10–23–07 Tuesday Vol. 72 No. 204 Oct. 23, 2007

Pages 59939–60226

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Contents Federal Register Vol. 72, No. 204

Tuesday, October 23, 2007

Administration on Aging Education Department See Aging Administration NOTICES General Education Provisions Act; implementation: Agency for International Development Puerto Rico; compliance agreement, 60186–60199 NOTICES Virgin Islands; compliance agreement, 60202–60219 Reports and guidance documents; availability, etc.: Food for Peace P.L. 480 Title II Program policies and Energy Department proposal guidelines (2008 FY), 59999 See Federal Energy Regulatory Commission Senior Executive Service Performance Review Board; RULES membership, 59999 Loan guarantees for projects that employ innovative technologies, 60116–60145 NOTICES Agency for Toxic Substances and Disease Registry Nuclear Waste Policy Act; implementation: NOTICES State and Indian Tribe local public safety officials— Superfund program: Spent nuclear fuel or high-level radioactive waste; safe Hazardous substances priority list (toxicological profiles), routine transportation and emergency response 60020–60021 training; technical and financial assistance, 60009– 60010 Aging Administration Reports and guidance documents; availability, etc.: NOTICES Contractor employee pension and medical benefits Grants and cooperative agreements; availability, etc.: reimbursement policy; public comments summary, Older Americans Act— 60009 Native American, Native Hawaiian, and Native American Caregiver Support Programs, 60021– Engineers Corps 60022 NOTICES Environmental statements; notice of intent: Agriculture Department Washington County, PA; Southern Beltway See Forest Service Transportation Project, 60008–60009 NOTICES Agency information collection activities; proposals, Environmental Protection Agency submissions, and approvals, 59999–60000 RULES Air programs: Army Department Outer Continental Shelf regulations— See Engineers Corps California; consistency update, 59947–59951 NOTICES Coast Guard Agency information collection activities; proposals, RULES submissions, and approvals, 60012–60016 Ports and waterways safety; regulated navigation areas, Toxic and hazardous substances control: safety zones, security zones, etc.: Citizens’ petitions— Boston Harbor, Boston, MA, 59944–59947 Sierra Club et al., 60016–60018 Executive Office of the President Commerce Department See Presidential Documents See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness standards: Normal, utility, acrobatic, and commuter category Copyright Office, Library of Congress airplanes— NOTICES Emergency landing conditions; CFR correction, 59939 Copyright office and procedures: PROPOSED RULES Cable statutory license; specialty station list, 60029– Airworthiness directives: 60030 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 59967–59969 Defense Department McDonnell Douglas, 59969–59971 See Engineers Corps Restricted areas, 59971–59973 NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Meetings: Secretary of the Navy Advisory Panel, 60007–60008 RTCA, Inc., 60052–60053 Meetings: Reports and guidance documents; availability, etc.: National Defense University Board of Visitors, 60008 Environmental Desk Reference for Airport Actions, 60053

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Federal Election Commission Forest Service PROPOSED RULES PROPOSED RULES Presidential election campaign fund: National Forest System lands: Candidate travel, 59953–59967 Unauthorized mineral operations; criminal citation issuance; clarification, 59979 Federal Energy Regulatory Commission NOTICES RULES Meetings: Natural gas companies (Natural Gas Act): Resource Advisory Councils— Landowner notification and noise survey requirements, Nevada et al., 60025–60026 59939–59943 NOTICES Health and Human Services Department Electric rate and corporate regulation combined filings, See Agency for Toxic Substances and Disease Registry 60010–60012 See Aging Administration Meetings; Sunshine Act, 60012 See Food and Drug Administration See National Institutes of Health Federal Highway Administration Homeland Security Department NOTICES See Coast Guard Agency information collection activities; proposals, See U.S. Customs and Border Protection submissions, and approvals, 60053–60054 Industry and Security Bureau Federal Railroad Administration NOTICES NOTICES Meetings: Exemption petitions, etc.: Information Systems Technical Advisory Committee, Union Pacific Railroad Co., 60054 60000 Federal Reserve System Interior Department NOTICES See Fish and Wildlife Service Banks and bank holding companies: See Land Management Bureau Change in bank control, 60018–60019 Formations, acquisitions, and mergers, 60018–60019 International Trade Administration Formations, acquisitions, and mergers; correction, 60019 NOTICES Permissible nonbanking activities, 60019 Antidumping: Circular welded carbon steel pipes and tubes from— Fish and Wildlife Service Thailand, 60000–60001 RULES Small diameter seamless carbon and alloy steel standard, Endangered and threatened species: line, and pressure pipe from— Critical habitat designations— Brazil, 60001–60003 Guajon, 60068–60114 Export trade certificates of review, 60003–60004 PROPOSED RULES Endangered and threatened species: Labor Department Findings on petitions, etc.— See Occupational Safety and Health Administration Big Lost River, ID, mountain whitefish, 59983–59989 Land Management Bureau Summer-run Issaquah Creek kokanee, 59979–59983 NOTICES Meetings: Food and Drug Administration Resource Advisory Councils— PROPOSED RULES Nevada et al., 60025–60026 Salt and sodium; regulatory status and food labeling Southeast Oregon, 60026 requirements; citizen petition and public hearing, Public land orders: 59973–59979 Montana, 60026–60027 NOTICES Meetings: Realty actions; sales, leases, etc.: Nonprescription Drugs Advisory Committee and California, 60027–60028 Endocrinologic and Metabolic Drugs Advisory Library of Congress Committee, 60022 See Copyright Office, Library of Congress Vaccines and Related Biological Products Advisory Committee, 60022–60023 National Institute of Standards and Technology Reports and guidance documents; availability, etc.: NOTICES Medical device user fee small business qualification and Meetings: certification (FY 2008); industry guidance, 60023– Malcolm Baldrige National Quality Award Judges Panel, 60025 60004 National Fire Codes: Foreign Assets Control Office Fire safety codes and standards, 60004–60007 NOTICES Terrorist Finance Tracking Program: National Institutes of Health Treasury Department representations and exchange of NOTICES letters between U.S. and European Union, 60054– Meetings: 60066 National Heart, Lung, and Blood Institute, 60025

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National Oceanic and Atmospheric Administration Toxic Substances and Disease Registry Agency RULES See Agency for Toxic Substances and Disease Registry Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Transportation Department Pacific cod, 59952 See Federal Aviation Administration Northeastern United States fisheries— See Federal Highway Administration Summer flounder, 59951–59952 See Federal Railroad Administration PROPOSED RULES NOTICES Fishery conservation and management: Agency information collection activities; proposals, Caribbean, Gulf, and South Atlantic fisheries— submissions, and approvals, 60051–60052 Gulf of Mexico reef fish and shrimp, 59989–59998 National Science Foundation Treasury Department NOTICES See Foreign Assets Control Office Antarctic Conservation Act of 1978; permit applications, etc., 60030–60031 U.S. Customs and Border Protection RULES Nuclear Regulatory Commission Air commerce: NOTICES User fee airports; list; technical amendments, 59943– Meetings; Sunshine Act, 60031–60032 59944 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 60032–60041 Occupational Safety and Health Administration Separate Parts In This Issue NOTICES Agency information collection activities; proposals, Part II submissions, and approvals, 60028–60029 Interior Department, Fish and Wildlife Service, 60068– 60114 Personnel Management Office NOTICES Part III Excepted service; positions placed or revoked, 60148–60183 Energy Department, 60116–60145 Privacy Act; systems of records, 60041–60043 Part IV Presidential Documents Personnel Management Office, 60148–60183 EXECUTIVE ORDERS Burma; blocking Government property and prohibiting certain transactions (EO 13448), 60221–60226 Part V Education Department, 60186–60199 Railroad Retirement Board NOTICES Part VI Agency information collection activities; proposals, Education Department, 60202–60219 submissions, and approvals, 60043–60046 Part VII Securities and Exchange Commission Executive Office of the President, Presidential Documents, NOTICES 60221–60226 Agency information collection activities; proposals, submissions, and approvals, 60046–60048 Meetings; Sunshine Act, 60048 Self-regulatory organizations; proposed rule changes: Reader Aids NYSE Arca, Inc., 60048–60049 Consult the Reader Aids section at the end of this issue for Philadelphia Stock Exchange, Inc., 60050–60051 phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. State Department To subscribe to the Federal Register Table of Contents NOTICES LISTSERV electronic mailing list, go to http:// Culturally significant objects imported for exhibition: listserv.access.gpo.gov and select Online mailing list Wine, Worship and Sacrifice: The Golden Graves of archives, FEDREGTOC-L, Join or leave the list (or change Ancient Vani; correction, 60051 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.

3 CFR Executive Orders: 13047 (See EO 13448) ...... 60223 13310 (See EO 13448) ...... 60223 13448...... 60223 10 CFR 609...... 60116 11 CFR Proposed Rules: 100...... 59953 113...... 59953 9004...... 59953 9034...... 59953 14 CFR 23...... 59939 Proposed Rules: 39 (2 documents) ...... 59967, 59969 73...... 59971 18 CFR 157...... 59939 19 CFR 122...... 59943 21 CFR Proposed Rules: 15...... 59973 33 CFR 165...... 59944 36 CFR Proposed Rules: 261...... 59979 40 CFR 55...... 59947 50 CFR 17...... 60068 648...... 59951 679...... 59952 Proposed Rules: 17 (2 documents) ...... 59979, 59983 622...... 59989

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Rules and Regulations Federal Register Vol. 72, No. 204

Tuesday, October 23, 2007

This section of the FEDERAL REGISTER authority will not have a significant with minor modifications, the contains regulatory documents having general adverse environmental impact. regulatory revisions described in the applicability and legal effect, most of which DATES: The regulatory revisions made in NOPR. are keyed to and codified in the Code of this Final Rule will become effective Federal Regulations, which is published under II. Regulatory Revisions 50 titles pursuant to 44 U.S.C. 1510. November 23, 2007. FOR FURTHER INFORMATION CONTACT: 2. The NOPR discusses proposed The Code of Federal Regulations is sold by Gordon Wagner, Office of the General changes to the existing regulations the Superintendent of Documents. Prices of Counsel, Federal Energy Regulatory regarding landowner notification and new books are listed in the first FEDERAL Commission, 888 First Street, NE., compressor noise restrictions. REGISTER issue of each week. Washington, DC 20426, Comments submitted address the latter. [email protected], (202) 502– A. Landowner Notification 8947. DEPARTMENT OF TRANSPORTATION Michael McGehee, Office of Energy 3. The NOPR discusses expanding the Projects, Federal Energy Regulatory § 157.6(d)(2)(iii) landowner notification Federal Aviation Administration Commission, 888 First Street, NE., requirement. Currently, this Washington, DC 20426, requirement directs natural gas 14 CFR Part 23 [email protected], (202) 502– companies planning to construct compressor or liquefied natural gas Airworthiness Standards: Normal, 8962. Lonnie Lister, Office of Energy (LNG) facilities to notify all landowners Utility, Acrobatic, and Commuter whose property contains a residence Category Airplanes Projects, Federal Energy Regulatory Commission, 888 First Street, NE., within one-half mile of the project site 2 CFR Correction Washington, DC 20426, before beginning any construction. [email protected], 202–502–8587. This will be revised to remove the In Title 14, of the Code of Federal residence qualification, and will instead Regulations, revised as of January 1, SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher, direct companies to notify all 2007, on page 227, in § 23.561, landowners within one-half mile of the paragraph (d)(1), remove the second Chairman; Suedeen G. Kelly, Marc Spitzer, Philip D. Moeller, and Jon site of a planned compressor or LNG entry for pargraphs (i) through (iv), and project regardless of whether the remove (d)(1)(v). Wellinghoff. property contains a residence. This [FR Doc. 07–55519 Filed 10–22–07; 8:45 am] I. Introduction revision should ensure all landowners BILLING CODE 1505–01–D 1. On June 22, 2007, the Federal within one-half mile of a proposed Energy Regulatory Commission project site will receive notice that will (Commission) issued a Notice of allow them to raise land use issues, DEPARTMENT OF ENERGY Proposed Rulemaking (NOPR) to amend including existing non-residential uses its regulations to modify landowner as well as planned future uses of Federal Energy Regulatory notification requirements and require a undeveloped land. Commission noise survey following the completion B. Noise Survey of projects involving compressor 18 CFR Part 157 facilities undertaken pursuant to blanket 4. To ensure that compressor facilities [Docket No. RM07–17–000; Order No. 700] certificate authority.1 These regulatory installed under blanket certificate revisions are intended to enhance authority will not have significant Revisions to Landowner Notification public participation in the adverse environmental impacts, and Blanket Certificate Regulations Commission’s consideration of compressor facilities must be designed to meet the noise level limits described Issued October 18, 2007. proposed projects and ensure that compressor projects completed under below. To verify blanket certificate AGENCY: Federal Energy Regulatory compressor facilities meet these noise Commission, Department of Energy. blanket certificate authority will not have a significant adverse level limits, this order will revise ACTION: Final rule. environmental impact. Comments on § 157.206(b)(5) to require that companies completing a blanket SUMMARY: the NOPR were submitted by the U.S. The Federal Energy certificate compressor project file a Regulatory Commission (Commission) is Department of the Interior (Interior) and the Interstate Natural Gas Association of noise survey with the Commission. If amending its regulations to modify this post-project survey shows the landowner notification requirements America (INGAA). This Final Rule responds to the comments and adopts, facility is emitting excessive noise, the and to require a noise survey following company will have up to one year from the completion of projects involving 1 72 FR 35669 (June 29, 2007), FERC Stats. and the project’s in-service date to meet the compressor facilities undertaken noise limits. After completing its noise pursuant to blanket certificate authority. Regs.¶ 32,616 (2007). The NOPR followed an expansion of the blanket certificate program, see mitigation measures, the company will The proposed regulatory revisions are Revisions to the Blanket Certificate Regulations and submit a subsequent noise survey to intended to enhance public Clarification Regarding Rates, Order No. 686, 71 FR verify compliance with the noise limits. participation in the Commission’s 63680 (Oct. 31, 2006), FERC Stats. & Regs. ¶ 31,231 (2006), order on reh’g and clarification, Order No. consideration of proposed projects and 686–A, 72 FR 37431 (July 10, 2007), FERC Stats. 2 See the landowner notification requirements, 18 ensure that compressor projects and Regs. ¶ 31,249 (2007), order on reh’g, Order No. CFR 157.203(d)(1) and (2), and the definition of completed under blanket certificate 686–B, FERC Stats. and Regs. ¶ 31,255 (2007). affected landowners, 18 CFR 157.6(d)(2)(iii).

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This same noise survey requirement is Database, to identify the presence of load. Requiring that a facility added or routinely applied to compressor threatened or endangered species and modified under blanket certificate facilities installed under case-specific noise-sensitive species or habitats in the authority meet this maximum noise certificate authority. project vicinity. If there are such species limit is intended to ensure that there 5. A company may rely on blanket or habitats, Interior would then require will not be a significant adverse certificate authority to undertake the project applicant to seek case- environmental noise impact.6 qualifying projects provided: (1) Noise- specific certificate authorization. 11. With respect to noise impacts, the generating equipment installed under 8. While appropriate to most Commission will also consider the blanket certificate authority, whether an circumstances, the Commission composite noise level of a compressor entire new compressor station or an recognizes that 55 dBA ought not be station’s new and existing facilities. addition or modification to an existing applied inflexibly or universally.4 That This is because a facility that meets an station, does not exceed an average day- said, the Commission finds that Ldn of 55 dBA, when added to a station night sound level (Ldn) of 55 decibels potential adverse impacts on species currently operating an Ldn of 55 dBA, (dBA) at a noise sensitive area (NSA) and habitat due to noise are adequately can cause the overall noise of the station when operating at full load; (2) an taken into account by the requirement to exceed an Ldn of 55 dBA. Thus, the addition or modification to an existing that all blanket certificate projects Commission will require that an compressor station, which is currently comply with the Endangered Species addition or modification to an existing emitting noise at an Ldn of 55 dBA or Act of 1973 (ESA).5 Compliance with compressor station that is operating at less at NSAs, does not cause noise at the ESA effectively compels a blanket or below an Ldn of 55 dBA at NSAs must NSAs to exceed an Ldn of 55 dBA; and certificate holder to engage in the same not cause overall noise attributable to (3) an addition or modification to an screening and consultation that Interior the station to exceed an Ldn of 55 dBA existing compressor station, which is requests for threatened and endangered at NSAs. Further, an addition or currently emitting noise in excess of an species. Accordingly, the Commission modification to an existing compressor Ldn of 55 dBA at NSAs, does not cause expects the ESA compliance process station that is operating above an Ldn of noise to increase at NSAs. will continue to provide the most 55 dBA at NSAs must not cause overall noise attributable to the station to III. Comments and Commission appropriate means for assessing whether increase at NSAs. Response a proposed blanket certificate project’s permitted noise level of 55 dBA might 12. To ensure adherence to these 6. Comments by Interior question have significant adverse impacts on noise level limits, the Commission will whether an Ldn of 55 dBA might wildlife resources. In addition, the require a company that relies on its adversely impact certain wildlife Commission notes that the expanded blanket certificate to construct a new resources. Comments by INGAA seek landowner notification requirement compressor station facility, or to add or clarification on how compressor noise is implemented herein should promote modify a facility at an existing station, to be measured. consideration of noise impacts on the to submit a noise survey within 60 days A. Department of the Interior’s use of land for non-residential purposes, of placing the new or modified facility Comments such as the cultivation of a in service. The company must measure domesticated noise-sensitive species. noise attributable to its new or modified 7. Interior points out that 55 dBA was facility operating at full load at NSAs. designated by the U.S. Environmental B. INGAA’s Comments When a new or modified facility is Protection Agency (EPA) as a noise level 9. The NOPR proposed that placed in service at an existing adequate to protect against speech § 157.206(b)(5)(ii) direct a blanket compressor station, the company must interference and sleep disturbance for certificate project sponsor to measure also measure the overall post-project residential, education, and healthcare ‘‘noise attributable to the operation of noise of the station operating at full 3 NSAs. Given that the 55 dBA level is the facility at full load.’’ INGAA seeks load. If the measured noise exceeds the based on human activity, Interior is clarification on conducting a post- specified limits at NSAs, the company concerned that this level fails to account project noise survey, asking whether must bring its station into compliance for impacts on species that may be more ‘‘the facility’’ is intended to refer to the within a year of the blanket certificate sensitive to noise. Interior urges that particular equipment added or modified facility’s in-service date. Within 60 days screening for such species be required under blanket certificate authorization, of completing its noise-mitigation for blanket certificate projects and asks or whether ‘‘the facility’’ is intended to measures, e.g., making modifications to the Commission to direct blanket project include all the facilities, i.e., both noise-generating equipment or erecting applicants to contact Interior’s Fish and existing facilities as well as new or a barrier between the station and NSAs, Wildlife Service, along with the modified facilities located at a particular the company must submit a subsequent appropriate state fish and wildlife compressor site. In response to INGAA’s noise survey to the Commission agency or state Natural Heritage request, we will revise demonstrating its compliance with the § 157.206(b)(5)(ii) as described below. noise level limits. 3 The Commission relied on this EPA designation 10. As a threshold measure, for a in conducting its Environmental Assessment (EA) IV. Information Collection Statement of the blanket certificate program, finding that compressor facility to qualify for blanket compressors should not increase ambient noise certificate authorization, the facility 13. The Office of Management and levels at nearby NSAs above an Ldn of 55 dBA, since must be designed to meet an Ldn of 55 Budget (OMB) regulations require that 55 dBA is ‘‘the maximum level which will not dBA at NSAs when operating at full OMB approve certain reporting, record affect public health and welfare by interfering with keeping, and public disclosure speech or other activities in outdoor areas * * * [and consequently] should also ensure adequate 4 The EA reviewing the blanket certificate requirements (collections of protection for the indoor noise environment.’’ program noted the possibility that ‘‘compressor information) imposed by an agency.7 Blanket Certification of Routine Gas Pipeline facilities constructed in some rural areas could Upon approval of a collection of Transactions, EA at 25 (July 1981), citing EPA’s degrade a quiet environment because a blanket information, OMB will assign an OMB Information on Levels of Environmental Noise authorization would require little or no noise Requisite to Protect Public Health and Welfare with abatement in remote or unpopulated areas.’’ Id. at an Adequate Margin of Safety (Washington, DC 33. 6 See note 3. 1974). 5 16 U.S.C. 1531 et seq. 7 5 CFR 1320.11.

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control number and an expiration date. additional effort, since companies are of an Ldn of 55 dBA. The Commission The only entities affected by this rule already required to identify all does not view this as substantially would be the natural gas companies landowners of record within one-half modifying natural gas companies’ under the Commission’s jurisdiction. mile of the project site, and then notify existing obligations, since the proposed 14. The information collection the subset of those landowners that have submission of a noise survey simply requirements in this Final Rule are a residence on their property. In provides verification of compliance identified as FERC–537, ‘‘Gas Pipeline practice, companies routinely give with the existing noise requirement. The Certificates: Construction, Acquisition notice to all identified landowners, same noise survey requirement is and Abandonment,’’ which identifies rather than take the extra step of routinely applied to compressor projects the Commission’s information segregating properties with residences subject to case-specific NGA section 7 collections relating to Part 157 of its from those without so as to give notice certificate authority.9 regulations, which apply to natural gas only to the former. In view of this 17. The Commission is submitting facilities for which authorization under practice, the Commission expects the these reporting requirements to OMB for section 7 of the Natural Gas Act (NGA) time and cost to notify non-residential its review and approval under § 3507(d) is required, and includes all blanket landowners will prove to be de minimis. of the Paperwork Reduction Act of certificate projects, and FERC–577, ‘‘Gas 16. The Noise Control Act of 1972 10 Pipeline Certificates: Environmental established the requirement that all 1995. The Commission solicited Impact Statements,’’ which identifies federal agencies administer their comments on the need for these the Commission’s information programs to promote an environment regulatory revisions and the accuracy of collections relating to the requirements free of noise that jeopardizes public estimated burden estimates, as well as set forth in National Environmental health and welfare.8 In 1974, the U.S. how the quality, quantity, and clarity of Policy Act and Parts 2, 157, 284, and Environmental Protection Agency, the information to be collected might be 380 of the Commission’s regulations, acting to execute its responsibility to enhanced, and any suggested methods and requires applicants to conduct coordinate federal research and for minimizing the respondent’s burden. appropriate studies necessary to activities related to noise control, The comments submitted did not specifically address the new reporting determine the impact of the identified an Ldn of 55 dBA as necessary construction and operation of proposed to protect against speech interference requirements; accordingly, the jurisdictional facilities on human and and sleep disturbance for residential, Commission will use the same estimates natural resources, and the measures educational, and healthcare activities. here as in the NOPR. which may be necessary to protect the The revised regulations state that a 18. The Commission estimates it will values of the affected area. These company adding or altering compressor require 32 hours to complete a noise information collection requirements are facilities under blanket certificate survey, and expects the additional mandatory. authority must submit a noise survey burden to be modest, given that in 2006 15. The revised regulations require within 60 days of placing new facilities only two compressor projects went that companies seeking to construct or in service to demonstrate that noise forward under blanket certificate alter compressor or LNG facilities notify attributable to the operation of the authority. For the purpose of estimating all landowners within one-half mile of company’s compressors does not exceed burden hours, the Commission the boundary of the project site. This an Ldn of 55 dBA at nearby NSAs or anticipates five such projects in the should necessitate only a nominal increase noise at NSAs already in excess future.

Number of Number of Data collection Number of responses/ hours per Total annual respondents Filings response hours

FERC–537 (Part 157) ...... 5 5 32 160

Information Collection Costs: The with an estimated annual total of while addressing landowner and above reflects the total reporting burden $24,000. environmental concerns fairly. associated with the proposed Title: FERC–537. Interested persons may obtain broadening of the landowner Action: Proposed Data Collection. information on the reporting notification requirement. Because of the OMB Control Nos.: 1902–0060 and requirements by contacting: Federal regional differences and the various 1902–0128. Energy Regulatory Commission, 888 staffing levels that will be involved in Respondents: Natural gas pipeline First Street, NE., Washington, DC 20426 preparing the documentation (legal, companies. [Attention: Michael Miller, Office of the technical, and support) the Commission Frequency of Responses: On occasion. Executive Director]. Phone: (202) 502– is using an hourly rate of $150 to Necessity of Information: Submission 8415, fax: (202) 273–0873, e-mail: estimate the costs for filing and other of the information is necessary for the [email protected] or the Office of administrative processes (reviewing Commission to carry out its NGA Information and Regulatory Affairs, instructions, searching data sources, statutory responsibilities and meet the Office of Management and Budget, completing and transmitting the Commission’s objectives of expediting Washington, DC 20503 [Attention: Desk collection of information). The appropriate infrastructure development Officer for the Federal Energy estimated cost per project is $4,800, to ensure sufficient energy supplies Regulatory Commission].

8 42 U.S.C. 4901, et seq. program were discussed in the Final Rule in Order blanket certificate project is expected to be offset by 9 The potential cost savings to the industry that No. 686. With respect to the proposed noise survey, the benefit of not having to also conduct a noise may be realized by enabling projects previously the Commission notes that case-specific projects survey before construction, as would be necessary require a noise survey both before and after permitted only under case-specific authority to for a case-specific certificate project. construction. Thus, the relatively minor cost of 10 proceed under the expanded blanket certificate conducting a post-construction noise survey for a 44 U.S.C. 3507(d).

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V. Environmental Analysis section 3 or 7, and no significant Authority: 15 U.S.C. 717–717w. 19. The Commission is required to economic impact on state agencies. I 2. In § 157.6, paragraph (d)(2)(iii) is prepare an EA or an Environmental Accordingly, the Commission certifies revised to read as follows: Impact Statement (EIS) for any action that these regulatory revisions will not have a significant economic impact on that may have a significant adverse § 157.6 Applications; general effect on the human environment.11 In a substantial number of small entities. requirements. promulgating the blanket certificate VII. Document Availability * * * * * program in 1982, the Commission 22. In addition to publishing the full (d) * * * prepared an EA in which it determined text of this document in the Federal that, subject to compliance with the Register, the Commission provides all (2) * * * standard environmental conditions, interested persons an opportunity to (iii) Is within one-half mile of projects under the blanket program view and print the contents of this proposed compressors or their would not have a significant adverse document via the Internet through enclosures or LNG facilities; or environmental impact. In particular, the FERC’s Web site (http://www.ferc.gov) * * * * * EA concluded that an Ldn of 55 dBA at and in FERC’s Public Reference Room I 3. In § 157.206, paragraph (b)(5)(ii) is NSAs would be adequate to avoid during normal business hours (8:30 a.m. redesignated as paragraph (b)(5)(iii) and interfering with speech or other to 5 p.m. Eastern time) at 888 First a new paragraph (b)(5)(ii) is added, to activities in outdoor areas and ensure Street, NE., Room 2A, Washington, DC read as follows: adequate protection for the indoor noise 20426. User assistance is available for environment. As discussed herein, the FERC’s Web site during normal business § 157.206 Standard conditions. Commission is expanding landowner hours from FERC’s Online Support at * * * * * notification and requiring the 202–502–6652, toll free at 1–866–208– submission of a post-project noise 3676, or by e-mail at (b) * * * survey for blanket certificate activities [email protected], and from involving compressor facilities. Because (5) * * * the Public Reference Room at 202–502– (ii) A compressor facility installed these actions serve to better inform the 8371, TTY at 202–502–8659, or by e- under this section must be designed to public of proposed projects and to mail at [email protected]. further ensure and verify that no blanket meet the following noise emissions certificate project has a significant VIII. Effective Date and Congressional criteria. For each new compressor adverse environmental impact, these Notification station facility, and for each addition or regulatory revisions do not constitute a 23. This Final Rule will take effect modification to an existing compression major federal action that may have a November 23, 2007. The Commission station, the blanket certificate holder significant adverse effect on the human has determined with the concurrence of must file a noise survey with the environment. the Administrator of the Office of Secretary within 60 days of placing the facility in service. VI. Regulatory Flexibility Act Analysis Information and Regulatory Affairs, Office of Management and Budget, that (A) If noise emitted from a new 20. The Regulatory Flexibility Act of this rule is not a major rule within the compressor facility operating at full load 1980 (RFA) 12 generally requires a meaning of section 251 of the Small exceeds an Ldn of 55 dBA at any noise- description and analysis of regulations Business Regulatory Enforcement sensitive area (NSA), or if an addition or that will have significant economic Fairness Act of 1996.15 The Commission modification to an existing compressor impact on a substantial number of small will submit this Final Rule to both station operating at full load at or below entities. The Commission is not houses of Congress and the Government an Ldn of 55 dBA at NSAs causes overall required to make such an analysis if Accountability Office.16 noise attributable to the station to regulations would not have such an exceed an Ldn of 55 dBA at an NSA, the 13 List of Subjects in 18 CFR Part 157 effect. Under the industry standards blanket certificate holder must come used for purposes of the RFA, a natural Administrative practice and into compliance with an Ldn of 55 dBA gas pipeline company qualifies as ‘‘a procedure, Natural gas, Reporting and at NSAs within 1 year of placing the small entity’’ if it has annual revenues recordkeeping requirements. facility in service. of $6.5 million or less. Most companies By the Commission. regulated by the Commission do not fall (B) If an addition or modification to within the RFA’s definition of a small Nathaniel J. Davis, Sr., an existing compressor station operating entity.14 Acting Deputy Secretary. at full load above an Ldn of 55 dBA at 21. This order’s regulatory revisions I In consideration of the foregoing, part NSAs causes overall noise attributable will have no significant economic 157, Chapter I, Title 18, Code of Federal to the station to increase at an NSA, the impact on those entities—be they large Regulations, is amended as follows: blanket certificate holder must act or small—subject to the Commission’s within 1 year of placing the added or regulatory jurisdiction under NGA PART 157—APPLICATIONS FOR modified facility in service to reduce CERTIFICATES OF PUBLIC noise at NSAs to the level that existed 11 Order No. 486, Regulations Implementing the CONVENIENCE AND NECESSITY AND prior to the addition or modification. National Environmental Policy Act, 52 FR 47897 FOR ORDERS PERMITTING AND (C) If the initial noise survey (Dec. 17, 1987), FERC Stats. & Regs., Regulations APPROVING ABANDONMENT UNDER demonstrates a need to take action to Preambles 1986–1990 ¶ 30,783 (1987). SECTION 7 OF THE NATURAL GAS 12 mitigate noise, within 60 days of 5 U.S.C. 601–612. ACT 13 5 U.S.C. 605(b) (2000). completing such action, the blanket 14 5 U.S.C. 601(3), citing to section 3 of the Small I 1. The authority citation for part 157 certificate holder must file a subsequent Business Act, 15 U.S.C. 623 (2000). Section 3 of the continues to read as follows: noise survey with the Secretary Small Business Act defines a ‘‘small-business concern’’ as a business which is independently demonstrating that each new owned and operated and which is not dominant in 15 See 5 U.S.C. 804(2). compressor station facility, and each its field of operation. 16 See 5 U.S.C. 801(a)(1)(A). addition or modification to an existing

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compressor station, complies with the outside of the United States may ask for the state, city or municipality in which noise level limits. permission to land at an airport the airport is located. In this manner, * * * * * designated by the Secretary of user fee airports are designated on a Homeland Security 1 as a user fee case-by-case basis. Section 19 CFR [FR Doc. E7–20804 Filed 10–22–07; 8:45 am] airport. 122.15 sets forth the grounds for BILLING CODE 6717–01–P Pursuant to 19 U.S.C. 58b, an airport withdrawal of a user fee designation and may be designated as a user fee airport sets forth the list of designated user fee if the Commissioner of CBP as delegated airports. Periodically, CBP updates the DEPARTMENT OF HOMELAND by the Secretary of Homeland Security list of user fee airports at 19 CFR SECURITY determines that the volume of business 122.15(b) to reflect those that have been at the airport is insufficient to justify currently designated by the Bureau of Customs and Border customs services at the airport and the Commissioner. This document updates Protection governor of the state in which the that list of user fee airports by adding airport is located approves the new airports, deleting certain former 19 CFR Part 122 designation. Generally, the type of airports, and reflecting changes that [CBP Dec. 07–83] airport that would seek designation as a have occurred in the names of certain user fee airport would be one at which existing user fee airports. Technical Amendments to List of User a company, such as an air courier Fee Airports service, has a specialized interest in Inapplicability of Public Notice and regularly landing. Delayed Effective Date Requirements AGENCY: Customs and Border Protection, As the volume of business anticipated Because this amendment merely lists Department of Homeland Security. at this type of airport is insufficient to those user fee airports already ACTION: Final rule; technical justify its designation as an designated by the Commissioner of CBP amendments. international or landing rights airport, in accordance with 19 U.S.C. 58b and SUMMARY: This document amends the the availability of customs services is neither imposes additional burdens on, Customs and Border Protection (CBP) not paid for out of appropriations from nor takes away any existing rights or Regulations by revising the list of user the general treasury of the United States. privileges from, the public, pursuant to fee airports to reflect those that have Instead, customs services are provided 5 U.S.C. 553(b)(B), notice and public been currently designated by the on a fully reimbursable basis to be paid procedure are unnecessary, and for the Commissioner. User fee airports are for by the user fee airport on behalf of same reasons, pursuant to 5 U.S.C. those airports which, while not the recipients of the services. 553(d)(3), a delayed effective date is not qualifying for designation as The fees which are to be charged at required. international or landing rights airports, user fee airports, according to the statute, shall be paid by each person The Regulatory Flexibility Act and have been approved by the Executive Order 12866 Commissioner of CBP to receive, for a using the customs services at the airport Because no notice of proposed fee, the services of CBP officers for the and shall be in the amount equal to the rulemaking is required, the provisions processing of aircraft entering the expenses incurred by the Commissioner of the Regulatory Flexibility Act (5 United States, and the passengers and of CBP in providing customs services U.S.C. 601 et seq.) do not apply. This cargo of those aircraft. which are rendered to such person at such airport, including the salary and amendment does not meet the criteria DATES: Effective Date: October 23, 2007. expenses of those employed by the for a ‘‘significant regulatory action’’ as FOR FURTHER INFORMATION CONTACT: Commissioner of CBP to provide the specified in Executive Order 12866. Michael Captain, Office of Field customs services. To implement this Signing Authority Operations, 703–261–8516. provision, generally, the airport seeking SUPPLEMENTARY INFORMATION: the designation as a user fee airport or This document is limited to technical corrections of CBP regulations. Background that airport’s authority agrees to pay a flat fee for which the users of the airport Accordingly, it is being signed under Title 19, Code of Federal Regulations are to reimburse the airport/airport the authority of 19 CFR 0.1(b). (CFR), sets forth at Part 122 regulations authority. The airport/airport authority List of Subjects in 19 CFR Part 122 relating to the entry and clearance of agrees to set and periodically review the Air carriers, Aircraft, Airports, aircraft in international commerce and charges to ensure that they are in accord Customs duties and inspection, Freight. the transportation of persons and cargo with the airport’s expenses. by aircraft in international commerce. The Commissioner of CBP designates Amendments to Regulations Generally, a civil aircraft arriving airports as user fee airports pursuant to I from a place outside of the United States 19 U.S.C. 58b. See 19 CFR 122.15. If the Part 122, Code of Federal Regulations is required to land at an airport Commissioner decides that the (19 CFR part 122) is amended as set designated as an international airport. conditions for designation as a user fee forth below: Alternatively, the pilot of a civil aircraft airport are satisfied, a Memorandum of may request permission to land at a PART 122—AIR COMMERCE Agreement (MOA) is executed between REGULATIONS specific airport, and, if landing rights the Commissioner of CBP and the local are granted, the civil aircraft may land responsible official signing on behalf of I 1. The authority citation for part 122 at that landing rights airport. continues to read as follows: Section 236 of Pub. L. 98–573 (the 1 Sections 403(1) and 411 of the Homeland Trade and Tariff Act of 1984), codified Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, Security Act of 2002 (‘‘the Act,’’ Pub. L. 107–296) 1431, 1433, 1436, 1448, 1459, 1590, 1594, at 19 U.S.C. 58b, created an option for transferred the United States Customs Service and 1623, 1624, 1644, 1644a, 2071 note. civil aircraft desiring to land at an its functions from the Department of the Treasury to the Department of Homeland Security; pursuant I airport other than an international to section 1502 of the Act, the President renamed 2. Section 122.15(b) is amended by airport or a landing rights airport. A the ‘‘Customs Service’’ as the ‘‘Bureau of Customs revising the list of airports to read as civil aircraft arriving from a place and Border Protection,’’ also referred to as ‘‘CBP.’’ follows:

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§ 122.15 User fee airports. (b) List of user fee airports. * * * * * * * *

Location Name

Addison, Texas ...... Addison Airport. Ardmore, Oklahoma ...... Ardmore Industrial Airpark. Bakersfield, California ...... Meadows Field Airport. Bedford, Massachusetts ...... L.G. Hanscom Field. Broomfield, Colorado ...... Jefferson County Airport. Carlsbad, California ...... McClellan-Palomar Airport. Daytona Beach, Florida ...... Daytona Beach International Airport. Decatur, Illinois ...... Decatur Airport. Egg Harbor Township, New Jersey ...... Atlantic City International Airport. Englewood, Colorado ...... Centennial Airport. Fort Worth, Texas ...... Fort Worth Alliance Airport. Fresno, California ...... Fresno Yosemite International Airport. Gypsum, Colorado ...... Eagle County Regional Airport. Hillsboro, Oregon ...... Hillsboro Airport. Johnson City, New York ...... Binghamton Regional Airport. Leesburg, Florida ...... Leesburg Regional Airport. Lexington, Kentucky ...... Blue Grass Airport. Manchester, New Hampshire ...... Manchester Airport. Mascoutah, Illinois ...... MidAmerica St. Louis Airport. McKinney, Texas ...... Collin County Regional Airport. Melbourne, Florida ...... Melbourne Airport. Mesa, Arizona ...... Williams Gateway Airport. Midland, Texas ...... Midland International Airport. Morristown, New Jersey ...... Morristown Municipal Airport. Moses Lake, Washington ...... Grant County International Airport. Myrtle Beach, South Carolina ...... Myrtle Beach International Airport. Orlando, Florida ...... Orlando Executive Airport. Palm Springs, California ...... Palm Springs International Airport. Riverside, California ...... March Inland Port Airport. Rochester, Minnesota ...... Rochester International Airport. Rogers, Arkansas ...... Rogers Municipal Airport. Roswell, New Mexico ...... Roswell Industrial Center. San Bernardino, California ...... San Bernardino International Airport. Santa Maria, California ...... Santa Maria Public Airport. Sarasota, Florida ...... Sarasota/Bradenton International Airport. Scottsdale, Arizona ...... Scottsdale Airport. Sugar Land, Texas ...... Sugar Land Regional Airport. Trenton, New Jersey ...... Trenton Mercer Airport. Victorville, California ...... Southern California Logistics Airport. Waterford, Michigan ...... Oakland County International Airport. Waukegan, Illinois ...... Waukegan Regional Airport. West Chicago, Illinois ...... Dupage County Airport. Wheeling, Illinois ...... Chicago Executive Airport. Wilmington, Ohio ...... Airborne Air Park Airport. Yoder, Indiana ...... Fort Wayne International Airport. Ypsilanti, Michigan ...... Willow Run Airport.

* * * * * DEPARTMENT OF HOMELAND for the Army Corps of Engineers (ACOE) Dated: October 18, 2007. SECURITY blasting and dredging operation, to include the underwater blasting W. Ralph Basham, Coast Guard locations and the vessel transporting Commissioner, Customs and Border blasting material to and from the work Protection. 33 CFR Part 165 sites, between October 5, 2007 and [FR Doc. E7–20803 Filed 10–22–07; 8:45 am] [Docket No. CGD01–07–145] December 31, 2007. The zone BILLING CODE 9111–14–P temporarily closes all navigable waters RIN 1625–AA00 of Boston Harbor within a four hundred (400) yard radius of the four underwater Safety Zone: Army Corps of Engineers demolition sites located at approximate Blasting and Dredging Operation, positions 42°20′05.5″ N, 070°59′53.9″ W, Boston Harbor, Boston, MA east-southeast of Castle Island; ° ′ ″ ° ′ ″ AGENCY: Coast Guard, DHS. 42 20 19.0 N, 070 58 46.5 W, ACTION: Temporary final rule. President Roads Anchorage; 42°21′15.80″ N, 070°55′51.95″ W, North SUMMARY: The Coast Guard is Channel; 42°22′03.70″ N, 070°55′18.83″ establishing temporary safety zones in W, North Channel, while blasting Boston Harbor, Boston, Massachusetts, operations are occurring and a moving

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safety zone of one hundred yards blasting and dredging to remove the small safety zone size and the short around the M/V EMILY ROSE. The rock. The explosives will be transferred duration of the blasting events, the operations will only occur during to and from the blasting sites aboard the Captain of the Port does not anticipate daylight hours. The safety zone is M/V EMILY ROSE. In order to protect any negative impact on vessel traffic necessary to protect the maritime public the maritime public from the hazards due to this event. Blasting operations from the potential hazards posed by the associated with the loading, detonation, are only to occur during daylight, blasting and dredging. Entry into this and transportation of explosives in and specifically between the hours of 6 a.m. zone is prohibited during the closure around the blasting areas, the Coast and 4 p.m. The moving safety zone period unless authorized by the Captain Guard is establishing safety zones around the EMILY ROSE will be of the Port Boston, Massachusetts. around each of the four blasting sites enforced only during the loading, DATES: This rule is effective from 12:01 and a moving safety zone around the unloading and transit of explosives to a.m. on October 5, 2007 until 11:59 p.m. vessel EMILY ROSE as it transits from the site and from the site back to shore on December 31, 2007. the loading point on the Fore River in with any unused explosives. Portions of Quincy, Massachusetts to the blasting the safety zones around the perimeter of ADDRESSES: Documents indicated in this preamble as being available in the sites and back. Entry into these zones the blasting work are located within the docket are part of docket CGD01–07– will be prohibited unless authorized by channel and may peripherally affect 145 and are available for inspection or the Captain of the Port. vessels transiting in or out of the port. However, the zone around the blasting copying at Sector Boston, 427 Discussion of Rule worksite will be enforced only during Commercial Street, Boston, MA, This rule establishes temporary safety the actual blasting times thus between 8 a.m. and 3 p.m., Monday zones on the navigable waters of Boston minimizing any adverse impact. Public through Friday, except Federal holidays. Harbor within a four hundred (400) yard notifications will be made during the FOR FURTHER INFORMATION CONTACT: radius of the various rock sites located entire effective period of this safety zone Chief Eldridge McFadden, Sector in Boston Harbor at approximate via marine information broadcasts and Boston, Waterways Management positions 42°20′05.5″ N, 070°59′53.9″ W, through local notice to mariners. Division, at (617) 223–5160. east-southeast of Castle Island; SUPPLEMENTARY INFORMATION: 42°20′19.0″ N, 070°58′46.5″ W, Regulatory Evaluation President Roads Anchorage; This rule is not a ‘‘significant Regulatory Information 42°21′15.80″ N, 070°55′51.95″ W, North regulatory action’’ under section 3(f) of We did not publish a notice of Channel; and, 42°22′03.70″ N, Executive Order 12866, Regulatory proposed rulemaking (NPRM) for this 070°55′18.83″ W, North Channel while Planning and Review, and does not regulation. Under 5 U.S.C. 553(b)(B), the blasting and dredging is occurring. This require an assessment of potential costs Coast Guard finds that good cause exists regulation also establishes a moving and benefits under section 6(a)(3) of that for not publishing an NPRM. A notice safety zone on all navigable waters of Order. The Office of Management and and comment period was not held for the Fore River and Boston Harbor in a Budget has not reviewed it under that this rulemaking because the logistics 100 yard radius around the M/V EMILY Order. with respect to the blasting and ROSE as it loads and unloads explosives The Coast Guard expects the dredging were not determined with and transits from the Fore River to the economic impact of this rule to be so sufficient time to draft and publish an four demolition areas and from the minimal that a full Regulatory NPRM. Delaying the necessary blasting demolition areas back to the Fore River Evaluation is unnecessary. Although operations to accommodate a notice and shipyard. The explosives loading will this rule will prevent traffic from comment period would be contrary to occur at the Fore River shipyard wet transiting a portion of Boston Harbor the public interest. dock in Quincy, Massachusetts. The during the blasting and dredging Under 5 U.S.C. 553(d)(3), the Coast explosives will be transported via vessel operations, the effect of this rule will Guard finds that good cause exists for to the construction barges at the above not be significant for several reasons: making this rule effective less than 30 noted positions where the blasting and vessels, although excluded from the days after publication in the Federal dredging is occurring. zone, will have sufficient navigable Register as immediate action is needed This rule is effective from 12:01 a.m. water to safely maneuver in all other to protect vessels transiting the area EDT on October 5, 2007 until 11:59 p.m. waters of Boston Harbor surrounding from the hazards associated with EST on December 31, 2007. Although the zone when blasting is occurring; underwater blasting and rock removal the safety zone will be in effect for and, when blasting operations are not operations. Any delay encountered in twelve weeks, it will only be enforced occurring the zones will not be enforced this regulation’s effective date would be during actual transit and blasting times. thus allowing vessels to move within contrary to the public interest since Blasting will only occur during daylight the areas designated by this rule; also, immediate action is necessary to protect hours. advance notifications will be made to persons, facilities, vessels and others in Marine traffic may transit safely the local maritime community by the maritime community from the safety outside of the zone during the marine information broadcasts and hazards associated with the handling, enforcement period. Public notifications Local Notice to Mariners allowing detonation, and transportation of will be made prior to and during the mariners to plan voyages accordingly. explosives. enforcement period via safety marine information broadcasts and the event Small Entities Background and Purpose will be published in the Local Notice to Under the Regulatory Flexibility Act The Army Corps of Engineers is Mariners. During the enforcement (5 U.S.C. 601–612), we have considered conducting a project to deepen Boston periods, entry into those zones by any whether this rule would have a Harbor. Within the shipping channels vessel is prohibited unless specifically significant economic impact on a there are several rock formations which authorized by the Captain of the Port, substantial number of small entities. are impeding the progress of the work. Boston. The term ‘‘small entities’’ comprises The Army Corps has contracted RDA Given the limited time-frame of the small businesses, not-for-profit Construction to perform the associated enforcement period of the zone, the organizations that are independently

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owned and operated and are not this rule under that Order and have energy. The Administrator of the Office dominant in their fields, and determined that it does not have of Information and Regulatory Affairs governmental jurisdictions with implications for federalism. has not designated it as a significant populations of less than 50,000. energy action. Therefore, it does not Unfunded Mandates Reform Act The Coast Guard certifies under 5 require a Statement of Energy Effects U.S.C. 605(b) that this rule will not have The Unfunded Mandates Reform Act under Executive Order 13211. a significant economic impact on a of 1995 (2 U.S.C. 1531–1538) requires substantial number of small entities. Federal agencies to assess the effects of Technical Standards This rule will affect the following their discretionary regulatory actions. In The National Technology Transfer entities, some of which may be small particular, the Act addresses actions and Advancement Act (NTTAA) (15 entities: the owners or operators of that may result in the expenditure by a U.S.C. 272 note) directs agencies to use vessels intending to transit or anchor in State, local, or tribal government, in the voluntary consensus standards in their a portion of Boston Harbor during the aggregate, or by the private sector of regulatory activities unless the agency effective period of this safety zone. For $100,000,000 or more in any one year. provides Congress, through the Office of the reasons outlined in the Regulatory Though this rule will not result in such Management and Budget, with an Evaluation section above, this safety an expenditure, we do discuss the explanation of why using these zone will not have a significant effects of this rule elsewhere in this standards would be inconsistent with economic impact on a substantial preamble. applicable law or otherwise impractical. number of small entities. Voluntary consensus standards are Taking of Private Property technical standards (e.g., specifications Assistance for Small Entities This rule will not affect a taking of of materials, performance, design, or Under subsection 213(a) of the Small private property or otherwise have operation; test methods; sampling Business Regulatory Enforcement taking implications under Executive procedures; and related management Fairness Act of 1996 (Pub. L. 104–121), Order 12630, Governmental Actions and systems practices) that are developed or the Coast Guard wants to assist small Interference with Constitutionally adopted by voluntary consensus entities in understanding this rule so Protected Property Rights. standards bodies. that they can better evaluate its effects Civil Justice Reform This rule does not use technical on them and participate in the standards. Therefore, we did not rulemaking process. If this rule will This rule meets applicable standards consider the use of voluntary consensus affect your small business, organization, in sections 3(a) and 3(b)(2) of Executive standards. or governmental jurisdiction and you Order 12988, Civil Justice Reform, to have questions concerning its minimize litigation, eliminate Environment provisions or options for compliance, ambiguity, and reduce burden. We have analyzed this rule under please call Chief Eldridge McFadden, Protection of Children Commandant Instruction M16475.lD Sector Boston, Waterways Management and Department of Homeland Security Division, at (617) 223–5160. We have analyzed this rule under Management Directive 5100.1, which Small businesses may send comments Executive Order 13045, Protection of guide the Coast Guard in complying on the actions of Federal employees Children from Environmental Health with the National Environmental Policy who enforce, or otherwise determine Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321– compliance with, Federal regulations to an economically significant rule and 4370f), and have concluded that there the Small Business and Agriculture does not create an environmental risk to are no factors in this case that would Regulatory Enforcement Ombudsman health or risk to safety that may limit the use of a categorical exclusion and the Regional Small Business disproportionately affect children. under section 2.B.2 of the Instruction. Regulatory Fairness Boards. The Indian Tribal Governments Therefore, this rule is categorically Ombudsman evaluates these actions excluded, under figure 2–1, paragraph annually and rates each agency’s This rule does not have tribal (34)(g) of the Instruction, from further responsiveness to small business. If you implications under Executive Order environmental documentation. This rule wish to comment on actions by 13175, Consultation and Coordination fits the category selected from paragraph employees of the Coast Guard, call 1– with Indian Tribal Governments, (34)(g), as it establishes a safety zone. A 888–REG–FAIR (1–888–734–3247). The because it does not have a substantial final ‘‘Environmental Analysis Check Coast Guard will not retaliate against direct effect on one or more Indian List’’ and a final ‘‘Categorical Exclusion small entities that question or complain tribes, on the relationship between the Determination’’ will be available in the about this rule or any policy or action Federal Government and Indian tribes, docket where indicated under or on the distribution of power and of the Coast Guard. ADDRESSES. responsibilities between the Federal Collection of Information Government and Indian tribes. List of Subjects in 33 CFR Part 165 This rule calls for no new collection Energy Effects Harbors, Marine safety, Navigation of information under the Paperwork (water), Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under requirements, Security measures, 3520). Executive Order 13211, Actions Waterways. Concerning Regulations That I Federalism Significantly Affect Energy Supply, For the reasons discussed in the A rule has implications for federalism Distribution, or Use. We have preamble, the Coast Guard amends 33 under Executive Order 13132, determined that it is not a ‘‘significant CFR part 165 as follows: Federalism, if it has a substantial direct energy action’’ under that order because PART 165—REGULATED NAVIGATION effect on State or local governments and it is not a ‘‘significant regulatory action’’ AREAS AND LIMITED ACCESS AREAS would either preempt State law or under Executive Order 12866 and is not impose a substantial direct cost of likely to have a significant adverse effect I 1. The authority citation for part 165 compliance on them. We have analyzed on the supply, distribution, or use of continues to read as follows:

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Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. (e) Enforcement period. This section only at the hard copy location (e.g., Chapter 701; 50 U.S.C. 191, 195; 33 CFR will be enforced only during daylight copyrighted material), and some may 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. hours where blasting operations are not be publicly available in either 107–295, 116 Stat. 2064; Department of being conducted and when the vessel location (e.g., CBI). To inspect the hard Homeland Security Delegation No. 0170.1. EMILY ROSE is loading, transporting or copy materials, please schedule an I 2. Add temporary § 165.T01–145 to unloading explosives. appointment during normal business read as follows: Dated: October 4, 2007. hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. § 165.T–01–145 Safety Zone: Army Corps Gail P. Kulisch, Underwater Rock Demolition, Boston Captain, U.S. Coast Guard, Captain of the FOR FURTHER INFORMATION CONTACT: Harbor, Boston, MA. Port, Boston, Massachusetts. Cynthia Allen, Air Division, U.S. EPA (a) Location. The following areas are [FR Doc. E7–20780 Filed 10–22–07; 8:45 am] Region IX, (415) 947–4120, [email protected]. safety zones: (1) All navigable waters of BILLING CODE 4910–15–P the Fore River and Boston Harbor, from SUPPLEMENTARY INFORMATION: surface to bottom, within a four Table of Contents hundred (400) yard radius around the ENVIRONMENTAL PROTECTION I. Background blasting and dredging sites located in AGENCY II. Public Comment Boston Harbor at approximate positions: III. EPA Action 42°20′05.5″ N, 070°59′53.9″ W, east- 40 CFR Part 55 IV. Administrative Requirements ° ′ ″ southeast of Castle Island; 42 20 19.0 [OAR–2004–0091; FRL–8479–6] A. Executive Order 12866, Regulatory N, 070°58′46.5″ W, President Roads Planning and Review Anchorage; 42°21′15.80″ N, Outer Continental Shelf Air B. Paperwork Reduction Act C. Regulatory Flexibility Act 070°55′51.95″ W, North Channel; and Regulations; Consistency Update for ° ′ ″ ° ′ ″ D. Unfunded Mandates Reform Act 42 22 03.70 N, 070 55 18.83 W, North California E. Executive Order 13132, Federalism Channel, while blasting operations are F. Executive Order 13175, Coordination AGENCY: Environmental Protection occurring. (2) All navigable waters With Indian Tribal Governments within a one hundred (100) yard radius Agency (‘‘EPA’’). G. Executive Order 13045, Protection of of the motor vessel EMILY ROSE while ACTION: Final rule—consistency update. Children From Environmental Health it is loading, transporting and unloading Risks and Safety Risks SUMMARY: EPA is finalizing the updates explosives. H. Executive Order 13211, Actions That of the Outer Continental Shelf (‘‘OCS’’) (b) Effective Date. This rule is Significantly Affect Energy Supply, Air Regulations proposed in the Federal Distribution, or Use effective from 12:01 a.m. on October 5, Register on March 23, 2006, August 18, I. National Technology Transfer and 2007 until 11:59 p.m. on December 31, 2006 and May 31, 2007. Requirements Advancement Act 2007. applying to OCS sources located within J. Congressional Review Act (c) Definitions. The following K. Petitions for Judicial Review definition applies to this section: 25 miles of states’ seaward boundaries Designated representative, means any must be updated periodically to remain I. Background commissioned, warrant, and petty consistent with the requirements of the Throughout this document, the terms officers of the Coast Guard on board corresponding onshore area (‘‘COA’’), as ‘‘we’’, ‘‘us’’, and ‘‘our’’ refer to U.S. Coast Guard, Coast Guard Auxiliary, mandated by section 328(a)(1) of the EPA. and local, state, and federal law Clean Air Act Amendments of 1990 On March 23, 2006 (71 FR 14662), enforcement vessels who have been (‘‘the Act’’). The portions of the OCS air August 18, 2006 (71 FR 47758) and May authorized to act on the behalf of the regulations that are being updated 31, 2007 (72 FR 30320), EPA proposed Captain of the Port, Boston Harbor. pertain to the requirements for OCS to approve requirements into the OCS (d) Regulations. (1) The general sources for which the Ventura County Air Regulations pertaining to Ventura regulations contained in 33 CFR Air Pollution Control District is the County APCD. These requirements are § 165.23 apply. designated COA. The intended effect of being promulgated in response to the (2) In accordance with the general approving the requirements contained submittal of rules from this California regulations in section 165.23 of this in ‘‘Ventura County Air Pollution air pollution control agency. EPA has part, entry into or movement within this Control District Requirements evaluated the proposed requirements to zone by any person or vessel is Applicable to OCS Sources’’ (September ensure that they are rationally related to prohibited unless authorized by the 2007) is to regulate emissions from OCS the attainment or maintenance of federal Captain of the Port (COTP), Boston or sources in accordance with the or state ambient air quality standards or the COTP’s designated representative. requirements onshore. Part C of title I of the Act, that they are (3) The safety zone is closed to all DATES: Effective Date: This rule is not designed expressly to prevent vessel traffic, except as may be effective on November 23, 2007. exploration and development of the permitted by the COTP or the COTP’s The incorporation by reference of OCS and that they are applicable to OCS designated representative. certain publications listed in this rule is sources. 40 CFR 55.1. EPA has also (4) Vessel operators desiring to enter approved by the Director of the Federal evaluated the rules to ensure that they or operate within the safety zone must Register as of November 23, 2007. are not arbitrary or capricious. 40 CFR contact the COTP or the COTP’s ADDRESSES: EPA has established docket 55.12(e). In addition, EPA has excluded designated representative to obtain number OAR–2004–0091 for this action. administrative or procedural rules. permission by calling the Sector Boston The index to the docket is available Section 328(a) of the Act requires that Command Center at 617–223–5761 or electronically at www.regulations.gov EPA establish requirements to control via VHF channel 16. Vessel operators and in hard copy at EPA Region IX, 75 air pollution from OCS sources located given permission to enter or operate in Hawthorne Street, San Francisco, within 25 miles of states’ seaward the safety zone must comply with all California. While all documents in the boundaries that are the same as onshore directions given to them by the COTP or docket are listed in the index, some requirements. To comply with this the COTP’s designated representative. information may be publicly available statutory mandate, EPA must

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incorporate applicable onshore rules 2. Create a serious inconsistency or An agency may not conduct or into part 55 as they exist onshore. This otherwise interfere with an action taken sponsor, and a person is not required to limits EPA’s flexibility in deciding or planned by another agency; respond to, a collection of information which requirements will be 3. Materially alter the budgetary unless it displays a currently valid OMB incorporated into part 55 and prevents impact of entitlements, grants, user fees, control number. The OMB control EPA from making substantive changes or loan programs or the rights and numbers for EPA’s regulations in 40 to the requirements it incorporates. As obligations of recipients thereof; or CFR are listed in 40 CFR part 9 and are a result, EPA may be incorporating rules 4. Raise novel legal or policy issues identified on the form and/or into part 55 that do not conform to all arising out of legal mandates, the instrument, if applicable. In addition, of EPA’s state implementation plan President’s priorities, or the principles EPA is amending the table in 40 CFR (SIP) guidance or certain requirements set forth in the Executive Order. part 9 of currently approved OMB of the Act. Consistency updates may This action is not a ‘‘significant control numbers for various regulations result in the inclusion of state or local regulatory action’’ under the terms of to list the regulatory citations for the rules or regulations into part 55, even Executive Order 12866 and is therefore information requirements contained in though the same rules may ultimately be not subject to OMB Review. This rule this final rule. implements requirements specifically disapproved for inclusion as part of the C. Regulatory Flexibility Act SIP. Inclusion in the OCS rule does not and explicitly set forth by the Congress imply that a rule meets the requirements in section 328 of the Clean Air Act, The Regulatory Flexibility Act of the Act for SIP approval, nor does it without the exercise of any policy (‘‘RFA’’) generally requires an agency to imply that the rule will be approved by discretion by EPA. These OCS rules conduct a regulatory flexibility analysis EPA for inclusion in the SIP. already apply in the COA, and EPA has of any rule subject to notice and no evidence to suggest that these OCS comment rulemaking requirements II. Public Comments rules have created an adverse material unless the agency certifies that the rule effect. As required by section 328 of the will not have a significant economic EPA’s proposed actions provided 30- Clean Air Act, this action simply impact on a substantial number of small day public comment periods. During updates the existing OCS requirements entities. Small entities include small these periods, we received no comments to make them consistent with rules in businesses, small not-for-profit on the proposed actions. the COA. enterprises, and small governmental III. EPA Action B. Paperwork Reduction Act jurisdictions. This rule will not have a significant In this document, EPA takes final The OMB has approved the economic impact on a substantial action to incorporate the proposed information collection requirements number of small entities. This rule changes into 40 CFR part 55. No contained in 40 CFR part 55, and by implements requirements specifically changes were made to the proposed extension this update to the rules, under and explicitly set forth by the Congress actions. EPA is approving the proposed the provisions of the Paperwork in section 328 of the Clean Air Act, actions under section 328(a)(1) of the Reduction Act, 44 U.S.C. 3501 et seq. without the exercise of any policy Act, 42 U.S.C. 7627. Section 328(a) of and has assigned OMB control number discretion by EPA. These OCS rules the Act requires that EPA establish 2060–0249. Notice of OMB’s approval of already apply in the COA, and EPA has requirements to control air pollution EPA Information Collection Request no evidence to suggest that these OCS from OCS sources located within 25 (‘‘ICR’’) No. 1601.06 was published in rules have had a significant economic miles of states’ seaward boundaries that the Federal Register on March 1, 2006 impact on a substantial number of small are the same as onshore requirements. (71 FR 10499–10500). The approval entities. As required by section 328 of To comply with this statutory mandate, expires January 31, 2009. the Clean Air Act, this action simply EPA must incorporate applicable As EPA previously indicated (70 FR updates the existing OCS requirements onshore rules into part 55 as they exist 65897–65898 (November 1, 2005)), the to make them consistent with rules in onshore. annual public reporting and the COA. Therefore, I certify that this recordkeeping burden for collection of IV. Administrative Requirements action will not have a significant information under 40 CFR part 55 is economic impact on a substantial A. Executive Order 12866, Regulatory estimated to average 549 hours per number of small entities. Planning and Review response. Burden means the total time, effort, or financial resources expended D. Unfunded Mandates Reform Act Under Executive Order 12866 (58 FR by persons to generate, maintain, retain, Title II of the Unfunded Mandates 51735 (October 4, 1993)), the Agency or disclose or provide information to or Reform Act of 1995 (‘‘UMRA’’), Public must determine whether the regulatory for a Federal agency. This includes the Law 104–4, establishes requirements for action is ‘‘significant’’ and therefore time needed to review instructions; Federal agencies to assess the effects of subject to Office of Management and develop, acquire, install, and utilize their regulatory actions on State, local, Budget (‘‘OMB’’) review and the technology and systems for the purposes and tribal governments and the private requirements of the Executive Order. of collecting, validating, and verifying sector. Under section 202 of the UMRA, The Order defines ‘‘significant information, processing and EPA generally must prepare written regulatory action’’ as one that is likely maintaining information, and disclosing statement, including a cost-benefit to result in a rule that may: and providing information; adjust the analysis, for proposed and final rules 1. Have an annual effect on the existing ways to comply with any with ‘‘Federal mandates’’ that may economy of $100 million or more or previously applicable instructions and result in expenditures to State, local, adversely affect in a material way the requirements; train personnel to be able and tribal governments, in the aggregate, economy, a sector of the economy, to respond to a collection of or to the private sector, of $100 million productivity, competition, jobs, the information; search data sources; or more in any one year. environment, public health or safety, or complete and review the collection of Before promulgating an EPA rule for State, local, or tribal governments or information; and transmit or otherwise which a written statement is needed, communities; disclose the information. section 205 of the UMRA generally

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requires EPA to identify and consider a power and responsibilities among the Risks and Safety Risks’’ (62 FR 19885 reasonable number of regulatory various levels of government.’’ (April 23, 1997)), applies to any rule alternatives and adopt the least costly, This final rule does not have that: (1) Is determined to be most cost-effective or least burdensome federalism implications. It will not have ‘‘economically significant’’ as defined alternative that achieves the objectives substantial direct effects on the States, under Executive Order 12866, and (2) of the rule. The provisions of section on the relationship between the national concerns an environmental health or 205 do not apply when they are government and the States, or on the safety risk that EPA has reason to inconsistent with applicable law. distribution of power and believe may have a disproportionate Moreover, section 205 allows EPA to responsibilities among the various effect on children. If the regulatory adopt an alternative other than the least levels of government, as specified in action meets both criteria, the Agency costly, most cost-effective or least Executive Order 13132. This rule must evaluate the environmental health burdensome alternative if the implements requirements specifically or safety effects of the planned rule on Administrator publishes with the final and explicitly set forth by the Congress children, and explain why the planned rule an explanation why that alternative in section 328 of the Clean Air Act, regulation is preferable to other was not adopted. without the exercise of any policy potentially effective and reasonably Before EPA establishes any regulatory discretion by EPA. As required by feasible alternatives considered by the requirements that may significantly or section 328 of the Clean Air Act, this Agency. uniquely affect small governments, rule simply updates the existing OCS This final rule is not subject to including tribal governments, it must rules to make them consistent with Executive Order 13045 because it is not have developed under section 203 of the current COA requirements. This rule economically significant as defined in UMRA a small government agency plan. does not amend the existing provisions Executive Order 12866. In addition, the The plan must provide for notifying within 40 CFR part 55 enabling Agency does not have reason to believe potentially affected small governments, delegation of OCS regulations to a COA, the environmental health or safety risks enabling officials of affected small and this rule does not require the COA addressed by this action present a governments to have meaningful and to implement the OCS rules. Thus, disproportional risk to children. Executive Order 13132 does not apply timely input in the development of EPA H. Executive Order 13211, Actions That to this rule. regulatory proposals with significant Significantly Affect Energy Supply, Federal intergovernmental mandates, F. Executive Order 13175, Coordination Distribution, or Use and informing, educating, and advising With Indian Tribal Governments This final rule is not subject to small governments on compliance with Executive Order 13175, entitled Executive Order 13211, ‘‘Actions the regulatory requirements. ‘‘Consultation and Coordination with Concerning Regulations That Today’s final rule contains no Federal Indian Tribal Governments’’ (65 FR Significantly Affect Energy Supply, mandates (under the regulatory 67249 (November 9, 2000)), requires Distribution, or Use’’ (66 FR 28355 (May provisions of Title II of the UMRA) for EPA to develop an accountable process 22, 2001) because it is not a significant State, local, or tribal governments or the to ensure ‘‘meaningful and timely input regulatory action under Executive Order private sector that may result in by tribal officials in the development of 12866. expenditures of $100 million or more regulatory policies that have tribal for State, local, or tribal governments, in implications.’’ This final rule does not I. National Technology Transfer and the aggregate, or to the private sector in have a substantial direct effect on one or Advancement Act any one year. This rule implements more Indian tribes, on the relationship Section 12(d) of the National requirements specifically and explicitly between the Federal Government and Technology Transfer and Advancement set forth by the Congress in section 328 Indian tribes or on the distribution of Act of 1995 (‘‘NTTAA’’), Public Law No. of the Clean Air Act without the power and responsibilities between the 104–113, 12(d) (15 U.S.C. 272 note) exercise of any policy discretion by Federal Government and Indian tribes directs EPA to use voluntary consensus EPA. These OCS rules already apply in and thus does not have ‘‘tribal standards in its regulatory activities the COA, and EPA has no evidence to implications,’’ within the meaning of unless to do so would be inconsistent suggest that these OCS rules have Executive Order 13175. This rule with applicable laws or otherwise created an adverse material effect. As implements requirements specifically impractical. Voluntary consensus required by section 328 of the Clean Air and explicitly set forth by the Congress standards are technical standards (e.g., Act, this action simply updates the in section 328 of the Clean Air Act, materials specifications, test methods, existing OCS requirements to make without the exercise of any policy sampling procedures, and business them consistent with rules in the COA. discretion by EPA. As required by practices) that are developed or adopted E. Executive Order 13132, Federalism section 328 of the Clean Air Act, this by voluntary consensus standards rule simply updates the existing OCS bodies. The NTTAA directs EPA to Executive Order 13132, entitled rules to make them consistent with provide Congress, through OMB, ‘‘Federalism’’ (64 FR 43255 (August 10, current COA requirements. In addition, explanations when the Agency decided 1999)), requires EPA to develop an this rule does not impose substantial not to use available and applicable accountable process to ensure direct compliance costs on tribal voluntary consensus standards. ‘‘meaningful and timely input by State governments, nor preempt tribal law. As discussed above, this rule and local officials in the development of Consultation with Indian tribes is implements requirements specifically regulatory policies that have federalism therefore not required under Executive and explicitly set forth by the Congress implications.’’ ‘‘Policies that have Order 13175. in section 328 of the Clean Air Act, federalism implications’’ is defined in without the exercise of any policy the Executive Order to include G. Executive Order 13045, Protection of discretion by EPA. As required by regulations that have ‘‘substantial direct Children From Environmental Health section 328 of the Clean Air Act, this effects on the States, on the relationship Risks and Safety Risks final rule simply updates the existing between the national government and Executive Order 13045: ‘‘Protection of OCS rules to make them consistent with the States, or on the distribution of Children from Environmental Health current COA requirements. In the

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absence of a prior existing requirement Dated: September 20, 2007. Rule 24 Source Recordkeeping, Reporting, for the state to use voluntary consensus Wayne Nastri, and Emission Statements (Adopted 09/15/ standards and in light of the fact that Regional Administrator, Region IX. 92) Rule 26 New Source Review—General EPA is required to make the OCS rules I Title 40 of the Code of Federal (Adopted 03/14/06) consistent with current COA Regulations, part 55, is to be amended Rule 26.1 New Source Review—Definitions requirements, it would be inconsistent as follows: (Adopted 11/14/06) with applicable law for EPA to use Rule 26.2 New Source Review— voluntary consensus standards in this PART 55—[AMENDED] Requirements (Adopted 05/14/02) action. Therefore, EPA is not Rule 26.3 New Source Review—Exemptions I 1. The authority citation for part 55 (Adopted 03/14/06) considering the use of any voluntary continues to read as follows: Rule 26.6 New Source Review— consensus standards. Calculations (Adopted 03/14/06) Authority: Section 328 of the Clean Air Act Rule 26.8 New Source Review—Permit To (42 U.S.C. 7401 et seq.) as amended by Public J. Congressional Review Act Operate (Adopted 10/22/91) Law 101–549. The Congressional Review Act, 5 Rule 26.10 New Source Review—PSD I (Adopted 01/13/98) U.S.C. 801 et seq., as added by the Small 2. Section 55.14 is amended by revising paragraph (e)(3)(ii)(H) to read as Rule 26.11 New Source Review—ERC Business Regulatory Enforcement follows: Evaluation At Time of Use (Adopted 05/ Fairness Act of 1996, generally provides 14/02) that before a rule may take effect, the § 55.14 Requirements that apply to OCS Rule 26.12 Federal Major Modifications agency promulgating the rule must sources located within 25 miles of states (Adopted 06/27/06) submit a rule report, which includes a seaward boundaries, by state. Rule 28 Revocation of Permits (Adopted 07/ * * * * * 18/72) copy of the rule, to each House of the Rule 29 Conditions on Permits (Adopted Congress and to the Comptroller General (e) * * * (3) * * * 03/14/06) of the United States. EPA will submit a Rule 30 Permit Renewal (Adopted 04/13/ (ii) * * * report containing this rule and other 04) (H) Ventura County Air Pollution Rule 32 Breakdown Conditions: Emergency required information to the U.S. Senate, Control District Requirements the U.S. House of Representatives, and Variances, A., B.1., and D. only. (Adopted Applicable to OCS Sources, September 02/20/79) the Comptroller General of the United 2007. Rule 33 Part 70 Permits—General (Adopted States prior to publication of the rule in * * * * * 09/12/06) the Federal Register. A major rule I 3. Appendix A to CFR Part 55 is Rule 33.1 Part 70 Permits—Definitions cannot take effect until 60 days after it (Adopted 09/12/06) amended by revising paragraph (b)(8) is published in the Federal Register. Rule 33.2 Part 70 Permits—Application under the heading ‘‘California’’ to read Contents (Adopted 04/10/01) This action is not a ‘‘major rule’’ as as follows: defined by 5 U.S.C. 804(2). This action Rule 33.3 Part 70 Permits—Permit Content Appendix A to Part 55—Listing of State (Adopted 09/12/06) will be effective November 23, 2007. Rule 33.4 Part 70 Permits—Operational and Local Requirements Incorporated K. Petitions for Judicial Review Flexibility (Adopted 04/10/01) by Reference Into Part 55, by State Rule 33.5 Part 70 Permits—Time frames for Under section 307(b)(1) of the Clean * * * * * Applications, Review and Issuance Air, petitions for judicial review of this California (Adopted 10/12/93) (a) * * * Rule 33.6 Part 70 Permits—Permit Term action must be filed in the United States (b) * * * and Permit Reissuance (Adopted 10/12/93) Court of Appeals for the appropriate * * * * * Rule 33.7 Part 70 Permits—Notification circuit by December 24, 2007. Filing a (8) The following requirements are (Adopted 04/10/01) petition for reconsideration by the contained in Ventura County Air Pollution Rule 33.8 Part 70 Permits—Reopening of Administrator of this final action does Control District Requirements Applicable to Permits (Adopted 10/12/93) not affect the finality of this action for OCS Sources, September 2007: Rule 33.9 Part 70 Permits—Compliance Provisions (Adopted 04/10/01) Rule 2 Definitions (Adopted 04/13/04) the purposes of judicial review nor does Rule 33.10 Part 70 Permits—General Part 70 Rule 5 Effective Date (Adopted 04/13/04) it extend the time within which a Permits (Adopted 10/12/93) Rule 6 Severability (Adopted 11/21/78) petition for judicial review may be filed, Rule 34 Acid Deposition Control (Adopted Rule 7 Zone Boundaries (Adopted 06/14/ 03/14/95) and shall not postpone the effectiveness 77) of such rule or action. This action may Rule 10 Permits Required (Adopted 04/13/ Rule 35 Elective Emission Limits (Adopted not be challenged later in proceedings to 04) 11/12/96) enforce its requirements. (See section Rule 11 Definition for Regulation II Rule 36 New Source Review—Hazardous Air Pollutants (Adopted 10/06/98) 307(b)(2).) (Adopted 03/14/06) Rule 12 Applications for Permits (Adopted Rule 42 Permit Fees (Adopted 04/11/06) List of Subjects in 40 CFR Part 55 06/13/95) Rule 44 Exemption Evaluation Fee Rule 13 Action on Applications for an (Adopted 09/10/96) Environmental protection, Authority to Construct (Adopted 06/13/95) Rule 45 Plan Fees (Adopted 06/19/90) Administrative practice and procedures, Rule 14 Action on Applications for a Permit Rule 45.2 Asbestos Removal Fees (Adopted 08/04/92) Air pollution control, Hydrocarbons, to Operate (Adopted 06/13/95) Rule 15.1 Sampling and Testing Facilities Rule 47 Source Test, Emission Monitor, and Incorporation by reference, (Adopted 10/12/93) Call-Back Fees (Adopted 06/22/99) Intergovernmental relations, Nitrogen Rule 16 BACT Certification (Adopted 06/ Rule 50 Opacity (Adopted 04/13/04) dioxide, Nitrogen oxides, Outer 13/95) Rule 52 Particulate Matter-Concentration Continental Shelf, Ozone, Particulate Rule 19 Posting of Permits (Adopted 05/23/ (Grain Loading) (Adopted 04/13/04) matter, Permits, Reporting and 72) Rule 53 Particulate Matter-Process Weight Rule 20 Transfer of Permit (Adopted 05/23/ (Adopted 04/13/04) recordkeeping requirements, Sulfur 72) Rule 54 Sulfur Compounds (Adopted 06/ oxides. Rule 23 Exemptions from Permits (Adopted 14/94) 09/12/06) Rule 56 Open Burning (Adopted 11/11/03)

