2–16–07 Friday Vol. 72 No. 32 Feb. 16, 2007

Pages 7547–7736

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

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Contents Federal Register Vol. 72, No. 32

Friday, February 16, 2007

Agricultural Marketing Service Coast Guard RULES RULES Kiwifruit grown in California, 7547–7549 Drawbridge operations: Onions grown in Idaho and Oregon, 7549–7551 Illinois, 7581–7582 NOTICES NOTICES Grade standards: Committees; establishment, renewal, termination, etc.: Greenhouse tomatoes, 7591–7592 Prince William Sound Regional Citizens’ Advisory Tomatoes on the vine, 7593–7594 Council, 7665 Winter pears, 7594 Commerce Department Agriculture Department See International Trade Administration See Agricultural Marketing Service See National Oceanic and Atmospheric Administration See Animal and Plant Health Inspection Service See Patent and Trademark Office NOTICES See Foreign Agricultural Service Agency information collection activities; proposals, See Forest Service NOTICES submissions, and approvals, 7602 Agency information collection activities; proposals, Committee for Purchase From People Who Are Blind or submissions, and approvals, 7591 Severely Disabled NOTICES Air Force Department Procurement list; additions and deletions, 7601–7602 NOTICES Agency information collection activities; proposals, Defense Department submissions, and approvals, 7619–7620 See Air Force Department See Army Department Animal and Plant Health Inspection Service See Engineers Corps NOTICES See Navy Department Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 7594–7598 Federal Acquisition Regulation (FAR): Contractor code of ethics and business conduct, 7588– 7590 Army Department NOTICES See Engineers Corps Arms sales notification; transmittal letter, etc., 7611–7617 NOTICES Environmental statements; availability, etc.: Committees; establishment, renewal, termination, etc.: Ballistic Missile Defense System; development, testing, Inland Waterways Users Board, 7620–7621 deployment, and decommissioning plans, 7617–7618 Patent licenses; non-exclusive, exclusive, or partially Meetings: exclusive: Scientific Advisory Board, 7618 Medical image processing methodology for detention and discrimination of objects in tissue, 7621 Education Department Method of inducing and sealing of cracks in vessels, 7621 NOTICES Agency information collection activities; proposals, Arts and Humanities, National Foundation submissions, and approvals, 7625–7629 See National Foundation on the Arts and the Humanities Elementary and secondary education: Improving Literacy through School Libraries Program; Blind or Severely Disabled, Committee for Purchase From final priority, 7629–7630 People Who Are Grants and cooperative agreements; availability, etc.: See Committee for Purchase From People Who Are Blind Elementary and secondary education— or Severely Disabled Improving Literacy Through School Libraries Program, 7630–7634 Indian education programs— Centers for Disease Control and Prevention Professional Development Program, 7634–7639 NOTICES Safe and drug free schools programs— Meetings: Cooperative Civic Education and Economic Exchange Elimination of Tuberculosis Advisory Council, 7659 Program, 7639–7642 National Center for Infectious Diseases— Scientific Counselors Board, 7659–7660 Employment and Training Administration NOTICES Civil Rights Commission Grants and cooperative agreements; availability, etc.: NOTICES President’s High Growth Job Training Initiative— Meetings; State advisory committees: Long-term care sector of health care industry, 7680– Georgia, 7602 7692

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Energy Department Competition in wholesale power markets; technical See Federal Energy Regulatory Commission conference, 7650–7651 NOTICES Duke Power Co. LLC, 7651 Meetings: Natural Gas Pipeline Co. of America; technical Environmental Management Advisory Board, 7643–7644 conference, 7651 Environmental Management Site-Specific Advisory Applications, hearings, determinations, etc.: Board— Algonquin Gas Transmission, LLC, 7644 Nevada Test Site, 7643 CenterPoint Energy Gas Transmission Co., 7644 El Paso Natural Gas Co., 7644–7645 Engineers Corps Petal Gas Storage, L.L.C., 7645 NOTICES Texas Eastern Transmission, LP, 7645 Environmental statements; notice of intent: Windy Hill Gas Storage, LLC, 7645–7646 Amite River and tributaries, LA; restoration, 7621–7622 Upper Trinity River, Fort Worth, TX; Central City Project, Federal Reserve System 7622–7623 NOTICES Banks and bank holding companies: Environmental Protection Agency Change in bank control, 7656 NOTICES Formations, acquisitions, and mergers, 7656–7657 Environmental statements; availability, etc.: Meetings: Agency comment availability, 7651–7652 Consumer Advisory Council, 7657–7658 Agency weekly receipts, 7652–7653 Meetings: Fish and Wildlife Service Full Tribal Pesticide Program Council, 7653–7654 NOTICES Reports and guidance documents; availability, etc.: Endangered and threatened species permit applications, Clean Air Interstate Rule Federal Implementation Plan 7666–7670 Trading Programs; EGU NOx annual and NOx ozone season allocations; objection period extended, 7654 Food and Drug Administration NOTICES Federal Aviation Administration Agency information collection activities; proposals, RULES submissions, and approvals, 7660–7664 Airworthiness directives: Human drugs: Boeing, 7563–7566 7572–7576 Patent extension; regulatory review period EADS SOCATA, 7559–7561 7576–7578 determinations— Empresa Brasileira de Aeronautica S.A. (EMBRAER), TYGACIL, 7664–7665 7561–7563 Gippsland Aeronautics Pty. Ltd., 7578–7580 Foreign Agricultural Service Learjet, 7568–7572 NOTICES McDonnell Douglas, 7566–7568 Adjustment assistance; applications, determinations, etc.: Raytheon; correction, 7581 Burley Tobacco Growers Cooperative Association et al., Short Brothers & Harland Ltd., 7555–7558 7598 Sicma Aero Seat, 7554–7555 Michigan natural honey producers, 7598–7599 National Grape Cooperative Association, 7599 Federal Communications Commission NOTICES Foreign Claims Settlement Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 7655–7656 Meetings; Sunshine Act, 7676

Federal Election Commission Forest Service RULES NOTICES Compliance procedures: Environmental statements; availability, etc.: Probable cause hearings; pilot program, 7551–7554 Mt. Hood National Forest, OR; Bull Run Watershed Management Unit Agreement, 7599–7600 Federal Energy Regulatory Commission Environmental statements; notice of intent: PROPOSED RULES Boise National Forest, ID, 7600–7601 Public Utility Holding Company Act of 2005; implementation: General Services Administration Public Utility Holding Company Act of 1935; repeal PROPOSED RULES Technical conference, 7583 Federal Acquisition Regulation (FAR): NOTICES Contractor code of ethics and business conduct, 7588– Environmental statements; availability, etc.: 7590 Gulf South Pipeline Co., LP, 7646–7647 NOTICES Environmental statements; notice of intent: Environmental statements; availability, etc.: Dominion Transmission, Inc., 7647–7648 San Luis, AZ; new commercial port of entry construction, Hydroelectric applications, 7648–7650 7658 Meetings: California Independent System Operator Corp. Health and Human Services Department Post-technical conference comments period rescinded, See Centers for Disease Control and Prevention 7650 See Food and Drug Administration

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NOTICES Trukhaven Geothermal Leasing Area, CA, 7672–7673 Agency information collection activities; proposals, Realty actions; sales, leases, etc.: submissions, and approvals, 7658–7659 Nevada, 7673 Homeland Security Department National Aeronautics and Space Administration See Coast Guard PROPOSED RULES Housing and Urban Development Department Federal Acquisition Regulation (FAR): NOTICES Contractor code of ethics and business conduct, 7588– Grants and cooperative agreements; availability, etc.: 7590 Homeless assistance; excess and surplus Federal properties, 7714–7736 National Foundation on the Arts and the Humanities Reports and guidance documents; availability, etc.: NOTICES National origin discrimination as it affects limited Meetings: English proficient persons; prohibition; policy Humanities Panel, 7692–7693 guidance to Federal financial assistance recipients Effective date change and final guidance, 7666 National Highway Traffic Safety Administration Meeting rescheduled, 7665–7666 NOTICES Motor vehicle safety standards; exemption petitions, etc.: Interior Department Baby Trend, Inc., 7708–7709 See Fish and Wildlife Service Nissan North America, Inc, 7709 See Land Management Bureau See National Park Service National Oceanic and Atmospheric Administration International Trade Administration NOTICES Meetings: NOTICES Caribbean Fishery Management Council, 7606 Agency information collection activities; proposals, New England Fishery Management Council, 7606–7607 submissions, and approvals, 7602–7603 Pacific Fishery Management Council, 7607–7608 Antidumping: South Atlantic Fishery Management Council, 7608–7610 Carbon and certain alloy steel wire rod from— Southeastern data, assessment, and review; Caribbean Canada, 7603 queen conch, yellowfin grouper, and mutton, 7610– Chlorinated isocyanurates from— 7611 Spain, 7603–7604 Hot-rolled carbon steel flat products from— Netherlands, 7604–7606 National Park Service Lemon juice from— NOTICES Argentina and Mexico, 7606 Boundary establishment, descriptions, etc.: Golden Gate National Recreation Area, CA, 7674 International Trade Commission Environmental statements; availability, etc.: NOTICES Niobrara National Scenic River, NB; general management Import investigations: plan, 7674 Polyester staple fiber from— Meetings: China, 7676 Boston Harbor Islands Advisory Council, 7674–7675 Cape Cod National Seashore Advisory Commission, 7675 Justice Department National Register of Historic Places; pending nominations, See Foreign Claims Settlement Commission 7675–7676 See Justice Programs Office Navy Department Justice Programs Office NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 7624 submissions, and approvals, 7676–7678 Base realignment and closure: Surplus Federal property— Labor Department Naval Air Station, Brunswick, ME, 7624–7625 See Employment and Training Administration NOTICES Agency information collection activities; proposals, Nuclear Regulatory Commission submissions, and approvals, 7678–7679 NOTICES International Labor Affairs Bureau: Agency information collection activities; proposals, Strengthening labor compliance in agricultural sector in submissions, and approvals, 7693–7694 Central America and Dominican Republic, 7679– Reports and guidance documents; availability, etc.: 7680 License renewal applications; environmental reports Strengthening labor systems in Central America; acceptance review, 7694–7695 establishing worker rights centers, 7679 Patent and Trademark Office Land Management Bureau PROPOSED RULES NOTICES Patent cases: Environmental statements; availability, etc.: Patent Cooperation Treaty; application procedures, 7583– Pinedale, WY; resource management plan, 7670–7672 7587

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Postal Service Railroad operation, acquisition, construction, control, etc.: PROPOSED RULES Moscow, Camden & San Augustine Railroad, 7711 Domestic Mail Manual: Norfolk Southern Railway Co., 7710 Adult fowl; revised mailing standards, 7587–7588 NOTICES Thrift Supervision Office Domestic Mail Manual: NOTICES Domestic mailing services; new standards, 7695 Applications, hearings, determinations, etc.: CMS Bancorp, Inc., 7711 Railroad Retirement Board ESSA Bancorp, Inc., 7711 NOTICES Agency information collection activities; proposals, Transportation Department submissions, and approvals, 7695–7696 See Federal Aviation Administration See National Highway Traffic Safety Administration Securities and Exchange Commission See Surface Transportation Board NOTICES Agency information collection activities; proposals, Treasury Department submissions, and approvals, 7696–7697 See Thrift Supervision Office Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 7697–7699 International Securities Exchange, LLC, 7699–7701 Separate Parts In This Issue New York Stock Exchange LLC, 7701 Options Clearing Corp., 7701–7706 Part II Philadelphia Stock Exchange, Inc., 7706–7708 Housing and Urban Development Department, 7714–7736

Small Business Administration NOTICES Reader Aids Disaster loan areas: Consult the Reader Aids section at the end of this issue for Florida, 7708 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Surface Transportation Board To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Rail carriers: listserv.access.gpo.gov and select Online mailing list Control exemption— archives, FEDREGTOC-L, Join or leave the list (or change Koch Industries, Inc., 7709–7710 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 920...... 7547 958...... 7549 11 CFR 111...... 7551 14 CFR 39 (11 documents) ...... 7554, 7555, 7559, 7561, 7563, 7566, 7568, 7572, 7576, 7578, 7581 18 CFR Proposed Rules: 2...... 7583 33...... 7583 365...... 7583 366...... 7583 33 CFR 117 (2 documents) ...... 7581, 7582 37 CFR Proposed Rules: 1...... 7583 39 CFR Proposed Rules: 111...... 7587 48 CFR Proposed Rules: 2...... 7588 3...... 7588 52...... 7588

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Rules and Regulations Federal Register Vol. 72, No. 32

Friday, February 16, 2007

This section of the FEDERAL REGISTER Small businesses may request identified, which required reinspection. contains regulatory documents having general information on complying with this This rule continues to establish applicability and legal effect, most of which regulation by contacting Jay Guerber, procedures for handlers to ship such are keyed to and codified in the Code of Marketing Order Administration kiwifruit without PLI. This rule is Federal Regulations, which is published under Branch, Fruit and Vegetable Programs, intended to reduce handler inspection 50 titles pursuant to 44 U.S.C. 1510. AMS, USDA, 1400 Independence costs and facilitate the marketing of The Code of Federal Regulations is sold by Avenue, SW., STOP 0237, Washington, kiwifruit. The Committee unanimously the Superintendent of Documents. Prices of DC 20250–0237; Telephone: (202) 720– recommended this change at its April 6, new books are listed in the first FEDERAL 2491, Fax: (202) 720–8938, or E-mail: 2006, meeting. REGISTER issue of each week. [email protected]. Section 920.52(a) of the order SUPPLEMENTARY INFORMATION: This rule provides authority for grade, size, pack, container, and container marking DEPARTMENT OF AGRICULTURE is issued under Marketing Order No. 920 as amended (7 CFR part 920), requirements for shipments of fresh kiwifruit. Section 920.55 of the order Agricultural Marketing Service regulating the handling of kiwifruit grown in California, hereinafter referred requires inspection and certification of kiwifruit prior to shipment by the 7 CFR Part 920 to as the ‘‘order.’’ The order is effective under the Agricultural Marketing Federal or Federal-State Inspection [Docket No. FV06–920–1 FIR] Agreement Act of 1937, as amended (7 Service (FSIS). Section 920.302 of the U.S.C. 601–674), hereinafter referred to order’s regulations specifies applicable Kiwifruit Grown in California; as the ‘‘Act.’’ grade, size, pack, and container Relaxation of Container Marking The USDA is issuing this rule in requirements and § 920.303 specifies Requirements conformance with Executive Order applicable container marking requirements. AGENCY: Agricultural Marketing Service, 12866. Paragraph (d) of § 920.303 requires USDA. This rule has been reviewed under Executive Order 12988, Civil Justice that containers of kiwifruit be positive ACTION: Final rule. Reform. This rule is not intended to lot identified prior to shipment. PLI SUMMARY: The Department of have retroactive effect. This rule will helps to ensure that a specific load or Agriculture (USDA) is adopting, as a not preempt any State or local laws, lot of kiwifruit can be linked to an final rule, without change, an interim regulations, or policies, unless they inspection certificate and provides final rule that relaxed the container present an irreconcilable conflict with verification that the fruit was inspected. marking requirements for kiwifruit this rule. No less than 75 percent of the covered under the California kiwifruit The Act provides that administrative containers of kiwifruit on a pallet must marketing order (order). The order proceedings must be exhausted before be marked with a lot stamp number regulates the handling of kiwifruit parties may file suit in court. Under corresponding to the lot inspection grown in California and is administered section 608c(15)(A) of the Act, any conducted by the FSIS. This lot stamp locally by the Kiwifruit Administrative handler subject to an order may file number is a PLI number that can be Committee (Committee). Prior to with USDA a petition stating that the matched to an inspection certificate. implementation of the interim final rule, order, any provision of the order, or any Individual consumer packages within a kiwifruit that had been inspected, met obligation imposed in connection with master container, and containers being applicable grade and size requirements, the order is not in accordance with law directly loaded into a vehicle for export and was subsequently placed into new and request a modification of the order under FSIS supervision are exempt from containers, had to be positive lot or to be exempted therefrom. A handler PLI. Individual consumer packages identified, which required reinspection. is afforded the opportunity for a hearing placed directly on a pallet, and plastic This rule continues in effect the action on the petition. After the hearing USDA containers of kiwifruit must be positive that established procedures for handlers would rule on the petition. The Act lot identified. to ship such kiwifruit without positive provides that the district court of the Prior to implementation of the interim lot identification (PLI). This rule is United States in any district in which final rule, kiwifruit that had been intended to reduce handler inspection the handler is an inhabitant, or has his inspected and certified, and was costs and facilitate the marketing of or her principal place of business, has subsequently placed into new kiwifruit. jurisdiction to review USDA’s ruling on containers, had to be positive lot the petition, provided an action is filed identified. When such kiwifruit is DATES: Effective Date: March 19, 2007. not later than 20 days after the date of placed into new containers, the PLI FOR FURTHER INFORMATION CONTACT: the entry of the ruling. mark on the container is lost and thus Shereen Marino, Marketing Specialist, This rule continues in effect the the lot is not easily identified. The new or Kurt J. Kimmel, Regional Manager, action that relaxed the container containers must be reinspected and California Marketing Field Office, marking requirements for kiwifruit marked with a new PLI number. Marketing Order Administration covered under the order. Prior to Reinspection costs for such kiwifruit Branch, Fruit and Vegetable Programs, implementation of the interim final rule, account for roughly 20 percent of AMS, USDA, telephone: (559) 487– kiwifruit that had been inspected, met annual inspection costs for handlers. 5901, Fax: (559) 487–5906, or E-mail: applicable grade and size requirements, In an effort to reduce handler costs, [email protected], or and was subsequently placed into new the Committee recommended [email protected]. containers, had to be positive lot establishing procedures for handlers to

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ship previously inspected kiwifruit kiwifruit must be positive lot identified kiwifruit handlers and a majority of the placed in new containers without PLI. prior to shipment in accordance with growers may be classified as small Handlers now have the option of having specified requirements. Paragraph (d) entities. such kiwifruit reinspected and marked was modified further for clarification This rule continues in effect the with a PLI number or requesting a purposes to change the term ‘‘lot stamp action that relaxed the container verification number under a new number’’ to ‘‘positive lot identified,’’ marking requirements specified in verification process. Such kiwifruit and to change the term ‘‘plastic § 920.303. Prior to implementation of must be of the same grade and size as container’’ to ‘‘reusable plastic the interim final rule, kiwifruit that had originally inspected. The handler must container.’’ been inspected, met applicable grade contact the FSIS to obtain a verification and size requirements, and was Final Regulatory Flexibility Analysis number prior to shipment, and plainly subsequently placed into new mark one end of each container with the Pursuant to requirements set forth in containers had to be positive lot letter ‘‘R’’ and the verification number. the Regulatory Flexibility Act (RFA), the identified, which required reinspection. The letter ‘‘R’’ and the verification Agricultural Marketing Service (AMS) This rule continues to establish number must not be less than one-half has considered the economic impact of procedures for handlers to ship such inch in height. The handler must submit this action on small entities. kiwifruit without PLI. The verification a Kiwifruit Verification Form to the Accordingly, AMS has prepared this procedures are specified in § 920.303(f). FSIS within 3 business days of such final regulatory flexibility analysis. Handlers must obtain a verification request, and provide the following The purpose of the RFA is to fit number from the FSIS, mark their new information from the original regulatory actions to the scale of containers with such number and the inspection: (i) The positive lot business subject to such actions in order letter ‘‘R,’’ and submit a Kiwifruit identification numbers; (ii) the identity that small businesses will not be unduly Verification Form to the FSIS. The of the handler; (iii) the inspection or disproportionately burdened. verification number can be linked to the certificate numbers; (iv) the grade and Marketing orders issued pursuant to the original PLI number, thereby providing size of the kiwifruit; (v) the number and Act, and the rules issued thereunder, are a method to trace the fruit back to the type of containers; and (v) the handler’s unique in that they are brought about original inspection certificate. This brand; and the following information on through group action of essentially action is intended to reduce handler the kiwifruit placed into new small entities acting on their own inspection costs and facilitate the containers: (i) The number and type of behalf. Thus, both statutes have small marketing of kiwifruit. This rule also containers; and (ii) the applicable brand. entity orientation and compatibility. continues in effect minor modifications The verification number is linked to the There are approximately 37 handlers to paragraph (d) of § 920.303 for PLI number, thus providing a method to of kiwifruit subject to regulation under clarification purposes. Authority for this trace the fruit back to the original the marketing order and approximately action is provided in §§ 902.52(a)(3) and inspection certificate. The FSIS 220 growers in the production area. 920.55 of the order. maintains the Kiwifruit Verification Small agricultural service firms are The impact of this change on handlers Forms. The Committee will make use of defined by the Small Business was discussed by the Committee. completed forms to audit handlers as Administration (13 CFR 121.201) as Reinspection costs due to PLI needed to ensure compliance, pursuant those whose annual receipts are less requirements account for roughly 20 to authority provided in § 920.61. than $6,500,000, and small agricultural percent of annual inspection costs for Accordingly, a new paragraph (f) was producers are defined as those whose the industry. Additionally, an average of added to § 920.303 that established the annual receipts are less than $750,000. 20 percent of the crop is placed into verification procedures described above. None of the 37 handlers subject to new containers annually. The following Additionally, a new sentence was added regulation have annual kiwifruit sales of table shows inspection costs for in-line to the beginning of paragraph (d) in that $6,500,000. In addition, six growers inspection, lot inspection, and kiwifruit section to clarify that except as provided subject to regulation have annual sales placed into new containers for 2001 to in the new paragraph (f), containers of exceeding $750,000. Therefore, all of the 2005.

New Year In-Line Lot containers Total cost

2001–02 ...... $107,702 $15,254 $38,411 $161,367 2002–03 ...... 96,376 24,866 35,521 156,763 2003–04 ...... 111,228 12,064 29,197 152,489 2004–05 ...... 129,197 24,319 31,415 184,931

This change reduces inspection costs option to reinspection, identity of the information requirements and because handlers have the option of lot can be achieved through the duplication by industry and public using the new verification process verification number, which provides a sector agencies. Finally, USDA has not instead of having kiwifruit reinspected trace back to the original inspection identified any relevant Federal rules to conform to PLI requirements. certificate. Additionally, such kiwifruit that duplicate, overlap, or conflict with Additionally, reinspection can delay has already met the minimum this rule. shipments because kiwifruit cannot be requirements of the marketing order. It The AMS is committed to complying shipped until reinspection has been is anticipated that the rule provides a with the E-Government Act, to promote completed by the FSIS. cost savings to handlers. the use of the Internet and other The Committee considered the As with all Federal marketing order information technologies to provide alternative of maintaining the status programs, reports and forms are increased opportunities for citizen quo, but this was not viable. As an periodically reviewed to reduce

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access to Government information and 2006, is adopted as a final rule without DC 20250–0237; Telephone: (202) 720– services, and for other purposes. change. 2491, Fax: (202) 720–8938, or E-mail: In addition, the Committee’s meeting Dated: February 12, 2007. [email protected]. was widely publicized throughout the Lloyd C. Day, SUPPLEMENTARY INFORMATION: This rule kiwifruit industry and all interested Administrator, Agricultural Marketing is issued under Marketing Agreement persons were invited to attend the Service. No. 130 and Marketing Order No. 958, meeting and participate in Committee [FR Doc. E7–2732 Filed 2–15–07; 8:45 am] both as amended (7 CFR part 958), deliberations on all issues. Like all BILLING CODE 3410–02–P regulating the handling of onions grown Committee meetings, the April 6, 2006, in designated counties in Idaho, and meeting was a public meeting and all Malheur County, Oregon, hereinafter entities, both large and small, were DEPARTMENT OF AGRICULTURE referred to as the ‘‘order.’’ The order is encouraged to express their views on effective under the Agricultural these issues. Agricultural Marketing Service Marketing Agreement Act of 1937, as An interim final rule concerning this amended (7 U.S.C. 601–674), hereinafter action was published in the Federal 7 CFR Part 958 referred to as the ‘‘Act.’’ Register on October 3, 2006. Copies of [Docket No. AMS–FV–06–0179; FV06–958– USDA is issuing this rule in the rule were mailed by the Committee’s 1 FIR] conformance with Executive Order staff to all Committee members and 12866. kiwifruit handlers. In addition, the rule Onions Grown in Certain Designated This rule has been reviewed under was made available through the Internet Counties in Idaho, and Malheur Executive Order 12988, Civil Justice by USDA and the Office of the Federal County, OR; Change in Reporting Reform. This rule is not intended to Register. That rule provided for a 60- Requirements have retroactive effect. This rule will day comment period which ended not preempt any State or local laws, December 4, 2006. No comments were AGENCY: Agricultural Marketing Service, regulations, or policies, unless they received. USDA. present an irreconcilable conflict with A small business guide on complying ACTION: Final rule. this rule. The Act provides that administrative with fruit, vegetable, and specialty crop SUMMARY: The Department of proceedings must be exhausted before marketing agreements and orders may Agriculture (USDA) is adopting, as a parties may file suit in court. Under be viewed at: http://www.ams.usda.gov/ final rule, without change, an interim section 608c(15)(A) of the Act, any fv/moab.html. Any questions about the final rule changing the reporting handler subject to an order may file compliance guide should be sent to Jay requirements established under the with USDA a petition stating that the Guerber at the previously mentioned Idaho-Eastern Oregon onion marketing order, any provision of the order, or any address in the FOR FURTHER INFORMATION order, which regulates the handling of obligation imposed in connection with CONTACT section. onions grown in designated counties in the order is not in accordance with law Idaho and Oregon and is administered Paperwork Reduction Act and request a modification of the order locally by the Idaho-Eastern Oregon or to be exempted therefrom. A handler The interim final rule published on Onion Committee. This rule continues is afforded the opportunity for a hearing October 3, 2006, provided a 60-day in effect the action that: Established a on the petition. After the hearing USDA period for comments on the reporting credit application procedure for would rule on the petition. The Act requirements in that rule. No comments assessments paid on onions that are provides that the district court of the were received. In accordance with the subsequently regraded, resorted, or United States in any district in which Paperwork Reduction Act of 1995 [44 repacked within the production area or the handler is an inhabitant, or has his U.S.C. 3501 et seq.], the information diverted to exempt special purpose or her principal place of business, has collection was approved by the Office of outlets; changed the reporting jurisdiction to review USDA’s ruling on Management and Budget (OMB), under requirements for fresh onions for the petition, provided an action is filed OMB No. 0581–0238, ‘‘Kiwifruit Grown peeling, chopping, or slicing, and for not later than 20 days after the date of in California.’’ special purpose shipments; and added the entry of the ruling. After consideration of all relevant ‘‘disposal’’ as a special purpose This rule continues in effect the material presented, including the shipment. Committee’s recommendation, and action that established an application other information, it is found that DATES: Effective Date: March 19, 2007. procedure for handlers to receive credit finalizing the interim final rule, without FOR FURTHER INFORMATION CONTACT: for assessments paid on onions that are change, as published in the Federal Susan M. Hiller, Marketing Specialist, subsequently regraded, resorted, or Register (71 FR 58246, October 3, 2006) or Gary D. Olson, Regional Manager, repacked within the production area or will tend to effectuate the declared Northwest Marketing Field Office, diverted to exempt special purpose policy of the Act. Marketing Order Administration outlets; changed the reporting Branch, Fruit and Vegetable Programs, requirements for fresh onions for List of Subjects in 7 CFR Part 920 AMS, USDA; Telephone: (503) 326– peeling, chopping, or slicing; changed Kiwifruit, Marketing agreements, 2724, Fax: (503) 326–7440, or E-mail: the reporting requirements for special Reporting and recordkeeping [email protected] or purpose shipments; and added requirements. [email protected]. ‘‘disposal’’ as a special purpose Small businesses may request shipment. These actions were PART 920—KIWIFRUIT GROWN IN information on complying with this unanimously recommended by the CALIFORNIA regulation by contacting Jay Guerber, Committee at a meeting on June 15, Marketing Order Administration 2006. I Accordingly, the interim final rule Branch, Fruit and Vegetable Programs, Section 958.53 provides authority for amending 7 CFR part 920, which was AMS, USDA, 1400 Independence the Committee, with the approval of published at 71 FR 58246 on October 3, Avenue SW., STOP 0237, Washington, USDA, to exempt special purpose

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shipments from assessment and destroying the onions, generally by adding a new heading ‘‘Subpart—Rules handling regulations established under burying the onions in special pits. and Regulations.’’ the order. Under this authority, The Committee unanimously Final Regulatory Flexibility Analysis § 958.328(e) exempts onions for recommended changing the reporting planting, livestock feed, charity, requirements for fresh onions for Pursuant to requirements set forth in dehydration, canning, freezing, peeling, chopping, or slicing in the Regulatory Flexibility Act (RFA), the extraction, and pickling from the § 958.328(d) by removing receiver Agricultural Marketing Service (AMS) minimum grade, size, maturity, reporting requirements. Previously, the has considered the economic impact of assessment, and inspection name of Form No. FV–37 was the this action on small entities. requirements. Section 958.56 provides ‘‘Rehandling of Onions Report’’, which Accordingly, AMS has prepared this authority for the Committee, with the handlers found confusing and unrelated final regulatory flexibility analysis. approval of USDA, to prescribe to the actual activity. The form has been The purpose of the RFA is to fit safeguards to prevent onions from renamed ‘‘Fresh Cut Report’’ (same form regulatory actions to the scale of entering channels of trade for other than number) and will be submitted by business subject to such actions in order the purpose authorized. Safeguards in handlers to report multiple shipments that small businesses will not be unduly effect are delineated in § 958.328(f). rather than individual shipments. or disproportionately burdened. Section 958.65 provides authority for The Committee agreed with industry Marketing orders issued pursuant to the the Committee, with the approval of concerns that reporting burdens should Act, and the rules issued thereunder, are USDA, to require such reports and other not be placed on the receivers of Idaho- unique in that they are brought about information as may be necessary for the Eastern Oregon onions. Receivers are through group action of essentially Committee to perform its duties. able to acquire onions from regions that small entities acting on their own do not have a marketing order in effect behalf. Thus, both statutes have small The Committee conducted an and thus avoid reporting requirements. entity orientation and compatibility. industry-wide meeting on January 17, The Committee received information There are approximately 250 2006, to review the compliance and that handlers in the production area producers of onions in the production safeguard provisions of the order. The may have lost sales due to receiver area, 38 handlers, and 24 receivers Committee appointed a Compliance reporting requirements. subject to regulation under the order. Subcommittee, which met on May 16, This rule also continues in effect the Small agricultural producers are defined 2006, to review the comments received. action that changed the safeguard by the Small Business Administration The three main areas of concern reporting requirements in § 958.328(f) (SBA)(13 CFR 121.201) as those having expressed by industry members were: by clarifying that the safeguard annual receipts of less than $750,000, (1) The need to provide a procedure for procedures are required only for onions and small agricultural service firms are handlers to obtain credit for assessments shipped outside the Idaho-Eastern defined as those whose annual receipts paid on onions that are subsequently Oregon onion production area. are less than $6,500,000. regraded, resorted, or repacked within Under the new safeguard procedures, The National Agricultural Statistics the production area or diverted into with newly revised forms, handlers will Service (NASS) reported in the exempt special purpose outlets; (2) notify the Committee and obtain a ‘‘Vegetables 2005 Summary’’, published improving the method of reporting fresh Certificate of Privilege permit number in January 2006, that the total F.O.B. market onions for peeling, chopping, or by completing form FV–34, value of onions in the regulated slicing; and (3) improving and ‘‘Application to Make Special Purpose production area for 2005 was streamlining the safeguards for special Shipments—Certificate of Privilege.’’ $148,685,000. Therefore, based on an purpose shipments. An overriding Receivers of special purpose onions will industry of 250 producers, 38 handlers, concern expressed was the need to only need to complete form FV–36, and 24 receivers, the majority of decrease the reporting burden on ‘‘Special Purpose Shipment Receiver producers, handlers, and receivers of receivers (buyers) of Idaho-Eastern Certification’’ indicating they will use Idaho-Eastern Oregon onions may be Oregon onions. the onions in an approved special classified as small entities. The Committee met on June 15, 2006, purpose outlet. Receivers will no longer This rule continues in effect the to hear the report of the Compliance be required to submit form FV–35, action that added a new § 958.250, Subcommittee. The Committee ‘‘Onion Diversion Report’’ for every which establishes an application thereafter unanimously recommended shipment. Handlers will submit procedure for handlers to receive credit changing the reporting requirements additional information to the Committee for assessments paid on onions in established under the order to address on form FV–34, ‘‘Application to Make accordance with §§ 958.42 and 958.240 these three areas of concern. The Special Purpose Shipments—Certificate that are subsequently regraded, resorted, Committee recommended adding a new of Privilege.’’ This information includes repacked within the production area, or § 958.250 and a new form, ‘‘Assessment type of sale, total hundredweight for the sent to exempt special purpose outlets. Credit Report’’, which establishes a sale, and the type of container for the This rule also finalizes the action that procedure for those handlers who sale. This form can be used to report added ‘‘disposal’’ as a special purpose would like credit for assessments paid multiple shipments. shipment. on onions in accordance with §§ 958.42 These changes are intended to The rule also continues in effect the and 958.240 that are subsequently enhance compliance with the special action that changed the reporting regraded, resorted, or repacked within purpose shipment procedures requirements for fresh onions for the production area, or shipped into established under the order and peeling, chopping, or slicing and for special purpose outlets. The Committee contribute to the efficient operation of special purpose shipments by reducing also recommended that ‘‘disposal’’ be the program. receiver reporting requirements and added to § 958.328(e) as a special And finally, this rule continues in streamlining handler reporting purpose to allow handlers to receive effect the action that reorganized the requirements. assessment credit on onions for which rules and regulations issued under this Regarding the impact of these actions assessments have been paid when such order by removing the heading on affected entities, this rule imposes onions are disposed of. Disposal means ‘‘Subpart—Assessment Rates’’ and minimal additional costs. This rule

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continues in effect the action that which ended January 8, 2007. No PART 958—ONIONS GROWN IN established a procedure to make it easier comments were received. CERTAIN DESIGNATED COUNTIES IN for handlers to apply for an assessment A small business guide on complying IDAHO, AND MALHEUR COUNTY, credit. The change in the reporting with fruit, vegetable, and specialty crop OREGON requirements for fresh onions for marketing agreements and orders may peeling, chopping, or slicing, as well as I Accordingly, the interim final rule be viewed at: http://www.ams.usda.gov/ the change to the safeguards for special amending 7 CFR part 958, which was purpose shipments were requested by fv/moab.html. Any questions about the published at 71 FR 65037 on November industry members and should decrease compliance guide should be sent to Jay 7, 2006, is adopted as a final rule the overall reporting burden. The Guerber at the previously mentioned without change. address in the FOR FURTHER INFORMATION benefits of this rule are not expected to Dated: February 12, 2007. CONTACT section. be disproportionately greater or lesser Lloyd C. Day, for small handlers or producers than for Paperwork Reduction Act larger entities. Administrator, Agricultural Marketing Service. An alternative to these actions would The interim final rule published on [FR Doc. E7–2724 Filed 2–15–07; 8:45 am] be to have handlers report onion November 7, 2006, provided a 60-day BILLING CODE 3410–02–P shipments rather than utilizing the period for comments on the reporting information from each handler’s requirements in that rule. No comments inspection certificates. However, most were received. In accordance with the FEDERAL ELECTION COMMISSION handlers were opposed to this Paperwork Reduction Act of 1995 (44 alternative because it would increase U.S.C. 3501 et seq.), the information their reporting burden. 11 CFR Part 111 collection requirements that are As with other similar marketing order [Notice 2007–04] programs, reports and forms are contained in this rule were approved by OMB, under OMB No. 0581–0241, periodically reviewed to reduce Policy Statement Establishing a Pilot information requirements and ‘‘Onions Grown in Certain Designated Program for Probable Cause Hearings duplication by industry and public Counties in Idaho, and Malheur County, sector agencies. In addition, as noted in Oregon, M.O. No. 958.’’ AGENCY: Federal Election Commission. the initial regulatory flexibility analysis, In summary, this rule continues in ACTION: Statement of policy. USDA has not identified any relevant effect the actions that established an SUMMARY: The Federal Election Federal rules that duplicate, overlap or application procedure for handlers to Commission (‘‘Commission’’) is conflict with this rule. receive credit for assessments paid on AMS is committed to complying with establishing a pilot program that will onions that are subsequently regraded, the E-Government Act, to promote the allow respondents in enforcement resorted, or repacked within the use of the Internet and other proceedings under the Federal Election information technologies to provide production area or diverted to exempt Campaign Act, as amended (‘‘FECA’’), to increased opportunities for citizen special purpose outlets; changed the have an oral hearing before the access to Government information and reporting requirements for fresh onions Commission. Hearings will take place services, and for other purposes. for peeling, chopping, or slicing; added prior to the Commission’s consideration The Committee has a number of ‘‘disposal’’ as a special purpose of the General Counsel’s appointed subcommittees to review shipment; and changed the reporting recommendation on whether to find certain issues and make requirements for special purpose probable cause to believe that a recommendations to the Committee. shipments. This rule continues in effect violation has occurred. The Commission The Compliance Subcommittee met on the actions that removed reporting will grant a request for a probable cause May 16, 2006, and discussed these requirements for receivers and hearing if any two commissioners agree issues in detail. All interested persons streamlined handler reporting to hold a hearing. The program will were invited to attend this meeting and requirements. These changes should provide respondents with the participate in the industry’s enhance compliance with the special opportunity to present arguments to the deliberations. purpose shipment procedures Commission directly and give the Further, the Committee’s meeting on established under the marketing order Commission an opportunity to ask June 15, 2006, was widely publicized and contribute to the efficient operation relevant questions. Further information throughout the onion industry and all of the program. about the procedures for the pilot interested persons were invited to program is provided in the attend the meeting and participate in After consideration of all relevant supplementary information that follows. material presented, including the Committee deliberations. Like all DATES: Effective Date: February 16, Committee’s recommendation, and Committee meetings, the June 15, 2006, 2007. meeting was a public meeting and all other information, it is found that entities, both large and small, were able finalizing this interim final rule, FOR FURTHER INFORMATION CONTACT: to express their views on this issue. without change, as published in the Mark D. Shonkwiler, Assistant General An interim final rule concerning this Federal Register (71 FR 65037, Counsel, 999 E Street, NW., action was published in the Federal November 7, 2006) will tend to Washington, DC 20463, (202) 694–1650 Register on November 7, 2006. Copies of effectuate the declared policy of the Act. or (800) 424–9530. the rule were mailed by the Committee’s SUPPLEMENTARY INFORMATION: The staff to all Committee members, onion List of Subjects in 7 CFR Part 958 Federal Election Commission is handlers, and interested persons. In Marketing agreements, Onions, establishing a pilot program to afford addition, the rule was made available Reporting and recordkeeping respondents in pending enforcement through the Internet by USDA and the matters the opportunity to participate in requirements. Office of the Federal Register. That rule hearings (generally through counsel) provided for a 60-day comment period, and present oral arguments directly to

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the Commissioners, prior to any before the Commission. See 11 CFR will have the opportunity to present Commission determination of whether 111.16(b). Hearings are voluntary and their arguments, and Commissioners, to find probable cause to believe that no adverse inference will be drawn by the General Counsel, and the Staff respondents violated FECA.1 the Commission based on a Director will have the opportunity to respondent’s request or waiver of such pose questions to the respondent, or I. Background a hearing. The respondent must include respondent’s counsel, if represented. On June 11, 2003, the Commission a written request for a hearing as a part One commenter suggested that the held a hearing concerning its of its properly and timely filed reply proposed probable cause hearing enforcement procedures. The brief under 11 CFR 111.16(c). Any procedure be revised to exclude any Commission received comments from request for a hearing must state with questioning of respondents or those in the regulated community, many specificity why the hearing is being respondents’ counsel by the of whom argued for increased requested and what issues the Commission’s General Counsel or Staff transparency in Commission procedures respondent expects to address. Absent Director, as this would be a and expanded opportunities to contest good cause, to be determined at the sole continuation of the completed allegations.2 In response to issues raised discretion of the Commission, late investigation and would offer little at the hearing, the Commission has requests will not be accepted. value to the Commission. The made a number of changes, such as Respondents are responsible for Commission rejects this suggestion. The allowing Respondents to have access to ensuring that their request is timely Commission believes that the their deposition transcripts, See received. All requests for hearings, participation of the General Counsel and Statement of Policy Regarding scheduling and format inquiries, Staff Director in the hearings is Deposition Transcripts in Nonpublic document submissions, and any other appropriate and may often prove helpful Investigations, 68 FR 50688 (August 22, inquiries related to the probable cause to the Commission. 2003), and clarifying questions hearings should be directed to the Office Respondents may discuss any issues concerning treasurer liability for of General Counsel. presented in the enforcement matter, violations of the FECA, See Statement of The Commission will grant a request including potential liability and Policy Regarding Treasurers Subject to for an oral hearing if any two calculation of a civil penalty. Hearings Enforcement Proceedings, 70 FR 3 Commissioners agree that a hearing are confidential and not open to the (January 3, 2005). would help resolve significant or novel public; generally only respondents and On December 8, 2006, the legal issues, or significant questions their counsel may attend. Attendance by Commission published a proposal for a about the application of the law to the any other parties must be approved by pilot program for probable cause facts. The Commission will inform the the Commission in advance. hearings, and sought comments from the respondent whether the Commission is The Commission will determine the regulated community. See Proposed granting the respondent’s request within format and time allotted for each Policy Statement Establishing Pilot 30 days of receiving the respondent’s hearing at its discretion. Among the Program for Probable Cause Hearings, brief. Respondents who submitted their factors that the Commission may 71 FR 71088 (Dec. 8, 2006). The probable cause briefs prior to the consider are agency time constraints, comment period on the proposed policy effective date of this policy statement the complexity of the issues raised, the statement closed on January 5, 2007. may request in writing a probable cause number of respondents involved, and The Commission received four hearing if the Commission has not made Commission interest. The Commission comments, all of which endorsed the its probable cause determination. will determine the amount of time proposed pilot program for probable Two commenters suggested that the allocated for each portion of the hearing, cause hearings. These comments are Commission offer oral hearings at other and these time limits may vary from available at http://www.fec.gov/law/ stages of the enforcement process, hearing to hearing. The Commission policy.shtml#proposed under the including prior to a Commission anticipates that most hearings will begin heading ‘‘Pilot Program for Probable decision to enter into pre-probable with a brief opening statement by Cause Hearings.’’ cause conciliation. The commenters respondent or respondents’ counsel, II. Procedures for Probable Cause provided no specific suggestion as to followed by questioning from the Hearings how such hearings at other stages of the Commissioners, General Counsel, and enforcement process would benefit the Staff Director. Hearings will normally A. Opportunity To Request a Hearing decision-making process. The conclude with the respondent or A respondent may request a probable Commission declines to adopt such an respondent’s counsel’s closing remarks. cause hearing when the enforcement expansion of the pilot program at this Third party witnesses or other co- process reaches the probable cause time. respondents may not be called to testify at a respondent’s oral hearing, nor may determination stage (see 11 CFR B. Hearing Procedures 111.16—111.17) and the respondent a respondents’ counsel call the submits a probable cause response brief The purpose of the oral hearing is to respondent to testify. However, the to the Office of General Counsel. The provide a respondent an opportunity to Commission may request that the General Counsel will attach a cover present his or her arguments in person respondent submit supplementary letter to its probable cause brief to to the Commissioners before the information or briefing after the inform the respondent of the Commission makes a determination that probable cause hearing. The opportunity to request an oral hearing there is ‘‘probable cause to believe’’ that Commission discourages voluminous the respondent violated the Act or submissions. Supplementary 1 The Commission is appending to this statement Commission regulations. Consistent information may not be submitted more a general description of its enforcement procedures with current Commission regulations, than ten days after the oral hearing, (‘‘Basic Commission Enforcement Procedure’’). any respondent may be represented by unless the Commission’s request for These procedures are prescribed by statute and counsel, at the respondent’s own information imposes a different, regulation. See 2 U.S.C. 437g; 11 CFR part 111. 2 The comments from these 2003 proceedings are expense, or may appear pro se at any Commission-approved deadline. available online at http://www.fec.gov/agenda/ probable cause hearing. See 11 CFR Materials requested by the Commission, agendas2003/notice2003–09/comments.shtml. 111.23. Respondents (or their counsel) and materials considered by the

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Commission in making its ‘‘probable deadline or other deadline found in 11 Dated: February 12, 2007. cause to believe’’ determination, may be CFR part 111. Robert D. Lenhard, made part of the public record pursuant E. Pilot Program Chairman, Federal Election Commission. to the Commission’s Statement of Policy Regarding Disclosure of Closed The pilot program will last eight Appendix Enforcement and Related Files, 68 FR months from the time that this policy is Basic Commission Enforcement Procedure 70426 (Dec. 18, 2003). approved. After eight months, a vote The Commission’s enforcement procedures The Commission will have transcripts will be scheduled on whether the are set forth at 11 CFR part 111. An made of the hearings. The transcripts program should continue. The program enforcement matter may be initiated by a will become a part of the record for the will remain in effect until that vote is complaint or on the basis of information enforcement matter and may be relied taken. Four affirmative votes will be ascertained by the Commission in the normal upon for determinations made by the required to extend or make permanent course of carrying out its supervisory Commission. Respondent may be bound the program. The program will be responsibilities. 11 CFR 111.3. If a complaint by any representations made by terminated after that vote if there are not substantially complies with certain four affirmative votes to make the requirements set forth in 11 CFR 111.4, respondent or respondents’ counsel at a within five days of receipt the Office of hearing. The Commission will make the program permanent or to extend it for General Counsel notifies each party transcripts available to the respondent some time period. The Commission may determined to be a respondent that a as soon as practicable after the hearing, terminate or modify this pilot program complaint has been filed, provides a copy of and the respondent may purchase through additional policy statements the complaint, and advises each respondent copies of the transcript. Transcripts will prior to the eighth month of the pilot of Commission compliance procedures. 11 be made public after the matter is closed program by an affirmative vote of four CFR 111.5. A respondent then has 15 days in accordance with Commission policies of its members. If the pilot program is from receipt of the notification from the on disclosure.3 terminated, previously requested Office of General Counsel to submit a letter hearings may still be held. or memorandum to the Commission setting C. Cases Involving Multiple forth reasons why the Commission should Respondents F. Conclusion take no action on the basis of the complaint. 11 CFR 111.6. In cases involving multiple The Commission urges respondents to Following receipt of such letter or respondents, the Commission will consider carefully the costs and benefits memorandum, or expiration of the 15-day decide on a case-by-case basis whether of proceeding to probable cause period, the Office of General Counsel may to structure any hearing(s) separately or briefings and/or hearings. The hearings recommend to the Commission whether or as joint hearings for all respondents. are optional and no negative inference not it should find ‘‘reason to believe’’ that a Respondents are encouraged to advise will be drawn if respondents do not respondent has committed or is about to request a hearing. Currently, the commit a violation of the Act or Commission the Commission of their preferences. 4 majority of the Commission’s cases are regulations. 11 CFR 111.7(a). With respect to Co-respondents may request joint internally-generated matters (e.g., referrals hearings if each participating co- settled through pre-probable cause from the Commission’s Audit or Reports respondent provides an unconditional conciliation. Proceeding to probable Analysis Divisions), the Office of General waiver of confidentiality with respect to cause briefing requires a substantial Counsel may recommend that the other participating co-respondents and investment of the Commission’s limited Commission find ‘‘reason to believe’’ that a their counsel and a nondisclosure resources. Consistent with the goal of respondent has committed or is about to agreement. If separate hearings are held, expeditious resolution of enforcement commit a violation of the Act or Commission each respondent will have access to the matters, the Commission encourages regulations on the basis of information transcripts from his/her/its own hearing, pre-probable cause conciliation. The ascertained by the Commission in the normal Commission has a practice in many course of carrying out its supervisory but not transcripts of other co- responsibilities, or on the basis of a referral respondents’ hearings, unless co- cases of reducing the civil penalty it from an agency of the United States or any respondents specifically provide written seeks through its opening settlement state. If the Commission determines by an consent to the Commission granting offer in pre-probable cause conciliation. affirmative vote of four members that it has access to such transcript(s). However, once pre-probable cause ‘‘reason to believe’’ that a respondent conciliation has been terminated, this violated the Act or Commission regulations, D. Scheduling of Hearings reduction (normally 25%) is no longer the respondent must be notified by letter of The Commission will seek to hold the available and the civil penalty will the Commission’s finding(s). 11 CFR hearing in a timely manner after generally increase. 111.9(a).5 The Office of General Counsel will receiving respondents’ request for a This notice represents a general also provide the respondent with a Factual hearing. The Commission will attempt statement of policy announcing the and Legal Analysis, which will set forth the to schedule the hearings at a mutually bases for the Commission’s finding of reason general course of action that the to believe. acceptable date and time. However, if a Commission intends to follow. This After the Commission makes a ‘‘reason to respondent is unable to accommodate policy statement does not constitute an believe’’ finding, an investigation is the Commission’s schedule, the agency regulation requiring notice of conducted by the Office of General Counsel, Commission may decline to hold a proposed rulemaking, opportunities for in which the Commission may undertake hearing. The Commission reserves the public participation, prior publication, field investigations, audits, and other right to reschedule any hearing. Where and delay in effective date under 5 methods of information-gathering. 11 CFR necessary, the Commission reserves the U.S.C. 553 of the Administrative right to request from a respondent an Procedures Act (‘‘APA’’). As such, it 4 The Office of General Counsel may also agreement tolling any upcoming recommend that the Commission find no ‘‘reason to does not bind the Commission or any believe’’ that a violation has been committed to is deadline, including any statutory member of the general public. The about to be committed, or that the Commission provisions of the Regulatory Flexibility otherwise dismiss a complaint without regard to the 3 The Commission’s Statement of Policy Act, 5 U.S.C. 605(b), which apply when provisions of 11 CFR 111.6(a). 11 CFR 111.7(b). Regarding Disclosure of Closed Enforcement and 5 If the Commission finds no ‘‘reason to believe,’’ Related Files, 68 FR 70426 (Dec. 18, 2003) is hereby notice and comment are required by the or otherwise terminates its proceedings, the Office amended to include disclosure of transcripts from APA or another statute, are not of General Counsel shall advise the complainant probable cause hearings. applicable. and respondent(s) by letter. 11 CFR 111.9(b).

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111.10. Additionally, the Commission may DEPARTMENT OF TRANSPORTATION Examining the AD Docket issue subpoenas to order any person to submit sworn written answers to written Federal Aviation Administration You may examine the docket that questions, to provide documents, or to contains the AD, any comments appear for a deposition. 11 CFR 111.11– 14 CFR Part 39 received, and any final disposition in 111.12. Any person who is subpoenaed may person at the Docket Management submit a motion to the Commission for it to [Docket No. FAA–2006–24036; Directorate Facility between 9 a.m. and 5 p.m., Identifier 2006–NE–04–AD; Amendment 39– be quashed or modified. 11 CFR 111.15. Monday through Friday, except Federal 14947; AD 2007–04–15] Following a ‘‘reason to believe’’ finding, holidays. The Docket Office (telephone the Commission may attempt to reach a RIN 2120–AA64 (800) 647–5227) is located on the plaza conciliation agreement with the level of the Department of respondent(s) prior to reaching the ‘‘probable Airworthiness Directives; Sicma Aero Transportation Nassif Building at the cause’’ stage of enforcement (i.e., a pre- Seat, Passenger Seat Assemblies street address stated in ADDRESSES. probable cause conciliation agreement). See Comments will be available in the AD AGENCY: 11 CFR 111.18(d). If the Commission is Federal Aviation docket shortly after the DMS receives unable to reach a pre-probable cause Administration (FAA), Department of them. conciliation agreement with the respondent, Transportation (DOT). or determines that such a conciliation ACTION: Final rule. Comments agreement would not be appropriate, upon We provided the public the completion of the investigation referenced in SUMMARY: The FAA is adopting a new opportunity to participate in the the preceding paragraph, the Office of airworthiness directive (AD) for certain development of this AD. We have General Counsel prepares a brief setting forth Sicma Aero Seat, passenger seat considered the comments received. its position on the factual and legal issues of assemblies. This AD requires modifying the matter and containing a recommendation the aft track fittings on these passenger Request To Add Airbus A340 Series on whether or not the Commission should seat assemblies by installing new tab Airplanes find ‘‘probable cause to believe’’ that a locks, and then torquing the aft track violation has occurred or is about to occur. fitting locking bolts. We are issuing this One commenter, Airbus, requests that 11 CFR 111.16(a). AD to prevent detachment of passenger we add the Airbus A340 series airplanes The Office of General Counsel notifies the seat assemblies, especially during to the list of airplanes these seats could respondent(s) of this recommendation and emergency conditions, leading to be installed on. We agree and added the provides a copy of the probable cause brief. occupant injury. A340 series airplanes to the list in 11 CFR 111.16(b). The respondent(s) may file DATES: This AD becomes effective applicability paragraph (c). There are no a written response to the probable cause brief March 23, 2007. The Director of the U.S.-registered A340 series airplanes, so within fifteen days of receiving said brief. 11 Federal Register approved the the costs of compliance do not change CFR 111.16(c). After reviewing this response, incorporation by reference of certain in the AD. the Office of General Counsel shall advise the publications listed in the regulations as Add Reference to An Alternative Commission in writing whether it intends to of March 23, 2007. proceed with the recommendation or to Method of Compliance (AMOC) ADDRESSES: You can get the service withdraw the recommendation from information identified in this AD from Airbus requests that we take into Commission consideration. 11 CFR Sicma Aero Seat, 7 Rue Lucien Coupet, account and add a reference to the 111.16(d). 36100 Issoudun, France, telephone: (33) AMOC of Sicma Aero Seat Service If the Commission determines by an 54 03 39 39; fax: (33) 54 03 15 16. Bulletin No. SB–90–25–009, as allowed affirmative vote of four members that there is You may examine the AD docket on ‘‘probable cause to believe’’ that a respondent by France AD 1994–085 R2. We do not has violated the Act or Commission the Internet at http://dms.dot.gov or in agree. Allowing this AMOC would regulations, the Commission authorizes the Room PL–401 on the plaza level of the require operators to obtain and use Office of General Counsel to notify the Nassif Building, 400 Seventh Street, procedures supplied by the respondent by letter of this determination. 11 SW., Washington, DC. manufacturer. Our AD process already CFR 111.17(a). Upon a Commission finding FOR FURTHER INFORMATION CONTACT: provides a method for operators to of ‘‘probable cause to believe,’’ the Jeffrey Lee, Aerospace Engineer, Boston request an AMOC, if they so desire. We Commission must attempt to reach a Aircraft Certification Office, FAA, did not change the AD. conciliation agreement with the respondent. Engine and Propeller Directorate, FAA, Correction to Annex 1 Reference 11 CFR 111.18(a). If no conciliation 12 New England Executive Park, agreement is finalized within the time period Burlington, MA 01803; telephone (781) We discovered that we inadvertently specified in 11 CFR 111.18(c), the Office of 238–7161; fax (781) 238–7170; e-mail: referenced Sicma Aero Seat Service General Counsel may recommend to the [email protected]. Bulletin Annex 1 as Issue 2, dated Commission that it authorize a civil action SUPPLEMENTARY INFORMATION: The FAA March 31, 1999. We corrected it to for relief in the appropriate court. 11 CFR proposed to amend 14 CFR part 39 with Annex 1, Issue 1, dated March 31, 1999. 111.19(a). Commencement of such civil a proposed AD. The proposed AD action requires an affirmative vote of four Conclusion applies to certain Sicma Aero Seat, members of the Commission. 11 CFR passenger seat assemblies. We We have carefully reviewed the 111.19(b). The Commission may enter into a published the proposed AD in the available data, including the comments conciliation agreement with respondent after Federal Register on March 17, 2006 (71 received, and determined that air safety authorizing a civil action. 11 CFR 111.19(c). FR 13787). That action proposed to and the public interest require adopting [FR Doc. E7–2723 Filed 2–15–07; 8:45 am] require modifying the aft track fittings the AD with the changes described BILLING CODE 6715–01–P on these passenger seat assemblies by previously. We have determined that installing new tab locks, and then these changes will neither increase the torquing the aft track fitting locking economic burden on any operator nor bolts. increase the scope of the AD.

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Costs of Compliance List of Subjects in 14 CFR Part 39 (i) Use the Accomplishment Instructions of Sicma Aero Seat Service Bulletin No. 90–25– We estimate that this AD will affect Air transportation, Aircraft, Aviation 005, Issue 2, dated March 31, 1999, to do 239,209 Sicma Aero Seat, passenger seat safety, Incorporation by reference, these actions. assemblies, installed on 1,016 airplanes Safety. Alternative Methods of Compliance of U.S. registry. We also estimate that it will take about 4 work-hours per Adoption of the Amendment (j) The Manager, Boston Aircraft airplane to perform the actions, and that Certification Office, has the authority to I Accordingly, under the authority approve alternative methods of compliance the average labor rate is $80 per work- delegated to me by the Administrator, for this AD if requested using the procedures hour. Required parts will cost about the Federal Aviation Administration found in 14 CFR 39.19. $235 per airplane. Based on these amends 14 CFR part 39 as follows: figures, we estimate the total cost of the Related Information AD to U.S. operators to be $563,880. PART 39—AIRWORTHINESS (k) Direction Generale de L’Aviation Civile, The manufacturer has indicated they DIRECTIVES AD 1994–085(AB) R2, dated July 13, 1999, also addresses the subject of this AD. might provide the parts at no cost to the (l) Contact Jeffrey Lee, Aerospace Engineer, operators. I 1. The authority citation for part 39 continues to read as follows: Boston Aircraft Certification Office, FAA, Authority for This Rulemaking Engine and Propeller Directorate, FAA, 12 Authority: 49 U.S.C. 106(g), 40113, 44701. New England Executive Park, Burlington, Title 49 of the United States Code MA 01803; telephone (781) 238–7161; fax specifies the FAA’s authority to issue § 39.13 [Amended] (781) 238–7170; e-mail: [email protected] rules on aviation safety. Subtitle I, I 2. The FAA amends § 39.13 by adding for more information about this AD. Section 106, describes the authority of the following new airworthiness Material Incorporated by Reference the FAA Administrator. Subtitle VII, directive: (m) You must use Sicma Aero Seat Service Aviation Programs, describes in more 2007–04–15 Sicma Aero Seat: Amendment Bulletin No. 90–25–005, Issue 2, dated March detail the scope of the Agency’s 39–14947. Docket No. FAA–2006–24036; 31, 1999, and Annex 1, Issue 1, dated March authority. Directorate Identifier 2006–NE–04–AD. 31, 1999, of that service bulletin to perform We are issuing this rulemaking under the actions required by this AD. The Director the authority described in Subtitle VII, Effective Date of the Federal Register approved the Part A, Subpart III, Section 44701, (a) This airworthiness directive (AD) incorporation by reference of this service becomes effective March 23, 2007. information in accordance with 5 U.S.C. ‘‘General requirements.’’ Under that 552(a) and 1 CFR part 51. Contact Sicma section, Congress charges the FAA with Affected ADs Aero Seat, 7 Rue Lucien Coupet, 36100 promoting safe flight of civil aircraft in (b) None. Issoudun, France, telephone: (33) 54 03 39 air commerce by prescribing regulations 39; fax: (33) 54 03 15 16, for a copy of this for practices, methods, and procedures Applicability service information. You may review copies the Administrator finds necessary for (c) This AD applies to Sicma Aero Seat, at the National Archives and Records safety in air commerce. This regulation passenger seat assemblies, part numbers (P/ Administration (NARA). For information on is within the scope of that authority Ns) 42XX series, 50XX series, 63XX series, the availability of this material at NARA, call 65XX series, 71XX series, 78XX series, 83XX 202–741–6030, or go to: http:// because it addresses an unsafe condition www.archives.gov/federal-register/cfr/ibr- that is likely to exist or develop on series, 85XX series, 90XX series, 91XX series, and 92XX series, with aft track fittings, P/N locations.html. products identified in this rulemaking 90–000120–790–0, installed. Refer to Annex Issued in Burlington, Massachusetts, on action. 1, Issue 1, dated March 31, 1999, of Sicma February 8, 2007. Regulatory Findings Aero Seat Service Bulletin No. 90–25–005, Peter A. White, Issue 2, dated March 31, 1999, for the full Acting Manager, Engine and Propeller We have determined that this AD will part numbers. These seat assemblies are Directorate, Aircraft Certification Service. not have federalism implications under installed on, but not limited to, Airbus A300, Executive Order 13132. This AD will A310, A318, A319, A320, A321, A330, and [FR Doc. E7–2506 Filed 2–15–07; 8:45 am] not have a substantial direct effect on A340 series airplanes. BILLING CODE 4910–13–P the States, on the relationship between Unsafe Condition the national government and the States, (d) This AD results from reports of loose DEPARTMENT OF TRANSPORTATION or on the distribution of power and and unlocked aft track fittings on Sicma Aero responsibilities among the various Seat, passenger seat assemblies. We are Federal Aviation Administration levels of government. issuing this AD to prevent detachment of For the reasons discussed above, I passenger seat assemblies, especially during 14 CFR Part 39 certify that this AD: emergency conditions, leading to occupant (1) Is not a ‘‘significant regulatory injury. [Docket No. FAA–2006–25926; Directorate action’’ under Executive Order 12866; Identifier 2000–CE–17–AD; Amendment 39– Compliance 14946; AD 2003–17–05R1] (2) Is not a ‘‘significant rule’’ under (e) You are responsible for having the RIN 2120–AA64 DOT Regulatory Policies and Procedures actions required by this AD performed within (44 FR 11034, February 26, 1979); and 600 flight hours after the effective date of this (3) Will not have a significant AD, unless the actions have already been Airworthiness Directives; Short economic impact, positive or negative, done. Brothers & Harland Ltd. Models SC–7 Series 2 and SC–7 Series 3 Airplanes on a substantial number of small entities Aft Track Fitting Modification under the criteria of the Regulatory AGENCY: Federal Aviation Flexibility Act. (f) Modify aft track fittings, P/N 90– 000120–790–0, by installing new tab locks, Administration (FAA), Department of We prepared a summary of the costs P/N 00–4399, under the locking bolts. Transportation (DOT). to comply with this AD and placed it in (g) Torque locking bolts to 17.4-to-34.7 ACTION: Final rule. the AD Docket. You may get a copy of inch pounds. this summary at the address listed (h) Stamp amendment ‘‘Z’’ on the seat SUMMARY: We are adopting a new under ADDRESSES. assembly identification plate. airworthiness directive (AD) to revise

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AD 2003–17–05, which applies to Short FOR FURTHER INFORMATION CONTACT: Comment Issue No. 2: Life Limits of the Brothers & Harland (Shorts) Models SC– Doug Rudolph, Aerospace Engineer, Model SC–7 Series 3 Airplane, Serial 7 Series 2 and SC–7 Series 3 airplanes. FAA, Small Airplane Directorate, 901 Number (S/N) SH1845 AD 2003–17–05 currently establishes a Locust, Room 301, Kansas City, Shorts provides comments that it technical service life for these airplanes Missouri 64106; telephone: (816) 329– would be prudent to include the and allows you to incorporate 4059; facsimile: (816) 329–4090. increase of the life limits of the Model modifications, inspections, and SUPPLEMENTARY INFORMATION: SC–7 Series 3 airplane, S/N SH1845, replacements of certain life limited that result from an approved alternative items to extend the life limits of these Discussion method of compliance (AMOC). airplanes. Since we issued AD 2003–17– The increase of the life limits for the 05, Shorts Service Bulletin SB 51–51 On November 20, 2006, we issued a Model SC–7 Series 3 airplane, S/N was revised to Revision 8, dated July 5, proposal to amend part 39 of the Federal SH1845, was approved as part of an 2006, and the European Aviation Safety Aviation Regulations (14 CFR part 39) to AMOC. The life limit originally Agency (EASA), which is the Technical include an AD that would apply to all published in the AD remains valid. It is Agent for the Member States of the Shorts Models SC–7 Series 2 and SC–7 the AMOC that extends it. Any FAA- European Community, issued an AD for Series 3 airplanes. This proposal was approved AMOC will include actions the European Community to correct an published in the Federal Register as a necessary to address the unsafe unsafe condition for the specified notice of proposed rulemaking (NPRM) condition in an acceptable manner to product. AD 2003–17–05 contains on November 28, 2006 (71 FR 68766). deviate from the AD. The AD remains in conflicting information on the repetitive The NPRM proposed to revise AD 2003– effect if the AMOC is not complied visual inspection requirement. 17–05 to retain the technical service life with. For this reason, it would not be Consequently, this AD would retain the for these airplanes; continue to allow appropriate to change the AD to technical service life for these airplanes; modifications, inspections, and incorporate an AMOC. This AD would continue to allow modifications, replacements of certain life limited maintains the effectivity of all AMOCs. inspections, and replacements of certain items to extend the life limits of these We are not changing the final rule AD life limited items to extend the life airplanes; and clarify the repetitive action as a result of this comment. limits of these airplanes; and would visual inspection requirement between clarify the repetitive visual inspection Conclusion one of the service bulletins and the requirement between one of the service maintenance program if an operator We have carefully reviewed the bulletins and the maintenance program chooses to extend the life limit. available data and determined that air if an operator chooses to extend the life safety and the public interest require limit. The actions specified by this AD Comments adopting the AD as proposed except for are intended to clarify the inspection minor editorial corrections. We have We provided the public the information to prevent failure of critical determined that these minor structure of the aircraft caused by opportunity to participate in developing corrections: fatigue. this AD. The following presents the • Are consistent with the intent that comments received on the proposal and DATES: was proposed in the NPRM for This AD becomes effective on FAA’s response to each comment: March 23, 2007. correcting the unsafe condition; and • The Director of the Federal Register Comment Issue No. 1: Proposed Do not add any additional burden approved the incorporation by reference Revision or Supersedure of EASA AD upon the public than was already of Shorts Service Bulletin Number 51– 2006–0190 proposed in the NPRM. 51, Revision No: 8, dated July 5, 2006; Costs of Compliance listed in this AD as of March 23, 2007. Shorts provides comments pertaining We estimate that this AD would affect The Director of the Federal Register to their proposal to EASA to revise or supersede EASA AD 2006–0190. Shorts 22 airplanes in the U.S. registry. approved the incorporation by reference Since the action of the AD is life- of Shorts Service Bulletin No. 51–51, recommends that the FAA consider postponing any revision to AD 2003– limiting the structural airframe, the Revision No.: 6, dated: March 14, 1983; actual operating cost of this AD is the and Shorts Service Bulletin No. 51–52, 17–05 until EASA revises or supersedes EASA AD 2006–0190. cost of the airplane minus any non-life- Revision No.: 4, dated: July 16, 2002, limited parts that are salvageable and listed in this AD as of September 29, For clarification reasons, this is a can be sold. There is no cost impact 2003 (68 FR 50689, August 22, 2003). revision to AD 2003–17–05. However, difference in this AD than that ADDRESSES: For service information EASA superseded EASA AD 2006–0190 originally presented in AD 2003–17–05, identified in this AD, contact Short with EASA AD 2007–0013, dated: except for the recalculation of the labor Brothers PLC, P.O. Box 241, Airport January 11, 2007, which was after the costs using the revised figure of $80 per Road, Belfast BT3 9DZ Northern Ireland; closing of the comment period of this hour instead of $65 per hour. telephone: 011 44 (0) 28 9045 8444; NPRM. The FAA has evaluated the new The following paragraphs present the facsimile: 011 44 (0) 28 9073 3396. EASA AD and has determined that this costs if you choose to incorporate the To view the AD docket, go to the revised FAA AD incorporates the intent inspections and modifications necessary Docket Management Facility; U.S. of the EASA AD without any changes to extend the life limit. Department of Transportation, 400 needed. Please note that the EASA AD We estimate the following costs to do Seventh Street, SW., Nassif Building, does not address the six airplanes that the optional aircraft life extension on 16 Room PL–401, Washington, DC 20590– are covered by Shorts Service Bulletin airplanes (all airplanes that do not have 001 or on the Internet at http:// No. 51–52, Revision No.: 4, dated: July serial number SH1889, SH1943, dms.dot.gov. The docket number is 16, 2002 as this AD does. We are not SH1960, SH1845, SH1847, or SH1883) FAA–2006–25926; Directorate Identifier changing the final rule AD action as a as prescribed in Shorts Service Bulletin 2000–CE–17–AD. result of this comment. No. 51–51:

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Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

350 work-hours × $80 per hour = $28,000 ...... $90,000 $118,000 $1,888,000

We estimate the following to do the Shorts Service Bulletin No. 51–52 for serial numbers SH1889, SH1943, and aircraft life extension prescribed in (which includes Service Bulletin 51–51) SH1960:

Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

470 work-hours × $80 per hour = $37,600 ...... $112,000 $149,600 $448,800

We estimate the following to do the serial numbers SH1845, SH1847, and aircraft life extension prescribed in SH1883: Shorts Service Bulletin No. 51–52 for

Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

120 work-hours × $80 per hour = $9,600 ...... $22,000 $31,600 $94,800

Authority for This Rulemaking 2. Is not a ‘‘significant rule’’ under the 2003–17–05, Amendment 39–13279 (68 DOT Regulatory Policies and Procedures FR 50689, August 22, 2003), and adding Title 49 of the United States Code (44 FR 11034, February 26, 1979); and the following new AD: specifies the FAA’s authority to issue 3. Will not have a significant rules on aviation safety. Subtitle I, economic impact, positive or negative, 2003–17–05R1 Short Brothers & Harland Section 106 describes the authority of on a substantial number of small entities Ltd.: Amendment 39–14946; Docket No. the FAA Administrator. Subtitle VII, under the criteria of the Regulatory FAA–2006–25926; Directorate Identifier Aviation Programs, describes in more Flexibility Act. 2000–CE–17–AD. detail the scope of the agency’s We prepared a summary of the costs Effective Date authority. to comply with this AD (and other (a) This AD becomes effective on March 23, We are issuing this rulemaking under information as included in the 2007. the authority described in Subtitle VII, Regulatory Evaluation) and placed it in Part A, Subpart III, Section 44701, the AD Docket. You may get a copy of Affected ADs ‘‘General requirements.’’ Under that this summary by sending a request to us (b) This AD revises AD 2003–17–05, section, Congress charges the FAA with at the address listed under ADDRESSES. Amendment 39–13279. Include ‘‘Docket No. FAA–2006–25926; promoting safe flight of civil aircraft in Applicability air commerce by prescribing regulations Directorate Identifier 2000-CE–17-AD’’ for practices, methods, and procedures in your request. (c) This AD applies to Models SC–7 Series 2 and SC–7 Series 3 airplanes, all serial the Administrator finds necessary for List of Subjects in 14 CFR Part 39 safety in air commerce. This regulation numbers, that are certificated in any category. Air transportation, Aircraft, Aviation is within the scope of that authority safety, Incorporation by reference, Unsafe Condition because it addresses an unsafe condition Safety. (d) This revised AD results from conflicting that is likely to exist or develop on information of the repetitive inspection products identified in this AD. Adoption of the Amendment requirement between one of the service Regulatory Findings I Accordingly, under the authority bulletins and the maintenance program if an delegated to me by the Administrator, operator chooses to extend the life limit. We We have determined that this AD will the Federal Aviation Administration are issuing this AD to clarify the inspection not have federalism implications under amends part 39 of the Federal Aviation information to prevent failure of critical Executive Order 13132. This AD will Regulations (14 CFR part 39) as follows: structure of the aircraft caused by fatigue. not have a substantial direct effect on Compliance the States, on the relationship between PART 39—AIRWORTHINESS the national government and the States, DIRECTIVES (e) Do not operate the airplane upon or on the distribution of power and accumulating the applicable life limit or I 1. The authority citation for part 39 responsibilities among the various within the next 90 days after September 29, continues to read as follows: levels of government. 2003 (the effective date of AD 2003–17–05), Authority: 49 U.S.C. 106(g), 40113, 44701. whichever occurs later. For owners/operators For the reasons discussed above, I that do not have a record of the number of certify that this AD: § 39.13 [Amended] flights on the aircraft, assume the number of 1. Is not a ‘‘significant regulatory I 2. The FAA amends § 39.13 by flights on the basis of two per operating hour. action’’ under Executive Order 12866; removing Airworthiness Directive (AD) The following table presents the life limits:

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TABLE 1.—ORIGINAL LIFE LIMITS

Serial No. Life limit

(1) SH1845 and SH1883 ...... 10,000 hours time-in-service (TIS). (2) SH1847 ...... 15,200 hours TIS. (3) SH1889 ...... 13,805 flights. (4) SH1943 ...... 11,306 flights. (5) SH1960 ...... 4,142 flights. (6) All airplanes that do not have serial number SH1845, SH1883, SH1847, 20,000 flights. SH1889, SH1943, or SH1960.

(f) For airplanes with serial numbers TABLE 3.—EXTENDED LIFE LIMITS (k) AMOCs approved for AD 2003–17–05 SH1845, SH1847, or SH1883: You can extend AFTER INCORPORATION OF RE- are approved for this AD. the life limits by doing the actions of Shorts QUIRED INSPECTIONS AND MODIFICA- Material Incorporated by Reference Service Bulletin No. 51–52, Revision No.: 4, TIONS dated: July 16, 2002 (and all service (l) You must use Shorts Service Bulletin information or modifications referenced in Number 51–52, Revision No: 4, dated July 16, Serial No. Extended life limit the Planning Information section of the 2002; or Shorts Service Bulletin Number 51– service bulletin), and Shorts Skyvan (1) SH1889 ...... 20,094 flights. 51, Revision No: 6, dated March 14, 1983; or Maintenance Program, Amendment List No. (2) SH1943 ...... 17,325 flights. Shorts Service Bulletin Number 51–51, 22, dated May 7, 2003, or Amendment List (3) SH1960 ...... 8,449 flights. Revision No: 8, dated July 5, 2006, to do the No. 23, dated December 14, 2004, or actions required by this AD, unless the AD Amendment List No. 24, dated November 2, (h) For airplanes that do not have serial specifies otherwise. 2006. You may use any future amendment to numbers SH1845, SH1847, SH1883, SH1889, (1) The Director of the Federal Register this maintenance program if it does not SH1943, or SH1960: You can extend the life approved the incorporation by reference of limit to 27,000 flights by doing the actions of change the inspection intervals, Shorts Service Bulletin Number 51–51, Shorts Service Bulletin No. 51–51, Revision Revision No: 8, dated July 5, 2006, under 5 requirements, or the life limits of this AD or No.: 6, dated: March 14, 1983; or Shorts U.S.C. 552(a) and 1 CFR part 51. the previous amendments. The following Service Bulletin No. 51–51, Revision No.: 8, table presents the extended life limit: dated: July 5, 2006; and Shorts Skyvan (2) The Director of the Federal Register Maintenance Program, Amendment List No. previously approved the incorporation by TABLE 2.—EXTENDED LIFE LIMITS 22, dated May 7, 2003; or Amendment List reference of Shorts Service Bulletin No. 51– AFTER INCORPORATION OF RE- No. 23, dated December 14, 2004 or 51, Revision No.: 6, dated: March 14, 1983; Amendment List No. 24, dated November 2, and Shorts Service Bulletin No. 51–52, QUIRED INSPECTIONS AND MODIFICA- 2006. You may use any future amendment to Revision No.: 4, dated: July 16, 2002, on TIONS this maintenance program if it does not September 29, 2003 (68 FR 50689, August 22, change the inspection intervals, 2003). requirements, or the life limits of this AD or (1) SH1845 ...... 13,456 hours TIS. (3) For service information identified in the previous amendments. You cannot use (2) SH1847 ...... 20,200 hours TIS. this AD, contact Short Brothers PLC, P.O. (3) SH1883 ...... 15,000 hours TIS. Shorts Service Bulletin No. 51–51, Revision No.: 7, dated: January 2005. Box 241, Airport Road, Belfast BT3 9DZ (i) The repetitive visual inspection Northern Ireland; telephone: 011 44 (0) 28 (g) For airplanes with serial numbers requirements using Shorts Service Bulletin 9045 8444; facsimile: 011 44 (0) 28 9073 SH1889, SH1943, or SH1960: You can extend No. 57–59, which is referenced on page 3 of 3396. the life limits by doing the actions of Shorts Shorts Service Bulletin No. 51–51, Revision (4) You may review copies at the FAA, Service Bulletin No. 51–52, Revision No.: 4, No.: 6, dated: March 14, 1983, paragraph C FAA, Central Region, Office of the Regional dated: July 16, 2002 (and all service (Special limitations) are every 2,400 flights; Counsel, 901 Locust, Kansas City, Missouri and the repetitive visual inspection program information or modifications referenced in 64106; or at the National Archives and the Planning Information section of the in Skyvan Maintenance Program, Maintenance Program Appendix 1, parts A Records Administration (NARA). For service bulletin including Shorts Service and B (Section 57–00, Item 3) are every 1,100 information on the availability of this Bulletin No. 51–51, Revision No.: 6, dated: flights or 800 hours TIS intervals, whichever material at NARA, call 202–741–6030, or go March 14, 1983; or Shorts Service Bulletin occurs first. You must use the repetitive to: http://www.archives.gov/federal_register/ No. 51–51, Revision No.: 8, dated: July 5, inspection intervals of the Skyvan code_of_federal_regulations/ 2006. You cannot use Shorts Service Bulletin Maintenance Program for the repetitive ibr_locations.html. No. 51–51, Revision No.: 7, dated: January inspection of the wing structure, skin, and 2005.), and Shorts Skyvan Maintenance skin doublers to be every 1,100 flights or 800 Issued in Kansas City, Missouri, on Program, Amendment List No. 22, dated May hours TIS, whichever occurs first and not the February 8, 2007. 7, 2003, or Amendment List No. 23, dated 2,400 flights as stated in Shorts Service Kim Smith, December 14, 2004, or Amendment List No. Bulletin No. 51–51, Revision No.: 6, dated: Manager, Small Airplane Directorate, Aircraft March 14, 1983. 24, dated November 2, 2006. You may use Certification Service. any future amendment to this maintenance Alternative Methods of Compliance [FR Doc. E7–2505 Filed 2–15–07; 8:45 am] (AMOCs) program if it does not change the inspection BILLING CODE 4910–13–P intervals, requirements, or the life limits of (j) The Manager, Standards Office, Small this AD or the previous amendments. The Airplane Directorate, FAA, ATTN: Doug following table presents the extended life Rudolph, Aerospace Engineer, FAA, Small limit: Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4059; facsimile: (816) 329–4090, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19.

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DEPARTMENT OF TRANSPORTATION Discussion have made a final determination, we On September 20, 2006, we issued a will consider whether our current Federal Aviation Administration proposal to amend part 39 of the Federal practice needs to be revised. Aviation Regulations (14 CFR part 39) to We have determined that to delay this 14 CFR Part 39 include an AD that would apply to AD action would be inappropriate since [Docket No. FAA–2006–25637; Directorate certain EADS SOCATA Model TBM 700 an unsafe condition exists. Therefore, Identifier 2006–CE–43–AD; Amendment 39– airplanes. This proposal was published we have made no change to the AD in 14939; AD 2007–04–08] in the Federal Register as a notice of this regard. RIN 2120–AA64 proposed rulemaking (NPRM) on Comment Issue No 3: Parts September 27, 2006 (71 FR 56414). The Manufacturer Approval (PMA) Airworthiness Directives; EADS NPRM proposed to require you to SOCATA Model TBM 700 Airplanes inspect the pilot door locking stop Mr. Buster also requests that the issue fittings for correct length and, if any of parts manufacturer approval (PMA) AGENCY: Federal Aviation incorrect length pilot door locking stop be addressed in the proposed action and Administration (FAA), DOT. fittings are found, replace them. that all Directorates within the FAA ACTION: Final rule. Comments treat the issue the same per Section 1, paragraph (b)(10) of Executive Order SUMMARY: The FAA adopts a new We provided the public the 12866. airworthiness directive (AD) for certain opportunity to participate in developing Mr. Buster’s comments are timely in EADS SOCATA airplanes. This AD this AD. The following presents the that the FAA is currently reviewing this requires you to inspect the pilot door comments received on the proposal and issue as it applies to all products: locking stop-fittings for correct length FAA’s response to each comment: and, if any incorrect length pilot door transport airplanes, commuter airplanes, locking stop-fittings are found, replace Comment Issue No 1: Applicability general aviation airplanes, engines and them. This AD results from mandatory EADS SOCATA comments that EADS propellers, rotorcraft, and appliances. continuing airworthiness information SOCATA Service Bulletin SB 70–131, The FAA acknowledges that there are (MCAI) issued by the airworthiness ATA No. 53, dated July 2005, only different ways of addressing this issue authority for France. We are issuing this applies to TBM 700 aircraft that are to ensure that unsafe PMA parts are AD to detect and replace incorrect equipped with a pilot door. As such, identified and addressed. Once we have length pilot door locking stop-fittings. this AD should only apply to TBM 700 thoroughly examined all aspects of this This condition, if not corrected, could aircraft that are equipped with a pilot issue, including input from industry, result in depressurization of the door. and have made a final determination, airplane. We agree and have changed the we will consider developing a standardized approach and DATES: This AD becomes effective on applicability statement so that it applies to Model TBM 700 airplanes, serial standardized language on how to March 23, 2007. address PMA parts in airworthiness As of March 23, 2007, the Director of numbers 126 through 322, equipped directives. the Federal Register approved the with a pilot door, that are certificated in incorporation by reference of certain any category. We have determined that to delay this AD action would be inappropriate since publications listed in the regulation. Comment Issue No 2: Material an unsafe condition exists and that ADDRESSES: To get the service Incorporated by Reference replacement of certain parts must be information identified in this AD, Jack Buster of the Modification and done to ensure continued safety. contact EADS SOCATA, Direction des Replacement Parts Association Therefore, we have made no change to Services, 65921 Tarbes Cedex 9, France; (MARPA) requests that service the AD in this regard. telephone: 33 (0)5 62 41 73 00; fax: 33 documents deemed essential to the (0)5 62 41 76 54; or SOCATA accomplishment of this proposed action Conclusion AIRCRAFT, INC., North Perry Airport, be incorporated by reference and We have carefully reviewed the 7501 South Airport Rd., Pembroke published in the Docket Management Pines, FL 33023; telephone: (954) 893– available data and determined that air System (DMS). safety and the public interest require 1400; fax: (954) 964–4141. We agree that the service documents To view the AD docket, go to the adopting the AD as proposed except for are essential and should be incorporated minor editorial corrections. We have Docket Management Facility; U.S. by reference. However, we do not Department of Transportation, 400 determined that these minor incorporate by reference any document corrections: Seventh Street, SW., Nassif Building, in a proposed AD action; instead we • Are consistent with the intent that Room PL–401, Washington, DC 20590– incorporate by reference the document was proposed in the NPRM for 001 or on the Internet at http:// in the final rule. Since we are issuing dms.dot.gov. The docket number is correcting the unsafe condition; and the proposal as a final rule AD action, • FAA–2006–25637; Directorate Identifier the service information referenced in Do not add any additional burden 2006–CE–43–AD. this action will be incorporated by upon the public than was already FOR FURTHER INFORMATION CONTACT: reference. proposed in the NPRM. Albert Mercado, Aerospace Engineer, We are currently reviewing issues Costs of Compliance FAA, Small Airplane Directorate, 901 surrounding the posting of service Locust, Room 301, Kansas City, bulletins in the Department of We estimate that this AD affects 157 Missouri 64106; telephone: (816) 329– Transportation’s DMS as part of the AD airplanes in the U.S. registry. 4119; fax: (816) 329–4090. docket. Once we have thoroughly We estimate the following costs to SUPPLEMENTARY INFORMATION: examined all aspects of this issue and accomplish the inspection and repair:

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Total cost per Total cost on Labor cost Parts cost airplane U.S. operators

4.5 work-hours × $80 per hour = $360 ...... $15 $375 $58,875

Authority for This Rulemaking 1. Is not a ‘‘significant regulatory PART 39—AIRWORTHINESS Title 49 of the United States Code action’’ under Executive Order 12866; DIRECTIVES specifies the FAA’s authority to issue 2. Is not a ‘‘significant rule’’ under the I 1. The authority citation for part 39 rules on aviation safety. Subtitle I, DOT Regulatory Policies and Procedures continues to read as follows: Section 106 describes the authority of (44 FR 11034, February 26, 1979); and Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII, 3. Will not have a significant Aviation Programs, describes in more economic impact, positive or negative, § 39.13 [Amended] detail the scope of the agency’s on a substantial number of small entities I authority. 2. FAA amends § 39.13 by adding a We are issuing this rulemaking under under the criteria of the Regulatory new AD to read as follows: Flexibility Act. the authority described in Subtitle VII, 2007–04–08 EADS SOCATA: Amendment Part A, Subpart III, Section 44701, We prepared a summary of the costs 39–14939; Docket No. FAA–2006–25637; ‘‘General requirements.’’ Under that to comply with this AD (and other Directorate Identifier 2006–CE–43–AD. section, Congress charges the FAA with information as included in the Effective Date promoting safe flight of civil aircraft in Regulatory Evaluation) and placed it in (a) This AD becomes effective on March 23, air commerce by prescribing regulations the AD Docket. You may get a copy of 2007. for practices, methods, and procedures this summary by sending a request to us Affected ADs the Administrator finds necessary for at the address listed under ADDRESSES. safety in air commerce. This regulation Include ‘‘Docket No. FAA–2006–25637; (b) None. is within the scope of that authority Directorate Identifier 2006–CE–43–AD’’ Applicability because it addresses an unsafe condition in your request. that is likely to exist or develop on (c) This AD applies to Model TBM 700 List of Subjects in 14 CFR Part 39 airplanes, serial numbers 126 through 322, products identified in this AD. equipped with a pilot door, that are Regulatory Findings Air transportation, Aircraft, Aviation certificated in any category. We have determined that this AD will safety, Incorporation by reference, Unsafe Condition not have federalism implications under Safety. (d) This AD results from a pilot door adjustment procedure not being done Executive Order 13132. This AD will Adoption of the Amendment not have a substantial direct effect on properly. We are issuing this AD to detect and correct incorrect length pilot door the States, on the relationship between I Accordingly, under the authority locking stop-fittings. This condition, if not the national government and the States, delegated to me by the Administrator, or on the distribution of power and corrected, could result in depressurization of the Federal Aviation Administration the airplane. responsibilities among the various amends part 39 of the Federal Aviation levels of government. Compliance Regulations (14 CFR part 39) as follows: For the reasons discussed above, I (e) To address this problem, you must do certify that this AD: the following:

Actions Compliance Procedures

(1) Inspect the pilot door locking stop-fittings for Within 30 days after March 23, 2007 (the ef- Follow EADS SOCATA Service Bulletin SB correct length. fective date of this AD), unless already 70–131, ATA No. 53, dated July 2005. done. (2) If any incorrect length pilot door locking Before further flight after the inspection re- Follow EADS SOCATA Service Bulletin SB stop-fittings are found, replace them. quired by paragraph (e)(1) of this AD. 70–131, ATA No. 53, dated July 2005.

(f) If you have ordered parts and they are Regulations (14 CFR 43.7) may install the 2005 to do the actions required by this AD, not available, then you may fly placard as required in paragraph (f) of this unless the AD specifies otherwise. unpressurized until parts become available or AD. (1) The Director of the Federal Register for a period not to exceed 90 days after the Alternative Methods of Compliance approved the incorporation by reference of inspection required in paragraph (e)(1) of this (AMOCs) this service information under 5 U.S.C. AD, whichever occurs first. You must also 552(a) and 1 CFR part 51. fabricate and install a placard as described (g) The Manager, Standards Office, Small (2) For service information identified in Airplane Directorate, FAA, ATTN: Albert below. Completing the action of paragraph this AD, contact EADS SOCATA, Direction Mercado, Aerospace Engineer, FAA, Small (e)(2) of this AD terminates the placard des Services, 65921 Tarbes Cedex 9, France; Airplane Directorate, 901 Locust, Room 301, requirement. Kansas City, Missouri 64106; telephone: telephone: 33 (0)5 62 41 73 00; fax: 33 (0)5 (1) Fabricate (using letters at least 1/8 inch (816) 329–4119; fax: (816) 329–4090, has the 62 41 76 54; or SOCATA AIRCRAFT, INC., in height) a warning placard which states authority to approve AMOCs for this AD, if North Perry Airport, 7501 South Airport Rd., ‘‘This airplane is prohibited from pressurized requested using the procedures found in 14 Pembroke Pines, FL 33023; telephone: (954) flight.’’ CFR 39.19. 893–1400; fax: (954) 964–4141. (2) Install the placard in full view of the (3) You may review copies at the FAA, pilot. The owner/operator holding at least a Material Incorporated by Reference Central Region, Office of the Regional private pilot certificate as authorized by (h) You must use EADS SOCATA Service Counsel, 901 Locust, Kansas City, Missouri section 43.7 of the Federal Aviation Bulletin SB 70–131, ATA No. 53, dated July 64106; or at the National Archives and

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Records Administration (NARA). For The Director of the Federal Register development of this AD. We have information on the availability of this approved the incorporation by reference considered the comments received. material at NARA, call 202–741–6030, or go of certain publications listed in the AD _ Request To Revise Consequence of to: http://www.archives.gov/federal register/ as of March 23, 2007. code_of_federal_regulations/ Unsafe Condition ibr_locations.html. ADDRESSES: You may examine the AD docket on the Internet at http:// EMBRAER requests that we revise the Issued in Kansas City, Missouri, on dms.dot.gov or in person at the Docket possible consequence of the unsafe February 6, 2007. Management Facility, U.S. Department condition. EMBRAER states that it has Kim Smith, of Transportation, 400 Seventh Street, confirmed that the unsafe condition is Manager, Small Airplane Directorate, Aircraft SW., Nassif Building, Room PL–401, the result of overheating of the power Certification Service. Washington, DC. cables of the windshield temperature [FR Doc. E7–2507 Filed 2–15–07; 8:45 am] Contact Empresa Brasileira de controller due to loosening of the power BILLING CODE 4910–13–P Aeronautica S.A. (EMBRAER), P.O. Box cable attachment hardware, and that 343—CEP 12.225, Sao Jose dos tests have shown that this condition Campos—SP, Brazil, for service may cause smoke on the flight deck, but DEPARTMENT OF TRANSPORTATION information identified in this AD. not fire. EMBRAER therefore requests FOR FURTHER INFORMATION CONTACT: Dan that we revise the statement ‘‘which Federal Aviation Administration Rodina, Aerospace Engineer, could result in smoke and fire on the International Branch, ANM–116, FAA, flight deck’’ to read ‘‘which could result 14 CFR Part 39 Transport Airplane Directorate, 1601 in smoke on the flight deck.’’ We agree for the reasons stated and [Docket No. FAA–2006–25892; Directorate Lind Avenue, SW., Renton, Washington Identifier 2006–NM–120–AD; Amendment 98057–3356; telephone (425) 227–2125; have revised the summary and 39–14941; AD 2007–04–09] fax (425) 227–1149. paragraph (d) of the AD accordingly. SUPPLEMENTARY INFORMATION: Request To Permit Records Check RIN 2120–AA64 Examining the Docket EMBRAER requests that we revise the Airworthiness Directives; Empresa You may examine the airworthiness NPRM to permit a maintenance records Brasileira de Aeronautica S.A. directive (AD) docket on the Internet at check to determine if the subject (EMBRAER) Model EMB–135BJ, http://dms.dot.gov or in person at the windshield temperature controller is –135ER, –135KE, –135KL, and –135LR Docket Management Facility office installed on the airplane. EMBRAER Airplanes; and Model EMB–145, between 9 a.m. and 5 p.m., Monday states that it should be acceptable to –145ER, –145MR, –145LR, –145XR, through Friday, except Federal holidays. show that the subject controller is or is –145MP, and –145EP Airplanes The Docket Management Facility office not installed on the airplane by examining the airplane maintenance AGENCY: Federal Aviation (telephone (800) 647–5227) is located on the plaza level of the Nassif Building at records rather than by requiring a Administration (FAA), Department of physical inspection of the actual Transportation (DOT). the street address stated in the ADDRESSES section. installed part. ACTION: Final rule. We agree for the reasons given. Discussion Therefore, we have revised paragraph (f) SUMMARY: The FAA is adopting a new of the AD to permit a maintenance airworthiness directive (AD) for all The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR records check in lieu of the required EMBRAER airplanes as described inspection, provided the part number of previously. This AD requires inspecting part 39 to include an AD that would apply to all EMBRAER Model EMB– the subject controller can be to determine the part number of the left- conclusively determined from that and right-hand windshield temperature 135BJ, –135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB–145, review. controllers. For airplanes equipped with –145ER, –145MR, –145LR, –145XR, certain windshield temperature Request for Publication of Service –145MP, and –145EP airplanes. That controllers, this AD also requires Information NPRM was published in the Federal replacing the attaching hardware of the Register on September 26, 2006 (71 FR One commenter, the Modification and power cable terminals of the windshield 56056). That NPRM proposed to require Replacement Parts Association temperature controllers with new, inspecting to determine the part number (MARPA), requests that we revise our improved attaching hardware; of the left- and right-hand windshield procedures for incorporation by inspecting the power cable terminals for temperature controllers. For airplanes reference (IBR) of service information in signs of melting or damage to the equipped with certain windshield ADs. MARPA asserts that ADs are terminals, cable insulation, or plastic temperature controllers, that NPRM also frequently derived from privately- crimping ring; and performing proposed to require replacing the authored, copyright-protected corrective actions if necessary. This AD attaching hardware of the power cable manufacturer service documents, but results from reports of smoke on the terminals of the windshield temperature that when such a document is flight deck caused by damage from poor controllers with new, improved incorporated by reference into a public electrical contact due to loosening of the attaching hardware; inspecting the document like an AD, it loses its attaching hardware of the power cables power cable terminals for signs of private, protected status and becomes of certain windshield temperature melting or damage to the terminals, itself a public document. MARPA controllers. We are issuing this AD to cable insulation, or plastic crimping continues that public laws by definition prevent overheating of the power cable ring; and performing corrective actions must be public and cannot rely for terminals of the windshield temperature if necessary. compliance upon private writings, and controllers, which could result in smoke that unless such writings are on the flight deck. Comments incorporated by reference, a court of law DATES: This AD becomes effective We provided the public the will not consider them in interpreting March 23, 2007. opportunity to participate in the the AD and might invalidate the AD.

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MARPA contends that IBR service MARPA states: ‘‘Type certificate holders Conclusion documents should be published in the in their service documents universally We have carefully reviewed the Docket Management System (DMS), ignore the possible existence of PMA available data, including the comments keyed to the action that incorporates parts. This is especially true with received, and determined that air safety them. IBR was adopted to relieve the foreign manufacturers where the and the public interest require adopting Federal Register from publishing concept may not exist or be the AD with the changes described documents already held by affected implemented in the country of origin. In previously. We have determined that individuals, which traditionally meant the instant case we are aware of a these changes will neither increase the aircraft owners and operators who Rosemount Aerospace temperature economic burden on any operator nor received service information from controller that carries the part number increase the scope of the AD. manufacturers. However, MARPA (P/N) of 3801D2 approved for contends that a new affected class of replacement of Embraer P/N: 145– Costs of Compliance maintenance and repair organizations 38558–505 (Rosemount PMA This AD affects about 689 airplanes of (MRO), component service and repair supplement number 191, dated U.S. registry. The required actions take shops, parts purveyors and distributors, September 5, 2002). We do not have about 1 work hour per airplane, at an and organizations that manufacture or sufficient knowledge to determine average labor rate of $80 per work hour. service alternatively certified parts whether the Rosemount part suffers Required parts will be supplied from under 14 CFR 21.303 (PMA) now from the same deficiencies as the operator stock. Based on these figures, perform a majority of aircraft Goodyear part. We are concerned that it the estimated cost of the AD for U.S. maintenance. MARPA continues that may and because the proposed action operators is $55,120, or $80 per service information distributed to restricts applicability to the Goodyear airplane. owners and operators who are financing part the possibly defective Rosemount or leasing institutions may not reach parts may continue in operation. We Authority for This Rulemaking this class, who may actually be believe, at the very least, the Rosemount Title 49 of the United States Code responsible for accomplishing ADs. part should be addressed in the action specifies the FAA’s authority to issue MARPA therefore requests that service to advise whether the regulatory action rules on aviation safety. Subtitle I, documents deemed essential to is intended to apply or not apply to this Section 106, describes the authority of accomplishing this proposed action be particular part.’’ the FAA Administrator. Subtitle VII, (1) incorporated by reference into the We do not agree. EMBRAER P/N 145– Aviation Programs, describes in more regulatory instrument, and (2) published 38558–505 is not a replaceable part; it detail the scope of the Agency’s in the DMS. is a drawing used by EMBRAER to authority. We understand MARPA’s comment install the Goodrich (Rosemount) We are issuing this rulemaking under concerning IBR. The Office of the controller, P/N 3801D2, during the authority described in Subtitle VII, Federal Register (OFR) requires that production. As the NPRM does not Part A, Subpart III, Section 44701, documents that are necessary to address deficiencies in the subject ‘‘General requirements.’’ Under that accomplish the requirements of the AD controller, but only the installation of section, Congress charges the FAA with be incorporated by reference during the the controller power cable mounting promoting safe flight of civil aircraft in final rule phase of rulemaking. This hardware, replacing the subject air commerce by prescribing regulations final rule incorporates by reference the controller is not an issue of this AD. for practices, methods, and procedures documents necessary for accomplishing MARPA continues: ‘‘We have, in the the Administrator finds necessary for the requirements mandated by this AD. past, issued several comments on safety in air commerce. This regulation Further, we point out that while proposed actions suggesting the is within the scope of that authority documents that are incorporated by incorporation of language designed to because it addresses an unsafe condition reference do become public information, extend applicability to known or that is likely to exist or develop on they do not lose their copyright unknown alternatively approved (PMA) products identified in this rulemaking protection. For that reason, we advise parts. The Small Airplane Directorate action. the public to contact the manufacturer has adopted, in whole or in part, to obtain copies of the referenced MARPA’s suggestion and we would Regulatory Findings service information. recommend and request that the We have determined that this AD will In regard to MARPA’s request to post Transport Airplane Directorate not have federalism implications under service bulletins on the Department of coordinate with the Small Airplane Executive Order 13132. This AD will Transportation’s DMS, we are currently Directorate to promulgate a uniform not have a substantial direct effect on in the process of reviewing issues policy on this issue pursuant to Section the States, on the relationship between surrounding the posting of service 1, paragraph (b)(10) of Executive Order the national government and the States, bulletins on the DMS as part of an AD 12866.’’ or on the distribution of power and docket. Once we have thoroughly The FAA recognizes the need for responsibilities among the various examined all aspects of this issue and standardization on this issue and is levels of government. have made a final determination, we currently in the process of reviewing it For the reasons discussed above, I will consider whether our current at the national level. However, the certify that this AD: practice needs to be revised. No change Transport Airplane Directorate (1) Is not a ‘‘significant regulatory to the final rule is necessary in response considers that to delay this particular action’’ under Executive Order 12866; to this comment. AD action for resolution of this matter (2) Is not a ‘‘significant rule’’ under would be inappropriate, since we have DOT Regulatory Policies and Procedures Request for Policy Changes and determined that an unsafe condition (44 FR 11034, February 26, 1979); and Clarification exists and that replacement of certain (3) Will not have a significant MARPA also expresses concern about parts must be accomplished to ensure economic impact, positive or negative, several perceived inconsistencies in continued safety. on a substantial number of small entities current FAA policy as regards parts No change has been made to the final under the criteria of the Regulatory manufacturing approval (PMA) parts. rule in regard to these concerns. Flexibility Act.

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We prepared a regulatory evaluation controllers. A review of airplane of this service information. You may review of the estimated costs to comply with maintenance records is acceptable in lieu of copies at the FAA, Transport Airplane this AD and placed it in the AD docket. this inspection if the part number of the Directorate, 1601 Lind Avenue, S.W., Renton, subject controller can be conclusively Washington; or at the National Archives and See the ADDRESSES section for a location determined from that review. If any Records Administration (NARA). For to examine the regulatory evaluation. windshield temperature controller is found information on the availability of this List of Subjects in 14 CFR Part 39 to have a part number other than Goodrich material at NARA, call 202–741–6030, or go P/N 3801D2( ), no further action is required to: http://www.archives.gov/federal-register/ Air transportation, Aircraft, Aviation by this AD for that controller. cfr/ibr-locations.html. safety, Incorporation by reference, Safety. Replacement of Attaching Hardware, Issued in Renton, Washington, on February Further Inspection, and Corrective Actions 6, 2007. Adoption of the Amendment (g) Before further flight after performing the Ali Bahrami, I Accordingly, under the authority inspection required by paragraph (f) of this Manager, Transport Airplane Directorate, AD, for all windshield temperature delegated to me by the Administrator, Aircraft Certification Service. controllers having Goodrich P/N 3801D2( ) or [FR Doc. E7–2510 Filed 2–15–07; 8:45 am] the FAA amends 14 CFR part 39 as any controller for which the part number follows: cannot be conclusively determined: Replace BILLING CODE 4910–13–P the attaching hardware of the power cable PART 39—AIRWORTHINESS terminals of the controllers with new, DIRECTIVES improved attaching hardware having new DEPARTMENT OF TRANSPORTATION part numbers. Concurrently, perform a I 1. The authority citation for part 39 detailed inspection for signs of melting or Federal Aviation Administration continues to read as follows: damage of the plastic crimping ring, cable Authority: 49 U.S.C. 106(g), 40113, 44701. insulation, or terminals of the power cables, 14 CFR Part 39 and, before further flight, perform applicable § 39.13 [Amended] corrective actions. Perform all the actions in [Docket No. FAA–2006–25470; Directorate Identifier 2006–NM–090–AD; Amendment I 2. The Federal Aviation accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 39–14942; AD 2007–04–10] Administration (FAA) amends § 39.13 145–30–0043, Revision 02, dated May 25, RIN 2120–AA64 by adding the following new 2006; or EMBRAER Service Bulletin airworthiness directive (AD): 145LEG–30–0013, dated June 28, 2005; as Airworthiness Directives; Boeing 2007–04–09 Empresa Brasileira De applicable. Model 747–400 Series Airplanes Aeronautica S.A. (Embraer): Credit for Actions Accomplished Using Amendment 39–14941. FAA–2006– Previous Issue of Service Bulletin AGENCY: Federal Aviation 25892; Directorate Identifier 2006–NM– Administration (FAA), Department of 120–AD. (h) Actions accomplished before the effective date of this AD in accordance with Transportation (DOT). Effective Date EMBRAER Service Bulletin 145–30–0043, ACTION: Final rule. (a) This AD becomes effective March 23, dated June 28, 2005; or Revision 01, dated SUMMARY: 2007. April 7, 2006; are considered acceptable for The FAA is superseding an compliance with the applicable existing airworthiness directive (AD), Affected ADs corresponding actions required by this AD. which applies to certain Boeing Model (b) None. Alternative Methods of Compliance 747–400 series airplanes. That AD Applicability (AMOCs) currently requires replacement of the (i)(1) The Manager, International Branch, decompression panels that are located (c) This AD applies to all EMBRAER Model in the smoke barrier between the EMB–135BJ, –135ER, –135KE, –135KL, and ANM–116, Transport Airplane Directorate, –135LR airplanes; and Model EMB–145, FAA, has the authority to approve AMOCs passenger and main deck cargo –145ER, –145MR, –145LR, –145XR, –145MP, for this AD, if requested in accordance with compartment with new panels of an and –145EP airplanes; certificated in any the procedures found in 14 FR 39.19. improved design. This new AD requires category. (2) Before using any AMOC approved in modification of the decompression accordance with § 39.19 on any airplane to Unsafe Condition panels on the smoke barrier in the main which the AMOC applies, notify the deck cargo compartment, or appropriate principal inspector in the FAA (d) This AD results from reports of smoke replacement of the smoke barrier with on the flight deck caused by damage from Flight Standards Certificate Holding District poor electrical contact due to loosening of the Office. an improved smoke barrier, as attaching hardware of the power cables of applicable. This new AD also requires Related Information certain windshield temperature controllers. repetitive inspections of the We are issuing this AD to prevent (j) Brazilian airworthiness directive 2006– decompression (vent) panels on the overheating of the power cable terminals of 05–01, effective May 23, 2006, also addresses smoke barrier and corrective actions if the windshield temperature controllers, the subject of this AD. necessary. This new AD also adds which could result in smoke on the flight Material Incorporated by Reference airplanes to the applicability. This AD deck. (k) You must use EMBRAER Service results from reports of decompression Compliance Bulletin 145–30–0043, Revision 02, dated panels on the smoke barrier opening in (e) You are responsible for having the May 25, 2006; or EMBRAER Service Bulletin flight and on the ground without a actions required by this AD performed within 145LEG–30–0013, dated June 28, 2005; as decompression event. We are issuing the compliance times specified, unless the applicable; to perform the actions that are this AD to prevent inadvertent opening actions have already been done. required by this AD, unless the AD specifies or tearing of decompression panels, otherwise. The Director of the Federal which could result in degraded cargo Inspection of Part Number (P/N) of Register approved the incorporation by Controller reference of these documents in accordance fire detection and suppression (f) Within 5,000 flight hours after the with 5 U.S.C. 552(a) and 1 CFR part 51. capability, smoke penetration into an effective date of this AD, inspect to Contact Empresa Brasileira de Aeronautica occupied compartment, and an determine the part number of the left- and S.A. (EMBRAER), P.O. Box 343—CEP 12.225, uncontrolled cargo fire, if a fire occurs right-hand windshield temperature Sao Jose dos Campos—SP, Brazil, for a copy in the main deck cargo compartment.

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DATES: This AD becomes effective considered the comments that have We understand MARPA’s comment March 23, 2007. been received on the NPRM. concerning incorporation by reference. The Director of the Federal Register The Office of the Federal Register (OFR) Support for the NPRM approved the incorporation by reference requires that documents that are of a certain publication listed in the AD Boeing supports the NPRM. necessary to accomplish the as of March 23, 2007. requirements of the AD be incorporated Request To Publish Service Information ADDRESSES: You may examine the AD by reference during the final rule phase docket on the Internet at http:// The Modification and Replacement of rulemaking. This final rule dms.dot.gov or in person at the Docket Parts Association (MARPA) states that, incorporates by reference the document Management Facility, U.S. Department typically, ADs are based on service necessary for the accomplishment of the of Transportation, 400 Seventh Street, information originating with the type requirements mandated by this AD. SW., Nassif Building, Room PL–401, certificate holder or its suppliers. Further, we point out that while Washington, DC. MARPA adds that manufacturer service documents that are incorporated by Contact Boeing Commercial documents are privately authored reference do become public information, Airplanes, P.O. Box 3707, Seattle, instruments generally having copyright they do not lose their copyright Washington 98124–2207, for service protection against duplication and protection. For that reason, we advise information identified in this AD. distribution. MARPA notes that when a the public to contact the manufacturer to obtain copies of the referenced FOR FURTHER INFORMATION CONTACT: service document is incorporated by reference into a public document, such service information. Susan Letcher, Aerospace Engineer, In regard to the commenter’s request as an AD, it loses its private, protected Cabin Safety and Environmental to post service bulletins on the status and becomes a public document. Systems Branch, ANM–150S, FAA, Department of Transportation’s DMS, MARPA adds that if a service document Seattle Aircraft Certification Office, we are currently in the process of is used as a mandatory element of 1601 Lind Avenue, SW., Renton, reviewing issues surrounding the compliance, it should not simply be Washington 98057–3356; telephone posting of service bulletins on the DMS referenced, but should be incorporated (425) 917–6474; fax (425) 917–6590. as part of an AD docket. Once we have into the regulatory document; by SUPPLEMENTARY INFORMATION: thoroughly examined all aspects of this definition, public laws must be public, Examining the Docket issue and have made a final which means they cannot rely upon determination, we will consider You may examine the airworthiness private writings. MARPA adds that whether our current practice needs to be directive (AD) docket on the Internet at service documents incorporated by revised. No change to the final rule is http://dms.dot.gov or in person at the reference should be made available to necessary in response to this comment. Docket Management Facility office the public by publication in the Docket between 9 a.m. and 5 p.m., Monday Management System (DMS), keyed to Request To Allow Use of Parts through Friday, except Federal holidays. the action that incorporates them. Manufacturer Approval (PMA) Parts The Docket Management Facility office MARPA notes that the stated purpose of MARPA states that the practice of (telephone (800) 647–5227) is located on the incorporation by reference method requiring the replacement of a defective the plaza level of the Nassif Building at is brevity, to keep from expanding the part with a certain part conflicts with 14 the street address stated in the Federal Register needlessly by CFR 21.303. MARPA asserts that ADDRESSES section. publishing documents already in the requiring installation of a certain part hands of the affected individuals; prevents installation of other good parts Discussion traditionally, ‘‘affected individuals’’ and prohibits the development of new The FAA issued a notice of proposed means aircraft owners and operators, parts. MARPA also states that the rulemaking (NPRM) to amend 14 CFR who are generally provided service practice of requiring an alternative part 39 to include an AD that information by the manufacturer. method of compliance (AMOC) to supersedes AD 96–24–03, amendment MARPA adds that a new class of install a PMA part should be stopped. 39–9829 (61 FR 59319, November 22, affected individuals has emerged, since MARPA concludes that this practice 1996). The existing AD applies to the majority of aircraft maintenance is presumes that all PMA parts are certain Boeing Model 747–400 series now performed by specialty shops inherently defective and require an airplanes. That NPRM was published in instead of aircraft owners and operators. additional layer of approval. MARPA the Federal Register on August 1, 2006 MARPA notes that this new class further states the NPRM does not (71 FR 43390). That NPRM proposed to includes maintenance and repair comply with FAA Order 8040.2; that require modification of the organizations, component servicing and order states that replacement or decompression panels on the smoke repair shops, parts purveyors and installation of certain parts could have barrier in the main deck cargo distributors, and organizations replacement parts approved under 14 compartment or replacement of the manufacturing or servicing alternatively CFR 21.303 based on a finding of smoke barrier with an improved smoke certified parts under section 21.303 identicality. That order also states that barrier, as applicable. That NPRM also (‘‘Replacement and modification parts’’) any parts approved under this proposed to require repetitive of the Federal Aviation Regulations (14 regulation and installed should be inspections of the decompression (vent) CFR 21.303). MARPA adds that the subject to the actions of the AD and panels on the smoke barrier and concept of brevity is now nearly archaic included in the applicability. MARPA corrective actions if necessary. That as documents exist more frequently in states that if a PMA part is defective, NPRM also proposed to add airplanes to electronic format than on paper. then it must be addressed in an AD and the applicability. Therefore, MARPA asks that the service not just simply implied by an AMOC documents deemed essential to the requirement. MARPA suggests that we Comments accomplishment of the NPRM be adopt language used in ADs issued by We provided the public the incorporated by reference into the directorates other than the Transport opportunity to participate in the regulatory instrument and published in Airplane Directorate, which specify development of this AD. We have the DMS. installing an ‘‘FAA-approved equivalent

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part number’’ or ‘‘airworthy parts.’’ need to ensure that unsafe PMA parts Conclusion MARPA contends that the mandates are identified and addressed in ADs contained in Section 1, paragraph (b)(1) related to Mandatory Continuing We have carefully reviewed the available data, including the comments of Executive Order 12866 are not being Airworthiness Information (MCAI). We that have been submitted, and met because the directorates differ in are currently examining all aspects of determined that air safety and the their treatment of this issue. MARPA, this issue, including input from therefore, requests that we revise the public interest require adopting the AD industry. Once we have made a final as proposed. NPRM to allow use of PMA parts. determination, we will consider how We do not agree to revise this AD. The our policy regarding PMA parts in ADs Costs of Compliance NPRM did not address PMA parts, as needs to be revised. We consider that to provided in draft FAA Order 8040.2, There are about 63 airplanes of the because the Order was only a draft that delay this AD action would be affected design in the worldwide fleet. was out for comment at the time. After inappropriate, since we have The following table provides the issuance of the NPRM, the Order was determined that an unsafe condition estimated costs, at an average labor rate revised and issued as FAA Order 8040.5 exists and that replacement of certain of $80 per hour, for U.S. operators to with an effective date of September 29, parts must be accomplished to ensure comply with the AD. The estimated 2006. continued safety. Therefore, no change work hours and cost of parts for the FAA Order 8040.5 does not address has been made to the final rule in this modification in the table below depend PMA parts in ADs. We acknowledge the regard. on the configuration of an airplane.

ESTIMATE COSTS

Number of U.S.-reg- Action Work hours Parts Cost per airplane istered air- Fleet cost planes

Modification (new action) ...... 16–17 $12,064–15,362 $13,344–16,722 2 $26,688–33,444. Replacement (new action) ...... 4 48,647 48,967 2 97,934. Inspection (new action) ...... 2 None 160 2 320, per inspection cycle.

Authority for This Rulemaking (1) Is not a ‘‘significant regulatory FR 59319, November 22, 1996) and by action’’ under Executive Order 12866; adding the following new airworthiness Title 49 of the United States Code (2) Is not a ‘‘significant rule’’ under directive (AD): specifies the FAA’s authority to issue DOT Regulatory Policies and Procedures rules on aviation safety. Subtitle I, 2007–04–10 Boeing: Amendment 39–14942. (44 FR 11034, February 26, 1979); and Section 106, describes the authority of Docket No. FAA–2006–25470; (3) Will not have a significant the FAA Administrator. Subtitle VII, Directorate Identifier 2006–NM–090–AD. economic impact, positive or negative, Aviation Programs, describes in more on a substantial number of small entities Effective Date detail the scope of the Agency’s under the criteria of the Regulatory authority. (a) This AD becomes effective March 23, Flexibility Act. 2007. We are issuing this rulemaking under We prepared a regulatory evaluation the authority described in Subtitle VII, of the estimated costs to comply with Affected ADs Part A, Subpart III, Section 44701, this AD and placed it in the AD docket. (b) This AD supersedes AD 96–24–03. ‘‘General requirements.’’ Under that See the ADDRESSES section for a location Applicability section, Congress charges the FAA with to examine the regulatory evaluation. promoting safe flight of civil aircraft in (c) This AD applies to Boeing Model 747– air commerce by prescribing regulations List of Subjects in 14 CFR Part 39 400 series airplanes, certificated in any for practices, methods, and procedures Air transportation, Aircraft, Aviation category, as identified in Boeing Alert the Administrator finds necessary for safety, Incorporation by reference, Service Bulletin 747–25A3353, dated safety in air commerce. This regulation Safety. December 9, 2004. is within the scope of that authority Unsafe Condition because it addresses an unsafe condition Adoption of the Amendment (d) This AD results from reports of that is likely to exist or develop on I Accordingly, under the authority decompression panels on the smoke barrier products identified in this rulemaking delegated to me by the Administrator, action. opening in flight and on the ground without the FAA amends 14 CFR part 39 as a decompression event. We are issuing this Regulatory Findings follows: AD to prevent inadvertent opening or tearing We have determined that this AD will of decompression panels, which could result PART 39—AIRWORTHINESS in degraded cargo fire detection and not have federalism implications under DIRECTIVES suppression capability, smoke penetration Executive Order 13132. This AD will into an occupied compartment, and an not have a substantial direct effect on I 1. The authority citation for part 39 continues to read as follows: uncontrolled cargo fire, if a fire occurs in the the States, on the relationship between main deck cargo compartment. the national government and the States, Authority: 49 U.S.C. 106(g), 40113, 44701. or on the distribution of power and Compliance § 39.13 [Amended] responsibilities among the various (e) You are responsible for having the levels of government. I 2. The Federal Aviation actions required by this AD performed within For the reasons discussed above, I Administration (FAA) amends § 39.13 the compliance times specified, unless the certify that this AD: by removing amendment 39–9829 (61 actions have already been done.

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New Requirements of This AD (NARA). For information on the availability Contact Meggitt Safety Systems, 1915 of this material at the NARA, call (202) 741– Modification or Replacement, as Applicable Voyager Avenue, Simi Valley, California 6030, or go to: http://www.archives.gov/ 93063, for service information identified (f) Within 48 months after the effective federal-register/cfr/ibr-locations.html. date of this AD: Modify the decompression in this AD. Issued in Renton, Washington, on February panels on the smoke barrier or replace the FOR FURTHER INFORMATION CONTACT: 6, 2007. smoke barrier with an improved smoke Samuel Lee, Aerospace Engineer, barrier, by accomplishing all of the actions Ali Bahrami, Propulsion Branch, ANM–140L, FAA, specified in Work Package 1 of the Manager, Transport Airplane Directorate, Los Angeles Aircraft Certification Accomplishment Instructions of Boeing Alert Aircraft Certification Service. Office, 3960 Paramount Boulevard, Service Bulletin 747–25A3353, dated [FR Doc. E7–2511 Filed 2–15–07; 8:45 am] Lakewood, California 90712–4137; December 9, 2004, as applicable. BILLING CODE 4910–13–P telephone (562) 627–5262; fax (562) Repetitive Inspection 627–5210. (g) Within 20 months or 6,000 flight hours SUPPLEMENTARY INFORMATION: after accomplishing the actions in paragraph DEPARTMENT OF TRANSPORTATION (f) of this AD, whichever occurs first: Do a Examining the Docket Federal Aviation Administration general visual inspection of the You may examine the airworthiness decompression (vent) panels on the smoke directive (AD) docket on the Internet at 14 CFR Part 39 barrier for any changes from their installed http://dms.dot.gov or in person at the condition, and do all corrective actions [Docket No. FAA–2006–26049; Directorate before further flight after the inspection, by Docket Management Facility office Identifier 2006–NM–177–AD; Amendment between 9 a.m. and 5 p.m., Monday accomplishing all of the actions specified in 39–14949; AD 2007–04–17] Work Package 2 of the Accomplishment through Friday, except Federal holidays. Instructions of Boeing Alert Service Bulletin RIN 2120–AA64 The Docket Management Facility office 747–25A3353, dated December 9, 2004, as (telephone (800) 647–5227) is located on applicable. Repeat the inspection thereafter Airworthiness Directives; McDonnell the plaza level of the Nassif Building at at intervals not to exceed 20 months or 6,000 Douglas Model DC–10–10, DC–10–10F, the street address stated in the flight hours, whichever occurs first. DC–10–15, DC–10–30, and DC–10–30F ADDRESSES section. Note 1: For the purposes of this AD, a (KC–10A and KDC–10) Airplanes; general visual inspection is: ‘‘A visual Model DC–10–40 and DC–10–40F Discussion examination of an interior or exterior area, Airplanes Equipped With Pratt & The FAA issued a notice of proposed installation, or assembly to detect obvious Whitney JT9–20 or JT9–20J Engines; rulemaking (NPRM) to amend 14 CFR damage, failure, or irregularity. This level of and Model MD–10–10F and MD–10–30F part 39 to include an AD that would inspection is made from within touching distance unless otherwise specified. A mirror Airplanes apply to all McDonnell Douglas Model DC–10–10, DC–10–10F, DC–10–15, DC– may be necessary to ensure visual access to AGENCY: Federal Aviation all surfaces in the inspection area. This level 10–30, and DC–10–30F (KC–10A and Administration (FAA), Department of KDC–10) airplanes; Model DC–10–40 of inspection is made under normally Transportation (DOT). available lighting conditions such as and DC–10–40F airplanes equipped daylight, hangar lighting, flashlight, or ACTION: Final rule. with Pratt & Whitney JT9–20 or JT9–20J droplight and may require removal or SUMMARY: engines; and all Model MD–10–10F and opening of access panels or doors. Stands, The FAA is adopting a new airworthiness directive (AD) for the MD–10–30F airplanes. That NPRM was ladders, or platforms may be required to gain published in the Federal Register on proximity to the area being checked.’’ McDonnell Douglas airplanes previously described. This AD requires October 13, 2006 (71 FR 60448). That Alternative Methods of Compliance replacing the control modules of the fire NPRM proposed to require replacing the (AMOCs) detection systems of the propulsion control modules of the fire detection (h)(1) The Manager, Seattle Aircraft engines with new, improved control systems of the propulsion engines with Certification Office, FAA, has the authority to modules. This AD results from a report new, improved control modules. approve AMOCs for this AD, if requested in of broken or severed wiring between Comments accordance with the procedures found in 14 engine fire detectors and the fire CFR 39.19. detection system control module, which We provided the public the (2) Before using any AMOC approved in opportunity to participate in the accordance with § 39.19 on any airplane to caused the fire detection system to become non-functional without development of this AD. We have which the AMOC applies, notify the considered the comments received. appropriate principal inspector in the FAA flightcrew awareness. We are issuing Flight Standards Certificate Holding District this AD to prevent unannunciated fire Support for the NPRM Office. in a propulsion engine, which could FedEx concurs with the NPRM as Material Incorporated by Reference cause injury to flightcrew and written and states its intent to also passengers or loss of the airplane. (i) You must use Boeing Alert Service modify the fire detection systems of the Bulletin 747–25A3353, dated December 9, DATES: This AD becomes effective auxiliary power units of subject FedEx 2004, to perform the actions that are required March 23, 2007. airplanes, as described in the service by this AD, unless the AD specifies The Director of the Federal Register information mandated by the AD. otherwise. The Director of the Federal approved the incorporation by reference Register approved the incorporation by of a certain publication listed in the AD Request To Clarify Service Information reference of this document in accordance as of March 23, 2007. Requirement with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: You may examine the AD Hawaiian Airlines requests that we Contact Boeing Commercial Airplanes, P.O. docket on the Internet at http:// revise the NPRM to clarify what service Box 3707, Seattle, Washington 98124–2207, for a copy of this service information. You dms.dot.gov or in person at the Docket information is acceptable for may review copies at the FAA, Transport Management Facility, U.S. Department compliance with the AD. The Airplane Directorate, 1601 Lind Avenue, of Transportation, 400 Seventh Street, commenter asserts that the NPRM states SW., Renton, Washington; or at the National SW., Nassif Building, Room PL–401, that the use of Meggitt Safety Systems Archives and Records Administration Washington, DC. Service Bulletin 26–34, Revision 2,

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dated August 15, 2006, is acceptable for Conclusion under the criteria of the Regulatory compliance. However, the commenter We have carefully reviewed the Flexibility Act. states that, according to Revision 1 and available data, including the comments We prepared a regulatory evaluation Revision 2 of the service bulletin, no received, and determined that air safety of the estimated costs to comply with further work is required. Therefore, the and the public interest require adopting this AD and placed it in the AD docket. commenter inquires whether the AD with the changes described See the ADDRESSES section for a location compliance with the original issue or previously. We have determined that to examine the regulatory evaluation. Revision 1 of the service information these changes will neither increase the List of Subjects in 14 CFR Part 39 will be acceptable. economic burden on any operator nor Air transportation, Aircraft, Aviation We partially agree. Although we can increase the scope of the AD. find no statement in Service Bulletin safety, Incorporation by reference, 26–34, Revision 1, dated July 17, 2006 Costs of Compliance Safety. (which is the original issue); or Revision There are about 305 airplanes of the Adoption of the Amendment 2; that no further work is required, we affected design in the worldwide fleet. have confirmed that Revision 1 and This AD affects about 233 airplanes of I Accordingly, under the authority Revision 2 are technically identical and U.S. registry. The required actions take delegated to me by the Administrator, differ only in issues of format and style. about 6 work hours per airplane, at an the FAA amends 14 CFR part 39 as Therefore, we have added new average labor rate of $80 per work hour. follows: paragraph (g) to the AD to specify that Required parts cost about $9,900 per PART 39—AIRWORTHINESS actions accomplished before the airplane. Based on these figures, the DIRECTIVES effective date of the AD in accordance estimated cost of the AD for U.S. with Revision 1 of Service Bulletin 26– operators is $2,418,540, or $10,380 per I 1. The authority citation for part 39 34 are acceptable for compliance with airplane. continues to read as follows: the requirements of the AD. We have re- identified subsequent paragraphs of the Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. AD accordingly. Title 49 of the United States Code § 39.13 [Amended] Request To Include Statement of Intent specifies the FAA’s authority to issue I 2. The Federal Aviation To Incorporate by Reference rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 Section 106, describes the authority of The Modification and Replacement by adding the following new the FAA Administrator. Subtitle VII, airworthiness directive (AD): Parts Association (MARPA) requests Aviation Programs, describes in more that, during the NPRM stage of AD detail the scope of the Agency’s 2007–04–17 McDonnell Douglas: rulemaking, the FAA state its intent to authority. Amendment 39–14949. Docket No. incorporate by reference (IBR) any FAA–2006–26049; Directorate Identifier We are issuing this rulemaking under 2006–NM–177–AD. relevant service information. MARPA the authority described in Subtitle VII, states that without such a statement in Part A, Subpart III, Section 44701, Effective Date the NPRM, it is unclear whether the ‘‘General requirements.’’ Under that (a) This AD becomes effective March 23, relevant service information will be section, Congress charges the FAA with 2007. incorporated by reference in the final promoting safe flight of civil aircraft in Affected ADs rule. air commerce by prescribing regulations (b) None. We do not concur with the for practices, methods, and procedures commenter’s request. When we the Administrator finds necessary for Applicability reference certain service information in safety in air commerce. This regulation (c) This AD applies to McDonnell Douglas a proposed AD, the public can assume is within the scope of that authority airplanes, certificated in any category; as we intend to IBR that service because it addresses an unsafe condition specified in paragraphs (c)(1), (c)(2), and information, as required by the Office of that is likely to exist or develop on (c)(3) of this AD. (1) All Model DC–10–10, DC–10–10F, DC– the Federal Register. No change to the products identified in this rulemaking AD is necessary in regard to the 10–15, DC–10–30, and DC–10–30F (KC–10A action. and KDC–10) airplanes; commenter’s request. Regulatory Findings (2) Model DC–10–40 and DC–10–40F Request To Post IBR Documents on the airplanes equipped with Pratt & Whitney Docket Management System (DMS) We have determined that this AD will JT9–20 or JT9–20J engines; and not have federalism implications under (3) All Model MD–10–10F and MD–10–30F MARPA asserts that IBR documents Executive Order 13132. This AD will airplanes. should be made available to the public not have a substantial direct effect on Unsafe Condition by publication in the DMS, keyed to the the States, on the relationship between (d) This AD results from a report of broken action that incorporates them. MARPA the national government and the States, therefore requests that such documents or severed wiring between engine fire or on the distribution of power and detectors and the fire detection system be published in the DMS prior to release responsibilities among the various control module, which caused the fire of the final rule. levels of government. detection system to become non-functional We do not agree with this request. We For the reasons discussed above, I without flightcrew awareness. We are issuing are currently in the process of reviewing certify that this AD: this AD to prevent unannunciated fire in a issues surrounding the posting of (1) Is not a ‘‘significant regulatory propulsion engine, which could cause injury service bulletins on the DMS as part of action’’ under Executive Order 12866; to flightcrew and passengers or loss of the an AD docket. Once we have thoroughly (2) Is not a ‘‘significant rule’’ under airplane. examined all aspects of this issue and DOT Regulatory Policies and Procedures Compliance have made a final determination, we (44 FR 11034, February 26, 1979); and (e) You are responsible for having the will consider whether our current (3) Will not have a significant actions required by this AD performed within practice needs to be revised. No change economic impact, positive or negative, the compliance times specified, unless the to the AD is necessary in this regard. on a substantial number of small entities actions have already been done.