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Rule 57 Incinerators (Adopted 01/11/05) Rule 74.26 Crude Oil Storage Tank no commercial quota is available for Rule 57.1 Particulate Matter Emissions from Degassing Operations (Adopted 11/08/94) landing summer flounder in New York. Fuel Burning Equipment (Adopted 01/11/ Rule 74.27 Gasoline and ROC Liquid DATES: Effective 0001 hours, October 20, 05) Storage Tank Degassing Operations Rule 62.7 Asbestos—Demolition and (Adopted 11/08/94) 2007, through 2400 hours, December 31, Renovation (Adopted 09/01/92) Rule 74.28 Asphalt Roofing Operations 2007. Rule 63 Separation and Combination of (Adopted 05/10/94) FOR FURTHER INFORMATION CONTACT: Emissions (Adopted 11/21/78) Rule 74.30 Wood Products Coatings Emily Bryant, Fishery Management Rule 64 Sulfur Content of Fuels (Adopted (Adopted 06/27/06) Specialist, (978) 281–9244. 04/13/99) Rule 75 Circumvention (Adopted 11/27/78) SUPPLEMENTARY INFORMATION: Rule 67 Vacuum Producing Devices Rule 101 Sampling and Testing Facilities (Adopted 07/05/83) (Adopted 05/23/72) Regulations governing the summer Rule 68 Carbon Monoxide (Adopted 04/13/ Rule 102 Source Tests (Adopted 04/13/04) flounder fishery are found at 50 CFR 04) Rule 103 Continuous Monitoring Systems part 648. The regulations require annual Rule 71 Crude Oil and Reactive Organic (Adopted 02/09/99) specification of a commercial quota that Compound Liquids (Adopted 12/13/94) Rule 154 Stage 1 Episode Actions (Adopted is apportioned on a percentage basis Rule 71.1 Crude Oil Production and 09/17/91) among the coastal states from North Separation (Adopted 06/16/92) Rule 155 Stage 2 Episode Actions (Adopted Carolina through Maine. The process to Rule 71.2 Storage of Reactive Organic 09/17/91) Compound Liquids (Adopted 09/26/89) set the annual commercial quota and the Rule 156 Stage 3 Episode Actions (Adopted percent allocated to each state is Rule 71.3 Transfer of Reactive Organic 09/17/91) Compound Liquids (Adopted 06/16/92) Rule 158 Source Abatement Plans (Adopted described in § 648.100. Rule 71.4 Petroleum Sumps, Pits, Ponds, 09/17/91) The initial total commercial quota for and Well Cellars (Adopted 06/08/93) Rule 159 Traffic Abatement Procedures summer flounder for the 2007 calendar Rule 71.5 Glycol Dehydrators (Adopted 12/ (Adopted 09/17/91) year was set equal to 7,789,800 lb (3,533 13/94) Rule 220 General Conformity (Adopted 05/ mt) (71 FR 75134, December 14, 2006). Rule 72 New Source Performance Standards 09/95) This quota was increased through an (NSPS) (Adopted 09/13/05) Rule 230 Notice to Comply (Adopted 11/09/ emergency action to 10,267,098 lb Rule 73 National Emission Standards for 99) (4,658 mt) (72 FR 2458, January 19, Hazardous Air Pollutants (NESHAPS (Adopted 09/13/05) * * * * * 2007). The percent allocated to vessels Rule 74 Specific Source Standards [FR Doc. E7–20139 Filed 10–22–07; 8:45 am] landing summer flounder in New York is 7.64599 percent, resulting in a (Adopted 07/06/76) BILLING CODE 6560–50–P Rule 74.1 Abrasive Blasting (Adopted 11/ commercial quota of 785,029 lb (357 12/91) mt). The 2007 allocation was reduced to Rule 74.2 Architectural Coatings (Adopted DEPARTMENT OF COMMERCE 767,161 lb (348 mt) when research set- 11/13/01) aside was deducted and then reduced to Rule 74.6 Surface Cleaning and Degreasing National Oceanic and Atmospheric 619,123 (281 mt) after the 2006 overages (Adopted 11/11/03—effective 07/01/04) Administration had been applied. Rule 74.6.1 Batch Loaded Vapor Degreasers Section 648.101(b) requires the (Adopted 11/11/03—effective 07/01/04) Rule 74.7 Fugitive Emissions of Reactive 50 CFR Part 648 Administrator, Northeast Region, NMFS Organic Compounds at Petroleum (Regional Administrator) to monitor Refineries and Chemical Plants (Adopted [Docket No. 061020273–7001–03] state commercial quotas and to 10/10/95) determine when a state’s commercial Rule 74.8 Refinery Vacuum Producing RIN 0648–XD45 quota has been harvested. NMFS then Systems, Waste-water Separators and Fisheries of the Northeastern United publishes a notification in the Federal Process Turnarounds (Adopted 07/05/83) Register to advise the state and to notify Rule 74.9 Stationary Internal Combustion States; Summer Flounder Fishery; Commercial Quota Harvested for New Federal vessel and dealer permit holders Engines (Adopted 11/08/05) that, effective upon a specific date, the Rule 74.10 Components at Crude Oil York Production Facilities and Natural Gas state’s commercial quota has been Production and Processing Facilities AGENCY: National Marine Fisheries harvested and no commercial quota is (Adopted 03/10/98) Service (NMFS), National Oceanic and available for landing summer flounder Rule 74.11 Natural Gas-Fired Residential Atmospheric Administration (NOAA), in that state. The Regional Water Heaters—Control of NOX (Adopted Commerce. Administrator has determined, based 04/09/85) ACTION: Temporary rule; closure. upon dealer reports and other available Rule 74.11.1 Large Water Heaters and Small information, that New York has Boilers (Adopted 09/14/99) SUMMARY: NMFS announces that the harvested its quota for 2007. Rule 74.12 Surface Coating of Metal Parts 2007 summer flounder commercial The regulations at § 648.4(b) provide and Products (Adopted 11/11/03) Rule 74.15 Boilers, Steam Generators and quota allocated to the State of New York that Federal permit holders agree, as a Process Heaters (Adopted 11/08/94) has been harvested. Vessels issued a condition of the permit, not to land Rule 74.15.1 Boilers, Steam Generators and commercial Federal fisheries permit for summer flounder in any state that the Process Heaters (Adopted 06/13/00) the summer flounder fishery may not Regional Administrator has determined Rule 74.16 Oil Field Drilling Operations land summer flounder in New York for no longer has commercial quota (Adopted 01/08/91) the remainder of calendar year 2007, available. Therefore, effective 0001 Rule 74.20 Adhesives and Sealants unless additional quota becomes hours, October 20, 2007, further (Adopted 01/11/05) available through a transfer from landings of summer flounder in New Rule 74.23 Stationary Gas Turbines another state. Regulations governing the York by vessels holding summer (Adopted 1/08/02) Rule 74.24 Marine Coating Operations summer flounder fishery require flounder commercial Federal fisheries (Adopted 11/11/03) publication of this notification to advise permits are prohibited for the remainder Rule 74.24.1 Pleasure Craft Coating and New York that the quota has been of the 2007 calendar year, unless Commercial Boatyard Operations (Adopted harvested and to advise vessel permit additional quota becomes available 01/08/02) holders and dealer permit holders that through a transfer and is announced in

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the Federal Register. Effective 0001 Aleutian Islands management area After the effective date of this closure hours, October 20, 2007, federally (BSAI). This action is necessary to the maximum retainable amounts at permitted dealers are also notified that prevent exceeding the 2007 directed § 679.20(e) and (f) apply at any time they may not purchase summer flounder fishing allowance (DFA) of Pacific cod during a trip. from federally permitted vessels that specified for catcher vessels using pot land in New York for the remainder of gear in the BSAI. Classification the calendar year, or until additional DATES: Effective 1200 hrs, Alaska local This action responds to the best quota becomes available through a time (A.l.t.), October 18, 2007, until available information recently obtained transfer from another state. 1200 hrs, A.l.t., December 31, 2007. from the fishery. The Assistant Classification FOR FURTHER INFORMATION CONTACT: Administrator for Fisheries, NOAA Jennifer Hogan, 907–586–7228. (AA), finds good cause to waive the This action is required by 50 CFR part SUPPLEMENTARY INFORMATION: NMFS requirement to provide prior notice and 648 and is exempt from review under manages the groundfish fishery in the Executive Order 12866. opportunity for public comment BSAI according to the Fishery pursuant to the authority set forth at 5 Authority: 16 U.S.C. 1801 et seq. Management Plan for Groundfish of the U.S.C. 553(b)(B) as such requirement is Dated: October 17, 2007. Bering Sea and Aleutian Islands impracticable and contrary to the public Emily H. Menashes, Management Area (FMP) prepared by interest. This requirement is the North Pacific Fishery Management Acting Director, Office of Sustainable impracticable and contrary to the public Fisheries, National Marine Fisheries Service. Council under authority of the interest as it would prevent NMFS from Magnuson-Stevens Fishery [FR Doc. 07–5228 Filed 10–22–07; 3:08 pm] responding to the most recent fisheries Conservation and Management Act. data in a timely fashion and would BILLING CODE 3510–22–S Regulations governing fishing by U.S. delay the closure of Pacific cod by vessels in accordance with the FMP catcher vessels using pot gear in the appear at subpart H of 50 CFR part 600 DEPARTMENT OF COMMERCE BSAI. NMFS was unable to publish a and 50 CFR part 679. The 2007 Pacific cod TAC allocated to notice providing time for public National Oceanic and Atmospheric comment because the most recent, Administration catcher vessels using pot gear in the BSAI as a DFA of 12,129 metric tons is relevant data only became available as of October 17, 2007. 50 CFR Part 679 established by the 2007 and 2008 final harvest specifications for groundfish in The AA also finds good cause to [Docket No. 070213033–7033–01] the BSAI (72 FR 9451, March 2, 2007) waive the 30-day delay in the effective and a reallocation (72 FR 52493, RIN 0648–XD53 date of this action under 5 U.S.C. September 14, 2007). See 553(d)(3). This finding is based upon Fisheries of the Exclusive Economic § 679.20(c)(3)(iii) and (c)(5), and the reasons provided above for waiver of Zone Off Alaska; Pacific Cod by (a)(7)(i)(C). The fishery was previously prior notice and opportunity for public Catcher Vessels Using Pot Gear in the closed to directed fishing on September comment. 28, 2007 (72 FR 56016, October 2, 2007) Bering Sea and Aleutian Islands This action is required by § 679.20 Management Area and reopened on October 2, 2007 (72 FR 56933, October 5, 2007). and is exempt from review under AGENCY: National Marine Fisheries In accordance with § 679.20(d)(1)(iii), Executive Order 12866. Service (NMFS), National Oceanic and the Administrator, Alaska Region, Authority: 16 U.S.C. 1801 et seq. NMFS, has determined that the 2007 Atmospheric Administration (NOAA), Dated: October 17, 2007. Commerce. Pacific cod TAC allocated to catcher Emily H. Menashes, ACTION: Temporary rule; closure. vessels using pot gear in the BSAI has been reached. Consequently, NMFS is Acting Director, Office of Sustainable SUMMARY: NMFS is prohibiting directed prohibiting directed fishing for Pacific Fisheries, National Marine Fisheries Service. fishing for Pacific cod by catcher vessels cod by catcher vessels using pot gear in [FR Doc. 07–5227 Filed 10–18–07; 3:08 pm] using pot gear in the Bering Sea and the BSAI. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 72, No. 204

Tuesday, October 23, 2007

This section of the FEDERAL REGISTER must be in Adobe Acrobat (.pdf) or political party committee, separate contains notices to the public of the proposed Microsoft Word (.doc) format. Faxed segregated fund (‘‘SSF’’), or issuance of rules and regulations. The comments must be sent to (202) 219– nonconnected political committee, if purpose of these notices is to give interested 3923, with paper copy follow-up. Paper they are not traveling on behalf of a persons an opportunity to participate in the comments and paper copy follow-up of specific candidate. Under Alternative 2, rule making prior to the adoption of the final rules. faxed comments must be sent to the the proposed changes would affect only Federal Election Commission, 999 E candidates for Federal office and those Street, NW., Washington, DC 20463. All traveling on behalf of a candidate for FEDERAL ELECTION COMMISSION comments must include the full name Federal office and his or her authorized and postal service address of the committee. The proposed changes 11 CFR Parts 100, 113, 9004, and 9034 commenter or they will not be would not alter the Commission’s considered. The Commission will post treatment of travel by means of [Notice 2007–20] comments on its Web site after the transportation other than aircraft, or on Candidate Travel comment period ends. The Commission travel aboard commercial airliners or hearing on this rulemaking will be held charter flights. AGENCY: Federal Election Commission. in the Commission’s ninth floor meeting In addition, Congress defined the term ACTION: Notice of proposed rulemaking. room, 999 E Street, NW., Washington, ‘‘Leadership PAC’’ in section 204(8)(B) DC. of Public Law 110–81. This type of SUMMARY: The Federal Election FOR FURTHER INFORMATION CONTACT: Ms. political committee is subject to certain Commission requests comments on Amy L. Rothstein, Assistant General restrictions under the provisions of new proposed changes to its rules Counsel, Mr. Joshua S. Blume, Attorney, 2 U.S.C. 439a(c), and is also subject to implementing new statutory provisions or Mr. Richard Ewell, Attorney, 999 E certain requirements set forth in another governing the rates and timing of Street, NW., Washington, DC 20463, section of Public Law 110–81 pertaining payment for non-commercial campaign (202) 694–1650 or (800) 424–9530. to the practice of ‘‘bundling’’ travel on aircraft, and a proposed contributions. See section 204 of Public SUPPLEMENTARY INFORMATION: The definition of ‘‘Leadership PAC.’’ These Law 110–81. The Commission is Commission is proposing changes to its proposed changes, consistent with the therefore proposing that the term be rules to implement section 601 of Pub. new statutory provisions, would restrict defined in the Commission’s regulations L. 110–81, 121 Stat. 735, the ‘‘Honest and in some cases prohibit Federal at 11 CFR 100.5(e) (examples of Leadership and Open Government Act candidates and their political ‘‘political committees’’).1 of 2007,’’ signed September 14, 2007. committees from expending campaign The new law amended the Federal I. Background funds for non-commercial air travel. The Election Campaign Act of 1971, as proposed rules would apply to all A. The Current Statutory and Regulatory amended (2 U.S.C. 431 et seq.) (‘‘the Federal candidates, including publicly Framework Act’’) by restricting, and in some cases funded presidential candidates. No final prohibiting, the expenditure of The Act defines a ‘‘contribution’’ to decisions have been made by the campaign funds by candidates for include ‘‘any gift, subscription, loan, Commission on any of the proposed Federal office for non-commercial travel advance, or deposit of money or revisions in this Notice. Further aboard aircraft. See 2 U.S.C. 439a(c) anything of value made by any person information is provided in the (henceforth referred to as ‘‘new 2 U.S.C. for the purpose of influencing any supplementary information that follows. 439a(c)’’ or ‘‘the new law’’). election for Federal office.’’ 2 U.S.C. DATES: Comments must be received on The Commission proposes to 431(8)(A)(i); see also 11 CFR 100.52(a). or before November 13, 2007. The implement these new provisions by The phrase ‘‘anything of value’’ Commission will hold a hearing on adding new section 11 CFR 113.5 to Part encompasses ‘‘the provision of any these proposed rules on November 15, 113, which governs the expenditure of goods or services without charge or at a 2007, at 10 a.m. Commenters wishing to campaign funds by candidates for charge that is less than the usual and testify at the hearing must so indicate in Federal office and their authorized normal charge for such goods or their written or electronic comments. political committees. In addition, the services.’’ 11 CFR 100.52(d)(1). When Anyone seeking to testify at the hearing Commission is proposing conforming goods or services are provided at less must file written comments by the due revisions to 11 CFR 100.93, which than the usual and normal charge, ‘‘the date and must include a request to provides an exception to the definition amount of the in-kind contribution is testify in the written comments. of ‘‘contribution’’ for non-commercial the difference between the usual and ADDRESSES: All comments must be in travel aboard aircraft by, or on behalf of, normal charge for the goods or services writing, must be addressed to Ms. Amy Federal candidates and political at the time of the contribution and the L. Rothstein, Assistant General Counsel, committees, if the candidates and amount charged the political and must be submitted in e-mail, political committees reimburse the committee.’’ Id. facsimile, or paper copy form. service providers at specified rates. As a result, candidates who travel Commenters are strongly encouraged to With respect to the scope of the aboard a commercial airliner or other submit comments by e-mail or fax to proposed changes, the Commission conveyance for which a fee is normally ensure timely receipt and consideration. presents two alternatives. Under 1 The Commission is initiating a separate E-mail comments must be sent to Alternative 1, the proposed changes rulemaking to address the bundling provisions of [email protected]. If e-mail comments would also affect travel by other the new law and intends to issue a Notice of include an attachment, the attachment persons, such as a staff member of a Proposed Rulemaking shortly.

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charged must pay the normal and usual 100.93(c)(1). If such travel is served at II. Revisions to 2 U.S.C. 439a—Use of charge for that service in order to avoid both origin and destination by coach- Campaign Funds receiving an in-kind contribution from class commercial service and the origin New 2 U.S.C. 439a(c) prohibits House, the person providing the travel service. city is not served by first-class service, Senate, and presidential candidates Such in-kind contributions would be then a coach-class rate applies. 11 CFR from making any expenditure for non- prohibited if provided by certain 100.93(c)(2). If either the origin or the commercial travel on aircraft except at entities, including corporations, labor destination city is not served by specified rates and subject to certain organizations, Federal contractors, and commercial airline service, then the rate conditions. An ‘‘expenditure’’ includes foreign nationals. See 2 U.S.C. 441b, is the normal and usual charter fare for any payment by any person ‘‘made for 441c, and 441e; 11 CFR 110.20, 114.2(b), a comparable airplane sufficient in size the purpose of influencing any election and 115.2. Even where the in-kind to accommodate all campaign travelers. for Federal office.’’ 2 U.S.C. 431(9)(A)(i). contributions are not prohibited, they 11 CFR 100.93(c)(3). The same rates Like the current regulations at 11 CFR would be subject to the contribution apply to travel on an airplane provided 100.93, the new law focuses on the limits in the Act and Commission by a government entity, unless the travel appropriate reimbursement rates for regulations. See 2 U.S.C. 441a through is to or from a military base or other non-commercial travel. Travel on 441k; 11 CFR Parts 110, 114, and 115. relatively publicly inaccessible commercial flights is still governed by 1. Current 11 CFR 100.93—Payment for location.2 The candidate or political the current requirements for Non-Commercial Travel committee responsible for the reimbursement at the normal and usual The normal and usual charge for reimbursement must pay the service charge. The new law, however, directly travel aboard a commercial airliner is provider within seven business days of limits expenditures by a candidate, the publicly available price for a ticket, the trip. 11 CFR 100.93(c). candidate’s authorized committee, or a leadership PAC, rather than merely and the normal and usual charge for a 2. Current 11 CFR 9004.7 and 9034.7— chartered jet is the publicly available specifying how to avoid the receipt of Travel by Presidential and Vice- an in-kind contribution as in 11 CFR charter or lease rate. The normal and Presidential Candidates Accepting usual charge for travel aboard a non- 100.93. Public Funds commercial flight, however, may not be The new law’s rates and conditions as apparent. For example, there is Candidates for President of the United under which candidates may spend campaign funds for aircraft travel differ generally not a ticket price for a seat States may elect to receive matching depending on the office sought. aboard a corporate jet that is operated funds from the Federal government to Presidential and Senate candidates may exclusively for the private travel of the contest their primary elections and pay for their pro rata share of the fair corporation’s executives and their presidential nominees may elect to market value of a flight, which is guests. Because candidates for Federal receive public funding to contest the office have traveled in the past on these determined by dividing the fair market general election. In both cases, the value of the normal and usual charter privately operated flights, the candidates must agree, among other Commission has provided specific fare or rental charge for a comparable things, to use the public funds they plane of comparable size by the number guidance in its regulations regarding the receive solely for ‘‘qualified campaign rate of reimbursement that candidates of candidates on board the plane. 2 expenses’’ and not to exceed specified and others must pay to avoid receiving U.S.C. 439a(c)(1). The authorized expenditure limits. 2 U.S.C. an in-kind contribution for travel aboard committees and leadership PACs of 441a(b)(1)(A) and (B), 26 U.S.C. such flights. House candidates are, however, On December 15, 2003, the 9004(c)(1), 9038(b)(2). generally prohibited from using any Commission promulgated final rules The Commission has promulgated campaign funds to pay for non- adding 11 CFR 100.93. See Final Rules separate regulations at 11 CFR commercial flights, except for flights on and Explanation and Justification for 9004.7(b)(5)(i) and (v), (b)(8), and aircraft operated by a Federal or State Travel on Behalf of Candidates and 9034.7(b)(5)(i) and (v) and (b)(8), setting government entity. 2 U.S.C. 439a(c)(2). Political Committees, 68 FR 69,583 (Dec. forth the appropriate reimbursement Aircraft owned by candidates or their 15, 2003) (‘‘2003 E&J’’). Those final rules rates that publicly funded candidates immediate family members are exempt established an exception from the must use for campaign-related travel on from the prohibitions and rate definition of contribution for payments non-commercial transportation. While requirements described above. 2 U.S.C. at specified rates for non-commercial 11 CFR 100.93 is focused on the 439a(c)(3). travel in connection with a Federal potential underpayment for travel election. The payment required for non- III. Proposed 11 CFR 100.5(e)(6)— resulting in a contribution, 11 CFR Definition of ‘‘Leadership PAC’’ commercial air travel by ‘‘campaign 9004.7 and 9034.7 are focused on the travelers’’—a term that includes appropriate use of public funds, and The term ‘‘Leadership PAC’’ is individuals traveling in connection with thus on whether, and to what extent, defined in section 204(a) of Public Law elections for Federal office on behalf of expenses for campaign-related travel 110–81 (2 U.S.C. 434(i)(8)(B)) as ‘‘a candidates or political committees, and constitute qualified campaign expenses political committee that is directly or members of the news media traveling for which the candidate may use public indirectly established, financed, with a candidate—depends on whether funds. The rates and recordkeeping maintained or controlled by [a] the travel is between cities served by requirements for presidential and vice- candidate [for Federal office] or [an] regularly scheduled commercial airline presidential candidates accepting public individual [holding Federal office] but service, and whether that service is funds are the same as those in 11 CFR which is not an authorized committee of available at a first-class or coach rate. 100.93 and are mainly set forth through the candidate or individual and which See 11 CFR 100.93(a)(3)(i) and cross-references to 11 CFR 100.93. is not affiliated with an authorized 100.93(c). If travel between the origin committee of the candidate or and destination cities is regularly served 2 If such is the case, then a first-class rate applies, individual, except that such term does by commercial first-class airline service, drawn from the closest city with regular first-class not include a political committee of a then a first-class rate applies. 11 CFR commercial service. 11 CFR 100.93(e)(1). political party.’’ The term ‘‘PAC’’ is an

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acronym for ‘‘political action commercial air travel is provided in 11 committees, such as campaign staff. See committee,’’ which is a term generally CFR 100.93, which provides an proposed 11 CFR 100.93(c)(1). used to refer to all political committees exception to the definition of This interpretation is also consistent other than authorized committees and ‘‘contribution’’ for non-commercial with the personal use prohibitions set committees of a political party.3 travel if the service provider is out by Congress in 2 U.S.C. 439a(b) and The new definition of leadership PAC reimbursed for the travel at the specified the Commission’s regulatory is relevant to two areas of the new law rates. Several of the reimbursement rates interpretation of that section, which that fall within the Commission’s permitted under current 11 CFR 100.93 apply to personal use by ‘‘any person.’’ purview: (1) The new restrictions on are inconsistent with the new statutory See, e.g., 11 CFR 113.1(g) (defining candidate travel that would be requirements. For example, the statute personal use as ‘‘any use of funds in a implemented through both proposed requires a candidate for President or campaign account of a present or former sections 11 CFR 100.93 and 113.5, and U.S. Senate to reimburse the service candidate to fulfill a commitment, (2) the disclosure requirements in provider at the comparable charter rate, obligation or expense of any person that Section 204 of the new law for whereas current 11 CFR 100.93 allows would exist irrespective of the contributions bundled by lobbyists. In reimbursement at the rate of the first candidate’s campaign or duties as a the provision relevant to this class or coach airfare for campaign Federal officeholder’’) (emphasis rulemaking, the new law generally travel between two cities served by added); see also Explanation and prohibits ‘‘candidates for election for regularly scheduled commercial airline Justification for final rules regarding the office of Representative in, or service. Therefore, the Commission is Expenditures; Reports by Political Delegate or Resident Commissioner to, proposing conforming changes and Committees; Personal Use of Campaign the Congress, an authorized committee clarifications in 11 CFR 100.93. Funds, 60 FR 7862, 7864 (Feb. 9, 1995) and a leadership PAC’’ from making The Commission wishes to clarify (‘‘Section 439a states that no campaign expenditures for non-commercial air that, although it is proposing changes to funds ‘may be converted by any person travel. Public Law 110–81, section only some of the provisions in 11 CFR to any personal use.’’’). Thus, any use 601(a) (codified at 2 U.S.C 439a(c)(2)) 100.93, it may make further revisions to of campaign funds that would exist (emphasis added). this section in its final rules, in response irrespective of the campaign or the The Commission proposes to to any public comments and additional duties of a Federal officeholder is incorporate a definition of ‘‘leadership information that it may receive personal use under current Commission PAC’’ into 11 CFR 100.5, which is the regarding the proposed rules. The regulations, regardless of whether the general definition of ‘‘political Commission therefore invites comments beneficiary is the candidate, a family committee.’’ Specifically, ‘‘leadership on the entirety of 11 CFR 100.93 and is member of the candidate, or some other PAC’’ would be added to the list of opening the entire section for comments person. different types of political committees through this Notice of Proposed Moreover, the Commission notes that in 11 CFR 100.5(e), with the new term Rulemaking. Commenters favoring Congress, in its amendments to the added at 11 CFR 100.5(e)(6). The retention of current provisions of 11 Senate rules, set out an approach to proposed definition mirrors the CFR 100.93 should submit comments to reimbursement for non-campaign travel definition in the new law. that effect. Conversely, those preferring that includes all Congressional staff, not The Commission proposes to additional changes to 11 CFR 100.93 just the Federal officeholders beyond those proposed should submit incorporate the definition of ‘‘leadership themselves. That amendment requires comments to that effect. In particular, PAC’’ into the general definition section reimbursement for non-commercial the Commission seeks comments on the in 11 CFR Part 100, rather than within travel aboard aircraft at the normal and extent to which new 2 U.S.C. 439a(c) the travel rules themselves, to promote usual charter rate for a comparable should be implemented solely through consistency and economy within the aircraft of comparable size, ‘‘as revisions to 11 CFR 100.93, rather than structure of its regulations. determined by dividing such cost by the through the addition of 11 CFR 113.5. The definition will impact several number of Members, officers, or sections of the Commission’s a. General Scope of Rule—Travel on employees of Congress on the flight.’’ regulations, including proposed 11 CFR Behalf of Candidates Public Law 110–81, Section 544(c)(1), 100.93, 11 CFR 113.5, and the new New 2 U.S.C. 439a specifies that ‘‘a amending Paragraph 1(c)(1) of rule bundling regulations the Commission candidate for election for Federal office XXXV of the Standing Rules of the intends to promulgate in a separate *** or any authorized committee of Senate (emphasis added). rulemaking. The Commission seeks such a candidate, may not make any The Commission seeks comments on comments on the content and placement expenditure for a flight on an aircraft this proposed interpretation of the new of this new definition. unless—***’’ 2 U.S.C. 439a(c)(1) law. Is there any evidence that suggests (emphasis added). Given the inclusion that Congress intended to exclude IV. Proposed Revisions to 11 CFR campaign staff, or others traveling on 100.93—Payment for Travel Aboard of authorized committees in this language, the proposed rule, consistent the candidate’s behalf, from the general Aircraft and Other Means of scope of the rule? Transportation with the current rule, would apply to the same range of individuals covered A. Proposed 100.93(a)—Scope and The majority of the Commission’s by the term ‘‘campaign traveler’’ in the Definitions current guidance regarding non- current rule. Campaign traveler is defined in part as ‘‘any individual 1. Proposed 11 CFR 100.93(a)(3)(i)— 3 The term ‘‘PAC’’ has not been a term of art in Definition of ‘‘Campaign Traveler’’ the law or in Commission regulations. PACs traveling in connection with an election sponsored by a corporation or a labor organization for Federal office on behalf of a A ‘‘campaign traveler’’ is defined as are generally described in the Commission’s candidate.’’ 11 CFR 100.93(3)(i)(A). In ‘‘[a]ny individual traveling in regulations as separate segregated funds (‘‘SSFs’’). other words, the proposed rule would connection with an election for Federal See 2 U.S.C. 441b(b)(2)(C); 11 CFR 100.5(b). PACs that lack corporate or labor sponsorship are referred apply to travel by candidates office on behalf of a candidate or to in the regulations as ‘‘nonconnected themselves, and also those traveling on political committee’’ and ‘‘[a]ny member committees.’’ See, e.g., 11 CFR 104.10 and 106.6(a). behalf of candidates or their authorized of the news media traveling with a

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candidate.’’ 11 CFR 100.93(a)(3)(i). The additional guidance in the form of reimbursement rate also would not Commission proposes to add ‘‘Any references to FAA regulatory provisions apply when a candidate or candidate for Federal office or’’ at the be helpful in discerning what aircraft representative of the candidate is beginning of that definition to clarify qualify as ‘‘non-commercial travel,’’ or traveling on behalf of another committee that a candidate himself or herself is the proposed language sufficiently (such as a political party committee), would be included within the definition clear? In addition, the Commission rather than on behalf of the candidate’s of ‘‘campaign traveler.’’ The seeks comments on whether additional own campaign. Reimbursement for a Commission seeks comments on this explanation should be provided to candidate’s travel on behalf of another proposed clarification and whether any address flights conducted in foreign committee is the responsibility of the additional changes to the definition countries and, if so, what it should be. committee on whose behalf the travel would be appropriate. The Commission also seeks comments occurs, at the appropriate on whether the definitions of reimbursement rate for that committee 2. Proposed 11 CFR 100.93(a)(3)(iv) and ‘‘commercial travel’’ and ‘‘non- as set forth in proposed 11 CFR (v)—Definitions of ‘‘Commercial Travel’’ commercial travel’’ should specifically 100.93(c). and ‘‘Non-Commercial Travel’’ address more complex multiple The Commission’s current regulations ownership or leasing arrangements, 1. Application of Proposed Rule distinguish between commercial and such as arrangements in which some of Candidate A, Candidate B, and non-commercial air travel based on the the owners of an aircraft are commercial Candidate B’s campaign manager travel certification system of the Federal operators certificated by the FAA but on a plane on behalf of their respective Aviation Administration (FAA). others are not. campaigns, along with PAC Specifically, the Commission’s rules in Representative P traveling on behalf of 11 CFR 100.93 apply to all airplanes not B. Proposed 11 CFR 100.93(c)(1)—Non- the PAC. The pro rata share of the fair licensed by the FAA to operate for Commercial Air Travel by Candidates market value of the flight would be compensation or hire under 14 CFR for President, Vice-President, and U.S. determined by dividing the normal and parts 121, 129, or 135. 11 CFR Senate usual charter rate for the plane by two 100.93(a)(1)(i). New 2 U.S.C. 439a(c)(1)(B) requires because there are two candidates The new law’s restrictions on candidates for President, Vice President, represented on the flight (Candidate A expenditures for air travel by and U.S. Senate to pay their ‘‘pro rata and B). Each candidate, or the presidential and U.S. Senate candidates share of the fair market value’’ of non- candidate’s authorized committee, are focused on the FAA’s certification commercial flights aboard aircraft. The would therefore be required to pay 50% and safety requirements, but do not pro rata share is ‘‘determined by of the charter rate to avoid receiving an reference specific FAA regulatory dividing the fair market value of the in-kind contribution from the non- provisions. In order to simplify and normal and usual charter fare or rental commercial aircraft’s owner. Because align the Commission’s regulations with charge for a comparable plane of the full costs of the flight would be the new statutory language, the comparable size by the number of reimbursed by the candidate travelers Commission is proposing to replace its candidates on the flight.’’ Id. Because (i.e., Candidate A and Candidate B), and reliance on specific FAA regulatory the statutory language is specific that the candidate committees would fully provisions with the new terms the ‘‘number of candidates on the flight’’ compensate the aircraft’s owner for the ‘‘commercial travel’’ and ‘‘non- determines the ‘‘pro rata share,’’ the costs of the flight, PAC Representative commercial travel.’’ The definition of Commission proposes to define ‘‘pro P’s travel would not need to be ‘‘commercial travel’’ would follow the rata share of the fair market value of a reimbursed. The Commission invites new statutory language: travel aboard an flight’’ based solely on the number of comment on whether this result—PAC aircraft ‘‘operated by an air carrier or candidates on the flight, regardless of Representative P traveling without commercial operator certificated by the whether there are other campaign paying fair market value for the cost Federal Aviation Administration if the travelers or passengers aboard. associated with her travel—should be flight is required to be conducted under Moreover, because the statutory treated as an in-kind contribution to the air carrier safety rules, or, in the case of language applies to expenditures made PAC from one or more of the candidates travel which is abroad, by an air carrier not only by candidates, but also by paying for the cost of the flight. If so, or commercial operator certificated by authorized committees, the Commission what would the value be? If the value an appropriate foreign civil aviation proposes to define ‘‘pro rata share’’ of the travel by a non-candidate traveler authority if the flight is required to be based on the number of candidates is a reportable expenditure by one or conducted under air carrier safety represented on a flight. See proposed 11 more of the candidates when the non- rules.’’ Proposed 11 CFR CFR 100.93(c)(1) and (3). A candidate is candidate traveler is the representative 100.93(a)(3)(iv). Conversely, the represented on a flight if a person is of a political committee, should the proposed definition of ‘‘non-commercial traveling on behalf of that candidate, the expenditure also be a reportable air travel’’ would encompass travel not candidate’s authorized committee, or expenditure if the non-candidate included in the definition of the candidate’s leadership PAC.4 See traveler is not a political committee ‘‘commercial travel.’’ Proposed 11 CFR proposed 11 CFR 100.93(c)(1). This representative? Does it matter whether 100.93(a)(3)(v). reimbursement rate does not apply to the non-candidate traveler is traveling at The Commission seeks comments on travel aboard government aircraft or the invitation of one of the candidates these proposed definitions. Is there any aircraft owned by a candidate or a or at the invitation of the service difference between the universe of member of candidate’s immediate provider? aircraft encompassed by the new term family, which are covered under Repayment under the proposed rule ‘‘non-commercial travel’’ and the proposed section 100.93(e) and (g), would not vary based on the number of aircraft included in current 11 CFR respectively, and discussed below. See non-campaign travelers on the plane. 100.93(c) (‘‘an airplane not licensed by subsections F and G of this section. This For example, Candidate A, Candidate B, the Federal Aviation Administration to Candidate B’s campaign manager and operate for compensation or hire under 4 See discussion of leadership PACs in subsection PAC Representative P travel on a 14 CFR parts 121, 129, or 135’’)? Would E.4 of this section. twenty-seat plane with six other

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passengers that are not campaign with one passenger each, would pay that can seat one passenger. Similarly, travelers. Candidate A and Candidate B 25% each, while Candidate B, with two Candidate B would be required to pay would still be required to pay 50% each passengers would be responsible for the normal and usual cost of a of the entire normal and usual charter 50% of the charter rate. ‘‘comparable plane’’ that can seat two fare or rental charge for a ‘‘comparable Under this alternative, the repayment passengers. plane’’ seating twenty passengers. would also vary based on the number of The Commission seeks comments on Because the candidate committees non-campaign travelers on the plane. this approach and the presented would fully compensate the aircraft’s For example, Candidate A, Candidate B, alternatives. In addition, the owner for the costs of the flight, PAC Candidate B’s campaign manager, and Commission seeks comments on any Representative P and the six additional PAC Representative P travel on a other calculations that might be more travelers would not be required to twenty-seat plane with six other appropriate. passengers who are not candidates or provide reimbursement. C. Proposed 11 CFR 100.93(c)(2)—Non- are not traveling on behalf of Commercial Air Travel by Candidates 2. Per Represented Committee candidates. Because Candidate A was for the House of Representatives Alternative only one passenger among ten, As an alternative, the Commission Candidate A would be required to pay New 2 U.S.C. 439a(c)(2) states that ‘‘in proposes requiring reimbursement 10% of the normal and usual charter the case of a candidate for election for based on the number of represented fare or rental charge for a ‘‘comparable the office of Representative in, or committees of any type, rather than the plane’’ seating twenty passengers. Delegate or Resident Commissioner to, number of represented candidates or Candidate B, with two passengers, the Congress [hereinafter ‘‘House candidate committees. The Commission would pay 20%, and PAC, with one candidates’’], an authorized committee proposes two variations of this passenger, would pay 10%. and a leadership PAC of the candidate alternative. may not make any expenditure’’ for (a) For example, Candidate A, 4. Comparable Aircraft Alternative non-commercial air travel, with Candidate B, and Candidate B’s As a further alternative, the exceptions for travel on government campaign manager travel on a plane on Commission proposes to follow the airplanes and aircraft owned by the behalf of their respective campaigns, approach in its current regulations and candidate or members of the candidate’s along with PAC Representative P permit reimbursement at the normal and immediate family. Both exceptions are traveling on behalf of the PAC. The pro usual charter rate or rental charge for an discussed below. The effect of this rata share of the fair market value of the aircraft of sufficient size to carry the provision is generally to prohibit travel flight would be determined by dividing campaign travelers. See current 11 CFR by House candidates on non- the normal and usual charter rate for the 100.93(c)(3) (requiring reimbursement of commercial aircraft. Proposed 11 CFR plane by three because there are three ‘‘the normal and usual charter fare or 100.93(c)(2)(i) would reflect new 2 represented committees on the flight rental charge for a comparable U.S.C. 439a(c)(2) by prohibiting (Candidate A, Candidate B, and PAC). commercial airplane of sufficient size to expenditures by House candidates for Each committee would be required to accommodate all campaign travelers’’). non-commercial travel on behalf of that pay 33% of the charter rate to avoid Under this approach, the campaign candidate, the candidate’s authorized receiving an in-kind contribution from committee would be responsible for committee, or the candidate’s leadership the aircraft’s owner. paying the normal and usual charter rate PAC. The new law expressly applies to (b) Using the same hypothetical for a plane of sufficient size to seat its expenditures by authorized committees situation set forth above, PAC campaign travelers, rather than the rate and leadership PACs of House Representative P would then have the for a plane comparable (in terms of candidates, including expenditures option of paying either 33% of the seating capacity) to the one flown. For made by the candidates themselves on calculated charter rate, or the amount example, Candidate A, Candidate B, behalf of their authorized committees. that would be required under current 11 Candidate B’s campaign manager, and Proposed 11 CFR 100.93(c)(2) would CFR 100.93. PAC Representative P travel on a apply not only to House candidates, but twenty-seat plane with six other also to persons traveling on behalf of 3. Per Passenger Alternative passengers who are not candidates and such candidate, the candidate’s As an alternative, the Commission are not traveling on behalf of authorized committee, or the proposes requiring reimbursement only candidates. Under this approach, candidate’s leadership PAC. This for the portion of the normal and usual Candidate A, Candidate B, Candidate prohibition does not apply when the charter rate that reflects the number of B’s campaign manager, and PAC travel would not be considered an candidate representatives as a Representative P would collectively be expenditure by the candidate, percentage of all passengers on the responsible for reimbursing the aircraft’s candidate’s authorized committee, or aircraft. owner an amount equivalent to the candidate’s leadership PAC. For For example, Candidate A, Candidate normal and usual charter fare or rental example, travel by a House candidate on B, and Candidate B’s campaign manager charge for a ‘‘comparable plane’’ that behalf of a non-House candidate, party travel on a plane on behalf of their could seat four passengers. Each committee, or non-candidate committee respective campaigns, along with PAC candidate or committee must pay its pro would be required to be reimbursed by Representative P traveling on behalf of rata share of that amount. such other committee at the respective the PAC. The pro rata share of the fair Under a variation of this alternative, rate set forth for travel on behalf of that market value of the flight would be each campaign traveler would be candidate or committee. The determined by dividing the normal and required to pay the normal and usual Commission seeks comment on this usual charter rate for the plane by four charter fare or rental charge for a approach. because there are four passengers on the ‘‘comparable plane’’ able to The Commission seeks comments on flight. Each passenger would therefore accommodate only himself and those the treatment of House candidate travel be required to pay 1⁄4, or 25%, of the traveling on his behalf. Thus, Candidate in proposed 11 CFR 100.93(c)(2). charter rate to avoid receiving a A would be required to pay the normal Should House candidates be permitted contribution. Candidate A and PAC, and usual cost of a ‘‘comparable plane’’ to travel on non-commercial aircraft on

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behalf of their own campaigns if the cost manner as reimbursement for travel on Commission notes that this might result of the travel is provided as a permissible behalf of Senate, Vice Presidential, or in the service provider being paid more in-kind contribution? For example, if Presidential candidates under proposed than the fair market value of the flight. the travel was provided by a permissible 11 CFR 100.93(c)(1). For example, if a Does the possibility of such source and the costs of the travel were non-commercial flight carried two PAC ‘‘overcompensation’’ to the service below the contribution limit, should a A campaign travelers and one PAC B provider represent a concern under non-candidate committee be able to campaign traveler, each PAC would be FECA? And, if so, in what way? reimburse the travel costs as an in-kind responsible for 50% of the fair market The Commission seeks comment on contribution to the candidate? The value of the flight. this approach. Should the Commission proposed expenditure regulations, This rate does not apply when the interpret the fact that new 2 U.S.C. discussed below, prohibit such in-kind travel is shared with a candidate or 439a(c) does not address non-candidate contributions. See proposed 11 CFR person traveling on behalf of a travel as a form of legislative 113.5(b). If in-kind contributions are candidate. The Commission is acquiescence to the Commission’s allowed, at what rate should their value proposing this alternative to avoid current regulations on non-candidate be calculated for reimbursement and permitting outside organizations to travel reimbursement? Do the first class reporting purposes? subsidize a candidate’s travel. Travel on and coach air fare rates reflect the fair an aircraft that includes a campaign market value of the services provided? D. Proposed 11 CFR 100.93(c)(3)—Non- traveler flying on behalf of a candidate, Should the Commission adopt a Commercial Air Travel by Other candidate’s authorized committee, or different reimbursement rate for non- Campaign Travelers candidate’s leadership PAC, must be candidate travel, such as the per The Commission proposes two fully reimbursed by that candidate, committee or per passenger alternatives alternatives with respect to non- candidate’s committee or, when discussed above? commercial air travel by non-candidate permissible, the candidate’s leadership campaign travelers. PAC. No reimbursement would be E. Additional Proposed Revisions to 11 required by the non-candidate travelers. CFR 100.93 Alternative 1 See proposed 11 CFR 100.93(c)(3). For 1. Members of the Media and Security The Commission notes that the non- example, if a non-commercial flight Personnel candidate reimbursement rate is not carried two PAC A campaign travelers, addressed in new 2 U.S.C. 439a(c).5 one PAC B campaign traveler, and Members of the news media These proposed changes are intended to Senator A, traveling on behalf of his or ‘‘traveling with a candidate’’ for Federal promote uniformity and simplicity in her campaign, Senator A or Senator A’s office are expressly included within the the regulation, and make the regulation campaign committee would be definition of ‘‘campaign traveler’’ in the easier to understand. The Commission’s responsible for the full fair market value Commission’s current rules. See 11 CFR long-standing travel regulations of the flight. PAC A and PAC B would 100.93(a)(3)(i)(B). The Commission is addressed travel only by candidates or not have to reimburse for the flight not proposing changes to this definition. on behalf of candidates. See former 11 costs. Under the current rules, when a member CFR 114.9(e). In 2003, the Commission The Commission invites comment on of the media is traveling with a extended its travel regulations to cover whether this result should be treated as candidate, that candidate’s committee is all travel in connection with a Federal an in-kind contribution to the PACs ultimately responsible for paying the election, stating, ‘‘By establishing a from Senator A. Does it matter whether service provider for the full costs of the single rate for travel reimbursement, the or not the non-candidate travelers are travel, but may seek reimbursement new rules will promote greater representatives of political committees? from the media for the media’s portion uniformity among all individuals If the value of the travel by the non- of the travel expenses.6 The traveling in connection with a Federal candidate travelers is a reportable Commission proposes to revise 11 CFR election on behalf of a political expenditure by Senator A when the 100.93(b)(1)(iii) to ensure that members committee.’’ non-candidate travelers are political of the media would not be permitted to Against this background, as one committee representatives, should the relieve the candidates with whom they alternative, the Commission is expenditure also be a reportable travel from responsibility for paying the proposing changes to the current expenditure if the non-candidate service provider the full normal and reimbursement rate for campaign travelers are not political committee usual charter rate or rental charge for travelers who are not traveling on behalf representatives? Does it matter whether travel on an aircraft, pursuant to of candidates. For example, this rate the non-candidate travelers are traveling proposed 11 CFR 100.93(c)(1). Members would apply to individuals traveling on at the invitation of Senator A or at the of the media would still be permitted to behalf of a political party committee, invitation of the service provider? reimburse the service provider for travel on conveyances other than aircraft. The SSF, or nonconnected committee. Under Alternative 2 the proposed rule, the provider must be Commission seeks comments on this reimbursed at the pro rata share of the Under this alternative, the approach. Should the Commission fair market value of such travel. Commission proposes to retain the instead continue to allow Proposed 11 CFR 100.93(c)(3). The pro existing reimbursement rate structure reimbursement from members of the rata share is based on the number of for non-candidate travel. Because non- different committees represented on the candidate travel is not addressed in the 6 ‘‘If a member of the news media elects to have new law, the existing rate structure the candidate’s authorized committee pay for the flight, and is calculated in the same media’s travel rather than paying the service would remain the same for all campaign provider directly, he or she may do so and the 5 The statute does address payments by political travelers not traveling on behalf of a candidate’s authorized committee is permitted to committees other than authorized committees in candidate or that candidate’s authorized seek reimbursement from the media. Ultimately it describing the reimbursement rate for Senate, Vice committee (i.e., campaign travelers is the candidate’s responsibility to ensure that the Presidential, and Presidential candidates. See 2 service provider is reimbursed for the value of the U.S.C. 439a(c)(1)(B) (‘‘the candidate, the authorized traveling on behalf of political party transportation provided to all persons traveling committee, or other political committee pays committees, SSFs, and other non- with the candidate.’’ 2003 E&J at 69586. See also ***’’) (emphasis added). authorized committees). The 11 CFR 9004.6 and 9034.6.

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media for travel on aircraft? At what rate market value of a ‘‘comparable plane of and 9034.7, discussed below, would should this reimbursement take place, comparable size’’ for purposes of continue to incorporate the section for example, should it be calculated at calculating the appropriate charter rate. 100.93 rates by reference and thereby a portion of the charter rate or at a first The Commission interprets ‘‘comparable indicate that they also apply to class rate? size’’ as an aircraft with similar physical candidates who have accepted public Security personnel are treated dimensions that is able to carry a similar funds. One important distinction, differently under the Commission’s number of passengers.7 however, is that a presidential candidate current rules. Under the current rules, The Commission interprets accepting public funds for the general security personnel are not necessarily ‘‘comparable plane’’ as an aircraft of election is prohibited from receiving considered ‘‘campaign travelers,’’ but similar make and model as the airplane any in-kind contribution from any could qualify as such depending on the that actually makes the trip, with the person, which would include an in-kind nature of any additional services that same amenities as that airplane. This contribution of non-commercial air they provide a candidate. Compare 11 interpretation is consistent with the travel. CFR 100.93(a)(3)(i)(A) with 100.93(c)(3) Commission’s current interpretation of a The Commission seeks comments on and (d). For example, if Secret Service similar term, ‘‘comparable commercial the proposed application of the new personnel travel with a candidate for airplane,’’ in the current rules. See 11 rules to publicly financed presidential Federal office to the candidate’s CFR 100.93(c)(3); see also proposed 11 and vice-presidential candidates. fundraiser aboard a government CFR 100.93(c)(3)(iii). As explained in 4. Travel on Behalf of Leadership PACs airplane, the candidate’s authorized the 2003 E&J: of Senate, Presidential, and Vice- committee would not be required to pay a ‘‘comparable commercial airplane’’ means Presidential Candidates for the Secret Service member’s travel an airplane of similar make and model as the under the current rules unless the Secret airplane that actually makes the trip, and Under new 2 U.S.C. 439a(c), Service agent otherwise qualified as a with the same amenities as that airplane. For payments by leadership PACs of House campaign traveler or the flight was example, in Advisory Opinion 1984–48, the candidates are subject to the same required to be reimbursed at the usual Commission interpreted a comparable restrictions as payments by authorized charter rate. See current 11 CFR airplane as being ‘‘of the same type (e.g., jet committees of House candidates. See 2 100.93(c)(3) (calculation of the usual aircraft versus prop plane) and services U.S.C. 439a(c)(2). In contrast, new 2 charter rate requires ‘‘comparable offered (e.g., plane with dining service or U.S.C. 439a(c) is silent with respect to commercial conveyance of sufficient lavatory versus one without)’’ as the plane leadership PACs of Senate candidates actually used. The Commission further size to accommodate all campaign explained that when a candidate used a twin and Federal officeholders with travelers * * * and security personnel’’) engine prop jet, a single engine, prop aircraft leadership PACs who are also (emphasis added) and 11 CFR would not be a comparable aircraft. The term presidential or vice-presidential 100.93(e)(1)(ii). Committees can then ‘‘comparable commercial airplane’’ is candidates. seek reimbursement from the Secret intended to require these distinctions as well The Commission proposes to apply Service for their portion of the travel as other differences such as when a plane is the new reimbursement rates to travel expenses. See, e.g., Advisory Opinion chartered with a crew or without, or with or on behalf of a Senate candidate’s 1992–38 (Clinton/Gore) (loan proposal without fuel. leadership PAC. See 11 CFR premised on reimbursement from the 2003 E&J at 69588–69589. 100.93(c)(1). The Commission seeks Secret Service); see also 11 CFR 9004.6 The Commission seeks comments on comment on this approach. and 9034.6. this approach. Alternatively, should the Commission Under the proposed rules, when decline to extend the new security personnel travel with a 3. Presidential and Vice-Presidential reimbursement rate structure to travel candidate or person traveling on behalf Candidates Accepting Public Financing on behalf of a Senate candidate’s of a candidate, that candidate’s The Commission proposes to continue leadership PAC because the new law committee would be responsible for the its policy of promoting equal treatment does not explicitly do so? full costs of the travel. See proposed 11 of travel by publicly financed 5. Commercially Reasonable Time CFR 100.93(c)(1). However, if the travel candidates and presidential or vice- Frame occurs on a government aircraft, the presidential candidates who have not security personnel would not be accepted public funds. Therefore, Candidates for President, Vice- included in the calculation. See proposed 11 CFR 100.93(c)(1) would President, and the U.S. Senate must pay proposed 11 CFR 100.93(e)(1). Should apply directly to presidential and vice- their pro rata share of non-commercial the Commission allow reimbursement presidential candidates who have not travel on aircraft ‘‘within a from security personnel for travel on accepted public funds, while the commercially reasonable time frame non-commercial, non-governmental proposed revisions to 11 CFR 9004.7 after the date on which the flight is aircraft? At what rate should this taken.’’ 2 U.S.C. 439a(c)(1)(B). Proposed reimbursement take place, for example, 7 The Commission’s current rules at 11 CFR 11 CFR 100.93(c) would define the should it be calculated at a portion of 100.93 distinguish between travel aboard an statutory ‘‘commercially reasonable time ‘‘airplane’’ and travel aboard all other conveyances, frame’’ as a seven-day time frame the charter rate or at a first class rate? including helicopters. See 11 CFR 100.93(a)(3)(ii) Under current regulations, how and (definition of ‘‘service provider’’ focuses on ‘‘person beginning on the first day of the flight. under what circumstances do who makes the airplane or other conveyance The proposed approach would be committees seek reimbursement for available’’), 11 CFR 100.93(c) (‘‘travel by airplane’’) located in the introductory clause of 11 and 11 CFR 100.93(d) (‘‘other means of CFR 100.93(c) and thus would be travel expenses from the U.S. Secret transportation’’ includes ‘‘any other means of Service? transportation’’ and specifically lists helicopters). applicable to all payments required For internal consistency and to promote uniformity under that paragraph. The Commission 2. ‘‘Comparable Plane of Comparable within its regulations and avoid confusion, the seeks comment on this approach. Size’’ Commission proposes to replace all references to Is seven days a ‘‘commercially ‘‘airplanes’’ in 11 CFR 100.93 with ‘‘aircraft.’’ The New 2 U.S.C. 439a(c)(1)(B) requires primary impact would be that travel aboard a reasonable time frame’’ for that the candidate or the candidate’s helicopter would be reimbursed at the pro rata reimbursement or is it too short a authorized committee use the fair share of the fair market value of the flight. period? Would another time period for

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reimbursement be more appropriate or travel by candidates and candidate With respect to campaign travel reasonable? Should the Commission representatives, and either rate would aboard Air Force One or other instead establish the seven-day period be acceptable. government aircraft dedicated to (or some other period) as a safe harbor, The first proposed rate of transporting the Vice President, the and consider longer periods on a case- reimbursement, which would be similar Speaker of the House of Representatives, by-case basis to determine if the to current 11 CFR 100.93(c)(1), would be or other such officials, the Commission ‘‘commercially reasonable time frame’’ the pro rata share per represented intends that the reimbursement amount requirement was satisfied? candidate of the normal and usual under this proposal would be charter fare or rental charge for the flight determined with reference to an aircraft F. Proposed 11 CFR 100.93(e)— on a comparable aircraft of sufficient Government Conveyances of sufficient size to accommodate the size to accommodate all of the campaign campaign travelers, and excluding all The Commission’s current rules at 11 travelers. The pro rata share would be non-campaign-related personnel and CFR 100.93(e) require reimbursement determined by dividing the normal and equipment. The Commission for travel aboard airplanes owned by the usual charter fare by the number of acknowledges that it may be difficult, if Federal government, or by any State or different candidates represented on the not impossible, to apply the local government entity, at the same rate flight, regardless of the total number of ‘‘comparable plane of comparable size’’ as travel aboard other airplanes (i.e., the campaign travelers or other passengers. standard to circumstances in which the rate for a first-class or coach ticket Under this proposal, the ‘‘comparable campaign traveler travels exclusively aboard a commercial flight if the travel aircraft’’ used for determining the aboard a specially-outfitted, is between two cities served by regularly required reimbursement amount would government-owned aircraft by virtue of scheduled commercial airline service, or not be required to accommodate the his or her status as an officeholder. For the equivalent charter rate if there is no non-campaign related passengers and example, few, if any, aircraft exist with 8 such service between the cities). Non- equipment aboard the aircraft. For the ‘‘same amenities’’ as Air Force One. commercial campaign travel aboard example, if Presidential Candidate A, See proposed 11 CFR 100.93(e)(1)(i). other government conveyances is also two campaign staffers traveling on The second proposed rate of required to be reimbursed at the same behalf of Presidential Candidate A, two reimbursement would be the private rate as travel aboard equivalent means members of the Secret Service, and PAC traveler reimbursement rate per of transportation not owned by a representative P, travel on a twenty-seat campaign traveler. This rate would be government entity. 11 CFR 100.93(e)(2). government aircraft, reimbursement the rate specified by the Federal, State, New 2 U.S.C. 439a(c) generally would be required at the normal and or local government agency or other prohibits candidates for the U.S. House usual charter rate for comparable government entity for private travel on of Representatives from using campaign aircraft of sufficient size to its aircraft by a member of the public. funds for non-commercial campaign accommodate four passengers travel, but provides an exception for The Department of Defense, for (Presidential Candidate A, his two example, publishes a list of hourly travel aboard an aircraft ‘‘operated by an campaign staffers, and PAC entity of the Federal government or the reimbursement rates for both fixed-wing representative P; the two Secret Service aircraft and helicopters and includes an government of any State.’’ 2 U.S.C. agents would not be counted). 10 439a(c)(2)(B). The new law does not ‘‘All Other User’’ rate. Using the Presidential Candidate A would pay the private traveler reimbursement rate, the specify any particular rate of full charter rate, and PAC representative reimbursement rate is calculated by reimbursement for travel aboard P would not be required to reimburse dividing the private traveler government aircraft, nor does it for his or her travel. The Commission reimbursement rate by the number of explicitly require or prohibit seeks comment on this approach. campaign travelers. Reimbursement reimbursement for such travel.9 Specifically, do non-candidate would not be required for national Proposed 11 CFR 100.93(e) would campaign travelers use government security staff or other government require all campaign travelers, including aircraft when not accompanied by a officials on the flight that are not candidates for Federal office and those candidate, or person traveling on behalf campaign travelers. The Commission traveling on their behalf, who travel on of a candidate? At what rate should seeks comment on this approach. aircraft provided by a Federal or State travel on a government plane that does government entity (including local not include any candidate-related Should the campaign traveler be governments), to reimburse the campaign travelers be calculated? permitted to reimburse the government appropriate government entity for the The Commission seeks comments on entity at a lower rate specified by the travel. See proposed 11 CFR 100.93(e). a variation of this first reimbursement government entity, such as the rate The proposed rules set out two rate, in which Presidential Candidate A offered by some government agencies to alternative rates of reimbursement for and PAC representative P would each be travelers of other government agencies? responsible for the full cost of the Should the regulations offer a choice 8 Travel to or from a military airbase or other normal and usual charter rate for an between alternative acceptable location not accessible to the general public is aircraft of sufficient size to valuation methods, or should the treated as travel from the nearest city with accommodate only those campaign Commission adopt a single method of regularly-scheduled commercial airline service. 11 determining the reimbursement rate? CFR 100.93(e)(1)(i). travelers who are traveling on their 9 The Commission notes that Public Law 110–81 behalf. Under this variation, The Commission recognizes that also amends the Senate ethics rules regarding Presidential Candidate A would pay the campaign travel aboard government travel. These amendments similarly require normal and usual charter rate for an conveyances such as Air Force One and Senators to pay this pro rata share of the fair market Air Force Two present special value of a flight for non-commercial travel. See aircraft capable of accommodating three Public Law 110–81, Sec. 544(c)(1), amending campaign travelers: Candidate A and his circumstances. Therefore, the Paragraph 1(c)(1) of rule XXXV of the Standing two staffers. PAC representative P Rules of the Senate. These amendments, however, would be required to pay only the 10 See Fiscal Year 2008 Reimbursement Rates, expressly except from these restrictions any travel available at http://www.defenselink.mil/ aboard ‘‘an aircraft owned or leased by a normal and usual charter rate for an comptroller/rates/fy2008/2008_f.pdf and http:// governmental entity.’’ Standing Rules of the Senate, aircraft of sufficient size to carry one www.defenselink.mil/comptroller/rates/fy2008/ Rule XXXV, Paragraph 1(c)(1)(C)(iii). passenger. 2008_h.pdf.

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Commission requests comment on how reimbursement for aircraft owned by for calculating the appropriate it should address Air Force One and Air candidates and their immediate family reimbursement rate? Force Two in its regulations. at the rates set forth in the Because the exception in 2 U.S.C. The proposed rules would not specify Commission’s existing rules, which 439a(c)(3) for travel on aircraft owned a particular time for repayment for would be moved to 11 CFR by candidates or members of their travel on government aircraft under 100.93(g)(1)(i) through (iii): first-class, immediate family functions to permit either of the alternative rates. Should coach, or charter rates, depending on otherwise restricted or prohibited the Commission require payment within whether the origin and destination cities expenditures by candidates and their a specific time period, such as seven are served by regularly scheduled committees, the Commission proposes days, as for travel on other aircraft commercial airline service. The charter to limit the exception to travel by under proposed 11 CFR 100.93(c)? rate would be required only if the travel candidates or persons traveling on G. Proposed 11 CFR 100.93(g)— is between two cities not served by behalf of candidates. Thus, proposed 11 Exception for Aircraft Owned by Federal regularly scheduled first class or coach CFR 100.93(g) would cover travel on an Candidates and Their Family Members commercial airline service. aircraft owned by a candidate, the 1. Incremental Cost Alternative candidate’s immediate family member, The amendments to 2 U.S.C. 439a or an entity other than a public include an exception for travel aboard As an alternative, the Commission corporation in which the candidate or aircraft that are ‘‘owned or leased’’ by a proposes that such travel be reimbursed immediate family member has an candidate or candidate’s immediate at the actual incremental cost of such ownership interest. The exception family member, including an aircraft travel. For example, in the case of a would not, however, be available for owned or leased by any entity in which candidate piloting his or her own other candidates traveling on behalf of the candidate or a member of the aircraft to a campaign event, the rate of their own campaigns.12 The candidate’s immediate family ‘‘has an reimbursement would be the actual cost Commission seeks comment on this ownership interest,’’ provided that the of fuel and any incremental costs such approach. entity is not a ‘‘public corporation’’ and as landing fees. Depreciation or the In addition, the exception in new 2 the use of the aircraft is not ‘‘more than candidate’s piloting services would not U.S.C. 439a(c)(3) includes several terms the candidate’s or immediate family be included in the reimbursement warranting clarification. First, the term member’s proportionate share of calculation. However, under this ‘‘ownership interest’’ is not defined. The ownership allows.’’ 2 U.S.C. alternative, if a pilot or crew were Commission proposes to interpret the 439a(c)(3)(A). The exception would employed for the flight, the cost of their term ‘‘ownership interest’’ to include operate as an exception to all of the services would be included in the fractional ownership, equity, or use restrictions on expenditures for air reimbursement rate. Should arrangements, as well as ‘‘time-sharing’’ travel in new 2 U.S.C. 439a(c). See reimbursement not be required if the arrangements in which the candidate or discussion of proposed 11 CFR 113.5. pilot or crew (including family an immediate family member pays a fee The Commission seeks comment on this members) are volunteers for the for a specified amount of travel on the approach. candidate or campaign committee? aircraft. While the new exception relieves the The Commission proposes to interpret restrictions on expenditures, it does not 2. Actual Value Alternative the term ‘‘public corporation’’ as relieve candidates of the obligation to In the case of travel on an aircraft that applying to any corporation with reimburse the service providers is owned or leased under a shared- publicly traded shares. Therefore, (candidates, members of their family, or ownership or other time-share aircraft owned by privately held entities in which either owns an arrangement, the Commission proposes corporations without publicly traded interest) to avoid receiving an in-kind as an additional alternative that shares, partnerships without publicly contribution for the use of the aircraft. reimbursement be required at the traded equity interests, limited liability See 11 CFR 100.93. Even though a hourly, mileage, or other applicable rate companies without publicly traded candidate for Federal office may make charged the candidate, corporation, or shares, and all other entities without an unlimited amount of contributions to immediate family member for the costs publicly traded shares or equity his or her own campaign, those of the travel. For example, if a candidate interests would fall within this contributions must be reported by the traveled on an aircraft leased by an exception, so long as a candidate or candidate’s authorized committee.11 11 immediate family member at a cost of member of the candidate’s immediate CFR 110.10; Advisory Opinions 1991– $1,000 per hour, the appropriate family owns an equity interest or voting 09 (Hoagland), 1990–09 (Mueller), reimbursement rate to that family interest in that entity. 1985–33 (Collins), 1984–60 (Mulloy). member would be $1,000 per hour. Contributions by all other persons, The new statutory exception limits a The Commission seeks comment on including immediate family members, candidate’s use of the aircraft to not the proposed approaches or any other are subject to the applicable amount ‘‘more than the candidate’s or method of calculation. For example, the limits and source prohibitions. 11 CFR immediate family member’s Commission seeks comment on whether 110.1 et seq. proportionate share of ownership the exception should require The Commission proposes several allows.’’ 2 U.S.C. 439(c)(3)(A). However, reimbursement at all for travel on reimbursement alternatives. Proposed the statute does not specify the exact candidate-owned aircraft. Alternatively, 11 CFR 100.93(g) would require nature of the relationship between should the Commission require ownership shares and use of the aircraft. 11 A contribution by a candidate for the House or reimbursement at the same Senate to his own campaign may also impact reimbursement rate required for all 12 The reimbursement rates in proposed 11 CFR separate disclosure requirements for expenditures other candidate travel under the 100.93(c)(3)(i) through (iii) would apply to officials from personal funds under 2 U.S.C. 441a(i), the so- proposed regulations, i.e., the pro rata of a political party committee who are traveling on called ‘‘Millionaires Amendment.’’ 2 U.S.C. behalf of the party committee, and other campaign 441a(i)(1)(C); 11 CFR Part 400. The Commission share of the fair market value of such travelers who are traveling on behalf of a political seeks comment on the impact of these proposed flight? Moreover, should the committee other than a candidate’s authorized regulations on the Millionaire’s Amendment. Commission allow one or more methods committee or leadership PAC.

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Rather than account for all of the campaign travelers, that would enable B. Proposed 11 CFR 113.5(a)—Rule for potential ownership structures of an the Commission to determine whether Presidential, Vice-Presidential and entity that may own or lease an aircraft, the correct amount of reimbursement Senate Candidates the Commission is proposing a simple was provided for specific flights. To Proposed 11 CFR 113.5(a)(1) reflects condition for the exception to apply: avoid any inference that candidates the general prohibition in new 2 U.S.C. unless the candidate or immediate would be permitted to pay the first class 439a(c) on the expenditure of funds by family member is the sole owner of the or coach rates, proposed paragraphs candidates for President, Vice-President aircraft, the amount of use of the aircraft (j)(1) and (j)(2) would also be revised to or the Senate and their authorized to which each ownership share is expressly provide that candidates and committees and leadership PACs for entitled must be specified in writing person traveling on behalf of candidates aircraft flights, except in certain prior to the candidate’s use of the would be governed by paragraph (j)(3), specified situations. The first situation airplane. As long as the written policy is when air travel is taken on provides a reasonable relationship not (j)(1). ‘‘commercial’’ flights. See proposed 11 between the use of the aircraft and the Second, the Commission would CFR 113.5(a)(1). The second situation is percentage of ownership by the require that a record of the written when air travel is taken on ‘‘non- candidate or candidate’s immediate agreement required for aircraft owned in commercial’’ flights and the candidate family member, the Commission would part by a candidate for Federal office or or his or her authorized committee not delve into the various ownership a member of his or her immediate reimburses the provider of the airplane structures. The Commission requests family be maintained by the committee. comments on this proposal. If the in the amount of the candidate’s pro rata The Commission seeks comment on the share of the fair market value of the candidate’s use of the aircraft exceeds appropriate duration of this record his or her proportionate ownership flight within seven days of the flight. retention requirement. See proposed 11 See proposed 11 CFR 113.5(a)(2). share, how should that excessive use be CFR 100.93(j)(3)(ii). Where an aircraft is reimbursed? Should the excessive use Proposed 11 CFR 113.5(a)(1) and (2) owned by an entity in which the provide cross-references to definitions be prohibited altogether? candidate or a member of the The proposed rules would not specify of the terms ‘‘commercial travel,’’ ‘‘non- a particular time for repayment for candidate’s immediate family owns an commercial travel,’’ and ‘‘pro rata share travel on aircraft owned by a candidate interest, this document would be of the fair market value of the flight’’ in or a member of the candidate’s required by proposed 11 CFR 100.93(g) proposed 11 CFR 100.93(a)(3)(iv), (v) immediate family. Should the to specify the proportionate use of the and (vi). Commission require payment within a aircraft corresponding to the percentage Proposed 11 CFR 113.5(a) includes specific time period, such as seven days, of ownership of the candidate or restrictions on expenditures by as for travel on other aircraft under member of the candidate’s immediate leadership PACs of Senate, presidential, proposed 11 CFR 100.93(c)? family. and vice-presidential candidates, to conform to the Commission’s proposed The Commission seeks comments on H. Recordkeeping Requirements language in 11 CFR 100.93(c)(1). these proposed revisions. In light of the proposed changes to the The Commission requests comments reimbursement rates required for V. Use of Campaign Funds for Non- on all of the above aspects of proposed candidates and candidate Commercial Travel—11 CFR 113.5 11 CFR 113.5(a). representatives, the Commission C. Proposed 11 CFR 113.5(b)—Rule for proposes two revisions to its current In addition to the proposed revisions House Candidates recordkeeping requirements for non- to the travel reimbursement regulations commercial travel at 11 CFR 100.93(i), at 11 CFR 100.93, the Commission also New 2 U.S.C. 439a(c)(2) contains the which would be relocated to proposed proposes to add a new section 11 CFR applicable rule for candidates for 11 CFR 100.93(j). 113.5 to implement the limit on election to office in the House of First, although the Commission’s expenditures for non-commercial air Representatives. Unlike candidates for current rules permit candidates and travel contained in new 2 U.S.C. President, Vice-President, or the U.S. persons traveling on their behalf to pay 439a(c). Senate, House candidates, including first-class or coach rates for certain authorized committees and leadership flights, candidates and their A. Proposed Change of Title for 11 CFR PACs of such candidates, are prohibited representatives would be required to Part 113 from spending campaign funds on pay the normal and usual charter rates private, non-commercial air travel. Along with the proposed addition of under the proposed rules. See proposed Instead, House candidates may spend 11 CFR 100.93(c)(1) and (2). new 11 CFR 113.5 implementing new 2 campaign funds on air travel only when Accordingly, the Commission proposes U.S.C. 439a(c), the Commission the flight is commercial or when the to establish a new paragraph in its proposes to change the title of Part 113. flight is operated by an entity of the revised recordkeeping section to specify The current title, ‘‘Use of Campaign Federal government or of a State that candidates, and those paying for Accounts for Non-Campaign Purposes,’’ government (including local travel by candidates and candidate is insufficiently broad to encompass the governments). Other than travel representatives, must follow the current subject matter of the proposed rule, permitted under 11 CFR 100.92(g), recordkeeping requirements for persons which regulates a use of campaign funds because House candidates, their paying the normal and usual charter rate for campaign purposes rather than for authorized committees, and their for air travel. See proposed 11 CFR non-campaign purposes. The leadership PACs are prohibited from 100.93(j)(3)(i) (referencing the Commission proposes instead the spending campaign funds on non- recordkeeping requirements in proposed broader title, ‘‘Permitted and Prohibited commercial travel, the proposed rule paragraph (j)(2) of the same section). Uses of Campaign Accounts,’’ to capture also prohibits House candidates from These requirements are intended to the content of both the existing accepting in-kind contributions in the preserve information, such as the tail regulations in this part and that of the form of non-commercial air travel. number of an aircraft and the number of proposed rule. Proposed 11 CFR 113.15(b).

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Proposed 11 CFR 113.5(b)(1) and (2) (26 U.S.C. 9031 et seq.), the Commission C. 11 CFR 9004.7(b)(8) and 11 CFR implement these provisions. Proposed proposes to make certain amendments 9034.7(b)(8)—Scope subparagraph (1) contains the same to its regulations implementing these Sections 9004.7(b)(8) and 9034.7(b)(8) ‘‘commercial exception’’ as is set forth laws to conform to the changes it identify the scope of 11 CFR 100.93 in in proposed 11 CFR 113.5(a)(2). Travel proposes to make to 11 CFR 100.93. terminology used in current section on government-operated aircraft is Sections 9004.7 and 9034.7 are 100.93. Specifically, the provisions reflected in proposed subparagraph (2). identically worded regulations speak in terms of aircraft that are D. Proposed 11 CFR 113.5(c)—Exception promulgated under the authority of the ‘‘licensed for compensation or hire’’ to Rules for Aircraft Owned or Leased by Fund Act and the Matching Payment under various FAA certification Candidate or Immediate Family Member Act, respectively, and contain cross- authorities. The Commission proposes The restrictions on expenditures in references to 11 CFR 100.93. Both to change this language to conform to the amendments to 2 U.S.C. 439a do not regulations prescribe the procedures the proposed language used in new 2 apply to travel aboard aircraft that are that publicly funded primary and U.S.C. 439a(c) and in proposed 11 CFR ‘‘owned or leased’’ by the candidate or general election presidential campaigns 100.93. Proposed 11 CFR 9004.7(b)(8) the candidate’s immediate family must follow in attributing their travel and 11 CFR 9034.7(b)(8) state that travel member, and aircraft owned or leased expenses to campaign-related and to on non-commercial airplanes is by any entity in which the candidate or non-campaign-related activities. The governed by 11 CFR 100.93 and that the a member of the candidate’s immediate Commission proposes the following term ‘‘non-commercial’’ is defined in family ‘‘has an ownership interest,’’ technical amendments to conform these accordance with proposed section 11 provided that the entity is not a ‘‘public regulations to proposed 11 CFR 100.93: CFR 100.93(a)(3)(v). corporation’’ and the use of the aircraft The Commission invites comments is not ‘‘more than the candidate’s or A. Aircraft from the public concerning any of the immediate family member’s proposals outlined above. The Proposed 11 CFR 9004.7(b)(5)(i), (iii), Commission also invites comments from proportionate share of ownership and (v), and 11 CFR 9004.7(b)(8) replace allows.’’ 2 U.S.C. 439a(c)(3)(A). the public regarding any additional the word ‘‘airplane’’ with the word The Commission proposes to changes that should be made to 11 CFR implement this exception in proposed ‘‘aircraft.’’ These changes conform the 100.5(e), 100.93, 113.5, 9004.7(b)(5)(i), 11 CFR 113.5(c). Proposed 11 CFR regulations to the scope of new 2 U.S.C. (iii), (v) or (b)(8), or 9034.7(b)(5)(i), (iii), 113.5(c)(1) contains the exceptions. 439a(c) and to proposed 11 CFR 100.93, (v), or (b)(8). as well as to proposed 11 CFR 113.5. Proposed 11 CFR 113.5(c)(2) states that Certification of No Effect Pursuant to 5 candidates and immediate family B. Recordkeeping Requirements U.S.C. 605(b) [Regulatory Flexibility members will be considered to own or Act] lease aircraft under the conditions Currently, 11 CFR 9004.7(b)(5)(v) and described in proposed 11 CFR 11 CFR 9034.7(b)(5)(v) require the The Commission certifies that the 100.93(g)(2), namely, when there is an authorized committees of presidential attached proposed rules, if promulgated, ownership interest in an entity other and vice-presidential candidates to will not have a significant economic than a public corporation that owns the maintain documentation of the lowest impact on a substantial number of small aircraft. Proposed 11 CFR 113.5(c)(3) unrestricted non-discounted airfare as entities. The basis for this certification contains a cross-reference to proposed required in 11 CFR 100.93(i)(1) or (2). is that few, if any, small entities would be affected by these final rules, which 11 CFR 100.93(g)(3), which defines the Sections 100.93(i)(1) and (2) contain impose obligations only on Federal term ‘‘immediate family member’’ in recordkeeping requirements relating to candidates, their campaign committees, accordance with new 2 U.S.C. rates of reimbursement prescribed in 11 other individuals traveling in 439a(c)(3)(B). CFR 100.93(c) and (e). Proposed 11 CFR connection with a Federal election, and 100.93 replaces the current E. Proposed 11 CFR 113.5(d)— the political committees on whose Unreimbursed Air Travel as reimbursement rate for non-commercial behalf this travel is conducted. Federal Contribution air travel by presidential and vice- candidates, their campaign committees, presidential candidates with a rate Proposed 11 CFR 113.5(d) states that and most political party committees and based on the ‘‘pro rata share of the fair other political committees entitled to the unreimbursed value of market value’’ of the flight and sets out transportation provided to any rely on these rules are not small entities. the corresponding recordkeeping campaign traveler, as defined in These rules would generally clarify or requirements in proposed 11 CFR proposed 11 CFR 100.93(a)(3)(i), is an supplement existing rules and are 100.93(j)(3). The Commission proposes in-kind contribution from the service largely intended to implement a to change 11 CFR 9004.7(b)(5)(v) and 11 provider to the candidate or political statutory directive and simplify the CFR 9034.7(b)(5)(v) to conform the committee on whose behalf, or with process of determining reimbursement whom, the campaign traveler traveled, recordkeeping requirements to those rates. The rules would not impose and that such contributions are subject proposed in 11 CFR 100.93(j)(3). The compliance costs on any service to the limits and prohibitions of the Act. Commission also proposes to make a providers (as defined in the rules) that conforming amendment to the final are small entities so as to cause a VI. Publicly-Financed Presidential and sentence in this provision, which significant economic impact. With Vice-Presidential Candidates—11 CFR addresses recordkeeping requirements respect to the determination of the 9004.7 & 9034.7 for travel on other conveyances. amount of reimbursement for travel, the Although new 2 U.S.C. 439a(c) does Recordkeeping requirements in such new rules would merely reflect an not amend either the Presidential cases would be addressed in proposed extension of existing similar rules. To Election Campaign Fund Act (Fund Act) 11 CFR 100.93(j)(4). Thus, the the extent that operators of air-taxi (26 U.S.C. 9001 et seq.) or the Commission proposes to require services or on-demand air charter Presidential Primary Matching Payment recordkeeping in accordance with services are small entities indirectly Account Act (Matching Payment Act) proposed 11 CFR 100.93(j)(4). impacted by these rules, any economic

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effects would result from the travel airline flight, charter flight, taxi, or an travelers who are traveling on behalf of choices of individual candidates or automobile provided by a rental that candidate or political committee; or other travelers rather than Commission company, are governed by 11 CFR (ii) Every campaign traveler for whom requirements and, in any event, are 100.52(a) and (d), not this section. payment is not made under paragraph likely to be less than $100,000,000 per (3) For the purposes of this section: (b)(1)(i) of this section pays the service year. (i) Campaign traveler means provider for the full value of the transportation provided to that List of Subjects (A) Any candidate for Federal office or any individual traveling in campaign traveler as determined in 11 CFR Part 100 connection with an election for Federal accordance with paragraphs (c), (d), (e) or (g) of this section. See 11 CFR 100.79 Elections. office on behalf of a candidate or political committee; or and 100.139 for treatment of certain 11 CFR Part 113 (B) Any member of the news media unreimbursed transportation expenses Campaign funds, and political traveling with a candidate. incurred by individuals traveling on candidates. (ii) Service provider means the owner behalf of candidates, authorized of an aircraft or other conveyance, or a committees, and political committees of 11 CFR Part 9004 person who leases an aircraft or other political parties; and Campaign funds. conveyance from the owner or (iii) Every member of the news media traveling with a candidate for whom 11 CFR Part 9034 otherwise obtains a legal right to the use of an aircraft or other conveyance, and payment is not made under paragraph Campaign funds, Reporting and who uses the aircraft or other (b)(1)(i) of this section pays the service recordkeeping requirements. conveyance to provide transportation to provider for the full value of his or her transportation as determined in For the reasons set out in the a campaign traveler. For a jointly owned accordance with paragraphs (d) or (e)(2) preamble, the Federal Election or leased aircraft or other conveyance, of this section. Commission proposes to amend the service provider is the person who subchapters A, E, and F of chapter 1 of (2) Except as provided in 11 CFR makes the aircraft or other conveyance 100.79, the unreimbursed value of title 11 of the Code of Federal available to the campaign traveler. Regulations as follows: transportation provided to any (iii) Unreimbursed value means the campaign traveler, as determined in PART 100—SCOPE AND DEFINITIONS difference between the value of the accordance with paragraphs (c), (d) or (2 U.S.C. 431) transportation service provided, as set (e) of this section, is an in-kind forth in this section, and the amount of contribution from the service provider 1. The authority citation for part 100 payment for that transportation service to the candidate or political committee would be revised to read as follows: by the political committee or campaign on whose behalf, or with whom, the Authority: 2 U.S.C. 431, 434, 438(a)(8), and traveler to the service provider within campaign traveler traveled. 439a(c). the time limits set forth in this section. (c) Travel on aircraft. When a (iv) Commercial travel means travel 2. Section 100.5 would be amended campaign traveler uses aircraft for non- aboard: by adding a new paragraph (e)(6) to read commercial travel, other than a (A) An aircraft operated by an air as follows: government aircraft described in carrier or commercial operator paragraph (e) of this section or an § 100.5 Political committee (2 U.S.C. 431 certificated by the Federal Aviation aircraft described in paragraph (g) of (4), (5), (6)). Administration, provided that the flight this section, reimbursement must be * * * * * is required to be conducted under provided no later than seven (7) (e) The following are examples of Federal Aviation Administration air calendar days after the date the flight political committees: carrier safety rules, or, in the case of began at one of the following rates to * * * * * travel which is abroad, by an air carrier avoid the receipt of an in-kind (6) Leadership PAC. Leadership PAC or commercial operator certificated by contribution: means a political committee that is an appropriate foreign civil aviation (1) Travel by or on behalf of Senate, directly or indirectly established, authority, provided that the flight is presidential, or vice-presidential financed, maintained or controlled by a required to be conducted under air candidates. A Senate, presidential, or candidate for Federal office or an carrier safety rules; or vice-presidential candidate traveling on individual holding Federal office but (B) Other means of transportation his own behalf, or any person traveling which is not an authorized committee of operated for commercial passenger on behalf of such candidate, the the candidate or individual and which service candidate’s authorized committee, or is not affiliated with an authorized (v) Non-commercial travel means the candidate’s leadership PAC, must committee of the candidate or travel aboard any conveyance that is not pay the pro rata share per represented individual, except that leadership PAC commercial travel, as defined in candidate of the normal and usual does not include a political committee paragraph (a)(3)(iv) of this section. charter fare or rental charge for travel on of a political party. (b) General rule. (1) No contribution is a comparable aircraft of comparable made by a service provider to a * * * * * size. The pro rata share shall be 3. Section 100.93 is revised to read as candidate or political committee if: calculated by dividing the normal and follows: (i) Every candidate’s authorized usual charter fare or rental charge by the committee, leadership PAC, or other number of different candidates § 100.93 Travel by aircraft or other means political committee on behalf of which represented on the flight, regardless of of transportation. the travel is conducted pays the service the total number of campaign travelers (a) Scope and definitions. (1) This provider, within the required time, for or other passengers. section applies to all campaign travelers the full value of the transportation, as (2) House candidates. Except as who use non-commercial travel determined in accordance with otherwise provided in paragraphs (e) (2) Campaign travelers who use paragraphs (c), (d), (e) or (g) of this and (g) of this section, a campaign commercial travel, such as a commercial section, provided to all campaign traveler who is a candidate for election

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for the office of Representative in, or number of different candidates (1) For non-commercial travel by a Delegate or Resident Commissioner to, represented on the flight, regardless of candidate for Federal office, or a person the Congress, or a person traveling on the total number of campaign travelers traveling on behalf of such candidate, behalf of any such candidate or any or other passengers. For purposes of this on an aircraft owned or leased by a authorized committee or leadership paragraph, the comparable aircraft need candidate or an immediate family PAC of such candidate, is prohibited not accommodate any authorized or member of the candidate, the from non-commercial travel on behalf of required government personnel and candidate’s authorized committee must any such candidate or any authorized equipment; or pay the incremental cost of such travel. committee or leadership PAC of such (ii) The private traveler The incremental cost includes, but is candidate. reimbursement rate, as specified by the not limited to, the cost of fuel and crew, (3) Other campaign travelers. No governmental entity providing the but does not include depreciation costs. reimbursement is required for travel by aircraft, per campaign traveler. Paragraph (g)(1)—Alternative 2—(Actual campaign travelers not covered by (2) If a campaign traveler uses a Value Alternative) paragraphs (c)(1) or (c)(2) of this section conveyance, other than an aircraft, that if that travel is required to be is provided by the Federal government, (g) Aircraft owned by a candidate or reimbursed by a candidate, or any or by a State or local government, the an immediate member of a candidate’s authorized committee or leadership campaign traveler, or the political family. PAC of a candidate, pursuant to committee on whose behalf the travel is (1) For non-commercial travel by a paragraphs (c)(1) or (c)(2) of this section. conducted, must pay the government candidate for Federal office, or a person Otherwise, a campaign traveler not entity in accordance with paragraph (d) traveling on behalf of such candidate, covered by paragraphs (c)(1) or (c)(2) of of this section. on an aircraft owned or leased by a this section, or the political committee (f) Date and public availability of candidate or an immediate family on whose behalf the travel is conducted, payment rate. For purposes of member of the candidate, the must pay the service provider the pro paragraphs (c), (d), (e), and (g) of this candidate’s authorized committee must rata share per represented committee of section, the payment rate must be the pay, in the case of travel on an aircraft the normal and usual charter fare or rate available to the general public for that is owned or leased under a shared- rental charge for travel on a comparable the dates traveled or within seven (7) ownership or other time-share airplane of comparable size. The pro calendar days thereof. The payment rate arrangement, the hourly, mileage, or rata share shall be calculated by must be determined by the time the other applicable rate charged the dividing the normal and usual charter payment is due under paragraph (c), (d), candidate, corporation, or immediate fare or rental charge by the number of (e) or (g) of this section. family member for the costs of the different committees represented on the (g) Aircraft owned by a candidate or travel. flight, regardless of the total number of an immediate member of a candidate’s (2) A candidate, or an immediate campaign travelers or other passengers. family. family member of the candidate, will be (d) Other means of transportation. If (1) For non-commercial travel by a considered to own or lease an aircraft a campaign traveler uses any means of candidate for Federal office, or a person under paragraph (g)(1) of this section if transportation other than an aircraft, traveling on behalf of such candidate, the candidate or the immediate family including an automobile, or train, or on an aircraft owned or leased by a member of the candidate has an boat, the campaign traveler, or the candidate or an immediate family ownership interest in an entity that political committee on whose behalf the member of the candidate, the owns the aircraft, provided that the travel is conducted, must pay the candidate’s authorized committee must entity is not a corporation with publicly service provider within thirty (30) pay traded shares and that the owning entity calendar days after the date of receipt of (i) In the case of travel between cities specifies in writing the amount of use of the invoice for such travel, but not later served by regularly scheduled first-class the aircraft to which that ownership than sixty (60) calendar days after the commercial airline service, the lowest interest is entitled. date the travel began, at the normal and unrestricted and non-discounted first- (3) For the purposes of this section, an usual fare or rental charge for a class airfare; ‘‘immediate family member’’ of a comparable commercial conveyance of (ii) In the case of travel between a city candidate is the father, mother, son, sufficient size to accommodate all served by regularly scheduled coach daughter, brother, sister, husband, wife, campaign travelers, including members commercial airline service, but not father-in-law, or mother-in-law of the of the news media traveling with a regularly scheduled first-class candidate. candidate, and security personnel, if commercial airline service, and a city (h) Preemption. In all respects, State applicable. served by regularly scheduled coach and local laws are preempted with (e) Government conveyances. (1) If a commercial airline service (with or respect to travel in connection with a campaign traveler uses an aircraft that is without first-class commercial airline Federal election to the extent they provided by the Federal government, or service), the lowest unrestricted and purport to supplant the rates or timing by a State or local government, the non-discounted coach airfare; or requirements of 11 CFR 100.93. campaign traveler, or the political (iii) In the case of travel to or from a (i) Reporting. (1) In accordance with committee on whose behalf the travel is city not served by regularly scheduled 11 CFR 104.13, a political committee on conducted, must pay the governmental commercial airline service, the rate for whose behalf the unreimbursed travel is entity either: Senate and Presidential campaign conducted must report the receipt of an (i) The pro rata share per represented travelers in paragraph (c)(1) of this in-kind contribution and the making of candidate of the normal and usual section. an expenditure under paragraph (b)(2) charter fare or rental charge for the flight of this section. on a comparable aircraft of sufficient Paragraph (g)(1)—Alternative 1 (2) When reporting a disbursement for size to accommodate all campaign (Incremental Cost Alternative) travel services in accordance with this travelers. The pro rata share shall be (g) Aircraft owned by a candidate or section, a political committee on whose calculated by dividing the normal and an immediate member of a candidate’s behalf the travel is conducted must usual charter fare or rental charge by the family. report the actual dates of travel for

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which the disbursement is made in the candidate, the document specifying the the Act or Commission regulations, a ‘‘purpose of disbursement’’ field. amount of use of the aircraft candidate for the office of (j) Recordkeeping. (1) Except as corresponding to the candidate’s or an Representative in, or Delegate or provided in paragraph (j)(3) of this immediate family member’s ownership Resident Commissioner to, the section, for travel by aircraft between interest in the aircraft, as required by Congress, and any authorized committee cities served by regularly scheduled paragraph (g) of this section. or leadership PAC of such candidate, first-class or coach commercial airline (4) For travel by other conveyances, shall not make any expenditures, or service, or for travel to or from a the political committee on whose behalf receive any in-kind contribution, for military base on a government airplane, the travel is conducted shall maintain travel on an aircraft unless the flight is the political committee on whose behalf documentation of: (1) Commercial travel as provided in the travel is conducted shall maintain (i) The service provider and the size, 11 CFR 100.93(a)(3)(iv); or documentation of: model and make of the conveyance (2) Provided by the Federal (i) The service provider and tail used; government or by a State or local number (or other unique identifier for (ii) An itinerary showing the government. military aircraft) of the aircraft used; departure and destination locations and (c) Exception for aircraft owned or (ii) An itinerary showing the the date(s) of departure and arrival, a leased by candidates and immediate departure and arrival cities and the list of all passengers on such trip, along family members of candidates. (1) date(s) of departure and arrival, a list of with a designation of which passengers Paragraphs (a) and (b) of this section do all passengers on such trip, along with are and which are not campaign not apply to flights on aircraft owned or a designation of which passengers are travelers or security personnel; and leased by the candidate, or by an and which are not campaign travelers; (iii) The commercial fare or rental immediate family member of the and charge available in accordance with candidate, provided that the candidate (iii) The lowest unrestricted non- paragraphs (d) and (f) of this section for does not use the aircraft more than the discounted airfare available in a comparable commercial conveyance of candidate’s or immediate family accordance with paragraphs (c), (e) and sufficient size to accommodate all member’s proportionate share of (f) of this section, including the airline campaign travelers including members ownership allows. offering that fare, flight number, travel of the news media traveling with a (2) A candidate, or an immediate service, if any, providing that fare, and candidate, and security personnel, if family member of the candidate, will be the dates on which the rates are based. applicable. considered to own or lease an aircraft (2) Except as provided in paragraph under the conditions described in 11 PART 113—PERMITTED AND (j)(3) of this section, for travel by aircraft CFR 100.93(g)(2). PROHIBITED USES OF CAMPAIGN to or from a city not served by regularly (3) An ‘‘immediate family member’’ is ACCOUNTS scheduled commercial airline service, defined in 11 CFR 100.93(g)(3). the candidate or political committee on 4. The authority citation for part 113 (d) In-kind contribution. Except as whose behalf the travel is conducted would continue to read as follows: provided in 11 CFR 100.79, the unreimbursed value of transportation shall maintain documentation of: Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, (i) The service provider and the size, 441a. provided to any campaign traveler is an model, make and tail number (or other in-kind contribution from the service unique identifier for military aircraft) of 5. The heading to part 113 would be provider to the candidate or political the aircraft used; revised to read as set forth above. committee on whose behalf, or with (ii) An itinerary showing the 6. Part 113 would be amended by whom, the campaign traveler traveled. departure and arrival cities and the adding a new § 113.5 to read as follows: Such contributions are subject to the date(s) of departure and arrival, a list of § 113.5 Restrictions on use of campaign reporting requirements, limitations and all passengers on such trip, along with funds for flights on noncommercial aircraft prohibitions of the Act. a designation of which passengers are (2 U.S.C. 439a(c)). and which are not campaign travelers or (a) Presidential, vice-presidential and PART 9004—ENTITLEMENT OF security personnel; and Senate candidates. Notwithstanding any ELIGIBLE CANDIDATES TO (iii) The rate for the comparable other provision of the Act or PAYMENTS; USE OF PAYMENTS charter aircraft available in accordance Commission regulations, a presidential, 7. The authority citation for part 9004 with paragraphs (c), (e) and (f) of this vice-presidential, or Senate candidate, would continue to read as follows: section, including the airline, charter or and any authorized committee or air taxi operator, and travel service, if leadership PAC of such candidate, shall Authority: 26 U.S.C. 9004 and 9009(b). any, offering that fare to the public, and not make any expenditure for travel on 8. Section 9004.7 would be amended the dates on which the rates are based. an aircraft unless the flight is by revising paragraphs (b)(5)(i), (iii), and (3) For non-commercial travel on (1) Commercial travel as provided in (v) and (b)(8) to read as follows: aircraft by any candidate for Federal 11 CFR 100.93(a)(3)(iv); or office, or a person traveling on behalf of (2) Noncommercial travel as provided § 9004.7 Allocation of travel expenditures. such candidate, the candidate’s in 11 CFR 100.93(a)(3)(v), and the pro * * * * * authorized committee, or the rata share of the fair market value of (b) * * * candidate’s leadership PAC, the such a flight, as provided in 11 CFR (5)(i) If any individual, including a candidate or political committee on 100.93(c), is paid by the candidate, the candidate, uses a government aircraft for whose behalf the travel is conducted authorized committee, or other political campaign-related travel, the candidate’s shall maintain: committee on whose behalf the travel is authorized committee shall pay the (i) The documentation required by conducted, to the owner, lessee, or other appropriate government entity an paragraph (j)(2)(i) through (iii) of this person who provides the aircraft within amount equal to the applicable rate set section, and seven days after the date on which the forth in 11 CFR 100.93(e). (ii) Where the travel is aboard an flight is taken. * * * * * aircraft owned in part by the candidate (b) House candidates. (iii) If any individual, including a or an immediate family member of the Notwithstanding any other provision of candidate, uses a government

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conveyance, other than an aircraft, for (8) Non-commercial travel on aircraft, • Fax: (202) 493–2251. campaign-related travel, the candidate’s and travel on other means of • Mail: U.S. Department of authorized committee shall pay the transportation not operated for Transportation, Docket Operations, M– appropriate government entity an commercial passenger service is 30, West Building Ground Floor, Room amount equal to the amount required governed by 11 CFR 100.93. W12–140, 1200 New Jersey Avenue, SE., under 11 CFR 100.93(d). Dated: October 18, 2007. Washington, DC 20590. • * * * * * Robert D. Lenhard, Hand Delivery: U.S. Department of Transportation, Docket Operations, M– (v) For travel by aircraft, the Chairman, Federal Election Commission. 30, West Building Ground Floor, Room committee shall maintain [FR Doc. E7–20901 Filed 10–22–07; 8:45 am] documentation as required by 11 CFR W12–40, 1200 New Jersey Avenue, SE., BILLING CODE 6715–01–P 100.93(j)(3) in addition to any other Washington, DC, between 9 a.m. and 5 documentation required in this section. p.m., Monday through Friday, except For travel by other conveyances, the Federal holidays. DEPARTMENT OF TRANSPORTATION committee shall maintain Examining the AD Docket documentation of the commercial rental Federal Aviation Administration rate as required by 11 CFR 100.93(j)(4) You may examine the AD docket on the Internet at http:// in addition to any other documentation 14 CFR Part 39 required in this section. www.regulations.gov; or in person at the Docket Operations office between 9 a.m. * * * * * [Docket No. FAA–2007–0075; Directorate and 5 p.m., Monday through Friday, (8) Non-commercial travel, as defined Identifier 2007–NM–171–AD] except Federal holidays. The AD docket in 11 CFR 100.93(a)(3)(v), on aircraft, RIN 2120–AA64 contains this proposed AD, the and travel on other means of regulatory evaluation, any comments transportation not operated for Airworthiness Directives; EMBRAER received, and other information. The commercial passenger service, is Model EMB–120, –120ER, –120FC, street address for the Docket Operations governed by 11 CFR 100.93. –120QC, and –120RT Airplanes office (telephone (800) 647–5527) is in PART 9034—ENTITLEMENTS AGENCY: Federal Aviation the ADDRESSES section. Comments will Administration (FAA), DOT. be available in the AD docket shortly 9. The authority citation for part 9034 ACTION: Notice of proposed rulemaking after receipt. would continue to read as follows: (NPRM). FOR FURTHER INFORMATION CONTACT: Dan Authority: 26 U.S.C. 9034 and 9039(b). Rodina, Aerospace Engineer, SUMMARY: We propose to adopt a new International Branch, ANM–116, FAA, 10. Section 9034.7 would be amended airworthiness directive (AD) for the Transport Airplane Directorate, 1601 by revising paragraphs (b)(5) (i), (iii), products listed above. This proposed Lind Avenue, SW., Renton, Washington and (v) and (b)(8) to read as follows: AD results from mandatory continuing 98057–3356; telephone (425) 227–2125; § 9034.7 Allocation of travel expenditures. airworthiness information (MCAI) fax (425) 227–1149. originated by an aviation authority of * * * * * SUPPLEMENTARY INFORMATION: another country to identify and correct (b) * * * an unsafe condition on an aviation Comments Invited (5)(i) If any individual, including a product. The MCAI describes the unsafe candidate, uses a government aircraft for We invite you to send any written condition as: campaign-related travel, the candidate’s relevant data, views, or arguments about authorized committee shall pay the It has been found that former revisions of this proposed AD. Send your comments appropriate government entity an the Maintenance Review Board Report to an address listed under the amount not less than the applicable rate (MRBR) of the EMB–120( ) aircraft do not ADDRESSES section. Include ‘‘Docket No. fully comply with some Critical Design set forth in 11 CFR 100.93(e). FAA–2007–0075; Directorate Identifier Configuration Control Limitations (CDCCL) 2007–NM–171–AD’’ at the beginning of * * * * * and Fuel System Limitations (FSL). These your comments. We specifically invite (iii) If any individual, including a limitations are necessary to preclude ignition comments on the overall regulatory, candidate, uses a government sources in the fuel system, as required by economic, environmental, and energy conveyance, other than an aircraft, for RBHA–E88/SFAR–88 (Special Federal aspects of this proposed AD. We will campaign-related travel, the candidate’s Aviation Regulation No. 88). consider all comments received by the authorized committee shall pay the * * * * * * * closing date and may amend this appropriate government entity an The potential of ignition sources, in proposed AD based on those comments. amount equal to the amount required combination with flammable fuel We will post all comments we under 11 CFR 100.93(d). vapors, could result in fuel tank explosions and consequent loss of the receive, without change, to http:// * * * * * www.regulations.gov; including any (v) For travel by aircraft, the airplane. The proposed AD would require actions that are intended to personal information you provide. We committee shall maintain will also post a report summarizing each documentation as required by 11 CFR address the unsafe condition described in the MCAI. substantive verbal contact we receive 100.93(j)(3) in addition to any other about this proposed AD. documentation required in this section. DATES: We must receive comments on For travel by other conveyances, the this proposed AD by November 23, Discussion committee shall maintain 2007. The Ageˆncia Nacional de Aviac¸a˜o documentation of the commercial rental ADDRESSES: You may send comments by Civil (ANAC), which is the rate as required by 11 CFR 100.93(j)(4) any of the following methods: airworthiness authority for Brazil, has in addition to any other documentation • Federal eRulemaking Portal: Go to issued Brazilian Airworthiness Directive required in this section. http://www.regulations.gov. Follow the 2007–05–02, effective June 6, 2007 * * * * * instructions for submitting comments. (referred to after this as ‘‘the MCAI’’), to

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correct an unsafe condition for the In evaluating these design reviews, we We might also have proposed specified products. The MCAI states: have established four criteria intended different actions in this AD from those It has been found that former revisions of to define the unsafe conditions in the MCAI in order to follow FAA the Maintenance Review Board Report associated with fuel tank systems that policies. Any such differences are (MRBR) of the EMB–120( ) aircraft do not require corrective actions. The highlighted in a NOTE within the fully comply with some Critical Design percentage of operating time during proposed AD. Configuration Control Limitations (CDCCL) which fuel tanks are exposed to Costs of Compliance and Fuel System Limitations (FSL). These flammable conditions is one of these limitations are necessary to preclude ignition criteria. The other three criteria address Based on the service information, we sources in the fuel system, as required by the failure types under evaluation: estimate that this proposed AD would RBHA–E88/SFAR–88 (Special Federal affect about 109 products of U.S. Aviation Regulation No. 88). Single failures, single failures in Since this condition affects flight safety, a combination with a latent condition(s), registry. We also estimate that it would corrective action is required. Thus, sufficient and in-service failure experience. For all take about 1 work-hour per product to reason exists to request compliance with this four criteria, the evaluations included comply with the basic requirements of AD in the indicated time limit. consideration of previous actions taken this proposed AD. The average labor that may mitigate the need for further rate is $80 per work-hour. Based on The potential of ignition sources, in action. these figures, we estimate the cost of the combination with flammable fuel We have determined that the actions proposed AD on U.S. operators to be vapors, could result in fuel tank identified in this AD are necessary to $8,720, or $80 per product. explosions and consequent loss of the reduce the potential of ignition sources airplane. The corrective action is Authority for This Rulemaking inside fuel tanks, which, in combination revising the Airworthiness Limitations with flammable fuel vapors, could result Title 49 of the United States Code Section of the Instructions for in fuel tank explosions and consequent specifies the FAA’s authority to issue Continued Airworthiness to incorporate loss of the airplane. rules on aviation safety. Subtitle I, new limitations for fuel tank systems. section 106, describes the authority of You may obtain further information by Relevant Service Information the FAA Administrator. ‘‘Subtitle VII: examining the MCAI in the AD docket. EMBRAER has issued Temporary Aviation Programs,’’ describes in more The FAA has examined the Revision No. 22–1 of the EMB–120 detail the scope of the Agency’s underlying safety issues involved in fuel Maintenance Review Board Report authority. tank explosions on several large (MRBR), dated November 18, 2005; and We are issuing this rulemaking under transport airplanes, including the Section 6, Part D, Critical Design the authority described in ‘‘Subtitle VII, adequacy of existing regulations, the Configuration Control Limitation Part A, Subpart III, Section 44701: service history of airplanes subject to (CDCCL) of the MRBR, dated March 22, General requirements.’’ Under that those regulations, and existing 2005. The actions described in this section, Congress charges the FAA with maintenance practices for fuel tank service information are intended to promoting safe flight of civil aircraft in systems. As a result of those findings, correct the unsafe condition identified air commerce by prescribing regulations we issued a regulation titled ‘‘Transport in the MCAI. for practices, methods, and procedures Airplane Fuel Tank System Design the Administrator finds necessary for Review, Flammability Reduction and FAA’s Determination and Requirements safety in air commerce. This regulation Maintenance and Inspection of This Proposed AD is within the scope of that authority Requirements’’ (66 FR 23086, May 7, This product has been approved by because it addresses an unsafe condition 2001). In addition to new airworthiness the aviation authority of another that is likely to exist or develop on standards for transport airplanes and country, and is approved for operation products identified in this rulemaking new maintenance requirements, this in the United States. Pursuant to our action. rule included Special Federal Aviation bilateral agreement with the State of Regulatory Findings Regulation No. 88 (‘‘SFAR 88,’’ Design Authority, we have been notified Amendment 21–78, and subsequent of the unsafe condition described in the We determined that this proposed AD Amendments 21–82 and 21–83). MCAI and service information would not have federalism implications Among other actions, SFAR 88 referenced above. We are proposing this under Executive Order 13132. This requires certain type design (i.e., type AD because we evaluated all pertinent proposed AD would not have a certificate (TC) and supplemental type information and determined an unsafe substantial direct effect on the States, on certificate (STC)) holders to substantiate condition exists and is likely to exist or the relationship between the national that their fuel tank systems can prevent develop on other products of the same Government and the States, or on the ignition sources in the fuel tanks. This type design. distribution of power and requirement applies to type design responsibilities among the various Differences Between This AD and the holders for large turbine-powered levels of government. MCAI or Service Information transport airplanes and for subsequent For the reasons discussed above, I modifications to those airplanes. It We have reviewed the MCAI and certify this proposed regulation: requires them to perform design reviews related service information and, in 1. Is not a ‘‘significant regulatory and to develop design changes and general, agree with their substance. But action’’ under Executive Order 12866; maintenance procedures if their designs we might have found it necessary to use 2. Is not a ‘‘significant rule’’ under the do not meet the new fuel tank safety different words from those in the MCAI DOT Regulatory Policies and Procedures standards. As explained in the preamble to ensure the AD is clear for U.S. (44 FR 11034, February 26, 1979); and to the rule, we intended to adopt operators and is enforceable. In making 3. Will not have a significant airworthiness directives to mandate any these changes, we do not intend to differ economic impact, positive or negative, changes found necessary to address substantively from the information on a substantial number of small entities unsafe conditions identified as a result provided in the MCAI and related under the criteria of the Regulatory of these reviews. service information. Flexibility Act.

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We prepared a regulatory evaluation and Fuel System Limitations (FSL). These Other FAA AD Provisions of the estimated costs to comply with limitations are necessary to preclude ignition (g) The following provisions also apply to this proposed AD and placed it in the sources in the fuel system, as required by this AD: AD docket. RBHA–E88/SFAR–88 (Special Federal (1) Alternative Methods of Compliance Aviation Regulation No. 88). (AMOCs): The Manager, International List of Subjects in 14 CFR Part 39 Since this condition affects flight safety, a Branch, ANM–116, Transport Airplane Air transportation, Aircraft, Aviation corrective action is required. Thus, sufficient Directorate, FAA, has the authority to reason exists to request compliance with this safety, Safety. approve AMOCs for this AD, if requested AD in the indicated time limit. using the procedures found in 14 CFR 39.19. The Proposed Amendment The potential of ignition sources, in Send information to ATTN: Dan Rodina, combination with flammable fuel vapors, Accordingly, under the authority Aerospace Engineer, International Branch, could result in fuel tank explosions and ANM–116, FAA, Transport Airplane delegated to me by the Administrator, consequent loss of the airplane. The Directorate, 1601 Lind Avenue, SW., Renton, the FAA proposes to amend 14 CFR part corrective action is revising the Washington 98057–3356; telephone (425) 39 as follows: Airworthiness Limitations Section of the 227–2125; fax (425) 227–1149. Before using Instructions for Continued Airworthiness to any approved AMOC on any airplane to PART 39—AIRWORTHINESS incorporate new limitations for fuel tank which the AMOC applies, notify your DIRECTIVES systems. appropriate principal inspector (PI) in the Actions and Compliance FAA Flight Standards District Office (FSDO), 1. The authority citation for part 39 or lacking a PI, your local FSDO. continues to read as follows: (f) Unless already done, do the following (2) Airworthy Product: For any Authority: 49 U.S.C. 106(g), 40113, 44701. actions. requirement in this AD to obtain corrective (1) Within 1 month after the effective date actions from a manufacturer or other source, § 39.13 [Amended] of this AD, revise the Airworthiness use these actions if they are FAA-approved. 2. The FAA amends § 39.13 by adding Limitations Section (ALS) of the Instructions Corrective actions are considered FAA- the following new AD: for Continued Airworthiness to incorporate approved if they are approved by the State Tasks 15 to 18 of Section 6—‘‘Part E—Fuel of Design Authority (or their delegated Empresa Brasileira de Aeronautica S.A. Systems Limitations,’’ Temporary Revision agent). You are required to assure the product (EMBRAER): Docket No. FAA–2007– No. 22–1 of the EMB–120 Maintenance is airworthy before it is returned to service. 0075; Directorate Identifier 2007–NM– Review Board Report (MRBR), dated (3) Reporting Requirements: For any 171–AD. November 18, 2005. For all tasks identified reporting requirement in this AD, under the Comments Due Date in the MRBR, the initial compliance times provisions of the Paperwork Reduction Act, start from the later of the times specified in the Office of Management and Budget (OMB) (a) We must receive comments by paragraphs (f)(1)(i) and (f)(1)(ii) of this AD, has approved the information collection November 23, 2007. and the repetitive inspections must be requirements and has assigned OMB Control Affected ADs accomplished thereafter at the interval Number 2120–0056. (b) None. specified in the MRBR, except as provided by paragraph (f)(3) of this AD. Related Information Applicability (i) The effective date of this AD. (h) Refer to MCAI Brazilian Airworthiness (c) This AD applies to all Embraer Model (ii) The date of issuance of the original Directive 2007–05–02, effective June 6, 2007, EMB–120, –120ER, –120FC, –120QC, and Brazilian standard airworthiness certificate EMBRAER Temporary Revision No. 22–1 of –120RT airplanes; certificated in any or the date of issuance of the original the EMB–120 Maintenance Review Board category. Brazilian export certificate of airworthiness. Report (MRBR), dated November 18, 2005, and Section 6, ‘‘Part D, Critical Design Note 1: This AD requires revisions to (2) Within 1 month after the effective date Configuration Control Limitations,’’ of the certain operator maintenance documents to of this AD, revise the ALS of the Instructions EMB–120 MRBR, dated March 22, 2005, for include new inspections. Compliance with for Continued Airworthiness to incorporate related information. these inspections is required by 14 CFR the CDCCLs to include items 1) and 2) of 91.403(c). For airplanes that have been Section 6—‘‘Part D—Critical Design Issued in Renton, Washington, on October previously modified, altered, or repaired in Configuration Control Limitations,’’ of the 12, 2007. EMB–120 MRBR, dated March 22, 2005. the areas addressed by these inspections, the Stephen P. Boyd, (3) For the functional checks and detailed operator may not be able to accomplish the Assistant Manager, Transport Airplane inspections described in the revisions. In this visual inspections, Tasks 15 to 18 of Section Directorate, Aircraft Certification Service. situation, to comply with 14 CFR 91.403(c), 6—‘‘Part E—Fuel Systems Limitations,’’ the operator must request approval for an Temporary Revision No. 22–1 of the EMB– [FR Doc. E7–20821 Filed 10–22–07; 8:45 am] alternative method of compliance according 120 Maintenance Review Board Report BILLING CODE 4910–13–P to paragraph (g) of this AD. The request (MRBR), dated November 18, 2005: The should include a description of changes to initial compliance time is within 4,000 flight the required inspections that will ensure the hours or 48 months after the effective date of DEPARTMENT OF TRANSPORTATION continued operational safety of the airplane. this AD, whichever occurs first. Thereafter The FAA has provided guidance for this those tasks must be accomplished at the Federal Aviation Administration determination in Advisory Circular (AC) 25– repetitive interval specified in ‘‘Part E—Fuel 1529–1. Systems Limitations,’’ Temporary Revision 14 CFR Part 39 No. 22–1 of the EMB–120 Maintenance Subject Review Board Report (MRBR), dated (d) Air Transport Association (ATA) of November 18, 2005. [Docket No. FAA–2007–0074; Directorate America Code 28: Fuel. (4) Except as provided by paragraph (g) of Identifier 2007–NM–151–AD] this AD: After accomplishing the actions Reason specified in paragraphs (f)(1) and (f)(2) of this RIN 2120–AA64 (e) The mandatory continuing AD, no alternative inspection, inspection airworthiness information (MCAI) states: intervals, or CDCCLs may be used. Airworthiness Directives; McDonnell Douglas Model MD–90–30 Airplanes It has been found that former revisions of FAA AD Differences the Maintenance Review Board Report (MRBR) of the EMB–120( ) aircraft do not Note 2: This AD differs from the MCAI AGENCY: Federal Aviation fully comply with some Critical Design and/or service information as follows: No Administration (FAA), Department of Configuration Control Limitations (CDCCL) differences. Transportation (DOT).

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ACTION: Notice of proposed rulemaking available in the AD docket shortly after modifications to those airplanes. It (NPRM). receipt. requires them to perform design reviews FOR FURTHER INFORMATION CONTACT: and to develop design changes and SUMMARY: The FAA proposes to adopt a Cheyenne Del Carmen, Aerospace maintenance procedures if their designs new airworthiness directive (AD) for Engineer, Cabin Safety/Mechanical and do not meet the new fuel tank safety certain McDonnell Douglas Model MD– Environmental Systems Branch, ANM– standards. As explained in the preamble 90–30 airplanes. This proposed AD 150L, FAA, Los Angeles Aircraft to the rule, we intended to adopt would require replacement of the wire Certification Office, 3960 Paramount airworthiness directives to mandate any harness of the auxiliary hydraulic pump Boulevard, Lakewood, California changes found necessary to address with a new wire harness, and routing 90712–4137; telephone (562) 627–5338; unsafe conditions identified as a result the new wire harness outside of the tire fax (562) 627–5210. of these reviews. burst area. This proposed AD results SUPPLEMENTARY INFORMATION: In evaluating these design reviews, we from fuel system reviews conducted by have established four criteria intended the manufacturer, as well as reports of Comments Invited to define the unsafe conditions shorted wires in the right wheel well We invite you to send any written associated with fuel tank systems that and evidence of arcing on the power require corrective actions. The cables of the auxiliary hydraulic pump. relevant data, views, or arguments about this proposed AD. Send your comments percentage of operating time during We are proposing this AD to prevent which fuel tanks are exposed to shorted wires or electrical arcing at the to an address listed under the ADDRESSES section. Include ‘‘Docket No. flammable conditions is one of these auxiliary hydraulic pump, which could criteria. The other three criteria address result in a fire in the wheel well. We are FAA–2007–0074; Directorate Identifier 2007–NM–151–AD’’ at the beginning of the failure types under evaluation: also proposing this AD to reduce the Single failures, single failures in potential of an ignition source adjacent your comments. We specifically invite comments on the overall regulatory, combination with a latent condition(s), to the fuel tanks, which, in combination and in-service failure experience. For all with flammable fuel vapors, could result economic, environmental, and energy aspects of this proposed AD. We will four criteria, the evaluations included in a fuel tank explosion and consequent consideration of previous actions taken loss of the airplane. consider all comments received by the closing date and may amend this that may mitigate the need for further DATES: We must receive comments on proposed AD because of those action. this proposed AD by December 7, 2007. comments. We have determined that the actions ADDRESSES: You may send comments by We will post all comments we identified in this AD are necessary to any of the following methods: receive, without change, to http:// reduce the potential of ignition sources • Federal eRulemaking Portal: Go to www.regulations.gov, including any inside fuel tanks, which, in combination http://www.regulations.gov. Follow the personal information you provide. We with flammable fuel vapors, could result instructions for submitting comments. will also post a report summarizing each in fuel tank explosions and consequent • Fax: 202–493–2251. substantive verbal contact we receive loss of the airplane. • Mail: U.S. Department of about this proposed AD. We have received three reports Transportation, Docket Operations, M– indicating that operators found shorted Discussion 30, West Building Ground Floor, Room wires in the right wheel well and W12–140, 1200 New Jersey Avenue SE., The FAA has examined the evidence of arcing on the power cables Washington, DC 20590. underlying safety issues involved in fuel of the auxiliary hydraulic pump, on • Hand Delivery: U.S. Department of tank explosions on several large three McDonnell Douglas Model DC–9– Transportation, Docket Operations, M– transport airplanes, including the 82 (MD–82) airplanes. One incident 30, West Building Ground Floor, Room adequacy of existing regulations, the resulted in a fire in the wheel well. W12–140, 1200 New Jersey Avenue SE., service history of airplanes subject to Investigation revealed that damage to Washington, DC 20590, between 9 a.m. those regulations, and existing the power cables was caused by and 5 p.m., Monday through Friday, maintenance practices for fuel tank structural chafing. In addition, SFAR 88 except Federal holidays. systems. As a result of those findings, analysis determined that extra For service information identified in we issued a regulation titled ‘‘Transport protection is required on the wire this AD, contact Boeing Commercial Airplane Fuel Tank System Design harness of the auxiliary hydraulic pump Airplanes, Long Beach Division, 3855 Review, Flammability Reduction and where it comes in close proximity to the Lakewood Boulevard, Long Beach, Maintenance and Inspection center fuel tank; Model MD–90–30 California 90846, Attention: Data and Requirements’’ (66 FR 23086, May 7, airplanes have a similar installation. Service Management, Dept. C1–L5A 2001). In addition to new airworthiness Boeing analysis also determined that the (D800–0024). standards for transport airplanes and existing wire harness of the auxiliary new maintenance requirements, this hydraulic pump for Model MD–90–30 Examining the AD Docket rule included Special Federal Aviation airplanes is routed within the ‘‘tire You may examine the AD docket on Regulation No. 88 (‘‘SFAR 88,’’ burst’’ area. Installing a new and longer the Internet at http:// Amendment 21–78, and subsequent wire harness for the auxiliary hydraulic www.regulations.gov; or in person at the Amendments 21–82 and 21–83). pump and routing it outside of the tire Docket Management Facility between 9 Among other actions, SFAR 88 burst area will minimize the possibility a.m. and 5 p.m., Monday through requires certain type design (i.e., type of chafing and wire arcing damage. Friday, except Federal holidays. The AD certificate (TC) and supplemental type Shorted wires or electrical arcing at the docket contains this proposed AD, the certificate (STC)) holders to substantiate auxiliary hydraulic pump, if not regulatory evaluation, any comments that their fuel tank systems can prevent corrected, could result in a fire in the received, and other information. The ignition sources in the fuel tanks. This wheel well. A potential ignition source street address for the Docket Office requirement applies to type design adjacent to the fuel tanks, if not (telephone 800–647–5527) is in the holders for large turbine-powered corrected, in combination with ADDRESSES section. Comments will be transport airplanes and for subsequent flammable fuel vapors could result in a

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fuel tank explosion and consequent loss that is likely to exist or develop on Service Bulletin MD90–29A021, dated May of the airplane. products identified in this rulemaking 15, 2007. The installation of the auxiliary action. Unsafe Condition hydraulic pump wire harness on Model Regulatory Findings (d) This AD results from fuel system DC–9–82 (MD–82) airplanes is similar to reviews conducted by the manufacturer, as that on the affected Model MD–90–30 We have determined that this well as reports of shorted wires in the right airplanes. Therefore, all of these models proposed AD would not have federalism wheel well and evidence of arcing on the are subject to the same unsafe condition. implications under Executive Order power cables of the auxiliary hydraulic 13132. This proposed AD would not pump. We are issuing this AD to prevent Relevant Service Information have a substantial direct effect on the shorted wires or electrical arcing at the We have reviewed Boeing Alert States, on the relationship between the auxiliary hydraulic pump, which could Service Bulletin MD90–29A021, dated national Government and the States, or result in a fire in the wheel well. We are also May 15, 2007. The service bulletin on the distribution of power and issuing this AD to reduce the potential of an ignition source adjacent to the fuel tanks, describes procedures for replacing the responsibilities among the various which, in combination with flammable fuel wire harness of the auxiliary hydraulic levels of government. vapors, could result in a fuel tank explosion pump with a new wire harness, and For the reasons discussed above, I and consequent loss of the airplane. routing the new wire harness outside of certify that the proposed regulation: the tire burst area. Accomplishing the 1. Is not a ‘‘significant regulatory Compliance actions specified in the service action’’ under Executive Order 12866; (e) You are responsible for having the information is intended to adequately 2. Is not a ‘‘significant rule’’ under the actions required by this AD performed within address the unsafe condition. DOT Regulatory Policies and Procedures the compliance times specified, unless the (44 FR 11034, February 26, 1979); and actions have already been done. FAA’s Determination and Requirements 3. Will not have a significant Replacement of the Proposed AD economic impact, positive or negative, (f) Within 18 months after the effective We have evaluated all pertinent on a substantial number of small entities date of this AD, replace the wire harness of information and identified an unsafe under the criteria of the Regulatory the auxiliary hydraulic pump with a new condition that is likely to exist or Flexibility Act. wire harness and route the new wire harness develop on other airplanes of this same We prepared a regulatory evaluation outside of the tire burst area, in accordance type design. For this reason, we are of the estimated costs to comply with with the Accomplishment Instructions of this proposed AD and placed it in the Boeing Alert Service Bulletin MD90–29A021, proposing this AD, which would require dated May 15, 2007. accomplishing the actions specified in AD docket. See the ADDRESSES section the service information described for a location to examine the regulatory Alternative Methods of Compliance previously. evaluation. (AMOCs) (g)(1) The Manager, Los Angeles Aircraft Costs of Compliance List of Subjects in 14 CFR Part 39 Certification Office, FAA, has the authority to There are about 110 airplanes of the Air transportation, Aircraft, Aviation approve AMOCs for this AD, if requested in affected design in the worldwide fleet. safety, Safety. accordance with the procedures found in 14 This proposed AD would affect about 16 CFR 39.19. The Proposed Amendment (2) To request a different method of airplanes of U.S. registry. The proposed Accordingly, under the authority compliance or a different compliance time actions would take about 7 work hours for this AD, follow the procedures in 14 CFR per airplane, at an average labor rate of delegated to me by the Administrator, 39.19. Before using any approved AMOC on $80 per work hour. Required parts the FAA proposes to amend 14 CFR part any airplane to which the AMOC applies, would cost about $3,997 per airplane. 39 as follows: notify your appropriate principal inspector Based on these figures, the estimated (PI) in the FAA Flight Standards District cost of the proposed AD for U.S. PART 39—AIRWORTHINESS Office (FSDO), or lacking a PI, your local operators is $72,912, or $4,557 per DIRECTIVES FSDO. airplane. 1. The authority citation for part 39 Issued in Renton, Washington, on October continues to read as follows: 12, 2007. Authority for This Rulemaking Stephen P. Boyd, Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code Assistant Manager, Transport Airplane specifies the FAA’s authority to issue § 39.13 [Amended] Directorate, Aircraft Certification Service. rules on aviation safety. Subtitle I, 2. The Federal Aviation [FR Doc. E7–20823 Filed 10–22–07; 8:45 am] Section 106, describes the authority of Administration (FAA) amends § 39.13 BILLING CODE 4910–13–P the FAA Administrator. Subtitle VII, by adding the following new Aviation Programs, describes in more airworthiness directive (AD): detail the scope of the Agency’s DEPARTMENT OF TRANSPORTATION authority. McDonnell Douglas: Docket No. FAA–2007– We are issuing this rulemaking under 0074; Directorate Identifier 2007–NM– Federal Aviation Administration 151–AD. the authority described in Subtitle VII, Part A, Subpart III, Section 44701, Comments Due Date 14 CFR Part 73 ‘‘General requirements.’’ Under that (a) The FAA must receive comments on [Docket No. FAA–2007–28632; Airspace section, Congress charges the FAA with this AD action by December 7, 2007. Docket No. 07–ASW–3] promoting safe flight of civil aircraft in Affected ADs air commerce by prescribing regulations RIN 2120–AA66 (b) None. for practices, methods, and procedures Proposed Modification of Restricted the Administrator finds necessary for Applicability Area 3404; Crane, IN safety in air commerce. This regulation (c) This AD applies to McDonnell Douglas is within the scope of that authority Model MD–90–30 airplanes, certificated in AGENCY: Federal Aviation because it addresses an unsafe condition any category; as identified in Boeing Alert Administration (FAA), DOT.

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ACTION: Notice of proposed rulemaking comments will be considered before Crane, IN’’ to ‘‘U.S. Navy, Crane (NPRM). taking action on the proposed rule. The Division, Naval Surface Warfare Center proposal contained in this action may tenant of NSA Crane.’’ SUMMARY: This action proposes to be changed in light of comments Section 73.34 of Title 14 CFR part 73 modify Restricted Area 3404 (R–3404) at received. All comments submitted will was republished in FAA Order 7400.8N, Crane, IN. The United States (U.S.) Navy be available for examination in the effective February 16, 2007. requests that the FAA take action to public docket both before and after the The FAA has determined that this modify R–3404 for the protection of closing date for comments. A report nonparticipating aircraft from fragments proposed regulation only involves an summarizing each substantive public established body of technical generated during the disposal of a contact with FAA personnel concerned variety of types of ordnance. regulations for which frequent and with this rulemaking will be filed in the routine amendments are necessary to DATES: Comments must be received on docket. keep them operationally current. or before December 7, 2007. Availability of NPRM’s Therefore, this proposed regulation: (1) ADDRESSES: Send comments on this Is not a ‘‘significant regulatory action’’ proposal to the U.S. Department of An electronic copy of this document under Executive Order 12866; (2) is not Transportation, Docket Operations, M– may be downloaded through the a ‘‘significant rule’’ under Department of 30, 1200 New Jersey Avenue, SE., West Internet at http://www.regulations.gov. Transportation (DOT) Regulatory Building Ground Floor, Room W12–140, Recently published rulemaking Policies and Procedures (44 FR 11034; Washington, DC 20590–0001; telephone: documents can also be accessed through February 26, 1979); and (3) does not (202) 366–9826. You must identify FAA the FAA’s Web page at http:// warrant preparation of a regulatory Docket No. FAA–2007–28632 and www.faa.gov or the Federal Register’s evaluation as the anticipated impact is Airspace Docket No. 07–ASW–3, at the Web page at http://www.gpoaccess.gov/ so minimal. Since this is a routine beginning of your comments. You may fr/index.html. matter that will only affect air traffic also submit comments through the You may review the public docket procedures and air navigation, it is Internet at http://www.regulations.gov. containing the proposal, any comments certified that this proposed rule, when received and any final disposition in FOR FURTHER INFORMATION CONTACT: promulgated, will not have a significant person at the Docket Management Steve Rohring, Airspace and Rules economic impact on a substantial Facility (see ADDRESSES section for Group, Office of System Operations number of small entities under the address and phone number) between 9 Airspace and AIM, Federal Aviation criteria of the Regulatory Flexibility Act. Administration, 800 Independence a.m. and 5 p.m., Monday through The FAA’s authority to issue rules Avenue, SW., Washington, DC 20591; Friday, except Federal holidays. An regarding aviation safety is found in telephone: (202) 267–8783. informal docket may also be examined Title 49 of the United States Code. during normal business hours at the SUPPLEMENTARY INFORMATION: Subtitle I, Section 106 describes the office of the Central Service Center, authority of the FAA Administrator. Comments Invited Federal Aviation Administration, 2601 Subtitle VII, Aviation Programs, Interested parties are invited to Meacham Blvd; Fort Worth, TX 76193– describes in more detail the scope of the participate in this proposed rulemaking 0500. by submitting such written data, views, Persons interested in being placed on agency’s authority. or arguments as they may desire. a mailing list for future NPRM’s should This rulemaking is promulgated Comments that provide the factual basis contact the FAA’s Office of Rulemaking, under the authority described in supporting the views and suggestions (202) 267–9677, for a copy of Advisory Subtitle VII, Part A, Subpart I, Section presented are particularly helpful in Circular No. 11–2A, Notice of Proposed 40103. Under that section, the FAA is developing reasoned regulatory Rulemaking Distribution System, which charged with prescribing regulations to decisions on the proposal. Comments describes the application procedure. assign the use of the airspace necessary are specifically invited on the overall to ensure the safety of aircraft and the History regulatory, aeronautical, economic, efficient use of airspace. This regulation environmental, and energy-related On January 31, 2007, the U.S. Navy is within the scope of that authority as aspects of the proposal. requested that the FAA take action to it would modify R–3404, Crane, IN., for Communications should identify both modify R–3404. The requested action is the protection of nonparticipating docket numbers (FAA Docket No. FAA– needed to provide additional airspace to aircraft during the disposal of a variety 2007–28632 and Airspace Docket No. protect nonparticipating aircraft from of types of ordnance. 07–ASW–3) and be submitted in blast fragments generated during the Environmental Review triplicate to the Docket Management disposal of a variety of types of Facility (see ADDRESSES section for ordnance at the Naval Support Activity This proposal will be subjected to an address and phone number). You may Crane’s (NSA Crane) Demolition Range. environmental analysis in accordance also submit comments through the with FAA Order 1050.1E, The Proposal Internet at http://www.regulations.gov. ‘‘Environmental Impacts: Policies and Commenters wishing the FAA to At the request of the U.S. Navy, the Procedures,’’ prior to any FAA final acknowledge receipt of their comments FAA is proposing an amendment to regulatory action. on this action must submit with those Title 14 Code of Federal Regulations (14 List of Subjects in 14 CFR Part 73 comments a self-addressed, stamped CFR) part 73 to modify R–3404. The postcard on which the following modification would better center the Airspace, Prohibited areas, Restricted statement is made: ‘‘Comments to FAA restricted area over NSA Crane’s blast areas. area, enlarge the restricted area from a Docket No. FAA–2007–28632 and The Proposed Amendment Airspace Docket No. 07–ASW–3.’’ The 1/2–nm radius to a 1–nm radius, postcard will be date/time stamped and increase the ceiling from 2,500 feet MSL In consideration of the foregoing, the returned to the commenter. to 4,100 feet MSL, and change the name Federal Aviation Administration All communications received on or of the using agency from ‘‘Commanding proposes to amend 14 CFR part 73 as before the specified closing date for Officer, Naval Ammunition Depot, follows:

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PART 73—SPECIAL USE AIRSPACE current framework of policies regarding special accommodations due to a salt and sodium and to solicit disability: Juanita Yates, Center for 1. The authority citation for part 73 information and comments from Food Safety and Applied Nutrition, continues to read as follows: interested persons on this current Food and Drug Administration, Authority: 49 U.S.C. 106(g), 40103, 40113, framework and on potential future 301–436–1731, e-mail: 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– approaches, including approaches [email protected]. 1963 Comp., p. 389. described in the citizen petition. SUPPLEMENTARY INFORMATION: § 73.34 [Amended] DATES: The public hearing will be held I. Background 2. § 73.34 is amended as follows: on November 29, 2007, from 9 a.m. to 4:30 p.m. Registration begins on October A. Salt * * * * * 22, 2007. See section V of this document 1. Salt in the Human Diet R–3404—Crane, IN [Revised] for other dates associated with participation in the hearing. Submit Salt (sodium chloride) is an essential Boundaries. That airspace within a 1 NM written or electronic comments (i.e., radius of lat. 38°49′30″ N., long. 86°50′08″ W. part of the diet. Both the sodium and Designated altitudes. Surface to and submissions other than notices of chloride ions are required, for example, including 4,100 feet MSL. participation and written material to maintain extracellular volume and Times of Designation. Sunrise to sunset, associated with an oral presentation) by serum osmolality (Ref. 1). Salt is found daily from May 1 through and including March 28, 2008. The administrative naturally in foods such as milk and November 1. Other times by NOTAM 24 record of the hearing will remain open shellfish (Ref. 1). Salt also is added hours in advance. until March 28, 2008. intentionally as a food ingredient for Controlling Agency. FAA, Terre Haute ADDRESSES: Public hearing. The public multiple technical effects in foods, e.g., ATCT. hearing will be held at the Harvey W. Using Agency. U.S. Navy, Crane Division, as a seasoning agent and flavor Naval Surface Warfare Center tenant of NSA Wiley Federal Building, Food and Drug enhancer, a preservative and curing Crane Administration, Center for Food Safety agent, a formulating and processing aid, and Applied Nutrition, 5100 Paint and a dough conditioner (47 FR 26590, * * * * * Branch Pkwy., College Park, MD, June 18, 1982 (the 1982 policy notice)). Issued in Washington, DC, October 16, 20740–3835 (Metro stop: College Park The Dietary Guidelines for 2007. on the Green Line). Americans, 2005 (Dietary Guidelines) Paul Gallant, Registration. Submit electronic (Ref. 2), a joint publication of the Acting Manager, Airspace and Rules Group. notices of participation for the hearing Department of Health and Human to http://www.cfsan.fda.gov/ [FR Doc. E7–20795 Filed 10–22–07; 8:45 am] Services and the U.S. Department of register.html. We encourage you to use BILLING CODE 4910–13–P Agriculture (USDA), forms the basis for this method of registration, if possible. the Federal Government’s nutrition Submit written notices of participation programs and policies. Chapter 8 of the by mail, fax, or e-mail to Isabelle Howes, Dietary Guidelines reports that, on DEPARTMENT OF HEALTH AND U.S. Department of Agriculture HUMAN SERVICES average, the natural salt content of food Graduate School, 600 Maryland Ave., accounts for only about 10 percent of Food and Drug Administration SW, suite 270, Washington, DC 20024– total intake, while discretionary salt use 2520, FAX: 202–479–6801, or e-mail: (i.e., salt added at the table or while _ 21 CFR Part 15 Isabelle [email protected]. You cooking) provides another 5 to 10 may also submit oral notices of percent of total intake. Chapter 8 of the [Docket No. 2005P–0450] participation by phone to Isabelle Dietary Guidelines also reports that Howes, U.S. Department of Agriculture approximately 75 percent of total salt Salt and Sodium; Petition to Revise the Graduate School (see FOR FURTHER intake is derived from salt added to Regulatory Status of Salt and Establish INFORMATION CONTACT). processed food by manufacturers. Food Labeling Requirements Written material associated with an Regarding Salt and Sodium; Public oral presentation. Submit written 2. Adverse Health Effects of Salt Hearing; Request for Comments material associated with an oral Excessive sodium has been cited by AGENCY: Food and Drug Administration, presentation by mail, fax or e-mail to the scientific community as a HHS. Isabelle Howes. contributory factor in the development Comments. Submit written comments ACTION: Notice of public hearing; notice of hypertension and cardiovascular to the Division of Dockets Management of availability of citizen petition; request disease (47 FR 26580). In general, there (HFA–305), Food and Drug for comments. is a dose-dependent relationship Administration, 5630 Fishers Lane, rm. between sodium intake and blood SUMMARY: The Food and Drug 1061, Rockville, MD 20852. Submit pressure that has been observed to occur Administration (FDA) is announcing a electronic comments to http:// throughout the range of levels of sodium public hearing concerning FDA’s www.fda.gov/dockets/ecomments. For intake (Ref. 1). Blood pressures among policies regarding salt (sodium chloride) additional information on submitting individuals in certain populations (e.g., and sodium in food. FDA also is comments, see section VI in this persons with hypertension, diabetes, announcing the availability for document. kidney disease, older persons, and comment of a citizen petition, submitted FOR FURTHER INFORMATION CONTACT: African Americans) are more responsive by the Center for Science in the Public For questions about registration or to dietary sodium than blood pressures Interest (CSPI), requesting that FDA written material associated with an among the general population (Ref. 1). make changes to the regulatory status of oral presentation, or to register The Dietary Guidelines recommend that salt, require limits on salt in processed orally: Isabelle Howes, 202–314– the general population consume no foods, and require health messages 4713. more than 2,300 milligrams/day (mg/d) related to salt and sodium. The purpose For all other questions about the and that persons with hypertension, of the hearing is for FDA to share its hearing or if you need parking or blacks, and middle-aged and older

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adults consume no more than 1,500 mg/ In the early 1970s, FDA announced recognized that there are many variables d (Ref. 2). that the agency was conducting a and uncertainties in determining an comprehensive study of substances individual’s healthy salt intake. 3. Regulatory Status of Salt (1959–1982) presumed to be GRAS (35 FR 18623, However, the FASEB report also raised The definition of ‘‘food additive’’ in December 8, 1970; and 36 FR 20546; concerns about salt consumption levels section 201(s) of the Federal Food, Drug, October 23, 1971). FDA also issued and concluded that: and Cosmetic Act (the act) (21 U.S.C. several regulations regarding GRAS ‘‘The evidence on sodium chloride is 321(s)) is a multistep definition that first substances and procedures associated insufficient to determine that the adverse broadly includes any substance, the with its comprehensive review of GRAS effects reported are not deleterious to the intended use of which results or may substances. These regulations are health of a significant proportion of the reasonably be expected to result, currently in part 170 (21 CFR part 170) public when it is used at levels that are now current and in the manner now practiced.’’ directly or indirectly, in its becoming a and include: (1) Criteria that could be The FASEB report recommended the component or otherwise affecting the used to establish whether substances development of guidelines for characteristics of food. However, the presumed to be GRAS should be listed restricting the amount of salt in definition then excludes substances that as GRAS, become the subject of a food processed foods and adequate labeling are generally recognized, among experts additive regulation, or be listed in an of the salt content of foods. qualified by scientific training and interim food additive regulation In the 1982 policy notice, FDA experience to evaluate their safety as pending completion of additional encouraged food manufacturers to having been adequately shown through studies (§ 170.30) (36 FR 12093, June 25, reduce voluntarily the amount of added scientific procedures (or, in the case of 1971); (2) procedures that the agency salt and other sodium-containing a substance used in food prior to could use, on its own initiative, to substances in processed foods and January 1, 1958, through either affirm the GRAS status of substances requested comment on this approach. scientific procedures or through that were the subject of its FDA also announced its tentative experience based on common use in comprehensive review and were found decision to defer any revision in the food) to be safe under the conditions of to satisfy the established criteria regulatory status of salt until the agency their intended use. The definition also (§ 170.35(a) and (b)) (37 FR 25705, could assess the impact in light of excludes certain other substances from December 2, 1972); and (3) the general proposed sodium labeling regulations the definition of food additive. In process that the agency would use to that would respond to health concerns particular, under section 201(s)(4) of the review ingredients included in the about the levels of use of salt in the food act, any substance used in accordance original GRAS list (§ 170.30(e)) (41 FR supply. We discuss the proposed with a sanction or approval granted 53600, December 7, 1976). Under labeling regulations in section I.A.5 of prior to September 6, 1958, under the § 170.30(e): this document. ‘‘[f]ood ingredients were listed as GRAS [in act, the Poultry Products Inspection Act In the 1982 policy notice, FDA (21 U.S.C. 451 et seq.) or the Federal 21 CFR part 182] during 1958–1962 without a detailed scientific review of all available described evidence that some uses of Meat Inspection Act (21 U.S.C. 601 et salt were granted sanction or approval seq.) is excluded from the definition of data and information relating to their safety. Beginning in 1969, [FDA] has undertaken a prior to September 6, 1958, and food additive. Under the act, substances systematic review of the status of all therefore would be excluded from the that are not food additives are not ingredients used in food on the definition of a food additive under subject to the requirements in section determination that they are GRAS or subject section 201(s)(4) of the act (47 FR to a prior sanction. All determinations of 409 of the act (21 U.S.C. 348) for 26590). In part, this evidence relates to premarket review. Prior-sanctioned GRAS status or food additive status or prior sanction status pursuant to this review shall the inclusion of salt as an ingredient in substances remain subject, however, to several food standards issued before the general adulteration provisions in be handled pursuant to [21 CFR 170.35, 170.38, and 180.1] * * *’’ September 6, 1958. We discuss food section 402 of the act (21 U.S.C. 342). As part of FDA’s approach to the standards in section I.A.4 of this These provisions prohibit, among other comprehensive review of GRAS document. things, the use of added deleterious substances, FDA contracted with the substances that ‘‘may render [the food] Federation of American Societies for 4. Food standards injurious to health.’’ Experimental Biology (FASEB) for a Section 401 of the act (21 U.S.C. 341) In the Federal Register of November committee of scientific experts to gives FDA the authority to issue 20, 1959 (24 FR 9368), FDA clarified the summarize the available scientific regulations fixing and establishing food regulatory status of a multitude of food literature regarding substances standards, whenever it is the judgment substances that were used in food prior presumed to be GRAS, including salt. of the Secretary of Health and Human to 1958 and amended its regulations to FASEB provided FDA with a tentative Services that such action will promote include an initial list of food substances report containing its findings and honesty and fair dealing in the interest that, when used for the purposes recommendations, held public hearings of consumers. Food standards are indicated and in accordance with to provide an opportunity for interested established to define the basic nature, current good manufacturing practice, persons to submit additional and describe the essential are generally recognized as safe (GRAS). information and to express their views characteristics, of a food consistent with This initial list (the ‘‘GRAS list’’) is about the tentative report, and then consumer beliefs and expectations, and currently published in part 182 (21 CFR submitted a final report (47 FR 26590). to establish its common or usual name. part 182). Section 182.1(a) provides in In the 1982 policy notice, FDA The process to amend existing standards part: described the uses of salt in food, requires either notice and comment ‘‘[I]t is impracticable to list all substances reviewed the statutory framework for rulemaking or formal rulemaking, that are generally recognized as safe for their intended use. However, by way of food ingredients, and described its depending on the specific standard. illustration, the Commissioner regards such comprehensive review of GRAS Among other things, food standards common food ingredients as salt, pepper, substances. FDA also discussed the establish the name of the food and the vinegar, baking powder, and monosodium findings and conclusions in FASEB’s ingredients that are mandatory (i.e., glutamate as safe for their intended use.’’ final report on salt. The FASEB report required ingredients) or permitted (i.e.,

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optional ingredients) in the manufacture may deviate from this requirement for limits for sodium in processed foods of the food. Foods that are marketed the specific purpose of making the food and reclassify salt as a food additive. In under the standardized name must eligible for the ‘‘unsalted’’ claim in a letter dated August 18, 1982 (Ref. 3), conform to all the requirements of the accordance with the provisions of FDA denied the petition, stating that the relevant standard(s) of identity. § 101.61(c)(2). Similarly, other agency had decided to leave salt in part Conversely, foods that do not meet the standardized foods can be modified to 182. In 1984, CSPI sought review of requirements of the relevant standard(s) eliminate or reduce the sodium content FDA’s actions in the United States of identity cannot be marketed under of the food to manufacture sodium-free District Court of the District of the standardized name. Rather, such or lower sodium versions of the Columbia. (See Center for Science in the foods must be named using descriptors standardized food, such as ‘‘low sodium Pub. Interest v. Novitch, Food, Drug, that accurately and adequately describe bread’’ or ‘‘salt free cottage cheese.’’ and Cosm. L. Rep. (CCH) 38,275 (No. the food and that sufficiently 83–801) (D.D.C. June 11, 1984)). CSPI 5. Sodium Labeling distinguish it from the standardized argued that FDA’s denial of its petition food. Examples of foods subject to In 1984, as a followup to the 1982 was arbitrary and capricious because it standards of identity include cheeses policy notice, FDA established in violated FDA’s procedures for reviewing and related cheese products (part 133 § 101.13 definitions for terms related to substances on the initial GRAS list. (21 CFR part 133)); bakery products sodium content, e.g., ‘‘sodium free,’’ CSPI also argued that FDA’s decision to (part 136 (21 CFR part 136)); and cereal ‘‘low sodium,’’ and ‘‘no added salt’’ and defer any change to the GRAS status of flours and related products (part 137 (21 required that information about sodium salt constituted unreasonable delay in CFR part 137)). be included with other nutritional violation of the Administrative Salt is a required or optional information wherever it appears on food Procedures Act (5 U.S.C. 706(1)). The ingredient in many standardized foods. labels (49 FR 15510, April 18, 1984). district court concluded that FDA’s For example, salt is a required FDA later revised and redesignated decision was consistent with its ingredient in ‘‘self rising flour’’ § 101.13 as nutrient content regulations regulations and the act and rejected the (§ 137.180), ‘‘self rising white corn at §§ 101.56 (21 CFR 101.56) (Nutrient argument that FDA had unreasonably meal,’’ (§ 137.270) and ‘‘cheddar content claims for ‘‘light’’ and ‘‘lite’’) delayed reconsideration of the GRAS cheese’’ (§ 133.113). In addition, salt is and 101.61 (Nutrient content claims for status of salt. CSPI did not appeal. an optional ingredient in bakery the sodium content of food) (58 FR 2302 In 2005, CSPI sought a writ of products such as ‘‘bread, rolls and at 2414 and 2417; January 6, 1993) in mandamus, in the United States Court buns’’ (§ 136.110) and ‘‘dry curd cottage response to the Nutrition Labeling and of Appeals for the District of Columbia, cheese’’ (§ 133.129). However, such Education Act of 1990 (NLEA). Section compelling FDA to publish in the standardized foods do not require a 101.61 addresses the use of terms such Federal Register a proposed rule either specific amount of salt and, thus, there as ‘‘sodium free,’’ ‘‘low sodium,’’ affirming or denying the GRAS status of is flexibility for food companies to ‘‘reduced sodium,’’ and ‘‘no added salt’’ salt and providing an opportunity for lower salt concentrations by adjusting (58 FR 2302 at 2417) and § 101.56 comment on the proposal. The court their formulations regarding the amount addresses the use of the terms ‘‘light’’ dismissed CSPI’s petition for lack of of salt added in the preparation of these and ‘‘lite,’’ including the use of those jurisdiction, explaining that CSPI had standardized foods. The primary terms in relation to sodium content (58 not sought a remedy from FDA or consideration for lowering salt FR 2302 at 2414). initiated any proceeding in FDA before concentrations in standardized foods FDA also published a number of other resorting to the court. (See In re Center where it is required is to ensure that the labeling regulations in the January 6, for Science in the Public Interest, 2005 intended technical effect of the salt 1993 Federal Register in response to U.S. App. (No. 05–1057) (D.C. Cir. ingredient is accomplished. NLEA, which bears on how sodium is 2005)). The provisions in § 130.10 (21 CFR declared on the label; namely, the 130.10) allow standardized foods to agency’s revised nutrition labeling C. CSPI’s Prior Citizen Petitions deviate from certain requirements of a regulations that required nutrition Regarding Label Requirements for Salt standard of identity to make the food labeling of sodium content on virtually The 1978 CSPI citizen petition also eligible to bear a FDA-defined nutrient all processed food products requested that FDA require sodium content claim. (A ‘‘nutrient content (§ 101.9(c)(4) (21 CFR 101.9(c)(4))) (58 content labeling on packaged foods and claim’’ (defined in section 403(r)(1)(A) FR 2079 at 2176) and established a require a special symbol on the labels of of the act (21 U.S.C. 343(r)(1)(A))) is a reference value or ‘‘Daily Value’’ (DV) high-sodium foods. FDA denied the claim that characterizes the level of a for sodium (§ 101.9(c)(9)) (58 FR 2206 at petition in a letter dated August 18, nutrient in a food. We have established 2227), and the agency’s new regulation 1982 (Ref. 3). In that denial letter, FDA regulations implementing section (§ 101.74 (21 CFR 101.74)) establishing considered that mandatory labeling for 403(r)(1)(A) of the act with respect to a health claim regarding low sodium all processed foods was not justified and nutrient content claims (§ 101.13 (21 diets and reduced risk of hypertension noted that the 1982 sodium labeling CFR 101.13 and subpart D)).) Under (58 FR 2820). FDA subsequently proposed rule would affect § 130.10, the levels of sodium or salt in established regulations (§ 101.65 (21 approximately one third of all processed standardized foods can be altered to CFR 101.65)) requiring that foods food at that time. In addition, FDA make the food eligible to bear a FDA- labeled as ‘‘healthy’’ contain less than considered a decision regarding special defined sodium- or salt-related claim specified amounts of certain food symbols for sodium-containing products such as ‘‘sodium free,’’ ‘‘low sodium,’’ components, including sodium (59 FR to be premature because FDA was ‘‘reduced sodium,’’ ‘‘salt free,’’ and 24232, May 10, 1994; amended at 70 FR researching the utility of such symbols ‘‘unsalted’’ (See § 101.61 (21 CFR 56828, September 29, 2005). and vignettes. 101.61)). For example, although the In 1981, CSPI submitted a citizen standard of identity for ‘‘self rising B. CSPI’s Prior Challenges to the GRAS petition requesting that FDA require flour’’ in § 137.180 requires the addition Status of Salt warning labels on packages of salt of salt in the manufacture of a food In 1978, CSPI submitted a citizen weighing half an ounce or more. FDA named ‘‘self rising flour,’’ manufacturers petition requesting that FDA establish denied that petition in a letter dated

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October 7, 1982 (Ref. 4). In that denial the Continuing Survey of Food Intakes additional information before a final letter, FDA considered an isolated of Individuals)). CSPI also cites a response could be rendered (Ref. 16). warning appearing on the label of one clinical study, based on urinary sodium II. Purpose and Scope of the Hearing class of food products to be excretion, estimating an average sodium inappropriate given that many foods intake of 4,000 mg/d in the United The purpose of the hearing is for the contribute to an individual’s sodium States (Ref. 14). CSPI compares these agency to solicit comment, information intake. estimates to the current DV for sodium and discussion from interested persons (i.e., 2,400 mg/d) and to on the regulatory status of salt, and food D. Citizen Petition Submitted by CSPI in labeling requirements regarding salt and 2005 (Docket No. 2005P–0450) recommendations in the Dietary Guidelines (Ref. 2) for the general sodium, particularly with respect to the In a citizen petition dated November population (i.e., no more than 2,300 mg/ feasibility and potential effectiveness of 8, 2005, CSPI requested that the agency d) and for persons with hypertension, the regulatory actions requested in take certain regulatory actions regarding blacks, and middle-aged and older CSPI’s citizen petition. FDA is aware salt. Specifically, CSPI requested that adults (i.e., no more than 1,500 mg/d). that other organizations are in general FDA initiate rulemaking to revoke the CSPI concludes that the available data agreement with some of the GRAS status for salt, amend prior demonstrate current intake of sodium is recommendations in CSPI’s petition. For sanctions for the use of salt, require food significantly higher than the intake example, at the July 2006 annual manufacturers to reduce the amount of recommended by governmental and meeting of the American Medical sodium in all processed foods, require a scientific organizations around the Association (AMA), the AMA health message on retail packages of salt world. announced recommendations, in the one-half ounce or larger, and reduce the CSPI discusses the sources of sodium form of a report issued by the AMA’s DV for sodium from its current level of in the food supply, noting that some of Council on Science and Health, to the 2,400 mg/d to 1,500 mg/d. CSPI also the salt in the diet occurs naturally as agency echoing many of the regulatory requested that FDA take regulatory an inherent component of foods, such as actions suggested by CSPI (Ref. 17). The action to reduce the amount of sodium in milk. CSPI acknowledges that one agency is very much interested in in processed foods sold directly to reason for the increased consumption of hearing the views of other interested restaurants, e.g., by regulating salt in sodium by the U.S. population in recent parties, including the AMA. precooked French fries that are The agency also is interested in years is increased consumption of food purchased by restaurants who then add discussions regarding other potential in general. However, CSPI notes that the more salt. approaches for reducing salt intake. Dietary Guidelines estimate that 75 In its petition, CSPI acknowledges Because FDA has separate plans to issue percent of the sodium in the diet is that FDA has implemented several an advanced notice of proposed derived from processed foods. CSPI labeling requirements related to the rulemaking that would address DVs, states that regulatory action to reduce sodium content of food through the including the DV for sodium (Ref. 18), the sodium content of the diet should NLEA as well as other labeling comments regarding the DV for sodium therefore focus on these foods. CSPI provisions, but asserts that these are outside the scope of the public discusses the feasibility of reducing salt measures have not done enough to hearing announced in this document. reduce sodium consumption. levels in foods, stating that reductions The scope of this hearing is CSPI summarizes several published can be made without adversely affecting determined by this notice. FDA invites clinical and population-based studies public health or taste. CSPI also general comments on the citizen regarding the effect of sodium on blood describes the activities of the British petition (other than the requested pressure to support its view that the link government’s Food Standards Agency, actions regarding DVs) as well as between cardiovascular disease and which has introduced voluntary goals comments on the issues and questions excessive sodium intake has been for the reduction of sodium in processed listed in section III of this document. clearly defined in the scientific foods by food category (Ref. 15). community (Refs. 5 to 8). CSPI discusses Based on the health effects of salt III. Issues and Questions for Discussion the potential impact on public health of cited in its petition, CSPI asserts that The following issues and questions reductions in blood pressure, citing salt should no longer be considered will be discussed at the public hearing: published estimates that reductions in ‘‘safe.’’ As a result, CSPI argues that salt Issue 1: FDA considered revoking the blood pressure and resultant reductions should not be considered as a GRAS GRAS status of salt and declaring it to in the incidence of hypertension would food ingredient and that prior sanctions be a food additive in 1982, but rejected reduce the risk of stroke and heart for certain uses of salt should be this approach for several reasons, disease significantly, resulting in fewer revoked. including the following: (1) The agency deaths from cardiovascular disease CSPI also asserts that FDA has would have to establish a limitation for (Refs. 9 to 13). authority to require the labeling each technical effect for which salt is CSPI provides a table summarizing requested in its petition under several used in each food category, and it would various estimates of the average provisions of the act and FDA’s be extremely difficult to prescribe and consumption of sodium collected regulations in Title 21 of the Code of enforce ‘‘fair use’’ limitations for salt between 1971 and 2000. CSPI argues Federal Regulations. These include the that would be safe and effective for all that the data show that per capita misbranding provisions of section consumers (including those sodium consumption has increased 403(a) of the act (together with the hypertensive patients on severe sodium from 2,800 mg/d in the years 1976–1980 associated definition in section 201(n) restrictions) given the fact that salt has to 3,400 mg/d in the years 1999–2000. of the act and the associated regulation numerous technical functions in a wide (CSPI reports that it derived these in 21 CFR 1.21) and the premarket variety of processed foods and may estimates from dietary recall surveys approval provisions of section 409 of often be used for several different conducted by the Centers for Disease the act. technical effects in a single food and (2) Control and Prevention (i.e., the In August 2006, FDA issued a many uses of salt are prior sanctioned National Health and Nutrition tentative response to CSPI’s citizen and the agency would have to show that Examination Surveys) and USDA (i.e., petition, indicating the need for salt in food is a ‘‘poisonous or