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Control Module Replacement DEPARTMENT OF TRANSPORTATION Branch, ACE–116W, FAA, Wichita (f) Within 60 months after the effective Aircraft Certification Office, 1801 date of this AD, replace the control modules Federal Aviation Administration Airport Road, Room 100, Mid-Continent of the fire detection systems of the Airport, Wichita, Kansas 67209; propulsion engines with new, improved 14 CFR Part 39 telephone (316) 946–4135; fax (316) control modules, in accordance with 946–4107. paragraph 2., ‘‘Main Engine Control Module [Docket No. FAA–2006–25563; Directorate Replacement Instructions,’’ of Meggitt Safety Identifier 2006–NM–083–AD; Amendment SUPPLEMENTARY INFORMATION: 39–14950; AD 2007–04–18] Systems Service Bulletin 26–34, Revision 2, Examining the Docket dated August 15, 2006. RIN 2120–AA64 You may examine the airworthiness Credit for Previous Revisions of Service directive (AD) docket on the Internet at Bulletins Airworthiness Directives; Learjet Model 23, 24, 24A, 24B, 24B–A, 24C, http://dms.dot.gov or in person at the (g) Actions done before the effective date 24D, 24D–A, 24E, 24F, 24F–A, 25, 25A, Docket Management Facility office of this AD in accordance with Meggitt Safety between 9 a.m. and 5 p.m., Monday Systems Service Bulletin 26–34, Revision 1, 25B, 25C, 25D, 25F, 28, 29, 31, 31A, 35, dated July 17, 2006, are acceptable for 35A (C–21A), 36, 36A, 55, 55B, and 55C through Friday, except Federal holidays. compliance with the corresponding actions Airplanes The Docket Management Facility office required by paragraph (f) of this AD. (telephone (800) 647–5227) is located on AGENCY: Federal Aviation the plaza level of the Nassif Building at Alternative Methods of Compliance Administration (FAA), Department of the street address stated in the (AMOCs) Transportation (DOT). ADDRESSES section. (h)(1) The Manager, Los Angeles Aircraft ACTION: Final rule. Certification Office, FAA, has the authority to Discussion SUMMARY: approve AMOCs for this AD, if requested in The FAA is adopting a new The FAA issued a notice of proposed accordance with the procedures found in 14 airworthiness directive (AD) for certain CFR 39.19. rulemaking (NPRM) to amend 14 CFR Learjet Model 23, 24, 24A, 24B, 24B–A, part 39 to include an AD that would (2) Before using any AMOC approved in 24C, 24D, 24D–A, 24E, 24F, 24F–A, 25, accordance with § 39.19 on any airplane to apply to certain Learjet Model 23, 24, 25A, 25B, 25C, 25D, 25F, 28, 29, 31, 24A, 24B, 24B–A, 24C, 24D, 24D–A, which the AMOC applies, notify the 31A, 35, 35A (C–21A), 36, 36A, 55, 55B, appropriate principal inspector in the FAA 24E, 24F, 24F–A, 25, 25A, 25B, 25C, and 55C airplanes. This AD requires Flight Standards Certificate Holding District 25D, 25F, 28, 29, 31, 31A, 35, 35A (C– Office. modifying the left- and right-hand 21A), 36, 36A, 55, 55B, and 55C standby fuel pump switches. This AD Material Incorporated by Reference airplanes. That NPRM was published in also requires revising the Emergency the Federal Register on August 16, 2006 (i) You must use Meggitt Safety Systems and Abnormal Procedures sections of Service Bulletin 26–34, Revision 2, dated (71 FR 47154). That NPRM proposed to the airplane flight manual to advise the require modifying the left- and right- August 15, 2006, to perform the actions that flightcrew of the proper procedures to are required by this AD, unless the AD hand standby fuel pump switches. That follow in the event of failure of the NPRM also proposed to require revising specifies otherwise. Meggitt Safety Systems standby fuel pump to shut off. This AD Service Bulletin 26–34, Revision 2, dated the Emergency and Abnormal August 15, 2006, contains the following results from a report of inadvertent Procedures sections of the airplane effective pages: operation of a standby fuel pump due to flight manual (AFM) to advise the an electrical system malfunction. We are flightcrew of the proper procedures to Revision issuing this AD to prevent this follow in the event of failure of the Page level Date shown on page inadvertent operation, which could standby fuel pump to shut off. number shown on result in inadvertent fuel transfer by the page left or right wing fuel system and Comments 1–26 ...... 2 August 15, 2006. subsequent over-limit fuel imbalance We provided the public the 27–61 .... 1 July 17, 2006. between the left and right wing fuel opportunity to participate in the loads. This imbalance could affect development of this AD. We have The Director of the Federal Register lateral control of the airplane which considered the comments received. approved the incorporation by reference of could result in reduced controllability. this document in accordance with 5 U.S.C. DATES: This AD becomes effective Requests To Withdraw the NPRM 552(a) and 1 CFR part 51. Contact Meggitt March 23, 2007. Safety Systems, 1915 Voyager Avenue, Simi One private citizen states that the The Director of the Federal Register flight department he works for operates Valley, California 93063, for a copy of this approved the incorporation by reference service information. You may review copies three Learjet Model 35A airplanes and at the FAA, Transport Airplane Directorate, of certain publications listed in the AD a Learjet Model 31 airplane. He adds 1601 Lind Avenue, SW., Renton, as of March 23, 2007. that the airplanes have never had an Washington; or at the National Archives and ADDRESSES: You may examine the AD inadvertent operation of the fuel pumps Records Administration (NARA). For docket on the Internet at http:// resulting in an over-limit fuel information on the availability of this dms.dot.gov or in person at the Docket imbalance. He also notes that the fuel material at NARA, call 202–741–6030, or go Management Facility, U.S. Department crossflow valve must be open in order to: http://www.archives.gov/federal-register/ of Transportation, 400 Seventh Street, to transfer fuel; this requires two cfr/ibr-locations.html. SW., Nassif Building, Room PL–401, switches to be selected—the standby Issued in Renton, Washington, on February Washington, DC. fuel pump and the crossflow valve. He 8, 2007. Contact Learjet, Inc., One Learjet Way, states that even if a standby fuel pump Ali Bahrami, Wichita, Kansas 67209–2942, for service is inadvertently activated, no fuel will Manager, Transport Airplane Directorate, information identified in this AD. be transferred unless the crossflow valve Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: is also open. He concludes that there is [FR Doc. E7–2639 Filed 2–15–07; 8:45 am] James Galstad, Aerospace Engineer, already enough protection in the system BILLING CODE 4910–13–P Mechanical Systems and Propulsion to avoid an over-limit fuel imbalance.

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We infer that the commenter is stating holder or its suppliers. MARPA adds distribution to owners may, when the that an AD is not required. We recognize that manufacturer’s service documents owner is a financing or leasing that the crossflow valve must be open are privately authored instruments, institution, not actually reach the for fuel to be transferred; however, as generally having copyright protection people responsible for accomplishing the operation of the pump may not be against duplication and distribution. the AD. Therefore, MARPA asks that the recognized by the flightcrew, the When a service document is service documents deemed essential to transfer valve may be opened in an incorporated by reference into a public the accomplishment of the NPRM be attempt to correct an existing fuel document, such as an AD, pursuant to incorporated by reference into the imbalance, creating an even greater 5 U.S.C. 552(a) and 1 CFR part 51, it regulatory instrument and published in imbalance. We do not agree that there is loses its private, protected status and DMS. enough protection in the system to becomes a public document. MARPA We acknowledge MARPA’s avoid an over-limit fuel imbalance when notes that if a service document is used comments. The Office of the Federal an electrical malfunction provides as a mandatory element of compliance, Register (OFR) requires that documents power to an electric standby pump. This it should not simply be referenced, but that are necessary to accomplish the condition was found during an accident should be incorporated by reference. requirements of the AD be incorporated investigation. We have made no change MARPA believes that public laws, by by reference during the final rule phase to the AD in this regard. definition, should be public, which of rulemaking. This final rule Another private citizen states that his means they cannot rely upon private incorporates by reference the documents organization has operated up to 13 writings for compliance. MARPA adds necessary for the accomplishment of the Learjet 20 series airplanes (some with that the legal interpretation of a requirements mandated by this AD. 20,000 total airframe hours) for almost document is a question of law, not of Further, we point out that while 20 years and has never encountered the fact; therefore, unless the service documents that are incorporated by unsafe condition. He adds that if this document is incorporated by reference it reference do become public information, problem were to occur, it should not cannot be considered. MARPA is as noted by the commenter, they do not generate an emergency situation but concerned that failure to incorporate lose their copyright protection. For that simply an abnormal procedure that is essential service information could reason, we advise the public to contact addressed by the aircraft checklist. He result in a court decision invalidating the manufacturer to obtain copies of the the AD. asks what pertinent information leads to referenced service information. the conclusion that an unsafe condition MARPA also states that service In regard to MARPA’s request to post is likely to exist or develop on other documents incorporated by reference service bulletins on the Department of airplanes. He adds that the condition of should be made available to the public Transportation’s DMS, we are currently imbalance caused by inadvertent by publication in the Docket in the process of reviewing issues standby pump operation, as specified in Management System (DMS), keyed to surrounding the posting of service the NPRM, is not likely to occur; if it the action that incorporates those bulletins on the DMS as part of an AD did occur, the flightcrew could read the documents. MARPA notes that the docket. Once we have thoroughly proper procedure in the checklist. He stated purpose of the incorporation by examined all aspects of this issue and concludes that safety is not jeopardized reference method is brevity, to keep have made a final determination, we at all. from expanding the Federal Register We infer that the commenter wants us needlessly by publishing documents will consider whether our current to withdraw the NPRM; we do not agree already in the hands of the affected practice needs to be revised. No change with the request. We acknowledge that individuals. MARPA adds that, to the AD is necessary in response to existing airplane checklist procedures traditionally, ‘‘affected individuals’’ these comments. appear to be adequate, but using means aircraft owners and operators, Conclusion previous AFM procedures does not who are generally provided service ensure that the imbalance will be information by the manufacturer. We have carefully reviewed the corrected. Based on the data presented MARPA adds that a new class of available data, including the comments to date of over 30 reports of imbalance, affected individuals has emerged, since received, and determined that air safety we find that this AD is warranted. We the majority of aircraft maintenance is and the public interest require adopting have made no change to the AD in this now performed by specialty shops the AD as proposed. regard. instead of aircraft owners and operators. Costs of Compliance MARPA notes that this new class Request To Publish Service includes maintenance and repair There are about 1,613 airplanes of the Information/Incorporate by Reference organizations, component servicing, affected design in the worldwide fleet. in NPRM and/or servicing alternatively certified The following table provides the The Modification and Replacement parts under section 21.303 estimated costs for U.S. operators to Parts Association (MARPA) states that (‘‘Replacement and modification parts’’) comply with this AD, at an average ADs are based on service information of the Federal Aviation Regulations (14 labor rate of $80 per work hour, that originates from the type certificate CFR 21.303). MARPA notes that depending on airplane configuration.

ESTIMATED COSTS

Number of Action Work hours Parts Cost per airplane U.S.-registered Fleet cost airplanes

Modification ...... Between 4 and 12 ...... Between $1,426 and Between $1,746 and 1,150 Between $2,007,900 $1,470. $2,430. and $2,794,500. AFM Revision ...... 1 ...... None ...... $80 ...... 1,150 $92,000

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Authority for This Rulemaking the States, on the relationship between the FAA amends 14 CFR part 39 as Title 49 of the United States Code the national government and the States, follows: specifies the FAA’s authority to issue or on the distribution of power and PART 39—AIRWORTHINESS rules on aviation safety. Subtitle I, responsibilities among the various DIRECTIVES Section 106, describes the authority of levels of government. For the reasons discussed above, I the FAA Administrator. Subtitle VII, certify that this AD: I 1. The authority citation for part 39 Aviation Programs, describes in more (1) Is not a ‘‘significant regulatory continues to read as follows: detail the scope of the Agency’s action’’ under Executive Order 12866; authority. (2) Is not a ‘‘significant rule’’ under Authority: 49 U.S.C. 106(g), 40113, 44701. We are issuing this rulemaking under DOT Regulatory Policies and Procedures § 39.13 [Amended] the authority described in Subtitle VII, (44 FR 11034, February 26, 1979); and Part A, Subpart III, Section 44701, (3) Will not have a significant I 2. The Federal Aviation ‘‘General requirements.’’ Under that economic impact, positive or negative, Administration (FAA) amends § 39.13 section, Congress charges the FAA with on a substantial number of small entities by adding the following new promoting safe flight of civil aircraft in under the criteria of the Regulatory airworthiness directive (AD): air commerce by prescribing regulations Flexibility Act. for practices, methods, and procedures We prepared a regulatory evaluation 2007–04–18 Learjet: Amendment 39–14950. the Administrator finds necessary for of the estimated costs to comply with Docket No. FAA–2006–25563; safety in air commerce. This regulation this AD and placed it in the AD docket. Directorate Identifier 2006–NM–083–AD. is within the scope of that authority See the ADDRESSES section for a location Effective Date because it addresses an unsafe condition to examine the regulatory evaluation. (a) This AD becomes effective March 23, that is likely to exist or develop on 2007. products identified in this rulemaking List of Subjects in 14 CFR Part 39 action. Air transportation, Aircraft, Aviation Affected ADs safety, Incorporation by reference, (b) None. Regulatory Findings Safety. We have determined that this AD will Applicability Adoption of the Amendment not have federalism implications under (c) This AD applies to the Learjet models Executive Order 13132. This AD will I Accordingly, under the authority identified in the applicable Bombardier not have a substantial direct effect on delegated to me by the Administrator, service bulletin listed in Table 1 of this AD.

TABLE 1.—APPLICABILITY BY SERVICE BULLETIN

Bombardier service Revision bulletin level Date Learjet model(s)

SB 23–28–6 ...... Original ...... April 21, 1998 ...... 23. SB 24/25–28–3 ...... 2 ...... February 21, 1998 ..... 24, 24A, 24B, 24B–A, 24C, 24D, 24D–A, 24E, 24F, and 24F–A airplanes; and 25, 25A, 25B, 25C, 25D, and 25F airplanes. SB 28/29–28–4 ...... 3 ...... June 2, 1999 ...... 28 and 29 airplanes. SB 31–28–7 ...... 3 ...... January 26, 2001 ...... 31 and 31A airplanes. SB 35/36–28–11 ...... 4 ...... December 4, 2000 ..... 35 and 35A (C–21A) airplanes; 36 and 36A airplanes. SB 55–28–13 ...... 3 ...... December 15, 2000 .. 55, 55B and 55C airplanes.

Unsafe Condition the compliance times specified, unless the AFM to advise the flightcrew of proper (d) This AD results from a report of actions have already been done. procedures to follow in the event of failure inadvertent operation of a standby fuel pump Modification of the standby fuel pump to shut off by due to an electrical system malfunction. We including the information in the applicable are issuing this AD to prevent this (f) Within 24 months after the effective Learjet temporary flight manual (TFM) date of this AD: Modify the left- and right- inadvertent operation, which could result in changes identified in Table 2 of this AD. This hand standby fuel pump switches, in inadvertent fuel transfer by the left or right may be done by inserting a copy of the TFM accordance with the Accomplishment wing fuel system and subsequent over-limit changes into the AFM. When the TFM fuel imbalance between the left and right Instructions of the applicable service bulletin wing fuel loads. This imbalance could affect identified in Table 1 of this AD. changes have been included in the general lateral control of the airplane which could revisions of the AFM, those general revisions Airplane Flight Manual (AFM) Revision result in reduced controllability. may be inserted into the AFM, provided the (g) Before further flight after accomplishing relevant information in the general revisions Compliance the modification required by paragraph (f) of is identical to that in the TFM changes. (e) You are responsible for having the this AD: Revise the Emergency and Abnormal actions required by this AD performed within Procedures sections of the applicable Learjet

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TABLE 2.—TFM CHANGES

Learjet TFM Learjet model(s) change Date To the Learjet AFM

24, 25, 28, 29, 31, 35, 36, and 55 TFM 96–08 ...... May 30, 1996 ... 24 (FM–004), 24B (FM–006), 24D (FM–009), 24E (FM–011), 24F airplanes. (FM–012), 24 ECR 736 (FM–008), 25 (FM–014), 25B/C (FM–016), 25D/F (FM–018), 28/29 (FM–100), 31 (FM–112), 31A (FM–121), 35/36 (FM–019), 35A/36A FC–200 (FM–102), 35A/36A FC–530 (FM–108), 55 (FM–103), 55B (FM–110), 55C (FM–114). 24, 25, 28, 29, 31, 35, 36, and 55 TFM 96–09 ...... May 30, 1996 ... 24 (FM–004), 24B (FM–006), 24D (FM–009), 24E (FM–011), 24F airplanes. (FM–012), 24 ECR 736 (FM–008), 25 (FM–014), 25B/C (FM–016), 25D/F (FM–018), 28/29 (FM–100), 31 (FM–112), 31A (FM–121), 35/36 (FM–019), 35A/36A FC–200 (FM–102), 35A/36A FC–530 (FM–108), 55 (FM–103), 55B (FM–110), 55C (FM–114). 23 airplanes ...... TFM 98–01 ...... May 11, 1999 ... 23 (FM–003). 23 airplanes ...... TFM 98–02 ...... May 11, 1999 ... 23 (FM–003).

Alternative Methods of Compliance Material Incorporated by Reference Contact Learjet, Inc., One Learjet Way, (AMOCs) (i) You must use the applicable service Wichita, Kansas 67209–2942, for a copy of (h)(1) The Manager, Wichita Aircraft information identified in Tables 3 and 4 of this service information. You may review Certification Office (ACO), FAA, has the this AD to perform the actions that are copies at the Docket Management Facility, authority to approve AMOCs for this AD, if required by this AD, unless the AD specifies U.S. Department of Transportation, 400 otherwise. (Only page 1 of Learjet Temporary requested in accordance with the procedures Seventh Street SW., Room PL–401, Nassif Flight Manual Change TFM 96–08, dated found in 14 CFR 39.19. Building, Washington, DC; on the Internet at May 30, 1996; and Learjet Temporary Flight http://dms.dot.gov; or at the National (2) Before using any AMOC approved in Manual Change TFM 96–09, dated May 30, Archives and Records Administration accordance with § 39.19 on any airplane to 1996; contain the document date, no other which the AMOC applies, notify the pages of the document contain this (NARA). For information on the availability appropriate principal inspector in the FAA information.) The Director of the Federal of this material at the NARA, call (202) 741– Flight Standards Certificate Holding District Register approved the incorporation by 6030, or go to http://www.archives.gov/ _ _ _ _ Office. reference of these documents in accordance federal register/code of federal regulations/ with 5 U.S.C. 552(a) and 1 CFR part 51. ibr_locations.html.

TABLE 3.—SERVICE BULLETINS INCORPORATED BY REFERENCE

Bombardier service bulletin Revision level Date

SB 23–28–6 ...... Original Issue ...... April 21, 1998. SB 24/25–28–3 ...... 2 ...... February 21, 1998. SB 28/29–28–4 ...... 3 ...... June 2, 1999. SB 31–28–7 ...... 3 ...... January 26, 2001. SB 35/36–28–11 ...... 4 ...... December 4, 2000. SB 55–28–13 ...... 3 ...... December 15, 2000.

TABLE 4.—TEMPORARY CHANGES INCORPORATED BY REFERENCE

Learjet Temporary Flight Manual (TFM) change Date To the Learjet Airplane Flight Manual

TFM 96–08 ...... May 30, 1996 ...... 24 (FM–004), 24B (FM–006), 24D (FM–009), 24E (FM–011), 24F (FM–012), 24 ECR 736 (FM–008), 25 (FM–014), 25B/C (FM–016), 25D/F (FM–018), 28/29 (FM–100), 31 (FM–112), 31A (FM–121), 35/36 (FM–019), 35A/36A FC–200 (FM–102), 35A/36A FC–530 (FM–108), 55 (FM–103), 55B (FM–110), 55C (FM–114) TFM 96–09 ...... May 30, 1996 ...... 24 (FM–004), 24B (FM–006), 24D (FM–009), 24E (FM–011), 24F (FM–012), 24 ECR 736 (FM–008), 25 (FM–014), 25B/C (FM–016), 25D/F (FM–018), 28/29 (FM–100), 31 (FM–112), 31A (FM–121), 35/36 (FM–019), 35A/36A FC–200 (FM–102), 35A/36A FC–530 (FM–108), 55 (FM–103), 55B (FM–110), 55C (FM–114) TFM 98–01 ...... May 11, 1999 ...... 23 (FM–003) TFM 98–02 ...... May 11, 1999 ...... 23 (FM–003)

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Issued in Renton, Washington, on February Contact Boeing Commercial We acknowledge that it may be 6, 2007. Airplanes, P.O. Box 3707, Seattle, possible to develop a more cost-effective Ali Bahrami, Washington 98124–2207, for service solution than the replacement specified Manager, Transport Airplane Directorate, information identified in this AD. in this AD. However, the manufacturer Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: has developed only a single design [FR Doc. E7–2640 Filed 2–15–07; 8:45 am] Judith Coyle, Aerospace Engineer, solution (replacement of the pump BILLING CODE 4910–13–P Propulsion Branch, ANM–140S, FAA, shaft) to fully address the identified Seattle Aircraft Certification Office, unsafe condition specified in this AD. 1601 Lind Avenue, SW., Renton, We have mandated this terminating DEPARTMENT OF TRANSPORTATION Washington 98057–3356; telephone action because we can better ensure (425) 917–6497; fax (425) 917–6590. long-term continued operational safety Federal Aviation Administration SUPPLEMENTARY INFORMATION: by design changes to remove the source of the problem, rather than by repetitive 14 CFR Part 39 Examining the Docket inspections. We also recognize that [Docket No. FAA–2005–20351; Directorate You may examine the AD docket on alternative methods of compliance Identifier 2003–NM–269–AD; Amendment the Internet at http://dms.dot.gov or in (AMOCs) that meet the intent of this AD 39–14948; AD 2007–04–16] person at the Docket Management may also exist; operators may request an Facility office between 9 a.m. and 5 AMOC in accordance with the RIN 2120–AA64 p.m., Monday through Friday, except procedures specified in paragraph (l) of Airworthiness Directives; Boeing Federal holidays. The Docket this AD. We have not revised this AD Model 767 Airplanes Management Facility office (telephone in this regard. (800) 647–5227) is located on the plaza Request To Remove Terminating Action AGENCY: Federal Aviation level of the Nassif Building at the street Requirement Administration (FAA), Department of address stated in the ADDRESSES section. Transportation (DOT). Delta Air Lines requests that we do Discussion ACTION: Final rule. not mandate the terminating action The FAA issued a supplemental specified in paragraph (i) of the SUMMARY: The FAA is adopting a new notice of proposed rulemaking (NPRM) supplemental NPRM that would require airworthiness directive (AD) for all to amend 14 CFR part 39 to include an replacing the pump within 36 months. Boeing Model 767 airplanes. This AD AD that would apply to all Boeing Delta Air Lines states that if the 6,000- requires an inspection of each main tank Model 767 airplanes. That supplemental flight-hour or 24-month repetitive fuel boost pump for the presence of a NPRM was published in the Federal interval specified in paragraphs (f) and pump shaft flame arrestor, and if the Register on July 6, 2006 (71 FR 38304). (g) of the supplemental NPRM provide flame arrestor is missing, replacement of That supplemental NPRM proposed to an acceptable level of safety, then the that pump with a pump having a pump require an inspection of each main tank repetitive interval should be adequate shaft flame arrestor. This AD also fuel boost pump for the presence of a until an operator can schedule the requires repetitive measurements of the pump shaft flame arrestor, and if the terminating action specified in flame arrestor’s position in the pump, flame arrestor is missing, replacement of paragraph (i) of the supplemental and corrective actions if necessary. This that pump with a pump having a pump NPRM, if desired. AD also requires the replacement of the shaft flame arrestor. That supplemental We do not agree to remove the pump with a new or modified pump, NPRM also proposed to require requirement to do the terminating action which ends the repetitive repetitive measurements of the flame specified in paragraph (i) of this AD. We measurements. This AD results from arrestor’s position in the pump, and can better ensure long-term continued reports that certain fuel boost pumps corrective actions if necessary. That operational safety by modifications or may not have flame arrestors installed supplemental NPRM also proposed to design changes to remove the source of in the pump shaft and reports that the require the replacement of the pump the problem, rather than by repetitive pin that holds the flame arrestor in with a new or modified pump, which inspections/testing. Long-term place can break due to metal fatigue. We ends the repetitive measurements. inspections/testing may not provide the degree of safety necessary for the are issuing this AD to prevent the Comments possible migration of a flame from a transport airplane fleet. This, coupled main tank fuel boost pump inlet to the We provided the public the with a better understanding of the vapor space of that fuel tank, and opportunity to participate in the human factors associated with consequent ignition of fuel vapors, development of this AD. We have numerous repetitive inspections, has led which could result in a fire or considered the comments received. us to consider placing less emphasis on explosion. special procedures and more emphasis Request for Clarification of on design improvements. DATES: This AD becomes effective Replacement Requirement We developed the 36-month March 23, 2007. The Air Transport Association (ATA) compliance time for the replacement in The Director of the Federal Register of America, on behalf of one of its accordance with manufacturer approved the incorporation by reference member operators, Delta Air Lines, recommendations and we considered of certain publications listed in the AD requests that we explain why we the urgency associated with the subject as of March 23, 2007. propose to require replacing the pump unsafe condition, the availability of ADDRESSES: You may examine the AD shaft without including the option of required parts, and the practical aspect docket on the Internet at http:// replacing the shaft pin or periodically of accomplishing the required dms.dot.gov or in person at the Docket inspecting the pin. Delta states that modification within a period of time Management Facility, U.S. Department replacing the entire shaft would be at a that corresponds to the normal of Transportation, 400 Seventh Street, considerable cost and that a more cost- scheduled maintenance for most SW., Nassif Building, Room PL–401, effective solution would be to develop affected operators. However, according Washington, DC. a pin replacement repair. to the procedures specified in paragraph

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(l) of this AD, we may approve requests We acknowledge the need for However, MARPA states that a new to adjust the compliance time if the clarification of the unsafe condition class of affected individuals has request includes data that substantiate statement. We acknowledge that emerged since the majority of aircraft that the new compliance time would operation of a fuel pump with its inlet maintenance is now performed by provide an acceptable level of safety. below the surface of the fuel in the tank specialty shops instead of aircraft We have not revised this AD in this ensures that the ignition risk addressed owners and operators. MARPA states regard. by this AD is eliminated for the majority that this new class includes of the time the pump operates. maintenance and repair organizations Request To Coordinate With Pending However, ground fuel transfer (MRO), component servicing and repair Related Actions conditions can lead to dry operation of shops, parts purveyors and distributors ATA, on behalf of one its member the fuel pump. After the pump inlet is and organizations manufacturing or operators, Delta Air Lines, requests that again covered by fuel by the addition of servicing alternatively certified parts the supplemental NPRM be coordinated fuel to the tank, the pump operates for under section 21.303 (‘‘Replacement with any action that may be pending to a brief period of time until it is re- and modification parts’’) of the Federal address the fuel pump feed-through primed. During this period of operation Aviation Regulations (14 CFR 21.303). connector in order to avoid more pump with the inlet covered by fuel, there is Further, MARPA states that the concept removals than are required to still some risk of a tank ignition event of brevity is now nearly archaic as accomplish both actions. Delta Air Lines if an ignition source generating failure documents exist more frequently in believes that Boeing Alert Service occurs within a pump with a missing electronic format than on paper. Bulletins 767–28A0095 and 767– flame arrestor. Therefore, we have not We acknowledge that the Office of the 28A0096, both dated September 15, revised this AD in this regard. Federal Register (OFR) requires that 2005, which address the fuel pump documents that are necessary to feed-through connector, could be done Request To Incorporate Service accomplish the requirements of the AD concurrently with this supplemental Information be incorporated by reference during the NPRM. The Modification and Replacement of final rule phase of rulemaking. This We acknowledge that coordinating the Parts Association (MARPA) states that final rule incorporates by reference the actions in this AD with the actions typically ADs are based on service documents necessary for the specified in Boeing Alert Service information originating with the type accomplishment of the requirements Bulletins 767–28A0095 and 767– certificate holder or its suppliers. mandated by this AD. Further, we point 28A0096 may reduce the number of MARPA also states that manufacturer’s out that while documents that are pump removals. However, we have not service documents are privately incorporated by reference do become yet issued any AD rulemaking related to authored instruments generally enjoying public information, they do not lose those service bulletins, and to delay this copyright protection against duplication their copyright protection. For that action would be inappropriate, since we and distribution. MARPA contends that reason, we advise the public to contact have determined that an unsafe when a service document is the manufacturer to obtain copies of the condition exists and the requirements of incorporated by reference pursuant to 5 referenced service information. this AD must be done to ensure U.S.C. 552(a) and 1 CFR part 51 into a In regard to the commenter’s request continued operational safety. We are public document such as an AD, it loses to post service bulletins on the considering AD rulemaking related to its private, protected status and becomes Department of Transportation’s DMS, Boeing Alert Service Bulletins 767– itself a public document. MARPA we are currently in the process of 28A0095 and 767–28A0096, and we are explains that if a service document is reviewing issues surrounding the also considering how the compliance used as a mandatory element of posting of service bulletins on the DMS times specified in this AD will fit with compliance it should not simply be as part of an AD docket. Once we have the compliance times of that future referenced, but should be incorporated thoroughly examined all aspects of this rulemaking. Operators should note that into the regulatory document. MARPA issue and have made a final it is always permitted to accomplish the states that public laws by definition determination, we will consider requirements of any AD at a time earlier must be public which means they whether our current practice needs to be than the specified compliance time. We cannot rely for compliance upon private revised. No change to the AD is have not revised this AD in this regard. writings. MARPA is concerned that necessary in response to this comment. failure to incorporate essential service Request To Comply With FAA Order Request To Add Phrase to Unsafe information could result in a court Condition Statement decision invalidating the AD. 8040.2 Boeing requests that the phrase MARPA also states that incorporation The same commenter requests that the ‘‘should the pump inlets become by reference service documents should supplemental NPRM comply with FAA uncovered’’ be added to paragraph (d) of be made available to the public by Order 8040.2. The commenter states that the supplemental NPRM. The publication in the Docket Management for mandatory continuing airworthiness commenter notes that the phrase was System (DMS) keyed to the action that information (MCAI) (issued by an removed by the FAA in the incorporates them. MARPA explains aviation authority of another country) supplemental NPRM because the FAA that the stated purpose of the that require replacement or installation stated that ‘‘the pump inlet does not incorporation by reference method of of certain parts, the Order allows for need to be uncovered for ignited vapors the Federal Register is brevity; to keep replacement of parts approved under in the pump to cause a tank explosion.’’ from expanding the Federal Register section 21.303 (‘‘Replacement and The commenter contends that the fuel needlessly by publishing documents modification parts’’) of the Federal pump inlets being covered in fuel already in the hands of the affected Aviation Regulations (14 CFR 21.303) mitigates the unsafe condition because individuals. MARPA notes that based on a finding of identicality in the when the fuel pump inlets are covered, traditionally, ‘‘affected individuals’’ has FAA’s AD. The commenter notes that the inlets and pump cavity are full of meant aircraft owners and operators the supplemental NPRM is not from an liquid fuel in which no flame front who are generally provided service MCAI but believes that the principles of could develop. information by the manufacturer. the order should be universal.

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We do not agree. The supplemental • The commenter also requests that (f)(2) of this AD to ‘‘within 365 days NPRM did not address parts the supplemental NPRM be revised to after the date on which the airplane manufacturer approval (PMA) parts, as cover possible defective PMA accumulates 15,000 total flight hours or provided in draft FAA Order 8040.2, alternative parts so that those defective within 24 months after performing the because the Order was only a draft that PMA parts also are subject to the initial inspection required by paragraph was out for comment at the time. After supplemental NPRM. (f) of this AD, whichever occurs later.’’ issuance of the NPRM, the Order was • The commenter also points out that We made this change in order to give revised and issued as FAA Order 8040.5 ADs issued by directorates other than airplanes identified in paragraph (f)(2) with an effective date of September 29, the Transport Airplane Directorate that reach 15,000 total flight hours 2006. FAA Order 8040.5 does not contain wording that address PMA parts shortly after performing the initial address PMA parts in ADs and does not and requests that we use the wording inspection required by paragraph (f) a apply to domestic ADs. Therefore, we specified in an AD from the Small similar compliance time of 24 months have not revised the AD in this regard. Airplane Directorate. The commenter after performing the initial inspection notes that because the supplemental that is specified for airplanes in Request To Address the Use of PMA NPRM differs markedly in the treatment paragraphs (f)(1) and (g) of this AD. We Parts of this issue, the mandates contained in considered the safety issues and the The same commenter also requests Section 1, paragraph (b)(10) of Executive recommendations of the manufacturer that we revise the way we address the Order 12866 are not being met. and have determined that a 24-month use of PMA parts in the supplemental We recognize the need for interval after performing the initial NPRM. standardization on this issue and inspection will ensure an acceptable • currently are in the process of reviewing level of safety. The commenter requests that the such issues that address the use of Conclusion language in the supplemental NPRM be PMAs in ADs at the national level. The changed to permit installation of PMA Transport Airplane Directorate We have carefully reviewed the equivalent parts. The commenter states considers that to delay this particular available data, including the comments that the mandated installation of a AD action would be inappropriate, since received, and determined that air safety certain part number in the NPRM ‘‘is at we have determined that an unsafe and the public interest require adopting variance with the higher authority of 14 condition exists and that replacement of the AD with the change described CFR Section 21.303.’’ The commenter certain parts must be accomplished to previously. We have determined that notes that only safety issues can be ensure continued safety. Therefore, we this change will neither increase the addressed in airworthiness directives as have not revised the AD in this regard. economic burden on any operator nor set forth in Title 49 and ‘‘the prima facia increase the scope of the AD. invalidation of FAR 21.303’’ by AD Clarification of Compliance Time Costs of Compliance action is an economic issue not within Paragraph (f)(2) of the supplemental purview of the AD. NPRM specifies a compliance time of This AD affects about 915 airplanes • The commenter contends that it is ‘‘within 365 days after the date on worldwide, and 400 airplanes of U.S. illogical to require an operator to which the airplane accumulates 15,000 registry. The following table provides request approval of an AMOC in order total flight hours.’’ We have revised the the estimated costs for U.S. operators to to install an ‘‘equivalent’’ PMA part. compliance time specified in paragraph comply with this AD.

ESTIMATED COSTS

Average labor Action Work hours rate per hour Parts Cost per airplane Fleet cost

Inspection of flame arrestor 5 $80 None $400, per inspection cycle .... $160,000, per inspection presence/position. cycle. Replacement ...... 3 80 $25,004 $25,244...... 1 $10,097,600. 1 The parts manufacturer states that it may cover the cost of replacement parts associated with this AD for certain affected airplanes, subject to warranty conditions. As a result, the costs attributable to this AD may be less than stated above.

Authority for This Rulemaking the Administrator finds necessary for responsibilities among the various Title 49 of the United States Code safety in air commerce. This regulation levels of government. specifies the FAA’s authority to issue is within the scope of that authority For the reasons discussed above, I rules on aviation safety. Subtitle I, because it addresses an unsafe condition certify that this AD: Section 106, describes the authority of that is likely to exist or develop on (1) Is not a ‘‘significant regulatory the FAA Administrator. Subtitle VII, products identified in this rulemaking action’’ under Executive Order 12866; Aviation Programs, describes in more action. (2) Is not a ‘‘significant rule’’ under detail the scope of the Agency’s DOT Regulatory Policies and Procedures Regulatory Findings authority. (44 FR 11034, February 26, 1979); and We are issuing this rulemaking under We have determined that this AD will (3) Will not have a significant the authority described in Subtitle VII, not have federalism implications under economic impact, positive or negative, Part A, Subpart III, Section 44701, Executive Order 13132. This AD will on a substantial number of small entities ‘‘General requirements.’’ Under that not have a substantial direct effect on under the criteria of the Regulatory Flexibility Act. section, Congress charges the FAA with the States, on the relationship between promoting safe flight of civil aircraft in We prepared a regulatory evaluation the national government and the States, air commerce by prescribing regulations of the estimated costs to comply with or on the distribution of power and for practices, methods, and procedures this AD and placed it in the AD docket.

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See the ADDRESSES section for a location Instructions of Boeing Alert Service Bulletin Service Bulletin 767–28A0077 (for Model to examine the regulatory evaluation. 767–28A0077 (for Model 767–200, –300, and 767–200, –300, and –300F series airplanes) or –300F series airplanes) or Boeing Alert Boeing Alert Service Bulletin 767–28A0081 List of Subjects in 14 CFR Part 39 Service Bulletin 767–28A0081 (for Model (for Model 767–400ER series airplanes), both Air transportation, Aircraft, Aviation 767–400ER series airplanes), both Revision 1, Revision 1, both dated July 8, 2004, as applicable. Repeat the measurement of the safety, Incorporation by reference, both dated July 8, 2004, as applicable. Repeat the measurement of the flame arrestor’s flame arrestor’s position in the pump Safety. position in the pump thereafter at intervals thereafter at intervals not to exceed 6,000 Adoption of the Amendment not to exceed the applicable time specified in flight hours or 24 months, whichever comes paragraph (f)(1) or (f)(2) of this AD, until the first, until the replacement required by I Accordingly, under the authority replacement required by paragraph (i) of this paragraph (i) of this AD is accomplished. All delegated to me by the Administrator, AD is accomplished. All applicable applicable corrective actions must be done the FAA amends 14 CFR part 39 as corrective actions must be done before before further flight. follows: further flight. Note 4: Any inspection/measurement of Note 1: Any inspection/measurement of the pumps on the left and right main fuel PART 39—AIRWORTHINESS the pumps on the left and right main fuel tanks may be done separately provided that DIRECTIVES tanks may be done separately provided that the actions are done on all pumps within the the actions are done on all pumps within the compliance time specified in paragraph (g) of I 1. The authority citation for part 39 compliance time specified in paragraph (f) of this AD. continues to read as follows: this AD. (1) For airplanes that have accumulated Authority: 49 U.S.C. 106(g), 40113, 44701. (1) For airplanes that have accumulated more than 15,000 total flight hours as of the more than 15,000 total flight hours as of the effective date of this AD, do the actions § 39.13 [Amended] date the initial actions are done in within 365 days after the effective date of this I 2. The Federal Aviation accordance with paragraph (f) of this AD: AD. Administration (FAA) amends § 39.13 Repeat the measurement thereafter at (2) For airplanes that have accumulated intervals not to exceed 6,000 flight hours or 15,000 total flight hours or fewer as of the by adding the following new 24 months, whichever comes first. effective date of this AD, do the actions airworthiness directive (AD): (2) For airplanes that have accumulated within 365 days after the date on which the 2007–04–16 Boeing: Amendment 39–14948. 15,000 total flight hours or fewer as of the airplane accumulates 15,000 total flight Docket No. FAA–2005–20351; date the initial actions are done in hours. accordance with paragraph (f) of this AD: Do Directorate Identifier 2003–NM–269–AD. Optional Terminating Action—Records the measurement specified in paragraph (f) of Review Effective Date this AD within 365 days after the date on (a) This AD becomes effective March 23, which the airplane accumulates 15,000 total (h) For any period when the part number 2007. flight hours or within 24 months after (P/N) of a main tank fuel boost pump performing the initial inspection required by installed on any airplane, as conclusively Affected ADs paragraph (f) of this AD, whichever occurs determined from a review of airplane (b) None. later. Repeat the measurement thereafter at maintenance records, is P/N 5006003D, no further action is required by paragraphs (f), Applicability intervals not to exceed 6,000 flight hours or 24 months, whichever comes first. (g), and (i) of this AD for that pump only. (c) This AD applies to all Boeing Model 767–200, –300, –300F, and –400ER series Note 2: Boeing Alert Service Bulletins 767– Replacement of the Main Tank Fuel Boost airplanes, certificated in any category. 28A0077 and 767–28A0081 reference Pumps Hamilton Sundstrand Service Bulletin (i) Within 36 months after the effective Unsafe Condition 5006003–28–2, dated October 25, 2002, as an date of this AD, replace the left and right (d) This AD results from reports that additional source of service information for main tank fuel boost pumps with new or certain fuel boost pumps may not have flame accomplishment of the inspection and modified pumps in accordance with the arrestors installed in the pump shaft and corrective actions. Although the Hamilton Accomplishment Instructions of Boeing Alert reports that the pin that holds the flame Sundstrand service bulletin specifies to Service Bulletin 767–28A0088 (for Model arrestor in place can break due to metal return main tank fuel boost pumps with 767–200, –300, and –300F series airplanes) or fatigue. We are issuing this AD to prevent the damaged, broken, or out-of-position flame Boeing Alert Service Bulletin 767–28A0089 possible migration of a flame from a main arrestors to a repair shop, that action is not (for Model 767–400ER series airplanes), both tank fuel boost pump inlet to the vapor space required by this AD. dated February 24, 2005, as applicable. of that fuel tank, and consequent ignition of Note 3: For the purposes of this AD, a Accomplishment of the replacement fuel vapors, which could result in a fire or detailed inspection is: ‘‘An intensive terminates the repetitive measurement explosion. examination of a specific item, installation, requirements of paragraphs (f) and (g) of this AD for that pump only. Compliance or assembly to detect damage, failure, or irregularity. Available lighting is normally Note 5: Any replacement of the pumps on (e) You are responsible for having the supplemented with a direct source of good the left and right main fuel tanks may be actions required by this AD performed within lighting at an intensity deemed appropriate. done separately provided that all pumps are the compliance times specified, unless the Inspection aids such as mirror, magnifying replaced within the compliance time actions have already been done. lenses, etc., may be necessary. Surface specified in paragraph (i) of this AD. Inspection for Presence/Position of Flame cleaning and elaborate procedures may be Note 6: Boeing Alert Service Bulletins 767– Arrestor in Main Tank Fuel Boost Pumps required.’’ 28A0088 and 767–28A0089 reference (f) For airplanes having line numbers (g) For airplanes having L/Ns 915 and on, Hamilton Sundstrand Service Bulletin (L/Ns) 1 through 914 inclusive, except as except as provided by paragraph (h) of this 5006003–28–3, dated December 8, 2004, as provided by paragraph (h) of this AD: Within AD: At the applicable time specified in the appropriate source of service information 365 days after the effective date of this AD, paragraph (g)(1) or (g)(2) of this AD, do a for modifying the pump. do a detailed inspection of each main tank detailed inspection of each main tank fuel fuel boost pump to determine if the pump boost pump to determine if the pump shaft Inspections Accomplished According to shaft flame arrestor is installed, a flame arrestor is installed, a measurement of Previous Issue of Service Bulletin measurement of the flame arrestor’s position the flame arrestor’s position in the pump, (j) Inspections accomplished before the in the pump, and all applicable corrective and all applicable corrective actions, by effective date of this AD in accordance with actions, by accomplishing all the actions accomplishing all the actions specified in the Boeing Alert Service Bulletin 767–28A0077, specified in the Accomplishment Accomplishment Instructions of Boeing Alert dated March 6, 2003; or Boeing Alert Service

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Bulletin 767–28A0081, dated March 6, 2003; Alternative Methods of Compliance perform the actions that are required by this are considered acceptable for compliance (AMOCs) AD, unless the AD specifies otherwise. The with the corresponding action specified in (l)(1) The Manager, Seattle Aircraft Director of the Federal Register approved the paragraphs (f) and (g) of this AD. Certification Office, FAA, has the authority to incorporation by reference of these documents in accordance with 5 U.S.C. Parts Installation approve AMOCs for this AD, if requested in accordance with the procedures found in 14 552(a) and 1 CFR part 51. Contact Boeing (k) As of the effective date of this AD, only CFR 39.19. Commercial Airplanes, P.O. Box 3707, main tank fuel boost pumps identified in (2) Before using any AMOC approved in Seattle, Washington 98124–2207, for a copy paragraphs (k)(1) and (k)(2) of this AD may accordance with § 39.19 on any airplane to of this service information. You may review be installed on any airplane. which the AMOC applies, notify the copies at the FAA, Transport Airplane (1) Any main tank fuel boost pump that has appropriate principal inspector in the FAA Directorate, 1601 Lind Avenue, S.W., Renton, been inspected, and on which all applicable Flight Standards Certificate Holding District Washington; or at the National Archives and corrective actions have been performed, in Office. Records Administration (NARA). For accordance with paragraph (f) or (g) of this information on the availability of this AD. Material Incorporated by Reference material at NARA, call 202–741–6030, or go (2) Any main tank fuel boost pump having (m) You must use the applicable service to: http://www.archives.gov/federal-register/ P/N 5006003D. bulletin specified in Table 1 of this AD to cfr/ibr-locations.html.

TABLE 1.—MATERIAL INCORPORATED BY REFERENCE

Boeing alert service bulletin Revision level Date

767–28A0077 ...... 1 ...... July 8, 2004. 767–28A0081 ...... 1 ...... July 8, 2004. 767–28A0088 ...... Original ...... February 24, 2005. 767–28A0089 ...... Original ...... February 24, 2005.

Issued in Renton, Washington, on February DATES: This AD becomes effective MCAI and for this reason might not 5, 2007. March 23, 2007. follow our plain language principles. Ali Bahrami, The Director of the Federal Register Discussion Manager, Transport Airplane Directorate, approved the incorporation by reference Aircraft Certification Service. of certain publications listed in this AD We issued a notice of proposed [FR Doc. E7–2644 Filed 2–15–07; 8:45 am] as of March 23, 2007. rulemaking (NPRM) to amend 14 CFR BILLING CODE 4910–13–P ADDRESSES: You may examine the AD part 39 to include an AD that would docket on the Internet at http:// apply to the specified products. That dms.dot.gov or in person at the Docket NPRM was published in the Federal DEPARTMENT OF TRANSPORTATION Management Facility, U.S. Department Register on December 22, 2006 (71 FR of Transportation, 400 Seventh Street, 76950). That NPRM proposed to correct Federal Aviation Administration SW., Nassif Building, Room PL–401, an unsafe condition for the specified Washington, DC. products. The MCAI states reports of 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: cracks found on several main landing Albert J. Mercado, Aerospace Engineer, gear (MLG) cylinders. If not detected [Docket No. FAA–2006–26235; Directorate FAA, Small Airplane Directorate, 901 and corrected, fatigue cracks in the Identifier 2006–CE–65–AD; Amendment 39– shock strut cylinder of the MLG could 14945; AD 2007–04–13] Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– result in a collapsed MLG during takeoff 4119; fax: (816) 329–4090. or landing, and possible reduced RIN 2120–AA64 SUPPLEMENTARY INFORMATION: structural integrity of the airplane. The MCAI requires inspecting the MLG Airworthiness Directives; EADS Streamlined Issuance of AD forging body for cracks and repairing SOCATA Model TBM 700 Airplanes The FAA is implementing a new any cracks found. AGENCY: Federal Aviation process for streamlining the issuance of Comments Administration (FAA), Department of ADs related to MCAI. The streamlined Transportation (DOT). process will allow us to adopt MCAI We gave the public the opportunity to participate in developing this AD. We ACTION: Final rule. safety requirements in a more efficient manner and will reduce safety risks to considered the comments received. SUMMARY: We are adopting a new the public. This process continues to Comment Issue No. 1: Change the airworthiness directive (AD) for the follow all FAA AD issuance processes to Required Parts Cost in the Compliance products listed above. This AD results meet legal, economic, Administrative Section from mandatory continuing Procedure Act, and Federal Register airworthiness information (MCAI) requirements. We also continue to meet EADS SOCATA comments the cost for issued by an aviation authority of our technical decision-making the parts required to do the actions in another country to identify and correct responsibilities to identify and correct the proposed AD are totally out of an unsafe condition on an aviation unsafe conditions on U.S.-certificated proportion. EADS SOCATA states the product. The MCAI describes the unsafe products. application of SB 70–130, ATA No. 32, condition as cracks found on several This AD references the MCAI and dated January 2006, requires only two main landing gear cylinders. We are related service information that we cotter pins and this cost is negligible. issuing this AD to require actions to considered in forming the engineering The proposed AD states it will take correct the unsafe condition on these basis to correct the unsafe condition. approximately $125,600 to comply with products. The AD contains text copied from the the AD.

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In our cost estimate, we grouped all not increase the economic burden on Regulatory Findings actions required to comply with the AD, any operator or increase the scope of the We determined that this AD will not including replacement of any MLG AD. have federalism implications under found cracked. We have since learned Differences Between this AD and the Executive Order 13132. This AD will from EADS SOCATA that labor and MCAI or Service Information not have a substantial direct effect on parts costs for any cracked MLG will be the States, on the relationship between provided under warranty. We will We have reviewed the MCAI and the national government and the States, modify the Costs of Compliance section related service information and, in or on the distribution of power and to reflect the 3 work-hours to do the general, agree with their substance. But responsibilities among the various inspection and the warranty coverage we might have found it necessary to use levels of government. for the replacement MLG. different words from those in the MCAI For the reasons discussed above, I to ensure the AD is clear for U.S. Comment Issue No. 2: Change the certify this AD: operators and is enforceable in a U.S. Number of Work-Hours in the (1) Is not a ‘‘significant regulatory court of law. In making these changes, Compliance Section action’’ under Executive Order 12866; we do not intend to differ substantively (2) Is not a ‘‘significant rule’’ under EADS SOCATA comments they have from the information provided in the DOT Regulatory Policies and Procedures established, by applying the service MCAI and related service information. (44 FR 11034, February 26, 1979); and bulletin, it takes 2 work-hours per We might also have required different (3) Will not have a significant product to perform an eddy current actions in this AD from those in the economic impact, positive or negative, inspection, and it takes 3 work-hours MCAI in order to follow FAA policies. on a substantial number of small entities per product to perform a dye penetrant Any such differences are described in a under the criteria of the Regulatory or fluorescent penetrant inspection. separate paragraph of the AD. These Flexibility Act. The proposed AD states it will take requirements, if any, take precedence We prepared a regulatory evaluation approximately 18 work-hours to comply over the actions copied from the MCAI. of the estimated costs to comply with with the AD. this AD and placed it in the AD Docket. In our cost estimate, we grouped all Costs of Compliance actions required to comply with the AD, We estimate that this AD will affect Examining the AD Docket including replacement of any MLG 272 products of U.S. registry. We also You may examine the AD docket on found cracked. We have since learned estimate that it will take about 3 work- the Internet at http://dms.dot.gov; or in from EADS SOCATA that labor and hours per product to comply with the person at the Docket Management parts costs for any cracked MLG will be basic requirements (inspection) of this Facility between 9 a.m. and 5 p.m., provided under warranty. We will AD. The average labor rate is $80 per Monday through Friday, except Federal modify the Costs of Compliance section work-hour. Based on these figures, we holidays. The AD docket contains the to reflect the 3 work-hours to do the estimate the cost of the basic NPRM, the regulatory evaluation, any inspection and the warranty coverage requirements of this AD to the U.S. comments received, and other for the replacement MLG. operators to be $65,280, or $240 per information. The street address for the Comment Issue No. 3: Change the product. Docket Office (telephone (800) 647– Compliance Time In addition, follow-on actions 5227) is in the ADDRESSES section. Comments will be available in the AD EADS SOCATA comments that SB (possible MLG replacement) would be docket shortly after receipt. 70–130, ATA No. 32, dated January covered by EADS SOCATA under 2006, specifies for MLG with forging warranty (both parts and labor). We List of Subjects in 14 CFR Part 39 body totaling more than 3,500 landings have no way of determining the number of airplanes that would need this action. Air transportation, Aircraft, Aviation to inspect the forging body within 25 safety, Incorporation by reference, landings after issuance of the service Authority for This Rulemaking Safety. bulletin. However, the proposed AD lowers the limit to 3,475 landings. Title 49 of the United States Code Adoption of the Amendment EADS SOCATA states the limit of 3,500 specifies the FAA’s authority to issue I Accordingly, under the authority landings was established by analysis rules on aviation safety. Subtitle I, delegated to me by the Administrator, considering all necessary margins. section 106, describes the authority of the FAA amends 14 CFR part 39 as EADS SOCATA requests the FAA the FAA Administrator. ‘‘Subtitle VII: follows: change paragraph (e)(2) to read, ‘‘For Aviation Programs,’’ describes in more MLG with forging body totaling more detail the scope of the Agency’s authority. PART 39—AIRWORTHINESS than 3,500 landings:’’ or explain the DIRECTIVES reason for the difference in the FAA AD We are issuing this rulemaking under Differences section. the authority described in ‘‘Subtitle VII, I 1. The authority citation for part 39 After evaluating the service bulletin Part A, Subpart III, Section 44701: continues to read as follows: General requirements.’’ Under that further, we agree with the language Authority: 49 U.S.C. 106(g), 40113, 44701. presented by the commenter. We will section, Congress charges the FAA with change the final rule AD action based on promoting safe flight of civil aircraft in § 39.13 [Amended] this comment. air commerce by prescribing regulations I 2. The FAA amends § 39.13 by adding for practices, methods, and procedures the following new AD: Conclusion the Administrator finds necessary for We reviewed the available data, safety in air commerce. This regulation 2007–04–13 EADS SOCATA: Amendment including the comments received, and is within the scope of that authority 39–14945; Docket No. FAA–2006–26235; Directorate Identifier 2006–CE–65–AD. determined that air safety and the because it addresses an unsafe condition public interest require adopting the AD that is likely to exist or develop on Effective Date with the changes described previously. products identified in this rulemaking (a) This airworthiness directive (AD) We determined that these changes will action. becomes effective March 23, 2007.

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Affected ADs Albert J. Mercado, Aerospace Engineer, 901 DEPARTMENT OF TRANSPORTATION (b) None. Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329–4119; fax: (816) Federal Aviation Administration Applicability 329–4090, has the authority to approve (c) This AD applies to Model TBM 700 AMOCs for this AD, if requested using the 14 CFR Part 39 airplanes, serial numbers 1 through 9999, procedures found in 14 CFR 39.19. certificated in any category. (2) Airworthy Product: For any requirement [Document No. FAA–2007–27174; Reason in this AD to obtain corrective actions from Directorate Identifier 2007–CE–006–AD; Amendment 39–14944; AD 2007–04–12] (d) The mandatory continuing a manufacturer or other source, use these airworthiness information (MCAI) states actions if they are FAA-approved. Corrective RIN 2120–AA64 reports of cracks found on several main actions are considered FAA-approved if they landing gear (MLG) cylinders. If not detected are approved by the State of Design Authority Airworthiness Directives; Gippsland and corrected, fatigue cracks in the shock (or their delegated agent). You are required Aeronautics Pty. Ltd. Model GA8 strut cylinder of the MLG could result in a to assure the product is airworthy before it Airplanes collapsed MLG during takeoff or landing, and is returned to service. possible reduced structural integrity of the (3) Reporting Requirements: For any airplane. AGENCY: Federal Aviation reporting requirement in this AD, under the Administration (FAA), DOT. Actions and Compliance provisions of the Paperwork Reduction Act ACTION: Final rule; request for (e) Unless already done, do the following (44 U.S.C. 3501 et seq.), the Office of comments. actions. Management and Budget (OMB) has (1) As of March 23, 2007 (the effective date approved the information collection SUMMARY: We are adopting a new of this AD), for MLG with forging body requirements and has assigned OMB Control airworthiness directive (AD) for the totaling more than 1,750 landings but less Number 2120–0056. products listed above. This AD results than 3,501 landings since new: (i) Inspect the forging body for cracks Related Information from mandatory continuing airworthiness information (MCAI) within 100 landings after March 23, 2007 (the (g) Refer to MCAI European Aviation issued by the aviation authority of effective date of this AD) in accordance with Safety Agency (EASA) AD No. 2006–0085, the accomplishment instructions of EADS another country to identify and correct dated April 12, 2006, for related information. SOCATA TBM Aircraft Mandatory Service an unsafe condition on an aviation Bulletin SB 70–130, ATA No. 32, dated Material Incorporated by Reference product. The MCAI describes the unsafe January 2006. condition as: (ii) If no cracks are detected, repetitively (h) You must use EADS SOCATA TBM inspect thereafter every 175 landings. Aircraft Mandatory Service Bulletin SB 70– Inspection of a high time aircraft has (2) As of March 23, 2007 (the effective date 130, ATA No. 32, dated January 2006, to do revealed cracks in the Horizontal Stabiliser of this AD), for MLG with forging body the actions required by this AD, unless the rear spar splice plate and inboard main ribs totaling more than 3,500 landings since new: AD specifies otherwise. around the area of the Horizontal Stabiliser (i) Inspect the forging body for cracks (1) The Director of the Federal Register rear pivot attachment. Additionally, failure of within 25 landings after March 23, 2007 (the approved the incorporation by reference of some attach bolts in service may be due to improper assembly. effective date of this AD) in accordance with this service information under 5 U.S.C. the accomplishment instructions of EADS 552(a) and 1 CFR part 51. This AD requires actions that are SOCATA TBM Aircraft Mandatory Service (2) For service information identified in Bulletin SB 70–130, ATA No. 32, dated intended to address the unsafe January 2006. this AD, contact EADS SOCATA, Direction condition described in the MCAI. (ii) If no cracks are detected, repetitively des Services, 65921 Tarbes Cedex 9, France; DATES: This AD becomes effective inspect thereafter every 175 landings. telephone: 33 (0)5 62.41.73.00; fax: 33 (0)5 March 8, 2007. (3) If any cracks are detected during any 62.41.76.54. The Director of the Federal Register inspection required in paragraph (e) of this (3) You may review copies at the FAA, approved the incorporation by reference AD: Central Region, Office of the Regional of certain publications listed in this AD (i) Before further flight, remove the affected Counsel, 901 Locust, Room 506, Kansas City, as of March 8, 2007. landing gear leg and confirm the presence of Missouri 64106; or at the National Archives the crack with dye penetrant inspection or We must receive comments on this and Records Administration (NARA). For AD by March 19, 2007. fluorescent penetrant inspection. information on the availability of this (ii) If the crack is confirmed, before further material at NARA, call 202–741–6030, or go ADDRESSES: You may send comments by flight, contact EADS SOCATA to coordinate any of the following methods: the landing gear repair/replacement and then to: http://www.archives.gov/federal-register/ • cfr/ibr-locations.html. DOT Docket Web Site: Go to conform to any instruction stated by EADS http://dms.dot.gov and follow the SOCATA. Issued in Kansas City, Missouri, on (4) If you do not know the number of instructions for sending your comments February 8, 2007. electronically. landings, follow the instructions in the • Compliance section of EADS SOCATA TBM Kim Smith, Fax: (202) 493–2251. Aircraft Mandatory Service Bulletin SB 70– Manager, Small Airplane Directorate, Aircraft • Mail: Docket Management Facility, 130, ATA No. 32, dated January 2006. Certification Service. U.S. Department of Transportation, 400 FAA AD Differences [FR Doc. 07–670 Filed 2–15–07; 8:45 am] Seventh Street, SW., Nassif Building, BILLING CODE 4910–13–P Room PL–401, Washington, DC 20590– Note: This AD differs from the MCAI and/ 0001. or service information as follows: No • Hand Delivery: Room PL–401 on differences. the plaza level of the Nassif Building, Other FAA AD Provisions 400 Seventh Street, SW., Washington, (f) The following provisions also apply to DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. this AD: • (1) Alternative Methods of Compliance Federal eRulemaking Portal: http:// (AMOCs): The Manager, Standards Staff, www.regulations.gov. Follow the FAA, Small Airplane Directorate, ATTN: instructions for submitting comments.

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Examining the AD Docket You may obtain further information Comments Invited You may examine the AD docket on by examining the MCAI in the AD This AD is a final rule that involves the Internet at http://dms.dot.gov; or in docket. requirements affecting flight safety, and person at the Docket Management Relevant Service Information we did not precede it by notice and Facility between 9 a.m. and 5 p.m., opportunity for public comment. We Monday through Friday, except Federal Gippsland Aeronautics has issued invite you to send any written relevant holidays. The AD docket contains this Mandatory Service Bulletin SB–GA8– data, views, or arguments about this AD. AD, the regulatory evaluation, any 2002–02, Issue 4, dated January 4, 2007. Send your comments to an address comments received, and other The actions described in this service listed under the ADDRESSES section. information. The street address for the information are intended to correct the Include ‘‘Docket No. FAA–2007–27174; Docket Office (telephone (800) 647– unsafe condition identified in the Directorate Identifier 2007–CE–006– 5227) is in the ADDRESSES section. MCAI. AD’’ at the beginning of your comments. Comments will be available in the AD We specifically invite comments on the docket shortly after receipt. FAA’s Determination and Requirements overall regulatory, economic, FOR FURTHER INFORMATION CONTACT: of the AD environmental, and energy aspects of Doug Rudolph, Aerospace Engineer, 901 this AD. We will consider all comments This product has been approved by Locust, Room 301, Kansas City, received by the closing date and may the aviation authority of another Missouri 64106; telephone: (816) 329– amend this AD because of those country, and is approved for operation 4059; fax: (816) 329–4090. comments. in the United States. Pursuant to our SUPPLEMENTARY INFORMATION: We will post all comments we bilateral agreement with this State of receive, without change, to http:// Streamlined Issuance of AD Design Authority, they have notified us dms.dot.gov, including any personal The FAA is implementing a new of the unsafe condition described in the information you provide. We will also process for streamlining the issuance of MCAI and service information post a report summarizing each ADs related to MCAI. The streamlined referenced above. We are issuing this substantive verbal contact we receive process will allow us to adopt MCAI AD because we evaluated all about this AD. information provided by the State of safety requirements in a more efficient Authority for This Rulemaking manner and will reduce safety risks to Design Authority and determined the the public. This process continues to unsafe condition exists and is likely to Title 49 of the United States Code follow all FAA AD issuance processes to exist or develop on other products of the specifies the FAA’s authority to issue meet legal, economic, Administrative same type design. rules on aviation safety. Subtitle I, Procedure Act, and Federal Register section 106, describes the authority of Differences Between This AD and the requirements. We also continue to meet the FAA Administrator. ‘‘Subtitle VII: MCAI or Service Information our technical decision-making Aviation Programs,’’ describes in more detail the scope of the Agency’s responsibilities to identify and correct We have reviewed the MCAI and unsafe conditions on U.S.-certificated authority. related service information and, in We are issuing this rulemaking under products. general, agree with their substance. But This AD references the MCAI and the authority described in ‘‘Subtitle VII, we might have found it necessary to use Part A, Subpart III, Section 44701: related service information that we different words from those in the MCAI considered in forming the engineering General requirements.’’ Under that to ensure the AD is clear for U.S. section, Congress charges the FAA with basis to correct the unsafe condition. operators and is enforceable. In making The AD contains text copied from the promoting safe flight of civil aircraft in these changes, we do not intend to differ air commerce by prescribing regulations MCAI and for this reason might not substantively from the information follow our plain language principles. for practices, methods, and procedures provided in the MCAI and related the Administrator finds necessary for Discussion service information. safety in air commerce. This regulation The Civil Aviation Safety Authority We might also have required different is within the scope of that authority (CASA), which is the aviation authority actions in this AD from those in the because it addresses an unsafe condition for Australia, has issued CASA AD No. MCAI in order to follow FAA policies. that is likely to exist or develop on AD/GA8/5, Amdt 1, dated January 24, Any such differences are highlighted in products identified in this rulemaking 2007 (referred to after this as ‘‘the a Note within the AD. action. MCAI’’), to correct an unsafe condition Regulatory Findings for the specified products. The MCAI FAA’s Determination of the Effective states: Date We determined that this AD will not have federalism implications under Inspection of a high time aircraft has An unsafe condition exists that Executive Order 13132. This AD will revealed cracks in the Horizontal Stabiliser requires the immediate adoption of this rear spar splice plate and inboard main ribs not have a substantial direct effect on AD. The FAA has found that the risk to the States, on the relationship between around the area of the Horizontal Stabiliser the flying public justifies waiving notice rear pivot attachment. Additionally, failure of the national government and the States, some attach bolts in service may be due to and comment prior to adoption of this or on the distribution of power and improper assembly. rule because of potential cracking of the responsibilities among the various horizontal stabilizer structure, which The MCAI requires: levels of government. could lead to failure of the tailplane For the reasons discussed above, I This Airworthiness Directive addresses the assembly. Therefore, we determined certify that this AD: problem using 5 separate inspections. The that notice and opportunity for public first is a brief daily external inspection. The (1) Is not a ‘‘significant regulatory other 4 inspections are a mixture of internal comment before issuing this AD are action’’ under Executive Order 12866; and external inspections as well as some impracticable and that good cause exists (2) Is not a ‘‘significant rule’’ under parts replacement to be carried out at the for making this amendment effective in DOT Regulatory Policies and Procedures next periodic inspection. fewer than 30 days. (44 FR 11034, February 26, 1979); and

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(3) Will not have a significant Attachment Inspection,’’ of Gippsland Engineer, FAA, Small Airplane Directorate, economic impact, positive or negative, Aeronautics Mandatory Service Bulletin SB– ACE–112, 901 Locust, Room 301, Kansas on a substantial number of small entities GA8–2002–02, Issue 4, dated January 4, 2007; City, Missouri 64106; telephone: (816) 329– under the criteria of the Regulatory and, 4059; fax: (816) 329–4090, has the authority (ii) For all aircraft replace the left and right to approve AMOCs for this AD, if requested Flexibility Act. rear attach bolt following instruction ‘‘5. Rear using the procedures found in 14 CFR 39.19. We prepared a regulatory evaluation Attach Bolt Replacement,’’ of Gippsland of the estimated costs to comply with Aeronautics Mandatory Service Bulletin SB– (2) Airworthy Product: For any requirement this AD and placed it in the AD docket. GA8–2002–02, Issue 4, dated January 4, 2007. in this AD to obtain corrective actions from (2) Within the next 10 hours TIS after a manufacturer or other source, use these List of Subjects in 14 CFR Part 39 March 8, 2007 (the effective date of this AD); actions if they are FAA-approved. Corrective Air transportation, Aircraft, Aviation and repetitively thereafter at intervals not to actions are considered FAA-approved if they safety, Incorporation by reference, exceed 100 hours TIS or 12 months, are approved by the State of Design Authority Safety. whichever occurs first, for all aircraft: (or their delegated agent). You are required (i) Inspect the horizontal stabilizer to assure the product is airworthy before it Adoption of the Amendment externally following instruction ‘‘2. External is returned to service. Inspection (Lower flange, Stabilizer rear (3) Reporting Requirements: For any I Accordingly, under the authority spar),’’ of Gippsland Aeronautics Mandatory delegated to me by the Administrator, Service Bulletin SB–GA8–2002–02, Issue 4, reporting requirement in this AD, under the the FAA amends 14 CFR part 39 as dated January 4, 2007; and provisions of the Paperwork Reduction Act follows: (ii) Inspect the horizontal stabilizer (44 U.S.C. 3501 et. seq.), the Office of internally following instruction ‘‘4. Internal Management and Budget (OMB) has PART 39—AIRWORTHINESS Inspection,’’ of Gippsland Aeronautics approved the information collection DIRECTIVES Mandatory Service Bulletin SB–GA8–2002– requirements and has assigned OMB Control 02, Issue 4, dated January 4, 2007. Number 2120–0056. I 1. The authority citation for part 39 (3) Before further flight, if during the continues to read as follows: inspection required by paragraph (f)(2) of this Related Information AD any excessive local deflection or Authority: 49 U.S.C. 106(g), 40113, 44701. (h) Refer to MCAI CASA AD No. AD/GA8/ movement of the lower skin surrounding the 5, Amdt 1, dated January 24, 2007; and lower pivot attachment, cracking, or working § 39.13 [Amended] Gippsland Aeronautics Mandatory Service (loose) rivet is found, obtain an FAA- I 2. The FAA amends § 39.13 by adding approved repair scheme from the Bulletin SB–GA8–2002–02, Issue 4, dated the following new AD: manufacturer and incorporate this repair January 4, 2007, for related information. 2007–04–12 Gippsland Aeronautics Pty. scheme. Continued operational flight with Material Incorporated by Reference Ltd.: Amendment 39–14944; Docket No. un-repaired crack damage is not permitted. (i) You must use Gippsland Aeronautics FAA–2007–27174; Directorate Identifier FAA AD Differences Mandatory Service Bulletin SB–GA8–2002– 2007–CE–006–AD. Note: This AD differs from the MCAI and/ 02, Issue 4, dated January 4, 2007, to do the Effective Date or service information as follows: actions required by this AD, unless the AD (a) This airworthiness directive (AD) (1) ‘‘Requirement: 1. Daily Inspection specifies otherwise. becomes effective March 8, 2007. (Stabiliser attach bolt)’’ of the MCAI requires (1) The Director of the Federal Register a daily inspection of the stabilizer attach bolt. approved the incorporation by reference of Affected ADs The daily inspection is not a requirement of this service information under 5 U.S.C. this AD. Instead of the daily inspection, we (b) None. 552(a) and 1 CFR part 51. require you to perform, within 10 hours TIS, Applicability ‘‘Requirement 3. Rear Pivot Attachment (2) For service information identified in (c) This AD applies to all Model GA8 Inspection’’ and ‘‘Requirement 5. Rear this AD, contact Gippsland Aeronautics, airplanes, serial numbers GA8–00–004 and Attachment Bolt Replacement’’ of the MCAI. Attn: Technical Services, P.O. Box 881, up, certificated in any category. Compliance with requirement 3. and 5. is a Morwell Victoria 3840, Australia; fax: +61 03 terminating action for the daily inspection, 5172 1201; Internet: http:// Subject and we are requiring these within 10 hours www.gippsaero.com. (d) Air Transport Association of America TIS after the effective date of this AD. (3) You may review copies at the FAA, (ATA) Code 55: Stabilizers. (2) ‘‘Requirement: 2. External Inspection Central Region, Office of the Regional (Lower flange, Stabiliser rear spar)’’ of the Reason Counsel, 901 Locust, Kansas City, Missouri MCAI does not specify any action if 64106; or at the National Archives and (e) The mandatory continuing excessive local deflection or movement of Records Administration (NARA). For airworthiness information (MCAI) states: lower skin, cracking, or working (loose) rivet is found. We require obtaining and information on the availability of this Inspection of a high time aircraft has material at NARA, call 202–741–6030, or go revealed cracks in the Horizontal Stabiliser incorporating an FAA-approved repair to: http://www.archives.gov/federal-register/ rear spar splice plate and inboard main ribs scheme from the manufacturer before further around the area of the Horizontal Stabiliser flight. cfr/ibr-locations.html. rear pivot attachment. Additionally, failure of (3) The MCAI does not state if further flight Issued in Kansas City, Missouri, on with known cracks is allowed. FAA policy is some attach bolts in service may be due to February 6, 2007. improper assembly. to not allow further flight with known cracks in critical structure. We require that if any Kim Smith, Actions and Compliance cracks are found when accomplishing the Manager, Small Airplane Directorate, Aircraft (f) Unless already done, do the following inspection required in paragraph (f)(2) of this Certification Service. actions. AD, you must repair the cracks before further [FR Doc. E7–2516 Filed 2–15–07; 8:45 am] (1) Within the next 10 hours time-in- flight. service (TIS) after March 8, 2007 (the BILLING CODE 4910–13–P effective date of this AD): Other FAA AD Provisions (i) For all aircraft not incorporating CNC (g) The following provisions also apply to machined elevator hinges, inspect and repair this AD: as required, the left and right horizontal (1) Alternative Methods of Compliance stabilizer rear pivot attachment installation (AMOCs): The Manager, Standards Staff, following instruction ‘‘3. Rear Pivot FAA, ATTN: Doug Rudolph, Aerospace

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DEPARTMENT OF TRANSPORTATION Need for the Correction a.m. until 11:30 a.m., May 19, 2007. The This correction is needed to specify deviation is necessary as the drawbridge Federal Aviation Administration the correct section of the service is part of the annual route for the Quad bulletin necessary to do the actions of Cities Heart Walk. 14 CFR Part 39 AD 2004–23–02. DATES: This temporary deviation is effective from 9 a.m. until 11:30 a.m., [Docket No. 2003–CE–51–AD; Amendment Correction of Publication 39–13857; AD 2004–23–02] May 19, 2007. I Accordingly, the publication of ADDRESSES: Materials referred to in this RIN 2120–AA64 November 9, 2004 (69 FR 64842), of document are available for inspection or Airworthiness Directives; Raytheon Amendment 39–13857, AD 2004–23–02, copying at Room 2.107F in the Robert A. Aircraft Company 65, 90, 99, 100, 200, which was the subject of FR Doc. 04– Young Federal Building, 1222 Spruce and 1900 Series Airplanes, and Models 24718, is corrected as follows: Street, St. Louis, MO 63103–2832, 70 and 300 Airplanes between 8 a.m. and 4 p.m., Monday PART 39—AIRWORTHINESS through Friday, except Federal holidays. AGENCY: Federal Aviation DIRECTIVES The Bridge Administration Branch Administration (FAA), DOT. I 1. The authority citation for part 39 maintains the public docket for this ACTION: Final rule; correction. continues to read as follows: temporary deviation. Authority: 49 U.S.C. 106(g), 40113, 44701. FOR FURTHER INFORMATION CONTACT: SUMMARY: This document makes a Roger K. Wiebusch, Bridge correction to Airworthiness Directive § 39.13 [Corrected] Administrator, (314) 269–2378. (AD) 2004–23–02, which was published in the Federal Register on November 9, I 2. On page 64845, in § 39.13 SUPPLEMENTARY INFORMATION: The U.S. 2004 (69 FR 64842), and applies to all [Amended], in paragraph (e)(3), in the Army Rock Island Arsenal requested a Raytheon Aircraft Company (Raytheon) Procedures column, remove the phrase temporary deviation for the Rock Island 65, 90, 99, 100, 200, and 1900 series ‘‘Part III’’ and add ‘‘Part II’’ in its place. Railroad and Highway Drawbridge, mile airplanes and Models 70 and 300 Action is taken herein to correct this 482.9, at Rock Island, Illinois across the airplanes. AD 2004–23–2 requires reference in AD 2004–23–02 and to add Upper Mississippi River as the repetitive inspections of the nose this AD correction to § 39.13 of the drawbridge is along the route of the landing gear (NLG) fork for cracks with Federal Aviation Regulations (14 CFR annual Quad Cities Heart Walk. The replacement if cracks are found 39.13). Rock Island Railroad and Highway (replacement terminates repetitive The effective date remains December Drawbridge currently operates in inspections). Current language in 23, 2004. accordance with 33 CFR 117.5 which paragraph (e)(3) of AD 2004–23–02 Issued in Kansas City, Missouri, on requires the drawbridge to open references Part III of the February 9, 2007. promptly and fully for passage of Accomplishment Instructions of the David R. Showers, vessels when a request to open is given service bulletin instead of Part II. This Acting Manager, Small Airplane Directorate, in accordance with 33 CFR 117, Subpart document corrects that paragraph by Aircraft Certification Service. A. In order to facilitate the annual event, changing the reference from Part III to [FR Doc. E7–2754 Filed 2–15–07; 8:45 am] the drawbridge must be kept in the closed-to-navigation position. This Part II. BILLING CODE 4910–13–P deviation allows the drawbridge to DATES: The effective date of this AD remain closed-to-navigation for two and (2004–23–02) remains December 23, one-half hours from 9 a.m. until 11:30 2004. DEPARTMENT OF HOMELAND a.m., May 19, 2007. FOR FURTHER INFORMATION CONTACT: SECURITY There are no alternate routes for Steven E. Potter, Aerospace Engineer, Coast Guard vessels transiting this section of the Wichita Aircraft Certification Office Upper Mississippi River. (ACO), FAA, 1801 Airport Road, 33 CFR Part 117 The Rock Island Railroad and Wichita, Kansas 67209; telephone: (316) Highway Drawbridge, in the closed-to- 946–4124; facsimile: (316) 946–4407. [CGD08–07–002] navigation position, provides a vertical SUPPLEMENTARY INFORMATION: clearance of 23.8 feet above normal RIN 1625–AA09 Discussion pool. Navigation on the waterway Drawbridge Operation Regulation; consists primarily of commercial tows On November 1, 2004, the FAA issued Upper Mississippi River, Rock Island, and recreational watercraft. This AD 2004–23–02, Amendment 39–13857 IL temporary deviation has been (69 FR 64842, November 9, 2004), coordinated with waterway users. No which applies to all 65, 90, 99, 100, 200, AGENCY: Coast Guard, DHS. objections were received. and 1900 series airplanes and Models 70 ACTION: Notice of deviation from In accordance with 33 CFR 117.35(e), and 300 airplanes. AD 2004–23–2 drawbridge regulation. the drawbridge shall return to its regular requires repetitive inspections of the operating schedule immediately at the NLG fork for cracks with replacement if SUMMARY: The Commander, Eighth end of the designated time period. This cracks are found (replacement Coast Guard District has issued a deviation from the operating regulations terminates repetitive inspections). temporary deviation from the regulation is authorized under 33 CFR 117.35. Current language in paragraph (e)(3) of governing the operations of the Rock AD 2004–23–02 references Part III of the Island Railroad and Highway Dated: February 1, 2007. Accomplishment Instructions of Drawbridge, Mile 482.9, Rock Island, Roger K. Wiebusch, Raytheon Mandatory Service Bulletin Illinois across the Upper Mississippi Bridge Administrator. SB 32–2102, Revision 7, Revised: July, River. This deviation allows the bridge [FR Doc. E7–2795 Filed 2–15–07; 8:45 am] 2003, instead of Part II. to remain closed-to-navigation from 9 BILLING CODE 4910–15–P

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DEPARTMENT OF HOMELAND DATES: This temporary deviation is A. In order to facilitate the annual event, SECURITY effective from 7:30 a.m. until 11:30 a.m., the drawbridge must be kept in the September 23, 2007. closed-to-navigation position. This Coast Guard ADDRESSES: Materials referred to in this deviation allows the drawbridge to document are available for inspection or remain closed-to-navigation for four 33 CFR Part 117 copying at Room 2.107F in the Robert A. hours from 7:30 a.m. until 11:30 a.m., Young Federal Building, 1222 Spruce September 23, 2007. [CGD08–07–003] Street, St. Louis, MO 63103–2832, There are no alternate routes for between 8 a.m. and 4 p.m., Monday vessels transiting this section of the RIN 1625–AA09 through Friday, except Federal holidays. Upper Mississippi River. The Bridge Administration Branch The Rock Island Railroad and Drawbridge Operation Regulation; maintains the public docket for this Highway Drawbridge, in the closed-to- Upper Mississippi River, Rock Island, temporary deviation. navigation position, provides a vertical clearance of 23.8 feet above normal IL FOR FURTHER INFORMATION CONTACT: pool. Navigation on the waterway Roger K. Wiebusch, Bridge AGENCY: Coast Guard, DHS. consists primarily of commercial tows Administrator, (314) 269–2378. ACTION: Notice of deviation from and recreational watercraft. This drawbridge regulation. SUPPLEMENTARY INFORMATION: The U.S. temporary deviation has been Army Rock Island Arsenal requested a coordinated with waterway users. No SUMMARY: The Commander, Eighth temporary deviation for the Rock Island objections were received. Coast Guard District has issued a Railroad and Highway Drawbridge, mile In accordance with 33 CFR 117.35(e), temporary deviation from the regulation 482.9, at Rock Island, Illinois across the the drawbridge shall return to its regular governing the operations of the Rock Upper Mississippi River as the operating schedule immediately at the Island Railroad and Highway drawbridge is along the route of the end of the designated time period. This Drawbridge, Mile 482.9, Rock Island, annual Quad City Marathon. The Rock deviation from the operating regulations Illinois across the Upper Mississippi Island Railroad and Highway is authorized under 33 CFR 117.35. River. This deviation allows the bridge Drawbridge currently operates in to remain closed-to-navigation from 7:30 accordance with 33 CFR 117.5 which Dated: February 1, 2007. a.m. until 11:30 a.m., September 23, requires the drawbridge to open Roger K. Wiebusch, 2007. The deviation is necessary as the promptly and fully for passage of Bridge Administrator. drawbridge is part of the annual route vessels when a request to open is given [FR Doc. E7–2796 Filed 2–15–07; 8:45 am] for the Quad City Marathon. in accordance with 33 CFR 117, Subpart BILLING CODE 4910–15–P

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Proposed Rules Federal Register Vol. 72, No. 32

Friday, February 16, 2007

This section of the FEDERAL REGISTER to discuss certain issues raised in Anyone with Internet access who contains notices to the public of the proposed rulemakings issued in Docket Nos. desires to view this event can do so by issuance of rules and regulations. The RM05–32 and RM05–34. This is the navigating to www.ferc.gov’s Calendar purpose of these notices is to give interested second technical conference 1 being of Events and locating this event in the persons an opportunity to participate in the held as a follow-up to the Commission’s Calendar. The event will contain a link rule making prior to the adoption of the final 2 rules. Orders No. 667 and No. 669. The to its webcast. The Capitol Connection technical conference will be held from provides technical support for the free approximately 9 a.m. to 4 p.m. (EST) at webcasts. It also offers access to this DEPARTMENT OF ENERGY the Federal Energy Regulatory event via television in the DC area and Commission, 888 First Street, NE., via phone bridge for a fee. If you have Federal Energy Regulatory Washington, DC 20426, in the any questions, visit http:// Commission Commission Meeting Room. www.CapitolConnection.org or contact Commissioners are expected to attend. Danelle Perkowski or David Reininger at 18 CFR 2, 33, 365, and 366 All interested persons are invited to 703–993–3100. attend, and registration is not required. Commission conferences are [Docket No. AD07–2–000] The subject of this technical accessible under section 508 of the Technical Conference on Public Utility conference is whether the Commission’s Rehabilitation Act of 1973. For Holding Company Act of 1935 and current merger policy should be revised, accessibility accommodations please Enactment of the Public Utility Holding in particular whether the Commission’s send an e-mail to [email protected] Appendix A analysis is sufficient to or call toll free 1–866–208–3372 (voice) Company Act of 2005; Notice of identify market power concerns in or 202–208–1659 (TTY), or send a FAX Technical Conference today’s electric industry market to 202–208–2106 with the required February 9, 2007. environment. A further notice with a accommodations. AGENCY: Federal Energy Regulatory detailed agenda will be issued in For more information about this Commission, DOE. advance of the conference. conference, please contact: Sarah ACTION: Notice of Technical Conference. The Commission is now soliciting McKinley, Office of External Affairs, nominations for speakers at the Federal Energy Regulatory Commission, SUMMARY: The Federal Energy technical conference. Persons wishing (202) 502–8004, Regulatory Commission (Commission) is to nominate themselves as speakers [email protected]. should do so using this electronic link: holding a technical conference on Magalie R. Salas, March 8, 2007, to discuss certain issues https://www.ferc.gov/whats-new/ Secretary. raised in rulemakings issued in registration/puhca-03-08-speaker- Commission Docket Nos. RM05–32–000 form.asp. Such nominations must be [FR Doc. E7–2707 Filed 2–15–07; 8:45 am] and RM05–34–000. This is the second made before the close of business, BILLING CODE 6717–01–P conference being held as a follow-up to Thursday, February 15, 2007, so that an Commission Order Nos. 667 and No. agenda for the technical conference can 669. The Commission is now soliciting be drafted and published. DEPARTMENT OF COMMERCE nominations for speakers at the Transcripts of the conference will be Patent and Trademark Office technical conference. immediately available from Ace Reporting Company (202–347–3700 or DATES: Nominations must be made on or 37 CFR Part 1 before: February 15, 2007. 1–800–336–6646) for a fee. They will be available for the public on the FOR FURTHER INFORMATION CONTACT: [Docket No. PTO–C–2006–0057] Commission’s eLibrary system seven Sarah McKinley, Office of External calendar days after FERC receives the RIN 0651–AC09 Affairs, Federal Energy Regulatory transcript. Commission, 888 First Street, NE., April 2007 Revision of Patent A free webcast of this event will be Cooperation Treaty Procedures Washington, DC 20426, (202) 502–8004, available through http://www.ferc.gov. [email protected]. AGENCY: United States Patent and SUPPLEMENTARY INFORMATION: This 1 The first technical conference was held on Trademark Office, Commerce. conference addresses certain issues December 7, 2006, and primarily focused on matters ACTION: Notice of proposed rule making. raised in rulemakings issued in Docket pertaining to cross subsidization; cash management No. RM05–32–000 (70 FR 75592, programs and money pools; and exemptions, SUMMARY: The United States Patent and waivers and blanket authorizations set forth in December 20, 2005) and Docket No. Order Nos. 667 and 669. Trademark Office (USPTO or Office) is RM05–34–000 (71 FR 1348, January 6, 2 Repeal of the Public Utility Holding Company proposing to amend the rules of practice 2006). Act of 1935 and Enactment of the Public Utility in title 37 of the Code of Federal Holding Company Act of 2005, Order No. 667, Regulations (CFR) to conform them to Technical Conference on Public Utility FERC Stats. & Regs. ¶ 31,197 (2005), order on reh’g, certain amendments made to the Holding Company Act of 2005 and Order No. 667–A, FERC Stats. & Regs. ¶ 31,213, Regulations under the Patent Federal Power Act Section 203 Issues order on reh’g, Order No. 667–B, FERC Stats. & Regs. ¶ 31,224 (2006), reh’g pending; Transactions Cooperation Treaty (PCT) that will take February 9, 2007. Subject to FPA Section 203, Order No. 669, FERC effect on April 1, 2007. These Stats. & Regs. ¶ 31,200 (2006), order on reh’g, Order Take notice that on March 8, 2007, a No. 669–A, FERC Stats. Regs. ¶ 31,214 (2006), order amendments will result in the addition technical conference will be held at the on reh’g, Order No. 669–B, FERC Stats. & Regs. of a mechanism to the PCT system Federal Energy Regulatory Commission ¶ 31,225 (2006). whereby applicants may request that the

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right to claim priority be restored in of an obvious mistake may be made in international application containing an applications that meet certain an international application. earliest priority claim to a German requirements. In addition, these Alignment with the PLT: The PLT application filed thirteen months prior amendments will provide a means for provides for: (1) Restoration of to the filing date of the international applicants to insert a missing portion of applicant’s right to claim priority under application, the filing date of the an international application without the certain situations (PLT Article 13(2)); (2) German application will be used as the loss of the international filing date. insertion of a missing portion of an basis for computing time limits under These amendments also will clarify the application without the loss of the filing the PCT, including the thirty-month circumstances and procedures under date (PLT Article 5(6)); and (3) time period set forth in 37 CFR 1.495 to which the correction of an obvious substitution of the description and submit the basic national fee (§ 1.492(a)) mistake may be made in an drawings upon filing with a reference to to avoid abandonment, even though international application. Finally, the a previously filed application (PLT applicant would not be entitled to Office is proposing to revise the search Article 5(7)). The present amendments priority to the German application in fee for international applications. to the PCT Regulations will provide the United States national phase since Comment Deadline Date: Written similar mechanisms for applicants using the German application was filed more comments must be received on or before the PCT system. than twelve months from the March 19, 2007. No public hearing will With regard to restoration of international filing date. See 35 U.S.C. be held. applicant’s right to claim priority under 119(a) and 365(b). certain situations (PLT Article 13(2)), Concerning insertion of a missing ADDRESSES: Comments should be sent PCT Rule 26bis has been amended to portion of an application without the by electronic mail message via the provide for the restoration of the right loss of the filing date (PLT Article 5(6)) Internet addressed to: to claim priority in international and substitution of the description and [email protected]. Comments applications which have been filed drawings upon filing with a reference to may also be submitted by mail between twelve and fourteen months a previously filed application, these addressed to: Mail Stop Comments- after the priority date and in which the provisions could not be implemented to Patents, Commissioner for Patents, P.O. delay in filing the international the extent provided in the PLT absent Box 1450, Alexandria, VA, 22313–1450, application was either in spite of due amendment of the PCT Articles. or by facsimile to (571) 273–0459, care or unintentional. It must be noted However, similar provisions have been marked to the attention of Mr. Richard that PCT Rule 49ter provides for made in the PCT by amending PCT Cole. Although comments may be designated Offices whose national law Rules 4 and 20 to allow for the inclusion submitted by mail or facsimile, the is incompatible with the PCT provisions of an incorporation by reference Office prefers to receive comments via concerning restoration of the right of statement on the PCT Request form. the Internet. priority to take a reservation with Applicants may then rely on this The comments will be available for respect to the effects of this provision on statement to insert portions of the public inspection at the Office of the national applications. The United States international application (including the Commissioner for Patents, located in has taken this reservation pending entire description, claims, and/or Madison East, Tenth Floor, 600 Dulany passage of legislation that would drawings) which were missing upon the Street, Alexandria, Virginia, and will be implement the PLT in the United States. international filing date. 37 CFR available via the Office Internet Web site Therefore, any restoration of a right of 1.412(c)(1) already provides that the (address: http://www.uspto.gov). priority by the United States Receiving USPTO, in its capacity as a PCT Because comments will be made Office under this section, or by any Receiving Office, will accord available for public inspection, other Receiving Office under the international filing dates in accordance information that is not desired to be provisions of PCT Rule 26bis.3, will not with PCT Rule 20. Therefore, no change made public, such as an address or entitle applicants to a right of priority in to the rules of practice in title 37 CFR phone number, should not be included any application which has entered the is necessary to implement these in the comments. national stage under 35 U.S.C. 371, or in provisions, other than the deletion of 37 any application filed under 35 U.S.C. FOR FURTHER INFORMATION CONTACT: CFR 1.437(b) due to the fact that missing 111(a) which claims benefit under 35 Richard R. Cole, Legal Examiner, Office drawings are no longer handled in a U.S.C. 120 and 365(c) to an of PCT Legal Administration (OPCTLA) manner different from the description international application in which the directly by telephone at (571) 272–3281, and claims. right of priority has been restored. or by facsimile at (571) 273–0459. Whether or not applicant is entitled to Discussion of Specific Rules SUPPLEMENTARY INFORMATION: During the the right of priority continues to be Title 37 of the Code of Federal September-October 2005 meeting of the governed by whether applicant has Regulations, part 1, is proposed to be Governing Bodies of the World satisfied the provisions of 35 U.S.C. 119, amended as follows: Intellectual Property Organization 120, and 365. Section 1.17: Section 1.17(t) is (WIPO), the PCT Assembly adopted It must also be noted that even though proposed to be amended to set forth the various amendments to the Regulations restoration of such a right will not fee for requesting restoration of the right under the PCT that enter into force on entitle applicant to the right of priority of priority. April 1, 2007. The amended PCT in a subsequent United States Section 1.57: Section 1.57(a)(2) is Regulations were published in the PCT application, the priority date will still proposed to be amended to reflect that Gazette of February 23, 2006 (08/2006), govern all PCT time limits, including omitted portions of international in section IV, at pages 5496–5541. The the thirty-month period for filing applications, which applicant desires to purposes of these amendments are to: national stage papers and fees under 37 be effective in other designated States, (1) Bring the provisions of the PCT into CFR 1.495. PCT Article 2(ix), which must be submitted in accordance with closer alignment with the provisions of defines ‘‘priority date’’ for purposes of PCT Rule 20. the Patent Law Treaty (PLT); and (2) computing time limits, contains no Section 1.437: Section 1.437(a) is clarify the circumstances and limitation that the priority claim be proposed to be amended for clarity and procedures under which the correction valid. Thus, for example, in an to remove inaccurate language currently

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present in the paragraph. Section Section 1.452(c) provides that, in Manual of Patent Examining Procedure 1.437(b) is proposed to be deleted to cases where applicant has requested (MPEP) 1801. The primary benefit of the reflect the fact that missing drawings early publication, the requirements PCT system is the ability to delay the will no longer be treated differently under § 1.452(b) must be submitted expense of submitting papers and fees to from missing parts of the description or prior to completion of the technical the PCT national offices. See MPEP claims. Section 1.437(c) is proposed to preparations for international 1881. be redesignated as § 1.437(b). publication. 35 U.S.C. 376(b) provides that the Section 1.445: Section 1.445(a) is Section 1.452(d) sets forth that Director shall prescribe the amount of proposed to be amended to set a search restoration of a priority claim by the the search fee, the supplemental search fee that more accurately reflects the cost United States Receiving Office under fee, and such other fees as established of conducting a search and preparing a this section, or by any other Receiving by the Director. Pursuant to the Chapter I written opinion in an Office under the provisions of PCT Rule authority in 35 U.S.C. 376(b), this notice international application. The Activity- 26bis.3, will not entitle applicants to a proposes to adjust the search fee in Based-Cost analysis for the search and right of priority in any application § 1.445(b)(2)(iii) and the supplemental preparation of search and preparing which has entered the national stage search fee in § 1.445(b)(3) from Chapter I written opinions for under 35 U.S.C. 371, or in any $1,000.00 to $1,800.00 (an increase of international applications reveals that application filed under 35 U.S.C. 111(a) $800.00). This proposed adjustment to the average cost of this activity is over which claims benefit under 35 U.S.C. the search fee and supplemental search $1,800.00. Therefore, the Office is 120 and 365(c) to an international fee is to make these fees more accurately proposing to revise § 1.445(a) to provide application in which the right to reflect the cost of conducting a search for a search fee (and supplemental priority has been restored. and preparing a Chapter I written search fee) of $1,800.00. In addition, the Section 1.465: Section 1.465(b) is opinion in an international application. Office is proposing to revise § 1.445(a) proposed to be amended for clarity and The PCT does not preclude United to provide that this $1,800.00 search fee to remove the limitation that the priority States applicants from filing patent is applicable, regardless of whether claim must be ‘‘valid’’ in order to be applications directly in the patent there is a corresponding prior used as the basis for computing time offices of those countries which are limits under the PCT. Contracting States of the PCT (with or nonprovisional application under 35 Section 1.465(c) is proposed to be without previously having filed a U.S.C. 111(a), a corresponding prior deleted as unnecessary, as the obligation regular national application under 35 provisional application under 35 U.S.C. of the United States Receiving Office to U.S.C. 111(a) or 111(b) in the United 111(b), or no corresponding prior proceed under PCT Rule 26bis.2 arises States) and taking advantage of the provisional or nonprovisional under 35 U.S.C. 361. In addition, priority rights and other advantages application under 35 U.S.C. 111. The reference to Rule 20.2(a)(i) or (iii) is no provided under the Paris Convention Office currently provides a reduced longer appropriate in view of the and the World Trade Organization search fee if there is a corresponding amendments to PCT Rule 20. (WTO) administered Agreement on prior nonprovisional application under Trade-Related Aspects of Intellectual Rule Making Considerations 35 U.S.C. 111(a) and such application is Property (TRIPs Agreement). See MPEP adequately identified in the Regulatory Flexibility Act: For the 1801. That is, the PCT is not the international application or reasons set forth herein, the Deputy exclusive mechanism for seeking patent accompanying papers at the time of General Counsel for General Law of the protection in foreign countries, but is filing the international application. The United States Patent and Trademark instead simply an optional alternative current backlog of applications under 35 Office has certified to the Chief Counsel route available to United States patent U.S.C. 111(a) awaiting examination is for Advocacy of the Small Business applicants for seeking patent protection such that it is no longer deemed Administration that the changes in those countries that are Contracting appropriate to provide a reduced fee or proposed in this notice (if adopted) will States of the PCT. See id. other incentive for applicants to file an not have a significant economic impact In addition, an applicant filing an application under 35 U.S.C. 111(a) prior on a substantial number of small international application under the PCT to or essentially parallel with the filing entities. See 5 U.S.C. 605(b). The in the United States Receiving Office of an international application. significant changes proposed in this (the United States Patent and Trademark Section 1.452: Section 1.452 is notice are: (1) Provisions for a Office) is not required to use the United proposed to be added to provide for restoration of a right of priority in States Patent and Trademark Office as restoration of the right of priority in certain limited situations; and (2) an the International Searching Authority. international applications (subject to the adjustment of the search and The European Patent Office (except for enumerated conditions and limitations). supplemental search fee to more applications containing business Section 1.452(a) provides that accurately reflect the cost of conducting method claims) or the Korean applicants may request restoration of a search and preparing a Chapter I Intellectual Property Office may be the right of priority if the international written opinion in an international elected as the International Searching application was filed within fourteen application. Authority for international applications months from the priority date and the The PCT enables United States filed in the United States Receiving delay in filing the international applicants to file one application (an Office. The applicable search fee if the application was unintentional. international or PCT application) in a European Patent Office is elected as the Section 1.452(b) provides that any standardized format in English in the International Searching Authority request for restoration must be filed United States Receiving Office (the European is $2,059.00 (set by the within fourteen months from the United States Patent and Trademark European Patent Office), and the priority date and must be accompanied Office) and have that application applicable search fee if the Korean by: (1) A notice adding the priority acknowledged as a regular national or Intellectual Property Office is elected as claim, if applicable; (2) the requisite fee; regional filing in as many PCT the International Searching Authority is and (3) a statement that the entire delay Contracting States as the applicants $232.00 (set by the Korean Intellectual was unintentional. desire to seek patent protection. See Property Office).

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In 2003, the Government restoration of the right of priority of information displays a currently valid Accountability Office (GAO) released a $1,370.00. This fee amount is identical OMB control number. report containing the results of a survey to the fee amount for petitions to accept List of Subjects in 37 CFR Part 1 of an expert panel of patent law an unintentionally delayed claim for attorneys concerning small businesses priority under 35 U.S.C. 119, 120, 121, Administrative practice and considering foreign patent protection or 365(a) (37 CFR 1.55 and 1.78). In procedure, Courts, Freedom of with respect to the ‘‘cradle to grave’’ addition, the Office anticipates that very Information, Inventions and patents, costs of foreign patent protection. See few applicants will file a request for the Reporting and record keeping Experts’’ Advice for Small Businesses restoration of the right of priority (about requirements, Small businesses. Seeking Foreign Patents, GAO–03–910 100 each year, in comparison to the over For the reasons set forth in the (2003). The GAO concluded that the 45,000 international applications filed preamble, 37 CFR Part 1 is proposed to cost of obtaining and maintaining in the United States Receiving Office be amended as follows: foreign patents to be in the range of each year). $160,000 to $330,000. See Id. at 41. For the reasons stated previously, the PART 1—RULES OF PRACTICE IN Therefore, the international search fee changes proposed in this notice (if PATENT CASES increase of $800.00 is not significant in adopted) will not have a significant comparison to the overall costs that a economic impact on a substantial 1. The authority citation for 37 CFR small entity must incur to obtain number of small entities. Part 1 continues to read as follows: international patent protection. In Executive Order 13132: This rule Authority: 35 U.S.C. 2(b)(2). addition, filing an international making does not contain policies with 2. Section 1.17 is amended by revising application under the PCT is an federalism implications sufficient to paragraph (t) to read as follows: optional route for an applicant seeking warrant preparation of a Federalism foreign patent protection, and an Assessment under Executive Order § 1.17 Patent application and applicant who does not choose to seek 13132 (Aug. 4, 1999). reexamination processing fees. foreign patent protection by filing an Executive Order 12866: This rule * * * * * international application under the PCT making has been determined to be (t) For the acceptance of an in the United States Receiving Office significant for purposes of Executive unintentionally delayed claim for (the United States Patent and Trademark Order 12866 (Sept. 30, 1993). priority under 35 U.S.C. 119, 120, 121, Office) is not required to use the United Paperwork Reduction Act: This notice or 365(a) (§§ 1.55 and 1.78) or for filing States Patent and Trademark Office as involves information collection a request for the restoration of the right the International Searching Authority. requirements which are subject to of priority under § 1.452—$1,370.00. Pursuant to the authority in 35 U.S.C. review by the Office of Management and 3. Section 1.57 is amended by revising 376(b), this notice proposes to eliminate Budget (OMB) under the Paperwork paragraph (a)(2) to read as follows: the reduced search fee in § 1.445(b)(2)(i) Reduction Act of 1995 (44 U.S.C. 3501 or (ii) when there is a corresponding et seq.). The collection of information § 1.57 Incorporation by reference. prior nonprovisional application under involved in this notice has been (a) * * * 35 U.S.C. 111(a) and thereby adjusting reviewed and approved by OMB under (2) Any amendment to an the search fee in the situation in which OMB control number 0651–0021. The international application pursuant to there is a corresponding prior United States Patent and Trademark this paragraph shall be effective only as nonprovisional application under 35 Office is not resubmitting an to the United States, and shall have no U.S.C. 111(a) from $300.00 to $1,800.00 information collection package to OMB effect on the international filing date of (an increase of $1,500.00). As discussed for its review and approval because the the application. In addition, no request previously, this proposed adjustment to changes in this notice do not affect the under this section to add the the search fee is to make these fees more information collection requirements inadvertently omitted portion of the accurately reflect the cost of conducting associated with the information specification or drawings in an a search and preparing a Chapter I collection under OMB control number international application designating written opinion in an international 0651–0021. the United States will be acted upon by application. An applicant has the option Interested persons are requested to the Office prior to the entry and of filing a provisional application under send comments regarding these commencement of the national stage 35 U.S.C. 111(b) (rather than a information collections, including (§ 1.491) or the filing of an application nonprovisional application under 35 suggestions for reducing this burden, to: under 35 U.S.C. 111(a) which claims U.S.C. 111(a)) or not filing a prior (1) The Office of Information and benefit of the international application. application before filing an international Regulatory Affairs, Office of Any omitted portion of the international application. These alternatives are Management and Budget, New application which applicant desires to available at a lower overall cost in Executive Office Building, Room 10202, be effective as to all designated States, patent fees (even with the proposed 725 17th Street, NW., Washington, DC subject to PCT Rule 20.8(b), must be adjustment in the search fee) than the 20503, Attention: Desk Officer for the submitted in accordance with PCT Rule cost in patent fees of filing a Patent and Trademark Office; and (2) 20. nonprovisional application under 35 Robert A. Clarke, Deputy Director, * * * * * U.S.C. 111(a) before filing an Office of Patent Legal Administration, 4. Section 1.437 is revised to read as international application. This is the Commissioner for Patents, P.O. Box follows: case even taking into account the 1450, Alexandria, VA 22313–1450. current reduced search fee for there Notwithstanding any other provision § 1.437 The drawings. being a corresponding prior of law, no person is required to respond (a) Drawings are required when they nonprovisional application under 35 to nor shall a person be subject to a are necessary for the understanding of U.S.C. 111(a). penalty for failure to comply with a the invention (PCT Art. 7). Pursuant to the authority in 35 U.S.C. collection of information subject to the (b) The physical requirements for 376(b), this notice proposes to establish requirements of the Paperwork drawings are set forth in PCT Rule 11 a fee for filing a request for the Reduction Act unless that collection of and shall be adhered to.

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5. Section 1.445 is amended by § 1.465 Timing of application processing package performance tests. By contrast, revising paragraphs (a)(2) and (a)(3) to based on the priority date. other adult fowl (such as turkeys, guinea read as follows: * * * * * fowl, doves, pigeons, pheasants, (b) When a claimed priority date is partridges, and quail) must be mailed in § 1.445 International application filing, corrected under PCT Rule 26bis.1(a), or containers approved by the manager of processing and search fees. a priority claim is added under PCT Mailing Standards. The container (a) * * * Rule 26bis.1(a), withdrawn under PCT standards for other adult fowl are more (2) A search fee (see 35 U.S.C. 361(d) Rule 90bis.3, or considered not to have stringent than the standards for adult and PCT Rule 16)—$1,800.00 been made under PCT Rule 26bis.2, the chickens. Because there is no (3) A supplemental search fee when priority date for the purposes of compelling reason to treat adult required, per additional invention— computing any non-expired time limits chickens differently from other adult $1,800.00. will be the filing date of the earliest fowl, the revised standards will require * * * * * remaining priority claim under PCT adult chickens to be mailed in the same 6. Section 1.452 is added to read as Article 8 of the international containers approved by Mailing follows: application, or if none, the international Standards for use with other adult fowl. filing date. Vendors who wish to submit a § 1.452 Restoration of right of priority. * * * * * container for USPS approval can contact (a) If the international application has the office of Mailing Standards for a list Dated: February 12, 2007. an international filing date which is of container criteria. Additionally, the later than twelve months from the Jon W. Dudas, term ‘‘biologically secure’’ has been priority date but within the period of Under Secretary of Commerce for Intellectual replaced by the word ‘‘secure’’ to fourteen months from the priority date, Property, and Director of the United States eliminate any implication that such Patent and Trademark Office. the right of priority in the international packaging will completely prevent the application may be restored upon [FR Doc. E7–2761 Filed 2–15–07; 8:45 am] spread of disease during handling. request if the delay in filing the BILLING CODE 3510–16–P Although we are exempt from the international application within the notice and comment requirements of the period of twelve months from the Administrative Procedure Act [5 U.S.C. priority date was unintentional. POSTAL SERVICE of 553(b), (c)] regarding proposed (b) A request to restore the right of rulemaking by 39 U.S.C. 410(a), we 39 CFR Part 111 priority in an international application invite public comment on the following under paragraph (a) must be filed not Revised Standards for Mailing Adult proposed revisions to Mailing Standards later than fourteen months from the Fowl of the United States Postal Service, priority date and must include: Domestic Mail Manual (DMM), (1) A notice under PCT Rule AGENCY: Postal Service. incorporated by reference in the Code of 26bis.1(a) adding the priority claim, if ACTION: Proposed rule. Federal Regulations. See 39 CFR 111.1. the priority claim in respect of the List of Subjects in 39 CFR Part 111 earlier application is not contained in SUMMARY: The Postal Service proposes the international application; new requirements for containers used Administrative practice and (2) The fee set forth in § 1.17(t); and for mailing adult chickens. Currently, procedure, Postal Service. (3) A statement that the entire delay we require all mailable adult fowl other Accordingly, 39 CFR part 111 is was unintentional. The Director may than chickens to be mailed in containers proposed to be amended as follows: approved by the manager of Mailing require additional information where PART 111—[AMENDED] there is a question whether the delay Standards. With this proposal, we was unintentional. intend to require adult chickens to be 1. The authority citation for 39 CFR mailed in approved containers also. (c) If the applicant makes a request for Part 111 continues to read as follows: early publication under PCT Article DATES: We must receive your comments on or before March 19, 2007. Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 21(2)(b), any requirement under 401, 403, 404, 414, 416, 3001–3011, 3201– paragraph (b) of this section filed after ADDRESSES: Mail or deliver written 3219, 3403–3406, 3621, 3626, 5001. comments to the Manager, Mailing the technical preparations for 2. Revise the following sections of Standards, U.S. Postal Service, 475 international publication have been Mailing Standards of the United States L’Enfant Plaza SW., Room 3436, completed by the International Bureau Postal Service, Domestic Mail Manual Washington, DC 20260–3436. You may shall be considered as not having been (DMM), as follows: submitted in time. inspect and photocopy all written (d) Restoration of a right of priority to comments at Postal Service 600 Basic Standards for All Mailing a prior application by the United States Headquarters Library, 475 L’Enfant Services Receiving Office under this section, or Plaza SW., 11th Floor N, Washington, 601 Mailability by any other Receiving Office under the DC between 9 a.m. and 4 p.m., Monday provisions of PCT Rule 26bis.3, will not through Friday. * * * * * entitle applicants to a right of priority in FOR FURTHER INFORMATION CONTACT: Bert 9.0 Perishables Olsen, 202–268–7276. any application which has entered the * * * * * national stage under 35 U.S.C. 371, or in SUPPLEMENTARY INFORMATION: To any application filed under 35 U.S.C. promote the safety of Postal Service 9.3 Live Animals 111(a) which claims benefit under 35 employees, customers, and all mailed * * * * * U.S.C. 120 and 365(c) to an adult fowl, we propose to revise our international application in which the requirements for containers used for 9.3.4 Adult Fowl right to priority has been restored. mailing adult chickens. Current mailing [Revise 9.3.4 as follows:] 7. Section 1.465 is amended by standards permit adult chickens to be Disease-free adult fowl are mailable revising paragraph (b) to read as follows: mailed in containers that pass basic domestically when shipped under

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applicable law in accordance with Secretariat on or before April 17, 2007 system of management and internal 601.1.7. Adult chickens, turkeys, guinea to be considered in the formulation of controls in connection with Government fowl, doves, pigeons, pheasants, a final rule. contracts; establish contract dollar partridges, and quail as well as ducks, ADDRESSES: Submit comments thresholds for display of the agency geese, and swans are mailable as identified by FAR case 2006–007 by any Inspector General poster; provide follows: of the following methods: instructions for obtaining the hotline a. The mailer must send adult fowl by • Federal eRulemaking Portal: http:// posters; and provide exemptions to Express Mail in secure containers www.regulations.gov.Search for any displaying posters. However, the approved by the manager of Mailing document by first selecting the proper agencies’ policies differ on the contract Standards (see 608.8.0 for address). document types and selecting ‘‘Federal dollar thresholds and the address and b. The number of birds per parcel Acquisition Regulation’’ as the agency phone number of the Office of the must follow the container manufacturer of choice. At the ‘‘Keyword’’ prompt, Inspector General (OIG) to obtain a limits and each bird must weigh more type in the FAR case number (for fraud hotline poster. than 6 ounces. example, FAR Case 2006–007) and click In view of the significant sums of c. Indemnity may be paid only for on the ‘‘Submit’’ button. Please include Federal dollars spent by agencies to loss, damage, or rifling, and not for any personal and/or business acquire goods and services, this rule death of the birds in transit if there is information inside the document.You establishes a clear and consistent policy no visible damage to the mailing may also search for any document by regarding contractor code of ethics and container. clicking on the ‘‘Advanced search/ business conduct, responsibility to [Delete 9.3.5, Adult Chickens, and document search’’ tab at the top of the avoid improper business practices, and renumber 9.3.6 through 9.3.13 as new screen, selecting from the agency field procedures for displaying an agency 9.3.5 through 9.3.12.] ‘‘Federal Acquisition Regulation’’, and OIG Fraud Hotline poster to facilitate * * * * * typing the FAR case number in the the reporting of wrongdoing in Federal We will publish an appropriate keyword field. Select the ‘‘Submit’’ contracting. This rule also recognizes amendment to 39 CFR Part 111 to reflect button. the need for agencies to cooperate with these changes if our proposal is • Fax: 202–501–4067. the Department of Homeland Security to adopted. • Mail: General Services ensure that contracts funded with disaster assistance funds require display Neva R. Watson, Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, of any event-specific fraud hotline Attorney, Legislative. posters announcing ad hoc or other [FR Doc. E7–2817 Filed 2–15–07; 8:45 am] ATTN: Laurieann Duarte, Washington, DC 20405. special hotline reporting information BILLING CODE 7710–12–P Instructions: Please submit comments applicable to the specific contract. This only and cite FAR case 2006–007 in all rule proposes amending the FAR to add correspondence related to this case. All FAR Subpart 3.10, Contractor Code of DEPARTMENT OF DEFENSE comments received will be posted Ethics and Business Conduct, that without change to http:// will— GENERAL SERVICES 1. Define the ‘‘United States’’ to mean www.regulations.gov, including any ADMINISTRATION the 50 States, the District of Columbia personal and/or business confidential and outlying areas as used in FAR information provided. NATIONAL AERONAUTICS AND 25.003, and exclude contracts SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Mr. performed outside the United States Ernest Woodson, Procurement Analyst, from the requirements of the rule. 48 CFR Parts 2, 3, and 52 at (202) 501–3775 for clarification of 2. Include policy stating that content. For information pertaining to [FAR Case 2006–007; Docket 2007–0001; contractors ‘‘should’’ have a code of Sequence 1] status or publication schedules, contact ethics and business conduct. the FAR Secretariat at (202) 501–4755. 3. Exclude commercial item contracts RIN 9000–AK67 Please cite FAR case 2006–007. awardedpursuant to FAR Part 12 from SUPPLEMENTARY INFORMATION: Federal Acquisition Regulation; FAR the requirements of the rule, because the rule will not implement statute or Case 2006–007, Contractor Code of A. Background Ethics and Business Conduct executive order, and because ethics FAR Part 3 provides guidance on programs and hotline posters are not AGENCIES: Department of Defense (DoD), improper business practices and standard commercial practices as General Services Administration (GSA), personal conflicts of interest, but it does stipulated by the Federal Acquisition and National Aeronautics and Space not discuss the contractor’s Streamlining Act. Administration (NASA). responsibilities with regard to code of 4. Provide that contractors receiving ACTION: Proposed rule with request for ethics and business conduct and the awards inexcess of $5,000,000 that have comments. avoidance of improper business performance periods of 120 days or practices. Currently, three agencies (the more, shall have a written code of ethics SUMMARY: The Civilian Agency Departments of Defense, Veterans and business conduct within 30 days Acquisition Council and the Defense Affairs, and the Environmental after contract award. Furthermore, the Acquisition Regulations Council Protection Agency) maintain policy for contractor shall promote compliance by (Councils) are proposing to amend the contractor code of ethics and business establishing, within 90 days after Federal Acquisition Regulation (FAR) to conduct and the contractor’s contract award, an employee ethics and address Contractor Code of Ethics and responsibility to avoid improper compliance training program and an Business Conduct and the display of business practices. With few exceptions, internal control system proportionate to Federal agency Office of the Inspector the agencies’ clauses and prescriptions the size of the company and extent of its General (OIG) Fraud Hotline Poster. are very similar to one another, in that business with the Federal Government. DATES: Interested parties should submit they– establish agency policy and 5. Provide that contractors receiving written comments to the FAR recommend contents of a contractor’s awards inexcess of $5,000,000 shall

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display the agency OIG fraud hotline approval of the Office of Management 3.1002 Policy. poster and, when appropriate, any and Budget under 44 U.S.C. 3501, et Government contractors must conduct special disaster relief poster from seq. themselves with the highest degree of Department of Homeland Security, at List of Subjects in 48 CFR Parts 2, 3, integrity and honesty. Contractors work locations in the United States and and 52 should have a written code of ethics and at the company website if the contractor business conduct. To promote has established a company website for Government procurement. compliance with such code of ethics the purposes of providing information Dated:February 7, 2007. and business conduct, contractors to employees. should have an employee ethics and Ralph De Stefano, 6. Provide alternates to the basic compliance training program and an clause to accommodate those agencies Director, Contract Policy Division. internal control system that– that do not have posters and to Therefore, DoD, GSA, and NASA (a) Are suitable to the size of the accommodate agencies that choose to propose amending 48 CFR parts 2, 3, company and extent of its involvement require the display of a fraud hotline and 52 as set forth below: in Government contracting; poster at contract award thresholds at or 1. The authority citation for 48 CFR (b) Facilitate timely discovery and below $5,000,000. parts 2, 3, and 52 continues to read as disclosure of improper conduct in 7. Include a flowdown provision that follows: connection with Government contracts; applies tosubcontracts at the same and dollar level as the prime contract. Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). (c) Ensure corrective measures are 8. Provide for remedies if the promptly instituted and carried out. contractor fails to comply with the PART 2 — DEFINITIONS OF WORDS 3.1003 Procedures. clause. AND TERMS This is not a significant regulatory Contracting officers shall ensure that action and, therefore, was not subject to 2. Amend section 2.101 in paragraph the requirements of this subpart are review under Section 6(b) of Executive (b), in the definition ‘‘United States,’’ by implemented using the following Order 12866, Regulatory Planning and redesignating paragraphs (1) through (6) procedures: Review, dated September 30, 1993. This as paragraphs(2) through)(7), (a) Exceptions. Commercial item rule is not a major rule under 5 U.S.C. respectively, and adding a new contracts performed under Part 12 or 804. paragraph (1) to read as follows: performed outside the United States do not apply to this subpart and are not B. Regulatory Flexibility Act 2.101 Definitions. required to — The Councils do not expect this * * * * * (1) Have an employee ethics and proposed rule to have a significant (b)* * * compliance training program and economic impact on a substantial ‘‘United States,’’ when used in a internal control systems; or number of small entities within the (2) Have the contractor display the geographic sense, means the 50 States meaning of the Regulatory Flexibility fraud poster. and the District of Columbia, except as Act, 5 U.S.C. 601, et seq., because the (b) Contracts exceeding $5,000,000. rule does not require contractors to have follows: (1) Contracts exceeding $5,000,000 a written code of ethics and business (1) For use in Subpart 3.10, see the shall require the contractor to— conduct, employee ethics and definition at 3.1001. (i) Display the agency OIG fraud compliance training program, or * * * * * hotline poster, unless the agency does internal control system for contracts not have a fraud hotline poster; and valued at $5 million or less; and PART 3—IMPROPER BUSINESS (ii) Display the Department of provides that when such programs are PRACTICES AND PERSONAL Homeland Security (DHS) disaster required, they shall be suitable to the CONFLICTS OF INTEREST assistance poster in accordance with size of the company and the extent of paragraph (d)(2) of this section. 3. Add Subpart 3.10 to read as the company’s business with the (2) In addition to the requirements of follows: Federal Government. Under the rule, paragraph(b)(1) of this section, contracts Sec. exceeding $5,000,000 with performance contractors have the ability to determine 3.1000 Scope of subpart. the simplicity or complexity and cost of 3.1001 Definitions. periods of 120 days or more shall their programs. 3.1002 Policy. require the contractor to— An Initial Regulatory Flexibility 3.1003 Procedures. (i) Have a written code of ethics and Analysis has, therefore, not been 3.1004 Contract clause. business conduct; and performed. We invite comments from (ii) Establish an employee ethics and small businesses and other interested Subpart 3.10—Contractor Code of compliance training program and parties. The Councils will consider Ethics and Business Conduct internal control systems commensurate with the size of the company and its comments from small entities 3.1000 Scope of subpart. concerning the affected FAR Parts 2, 3, involvement in Government contracting. and 52 in accordance with 5 U.S.C. 610. This subpart prescribes policies and (c) Contracts valued at $5,000,000 or Interested parties must submit such procedures for the establishment of less. Agencies may establish policy and comments separately and should cite 5 contractor code of ethics and business procedures for display of the agency U.S.C. 601, et seq. (FAR case 2006–007), conduct, and display of agency Office of OIG fraud hotline poster, without in correspondence. Inspector General (OIG) fraud hotline imposing the requirements of paragraph posters. (b)(2) of this section, in contracts valued C. Paperwork Reduction Act at $5,000,000 or less. The Paperwork Reduction Act does 3.1001 Definitions. (d) Fraud Hotline Poster. (1) Agencies not apply because the proposed changes ‘‘United States,’’as used in this are responsible for determining the need to the FAR do not impose information subpart, means the 50 States, the for, and content of, their respective collection requirements that require the District of Columbia, and outlying areas. agency OIG fraud hotline poster(s).

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(2) When requested by the (a) Definition. poster(s) in common work areas and contract Department of Homeland Security ‘‘United States,’’ as used in this clause, sites outside the United States. (DHS), agencies shall ensure that means the 50 States, the District of Columbia, (2) Additionally, if the Contractor contracts funded with disaster and outlying areas. maintains a company website as a method of (b) Code of ethics and business conduct. (1) providing information to employees, the assistance funds require display of any Within 30 days after contract award, the Contractor shall display an electronic version event-specific fraud hotline poster Contractor shall have a written code of ethics of the poster(s) at the website. applicable to the specific contract. As and business conduct. (3) The ______poster(s) may be obtained established by the agency, such posters (2) (i) The Contractor shall promote from ______. (Contracting Officer shall insert may be displayed in lieu of, or in compliance with its code of ethics and the website(s) or other contact information addition to, the agency’s standard business conduct. Within 90 days after for obtaining the poster(s).) poster. contract award, the Contractor shall (e) Remedies. In addition to the other establish— remedies available to the Government, the 3.1004 Contract clause. (A) An employee ethics and compliance Contractor’s failure to comply with the (a)(1) Insert the clause at FAR 52.203– training program; and requirements of this clause may render the XX, Contractor Code of Ethics and (B) An internal control system. Contractor subject to— Business Conduct, in solicitations and (ii) Such program and system shall be (1) Withholding of contract payments; or suitable to the size of the company and its (2) Loss of award fee, consistent with the contracts expected to exceed $5,000,000 involvement in Government contracting. award fee plan, for the performance period in and the performance period is 120 days (c) Internal control system.(1) The which the Government determined or more, except when the contract – Contractor’s internal control system shall— Contractor non-compliance. (i) Will be awarded pursuant to the (i) Facilitate timely discovery and (f) Subcontracts. (1) The Contractor shall procedures inFAR Part 12; or to address disclosure of improper conduct in include the substance of this clause, Contractor Code of Ethics and Business connection with Government contracts; and including this paragraph (f), in all Conduct and the display of Federal (ii) Ensure corrective measures are subcontracts that exceed $5,000,000, except agency Office of the Inspector General promptly instituted and carried out. when the subcontract— (OIG) Fraud Hotline Poster. (2) For example, the Contractor’s internal (i) Is for the acquisition of a commercial (ii) Will be performed outside the control system should provide for— item; or United States. (2) The contracting officer (i) Periodic reviews of company business (ii) Is performed outside the United States. practices, procedures, policies, and internal (2) The Contractor is not required to shall insert the website link(s) or other controls for compliance with the Contractor’s include the requirements of paragraphs (b) contact information for obtaining the code of ethics and business conduct and the and (c) of this clause in subcontracts that agency and/or DHS poster. special requirements of Government have performance periods of less than 120 (b) Insert the clause with its Alternate contracting; days. I– (ii) An internal reporting mechanism, such (End of clause) (1) When the agency does not have a as a hotline, by which employees may report Alternate I (DATE). As prescribed in fraud hotline poster; and suspected instances of improper conduct, 3.1004(b), delete paragraph (d), and (2) When the requirements of and instructions that encourage employees to make such reports; redesignate paragraphs (e) and (f) as 3.1003(d)(2) do not apply. paragraphs (d) and (e). (c) Insert the clause with its Alternate (iii) Internal and/or external audits, as II– appropriate; Alternate II (DATE). As prescribed in (1) When the contract performance (iv) Disciplinary action for improper 3.1004(c), delete paragraphs (b), (c) and period is less than 120 days; or conduct; (f) from the basic clause, redesignate (2) If the agency has established (v) Timely reporting to appropriate paragraphs (d) and (e) as paragraphs (b) Government officials of any suspected and (c) and insert the following policies and procedures for display of violations of law in connection with the OIG fraud hotline poster at a lesser Government contracts or any other paragraph (d): amount. The contracting officer shall irregularities in connection with such (d) Subcontracts. The Contractor shall insert the agency authorized lesser contracts; and include the substance of this clause, amount in paragraph (d) of this section. (vi) Full cooperation with any Government including this paragraph (d), in all agencies responsible for either investigation subcontracts that exceed PART 52—SOLICITATION PROVISIONS or corrective actions. $lllllll (Contracting Officer AND CONTRACT CLAUSES (d) Display of fraud hotline poster(s). (1) shall insert $5,000,000 or the amount During contract performance, the Contractor 4. Add section 52.203–XX to read as shall prominently display the ______authorized by agency procedures), follows: (Contracting Officer shall insert (i) except when the subcontract— appropriate agency name(s) and/or (ii) title (1) Is for the acquisition of a 52.203–XX Contractor Code of Ethics and of applicable DHS event-specific fraud commercial item; or Business Conduct. hotline poster) fraud hotline poster(s) in (2) Is performed outside the United As prescribed in 3.1004(a), insert the common work areas within business States. following clause: segments performing work under this CONTRACTOR CODE OF ETHICS AND contract and at contract work sites. The [FR Doc. 07–698 Filed 2–15–07; 8:45 am] BUSINESS CONDUCT (DATE) Contractor is not required to display the BILLING CODE 6820–EP–S

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Notices Federal Register Vol. 72, No. 32

Friday, February 16, 2007

This section of the FEDERAL REGISTER the collection of information unless it Agriculture (USDA) is revising the contains documents other than rules or displays a currently valid OMB control United States Standards for Grades of proposed rules that are applicable to the number. Greenhouse Tomatoes. Specifically, public. Notices of hearings and investigations, AMS is revising the standards to allow Food Safety and Inspection Service committee meetings, agency decisions and that percentages of defects and size rulings, delegations of authority, filing of Title: Registration Requirements. petitions and applications and agency classifications be determined by count OMB Control Number: 0583–0128. rather than weight. This will result in a statements of organization and functions are Summary of Collection: The Food examples of documents appearing in this revision of the following sections of the section. Safety and Inspection Service (FSIS) has standards: Tolerances, Size been delegated the authority to exercise Classification, Standard Pack, Damage, the functions of the Secretary as and Serious Damage. Additionally, AMS DEPARTMENT OF AGRICULTURE provided in the Federal Meat Inspection is deleting the ‘‘Unclassified’’ section, Act (FMIA) (21 U.S.C. 601 et seq.) and adding moldy stems as a damage defect, Submission for OMB Review; the Poultry Products Inspection Act and adding a scoring guide for damage Comment Request (PPIA) (21 U.S.C. 451 et seq.). These and serious damage for skin checks. statutes mandate that FSIS protect the These revisions will bring the standards February 13, 2007. public by ensuring that meat and The Department of Agriculture has for greenhouse tomatoes in line with poultry are safe, wholesome, current marketing practices, thereby submitted the following information unadulterated, and properly labeled and collection requirement(s) to OMB for improving their usefulness in serving packaged. According to the regulations the industry. review and clearance under the (9 CFR 320.5 and 381.179), parties Paperwork Reduction Act of 1995, required to register with FSIS must do DATES: Effective Date: March 19, 2007. Public Law 104–13. Comments so by submitting form FSIS Form 5020– FOR FURTHER INFORMATION CONTACT: regarding (a) whether the collection of 1, ‘‘Registration of Meat and Poultry Vincent J. Fusaro, Standardization information is necessary for the proper Handlers.’’ Section, Fresh Products Branch, Fruit performance of the functions of the Need and Use of the Information: and Vegetable Programs, Agricultural agency, including whether the FSIS will collect the name, address of Marketing Service, U.S. Department of information will have practical utility; all locations at which they conduct the Agriculture, 1400 Independence (b) the accuracy of the agency’s estimate business that requires them to register Avenue, SW., Room 1661 South of burden including the validity of the and all trade or business names under Building, STOP 0240, Washington, DC methodology and assumptions used; (c) which they conduct these businesses. 20250–0240, Fax (202) 720–8871 or call ways to enhance the quality, utility and FSIS uses this information to maintain (202) 720–2185. The revised United clarity of the information to be a database of these businesses. If the States Standards for Grades of collected; (d) ways to minimize the information were not collected, it would Greenhouse Tomatoes will be available burden of the collection of information reduce the effectiveness of the meat and either through the address cited above on those who are to respond, including poultry inspection program. or by accessing the AMS, Fresh through the use of appropriate Description of Respondents: Business Products Branch Web site at: http:// automated, electronic, mechanical, or or other for-profit. www.ams.usda.gov/standards/ other technological collection Number of Respondents: 80. stanfrfv.htm. techniques or other forms of information Frequency of Responses: technology should be addressed to: Desk Recordkeeping; Reporting: Other (Once). SUPPLEMENTARY INFORMATION: Section Officer for Agriculture, Office of Total Burden Hours: 150. 203(c) of the Agricultural Marketing Act Information and Regulatory Affairs, of 1946 (7 U.S.C. 1621–1627), as Office of Management and Budget Ruth Brown, amended, directs and authorizes the (OMB), Departmental Information Collection Secretary of Agriculture ‘‘To develop [email protected] or Clearance Officer. and improve standards of quality, fax (202) 395–5806 and to Departmental [FR Doc. E7–2783 Filed 2–15–07; 8:45 am] condition, quantity, grade and Clearance Office, USDA, OCIO, Mail BILLING CODE 3410–DM–P packaging and recommend and Stop 7602, Washington, DC 20250– demonstrate such standards in order to 7602. Comments regarding these encourage uniformity and consistency information collections are best assured DEPARTMENT OF AGRICULTURE in commercial practices.’’ AMS is of having their full effect if received Agricultural Marketing Service committed to carrying out this authority within 30 days of this notification. in a manner that facilitates the Copies of the submission(s) may be [Docket # AMS–FV–2007–0006; FV–04–301] marketing of agricultural commodities obtained by calling (202) 720–8958. and makes copies of official standards An agency may not conduct or United States Standards for Grades of available upon request. The United sponsor a collection of information Greenhouse Tomatoes States Standards for Grades of Fruits unless the collection of information AGENCY: Agricultural Marketing Service, and Vegetables not connected with displays a currently valid OMB control USDA. Federal Marketing Orders or U.S. Import number and the agency informs ACTION: Notice. Requirements no longer appear in the potential persons who are to respond to Code of Federal Regulations, but are the collection of information that such SUMMARY: The Agricultural Marketing maintained by USDA, AMS, Fruit and persons are not required to respond to Service (AMS) of the Department of Vegetable Programs.