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deleterious substance’’ for it to take encourage food manufacturers to reduce file a notice of participation (see DATES, regulatory action against a prior the salt content of foods and to provide ADDRESSES, FOR FURTHER INFORMATION sanctioned ingredient. Failing to do this, incentives to manufacturers to produce CONTACT, and section V of this the practical effect of regulating those lower sodium foods. CSPI argues that document). By delegation from the remaining uses of salt not authorized by these measures have not ultimately Commissioner (Staff Manual Guide prior sanction might be quite small and served to reduce salt intake and that 1410.21 paragraph 1.f.(5)), the Assistant the issuance and enforcement of further, more aggressive regulatory Commissioner for Policy has limitations for uses of salt would action is needed. determined under § 15.20(c) that therefore constitute an extraordinary Question 5. How would you describe advance submissions of oral regulatory burden for FDA. These facts the effectiveness of the following FDA presentations are necessary for the panel and the uncertainty about the precise regulations in reducing salt intake by to formulate useful questions to be role of salt as a basic causative factor in the public? (1) Declaration of sodium posed at the hearing under § 15.30(e), essential hypertension left unclear content in the Nutrition Facts panel and that the submission of a whether the use of salt in a particular (§ 101.9(c)); (2) sodium content claims comprehensive outline or summary is food would render that food uniformly (§§ 101.61 and 101.56); health claims an acceptable alternative to the injurious to health. Therefore, FDA (§ 101.74); and (4) ‘‘healthy’’ claims submission of the full text of the oral concluded in 1982 that informative (§ 101.65(d)(2))? How would you change presentation. For efficiency, we request labeling would be more responsive to these labeling requirements to make that individuals and organizations with the health concerns about sodium (47 them more effective? common interests consolidate their FR 26590). FDA is not aware of any Question 6. What, if any, data, such requests for oral presentation and fundamental changes to these as consumer studies, are available request time for a joint presentation considerations since it published the regarding the potential for label through a single representative. After 1982 policy notice. statements about the health effects of reviewing the notices of participation Question 1. Could a food additive salt to reduce salt intake? and accompanying information, we will regulation be constructed to prescribe Question 7. To what extent could schedule each oral presentation and limitations for uses of salt? If so, how FDA’s labeling policies provide notify each participant of the time might the regulation be constructed? incentives to manufacturers to reduce allotted to the presenter and the Question 2. Would reducing the salt the salt content of processed foods? For approximate time that the presentation content of food, even in a modest way, example, would there be an incentive to is scheduled to begin. If time permits, impact the safety or quality of various manufacturers to reduce the salt content we may allow interested persons who foods given the wide variety of technical of processed foods if FDA used attend the hearing but did not submit a functions for which salt is used in food? enforcement discretion to permit a notice of participation in advance to How feasible would it be to mitigate this claim about a reduction in salt or make an oral presentation at the impact if true? Could it be mitigated by, sodium when that claim does not satisfy conclusion of the hearing. The hearing for example, the addition of other the criteria for a defined nutrient schedule will be available at the ingredients? content claim? Would there be an hearing. Question 3. If you agree with the incentive to manufacturers to reduce the After the hearing, the schedule and a underlying premise of CSPI’s petition salt content of processed foods if FDA list of participants will be placed on file (i.e., that the sodium content of encouraged the use of health messages in the Division of Dockets Management processed foods should be reduced), but to identify products with reduced salt? (see ADDRESSES) under the docket disagree with one or more of the specific How would such incentives differ from number listed in brackets in the heading actions requested by CSPI, what other the incentives provided by currently of this notice. actions would you recommend? authorized label statements? To ensure timely handling of any Question 4. How could FDA partner mailed notices of participation, written IV. Notice of Hearing Under 21 CFR with interested stakeholders regarding material associated with presentations, Part 15 the development of appropriate or comments, any outer envelope recommendations or other information By delegation from the Commissioner should be clearly marked with the to reduce the salt content of processed of Food and Drugs (the Commissioner) docket number listed in brackets in the foods? (Staff Manual Guide 1410.21 paragraph heading of this notice along with the Issue 2: Food labeling initiatives 1.f.(5)), the Assistant Commissioner for statement ‘‘Salt and Sodium; Petition to introduced by FDA during the last 25 Policy finds that it is in the public Revise the Regulatory Status of Salt and years have been designed to provide interest to permit persons to present Establish Food Labeling Requirements consumers with more information about information and views at a public Regarding Salt and Sodium; Public the sodium content of foods. For hearing regarding the regulatory Hearing.’’ example, our regulations currently framework for salt and sodium, Under § 15.30(f), the hearing is require declarative statements on the particularly with respect to CSPI’s informal, and the rules of evidence do label about the sodium content of petition to revise the regulatory status of not apply. No participant may interrupt processed food (§ 101.9(c)(4)), define salt and establish food labeling the presentation of another participant. nutrient content claims for foods based requirements regarding salt and sodium Only the presiding officer and panel on their salt content (§§ 101.61 and and is announcing that the public members may question any person 101.56), provide for a health claim hearing will be held in accordance with during or at the conclusion of each regarding low sodium diets and reduced part 15 (21 CFR part 15). The presiding presentation. risk of hypertension (§ 101.74), and officer will be the Commissioner or his Public hearings under part 15 are stipulate maximum sodium designee. The presiding officer will be subject to FDA’s policy and procedures concentrations for foods that are to be accompanied by a panel of FDA for electronic media coverage of FDA’s labeled as ‘‘healthy’’ (§ 101.65(d)(2)). In employees with relevant expertise. public administrative proceedings (part addition to the goal of providing Persons who wish to participate in the 10 (21 CFR part 10, subpart C)). Under information to consumers, these hearing (either by making a presentation § 10.205, representatives of the labeling initiatives are also intended to or as a member of the audience) must electronic media may be permitted,

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subject to the procedures and submitted electronically, orally, or by maximum seating capacity is reached. limitations in § 10.206, to videotape, fax, mail, or e-mail (see ADDRESSES and Requests for an opportunity to make a film, or otherwise record FDA’s public FOR FURTHER INFORMATION CONTACT). We presentation from individuals or administrative proceedings, including encourage you to submit your notice of organizations that did not make such a presentations by participants. The participation electronically. A single request in advance may be granted if hearing will be transcribed as stipulated copy of any notice of participation is time permits. in § 15.30(b). For additional information sufficient. Persons who submit a notice of about transcripts, see section VII in this The notice of participation must participation in advance of the hearing document. include your name, title, business should check in at the onsite Any handicapped persons requiring affiliation (if applicable), address, registration desk between 8 a.m. and 9 special accommodations to attend the telephone number, fax number (if a.m. Persons who wish to submit a hearing should direct those needs to the available), and e-mail address (if notice of participation onsite on the day appropriate contact person (see FOR available). If you wish to request an of the hearing may do so at the FURTHER INFORMATION CONTACT). opportunity to make an oral registration desk between 8 a.m. and 9 To the extent that the conditions for presentation during the open public a.m. We encourage all participants to the hearing, as described in this notice, comment period of the hearing, your attend the entire hearing. Because the conflict with any provisions set out in notice of participation also must include hearing will be held in a Federal part 15, this notice acts as a waiver of the title of your presentation, the building, hearing participants must these provisions as specified in §§ 10.19 sponsor of the oral presentation (e.g., present photo identification and plan and 15.30(h). In particular, § 15.21(a) the organization paying travel expenses adequate time to pass through the states that the notice of hearing will or fees), if any; and the approximate security system. provide persons an opportunity to file a amount of time requested for the All submissions and comments written notice of participation with the presentation. Presentations will be received may be posted without change Division of Dockets Management within limited to the questions and subject to http://www.fda.gov/ohrms/dockets/ a specified period of time. If the public matter identified in section III of this default.htm, including any personal interest requires, e.g., if a hearing is to document and, depending on the information provided. be conducted within a short period of number of requests received, we may be time, the notice may name a specific obliged to limit the time allotted for VI. Request for Comments FDA employee and telephone number to each presentation (e.g., 5 minutes each). whom an oral notice of participation Under § 15.20(c), if you request an Interested persons may submit to the may be given. If the public interest opportunity to make an oral Division of Dockets Management (see requires, the notice may also provide for presentation you must submit your ADDRESSES) written or electronic submitting notices of participation at presentation (either as the full text of comments for consideration at or after the time of the hearing. In this the presentation, or as a comprehensive the hearing in addition to, or in place of, document, the conditions for the outline or summary). You may submit a request for an opportunity to make an hearing specify that notices of your presentation by e-mail, fax, or oral presentation (see section V of this participation be submitted mail. A single copy of your presentation document). Submit two paper copies of electronically to an agency Web site, to is sufficient. See ADDRESSES and FOR any written comments, except that a contact person who will accept notices FURTHER INFORMATION CONTACT for individuals may submit one copy. of participation by mail, telephone, fax, information on where to send your Comments are to be identified with the or e-mail, or in person on the day of the presentation. docket number found in brackets in the hearing (as space permits). In addition, Persons who wish to request an heading of this document. Received the conditions for the hearing specify opportunity to make an oral comments may be seen in the Division that written material associated with an presentation must submit a notice of of Dockets Management between 9 a.m. oral presentation be provided to a participation by November 8, 2007, and and 4 p.m., Monday through Friday. contact person who will accept it by also must submit either the full text of VII. Transcripts mail, fax, or e-mail rather than to the the oral presentation, or a Division of Dockets Management. We comprehensive outline or summary of Transcripts of the hearing will be are using these procedures to facilitate the oral presentation, by November 21, available for review at the Division of the exchange of information between 2007. All other persons wishing to Dockets Management (see ADDRESSES) participants and the agency. By attend the hearing must submit a notice and on the Internet at http:// delegation from the Commissioner (Staff of participation by November 21, 2007. www.fda.gov/ohrms/dockets Manual Guide 1410.21 paragraph Persons requiring special approximately 30 days after the hearing. 1.f.(5)), the Assistant Commissioner for accommodations due to a disability You may place orders for copies of the Policy finds under § 10.19 that no must submit a notice of participation by transcript through the Freedom of participant will be prejudiced, the ends November 21, 2007, and should inform Information Office (HFI–35), Food and of justice will thereby be served, and the the contact person of their request (see Drug Administration, 5600 Fishers action is in accordance with law if FOR FURTHER INFORMATION CONTACT). Lane, rm. 6–30, Rockville, MD 20857, at notices of participation are submitted by Persons wishing to park onsite should a cost of 10 cents per page. any of the procedures listed in this inform the contact person of their VIII. References notice. request by November 26, 2007. Individuals who request an opportunity The following references have been V. How to Participate in the Hearing to make an oral presentation will be placed on display in the Division of Registration by submission of a notice notified of the scheduled time for their Dockets Management (see ADDRESSES) of participation is necessary to ensure presentation prior to the hearing. and may be seen by interested persons participation and will be accepted on a We will also accept notices of between 9 a.m. and 4 p.m., Monday first-come, first-served basis. participation onsite on a first-come, first through Friday. (FDA has verified Web Registration begins on October 22, 2007. served basis; however, space is limited site addresses, but FDA is not The notice of participation may be and registration will be closed when the responsible for any subsequent changes

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to the Web sites after this document http://www.food.gov.uk/healthiereating/salt/ public is requested not to send publishes in the Federal Register.) saltmodel, accessed and printed on June 21, duplicate written comments via regular 1. Dietary Reference Intakes for Water, 2007.) mail. Please confine written comments Potassium, Sodium, Chloride, and Sulfate, 16. Letter from Laura M. Tarantino, to issues pertinent to the proposed rule; Chapter 6, ‘‘Sodium and Chloride’’ pp. 1, 2, Director of the Office of Food Additive Safety, FDA, to Michael F. Jacobson, June 5, explain the reasons for any 43. Food and Nutrition Board, Institute of recommended changes; and, where Medicine of the National Academies, The 2006. National Academies Press, 2004. 17. American Medical Association, Report possible, reference the specific wording 2. Department of Health and Human 10 of the Council on Science and Public being addressed. All comments, Services and Department of Agriculture, Health (A–06), Promotion of Healthy including names and addresses when Dietary Guidelines for Americans, 2005. Lifestyles I: Reducing the Population Burden provided, will be placed in the record (Available at http://www.healthierus.gov/ of Cardiovascular Disease by Reducing and will be available for public dietaryguidelines, accessed and printed on Sodium Intake, Action of the AMA House of inspection and copying. The public may June 21, 2007.) Delegates 2006 Annual Meeting, 2006. inspect comments received on this 18. Food and Drug Administration, Center 3. Letter from Joseph P. Hile, Associate proposed rule in the Office of the Commissioner for Regulatory Affairs, FDA to for Food Safety and Applied Nutrition, Michael F. Jacobson, August 18, 1982. CFSAN FY 2007 Report to Stakeholders, June Director, MGM Staff, 5th Floor, Rosslyn 4. Letter from Joesph P. Hile, Associate 2007, available at http://www.cfsan.fda.gov/ Plaza Central, 1601 North Kent Street, Commissioner for Regulatory Affairs, FDA to ~dms/cfsan607.html#fy07pp. Arlington, Virginia 22209, Monday M.F. Jacobson, B. Liebman, B. Silverglade, Dated: October 17, 2007. through Friday (except for Federal October 7, 1982. holidays) between the hours of 8:30 a.m. Jeffrey Shuren, 5. Sacks, F.M., Svetkey L.P., Vollmer W.M., and 4 p.m. Those wishing to inspect et al., ‘‘Effects on Blood Pressure of Reduced Assistant Commissioner for Policy. comments are encouraged to call ahead Dietary Sodium and the Dietary Approaches [FR Doc. 07–5216 Filed 10–19–07; 10:35 am] at (703) 605–4545 to facilitate entry into to Stop Hypertension (DASH) Diet,’’ The New BILLING CODE 4160–01–S England Journal of Medicine, 344: 3–10, the building. 2001. FOR FURTHER INFORMATION CONTACT: 6. Whelton, P.K., Appel L.J., Espeland Janine Clayton, Minerals and Geology M.A., et al. ‘‘Sodium Reduction and Weight DEPARTMENT OF AGRICULTURE Management Staff, (703) 605–4788, or Loss in the Treatment of Hypertension in electronic mail to [email protected]. Older Persons (TONE).’’ The Journal of the Forest Service American Medical Association, 279: 839– Dated: October 16, 2007. 846, 1998. 36 CFR Part 261 Gloria Manning, 7. Kumanyika, S.K., Cook N.R., Cutler J.A., Associate Deputy Chief, NFS. RIN 0596–AC38 et al. ‘‘Sodium Reduction for Hypertension [FR Doc. E7–20758 Filed 10–22–07; 8:45 am] Prevention in Overweight Adults: Further Results From the Trials of Hypertension Amend Certain Paragraphs in 36 CFR BILLING CODE 3410–11–P Prevention Phase II,’’ Journal of Human 261.2 and 261.10 To Clarify Issuing a Hypertension, 19: 33–45, 2005. Criminal Citation for Unauthorized 8. Khaw, K.T., Bingham S., Welch A., et al., Occupancy and Use of National Forest DEPARTMENT OF THE INTERIOR ‘‘Blood Pressure and Urinary Sodium in Men System Lands and Facilities by Mineral and Women: The Norfolk Cohort of the Operators Fish and Wildlife Service European Prospective Investigation Into Cancer (EPIC-Norfolk),’’ The American AGENCY: Forest Service, USDA. 50 CFR Part 17 Journal of Clinical Nutrition, 80: 1397–1403, ACTION: 2004. Proposed rule; reopening of comment period. Endangered and Threatened Wildlife 9. Cook, N.R., Cohen J., Hebert P.R., et al., and Plants; 90-Day Finding on a ‘‘Implications of Small Reductions in SUMMARY: Diastolic Blood Pressure for Primary The Forest Service is Petition To List the Summer-Run Prevention,’’ Archives of Internal Medicine, reopening the comment period for an Kokanee Population in Issaquah 155: 701–709, 1995. additional 30 days and invites written Creek, WA, as Threatened or 10. He, F.J. and MacGregor, G.A., ‘‘How Far comments on this proposed rule. The Endangered Should Salt Intake be Reduced?’’ proposed rule was published in the Hypertension, 42: 1093–1009, 2003. Federal Register on May 10, 2007 (72 AGENCY: Fish and Wildlife Service, 11. Stamler, J., Stamler R., Neaton J.D., FR 26578), and should be referenced Interior. ‘‘Blood Pressure, Systolic and Diastolic, and when preparing responses. This ACTION: Notice of 90-day petition Cardiovascular Risks,’’ Archives of Internal finding. Medicine, 153: 598–615, 1993. proposed rule would allow, if necessary, 12. Tuomilehto, J., Jousilahti P., Rastenyte a criminal citation to be issued for SUMMARY: We, the U.S. Fish and D., et al., ‘‘Urinary Sodium Excretion and unauthorized mineral operations on Wildlife Service (Service), announce a Cardiovascular Mortality in Finland: A National Forest System lands. 90-day finding on a petition to list the Prospective Study,’’ Lancet 357: 848–51, DATES: Comments on this proposed rule summer-run Issaquah Creek kokanee 2001. must be received in writing by (Oncorhynchus nerka) as threatened or 13. Havas, S., Roccella E.J., Lenfant C., November 23, 2007. ‘‘Reducing the Public Health Burden From endangered under the Endangered Elevated Blood Pressure Levels in the United ADDRESSES: Send written comments to Species Act of 1973, as amended (Act). States by Lowering Intake of Dietary Forest Service, USDA, Attn: Director, We find that the petition does not Sodium,’’ American Journal of Public Health, Minerals and Geology Management present substantial scientific or 94: 19–22, 2004. (MGM) Staff, (2810), at Mail Stop 1126, commercial information indicating that 14. Zhou, B.F., Stamler J., Dennis B., et al., Washington, DC 20250–1126; by the summer-run Issaquah Creek kokanee ‘‘Nutrient Intakes of Middle-Aged Men and electronic mail to [email protected]; may represent a distinct population Women in China, Japan, United Kingdom, or by fax to (703) 605–1575; or by the segment, and therefore a listable entity, and United States in the Late 1990s: The INTERMAP Study,’’ Journal of Human electronic process available at the under section 3(16) of the Act. Hypertension, 17:623–630, 2003. Federal e-Rulemaking portal at http:// Therefore, we will not be initiating a 15. ‘‘Salt in Processed Foods’’ Food www.regulations.gov. If comments are further status review in response to this Standards Authority (UK), 2005 (Available at sent by electronic mail or by fax, the petition.

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DATES: This finding announced in this accordance with 50 CFR 424.14(b). Our kokanee turn from silver to bright red document was made on October 23, process for making this 90-day finding during maturation, while the head is 2007. You may submit new information under section 4(b)(3)(A) of the Act and olive green and the fins are blackish red concerning this species for our section 424.14(b) of our regulations is (Craig and Foote 2001, p. 381). consideration at any time. limited to a determination of whether Sockeye salmon are anadromous, ADDRESSES: The complete supporting the information in the petition meets the migrating to the Pacific Ocean following file for this finding is available for ‘‘substantial information’’ threshold. hatching and rearing in freshwater to spend 2 to 3 years in marine waters public inspection, by appointment, Petition History during normal business hours at the before returning to freshwater Western Washington Fish and Wildlife On February 22, 1999, we responded environments to spawn. Kokanee are Office, U.S. Fish and Wildlife Service, to a November 2, 1998, letter from Mr. non-anadromous, spending their entire 510 Desmond Drive SE., Suite 102, Ron Sims, Kings County Executive, lives in freshwater habitats (Meehan and Lacey, WA 98503. Please submit any regarding the status of kokanee in Lake Bjorn 1991, pp. 56–57). Kokanee young new information, materials, comments, Sammamish. Our response letter are spawned in freshwater streams and or questions concerning the summer-run questioned whether Mr. Sims’ letter was subsequently migrate to a nursery lake Issaquah Creek kokanee or this finding in fact a petition. On March 16, 2000, (Burgner 1991, pp. 35–37). Kokanee we received a petition, dated March 15, to the above address (Attention: remain in the lake until maturity and 2000, from Save Lake Sammamish, Issaquah Creek kokanee), or via return to natal freshwater streams to Washington Trout, Sierra Club Cascade electronic mail (e-mail) at spawn and die. Chapter, Washington Environmental Taylor et al. (1996, pp. 411–414) [email protected]. Council, Friends of the Earth, King found multiple episodes of independent FOR FURTHER INFORMATION CONTACT: Ken County Conservation Voters, and divergence between sockeye and Berg, Manager, Western Washington Defenders of Wildlife. The petitioners kokanee throughout their current range. Fish and Wildlife Office (see requested that we emergency list the As ancestral sockeye populations ADDRESSES) by telephone at (360–753– population of native summer-run (or expanded to new river systems, those 4327), or by facsimile to (360–753– early-run) kokanee that spawn in that could not access the marine 9405). Persons who use a Issaquah Creek, a tributary of Lake environment on a regular basis evolved telecommunications device for the deaf Sammamish in King County, into the non-anadromous kokanee form. (TDD) may call the Federal Information Washington, as an endangered distinct This rapid adaptive evolution happened Relay Service (FIRS) at 800–877–8339. population segment (DPS) and designate multiple times such that kokanee SUPPLEMENTARY INFORMATION: critical habitat under the Act. The populations are genetically more similar petition clearly identified itself as such to their sympatric (occupying the same Background and provided the names and addresses geographic area without interbreeding) Section 4(b)(3)(A) of the Act requires of the petitioners. We responded in two sockeye populations than kokanee in that we make a finding on whether a letters dated April 17, 2000, and other river systems (Taylor et al. 1996, petition to list, delist, or reclassify a November 6, 2000, stating that pp. 401, 413–414). species presents substantial scientific addressing the petition at that time was Kokanee in the Lake Washington and information to indicate that the not practicable due to our workload Lake Sammamish watersheds are petitioned action may be warranted. We addressing court orders and court- separated into three groups: (1) are to base this finding on information approved settlement agreements for Summer-run, (2) middle-run, and (3) provided in the petition, supporting other listing actions and that we would late-run kokanee, based on spawn information submitted with the petition, address the petition as funding became timing and location (Berge and Higgins and information otherwise available in available. This petition finding fulfills 2003, p. 3; Young et al. 2004, p. 66). our files at the time we make the that commitment. Summer-run kokanee spawn during late determination. To the maximum extent On July 10, 2007, we received a summer (August through September) in practicable, we are to make this finding petition to list Lake Sammamish Issaquah Creek and are the only run of within 90 days of our receipt of the kokanee as threatened or endangered kokanee known to spawn in that creek petition and publish our notice of this under the Act. We are in the process of (sockeye salmon spawn there in finding promptly in the Federal analyzing that petition and intend to October). Middle-run kokanee spawn in Register. publish a 90-day finding on that petition late September through November, Our standard for substantial in the near future. primarily in larger Sammamish River information within the Code of Federal tributaries. Late-run kokanee spawn Regulations (CFR) with regard to a 90- Species Information from late fall into winter (October day petition finding is ‘‘that amount of The kokanee and the sockeye salmon through January) in tributaries of Lake information that would lead a are two forms of the same species, Sammamish. The petition and this reasonable person to believe that the Oncorhynchus nerka (Order petition finding address only the measure proposed in the petition may Salmoniformes, Family Salmonidae), summer-run kokanee in Issaquah Creek. be warranted’’ (50 CFR 424.14(b)). If we that are native to watersheds in the Berggren (1974, p. 9) and Pfeifer find that substantial information was north Pacific from southern Kamchatka (1995, pp. 8–9 and 21–22) report presented, we are required to promptly to Japan in the western Pacific and from escapements (the number of fish commence a review of the status of the Alaska to the Columbia River in North arriving at a natal stream or river to species. America (Page and Burr 1991, p. 52; spawn) of summer-run Issaquah Creek We base this finding on information Taylor et al. 1996, pp. 402–403). Adult kokanee numbering in the thousands provided by the petitioner that we kokanee look like sockeye salmon, but during the 1970s. Since 1980, the determined to be reliable after reviewing are generally smaller in size at maturity escapement of summer-run Issaquah sources referenced in the petition and because they are confined to freshwater Creek kokanee has plummeted (Berge information available in our files at the environments, which are less and Higgins 2003, p. 18). Between 1998 time of the petition review. We productive than the ocean (Gustafson et and 2001, only three summer-run evaluated that information in al. 1997, p. 29). Both sockeye and kokanee redds (gravel nests of fish eggs)

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were observed in Issaquah Creek. In July habitat management, conservation may be a unique or unusual ecological 2001 and 2002, the Washington status, or regulatory mechanisms. setting for kokanee. Department of Fish and Wildlife Data contained in the petition, 2. Evidence that loss of the population installed a fish weir across Issaquah referenced in the petition, and segment would result in a significant Creek in an attempt to capture all otherwise available to the Service gap in the range of taxon. migrating kokanee and spawn them in a suggests that there is substantial Neither the petition nor information hatchery for a supplementation information regarding the behavioral in our files indicates that loss of program. However, no kokanee were discreteness of summer-run Issaquah summer-run Issaquah Creek kokanee observed or captured in these attempts Creek kokanee. Timing of spawning and may result in a significant gap in the (WDFW 2002, pp. 5–7). fry emergence for this population is range of the taxon. According to the Distinct Vertebrate Population Segments earlier than any other kokanee or petition, Issaquah Creek is one of sockeye population in the Sammamish several tributaries to Lake Sammamish The petitioners state that the summer- Basin (Berggren 1974, pp. 9 and 38; that are occupied by kokanee. There are run Issaquah Creek kokanee is a DPS Pfeifer 1992, pp. 117 and 141; Young et also kokanee populations in tributaries based on their August spawning period, al. 2004, p. 65). This difference in to the Sammamish River (below Lake fry emergence timing, coloration at the spawn timing may result in the Sammamish). Furthermore, the taxon time of spawning, and genetic reproductive isolation of summer-run occurs throughout the North Pacific, distinctness, and asked the Service to kokanee. Based on the physical and from southern Kamchatka to Japan in emergency list the DPS as endangered. behavioral factors referenced in the the western Pacific and from Alaska Under the Act, we can consider for petition, we find that there is substantial south to the Columbia River system in listing any species, subspecies, or DPS information indicating that summer-run the eastern Pacific (Page and Burr 1991, of any species of vertebrate fish or Issaquah Creek kokanee may meet the p. 52; Taylor et al. 1996, pp. 402–403). wildlife that interbreeds when mature, if discreteness element of our DPS policy. 3. Evidence that the population information is substantial to indicate segment represents the only surviving Significance that such action may be warranted. To natural occurrence of a taxon that may implement the measures prescribed by If a population segment is considered be more abundant elsewhere as an the Act and its Congressional guidance discrete under one or more of the introduced population outside its (see Senate Report 151, 96th Congress, conditions listed in the Service’s DPS historical range. 1st Session), we developed a joint policy, its biological and ecological Neither the petition nor information policy with the National Oceanic and significance will then be considered. In in our files indicates that summer-run Atmospheric Administration entitled carrying out this evaluation, the Service Issaquah Creek kokanee may represent ‘‘Policy Regarding the Recognition of considers available scientific evidence the only surviving natural occurrence of Distinct Vertebrate Population Segments of the potential DPS’s importance to the this species. The petitioners note that under the Act’’ (61 FR 4725; February 7, taxon to which it belongs. This there are at least 78 different kokanee 1996). According to this policy, the consideration may include, but is not populations from British Columbia, three elements considered regarding the limited to: (1) Persistence of the discrete Colorado, Idaho, Montana, Oregon, potential recognition of a DPS as population segment in a unique or Utah, and Washington. endangered or threatened are: (1) unusual ecological setting; (2) evidence 4. Evidence that the discrete Discreteness of the population segment that loss of the discrete segment would population segment differs markedly in relation to the remainder of the result in a significant gap in the range from other populations of the species in species to which it belongs; (2) of the taxon; (3) evidence that the its genetic characteristics. significance of the population segment discrete population segment represents The petition cites several studies in relation to the remainder of the taxon; the only surviving natural occurrence of indicating that Issaquah Creek kokanee and (3) conservation status of the the taxon that may be more abundant may be genetically differentiated from population segment in relation to the elsewhere as an introduced population other kokanee and sockeye populations Act’s standards for listing (i.e., when outside of its historic range; or (4) (Seeb and Wishard 1977, Wishard 1980, treated as if it were a species, is the evidence that the discrete segment Hendry 1995, Hendry et al. 1996). These population segment endangered or differs markedly from other populations citations appear to be credible scientific threatened?). Criteria for all three in its genetic characteristics (61 FR publications and we accept the elements must be satisfied to meet the 4721). characterization of these publications definition of a DPS. The petition The petition states that the summer- provided in the petition for the purpose discusses all three factors, but does not run Issaquah Creek kokanee population of this 90-day finding. However, we explicitly state whether they are is significant because it is native to the note that the definition of the term evaluating these factors based on the Sammamish Basin and probably unique ‘‘significant,’’ as applied in these standards set forth in the DPS policy. among kokanee and sockeye genetics studies is not the same as its Following is our evaluation of these populations in the western United usage when determining whether or not elements in relation to the petitioned States. The petition points to several a population meets the significance entity, the summer-run Issaquah Creek studies suggesting this population is criterion under the DPS policy. These kokanee. genetically distinguishable from a studies found that there were number of other kokanee and sockeye Discreteness ‘‘significant’’ differences in allele populations. Our analysis of these frequencies (the frequency of one Discreteness refers to the separation of statements relative to the DPS policy member of a pair or series of genes a population segment from other follows. occupying a specific position on a members of the taxon based on either: 1. Persistence of the population specific chromosome) between summer- (1) Physical, physiological, ecological, segment in an ecological setting that is run Issaquah Creek kokanee and the 11 or behavioral factors; or (2) international unique for the taxon. other populations that they studied. boundaries that result in significant Neither the petition nor information However, these ‘‘significant’’ differences differences in control of exploitation, in our files indicates that Issaquah Creek in allele frequencies must be placed into

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the appropriate spatial context of the kokanee are significantly different summer-run Issaquah Creek kokanee species’ distribution. genetically to other conspecific may be markedly genetically divergent The studies cited by the petitioners populations of kokanee and sockeye from kokanee outside of the Lake looked at four kokanee populations, salmon. However, Benzen and Spies Washington and Lake Sammamish inclusive of Issaquah Creek kokanee, (2000, p. 1–9) only studied kokanee basins or how such genetic divergence and eight sockeye populations, all from populations from Issaquah Creek and might be important to the taxon as a the Lake Washington and Lake Lake Whatcom, did not include other whole. Sammamish Basins or hatchery strains. tributaries of Lake Sammamish in their The petition, in combination with Taylor et al. (1996, pp. 409–410) looked study, and only examined three information in our files, does not at 750 Oncorhynchus nerka from 24 populations of sockeye salmon. indicate how either the genetic makeup, different populations throughout the Therefore, Bentzen and Spies’ (2000, p. early spawning, or color variation of range of the species and identified two 6) conclusion that Issaquah Creek summer-run Issaquah Creek kokanee major genetic groupings, the kokanee are significantly different from may be significant to the taxon. ‘‘northwestern group’’ (Kamchatka, other conspecific populations of Therefore, we conclude that the petition Alaska, and northwest British kokanee is applicable only to the small does not present substantial information Columbia) and the ‘‘southern group’’ number of conspecific populations they indicating summer-run Issaquah Creek (Fraser River and Columbia River examined, and only in the context that kokanee may meet the significance systems). Given the large range of the there were statistically significant criterion of our DPS policy. species and the broader genetic differences at microsatellite loci (regions Furthermore, neither the petition nor relationships described by Taylor et al. within genes where short sequences of information in our files presents (1996, pp. 409–410), the studies DNA are repeated). An important substantial information that summer- referenced by the petitioners looked distinction must be made between a run Issaquah Creek kokanee may only at a relatively small subset (both statistically significant difference in represent a significant portion of the geographically and in total number) of allele frequencies using highly variable species’ range. Consequently we O. nerka, and do not indicate that loci (e.g., microsatellites) and a conclude that the petition does not Issaquah Creek kokanee may have biologically meaningful difference in present substantial information marked genetic differences that may genetic markers (Hedrick 1999, p. 316– indicating that summer-run Issaquah make them significant to the taxon. 317). This distinction is important Creek kokanee may be a listable entity Information in our files also fails to because patterns of adaptive loci may under the Act. indicate that Issaquah Creek kokanee not be correlated with highly variable The petition presented information may be markedly genetically divergent loci, such as microsatellite loci. It is this for the five listing factors in section 4 of the Act in an effort to identify threats or that they may be evolutionarily high variability in microsatellite loci significant to the taxon. Although Coyle that may be leading to the decline of the that enables the detection of very small et al. (2001, p. 17) conclude that summer-run Issaquah Creek kokanee. genetic differences with statistical summer-run Issaquah Creek kokanee These factors are pertinent only in cases significance (Hedrick 1999, p. 316–317). have significant genetic differences where the organism being proposed for While Bentzen and Spies (2000, p. 6) compared with other conspecific listing may be a listable entity as report statistically significant populations of kokanee and sockeye defined by section 3(15) of the Act. differences in allele frequencies salmon and are a valid DPS, their Because the petition does not present between the two populations of kokanee analysis does not support these substantial information indicating that and three populations of sockeye they findings. The authors acknowledge that summer-run Issaquah Creek kokanee studied, they provide no argument for genetic differences between early-run may meet the significance criterion for Issaquah Creek kokanee and late-run how these differences may be a DPS or may represent a significant Lake Sammamish kokanee are unknown biologically important or how may portion of the species’ range, the five (but see our discussion of more recent constitute marked genetic differences threat factors are not analyzed here. genetic work by Young et al. 2004, that are significant to the taxon. Finding below), and the adaptive significance of The most recent genetic work on early-run spawning and early fry kokanee in the Sammamish Basin shows The Service has reviewed the petition emergence are unknown. Further, the that allele frequencies in Issaquah Creek to list the summer-run Issaquah Creek authors acknowledged that while this and Lake Sammamish tributaries differ kokanee, the literature cited in the population possesses size and from those of other introduced strains petition that was available to us, and coloration not typical of other kokanee within the basin and also showed other available scientific literature and populations in the Sammamish Basin, greater genetic distance between information in our files. Based on this these are unlikely to be defining middle-run and late-run kokanee than review, we find the petition does not characteristics of the population. the genetic distance between either present substantial information Although the authors point to the group and summer-run Issaquah Creek indicating that the summer-run Issaquah population’s adaptation to warmer kokanee (Young et al. 2004, pp. 69–70). Creek kokanee may meet the criteria for temperatures and lower stream flows However, the authors note that the being classified as a DPS under the Act. (when compared to other kokanee study had a small sample size for Although statistically significant populations in the Sammamish Basin) summer-run Issaquah Creek kokanee differences in allele frequencies have as evidence of a distinct adaptation to (n=13 individuals) and that inferences been reported between summer-run its environment, they also state that regarding the summer-run Issaquah Issaquah Creek kokanee and other Kootenai Lake kokanee in British Creek kokanee should be treated with kokanee and sockeye populations in the Columbia have early-run timing similar caution. While this study provides some Sammamish Basin, information to that of summer-run Issaquah Creek evidence that summer-run Issaquah provided in the petition and other kokanee. Creek kokanee may be genetically available information do not indicate Coyle et al. (2001, p. 19) cite a study differentiated from other kokanee in the how these differences may be by Bentzen and Spies (2000, p. 6) as Lake Washington and Lake Sammamish biologically important or how they may evidence that early-run Issaquah Creek basins, it did not address whether the constitute marked genetic differences

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that are significant to the taxon. therefore, a listable entity under section required to promptly commence a status Therefore, we will not commence a 3(16) of the Act. Accordingly, we will review of the species. status review in response to this not be initiating a status review in We base this finding on information petition. response to this petition. However, we provided by the petitioner that we If you wish to provide information ask the public to submit to us any new determined to be reliable after reviewing regarding summer-run Issaquah Creek information that becomes available sources referenced in the petition and kokanee, you may submit your concerning the status of mountain information readily available in our files information or materials to the Manager, whitefish occurring in the Big Lost River at the time of the petition review. We Western Washington Fish and Wildlife at any time. This information will help evaluated this information in Office (see ADDRESSES). us to monitor and encourage the accordance with 50 CFR 424.14(b). Our ongoing conservation of mountain process for making this 90-day finding References Cited whitefish in the Big Lost River. under section 4(b)(3)(A) of the Act and A complete list of all references cited § 424.14(b) of our regulations is limited DATES: The finding announced in this to a determination of whether the is available upon request from the document was made on October 23, information in the petition meets the Western Washington Fish and Wildlife 2007. You may submit new information ADDRESSES ‘‘substantial information’’ threshold. A Office (see ). concerning the mountain whitefish substantial finding should be made occurring in the Big Lost River for our Author when the Service deems that adequate consideration at any time. The primary authors of this document and reliable information has been are Western Washington Fish and ADDRESSES: Submit data, information, presented that would lead a reasonable Wildlife Office (see ADDRESSES). comments, and materials concerning person to believe that the petitioned this finding to the Supervisor, Snake action may be warranted. Authority River Fish and Wildlife Office, 1387 S. On June 15, 2006, we received a The authority for this action is the Vinnell Way, Boise, ID 83709. The petition, dated June 14, 2006 (hereafter Endangered Species Act of 1973, as supporting file for this finding is cited as ‘Petition’ 2006), from the amended (16 U.S.C. 1531 et seq.). available for public inspection, by Western Watersheds Project Dated: October 15, 2007. appointment, during normal business (’petitioner’). The petitioner requested Kenneth Stansell, hours at the above address. that mountain whitefish in the Big Lost FOR FURTHER INFORMATION CONTACT: River, Idaho, be listed as threatened or Acting Director, Fish and Wildlife Service. endangered in accordance with section [FR Doc. E7–20748 Filed 10–22–07; 8:45 am] Jeffery Foss, Field Supervisor, Snake River Fish and Wildlife Office (see 4 of the Act. The petitioner also BILLING CODE 4310–55–P ADDRESSES); telephone 208–378–5243; requested that critical habitat be facsimile 208–378–5262. If you use a designated. The petition clearly identified itself as such and included DEPARTMENT OF THE INTERIOR telecommunications device for the deaf (TDD), please call the Federal the requisite identification information Fish and Wildlife Service Information Relay Service (FIRS) at for the petitioner, as required in title 50 800–877–8339. of the Code of Federal Regulations 50 CFR Part 17 (CFR), 424.14(a). In an August 21, 2006 SUPPLEMENTARY INFORMATION: letter to the petitioner, we Endangered and Threatened Wildlife Background acknowledged receipt of the petition, and Plants; 90-Day Finding on a and explained that we would not be Section 4(b)(3)(A) of the Act requires able to address the petition at that time Petition To List the Mountain Whitefish that we make a finding on whether a (Prosopium williamsoni) in the Big due to other priorities relating to court petition to list, delist, or reclassify a orders and litigation settlement Lost River, ID, as Threatened or species presents substantial scientific or Endangered agreements. We further indicated that commercial information indicating that we had reviewed the petition and AGENCY: Fish and Wildlife Service, the petitioned action may be warranted. determined than an emergency listing Interior. Such findings are based on information was not necessary. ACTION: Notice of 90-day petition contained in the petition, supporting The petition requested that we list the finding. information submitted with the petition, mountain whitefish in the Big Lost and information otherwise readily River of Idaho as a separate species, SUMMARY: We, the U.S. Fish and available in our files at the time we subspecies, or in the alternative as a Wildlife Service (Service), announce a make the determination. To the distinct population segment. The 90-day finding on a petition to list the maximum extent practicable, we are to petition contends that mountain mountain whitefish (Prosopium make this finding within 90 days of our whitefish occupying the Big Lost River williamsoni) occurring in the Big Lost receipt of the petition, and publish a have experienced ‘‘a population decline River in Idaho as threatened or notice of the finding promptly in the and extirpation, and a decreased range.’’ endangered under the Endangered Federal Register. Threats identified in the Big Lost River Species Act of 1973, as amended (Act). Our standard for substantial scientific include ‘‘loss and degradation of habitat We find that the petition does not or commercial information, as defined due to irrigation diversions, livestock present substantial scientific or by the Code of Federal Regulations grazing, off-road vehicle use, roads; and commercial information indicating that (CFR), with regards to a 90-day petition predation, competition, and disease listing the mountain whitefish in the Big finding is ‘‘that amount of information from non-native fish species.’’ The Lost River may be warranted. This that would lead a reasonable person to petition asserts that this situation is in finding is based on insufficient believe that the measure proposed in the contrast to other populations of information indicating that mountain petition may be warranted’’ (50 CFR mountain whitefish in other drainages. whitefish in the Big Lost River may 424.14(b)). If we find that the petition The petition was accompanied by a represent a species, subspecies, or presents substantial scientific or single document, the ‘‘Big Lost River distinct population segment (DPS) and, commercial information, we are Mountain Whitefish Status Report,’’

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prepared by Ecosystem Sciences populations within the Snake River subspecies by the American Fisheries Foundation and dated February 2006 basin. Society (Nelson et al. 2004, p. 86), nor (hereafter cited as ‘ESF Status Report Mountain whitefish, also known as by the Integrated Taxonomic 2006’). This report contained mountain herring, are about 57 Information System (2007). The State of information related to the taxonomy, life centimeters (cm) (22 inches (in)) in Idaho does not consider the mountain history, demographics, genetics, habitat, length. The general body shape is whitefish occupying the Big Lost River threats, and the past and present slender with a somewhat round cross to be either a significant species or a distribution of mountain whitefish in section, and body coloration is typically species of concern (Idaho the Big Lost River. The petition silver on the sides, dusky olive green or Comprehensive Wildlife Strategy 2005). incorporated by reference any citations blue on the back, and the belly is a dull The petitioner’s arguments for the used in the ESF Status Report 2006, but white (Simpson and Wallace 1982, p. recognition of mountain whitefish in the did not provide actual copies of those 77). It has been suggested that Big Lost River as a species, subspecies references. individuals from the Big Lost River or distinct population segment appear to be different from other (discussed separately, below), rely Species Information populations of mountain whitefish in primarily on the analysis of molecular Mountain whitefish (Prosopium coloration and body shape, but data to data. Because of the complex and highly williamsoni) are members of the confirm this observation has not yet technical nature of molecular analysis, Salmonidae family and are found been collected (A. Whiteley, pers. we consulted with a fisheries genetics throughout mountainous areas of comm. 2007a). expert within the Service to assess the western North America in Canada and The spawning season for mountain petitioner’s assertions to the potential the United States. In the United States, whitefish is in the fall, and is correlated significance of the genetics information the species is known to occur in the with stream temperature (Simpson and presented. Dr. Donald E. Campton, States of Washington, Oregon, Idaho, Wallace 1982, p. 77; Wydoski 2001, p. Senior Scientist at the U.S. Fish and Wyoming, Montana, Colorado, Utah, 694). Unlike other salmonids, mountain Wildlife Service’s Abernathy Fish Nevada, and California (NatureServe whitefish are broadcast spawners in Technology Center and former President 2007). Mountain whitefish are relatively which a nest or redd is not created; of the Genetics Section of the American common and widespread in most river females scatter eggs and the males Fisheries Society, served as our basins in Idaho (American Fisheries fertilize them (McGinnis 1984, p. 137). consultant on this finding. Society 2007). Their preferred habitat is Mountain whitefish are thought to be The petitioner contends that ‘‘the best cold water streams and lakes in western opportunistic bottom feeders that available science demonstrates that the North America, and typically third or consume whatever is in abundance, Big Lost River Mountain Whitefish fourth order streams (Van Kirk et al. including fish eggs during the spawning should be protected as a separate 2003, p. 8). season (McGinnis 1984, p. 137). It is species or subspecies of whitefish While the majority of populations of known to actively feed on both aquatic because all genetic analyses mountain whitefish occur in riverine and terrestrial insects, but is also a demonstrate that it is genetically environments, some populations are piscivore (eats other fish) (NatureServe unique—so much so that the genetic restricted to lakes or isolated sink 2007). Mountain whitefish reach sexual distance observed between Big Lost basins. Mountain whitefish in the Big maturity at 3 to 4 years, and have been River mountain whitefish and Lost River reside in a ‘‘sink’’ drainage observed to live up to 12 years (Wydoski surrounding populations is at least as which was once part of a large 2001, p. 694). large as that seen between other Pleistocene lake system that included subspecies or even species. [ESF] Status Lake Terreton (Van Kirk et al. 2003, p. Listable Entity Evaluation Report [2006], pp. 6, 14–15.’’ The ESF 6). As the waters receded, the Big Lost In making a 90-day finding on a Status Report 2006, p. 6 cites Whiteley River and four adjacent drainages lost petition to list a species, we must first and Gamett (2002) for the basis of this their surface connection to the Snake establish that the subject of the petition assertion. Whiteley and Gamett (2002) is River, resulting in five isolated sink may constitute a ‘‘species’’ under an abstract of a presentation given at the drainages in Idaho. section 3(16) of the Act. In this case, the Sinks Symposium of the Idaho Chapter There are additional populations of petitioner has requested that the of the American Fisheries Society in mountain whitefish that occur in other mountain whitefish occupying the Big February 2002 (Van Kirk et al. 2003, p. sink drainages, such as tributaries in the Lost River in Idaho be listed as a 13). Lahontan Basin in California and separate species, subspecies, or in the We contacted Mr. Gamett to Nevada and the Bonneville Basin in alternative, as a distinct population determine whether any written Utah. Populations in these basins are segment. For vertebrates, the Act allows document was available reflecting the similar to the population in the Big Lost listing of these three entities (16 U.S.C. content of that presentation, but found River in that all are relict populations of 1532(16)). that the abstract was the only written mountain whitefish that formerly record. The Symposium Proceedings resided in large Pleistocene lake systems Evaluation of the Mountain Whitefish in (Van Kirk et al. 2003) were available to that are now closed basins. the Big Lost River as a Species or us in our files. The abstract does not Mountain whitefish in the Big Lost Subspecies state that ‘‘the genetic distance is at least River are thought to be most closely The mountain whitefish in the Big as large as that seen between other related to populations that occur in the Lost River of Idaho are currently subspecies or even species,’’ but rather upper Snake River based on genetic data recognized as members of the single that ‘‘consideration of the Big Lost River from Whiteley et al. (2006) and species Prosopium williamsoni, which mountain whitefish as a separate Campbell and Cegelski (2005). The is considered common and widespread subspecies may be warranted.’’ This species most likely entered the Big Lost throughout the mountainous western appears to represent the personal River approximately 10,000 years ago United States northward into Canada opinions of the presenting researchers, (Van Kirk et al. 2003, p. 8). Today, (NatureServe 2007). The mountain no data are presented to support the mountain whitefish in the Big Lost whitefish in the Big Lost River are not petitioner’s claim regarding genetic River are physically isolated from other recognized as a separate species or distance, and the ESF Status Report

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2006 cited by the petitioner appears to University of Montana was provided populations from western Alberta. The have overstated the conclusions of under the Whiteley 2002 citation (ESF results indicated three large-scale Whiteley and Gamett (2002). Status Report 2006, p. 18) and we were genetic assemblages of mountain Data available in our files from a 2005 unable to locate a publication by that whitefish in this region based on Idaho Department of Fish and Game name through a search of the published allozyme data, and five large-scale Report do not support the contention literature. We therefore contacted Mr. genetic assemblages based on the that mountain whitefish found in the Whiteley and asked for a copy of the microsatellite data (Whiteley et al. 2006, Big Lost River are genetically equivalent referenced publication. Mr. Whiteley p. 2778). to a subspecies or species. In analyzing informed us that the document cited The Big Lost River population was the sequence divergence of was an unpublished report to a funding included within the resulting Upper mitochondrial DNA between whitefish agency (A. Whiteley, pers. comm. Snake River assemblage in both cases populations, Campbell and Cegelski 2007b), and referred us to a recently and is described as the ‘‘most (2005, Figure 3) found that the percent published, peer-reviewed paper on the genetically divergent’’ site in that sequence divergence of mountain genetics of mountain whitefish assemblage. However, the data indicate whitefish from the Big Lost River (Whiteley et al. 2006, already contained that the degree of genetic divergence of compared to other populations within in our files and discussed further mountain whitefish in the Big Lost the Upper Snake River Basin ranged below). In responding to us, Mr. River from other populations in the from 0.33 to 0.49 percent. The authors Whiteley also stated that he believes upper Snake River region is note that, for comparison purposes, that mountain whitefish in the Big Lost substantially less than the genetic sequence divergence between River are more divergent than two other divergence observed between the major recognized subspecies of cutthroat trout ‘‘species’’ of whitefish, Prosopium assemblages. The authors note low range (Oncorhynchus clarki lewisi and spilonotus and P. abyssicola (A. levels of within-population genetic O. c. bouvieri) from 1.4 to 1.9 percent, Whiteley, 2007b; quotes from author’s variation in several physically isolated and sequence divergence between original communication). However, Mr. populations of mountain whitefish, different species of trout (O. mykiss and Whiteley went on to indicate that the including not only the Big Lost River, O. clarki) range from 4.0 to 4.5 percent classification of these mountain but also the Big Wood River, Bull River, (Campbell and Cegelski 2005, p. 6); whitefish species is not clearly defined and Thutade Lake (Whiteley et al. 2006, these are far higher levels of mtDNA (that they may not be ‘‘good’’ species; A. p. 2780). They also note a higher degree sequence divergence than was observed Whiteley, 2007b, quotes from author’s of genetic differentiation in several between mountain whitefish in the Big original communication) and subject to physically isolated sites in the Upper Lost River and other populations within debate. Snake region, which is to be expected the Upper Snake River assemblage. The petitioner further references the when gene flow is precluded According to this report, the genetic following statements: ‘‘In analysis of all geographically. In addition to the Big distance between mountain whitefish in the genetic information available at that Lost River, this pattern was observed in the Big Lost River and surrounding time, Gamett et al. (2004) concluded the Henry’s Fork and several Bonneville populations is far less than that that Big Lost River whitefish are Basin sites (Whiteley et al. 2006, p. observed between other subspecies or genetically different from all other 2781). species of salmonids. Furthermore, whitefish and they are likely a unique This most recent analysis of the several other populations of mountain species or subspecies of fish,’’ and genetic relationships of mountain whitefish examined by Campbell and ‘‘Given the most recent genetic studies whitefish (Whiteley et al. 2006) does not Cegelski (2005, Figure 3) exhibited of Miller et al. (2005) and Campbell et support the contention that mountain levels of divergence equal to or greater al. (2005), all of which confirm past whitefish of the Big Lost River are than that exhibited by fish from the Big studies and conclusions—the Big Lost distinctive or unique genetically as Lost River (the Boise River populations, mountain whitefish must be managed as compared to other populations in the for example). This issue is discussed in a separate species from all other upper Snake River assemblages, or as further detail in the distinct population mountain whitefish’’ (ESF Status Report compared to populations within other segment analysis presented below. 2006, p. 15). The Gamett et al. (2004) assemblages relative to the rest of the The petitioner’s citation of pages 14– citation appears to be a reference to an species. Rather, the authors point to a 15 of the ESF Status Report 2006 in oral presentation made at a meeting of high degree of genetic differentiation support of their contention that the Idaho Fish and Game between many populations of mountain mountain whitefish in the Big Lost Commissioners (ESF Status Report whitefish in the Upper Snake River due River merit consideration as a separate 2006, p. 16), and it was therefore to the topography of the region, and species or subspecies apparently refers unavailable to us. The citations for both characterize those populations as ‘‘more to several different statements and Miller et al. (2005) and Campbell et al. finely subdivided than elsewhere’’ sources, beginning with the citation of (2005) appear to be references to (Whiteley et al. 2006, p. 2781). The Whiteley (2002) as stating that ‘‘the Big abstracts, papers, or posters presented at authors also point out that the degree of Lost [mountain whitefish] should be a meeting of the American Fisheries genetic differentiation observed in considered as a separate group. This Society and were not available to us. mountain whitefish among tributaries group is highly genetically In our files we had a recent within river basins is less than that differentiated from all other populations publication, W, Whiteley et al. (2006), observed in populations of other analyzed to date’’ (ESF Status Report regarding the genetics of mountain salmonids, such as bull trout (Salvelinus 2006, p. 15). whitefish which was not cited in the confluentus) and westslope cutthroat The ESF Status Report 2006 presented ESF Status Report 2006. In this trout (Oncorhynchus clarki lewisi) (i.e., only conclusions from the Whiteley publication, the researchers utilized bull trout and westslope cutthroat trout 2002 reference, but provided no data or both allozymes and microsatellites to show greater levels of genetic analysis to support those conclusions. examine the genetic structure of differentiation between populations Only the name of the author, a title, and mountain whitefish populations within river basins than do mountain the name of a genetics laboratory in the throughout the northwestern United whitefish) (Whiteley et al. 2006, p. Biological Sciences Department at the States and British Columbia, plus two 2783). Despite this high degree of

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genetic structuring, it has not been isolated freshwater populations of the Big Lost River may be a species or suggested in literature, that each of salmonid fishes are not considered subspecies. these bull trout or westslope cutthroat uncommon (Allendorf and Waples Evaluation of Mountain Whitefish in the trout populations be considered as 1996, p. 257). Big Lost River as a Distinct Population separate subspecies or species. The In sum, mountain whitefish occurring Segment mountain whitefish in the Big Lost in the Big Lost River are not currently River exhibit less genetic differentiation recognized as a subspecies or species Under the Act, we can consider for than these populations. (Nelson et al. 2004, p. 86; ITIS 2007), listing any species, subspecies, or Also referenced by the petitioner in and neither the information provided in distinct population segment (DPS) of the ESF Status Report 2006 is the the petition nor in our files suggest that any species of vertebrate fish or wildlife statement that ‘‘Whitefish in the Big mountain whitefish in the Big Lost that interbreeds when mature (16 U.S.C. Lost River are fixed for microsatellite River may represent a distinct species or 1532(16)). The petitioner has asked us to alleles that are rare or not present in the subspecies. Even considering the consider listing mountain whitefish surrounding rivers’’ (ESF Status Report additional information supplied by Mr. occurring in the Big Lost River of Idaho 2006, p. 15). The petition cites Whiteley Whiteley, our conclusion remains the as a DPS. We, along with the National and Gamett (2002), which is the same. Although no universally accepted Marine Fisheries Service, developed the previously mentioned abstract from a definition of species and subspecies Policy Regarding the Recognition of meeting of the Idaho Chapter of the exists, in general such classifications are Distinct Vertebrate Population Segments American Fisheries Society (Van Kirk et based on multiples lines of evidence, (DPS Policy) (February 7, 1996, 61 FR al. 2003, p. 13), available to us in our including factors such as morphology, 4722) to help us in determining what files. It refers to ‘‘the fixation of a behavior, and genetic characters (Haig et qualifies as a DPS under the Act. The unique allele in the Big Lost River al. 2006, p. 1586). Information in our policy identifies three elements that are population at one of the microsatellite files indicates that the genetic distance to be considered in a decision regarding loci.’’ The ESF Status Report 2006 observed between mountain whitefish the status of a possible DPS as implies that there are multiple rare or in the Big Lost River and surrounding endangered or threatened under the Act: unique microsatellite alleles in the Big populations is substantially less than 1. Discreteness of the population Lost River population, when in fact the that observed between other subspecies segment in relation to the remainder of abstract indicates there was only one or species of salmonids (Campbell and the species to which it belongs; unique allele. Cegelski 2005, p. 6). Although we were not provided with Likewise, the petition provides no 2. The significance of the population the data to support this statement, even substantial information to support its segment to the species to which it if we assume that one microsatellite assertion that the mountain whitefish in belongs; and allele has become fixed in mountain the Big Lost River constitute a 3. The population segment’s whitefish occupying the Big Lost River, genetically unique stock; although the conservation status in relation to the that information does not in and of itself population possesses one unique Act’s standards for listing. confer any biological or ecological haplotype, almost every population Discreteness importance (e.g., as measured by sampled had at least one unique morphological, physiological, or haplotype, and some had several The petitioner asserts that the behavioral traits) because microsatellite (Campbell and Cegelski 2005, Table 1). mountain whitefish occupying the Big alleles are considered selectively All available evidence indicates that Lost River basin are discrete due to the neutral, the frequencies of which largely there is a high degree of genetic terminal nature of the Big Lost River reflect random or stochastic processes structuring between populations of within a sink drainage and the isolation (e.g., genetic drift, population mountain whitefish, as is frequently of this population. Our DPS policy bottlenecks, founder effects, mutation observed in populations of freshwater states that a population segment of a rates) rather than selection for traits that salmonids (Allendorf and Waples 1996, vertebrate species may be considered confer increased fitness (Ashley and p. 257; Whiteley et al. 2006, p. 2783), discrete if it is markedly separated from Dow 1994, p. 185). Indeed, the total lack but that the degree of genetic other populations of the same taxon as of variability observed in microsatellites differentiation between mountain a consequence of physical, sampled for mountain whitefish in the whitefish in the Big Lost River and physiological, ecological, or behavioral Big Lost River (Whiteley et al. 2006, p. surrounding populations is no greater factors. We agree that mountain 2775) indicates that this population has than that observed between other whitefish in the Big Lost River may be likely undergone a past population populations of mountain whitefish considered discrete, since they occur in bottleneck relative to other populations (Whiteley et al. 2006, p. 2781; Campbell a closed basin lacking a surface with a subsequent loss of genetic and Cegelski 2005, Figure 3, p. 5). connection to any major river system variability and random fixation (e.g., via Although mountain whitefish in the and are therefore physically separated drift of a unique [or nearly unique] Big Lost River may be genetically from the remainder of the populations allele) (D. Campton, pers. comm. 2007). differentiated from other populations of in the taxon. We therefore conclude that Under such conditions, genetic distance the species, the data demonstrate that there is substantial information may increase quickly, but is not in and the same can be said of many indicating that mountain whitefish in of itself indicative of biological populations of whitefish throughout the the Big Lost River may satisfy the significance (Hedrick 1999, pp. 315, species’ range; this widespread genetic discreteness criterion of the DPS policy. structuring of populations alone does 316). Significance We have no information, and the not indicate that each of these petitioner has offered none, to indicate individual populations may warrant If a population segment is considered that the fixation of this single consideration as a separate subspecies discrete, our DPS policy directs us to microsatellite allele may in any way be or species (Haig et al. 2006, p. 1588). We consider available scientific evidence of biologically important or significant to conclude that the petitioner did not the importance of this discrete the taxon as a whole. Such fixed allelic present substantial information population to the remainder of the taxon differences between geographically indicating that mountain whitefish in (species) to which it belongs. The policy

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suggests four potential factors to drainage basins within the range of the 1985, p. 691; Allendorf and Waples consider in evaluating significance: species, and other populations occur 1996, p. 257). 1. Persistence of the discrete within other physically isolated We likewise concluded that the population in an ecological setting settings, the petition information does petitioner had not provided substantial unusual or unique for the taxon, not indicate that the ecological setting of information indicating that the genetic 2. Evidence that loss of the discrete the Big Lost River is unique or unusual distance between mountain whitefish in population segment would result in a for the species. the Big Lost River and surrounding significant gap in the range of the taxon, We next evaluate whether the populations was so great as to merit 3. Evidence that the discrete mountain whitefish in the Big Lost classification as a separate subspecies or population segment represents the only River differ markedly from the species. Here, however, we must surviving natural occurrence of a taxon remainder of the species in its genetic address whether the petitioner has that may be more abundant elsewhere as characteristics. The petition contends provided us with substantial an introduced population outside its that mountain whitefish in the Big Lost information indicating that there may be historic range, or River meet the significance criterion of marked genetic differences between 4. Evidence that the discrete the DPS policy ‘‘given the high level of mountain whitefish found in the Big population segment differs markedly genetic, morphological, and physical Lost River and the remainder of the from other populations of the species in uniqueness of the Big Lost River species such that mountain whitefish its genetic characteristics. Mountain Whitefish to the species as a occurring in the Big Lost River may be The petitioner points to two of these considered significant to the taxon as a four factors in arguing for the whole.’’ As evidence, the petitioner states that ‘‘Big Lost River Mountain whole. The petitioner relies upon pages significance of a possible DPS, 14–15 in the ESF Status Report 2006 in contending that mountain whitefish Whitefish are isolated and evolving separately from all other whitefish support of its significance argument occupying the Big Lost River are regarding the genetic status of mountain significant ‘‘because it [mountain populations; the Big Lost River Mountain Whitefish have coloration and whitefish in the Big Lost River. whitefish] exists in a unique ecological The first part of the discussion on morphological differences— setting that has contributed to its genetic these pages cites the studies of Miller et morphologically Big Lost River differentiation, and because it differs al. (2005) and Campbell et al. (2005), Mountain Whitefish are distinct from all markedly in its genetic characteristics neither of which was directly available other mountain whitefish; Big Lost from other whitefish populations.’’ The to us. According to the ESF Status River Mountain Whitefish are fixed for petition asserts that the Big Lost River Report 2006, Miller et al. (2005) defined microsatellite alleles that are rare or not is a unique ecological setting because it two distinct clades of mountain is one of five so-called ‘‘sinks present in the surrounding rivers; whitefish and possibly four separate drainages’’ that are a collection of closed biologically, Big Lost River Mountain species, although the four possible surface drainage basins in southeastern Whitefish are an evolutionarily species are not identified, and Campbell Idaho, and that this physical isolation independent unit because they are et al. (2005) found evidence for three has led to genetic and other differences. isolated from surrounding populations large genetic assemblages of mountain The petitioner’s argument that the and have been for some time; and the whitefish, but neither reference mountain whitefish of the Big Lost River Big Lost River Mountain Whitefish is apparently specifically addresses occupy a unique ecological setting highly genetically differentiated from all mountain whitefish in the Big Lost relative to the rest of the species rests on other whitefish populations analyzed to River (ESF Status Report 2006, p. 14). the fact that the Big Lost River basin is date. [ESF] Status Report [2006], pp. 14– The ESF Status Report 2006 also cites a closed surface drainage basin. 15.’’ Whiteley (2002) as identifying mountain However, as noted earlier, the mountain We have already addressed in our whitefish from the Big Lost River as whitefish also occurs in isolated evaluation of whether this population genetically most similar to the Upper populations in sink drainages in the may be a separate species or subspecies, Snake River populations above Bonneville Basin in Utah and the the petition’s points regarding the Shoshone Falls. The ESF Status Report Lahontan Basin in California and fixation of a single microsatellite allele 2006 quotes from Whiteley (2002) that Nevada. Therefore, the mere fact that and the degree of genetic differentiation ‘‘This group is highly genetically these mountain whitefish are found in observed in mountain whitefish of the differentiated from all other populations a physically isolated drainage is not in Big Lost River. In short, we concluded analyzed to date. It is most genetically and of itself unique, unusual, or that the ESF Status Report 2006 had similar to populations from the upper significant to the species as a whole. overstated the findings of Whiteley and Snake River (above Shoshone Falls) In addition, other mountain whitefish Gamett 2002 by implying that more than * * * These fish also have coloration occur in other types of physically one microsatellite allele was fixed in and morphological differences, which isolated settings, such as above this population, when the abstract provides additional evidence that they impassable waterfalls (e.g., Big Wood indicates that they only detected the are highly differentiated from other River and Henry’s Fork of the Snake fixation of a unique allele at a single mountain whitefish populations’’ (ESF River in Idaho, or Bull River and microsatellite locus. We also found that Status Report 2006, p. 15). Thutade Lake in British Columbia; the petitioner had not provided As noted earlier, the Whiteley (2002) Whiteley et al. 2006, p. 2780). The substantial information to indicate that citation in the ESF Status Report 2006 petitioner does not provide any the fixation of this one microsatellite does not provide a reference to any information that the Big Lost river allele may be significant to the taxon as obtainable published work or data, and drainage is ecologically unusual or a whole, particularly since when we requested the information unique in any other way (e.g., in terms microsatellites are considered likely to from the author, he informed us that the of prey species, community be neutral markers (Ashley and Dow quotations cited in the ESF Status composition, water chemistry, 1994, p. 185), and fixed allelic Report 2006 were from an unpublished substrate), apart from its physical differences between isolated report to a funding agency, and isolation. As other populations of populations of freshwater fishes are not provided us with a more recent mountain whitefish also occur in closed considered to be uncommon (Gyllensten published paper, Whiteley et al. (2006)

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(A. Whiteley, pers. comm. 2007a, b). the cytochrome–b gene of mitochondrial the ‘‘significance’’ prong of the DPS This publication was also available to us DNA (mtDNA). These data reveal that policy we are required to apply a in our files. Similar to the described populations of mountain whitefish in different and specific set of criteria. findings of Campbell et al. 2005, general, and not just in the Big Lost Based on the information in the petition Whiteley et al. (2006) found evidence River, are characterized by fixed, or and our files, we do not find substantial for three large genetic assemblages of nearly fixed, haplotypic differences or reliable information indicating that mountain whitefish in the Pacific between populations: Only 2 haplotypes mountain whitefish in the Big Lost Northwest, which they termed Cascadia, out of 18 were shared by multiple River may be considered any more the Upper Missouri, and Upper Snake. populations (Campbell and Cegelski distinct genetically than any of several As described above, mountain 2005, pp. 4–5). other populations of mountain whitefish whitefish in the Big Lost River were one The possession of a unique haplotype examined, all of which may well be of several populations included within is therefore not unique to the mountain argued to merit conservation efforts the Upper Snake assemblage. Although whitefish of the Big Lost River; on the outside of the realm of the Act. described as the ‘‘most genetically contrary, the publication by Campbell As noted above, the most recent divergent’’ site in that assemblage, this and Cegelski (2005) demonstrates that genetic work (Whiteley et al. 2006) publication identifies several other most populations of mountain whitefish indicates that there are several populations of mountain whitefish that, sampled possess unique haplotypes. For physically isolated populations of due to their physical isolation, exhibit example, in a sample of 7 individuals mountain whitefish that, as expected low levels of within-population genetic from the Boise River, the researchers under a scenario of reduced gene flow, variation (Big Lost River, Big Wood identified 3 different haplotypes not show some divergence from their River, Bull River, and Thutade Lake) observed in any of the 10 other presumed common populations of and that demonstrate a high degree of populations sampled. The Big Lost origin. Particularly when a population genetic differentiation, presumably due River population possessed one unique has gone through a presumed to reduced gene flow as a result of haplotype, Haplotype 9. An analysis of bottleneck, as evidenced by the lack of physical barriers (Big Lost River, the percent sequence divergence data microsatellite variation observed in Henry’s Fork and several Bonneville presented in Figure 4 (Campbell and mountain whitefish in the Big Lost Basin sites) (Whiteley et al. 2006, pp. Cegelski 2005, p. 6) demonstrates that River, the amount of genetic distance is 2780–2781). Thus the mountain Haplotype 9 in the Big Lost River expected to increase very quickly whitefish found in the Big Lost River are population differs from Haplotype 8 in (Hedrick 1999, p. 315). Such increased not particularly distinctive or unique the Henry’s Fork population by 0.33 distance does not, however, genetically in relation to the species as percent. This degree of divergence is far automatically confer biological a whole, as several other isolated less than that observed between other significance in the absence of any populations of the species exhibit populations of whitefish examined in indication of adaptive differences. The similar levels of genetic variability and this study, especially as compared to research clearly indicates that differentiation. populations in the Lower Snake River throughout the relatively broad range In a personal communication to the assemblage. Haplotype 6, for example, sampled, most populations of mountain Service, Mr. Whiteley also indicated from the Boise River, differs from whitefish have diverged to the point of that mountain whitefish in the Big Lost Haplotype 5 observed within the same possessing unique haplotypes, and that River ‘‘fall into the upper Snake River population by 1.49 percent. other populations of mountain whitefish group and thus are not completely Campbell and Cegelski (2005) also exhibit a greater degree of genetic differentiated from all other whitefish found evidence for three broad genetic divergence than observed in mountain populations analyzed to date’’ (A. assemblages of mountain whitefish, whitefish from the Big Lost River Whiteley, 2007b). He went on to state which they term the Upper Snake River, (Campell and Cegelski 2005, Figure 3). that the degree of differentiation for Lower Snake River, and Upper Missouri Mountain whitefish in general appear to mountain whitefish in the Big Lost River, and found that mountain exhibit a high degree of genetic River is the greatest he has observed, whitefish from the Big Lost River, which structure between populations, as and that it is the single most divergent have been isolated within that drainage, observed in many species of freshwater population from other nearby fall within the Upper Snake River Basin fishes (Gyllensten 1985, p. 691; populations in the species’ range. While assemblage. The authors conclude that Allendorf and Waples 1996, p. 257; we acknowledge that mountain their results, in conjunction with Whiteley et al. 2006, p. 2783). The whitefish in the Big Lost River may be ‘‘previous research indicating that petition does not provide substantial genetically distinguished from other mountain whitefish in the Big Lost evidence that the mountain whitefish in nearby populations, the petitioner [River] appear to be genetically and the Big Lost River are any more different provides no data to support the morphologically distinct’’ (citing than any of several other populations of contention that this degree of Whiteley and Gamett 2003 [sic; 2002]), whitefish throughout the species’ range. divergence may be considered a marked justify conserving the mountain In addition to genetics, the petitioner level of differentiation, particularly in whitefish occurring in the Big Lost River contends that differences in coloration light of the fact that other populations independent of other populations in the and morphology of mountain whitefish of mountain whitefish, such as those in larger genetic assemblage to which they in the Big Lost River provide additional the Boise River, show a greater degree belong. evidence that they are ‘‘highly of difference, as described below. We encourage the conservation of differentiated’’ from all other In considering the potential genetic mountain whitefish and other native populations, citing the ESF Status distinctiveness of mountain whitefish in species as components of the natural Report 2006, pp. 14–15. The ESF Status the Big Lost River, we evaluated the biodiversity of the Big Lost River. Report 2006 contains no data or other recent work of Campbell and Cegelski However, the desirability of conserving analysis to support its assertions (2005), available in our files, which mountain whitefish is not the same regarding color and morphological examined the phylogeography of issue as whether the mountain whitefish differences, but cites Whiteley (2002) as mountain whitefish in Idaho, Utah, and found in the Big Lost River may qualify the source of this information; however, Montana based on sequence analyses of as a listable entity under the Act. Under as described earlier, no obtainable

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reference is available (ESF Status Report the additional information provided by policy. Although we are not 2006, p. 18). When we contacted the Mr. Whiteley (A. Whiteley, pers. comm. commencing a status review in response author and asked if he could provide us 2007a). Even considering this additional to this petition, we will continue to with the data demonstrating the information, our conclusion remains the monitor the status and trends, potential referenced coloration and same. threats, and ongoing management morphological differences. Mr. Whiteley DPS Conclusion actions that might affect mountain replied, ‘‘I don’t have any data on whitefish in the Big Lost River. We morphological variation for whitefish Our DPS policy directs us to evaluate encourage interested parties to continue from the Big Lost. The references you the significance of a discrete population to gather data that will assist with cite all go back to personal observations in the context of its importance to the conservation of mountain whitefish in by myself’’ (A. Whiteley, pers. comm., remainder of the taxon. Based on an the Big Lost River basin. If you wish to 2007a). analysis of the information presented by provide information regarding mountain Although he believes that ‘‘whitefish the petitioner, Service staff expertise, whitefish in the Big Lost River, you may in the Big Lost [River] look different,’’ and information within our files, our submit your information or materials to Mr. Whiteley stated that ‘‘these traits evaluation indicates that the genetic, the Field Supervisor, Snake River Fish have not been quantified’’ (A. Whiteley, morphological, and coloration and Wildlife Office (see ADDRESSES). pers. comm. 2007a). This suggests that differences cited by the petitioner do the authors of the ESF Status Report not indicate that mountain whitefish References Cited 2006 erred in alluding to ‘‘phenotypic found in the Big Lost River may differ A complete list of all references cited studies’’ if, in fact, they were referring markedly from other populations of is available on request from the Snake to a researcher’s personal observations mountain whitefish such as to be River Fish and Wildlife Office (see (ESF Status Report 2006, p. 6). significant to the species as a whole. ADDRESSES). Therefore, we do not consider the Therefore, the differences do not rise to statement in the ESF Status Report 2006 the level of significance under the Author to this effect to be reliable. criteria set by our DPS policy. Because The primary author of this notice is We accept Mr. Whiteley’s description the mountain whitefish occupying the the Snake River Fish and Wildlife Office (A. Whiteley, pers. comm. 2007a) that Big Lost River fail to meet the (see ADDRESSES). mountain whitefish from the Big Lost significance criteria for a DPS under the River may differ in color and form. policy, we have determined that they do Authority However, based purely on Mr. not constitute a listable entity under the The authority for this action is the Whiteley’s opinion of the nature of Act. We also note that the petitioner did Endangered Species Act of 1973, as these differences (shorter heads and not petition us to list the Big Lost River amended (16 U.S.C. 1531 et seq.). possibly differing in body shape), we mountain whitefish on the basis of a Dated: October 15, 2007. conclude that the petitioner has not significant portion of the species’ range, provided us with substantial and nor did the petitioner provide specific Kenneth Stansell, reliable information to support the information indicating that the Acting Director, U.S. Fish and Wildlife claim that the mountain whitefish in the mountain whitefish within the Big Lost Service. Big Lost River have a ‘‘high level of River basin represented a significant [FR Doc. E7–20767 Filed 10–22–07; 8:45 am] [genetic], morphological and physical portion of the range of the species. BILLING CODE 4310–55–P uniqueness * * * to the species as a Therefore, we did not specifically whole.’’ We have no evidence before us analyze whether the mountain whitefish to suggest that any differences in color in the Big Lost River basin represented DEPARTMENT OF COMMERCE a significant portion of the range of the or morphology that may exist are National Oceanic and Atmospheric anything other than natural phenotypic species. Administration variation that is often observed in Finding different populations of fish. Natural variation in characteristics We have reviewed and evaluated the 50 CFR Part 622 such as body shape in fish is commonly petition and literature cited in the [Docket No. 0612243157–7232–03] attributable to environmental factors, petition in relation to information such as water temperature during available to us. On the basis of this RIN 0648–AT87 development (e.g., Barlow 1961). review and evaluation, we find that the Fisheries of the Caribbean, Gulf of Additionally, many fish exhibit a petition does not present substantial Mexico, and South Atlantic; Reef Fish considerable degree of intraspecific scientific information to indicate that Fishery and Shrimp Fishery of the Gulf variation in morphology, which has listing the mountain whitefish in the Big of Mexico; Amendment 27/14 been experimentally demonstrated to be Lost River of Idaho may be warranted. the result of phenotypic plasticity in This finding is based on lack of AGENCY: National Marine Fisheries response to the environment rather than substantial information indicating that Service (NMFS), National Oceanic and a heritable response to selection (e.g., the mountain whitefish occurring in the Atmospheric Administration (NOAA), Mittelbach et al. 1999). Head depth is a Big Lost River qualify as a listable entity Commerce. common plastic trait in fish related to under section 3(16) of the Act. We find ACTION: Proposed rule; request for diet (e.g., Day et al. 1994). We have no that mountain whitefish occurring in comments. information in our files, nor has the the Big Lost River do not constitute a petitioner provided any substantial separate species or subspecies, and SUMMARY: NMFS issues this proposed information, to suggest that any although they may be considered rule that would implement a joint apparent differences in morphology or discrete, neither the petition nor our Amendment 27 to the FMP for the Reef coloration of the mountain whitefish are files contain substantial information to Fish Resources of the Gulf of Mexico in any way biologically meaningful such indicate that this population may be (Reef Fish FMP) and Amendment 14 to that they may be significant to the biologically or ecologically significant the Fishery Management Plan (FMP) for species as a whole. We also considered according to the criteria under our DPS the Shrimp Fishery of the Gulf of

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Mexico (Shrimp FMP)(Amendment 27/ Copies of Amendment 27/14, which plan cannot be implemented by 14) prepared by the Gulf of Mexico include a supplemental environmental December 12, 2007, additional rule- Fishery Management Council (Council). impact statement (SEIS), an initial making may be required to implement This proposed rule would reduce the regulatory flexibility analysis (IRFA), a one or more of the measures contained commercial and recreational quotas for regulatory impact review (RIR), and a in Amendment 27/14 on an interim red snapper, reduce the commercial fishery impact statement, may be basis. minimum size limit for red snapper, obtained from the Gulf of Mexico Therefore, to reduce fishing mortality reduce the recreational bag limit for red Fishery Management Council, 2203 and maintain stock rebuilding in the snapper, prohibit the retention of red North Lois Avenue, Suite 1100, Tampa, interim, NMFS published a temporary snapper under the bag limit for the FL 33607; telephone 813–348–1630; fax rule, effective May 2, 2007 (72 FR captain and crew of a vessel operating 813–348–1711; e-mail 15617, April 2, 2007). The temporary as a charter vessel or headboat, require [email protected]; or may be rule reduced the recreational quota from the use of non-stainless steel circle downloaded from the Council’s Web 4.47 million lb (2.03 million kg) to 3.185 hooks when using natural baits to fish site at http://www.gulfcouncil.org/. million lb (1.445 million kg), and the for Gulf reef fish, require the use of FOR FURTHER INFORMATION CONTACT: commercial quota from 4.65 million lb venting tools and dehooking devices Peter Hood, telephone 727–824–5305; (2.11 million kg) to 3.315 million lb when participating in the commercial or fax 727–824–5308; e-mail (1.504 million kg). The recreational bag recreational reef fish fisheries, and [email protected]. limit was reduced from four fish to two provide for seasonal closures of the Gulf fish per person per day to constrain the SUPPLEMENTARY INFORMATION: The reef recreational harvest to its quota during shrimp fishery to reduce red snapper fish and shrimp fisheries of the Gulf of bycatch consistent with the the existing April 21 through October 31 Mexico are managed under their fishing season. The commercial Amendment’s framework procedure. In respective FMPs (Reef Fish FMP and addition, the proposed rule would minimum size limit was reduced from Shrimp FMP). The FMPs were prepared 15 inches (38 cm) total length (TL) to 13 establish a target reduction of shrimp by the Gulf of Mexico Fishery trawl bycatch mortality of red snapper, inches (33 cm) TL to reduce discard Management Council (Council) and are mortality. To reduce red snapper assume a 10-percent reduction in post- implemented through regulations at 50 hurricane fishing effort and landings bycatch mortality in the shrimp fishery, CFR part 622 under the authority of the a target reduction goal was established when evaluating alternative TACs and Magnuson-Stevens Fishery management measures or in the to reduce red snapper bycatch mortality Conservation and Management Act by at least 50 percent compared to the alternative, not assume the 10% effort (Magnuson-Stevens Act). reduction, and establish a framework bycatch mortality rate during the 2001– procedure to adjust the target effort level Background 2003 time period. Under the Magnuson- and closed season for the Gulf shrimp Stevens Act, NMFS has the ability to Multiple fisheries influence the status extend these interim measures if fishery. The measures contained in this of the red snapper stock in the Gulf of proposed rule are intended to satisfy a necessary. Mexico, including the commercial and The measures in the temporary rule U.S. District Court Order to establish a recreational red snapper fisheries and and this proposed rule are consistent revised red snapper rebuilding plan by the shrimp trawl fishery, which takes with the March 12, 2007 Court ruling. December 12, 2007, and to end red snapper incidentally when The measures in the proposed rule are overfishing of the red snapper resource harvesting shrimp. A 2005 stock designed to address long-term in the Gulf of Mexico. assessment concluded the Gulf of reductions in red snapper fishing DATES: Written comments must be Mexico red snapper stock is overfished mortality rates of the directed red received on or before December 7, 2007. and undergoing overfishing, and red snapper fisheries, shrimp fishery, and ADDRESSES: You may submit comments snapper fishing mortality rates are too other reef fish fisheries. on the proposed rule by any of the high in both the directed and shrimp following methods: fisheries. In response to the 2005 Revised Rebuilding Plan • E-mail: 0648–AT87.Proposed27– assessment, the Council began drafting The proposed actions are intended to [email protected]. Include in the subject line Amendment 27/14 to address implement revisions to the Council’s the following document identifier: overfishing and revise the red snapper red snapper rebuilding plan with a goal 0648–AT87.Proposed27–14. rebuilding plan. In August 2006, the of having at least a 50-percent • Federal e-Rulemaking Portal: Council voted to delay consideration of probability of ending overfishing for red http://www.regulations.gov. Follow the the amendment until January 2007, snapper between 2009 and 2010 and instructions for submitting comments. pending completion of 2006 recreational rebuilding the stock to the biomass level • Mail: Peter Hood, Southeast effort and landings data and shrimp associated with maximum sustainable Regional Office, NMFS, 263 13th effort data. yield (MSY) by 2032. Under the Avenue South, St. Petersburg, FL 33701. On March 12, 2007, the United States proposed actions, the probability of • Fax: 727–824–5308; Attention: District Court for the Southern District ending overfishing by 2010 is estimated Peter Hood. of Texas, Houston Division, issued a to be greater than 50 percent. The Instructions: All comments received ruling on legal challenges to the current annual total allowable catch (TAC) are a part of the public record and will red snapper rebuilding plan contained during the first 3 years of the plan is 0.3 generally be posted to http:// in Amendment 22 to the Reef Fish FMP million lb (0.136 million kg) lower than www.regulations.gov without change. (Coastal Conservation Association v. the maximum annual TAC allowed All Personal Identifying Information (for Gutierrez et al., Case No. H–05–1214, under the rebuilding projections. example, name, address, etc.) consolidated with Gulf Restoration Although the rebuilding plan does not voluntarily submitted by the commenter Network et al., v. Gutierrez et al., Case account for additional reductions in may be publicly accessible. Do not No. H–05–2998). The Court required a release mortality expected from the submit Confidential Business new rebuilding plan by December 12, proposed required use of circle hooks, Information or otherwise sensitive or 2007. However, consistent with the dehooking devices, and venting tools, protected information. Court ruling, if the revised rebuilding these proposed measures would further

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increase the probability of ending proposed two-fish bag limit would recreational minimum size limit would overfishing by 2010. Also, NMFS allow a June 1 through September 15 have substantially shortened the fishing continues to develop bycatch reduction (107-day) recreational fishing season. In season to compensate for increases in devices (BRDs) which promise better addition to the two-fish bag limit, angler catch rates. Although most performance than those presently used constraining the captain and crew of for- anglers preferred a longer fishing in the shrimp fishery. hire vessels to a zero-fish bag limit season, they did not support a further Beginning in 2011, the recommended would allow the fishing season to be reduction of the bag limit to one fish to revisions to the rebuilding plan would extended through the end of September further extend the fishing season allow for harvest levels to begin (122 days). Based on extensive public because a one-fish bag limit was increasing, while maintaining greater comment, the Council chose to assume considered too low to provide a than a 50-percent probability of a 10-percent reduction in post-hurricane satisfactory recreational fishing trip. rebuilding the red snapper stock by the fishing effort and landings when target date of 2032. Future TACs and Measures To Reduce Bycatch Mortality evaluating recreational management in the Directed Fishery quotas are modeled around yields measures. Application of this associated with a fishing mortality assumption, along with implementation Reductions in red snapper bycatch producing MSY (proxy = 26-percent of the two-fish bag limit and the zero- (regulatory discards) are needed in all spawning potential ratio), in association fish captain and crew limit of for-hire sectors of the directed red snapper with achieving needed reductions in vessels, would allow the recreational fishery to reduce overfishing in the bycatch and discard mortality in both fishing season to extend from May 15 short term and to recover the stock over the directed and shrimp fisheries. Under through October 15 (154 days). the long term. The proposed rule would the recommended revisions to the Although preliminary data suggest some reduce the commercial size limit from rebuilding plan, the TAC would declines have occurred since the 2005 15 inches (38 cm) TL to 13 inches (33 increase to 7.0 million lb (3.175 million hurricane season, the magnitude of cm) TL. This reduction in the size limit kg) in 2011, and reach 14.0 million lb reductions varies by fishing sector, is is expected to reduce dead discards by (6.35 million kg) by 2032. The often less than 10 percent, and in some 40 to 60 percent and allow the stock to recommended revisions to the cases effort or landings have increased. recover in a shorter time period. The rebuilding plan would also allow the Further, it is unknown how long post- proposed rule would also require the shrimp bycatch mortality reduction hurricane reductions in landings and use of circle hooks, venting tools, and dehooking devices to reduce bycatch target to drop from 74 percent in 2008 fishing effort may continue as the and bycatch mortality when fishing for to 67 percent in 2011, and thereafter, the fisheries recover. The Council’s Gulf reef fish in the exclusive economic target would decline at a constant rate recommended alternative for Action 1 of zone (EEZ). It is unknown to what from 67 to 60 percent by 2032. Amendment 27/14 includes, among Any change made to the rebuilding extent bycatch or bycatch mortality will other things, a recreational fishing plan and implementing measures, be reduced by these gears, but all of season of 107 days, which when however, is contingent on successfully these gears have been shown to increase coupled with the zero captain and crew ending overfishing in the next 3 years the survival of released fish. bag limit, results in a 122-day and would require further action be recreational season (June 1–September). Measures To Reduce Shrimp Trawl recommended by the Council and However, the Council’s recommended Bycatch Mortality subsequently approved by NMFS. To alternative for Action 2 would apply an increase the probability of successfully To end overfishing of red snapper assumed 10-percent reduction in post- rebuilding the red snapper stock, the between 2009 and 2010, the 2005 hurricane recreational fishing effort to rebuilding plan and management assessment for red snapper indicated measures would be reviewed and the measures in Action 1. Doing so the benchmark 2001–2003 level of red adjusted, as necessary, based on results in a recreational fishing season snapper bycatch mortality attributable periodic stock assessments. of 154 days. In light of the foregoing to shrimp fishing must be reduced by 74 discussion, NMFS proposes the percent. The proposed rule would Measures To Reduce Directed Fishing recommended recreational season in establish an initial reduction target 74 Mortality Action 1, 107 days, coupled with the percent less than the benchmark. The To reduce fishing mortality and end zero captain and crew bag limit, which proposed rule would also describe the overfishing of the red snapper stock in results in a 122-day recreational season process by which the target goals for the Gulf of Mexico, the proposed rule (June 1–September). NMFS also bycatch mortality could be reduced over would reduce the existing quotas for the proposes, in the alternative, the longer time, consistent with the stock commercial and recreational fisheries. 154-day recreational fishing season rebuilding plan and subsequent stock The proposed rule would establish a resulting from the Council’s assessments, through appropriate commercial quota of 2.55 million lb recommended alternative for Action 2. rulemaking. If stock rebuilding targets (1.16 million kg) and a recreational NMFS specifically requests comments are met over the next 3 years and quota of 2.45 million lb (1.11 million on the assumed 10-percent reduction in overfishing is ended, the target bycatch kg). Because of the individual fishing effort and landings as recommended in mortality goal for the shrimp fishery quota program in the commercial Amendment 27/14, which would affect would then be decreased to 67 percent fishery, no measures are proposed to the designation of the length of the of the 2001–2003 benchmark beginning further constrain commercial harvest to recreational fishing season established in 2011. Thereafter, the target goal its 2.55 million lb (1.16 million kg) by this rule. would be reduced at a constant rate to quota, but measures are proposed to The existing 16-inch (41-cm) TL achieve a target reduction goal of 60 constrain the recreational harvest to its recreational minimum size limit would percent less than the benchmark by quota of 2.45 million (1.11 million kg). remain unchanged. Public comments 2032. However, any such change would The Council considered various size during development of the amendment occur only after the Council and NMFS limit and bag limit combinations which indicated most anglers preferred a reviewed updated information regarding would determine the length of the longer fishing season rather than a lower the status of the red snapper stock and recreational fishing season. The minimum size limit. Lowering the the rebuilding projections.

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Subsequent to the benchmark years of geographical scope and duration of a to two fish and the bag limit for captain 2001–2003, effort in the offshore shrimp closure needed to meet the bycatch and crew of for-hire vessels to zero, fishery has declined dramatically due to mortality reduction target, and reduce the commercial minimum size external economic issues, such as implement a closure intended to begin limit from 15 inches (38 cm) TL to 13 increasing fixed costs (fuel, ice, etc.), on the same date and time as the Texas inches (33 cm) TL, require participants imports, and stagnant shrimp prices. closure. Coordinating the timing of the in all Gulf reef fish fishery sectors to use Juvenile red snapper are more abundant framework closure with that of the long- non-stainless steel circle hooks (when in the 10–30 fathom (18–55 m) depth standing Texas closure would facilitate using natural baits) and to use venting strata from Mobile Bay, Alabama, to enforcement efforts by simplifying tools and dehooking devices, and Brownsville, Texas, and effort regulations for both fishermen and law provide for seasonal area closures of the reductions in this particular area are enforcement agents. If the RA Gulf shrimp fishery to reduce red substantial. Effort within this area can determines that a framework closure is snapper bycatch consistent with be used as a proxy for bycatch mortality necessary, the closure falls within the Amendment 27/14’s framework on juvenile red snapper. Bycatch scope of the potential closures evaluated procedure. In addition, the proposed mortality on juvenile red snapper in in the FMP such as coordination of any rule would assume a 10-percent 2005 for the 10–30 fathom (18–55 m) closure with the Texas closure, and reduction in recreational red snapper depth strata was approximately 60 good cause exists to waive notice and effort and landings due to hurricane percent less than the benchmark 2001– comment pursuant to the effects or in the alternative, not assume 2003 period, and in 2006, bycatch Administrative Procedure Act, NMFS the 10-percent effort reduction, establish mortality was 65 percent less than the will implement the closure by a target reduction goal for shrimp trawl benchmark period. Early estimates for publication of a final rule in the Federal bycatch mortality on red snapper, 2007 suggest effort in the Gulf shrimp Register. If such good cause waiver is establish options for time-area closures fishery may be lower than in 2006. not justified, NMFS will implement the for the shrimp fishery that would To ensure the remaining reductions closure via appropriate notice and maintain the target reduction goal, and needed to meet the 74-percent target, comment rulemaking. establish a framework whereby NMFS the proposed rule would set forth the could adjust the target reduction goal Classification procedure by which NMFS would and time-area closures. NMFS establish seasonal area closures for the Pursuant to section 304(b)(1)(A) of the specifically requests comments on the Gulf shrimp fishery consistent with the Magnuson-Stevens Act, I have assumed 10-percent reduction in effort framework procedures established in determined that this proposed rule is and landings as recommended in Amendment 27/14. Such closures, if consistent with Amendment 27/14, Amendment 27/14, which would affect necessary, would be established within other provisions of the Magnuson- the designation of the length of the some or all of the area that approximates Stevens Act, and other applicable law, recreational fishing season established the 10–30 fathom (18–55 m) depth strata subject to further consideration after by this rule. from Mobile Bay, Alabama, to the public comment. The purpose of this proposed rule is Louisiana-Texas boundary. The This proposed rule has been to reduce red snapper catch, bycatch, proposed rule identifies an eastern zone, determined to be significant for and discard mortality in the directed a Louisiana zone, and a Texas zone, purposes of Executive Order 12866. commercial and recreational fisheries bounded by coordinates marking the NMFS prepared a SEIS for this and the shrimp fishery in order to end maximum closed area. The geographical amendment. A notice of availability for overfishing for red snapper between scope and duration of the closure would the draft SEIS was published on April 2009 and 2010 and rebuild the stock by be dependent on the level of effort 20, 2007 (72 FR 19928). A notice of 2032 in compliance with the red reduction needed to meet the 74-percent availability for the final SEIS was snapper rebuilding plan. reduction target. As an example, if the published on August 3, 2007 (72 FR No duplicative, overlapping or closure included the maximum area 43271). conflicting Federal rules have been defined and covered the typical 60-day NMFS prepared an IRFA, as required identified. time period of the Texas closure, based by section 603 of the Regulatory Management actions considered in on the level of effort expended in this Flexibility Act, for this proposed rule. this proposed rule are expected to affect area during recent years, such a closure The IRFA describes the economic all vessels that operate in the would provide as much as a 24-percent impact this proposed rule, if adopted, commercial red snapper fishery, all reduction in fishing mortality on would have on small entities. A vessels that have a Federal reef fish for- juvenile red snapper. Should additional description of the action, why it is being hire permit, and all dealers and closure of the shrimp fishery be needed considered, and the objectives of, and processors that handle product from after reopening Federal waters off Texas legal basis for this action are contained these fisheries. Although this proposed in July, the closure could be expanded at the beginning of this section in the rule contains actions that pertain to the to include waters off Texas as well as preamble and in the SUMMARY section of commercial shrimp fishery, these areas east of Texas. the preamble. A copy of the full analysis actions are not expected to impose any To implement such a closure in is available from the Council (see direct adverse impacts on the fishery or accordance with the framework ADDRESSES). A summary of the IRFA associated entities. procedures established in Amendment follows. Prior to the January 2007 27/14, on or about March 1, NMFS The Magnuson-Stevens Act provides implementation of the red snapper would use the most recent 12-month the statutory basis for the proposed rule. individual fishing quota program (IFQ), period of shrimp effort data available, The proposed rule would reduce the 136 entities held Class 1 licenses that and assess the level of effort within the commercial quota from 4.65 million lb allowed a commercial vessel trip limit areas where red snapper are abundant. (2.14 million kg) to 2.55 million lb (1.16 of up to 2,000 lb (907 kg) of red snapper The NMFS Southeast Regional million kg) and the recreational quota and 628 entities held Class 2 licenses Administrator would, based on an from 4.47 million lb (2.06 million kg) to that allowed a trip limit of up to 200 lb assessment from the NMFS Southeast 2.45 million lb (1.11 million kg), reduce (91 kg) of red snapper. Between 2002 Fisheries Science Center, determine the the recreational bag limit from four fish and 2004, the top 50 red snapper vessels

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in terms of landings harvested 2.77 fish vessels with Federal permits are operated, is not dominant in its field of million lb (1.26 million kg) of red required to sell their harvest only to operation (including its affiliates), and snapper, on average, or 64 percent of the permitted dealers. From 1997 through has total annual average receipts not in industry total. Vessels ranked 51 to 131 2002, on average, 154 reef fish dealers excess of $4.0 million annually (NAICS harvested 1.29 million lb (0.59 million actively bought and sold red snapper. codes 114111 and 114112, finfish and kg), on average, or 30 percent of the These dealers were distributed around shellfish fishing). For for-hire vessels, industry total for the same period. Thus, the Gulf as follows: 7 in Alabama, 96 in these same criteria apply except that the the top 131 red snapper vessels Florida, 22 in Louisiana, 7 in annual receipts threshold is $6.5 million accounted for approximately 94 percent Mississippi, and 22 in Texas. On (NAICS code 713990, recreational of the total industry red snapper average, Florida dealers purchased industries). For seafood processors and landings. Red snapper are mainly approximately $1.8 million of red dealers, the SBA uses an employee harvested by fishermen using vertical- snapper, followed by Louisiana ($1.4 threshold rather than a receipts line gear. These fishermen accounted for million), Texas ($1.3 million), threshold. The threshold is 500 or fewer approximately 90 percent of commercial Mississippi ($174,000), and Alabama persons on a full-time, part-time, red snapper Gulf harvests, on average, ($88,000). These dealers may hold temporary, or other basis, at all its between 2002 and 2004. permits for multiple fisheries, but it is affiliated operations worldwide for a Average annual gross receipts (2004 not possible to determine what seafood processor and 100 or fewer dollars) and net income (gross receipts percentage of their total business comes persons for a seafood dealer. minus all costs) per vessel vary by gear from the red snapper fishery. Some persons/entities are known to type, area fished, and volume of catch. Although it is unknown how many own multiple vessels (i.e. fleet High-volume vessels using vertical lines eligible shrimp permit holders will operations) in the commercial red averaged gross receipts and net income apply for moratorium permits and, thus, snapper fishery and in the commercial of $110,070 and $28,466 in the northern would be potentially affected by this reef fish fisheries in general, but the Gulf, but only $67,979 and $23,822 in action, 2,666 vessels would qualify for extent of such operations is unknown. the eastern Gulf. Low-volume vessels the shrimp permit and are assumed to The maximum number of reef fish using vertical lines averaged gross constitute the potentially affected permits reported owned by the same receipts and net income of $24,095 and universe of shrimp vessels. The average person/entity is 6 permits. Additional $6,801 in the northern Gulf, but $24,588 annual gross revenue (all harvest permits and the revenues associated and $4,479 respectively in the eastern species) per qualifying vessel in 2005 with those permits may be linked to an Gulf. Vessels using bottom longlines was approximately $116,000, while the entity through affiliation rules, but such averaged gross receipts and net income comparable figure for qualifying vessels affiliation links cannot be made using of $116,989 and $25,452 for high- active in the Gulf shrimp fishery, i.e., existing data. Further, a definitive volume vessels, but only $87,635 and vessels with recorded shrimp landings determination of whether any $14,978 respectively for low-volume in 2005, was approximately $152,000. In commercial entity would be considered vessels. the same year, the maximum annual a large entity cannot be made using The current fleet permitted to operate gross revenue from shrimp by a vessel average revenue information. However, in the Gulf reef fish for-hire sector is was approximately $757,000 for both all since the average total revenue in the estimated to be 1,625 vessels. The for- qualifying and active qualifying vessels, commercial red snapper fishery between hire fleet is comprised of charterboats, whereas the figure for all harvest species 2002 and 2004 was $11.652 million, which charge a fee on a vessel basis, and was approximately $1.89 million by an given the number of license holders in headboats, which charge a fee on an inactive qualifier and $757,000 for an the fishery is 764, the summary individual angler (head) basis. The active qualifier. statistics and the maximum number of average charterboat is estimated to The most recent projection of permits owned by a single person/entity generate $76,960 in annual revenues performance in the commercial shrimp provided above, NMFS determined that and $36,758 in annual profits, whereas fishery indicated that the average vessel, all commercial reef fish harvest entities the appropriate values for the average across all vessel size categories, that would be affected by this action are headboat are $404,172 and $338,209, experienced a negative 33-percent rate small entities. respectively. On average, both of return and that economic losses Fleet operations also exist in the for- charterboats and headboats operate at would continue until 2012. Thus, hire sector, with at least one entity about 50 percent of their passenger almost any but the most minor reported to hold 12 permits. The bulk of capacity per trip. additional financial burden would be the fleet, however, consists of single The measures in this action would expected to generate a significant permit operations. Thus, based on the also be expected to affect fish dealers, adverse impact on affected vessels and average revenue figures above, all for- particularly those that receive red potentially hasten additional exit from hire operations affected by this snapper from harvesting vessels. A the fishery. proposed rule are small entities. Federal permit is required for a fish In 2005, 609 dealers were identified Average employment per reef fish dealer to receive reef fish from operating in the commercial shrimp dealer is unknown. Although dealers commercial vessels, and there are 227 fishery. Employment information for and processors are not synonymous dealers currently permitted to buy and this sector is not available. In 2005, 60 entities, total employment for reef fish sell reef fish species. All reef fish processors in the shrimp fishery were processors in the Southeast is processors would be included in this identified, employing approximately approximately 700 individuals, both total because all processors must be 3,400 persons, or an average of 56 part and full time. While all processors dealers. Most of these dealers are employees per entity. The maximum must be dealers, a dealer need not be a located in Florida (146), with 29 in number of employees for a shrimp processor. Further, processing fish is a Louisiana, 18 in Texas, 14 in Alabama, processor in 2005 was 353. much more labor intensive than buying 5 in Mississippi, and 15 in states The Small Business Administration fish. Therefore, given the employment outside the Gulf. In addition, vessels (SBA) defines a small business in the estimate for the processing sector and identify the dealers who receive their commercial fishing industry as an entity the number of dealers that participated fish on logbook reports. Commercial reef that is independently owned and in the fishery on average per year from

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1997–2002 (154 dealers), NMFS vessels that might face greater economic largest (65 ft (19.8 m)) vessel length assumed that the maximum number of losses is not possible with available class considered, the fleet would be employees for reef fish dealers and data. However, in general, the average composed of either ninety-five 35-ft processors are unlikely to surpass the impact per vessel will vary inversely (10.7-m) vessels or thirty-nine 65-ft SBA employment benchmarks. with the number of vessels included in (19.8-m) vessels. The average annual net Therefore, all reef fish dealers and this core group. For example, if operating revenue per vessel within processors affected by this proposed expected economic impacts were borne each vessel size class was estimated at rule are small entities. by 10 to 25 percent of the fleet, average $274,000 and $667,000, respectively. While gross revenues vary between losses in net operating revenue per Under the proposed 2.55 million lb shrimp vessels of different physical size, vessel would be expected to range from (1.16 million kg) commercial quota, these differences do not affect the approximately $2,700 to $6,800. projected losses in net operating assessment of maximum gross revenue The assessment of impacts on for-hire revenues to owners, captains, and crew per vessel and the subsequent profits was based on the recreational in the commercial sector are estimated determination of whether shrimp quota and not season length. Although to be approximately $11.5 million. The vessels constitute large or small entities. industry comment indicated that a fleet would be composed of either fifty- As with the other sectors, fleet longer open season was preferable to a two 35-ft (10.7-m) or twenty-two 65-ft operations are known to exist in the shorter season, regardless of total (19.8-m) vessels, representing a commercial shrimp fishery, but the allowable catch, and would result in reduction of either forty-three 35-ft magnitude of such cannot be less economic losses, estimating the (10.7-m) vessels or seventeen 65-ft (19.8- determined using available data. Given differential economic impacts of season m) vessels. For each of these potential these findings, and the maximum length was not possible with available fleets, the corresponding average net revenue per vessel figures noted above, data, and the estimated reduction in for- operating revenue for remaining vessels NMFS determined that all shrimp hire profits as a result of the proposed was estimated at $278,000 and vessels that could be affected by this recreational quota is neutral with $665,000, respectively. Average short- proposed rule are small entities. respect to season length. If red snapper term net operating revenue losses per Similar to the reef fish industry, season length is a significant factor in vessel are therefore estimated at processing shrimp is more labor for-hire profits, then the estimated $1.1 $121,000 and $295,000 for the 35-ft intensive than buying shrimp. Thus, million losses could understate by an (10.7-m) and 65-ft (19.8-m) vessel average employment in the shrimp indeterminate amount the impacts of classes, respectively. dealer sector is assumed to be less than the shorter season that would occur if a The proposed commercial quota that in the processing sector. Because 10-percent reduction in recreational red reduction is also expected to adversely the maximum number of employees for snapper effort and landings due to impact dealers and processors involved a shrimp processor does not exceed the hurricane effects is not assumed in the in the red snapper trade. Although SBA threshold, all shrimp dealers and determination of season length. substantial decreases in revenues processors that could be affected by this For the commercial red snapper collected from domestic red snapper are proposed rule are small entities. sector, reductions in profits, as anticipated, the lack of firm-level gross The proposed red snapper measured by changes in net operating revenues and profit data precludes recreational and commercial quota revenue to owners, captains, and crew, quantification of the expected losses. To decreases are expected to reduce profits are expected to result from revenue mitigate the adverse economic impacts in the for-hire and commercial sectors. losses associated with lower snapper that would result from the proposed 45- In the for-hire sector, declines in profits, harvests. Net operating revenue losses percent decrease in the commercial approximated by net operating revenue due to the commercial quota reduction quota, dealers and processors may (gross revenue minus operating costs would be mitigated by the action to increase their reliance on imported except labor) decreases, are expected lower the commercial size limit. The snapper and their use of other reef fish due to declines in individual angler trip impact analysis for the commercial red species as substitutes. bookings. Under the proposed 2.45 snapper sector assumed the fishery was Preventing captain and crew from million lb (1.11 million kg) recreational operating under an individual fishing retaining a red snapper bag limit while quota and two-fish bag limit, the quota program (IFQ), which was on charter is not expected to affect the estimated annual net operating revenue implemented in January 2007. Under profitability of for-hire operations losses to the for-hire sector are the IFQ, the number of vessels operating because the sale of recreational reef fish approximately $1.1 million. It is not in the fishery is expected to decline landings is already prohibited. The possible to accurately estimate the substantially as quota shares are proposed requirement for all persons extent to which individual for-hire consolidated. However, since the IFQ aboard reef fish vessels to use non- operations will be affected by the program has only recently been stainless steel circle hooks (when using proposed quota reduction. However, a implemented, substantive data on the natural baits), venting tools, and simple average suggests that, for the expected contraction is not yet available dehooking devices is expected to result 1,625 vessels active in the for-hire to indicate the size and type of fleet that in minimal impacts on the profitability sector, the average annual net operating will ultimately occur. Therefore, of small entities because of the current revenue loss would approximate $680 analysis of the quota reduction impacts widespread use of circle hooks, their per vessel. This simple arithmetic mean assumed the fleet would contract to competitive pricing, and the availability does not provide information on losses homogenous fleets of a specific vessel of dehooking devices and venting tools that may be incurred by a specific for- size and accompanying operational for less than $15 each. hire operation. Depending on the characteristics, with the resultant fleet The management measures geographic location of their operation, comprised of either more small vessels considered in this proposed rule do not level of activity, reliance on red snapper (35 ft (10.7 m)) or fewer large vessels (65 affect the reporting or record-keeping trips, diversity of species available, and ft (19.8 m)). requirements for reef fish and shrimp preferences of their core clientele, some Under the status quo commercial vessels, dealers, or processors. This vessels likely would be impacted more quota of 4.65 million lb (2.14 million proposed action does not require than others. Quantifying the number of kg), for the smallest (35 ft (10.7 m)) and additional records or report preparation.

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Four alternatives, including the status action addressing post-hurricane effort objectives. The proposed 13-inch (33- quo, were considered for the action to and landings reduction. Although some cm) minimum size limit in the set TAC and, thus, establish the post-hurricane reduction in effort and commercial sector would be expected to recreational and commercial quotas in landings is demonstrated by available result in decreased economic impacts to the red snapper fishery. Three of the data, the reductions are not consistent the fishery and associated industries alternatives include multiple options across the entire fishery and are not due to anticipated increases in the and sub-options to manage the expected to persist as the industry operational efficiency of commercial recreational fishery under the respective recovers. The proposed action could vessels and a potential price premium TACs and quotas. The first alternative, potentially result in a shorter season for smaller fish. The third alternative the status quo, would not be consistent than necessary to end overfishing, would eliminate the commercial with assumptions related to expected thereby increasing short-term adverse minimum size limit. Eliminating the reductions in directed and bycatch economic impacts. The alternative commercial size limit would exacerbate mortality rates and would not, as proposed action, a 10-percent reduction user conflicts between the commercial indicated by the March 12, 2007 Court in post-hurricane effort in the red and recreational sectors since the Opinion (Coastal Conservation snapper fishery, would extend the recreational sector would have a 16-inch Association v. Gutierrez et al., Case No. fishing season and yield greater short- (41-cm) minimum size limit, while the H–05–1214, consolidated with Gulf term economic benefits than the commercial sector would not have any Restoration Network et al., v. Gutierrez proposed action. However, this minimum size limit. Further, since no et al., Case No. H–05–2998), be reduction may not be supported by commercial market is known to exist for associated with a sufficient probability available data and may therefore result red snapper smaller than 12 inches (30 of the red snapper rebuilding plan’s in a failure to meet conservation goals, cm), no additional benefits would be success. If implemented, the status quo resulting in long-term negative expected to accrue to the commercial alternative would result in drastic TAC economic impacts relative to the sector, and total economic impacts to and quota reductions in subsequent proposed action. The alternative to the the commercial sector would be years and, thus, greater adverse proposed actions would assume a 25- expected to be comparable to those of economic impacts during that time in percent reduction in post-hurricane the proposed action. order for the resource to continue on the effort and landings. This alternative, Three alternatives, including the designated recovery path. which would result in a longer season status quo, were considered for the gear The second alternative to the than the proposed action, would result requirement action. The two alternatives proposed TAC action would have in greater short-term economic benefits encompassing gear requirements reduced the red snapper TAC to 7.0 than the proposed action. However, a contained options that specified the million lb (3.175 million kg), with 25-percent reduction is not supported fisheries over which the requirements resultant commercial and recreational by available data, is believed to be an would apply. The proposed action quotas of 3.57 and 3.43 million lb (1.62 excessive assumption, and would be would require the use of non-stainless and 1.44 million kg), respectively. This expected to result in a failure to meet steel circle hooks when using natural alternative has the potential of conservation goals, resulting in baits, and require the use of venting generating, depending upon the sub- substantial long-term negative economic tools and dehooking devices from all option selected, lower short-term impacts relative to the proposed action. participants in the reef fish fisheries of adverse economic impacts than the Two alternatives, including the status the Gulf of Mexico. By reducing bycatch proposed action. However, a 7.0 million quo, were considered for the captain and bycatch mortality in the red lb (3.175 million kg) TAC is neither and crew bag limit action. Analyses snapper and reef fish fisheries, the consistent with the current mortality indicate that under the proposed action proposed action would contribute to reduction assumptions nor is it in to reduce the captain and crew bag limit improving the likelihood of success of accordance with the findings of the to zero, the recreational red snapper the red snapper rebuilding plan and is recent Court Opinion. Like the status fishing season could remain open 4–16 expected to result in long-term net quo, this alternative would require days longer relative to the status quo. economic benefits. The sub-options that greater TAC reductions in subsequent The status quo alternative would require reduced the fisheries to which the years, thereby generating greater adverse more restrictive measures on proposed gear requirements would economic impacts over that time than recreational anglers (i.e., shorter open apply would be expected to result in the proposed rule. season, lower bag limit) to achieve less reduction in bycatch mortality and The third alternative to the proposed rebuilding goals, because the fish long-term economic benefits than the TAC action would have reduced the red retained by the captain and crew would proposed rule. However, in general, snapper TAC to 3.0 million lb (1.36 represent an additional source of however, little economic impact is million kg), with resultant commercial mortality that would have to be factored anticipated because of the already and recreational quotas of 1.53 and 1.47 into harvest controls. These more widespread use of circle hooks and the million lb (0.69 and 0.67 million kg), restrictive measures would be expected fact that venting/dehooking devices are respectively. This alternative would to result in greater reductions in trip relatively inexpensive (less than $15 have reduced the TAC and quotas more demand than the proposed angler each). than necessary to end overfishing restrictions, resulting in increased The first alternative to the proposed within the specified time period and reductions in for-hire profits and angler gear action would not impose any new would be expected to result in an overly value than the proposed action. gear requirements on fishermen and restrictive management approach with Three alternatives, including the would not, in the short term, result in unnecessary and greater adverse status quo, were considered for the any direct adverse economic impacts. economic impacts than the proposed commercial red snapper minimum size However, this alternative would not rule. limit. The first alternative to the contribute to improving the likelihood Three alternatives, including the proposed action, the status quo, would of success of the red snapper rebuilding proposed status quo action and the be expected to result in continued plan. Relative to the proposed action, alternative proposed 10-percent unnecessary bycatch mortality and this alternative could result in more reduction, were considered for the would not, therefore, meet the Council’s severe restrictions on fishery

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participants in the long run and, thus, reduction target to red snapper stock positive impacts associated with the generate greater adverse economic assessment updates. proposed action are attributable to the impacts. Four alternatives, including the status specified starting date of a potential The second alternative and associated quo, were considered for the action to closure, which would coincide with the fishery sub-options to the proposed gear potentially establish fishing restrictions movement of age 1 snapper from shrimp action would specify only a minimum for the EEZ shrimp fishery in the Gulf grounds to larger structures. hook size. Compared to the proposed of Mexico. The first alternative to the Two alternatives, including the status action, this alternative would be less proposed action, the status quo, would quo, were considered for the action to effective in reducing bycatch and not establish potential fishing establish a framework procedure to bycatch mortality. As a result, in the restrictions for the Gulf shrimp fishery. adjust effort in the commercial shrimp long run, it would be expected to result The status quo would not result in fishery. The second alternative would in smaller economic benefits than the direct or indirect adverse economic establish a framework procedure. The proposed action. impacts because potential restrictions proposed action, which would allow the Six alternatives, including the status would not be established for the shrimp Regional Administrator to implement quo, were considered for the bycatch fishery. However, if status quo effort closures based upon annual shrimp reduction target in the commercial reductions in the fishery are not effort assessments conducted by the shrimp fishery. The status quo would sufficient to achieve target goals, this Southeast Fisheries Science Center, is alternative may result in more severe not have established a bycatch expected to be the quickest and most future restrictions and potentially reduction target, would not ensure efficient approach to establishing greater adverse economic impacts than consistent reductions in bycatch fishing recommended closures. Two other the enactment of potential effort mortality on juvenile red snapper in the options were considered under the shrimp fishery, and would not be restrictions at this time. The proposed action would, if second alternative. These options would consistent with the 2005 SEDAR necessary, establish a seasonal closure establish less expedient means of assessment recommendations to further beginning on the same start date as the implementing recommended closures. reduce bycatch fishing mortality rates closure of the EEZ off Texas in the 10- Direct adverse economic impacts would on the red snapper stock. The proposed to 30-fathom (18- to 55-m) zone of not be expected to result from the action, which would establish a target selected areas within statistical zones alternatives included in this action reduction of shrimp trawl bycatch 10–21 in the Gulf of Mexico. This because the establishment of a mortality on red snapper 74 percent less measure, which would ensure that framework procedure to adjust effort in than the benchmark years of 2001–2003, target reductions in shrimp trawl the commercial shrimp fishery is an is consistent with the proposed quotas bycatch mortality are met, is consistent administrative action. and an increased probability of the red with the proposed quotas, and would List of Subjects in 50 CFR Part 622 snapper rebuilding plan’s success. The contribute to increasing the likelihood proposed action, which also specifically of the red snapper rebuilding plan’s Fisheries, Fishing, Puerto Rico, outlines the future progression of the success. The proposed action is Reporting and recordkeeping bycatch mortality reduction target if administrative in nature and thus would requirements, Virgin Islands. overfishing is successfully ended by not be expected to result in any direct Dated: October 19, 2007. 2010 based upon review of status economic effects. Direct economic William T. Hogarth, reports and other relevant information, impacts would only accrue if, in the would be an administrative action with Assistant Administrator for Fisheries, future, it is determined that the National Marine Fisheries Service. no expected direct adverse economic proposed bycatch reduction target has effects. not been met and thus a seasonal For the reasons set out in the The second and third alternatives to closure is necessary. The direct preamble, 50 CFR part 622 is proposed the proposed bycatch reduction target economic effects of the closure would to be amended as follows: would establish lower reduction targets be analyzed at that time, as appropriate. than the proposed action. Like the The second and third alternatives to PART 622—FISHERIES OF THE proposed action, these alternatives are the proposed action would also CARIBBEAN, GULF, AND SOUTH not expected to result in direct adverse establish seasonal closures, as ATLANTIC economic impacts. However, the lower necessary, in the 10 to 30-fathom (18- to targets do not contribute sufficiently to 55-m) zone of selected areas within 1. The authority citation for part 622 increasing the likelihood of the red statistical zones 10–21 in the Gulf of continues to read as follows: snapper rebuilding plan’s success and Mexico but would consider alternative Authority: 16 U.S.C. 1801 et seq. could be expected to require further time frames for the closures. As with the 2. In § 622.2, the definitions for effort reductions, resulting in more proposed action, these alternatives are ‘‘circle hook,’’ ‘‘dehooking device,’’ and severe management measures in the administrative in nature and thus would long run. The fourth alternative to the not be expected to result in any direct ‘‘venting device’’ are added in proposed action would, as the proposed economic effects. Direct economic alphabetical order to read as follows: action, establish a 74-percent reduction impacts would only accrue if, in the § 622.2 Definitions and acronyms. in shrimp trawl bycatch mortality on future, it is determined that the * * * * * red snapper, but would not specify proposed bycatch reduction target has changes to the target or the method by not been met and thus a seasonal Circle hook means a fishing hook which the target might be adjusted in closure is necessary. However, designed and manufactured so that the the future. Similarly, the fifth compared to the long-term benefits point is turned perpendicularly back to alternative to the proposed action would expected to accrue to the red snapper the shank to form a generally circular, establish a 74-percent reduction in fishery from the proposed action, or oval, shape. shrimp trawl bycatch mortality on red smaller long-term economic benefits to * * * * * snapper, but would also explicitly link the red snapper fishery are expected to Dehooking device means a device future adjustments to the bycatch result from these alternatives. Greater intended to remove a hook embedded in

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a fish to release the fish with minimum the closure falls within the scope of the 5. In § 622.37, paragraph (d)(1)(iv) is damage. potential closures evaluated in the FMP, revised to read as follows: and good cause exists to waive notice * * * * * § 622.37 Size limits. Venting device means a device and comment, NMFS will implement intended to deflate the swim bladder of the closure by publication of a final rule * * * * * a fish to release the fish with minimum in the Federal Register. If such good (d) * * * damage. cause waiver is not justified, NMFS will (1) * * * implement the closure via appropriate (iv) Red snapper—16 inches (40.6 * * * * * cm), TL, for a fish taken by a person 3. In § 622.31, paragraph (o) is added notice and comment rulemaking. NMFS subject to the bag limit specified in to read as follows: intends that any closure implemented consistent with this paragraph (l) will § 622.39 (b)(1)(iii) and 13 inches (38.1 § 622.31 Prohibited gear and methods. begin on the same date and time as the cm), TL, for a fish taken by a person not * * * * * Texas closure. subject to the bag limit. (o) Stainless steel hooks in the Gulf (2) Eastern zone. The eastern zone is * * * * * EEZ. Stainless steel hooks may not be bounded by rhumb lines connecting, in 6. In § 622.39, paragraph (b)(1)(iii) is used to fish for Gulf reef fish when order, the following points: revised to read as follows: using natural bait in the Gulf EEZ. 4. In § 622.34, paragraph (l) is added Point North lat. West long. § 622.39 Bag and possession limits. and the first sentence of paragraph (m) * * * * * and is revised to read as follows: A ...... 29°14′ ...... 88°57′ (b) * * * B ...... 29°24′ ...... 88°34′ (1) * * * § 622.34 Gulf EEZ seasonal and/or area C ...... 29°34′ ...... 87°38′ (iii) Red snapper—2. However, no red ° ′ ° ′ closures. D ...... 30 04 ...... 87 00 snapper may be retained by the captain E ...... 30°04′ ...... 88°41′ * * * * * ° ′ ° ′ or crew of a vessel operating as a charter (l) Closures of the Gulf shrimp fishery F ...... 29 36 ...... 88 37 G ...... 29°21′ ...... 88°59′ vessel or headboat. The bag limit for to reduce red snapper bycatch. During A ...... 29°14′ ...... 88°57′ such captain and crew is zero. a closure implemented in accordance * * * * * with this paragraph (l), trawling is (3) Louisiana zone. The Louisiana 7. In § 622.41, paragraph (m) is added prohibited within the specified closed zone is bounded by rhumb lines to read as follows: area(s). connecting, in order, the following (1) Procedure for determining need for points: § 622.41 Species specific limitations. and extent of closures. Each year, in * * * * * accordance with the applicable Point North lat. West long. (m) Required gear in the Gulf reef fish framework procedure established in the fishery. For a person on board a vessel FMP for the Shrimp Fishery in the Gulf A ...... 29°09.1′ ...... 93°41.4′ to fish for Gulf reef fish in the Gulf EEZ, of Mexico (FMP), the RA will, if B ...... 29°09.25′ ...... 92°36′ ° ′ ° ′ the vessel must possess on board and necessary, establish a seasonal area C ...... 28 35 ...... 90 44 D ...... 29°09′ ...... 89°48′ such person must use the gear as closure for the shrimp fishery in all or E ...... 28°57′ ...... 89°34′ specified in paragraphs (m)(1) through a portion of the areas of the Gulf EEZ F ...... 28°40′ ...... 90°09′ (m)(3) of this section. specified in paragraphs (l)(2) through G ...... 28°18′ ...... 90°33′ (1) Non-stainless steel circle hooks. (l)(4) of this section. The RA’s H ...... 28°25′ ...... 91°37′ Non-stainless steel circle hooks are determination of the need for such I ...... 28°21.7′ ...... 93°28.4′ required when fishing with natural closure and its geographical scope and A ...... 29°09.1′ ...... 93°41.4′ baits. duration will be based on an annual (2) Dehooking device. At least one assessment, by the Southeast Fisheries (4) Texas zone. The Texas zone is dehooking device is required and must Science Center, of the shrimp effort and bounded by rhumb lines connecting, in be used to remove hooks embedded in associated shrimp trawl bycatch order, the following points: Gulf reef fish with minimum damage. mortality on red snapper in the 10–30 The hook removal device must be Point North lat. West long. fathom area of statistical zones 10–21, constructed to allow the hook to be compared to the 74-percent target A ...... 29°09.1′ ...... 93°41.4′ secured and the barb shielded without reduction of shrimp trawl bycatch B ...... 28°44′ ...... 95°15′ re-engaging during the removal process. mortality on red snapper from the C ...... 28°11′ ...... 96°17′ The dehooking end must be blunt, and benchmark years of 2001–2003 D ...... 27°44′ ...... 96°53′ all edges rounded. The device must be established in the FMP. The framework E ...... 27°02′ ...... 97°11′ of a size appropriate to secure the range F ...... 26°00.5′ ...... 96°57.3′ procedure provides for adjustment of ° ′ ° ′ of hook sizes and styles used in the Gulf this target reduction level, consistent G ...... 26 00.5 ...... 96 35.85 H ...... 26°24′ ...... 96°36′ reef fish fishery. with the red snapper stock rebuilding I ...... 26°49′ ...... 96°52′ (3) Venting tool. At least one venting plan and the findings of subsequent J ...... 27°12′ ...... 96°51′ tool is required and must be used to stock assessments, via appropriate K ...... 27°39′ ...... 96°33′ deflate the swimbladders of Gulf reef rulemaking. The assessment will be L ...... 27°55′ ...... 96°04′ fish to release the fish with minimum based on shrimp effort data for the most M ...... 28°21.7′ ...... 93°28.4′ damage. This tool must be a sharpened, recent 12-month period available and A ...... 29°09.1′ ...... 93°41.4′ hollow instrument, such as a will include a recommendation hypodermic syringe with the plunger regarding the geographical scope and (m) * * * The recreational fishery for removed, or a 16-gauge needle fixed to duration of the closure. The Southeast red snapper in or from the Gulf EEZ is a hollow wooden dowel. A tool such as Fisheries Science Center’s assessment closed from January 1 through May 31 a knife or an ice-pick may not be used. will be provided to the RA on or about and from October 1 through December The venting tool must be inserted into March 1 of each year. If the RA 31, each year. * * * the fish at a 45-degree angle determines that a closure is necessary, * * * * * approximately 1 to 2 inches (2.54 to

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5.08 cm) from the base of the pectoral (i) Red snapper—2.55 million lb (1.16 § 622.48 Adjustment of management fin. The tool must be inserted just deep million kg), round weight. measures. enough to release the gases, so that the * * * * * * * * * * fish may be released with minimum (2) Recreational quota for red (i) Gulf shrimp. Closed seasons and damage. snapper. The following quota applies to areas, target effort and fishing mortality 8. In § 622.42, paragraphs (a)(1)(i) and persons who harvest red snapper other reduction levels, bycatch reduction than under commercial vessel permits (a)(2) are revised to read as follows: criteria, BRD certification and for Gulf reef fish and the commercial decertification criteria, BRD testing quota specified in paragraph (a)(1)(i) of § 622.42 Quotas. protocol, certified BRDs, and BRD this section—2.45 million lb (1.11 * * * * * specification. million kg), round weight. (a) * * * * * * * * * * * * * (1) * * * 9. In § 622.48, paragraph (i) is revised [FR Doc. 07–5245 Filed 10–19–07; 12:54 pm] to read as follows: BILLING CODE 3510–22–P

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Notices Federal Register Vol. 72, No. 204

Tuesday, October 23, 2007

This section of the FEDERAL REGISTER Dated: October 16, 2007. displays a currently valid OMB control contains documents other than rules or Frank McDonough, number. proposed rules that are applicable to the Chief, Employee and Labor Relations Animal and Plant Health Inspection public. Notices of hearings and investigations, Division. committee meetings, agency decisions and Service rulings, delegations of authority, filing of [FR Doc. E7–20810 Filed 10–22–07; 8:45 am] BILLING CODE 6116–01–P Title: Cooperative Wildlife Damage petitions and applications and agency Management Programs. statements of organization and functions are examples of documents appearing in this OMB Control Number: 0579–NEW. section. Summary of Collection: The Animal DEPARTMENT OF AGRICULTURE and Plant Health Inspection Service (APHIS), Wildlife Services (WS), is a AGENCY FOR INTERNATIONAL Submission for OMB Review; service program that responds to DEVELOPMENT Comment Request requests by persons and agencies needing help with wildlife damage. Bureau for Democracy, Conflict and October 17, 2007. Assistance is available to all citizens Humanitarian Assistance; Office of The Department of Agriculture has upon request. The primary statutory Food for Peace; Announcement of submitted the following information authority for the APHIS/WS program is Food for Peace Public Law 480 Title II collection requirement(s) to OMB for the Act of March 1931 (7 U.S.C. 426– Program Policies and Proposal review and clearance under the 426c; 46 Stat. 1468) as amended. Guidelines Fiscal Year 2008; Notice Paperwork Reduction Act of 1995, Section 426 of the Act authorizes the Public Law 104–13. Comments Secretary of Agriculture to conduct a Pursuant to the Agricultural Trade regarding (a) whether the collection of program of wildlife services with Development and Assistance Act of information is necessary for the proper respect to injurious animal species and 1954 (Pub. L. 480, as amended), notice performance of the functions of the take any action the Secretary considers is hereby given that the final Food for agency, including whether the necessary in conducting the program. Peace Public Law 480 Title II Program information will have practical utility; Information provided by customers in Policies and Proposal Guidelines Fiscal (b) the accuracy of the agency’s estimate the WS programs is voluntary so that Year 2008 are available to interested of burden including the validity of the WS can prepare to help them. APHIS/ parties for general viewing. methodology and assumptions used; (c) WS will collect information using Individuals who wish to access the ways to enhance the quality, utility and several forms. current guidelines should visit the Food clarity of the information to be Need and Use of the Information: for Peace Web site at http:// collected; (d) ways to minimize the Information collected in most situations www.usaid.gov/our_work/ burden of the collection of information is used in routine business humanitarian_assistance/ffp/, or on those who are to respond, including communication activities by WS as part contact the Office of Food for Peace, through the use of appropriate of its cooperative programs initiated by U.S. Agency for International automated, electronic, mechanical, or request from the public and government Development, RRB 7.06–102, 1300 other technological collection entities. The collected information from Pennsylvania Avenue, NW., techniques or other forms of information the forms will help WS modify and Washington, DC 20523–7600. technology should be addressed to: Desk improve its programs to better fulfill Juli Majernik, Officer for Agriculture, Office of mission objectives, suit the needs of Grants Manager, Policy and Technical Information and Regulatory Affairs, Cooperators, and provide increasingly Division, Office of Food for Peace, Bureau Office of Management and Budget superior service. for Democracy, Conflict and Humanitarian (OMB), Description of Respondents: Farms; Assistance. [email protected] or Individuals or households; Business or [FR Doc. E7–20808 Filed 10–22–07; 8:45 am] fax (202) 395–5806 and to Departmental other for-profit; Not-for-profit BILLING CODE 6116–01–P Clearance Office, USDA, OCIO, Mail institutions; Federal Government; State, Stop 7602, Washington, DC 20250– Local, or Tribal Government. 7602. Comments regarding these Number of Respondents: 95,000. AGENCY FOR INTERNATIONAL information collections are best assured Frequency of Responses: Reporting: DEVELOPMENT of having their full effect if received On occasion; Biannually; Annually. Total Burden Hours: 5,287. within 30 days of this notification. Senior Executive Service: Membership Copies of the submission(s) may be Animal and Plant Health Inspection of Performance Review Board obtained by calling (202) 720–8958. Service ACTION: Notice. An agency may not conduct or Title: Request for Credit Account sponsor a collection of information Approval for Reimbursable Services. SUMMARY: The following persons are unless the collection of information OMB Control Number: 0579–0055. members of the 2007 Senior Executive displays a currently valid OMB control Summary of Collection: The Debt Service Performance Review Board: number and the agency informs Collection Improvement Act of 1996 Gloria Steele, Chair; Franklin Moore; potential persons who are to respond to (Pub. L. 104–134 Section 31001(x)) of 31 James Painter; Max Hilaire. the collection of information that such U.S.C. 7701, requires that agencies FOR FURTHER INFORMATION CONTACT: persons are not required to respond to collect tax identification numbers from Darren Shanks, 202–712–5685. the collection of information unless it all person doing business with the

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Government for purposes of collecting 5. History of Encryption Hardware. DEPARTMENT OF COMMERCE delinquent debts. The services of an 6. MIMO Technology Overview. inspector to clear imported and International Trade Administration 7. Discussion: Draft Wassenaar exported commodities requiring release [A–549–502] by Agency personnel are covered by Proposals for 2008. user fees during regular working hours. 8. Discussion: Comprehensive Review Circular Welded Carbon Steel Pipes If an importer/exporter wishes to have of Commerce Control List. and Tubes from Thailand: Extension of a shipment of cargo or animals cleared Thursday, November 8 Time Limit for Preliminary Results of at other hours, such services will Antidumping Duty Administrative usually be provided on a reimbursable Closed Session Review overtime basis, unless already covered by a user fee. The Animal and Plant 9. Discussion of matters determined to AGENCY: Import Administration, Health Inspection Service (APHIS) will be exempt from the provisions relating International Trade Administration, collect information using APHIS form to public meetings found in 5 U.S.C. Department of Commerce. 192, Application for Credit Account and app. 2 10(a)(1) and 10(a)(3). EFFECTIVE DATE: October 23, 2007. Request for Service. The open session will be accessible FOR FURTHER INFORMATION CONTACT: Need and Use of the Information: via teleconference to 20 participants on Myrna Lobo, AD/CVD Operations, APHIS will collect information to a first come, first serve basis. To join the Office 6, Import Administration, conduct a credit check on prospective conference, submit inquiries to Ms. International Trade Administration, applicants to ensure credit worthiness Yvette Springer at Department of Commerce, Room 7866, prior to extending credit services. [email protected] , no later than 14th Street and Constitution Avenue, Without this information, customers October 31, 2007. NW, Washington DC 20230; telephone: (including small business) would have (202) 482–2371. A limited number of seats will be to pay each time a service is provided. SUPPLEMENTARY INFORMATION: Description of Respondents: Business available for the public session. or other for-profit. Reservations are not accepted. To the Background Number of Respondents: 256. extent time permits, members of the On April 27, 2007, the Department of Frequency of Responses: Reporting: public may present oral statements to Commerce (the Department) published On occasion. the Committee. The public may submit in the Federal Register the notice of Total Burden Hours: 64. written statements at any time before or initiation of the administrative review of Ruth Brown, after the meeting. However, to facilitate the antidumping duty order on circular distribution of public presentation Departmental Information Collection welded carbon steel pipes and tubes Clearance Officer. materials to Committee members, the from Thailand. See Initiation of Committee suggests that public [FR Doc. E7–20786 Filed 10–22–07; 8:45 am] Antidumping and Countervailing Duty presentation materials or comments be BILLING CODE 3410–34–P Administrative Reviews, 72 FR 20986 forwarded before the meeting to Ms. (April 27, 2007). The period of review Springer. is March 1, 2006 through February 28, DEPARTMENT OF COMMERCE The Assistant Secretary for 2007. Administration, with the concurrence of Extension of Time Limit for Preliminary Bureau of Industry and Security the delegate of the General Counsel, Results formally determined on October 16, Information Systems Technical 2007, pursuant to section 10(d) of the Section 751(a)(3)(A) of the Tariff Act Advisory Committee; Notice of Federal Advisory Committee Act, as of 1930, as amended (the Act), and Partially Closed Meeting amended (5 U.S.C. app. 2 10(d)), that section 351.213(h)(1) of the the portion of the meeting concerning Department’s regulations require the The Information Systems Technical Department to issue the preliminary Advisory Committee (ISTAC) will meet trade secrets and commercial or financial information deemed privileged results of a review within 245 days after on November 7, 2007, 9 a.m., in the the last day of the anniversary month of Herbert C. Hoover Building, Room 4830, or confidential as described in 5 U.S.C. 552b(c)(4) and the portion of the the order or suspension agreement for and November 8, 2007, 9 a.m., in the which the administrative review was meeting concerning matters the Herbert C. Hoover Building, Room 3884, requested, and final results of the disclosure of which would be likely to 14th Street between Constitution and review within 120 days after the date on frustrate significantly implementation of Pennsylvania Avenues, NW., which the notice of the preliminary an agency action as described in 5 Washington, DC. The Committee results is published in the Federal U.S.C. 552b(c)(9)(B) shall be exempt advises the Office of the Assistant Register. However, if the Department Secretary for Export Administration on from the provisions relating to public determines that it is not practicable to technical questions that affect the level meetings found in 5 U.S.C. app. 2 complete the review within the of export controls applicable to 10(a)(1) and 10(a)(3). The remaining aforementioned specified time limits, information systems equipment and portions of the meeting will be open to section 751(a)(3)(A) of the Act and technology. the public. section 351.213(h)(2) of the Wednesday, November 7 For more information, call Yvette Department’s regulations allow the Springer at (202) 482–2813. Department to extend the 245–day Public Session Dated: October 17, 2007. period to 365 days and to extend the 1. Welcome and Introduction. 120–day period to 180 days. Yvette Springer, 2. SEMI Comments: China Rule, VEU, The Department requires additional Industry Forecast. Committee Liaison Officer. time to evaluate respondent’s (Saha 3. Industry Encryption Presentation. [FR Doc. 07–5221 Filed 10–22–07; 8:45 am] Thai Steel Pipe Company, Ltd.) 4. Range and Standards. BILLING CODE 3510–JT–M questionnaire responses in order to

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conduct a thorough analysis of all comment on our Preliminary Results. review in the Federal Register. See information on the record. Specifically, The Department received no comments Preliminary Results. We invited parties the Department needs to analyze concerning our preliminary results; to comment on the Preliminary Results. respondent’s sales to affiliated resellers, therefore, our final results remain We received no comments or a request their downstream sales and the levels of unchanged from our preliminary results. for a hearing. trade at which these transactions The final results are listed in the section Scope of the Antidumping Duty Review occurred. Therefore, the Department ‘‘Final Results of Review’’ below. The products covered by this finds that it is not practicable to EFFECTIVE DATE: October 23, 2007. antidumping duty review are seamless complete the preliminary results of this FOR FURTHER INFORMATION CONTACT: review within the original time limit pipes produced to the ASTM A–335, Dena Crossland or Stephen Bailey, AD/ ASTM A–106, ASTM A–53 and API 5L and is extending the deadline for CVD Operations, Office 7, Import completion of the preliminary results of specifications and meeting the physical Administration, International Trade parameters described below, regardless this administrative review of the Administration, U.S. Department of antidumping duty order on circular of application. The scope of this review Commerce, 14th Street and Constitution also includes all products used in welded carbon steel pipes and tubes Avenue, NW, Washington, DC 20230; from Thailand by 120 days, from standard, line, or pressure pipe telephone: (202) 482–3362 or (202) 482– applications and meeting the physical December 1, 2007 to March 30, 2008. 0193, respectively. Because March 30, 2008 is a Sunday, parameters below, regardless of the Department will issue the SUPPLEMENTARY INFORMATION: specification. For purposes of this review, seamless preliminary results no later than March Background 31, 2008, which is the next business day pipes are seamless carbon and alloy On May 2, 2007, the International (other than stainless) steel pipes, of after the 120–day extension period. This notice is issued and published Trade Commission determined circular cross-section, not more than pursuant to sections 751(a)(3)(A) and revocation of the antidumping duty 114.3 mm (4.5 inches) in outside 777(i)(1) of the Act. orders on seamless pipe from Argentina diameter, regardless of wall thickness, and Brazil would not likely lead to manufacturing process (hot–finished or Dated: October 16, 2007. continuation or recurrence of material cold–drawn), end finish (plain end, Stephen J. Claeys, injury to an industry in the United beveled end, upset end, threaded, or Deputy Assistant Secretary for Import States. See Certain Seamless Carbon threaded and coupled), or surface finish. Administration. and Alloy Steel Standard, Line, and These pipes are commonly known as [FR Doc. E7–20846 Filed 10–22–07; 8:45 am] Pressure Pipe from Argentina, Brazil, standard pipe, line pipe or pressure BILLING CODE 3510–DS–S and Germany, 72 FR 26153 (May 8, pipe, depending upon the application. 2007), and ITC Publication 3918 (May They may also be used in structural 2007), Investigation No. 731–TA–707– applications. Pipes produced in non– DEPARTMENT OF COMMERCE 709 (Second Review). Thus, the standard wall thickness are commonly Department revoked the antidumping referred to as tubes. International Trade Administration duty orders on seamless line pipe from The seamless pipes subject to this [A–351–826] Argentina and Brazil, pursuant to antidumping duty review are currently sections 751(c) and 751(d) of the Act. classifiable under subheadings Certain Small Diameter Seamless See Revocation Pursuant to Second 7304.19.10.20, 7304.19.50.20, Carbon and Alloy Steel Standard, Line Five-year (‘‘Sunset’’) Reviews of 7304.31.60.50, 7304.39.00.16, and Pressure Pipe from Brazil: Final Antidumping Duty Orders: Certain 7304.39.00.20, 7304.39.00.24, Results of Antidumping Duty Small Diameter Carbon and Alloy 7304.39.00.28, 7304.39.00.32, Administrative Review Seamless Standard, Line and Pressure 7304.51.50.05, 7304.51.50.60, 7304.59.60.00, 7304.59.80.10, AGENCY: Import Administration, Pipe from Argentina and Brazil, 72 FR 7304.59.80.15, 7304.59.80.20, and International Trade Administration, 28027 (May 18, 2007) (Revocation of 7304.59.80.25 of the Harmonized Tariff Department of Commerce. Seamless Pipe from Argentina and Schedule of the United States (HTSUS). SUMMARY: On July 11, 2007, the Brazil). The Department stated in the Department of Commerce (the Revocation of Seamless Pipe from The following information further Department) published the preliminary Argentina and Brazil that it will defines the scope of this order, which results of the administrative review of complete any pending administrative covers pipes meeting the physical the antidumping order on certain small reviews of these orders and will conduct parameters described above: Specifications, Characteristics and diameter seamless carbon and alloy administrative reviews of subject Uses: Seamless pressure pipes are steel standard, line and pressure pipe merchandise entered prior to the intended for the conveyance of water, (seamless pipe) from Brazil. See Certain effective date of revocation in response steam, petrochemicals, chemicals, oil Small Diameter Seamless Carbon and to appropriately filed requests for products, natural gas, and other liquids Alloy Steel Standard, Line and Pressure review. Pursuant to section 751(d)(2) of and gasses in industrial piping systems. Pipe from Brazil; Preliminary Results of the Act and 19 CFR 351.222(i)(2)(i), the They may carry these substances at Antidumping Duty Administrative effective date of revocation is July 16, elevated pressures and temperatures Review, 72 FR 37723 (July 11, 2007) 2006. As a result, the Department is and may be subject to the application of (Preliminary Results). The review covers completing the instant review of external heat. Seamless carbon steel one producer/exporter, V&M do Brasil, seamless pipe from Brazil. Accordingly, pressure pipe meeting the ASTM S.A. (VMB). The period of review (POR) the period of review for this proceeding standard A–106 may be used in is August 1, 2005, through July 15, is from August 1, 2005, to July 15, 2006. temperatures of up to 1000 degrees 2006.1 We invited interested parties to On July 11, 2007, the Department published the preliminary results of this Fahrenheit, at various American Society 1 Since the effective date of revocation of the of Mechanical Engineers (‘‘ASME’’) antidumping duty order pursuant to the sunset 2006, the POR is August 1, 2005, through July 15, code stress levels. Alloy pipes made to review (see infra Background Section) is July 16, 2006. ASTM standard A–335 must be used if

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temperatures and stress levels exceed line and pressure applications and the in which fluorine replaces the oxygen in those allowed for A–106 and the ASME above–listed specifications are defining any one of the previously listed oxide codes. Seamless pressure pipes sold in characteristics of the scope of this order. groups. These glass–lined pressure the United States are commonly Therefore, seamless pipes meeting the pipes are commonly manufactured for produced to the ASTM A–106 standard. physical description above, but not use in glass–lined equipment systems Seamless standard pipes are most produced to the ASTM A–335, ASTM for processing corrosive or reactive commonly produced to the ASTM A–53 A–106, ASTM A–53, or API 5L chemicals, including acrylates, specification and generally are not standards shall be covered if used in a alkanolamines, herbicides, pesticides, intended for high temperature service. standard, line or pressure application. pharmaceuticals and solvents. The They are intended for the low For example, there are certain other glass–lined pressure pipes excluded temperature and pressure conveyance of ASTM specifications of pipe which, from this antidumping duty review are water, steam, natural gas, air and other because of overlapping characteristics, currently classifiable under subheadings liquids and gasses in plumbing and could potentially be used in A–106 7304.39.0020, 7304.39.0024 and heating systems, air conditioning units, applications. These specifications 7304.39.0028 of the HTSUS. automatic sprinkler systems, and other generally include A–162, A–192, A–210, Although the HTSUS subheadings are related uses. Standard pipes (depending A–333, and A–524. When such pipes provided for convenience and customs on type and code) may carry liquids at are used in a standard, line or pressure purposes, our written description of the elevated temperatures but must not pipe application, such products are scope of this order is dispositive. exceed relevant ASME code covered by the scope of this order. Final Results of Review requirements. Specifically excluded from this Seamless line pipes are intended for review are boiler tubing and mechanical As noted above, the Department the conveyance of oil and natural gas or tubing, if such products are not received no comments concerning the other fluids in pipelines. Seamless line produced to ASTM A–335, ASTM A– Preliminary Results. As there have been pipes are produced to the API 5L 106, ASTM A–53 or API 5L no changes from or comments on the specification. specifications and are not used in Preliminary Results, we are not Seamless pipes are commonly standard, line or pressure applications. attaching a Decision Memorandum to produced and certified to meet ASTM In addition, finished and unfinished oil this Federal Register notice. For further A–106, ASTM A–53 and API 5L country tubular goods (OCTG) are details of the issues addressed in this specifications. Such triple certification excluded from the scope of this review, proceeding, see the Preliminary Results. of pipes is common because all pipes if covered by the scope of another The final weighted–average dumping meeting the stringent ASTM A–106 antidumping duty order from the same margin for the period August 1, 2005, specification necessarily meet the API country. If not covered by such an through July 15, 2006, is as follows: 5L and ASTM A–53 specifications. OCTG order, finished and unfinished Pipes meeting the API 5L specification OCTG are included in this scope when Manufacturer / Exporter Margin necessarily meet the ASTM A–53 used in standard, line or pressure (percent) specification. However, pipes meeting applications. Finally, also excluded V&M do Brasil, S.A...... 0.00 the A–53 or API 5L specifications do not from this review are redraw hollows for necessarily meet the A–106 cold–drawing when used in the Assessment Rates specification. To avoid maintaining production of cold–drawn pipe or tube. separate production runs and separate Excluded from this order are The Department will determine and inventories, manufacturers triple–certify shipments of seamless carbon and alloy U.S. Customs and Border Protection the pipes. Since distributors sell the vast (other than stainless) steel pipes, of (CBP) shall assess, antidumping duties majority of this product, they can circular cross-section, not more than on all appropriate entries, in accordance thereby maintain a single inventory to 114.3 mm (4.5 inches) in outside with 19 CFR 351.212(b). Since the service all customers. diameter, regardless of wall thickness or importer–specific assessment rate The primary application of ASTM A– manufacturing process (hot–finished or calculated in the final results of this 106 pressure pipes and triple–certified cold–drawn) that 1) has been cut into review is 0 percent, we will instruct pipes is in pressure piping systems by lengths of six to 120 inches, 2) has had CBP to liquidate without regard to refineries, petrochemical plants and the inside bore ground to a smooth antidumping duties for these entries. chemical plants. Other applications are surface, 3) has had multiple layers of See 19 CFR 351.106(c)(1). in power generation plants (electrical– specially formulated corrosion resistant The Department clarified its fossil fuel or nuclear), and in some oil glass permanently baked on at ‘‘automatic assessment’’ regulation on field uses (on shore and off shore) such temperatures of 1,440 to 1,700 degrees May 6, 2003. See Antidumping and as for separator lines, gathering lines Fahrenheit in thicknesses from 0.032 to Countervailing Duty Proceedings: and metering runs. A minor application 0.085 inch (40 to 80 mils), and 4) has Assessment of Antidumping Duties, 68 of this product is for use as oil and gas flanges or other forged stub ends welded FR 23954 (May 6, 2003) (Assessment distribution lines for commercial on both ends of the pipe. The special Policy Notice). This clarification will applications. These applications corrosion resistant glass referred to in apply to entries of subject merchandise constitute the majority of the market for this definition may be glass containing during the POR produced by companies the subject seamless pipes. However, A– by weight 1) 70 to 80 percent of an included in these final results of review 106 pipes may be used in some boiler oxide of silicone, zirconium, titanium or for which the reviewed companies did applications. cerium (Oxide Group RO2), 2) 10 to 15 not know that the merchandise they The scope of this order includes all percent of an oxide of sodium, sold to the intermediary (e.g., a reseller, seamless pipe meeting the physical potassium, or lithium (Oxide Group trading company, or exporter) was parameters described above and RO), 3) from a trace amount to five destined for the United States. In such produced to one of the specifications percent of an oxide of either aluminum, instances, we will instruct CBP to listed above, regardless of application, cobalt, iron, vanadium, or boron (Oxide liquidate unreviewed entries at the ‘‘All and whether or not also certified to a Group R2O3), or 4) from a trace amount Others’’ rate if there is no rate for the non–covered specification. Standard, to five percent of a fluorine compound intermediary involved in the

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transaction. See Assessment Policy Administration, Department of Summary of the Application Notice for a full discussion of this Commerce, has received an application Applicant: Houston Industries, USA, clarification. for an Export Trade Certificate of L.L.C. (‘‘HIUSA’’), 2319 East Highland Review (‘‘Certificate’’). This notice Cash Deposit Requirements Avenue #354s, Phoenix, Arizona 85016. summarizes the conduct for which Contact: Paul A. Houston, President, The Department notified CBP to certification is sought and requests Telephone: (615) 293–4116. discontinue suspension of liquidation comments relevant to whether the Application No.: 07–00004. and collection of cash deposits on Certificate should be issued. Date Deemed Submitted: October 16, entries of the subject merchandise FOR FURTHER INFORMATION CONTACT: 2007. entered or withdrawn from warehouse Jeffrey Anspacher, Director, Export Members (in addition to applicant): on or after July 16, 2006, the effective Trading Company Affairs, International None. date of revocation of the antidumping Trade Administration, by telephone at HIUSA seeks a Certificate to cover the duty order. (202) 482–5131 (this is not a toll-free following specific Export Trade, Export Markets, and Export Trade Activities Notification to Importers number) or E-mail at [email protected]. SUPPLEMENTARY INFORMATION: and Methods of Operations. This notice also serves as a Title III of preliminary reminder to importers of the Export Trading Company Act of Export Trade 1982 (15 U.S.C. 4001–21) authorizes the their responsibility under 19 CFR 1. Products Secretary of Commerce to issue Export 351.402(f) to file a certificate regarding All Products. the reimbursement of antidumping Trade Certificates of Review. An Export duties prior to liquidation of the Trade Certificate of Review protects the 2. Services holder and the members identified in relevant entries during this review All Services. period. Failure to comply with this the Certificate from state and federal requirement could result in the government antitrust actions and from 3. Technology Rights private treble damage antitrust actions Secretary’s presumption that Technology rights, including, but not for the export conduct specified in the reimbursement of antidumping duties limited to, patents, trademarks, Certificate and carried out in occurred and the subsequent assessment copyrights, and trade secrets that relate compliance with its terms and of double antidumping duties. to Products and Services. conditions. Section 302(b)(1) of the Administrative Protective Order Export Trading Company Act of 1982 4. Export Trade Facilitation Services (as This notice also serves as a reminder and 15 CFR 325.6(a) require the They Relate to the Export of Products, to parties subject to an administrative Secretary to publish a notice in the Services and Technology Rights) protective order (APO) of their Federal Register identifying the Export Trade Facilitation Services, responsibility concerning the return or applicant and summarizing its proposed including, but not limited to, destruction of proprietary information export conduct. professional services in the areas of disclosed under APO in accordance Request for Public Comments government relations and assistance with 19 CFR 351.305. Timely written with state and federal programs; foreign Interested parties may submit written notification of the return/destruction of trade and business protocol; consulting; comments relevant to the determination APO materials or conversion to judicial market research and analysis; collection whether a Certificate should be issued. protective order is hereby requested. of information on trade opportunities; If the comments include any privileged Failure to comply with the regulations marketing; negotiations; joint ventures; or confidential business information, it and terms of an APO is a violation that shipping; export management; export must be clearly marked and a is subject to sanction. licensing; advertising; documentation nonconfidential version of the This administrative review and notice and services related to compliance with comments (identified as such) should be are issued and published in accordance customs requirements; insurance and included. Any comments not marked with sections 751(a)(1) and 777(i)(1) of financing; trade show exhibitions; privileged or confidential business the Act. organizational development; information will be deemed to be Dated: October 16, 2007. management and labor strategies; nonconfidential. An original and five (5) transfer of technology; transportation David M. Spooner, copies, plus two (2) copies of the services; and facilitating the formation Assistant Secretary for Import nonconfidential version, should be of shippers’ associations. Administration. submitted no later than 20 days after the [FR Doc. E7–20844 Filed 10–22–07; 8:45 am] date of this notice to: Export Trading Export Markets BILLING CODE 3510–DS–S Company Affairs, International Trade The Export Markets include all parts Administration, U.S. Department of of the world except the United States Commerce, Room 7021–B H, (the fifty states of the United States, the DEPARTMENT OF COMMERCE Washington, DC 20230. Information District of Columbia, the submitted by any person is exempt from Commonwealth of Puerto Rico, the International Trade Administration disclosure under the Freedom of Virgin Islands, American Samoa, Guam, Export Trade Certificate of Review Information Act (5 U.S.C. 552). the Commonwealth of the Northern However, nonconfidential versions of Mariana Islands, and the Trust Territory AGENCY: International Trade the comments will be made available to of the Pacific Islands). Administration, Commerce. the applicant if necessary for determining whether or not to issue the Export Trade Activities and Methods of ACTION: Notice of application for an Operation Export Trade Certificate of Review from Certificate. Comments should refer to Houston Industries, USA, L.L.C. this application as ‘‘Export Trade 1. With respect to the sale of Products Certificate of Review, application and Services, licensing of Technology SUMMARY: Export Trading Company number 07–00004.’’ A summary of the Rights and provision of Export Trade Affairs (‘‘ETCA’’), International Trade application follows. Facilitation Services, HIUSA may:

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a. Provide and/or arrange for the Friday, November 16, 2007, 9 a.m. to DEPARTMENT OF COMMERCE provisions of Export Trade Facilitation 5:30 p.m. The Judges Panel is composed Services; of twelve members prominent in the National Institute of Standards and b. Engage in promotional and fields of quality, innovation, and Technology marketing activities and collect performance excellence and appointed National Fire Protection Association information on trade opportunities in by the Secretary of Commerce. The the Export Markets and distribute such (NFPA) Proposes To Revise Codes and purpose of this meeting is to review the Standards information to clients; site visit process, review the final c. Enter into exclusive and/or non- judging process and meeting AGENCY: National Institute of Standards exclusive licensing and/or sales procedures, and final judging of the and Technology, Commerce. agreements with Suppliers for the 2007 applicants. The review process ACTION: Notice. export of Products, Services, and/or involves examination of records and Technology Rights to Export Markets; SUMMARY: The National Fire Protection d. Enter into exclusive and/or non- discussions of applicant data, and will Association (NFPA) proposes to revise exclusive arrangements with be closed to the public in accordance some of its safety codes and standards distributors and/or sales representatives with Section 552b(c)(4) of Title 5, and requests proposals from the public in Export Markets; United States Code. to amend existing or begin the process e. Allocate export sales or divide DATES: The meeting will convene of developing new NFPA safety codes Export Markets among Suppliers for the November 12, 2007 at 9 a.m. and and standards. The purpose of this sale and/or licensing of Products, adjourn at 5:30 p.m. on November 16, request is to increase public Services, and/or Technology Rights; 2007. The entire meeting will be closed. participation in the system used by f. Allocate export orders among NFPA to develop its codes and Suppliers; ADDRESSES: The meeting will be held at standards. The publication of this notice g. Establish the price of Products, the National Institute of Standards and of request for proposals by the National Services, and/or Technology Rights for Technology, Administration Building, Institute of Standards and Technology sales and/or licensing in Export Lecture Room E, Gaithersburg, (NIST) on behalf of NFPA is being Markets; Maryland 20899. undertaken as a public service; NIST h. Negotiate, enter into, and/or does not necessarily endorse, approve, manage licensing agreements for the FOR FURTHER INFORMATION CONTACT: Dr. or recommend any of the standards export of Technology Rights; and Harry Hertz, Director, Baldrige National referenced in the notice. i. Enter into contracts for shipping. Quality Program, National Institute of The NFPA process provides ample 2. HIUSA and its individual Suppliers Standards and Technology, opportunity for public participation in may regularly exchange information on Gaithersburg, Maryland 20899, the development of its codes and a one-on-one basis regarding that telephone number (301) 975–2361. standards. All NFPA codes and Supplier’s inventories and near-term standards are revised and updated every SUPPLEMENTARY INFORMATION: The production schedules so HIUSA may three to five years in Revision Cycles determine the availability of Products Assistant Secretary for Administration, that begin twice each year and take for export and effectively coordinated with the concurrence of the General approximately two years to complete. with its distributors in Export Markets. Counsel, formally determined on Each Revision Cycle proceeds according January 25, 2007, that the meeting of the Dated: October 17, 2007. to a published schedule that includes Judges Panel will be closed pursuant to final dates for all major events in the Jeffrey Anspacher, Section 10(d) of the Federal Advisory process. The process contains five basic Director, Export Trading Company Affairs. Committee Act, 5 U.S.C. app. 2, as steps that are followed both for [FR Doc. E7–20787 Filed 10–22–07; 8:45 am] amended by Section 5(c) of the developing new documents as well as BILLING CODE 3510–DR–P Government in the Sunshine Act, Public revising existing documents. These Law 94–409. The meeting, which steps are: Calling for Proposals; involves examination of Award Publishing the Proposals in the Report DEPARTMENT OF COMMERCE applicant data from U.S. companies and on Proposals (ROP); Calling for National Institute of Standards and other organizations and a discussion of Comments on the Committee’s Technology this data as compared to the Award disposition of the proposals and these criteria in order to recommend Award Comments are published in the Report Judges Panel of the Malcolm Baldrige recipients, may be closed to the public on Comments (ROC); having a Technical National Quality Award in accordance with Section 552b(c)(4) of Report Session at the NFPA Annual Title 5, United States Code, because the Meeting; and finally, the Standards AGENCY: National Institute of Standards meetings are likely to disclose trade Council Consideration and Issuance of and Technology, Department of documents. Commerce. secrets and commercial or financial information obtained from a person Note: Under new rules effective Fall 2005, ACTION: Notice of closed meeting. which is privileged or confidential. anyone wishing to make Amending Motions on the Technical Committee Reports (ROP SUMMARY: Pursuant to the Federal Dated: October 12, 2007. and ROC) must signal their intention by Advisory Committee Act, 5 U.S.C. app. Richard F. Kayser, submitting a Notice of Intent to Make a 2, notice is hereby given that the Judges Motion by the Deadline stated in the ROC. Panel of the Malcolm Baldrige National Acting Deputy Director. Certified motions will then be posted on the Quality Award will meet Monday, [FR Doc. E7–20840 Filed 10–22–07; 8:45 am] NFPA website. Documents that receive notice November 12, 2007, 9 a.m. to 5:30 p.m.; BILLING CODE 3510–13–P of proper Amending Motions (Certified Amending Motions) will be presented for Tuesday, November 13, 2007, 9 a.m. to action at the annual June Association 5:30 p.m.; Wednesday, November 14, Technical Meeting. Documents that receive 2007, 9 a.m. to 5:30 p.m.; Thursday, no motions will be forwarded directly to the November 15, 2007, 9 a.m. to 5:30 p.m.; Standards Council for action on issuance.