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AMS is revising the voluntary United fruit. They also were of the view that the prefer not to specify a size are not States Standards for Grades of mere presence of a dot of mold should required to do so. Greenhouse Tomatoes using procedures not cause the fruit to be considered One commenter noted that cartons of that appear in Part 36, Title 7 of the moldy. The classification of moldy imported greenhouse tomatoes currently Code of Federal Regulations (7 CFR part stems as a damage defect in the list weight/sizes in metric on the 36). These standards were last revised in standards is such that a small amount of outside of the carton. They stated that 1966. mold would not be scored, however this causes numerous administrative Background mold that materially affects the problems in trying to convert to English appearance of the tomato will be scored. measurements, and requested that these Prior to undertaking research and Therefore, no change to the standards cartons contain both metric and English other work associated with revision of will be made as a result of these measurements. However, such a the grade standards, AMS published a comments. provision would be beyond the scope of notice in the Federal Register (68 FR One commenter supported the the standards. 68859) on December 10, 2003, soliciting proposed change to allow that comments on the possible revision of One commenter requested percentages of defects and size clarification on how the wording would the United States Standards for Grades classifications be determined by count of Greenhouse Tomatoes. AMS be in the revised standard for moldy rather than weight and the inclusion of stems and skin checks. The revised published a subsequent notice in the moldy stems as a damage defect. The Federal Register (69 FR 12299) on standards states that tomatoes shall be commenter also recommended that the free from damage by moldy stems and March 16, 2004, extending the period language in the U.S. Standards for for comments. Further, after the free from damage by skin checks. Grades of Greenhouse Tomatoes be Damage by moldy stems is defined comment period, AMS prepared a revised to read exactly as the U.S. discussion draft of the proposed under the general definition of damage Standards for Grades of Fresh Tomatoes. greenhouse tomato standard, and to mean, ‘‘any specific defect which Revising the greenhouse tomatoes distributed copies for input to all materially detracts from the appearance, standards to reflect the fresh tomato commenters, industry associations, and or the edible or marketing quality of the standards would significantly change other interested persons. As a result, we tomato.’’ Damage by skin checks is the tolerances and scoring guides for added a scoring guide for damage and defined as, ‘‘when the appearance of the greenhouse tomatoes. Greenhouse serious damage by skin checks and tomato is affected to a greater extent tomatoes have unique characteristics included moldy stems as a damage than that of a tomato 2–1⁄2 inches in and are grown in a controlled defect. Based on comments received diameter having skin checks which has environment that eliminates external from the notices and discussion draft, an aggregate area equivalent to that of a AMS published a notice in the Federal environmental issues, such as wind and circle three-eighths inch in diameter.’’ Register (71 FR 30860) on May 31, 2006, rain, that could affect the appearance or keeping quality. Therefore, due to these One commenter suggested that both proposing to revise the standards. the European Standard and the U.S. In response to this notice, AMS differences, the standards will remain separate and distinct. Standard be considered for received six comments on the proposed harmonization during the revision One commenter suggested that revisions. Two from domestic trade process. The U.S. standards are used by percentages for defects and size should organizations, one from a foreign trade the U.S. industry, any such be determined by count or weight. The organization, one from an international harmonization of the standards would commenter noted that they sell tomatoes marketing organization, and two from require involvement and input from the by weight. However, the commenter foreign government agencies. The U.S. greenhouse industry. Therefore, noted that in some cases a percentage by comments are available by accessing the this suggestion is not addressed in this count may be more useful; therefore, the AMS, Fresh Products Branch Web site action. at: http://www.ams.usda.gov/fv/ commenter recommended that the fpbdocketlist.htm. standards provide a choice: count or Based on the comments received and Two commenters supported the size weight. Under current marketing information gathered, AMS believes the classification, the standard pack section, practices, greenhouse tomatoes are revision to the standards will improve the creation of a separate standard for packaged and marketed having a their usefulness in serving the industry. tomatoes on the vine, the skin check uniform size. AMS believes that the The official grade of a lot of definition, and the inclusion of moldy consistency in sizing is best achieved greenhouse tomatoes covered by these stems as a defect. The commenters when percentages are determined by standards will be determined by the requested that ‘‘russetting’’ be included count. Also, determining the procedures set forth in the Regulations in the skin check definition. percentages for defects and size by Governing Inspection, Certification, and ‘‘Russetting’’ is a trade term used to count, will be consistent with the fresh Standards of Fresh Fruits, Vegetables describe a type of scarring or growth tomato standards. and Other Products (Sec. 51.1 to 51.61). crack that tends to be concentric to the One commenter expressed concern The United States Standards for stem scar. The term ‘‘russetting’’ is used over the standard pack definition using Grades of Greenhouse Tomatoes will to describe the defect that is classified diameter specifications, stating that become effective 30 days after in the standards as skin checks, measuring tomatoes by size and not publication of this notice in the Federal therefore tomatoes that are affected by count will force small, independent Register. ‘‘russetting’’ are covered by the tomato growers to heavily invest in cost (Authority: 7 U.S.C. 1621–1627.) definition for skin checks. The prohibitive sorting machinery. However, commenters also expressed concern size is not part of the grade for Dated: February 12, 2007. regarding the scoring of moldy stems. greenhouse tomatoes; therefore Lloyd C. Day, They stated that moldy stems should be specifying a size is voluntary. The size Administrator, Agricultural Marketing scored as a defect only when there is a section provides sufficient flexibility in Service. large growth of mold that leaves behind order to provide marketers the option to [FR Doc. E7–2725 Filed 2–15–07; 8:45 am] a soft area after it is wiped off of the specify size. In turn, marketers that BILLING CODE 3410–02–P

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DEPARTMENT OF AGRICULTURE and Vegetables not connected with and grape-type tomatoes be excluded Federal Marketing Orders or U.S. Import from the TOV standard based on the fact Agricultural Marketing Service Requirements, no longer appear in the that their stems tend to be more brittle [Docket # AMS–FV–2007–0007; FV–06–309] Code of Federal Regulations, but are with higher shatter, which has led to the maintained by USDA, AMS, Fruit and marketing of these varieties in United States Standards for Grades of Vegetable Programs. individually wrapped containers Tomatoes on the Vine AMS is proposing to establish instead of bulk. AMS agrees that current voluntary United States Standards for marketing practices warrant excluding AGENCY: Agricultural Marketing Service, Grades of Tomatoes on the Vine using cherry-type tomatoes and grape-type USDA. the procedures that appear in Part 36, tomatoes from the TOV standards. ACTION: Notice. Title 7 of the Code of Federal Three comments expressed concern Regulations (7 CFR part 36). SUMMARY: The Agricultural Marketing that the defects should be scored based Service (AMS), of the Department of Background on the count of the tomatoes in the Agriculture (USDA) is soliciting containers and not the total number of AMS published a notice in the bunches in the containers. The comments on the proposed voluntary Federal Register (68 FR 68859) on standards provide for the scoring of United States Standards for Grades of December 10, 2003, soliciting comments defects, including defects affecting the Tomatoes on the Vine. The proposed on the possible revision of the United stems to be based on the individual standards would provide industry with States Standards for Grades of tomato and not the bunch. For defects a common language and uniform basis Greenhouse Tomatoes. AMS published affecting the lateral stem, the scoring for trading, thus promoting the orderly a subsequent notice in the Federal will be based on the individual tomato, and efficient marketing of tomatoes on Register (69 FR 12299) on March 16, and for defects affecting the main stem the vine (TOV). 2004, extending the period for the scoring will be based on the number DATES: Comments must be received by comments. Further, after the comment of the tomatoes on the cluster. April 17, 2007. period, AMS prepared a discussion draft Three comments expressed concerns ADDRESSES: Interested persons are of the proposed greenhouse tomato invited to submit written comments on standard, and distributed copies for about the proposed tolerances for the Internet at http:// input to all commenters, industry tomatoes that are detached from the www.regulations.gov or to the associations, and other interested stem/vine stating that the tolerances do Standardization Section, Fresh Products persons. Based on input from the not seem to be based on any available Branch, Fruit and Vegetable Programs, notices and the discussion draft, AMS data. The commenters also requested Agricultural Marketing Service, U.S. has determined that there is a need for that this tolerance be revisited after the Department of Agriculture, 1400 a separate standard specifically for TOV, standard has been in effect and the Independence Ave., SW., Room 1661 and an increase to the proposed results of the inspections are better South Building, Stop 0240, Washington, tolerance for tomatoes detached from known. The tolerance for tomatoes that DC 20250–0240; Fax (202) 720–8871. the stem/vine from 5 percent to 10 are detached from the stem/vine is Comments should make reference to the percent. based upon industry input that was dates and page number of this issue of AMS published a notice in the provided from the discussion draft for the Federal Register and will be made Federal Register (71 FR 30367) on May the greenhouse tomatoes. Further, if the available for public inspection in the 26, 2006, soliciting comments on the industry feels that the tolerance needs to above office during regular business proposed voluntary United States be revisited at a future date, AMS will hours. Standards for Grades of Tomatoes on the work with the industry to address their Vine. The proposed standards for TOV concerns. It was also expressed that the FOR FURTHER INFORMATION CONTACT: contain the following grades as well as inspectors should be encouraged to Vincent J. Fusaro, Standardization a tolerance for each grade: U.S. No. 1 minimize handling of the TOV before Section, Fresh Products Branch, (202) and U.S. No. 2. In addition, making the calculation regarding 720–2185. The United States Standards ‘‘Application of Tolerances’’ and ‘‘Size shatter. The tolerance for tomatoes that for Grades of Tomatoes on the Vine are Classifications’’ sections are included. are detached from the stem/vine is available through the Fresh Products This proposal also defines ‘‘Damage,’’ based on the normal handling of the Branch Web site at: http:// ‘‘Serious Damage,’’ specific basic product. As with all commodities, www.ams.usda.gov/standards/ requirements, and other defects. In inspectors are instructed to always stanfrfv.htm. response to our request for comments, handle the product in the proper SUPPLEMENTARY INFORMATION: Section AMS received six comments on the fashion as to not cause any additional 203(c) of the Agricultural Marketing Act proposed standards. One from an defects to occur or become more of 1946 (7 U.S.C. 1621–1627), as industry group representing receivers, prevalent. amended, directs and authorizes the one from an international trade Three comments requested that the Secretary of Agriculture ‘‘To develop organization, one from a foreign trade size section be removed from the and improve standards of quality, organization, one from a foreign standards, given the degrees and condition, quantity, grade, and government agency, one from a foreign variations of size of individual tomatoes packaging, and recommend and industry alliance representing its within a cluster as well as a carton of demonstrate such standards in order to agricultural interest throughout North TOV. Even though size would not be encourage uniformity and consistency America, and one from a domestic part of the grade for tomatoes on the in commercial practices.’’ AMS is producer. The comments are available vine, size would be an option for those committed to carrying out this authority by accessing the AMS, Fresh Products who choose to specify size. The size in a manner that facilitates the Branch Web site at: http:// section provides sufficient flexibility in marketing of agricultural commodities www.ams.usda.gov/fv/ order to provide marketers the option to and makes copies of official standards fpbdocketlist.htm. specify size. In turn, marketers that available upon request. The United AMS received four comments prefer not to specify a size are not States Standards for Grades of Fruits requesting that cherry-type tomatoes required to do so.

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Two comments expressed that the SUMMARY: The Agricultural Marketing DEPARTMENT OF AGRICULTURE standards appear to read that moldy Service (AMS) is withdrawing the stems would be classified under the notice soliciting comments on its Animal and Plant Health Inspection other comments section of a certificate proposal to amend the voluntary United Service during an inspection, but would not be States Standards for Grades of Winter [Docket No. APHIS–2007–0012] scored against the U.S. No. 1 grade. The Pears. After reviewing and considering basic requirements of the U.S. No. 1 and the comments received, the agency has Notice of Request for Extension of U.S. No. 2 grades state that, ‘‘The vines decided not to proceed with this action. Approval of an Information Collection; shall not be brittle and shall be free from Animal Welfare; Inspection, Licensing, decay; and free from damage by mold or DATES: Effective Date: February 16, and Procurement of Animals any other means.’’ and ‘‘The vines shall 2007. not be brittle and shall be free from AGENCY: Animal and Plant Health FOR FURTHER INFORMATION CONTACT: decay; and free from serious damage by Inspection Service, USDA. mold or other means.’’ respectively. Vincent J. Fusaro, Standardization ACTION: Extension of approval of an Therefore, moldy stems would be scored Section, Fresh Products Branch, (202) information collection; comment as a defect in all U.S. grades of TOV. 720–2185. The United States Standards request. One comment requested that a color for Grades of Pineapples are available section similar to how color is handled either through the address cited above SUMMARY: In accordance with the in the U.S. Standards for Grades of or by accessing the Fresh Products Paperwork Reduction Act of 1995, this Fresh Tomatoes be added in order to Branch Web site at: http:// notice announces the Animal and Plant provide additional guidance during the www.ams.usda.gov/standards/ Health Inspection Service’s intention to inspection process. The growing, stanfrfv.htm. request an extension of approval of an ripening, and handling practices of TOV information collection in support of the Background are very different from fresh tomatoes. Animal Welfare Act regulations for Further, the proposed maturity inspection, licensing, and procurement AMS had identified the United States of animals. requirements also require a color break Standards for Grades of Winter Pears for DATES: We will consider all comments of not less than ten percent. Therefore, possible revisions. The revision would that we receive on or before April 17, a separate color section would not be delete § 51.1309, Condition after storage 2007. necessary for TOV. or transit, which states that ‘‘decay, Finally one commenter stated that scald or other deterioration which may ADDRESSES: You may submit comments they would use these new standards for have developed on pears after they have by either of the following methods: trade purposes. The proposed TOV • been in storage or transit shall be Federal eRulemaking Portal: Go to standards would provide a common considered as affecting condition and http://regulations.gov, select ‘‘Animal language for trade and a means of and Plant Health Inspection Service’’ measuring value in the marketing of this not the grade.’’ The standards were published on September 10, 1955. from the agency drop-down menu, then commodity. The official grade of a lot of click ‘‘Submit.’’ In the Docket ID TOV covered by these standards will be On November 2, 2006, AMS column, select APHIS–2007–0012 to determined by the procedures set forth published a notice in the Federal submit or view public comments and to in the Regulations Governing Register (71 FR 64478) soliciting view supporting and related materials Inspection, Certification, and Standards comments on a possible revision to the available electronically. Information on of Fresh Fruits, Vegetables, and Other United States Standards for Grades of using Regulations.gov, including Products (Sec. 51.1 to 51.61). Winter Pears. The comments are instructions for accessing documents, This notice provides a 60-day available by accessing AMS, Fresh submitting comments, and viewing the comment period for interested parties to Products Branch Web site at: http:// docket after the close of the comment comment on the proposed United States www.ams.usda.gov/fv/ period, is available through the site’s Standards for Grades of Tomatoes on the fpbdocketlist.htm. The comment period ‘‘User Tips’’ link. Vine. ended January 2, 2007. During that • Postal Mail/Commercial Delivery: (Authority: 7 U.S.C. 1621–1627.) sixty-day comment period, twenty-two Please send four copies of your Dated: February 12, 2007. comments were submitted. All opposed comment (an original and three copies) to Docket No. APHIS–2007–0012, Lloyd C. Day, a revision. The commenters generally felt that the current standard has been Regulatory Analysis and Development, Administrator, Agricultural Marketing PPD, APHIS, Station 3A–03.8, 4700 Service. in place for many years and still is useful. River Road Unit 118, Riverdale, MD [FR Doc. E7–2731 Filed 2–15–07; 8:45 am] 20737–1238. Please state that your BILLING CODE 3410–02–P After reviewing and considering the comment refers to Docket No. APHIS– comments received, AMS has decided 2007–0012. not to proceed with the action. Reading Room: You may read any DEPARTMENT OF AGRICULTURE (Authority: 7 U.S.C. 1621–1627.) comments that we receive on this Agricultural Marketing Service docket in our reading room. The reading Dated: February 12, 2007. room is located in room 1141 of the [Docket # AMS–FV–2007–0005; FV–06–313] Lloyd C. Day, USDA South Building, 14th Street and Administrator, Agricultural Marketing Independence Avenue SW., United States Standards for Grades of Service. Washington, DC. Normal reading room Winter Pears [FR Doc. E7–2728 Filed 2–15–07; 8:45 am] hours are 8 a.m. to 4:30 p.m., Monday AGENCY: Agricultural Marketing Service, BILLING CODE 3410–02–P through Friday, except holidays. To be USDA. sure someone is there to help you, please call (202) 690–2817 before ACTION: Notice; withdrawal. coming.

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Other Information: Additional years. After approval of the burden DEPARTMENT OF AGRICULTURE information about APHIS and its associated with this extension notice, programs is available on the Internet at OMB will combine it with another Animal and Plant Health Inspection http://www.aphis.usda.gov. collection titled ‘‘Animal Welfare (OMB Service FOR FURTHER INFORMATION CONTACT: For number 0579–0036),’’ and the [Docket No. APHIS–2007–0003] information on Animal Welfare Act Department will retire OMB number regulations for inspection, licensing, 0579–0254. Notice of Request for Approval of an and procurement of animals, contact Dr. The purpose of this notice is to solicit Information Collection; Animal Care; Barbara Kohn, Senior Staff Veterinarian, comments from the public (as well as Program Evaluation Survey of Animal Care, APHIS, 4700 River Road affected agencies) concerning our Licensees and Registrants Unit 84, Riverdale, MD 20737; (301) information collection. These comments AGENCY: Animal and Plant Health 734–7833. For copies of more detailed will help us: Inspection Service, USDA. information on the information collection, contact Mrs. Celeste Sickles, (1) Evaluate whether the collection of ACTION: New information collection; APHIS’ Information Collection information is necessary for the proper comment request. Coordinator, at (301) 734–7477. performance of the functions of the Agency, including whether the SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: information will have practical utility; Paperwork Reduction Act of 1995, this Title: Animal Welfare; Inspection, notice announces the Animal and Plant Licensing, and Procurement of Animals. (2) Evaluate the accuracy of our Health Inspection Service’s intention to OMB Number: 0579–0254. estimate of the burden of the initiate a new information collection Type of Request: Extension of information collection, including the activity associated with the Agency’s approval of an information collection. validity of the methodology and Animal Care program. The activity Abstract: The Animal Welfare Act assumptions used; involves surveying licensees and (AWA) (7 U.S.C. 2131 et seq.) authorizes (3) Enhance the quality, utility, and registrants. the Secretary of Agriculture to clarity of the information to be DATES: We will consider all comments promulgate standards and other collected; and requirements governing the humane that we receive on or before April 17, handling, housing, care, treatment, and (4) Minimize the burden of the 2007. information collection on those who are transportation of certain animals by ADDRESSES: You may submit comments dealers, research facilities, exhibitors, to respond, through use, as appropriate, by either of the following methods: carriers, and intermediate handlers. The of automated, electronic, mechanical, Federal eRulemaking Portal: Go to Secretary of Agriculture has delegated and other collection technologies, e.g., http://www.regulations.gov, select the responsibility of enforcing the AWA permitting electronic submission of ‘‘Animal and Plant Health Inspection to the Administrator of the Animal and responses. Service’’ from the agency drop-down Plant Health Inspection Service. Estimate of burden: The public menu, then click ‘‘Submit.’’ In the The regulations established under the reporting burden for this collection of Docket ID column, select APHIS–2007– AWA are contained in title 9 of the information is estimated to average 0003 to submit or view public Code of Federal Regulations (9 CFR), 3.1538461 hours per response. comments and to view supporting and chapter I, subchapter A, parts 1, 2, and Respondents: Dealers, exhibitors, related materials available 3. Part 2 generally provides research facilities, and persons exempt electronically. Information on using administrative requirements and sets from licensing or registration under the Regulations.gov, including instructions forth institutional responsibilities of AWA. for accessing documents, submitting regulated persons under the AWA, comments, and viewing the docket after including requirements for the licensing Estimated annual number of the close of the comment period, is and registration of dealers, exhibitors, respondents: 89. available through the site’s ‘‘User Tips’’ and research facilities, standards for Estimated annual number of link. veterinary care, identification of responses per respondent: 0.1460674. Postal Mail/Commercial Delivery: animals, and recordkeeping. Estimated annual number of Please send four copies of your These requirements include responses: 13. comment (an original and three copies) information collection activities for to Docket No. APHIS–2007–0003, prelicense inspections, license Estimated total annual burden on Regulatory Analysis and Development, applications and renewals, and respondents: 41 hours. (Due to PPD, APHIS, Station 3A–03.8, 4700 recordkeeping requirements for the averaging, the total annual burden hours River Road Unit 118, Riverdale, MD acquisition of animals from persons not may not equal the product of the annual 20737–1238. Please state that your licensed under the AWA. In addition, number of responses multiplied by the comment refers to Docket No. APHIS– dealers, exhibitors, and research reporting burden per response.) 2007–0003. facilities that acquire a dog or cat from All responses to this notice will be Reading Room: You may read any an unlicensed or unregistered person summarized and included in the request comments that we receive on this (and not a pound or shelter) must obtain for OMB approval. All comments will docket in our reading room. The reading certification from that person that the also become a matter of public record. room is located in room 1141 of the animals were born and raised on their USDA South Building, 14th Street and Done in Washington, DC, this 12th day of premises and that they are eligible for Independence Avenue, SW., February 2007. an exemption from the licensing Washington, DC. Normal reading room requirements. Kevin Shea, hours are 8 a.m. to 4:30 p.m., Monday We are asking the Office of Acting Administrator, Animal and Plant through Friday, except holidays. To be Management and Budget (OMB) to Health Inspection Service. sure someone is there to help you, approve our use of these information [FR Doc. E7–2786 Filed 2–15–07; 8:45 am] please call (202) 690–2817 before collection activities for an additional 3 BILLING CODE 3410–34–P coming.

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Other Information: Additional Estimate of burden: The public related materials available information about APHIS and its reporting burden for this collection of electronically. Information on using programs is available on the Internet at information is estimated to average 0.16 Regulations.gov, including instructions http://www.aphis.usda.gov. hours per response. for accessing documents, submitting FOR FURTHER INFORMATION CONTACT: For Respondents: Dealers, exhibitors, comments, and viewing the docket after information on an information intermediate carriers and handlers, and the close of the comment period, is collection associated with surveying research facilities. available through the site’s ‘‘User Tips’’ Animal Care licensees and registrants, Estimated annual number of link. contact Mr. J. Michael Tuck, Senior respondents: 4,200. • Postal Mail/Commercial Delivery: Program Analyst, Office of the Deputy Estimated annual number of Please send four copies of your Administrator, PPD, APHIS, 4700 River responses per respondent: 1. comment (an original and three copies) Road Unit 20, Riverdale, MD 20737– Estimated annual number of to Docket No. APHIS–2006–0178, 1238; phone (301) 734–5819; or e-mail responses: 4,200. Regulatory Analysis and Development, [email protected]. For Estimated total annual burden on PPD, APHIS, Station 3A–03.8, 4700 copies of more detailed information on respondents: 672 hours. (Due to River Road Unit 118, Riverdale, MD the information collection, contact Mrs. averaging, the total annual burden hours 20737–1238. Please state that your Celeste Sickles, APHIS’ Information may not equal the product of the annual comment refers to Docket No. APHIS– Collection Coordinator, at (301) 734– number of responses multiplied by the 2006–0178. 7477. reporting burden per response.) Reading Room: You may read any All responses to this notice will be comments that we receive on this SUPPLEMENTARY INFORMATION: summarized and included in the request docket in our reading room. The reading Title: Animal Care; Program for OMB approval. All comments will room is located in room 1141 of the Evaluation Survey; Licensees and also become a matter of public record. USDA South Building, 14th Street and Registrants. Independence Avenue SW., OMB Number: 0579–XXXX. Done in Washington, DC, this 12th day of Washington, DC. Normal reading room Type of Request: Approval of a new February 2007. hours are 8 a.m. to 4:30 p.m., Monday information collection. Kevin Shea, through Friday, except holidays. To be Abstract: The Animal and Plant Acting Administrator, Animal and Plant sure someone is there to help you, Health Inspection Service, Animal Care Health Inspection Service. please call (202) 690–2817 before program, conducts activities to [FR Doc. E7–2787 Filed 2–15–07; 8:45 am] coming. administer and enforce the Animal BILLING CODE 3410–34–P Other Information: Additional Welfare Act (AWA) and regulations information about APHIS and its issued under the AWA. programs is available on the Internet at Animal Care plans to survey a sample DEPARTMENT OF AGRICULTURE http://www.aphis.usda.gov. of facilities licensed or registered under the regulations. A similar survey was Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: For conducted in 1997. This survey will Service information on the Voluntary Bovine help Animal Care assess the [Docket No. APHIS–2006–0178] Johne’s Disease Control Program, effectiveness of changes made to the contact Dr. Michael Carter, Senior Staff program as a result of that initial survey. Notice of Request for Approval of an Veterinarian, National Center for Animal Care will use the information Information Collection; Voluntary Animal Health Programs, VS, APHIS, from this survey to plan further Bovine Johne’s Disease Control 4700 River Road Unit 43, Riverdale, MD improvements in its operations. Program 20737; (301) 734–7954. For copies of We are asking OMB to approve our more detailed information on the AGENCY: Animal and Plant Health use of this information collection information collection, contact Mrs. Inspection Service, USDA. activity for 3 years. The purpose of this Celeste Sickles, APHIS’ Information notice is to solicit comments from the ACTION: Approval of an information Collection Coordinator, at (301) 734– public (as well as affected agencies) collection; comment request. 7477. concerning our information collection. SUMMARY: In accordance with the SUPPLEMENTARY INFORMATION: These comments will help us: Paperwork Reduction Act of 1995, this Title: Voluntary Bovine Johne’s (1) Evaluate whether the collection of notice announces the Animal and Plant Disease Control Program. information is necessary for the proper Health Inspection Service’s intention to OMB Number: 0579–XXXX. performance of the functions of the initiate an information collection Type of Request: Approval of an Agency, including whether the associated with the Voluntary Bovine information collection. information will have practical utility; Johne’s Disease Control Program. Abstract: The Animal and Plant (2) Evaluate the accuracy of our Health Inspection Service (APHIS) is DATES: estimate of the burden of the collection We will consider all comments authorized, among other things, to of information, including the validity of that we receive on or before April 17, prevent the introduction and interstate the methodology and assumptions used; 2007. spread of serious diseases and pests of (3) Enhance the quality, utility, and ADDRESSES: You may submit comments livestock and for eradicating such clarity of the information to be by either of the following methods: diseases from the United States when collected; and • Federal eRulemaking Portal: Go to feasible. In connection with this (4) Minimize the burden of the http://www.regulations.gov, select mission, Veterinary Services (VS), collection of information on those who ‘‘Animal and Plant Health Inspection APHIS, prohibits or restricts the are to respond, through use, as Service’’ from the agency drop-down interstate movement of livestock that appropriate, of automated, electronic, menu, then click ‘‘Submit.’’ In the have, or have been exposed to, certain mechanical, and other collection Docket ID column, select APHIS–2006– diseases. technologies; e.g., permitting electronic 0178 to submit or view public Johne’s disease, also known as submission of responses. comments and to view supporting and paratuberculosis, is caused by

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Mycobacterium avium subspecies • An application for Herd Entry/ Estimated total annual burden on paratuberculosis (MAP) and primarily Renewal into the program, VS Form 4– respondents: 70,515 hours. (Due to affects cattle, sheep, goats, and other 28, to identify herds whose owners are averaging, the total annual burden hours domestic, exotic, and wild ruminants. interested in participating in the may not equal the product of the annual The disease is a chronic and contagious VBJDCP. number of responses multiplied by the enteritis that results in progressive • A risk assessment and management reporting burden per response.) wasting and eventual death. It is nearly plan for dairy cattle or beef cattle to All responses to this notice will be always introduced into a healthy herd assist field veterinary medical officers or summarized and included in the request by an infected animal that is not Johne’s certified veterinarians to review for OMB approval. All comments will showing symptoms of the disease. the management practices of the farm also become a matter of public record. The regulations in 9 CFR, chapter I, and develop a herd management plan Done in Washington, DC, this 12th day of subchapter C, govern the interstate capable of reducing or stopping the February 2007. movement of animals to prevent the transmission of MAP. Kevin Shea, • dissemination of livestock and poultry Johne’s Vaccination Record, VS Acting Administrator, Animal and Plant diseases in the United States. Form 4–27, and continuation sheet, VS Health Inspection Service. Subchapter C, part 71, contains general Form 4–27A, to record the identity of [FR Doc. E7–2788 Filed 2–15–07; 8:45 am] provisions for the interstate movement specific animals vaccinated with a MAP BILLING CODE 3410–34–P of animals, poultry, and their products, bacterin to avoid interference with the while part 80 pertains specifically to the tuberculosis eradication surveillance interstate movement of domestic efforts. DEPARTMENT OF AGRICULTURE animals that are positive to an official • Test Record, VS Form 4–30, and its test for Johne’s disease. continuation sheet, VS Form 4–30A, to Animal and Plant Health Inspection These regulations provide that cattle, record samples submitted and Service sheep, goats, and other domestic laboratory results from testing done for animals that are positive to an official the VBJDCP. [Docket No. APHIS–2007–0002] test for Johne’s disease may generally be We are asking the Office of moved interstate only to a recognized Management and Budget (OMB) to Notice of Request for Approval of an slaughtering establishment or to an approve our use of these information Information Collection; Animal Care; approved livestock facility for sale to collection activities for 3 years. Program Evaluation Survey of such an establishment. The animals The purpose of this notice is to solicit Nongovernmental Organizations must bear an official eartag and be comments from the public (as well as Interested in Animal Welfare shipped with an owner-shipper affected agencies) concerning our AGENCY: Animal and Plant Health statement. information collection. These comments Inspection Service, USDA. Supplementing the regulations are will help us: ACTION: standards outlined in the document, (1) Evaluate whether the collection of New information collection; ‘‘Uniform Program Standards for the information is necessary for the proper comment request. Voluntary Bovine Johne’s Disease performance of the functions of the SUMMARY: In accordance with the Control Program’’ (VBJDCP). The Agency, including whether the Paperwork Reduction Act of 1995, this voluntary, cooperative program is information will have practical utility; notice announces the Animal and Plant administered by the States and (2) Evaluate the accuracy of our Health Inspection Service’s intention to supported by industry and APHIS. estimate of the burden of the collection initiate a new information collection The program provides national of information, including the validity of activity associated with the Agency’s standards for the control of Johne’s the methodology and assumptions used; Animal Care program. The activity disease. The program consists of three (3) Enhance the quality, utility, and involves surveying nongovernmental basic elements: (1) Education, to inform clarity of the information to be organizations interested in animal producers about the cost of Johne’s collected; and welfare. disease and to provide information (4) Minimize the burden of the about management strategies to prevent, collection of information on those who DATES: We will consider all comments control, and eliminate the disease; (2) are to respond, through use, as that we receive on or before April 17, management, to help producers appropriate, of automated, electronic, 2007. establish good management strategies on mechanical, and other collection ADDRESSES: You may submit comments their farms; and (3) herd testing and technologies; e.g., permitting electronic by either of the following methods: classification, to help separate test- submission of responses. Federal eRulemaking Portal: Go to positive herds from test-negative herds. Estimate of burden: The public http://www.regulations.gov, select To better support the voluntary reporting burden for this collection of ‘‘Animal and Plant Health Inspection program across the States, VS is information is estimated to average Service’’ from the agency drop-down proposing the use of several new 0.651378689 hours per response. menu, then click ‘‘Submit.’’ In the information collection activities. Respondents: Participating cattle Docket ID column, select APHIS–2007– Currently, all information collections producers; APHIS accredited 0002 to submit or view public are being done through the State veterinarians, State animal health comments and to view supporting and programs. The information collections officials, and State personnel who related materials available that APHIS would administer for the perform VBJDCP activities. electronically. Information on using voluntary program are as follows: Estimated annual number of Regulations.gov, including instructions • An annual report, VS Form 4–29, respondents: 50,602. for accessing documents, submitting and quarterly report to track the Estimated annual number of comments, and viewing the docket after progress of each State’s programs. VS responses per respondent: 2.1393423. the close of the comment period, is will use this information to make Estimated annual number of available through the site’s ‘‘User Tips’’ decisions about supplemental funding. responses: 108,255. link.

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Postal Mail/Commercial Delivery: Other organizations may be included as DEPARTMENT OF AGRICULTURE Please send four copies of your potential respondents by contacting Mr. comment (an original and three copies) J. Michael Tuck as indicated under FOR Foreign Agricultural Service to Docket No. APHIS–2007–0002, FURTHER INFORMATION CONTACT. Regulatory Analysis and Development, Trade Adjustment Assistance for Animal Care will use the information Farmers PPD, APHIS, Station 3A–03.8, 4700 from the survey to plan improvements River Road Unit 118, Riverdale, MD to the Animal Care program. AGENCY: Foreign Agricultural Service, 20737–1238. Please state that your USDA. We are asking OMB to approve our comment refers to Docket No. APHIS– ACTION: Notice. 2007–0002. use of this information collection Reading Room: You may read any activity for 3 years. The purpose of this The Administrator, Foreign comments that we receive on this notice is to solicit comments from the Agricultural Service (FAS), today docket in our reading room. The reading public (as well as affected agencies) accepted a petition filed by the Burley room is located in room 1141 of the concerning our information collection. Tobacco Growers Cooperative USDA South Building, 14th Street and These comments will help us: Association and the Burley Stabilization Independence Avenue, SW., (1) Evaluate whether the collection of Corporation representing Burley tobacco Washington, DC. Normal reading room information is necessary for the proper growers in Kentucky, Tennessee, hours are 8 a.m. to 4:30 p.m., Monday performance of the functions of the Virginia, North Carolina, West Virginia, through Friday, except holidays. To be Agency, including whether the Indiana, Ohio, and Missouri for trade sure someone is there to help you, information will have practical utility; adjustment assistance. The Administrator will determine within 40 please call (202) 690–2817 before (2) Evaluate the accuracy of our days whether or not increasing Burley coming. estimate of the burden of the collection tobacco imports contributed importantly Other Information: Additional of information, including the validity of to a decline in domestic producer prices information about APHIS and its the methodology and assumptions used; programs is available on the Internet at of 20 percent or more during the http://www.aphis.usda.gov. (3) Enhance the quality, utility, and marketing period beginning October 1, clarity of the information to be FOR FURTHER INFORMATION CONTACT: For 2005, and ending September 30, 2006. If information on an information collected; and the determination is positive, all collection associated with surveying (4) Minimize the burden of the producers who produce and market nongovernmental organizations collection of information on those who their Burley tobacco in Kentucky, interested in animal welfare, contact Mr. are to respond, through use, as Tennessee, Virginia, North Carolina, J. Michael Tuck, Senior Program appropriate, of automated, electronic, West Virginia, Indiana, Ohio, and Analyst, Office of the Deputy mechanical, and other collection Missouri will be eligible to apply to the Administrator, PPD, APHIS, 4700 River technologies; e.g., permitting electronic Farm Service Agency for no cost Road Unit 20, Riverdale, MD 20737– submission of responses. technical assistance and for adjustment 1238; phone (301) 734–5819; or e-mail Estimate of burden: The public assistance payments. [email protected]. For reporting burden for this collection of FOR FURTHER INFORMATION CONTACT: copies of more detailed information on information is estimated to average 0.16 Jean-Louis Pajot, Coordinator, Trade the information collection, contact Mrs. hours per response. Adjustment Assistance for Farmers, Celeste Sickles, APHIS’ Information FAS, USDA, (202) 720–2916, e-mail: Respondents: Established Collection Coordinator, at (301) 734– [email protected]. nongovernmental organizations 7477. interested in animal welfare. Dated: February 5, 2007. SUPPLEMENTARY INFORMATION: Michael W. Yost, Estimated annual number of Title: Animal Care; Program Administrator, Foreign Agricultural Service. respondents: 500. Evaluation Survey; Nongovernmental [FR Doc. E7–2776 Filed 2–15–07; 8:45 am] Organizations Interested in Animal Estimated annual number of BILLING CODE 3410–10–P Welfare. responses per respondent: 1. OMB Number: 0579–XXXX. Estimated annual number of Type of Request: Approval of a new responses: 500. DEPARTMENT OF AGRICULTURE information collection. Abstract: The Animal and Plant Estimated total annual burden on Foreign Agricultural Service Health Inspection Service, Animal Care respondents: 80 hours. (Due to program, conducts activities to averaging, the total annual burden hours Trade Adjustment Assistance for administer and enforce the Animal may not equal the product of the annual Farmers Welfare Act and the Horse Protection number of responses multiplied by the reporting burden per response.) AGENCY: Foreign Agricultural Service, Act and regulations issued under those USDA. All responses to this notice will be Acts. ACTION: Notice. Animal Care plans to survey summarized and included in the request nongovernmental organizations for OMB approval. All comments will The Administrator, Foreign interested in animal welfare. Animal also become a matter of public record. Agricultural Service (FAS), today Care will randomly select organizations Done in Washington, DC, this 12th day of accepted a petition filed by a group of from several sources, primarily those February 2007. apiarists representing Michigan natural the program interacts with on a regular Kevin Shea, honey, white or lighter, producers for basis (including allied industry trade adjustment assistance. The associations and groups concerned with Acting Administrator, Animal and Plant Administrator will determine within 40 Health Inspection Service. the humane treatment of animals), as days whether or not increasing imports well as appropriate organizations listed [FR Doc. E7–2789 Filed 2–15–07; 8:45 am] of natural honey contributed in the online database GuideStar.org. BILLING CODE 3410–34–P importantly to a decline in domestic

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producer prices of 20 percent or more DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: during the marketing period beginning Questions about the Agreement or September 1, 2005, and ending August Forest Service requests for copies should be directed to 31, 2006. If the determination is Rick Acosta, Mt. Hood National Forest, positive, all apiarists who produce and Bull Run Watershed Management Unit Public Affairs Officer, 16400 Champion market their natural honey in Michigan Agreement, Multnomah County, OR Way, Sandy, Oregon, 97055–7248, (e- will be eligible to apply to the Farm AGENCY: Forest Service, USDA. mal: [email protected]), or phone: 503– Service Agency for no cost technical ACTION: Notice of Availability of Draft 668–1791, or Terry Black, City of assistance and for adjustment assistance Agreement. Portland Water Bureau, Outreach payments. Specialist, 1120 SW., 5th Avenue, SUMMARY: The Mt. Hood National Forest Portland, OR 97204, (e-mail: FOR FURTHER INFORMATION CONTACT: [email protected]), or Jean-Louis Pajot, Coordinator, Trade (Forest) in coordination with the City of phone: 503–823–1168. Adjustment Assistance for Farmers, Portland Water Bureau (City) is FAS, USDA, (202) 720–2916, e-mail: preparing a new Bull Run Watershed SUPPLEMENTARY INFORMATION: The Bull [email protected]. Management Unit Agreement pursuant Run watershed, located in the Mt. Hood to Public Law 95–200, Section 2(d). This National Forest, is the largest and oldest Dated: February 5, 2007. Agreement will guide and be applicable of the several water supplies serving the Michael W. Yost, to all occupancy, use, and management Portland metropolitan area. Its role in Administrator, Foreign Agricultural Service. of the Bull Run Watershed Management the region’s past, present and future, [FR Doc. E7–2778 Filed 2–15–07; 8:45 am] Unit by the City and the Forest. This along with its unprecedented level of Agreement will replace the existing BILLING CODE 3410–10–P water quality, make it a high priority for 1979 Memorandum of Understanding both the City and the Forest Service to (MOU). The new Agreement will take the steps necessary to ensure its DEPARTMENT OF AGRICULTURE provide the revised administrative continuing quality, productivity and direction and agreements needed to protection. Foreign Agricultural Service structure the parties’ roles, As the City and the Forest Service responsibilities, business processes and began to look closely at the Trade Adjustment Assistance for working relationships for the coming administrative and policy frameworks Farmers decades. Consideration and approval of that guided their interactions they noted the Agreement is scheduled for June that much of that framework dated from AGENCY: Foreign Agricultural Service, 2007. The Forest and the City invite the late 1970s and arose from the USDA. written comments on the content and direction provided in the 1977 Bull Run scope of the Agreement. A copy of the ACTION: Notice. Management Act (Pub. L. 95–200). As draft Agreement is available on the little of that framework had been following Internet Web sites, http:// updated over time, its applicability to The Administrator, Foreign www.fs.fed.us/r6/mthood or http:// current issues and needs is limited. Agricultural Service (FAS), today www.potlandonline.com/water/. Hard Thus, this Agreement replaces the accepted a petition filed by National copies of the draft Agreement may be existing 1979 MOU, aligns practice with Grape Cooperative Association obtained by contacting the contact existing legislation, and provides the representing New York, Pennsylvania, person listed below. revised administrative direction and and Ohio Concord juice grape producers DATES: Comments concerning the agreements needed to structure the for trade adjustment assistance. The content and scope of analysis should be parties’ roles, responsibilities, business Administrator will determine within 40 postmarked by April 16, 2007. Two process and working relationships for days whether or not increasing imports Public meetings are scheduled. The the coming decades. of grape juice, not concentrated, meeting dates are: The City and the Forest Service, along contributed importantly to a decline in 1. March 20, 2007, 5:30 p.m. to 7:30 with community interests in the greater domestic producer prices of 20 percent p.m., Portland, OR. Portland metropolitan area, have had a or more during the marketing period 2. March 21, 2007, 6 p.m. to 8 p.m., long and sometimes contentious history beginning August 1, 2005, and ending Sandy, OR. of working together to protect and July 31, 2006. If the determination is ADDRESSES: manage the valuable ecological and positive, all Concord juice grape Send written comments and water resources of the Bull Run producers who produce and market suggestions concerning the Agreement watershed. But with the coming of the their Concord juice grapes in New York, to Gary Larsen, Forest Supervisor, Mt. 21st century, the issues and conflicts in Pennsylvania, and Ohio will be eligible Hood National Forest, 16400 Champion policy and direction that held attention to apply to the Farm Service Agency for Way, Sandy, Oregon 97055–7248. for the last fifty years have all but no cost technical assistance and for Comment may also be emailed to: disappeared. Now, the parties are adjustment assistance payments. comments-pacificnorthwest- [email protected]. Include your name turning to the future, responding to new FOR FURTHER INFORMATION CONTACT: and mailing address with your fiscal realities, and working together to Jean-Louis Pajot, Coordinator, Trade comments so documents pertaining to frame the structures, processes, roles Adjustment Assistance for Farmers, this Agreement may be mailed to you. and responsibilities that will allow them FAS, USDA, (202) 720–2916, e-mail: The meeting location are: to act effectively as joint stewards of this [email protected]. 1. Portland—Jean Vollum Natural valuable regional and national resource, Dated: February 5, 2007. Capital Center—Billy Frank Jr. in concert with citizens who Conference Center, 721 NW., 9th increasingly desire to redeem their Michael W. Yost, Avenue, Portland, OR 97209. responsibilities in stewardship of their Administrator, Foreign Agricultural Service. 2. Sandy—Mt Hood National Forest lands. [FR Doc. E7–2777 Filed 2–15–07; 8:45 am] Headquarters, 16400 Champion Way, Officials from the City of Portland and BILLING CODE 3410–10–P Sandy, OR 97030. the Mount Hood National Forest are

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proposing a new Agreement between are more resistant to insect and disease the transportation system approximately the City and the Forest Service to infestations and uncharacteristic 22 miles of currently authorized roads. identify preferred administrative wildfire. Move towards the Forest Plan Approximately 3.7 miles of temporary arrangements for their joint management vegetation desired conditions, and road would be constructed, and of the Bull Run Watershed Management maintain or increase the large tree approximately 0.8 miles of new road Unit. The purpose and hope of the component. (2) Modify stand density, would be constructed. Approximately Agreement is to document a new and structure, and species composition, to 6.5 miles of road currently not more relevant relationship between the restore suitable habitat for white-headed authorized would be improved by City and the Forest Service for the long- woodpecker and flammulated owls. (3) construction and added to the term stewardship of the Bull Run Provide commercial timber that will transportation system. Approximately Watershed Management Unit that is contribute to the annual harvest of 15.6 miles of road would be closed built on a firm foundation of citizen expected timber volume on the Boise (these would remain as authorized involvement. National Forest while moving towards roads) that are currently open, and 10.9 The final Agreement is scheduled to attaining the Forest Plan desired miles of closed road would be opened. be available in June 2007. In completing vegetative conditions. (4) Reduce tree Three culverts that are currently the Agreement, the Forest and the City stocking & brush within plantations in posing a fish migration barrier will be will respond to comments received order to maintain good tree growth and replaced and one would be removed as during the comment period. The Agency vigor, to reduce fire hazard by removal part of road decommissioning. officials are Gary Larsen, Forest of developing ladder fuels, and to Possible Alternatives to the Proposed Supervisor, Mt. Hood National Forest reduce future susceptibility to insects Action: One alternative to the Proposed for the Forest Service, and the City and disease infestations. (5) Improve Action that will be considered is a no official is Randy Leonard, water quality and aquatic habitat by action alternative. Other alternatives Commissioner-in-Charge, City of reducing long term sedimentation will likely be developed as issues are Portland Water Bureau for the City of caused by existing roads. identified and information received. Portland. The Proposed Action would Decisions to be Made: The Boise (Authority: Sec. 2, Pub. L. 95–200, 91 commercial harvest trees, and in some National Forest Supervisor will decide Stat. 1425 (16 U.S.C. 482b) areas use a combination of commercial the following: What amount and harvest thinning and pre-commercial Dated: February 12, 2007. distribution of commercial tree harvest thinning from approximately 1,970 Gary L. Larsen, and pre-commercial tree thinning or acres in the 14,500 acre project area. removal should be implemented to Forest Supervisor. Regeneration harvest would occur on achieve the project objectives? What [FR Doc. 07–717 Filed 2–15–07; 8:45 am] approximately 1,100 acres where insect amount of prescribed fire should be BILLING CODE 3410–11–M and disease infestation is particularly implemented to achieve the project severe. In addition approximately 4,700 objectives? What amount of plantation acres would have only pre-commercial thinning or brush removal should be DEPARTMENT OF AGRICULTURE removal of small diameter trees implemented to achieve the project (including 1,688 acres of plantations). Forest Service objectives? Which roads should be Within these areas of mechanical adopted as part of the forest-wide Becker Vegetation Management vegetation treatment, aspen clones minimum transporation system? What Project, Boise National Forest, Idaho would be managed by removing and existing roads are needed for long term reducing conifer competition in the management of the area? What AGENCY: Forest Service, USDA. immediate vicinity. Brush removal additional roads, if any, are needed to ACTION: Notice of Intent to Prepare would occur within approximately 450 implement the action? What roads are Environmental Impact Statement. additional acres of conifer plantations. not needed and should be An estimated 14.0 MMBF of timber decommissioned or obliterated? What SUMMARY: The Boise Ranger District of would be harvested using ground-based roads currently open should be closed? the Boise National Forest will prepare yarding systems. an environmental impact statement What culverts that are currently Prescribed burning would occur functioning as fish migration barriers (EIS) for a resource management project within approximately 12,000 acres of in the Crooked River Watershed. The should be replaced? Should project area to breakup the horizontal opportunities for aspen enhancement 14,500 acre project area is located and vertical fuel continuity to reduce approximately 18 miles northeast of and whitebark pine restoration be the chance of uncharacteristic stand implemented as part of the planned Idaho City, Idaho, and about 48 miles replacement fires. Approximately 1,550 northeast of Boise, Idaho. actions? Should opportunities for native acres would be a natural fuels burn area plant restoration be implemented? The agency invites written comments where no mechanical treatment would and suggestions on the scope of the occur, these acres would include target DATES: Comments concerning the analysis. The agency also hereby gives areas and conditional or incidental burn proposed project and analysis are notice of the environmental analysis areas. A burn block of approximately encouraged and should be postmarked and decision-making process that will 10,620 acres would target mechanically or received within 30 days following occur on the proposal so interested and treated areas (commercial and pre- publication of this announcement in the affected people are aware of how they commercial thinning) and also include Federal Register. may participate and contribute to the conditional or incidental burn areas. ADDRESSES: Comments should be final decision. At this time no public Approximately 15 acres would be addressed to the Boise National Forest, meetings to discuss the project are targeted for native plant restoration. ATTN: Daniel Schlender, 1249 South planned. Whitebark pine restoration and Vinnell Way, Suite 200, Boise, ID 83709 Proposed Action: The primary enhancement is proposed in a 40 acre or sent electronically to comments- purposes of the project are: (1) Manage area around the summit of Pilot Peak. [email protected]. the stand density, structure, and species The proposed action would Electronic comments must be submitted composition to provide conditions that decommission and remove these from in plain text or another format

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compatible with Microsoft Word. Regulations for implementing the 1. The action will not result in any Comments received in response to this procedural provisions of the National additional reporting, recordkeeping or request will be available for public Environmental Policy Act at 40 CFR other compliance requirements for small inspection and will be released in their 1503.3 in addressing these points. entities other than the small entirety if requested pursuant to the Responsible Official: Richard A. organizations that will furnish the Freedom of Information Act. Smith, Forest Supervisor, Boise products and services to the FOR FURTHER INFORMATION CONTACT: National Forest, 1249 South Vinnell Government. Further information can be obtained Way, Suite 200, Boise, ID 83709. 2. The action will result in from Daniel Schlender at the address Dated: February 1, 2007. authorizing small entities to furnish the mentioned above or by calling (208) Frank V. Guzman, products and services to the 373–4245. Deputy Forest Supervisor. Government. Schedule: Draft Environmental Impact 3. There are no known regulatory [FR Doc. 07–602 Filed 2–15–07; 8:45 am] alternatives which would accomplish Statement (DEIS), July 2007. Final BILLING CODE 3410–11–M Environmental Impact Statement (FEIS), the objectives of the Javits-Wagner- October 2007. O’Day Act (41 U.S.C. 46–48c) in connection with the products and SUPPLEMENTARY INFORMATION: The entire COMMITTEE FOR PURCHASE FROM project area lies within Management services proposed for addition to the PEOPLE WHO ARE BLIND OR Procurement List. Area 7 (North Fork Boise River), SEVERELY DISABLED discussed on pages III–166 through III– End of Certification 177 in the 2003 Boise National Land Procurement List Additions Accordingly, the following product and Resource Management Plan. The AGENCY: Committee for Purchase from and services are added to the project area occurs within Management Procurement List: Prescription Category 5.2 (Commodity People Who Are Blind or Severely Production Emphasis within Forested Disabled. Product ACTION: Additions to Procurement List. Landscapes). Retractable ID Badge Holder The comment period on the DEIS will SUMMARY: This action adds to the be 45 days from the date the NSN: 8455–00–NIB–0012–Black Procurement List a product and services Environmental Protection Agency NPA: West Texas Lighthouse for the to be furnished by nonprofit agencies publishes the notice of availability in Blind, San Angelo, TX employing persons who are blind or the Federal Register. Contracting Activity: GSA, Southwest have other severe disabilities. The Forest Service believes, at this Supply Center, Fort Worth, TX early stage, it is important to give EFFECTIVE DATE: March 18, 2007. Coverage: A-list—for the total reviewers notice of several court rulings ADDRESSES: Committee for Purchase Government requirement as specified by related to public participation in the From People Who Are Blind or Severely the General Services Administration Disabled Jefferson Plaza 2, Suite 10800, environmental review process. First, Services reviewers of the DEIS must structure 1421 Jefferson Davis Highway, their participation in the environmental Arlington, Virginia 22202–3259. Service Type/Location: Base Supply review of the proposal so that it is FOR FURTHER INFORMATION OR TO SUBMIT Center, U.S. Census Bureau Federal meaningful and alerts an agency to the COMMENTS CONTACT: Sheryl D. Kennerly, Building, Suitland, MD. reviewer’s position and contention. Telephone: (703) 603–7740, Fax: (703) NPA: Winston-Salem Industries for Vermont Yankee Nuclear Power Corp. v. 603–0655, or e-mail the Blind, Winston-Salem, NC. NRDC, 435 U.S. 519, 553 (1978). Also, [email protected]. Contracting Activity: U.S. Census environmental objections that could be SUPPLEMENTARY INFORMATION: On Bureau, Suitland, MD. raised at the DEIS stage but are raised December 1, December 15, and Service Type/Location: Base Supply until after completion of the FEIS may December 22nd 2006, the Committee for Center & Individual Equipment be waived or dismissed by the courts. Purchase From People Who Are Blind Element, Patrick Air Force Base/40 City of Angoon v. Hodel, 803 F. 2d 1016, or Severely Disabled published notice CONS/LGCBA (1201 Edward H. White II 1002 (9th Cir., 1986) and Wisconsin (71 FR 69537; 75496; 76966) of Street), Patrick AFB, FL. Heritages, Inc. v. Harris, 490 F. Supp. proposed additions to the Procurement NPA: L.C. Industries For The Blind, 1334, 1338 (E.D. Wis. 1980). Because of List. Inc., Durham, NC. these court rulings, it is very important After consideration of the material Contracting Activity: 45th Contracting that those interested in this proposed presented to it concerning capability of Squadron/LGCAA, Patrick AFB, FL. action participate by the close of the qualified nonprofit agencies to provide Service Type/Location: Custodial DEIS 45-day comment period so that the products and services and impact of substantive comments and objections Services, U.S. Park Police, 661 Cowles the additions on the current or most Ave, Horse Mounted Patrol (HMP) are made available to the Forest Service recent contractors, the Committee has at a time when it can meaningfully Office (Excluding Horse Stable Area), determined that the products and San Francisco, CA. consider them and respond to them in services listed below are suitable for the FEIS. procurement by the Federal Government Service Type/Location: Custodial To assist the Forest Service in under 41 U.S.C. 46–48c and 41 CFR 51– Services, U.S. Park Police—Presidio identifying and considering issues and 2.4. Park Police Locations, 1217 Ralston concerns on the proposed action, Avenue (Excluding Basement Area), San comments on the DEIS should be as Regulatory Flexibility Act Certification Francisco, CA. specific as possible. It is also helpful if I certify that the following action will NPA: Toolworks, Inc., San Francisco, comments refer to specific pages or not have a significant impact on a CA. chapters of the draft statement. substantial number of small entities. Contracting Activity: U.S. Park Police Reviewers may wish to refer to the The major factors considered for this (Presidio of San Francisco), San Council on Environmental Quality certification were: Francisco, CA.

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This action does not affect current Title: An Observer Program for Act of 1995, Public Law 104–13 (44 contracts awarded prior to the effective Catcher Vessels in the Pacific Coast U.S.C. 35068(2)(A)). date of this addition or options that may Groundfish Fishery. DATES: Written comments must be be exercised under those contracts. Form Number(s): None. submitted on or before April 17, 2007. OMB Approval Number: 0648–0423. ADDRESSES: Direct all written comments Sheryl D. Kennerly, Type of Request: Regular submission. Director, Information Management. to Diana Hynek, Departmental Burden Hours: 2,116. Paperwork Clearance Officer, [FR Doc. E7–2784 Filed 2–15–07; 8:45 am] Number of Respondents: 1,763. Department of Commerce, Room 6625, BILLING CODE 6353–01–P Average Hours Per Response: 10 14th & Constitution Avenue, NW., minutes. Washington, DC 20230 or via the Needs and Uses: This data collection Internet at [email protected]. COMMISSION ON CIVIL RIGHTS requires that a representative (owner, operator, or manager) for selected FOR FURTHER INFORMATION CONTACT: Agenda and Notice of Public Meeting catcher vessels participating in the Request for additional information or of the Georgia Advisory Committee Pacific Coast Groundfish Fishery copies of the information collection provide the National Marine Fisheries instrument and instructions should be Notice is hereby given, pursuant to Service with notification at least 24 directed to: William Kutson, U.S. & the provisions of the rules and hours before departure for a fishing trip Foreign Commercial Service, Export regulations of the U.S. Commission on and notification when the vessel ceases Promotion Services, Room 2212, 14th & Civil Rights, that a meeting of the to participate in the observed portion of Constitution Avenue, NW., Washington, Georgia Advisory Committee will the fleet. The information will be used DC 20230; Phone number: (202) 482– convene at 1 p.m. and adjourn at 5 p.m. to plan for fishery observer assignments. 2839, and fax number: (202) 482–0178. on Thursday, March 1, 2007, at Affected Public: Business or other for- SUPPLEMENTARY INFORMATION: Conference Room A, Sam Nunn Federal profit organizations. Building, 61 Forsyth St., SW., Atlanta, I. Abstract Respondent’s Obligation: Mandatory. Georgia, 30303. The purpose of the OMB Desk Officer: David Rostker, The International Trade meeting is to give an orientation to (202) 395–3897. Administration’s International Buyer members, discuss the Committee’s Copies of the above information Program (IBP) encourages international report on school desegregation, receive collection proposal can be obtained by buyers to attend selected domestic trade a briefing on religious freedom for calling or writing Diana Hynek, shows in high export potential prisoners, and discuss future activities Departmental Paperwork Clearance industries and to facilitate contact of the Committee. Officer, (202) 482–0266, Department of between U.S. exhibitors and foreign Persons desiring additional Commerce, Room 6625, 14th and visitors. The program has been information should contact Peter Constitution Avenue, NW., Washington, successful, having substantially Minarik, Regional Director, Southern DC 20230 (or via the Internet at increased the number of foreign visitors Regional Office, at 404–562–7000 (or for [email protected]). attending these selected shows as the hearing impaired TDD 202–376– Written comments and compared to the attendance when not 8116). Hearing-impaired persons who recommendations for the proposed supported by the program. The number will attend the meeting and require the information collection should be sent of shows selected to the program services of a sign language interpreter within 30 days of publication of this increased from 10 in FY 1986 to 32 in should contact the Regional Office at notice to David Rostker, OMB Desk FY 2004 and will increase to 36 shows least ten (10) working days before the Officer, FAX number (202) 395–7285, or in FY 2007. (Because the program scheduled date of the meeting. [email protected]. schedule will transition from a fiscal The meeting will be conducted year to calendar year, the 2007 program pursuant to the provisions of the rules Dated: February 12, 2007. will run 15 months rather than 12. This and regulations of the Commission. Gwellnar Banks, will cause six shows to repeat, bringing Dated at Washington, DC, February 12, Management Analyst, Office of the Chief the total number of shows in the FY/CY 2007. Information Officer. 2007 schedule to 42.) The criteria used Ivy L. Davis, [FR Doc. E7–2743 Filed 2–15–07; 8:45 am] to select these shows are: export Acting Chief, Regional Programs BILLING CODE 3510–22–P potential, international interest, scope of Coordination Unit. show, stature of show, exhibitor interest, overseas marketing, logistics, [FR Doc. E7–2775 Filed 2–15–07; 8:45 am] DEPARTMENT OF COMMERCE BILLING CODE 6335–01–P delegation incentives, and cooperation of show organizers. International Trade Administration II. Method of Collection International Buyer Program: DEPARTMENT OF COMMERCE Form ITA–4014P, Exhibitor Data, is Application and Exhibitor Data Submission for OMB Review; used to determine which U.S. firms are Comment Request ACTION: Proposed collection; comment interested in meeting with international request. business visitors and the overseas The Department of Commerce will business interest of the exhibitors. The submit to the Office of Management and SUMMARY: The Department of form is completed by U.S. exhibitors Budget (OMB) for clearance the Commerce, as part of its continuing participating in an IBP domestic trade following proposal for collection of effort to reduce paperwork and show and is used to list the firm and its information under the provisions of the respondent burdens, invites the general products in an Export Interest Directory, Paperwork Reduction Act (44 U.S.C. public and other Federal agencies to which is made available for use by Chapter 35). take this opportunity to comment on the Foreign Commercial Officers in Agency: National Oceanic and continuing information collections, as recruiting delegations of international Atmospheric Administration (NOAA). required by the Paperwork Reduction buyers to attend the show and is also

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distributed to IBP delegation members DEPARTMENT OF COMMERCE practicable to complete the review and other foreign buyers visiting the within the time specified under the Act, event. International Trade Administration in accordance with section 751(a)(3)(A) The Form ITA–4102P, Application, is [A–122–840] of the Act, the Department is extending used by IBP applicant show organizers the time limit for completion of the final results by 60 days to May 7, 2007. to demonstrate (1) Their experience, (2) Carbon and Certain Alloy Steel Wire Rod from Canada: Extension of Time We are issuing and publishing this ability to meet the special conditions of notice in accordance with sections the IBP, and Limit for Final Results of the Antidumping Duty Administrative 751(a)(1) and 777(i)(1) of the Act. (3) provide information about the Review Dated: February 12, 2007. domestic trade show such as the Stephen J. Claeys, number of U.S. exhibitors and the AGENCY: Import Administration, Deputy Assistant Secretary for Import percentage of net exhibit space occupied International Trade Administration, Department of Commerce. Administration. by U.S. companies vis-a-vis non-U.S. [FR Doc. E7–2819 Filed 2–15–07; 8:45 am] exhibitors. EFFECTIVE DATE: February 16, 2007. BILLING CODE 3510–DS–S FOR FURTHER INFORMATION CONTACT: III. Data Damian Felton or Brandon Farlander, OMB Number: 0625–0151. AD/CVD Operations, Office 1, Import DEPARTMENT OF COMMERCE Administration, International Trade Form Number: ITA–4014P and ITA– Administration, U.S. Department of International Trade Administration 4102P. Commerce, 14th Street and Constitution [A–469–814] Type of Review: Regular submission. Avenue, NW, Washington, DC 20230; Affected Public: Business or other for- telephone: (202) 482–0133 or (202) 482– Chlorinated Isocyanurates From Spain: profit organizations. 0182, respectively. Extension of Time Limit for Preliminary Estimated Number of Respondents: SUPPLEMENTARY INFORMATION: Results of the First Administrative Review 7,250. Background Estimated Time per Response: On December 1, 2005, the Department AGENCY: Import Administration, Application, 3 hours, and Exhibitor of Commerce (‘‘Department’’) published International Trade Administration, Data, 10 minutes. its notice of initiation of an Department of Commerce. EFFECTIVE DATE: Total Annual Burden Hours: 1,400. antidumping duty administrative review February 16, 2007. on carbon and certain alloy steel wire FOR FURTHER INFORMATION CONTACT: Estimated Total Annual Costs: rod from Canada. See Initiation of Thomas Martin or Mark Manning at $67,500. Antidumping and Countervailing Duty (202) 482–3936 or (202) 482–5253, IV. Request for Comments Administrative Reviews and Deferral of respectively; AD/CVD Operations, Administrative Reviews, 70 FR 72107 Office 4, Import Administration, Comments are invited on (a) Whether (December 1, 2005). On November 6, International Trade Administration, the proposed collection of information 2006, the Department published the U.S. Department of Commerce, 14th is necessary for the proper performance preliminary results of this review. See Street and Constitution Avenue, NW., of the functions of the agency, including Notice of Preliminary Results of Washington, DC 20230. whether the information shall have Antidumping Duty Administrative SUPPLEMENTARY INFORMATION: On July practical utility; (b) the accuracy of the Review and Notice of Initiation of 27, 2006, the Department of Commerce agency’s estimate of the burden Changed Circumstances Review: Carbon (the Department) initiated an (including hours and costs) of the and Certain Alloy Steel Wire Rod from administrative review of the proposed collection of information; (c) Canada, 71 FR 64921 (November 6, antidumping duty order on chlorinated ways to enhance the quality, utility, and 2006). isocyanurates from Spain, for the period clarity of the information to be Extension of Time Limit for Final December 20, 2004, to May 31, 2006. collected; and (d) ways to minimize the Results See Initiation of Antidumping and burden of the collection of information Countervailing Duty Administrative Pursuant to section 751(a)(3)(A) of the on respondents, including through the Reviews and Request for Revocation in Tariff Act of 1930, as amended (‘‘the use of automated collection techniques Part, 71 FR 42626 (July 27, 2006). Act’’), the Department shall issue final or forms of information technology. results in an administrative review of an Extension of Time Limits for Comments submitted in response to antidumping duty order within 120 Preliminary Results of Antidumping this notice will be summarized and/or days after the date on which the Duty Administrative Review included in the request for OMB preliminary results is published. Section 751(a)(3)(A) of the Tariff Act approval of this information collection; However, if it is not practicable to of 1930, as amended (the Act) and 19 they also will become a matter of public complete the review within the CFR 351.213(h)(1) require the record. specified time periods, section Department to issue the preliminary 751(a)(3)(A) of the Act allows the results of an administrative review Dated: February 12, 2007. Department to extend this deadline to a within 245 days after the last day of the Gwellnar Banks, maximum 180 days. anniversary month of the order for Management Analyst, Office of the Chief Completion of the final results within which the administrative review was Information Officer. the originally anticipated time limit, requested, and the final results of the [FR Doc. E7–2744 Filed 2–15–07; 8:45 am] March 6, 2007, is impracticable because review within 120 days after the date on BILLING CODE 3510–FP–P this review requires the Department to which the notice of the preliminary analyze the complex issues regarding results was published in the Federal the level of trade. Because it is not Register. However, if the Department

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determines that it is not practicable to section 351.218(e)(2)(i) of the production of a domestic like product in complete the review within these time Department’s regulations. As a result of the United States. periods, section 751(a)(3)(A) of the Act this sunset review, the Department The Department received a complete and 19 CFR 351.213(h)(2) allow the preliminarily finds that revocation of substantive response to the Notice of Department to extend the 245-day the antidumping duty order would Initiation from the domestic interested period to 365 days and the 120-day likely lead to continuation or recurrence parties within the 30-day deadline period to 180 days. of dumping at the levels listed below in specified in the Sunset Regulations We determine that it is not practicable the section entitled ‘‘Preliminary under section 351.218(d)(3)(i). The to complete the preliminary results of Results of Review.’’ Department also received a complete substantive response from a respondent this administrative review by the EFFECTIVE DATE: February 16, 2007. current deadline of March 2, 2007. The interested party, Corus Staal BV, within Department requires additional time to FOR FURTHER INFORMATION CONTACT: the deadline specified in section review Aragonesas Industrias y Energı´a Steve Bezirganian or Robert James, AD/ 351.218(d)(3)(i) of the Department’s S.A.’s recent submissions, which may CVD Operations, Office 7, Import regulations. require the Department to make Administration, International Trade On September 1, 2006, the additional requests for information in Administration, U.S. Department of Department received a request from th regard to affiliation, and certain sales Commerce, 14 Street & Constitution United States Steel Corporation for an and cost of production-related issues. Avenue, NW, Washington, DC, 20230; extension of the deadline for filing Therefore, in accordance with section telephone: 202–482–1131 and 202–482– rebuttal comments to the substantive 751(a)(3)(A) of the Act and 19 CFR 0649, respectively. response of the respondent interested 351.213(h)(2), the Department is SUPPLEMENTARY INFORMATION: parties. Pursuant to section 351.302(b) extending the time limit for the of the Department’s regulations, parties Background completion of these preliminary results were granted an extension to file to June 1, 2007. The final results will be On August 1, 2005, the Department rebuttal comments to the substantive due 120 days after the date of issuance published its notice of initiation of the responses until September 8, 2006. On of the preliminary results, unless first sunset review of the antidumping September 8, 2006, Corus Staal BV and extended. duty order on certain hot–rolled carbon United States Steel Corporation filed This notice is issued and published in steel flat products from the Netherlands, rebuttal comments. On September 20, 2006, the accordance with sections 751(a)(3)(A) in accordance with section 751(c) of the Department found that the respondent and 777(i)(1) of the Act. Act. See Initiation of Five-year interested parties accounted for more (‘‘Sunset’’) Reviews, 71 FR 43443 Dated: February 13, 2007. than 50 percent of exports by volume of (August 1, 2006) (Notice of Initiation). Stephen J. Claeys, the subject merchandise from Germany Deputy Assistant Secretary for Import The Department received a Notice of to the United States. See the September Administration. Intent to Participate from a respondent 20, 2006, memorandum from Robert [FR Doc. E7–2820 Filed 2–15–07; 8:45 am] interested party, Corus Staal BV. Corus James to Richard Weible entitled Staal BV claimed interested party status BILLING CODE 3510–DS–P ‘‘Sunset Review of Certain Hot–Rolled as a foreign producer, under section Carbon Steel Flat Products from the 771(9)(A) of the Act (19 U.S.C. Netherlands: Adequacy of Domestic and DEPARTMENT OF COMMERCE 1677(9)(A)) and 19 CFR 351.102(b). Respondent Interested Party Responses The Department also received a to the Notice of Initiation.’’ In International Trade Administration Notice of Intent to Participate from the accordance with section 351.218(e)(2)(i) [A–421–807] following domestic interested parties: of the Department’s regulations, the Nucor Corporation; Gallatin Steel; Department determined to conduct a Certain Hot–Rolled Carbon Steel Flat IPSCO Steel, Inc.; Steel Dynamics, Inc.; full sunset review of this antidumping Products from the Netherlands; Mittal Steel USA; and United States duty order. Preliminary Results of the Sunset Steel Corporation (collectively Domestic The Department extended the Review of Antidumping Duty Order Producers). Finally, the Department deadlines for the preliminary results of received a Notice of Intent to Participate this review and the final results of this AGENCY: Import Administration, from an additional domestic interested review to February 12, 2007, and June International Trade Administration, party: United Steel, Paper and Forestry, 22, 2007, respectively. See Certain Hot– Department of Commerce. Rubber, Manufacturing, Energy, Allied Rolled Carbon Steel Flat Products from SUMMARY: On August 1, 2006, the Industrial and Service Workers the Netherlands; Extension of Time Department of Commerce (‘‘the International Union, AFL–CIO-CLC. The Limits for Preliminary and Final Results Department’’) initiated a sunset review Notices of Intent to Participate from of Full Five-year (‘‘Sunset’’) Review of of the antidumping duty order on domestic interested parties were within Antidumping Duty Order, 71 FR 67854 certain hot–rolled carbon steel flat the deadline specified in section (November 24, 2006). products from the Netherlands (see 351.218(d)(1)(i) of the Department’s Initiation of Five-year (‘‘Sunset’’) Regulations (see Procedures for Scope of the Order Reviews, 71 FR 43443 (August 1, 2006)). Conducting Five-year (‘‘Sunset’’) For purposes of this order, the On the basis of the notice of intent to Reviews of Antidumping and products covered are certain hot–rolled participate, adequate substantive Countervailing Duty Orders (Sunset carbon steel flat products of a responses and rebuttal comments filed Regulations), 63 FR 13516 (March 20, rectangular shape, of a width of 0.5 inch on behalf of the domestic and 1998)). The domestic interested parties or greater, neither clad, plated, nor respondent interested parties, the claimed interested party status under coated with metal and whether or not Department is conducting a full sunset sections 771(9)(C) and (D) of the Act, as painted, varnished, or coated with review of the antidumping duty order manufacturers of a domestic–like plastics or other non–metallic pursuant to section 751(c) of the Tariff product in the United States, and a substances, in coils (whether or not in Act of 1930, as amended (‘‘the Act’’) and union whose workers are engaged in the successively superimposed layers),

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regardless of thickness, and in straight (SAE)/American Iron and Steel Analysis of Comments Received lengths, of a thickness of less than 4.75 Institute (AISI) grades of series 2300 All issues raised in this sunset review mm and of a width measuring at least and higher. are addressed in the ‘‘Issues and 10 times the thickness. Universal mill • Ball bearings steels, as defined in Decision Memorandum for the Full plate (i.e., flat–rolled products rolled on the HTSUS. Sunset Review of the Antidumping Duty four faces or in a closed box pass, of a • Tool steels, as defined in the Order on Certain Hot–Rolled Carbon width exceeding 150 mm, but not HTSUS. Steel Flat Products from the exceeding 1250 mm, and of a thickness • Silico–manganese (as defined in the Netherlands; Preliminary Results,’’ from of not less than 4.0 mm, not in coils and HTSUS) or silicon electrical steel Stephen Claeys, Deputy Assistant without patterns in relief) of a thickness with a silicon level exceeding 2.25 Secretary for Import Administration, to not less than 4.0 mm is not included percent. David Spooner, Assistant Secretary for within the scope of the order. • Import Administration, dated February Specifically included within the scope ASTM specifications A710 and A736. 12, 2007 (‘‘Decision Memorandum’’), of this order are vacuum degassed, fully which is hereby adopted by this notice. • USS Abrasion–resistant steels (USS stabilized (commonly referred to as The issues discussed in the Decision interstitial–free (IF)) steels, high AR 400, USS AR 500). • Memorandum include: the legal strength low alloy (HSLA) steels, and All products (proprietary or authority to conduct sunset review; the substrate for motor lamination otherwise) based on an alloy ASTM Corus Staal BV’s claim with regard to steels. IF steels are recognized as low specification (sample specifications: the Department’s practice embodied in carbon steels with micro–alloying levels ASTM A506, A507). the Sunset Review Policy Bulletin; the • of elements such as titanium or niobium Non–rectangular shapes, not in likelihood of the continuation or (also commonly referred to as coils, which are the result of having recurrence of dumping (non–de minimis columbium), or both, added to stabilize been processed by cutting or margins in administrative reviews, and carbon and nitrogen elements. HSLA stamping and which have assumed significant decline in import volumes); steels are recognized as steels with the character of articles or products the magnitude of the margin likely to micro–alloying levels of elements such classified outside chapter 72 of the prevail (zeroing, sales by U.S. affiliate as chromium, copper, niobium, HTSUS. GalvPro LP, and duty absorption). vanadium, and molybdenum. The The merchandise subject to this order Parties can find a complete discussion substrate for motor lamination steels is classified in the HTSUS at of all issues raised in this sunset review contains micro–alloying levels of subheadings: 7208.10.15.00, and the corresponding elements such silicon and aluminum. 7208.10.30.00, 7208.10.60.00, recommendations in this public Steel products to be included in the 7208.25.30.00, 7208.25.60.00, memorandum, which is on file in room scope of this order, regardless of 7208.26.00.30, 7208.26.00.60, B–099 of the main Department Building. definitions in the Harmonized Tariff 7208.27.00.30, 7208.27.00.60, In addition, a complete version of the Schedule of the United States (HTSUS), 7208.36.00.30, 7208.36.00.60, Decision Memo can be accessed directly are products in which: (i) iron 7208.37.00.30, 7208.37.00.60, on the Web at http://ia.ita.doc.gov/frn, predominates, by weight, over each of 7208.38.00.15, 7208.38.00.30, under the heading ‘‘February 2007.’’ the other contained elements; (ii) the 7208.38.00.90, 7208.39.00.15, The paper copy and electronic version carbon content is 2 percent or less, by 7208.39.00.30, 7208.39.00.90, of the Decision Memorandum are weight; and (iii) none of the elements 7208.40.60.30, 7208.40.60.60, identical in content. listed below exceeds the quantity, by 7208.53.00.00, 7208.54.00.00, Preliminary Results of Review weight, respectively indicated: 7208.90.00.00, 7211.14.00.90, 1.80 percent of manganese, or 7211.19.15.00, 7211.19.20.00, The Department preliminarily 2.25 percent of silicon, or 7211.19.30.00, 7211.19.45.00, determines that revocation of the 1.00 percent of copper, or 7211.19.60.00, 7211.19.75.30, antidumping duty order on certain hot– 0.50 percent of aluminum, or 7211.19.75.60, and 7211.19.75.90. rolled carbon steel flat products from 1.25 percent of chromium, or the Netherlands is likely to lead to 0.30 percent of cobalt, or Certain hot–rolled flat–rolled carbon steel flat products covered by this order, continuation or recurrence of dumping 0.40 percent of lead, or at the following weighted–average 1.25 percent of nickel, or including: vacuum degassed fully margins: 0.30 percent of tungsten, or stabilized; high strength low alloy; and 0.10 percent of molybdenum, or the substrate for motor lamination steel may also enter under the following tariff Manufacturers/Pro- Weighted–Average 0.10 percent of niobium, or ducers/Exporters Margin (Percent) 0.15 percent of vanadium, or numbers: 7225.11.00.00, 7225.19.00.00, 0.15 percent of zirconium. 7225.30.30.50, 7225.30.70.00, Corus Staal BV ...... 2.59 All products that meet the physical and 7225.40.70.00, 7225.99.00.90, All Others ...... 2.59 chemical description provided above 7226.11.10.00, 7226.11.90.30, are within the scope of this order unless 7226.11.90.60, 7226.19.10.00, Any interested party may request a otherwise excluded. The following 7226.19.90.00, 7226.91.50.00, hearing within 30 days of publication of products, by way of example, are 7226.91.70.00, 7226.91.80.00, and this notice in accordance with 19 CFR outside or specifically excluded from 7226.99.00.00. Subject merchandise 351.310(c). Interested parties may the scope of this order: may also enter under 7210.70.30.00, submit case briefs no later than 50 days • Alloy hot–rolled steel products in 7210.90.90.00, 7211.14.00.30, after the date of publication of this which at least one of the chemical 7212.40.10.00, 7212.40.50.00, and notice, in accordance with 19 CFR elements exceeds those listed above 7212.50.00.00. Although the HTSUS 351.309(c)(1)(i). Rebuttal briefs, which (including, e.g., ASTM subheadings are provided for must be limited to issues raised in the specifications A543, A387, A514, convenience and U.S. Customs case briefs, may be filed no later than 5 A517, A506). purposes, the written description of the days after the case briefs, in accordance • Society of Automotive Engineers scope of this order is dispositive. with 19 CFR 351.309(d)(1). Any hearing,

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if requested, will be held two days after On February 1, 2007, the petitioner, SUPPLEMENTARY INFORMATION: The SSC rebuttal briefs are due, in accordance Sunkist Growers, Inc., made a timely will meet to discuss the items contained with 19 CFR 351.310(d)(1). The request pursuant to 19 CFR in the following agenda: Department will issue a notice of final 351.205(b)(2) and (e) for a 50-day Call to order results of this sunset review, which will postponement of the preliminary Data and Stock Assessment Needs to include the results of its analysis of determinations. The petitioner End Overfishing and Set Annual Catch issues raised in any such briefs, no later requested postponement of the Limits for Species Under Management than June 22, 2007 (see Certain Hot– preliminary determinations in order to Presentation and Review of Dr. David Rolled Carbon Steel Flat Products from allow the Department additional time in Olsen’s Data on the Status of the St. the Netherlands; Extension of Time which to review the complex Thomas/St. John Fisheries Limits for Preliminary and Final Results questionnaire responses that have been Discussion on the Sale of Catch by of Full Five-year (‘‘Sunset’’) Review of submitted in the investigations and to Charter Boats/Recreational Fishers in Antidumping Duty Order, 71 FR 67854 analyze additional responses due to be the US Caribbean (White Paper) (November 24, 2006)). filed shortly. Other Business Discussion on Vermillion Snapper This five-year (‘‘sunset’’) review and For the reasons identified by the and Queen Snapper Place in the notice are in accordance with sections petitioner and because there are no 751(c), 752, and 777(i)(1) of the Act. Management Groups compelling reasons to deny the request, The meeting is open to the public, Dated: February 12, 2007. the Department is postponing the and will be conducted in English. David Spooner, deadline for the preliminary Fishers and other interested persons are determinations under section Assistant Secretary for Import invited to attend and participate with Administration. 733(c)(1)(A) of the Act by 50 days to oral or written statements regarding April 19, 2007. The deadline for the [FR Doc. E7–2816 Filed 2–15–07; 8:45 am] agenda issues. final determinations will continue to be BILLING CODE 3510–DS–S Although non-emergency issues not 75 days after the date of the preliminary contained in this agenda may come determinations, unless extended. before this group for discussion, those DEPARTMENT OF COMMERCE This notice is issued and published issues may not be the subject of formal pursuant to sections 733(c)(2) of the Act action during this meeting. Action will International Trade Administration and 19 CFR 351.205(f)(1). be restricted to those issues specifically [A–357–818, A–201–835] Dated: February 8, 2007. identified in this notice and any issues Stephen J. Claeys, arising after publication of this notice Postponement of Preliminary Deputy Assistant Secretary for Import that require emergency action under Determinations of Antidumping Duty Administration. section 305(c) of the Magnuson-Stevens Investigations: Lemon Juice from [FR Doc. E7–2815 Filed 2–15–07; 8:45 am] Fishery Conservation and Management Argentina and Mexico BILLING CODE 3510–DS–S Act, provided the public has been notified of the Council’s intent to take AGENCY: Import Administration, final action to address the emergency. International Trade Administration, DEPARTMENT OF COMMERCE Department of Commerce. Special Accommodations EFFECTIVE DATE: February 16, 2007. National Oceanic and Atmospheric This meeting is physically accessible FOR FURTHER INFORMATION CONTACT: Administration to people with disabilities. For more Mark Hoadley (Argentina) or Edythe information or request for sign language Artman (Mexico), AD/CVD Operations, [I.D. 021207G] interpretation and/other auxiliary aids, Office 6 and Office 5, Import please contact Mr. Miguel A. Rolon, Administration, International Trade Caribbean Fishery Management Executive Director, Caribbean Fishery Administration, U.S. Department of Council; Public Meeting Management Council, 268 Munoz Commerce, 14th Street and Constitution Rivera Avenue, Suite 1108, San Juan, AGENCY: National Marine Fisheries Avenue, N.W., Washington, DC 20230; Puerto Rico 00918–1920; telephone: Service (NMFS), National Oceanic and telephone: (202) 482–3148 or (202) 482– (787) 766–5926, at least 5 days prior to Atmospheric Administration (NOAA), 2921, respectively. the meeting date. Commerce. SUPPLEMENTARY INFORMATION: ACTION: Notice of a public meeting. Dated: February 12, 2007. Postponement of Preliminary James P. Burgess, Determinations SUMMARY: The Caribbean Fishery Acting Director, Office of Sustainable Management Council’s (Council) Fisheries, National Marine Fisheries Service. On October 19, 2006, the Department Scientific and Statistical Committee [FR Doc. E7–2736 Filed 2–15–07; 8:45 am] of Commerce (the Department) initiated (SSC) will hold a meeting. the antidumping duty investigations of BILLING CODE 3510–22–S lemon juice from Argentina and Mexico. DATES: The SSC meeting will be held on March 7, 2007, from 10 a.m. until 4 See Initiation of Antidumping Duty DEPARTMENT OF COMMERCE Investigations: Lemon Juice from p.m., approximately. Argentina and Mexico, 71 FR 61710 ADDRESSES: The meeting will be held at National Oceanic and Atmospheric (October 19, 2006). The notice of the Pierre Hotel at Gallery Plaza, 105 Administration initiation stated that the Department Jose de Diego Avenue, San Juan, Puerto would issue its preliminary Rico 00914. [I.D. 012907C] FOR FURTHER INFORMATION CONTACT: determinations for these investigations New England Fishery Management no later than 140 days after the date of Caribbean Fishery Management Council, Council; Public Meeting issuance of the initiation, in accordance 268 Munoz Rivera Avenue, Suite 1108, with section 733(b)(1)(A) of the Tariff San Juan, Puerto Rico 00918–1920; AGENCY: National Marine Fisheries Act of 1930, as amended (the Act). telephone: (787) 766–5926. Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), advisory entities will hold public 3. Approval of Council Meeting Commerce. meetings. Minutes ACTION: Notice of cancellation of a DATES: The Council and its advisory 4. Legislative Matters public meeting. entities will meet March 5–9, 2007. The 5. Appointments to Advisory Bodies, Council meeting will begin on Monday, Standing Committees and Other SUMMARY: The New England Fishery March 5 at 1 p.m., reconvening each day Forums, and Changes to Council Management Council has cancelled the through Friday. All meetings are open to Operating Procedures as Needed public meeting of its Multispecies the public, except a closed session will 6. Council Three-Meeting Outlook, (Groundfish)Committee that was be held from 1 p.m. until 2 p.m. on April 2007 Council Meeting Agenda, scheduled for Wednesday, February 21, Monday, March 5 to address litigation and Workload Priorities 2007, at 9 a.m., at the Sheraton and personnel matters. The Council will E. Groundfish Management Ferncroft, 50 Ferncroft Road, Danvers, meet as late as necessary each day to MA 01923. complete its scheduled business. 1. Groundfish Harvest Policy FOR FURTHER INFORMATION CONTACT: Paul ADDRESSES: The meetings will be held at Evaluation Workshop Report J. Howard, Executive Director, New the DoubleTree Hotel Sacramento, 2001 2. NMFS Report England Fishery Management Council; Point West Way, Sacramento, CA 95819; 3. Pacific Whiting Harvest telephone: (978) 465–0492. telephone: 916–929–8855. Specifications and Management SUPPLEMENTARY INFORMATION: The initial Council address: Pacific Fishery Measures for 2007 notice was published on February 2, Management Council, 7700 NE 4. Trawl Rationalization (Trawl 2007, 72 FR 5016, and the meeting will Ambassador Place, Suite 101, Portland, Individual Quota Program) be rescheduled at a later date and OR 97220. 5. Consideration of Inseason announced in the Federal Register. FOR FURTHER INFORMATION CONTACT: Dr. Adjustments Dated: February 12, 2007. Donald O. McIsaac, Executive Director; 6. Emergency Rule Limiting 2007 telephone: 503–820–2280. James P. Burgess, Whiting Vessel Participation SUPPLEMENTARY INFORMATION: The Acting Director, Office of Sustainable F. Pacific Halibut Management Fisheries, National Marine Fisheries Service. following items are on the Council agenda, but not necessarily in this order: [FR Doc. E7–2735 Filed 2–15–07; 8:45 am] 1. Report on the International Pacific BILLING CODE 3510–22–S A. Call to Order Halibut Commission Meeting 2. Incidental Catch Regulations for the 1. Opening Remarks and Salmon Troll and Fixed Gear Sablefish Introductions DEPARTMENT OF COMMERCE 2. Roll Call Fisheries 3. Executive Director’s Report G. Salmon Management National Oceanic and Atmospheric 4. Approve Agenda Administration 1. Review of 2006 Fisheries and B. Enforcement Issues Summary of 2007 Stock Abundance [I.D. 021207F] 1. Enforcement Report: Overview of Estimates Joint Enforcement Agreement Program 2. Identification of Management National Marine Fisheries Service, C. Coastal Pelagic Species Management Objectives and Preliminary Definition of Pacific Fishery Management Council 1. NMFS Report 2007 Salmon Management Options Meeting 2. Stock Assessment Review Panel 3. Identification of Stocks Not Terms of Reference for 2007 AGENCY: National Marine Fisheries Meeting Conservation Objectives Service (NMFS), National Oceanic and D. Administrative Matters 4. Council Recommendations for 2007 Atmospheric Administration (NOAA), 1. Future Council Meeting Agenda Management Options Analysis Commerce. Planning 5. Council Direction for 2007 Management Options ACTION: Notice of public meetings. 2. Review and Planning for Implementation of New Requirements 6. Adoption of 2007 Management SUMMARY: The Pacific Fishery Resulting from Reauthorization of the Options for Public Review Management Council (Council) and its Magnuson-Stevens Act 7. Salmon Hearings Officers SCHEDULE OF ANCILLARY MEETINGS

Monday, March 5, 2007 . Council Secretariat ...... 8 a.m.. Groundfish Advisory Subpanel ...... 8 a.m.. Groundfish Management Team ...... 8 a.m.. Salmon Advisory Subpanel ...... 8 a.m.. Salmon Technical Team ...... 8 a.m.. Scientific and Statistical Committee ...... 8 a.m.. Habitat Committee ...... 9 a.m.. Legislative Committee ...... 9:30 a.m.. Enforcement Consultants ...... 5:30 p.m.. Tribal Policy Group ...... As necessary. Tribal and Washington Technical Group ...... As necessary. Washington State Delegation ...... As necessary. Tuesday, March 6, 2007 . Council Secretariat ...... 7 a.m.. California State Delegation ...... 7 a.m.. Oregon State Delegation ...... 7 a.m.. Groundfish Advisory Subpanel ...... 8 a.m..

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SCHEDULE OF ANCILLARY MEETINGS—Continued Groundfish Management Team ...... 8 a.m.. Salmon Advisory Subpanel ...... 8 a.m.. Salmon Technical Team ...... 8 a.m.. Scientific and Statistical Committee ...... 8 a.m.. Enforcement Consultants ...... As necessary. Tribal Policy Group ...... As necessary. Tribal and Washington Technical Group ...... As necessary. Washington State Delegation ...... As necessary. Wednesday, March 7, 2007 . Council Secretariat ...... 7 a.m.. California State Delegation ...... 7 a.m.. Oregon State Delegation ...... 7 a.m.. Groundfish Advisory Subpanel ...... 8 a.m.. Groundfish Management Team ...... 8 a.m.. Salmon Advisory Subpanel ...... 8 a.m.. Salmon Technical Team ...... 8 a.m.. Enforcement Consultants ...... As necessary. Tribal Policy Group ...... As necessary. Tribal and Washington Technical Group ...... As necessary. Washington State Delegation ...... As necessary. Thursday, March 8, 2007 . Council Secretariat ...... 7 a.m.. California State Delegation ...... 7 a.m.. Oregon State Delegation ...... 7 a.m.. Groundfish Advisory Subpanel ...... 8 a.m.. Groundfish Management Team ...... 8 a.m.. Salmon Advisory Subpanel ...... 8 a.m.. Salmon Technical Team ...... 8 a.m.. Enforcement Consultants ...... As necessary. Tribal Policy Group ...... As necessary. Tribal and Washington Technical Group ...... As necessary. Washington State Delegation ...... As necessary. Friday, March 9, 2007 . Council Secretariat ...... 7 a.m.. California State Delegation ...... 7 a.m.. Oregon State Delegation ...... 7 a.m.. Enforcement Consultants ...... As necessary. Salmon Advisory Subpanel ...... As necessary. Salmon Technical Team ...... As necessary. Tribal Policy Group ...... As necessary. Tribal and Washington Technical Group ...... As necessary. Washington State Delegation ...... As necessary.

Although nonemergency issues not Dated: February 13, 2007. and Review (SEDAR) Committee, contained in this agenda may come James F. Burgess, Controlled Access Committee, Mackerel before this Council for discussion, those Acting Director, Office of Sustainable Committee, Scientific and Statistical issues may not be the subject of formal Fisheries, National Marine Fisheries Service. Committee (SSC) Selection Committee, Council action during this meeting. [FR Doc. E7–2742 Filed 2–15–07; 8:45 am] a joint meeting of its Habitat Committee Council action will be restricted to those BILLING CODE 3510–22–S and Ecosystem-Based Management issues specifically listed in this notice Committee, Economics Committee, and any issues arising after publication Shrimp Committee, Information and of this notice that require emergency DEPARTMENT OF COMMERCE Education Committee, a joint meeting of action under Section 305(c) of the its Executive Committee and Finance National Oceanic and Atmospheric Committee, and a meeting of the full Magnuson-Stevens Fishery Administration Conservation and Management Act, Council. In addition, the Council will also hold a public hearing regarding provided the public has been notified of [I.D. 021207E] Amendment 18 to the Fishery the Council’s intent to take final action South Atlantic Fishery Management Management Plan for Coastal Migratory to address the emergency. Council; Public Meetings Pelagics in the South Atlantic and Gulf of Mexico, and a general public input Special Accommodations AGENCY: National Marine Fisheries session. These meetings are physically Service (NMFS), National Oceanic and accessible to people with disabilities. Atmospheric Administration (NOAA), DATES: The meetings will be held in Requests for sign language Commerce. March 2007. See SUPPLEMENTARY interpretation or other auxiliary aids ACTION: Notice of public meetings. INFORMATION for specific dates and times. should be directed to Ms. Carolyn Porter SUMMARY: The South Atlantic Fishery at 503–820–2280 at least five days prior Management Council (Council) will ADDRESSES: The meetings will be held at to the meeting date. hold a meeting of its Snapper Grouper the Jekyll Island Club Hotel, 371 Committee, Southeast Data, Assessment, Riverview Drive, Jekyll Island, GA

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31527; telephone: (1–800) 535–9547 or Action Plan for LAPs and develop provide recommendations, receive an (912) 635–2600; fax: (912) 635–2818. recommendations. overview of the ‘‘use it or lose it’’ Copies of documents are available from March 6, 2007, 4:30 p.m. - The provision for the rock shrimp fishery Kim Iverson, Public Information Officer, Council will hold a Public Input and develop recommendations, and South Atlantic Fishery Management Session. Members of the public are discuss additional items to include in Council, 4055 Faber Place Drive, Suite invited to address the Council on items Amendment 6 to the Shrimp FMP and 201, North Charleston, SC 29405. listed on the agenda or any other fishery make recommendations. issue that falls under the jurisdiction of FOR FURTHER INFORMATION CONTACT: Kim 9. Information and Education Iverson, Public Information Officer; the Council. March 6, 2007, 6 p.m. - The Council Committee Meeting: March 8, 2007, 10 telephone: (843) 571–4366 or toll free at a.m. until 12 noon. (866) SAFMC–10; fax: (843) 769–4520; will hold a Public Hearing for email: [email protected]. Amendment 18 to the Fishery The Information and Education Management Plan for Coastal Migratory Committee will receive an update on the SUPPLEMENTARY INFORMATION: Pelagic Resources of the Gulf of Mexico Council website and provide Meeting Dates and South Atlantic. The Amendment recommendations. addresses changes in TAC for both king 1. Snapper Grouper Committee Meeting: 10. Joint Executive/Finance Committees and Spanish mackerel and changes in Meeting: March 8, 2007, 1:30 p.m. until March 5, 2007, 1:30 p.m. until 6 p.m., the fishing year for Spanish mackerel. and March 6, 2007, from 8 a.m. until 12 3 p.m. noon. 4. Mackerel Committee Meeting: March The Executive and Finance 7, 2007, 8 a.m. until 11 a.m. The Snapper Grouper Committee will Committees will meet to discuss the receive reports and develop The Mackerel Committee will receive status of the Fiscal Year (FY) 2007 recommendations for: the gag grouper an overview of Amendment 18 timing Congressional budget, review the stock assessment from NOAA Fisheries, issues and develop recommendations. Calendar Year (CY) 2007 FMP/ the Oculina Evaluation Report regarding The Committee will also review a draft Amendment/Framework timelines, the size and configuration of the scoping document for Amendment 16 develop CY 2007 activities schedule and Oculina Experimental Closed Area, and (boundary and mixing issues, permits, budget, and discuss amendments to the Amendment 14 to the Snapper Grouper and separate management plans from reauthorized Magnuson-Stevens Act. Fishery Management Plan regarding Gulf of Mexico Fishery Management 11. Council Session: March 8, 2007, 3:30 marine protected areas (MPAs), Council) and make recommendations. p.m. until 6 p.m. and March 9, 2007, 8 including comments received regarding 5. Scientific and Statistical Committee a.m. until 12 noon the Draft Environmental Impact (SSC) Selection Committee Meeting: Council Session: March 8, 2007 Statement and transit issues. In March 7, 2007, 11 a.m. until 12 noon addition, the Committee will receive a From 3:30 p.m.—3:45 p.m., the report on the status of Amendment 15 The SSC Selection Committee will Council will call the meeting to order, to the Snapper Grouper Fishery meet to discuss new requirements adopt the agenda, and approve the Management Plan (rebuilding for snowy affecting the SSC in the Magnuson- December 2006 meeting minutes. grouper, black sea bass, and red porgy, Stevens Fishery Conservation and From 3:45 p.m.—4 p.m., the Council etc.) and NOAA Fisheries’ updates on Management Act amendments. will receive a report from the Scientific the online quota monitoring system and 6. Joint Habitat and Ecosystem-Based and Statistical Committee regarding its the status of the permits/logbook/ Management Committees Meeting: December 2006 meeting. landings database and ability to tie March 7, 2007, 1:30 p.m. until 4:30 p.m. From 4 p.m.—5 p.m., the Council will landings to vessels. The Committee will hear a report from the Snapper Grouper also discuss allocations of species in the The Habitat and Ecosystem-Based Committee and take action as snapper grouper management complex. Management Committees will receive a appropriate. presentation on Liquid Nitrogen Gas From 5 p.m.—5:15 p.m., the Council 2. SEDAR Committee Meeting: March 6, exploration and review and approve will hear a report from the SEDAR 2007, 1:30 p.m. until 2:30 p.m. The policy statements on energy and Committee and take action as SEDAR Committee will review actions offshore aquaculture. The Committees appropriate. from the SEDAR Steering Committee, will also review and approve the Deep From 5:15 p.m.—5:45 p.m., the discuss scientific research priorities, Water Coral Research Plan and receive Council will hear a report from the review appointees for SEDAR 15 updates on the status of the Council’s Controlled Access Committee and take (assessments for greater amberjack and Fishery Ecosystem Plan (FEP) and FEP action as appropriate. white grunt), discuss the status of Comprehensive Amendment. From 5:45 p.m.—6 p.m., the Council vermilion snapper update, and the will hear a report from the Mackerel 7. Economics Committee Meeting: process for establishing a total allowable Committee and take action as March 7, 2007, 4:30 p.m. until 6 p.m. catch (TAC). appropriate. The Economics Committee will 3. Controlled Access Committee Council Session: March 9, 2007 Meeting: March 6, 2007, 2:30 p.m. until review the Socioeconomics Section of 4:30 p.m. the draft FEP and make From 8 a.m.—8:30 a.m., the Council recommendations. The Committee will will receive a NOAA General Counsel The Controlled Access Committee also discuss development of a briefing on litigation issues (CLOSED will meet to discuss the establishment Socioeconomic Guidance Document and SESSION). of a Limited Access Privilege (LAP) develop recommendations. From 8:30 a.m.—8:45 a.m., the Program Workgroup, review a list of Council will receive a report from the nominees and meeting dates, and 8. Shrimp Committee Meeting: March 8, SSC Selection Committee and take develop recommendations for 2007, 8 a.m. until 10 a.m. action as appropriate. appointing workgroup members. The The Shrimp Committee will review a From 8:45 a.m.—9 a.m., the Council Committee will also review a draft report of the Shrimp Review Panel and will receive a report from the Joint

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Habitat and Ecosystem-Based DEPARTMENT OF COMMERCE fisheries, evaluates the status of the Committees and take action as stock, estimates biological benchmarks, appropriate. National Oceanic and Atmospheric projects future population conditions, From 9 a.m.—9:15 a.m., the Council Administration and recommends research and will receive a report from the Economics [I.D. 021207H] monitoring needs. The assessment is Committee and take action as independently peer reviewed at the appropriate. Fisheries of the Caribbean; Review Workshop. The products of the Southeastern Data, Assessment, and Review Workshop are a Consensus From 9:15 a.m.—9:30 a.m., the Review (SEDAR); Caribbean queen Summary documenting Panel opinions Council will receive a report from the conch; Caribbean yellowfin grouper; regarding the strengths and weaknesses Shrimp Committee and take action as Caribbean mutton snapper; Public of the stock assessment and input data, appropriate. Meetings. and an Advisory Report summarizing From 9:30 a.m.—9:45 p.m., the stock status and recommending Council will receive a report from the AGENCY: National Marine Fisheries management criteria. Participants for Information and Education Committee Service (NMFS), National Oceanic and SEDAR Workshops, appointed by the and take action as appropriate. Atmospheric Administration (NOAA), regional Fishery Management Councils, Commerce. From 9:45 a.m.—10 a.m., the Council the Southeast Regional Office (SERO), will receive a report from the Joint ACTION: Notice of SEDAR Workshops for and the Southeast Fishery Science Executive/Finance Committees and take Caribbean queen conch, yellowfin Center (SEFSC), include data collectors action as appropriate. grouper, and mutton snapper. and database managers; stock assessment scientists, biologists, and From 10 a.m.—12 noon, the Council SUMMARY: The SEDAR assessments of researchers; constituency will receive a report regarding the the Caribbean stocks of yellowfin representatives including fishermen, Council Chairmen’s Meeting, receive grouper, mutton snapper, and queen environmentalists, and NGO’s; status reports from NOAA Fisheries’ conch will consist of a series of three International experts; and staff of Southeast Regional Office, NOAA workshops: a Data Workshop, an Councils, Commissions, and state and Fisheries’ Southeast Fisheries Science Assessment Workshop, and a Review federal agencies. Center, agency and liaison reports, Workshop. This is the fourteenth review Experimental Fishing Permit SEDAR. SEDAR 14 Workshop Schedule: applications as necessary, and discuss DATES: The Data Workshop will take other business including upcoming March 12–16, 2007; SEDAR 14 Data place March 12—16, 2007; the Workshop meetings. Assessment Workshop will take place Documents regarding these issues are June 4–8, 2007; the Review Workshop March 12, 2007: 1 p.m.—8 p.m.; March available from the Council office (see will take place July 23–27, 2007. See 13–15, 2007: 8 a.m.—8 p.m.; March 16, ADDRESSES). SUPPLEMENTARY INFORMATION for specific 2007: 8 a.m.—1 p.m. dates and times. Although non-emergency issues not An assessment data set and associated ADDRESSES: contained in this agenda may come The Data Workshop and documentation will be developed before this Council for discussion, those Assessment Workshop will be held at during the Data Workshop. Participants issues may not be the subjects of formal the Marriott Frenchmen’s Reef, 5 Estate will evaluate all available data and Council action during these meetings. Bakkeroe, St. Thomas, USVI; telephone: select appropriate sources for providing Council action will be restricted to those (340) 776–8500. The Review Workshop information on life history issues specifically listed in this notice will be held at Hotel El Convento, 100 characteristics, catch statistics, discard and any issues arising after publication Cristo Street, Old San Juan, Puerto Rico estimates, length and age composition, of this notice that require emergency 00901; telephone: (787) 723–9036. and fishery dependent and fishery action under section 305 (c) of the FOR FURTHER INFORMATION CONTACT: John independent measures of stock Magnuson-Stevens Act, provided the Carmichael, SEDAR Coordinator, 4055 abundance. public has been notified of the Council’s Faber Place Drive, North Charleston, SC intent to take final action to address the 29405; telephone: (843) 571–4366. June 4–8, 2007. SEDAR 14 Assessment emergency. SUPPLEMENTARY INFORMATION: The Gulf Workshop Except for advertised (scheduled) of Mexico, South Atlantic, and June 4, 2007: 1 p.m.—8 p.m.; June 3–7, public hearings and public comment, Caribbean Fishery Management 2007: 8 a.m.—8 p.m.; June 8, 2007: 8 the times and sequence specified on this Councils, in conjunction with NOAA a.m.—1 p.m. agenda are subject to change. Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions Using datasets provided by the Data Special Accommodations have implemented the SEDAR process, Workshop, participants will develop These meetings are physically a multi-step method for determining the population models to evaluate stock accessible to people with disabilities. status of fish stocks in the Southeast status, estimate population benchmarks Requests for sign language Region. SEDAR includes three and Sustainable Fisheries Act criteria, interpretation or other auxiliary aids workshops: (1) Data Workshop, (2) and project future conditions. should be directed to the Council office Stock Assessment Workshop and (3) Participants will recommend the most (see ADDRESSES) by March 1, 2007. Review Workshop. The product of the appropriate methods and configurations Data Workshop is a data report which for determining stock status and Dated: February 12, 2007. compiles and evaluates potential estimating population parameters. James P. Burgess, datasets and recommends which Participants will prepare a workshop Acting Director, Office of Sustainable datasets are appropriate for assessment report, compare and contrast various Fisheries, National Marine Fisheries Service. analyses. The product of the Stock assessment approaches, and determine [FR Doc. E7–2738 Filed 2–15–07; 8:45 am] Assessment Workshop is a stock whether the assessments are adequate BILLING CODE 3510–22–S assessment report which describes the for submission to the review panel.

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July 23–27, 2007. SEDAR 14 Review the Council’s intent to take final action ACTION: Notice. Workshop to address the emergency. July 23, 2007: 1 p.m.—8 p.m.; June 24– Special Accommodations SUMMARY: The Department of Defense is publishing the unclassified text of a 26, 2007: 8 a.m.—8 p.m.; July 27, 2007: These meetings are physically 8 a.m.—1 p.m. section 36(b)(1) arms sales notification. accessible to people with disabilities. This is published fulfill the The Review Workshop is an Requests for sign language requirements of section 155 of Public independent peer review of the interpretation or other auxiliary aids Law 104–164 dated 21 July 1996. assessment developed during the Data should be directed to the Council office and Assessment Workshops. Workshop (see ADDRESSES) at least 5 business days FOR FURTHER INFORMATION CONTACT: Ms. Panelists will review the assessment prior to each workshop. J. Hurd, DSCA/DBO/CFM, (703) 604– and document their comments and Dated: February 12, 2007. 6575. recommendations in a Consensus Summary. Panellists will summarize James P. Burgess, The following is a copy of a letter to recommended population parameter Acting Director, Office of Sustainable the Speaker of the House of estimates in an Advisory Report. Fisheries, National Marine Fisheries Service. Representatives, Transmittal 07–13 with Although non-emergency issues not [FR Doc. E7–2737 Filed 2–15–07; 8:45 am] attached transmittal, policy justification, contained in this agenda may come BILLING CODE 3510–22–S and Sensitivity of Technology. before these groups for discussion, those Dated: February 12, 2007. issues may not be the subject of formal C.R. Choate, action during these meetings. Action DEPARTMENT OF DEFENSE will be restricted to those issues OSD Federal Register Liaison Officer, specifically identified in this notice and Office of the Secretary Department of Defense. any issues arising after publication of BILLING CODE 5001–06–M this notice that require emergency [Transmittal No. 07–13] action under section 305(c) of the 36(b)(1) Arms Sales Notification Magnuson-Stevens Fishery Conservation and Management Act, AGENCY: Department of Defense, Defense provided the public has been notified of Security Cooperation Agency.

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[FR Doc. 07–728 Filed 2–15–07; 8:45 am] DEPARTMENT OF DEFENSE SUMMARY: This notice announces the BILLING CODE 5001–06–C availability of the Missile Defense Office of the Secretary Agency’s (MDA) Ballistic Missile Defense System (BMDS) Final [DOD–2007–OS–0008] Programmatic Environmental Impact Statement (PEIS), which analyzes the Notice of Availability of the Ballistic potential impacts to the environment of Missile Defense System Final MDA’s proposal to develop, test, Programmatic Environmental Impact deploy, and plan for decommissioning Statement an integrated BMDS. The PEIS addresses the integrated BMDS and the AGENCY: Missile Defense Agency, development and application of new Department of Defense. technologies; evaluates the range of complex programs, architecture, and ACTION: Notice of availability. assets that comprise the BMDS; and

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provides a framework for future capabilities, working together to defend decommissioning activities for an environmental analyses as activities against all classes and ranges of threat integrated BMDS. Instead, the MDA evolve and mature. ballistic missiles in all phases of flight. would continue existing development DATES: A Record of Decision will be Multiple defensive weapons would be and testing of discrete systems as stand- issued no earlier than 30 days from the used to create a layered defense alone missile defense capabilities. date of this notice. comprised of multiple intercept Individual systems would continue to Copies of the Final PEIS have been opportunities along the incoming threat be tested but would not be subjected to distributed to Federal, State, local missile’s trajectory. This would provide System Integration Tests. agencies, and public officials that a layered defensive system of previously requested copies of the PEIS. capabilities designed to back up one Dated: February 7, 2007. Copies of the Final PEIS will be another. L. M. Bynum, available at the following public On April 11, 2003, MDA initiated the Alternate OSD Federal Register Liaison libraries: public scoping process by publishing Officer, DoD. • Anchorage Municipal Library, 3600 the Notice of Intent (NOI) to prepare the [FR Doc. E7–2433 Filed 2–15–07; 8:45 am] PEIS for the BMDS in the Federal Denali Street, Anchorage, AK 99503. BILLING CODE 5001–06–P • Mountain View Branch Library, 150 Register. MDA held public scoping S. Street, Anchorage, AK 99508. meetings in Arlington, Virginia; • California State Library, Library and Sacramento, California; Anchorage, DEPARTMENT OF DEFENSE Courts Building, 914 Capitol Mall, Alaska; and Honolulu, Hawaii. The Sacramento, CA 95814. Notice of Availability (NOA) of the Office of the Secretary • Sacramento Public Library, 828 I MDA Ballistic Missile Defense System Street, Sacramento, CA 95814. Draft PEIS was published in the Federal Strategic Environmental Research and • Hawaii State Library, Hawaii Register on September 17, 2004. This Development Program, Scientific Documents Center, 478 South King initiated a public review and comment Advisory Board Street, Honolulu, HI 96813. period for the Draft PEIS. MDA held • University of Hawaii at Manoa, public hearings in Arlington, Virginia; AGENCY: Department of Defense. Hamilton Library, 2550 The Mall, Sacramento, California; Anchorage, ACTION: Notice of open meeting. Honolulu, HI 96822. Alaska; and Honolulu, Hawaii. MDA • Arlington County Public Library, received approximately 8,500 comments Central Branch, 1015 North Quincy on the Draft PEIS; MDA considered all SUMMARY: This Notice is published in Street, Arlington, VA 22201. of these comments in preparing the accordance with Section 10(a)(2) of the • District of Columbia Public Library, Final PEIS. Responses to all of the in- Federal Advisory Committee Act (Pub. Central Branch—Martin Luther King, Jr. scope comments can be found in L. 92–463). The topic of the meeting on Memorial Library, 901 G Street NW., Appendix K of the PEIS. Three recurring March 13–14, 2007 are to review new Washington, DC 20001. issues of public concern-orbital debris, start and continuing research and Requests for electronic copies of the perchlorate, and radar impacts to development projects requesting Final BMDS PEIS should be directed to wildlife-were addressed in more Strategic Environmental Research and MDA BMDS PEIS, c/o ICF International, technical detail in Appendices L, M, Development Program funds in excess 9300 Lee Highway, Fairfax, VA 22031; and N of the PEIS. of $1M. This meeting is open to the Phone (Toll-Free) 1–877–MDA–PEIS (1– Alternatives Analysis public. Any interested person may 877–632–7347); Fax (Toll-Free) 1–877– The MDA considers two alternatives attend, appear before, or file statements 851–5451; E-mail with the Scientific Advisory Board at [email protected]; or to implementing an integrated BMDS that address the use of weapons the time and in the manner permitted by Web site. An electronic version of the the Board. Final PEIS is available on the MDA Web components from land-, sea-, air-, and site at http://www.mda.mil/mdalink/ space-based platforms in addition to the DATES: March 13, 2007 from 8:30 a.m. to html/enviro.html. No Action alternative as required by the 4:30 p.m. and March 14 from 8:30 a.m. National Environmental Policy Act. to 11:30 a.m. FOR FURTHER INFORMATION CONTACT: • Alternative 1. Under Alternative 1, Please call Mr. Rick Lehner, MDA the MDA would develop, test, deploy, ADDRESSES: SERDP Program Office Director of Public Affairs, at (703) 697– and plan to decommission land-, sea-, Conference Center, 901 North Stuart 8997. and air-based platforms for BMDS Street, Suite 804, Arlington, VA 22203. SUPPLEMENTARY INFORMATION: MDA has weapons components and related FOR FURTHER INFORMATION CONTACT: Ms. a requirement to develop, test, deploy, architecture and assets. Alternative 1 Misa Jensen, SERDP Program Office, 901 and prepare for decommissioning the would include space-based sensors, but BMDS to protect the United States, its would not include space-based North Stuart Street, Suite 303, deployed forces, friends, and allies from defensive weapons. Arlington, VA or by telephone at (703) ballistic missile threats. The proposed • Alternative 2. Under Alternative 2, 696–2126. action would provide an integrated the MDA would develop, test, deploy, Dated: February 12, 2007. BMDS using existing infrastructure and and plan to decommission land-, sea-, C.R. Choate, capabilities, when feasible, as well as air-, and space-based platforms for emerging and new technologies, to meet Alternate OSD Federal Register Liaison BMDS weapons components and related Officer, Department of Defense. current and evolving threats in support architecture and assets. Alternative 2 [FR Doc. 07–729 Filed 2–15–07; 8:45 am] of the MDA’s mission. Conceptually, the would be identical to Alternative 1, BMDS would be a layered system of with the addition of space-based BILLING CODE 5001–06–M weapons; sensors; Command and defensive weapons. Control, Battle Management, and • No Action Alternative. Under the Communications (C2BMC); and support No Action Alternative, the MDA would assets, each with specific functional not develop, test, deploy, or plan for

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DEPARTMENT OF DEFENSE Nuclear C2 Systems Branch at (719– comment on the provisions thereof. 554–4057). Comments are invited on: (a) Whether Department of the Air Force Title; Associated Form; and OMB the proposed collection of information [No. USAF–2007–0012] Number: Intercontinental Ballistic is necessary for the proper performance Missile Hardened Intersite Cable Right- of the functions of the agency, including Proposed Collection; Comment of-Way Landowner Questionnaire; AF whether the information shall have Request Form 3951; OMB Number 0701–0141. practical utility; (b) the accuracy of the Needs and Uses: The information agency’s estimate of the burden of the AGENCY: Headquarters Air Force Space collection requirement is used to report proposed information collection; (c) Command Nuclear C2 Systems Branch, changes in ownership/lease ways to enhance the quality, utility, and DoD. information, conditions of missile cable clarity of the information to be ACTION: Notice. route and associated appurtenances, and collected; and (d) ways to minimize the projected building/excavation projects. burden of the information collection on SUMMARY: In compliance with Section The information collected is used to respondents, including through the use 3506(c)(2)(A) of the Paperwork ensure system integrity and to maintain of automated collection techniques or Reduction Act of 1995, Headquarters Air a close contact public relations program other forms of information technology. Force Space Command Nuclear C2 with involved personnel and agencies. DATES: Consideration will be given to all Systems Branch announces the Affected Public: Business or other for comments received by April 17, 2007. proposed extension of a public profit; Not-for-profit institutions. ADDRESSES: You may submit comments, information collection and seeks public Annual Burden Hours: 2000. identified by docket number and title, comment on the provisions thereof. Number of Respondents: 8000. by any of the following methods: Comments are invited on: (a) Whether Responses per Respondent: 1. • the proposed collection of information Average Burden per Response: 15 Federal eRulemaking Portal: http:// is necessary for the proper performance minutes. www.regulations.gov. Follow the of the functions of the agency, including Frequency: Biannual. instructions for submitting comments. • Mail: Federal Docket Management whether the information shall have Supplementary Information: System Office, 1160 Defense Pentagon, practical utility; (b) the accuracy of the Summary of Information Collection Washington, DC 20301–1160. agency’s estimate of the burden of the Respondents are landowners/tenants. Instructions: All submissions received proposed information collection; (c) must include the agency name, docket ways to enhance the quality, utility, and This form collects updated landowner/ tenant information as well as data on number and title for this Federal clarity of the information to be Register document. The general policy collected; and (d) ways to minimize the local property conditions which could adversely affect the Hardened Intersite for comments and other submissions burden of the information collection on from members of the public is to make respondents, including through the use Cable System (HICS) such as soil erosion, projected/building projects, these submissions available for public of automated collection techniques or viewing on the Internet at http:// other forms of information technology. excavation plans, etc. This information also aids in notifying landowners/ www.regulations.gov as they are DATES: Consideration will be given to all received without change, including any comments received by April 17, 2007. tenants when HCIS preventive or corrective maintenance becomes personal identifiers or contact ADDRESSES: You may submit comments, necessary to ensure uninterrupted information. identified by docket number and title, Intercontinental Ballistic Missile FOR FURTHER INFORMATION CONTACT: To by any of the following methods. • command and control capability. request more information on this Federal eRulemaking Portal: http:// proposed information collection or to www.regulations.gov. Follow the Dated: February 12, 2007. Patricia L. Toppings, obtain a copy of the proposal and instructions for submitting comments. associated collection instruments, • Mail: Federal Docket Management Alternate OSD Federal Register Liaison please write to the Retirement and System Office, 1160 Defense Pentagon, Officer, Department of Defense. Separation Division (DPPR), Air Force Washington, DC 20301–1160. [FR Doc. 07–730 Filed 2–15–07; 8:45 am] Personnel Center, 550 C Street West, Instructions: All submissions received BILLING CODE 5001–06–M Suite 3, ATTN: Gail Weber, Randolph must include the agency name, docket AFB, TX 78150–4739 or call Ms. Gail number and title for this Federal DEPARTMENT OF DEFENSE Weber at 210–565–2461. Register document. The general policy Title, Form Number, and OMB for comments and other submissions Department of the Air Force Number: Request for Approval of from members of the public is to make Foreign Government Employment of Air these submissions available for public [No. USAF–2007–0005] Force Members; OMB Number 0701– viewing on the Internet at http:// 0134. www.regulations.gov as they are Proposed Collection; Comment Needs and Uses: The information received without change, including any Request collection requirement is to obtain the personal identifiers or contact AGENCY: Department of the Air Force, information needed by the Secretary of information. DoD. the Air Force and Secretary of State on FOR FURTHER INFORMATION CONTACT: To ACTION: Notice. which to base a decision into approve/ request more information on this disapprove a request to work for a proposed information collection or to SUMMARY: In compliance with Section foreign government. This approval is obtain a copy of the proposal and 3506(c)(2)(A) of the Paperwork specified by Title 37, United States associated collection instruments, Reduction Act of 1995, the Retirement Code, Section 908. This statute please write to HQ AFSPC/A4MC, and Separation Division, Air Force delegates such approval authority of ATTN: SMSgt John Storm, 150 Personnel Center, announces the Congress to the respective service Vadenberg St., Ste 1105, Peterson AFB proposed extension of a public secretaries and to the Secretary of the CO 80914, or call HQ AFSPC/A4MC, information collection and seeks public State.

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Affected Public: Individuals and ACTION: Notice. Individuals are appointed to the Board, Households. but they must be either a carrier or Annual Burden: 10. SUMMARY: Section 302 of Public Law 99– shipper, or represent a firm that is a Number of Respondents: 10. 662 established the Inland Waterways carrier or shipper. For that purpose a Responses Per Respondent: 1. Users Board. The Board is an trade or regional association is neither a Average Burden Per Response: 1 independent Federal advisory shipper not primary user. Hour. committee. The Secretary of the Army (2) Geographical Representation. The Frequency: On Occasion. appoints its 11 members. This notice is law specifies ‘‘various’’ regions. For the SUPPLEMENTARY INFORMATION: to solicit nominations for six (6) purpose of selecting Board members, the appointments or reappointments to two- Summary of Information Collection waterways subjected to fuel taxes and year terms that will begin after August described in Public Law 95–502, as Respondents are Air Force retired 1, 2007. amended, have been aggregated into six members and certain Reserve members ADDRESSES: Office of the Assistant regions. They are (1) the Upper who have gained jobs with a foreign Secretary of the Army (Civil Works), Mississippi River and its tributaries government and who must obtain Attention: Inland Waterways Users above the mouth of the Ohio; (2) the approval of the Secretary of the Air Board Nominations Committee, 108 Lower Mississippi River and its Force and Secretary of State to do so. Army Pentagon, Washington, DC tributaries below the mouth of the Ohio Information, in the form of a letter, 20310–0108. and above Baton Rouge; (3) the Ohio includes a detailed description of duty, FOR FURTHER INFORMATION CONTACT: River and its tributaries; (4) the Gulf name of employer, Social Security Office of the Assistant Secretary of the Intracoastal Waterway in Louisiana and Number, and statements specifying Army (Civil Works), (703) 697–8986. Texas; (5) the Gulf Intracoastal whether or not the employee will be Waterway east of New Orleans and compensated; declaring if employee will SUPPLEMENTARY INFORMATION: The selection, service, and appointment of associated fuel-taxed waterways be required or plans to obtain foreign including the Tennessee-Tombigbee, citizenship; declaring that the member Board members are covered by provisions of Section 302 of Public Law plus the Atlantic Intracoastal Waterway will be required or plans to obtain below Norfolk; and (6) the Columbia- foreign citizenship; declaring that the 99–662. The substance of those provisions is as follows: Snake Rivers System and Upper member will be required or plans to Willamette. The intent is that each obtain foreign citizenship; declaring that a. Selection. Members are to be selected from the spectrum of region shall be represented by at least the member will not be required to one Board member, with that execute an oath of allegiance to the commercial carriers and shippers using the inland and intracoastal waterways, representation determined by the foreign government; verifying that the regional concentration of the member understands that retired pay to represent geographical regions, and to be representative of waterborne individual’s traffic on the waterways. equivalent to the amount received from (3) Commodity Representation. the foreign government may be withheld commerce as determined by commodity ton-miles statistics. Waterway commerce has been if he or she accepts employment with a aggregated into six commodity foreign government before receiving b. Service. The Board is required to meet at least semi-annually to develop categories based on ‘‘inland’’ ton-miles approval. Reserve members only must shown in Waterborne Commerce of the include a request to be reassigned to and make recommendations to the Secretary of the Army on waterways United States. These categories are (1) Inactive Status List Reserve Section Farm and Food Products; (2) Coal and (Reserve Section Code RB). After construction and rehabilitation priorities and spending levels for Coke; (3) Petroleum, Crude and verifying the status of the individual, Products; (4) Minerals, Ores, and the letter is forwarded to the Air Force commercial navigation improvements, and report its recommendations Primary Metals and Mineral Products; Review Board for processing. If the (5) Chemicals and Allied Products; and signed letter is not included in the file, annually to the Secretary and Congress. c. Appointment. The operation of the (6) All Other. A consideration in the individuals reviewing the file cannot selection of Board members will be that furnish the necessary information to the Board and appointment of its members are subject to the Federal Advisory the commodities carried or shipped by Secretary of the Air Force and Secretary those individuals or their firms will be of State on which a decision can be Committee Act (Pub. L. 92–463, as amended) and departmental reasonably representative of the above made. Requested information is commodity categories. necessary to maintain the integrity of implementing regulations. Members d. Nomination. Reflecting preceding the Request for Approval of Foreign serve without compensation but their selection criteria, the current Government Employment Program. expenses due to Board activities are reimbursable. The considerations representation by the six (6) Board Dated: February 12, 2007. specified in Section 302 for the members whose terms will expire is one Patricia L. Toppings, selection of the Board members, and member each representing regions 1, 2, Alternate OSD Federal Register Liaison certain terms used therein, have been 4 and 5, and two members representing Officer, Department of Defense. interpreted, supplemented, or otherwise region 3. Also, four of these Board [FR Doc. 07–731 Filed 2–15–07; 8:45 am] clarified as follows: members represent carriers, one BILLING CODE 5001–06–M (1) Carriers and Shippers. The law represents a shipper and one represents uses the terms ‘‘primary users and a carrier/shipper. shippers.’’ Primary users have been Two of the six members whose terms DEPARTMENT OF DEFENSE interpreted to mean the providers of will expire are eligible for transportation services on inland reappointment. Nominations to replace Department of the Army waterways such as barge or towboat Board members whose terms expire may be made by individuals, firms or Inland Waterways Users Board; operators. Shippers have been associations. Nominations will: Request for Nominations interpreted to mean the purchasers of such services for the movement of (1) State the region(s) to be AGENCY: Department of the Army, DoD. commodities they own or control. represented.

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(2) State whether the nominee is [email protected]; (256) reduce leakage of the fluids that are representing carriers, shippers or both. 955–1501. stored in the vessels. (3) provide information on the SUPPLEMENTARY INFORMATION: The Brenda S. Bowen, nominee’s personal qualifications. invention pertains to the (4) Include the commercial operations Army Federal Register Liaison Officer. implementation of image processing and of the carrier and/or shipper with whom [FR Doc. 07–721 Filed 2–15–07; 8:45 am] response surface methodology the nominee is affiliated. This BILLING CODE 3710–08–M algorithms to process images (e.g., commercial operations information will mammogram, magnetic resonance show the actual or estimated ton-miles imaging (MRI), and ultrasound imagery) DEPARTMENT OF DEFENSE of each commodity carried or shipped to provide improved detection of on the inland waterways system in a objects, such as anomalous masses in Department of the Army; Corps of recent year (or years) using the dense breast tissue, to better Engineers waterway regions and commodity characterize these masses as cancerous categories previously listed. or benign, and to identify the margins of Intent To Prepare a Draft Nominations received in response to cancerous tissue. Environmental Impact Statement for Federally Register notice published on Restoring the Integrity of the Amite February 17, 2006 (71 FR 8568) and Brenda S. Bowen, River and Restoring Various Natural notice published on July 7, 2006 (71 FR Army Federal Register Liaison Officer. Functions That Have Been Degraded 38629) have been retained for [FR Doc. 07–720 Filed 2–15–07; 8:45 am] or Lost as a Result of Human-Induced consideration. Renomination is not BILLING CODE 3710–08–M Factors, in All or Portions of required but may be desirable. Ascension, East Baton Rouge, East e. Deadline for Nominations. All Feliciana, Livingston, St. Helena, and nominations must be received at the DEPARTMENT OF DEFENSE St. John Parishes, in Southeastern address shown above no later than April Louisiana 15, 2007. Department of the Army AGENCY: Department of the Army, U.S. Brenda S. Bowen, Availability for Non-Exclusive, Army Corps of Engineers, DoD. Army Federal Register Liaison Officer. Exclusive, or Partially Exclusive ACTION: Notice of intent. [FR Doc. 07–718 Filed 2–15–07; 8:45 am] Licensing of U.S. Patent Application SUMMARY: BILLING CODE 3710–92–M The U.S. Army Corps of Concerning Inducing and Sealing Engineers, New Orleans District, is Cracks in Containment Vessels initiating this study under the authority of the Committee on Transportation and DEPARTMENT OF DEFENSE AGENCY: Department of the Army, DoD. Infrastructure of the United States Department of the Army ACTION: Notice. House of Representatives resolution, adopted July 23, 1998, which reads as Availability for Non-Exclusive, SUMMARY: In accordance with 37 CFR follows: Exclusive, or Partially Exclusive 404.6 and 404.7, announcement is made ‘‘Resolved by the Committee on Licensing of U.S. Patent Application of the availability of licensing of the Transportation and Infrastructure of the Concerning Detection and invention set forth in U.S. Patent United States House of Representatives Discrimination of Anomalies in Breast Application No. 11/460,593 entitled Resolution, that the Secretary of the Army is Tissue Images ‘‘Method of Inducing and Sealing Cracks requested to review the report of the Chief of in Vessels,’’ filed on July 27, 2006. The Engineers on the Amite River and AGENCY: Department of the Army, DoD. Tributaries, Louisiana, published as House United States Government, as ACTION: Notice. Document 419, 84th Congress, 2nd Session, represented by the Secretary of the and other pertinent reports, with a view to SUMMARY: In accordance with 37 CFR Army, has rights in this invention. determining whether modifications of the recommendations contained therein are 404.6 and 404.7, announcement is made ADDRESSES: Office of Research and of the availability for licensing of the advisable at the present time in the interest Technology Applications, SDMC– of environmental restoration and protection, invention set forth in U.S. Patent RDTC–TDL (Ms. Susan D. McRae), Bldg. Application No. 11/340,375 entitled water quality, and sediment control, 5220, Von Braun Complex, Redstone recreation, and the avoidance or ‘‘Medical Image Processing Arsenal, AL 35898. minimization of undesirable impacts Methodology for Detection and resulting from urbanization and other present Discrimination of Objects in Tissue,’’ FOR FURTHER INFORMATION CONTACT: Ms. and future watershed activities.’’ filed on January 26, 2006. The United Joan Gilsdorf, Patent Attorney, e-mail: The study will determine the States Government, as represented by [email protected]; (256) feasibility of reducing turbidity, the Secretary of the Army, has rights in 955–3213 or Ms. Susan D. McRae, Office lowering temperatures, and reducing the this invention. of Research and Technology Applications, e-mail: extent of the physical changes within ADDRESSES: Office of Research and the Amite River corridor in an effort to Technology Applications, SDMC– [email protected]; (256) 955–1501. achieve fish and wildlife restoration and RDTC–TDL (Ms. Susan D. McRae), Bldg. provide outdoor public recreation 5220, Von Braun Complex, Redstone SUPPLEMENTARY INFORMATION: The opportunities. This effort will Arsenal, AL 35898. invention pertains to inducing and significantly contribute to the watershed FOR FURTHER INFORMATION CONTACT: Ms. sealing cracks in newly constructed management objectives of the state of Joan Gilsdorf, Patent Attorney, e-mail: containment vessels, such as linerless Louisiana. [email protected]; (256) composite tanks, that are subject to The study area includes the Amite 955–3213 or Ms. Susan D. McRae, Office crack propagation during the life of the River drainage basin in southeastern of Research and Technology vessels. The cracks are sealed before the Louisiana, in Ascension, East Baton Applications, e-mail: vessel is placed in service to prevent or Rouge, East Feliciana, Livingston, St.

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Helena, and St. John Parishes. The approximately 6,000 to 7,500 acres, (3) accomplished with the USFWS and the Amite River and its tributaries flow re-meandering abandoned bendways National marine Fisheries Service southward from the state of Mississippi and loops of the Amite River in (NMFS) concerning threatened and through the western ‘‘Florida’’ parishes appropriate areas to recreate some of the endangered species and their critical of southeast Louisiana into Lake historical meander loops or create new habitat. The NMFS will be consulted on Maurepas, an oligohaline lake that loops that would serve the same the effects of this proposed action on drains into Lake Pontchartrain. The purpose, and (4) investigate Essential Fish Habitat. The draft EIS Amite River is used for recreation, recommendations of Best Management (DEIS) or a notice of its availability will propagation of fish and wildlife, and to Practices (BMPs) for the sand and gravel be distributed to all interested agencies, a lesser extent, for water supply, industry, as well as other affected organizations, and individuals. navigation, and waste disposal. The industries and urban areas in the study 6. Estimated Date of Availability. Amite River has a large drainage area area for more stewardship for future Funding levels will dictate the date and an average flow of about 2,000 habitat areas. The objective of the when the DEIS is available. The earliest cubic feet per second (CFS) at Denham enactment of the BMPs would be to that the DEIS is expected to be available Springs. A section of the Amite River in protect the restoration efforts is in the summer of 2009. East Feliciana Parish, from the undertaken by this project and other Brenda S. Bowen, Louisiana/Mississippi state line to restorative measures by others and Louisiana Highway 37 (LA 37) is prevent reoccurrence of the degradation. Army Federal Register Liaison Officer. included in Louisiana’s Natural and 3. Scoping. Scoping is the process for [FR Doc. 07–719 Filed 2–15–07; 8:45 am] Scenic Rivers System. The major urban determining the scope of alternatives BILLING CODE 3810–84–M areas in this watershed are Baton Rouge, and significant issues to be addressed in Denham Springs, and Gonzales, which the EIS. For this analysis, a letter will DEPARTMENT OF DEFENSE are situated along the lower third of the be sent to all parties believed to have an interest in the analysis, requesting their river. Department of the Army; Corps of input on alternatives and issues to be FOR FURTHER INFORMATION CONTACT: Engineers Questions concerning the evaluated. The letter will also notify Environmental Impact Statement (EIS) interested parties of public scoping Intent To Prepare a Draft Supplement should be addressed to Ms. Bonnie S. meetings that will be held in the local No. 1 to the Final Environmental Obiol at U.S. Army Corps of Engineers, area. Notices will also be sent to local Impact Statement for the Upper Trinity PM–RS, P.O. Box 60267, New Orleans, news media. All interested parties are River, Central City Project, Fort Worth, LA 70160–0267, phone (504) 862–2280, invited to comment at this time, and TX fax number (504) 862–2088 or by E-mail anyone interested in this study should AGENCY: Department of the Army, U.S. at [email protected]. request to be included in the study Army Corps of Engineers, DoD. army.mil. mailing list. A public scoping meeting will be held ACTION: Notice of intent. SUPPLEMENTARY INFORMATION: in the spring of 2007. The meeting will 1. Proposed Action. An ecological be held in the vicinity of Baton Rouge, SUMMARY: Section 116 of Pub. L. 108– restoration project will be designed to LA. Additional meetings could be held, 447, dated December 8, 2004, maximize environmental benefits depending upon interest and if it is authorized the U.S. Army Corps of within the study area. The proposed determined that further public Engineers’ (Corps) participation in action includes all or portions of several coordination is warranted. construction of the Central City project. alternatives, identified below, that 4. Significant Issues. The tentative list A Final Environmental Impact would improve the ecosystem and of resources and issues to be evaluated Statement (FEIS) was completed for the possibly reduce storm water flood stages in the EIS includes wetlands (marshes Central City Project in Janauary 2006. A as an ancillary benefit. Design features and swamps), aquatic resources, Record of Decision (ROD) will be fully evaluated with respect to commercial and recreational fisheries, recommending the Community-Based the latest engineering, economic, and wildlife resources, essential fish habitat, Alternative and determining it was environmental regulations for water quality, air quality, threatened technically sound and environmentally acceptability under current Federal laws and endangered species, recreation and acceptable was signed by the Assistant and regulations. The results of the aesthetic resources, and cultural Secretary of the Army for Civil Works feasibility study will determine the resources. Socioeconomic items to be (ASA (CW)) on April 7, 2006. An preferred alternative. evaluated in the EIS include navigation, Interim Feasibility Report with 2. Alternatives. The Amite River and flood protection, business and industrial Integrated Environmental Assessment Tributaries Ecosystem Restoration activity, employment, land use, (with signed Finding of No Significant reconnaissance study considered several property values, public/community Impact) for the Riverside Oxbow Project alternative plans for restoring the facilities and services, tax revenues, was approved by the Chief of Engineers ecosystem in the study area. Four plans population, community and regional on May 29, 2003. An addendum, dated were determined to be economically growth, transportation, housing, April 2005, was prepared to address justified and environmentally community cohesion, and noise. comments from the ASA (CW); acceptable. The plans include: (1) Re- 5. Environmental Consultation and however, neither construction funding contouring and re-vegetating sterile and Review. The U.S. Fish and Wildlife nor authority for implementation of this unstable abandoned tailing piles and Service (USFWS) will be assisting in the project has been provided by Congress un-vegetated abandoned mined areas in documentation of existing conditions to date. the immediate vicinity of the stream and assessment of effects of project By letter dated June 22, 2006, the City corridor, (2) as an increment to alternatives through Fish and Wildlife of Fort Worth requested the Corps to Alternative 1, including an additional Coordination Act consultation evaluate the potential benefits of 4,500 to 6,000 acres not immediately procedures. The USFWS will provide a merging the Central City Project with adjacent to the river by re-contouring Fish and Wildlife Coordination Act the Riverside Oxbow project. They and re-vegetating a total area of report. Consultation will be identified potential benefits including

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greater opportunity for valley storage than the existing river channel. Valley not be achieved if they proceed requirements, increased restoration storage sites are included in the existing independently. These potential benefits opportunities, and cost savings. After an authorized plan to compensate for this included greater flexibility in selecting initial evaluation, the Corps determined potential loss of storage. Four areas sites for the required valley storage that alternative areas along the West would provide the required valley mitigation, opportunity to increase Fork of the Trinity River including areas storage; along the West Fork of the restoration benefits, and cost savings. within the Riverside Oxbow project had Trinity River upstream of the bypass In addition, during detailed design the potential to provide the required channel (Riverbend/Rockwood), investigations it was determined that hydraulic mitigation, provide adjacent to University Drive, in the alternative locations of the proposed comparable ecosystem restoration vicinity of the Samuels Avenue Dam, Samuel Avenue Dam should be outputs, reduce habitat mitigation and slightly downstream of the evaluated due to geotechnical requirements, and lower overall project proposed dam site in proximity to considerations. The amount of aquatic costs. Riverside Park. Construction of the habitat impacted in marine and Lebow These potential modifications to the bypass channel and associated valley Creeks is affected by the location of projects may be substantial and a storage sites would not increase Samuels Avenue Dam and will be supplement to the Central City downstream water surface elevations or considered during further site analysis. environmental impact statement should downstream flow. In response to the City’s letter request, be prepared concurrently with a more Reestablishment of vegetation and the corps performed an initial detailed analysis. Therefore, this Notice habitat at the Riverbend/Rockwood site evaluation and determined that of Intent to prepare Supplement No. 1 following construction activities were alternative areas along the West Fork of to the FEIS for the Central City project included in the authorized plan, the Trinity River including areas within is being issued in accordance with the partially for mitigation of project the Riverside Oxbow project had the Council on Environmental Quality’s impacts to wetland, riparian, and potential to provide the required NEPA implementing regulations at 40 terrestrial resources and partially for hydraulic mitigation, provide CFR Parts 1500–1508. ecosystem restoration. Additional comparable ecosystem restoration outputs, reduce habitat mitigation FOR FURTHER INFORMATION CONTACT: habitat mitigation measures were Questions and scoping comments included along Ham Branch, a tributary requirements, and lower project costs. pertaining to this analysis and Draft of the West Fork of the Trinity River, Following review of this initial which enters the system a short distance Supplement to the EIS should be evaluation, Corps Headquarters directed downstream of Highway 121. directed to Mr. Saji Puthenpurayel, that a detailed analysis be undertaken Approximately 305 feet of the existing Project Manager, CESWF–EC–D, U.S. that evaluates the total hydraulic system channel would be relocated to provide Army Corps of Engineers, Fort Worth including the Central City and Riveside adequate width for riparian forest District, P.O. Box 17300, Fort Worth, TX Oxbow project areas. The Corps’ development and existing riparian 76102–0300, (817) 886–1764. approving offices acknowledged that to habitat would be improved along the determine if and how either project SUPPLEMENTARY INFORMATION: The remainder of the channel. should be modified, additional study, Central City project as authorized The Riverside Oxbow project area is reporting, and environmental includes a flood bypass channel and adjacent to and immediately compliance would be required. flood gates to divert flood flows around downstream of the Central City Project. All affected Federal, State, and local a segment of the existing Trinity River The focus of the project is to restore the agencies, affected Indian tribes, and channel adjacent to downtown Fort ecological integrity of aquatic and other interested private local Worth, Samuels Avenue Dam to create riparian systems along a portion of the organizations and parties are hereby an interior water feature, and hydraulic natural Trinity River channel that was invited to participate in the and ecological mitigation areas. The severed by construction of a realignment development of the Draft SEIS. No bypass channel is approximately 8,400 and enlargement of the West Fork of the Public Meetings have been scheduled at feet long, 300–400 feet wide, and would Trinity River channel by non-Federal this time, however all agencies and be approximately 30 feet below the interests. The Interim Feasibility Report other known interested entities will be existing grade. The bypass channel recommends implementation of the informed by public notice to request would begin at the Clear Fork Locally Preferred Plan, which consists their comments regarding the potential downstream of West Seventh Street, of the National Ecosystem Restoration modifications. Coordination will interest the West Fork approximately (NER) Plan along with additional local continue with the U.S. Fish and 2,600 feet upstream of the existing features. The NER plan for the Riverside Wildlife Service and Texas Parks and confluence with the Clear Fork, and Oxbow will restore the biological Wildlife Department in accordance with continue to the northeast terminating at integrity of the wetland and bottomland the Fish and Wildlife Coordination Act. the West Fork about 8,500 feet hardwood communities through a The Texas State Historic Preservation downstream of the existing confluence. combination of measures directed at Office will be consulted as required by The Corps component of the Central either specific habitat types or specific Section 106 of the National Historic City Project was authorized for problems within the existing ecosystem. Preservation Act. Potential construction by Section 116 of Public The City’s request to merge these modifications to the project will also be Law 108–447, dated December 8, 2004. projects recognized that each project is coordinated with the Texas Council on Under that authority, Corps moving forward independently but they Environmental Quality to ensure any participation is limited to $110 million are located adjacent to one another. The changes are in compliance with Section with a total project cost $220 million for City and the Tarrant Regional Water 401 of the Clean Water Act. that portion of the infrastructure plan in District expressed their opinion that which the Corps can participate. based on their adjacency, there might be Dated: February 7, 2007. Without hydraulic mitigation, the merit in combining the two projects. In Christopher W. Martin, Central City project would result in a their letter, the City of Forth Worth Colonel, Corps of Engineers, District Engineer. loss of valley storage due to the bypass identified potential benefits of [FR Doc. 07–724 Filed 2–15–07; 8:45 am] channel being shorter and more efficient combining the two projects that would BILLING CODE 3710–20–M

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DEPARTMENT OF DEFENSE Title: Associated Form; and OMB PA 19112–1303, telephone 215–897– Number: Facilities Available for the 4909. Department of the Navy Construction or Repair or Ships; SUPPLEMENTARY INFORMATION: In 2005, [No. USN–2007–0013] Standard Form 17, OMB Control NAS, Brunswick, ME, was designated Number 0703–0006. for closure under the authority of the Proposed Collection; Comment Needs and Uses: This collection of Defense Base Closure and Realignment Request information provides NAVSEASYSCOM Act of 1990, Public Law 101–510, as and the Maritime Administration with a amended (the Act). Pursuant to this AGENCY: Department of the Navy, DoD. list of facilities available for designation, on January 23, 2006, land ACTION: Notice. construction or repair of ships, and and facilities at this installation were information utilized in a database for SUMMARY: In compliance with Section declared excess to the Department of assessing the production capacity of the Navy (DON) and available to other 3506(c)(2)(A) of the Paperwork individual shipyards. Respondents are Reduction Act of 1995, the Naval Sea Department of Defense components and businesses involved in shipbuilding other Federal agencies. The DON has Systems Command announces a and/or repair. proposed extension of a previously evaluated all timely Federal requests Affected Public: Businesses or other and has made a decision on property approved public information collection for profit institutions. and seeks public comment on the required by the Federal Government. Annual Burden Hours: 520. Notice of Surplus Property. Pursuant provisions thereof. Comments are Number of Respondents: 130. to paragraph (7)(B) of Section 2905(b) of invited on: (a) Whether the proposed Responses Per Respondent: 1. the Act, as amended by the Base Closure collection of information is necessary Average Burden Per Response: 4 Community Redevelopment and for the proper performance of the hours. Homeless Assistance Act of 1994, the functions of the agency, including Frequency: Annually and as following information regarding the whether the information shall have requested. redevelopment authority for surplus practical utility; (b) the accuracy of the SUPPLEMENTARY INFORMATION: property at NAS, Brunswick, ME, is agency’s estimate of the burden of the published in the Federal Register. proposed information collection; (c) Summary of Information Collection Redevelopment Authority. The local ways to enhance the quality, utility and This collection of information redevelopment authority (LRA) for NAS, clarity of the information to be Brunswick, ME, is the Brunswick Local collected; and (d) ways to minimize the provides NAVSEASYSCOM and the Maritime Administration with a list of Redevelopment Authority. The point of burden of the information collection on contact is Mr. Steve Levesque, Executive respondents, including through the use facilities available for construction or repair of ships, and information utilized Director, Fort Andross, 14 Maine Street, of automated collection techniques or Box 17, Brunswick, ME 04011, other forms of information technology. in a database for assessing the production capacity of the individual telephone 207–798–6512. DATES: Consideration will be given to all Surplus Property Description. The shipyards. Respondents are businesses comments received by April 17, 2007. following is a list of the land and involved in shipbuilding and/or repair. ADDRESSES: You may submit comments, facilities at NAS, Brunswick, along with identified by docket number and title, Dated: February 12, 2007. the following off-site components: by any of the following methods: Patricia L. Toppings, McKeen Street Housing Area, East • Federal eRulemaking Portal: http:// Alternate OSD Federal Register Liaison Brunswick Radio Transmitter Site, and www.regulations.gov. Follow the Officer, Department of Defense. Sabino Hill Rake Station that are instructions for submitting comments. [FR Doc. 07–732 Filed 2–15–07; 8:45 am] surplus to the needs of the Federal • Mail: Federal Docket Management BILLING CODE 5007–06–M Government. System Office, 1160 Defense Pentagon, Main Base Washington, DC 20301–1160. • Instructions: All submissions DEPARTMENT OF DEFENSE a. Land. NAS, Brunswick, ME—Main received must include the agency name, Base consists of approximately 3,045 docket number and title for this Federal Department of the Navy acres of improved and unimproved fee simple land, and includes 26 acres Register document. The general policy Information on Surplus Land at a for comments and other submissions situated north of Bath Road, located Military Installation Designated for within Cumberland County and the from members of the public is to make Disposal: NAS, Brunswick, ME these submissions available for public Town of Brunswick. In general, the area will be available when the installation viewing on the Internet at http:// AGENCY: Department of the Navy, DoD. closes in September 2011. However, www.regulations.gov as they are ACTION: Notice. received without change, including any approximately 115 acres of the main base, which is improved with 342 units personal identifiers or contact SUMMARY: This notice provides information. information on the surplus property at of housing, garages, a maintenance building, and a butler building, is FOR FURTHER INFORMATION CONTACT: To Naval Air Station (NAS), Brunswick, ME. currently outleased to Northeast request additional information or to Housing LLC. Since the lease expires obtain a copy of the proposal and FOR FURTHER INFORMATION CONTACT: Ms. October 31, 2054, the housing area will associated collection instruments, write Kimberly Kesler, Director, Base be available subject to the lease. to Commander, Naval Sea Systems Realignment and Closure Program Not included in this notice of surplus Command (SEA 04Z3), 1333 Isaac Hull Management Office, 1455 Frazee Road, are the 342 units of housing, garages, Avenue, SE., STOP 4030, Washington San Diego, CA 92108–4310, telephone maintenance building, and butler Navy Yard, DC 20376–4030, or contact 619–532–0993 or Mr. David Drozd, building. These improvements are Connie Gerow or Len Thompson at Director, Base Realignment and Closure owned by Northeast Housing LLC. (202) 781–4074 or (202) 781–1832, Program Management Office, Northeast, This surplus notice also does not respectively. 4911 South Broad Street, Philadelphia, include three parcels of land designated

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for federal transfer. The first parcel is facility, vet clinic, medical/dental described Sabino Hill land, will also be approximately 51 acres of primarily clinic, etc. available when the installation closes. undeveloped property within the (8) Paved areas (roads). Comments: (1) Miscellaneous building (1 Weapons Compound located in the Approximately 372,928 square yards structure), Rake Tower. southern portion of the installation. consisting of roads and other similar (2) Paved areas (roads). Comments: 67 This area will be transferred to the pavements. Approximately 365,555 square yards. Department of the Army on or before square yards consisting of other surface Redevelopment Planning. Pursuant to operational closure. The second parcel areas, i.e., parking areas, sidewalks, etc. section 2905(b)(7)(F) of the Act, the consists of approximately 11.2 acres at (9) Utility facilities (approximately 8 Brunswick LRA will conduct a the existing Nationwide Differential structures). Comments: measuring community outreach effort with respect Global Positioning System site and systems vary; storm sewer, sanitary to the surplus property, and will includes unimproved and improved sewer, electric, and water. publish, within 30 days of the date of land and associated facilities. This area McKeen Street Housing Area this notice, in a newspaper of general will be transferred to the U.S. Coast circulation in the communities within Guard on or before operational closure. a. Land. NAS, Brunswick, ME— the vicinity of NAS, Brunswick, ME, the The third parcel consists of McKeen Street Housing Area consists of time period during which the LRA will approximately 10 acres and includes the approximately 70 acres of improved and receive notices of interest from State Tower/Radar Approach Control Facility. unimproved fee simple land located and local governments, representatives This area will be transferred to the within Cumberland County and the of the homeless, and other interested Federal Aviation Administration on or Town of Brunswick. In general, the area parties. This publication shall include before operational closure. will be available when the installation the name, address, and telephone b. Buildings. The following is a closes in September 2011. However, the number of the point of contact for the summary of the buildings and other land, formerly known as ‘‘Capehart LRA who can provide information on improvements located on the above- Housing,’’ which is improved with 231 the prescribed form and contents of the described Main Base land that will also units of housing, garages, a community notices of interest. be available when the installation center, and a storage building, is closes. currently outleased to Northeast Dated: February 9, 2007. (1) Aviation buildings (7 structures). Housing LLC. Since the lease expires M.A. Harvison, Comments: Approximately 523,659 October 31, 2054, the property will be Lieutenant Commander, Judge Advocate square feet, includes hangars. available subject to the lease. General’s Corps, U.S. Navy, Federal Register Approximately 1,145,568 square yards Not included in this notice of surplus Liaison Officer. of aviation facilities (13 structures), are the Housing Quarters (231 units of [FR Doc. E7–2762 Filed 2–15–07; 8:45 am] includes taxiways, dual runways, housing), garages, a community center, BILLING CODE 3810–FF–P parking aprons, line vehicle parking, a maintenance building, and paved etc. areas (roads and pavements). These (2) Administrative/training facilities improvements are owned by Northeast DEPARTMENT OF EDUCATION (16 structures). Comments: Housing LLC. Approximately 114,447 square feet. b. Improvements. The following is a Submission for OMB Review; (3) Bachelor Quarters (21 structures). summary of the improvements located Comment Request Comments: Approximately 319,209 on the above-described McKeen Street square feet. land that will also be available when the AGENCY: Department of Education. (4) Maintenance Production Facilities installation closes. SUMMARY: The Director, Regulatory (65 structures). Comments: (1) Utility facilities (approximately 4 Information Management Services, Approximately 301,526 square feet, structures). Comments: measuring Office of Management invites comments includes public works shop, auto systems vary; storm drainage, sanitary on the submission for OMB review as equipment repair shop, operations sewer, electrical distribution, water required by the Paperwork Reduction buildings, support buildings/facilities, distribution, etc. Act of 1995. etc. (5) Storage/Warehouse Facilities (15 East Brunswick Radio Transmitter Site DATES: Interested persons are invited to structures). Comments: Approximately a. Land. NAS, Brunswick, ME—East submit comments on or before March 90,700 square feet. Approximately Brunswick Radio Transmitter Site 19, 2007. 18,204 square yards of open storage, consists of approximately 66 acres of ADDRESSES: Written comments should including loading platform, storage improved and unimproved fee simple be addressed to the Office of yard, etc. land located within Cumberland County Information and Regulatory Affairs, (6) Community Support Facilities (25 and the Town of Brunswick. In general, Attention: Education Desk Officer, structures). Comments: Approximately the area will be available when the Office of Management and Budget, 725 276,559 square feet, includes installation closes in September 2011. 17th Street, NW., Room 10222, community facility, physical fitness Washington, DC 20503. Commenters are facility, service station, bowling center, Sabino Hill Rake Station encouraged to submit responses chapel, Navy Exchange retail complex, a. Land. NAS, Brunswick, ME— electronically by e-mail to indoor fitness center, child care center, Sabino Hill Rake Station consists of [email protected] or via fax family services center, picnic shelter, approximately 0.23 acre of improved to (202) 395–6974. Commenters should auto hobby shop, Navy lodge, recycling and unimproved fee simple land located include the following subject line in center, etc. Approximately 175,000 within Sagadahoc County and the Town their response Comment: [insert OMB square yards of athletic fields, playing of Phippsburg. In general, the area will number], [insert abbreviated collection courts, etc. be available when the installation closes name, e.g., ‘‘Upward Bound (7) Miscellaneous facilities (13 in September 2011. Evaluation’’]. Persons submitting structures). Comments: Approximately b. Buildings. The following comments electronically should not 57,770 square feet, includes fire rescue improvements, located on the above- submit paper copies.

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SUPPLEMENTARY INFORMATION: Section significant disabilities and to promote their response ‘‘Comment: [insert OMB 3506 of the Paperwork Reduction Act of and maximize the integration and full number], [insert abbreviated collection 1995 (44 U.S.C. Chapter 35) requires inclusion of individuals with significant name, e.g., ‘‘Upward Bound that the Office of Management and disabilities into the mainstream of Evaluation’’]. Persons submitting Budget (OMB) provide interested American society. The SPIL comments electronically should not Federal agencies and the public an early encompasses the activities planned by submit paper copies. opportunity to comment on information the State to achieve its specified SUPPLEMENTARY INFORMATION: Section collection requests. OMB may amend or independent living objectives and 3506 of the Paperwork Reduction Act of waive the requirement for public reflects the State’s commitment to 1995 (44 U.S.C. Chapter 35) requires consultation to the extent that public comply with all applicable statutory and that the Office of Management and participation in the approval process regulatory requirements during the three Budget (OMB) provide interested would defeat the purpose of the years covered by the plan. Federal agencies and the public an early information collection, violate State or Requests for copies of the information opportunity to comment on information Federal law, or substantially interfere collection submission for OMB review collection requests. OMB may amend or with any agency’s ability to perform its may be accessed from http:// waive the requirement for public statutory obligations. The Director, edicsweb.ed.gov, by selecting the consultation to the extent that public Regulatory Information Management ‘‘Browse Pending Collections’’ link and participation in the approval process Services, Office of Management, by clicking on link number 3236. When would defeat the purpose of the publishes that notice containing you access the information collection, information collection, violate State or proposed information collection click on ‘‘Download Attachments’’ to Federal law, or substantially interfere requests prior to submission of these view. Written requests for information with any agency’s ability to perform its requests to OMB. Each proposed should be addressed to U.S. Department statutory obligations. The IC Clearance of Education, 400 Maryland Avenue, information collection, grouped by Official, Regulatory Information SW., Potomac Center, 9th Floor, office, contains the following: (1) Type Management Services, Office of Washington, DC 20202–4700. Requests of review requested, e.g. new, revision, Management, publishes that notice may also be electronically mailed to extension, existing or reinstatement; (2) containing proposed information [email protected] or faxed to 202– Title; (3) Summary of the collection; (4) collection requests prior to submission 245–6623. Please specify the complete Description of the need for, and of these requests to OMB. Each title of the information collection when proposed use of, the information; (5) proposed information collection, Respondents and frequency of making your request. Comments regarding burden and/or grouped by office, contains the collection; and (6) Reporting and/or following: (1) Type of review requested, Recordkeeping burden. OMB invites the collection activity requirements should be electronically mailed to e.g., new, revision, extension, existing public comment. [email protected]. Individuals who or reinstatement; (2) Title; (3) Summary Dated: February 12, 2007. use a telecommunications device for the of the collection; (4) Description of the Leo J. Eiden, deaf (TDD) may call the Federal need for, and proposed use of, the Director, Regulatory Information Information Relay Service (FIRS) at 1– information; (5) Respondents and Management Services Office of Management. 800–877–8339. frequency of collection; and (6) Reporting and/or Recordkeeping Office of Special Education and [FR Doc. E7–2717 Filed 2–15–07; 8:45 am] burden. OMB invites public comment. Rehabilitative Services BILLING CODE 4000–01–P Dated: February 12, 2007. Type of Review: Reinstatement. Angela C. Arrington, Title: State Plan for Independent DEPARTMENT OF EDUCATION IC Clearance Official, Regulatory Information Living and Center for Independent Management Services Office of Management. Living Programs (SPIL). Submission for OMB Review; Frequency: Every three years. Comment Request Office of Vocational and Adult Affected Public: State, Local, or Tribal Education Gov’t, SEAs or LEAs; Not-for-profit AGENCY: Department of Education. Type of Review: Revision. institutions. SUMMARY: The IC Clearance Official, Title: Community Technology Centers Reporting and Recordkeeping Hour Regulatory Information Management Program. Burden: Services, Office of Management invites Frequency: Annually. Responses: 56. comments on the submission for OMB Affected Public: State, Local, or Tribal Burden Hours: 3,360. review as required by the Paperwork Gov’t, SEAs or LEAs; Not-for-profit Abstract: States wishing to receive Reduction Act of 1995. institutions. funding under the State Independent DATES: Interested persons are invited to Reporting and Recordkeeping Hour Living Services (SILS) and Centers for submit comments on or before March Burden: Independent Living (CIL) programs 19, 2007. Responses: 14. must submit an approvable three-year ADDRESSES: Written comments should Burden Hours: 336. State Plan for Independent Living (SPIL) be addressed to the Office of Abstract: To enable the Department to to the Rehabilitation Services Information and Regulatory Affairs, promote the accountability of projects Administration (RSA). The purpose of Attention: Education Desk Officer, funded under this program, grantees are these programs is to promote the Office of Management and Budget, 725 required to submit to the Secretary a independent living philosophy—based 17th Street, NW., Room 10222, final performance report that: (1) on consumer control, peer support, self- Washington, DC 20503. Commenters are Summarizes project progress with help, self-determination, equal access encouraged to submit responses respect to the specific, measurable goals, and individual and systems advocacy— electronically by e-mail to objectives, and outcomes proposed in to maximize the leadership, [email protected] or via fax the management plan; (2) summarizes empowerment, independence and to (202) 395–6974. Commenters should project impact with respect to the productivity of individuals with include the following subject line in achievement of participants, as

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measured by a range of appropriate electronically by e-mail to used to monitor the agency’s financial performance measures, as identified [email protected] or via fax activities, including activities below; (3) identifies barriers to progress to (202) 395–6974. Commenters should concerning its federal fund; operating as well as solutions, and (4) provides include the following subject line in fund and the agency’s restricted information about the project’s success their response ‘‘Comment: [insert OMB account. in identifying funding to sustain its number], [insert abbreviated collection Requests for copies of the information operations after the cessation of the name, e.g., ‘‘Upward Bound collection submission for OMB review grant. Evaluation’’]. Persons submitting may be accessed from http:// This information collection is being comments electronically should not edicsweb.ed.gov, by selecting the submitted under the Streamlined submit paper copies. ‘‘Browse Pending Collections’’ link and Clearance Process for Discretionary SUPPLEMENTARY INFORMATION: Section by clicking on link number 3239. When Grant Information Collections (1890– 3506 of the Paperwork Reduction Act of you access the information collection, 0001). Therefore, the 30-day public 1995 (44 U.S.C. Chapter 35) requires click on ‘‘Download Attachments’’ to comment period notice will be the only that the Office of Management and view. Written requests for information public comment notice published for Budget (OMB) provide interested should be addressed to U.S. Department this information collection. Federal agencies and the public an early of Education, 400 Maryland Avenue, Requests for copies of the information opportunity to comment on information SW., Potomac Center, 9th Floor, collection submission for OMB review collection requests. OMB may amend or Washington, DC 20202–4700. Requests may be accessed from http:// waive the requirement for public may also be electronically mailed to edicsweb.ed.gov, by selecting the consultation to the extent that public [email protected] or faxed to 202– ‘‘Browse Pending Collections’’ link and participation in the approval process 245–6623. Please specify the complete by clicking on link number 3264. When would defeat the purpose of the title of the information collection when you access the information collection, information collection, violate State or making your request. click on ‘‘Download Attachments’’ to Federal law, or substantially interfere Comments regarding burden and/or view. Written requests for information with any agency’s ability to perform its the collection activity requirements should be addressed to U.S. Department should be electronically mailed to of Education, 400 Maryland Avenue, statutory obligations. The IC Clearance [email protected]. Individuals who SW., Potomac Center, 9th Floor, Official, Regulatory Information use a telecommunications device for the Washington, DC 20202–4700. Requests Management Services, Office of may also be electronically mailed to Management, publishes that notice deaf (TDD) may call the Federal [email protected] or faxed to 202– containing proposed information Information Relay Service (FIRS) at 1– 245–6623. Please specify the complete collection requests prior to submission 800–877–8339. title of the information collection when of these requests to OMB. Each [FR Doc. E7–2779 Filed 2–15–07; 8:45 am] making your request. proposed information collection, BILLING CODE 4000–01–P Comments regarding burden and/or grouped by office, contains the the collection activity requirements following: (1) Type of review requested, should be electronically mailed to e.g., new, revision, extension, existing DEPARTMENT OF EDUCATION [email protected]. Individuals who or reinstatement; (2) Title; (3) Summary Submission for OMB Review; use a telecommunications device for the of the collection; (4) Description of the Comment Request deaf (TDD) may call the Federal need for, and proposed use of, the information; (5) Respondents and Information Relay Service (FIRS) at 1– AGENCY: Department of Education. frequency of collection; and (6) 800–877–8339. SUMMARY: The IC Clearance Official, Reporting and/or Recordkeeping Regulatory Information Management [FR Doc. E7–2718 Filed 2–15–07; 8:45 am] burden. OMB invites public comment. BILLING CODE 4000–01–P Services, Office of Management invites Dated: February 12, 2007. comments on the submission for OMB Angela C. Arrington, review as required by the Paperwork DEPARTMENT OF EDUCATION IC Clearance Official, Regulatory Information Reduction Act of 1995. Management Services, Office of Management. DATES: Interested persons are invited to Submission for OMB Review; submit comments on or before March Comment Request Federal Student Aid 19, 2007. Type of Review: Extension. AGENCY: Department of Education. Title: Guaranty Agency Financial ADDRESSES: Written comments should SUMMARY: The IC Clearance Official, Report. be addressed to the Office of Regulatory Information Management Frequency: Monthly, Annually. Information and Regulatory Affairs, Services, Office of Management invites Affected Public: State, Local, or Tribal Attention: Education Desk Officer, comments on the submission for OMB Gov’t, SEAs or LEAs; Businesses or Office of Management and Budget, 725 review as required by the Paperwork other for-profit. 17th Street, NW., Room 10222, Reduction Act of 1995. Reporting and Recordkeeping Hour Washington, DC 20503. Commenters are DATES: Interested persons are invited to Burden: encouraged to submit responses submit comments on or before March Responses: 612. electronically by e-mail to 19, 2007. Burden Hours: 33,660. [email protected] or via fax ADDRESSES: Written comments should Abstract: The Guaranty Agency to (202) 395–6974. Commenters should be addressed to the Office of Financial Report is used to request include the following subject line in Information and Regulatory Affairs, payments from and make payments to their response ‘‘Comment: [insert OMB Attention: Education Desk Officer, the Department of Education under the number], [insert abbreviated collection Office of Management and Budget, 725 Federal Family Education Loan (FFEL) name, e.g., ‘‘Upward Bound 17th Street, NW., Room 10222, program authorized by Title IV, Part B Evaluation’’]. Persons submitting Washington, DC 20503. Commenters are of the Higher Education Act (HEA) of comments electronically should not encouraged to submit responses 1965, as amended. The report is also submit paper copies.

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SUPPLEMENTARY INFORMATION: Section edicsweb.ed.gov, by selecting the of the collection; (4) Description of the 3506 of the Paperwork Reduction Act of ‘‘Browse Pending Collections’’ link and need for, and proposed use of, the 1995 (44 U.S.C. Chapter 35) requires by clicking on link number 3240. When information; (5) Respondents and that the Office of Management and you access the information collection, frequency of collection; and (6) Budget (OMB) provide interested click on ‘‘Download Attachments’’ to Reporting and/or Recordkeeping Federal agencies and the public an early view. Written requests for information burden. OMB invites public comment. opportunity to comment on information should be addressed to U.S. Department The Department of Education is collection requests. OMB may amend or of Education, 400 Maryland Avenue, especially interested in public comment waive the requirement for public SW., Potomac Center, 9th Floor, addressing the following issues: (1) Is consultation to the extent that public Washington, DC 20202–4700. Requests this collection necessary to the proper participation in the approval process may also be electronically mailed to functions of the Department; (2) will would defeat the purpose of the [email protected] or faxed to 202– this information be processed and used information collection, violate State or 245–6623. Please specify the complete in a timely manner; (3) is the estimate Federal law, or substantially interfere title of the information collection when of burden accurate; (4) how might the with any agency’s ability to perform its making your request. Department enhance the quality, utility, statutory obligations. The IC Clearance Comments regarding burden and/or and clarity of the information to be Official, Regulatory Information the collection activity requirements collected; and (5) how might the Management Services, Office of should be electronically mailed to Department minimize the burden of this Management, publishes that notice [email protected]. Individuals who collection on the respondents, including containing proposed information use a telecommunications device for the through the use of information collection requests prior to submission deaf (TDD) may call the Federal technology. of these requests to OMB. Each Information Relay Service (FIRS) at 1–800–877–8339. Dated: February 12, 2007. proposed information collection, Angela C. Arrington, grouped by office, contains the [FR Doc. E7–2781 Filed 2–15–07; 8:45 am] IC Clearance Official, Regulatory Information BILLING CODE 4000–01–P following: (1) Type of review requested, Management Services, Office of Management. e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of Federal Student Aid DEPARTMENT OF EDUCATION the collection; (4) Description of the Type of Review: Revision. need for, and proposed use of, the Notice of Proposed Information Title: Fiscal Operations Report for information; (5) Respondents and Collection Requests 2006–2007 and Application to frequency of collection; and (6) Participate for 2008–2009 (FISAP) and Reporting and/or Recordkeeping AGENCY: Department of Education. Reallocation Form E40–4P. burden. OMB invites public comment. SUMMARY: The IC Clearance Official, Frequency: Annually. Dated: February 12, 2007. Regulatory Information Management Affected Public: Not-for-profit Services, Office of Management, invites Angela C. Arrington, institutions; Businesses or other for- comments on the proposed information profit; State, Local, or Tribal Gov’t, IC Clearance Official, Regulatory Information collection requests as required by the Management Services Office of Management. SEAs or LEAs. Paperwork Reduction Act of 1995. Reporting and Recordkeeping Hour Office of the Chief Financial Officer DATES: Interested persons are invited to Burden: Type of Review: Extension. submit comments on or before April 17, Responses: 5,798. Title: Streamlined Clearance Process 2007. Burden Hours: 27,936. for Discretionary Grant Information SUPPLEMENTARY INFORMATION: Section Abstract: This application data will be Collections. 3506 of the Paperwork Reduction Act of used to compute the amount of funds Frequency: Annually. 1995 (44 U.S.C. Chapter 35) requires needed by each school for the 2008– Affected Public: Not-for-profit that the Office of Management and 2009 award year. The Fiscal Operations institutions. Budget (OMB) provide interested Report data will be used to assess Reporting and Recordkeeping Hour Federal agencies and the public an early program effectiveness, account for funds Burden: opportunity to comment on information expended during the 2006–2007 award Responses: 1. collection requests. OMB may amend or year, and as part of the school funding Burden Hours: 1. waive the requirement for public process. The Reallocation form is part of Abstract: The information collection consultation to the extent that public the FISAP on the web. Schools will use plan provides the U.S. Department of participation in the approval process it in the summer to return unexpended Education with the option of submitting would defeat the purpose of the funds for 2006–2007 and request its discretionary grant information information collection, violate State or supplemental Federal Work-Study collections through a streamlined Federal law, or substantially interfere (FWS) funds for 2007–2008. Paperwork Reduction Act clearance with any agency’s ability to perform its Requests for copies of the proposed process which does not fit under the statutory obligations. The IC Clearance information collection request may be Generic Application (1890–0009). This Official, Regulatory Information accessed from http://edicsweb.ed.gov, streamlined clearance process will begin Management Services, Office of by selecting the ‘‘Browse Pending when the Department submits the Management, publishes that notice Collections’’ link and by clicking on information collection to the Office of containing proposed information link number 3279. When you access the Management and Budget (OMB) and, at collection requests prior to submission information collection, click on the same time, publishes a 30-day of these requests to OMB. Each ‘‘Download Attachments’’ to view. public comment period notice in the proposed information collection, Written requests for information should Federal Register. grouped by office, contains the be addressed to U.S. Department of Requests for copies of the information following: (1) Type of review requested, Education, 400 Maryland Avenue, SW., collection submission for OMB review e.g., new, revision, extension, existing Potomac Center, 9th Floor, Washington, may be accessed from http:// or reinstatement; (2) Title; (3) Summary DC 20202–4700. Requests may also be

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electronically mailed to school library media centers; and well- that it would not be beneficial to the [email protected] or faxed to 202– trained, professionally certified school competition to incorporate these ideas 245–6623. Please specify the complete library media specialists. Entities at this time, and therefore no changes title of the information collection when eligible for funding are local educational have been made to the priority. making your request. agencies (LEAs) in which 20 percent of Note: This notice does not solicit Comments regarding burden and/or the students served by the LEA are from applications. In any year in which we choose the collection activity requirements families with incomes below the to use this priority, we invite applications should be electronically mailed to poverty line. These entities include through a notice in the Federal Register. [email protected]. Individuals who public school districts, and may also When inviting applications we designate the use a telecommunications device for the include charter schools, regional service priority as absolute, competitive preference, deaf (TDD) may call the Federal agencies, and State-administered or invitational. The effect of each type of schools that are considered public priority follows: Information Relay Service (FIRS) at 1– Absolute priority: Under an absolute 800–877–8339. school districts by their State priority we consider only applications that educational agency. Grantees use this [FR Doc. E7–2782 Filed 2–15–07; 8:45 am] meet the priority (34 CFR 75.105(c)(3)). funding to update their school library Competitive preference priority: Under a BILLING CODE 4000–01–P media center collections, improve competitive preference priority we give technology and Internet access for their competitive preference to an application by either (1) Awarding additional points, DEPARTMENT OF EDUCATION school library media centers, extend the hours of their school library media depending on how well or the extent to which the application meets the competitive Improving Literacy through School centers, and provide professional development for school library media priority (34 CFR 75.105(c)(2)(i)); or (2) Libraries Program selecting an application that meets the specialists. competitive priority over an application of AGENCY: Office of Elementary and The LSL program has been in comparable merit that does not meet the Secondary Education, Department of existence for four years. Over this four- priority (34 CFR 75.105(c)(2)(ii)). Education. year period, we have found that the Invitational priority: Under an invitational ACTION: Notice of final priority. most successful projects are similar in priority we are particularly interested in the following two ways: (1) They have applications that meet the invitational SUMMARY: The Deputy Secretary of provided a comprehensive array of priority. However, we do not give an Education announces a priority under services (such as extended library hours application that meets the invitational the Improving Literacy Through School and professional development in priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). Libraries Program. The Deputy Secretary addition to updated book collections may use this priority for competitions in and improved technology and internet Priority: Under this priority, we give fiscal year (FY) 2007 and later years. We access); and (2) they have had priority to projects that demonstrate in take this action to allow for the best use significant support from principals, their grant applications that the of Federal funding to improve school teachers, and parents. Based on what we proposed literacy project services are library media centers in low-income know to be successful practice, we comprehensive and aligned with a communities. We intend for this priority sought to establish a priority that more school or district improvement plan. A to help strengthen the connection closely links the proposed project to the school improvement plan may include between school libraries and the school and district through alignment the required two-year plan (under instructional programs in these schools with a school or district improvement section 1116(b)(3) of the Elementary and and districts. plan. We also intended this priority to Secondary Education Act of 1965, as EFFECTIVE DATE: This priority is effective encourage applicants to offer a amended by the No Child Left Behind March 19, 2007. comprehensive array of allowable Act of 2001) that addresses the FOR FURTHER INFORMATION CONTACT: program services. academic issues that caused a school to Irene Harwarth, U.S. Department of We published a notice of proposed be identified as in need of improvement. Education, 400 Maryland Avenue, SW., priority for this program in the Federal The plan could also include a voluntary room 3W227, Washington, DC 20202– Register on December 20, 2006 (71 FR plan developed by the school or district 6200. Telephone: (202) 401–3751 or via 76280). to improve academic achievement. The There are no differences between the Internet: [email protected]. applicant must clearly describe the notice of proposed priority and this If you use a telecommunications improvement plan that is in place, notice of final priority. device for the deaf (TDD), you may call whether it is for the school or the entire the Federal Relay Service (FRS) at 1– Public Comment district, the reasons why the plan was put in place, and how the proposed 800–877–8339. In the notice of proposed priority, we Individuals with disabilities may project and the operation of the school invited comments on the proposed library media center will directly obtain this document in an alternative priority. Four of the only substantive format (e.g., Braille, large print, support the academic goals established comments we received suggested in the improvement plan. audiotape, or computer diskette) on changes the law does not authorize us request to the contact person listed to make under the applicable statutory Executive Order 12866 under FOR FURTHER INFORMATION authority. Of the remaining two This notice of final priority has been CONTACT. substantive comments, one commenter reviewed in accordance with Executive SUPPLEMENTARY INFORMATION: The suggested encouraging individuals from Order 12866. Under the terms of the purpose of the Improving Literacy local speaking and drama organizations order, we have assessed the potential Through School Libraries Program (LSL) to come to school libraries to read to costs and benefits of this regulatory is to improve student reading skills and children. An additional commenter, action. academic achievement by providing while supportive of the priority, asked The potential costs associated with students with increased access to up-to- for bonus points for districts that have the notice of final priority are those date school library materials; well- applied and been unsuccessful in past resulting from statutory requirements equipped, technologically advanced competitions. Program officials decided and those we have determined as

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necessary for administering this DEPARTMENT OF EDUCATION media centers; and well-trained, program effectively and efficiently. professionally certified school library In assessing the potential costs and Office of Elementary and Secondary media specialists. benefits—both quantitative and Education Overview Information; Priority: This priority is from the qualitative—of this notice of final Improving Literacy Through School notice of final priority for this program, priority, we have determined that the Libraries Program; Notice Inviting published elsewhere in this issue of the benefits of the final priority justify the Applications for New Awards for Fiscal Federal Register. costs. Year (FY) 2007 Competitive Preference Priority: For FY 2007, and any subsequent year in We have also determined that this Catalog of Federal Domestic Assistance which we make awards based on the regulatory action does not unduly (CFDA) Number: 84.364A. lists of unfunded applications from this interfere with State, local, and tribal competition, this priority is a governments in the exercise of their DATES: Applications Available: February competitive preference priority. Under governmental functions. 16, 2007. 34 CFR 75.105(c)(2)(i) we award up to We fully discussed the costs and Deadline for Transmittal of Applications: April 2, 2007. an additional 5 points to an application, benefits in the notice of proposed depending on how well the application priority. Deadline for Intergovernmental Review: June 1, 2007. meets this priority. Intergovernmental Review Eligible Applicants: Local educational Under this priority, we give priority to agencies (LEAs) in which at least 20 projects that demonstrate in their grant This program is subject to Executive percent of the students served by the applications that the proposed literacy Order 12372 and the regulations in 34 LEA are from families with incomes project services are comprehensive and CFR part 79. One of the objectives of the below the poverty line based on the aligned with a school or district Executive order is to foster an most recent satisfactory data available improvement plan. A school intergovernmental partnership and a from the U.S. Census Bureau at the time improvement plan may include the strengthened federalism. The Executive this notice is published. These data are required two-year plan (under section order relies on processes developed by Small Area Income and Poverty 1116(b)(3) of the Elementary and State and local governments for Estimates for school districts for income Secondary Education Act of 1965, as coordination and review of proposed year 2004. A list of LEAs with their amended by the No Child Left Behind Federal financial assistance. family poverty rates (based on these Act of 2001) that addresses the This document provides early Census Bureau data) is posted on our academic issues that caused a school to notification of our specific plans and Web site at: http://www.ed.gov/ be identified as in need of improvement. actions for this program. programs/lsl/eligibility.html. The plan could also include a voluntary plan developed by the school or district Electronic Access to This Document Estimated Available Funds: The Administration has requested to improve academic achievement. The You may view this document, as well $19,486,000 for this program for FY applicant must clearly describe the as all other Department of Education 2007. The actual level of funding, if any, improvement plan that is in place, documents published in the Federal depends on final congressional action. whether it is for the school or the entire Register, in text or Adobe Portable However, we are inviting applications to district, the reasons why the plan was Document Format (PDF) on the Internet allow enough time to complete the grant put in place, and how the proposed at the following site: http://www.ed.gov/ process if Congress appropriates funds project and the operation of the school news/fedregister. for this program. Contingent upon the library media center will directly To use PDF you must have Adobe availability of funds and quality of support the academic goals established Acrobat Reader, which is available free applications, the Secretary may make in the improvement plan. at this site. If you have questions about additional awards in FY 2008 from the Program Authority: 20 U.S.C. 6383. using PDF, call the U.S. Government list of unfunded applicants from this Applicable Regulations: (a) The Printing Office (GPO), toll free, at 1– competition. Education Department General 888–293–6498; or in the Washington, Estimated Range of Awards: Administrative Regulations (EDGAR) in DC, area at (202) 512–1530. $30,000—$300,000. 34 CFR parts 75, 77, 79, 80, 81, 82, 84, You may also view this document in Note: Actual award amounts will be based 85, 97, 98, and 99. (b) The notice of final text at the following site: http:// on the number of schools and students clarification of eligible local activities, www.ed.gov/programs/lsl. served by the project. published in the Federal Register on Note: The official version of this document Estimated Average Size of Awards: April 5, 2004 (69 FR 17894). (c) The is the document published in the Federal $190,000. notice of final priority, published Register. Free Internet access to the official Estimated Number of Awards: 100. elsewhere in this issue of the Federal edition of the Federal Register and the Code Note: The Department is not bound by any Register. of Federal Regulations is available on GPO estimates in this notice. Access at: http://www.gpoaccess.gov/nara/ II. Award Information index.html. Project Period: Up to 12 months. Type of Award: Discretionary grants. (Catalog of Federal Domestic Assistance Full Text of Announcement Estimated Available Funds: The Number 84.364A Improving Literacy through Administration has requested School Libraries Program) I. Funding Opportunity Description $19,486,000 for this program for FY Program Authority: 20 U.S.C. 6383. Purpose of Program: The purpose of 2007. The actual level of funding, if any, this program is to improve student depends on final congressional action. Dated: February 13, 2007. reading skills and academic However, we are inviting applications Raymond Simon, achievement by providing students with now to allow enough time to complete Deputy Secretary of Education. increased access to up-to-date school the grant process if Congress [FR Doc. E7–2822 Filed 2–15–07; 8:45 am] library materials; well-equipped, appropriates funds for this program. BILLING CODE 4000–01–P technologically advanced school library Contingent upon the availability of

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funds and quality of applications, the competition as follows: CFDA number Applications Available: February 16, Secretary may make additional awards 84.364A. 2007. in FY 2008 from the list of unfunded Individuals with disabilities may Deadline for Transmittal of applicants from this competition. obtain a copy of the application package Applications: April 2, 2007. Estimated Range of Awards: $30,000– in an alternative format (e.g., Braille, Applications for grants under this $300,000. large print, audiotape, or computer program must be submitted Note: Actual award amounts will be based diskette) by contacting the program electronically using the Grants.gov on the number of schools and students contact person listed under section VII Apply site (Grants.gov). For information served by the project. of this notice. (including dates and times) about how to submit your application Estimated Average Size of Awards: 2. Content and Form of Application electronically, or by mail or hand $190,000. Submission: Requirements concerning Estimated Number of Awards: 100. the content of an application, together delivery if you qualify for an exception with the forms you must submit, are in to the electronic submission Note: The Department is not bound by any requirement, please refer to section IV. estimates in this notice. the application package for this program. An Eligibility Form is 6. Other Submission Requirements in Project Period: Up to 12 months. included in the application package. this notice. We do not consider an application III. Eligibility Information You must fill out the Eligibility Form, following the instructions provided in that does not comply with the deadline 1. Eligible Applicants: LEAs in which the application package. requirements. at least 20 percent of the students served Page Limit: The application narrative Individuals with disabilities who by the LEA are from families with (Part III of the application) is where you, need an accommodation or auxiliary aid incomes below the poverty line based the applicant, address the selection in connection with the application on the most recent satisfactory data criteria that reviewers use to evaluate process should contact the person listed available from the U.S. Census Bureau your application. You must limit Part III under FOR FURTHER INFORMATION at the time this notice is published. to the equivalent of no more than 15 CONTACT. These data are Small Area Income and Deadline for Intergovernmental pages, using the following standards: Poverty Estimates for school districts for Review: June 1, 2007. • A ‘‘page’’ is 8.5″ x 11″; on one side income year 2004. A list of LEAs with 4. Intergovernmental Review: This only, with 1″ margins at the top, bottom, their family poverty rates (based on program is subject to Executive Order and both sides. these Census Bureau data) is posted on 12372 and the regulations in 34 CFR • Double space (no more than three our Web site at: http://www.ed.gov/ part 79. Information about lines per vertical inch) all text in the programs/lsl/eligibility.html. Intergovernmental Review of Federal 2. Cost Sharing or Matching: This application narrative, including titles, Programs under Executive Order 12372 program does not involve cost sharing headings, footnotes, quotations, is in the application package for this or matching but does involve references, and captions, as well as all program. supplement-not-supplant funding text in charts, tables, figures, and 5. Funding Restrictions: We reference graphs. regulations outlining funding provisions. Funds made available under • this program must be used to Use a font that is either 12 point or restrictions in the Applicable supplement, and not supplant, other larger or no smaller than 10 pitch Regulations section of this notice. Federal, State, and local funds (characters per inch). 6. Other Submission Requirements: expended to carry out activities relating The page limit does not apply to Part Applications for grants under this to library, technology, or professional I, the cover sheet; Part II, budget section, program must be submitted development activities (20 U.S.C. including the narrative budget electronically unless you qualify for an 6383(i)). justification; Part VI, the assurances and exception to this requirement in certifications; or the one-page abstract, accordance with the instructions in this IV. Application and Submission the resumes, the bibliography, or the section. Information letters of support. However, you must a. Electronic Submission of 1. Address To Request Application include all of the application narrative Applications. Applications for grants Package: You may obtain an application in Part III. Charter schools and State under the Improving Literacy Through package via the Internet or from the administered schools must include School Libraries program, CFDA Education Publications Center (ED some form of documentation from their Number 84.364A must be submitted Pubs). To obtain a copy via the Internet State educational agency (SEA) electronically using the use the following addresses: http:// confirming eligibility for this program. Governmentwide Grants.gov Apply site www.grants.gov or http://www.ed.gov/ This documentation is not counted at http//www.Grants.gov. Through this programs/lsl/applicant.html. To obtain toward the page limit. site, you will be able to download a a copy from ED Pubs, write or call the Our reviewers will not read any pages copy of the application package, following: ED Pubs, P.O. Box 1398, of your application that— complete it offline, and then upload and Jessup, MD 20794–1398. Telephone (toll • Exceed the page limit if you apply submit your application. You may not e- free): 1–877–433–7827. FAX: (301) 470– these standards; or mail an electronic copy of a grant 1244. If you use a telecommunications • Exceed the equivalent of the page application to us. device for the deaf (TDD), you may call limit if you apply other standards. We will reject your application if you (toll free): 1–877–576–7734. Appendices to the narrative are not submit it in paper format unless, as You may also contact ED Pubs at its permitted, with the exception of described elsewhere in this section, you Web site: http://www.ed.gov/pubs/ resumes and endnotes. None of the qualify for one of the exceptions to the edpubs.html or you may contact ED material sent as appendices to the electronic submission requirement and Pubs at its e-mail address: narrative, with the exception of resumes submit, no later than two weeks before [email protected]. and endnotes, will be sent to the the application deadline date, a written If you request an application from ED reviewers. statement to the Department that you Pubs, be sure to identify this 3. Submission Dates and Times: qualify for one of these exceptions.

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Further information regarding registration with the Central Contractor application a PR/Award number (an ED- calculation of the date that is two weeks Registry (CCR); (2) registering yourself specified identifying number unique to before the application deadline date is as an Authorized Organization your application). provided later in this section under Representative (AOR); and (3) getting • We may request that you provide us Exception to Electronic Submission authorized as an AOR by your original signatures on forms at a later Requirement. organization. Details on these steps are date. You may access the electronic grant outlined in the Grants.gov 3-Step Application Deadline Date Extension application for the Improving Literacy Registration Guide (see http:// in Case of Technical Issues with the Through School Libraries program at www.grants.gov/section910/ Grants.gov System: If you are http://www.Grants.gov. You must search Grants.govRegistrationBrochure.pdf). experiencing problems submitting your for the downloadable application You also must provide on your application through Grants.gov, please package for this program by the CFDA application the same D–U–N–S Number contact the Grants.gov Support Desk at number. Do not include the CFDA used with this registration. Please note 1–800–518–4726. You must obtain a number’s alpha suffix in your search that the registration process may take Grants.gov Support Desk Case Number (e.g., search for 84.364, not 84.364A). five or more business days to complete, and must keep a record of it. Please note the following: and you must have completed all If you are prevented from • When you enter the Grants.gov site, registration steps to allow you to submit electronically submitting your you will find information about successfully an application via application on the application deadline submitting an application electronically Grants.gov. In addition you will need to date because of technical problems with through the site, as well as the hours of update your CCR registration on an the Grants.gov system, we will grant you operation. annual basis. This may take three or an extension until 4:30 p.m., • Applications received by Grants.gov more business days to complete. Washington, DC time, the following are date and time stamped. Your • You will not receive additional business day to enable you to transmit application must be fully uploaded and point value because you submit your your application electronically or by submitted, and must be date and time application in electronic format, nor hand delivery. You also may mail your stamped by the Grants.gov system no will we penalize you if you qualify for application by following the mailing later than 4:30 p.m., Washington, DC an exception to the electronic instructions described elsewhere in this time, on the application deadline date. submission requirement, as described notice. Except as otherwise noted in this elsewhere in this section, and submit If you submit an application after 4:30 section, we will not consider your your application in paper format. p.m., Washington, DC time, on the application if it is date and time • You must submit all documents application deadline date, please stamped by the Grants.gov system later electronically, including all information contact the person listed elsewhere in than 4:30 p.m., Washington, DC time, on you typically provide on the following this notice under FOR FURTHER the application deadline date. When we forms: Application for Federal INFORMATION CONTACT and provide an retrieve your application from Education Assistance (SF 424), the explanation of the technical problem Grants.gov, we will notify you if we are Department of Education Supplemental you experienced with Grants.gov, along rejecting your application because it Information for SF 424, Budget with the Grants.gov Support Desk Case was date and time stamped by the Information—Non-Construction Number. We will accept your Grants.gov system after 4:30 p.m., Programs (ED 524), and all necessary application if we can confirm that a Washington, DC time, on the assurances and certifications. Please technical problem occurred with the application deadline date. note that two of these forms—the SF 424 Grants.gov system and that that problem • The amount of time it can take to and the Department of Education affected your ability to submit your upload an application will vary Supplemental Information for SF 424— application by 4:30 p.m., Washington, depending on a variety of factors have replaced the ED 424 (Application DC time, on the application deadline including the size of the application and for Federal Education Assistance). date. The Department will contact you • the speed of your Internet connection. You must attach any narrative after a determination is made on Therefore, we strongly recommend that sections of your application as files in whether your application will be you do not wait until the application a .DOC (document), .RTF (rich text), or accepted. deadline date to begin the submission .PDF (Portable Document) format. If you process through Grants.gov. upload a file type other than the three Note: The extensions to which we refer in • You should review and follow the this section apply only to the unavailability file types specified in this paragraph or of, or technical problems with, the Grants.gov Education Submission Procedures for submit a password-protected file, we system. We will not grant you an extension submitting an application through will not review that material. if you failed to fully register to submit your Grants.gov that are included in the • Your electronic application must application to Grants.gov before the application package for this competition comply with any page-limit application deadline date and time or if the to ensure that you submit your requirements described in this notice. technical problem you experienced is application in a timely manner to the • After you electronically submit unrelated to the Grants.gov system. Grants.gov system. You can also find the your application, you will receive from Exception to Electronic Submission Education Submission Procedures Grants.gov an automatic notification of Requirement: You qualify for an pertaining to Grants.gov at http://e- receipt that contains a Grants.gov exception to the electronic submission Grants.ed.gov/help/ tracking number. (This notification requirement, and may submit your GrantsgovSubmissionProcedures.pdf. indicates receipt by Grants.gov only, not application in paper format, if you are • To submit your application via receipt by the Department.) The unable to submit an application through Grants.gov, you must complete all steps Department then will retrieve your the Grants.gov system because— in the Grants.gov registration process application from Grants.gov and send a • You do not have access to the (see http://www.grants.gov/applicants/ second notification to you by e-mail. Internet; or get_registered.jsp). These steps include This second notification indicates that • You do not have the capacity to (1) registering your organization, a the Department has received your upload large documents to the multi-part process that includes application and has assigned your Grants.gov system; and

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• No later than two weeks before the If you mail your application through increased access to up-to-date school application deadline date (14 calendar the U.S. Postal Service, we do not library materials; a well-equipped, days or, if the fourteenth calendar day accept either of the following as proof technologically advanced school library before the application deadline date of mailing: media center; and well-trained, falls on a Federal holiday, the next (1) A private metered postmark, or professionally certified school library business day following the Federal (2) A mail receipt that is not dated by media specialists. holiday), you mail or fax a written the U.S. Postal Service. (b) Need for school library resources statement to the Department, explaining If your application is postmarked after (5 points). How well the applicant which of the two grounds for an the application deadline date, we will demonstrates the need for school library exception prevent you from using the not consider your application. media improvement, based on the age Internet to submit your application. Note: The U.S. Postal Service does not and condition of school library media If you mail your written statement to uniformly provide a dated postmark. Before resources, including book collections; the Department, it must be postmarked relying on this method, you should check access of school library media centers to no later than two weeks before the with your local post office. advanced technology; and the application deadline date. If you fax c. Submission of Paper Applications availability of well-trained, your written statement to the by Hand Delivery. If you qualify for an professionally certified school library Department, we must receive the faxed exception to the electronic submission media specialists, in schools served by statement no later than two weeks requirement, you (or a courier service) the applicant. (c) Use of funds (40 points). How well before the application deadline date. may deliver your paper application to the applicant will use the funds made Address and mail or fax your the Department by hand. You must available through the grant to carry out statement to: Irene Harwarth, U.S. deliver the original and two copies of one or more of the following activities Department of Education, 400 Maryland your application by hand, on or before that meet its demonstrated needs: Avenue, SW., Room 3W227, the application deadline date, to the Washington, DC 20202–6200, Fax: (202) (1) Acquiring up-to-date school Department at the following address: library media resources, including 260–8969; or Miriam Lund, U.S. U.S. Department of Education, Department of Education, 400 Maryland books. Application Control Center, Attention: (2) Acquiring and using advanced Avenue, SW., Room 3W258, (CFDA Number 84.364A), 550 12th Washington, DC 20202–6200, Fax: (202) technology, incorporated into the Street, SW., Room 7041, Potomac Center curricula of the school, to develop and 260–8969. Plaza, Washington, DC 20202–4260. Your paper application must be enhance students’ skills in retrieving The Application Control Center submitted in accordance with the mail and making use of information and in accepts hand deliveries daily between 8 or hand delivery instructions described critical thinking. a.m. and 4:30 p.m., Washington, DC in this notice. (3) Facilitating Internet links and b. Submission of Paper Applications time, except Saturdays, Sundays, and other resource-sharing networks among by Mail. If you qualify for an exception Federal holidays. schools and school library media to the electronic submission Note for Mail or Hand Delivery of Paper centers, and public and academic requirement, you may mail (through the Applications: If you mail or hand deliver libraries. U.S. Postal Service or a commercial your application to the Department— (4) Providing professional carrier), your application to the (1) You must indicate on the envelope development (as described in the notice and—if not provided by the Department—in Department. You must mail the original of final clarification of eligible local Item 11 of the SF 424 the CFDA number, activities published in the Federal and two copies of your application, on including suffix letter, if any, of the or before the application deadline date, competition under which you are submitting Register on April 5, 2004 (69 FR 17894)) to the Department at the applicable your application; and for school library media specialists that following address: (2) The Application Control Center will is designed to improve literacy in grades By mail through the U.S. Postal mail to you a notification of receipt of your K–3, and for school library media Service: U.S. Department of Education, grant application. If you do not receive this specialists as described in section Application Control Center, Attention: notification within 15 business days from the 1222(d)(2) of the ESEA and providing (CFDA Number 84.364A), 400 Maryland application deadline date, you should call activities that foster increased Avenue, SW., Washington, DC 20202– the U.S. Department of Education collaboration between school library Application Control Center at (202) 245– media specialists, teachers, and 4260; or 6288. By mail through a commercial carrier: administrators. (5) Providing students with access to U.S. Department of Education, V. Application Review Information Application Control Center, Stop 4260, school libraries during non-school Attention: (CFDA Number 84.364A), 1. Selection Criteria: The selection hours, including the hours before and 7100 Old Landover Road, Landover, MD criteria for this program are from section after school, during weekends, and 20785–1506. 1251 of the ESEA and 34 CFR 75.210 during summer vacation periods. Regardless of which address you use, and are as follows. The maximum score (d) Quality of the management plan you must show proof of mailing for all of these criteria is 100 points. The (20 points). In determining the quality consisting of one of the following: maximum score for each criterion is of the management plan for the (1) A legibly dated U.S. Postal Service indicated in parentheses. We evaluate proposed project, the Secretary postmark. an application by determining how well considers the adequacy of the (2) A legible mail receipt with the the proposed project meets the management plan to achieve the date of mailing stamped by the U.S. following criteria: objectives of the proposed project on Postal Service. (a) Meeting the purpose of the statute time and within budget, including (3) A dated shipping label, invoice, or (5 points). How well the proposed clearly defined responsibilities, receipt from a commercial carrier. project addresses the intended outcome timelines, and milestones for (4) Any other proof of mailing of the statute: To improve student accomplishing project tasks. acceptable to the Secretary of the U.S. reading skills and academic (e) Broad-based involvement and Department of Education. achievement by providing students with coordination (20 points). How well the

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applicant will extensively involve in: (1) The percentage of participating DEPARTMENT OF EDUCATION school library media specialists, schools and districts that exceed State teachers, administrators, and parents in adequate yearly progress targets under Office of Elementary and Secondary the proposed project activities and ESEA Title I for reading achievement for Education Overview Information; effectively coordinate the funds and all students; and (2) The school library Office of Indian Education— activities provided under this program media collections at participating Professional Development; Notice with other literacy, library, technology, schools, compared to schools not Inviting Applications for New Awards and professional development funds participating in the program. for Fiscal Year (FY) 2007 and activities. (f) Evaluation of quality and impact The Department will collect data for Catalog of Federal Domestic Assistance (CFDA) Number: 84.299B. (10 points). How well the applicant will these measures from grantees’ final performance reports and other data collect and analyze data on the quality DATES: Applications Available: February and impact of the proposed project sources. 16, 2007. activities, including the extent to which VII. Agency Contact Deadline for Transmittal of the availability of, the access to, and the Applications: March 19, 2007. use of up-to-date school library media FOR FURTHER INFORMATION CONTACT: Deadline for Intergovernmental resources in the elementary schools and Irene Harwarth, U.S. Department of Review: May 17, 2007. secondary schools served by the Education, 400 Maryland Avenue, SW., Eligible Applicants: Eligible applicant increase; and the impact of room 3W227, Washington, DC 20202– applicants for this program are the project on the reading skills of 6200. Telephone: (202) 401–3751 or by institutions of higher education, students. e-mail: [email protected], or including Indian institutions of higher 2. Review and Selection Process: An Miriam Lund, U.S. Department of education; State educational agencies or additional factor we consider in Education, 400 Maryland Avenue, SW., local educational agencies in a selecting an application for an award is room 3W258, Washington, DC 20202– consortium with institutions of higher the equitable distribution of grants 6200. Telephone: (202) 401–2871 or by education; Indian tribes or organizations across geographic regions and among e-mail: [email protected]. in consortium with institutions of LEAs serving urban and rural areas. higher education; and Bureau of Indian If you use a telecommunications Affairs-funded schools. VI. Award Administration Information device for the deaf (TDD), you may call An application from a consortium of 1. Award Notices: If your application the Federal Relay Service (FRS) at 1– eligible entities must meet the is successful, we notify your U.S. 800–877–8339. requirements of 34 CFR 75.127 through Representative and U.S. Senators and Individuals with disabilities may 75.129. An application from a send you a Grant Award Notification obtain this document in an alternative consortium of eligible entities must (GAN). We may also notify you format (e.g., Braille, large print, submit the consortium agreement, informally. audiotape, or computer diskette) on signed by all parties, with the If your application is not evaluated or request to the program contact persons application. Letters of support do not not selected for funding, we notify you. listed in this section. meet the requirement for a consortium 2. Administrative and National Policy agreement. Requirements: We identify VIII. Other Information In order to be considered an eligible administrative and national policy entity, applicants, including institutions Electronic Access to This Document: requirements in the application package of higher education, must be eligible to and reference these and other You may view this document, as well as provide the level and type of degree requirements in the Applicable all other documents of this Department proposed in the application or must Regulations section of this notice. published in the Federal Register, in apply in a consortium with an We reference the regulations outlining text or Adobe Portable Document institution of higher education that is the terms and conditions of an award in Format (PDF) on the Internet at the eligible to grant the target degree. the Applicable Regulations section of following site: http://www.ed.gov/news/ Applicants applying in a consortium this notice and include these and other fedregister. with or as an ‘‘Indian organization’’ specific conditions in the GAN. The To use PDF you must have Adobe must demonstrate eligibility by showing GAN also incorporates your approved Acrobat Reader, which is available free how the ‘‘Indian organization’’ meets all application as part of your binding at this site. If you have questions about the criteria outlined in 34 CFR 263.3. commitments under the grant. using PDF, call the U.S. Government The term ‘‘Indian institution of higher 3. Reporting: At the end of your Printing Office (GPO), toll free, at 1– education’’ means an accredited college project period, you must submit a final 888–293–6498; or in the Washington, or university within the United States performance report, including financial DC, area at (202) 512–1530. cited in section 532 of the Equity in information, as directed by the Educational Land-Grant Status Act of Secretary. Note: The official version of this document 1994 (7 U.S.C. 301 note), any other is the document published in the Federal 4. Performance Measures: In response institution that qualifies for funding Register. Free Internet access to the official to the Government Performance and under the Tribally Controlled College or edition of the Federal Register and the Code Results Act (GPRA), the Department University Assistance Act of 1978 (25 of Federal Regulations is available on GPO developed two measures for evaluating U.S.C. 1801 et seq.), and Dine College the overall effectiveness of the Access at: http://www.gpoaccess.gov/nara/ index.html. (formerly Navajo Community College), Improving Literacy Through School authorized in the Navajo Community Libraries program. These measures Dated: February 13, 2007. College Assistance Act of 1978 (25 gauge improvement in student Raymond Simon, U.S.C. 640a et seq.). achievement and resources in the We will reject any application that schools and districts served by the Deputy Secretary of Education. does not meet these requirements. Improving Literacy Through School [FR Doc. E7–2821 Filed 2–15–07; 8:45 am] Estimated Available Funds: The Libraries program by assessing increases BILLING CODE 4000–01–P Administration has requested

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$19,399,000 for this program for FY to meet the requirements for full State certification or licensure as an 2007, of which $2,901,000 are available certification or licensure as a teacher education administrator; and for new awards. The actual level of through— (2) One year of induction services, funding, if any, depends on final (1)(i) Training that leads to a during the award period, to participants Congressional action. However, we are bachelor’s degree in education before after graduation, certification, or inviting applications to allow enough the end of the award period; licensure, while they are completing time to complete the grant process if (ii) For States allowing a degree in a their first year of work as administrators Congress appropriates funds for this specific subject area, training that leads in schools with significant Indian program. to a bachelor’s degree in the subject area student populations. Estimated Range of Awards: so long as the training meets the Note: The degree received as a result of $125,000–$400,000. requirements for full State teacher training and one year of induction services Estimated Average Size of Awards: certification or licensure; or are to be completed prior to the end of the $322,333. (iii) Training in a current or new award period in order to meet the Maximum Award: We will reject any specialized teaching assignment that requirements of this priority. application that proposes a budget requires at least a bachelor’s degree and Competitive Preference Priorities: exceeding $400,000 for the first, second, in which a documented teacher shortage Within these absolute priorities, we give or third 12-month budget periods. The exists; and competitive preference to applications last 12-month budget period of a 48- (2) One-year induction services after that address the following priorities. month award will be limited to graduation, certification, or licensure, Under 34 CFR 75.105(c)(2)(i) we award induction services only, at a cost not to provided during the award period to up to an additional 10 points to an exceed $90,000. The Assistant Secretary graduates of the pre-service program application, depending on the extent to may change the maximum amount while they are completing their first which the application meets one or both through a notice published in the year of work in schools with significant of these priorities. Federal Register. Indian student populations. These priorities are: Estimated Number of Awards: 9. Note: In working with various institutions Note: The Department is not bound by any Competitive Preference Priority One of higher education and State certification/ estimates in this notice. licensure requirements, we found that States We award five points to an Project Period: Up to 48 months. requiring a degree in a specific subject area application submitted by an Indian (e.g., specialty areas or teaching at the tribe, Indian organization, or Indian Full Text of Announcement secondary level) generally require a master’s institution of higher education that is I. Funding Opportunity Description degree or fifth-year requirement before an eligible to participate in the Professional individual can be certified or licensed as a Purpose of Program: The purpose of Development program. A consortium teacher. These students would be eligible to application of eligible entities that the Professional Development program participate so long as their training meets the is to (1) Increase the number of qualified requirements for full State certification or meets the requirements of 34 CFR Indian individuals in professions that licensure as a teacher. 75.127 through 75.129 of EDGAR and serve Indians; (2) provide training to includes an Indian tribe, Indian Note: The degree received as a result of organization, or Indian institution of qualified Indian individuals to become training and one year of induction services teachers, administrators, teacher aides, are to be completed prior to the end of the higher education will be considered social workers, and ancillary award period in order to meet the eligible to receive the five competitive educational personnel; and (3) improve requirements of this priority. preference points. The consortium the skills of qualified Indian individuals Within this absolute priority, we are agreement, signed by all parties, must be who serve in the education field. particularly interested in applications that submitted with the application in order Activities may include, but are not address the following invitational priority. In to be considered a consortium accordance with 34 CFR 75.105(c)(1), we do application. limited to, continuing programs, not give an application that meets this symposia, workshops, conferences, and invitational priority a competitive or absolute Competitive Preference Priority Two direct financial support. preference over other applications. Priorities: This competition contains We award five points to an two absolute priorities, two competitive Invitational Priority: Applicants are application submitted by a consortium preference priorities, and an invitational invited to submit applications that focus of eligible applicants that includes a priority within Absolute Priority One. In on pre-service training of Indian tribal college or university and that accordance with 34 CFR 75.105(b)(2)(ii), individuals for certification or licensure designates that tribal college or the absolute and competitive preference as secondary school teachers. All other university as the fiscal agent for the priorities are from the regulations for requirements of the absolute priority for application. The consortium application this program (34 CFR 263.5(a), (b), and pre-service teacher training programs of eligible entities must meet the (c)(1) and (2)). described in this notice must be met. requirements of 34 CFR 75.127 through Absolute Priorities: For FY 2007 these You will not receive additional point 75.129 of EDGAR to be eligible to priorities are absolute priorities. Under value because your application receive the five competitive preference 34 CFR 75.105(c)(3) we consider only addresses this invitational priority. points. These points are in addition to applications that meet one or both of the five competitive preference points Absolute Priority Two—Pre-Service that may be awarded under Competitive these priorities. Administrator Training These priorities are: Preference Priority One. The consortium A project that provides— agreement, signed by all parties, must be Absolute Priority One—Pre-Service (1) Support and training to Indian submitted with the application in order Training for Teachers individuals to complete a master’s to be considered a consortium A project that provides support and degree in education administration that application. training to Indian individuals to is provided before the end of the award Note: A consortium application must complete a pre-service education period and that allows participants to include a consortium agreement, signed by program that enables these individuals meet the requirements for State all parties, submitted with the application.

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Letters of support do not meet the education; State educational agencies or telecommunications device for the deaf requirement for a consortium agreement. local educational agencies in a (TDD), you may call (toll free): 1–877– consortium with institutions of higher 576–7734. Note: Tribal colleges and universities are education; Indian tribes or organizations You may also contact ED Pubs at its those Indian institutions of higher education cited in section 532 of the Equity in in consortium with institutions of Web site: http://www.ed.gov/pubs/ Educational Land-Grant Status Act of 1994 (7 higher education; and Bureau of Indian edpubs.html or you may contact ED U.S.C. 301 note), any other institution that Affairs-funded schools. Pubs at its e-mail address: qualifies for funding under the Tribally An application from a consortium of [email protected]. Controlled College or University Assistance eligible entities must meet the You may also obtain the application Act of 1978 (25 U.S.C. 1801 et seq.), or Dine requirements of 34 CFR 75.127 through package electronically by downloading College (formerly Navajo Community 75.129. An application from a it from the following Web site: http:// College), authorized in the Navajo consortium of eligible entities must www.ed.gov/about/offices/list/oese/oie/ Community College Assistance Act of 1978 submit a consortium agreement, signed index.html. (25 U.S.C. 640a et seq.). by all parties, with the application. If you request an application from ED Program Authority: 20 U.S.C. 7442. Letters of support do not meet the Pubs, be sure to identify this requirement for a consortium competition as follows: CFDA number Applicable Regulations: (a) The agreement. 84.299B. Education Department General In order to be considered an eligible Individuals with disabilities may Administrative Regulations (EDGAR) in entity, applicants, including institutions obtain a copy of the application package 34 CFR parts 74, 75, 77, 79, 80, 81, 82, of higher education, must be eligible to in an alternative format (e.g., Braille, 84, 85, 86, 97, 98 and 99. (b) The provide the level and type of degree large print, audiotape, or computer regulations for this program in 34 CFR proposed in the application or must diskette) by contacting the program part 263. apply in a consortium with an contact person listed elsewhere in this Note: The regulations in 34 CFR part 79 institution of higher education that is notice under FOR FURTHER INFORMATION apply to all applicants except federally eligible to grant the target degree. CONTACT. recognized Indian tribes. Applicants applying in a consortium 2. Content and Form of Application with or as an ‘‘Indian organization’’ Submission: Requirements concerning Note: The regulations in 34 CFR part 86 apply to institutions of higher education must demonstrate eligibility by showing the content of an application, together only. how the ‘‘Indian organization’’ meets all with the forms you must submit, are in requirements of 34 CFR 263.3. the application package for this II. Award Information The term ‘‘Indian institution of higher competition. education’’ means an accredited college Page Limit: The application narrative Type of Award: Discretionary grants. or university within the United States (Part III of the application) is where you, Estimated Available Funds: The cited in section 532 of the Equity in the applicant, address the selection Administration has requested Educational Land-Grant Status Act of criteria that reviewers use to evaluate $19,399,000 for this program for FY 1994 (7 U.S.C. 301 note), any other your application. You must limit Part III 2007, of which approximately institution that qualifies for funding to no more than 35 pages, using the $2,901,000 are available for new awards. under the Tribally Controlled College or following standards: The actual level of funding, if any, University Assistance Act of 1978 (25 • A page is 8.5″ x 11″, on one side depends on final Congressional action. U.S.C. 1801 et seq.), and Dine College only, with 1″margins at the top, bottom, However, we are inviting applications to (formerly Navajo Community College), and both sides. allow enough time to complete the grant authorized in the Navajo Community • Double space (no more than three process if Congress appropriates funds College Assistance Act of 1978 (25 lines per vertical inch) all text in the for this program. application narrative, including titles, Estimated Range of Awards: U.S.C. 640a et seq.). We will reject any application that headings, footnotes, quotations, $125,000–$400,000. references, and captions, as well as all Estimated Average Size of Awards: does not meet these requirements. 2. Cost Sharing or Matching: This text in charts, tables, figures, and $322,333. program does not involve cost sharing graphs. Maximum Award: We will reject any • application that proposes a budget or matching. Use a font that is 12 point or larger 3. Other: Projects funded under this exceeding $400,000 for the first, second, in size but no smaller than 10 point. competition should plan to budget for a The page limit does not apply to Part or third 12-month budget periods. The two-day Project Directors’ meeting in I, the cover sheet; Part II, the budget last 12-month budget period of a 48- Washington, DC during each year of the section, including the narrative budget month award will be limited to project period. justification; Part IV, the assurances and induction services only, at a cost not to certifications; or the one-page abstract, exceed $90,000. The Assistant Secretary IV. Application and Submission the resumes, the bibliography, or the may change the maximum amount Information letters of support. However, you must through a notice published in the 1. Address to Request Application include all of the application narrative Federal Register. Package: Applications for grants under Estimated Number of Awards: 9. in Part III. this competition must be submitted The page limit of 35 pages for Part III Note: The Department is not bound by any electronically through the Grants.gov is mandatory. We will reject your estimates in this notice. Apply site (http://www.Grants.gov). application if: Project Period: Up to 48 months. However, if you would like a paper • You apply these standards and copy of the application to review, you exceed the page limit; or III. Eligibility Information may order one from the Education • You apply other standards and 1. Eligible Applicants: Eligible Publications Center (ED Pubs), P.O. Box exceed the equivalent of the page limit. applicants for this program are 1398, Jessup, MD 20794–1398. 3. Submission Dates and Times: institutions of higher education, Telephone (toll free): 1–877–433–7827. Applications Available: February 16, including Indian institutions of higher Fax: (301) 470–1244. If you use a 2007.

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Deadline for Transmittal of We will reject your application if you http://e-Grants.ed.gov/help/ Applications: March 19, 2007. submit it in paper format unless, as GrantsgovSubmissionProcedures.pdf Applications for grants under this described elsewhere in this section, you • To submit your application via competition must be submitted qualify for one of the exceptions to the Grants.gov, you must complete all steps electronically using the Grants.gov electronic submission requirement and in the Grants.gov registration process Apply site (Grants.gov). For information submit, no later than two weeks before (see http://www.grants.gov/applicants/ (including dates and times) about how the application deadline date, a written get_registered.jsp). These steps include to submit your application statement to the Department that you (1) registering your organization, a electronically, or by mail or hand qualify for one of these exceptions. multi-part process that includes delivery if you qualify for an exception Further information regarding registration with the Central Contractor to the electronic submission calculation of the date that is two weeks Registry (CCR); (2) registering yourself requirement, please refer to section IV. before the application deadline date is as an Authorized Organization 6. Other Submission Requirements in provided later in this section under Representative (AOR); and (3) getting this notice. Exception to Electronic Submission authorized as an AOR by your We do not consider an application Requirement. organization. Details on these steps are that does not comply with the deadline You may access the electronic grant outlined in the Grants.gov 3-Step requirements. application for Professional Registration Guide (see http:// Individuals with disabilities who Development at http://www.Grants.gov. www.grants.gov/section910/ need an accommodation or auxiliary aid You must search for the downloadable Grants.govRegistrationBrochure.pdf). in connection with the application application package for this program or You also must provide on your process should contact the person listed competition by the CFDA number. Do application the same D–U–N–S Number under FOR FURTHER INFORMATION not include the CFDA number’s alpha used with this registration. Please note CONTACT. suffix in your search (e.g., search for that the registration process may take Deadline for Intergovernmental 84.326, not 84.326B). five or more business days to complete, Please note the following: Review: May 17, 2007. and you must have completed all • When you enter the Grants.gov site, registration steps to allow you to submit 4. Intergovernmental Review: This you will find information about successfully an application via program is subject to Executive Order submitting an application electronically Grants.gov. In addition you will need to 12372 and the regulations in 34 CFR through the site, as well as the hours of update your CCR registration on an part 79. Information about operation. annual basis. This may take three or Intergovernmental Review of Federal • Applications received by Grants.gov more business days to complete. Programs under Executive Order 12372 are date and time stamped. Your • You will not receive additional is in the application package for this application must be fully uploaded and point value because you submit your program. submitted, and must be date and time application in electronic format, nor 5. Funding Restrictions: Stipends may stamped by the Grants.gov system no will we penalize you if you qualify for be paid only to full-time students. For later than 4:30 p.m., Washington, DC an exception to the electronic the payment of stipends to project time, on the application deadline date. submission requirement, as described participants being trained, the Secretary Except as otherwise noted in this elsewhere in this section, and submit expects to set the stipend maximum at section, we will not consider your your application in paper format. $1,800 per month for full-time students application if it is date and time • You must submit all documents and provide for a $300 allowance per stamped by the Grants.gov system later electronically, including all information month per dependent during an than 4:30 p.m., Washington, DC time, on you typically provide on the following academic term. The terms ‘‘stipend,’’ the application deadline date. When we forms: Application for Federal ‘‘full-time student,’’ and ‘‘dependent retrieve your application from Assistance (SF 424), the Department of allowance’’ are defined in 34 CFR 263.3. Grants.gov, we will notify you if we are Education Supplemental Information for We reference additional regulations rejecting your application because it SF 424, Budget Information—Non- outlining funding restrictions in the was date and time stamped by the Construction Programs (ED 524), and all Applicable Regulations section of this Grants.gov system after 4:30 p.m., necessary assurances and certifications. notice. Washington, DC time, on the Please note that two of these forms—the 6. Other Submission Requirements: application deadline date. SF 424 and the Department of Education Applications for grants under this • The amount of time it can take to Supplemental Information for SF 424— competition must be submitted upload an application will vary have replaced the ED 424 (Application electronically unless you qualify for an depending on a variety of factors for Federal Education Assistance). exception to this requirement in including the size of the application and • You must attach any narrative accordance with the instructions in this the speed of your Internet connection. sections of your application as files in section. Therefore, we strongly recommend that a .DOC (document), .RTF (rich text), or a. Electronic Submission of you do not wait until the application .PDF (Portable Document) format. If you Applications. Applications for grants deadline date to begin the submission upload a file type other than the three under the Professional Development process through Grants.gov. file types specified in this paragraph or program, CFDA Number 84.299B must • You should review and follow the submit a password-protected file, we be submitted electronically using the Education Submission Procedures for will not review that material. Governmentwide Grants.gov Apply site submitting an application through • Your electronic application must at http://www.Grants.gov. Through this Grants.gov that are included in the comply with any page-limit site, you will be able to download a application package for this competition requirements described in this notice. copy of the application package, to ensure that you submit your • After you electronically submit complete it offline, and then upload and application in a timely manner to the your application, you will receive from submit your application. You may not e- Grants.gov system. You can also find the Grants.gov an automatic notification of mail an electronic copy of a grant Education Submission Procedures receipt that contains a Grants.gov application to us. pertaining to Grants.gov at tracking number. (This notification

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indicates receipt by Grants.gov only, not application in paper format, if you are (4) Any other proof of mailing receipt by the Department.) The unable to submit an application through acceptable to the Secretary of the U.S. Department then will retrieve your the Grants.gov system because— Department of Education. application from Grants.gov and send a • You do not have access to the If you mail your application through second notification to you by e-mail. Internet; or the U.S. Postal Service, we do not This second notification indicates that • You do not have the capacity to accept either of the following as proof the Department has received your upload large documents to the of mailing: application and has assigned your Grants.gov system; and (1) A private metered postmark. application a PR/Award number (an ED- • No later than two weeks before the (2) A mail receipt that is not dated by specified identifying number unique to application deadline date (14 calendar the U.S. Postal Service. your application). days or, if the fourteenth calendar day If your application is postmarked after • We may request that you provide us before the application deadline date the application deadline date, we will original signatures on forms at a later falls on a Federal holiday, the next not consider your application. date. business day following the Federal Note: The U.S. Postal Service does not Application Deadline Date Extension holiday), you mail or fax a written uniformly provide a dated postmark. Before in Case of Technical Issues with the statement to the Department, explaining relying on this method, you should check Grants.gov System: If you are which of the two grounds for an with your local post office. experiencing problems submitting your exception prevent you from using the c. Submission of Paper Applications application through Grants.gov, please Internet to submit your application. by Hand Delivery. If you qualify for an contact the Grants.gov Support Desk at If you mail your written statement to exception to the electronic submission 1–800–518–4726. You must obtain a the Department, it must be postmarked requirement, you (or a courier service) Grants.gov Support Desk Case Number no later than two weeks before the may deliver your paper application to and must keep a record of it. application deadline date. If you fax the Department by hand. You must If you are prevented from your written statement to the deliver the original and two copies of electronically submitting your Department, we must receive the faxed your application by hand, on or before application on the application deadline statement no later than two weeks the application deadline date, to the date because of technical problems with before the application deadline date. Department at the following address: the Grants.gov system, we will grant you Address and mail or fax your U.S. Department of Education, an extension until 4:30 p.m., statement to: Lana Shaughnessy, U.S. Application Control Center, Attention: Washington, DC time, the following Department of Education, 400 Maryland (CFDA Number 84.299B), 550 12th business day to enable you to transmit Avenue, SW., room 5C152, Washington, Street, SW., Room 7041, Potomac Center your application electronically or by DC 20202–6335. FAX: (202) 260–4149. Plaza, Washington, DC 20202–4260. hand delivery. You also may mail your Your paper application must be The Application Control Center application by following the mailing submitted in accordance with the mail accepts hand deliveries daily between 8 instructions described elsewhere in this or hand delivery instructions described a.m. and 4:30 p.m., Washington, DC notice. in this notice. time, except Saturdays, Sundays, and If you submit an application after 4:30 b. Submission of Paper Applications Federal holidays. p.m., Washington, DC time, on the by Mail. If you qualify for an exception application deadline date, please to the electronic submission Note for Mail or Hand Delivery of Paper contact the person listed elsewhere in requirement, you may mail (through the Applications: If you mail or hand deliver your application to the Department— this notice under FOR FURTHER U.S. Postal Service or a commercial (1) You must indicate on the envelope INFORMATION CONTACT and provide an carrier) your application to the and—if not provided by the Department—in explanation of the technical problem Department. You must mail the original Item 11 of the SF 424 the CFDA number, you experienced with Grants.gov, along and two copies of your application, on including suffix letter, if any, of the with the Grants.gov Support Desk Case or before the application deadline date, competition under which you are submitting Number. We will accept your to the Department at the applicable your application; and application if we can confirm that a following address: (2) The Application Control Center will technical problem occurred with the By mail through the U.S. Postal mail to you a notification of receipt of your Grants.gov system and that problem Service: U.S. Department of Education, grant application. If you do not receive this notification within 15 business days from the affected your ability to submit your Application Control Center, Attention: application deadline date, you should call application by 4:30 p.m., Washington, (CFDA Number 84.299B), 400 Maryland the U.S. Department of Education DC time, on the application deadline Avenue, SW., Washington, DC 20202– Application Control Center at (202) 245– date. The Department will contact you 4260; or 6288. after a determination is made on By mail through a commercial carrier: whether your application will be U.S. Department of Education, V. Application Review Information accepted. Application Control Center, Stop 4260, Selection Criteria: The selection Note: The extensions to which we refer in Attention: (CFDA Number 84.299B), criteria for this competition are from 34 this section apply only to the unavailability 7100 Old Landover Road, Landover, MD CFR 263.6 and are listed in the of, or technical problems with, the Grants.gov 20785–1506. application package. Regardless of which address you use, system. We will not grant you an extension VI. Award Administration Information if you failed to fully register to submit your you must show proof of mailing application to Grants.gov before the consisting of one of the following: 1. Award Notices: If your application application deadline date and time or if the (1) A legibly dated U.S. Postal Service is successful, we notify your U.S. technical problem you experienced is postmark. Representative and U.S. Senators and unrelated to the Grants.gov system. (2) A legible mail receipt with the send you a Grant Award Notification Exception to Electronic Submission date of mailing stamped by the U.S. (GAN). We may also notify you Requirement: You qualify for an Postal Service. informally. exception to the electronic submission (3) A dated shipping label, invoice, or If your application is not evaluated or requirement, and may submit your receipt from a commercial carrier. not selected for funding, we notify you.

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2. Administrative and National Policy request to the contact person listed in Congress appropriates funds for this Requirements: We identify this section. program. administrative and national policy Estimated Range of Awards: VIII. Other Information requirements in the application package $500,000–$1,000,000. and reference these and other Electronic Access to This Document: Estimated Average Size of Awards: requirements in the Applicable You may view this document, as well as $1,000,000. Regulations section of this notice. all other documents of this Department Estimated Number of Awards: 1–2. We reference the regulations outlining published in the Federal Register, in text or Adobe Portable Document Note: The Department is not bound by any the terms and conditions of an award in estimates in this notice. the Applicable Regulations section of Format (PDF) on the Internet at the this notice and include these and other following site: http://www.ed.gov/news/ Project Period: Up to 36 months. specific conditions in the GAN. The fedregister. Full Text of Announcement GAN also incorporates your approved To use PDF you must have Adobe application as part of your binding Acrobat Reader, which is available free I. Funding Opportunity Description commitments under the grant. at this site. If you have questions about Purpose of Program: The Cooperative 3. Reporting: At the end of your using PDF, call the U.S. Government Civic Education and Economic project period, you must submit a final Printing Office (GPO), toll free, at 1– Education Exchange Program provides performance report, including financial 888–293–6498; or in the Washington, grants to improve the quality of civic information, as directed by the DC, area at (202) 512–1530. education through cooperative civic Secretary. If you receive a multi-year Note: The official version of this document education exchange programs with award, you must submit an annual is the document published in the Federal emerging democracies. performance report that provides the Register. Free Internet access to the official Priority: This competition includes most current performance and financial edition of the Federal Register and the Code one absolute priority and one of Federal Regulations is available on GPO invitational priority. In accordance with expenditure information as specified by Access at: http://www.gpoaccess.gov/nara/ the Secretary in 34 CFR 75.118. index.html. 34 CFR 75.105(b)(2)(iv), the absolute 4. Performance Measures: The priority is from section 2345(c) of the Secretary has established the following Dated: February 13, 2007. Elementary and Secondary Education key performance measures for assessing Raymond Simon, Act of 1965, as amended (20 U.S.C. the effectiveness of the Professional Deputy Secretary of Education. 6715(c)). To be considered for funding, Development program: (1) The each applicant must address the percentage of program participants who [FR Doc. E7–2749 Filed 2–15–07; 8:45 am] absolute priority. The priorities are as receive full State licensure; (2) the BILLING CODE 4000–01–P follows. percentage of program participants who Absolute Priority: For FY 2007, this priority is an absolute priority. Under 34 become teachers in schools with high DEPARTMENT OF EDUCATION concentrations of American Indian and CFR 75.105(c)(3) we consider only Alaska Native students and teach in Office of Safe and Drug-Free Schools; applications that meet this priority. their licensure area; and (3) the Overview Information; Grant This priority is: percentage of program participants who Competition for the Cooperative Civic Each applicant must propose to carry become principals/vice principals/ Education and Economic Education out each of the following activities: school administrators in schools with Exchange Program; Notice Inviting (1) Provide to the participants from high concentrations of American Indian Applications for New Awards for Fiscal eligible countries— and Alaska Native students. Year (FY) 2007 (A) Seminars on the basic principles We encourage applicants to of United States constitutional demonstrate a strong capacity to provide Catalog of Federal Domestic Assistance democracy, including seminars on the reliable data on these measures in their (CFDA) Number: 84.304A. major governmental institutions and systems in the United States, and visits responses to the selection criteria Dates: ‘‘Quality of project services’’ and Applications Available: February 16, to such institutions; ‘‘Quality of the project evaluation.’’ 2007. (B) Visits to school systems, All grantees will be expected to Deadline for Transmittal of institutions of higher education, and submit, as part of their performance Applications: April 2, 2007. nonprofit organizations conducting report, information with respect to these Deadline for Intergovernmental exemplary programs in civics and performance measures. Review: June 1, 2007. government education, in the United States; VII. Agency Contact Eligible Applicants: Organizations in the United States experienced in the (C) Translations and adaptations with For Further Information Contact: Lana development of curricula and programs respect to United States civics and Shaughnessy, U.S. Department of in civic and government education and government education, curricular Education, 400 Maryland Avenue, SW., economic education for students in programs for students and teachers, and room 5C152, Washington, DC 20202– elementary schools and secondary in the case of training programs for 6335. Telephone: (202) 205–2528 or by schools in countries other than the teachers, translations and adaptations e-mail: [email protected]. United States, to carry out civic into forms useful in schools in eligible If you use a telecommunications education activities. countries, and joint research projects in device for the deaf (TDD), you may call Estimated Available Funds: The such areas; and the Federal Relay Service (FRS) at 1– Administration’s budget request for FY (D) Independent research and 800–877–8339. 2007 does not include funds for this evaluation assistance to determine the Individuals with disabilities may program. However, we are inviting effects of the cooperative education obtain this document in an alternative applications to allow enough time to exchange programs on students’ format (e.g., Braille, large print, complete the grant process before the development of the knowledge, skills, audiotape, or computer diskette) on end of the current fiscal year, if and traits of character essential for the

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preservation and improvement of 2007 does not include funds for this Telephone: (202) 205–8061 or by e-mail: constitutional democracy. program. However, we are inviting [email protected]. (2) Provide to the participants from applications to allow enough time to If you use a telecommunications the United States— complete the grant process before the device for the deaf (TDD), you may call (A) Seminars on the histories and end of the current fiscal year, if (toll free): 1–877–576–7734. systems of government of eligible Congress appropriates funds for this Individuals with disabilities may countries; program. obtain a copy of the application package (B) Visits to school systems, Estimated Range of Awards: in an alternative format (e.g., Braille, institutions of higher education, and $500,000–$1,000,000. large print, audiotape, or computer organizations conducting exemplary Estimated Average Size of Awards: diskette) by contacting the program programs in civics and government $1,000,000. person listed in this section of the education, located in eligible countries; Estimated Number of Awards: 1–2. notice. (C) Assistance from educators and 2. Content and Form of Application scholars in eligible countries in the Note: The Department is not bound by any estimates in this notice. Submission: Requirements concerning development of curricular materials on the content of an application, together the history and government of such Project Period: Up to 36 months. with the forms you must submit, are in countries that are useful in United III. Eligibility Information the application package for the States classrooms; Cooperative Civic Education and (D) Opportunities to provide onsite 1. Eligible Applicants: Organizations Economic Education Exchange Program demonstrations of United States in the United States experienced in the competition. curricula and pedagogy for educational development of curricula and programs Page Limit: The program narrative leaders in eligible countries; and in civics and government education and section should not exceed 25 double- (E) Independent research and economic education for students in spaced pages using standard font not evaluation assistance to determine the elementary schools and secondary smaller than 12-point, with 1-inch effects of the cooperative education schools in countries other than the margins (top, bottom, left, and right). exchange programs assisted through this United States. The narrative should follow the format grant on students’ development of the 2. Eligible Country: For the purpose of and sequence of the selection criteria. knowledge, skills, and traits of character this grant competition, the term eligible 3. Submission Dates and Times: essential for the preservation and country means a Central European Applications Available: February 16, improvement of constitutional country, an Eastern European country, 2007. democracy. Lithuania, Latvia, Estonia, the Deadline for Transmittal of (3) Assist participants from eligible independent states of the former Soviet Applications: April 2, 2007. countries and the United States to Union as defined in section 3 of the Applications for grants under this participate in international conferences FREEDOM Support Act (22 U.S.C. competition may be submitted on civics and government education for 5801), the Republic of Ireland, the electronically using the Grants.gov educational leaders, teacher trainers, province of Northern Ireland in the application site, or in paper format by scholars in related disciplines, and United Kingdom, and any developing mail or hand delivery. For information educational policymakers. country (as such term is defined in about how to submit your application Invitational Priority: Under 34 CFR section 209(d) of the Education for the electronically, or by mail, or by hand 75.105(c)(1) we do not give an Deaf Act, 20 U.S.C. 4359a(d)) if the delivery, please refer to section 6. Other application that meets this invitational Secretary, with the concurrence of the Submission Requirements in this notice. priority a competitive or absolute Secretary of State, determines that such Individuals with disabilities who preference over other applications. developing country has a democratic need an accommodation or auxiliary aid form of government. A list of the Invitational Priority—Performance Data in connection with the application countries is included in the application process should contact the person listed The Secretary is particularly package. under FOR FURTHER INFORMATION interested in projects that use pre- and 3. Cost Sharing or Matching: This CONTACT in Section VII of this notice. post-intervention testing, or more program does not involve cost sharing We do not consider an application rigorous methods, to measure the effects or matching. that does not comply with the deadline of the Cooperative Civic Education and 4. Other: Primary participants in the requirements. Economic Education Exchange Program cooperative education exchange Deadline for Intergovernmental on the knowledge and skills of students programs assisted through this grant Review: June 1, 2007. and the classroom practice(s) of shall be educational leaders in the areas 4. Intergovernmental Review: This participating teachers. of civics and government education, Cooperative Civic Education and Program Authority: 20 U.S.C. 6711–6716. including teachers, curriculum and Economic Education Exchange Program teacher training specialists, scholars in competition is subject to Executive Applicable Regulations: The relevant disciplines, educational Order 12372 and the regulations in 34 Education Department General policymakers, and government and CFR part 79. Information about Administrative Regulations (EDGAR) in private sector leaders from the United Intergovernmental Review of Federal 34 CFR parts 74, 75, 77, 79, 80, 81, 82, States and eligible countries. Programs under Executive Order 12372 84, 85, 86, 97, 98, and 99. is in the application package for this IV. Application and Submission Note: The regulations in 34 CFR part 86 competition. apply to institutions of higher education Information 5. Funding Restrictions: We reference only. 1. Address To Request Application applicable regulations that address Package: To request an application and funding restrictions in the Applicable II. Award Information further information contact Rita Foy Regulations section of this notice. Type of Award: Discretionary grants. Moss, U.S. Department of Education, 6. Other Submission Requirements: Estimated Available Funds: The 400 Maryland Avenue, SW., room Applications for grants under this Administration’s budget request for FY 3E247, Washington, DC 20202, competition may be submitted

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electronically or in paper format by mail deadline date to begin the submission format. If you upload a file type other or hand delivery. process through Grants.gov. than the three file types specified in this a. Electronic Submission of • You should review and follow the paragraph or submit a password- Applications. To comply with the Education Submission Procedures for protected file, we will not review that President’s Management Agenda, we are submitting an application through material. participating as a partner in the Grants.gov that are included in the • Your electronic application must Government-wide Grants.gov Apply application package for this competition comply with any page-limit site. The Grant Competition for the to ensure that you submit your requirements described in this notice. Cooperative Civic Education and application in a timely manner to the • After you electronically submit Economic Education Exchange Program, Grants.gov system. You can also find the your application, you will receive from CFDA Number 84.304A, is included in Education Submission Procedures Grants.gov an automatic notification of this project. We request your pertaining to Grants.gov at http://e- receipt that contains a Grants.gov participation in Grants.gov. Grants.ed.gov/help/ tracking number. (This notification If you choose to submit your GrantsgovSubmissionProcedures.pdf. indicates receipt by Grants.gov only, not application electronically, you must use • To submit your application via receipt by the Department.) The the Government-wide Grants.gov Apply Grants.gov, you must complete all steps Department then will retrieve your site at http://www.Grants.gov. Through in the Grants.gov registration process application from Grants.gov and send a this site, you will be able to download (see http://www.grants.gov/applicants/ second notification to you by e-mail. a copy of the application package, get_registered.jsp). These steps include This second notification indicates that complete it offline, and then upload and (1) registering your organization, a the Department has received your submit your application. You may not e- multi-part process that includes application and has assigned your mail an electronic copy of a grant registration with the Central Contractor application a PR/Award number (an ED- application to us. Registry (CCR); (2) registering yourself specified identifying number unique to You may access the electronic grant as an Authorized Organization your application). application for the Grant Competition Representative (AOR); and (3) getting • We may request that you provide us for the Cooperative Civic Education and authorized as an AOR by your original signatures on forms at a later Economic Education Exchange Program organization. Details on these steps are date. at http://www.Grants.gov. You must outlined in the Grants.gov 3-Step Application Deadline Date Extension search for the downloadable application Registration Guide (see http:// in Case of Technical Issues with the package for this competition by the www.grants.gov/section910/ Grants.gov System: If you are CFDA number. Do not include the Grants.govRegistrationBrochure.pdf). experiencing problems submitting your CFDA number’s alpha suffix in your You also must provide on your application through Grants.gov, please search (e.g., search for 84.304, not application the same D–U–N–S Number contact the Grants.gov Support Desk at 84.304A). used with this registration. Please note 1–800–518–4726. You must obtain a Please note the following: that the registration process may take Grants.gov Support Desk Case Number • Your participation in Grants.gov is five or more business days to complete, and must keep a record of it. voluntary. and you must have completed all If you are prevented from • When you enter the Grants.gov site, registration steps to allow you to submit electronically submitting your you will find information about successfully an application via application on the application deadline submitting an application electronically Grants.gov. In addition you will need to date because of technical problems with through the site, as well as the hours of update your CCR registration on an the Grants.gov system, we will grant you operation. annual basis. This may take three or an extension until 4:30 p.m., • Applications received by Grants.gov more business days to complete. Washington, DC time, the following are date and time stamped. Your • You will not receive additional business day to enable you to transmit application must be fully uploaded and point value because you submit your your application electronically or by submitted and must be date and time application in electronic format, nor hand delivery. You also may mail your stamped by the Grants.gov system no will we penalize you if you submit your application by following the mailing later than 4:30 p.m., Washington, DC application in paper format. instructions described elsewhere in this time, on the application deadline date. • If you submit your application notice. Except as otherwise noted in this electronically, you must submit all If you submit an application after 4:30 section, we will not consider your documents electronically, including all p.m., Washington, DC time, on the application if it is date and time information you typically provide on application deadline date, please stamped by the Grants.gov system later the following forms: Application for contact the person listed elsewhere in than 4:30 p.m., Washington, DC time, on Federal Assistance (SF 424), the this notice under FOR FURTHER the application deadline date. When we Department of Education Supplemental INFORMATION CONTACT and provide an retrieve your application from Information for SF 424, Budget explanation of the technical problem Grants.gov, we will notify you if we are Information—Non-Construction you experienced with Grants.gov, along rejecting your application because it Programs (ED 524), and all necessary with the Grants.gov Support Desk Case was date and time stamped by the assurances and certifications. Please Number. We will accept your Grants.gov system after 4:30 p.m., note that two of these forms—the SF 424 application if we can confirm that a Washington, DC time, on the and the Department of Education technical problem occurred with the application deadline date. Supplemental Information for SF 424— Grants.gov system and that that problem • The amount of time it can take to have replaced the ED 424 (Application affected your ability to submit your upload an application will vary for Federal Education Assistance). application by 4:30 p.m., Washington, depending on a variety of factors, • If you submit your application DC time, on the application deadline including the size of the application and electronically, you must attach any date. The Department will contact you the speed of your Internet connection. narrative sections of your application as after a determination is made on Therefore, we strongly recommend that files in a .DOC (document), .RTF (rich whether your application will be you do not wait until the application text), or .PDF (Portable Document) accepted.

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Note: The extensions to which we refer in The Application Control Center provide independent research and this section apply only to the unavailability accepts hand deliveries daily between 8 evaluation assistance to determine the of, or technical problems with, the Grants.gov a.m. and 4:30 p.m., Washington, DC effects of [the cooperative civic system. We will not grant you an extension if you failed to fully register to submit your time, except Saturdays, Sundays, and education and economic education application to Grants.gov before the Federal holidays. exchange program] on students’ application deadline date and time or if the Note for Mail or Hand Delivery of Paper development of the knowledge, skills, technical problem you experienced is Applications: If you mail or hand deliver and traits of character essential for the unrelated to the Grants.gov system. your application to the Department— preservation and improvement of b. Submission of Paper Applications (1) You must indicate on the envelope constitutional democracy. In addition, by Mail. If you submit your application and—if not provided by the Department—in funded applicants responding to the Item 11 of the SF 424 the CFDA number, in paper format by mail (through the Invitational Priority should collect and including suffix letter, if any, of the submit data on the effects of the U.S. Postal Service or a commercial competition under which you are submitting carrier), you must mail the original and your application; and program on the knowledge and skills of two copies of your application, on or (2) The Application Control Center will students, and the classroom practice(s) before the application deadline date, to mail to you a notification of receipt of your of participating teachers. the Department at the applicable grant application. If you do not receive this VII. Agency Contact following address: notification within 15 business days from the By mail through the U.S. Postal application deadline date, you should call For Further Information Contact: Rita Service: U.S. Department of Education, the U.S. Department of Education Foy Moss, U.S. Department of Application Control Center, Attention: Application Control Center at (202) 245– Education, 400 Maryland Avenue, SW., 6288. (CFDA Number 84.304A), 400 Maryland room 3E247, Washington, DC 20202. Avenue, SW., Washington, DC 20202– V. Application Review Information Telephone: (202) 205–8061 or by e-mail: 4260; or [email protected]. By mail through a commercial carrier: 1. Selection Criteria: The selection If you use a telecommunications U.S. Department of Education, criteria for this program are from 34 CFR device for the deaf (TDD), you may call Application Control Center, Stop 4260, part 75.210 EDGAR and are listed in the the Federal Relay Service (FRS) at 1– Attention: (CFDA Number 84.304A), application package. 800–877–8339. 7100 Old Landover Road, Landover, MD VI. Award Administration Information Individuals with disabilities may 20785–1506. 1. Award Notices: If your application obtain this document in an alternative Regardless of which address you use, format (e.g., Braille, large print, you must show proof of mailing is successful, we notify your U.S. Representative and U.S. Senators and audiotape, or computer diskette) on consisting of one of the following: request to the contact person listed in (1) A legibly dated U.S. Postal Service send you a Grant Award Notification this section. postmark. (GAN). We may also notify you (2) A legible mail receipt with the informally. VIII. Other Information date of mailing stamped by the U.S. If your application is not evaluated or Postal Service. not selected for funding, we notify you. Electronic Access to This Document: (3) A dated shipping label, invoice, or 2. Administrative and National Policy You may view this document, as well as receipt from a commercial carrier. Requirements: We identify all other documents of this Department (4) Any other proof of mailing administrative and national policy published in the Federal Register, in acceptable to the Secretary of the U.S. requirements in the application package text or Adobe Portable Document Department of Education. and reference these and other Format (PDF) on the Internet at the If you mail your application through requirements in the Applicable following site: www.ed.gov/news/ the U.S. Postal Service, we do not Regulations section of this notice. fedregister. accept either of the following as proof We reference the regulations outlining To use PDF you must have Adobe of mailing: the terms and conditions of an award in Acrobat Reader, which is available free (1) A private metered postmark. the Applicable Regulations section of at this site. If you have questions about (2) A mail receipt that is not dated by this notice and include these and other using PDF, call the U.S. Government the U.S. Postal Service. specific conditions in the GAN. The Printing Office (GPO), toll free, at 1– If your application is postmarked after GAN also incorporates your approved 888–293–6498; or in the Washington, the application deadline date, we will application as part of your binding DC, area at (202) 512–1530. not consider your application. commitments under the grant. You may also view this document in Note: The U.S. Postal Service does not 3. Reporting: At the end of your text or PDF at the following site: uniformly provide a dated postmark. Before project period, you must submit a final http://www.ed.gov/programs/ relying on this method, you should check performance report, including financial coopedexchange/index.html. with your local post office. information, as directed by the Note: The official version of this document c. Submission of Paper Applications Secretary. If you receive a multi-year is the document published in the Federal by Hand Delivery. If you submit your award, you must submit an annual Register. Free Internet access to the official application in paper format by hand performance report that provides the edition of the Federal Register and the Code delivery, you (or a courier service) must most current performance and financial of Federal Regulations is available on GPO deliver the original and two copies of expenditure information as specified by Access at: http://www.gpoaccess.gov/nara/ your application by hand, on or before the Secretary in 34 CFR 75.118. We also index.html. the application deadline date, to the may require more frequent performance Department at the following address: reports in accordance with 34 CFR Dated: February 9, 2007. U.S. Department of Education, 75.720(c). Deborah A. Price, Application Control Center, Attention: 4. Performance Measure: If funded, Assistant Deputy Secretary for Safe and Drug- (CFDA Number 84.304A), 550 12th applicants will be expected to collect Free Schools. Street, SW., Room 7041, Potomac Center and report information pursuant to the [FR Doc. E7–2748 Filed 2–15–07; 8:45 am] Plaza, Washington, DC 20202–4260. statutory requirement that all grantees BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY Minutes will also be available by 11:15 a.m. Roundtable Discussion. writing to Kelly Snyder at the address 11:45 a.m. Public Comment Period. Environmental Management Site- listed above. 12 p.m. Lunch Break. Specific Advisory Board, Nevada Issued at Washington, DC on February 13, 1 p.m. Employee Recruitment and 2007. Retention Presentation. AGENCY: Department of Energy. 1:30 p.m. Roundtable Discussion. Rachel Samuel, ACTION: Notice of open meeting. 1:45 p.m. EM Communications Deputy Advisory Committee Management Working Group Overview. SUMMARY: Officer. This notice announces a 2 p.m. Roundtable Discussion. meeting of the Environmental [FR Doc. E7–2760 Filed 2–15–07; 8:45 am] 2:15 p.m. Technical Uncertainty and Management Site-Specific Advisory BILLING CODE 6450–01–P Risk Reduction Presentation. Board (EM SSAB), Nevada Test Site. 2:45 p.m. Roundtable Discussion. The Federal Advisory Committee Act 3 p.m. Break. (Pub. L. No. 92–463, 86 Stat. 770) DEPARTMENT OF ENERGY 3:15 p.m. Discretionary Budgeting and requires that public notice of this Integrated Priority Lists and Environmental Management Advisory meeting be announced in the Federal Earmarks Presentation. Board Meeting Register. 3:45 p.m. Roundtable Discussion. DATES: Wednesday, March 14, 2007, 5 AGENCY: Department of Energy. 4 p.m. Recommendations from EMAB, p.m. ACTION: Notice of open meeting. NAPA, and the EM Focus Area Working Group and ADDRESSES: 7710 West Cheyenne SUMMARY: This notice announces a Implementation Strategy Overview. Avenue, Conference Room # 130, Las meeting of the Environmental 4:30 p.m. Roundtable Discussion. Vegas, Nevada. Management Advisory Board (EMAB). 4:45 p.m. Public Comment Period. FOR FURTHER INFORMATION CONTACT: The Federal Advisory Committee Act 5 p.m. Adjournment. Kelly Snyder, Deputy Designated (Pub. L. 92–463, 86 Stat. 770) requires Wednesday, March 7, 2007 Federal Officer, P.O. Box 98518, Las that public notice of this meeting be Vegas, Nevada 89193. Phone: (702) 295– announced in the Federal Register. 9 a.m. Opening Remarks. 2836; E-mail: [email protected]. DATES: Tuesday, March 6, 2007, 9 a.m.– 9:05 a.m. Oak Ridge Site Specific SUPPLEMENTARY INFORMATION: Purpose of 5 p.m.; Wednesday, March 7, 2007, 9 Advisory Board Presentation. the Board: The purpose of the Board is a.m.–12 p.m. 9:35 a.m. Board Business. • Approval of August Meeting to make recommendations to DOE in the ADDRESSES: The Knoxville Marriott, 500 Minutes. areas of environmental restoration, Hill Avenue SE., Knoxville, Tennessee waste management, and related • Action Items. 37915. • activities. New Business. FOR FURTHER INFORMATION CONTACT: • Roundtable Discussion. Tentative Agenda Terri Lamb, Executive Director of the • Set Date for Next Meeting. 1. Briefing entitled ‘‘Radiation 101’’ Environmental Management Advisory 11:30 a.m. Public Comment Period. 2. Discussion of upcoming SSAB Board (EM–13), U.S. Department of 12 p.m. Adjournment. Chairs Meeting Energy, 1000 Independence Avenue, Public Participation: The meeting is 3. Updates by the Board’s working SW., Washington, DC 20585. Phone open to the public. Written statements committees (202) 586–9007; fax (202) 586–0293 or e- may be filed with the Board either Public Participation: The meeting is mail: [email protected]. before or after the meeting. Individuals open to the public. Written statements SUPPLEMENTARY INFORMATION: who wish to make oral statements may be filed with the Board either Purpose of the Board: The purpose of pertaining to agenda items should before or after the meeting. Individuals the Board is to provide the Assistant contact Terri Lamb at the address or who wish to make oral presentations Secretary for Environmental telephone number above. Requests must pertaining to agenda items should Management with advice and be received five days prior to the contact Kelly Snyder at the telephone recommendations on corporate issues meeting and reasonable provision will number listed above. The request must confronting the Environmental be made to include the presentation in be received five days prior to the Management Program. The Board will the agenda. Those who call in and meeting and reasonable provision will contribute to the effective operation of register in advance will be given the be made to include the presentation in the Environmental Management opportunity to speak first. Others will the agenda. The Deputy Designated Program by providing individual be accommodated as time permits. The Federal Officer is empowered to citizens and representatives of Board Chair is empowered to conduct conduct the meeting in a fashion that interested groups an opportunity to the meeting in a fashion that will will facilitate the orderly conduct of present their views on issues facing the facilitate the orderly conduct of business. Individuals wishing to make Office of Environmental Management business. Individuals wishing to make public comment will be provided a and by helping to secure consensus public comment will be provided a maximum of five minutes to present recommendations on those issues. maximum of five minutes to present their comments. Tentative Agenda their comments. Minutes: The minutes of this meeting Minutes: The minutes of the meeting will be available for public review and Tuesday, March 6, 2007 will be available at http:// copying at the U.S. Department of 9 a.m. Welcome. www.em.doe.gov/stakepages/ Energy’s Freedom of Information Public 9:15 a.m. Opening Remarks. emabmeetings.aspx and for viewing and Reading Room, 1E–190, Forrestal 10 a.m. Oak Ridge Office Presentation. copying at the U.S. Department of Building, 1000 Independence Avenue, 10:30 a.m. Break. Energy Freedom of Information Public SW, Washington, DC 20585 between 9 10:45 a.m. Small Business, Reading Room, 1E–190, Forrestal a.m. and 4 p.m., Monday through Acquisition, and Project Building, 1000 Independence Avenue, Friday, except Federal holidays. Management Update. SW., Washington, DC 20585 between 9

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a.m. and 4 p.m., Monday—Friday Online service, please email of the protest or intervention to the except Federal holidays. Minutes will [email protected], or call Federal Energy Regulatory Commission, also be available by calling Terri Lamb (866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC at (202) 586–9007. (202) 502–8659. 20426. Issued at Washington, DC on February 13, Comment Date: 5 pm Eastern Time on This filing is accessible on-line at 2007. February 23, 2007. http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for Rachel M. Samuel, Magalie R. Salas, review in the Commission’s Public Deputy Advisory Committee Management Secretary. Officer. Reference Room in Washington, DC. [FR Doc. E7–2697 Filed 2–15–07; 8:45 am] There is an ‘‘eSubscription’’ link on the [FR Doc. E7–2763 Filed 2–15–07; 8:45 am] BILLING CODE 6717–01–P Web site that enables subscribers to BILLING CODE 6450–01–P receive email notification when a document is added to a subscribed DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY docket(s). For assistance with any FERC Federal Energy Regulatory Online service, please email Federal Energy Regulatory Commission [email protected], or call Commission (866) 208–3676 (toll free). For TTY, call [Docket No. RP96–200–167] (202) 502–8659. [Docket No. CP07–21–001] CenterPoint Energy Gas Transmission Magalie R. Salas, Algonquin Gas Transmission, LLC; Company; Notice of Negotiated Rate Secretary. Notice of Compliance Filing Filing [FR Doc. E7–2693 Filed 2–15–07; 8:45 am] BILLING CODE 6717–01–P February 9, 2007. February 9, 2007. Take notice that on February 6, 2007, Take notice that on February 5, 2007, Algonquin Gas Transmission, LLC CenterPoint Energy Gas Transmission DEPARTMENT OF ENERGY (Algonquin) tendered for filing a Company (CEGT) tendered for filing and compliance filing pursuant to approval a negotiated rate agreement Federal Energy Regulatory Commission’s January 24, 2007 order, in between CEGT and Roll Coater Inc. Commission Docket No. CP07–21–000. CEGT has entered into an agreement to [Docket No. RP07–166–000] Algonquin states that copies of the provide firm transportation service to filing have been served upon all affected this shipper under Rate Schedule FT El Paso Natural Gas Company; Notice customers of Algonquin and interested and requests the Commission accept of Tariff Filing state commissions and all parties on the and approve the transaction under official service list in the above- which transportation service will February 9, 2007. captioned proceeding. commence upon the later of May 1, Take notice that on February 5, 2007, Any person desiring to protest this 2007, or the ‘‘in-service’’ date following El Paso Natural Gas Company (EPNG) filing must file in accordance with Rule completion of necessary delivery tendered for filing as part of its FERC 211 of the Commission’s Rules of facilities. Gas Tariff, Second Revised Volume No. Practice and Procedure (18 CFR Any person desiring to intervene or to 1–A, Thirty-Second Revised Sheet No. 385.211). Protests to this filing will be protest this filing must file in 1, to become effective March 1, 2007. considered by the Commission in accordance with Rules 211 and 214 of Any person desiring to intervene or to determining the appropriate action to be the Commission’s Rules of Practice and protest this filing must file in taken, but will not serve to make Procedure (18 CFR 385.211 and accordance with Rules 211 and 214 of protestants parties to the proceeding. 385.214). Protests will be considered by the Commission’s Rules of Practice and Such protests must be filed on or before the Commission in determining the Procedure (18 CFR 385.211 and the date as indicated below. Anyone appropriate action to be taken, but will 385.214). Protests will be considered by filing a protest must serve a copy of that not serve to make protestants parties to the Commission in determining the document on all the parties to the the proceeding. Any person wishing to appropriate action to be taken, but will proceeding. become a party must file a notice of not serve to make protestants parties to The Commission encourages intervention or motion to intervene, as the proceeding. Any person wishing to electronic submission of protests in lieu appropriate. Such notices, motions, or become a party must file a notice of of paper using the ‘‘eFiling’’ link at protests must be filed in accordance intervention or motion to intervene, as http://www.ferc.gov. Persons unable to with the provisions of Section 154.210 appropriate. Such notices, motions, or file electronically should submit an of the Commission’s regulations (18 CFR protests must be filed in accordance original and 14 copies of the protest to 154.210). Anyone filing an intervention with the provisions of Section 154.210 the Federal Energy Regulatory or protest must serve a copy of that of the Commission’s regulations (18 CFR Commission, 888 First Street, NE., document on the Applicant. Anyone 154.210). Anyone filing an intervention Washington, DC 20426. filing an intervention or protest on or or protest must serve a copy of that This filing is accessible on-line at before the intervention or protest date document on the Applicant. Anyone http://www.ferc.gov, using the need not serve motions to intervene or filing an intervention or protest on or ‘‘eLibrary’’ link and is available for protests on persons other than the before the intervention or protest date review in the Commission’s Public Applicant. need not serve motions to intervene or Reference Room in Washington, DC. The Commission encourages protests on persons other than the There is an ‘‘eSubscription’’ link on the electronic submission of protests and Applicant. Web site that enables subscribers to interventions in lieu of paper using the The Commission encourages receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. electronic submission of protests and document is added to a subscribed Persons unable to file electronically interventions in lieu of paper using the docket(s). For assistance with any FERC should submit an original and 14 copies ‘‘eFiling’’ link at http://www.ferc.gov.