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For more information on these new Technical Committees’ action and each presented to the NFPA membership for rules and for up-to-date information on Proposal, as well as all Committee- the debate and consideration of motions schedules and deadlines for processing generated Proposals. The ROP is then to amend the Report. Before making an NFPA Documents, check the NFPA submitted for the approval of the allowable motion at a Technical Report Website at http://www.nfpa.org or Technical Committee by a formal Session, the intended maker of the contact the NFPA Codes and Standards written ballot. If the ROP does not motion must file, in advance of the Administration. receive approval by a two-thirds vote session, and within the published DATES: Interested persons may submit calculated in accordance with NFPA deadline, a Notice of Intent to Make a proposals on or before the dates listed rules, the Report is returned to the Motion. A Motions Committee with the standards. Committee for further consideration and appointed by the Standards Council ADDRESSES: Milosh Puchovsky, is not published. If the necessary then reviews all notices and certifies all Secretary, Standards Council, NFPA, 1 approval is received, the ROP is amending motions that are proper. Only Batterymarch Park, Quincy, published in a compilation of Reports these Certified Amending Motions, Massachusetts 02269–7471. on Proposals issued by NFPA twice together with certain allowable Follow- FOR FURTHER INFORMATION CONTACT: yearly for public review and comment Up Motions (that is, motions that have Milosh Puchovsky, Secretary, Standards and the process continues to the next become necessary as a result of previous Council, at the above address, (617) step. successful amending motions) will be 770–3000. The Reports on Proposals are sent allowed at the Technical Report SUPPLEMENTARY INFORMATION: automatically free of charge to all who Session. submitted proposals and each respective For more information on dates/ Background committee member, as well as anyone locations of NFPA Technical Committee The National Fire Protection else who requests a copy. All ROPs are meetings and NFPA Annual Technical Association (NFPA) develops building, also available for free downloading at Report Sessions, check the NFPA Web fire, and electrical safety codes and http://www.nfpa.org. site at: http://www.nfpa.org/ standards. Federal agencies frequently Once the ROP becomes available, itemDetail.asp?categoryID=822& use these codes and standards as the there is a 60-day comment period itemID=22818. during which anyone may submit a basis for developing Federal regulations The specific rules for the types of Public Comment on the proposed concerning safety. Often, the Office of motions that can be made and who can changes in the ROP. The committee the Federal Register approves the make them are set forth in NFPA’s then reconvenes at the end of the incorporation by reference of these Regulation Governing Committee comment period and acts on all standards under 5 U.S.C. 552(a) and 1 Projects which should always be Comments. CFR Part 51. consulted by those wishing to bring an When a Technical Committee begins As before, a two-thirds approval vote issue before the membership at a the development of a new or revised by written ballot of the eligible members Technical Report Session. NFPA code or standard, it enters one of of the committee is required for two Revision Cycles available each year. approval of actions on the Comments. Interested persons may submit The Revision Cycle begins with the Call All of this information is compiled into proposals, supported by written data, for Proposals, that is, a public notice a second Report, called the Report on views, or arguments to Milosh asking for any interested persons to Comments (ROC), which, like the ROP, Puchovsky, Secretary, Standards submit specific written proposals for is published and made available for Council, NFPA, 1 Batterymarch Park, developing or revising the Document. public review for a seven-week period. Quincy, Massachusetts 02269–7471. The Call for Proposals is published in a The process of public input and Proposals should be submitted on forms variety of publications. Interested review does not end with the available from the NFPA Codes and parties have approximately twenty publication of the ROP and ROC. Standards Administration Office or on weeks to respond to the Call for Following the completion of the NFPA’s Web site at http:// Proposals. Proposal and Comment periods, there is www.nfpa.org. Following the Call for Proposals yet a further opportunity for debate and Each person must include his or her period, the Technical Committee holds discussion through the Technical Report name and address, identify the a meeting to consider and accept, reject Sessions that take place at the NFPA document and give reasons for the or revise, in whole or in part, all the Annual Meeting. proposal. Proposals received before or submitted Proposals. The Committee The Technical Report Session by 5 p.m. local time on the closing date may also develop its own Proposals. A provides an opportunity for the final indicated will be acted on by the document known as the Report on Technical Committee Report (i.e., the Committee. The NFPA will consider any Proposals, or ROP, is prepared ROP and ROC) on each proposed new proposal that it receives on or before the containing all the Public Proposals, the or revised code or standard to be date listed with the codes or standard.

Document– Proposal edition Document title closing date

NFPA 10–2007 ... Standard for Portable Fire Extinguishers ...... 5/30/2008 NFPA 101–2007 Guide on Alternative Approaches to Life Safety ...... 11/26/2007 NFPA 105–2007 Standard for the Installation of Smoke Door Assemblies and Other Opening Protectives ...... 11/26/2007 NFPA 110–2005 Standard for Emergency and Standby Power Systems ...... 11/26/2007 NFPA 111–2005 Standard on Stored Electrical Energy Emergency and Standby Power Systems ...... 11/26/2007 NFPA 1124–2006 Code for the Manufacture, Transportation, Storage, and Retail Sale of Fireworks and Pyrotechnic Articles .. 11/26/2007 NFPA 1201–2004 Standard for Providing Emergency Services to the Public ...... 4/1/2008 NFPA 1221–2007 Standard for the Installation, Maintenance, and Use of Emergency Services Communications Systems ...... 11/26/2007 NFPA 1250–2004 Recommended Practice in Emergency Service Organization Risk Management ...... 4/1/2008 NFPA 130–2007 Standard for Fixed Guideway Transit and Passenger Rail Systems ...... 11/26/2007 NFPA 1620–2003 Recommended Practice for Pre-Incident Planning ...... 5/30/2008

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Document– Proposal edition Document title closing date

NFPA 1710–2004 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Oper- 11/26/2007 ations, and Special Operations to the Public by Career Fire Departments. NFPA 1720–2004 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Oper- 11/26/2007 ations and Special Operations to the Public by Volunteer Fire Departments. NFPA 1801–P* ... Standard on Thermal Imagers for the Fire Service ...... 1/25/2008 NFPA 1936–2005 Standard on Powered Rescue Tools ...... 4/1/2008 NFPA 1977–2005 Standard on Protective Clothing and Equipment for Wildland Fire Fighting ...... 2/8/2008 NFPA 1991–2005 Standard on Vapor-Protective Ensembles for Hazardous Materials Emergencies ...... 11/30/2007 NFPA 1992–2005 Standard on Liquid Splash-Protective Ensembles and Clothing for Hazardous Materials Emergencies ...... 11/30/2007 NFPA 2–P* ...... Hydrogen Technologies Code ...... 5/30/2008 NFPA 20–2007 ... Standard for the Installation of Stationary Pumps for Fire Protection ...... 11/26/2007 NFPA 214–2005 Standard on Water-Cooling Towers ...... 5/30/2008 NFPA 25–2008 ... Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems ...... 5/30/2008 NFPA 255–2006 Standard Method of Test of Surface Burning Characteristics of Building Materials ...... 11/26/2007 NFPA 302–2004 Fire Protection Standard for Pleasure and Commercial Motor Craft ...... 11/26/2007 NFPA 495–2006 Explosive Materials Code ...... 5/30/2008 NFPA 498–2006 Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives ...... 5/30/2008 NFPA 556–P* ..... Guide for Identification and Development of Mitigation Strategies for Fire Hazard to Occupants of Pas- 11/26/2007 senger Road Vehicles. NFPA 70–2006 ... Recommended Practice for Electrical Equipment Maintenance ...... 5/30/2008 NFPA 72–2007 ... National Fire Alarm Code ...... 11/2/2007 NFPA 750–2006 Standard on Water Mist Fire Protection Systems ...... 5/30/2008 NFPA 80–2007 ... Standard for Fire Doors and Other Opening Protectives ...... 11/26/2007 NFPA 804–2006 Standard for Fire Protection for Advanced Light Water Reactor Electric Generating Plants ...... 5/30/2008 NFPA 805–2006 Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants ...... 5/30/2008 NFPA 806–P* ..... Performance Based Standard for Fire Protection for Advanced Nuclear Reactor Electric Generating Plants 5/30/2008 NFPA 850–2005 Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current 5/30/2008 Converter Stations. NFPA 851–2005 Recommended Practice for Fire Protection for Hydroelectric Generating Plants ...... 5/30/2008 NFPA 99–2005 ... Standard for Health Care Facilities ...... 11/26/2007 NFPA 99–2005 ... Standard for Hypobaric Facilities ...... 11/26/2007 NFPA 99–2005 ... Standard on Gas and Vacuum Systems ...... 11/26/2007 *P Proposed NEW drafts are available from NFPA’s Web site—http://www.nfpa.org or may be obtained from NFPA’s Codes and Standards Ad- ministration, 1 Batterymarch Park, Quincy, MA 02269–7471.

Dated: October 17, 2007. with approximately 80,000 members on the Technical Committee Reports (ROP Richard F. Kayser, from over 70 nations, all working and ROC) must signal their intention by Acting Deputy Director. together to fulfill the Association’s submitting a Notice of Intent to Make a mission. Motion by the Deadline of October 17, 2008. [FR Doc. E7–20841 Filed 10–22–07; 8:45 am] Certified motions will be posted by BILLING CODE 3510–13–P The NFPA process provides ample November 14, 2008. Documents that receive opportunity for public participation in notice of proper Amending Motions the development of its codes and (Certified Amending Motions) will be DEPARTMENT OF COMMERCE standards. All NFPA codes and presented for action at the annual June 2009 standards are revised and updated every Association Technical Meeting. Documents National Institute of Standards and three to five years in Revision Cycles that receive no motions will be forwarded Technology directly to the Standards Council for action that begin twice each year and take on issuance. National Fire Protection Association approximately two years to complete. For more information on these new (NFPA): Request for Comments on Each Revision Cycle proceeds according rules and for up-to-date information on NFPA’s Codes reg; and Standards to a published schedule that includes final dates for all major events in the schedules and deadlines for processing AGENCY: National Institute of Standards process. The process contains five basic NFPA Documents, check the NFPA Web and Technology, Commerce. steps that are followed both for site at http://www.nfpa.org or contact developing new documents as well as the NFPA Codes and Standards ACTION: Notice. revising existing documents. These Administration. SUMMARY: Since 1896, the National Fire steps are: Calling for Proposals; The purpose of this notice is to Protection Association (NFPA) has Publishing the Proposals in the Report request comments on the technical accomplished its mission by advocating on Proposals (ROP); Calling for reports that will be published in the scientifically based consensus codes Comments on the Committee’s NFPA’s 2008 Fall Revision Cycle. The and standards, research, and education disposition of the Proposals and these publication of this notice by the for safety related issues. NFPA’s Comments are published in the Report National Institute of Standards and National Fire Codes, which holds over on Comments (ROC); having a Technical Technology (NIST) on behalf of NFPA is 270 documents, are administered by Report Session at the NFPA Annual being undertaken as a public service; more than 225 Technical Committees Meeting; and finally, the Standards NIST does not necessarily endorse, comprised of approximately 7,000 Council Consideration and Issuance of approve, or recommend any of the volunteers and are adopted and used documents. standards referenced in the notice. throughout the world. NFPA is a Note: Under new rules effective Fall 2005, DATES: Eighteen reports are published in nonprofit membership organization anyone wishing to make Amending Motions the 2008 Fall Revision Cycle Report on

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Proposals and will be available on Quincy, Massachusetts 02269–7471, Council, NFPA, 1 Batterymarch Park, December 21, 2007. Comments received (617) 770–3000. Quincy, Massachusetts 02269–7471. on or before February 29, 2008 will be SUPPLEMENTARY INFORMATION: Commenters may use the forms considered by the respective NFPA provided for comments in the Reports Background Committees before final action is taken on Proposals. Each person submitting a on the proposals. The National Fire Protection comment should include his or her Association (NFPA) develops building, name and address, identify the notice, ADDRESSES: The 2008 Fall Revision fire, and electrical safety codes and and give reasons for any Cycle Report on Proposals is available standards. Federal agencies frequently recommendations. Comments received and downloadable from NFPA’s Web use these codes and standards as the on or before February 29, 2008 for the site—http://www.nfpa.org or by basis for developing Federal regulations 2008 Fall Revision Cycle Report on requesting a copy from the NFPA, concerning safety. Often, the Office of Proposals will be considered by the Fulfillment Center, 11 Tracy Drive, the Federal Register approves the NFPA before final action is taken on the Avon, Massachusetts 02322. Comments incorporation by reference of these proposals. on the report should be submitted to standards under 5 U.S.C. 552(a) and 1 Copies of all written comments Milosh Puchovsky, Secretary, Standards CFR Part 51. received and the disposition of those Council, NFPA, 1 Batterymarch Park, comments by the NFPA committees will Request for Comments Quincy, Massachusetts 02269–7471. be published as the 2008 Fall Revision Interested persons may participate in Cycle Report on Comments by August FOR FURTHER INFORMATION CONTACT: these revisions by submitting written 22, 2008. A copy of the Report on Milosh Puchovsky, Secretary, Standards data, views, or arguments to Milosh Comments will be sent automatically to Council, NFPA, 1 Batterymarch Park, Puchovsky, Secretary, Standards each commenter.

2008 FALL REVISION CYCLE REPORT ON PROPOSALS [P=Partial revision; W=Withdrawal; R=Reconfirmation; N=New; C=Complete Revision]

NFPA 36 Standard for Solvent Extraction Plants ...... P NFPA 52 Vehicular Fuel Systems Code ...... P NFPA 53 ‘‘Recommended Practice on Materials, Equipment and Systems Used in Oxygen-Enriched Atmospheres’’ ...... P NFPA 55 ‘‘Standard for the Storage, Use, and Handling of Compressed Gases and Cryogenic Fluids in Portable and Stationary Con- P tainers, Cylinders, and Tanks’’. NFPA 82 Standard on Incinerators and Waste and Linen Handling Systems and Equipment ...... P NFPA 150 Standard on Fire and Life Safety in Animal Housing Facilities ...... P NFPA 170 Standard for Fire Safety and Emergency Symbols ...... P NFPA 211 ‘‘Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances’’ ...... P NFPA 225 Model Manufactured Home Installation Standard ...... C NFPA 241 ‘‘Standard for Safeguarding Construction, Alteration, and Demolition Operations’’ ...... P NFPA 271 Standard Method of Test for Heat and Visible Smoke Release Rates for Materials and Products Using an Oxygen Con- P sumption Calorimeter. NFPA 501 Standard on Manufactured Housing ...... C NFPA 501A ‘‘Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities’’ ...... C NFPA 909 ‘‘Code for the Protection of Cultural Resources Properties—Museums, Libraries, and Places of Worship’’ ...... P NFPA 1670 Standard on Operations and Training for Technical Search and Rescue Incidents ...... P NFPA 1963 Standard for Fire Hose Connections ...... P NFPA 1965 Standard for Fire Hose Appliances ...... P NFPA 1975 Standard on Station/Work Uniforms for Fire and Emergency Services ...... C

Dated: October 17, 2007. 41 CFR 102–3.65, the Department of consisted with its mission, and these Richard F. Kayser, Defense gives notice that it intends to subcommittees or working groups shall Acting Deputy Director. establish a new Federal advisory operate under the provisions of the [FR Doc. E7–20843 Filed 10–22–07; 8:45 am] committee. Federal Advisory Committee Act of BILLING CODE 3510–13–P This discretionary advisory 1972, the Government in the Sunshine committee, the Secretary of the Navy Act of 1976, and other appropriate Advisory Panel, will provide the Federal regulations. Secretary of the Navy independent DEPARTMENT OF DEFENSE advice and recommendations on the Such subcommittees or workgroups critical matters concerning the shall not work independently of the Office of the Secretary Department of the Navy. The Panel’s chartered committee, and shall report focus will include acquisition reform, all their recommendations and advice to Establishment of Federal Advisory the Secretary of the Navy Advisory Committee the shipbuilding defense industrial base, intelligence organization, and Panel for full deliberation and AGENCY: DoD. related maritime issues. In accordance discussion. Subcommittees or ACTION: Notice. with DoD policy and procedures, the workgroups have no authority to make Secretary of the Navy is authorized to decisions on behalf of the chartered SUMMARY: Under the provisions of the act upon the advice emanating from this committee nor can they report directly Federal Advisory Committee Act of advisory committee. to the Department of Defense or any 1972, (5. U.S.C. Appendix, as amended), The Secretary of the Navy Panel shall Federal officers or employees who are the Government in the Sunshine Act of be authorized to establish not members of the Secretary of the 1976 (5 U.S.C. 552b, as amended), and subcommittees, as necessary and Navy Advisory Panel.

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The Secretary of the Navy Advisory time, may provide additional guidance DEPARTMENT OF DEFENSE Panel shall be composed of not more on the submission of written statements than 15 members, who are eminent that are in response to the stated agenda Department of the Army; Corps of authorities in the fields of national for the planned meeting in question. Engineers security policy, intelligence, science, FOR FURTHER INFORMATION CONTACT: Intent To Prepare an Environmental engineering, or business and industry. Contact Jim Freeman, DoD Committee The Secretary of the Navy Panel, in Impact Statement for the Southern Management Office, 703–601–2554, Beltway Transportation Project From keeping with the DoD policy to make extension 128. every effort to achieve a balanced I–79 to the Mon/Fayette Expressway, membership, shall include a cross Dated: October 17, 2007. Washington County, PA L.M. Bynum, section of experts that are directly AGENCY: Department of the Army, U.S. affected, interested and qualified to Alternate OSD Federal Register Liaison Army Corps of Engineers, DOD. advise on U.S. defense and naval issues. Officer, Department of Defense. ACTION: Notice of intent. Panel and subcommittee members [FR Doc. 07–5218 Filed 10–22–07; 8:45 am] appointed by the Secretary of Defense, BILLING CODE 5001–06–M SUMMARY: The U.S. Army Corps of who are not full-time Federal officers or Engineers (Corps) is issuing this notice employees, shall serve as Special to advise the public that an Government Employees under the DEPARTMENT OF DEFENSE Environmental Impact Statement (EIS) authority of 5 U.S.C. 3109. Panel and will be prepared for proposed subcommittee members shall be Office of the Secretary transportation improvements between appointed on an annual basis by the Notification of an ‘‘Open Meeting’’ of Interstate 79 (I–79) and the Mon/Fayette Secretary of Defense, and with the Expressway (Turnpike 43), known exception of travel and per diem for the National Defense University Visitors (BOV) locally as a Southern Beltway official travel, they shall serve without Transportation Project, in Washington compensation. The Secretary of the AGENCY: Department of Defense; County, Pennsylvania. Navy shall select the Panel’s National Defense University. FOR FURTHER INFORMATION CONTACT: chairperson from the total Panel ACTION: Notice of ‘‘Open Meeting.’’ Scott Hans, Acting Chief, Regulatory membership. Branch, Department of the Army, The Secretary of the Navy Advisory Pittsburgh District Corps of Engineers, Panel shall meet at the call of the SUMMARY: The National Defense William S. Moorhead Federal Building, Panel’s Designated Federal Officer, in University (NDU), Designated Federal 1000 Liberty Avenue, Pittsburgh, consultation with the chairperson. The Officer, has scheduled a meeting of the Pennsylvania 15222–4186, Telephone: Designated Federal Officer, pursuant to Board of Visitors. Request subject notice (412) 395–7154; or David P. Willis, DoD policy, shall be a full-time or be published in the Federal Register. permanent part-time DoD employee, The National Defense University Board Environmental Manager, Pennsylvania and shall be appointed in accordance of Visitors is a Federal Advisory Board. Turnpike Commission, P.O. Box 67676, with established DoD policies and The Board meets twice a year in Harrisburg, Pennsylvania 17106–7676, procedures. The Designated Federal proceedings that are open to the public. Telephone: (717) 939–9551. SUPPLEMENTARY INFORMATION: The Officer or duly appointed Alternate DATES: The meeting will be held on Designated Federal Officer shall attend November 19–20, 2007 from 11:00 to Corps, in cooperation with the all committee and subcommittee 17:00 on the 19th and continuing on the Pennsylvania Turnpike Commission, meetings. 20th from 8:30 to 13:30. will now prepare an Environmental Impact Statement (EIS) on a proposal for Pursuant to 41 CFR 102–3.105(j) and Location: The Board of Visitors a limited access toll highway in 102–3.140, the public or interested meeting will be held at Building 62, Washington County, south of Pittsburgh, organizations may submit written Marshall Hall, Room 155, National Pennsylvania. The proposed highway statements to the Secretary of the Navy Defense University, 300 5th Avenue, would extend from Interstate 79 south Advisory Panel membership about the Fort McNair, Washington, DC 20319– of the Allegheny County and Panel’s mission and functions. Written 5066. statements may be submitted at any Washington County line, easterly to the time or in response to the stated agenda FOR FURTHER INFORMATION CONTACT: The Mon/Fayette Expressway (Turnpike 43), of planned meeting of the Secretary of point of contact for this notice of an near Finleyville, Washington County. the Navy Advisory Panel. ‘‘Open Meeting’’ is Jeanette Tolbert at The study corridor is approximately 19 All written statements shall be (202) 685–3955, Fax (202) 685–3328 or kilometers (12 miles) long and 2.5 submitted to the Designated Federal [email protected]. kilometers (1.5 miles) wide. Previously, Officer for the Secretary of the Navy SUPPLEMENTARY INFORMATION: State of the Federal Highway Administration Advisory Panel, and this individual will the University, National Security (FHWA) served as the lead federal ensure that the written statements are Professional Development, agency, with the Corps as a cooperating provided to the membership for their Accreditation, and Federal Policy. The agency. The Financial Plan most consideration. Contact information for meeting is open to the public; limited recently submitted by the Pennsylvania the Secretary of the Navy Advisory space is made available for observers Turnpike Commission to the Panel’s Designated Federal Officer can and will be allocated on a first-come, Southwestern Pennsylvania be obtained from the GSA’s FACA first-serve basis. Commission (SPC), the local Database—https://www.fido.gov/ Metropolitan Planning Organization, facadatabase/public.asp. Dated: October 17, 2007. was not considered reasonable by SPC. The Designated Federal Officer, L.M. Bynum, As a result, the I–79 to Mon/Fayette pursuant to 41 CFR 102–3.150, will Alternate OSD Federal Register Liaison Expressway Project was not included on announce planned meetings of the Officer, DoD. SPC’s Transportation Improvement Plan Secretary of the Navy Advisory Panel. [FR Doc. 07–5217 Filed 10–22–07; 8:45 am] (TIP) when it was updated and adopted The Designated Federal Officer, at that BILLING CODE 5001–06–M in July 2007. Subsequently, the FHWA

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has withdrawn its involvement from the DEPARTMENT OF ENERGY Department employees who did not EIS process. In order to advance this support the new policy in the project, the Pennsylvania Turnpike Contractor Employee Pension and suspended DOE Notice 351.1. The Commission has decided to continue Medical Benefits remainder of the comments were submitted by private citizens, labor project development without federal AGENCY: Office of Management, funding and FHWA oversight. Since this Department of Energy. unions, and actuarial firms. As a result of its stakeholder outreach and project will require a Section 404 permit ACTION: Notice of availability. from the Corps, the Corps will become consideration of public comments, the the lead federal agency. SUMMARY: The Office of Management is Department decided not to reissue DOE announcing the availability of a N 351.1 after it expired by its terms on The proposed highway is considered summary of the public comments it April 27, 2007. The Department is not necessary to improve the movement of received in response to a request for contemplating further action with people and goods from the Mon Valley public comments on the challenge the regard to contractor employee pension to Interstate 79 in the area south of Department of Energy (Department) and medical benefits at this time. Pittsburgh. Preliminary studies and confronts with respect to the costs and Issued in Washington, DC, on October 15, public and agency input have indicated liabilities associated with contractor 2007. that the project needs cannot be met by employee pension and medical benefits. Ingrid Kolb, Transportation System Management The Department’s request for comments Director of Management, U.S. Department of (TSM) activities, upgrading existing was published in the Federal Register Energy. roadways or mass transit improvements. on March 27, 2007. [FR Doc. E7–20801 Filed 10–22–07; 8:45 am] Several new tolled expressway ADDRESSES: The summary of public BILLING CODE 6450–01–P alternatives are under consideration. comments is available on the Internet at The No Build Alternative is also under http://management.energy.gov/. consideration. Descriptions of these FOR FURTHER INFORMATION CONTACT: Ms. DEPARTMENT OF ENERGY alternatives, the results of the Stephanie Weakley, Office of engineering, traffic, and environmental Procurement and Assistance Office of Civilian Radioactive Waste studies, and the environmental impacts Management, U.S. Department of Management; Safe Transportation and of the alternatives will be presented in Energy, 1000 Independence Avenue, Emergency Response Training; the Draft Environmental Impact SW., Washington, DC, 20585, 202–287– Technical Assistance and Funding Statement. 1645. AGENCY: Office of Civilian Radioactive A scoping meeting was held on this SUPPLEMENTARY INFORMATION: Waste Management, Department of project on August 18 and 19, 1993 in I. Background Energy. Washington, Pennsylvania. Federal, On April 26, 2006, the Department ACTION: Notice extending comment state, regional, county, and municipal issued Department of Energy Notice period. agency representatives attended and 351.1, Contractor Employee Pension and SUMMARY: On Monday, July 23, 2007, participated in this scoping meeting. In Medical Benefits Policy, which updated the Department of Energy (DOE) addition, an active public participation and revised the Department’s policy published a notice of revised proposed program was implemented on this concerning reimbursement of policy (72 FR 140) setting forth its project, including Special Agency Management and Operating (M&O) and revised plans for implementing Section Coordination Meetings, special purpose other site management contractor 180(c) of the Nuclear Waste Policy Act meetings with locally elected officials, pension and medical benefit costs. On of 1982 (the NWPA). Executive Committee Meetings, June 19, 2006, the Secretary of Energy The notice requested comments on maintenance of a project website, and suspended implementation of the the provision of technical assistance and implementation of a toll-free phone revised policy to permit consultation financial assistance for training of number. A series of public meetings with stakeholders about the purpose of public safety officials to States and have also been held to ensure public the Notice. Indian Tribes through whose input and participation. The Draft EIS On March 27, 2007, the Department jurisdictions the DOE plans to transport will be available for public and agency published a Federal Register notice (72 spent nuclear fuel or high-level review and comment prior to a public FR 14266) seeking public comments and/or recommendations on how the radioactive waste to a facility authorized hearing. Public notice will be given of under Subtitle A or C of the NWPA. The the time and place of the hearing. Department should address the challenge it faces due to the increasing training is to cover safe, routine To ensure that the full range of issues costs and financial liabilities associated transport procedures and emergency related to this proposed action are with the reimbursement of contractor response procedures as directed in the identified and addressed, comments and employee pension and medical benefit NWPA. The comment period for this suggestions are invited from all costs. The Office of Management notice of revised proposed policy was interested parties. Comments or established a Web site for the public to scheduled to close on October 22, 2007. questions concerning this proposed submit their comments and/or Today’s notice announces a 90-day action and the EIS should be directed to recommendations on how the extension of the comment period on the the Corps at the address provided above. Department should address this revised proposed policy. The Department is taking this action in order Scott A. Hans, financial challenge. The Office of Management received to allow additional time for all Acting Chief, Regulatory Branch, Pittsburgh approximately 475 comments in interested parties to comment on the District, U.S. Army Corps of Engineers. response to the March 27, 2007, request revised proposed policy. [FR Doc. E7–20812 Filed 10–22–07; 8:45 am] for public comments. The DATES: Written comments should be BILLING CODE 3710–85–P overwhelming majority of comments mailed and electronic comments were from current and retired submitted to the Department and must

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be received on or before January 22, DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time 2008. on Wednesday, October 31, 2007. Federal Energy Regulatory Docket Numbers: ER02–999–006; ADDRESSES: Written comments should Commission ER05–320–004; ER97–2460–009; ER97– be directed to Ms. Corinne Macaluso, 2463–006. Combined Notice of Filings #1 U.S. Department of Energy, c/o Patricia Applicants: Unitil Power Corporation; Temple, Bechtel SAIC Company, LLC, October 16, 2007. Unitil Energy Systems, Inc.; Unitil 955 N. L’Enfant Plaza, SW., Suite 8000, Take notice that the Commission Power Corporation; Fitchburg Gas & Washington, DC 20024. The revised received the following exempt Electric Light Company. proposed policy and electronic wholesale generator filings: Description: Unitil Energy Systems, comments forms are also available at Docket Numbers: EG08–4–000. Inc., et al., submit a request for http://www.ocrwm.doe.gov. Fill out the Applicants: FPL Energy Oliver Wind exemption from filing requirements form and click ‘‘submit’’ to send your II, LLC. applicable to Category 2 Sellers comments in through the website. Description: Notice of Self pursuant to Order 697. Persons submitting comments should Certification of Exempt Wholesale Filed Date: 10/10/2007. include their name and address. Receipt Generator Status of FPL Energy Oliver Accession Number: 20071012–0111. of written comments in response to this Wind II, LLC. Comment Date: 5 p.m. Eastern Time notice will be acknowledged if a Filed Date: 10/15/2007. on Wednesday, October 31, 2007. stamped, self-addressed postal card or Accession Number: 20071015–5021. Docket Numbers: ER06–1014–004. envelope is enclosed. Electronic Comment Date: 5 p.m. Eastern Time Applicants: New York Independent comments will receive an electronic on Monday, November 5, 2007. System Operator, Inc. notice of receipt. Docket Numbers: EG08–5–000. Description: Compliance Filing of the Applicants: Marble River, LLC. New York Independent System FOR FURTHER INFORMATION CONTACT: For Description: Notice of Self- Operator, Inc. further information on the Certification of Exempt Wholesale Filed Date: 10/15/2007. transportation of spent nuclear fuel and Generator Status of Marble River, LLC. Accession Number: 20071015–5077. high-level radioactive waste under the Filed Date: 10/15/2007. Comment Date: 5 p.m. Eastern Time Nuclear Waste Policy Act, please Accession Number: 20071015–5075. on Monday, November 5, 2007. contact: Ms. Corinne Macaluso, Office of Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–1236–002. Logistics Management, Office of Civilian on Monday, November 5, 2007. Applicants: Yuma Cogeneration Radioactive Waste Management (RW– Take notice that the Commission Associates. 10), U.S. Department of Energy, 1000 received the following electric rate Description: Yuma Cogeneration Independence Avenue, SW., filings: Associates submits revisions to its Washington, DC 20585, Telephone: Docket Numbers: ER00–2268–023; proposed market-based rate tariff. (202) 586–2837. ER99–4124–020; ER99–4122–024; Filed Date: 10/12/2007. ER07–428–002. Accession Number: 20071015–0037. General program information is Applicants: Pinnacle West Capital Comment Date: 5 p.m. Eastern Time available on the Office of Civilian Corporation; Arizona Public Service on Friday, October 26, 2007. Radioactive Waste Management Web Company; APS Energy Services Docket Numbers: ER07–1332–001. site located at http:// Company, Inc.; Pinnacle West Applicants: Smoky Hills Wind Farm, www.ocrwm.doe.gov. Marketing & Trading Company. LLC. Copies of comments received will be Description: Pinnacle West Capital Description: Smoky Hills Wind Farm, posted on the OCRWM Web site. Please Corp et al. submit a compliance filing LLC submits amendment to its allow up to two weeks after DOE pursuant to the Commission order application for order accepting market- receives comments to view them on the issued 8/13/07. based rate tariff, granting waivers and Web site. Filed Date: 10/12/2007. blanket authority. Accession Number: 20071015–0294. Filed Date: 10/12/2007. DOE will consider all comments Comment Date: 5 p.m. Eastern Time Accession Number: 20071015–0036. submitted by the closing date. on Friday, November 2, 2007. Comment Date: 5 p.m. Eastern Time Comments received after that date will Docket Numbers: ER01–1526–007; on Monday, October 22, 2007. be considered to the extent practicable. ER02–2080–006; ER02–2546–007; Docket Numbers: ER08–38–000. DOE requests that commenters pay ER97–705–017; ER99–1213–007; ER99– Applicants: Northern Renewable particular attention to the questions at 2251–006; ER99–2252–007; ER99–3248– Energy (USA), Ltd. the end of the revised proposed policy. 009. Description: Northern Renewable Issued in Washington, DC, October 17, Applicants: Newington Energy, LLC.; Energy submits an Application for 2007. Ocean Peaking Power, LLC; CED Rock Market-Based Rate Authorization and Christopher A. Kouts, Springs, Inc.; Promark Energy Inc.; Request for Waivers and Blanket Lakewood Cogeneration LP; Authorizations. Acting Principal Deputy Director, Office of Filed Date: 10/10/2007. Civilian Radioactive Waste Management. Consolidated Edison Company of New York; Orange & Rockland Utilities, Inc.; Accession Number: 20071012–0110. [FR Doc. E7–20822 Filed 10–22–07; 8:45 am] ConEdison Energy Massachusetts, Inc. Comment Date: 5 p.m. Eastern Time BILLING CODE 6450–01–P Description: Consolidated Edison on Wednesday, October 31, 2007. Energy, Inc, et al., submits a notice of Docket Numbers: ER08–39–000. non-material change in status in Applicants: CL Power Sales Two, compliance with the reporting LLC. requirements. Description: CL Power Sales Two, Filed Date: 10/10/2007. LLC submits a Notice of Cancellation of Accession Number: 20071012–0112. its FERC Electric Tariffs.

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Filed Date: 10/11/2007. Description: Consolidated Edison Comment Date: 5 p.m. Eastern Time Accession Number: 20071012–0109. Company of New York Inc’s request for on Friday, November 2, 2007. Comment Date: 5 p.m. Eastern Time limited one-time waiver of tariff Docket Numbers: ES07–67–001. on Thursday, November 1, 2007. provision and expedited treatment. Applicants: National Grid USA. Docket Numbers: ER08–40–000. Filed Date: 10/12/2007. Description: Amendment to and Applicants: PJM Interconnection, Accession Number: 20071015–0022. Notice of Partial Withdrawal of LLC. Comment Date: 5 p.m. Eastern Time Application for Authorization to Issue Description: PJM Interconnection, on Friday, November 2, 2007. Securities Under Section 204 of the LLC. submits an executed Docket Numbers: ER08–46–000. Federal Power Act, and Motion for interconnection service agreement with Applicants: Southern Company Waiver of 15-Day Waiting Period Under Conectiv Delmarva Generation. Services, Inc. Commission Rule 216 of National Grid Filed Date: 10/11/2007. Description: Southern Company USA. Accession Number: 20071015–0027. Services, Inc. as agent for Southern Filed Date: 10/15/2007. Comment Date: 5 p.m. Eastern Time Companies submits a notice of Accession Number: 20071015–5140. on Thursday, November 1, 2007. cancellation. Comment Date: 5 p.m. Eastern Time on Monday, November 5, 2007. Docket Numbers: ER08–41–000. Filed Date: 10/12/2007. Accession Number: 20071015–0023. Take notice that the Commission Applicants: ISO New England Inc. received the following open access and New England Power Pool Comment Date: 5 p.m. Eastern Time on Friday, November 2, 2007. transmission tariff filings: Participants Committee. Docket Numbers: OA08–12–000. Docket Numbers: ER08–47–000. Description: ISO New England Inc Applicants: California Independent Applicants: Mississippi Power and New England Power Pool System Operator Corporation. Participants Committee submits Company. Description: California Independent materials which identify the installed Description: Southern Company System Operator Corp submits this capacity requirement, Hydro Quebec Services, Inc. as agent for Mississippi filing to comply with the non- Interconnection Capability Credits. Power Company and Gulf Power transmission planning requirements of Filed Date: 10/11/2007. Company submits transmission facilities Order 890. Accession Number: 20071015–0028. agreement. Filed Date: 10/11/2007. Comment Date: 5 p.m. Eastern Time Filed Date: 10/12/2007. Accession Number: 20071015–0029. on Thursday, November 1, 2007. Accession Number: 20071015–0024. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: ER08–42–000. on Thursday, November 1, 2007. on Friday, November 2, 2007. Applicants: CL Power Sales Seven, Docket Numbers: OA08–13–000. LLC. Docket Numbers: ER08–48–000. Applicants: New York Independent Description: CL Power Sales Seven, Applicants: Progress Energy Florida, System Operator, Inc. LLC. submits notice of cancellation of Inc. Description: New York Independent its FERC Electric Tariffs. Description: Florida Power System Operator, Inc’s revisions to their Filed Date: 10/12/2007. Corporation dba Progress Energy Open Access Transmission Tariff to Accession Number: 20071015–0019. Florida, Inc’s CD containing its standard bring it into conformance with Order Comment Date: 5 p.m. Eastern Time large generator interconnection 890’s requirements. on Friday, November 2, 2007. agreement with Vandolah Power Filed Date: 10/12/2007. Company for the generating facility that Docket Numbers: ER08–43–000. Accession Number: 20071015–0030. Vandolah operates in Hardee County, Comment Date: 5 p.m. Eastern Time Applicants: American Electric Power FL. on Friday, November 2, 2007. Service Corp. Filed Date: 10/12/2007. Description: American Electric Power Docket Numbers: OA08–14–000. Accession Number: 20071012–4010. Applicants: Midwest Independent Service Corp on behalf of Appalachian Comment Date: 5 p.m. Eastern Time Power Company submits notice of Transmission System Operator, Inc. on Friday, November 2, 2007. Description: Midwest Independent cancellation for a letter agreement dated Take notice that the Commission 2/9/04 filed as Original Service Transmission System Operator, Inc’s received the following electric securities compliance filing revising the non-rate Agreement 610. filings: Filed Date: 10/12/2007. terms and conditions of its OATT and Docket Numbers: ES07–35–001. Energy Markets Tariff pur to FERC’s 2/ Accession Number: 20071015–0020. Applicants: Entergy Gulf States Comment Date: 5 p.m. Eastern Time 16/07 Final Rule, Order 890. Louisiana, LLC. Filed Date: 10/11/2007. on Friday, November 2, 2007. Description: Form 523— Accession Number: 20071015–0031. Docket Numbers: ER08–44–000. Supplemental to application concerning Comment Date: 5 p.m. Eastern Time Applicants: Midwest Independent request for permission to issue on Thursday, November 1, 2007. Power Suppliers. securities of Entergy Gulf States, Inc. Docket Numbers: OA08–15–000. Description: Midwest Independent Filed Date: 10/12/2007. Applicants: Oklahoma Gas and Transmission System Operator, Inc Accession Number: 20071012–5049. Electric Company. submits amended and restated small Comment Date: 5 p.m. Eastern Time Description: Order No. 890 OATT of generation interconnection agreement on Friday, November 2, 2007. Oklahoma Gas and Electric Company. among Cisco Wind Energy, LLC. Docket Numbers: ES07–36–001. Filed Date: 10/11/2007. Filed Date: 10/12/2007. Applicants: Entergy Texas, Inc. Accession Number: 20071011–5102. Accession Number: 20071015–0021. Description: Supplement to Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time application Concerning Request for on Thursday, November 1, 2007. on Friday, November 2, 2007. Permission to Issue Securities of Entergy Docket Numbers: OA07–27–001. Docket Numbers: ER08–45–000. Gulf States, Inc. Applicants: E ON U.S., LLC. Applicants: Consolidated Edison Co. Filed Date: 10/12/2007. Description: Louisville Gas and of New York, Inc. Accession Number: 20071012–5050. Electric Co et al. submits a compliance

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filing re-proposed modifications to interventions in lieu of paper, using the Chairman Kelliher and Schedules 4 and 9 of the OATT. FERC Online links at http:// Commissioners Kelly, Spitzer, Moeller, Filed Date: 10/10/2007. www.ferc.gov. To facilitate electronic and Wellinghoff voted to hold a closed Accession Number: 20071012–0100. service, persons with Internet access meeting on October 25, 2007. The Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be certification of the General Counsel on Wednesday, October 31, 2007. listed as a contact for an intervenor explaining the action closing the Docket Numbers: OA07–70–001. must create and validate an meeting is available for public Applicants: Idaho Power Company. eRegistration account using the inspection in the Commission’s Public Description: Idaho Power Co submits eRegistration link. Select the eFiling Reference Room at 888 First Street, NE., a compliance filing re proposed link to log on and submit the Washington, DC 20426. modifications to Schedule 11 of the intervention or protests. The Chairman and the OATT in compliance with FERC’s 9/10/ Persons unable to file electronically Commissioners, their assistants, the 07 Order and submit an errata to this should submit an original and 14 copies Commission’s Secretary, the General filing on 10/15/07. of the intervention or protest to the Counsel and members of her staff, and Filed Date: 10/10/2007; 10/15/2007. Federal Energy Regulatory Commission, a stenographer are expected to attend Accession Number: 20071012–0101. 888 First St., NE., Washington, DC the meeting. Other staff members from Comment Date: 5 p.m. Eastern Time 20426. the Commission’s program offices who on Wednesday, October 31, 2007. The filings in the above proceedings will advise the Commissioners in the Take notice that the Commission are accessible in the Commission’s matters discussed will also be present. received the following public utility eLibrary system by clicking on the Kimberly D. Bose, holding company filings: appropriate link in the above list. They Docket Numbers: PH08–2–000. are also available for review in the Secretary. Applicants: Southwestern Energy Co. Commission’s Public Reference Room in [FR Doc. E7–20869 Filed 10–22–07; 8:45 am] Description: FERC Form 65 A Washington, DC. There is an BILLING CODE 6717–01–P Exemption Notification of Southwestern eSubscription link on the Web site that Energy Company. enables subscribers to receive e-mail Filed Date: 10/15/2007. notification when a document is added ENVIRONMENTAL PROTECTION Accession Number: 20071015–5049. to a subscribed dockets(s). For AGENCY Comment Date: 5 p.m. Eastern Time assistance with any FERC Online on Monday, November 5, 2007. [EPA–HQ–OECA–2007–0380; FRL–8485–4] service, please e-mail Take notice that the Commission [email protected]. or call received the following electric Agency Information Collection (866) 208–3676 (toll free). For TTY, call reliability filings: Activities; Proposed Collection; (202) 502–8659. Docket Numbers: RR08–1–000. Comment Request; Air Stationary Applicants: North American Electric Nathaniel J. Davis, Sr., Source Compliance and Enforcement Reliability Corp. Acting Deputy Secretary. Information; EPA ICR No. 0107.09, OMB Control No. 2096–0096 Description: North American Electric [FR Doc. E7–20791 Filed 10–22–07; 8:45 am] Reliability Corp requests FERC’s BILLING CODE 6717–01–P AGENCY: Environmental Protection approval of Section 1600 of be added to Agency (EPA). the NERC Rules of Procedure. ACTION: Notice. Filed Date: 10/12/2007. DEPARTMENT OF ENERGY Accession Number: 20071015–0025. SUMMARY: In compliance with the Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Paperwork Reduction Act (PRA) (44 on Thursday, November 15, 2007. Commission Any person desiring to intervene or to U.S.C. 3501 et seq.), this document protest in any of the above proceedings Notice of Meeting, Notice of Vote, announces that EPA is planning to must file in accordance with Rules 211 Explanation of Action Closing Meeting submit a request to renew an existing and 214 of the Commission’s Rules of and List of Persons To Attend approved Information Collection Practice and Procedure (18 CFR 385.211 Request (ICR) to the Office of and 385.214) on or before 5 p.m. Eastern October 18, 2007. Management and Budget (OMB). This time on the specified comment date. It The following notice of meeting is ICR is scheduled to expire on June 30, is not necessary to separately intervene published pursuant to Section 3(a) of 2008. Before submitting the ICR to OMB again in a subdocket related to a the Government in the Sunshine Act for review and approval, EPA is compliance filing if you have previously (Pub. L. No. 94–409), 5 U.S.C. 552b: soliciting comments on specific aspects intervened in the same docket. Protests AGENCY HOLDING MEETING: Federal of the proposed information collection will be considered by the Commission Energy Regulatory Commission. as described below. DATES: in determining the appropriate action to DATE AND TIME: October 25, 2007. 10 Comments must be submitted on be taken, but will not serve to make a.m. or before December 24, 2007. ADDRESSES: protestants parties to the proceeding. PLACE: Room 2C, Commission Meeting Submit your comments, Anyone filing a motion to intervene or Room, 888 First Street, NE., identified by Docket ID No. EPA–HQ– protest must serve a copy of that Washington, DC 20426. OECA–2007–0380, by one of the document on the Applicant. In reference following methods: STATUS: to filings initiating a new proceeding, Closed. • http://www.regulations.gov: Follow interventions or protests submitted on MATTERS TO BE CONSIDERED: Non-Public, the on-line instructions for submitting or before the comment deadline need Investigations and Inquiries, comments. not be served on persons other than the Enforcement Related Matters. • E-mail: [email protected]. Applicant. CONTACT PERSON FOR MORE INFORMATION: • Fax: (202) 564–0032. The Commission encourages Kimberly D. Bose, Secretary, Telephone • Mail: Air Stationary Source electronic submission of protests and (202) 502–8400. Compliance and Enforcement

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Information, Environmental Protection How Can I Access the Docket and/or What Should I Consider When I Agency, Mailcode: 2222A, 1200 Submit Comments? Prepare My Comments for EPA? Pennsylvania Ave., NW., Washington, EPA has established a public docket You may find the following DC 20460. suggestions helpful for preparing your • for this ICR under Docket ID No. EPA– Hand Delivery: EPA Docket Center HQ–OECA–2007–0380, which is comments: (EPA/DC), EPA West, Room 3334, 1301 available for online viewing at 1. Explain your views as clearly as Constitution Ave., NW., Washington, www.regulations.gov, or in person possible and provide specific examples. DC. Such deliveries are only accepted viewing at the Enforcement and 2. Describe any assumptions that you used. during the Docket’s normal hours of Compliance Docket and Information 3. Provide copies of any technical operation, and special arrangements Center (ECDIC) in the EPA Docket information and/or data you used that should be made for deliveries of boxed Center (EPA/DC), EPA West, Room support your views. information. 3334, 1301 Constitution Ave., NW., 4. If you estimate potential burden or Washington, DC. The EPA/DC Public Instructions: Direct your comments to costs, explain how you arrived at the Reading Room is open from 8 a.m. to Docket ID No. EPA–HQ–OECA–2007– estimate that you provide. 4:30 p.m., Monday through Friday, 0380. EPA’s policy is that all comments 5. Offer alternative ways to improve received will be included in the public excluding legal holidays. The telephone the collection activity. docket without change and may be number for the Reading Room is 202– 6. Make sure to submit your made available online at 566–1744, and the telephone number for comments by the deadline identified the ECDIC is 202–566–1752. www.regulations.gov, including any under DATES. personal information provided, unless Use www.regulations.gov to obtain a 7. To ensure proper receipt by EPA, the comment includes information copy of the draft collection of be sure to identify the docket ID number claimed to be Confidential Business information, submit or view public assigned to this action in the subject Information (CBI) or other information comments, access the index listing of line on the first page of your response. whose disclosure is restricted by statute. the contents of the docket, and to access You may also provide the name, date, Do not submit information that you those documents in the public docket and Federal Register citation. consider to be CBI or otherwise that are available electronically. Once in What Information Collection Activity or protected through www.regulations.gov the system, select ‘‘search,’’ then key in ICR Does This Apply to? or e-mail. The www.regulations.gov Web the docket ID number identified in this site is an ‘‘anonymous access’’ system, document. Affected entities: Entities potentially which means EPA will not know your affected by this action are State, District, identity or contact information unless What Information Is EPA Particularly Local, and Commonwealth you provide it in the body of your Interested in? governments. comment. If you send an e-mail Pursuant to section 3506(c)(2)(A) of Title: Air Stationary Source comment directly to EPA without going the PRA, EPA specifically solicits Compliance and Enforcement Information. through www.regulations.gov your e- comments and information to enable it ICR numbers: EPA ICR No. 0107.09, mail address will be automatically to: captured and included as part of the OMB Control No. 2060–0096. (i) Evaluate whether the proposed comment that is placed in the public ICR status: This ICR is currently collection of information is necessary docket and made available on the scheduled to expire on June 30, 2008. for the proper performance of the Internet. If you submit an electronic An Agency may not conduct or sponsor, functions of the Agency, including comment, EPA recommends that you and a person is not required to respond whether the information will have include your name and other contact to, a collection of information, unless it practical utility; information in the body of your displays a currently valid OMB control comment and with any disk or CD–ROM (ii) Evaluate the accuracy of the number. The OMB control numbers for you submit. If EPA cannot read your Agency’s estimate of the burden of the EPA’s regulations in title 40 of the CFR, comment due to technical difficulties proposed collection of information, after appearing in the Federal Register and cannot contact you for clarification, including the validity of the when approved, are listed in 40 CFR part 9, are displayed either by EPA may not be able to consider your methodology and assumptions used; publication in the Federal Register or comment. Electronic files should avoid (iii) Enhance the quality, utility, and by other appropriate means, such as on the use of special characters, any form clarity of the information to be the related collection instrument or of encryption, and be free of any defects collected; and form, if applicable. The display of OMB or viruses. For additional information (iv) Minimize the burden of the control numbers in certain EPA about EPA’s public docket visit the EPA collection of information on those who regulations is consolidated in 40 CFR Docket Center homepage at http:// are to respond, including through the part 9. www.epa.gov/epahome/dockets.htm. use of appropriate automated electronic, Abstract: The collection of air FOR FURTHER INFORMATION CONTACT: mechanical, or other technological compliance monitoring and Betsy Metcalf, Enforcement Targeting & collection techniques or other forms of enforcement information in the Air Data Division, Office of Compliance, information technology, e.g., permitting Facility System (AFS) provides EPA (2222A), Environmental Protection electronic submission of responses. In with the ability to assess progress Agency, 1200 Pennsylvania Ave., NW., particular, EPA is requesting comments toward meeting emission requirements Washington, DC 20460; telephone from very small businesses (those that developed under the authority of the number: (202) 564–5962; fax number: employ less than 25) on examples of Clean Air Act (CAA) to protect and (202) 564–0032; e-mail address: specific additional efforts that EPA maintain the atmospheric environment [email protected]. could make to reduce the paperwork and public health. Agencies receive burden for very small businesses authorization of their CAA programs SUPPLEMENTARY INFORMATION: affected by this collection. through regulated grant authorities, and

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report compliance/enforcement management, professional, and related DATES: Additional comments may be activities undertaken at stationary occupational groups. The labor rates submitted on or before November 23, sources using the Minimum Data used in the ICR estimates will be taken 2007. Requirements (MDRs) as outlined in the from the Department of Labor ADDRESSES: Submit your comments, renewal of this ICR. This renewal Employment Compensation and Costs referencing Docket ID No. EPA–HQ– requires the continuation of reporting of (ECEC) Web site. These changes will be OAR–2007–0563, to (1) EPA online previously established MDRs with no reflected in the final supporting using www.regulations.gov (our additional new burden. The provision of statement for this ICR. Additionally, the preferred method), by e-mail to a-and- Section 114(a)(1) of the Clean Air Act, number of respondents will be corrected [email protected], or by mail to: EPA 42 U.S.C. 7414(a)(1) provide the broad to reflect 99 respondents, an increase Docket Center, Environmental authority for the reporting of from 93 in the previous ICR resulting in Protection Agency, Air and Radiation compliance monitoring and an overall increase in hours and Docket and Information Center, Mail enforcement information, along with resources for reporting. Code 2822T, 1200 Pennsylvania Ave., Subpart Q—Reports in 40 CFR part 51: What Is the Next Step in the Process for NW., Washington, DC 20460, and (2) §§ 51.324(a) and (b), and 51.327. OMB by mail to: Office of Information Burden Statement: The annual public This ICR? and Regulatory Affairs, Office of reporting and recordkeeping burden for EPA will consider the comments Management and Budget (OMB), this collection of information was received and amend the ICR as Attention: Desk Officer for EPA, 725 estimated to average 509 hours per year appropriate. The final ICR package will 17th Street, NW., Washington, DC for a small State/local agency (150 major be submitted by EPA to OMB for review 20503. sources or less), 1,463 hours per year for and approval pursuant to 5 CFR a medium state/local agency (151–499 1320.12. At that time, EPA will issue FOR FURTHER INFORMATION CONTACT: Mr. major sources) or 2,572 hours per year another Federal Register notice Bruce Moore, U.S. Environmental for large State/local agencies (greater or pursuant to 5 CFR 1320.5(a)(1)(iv) to Protection Agency, Office of Air Quality equal to 500 major sources per response. announce the submission of the ICR to Planning and Standards, Sector Policies Burden means the total time, effort, or OMB, and a second opportunity to and Programs Division, Natural financial resources expended by persons submit additional comments to OMB. If Resources and Commerce Group (E143– to generate, maintain, retain, or disclose you have any questions about this ICR, 03), Research Triangle Park, North or provide information to or for a or the approval process, please contact Carolina 27711; telephone number: Federal agency. This includes the time the technical person listed under FOR (919) 541–5460; fax number: (919) 541– needed to review instructions; develop, FURTHER INFORMATION CONTACT. 3470; e-mail address: acquire, install, and utilize technology Dated: October 15, 2007. [email protected]. and systems for the purposes of Michael M. Stahl, SUPPLEMENTARY INFORMATION: EPA has collecting, validating, and verifying Director, Office of Compliance, Office of submitted the following ICR to OMB for information, processing and Enforcement and Compliance Assurance. review and approval according to the maintaining information, and disclosing [FR Doc. E7–20833 Filed 10–22–07; 8:45 am] procedures prescribed in 5 CFR 1320.12. and providing information; adjust the BILLING CODE 6560–50–P On August 2, 2007 (72 FR 42409), EPA existing ways to comply with any sought comments on this ICR pursuant previously applicable instructions and to 5 CFR 1320.8(d). EPA received no requirements which have subsequently ENVIRONMENTAL PROTECTION comments during the comment period. changed; train personnel to be able to AGENCY Any additional comments on this ICR respond to a collection of information; should be submitted to EPA and OMB search data sources; complete and [EPA–HQ–OAR–2007–0563; FRL–8485–5] within 30 days of this notice. review the collection of information; EPA has established a public docket and transmit or otherwise disclose the Agency Information Collection Activities: Submission to OMB for for this ICR under Docket ID No. EPA– information. HQ–OAR–2007–0563 which is available The ICR provides a detailed Review and Approval; Comment Request; National Volatile Organic for online viewing at explanation of the Agency’s estimate. www.regulations.gov, or in person The estimates from the previous ICR are Compound Emission Standards for Consumer Products (Renewal); EPA viewing at the Air and Radiation Docket briefly summarized here: in the EPA Docket Center (EPA/DC), Estimated total number of potential ICR No. 1764.04; OMB Control No. EPA West, Room 3334, 1301 respondents: 99. 2060–0348 Frequency of response: Six times per Constitution Ave., NW., Washington, year (every 60 days). AGENCY: Environmental Protection DC. The EPA/DC Public Reading Room Estimated total average number of Agency (EPA). is open from 8 a.m. to 4:30 p.m., responses for each respondent: A ACTION: Notice. Monday through Friday, excluding legal minimum of six responses from each holidays. The telephone number for the respondent. SUMMARY: In compliance with the Reading Room is 202–566–1744, and the Estimated total annual burden hours: Paperwork Reduction Act (PRA) (44 telephone number for the Air and 98,183 hours. U.S.C. 3501 et seq.), this document Radiation Docket is 202–566–1742. Estimated total annual costs: announces that an Information Use EPA’s electronic docket and $3,277,935 annually. Collection Request (ICR) has been comment system at forwarded to the Office of Management www.regulations.gov, to submit or view Are There Changes in the Estimates and Budget (OMB) for review and public comments, access the index From the Last Approval? approval. This is a request to renew an listing of the contents of the docket, and EPA acknowledges that the estimated existing approved collection. The ICR, to access those documents in the docket operational and maintenance costs will which is abstracted below, describes the that are available electronically. Once in increase due to inflationary pressures nature of the information collection and the system, select ‘‘docket search,’’ then that increase hourly resource costs for its estimated burden and cost. key in the docket ID number identified

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above. Please note that EPA’s policy is technology and systems for the purposes which is abstracted below, describes the that public comments, whether of collecting, validating, and verifying nature of the information collection and submitted electronically or in paper, information, processing and its estimated burden and cost. will be made available for public maintaining information, and disclosing DATES: Additional comments may be viewing at www.regulations.gov as EPA and providing information; adjust the submitted on or before November 23, receives them and without change, existing ways to comply with any 2007. unless the comment contains previously applicable instructions and copyrighted material, Confidential requirements which have subsequently ADDRESSES: Submit your comments, Business Information (CBI), or other changed; train personnel to be able to referencing Docket ID No. EPA–HQ– information whose public disclosure is respond to a collection of information; OARM–2006–0835 to (1) EPA online restricted by statute. For further search data sources; complete and using www.regulations.gov., and (2) information about the electronic docket, review the collection of information; OMB by mail to: Office of Information go to www.regulations.gov. and transmit or otherwise disclose the and Regulatory Affairs, Office of Title: National Volatile Organic information. Management and Budget (OMB), Compound Emission Standards for Respondents/Affected Entities: Attention: Desk Officer for EPA, 725 Consumer Products (Renewal). Manufacturers and importers of 17th Street, NW., Washington, DC ICR numbers: EPA ICR No. 1764.04, consumer products. 20503. OMB Control No. 2060–0348. Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: ICR Status: This ICR is scheduled to 732. Rosyletta Simms, Office of Human expire on October 31, 2007. Under OMB Frequency of Response: On occasion. Resources, Mail Code 3600A, regulations, the Agency may continue to Estimated Total Annual Hours Environmental Protection Agency, 1200 conduct or sponsor the collection of Burden: 29,613 hours. Pennsylvania Ave., NW., Washington, information while this submission is Estimated Total Annual Costs: DC 20460; telephone number: 202–564– pending at OMB. An Agency may not $1,187,537. This includes labor costs of 7897; fax number: 202–564–4613; e-mail conduct or sponsor, and a person is not $1,187,537 and no capital or O&M costs. address: [email protected]. required to respond to, a collection of Changes in Estimates: There is no information, unless it displays a SUPPLEMENTARY INFORMATION: EPA has change in the total estimated burden currently valid OMB control number. submitted the following ICR to OMB for currently identified in the OMB The OMB control numbers for EPA’s review and approval according to the Inventory of Approved Burdens. regulations in title 40 of the CFR, after procedures prescribed in 5 CFR 1320.12. However, the estimated total annual appearing in the Federal Register when On July 11, 2007 (72 FR 37760) EPA costs are increased by $83,480 due to approved, are listed in 40 CFR part 9, sought comments on this ICR pursuant increased costs of employment are displayed either by publication in to 5 CFR 1320.8(d). EPA received no compensation since the previous the Federal Register or by other comments. Any additional comments on approval. appropriate means, such as on the this ICR should be submitted to EPA related collection instrument or form, if Dated: October 16, 2007. and OMB within 30 days of this notice. applicable. The display of OMB control Sara Hisel-McCoy, EPA has established a public docket numbers in certain EPA regulations is Acting Director, Collection Strategies for this ICR under Docket ID No. EPA– consolidated in 40 CFR part 9. Division. HQ–OARM–2006–0835, which is Abstract: The information collection [FR Doc. E7–20834 Filed 10–22–07; 8:45 am] available for online viewing at includes initial reports and periodic BILLING CODE 6560–50–P www.regulations.gov, or in person recordkeeping necessary for EPA to viewing at the Office of Environmental ensure compliance with Federal Information (OEI) Docket and standards for volatile organic ENVIRONMENTAL PROTECTION Information Center at the EPA Docket compounds in consumer products. AGENCY Center (EPA/DC), EPA West, Room Respondents are manufacturers, 3334, 1301 Constitution Ave., NW., distributors, and importers of consumer [EPA–HQ–OARM–2006–0835; FRL–8485–6] Washington, DC. The EPA/DC Public products. Responses to the collection Agency Information Collection Reading Room is open from 8 a.m. to are mandatory under 40 CFR part 59, Activities; Submission to OMB for 4:30 p.m., Monday through Friday, subpart C, National Volatile Organic Review and Approval; Comment excluding legal holidays. The telephone Compound Emission Standards for Request: Applicant Background number for the Reading Room is 202– Consumer Products. All information Questionnaire: Race, National Origin, 566–1744, and the telephone number for submitted to the EPA for which a claim Gender, and Disability Demographics the Office of Environmental Information of confidentiality is made will be (Renewal); EPA ICR No. 2248.03, OMB Docket is 202–566–1752. safeguarded according to the Agency Control No. 2030–0045 Use EPA’s electronic docket and policies set forth in 40 CFR part 2, comment system at subpart B, Confidentiality of Business AGENCY: Environmental Protection www.regulations.gov, to submit or view Information. Agency (EPA). public comments, access the index Burden Statement: The annual public ACTION: Notice. listing of the contents of the docket, and reporting and recordkeeping burden for to access those documents in the docket this collection of information is SUMMARY: In compliance with the that are available electronically. Once in estimated to average 40 hours per Paperwork Reduction Act (PRA) (44 the system, select ‘‘docket search,’’ then response. Burden means the total time, U.S.C. 3501 et seq.), this document key in the docket ID number identified effort, or financial resources expended announces that an Information above. Please note that EPA’s policy is by persons to generate, maintain, retain, Collection Request (ICR) has been that public comments, whether or disclose or provide information to or forwarded to the Office of Management submitted electronically or in paper, for a Federal agency. This includes the and Budget (OMB) for review and will be made available for public time needed to review instructions; approval. This is a request to renew an viewing at www.regulations.gov as EPA develop, acquire, install, and utilize existing approved collection. The ICR, receives them and without change,

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unless the comment contains and conditions that are directly or ENVIRONMENTAL PROTECTION copyrighted material, CBI, or other indirectly, related to the employment of AGENCY information whose public disclosure is individuals with disabilities.’’ EPA must [EPA–HQ–OPPT–2007–1016; FRL–8154–5] restricted by statute. For further collect and analyze information and information about the electronic docket, data necessary to make an informed Air Fresheners; TSCA Section 21 go to www.regulations.gov. assessment about the extent to which Petition; Notice of Receipt Title: Applicant Background the agency is meeting its responsibility Questionnaire: Race, National Origin, to provide employment opportunities AGENCY: Environmental Protection Gender, and Disability Demographics for qualified applicants and employees Agency (EPA). (Renewal). with disabilities, especially those with ACTION: Notice. ICR numbers: EPA ICR No. 2248.03, targeted disabilities. The data supplied OMB Control No. 2030–0045. by job applicants is strictly confidential SUMMARY: This notice announces that ICR Status: This ICR is scheduled to and encrypted within the software. The EPA has received a petition under expire on November 30, 2007. Under data is reported in the aggregate for section 21 of the Toxic Substances OMB regulations, the Agency may affirmative employment analyses, Control Act (TSCA), and requests continue to conduct or sponsor the planning and reporting required by the comments on issues raised by the collection of information while this EEOC and the Office of Personnel petition. The petition was received from submission is pending at OMB. An Management. the Sierra Club, the National Center for Agency may not conduct or sponsor, Burden Statement: The annual public Healthy Housing, the Alliance for and a person is not required to respond reporting and recordkeeping burden for Healthy Homes, and the Natural to, a collection of information, unless it this collection of information is Resources Defense Council on displays a currently valid OMB control estimated to average of 28 minutes or September 20, 2007. The petitioners are number. The OMB control numbers for .46 hours per response. Burden means concerned about risks to human health EPA’s regulations in title 40 of the CFR, the total time, effort, or financial and the environment from exposure to after appearing in the Federal Register resources expended by persons to air fresheners. They are petitioning EPA when approved, are listed in 40 CFR generate, maintain, retain, or disclose or to assess and reduce these risks by part 9, and are displayed either by provide information to or for a Federal exercising its authority under TSCA publication in the Federal Register or agency. This includes the time needed sections 8(c), 8(d), 4, and 6(a)(3). EPA by other appropriate means, such as on to review instructions; develop, acquire, must either grant or deny a TSCA the related collection instrument or install, and utilize technology and section 21 petition within 90 days of form, if applicable. The display of OMB systems for the purposes of collecting, receipt of the petition, and will, control numbers in certain EPA validating, and verifying information, therefore, respond to this petition by regulations is consolidated in 40 CFR processing and maintaining December 18, 2007. part 9. Abstract: The purpose of this information, and disclosing and DATES: Comments must be received on information collection request is to seek providing information; adjust the or before November 7, 2007. approval to use the Environmental existing ways to comply with any ADDRESSES: Submit your comments, Protection Agency’s EZhire, vacancy previously applicable instructions and identified by docket identification (ID) announcement and job application requirements which have subsequently number EPA–HQ–OPPT–2007–1016, by system, to collect gender, race, national changed; train personnel to be able to one of the following methods: origin, and disability information from respond to a collection of information; • Federal eRulemaking Portal: http:// employees within the agency and search data sources; complete and www.regulations.gov. Follow the on-line outside job applicants. All job review the collection of information; instructions for submitting comments. applicants, whether internal or external, and transmit or otherwise disclose the • Mail: Document Control Office are asked to complete, on a voluntary information. (7407M), Office of Pollution Prevention basis, an ‘‘Applicant Background Respondents/Affected Entities: all and Toxics (OPPT), Environmental Questionnaire: Race, National Origin, applicants applying for jobs at EPA. Protection Agency, 1200 Pennsylvania Gender, and Disability Demographics.’’ Estimated Number of Respondents: Ave., NW., Washington, DC 20460– This data is required for compliance 32,590. 0001. Frequency of Response: Once per with the Equal Employment • Hand Delivery: OPPT Document applicant. Opportunities Commission’s (EEOC) Control Office (DCO), EPA East Bldg., Estimated Total Annual Hour Burden: MD 715 and 29 CFR 1614.601. Agencies Rm. 6428, 1201 Constitution Ave., NW., 15,208. are required to: (1) Maintain a system Estimated Total Annual Cost: $0, Washington, DC. Attention: Docket ID that collects and maintains accurate includes $0 annualized Capital Startup Number EPA–HQ–OPPT–2007–1016. information on the race, national origin, costs, $0 annualized Operation and The DCO is open from 8 a.m. to 4 p.m., gender and disability of agency Maintenance (O&M) costs, and $0 Monday through Friday, excluding legal employees; (2) maintain a system that annualized Labor costs. holidays. The telephone number for the tracks applicant flow data, which Changes in the Estimates: There is no DCO is (202) 564–8930. Such deliveries identifies applicants by race, national increase/decrease of hours in the total are only accepted during the DCO’s origin, sex, and disability status and estimated burden currently identified in normal hours of operation, and special disposition of all applications; and (3) the OMB Inventory of Approved ICR arrangements should be made for maintain a tracking system of Burdens. deliveries of boxed information. recruitment activities to permit analyses Instructions: Direct your comments to of these efforts in any examination of Dated: October 16, 2007. docket ID number EPA–HQ–OPPT– potential barriers to equality of Sara Hisel-McCoy, 2007–1016. EPA’s policy is that all opportunity. MD 715 requires agencies Acting Director, Collection Strategies comments received will be included in to ‘‘conduct an internal review and Division. the docket without change and may be analysis of the effects of all current and [FR Doc. E7–20835 Filed 10–22–07; 8:45 am] made available on-line at http:// proposed policies, practices, procedures BILLING CODE 6560–50–P www.regulations.gov, including any

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personal information provided, unless to show photographic identification, B. What Should I Consider as I Prepare the comment includes information pass through a metal detector, and sign My Comments for EPA? claimed to be Confidential Business the EPA visitor log. All visitor bags are 1. Submitting CBI. Do not submit this Information (CBI) or other information processed through an X-ray machine information to EPA through whose disclosure is restricted by statute. and subject to search. Visitors will be regulations.gov or e-mail. Clearly mark Do not submit information that you provided an EPA/DC badge that must be the part or all of the information that consider to be CBI or otherwise visible at all times in the building and you claim to be CBI. For CBI protected through regulations.gov or e- returned upon departure. information in a disk or CD–ROM that mail. The regulations.gov website is an FOR FURTHER INFORMATION CONTACT: For you mail to EPA, mark the outside of the ‘‘anonymous access’’ system, which general information contact: Colby disk or CD–ROM that you mail to EPA, means EPA will not know your identity Linter, Regulatory Coordinator, mark the outside of the disk or CD–ROM or contact information unless you Environmental Assistance Division as CBI and then identify electronically provide it in the body of your comment. (7408M), Office of Pollution Prevention within the disk or CD–ROM the specific If you send an e-mail comment directly and Toxics, Environmental Protection information that is claimed as CBI. In to EPA without going through Agency, 1200 Pennsylvania Ave., NW., addition to one complete version of the regulations.gov, your e-mail address Washington, DC 20460–0001; telephone comment that includes information will be automatically captured and number: (202) 554–1404; e-mail address: claimed as CBI, a copy of the comment included as part of the comment that is [email protected]. that does not contain the information placed in the docket and made available claimed as CBI must be submitted for on the Internet. If you submit an For technical information contact: Robert Jones, Chemical Control Division inclusion in the public docket. electronic comment, EPA recommends Information so marked will not be that you include your name and other (7405M), Office Pollution Prevention and Toxics, Environmental Protection disclosed except in accordance with contact information in the body of your procedures set forth in 40 CFR part 2. comment and with any disk or CD–ROM Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone 2. Tips for preparing your comments. you submit. If EPA cannot read your When submitting comments, remember comment due to technical difficulties number: (202) 564–8161; e-mail address: [email protected]. to: and cannot contact you for clarification, i. Identify the document by docket ID EPA may not be able to consider your SUPPLEMENTARY INFORMATION: number and other identifying comment. Electronic files should avoid I. General Information information (subject heading, Federal the use of special characters, any form Register date and page number). of encryption, and be free of any defects A. Does this Action Apply to Me? ii. Follow directions. The Agency may or viruses. For additional information ask you to respond to specific questions about EPA’s public docket, visit the EPA You may be potentially affected by an action in response to this petition if you or organize comments by referencing a Docket Center homepage at http:// Code of Federal Regulations (CFR) part www.epa.gov/epahome/dockets.htm. manufacture, process, import, or distribute in commerce air fresheners or or section number. iii. Explain why you agree or disagree; Docket: All documents in the docket ingredients in air fresheners. Potentially suggest alternatives and substitute are listed in the docket index available affected entities may include, but are in regulations.gov. To access the language for your requested changes. not limited to: iv. Describe any assumptions and electronic docket, go to http:// • www.regulations.gov, select ‘‘Advanced Chemical manufacturers (including provide any technical information and/ Search,’’ then ‘‘Docket Search.’’ Insert importers) and processors (NAICS code or data that you used. the docket ID number where indicated 325), e.g., air and room freshener v. If you estimate potential costs or and select the ‘‘Submit’’ button. Follow manufacturers and manufacturers of burdens, explain how you arrived at the instructions on the regulations.gov incense. your estimate in sufficient detail to website to view the docket index or • Other miscellaneous manufacturers allow for it to be reproduced. access available documents. Although (including importers) and processors vi. Provide specific examples to listed in the index, some information is (NAICS code 3399), e.g., manufacturers illustrate your concerns and suggest not publicly available, e.g., CBI or other of candles and potpourri. alternatives. information whose disclosure is This listing is not intended to be vii. Explain your views as clearly as restricted by statute. Certain other exhaustive, but rather provides a guide possible, avoiding the use of profanity material, such as copyrighted material, for readers regarding entities that may or personal threats. will be publicly available only in hard potentially be affected by this action. viii. Make sure to submit your copy. Publicly available docket Other types of entities not listed in this comments by the comment period materials are available electronically at unit could also be affected. The North deadline identified. http://www.regulations.gov, or, if only American Industrial Classification II. Background available in hard copy, at the OPPT System (NAICS) codes have been Docket. The OPPT Docket is located in provided to assist you and others in A. What is a TSCA Section 21 Petition? the EPA Docket Center (EPA/DC) at Rm. determining whether this action might Section 21 of TSCA allows citizens to 3334, EPA West Bldg., 1301 apply to certain entities. To determine petition EPA to initiate a proceeding for Constitution Ave., NW., Washington, whether you or your business may be the issuance, amendment, or repeal of a DC. The EPA/DC Public Reading Room affected by this action, you should rule under TSCA section 4, 6, or 8 or an hours of operation are 8:30 a.m. to 4:30 carefully examine the TSCA section 21 order under TSCA section 5(e) or p.m., Monday through Friday, excluding petition on air fresheners. If you have 6(b)(2). A TSCA section 21 petition Federal holidays. The telephone number any questions regarding the must set forth facts that the petitioner of the EPA/DC Public Reading Room is applicability of this action to a believes establish the need for the action (202) 566–1744, and the telephone particular entity, consult the technical requested. EPA is required to grant or number for the OPPT Docket is (202) person listed under FOR FURTHER deny the petition within 90 days of its 566–0280. Docket visitors are required INFORMATION CONTACT. filing. If EPA grants the petition, EPA

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must promptly commence an FEDERAL RESERVE SYSTEM Company, NA, Phoenix, Arizona (in appropriate proceeding. If EPA denies organization). Formations of, Acquisitions by, and the petition, EPA must publish its Board of Governors of the Federal Reserve reasons for the denial in the Federal Mergers of Bank Holding Companies System, October 17, 2007. Register. Within 60 days of denial or The companies listed in this notice Robert deV. Frierson, expiration of the 90–day period, if no have applied to the Board for approval, Deputy Secretary of the Board. action is taken, the petitioner may pursuant to the Bank Holding Company [FR Doc.E7–20765 Filed 10–22–07; 8:45 am] commence a civil action in a U.S. Act of 1956 (12 U.S.C. 1841 et seq.) BILLING CODE 6210–01–S district court to compel initiation of the (BHC Act), Regulation Y (12 CFR Part requested rulemaking proceeding. 225), and all other applicable statutes B. What Action is Requested Under this and regulations to become a bank FEDERAL RESERVE SYSTEM TSCA Section 21 Petition? holding company and/or to acquire the assets or the ownership of, control of, or Change in Bank Control Notices; On September 20, 2007, the Sierra the power to vote shares of a bank or Acquisition of Shares of Bank or Bank Club, the National Center for Healthy bank holding company and all of the Holding Companies Housing, the Alliance for Healthy banks and nonbanking companies The notificants listed below have Homes, and the Natural Resources owned by the bank holding company, applied under the Change in Bank Defense Council petitioned EPA under including the companies listed below. Control Act (12 U.S.C. 1817(j)) and TSCA section 21. The petitioners are The applications listed below, as well § 225.41 of the Board’s Regulation Y (12 concerned about risks to human health as other related filings required by the CFR 225.41) to acquire a bank or bank and the environment from exposure to Board, are available for immediate holding company. The factors that are air fresheners. They are petitioning EPA inspection at the Federal Reserve Bank considered in acting on the notices are to assess and reduce these risks by indicated. The application also will be set forth in paragraph 7 of the Act (12 exercising its authority under TSCA available for inspection at the offices of U.S.C. 1817(j)(7)). sections 8(c), 8(d), 4, and 6(a)(3). the Board of Governors. Interested The notices are available for persons may express their views in immediate inspection at the Federal C. EPA Seeks Public Comment writing on the standards enumerated in Reserve Bank indicated. The notices Under TSCA section 21, EPA must the BHC Act (12 U.S.C. 1842(c)). If the also will be available for inspection at either grant or deny a petition within 90 proposal also involves the acquisition of the office of the Board of Governors. days. Because EPA must respond to the a nonbanking company, the review also Interested persons may express their petition by December 18, 2007, EPA will includes whether the acquisition of the views in writing to the Reserve Bank allow the public until November 7, 2007 nonbanking company complies with the indicated for that notice or to the offices standards in section 4 of the BHC Act to reply with any additional information of the Board of Governors. Comments (12 U.S.C. 1843). Unless otherwise relevant to the issues identified in the must be received not later than noted, nonbanking activities will be petition, a copy of which can be November 6, 2007. conducted throughout the United States. obtained from the public docket (see A. Federal Reserve Bank of Atlanta Additional information on all bank ADDRESSES). (David Tatum, Vice President) 1000 holding companies may be obtained Peachtree Street, N.E., Atlanta, Georgia In assessing the usability of any data from the National Information Center 30309: or information that may be submitted, website at www.ffiec.gov/nic/. 1. Jackson Parks Turner, Dalton, EPA plans to follow the guidelines in Unless otherwise noted, comments Georgia; to acquire voting shares of EPA’s ‘‘A Summary of General regarding each of these applications Alliance Bancshares, Inc., and thereby Assessment Factors for Evaluating the must be received at the Reserve Bank indirectly acquire voting shares of Quality of Scientific and Technical indicated or the offices of the Board of Alliance National Bank, both of Dalton, Information’’ (EPA 100B–03/001), Governors not later than November 16, Georgia. referred to as the ‘‘Assessment Factors 2007. Document.’’ The ‘‘Assessment Factors Board of Governors of the Federal Reserve A. Federal Reserve Bank of Atlanta System, October 17, 2007. Document’’ was published in the (David Tatum, Vice President) 1000 Robert deV. Frierson, Federal Register issue of July 1, 2003 Peachtree Street, N.E., Atlanta, Georgia (68 FR 39086) (FRL–7520–2) and is 30309: Deputy Secretary of the Board. available on-line at http://www.epa.gov/ 1. Community Bank Investors of [FR Doc. E7–20763 Filed 10–22–07; 8:45 am] fedrgstr/EPA–GENERAL/2003/July/Day- America, LP, and FA Capital, LLC, both BILLING CODE 6210–01–S 01/g16328.htm. That document is also of Midlothian, Virginia; to become bank available on-line at http://www.epa.gov/ holding companies by acquiring 34 osa/spc/assess.htm. percent of the voting shares of Bay FEDERAL RESERVE SYSTEM Bank, Tampa, Florida (upon the Change in Bank Control Notices; List of Subjects conversion of Bay Financial Savings Acquisition of Shares of Bank or Bank Bank, F.S.B., Tampa, Florida, to a state Holding Companies Environmental protection, Air member bank). fresheners, Phthalates, Volatile Organic B. Federal Reserve Bank of Chicago The notificants listed below have Compounds (VOCs). (Burl Thornton, Assistant Vice applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and Dated: October 19, 2007. President) 230 South LaSalle Street, Chicago, Illinois 60690–1414: § 225.41 of the Board’s Regulation Y (12 James B. Gulliford, 1. BTC Financial Corporation, and its CFR 225.41) to acquire a bank or bank Assistant Administrator, Office of Prevention, wholly–owned subsidiary, Midamerica holding company. The factors that are Pesticides and Toxic Substances. Financial Corporation, both of Des considered in acting on the notices are [FR Doc. E7–20930 Filed 10–22–07; 8:45 am] Moines, Iowa; to acquire 99.95 percent set forth in paragraph 7 of the Act (12 BILLING CODE 6560–50–S of the voting shares of Bankers Trust U.S.C. 1817(j)(7)).