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Persons unable to file electronically The Commission encourages of paper using the ‘‘eFiling’’ link at should submit an original and 14 copies electronic submission of protests and http://www.ferc.gov. Persons unable to of the protest or intervention to the interventions in lieu of paper using the file electronically should submit an Federal Energy Regulatory Commission, ‘‘eFiling’’ link at http://www.ferc.gov. original and 14 copies of the protest to 888 First Street, NE., Washington, DC Persons unable to file electronically the Federal Energy Regulatory 20426. should submit an original and 14 copies Commission, 888 First Street, NE., This filing is accessible on-line at of the protest or intervention to the Washington, DC 20426. http://www.ferc.gov, using the Federal Energy Regulatory Commission, This filing is accessible on-line at ‘‘eLibrary’’ link and is available for 888 First Street, NE., Washington, DC http://www.ferc.gov, using the review in the Commission’s Public 20426. ‘‘eLibrary’’ link and is available for Reference Room in Washington, DC. This filing is accessible on-line at review in the Commission’s Public There is an ‘‘eSubscription’’ link on the http://www.ferc.gov, using the Reference Room in Washington, DC. Web site that enables subscribers to ‘‘eLibrary’’ link and is available for There is an ‘‘eSubscription’’ link on the receive email notification when a review in the Commission’s Public Web site that enables subscribers to document is added to a subscribed Reference Room in Washington, DC. receive email notification when a docket(s). For assistance with any FERC There is an ‘‘eSubscription’’ link on the document is added to a subscribed Online service, please e-mail Web site that enables subscribers to docket(s). For assistance with any FERC [email protected], or call receive e-mail notification when a Online service, please email (866) 208–3676 (toll free). For TTY, call document is added to a subscribed [email protected], or call (202) 502–8659. docket(s). For assistance with any FERC (866) 208–3676 (toll free). For TTY, call Online service, please e-mail (202) 502–8659. Magalie R. Salas, [email protected], or call Comment Date: 5 pm Eastern Time on Secretary. (866) 208–3676 (toll free). For TTY, call February 23, 2007. [FR Doc. E7–2704 Filed 2–15–07; 8:45 am] (202) 502–8659. Magalie R. Salas, BILLING CODE 6717–01–P Magalie R. Salas, Secretary. Secretary. [FR Doc. E7–2696 Filed 2–15–07; 8:45 am] DEPARTMENT OF ENERGY [FR Doc. E7–2705 Filed 2–15–07; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P Federal Energy Regulatory Commission DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY [Docket No. RP07–167–000] Federal Energy Regulatory Federal Energy Regulatory Commission Petal Gas Storage, L.L.C.; Notice of Commission [Docket No. CP06–19–001] Tariff Filing [Docket No. CP07–20–001] Windy Hill Gas Storage, LLC; Notice of February 9, 2007. Texas Eastern Transmission, LP; Application for Amendment of Take notice that on February 6, 2007, Notice of Compliance Filing Certificate of Public Convenience and Petal Gas Storage, L.L.C. (Petal) Necessity tendered for filing as part of its FERC February 9, 2007. Gas Tariff, Original Volume No. 1, Take notice that on February 6, 2007, February 9, 2007. Original Sheet No. 100A and Second Texas Eastern Transmission, LP (Texas Take notice that on January 30, 2007, Revised Sheet No. 140, to become Eastern) tendered for filing a Windy Hill Gas Storage, LLC (Windy effective March 6, 2007. compliance filing pursuant to Hill) tendered for filing an application Any person desiring to intervene or to Commission’s January 24, 2007 order, in under Section 7 of the Natural Gas Act protest this filing must file in Docket No. CP07–20–000. for an order amending the certificate of accordance with Rules 211 and 214 of Texas Eastern states that copies of the public convenience and necessity the Commission’s Rules of Practice and filing have been served upon all affected issued in Docket No. CP06–19–000 to Procedure (18 CFR 385.211 and customers of Texas Eastern and authorize Windy Hill to replace its pro 385.214). Protests will be considered by interested state commissions and all forma FERC Gas Tariff with a new pro the Commission in determining the parties on the official service list in the forma tariff. appropriate action to be taken, but will above-captioned proceeding. Any person desiring to protest this not serve to make protestants parties to Any person desiring to protest this filing must file in accordance with Rule the proceeding. Any person wishing to filing must file in accordance with Rule 211 of the Commission’s Rules of become a party must file a notice of 211 of the Commission’s Rules of Practice and Procedure (18 CFR intervention or motion to intervene, as Practice and Procedure (18 CFR 385.211). Protests to this filing will be appropriate. Such notices, motions, or 385.211). Protests to this filing will be considered by the Commission in protests must be filed in accordance considered by the Commission in determining the appropriate action to be with the provisions of Section 154.210 determining the appropriate action to be taken, but will not serve to make of the Commission’s regulations (18 CFR taken, but will not serve to make protestants parties to the proceeding. 154.210). Anyone filing an intervention protestants parties to the proceeding. Such protests must be filed on or before or protest must serve a copy of that Such protests must be filed on or before the date as indicated below. Anyone document on the Applicant. Anyone the date as indicated below. Anyone filing a protest must serve a copy of that filing an intervention or protest on or filing a protest must serve a copy of that document on all the parties to the before the intervention or protest date document on all the parties to the proceeding. need not serve motions to intervene or proceeding. The Commission encourages protests on persons other than the The Commission encourages electronic submission of protests in lieu Applicant. electronic submission of protests in lieu of paper using the ‘‘eFiling’’ link at

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http://www.ferc.gov. Persons unable to various counties and parishes in eastern Junction, Hall Summit, and McComb file electronically should submit an Texas, northern Louisiana, and western Compressor Stations in Panola, County, original and 14 copies of the protest to Mississippi. Texas, Bienville Parish, Louisiana and the Federal Energy Regulatory The Draft EIS was prepared to satisfy Walthall County, Mississippi, Commission, 888 First Street, NE., the requirements of the National respectively; and Washington, DC 20426. Environmental Policy Act. The FERC • Other ancillary facilities including This filing is accessible on-line at staff concludes that the proposed six meter and regulator (M/R) facilities, http://www.ferc.gov, using the Project, with the appropriate mitigation eleven mainline valves, nine side ‘‘eLibrary’’ link and is available for measures as recommended, would have valves, and six pig launcher and/or review in the Commission’s Public limited adverse environmental impact. receiver facilities. Reference Room in Washington, DC. The U.S. Fish and Wildlife Service Project construction would be There is an ‘‘eSubscription’’ link on the (FWS), National Park Service (NPS), initiated in May 2007 and completed by Web site that enables subscribers to U.S. Environmental Protection Agency September 2007, at which point Gulf receive email notification when a (EPA), and the U.S. Army Corps of South would place the proposed Project document is added to a subscribed Engineers (COE) are federal cooperating in-service. docket(s). For assistance with any FERC agencies for the development of this Online service, please email EIS. A federal cooperating agency has Comment Procedures and Public [email protected], or call jurisdiction by law or special expertise Meetings (866) 208–3676 (toll free). For TTY, call with respect to any environmental Any person wishing to comment on (202) 502–8659. impact involved with the proposal and the Draft EIS may do so. To ensure that Comment Date: 5 p.m. Eastern Time is involved in the NEPA analysis. on February 23, 2007. your comments are timely and properly The general purpose of the proposed recorded so that they may be considered Magalie R. Salas, Project is to transport up to 1.7 billion in the Final EIS, please carefully follow Secretary. cubic feet per day of natural gas from these instructions: production fields in eastern Texas to [FR Doc. E7–2694 Filed 2–15–07; 8:45 am] • Send an original and two copies of markets in the Gulf coast, Midwestern, BILLING CODE 6717–01–P your letter to: Magalie R. Salas, Northeastern and Southeastern regions Secretary, Federal Energy Regulatory of the United States. Commission, 888 First St., NE., Room The Draft EIS addresses the potential DEPARTMENT OF ENERGY 1A, Washington, DC 20426. environmental impacts resulting from • Label one copy of your comments to Federal Energy Regulatory the construction and operation of the the attention of Gas Branch 2, DG2E; Commission following facilities: • Approximately 240.0 miles of 42- and Reference Docket No. CP06–446– [Docket No. CP06–446–000] inch-diameter natural gas pipeline 000 on the original and both copies. • Mail your comments so that they Gulf South Pipeline Company, LP; extending easterly from DeSoto Parish, Louisiana to Simpson County, will be received in Washington, DC on Notice of Availability of the Draft or before March 27, 2007. Environmental Impact Statement for Mississippi; • Please note that the Commission the Proposed East Texas to Approximately 3.3 miles of 36-inch- strongly encourages the electronic filing Mississippi Expansion Project diameter natural gas pipeline extending northward from Gulf South’s existing (‘‘eFiling’’) of comments. Instructions on February 9, 2007. Carthage Junction Compressor Station in how to ‘‘eFile’’ comments can be found The staff of the Federal Energy Panola County, Texas to interconnect on the Commission’s Web site at http:// Regulatory Commission (FERC or with existing natural gas facilities www.ferc.gov under the ‘‘Documents Commission) has prepared this Draft within Panola County; and Filings’’ link. Environmental Impact Statement (EIS) • Two new compressor stations, the In lieu of or in addition to sending for the natural gas pipeline facilities Vixen and the Tallulah Compressor written comments, we invite you to proposed by Gulf South Pipeline Stations, located in Ouachita and attend the public comment meetings the Company, LP (Gulf South) under the Madison Parishes, Louisiana, FERC will conduct in the project area to above-referenced docket. Gulf South’s respectively; receive comments on the Draft EIS. All East Texas to Mississippi Expansion • Modifications to three existing meetings will begin at 6 p.m. (CDT), and Project (Project) would be located in compressor stations, the Carthage are scheduled as follows:

Date and time Location

Monday, February 26, 6 p.m...... Minden American Legion Hall, 119 Pine Street, Minden, LA 71055, (318) 371– 3045. Tuesday, February 27, 6 p.m...... Ouachita Parish Public Library—Main Branch, 1800 Stubbs Avenue, Monroe, LA 71201, (318) 327–1490. Thursday, March 1, 6 p.m...... Vicksburg Convention Center, Room 4, 1600 Mulberry Street, Vicksburg, MS 39180, (866) 822–6338.

The public comment meetings will be EIS. Transcripts of the meetings will be FERC staff. The Final EIS will contain posted on the FERC’s calendar located prepared. the staff’s responses to timely comments at http://www.ferc.gov/EventCalendar/ After the comments received are received on the Draft EIS. EventsList.aspx. Interested groups and reviewed, any significant new issues are Comments will be considered by the individuals are encouraged to attend investigated, and modifications are Commission but will not serve to make and present oral comments on the Draft made to the Draft EIS, a Final EIS will the commentor a party to the be published and distributed by the proceeding. Any person seeking to

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become a party to the proceeding must service please go to http://www.ferc.gov/ a number of typically asked questions, file a motion to intervene pursuant to esubscribenow.htm. including the use of eminent domain Rule 214 of the Commission’s Rules of and how to participate in the Magalie R. Salas, Practice and Procedures (18 CFR Commission’s proceedings. Secretary. 385.214). Anyone may intervene in this Summary of the Proposed Project proceeding based on this Draft EIS. You [FR Doc. E7–2695 Filed 2–15–07; 8:45 am] must file your request to intervene as BILLING CODE 6717–01–P DTI seeks authority to install and specified above.1 You do not need operate two new wells, EW–210 and intervenor status to have your EW–326, located in its Ellisburg Storage DEPARTMENT OF ENERGY comments considered. Field. The new wells would replace two The Draft EIS has been placed in the previously abandoned wells, EW–203 Federal Energy Regulatory and EW–313. The previous well public files of the FERC and is available Commission for public inspection at: Federal Energy abandonments were completed under Regulatory Commission, Public [Docket No. CP07–067–000] DTI’s blanket certificate authorization in Reference Room, 888 First Street N.E., Docket No. CP06–419–000. Room 2A, Washington, DC 20426, (202) Dominion Transmission, Inc.; Notice of The new well EW–210 would be Intent To Prepare an Environmental 502–8371. installed approximately 32 feet A limited number of copies of the Assessment for the Proposed northwest of EW–203, and the new EW– Draft EIS are available from the Public Ellisburg Replacement Well Project 326 well would be located Reference Room identified above. In and Request for Comments on approximately 49 feet northeast of EW– addition, CD copies of the Draft EIS Environmental Issues 313. In addition, DTI would connect the new wells to the existing storage have been mailed to affected February 9, 2007. landowners; various Federal, State, and pipeline network by installing The staff of the Federal Energy approximately 230 feet of new well local government agencies; elected Regulatory Commission (FERC or pipeline. The construction and officials; environmental and public Commission) will prepare an operation of the new pipeline would be interest groups; Native American tribes; environmental assessment (EA) that will performed under DTI’s existing blanket local libraries and newspapers; discuss the environmental impacts of certificate authorization in Docket No. intervenors; and other individuals that the Ellisburg Replacement Well Project CP82–537–000. The new wells are expressed an interest in the proposed involving the installation and operation required to maintain the overall Project. Hard-copies of the Draft EIS of two new injection/withdrawal wells deliverability of the Ellisburg Storage have also been mailed to those who by Dominion Transmission, Inc. (DTI) Field. requested that format during the scoping within its Ellisburg Storage Field The general locations of the new wells and comment periods for the proposed located in Potter County, Pennsylvania.1 are shown in Appendix 1.2 Project. This EA will be used by the Additional information about the Commission in its decision-making Land Requirements proposed Project is available from the process to determine whether the Construction of the new wells would Commission’s Office of External Affairs, project is in the public convenience and require about 3.31 acres of land and at 1–866–208–FERC or on the FERC necessity. includes access roads, staging areas and Internet Web site (http://www.ferc.gov). This notice announces the opening of extra work areas. Each well site would To access information via the FERC the public comment period that will be require approximately 1.62 acres. Web site click on the ‘‘eLibrary’’ link used to gather environmental input from Following construction, about 1.26 acres then click on ‘‘General Search’’ and the public and interested agencies on would be permanently maintained. The enter the docket number excluding the the project. Comments are requested by remaining 2.05 acres of land would be last three digits in the Docket Number March 9, 2007. restored and allowed to revert to its field. Be sure you have selected an If you are a landowner receiving this former use. appropriate date range. The ‘‘eLibrary’’ notice, you may be contacted by a link provides access to the texts of company representative about the The EA Process formal documents issued by the acquisition of an easement to construct, The National Environmental Policy Commission, such as orders, notices, operate, and maintain the proposed Act (NEPA) requires the Commission to and rulemakings. For assistance with facilities. The company would seek to take into account the environmental ‘‘eLibrary’’, please contact FERC Online negotiate a mutually acceptable impacts that could result from an action Support at [email protected] agreement. However, if the project is whenever it considers the issuance of a or toll free at 1–866–208–3676, or for approved by the Commission, that Certificate of Public Convenience and TTY, contact (202) 502–8659. approval conveys with it the right of Necessity. NEPA also requires us to In addition, the Commission now eminent domain. Therefore, if easement discover and address concerns the offers a free service called eSubscription negotiations fail to produce an public may have about proposals. This which allows you to keep track of all agreement, the company could initiate process is referred to as ‘‘scoping’’. The formal issuances and submittals in condemnation proceedings in main goal of the scoping process is to specific dockets. This can reduce the accordance with state law. focus the analysis in the EA on the amount of time you spend researching A brochure prepared by the FERC proceedings by automatically providing entitled ‘‘An Interstate Natural Gas 2 The appendices referenced in this notice are not you with notification of these filings, Facility On My Land? What Do I Need being printed in the Federal Register. Copies of all document summaries and direct links to To Know?’’ is available for viewing on appendices, other than Appendix 2 (map), are these documents. To learn more about the FERC Web site at http:// available on the Commission’s website at the ‘‘eLibrary’’ link or from the Commission’s Public eSubscription and to sign-up for this www.ferc.gov. This fact sheet addresses Reference Room, 888 First Street, NE., Washington, DC 20426, or call (202) 502–8371. For instructions 1 Interventions may also be filed electronically via 1 DTI’s application was filed with the on connecting to eLibrary refer to the last page of the Internet in lieu of paper. See the previous Commission under section 7 of the Natural Gas Act this notice. Copies of the appendices were sent to discussion on filing comments electronically. and Part 157 of the Commission’s regulations. all those receiving this notice in the mail.

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important environmental issues. By this paper and save it to a file on your hard included in Appendix 3. If you do not Notice of Intent, the Commission staff drive. Before you can file comments, return this form, you will be removed requests public comments on the scope you will need to create an account by from our mailing list. of the issues to address in the EA. All clicking on ‘‘Login to File’’ and then Additional Information comments received are considered ‘‘New User Account.’’ You will be asked during the preparation of the EA. State to select the type of filing you are Additional information about the and local government representatives making. This filing is considered a project is available from the are encouraged to notify their ‘‘Comment on Filing.’’ Commission’s Office of External Affairs, constituents of this proposed action and The determination of whether to at 1–866–208–FERC or on the FERC encourage them to comment on their distribute the EA for public comment Internet Web site (http://www.ferc.gov) areas of concern. will be based on the response to this using the eLibrary link. Click on the Our 3 independent analysis of the notice. If you are interested in receiving eLibrary link, click on ‘‘General Search’’ issues will be in the EA. Depending on a copy of the EA, please return the and enter the docket number excluding the comments received during the Information Request form (Appendix 2). the last three digits in the Docket scoping process, the EA may be An effort is being made to send this Number field. Be sure you have selected published and mailed to federal, state notice to all individuals affected by the an appropriate date range. For and local agencies, public interest proposed project. This includes all assistance, please contact FERC Online groups, interested individuals, affected landowners who are potential right-of- Support at [email protected] landowners, newspapers, libraries and way grantors, whose property may be or toll free at 1–866–208–3676, or for the Commission’s official service list for used temporarily for project purposes, TTY, contact (202)502–8659. The this proceeding. A comment period will or who own homes within distances eLibrary link also provides access to the be allotted for review if the EA is defined in the Commission’s regulations texts of formal documents issued by the published. We will consider all of certain aboveground facilities. Commission, such as orders, notices, comments on the EA before we make Becoming an Intervenor and rulemakings. our recommendations to the In addition, the Commission now In addition to involvement in the EA Commission. offers a free service called eSubscription scoping process, you may want to which allows you to keep track of all Public Participation become an official party to the formal issuances and submittals in You can make a difference by proceeding, or ‘‘intervenor’’. To become specific dockets. This can reduce the providing us with your specific an intervenor, you must file a motion to amount of time you spend researching comments or concerns about the project. intervene according to Rule 214 of the proceedings by automatically providing By becoming a commentor, your Commission’s Rules of Practice and you with notification of these filings, concerns will be addressed in the EA Procedure (18 CFR 385.214). Intervenors document summaries and direct links to and considered by the Commission. You have the right to seek rehearing of the the documents. Go to http:// should focus on the potential Commission’s decision. Motions to www.ferc.gov/esubscribenow.htm. environmental effects of the proposal, Intervene should be electronically Finally, public meetings or site visits alternatives to the proposal (including submitted using the Commission’s will be posted on the Commission’s alternative locations), and measures to eFiling system at http://www.ferc.gov. calendar located at http://www.ferc.gov/ avoid or lessen environmental impact. Persons without Internet access should EventCalendar/EventsList.aspx along The more specific your comments, the send an original and 14 copies of their with other related information. more useful they will be. Please motion to the Secretary of the carefully follow the instructions below Commission at the address indicated Magalie R. Salas, to ensure that your comments are previously. Persons filing Motions to Secretary. received in time and properly recorded: Intervene on or before the comment [FR Doc. E7–2698 Filed 2–15–07; 8:45 am] • Send an original and two copies of deadline indicated above must send a BILLING CODE 6717–01–P your letter to: Magalie R. Salas, copy of the motion to the Applicant. All Secretary, Federal Energy Regulatory filings, including late interventions, Commission, 888 First St., NE., Room submitted after the comment deadline DEPARTMENT OF ENERGY 1A, Washington, DC 20426. must be served on the Applicant and all Federal Energy Regulatory • Label one copy of the comments for other intervenors identified on the Commission the attention of Gas Branch 3. Commission’s service list for this • Reference Docket No. CP07–067– proceeding. Persons on the service list [Project No. 12769–000] 000. with email addresses may be served • Mail your comments so that they electronically; others must be served a Ice House Partners, Inc.; Notice of will be received in Washington, DC on hard copy of the filing. Application Tendered for Filing With or before March 9, 2007. Affected landowners and parties with the Commission, Soliciting Additional The Commission strongly encourages environmental concerns may be granted Study Requests, and Establishing electronic filing of comments. Please intervenor status upon showing good Procedual Schedule for Licensing and refer to 18 Code of Federal Regulations cause by stating that they have a clear Deadline for Submission of Final (CFR) 385.2001(a)(1)(iii) and the and direct interest in this proceeding Amendments instructions on the Commission’s Web which would not be adequately February 9, 2007. site at http://www.ferc.gov under the ‘‘e- represented by any other parties. You do Filing’’ link and the link to the User’s not need intervenor status to have your Take notice that the following Guide. Prepare your submission in the environmental comments considered. hydroelectric application has been filed same manner as you would if filing on with the Commission and is available Environmental Mailing List for public inspection. 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the If you wish to remain on our a. Type of Application: Exemption environmental staff of the Office of Energy Projects environmental mailing list, please From Licensing (OEP). return the Information Request form b. Project No.: P–12769–000

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c. Date Filed: January 22, 2007 (http://www.ferc.gov) under the Issue Scoping Document—May 2007. d. Applicant: Ice House Partners, Inc. ‘‘eFiling’’ link. Notice of application is ready for e. Name of Project: Ice House Power m. This application is not ready for environmental analysis—July 2007. Project environmental analysis at this time. Notice of the availability of the EA— November 2007. f. Location: On the Nashua River in n. Description of Project: The Ice the Town of Ayer, Middlesex County, House Power Project would consist of Final amendments to the application Massachusetts. The project does not the existing facilities: (1) The 300-foot- must be filed with the Commission no utilize lands of the United States. long, 10-foot-high Ice House Dam later than 30 days from the issuance g. Filed Pursuant to: Public Utilities consisting of a 210-foot-long spillway date of the notice of ready for Regulatory Policies Act of 1978, 16 topped with flashboards; (2) a 137-acre environmental analysis. U.S.C. 2705, 2708 reservoir with a normal full pond elevation of 215 feet National Geodetic Magalie R. Salas, h. Applicant Contact: Liisa Dowd, Ice Secretary. House Partners, Inc., 323 West Main Vertical Datum; (3) a 50-foot-wide, 600- [FR Doc. E7–2700 Filed 2–15–07; 8:45 am] Street, Ayer, MA 01432, (978) 772–3303 foot-long power canal; (4) a restored i. FERC Contact: Tom Dean, (202) powerhouse containing two generating BILLING CODE 6717–01–P 502–6041 units with a total installed capacity of j. Cooperating Agencies: We are 270 kilowatts; and (5) appurtenant facilities. The project would have an DEPARTMENT OF ENERGY asking Federal, state, and local agencies average annual generation of 2,500 and Indian tribes with jurisdiction and/ megawatt-hours. Federal Energy Regulatory or special expertise with respect to o. A copy of the application is Commission environmental issues to cooperate with available for review at the Commission [Project No. 2985–004] us in the preparation of the in the Public Reference Room or may be environmental document. Agencies who viewed on the Commission’s Web site at MeadWestvaco; Notice of Change in would like to request cooperating status http://www.ferc.gov using the Applicant’s Proposal Concerning the should follow the instructions for filing ‘‘eLibrary’’ link. Enter the docket Redevelopment of the Willow Mill comments described in item l below. number excluding the three digits in the Hydroelectric Project k. Pursuant to Section 4.32(b)(7) of 18 docket number field to access the CFR of the Commission’s regulations, if document. For assistance, please contact February 9, 2007. any resource agency, Indian Tribe, or FERC Online Support at a. Type of Filing: Notice of Intent person believes that an additional [email protected] or toll (NOI) to File Application for a New scientific study should be conducted in free at (866) 208–3676, or for TTY, License and Commencing Licensing order to form an adequate factual basis contact (202) 502–8659. A copy is also Proceeding. for a complete analysis of the available for inspection and b. Project No.: 2985–004. application on its merit, the resource reproduction at the address in item h c. Dated Filed: April 14, 2006. agency, Indian Tribe, or person must file above. d. Applicant: MeadWestvaco. a request for a study with the You may also register online at e. Name of Project: Willow Mill Commission not later than 60 days from http://www.ferc.gov/docs-filing/ Hydroelectric Project. the date of filing of the application, and esubscription.asp to be notified via e- f. Location: On the Housatonic River serve a copy of the request on the mail of new filings and issuances in Berkshire County, Massachusetts. applicant. related to this or other pending projects. The project does not occupy federal l. Deadline for filing additional study For assistance, contact FERC Online lands. requests and requests for cooperating Support. g. Filed Pursuant to: 18 CFR Part 5 of agency status: March 23, 2007. p. With this notice, we are initiating the Commission’s Regulations. All documents (original and eight consultation with the Massachusetts h. Applicant Contact: Mr. Robert copies) should be filed with: Magalie R. State Historic Preservation Officer Miller, MeadWestvaco, 547A Sissonville Salas, Secretary, Federal Energy (SHPO), as required by section 106, Road, Potsdam, NY 13676, (315) 267– Regulatory Commission, 888 First National Historic Preservation Act, and 5609. Street, NE., Washington, DC 20426. the regulations of the Advisory Council i. FERC Contact: Kristen Murphy, The Commission’s Rules of Practice on Historic Preservation, 36 CFR 800.4. (202) 502–6236, or via e-mail at require all intervenors filing documents q. Procedural schedule and final [email protected]. with the Commission to serve a copy of amendments: The application will be j. The Willow Mill Project includes: a that document on each person on the processed according to the following 14-foot-high, 150-foot-wide stone official service list for the project. Hydro Licensing Schedule. Revisions to masonry gravity dam; an impoundment Further, if an intervenor files comments the schedule will be made as of approximately 11 surface acres; a 10- or documents with the Commission appropriate. The Commission staff foot-deep, 18-foot-wide rubble and relating to the merits of an issue that proposes to issue one environmental masonry canal that runs approximately may affect the responsibilities of a assessment rather than issue a draft and 50 feet to a 10-foot-deep, 18-foot wide, particular resource agency, they must final EA. Comments, terms and 260-foot long rubble and masonry also serve a copy of the document on conditions, recommendations, underground headrace; two steel that resource agency. prescriptions, and reply comments, if penstocks, one leading to a 100-kW unit, Additional study requests and any, will be addressed in an EA. Staff the other leading to a 360-kW unit. The requests for cooperating agency status intends to give at least 30 days for two generating units are located in the may be filed electronically via the entities to comment on the EA, and will basement of MeadWestvaco’s paper Internet in lieu of paper. The take into consideration all comments mill, and release flow to an 8-foot-wide Commission strongly encourages received on the EA before final action is underground tailrace that reconnects to electronic filings. See 18 CFR taken on the license application. the Housatonic River approximately 700 385.2001(a)(1)(iii) and the instructions Issue Acceptance Letter or Deficiency feet downstream from Willow Mill Dam. on the Commission’s Web site at Letter—April 2007. The 360-kW unit has not been operated

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since 1966. The 100-kW unit ceased DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY operating in 2005. Federal Energy Regulatory Federal Energy Regulatory k. In its PAD, MeadWestvaco stated it Commission Commission was evaluating its options relative to rehabilitating the 100 kW unit, or [Docket No. AD07–7–000] potentially increasing the overall [Docket No. ER06–615–004; Docket No. Conference on Competition in hydraulic capacity of the facility. ER06–723–001; ER06–723–002; ER06–723– 003] Wholesale Power Markets; Pursuant to 18 CFR 5.11, MeadWestvaco Supplemental Notice of Conference filed a Proposed Study Plan on California Independent System September 26, 2006. The plan included Operator Corporation; Notice February 9, 2007. a Hydropower Redevelopment Study to Rescinding Period for Post-Technical As announced in the Notice of evaluate the feasibility of rehabilitating Conference Comments Conference issued on January 8, 2007, the existing facility, replacing the the Federal Energy Regulatory generator units with newer models, or February 9, 2007. Commission (Commission) will hold the expanding the overall facility capacity. On February 1, 2007, staff of the first in a series of conferences on In its Revised Study Plan, filed January Federal Energy Regulatory Commission February 27, 2007, to examine the state 23, 2007, MeadWestvaco withdrew the convened a technical conference to of competition in wholesale power Hydropower Redevelopment Study address issues related to the California markets. The first conference will be proposal. Rather, MeadWestvaco now Independent System Operator held from 9 a.m. to 4 p.m. (EST) at the Federal Energy Regulatory Commission, states that it will rehabilitate the 100- Corporation’s (CAISO) tariff, which 888 First Street, NE., Washington, DC kW unit during 2007, and otherwise has reflects the Market Redesign and Technology Upgrade (MRTU) program. 20426, in the Commission Meeting no plans to upgrade or expand the Room. All interested persons are invited project. The purpose of the technical conference was to explore and discuss the CAISO’s to attend, and registration is not l. Pursuant to 18 CFR 16.7, proposed methodology for allocating required. The agenda for this conference, with information on the project is available transmission import capacity in a list of participating panelists, is at: Ms. Patricia C. Begrowicz, conjunction with resource adequacy attached. In order to allot sufficient time MeadWestvaco, 40 Willow Street, South requirements in the MRTU Tariff. Two for questions and responses, each Lee, MA 01260. notices were issued prior to the speaker will be provided with eight (8) m. Willow Mill Project information is technical conference providing minutes for prepared remarks. Due to available for review at the Commission commentors until February 16, 2007, to the limitation of time, slides and in the Public Reference Room or may be file post-technical conference comments  1 graphic displays (e.g., PowerPoint viewed on the Commission’s Web site with the Comission. presentations) will not be permitted (http://www.ferc.gov), using the This notice rescinds the previously- during the conference. Presenters who ‘‘eLibrary’’ link. Enter the docket announced February 16, 2007 period to wish to distribute copies of their number, excluding the last three digits file post-technical conference comments prepared remarks or handouts should in the docket number field to access the with the Commission. Instead, bring 100 double-sided copies to the document. For assistance, contact FERC commentors should submit their conference. Presenters who wish to Online Support at comments with the CAISO, consistent include comments, presentations, or [email protected] or toll with the directions given by the CAISO handouts in the record for this free at 1–866–208–3676, or for TTY, in its February 7, 2007 market notice,2 proceeding should file their comments (202) 502–8659. Copies are also in anticipation of the CAISO with the Secretary of the Commission. available for inspection and preparation of a tariff filing under Comments may either be filed on paper reproduction at the address in section 205 3 of the Federal Power Act or electronically via the eFiling link on paragraph m. setting forth a methodology for the Commission’s Web site at http:// allocating transmission import capacity www.ferc.gov. Following the conference, n. Register online at http://ferc.gov/ in conjunction with resource adequacy any interested person will be permitted esubscribenow.htm to be notified via requirements in the MRTU Tariff. to file written comments in the above e-mail of new filing and issuances For more information, please contact docket on or before March 13, 2007. related to this or other pending projects. Transcripts of the conference will be For assistance, contact FERC Online Aileen Roder at 202–502–6022, [email protected], or Shawn Bennett immediately available from Ace Support. at 202–502–8930, Reporting Company (202–347–3700 or Magalie R. Salas, [email protected]. 1–800–336–6646) for a fee. They will be available for the public on the Secretary. Magalie R. Salas, Commission’s eLibrary system seven [FR Doc. E7–2702 Filed 2–15–07; 8:45 am] Secretary. calendar days after FERC receives the BILLING CODE 6717–01–P [FR Doc. E7–2699 Filed 2–15–07; 8:45 am] transcript. BILLING CODE 6717–01–P A free webcast of this event will be available through http://www.ferc.gov. 1 See Notice of Technical Conference, Docket No. Anyone with Internet access who ER06–615–004 (Dec. 27, 2006); See also Notice of desires to view this event can do so by Staff Technical Conference and Agenda, Docket No. navigating to www.ferc.gov’s Calendar ER06–615–004 (Jan. 18, 2007). of Events and locating this event in the 2 California ISO Market Notice: Resource Calendar. The event will contain a link Adequacy Import Allocation Revision Process (Feb. 7, 2007), http://www.caiso.com/1b7e/ to its webcast. The Capitol Connection 1b7ebe5238962.html. provides technical support for the free 3 16 U.S.C. 824d (2000). webcasts. It also offers access to this

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event via television in the DC area and DEPARTMENT OF ENERGY ENVIRONMENTAL PROTECTION via phone bridge for a fee. If you have AGENCY Federal Energy Regulatory any questions, visit http:// [ER–FRL–6684–2] www.CapitolConnection.org or contact Commission Danelle Perkowski or David Reininger at Environmental Impact Statements and 703–993–3100. [Docket No. RP01–503–007] Regulations; Availability of EPA Commission conferences are Comments Natural Gas Pipeline Company of accessible under section 508 of the America; Notice of Technical Availability of EPA comments Rehabilitation Act of 1973. For Conference prepared pursuant to the Environmental accessibility accommodations please Review Process (ERP), under section send an e-mail to [email protected], February 9, 2007. 309 of the Clean Air Act and Section or call toll free 1–866–208–3372 (voice) 102(2)(c) of the National Environmental Take notice that the Commission will or 202–208–1659 (TTY), or send a FAX Policy Act as amended. Requests for convene a technical conference on to 202–208–2106 with the required copies of EPA comments can be directed Wednesday, March 14, 2007, at 10 am accommodations. to the Office of Federal Activities at (EST), in a room to be designated at the 202–564–7167. For more information about this offices of the Federal Energy Regulatory conference, please contact: Moon Paul, An explanation of the ratings assigned Commission, 888 First Street, NE., to draft environmental impact Esq., Office of the General Counsel— Washington DC 20426. statements (EISs) was published in FR Energy Markets, Federal Energy dated April 7, 2006 (71 FR 17845). Regulatory Commission, 888 First The technical conference will address Street, NE., Washington, DC 20426, issues raised by Natural’s January 4, DRAFT EISs (202) 502–6136, [email protected]. 2007, filing in the referenced docket related only to Natural’s gas EIS No. 20060045, ERP No. D–AFS– Magalie R. Salas, interchangeability and maximum Btu L65504–ID, Payette National Forest Travel Management Plan, Designate a limit tariff proposals. Secretary. System of Road, Trails and Areas Open [FR Doc. E7–2706 Filed 2–15–07; 8:45 am] Natural and the other parties should to Motorized and Non-Motorized Use, BILLING CODE 6717–01–P be prepared to address the following Implementation, Adam, Washington, topics at the technical conference: Idaho, Valley Counties, ID 1. Are Natural’s tariff proposals Summary: EPA expressed DEPARTMENT OF ENERGY consistent with the Interim Guidelines environmental concern about impacts to the public water supply, impaired Federal Energy Regulatory in the Natural Gas Council’s White Paper on Natural Gas Interchangeability streams and aquatic habitat. Rating EC1. Commission EIS No. 20060401, ERP No. D–FRC– and Non-Combustion End Use? K05062–CA, Oroville Facilities Project, [Project No. 2601–007] 2. To the extent Natural’s proposals Issuing an New Federal License to are not consistent with the guidelines, Continue Hydroelectric Power (FERC Duke Power Company LLC; Notice of has Natural supported any divergence No. 2100), Feather River, Sierra Nevada, Meeting To Discuss the Effects of the from the interim guidelines? Butte County, CA Continued Operation of the Bryson 3. Did Natural use the appropriate Summary: EPA expressed Project on Tribal Resources of the methodology to determine the Wobbe environmental concerns about potential Eastern Band of the Cherokee Indians index and Btu limits? If not, what water quality impacts and the method of methodology should Natural have used? analysis used to assess impacts of the February 9, 2007. no-action alternative, and requested Any parties in this proceeding that a. Date and Time of Meeting: March additional information regarding wish to make a presentation at this 7, 2007, from 1 to 4 p.m. (EST). consultation with tribal governments technical conference should notify the and the analysis of cumulative impacts. b. Place: District Courtroom, Swain Commission prior to the conference. Rating EC2. County Administration Building, 101 FERC conferences are accessible EIS No. 20060406, ERP No. D–BLM– Mitchell Street, Bryson City, North under section 508 of the Rehabilitation L65524–PA, Bay Resource Management Carolina 28713–2321. Act of 1973. For accessibility Plan, Implementation, Located within c. FERC Contact: Lee Emery at (202) accommodations please send an e-mail the Bristol Bay and Goodnews Bay 502–8379 or [email protected]. to [email protected] or call toll free Areas, AK Summary: EPA expressed d. Purpose of Meeting: Discuss the (866) 208–3372 (voice) or 202–20801659 environmental concerns about the effects of continued operation of the (TTY), or send a FAX to 202–208–2106 potential for adverse impacts regarding Bryson Project on Tribal fishing and with the required accommodations. the limited number of special boating rights on the Bryson reservoir All interested persons are permitted designations in the preferred alternative; (Ela reservoir). to attend. For further information please effectiveness of proposed Required Magalie R. Salas, contact Sandra Elliott at (202) 502–8694 Operating Procedures (ROPs) and Stipulations, especially in regard to Secretary. or e-mail [email protected]. future management of lands open to [FR Doc. E7–2701 Filed 2–15–07; 8:45 am] Magalie R. Salas, mineral, oil, and gas exploration and BILLING CODE 6717–01–P Secretary. development. Rating EC2. [FR Doc. E7–2703 Filed 2–15–07; 8:45 am] EIS No. 20060449, ERP No. D–AFS– BILLING CODE 6717–01–P L65526–ID, Salmon-Challis National Forest, Lost River/Lemhi Grazing Allotments, To Improve Range

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Condition and Trend, Lost River and Decision and the remainder of the Operate and Maintain a New 25.6 mile Challis Ranger Districts, Salmon-Challis licensing process. 500kV Transmission Line, Right-of-Way National Forest, Butte, Clark, Custer and EIS No. 20060495, ERP No. F–FHW– Permit and Special Use Authorization, Lemhi Counties, ID L40226–WA, WA–28 Angeles National Forest, Los Angeles Summary: EPA expressed Eastside Corridor Project, Proposal to County, CA environmental concerns about the Improve WA–28 (Sunset Highway) Summary: No formal comment letter potential for adverse impacts to streams Corridor from WA–2–97 (Ocdabashian was sent to the preparing agency. that are currently 303(d) listed for Bridge) to 9th Street NE. in East Dated: February 12, 2007. temperature, sediment and other water Wenatcheee, City of East Wenatchee, Robert W. Hargrove, quality criteria. Rating EC2. Douglas County, WA EIS No. 20060486, ERP No. D–NPS– Summary: EPA continues to express Director, NEPA Compliance Division, Office D65038–MD, White-Tailed Deer environmental concerns about the of Federal Activities. Management Plan, Implementation, preferred alternative’s (3B) impacts on [FR Doc. E7–2734 Filed 2–15–07; 8:45 am] Catoctin Mountain Park, Frederick and air quality and wetlands. BILLING CODE 6560–50–P Washington Counties, MD EIS No. 20060515, ERP No. F–FHW– Summary: EPA does not object to the C40161–NY, NY–17 Parksville/SH– proposed action. Rating LO. 5223, Liberty-County Line, Part 1 ENVIRONMENTAL PROTECTION EIS No. 20060274, ERP No. DD–AFS– Construction and Reconstruction to AGENCY L65155–00, Northern Spotted Owl Interstate Standards, Funding and U.S. Management Plan, Removal or the Army COE Permit Issuance, Town of [ER–FRL–6684–1] Modification to the Survey and Manage Liberty, Sullivan County, NY Mitigation Measures, Standards and Summary: EPA does not object to the Environmental Impacts Statements; Guidelines (to the Northwest Forest preferred alternative. Notice of Availability Plan) New Information to Address Three EIS No. 20060531, ERP No. F–FRC– Responsible Agency: Office of Federal Deficiencies in Final Supplemental EIS L05236–0R, Clackamas River Activities, General Information (202) (2004), Northwest Forest Plan, OR, WA, Hydroelectric Project, Application for 564–7167 or and CA Relicensing of an Existing 173 http://www.epa.gov/compliance/ Summary: The analysis in EIS megawatt(MS) Project, (FERC No. 2195– nepa/ Weekly receipt of Environmental provides adequate support for the 011) Clackamas River Basin, Clackamas Impact Statements Filed 02/05/2007 decision to add individual species to the County, OR through 02/09/2007 Pursuant to 40 CFR agencies’ Special Status Species Summary: EPA continues to express 1506.9. Program (SSSP) lists, and provides environmental concerns about important information for developing temperature and dissolved oxygen EIS No. 20070038, Draft EIS, BLM, WY, future land management and species impacts and recommends that FERC Pinedale Resource Management Plan conservation decisions. EPA encourages work with ODEQ to assure water quality (RMP), Implementation of Public the agencies to fully support and standards will be met. Lands Administered, Sublette and regularly update the SSSP programs, EIS No. 20060545, ERP No. F–FTA– Lincoln Counties, WY, Comment and consider the importance of the G40191–TX, Southeast Corridor Project, Period Ends: 05/17/2007, Contact: current network of late successional Proposed Fixed-Guideway Transit Kellie Roadifer 307–367–5309. forests in late-successional species’ System, Funding, Metropolitan Transit EIS No. 20070039, Draft EIS, WPA, CA, persistence and viability. Rating LO. Authority (METRO) of Harris County, Trinity Public Utilities District Direct EIS No. 20060307, ERP No. DS–FHW– Houston, Harris County, TX Interconnection Project, Construct L40222–WA, WA–99 Alaskan Way Summary: EPA does not object to the and Operate a 16-mile Long 60- Viaduct and Seawall Replacement proposed project. Kilovolt Power Transmission Project, Additional Information and EIS No. 20070002, ERP No. F–FHW– Facilities, (DOE/EIS–0389, Trinity Evaluation of Construction Plan, F40420–MN, I–94/TH–10 Interregional County, CA, Comment Period Ends: Provide Transportation Facility and Connection from St. Cloud to Becker 04/02/2007, Contact: Mark Wieringa Seawall with Improved Earthquake Transportation Improvements, Funding 7200–962–7448. Resistence, U.S. Army COE Section 10 and U.S. Army COE Section 404 Permit, EIS No. 20070040, Final EIS, DOD, 00, and 404 Permits, Seattle, WA Sherurne, Stearns, and Wright Counties, Programmatic—Missile Defense Summary: EPA expressed MN Agency, To Incrementally Develop, environmental concerns about impacts Summary: EPA continues to have Test, Deploy, and Plan for to air quality and human health during environmental concerns about impacts Decommissioning of the Ballistic construction, and recommends the to water quality, wetlands, wildlife and Missile Defense System (BMDS), Wait development of an air quality wildlife habitat, and floodplains as well Period Ends: 03/19/2007, Contact: construction mitigation plan. Rating as potential cumulative impacts to the Martin Duke 703–697–4248. EC2. Mississippi Riverway. EIS No. 20070041, Draft EIS, AFS, OR, EIS No. 20070005, ERP No. F–IBR– Five Buttes Project, Conduct FINAL EISs K39082–AZ, Welton-Mohawk Title Vegetation Management Activities, EIS No. 20060451, ERP No. F–CGD– Transfer Project, Transfer of the Implementation, Deschutes National B03015–MA, Neptune Liquefied Natural Facilities, Works, and Lands of the Forest, Cresent Ranger District, Gas (LNG), Construction and Operation, Welton Mohawk Division of the Gila Deschutes County, OR, Comment Deepwater Port License Application, Project, Welton-Mohawk Irrigation and Period Ends: 04/02/2007, Contact: (Docket Number USCG–2004–22611) Drainage District, Yuma County, AZ Marcy Boehme 541–433–3200. Massachusetts Bay, Gloucester and Summary: No formal comment letter EIS No. 20070042, Draft EIS, BLM, CA, Boston, MA was sent to the preparing agency. Truckhaven Geothermal Leasing Area, Summary: EPA does not object to the EIS No. 20070009, ERP No. F–AFS– Addresses Leasing of Geothermal proposed action, but offered comments K65317–CA, Antelope-Pardee 500kV Resources, El Centro Field Office, that can be addressed in the Record of Transmission Project, Construct, Imperial County, CA, Comment

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Period Ends: 04/17/2007, Contact: Comment Period Ends: 04/02/2007, (703) 308-1850; e-mail address: John Dalton 951–697–5311. Contact: Jerome Wiggins 415–744– [email protected] or Lillian EIS No. 20070043, Final EIS, AFS, CA, 3116. Wilmore, TPPC Facilitator, P.O. Box Commercial Park Stock Permit EIS No. 20070050, Draft EIS, FRC, 00, 470829 Brookline Village, MA 02447- Reissuance for the Sierra National East Texas to Mississippi Expansion 0829; Telephone number (617) 277- Forest and Trail Management Plan for Project, Construction and Operation 1656; e-mail address: the Dinkey Lakes Wilderness, of 243.3 miles Natural Gas Pipeline to [email protected]. Application Reissuance Special-Use- Transport Natural Gas from SUPPLEMENTARY INFORMATION: Permit, Mariposa, Madera and Fresno Production Fields in eastern Texas to Counties, CA, Wait Period Ends: 03/ Markets in the Gulf Coast, I. General Information 19/2007 Contact: Kim-Sorini-Wilson Midwestern, Northeastern and A. Does this Action Apply to Me? 559–855–5355 Ext. 3328. Southeastern United States, Comment EIS No. 20070044, Draft EIS, AFS, NM, Period Ends: 04/02/2007, Contact: You may be potentially affected by Surface Management of Gas Leasing Andy Black 1–866–209–3372. this action if you [are interested in and Development, Proposes to Amend EIS No. 20070051, Draft Supplement, TPPC’s information exchange the Forest Plan include Standard and COE, MS, Gulfport Harbor Navigation relationship with EPA regarding Guidelines Related to Gas Leasing and Channel Project, Updated Information important issues related to human Development in the Jicarilla Ranger on Providing Safe and Unrestricted health, environmental exposure to District, Carson National Forest, Rio Navigation into and out of Gulfport pesticides, and insight into EPA’s Arriba County, NM, Comment Period Harbor, Harrison County, MS, decision-making process. All parties are Ends: 04/02/2007, Contact: Audrey Comment Period Ends: 04/02/2007, invited and encourage you to attend the Kuykendall 505–758–6212. Contact: Linda T. Brown 251–694– meetings and participate as EIS No. 20070045, Final EIS, FHW, UT, 3786. appropriate.’’ Potentially affected Riverdale Road Project (UT–26), entities may include, but are not limited Dated: February 13, 2007. Improvement Mobility and Safety to: Those persons who are or may be Robert W. Hargrove, between 1900 West in Roy, UT and required to conduct testing of chemical U.S. Highway 89 (Washington Director, NEPA Compliance Division, Office substances under the Federal Food, of Federal Activities. Boulevard) in Odgen, UT, Cities of Drug, and Cosmetic Act (FFDCA), or the Roy, Riverdale, South Ogden and [FR Doc. E7–2733 Filed 2–15–07; 8:45 am] Federal Insecticide, Fungicide, and Ogden, Weber County, UT, Wait BILLING CODE 6560–50–P Rodenticide Act (FIFRA). Since other Period Ends: 03/19/2007, Contact: entities may also be interested, the Gregory S. Punske 801–963–0182. Agency has not attempted to describe all EIS No. 20070046, Draft EIS, BLM, CO, ENVIRONMENTAL PROTECTION AGENCY the specific entities that may be affected Little Snake Resource Management by this action. If you have any questions Plan, Implementation, Moffat, Routt [EPA-HQ-OPP-2007-0098; FRL–8115–4] regarding the application of this action and Rio Blanco Counties, Craig CO, to a particular entity, consult either Comment Period Ends: 05/17/2007, Full Tribal Pesticide Program Council person listed under FOR FURTHER Contact: Jeremy Casterson 970–826– (TPPC); Notice of Public Meeting INFORMATION CONTACT 5071. This document is available on AGENCY: Environmental Protection the Internet at: http:// B. How Can I Get Copies of this Agency (EPA). www.co.blm.gov/lsra/rmp/rmp- Document and Other Related ACTION: docs.htm#DEIS. Notice. Information? EIS No. 20070047, Draft EIS, COE, MN, SUMMARY: The Tribal Pesticide Program 1. Docket. EPA has established a Minnesota Steel Project, Construction Council (TPPC) will hold a 2 and c day docket for this action under docket and Operation of an Open Pit meeting, beginning on March 7 and identification (ID) number EPA-HQ- Taconite Mine Facilities, ending on March 9, 2007. This notice OPPT-2006-0098. Publicly available Concentrator, Pellet Plant, Direct announces the location and times for docket materials are available either in Reduced Iron Plant and Steel Mill the meeting, and sets forth the tentative the electronic docket at http:// Project, located west of Nashwauk, agenda topics. The TPPC Tribal Caucus www.regulations.gov, or, if only Itasca County, MN, Comment Period meeting on March 7, 10:30 until noon available in hard copy, at the Office of Ends: 04/02/2007, Contact: Jon K. and the March 9, c day meeting from 9 Pesticide Programs (OPP) Regulatory Ahlness 651–290–5381. a.m. to noon are scheduled for the TPPC Public Docket in Rm. S-4400, One EIS No. 20070048, Draft EIS, NOA, 00, members only. Potomac Yard (South Bldg.), 2777 S. Programmatic—Steller Sea Lion and DATES: The meeting will be held on Crystal Drive Arlington, VA. The hours Northern Fur Seal Research, Proposal March 7 and 8, 2007 from 9 a.m. to 5 of operation of this Docket Facility are to Disburse Fund and Issue Permit for p.m. from 8:30 a.m. to 4 p.m., Monday Research, AK, WA, OR and CA, ADDRESSES: The meeting will be held at through Friday, excluding legal Comment Period Ends: 04/02/2007, holidays. The Docket telephone number Contact: P. Michael Payne 301–713– 2777 South Crystal Dr., One Potomac Yards (South Bldg.) 4th Floor is (703) 305-5805. 2289. This document is available on 2. Electronic access. You may access Conference Center/South, Arlington, the Internet at: http:// this Federal Register document VA. www.nmfs.noaa.gov/pr/permits/eis/ electronically through the EPA Internet steller.htm. FOR FURTHER INFORMATION CONTACT: under the ‘‘Federal Register’’ listings at EIS No. 20070049, Second Draft Georgia A. McDuffie, Field and External http://www.epa.gov/fedrgstr. Supplement, FTA, CA, South Affairs Division, Office of Pesticide Sacramento Corridor Phase 2, Programs, Environmental Protection II. Tentative Agenda Improve Transit Service and Enhance Agency, 1200 Pennsylvania Ave., NW., 1. TPPC State of the Council Report Regional Connectivity, Funding, in Washington, DC 20460-0001; telephone 2. EPA/OPP, OECA and Region the City and County Sacramento, CA, number: (703) 605-0195; fax number: Update/Report

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3. Pesticides and Health Impacts/ must be postmarked by the last day of Extension of Period for Objections Focus on impacts on Children the period for objection and sent 4. TPPC Update/Report directly to the Docket Office listed in In the August 4, 2006 NODA (71 FR 5. Endangered Species Update ADDRESSES (in duplicate form if 44283), EPA provided notice that it had 6. Pesticide Labeling and Personal possible). placed in the CAIR FIP docket Protective Equipment allocation tables for EGU NOX annual 7. Strategic Planning Discussion ADDRESSES: Submit your objections, and EGU NOX ozone season allocations 8. Success Story/ Use of IPM in identified by Docket Number OAR– for control periods 2009–2014. The Controlling Invasives 2004–0076 by one of the following allocation tables also included methods: inventories of heat input and List of Subjects A. Federal Rulemaking Portal: http:// inventories of potentially exempt units. Environmental protection. www.regulations.gov. The NODA is not In addition, EPA also placed in the Dated: February 8, 2007. a rulemaking, but you may use the docket a Technical Support Document W. R. Diamond, Federal Rulemaking Portal to submit describing the allocation table data objections to the NODA. To submit Director, Field External Affairs Division, fields. objections, follow the on-line Office of Pesticide Programs The EPA originally provided a 30-day instructions for submitting comments. [FR Doc. E7–2668 Filed 2–15–07; 8:45 am] period for the unit owners, unit BILLING CODE 6560–50–S B. Mail: Air Docket, ATTN: Docket operators, and the public to submit Number OAR–2004–0076, objections regarding individual units’ Environmental Protection Agency, Mail treatment as potentially covered or not ENVIRONMENTAL PROTECTION Code: 6102T, 1200 Pennsylvania Ave., covered by CAIR and, for units treated NW., Washington, DC 20460 AGENCY as potential CAIR units, the data used in [EPA–HQ–OAR–2004–0076; FRL–8278–6] C. E-mail: [email protected]. the allocation calculations and the D. Hand Delivery: EPA Docket Center, allocations resulting from such Extension of Period for Objection for 1301 Constitution Avenue, NW., Room calculations. In response to a request the Notice of Data Availability for EGU 3334, Washington, DC. Such deliveries from the American Forest and Paper NOX Annual and NOX Ozone Season are only accepted during the Docket’s Association, EPA extended the period Allocations for the Clean Air Interstate normal hours of operation, and special for all objections an additional 30 days Rule Federal Implementation Plan arrangements should be made for to October 5, 2006. Trading Programs deliveries of boxed information. In requesting an additional extension AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: of the period, certain biomass Agency (EPA). General questions concerning today’s cogeneration unit owners noted the ACTION: Notice to extend period for action and technical questions unique nature of the fuels utilized by objections. concerning heat input or fuel data biomass cogeneration units and the should be addressed to Brian Fisher, difficulties encountered in collecting SUMMARY: EPA is extending the period USEPA Headquarters, Ariel Rios data necessary to apply the efficiency for submission of objections concerning Building, 1200 Pennsylvania Ave., Mail the Notice of Data Availability (NODA) standard to this type of cogeneration Code 6204 J, Washington, DC 20460. unit. In light of these circumstances, the for EGU NOX Annual and NOX Ozone Telephone at (202) 343–9633, e-mail at Season Allocations for the Clean Air EPA had extended the period until [email protected]. If mailing by February 20, 2007 for objections Interstate Rule Federal Implementation courier, address package to Brian Fisher, Plan Trading Programs (CAIR FIP) (including data) related to any biomass 1310 L St., NW., RM # 713G, cogeneration units, and further extends published on August 4, 2006 to June 1, Washington, DC 20005. 2007 for cogeneration units combusting it to June 1, 2007 in this notice. For all biomass (biomass cogeneration units). SUPPLEMENTARY INFORMATION: other objections, the deadline was The period had previously been Docket: All documents in the docket October 5, 2006. extended to October 5, 2006 for all are listed in the www.regulations.gov EPA believes the additional time will objections, and further extended to index. Although listed in the index, provide the Agency more adequate time February 20, 2007 for objections some information is not publicly to receive and evaluate necessary data concerning biomass cogeneration units. available, e.g., CBI or other information and, if appropriate, address the This notice further extends the period whose disclosure is restricted by statute. concerns raised about application of the for objections concerning biomass Certain other material, such as efficiency standard to biomass cogeneration units from February 20, copyrighted material, will be publicly cogeneration units. 2007 to June 1, 2007. Certain biomass available only in hard copy. Publicly cogeneration unit owners and operators available docket materials are available Dated: February 12, 2007. requested the additional time to submit either electronically in Brian J. McLean, objections because of difficulties in www.regulations.gov or in hard copy at Director, Office of Atmospheric Programs. collection of information relating to the the EPA Docket Center, EPA West, [FR Doc. E7–2806 Filed 2–15–07; 8:45 am] application of efficiency standards for Room 3334, 1301 Constitution Avenue, BILLING CODE 6560–50–P cogeneration units (as defined in the NW., Washington, DC. The Public CAIR FIP) to biomass cogeneration Reading Room is open from 8:30 a.m. to units. For all other objections, the 4:30 p.m, Monday through Friday, deadline was October 5, 2006. excluding legal holidays. The telephone DATES: The EPA is establishing a period number for the Public Reading Room is ending on June 1, 2007 only for (202) 566–1744, and the telephone objections (including data) related to number for the Air Docket is (202) 566– biomass cogeneration units. Objections 1742.

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FEDERAL COMMUNICATIONS F. Smith at (202) 418–0217 or via the Title: CORES Registration Form, FCC COMMISSION Internet at [email protected]. Form 160. SUPPLEMENTARY INFORMATION: Form Number: FCC Form 160. Notice of Public Information OMB Control Number: 3060–0949. Type of Review: Extension of a Collection(s) Being Submitted for Title: Interstate Telecommunications currently approved collection. Review to the Office of Management Service Provider Worksheet, FCC Form Respondents: Individuals or and Budget 159–W. households; Businesses or other for- profit entities; Not-for-profit February 12, 2007. Form Number: FCC Form 159–W. Type of Review: Extension of a institutions; and State, Local, or Tribal SUMMARY: The Federal Communications Governments. Commission, as part of its continuing currently approved collection. Respondents: Business and other for- Number of Respondents: 103,448. effort to reduce paperwork burden Estimated Time per Response: 10 invites the general public and other profit entities. Number of Respondents: 3,400. minutes (0.167 hours). Federal agencies to take this Frequency of Response: One time opportunity to comment on the Estimated Time per Response: 0.5 hours (30 minutes). reporting requirement. following information collection(s), as Obligation to Respond: Required to Frequency of Response: On occasion required by the Paperwork Reduction obtain or retain benefits. and annual reporting requirements. Act (PRA) of 1995, Public Law 104–13. Total Annual Burden: 17,586 hours. An agency may not conduct or sponsor Obligation to Respond: Required to Total Annual Costs: None. a collection of information unless it obtain or retain benefits. Nature and Extent of Confidentiality: displays a currently valid control Total Annual Burden: 1,700 hours. There is no need for confidentiality, number. No person shall be subject to Total Annual Costs: None. except for personally identifiable any penalty for failing to comply with Nature and Extent of Confidentiality: information individuals may submit, a collection of information subject to the There is no need for confidentiality, which is covered by a system of records, Paperwork Reduction Act (PRA) that except for personally identifiable FCC/OMD–9, ‘‘Commission Registration does not display a valid control number. information individuals may submit, System (CORES).’’ Comments are requested concerning (a) which is covered by a system of records, Privacy Impact Assessment: No whether the proposed collection of FCC/OMD–9, ‘‘Commission Registration impact(s). information is necessary for the proper System (CORES).’’ Needs and Uses: Respondents use performance of the functions of the Privacy Impact Assessment: No FCC Form 160 to register with the Commission, including whether the impact(s). Commission’s CORES program. information shall have practical utility; Needs and Uses: Section 9 of the Respondents may register on line (b) the accuracy of the Commission’s Communications Act of 1934, as through www.fcc.gov/frnreg. By burden estimate; (c) ways to enhance amended, authorizes the FCC to assess registering, the respondent applies for the quality, utility, and clarity of the and to collect regulatory fees to recover and receives an FCC Registration information collected; and (d) ways to costs incurred in carrying out the Number (FRN), which is required for minimize the burden of the collection of Commission’s enforcement actions, anyone doing business with the information on the respondents, policies, rulemaking activities, and user Commission. The FCC Form 160 is used including the use of automated information services. to collect information that pertains to collection techniques or other forms of Telecommunications licensees and the entity’s name, address, contact information technology. permittees that provide interstate, representative, telephone number, e- international, mobile, and satellite DATES: Written Paperwork Reduction mail address, and fax number. The services, including telephone operator Commission uses this information to Act (PRA) comments should be services, must pay those fees, which are submitted on or before March 19, 2007. collect and to report on any delinquent based upon a percentage of the licensee/ amounts arising from the respondent’s If you anticipate that you will be permittee’s interstate revenues. The FCC submitting PRA comments, but find it business dealings with the FCC, bills telecommunications licensees and including both ‘‘feeable’’ and difficult to do so within the period of permittees using the FCC Form 159–W time allowed by this notice, you should ‘‘nonfeeable’’ services. The CORES as the invoice. The FCC developed FCC Registration program also enables the advise the FCC contact listed below as Form 159–W to provide a convenient soon as possible. Commission to ensure that registrants format for these telecommunications (respondents) receive any refunds due ADDRESSES: Direct all PRA comments to licensees and permittees to verify the and to comply with the Debt Collection Allison E. Zaleski, Office of information that is extracted from the Improvement Act of 1996. Management and Budget, Room 10236 interstate revenue information (which OMB Control Number: 3060–0918. NEOB, Washington, DC 20503, (202) are already ‘‘populated’’ on this form) Title: CORES Update/Change Form, 395–6466, or via fax at (202) 395–5167 and to verify the simple calculation of FCC Form 161. or via Internet at the fee amount that is due, correcting _ _ Form Number: FCC Form 161. Allison E. [email protected] and to any inaccuracies as necessary. The FCC Type of Review: Revision of a Leslie F. [email protected], Federal uses this form to bill the currently approved collection. Communications Commission, Room 1– telecommunications licensee or Respondents: Individuals or C216, 445 12th Street, SW., DC 20554, permittee the amount of its regulatory households; Businesses or other for- or an e-mail to [email protected]. If you fee. The FCC is making minor revisions profit entities; Not-for-profit would like to obtain or view a copy of to FCC Form 159–W to provide a clearer institutions; and State, Local, or Tribal this information collection, you may do format. Respondents may access FCC Governments. so by visiting the FCC PRA Web page at: Form 159–W on line through the FCC’s Number of Respondents: 52,628. http://www.fcc.gov/omd/pra. Web page: www.fcc.gov/frnreg if they Estimated Time per Response: 10 FOR FURTHER INFORMATION CONTACT: For wish to submit payment prior to being minutes (0.167 hours). additional information or copies of the billed. Frequency of Response: On occasion information collection(s), contact Leslie OMB Control Number: 3060–0917. and annual reporting requirements.

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Obligation to Respond: Required to Interested persons may express their (BHC Act), Regulation Y (12 CFR Part obtain or retain benefits. views in writing to the Reserve Bank 225), and all other applicable statutes Total Annual Burden: 8,947 hours. indicated for that notice or to the offices and regulations to become a bank Total Annual Costs: None. of the Board of Governors. Comments holding company and/or to acquire the Nature and Extent of Confidentiality: must be received not later than March assets or the ownership of, control of, or There is no need for confidentiality, 6, 2007. the power to vote shares of a bank or except for personally identifiable A. Federal Reserve Bank of Kansas bank holding company and all of the information individuals may submit, City (Donna J. Ward, Assistant Vice banks and nonbanking companies which is covered by a system of records, President) 925 Grand Avenue, Kansas owned by the bank holding company, FCC/OMD–9, ‘‘Commission Registration City, Missouri 64198-0001: including the companies listed below. System (CORES).’’ 1. Bishop Limited Partnership, and its The applications listed below, as well Privacy Impact Assessment: No general partner, Cheryl R. Bishop; to as other related filings required by the impact(s). acquire additional voting shares of Board, are available for immediate Needs and Uses: Once respondents Skagit State Bancorp, Inc., and thereby inspection at the Federal Reserve Bank have registered with the CORES indirectly acquire voting shares of indicated. The application also will be (Commission Registration System) Skagit State Bank, all of Burlington, available for inspection at the offices of database and been issued an FCC Washington. the Board of Governors. Interested Registration Number (FRN), the unique Board of Governors of the Federal Reserve persons may express their views in identifier for doing business with the System, February 13, 2007. writing on the standards enumerated in Commission, respondents may use FCC Robert deV. Frierson, the BHC Act (12 U.S.C. 1842(c)). If the Form 161 to update and/or change their Deputy Secretary of the Board. proposal also involves the acquisition of name, address, telephone number, e- [FR Doc. E7–2770 Filed 2–15–07; 8:45 am] a nonbanking company, the review also mail address, fax number, contact includes whether the acquisition of the BILLING CODE 6210–01–S representative, contact representative’s nonbanking company complies with the address, telephone number, e-mail standards in section 4 of the BHC Act address, and/or fax number, which they FEDERAL RESERVE SYSTEM (12 U.S.C. 1843). Unless otherwise have entered previously in the CORES noted, nonbanking activities will be database. FCC Form 161 may be Formations of, Acquisitions by, and conducted throughout the United States. accessed through the FCC Web page: Mergers of Bank Holding Companies; Additional information on all bank http://www.fcc.gov/frnreg. The FCC uses Correction holding companies may be obtained CORES to ensure that respondents from the National Information Center receive any refunds due and to comply This notice corrects a notice (FR Doc. Web site at http://www.ffiec.gov/nic/. E7-2377) published on page 6566 of the with the Debt Collection Act of 1996. Unless otherwise noted, comments issue for Monday, February 12, 2007. The FCC has added a ‘‘personal security regarding each of these applications Under the Federal Reserve Bank of question,’’ ‘‘custom personal security must be received at the Reserve Bank Atlanta heading, the entry for FBG question,’’ and a ‘‘certification indicated or the offices of the Board of Holding Corporation, Tampa, Florida, is statement’’ and ‘‘signature line’’ to FCC Governors not later than March 12, Form 161. Upon approval of this revised to read as follows: A. Federal Reserve Bank of Atlanta 2007. collection, the FCC will cancel (Andre Anderson, Vice President) 1000 A. Federal Reserve Bank of Boston information collection 3060–0919, FCC Peachtree Street, N.E., Atlanta, Georgia (Richard Walker, Community Affairs Form 162, ‘‘CORES Certification Form.’’ 30309: Officer) P.O. Box 55882, Boston, Federal Communications Commission. 1. FBG Holding Corporation, Tampa, Massachusetts 02106-2204: Marlene H. Dortch, Florida; to become a bank holding 1. Merrimack Bancorp, MHC, Secretary. company by acquiring 100 percent of Concord, New Hampshire; to acquire [FR Doc. E7–2773 Filed 2–15–07; 8:45 am] the voting shares of Florida Bank Group, 100 percent of the voting shares of Bow Mills Bank and Trust, Bow, New BILLING CODE 6712–01–P Inc., and thereby indirectly acquire Bank of St. Petersburg, both of Tampa, Hampshire. Florida, and Bank of North Florida, Board of Governors of the Federal Reserve FEDERAL RESERVE SYSTEM Jacksonville, Florida. System, February 12, 2007. Comments on this application must Robert deV. Frierson, Change in Bank Control Notices; be received by March 9, 2007. Deputy Secretary of the Board. Acquisition of Shares of Bank or Bank Board of Governors of the Federal Reserve [FR Doc. E7–2727 Filed 2–15–07; 8:45 am] Holding Companies System, February 12, 2007. BILLING CODE 6210–01–S Robert deV. Frierson, The notificants listed below have Deputy Secretary of the Board. applied under the Change in Bank FEDERAL RESERVE SYSTEM Control Act (12 U.S.C. 1817(j)) and [FR Doc. E7–2726 Filed 2–15–07; 8:45 am] § 225.41 of the Board’s Regulation Y (12 BILLING CODE 6210–01–S Formations of, Acquisitions by, and CFR 225.41) to acquire a bank or bank Mergers of Bank Holding Companies; holding company. The factors that are Correction considered in acting on the notices are FEDERAL RESERVE SYSTEM This notice corrects a notice (FR Doc. set forth in paragraph 7 of the Act (12 Formations of, Acquisitions by, and E7-2377) published on page 6566 of the U.S.C. 1817(j)(7)). Mergers of Bank Holding Companies The notices are available for issue for Monday, February 12, 2007. immediate inspection at the Federal The companies listed in this notice Under the Federal Reserve Bank of Reserve Bank indicated. The notices have applied to the Board for approval, Atlanta heading, the entry for FBG also will be available for inspection at pursuant to the Bank Holding Company Holding Corporation, Tampa, Florida, is the office of the Board of Governors. Act of 1956 (12 U.S.C. 1841 et seq.) revised to read as follows:

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A. Federal Reserve Bank of Atlanta A. Federal Reserve Bank of Boston 1. Citizens Bancorp, Inc., Cadott, (Andre Anderson, Vice President) 1000 (Richard Walker, Community Affairs Wisconsin; to become a bank holding Peachtree Street, N.E., Atlanta, Georgia Officer) P.O. Box 55882, Boston, company by acquiring 100 percent of 30309: Massachusetts 02106-2204: the voting shares of Citizens State Bank, 1. FBG Holding Corporation, Tampa, 1. Merrimack Bancorp, MHC, Cadott, Wisconsin. Florida; to become a bank holding Concord, New Hampshire; to acquire Board of Governors of the Federal Reserve company by acquiring 100 percent of 100 percent of the voting shares of Bow System, February 13, 2007. the voting shares of Florida Bank Group, Mills Bank and Trust, Bow, New Robert deV. Frierson, Inc., and thereby indirectly acquire Hampshire. Bank of St. Petersburg, both of Tampa, Deputy Secretary of the Board. Board of Governors of the Federal Reserve [FR Doc. E7–2771 Filed 2–15–07; 8:45 am] Florida, and Bank of North Florida, System, February 12, 2007. BILLING CODE 6210–01–S Jacksonville, Florida. Robert deV. Frierson, Comments on this application must Deputy Secretary of the Board. be received by March 9, 2007. [FR Doc. E7–2730 Filed 2–15–07; 8:45 am] FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve BILLING CODE 6210–01–S System, February 12, 2007. Consumer Advisory Council Robert deV. Frierson, Deputy Secretary of the Board. FEDERAL RESERVE SYSTEM AGENCY: Board of Governors of the [FR Doc. E7–2729 Filed 2–15–07; 8:45 am] Federal Reserve System Formations of, Acquisitions by, and BILLING CODE 6210–01–S Notice of Meeting of Consumer Mergers of Bank Holding Companies Advisory Council The companies listed in this notice FEDERAL RESERVE SYSTEM The Consumer Advisory Council will have applied to the Board for approval, meet on Thursday, March 8, 2007. The Formations of, Acquisitions by, and pursuant to the Bank Holding Company meeting, which will be open to public Mergers of Bank Holding Companies Act of 1956 (12 U.S.C. 1841 et seq.) observation, will take place at the (BHC Act), Regulation Y (12 CFR Part Federal Reserve Board’s offices in The companies listed in this notice 225), and all other applicable statutes Washington, D.C., in Dining Room E on have applied to the Board for approval, and regulations to become a bank the Terrace level of the Martin Building. pursuant to the Bank Holding Company holding company and/or to acquire the Anyone planning to attend the meeting Act of 1956 (12 U.S.C. 1841 et seq.) assets or the ownership of, control of, or should, for security purposes, register (BHC Act), Regulation Y (12 CFR Part the power to vote shares of a bank or no later than Tuesday, March 6, by 225), and all other applicable statutes bank holding company and all of the completing the form found online at: and regulations to become a bank banks and nonbanking companies https://www.federalreserve.gov/secure/ holding company and/or to acquire the owned by the bank holding company, forms/cacregistration.cfm. assets or the ownership of, control of, or including the companies listed below. Additionally, attendees must present the power to vote shares of a bank or The applications listed below, as well photo identification to enter the bank holding company and all of the as other related filings required by the building. banks and nonbanking companies Board, are available for immediate owned by the bank holding company, inspection at the Federal Reserve Bank The meeting will begin at 9:00 a.m. including the companies listed below. indicated. The application also will be and is expected to conclude at 12:45 The applications listed below, as well available for inspection at the offices of p.m. The Martin Building is located on as other related filings required by the the Board of Governors. Interested C Street, NW, between 20th and 21st Board, are available for immediate persons may express their views in Streets. inspection at the Federal Reserve Bank writing on the standards enumerated in The Council’s function is to advise indicated. The application also will be the BHC Act (12 U.S.C. 1842(c)). If the the Board on the exercise of the Board’s available for inspection at the offices of proposal also involves the acquisition of responsibilities under various consumer the Board of Governors. Interested a nonbanking company, the review also financial services laws and on other persons may express their views in includes whether the acquisition of the matters on which the Board seeks its writing on the standards enumerated in nonbanking company complies with the advice. Time permitting, the Council the BHC Act (12 U.S.C. 1842(c)). If the will discuss the following topics: standards in section 4 of the BHC Act • proposal also involves the acquisition of (12 U.S.C. 1843). Unless otherwise Home mortgage foreclosures a nonbanking company, the review also noted, nonbanking activities will be Members will discuss various issues includes whether the acquisition of the conducted throughout the United States. related to home lending practices and nonbanking company complies with the Additional information on all bank mortgage foreclosures. • standards in section 4 of the BHC Act holding companies may be obtained Model financial privacy notices (12 U.S.C. 1843). Unless otherwise from the National Information Center With the objective of designing noted, nonbanking activities will be website at www.ffiec.gov/nic/. alternative privacy notices that are conducted throughout the United States. Unless otherwise noted, comments easier for consumers to understand and Additional information on all bank regarding each of these applications use, the Board, the other banking holding companies may be obtained must be received at the Reserve Bank agencies, the FTC, and the SEC have from the National Information Center indicated or the offices of the Board of been conducting cognitive and usability Web site at http://www.ffiec.gov/nic/. Governors not later than March 16, consumer research into how privacy Unless otherwise noted, comments 2007. notices may be made more effective for regarding each of these applications A. Federal Reserve Bank of consumers. Members will discuss must be received at the Reserve Bank Minneapolis (Jacqueline G. King, several aspects of the model notices as indicated or the offices of the Board of Community Affairs Officer) 90 well as findings from the accompanying Governors not later than March 12, Hennepin Avenue, Minneapolis, project report. 2007. Minnesota 55480-0291: • Amendments to Regulation E

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Members will discuss proposed Immediately to the south is the Mexican Basis for Finding amendments to Regulation E that would City of San Luis Rio Colorado, Sonora. The environmental impacts of create an exception for certain small– An average of 180 commercial vehicles, constructing and operating the proposed dollar transactions from the requirement 350 bicycles, 10,000 automobiles, and facilities were considered in the Final that terminal receipts be made available 11,000 pedestrians cross the border at EA and FONSI pursuant to the National to consumers at the time of the this station every day. Since the POE Environmental Policy Act (NEPA) and was constructed in 1984, the population transaction. the Council on Environmental Quality • Check holding practices of the region has grown, illegal (CEQ) regulations implementing NEPA. Members will discuss check holding immigration and smuggling have The Final EA and FONSI are available guidelines and practices with a focus on become epidemic, inspection for review at the San Luis Public issues related to fraudulent official technology has significantly improved, Library, 731 N 1st Ave., San Luis, AZ checks, counterfeit cashier’s checks and law enforcement activities have 85349. The Final EA and FONSI can money orders. increased, and trade policies have also be viewed on the GSA Web site at Reports by committees and other changed dramatically. Consequently, http://www.gsa.gov/nepa. matters initiated by Council members the existing facilities are overloaded and The build alternative will result in also may be discussed. in need of repair, upgrades, and Persons wishing to submit views to expansion. temporary construction impacts the Council on any of the above topics The General Services Administration involving the air quality (dust) and may do so by sending written (GSA) proposes to relocate the existing noise, a minor loss of soil and statements to Kyan Bishop, Secretary of commercial port of entry, currently in vegetation, and potential stormwater the Consumer Advisory Council, downtown San Luis, Arizona to a vacant pollution runoff from the site. To Division of Consumer and Community former Bureau of Reclamation (BoR) mitigate potential long-term impacts, Affairs, Board of Governors of the property to the east of the City. Details GSA will implement the measures that Federal Reserve System, Washington, of the Proposed Action are described in are discussed in the Environmental D.C. 20551. Information about this a NEPA document entitled San Luis, Assessment and FONSI. meeting may be obtained from Ms. Arizona Commercial Port of Entry The Finding of No Significant Impact Bishop, 202–452–6470. Project Environmental Assessment (U.S. will become final thirty (30) days after Bureau of Reclamation 2000). the publication of this notice, provided Board of Governors of the Federal Reserve that no information leading to a contrary System, February 13, 2007. The BoR used the 2000 EA to support a previous FONSI which determined finding is received or comes to light Jennifer J. Johnson that Federal lands could be transferred during this period. Secretary of the Board to the Greater Yuma Port Authority Peter Stamison, [FR Doc. E7–2772 Filed 2–15–07; 8:45 am] (GYPA) for a new port of entry without Regional Administrator, GSA Region 9. BILLING CODE 6210–01–S any significant environmental impacts. Because the BoR EA included detailed [FR Doc. E7–2720 Filed 2–15–07; 8:45 am] descriptions of the affected area and the BILLING CODE 6820–YF–S GENERAL SERVICES proposed facilities to be constructed the ADMINISTRATION GSA has adopted the BoR’s 2000 EA and FONSI in support of this FONSI DEPARTMENT OF HEALTH AND Public Building Service; Notice of regarding the impacts of constructing of HUMAN SERVICES Availability; Environmental the commercial POE. Assessment and Finding of No This action includes mitigation Office of the Secretary Significant Impact measures to reduce impacts identified [Document Identifier: OS–0990–New] in the BoR EA to a level that is less than ACTION: Notice. significant. The GYPA’s commitments 30-Day Notice; Agency Information SUMMARY: The General Services to implement these mitigation measures Collection Activities: Proposed Administration is publishing a Final have also been included as conditions of Collection; Comment Request the transfer of 80 acres of land within Environmental Assessment (EA) and AGENCY: Office of the Secretary, HHS. Finding of No Significant Impact the project area to the General Service In compliance with the requirement (FONSI) for the proposed construction Administration (GSA) for the of section 3506(c)(2)(A) of the of a new commercial port of entry in construction of the commercial POE. Paperwork Reduction Act of 1995, the San Luis, Arizona. The original EA and BoR FONSI were published and circulated among Office of the Secretary (OS), Department FOR FURTHER INFORMATION CONTACT: Mr. responsible government agencies for a of Health and Human Services, is Morris Angell, Regional Environmental period of no less than 30 days. publishing the following summary of a Quality Advisor (REQA), Capital Comments received during circulation proposed collection for public Investment Branch, Portfolio were considered by GSA in this final comment. Interested persons are invited Management Division, US General decision. to send comments regarding this burden Services Administration, 450 Golden estimate or any other aspect of this Gate Avenue, San Francisco, CA 94102, Finding collection of information, including any phone 415–522–3473, or email: Pursuant to the provision of GSA of the following subjects: (1) The [email protected]. Order ADM 1095.1F, the PBS NEPA necessity and utility of the proposed SUPPLEMENTARY INFORMATION: The US Desk Guide, and the regulations issued information collection for the proper Border Station at San Luis, Arizona is a by the Council of Environmental performance of the agency’s functions; full-service land port of entry (POE) Quality, (40 CFR parts 1500 to 1508), (2) the accuracy of the estimated where the Federal Government inspects this notice advises the public of our burden; (3) ways to enhance the quality, privately-owned vehicles (POV), finding, that the action described above utility, and clarity of the information to pedestrians, and commercial vehicles will not significantly affect the quality be collected; and (4) the use of seeking to enter the United States. of the human environment. automated collection techniques or

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other forms of information technology to Control and Prevention (CDC) DEPARTMENT OF HEALTH AND minimize the information collection announces the following council HUMAN SERVICES burden. meeting of the aforementioned Type of Information Collection committee. Centers for Disease Control and Request: New collection; Prevention Times and Dates: 8:30 a.m.–5 p.m., Title of Information Collection: External Evaluation of National Centers March 20, 2007. 8:30 a.m.–2 p.m., Board of Scientific Counselors, of Excellence in Women’s Health March 21, 2007. National Center for Infectious Diseases Program; Place: Corporate Square, Building 8, (NCID): Meeting Form/OMB No.: 0990–New; 1st Floor Conference Room, Atlanta, In accordance with section 10(a)(2) of Use: This evaluation will assess the Georgia 30333, telephone (404) 639– the Federal Advisory Committee Act effectiveness of the National Centers of 8317. (Pub. L. 92–463), the Centers for Disease Excellence in Women’s Health Program Status: Open to the public, limited Control and Prevention (CDC) contracts. Specifically, the outcomes- only by the space available. The meeting announces the following meeting of the based research question will ask: room accommodates approximately 100 aforementioned committee. ‘‘Overall, do women seen at CoEs people. Times and Dates: 9 a.m.–5:30 p.m., perceive their clinical care to be better March 15, 2007; 8:30 a.m.–2:30 p.m., Purpose: This council advises and than those who receive healthcare March 16, 2007. elsewhere?’’ Outreach surveys will makes recommendations to the Place: CDC, Building 19, 1600 Clifton assess community impacts. Secretary, Health and Human Services, Road, N.E., Atlanta, Georgia 30333. Frequency: One-time on Occasion; the Assistant Secretary for Health, and Status: Open to the public, limited Affected Public: Individuals or the Director, CDC, regarding the only by the space available. Households; elimination of tuberculosis. Specifically, Purpose: The Board of Scientific Annual Number of Respondents: the Council makes recommendations Counselors, NCID, provides advice and 6800; regarding policies, strategies, objectives, guidance to the Director, CDC, and Total Annual Responses: 6800; and priorities; addresses the Director, NCID, in the following areas: Average Burden per Response: 12.65 development and application of new program goals and objectives; strategies; minutes; technologies; and reviews the extent to program organization and resources for Total Annual Hours: 1433; infectious disease prevention and To obtain copies of the supporting which progress has been made toward eliminating tuberculosis. control; and program priorities. statement and any related forms for the Matters To Be Discussed: Agenda proposed paperwork collections Matters to be Discussed: Agenda items items will include: referenced above, e-mail your request, include issues pertaining to TB 1. Breakout Group Discussions: including your address, phone number, Disparities in African Americans; Vaccine Preventable Disease OMB number, and OS document Response to Control Extensively Drug Surveillance identifier, to Resistant Tuberculosis in the U.S.; and Respiratory Outbreaks [email protected], or call U.S.-Mexico Border Issues and other Ecology of Emerging Zoonoses and the Reports Clearance Office on (202) related tuberculosis issues. Other Infectious Diseases 690–6162. Written comments and Agenda items are subject to change as Food-Borne Diseases: The New Way recommendations for the proposed Forward priorities dictate. information collections must be Working with Academic Partners received within 30 days of this notice FOR FURTHER INFORMATION CONTACT: Chlamydia Screening Programs in the directly to the Desk Officer at the Margie Scott-Cseh, National Center for U.S. address below: OMB Desk Officer: John HIV, STD, and TB Prevention, 1600 Antimicrobial Resistance Kraemer, OMB Human Resources and Clifton Road, NE., M/S E–07, Atlanta, Infectivity Component of Infection Housing Branch, Attention: (OMB Georgia 30333, telephone (404) 639– Control Exotic Animal Importation and Trade #0990–New), New Executive Office 8317. Building, Room 10235, Washington, DC 2. Coordinating Center for Infectious 20503. The Director, Management Analysis Diseases Updates and Services Office, has been delegated 3. Strategies for Identifying New Dated: February 9, 2007. the authority to sign Federal Register Pathogens Alice Bettencourt, Notices pertaining to announcements of Other agenda items include Office of the Secretary, Paperwork Reduction meetings and other committee announcements/introductions; follow- Act Reports Clearance Officer. management activities, for both the up on actions recommended by the [FR Doc. E7–2769 Filed 2–15–07; 8:45 am] Centers for Disease Control and Board in May 2006; consideration of BILLING CODE 4150–33–P Prevention and the Agency for Toxic future directions, goals, and Substances and Disease Registry. recommendations. Agenda items are subject to change as DEPARTMENT OF HEALTH AND Elaine L. Baker, priorities dictate. HUMAN SERVICES Acting Director, Management Analysis and Written comments are welcome and Services Office, Centers for Disease Control should be received by the contact Centers for Disease Control and and Prevention person listed below prior to the opening Prevention [FR Doc. E7–2766 Filed 2–15–07; 8:45 am] of the meeting. Advisory Council for the Elimination of BILLING CODE 4163–18–P FOR FURTHER INFORMATION CONTACT: Tuberculosis Meeting (ACET) Tony Johnson, Office of the Director, NCID, CDC, Mailstop A–45, 1600 Clifton In accordance with section 10(a)(2) of Road, NE, Atlanta, Georgia 30333, e- the Federal Advisory Committee Act mail [email protected]; telephone 404/ (Pub. L. 92–463), the Centers for Disease 639–3856.

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The Director, Management Analysis displays a currently valid OMB control has submitted the following proposed and Services office has been delegated number. OMB has now approved the collection of information to OMB for the authority to sign Federal Register information collection and has assigned review and clearance: notices pertaining to announcements of OMB control number 0910–0509. The meetings and other committee approval expires on January 31, 2010. A Guidance for Industry on ‘‘How to Use management activities, for both the copy of the supporting statement for this E-mail to Submit a Notice of Intent to Centers for Disease Control and information collection is available on Slaughter for Human Food Purposes,’’ Prevention and the Agency for Toxic the Internet at http://www.fda.gov/ Section 512j, Federal Food, Drug, and Substances and Disease Registry. ohrms/dockets. Cosmetic Act; (OMB Control Number 0910–0450)—Extension Elaine L. Baker, Dated: February 9, 2007. Acting Director, Management Analysis and Jeffrey Shuren, Section 512(j) of the Federal Food, Services Office, Centers for Disease Control Assistant Commissioner for Policy. Drug, and Cosmetic Act (21 U.S.C. and Prevention. [FR Doc. E7–2708 Filed 2–15–07; 8:45 am] 360b(j)) gives FDA the authority to set [FR Doc. E7–2753 Filed 2–15–07; 8:45 am] BILLING CODE 4160–01–S conditions under which animals treated BILLING CODE 4163–18–P with investigational new animal drugs may be marketed for food use. Under DEPARTMENT OF HEALTH AND this authority, the Center for Veterinary DEPARTMENT OF HEALTH AND HUMAN SERVICES Medicine (CVM), issues to a new animal HUMAN SERVICES drug sponsor (sponsors) a slaughter Food and Drug Administration Food and Drug Administration authorization letter that sets the terms [Docket No. 2006N–0435] under which investigational animals [Docket No. 2006N–0274] may be slaughtered. The United States Agency Information Collection Department of Agriculture (USDA) also Agency Information Collection Activities; Submission for Office of monitors the slaughter of animals Activities; Announcement of Office of Management and Budget Review; treated with investigational new animal Management and Budget Approval; Comment Request; Guidance for drugs under the authority of the Meat Establishing and Maintaining a List of Industry on How to Use E-Mail to Inspection Act (21 USC 601–95). United States Dairy Product Submit a Notice of Intent to Slaughter Sponsors must submit slaughter notices Manufacturers/Processors With for Human Food Purposes each time investigational animals are Interest in Exporting to Chile presented for slaughter, unless this AGENCY: Food and Drug Administration, AGENCY: requirement is waived by an Food and Drug Administration, HHS. HHS. authorization letter (21 CFR 511.1(b)(5), ACTION: Notice. ACTION: Notice. 9 CFR 309.17). These notifications assist SUMMARY: The Food and Drug CVM and USDA in monitoring the SUMMARY: The Food and Drug Administration (FDA) is announcing safety of the food supply. Slaughter Administration (FDA) is announcing notices were previously submitted to that a collection of information entitled that a proposed collection of information has been submitted to the CVM and USDA on paper (OMB No. ‘‘Establishing and Maintaining a List of 0910–0450). CVM’s guidance on ‘‘How U.S. Dairy Product Manufacturers/ Office of Management and Budget (OMB) for review and clearance under to Use E-Mail to Submit a Notice of Processors with Interest in Exporting to Intent to Slaughter for Human Food Chile’’ has been approved by the Office the Paperwork Reduction Act of 1995. DATES: Fax written comments on the Purposes’’ provides sponsors with the of Management and Budget (OMB) option to submit a slaughter notice as an under the Paperwork Reduction Act of collection of information by March 19, 2007. e-mail attachment to CVM and USDA 1995. via the Internet. The electronic ADDRESSES: To ensure that comments on FOR FURTHER INFORMATION CONTACT: submission of slaughter notices is part the information collection are received, Jonna Capezzuto, Office of the Chief of CVM’s ongoing initiative to provide OMB recommends that written Information Officer (HFA–250), Food a method for paperless submissions. and Drug Administration, 5600 Fishers comments be faxed to the Office of Lane, Rockville, MD 20857, 301–827– Information and Regulatory Affairs, In the Federal Register of November 4659. OMB, Attn: FDA Desk Officer, FAX: 8, 2006 (71 FR 65532), FDA published 202–395–6974. a 60-day notice soliciting comments on SUPPLEMENTARY INFORMATION: In the the information collection provisions of Federal Register of December 7, 2006 FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of the Chief this collection. In response to this (71 FR 70972), the agency announced notice, no comments were received. that the proposed information collection Information Officer (HFA–250), Food had been submitted to OMB for review and Drug Administration, 5600 Fishers The likely respondents for this and clearance under 44 U.S.C. 3507. An Lane, Rockville, MD 20857, 301–827– collection of information are new agency may not conduct or sponsor, and 1472. animal drug sponsors. a person is not required to respond to, SUPPLEMENTARY INFORMATION: In FDA estimates the burden of this a collection of information unless it compliance with 44 U.S.C. 3507, FDA collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Form No. No. of Annual Frequency Total Annual Hours per Total Hours Respondents per Response Responses2 Response

FDA Form #3488 25 .08 2 0.41 .82 1There are no capital costs or operating and maintenance costs associated with this collection of information.

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2Electronic submissions received between July 1, 2005, and June 30, 2006.

The number of respondents in table 1 condom labeling through a label when appropriate, and other forms of of this document is the number of comprehension study. information technology. sponsors registered to make electronic DATES: Submit written or electronic Label Comprehension Study (U.S.C. 393 submissions (25). The number of total comments on the collection of (d)(2)(C)) annual responses is based on a review information by April 17, 2007. of the actual number of submissions ADDRESSES: Submit electronic FDA issued the ‘‘Draft Guidance for made between July 1, 2005, and June 30, comments on the collection of Industry and FDA Staff: Class II Special 2006 (2 x hours per response (.41) = .82 information to: http://www.fda.gov/ Controls Guidance Document: Labeling total hours). dockets/ecomments. Submit written for Male Condoms Made of Natural Submitting a slaughter notice comments on the collection of Rubber Latex’’ on November 14, 2005 electronically represents an alternative information to the Division of Dockets (70 FR 69156). Section 21 U.S.C. to submitting a notice of intent to Management (HFA–305), Food and Drug 393(d)(2)(C) of the Federal Food, Drug slaughter on paper. The reporting Administration, 5630 Fishers Lane, rm. and Cosmetic Act (the act) states that burden for compilation and submission 1061, Rockville, MD 20852. All the Secretary, through the of this information on paper is included comments should be identified with the Commissioner, shall be responsible to in OMB clearance of the information docket number found in brackets in the conduct research relating to devices in collection provisions of 21 CFR 511.1 heading of this document. carrying out this chapter. In order to (OMB No. 0910–0450). The estimates in FOR FURTHER INFORMATION CONTACT: evaluate the understandability of the table 1 of this document reflect the Denver Presley, Jr., Office of the Chief condom labeling language currently on burden associated with putting the same Information Officer (HFA–250), Food the market and the labeling language information on FDA Form #3488 and and Drug Administration, 5600 Fishers proposed in this draft guidance, as well resulted from previous discussions with Lane, Rockville, MD 20857, 301–827– as a future revised version of the sponsors about the time necessary to 1472. labeling, FDA plans to evaluate readers’ complete this form. comprehension of three versions of SUPPLEMENTARY INFORMATION: Under the condom labeling through a label Dated: February 9, 2007. PRA (44 U.S.C. 3501–3520), Federal comprehension study. Jeffrey Shuren, agencies must obtain approval from the The proposed label comprehension Assistant Commissioner for Policy. Office of Management and Budget (OMB) for each collection of study will measure current and [FR Doc. E7–2710 Filed 2–15–07; 8:45 am] potential condom consumers’ BILLING CODE 4160–01–S information they conduct or sponsor. ‘‘Collection of information’’ is defined understanding of the current market in 44 U.S.C. 3502(3) and 5 CFR labeling and the proposed condom labeling in the draft guidance of the DEPARTMENT OF HEALTH AND 1320.3(c) and includes agency requests retail package, foil and package insert of HUMAN SERVICES or requirements that members of the public submit reports, keep records, or condom labeling, as well as a future Food and Drug Administration provide information to a third party. revised version of the labeling. The label Section 3506(c)(2)(A) of the PRA (44 comprehension study will follow a sequential design, first testing both the [Docket No. 2007N–0050] U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in current market labeling (Part A) and the Agency Information Collection the Federal Register concerning each draft labeling in the guidance (Part B) in Activities; Proposed Collection; proposed collection of information Stage 1, and then a revised version of Comment Request; Label before submitting the collection to OMB the labeling in Stage 2. Comprehension Study for approval. To comply with this FDA will conduct a label requirement, FDA is publishing notice comprehension study via a mall AGENCY: Food and Drug Administration, of the proposed collection of intercept/central location intercept HHS. information set forth in this document. methodology with pre-screened ACTION: Notice. With respect to the following participants. FDA will administer a collection of information, FDA invites screening instrument, the REALM SUMMARY: The Food and Drug comments on these topics: (1) Whether (Rapid Estimate of Adult Literacy in Administration (FDA) is announcing an the proposed collection of information Medicine) test, an informed consent, opportunity for public comment on the is necessary for the proper performance and a questionnaire with approximately proposed collection of certain of FDA’s functions, including whether 20 questions related to the condom information by the agency. Under the the information will have practical labeling language to a total of 1,200 Paperwork Reduction Act of 1995 (the utility; (2) the accuracy of FDA’s participants: 400 participants for Part A PRA), Federal agencies are required to estimate of the burden of the proposed of Stage 1, 400 participants for Part B of publish notice in the Federal Register collection of information, including the Stage 1, and 400 participants for Stage concerning each proposed collection of validity of the methodology and 2 of the study. Results of the study will information, including each proposed assumptions used; (3) ways to enhance be considered in FDA’s condom labeling extension of an existing collection of the quality, utility, and clarity of the recommendations to provide important information, and to allow 60 days for information to be collected; and (4) risk/benefit and use information public comment in response to the ways to minimize the burden of the associated with condoms in an easily notice. This notice solicits comments on collection of information on understood language. a questionnaire to evaluate reader’s respondents, including through the use FDA estimates the burden of this comprehension of three versions of of automated collection techniques, collection of information as follows:

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TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Re- Annual Frequency Total Annual Re- Hours per Re- Activity spondents per Response sponses sponse Total Hours

Screening Tool 3,300 1 3,300 .05 165

Stage 1: Part A—REALM test; Informed Consent; Read Labeling; Questionnaire 400 1 400 .45 180

Stage 1: Part B—REALM test; Informed Consent; Read Labeling; Questionnaire 400 1 400 .45 180

Stage 2—REALM test; Informed Consent; Read Labeling; Questionnaire 400 1 400 .45 180

Total ...... 705 1There are no capital costs or operating and maintenance costs associated with this collection of information.

This was based on similar types of OMB recommends that written of the most appropriate diagnostic FDA studies conducted in the past. FDA comments be faxed to the Office of devices, including those that are has conducted both focus group studies Information and Regulatory Affairs, investigational. and label comprehension studies, where OMB, Attn: FDA Desk Officer, FAX: FDA requested public comment on similar participant activities, such as 202–395–6974. the information collection requirements reading the labeling, taking the REALM FOR FURTHER INFORMATION CONTACT: in the June 7, 2006, interim final rule. test, signing the informed consent, and Denver Presley, Jr., Office of the Chief The collection of information answering questions on a self- Information Officer (HFA–250), Food requirements for the June 7, 2006, administered questionnaire took place. and Drug Administration, 5600 Fishers interim final rule were approved under In order to achieve the 1,200 Lane, Rockville, MD 20857, 301–827– the emergency processing provisions of participants for the condom label 1472. the Paperwork Reduction Act (PRA), comprehension study, FDA estimates and assigned OMB control 0910–0586. SUPPLEMENTARY INFORMATION: In screening 3,300 to achieve 1,200 compliance with 44 U.S.C. 3507, FDA With this approval, OMB informed the interviews. has submitted the following proposed agency that the preamble and Dated: February 9, 2007. collection of information to OMB for solicitation of public comment by the Jeffrey Shuren, review and clearance. June 7, 2006, interim final rule would Assistant Commissioner for Policy. serve as a 60-day notice for the 3 year Medical Devices; Exception From extension of this collection of [FR Doc. E7–2716 Filed 2–15–07; 8:45 am] General Requirements for Informed information. In addition, OMB also BILLING CODE 4160–01–S Consent—(OMB Control Number 0910– requested that FDA, in submitting its 0586)—Extension extension request, summarize comments DEPARTMENT OF HEALTH AND In the Federal Register of June 7, 2006 received in response to the 60-day HUMAN SERVICES (71 FR 32827), FDA issued an interim notice, describe how the agency will final rule (hereinafter referred to as the address substantive issues raised by the Food and Drug Administration June 7, 2006, interim final rule) to commenters, and provide an update on amend its regulations to establish a new the status of the final rule. FDA is [Docket No. 2003N–0355] exception from the general requirements responding to OMB’s requests below: Agency Information Collection for informed consent, to permit the use FDA received 10 comments on the Activities; Submission for Office of of investigational in vitro diagnostic interim final rule, three of which related Management and Budget Review; devices to identify chemical, biological, to the information collection Comment Request; Medical Devices; radiological, or nuclear agents without requirements. The other comments on Exception From General Requirements informed consent in certain the rule will be addressed in the for Informed Consent circumstances. The agency took this preamble to the final rule. FDA expects action because it is concerned that, to publish the final rule in 2009. AGENCY: Food and Drug Administration, during a potential terrorism event or One comment suggested that the HHS. other potential public health emergency, requirement that a laboratory certify to ACTION: Notice. delaying the testing of specimens to an institutional review board (IRB) that obtain informed consent may threaten the testing was done in a life- SUMMARY: The Food and Drug the life of the subject. In many threatening situation and that it was not Administration (FDA) is announcing instances, there may also be others who feasible to obtain consent serves no that a proposed collection of have been exposed to, or who may be purpose, since these issues have already information has been submitted to the at risk of exposure to, a dangerous been pre-determined by FDA and Office of Management and Budget chemical, biological, radiological, or provide the basis for exemption. FDA (OMB) for review and clearance under nuclear agent, thus necessitating disagrees. The certification requirement the Paperwork Reduction Act of 1995. identification of the agent as soon as ensures that the laboratory documents DATES: Fax written comments on the possible. FDA created this exception to for the IRB that it is complying with the collection of information by March 19, help ensure that individuals who may requirements of the regulation. The 2007. have been exposed to a chemical, comment also stated that the ADDRESSES: To ensure that comments on biological, radiological, or nuclear agent concurrence of an independent the information collection are received, are able to benefit from the timely use physician, which will occur post-

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testing, adds no value to the by fully informing them of the The last comment encouraged FDA to certification. FDA also disagrees with circumstances of the trial. It would not consider increasing the length of time in this point: the information is necessary be appropriate to send the subject the which the written certification for the because it provides confirmation from information provided to the IRB because exception is required to be submitted, an independent source that the the type of information the IRB usually with the goal of easing the reporting regulations are being followed. This receives would not fully inform the burden. The certification is required to provision is found in other FDA subject about the trial; the IRB be submitted within 5 working days of regulations and is an important document is typically written in the use of the investigational device. additional protection to the subjects in technical language that is likely to be FDA believes that the 5-day reporting these trials. Lastly, the comment stated less understandable to subjects. period is important because it helps that providing the subject with consent Another comment requested that ensure that IRBs will receive timely information is of no value because at § 50.32(e)(4) explicitly require notice of instances in which this rule is that time the subject can not choose investigators to notify the jurisdictional used. In addition, the 5-day reporting whether to have the specimen tested public health authority upon suspicion period appears in other FDA human since the test has already been of need for testing for a chemical, subject protection regulations that performed. According to the comment, biological, radiological, or nuclear agent address other exceptions to the general sending the subject a copy of the notice with the investigational device; and requirement of obtaining informed to the IRB should be sufficient. While further that the language should consent and the agency believes that it the comment correctly states that reinforce that investigators must provide is important to maintain consistency subjects can not give informed consent test results to the jurisdictional public within its regulations wherever after the test has been performed, health authority in accordance with possible. providing subjects with this information State and/or Federal law. This comment The likely respondents for this demonstrates respect for the individual falls out of the scope of the questions collection of information are clinical (one of the core principles in the posed in the Federal Register notice and laboratories and physicians. Belmont Report and an important this type of reporting to public health FDA estimates the burden of the component of human subject protection) authorities is beyond FDA’s purview. collection of information as follows:

TABLE 1.—ESTIMATED AVERAGE ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per 21 CFR Section Respondents per Response Responses Response Total Hours

50.23(e)(1) and (e)(2) 150 3 450 2 900

50.23(e)(4) 150 3 450 1 450

Total Hours 1,350 1 There are no capital costs or operating and maintenance costs associated with this collection of Information.

FDA is adding § 50.23(e)(1) (21 CFR the written certifications are made will take about 2 hours to prepare each 50.23(e)(1)) to provide an exception to within 5 working days after the use of certification. the general rule that informed consent is the device. If use of the device is Section 50.23(e)(4) provides that an required for the use of an investigational necessary to preserve the life of the investigator must disclose the in vitro diagnostic device. This subject and there is not sufficient time investigational status of the device and exception will apply to those situations to obtain the determination of the what is known about the performance in which the in vitro investigational independent licensed physician in characteristics of the device at the time diagnostic device is used to prepare for advance of using the investigational test results are reported to the subject’s and respond to a chemical, biological, device, § 50.23(e)(2) provides that the health care provider and public health radiological, or nuclear terrorism event certifications must be made within 5 authorities, as applicable. Under the or other public health emergency, if the working days of use of the device. In June 7, 2006, interim final rule, the investigator and an independent either case, the certifications are licensed physician make the investigator provides the IRB with the submitted to the IRB within 5 working information required by § 50.25 (21 CFR determination and later certify in days of the use of the device. writing that: (1) There is a life- 50.25) (except for the information threatening situation necessitating the From its knowledge of the industry, described in § 50.25(a)(8)) and the use of the investigational device; (2) FDA estimates that there are procedures that will be used to provide obtaining informed consent from the approximately 150 laboratories that this information to each subject or the subject is not feasible because there was could perform this type of testing. FDA subject’s legally authorized no way to predict the need to use the estimates that in the United States each representative. Based on its knowledge investigational device when the year there are approximately 450 of similar types of submissions, FDA specimen was collected and there is not naturally occurring cases of diseases or estimates that it will take about 1 hour sufficient time to obtain consent from conditions that are identified in CDC’s to prepare this information and submit the subject or the subject’s legally list of category ‘A’ biological threat it to the health care provider and, where authorized representative; and (3) no agents. The number of cases that would appropriate, to public health authorities. satisfactory alternative device is result from a terrorist event or other available. Under the June 7, 2006, public health emergency is uncertain. interim final rule these determinations Based on its knowledge of similar types are made before the device is used, and of submissions, FDA estimates that it

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Dated: February 12, 2007. until the approval phase begins. The FDA determine the product’s regulatory Jeffrey Shuren, approval phase starts with the initial review period. Assistant Commissioner for Policy. submission of an application to market FDA has determined that the [FR Doc. E7–2794 Filed 2–15–07; 8:45 am] the human drug product and continues applicable regulatory review period for BILLING CODE 4160–01–S until FDA grants permission to market TYGACIL is 2,487 days. Of this time, the drug product. Although only a 2,304 days occurred during the testing portion of a regulatory review period phase of the regulatory review period, DEPARTMENT OF HEALTH AND may count toward the actual amount of while 183 days occurred during the HUMAN SERVICES extension that the Director of Patents approval phase. These periods of time and Trademarks may award (for were derived from the following dates: Food and Drug Administration example, half the testing phase must be 1. The date an exemption under [Docket No. 2006E–0236] subtracted, as well as any time that may section 505(i) of the Federal Food, Drug, have occurred before the patent was and Cosmetic Act (the act) (21 U.S.C. Determination of Regulatory Review issued), FDA’s determination of the 355(i)) became effective: August 26, Period for Purposes of Patent length of a regulatory review period for 1998. FDA has verified the applicant’s Extension; TYGACIL a human drug product will include all claim that the date the investigational of the testing phase and approval phase new drug application became effective AGENCY: Food and Drug Administration, as specified in 35 U.S.C. 156(g)(1)(B). was on August 26, 1998. HHS. 2. The date the application was ACTION: Notice. FDA recently approved for marketing initially submitted with respect to the the human drug product TYGACIL human drug product under section SUMMARY: The Food and Drug (tigecycline). TYGACIL is indicated for 505(b) of the act: December 15, 2004. Administration (FDA) has determined the treatment of infections caused by FDA has verified the applicant’s claim the regulatory review period for susceptible strains of the designated that the new drug application (NDA) for TYGACIL and is publishing this notice microorganisms in the conditions listed TYGACIL (NDA 21–821) was initially of that determination as required by in this paragraph for patients 18 years submitted on December 15, 2004. law. FDA has made the determination of age and older: (1) Complicated skin 3. The date the application was because of the submission of an and skin structure infections caused by approved: June 15, 2005. FDA has application to the Director of Patents Escherichia coli (E. coli), Enterococcus verified the applicant’s claim that NDA and Trademarks, Department of (Entero.) faecalis (vancomycin- 21–821 was approved on June 15, 2005. Commerce, for the extension of a patent susceptible isolates only), This determination of the regulatory which claims that human drug product. Staphlococcus (Staph.) aureus review period establishes the maximum ADDRESSES: Submit written comments (methicillin-susceptible and -resistant potential length of a patent extension. and petitions to the Division of Dockets isolates), Streptococcus (Strept.) However, the U.S. Patent and Management (HFA–305), Food and Drug agalactiae, Strept. anginosus group Trademark Office applies several Administration, 5630 Fishers Lane, rm. (includes S. anginosus, S. intermedius, statutory limitations in its calculations 1061, Rockville, MD 20852. Submit and S. constellatus), Strept. pyogenes of the actual period for patent extension. electronic comments to http:// and Bacteroides (B.) fragilis; and (2) In its application for patent extension, www.fda.gov/dockets/ecomments. complicated intra-abdominal infections this applicant seeks 1,335 days of patent FOR FURTHER INFORMATION CONTACT: caused by Citrobacter freundii, term extension. Beverly Friedman, Office of Regulatory Enterobacter cloacae, E. coli, Klebsiella Anyone with knowledge that any of Policy (HFD–007), Food and Drug (K.) oxytoca, K. pneumoniae, Entero. the dates as published are incorrect may Administration, 5600 Fishers Lane, faecaliss (vancomycin-suspectible submit to the Division of Dockets Rockville, MD 20857, 301–594–2041. isolates only), Staph. aureus Management (see ADDRESSES) written or SUPPLEMENTARY INFORMATION: The Drug (methicillin-susceptible isolates only), electronic comments and ask for a Price Competition and Patent Term Strept. anginosus group (includes S. redetermination by April 17, 2007. Restoration Act of 1984 (Public Law 98– anginosus, S. intermedius, and S. Furthermore, any interested person may 417) and the Generic Animal Drug and constellatus), B. fragilis, B. petition FDA for a determination Patent Term Restoration Act (Public thetaiotaomicron, B. uniformis, B. regarding whether the applicant for Law 100–670) generally provide that a vulgatus, Clostridium perfringens, and extension acted with due diligence patent may be extended for a period of Peptostreptococcus micros. Subsequent during the regulatory review period by up to 5 years so long as the patented to this approval, the Patent and August 15, 2007. To meet its burden, the item (human drug product, animal drug Trademark Office received a patent term petition must contain sufficient facts to product, medical device, food additive, restoration application for TYGACIL merit an FDA investigation. (See H. or color additive) was subject to (U.S. Patent No. 5,494,903) from Wyeth Rept. 857, part 1, 98th Cong., 2d sess., regulatory review by FDA before the Holdings Corp., and the Patent and pp. 41–42, 1984.) Petitions should be in item was marketed. Under these acts, a Trademark Office requested FDA’s the format specified in 21 CFR 10.30. product’s regulatory review period assistance in determining this patent’s Comments and petitions should be forms the basis for determining the eligibility for patent term restoration. In submitted to the Division of Dockets amount of extension an applicant may a letter dated June 14, 2006, FDA Management. Three copies of any receive. advised the Patent and Trademark mailed information are to be submitted, A regulatory review period consists of Office that this human drug product had except that individuals may submit one two periods of time: A testing phase and undergone a regulatory review period copy. Comments are to be identified an approval phase. For human drug and that the approval of TYGACIL with the docket number found in products, the testing phase begins when represented the first permitted brackets in the heading of this the exemption to permit the clinical commercial marketing or use of the document. investigations of the human drug product. Shortly thereafter, the Patent Comments and petitions may be seen product becomes effective and runs and Trademark Office requested that in the Division of Dockets Management

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between 9 a.m. and 4 p.m., Monday 12777, section 8(g) (see 56 FR 54757; DEPARTMENT OF HOUSING AND through Friday. October 22, 1991) for purposes of URBAN DEVELOPMENT Dated: February 3, 2007. certifying advisory councils, or groups, Jane A. Axelrad, subject to the Act. On March 3, 1992, [Docket No. FR–48787–N–05] Associate Director for Policy, Center for Drug the Secretary redelegated that authority Evaluation and Research. to the Commandant of the USCG (see 57 Final Guidance on Federal Financial [FR Doc. E7–2805 Filed 2–15–07; 8:45 am] FR 8582; March 11, 1992). The Assistance Recipients Regarding Title VI Prohibition Against National Origin BILLING CODE 4160–01–S Commandant redelegated that authority to the Chief, Office of Marine Safety, Discrimination Affecting Limited Security and Environmental Protection English Proficient Persons: (G–M) on March 19, 1992 (letter #5402). Announcement of Rescheduled DEPARTMENT OF HOMELAND Meeting SECURITY On July 7, 1993, the USCG published a policy statement, 58 FR 36504, to AGENCY: Office of the Assistant Coast Guard clarify the factors that shall be Secretary for Fair Housing and Equal [CGD17–07–001] considered in making the determination Opportunity, HUD. as to whether advisory councils, or ACTION: Notice; Announcement of Prince William Sound Regional groups, should be certified in Rescheduled Meeting. Citizens’ Advisory Council accordance with the Act. (PWSRCAC) Charter Renewal The Assistant Commandant for SUMMARY: On January 25, 2007, HUD AGENCY: Coast Guard, DHS. Marine Safety and Environmental announced through Federal Register Protection (G–M), redelegated notice a February 13, 2007, meeting to ACTION: Notice of Recertification. recertification authority for advisory discuss HUD’s final guidance on SUMMARY: Under the Oil Terminal and councils, or groups, to the Commander, ‘‘Federal Financial Assistance Regarding Tanker Environmental Oversight Act of Seventeenth Coast Guard District on Title VI Prohibition against National 1990, the Coast Guard may certify on an February 26, 1999 (letter #16450). Origin Discrimination Affecting Limited English Proficient Persons’’ (LEP Final annual basis, an alternative voluntary On September 16, 2002, the USCG advisory group in lieu of a regional Guidance). This meeting has been published a policy statement, 67 FR rescheduled for February 28, 2007, and citizens’ advisory council for Prince 58440, that changed the recertification William Sound, Alaska. This the meeting will run from 3 p.m. to 5 procedures such that applicants are certification allows the PWSRCAC to p.m. (which is also a change from the required to provide the USCG with monitor the activities of terminal February 13, 2007, meeting time of 2 comprehensive information every three facilities and crude oil tankers under the p.m. to 4 p.m.). Prince William Sound Program years (triennially). For each of the two Additionally, HUD’s LEP Final established by the statute. The purpose years between the triennial application Guidance was scheduled to become of this notice is to inform the public that procedure, applicants submit a letter effective on February 21, 2007. By the Coast Guard has recertified the requesting recertification that includes a notice published elsewhere in today’s alternative voluntary advisory group for description of any substantive changes Federal Register, the effective date of Prince William Sound, Alaska. to the information provided at the the guidance is now March 7, 2007. previous triennial recertification. DATES: This recertification is effective DATES: HUD will conduct the meeting Further, public comment is not solicited for the period from March 1, 2007 on LEP Final Guidance on February 28, through February 28, 2008. prior to recertification during 2007. streamlined years, only during the FOR FURTHER INFORMATION CONTACT: You triennial comprehensive review. ADDRESS: The LEP Guidance meeting may request a copy of the recertification will be held from 3 p.m. to 5 p.m. letter by writing to Commander, Recertification (Eastern time) on February 28, 2007, at Seventeenth Coast Guard District (dpi), HUD Headquarters for which the by phone at (907)463–2809, or by mail By letter dated January 30, 2007, the address is the Department of Housing at P.O. Box 25517, Juneau, Alaska Commander, Seventeenth Coast Guard and Urban Development, 451 Seventh 99802. certified that the PWSRCAC qualifies as Street, SW., Washington, DC. HUD is no SUPPLEMENTARY INFORMATION: an alternative voluntary advisory group longer soliciting participation in the under 33 U.S.C. 2732(o). This meeting. Background and Purpose recertification terminates on February As part of the Oil Pollution Act of 28, 2008. FOR FURTHER INFORMATION CONTACT: 1990, Congress passed the Oil Terminal Pamela D. Walsh, Director, Program Dated: January 30, 2007. Standards and Compliance Division, and Oil Tanker Environmental Arthur E. Brooks, Oversight and Monitoring Act of 1990 Office of Fair Housing and Equal (the Act), 33 U.S.C. 2732, to foster a Rear Admiral, U.S. Coast Guard, Commander, Opportunity, Department of Housing Seventeenth Coast Guard District. long-term partnership among industry, and Urban Development 451 Seventh government, and local communities in [FR Doc. E7–2824 Filed 2–15–07; 8:45 am] Street, SW., Room 5226, Washington, overseeing compliance with BILLING CODE 4910–15–P DC 20410–0500; telephone (202) 402– environmental concerns in the 2288 (this is not a toll-free number). operation of crude oil terminals and oil Persons with hearing or speech tankers. disabilities may access this number On October 18, 1991, the President through TTY by calling the toll-free delegated his authority under 33 U.S.C Federal Information Relay Service at 2732 (o) to the Secretary of (800) 877–8339. Transportation in Executive Order SUPPLEMENTARY INFORMATION

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Background DEPARTMENT OF HOUSING AND implementing regulations, recipients of URBAN DEVELOPMENT federal financial assistance have a On January 22, 2007, HUD published responsibility to ensure meaningful [Docket No. FR–4878–N–04] in the Federal Register (72 FR 2732) access to programs and activities by LEP final guidance to help recipients of Final Guidance to Federal Financial persons. HUD’s LEP Final Guidance can federal financial assistance take Assistance Recipients Regarding Title be found at http://www.hud.gov/offices/ reasonable steps to meet their regulatory VI Prohibition Against National Origin fheo/promotingfh/lep.cfm. This and statutory obligations to ensure that Discrimination Affecting Limited guidance was scheduled to become LEP persons have meaningful access to English Proficient Persons: Change in effective on February 21, 2007. HUD programs and activities. Under Effective Date of Final Guidance In order to allow HUD to brief Title VI of the Civil Rights Act of 1964 interested members of the public and (Title VI) and its implementing AGENCY: Office of the Assistant affected parties, HUD is moving the regulations, recipients of federal Secretary for Fair Housing and Equal effective date to March 7, 2007. HUD’s financial assistance have a Opportunity, HUD. briefing was originally scheduled for responsibility to ensure meaningful ACTION: Notice: Change in Effective Date February 13, 2007, and has been access to programs and activities by LEP of Final Guidance. rescheduled. Please see rescheduled persons. meeting notice published elsewhere in SUMMARY: Through this notice, HUD today’s Federal Register. The January 22, 2007, LEP Final advises members of the public that its Dated: February 12, 2007. Guidance was preceded by proposed final ‘‘Guidance to Federal Financial guidance published on December 19, Assistance Recipients Regarding Title VI Kim Kendrick, 2003 (68 FR 70968) for which HUD Prohibition Against National Origin Assistant Secretary for Fair Housing and solicited public comment. The LEP Discrimination Affecting Limited Equal Opportunity. Final Guidance takes into consideration English Proficient (LEP) Persons,’’ as [FR Doc. E7–2813 Filed 2–15–07; 8:45 am] the public comments received on the required by Executive Order (EO) 13166, BILLING CODE 4210–67–P December 19, 2003, proposed guidance. published in the Federal Register on There are no significant changes January 22, 2007, and scheduled to between the proposed guidance and the become effective on February 21, 2007, DEPARTMENT OF THE INTERIOR will now become effective on March 7, final guidance. However, for purposes of Fish and Wildlife Service clarification, several minor changes 2007. HUD is moving the effective date to were made in Appendix A, and a new Receipt of Application of Endangered March 7, 2007, in order to allow HUD Appendix B has been added to the Species Recovery Permits the opportunity to brief interested Guidance. Appendix B, ‘‘Questions and members of the public on the guidance AGENCY: Answers (Q&A),’’ responds to frequently Fish and Wildlife Service, before it takes effect. A meeting for this Interior. asked questions (FAQs) related to purpose originally scheduled to be held providing meaningful access to LEP ACTION: Notice of availability and at HUD Headquarters on February 13, receipt of applications. persons. HUD’s LEP Final Guidance can 2007, had to be rescheduled for be found at http://www.hud.gov/offices/ February 28, 2007. Please see notice SUMMARY: We announce our receipt of fheo/promotingfh/lep.cfm. published elsewhere in today’s Federal applications to conduct certain February 28, 2007 Meeting Register. Therefore, HUD is moving the activities pertaining to enhancement of effective date of the final guidance to survival of endangered species. HUD will hold a meeting on the March 7, 2007. DATES: Written comments on this guidance on February 28, 2007, from 3 DATES: Effective Date: March 7, 2007. request for a permit must be received by p.m. to 5 p.m., at HUD Headquarters. FOR FURTHER INFORMATION CONTACT: March 19, 2007. Interested members of the public were Pamela D. Walsh, Director, Program ADDRESSES: Written data or comments earlier invited to attend this meeting, Standards and Compliance Division, should be submitted to the Assistant originally scheduled for February 13, Office of Fair Housing and Equal Regional Director, Fisheries-Ecological 2007, by notice published in the Federal Opportunity, Department of Housing Services, U.S. Fish and Wildlife Service, Register on January 25, 2007 (72 FR and Urban Development, 451 Seventh P.O. Box 25486, Denver Federal Center, 3404). HUD is no longer soliciting Street, SW., Room 5226, Washington DC Denver, Colorado 80225–0486; facsimile participation in this meeting. Interested 20410, telephone: (202) 402–2288 (this 303–236–0027. Documents and other parties who contacted HUD by the is not a toll-free number). Persons with information submitted with these response deadline of February 9, 2007, hearing or speech impairments may applications are available for review, have received notification of access this number via TTY by calling subject to the requirements of the confirmation to participate in the the toll-free Federal Information Relay Privacy Act [5 U.S.C. 552A] and meeting. Service at (800) 877–8339. Freedom of Information Act [5 U.S.C. SUPPLEMENTARY INFORMATION: On 552], by any party who submits a Dated: February 12, 2007. January 22, 2007, HUD published in the request for a copy of such documents Kim Kendrick, Federal Register (72 FR 2732) final within 30 days of the date of publication Assistant Secretary for Fair Housing and guidance to help recipients of federal of this notice to Kris Olsen, by mail or Equal Opportunity. financial assistance take reasonable by telephone at 303–236–4256. All [FR Doc. E7–2811 Filed 2–15–07; 8:45 am] steps to meet their regulatory and comments received from individuals BILLING CODE 4210–67–P statutory obligations to ensure that LEP become part of the official public persons have meaningful access to HUD record. programs and activities (LEP Final SUPPLEMENTARY INFORMATION: The Guidance). Under Title VI of the Civil following applicants have requested Rights Act of 1964 (Title VI) and its issuance of enhancement of survival

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permits to conduct certain activities SUPPLEMENTARY INFORMATION: The Colorado, TE–051368. The applicant with endangered species pursuant to following applicants have requested requests a renewed permit to take Clay- section 10(a)(1)(A) of the Endangered issuance of enhancement of survival loving wild buckwheat (Eriogonum Species Act of 1973, as amended (16 permits to conduct certain activities pelinophilum), Dudley Bluffs U.S.C. 1531 et seq.). with endangered species pursuant to bladderpod (Lesquerella congesta), Applicants: Omaha’s Henry Doorly section 10(a)(1)(A) of the Endangered Dudley Bluffs twinpod (Physaria Zoo, Omaha, Nebraska, TE–053961; Species Act of 1973, as amended (16 obcordata), Knowlton cactus Turner Endangered Species Fund, U.S.C. 1531 et seq.). (Pediocactus knowltonii), North Park Cimarron, New Mexico, TE–051139; Applicants: Detroit Zoological phacelia (Phacelia formosula), Louisville Zoological Gardens, Institute, Detroit, Michigan, TE–056003, Osterhout milk-vetch (Astragalus Louisville, Kentucky, TE–051826; and St. Louis Zoological Park, St. Louis, osterhoutii), Penland alpine fen mustard Phoenix Zoo, Phoenix, Arizona, TE– Missouri, TE–051140. The applicants (Eutrema penlandii), and Penland 051832; National Zoo, Front Royal, request permits to possess Wyoming beardtongue (Penstemon penlandii) in Virginia, TE–051828; National Zoo, toad (Bufo baxteri) for public display conjunction with recovery activities Washington, DC, TE–051827; and Lee and propagation in conjunction with throughout the species’ range for the Richardson Zoo, Garden City, Kansas, recovery activities for the purpose of purpose of enhancing their survival and TE–051825. enhancing its survival and recovery. recovery. The applicants request renewed Applicants: Bureau of Land Applicant: Montana Department of permits to possess black-footed ferrets Management, Kanab Field Office, Fish, Wildlife and Parks, Helena, (Mustela nigripes) for public display Kanab, Utah, TE–057401; SWCA Montana, TE–047250. The applicant and propagation in conjunction with Environmental Consultants, Broomfield, requests a renewed permit to take black- recovery activities for the purpose of Colorado, TE–047252; and, Earthtouch footed ferret (Mustela nigripes), Interior enhancing their survival and recovery. Environmental Consulting, Provo, Utah, least tern (Sternula antillarum), pallid Dated: January 4, 2007. TE–060668. The applicants request sturgeon (Scaphirhynchus albus), and renewed permits to take Southwestern Mike Stempel, piping plover (Charadrius melodus) in willow flycatcher (Empidonax traillii Acting Regional Director, Denver, Colorado. conjunction with recovery activities extimus) in conjunction with recovery throughout the species’ range for the [FR Doc. E7–2746 Filed 2–15–07; 8:45 am] activities throughout the species’ range purpose of enhancing their survival and BILLING CODE 4310–55–P for the purpose of enhancing its survival recovery. and recovery. Applicant: National Park Service, Applicant: Brigham Young DEPARTMENT OF THE INTERIOR Wind Cave National Park, Hot Springs, University, Department of Integrative South Dakota, TE–145050. The Fish and Wildlife Service Biology, Provo, Utah, TE–060645. The applicant requests a permit to take applicant requests a renewed permit to black-footed ferret (Mustela nigripes) in Receipt of Application of Endangered take June sucker (Gila cypha) in conjunction with recovery activities Species Recovery Permits conjunction with recovery activities throughout the species’ range for the throughout the species’ range for the purpose of enhancing its survival and AGENCY: Fish and Wildlife Service, purpose of enhancing its survival and recovery. Interior. recovery. ACTION: Notice of availability and Applicant: University of Wyoming, Dated: January 23, 2007. receipt of applications. Wyoming Natural Diversity Database, James J. Slack, Laramie, Wyoming, TE–085324. The Deputy Regional Director, Denver, Colorado. SUMMARY: We announce our receipt of applicant requests a renewed permit to [FR Doc. E7–2747 Filed 2–15–07; 8:45 am] applications to conduct certain take blowout penstemon (Penstemon BILLING CODE 4310–55–P activities pertaining to enhancement of haydenii) in conjunction with recovery survival of endangered species. activities throughout the species’ range DATES: Written comments on this for the purpose of enhancing its survival DEPARTMENT OF THE INTERIOR request for a permit must be received by and recovery. Fish and Wildlife Service March 19, 2007. Applicant: Craig Kling TRC Mariah ADDRESSES: Written data or comments Associates, Inc., Laramie, Wyoming, Receipt of Application of Endangered should be submitted to the Assistant TE–052582. The applicant requests a Species Recovery Permits Regional Director-Ecological Services, renewed permit to take Southwestern U.S. Fish and Wildlife Service, P.O. Box willow flycatcher (Empidonax traillii AGENCY: Fish and Wildlife Service, 25486, Denver Federal Center, Denver, extimus) and black-footed ferret Interior. Colorado 80225–0486; facsimile 303– (Mustela nigripes) in conjunction with ACTION: Notice of availability and 236–0027. Documents and other recovery activities throughout the receipt of applications. information submitted with these species’ range for the purpose of applications are available for review, enhancing their survival and recovery. SUMMARY: We announce our receipt of subject to the requirements of the Applicant: U.S. Geological Survey, applications to conduct certain Privacy Act [5 U.S.C. 552A] and Conte Anadromous Fish Research activities pertaining to enhancement of Freedom of Information Act [5 U.S.C. Center, Turner Falls, Massachusetts, survival of endangered species. 552], by any party who submits a TE–059381. The applicant requests a DATES: Written comments on this request for a copy of such documents renewed permit to take pallid sturgeon request for a permit must be received by within 30 days of the date of publication (Scaphirhynchus albus) in conjunction March 19, 2007. of this notice to Kris Olsen, by mail or with recovery activities throughout the ADDRESSES: Written data or comments by telephone at 303–236–4256. All species’ range for the purpose of should be submitted to the Assistant comments received from individuals enhancing its survival and recovery. Regional Director, Fisheries-Ecological become part of the official public Applicant: Colorado State Parks, Services, U.S. Fish and Wildlife Service, record. Natural Areas Program, Denver, P.O. Box 25486, Denver Federal Center,

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Denver, Colorado 80225–0486; facsimile Resources, Salt Lake City, Utah, TE– Applicant—Wildlife Specialties, 303–236–0027. Documents and other 047266. The applicant requests a Lyons, Colorado, TE–080647. The information submitted with these renewed permit to take black-footed applicant requests a permit amendment applications are available for review, ferret (Mustela nigripes), bonytail (Gila to add surveys for Southwestern willow subject to the requirements of the elegans), Colorado pikeminnow flycatchers (Empidonax traillii extimus) Privacy Act [5 U.S.C. 552A] and (Ptychocheilus lucius), Humpback chub in Arizona, in conjunction with Freedom of Information Act [5 U.S.C. (Gila cypha), June sucker (Chasmistes recovery activities throughout the 552], by any party who submits a liorus), razorback sucker (Xyrauchen species’ range for the purpose of request for a copy of such documents texanus), Southwestern willow enhancing its survival and recovery. within 30 days of the date of publication flycatcher (Empidonax traillii extimus), Dated: January 29, 2007. of this notice to Kris Olsen, by mail or Virgin River chub (Gila robusta James J. Slack, by telephone at 303–236–4256. All seminuda), and woundfin (Plagopterus Deputy Regional Director, Denver, Colorado. comments received from individuals argentissimus) in conjunction with become part of the official public recovery activities throughout the [FR Doc. E7–2750 Filed 2–15–07; 8:45 am] record. species’ range for the purpose of BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION: The enhancing their survival and recovery. following applicants have requested Applicant—Denver Botanic Gardens, DEPARTMENT OF THE INTERIOR issuance of enhancement of survival Denver, Colorado, TE–106182. The permits to conduct certain activities applicant requests a renewed permit to Fish and Wildlife Service with endangered species pursuant to take San Rafael cactus (Pediocactus section 10(a)(1)(A) of the Endangered despainii) in conjunction with recovery Receipt of Applications for Species Act of 1973, as amended (16 activities throughout the species’ range Endangered Species Permits U.S.C. 1531 et seq.). for the purpose of enhancing its survival and recovery. AGENCY: Fish and Wildlife Service, Applicant—Colorado State Interior. University, Larval Fish Laboratory, Fort Applicant—HDR Engineering, Salt ACTION: Notice. Collins, Colorado, TE–056079. The Lake City, Utah, TE–058896. The applicant requests a renewed permit to applicant requests a renewed permit to SUMMARY: The public is invited to take Colorado pikeminnow take Southwestern willow flycatcher comment on the following applications (Ptychocheilus lucius) in conjunction (Empidonax traillii extimus) in to conduct certain activities with with recovery activities throughout the conjunction with recovery activities endangered species. throughout the species’ range for the species’ range for the purpose of DATES: We must receive written data or purpose of enhancing its survival and enhancing its survival and recovery. comments on these applications at the recovery. Applicant—Prairie Wildlife Research, address given below, by March 19, 2007. Inc., Wellington, Colorado, TE–064682. Applicant—Red Butte Botanic Garden ADDRESSES: Documents and other The applicant requests a renewed and Arboretum, Salt Lake City, Utah, TE–049109. The applicant requests a information submitted with these permit to take black-footed ferret applications are available for review, (Mustela nigripes) in conjunction with renewed permit to take Autumn buttercup (Ranunculus acriformis subject to the requirements of the recovery activities throughout the Privacy Act and Freedom of Information species’ range for the purpose of aestivalis), Barnaby reed-mustard (Schoenocrambe barnebyi), Barnaby Act, by any party who submits a written enhancing its survival and recovery. request for a copy of such documents to Applicant—Bureau of Land ridge-cress (Lepidium barnebyanum), clay phacelia (Phacelia argillacea), the following office within 30 days of Management, Moab Field Office, Moab, the date of publication of this notice: Utah, TE–59105. The applicant requests Holmgren milk-vetch (Astragalus holmgreniorum), and Kodachrome Fish and Wildlife Service, 1875 Century a renewed permit to take Southwestern Boulevard, Suite 200, Atlanta, Georgia willow flycatcher (Empidonax traillii bladderpod (Lesquerella tumulosa) in conjunction with recovery activities 30345 (Attn: Victoria Davis, Permit extimus) in conjunction with recovery Biologist). activities throughout the species’ range throughout the species’ range for the for the purpose of enhancing its survival purpose of enhancing their survival and FOR FURTHER INFORMATION CONTACT: and recovery. recovery. Victoria Davis, telephone 404/679–4176; Applicant—Toledo Zoological Applicant—Kansas Department of facsimile 404/679–7081. Gardens, Toledo, Ohio, TE–052627. The Health and Environment, Topeka, SUPPLEMENTARY INFORMATION: The applicant requests a renewed permit to Kansas, TE–064685. The applicant public is invited to comment on the take Wyoming toad (Bufo baxteri) in requests a renewed permit to take following applications for permits to conjunction with recovery activities Topeka shiner (Notropis topeka) and conduct certain activities with throughout the species’ range for the pallid sturgeon (Scaphirhynchus albus) endangered and threatened species. purpose of enhancing its survival and in conjunction with recovery activities This notice is provided under section recovery. throughout the species’ range for the 10(c) of the Endangered Species Act of Applicant—East Dakota Water purpose of enhancing their survival and 1973, as amended (16 U.S.C. 1531 et Development District, Brookings, South recovery. seq.). If you wish to comment, you may Dakota, TE–056001. The applicant Applicant—Cedar Creek Associates, submit comments by any one of the requests a renewed permit to take Fort Collins, Colorado, TE–050704. The following methods. You may mail Topeka shiner (Notropis topeka) in applicant requests a renewed permit to comments to the Service’s Regional conjunction with recovery activities take Southwestern willow flycatchers Office (see ADDRESSES section) or via throughout the species’ range for the (Empidonax traillii extimus) in electronic mail (e-mail) to purpose of enhancing its survival and conjunction with recovery activities [email protected]. Please include recovery. throughout the species’ range for the your name and return address in your Applicant—Utah Division of Wildlife purpose of enhancing its survival and e-mail message. If you do not receive a Resources, Department of Natural recovery. confirmation from the Service that we

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have received your e-mail message, The applicant requests authorization DATES: We must receive written data or contact us directly at the telephone to take (receive, hold, rehabilitate, comments on these applications at the number listed above (see FOR FURTHER release, euthanize) the Kemp’s Ridley address given below, by March 19, 2007. INFORMATION CONTACT section). Finally, sea turtle (Lepidochelys kempii), ADDRESSES: Documents and other you may hand deliver comments to the Hawksbill sea turtle (Eretmochelys information submitted with these Service office listed above (see imbricata), leatherback sea turtle applications are available for review, ADDRESSES section). (Dermochelys coriacea), green sea turtle subject to the requirements of the Our practice is to make comments, (Chelonia mydas), loggerhead sea turtle Privacy Act and Freedom of Information including names and home addresses of (Caretta caretta), and Olive Ridley sea Act, by any party who submits a written respondents, available for public review turtle (Lepidochelys olivacea) while request for a copy of such documents to during regular business hours. providing medical treatment and the following office within 30 days of Individual respondents may request that rehabilitation services. The proposed the date of publication of this notice: we withhold their home address from activities would occur at the Marinelife Fish and Wildlife Service, 1875 Century the administrative record. We will Center of Juno Beach, Juno Beach, Boulevard, Suite 200, Atlanta, Georgia honor such requests to the extent Florida. 30345 (Attn: Victoria Davis, Permit allowable by law. There may also be Applicant: Bernard R, Kuhajda, Biologist). other circumstances in which we would University of Alabama, Tuscaloosa, FOR FURTHER INFORMATION CONTACT: withhold from the administrative record Alabama; TE137403–0. Victoria Davis, telephone 404–679– a respondent’s identity, as allowable by The applicant requests authorization 4176; facsimile 404–679–7081. law. If you wish us to withhold your to take (capture, collect tissues, collect name and address, you must state this SUPPLEMENTARY INFORMATION: The vouchers, ear tag, release) the watercress prominently at the beginning of your public is invited to comment on the darter (Etheostoma nuchale) while comments. However, we will not following applications for permits to conducting presence/absence surveys, consider anonymous comments. We conduct certain activities with abundance/life history surveys, and will make all submissions from endangered and threatened species. genetic and life history studies. The organizations or businesses, and from This notice is provided under section proposed activities would occur in 10(c) of the Endangered Species Act of individuals identifying themselves as stream and spring tributaries to the 1973, as amended (16 U.S.C. 1531 et representatives or officials of lower Locust Fork, lower Mulberry seq.). If you wish to comment, you may organizations or businesses, available Fork, and upper Black Warrior River in submit comments by any one of the for public inspection in their entirety. Jefferson, Walker, and Tuscaloosa following methods. You may mail Applicant: SeaWorld Orlando, John M. counties, Alabama. comments to the Fish and Wildlife Kerivan, Jr., Orlando, Florida, Service’s Regional Office (see TE134265–0. Applicant: Steven Bryan Castleberry, University of Georgia, Athens, ADDRESSES section) or via electronic The applicant requests authorization mail (e-mail) to [email protected]. to take (receive, hold, rehabilitate, Georgia, TE137411–0. The applicant requests authorization Please include your name and return release, euthanize) the Kemp’s Ridley address in your e-mail message. If you sea turtle (Lepidochelys kempii), to take (capture, mark, release) the Key Largo cotton mouse (Peromyscus do not receive a confirmation from the Hawksbill sea turtle (Eretmochelys Fish and Wildlife Service that we have imbricata), leatherback sea turtle gossypinus allapaticola) and Key Largo woodrat (Neotoma floridana smalli) received your e-mail message, contact (Dermochelys coriacea), green sea turtle us directly at the telephone number (Chelonia mydas), loggerhead sea turtle while conducting population listed above (see FOR FURTHER (Caretta caretta), and Olive Ridley sea monitoring activities. The proposed INFORMATION CONTACT section). Finally, turtle (Lepidochelys olivacea) while activities would occur on the Crocodile Lake National Wildlife Refuge and the you may hand deliver comments to the providing medical treatment and Fish and Wildlife Service office listed rehabilitation services. The proposed Dagny Johnson Key Largo Hammock above (see ADDRESSES section). activities would occur at Sea World Botanical State Park, Monroe County, Florida. Our practice is to make comments, Orlando, Florida. including names and home addresses of Applicant: Marine Life Center of Juno Dated: October 18, 2006. respondents, available for public review Beach, Lawrence D. Wood, Juno Jeffrey M. Fleming, during regular business hours. Beach, Florida, TE136808–0. Acting Regional Director. Individual respondents may request that The applicant requests authorization [FR Doc. E7–2751 Filed 2–15–07; 8:45 am] we withhold their home address from to take (receive, hold, rehabilitate, BILLING CODE 4310–55–P the administrative record. We will release, euthanize) the Kemp’s Ridley honor such requests to the extent sea turtle (Lepidochelys kempii), allowable by law. There may also be Hawksbill sea turtle (Eretmochelys DEPARTMENT OF THE INTERIOR other circumstances in which we would imbricata), leatherback sea turtle withhold from the administrative record (Dermochelys coriacea), green sea turtle Fish and Wildlife Service a respondent’s identity, as allowable by (Chelonia mydas), loggerhead sea turtle law. If you wish us to withhold your Receipt of Applications for (Caretta caretta), and Olive Ridley sea name and address, you must state this Endangered Species Permits turtle (Lepidochelys olivacea) while prominently at the beginning of your providing medical treatment and AGENCY: Fish and Wildlife Service, comments. However, we will not rehabilitation services. The proposed Interior. consider anonymous comments. We activities would occur at the Marinelife ACTION: Notice. will make all submissions from Center of Juno Beach, Juno Beach, organizations or businesses, and from Florida. SUMMARY: The public is invited to individuals identifying themselves as Applicant: Theater of the Sea, Phelps comment on the following applications representatives or officials of Felix McKenney, Islamorada, Florida to conduct certain activities with organizations or businesses, available TE136811–0. endangered species. for public inspection in their entirety.