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The notices are available for FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve immediate inspection at the Federal System, October 18, 2007. Reserve Bank indicated. The notices Formations of, Acquisitions by, and Robert deV. Frierson, also will be available for inspection at Mergers of Bank Holding Companies Deputy Secretary of the Board. the office of the Board of Governors. [FR Doc.E7–20798 Filed 10–22–07; 8:45 am] Interested persons may express their The companies listed in this notice views in writing to the Reserve Bank have applied to the Board for approval, BILLING CODE 6210–01–S indicated for that notice or to the offices pursuant to the Bank Holding Company of the Board of Governors. Comments Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM must be received not later than (BHC Act), Regulation Y (12 CFR Part November 7, 2007. 225), and all other applicable statutes Notice of Proposals to Engage in A. Federal Reserve Bank of San and regulations to become a bank Permissible Nonbanking Activities or Francisco (Tracy Basinger, Director, holding company and/or to acquire the to Acquire Companies that are Regional and Community Bank Group) assets or the ownership of, control of, or Engaged in Permissible Nonbanking 101 Market Street, San Francisco, the power to vote shares of a bank or Activities California 94105–1579: bank holding company and all of the 1. Juan C.G. Araneta, Fernando G. banks and nonbanking companies The companies listed in this notice Araneta, Maria M.G. Araneta and owned by the bank holding company, have given notice under section 4 of the Margarita A. Holigores, all of Makati including the companies listed below. Bank Holding Company Act (12 U.S.C. City, Philippines, Santiago G. Araneta 1843) (BHC Act) and Regulation Y (12 and Marilou G. Joaquin, both of Pasig The applications listed below, as well CFR Part 225) to engage de novo, or to City, Philippines, and Hugo N. Bonilla, as other related filings required by the acquire or control voting securities or Newark, California; to retain voting Board, are available for immediate assets of a company, including the shares of MNB Holdings Corporation, inspection at the Federal Reserve Bank companies listed below, that engages and thereby indirectly retain voting indicated. The application also will be either directly or through a subsidiary or shares of Mission National Bank, both of available for inspection at the offices of San Francisco, California. the Board of Governors. Interested other company, in a nonbanking activity persons may express their views in that is listed in § 225.28 of Regulation Y Board of Governors of the Federal Reserve (12 CFR 225.28) or that the Board has System, October 18, 2007. writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the determined by Order to be closely Robert deV. Frierson, related to banking and permissible for Deputy Secretary of the Board. proposal also involves the acquisition of a nonbanking company, the review also bank holding companies. Unless [FR Doc. E7–20800 Filed 10–22–07; 8:45 am] includes whether the acquisition of the otherwise noted, these activities will be BILLING CODE 6210–01–S nonbanking company complies with the conducted throughout the United States. standards in section 4 of the BHC Act Each notice is available for inspection FEDERAL RESERVE SYSTEM (12 U.S.C. 1843). Unless otherwise at the Federal Reserve Bank indicated. noted, nonbanking activities will be The notice also will be available for Formations of, Acquisitions by, and conducted throughout the United States. inspection at the offices of the Board of Mergers of Bank Holding Companies; Additional information on all bank Governors. Interested persons may Correction holding companies may be obtained express their views in writing on the from the National Information Center question whether the proposal complies This notice corrects a notice (FR Doc. website at www.ffiec.gov/nic/. with the standards of section 4 of the E7–20421) published on pages 58853 BHC Act. Additional information on all and 58854 of the issue for Wednesday, Unless otherwise noted, comments regarding each of these applications bank holding companies may be October 17, 2007. obtained from the National Information must be received at the Reserve Bank Under the Federal Reserve Bank of Center website at www.ffiec.gov/nic/. Dallas heading, the entry for The Jarrel indicated or the offices of the Board of Morris Jones Family, LLC, Tulsa, Governors not later than November 19, Unless otherwise noted, comments Oklahoma, is revised to read as follows: 2007. regarding the applications must be received at the Reserve Bank indicated A. Federal Reserve Bank of Kansas A. Federal Reserve Bank of Cleveland or the offices of the Board of Governors City (Todd Offenbacker, Assistant Vice (Douglas A. Banks, Vice President) 1455 not later than November 7, 2007. President) 925 Grand Avenue, Kansas East Sixth Street, Cleveland, Ohio City, Missouri 64198–0001: 44101–2566: A. Federal Reserve Bank of Chicago 1. The Jarrel Morris Jones Family, (Burl Thornton, Assistant Vice 1. First Citizens Banc Corp., LLC, to become a bank holding company President) 230 South LaSalle Street, Sandusky, Ohio; to merge with Futura by acquiring 35.4 percent of the voting Chicago, Illinois 60690–1414: shares of Triad Bancshares, Inc., and Banc Corp., and and thereby indirectly 1. InvestorsBancorp, Inc., Pewaukee, thereby indirectly acquire voting shares acquire voting shares of Champaign Wisconsin; to continue to engage in of Triad Bank, National Association, all National Bank, both of Urbana, Ohio. extending credit and servicing loans, of Tulsa, Oklahoma. B. Federal Reserve Bank of Kansas Comments on this application must pursuant to section 225.28(b)(1) of City (Todd Offenbacker, Assistant Vice Regulation Y. be received by November 13, 2007. President) 925 Grand Avenue, Kansas Board of Governors of the Federal Reserve City, Missouri 64198–0001: Board of Governors of the Federal Reserve System, October 18, 2007. System, October 17, 2007. 1. BOV Holding Company; to become Robert deV. Frierson, a bank holding company by acquiring at Robert deV. Frierson, Deputy Secretary of the Board. least 80 percent of the voting shares of Deputy Secretary of the Board. [FR Doc. E7–20764 Filed 10–22–07; 8:45 am] Bank of Versailles, both in Versailles, [FR Doc.E7–20799 Filed 10–22–07; 8:45 am] BILLING CODE 6210–01–S Missouri. BILLING CODE 6210–01–S

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DEPARTMENT OF HEALTH AND Division of Toxicology and identified 275 hazardous substances HUMAN SERVICES Environmental Medicine, Agency for that ATSDR and EPA determined pose Toxic Substances and Disease Registry, the most significant potential threat to Agency for Toxic Substances and Mailstop F–32, 1600 Clifton Road, NE., human health. The availability of the Disease Registry Atlanta, Georgia 30333. revised priority list of 275 hazardous [ATSDR–236] Requests for printed copies of the substances was announced in the draft toxicological profiles must be in Federal Register on December 7, 2005 Availability of Draft Toxicological writing, and must specifically identify (70 FR 72840). For prior versions of the Profiles the hazardous substance(s) profile(s) list of substances see Federal Register that you wish to receive. ATSDR notices dated April 17, 1987 (52 FR AGENCY: Agency for Toxic Substances reserves the right to provide only one 12866); October 20, 1988 (53 FR 41280); and Disease Registry (ATSDR), copy of each profile requested, free of October 26, 1989 (54 FR 43619); October Department of Health and Human charge. In case of extended distribution 17, 1990 (55 FR 42067); October 17, Services (HHS). delays, requestors will be notified. 1991 (56 FR 52166); October 28, 1992 ACTION: Notice of availability. Written comments and other data (57 FR 48801); February 28, 1994 (59 FR submitted in response to this notice and 9486); April 29, 1996 (61 FR 18744); SUMMARY: The Comprehensive the draft toxicological profiles should November 17, 1997 (62 FR 61332); Environmental Response, bear the docket control number ATSDR– October 21, 1999 (64 FR 56792); October Compensation, and Liability Act of 1980 236. Send one copy of all comments and 25, 2001 (66 FR 54014) and November (CERCLA), as amended by the three copies of all supporting 7, 2003 (68 FR 63098). [CERCLA also Superfund Amendments and documents to Ms. Roney at the above requires ATSDR to assure the initiation Reauthorization Act of 1986 (SARA), stated address by the end of the section 104(i)(3) [42 U.S.C. 9604(i)(3)] comment period. Because all public of a research program to fill data needs directs the Administrator of ATSDR to comments regarding ATSDR associated with the substances.] Section prepare toxicological profiles of priority toxicological profiles are available for 104(i)(3) of CERCLA [42 U.S.C. hazardous substances and to revise and public inspection, no confidential 9604(i)(3)] outlines the content of these publish each updated toxicological business information or other profiles. Each profile will include an profile as necessary. This notice confidential information should be examination, summary and announces the availability of the 21st submitted in response to this notice. interpretation of available toxicological information and epidemiologic set of toxicological profiles, which FOR FURTHER INFORMATION CONTACT: Ms. evaluations. This information and these consists of one new draft and six Olga Dawkins, Division of Toxicology data are to be used to identify the levels updated drafts, prepared by ATSDR for and Environmental Medicine, Agency of significant human exposure for the review and comment. for Toxic Substances and Disease substance and the associated health DATES: In order to be considered, Registry, Mailstop F–32, 1600 Clifton effects. The profiles must also include a comments on these draft toxicological Road, NE., Atlanta, Georgia 30333, determination of whether adequate profiles must be received on or before telephone 1 (888) 422–8737 or (770) information on the health effects of each February 22, 2008. Comments received 488–3315. substance is available or in the process after the close of the public comment SUPPLEMENTARY INFORMATION: The of development. When adequate period will be considered at the Superfund Amendments and information is not available, ATSDR, in discretion of ATSDR on the basis of Reauthorization Act (SARA) (Pub. L. cooperation with the National what is deemed to be in the best interest 99–499) amends the Comprehensive Toxicology Program (NTP), is required of the general public. Environmental Response, to assure the initiation of research to ADDRESSES: Requests for printed copies Compensation, and Liability Act determine these health effects. of the draft toxicological profiles should (CERCLA or Superfund) (42 U.S.C. 9601 be sent to the attention of Ms. Olga et seq.) by establishing certain Although key studies for each of the Dawkins, Division of Toxicology and responsibilities for the ATSDR and the substances were considered during the Environmental Medicine, Agency for U.S. Environmental Protection Agency profile development process, this Toxic Substances and Disease Registry, (EPA) with regard to hazardous Federal Register notice seeks to solicit Mailstop F–32, 1600 Clifton Road, NE., substances which are most commonly any additional studies, particularly Atlanta, Georgia 30333. Electronic found at facilities on the CERCLA unpublished data and ongoing studies, access to these documents is also National Priorities List (NPL). Among which will be evaluated for possible available at the ATSDR Web site: these responsibilities is that the addition to the profiles now or in the http://www.atsdr.cdc.gov/toxpro2.html. Administrator of ATSDR prepare future. Comments regarding the draft toxicological profiles for substances The following draft toxicological toxicological profiles should be sent to included on the priority lists of profiles will be made available to the the attention of Ms. Nickolette Roney, hazardous substances. These lists public on or about October 17, 2007.

Document Hazardous substance CAS No.

1...... Boron (Update) ...... 007440–42–8 2...... Chlorine* ...... 007782–50–5 3...... 1,4-Dioxane (Update) ...... 000123–91–1 4...... Ethylbenzene (Update) ...... 000100–41–4 5...... Ethylene glycol (Update) ...... 000107–21–1 6...... Plutonium (Update) ...... 007440–07–5 Plutonium –238 ...... 013981–16–3 Plutonium –239 ...... 015117–48–3 Plutonium –240 ...... 014119–33–6

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Document Hazardous substance CAS No.

7...... Styrene (Update) ...... 000100–42–5 * Denotes new profile.

All profiles issued as ‘‘Drafts for Indians, Alaska Natives and Native the OAA. A public or nonprofit Public Comment’’ represent ATSDR’s Hawaiians, which respond to local organization serving Native Hawaiians best efforts to provide important needs and are consistent with evidence- must meet the application requirements toxicological information on priority based prevention practices. A detailed contained in sections 622(1), 622(2), and hazardous substances. We are seeking description of the funding opportunity 625 of the OAA. Under the Native public comments and additional may be found at http:// American Caregiver Support Program, a information which may be used to www.olderindians.org. tribal or Native Hawaiian organization supplement these profiles. ATSDR must meet the requirements as II. Award Information remains committed to providing a contained in section 631 of the OAA. public comment period for these 1. Funding Instrument Type: Grant. These sections are described in the documents as a means to best serve 2. Anticipated Total Priority Area application kit. public health and our clients. Funding per Budget Period: The Administration on Aging (AoA) 2. Cost Sharing or Matching Dated: October 17, 2007. will accept applications for funding for Cost Sharing or matching does not Ken Rose, a three-year project period, April 1, apply to these grants. Director, Office of Policy, Planning and 2008 to March 31, 2011, in FY 2008 Evaluation, National Center for under the OAA, Title VI, Part A—Grants 3. DUNS Number Environmental Health/Agency for Toxic for Native Americans, Part B—Grants for Substances and Disease Registry. Native Hawaiian Programs and Part C— All grant applicants must obtain a D- [FR Doc. E7–20819 Filed 10–22–07; 8:45 am] Grants for the Native American U-N-S number from Dun and Bradstreet. BILLING CODE 4163–70–P Caregiver Support Program. Current It is a nine-digit identification number, annual funding levels for Title VI, Part which provides unique identifiers of A and Part B range from $72,850 to single business entities. The D-U-N-S DEPARTMENT OF HEALTH AND $135,500. Current annual funding levels number is free and easy to obtain from HUMAN SERVICES for Title VI, Part C range from $14,720 http://www.dnb.com/US/duns_update/. Administration on Aging to $58,230. Distribution of funds among 4. Intergovernmental Review tribal organizations and Native Notice of Availability Hawaiian organizations is subject to the Executive Order 12372, availability of appropriations to carry Intergovernmental Review of Federal Purpose of Notice: Availability of out Title VI. Funding is based on the Programs, is not applicable to these funding opportunity announcement. number of eligible elders over the age of grant applications. Funding Opportunity Title/Program 60 in your proposed service area. Name: Older Americans Act (OAA), Successful applications from new IV. Application and Submission Title VI, Part A—Grants for Native grantees will be funded pending Information Americans, Part B—Grants for Native availability of additional funds. For 1. Address To Request Application Hawaiian Programs and Part C—Grants those applying for Title VI, Parts A and Package for the Native American Caregiver B funding you have the option to also Support Program. apply for Part C. However, to apply for Application kits are available by Announcement Type: This is the Part C, you must apply for both Part A writing to the U.S. Department of Health initial announcement for this funding and Part C or Part B and Part C. and Human Services, Administration on opportunity. Aging, Office for American Indian, Funding Opportunity Number: III. Eligibility Criteria and Other Alaskan Native, and Native Hawaiian Program Announcement No. HHS– Requirements Programs, Washington, DC 20201, by 2008–AoA–Title VI–0802. 1. Eligible Applicants calling 202/357–3537, or online at Statutory Authority: The Older http://www.olderindians.org. Americans Act, Public Law 109–365. Eligibility for grant awards is limited Catalog of Federal Domestic to all current Title VI, Part A and Part 2. Address for Application Submission Assistance (CFDA) Number: 93.047, B grantees, current grantees who wish to Title VI Parts A and B and 93.052, Title leave a consortium, and eligible Applications must be sent overnight VI Part C. federally recognized Indian tribal delivery to the U.S. Department of Dates: The deadline date for the organizations that are not now Health and Human Services, submission of applications is January participating in Title VI, and would like Administration on Aging, Office of 22, 2008. to apply as a new grantee. Those Tribes Grants Management, 1 Massachusetts who were a part of a consortium Ave, NW., Room 4604, Washington, DC I. Funding Opportunity Description receiving a Title VI grant in 1991 and 20001, attn: Stephen Daniels (HHS– This announcement seeks proposals applying individually will be 2008–AoA–Title VI–0802). You must for grants to provide nutritional and considered an ‘‘old grantee’’. Proof of submit one original and two copies of supportive services to Indian elders and being a part of a consortium that was the application. Native Hawaiian elders under Part A funded in FY 1991 must be submitted 3. Submission Dates and Times and Part B and Family Caregiver as part of the application. A tribal support services under Part C. The goal organization or Indian tribe must meet To receive consideration, applications of these programs is to increase home the application requirements contained must be received by the deadline listed and community based services to older in sections 612(a), 612(b), and 612(c) of in the DATES section of this Notice.

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V. Responsiveness Criteria (HFD–21), Food and Drug public hearing session. The contact Each application submitted will be Administration, 5600 Fishers Lane (for person will notify interested persons screened to determine whether it was express delivery, 5630 Fishers Lane, rm. regarding their request to speak by received by the closing date and time. 1093), Rockville, MD 20857, 301–827– November 16, 2007. Applications received by the closing 7001, FAX: 301–827–6776, e-mail: Persons attending FDA’s advisory date and time will be screened for [email protected], or FDA committee meetings are advised that the completeness and conformity with the Advisory Committee Information Line, agency is not responsible for providing requirements outlined in Sections III 1–800–741–8138 (301–443–0572 in the access to electrical outlets. and IV of this Notice and the Program Washington, DC area), codes FDA welcomes the attendance of the Announcement. Only complete 3014512541 and 3014512536. Please public at its advisory committee applications that meet these call the Information Line for up-to-date meetings and will make every effort to information on this meeting. A notice in requirements will be considered for accommodate persons with physical the Federal Register about last minute funding. disabilities or special needs. If you modifications that impact a previously require special accommodations due to VI. Application Review Information announced advisory committee meeting a disability, please contact Diem-Kieu Not Applicable. cannot always be published quickly Ngo at least 7 days in advance of the enough to provide timely notice. meeting. VII. Agency Contacts Therefore, you should always check the FDA is committed to the orderly Direct inquiries regarding agency’s Web site and call the conduct of its advisory committee programmatic issues to U.S. Department appropriate advisory committee hot meetings. Please visit our Web site at of Health and Human Services, line/phone line to learn about possible http://www.fda.gov/oc/advisory/ Administration on Aging, Office for modifications before coming to the default.htm for procedures on public American Indian, Alaskan Native and meeting. conduct during advisory committee Native Hawaiian Programs, Washington, Agenda: The committees will evaluate meetings. DC 20201, telephone: (202) 357–3501. data submitted by Merck & Co., Inc., to Notice of this meeting is given under support the over-the-counter use of the Federal Advisory Committee Act (5 Dated: October 18, 2007. MEVACOR (lovastatin) 20 milligrams U.S.C. app. 2). Josefina G. Carbonell, (mg) a day to help lower cholesterol Dated: October 17, 2007. Assistant Secretary for Aging. which may prevent a first heart attack. [FR Doc. E7–20837 Filed 10–22–07; 8:45 am] FDA intends to make background Randall W. Lutter, Deputy Commissioner for Policy. BILLING CODE 4154–01–P material available to the public no later than 2 business days before the meeting. [FR Doc. E7–20855 Filed 10–22–07; 8:45 am] If FDA is unable to post the background BILLING CODE 4160–01–S DEPARTMENT OF HEALTH AND material on its Web site prior to the HUMAN SERVICES meeting, the background material will be made publicly available at the DEPARTMENT OF HEALTH AND Food and Drug Administration location of the advisory committee HUMAN SERVICES meeting, and the background material Joint Meeting of the Nonprescription will be posted on FDA’s Web site after Food and Drug Administration Drugs Advisory Committee and the the meeting. Background material is Endocrinologic and Metabolic Drugs Vaccines and Related Biological available at http://www.fda.gov/ohrms/ Products Advisory Committee; Notice Advisory Committee; Notice of Meeting dockets/ac/acmenu.htm, click on the of Meeting AGENCY: Food and Drug Administration, year 2007 and scroll down to the HHS. appropriate advisory committee link. AGENCY: Food and Drug Administration, Procedure: Interested persons may ACTION: Notice. HHS. present data, information, or views, ACTION: Notice. This notice announces a forthcoming orally or in writing, on issues pending meeting of a public advisory committee before the committee. Written This notice announces a forthcoming of the Food and Drug Administration submissions may be made to the contact meeting of a public advisory committee (FDA). The meeting will be open to the person on or before November 29, 2007. of the Food and Drug Administration public. Oral presentations from the public will (FDA). At least one portion of the Name of Committees: be scheduled between approximately 1 meeting will be closed to the public. Nonprescription Drugs Advisory p.m. and 2 p.m. Those desiring to make Name of Committee: Vaccines and Committee and the Endocrinologic and formal oral presentations should notify Related Biological Products Advisory Metabolic Drugs Advisory Committee. the contact person and submit a brief Committee. General Function of the Committees: statement of the general nature of the General Function of the Committee: To provide advice and evidence or arguments they wish to To provide advice and recommendations to the agency on present, the names and addresses of recommendations to the agency on FDA’s regulatory issues. proposed participants, and an FDA’s regulatory issues. Date and Time: The meeting will be indication of the approximate time Date and Time: The meeting will be held on December 13, 2007, from 8 a.m. requested to make their presentation on held by teleconference on November 14, to 5 p.m. or before November 15, 2007. Time 2007, from 1 p.m. to approximately 4:30 Location: Hilton Washington DC/ allotted for each presentation may be p.m. Silver Spring, The Ballrooms, 8727 limited. If the number of registrants Location: National Institutes of Colesville Rd., Silver Spring, MD. The requesting to speak is greater than can Health, Building 29B, Conference hotel telephone number is 301–589– be reasonably accommodated during the Rooms A/B, Bethesda, MD. This 5200. scheduled open public hearing session, meeting will be held by teleconference. Contact Person: Diem-Kieu Ngo, FDA may conduct a lottery to determine The public is welcome to attend the Center for Drug Evaluation and Research the speakers for the scheduled open meeting at the specified location where

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a speaker phone will be provided. location of the advisory committee conduct during advisory committee Public participation in the meeting is meeting, and the background material meetings. limited to the use of the speaker phone will be posted on FDA’s Web site after Dated: October 17, 2007. in the conference room. Important the meeting. Background material is Randall W. Lutter, information about transportation and available at http://www.fda.gov/ohrms/ directions to the National Institutes of dockets/ac/acmenu.htm, click on the Deputy Commissioner for Policy. Health (NIH) campus, parking, and year 2007 and scroll down to the [FR Doc. E7–20854 Filed 10–22–07; 8:45 am] security procedures is available on the appropriate advisory committee link. BILLING CODE 4160–01–S Internet at http://www.nih.gov/about/ Procedure: On November 14, 2007, visitor/index.htm. Visitors must show from 1 p.m. to approximately 3:30 p.m., two forms of identification, one of the meeting is open to the public. DEPARTMENT OF HEALTH AND which must be a government issued Interested persons may present data, HUMAN SERVICES information, or views, orally or in photo identification such as a Federal Food and Drug Administration employee badge, driver’s license, writing, on issues pending before the passport, green card, etc. If you are committee. Written submissions may be planning to drive to and park on the made to the contact person on or before [Docket No. 2007D–0401] November 7, 2007. Oral presentations NIH campus, you must enter at the Guidance for Industry, Food and Drug from the public will be scheduled South Dr. entrance of the campus which Administration, and Foreign between approximately 2:30 p.m. and is located on Wisconsin Ave. (the Governments; Fiscal Year 2008 3:30 p.m. Those desiring to make formal Medical Center Metro entrance), and Medical Device User Fee Small oral presentations should notify the allow extra time for vehicle inspection. Business Qualification and contact person and submit a brief Detailed information about security Certification; Availability procedures is located at http:// statement of the general nature of the www.nih.gov/about/visitorsecurity.htm. evidence or arguments they wish to AGENCY: Food and Drug Administration, Due to the limited available parking, present, the names and addresses of HHS. visitors are encouraged to use public proposed participants, and an ACTION: Notice. transportation. indication of the approximate time Contact Person: Christine Walsh or requested to make their presentation on SUMMARY: The Food and Drug Denise Royster, Center for Biologics or before October 30, 2007. Time Administration (FDA) is announcing the Evaluation and Research (HFM–71), allotted for each presentation may be availability of the guidance entitled ‘‘FY Food and Drug Administration, 1401 limited. If the number of registrants 2008 Medical Device User Fee Small Rockville Pike, Rockville, MD, 20852, requesting to speak is greater than can Business Qualification and 301–827–0314, or FDA Advisory be reasonably accommodated during the Certification.’’ This guidance explains Committee Information Line, 1–800– scheduled open public hearing session, how a business headquartered in the 741–8138 (301–443–0572 in the FDA may conduct a lottery to determine United States or headquartered in a Washington, DC area), code the speakers for the scheduled open foreign nation may respectively qualify 3014512391. Please call the Information public hearing session. The contact as ‘‘small business’’ under the medical Line for up-to-date information on this person will notify interested persons device user fee provisions of the Federal meeting. A notice in the Federal regarding their request to speak by Food, Drug, and Cosmetic Act (the act). Register about last minute modifications October 31, 2007. A ‘‘small business’’ may pay certain that impact a previously announced Closed Committee Deliberations: On medical device user fees at a substantial advisory committee meeting cannot November 14, 2007, from approximately discount from the standard (full) fee always be published quickly enough to 3:30 p.m. to 4:30 p.m., the meeting will rates and may obtain a one-time fee provide timely notice. Therefore, you be closed to permit discussion where waiver for its first premarket application should always check the agency’s Web disclosure would constitute a clearly (a premarket approval application site and call the appropriate advisory unwarranted invasion of personal (PMA), biologics license application committee hot line/phone line to learn privacy (5 U.S.C. 552b(c)(6)). The (BLA), product development protocol about possible modifications before committee will discuss reports of (PDP), or premarket report (PMR)). coming to the meeting. intramural research programs and make DATES: Agenda: On November 14, 2007, the recommendations regarding personnel Submit written or electronic committee will meet in open session to staffing decisions. comments on this guidance at any time. hear updates of the research programs Persons attending FDA’s advisory General comments on agency guidance in: (1) The Laboratory of Method committee meetings are advised that the documents are welcome at any time. Development, Division of Viral agency is not responsible for providing ADDRESSES: Submit written requests for Products, Center for Biologics access to electrical outlets. single copies of the guidance document Evaluation and Research, FDA and (2) FDA welcomes the attendance of the entitled ‘‘FY 2008 Medical Device User the Laboratory of Mycobacterial public at its advisory committee Fee Small Business Qualification and Diseases & Cellular Immunology, meetings and will make every effort to Certification’’ to the Division of Small Division of Bacterial Parasitic & accommodate persons with physical Manufacturers, International, and Allergenic Products, Center for disabilities or special needs. If you Consumer Assistance (HFZ–220), Center Biologics Evaluation and Research, require special accommodations due to for Devices and Radiological Health, FDA. a disability, please contact Christine Food and Drug Administration, 1350 FDA intends to make background Walsh or Denise Royster at least 7 days Piccard Dr., Rockville, MD 20850. Send material available to the public no later in advance of the meeting. one self-addressed adhesive label to than 2 business days before the meeting. FDA is committed to the orderly assist that office in processing your If FDA is unable to post the background conduct of its advisory committee request, or fax your request to 240–276– material on its Web site prior to the meetings. Please visit our Web site at 3151. See the SUPPLEMENTARY meeting, the background material will http://www.fda.gov/oc/advisory/ INFORMATION section for information on be made publicly available at the default.htm for procedures on public electronic access to the guidance.

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Submit written comments concerning Radiological Health (HFZ–220), Food qualify as ‘‘small business’’ under the this guidance to the Division of Dockets and Drug Administration, 9200 medical device user fee provisions of Management (HFA–305), Food and Drug Corporate Blvd., Rockville, MD 20850, the act (21 U.S.C. 301). A ‘‘small Administration, 5630 Fishers Lane, rm. 240–276–3150, ext. 116, e-mail: business’’ may pay certain medical 1061, Rockville, MD 20852. Submit [email protected]. device user fees at a substantial electronic comments to http:// SUPPLEMENTARY INFORMATION: discount from the standard (full) fee www.fda.gov/dockets/ecomments or rates and may obtain a one-time fee I. Background http://www.regulations.gov. Identify waiver for its first premarket application comments with the docket number ‘‘FY 2008 Medical Device User Fee (a PMA, BLA, PDP, or PMR). The found in brackets in the heading of this Small Business Qualification and following fees apply for fiscal year (FY) document. Certification’’ explains how a business 2008: FOR FURTHER INFORMATION CONTACT: headquartered in the United States or Joseph V. Puleo, Center for Devices and headquartered in a foreign nation may

FY 2008 Application Type Standard Fee Small Business

Premarket application (PMA, BLA, PDP, or PMR) $185,000 $46,250

Panel-track PMA supplement $138,750 $34,688

BLA efficacy supplement $185,000 $46,250

180-day PMA supplement $27,750 $6,938

Real-time PMA supplement $12,950 $3,238

510(k) premarket notification $3,404 $1,702

30-day notice $2,960 $1,480

513(g) request $2,498 $1,249

Periodic reporting on a class III device $6,475 $1,619

Establishment registration $1,706

To qualify as a ‘‘small business,’’ the their affiliates, and certify that the to receive an electronic copy of the business must have ‘‘gross receipts or information they provide to FDA is document or send a fax request to 240– sales’’ of no more than $100 million in complete and accurate. 276–3151 to receive a hard copy. Please the most-recent tax year, including the FDA is making this final guidance use the document number 2008 to ‘‘gross receipts or sales’’ of all of the document immediately available. Prior identify the guidance you are business’ affiliates (see sections public participation is not feasible requesting. 738(d)(2)(A) and (e)(2)(A) of the act (21 because it implements statutory Persons interested in obtaining a copy U.S.C. 379j(d)(2)(A) and (e)(2)(A))). An requirements that require immediate of the guidance may do so by using the affiliate is defined by section 737(12) of implementation. This guidance is Internet. CDRH maintains an entry on the act (21 U.S.C. 379i(12)) as a business necessary to help effect such the Internet for easy access to entity that has a relationship with a implementation. information including text, graphics, second business entity if, directly or and files that may be downloaded to a indirectly— II. Significance of Guidance personal computer with Internet access. ‘‘(A) one business entity controls, or has This guidance is being issued Updated on a regular basis, the CDRH the power to control, the other business consistent with FDA’s good guidance home page includes device safety alerts, entity; or practices regulation (21 CFR 10.115). Federal Register reprints, information (B) a third party controls, or has power to The guidance represents the agency’s on premarket submissions (including control, both of the business entities.’’ current thinking on FY 2008 medical lists of approved applications and A business headquartered in the device user fee small business manufacturers’ addresses), small United States must demonstrate that it qualification and certification. It does manufacturer’s assistance, information meets the $100 million threshold by not create or confer any rights for or on on video conferencing and electronic submitting a certified copy of its most- any person and does not operate to bind submissions, Mammography Matters, recent Federal (U.S.) income tax return. FDA or the public. An alternative and other device-oriented information. A business headquartered outside the approach may be used if such approach The CDRH Web site may be accessed at United States must demonstrate that it satisfies the requirements of the http://www.fda.gov/cdrh. A search meets the $100 million threshold by applicable statute and regulations. capability for all CDRH guidance submitting a National Taxing Authority documents is available at http:// III. Electronic Access Certification from the foreign equivalent www.fda.gov/cdrh/guidance.html. of the U.S. Internal Revenue Service. To receive ‘‘FY 2008 Medical Device Guidance documents are also available Under the guidance, both U.S. and User Fee Small Business Qualification on the Division of Dockets Management foreign businesses should provide FDA and Certification,’’ you may either send Internet site at http://www.fda.gov/ with contact information, identify all of an e-mail request to [email protected] ohrms/dockets.

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IV. Paperwork Reduction Act of 1995 confidential trade secrets or commercial DEPARTMENT OF THE INTERIOR This guidance contains information property such as patentable material, Bureau of Land Management collection provisions that are subject to and personal information concerning review by the Office of Management and individuals associated with the grant Budget (OMB) under the Paperwork applications, the disclosure of which DEPARTMENT OF AGRICULTURE Reduction Act of 1995 (44 USC 3501– would constitute a clearly unwarranted 3520). The collections of information in invasion of personal privacy. Forest Service this guidance were approved under Name of Committee: National Heart, Lung, [NV–912–07–1220PA–006F] OMB control number 0910–0613 and Blood Advisory Council. Notice of Public Meeting: Recreation (approval expires April 16, 2008). Date: October 30, 2007. Subcommittee Meeting of the Bureau This guidance also refers to Open: 8 a.m. to 12 p.m. of Land Management, Nevada, Sierra previously approved collections of Agenda: To discuss program policies and information found in FDA regulations. issues. Front-Northwestern Great Basin, The collections of information in Form Place: National Institutes of Health, Northeastern Great Basin and Mojave- FDA 3602 have been approved under Building 31, 31 Center Drive, Conference Southern Great Basin Resource OMB Control No. 0910–0508 (approval Room 10, Bethesda, MD 20892. Advisory Councils expires January 31, 2010). Closed: 1 p.m. to 5 p.m. AGENCIES: Bureau of Land Management, V. Comments Agenda: To review and evaluate grant Interior and Forest Service, Agriculture. applications. Interested persons may submit to the ACTION: Recreation Subcommittee Place: National Institutes of Health, Division of Dockets Management (see Meeting. Building 31, 31 Center Drive, Conference ADDRESSES) written or electronic Room 10, Bethesda, MD 20892. comments regarding this document. SUMMARY: In accordance with the Contact Person: Stephen Mockrin, PhD, Submit a single copy of electronic Federal Lands Recreation Enhancement Director, Division of Extramural Research comments or two paper copies of any Act of 2004 (FLREA), the Recreation Activities, National Heart, Lung, and Blood mailed comments, except that Subcommittee will hold a meeting to Institute, National Institutes of Health, 6701 finalize draft protocol and guidelines individuals may submit one paper copy. Rockledge Drive, Room 7100, Bethesda, MD Comments are to be identified with the and to discuss membership needs for 20892, (301) 435–0260. fiscal year 2008. docket number found in brackets in the [email protected]. DATES: Wednesday, November 14, 2007, heading of this document. Received This notice is being published less than 15 from 1 p.m. to 3 p.m. A public comment comments may be seen in the Division days prior to the meeting due to period will begin at 2:30 p.m. of Dockets Management between 9 a.m. administrative errors. and 4 p.m., Monday through Friday. Any interested person may file written ADDRESSES: Meeting place will be the Dated: October 18, 2007. comments with the committee by forwarding Bureau of Land Management, Carson Jeffrey Shuren, the statement to the Contact Person listed on City Field Office, 5665 Morgan Mill Assistant Commissioner for Policy. this notice. The statement should include the Road, Carson City, Nevada. [FR Doc. 07–5226 Filed 10–18–07; 3:08 pm] name, address, telephone number and when FOR FURTHER INFORMATION CONTACT: applicable, the business or professional Doran Sanchez, Chief, Office of BILLING CODE 4160–01–S affiliation of the interested person. Communications, (775) 861–6586, or In the interest of security, NIH has Barbara Keleher, Outdoor Recreation DEPARTMENT OF HEALTH AND instituted stringent procedures for entrance Planner, (775) 861–6628, at the BLM HUMAN SERVICES onto the NIH campus. All visitor vehicles, Nevada State Office, 1340 Financial including taxicabs, hotel, and airport shuttles Blvd., Reno, Nevada. National Institutes of Health will be inspected before allowed on campus. SUPPLEMENTARY INFORMATION: The Visitors will be asked to show one form of Federal Lands Recreation Enhancement National Heart, Lung, and Blood identification (for example, a government- Act (REA; Pub. L. 108–447), enacted on Institute; Notice of Meeting issued photo ID, driver’s license, or passport) December 8, 2004, directs the and to state the purpose of their visit. Pursuant to section 10(d) of the Secretaries of the Interior or Agriculture, Information is also available on the Federal Advisory Committee Act, as or both, to establish Recreation Resource Institute’s/Center’s home page: Advisory Committees to provide advice amended (5 U.S.C. Appendix 2), notice www.nhlbi.nih.gov/meetings/index.htm, is hereby given of a meeting of the and recommendations on recreation fees where an agenda and any additional and fee areas in each State or region for National Heart, Lung, and Blood information for the meeting will be posted Federal recreational lands and waters Advisory Council. when available. The meeting will be open to the managed by the Bureau of Land public as indicated below, with (Catalogue of Federal Domestic Assistance Management (BLM) or Forest Service. attendance limited to space available. Program Nos. 93.233, National Center for The law allows the agencies to use Individuals who plan to attend and Sleep Disorders Research; 93.837, Heart and existing Resource Advisory Councils need special assistance, such as sign Vascular Diseases Research; 93.838, Lung (RACs) or to establish new Recreation Diseases Research; 93.839, Blood Diseases language interpretation or other RACs. For Nevada, a recreation and Resources Research, National Institutes reasonable accommodations, should subcommittee of three existing RACs of Health, HHS) notify the Contact Person listed below has been designated to perform in advance of the meeting. Dated: October 18, 2007. Recreation Resource Advisory The meeting will be closed to the Jennifer Spaeth, Committee responsibilities pertaining to public in accordance with the Director, Office of Federal Advisory both BLM and Forest Service managed provisions set forth in sections Committee Policy. Federal lands and waters per the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 07–5252 Filed 10–22–07; 8:45 am] national interagency agreement between as amended. The grant applications and BLM and the Forest Service. This the discussions could disclose BILLING CODE 4140–01–M subcommittee will recommend new

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amenity fees and fee change proposals period will last no longer than 30 minutes, petition to file an application to extend to the respective RAC of the appropriate and each speaker may address the SEORAC PLO No. 6664 for an additional 2-year geographic region. for a maximum of 5 minutes. period. The withdrawal was made to An agenda will be available online at Contact Person for More Information: protect the Petroglyph Canyon and http://www.blm.gov/nv/. To receive a Program information, meeting records and a Weatherman Draw archeological sites roster of council members may be obtained copy of the agenda, please call Barbara from Scott Stoffel, Public Affairs Specialist, on public lands described as follows: Keleher. Individuals who need special 1301 S. G Street, Lakeview, OR 97630; (541) Principal Meridian, Montana, (Weatherman assistance such as sign language 947–6237. The meeting agenda will be posted Draw) interpretation or other reasonable at http://www.blm.gov/or/rac/seorrac- T. 8 S., R. 24 E., accommodations, please contact Barbara minutes.php when available. Sec. 20, S1⁄2SE1⁄4 and SE1⁄4SW1⁄4; Should you require reasonable Keleher no later than 10 days prior to Sec. 29, E1⁄2 and E1⁄2W1⁄2. the meeting. accommodation, please contact the BLM Lakeview District at (541) 947–2177 as soon (Petroglyph Canyon) Dated: October 16, 2007. as possible. T. 9 S., R. 26 E., Ron Wenker, 1 1 Shirley Gammon, Sec. 35, lots 2, 3, 6, 7, SW ⁄4NE ⁄4 and Bureau of Land Management, Nevada State SE1⁄4NW1⁄4. Director. District Manager. Dated: October 16, 2007. [FR Doc. E7–20770 Filed 10–22–07; 8:45 am] The areas described aggregate 840 BILLING CODE 4310–33–P acres in Carbon County. Ed Monnig, The purpose of the proposed Forest Service, Supervisor, Humboldt-Toiyabe extension is to continue the withdrawal National Forest. DEPARTMENT OF THE INTERIOR created by PLO No. 6664 for an [FR Doc. 07–5223 Filed 10–22–07; 8:45 am] additional 20-year term to protect the BILLING CODE 4310–HC–P Bureau of Land Management archeological sites at Petroglyph Canyon [MT–010–1430-ET; MTM 60957] and Weatherman Draw. As extended, the withdrawal would DEPARTMENT OF THE INTERIOR Notice of Proposed Withdrawal not alter the applicability of those public land laws governing the use of Bureau of Land Management Extension and Opportunity for Public Meeting; Montana lands under lease, license, or permit or [OR–010–1020–DF; HAG 08–0005] governing the disposal of the mineral or AGENCY: Bureau of Land Management, vegetative resources other than under Southeast Oregon Resource Advisory Interior. the mining laws. Council: Meeting ACTION: Notice. The use of a right-of-way or Pursuant to the Federal Advisory interagency or cooperative agreement SUMMARY: The Department of the would not adequately protect the Committee Act, the Department of the Interior proposes to extend the duration Interior Bureau of Land Management cultural resources in these areas. of Public Land Order (PLO) No. 6664 for There are no suitable alternative sites (BLM) announces the following an additional 20-year term. PLO No. available. Significant cultural resources advisory committee meeting: 6664 withdrew 840 acres of public lands are located at the Petroglyph Canyon Name: Southeast Oregon Resource in Carbon County, Montana, from and Weatherman Draw sites in the Advisory Council. settlement, sale, location, or entry under above-described public land. Time and Date: 1 p.m. November 8, 2007; the general land laws, including the Water will not be needed to fulfill the 8 a.m. November 9, 2007. United States mining laws to protect the purpose of the requested withdrawal. Place: Bureau of Land Management, Burns Bureau of Land Management (BLM) For a period of 90 days from the date District Office, 28910 Hwy 20 West, Hines, Oregon 97738. Petroglyph Canyon and Weatherman of publication of this notice, all persons Status: Open to the public. Draw archeological sites. This notice who wish to submit comments, Matters to be Considered: The Resource also gives an opportunity to comment suggestions, or objections in connection Advisory Council will consider ecology on the proposed action and to request a with the proposed withdrawal extension based ecosystem restoration initiatives, fire public meeting. The lands have been may present their views in writing to rehabilitation grazing criteria and and will remain open to mineral leasing. the BLM Billings Field Office at the transportation planning efforts for Oregon DATES: Comments and requests for a address noted above. and Washington Bureau of Land Management Comments, including names and (BLM) and U.S. Forest Service administered public meeting must be received by January 22, 2008. street addresses of respondents, will be lands. Council members will also hear available for public review at the BLM updates from Designated Federal Officials, ADDRESSES: Comments and meeting Billings Field Office at the address attend a Fremont-Winema National Forests requests should be sent to the BLM noted above during regular business Travel Management Planning presentation, Billings Field Office Manager, 5001 give liaison and subgroup reports, establish hours 8 a.m. to 4:30 p.m., Monday Southgate Drive, Billings, Montana through Friday, except holidays. Before meeting priorities, develop agenda items for 59101–4669. the next meeting and tour Oregon’s Wild including your address, phone number, Horse Corral Facility. Any other matters that FOR FURTHER INFORMATION CONTACT: Tom e-mail address, or other personal may reasonably come before the SEORAC Carroll, BLM, Billings Field Office, (406) identifying information in your may also be addressed. 896–5242, or at the above address, or comments, be advised that your entire The public is welcome to attend all Sandra Ward, BLM, Montana State comment—including your personal portions of the meeting and may contribute Office, (406) 896–5052. identifying information—may be made during the public comment period at 4 p.m. SUPPLEMENTARY INFORMATION: The publicly available at any time. While on November 9, 2007. Those who verbally address the SEORAC during the public withdrawal created by PLO No. 6664 (53 you can ask us in your comment to comment period are asked to also provide a FR 7186–7) will expire March 6, 2008, withhold your personal identifying written statement of their comments or unless extended. The Assistant information from public review, we presentation. Unless otherwise approved by Secretary for Land and Minerals cannot guarantee that we will be able to the SEORAC Chair, the public comment Management has approved the BLM do so.

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Notice is hereby given that an Federal Holidays), and ask to have your the opinion of the authorized officer, a opportunity for a public meeting is call directed to Ilene Emry, Realty competitive sale is not appropriate and afforded in connection with the Specialist. the public interest would best be served proposed withdrawal extension. All SUPPLEMENTARY INFORMATION: The by a direct sale’’. interested persons who desire a public public land is located in Yreka, The BLM Redding Field Manager has meeting for the purpose of being heard California and will be offered for sale determined that a non-competitive on the proposed withdrawal extension utilizing non-competitive (direct sale) (direct sale) will be in the best interest must submit a written request to the procedures in Siskiyou County. of the public in facilitating overall BLM Billings Field Manager within 90 administration of public lands. The days from the date of publication of this Mount Diablo Meridian, California FLPMA authorized the use of direct sale notice. If the authorized officer T. 45 N., R. 7 W., of public lands to recognize public determines that a public meeting will be Section 22, lot 13. policies by giving preference to users held, a notice of the time and place will The area described contains 0.07 acres such as the adjoining landowners. The be published in the Federal Register at more or less in Siskiyou County. BLM parcel is a small uneconomic least 30 days before the scheduled date This parcel of public land is proposed remnant that is surrounded by private of the meeting. This withdrawal for sale to Tom and Kris McCullough, land owned by the McCulloughs in a extension proposal will be processed in the adjacent landowners, at not less developing subdivision. accordance with the applicable than appraised fair market value (FMV) The potential buyer of the parcel will regulations set forth in 43 CFR 2310.4. as determined by the authorized officer make application under section 209 of (Authority: 43 CFR 2310.3–1(b)(1)) after appraisal. the Federal Land Policy and Dated: October 11, 2007. As stated, the public land is proposed Management Act of October 21, 1976, to Theresa M. Hanley, for sale subject to the applicable purchase the mineral estate along with the surface. Deputy State Director, Division of Resources. provisions of sections 203 and 209 of the FLPMA, as well as regulations at 43 Conveyance of the available mineral [FR Doc. E7–20779 Filed 10–22–07; 8:45 am] CFR Parts 2710 and 2720. The sale interests pursuant to Section 209 of the BILLING CODE 4310–$$–P disposal is carried out in accordance FLPMA would occur simultaneously with section 205 of the Federal Land with the sale of the land. The mineral DEPARTMENT OF THE INTERIOR Transaction Facilitation Act of July 25, interests being offered for conveyance 2000 (FLTFA) (43 U.S.C. 2304), in have no known mineral value. Bureau of Land Management which the proceeds from the sale of the Acceptance of a direct sale offer will lands will be deposited into the Federal constitute an application for conveyance [CA–360–1430–EU; CACA–47028] Land Disposal account. of those mineral interests. The applicant Notice of Realty Action: Proposed Consistent with FLPMA section 203, will be required to pay a $50.00 non- Direct (Non-Competitive) Sale of Public the tract of public land may be sold as returnable filing fee for conveyance of Lands in Siskiyou County, CA a result of approved land use planning the available mineral interests. if the sale of the tract meets the disposal The patent, if issued, will be subject AGENCY: Bureau of Land Management, criteria. to the following terms, conditions and Interior. The subject parcel is identified as reservations: A reservation to the United ACTION: Notice of realty action. suitable for disposal in the BLM States for ditches and canals Redding Resource Management Plan constructed by the authority of the SUMMARY: The Bureau of Land (RMP) approved July 27, 1993. The United States, Act of August 30, 1890 Management (BLM) proposes to sell a identified land is not needed for any (43 U.S.C. 945). 0.07 acre parcel of federally owned land Federal purpose. No representation, warranty or in Siskiyou County, located in Yreka, This sale also meets the criteria found covenant of any kind, express or California. The public land has been in Title 43 CFR 2710.0–3(a)(2) which implied, will be given or made by the examined and found suitable for states ‘‘Disposal of such tract shall serve United States, its officers or employees, disposal utilizing direct sale procedures. important public objectives, including as to access to or from the above The authority for the sale is established but not limited to, expansion of described parcel of land, the title to the under sections 203 and 209 of the communities and economic land, whether or to what extent the land Federal Land Policy and Management development which cannot be achieved may be developed, its physical Act of 1976 (FLPMA) (43 U.S.C. 1713 prudently or feasibly on lands other that condition or its past, present or and 1719) and the Federal Land public lands and which outweigh other potential uses, and the conveyance of Transaction Facilitation Act (FLTFA) of public objectives and values, including, any such parcel will not be on a July 25, 2000, (43 U.S.C. 2301). but not limited to recreation and scenic contingency basis. It is the buyer’s DATES: Comments regarding the values, which would be served by responsibility to be aware of all proposed sale must be received by the maintaining such tract in Federal applicable Federal, State, any local BLM Redding Field Office on or before ownership.’’ government policies and regulations December 7, 2007. The disposal (sale) of lands also meets that would affect the subject lands. It is ADDRESSES: Written comments the criteria found under 43 CFR 2710.0– also the buyer’s responsibility to be concerning the proposed sale must be 3(a)(3) where ‘‘such a tract, because of aware of existing or prospective uses of submitted to: Field Manager, Bureau of its location or other characteristics is nearby properties. Any land lacking Land Management, Redding Field difficult and uneconomic to manage as access from a public road or highway Office, 355 Hemsted Drive, Redding, CA part of the public lands, and is not will be conveyed as such, and future 96002. suitable for management by another access acquisition will be the FOR FURTHER INFORMATION CONTACT: You Federal department or agency’’. responsibility of the buyer. may contact the Redding Field Office, BLM regulations at 43 CFR 2711.3– The environmental assessment and (530) 224–2100 from 7:30 a.m to 4:30 3(a) provide: ‘‘Direct sales (without approved appraisal report covering the p.m., Monday through Friday (except competition) may be utilized, when in proposed sale are available for review at

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the BLM, Redding Field Office, DEPARTMENT OF LABOR Docket: To read or download Redding, California. comments or other material in the Occupational Safety and Health On December 7, 2007 the above docket, go to http://www.regulations.gov Administration described land will be segregated from or the OSHA Docket Office at the address above. All documents in the appropriations under the public land [Docket No. OSHA–2007–0077] docket (including this Federal Register laws, including the mining laws, except notice) are listed in the http:// the sale provision of the FLPMA. The Proposed Information Collection www.regulations.gov index; however, segregative effect will terminate upon Request Submitted for Public Comment and Recommendations; some information (e.g., copyrighted issuance of a patent, publication in the material) is not publicly available to December 7, 2007 of a termination of the Recording and Reporting Occupational Injuries and Illnesses read or download through the Web site. segregation, or October 23, 2009, unless All submissions, including copyrighted extended by the BLM California State AGENCY: Occupational Safety and Health material, are available for inspection Director in accordance with 43 CFR Administration (OSHA), Labor. and copying at the OSHA Docket Office. 2711.1–2(d) prior to the termination ACTION: Request for public comment. You may also contact Rex Tingle at the date. address below to obtain a copy of the The public land will not be offered for SUMMARY: OSHA solicits public ICR. comment concerning its proposal to sale until December 7, 2007 at the FOR FURTHER INFORMATION CONTACT: Rex extend the Office of Management and appraised fair market value. Tingle at the Office of Statistical Budget’s (OMB) approval of the Analysis, Occupational Safety and Public Comments: Interested parties information collection requirements Health Administration, U.S. Department and the general public may submit contained in 29 CFR part 1904, of Labor, Room N3507, 200 Constitution written comments to the BLM Redding Recording and Reporting Occupational Avenue, NW., Washington, DC 20210, Field Office at the address above. Injuries and Illnesses. telephone: (202) 693–1926 or Todd Comments transmitted via e-mail, DATES: Comments must be submitted facsimile, or telephone comments will Owen, Directorate of Standards and (postmarked, sent, or received) by Guidance, OSHA, U.S. Department of not be accepted. Comments, including December 24, 2007. Labor, Room N–3609, 200 Constitution names and street addresses of ADDRESSES: Avenue, NW., Washington, DC 20210; respondents, will be available for public Electronically: You may submit telephone (202) 693–2222. review in the BLM Redding Field Office comments and attachments SUPPLEMENTARY INFORMATION: during regular business hours, except electronically at http:// holidays. The classification of the land www.regulations.gov, which is the I. Background described in this Notice will become Federal eRulemaking Portal. Follow the The Department of Labor, as part of its effective December 24, 2007. instructions online for submitting continuing effort to reduce paperwork Before including your address, phone comments. and respondent (i.e., employer) burden, number, e-mail address, or other Facsimile: If your comments, conducts a preclearance consultation personal identifying information in your including attachments, are not longer program to provide the public with an comment, you should be aware that than 10 pages, you may fax them to the opportunity to comment on proposed your entire comment-including your OSHA Docket Office at (202) 693–1648. and continuing information collection personal identifying information-may be Mail, hand delivery, express mail, requirements in accordance with the made publicly available at any time. messenger, or courier service: When Paperwork Reduction Act of 1995 (44 using this method, you must submit While your can ask us in your comment U.S.C. 3506(c)(2)(A)). This program three copies of your comments and ensures that information is in the to withhold your personal identifying attachments to the OSHA Docket Office, desired format, reporting burden (time information from public review, we Docket No. OSHA–2007–0077, U.S. and costs) is minimal, collection cannot guarantee that we will be able to Department of Labor, Occupational instruments are clearly understood, and do so. Comments, including names and Safety and Health Administration, OSHA’s estimate of the information street address of respondents, will be Room N–2625, 200 Constitution collection burden is accurate. The available for public review at the BLM Avenue, NW., Washington, DC 20210. Occupational Safety and Health Act of Redding Field Office during regular Deliveries (hand, express mail, 1970 (the OSH Act) (29 U.S.C. 651, et business hours, except holidays. messenger, and courier service) are seq.) authorizes information collection Any adverse comment regarding the accepted during the Department of by employers as necessary or proposed sale will be reviewed by the Labor’s and Docket Office’s normal appropriate for enforcement of the OSH California State Director, who may business hours, 8:15 a.m. to 4:45 p.m., Act and requires that OSHA obtain such sustain, vacate, or modify this realty e.t. information with minimum burden action. In the absence of any objections, Instructions: All submissions must upon employers, especially those this proposal will become the final include the Agency name and OSHA operating small businesses, and to determination of the Department of the docket number for the ICR (OSHA– reduce to the maximum extent feasible Interior. 2007–0077). All comments, including unnecessary duplication of efforts in any personal information you provide, obtaining information (29 U.S.C. 657). (Authority: 43 CFR 2741.5) are placed in the public docket without The OSH Act and 29 CFR part 1904 Dated: October 16, 2007. change, and may be made available prescribe that certain employers Steven W. Anderson, online at http://www.regulations.gov. maintain records of work-related For further information on submitting injuries and illnesses. The injury and Redding Field Office, Manager (CA–360). comments see the ‘‘Public illness records are intended to have [FR Doc. E7–20811 Filed 10–22–07; 8:45 am] Participation’’ heading in the section of multiple purposes. One purpose is to BILLING CODE 4310–40–P this notice titled SUPPLEMENTARY provide data needed by OSHA to carry INFORMATION. out enforcement and intervention

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activities to provide employees a safe The Agency is requesting to reduce its cautions commenters about submitting and healthy work environment. The current burden hour estimate associated personal information such as social data are also needed by the Bureau of with this Standard from 3,306,650 to security numbers and date of birth. Labor Statistics to report on the number 3,072,980 hours for a total reduction of Although all submissions are listed in and rate of occupational injuries and 233,670 hours. The Agency will the http://www.regulations.gov index, illnesses in the country. The data also summarize the comments submitted in some information (e.g., copyrighted provides information to employers and response to this notice and will include material) is not publicly available to employees on the kinds of injuries and this summary in the request to OMB. read or download through this Web site. illnesses occurring in the workplace and Type of Review: Extension of a All submissions, including copyrighted their related hazards. Increased currently approved collection. material, are available for inspection employer awareness should result in the Title: 29 CFR part 1904, Recording and copying at the OSHA Docket Office. identification and voluntary correction and Reporting Occupational Injuries Information on using the http:// of hazardous workplace conditions. and Illnesses. www.regulations.gov Web site to submit Likewise, employees who are provided OMB Number: 1218–0176. comments and access the docket is information on injuries and illnesses Affected Public: Business or other for- available at the Web site’s ‘‘User Tips’’ will be more likely to follow safe work profit; farms; not-for-profit institutions; link. Contact the OSHA Docket Office practices and report workplace hazards. State and local government. for information about materials not This would generally raise the overall Cite/Reference/Form/etc.: 29 CFR part available through the Web site, and for level of safety and health in the 1904; OSHA Form 300; OSHA Form assistance in using the Internet to locate workplace. OSHA currently has 300A; OSHA Form 301. docket submissions. approval from the Office of Management Number of Respondents: 1,541,900. and Budget (OMB) for information Frequency: On occasion; annually. V. Authority and Signature collection requirements contained in 29 Average Time per Response: 2 hours Edwin G. Foulke, Jr., Assistant CFR 1904. That approval will expire on to complete forms based on the Secretary of Labor for Occupational February 29, 2008, unless OSHA applies information required. Safety and Health, directed the for an extension of the OMB approval. Estimated Total Burden Hours: preparation of this notice. The authority This notice initiates the process for 3,072,980. for this notice is the Paperwork Estimated Cost (Operation and OSHA to request an extension of the Reduction Act of 1995 (44 U.S.C. 3506, Maintenance): $0. current OMB approval. This notice also et seq.) and Secretary of Labor’s Order solicits public comment on OSHA’s IV. Public Participation—Submission of No. 5–2007 (72 FR 31159). existing paperwork burden estimates Comments on This Notice and Internet Signed at Washington, DC, on October 18, from those interested parties and seeks Access to Comments and Submissions 2007. public response to several questions You may submit comments in Edwin G. Foulke, Jr., related to the development of OSHA’s response to this document as follows: Assistant Secretary of Labor for Occupational estimation. Interested parties are (1) Electronically at http:// Safety and Health. requested to review OSHA’s estimates, www.regulations.gov, which is the [FR Doc. E7–20805 Filed 10–22–07; 8:45 am] which are based upon the most current Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P data available, and to comment on their facsimile (FAX); or (3) by hard copy. All accuracy or appropriateness in today’s comments, attachments, and other workplace situation. material must identify the Agency name LIBRARY OF CONGRESS II. Special Issues for Comment and the OSHA docket number for the OSHA has a particular interest in ICR (Docket No. OSHA–2007–0077). Copyright Office comments on the following issues: You may supplement electronic • Whether the proposed information submissions by uploading document [Docket No. 2007–10] collection requirements are necessary files electronically. If you wish to mail for the proper performance of the additional materials in reference to an Cable Statutory License: Specialty Agency’s functions, including whether electronic or facsimile submission, you Station List must submit them to the OSHA Docket the information is useful; AGENCY: Copyright Office, Library of • Office (see the section of this notice The accuracy of OSHA’s estimate of Congress. the burden (time and costs) of the titled ADDRESSES). The additional ACTION: Notice of final specialty station information collection requirements, materials must clearly identify your list. including the validity of the electronic comments by your name, date, and the docket number so the methodology and assumptions used; SUMMARY: The Copyright Office is • Agency can attach them to your The quality, utility, and clarity of publishing a final list of stations listed comments. the information collected; and in affidavits sent to the Copyright Office • Because of security procedures, the Ways to minimize the burden on in which the owner or licensee of the use of regular mail may cause a employers who must comply; for station attests that the station qualifies significant delay in the receipt of example, by using automated or other as a specialty station in accordance with comments. For information about technological information collection the Federal Communications security procedures concerning the and transmission techniques. Commission‘s (FCC) definition of delivery of materials by hand, express specialty station in effect on June 24, III. Proposed Actions delivery, messenger, or courier service, 1981. The list shall be used to verify the OSHA is requesting that OMB extend please contact the OSHA Docket Office specialty station status of those stations its approval of the information at (202) 693–2350 (TTY (877) 889– identified as such by cable systems on collection requirements contained in the 5627). Standard 29 CFR Part 1904, Recording Comments and submissions are their semi–annual statements of and Reporting Occupational Injuries posted without change at http:// account. and Illnesses. www.regulations.gov. Therefore, OSHA EFFECTIVE DATE: January 1, 2008

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FOR FURTHER INFORMATION CONTACT: station. Because this station was not KTFK–TV, Stockton, CA Tanya M. Sandros, General Counsel, listed in the earlier published list, the KTFQ–TV, Albuquerque, NM Copyright GC/I&R, P.O. Box 70400, station has been identified with an WAMI–TV, Hollywood, FL Washington, DC 20024. Telephone: asterisk (*) in the final list. Any WFTT–TV, Tampa, FL (202) 707–8380. Telefax: (202) 252– interested party may file an objection to WFTY–TV, Smithtown, NY 3423. a newly listed station or to any other WFUT–TV, Newark, NJ WOTF–TV, Melbourne, FL SUPPLEMENTARY INFORMATION: Under the late–filed affidavit, and the objection shall be filed together with the WUTF–TV, Marlborough, MA cable statutory license, section 111 of WXFT–TV, Aurora, IL title 17, United States Code, a cable corresponding affidavit. All affidavits and related comments or objections WLII(TV), Caguas, Puerto Rico operator may carry the signal of a WSUR–TV Ponce, Puerto Rico television station classified as a shall be kept on file in the Licensing Division of the Copyright Office. KBTF–CA, Bakersfield, CA specialty station at the base rate rather KFTO–CA, San Antonio, TX than at the higher 3.75% rate that is The final list of specialty stations, published herein, shall be effective KNIC–CA, San Antonio, TX incurred for the carriage of a non– KTFB–CA, Bakersfield, CA permitted signal. 37 CFR 256.2(c). January 1, 2008, for the accounting period 2008/1 and thereafter. Copyright WFPA–CA, Philadelphia, PA Specialty station status is determined by K21GC, Safford, AZ Office licensing examiners shall refer to reference to the former regulations of K45DX, Floresville, TX the final annotated list in examining a the Federal Communications KZOL–LP, Safford, AZ statement of account where a cable Commission (FCC) which defined a K16FB, Globe, AZ system operator claims specialty station specialty station as ‘‘a commercial KDOS–LP, Globe, AZ television broadcast station that status for a particular station. If a cable KTSF, San Francisco, California* system operator claims specialty station generally carries foreign–language, Dated: October 16, 2007. religious, and/or automated status for a station not on the published Marybeth Peters, programming in one–third of the hours final list, the examiner determines of an average broadcast week and one– whether the owner of the station has Register of Copyrights. third of the weekly prime–time hours.’’ filed an affidavit since publication of [FR Doc. E7–20829 Filed 10–22–07; 8:45 am] 47 CFR 76.5(kk) (1981). The FCC no the list. BILLING CODE 1410–30–S longer determines whether a station List of Specialty Stations: Call Letter qualifies as a specialty station; however, and Cities of License the Copyright Office updates the list KBLN, Grants Pass, OR NATIONAL SCIENCE FOUNDATION periodically, because the list remains KAKW, Kileen, TX KTFO–CA, Austin, TX relevant to the cable statutory license Notice of Permit Applications Received KDTV(TV), San Francisco, CA scheme. Under the Antarctic Conservation Act KDTV–CA, Santa Rosa, CA The Copyright Office published its of 1978 (Pub. L. 95–541) KFTV(TV), Hanford, CA first specialty station list in 1990 under KMEX–TV, Los Angeles, CA AGENCY: National Science Foundation. a procedure which allowed the owner of KNIC–TV, Blanco, TX ACTION: Notice of permit applications the station to file an affidavit with the KTVW–TV, Phoenix, AZ received under the Antarctic Office attesting to the fact that the KTVW–CA, Flagstaff, AZ Conservation Act of 1978, Public Law station’s programming comports with KUTH(TV), Provo, UT 95–541. the 1981 FCC definition, and hence, KUVE–TV, Green Valley, AZ qualifies it as a specialty station. 55 FR KUVE–CA, Tuscon, AZ SUMMARY: The National Science 40021 (October 1, 1990). The Office KUVN–TV, Garland, TX Foundation (NSF) is required to publish agreed at that time to periodically KUVN–CA, Fort Worth, TX notice of permit applications received to update the list. KUVS–TV, Modesto, CA conduct activities regulated under the Accordingly, on February 8, 2007, the KWEX–TV, San Antonio, TX Antarctic Conservation Act of 1978. Copyright Office published a notice KXLN–TV, Rosenberg, TX NSF has published regulations under asking the owner, or a valid agent of the WGBO–TV, Joliet, IL the Antarctic Conservation Act at Title owner, to file a sworn affidavit with the WFDC–TV, Arlington, VA 45 Part 670 of the Code of Federal Copyright Office stating that the WLTV(TV), Miami, FL Regulations. This is the required notice station’s programming satisfies the WHQS–TV, Cleveland, OH of permit applications received. FCC’s former requirements for specialty WUVG–TV, Athens, GA DATES: Interested parties are invited to station status. 72 FR 6008 (February 8, WTNC–LP, Durham, NC submit written data, comments, or 2007). WUVC–TV, Fayetteville, NC views with respect to this permit On June 15, 2007, the Office WUVP–TV, Vineland, NJ application by November 23, 2007. This published a notice listing the sixty–one WXTV(TV), Paterson, NJ application may be inspected by broadcast stations for which the owner K48GX, Tuscon, AZ interested parties at the Permit Office, or licensee of the station had filed the KABE–LP, Bakersfield, CA address below. requested affidavit. 72 FR 33251 (June KFPH–TV, Flagstaff, AZ ADDRESSES: Comments should be 15, 2007). In the notice, the Office also KFPH–CA, Phoenix, AZ addressed to Permit Office, Room 755, requested that any party objecting to any KFSF–TV, Vallejo, CA Office of Polar Programs, National claim to specialty station status submit KFTH–TV, Alvin, TX comments to the Office stating his or her KFTR–TV, Ontatio, CA Science Foundation, 4201 Wilson objections. No comments or objections KFTU–TV, Douglas, AZ Boulevard, Arlington, Virginia 22230. were filed with the Office. KFTU–CA, Tuscon, AZ FOR FURTHER INFORMATION CONTACT: Since the publication of the initial KSTR–TV, Irving, TX Nadene G. Kennedy at the above list, the Office has received one KTFD–TV, Boulder, CO address or (703) 292–7405. additional affidavit, attesting to the KTFF–TV, Portersville, CA SUPPLEMENTARY INFORMATION: The specialty station status of the identified KTFF–LP, Fresno, CA National Science Foundation, as

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directed by the Antarctic Conservation Crozier (ASPA #124), Tramway Ridge, planats (Deschampsia sp. and Act of 1978 (Pub. L. 95–541), as Mount Erebus (ASPA #130), Canada Collobanthus sp.) to meet the goals of an amended by the Antarctic Science, Glacier, Lake Fryxell, Taylor Valley NSF funded International Polar Year Tourism and Conservation Act of 1996, (ASPA #131), Cape Evans (ASPA #155), (IPY) education grant. The applicant has developed regulations for the Dry Valley ASMA 2 and South Pole will provide a unique Antarctic field establishment of a permit system for Station. based education experience to minority various activities in Antarctica and Dates: November 12, 2007 to April 20, majority undergraduate and graduate designation of certain animals and 2008. students and teachers. Students will be certain geographic areas a requiring 3. Permit Application No.: 2008–025. instructed in detail how to make special protection. The regulations Applicant: Rennie S. Holt, Director, collections in a manner that does not establish such a permit system to U.S. AMLR Program, Southwest affect the aesthetics of the site, does not designate Antarctic Specially Protected Fisheries Science Center, National impact the experience of other tourists Areas. Marine Fisheries Service, 8604 La Jolla visiting Antarctica, and is performed in The applications received are as Shores Drive, La Jolla, CA 92038. such a way to minimize the ecological follows: Activity for Which Permit Is Requested footprint of the collection process. 1. Permit Application No.: 2008–023. Applicant: Gary Hochman, NET Take, enter an Antarctic Specially Location Television (PBS), 1800 N. 33rd Street, Protected Area, and import into the Various locations in the Antarctic Lincoln, NE 68503. U.S.A. The applicant plans to capture Peninsula as selected by the Expedition up to 35 adult female Southern Elephant Leader onboard the cruise ship. Activity for Which Permit Is Requested seals annually in order to tag, dye mark, Dates: November 1, 2007 to December Enter Antarctic Specially Protected take blood samples, weigh, take 31, 2007. Areas. The applicant plans to enter whisker, muscle and blubber samples, 6. Permit Application No.: 2008–029. Arrival Heights (ASPA #122), Discovery and instrument the animals with SRDL Applicant: David L. Barbeau, Jr., Hut, Hut Point (ASPA #158), Cape and VHF recorders and transmitters. Department of Geological Sciences, Royds (ASPA 157), Cape Evans (ASPA The information and samples collected University of South Carolina, 701 #155) and Cape Crozier (ASPA 124) for will be used to study the foraging Sumter St., EWS 617, Columbia, SC the purpose of videotaping a variety of behavior and habitat utilization of the 29208. International Polar Year (IPY) scientific Southern Elephant seals. research, landscapes, aerials, and Activity for Which Permit Is Requested Location scenery for a broadcast on the PBS Enter and Antarctic Specially science series, NOVA. Cape Shirreff and San Telmo Island, Protected Area. The applicant plans to Livingston Island (ASPA #149). Location enter the Mount Flora region (ASPA Dates: November 15, 2007 to April 30, #148) to collect bedrock (sandstone and Arrival Heights (ASPA #122), 2011. mud rock) to constrain the age of Discovery Hut, Hut Point (ASPA #158), 4. Permit Application No.: 2008–027. opening of the Drake Passage in order to Cape Royds (ASPA 157), Cape Evans Applicant: David Caron, Department assess the influence of plate kinematics (ASPA #155) and Cape Crozier (ASPA of Biological Sciences, University of and ocean gateway development on 124). Southern California, 3616 Trousdale Antarctic glaciations. Dates: November 10, 2007 to January Parkway, Los Angeles, CA 90089–0371. 20, 2008. Location Activity for Which Permit Is Requested 2. Permit Application No.: 2008–024. Mount Flora (ASPA #148), Antarctic Applicant: Geoff Haines-Stiles Take and export from the U.S.A. The Peninsula. Productions, Inc., POLAR-PALOOZA, applicant wishes to bring Gemingera sp. Dates: November 1, 2007 to December 27 Washington Valley Road, (a cryptophpyta micro alga), originally 31, 2007. Morristown, NJ 07960. collected in Antarctica, back to Antarctica for use in experiments to Nadene G. Kennedy, Activity for Which Permit Is Requested quantify grazing on this cryptophyte. Permit Officer, Office of Polar Programs. Enter Antarctic Specially Protected The applicant plans to use this alga in [FR Doc. E7–20802 Filed 10–22–07; 8:45 am] Areas. The applicant plans to enter New case the naturally occurring alga is not BILLING CODE 7555–01–P College Valley, Cape Bird (ASPA #116), in high abundance in the Ross Sea. Cape Royds (ASPA #121), Backdoor Experiments will be conducted onboard Bay, Cape Royds (ASPA #157), Hut the Nathaniel B. Palmer during the Ross NUCLEAR REGULATORY Point (ASPA #158), Cape Crozier (ASPA Sea cruise. COMMISSION #124), Tramway Ridge, Mount Erebus (ASPA #130), Canada Glacier, Lake Location Sunshine Federal Register Notice Fryxell, Taylor Valley (ASPA #131), Ross Sea. and, Cape Evans (ASPA #155) to Dates: December 15, 2007 to March DATE: Weeks of October 22, 29; videotape scientific research conducted 15, 2008. November 5, 12, 19, 26, 2007. at these sites. The footage will be used 5. Permit Application No.: 2008–028. PLACE: Commissioners’ Conference in a series of pod casts and web video Applicant: Craig Tweedie, University Room, 11555 Rockville Pike, Rockville, materials on the International Polar Year of Texas at El Paso, 500 West University Maryland. (IPY). Avenue, 226 Biology Bldg., El Paso, TX STATUS: Public and Closed. 79968. Location MATTERS TO BE CONSIDERED: Activity for Which Permit Is Requested New College Valley, Cape Bird (ASPA Week of October 22, 2007 #116), Cape Royds (ASPA #121), Take and import into the U.S.A. The Backdoor Bay, Cape Royds (ASPA applicant plans to collect small samples Wednesday, October 24, 2007 #157), Hut Point (ASPA #158), Cape of lichens, moss, algae and vascular 9:25 a.m.