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Applicant: Ana E. Hiott, Norman, available for review, subject to the collect the following species within Oklahoma, TE140941–0 requirements of the Privacy Act and Texas: Batrisodes texanus (Coffin Cave The applicant requests authorization Freedom of Information Act. Documents mold beetle), Batrisodes venyivi to take (capture, release, translocate) the will be available for public inspection, (Helotes mold beetle), Cicurina baronia American burying beetle (Nicrophorus by appointment only, during normal (Robber Baron Cave meshweaver), americanus) while conducting business hours at the U.S. Fish and Cicurina madla (Madla’s cave presence/absence surveys and Wildlife Service, 500 Gold Ave., SW., meshweaver), Cicurina venii (Braken relocation activities. The activities Room 4102, Albuquerque, New Mexico. Bat Cave meshweaver), Cicurina vespera would occur throughout the species Please refer to the respective permit (Government Canyon Bat Cave number for each application when range in Arkansas and Oklahoma. meshweaver), Neoleptoneta microps submitting comments. All comments (Government Canyon Bat Cave spider), Applicant: Big Cypress National received, including names and Neoleptoneta myopica (Tooth Cave Preserve, Deborah Kay Jansen, addresses, will become part of the spider), Rhadine exilis (ground beetle, Ochopee, Florida, TE141818–0 official administrative record and may no common name), Rhadine infernalis The applicant requests authorization be made available to the public. (ground beetle, no common name), to take (capture, release, transport, FOR FURTHER INFORMATION CONTACT: Rhadine persephone (Tooth Cave chemically immobilize, hold Chief, Endangered Species Division, ground beetle), Tartarocreagris texana temporarily, radio collar, take tissue and P.O. Box 1306, Room 4102, (Tooth Cave pseudoscorpion), blood samples, provide medical Albuquerque, New Mexico 87103, (505) Texamaurops reddelli (Kretschmarr treatment, release) the Florida panther 248–6920. Cave mold beetle), Texella (Puma concolor coryi) while SUPPLEMENTARY INFORMATION: cokendolpheri (Cokendolpher cave harvestman), Texella reddelli (Bee Creek maintaining a healthy panther Permit No. TE–141246 population, assessing the habitat Cave harvestman), and Texella reyesi potential to support panthers, Applicant: Canyon de Chelly, Chinle, (Bone Cave harvestman). Arizona. Applicant requests a new monitoring the effects of the genetic Permit No. TE–829996 restoration project, and making sound permit for research and recovery management decisions regarding the purposes to conduct presence/absence Applicant: Houston Zoo, Inc., increasing recreational demands on the surveys for the southwestern willow Houston, Texas. Applicant requests an resources as well as the proposed flycatcher (Empidonax traillii extimus) amendment to an existing permit for restoration projects affecting the Big within Arizona. research and recovery purposes to establish and maintain captive breeding Cypress National Preserve. The Permit No. TE–141253 facilities for Barton Springs salamander proposed activities would occur on the Applicant: Priscilla Crawford, Big Cypress National Preserve, Collier, (Eurycea sosorum) and Houston toad Norman, Oklahoma. Applicant requests (Bufo houstonensis) within Texas. Dade, and Monroe Counties, Florida. a new permit for research and recovery Dated: December 19, 2006. purposes to conduct presence/absence Authority: 16 U.S.C. 1531, et seq. Cynthia Dohner, surveys for the interior least tern (Sterna Dated: December 27, 2006. Acting Regional Director. antillarum) within Oklahoma. Nancy J. Gloman, [FR Doc. E7–2752 Filed 2–15–07; 8:45 am] Permit No. TE–024789 Acting Regional Director, Region 2, BILLING CODE 4310–55–P Albuquerque, New Mexico. Applicant: Douglas Colby Henley, Tucson, Arizona. Applicant requests an [FR Doc. 07–716 Filed 2–15–07; 8:45 am] BILLING CODE 4310–55–M DEPARTMENT OF THE INTERIOR amendment to an existing permit to conduct presence/absence surveys for Fish and Wildlife Service the following species within Arizona, DEPARTMENT OF THE INTERIOR New Mexico, and Texas: Interior least Endangered and Threatened Species tern (Sterna antillarum), northern Bureau of Land Management Permit Applications aplomado falcon (Falco femoralis septentrionalis), and southwestern [WY–100–07–1610–DP] AGENCY: Fish and Wildlife Service, willow flycatcher (Empidonax traillii Notice of Availability of the Pinedale Interior. extimus). ACTION: Notice of receipt of applications. Draft Resource Management Plan Permit No. TE–142723 Revision and Environmental Impact SUMMARY: The following applicants have Applicant: Texas Department of Statement applied for scientific research permits to Transportation, Austin, Texas. AGENCY: Bureau of Land Management, conduct certain activities with Applicant requests a new permit for endangered species pursuant to section Interior. research and recovery purposes to ACTION: Notice of availability. 10(a)(1)(A) of the Endangered Species conduct presence/absence surveys for Act of 1973, as amended. the following species within Texas: SUMMARY: In accordance with the DATES: To ensure consideration, written jaguarundi (Herpailurus yagouaroundi National Environmental Policy Act of comments must be received on or before cacomitli), ocelot (Leopardus pardalis), 1969 (NEPA, 42 U.S.C. 4321 et seq.) and March 19, 2007. black-capped vireo (Vireo atricapillus), the Federal Land Policy and ADDRESSES: Written comments should golden-cheeked warbler (Dendroica Management Act of 1976 (FLPMA, 43 be submitted to the Chief, Endangered chrysoparia), northern aplomado falcon U.S.C. 1701 et seq.) the Bureau of Land Species Division, Ecological Services, (Falco femoralis septentrionalis), red- Management (BLM) announces the P.O. Box 1306, Room 4102, cockaded woodpecker (Picoides availability of the Pinedale Draft Albuquerque, New Mexico 87103. borealis), and Houston toad (Bufo Resource Management Plan Revision Documents and other information houstonensis). Additionally, applicant and Environmental Impact Statement submitted with these applications are requests authorization to survey for and (Draft RMP/EIS).

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DATES: The Draft RMP/EIS will be Since completion of the Pinedale RMP, 2. Access to and transportation available for public review for 90 as amended and maintained, new systems on public lands; calendar days from the date the information and changed conditions 3. Land ownership pattern Environmental Protection Agency (EPA) within the planning area have resulted adjustments; publishes its Notice of Availability in a need for the BLM to update that 4. Fire management; (NOA) in the Federal Register. The BLM RMP. These changes include but are not 5. Livestock grazing and vegetation can best use comments and resource limited to: increased oil and gas management, including management of information submitted within this exploration and development activities, non-native and invasive species; review period. heightened public awareness of and 6. Air and water quality; To ensure that the public has an interest in BLM management actions 7. Management of impacts land uses opportunity to comment on the draft and permitted uses, increasing demand and human activities to threatened, document, formal public hearings and for recreation activities on public lands, endangered, candidate and sensitive open houses will be scheduled in increasing conflicts between land uses, species, and wildlife habitat; Jackson, Rock Springs, Marbleton, and changes in national policies and 8. Management of cultural properties, Pinedale, Wyoming. All meetings, interests, and expanded scientific visual resources, paleontological hearings, or other public involvement knowledge and information. resources, recreation activities and off- activities will be announced at least 15 Consistent with Federal regulations road vehicles; days in advance through public notices, found at 43 Code of Federal Regulations 9. Existing lease rights; and 10. Potential socio-economic media news releases, Web site (CFR) 1610.2, the BLM published a consequences of implementing revised announcements, or mailings. Notice of Intent (NOI) to prepare an plan decisions. ADDRESSES: Environmental Impact Statement (EIS) Copies of the Draft RMP/EIS Based on the analyses of alternative and initiate its revision of the Pinedale have been sent to affected Federal, State management strategies and guidance RMP (1988). The plan revision process and local governments and to interested and interdisciplinary team and would include review and analyses of parties. The document will be available cooperating agencies discussions, the current conditions, consideration of electronically on the following Web site: Draft RMP\EIS ensures the sustainability new data, new or revised policies, and http://www.blm.gov/rmp/wy/pinedale. of important resources such as crucial consideration of circumstances affecting Copies of the document will be big game range and other wildlife major portions of or the entire available for public inspection during habitats, air and water quality, scenic geographic area addressed in the 1988 normal business hours at the following views, healthy vegetative cover, and soil Pinedale RMP. As part of the planning locations: stability while providing for resources • Bureau of Land Management, process, the BLM would develop goals uses such as mineral exploration and Wyoming State Office, 5353 and objectives for its management of the development, livestock grazing and Yellowstone Road, Cheyenne, Wyoming public land and resources that it range improvement, motorized and non- 82003. administers. As required by the FLPMA motorized recreation and economic • Bureau of Land Management, planning regulations, the BLM would development opportunities. Pinedale Field Office, 432 East Mill produce a revised plan and an EIS. The BLM analyzed four alternatives Street, P. O. Box 768, Pinedale, After its completion and issuance of for resource management planning in Wyoming 82941. a ROD, a revised Pinedale RMP/EIS detail: Comments may be submitted by any would establish new land allocations • Alternative 1 (No Action): of the following methods: and management guidance for the Continues the current management • Web site: http://www.blm.gov/rmp/ Pinedale planning area. Adoption of the goals, objectives and direction specified wy/pinedale, revised RMP/EIS would not alter • _ in the Pinedale RMP and ROD (1988). E-mail: pinedale [email protected], previously approved site-specific • • Facsimile: (307) 367–5329, or Alternative 2: Maximizes the • activities and developments such as the production of resource commodities Mail: Send to the contact listed natural gas development of the Jonah below. while providing an adequate level of Field and Pinedale Anticline. Existing environmental protection for other FOR FURTHER INFORMATION CONTACT: leases and development would continue resources. Kellie Roadifer, Team Leader, BLM to be managed consistent with their • Alternative 3: Provides a high level Pinedale Field Office, 432 East Mill respective operating plans and of environmental protection for wildlife Street, P.O. Box 768, Pinedale, authorizations. However, if requested by habitat and other resource values, while Wyoming 82941. Ms. Roadifer may also operators or other permit holders, the allowing the production of resources be contacted by telephone: (307) 367– BLM would consider revising leases and commodities. 5309. Requests for information may be other authorizing instruments to • Alternative 4 (BLM Preferred sent electronically to: incorporate revised RMP guidance or Alternative): Optimizes the mix of [email protected] with conditions included in its EIS ROD. resource outputs, including production Attention: ‘‘Pinedale RMP Info Request’’ The Draft RMP/EIS describes existing of resource commodities and wildlife in the subject line. conditions of the physical, biological, habitat, while providing an appropriate SUPPLEMENTARY INFORMATION: The cultural, historic, and socioeconomic level of environmental protection for all Pinedale Field Office planning area is resources of and surrounding the resources. located in Sublette and Lincoln planning area. Based on planning As established by the Pinedale RMP, Counties, Wyoming. It includes criteria and resource issues and there are two Areas of Critical approximately 922,880 acres of public concerns identified during scoping, Environmental Concern (ACEC), Rock land surface and 1,199,280 acres of alternatives for management were Creek and Beaver Creek, totaling Federal mineral estate administered by developed and impacts analyzed. approximately 8,900 acres. With the the BLM. Concerns about planning decisions to be Preferred Alternative, the BLM proposes The existing Pinedale RMP was made for the following were considered: to establish two additional ACECs: completed and its Record of Decision 1. Energy and mineral resources • Trappers Point—(4,000 acres): (ROD) signed on December 12, 1988. exploration and economic development; Values of critical concern are big game

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migration corridors, cultural and March 10, 2003; and Marbleton, March SUMMARY: In accordance with the historic properties, and livestock 11, 2003. During the scoping period the National Environmental Policy Act, the trailing. Within this ACEC, fence BLM received over 55,000 public Bureau of Land Management (BLM) has construction and surface disturbing comments. prepared a Draft Environmental Impact activities would be prohibited with the Cooperating agencies assisting BLM in Statement (EIS) for the Truckhaven exception of activities designed to the development and preparation of the Geothermal Leasing Area and by this increase big game migration viability. Draft RMP/EIS included county notice is announcing the opening of the The Area would be unavailable for oil governments, conservation districts, comment period. The main issues and gas leasing. Off-road vehicle (ORV) other Federal agencies and the State of addressed in the Draft EIS are use would be restricted to designated Wyoming. The BLM contacted tribal geothermal resource leasing, recreation, roads and trails and subject to a governments with possible interests, and special status species. The area is seasonal closure from November 15th and offered opportunities for within the California Desert through April 30th. participation in the plan revision Conservation Area (CDCA) and the • New Fork Potholes—(1,800 acres): process. In preparation of the Draft preferred alternative is in conformance Values of critical concern are waterfowl, RMP/EIS, the BLM considered all with the land use plan for the area. trumpeter swan, and riparian habitats. comments presented throughout the There are no species listed for With the exception of those that would process. Background information and protection under the Endangered benefit wildlife habitat, surface maps used in developing the Draft RMP/ Species Act (ESA) that occur in the area; disturbing activities would be EIS are available for public review at the however, the listed desert pupfish prohibited. The Area would be Pinedale Field Office. occurs within two miles of the area and unavailable for oil and gas leasing. ORV The BLM welcomes your comments. potential impacts to that species are use would be restricted to designated To facilitate analysis of comments and addressed in the Draft EIS. BLM will roads and trails. information, the public is encouraged to consult with the Fish and Wildlife Three areas were proposed for submit comments in an electronic Service on the desert pupfish. The most consideration as ACECs: Ross Butte, format either through the Web site common public use of the area currently White-tailed Prairie Dog and the Wind identified in this notice or through is motorized recreation. Impacts to River Front. While the BLM found that electronic mail. recreation are addressed in the Draft these areas meet relevance and All comment submittals must include EIS. Mitigation measures to reduce or importance criteria and effects of the commenter’s name and street eliminate conflicts with these uses have including these proposals analyzed, address. Comments including the names been developed in coordination with none of them were recommended for and street addresses of respondents will the California Department of Parks and inclusion in BLM’s Preferred be available for public review at the Recreation, a cooperating agency on the Alternative. Alternative 4 (Preferred Pinedale Field Office during its business project. These measures will apply to Alternative) would establish two hours (7:45 a.m. to 4:30 p.m.), Monday both action alternatives. Special Recreation Management Areas through Friday except for Federal DATES: BLM must receive written (SMRAs): CCC Ponds and Boulder Lake. holidays. Your comments may be comments on the Draft EIS within 60 Alternative 4 also describes special published as part of the EIS process. days following the date the management goals and objectives for Individual respondents may request Environmental Protection Agency Miller Mountain, Ross Butte, and the confidentiality. If you wish to withhold publishes their Notice of Availability in Wind River Front. your name or street address from public the Federal Register. The BLM will Much of the Pinedale planning area is review or disclosure under the Freedom announce future meetings and any other considered to have a high potential for of Information Act, you must state this public involvement activities at least 15 energy development. For those areas prominently at the beginning of your days in advance through public notices, with high potential, the Draft RMP/EIS written comments. Such requests will media news releases, and/or mailings. considers oil and gas, and wind energy be honored to the extent allowed by ADDRESSES: You may submit comments development in support of the National law. Anonymous comments will not be Energy Plan and the Energy Policy Act by e-mail to [email protected]; fax to considered. All submissions from 951–697–5299; or mail to 22835 Calle of 2005. organizations or businesses will be Performance-based land use San Juan de los Lagos, Moreno Valley, made available for public inspection in objectives would be emphasized in CA 92553. their entirety. Alternative 4 (Preferred Alternative), FOR FURTHER INFORMATION CONTACT: John and applied where appropriate in all Donald A. Simpson, Dalton, 951–697–5311. alternatives except Alternative 1 (No Associate State Director. SUPPLEMENTARY INFORMATION: The Action). The Draft RMP/EIS considers [FR Doc. E7–2678 Filed 2–15–07; 8:45 am] Truckhaven Geothermal Leasing Area and is in conformance with the BLM’s BILLING CODE 4310–22–P encompasses approximately 14,700 National Fire Plan and Healthy Forest acres of Federal minerals in western Initiative. Imperial County, California, north of The BLM published its Notice of DEPARTMENT OF THE INTERIOR State Route 78 and generally west and Intent (NOI) to prepare the revised south of County Highway S–22. The RMP/EIS in the Federal Register on Bureau of Land Management area is part of the California Desert February 25, 2002. The BLM conducted Conservation Area. The main issues open houses and mailed solicitations for Notice of Availability of Draft addressed in the Draft EIS are public comments and input. Meetings Environmental Impact Statement for geothermal resource leasing, recreation, were held to provide the public with an the Truckhaven Geothermal Leasing and special status species. Three opportunity to gain information about Area, California alternatives are analyzed in the Draft the RMP revision process and to submit AGENCY: Bureau of Land Management, EIS: (1) No action, which would not comments. Public meetings were held in Interior. lease any geothermal resources; (2) the following Wyoming communities: leasing only lands with existing ACTION: Notice of availability. Rock Springs, March 3, 2003; Pinedale, noncompetitive lease applications; and

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(3) the proposed action, which would Office, 4701 N. Torrey Pines Drive, Las 2. All valid existing rights offer all BLM managed lands within this Vegas, Nevada, 89130. documented on the official public land area for lease, subject to certain FOR FURTHER INFORMATION CONTACT: records at the time of lease/patent stipulations and mitigation measures to Sharon DiPinto, Assistant Field issuance. be applied at the development stage. Manager, Bureau of Land Management, On February 16, 2007, the land Individual respondents may request Las Vegas Field Office, at (702) 515– described above will be segregated from confidentiality. Before including your 5062. all other forms of appropriation under address, phone number, e-mail address, SUPPLEMENTARY INFORMATION: The or other personal identifying the public land laws, including the following described public land in Clark information in your comment, be general mining laws, except for lease/ County, Nevada, has been examined and advised that your entire comment— conveyance under the R&PP Act, leasing found suitable for classification for lease including your personal identifying under the mineral leasing laws, and and subsequent conveyance under the information—may be made publicly disposals under the mineral material provisions of the Recreation and Public available at any time. While you can ask disposal laws. Purposes (R&PP) Act, as amended (43 us in your comment to withhold from U.S.C. 869 et seq.), and is hereby Comments public review your personal identifying classified accordingly: Mount Diablo information, we cannot guarantee that Meridian, Nevada T. 19 S., R. 60 E., sec. Classification Comments: Interested we will be able to do so. All parties may submit comments involving 31: W1⁄2NE1⁄4SW1⁄4 SE1⁄4, submissions from organizations and the suitability of the land for a church W1⁄2SE1⁄4SW1⁄4SE1⁄4, businesses, and from individuals 1 1 1 1 and related facilities. Comments on the E ⁄2NW ⁄4SW ⁄4SE ⁄4. Containing 15 identifying themselves as acres, more or less. classification are restricted to whether representatives or officials of In accordance with the R&PP Act, the the land is physically suited for the organizations or businesses, will be Legacy Vineyard Church filed an proposal, whether the use will available for public inspection in their application for the above-described 15 maximize the future use or uses of the entirety. Copies of the Draft EIS are acres of public land to be developed as land, whether the use is consistent with available in the California Desert a church and related facilities. These local planning and zoning, or if the use District Office at the above address; the related facilities include a sanctuary is consistent with State and Federal El Centro Field Office, 1661 S. 4th St., building (offices, classrooms, kitchen, programs. El Centro, CA; and the California State restrooms, utility/storage rooms, and a Office, 2800 Cottage Way, Sacramento, Application Comments: Interested lobby), sidewalks, landscaped areas, CA. parties may submit comments regarding paved parking areas, youth athletic the specific use proposed in the Dated: January 10, 2007. fields, and off site improvements. application and plan of development, Thomas Zale, Additional detailed information whether the BLM followed proper Acting Field Manager. pertaining to this application, plan of development, and site plans is in case administrative procedures in reaching [FR Doc. E7–2682 Filed 2–15–07; 8:45 am] the decision, or any other factor not BILLING CODE 4310–40–P file N–75855 located in the BLM Las Vegas Field Office at the above address. directly related to the suitability of the Churches are a common applicant land for R&PP use. DEPARTMENT OF THE INTERIOR under the ‘‘public purposes’’ provision Confidentiality of Comments: Before of the R&PP Act. The Legacy Vineyard including your address, phone number, Bureau of Land Management Church is an Internal Revenue Service e-mail address, or other personal registered non-profit organization and identifying information in your [NV–050–5853–ES; N–75855; 7–08807] is, therefore, a qualified applicant under comment, you should be aware that the R&PP Act. your entire comment—including your Notice of Realty Recreation and Public The land is not needed for any personal identifying information—may Purposes Act Classification of Public Federal purpose. The lease/conveyance be made publicly available at any time. Lands in Clark County, NV is consistent with the Las Vegas While you can ask in your comment to Resource Management Plan dated AGENCY: Bureau of Land Management, withhold your personal identifying October 5, 1998, and would be in the Interior. information from public review, we public interest. The lease/patent, when cannot guarantee that we will be able to ACTION: Notice. issued, will be subject to the provisions of the R&PP Act and applicable do so. SUMMARY: The Bureau of Land Any adverse comments will be Management (BLM) examined and regulations of the Secretary of the reviewed by the State Director. In the found suitable for classification for lease Interior, and will contain the following absence of any adverse comments, the and subsequent conveyance under the reservations to the United States: 1. A right-of-way thereon for ditches provisions of the Recreation and Public classification of the land described in or canals constructed by the authority of Purposes (R&PP) Act, as amended, this notice will become effective April the United States, Act of August 30, approximately 15 acres of public land in 17, 2007. The lands will not be offered 1890 (43 U.S.C. 945). Clark County, Nevada. The Legacy for lease/conveyance until after the 2. All minerals together with the right Vineyard Church proposes to use the classification becomes effective. to prospect for, mine and remove such land for a church and related facilities. deposits from the same under applicable Authority: 43 CFR part 2741. DATES: Interested parties may submit law and such regulations as the Sharon DiPinto, comments regarding the proposed lease/ Secretary of the Interior may prescribe. conveyance or classification of the lands Assistant Field Manager, Division of Lands, The lease/patent will be subject to: Las Vegas, NV. until April 2, 2007. 1. An easement in favor of Clark [FR Doc. E7–2814 Filed 2–15–07; 8:45 am] ADDRESSES: Send written comments to County for roads, public utilities and the Field Manager, BLM Las Vegas Field flood control purposes. BILLING CODE 4310–HC–P

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DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Dated: August 15, 2006. Ernest Quintana, National Park Service National Park Service Director, Midwest Region. Minor Boundary Revision at Golden Availability of the Final Environmental Editorial Note: This document was Gate National Recreation Area Impact Statement/General received at the Office of the Federal Register on February 13, 2007. Management Plan for Niobrara AGENCY: National Park Service, Interior. National Scenic River, Nebraska [FR Doc. E7–2757 Filed 2–15–07; 8:45 am] ACTION: Announcement of park BILLING CODE 4312–BM–P boundary revision. AGENCY: National Park Service, Interior. SUMMARY: Notice is hereby given that SUMMARY: Pursuant to section 102(2)(C) DEPARTMENT OF THE INTERIOR the boundary of Golden Gate National of the National Environmental Policy Recreation Area is modified to include Act of 1969 (42 U.S.C. 4332(c)), the National Park Service five acres of real property adjacent to National Park Service (NPS) announces the park. This adjustment is the availability of the Final Boston Harbor Islands Advisory accomplished to include private Environmental Impact Statement/ Council; Notice of Meeting property that the owner wishes to General Management Plan (EIS/GMP) donate to the United States for the use for Niobrara National Scenic River, Notice is hereby given in accordance of Golden Gate National Recreation Area Nebraska. with the Federal Advisory Committee and which the National Park Service has Act (PL 92–463) that the Boston Harbor concluded would be a valuable addition DATES: The Final EIS/GMP will remain Islands Advisory Council will meet on to the park. The real property added to available for public review for 30 days Wednesday, March 7, 2007. The the park is depicted as Tract 05–168 on following the publishing of the notice of meeting will be held on Spectacle Island Drawing No. 641/80,046, Sheet 6 of 26, its availability in the Federal Register in the Boston Harbor Islands national Segment Map 05, dated November 3, by the U.S. Environmental Protection park area. The boat will depart promptly 2006. This map is on file and available Agency. at 3 p.m. from Fan Pier, 2 Northern for inspection at the following locations: Avenue, Boston, MA 02210. We suggest National Park Service, Land Resources ADDRESSES: Requests for copies should you arrive at least 20 minutes prior to Program Center, Pacific West Region, be sent to the Superintendent, Niobrara departure to allow time for boarding. 1111 Jackson St., Suite 700, Oakland, National Scenic River, P.O. Box 591, The boat will return to Fan Pier at 6:30 CA 94607, and National Park Service, O’Neill, Nebraska 68763. You may also p.m. Meeting attendees should sign up Department of the Interior, Washington, view the document via the Internet in advance by contacting Mary Raczko _ DC 20240. through the NPS Planning, at Mary [email protected] or 617–223– 8637 to ensure a space on the boat. The FOR FURTHER INFORMATION CONTACT: Environment, and Public Comment Web site (http://parkplanning.nps.gov); trip will go rain or shine, but in the National Park Service, Gregory F. Gress, event of severe weather, the meeting Chief, Pacific Land Resources Program simply click on the link to Niobrara National Scenic River. will be moved to the National Park Center, Pacific West Region, 1111 Service office at 408 Atlantic Avenue, Jackson St., Suite 700, Oakland, CA SUPPLEMENTARY INFORMATION: The NPS Suite 237, Boston, MA and be held from 94607, (510) 817–1414. prepared a Draft EIS/GMP for the 3:30 p.m. to 5:30 p.m. In the case of a Before including your address, phone Niobrara National Scenic River, boat cancellation, we will make every number, e-mail address, or other pursuant to section 102(c) of the attempt to contact participants and personal identifying information in your National Environmental Policy Act of notice will be posted on http:// comment, you should be aware that 1969. The draft was made available for www.BostonIslands.com and on the your entire comment—including your public review for 90 days (mid-August park’s information line 617–223–8666 personal identifying information—may through mid-October 2005) during (option #2 for trip updates). be made publicly available at any time. which time the NPS distributed over The Advisory Council was appointed While you can ask us in your comment 400 copies of the draft. The draft was by the Director of National Park Service to withhold your personal identifying also made available at the park offices, pursuant to Pub. L. 104–333. The 28 information from public review, we on the Internet, and at area libraries. members represent business, cannot guarantee that we will be able to educational/cultural, community and do so. Over 400 people attended the 32 public meetings, which included four open environmental entities; municipalities SUPPLEMENTARY INFORMATION: The Act of houses. Twenty-three written comment surrounding Boston Harbor; Boston October 27, 1972 provides that, after letters were received from Agencies, Harbor advocates; and Native American notifying the House Committee on organizations, and the public. interests. The purpose of the Council is Resources and the Senate Committee on Comments from individuals and public to advise and make recommendations to Energy and Natural Resources, the agencies did not require the NPS to add the Boston Harbor Islands Partnership Secretary of the Interior may make with respect to the development and other alternatives, alter existing minor revisions to the boundary of implementation of a management plan alternatives, or make significant changes Golden Gate National Recreation Area and the operations of the Boston Harbor by publication of a revised map or to the impact analysis of the effects of Islands national park area. any alternative. description in the Federal Register. The Agenda for this meeting is as Dated: December 11, 2007. FOR FURTHER INFORMATION CONTACT: The follows: Jonathan B, Jarvis, Superintendent, Niobrara National 1. Call to Order, Introductions of Regional Director, Pacific West Region. Scenic River, P.O. Box 591, O’Neill, Advisory Council members present [FR Doc. E7–2758 Filed 2–15–07; 8:45 am] Nebraska 68763, telephone 402–336– 2. Review and approval of minutes of 3970. BILLING CODE 4310–FN–P the December meeting

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3. Guest Speaker, Kathy Abbott, River Restoration Project, Hunting Peoria County Director, Conservation and Recreation EIS, Wind Turbines/Cell Towers, YWCA Building, 301 NE Jefferson, Peoria, Campaign Reauthorization of the Commission, 07000147 4. Membership/Election of Officers Fire Management Update/Ft Hill, Park KANSAS 5. Park Update ‘‘Green’’ practices and Flex Bus 6. New Business Update, Improved Properties/Town Crawford County 7. Public Comment Bylaws. Franklin Sidewalk, Parallel to Bus U.S. 69 8. Adjourn 6. Old Business. bet. Franklin and Arma, Franklin, The meeting is open to the public. 7. New Business. 07000143 Further information concerning Council 8. Date and agenda for next meeting. 9. Public comment and. Ellis County meetings may be obtained from the 10. Adjournment. Memorial City Hall, 911 Washington St., Superintendent, Boston Harbor Islands. The meeting is open to the public. It Ellis, 07000142 Interested persons may make oral/ is expected that 15 persons will be able written presentations to the Council or Nemaha County to attend the meeting in addition to file written statements. Such requests Hand-Dug City Water Well, 301 N. 11th St., Commission members. Seneca, 07000141 should be made at least seven days prior Interested persons may make oral/ to the meeting to: Superintendent, written presentations to the Commission Russell County Boston Harbor Islands NRA, 408 during the business meeting or file Reiff Building, (Theaters and Opera Houses Atlantic Avenue, Boston, MA 02110, written statements. Such requests of Kansas MPS), 513 Main St., Dorrance, telephone (617) 223–8667. should be made to the park 07000140 Dated: January 18, 2007. superintendent at least seven days prior Sedgwick County Bruce Jacobson, to the meeting. Further information McMullen House, 1003 N. Faulkner, Wichita, Superintendent, Boston Harbor Islands NRA. concerning the meeting may be obtained 07000138 [FR Doc. E7–2756 Filed 2–15–07; 8:45 am] from the Superintendent, Cape Cod Shawnee County Bowker House, 1200 SE BILLING CODE 4310–8G–P National Seashore, 99 Marconi Site Road, Wellfleet, MA 02667. Quincy, Topeka, 07000139 George E. Price, Jr., MASSACHUSETTS DEPARTMENT OF THE INTERIOR Superintendent. Berkshire County National Park Service [FR Doc. E7–2759 Filed 2–15–07; 8:45 am] Pittsfield Cemetery, 203 Wahconah St., BILLING CODE 4310–70–P Pittsfield, 07000145 Cape Cod National Seashore, South Suffolk County Wellfleet, MA; Cape Cod National Seashore Advisory Commission, Two DEPARTMENT OF THE INTERIOR Fort Banks Mortar Battery, Kennedy Dr., Winthrop, 07000144 Hundredth Sixtieth Notice of Meeting National Park Service MISSISSIPPI Notice is hereby given in accordance National Register of Historic Places; Newton County with the Federal Advisory Committee Notification of Pending Nominations Newton County American Legion Post No. 89 Act (Pub. L. 92–463, 86 Stat. 770, 5 and Related Actions U.S.C. App 1, Section 10), that a Hut, MS 15 N, 0.4 mi. N of jct. Country Club Rd., Decatur, 07000148 meeting of the Cape Cod National Nominations for the following Seashore Advisory Commission will be properties being considered for listing Tallahatchie County held on March 5, 2007. or related actions in the National Tallahatchie County Second District The Commission was reestablished Register were received by the National Courthouse, 108 Main St., Sumner, pursuant to Public Law 87–126 as Park Service before February 3, 2007. 07000149 amended by Public Law 105–280. The Pursuant to section 60.13 of 36 CFR Part NEW HAMPSHIRE purpose of the Commission is to consult 60 written comments concerning the with the Secretary of the Interior, or her significance of these properties under Hillsborough County designee, with respect to matters the National Register criteria for Goffstown Main Street Historic District, relating to the development of Cape Cod evaluation may be forwarded by the Selected buildings on Church St., Depot National Seashore, and with respect to United States Postal Service, to the St., High St., Main St., and N. Mast St., carrying out the provisions of sections 4 National Register of Historic Places, Goffstown, 07000153 and 5 of the Act establishing the National Park Service, 1849 C St., NW., Woodbury, Levi, Homestead, 1 Main St., Francetown, 07000152 Seashore. 2280, Washington, DC 20240; by all The Commission members will meet other carriers, National Register of Merrimack County at 1 p.m. in the meeting room at Historic Places, National Park Dimond Hill Farm, 314 Hopkinton Rd., Headquarters, Marconi Station, Service,1201 Eye St., NW., 8th floor, Concord, 07000155 Wellfleet, Massachusetts for the regular Washington, DC 20005; or by fax, 202– Rolfe Barn, 16 Penacook St., Concord, business meeting to discuss the 371–6447. Written or faxed comments 07000154 following: should be submitted by March 5, 2007. NEW JERSEY 1. Adoption of Agenda. J. Paul Loether, Mercer County 2. Approval of Minutes of Previous Chief National Register of Historic Places/ Mount Rose General Store, 230 Hopewell- Meeting (December 15, 2006). National Historic Landmarks Program. 3. Reports of Officers. Princeton Rd. (Cty Rte 569), Hopewell Township, 07000150 4. Reports of Subcommittees. ILLINOIS 5. Superintendent’s Report, Update on Morgan County Warren County Dune Shacks and Report, ORV’s and Woodlawn Farm, 1463 Gierke Rd., St. Luke’s Episcopal Church, 346 High St., Piping Plover nesting impact, Herring Jacksonville, 07000146 Hope, 07000151

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TENNESSEE Hearing-impaired persons can obtain By order of the Commission. Dickson County information on this matter by contacting Marilyn R. Abbott, the Commission’s TDD terminal on 202– Secretary to the Commission. Promise Land School, Promise Land Rd., N of Reddon Crossing/Will G Rd., Promise, 205–1810. Persons with mobility [FR Doc. E7–2818 Filed 2–15–07; 8:45 am] 07000159 impairments who will need special BILLING CODE 7020–02–P assistance in gaining access to the Madison County Commission should contact the Office Anderson Presbyterian Church, 899 Steam of the Secretary at 202–205–2000. DEPARTMENT OF JUSTICE Mill Ferry Rd., Madison Hall, 07000157 General information concerning the Roane County Commission may also be obtained by Foreign Claims Settlement Post Oak Springs Christian Church, Roane St. accessing its internet server (http:// Commission Hwy (Old Kingston Hwy.) at Post Oak Rd., www.usitc.gov). The public record for [F.C.S.C. Meeting Notice No. 2–07] Post Oak, 07000156 this investigation may be viewed on the Williamson County Commission’s electronic docket (EDIS) Sunshine Act Meeting Notice at http://edis.usitc.gov. Smithson—McCall Farm, (Historic Family The Foreign Claims Settlement Farms in Middle Tennessee MPS), 6779 SUPPLEMENTARY INFORMATION: On Comstock Rd., Bethesda, 07000158 Commission, pursuant to its regulations January 8, 2007, the Commission (45 CFR Part 504) and the Government VERMONT established a schedule for the conduct in the Sunshine Act (5 U.S.C. 552b), Bennington County of the final phase of the subject hereby gives notice in regard to the investigation (72 FR 1342, January 11, School Street Duplexes, 343–345 and 347– scheduling of meetings for the 349 School St., Bennington, 07000162 2007). Subsequently, the Department of transaction of Commission business and Commerce extended the date for its final other matters specified, as follows: Rutland County determination in the investigation from DATE AND TIME: Thursday, February 22, West Haven Baptist Church, (Religious March 12, 2007 to April 10, 2007 (72 FR 2007, at 10 a.m. Buildings, Sites and Structures in Vermont 6201, February 9, 2007). The MPS), 48 Book Rd., West Haven, 07000161 SUBJECT MATTER: Issuance of Proposed Commission, therefore, is revising its Decisions, Amended Proposed Washington County schedule to conform with Commerce’s Decisions, and Amended Final Scampini Block, 289 N. Main St., Barre, new schedule. Decisions in claims against Albania. 07000160 Revisions to the Commission’s current STATUS: Open. Requests for removal have been made schedule for the investigation are as All meetings are held at the Foreign for the following resources: follows: the deadline for filing claims Settlement Commission, 600 E posthearing briefs is changed from NEBRASKA Street, NW., Washington, DC. Requests March 20 to March 22, 2007; the for information, or advance notices of Custer County deadline for a non-party to file a intention to observe an open meeting, Westcott, Gibbons & Bragg Store, Off NE 106, statement of information pertinent to may be directed to: Administrative Comstock, 78001694 the subject of the investigation, Officer, Foreign Claims Settlement Lancaster County including statements of support or Commission, 600 E Street, NW., Room opposition to the petition, is changed (Nineteenth Century Terrace House TR), 6002, Washington, DC 20579. Baldwin Terrace, 429–443 S. 12th St., and from March 20 to March 22, 2007; Telephone: (202) 616–6988. comments on Commerce’s final 1134–1142 K St., Lincoln, 79003687 Mauricio J. Tamargo, Metropolitan Apartments, 502 S. Twelfth St., determination of sales at less than fair Lincoln, 87002298 value (not to exceed 5 pages) may be Chairman. Townsend Photography Studio, 226 S. 11th filed on or before April 16, 2007; the [FR Doc. 07–747 Filed 2–14–07; 2:51 pm] St., Lincoln, 84000478 date for final release of information by BILLING CODE 4410–01–P [FR Doc. E7–2713 Filed 2–15–07; 8:45 am] the Commission is changed from April 5 to May 8, 2007; the deadline for filing BILLING CODE 4312–51–P Department of Justice final party comments is changed from April 9 to May 10, 2007. All written Office of Justice Programs INTERNATIONAL TRADE submissions shall conform to the filing COMMISSION requirements set forth in our scheduling [OMB Number 1121–NEW] notice issued January 8, 2007 (72 FR [Investigation No. 731–TA–1104 (Final)] 1341, January 11, 2007) Agency Information Collection Activities: Existing Collection in Use Certain Polyester Staple Fiber from For further information concerning Without OMB Control Number; China this investigation see the Commission’s Comments Requested notice cited above and the AGENCY: International Trade Commission’s Rules of Practice and ACTION: 30-Day notice of information Commission. Procedure, part 201, subparts A through collection under review: Survey of state ACTION: Revised schedule for the subject E (19 CFR part 201), and part 207, criminal history information systems. investigation. subparts A and C (19 CFR part 207). The Department of Justice (DOJ), EFFECTIVE DATE: February 9, 2007. Authority: This investigation is being Office of Justice Programs, Bureau of FOR FURTHER INFORMATION CONTACT: conducted under authority of title VII of the Justice Statistics (BJS), has submitted Nathanael Comly (202–205–3174), Tariff Act of 1930; this notice is published the following information collection Office of Investigations, U.S. pursuant to § 207.21 of the Commission’s request to the Office of Management and International Trade Commission, 500 E rules. Budget (OMB) for review and approval Street SW., Washington, DC 20436. Issued: February 13, 2007. in accordance with the Paperwork

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Reduction Act of 1995. The proposed of State record repositories to estimate Office of Justice Programs, U.S. information collection is published to the percentage of total state records that Department of Justice, 810 7th Street, obtain comments from the public and are immediately available through the NW., Washington, DC, 20531. affected agencies. This proposed FBI’s Interstate Identification Index and Written comments and suggestions information collection was previously the percentage of records that are from the public and affected agencies published in the Federal Register complete and fingerprint-supported. concerning the proposed collection of Volume 71, Number 242, page 75771 on (5) An estimate of the total number of information are encouraged. Your December 18, 2006, allowing for a 60 respondents and the amount of time comments should address one or more day comment period. estimated for an average respondent to of the following four points: The purpose of this notice is to allow respond: It is estimated that 53 —Evaluate whether the proposed for an additional 30 days for public respondents will expend approximately collection of information is necessary comment until March 19, 2007. This 3 hours completing the survey once for the proper performance of the process is conducted in accordance with every two years. functions of the agency, including 5 CFR 1320.10. (6) An estimate of the total public whether the information will have If you have comments especially on burden (in hours) associated with the practical utility; the estimated public burden or collection: There are an estimated 159 —Evaluate the accuracy of the agency’s associated response time, suggestions, total annual burden hours associated estimate of the burden of the or need a copy of the proposed with this collection. proposed collection of information, information collection instrument with If additional information is required including the validity of the instructions or additional information, contact: Lynn Bryant, Department methodology and assumptions used; please contact Gerard Ramker, Bureau of Clearance Officer, United States —Enhance the quality, utility, and Justice Statistics, 810 Seventh St., NW, Department of Justice, Justice clarity of the information to be Washington, DC 20531. Management Division, Policy and collected; and Written comments and suggestions Planning Staff, Patrick Henry Building, —Minimize the burden of the collection from the public and affected agencies Suite 1600, 601 D Street, NW., of information on those who are to concerning the proposed collection of Washington, DC 20530. respond, including through the use of information are encouraged. Your Dated: February 12, 2007. appropriate automated, electronic, comments should address one or more mechanical, or other technological Lynn Bryant, of the following four points: collection techniques or other forms —Evaluate whether the proposed Department Clearance Officer, PRA, of information technology, e.g., Department of Justice. collection of information is necessary permitting electronic submission of for the proper performance of the [FR Doc. E7–2798 Filed 2–15–07; 8:45 am] responses. functions of the agency, including BILLING CODE 4410–18–P Overview of this information whether the information will have collection: practical utility; Department of Justice (1) Type of information collection: —Evaluate the accuracy of the agencies Extension of currently approved estimate of the burden of the Office of Justice Programs collection. proposed collection of information, (2) The title of the form/collection: including the validity of the [OMB Number 1121–0166] OJP FORM 3650/7 Public Safety methodology and assumptions used; Bureau of Justice Assistance; Agency Officers’ Permanent and Total Disability —Enhance the quality, utility, and Information Collection Activities: Benefits. clarity of the information to be Proposed Collection; Comments (3) The agency form number, if any, collected; and Requested and the applicable component of the —Minimize the burden of the collection Department sponsoring the collection: of information on those who are to ACTION: 60-Day Notice of Information None. Bureau of Justice Assistance, respond, including through the use of Collection Under Review; Extension of Office of Justice Programs, United States appropriate automated, electronic, Currently Approved Collection. Report Department of Justice. mechanical, or other technological of Public Safety Officers’ Permanent and (4) Affected public who will be asked collection techniques or other forms Total Disability Benefits or required to respond, as well as a brief of information technology, e.g., abstract: permitting electronic submission of The Department of Justice, Office of Primary: Dependents of public safety responses Justice Programs, Bureau of Justice officers who were killed or permanently Overview of this information Assistance, will be submitting the and totally disabled in the line of duty. collection: following information collection request Abstract: BJA’s Public Safety Officers’ (1) Type of Information Collection: for review and clearance in accordance Benefits (PSOB) division will use the Existing collection in use without OMB with the Paperwork Reduction Act of PSOEA Application information to control number. 1995. This proposed information confirm the eligibility of applicants to (2) Title of the Form/Collection: collection is published to obtain receive PSOEA benefits. Eligibility is Survey of State Criminal History comments from the public and affected dependent on several factors, including Information Systems. agencies. Comments are encouraged and the applicant having received or being (3) Agency form number, if any, and will be accepted for ‘‘sixty days’’ until eligible to receive a portion of the PSOB the applicable component of the April 17, 2007. If you have additional Death Benefit, or having a family Department of Justice sponsoring the comments, suggestions, or need a copy member who received the PSOB collection: Not applicable. of the proposed information collection Disability Benefit. Also considered are (4) Affected public who will be asked instrument with instructions or the applicant’s age and the schools or required to respond, as well as a brief additional information, please contact being attended. In addition, information abstract: Primary: State Government. M. Pressley at 202–353–8643 or 1–866– to help BJA identify an individual is This information collection is a survey 859–2687, Bureau of Justice Assistance, collected, such as Social Security

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number and contact numbers and e-mail comment until March 19, 2007. This This nationwide information addresses. The changes to the process is conducted in accordance with collection will identify the number and application form have been made in an 5 CFR 1320.10. characteristics of state- and county- effort to streamline the application Written comments and/or suggestions funded public defender offices. process and eliminate requests for regarding the items contained in this Information will be gathered on type of information that is either irrelevant or notice, especially the estimated public offenses represented, expenditures, already being collected by other means. burden and associated response time, caseloads, training requirements, Others: None. should be directed to the Office of funding sources, reliance on outside (5) An estimate of the total number of Management and Budget, Office of legal services, and other related respondents and the amount of time Information and Regulatory Affairs, administrative issues. The information needed for an average respondent to Attention Department of Justice Desk collected will provide a comprehensive respond is as follows: It is estimated that Officer, Washington, DC 20503. portrait of state and local efforts to meet no more than 75 respondents will apply Additionally, comments may be the needs of indigent criminal a year. Each application takes submitted to OMB via facsimile to (202) defendants through designated public approximately 120 minutes to complete. 395–5806. defender offices. (6) An estimate of the total public Written comments and suggestions (5) An Estimate of the Total Number burden (in hours) associated with the from the pubic and affected agencies of Respondents and the Amount of Time collection: Total Annual Reporting concerning the proposed collection of Estimated for an Average Respondent to Burden: 75 x 120 minutes per information are encouraged. Your Respond: An estimated 1,400 public application = 9,000 minutes / by 60 comments should address one or more defender offices will complete a 1-hour minutes per hour = 150 hours. of the following four points: county questionnaire (06–SPDO Form- If additional information is required, A). please contact Lynn Bryant, Department — Evaluate whether the proposed (6) An Estimate of the Total Public Clearance Officer, United States collection of information is necessary Burden (in hours) Associated with the Department of Justice, Justice for the proper performance of the Collection: The estimated public burden Management Division, Policy and function of the agency, including associated with this collection is 1,400 Planning Staff, Patrick Henry Building, whether the information will have hours. (1,400 data collection forms Suite 1600, 601 D Street NW., practical utility; completed by each public defender Washington, DC, 20530. —Evaluate the accuracy of the agency’s office* one hour per form = 1,400 estimate of the burden of the Dated: February 12, 2007. burden hours). proposed collection of information, If additional information is required Lynn Bryant, including the validity of the contact: Mrs. Lynn Bryant, Department Department Clearance Officer, PRA, United methodology and assumptions used; Clearance Officer, United States States Department of Justice. —Enhance the quality, utility, and Department of Justice, Justice [FR Doc. E7–2799 Filed 2–15–07; 8:45 am] clarity of the information to be Management Division, Policy and BILLING CODE 4410–18–P collected; and Planning Staff, Patrick Henry Building, —Minimize the burden of the collection Suite 1600, 601 D Street, NW., of information on those who are to Washington, DC 20530. DEPARTMENT OF JUSTICE respond, including through the use of appropriate automated, electronic, Dated: February 12, 2007. Office of Justice Programs mechanical, or other technological Lynn Bryant, [OMB Number 1121–NEW] collection techniques or other forms Department Clearance Officer, PRA, United of information technology, e.g., States Department of Justice. Bureau of Justice Statistics; Agency permitting electronic submission of [FR Doc. E7–2800 Filed 2–15–07; 8:45 am] Information Collection Activities: responses. BILLING CODE 4410–18–P Proposed Collection; Comments Overview of this information: Requested (1) Type of Information Collection: DEPARTMENT OF LABOR ACTION: 30-day notice of new Reinstatement, with change, of a previously approved collection for information collection: 2007 Survey of Office of the Secretary Public Defenders Offices. which approval has expired. 2007 Survey of Public Defenders Offices. Submission for OMB Review: The Department of Justice, Office of (2) The Title of the Form/Collection: Comment Request Justice Programs, Bureau of Justice 2007 Survey of Public Defenders Statistics, will be submitting the Offices. February 9, 2007. following information collection request (3) The Agency Form Number, if any, The Department of Labor (DOL) has to the Office of Management and Budget and the Applicable Component of the submitted the following public (OMB) for review and approval in Department Sponsoring the Collection: information collection request (ICR) to accordance with the Paperwork Previous OMB number was 1121–0095. the Office of Management and Budget Reduction Act of 1995. The proposed The agency form numbers are 06–SPDO (OMB) for review and approval in information collection is published to Form-A and 06–SPDO Form-B. Bureau accordance with the Paperwork obtain comments from the public and of Justice Statistics, Office of Justice Reduction Act of 1995 (Pub. L. 104–13, affected agencies. The proposed Programs, United States Department of 44 U.S.C. chapter 35). A copy of this information collection was previously Justice. ICR, with applicable supporting published in the Federal Register (4) Affected Public Who Will be documentation, may be obtained from Volume 71, Number 242, page 75772 on Asked or Required to Respond, as well RegInfo.gov at http://www.reginfo.gov/ December 18, 2006, allowing for a 60- as a Brief Abstract: Primary: All State- public/do/PRAMain or by contacting day public comment period. and locally-funded attorneys serving as Darrin King on 202–693–4129 (this is The purpose of this notice is to allow the head public defender for a county, not a toll-free number) ; e-mail: an additional 30 days for public city, or judicial district. Other: None. [email protected].

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Comments should be sent to Office of or an equivalent entity (such as a Q: Could you confirm that the grant Information and Regulatory Affairs, nationally-recognized laboratory), a seeks projects serving Central American Attn: OMB Desk Officer for the written certificate stating that: The laborers working in the countries listed, Occupational Safety and Health modification conforms to the applicable i.e., not migrant laborers working in Administration (OSHA), Office of provisions of ANSI A92.2–1969 and Central America and/or the United Management and Budget, Room 10235, OSHA’s Aerial Lifts Standard; and the States? Washington, DC 20503, Telephone: modified aerial lift is at least as safe as A. The project seeks to serve Central 202–395–7316; Fax: 202–395–6974 it was before modification. American Laborers working in the (these are not toll-free numbers), within Employers use the certification countries listed. 30 days from the date of this publication required in paragraph (a)(2) of the Q. Is the aim of the project to help in the Federal Register. Standard as a record of equipment Central American laborers vindicate The OMB is particularly interested in modification and to demonstrate to their rights under existing labor laws in comments which: interested parties (e.g., OSHA their countries of origin, or also to help • Evaluate whether the proposed compliance officers, renters, lessees, influence change in those laws for the collection of information is necessary owners) that the modified aerial lift better? for the proper performance of the remains at least as safe for employees, A. The SGA states ‘‘this project functions of the agency, including as the original equipment. Additionally, provides assistance to improve the whether the information will have the certification provides the best means effective enforcement of national labor practical utility; by which an OSHA compliance officer laws by strengthening the capacity of • Evaluate the accuracy of the can determine that the manufacturer or local organizations to provide advice to agency’s estimate of the burden of the an equally-qualified entity assessed a workers about the scope and proposed collection of information, field modified aerial lift and found that applicability of relevant labor laws, and including the validity of the it was safe for use by, or near, when necessary, provide legal services methodology and assumptions used; employees, and would provide explaining the procedural and • Enhance the quality, utility, and employees with a level of protection at documentation requirements to exercise clarity of the information to be least equivalent to the protection those rights.’’ collected; and afforded by the lift in its original Q. If an organization wishes to apply • Minimize the burden of the configuration. Finally, employees may to tackle part of the project (i.e., in one collection of information on those who review the information on the or two of the countries concerned, are to respond, including through the certificate; such a review will provide rather than all), can it do so on its own, use of appropriate automated, them with information that they can use or must it do so as part of a larger electronic, mechanical, or other to determine the safety of the modified association? technological collection techniques or lifts. A. The Applicant must demonstrate other forms of information technology, how it will undertake activities in all e.g., permitting electronic submission of Darrin A. King, countries listed, whether alone or responses. Acting Departmental Clearance Officer. through an association of organizations. Agency: Occupational Safety and [FR Doc. E7–2745 Filed 2–15–07; 8:45 am] Signed this 12th day of February 2007. Health Administration. BILLING CODE 4510–28–P Lisa Harvey, Type of Review: Extension without Grant Officer. change of currently approved collection. Title: Manufacturer’s Certification of DEPARTMENT OF LABOR [FR Doc. E7–2739 Filed 2–15–07; 8:45 am] Modifications Made to Construction BILLING CODE 4510–28–P Aerial Lifts (29 CFR 1926.453). Bureau of International Labor Affairs, Office of Trade and Labor Policy: OMB Number: 1218–0216. DEPARTMENT OF LABOR Type of Response: Recordkeeping. Questions and Answers for Solicitation Affected Public: Public Sector: for Cooperative Agreement Application Bureau of International Labor Affairs, Business or other for-profits. (SGA) 07–03, Strengthening Labor Office of Trade and Labor Affairs: Number of Respondents: 62. Systems in Central America: Questions and Answers for Solicitation Number of Annual Responses: 62. Establishing Worker Rights Centers for Cooperative Agreement Application Estimated Time per Response: 6 (SGA) 07–02, Strengthening Labor minutes. AGENCY: Bureau of International Labor Affairs, Office of Trade and Labor Compliance in the Agricultural Sector Total Burden Hours: 6. in Central America and the Dominican Total Annualized capital/startup Affairs. Republic costs: $0. ACTION: Notice. Total Annual Costs (operating/ AGENCY: Bureau of International Labor maintaining systems or purchasing SUMMARY: In response to the subject Affairs, Office of Trade and Labor services): $0. solicitation, inquiries have been Affairs. received regarding the requirements of Description: The objective of the ACTION: Notice. Aerial Lifts Standard, ‘‘the Standard’’ at the solicitation. This notice publishes 29 CFR 1926.453 to protect employees the inquiries and the responses to the SUMMARY: In response to the subject who operate, or work near, aerial lifts. inquiries. Due to the pending closing solicitation, inquiries have been The only information collection date of February 23, 2007 no further received regarding the requirements of requirement in the Aerial Lifts Standard questions will be entertained. the solicitation. This notice publishes is a certification provision, paragraph FOR FURTHER INFORMATION CONTACT: Lisa the inquiries and the responses to the (a)(2). This provision requires an Harvey, Department of Labor, inquiries. Due to the pending closing employer who field modifies an aerial Procurement Services Center, S–4307, date of February 23, 2007 no further lift for a use not intended by the lift 200 Constitution Ave, NW., Washington questions will be entertained. manufacturer (‘‘field modified aerial DC, 20210, Telephone (202) 693–4592, FOR FURTHER INFORMATION CONTACT: Lisa lift’’) to obtain from that manufacturer, e-mail: [email protected]. Harvey, Department of Labor,

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Procurement Services Center, Room S– outlined in the SGA, which do not organization(s) with country presence, 4307, 200 Constitution Ave, NW., specify migrant worker rights. which gives it the ability to initiate Washington DC, 20210, Telephone (202) Q. The solicitation asks that labor law program activities upon award of the 693–4592, e-mail: [email protected]. compliance is improved in the DR, Cooperative Agreement.’’ Q: I am aware that this proposal Nicaragua, and either Guatemala or Q. From what I understand, DOL concerns all C.A.F.T.A. countries but I Honduras. Is there a preference one way requires that our agreements with local am wondering if there are priority or the other on Guatemala or Honduras? organizations be in the form of countries concerning this specific grant. Would DOL like an explanation for why contracts. Is this an accurate My question is whether or not it is one country is chosen over the other? representation of DOL requirements possible to submit a proposal for just A. DOL does not have a preference everywhere? From our work in (country one of the C.A.F.T.A countries (such as between either country. Regarding your X), local NGOs would not have the Honduras), or perhaps just 3 or 4 of the question as to whether DOL needs an capacity to operate under a traditional C.A.F.T.A. countries, or does the grant explanation as to why one country was contract mechanism in that they do not require a regional proposal? chosen over another, the Applicant have the capital to advance funding for A: The project must undertake would be expected to demonstrate ‘‘the work, but would instead require a sub- activities in all countries within the extent to which the application sets award to implement a project. Would lifetime of the grant, beginning at a forth a clear and supportable course of this be acceptable? minimum the first year in El Salvador action to improve labor law A: The SGA consistently uses the and Nicaragua. The applicants compliance’’ in the particular countries terms ‘‘subaward’’ which can be either experience may be in only one or more included in their proposal. be a sub-contract or a sub-grant. Q. The Award Information explains of the countries, but the proposed that the duration of the project funded Signed this 12th day of February 2007. activities must eventually roll out to all by this solicitation is up to four years. Lisa Harvey, the countries and will be judged on the Does DOL place additional weight on Grant Officer. merits of how it plans to do this. proposals that are for the full 4 years or [FR Doc. E7–2740 Filed 2–15–07; 8:45 am] Specifically, the SGA states: Applicants are projects that run for less time (2 or BILLING CODE 4510–28–P should submit proposals that are 3 years) considered on an equal playing regional in scope and demonstrate the field as those that propose 4 years? organization’s capabilities to implement Obviously we would need to weight the DEPARTMENT OF LABOR a project in accordance with the amount of programming that can get Statement of Work and the selection done in 3 countries over a considerable Employment and Training criteria. Proposals must provide for amount of time with the amount of Administration activities in all countries, and begin the funding allocated. High Growth Job Training Initiative first year at a minimum in El Salvador A. The Applicant will be judged on Grants for the Long-Term Care Sector and Nicaragua. Applicants will not be the merits of their proposed strategy to of the Health Care Industry; penalized for lacking previous achieve sustainable results. The SGA Solicitation for Grant Applications experience working on regional projects. states ‘‘Applicants will be evaluated on For example, organizations with the clear identification and description Announcement Type: New. Notice of experience in only one country will be of the specific strategy(s) the applicant solicitation for grant applications. judged based on the success they proposes to use, and the effectiveness Funding Opportunity Number: SGA/ achieved in that country and their and attainability of project objectives by DFA PY–06–07. proposal for working successfully the end of the grant period’’. Catalog of Federal Domestic throughout the rest of the targeted Q. The RFA reads ‘‘an applicant must Assistance CFDA Number: 17.268. region. USDOL encourages applicants to demonstrate a country presence, Key Dates: Applications are due by be creative in proposing innovative and independently or through a relationship April 5, 2007. A Webinar for cost-effective interventions that will with another organization(s) with prospective applicants will be held for produce a demonstrable and sustainable country presence, which gives it the this grant competition on March 5, impact. ability to initiate program activities 2007. Access information for the Q: Would DOL be interested in upon award of the Cooperative Webinar will be posted on the U.S. receiving a proposal that focuses on Agreement’’. (said organization) Department of Labor’s Employment and DOL’s stated objectives but as related to currently has a country office in Training Administration (ETA) Web site migrant workers? Such a proposal/ Honduras and has worked in Nicaragua at http://www.doleta.gov/BRG/Indprof/ project could potentially compliment and the DR in the past. I read that to Health.cfm. other proposals? mean that we would need to identify Summary: The Employment and a. Related question to that, given that local partners that would be working Training Administration (ETA), U.S. migrant populations are more with (said organization) on Department of Labor (DOL), announces significant in some Central American implementation in each country and the availability of approximately $2.5 countries than others, could IOM they would be prepared and ready to million in grant funds for demand- propose activities based on the begin implementation upon reception of driven regional approaches to meeting countries with significant populations, the award. Is this an accurate reading or the workforce challenges of the long- rather than in all the stated countries? would (said organization) need to have term care sector of the health care b. And finally, if DOL would be some sort of office open in each country industry under the President’s High interested in migrant focused proposal, prior to the award? Growth Job Training Initiative. would they prefer we submit a joint A. (Said organization) would not The President’s High Growth Job proposal with another organization that necessarily need to have an office open Training Initiative (HGJTI) is a strategic could take on all the other non-migrant in each country prior to the award, effort to prepare workers for new and workers? however it would have to demonstrate increasing job opportunities in high- A: Please ensure that any proposals country presence ‘‘independently or growth, high-demand, and economically submitted respond to the objectives through a relationship with another vital industries and sectors of the

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American economy. Through the • Part II describes the size and nature marketplace. Globalization is marked by initiative, ETA identifies high-growth, of the anticipated awards. tremendous advances in high-demand industries, evaluates their • Part III describes the qualifications communications, travel, and trade— skill needs, and funds local and national of an eligible applicant. allowing individuals instant access to partnership-based demonstration • Part IV provides information on the commerce from almost anywhere in the projects that: (a) Address workforce application and submission process. world. At the same time, American challenges identified by employers; and • Part V explains the review process businesses now compete not only with (b) prepare workers for good jobs with and rating criteria that will be used to companies across the street, but also career pathways in these rapidly evaluate applications. with companies around the globe. expanding or transforming industries. • Part VI provides award Global competition is typically seen When linked to broader regional administration information. as a national challenge. In reality, economic and talent development • Part VII contains ETA contact regions are where companies, workers, strategies, the HGJTI approach information. researchers, entrepreneurs and strengthens regional employment and • Part VIII contains other information governments come together to create a economic opportunities. The products, for applicants. competitive advantage in the global models, and effective approaches that marketplace. That advantage stems from Part I. Funding Opportunity the ability to transform new ideas and result from HGJTI investments will be Description broadly disseminated to employers, new knowledge into advanced, high education and training providers, and 1. Background quality products or services—in other words, to innovate. the workforce system to build their The growth of the elderly population capacity to respond to employers’ Regions that are successful in creating in the United States is expected to rise a competitive advantage demonstrate workforce needs. from 8 million in 2000 to 19 million by Grant funds awarded under this the ability to organize ‘‘innovation 2050, according to the U.S. Census. As assets’’—people, institutions, capital Solicitation for Grant Applications regions across the country begin to (SGA) should be used to implement and infrastructure—to generate growth experience these significant and prosperity in the region’s economy. industry-driven training solutions that demographic shifts, demand for long- address the long-term care sector’s These regions are successful because term health care services will increase they have connected three key elements: critical workforce challenges. Each exponentially. Already, a growing gap is solution must take place in the context Workforce skills and lifelong learning emerging between the supply of long- strategies, investment and of a regional strategic partnership term care workers and the mounting between the workforce investment entrepreneurship strategies, and needs of the elderly and people with regional infrastructure and economic system, long-term care employers, and disabilities for long-term care services— development strategies. education and training providers, as translating into rapidly increasing In the new global economy, a region’s well as other public and private sector demand for well-trained direct care ability to develop, attract, and retain a partners that bring critical assets to the givers. As a highly regulated industry well educated and skilled workforce is table. Proposed solutions should take impacted by a range of complex factors, a key factor in our nation’s economic full advantage of existing workforce the need for systemic regional competitiveness. A region may possess development models, promising coordination around long-term care a strong infrastructure and the practices, and tools. Solutions must workforce development is clear. The investment resources for success, but either take an existing promising workforce system is a key component in without the talented men and women to solution, model, or approach to scale in this regional coordination. Building use those elements for economic the region or adapt a solution that has strategic partnerships, integrating assets, growth, they are meaningless. Talent been demonstrated to have positive connecting to broader long-term care can also drive infrastructure and impact on the identified workforce delivery strategies and trends, and investment because investment capital development challenges in another effectively managing resources and is smart money and will follow talent, region. workforce strategies regionally will lead while infrastructure can be built to Applicants may be public, private for- to better outcomes for both workers and support a growing economy. profit, and private non-profit employers.To support regional strategic The health care industry plays a organizations. It is anticipated that partnerships focused on developing critical role in regional economic and average individual awards will be systemic solutions to long-term care talent development strategies for many approximately $500,000. workforce challenges, the Employment regions across the country. As the SUPPLEMENTARY INFORMATION: This and Training Administration (ETA) is largest industry in the U.S. economy in solicitation provides background making funds available through the 2004, health care provided 13.5 million information on the High Growth Job President’s High Growth Job Training jobs nationally. The industry is Training Initiative and critical elements Initiative. The remaining sections of this frequently an engine of regional job required of projects funded under the part describe ETA’s key strategies and growth, often serving as both a critical solicitation. It also describes the approaches to workforce development point of entry into the workforce and as application submission requirements, and describe critical elements for the a source of opportunities for career the process that eligible applicants must High Growth Job Training Initiative advancement. According to the Bureau use to apply for funds covered by this grants for the long-term care sector. of Labor Statistics, more new jobs— solicitation, and how grantees will be about 19 percent, or 3.6 million— selected. This announcement consists of 2. Globalization, Regional Innovation created between 2004 and 2014 will be seven parts: and Economic Competitiveness in health care than in any other • Part I provides background The world is now witnessing one of industry. Trends in the long-term care information on the High Growth Job the greatest economic transformations in sector play a crucial role in driving this Training Initiative and workforce history. Revolutions in technology and job growth. In fact, over 800,000 jobs for development for the long-term care information have ushered in the direct care workers in the long-term care sector. globalization of the economic sector will be created between 2004 and

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2014. Developing adequate numbers of 4. Solutions-Based Approaches to labor market information, accesses skilled long-term care workers is Workforce Investment Strategies: A Key human capital (e.g. youth, unemployed, particularly critical in regions currently Component for Regional Innovation and underemployed, and dislocated experiencing or anticipating growth in Talent Development workers), provides funding to support the aging population, as this will Within the context of these strategic training for qualified individuals, and significantly increase demand for partnerships, the workforce system connects trained workers to good jobs. Recognizing the growing need for services. should take a solutions-based approach regional economic competitiveness in to workforce development, focusing on 3. Talent Development in the Global the global economy, ETA has continued systemic solutions that address short Economy to evolve its strategies for supporting term challenges while contributing to strategic workforce development. In Each year, the federal government long-term talent development and February 2006, ETA launched the invests billions of dollars in a state and economic growth. Partners should work Workforce Innovation in Regional local workforce investment network to collaboratively to: Economic Development (WIRED) assist businesses in recruiting, training, (1) Identify the regional economy; Initiative, focusing on the role of talent (2) Form a core leadership group that and retaining a skilled workforce. This development in driving regional is responsible for developing and network is called the workforce economic competitiveness, leading to implementing solutions and guiding the investment system, and consists of state increased job growth and new effort; opportunities for American workers. To and local workforce investment boards, (3) Collect and analyze information state workforce agencies, and One-Stop optimize innovation and successful about regional workforce needs and regional economic transformation, the Career Centers and their cooperating critical capacity constraints; partners. WIRED framework brings together all (4) Work collaboratively to explore, the key players in a region to leverage In this 21st century globally frame, and implement solutions; and their collective public and private sector competitive economy, it is becoming (5) Leverage resources and measure assets and resources, and to devise increasingly important that the progress and outcomes. strategies that focus on infrastructure, workforce system act as a strategic Please note, this process is not investment, and talent development. partner in regional economic linear—the steps may occur and reoccur The WIRED strategic framework development. As the leader in regional depending on regional circumstances. supports regions in incorporating talent development, the workforce The goal of this process is to ensure that demand-driven talent and skills system aligns workforce investment workforce system resources help development into their larger economic dollars with regional economic growth workers get education and training that strategies and integrating workforce goals by focusing on workforce and aligns with regional industry-identified development, economic development, needs and job opportunities, and that lifelong learning strategies that are and education efforts into a these needs reflect economic demanded by employers and based on comprehensive system that is both development priorities in the region. an understanding of future job growth in flexible and responsive to the needs of The Employment and Training business and workers. emerging, high-growth and Administration (ETA) has modeled the economically vital industries and role of strategic partnerships in demand- 5. The Long-Term Care Sector and Its sectors of the American economy. driven workforce investment through Workforce Challenges Through this strategic alignment, the the President’s High Growth Job The long-term care sector is a workforce system helps to ward off and Training Initiative (HGJTI). Through the powerful regional job engine for direct respond to economic shocks, creating initiative, ETA has identified high- care occupations as well as an important more stable and rewarding employment growth, high-demand industries; entry point into licensed health-related opportunities for the workforce. In evaluated their skill needs; and funded occupations. Talent development addition, the system serves as a local and national partnership-based strategies to support recruitment, galvanizing partner by bringing together demonstration projects that provide retention, and career pathways in this entities that can both grow talent, as workforce solutions to ensure that sector are critical to the current and well as leverage that talent base in individuals can gain the skills to get future health of the American people, as attracting industry investment to the good jobs with career pathways in well as the economic vitality of regions local or regional economy. rapidly expanding or transforming throughout the United States. To maximize the impact of talent industries. In 2004, approximately 2.09 million The foundation of the HGJTI has been development activities, workforce direct care workers in long-term care partnerships between the publicly occupations provided care to Americans investment boards must partner with a funded workforce investment system, in long-term care settings, including strong team composed of individuals business and industry representatives, nursing and personal care facilities, and organizations necessary to and the continuum of education. These residential care facilities, and home transform the regional economy, partnerships engage each partner in its health and community-based care including: Employers; educators at all area of strength. Industry services. Direct care workers include levels, including community colleges; representatives and employers define registered nurses (RNs), licensed economic development entities; local, workforce challenges facing the industry practical and vocational nurses, regional, and state government; the and identify the competencies and skills paraprofessionals, including nurse philanthropic community; faith-based required for the industry’s workforce. aides, home health aides, and home and and community organizations; research Education and training providers, such personal care workers, and direct institutions; and other civic leaders with as community colleges, assist in support professionals. More than 70 a stake in economic growth and talent developing competency models and percent of long-term care workers are development. curricula and train new and incumbent paraprofessionals. workers. The workforce investment The long-term care sector is facing system compiles and analyzes local rapidly increasing demand for care over

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the next half century. The Bureau of recruitment and assessment strategies to 6. Long-Term Care Workforce Labor Statistics (BLS) estimates that by identify ideal candidates who Development Strategies 2014, direct care worker jobs in long- understand the demanding nature of The long-term care sector, workforce term care settings should grow by about long-term care work and possess the development practitioners, and 830,000 jobs, or roughly 40 percent. appropriate skills and abilities to educators have developed a number of Most of this increase will be driven by succeed on the job. approaches for addressing long-term the growth in the number of elderly in Retention of Direct Care Workers. care workforce challenges. Broadly need of such care. The number of Challenges in filling current and speaking, these approaches involve individuals using either nursing projected direct care vacancies are efforts to improve wages and benefits, facilities, alternative residential care, or exacerbated by high turn-over rates in create opportunities for skill home and community care services is the industry. Estimates of worker development and career advancement expected to increase from 15 million in turnover rates vary based on the data (e.g. career ladders and lattices), and 2000 to 27 million in 2050. source and how turnover is measured; Changes in service delivery systems improve the workplace environment, however, a report by the Government in long-term care are also impacting job including management and supervision Accountability Office (GAO) in 2001 growth. For example, a trend in the of paraprofessional workers. The confirms wide variation in turnover long-term care system in which services workforce investment system has been are increasingly provided in home and rates and concludes rates typically particularly engaged in solutions that community-based settings is creating exceed 50%. Industry leaders reported focus on recruiting workers to the stronger projected growth in home to ETA turn over rates of frontline sector, developing opportunities for health aides and personal and home caregivers exceeding 100% annually. training and career advancement, and care aides occupations. According to the High rates of staff vacancies and helping to impact job quality by Bureau of Labor Statistics, home health turnover have negative effects on delivery of incumbent worker aides is expected to be the fastest providers, consumers, and workers in a supervisory training. Examples of growing occupation in the United States variety of ways: The cost to providers of promising solutions include: • through 2014, growing at a rate of 56 replacing workers is high; quality of Career lattices that provide percent, adding 350,000 new jobs. care may suffer; and workers in pathways to advancement and ETA began its engagement with the understaffed environments may suffer specialization from all points of entry in long-term care sector of the health care higher rates of injury. the long-term care sector; • industry in 2003 with a series of forums Numerous factors contribute to the Expansion of education capacity, through which industry executives difficulty in recruiting and retaining including the integration of learning shared their workforce challenges. paraprofessionals. For example: technology that offers flexibility in time Simultaneously, the Department of • and place of training, and maximizes Wages are generally low and effectiveness of limited training Labor began to collaborate with the benefits are poor because facilities, in Department of Health and Human resources and the adoption of particular, remain strongly dependent innovative training methodologies such Services (HHS) to help support mutual on public reimbursement rates; understanding and collaboration as apprenticeship and on-the-job between long-term care employers and • Job preparation, continuing training; the workforce investment system. Since education, and training frequently fail to • Targeted recruitment strategies; that time, ETA has continued to support prepare these workers for what they face • Mentoring programs for new and further develop the role of the in caring for people with increasingly employees; workforce system in response to long- complex needs; • Development of a diverse pipeline term care workforce challenges through • Advancement opportunities are of future workers; and information sharing, partnership often limited; and • Competency-based training for development, technical assistance, and incumbent workers in supervisory and • Paraprofessionals report that they investment in workforce solutions. team leadership skills. Through ETA-sponsored industry often do not feel valued or respected by forums, long-term care employers and their employers and supervisors. 7. Critical Elements of Long-Term Care industry representatives identified Entry-level and Incumbent Worker Workforce Development Grants numerous workforce challenges, as Skill Development. It is critical that the Grants funded through this SGA are identified below. Applicants are long-term care industry fill vacant and expected to contain at least five critical encouraged to address one or more of projected positions with well-trained, elements. These elements consist of: (A) these challenges in their proposal. skilled workers capable of providing Strategic regional partnerships; (B) data Recruitment of Direct Care Workers. high-quality care. Technological driven analysis of regional long-term The increase in demand for long-term advances, changing care needs, and care workforce challenges and solutions; care services is occurring at a time when demanding management environments (C) systemic solutions to industry the supply of workers who have call for enhanced, competency-based identified workforce challenges; (D) traditionally filled these jobs—women skill development through training of shared and leveraged resources for between the ages of 25 and 44—is both entry-level and incumbent implementation; and (E) clear and expected to increase only slightly. As a workers. Many employers report that specific outcomes. Each of these result of social and economic shifts, the workers struggle to advance their characteristics will be reflected in the long-term care sector must now compete careers, both because skill gaps can be ratings criteria in Part V and is for this traditional labor pool against large, and because career pathways and described in further detail below. many other industries and sectors. To opportunities may not be articulated meet increased demand, the sector will clearly. Employers also report that A. Strategic Regional Partnership need to recruit from a wide range of limited health care training capacity in ETA believes that strategic labor pools while working to increase many communities creates bottlenecks partnerships between the workforce the competitiveness of its jobs. At the that impact the long-term care investment system, employers, and same time, the sector needs targeted workforce pipeline. education and training providers need

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to be in place in order to implement Each partner should have clearly challenges and the regional assets effective demand-driven training and defined roles in the proposed solutions. available for solutions. Economic capacity building strategies. Strategic The exact nature of these roles may vary regions do not typically correspond to partnerships between these three depending on the issue areas being geographic or political jurisdictions entities are a required component of addressed and the scope and nature of such as municipal boundaries or state, proposals submitted under this SGA, as the activities undertaken. However, ETA county, local workforce investment detailed in Part III.2, and they may have expects that each collaborative partner areas. Thus, partners should develop a a regional, statewide, or multi-state will, at minimum, significantly regional understanding of the long-term focus, as defined by the applicant. contribute to one or more aspects of the care sector that is comprised of multiple In addition to the required entities, project. For example, employers must be jurisdictions within a state or across the partnership should include a strong, actively engaged in the project and may state borders. contribute to many aspects of grant broad consortium of the individuals and C. Systemic Solutions to Industry activities including defining the organizations necessary to resolve Identified Workforce Challenges systemic long-term care workforce program strategy and goals, identifying challenges, including partners such as needed skills and competencies, and, Grants funded under this SGA should organizations representing the long-term where appropriate, hiring qualified demonstrate how a demand-driven care industry, the long-term care training graduates and/or training workforce system can more effectively workforce, and/or consumers; state existing staff. Education and training meet the regional workforce needs of Medicare/Medicaid offices and other providers from the continuum of long-term care employers while at the state agencies addressing long-term care education, which includes K–12, same time helping workers find good delivery, payment, or workforce issues; community and technical colleges, four jobs with promising career pathways. Proposed solutions should be focused technical assistance providers such as year colleges and universities, and other and integrated, and should be driven by Area Health Education Centers and training entities, should assist in an accurate and comprehensive Quality Improvement Organizations; developing and implementing industry- understanding of regional industry- faith-based and community driven workforce education strategies in identified workforce challenges and the organizations that provide recruitment partnership with employers including educational, workforce, and other assets and retention support to entry-level competency models, curricula, and new learning methodologies such as available to support systemic solutions. workers; and other stakeholders. Applicants should note that grants A regional approach is necessary to apprenticeship training. The workforce investment system under this SGA are not intended to ensure that the full range of assets, may play a number of roles, including support the development of entirely resources, knowledge, and leadership compiling and analyzing labor market new solutions to long-term care are at the table. The strategic information, identifying and assessing workforce challenges. Rather, they are partnership should focus broadly on the candidates for training and intended to support partnerships that workforce challenges facing the long- employment, providing wrap-around either a) take an existing promising term care sector, and should work support services and training funds for solution, model, or approach to scale in collaboratively to identify and qualified individuals, where the region and/or b) adapt a solution, implement a wide range of solutions. appropriate, and connecting qualified model, or approach that has been Additionally, the partnership should training graduates to employers that demonstrated to have positive impact include entities that can act as levers of have existing job openings. on the identified workforce challenges change to identify and address barriers Partnerships with faith-based and in another region or context. The long- to success. Partners should have a community organizations are also term care sector and many public and demonstrated record of close encouraged. Grantees may elect to sub- private partners have been developing collaboration or coordination. If a high award funds to faith-based and solutions to long-term care workforce level of coordination or collaboration community organizations to perform a challenges for many years. Grants does not exist, applicants must variety of grant services such as case funded under this SGA should demonstrate their capacity to quickly management, mentoring, and English demonstrate an understanding of the establish these links and discuss language programs, among others. Faith- growing body of knowledge from public, strategies for strengthening the based and community organizations can private, and governmental sources about partnership. Applicants are advised that also provide wrap-around holistic and effective workforce development grant funds may not be used for comprehensive support services where practices for this sector. A sampling of partnership development. appropriate, such as employability resources for workforce solutions and In order to maximize the long-term training and career awareness activities. workforce development tools is success of the proposed solution and to Faith-based and community available in Appendix A to assist keep pace with the rapid changes both organizations can also be helpful in applicants in identifying appropriate in the economy and the nature of the identifying under-employed existing solution models. skills and competencies necessary for populations and pipelines of potential Applicants are not limited in the work in this sector, these partnerships trainees, including low-income strategies and approaches they may use need to be substantial and sustained. populations, immigrants, etc., and can to implement solutions provided the Therefore, the proposed solution to be provide the culturally-relevant supports strategy is well developed, addresses funded through this solicitation should and follow-up services necessary to aid industry-defined regional workforce be one of many strategies that evolve in job retention. challenges, and includes training to from the partnership. ETA encourages prepare entry level and/or incumbent partners to plan for the partnership’s B. Data Driven Analysis of Regional workers for the long-term care industry. sustainability beyond the HGJTI Long-Term Care Workforce Challenges To the extent possible, applicants are investment period to enable ongoing and Assets Available for Solutions encouraged to design training activities assessment of industry workforce needs The basis of partnership engagement that (a) occur within the context of and collaborative development of and activity should be a data-driven workforce education that supports long- solutions. analysis of workforce development term career growth, such as an

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articulated career ladder/lattice; and (b) organizations, economic development Part II. Award Information result in credentials that are industry- entities, state and local government 1. Award Amount recognized and indicate a level of agencies, education systems, and mastery and competence in a given field philanthropic foundations often invest ETA intends to fund five projects at or function. Please note that ETA is resources to support workforce approximately the $500,000 level; particularly interested in projects that development. In addition, other federal, however, this does not preclude funding focus on the direct care occupations state, and local government programs grants at either a lower or higher described in Part I.5. may have resources available that can be amount, or funding a smaller or larger Examples of potential solutions integrated into the proposed project. number of projects, based on the type include: Examples of such programs include and the number of quality submissions. 1. A program to create articulated other Department of Labor (DOL) Applicants are encouraged to submit career pathways for workers from entry- programs such as registered budgets for quality projects at whatever level occupations, such as direct apprenticeship and Job Corps, as well as funding level is appropriate to the support specialists, CNAs, and home non-DOL-funded One-Stop partner project. Nevertheless, applicants should health aids, to more advanced or programs such as Vocational recognize that the limited funds specialized positions, drawing on a Rehabilitation and Adult Education. available through this SGA are intended variety of education and development ETA encourages grantees and their to supplement project budgets rather techniques, including apprenticeship partners to be entrepreneurial as they than be the sole source of funds for the training. seek out, utilize, and sustain these proposal. 2. A program to support recruitment resources when creating effective 2. Period of Performance and retention of direct care workers solutions to the workforce challenges through strategic recruitment campaigns identified by the industry. The period of grant performance will and enhanced training opportunities. Please note that this grant opportunity be 36 months from the date of execution 3. A program to promote workplace has a match requirement. Information of the grant documents. This retention by providing peer mentoring on the match requirement can be found performance period shall include all and supervisory training to incumbent in Part III.4. necessary implementation and start-up workers. activities as well as participant follow- Where appropriate, applicants are E. Clear and Specific Outcomes up for performance outcomes and grant encouraged to align long-term care Grants awarded under this initiative close-out activities. A timeline clearly solutions with broader health care are results-oriented and demonstrate detailing these required grant activities workforce development strategies in the clear and specific outcomes that are and their expected completion dates region to further strengthen recruitment, appropriate to the nature of the solution must be included in the grant retention, skill development, education and the size of the project and that application. If applied for and with capacity-building, and career ladder/ indicate progress towards the workforce significant justification, ETA may elect lattice development. challenges identified by the partnership. to exercise its option to award no-cost ETA recognizes that a great deal of Because HGJTI grants invest in extensions to these grants for an work is being done in the area of customized strategies to address local additional period at its own discretion, improving job quality for long-term care workforce challenges and skill based on the success of the program and workers. While the goal of this SGA is shortages, ETA recognizes that other relevant factors. to support workforce development outcomes will vary from project to Part III. Eligibility Information solutions targeted at training and skill project based on the specific activities enhancement, grantees are encouraged proposed. HGJTI grants should 1. Eligible Applicants to link activities under this grant to demonstrate the effectiveness of all Applicants may be public, private for- broader state and regional activities and activities by creating appropriate profit, and private non-profit strategies to improve long-term care job benchmarks and measuring against organizations including faith-based and quality. them on a regular basis. community organizations. The Training outcomes must include those D. Shared and Leveraged Resources for application must clearly identify the tracked by the Common Measures, applicant and describe its capacity to Implementation OMB-approved uniform evaluation administer the HGJTI long-term care Investments under this SGA should metrics for job training and employment grant, in terms of organizational and leverage funds and resources from key programs. These outcomes include strategic leadership capacity and data entities in the strategic partnership. average earnings, job placements, and management capabilities. Applications Leveraging resources in the context of job retention. A detailed description of for supplementation of distinct on-going strategic partnerships accomplishes ETA’s policy on the Common Measures projects, regardless of funding source, three goals: (1) It allows for the pursuit can be found on the Common Measures/ are eligible for consideration under this of resources driven by the strategy; (2) Individual Program Performance SGA; however, applications for renewal it increases stakeholder investment in webpage at http://www.doleta.gov/ of existing projects will not be the project at all levels including design Performance/quickview/ considered. Please note that the and implementation phases; and (3) it IPPMeasures.cfm. applicant and fiscal agent must be the broadens the impact of the project itself Grants that include additional non- same organization. by creating alignment with other training activities should track the funding streams. Projects funded under impact of those activities on employers, 2. Required Partners this SGA should demonstrate that their workers, and appropriate partners. All Applicants must demonstrate the efforts align with federal, state, regional, outcomes and impacts of the proposed existence of a partnership that includes and local assets and resources. project should satisfactorily address the at least one entity from each of three Leveraged resources include both workforce needs identified by the categories: (1) The publicly funded federal and non-federal funds and may partnership. Where appropriate, grants Workforce Investment System, which come from many sources. Businesses, should use standard industry outcome may include state and local Workforce faith-based and community measures. Investment Boards, State Workforce

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Agencies, and One-Stop Career Centers 2. Training in fields with established matching funds versus leveraged funds. and their partners; (2) the education and professional standards and Only the matching funds shall be shown training community, which includes the examinations should result in on the SF–424 and SF–424a. The K–12 system, community and technical certification. amount of funds specified on these colleges, four year colleges and 3. In states where licensure is forms will be considered by DOL as the universities, and other training entities; required for the specific occupation applicant’s match. All other leverage and (3) long-term care employers. This targeted by the training, the resources should be explained in the partnership should be regional in credentialing requirement should be set budget narrative separate from the nature, as defined by the applicant. accordingly. explanation of match. 4. In some instances, training 3. Proposed Solutions provided under the HGJTI grant may 5. Participants Eligible to Receive HGJTI Training Building on Existing Best Practices lead to a degree. In these instances, the credential will be the degree itself or the Generally, the scope of potential This SGA is intended to support successful completion of coursework trainees is very broad. Training may be regional long-term care workforce required for the degree. targeted to a wide variety of development strategies that take full populations, including unemployed 4. Matching Funds and Leveraged advantage of existing solutions, models, individuals and incumbent workers. Resources promising practices, and tools while The identification of targeted and meeting the specific needs and Aligning resources and leveraging qualified trainees should be part of the circumstances of the identified region. funding are key components of success larger project planning process by the Therefore applicants must demonstrate under the High Growth Job Training required partnership and should relate that proposed solutions meet one of two Initiative. Therefore, applicants must to the workforce issues addressed by the criteria. Either a) the applicant proposes provide cash or in-kind resources training. to take an existing promising solution, equivalent to at least 25 percent of the 6. Veterans Priority model, or approach to scale in the grant award amount as matching funds. region and/or b) the applicant is Please note that neither prior This program is subject to the implementing a solution, model, or investments nor Federal resources may provisions of the ‘‘Jobs for Veterans approach that has been demonstrated to be counted as match. Act,’’ Public Law 107–288, which have positive impact on the identified To be allowable as part of match, a provides priority of service to veterans workforce development challenges in cost must be an allowable charge for and spouses of certain veterans for the another location. To the greatest extent Federal grant funds. Determinations of receipt of employment, training, and possible, applicants are also encouraged allowable costs will be made in placement services in any job training to use existing tools and curricula as accordance with the applicable Federal program directly funded, in whole or in part of their proposed grant activities. cost principles as indicated in Part IV.4. part, by the Department of Labor. Please If the cost would not be allowable as a note that to obtain priority of service, a Training Workers for Employment in grant-funded charge, then it also cannot veteran must meet the grantee’s program Long-Term Care be counted toward matching funds. eligibility requirements. ETA Training Matching funds must be expended All grants funded under this and Employment Guidance Letter during the grant period of performance. solicitation must include the direct (TEGL) No. 5–03 (September 16, 2003), Please note that applicants are provision of training to individual available at expected to fulfill the match amount participants. Applicants are not limited http://wdr.doleta.gov/directives/ specified on their SF–424 application _ in the strategies and approaches they corr doc.cfm?DOCN=1512, provides and SF–424a budget form. Upon may employ to implement training general guidance on the scope of the completion of the grant, if the match activities; however, the training must: veterans priority statute and its effect on amount specified by the applicant is not (a) Target skills and competencies current employment and training met or if a portion of the matching funds demanded by the long-term care sector; programs. are found to be an unallowable cost, the (b) support participants’ long-term amount of DOL grant funds may be 7. Other Eligibility Requirements career growth along a defined career decreased on a dollar for dollar basis. Distribution Rights. Selected pathway such as an articulated career This may result in the repayment of applicants must agree to give ETA the ladder or lattice; and (c) result in an funds to DOL. right to use and distribute all materials industry-recognized certificate, degree, Applicants are encouraged to leverage developed with grant funds such as or license that indicates a level of additional funds outside of the match to training models, curriculum, technical mastery and competence in a given field supplement the project as a whole. assistance products, etc. Materials or function. The credential awarded to Matching funds and leveraged resources developed with grant resources are in participants should be based on the type could come from a variety of sources the public domain; therefore, ETA has of training provided through the grant including: public sector (e.g., state or the right to use, reuse, modify, and and the requirements of the targeted local governments); non-profit sector distribute all grant-funded materials and occupation, and should be selected (e.g., community organizations, faith- products to any interested party, based on consultations with industry based organizations, or education and including broad distribution to the partners. For example: training institutions); private sector public workforce investment system via 1. Customized and short-term training (e.g., businesses or industry the Internet or other means. should result in a performance-based associations); investor community (e.g., Legal rules pertaining to inherently certification or certificate. This angel networks or economic religious activities by organizations that certification may be developed jointly development entities); and the receive Federal financial assistance. The by employers and the project partners, philanthropic community (e.g., government is generally prohibited from based on defined knowledge and skill foundations). providing direct Federal financial requirements for specific high-growth Applicants should clearly make the assistance for inherently religious occupations. distinction of what will be considered activities. See 29 CFR part 2, subpart D.

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Grants under this solicitation may not Please note that applicants that fail to be considered. Please note that be used for religious instruction, provide a SF 424, SF 424A and/or a applicants should not send letters of worship, prayer, proselytizing, or other budget narrative will be removed from commitment or support separately to inherently religious activities. Neutral, consideration prior to the technical ETA because letters are tracked through non-religious criteria that neither favor review process. Only an applicant’s a different system and will not be nor disfavor religion will be employed match amount (not other leveraged attached to the application for review. in the selection of grant recipients and resources) should be listed on the SF Applications may be submitted must be employed by grantees in the 424 (Block 18) and SF 424A Budget electronically on www.grants.gov or in selection of sub-recipients. Information Form (Section A & C). The hard-copy via U.S. mail, professional amount of federal funding requested for delivery service, or hand delivery. Part IV. Application and Submission the entire period of performance should These processes are described in further Information be shown together on the SF 424 and SF detail in Section IV(3). Applicants 1. Address to Request Application 424A Budget Information Form. submitting proposals in hard-copy must Package Applicants are also encouraged, but not submit an original signed application This announcement includes all required, to submit OMB Survey N. (including the SF 424) and one (1) information and links to forms needed 1890–0014: Survey on Ensuring Equal ‘‘copy-ready’’ version free of bindings, to apply for this funding opportunity. Opportunity for Applicants, which can staples or protruding tabs to ease in the be found at http://www.doleta.gov/sga/ reproduction of the proposal by DOL. 2. Content and Form of Application forms.cfm. Applicants submitting proposals in Submission Part II of the application is the hard-copy are also requested, though The proposal must consist of two (2) technical proposal which demonstrates not required, to provide an electronic separate and distinct parts, Parts I and the applicant’s capabilities to plan and copy of the proposal on CD–ROM. implement a demonstration project II. Applications that fail to adhere to the 3. Submission Dates and Times instructions in this section will be under the High Growth Job Training considered non-responsive and may not Initiative in accordance with the The closing date for receipt of be given further consideration. selection criteria. The Technical applications under this announcement Part I of the proposal is the Cost Proposal is limited to twenty (20) is April 5, 2007. Applications must be Proposal and must include the double-spaced, single-sided, 8.5-inch- received at the address below, or following three items: by-11-inch pages with 12-point font and electronically received at the website • The Standard Form (SF) 424, 1-inch margins. Any pages over the 20 below, no later than 4 p.m. (Eastern ‘‘Application for Federal Assistance’’ page limit will not be reviewed. In Time), except as identified in the ‘‘Late (available at http://www.grants.gov/ addition, the applicant may provide Applications’’ paragraph below. techlib/424_20090131.doc). The SF 424 resumes, a staffing pattern, statistical Applications sent by e-mail, telegram, or must clearly identify the applicant and information, and related materials in facsimile (fax) will not be honored. No be signed by an individual with attachments which may not exceed 10 exceptions to the mailing and delivery authority to enter into a grant pages. Letters of commitment from requirements set forth in this notice will agreement. Upon confirmation of an partners may be submitted as be granted. award, the individual signing the SF attachments and will not count against Mailed applications must be 424 on behalf of the applicant shall be the allowable maximum page totals. The addressed to the U.S. Department of considered the authorized applicant must reference any Labor, Employment and Training representative of the applicant. participating entities and articulate their Administration, Division of Federal • All applicants for federal grant and role in grant activities clearly in the text Assistance, Attention: Eric Luetkenhaus, funding opportunities are required to of the Technical Proposal. Reference SGA/DFA PY 06–07, 200 have a Dun and Bradstreet (DUNS) Except for the discussion of match Constitution Avenue, NW., Room N– number. See Office of Management and and leveraged resources in response to 4716, Washington, DC 20210. Budget (OMB) Notice of Final Policy the evaluation criteria, no cost data or Applicants are advised that mail Issuance, 68 FR 38402 (June 27, 2003). reference to prices should be included delivery in the Washington area may be Applicants must supply their DUNS in the technical proposal. The following delayed due to mail decontamination number on the SF 424. The DUNS information is required as part of the procedures. Hand-delivered proposals number is a nine-digit identification technical proposal: will be received at the above address. number that uniquely identifies • A table of contents listing the Applicants may apply online at business entities. Obtaining a DUNS application sections. http://www.grants.gov by the deadline number is easy and there is no charge. • A 2–3 page abstract summarizing specified above. Any application To obtain a DUNS number, access this the proposed project and applicant received after the deadline will not be Web site: www.dunandbradstreet.com profile information including: (1) accepted. For applicants submitting or call 1–866–705–5711. Applicant name; (2) project title; (3) electronic applications via Grants.gov, • The SF 424A Budget Information identification of region; (4) overview of please note that it may take several days Form (available at http:// strategies; (5) regional partnership to complete the ‘‘Get Started’’ step to www.doleta.gov/sga/forms.cfm). In members; and (6) requested funding register with Grants.gov. It is strongly preparing the Budget Information Form, level. recommended that these applicants the applicant must provide a concise • A 1–2 page timeline. immediately initiate this step in order to narrative explanation to support the • An implementation plan outlining avoid unexpected delays that could request. The budget narrative should project activities. result in the disqualification of their break down the budget, match and Please note that the table of contents, application. If submitted electronically leveraged resources by the project the abstract, and the timeline are not through http://www.grants.gov, activities specified in the technical included in the 20-page limit. The applicants should save application proposal and should discuss precisely implementation plan will be included documents as a .doc or .pdf file. how the administrative costs support in the 20-page limit. Applications that A Webinar for prospective applicants the project goals. do not meet these requirements will not will be held for this grant competition

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on March 5, 2007. Access information 5. Funding Restrictions withdrawn in person by the applicant or for the Webinar will be posted on ETA’s Determinations of allowable costs will by an authorized representative thereof, Web site at http://www.doleta.gov/BRG/ be made in accordance with the if the representative signs a receipt for Indprof/Health.cfm. Following the applicable Federal cost principles as the proposal. Webinar, this link will also include indicated in Part VI.2. Disallowed costs Part V. Application Review Information instructions for accessing an archived are those charges to a grant that the 1. Rating Criteria version. Please note that frequently grantor agency or its representative asked questions may be made available determines not to be allowed in This section identifies and describes and will be found on ETA’s Web site at accordance with the applicable Federal the criteria that will be used to evaluate http://ww.doleta.gov/BRG/Indprof/ Cost Principles or other conditions the proposals under this SGA: (A) Health.cfm. Applicants are encouraged contained in the grant. As discussed Statement of Need (15 points); (B) to check the ETA Web site frequently, above, only costs that would be Strength of Partnership (20 points); (C) as the frequently asked questions allowable with grant funds may be Strategies for Long-Term Care document may be updated from time to counted as part of the recipients’ share Workforce Development (30 points); (D) time up until the close of the SGA. of project costs. Outcomes (15 points); (E) Leveraged Late Applications: Any application Use of Stipends. The provision of Resources (10 points); and (F) Program received after the exact date and time stipends to training enrollees for the Management and Organization Capacity specified for receipt at the office purposes of wage replacement or (10 points). designated in this notice will not be supportive services, such as A. Statement of Need (15 points) transportation costs, for unemployed or considered, unless it is received before Applicants must identify the region in awards are made, was properly employed workers, is not an allowable cost under this Solicitation for Grant which grant activities will take place addressed, and: (a) Was sent by U.S. and demonstrate a clear and specific Postal Service registered or certified Applications. Indirect Costs. As specified in OMB need for the federal investment in the mail not later than the fifth calendar day proposed activities. Scoring for this before the date specified for receipt of Circular Cost Principles, indirect costs are those that have been incurred for factor will be based on the following. applications (e.g., an application Identification of the region (5 points). common or joint objectives and cannot required to be received by the 20th of Applicants must define the region of be readily identified with a particular the month must be post marked by the focus in the proposal, demonstrate the 15th of that month) or (b) was sent by cost objective. In order to utilize grant appropriateness of the geographic professional overnight delivery service funds for indirect costs incurred, the boundaries of the region as it relates to or submitted on Grants.gov to the applicant must obtain an Indirect Cost the long-term care sector. This addressee not later than one working Rate Agreement with its Federal discussion should include, but is not day prior to the date specified for cognizant agency either before or shortly limited to, how the following factors receipt of applications. It is highly after the grant award. contribute to the formation of the recommended that online submissions Administrative Costs. Under the region: be completed one working day prior to President’s High Growth Job Training • Economic interdependence the date specified for receipt of Initiative, an entity that receives a grant (relating how the long-term care applications to ensure that the applicant to carry out a project or program may industry contributes to and is impacted still has the option to submit by not use more than 10 percent of the by the regional economy) overnight delivery service in the event amount of the grant to pay • Assets (e.g., human capital, of any electronic submission problems. administrative costs associated with the educational capacity, financial capital, ‘‘Post marked’’ means a printed, program or project. Administrative costs research and development institutions, stamped or otherwise placed impression could be both direct and indirect costs, infrastructure, etc.) • (exclusive of a postage meter machine and are defined at 20 CFR 667.220. Networks (e.g., how strategic impression) that is readily identifiable, Administrative costs do not need to be partners are collaborating to develop without further action, as having been identified separately from program costs talent in the context of the regional on the SF 424A Budget Information supplied or affixed on the date of economy) Form. They should be discussed in the Demonstration of need (10 points). mailing by an employee of the U.S. budget narrative and tracked through Through narrative discussion and data Postal Service. Therefore, applicants the grantee’s accounting system. displays, the applicant must provide an should request the postal clerk to place Although there will be administrative overview of the labor market and a legible hand cancellation ‘‘bull’s eye’’ costs associated with the managing of economic landscape of the region, the postmark on both the receipt and the the partnership as it relates to specific role of the long-term care sector in the package. Failure to adhere to the above grant activity, the primary use of economy, and the state of workforce instructions will be a basis for a funding should be to support the actual preparation and education related to the determination of non-responsiveness. capacity building and training sector. Applicants may draw from a Evidence of timely submission by a activity(ies). To claim any variety of resources for supporting data, professional overnight delivery service administrative costs that are also including: traditional labor market must be demonstrated by equally indirect costs, the applicant must obtain information, including projections; reliable evidence created by the delivery an indirect cost rate agreement as industry data; trade association or direct service provider indicating the time and described above. information for the local industry; and place of receipt. information on the regional economy 6. Other Submission Requirements 4. Intergovernmental Review and other transactional data, such as job Withdrawal of Applications. vacancies, that are available. Discussion This funding opportunity is not Applications may be withdrawn by should include, but is not limited to, the subject to Executive Order (EO) 12372, written notice or telegram (including following: ‘‘Intergovernmental Review of Federal Mailgram) received at any time before • Demonstrated knowledge of the Programs’’. an award is made. Applications may be long-term care sector in the region,

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including the impact of the industry on institutions necessary to address the explained, and their source identified. the regional economy. identified workforce challenges. If all The applicant explains how the • Demonstrated existence of key regional assets and institutions are partnership has drawn upon existing identified workforce challenges in the not currently engaged in the tools and approaches in building its region, and if capacity building partnership, then the applicant must solution. (4 points). activities are proposed, demonstrated clearly identify how appropriate • The proposed strategy is cohesive existence of a capacity constraint in organizations or individuals will be in nature and includes training addressing those challenges, in the area brought into the partnership quickly. (4 activities that target skills and in which the grant activity will take points). competencies demanded by the long- place. • Demonstration that integration or a term care industry and support • Discussion of how the industry high level of coordination already exists participants’ long-term career growth workforce challenges affect the specific between partners. If a high level of along a defined career pathway such as employer partners contained in the integration or coordination does not an articulated career ladder and lattice. proposal. exist, then the applicant must • The proposed training activities should Description of the resource analysis demonstrate that it has the capacity to also lead to an appropriate credential. If and mapping that has been conducted to quickly establish these links and discuss the credential targeted by the training date that demonstrates that local strategies for strengthening the project is a certificate- or performance- resources are not sufficient to address partnership. (2 points). based certification, applicants should • the workforce challenges. Identification of how the either (a) demonstrate employer B. Strength of Partnership (20 points) partnership will ensure the integration engagement in the curriculum of education, workforce development, development process, or (b) indicate The applicant must demonstrate that industry and other partner assets. (2 the proposed grant activities were that the certification will translate into points). concrete job opportunities with an developed and will be implemented by • Indication that the partnership has a strategic partnership comprised of a employer. (5 points). addressed sustainability beyond the • Strategies are present to increase strong team of regional leaders. The High Growth Job Training Initiative partnership must be representative of synergy between the workforce system, investment. (2 points). education community, and the long- the entire region as defined by the Partnership Management (5 points). term care sector. If appropriate, the applicant and have the authority to Points for this factor will be awarded applicant discusses the nature of larger drive the proposed investment strategy. based on evidence that the strategic economic development, long- One or more long-term care employers, administrative entity has the capacity to term care sector, or workforce representatives of the workforce system lead the regional partnership in investment projects with which the (i.e., state and/or local workforce implementing the initiative. Discussion proposed project is aligned. (4 points). investment boards and One-Stop Career should include, but is not limited to, the • The proposed activities lay the Centers), and education and training administrative entity’s leadership and foundation for long-term workforce providers are required partners. staff capacity and experience planning and development for the long- Applicants should also demonstrate that implementing initiatives of this caliber. they have included a broader term care sector in the region, and the consortium of partners where C. Strategies for Long-Term Care applicant describes a reasonable strategy appropriate, including organizations Workforce Development (30 points) for sustaining the partnership-driven representing entities such as the long- The applicant must describe the solutions-based approach for the long- term care industry, the long-term care proposed workforce development term care sector beyond the federal workforce, or consumers; state solution strategy in full, including all investment. (2 points). Medicare/Medicaid offices and other solution elements and implementation Implementation Strategy (10 points). state agencies addressing long-term care strategies, how the solutions address the Applicants can earn up to 10 points delivery, payment, or workforce issues; workforce challenges described in the based on evidence that the applicant has technical assistance providers such as statement of need, and how the a clear understanding of the tasks Area Health Education Centers and proposed solution draws on existing required to successfully meet the Quality Improvement Organizations; best practices, models, and tools. Points objectives of the grant. Factors and others. Scoring on this criterion will for this criterion will be awarded for the considered in evaluating this evidence be based on the following factors: following factors: include: (1) The existence of an Completeness of the Partnership (15 Solution Description (20 points). implementation plan that is responsive points). The applicant must identify the Applicants may earn up to 20 points to the applicant’s statement of need and partners and explain the meaningful based on evidence that the applicant has includes specific goals, objectives, role each partner will play in the developed an effective solutions-based activities, implementation strategies, project. Points for this factor will be approach and a plan of implementation and a timeline; (2) the feasibility and awarded based on: that will address the following reasonableness of the timeline for • A comprehensive list of the objectives: accomplishing all necessary strategic partners that will be included • The proposed project activities will implementation activities, including in the project and the articulation of effectively address one or more start-up, capacity building (if each partner’s role in the project within workforce challenges identified by the applicable) and training activities, an overall project governance structure. long-term care sector as discussed in participant follow-up for performance Please note that, in order to receive full Sections I.5 of this SGA and the outcomes, and grant close-out activities; points, applicants must demonstrate proposed activities were developed in (3) whether budget line items are that each required partner will play a the context of a solutions-based consistent with and tied to the work well-developed and committed role in approach. (5 points). plan objectives; and (4) the extent to the project. (5 points). • The solution models and workforce which the budget is justified with • Demonstration that the partnership development approaches that guide the respect to the adequacy and includes all the key regional assets and proposed activities have been clearly reasonableness of resources requested.

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D. Outcomes (15 points) stated outcomes within the timeframe of and/or related activities of the primary Applicants should demonstrate a the grant, based on the identified partners. results-oriented approach to managing implementation strategies; (3) the Scoring under this criterion will be and operating the proposed project by appropriateness of the outcomes with based on the extent to which applicants fully describing the proposed outcome respect to both the extent of the provide evidence of the following: workforce challenge described in the measures relevant to measuring the • The time commitment of the success or impact of the project. Scoring statement of need and the requested level of funding. proposed staff is sufficient to ensure on this criterion will be based on the proper direction, management, and following factors: E. Match and Leveraged Resources (10 timely completion of the project. Description of Outcomes (10 points). points) • Applicants may earn up to 10 points for The roles and contribution of staff, indicating that appropriate measurable Applicants should clearly describe consultants, and collaborative outcomes have been established as the required matching funds and any organizations are clearly defined and detailed below. The description of additional funds or resources leveraged linked to specific objects and tasks. outcomes must include: (1) Baseline in support of the proposed strategies • The background, experience, and numbers for tracking progress; (2) and demonstrate how these funds will other qualifications of the staff are specific outcome goals expressed be used to contribute to the goals of the sufficient to carry out their designated numerically where appropriate; and (3) project. Important elements of the roles. the methods proposed to collect and explanation include: • • The applicant organization has validate outcome data in a timely and Which partners and/or grant subrecipient have contributed match significant capacity to accomplish the accurate manner, and the frequency goals and outcomes of the project, with which outcome data will be and leveraged resources and the extent of each contribution, including an including the ability to collect and assessed. manage data in a way that allows • Training. Applicants must identify itemized description of each consistent, accurate, and expedient the number of individuals to be trained contribution. reporting. under the grant and track training • The quality of the match and outcome measures that are consistent leveraged resources, including the 2. Review and Selection Process with ETA’s Common Measures, such as extent to which each contribution will employment placement numbers and/or be used to further the goals of the Applications will be accepted after average earnings and retention. Other project. the publication of this announcement outcome measures that should be • Evidence, such as letters of until the closing date. A technical tracked include the number of commitment, that key partners have review panel will make a careful individuals awarded credentials or expressed a clear commitment to evaluation of applications against the degrees, and any other outcome provide the contribution. criteria set forth in Section V of this measures specific to the proposed Assessment of this criterion will be Solicitation. These criteria are based on training project. Applications must also based on the extent to which the the policy goals, priorities, and identify the type of credential that application fully describes the amount, emphases set forth in this SGA. Up to participants will earn as a result of the commitment, nature, and quality of 100 points may be awarded to an proposed training, and the employer-, match and leveraged resources. A match application, based on the required industry-, vendor-, or state-defined in the sum of at least 25 percent of the information described in Section V of standards associated with the Federal funding request must be this Solicitation. The ranked scores will credential. provided. Matching funds may be either serve as the primary basis for selection • Other grant activities. Applicants cash or in-kind. Both matching funds of applications for funding, in that have other related non-training and additional leveraged resources will conjunction with other factors such as activities in their projects must clearly be scored based on the degree to which urban, rural, and geographic balance; describe the tangible results of those the source and use of those resources balance across long-term care activities and indicate the number of are clearly explained and the extent to occupations served, as stated in Part I participants or entities who will benefit which all resources are fully integrated (5) of this SGA; the availability of funds; in either the short and/or long term, into the project to support grant and which proposals are most from the proposed activities. If specific outcomes. advantageous to the Government. The products or models result from these F. Program Management and panel results are advisory in nature and activities or are acquired with Federal Organizational Capacity (10 points) not binding on the Grant Officer, who funds through the grant, these must be may consider any information that clearly described. Applicants must To satisfy this criterion, applicants comes to his attention. DOL may elect describe the data measures that will be must describe their proposed project to award the grant(s) with or without used to measure how the proposed management structure including, where prior discussions with the applicants. activities impact the ability of entities to appropriate, the identification of a Should a grant be awarded without train workers for skills in demand by proposed project manager, discussion of discussions, the award will be based on the long-term care sector or address the proposed staffing pattern, and the the applicant’s signature on the SF 424, other identified industry challenges. qualifications and experience of key which constitutes a binding offer. Appropriateness of Outcomes (5 staff members. The applicant should points). Applicants may earn up to 5 also show evidence of the use of data Part VI. Award Administrative points based on three factors: (1) The systems to track outcomes in a timely Information extent to which the expected project and accurate manner. The applicant 1. Award Notices outcomes are clearly identified and should include a description of measurable, realistic, and consistent organizational capacity and the All award notifications will be posted with the objectives of the project; (2) the organization’s track record in projects on the ETA homepage at http:// ability of the applicant to achieve the similar to that described in the proposal www.doleta.gov.

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2. Administrative and National Policy Programs or Activities Receiving must use ETA’s Online Electronic Requirements—Administrative Program Federal Financial Assistance. Reporting System. Requirements • 29 CFR part 37—Implementation of Progress Reports. The grantee must submit a quarterly progress report to the All grantees will be subject to all the Nondiscrimination and Equal designated Federal Project Officer applicable Federal laws (including Opportunity Provisions of the within 30 days after the end of each provisions in appropriations law), Workforce Investment Act of 1998 calendar year quarter. Two copies are to regulations, and the applicable Office of (WIA). be submitted providing a detailed Management and Budget (OMB) Note: Except as specifically provided in account of activities undertaken during Circulars. The applicants selected under this notice, ETA’s acceptance of a proposal that quarter. The Department may the SGA will be subject to the following and award of Federal funds to sponsor any require additional data elements to be administrative standards and program(s) does not provide a waiver of any grant requirements and/or procedures. For collected and reported on either a provisions, if applicable: example, the OMB Circulars require that an • Workforce Investment Act—20 regular basis or special request basis. entity’s procurement procedures must ensure Grantees must agree to meet the Code of Federal Regulations (CFR) Part that all procurement transactions are 667.200 (General Fiscal and Department’s reporting requirements. conducted, as much as practical, to provide The quarterly progress report must be Administrative Rules). open and free competition. If a proposal • in narrative form and must include: Non-Profit Organizations—Office of identifies a specific entity to provide 1. In-depth information on services, the ETA’s award does not provide Management and Budget (OMB accomplishments including project Circulars A–122 (Cost Principles) and the justifications or basis to sole-source the procurement, i.e., avoid competition, unless success stories, upcoming grant 29 CFR Part 95 (Administrative activities, and promising approaches Requirements). the activity is regarded as the primary work • of an official partner to the application. and processes. Educational Institutions—OMB 2. Progress toward performance Circulars A–21 (Cost Principles) and 29 Evaluation Requirements outcomes, including updates on CFR Part 95 (Administrative product, curricula, and training Requirements). DOL may require that the program or • development. State and Local Governments— project participate in an evaluation of 3. Status of project as it relates to the OMB circulars A–87 (Cost Principles) overall HGJTI grant performance. To approved implementation plan. and 29 CFR Part 97 (Administrative measure the impact of grants funded 4. Challenges, barriers, or concerns Requirements). under the HGJTI, ETA may arrange for regarding project progress. • All entities must comply with 29 or conduct an independent evaluation 5. Lessons learned in the areas of CFR Parts 93 and 98, and where of the outcomes and benefits of the project administration and management, applicable, 29 CFR Parts 96 and 99. projects. Grantees must agree to make project implementation, partnership • In accordance with Section 18 of records on participants, employers, and relationships, and other related areas. the Lobbying Disclosure Act of 1995, funding available and to provide access Final Report. A draft final report must Public Law 104–65 (2 U.S.C. 1611) non- to program operating personnel and to be submitted no later than 60 days prior profit entities incorporated under participants, as specified by the to the expiration date of the grant. This Internal Revenue Code Section 501(c)(4) evaluator(s) under the direction of ETA, report must summarize project that engage in lobbying activities will including after the expiration date of the activities, employment outcomes, and not be eligible for the receipt of Federal grant. related results of the project, and should funds and grants. Reporting Requirements thoroughly document the project • 29 CFR part 2, subpart D—Equal solution approach. After responding to Treatment in Department of Labor As a condition of participation in the ETA’s questions and comments on the Programs for Religious Organizations; High Growth Job Training Initiative, draft report, three copies of the final Protection of Religious Liberty of successful applicants will be required to report must be submitted no later than Department of Labor Social Service submit performance information as well the grant expiration date. Grantees must Providers and Beneficiaries. as Quarterly Financial Reports, Progress agree to use a designated format • 29 CFR part 30—Equal Employment Reports and Final Reports. specified by the Department to prepare Opportunity in Apprenticeship and Performance Requirements. High the final report. Training. Growth Job Training Initiative grantees • 29 CFR part 31—Nondiscrimination are required to report outcomes for the Part VII. Agency Contacts in Federally Assisted Programs of the Common Performance Measures, which Any technical questions regarding Department of Labor—Effectuation of measure entry into employment, this SGA should be faxed to Jeannette Title VI of the Civil Rights Act of 1964. retention in employment, and earnings. Flowers, Fax number (202) 693–2705 • 29 CFR part 32—Nondiscrimination Additional information on ETA’s (not a toll-free number). You must on the Basis of Handicap in Programs Common Measures policy can be found specifically address your fax to the and Activities Receiving or Benefiting in Training Employment Guidance attention of Jeannette Flowers and from Federal Financial Assistance. Letter No. 17–05, Common Measures should include the following: SGA/DFA • 29 CFR part 33—Enforcement of Policy for the Employment and Training PY 06–07, a contact name, fax, and Nondiscrimination on the Basis of Administration’s (ETA) Performance telephone number. Handicap in Programs or Activities Accountability System and Related FOR FURTHER INFORMATION CONTACT: Conducted by the Department of Labor. Performance Issues. Jeannette Flowers, at (202) 693–3322 • 29 CFR part 35—Nondiscrimination Quarterly Financial Reports. A (not a toll-free number). This on the Basis of Age in Programs or Quarterly Financial Status Report (SF announcement is also being made Activities Receiving Federal Financial 269) is required until such time as all available on http://www.grants.gov. Assistance from the Department of funds have been expended or the grant Labor. period has expired. Quarterly financial Part VIII. Other Information • 29 CFR part 36—Nondiscrimination reports are due 30 days after the end of OMB Information Collection No. on the Basis of Sex in Education each calendar year quarter. Grantees 1205–0458.

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Expires September 30, 2009. workforce3one.org/content/members/ THE NATIONAL FOUNDATION ON THE According to the Paperwork marchive/131/. ARTS AND THE HUMANITIES Reduction Act of 1995, no persons are Competency Model Clearinghouse Meetings of Humanities Panel required to respond to a collection of The Competency Model Clearinghouse was information unless such collection created by the Employment and Training AGENCY: The National Endowment for displays a valid OMB control number. Administration to support the development the Humanities. Public reporting burden for this of competency-based training that meets collection of information is estimated to industry need. The Clearinghouse hosts a ACTION: Notice of Meetings. searchable database of competency models, average 20 hours per response, SUMMARY: Pursuant to the provisions of including time for reviewing training strategies, and curricula, including apprenticeship models, for the long-term care the Federal AdvisoryCommittee Act instructions, searching existing data sector. The Clearinghouse can be accessed at (Public Law 92–463, as amended), sources, gathering and maintaining the http://www.careeronestop.org/ notice is hereby given that the following data needed, and completing and CompetencyModel/. meetings of Humanities Panels will be reviewing the collection of information. Better Jobs for Better Care held at the Old Post Office, 1100 Send comments regarding the burden Better Jobs Better Care is a 4-year $15.5 Pennsylvania Avenue, NW., estimated or any other aspect of this Washington, DC 20506. collection of information, including million research and demonstration program, funded by the Robert Wood Johnson suggestions for reducing this burden, to FOR FURTHER INFORMATION CONTACT: Foundation and The Atlantic Philanthropies. Heather Gottry, Acting Advisory the U.S. Department of Labor, the OMB As part of the program, participants seek to Desk Officer for ETA, Office of Committee Management Officer, achieve changes in long-term care policy and National Endowment for the Management and Budget, Room 10235, practice that help to reduce high vacancy and Washington, DC 20503. Please do not turnover rates among direct care staff across Humanities, Washington, DC 20506; return your completed application to the spectrum of long-term care settings and telephone (202) 606–8322. Hearing- the OMB. Send it to the address contribute to improved workforce quality. impaired individuals are advised that provided by the sponsoring agency. Access to program models, solutions, and information on this matter may be tools funded under the initiative are available obtained by contacting the This information is being collected for through their Web site, http://www.bjbc.com. Endowment’s TDD terminal on (202) the purpose of awarding a grant. The 606–8282. information collected through this The National Clearinghouse on the Direct Care Workforce ‘‘Solicitation for Grant Applications’’ SUPPLEMENTARY INFORMATION: The will be used by the Department of Labor The National Clearinghouse on the Direct proposed meetings are for the purpose to ensure that grants are awarded to the Care Workforce is a national on-line library of panel review, discussion, evaluation for people in search of solutions to the direct- and recommendation on applications applicant best suited to perform the care staffing crisis in long-term care. A functions of the grant. Submission of for financial assistance under the project of the Paraprofessional Healthcare National Foundation on the Arts and the this information is required in order for Institute (PHI), the Clearinghouse includes the applicant to be considered for award government and research reports, news, issue Humanities Act of 1965, as amended, of this grant. Unless otherwise briefs, fact sheets, and other information on including discussion of information specifically noted in this topics such as recruitment, career given in confidence to the agency by the announcement, information submitted advancement supervision, workplace culture, grant applicants. Because the proposed in the respondent’s application is not and caregiving practices. The Clearinghouse meetings will consider information that also houses training manuals and how-to considered to be confidential. is likely to disclose trade secrets and guides, a list of direct-care worker commercial or financial information Signed at Washington, DC, this 12th day of associations and listings to other obtained from a person and privileged February, 2007. associations, resources, and events. The or confidential and/or information of a Eric D. Luetkenhaus, Clearinghouse can be accessed at www.directcareclearinghouse.org. personal nature the disclosure of which Grant Officer, Employment and Training would constitute a clearly unwarranted Administration. Direct Service Worker Resource Center invasion of personal privacy, pursuant Attachments The National Direct Service Workforce to authority granted me by the (DSW) Resource Center, funded by the Chairman’s Delegation of Authority to Appendix A: Resources for Workforce Centers for Medicare and Medicaid Services Close Advisory Committee meetings, Solutions and Development Tools for (CMS) under the U.S. Department for Health dated July 19, 1993, I have determined Long-Term Care and Human Services, supports efforts support the successful implementation of that these meetings will be closed to the Appendix A: Resources for Workforce efforts to improve recruitment and retention public pursuant to subsections (c) (4), Solutions and Development Tools for of direct support professionals who assist and (6) of section 552b of Title 5, United the Long-Term Care Sector people with disabilities and older adults to States Code. live independently and with dignity in the Workforce3One 1. Date: March 1, 2007. community. This includes direct support Time: 9 a.m. to 5 p.m. Workforce3One.org is an integrated Web professionals, personal care attendants, Room: 415. space designed to support the demand-driven personal assistance providers, home care workforce investment system. aides, home health aides and others. The Program: This meeting will review Workforce3One offers performance support Resource Center houses a resource database applications for Special Collections, tools, products, and resources that help to 1) for information, policy research, technical submitted to the Division of build awareness of the ‘‘demand-driven expertise, training tools, and more covering Preservation and Access at the October workforce system’’ philosophy; 2) share a variety of topics such recruitment, 3, 2006 deadline. valuable information about emerging high retention, training, supervision, and 2. Date: March 6, 2007. growth/high-demand and economically vital consumer direction. The Resource Center can Time: 9 a.m. to 5 p.m. industries; and 3) share best practices, be accessed at http:// Room: 415. strategies, solutions, and tools for addressing www.dswresourcecenter.org/. industry-identified workforce challenges. Program: This meeting will review Resources specific to the long-term care [FR Doc. E7–2741 Filed 2–15–07; 8:45 am] applications for Material Culture, industry are available here: http://www. BILLING CODE 4510–FN–P submitted to the Division of

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Preservation and Access at the October 5. The number of annual respondents: ACTION: Notice of pending NRC action to 3, 2006 deadline. 78. submit an information collection 3. Date: March 8, 2007. 6. The number of hours needed request to the Office of Management and Time: 9 a.m. to 5 p.m. annually to complete the requirement or Budget (OMB) and solicitation of public Room: 415. request: 417 hours (371 hours for comment. Program: This meeting will review reporting and 46 hours for applications for National Digital recordkeeping) or approximately .26 SUMMARY: The NRC is preparing a Newspaper Program (NDNP), submitted hours per response. submittal to OMB for review of to the Division of Preservation and 7. Abstract: NRC-regulated facilities continued approval of information Access at the October 3, 2006 deadline. and other organizations are required to collections under the provisions of the 4. Date: March 13, 2007. provide information and maintain Paperwork Reduction Act of 1995 (44 Time: 9 a.m. to 5 p.m. records to ensure that an adequate level U.S.C. Chapter 35). Room: 315. of protection is provided NRC-classified Information pertaining to the Program: This meeting will review information and material. requirement to be submitted: applications for Digital Humanities Submit, by April 17, 2007, comments 1. The title of the information Workshop, submitted to the Division of that address the following questions: collection: 10 CFR Part 11—Criteria and Education Programs at the January 17, 1. Is the proposed collection of Procedures for Determining Eligibility 2007 deadline. information necessary for the NRC to for Access to or Control Over Special 5. Date: March 29, 2007. properly perform its functions? Does the Nuclear Material. Time: 8:30 a.m. to 5:30 p.m. information have practical utility? 2. Current OMB approval number: Room: 415. 2. Is the burden estimate accurate? OMB No. 3150–0062. 3. How often the collection is Program: This meeting will review 3. Is there a way to enhance the required: On occasion. New applications for Humanities Projects in quality, utility, and clarity of the applications, certifications, and Museums and Historical Organizations, information to be collected? 4. How can the burden of the amendments may be submitted at any submitted to the Division of Public information collection be minimized, time. Applications for renewal are Programs at the January 23, 2007 including the use of automated submitted every 5 years. deadline. collection techniques or other forms of 4. Who is required or asked to report: Heather Gottry, information technology? Employees (including applicants for Acting Advisory Committee Management A copy of the draft supporting employment), contractors and Officer. statement may be viewed free of charge consultants of NRC licensees and [FR Doc. E7–2780 Filed 2–15–07; 8:45 am] at the NRC Public Document Room, One contractors whose activities involve BILLING CODE 7536–01–P White Flint North, 11555 Rockville access to or control over special nuclear Pike, Room O–1 F21, Rockville, MD material at either fixed sites or in 20852. OMB clearance requests are transportation activities. NUCLEAR REGULATORY available at the NRC worldwide Web 5. The number of annual respondents: COMMISSION site: http://www.nrc.gov/public-involve/ 5 NRC licensees. doc-comment/omb/index.html. The 6. The number of hours needed Agency Information Collection document will be available on the NRC annually to complete the requirement or Activities: Proposed Collection; home page site for 60 days after the request: 1.25 hours (approximately 0.25 Comment Request signature date of this notice. hours annually per response). Comments and questions about the 7. Abstract: NRC regulations in 10 AGENCY: U. S. Nuclear Regulatory information collection requirements CFR Part 11 establish requirements for Commission (NRC). may be directed to the NRC Clearance access to special nuclear material, and ACTION: Notice of pending NRC action to Officer, Margaret A. Janney (T–5 F52), the criteria and procedures for resolving submit an information collection U.S. Nuclear Regulatory Commission, questions concerning the eligibility of request to the Office of Management and Washington, DC 20555–0001, by individuals to receive special nuclear Budget (OMB) and solicitation of public telephone at 301–415–7245, or by material access authorization. Personal comment. Internet electronic mail to history information which is submitted [email protected]. on applicants for relevant jobs is SUMMARY: The NRC is preparing a For the Nuclear Regulatory Commission. provided to the Office of Personnel submittal to OMB for review of Management (OPM), which conducts continued approval of information Dated at Rockville, Maryland, this 8th day of February 2007. investigations. NRC reviews the results collections under the provisions of the of these investigations and makes Margaret A. Janney, Paperwork Reduction Act of 1995 (44 determinations of the eligibility of the U.S.C. Chapter 35). NRC Clearance Officer, Office of the Chief applicants for access authorization. Information Officer. Information pertaining to the Submit, by April 17, 2007, comments requirement to be submitted: [FR Doc. E7–2790 Filed 2–15–07; 8:45 am] that address the following questions: 1. The title of the information BILLING CODE 7590–01–P 1. Is the proposed collection of collection: 10 CFR Part 25—Access information necessary for the NRC to Authorization for Licensee Personnel. properly perform its functions? Does the NUCLEAR REGULATORY 2. Current OMB approval number: information have practical utility? OMB No. 3150–0046. COMMISSION 2. Is the burden estimate accurate? 3. How often the collection is Agency Information Collection 3. Is there a way to enhance the required: On occasion. Activities: Proposed Collection; quality, utility, and clarity of the 4. Who is required or asked to report: Comment Request information to be collected? NRC-regulated facilities and other 4. How can the burden of the organizations requiring access to NRC- AGENCY: U.S. Nuclear Regulatory information collection be minimized, classified information. Commission (NRC). including the use of automated

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collection techniques or other forms of comments, as appropriate. Once the proposedLR–ISG–2006–02. After the information technology? NRC staff completes the LR–ISG, it will NRC staff considers any public A copy of the draft supporting issue the LR–ISG for NRC and industry comments, it will make a determination statement may be viewed free of charge use. The NRC staff will also incorporate regarding issuance of the proposed LR– at the NRC Public Document Room, One the approved LR–ISG into the next ISG. White Flint North, 11555 Rockville revision of the license renewal guidance Dated at Rockville, Maryland this 8th day Pike, Room O–1 F21, Rockville, MD documents. of February, 2007. 20852. OMB clearance requests are DATES: Comments may be submitted by For the Nuclear Regulatory Commission. available at the NRC worldwide Web April 17, 2007. Comments received after Pao-Tsin Kuo, site: http://www.nrc.gov/public-involve/ this date will be considered, if it is Acting Director, Division of License Renewal, doc-comment/omb/index.html. The practical to do so, but the Commission Office of Nuclear Reactor Regulation. document will be available on the NRC is able to ensure consideration only for home page site for 60 days after the comments received on or before this Attachment 1—Staff Position and signature date of this notice. date. Rationale for the Proposed License Comments and questions about the Renewal Interim Staff Guidance LR– ADDRESSES: Comments may be information collection requirements ISG–2006–02: Staff Guidance on submitted to: Chief, Rulemaking, may be directed to the NRC Clearance Acceptance Review for Environmental Directives, and Editing Branch, Office of Officer, Margaret A. Janney (T–5 F52), Reports Associated With License Administration, U.S. Nuclear Regulatory Renewal Applications U.S. Nuclear Regulatory Commission, Commission, Washington, DC 20555– Washington, DC 20555–0001, by 0001. Comments should be delivered to: Staff Position telephone at 301–415–7245, or by 11545 Rockville Pike, Rockville, The NRC staff intends to use a Internet electronic mail to Maryland, Room T–6D59, between 7:30 [email protected]. checklist of acceptance criteria when a.m. and 4:15 p.m. on Federal workdays. evaluating environmental reports For the Nuclear Regulatory Commission. Persons may also provide comments via submitted with license renewal Dated at Rockville, Maryland, this 8th day e-mail at [email protected]. The NRC applications. This guidance summarizes of February 2007. maintains an Agencywide Documents the 10 CFR Part 51 requirements for Margaret A. Janney, Access and Management System environmental reports submitted with NRC Clearance Officer, Office of Information (ADAMS), which provides text and license renewal applications, and Services. image files of NRC’s public documents. provides a checklist that documents the [FR Doc. E7–2791 Filed 2–15–07; 8:45 am] These documents may be accessed review process used by NRC staff to BILLING CODE 7590–01–P through the NRC’s Public Electronic verify the completeness of these reports. Reading Room on the Internet at http:// www.nrc.gov/reading-rm/adams.html. Rationale NUCLEAR REGULATORY Persons who do not have access to The NRC developed a checklist of the COMMISSION ADAMS or who encounter problems in requirements in 10 CFR Part 51 to accessing the documents located in document the NRC staff’s acceptance Proposed License Renewal Interim ADAMS should contact NRC Public review standards regarding the Staff Guidance LR–ISG–2006–02: Staff Document Room (PDR) reference staff at information that needs to be included in Guidance on Acceptance Review for 1–800–397–4209, 301–415–4737, or by an environmental report. The staff finds Environmental ReportsAssociated e-mail at [email protected]. that the utilization of the guidance With License Renewal Applications; FOR FURTHER INFORMATION CONTACT: Ms. provided in the checklist will facilitate Solicitation of Public Comment Jennifer A. Davis, Project Manager, consistency and efficiency in the NRC AGENCY: Nuclear Regulatory Office of Nuclear Reactor Regulation, staff’s acceptance reviews of Commission (NRC). U.S. Nuclear Regulatory Commission, environmental reports submitted with Washington,DC 20555–0001; telephone license renewal applications. ACTION: Solicitation of public comment. 301–415–3835 or by e-mail at Attachment 2—Proposed License SUMMARY: The NRC is soliciting public [email protected]. Renewal Interim Staff Guidance lR– comment on its Proposed License SUPPLEMENTARY INFORMATION: ISG–2006–02: Staff Guidance on Renewal Interim Staff Guidance LR– Attachment 1 to this Federal Register Acceptance Review for Environmental ISG–2006–02 (LR–ISG) on the notice, entitled Staff Position and Reports Associated With License acceptance review criteria for Rationale for the Proposed License Renewal Applications environmental reports (ER) provided by Renewal Interim Staff Guidance LR– applicants for reactor license renewal. ISG–2006–02: Staff Guidance on Introduction This LR–ISG summarizes the Title 10 of Acceptance Review for Environmental Each applicant for renewal of a the Code of Federal Regulations Part 51 Reports Associated with License license to operate a nuclear power plant (10 CFR Part 51) requirements for ERs Renewal Applications, contains the is required to submit with its submitted with license renewal NRC staff’s rationale for publishing the application a separate environmental applications (LRAs), and provides a proposed LR–ISG–2006–02. Attachment report (ER) in accordance with Title 10 checklist that will be used by the NRC 2 to this Federal Register notice, of the Code of Federal Regulations (10 staff to verify the completeness of these entitled Proposed License Renewal CFR 54.23). As stated in 10 CFR 54.23, reports prior to docketing. The NRC staff Interim Staff Guidance LR–ISG–2006– the ER must comply with the issues LR–ISGs to facilitate timely 02: Staff Guidance on Acceptance requirements of Subpart A of 10 CFR implementation of the license renewal Review for Environmental Reports Part 51. The requirements governing the rule and to review activities associated Associated with License Renewal contents of an ER submitted at the with an LRA. Upon receiving public Applications, identifies the guidance for operating license renewal stage are comments, the NRC staff will evaluate reviewing ERs received with LRAs. specified in 10 CFR 51.45 and 10 CFR the comments and make a The NRC staff is issuing this notice to 51.53(c). This LR–ISG is being proposed determination to incorporate the solicit public comments on the to document the staff’s practice in

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performing an acceptance review of ERs final determination regarding the Board (RRB) is forwarding an submitted as part of a license renewal approval or denial of a license renewal Information Collection Request (ICR) to application. application. This proposed LR–ISG is the Office of Information and Regulatory not intended to substitute or re-interpret Affairs (OIRA), Office of Management Background and Discussion requirements outlined in 10 CFR 51.45 and Budget (OMB) to request a revision The NRC staff routinely reviews ERs and 10 CFR 51.53(c). The checklist is to the following collection of against the requirements of 10 CFR also expected to serve as a knowledge information: 3220–0025, RUIA 51.45 and 10 CFR 51.53(c) as part of the management tool for NRC staff members Investigations and Continuing acceptance review of reactor license by specifying review criteria in a Entitlement, consisting of RRB Form(s) renewal applications. Staff review simplified, user-friendly format. UI–9, Applicant’s Statement of guidance governing reactor license [FR Doc. E7–2785 Filed 2–15–07; 8:45 am] Employment and Wages, UI–23, renewal environmental reviews and the BILLING CODE 7590–01–P Claimant’s Statement of Service, UI–44, preparation of environmental impact Claim for Credit for Military Service, statements is provided in NUREG–1555, ID–4F, Advising of Ineligibility for Standard Review Plans for POSTAL SERVICE RUIA Benefits, ID–4U, Advising of Environmental Reviews for Nuclear Service/Earnings Requirements for Power Plants, Supplement 1: Operating New Standards for Domestic Mailing RUIA Benefits, ID–4Y, Advising of License Renewal. Services Ineligibility for Sickness Benefits, ID– In conducting its acceptance review, 4X, Advising of Service/Earnings the staff also relies on the guidance AGENCY: Postal Service. Requirements for Sickness Benefits, ID– provided to applicants in Regulatory ACTION: Notice of availability. 20–1, Advising that Normal Guide 4.2, Supplement 1, Preparation of Unemployment Benefits Are About to Supplemental Environmental Reports SUMMARY: On January 17, 2007, the Be Exhausted, ID–20–2, Advising that for Applications to Renew Nuclear Postal Service published an updated Normal Sickness Benefits Are About to Power Plant Operating Licenses. The proposal in the Federal Register (72 FR Be Exhausted, ID–20–4, Advising That regulatory guide provides methods 2089) providing new mailing standards Normal Sickness Benefits Are About to acceptable to the staff for implementing to accompany the R2006–1 price change Be Exhausted/Non-Entitlement, ID–5I, the provisions of 10 CFR 51.45 and 10 proposal currently before the Postal Letter to Non-Railroad Employers on CFR 51.53(c). While conformance with Regulatory Commission. We posted a Employment and Earnings of a the suggested format of the regulatory new document on our Web site at Claimant, ID–5R (SUP), Report of guide is not required, use of the guide http://www.usps.com/ratecase to Employees Paid RUIA Benefits for Every is expected to ensure the completeness respond to the comments we received Day in Month Reported as Month of of the information provided, assist the on our January proposal and to further Creditable Service, ID–49R, Letter to NRC staff and others in locating revise the proposed mailing standards. Railroad Employers for Payroll information, and result in more efficient In addition to the new document, you Information, and UI–48, Claimant’s and timely NRC staff review. can find our earlier proposals at Statement Regarding Benefit Claim for http://www.usps.com/ratecase, along Proposed Action Days of Employment. Our ICR describes with side-by-side comparisons of the information we seek to collect from The acceptance review checklist for today’s prices and those that are the public. Review and approval by ERs submitted with license renewal currently under review by the Postal OIRA ensures that we impose applications, available via ADAMS at Regulatory Commission. Our Web site appropriate paperwork burdens. Accession No. ML063190452, will be also provides helpful information for The RRB invites comments on the incorporated into the next revision of mailers, including frequently asked proposed collection of information to NUREG–1555, Supplement 1. The questions, press releases, and Mailers determine (1) The practical utility of the acceptance checklist is intended to be a Companion and MailPro articles related collection; (2) the accuracy of the tool to ensure efficiency and to the pricing change. We encourage you estimated burden of the collection; (3) consistency in the staff’s acceptance to review our proposed mailing ways to enhance the quality, utility and reviews and ensure that all necessary standards and use our electronic tools as clarity of the information that is the components of license renewal stage you prepare for the pricing change. subject of collection; and (4) ways to ERs are submitted in accordance with DATES: The document is available minimize the burden of collections on governing regulations. As noted in the beginning February 14, 2007. respondents, including the use of checklist instructions, the absence of FOR FURTHER INFORMATION CONTACT: Joel automated collection techniques or any of the information recommended in Walker, 202–268–7261. other forms of information technology. Regulatory Guide 4.2, Supplement 1, Comments to RRB or OIRA must contain Neva R. Watson, would not require that supplemental the OMB control number of the ICR. For information be provided prior to Attorney, Legislative. proper consideration of your comments, acceptance of an application; however, [FR Doc. E7–2825 Filed 2–15–07; 8:45 am] it is best if RRB and OIRA receive them applicants should expect that the BILLING CODE 7710–12–P within 30 days of publication date. absence of such information may result in more intensive environmental audit Previous Requests for Comments activities and/or issuance of early RAILROAD RETIREMENT BOARD The RRB has already published the requests for additional information to initial 60-day notice (71 FR 66991 on support the staff’s review. The Agency Forms Submitted for OMB November 17, 2006) required by 44 docketing and subsequent finding of a Review, Request for Comments U.S.C. 3506(c)(2). That request elicited timely and sufficient application no comments. (including the ER) does not preclude Summary NRC reviewers from requesting In accordance with the Paperwork Information Collection Request (ICR) additional information as a review Reduction Act of 1995 (44 U.S.C. Title: RUIA Investigations and proceeds, nor does it predict the NRC’s Chapter 35), the Railroad Retirement Continuing Entitlement.

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OMB Control Number: 3220–0025. SECURITIES AND EXCHANGE with two different FCMs in connection 2 Form(s) submitted: UI–9, UI–23, UI– COMMISSION with its commodity transactions. The Commission estimates that each 44, ID–4F, ID–4U, ID–4X, ID–4Y, ID–20– Submission for OMB Review; of the 2,275 funds spends an average of 1, ID–20–2, ID–20–4, ID–5I, ID– Comment Request 1 hour annually complying with the 5R(SUP), ID–49R, UI–48. contract requirements of the rule (i.e., Type of request: Revision of a Upon Written Request, Copies Available executing contracts that contain the From: Securities and Exchange currently approved collection. Commission, Office of Filings and requisite provisions with additional Affected public: Individuals or Information Services, Washington, DC FCMs), for a total of 2,275 burden hours. households, Business or other for-profit, 20549. The estimate does not include the time Non-profit institutions, State, Local or Extension: required by an FCM to comply with the Tribal Government. Rule 17f–6; SEC File No. 270–392; OMB rule’s contract requirements because, to Control No. 3235–0447. the extent that complying with the Abstract: The information collection contract provisions could be considered Notice is hereby given that, under the has two purposes. When RRB records ‘‘collections of information,’’ the burden Paperwork Reduction Act of 1995 (44 that railroad service and/or hours for compliance are already U.S.C. 3501–3520), the Securities and compensation is insufficient to qualify a included in other PRA submissions or Exchange Commission (the claimant for unemployment or sickness are de minimis.3 The estimate of average ‘‘Commission’’) has submitted to the benefits, the RRB obtains information burden hours is made solely for the Office of Management and Budget needed to reconcile the compensation purposes of the Paperwork Reduction (‘‘OMB’’) a request for extension of the Act, and is not derived from a and/or service on record with that previously approved collection of claimed by the employee. Other forms comprehensive or even a representative information discussed below. survey or study of the costs of in the collection allow the RRB to Rule 17f–6 (17 CFR 270.17f–6) under determine whether unemployment or Commission rules and forms. the Investment Company Act of 1940(15 Compliance with the collection of sickness benefits were properly U.S.C. 80a) permits registered obtained. information requirements of the rule is investment companies (‘‘funds’’) to necessary to obtain the benefit of relying Changes Proposed: The RRB proposes maintain assets (i.e., margin) with on the rule. If an FCM furnishes records a change to Forms ID–4F, ID–4U, ID–4X, futures commission merchants pertaining to a fund’s assets at the ID–4Y, ID–20–1, ID–20–2, ID–20–4 to (‘‘FCMs’’) in connection with request of the Commission or its staff, request information regarding an commodity transactions effected on the records will be kept confidential to employee’s military service entry and both domestic and foreign exchanges. the extent permitted by relevant discharge dates. The information will be Before the rule was adopted, funds statutory or regulatory provisions. The requested because the inclusion of the generally were required to maintain rule does not require these records be such assets in special accounts with a employee’s military service, may give 1 retained for any specific period of time. custodian bank. An agency may not conduct or sponsor, the employee enough creditable service The rule requires a written contract and a person is not required to respond months for additional benefits. No other that contains certain provisions to, a collection of information unless it changes are proposed. designed to ensure important safeguards displays a currently valid control The burden estimate for this ICR is and other benefits relating to the number. unchanged as follows: custody of fund assets by FCMs. To Please direct general comments Estimated annual number of protect fund assets, the contract must regarding the above information to the respondents: 7,905. require that FCMs comply with the following persons: (i) Desk Officer for segregation or secured amount Total annual responses: 7,905. the Securities and Exchange requirements of the Commodity Commission, Office of Management and Total annual reporting hours: 1,622. Exchange Act (‘‘CEA’’) and the rules Budget, Room 10102, New Executive For Further Information: Copies of the under that statute. The contract also Office Building, Washington, DC 20503 form and supporting documents can be must contain a requirement that FCMs or e-mail to: obtained from Charles Mierzwa, the obtain an acknowledgment from any [email protected]; and (ii) R. agency clearance officer at (312–751– clearing organization that the fund’s Corey Booth, Director/Chief Information assets are held on behalf of the FCM’s 3363) or [email protected]. Officer, Securities and Exchange customers according to CEA provisions. Comments regarding the information Commission, C/O Shirley Martinson, Finally, FCMs are required to furnish to 6432 General Green Way, Alexandria, collection should be addressed to the Commission or its staff on request Ronald J. Hodapp, Railroad Retirement information concerning the fund’s assets 2 This estimate is based on information Board, 844 North Rush Street, Chicago, in order to facilitate Commission conversations with representatives of the fund Illinois 60611–2092 or inspections. industry. [email protected] and to the The Commission estimates that 3 The rule requires a contract with the FCM to OMB Desk Officer for the RRB, at the approximately 2,275 funds effect contain three provisions. Two of the provisions require the FCM to comply with existing Office of Management and Budget, commodities transactions and could requirements under the CEA and rules adopted Room 10230, New Executive Office deposit margin with FCMs under Rule under that Act. Thus, to the extent these provisions Building, Washington, DC 20503. 17f–6 in connection with those could be considered collections of information, the transactions. Commission staff estimates hours required for compliance would be included Charles Mierzwa, in the collection of information burden hours that each fund uses and deposits margin submitted by the Commodity Futures Trading Clearance Officer. Commission for its rules. The third contract [FR Doc. E7–2774 Filed 2–15–07; 8:45 am] 1 Custody of Investment Company Assets With provision requires that the FCM produce records or Futures Commission Merchants and Commodity other information requested by the Commission or BILLING CODE 7905–01–P Clearing Organizations, Investment Company Act its staff. Commission staff has requested this type Release No. 22389 (Dec. 11, 1996) (61 FR 66207 of information from an FCM so infrequently in the (Dec. 17, 1996)). past that the annual burden hours are de minimis.

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VA 22312; or send an e-mail to: II. Self-Regulatory Organization’s B. Self-Regulatory Organization’s [email protected]. Comments must Statement of the Purpose of, and Statement on Burden on Competition be submitted to OMB within 30 days of Statutory Basis for, the Proposed Rule The Exchange does not believe that this notice. Change the proposed rule change will impose Dated: February 6, 2007. In its filing with the Commission, the any burden on competition that is not Florence E. Harmon, Exchange included statements necessary or appropriate in furtherance Deputy Secretary. concerning the purpose of and basis for of the purposes of the Act. the proposed rule change, and discussed C. Self-Regulatory Organization’s [FR Doc. E7–2722 Filed 2–15–07; 8:45 am] any comments it received on the BILLING CODE 8010–01–P Statement on Comments on the proposed rule change. The text of these Proposed Rule Change Received From statements may be examined at the Members, Participants, or Others places specified in Item IV below. CBOE SECURITIES AND EXCHANGE has substantially prepared summaries, No written comments were solicited COMMISSION set forth in Sections A, B, and C below, or received with respect to the proposed of the most significant aspects of such rule change. [Release No. 34–55265; File No. SR–CBOE– statements. III. Date of Effectiveness of the 2007–11] A. Self-Regulatory Organization’s Proposed Rule Change and Timing for Self-Regulatory Organizations; Statement of the Purpose of, and Commission Action Chicago Board Options Exchange, Statutory Basis for, the Proposed Rule The foregoing proposed rule change Incorporated; Notice of Filing and Change has been designated as a fee change Immediate Effectiveness of a Proposed 1. Purpose pursuant to Section 19(b)(3)(A)(ii) of the Rule Change as Modified by Act8 and Rule 19b–4(f)(2)9 thereunder, Amendment No. 1 Thereto Relating to CBOE proposes to amend its because it establishes or changes a due, Its Marketing Fee Program Marketing Fee Program as it relates to fee, or other charge imposed by the option classes participating in the Exchange. Accordingly, the proposal February 9, 2007. Penny Pilot Program, which will take effect upon filing with the Pursuant to Section 19(b)(1) of the commenced on January 26, 2007. Commission. At any time within 60 Securities Exchange Act of 1934 Currently, 13 option classes are days of the filing of such proposed rule (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 scheduled to participate in the Penny change the Commission may summarily notice is hereby given that on January Pilot Program: Whole Foods (WFMI), abrogate such rule change if it appears 31, 2007, the Chicago Board Options General Electric (GE), Microsoft (MSFT), to the Commission that such action is Exchange, Incorporated (‘‘CBOE’’ or Ishares Russell 2000 (IWM), Nasdaq-100 necessary or appropriate in the public ‘‘Exchange’’) filed with the Securities Index Tracking StockSM (QQQQ), interest, for the protection of investors, and Exchange Commission SemiConductor Holders (SMH), or otherwise in furtherance of the (‘‘Commission’’) the proposed rule Advanced Micro Devices (AMD), Intel purposes of the Act.10 (INTC), Caterpiller (CAT), Texas change as described in Items I, II, and IV. Solicitation of Comments III below, which Items have been Instruments (TXN), Flextronics substantially prepared by the Exchange. International (FLEX), Sun Micro Interested persons are invited to On February 6, 2007, the CBOE (SUNW), and Agilent Tech, Inc. (A). submit written data, views, and submitted Amendment No. 1 to the With respect to the option classes arguments concerning the foregoing, proposed rule change. CBOE has participating in the Penny Pilot Program including whether the proposed rule designated this proposal as one in which the marketing fee currently is change is consistent with the Act. establishing or changing a due, fee, or assessed,5 the marketing fee will be Comments may be submitted by any of other charge imposed by CBOE under assessed at the rate of $.25 per contract, the following methods: Section 19(b)(3)(A)(ii) of the Act 3 and instead of $.65 per contract. CBOE Electronic comments Rule 19b–4(f)(2) thereunder,4 which proposes to implement this change to • Use the Commission’s Internet renders the proposal effective upon the marketing fee beginning on February comment form (http://www.sec.gov/ filing with the Commission. The 1, 2007. rules/sro.shtml); or Commission is publishing this notice to CBOE is not amending its marketing • Send an e-mail to rule- solicit comments on the proposed rule fee program in any other respects. [email protected]. Please include File change, as amended, from interested 2. Statutory Basis Number SR–CBOE–2007–11 on the persons. The Exchange believes that the subject line. I. Self-Regulatory Organization’s proposed rule change is consistent with Paper Comments: Statement of the Terms of Substance of Section 6(b) of the Act6 in general, and • Send paper comments in triplicate the Proposed Rule Change Section 6(b)(4) of the Act7 in particular, to Nancy M. Morris, Secretary, in that it is designed to provide for the The CBOE proposes to amend its Securities and Exchange Commission, equitable allocation of reasonable dues, Marketing Fee Program. The text of the 100 F Street NE., Washington, DC fees, and other charges among CBOE proposed rule change is available at the 20549–1090. members and other persons using its Exchange, the Commission’s Public facilities. Reference Room, and http:// 8 15 U.S.C. 78s(b)(3)(A)(ii). www.cboe.com. 9 17 CFR 240.19b–4(f)(2). 5 The QQQQs and IWM have been selected to 10 For purposes of calculating the 60-day period participate in the Penny Pilot Program. However, within which the Commission may summarily 1 15 U.S.C. 78s(b)(1). the marketing fee currently does not apply to these abrogate the proposed rule change, the Commission 2 17 CFR 240.19b–4. classes. considers the period to commence on February 6, 3 15 U.S.C. 78s(b)(3)(A)(iii). 6 15 U.S.C. 78f(b). 2007, the date on which the Exchange filed 4 17 CFR 240.19b–4(f)(2). 7 15 U.S.C. 78f(b)(4). Amendment No. 1.

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All submissions should refer to File SECURITIES AND EXCHANGE certain options traded on the Exchange Number SR–CBOE–2007–11. This file COMMISSION (‘‘Pilot Program’’). The text of the number should be included on the proposed rule change is available at subject line if e-mail is used. To help the [Release No. 34–55266; File No. SR–CBOE– CBOE, the Commission’s Public 2007–12] Commission process and review your Reference Room, and http:// comments more efficiently, please use Self-Regulatory Organizations; www.cboe.com. only one method. The Commission will Chicago Board Options Exchange, post all comments on the Commission’s II. Self-Regulatory Organization’s Incorporated; Notice of Filing and Internet Web site (http://www.sec.gov/ Statement of the Purpose of, and Immediate Effectiveness of Proposed rules/sro.shtml). Copies of the Statutory Basis for, the Proposed Rule submission, all subsequent Rule Change Relating to the Extension Change amendments, all written statements of a Pilot Program that Increases the with respect to the proposed rule Standard Position and Exercise Limits In its filing with the Commission, change that are filed with the for Certain Options Traded on the CBOE included statements concerning Commission, and all written Exchange the purpose of and basis for the communications relating to the February 9, 2007. proposed rule change and discussed any proposed rule change between the Pursuant to Section 19(b)(1) of the comments it received on the proposed Commission and any person, other than Securities Exchange Act of 1934 rule change. The text of these statements those that may be withheld from the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 may be examined at the places specified public in accordance with the notice is hereby given that on February in Item IV below. The Exchange has provisions of 5 U.S.C. 552, will be 6, 2007, the Chicago Board Options prepared summaries, set forth in available for inspection and copying in Exchange, Incorporated (‘‘CBOE’’ or Sections A, B, and C below, of the most the Commission’s Public Reference ‘‘Exchange’’) filed with the Securities significant aspects of such statements. Room. Copies of such filing also will be and Exchange Commission available for inspection and copying at A. Self-Regulatory Organization’s (‘‘Commission’’) the proposed rule Statement of the Purpose of, and the principal office of CBOE. All change as described in Items I and II comments received will be posted Statutory Basis for, the Proposed Rule below, which Items have been prepared without change; the Commission does Change by CBOE. The Exchange has filed the not edit personal identifying proposal as a ‘‘non-controversial’’ rule information from submissions. You 1. Purpose change pursuant to Section 19(b)(3)(A) should submit only information that of the Act 3 and Rule 19b–4(f)(6) The Pilot Program, as previously you wish to make available publicly. All thereunder,4 which renders it effective approved by the Commission, provides submissions should refer to File upon filing with the Commission. The for an increase to the standard position Number SR–CBOE–2007–11 and should Commission is publishing this notice to and exercise limits for equity option be submitted on or before March 9, solicit comments on the proposed rule contracts and for options on QQQQs for 2007. change from interested persons. a six-month period.5 Specifically, the For the Commission, by the Division of I. Self-Regulatory Organization’s Pilot Program increased the applicable Market Regulation, pursuant to delegated position and exercise limits for equity authority.11 Statement of the Terms of Substance of options and options on the QQQQ in Florence E. Harmon, the Proposed Rule Change accordance with the following levels: Deputy Secretary. CBOE proposes to extend an existing [FR Doc. 07–722 Filed 2–15–07; 8:45 am] pilot program that increases the BILLING CODE 8010–01–M standard position and exercise limits for

Current equity option contract limit 6 Pilot program equity option contract limit

13,500 contracts ...... 25,000 contracts. 22,500 contracts ...... 50,000 contracts. 31,500 contracts ...... 75,000 contracts. 60,000 contracts ...... 200,000 contracts. 75,000 contracts ...... 250,000 contracts.

Current QQQQ option contract limit Pilot program QQQQ option contract limit

300,000 contracts ...... 900,000 contracts.

The purpose of the proposed rule September 1, 2007. The Exchange due to the positive feedback from change is to extend the Pilot Program for believes that extending the Pilot members and for the reasons cited in the an additional six-month period, through Program for six months is warranted original rule filing that proposed the

11 17 CFR 200.30–3(a)(12). 5 The Pilot Program was approved by the Act Release Nos. 52262 (August 15, 2005), 70 FR 1 15 U.S.C. 78s(b)(1). Commission on February23, 2005. See Securities 48995 (August 22, 2005) (SR–CBOE–2005–61); 2 17 CFR 240.19b–4. Exchange Act Release No. 51244 (February 23, 53348 (February 22, 2006), 71 FR 10574 (March 1, 2005), 70 FR 10010 (March 1, 2005) (SR–CBOE– 2006) (SR–CBOE–2006–11); and 54336 (August 18, 3 15 U.S.C. 78s(b)(3)(A). 2003–30) (‘‘Pilot Program Order’’). The Pilot 2006), 71 FR 50952 (August 28, 2006) (SR–CBOE– 4 17 CFR 240.19b–4(f)(6). Program has been extended three times and is due 2006–69). to expire on March 1, 2007. See Securities Exchange 6 Except when the Pilot Program is in effect.

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adoption of the Pilot Program.7 Also, the is consistent with the protection of available for inspection and copying in Exchange has not encountered any investors and the public interest. The the Commission’s Public Reference problems or difficulties relating to the Exchange has requested that the Room. Copies of such filing will also be Pilot Program since its inception. For Commission waive the 30-day operative available for inspection and copying at these reasons, the Exchange requests delay. The Commission believes that the principal office of CBOE. All that the Commission extend the Pilot waiving the 30-day operative delay is comments received will be posted Program for the aforementioned consistent with the protection of without change; the Commission does additional period. investors and in the public interest not edit personal identifying 2. Statutory Basis because it will allow the Pilot Program information from submissions. You to continue uninterrupted.13 should submit only information that The Exchange believes that the At any time within 60 days of the you wish to make available publicly. All proposed rule change is consistent with filing of the proposed rule change, the submissions should refer to File No. the requirements provided under Commission may summarily abrogate SR–CBOE–2007–12 and should be 8 Section 6(b)(5) of the Act that the rules such rule change if it appears to the submitted on or before March 9, 2007. of an exchange be designed to promote Commission that such action is For the Commission, by the Division of just and equitable principles of trade, to necessary or appropriate in the public prevent fraudulent and manipulative Market Regulation, pursuant to delegated interest, for the protection of investors, authority.14 acts and, in general, to protect investors or otherwise in furtherance of the Act. and the public interest. Florence E. Harmon, IV. Solicitation of Comments Deputy Secretary. B. Self-Regulatory Organization’s [FR Doc. E7–2765 Filed 2–15–07; 8:45 am] Statement on Burden on Competition Interested persons are invited to submit written data, views, and BILLING CODE 8010–01–P CBOE does not believe that the arguments concerning the foregoing, proposed rule change will impose any including whether the proposed rule burden on competition that is not SECURITIES AND EXCHANGE change is consistent with the Act. necessary or appropriate in furtherance COMMISSION Comments may be submitted by any of of the purposes of the Act. the following methods: [Release No. 34–55271; File No. SR–ISE– C. Self-Regulatory Organization’s Electronic Comments 2007–08] Statement on Comments on the Proposed Rule Change Received from • Use the Commission’s Internet Self-Regulatory Organizations; Members, Participants, or Others comment form (http://www.sec.gov/ International Securities Exchange, rules/sro.shtml); or LLC; Notice of Filing and Immediate No written comments were solicited • or received with respect to the proposed Send an e-mail to rule- Effectiveness of a Proposed Rule rule change. [email protected]. Please include File Change as Modified by Amendment No. SR–CBOE–2007–12 on the subject No. 1 Thereto Relating to Payment for III. Date of Effectiveness of the line. Order Flow Fees Proposed Rule Change and Timing for Commission Action Paper Comments February 12, 2007. • Because the forgoing rule change does Send paper comments in triplicate Pursuant to Section 19(b)(1) of the to Nancy M. Morris, Secretary, Securities Exchange Act of 1934 not: (1) Significantly affect the 1 2 protection of investors or the public Securities and Exchange Commission, (‘‘Act’’) and Rule 19b–4 thereunder, interest; (2) impose any significant Station Place, 100 F Street, NE., notice is hereby given that on January burden on competition; and (3) become Washington, DC 20549–1090. 26, 2007, the International Securities operative for 30 days after the date of All submissions should refer to File No. Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) this filing, or such shorter time as the SR–CBOE–2007–12. This file number filed with the Securities and Exchange Commission may designate, it has should be included on the subject line Commission (‘‘Commission’’) the become effective pursuant to Section if e-mail is used. To help the proposed rule change as described in 19(b)(3)(A) of the Act 9 and Rule 19b– Commission process and review your Items I, II, and III below, which Items 4(f)(6) thereunder.10 comments more efficiently, please use have been substantially prepared by the A proposed rule change filed under only one method. The Commission will Exchange. On February 1, 2007, the ISE 19b–4(f)(6) normally may not become post all comments on the Commission’s submitted Amendment No. 1 to the operative prior to 30 days after the date Internet Web site (http://www.sec.gov/ proposed rule change. ISE has of filing.11 However, Rule 19b– rules/sro.shtml). Copies of the designated this proposal as one 4(f)(6)(iii) 12 permits the Commission to submission, all subsequent establishing or changing a due, fee, or designate a shorter time if such action amendments, all written statements other charge imposed by ISE under Section 19(b)(3)(A)(ii) of the Act 3 and with respect to the proposed rule 4 7 See Pilot Program Order, supra note 5. change that are filed with the Rule 19b–4(f)(2) thereunder, which 8 15 U.S.C. 78f (b)(5). renders the proposal effective upon 9 Commission, and all written 15 U.S.C. 78s(b)(3)(A). communications relating to the filing with the Commission. The 10 17 CFR 240.19b–4(f)(6). Commission is publishing this notice to 11 proposed rule change between the 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule solicit comments on the proposed rule 19b–4(f)(6)(iii)requires that a self-regulatory Commission and any person, other than organization submit to the Commission written those that may be withheld from the change, as amended, from interested notice of its intent to file the proposed rule change, public in accordance with the persons. along with a brief description and text of the provisions of 5 U.S.C. 552, will be proposed rule change, at least five business days 14 prior to the date of filing of the proposed rule 17 CFR 200.30–3(a)(12). 1 change, or such shorter time as designated by the 13 For the purposes only of waiving the operative 15 U.S.C. 78s(b)(1). Commission. CBOE has satisfied the five-day pre- delay, theCommission has considered the proposed 2 17 CFR 240.19b–4. filing requirement. rule’s impact on efficiency, competition, and capital 3 15 U.S.C. 78s(b)(1)(3)(A)(ii). 12 Id. formation. See 15 U.S.C. 78c(f). 4 17 CFR 240.19b–4(f)(2).

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I. Self-Regulatory Organization’s market makers.7 PFOF fees collected by the proposal will take effect upon filing Statement of the Terms of Substance of the Exchange that are not distributed are with the Commission. At any time the Proposed Rule Change rebated back to the market makers. The within 60 days of the filing of such Exchange now proposes to reduce the proposed rule change the Commission The ISE is proposing to amend its PFOF fees to $0.25 per contract for may summarily abrogate such rule Schedule of Fees to reduce the payment transactions in all options on Pilot change if it appears to the Commission for order flow (‘‘PFOF’’) fees for options issues. This fee reduction would also that such action is necessary or on issues that trade as part of the Penny apply to other issues that become a part appropriate in the public interest, for Pilot (‘‘Pilot’’).5 The text of the proposed of the Pilot in the event the Pilot is the protection of investors, or otherwise rule change is available at the Exchange, expanded beyond the current 13 in furtherance of the purposes of the the Commission’s Public Reference securities. The Exchange believes that Act.12 Room, and http://www.iseoptions.com. quoting and trading in one cent IV. Solicitation of Comments II. Self-Regulatory Organization’s increments pursuant to the Pilot would Statement of the Purpose of, and narrow spreads, resulting in PFOF being Interested persons are invited to Statutory Basis for, the Proposed Rule less of a competitive factor. Thus, the submit written data, views, and Change Exchange believes it is prudent for it to arguments concerning the foregoing, maintain its PFOF fee, but at a lower including whether the proposed rule In its filing with the Commission, the level in options on Pilot issues. change is consistent with the Act. Exchange included statements Comments may be submitted by any of concerning the purpose of and basis for 2. Statutory Basis the following methods: the proposed rule change, and discussed The Exchange believes that the any comments it received on the Electronic Comments proposed rule change is consistent with • proposed rule change. The text of these Section 6(b) of the Act 8 in general, and Use the Commission’s Internet statements may be examined at the Section 6(b)(4) of the Act 9 in particular, comment form (http://www.sec.gov/ rules/sro.shtml); or places specified in Item IV below. ISE because it is an equitable allocation of • has substantially prepared summaries, Send an e-mail to rule- reasonable dues, fees, and other charges [email protected]. Please include File set forth in Sections A, B, and C below, among exchange members and other of the most significant aspects of such Number SR–ISE–2007–08 on the subject persons using exchange facilities. In line. statements. particular, the Exchange believes that A. Self-Regulatory Organization’s lowering PFOF fees in options on Pilot Paper Comments Statement of the Purpose of, and issues would enhance competition. • Send paper comments in triplicate Statutory Basis for, the Proposed Rule B. Self-Regulatory Organization’s to Nancy M. Morris, Secretary, Change Statement on Burden on Competition Securities andExchange Commission, 100 F Street, NE., Washington, DC 1. Purpose The Exchange does not believe that 20549–1090. the proposed rule change will impose The Exchange is proposing to amend All submissions should refer to File any burden on competition that is not its Schedule of Fees in conjunction with Number SR–ISE–2007–08. This file necessary or appropriate in furtherance the introduction of the Pilot by reducing number should be included on the of the purposes of the Act. the PFOF fees for options on issues that subject line if e-mail is used. To help the trade as part of the Pilot. The Pilot is C. Self-Regulatory Organization’s Commission process and review your scheduled to begin on January 26, 2007. Statement on Comments on the comments more efficiently, please use The following issues will be included in Proposed Rule Change Received From only one method. The Commission will the Pilot: Agilent Technologies (A), Members, Participants, or Others post all comments on the Commission’s Advanced Micro Devices (AMD), No written comments were solicited Internet Web site (http://www.sec.gov/ Caterpillar (CAT), Flextronics or received with respect to the proposed rules/sro.shtml). Copies of the International (FLEX), General Electric rule change. submission, all subsequent (GE), Intel (INTC), iShares Russell 2000 amendments, all written statements Index fund (IWM), Microsoft (MSFT), III. Date of Effectiveness of the with respect to the proposed rule Nasdaq-100 Index Tracking Stock Proposed Rule Change and Timing for change that are filed with the (QQQQ), Semiconductor Holders Trust Commission Action Commission, and all written (SMH), Sun Microsystems (SUNW), The foregoing proposed rule change communications relating to the Texas Instruments (TXN), and Whole has been designated as a fee change proposed rule change between the Foods Markets (WFMI). pursuant to Section 19(b)(3)(A)(ii) of the Commission and any person, other than The Exchange currently operates a Act 10 and Rule 19b–4(f)(2) 11 those that may be withheld from the PFOF program as approved by the thereunder, because it establishes or public in accordance with the Commission.6 This program is funded changes a due, fee, or other charge provisions of 5 U.S.C. 552, will be through a fee, currently set at $0.65 per imposed by the Exchange. Accordingly, available for inspection and copying in contract, paid by Exchange market the Commission’s Public Reference makers for each customer contract they 7 Initially only Primary Market Makers Room. Copies of such filing also will be execute. All funds collected by the administered PFOF pools. However, the Exchange available for inspection and copying at recently amended its PFOF program to allow a Exchange are administered by specified Competitive Market Maker (‘‘CMM’’) to administer the principal office of ISE. All the PFOF funds collected by the Exchange with comments received will be posted 5 See Securities Exchange Act Release No. 54603 respect to orders in a group of options classes without change; the Commission does (October 16, 2006), 71 FR 62024 (October 20, 2006) preferenced to that CMM. See Securities Exchange Act Release No. 53127 (January 13, 2006), 71 FR (SR–ISE–2006–62) (Notice of Filing of Proposed 12 For purposes of calculating the 60-day period 3582 (January 23, 2006) (SR–ISE–2005–57). Rule Change to Implement a Pilot Program To within which the Commission may summarily 8 Quote and To Trade Options in Pennies. 15 U.S.C. 78f(b). abrogate the proposed rule change, the Commission 6 See Securities Exchange Act Release No. 43833 9 15 U.S.C. 78F(b)(4). considers the period to commence on February 1, (January 10, 2001), 66 FR 7822 (January 25, 2001) 10 15 U.S.C. 78s(b)(3)(A)(ii). 2007, the date on which the Exchange filed (SR–ISE–2000–10). 11 17 CFR 240.19b–4(f)(2). Amendment No. 1.

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not edit personal identifying pursuing mediation unless the fee is the current mediation rules that were information from submissions. You waived under Exchange Rule 617; (3) a not intended to be addressed by this should submit only information that mediator may not represent a party or rule filing. Thus, the Commission finds you wish to make available publicly. All act as an arbitrator in an arbitration the NYSE’s determination not to amend submissions should refer to File relating to the matter mediated, nor be the proposed rule change in connection Number SR–ISE–2007–08 and should be called to testify regarding the mediation with this comment at this time to be submitted on or before March 9, 2007. in any proceeding;5 and (4) the reasonable. mediation is confidential and no record For the Commission, by the Division of IV. Discussion and Findings Market Regulation, pursuant to delegated is kept of the proceeding,6 and, except authority.13 as may be required by law, the parties After careful review, the Commission Florence E. Harmon, and mediator agree not to disclose the finds that the proposed rule change is Deputy Secretary. substance of the mediation without the consistent with the Act and, in particular, with Section 6(b)(5) of the [FR Doc. E7–2793 Filed 2–15–07; 8:45 am] prior written authorization of all parties to the mediation. Act, which requires, among other BILLING CODE 8010–01–P In addition, the proposed rule change things, that the NYSE’s rules be would clarify that any party may designed to promote just and equitable SECURITIES AND EXCHANGE withdraw from mediation at any time principles of trade, and, in general, to COMMISSION prior to the execution of a settlement protect investors and the public agreement upon written notification to interest.11 The Commission believes [Release No. 34–55264; File No. SR-NYSE– all other parties, the mediator, and the that the proposed rule change will bring 2006–45] Director of Arbitration. It also would greater clarity to the mediation process clarify that parties may select a mediator by deleting outdated references to the Self-Regulatory Organizations; New on their own or request a list of expired mediation pilot program and York Stock Exchange LLC.; Order potential mediators from the Exchange, codifying certain existing mediation Approving Proposed Rule Change and that, upon request of any party, the procedures. Relating to Amendments to Exchange Director of Arbitration would send the Rule 638 Concerning Mediation V. Conclusion parties a list of five potential mediators February 9, 2007. together with the mediators’ It is therefore ordered, pursuant to biographical information described in Section 19(b)(2) of the Act 12 that the I. Introduction Rule 608.7 proposed rule change (SR–NYSE–2006– On June 22, 2006, the New York Stock Finally, the proposed rule change 45), be, and hereby is, approved. Exchange LLC (‘‘NYSE’’ or the would provide that the parties will For the Commission, by the Division of ‘‘Exchange’’) filed with the Securities advise the Exchange as to the name of Market Regulation, pursuant to delegated and Exchange Commission (‘‘SEC’’ or the agreed-upon mediator. In addition, authority.13 ‘‘Commission’’), pursuant to Section it would clarify that once the parties Florence E. Harmon, 19(b)(1) of the Securities Exchange Act agree to mediate, the Exchange would Deputy Secretary. of 1934 (‘‘Act’’) 1 and Rule 19b–4 facilitate the mediation, if requested, by [FR Doc. E7–2721 Filed 2–15–07; 8:45 am] 2 thereunder, a proposed rule change contacting the mediator selected and by BILLING CODE 8010–01–P relating to amendments to Exchange assisting in making necessary Rule 638 concerning mediation. The arrangements, as well as that parties to proposed rule change was published for mediation may use the Exchange SECURITIES AND EXCHANGE comment in the Federal Register on meeting facilities in New York, when COMMISSION December 21, 2006,3 and the available, without charge. [Release No. 34–55258; File No. SR–OCC– Commission received one comment on 2006–01] the proposal.4 This order approves the III. Summary of Comment proposed rule change. The Commission received one Self-Regulatory Organizations; The comment on the proposal.8 The II. Description Options Clearing Corporation; Order commenter objected to the provision of Approving Proposed Rule Change as The proposal would delete references the proposed rule change that would Modified by Amendment No. 1 To in NYSE Rule 638 to the mediation pilot prohibit a mediator from acting as an Revise Option Adjustment program that expired on January 31, arbitrator in an arbitration related to the Methodology 2003. The proposed amendments would matter mediated.9 The NYSE responded also codify or, in some cases, recodify that because the provision is February 8, 2007. certain existing mediation procedures, substantially the same as in the current including that: (1) The mediator’s fees rule this comment is outside the scope I. Introduction and method of payment are subject to of this rule filing.10 The Commission On January 12, 2006, The Options agreement of the parties and the finds the NYSE’s determination that Clearing Corporation (‘‘OCC’’) filed with mediator, and all such fees and costs these comments are beyond the scope of the Securities and Exchange incurred in mediation are the parties’ the rule filing to be reasonable because Commission (‘‘Commission’’) proposed responsibility; (2) an adjournment fee they suggest substantive changes from rule change SR–OCC–2006–01 pursuant will be assessed if an arbitration hearing to Section 19(b)(1) of the Securities is adjourned for purposes of the parties 5 See current NYSE Rule 638(a)(4). Exchange Act of 1934 (‘‘Act’’).1 On 6 Id. March 9, 2006, the Commission 13 17 CFR 200.30–3(a)(12). 7 See current NYSE Rule 638(a)(2). published notice of the proposed rule 1 15 U.S.C. 78s(b)(1). 8 Hochman. 2 17 CFR 240.19b–4. 9 Id. 11 3 See Exchange Act Release No. 54917 (Dec. 11, 10 See letter from Mary Yeager, Assistant 15 U.S.C. 78f(b)(5). 2006), 71 FR 76714 (Dec. 21, 2006). Secretary, NYSE, to Katherine A. England, Assistant 12 15 U.S.C. 78s(b)(2). 4 See letter from Stephen A. Hochman to Nancy Director, Division of Market Regulation, dated 13 17 CFR 200.30–3(a)(12). Morris, dated January 16, 2007 (‘‘Hochman’’). February 7, 2007. 1 15 U.S.C. 78s(b)(1).

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change to solicit comments from A. Changes Relating to Adjustments for The windfall profits and interested parties.2 The Commission Certain Stock Dividends, correspondent losses resulting from the received ten comment letters upon StockDistributions, and Stock Splits rounding process have historically been publication of the notice.3 To address Prior to this rule change, OCC’s By- accepted as immaterial. However, due to the concerns raised by the commenters, Laws specified two alternative methods recent substantial increases in trading OCC amended the proposed rule change of adjusting for stock dividends, stock volume and position size, they have on September 25, 2006. On November distributions, and stock splits. In cases become a source of concern to 21, 2006, the Commission published where one or more whole shares are exchanges and market participants. In notice of the amended proposed rule issued with respect to each outstanding addition, OCC has been informed that some traders may be exploiting change to solicit comments from share, the number of outstanding option announcements of splits and similar interested parties.4 The Commission contracts is correspondingly increased and strike prices are proportionally events by quickly establishing positions received four additional comment designed to capture rounding windfalls letters.5 For the reasons discussed reduced.7 In all other cases, the number of shares to be delivered under the at the expense of other market below, the Commission is approving the participants. proposed rule change.6 option contract is increased and the strike price is reduced proportionately.8 The inequity that results from II. Description Although these two methods have rounding strike prices can be eliminated been used for many years, in certain by using a different adjustment method OCC is amending Article VI circumstances either method can whereby the deliverable is adjusted but (Clearance of Exchange Transactions), produce a windfall profit for one side the strike prices or the values used to Section 11A of its By-Laws to (1) and a corresponding loss for the other calculate aggregate exercise prices and Eliminate the need to round strike side due to rounding of adjusted strike premiums are not. As an illustration of prices and/or units of trading in the prices. These profits and losses, while the new adjustment methodology, in the event of certain stock dividends, stock small on a per contract basis, can be XYZ $50 option 3-for-2 split example distributions, and stock splits and (2) significant for large positions. Because described above, the resulting provide for the adjustment of equity option strike prices are currently adjustment would be a deliverable of outstanding options for special stated in eighths, OCC’s By-Laws 150 shares of XYZ stock while the strike dividends (i.e., cash distributions not require adjusted strike prices to be price would remain at $50. In this case, the presplit multiplier of 100, used to declared pursuant to a policy or practice rounded to the nearest eighth. For extend aggregate strike price and of paying such distributions on a example, if an XYZ $50 option for 100 shares were to be adjusted for a 3-for- premium amounts, is unchanged. For quarterly or other regular basis). The example, a premium of 1.50 would proposed rule change also adds a $12.50 2 split, the deliverable would be × increased to 150 shares, and the strike equal $150 ($1.5 100) both before and per contract threshold amount for cash after the adjustment. An exercising call dividends and distributions to trigger price would be adjusted to $33.33 and 3 holder would continue to pay $5,000 application of OCC’s adjustment rules. then be rounded up to $33 ⁄8. Prior to the adjustment, a call holder would ($50 times 100) but would receive 150 9 have had to pay $5,000 to exercise ($50 shares of XYZ stock instead of 100. 2 Securities Exchange Act Release No. 53400 × 100 shares). After the adjustment, the This is the method currently used for (March 2, 2006), 71 FR 12226. property distributions such as spin-offs 3 Joseph Haggenmiller (March 8, 2006); Erik A. caller would have to pay $5,006.25 for Hartog, Operating Manager, Allagash Trading LLC the equivalent stock position ($33.375 × and special dividends large enough to (March 21, 2006); Jeffrey Woodring (March 22, 150 shares). Conversely, an exercising require adjustments under OCC’s By- 10 2006); Adam Besch-Turner (March 23, 2006); put holder would receive $5,006.25 Laws. Christopher Nagy, Chairman, Options Committee, instead of $5,000. The $6.25 difference The inequity that results from the Securities Industry Association (March 24, 2006); need to eliminate fractional shares from Mike Ianni (April 5, 2006); Mike Ianni (April 5, represents a loss for call holders and put 2006); Peter van Dooijeweert, President, Alopex writers and a windfall for put holders the deliverable and to compensate by Capital Management, LLC (April 26, 2006); Bob and call writers. further reducing the strike price to the Linville and Deborah Mittelman, Service Bureau A loss/windfall can also occur when nearest eighth can be eliminated by Committee Co-Chairs, Financial Information Forum adjusting the deliverable to include cash (May 2, 2006); and William H. Navin, Executive the split results in a fractional Vice President, General Counsel, and Secretary, The deliverable (e.g., a 4-for-3 split produces in lieu of the fractional share. As an Options Clearing Corporation (September 29, 2006). a deliverable of 133.3333 shares). In illustration, consider a 4-for-3 split of 4 Securities Exchange Act Release No. 54748 those cases, OCC’s By-Laws required the stock underlying an XYZ $80 option (November 14, 2006), 71 FR 67415. with a 100 share deliverable. Employing 5 James Knight, Vice President, Manager, Options that the deliverable be rounded down to eliminate the fraction, and if the new adjustment method, the Trading Strategies, Raymond James Associates, deliverable would be adjusted to Gary Franklin, Manager of Option Trading, appropriate, the strike price be further Managing Director, Senior Options Principal, adjusted to the nearest eighth to 133.3333 shares, which would be Morgan Keegan Co., and Dennis Moorman, rounded down to 133 shares, and the Manager-Options Department, J.J.B. Hilliard, W.L. compensate for the diminution in the value of the contract resulting from the strike price would remain $80. Lyons, Inc. (December 12, 2006); William H. Navin, However, instead of compensating for Executive Vice President, General Counsel, and elimination of the fractional share. the elimination of the .3333 share by Secretary, The Options Clearing Corporation However, even if these steps are taken, (December 21, 2006); Erik A. Hartog, Operating small rounding inequities often remain. Manager, Allagash Trading LLC (January 8, 2007); 9 The same adjustment methodology will apply to and William H. Navin, Executive Vice President, reverse stock splits or combination of shares. For General Counsel, and Secretary, The Options 7 For example, in the event of a 2-for-1 split, an example, in a 3-for-4 reverse stock split on a XYZ Clearing Corporation (January 9, 2007). XYZ $60 option calling for the delivery of 100 $50 option calling for the delivery of 100 shares, the 6 OCC filed a companion proposed rule change shares of XYZ stock would be subdivided into two resulting adjustment would be a deliverable of 75 seeking to revise its stock futures adjustment XYZ $30 options, each calling for the delivery of shares of XYZ stock while the strike price would methodology in a manner consistent with the 100 shares of XYZ stock. remain at $50. revised option adjustment methodology. Securities 8 For example, in a 3-for-2 split, an XYZ $60 10 The adjustment methodology used for spin- Exchange Act Release No. 54898 (December 8, option calling for the delivery of 100 shares would offs, mergers, and special cash dividends is to 2006), 71 FR 75287 (December 14, 2006) (File No. be adjusted to call for the delivery of 150 shares and adjust the unit of trading while leaving the strike SR–OCC–2006–08). the strike price would be reduced to $40. price unchanged.

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reducing the strike prices, the strike ‘‘ordinary’’ if the amount does not This economic disadvantage is further prices would remain unchanged, and exceed 10% of the value of the magnified if the option position is large, the cash value of the eliminated underlying stock on the declaration date as is often the case today. Conversely, fractional share (.3333 x the post-split (‘‘10% Rule’’). The OCC Securities put holders often receive a windfall value of a share of XYZ stock as Committee is authorized to decide on a benefit from the increase in the in-the- determined by OCC) would be the case-by-case basis whether to adjust for money value on the ex date. To the deliverable along with the 133 shares. dividends exceeding that amount. As a extent that equity options can be priced The adjusted option would also result, OCC historically has not adjusted accurately and consistently without continue to use 100 as the multiplier to for special cash dividends unless the dislocations due to unforeseen special calculate aggregate strike and premium amount of the dividend was greater than dividends, these economic amounts. 10% of the stock price at the close of disadvantages can be avoided. The revised adjustment methodology trading on the declaration day. Moreover, because special dividends are will not be applied to 2-for-1 or 4-for- The 10% Rule predated a number of one-off events, adjusting for them 1 stock distributions or splits (since significant developments, including the should not cause the proliferation of such distributions or splits normally introduction of Long-term Equity outstanding options series and symbols result in strike prices that do not require AnticiPation Security (‘‘LEAPS’’) that would result from adjusting for rounding to the nearest eighth) unless options, the sizeable open interest seen regular dividends as explained below. the split requires rounding of the strike today, the large contract volume price, which may occur where the strike associated with trading and spreading 2. De Minimis Threshold price was previously adjusted due to an strategies, and the modern option earlier stock distribution or split. In pricing models that take dividends into Adjusting for dividends can cause a addition, the revised adjustment account. When open interests and proliferation of outstanding option 14 methodology will not generally be used individual positions were smaller, not symbols and series. In the interest of for stock dividends, stock distributions, adjusting for dividends of less than 10% providing some limit on option symbol or stock splits with respect to any series did not have the pronounced impact it proliferation, the revised adjustment of options having exercise prices stated does today. Additionally, changes to the policy will include a de minimis in decimals.11 For those options, the tax code which now tax dividends more threshold of $12.50 per contract. Special existing adjustment rules will continue favorably have provided an incentive for dividends smaller than this amount will to apply. The reason for this is that once companies to pay more dividends, not trigger an adjustment. the market has converted to decimal including special dividends. In light of OCC believes that a threshold that is strikes, the rounding errors created by these considerations, OCC believes it is a set dollar amount is preferable to one rounding to the nearest cent would be appropriate to now revise the 10% Rule. that is a percentage of the stock price immaterial even given the larger Under OCC’s revision, a cash (like OCC’s 10% Rule) because there are positions taken in today’s markets and dividend or distribution would be operational problems with applying a the other factors discussed above. considered ordinary (regardless of size) percentage threshold. Under the 10% Because conversion to decimal strikes if the OCC Securities Committee Rule, in order to determine whether the might be phased in rather than applied determines that such dividend or threshold is met, the per share dividend to all series of equity options distribution was declared pursuant to a amount is added to the closing price of simultaneously, the rule has been policy or practice of paying such the underlying security on the dividend drafted to cover both methods of dividends or distributions on a quarterly declaration date. The date the dividend expressing exercise prices. or other regular basis. In addition, as a is announced (by press release or by The changes in adjustment general rule, a cash dividend or methodology will not be implemented some other means) is not normally the distribution that is less than $12.50 per ‘‘declaration date’’ when the dividend is until the exchanges have conducted contract would not trigger the appropriate educational efforts and officially declared by an issuer’s board adjustment provisions of Article VI, of directors. Until the actual declaration definitive copies of an appropriate Section 11A. supplement to the options disclosure date, investors and traders may not document, Characteristics and Risks of 1. No Adjustment for Regularly- know whether or not an announced Standardized Options, are available for Scheduled Dividends Needed dividend will trigger an adjustment distribution.12 Dividends declared by an issuer based on the company’s share price. In pursuant to a policy or practice of such the interim, it is difficult for traders and B. Changes to the Definition of investors to price their options because ‘‘Ordinary Dividends and Distributions’’ issuer are known and can thus be priced into option premiums. By definition, they do not know if an adjustment will Currently, Article VI, Section 11A(c) however, special dividends cannot be be made. of OCC’s By-Laws provides that as a anticipated in advance and therefore The advantage of a fixed dollar general rule, outstanding options will cannot be integrated into option pricing threshold is the avoidance of not be adjusted to compensate for models.13 If adjustments are not made in uncertainty. The per contract value of ordinary cash dividends. Interpretation response to special dividends, call the dividend can be immediately and Policy .01 under Section 11A of holders can capture the dividends only determined without the need to wait Article VI provides that a cash dividend by exercising their options. Often in until the declaration date and without will generally be deemed to be these cases, especially with LEAPS the need to do a calculation based on options or FLEX options which can last the closing price of the underlying 11 Although there are currently no decimal strikes for equity options, OCC wants to avoid the need for for 5 to 10 years, early exercise would shares. further amendments to its By-Laws and the options sacrifice substantial option time value. disclosure document in the event that such strikes 14 Symbols proliferate when adjustments are are introduced in the future. 13 OCC has been told that some traders form made because often the dividend amount must be 12 OCC will notify the Commission and issue an judgments as to the likelihood that certain issuers added to the deliverable yielding a non-standard Important Notice when the new adjustment may declare special cash dividends and factor those option. The exchanges then introduce standard methodology is implemented. judgments into their pricing models. options with the same strikes.

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3. Consistency Across Relevant assumption that OCC would adjust for material indicating how these situations Interpretations special dividends based on the 10% will be handled. Pursuant to the Interpretations and Policies .01 and Rule. OCC responded that it did not amendment, the elimination of the 10% .08 under Article VI, Section 11A apply believe special dividends could be Rule will only be effective for dividends to cash distributions. Interpretation and anticipated in advance and therefore announced on and after February 1, Policy .01 (as amended by this rule could not be integrated into pricing 2009, which should allow ample lead change) will apply in general to all cash models. However, OCC discussed the time for OCC’s educational effort to get distributions. Interpretation and Policy matter with market participants and under way. OCC also responded that a balance .08 currently carves out exceptions for now understands that some traders do needs to be struck between uncertainty fund share cash distributions and does estimate the probability of special and fairness in that under the 10% Rule, not include a threshold minimum. In dividends by selected issuers and do factor those estimates into their pricing market participants incur large losses in the interest of clarity and consistency models. In response, OCC amended the the case of a 9.9% special dividend but with Interpretation and Policy .01, proposed rule change so that the 10% are made whole if the special dividend Interpretation .08 is being revised to Rule would be eliminated and replaced exceeds 10% of the closing stock price provide for the same $12.50 per contract with the dollar threshold test beginning on the declaration date. threshold for fund share cash with dividends announced on and after The commenters’ third major concern distributions. Clause (ii) of February 1, 2009. The few outstanding in opposing elimination of the 10% Interpretation and Policy .08 sets forth options series with expirations beyond Rule was that the rule change would an exception to the 10% Rule and will that date will be grandfathered and will lead to symbol proliferation in that any be deleted when the 10% Rule is be assigned separate trading symbols. special dividend greater than $12.50 per abolished. Second, some commenters expressed contract would trigger a contract III. Comment Letters their concerns that elimination of the adjustment and a new symbol. The 10% Rule would create uncertainty as to frequency of such adjustments could be The Commission received fourteen whether OCC would classify particular very high, causing a sharp spike in comment letters in response to the vidends as ordinary or special and that symbol proliferation. OCC responded by proposed rule change.15 Eleven of the market liquidity for the affected options acknowledging that this is true for the comment letters opposed the rule would disappear until OCC announced short term but that the need for change. OCC submitted three letters whether a dividend was ordinary or additional symbols would end when the responding to the comment letters. special. OCC responded that a dividend industry converts to decimal stike Seven of the comment letters opposed prices.18 Also, OCC believes that the 16 will be classified as ordinary if it is elimination of the 10% Rule. Three of declared pursuant to a policy or practice inequities caused by the 10% Rule the comment letters opposed the of paying such dividends on a quarterly outweigh any operational burdens adjustment methodology for stock or other regular basis. The issue as to associated with symbol proliferation.19 dividends, stock distributions, and stock whether a particular dividend or The fourth major concern raised by 17 splits. distribution fits the criteria to be the commenters in opposing the 10% A. Comments Opposing the 10% Rule classified as ordinary or special would Rule was that the revised rule could be determined by a panel of the OCC reduce liquidity for adjusted options Those commenters opposing Securities Committee, which consists of because investors are drawn to round elimination of the 10% Rule did so for two representatives of each exchange increments in strike prices. The 10% various reasons. First, they felt that that lists options on the underlying Rule has always avoided liquidity loss elimination of the 10% Rule for existing security and one representative of OCC, by only creating odd strike prices when contracts would be unfair to the contract who votes only in the event of a tie vote. the dividend is so extraordinarily traders who have priced adjustments OCC contends that most special disproportionate as to require into their pricing models based on their dividends are in such amounts and/or adjustment. OCC responded that despite estimated probability that an issuer will payable on such dates that it will be the thousands of contractual pay a special dividend with the immediately obvious to the market that adjustments made in over 33 years of they are not being declared pursuant to options trading on U.S. markets, it 15 Supra notes 3 and 5. Joseph Haggenmiller’s knows of no case where liquidity was comment letter objected to the entire proposed rule a policy or a practice of paying such change but did not state why. Joseph Haggenmiller dividends on a quarterly or other regular wiped out for an adjusted series. (March 8, 2006). The comment letters received after basis. In addition, issuers normally Market-makers on U.S. options OCC’s amendment did not comment on the classify a dividend as special or exchanges are numerous, highly amendment. ordinary when the dividend is competitive, quick to exploit arbitrage 16 Erik A. Hartog, Operating Manager, Allagash opportunities, and in many cases Trading LLC (March 21, 2006); Jeffrey Woodring announced. While this will not control (March 22, 2006); Adam Besch-Turner (March 23, OCC’s determination of whether a obligated by exchange rules to make 2006); Mike Ianni (April 5, 2006); Mike Ianni (April dividend is ordinary or special, in the 5, 2006); Peter van Dooijeweert, President, Alopex vast majority of cases a dividend 18 The current plan is to begin converting Capital Management, LLC (April 26, 2006); and Erik classified by the issuer as special would fractional strikes to decimal strikes in November A. Hartog, Operating Manager, Allagash Trading 2009. LLC (January 8, 2007). not fit OCC’s definition of ordinary cash 19 Since the beginning of 2006, OCC has been 17 Christopher Nagy, Chairman, Options dividends or distributions. tracking special dividends that were too small to Committee, Securities Industry Association (March In certain cases the OCC Securities trigger an adjustment under the 10% Rule but that 24, 2006); Bob Linville and Deborah Mittelman, Committee will need to make a would be large enough to cause an adjustment Service Bureau Committee Co-Chairs, Financial under the revised rule. Up to September 2006, there Information Forum (May 2, 2006); and James judgment as to whether to classify a were a total of 22 more dividends which would Knight, Vice President, Manager, Options Trading dividend as ordinary or special. The have required additional symbols for conventional Strategies, Raymond James Associates, Gary uncertainty which may exist in such equity options. In some cases, new symbols would Franklin, Manager of Option Trading, Managing cases will diminish over time as OCC also have had to be assigned for LEAP and flex Director, Senior Options Principal, Morgan Keegan contracts. According to OCC, the number is not Co., and Dennis Moorman, Manager-Options publishes interpretations and policies small but is certainly not large relative to the Department, J.J.B. Hilliard, W.L. Lyons, Inc. and a body of precedent develops. OCC hundreds of adjusted and wrap symbols already (December 12, 2006). intends to publish informational assigned.

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markets in every series of every class in currently in effect and that eliminating The Commission believes that OCC’s which they quote.20 the 10% Rule with respect to existing rule change is consistent with this contracts may unfairly affect these Section because (1) it is intended to B. Comments Opposing the Adjustment options traders. To ensure that no eliminate inequities that result from Methodology for Stock Dividends, Stock options series that were opened before certain rounding practices currently Distributions, and Stock Splits approval of the proposed rule change required by OCC’s By-Laws and thus The commenters who opposed the are affected by elimination of the 10% should protect investors and (2) it is revised adjustment methodology for Rule, OCC’s elimination of the 10% intended to make more predictable stock dividends, stock distributions, and Rule and implementation of the fixed when cash distributions by an issuer stock splits did so by suggesting dollar threshold will take effect only for will result in an adjustment to an option alternative models such as those corporate events announced on or after contract and thus should make the employed by Eurex and other non-U.S. February 1, 2009. OCC plans to provide process for adjustments more equitable exchanges.21 OCC responded that while ODD disclosure of this rule change for all investors. it has an open mind about making before May 29, 2007, (after which date OCC has amended the rule change in further changes to its adjustment the exchanges would normally begin response to many of the commenters methodology, it did not believe it would introducing LEAPS expiring in 2010 that opposed various portions of the be feasible to adopt any of the making a 2009 implementation rule change for various reasons. alternative models proposed by the impracticable). The delay in Some commenters expressed concern commenters because they would require implementation will ensure that all that elimination of the 10% Rule would extensive and onerous systems changes options series opened before the ODD create uncertainty as to whether OCC by OCC, exchanges, members, and disclosure is made available (other than would classify particular dividends as vendors. One of the commenters who certain ‘‘flex’’ options that will be ordinary or special and that market opposed the adjustment methodology grandfathered under the old rule) will liquidity for the affected options would argued that the adjustment methodology have expired before the change is disappear until OCC made an is new and will result in significant effected.23 While delaying the announcement whether a dividend is modifications to the systems which implementation until 2009 postpones ordinary or special. The Commission support the adjustment methodology the benefit of making this needed feels that OCC’s proposed rule is clear OCC seeks to replace.22 In addition, the change, it addresses the concerns of as to the procedure that will be used to commenter argued that if OCC’s firms that find the operational hurdles classify a dividend as ordinary or proposed adjustment methodology is and fairness issues associated with an special. A dividend will be classified as implemented and the strike price does earlier implementation onerous. ordinary if it is declared pursuant to a not change when an adjustment takes policy or practice of paying such place, some other indicator in the V. Discussion dividends on a quarterly or other regular displays used to trade options must be After carefully considering the basis. The Commission finds persuasive changed to somehow alert the investor proposed rule change as amended and OCC’s argument that most special that the option represents an adjusted all of the written comments received, dividends are in such amounts and/or contract. OCC responded that it is the Commission finds that the proposed payable on such dates that it will be simply applying to stock dividends, rule change is consistent with the immediately obvious to the market that stock distributions, and stock splits the requirements of the Act and the rules they are not being declared pursuant to same adjustment methodology used for and regulations thereunder and a policy or a practice of paying such over thirty years for spin-offs, mergers, particularly with the requirements of dividends on a quarterly or other regular and special cash dividends. In addition, Section 17A(b)(3)(F).24 Section 19(b) of basis. In addition, issuers normally OCC argued, price vendors, service the Act directs the Commission to classify a dividend as special or bureaus, and securities firms currently approve a proposed rule change of a ordinary when the dividend is do and have always identified adjusted self-regulatory organization if it finds announced, and in the vast majority of contracts through the use of adjusted that such proposed rule change is cases a dividend classified by the issuer symbols. consistent with the requirements of the as special would not fit OCC’s definition Act and the rules and regulations of ordinary cash dividends or IV. Amendment thereunder applicable to such distributions. Any uncertainty which To address certain concerns expressed organization. Section 17A(b)(3)(F) of the may exist in cases where the OCC in the comment letters and by others, Act requires that the rules of a clearing Securities Committee will need be to OCC amended the proposed rule agency be designed, in general, to make a judgment as to whether a change. OCC understands that certain protect investors and the public interest. dividend is ordinary or special should option traders may have integrated into diminish over time as OCC publishes their pricing models the probability of 23 OCC intends to take a ‘‘snapshot’’ of flex series interpretations and policies and a body special dividends and their being expiring after January 31, 2009, that are outstanding of precedent develops. In addition, the adjusted based on the OCC rules at the time when ODD disclosure of the rule change Commission is not convinced, is made. Those series will be assigned distinctive trading symbols and ‘‘grandfathered’’ under the old considering that adjusted options have 20 See, e.g., CBOE Rules 8.7 and 8.85. rule. Trading will continue normally in shown no lack of liquidity in the past, 21 Christopher Nagy, Chairman, Options grandfathered series until their expiration, but the that the elimination of the 10% Rule Committee, Securities Industry Association (March exchanges would be free to open otherwise will wipe out liquidity for adjusted 24, 2006) and James Knight, Vice President, identical non-grandfathered series, which would be options. Manager, Options Trading Strategies, Raymond identified by conventional flex trading symbols. If James Associates, Gary Franklin, Manager of Option ODD disclosure is not made until after the Some commenters stated that the Trading, Managing Director, Senior Options December 2006 expiration, it may also be necessary elimination of the 10% Rule for existing Principal, Morgan Keegan Co., and Dennis to grandfather two classes of LEAPs with December contracts would be unfair to those Moorman, Manager-Options Department, J.J.B. expirations (SPY and S&P 100 i-Shares) because the traders that have built into their pricing Hilliard, W.L. Lyons, Inc. (December 12, 2006). exchanges would ordinarily introduce new series 22 Bob Linville and Deborah Mittelman, Service expiring in December 2009 after the December 2006 models the possibility that an issuer Bureau Committee Co-Chairs, Financial Information expiration. would declare a special dividend and Forum (May 2, 2006). 24 15 U.S.C. 78q–1(b)(3)(F). the effect of that dividend under the

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10% Rule. In response, OCC amended proposed rule change (File No. SR– replace the Exchange as the party solely the filing so that the 10% Rule will be FICC–2006–01), as modified by responsible for the calculation and eliminated and the new dollar threshold Amendment No. 1, be and hereby is dissemination of the current index implemented only for dividends approved. values 6 of the PHLX/KBW Bank Index 7 announced on and after February 1, For the Commission by the Division of (‘‘Bank Index’’ or ‘‘Index’’). 2009, so that the majority of existing Market Regulation, pursuant to delegated II. Self-Regulatory Organization’s options contracts will not be affected. 26 authority. Statement of the Purpose of, and Some commenters also argued that Florence E. Harmon, elimination of the 10% Rule would lead Statutory Basis for, the Proposed Rule Deputy Secretary. to symbol proliferation in that any Change special dividend greater than $12.50 per [FR Doc. E7–2792 Filed 2–15–07; 8:45 am] In its filing with the Commission, the contract would trigger a contract BILLING CODE 8011–01–P Phlx included statements concerning adjustment and a new symbol. The the purpose of and basis for the Commission believes that any symbol proposed rule change and discussed any SECURITIES AND EXCHANGE proliferation should be short lived as comments it received on the proposed COMMISSION the industry is planning to convert from rule change. The text of these statements fractional strikes to decimal strikes in [Release No. 34–55261; File No. SR–Phlx– may be examined at the places specified November 2009 and that the benefits of 2007–01] in Item IV below. The Phlx has prepared the change outweigh any burdens. summaries, set forth in Sections A, B, Of particular concern to the Self-Regulatory Organizations; and C below, of the most significant Commission is the inequitable economic Philadelphia Stock Exchange, Inc.; aspects of such statements. impact of unanticipated special Notice of Filing and Immediate dividends on market participants when Effectiveness of Proposed Rule A. Self-Regulatory Organization’s the 10% Rule is applied. The Change and Amendment No. 1 Thereto Statement of the Purpose of, and Commission believes that OCC’s rule Relating to Calculation and Statutory Basis for, the Proposed Rule change makes appropriate changes to Dissemination of PHLX/KBW Bank Change the way that OCC handles special Index Values 1. Purpose dividends to address this problem. February 8, 2007. The purpose of the proposed rule Those commenters that disagreed Pursuant to Section 19(b)(1) of the change is to provide that Dow Jones, with the adjustment methodology for Securities Exchange Act of 1934 rather than the Exchange, will calculate stock dividends, stock distributions, and (‘‘Act’’),1 and Rule 19b–4 thereunder,2 and disseminate the current index stock splits suggested changes that notice is hereby given that on January values of the Bank Index. No other would require major systems revisions. 18, 2007, the Philadelphia Stock changes are proposed in respect of the The Commission believes that such Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) Index. systems changes would be a tremendous filed with the Securities and Exchange Options on the Bank Index, a narrow- burden on the industry and the costs Commission (‘‘Commission’’) the based (industry) index, were originally would not outweigh any benefits. listed in 1992.8 The Commission’s Finally, it was argued that major proposed rule change as described in Approval Order regarding the Bank systems changes would need to be Items I and II below, which Items have Index and options on it contains the undertaken and symbols changed to been substantially prepared by the Phlx. following language about the calculation somehow alert investors that an option On February 2, 2007, the Phlx filed of the underlying current index value: represents an adjusted contract. The Amendment No. 1 to the proposed rule Commission is not persuaded by this change. The Phlx filed the proposed Even though the Index will be maintained argument because the adjustment rule change as a ‘‘non-controversial’’ by KBW, the Phlx represents that the Exchange will be solely responsible for the methodology OCC is going to apply to rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b– calculation of the Index and that the Index stock dividends, stock distributions, and 4 value will be calculated and disseminated in stock splits is the same adjustment 4(f)(6) thereunder, which renders the proposal effective upon filing with the such a way that neither KBW nor any other methodology it has used for over thirty party will be in receipt of the Index value years for spin-offs, mergers, and Commission. The Commission is prior to the public dissemination of the extraordinary cash dividends and publishing this notice to solicit comments on the proposed rule change, 6 Bridge Data, which merged into Reuters, at identification of these adjusted contracts 5 does not appear to have presented a as amended, from interested persons. various times has calculated and disseminated relevant index values on behalf of the Exchange. problem. I. Self-Regulatory Organization’s 7 KBW is a registered broker-dealer that, among VI. Conclusion Statement of the Terms of Substance of other things, specializes in U.S. bank stocks and is the Proposed Rule Change recognized as the ‘‘financial services industry On the basis of the foregoing, the authority.’’ The Bank Index (BKX), also known as Commission finds that the proposed The Phlx proposes that Dow Jones & the KBW Bank Index and as a sector index, is a Company, Inc. (‘‘Dow Jones’’) will European-style modified-capitalization-weighted rule change is consistent with the index composed of 24 geographically dispersed requirements of the Act and in companies representing national money center 26 17 CFR 200.30–3(a)(12). particular Section 17A of the Act and banks and leading regional institutions. KBW has 1 15 U.S.C. 78s(b)(1). the rules and regulations thereunder.25 informed the Exchange that an independent third 2 17 CFR 240.19b–4. party, Dow Jones, on behalf of KBW will calculate In approving the proposed rule change, 3 15 U.S.C. 78s(b)(3)(A). and publicly disseminate the current values of the the Commission considered the 4 17 CFR 240.19b–4(f)(6). Bank Index and will follow necessary procedures proposal’s impact on efficiency, 5 Certain additions and technical corrections were such as publicly reporting the current underlying competition and capital formation. made throughout the discussion of the proposed index values at least once every 15 seconds during It is therefore ordered, pursuant to rule change pursuant to conversations with Phlx the periods that options on the Bank Index are staff. Telephone conversation between Jurij traded. Section 19(b)(2) of the Act, that the Trypupenko, Director and Counsel, Phlx, and Kate 8 See Securities Exchange Act Release No. 31145 Robbins, Attorney, Division of Market Regulation, (September 3, 1992), 57 FR 41531 (September 10, 25 15 U.S.C. 78c(f). Commission, on February 5, 2007. 1992) (SR–Phlx–91–27) (‘‘Approval Order’’).

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value. In this connection, the Phlx has made particular, in that it is designed to written notice of its intent to file this arrangements for the Index to be calculated promote just and equitable principles of proposed rule change at least five by an independent third party, Bridge Data, trade, to remove impediments to and business days prior to the date of filing 9 a vendor of financial information. perfect the mechanism of a free and of the proposed rule change. In In June 2006, the Exchange filed a open market and a national market addition, the Phlx has requested that the proposal that it would calculate and system, and to protect investors and the Commission waive the 30-day operative disseminate the Bank Index values in public interest. delay. The Commission believes that the event that Bridge Data was waiving the 30-day operative delay is B. Self-Regulatory Organization’s temporarily unable to calculate and consistent with the protection of Statement on Burden on Competition disseminate the values due to technical investors and the public interest difficulties.10 The Exchange is The Exchange does not believe that because it will assure the continued proposing in this filing that it (and any the proposed rule change will impose availability of the current Bank Index third party on the Exchange’s behalf) any burden on competition that is not values. For this reason, the Commission will cease calculating and disseminating necessary or appropriate in furtherance designates the proposal to be effective the Bank Index values and, in its place, of the purposes of the Act. and operative upon filing with the Dow Jones 11 will be solely responsible 21 C. Self-Regulatory Organization’s Commission. for such calculation and Statement on Comments on the dissemination.12 IV. Solicitation of Comments Proposed Rule Change Received From The Exchange notes that the listing of Interested persons are invited to options on the Bank Index preceded the Members, Participants, or Others submit written data, views and adoption of the Exchange’s generic No written comments were either arguments concerning the foregoing, index option listing standards in Phlx solicited or received. including whether the proposed rule Rule 1009A. This rule permits the III. Date of Effectiveness of the change is consistent with the Act. Exchange to list qualifying index Proposed Rule Change and Timing for Comments may be submitted by any of options pursuant to a form filing per Commission Action the following methods: Rule 19b–4(e) under the Exchange Act (instead of a rule filing as with the Bank Because the foregoing proposed rule Electronic Comments Index), and does not require a filing change does not: (i) Significantly affect regarding the identity of the entity the protection of investors or the public • Use the Commission’s Internet calculating or disseminating the current interest; (ii) impose any significant comment form (http://www.sec.gov/ index values, so long as such values are burden on competition; and (iii) become rules/sro.shtml); or publicly reported at least once every 15 operative for 30 days from the date on • Send an e-mail to rule- seconds during the periods that the which it was filed, or such shorter time [email protected]. Please include File index options are traded on the as the Commission may designate, it has Number SR–Phlx–2007–01 on the Exchange.13 become effective pursuant to Section subject line. 19(b)(3)(A) of the Act 16 and Rule 19b– 2. Statutory Basis 4(f)(6) thereunder.17 Paper Comments The Exchange believes that its At any time within 60 days of the • Send paper comments in triplicate proposed rule change to make Dow filing of the proposed rule change, the to Nancy M. Morris, Secretary, Jones responsible for calculating and Commission may summarily abrogate Securities and Exchange Commission, disseminating the Bank Index values is such rule change if it appears to the 100 F Street, NE., Washington, DC consistent with Section 6(b) of the Act 14 Commission that such action is 20549–1090. in general, and furthers the objectives of necessary or appropriate in the public Section 6(b)(5) of the Act 15 in interest, for the protection of investors, All submissions should refer to File or otherwise in furtherance of the Number SR–Phlx–2007–01. This file 9 Id. purposes of the Act.18 number should be included on the 10 See Securities Exchange Act Release No. 53933 (June 1, 2006), 71 FR 33330 (June 8, 2006) (SR– A proposed rule change filed under subject line if e-mail is used. To help the Phlx–2006–29). Rule 19b–4(f)(6) normally may not Commission process and review your 11 Dow Jones is an independent third party vis a become operative prior to 30 days after comments more efficiently, please use vis KBW, and KBW has informed the Exchange that the date of filing.19 However, Rule 19b– only one method. The Commission will Dow Jones will publicly report the underlying 4(f)(6)(iii) 20 permits the Commission to post all comments on the Commission’s values of the Bank Index at least once every 15 seconds during the times that options on the Bank designate a shorter time if such action Internet Web site (http://www.sec.gov/ Index are traded on the Exchange., is consistent with the protection of rules/sro.shtml). Copies of the 12 Although Dow Jones will take over from Phlx investors and the public interest. The submission, all subsequent the responsibility to calculate and disseminate Phlx provided the Commission with amendments, all written statements current index values of four additional KBW indexes, this is not part of the proposed filing with respect to the proposed rule 16 because such indexes were listed pursuant to Rule 15 U.S.C. 78s(b)(3)(A). change that are filed with the 19b–4(e). 17 17 CFR 240.19b–4(f)(6). Commission, and all written 13 Where an underlying index is maintained by a 18 For purposes of calculating the 60-day period communications relating to the broker-dealer, the index must be calculated by a within which the Commission may summarily proposed rule change between the third party who is not a broker-dealer, and the abrogate the proposed rule change under Section broker-dealer will have to erect a ‘‘Chinese Wall’’ 19(b)(3)(C) of the Act, the Commission considers Commission and any person, other than around its personnel who have access to the period to commence on February 2, 2007, the information concerning changes in and adjustments date on which the Phlx submitted Amendment No. 21 For purposes only of waiving the 30-day to the index. See Phlx Rule 1009A(b)(12). 1. See 15 U.S.C. 78s(b)(3)(C). operative delay, the Commission has considered the 14 15 U.S.C. 78f(b). 19 17 CFR 240.19b–4(f)(6)(iii). proposed rule’s impact on efficiency, competition, 15 15 U.S.C. 78f(b)(5). 20 Id. and capital formation. See 15 U.S.C. 78c(f).

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those that may be withheld from the The following areas have been This notice of receipt of Baby Trend’s public in accordance with the determined to be adversely affected by petition is published under 49 U.S.C. provisions of 5 U.S.C. 552, will be the disaster: 30118 and 30120 and does not represent available for inspection and copying in Primary Counties (Physical Damage and any agency decision or other exercise of the Commission’s Public Reference Economic Injury Loans): Volusia. judgment concerning the merits of the Room. Copies of such filing also will be Contiguous Counties (Economic Injury petition. available for inspection and copying at Loans Only): Florida: Brevard, Affected are a total of approximately the principal office of the Phlx. All Flagler, Lake, Marion, Orange, 30,450 infant car seats produced comments received will be posted Putnam, Seminole. between June 21, 2006 and November without change; the Commission does The Interest Rates are: 30, 2006. FMVSS No. 213, S5.1.2.1(b) not edit personal identifying requires the following statements on information from submissions. You Percent child restraints: For recall information, should submit only information that call the U.S. Government’s Vehicle you wish to make available publicly. All For Physical Damage: Safety Hotline at 1–888–327–4236 (TTY: submissions should refer to File Homeowners with Credit Avail- 1–800–424–9153), or go to http:// able Elsewhere ...... 6.000 Number SR–Phlx–2007–01 and should www.NHTSA.gov. Homeowners without Credit The infant car seats do not have the be submitted on or before March 9, Available Elsewhere ...... 3.000 2007. Businesses with Credit Available markings required by S5.1.2.1(b). Baby Trend has corrected the problem that For the Commission, by the Division of Elsewhere ...... 8.000 Other (Including Non-Profit Orga- caused these errors so that they will not Market Regulation, pursuant to delegated be repeated in future production. authority.22 nizations) with Credit Available Elsewhere ...... 5.250 Baby Trend believes that the Florence E. Harmon, Businesses And Non-Profit Orga- noncompliance is inconsequential to Deputy Secretary. nizations without Credit Avail- motor vehicle safety and that no [FR Doc. E7–2764 Filed 2–15–07; 8:45 am] able Elsewhere ...... 4.000 corrective action is warranted. Baby BILLING CODE 8010–01–P For Economic Injury: Trend states that the child restraint seats Businesses & Small Agricultural comply with the stringent dynamic Cooperatives without Credit Available Elsewhere ...... 4.000 performance requirements of FMVSS SMALL BUSINESS ADMINISTRATION No. 213. Baby Trend does not believe The number assigned to this disaster that a safety consequence exists for the [Disaster Declaration # 10805 and # 10806] for physical damage is 10805C and for technical labeling non-compliance. economic injury is 108060. Further, they believe that given the Florida Disaster # FL–00020 existing lag time, the use of older (Catalog of Federal Domestic Assistance information remains a viable means for AGENCY: U.S. Small Business Numbers 59002 and 59008) Administration. contacting the National Highway Traffic Herbert L. Mitchell, Safety Administration (NHTSA). ACTION: Notice. Associate Administrator for Disaster Although telephone exchanges have SUMMARY: This is a Notice of the Assistance. changed, NHTSA still forwards calls in Presidential declaration of a major [FR Doc. E7–2755 Filed 2–15–07; 8:45 am] an integrated manner to provide disaster for the State of Florida (FEMA– BILLING CODE 8025–01–P consumer service to the general 1680–DR), dated 02/08/2007. population. In addition, Baby Trend Incident: Severe Storms, Tornadoes, states that the use of the internet, and Flooding. DEPARTMENT OF TRANSPORTATION improvements to NHTSA’s websites, Incident Period: 12/25/2006. and the implementation of the Effective Date: 02/08/2007. National Highway Traffic Safety integrated www.recall.gov website allow Physical Loan Application Deadline Administration consumers interested in contacting NHTSA to do so more effectively than Date: 04/09/2007. [Docket No. NHTSA–2007–27111; Notice 1] Economic Injury (EIDL) Loan ever before. Application Deadline Date: 11/08/2007. Baby Trend, Inc., Receipt of Petition Interested persons are invited to for Decision of Inconsequential submit written data, views, and ADDRESSES: Submit completed loan arguments on this petition. Comments Noncompliance applications to: U.S. Small Business must refer to the docket and notice Administration, Processing and Baby Trend, Inc. (Baby Trend) has number cited at the beginning of this Disbursement Center, 14925 Kingsport determined that certain infant car seats notice and be submitted by any of the Road, Fort Worth, TX 76155. that it produced in 2006 do not comply following methods. Mail: Docket FOR FURTHER INFORMATION CONTACT: A. with S5.1.2.1(b) of 49 CFR 571.213, Management Facility, U.S. Department Escobar, Office of Disaster Assistance, Federal Motor Vehicle Safety Standard of Transportation, Nassif Building, U.S. Small Business Administration, (FMVSS) No. 213, ‘‘Child Restraint Room PL–401, 400 Seventh Street, SW., 409 3rd Street, SW., Suite 6050, Systems.’’ Baby Trend has filed an Washington, DC, 20590–0001. Hand Washington, DC 20416. appropriate report pursuant to 49 CFR Delivery: Room PL–401 on the plaza SUPPLEMENTARY INFORMATION: Notice is Part 573, ‘‘Defect and Noncompliance level of the Nassif Building, 400 hereby given that as a result of the Reports.’’ Seventh Street, SW., Washington, DC. It President’s major disaster declaration on Pursuant to 49 U.S.C. 30118(d) and is requested, but not required, that two 02/08/2007, applications for disaster 30120(h), Baby Trend has petitioned for copies of the comments be provided. loans may be filed at the address listed an exemption from the notification and The Docket Section is open on above or other locally announced remedy requirements of 49 U.S.C. weekdays from 10 a.m. to 5 p.m. except locations. Chapter 301 on the basis that this Federal holidays. Comments may be noncompliance is inconsequential to submitted electronically by logging onto 22 17 CFR 200.30–3(a)(12). motor vehicle safety. the Docket Management System Web

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site at http://dms.dot.gov. Click on that have been sold and have been Room PL–401, 400 Seventh Street, SW., ‘‘Help’’ to obtain instructions for filing installed on approximately 1,250-model Washington, DC, 20590–0001. Hand the document electronically. Comments year 2000 through 2005 Nissan Xterra Delivery: Room PL–401 on the plaza may be faxed to 1–202–493–2251, or multipurpose passenger vehicles and level of the Nassif Building, 400 may be submitted to the Federal Frontier pickup trucks. S5.2 of FMVSS Seventh Street, SW., Washington, DC. It eRulemaking Portal: go to http:// No. 120, rim marking, requires that each is requested, but not required, that two www.regulations.gov. Follow the online rim be marked with certain information copies of the comments be provided. instructions for submitting comments. on the weather side, including: The Docket Section is open on The petition, supporting materials, S5.2(a) A designation which indicates weekdays from 10 a.m. to 5 p.m. except and all comments received before the the source of the rim’s published Federal Holidays. Comments may be close of business on the closing date nominal dimensions, and S5.2(c) the submitted electronically by logging onto indicated below will be filed and will be symbol DOT. the Docket Management System Web considered. All comments and The rims installed on the affected site at http://dms.dot.gov. Click on supporting materials received after the vehicles do not contain the markings ‘‘Help’’ to obtain instructions for filing closing date will also be filed and will required by S5.2(a) or S5.2(c). Nissan the document electronically. Comments be considered to the extent possible. has corrected the problem that caused may be faxed to 1–202–493–2251, or When the petition is granted or denied, these errors so that they will not be may be submitted to the Federal notice of the decision will be published repeated in future production. eRulemaking Portal: go to http:// in the Federal Register pursuant to the Nissan believes that the www.regulations.gov. Follow the online authority indicated below. noncompliance is inconsequential to instructions for submitting comments. Comment closing date: March 19, motor vehicle safety and that no The petition, supporting materials, 2007. corrective action is warranted. Nissan ″ ″ and all comments received before the (Authority: 49 U.S.C. 30118, 30120: states that the affected rims are 16 x7 close of business on the closing date delegations of authority at CFR 1.50 and aluminum alloy, which are commonly indicated below will be filed and will be 501.8) available and utilized in the United considered. All comments and States. They are a correct specification Issued on: February 9, 2007. supporting materials received after the for mounting 16″ original equipment closing date will also be filed and will Claude H. Harris, tires specified for Xterra and Frontier be considered to the extent possible. Director, Office of Vehicle Safety Compliance. models, and are capable of carrying the When the petition is granted or denied, [FR Doc. E7–2809 Filed 2–15–07; 8:45 am] gross vehicle weight rating (GVWR) of notice of the decision will be published BILLING CODE 4910–59–P the vehicle. Nissan first became aware in the Federal Register pursuant to the of the noncompliance of these vehicles authority indicated below. during a regulatory compliance review Comment closing date: March 19, DEPARTMENT OF TRANSPORTATION during March 2006. 2007. National Highway Traffic Safety Nissan states that no accidents or Authority: 49 U.S.C. 30118, 30120; Administration injuries have occurred, and no customer complaints have been received related delegations of authority at CFR 1.50 and [Docket No. NHTSA–2007–27073; Notice 1] to the lack of the markings or any 501.8. problem that may have resulted from Issued on: February 9, 2007. Nissan North America, Inc., Receipt of the lack of the markings. Nissan further Claude H. Harris, Petition for Decision of states that the missing markings do not Inconsequential Noncompliance Director, Office of Vehicle Safety Compliance. affect the performance of the wheels or [FR Doc. E7–2810 Filed 2–15–07; 8:45 am] Nissan North America, Inc. (Nissan) the tire and wheel assemblies. BILLING CODE 4910–59–P has determined that the rims on certain The rims are marked in compliance vehicles that it produced in 2000 with S5.2(b), rim size designation; through 2005 do not comply with S5.2(d), manufacturer identification; DEPARTMENT OF TRANSPORTATION S5.2(a) and S5.2(c) of 49 CFR 571.120, and S5.2(e) month, day and year or Federal Motor Vehicle Safety Standard month and year of manufacture. The Surface Transportation Board (FMVSS) No. 120, ‘‘Tire selection and rims are also marked with a 4030S [STB Finance Docket No. 34991] rims for motor vehicles other than RSD20–10/20 part number. The tire size is marked on the tire passenger cars.’’ Nissan has filed an Koch Industries, Inc.—Continuance in appropriate report pursuant to 49 CFR sidewalls, and the owner’s manual and tire inflation pressure placard contain Control Exemption—Moscow Camden Part 573, ‘‘Defect and Noncompliance and San Augustine Railroad LLC Reports.’’ the appropriate tire size to be installed Pursuant to 49 U.S.C. 30118(d) and on the original equipment rims. Koch Industries, Inc. (Koch 30120(h), Nissan has petitioned for an Therefore, Nissan does not believe there Industries), a noncarrier, has filed a exemption from the notification and is a possibility of a tire and rim verified notice of exemption to remedy requirements of 49 U.S.C. mismatch as a result of the missing rim indirectly continue in control of Chapter 301 on the basis that this markings. All other requirements under Moscow Camden and San Augustine noncompliance is inconsequential to FMVSS No. 120 are met. Railroad LLC (MCSA), upon MCSA’s motor vehicle safety. Interested persons are invited to becoming a Class III rail carrier.1 This notice of receipt of Nissan’s submit written data, views, and The transaction is scheduled to be petition is published under 49 U.S.C. arguments on this petition. Comments consummated after the effectiveness of 30118 and 30120 and does not represent must refer to the docket and notice the exemption, and no earlier than any agency decision or other exercise of number cited at the beginning of this March 2, 2007. judgment concerning the merits of the notice and be submitted by any of the petition. following methods. Mail: Docket 1 Simultaneously with this filing, Koch Industries Affected are a total of approximately Management Facility, U.S. Department filed a motion for a protective order. The motion 5,000 optional dealer accessory wheels of Transportation, Nassif Building, is being addressed in a separate Board decision.

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The transaction is related to STB corporate family, (ii) the transaction is Company (N&BE) over NSR’s line Finance Docket No. 34990, Moscow not a part of a series of anticipated between milepost 194.2, Lock Haven, Camden and San Augustine Railroad transactions that would connect any of PA, and milepost 139.2, Driftwood, PA, LLC—Acquisition and Operation these railroads with one another or any a distance of approximately 55 miles.1 Exemption—Assets of Moscow, Camden other railroad, and (iii) the transaction The transaction is scheduled to be & San Augustine Railroad, wherein does not involve a Class I railroad. consummated on or after March 4, 2007, Moscow Camden and San Augustine Therefore, the transaction is exempt the effective date of the exemption (30 Railroad LLC seeks to acquire and from the prior approval requirements of days after the exemption was filed). The operate the assets of Moscow, Camden 49 U.S.C. 11323. See 49 CFR temporary trackage rights will expire on & San Augustine Railroad.2 Upon the 1180.2(d)(2). December 30, 2007. effectiveness of that exemption, MCSA Under 49 U.S.C. 10502(g), the Board The purpose of the temporary will become an indirect wholly owned may not use its exemption authority to trackage rights is to allow N&BE rail carrier subsidiary of Koch relieve a rail carrier of its statutory adequate bridge train service for Industries. obligation to protect the interests of its temporary, seasonal traffic originating Koch Industries currently controls employees. Section 11326(c), however, on the N&BE for delivery to an off-line three other Class III rail carriers: Gloster does not provide for labor protection for destination. Southern Railroad Company LLC (GSR), transactions under sections 11324 and As a condition to this exemption, any Blue Rapids Railway Company LLC 11325 that involve only Class III rail employee affected by the acquisition of (BRR), and Old Augusta Railroad, LLC carriers. Accordingly, the Board may not the temporary trackage rights will be (OAR).3 GSR operates an approximately impose labor protective conditions here, protected by the conditions imposed in 35-mile rail line between Gloster, MS, because all of the carriers involved are Norfolk and Western Ry. Co.—Trackage and Slaughter, LA, where it connects Class III carriers. Rights—BN, 354 I.C.C. 605 (1978), as with Canadian National Railway. GSR’s If the verified notice contains false or modified in Mendocino Coast Ry., Inc.— direct parent is Georgia-Pacific Wood misleading information, the exemption Lease and Operate, 360 I.C.C. 653 Products LLC, which is an indirect is void ab initio. Petitions to revoke the (1980), and any employee affected by wholly owned subsidiary of Georgia- exemption under 49 U.S.C. 10502(d) the discontinuance of those trackage Pacific. BRR operates an approximately may be filed at any time. The filing of rights will be protected by the 10-mile rail line between Marysville and a petition to revoke will not conditions set out in Oregon Short Line Bestwall, KS, connecting at the automatically stay the transaction. R. Co.—Abandonment—Goshen, 360 Marysville end to Union Pacific Petitions for stay must be filed no later I.C.C. 91 (1979). Railroad Company. BRR’s direct parent than February 23, 2007 (at least 7 days This notice is filed under 49 CFR is Georgia-Pacific Gypsum LLC, which before the exemption becomes 1180.2(d)(8). If it contains false or is an indirect wholly owned subsidiary effective). misleading information, the exemption of Georgia-Pacific. OAR operates an An original and 10 copies of all is void ab initio. Petitions to revoke the approximately 2.5-mile line between the pleadings, referring to STB Finance exemption under 49 U.S.C. 10502(d) Leaf River Pulp Mill in New Augusta, Docket No. 34991, must be filed with may be filed at any time. The filing of MS, and an interchange with Canadian the Surface Transportation Board, 1925 a petition to revoke will not National Railway in Mississippi. OAR’s K Street, NW., Washington, DC 20423– automatically stay the transaction. Any direct parent is GP Cellulose, LLC, 0001. In addition, a copy of each stay petition must be filed on or before which is an affiliate of Georgia-Pacific. pleading must be served on David H. February 23, 2007 (at least 7 days before Koch Industries states that: (i) The Coburn, 1330 Connecticut Ave., NW., the exemption becomes effective). railroads will not connect with each Washington, DC 20036. An original and 10 copies of all other or any railroads within its Board decisions and notices are pleadings, referring to STB Finance available on our Web site at http:// Docket No. 34956, must be filed with 2 Pursuant to an agreement dated December 21, www.stb.dot.gov. the Surface Transportation Board, 1925 2006, between International Paper Company K Street, NW., Washington, DC 20423– (International Paper), Georgia-Pacific Corporation Decided: February 6, 2007. (now Georgia-Pacific LLC) (Georgia-Pacific), and By the Board, David M. Konschnik, 0001. In addition, one copy of each subsidiaries Georgia-Pacific Wood Products South Director, Office of Proceedings. pleading must be served on Richard R. LLC (Georgia-Pacific South) and Georgia-Pacific Vernon A. Williams, Wilson, 127 Lexington Ave., Suite 100, Holdings LLC, Georgia-Pacific South has agreed to Altoona, PA 16601. purchase International Paper’s integrated plywood Secretary. Board decisions and notices are plant and lumber mill complex at Camden, TX. As [FR Doc. E7–2439 Filed 2–15–07; 8:45 am] part of the agreement, Georgia-Pacific South has available on our Web site at http:// also agreed to purchase the assets of Moscow, BILLING CODE 4915–01–P www.stb.dot.gov. Camden & San Augustine Railroad, a 6.9-mile short line connecting International Paper’s Camden Decided: February 8, 2007. complex with a line of Union Pacific Railroad DEPARTMENT OF TRANSPORTATION By the Board, David M. Konschnik, Company at Moscow, TX. Prior to the closing of the Director, Office of Proceedings. transaction, Georgia-Pacific South will assign its Surface Transportation Board right to acquire the assets of the Moscow, Camden Vernon A. Williams, & San Augustine Railroad to MCSA, which is [STB Finance Docket No. 34956] Secretary. expected to be formed as a Delaware limited [FR Doc. E7–2569 Filed 2–15–07; 8:45 am] liability company and to acquire and operate those assets. Nittany and Bald Eagle Railroad BILLING CODE 4915–01–P 3 See Old Augusta Railroad, LLC—Acquisition Company—Temporary Trackage and Operation Exemption—Assets of Old Augusta Rights Exemption-Norfolk Southern 1 A redacted version of the trackage rights Railroad Company, STB Finance Docket No. 34493 Railway Company agreement between N& BE and NSR was filed with (STB served Apr. 21, 2004); and Koch Forest the notice of exemption. The full version of the Products, Inc. and Koch Industries, Inc.— Norfolk Southern Railway Company agreement, as required by 49 CFR 1180.6(a)(7)(ii), Acquisition of Control Exemption—Gloster was concurrently filed under seal along with a Southern Railroad Company and Blue Rapids (NSR) has agreed to grant non-exclusive, motion for protective order. The request for a Railway Company, STB Finance Docket No. 34784 temporary overhead trackage rights to protective order is being addressed in a separate (STB served Dec. 28, 2005). Nittany and Bald Eagle Railroad decision.

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DEPARTMENT OF TRANSPORTATION it as a Class III rail carrier and will not Mutual Savings Bank, White Plains, exceed $5 million. New York, to convert to the stock form Surface Transportation Board The earliest this transaction may be of organization. Copies of the consummated is the March 2, 2007 application are available for inspection [STB Finance Docket No. 34990] effective date of the exemption (30 days by appointment (phone number: 202– Moscow Camden and San Augustine after the exemption was filed). 906–5922 or e-mail:) at the Public If the verified notice contains false or Railroad LLC—Acquisition and Reading Room, 1700 G Street, NW., misleading information, the exemption Operation Exemption—Assets of Washington, DC 20552, and the OTS is void ab initio. Petitions to revoke the Moscow, Camden & San Augustine Northeast Regional Office, Harborside exemption under 49 U.S.C. 10502(d) Railroad Financial Center Plaza Five, Suite 1600, may be filed at any time. The filing of Jersey City, New Jersey 07311. a petition to revoke will not Moscow Camden and San Augustine Dated: February 13, 2007. Railroad LLC (MCSA), a noncarrier, has automatically stay the transaction. By the Office of Thrift Supervision. filed a notice of exemption under 49 Petitions for stay must be filed no later CFR 1150.31 to acquire and operate the than February 23, 2007 (at least 7 days Sandra E. Evans, assets of a Class III rail carrier, Moscow, before the exemption becomes Legal Information Assistant. Camden & San Augustine Railroad, effective). [FR Doc. 07–737 Filed 2–15–07; 8:45 am] including a 6.9-mile line which runs An original and 10 copies of all BILLING CODE 6720–01–M between an International Paper pleadings, referring to STB Finance Company (International Paper) Docket No. 34990, must be filed with integrated plywood plant and lumber the Surface Transportation Board, 1925 DEPARTMENT OF THE TREASURY K Street, NW., Washington, DC 20423– mill complex at Camden, TX, and a Office of Thrift Supervision Union Pacific Railroad Company line at 0001. In addition, a copy of each Moscow, TX. pleading must be served on David H. MCSA states that, as part of a Coburn, 1330 Connecticut Ave., NW., [AC–09: OTS Nos. 01254 and H–4365] December 21, 2006 agreement, Georgia- Washington, DC 20036. Board decisions ESSA Bancorp, Inc., Stroudsburg, PA; Pacific Wood Products South LLC and notices are available on our Web Approval of Conversion Application (Georgia-Pacific South), a subsidiary of site at http://www.stb.dot.gov. Georgia-Pacific Corporation (now Decided: February 6, 2007. Notice is hereby given that on Georgia-Pacific LLC) (Georgia-Pacific), By the Board, David M. Konschnik, February 12, 2007, the Assistant has agreed to purchase International Director, Office of Proceedings. Managing Director, Examinations and Paper’s Camden complex, including the Vernon A. Williams, Supervision—Operations, Office of assets of Moscow, Camden & San Secretary. Thrift Supervision, or her designee, Augustine Railroad. Prior to the closing [FR Doc. E7–2434 Filed 2–15–07; 8:45 am] acting pursuant to delegated authority, of the transaction, Georgia-Pacific South BILLING CODE 4915–01–P approved the application of ESSA Bank will assign its right to acquire the assets & Trust, Stroudsburg, Pennsylvania, to that constitute the rail line to MCSA, convert to the stock form of which is currently expected to be DEPARTMENT OF THE TREASURY organization. Copies of the application formed as a Delaware limited liability are available for inspection by company and will acquire the railroad- Office of Thrift Supervision appointment (phone number: 202–906– related assets at closing. 5922 or e-mail:) at the Public Reading [AC–08: OTS Nos. 18040 and H–4364] This transaction is related to STB Room, 1700 G Street, NW., Washington, Finance Docket No. 34991, Koch CMS Bancorp, Inc., White Plains, New DC 20552, and the OTS Northeast Industries, Inc.—Continuance in Control York; Approval of Conversion Regional Office, Harborside Financial Exemption—Moscow Camden and San Application Center Plaza Five, Suite 1600 Jersey Augustine Railroad LLC, wherein Koch City, New Jersey 07311. Industries, Inc., the ultimate parent of Notice is hereby given that on Dated: February 13, 2007. Georgia-Pacific, seeks to continue in February 12, 2007, the Assistant control of MCSA upon its becoming a Managing Director, Examinations and By the Office of Thrift Supervision. Class III rail carrier. Supervision—Operations, Office of Sandra E. Evans, MCSA certifies that its projected Thrift Supervision, or her designee, Legal Information Assistant. revenues as a result of this transaction acting pursuant to delegated authority, [FR Doc. 07–738 Filed 2–15–07; 8:45 am] will not exceed those that would qualify approved the application of Community BILLING CODE 6720–01–M

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Part II

Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice

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DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use Office of Counsel CECC–R, 441 G Street, URBAN DEVELOPMENT only’’ recipients of the property will be NW., Washington, DC 20314–1000; required to relocate the building to their (202) 761–0019; Navy: Mr. Warren [Docket No. FR–5125–N–07] own site at their own expense. Meekins, Associate Director, Federal Property Suitable as Facilities Homeless assistance providers Department of the Navy, Real Estate To Assist the Homeless interested in any such property should Services, Naval Facilities Engineering send a written expression of interest to Command, Washington Navy Yard, AGENCY: Office of the Assistant HHS, addressed to John Hicks, Division 1322 Patterson Ave., SE., Suite 1000, Secretary for Community Planning and of Property Management, Program Washington, DC 20374–5065; (202) 685– Development, HUD. Support Center, HHS, room 5B–17, 5600 9305; (These are not toll-free numbers). ACTION: Notice. Fishers Lane, Rockville, MD 20857; (301) 443–2265. (This is not a toll-free Mark R. Johnston, SUMMARY: This Notice identifies number.) HHS will mail to the Deputy Assistant Secretary for Special Needs. unutilized, underutilized, excess, and interested provider an application TITLE V, Federal Surplus Property surplus Federal property reviewed by packet, which will include instructions Program HUD for suitability for possible use to for completing the application. In order assist the homeless. to maximize the opportunity to utilize a Federal Register Report for 02/16/2007 FOR FURTHER INFORMATION CONTACT: suitable property, providers should Suitable/Available Properties submit their written expressions of Kathy Ezzell, Room 7266, Department of Building Housing and Urban Development, 451 interest as soon as possible. For Hawaii Seventh Street, SW., Washington, DC complete details concerning the 20410; telephone (202) 708–1234; TTY processing of applications, the reader is Bldg. 849 Bellows AFS number for the hearing- and speech- encouraged to refer to the interim rule governing this program, 24 CFR part Bellows AFS HI impaired (202) 708–2565 (these Landholding Agency: Air Force telephone numbers are not toll-free), or 581. Property Number: 18200330008 call the toll-free Title V information line For properties listed as suitable/to be Status: Unutilized at 1–800–927–7588. excess, that property may, if Comments: 462 sq. ft., concrete storage subsequently accepted as excess by facility, off-site use only SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the Kentucky accordance with 24 CFR part 581 and homeless in accordance with applicable section 501 of the Stewart B. McKinney law, subject to screening for other Green River Lock #3 Homeless Assistance Act (42 U.S.C. Rochester Co: Butler KY 42273 Federal use. At the appropriate time, Landholding Agency: COE 11411), as amended, HUD is publishing HUD will publish the property in a this Notice to identify Federal buildings Property Number: 31199010022 Notice showing it as either suitable/ Status: Unutilized and other real property that HUD has available or suitable/unavailable. Directions: SR 70 west from Morgantown, reviewed for suitability for use to assist For properties listed as suitable/ KY, approximately 7 miles to site the homeless. The properties were unavailable, the landholding agency has Comments: 980 sq. ft.; 2 story wood frame; reviewed using information provided to decided that the property cannot be two story residence; potential utilities; HUD by Federal landholding agencies declared excess or made available for needs major rehab regarding unutilized and underutilized use to assist the homeless, and the Missouri buildings and real property controlled property will not be available. Bldgs. 90A/B, 91A/B, 92A/B by such agencies or by GSA regarding Properties listed as unsuitable will Jefferson Barracks Housing its inventory of excess or surplus not be made available for any other St. Louis MO 63125 Federal property. This Notice is also purpose for 20 days from the date of this Landholding Agency: Air Force published in order to comply with the Notice. Homeless assistance providers Property Number: 18200220002 December 12, 1988 Court Order in Status: Excess interested in a review by HUD of the Comments: 6450 sq. ft., needs repair, National Coalition for the Homeless v. determination of unsuitability should includes 2 acres Veterans Administration, No. 88–2503– call the toll free information line at 1– OG (D.D.C.). 800–927–7588 for detailed instructions Suitable/Available Properties Properties reviewed are listed in this or write a letter to Mark Johnston at the Building Notice according to the following address listed at the beginning of this Montana categories: Suitable/available, suitable/ Notice. Included in the request for unavailable, suitable/to be excess, and Bldg. 1 review should be the property address Butte Natl Guard unsuitable. The properties listed in the (including zip code), the date of Butte Co: Silverbow MT 59701 three suitable categories have been publication in the Federal Register, the Landholding Agency: COE reviewed by the landholding agencies, landholding agency, and the property Property Number: 31200040010 and each agency has transmitted to number. Status: Unutilized HUD: (1) Its intention to make the For more information regarding Comments: 22799 sq. ft., presence of property available for use to assist the particular properties identified in this asbestos, most recent use—cold storage, homeless, (2) its intention to declare the Notice (i.e., acreage, floor plan, existing off-site use only property excess to the agency’s needs, or sanitary facilities, exact street address), Bldg. 2 (3) a statement of the reasons that the providers should contact the Butte Natl Guard property cannot be declared excess or appropriate landholding agencies at the Butte Co: Silverbow MT 59701 Landholding Agency: COE made available for use as facilities to following addresses: Air Force: Ms. Property Number: 31200040011 assist the homeless. Kathryn Halvorson, Director, Air Force Status: Unutilized Properties listed as suitable/available Real Property Agency, 1700 North Comments: 3292 sq. ft., most recent use— will be available exclusively for Moore St., Suite 2300, Arlington, VA cold storage, off-site use only homeless use for a period of 60 days 22209–2802; (703) 696–5502; COE: Ms. Bldg. 3 from the date of this Notice. Where Tracy Beck, Army Corps of Engineers, Butte Natl Guard

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Butte Co: Silverbow MT 59701 Status: Unutilized Govt Dwelling Landholding Agency: COE Directions: Located at lock site, downstream East Branch Lake Property Number: 31200040012 of lock and dam structure Wilcox Co: Elk PA 15870–9709 Status: Unutilized Comments: 1600 sq. ft. bldg. with 1/2 acre of Landholding Agency: COE Comments: 964 sq. ft., most recent use—cold land, 2 story brick frame, needs rehab, on Property Number: 31199740005 storage, off-site use only Natl Register of Historic Places, no utilities, Status: Underutilized Bldg. 4 off-site use only Comments: approx. 5299 sq. ft., 1-story, most Butte Natl Guard Structure recent use—residence, off-site use only Butte Co: Silverbow MT 59701 21897 Deer Creek Road Dwelling #1 Landholding Agency: COE Mt. Sterling Co: Pickaway OH 43143 Loyalhanna Lake Property Number: 31200040013 Landholding Agency: COE Saltsburg Co: Westmoreland PA 15681–9302 Status: Unutilized Property Number: 31200540009 Landholding Agency: COE Comments: 72 sq. ft., most recent use—cold Status: Unutilized Property Number: 31199740006 storage, off-site use only Comments: 1321 sq. ft., brick, off-site use Status: Excess only Comments: 1996 sq. ft., most recent use— Suitable/Available Properties residential, good condition, off-site use Suitable/Available Properties Building only Building Montana Suitable/Available Properties Pennsylvania Bldg. 5 Building Butte Natl Guard Mahoning Creek Reservoir Pennsylvania Butte Co: Silverbow MT 59701 New Bethlehem Co: Armstrong PA 16242 Landholding Agency: COE Landholding Agency: COE Dwelling #2 Property Number: 31200040014 Property Number: 31199210008 Loyalhanna Lake Status: Unutilized Status: Unutilized Saltsburg Co: Westmoreland PA 15681–9302 Comments: 1286 sq. ft., most recent use— Comments: 1015 sq. ft., 2 story brick Landholding Agency: COE cold storage, off-site use only residence, off-site use only Property Number: 31199740007 Dwelling Status: Excess New York Lock 6, Allegheny River, 1260 River Rd. Comments: 1996 sq. ft., most recent use— Bldg. 240 Freeport Co: Armstrong PA 16229–2023 residential, good condition, off-site use Rome Lab Landholding Agency: COE only Rome Co: Oneida NY 13441 Property Number: 31199620008 Dwelling #1 Landholding Agency: Air Force Status: Unutilized Woodcock Creek Lake Property Number: 18200340023 Comments: 2652 sq. ft., 3-story brick house, Saegertown Co: Crawford PA 16433–0629 Status: Unutilized in close proximity to Lock and Dam, Landholding Agency: COE Comments: 39108 sq. ft., presence of available for interim use for nonresidential Property Number: 31199740008 asbestos, most recent use—Electronic purposes Status: Excess Research Lab Govt. Dwelling Comments: 2106 sq. ft., most recent use— Bldg. 247 Youghiogheny River Lake residential, good condition, off-site use Rome Lab Confluence Co: Fayette PA 15424–9103 only Rome Co: Oneida NY 13441 Landholding Agency: COE Dwelling #2 Landholding Agency: Air Force Property Number: 31199640002 Lock 6, 1260 River Road Property Number: 18200340024 Status: Unutilized Freeport Co: Armstrong PA 16229–2023 Status: Unutilized Comments: 1421 sq. ft., 2-story brick w/ Landholding Agency: COE Comments: 13199 sq. ft., presence of basement, most recent use—residential Property Number: 31199740009 asbestos, most recent use—Electronic Dwelling Status: Excess Research Lab Lock 4, Allegheny River Comments: 2652 sq. ft., most recent use— Bldg. 248 Natrona Co: Allegheny PA 15065–2609 residential, good condition, off-site use Rome Lab Landholding Agency: COE only Rome Co: Oneida NY 13441 Property Number: 31199710009 Dwelling #2 Landholding Agency: Air Force Status: Unutilized Youghiogheny River Lake Property Number: 18200340025 Comments: 1664 sq. ft., 2-story brick Confluence Co: Fayette PA 15424–9103 Status: Unutilized residence, needs repair, off-site use only Landholding Agency: COE Comments: 4000 sq. ft., presence of asbestos, Suitable/Available Properties Property Number: 31199830003 most recent use—Electronic Research Lab Status: Excess Building Comments: 1421 sq. ft., 2-story + basement, Suitable/Available Properties Pennsylvania most recent use—residential Building Dwelling #1 Suitable/Available Properties New York Crooked Creek Lake Building Bldg. 302 Ford City Co: Armstrong PA 16226–8815 Rome Lab Landholding Agency: COE Pennsylvania Rome Co: Oneida NY 13441 Property Number: 31199740002 Residence A Landholding Agency: Air Force Status: Excess 2045 Pohopoco Drive Property Number: 18200340026 Comments: 2030 sq. ft., most recent use— Lehighton Co: Carbon PA 18235 residential, good condition, off-site use Status: Unutilized Landholding Agency: COE only Comments: 10288 sq. ft., presence of Property Number: 31200410007 asbestos, most recent use— Dwelling #2 Status: Unutilized communications facility Crooked Creek Lake Comments: 1200 sq. ft., presence of asbestos, Ford City Co: Armstrong PA 16226–8815 off-site use only Ohio Landholding Agency: COE Barker Historic House Property Number: 31199740003 South Carolina Willow Island Locks and Dam Status: Excess 4 Bldgs. Newport Co: Washington OH 45768–9801 Comments: 3045 sq. ft., most recent use— Charleston AFB Landholding Agency: COE residential, good condition, off-site use N. Charleston SC 29404 Property Number: 31199120018 only Landholding Agency: Air Force

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Property Number: 18200430025 Land Comments: 8.24 acres; steep and wooded Status: Excess Kentucky Directions: 2314A/B, 2327A/B, 2339A/B, Suitable/Available Properties Tract 2625 2397A/B Land Comments: 2722 sq. ft., presence of asbestos/ Barkley Lake, Kentucky, and Tennessee Kentucky lead paint, most recent use—residential, Cadiz Co: Trigg KY 42211 off-site use only Landholding Agency: COE Tract 4502 Property Number: 31199010025 Barkley Lake, Kentucky and Tennessee 4 Bldgs. Status: Excess Charleston AFB Canton Co: Trigg KY 42212 Directions: Adjoining the village of Landholding Agency: COE N. Charleston SC 29404 Rockcastle Landholding Agency: Air Force Property Number: 31199010033 Comments: 2.57 acres; rolling and wooded Status: Excess Property Number: 18200430027 1 Status: Excess Suitable/Available Properties Directions: 3 ⁄2 miles in a southerly direction from Canton, KY Directions: 2315A/B, 2323A/B, 2330A/B, Land 2387A/B Comments: 4.26 acres; steep and wooded Comments: 2756 sq. ft., presence of asbestos/ Kentucky Tract 4611 lead paint, most recent use—residential, Tract 2709–10 and 2710–2 Barkley Lake, Kentucky and Tennessee off-site use only Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212 Cadiz Co: Trigg KY 42211 Landholding Agency: COE Suitable/Available Properties Landholding Agency: COE Property Number: 31199010034 Building Property Number: 31199010026 Status: Excess Directions: 5 miles south of Canton, KY South Carolina Status: Excess Directions: 21⁄2 miles in a southerly direction Comments: 10.51 acres; steep and wooded; 3 Bldgs. from the village of Rockcastle no utilities Charleston AFB Comments: 2.00 acres; steep and wooded Tract 4619 N. Charleston SC 29404 Barkley Lake, Kentucky and Tennessee Landholding Agency: Air Force Tract 2708–1 and 2709–1 Canton Co: Trigg KY 42212 Property Number: 18200430028 Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Status: Excess Cadiz Co: Trigg KY 42211 Property Number: 31199010035 Directions: 2321A/B, 2326A/B, 2336A/B Landholding Agency: COE Status: Excess Comments: 2766 sq. ft., presence of asbestos/ Property Number: 31199010027 Directions: 41⁄2 miles south from Canton, KY lead paint, most recent use—residential, Status: Excess Comments: 2.02 acres; steep and wooded; no off-site use only Directions: 21⁄2 miles in a southerly direction utilities Bldg. 2331A/B from the village of Rockcastle Suitable/Available Properties Charleston AFB Comments: 3.59 acres; rolling and wooded; N. Charleston SC 29494 no utilities Land Landholding Agency: Air Force Tract 2800 Kentucky Property Number: 18200430029 Barkley Lake, Kentucky and Tennessee Status: Excess Cadiz Co: Trigg KY 42211 Tract 4817 Comments: 2803 sq. ft., presence of asbestos/ Landholding Agency: COE Barkley Lake, Kentucky and Tennessee lead paint, most recent use—residential, Property Number: 31199010028 Canton Co: Trigg KY 42212 off-site use only Status: Excess Landholding Agency: COE 1 Property Number: 31199010036 Bldg. 2341A/B Directions: 4 ⁄2 miles in a southeasterly direction from the village of Rockcastle Status: Excess Charleston AFB 1 Comments: 5.44 acres; steep and wooded Directions: 6 ⁄2 miles south of Canton, KY N. Charleston SC 29404 Comments: 1.75 acres; wooded Landholding Agency: Air Force Suitable/Available Properties Property Number: 18200430030 Tract 1217 Status: Excess Land Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030 Comments: 2715 sq. ft., presence of asbestos/ Kentucky lead paint, most recent use—residential, Landholding Agency: COE Tract 2915 off-site use only Property Number: 31199010042 Barkley Lake, Kentucky and Tennessee Status: Excess Suitable/Available Properties Cadiz Co: Trigg KY 42211 Directions: On the north side of the Illinois Landholding Agency: COE Central Railroad Building Property Number: 31199010029 Comments: 5.80 acres; steep and wooded South Carolina Status: Excess Tract 1906 Directions: 61⁄2 miles west of Cadiz 4 Bldgs. Barkley Lake, Kentucky and Tennessee Comments: 5.76 acres; steep and wooded; no Charleston AFB Eddyville Co: Lyon KY 42030 utilities N. Charleston SC 29404 Landholding Agency: COE Landholding Agency: Air Force Tract 2702 Property Number: 31199010044 Property Number: 18200430048 Barkley Lake, Kentucky and Tennessee Status: Excess Status: Excess Cadiz Co: Trigg KY 42211 Directions: Approximately 4 miles east of Directions: 1846A/B, 1853A/B, 1862A/B, Landholding Agency: COE Eddyville, KY 2203A/B Property Number: 31199010031 Comments: 25.86 acres; rolling steep and Comments: 2363 sq. ft., presence of asbestos/ Status: Excess partially wooded; no utilities lead paint, most recent use—residential, Directions: 1 mile in a southerly direction off-site use only from the village of Rockcastle Suitable/Available Properties Comments: 4.90 acres; wooded; no utilities Bldg. 1828A/B Land Charleston AFB Tract 4318 N. Charleston SC 29404 Barkley Lake, Kentucky and Tennessee Kentucky Landholding Agency: Air Force Canton Co: Trigg KY 42212 Tract 1907 Property Number: 18200430052 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Status: Excess Property Number: 31199010032 Eddyville Co: Lyon KY 42038 Comments: 2330 sq. ft., presence of asbestos/ Status: Excess Landholding Agency: COE lead paint, most recent use—residential, Directions: Trigg Co. adjoining the city of Property Number: 31199010045 off-site use only Canton, KY on the waters of Hopson Creek Status: Excess

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Directions: On the waters of Pilfen Creek, 4 Grand Rivers Co: Lyon KY 42045 Tract 4628 miles east of Eddyville, KY Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Comments: 8.71 acres; rolling steep and Property Number: 31199010052 Canton Co: Trigg KY 42212 wooded; no utilities Status: Excess Landholding Agency: COE Tract 2001 #1 Directions: South of the Illinois Central Property Number: 31199011621 Barkley Lake, Kentucky and Tennessee Railroad, 1 mile east of the Cumberland Status: Excess 1 Eddyville Co: Lyon KY 42030 River Directions: 4 ⁄2 miles south from Canton, KY Landholding Agency: COE Comments: 5.5 acres; wooded; no utilities Comments: 3.71 acres; steep and wooded; Property Number: 31199010046 Tract 215 subject to utility easements Status: Excess Barkley Lake, Kentucky and Tennessee Suitable/Available Properties Directions: Approximately 41⁄2 miles east of Grand Rivers Co: Lyon KY 42045 Eddyville, KY Landholding Agency: COE Land Comments: 47.42 acres; steep and wooded; Property Number: 31199010053 Kentucky no utilities Status: Excess Tract 4619–B Tract 2001 #2 Directions: 5 miles southwest of Kuttawa Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Comments: 1.40 acres; wooded; no utilities Canton Co: Trigg KY 42212 Eddyville Co: Lyon KY 42030 Landholding Agency: COE Landholding Agency: COE Suitable/Available Properties Property Number: 31199011622 Property Number: 31199010047 Land Status: Excess Status: Excess Directions: 41⁄2 miles south from Canton, KY Directions: Approximately 41⁄2 miles east of Kentucky Comments: 1.73 acres; steep and wooded; Eddyville, KY Tract 241 subject to utility easements Comments: 8.64 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Tract 2403–B utilities Grand Rivers Co: Lyon KY 42045 Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Suitable/Available Properties Eddyville Co: Lyon KY 42038 Property Number: 31199010054 Landholding Agency: COE Land Status: Excess Property Number: 31199011623 Directions: Old Henson Ferry Road, 6 miles Kentucky Status: Unutilized west of Kuttawa, KY Directions: 7 miles southeasterly from Tract 2005 Comments: 1.26 acres; steep and wooded; no Eddyville, KY Barkley Lake, Kentucky and Tennessee utilities Eddyville Co: Lyon KY 42030 Comments: 0.70 acres, wooded; subject to Landholding Agency: COE Tracts 306, 311, 315 and 325 utility easements Property Number: 31199010048 Barkley Lake, Kentucky and Tennessee Tract 241–B Status: Excess Grand Rivers Co: Lyon KY 42045 Barkley Lake, Kentucky and Tennessee 1 Landholding Agency: COE Directions: Approximately 5 ⁄2 miles east of Grand Rivers Co: Lyon KY 42045 Eddyville, KY Property Number: 31199010055 Landholding Agency: COE Comments: 4.62 acres; steep and wooded; no Status: Excess Property Number: 31199011624 utilities Directions: 2.5 miles southwest of Kuttawa, Status: Excess KY on the waters of Cypress Creek Tract 2307 Directions: South of Old Henson Ferry Road, Comments: 38.77 acres; steep and wooded; Barkley Lake, Kentucky and Tennessee 6 miles west of Kuttawa, KY no utilities Eddyville Co: Lyon KY 42030 Comments: 11.16 acres; steep and wooded; Landholding Agency: COE Tracts 2305, 2306, and 2400–1 subject to utility easements Property Number: 31199010049 Barkley Lake, Kentucky and Tennessee Status: Excess Eddyville Co: Lyon KY 42030 Suitable/Available Properties Directions: Approximately 71⁄2 miles Landholding Agency: COE Land southeasterly of Eddyville, KY Property Number: 31199010056 Comments: 11.43 acres; steep; rolling and Status: Excess Kentucky wooded; no utilities Directions: 61⁄2 miles southeasterly of Tracts 212 and 237 Tract 2403 Eddyville, KY Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Comments: 97.66 acres; steep rolling and Grand Rivers Co: Lyon KY 42045 Eddyville Co: Lyon KY 42030 wooded; no utilities Landholding Agency: COE Landholding Agency: COE Property Number: 31199011625 Suitable/Available Properties Property Number: 31199010050 Status: Excess Status: Excess Land Directions: Old Henson Ferry Road, 6 miles west of Kuttawa, KY Directions: 7 miles southeasterly of Kentucky Eddyville, KY Comments: 2.44 acres; steep and wooded; Comments: 1.56 acres; steep and wooded; no Tracts 5203 and 5204 subject to utility easements utilities Barkley Lake, Kentucky and Tennessee Tract 215–B Linton Co: Trigg KY 42212 Barkley Lake, Kentucky and Tennessee Suitable/Available Properties Landholding Agency: COE Grand Rivers Co: Lyon KY 42045 Land Property Number: 31199010058 Landholding Agency: COE Status: Excess Property Number: 31199011626 Kentucky Directions: Village of Linton, KY state Status: Excess Tract 2504 highway 1254 Directions: 5 miles southwest of Kuttawa Barkley Lake, Kentucky and Tennessee Comments: 0.93 acres; rolling, partially Comments: 1.00 acres; wooded; subject to Eddyville Co: Lyon KY 42030 wooded; no utilities utility easements Landholding Agency: COE Tract 5240 Tract 233 Property Number: 31199010051 Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Status: Excess Linton Co: Trigg KY 42212 Grand Rivers Co: Lyon KY 42045 Directions: 9 miles southeasterly of Landholding Agency: COE Landholding Agency: COE Eddyville, KY Property Number: 31199010059 Property Number: 31199011627 Comments: 24.46 acres; steep and wooded; Status: Excess Status: Excess no utilities Directions: 1 mile northwest of Linton, KY Directions: 5 miles southwest of Kuttawa Tract 214 Comments: 2.26 acres; steep and wooded; no Comments: 1.00 acres; wooded; subject to Barkley Lake, Kentucky and Tennessee utilities utility easements

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Suitable/Available Properties Landholding Agency: COE Landholding Agency: COE Property Number: 31199011011 Property Number: 31199010932 Land Status: Unutilized Status: Excess Kentucky Directions: Left bank—55 miles downstream Directions: Across Fall Creek near Fall Creek Tract N–819 of dam camping area Dale Hollow Lake Project Comments: 7.59 acres; potential for utilities Comments: 14.85 acres; subject to existing Illwill Creek, Hwy 90 Portion of Tract L–21A easements Hobart Co: Clinton KY 42601 Crooked Creek Lake, LR 03051 Tracts 2601,2602,2603,2604 Landholding Agency: COE Ford City Co: Armstrong PA 16226 Cordell Hull Lake and Dam Project Property Number: 31199140009 Landholding Agency: COE Doe Row Creek Status: Underutilized Property Number: 31199430012 Gainesboro Co: Jackson TN 38562 Comments: 91 acres, most recent use— Status: Unutilized Landholding Agency: COE hunting, subject to existing easements Comments: Approximately 1.72 acres of Property Number: 31199010933 undeveloped land, subject to gas rights Status: Unutilized Missouri Tennessee Directions: TN Highway 56 Communications Site Comments: 11 acres; subject to existing County Road 424 Tract 6827 easements Barkley Lake Dexter Co: Stoddard MO Suitable/Available Properties Landholding Agency: Air Force Dover Co: Stewart TN 37058 Property Number: 18200710001 Landholding Agency: COE Land Property Number: 31199010927 Status: Unutilized Tennessee Comments: 10.63 acres Status: Excess 1 Harry S Truman Dam Directions: 2 ⁄2 miles west of Dover, TN Tract 1911 Warsaw Co: Benton MO 65355 Comments: .57 acres; subject to existing J. Percy Priest Dam and Reservoir Landholding Agency: COE easements Murfreesboro Co: Rutherford TN 37130 Landholding Agency: COE Property Number: 31199030014 Suitable/Available Properties Status: Underutilized Property Number: 31199010934 Directions: Triangular shaped parcel Land Status: Excess Directions: East of Lamar Road southwest of access road ‘‘B’’, part of Tennessee Bledsoe Ferry Park Comments: 6.92 acres; subject to existing Tracts 6002–2 and 6010 Tract 150 easements Barkley Lake Comments: 1.7 acres; potential utilities Tract 7206 Dover Co: Stewart TN 37058 Barkley Lake Suitable/Available Properties Landholding Agency: COE Dover Co: Stewart TN 37058 Property Number: 31199010928 Land Landholding Agency: COE Status: Excess Property Number: 31199010936 1 Oklahoma Directions: 3 ⁄2 miles south of village of Status: Excess Pine Creek Lake Tabaccoport Directions: 21⁄2 miles SE of Dover, TN Section 27 Comments: 100.86 acres; subject to existing Comments: 10.15 acres; subject to existing (See County) Co: McCurtain OK easements easements Landholding Agency: COE Tract 1 Tracts 8813, 8814 Property Number: 31199010923 Barkley Lake Barkley Lake Status: Unutilized Ashland City Co: Dickson TN 37015 Cumberland Co: Stewart TN 37050 Comments: 3 acres; no utilities; subject to Landholding Agency: COE Landholding Agency: COE right of way for Oklahoma State Highway Property Number: 31199010929 Property Number: 31199010937 3 Status: Excess Status: Excess 1 Pennsylvania Directions: ⁄2 mile downstream from Directions: 11⁄2 miles East of Cumberland Cheatham Dam Mahoning Creek Lake City Comments: 26.25 acres; subject to existing New Bethlehem Co: Armstrong PA 16242– Comments: 96 acres; subject to existing easements 9603 easements Tract 2319 Landholding Agency: COE Suitable/Available Properties Property Number: 31199010018 J. Percy Priest Dam and Resorvoir Status: Excess Murfreesboro Co: Rutherford TN 37130 Land Directions: Route 28 north to Belknap, Road Landholding Agency: COE Tennessee Property Number: 31199010930 #4 Tract 8911 Comments: 2.58 acres; steep and densely Status: Excess Directions: West of Buckeye Bottom Road Barkley Lake wooded Cumberland City Co: Montgomery TN 37050 Tracts 610, 611, 612 Comments: 14.48 acres; subject to existing easements Landholding Agency: COE Shenango River Lake Property Number: 31199010938 Sharpsville Co: Mercer PA 16150 Suitable/Available Properties Status: Excess Landholding Agency: COE Directions: 4 miles east of Cumberland City Land Property Number: 31199011001 Comments: 7.7 acres; subject to existing Status: Excess Tennessee easements Directions: I–79 North, I–80 West, Exit Tract 2227 Tract 11503 Sharon. R18 North 4 miles, left on R518, J. Percy Priest Dam and Resorvoir Barkley Lake right on Mercer Avenue Murfreesboro Co: Rutherford TN 37130 Ashland City Co: Cheatham TN 37015 Comments: 24.09 acres; subject to flowage Landholding Agency: COE Landholding Agency: COE easement Property Number: 31199010931 Property Number: 31199010939 Suitable/Available Properties Status: Excess Status: Excess Directions: Old Jefferson Pike Directions: 2 miles downstream from Land Comments: 2.27 acres; subject to existing Cheatham Dam Pennsylvania easements Comments: 1.1 acres; subject to existing Tracts L24, L26 Tract 2107 easements Crooked Creek Lake Null Co: Armstrong PA J. Percy Priest Dam and Reservoir Tracts 11523, 11524 03051 Murfreesboro Co: Rutherford TN 37130 Barkley Lake

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Ashland City Co: Cheatham TN 37015 Swann Ridge, State Hwy No. 53 Landholding Agency: COE Landholding Agency: COE Celina Co: Clay TN 38551 Property Number: 31199010005 Property Number: 31199010940 Landholding Agency: COE Status: Unutilized Status: Excess Property Number: 31199140007 Directions: Ohio River Locks and Dam No. 53 Directions: 21⁄2 miles downstream from Status: Underutilized at Grand Chain Cheatham Dam Comments: 883 acres, most recent use— Comments: 900 sq. ft.; one floor wood frame Comments: hunting, subject to existing easements 19.5 acres; subject to existing easements Suitable/Unavailable Properties Suitable/Available Properties Building Suitable/Available Properties Land Illinois Land Tennessee Bldg. 2 Tennessee Tract D–185 Ohio River Locks No. 53 Tract 6410 Dale Hollow Lake Project Ashburn Creek, Grand Chain Co: Pulaski IL 62941–9801 Barkley Lake Hwy No. 53 Landholding Agency: COE Bumpus Mills Co: Stewart TN 37028 Livingston Co: Clay TN 38570 Property Number: 31199010006 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 31199010941 Property Number: 31199140010 Directions: Ohio River Locks and Dam No. 53 Status: Excess Status: Underutilized at Grand Chain Directions: 41⁄2 miles SW. of Bumpus Mills Comments: 97 acres, most recent use— Comments: 900 sq. ft.; one floor wood frame; Comments: 17 acres; subject to existing hunting, subject to existing easements most recent use—residence easements Summary for Suitable/Available Properties = Bldg. 1 Total number of Properties 110 Tract 9707 Ohio River Locks No. 53 Barkley Lake Suitable/Unavailable Properties Grand Chain Co: Pulaski IL 62941–9801 Palmyer Co: Montgomery TN 37142 Landholding Agency: COE Building Landholding Agency: COE Property Number: 31199010007 Property Number: 31199010943 Illinois Status: Unutilized Status: Excess Bldg. 7 Directions: Ohio River Locks and Dam No. 53 Directions: 3 miles NE of Palmyer, TN. Ohio River Locks No. 53 at Grand Chain Highway 149 Grand Chain Co: Pulaski IL 62941–9801 Comments: 900 sq. ft.; one floor wood frame; Comments: 6.6 acres; subject to existing Landholding Agency: COE most recent use—residence easements Property Number: 31199010001 Ohio Tract 6949 Status: Unutilized Bldg.—Berlin Lake 7400 Bedell Road Barkley Lake Directions: Ohio River Locks and Dam No. 53 Berlin Center Co: Mahoning OH 44401–9797 Dover Co: Stewart TN 37058 at Grand Chain Landholding Agency: COE Landholding Agency: COE Comments: 900 sq. ft.; 1 floor wood frame; Property Number: 31199640001 Property Number: 31199010944 most recent use—residence Status: Unutilized Status: Excess Bldg. 6 Comments: 1420 sq. ft., 2-story brick w/ Directions: 11⁄2 miles SE of Dover, TN Ohio River Locks No. 53 garage and basement, most recent use— Comments: 29.67 acres; subject to existing Grand Chain Co: Pulaski IL 62941–9801 residential, secured w/alternate access easements Landholding Agency: COE Suitable/Unavailable Properties Suitable/Available Properties Property Number: 31199010002 Status: Unutilized Building Land Directions: Ohio River Locks and Dam No. 53 Pennsylvania Tennessee at Grand Chain Comments: 900 sq. ft.; one floor wood frame; Tract 403A Tracts 6005 and 6017 most recent use—residence Grays Landing Lock Project Barkley Lake Greensboro Co: Greene PA 15338 Dover Co: Stewart TN 37058 Suitable/Unavailable Properties Landholding Agency: COE Landholding Agency: COE Building Property Number: 31199430021 Property Number: 31199011173 Status: Unutilized Comments: 620 sq. ft., 2- Status: Excess Illinois story, needs repair, most recent use— Directions: 3 miles south of Village of Bldg. 5 residential, if used for habitation must be Tobaccoport Ohio River Locks No. 53 flood proofed or removed off-site Comments: 5 acres; subject to existing Grand Chain Co: Pulaski IL 62941–9801 Tract 403B easements Landholding Agency: COE Grays Landing Lock Project Tracts K–1191, K–1135 Property Number: 31199010003 Greensboro Co: Greene PA 15338 Old Hickory Lock and Dam Status: Unutilized Landholding Agency: COE Hartsville Co: Trousdale TN 37074 Directions: Ohio River Locks and Dam No. 53 Property Number: 31199430022 Landholding Agency: COE at Grand Chain Status: Unutilized Property Number: 31199130007 Comments: 900 sq. ft.; one floor wood frame; Comments: 1600 sq. ft., 2-story, brick Status: Underutilized most recent use—residence structure, needs repair, most recent use— Comments: 54 acres, (portion in floodway), Bldg. 4 residential, if used for habitation must be most recent use—recreation Ohio River Locks No. 53 flood proofed or removed off-site Tract A–102 Grand Chain Co: Pulaski IL 62941–9801 Tract 403C Dale Hollow Lake Project Landholding Agency: COE Grays Landing Lock Project Canoe Ridge, State Hwy 52 Property Number: 31199010004 Greensboro Co: Greene PA 15338 Celina Co: Clay TN 38551 Status: Unutilized Landholding Agency: COE Landholding Agency: COE Directions: Ohio River Locks and Dam No. 53 Property Number: 31199430023 Property Number: 31199140006 at Grand Chain Status: Unutilized Status: Underutilized Comments: 900 sq. ft.; one floor wood frame; Comments: 672 sq. ft., 2-story carriage house/ Comments: 351 acres, most recent use— most recent use—residence stable barn type structure, needs repair, hunting, subject to existing easements Bldg. 3 most recent use—storage/garage, if used for Tract A–120 Ohio River Locks No. 53 habitation must be flood proofed or Dale Hollow Lake Project Grand Chain Co: Pulaski IL 62941–9801 removed

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Suitable/Unavailable Properties Suitable/Unavailable Properties Suitable/To be Excessed Building Building Land Washington Washington Georgia 22 Bldgs./Geiger Heights 5 Bldgs./Geiger Heights Lake Sidney Lanier null Co: Forsyth GA Fairchild AFB Fairchild AFB 222, 224, 271, 295, 260 30130 Spokane WA 99224 Spokane WA 99224 Landholding Agency: COE Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 31199440010 Property Number: 18200420001 Property Number: 18200420009 Status: Unutilized Status: Unutilized Status: Unutilized Directions: Located on Two Mile Creek adj. to State Route 369 Comments: 1625 sq. ft., possible asbestos/ Comments: 3043 sq. ft., possible asbestos/ Comments: 0.25 acres, endangered plant lead paint, most recent use—residential lead paint, most recent use—residential species Bldg. 404/Geiger Heights 5 Bldgs./Geiger Heights Lake Sidney Lanier—3 parcels Fairchild AFB Fairchild AFB 102, 183, 118, 136, 113 Gainesville Co: Hall GA 30503 Spokane WA 99224 Spokane WA 99224 Landholding Agency: COE Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 31199440011 Property Number: 18200420002 Property Number: 18200420010 Status: Unutilized Status: Unutilized Status: Unutilized Directions: Between Gainesville H.S. and Comments: 1996 sq. ft., possible asbestos/ Comments: 2599 sq. ft., possible asbestos/ State Route 53 By-Pass lead paint, most recent use—residential lead paint, most recent use—residential Comments: 3 parcels totalling 5.17 acres, most recent use—buffer zone, endangered 11 Bldgs./Geiger Heights Land plant species Fairchild AFB Illinois Spokane WA 99224 Suitable/To be Excessed Landholding Agency: Air Force Lake Shelbyville Land Property Number: 18200420003 Shelbyville Co: Shelby IL 62565–9804 Status: Unutilized Landholding Agency: COE Kansas Comments: 2134 sq. ft., possible asbestos/ Property Number: 31199240004 Parcel #1 lead paint, most recent use—residential Status: Unutilized Fall River Lake Bldg. 297/Geiger Heights Comments: 5 parcels of land equalling 0.70 Section 26 null Co: Greenwood KS Fairchild AFB acres, improved w/4 small equipment Landholding Agency: COE storage bldgs. and a small access road, Spokane WA 99224 Property Number: 31199010065 easement restrictions Landholding Agency: Air Force Status: Unutilized Comments: 126.69 acres; most recent use— Property Number: 18200420004 Suitable/Unavailable Properties recreation and leased cottage sites Status: Unutilized Comments: 1425 sq. ft., possible asbestos/ Land Parcel No. 2, El Dorado Lake lead paint, most recent use—residential Pennsylvania Approx. 1 mi east of the town of El Dorado null Co: Butler KS Suitable/Unavailable Properties East Branch Clarion River Lake Landholding Agency: COE Wilcox Co: Elk PA Property Number: 31199210005 Building Landholding Agency: COE Status: Unutilized Washington Property Number: 31199011012 Comments: 11 acres, part of a relocated Status: Underutilized 9 Bldgs./Geiger Heights railroad bed, rural area Directions: Free camping area on the right Fairchild AFB Massachusetts bank off entrance roadway Spokane WA 99224 Comments: 1 acre; most recent use—free Buffumville Dam Landholding Agency: Air Force campground Flood Control Project Property Number: 18200420005 Gale Road Dashields Locks and Dam (Glenwillard, PA) Status: Unutilized Carlton Co: Worcester MA 01540–0155 Crescent Twp. Co: Allegheny PA 15046–0475 Comments: 1620 sq. ft., possible asbestos/ Landholding Agency: COE lead paint, most recent use—residential Landholding Agency: COE Property Number: 31199010016 Property Number: 31199210009 Status: Excess 22 Bldgs./Geiger Heights Status: Unutilized Fairchild AFB Spokane WA 99224 Directions: Portion of tracts B–200, B–248, B– Landholding Agency: Air Force Comments: 0.58 acres, most recent use— 251, B–204, B–247, B–200 and B–256 baseball field Property Number: 18200420006 Comments: 1.45 acres. Status: Unutilized South Dakota Suitable/To be Excessed Comments: 2850 sq. ft., possible asbestos/ Tract 133 Land lead paint, most recent use—residential Ellsworth AFB 51 Bldgs./Geiger Heights Box Elder Co: Pennington SD 57706 Tennessee Fairchild AFB Landholding Agency: Air Force Tract D–456 Spokane WA 99224 Property Number: 18200310004 Cheatham Lock and Dam Landholding Agency: Air Force Status: Unutilized Ashland Co: Cheatham TN 37015 Property Number: 18200420007 Comments: 53.23 acres Landholding Agency: COE Status: Unutilized Tract 67 Property Number: 31199010942 Comments: 2574 sq. ft., possible asbestos/ Ellsworth AFB Status: Excess lead paint, most recent use—residential Box Elder Co: Pennington SD 57706 Directions: Right downstream bank of Bldg. 402/Geiger Heights Landholding Agency: Air Force Sycamore Creek. Comments: 8.93 acres; subject to existing Fairchild AFB Property Number: 18200310005 easements. Spokane WA 99224 Status: Unutilized Landholding Agency: Air Force Comments: 121 acres, bentonite layer in soil, Texas Property Number: 18200420008 causes movement Corpus Christi Ship Channel Status: Unutilized Suitable / Unavailable Properties Summary Corpus Christi Co: Neuces TX Comments: 2451 sq. ft., possible asbestos/ for Suitable / Unavailable Properties = Landholding Agency: COE lead paint, most recent use—residential Total number of Properties 144 Property Number: 31199240001

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Status: Unutilized Mountain Home AR 72653 Reasons: Within airport runway clear zone Directions: East side of Carbon Plant Road, Landholding Agency: COE Bldg. SF–15 approx. 14 miles NW of downtown Corpus Property Number: 31200630003 Sub-Office Operations Christi Status: Unutilized Clewiston Co: Hendry FL 33440 Comments: 4.4 acres, most recent use—farm Reasons: Extensive deterioration Landholding Agency: COE land. NRFORK–48769 Property Number: 31200430003 Summary for Suitable/To be Excessed = Total Mountain Home Project Status: Unutilized number of Properties 7 Mountain Home AR 72653 Reasons: Secured Area, Extensive Landholding Agency: COE deterioration Unsuitable Properties Property Number: 31200630004 Bldg. SF–16 Building Status: Unutilized Sub-Office Operations Reasons: Extensive deterioration Alabama Clewiston Co: Hendry FL 33440 Bldgs. 43336, 44910, 44949 Landholding Agency: COE Comfort Station Nimrod-Blue Mountain Project Property Number: 31200430004 Clailborne Lake Plainview AR 72858 Status: Unutilized Camden AL 36726 Landholding Agency: COE Reasons: Secured Area Landholding Agency: COE Property Number: 31200630005 Property Number: 31200540001 Status: Unutilized Unsuitable Properties Status: Unutilized Reasons: Extensive deterioration Building Reasons: Extensive deterioration, Pumphouse, Dannelly Reservoir Bldgs. 44913, 44925 Florida Nimrod-Blue Mountain Project Camden AL 36726 Plainview AR 72857 Bldg. SF–17 Landholding Agency: COE Landholding Agency: COE Sub-Office Operations Property Number: 31200540002 Property Number: 31200630006 Clewiston Co: Hendry FL 33440 Status: Unutilized Status: Unutilized Landholding Agency: COE Reasons: Extensive deterioration Reasons: Extensive deterioration Property Number: 31200430005 Alaska Status: Unutilized Unsuitable Properties Reasons: Secured Area, Extensive Bldgs. 3270, 3274, 3278 deterioration Elmendorf AFB Building Bldg. SF–33 Anchorage AK 99506 California Landholding Agency: Air Force Franklin Lock Property Number: 18200630001 Bldgs. 5001 thru 5082 Alva Co: Lee FL 33920 Edwards AFB Landholding Agency: COE Status: Unutilized Area A Property Number: 31200620008 Reasons: Secured Area Los Angeles CA 93524 Status: Unutilized Within 2000 ft. of flammable or explosive Landholding Agency: Air Force Reasons: Extensive deterioration material Property Number: 18200620002 Bldg. 25 Unsuitable Properties Status: Unutilized (f) Richmond Naval Air Station Reasons: Secured Area, Extensive Building 15810 SW 129th Ave. deterioration Miami Co: Dade FL 33177 Arkansas Garages 25001 thru 25100 Landholding Agency: COE Dwelling Edwards AFB Property Number: 31200620031 Bull Shoals Lake/Dry Run Road Area A Status: Excess Oakland Co: Marion AR 72661 Los Angeles CA 93524 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: Air Force Bldg. SF–14 Property Number: 31199820001 Property Number: 18200620003 S. Florida Operations Ofc. Reservation Status: Unutilized Status: Unutilized Clewiston Co: Hendry FL 33440 Reasons: Extensive deterioration Reasons: Extensive deterioration, Secured Landholding Agency: COE Helena Casting Plant Area Property Number: 31200710001 Helena Co: Phillips AR 72342 Soil Testing Lab Status: Unutilized Landholding Agency: COE Sausalito CA 00000 Reasons: Secured Area Property Number: 31200220001 Landholding Agency: COE Unsuitable Properties Status: Unutilized Property Number: 31199920002 Reasons: Extensive deterioration Status: Excess Building Reasons: Other—contamination BSHOAL–43560 Georgia Mountain Home Project Unsuitable Properties Facilities 284, 286, 288 Mountain Home AR 72653 Savannah HHIAP Landholding Agency: COE Building Garden City Co: Chatham GA 31408 Property Number: 31200630001 Connecticut Landholding Agency: Air Force Status: Unutilized Hezekiah S. Ramsdell Farm Property Number: 18200710002 Reasons: Extensive deterioration West Thompson Lake Status: Unutilized BSHOAL–43561 North Grosvenordale Co: Windham CT Reasons: Secured Area Mountain Home Project 06255–9801 Facilities 1904, 1908 Mountain Home AR 72653 Landholding Agency: COE Savannah HHIAP Landholding Agency: COE Property Number: 31199740001 Garden City Co: Chatham GA 31408 Property Number: 31200630002 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reasons: Extensive deterioration, Floodway Property Number: 18200710003 Reasons: Extensive deterioration Florida Status: Unutilized Unsuitable Properties Bldgs. 2349, 2351 Reasons: Secured Area Building Tyndall AFB Bldg. #WRSH18 Bay FL 32403 West Point Lake Arkansas Landholding Agency: Air Force West Point GA 31833 BSHOAL–43652 Property Number: 18200640002 Landholding Agency: COE Mountain Home Project Status: Unutilized Property Number: 31200430006

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Status: Unutilized Status: Unutilized Hickman Petro Products Storage Annex Reasons: Secured Area Reasons: Extensive deterioration Wheeler HI Bldg. W03 Landholding Agency: Air Force West Point Lake Unsuitable Properties Property Number: 18200710005 West Point GA 31833 Building Status: Unutilized Landholding Agency: COE Reasons: Secured Area, Extensive Georgia Property Number: 31200430007 deterioration Status: Unutilized Bldg. RBR–19705 Bldgs. 41, 101 Reasons: Within 2000 ft. of flammable or Di-Lane Plantation Hickman Petro Products Storage Annex explosive material, Secured Area, Elberton GA 30635 Wheeler HI Extensive deterioration Landholding Agency: COE Landholding Agency: Air Force Property Number: 31200620005 Unsuitable Properties Property Number: 18200710006 Status: Unutilized Status: Unutilized Building Reasons: Extensive deterioration Reasons: Secured Area, Extensive Georgia Bldg. RBR–19706 deterioration Di-Lane Plantation Gatehouse #W03 Elberton GA 30635 Unsuitable Properties West Point Lake Landholding Agency: COE Building West Point GA 31833–9517 Property Number: 31200620006 Landholding Agency: COE Status: Unutilized Idaho Property Number: 31200510001 Reasons: Extensive deterioration Bldg. AFD0070 Status: Unutilized Bldg. RBR–19721 Albeni Falls Dam Reasons: Extensive deterioration Di-Lane Plantation Oldtown Co: Bonner ID 83822 WRSH14, WRSH15, WRSH18 Elberton GA 30635 Landholding Agency: COE West Point Lake Landholding Agency: COE Property Number: 31199910001 West Point GA 31833–9517 Property Number: 31200620007 Status: Unutilized Landholding Agency: COE Status: Unutilized Reasons: Extensive deterioration Property Number: 31200510002 Reasons: Extensive deterioration Status: Unutilized Illinois Reasons: Extensive deterioration Bldg. WC–19 Walter F. George Lake Bldg. CB562–7141 Pumphouse Fort Gaines GA 39851 Wilborn Creek Carters Lake Landholding Agency: COE Shelbyville IL 62565 Oakman GA 30732 Property Number: 31200630007 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 31200620009 Property Number: 31200520002 Reasons: Extensive deterioration Status: Excess Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Unsuitable Properties Bldg. CB562–7153 Vault Toilet Building Wilborn Creek Lake Sidney Lanier Shelbyville IL 62565 Buford GA 30518 Georgia Landholding Agency: COE Landholding Agency: COE Radio Room Property Number: 31200620010 Property Number: 31200540003 Walter F. George Lake Status: Excess Status: Unutilized Ft. Gaines GA 39851 Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: COE Bldg. CB562–7162 Property Number: 31200640004 Unsuitable Properties Bo Wood Status: Unutilized Shelbyville IL 62565 Building Reasons: Extensive deterioration Landholding Agency: COE Georgia Bldg. JST–16711 Property Number: 31200620011 Hesters Ferry Campground Status: Excess Bldg. RBR–19689 Lincoln GA Reasons: Extensive deterioration Di-Lane Plantation Landholding Agency: COE Elberton GA 30635 Property Number: 31200710002 Unsuitable Properties Landholding Agency: COE Status: Unutilized Building Property Number: 31200620001 Reasons: Extensive deterioration Status: Unutilized Illinois Reasons: Extensive deterioration Bldg. JST–20852 Clay Hill Campground Bldg. CB562–7163 Bldg. RBR–19690 Lincoln GA Bo Wood Di-Lane Plantation Landholding Agency: COE Shelbyville IL 62565 Elberton GA 30635 Property Number: 31200710003 Landholding Agency: COE Landholding Agency: COE Status: Unutilized Property Number: 31200620012 Property Number: 31200620002 Reasons: Extensive deterioration Status: Excess Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Unsuitable Properties Bldg. CB562–7164 Bldg. RBR–19696 Building Bo Wood Di-Lane Plantation Shelbyville IL 62565 Elberton GA 30635 Hawaii Landholding Agency: COE Landholding Agency: COE Bldgs. 31, 33 Property Number: 31200620013 Property Number: 31200620003 Hickman Petro Products Storage Annex Status: Excess Status: Unutilized Wheeler HI Reasons: Extensive deterioration Reasons: Extensive deterioration Landholding Agency: Air Force Bldg. CB562–7165 Bldg. RBR–19697 Property Number: 18200710004 Bo Wood Di-Lane Plantation Status: Unutilized Shelbyville IL 62565 Elberton GA 30635 Reasons: Extensive deterioration, Secured Landholding Agency: COE Landholding Agency: COE Area Property Number: 31200620014 Property Number: 31200620004 Bldgs. 35, 36, 37 Status: Excess

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Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200610001 Bldg. CB562–7196 Property Number: 31200540004 Status: Excess Whitley Creek Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Shelbyville IL 62565 Unsuitable Properties Landholding Agency: COE Sewage Treatment Plant Property Number: 31200620015 Mississinewa Lake Building Status: Excess Peru IN 46970 Kansas Reasons: Extensive deterioration Landholding Agency: COE Bldgs. 2031, 2029, 2025, 2023 Property Number: 31200540005 McConnell AFB Unsuitable Properties Status: Unutilized Sedgwick KS 67210 Reasons: Extensive deterioration Building Landholding Agency: Air Force Illinois Frame House Property Number: 18200630003 Brookville Lake Status: Unutilized Bldg. CB562–7197 Union IN Whitley Creek Reasons: Secured Area Landholding Agency: COE Bldgs. 2033, 2018, 2016 Shelbyville IL 62565 Property Number: 31200710005 Landholding Agency: COE McConnell AFB Status: Unutilized Sedgwick KS 67210 Property Number: 31200620016 Reasons: Extensive deterioration Status: Excess Landholding Agency: Air Force Reasons: Extensive deterioration Unsuitable Properties Property Number: 18200630004 Status: Unutilized Bldg. CB562–7199 Building Reasons: Secured Area Whitley Creek Iowa Shelbyville IL 62565 Bldgs. 2039, 2036 Landholding Agency: COE Treatment Plant McConnell AFB Property Number: 31200620017 South Fork Park Sedgwick KS 67210 Status: Excess Mystic Co: Appanoose IA 52574 Landholding Agency: Air Force Reasons: Extensive deterioration Landholding Agency: COE Property Number: 18200630005 Property Number: 31200220002 Status: Unutilized Bldg. CB562–7200 Reasons: Secured Area Whitley Creek Status: Excess Bldgs. 2041, 2027, 2021 Shelbyville IL 62565 Reasons: Extensive deterioration McConnell AFB Landholding Agency: COE Storage Bldg. Sedgwick KS 67210 Property Number: 31200620018 Rathbun Project Moravia Co: Appanoose IA 52571 Landholding Agency: Air Force Status: Excess Property Number: 18200630006 Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200330001 Status: Unutilized Bldg. CB562–9042 Status: Excess Reasons: Secured Area Whitley Creek Reasons: Extensive deterioration Shelbyville IL 62565 Unsuitable Properties Bldg. Landholding Agency: COE Building Property Number: 31200620019 Island View Park Status: Excess Rathbun Project Kansas Reasons: Extensive deterioration Centerville Co: Appanoose IA 52544 Bldg. 2507 Landholding Agency: COE McConnell AFB Unsuitable Properties Property Number: 31200330002 Sedgwick KS 67210 Status: Excess Landholding Agency: Air Force Building Reasons: Extensive deterioration Property Number: 18200630007 Illinois Tract 137 Status: Unutilized Bldg. CB639–7876 Camp Dodge Reasons: Secured Area Rend Lake Johnston Co: Polk IA 50131–1902 22 Duplexes Benton IL 62812 Landholding Agency: COE McConnell AFB Landholding Agency: COE Property Number: 31200410001 Sedgwick KS 67210 Property Number: 31200620020 Status: Excess Landholding Agency: Air Force Status: Excess Reasons: Extensive deterioration Property Number: 18200640004 Reasons: Extensive deterioration Status: Excess Unsuitable Properties Fee Booth Reasons: Secured Area Bo Wood Recreation Area Building 5 Duplexes Shelbyville IL 62565 Iowa McConnell AFB Landholding Agency: COE Sedgwick KS 67210 Rathbun 29369, 29368 Property Number: 31200630008 Landholding Agency: Air Force Island View park Status: Unutilized Property Number: 18200640005 Centerville Co: Appanoose IA 52544 Reasons: Extensive deterioration Status: Excess Landholding Agency: COE Comfort Station Directions: 2009, 2224, 2312, 2315, 2357 Property Number: 31200510003 Reasons: Secured Area Rend Lake Status: Excess Bldgs. 2131, 2133 Benton IL 62812 Reasons: Extensive deterioration Landholding Agency: COE McConnell AFB RTHBUN–79326 Property Number: 31200710004 Sedgwick KS 67210 Buck Creek Park Status: Excess Landholding Agency: Air Force Centerville Co: Appanoose IA 52544 Reasons: Extensive deterioration Property Number: 18200640006 Landholding Agency: COE Status: Excess Unsuitable Properties Property Number: 31200520004 Reasons: Secured Area Status: Excess Building Reasons: Extensive deterioration Unsuitable Properties Indiana Bldg. Building Comfort Station Buck Creek Park Salamonie Lake Centerville Co: Appanoose IA 52544 Kansas Lagro IN 46941 Landholding Agency: COE Bldgs. 2201, 2301

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McConnell AFB Landholding Agency: COE Property Number: 31200340003 Sedgwick KS 67210 Property Number: 31200310004 Status: Excess Landholding Agency: Air Force Status: Unutilized Reasons: Extensive deterioration Property Number: 18200640007 Reasons: Extensive deterioration 6 Bldgs. Status: Excess Shower Santa Fe Trail/Outlet Channel Reasons: Secured Area Perry Lake Council Grove Co: Morris KS 66846 15 Single Units Perry Co: Jefferson KS 66073 Landholding Agency: COE McConnell AFB Landholding Agency: COE Property Number: 31200340004 Sedgwick KS 67210 Property Number: 31200310005 Status: Excess Landholding Agency: Air Force Status: Unutilized Reasons: Extensive deterioration Property Number: 18200640008 Reasons: Extensive deterioration Unsuitable Properties Status: Excess Tool Shed Reasons: Secured Area Perry Lake Building No. 01017 Perry Co: Jefferson KS 66073 Kansas Kanopolis Project Landholding Agency: COE Marquette Co: Ellsworth KS 67456 Property Number: 31200310006 Residence Landholding Agency: COE Status: Unutilized Melvern Lake Project Property Number: 31200210001 Reasons: Extensive deterioration Melvern Co: Osage KS 66510 Status: Unutilized Landholding Agency: COE Reasons: Extensive deterioration Unsuitable Properties Property Number: 31200340005 Status: Excess No. 01020 Building Reasons: Extensive deterioration Kanopolis Project Kansas Marquette Co: Ellsworth KS 67456 2 Bldgs. Landholding Agency: COE Bldg. M37 Management Park Property Number: 31200210002 Minooka Park Vassar KS 66543 Status: Unutilized Sylvan Grove Co: Russell KS 67481 Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200340006 Property Number: 31200320002 Status: Excess Unsuitable Properties Status: Excess Reasons: Extensive Reasons: Extensive deterioration deterioration Building Bldg. Bldg. M38 Hickory Campground Kansas Minooka Park Lawrence KS 66049 No. 61001 Sylvan Grove Co: Russell KS 67481 Landholding Agency: COE Kanopolis Project Landholding Agency: COE Property Number: 31200340007 Marquette Co: Ellsworth KS 67456 Property Number: 31200320003 Status: Excess Landholding Agency: COE Status: Excess Reasons: Extensive deterioration Property Number: 31200210003 Reasons: Extensive deterioration Bldg. Status: Unutilized Bldg. L19 Rockhaven Park Area Reasons: Extensive deterioration Lucas Park Lawrence KS 66049 Bldg. #1 Sylvan Grove Co: Russell KS 67481 Landholding Agency: COE Kanopolis Project Landholding Agency: COE Property Number: 31200340008 Marquette Co: Ellsworth KS 67456 Property Number: 31200320004 Status: Excess Landholding Agency: COE Status: Unutilized Reasons: Extensive deterioration Property Number: 31200220003 Reasons: Extensive deterioration Unsuitable Properties Status: Excess 2 Bldgs. Reasons: Extensive deterioration Tuttle Creek Lake Building Bldg. #2 Near Shelters #3 & #4 Kansas Kanopolis Project Riley KS 66502 Bldg. Marquette Co: Ellsworth KS 67456 Landholding Agency: COE Overlook Park Area Landholding Agency: COE Property Number: 31200330003 Lawrence KS 66049 Property Number: 31200220004 Status: Excess Landholding Agency: COE Status: Excess Reasons: Extensive deterioration Property Number: 31200340009 Reasons: Extensive deterioration Unsuitable Properties Status: Excess Bldg. #4 Reasons: Extensive deterioration Kanopolis Project Building Bldg. Marquette Co: Ellsworth KS 67456 Kansas Walnut Campground Landholding Agency: COE 6 Bldgs. Lawrence KS 66049 Property Number: 31200220005 Cottonwood Point/Hillsboro Cove Landholding Agency: COE Status: Excess Marion Co: Coffey KS 66861 Property Number: 31200340010 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess Unsuitable Properties Property Number: 31200340001 Reasons: Extensive deterioration Status: Excess Building Bldg. Reasons: Extensive deterioration Cedar Ridge Campground Kansas 20 Bldgs. Lawrence KS 66049 Comfort Station Riverside Landholding Agency: COE Clinton Lake Project Burlington Co: Coffey KS 66839–8911 Property Number: 31200340011 Lawrence Co: Douglas KS 66049 Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31200340002 Reasons: Extensive deterioration Property Number: 31200220006 Status: Excess Bldg. Status: Excess Reasons: Extensive deterioration Woodridge Park Area Reasons: Extensive deterioration 2 Bldgs. Lawrence KS 66049 Privie Canning Creek/Richey Cove Landholding Agency: COE Perry Lake Council Grove Co: Morris KS 66846–9322 Property Number: 31200340012 Perry Co: Jefferson KS 66074 Landholding Agency: COE Status: Excess

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Reasons: Extensive deterioration Landholding Agency: COE Fall River Co: Greenwood KS 6047 Property Number: 31200430012 Landholding Agency: COE Unsuitable Properties Status: Excess Property Number: 31200530005 Building Reasons: Status: Excess Extensive deterioration Reasons: Extensive deterioration Kansas 3 Vault Toilets Bldgs. L05, L06 8 Bldgs. West Rolling Hills Lucas Park Overlook Tuttle Cove Park Milford Lake Sylvan Grove KS 67481 Manhattan Co: Riley KS 66502 Junction City KS 66441 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31200530006 Property Number: 31200410002 Property Number: 31200440003 Status: Excess Status: Unutilized Status: Excess Reasons: Extensive deterioration Reasons: Extensive deterioration Reasons: Extensive deterioration Bldg. 29442 2 Bldgs. Vault Toilet Admin. Area Old Garrison Campground East Rolling Hills Perry KS 66073 Pottawatomie KS Milford Lake Landholding Agency: COE Landholding Agency: COE Junction City KS 66441 Property Number: 31200610002 Property Number: 31200410003 Landholding Agency: COE Status: Excess Status: Unutilized Property Number: 31200440004 Reasons: Extensive deterioration Reasons: Extensive deterioration Status: Excess 2 Bldgs. Reasons: Extensive deterioration Unsuitable Properties School Creek ORV Area Bldgs. 25002, 35012 Building Junction City KS 66441 Lucas Park Kansas Landholding Agency: COE Sylvan Grove KS 67481 Property Number: 31200410004 Landholding Agency: COE Bldgs. 29475, 29476 Status: Excess Property Number: 31200510004 Thompsonville Park Reasons: Extensive deterioration Status: Excess Perry KS 66073 Bldg. Reasons: Extensive deterioration Landholding Agency: COE Slough Creek Park Property Number: 31200610003 Perry Co: Jefferson KS 66073 Unsuitable Properties Status: Excess Landholding Agency: COE Building Reasons: Extensive deterioration Property Number: 31200410005 Kansas Bldg. 39661 Status: Excess Old Town Park Reasons: Extensive deterioration Bldgs. 25006, 25038 Perry KS 66073 Lucas Group Camp Landholding Agency: COE Unsuitable Properties Sylvan Grove KS 67481 Property Number: 31200610004 Landholding Agency: COE Building Status: Excess Property Number: 31200510005 Reasons: Extensive deterioration Kansas Status: Excess Bldg. 29455 Bldg. Reasons: Extensive deterioration Rock Creek Park Spillway Boat Ramp Bldgs. L37, L38 Perry KS 66073 Sylvan Grove KS 67481 Lucas Park Landholding Agency: COE Landholding Agency: COE Sylvan Grove KS 67481 Property Number: 31200610005 Property Number: 31200430008 Landholding Agency: COE Status: Excess Status: Excess Property Number: 31200520005 Reasons: Extensive deterioration Reasons: Extensive deterioration Status: Excess Bldg. 29415 Bldg. Reasons: Extensive deterioration Longview Park Minooka Park Area 2 Bldgs. Perry KS 66073 Sylvan Grove KS 67481 Mann’s Cove PUA Landholding Agency: COE Landholding Agency: COE Fall River Co: Greenwood KS 67047 Property Number: 31200610006 Property Number: 31200430009 Landholding Agency: COE Status: Excess Status: Excess Property Number: 31200530002 Reasons: Extensive deterioration Reasons: Extensive deterioration Status: Excess Reasons: Extensive deterioration Unsuitable Properties Bldg. Lucas Park Area 16 Bldgs. Building Sylvan Grove KS 67481 Cottonwood Point Kansas Landholding Agency: COE Marion KS Bldg. 29464 Property Number: 31200430010 Landholding Agency: COE Slough Creek Park Status: Excess Property Number: 31200530003 Perry KS 66073 Reasons: Extensive deterioration Status: Excess Reasons: Extensive deterioration Landholding Agency: COE Bldg. Property Number: 31200610007 Sylvan Park Area Unsuitable Properties Status: Excess Sylvan Grove KS 67481 Reasons: Extensive deterioration Landholding Agency: COE Building Bldgs. 35015, 35011 Property Number: 31200430011 Kansas Minooka Park Status: Excess 3 Bldgs. Sylvan Grove KS 67481 Reasons: Extensive deterioration Damsite PUA Landholding Agency: COE Unsuitable Properties Fall River Co: Greenwood KS 67047 Property Number: 31200620021 Landholding Agency: COE Status: Excess Building Property Number: 31200530004 Reasons: Extensive deterioration Kansas Status: Excess Bldgs. Bldg. Reasons: Extensive deterioration Canning Creek North Outlet Area 2 Bldgs. Council Grove Co: Morris KS 66846 Junction City KS 66441 Damsite PUA Landholding Agency: COE

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Property Number: 31200620022 Reasons: Extensive deterioration Directions: Off State Hwy 369, which runs off Status: Excess of Western Ky. Parkway Reasons: Extensive deterioration Unsuitable Properties Reasons: Floodway 4 Bldgs. Building Office and Warehouse East Rolling Hills Park Kansas Green River Lock and Dam No. 3 Junction City KS 66441 Rochester Co: Butler KY 42273 Landholding Agency: COE Bldgs. 28370, 28373, 28298 Landholding Agency: COE Property Number: 31200630009 Melvern Lake Property Number: 31199120012 Status: Unutilized Melvern Co: Osage KS 66510 Status: Unutilized Reasons: Extensive deterioration Landholding Agency: COE Directions: Off State Hwy 369, which runs off Property Number: 31200710006 of Western Ky. Parkway Unsuitable Properties Status: Excess Reasons: Floodway Building Reasons: Extensive deterioration 2 Pit Toilets Kansas Bldg. 29773 Green River Lock and Dam No. 3 Melvern Lake Rochester Co: Butler KY 42273 Storage Bldg. Melvern Co: Osage KS 66510 Landholding Agency: COE Perry Wildlife Area Landholding Agency: COE Property Number: 31199120013 Perry KS 66073 Property Number: 31200710007 Status: Unutilized Landholding Agency: COE Status: Excess Reasons: Floodway Property Number: 31200640005 Reasons: Extensive deterioration Status: Excess Tract 1379 Bldgs. 29785, 29786, 29788 Reasons: Extensive deterioration Barkley Lake Melvern Lake Eddyville Co: Lyon KY 42038 Water Treatment Plant Melvern Co: Osage KS 66510 Landholding Agency: COE Old Town Area Landholding Agency: COE Property Number: 31200420001 Perry KS 66073 Property Number: 31200710008 Status: Unutilized Landholding Agency: COE Status: Excess Reasons: Other—landlocked Property Number: 31200640006 Reasons: Extensive deterioration Status: Excess Unsuitable Properties Reasons: Extensive deterioration Bldg. 39070 Melvern Lake Building Water Treatment Plant Melvern Co: Osage KS 66510 Kentucky Sunset Ridge Area Landholding Agency: COE Perry KS 66073 Property Number: 31200710009 Tract 4300 Barkley Lake Landholding Agency: COE Status: Excess Property Number: 31200640007 Cadiz Co: Trigg KY 42211 Reasons: Extensive deterioration Status: Excess Landholding Agency: COE Reasons: Extensive deterioration Unsuitable Properties Property Number: 31200420002 Status: Unutilized Water Treatment Plant Building Perry Area Reasons: Floodway Perry KS 66073 Kansas Tracts 317, 318, 319 Landholding Agency: COE Bldg. Barkley Lake Property Number: 31200640008 South Outlet Park Area Grand Rivers Co: Lyon KY 42045 Status: Excess Lawrence KS Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200420003 Property Number: 31200710010 Status: Unutilized Unsuitable Properties Status: Excess Reasons: Floodway Building Reasons: Extensive deterioration Comfort Station Kansas Kentucky Holmes Bend Access Green River Lake Spring House Water Treatment Plant Adair KY Kentucky River Lock and Dam No. 1 Longview Park Area Landholding Agency: COE Highway 320 Perry KS 66073 Property Number: 31200440005 Carrollton Co: Carroll KY 41008 Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31200640009 Reasons: Extensive deterioration Status: Excess Property Number: 21199040416 Reasons: Extensive deterioration Status: Unutilized Steel Structure Mcalpine Locks Shower Reasons: Other—Spring House 6-Room Dwelling Louisville KY 40212 Longview Park Area Landholding Agency: COE Perry KS 66073 Green River Lock and Dam No. 3 Rochester Co: Butler KY 42273 Property Number: 31200440006 Landholding Agency: COE Status: Excess Property Number: 31200640010 Landholding Agency: COE Property Number: 31199120010 Reasons: Floodway, Within 2000 ft. of Status: Excess flammable or explosive material Reasons: Extensive deterioration Status: Unutilized Directions: Off State Hwy 369, which runs off Shower Unsuitable Properties of Western Ky. Parkway Slough Creek Park Area Reasons: Floodway Building Perry KS 66073 Landholding Agency: COE Unsuitable Properties Kentucky Property Number: 31200640011 Comfort Station Status: Excess Building Mcalpine Locks Reasons: Extensive deterioration Kentucky Louisville KY 40212 Shower 2-Car Garage Landholding Agency: COE Thompsonville Area Green River Lock and Dam No. 3 Property Number: 31200440007 Perry KS 66073 Rochester Co: Butler KY 42273 Status: Excess Landholding Agency: COE Landholding Agency: COE Reasons: Floodway, Within 2000 ft. of Property Number: 31200640012 Property Number: 31199120011 flammable or explosive material Status: Excess Status: Unutilized Shelter

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Mcalpine Locks Property Number: 31200120003 Thurnau Mitigation Site Louisville KY 40212 Status: Excess Craig Co: Holt MO 64437 Landholding Agency: COE Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200440008 #07004, 60006, 60007 Property Number: 31200420010 Status: Excess Crabtree Cove/Stockton Area Status: Unutilized Reasons: Floodway, Within 2000 ft. of Stockton MO 65785 Reasons: Extensive deterioration flammable or explosive material Landholding Agency: COE Unsuitable Properties Parking Lot Property Number: 31200220007 Mcalpine Locks Status: Excess Building Louisville KY 40212 Reasons: Extensive deterioration Missouri Landholding Agency: COE Property Number: 31200440009 Unsuitable Properties Tract 1111 Status: Excess Building Thurnau Mitigation Site Reasons: Floodway, Within 2000 ft. of Craig Co: Holt MO 64437 Missouri flammable or explosive material Landholding Agency: COE Sewage Treatment Plant Bldg. Property Number: 31200420011 Holmes Bend Recreation Old Mill Park Area Status: Excess Campbellsville KY 42718–9805 Stockton MO 65785 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Shower Property Number: 31200310007 Property Number: 31200510006 Pomme de Terre Lake Status: Unutilized Status: Excess Reasons: Extensive deterioration Hermitage Co: Polk MO 65668 Reasons: Extensive deterioration Landholding Agency: COE Stockton Lake Proj. Ofc. Property Number: 31200420012 Unsuitable Properties Stockton Co: Cedar MO 65785 Status: Unutilized Landholding Agency: COE Building Reasons: Extensive deterioration Property Number: 31200330004 Kentucky Status: Unutilized 11 Bldgs. Loading Docks Reasons: Extensive deterioration Warsaw MO 65355 Nolin Lake House Landholding Agency: COE Bee Spring KY 42007 Tract 1105 Property Number: 31200430013 Landholding Agency: COE Thurnau Mitigation Site Status: Excess Property Number: 31200540006 Craig Co: Holt MO 64437 Directions: Fairfield, Tally Bend, Cooper Status: Unutilized Landholding Agency: COE Creek, Shawnee Bend Reasons: Extensive deterioration Property Number: 31200420005 Reasons: Extensive deterioration Maine Status: Unutilized 2 Storage Bldgs. Reasons: Extensive deterioration Bldg. 425 District Service Base Bangor IAP 30x36 Barn St. Louis MO Bangor ME 04401 Tract 1105 Landholding Agency: COE Landholding Agency: Air Force Thurnau Mitigation Site Property Number: 31200430014 Property Number: 18200710007 Craig Co: Holt MO 64437 Status: Excess Status: Unutilized Landholding Agency: COE Reasons: Extensive deterioration Reasons: Secured Area, Within 2000 ft. of Property Number: 31200420006 Status: Unutilized Unsuitable Properties flammable or explosive material Reasons: Extensive deterioration Missouri Building Unsuitable Properties Rec Office Missouri Harry S. Truman Dam Building Privy Osceola Co: St. Clair MO 64776 Missouri Pomme de Terre Lake Landholding Agency: COE Wheatland Co: Hickory MO Property Number: 31200110001 30x26 Barn Landholding Agency: COE Tract 1105 Status: Unutilized Property Number: 31200440010 Thurnau Mitigation Site Reasons: Extensive deterioration Status: Underutilized Craig Co: Holt MO 64437 Reasons: Floodway Unsuitable Properties Landholding Agency: COE Property Number: 31200420007 Vault Toilet Building Status: Unutilized Ruark Bluff Missouri Reasons: Extensive deterioration Stockton MO Privy/Nemo Park 30x10 Shed Landholding Agency: COE Pomme de Terre Lake Tract 1105 Property Number: 31200440011 Hermitage MO 65668 Thurnau Mitigation Site Status: Excess Landholding Agency: COE Craig Co: Holt MO 64437 Reasons: Extensive deterioration Property Number: 31200120001 Landholding Agency: COE Comfort Station Status: Excess Property Number: 31200420008 Overlook Area Reasons: Extensive deterioration Status: Unutilized Stockton MO Privy No. 1/Bolivar Park Reasons: Extensive deterioration Landholding Agency: COE Pomme de Terre Lake 30x26 Shed Property Number: 31200440012 Hermitage MO 65668 Tract 1105 Status: Excess Landholding Agency: COE Thurnau Mitigation Site Reasons: Extensive deterioration Property Number: 31200120002 Craig Co: Holt MO 64437 Maintenance Building Status: Excess Landholding Agency: COE Missouri River Area Reasons: Extensive deterioration Property Number: 31200420009 Napoleon Co: Lafayette MO 64074 Privy No. 2/Bolivar Park Status: Unutilized Landholding Agency: COE Pomme de Terre Lake Reasons: Extensive deterioration Property Number: 31200510007 Hermitage MO 65668 9x9 Shed Status: Excess Landholding Agency: COE Tract 1105 Reasons: Floodway

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Unsuitable Properties Status: Unutilized Property Number: 31200610011 Reasons: Secured Area, Within 2000 ft. of Status: Excess Building flammable or explosive material Reasons: Extensive deterioration Missouri Bldg. 360 6 Bldgs. Bldg. 34001 Malmstrom AFB Harlan County Lake Orleans Trail Park Cascade MT 59402 Republican City NE 68971 Stockton MO 65785 Landholding Agency: Air Force Landholding Agency: COE Landholding Agency: COE Property Number: 18200640010 Property Number: 31200610012 Property Number: 31200510008 Status: Unutilized Status: Excess Status: Excess Reasons: Within 2000 ft. of flammable or Directions: 50003, 50004, 50005, 50006, Reasons: Extensive deterioration explosive material, Secured Area 50007, 50008 Bldgs. 34016, 34017 Nebraska Reasons: Extensive deterioration Orleans Trail Park Vault Toilets Unsuitable Properties Stockton MO 65785 Harlan County Project Building Landholding Agency: COE Republican NE 68971 Property Number: 31200510009 Landholding Agency: COE New Mexico Status: Excess Property Number: 31200210006 Reasons: Extensive deterioration Bldgs. 15000, 15010, 15020 Status: Unutilized Cannon AFB Bldg. Reasons: Extensive deterioration Curry NM 88101 Pomme de Terre Lake Patterson Treatment Plant Landholding Agency: Air Force Hermitage MO 65668 Harlan County Project Property Number: 18200630009 Landholding Agency: COE Republican NE 68971 Status: Unutilized Property Number: 31200610008 Landholding Agency: COE Reasons: Secured Area Status: Unutilized Property Number: 31200210007 Reasons: Extensive deterioration Bldgs. 15030, 15040, 15060 Status: Unutilized Cannon AFB Bldgs. 43841, 43919 Reasons: Extensive deterioration Curry NM 88101 Clearwater Project Unsuitable Properties Landholding Agency: Air Force Piedmont MO 63957 Property Number: 18200630010 Landholding Agency: COE Building Status: Unutilized Property Number: 31200630010 Reasons: Secured Area Status: Unutilized Nebraska Bldgs. 15070, 15080, 15090 Reasons: Extensive deterioration #30004 Cannon AFB Harlan County Project Unsuitable Properties Republican Co: Harlan NE 68971 Curry NM 88101 Landholding Agency: Air Force Building Landholding Agency: COE Property Number: 31200220008 Property Number: 18200630011 Missouri Status: Unutilized Status: Unutilized Dwelling Reasons: Extensive deterioration Reasons: Secured Area Harry S. Truman Project #3005, 3006 Bldgs. 00, 10, 20 Roscoe MO Harlan County Project Cannon AFB Landholding Agency: COE Republican Co: Harlan NE 68971 Curry NM 88101 Property Number: 31200640013 Landholding Agency: COE Landholding Agency: Air Force Status: Unutilized Property Number: 31200220009 Property Number: 18200630012 Reasons: Extensive deterioration Status: Unutilized Status: Unutilized Bldg. 50005 Reasons: Extensive deterioration Reasons: Secured Area 95 Ruark Bluff East Bldgs. 70001, 70002 Unsuitable Properties Stockton MO 65785 South Outlet Park Landholding Agency: COE Republican City NE Building Property Number: 31200710011 Landholding Agency: COE New Mexico Status: Excess Property Number: 31200510010 Bldgs. 30, 40, 60 Reasons: Extensive deterioration Status: Excess Cannon AFB Bldg. 07002 Reasons: Extensive deterioration Curry NM 88101 Crabtree Cove Park Bldgs. 40002, 40003, 40006 Landholding Agency: Air Force Stockton MO 65785 Harlan County Lake Property Number: 18200630013 Landholding Agency: COE Republican City NE 68971 Status: Unutilized Property Number: 31200710012 Landholding Agency: COE Reasons: Secured Area Status: Excess Property Number: 31200610009 Bldgs. 70, 80, 90 Reasons: Extensive deterioration Status: Excess Cannon AFB Comfort Station Reasons: Extensive deterioration Curry NM 88101 Riverlands Way Access Unsuitable Properties Landholding Agency: Air Force West Alton MO 63386 Property Number: 18200630014 Landholding Agency: COE Building Status: Unutilized Property Number: 31200710013 Nebraska Reasons: Secured Area Status: Excess Bldgs. 15200, 15210, 15220 Reasons: Extensive deterioration Bldg. 40020 Harlan County Lake Cannon AFB Unsuitable Properties Republican City NE 68971 Curry NM 88101 Landholding Agency: COE Landholding Agency: Air Force Building Property Number: 31200610010 Property Number: 18200630015 Montana Status: Excess Status: Unutilized Bldg. 1708 Reasons: Extensive deterioration Reasons: Secured Area Malmstrom AFB 4 Bldgs. Bldgs. 15230, 15240, 15250 Cascade MT 59402 43004, 43007, 43008, 43009 Cannon AFB Landholding Agency: Air Force Republican City NE 68971 Curry NM 88101 Property Number: 18200610007 Landholding Agency: COE Landholding Agency: Air Force

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Property Number: 18200630016 Reasons: Within 2000 ft. of flammable or Directions: 1381, 1371, 1378, 1358, 1349 Status: Unutilized explosive material 6 Bldgs. Reasons: Within 2000 ft. of flammable or Reasons: Secured Area Grand Forks AFB explosive material, Within airport runway clear zone, Secured Area Unsuitable Properties Grand Forks ND 58205 Landholding Agency: Air Force Bldg. 1211 Building Property Number: 18200640013 Grand Forks AFB New Mexico Status: Unutilized Grand Forks ND 58205 Directions: 6103, 6104, 6107, 6109, 6204, Landholding Agency: Air Force 4 Bldgs. 6206 Cannon AFB 15260, 15270, 15280, 15290 Property Number: 18200640020 Reasons: Within 2000 ft. of flammable or Status: Unutilized Curry NM 88101 explosive material Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 1828 Property Number: 18200630017 explosive material, Within airport runway Grand Forks AFB Status: Unutilized clear zone, Secured Area Grand Forks ND 58205 Reasons: Secured Area Landholding Agency: Air Force Unsuitable Properties 4 Bldgs. Property Number: 18200640014 Building Cannon AFB 15300, 15310, 15320, 15330 Status: Unutilized Curry NM 88101 Reasons: Within 2000 ft. of flammable or North Dakota Landholding Agency: Air Force explosive material, 22 Bldgs. Property Number: 18200630018 Within airport runway clear zone, Grand Forks AFB Status: Unutilized Secured Area Grand Forks ND 58205 Reasons: Secured Area Landholding Agency: Air Force Bldg. 1910 Unsuitable Properties Property Number: 18200640021 Kirtland AFB Building Status: Unutilized Bernalillo NM 87117 North Dakota Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force explosive material, Within airport runway Property Number: 18200640011 Bldg. 1329 clear zone, Secured Area Grand Forks AFB Status: Unutilized 13 Bldgs. Grand Forks ND 58205 Reasons: Secured Area Grand Forks AFB Landholding Agency: Air Force Grand Forks ND 58205 Unsuitable Properties Property Number: 18200640015 Landholding Agency: Air Force Status: Unutilized Building Property Number: 18200640022 Reasons: Within airport runway clear zone, Status: Unutilized New York Within 2000 ft. of flammable or explosive Warehouse material, Secured Area Reasons: Within 2000 ft. of flammable or Whitney Lake Project explosive material, Within airport runway Bldgs. 1330, 1830 clear zone, Secured Area Whitney Point Co: Broome NY 13862–0706 Grand Forks AFB Landholding Agency: COE Grand Forks ND 58205 Bldgs. 1326, 1328, 1826 Property Number: 31199630007 Landholding Agency: Air Force Grand Forks AFB Status: Unutilized Property Number: 18200640016 Grand Forks ND 58205 Reasons: Extensive deterioration Status: Unutilized Landholding Agency: Air Force Property Number: 18200640023 North Carolina Reasons: Secured Area, Within airport Status: Unutilized Bldg. FAL–19090 runway clear zone, Within 2000 ft. of flammable or explosive material Reasons: Within airport runway clear zone, Falls Lake Within 2000 ft. of flammable or explosive 5 Bldgs. Raleigh NC material, Secured Area Landholding Agency: COE Grand Forks AFB Property Number: 31200620023 Grand Forks ND 58205 Unsuitable Properties Landholding Agency: Air Force Status: Unutilized Building Reasons: Extensive deterioration Property Number: 18200640017 Status: Unutilized North Dakota Preston Clark USARC Directions: 1202, 1212, 1216, 1219, 1223 1301 N. Memorial Dr. Bldg. 1324 Reasons: Within airport runway clear zone, Greenville Co: Pitt NC 27834 Grand Forks AFB Secured Area, Within 2000 ft. of flammable Grand Forks ND 58205 Landholding Agency: COE or explosive material Property Number: 31200620032 Landholding Agency: Air Force Status: Unutilized Unsuitable Properties Property Number: 18200640024 Reasons: Extensive deterioration 30 Bldgs. Status: Unutilized Building Reasons: Within 2000 ft. of flammable or W. Kerr Scott Project explosive material, Within airport runway Wilkesboro NC North Dakota clear zone, Secured Area Landholding Agency: COE 8 Bldgs. Property Number: 31200710014 Grand Forks AFB Bldg. 1411 Status: Unutilized Grand Forks ND 58205 Grand Forks AFB Reasons: Extensive deterioration Landholding Agency: Air Force Grand Forks ND 58205 Property Number: 18200640018 Landholding Agency: Air Force Unsuitable Properties Status: Unutilized Property Number: 18200640025 Directions: 1204, 1206, 1210, 1213, 1214, Status: Unutilized Building 1215, 1217, 1221 Reasons: Within airport runway clear zone, North Dakota Reasons: Within airport runway clear zone, Within 2000 ft. of flammable or explosive 8 Bldgs. Within 2000 ft. of flammable or explosive material, Secured Area Grand Forks AFB material, Secured Area 5 Bldgs. Grand Forks ND 58205 5 Bldgs. Grand Forks Landholding Agency: Air Force Grand Forks AFB Grand Forks ND 58205 Property Number: 18200640012 Grand Forks ND 58205 Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 18200640026 Directions: 6102, 6105, 6106, 6108, 6202, Property Number: 18200640019 Status: Unutilized 6205, 6207, 6208 Status: Unutilized Directions: 1222, 6, 1203, 1207, 2

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Reasons: Secured Area, Within airport Reasons: Within 2000 ft. of flammable or Property Number: 31200240013 runway clear zone, Within 2000 ft. of explosive material, Secured Area Status: Excess flammable or explosive material Bldg. 1839 Reasons: Extensive deterioration Unsuitable Properties Grand Forks AFB Filter Plant/Pumphouse Grand Forks ND 58205 North PUA Building Landholding Agency: Air Force Stigler Co: McIntosh OK 74462–9440 North Dakota Property Number: 18200640034 Landholding Agency: COE Status: Unutilized Property Number: 31200240014 Bldg. 1325 Reasons: Secured Area, Within 2000 ft. of Status: Excess Grand Forks AFB flammable or explosive material Reasons: Extensive deterioration Grand Forks ND 58205 Landholding Agency: Air Force Bldg. 1809 Unsuitable Properties Property Number: 18200640027 Grand Forks AFB Status: Unutilized Grand Forks ND 58205 Building Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Oklahoma explosive material, Secured Area Property Number: 18200640035 Status: Unutilized Filter Plant/Pumphouse 11 Bldgs. Reasons: Within 2000 ft. of flammable or Juniper Point PUA Grand Forks AFB explosive material, Secured Area Stigler Co: McIntosh OK 74462–9440 Grand Forks ND 58205 Landholding Agency: COE Landholding Agency: Air Force Unsuitable Properties Property Number: 31200240015 Property Number: 18200640028 Status: Excess Status: Unutilized Building Reasons: Extensive deterioration Reasons: Within airport runway clear zone, Ohio Comfort Station Within 2000 ft. of flammable or explosive House Juniper Point PUA material, Secured Area C.J. Brown Lake Stigler Co: McIntosh OK 74462–9440 18 Bldgs. Springfield OH Landholding Agency: COE Grand Forks AFB Landholding Agency: COE Property Number: 31200240016 Grand Forks ND 58205 Property Number: 31200620024 Status: Excess Landholding Agency: Air Force Status: Unutilized Reasons: Extensive deterioration Property Number: 18200640029 Reasons: Extensive deterioration Comfort Station Status: Unutilized Oklahoma Brooken Cove PUA Reasons: Within airport runway clear zone, Stigler Co: McIntosh OK 74462–9440 Comfort Station Within 2000 ft. of flammable or explosive Landholding Agency: COE material, Secured Area LeFlore Landing PUA Sallisaw Co: LeFlore OK 74955–9445 Property Number: 31200240017 Unsuitable Properties Landholding Agency: COE Status: Excess Reasons: Extensive deterioration Building Property Number: 31200240008 Status: Excess 2 Bldgs. North Dakota Reasons: Extensive deterioration Outlet Channel/Walker Creek Bldg. 1520 Comfort Station Waurika OK 73573–0029 Grand Forks AFB Braden Bend PUA Landholding Agency: COE Grand Forks ND 58205 Sallisaw Co: LeFlore OK 74955–9445 Property Number: 31200340013 Landholding Agency: Air Force Landholding Agency: COE Status: Excess Property Number: 18200640030 Property Number: 31200240009 Reasons: Extensive deterioration Status: Unutilized Status: Excess Unsuitable Properties Reasons: Within airport runway clear zone, Reasons: Extensive deterioration Within 2000 ft. of flammable or explosive Water Treatment Plant Building material, Secured Area Salt Creek Cove Oklahoma Bldg. 1228 Sawyer Co: Choctaw OK 74756–0099 2 Bldgs. Grand Forks AFB Landholding Agency: COE Damsite South Grand Forks ND 58205 Property Number: 31200240010 Stigler OK 74462–9440 Landholding Agency: Air Force Status: Excess Landholding Agency: COE Property Number: 18200640031 Reasons: Extensive deterioration Property Number: 31200340014 Status: Unutilized Unsuitable Properties Status: Excess Reasons: Within 2000 ft. of flammable or Reasons: Extensive deterioration explosive material, Within airport runway Building clear zone, Secured Area 19 Bldgs. Oklahoma Kaw Lake Bldg. 1849 Water Treatment Plant Ponca City OK 74601–9962 Grand Forks AFB Wilson Point Landholding Agency: COE Grand Forks ND 58205 Sawyer Co: Choctaw OK 74756–0099 Property Number: 31200340015 Landholding Agency: Air Force Landholding Agency: COE Status: Excess Property Number: 18200640032 Property Number: 31200240011 Reasons: Extensive deterioration Status: Unutilized Status: Excess Reasons: Within 2000 ft. of flammable or 30 Bldgs. Reasons: Extensive deterioration explosive material, Secured Area Keystone Lake 2 Comfort Stations Sand Springs OK 74063–9338 Unsuitable Properties Landing PUA/Juniper Point PUA Landholding Agency: COE Stigler Co: McIntosh OK 74462–9440 Property Number: 31200340016 Building Landholding Agency: COE Status: Excess North Dakota Property Number: 31200240012 Reasons: Extensive deterioration Bldg. 1813 Status: Excess 13 Bldgs. Grand Forks AFB Reasons: Extensive deterioration Oologah Lake Grand Forks ND 58205 Filter Plant/Pumphouse Oologah OK 74053–0700 Landholding Agency: Air Force South PUA Landholding Agency: COE Property Number: 18200640033 Stigler Co: McIntosh OK 74462–9440 Property Number: 31200340017 Status: Unutilized Landholding Agency: COE Status: Excess

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Reasons: Extensive deterioration Property Number: 31200340026 Reasons: Extensive deterioration Status: Excess Unsuitable Properties Bldg. Reasons: Extensive deterioration Canadian Public Use Area Building 5 Bldgs. Canton Co: Blaine OK 73724 Oklahoma Birch Cove/Twin Cove Landholding Agency: COE Skiatook OK 74070–9803 Property Number: 31200530009 14 Bldgs. Landholding Agency: COE Status: Excess Pine Creek Lake Property Number: 31200340027 Reasons: Extensive deterioration Valliant OK 74764–9801 Status: Excess Landholding Agency: COE 3 Bldgs. Reasons: Extensive deterioration Property Number: 31200340018 Porum Landing PUA Status: Excess 2 Bldgs. Stigler Co: McIntosh OK 74462 Reasons: Extensive deterioration Fairview Group Camp Landholding Agency: COE 6 Bldgs. Canton OK 73724–0069 Property Number: 31200530010 Sardis Lake Landholding Agency: COE Status: Excess Clayton OK 74536–9729 Property Number: 31200340028 Reasons: Extensive deterioration Status: Excess Landholding Agency: COE Unsuitable Properties Property Number: 31200340019 Reasons: Extensive deterioration Status: Excess 2 Bldgs. Building Reasons: Extensive deterioration Chouteau Bluff Oklahoma Gore Co: Wagoner OK 74935–9404 24 Bldgs. 2 Bldgs. Skiatook Lake Landholding Agency: COE Property Number: 31200340029 Taylor Ferry Skiatook OK 74070–9803 Ft. Gibson Co: Wagoner OK 74434 Landholding Agency: COE Status: Excess Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200340020 Property Number: 31200530011 Status: Excess Unsuitable Properties Status: Excess Reasons: Extensive deterioration Reasons: Extensive deterioration Building 40 Bldgs. 2 Bldgs. Eufaula Lake Oklahoma Bluff/Afton Landing Stigler OK 74462–5135 2 Bldgs. Ft. Gibson Co: Wagoner OK 74434 Landholding Agency: COE Newt Graham L Landholding Agency: COE Property Number: 31200340021 Gore OK 74935–9404 Property Number: 31200530012 Status: Excess Landholding Agency: COE Status: Excess Reasons: Extensive deterioration Property Number: 31200340030 Reasons: Extensive deterioration Unsuitable Properties Status: Excess Bldg. Reasons: Extensive deterioration Lake Office Building 6 Bldgs. Ft. Supply Co: Woodward OK 73841 Oklahoma Damsite/Fisherman’s Landing Landholding Agency: COE 2 Bldgs. Sallisaw OK 74955–9445 Property Number: 31200530013 Holiday Cove Landholding Agency: COE Status: Excess Stigler OK 74462–5135 Property Number: 31200340031 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess 4 Bldgs. Property Number: 31200340022 Reasons: Extensive deterioration Overlook PUA Status: Excess 10 Bldgs. Ft. Supply Co: Texas OK 73841 Reasons: Extensive deterioration Webbers Falls Lake Landholding Agency: COE 18 Bldgs. Gore OK 74435–5541 Property Number: 31200530014 Fort Gibson Landholding Agency: COE Status: Excess Ft. Gibson Co: Wagoner OK 74434–0370 Property Number: 31200340032 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess Unsuitable Properties Property Number: 31200340023 Reasons: Extensive deterioration Status: Excess 14 Bldgs. Building Reasons: Extensive deterioration Copan Lake Oklahoma 2 Bldgs. Copan OK 74022–9762 Bldg. Fort Supply Landholding Agency: COE Hugo Lake Ft. Supply Co: Woodward OK 73841–0248 Property Number: 31200340033 Sawyer Co: Chocktaw OK 74756 Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31200340024 Reasons: Extensive deterioration Property Number: 31200530015 Status: Excess Unsuitable Properties Status: Excess Reasons: Extensive deterioration Reasons: Extensive deterioration Building Game Bird House 2 Bldgs. Fort Supply Lake Oklahoma Sarge Creek PUA Ft. Supply Co: Woodward OK 73841–0248 Bldg. Ponca City Co: Kay OK 74601 Landholding Agency: COE Lower Storage Yard Landholding Agency: COE Property Number: 31200340025 Skiatook Co: Osage OK 74070 Property Number: 31200530016 Status: Excess Landholding Agency: COE Status: Excess Reasons: Extensive deterioration Property Number: 31200530007 Reasons: Extensive deterioration Unsuitable Properties Status: Excess 5 Bldgs. Reasons: Extensive deterioration Hawthorne Bluff Building 3 Bldgs. Oologah Co: Rogers OK 74053 Oklahoma Birch Cove PUA Landholding Agency: COE 11 Bldgs. Skiatook Co: Osage OK 74070 Property Number: 31200530017 Hugo Lake Landholding Agency: COE Status: Excess Sawyer OK 74756–0099 Property Number: 31200530008 Reasons: Extensive deterioration Landholding Agency: COE Status: Excess 12 Bldgs.

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Trout Stream PUAs Unsuitable Properties Status: Unutilized Gore Co: Sequoyah OK 74435 Reasons: Extensive deterioration Building Landholding Agency: COE Compound Property Number: 31200530018 Oklahoma Hugo Lake Status: Excess Bldgs. 41995, 56445, 41996 Hugo OK Reasons: Extensive deterioration WD Mayo Lock Landholding Agency: COE Spiro OK 74959 Property Number: 31200710017 Unsuitable Properties Landholding Agency: COE Status: Unutilized Building Property Number: 31200630014 Reasons: Extensive deterioration Status: Unutilized Oklahoma Oregon Reasons: Extensive deterioration 2 Floating Docks 14 Bldgs. Bldgs. 43263, 42364 Rogue River Chicken Creek PUAs Oologah Lake Gold Beach Co: Curry OR 97444 Gore Co: Cherokee OK 74435 Oologah OK 74053 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31200430015 Property Number: 31200530019 Property Number: 31200630015 Status: Excess Status: Excess Status: Unutilized Reasons: Floodway Reasons: Extensive deterioration Reasons: Extensive deterioration 2 Trailers 4 Bldgs. Bldg. John Day Project Snake Creek Area Webbers Falls Lake #1 West Marine Drive Gore Co: Sequoyah OK 74435 Webbers Falls OK Boardman Co: Morrow OR 97818 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31200630016 Property Number: 31200530020 Property Number: 31200510012 Status: Unutilized Status: Excess Status: Unutilized Reasons: Extensive deterioration Reasons: Extensive deterioration Reasons: Extensive deterioration Bldgs. 43523, 43820 3 Bldgs. Hugo Lake Unsuitable Properties Brewer’s Bend Sawyer OK 74756 Building Gore Co: Muskogee OK 74435 Landholding Agency: COE South Carolina Landholding Agency: COE Property Number: 31200630017 Property Number: 31200530021 Status: Unutilized Bldg. JST–18669 Status: Excess Reasons: Extensive deterioration Strom Thurmond Project Reasons: Extensive deterioration McCormick SC Unsuitable Properties Facility Landholding Agency: COE Hulah Lake Building Property Number: 31200710018 Copan Co: Osage OK 74022 Status: Unutilized Oklahoma Reasons: Extensive deterioration Landholding Agency: COE Bldg. South Dakota Property Number: 31200620025 Newt Graham Lock 18 Status: Excess Inola OK Mobile Home Reasons: Extensive deterioration Landholding Agency: COE Tract L–1295 Oahe Dam Unsuitable Properties Property Number: 31200640014 Status: Unutilized Potter SD 00000 Building Reasons: Extensive deterioration Landholding Agency: COE Property Number: 31200030001 Oklahoma Bldg. Kerr Lock 15 Status: Excess Bldg. Sallisaw OK 74955 Reasons: Extensive deterioration Webbers Falls Landholding Agency: COE Tennessee Muskogee OK 74435 Property Number: 31200640015 Bldg. 204 Landholding Agency: COE Status: Unutilized Property Number: 31200620026 Cordell Hull Lake and Dam Project Reasons: Extensive deterioration Defeated Creek Recreation Area Status: Excess 4 Bldgs. Carthage Co: Smith TN 37030 Reasons: Extensive deterioration Gore OK 74435 Landholding Agency: COE 24 Bldgs. Landholding Agency: COE Property Number: 31199011499 Hulah Lake Property Number: 31200640016 Status: Unutilized Copan OK Status: Unutilized Directions: US Highway 85 Landholding Agency: COE Directions: Afton Landing or Bluff Landing Reasons: Floodway Property Number: 31200630011 Reasons: Extensive deterioration Unsuitable Properties Status: Unutilized Pinecr-58321 Reasons: Extensive deterioration Pine Creek Lake Building Bldgs. 44760, 44707 Valiant OK Tennessee Canton Lake Landholding Agency: COE Property Number: 31200710015 Tract 2618 (Portion) Canton OK 73724 Cordell Hull Lake and Dam Project Landholding Agency: COE Status: Unutilized Reasons: Extensive deterioration Roaring River Recreation Area Property Number: 31200630012 Gainesboro Co: Jackson TN 38562 Status: Unutilized Unsuitable Properties Landholding Agency: COE Reasons: Extensive deterioration Property Number: 31199011503 Building Bldg. Status: Underutilized Skiatook Lake Oklahoma Directions: TN Highway 135 Skiatook OK 74070 KAW—58649 Reasons: Floodway Landholding Agency: COE Garrett’s Landing Water Treatment Plant Property Number: 31200630013 Kaw City OK Dale Hollow Lake Project Status: Unutilized Landholding Agency: COE Obey River Park, State Hwy 42 Reasons: Extensive deterioration Property Number: 31200710016 Livingston Co: Clay TN 38351

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Landholding Agency: COE Denison Co: Grayson TX 75020 Pines Military Housing Property Number: 31199140011 Landholding Agency: COE Spokane WA 99011 Status: Excess Property Number: 31200530022 Landholding Agency: Air Force Reasons: Other—water treatment plant Status: Excess Property Number: 18200710012 Water Treatment Plant Reasons: Extensive deterioration Status: Unutilized Directions: 8618, 8622, 8624, 8625, 8628, Dale Hollow Lake Project Unsuitable Properties Lillydale Recreation Area, State Hwy 53 8629 Livingston Co: Clay TN 38351 Building Reasons: Secured Area Landholding Agency: COE Texas Facilities 8637, 8632 Property Number: 31199140012 Fairchild AFB Status: Excess Bldg. 28 Pines Military Housing Reasons: Other—water treatment plant Texoma Lake Spokane WA 99011 Denison TX Landholding Agency: Air Force Unsuitable Properties Landholding Agency: COE Property Number: 18200710013 Property Number: 31200630020 Building Status: Unutilized Status: Unutilized Reasons: Secured Area Tennessee Reasons: Extensive deterioration 10 Facilities Water Treatment Plant Vermont Fairchild AFB Dale Hollow Lake Project Bldg. 110 Pines Military Housing Willow Grove Recreational Area, Hwy No. 53 Burlington IAP Spokane WA 99011 Livingston Co: Clay TN 38351 Chittenden VT 05403 Landholding Agency: Air Force Landholding Agency: COE Landholding Agency: Air Force Property Number: 31199140013 Property Number: 18200710014 Property Number: 18200710008 Status: Excess Status: Unutilized Status: Unutilized Reasons: Other—water treatment plant Directions: 8620, 8626, 8627, 8636, 8642, Reasons: Secured Area, within 2000 ft. of 8694, 8567, 8573, 8579, 8585 Comfort Station/Land flammable or explosive material Reasons: Secured Area Cook Campground Nashville Co: Davidson TN 37214 Virginia Unsuitable Properties Landholding Agency: COE PHL–188855, 16498, 16693 Building Property Number: 31200420024 Mize Point Campground Status: Unutilized Bassett VA 24055 Washington Reasons: Floodway Landholding Agency: COE Rec Storage Bldg. Tracts 915, 920, 931C–1 Property Number: 31200510014 Richland Parks Cordell Hull Dam/Reservoir Status: Unutilized Richland Co: Benton WA 99352 Cathage Co: Smith TN 37030 Reasons: Extensive deterioration Landholding Agency: COE Landholding Agency: COE Unsuitable Properties Property Number: 31200240019 Property Number: 31200430016 Status: Unutilized Status: Unutilized Building Reasons: Extensive deterioration Reasons: Other—landlocked, Floodway Washington Railroad Club Bldg. Residence #5 4 Facilities McNary Lock Proj 5050 Dale Hollow Dam Rd. Fairchild AFB Richland Co: Benton WA 99352 Celina Co: Clay TN 38551 Pines Military Housing Landholding Agency: COE Landholding Agency: COE Spokane WA 99011 Property Number: 31200410006 Property Number: 31200540010 Landholding Agency: Air Force Status: Excess Status: Unutilized Property Number: 18200710009 Reasons: Within 2000 ft. of flammable or Reasons: Other—landlocked Status: Unutilized explosive material Unsuitable Properties Directions: 8565, 8569, 8577, 8581 Bldgs. 437, 853 Reasons: Secured Area Naval Base Building 6 Facilities Bremerton Co: Kitsap WA 98310 Tennessee Fairchild AFB Landholding Agency: Navy Bldg. Pines Military Housing Property Number: 77200710018 Dale Hollow Lake Dam Spokane WA 99011 Status: Unutilized Celina Co: Clay TN 38551 Landholding Agency: Air Force Reasons: Secured Area Landholding Agency: COE Property Number: 18200710010 Bldg. 1039 Property Number: 31200610013 Status: Unutilized Naval Base Status: Unutilized Directions: 8630, 8634, 8638, 8639, 8640, Bremerton Co: Kitsap WA 98310 Reasons: Extensive deterioration 8644 Landholding Agency: Navy Texas Reasons: Secured Area Property Number: 77200710019 6 Facilities Status: Unutilized Comfort Station Fairchild AFB Reasons: Within 2000 ft. of flammable or Overlook PUA Pines Military Housing explosive material, Secured Area Powderly Co: Lamar TX 75473–9801 Spokane WA 99011 Landholding Agency: COE Unsuitable Properties Landholding Agency: Air Force Property Number: 31200240018 Building Status: Excess Property Number: 18200710011 Reasons: Extensive deterioration Status: Unutilized Washington Directions: 8571, 8575, 8583, 8587, 8692, 58 Bldgs. 8696 Bldgs. 1400, 1461 Texoma Lake Reasons: Secured Area Naval Base Denison TX 75020–6425 Bremerton Co: Kitsap WA 98310 Landholding Agency: COE Unsuitable Properties Landholding Agency: Navy Property Number: 31200340035 Property Number: 77200710020 Building Status: Excess Status: Unutilized Reasons: Extensive deterioration Washington Reasons: Within 2000 ft. of flammable or Bldg. 6 Facilities explosive material, Secured Area West Burns Run Park Fairchild AFB Bldg. 6026

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Naval Base Directions: Exit Mr. Parkway at the Stanton Landholding Agency: COE Bremerton Co: Kitsap WA 98310 and Slade Interchange, then take SR Hand Property Number: 31199011018 Landholding Agency: Navy 15 north to SR 613. Status: Underutilized Property Number: 77200710021 Reasons: Floodway Reasons: Within airport runway clear zone Status: Unutilized Unsuitable Properties Missouri Reasons: Secured Area Within 2000 ft. of Ditch 19, Item 2, Tract No. 230 flammable or explosive material Land St. Francis Basin Project Bldgs. 6608, 6609, 6904 Kentucky 21⁄2 miles west of Malden Naval Base Barren River Lock No. 1 null Co: Dunklin MO Bremerton Co: Kitsap WA 98310 Richardsville Co: Warren KY 42270 Landholding Agency: COE Landholding Agency: Navy Landholding Agency: COE Property Number: 31199130001 Property Number: 77200710022 Property Number: 31199120008 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Floodway Reasons: Secured Area Within 2000 ft. of Reasons: Floodway Ohio flammable or explosive material Green River Lock No. 3 Mosquito Creek Lake Unsuitable Properties Rochester Co: Butler KY 42273 Everett Hull Road Boat Launch Landholding Agency: COE Building Cortland Co: Trumbull OH 44410–9321 Property Number: 31199120009 Landholding Agency: COE West Virginia Status: Unutilized Property Number: 31199440007 CELRH–OR–BLN Directions: Off State Hwy. 369, which runs Status: Underutilized Hinton WV 25951 off of Western Ky. Parkway Reasons: Floodway Reasons: Floodway Landholding Agency: COE Unsuitable Properties Property Number: 31200640020 Green River Lock No. 4 Status: Unutilized Woodbury Co: Butler KY 42288 Land Reasons: Secured Area Landholding Agency: COE Ohio Property Number: 31199120014 Land Status: Underutilized Mosquito Creek Lake Kentucky Directions: Off State Hwy 403, which is off Housel—Craft Rd., Boat Launch Cortland Co: Trumbull OH 44410–9321 Tract 4626 State Hwy 231 Reasons: Floodway Landholding Agency: COE Barkley, Lake, Kentucky and Tennessee Property Number: 31199440008 Donaldson Creek Launching Area Green River Lock No. 5 Status: Underutilized Cadiz Co: Trigg KY 42211 Readville Co: Butler KY 42275 Reasons: Floodway Landholding Agency: COE Landholding Agency: COE 36 Site Campground Property Number: 31199010030 Property Number: 31199120015 German Church Campground Status: Underutilized Status: Unutilized Berlin Center Co: Portage OH 44401–9707 Directions: 14 miles from U.S. Highway 68 Directions: Off State Highway 185 Landholding Agency: COE Reasons: Floodway Reasons: Floodway Property Number: 31199810001 Tract AA–2747 Unsuitable Properties Status: Unutilized Wolf Creek Dam and Lake Cumberland Reasons: Floodway US HWY. 27 to Blue John Road Land Pennsylvania Burnside Co: Pulaski KY 42519 Kentucky Landholding Agency: COE Lock and Dam #7 Green River Lock No. 6 Property Number: 31199010038 Monongahela River Brownsville Co: Edmonson KY 42210 Status: Underutilized Greensboro Co: Greene PA Landholding Agency: COE Reasons: Floodway Landholding Agency: COE Property Number: 31199120016 Property Number: 31199011564 Unsuitable Properties Status: Underutilized Status: Unutilized Directions: Off State Highway 259 Land Directions: Left hand side of entrance Reasons: Floodway, Vacant land west of roadway to project Kentucky locksite Reasons: Floodway Tract AA–2726 Greenup Locks and Dam Mercer Recreation Area Wolf Creek Dam and Lake Cumberland 5121 New Dam Road Shenango Lake KY HWY. 80 to Route 769 Rural Co: Greenup KY 41144 Transfer Co: Mercer PA 16154 Burnside Co: Pulaski KY 42519 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31199120017 Property Number: 31199810002 Property Number: 31199010039 Status: Unutilized Status: Unutilized Status: Underutilized Reasons: Floodway Reasons: Floodway Reasons: Floodway Maryland Unsuitable Properties Tract 1358 Tract 131R Barkley Lake, Kentucky and Tennessee Youghiogheny River Lake, Rt. 2, Box 100 Land Eddyville Recreation Area Friendsville Co: Garrett MD Pennsylvania Eddyville Co: Lyon KY 42038 Landholding Agency: COE Tract No. B–212C Landholding Agency: COE Property Number: 31199240007 Property Number: 31199010043 Upstream from Gen. Jadwin Dam Status: Underutilized Honesdale Co: Wayne PA 18431 Status: Excess Reasons: Floodway Directions: US Highway 62 to state highway Landholding Agency: COE 93 Unsuitable Properties Property Number: 31200020005 Reasons: Floodway Status: Unutilized Land Reasons: Floodway Red River Lake Project Stanton Co: Powell KY 40380 Mississippi Tennessee Landholding Agency: Parcel 1 Brooks Bend COE Grenada Lake Cordell Hull Dam and Reservoir Property Number: 31199011684 Section 20 Highway 85 to Brooks Bend Road Status: Unutilized Grenada Co: Grenada MS 38901–0903 Gainesboro Co: Jackson TN 38562

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Landholding Agency: COE Status: Underutilized Landholding Agency: COE Property Number: 21199040413 Directions: Sullivan Bend Road Property Number: 31199011490 Status: Underutilized Reasons: Floodway Status: Unutilized Directions: Tracts 800, 802–806, 835–837, Directions: TN Highway 85 900–902, 1000–1003, 1025 Unsuitable Properties Reasons: Floodway Reasons: Floodway Land Tracts 2117C, 2118 and 2120 Cheatham Lock and Dam Tennessee Cordell Hull Lake and Dam Project Highway 12 Trace Creek Ashland City Co: Cheatham TN 37015 Tracts 1710, 1716 and 1703 Gainesboro Co: Jackson TN 38562 Landholding Agency: COE Flynns Lick Launching Ramp Landholding Agency: COE Property Number: 21199040415 Cordell Hull Lake and Dam Project Property Number: 31199011491 Status: Underutilized Gainesboro Co: Jackson TN 38562 Status: Unutilized Directions: Tracts E–513, E–512–1 and E– Landholding Agency: COE Directions: Brooks Ferry Road 512–2 Property Number: 31199011484 Reasons: Floodway Status: Underutilized Reasons: Floodway Tracts 424, 425 and 426 Directions: Whites Bend Road Cordell Hull Lake and Dam Project Unsuitable Properties Reasons: Floodway Stone Bridge Land Tract 1810 Carthage Co: Smith TN 37030 Wartrace Creek Launching Ramp Tennessee Landholding Agency: COE Cordell Hull Lake and Dam Project Property Number: 31199011492 Tract 2321 Gainesboro Co: Jackson TN 38551 Status: Unutilized J. Percy Priest Dam and Reservoir Landholding Agency: COE Directions: Sullivan Bend Road Murfreesboro Co: Rutherford TN 37130 Property Number: 31199011485 Reasons: Floodway Landholding Agency: COE Status: Underutilized Property Number: 31199010935 Directions: TN Highway 85 Unsuitable Properties Status: Excess Reasons: Floodway Land Directions: South of Old Jefferson Pike Tract 2524 Reasons: Other—landlocked Jennings Creek Tennessee Tract 6737 Cordell Hull Lake and Dam Project Tract 517 Blue Creek Recreation Area Gainesboro Co: Jackson TN 38562 J. Percy Priest Dam and Reservoir Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Suggs Creek Embayment Dover Co: Stewart TN 37058 Property Number: 31199011486 Nashville Co: Davidson TN 37214 Landholding Agency: COE Status: Unutilized Landholding Agency: COE Property Number: 31199011478 Directions: TN Highway 85 Property Number: 31199011493 Status: Underutilized Reasons: Floodway Status: Underutilized Directions: U.S. Highway 79/TN Highway Directions: Interstate 40 to S. Mount Juliet 761 Unsuitable Properties Road. Reasons: Floodway Land Reasons: Floodway Tracts 3102, 3105, and 3106 Tennessee Tract 1811 Brimstone Launching Area West Fork Launching Area Cordell Hull Lake and Dam Project Tracts 2905 and 2907 Smyrna Co: Rutherford TN 37167 Gainesboro Co: Jackson TN 38562 Webster Landholding Agency: COE Landholding Agency: COE Cordell Hull Lake and Dam Project Property Number: 31199011494 Property Number: 31199011479 Gainesboro Co: Jackson TN 38551 Status: Underutilized Status: Excess Landholding Agency: COE Directions: Florence Road near Enon Springs Directions: Big Bottom Road Property Number: 31199011487 Road Reasons: Floodway Status: Unutilized Reasons: Floodway Directions: Big Bottom Road Tract 1504 Unsuitable Properties Reasons: Floodway J. Perry Priest Dam and Reservoir Land Tracts 2200 and 2201 Lamon Hill Recreation Area Gainesboro Airport Tennessee Smyrna Co: Rutherford TN 37167 Cordell Hull Lake and Dam Project Landholding Agency: COE Tract 3507 Gainesboro Co: Jackson TN 38562 Property Number: 31199011495 Proctor Site Landholding Agency: COE Status: Underutilized Cordell Hull Lake and Dam Project Property Number: 31199011488 Directions: Lamon Road Celina Co: Clay TN 38551 Status: Underutilized Reasons: Floodway Landholding Agency: COE Directions: Big Bottom Road Property Number: 31199011480 Reasons: Within airport runway clear zone, Unsuitable Properties Status: Unutilized Floodway Land Directions: TN Highway 52 Tracts 710C and 712C Reasons: Floodway Tennessee Sullivan Island Tract 3721 Cordell Hull Lake and Dam Project Tract 1500 Obey Carthage Co: Smith TN 37030 J. Perry Priest Dam and Reservoir Cordell Hull Lake and Dam Project Landholding Agency: COE Pools Knob Recreation Celina Co: Clay TN 38551 Property Number: 31199011489 Smyrna Co: Rutherford TN 37167 Landholding Agency: COE Status: Unutilized Landholding Agency: COE Property Number: 31199011481 Directions: Sullivan Bend Road Property Number: 31199011496 Status: Unutilized Reasons: Floodway Status: Underutilized Directions: TN Highway 53 Directions: Jones Mill Road Reasons: Floodway Unsuitable Properties Reasons: Floodway Tracts 608, 609, 611 and 612 Land Tracts 245, 257, and 256 Sullivan Bend Launching Area J. Perry Priest Dam and Reservoir Cordell Hull Lake and Dam Project Tennessee Cook Recreation Area Carthage Co: Smith TN 37030 Tract 2403, Hensley Creek Nashville Co: Davidson TN 37214 Landholding Agency: COE Cordell Hull Lake and Dam Project Landholding Agency: COE Property Number: 31199011482 Gainesboro Co: Jackson TN 38562 Property Number: 31199011497

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Status: Underutilized Tract A–142, Old Hickory Beach Granger Lake Directions: 2.2 miles south of Interstate 40 Old Hickory Blvd. Route 1, Box 172 near Saunders Ferry Pike. Old Hickory Co: Davidson TN 37138 Granger Co: Williamson TX 76530–9801 Reasons: Floodway Landholding Agency: COE Landholding Agency: COE Tracts 107, 109 and 110 Property Number: 31199130008 Property Number: 31199010401 Cordell Hull Lake and Dam Project Status: Underutilized Status: Unutilized Two Prong Reasons: Floodway Reasons: Floodway Carthage Co: Smith TN 37030 Unsuitable Properties Landholding Agency: COE Unsuitable Properties Land Property Number: 31199011498 Land Status: Unutilized Tennessee Directions: US Highway 85 Texas Tract D, 7 acres Reasons: Floodway Cheatham Lock Tract 706 Unsuitable Properties Nashville Co: Davidson TN 37207 Granger Lake Landholding Agency: COE Route 1, Box 172 Land Property Number: 31200020006 Granger Co: Williamson TX 76530–9801 Tennessee Status: Underutilized Landholding Agency: COE Property Number: 31199010402 Tracts 2919 and 2929 Reasons: Floodway Cordell Hull Lake and Dam Project Tract F–608 Status: Unutilized Sugar Creek Cheatham Lock Reasons: Floodway Gainesboro Co: Jackson TN 38562 Ashland Co: Cheatham TN 37015 Washington Landholding Agency: COE Landholding Agency: COE Property Number: 31199011500 Property Number: 31200420021 2.8 acres Status: Unutilized Status: Unutilized Tract P–1003 Directions: Sugar Creek Road Reasons: Floodway Kennewick Co: Benton WA 99336 Reasons: Floodway Tracts G702–G706 Landholding Agency: COE Property Number: 31200240020 Tracts 1218 and 1204 Cheatham Lock Cordell Hull Lake and Dam Project Ashland Co: Cheatham TN 37015 Status: Excess Granville—Alvin Yourk Road Landholding Agency: COE Reasons: Within 2000 ft. of flammable or Granville Co: Jackson TN 38564 Property Number: 31200420022 explosive material Landholding Agency: COE Status: Unutilized West Virginia Reasons: Floodway Property Number: 31199011501 Morgantown Lock and Dam Status: Unutilized 6 Tracts Box 3 RD # 2 Reasons: Floodway Shutes Branch Campground Morgantown Co: Monongahelia WV 26505 Tract 2100 Lakewood Co: Wilson TN Landholding Agency: COE Landholding Agency: COE Cordell Hull Lake and Dam Project Property Number: 31199011530 Galbreaths Branch Property Number: 31200420023 Status: Unutilized Status: Unutilized Gainesboro Co: Jackson TN 38562 Reasons: Floodway Landholding Agency: COE Reasons: Floodway Property Number: 31199011502 Unsuitable Properties Unsuitable Properties Status: Unutilized Directions: TN Highway 53 Land Land Reasons: Floodway Texas West Virginia Unsuitable Properties Tracts 104, 105–1, 105–2 London Lock and Dam Joe Pool Lake Route 60 East Land null Co: Dallas TX Rural Co: Kanawha WV 25126 Tennessee Landholding Agency: COE Landholding Agency: COE Tract 104 et al. Property Number: 31199010397 Property Number: 31199011690 Cordell Hull Lake and Dam Project Status: Underutilized Status: Unutilized Horshoe Bend Launching Area Reasons: Floodway Directions: 20 miles east of Charleston, W. Carthage Co: Smith TN 37030 Part of Tract 201–3 Virginia. Landholding Agency: COE Joe Pool Lake Reasons: Other—.03 acres; very narrow strip Property Number: 31199011504 null Co: Dallas TX of land Status: Underutilized Landholding Agency: COE Portion of Tract #101 Directions: Highway 70 N Property Number: 31199010398 Buckeye Creek Reasons: Floodway Status: Underutilized Sutton Co: Braxton WV 26601 Tracts 510, 511, 513 and 514 Reasons: Floodway Landholding Agency: COE J. Percy Priest Dam and Reservoir Project Part of Tract 323 Property Number: 31199810006 Lebanon Co: Wilson TN 37087 Joe Pool Lake Status: Excess Landholding Agency: COE null Co: Dallas TX Reasons: Other—inaccessible Property Number: 31199120007 Landholding Agency: COE Summary for Unsuitable Properties = Total Status: Underutilized Property Number: 31199010399 number of Properties 1226 Directions: Vivrett Creek Launching Area, Status: Underutilized Alvin Sperry Road Reasons: Floodway [FR Doc. E7–2490 Filed 2–15–07; 8:45 am] Reasons: Floodway Tract 702–3 BILLING CODE 4210–67–P

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Reader Aids Federal Register Vol. 72, No. 32 Friday, February 16, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

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. 98...... 6490 Presidential Documents 2 CFR Executive orders and proclamations 741–6000 Ch. XXV...... 4943 10 CFR The United States Government Manual 741–6000 3254...... 6141 72...... 4615, 5595 Other Services 3 CFR 73...... 4945 Proposed Rules: Electronic and on-line services (voice) 741–6020 Proclamations: Privacy Act Compilation 741–6064 8097...... 6670 40...... 5348 72...... 4660, 5348 Public Laws Update Service (numbers, dates, etc.) 741–6043 8104...... 5323 8105...... 5913 74...... 5348 TTY for the deaf-and-hard-of-hearing 741–6086 150...... 5348 Executive Orders: 170...... 5108 13396 (See Notice of ELECTRONIC RESEARCH 171...... 5108 Feb. 5, 2007) ...... 5593 430...... 6184 World Wide Web Administrative Orders: 431...... 6186 Memorandums: Full text of the daily Federal Register, CFR and other publications Memorandum of is located at: http://www.gpoaccess.gov/nara/index.html 11 CFR January 25, 2007 ...... 5149 Federal Register information and research tools, including Public 100...... 5595 Memoradum of 111...... 7551 Inspection List, indexes, and links to GPO Access are located at: February 5, 2007 ...... 6917 http://www.archives. gov/federallregister Memorandum of 12 CFR E-mail February 9, 2007 ...... 7343 Notices: 611...... 5606 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Notice of February 5, 612...... 5606 an open e-mail service that provides subscribers with a digital 2007 ...... 5593 613...... 5606 form of the Federal Register Table of Contents. The digital form 614...... 5606 of the Federal Register Table of Contents includes HTML and 5 CFR 615...... 5606 PDF links to the full text of each document. 890...... 5151, 7345 Proposed Rules: 354...... 5217 To join or leave, go to http://listserv.access.gpo.gov and select 950...... 6142 Online mailing list archives, FEDREGTOC-L, Join or leave the list 6 CFR 13 CFR (or change settings); then follow the instructions. 13...... 6143 123...... 5607 PENS (Public Law Electronic Notification Service) is an e-mail service that notifies subscribers of recently enacted laws. 7 CFR 14 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 301...... 4945, 6433 1...... 7346 and select Join or leave the list (or change settings); then follow 920...... 7547 23 ...... 4618, 5915, 5917 the instructions. 958...... 7549 39 ...... 4625, 4633, 4635, 4948, FEDREGTOC-L and PENS are mailing lists only. We cannot 966...... 5327 5157, 5160, 5164, 5919, respond to specific inquiries. 1416...... 6435 5921, 5923, 5925, 6457, 1496...... 6450 6459, 6461, 6919, 6921, Reference questions. Send questions and comments about the 3550...... 5153 6923, 6925, 6927, 6928, Federal Register system to: [email protected] Proposed Rules: 6931, 6933, 7554, 7555, The Federal Register staff cannot interpret specific documents or 930...... 5646 7559, 7561, 7563, 7566, regulations. 1000...... 6179 7568, 7572, 7576, 7578, 1001...... 6179 7581 61...... 6884 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 1005...... 6179 1006...... 6179 71 ...... 5607, 5608, 5609, 5610, 4615–4942...... 1 1007...... 6179 5611, 5612, 6462 4943–5148...... 2 1030...... 6179 91...... 6689, 6884 97...... 4950, 4952 5149–5326...... 5 1032...... 6179 119...... 6884 5327–5594...... 6 1033...... 6179 1124...... 6179 121...... 6884, 7346 5595–5912...... 7 1126...... 6179 135...... 6884, 7346 5913–6140...... 8 1131...... 6179 136...... 6884 6141–6432...... 9 Proposed Rules: 6433–6688...... 12 8 CFR 1...... 6968 6689–6918...... 13 Proposed Rules: 21...... 6968 6919–7344...... 14 103...... 4888 23...... 4661 7345–7546...... 15 39 ...... 4663, 4964, 5359, 5362, 9 CFR 7547–7736...... 16 5364, 6500, 6973, 6975, Proposed Rules: 6977, 6980, 6982, 7355, 92...... 6490 7357 93...... 6490 43...... 6968 94...... 6490 45...... 6968

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61...... 5806 500...... 7224 Proposed Rules: 31...... 6882 71...... 6501 773...... 6464 1...... 7583 32...... 6882 91...... 5806 2...... 6984 52...... 6882 121...... 5366 24 CFR 211...... 6480 125...... 5366 28...... 5586 38 CFR 213...... 6484 135...... 5366 30...... 5586 3...... 6958 225...... 6484 141...... 5806 81...... 5586 59...... 6959 233...... 6485 180...... 5586 Proposed Rules: 237...... 6485 15 CFR 3282...... 5586 17...... 6696 252...... 6480, 6486 801...... 5167, 5169 3500...... 5586 511...... 4649 902...... 6144 39 CFR 516...... 4649 25 CFR Proposed Rules: 532...... 4649 16 CFR Proposed Rules: 111...... 7587 538...... 4649 Proposed Rules: 502...... 7359 3001...... 5230 546...... 4649 305...... 6836 546...... 7359 552...... 4649 547...... 7360 40 CFR Proposed Rules: 17 CFR 2...... 4675, 7588 26 CFR 52...... 4641, 5932 38...... 6936 55...... 5936 3...... 7588 1 ...... 4955, 5174, 6155 Proposed Rules: 60...... 4641 4...... 4675 602...... 5174, 6155 232...... 6676 62...... 5940 5...... 4675 239...... 6676 Proposed Rules: 86...... 6049 13...... 4675 1 ...... 5228, 6190, 7560 240...... 6378 180 ...... 4963, 5621, 5624 52...... 7588 20...... 7560 249b...... 6378 261...... 4645 204...... 6515 25...... 7560 270...... 6676 600...... 6049 212...... 6515 31...... 7560 274...... 6676 Proposed Rules: 252...... 6515 53...... 7560 49...... 5944 Ch. 7 ...... 6812 18 CFR 54...... 7560 51...... 5944 56...... 7560 52 ...... 4671, 4674, 5232, 5946, 35...... 5171 301...... 6984, 7361 49 CFR 50...... 5613 6986, 7361 71...... 6170 157...... 5614 60 ...... 4674, 5510, 6320 27 CFR 192...... 4655 366...... 5171 62...... 5946 9...... 6165 195...... 4655 375...... 5171 80...... 4966 613...... 7224 380...... 5613 81...... 6986 29 CFR 1515...... 5632 Proposed Rules: 1603...... 5616 41 CFR 1540...... 5632 2...... 7583 1610...... 5616 102-76...... 5942 1572...... 5632 33...... 7583 1910...... 7136 365...... 7583 Proposed Rules: 2550...... 6473, 7516 42 CFR 371...... 5947 366...... 7583 2578...... 7516 Proposed Rules: 375...... 5947 410...... 6509 4022...... 7349 412...... 4776, 5507 386...... 5947 4044...... 7349 21 CFR 413...... 4776, 5507 387...... 5947 571...... 5385 510...... 5329 30 CFR 43 CFR 604...... 7526 520...... 6463 943...... 5330 1243...... 4676 522...... 7348 1820...... 6480 Proposed Rules: 1520...... 7376 524...... 5929, 6463 914...... 5374 44 CFR 1580...... 7376 529...... 5329 926...... 5377 64...... 5630 558...... 4954 938...... 5380 864...... 4637 67...... 5197, 7351 50 CFR Proposed Rules: 31 CFR Proposed Rules: 17...... 6052 20...... 5944 500...... 4960 67 ...... 5239, 5247, 6192, 7365 91...... 6487 101...... 5367 45 CFR 223...... 5633 201...... 5944 33 CFR 229...... 4657, 5214 207...... 5944 100...... 5333 620...... 4943 300...... 6144 314...... 5944 104...... 5930 689...... 4943 404...... 5642 330...... 5944 110...... 6690 1154...... 6141 622...... 5345 514...... 5944 117 .....4961, 5333, 5617, 6692, 635...... 5633, 6966 46 CFR 515...... 5944 7351, 7581, 7582 648...... 5643 601...... 5944 120...... 5930 296...... 5342 679 .....5346, 5644, 6177, 6178, 607...... 5944 155...... 6168 6694, 7353, 7354 47 CFR 610...... 5944 165 ...... 4639, 5333, 5619 Proposed Rules: 1271...... 5944 Proposed Rules: 0...... 5631 17 ...... 4967, 5552, 5856, 6106, 100...... 4669, 6510 15...... 5632 6699, 6703, 6998, 7381 22 CFR 110...... 5382 64...... 6960 223...... 5648, 7382 126...... 5614 165...... 6512 300...... 5652 48 CFR 665...... 7385 23 CFR 37 CFR 12...... 6882 679...... 5654 450...... 7224 201...... 5931 22...... 6882 680...... 5255

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REMINDERS 2-20-07; published 12-22-06 published 1-31-07 [FR Metconazole; comments due The items in this list were [FR E6-21910] E7-01436] by 2-20-07; published 12- editorially compiled as an aid Potato research and promotion ENVIRONMENTAL 20-06 [FR E6-21493] to Federal Register users. plan; comments due by 2- PROTECTION AGENCY Myclobutanil; comments due Inclusion or exclusion from 20-07; published 12-22-06 Air pollutants, hazardous; by 2-20-07; published 12- this list has no legal [FR E6-21911] national emission standards: 20-06 [FR E6-21489] significance. Spearmint oil produced in Far Portland cement Superfund program: West; comments due by 2- manufacturing industry; National oil and hazardous 21-07; published 1-22-07 comments due by 2-20- substances contingency RULES GOING INTO [FR E7-00764] 07; published 12-20-06 plan priorities list; EFFECT FEBRUARY 16, COMMERCE DEPARTMENT [FR E6-21404] comments due by 2-20- 2007 Air pollution; standards of 07; published 1-19-07 [FR International Trade E7-00694] Administration performance for new AGRICULTURE stationary sources: Superfund: Watches, watch movements, DEPARTMENT National oil and hazardous and jewelry: Electric utility steam Grain Inspection, Packers generating units; Federal substances contingency and Stockyards Insular Possessions Watch, requirements and plan priorities list; Administration Watch Movement, and revisions; comments due comments due by 2-20- Rice inspection services; fees Jewelry Programs; watch by 2-20-07; published 12- 07; published 1-18-07 [FR increase; published 1-17-07 duty-exemption allocations 22-06 [FR E6-21573] E7-00537] and watch and jewelry COMMERCE DEPARTMENT Air quality implementation FEDERAL HOUSING duty-refund benefits; plans; approval and FINANCE BOARD National Oceanic and comments due by 2-23- promulgation; various Atmospheric Administration 07; published 1-24-07 [FR Federal home loan bank States; air quality planning Fishery conservation and 07-00294] system: management: purposes; designation of Bank director eligibility, COMMERCE DEPARTMENT Alaska; fisheries of areas: appointment, and Exclusive Economic National Oceanic and Arizona; comments due by elections; comments due Zone— Atmospheric Administration 2-23-07; published 1-24- by 2-23-07; published 1- Pacific cod; published 2- Endangered and threatened 07 [FR E7-00996] 24-07 [FR 07-00271] 20-07 species: Texas; comments due by 2- HEALTH AND HUMAN Pollock; published 2-6-07 Sea turtle conservation— 22-07; published 1-23-07 SERVICES DEPARTMENT [FR E7-00925] FEDERAL ELECTION Observer requirements; Centers for Medicare & COMMISSION comments due by 2-20- Air quality implementation Medicaid Services plans; approval and Compliance procedures: 07; published 12-20-06 Medicaid: promulgation; various [FR E6-21739] Prescription drugs; Probable cause hearings; States: pilot program; published Fishery conservation and comments due by 2-20- Ohio; comments due by 2- 2-16-07 management: 07; published 12-22-06 22-07; published 1-23-07 Alaska; fisheries of [FR 06-09792] PERSONNEL MANAGEMENT [FR E7-00923] Exclusive Economic HEALTH AND HUMAN OFFICE National Environmental Policy Zone— SERVICES DEPARTMENT Health benefits, Federal Act; procedures for employees: Pollock; comments due by implementation and Food and Drug Emergency health plan 2-23-07; published 2-13- assessing environmental Administration discontinuance; published 07 [FR 07-00638] effects abroad of EPA Administrative rulings and 1-17-07 Northeastern United States actions; comments due by decisions: TRANSPORTATION fisheries— 2-20-07; published 12-19-06 Ozone-depleting substances DEPARTMENT Summer flounder; [FR E6-21402] use; designations; Federal Aviation comments due by 2-20- Pesticides; tolerances in food, removed; comments due Administration 07; published 1-19-07 animal feeds, and raw by 2-20-07; published 12- Airworthiness directives: [FR 07-00231] agricultural commodities: 7-06 [FR E6-20796] Boeing; published 2-1-07 West Coast States and Acibenzolar-S-methyl, etc.; Ozone-depleting substances use; essential-use Bombardier; published 1-12- Western Pacific comments due by 2-20- designations; removed; 07 fisheries— 07; published 12-20-06 Pacific Coast salmon; [FR E6-21506] comments due by 2-20- comments due by 2-20- 07; published 12-7-06 [FR COMMENTS DUE NEXT Azoxystrobin; comments due 07; published 12-20-06 by 2-20-07; published 12- E6-20797] WEEK [FR E6-21742] 20-06 [FR E6-21498] HOMELAND SECURITY CONSUMER PRODUCT Boscalid; comments due by DEPARTMENT AGENCY FOR SAFETY COMMISSION 2-20-07; published 12-20- Privacy Act; systems of INTERNATIONAL 06 [FR E6-21491] records; comments due by DEVELOPMENT Consumer Product Safety Act: Dimethomorph; comments 2-20-07; published 1-18-07 Federal Acquisition Regulation Automatic residential garage [FR 07-00191] door operators; safety due by 2-20-07; published (FAR): 12-20-06 [FR E6-21499] HOMELAND SECURITY Mentor-Protege Program standard; comments due by 2-20-07; published 1- Flucarbazone-sodium; DEPARTMENT Correction; comments due 18-07 [FR E7-00580] comments due by 2-20- Transportation Security by 2-22-07; published 07; published 12-22-06 Administration ENERGY DEPARTMENT 12-7-06 [FR E6-20782] [FR E6-21843] Rail transportation security; AGRICULTURE Climate change: Fluroxypr; comments due by sensitive security information DEPARTMENT Voluntary Greenhouse Gas 2-20-07; published 12-20- protection; comments due Agricultural Marketing reporting Program— 06 [FR 06-09765] by 2-20-07; published 12- Service General guidelines; Glyphosate; comments due 21-06 [FR E6-21512] Avocados grown in South correction; comments by 2-20-07; published 12- Rail transportation security; Florida; comments due by due by 2-20-07; 20-06 [FR E6-21490] sensitive security information

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protection; comments due comments due by 2-20- Airworthiness standards: session of Congress which by 2-20-07; published 2-15- 07; published 12-21-06 Special conditions— have become Federal laws. It 07 [FR 07-00715] [FR E6-21799] Piper Aircraft, Inc.; PA-32- may be used in conjunction INTERIOR DEPARTMENT NATIONAL ARCHIVES AND R-301T, Saratoga II TC, with ‘‘PLUS’’ (Public Laws Update Service) on 202–741– Fish and Wildlife Service RECORDS ADMINISTRATION and PA-32-301FT, Piper Grants and agreements: 6X series airplanes; 6043. This list is also Endangered and threatened available online at http:// species: Nonprocurement debarment comments due by 2-23- 07; published 1-24-07 www.archives.gov/federal- Black stilt, etc.; comments and suspension; OMB [FR E7-01018] register/laws.html. due by 2-20-07; published guidance; implementation; 11-22-06 [FR E6-19721] comments due by 2-22- TRANSPORTATION The text of laws is not 07; published 1-23-07 [FR Virginia northern flying DEPARTMENT published in the Federal E7-00986] squirrel; delisting; Federal Motor Carrier Safety Register but may be ordered comments due by 2-20- NUCLEAR REGULATORY Administration in ‘‘slip law’’ (individual 07; published 12-19-06 COMMISSION Motor carrier safety standards: pamphlet) form from the Superintendent of Documents, [FR E6-21530] Nuclear power reactors; New entrant safety U.S. Government Printing INTERIOR DEPARTMENT security requirements; assurance process; Office, Washington, DC 20402 comments due by 2-23-07; comments due by 2-20- Watches, watch movements, (phone, 202–512–1808). The published 1-5-07 [FR E6- 07; published 12-21-06 and jewelry: text will also be made 22581] [FR 06-09759] Insular Possessions Watch, available on the Internet from TRANSPORTATION Watch Movement, and TRANSPORTATION GPO Access at http:// DEPARTMENT Jewelry Programs; watch DEPARTMENT www.gpoaccess.gov/plaws/ duty-exemption allocations Economic regulations: Pipeline and Hazardous index.html. Some laws may and watch and jewelry Air carriers, U.S. and Materials Safety not yet be available. duty-refund benefits; foreign; airline data Administration comments due by 2-23- submission via internet (e- Hazardous materials H.R. 188/P.L. 110–3 07; published 1-24-07 [FR filing); comments due by transportation: To provide a new effective 07-00294] 2-20-07; published 12-20- Rail transportation safety date for the applicability of 06 [FR E6-21599] JUSTICE DEPARTMENT and security; certain provisions of law to Prisons Bureau TRANSPORTATION enhancement; comments Public Law 105-331. (Feb. 8, Inmate control, custody, care, DEPARTMENT due by 2-20-07; published 2007; 121 Stat. 6) etc.: Federal Aviation 12-21-06 [FR E6-21518] Last List February 6, 2007 Administration Reduction in sentence for Rail transportation safety medical reasons; Airworthiness directives: and security; comments due by 2-20- Airbus; comments due by 2- enhancement; public 07; published 12-21-06 20-07; published 1-19-07 meeting; comments due Public Laws Electronic [FR E6-21772] [FR E7-00702] by 2-20-07; published 1- Notification Service 10-07 [FR E7-00131] (PENS) LABOR DEPARTMENT Boeing; comments due by Employment and Training 2-20-07; published 1-3-07 TRANSPORTATION [FR E6-22469] DEPARTMENT Administration PENS is a free electronic mail CFM International, S.A.; Saint Lawrence Seaway Workforce Investment Act; notification service of newly comments due by 2-20- Development Corporation miscellaneous amendments; enacted public laws. To 07; published 12-19-06 comments due by 2-20-07; Seaway regulations and rules: subscribe, go to http:// [FR E6-21485] published 12-20-06 [FR E6- Miscellaneous amendments; listserv.gsa.gov/archives/ 21766] Empresa Brasileira de comments due by 2-21- publaws-l.html Aeronautics S.A. LABOR DEPARTMENT 07; published 1-22-07 [FR (EMBRAER); comments E7-00814] Note: This service is strictly Occupational Safety and due by 2-20-07; published for E-mail notification of new Health Administration 1-26-07 [FR E7-01215] laws. The text of laws is not Safety and health standards, Reims Aviation S.A.; LIST OF PUBLIC LAWS available through this service. etc.: comments due by 2-23- PENS cannot respond to Standards Improvement 07; published 1-24-07 [FR This is a continuing list of specific inquiries sent to this Project (Phase III); E7-00774] public bills from the current address.

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