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Affirmation Session (Public Meeting) Contact person for more information: proposed to be issued from September (Tentative). Michelle Schroll, (301) 415–1662. 27, 2007, to October 10, 2007. The last a. Final Rule—Clarification of NRC The NRC Commission Meeting biweekly notice was published on Civil Penalty Authority Over Schedule can be found on the Internet October 9, 2007 (72 FR 57352). Contractors and Subcontractors at: http://www.nrc.gov/about-nrc/policy- Notice of Consideration of Issuance of Who Discriminate Against making/schedule.html. Amendments to Facility Operating Employees for Engaging in The NRC provides reasonable Licenses, Proposed No Significant Protected Activities (RIN 3150– accommodation to individuals with Hazards Consideration Determination, AH49) (Tentative). disabilities where appropriate. If you and Opportunity for a Hearing b. Pa’ina Hawaii, LLC (Material need a reasonable accommodation to License Application) (Tentative). participate in these public meetings, or The Commission has made a This meeting will be Web cast live at need this meeting notice or the proposed determination that the the Web address—http://www.nrc.gov. transcript or other information from the following amendment requests involve no significant hazards consideration. 9:30 a.m. public meetings in another format (e.g., Under the Commission’s regulations in Periodic Briefing on New Reactor braille, large print), please notify the 10 CFR 50.92, this means that operation Issues, Part 1 (Public Meeting) NRC’s Disability Program Coordinator, of the facility in accordance with the (Contact: Roger Rihm, 301–415– Rohn Brown, at 301–492–2279, TDD: proposed amendment would not (1) 7807). 301–415–2100, or by e-mail at [email protected]. Determinations on involve a significant increase in the This meeting will be Web cast live at probability or consequences of an the Web address—http://www.nrc.gov. requests for reasonable accommodation will be made on a case-by-case basis. accident previously evaluated; or (2) 1:30 p.m. This notice is distributed by mail to create the possibility of a new or Periodic Briefing on New Reactor several hundred subscribers; if you no different kind of accident from any Issues, Part 2 (Public Meeting) longer wish to receive it, or would like accident previously evaluated; or (3) (Contact: Roger Rihm, 301–415– to be added to the distribution, please involve a significant reduction in a 7807). contact the Office of the Secretary, margin of safety. The basis for this This meeting will be Web cast live at Washington, DC 20555 (301–415–1969). proposed determination for each the Web address—http://www.nrc.gov. In addition, distribution of this meeting amendment request is shown below. The Commission is seeking public Week of October 29, 2007—Tentative notice over the Internet system is available. If you are interested in comments on this proposed There are no meetings scheduled for determination. Any comments received receiving this Commission meeting the Week of October 29, 2007. within 30 days after the date of schedule electronically, please send an publication of this notice will be Week of November 5, 2007—Tentative electronic message to [email protected]. considered in making any final There are no meetings scheduled for Dated: October 18, 2007. determination. Within 60 days after the the Week of November 5, 2007. R. Michelle Schroll, date of publication of this notice, the Week of November 12, 2007—Tentative Office of the Secretary. licensee may file a request for a hearing [FR Doc. 07–5243 Filed 10–19–07; 10:38 am] with respect to issuance of the Wednesday, November 14, 2007 BILLING CODE 7590–01–P amendment to the subject facility 9:30 a.m. operating license and any person whose Meeting with Advisory Committee on interest may be affected by this Nuclear Waste and Materials NUCLEAR REGULATORY proceeding and who wishes to (ACNW&M) (Public Meeting) COMMISSION participate as a party in the proceeding (Contact: Antonio Dias, 301–415– must file a written request for a hearing 6805). Biweekly Notice; Applications and and a petition for leave to intervene. Amendments to Facility Operating Normally, the Commission will not This meeting will be Web cast live at Licenses Involving No Significant issue the amendment until the the Web address—http://www.nrc.gov. Hazards Considerations expiration of 60 days after the date of Week of November 19, 2007—Tentative publication of this notice. The I. Background There are no meetings scheduled for Commission may issue the license the Week of November 19, 2007. Pursuant to section 189a.(2) of the amendment before expiration of the 60- Atomic Energy Act of 1954, as amended day period provided that its final Week of November 26, 2007—Tentative (the Act), the U.S. Nuclear Regulatory determination is that the amendment Tuesday, November 27, 2007 Commission (the Commission or NRC involves no significant hazards staff) is publishing this regular biweekly consideration. In addition, the 9:30 a.m. notice. The Act requires the Commission may issue the amendment Discussion of Security Issues Commission publish notice of any prior to the expiration of the 30-day (Closed—Ex. 1 & 3). amendments issued, or proposed to be comment period should circumstances 1:30 p.m. issued and grants the Commission the change during the 30-day comment Briefing on Equal Employment authority to issue and make period such that failure to act in a Opportunity (EEO) Programs immediately effective any amendment timely way would result, for example in (Public Meeting) (Contact: Sandra to an operating license upon a derating or shutdown of the facility. Talley, 301–415–8059). determination by the Commission that Should the Commission take action This meeting will be Web cast live at such amendment involves no significant prior to the expiration of either the the Web address—http://www.nrc.gov. hazards consideration, notwithstanding comment period or the notice period, it * The schedule for Commission the pendency before the Commission of will publish in the Federal Register a meetings is subject to change on short a request for a hearing from any person. notice of issuance. Should the notice. To verify the status of meetings, This biweekly notice includes all Commission make a final No Significant call (recording)—(301) 415–1292. notices of amendments issued, or Hazards Consideration Determination,

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any hearing will take place after how that interest may be affected by the issue the amendment and make it issuance. The Commission expects that results of the proceeding. The petition immediately effective, notwithstanding the need to take this action will occur should specifically explain the reasons the request for a hearing. Any hearing very infrequently. why intervention should be permitted held would take place after issuance of Written comments may be submitted with particular reference to the the amendment. If the final by mail to the Chief, Rulemaking, following general requirements: (1) The determination is that the amendment Directives and Editing Branch, Division name, address, and telephone number of request involves a significant hazards of Administrative Services, Office of the requestor or petitioner; (2) the consideration, any hearing held would Administration, U.S. Nuclear Regulatory nature of the requestor’s/petitioner’s take place before the issuance of any Commission, Washington, DC 20555– right under the Act to be made a party amendment. 0001, and should cite the publication to the proceeding; (3) the nature and A request for a hearing or a petition date and page number of this Federal extent of the requestor’s/petitioner’s for leave to intervene must be filed by: Register notice. Written comments may property, financial, or other interest in (1) First class mail addressed to the also be delivered to Room 6D22, Two the proceeding; and (4) the possible Office of the Secretary of the White Flint North, 11545 Rockville effect of any decision or order which Commission, U.S. Nuclear Regulatory Pike, Rockville, Maryland, from 7:30 may be entered in the proceeding on the Commission, Washington, DC 20555– a.m. to 4:15 p.m. Federal workdays. requestor’s/petitioner’s interest. The 0001, Attention: Rulemaking and Copies of written comments received petition must also set forth the specific Adjudications Staff; (2) courier, express may be examined at the Commission’s contentions which the petitioner/ mail, and expedited delivery services: Public Document Room (PDR), located requestor seeks to have litigated at the Office of the Secretary, Sixteenth Floor, at One White Flint North, Public File proceeding. One White Flint North, 11555 Rockville Area O1F21, 11555 Rockville Pike (first Each contention must consist of a Pike, Rockville, Maryland 20852, floor), Rockville, Maryland. The filing of specific statement of the issue of law or Attention: Rulemaking and requests for a hearing and petitions for fact to be raised or controverted. In Adjudications Staff; (3) E-mail leave to intervene is discussed below. addition, the petitioner/requestor shall addressed to the Office of the Secretary, Within 60 days after the date of provide a brief explanation of the bases U.S. Nuclear Regulatory Commission, publication of this notice, the licensee for the contention and a concise [email protected]; or (4) facsimile may file a request for a hearing with statement of the alleged facts or expert transmission addressed to the Office of respect to issuance of the amendment to opinion which support the contention the Secretary, U.S. Nuclear Regulatory the subject facility operating license and and on which the petitioner/requestor Commission, Washington, DC, any person whose interest may be intends to rely in proving the contention Attention: Rulemakings and affected by this proceeding and who at the hearing. The petitioner/requestor Adjudications Staff at (301) 415–1101, wishes to participate as a party in the must also provide references to those verification number is (301) 415–1966. proceeding must file a written request specific sources and documents of A copy of the request for hearing and for a hearing and a petition for leave to which the petitioner is aware and on petition for leave to intervene should intervene. Requests for a hearing and a which the petitioner/requestor intends also be sent to the Office of the General petition for leave to intervene shall be to rely to establish those facts or expert Counsel, U.S. Nuclear Regulatory filed in accordance with the opinion. The petition must include Commission, Washington, DC 20555– Commission’s ‘‘Rules of Practice for sufficient information to show that a 0001, and it is requested that copies be Domestic Licensing Proceedings’’ in 10 genuine dispute exists with the transmitted either by means of facsimile CFR Part 2. Interested persons should applicant on a material issue of law or transmission to (301) 415–3725 or by e- consult a current copy of 10 CFR 2.309, fact. Contentions shall be limited to mail to [email protected]. A copy which is available at the Commission’s matters within the scope of the of the request for hearing and petition PDR, located at One White Flint North, amendment under consideration. The for leave to intervene should also be Public File Area 01F21, 11555 Rockville contention must be one which, if sent to the attorney for the licensee. Pike (first floor), Rockville, Maryland. proven, would entitle the petitioner/ Nontimely requests and/or petitions Publicly available records will be requestor to relief. A petitioner/ and contentions will not be entertained accessible from the Agencywide requestor who fails to satisfy these absent a determination by the Documents Access and Management requirements with respect to at least one Commission or the presiding officer of System’s (ADAMS) Public Electronic contention will not be permitted to the Atomic Safety and Licensing Board Reading Room on the Internet at the participate as a party. that the petition, request and/or the NRC Web site, http://www.nrc.gov/ Those permitted to intervene become contentions should be granted based on reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any a balancing of the factors specified in 10 request for a hearing or petition for limitations in the order granting leave to CFR 2.309(a)(1)(i)–(viii). leave to intervene is filed within 60 intervene, and have the opportunity to For further details with respect to this days, the Commission or a presiding participate fully in the conduct of the action, see the application for officer designated by the Commission or hearing. amendment which is available for by the Chief Administrative Judge of the If a hearing is requested, and the public inspection at the Commission’s Atomic Safety and Licensing Board Commission has not made a final PDR, located at One White Flint North, Panel, will rule on the request and/or determination on the issue of no Public File Area 01F21, 11555 Rockville petition; and the Secretary or the Chief significant hazards consideration, the Pike (first floor), Rockville, Maryland. Administrative Judge of the Atomic Commission will make a final Publicly available records will be Safety and Licensing Board will issue a determination on the issue of no accessible from the ADAMS Public notice of a hearing or an appropriate significant hazards consideration. The Electronic Reading Room on the Internet order. final determination will serve to decide at the NRC Web site, http:// As required by 10 CFR 2.309, a when the hearing is held. If the final www.nrc.gov/reading-rm/adams.html. If petition for leave to intervene shall set determination is that the amendment you do not have access to ADAMS or if forth with particularity the interest of request involves no significant hazards there are problems in accessing the the petitioner in the proceeding, and consideration, the Commission may documents located in ADAMS, contact

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the PDR Reference staff at 1 (800) 397– result in a significant impact on normal Luminant Generation Company LLC, 4209, (301) 415–4737 or by e-mail to operating plant releases, and will not Docket Nos. 50–445 and 50–446, [email protected]. increase the predicted radiological Comanche Peak Steam Electric Station, consequences of postulated accidents Units 1 and 2, Somervell County, Texas Dominion Energy Kewaunee, Inc. Docket described in the USAR [updated safety No. 50–305, Kewaunee Power Station, analysis report]. Date of amendment request: August Kewaunee County, Wisconsin Therefore, the proposed amendment does 28, 2007. not involve a significant increase in the Brief description of amendments: Date of amendment request: probability or the consequences of any Revision to the Operating License and September 24, 2007. accident previously evaluated. Technical Specification (TS) 1.0, ‘‘Use Description of amendment request: 2. Does the proposed amendment create and Application, and TS 3.7.17’’, The proposed amendment would revise the possibility of a new or different type of ‘‘Spent Fuel Assembly Storage,’’ to the Technical Specifications (TSs) to accident from any accident previously Revise Rated Thermal Power from 3458 add a reference to Dominion Topical evaluated? megawatts thermal (MWt) to 3612 MWt. Report DOM–NAF–5, ‘‘Application of Response: No. The use of Dominion analysis methods and Basis for proposed no significant Dominion Nuclear Core Design and hazards consideration determination: Safety Analysis Methods to the the Dominion statistical design limit (SDL) for fuel departure from nucleate boiling ratio As required by 10 CFR 50.91(a), the Kewaunee Power Station (KPS),’’ to the (DNBR) and fuel critical heat flux (CHF) does licensee has provided its analysis of the list of approved analytical methods. The not impact any of the applicable core design issue of no significant hazards proposed changes would permit the criteria. All pertinent licensing basis limits consideration, which is presented application of the Dominion nuclear and acceptance criteria will continue to be below: core design and safety analysis methods, met. Demonstrated adherence to these limits including the methodology to perform and acceptance criteria precludes new 1. Do the proposed changes involve a core thermal-hydraulic analysis to challenges to SSCs that might introduce a significant increase in the probability or new type of accident. All design and consequences of an accident previously predict critical heat flux and departure evaluated? from nucleate boiling ratio for the performance criteria will continue to be met and no new single failure mechanisms will Response: No. Westinghouse 422 V+ fuel design. The be created. The use of the Dominion methods The impacts of the proposed Stretch Power proposed amendment would also: (1) does not involve any alteration to plant Uprate (SPU) on plant systems, structures, Accommodate the use of the equipment or procedures that might and components (SSCs) were reviewed with methodologies proposed in DOM–NAF– introduce any new or unique operational respect to SSC design capability, and it was 5, (2) delete one approved analytical modes or accident precursors. determined that following completion of method that will no longer be used, and Therefore, the proposed amendment does plant changes to support the SPU, no system, (3) delete date and revision numbers not create a new or different kind of accident structure, or component would exceed its from any accident previously evaluated. design conditions or limits. Evaluations from the current TS list of approved supporting those conclusions were analytical methods, consistent with TS 3. Does the proposed amendment involve a significant reduction in a margin of safety? performed consistent with proposed Task Force (TSTF) Change Traveler Response: No. Technical Specification changes. TSTF–363–A, Revision 0, ‘‘Revise Nuclear core design and safety analysis Consequently, equipment reliability and Topical Report References in ITS acceptance criteria will continue to be structural integrity will not be adversely [improved TSs] 5.6.5, COLR [Core satisfied with the application of Dominion affected. Control system studies Operating Limits Report],’’ dated August methods. Meeting the analysis acceptance demonstrated that plant response to 4, 2003. criteria and limits ensures that the margin of operational transients under SPU conditions Basis for proposed no significant safety is not significantly reduced. Nuclear will not significantly increase reactor trip hazards consideration determination: core design and safety analysis acceptance frequency, so there will be no significant criteria will continue to be satisfied with the increase in the frequency of SSC challenges As required by 10 CFR 50.91(a), the caused by reactor trip. licensee has provided its analysis of the application of Dominion methods. In particular, use of VIPRE-D with the proposed New systems are not needed to implement issue of no significant hazards SDL provides at least a 95% probability at a the SPU, and new interactions among SSCs consideration, which is presented 95% confidence level that DNBR will not are not created. The SPU does not create new below: occur (the 95/95 DNBR criterion). The failure modes for existing SSCs. Modified components do not introduce new failure 1. Does the proposed amendment involve required DNBR margin of safety for KPS, a significant increase in the probability or which is the margin between the 95/95 DNBR modes relative to those of the components in consequences of an accident previously criterion and clad failure, is therefore not their pre-modified condition. Consequently, evaluated? reduced. new initiators of previously analyzed Response: No. Therefore, the proposed amendment does accidents are not created. The analysis methods of DOM–NAF–5 do not involve a significant reduction in a The fission product barriers—fuel not make any contribution to the potential margin of safety. cladding, reactor coolant pressure boundary, accident initiators and thus do not increase and the containment building—remain the probability of any accident previously The NRC staff has reviewed the unchanged. The spectrum of previously evaluated. The use of the approved Dominion licensee’s analysis and, based on this analyzed postulated accidents and transients analysis methodologies will not increase the review, it appears that the three was evaluated, and effects on the fuel, the probability of an accident because plant standards of 10 CFR 50.92(c) are reactor coolant pressure boundary, and the systems, structures, and components (SSC) satisfied. Therefore, the NRC staff containment were determined. These analyses were performed consistent with the will not be affected or operated in a different proposes to determine that the manner, and system interfaces will not proposed Technical Specification changes. change. amendment request involves no The results demonstrate that existing reactor Since the applicable safety analysis and significant hazards consideration. coolant pressure boundary and containment nuclear core design acceptance criteria will Attorney for licensee: Lillian M. limits are met and that effects on the fuel are be satisfied when the Dominion analysis Cuoco, Senior Counsel, Dominion such that dose consequences meet existing methods are applied to KPS, the use of the Resources Services, Inc., 120 Tredegar criteria at SPU conditions. approved Dominion analysis methods does Street, Richmond, VA 23219. There is no increase in the probability of not increase the potential consequences of an accident concerning the potential any accident previously evaluated. The use NRC Acting Branch Chief: Travis L. insertion of a fuel assembly in an incorrect of the approved Dominion methods will not Tate. location in the Spent Fuel Pool Region I/

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Region II racks as a result of the specified Final Safety Analysis Report (FSAR) Chapter alter the design assumptions, conditions, or storage patterns. Luminant Power [Luminant 15 were shown to meet existing acceptance configuration of the facility. The proposed Generation Company LLC] has used criteria. change does not alter or prevent the ability administrative controls to move fuel The containment building response to of structures, systems, and components assemblies from location to location since the mass and energy releases was evaluated (SSCs) to perform their intended function to initial receipt of fuel on site. Fuel assembly assuming SPU conditions. The evaluations mitigate the consequences of an initiating placement will continue to be controlled showed that temperature and pressure limits event within the assumed acceptance limits. pursuant to approved fuel handling were met. The proposed change revises the TS for the procedures and in accordance with the No plant changes associated with the SPU CRE emergency ventilation system, which is Technical Specification for spent fuel rack reduce the degree of component or system a mitigation system designed to minimize storage configuration limitations. redundancy. Existing Technical Specification unfiltered air leakage into the CRE and to Therefore, the proposed change does not operability and surveillance requirements are filter the CRE atmosphere to protect the CRE involve a significant increase in the not reduced by the proposed changes. occupants in the event of accidents probability or consequences of an accident The proposed fuel storage requirements in previously analyzed. An important part of previously evaluated. Technical Specification 3.7.17 will provide the CRE emergency ventilation system is the 2. Do the proposed changes create the adequate margin to assure that the fuel CRE boundary. The CRE emergency possibility of a new or different kind of storage array (Region I and Region II) will ventilation system is not an initiator or accident from any accident previously always remain subcritical by the 5% margin precursor to any accident previously evaluated? recommended by the Nuclear Regulatory evaluated. Therefore, the probability of any Response: No. Commission (NRC). accident previously evaluated is not New systems are not required to Therefore, the proposed change does not increased. Performing tests to verify the implement the SPU, and new interactions involve a significant reduction in a margin of operability of the CRE boundary and among SSCs are not created. The SPU does safety. implementing a program to assess and not create new failure modes for existing maintain CRE habitability ensure that the SSCs. Modified components do not introduce The NRC staff has reviewed the CRE emergency ventilation system is capable failures different from those of the licensee’s analysis and, based on this of adequately mitigating radiological components in their pre-modified condition. review, it appears that the three consequences to CRE occupants during Consequently, no new or different accident standards of 10 CFR 50.92(c) are accident conditions, and that the CRE sequences arise from SSC interactions or satisfied. Therefore, the NRC staff emergency ventilation system will perform as failures. proposes to determine that the assumed in the consequence analyses of Training will be provided to address SPU amendment request involves no design basis accidents. Thus, the effects, and the plant’s simulator will be significant hazards consideration. consequences of any accident previously updated consistent with SPU conditions. Attorney for licensee: George L. Edgar, evaluated are not increased. Therefore, the Operating procedure changes are minor and proposed change does not involve a do not result in any significant changes in Esq., Morgan, Lewis and Bockius, 1800 significant increase in the probability or operating philosophy. For these reasons, the M Street, NW., Washington, DC 20036. consequences of an accident previously SPU does not introduce human performance NRC Branch Chief: Thomas G. Hiltz. evaluated. issues that could create new accidents or R.E. Ginna Nuclear Power Plant, LLC, 2. Does the proposed change create the different accident sequences. Docket No. 50–244, R.E. Ginna Nuclear possibility of a new or different kind of The increase in power level does not create accident from any accident previously new fission product release paths. The Power Plant, Wayne County, New York evaluated? fission product barriers (fuel cladding, Date of amendment request: August Response: No. reactor coolant pressure boundary, and the 16, 2007. The proposed change does not impact the containment building) remain unchanged. Description of amendment request: accident analysis. The proposed change does The potential for criticality in the spent The proposed amendment would not alter the required mitigation capability of fuel pool is not a new or different type of modify Technical Specification (TS) the CRE emergency ventilation system, or its accident. The potential criticality accidents functioning during accident conditions as have been reanalyzed to demonstrate that the requirements related to control room assumed in the licensing basis analyses of pool remains subcritical. envelope habitability in TS 3.7.9, design basis accident radiological Therefore, the proposed change does not ‘‘Control Room Emergency Air consequences to CRE occupants. No new or create the possibility of a new or different Treatment System (CREATS),’’ and TS different accidents result from performing the kind of accident from any previously section 5.5, ‘‘Programs and Manuals.’’ new surveillance or following the new evaluated. The changes are consistent with the program. The proposed change does not 3. Do the proposed changes involve a Nuclear Regulatory Commission involve a physical alteration of the plant (i.e., significant reduction in a margin of safety? approved Industry/Technical no new or different type of equipment will Response: No. Specification Task Force (TSTF)–448, be installed) or a significant change in the Structural evaluations performed at SPU methods governing normal plant operation. conditions demonstrated that calculated Revision 3. The availability of this TS The proposed change does not alter any loads on affected SSCs remain within their improvement was published in the safety analysis assumptions and is consistent design for all design basis event categories. Federal Register on January 17, 2007, as with current plant operating practice. American Society of Mechanical Engineers part of the consolidated line item Therefore, this change does not create the (ASME) Code fatigue limits continue to be improvement process. possibility of a new or different kind of met. Basis for proposed no significant accident from any accident previously Fuel performance evaluations were hazards consideration determination: evaluated. performed using parameter values As required by 10 CFR 50.91(a), an 3. Does the proposed change involve a appropriate for a reload core operating at analysis of the issue of no significant significant reduction in a margin of safety? SPU conditions. Those evaluations hazards consideration adopted by the Response: No. demonstrate that fuel performance The proposed change does not alter the acceptance criteria continue to be met. Loss licensee is presented below: manner in which safety limits, limiting safety of Coolant Accident (LOCA) and non-LOCA 1. Does the proposed change involve a system settings or limiting conditions for safety analyses were performed assuming significant increase in the probability or operation are determined. The proposed SPU conditions and consistent with the consequences of an accident previously change does not affect safety analysis proposed Technical Specification change. evaluated? acceptance criteria. The proposed change Emergency core cooling system performance Response: No. will not result in plant operation in a was shown to meet the criteria of 10 CFR The proposed change does not adversely configuration outside the design basis for an 50.46. The non-LOCA events identified in the affect accident initiators or precursors nor unacceptable period of time without

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compensatory measures. The proposed through testing and inspection that the detected by Type C testing. Regular change does not adversely affect systems that containment will not degrade in a manner inspections required by the American Society respond to safely shut down the plant and to detectable only by Type A testing. The most of Mechanical Engineers (ASME) Code maintain the plant in a safe shutdown recent Type A test at Unit 3 shows leakage Section Xl (Subsections IWE and IWL) and condition. Therefore, the proposed change to be below acceptance criteria, indicating a maintenance rule monitoring (10 CFR 50.65, does not involve a significant reduction in a leak tight containment. Inspections required ‘‘Requirements for Monitoring the margin of safety. by the American Society of Mechanical Effectiveness of Maintenance at Nuclear Engineers (ASME) Code Section Xl The NRC staff has reviewed the Power Plants[’’]) will further reduce the risk (Subsections IWE and IWL) and maintenance of a containment leakage path going analysis adopted by the licensee and, rule monitoring (10 CFR 50.65, undetected. based on this review, it appears that the ‘‘Requirements for Monitoring the Therefore[,] the proposed change does not three standards of 10 CFR 50.92(c) are Effectiveness of Maintenance at Nuclear involve a significant reduction in a margin of satisfied. Therefore, the NRC staff Power Plants) are performed in order to safety. proposes to determine that the identify indications of containment degradation that could affect leak tightness. Attorney for licensee: Douglas K. amendment request involves no Porter, Esquire, Southern California significant hazards consideration. Type B and C testing required by Technical Specifications will identify any containment Edison Company, 2244 Walnut Grove Attorney for licensee: Daniel F. opening such as valves that would otherwise Avenue, Rosemead, California 91770. Stenger, Ballard Spahr Andrews & be detected by the Type A tests. These factors NRC Branch Chief: Thomas G. Hiltz. Ingersoll, LLP, 601 13th Street, NW., show that a Type A test extension will not Suite 1000 South, Washington, DC represent a significant increase in the Virginia Electric and Power Company, 20005. consequences of an accident. Docket Nos. 50–280 and 50–281, Surry NRC Branch Chief: Mark G. Kowal. Therefore, the proposed changes do not Power Station, Unit Nos. 1 and 2, Surry involve a significant increase in the County, Virginia Southern California Edison Company, et probability or consequences of an accident al., Docket Nos. 50–362, San Onofre previously evaluated. Date of amendment request: Nuclear Generating Station, Unit 3, San 2. Do the proposed changes create the September 19, 2007. Diego County, California possibility of a new or different kind of Description of amendment request: accident from any accident previously The proposed amendments would Date of amendment requests: evaluated? revise various Technical Specification September 24, 2007. Response: No. (TS) setting limits and the Description of amendment requests: The proposed revision to Technical overtemperature DT/overpower DT time Approval of the revision to the San Specifications adds a one time extension to constants in TS 2.3 and TS 3.7. The Onofre Nuclear Generating Station Unit the current interval for Type A testing (10 methodology for determining the CFR 50, Appendix J, Option B, Integrated 3 Technical Specification 5.5.2.15, revised setting limits and time constants ‘‘Containment Leakage Rate Testing Leak Rate Testing). The current test interval of 16 years, based on past performance, is in agreement with methods 1 and 2 Program.’’ The request is for a one-time in ISA–RP67.04, Part II. extension from the currently approved would be extended on a one time basis to 16 years from the last Type A test. The proposed Basis for proposed no significant 15-year interval since the last Integrated extension to Type A testing cannot create the hazards consideration determination: Leak Rate Test (ILRT) to a 16-year possibility of a new or different type of As required by 10 CFR 50.91(a), the interval since the last ILRT. accident since there are no physical changes licensee has provided its analysis of the Basis for proposed no significant being made to the plant and there are no issue of no significant hazards hazards consideration determination: changes to the operation of the plant that consideration, which is presented could introduce a new failure mode creating As required by 10 CFR 50.91(a), the below: licensee has provided its analysis of the an accident or affecting the mitigation of an issue of no significant hazards accident. Therefore, the proposed changes do 1. Does the proposed license amendment consideration, which is presented not create the possibility of a new or different involve a significant increase in the kind of accident from any previously probability or consequences of an accident below: evaluated. previously evaluated? 1. Do the proposed changes involve a 3. Do the proposed changes involve a No. The proposed change revises [Limited significant increase in the probability or significant reduction in a margin of safety? Safety System Settings] LSSSs and setting consequences of an accident previously Response: No. limits to ensure that safety limits are not evaluated? The proposed revision to Technical exceeded as a result of normal and expected Response: No. Specifications adds a one time extension to instrument drift between calibration The proposed revision to Technical the current interval for Type A testing (10 intervals. The new allowable values (LSSSs Specifications adds a one time extension to CFR 50, Appendix J, Option B, Integrated and setting limits) were derived to meet the the current interval for Type A testing (10 Leak Rate Testing). The current test interval intent of RIS 2006–17, ‘‘NRC Staff Position CFR 50, Appendix J, Option B, Integrated of 15 years, based on past performance, on the Requirements of 10 CFR 50.36, Leak Rate Testing). The current test interval would be extended on a one time basis to 16 ‘Technical Specifications,’ Regarding of 15 years, based on past performance, years from the last Type A test. The proposed Limiting Safety System Settings During would be extended on a one time basis to 16 extension to Type A testing will not Periodic Testing and Calibration of years from the last Type A test. The proposed significantly reduce the margin of safety. The Instrument Channels,’’ dated August 24, extension to Type A testing does not involve NUREG 1493, ‘‘Performance-Based 2006. a significant increase in the probability or Containment System Leakage Testing The proposed TS change does not change consequences of an accident since research Requirements,’’ September 1995, generic any of the previously evaluated accidents in documented in NUREG–1493, ‘‘Performance- study of the effects of extending containment the Updated Final Safety Analysis Report Based Containment System Leakage Testing leakage testing found that a 20 year extension (UFSAR). Rather, the proposed change Requirements,’’ September 1995, has found in Type A leakage testing resulted in an ensures that reactor trip system and that, generically, very few potential imperceptible increase in risk to the public. engineered safety function actuation system containment leakage paths are not identified NUREG 1493 found that, generically, the actuations occur as designed and within by Type B and C tests. The NUREG design containment leakage rate contributes safety limits. In addition, it increases the concluded that reducing the Type A testing about 0.1 percent to the individual risk and probability that a malfunctioning instrument frequency to once per twenty years was that the decrease in Type A testing frequency channel will be identified. found to lead to an imperceptible increase in would have a minimal [e]ffect on this risk This change is not considered to represent risk. A high degree of assurance is provided since 95% of the potential leakage paths are a significant increase in the probability or

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consequences of an accident, since it will The NRC staff has reviewed the Brief description of amendment decrease the probability of the malfunction of licensee’s analysis and, based on this request: The proposed amendments a system, structure or component (SSC), review, it appears that the three would revise the Catawba Nuclear thereby decreasing the probability or Station, Unit 2, Technical Specification consequences of an accident previously standards of 10 CFR 50.92(c) are evaluated. Specifically, the change is satisfied. Therefore, the NRC staff Section 5.5.9 concerning modifications conservative in nature since it will increase proposes to determine that the to the steam generator tube repair the likelihood that a malfunctioning amendment request involves no criteria. instrument channel will be identified prior to significant hazards consideration. Date of publication of individual that channel exceeding its safety limit. Attorney for licensee: Lillian M. notice in Federal Register: August 13, 2. Does the proposed license amendment Cuoco, Esq., Senior Counsel, Dominion 2007, (72 FR 45272). create the possibility of a new or different Resources Services, Inc., Millstone Expiration date of individual notice: kind of accident from any accident October 15, 2007. previously evaluated? Power Station, Building 475, 5th Floor, No. The proposed change revises LSSSs Rope Ferry Road, Rt. 156, Waterford, Notice of Issuance of Amendments to and setting limits to ensure that safety limits Connecticut 06385. Facility Operating Licenses are not exceeded as a result of normal and NRC Branch Chief: Evangelos C. During the period since publication of expected instrument drift between Marinos. calibration intervals. the last biweekly notice, the The change is conservative and is intended Previously Published Notices of Commission has issued the following to ensure the safety analysis is maintained. Consideration of Issuance of amendments. The Commission has Specifically, the proposed change is intended Amendments to Facility Operating determined for each of these to identify a malfunctioning channel prior to Licenses, Proposed No Significant amendments that the application its exceeding the safety limit sooner than the Hazards Consideration Determination, complies with the standards and current instrument setting methodology. requirements of the Atomic Energy Act Therefore the proposed change will not and Opportunity for a Hearing create the possibility of a new or different of 1954, as amended (the Act), and the The following notices were previously Commission’s rules and regulations. kind of accident from any accident published as separate individual previously evaluated. The Commission has made appropriate 3. Does the proposed amendment involve notices. The notice content was the findings as required by the Act and the a significant reduction in a margin of safety? same as above. They were published as Commission’s rules and regulations in No. The proposed change revises LSSSs individual notices either because time 10 CFR Chapter I, which are set forth in and setting limits to ensure that safety limits did not allow the Commission to wait the license amendment. are not exceeded as a result of normal and for this biweekly notice or because the Notice of Consideration of Issuance of expected instrument drift between action involved exigent circumstances. Amendment to Facility Operating calibration intervals. The new allowable They are repeated here because the values (LSSS and setting limits) were derived License, Proposed No Significant to meet the intent of RIS 2006–17, ‘‘NRC Staff biweekly notice lists all amendments Hazards Consideration Determination, Position on the Requirements of 10 CFR issued or proposed to be issued and Opportunity for A Hearing in 50.36, ‘Technical Specifications,’ Regarding involving no significant hazards connection with these actions was Limiting Safety System Settings During consideration. published in the Federal Register as Periodic Testing and Calibration of For details, see the individual notice indicated. Instrument Channels,’’ dated August 24, in the Federal Register on the day and Unless otherwise indicated, the 2006. page cited. This notice does not extend Commission has determined that these Channel statistical allowance (CSA) the notice period of the original notice. calculations have been performed on amendments satisfy the criteria for channels with an associated safety analysis Duke Power Company LLC, et al., categorical exclusion in accordance limit to determine the instrument channel Docket Nos. 50–413 and 50–414, with 10 CFR 51.22. Therefore, pursuant uncertainty. Channel operational test (COT) Catawba Nuclear Station, Units 1 and 2, to 10 CFR 51.22(b), no environmental errors are associated with those portions of York County, South Carolina impact statement or environmental the instrument channel tested to verify assessment need be prepared for these channel operability. These COT errors were Date of amendment request: March amendments. If the Commission has extracted from the CSA to derive an 29, 2007. prepared an environmental assessment allowable value for the channel. The Brief description of amendment allowable value is set at a distance from the under the special circumstances actual (nominal) trip setpoint equal to the request: The proposed amendments provision in 10 CFR 51.22(b) and has COT errors (with some minimal additional would revise the Catawba Nuclear made a determination based on that margin on some channels). The overall result Station, Units 1 and 2, Technical assessment, it is so indicated. is a reduction in the distance between the Specification section 3.5.2.8, and the For further details with respect to the allowable value and the nominal trip associated Bases and authorize changes action see (1) the applications for setpoint. Consequently, for a malfunctioning to the Updated Final Safety Analysis amendment, (2) the amendment, and (3) channel, the allowable value will be Report concerning modifications to the the Commission’s related letter, Safety exceeded with less drift and, therefore, emergency core cooling system sumps. Evaluation and/or Environmental corrective action will be initiated sooner after implementation of the proposed change. This Date of publication of individual Assessment as indicated. All of these will increase the likelihood that the safety notice in Federal Register: August 13, items are available for public inspection analysis limit for the channel is not 2007, (72 FR 45274). at the Commission’s Public Document exceeded. Expiration date of individual notice: Room (PDR), located at One White Flint The distance between the safety analysis October 15, 2007. North, Public File Area 01F21, 11555 limit and the nominal trip setpoint has not Rockville Pike (first floor), Rockville, been decreased; therefore, the safety margin Duke Power Company LLC, et al., Maryland. Publicly available records has [not been] reduced. The likelihood that Docket Nos. 50–413 and 50–414, will be accessible from the Agencywide a malfunctioning channel is identified prior Catawba Nuclear Station, Units 1 and 2, Documents Access and Management to exceeding its safety analysis limit has York County, South Carolina increased. Therefore, the proposed Systems (ADAMS) Public Electronic amendment does not involve a significant Date of amendment request: April 30, Reading Room on the Internet at the reduction in a margin of safety. 2007. NRC Web site, http://www.nrc.gov/

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reading-rm/adams.html. If you do not support function for up to 30 days Pressure/Temperature limit graphs in have access to ADAMS or if there are provided that risk is assessed and Technical Specifications (TS); revises problems in accessing the documents managed. the adjusted reference temperature for located in ADAMS, contact the PDR Date of issuance: September 27, 2007. the reactor vessel; and revises the Low Reference staff at 1 (800) 397–4209, Effective date: As of the date of Temperature Overpressure Protection (301) 415–4737 or by e-mail to issuance to be implemented within 60 (LTOP) arming temperature value [email protected]. days. specified in TSs. It also makes editorial Amendment Nos.: 282 and 259. changes in the use of inequality signs in AmerGen Energy Company, LLC, Docket Renewed Facility Operating License TSs associated with the LTOP arming No. 50–289, Three Mile Island Nuclear Nos. DPR–53 and DPR–69: Amendments temperature in order to make them Station, Unit 1 (TMI–1), Dauphin revised the License and Technical consistent. County, Pennsylvania Specifications. Date of issuance: October 4, 2007. Date of application for amendment: Date of initial notice in Federal Effective date: As of the date of May 15, 2006, as supplemented by Register: June 19, 2007 (72 FR 33781). issuance, and shall be implemented letters dated October 6, 2006, December The Commission’s related evaluation of within 30 days. 12, 2006, May 31, 2007, July 25, 2007, these amendments is contained in a Amendment No.: 235. and September 4, 2007. Safety Evaluation dated September 27, Facility Operating License No. DPR– Brief description of amendment: The 2007. 64: The amendment revised the License amendment consists of changes to No significant hazards consideration and the Technical Specifications. various technical specifications (TSs) comments received: No. Date of initial notice in Federal regarding steam generator tube integrity. Register: April 10, 2007 (72 FR 17946). Carolina Power & Light Company, It is based on Revision 4 to Technical The Commission’s related evaluation of Docket Nos. 50–325 and 50–324, Specification Task Force (TSTF) the amendment is contained in a Safety Brunswick Steam Electric Plant, Units 1 Standard Technical Specification Evaluation dated October 4, 2007. and 2, Brunswick County, North Change Traveler, TSTF–449, ‘‘Steam No significant hazards consideration Carolina Generator Tube Integrity,’’ and is comments received: No. adapted for the custom TSs used at Date of application for amendments: Entergy Nuclear Operations, Inc., TMI–1. September 28, 2006, as supplemented Docket No. 50–255, Palisades Nuclear Date of issuance: September 27, 2007. by letter dated September 20, 2007. Effective date: As of the date of Brief Description of amendments: The Plant, Van Buren County, Michigan issuance and shall be implemented amendments changed Technical Date of application for amendment: within 30 days. Specification (TS) 3.8.3, ‘‘Diesel Fuel September 25, 2006, as supplemented Amendment No.: 261. Oil,’’ to allow the main fuel oil storage by letters dated June 15, September 7, Facility Operating License No. DPR– tank to be taken out of service for 14 September 20, and September 21, 2007. 50: Amendment revised the license and days for inspection, maintenance, and Brief description of amendment: The the technical specifications. associated repairs on a one-time basis. amendment provides the Technical Date of initial notice in Federal Date of issuance: September 27, 2007. Specification (TS) changes and Register: July 18, 2006 (71 FR 40744). Effective date: Date of issuance to be evaluations of the radiological The supplements dated October 6, 2006, implemented within 60 days. consequences of design-basis accidents December 12, 2006, May 31, 2007, July Amendment Nos.: 242 and 270. for implementation of a full-scope 25, 2007, and September 4, 2007, Renewed Facility Operating License alternative source term methodology. provided additional information that Nos. DPR–71 and DPR–62: Amendments Date of issuance: September 28, 2007. clarified the application, did not expand changed the TSs. Effective date: As of the date of the scope of the application as originally Date of initial notice in Federal issuance and shall be implemented noticed, and did not change the NRC Register: January 3, 2007 (72 FR 148). within 120 days. staff’s original proposed no significant The supplement dated September 20, Amendment No.: 226. hazards determination. The 2007, provided additional information Renewed Facility Operating License Commission’s related evaluation of the that clarified the application, did not No. DPR–20. Amendment revised the amendment is contained in a Safety expand the scope of the application as TSs and the Operating License. Evaluation dated September 27, 2007. originally noticed, and did not change Date of initial notice in Federal No significant hazards consideration the staff’s original proposed no Register: February 27, 2007 (72 FR comments received: No. significant hazards consideration 8804). The supplemental letters determination as published in the contained clarifying information and Calvert Cliffs Nuclear Power Plant, Inc., Federal Register. The Commission’s did not change the initial no significant Docket Nos. 50–317 and 50–318, Calvert related evaluation of the amendments is hazards consideration determination, Cliffs Nuclear Power Plant, Unit Nos. 1 contained in a Safety Evaluation dated and did not expand the scope of the and 2, Calvert County, Maryland September 27, 2007. original Federal Register notice. The Date of application for amendments: No significant hazards consideration Commission’s related evaluation of the May 2, 2007. comments received: No. amendment is contained in a Safety Brief description of amendments: Evaluation dated September 28, 2007. Entergy Nuclear Operations, Inc., Consistent with the Nuclear Regulatory No significant hazards consideration Docket No. 50–286, Indian Point Commission approved Technical comments received: No. Specification Task Force-427, Revision Nuclear Generating Unit No. 3, 2, the amendments add a new limiting Westchester County, New York Entergy Nuclear Operations, Inc., condition for operation (LCO) 3.0.9, to Date of application for amendment: Docket No. 50–255, Palisades Nuclear the TS. LCO 3.0.9 will allow the January 18, 2007. Plant, Van Buren County, Michigan licensee to delay declaring an LCO not Brief description of amendment: The Date of application for amendment: met for equipment supported by barriers amendment revises the expiration time June 29, 2007, as supplemented by letter unable to perform their associated limit of the reactor coolant system dated August 20, 2007.

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Brief description of amendment: The Renewed Facility Operating License No significant hazards consideration amendment revises Technical No. DPR–20. Amendment revised the TS comments received: No. Specification (TS) 3.5.5, ‘‘Trisodium and License. Exelon Generation Company, LLC, Phosphate,’’ and the associated Date of initial notice in Federal Docket Nos. STN 50–456 and STN 50– Register: June 19, 2007 (72 FR 33782). surveillance requirements by replacing 457, Braidwood Station, Units 1 and 2, The supplemental letters contained the containment sump buffering agent, Will County, Illinois trisodium phosphate, with sodium clarifying information and did not tetraborate decahydrate (STB). In change the initial no significant hazards Date of application for amendment: particular, the amendment revises the consideration determination, and did September 26, 2006, as supplemented TS Limiting Condition for Operation not expand the scope of the original by letter dated August 8, 2007. (LCO) 3.5.5, with a new weight Federal Register notice. The Brief description of amendment: The requirement for STB. The title of the TS Commission’s related evaluation of the amendment revised the technical section is also changed from ‘‘Trisodium amendment is contained in a Safety specifications to allow the AREVA NP Phosphate’’ to ‘‘Containment Sump Evaluation dated October 4, 2007. Inc. Advanced Mark–BW(A) fuel Buffering Agent and Weight No significant hazards consideration assemblies to be loaded into the Requirements.’’ comments received: No. Braidwood Station, Unit 1 core for operating Cycles 15, 16, and 17. Date of issuance: October 2, 2007. Entergy Operations, Inc., Docket No. 50– Date of issuance: October 4, 2007. Effective date: As of the date of 368, Arkansas Nuclear One, Unit No. 2 Effective date: As of the date of issuance and shall be implemented (ANO–2), Pope County, Arkansas issuance and shall be implemented during the 2007 refueling outage, prior Date of application for amendment: within 60 days. to Mode 3 entry following refueling. March 30, 2007, as supplemented on Amendment Nos.: 145/145. Amendment No.: 227. June 13, 2007. Facility Operating License Nos. NPF– Renewed Facility Operating License Brief description of amendment: The 72 and NPF–77: The amendment No. DPR–20. Amendment revised the TS amendment revised Technical revised the Technical Specifications and and License. Specification (TS) 3.9.12, ‘‘Fuel License. Date of initial notice in Federal Date of initial notice in Federal Storage,’’ and its associated tables, Register: (72 FR 152; January 3, 2007). Register: July 10, 2007 (72 FR 37544). figures, and surveillance requirements, The August 8, 2007, supplement The supplemental letter contained TS 5.3, ‘‘Fuel Storage,’’ and adds TS contained clarifying information and clarifying information and did not 6.5.17, ‘‘Metamic Coupon Sampling did not change the NRC staff’s initial change the initial no significant hazards Program.’’ The ANO–2 TS 3.9.12 is proposed finding of no significant consideration determination, and did changed to: (1) Support higher fuel hazards consideration. The not expand the scope of the original assembly uranium-235 (U–235) Commission’s related evaluation of the Federal Register notice. The enrichment; (2) apply the appropriate amendments is contained in a Safety Commission’s related evaluation of the loading restrictions; and (3) delete the Evaluation dated October 4, 2007. amendment is contained in a Safety dry cask loading restrictions. ANO–2 TS No significant hazards consideration Evaluation dated October 2, 2007. 5.3.1 b is changed to reflect a different comments received: No. No significant hazards consideration spent fuel pool boron concentration that comments received: No. is needed to assure K-effective remains Exelon Generation Company, LLC, less than or equal to 0.95. ANO–2 TS Docket Nos. 50–373 and 50–374, LaSalle Entergy Nuclear Operations, Inc., 5.3.2a is modified to reflect a higher fuel County Station, Units 1 and 2, LaSalle Docket No. 50–255, Palisades Nuclear assembly U–235 enrichment. A new County, Illinois Plant, Van Buren County, Michigan coupon sampling program is added as Date of application for amendments: Date of application for amendment: TS 6.5.17, and TS 4.9.12.d is added to October 18, 2006, as supplemented by April 18, 2007, as supplemented by direct performance of the coupon letter dated, March 26, 2007. letters dated July 16 and September 20, sampling program. Brief description of amendments: The 2007. Date of issuance: September 28, 2007. amendments would modify the Brief description of amendment: The Effective date: As of the date of technical specifications (TS) to risk- amendment changes Technical issuance and shall be implemented inform requirements regarding selected Specification (TS) Surveillance within 90 days from the date of required action end states consistent Requirement (SR) 3.5.2.9, to make the issuance. with the Nuclear Regulatory Amendment No.: 273. surveillance consistent with the plant Commission (NRC)-approved industry Renewed Facility Operating License and TS task force (TSTF–423), Revision design following planned modifications No. NPF–6: Amendment revised the to the containment sump. Entergy 0, ‘‘Technical Specifications End States, Renewed Facility Operating License and NEDC–32988–A.’’ This TSTF was Nuclear Operations’ (ENO) modification Technical Specifications. removes the existing emergency core published in the Federal Register on Date of initial notice in Federal March 23, 2006, as part of the cooling system (ECCS) suction inlet Register: May 8, 2007 (72 FR 26175). screens. In lieu of the ECCS suction consolidated line item improvement. The supplement dated June 13, 2007, Date of issuance: September 27, 2007. inlet screens, ENO is installing passive provided additional information that strainer assemblies on the 590 foot Effective date: As of the date of clarified the application, did not expand issuance and shall be implemented elevation of containment. The SR the scope of the application as originally change was necessary to reflect the within 120 days. noticed, and did not change the staff’s Amendment Nos.: 184/171. change in equipment. original proposed no significant hazards Facility Operating License Nos. NPF– Date of issuance: October 4, 2007. consideration determination as 11 and NPF–18: The amendments Effective date: As of the date of published in the Federal Register. The revised the Technical Specifications and issuance and shall be implemented Commission’s related evaluation of the License. within 30 days. amendment is contained in a Safety Date of initial notice in Federal Amendment No.: 228. Evaluation dated September 28, 2007. Register: May 8, 2007 (72 FR 26177).

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The March 26, 2007, supplement Nuclear Management Company, LLC, Date of initial notice in Federal contained clarifying information and Docket Nos. 50–266 and 50–301, Point Register: November 7, 2006 (71 FR did not change the NRC staff’s initial Beach Nuclear Plant, Units 1 and 2, 65145). The Commission’s related proposed finding of no significant Town of Two Creeks, Manitowoc evaluation of the amendment is hazards consideration. The County, Wisconsin contained in a Safety Evaluation dated Commission’s related evaluation of the Date of application for amendments: October 1, 2007. amendments is contained in a Safety January 26, 2007, as supplemented by No significant hazards consideration Evaluation dated September 27, 2007. letter dated July 11, 2007. comments received: No. No significant hazards consideration Brief description of amendments: The Southern California Edison Company, et comments received: No. amendment conforms the license to al., Docket Nos. 50–361 and 50–362, reflect the direct transfer of Wisconsin San Onofre Nuclear Generating Station, FirstEnergy Nuclear Operating Electric Power Company’s ownership Units 2 and 3, San Diego County, Company, et al., Docket No. 50–334, interest and the Nuclear Management California Beaver Valley Power Station, Unit No. 1, Company’s operating authority for the Beaver County, Pennsylvania renewed Facility Operating License, Date of application for amendments: Nos. DPR–24 and DPR–27 for Point April 28, 2006, and as supplemented by Date of application for amendment: Beach Nuclear Plant, Units 1 and 2 letters dated November 13 and February 9, 2007, as supplemented by (Point Beach) to FPL Energy Point December 22, 2006, May 7, June 15, July letters dated August 8, August 23, and Beach, LLC, as approved by order of the 27, and September 11, 2007. Brief description of amendments: The September 13, 2007. Commission order dated July 31, 2007. change increased the minimum allowed Transfer of the licenses will also Brief description of amendment: The boron concentration of the spent fuel authorize FPL Energy Point Beach, LLC, amendment will address Generic Safety pool and allowed credit for soluble pursuant to the general license Issue 191 ‘‘Assessment of Debris boron, guide tube inserts made from requirements in 10 CFR 72.210, to store Accumulation on PWR Sump borated stainless steel, and fuel storage spent fuel in the Independent Spent Performance,’’ by implementing patterns in place of Boraflex. Fuel Storage Installation at Point Beach. Technical Specification (TS) changes Date of issuance: September 27, 2007. that reflect the use of a new Date of issuance: September 28, 2007. Effective date: As of the date of Effective date: As of the date of recirculation spray system pump start issuance and shall be implemented issuance, and shall be implemented signal due to a modification to the within 30 days. within 180 days of issuance. containment sump screens and replace Amendment Nos.: 228, 233. Amendment Nos.: Unit 2–213; Unit the use of LOCTIC with the Modular Renewed Facility Operating License 3–205. Accident Analysis Program-Design Basis Nos. DPR–24 and DPR–27: Amendments Facility Operating License Nos. NPF– Accident calculation methodology to revised the Technical Specifications/ 10 and NPF–15: The amendments calculate containment pressure, License. revised the Facility Operating Licenses temperature, and condensation rates for Date of initial notice in Federal and Technical Specifications. input to the SWNAUA code, which Register: February 28, 2007 (72 FR Date of initial notice in Federal ultimately changes the aerosol removal 9035). The July 11, 2007, supplement Register: June 6, 2006 (71 FR 32606). coefficients used in dose consequence contained clarifying information and The supplemental letters dated analysis. did not change the staff’s initial November 13 and December 22, 2006, May 7, June 15, July 27, and September Date of issuance: October 5, 2007. proposed finding of no significant hazards consideration. The 11, 2007, provided additional Effective date: As of the date of Commission’s related evaluation of the information that clarified the issuance, and shall be implemented amendments is contained in a Safety application, did not expand the scope of prior to the first entry into Mode 4 Evaluation dated July 31, 2007. the application as originally noticed, coming out of 1R18, which begins No significant hazards consideration and did not change the staff’s original September 2007. comments received: No. proposed no significant hazards Amendment No: 280. consideration determination as R.E. Ginna Nuclear Power Plant, LLC, published in the Federal Register. The Facility Operating License No. DPR– Docket No. 50–244, R.E. Ginna Nuclear Commission’s related evaluation of the 66: The amendment revised the License Power Plant, Wayne County, New York amendments is contained in a Safety and TS. Date of application for amendment: Evaluation dated September 27, 2007. Date of initial notice in Federal October 12, 2006. No significant hazards consideration Register: April 24, 2007 (72 FR 20383). Brief description of amendment: The comments received: No. The supplements dated August 8, amendment revises the number of fuel Southern Nuclear Operating Company, August 23, and September 13, 2007, assemblies that are allowed to be stored Inc., Georgia Power Company, provided additional information that in the spent fuel pool (SFP) from 1879 Oglethorpe Power Corporation, clarified the application, did not expand to 1321 in Technical Specification (TS) Municipal Electric Authority of Georgia, the scope of the application as originally 4.3.3 and removes the reference to Type City of Dalton, Georgia, Docket Nos. 50– noticed, and did not change the staff’s 4 SFP storage racks in TS limiting 321 and 50–366, Edwin I. Hatch Nuclear original proposed no significant hazards condition for operation 3.7.13. Plant, Units 1 and 2, Appling County, consideration determination as Date of issuance: October 1, 2007. Effective date: As of the date of Georgia published in the Federal Register. The issuance to be implemented within 60 Date of application for amendments: Commission’s related evaluation of the days. February 13, 2007. amendment is contained in a Safety Amendment No.: 103. Brief description of amendments: The Evaluation dated October 5, 2007. Renewed Facility Operating License amendments revised the Technical No significant hazards consideration No. DPR–18: Amendment revised the Specifications for refueling interlocks. comments received: No. License and Technical Specifications. Date of issuance: October 4, 2007.

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Effective date: As of the date of reflect changes in legal name of TXU Capital Implementation and issuance and shall be implemented Generation Company LP to Luminant Assessment, Office of Personnel within 30 days from the date of Generation Company LLC. Management, 1900 E Street, NW., issuance. Date of issuance: October 9, 2007. Washington, DC 20415. Amendment Nos.: 253, 197. Effective date: As of the date of FOR FURTHER INFORMATION CONTACT: Renewed Facility Operating License issuance and shall be implemented Angela Graham Humes, 202–606–2430. Nos. DPR–57 and NPF–5: Amendments within 7 days from the date of issuance. SUPPLEMENTARY INFORMATION: The revised the licenses and the technical Amendment Nos.: Unit 1–139; Unit Federal Competency Assessment Tool is specifications. 2–139. a web-based instrument for assessing Date of initial notice in Federal Facility Operating License Nos. NPF– current proficiency levels for mission Register: March 27, 2007 (72 FR 87 and NPF–89: The amendments critical occupations such as leadership 14308). The Commission’s related revised the Facility Operating Licenses. and human resource management. It evaluation of the amendments is Date of initial notice in Federal allows individuals to conduct a contained in a Safety Evaluation dated Register: June 13, 2007 (72 FR 32685). competency self assessment and October 4, 2007. The supplemental letters dated July 20 supervisors to assess the competencies No significant hazards consideration and October 2, 2007, provided comments received: No. of their employees and of the position additional information that clarified the to determine competency strengths and Tennessee Valley Authority, Docket application, did not expand the scope of areas for improvement. Nos. 50–327 and 50–328, Sequoyah the application as originally noticed, The tool advances agencies’ human Nuclear Plant, Units 1 and 2, Hamilton and did not change the staff’s original capital management efforts in County, Tennessee proposed no significant hazards accordance with the Human Capital consideration determination as Date of application for amendments: Assessment and Accountability published in the Federal Register. The July 12, 2006, as supplemented on Framework. The tool supports efforts in Commission’s related evaluation of the December 7, 2006, January 26, 2007, succession management, competency amendments is contained in a Safety May 8, 2007, August 14, 2007, and gap closure, competency development, August 22, 2007. Evaluation dated September 10, 2007. and recruitment and retention. The tool Brief description of amendments: The No significant hazards consideration contains competency models, a amendments revise the technical comments received: No. proficiency scale, a self and supervisor specifications to establish 674 feet as the Dated at Rockville, Maryland, this 15th day assessment, suggested proficiency levels minimum water level of the ultimate of October, 2007. for determining gaps, and agency-level heat sink and 87 °F as the maximum For the Nuclear Regulatory Commission. access to reports and data. supply header temperature of the John P. Boska, The U.S. Office of Personnel emergency raw water cooling system. Acting Director, Division of Operating Reactor Management (OPM) intends that the Date of issuance: September 28, 2007 Licensing, Office of Nuclear Reactor tool will have minimal effect on the Effective date: As of the date of Regulation. privacy of individuals. Individual data issuance and shall be implemented [FR Doc. E7–20679 Filed 10–22–07; 8:45 am] from the tool is only available to agency within 90 days. BILLING CODE 7590–01–P designated points of contact for the Amendment Nos.: 317 and 307. tools. Additionally, oversight entities Facility Operating License Nos. DPR– (e.g., Government Accountability Office) 77 and DPR–79: Amendments revised may request to review such data. The the technical specifications. OFFICE OF PERSONNEL MANAGEMENT major reports of the tool provide Date of initial notice in Federal aggregate data, not individual data. If Register: August 15, 2006 (71 FR Privacy Act of 1974: New System of requested, OPM may disclose aggregate 46939). The supplements dated Records level data from the tool via a December 7, 2006, January 26, 2007, governmentwide report. The tool was May 8, 2007, August 14, 2007, and AGENCY: U.S. Office of Personnel developed with minimizing the risk of August 22, 2007, provided additional Management (OPM). unauthorized access to the system of information that clarified the ACTION: Notice of a new system of records as an objective. To ensure the application, did not expand the scope of records. risk is minimized, the tool is hosted on the application as originally noticed, a secure server and offers agency- and did not change the staff’s original SUMMARY: OPM proposes to add a new designated access passwords. proposed no significant hazards system of records to its inventory of consideration determination as records systems subject the Privacy Act U.S. Office of Personnel Management. published in the Federal Register. The of 1974 (5 U.S.C. 552a), as amended. Linda M. Springer, Commission’s related evaluation of the This action is necessary to meet the Director. amendments is contained in a safety requirements of the Privacy Act to Office of Personnel Management (OPM)/ evaluation dated September 28, 2007. publish in the Federal Register notice of CENTRAL-X No significant hazards consideration the existence and character of records comments received: No. maintained by the agency (5 U.S.C. SYSTEM NAME: TXU Generation Company LP, Docket 552a(e)(4)). Federal Competency Assessment Tool. Nos. 50–445 and 50–446, Comanche DATES: The new system will be effective Peak Steam Electric Station, Unit Nos. without further notice on December 3, SYSTEM LOCATION: 1 and 2, Somervell County, Texas 2007, unless we receive comments that Associate Director, Division for Date of amendment request: April 18, result in a contrary determination. Human Capital Leadership and Merit 2007, as supplemented by letters dated ADDRESSES: Send written comments to System Accountability, U.S. Office of July 20, and October 2, 2007. the Office of Personnel Management, Personnel Management, 1900 E Street, Brief description of amendments: Attn: Sydney Smith-Heimbrock, Deputy NW., Washington, DC 20415–0001. Amendments revise the licenses to Associate Director, Center for Human Records pertaining to voluntary

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assessments of designated occupations Executive Orders 9830 and 13197. data individually identifiable by such as leadership and human resources inference. management are located on a contractor PURPOSE: 7. To disclose information to the server. Records pertaining to pre- The Federal Competency Assessment Department of Justice or in a proceeding determined competencies (e.g., Tool is a web-based instrument for before a court, adjudicative body, or leadership, human resources assessing the proficiency levels of other administrative body before which management, or performance Federal employees in key competencies. OPM is authorized to appear, when: management) may be forwarded to The tools allow an individual to a. OPM, or any component thereof; or designated agencies. conduct a competency self assessment b. Any employee of OPM in his or her and supervisors to assess the official capacity; or CATEGORIES OF INDIVIDUALS COVERED BY THE competencies of their employees to c. Any employee of OPM in his or her SYSTEM: determine competency strengths and individual capacity where the Current Federal employees who have areas for improvement. Agencies can Department of Justice or OPM has voluntarily registered and completed use the results of the assessments to agreed to represent the employee; or the Federal Competency Assessment support their competency gap analyses, d. The United States, when OPM Tool. succession management, and determines that litigation is likely to development efforts. affect OPM or any of its components, is CATEGORIES OF RECORDS IN THE SYSTEM: a party to litigation or has an interest in This system comprises voluntary self- ROUTINE USES OF RECORDS MAINTAINED IN THE such litigation, and the use of such assessments of competencies against a SYSTEM, INCLUDING CATEGORIES OF USERS AND records by the Department of Justice or THE PURPOSES OF SUCH USES: proficiency scale. The assessments are OPM is deemed by OPM to be arguable tied to user accounts, that contain (a) These records and information in relevant and necessary to the litigation. registration information that includes these records may be used: 8. To disclose information to officials demographic data to help determine 1. To disclose pertinent information of the Merit Systems Protection Board or participation; (b) self assessment to the appropriate Federal, State, or the Office of the Special Counsel, when information; and (c) an assessment by local agency responsible for requested in connection with appeals, the supervisor. investigating, prosecuting, enforcing, or special studies of the civil service and The registration information includes implementing a statute, rule, regulation, other merit systems, review of OPM the following mandatory information: or order when OPM becomes aware of rules and regulations, investigations of a. Registered users’ e-mail address. an indication of a violation or potential alleged or possible prohibited personnel b. User determined password. violation of a civil or criminal law or practices, and such other functions as c. First name. regulation. promulgated in 5 U.S.C. 1205 and 1206, d. Last name. 2. To disclose information to a or as may be authorized by law. e. Department/Agency to which the congressional office from the record of 9. To disclose information to the participant belongs. an individual in response to an inquiry Equal Employment Opportunity f. Pay plan. from the congressional office made at Commission when requested in g. Grade. the request of that individual. connection with investigations into h. Occupational group/family. 3. To disclose information to another alleged or possible discrimination i. Occupational Specialty, if Federal agency or a party in litigation practices in the Federal sector, applicable. before a court or in an administrative examination of Federal affirmative j. Work role, if applicable (e.g., proceeding being conducted by a employment programs, compliance by executive, manager, supervisor, team Federal agency, when the Government Federal agencies with the Uniform lead). is a party to the judicial or Guidelines of Employee Selection The registration information also administrative proceeding, and such Procedures, or other functions vested in includes the following optional information is deemed by OPM to be the Commission. information: arguable, relevant and necessary to the 10. To disclose information to the (a) Work address. litigation. Federal Labor Relations Authority or its (b) City. 4. By the National Archives and General Counsel when requested in (c) State. Records Administration in records connection with investigations of (d) Zip code. management and inspections. (e) Country. allegations of unfair labor practices of 5. To provide an official of another matters before the Federal Service (f) Work telephone. Federal agency information needed in (g) Education level. Impasses Panel. the performance of official duties (h) Estimated years until retirement. 11. To disclose information to the related to reconciling or reconstructing (i) Time in occupation. Office of Management and Budget at any Self assessment information includes data files, compiling description stage of the legislative coordination and the employee’s determination of his/her statistics, and making analytical studies clearance process in connection with proficiency level against a set of to support the function for which the private relief legislation as set forth in competencies using a proficiency scale. records were collected and maintained. OMB circular No. A–19. 6. By OPM, in the production of The assessment by the supervisor 12. To provide an official of another summary descriptive statistics and includes the supervisor’s determination Federal agency information needed in analytical studies in support of the of a requesting employee’s proficiency the performance of official duties function for which the records are level and the desired proficiency level related to succession planning, collected and maintained, or for related of the position using the same set of workforce analysis, gap closure, work force studies. While published competencies and proficiency scale. competency development, recruitment statistics and studies do not contain and retention. AUTHORITY FOR MAINTENANCE OF THE SYSTEM individual identifiers, in some 13. To disclose to a requesting Federal INCLUDES THE FOLLOWING WITH ANY REVISIONS instances, the selection of elements of agency, information in connection with OR AMENDMENTS: data included in the study may be the hiring, retention, separation, or 5 U.S.C. 1103, 1402, and 4117. structured in such a way as to make the retirement of an employee; the issuance

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of a security clearance; the reporting of employees whose official duties require RECORD SOURCE CATEGORIES: an investigation of an employee; the access are allowed to view, administer, The information in this system is letting of a contract; the classification of and control these records. obtained from: a job; or the issuance of a license, grant, a. The individual to whom the or other benefit by the requesting RETENTION AND DISPOSAL: information pertains. agency, to the extent that OPM Completed verifications are archived b. The supervisor of the individual to determines that the information is to a storage disk nightly and retained on whom the information pertains, upon relevant and necessary to the requesting a server for five years. When records are that individual’s request. party’s decision on the matter. purged from the server, the records are 14. To provide individual users the transferred to a CD or other electronic [FR Doc. E7–20797 Filed 10–22–07; 8:45 am] ability to view self entered data on media. Records in electronic media are BILLING CODE 6325–43–P individual competency proficiency electronically erased. CD or other levels. electronic media are maintained for five 15. To provide reports to agencies on years. RAILROAD RETIREMENT BOARD aggregate level data of proficiency levels in identified competencies across the SYSTEM MANAGER AND ADDRESS: Agency Forms Submitted for OMB Government. Deputy Associate Director, Center for Review, Request for Comments 16. To provide agency specific raw Human Capital Implementation and Summary: In accordance with the data reports to agencies on individual Assessment, Office of Personnel Paperwork Reduction Act of 1995 (44 level data related to proficiency levels Management, 1900 E Street, NW., U.S.C. Chapter 35), the Railroad in identified competencies. Washington, DC 20415–0001. Retirement Board (RRB) is forwarding 17. To disclose aggregate level data NOTIFICATION PROCEDURE: the following Information Collection from the Federal Competency Requests (ICR’s) to the Office of Assessment Tools via a governmentwide Individuals wishing to inquire if this Information and Regulatory Affairs report. system contains information about them (OIRA), Office of Management and 18. To disclose information to should contact the system manager or Budget (OMB). Our ICR’s describe the contractors, grantees, or volunteers designee. Individuals must furnish the information we seek to collect from the performing or working on a contract, following information for their records public. Review and approval by OIRA service, grant, cooperative agreement, or to be located and identified: ensures that we impose appropriate job for the Federal government. a. Name. paperwork burdens. b. Name and address of office in POLICIES AND PRACTICES OF STORING, The RRB invites comments on the RETRIEVING, SAFEGUARDING, RETAINING AND which currently and/or formerly proposed collections of information to DISPOSING OF RECORDS IN THE SYSTEM: employed in the Federal service. determine (1) the practical utility of the collection; (2) the accuracy of the STORAGE: RECORD ACCESS PROCEDURE: estimated burden of the collection; (3) These records are maintained in a Individuals wishing to request access ways to enhance the quality, utility and relational database management system to their records in this system should clarity of the information that is the hosted on a contractor’s Internet server, contact their agency point of contact or subject of collection; and (4) ways to accessed via a password-restricted the system manager. Individuals must minimize the burden of collections on system. Duplicate records also exist on furnish the following information for respondents, including the use of magnetic tape back ups. their records to be located and automated collection techniques or RETRIEVABILITY: identified: other forms of information technology. a. Name. Designated points of contact from the Comments to RRB or OIRA must contain U.S. Office of Personnel Management b. Name and address of office in the OMB control number of the and participating agencies can retrieve which currently and/or formerly particular ICR. For proper consideration reports that aggregate the results of employed in the Federal service. of your comments, it is best if RRB and individual and supervisor assessments, Individuals requesting access must OIRA receive them within 30 days of without specifically identifying also follow OPM’s Privacy Act publication date. individuals. Agencies can request raw regulations on verification of identity 1. Title and Purpose of Information data reports that will contain the and access to records (5 CFR part 297). Collection Request; Railroad Service and Compensation Reports/System Access identity of individuals. An employee CONTESTING RECORD PROCEDURE: can retrieve individual reports (which Application/Report Certification; OMB contain a record of how the individuals Individuals wishing to request 3220–0008. assessed themselves, along with how amendment of their records in this Under section 9 of the Railroad the supervisor assessed the position). system should contact the agency point Retirement Act (RRA) and section 6 of All reports are accessed via the Internet of contact or system manager. the Railroad Unemployment Insurance through a password-restricted system. Individuals must furnish the following Act (RUIA), the Railroad Retirement information for their records to be Board (RRB) maintains for each railroad SAFEGUARDS: located and identified: employee, a record of compensation These electronic records are a. Name. paid to that employee by all railroad maintained in controlled access areas. b. Name and address of office in employers for whom the employee Identification cards are verified to which currently and/or formerly worked after 1936. This record, which is ensure that only authorized personnel employed in the Federal service. used by the RRB to determine eligibility are present. Electronic records are Individuals requesting amendment of for, and amount of, benefits due under protected by restricted access their records must also follow OPM’s the laws it administers, is conclusive as procedures, including the use of Privacy Act regulations regarding to the amount of compensation paid to passwords and sign-on protocols which verification of identity and amendment an employee during such period(s) are periodically changed. Only of records (5 CFR part 297). covered by the report(s) of the

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compensation by the employee’s and employment relationship status for and 75 minutes for a manual response. railroad employer(s), except in cases months not worked will be added. The completion time for form BA–12 is when an employee files a protest Data fields for proposed Form BA–4 estimated at 10 minutes when used to pertaining to his or her reported and BA–4 (Internet) will be revised to terminate system access and 20 minutes compensation within the statute of allow for: The reporting of Tier I and when used to obtain system access. The limitations cited in section 9 of the RRA Tier II compensation greater than completion time for proposed Form G– and section 6 of the RUIA. $99,999.99 (the annual creditable 440 is estimated at 15 minutes when To enable the RRB to establish and maximum for Tier I will exceed that submitted with a paper form and/or maintain the record of compensation, amount within the next two years), used to file a ‘‘zero’’ or ‘‘no employees’’ employers are required to file with the RUIA daily pay rate amounts of more certification, 30 minutes when used as RRB, in such manner and form and at than $99.99, 4-digit year fields and an electronic medium reporting/ such times as the RRB prescribes, expansion of the employee’s name field. certification form, and 1 hour and 15 reports of compensation of employees. New Items providing for the reporting of minutes when used as a certification Railroad Employers’ Reports and adjustments to the originally reported and recapitulation form. Submission of Responsibilities are prescribed in 20 Tier I and Tier II amounts, sick pay, Form BA–3, BA–4, BA–4 (Internet) and CFR 209. The RRB currently utilizes miscellaneous compensation, RUIA G–440 is mandatory. Completion of Form BA–3a, Annual Report of maximum benefit amounts, and an Form BA–12 is voluntary. It is Compensation and Form BA–4, Report employee’s daily pay rate will be added. completed only if an employer wants to of Creditable Compensation The RRB also proposes the submit reports via the Internet. One Adjustments, to secure required implementation of two additional response is requested of each information from railroad employers. electronic equivalent methods of respondent for all of the forms in the Form BA–3a provides the RRB with submission for Form BA–3 and Form collection. Depending on circumstances information regarding annual creditable BA–4 information: File Transfer and method of submission chosen, service and compensation for each Protocol (FTP) and secure e-mail. multiple responses may be received The information collection includes individual who worked for a railroad from a respondent for Form BA–4 and RRB Form BA–12, Application for employer covered by the RRA and RUIA G–440. The annual respondent burden Employer Reporting Internet Access. in a given year. Form BA–4 provides for for the information collection is Form BA–12 is completed by railroad the adjustment of any previously estimated at 7,348 responses and 43,756 employers to obtain system access to the submitted reports and also the hours. RRB’s Employer Reporting System Previous Requests for Comments: The opportunity to provide any service and (ERS). Once access is obtained, compensation that had been previously RRB has already published the initial authorized employees may submit 60-day notice (72 FR 46251–46253 on omitted. Requirements specific to Forms reporting forms to the RRB via the BA–3a and BA–4 are prescribed in 20 August 17, 2007) required by 44 U.S.C. Internet. The form determines what 3506(c)(2). The RRB received comments CFR 209.8 and 209.9. degree of access (view/only, data entry/ Employers currently have the option from the Department of Commerce’s, modification or approval/submission) is Bureau of Economic Analysis (BEA), of submitting the reports on the appropriate for that employee. It is also aforementioned forms, electronically via strongly supporting the RRB’s continued used to terminate an employee’s access collection of the data on Forms BA–3(a) the Internet utilizing the RRB’s to ERS. No changes are being proposed Employer Reporting System (ERS) (for and BA–4 stating ‘‘these forms are our to Form BA–12. main data source for key components of Form BA–4 (Internet)), or in like format Lastly, the RRB proposes the addition BEA’s economic statistics’’. No other on magnetic tape cartridges, CD–ROM’s of new Form G–440, Report comments were received. and PC diskettes. Specifications Sheet, to the collection. The RRB proposes major changes to Form G–440 will act as a certification Information Collection Request (ICR) the information collection. They are document for various RRB employer Title: Railroad Service and intended to streamline the employer reporting forms (Forms BA–3, BA–4, Compensation Reports/System Access reporting process, ensuring more Form BA–6a, BA–6, Address Report Application/Report Certification. accurate and timely reporting, while (OMB 3220–0005), BA–9, Report of OMB Control Number: 3220–0008. eliminating or reducing the employer Separation Allowance or Severance Pay Form(s) submitted: BA–3, BA–4, BA– reporting burden associated with several (OMB 3220–0173) and BA–11, Report of 4(Internet), BA–12, G–440. other RRB information collections. Gross Earnings (OMB 3220–0132)). It Type of request: Revision of a Form BA–3a will be significantly will also be used to record the type of currently approved collection. revised and renamed Form BA–3, medium the report was submitted on, Affected public: Business or other for- Annual Report of Compensation. and as a summary recapitulation sheet profit. Revisions to proposed Form BA–3 for reports filed on paper. Abstract: Under the Railroad include the expansion of existing data The estimated completion times for Retirement Act and the Railroad fields to allow for: The reporting of Form(s) BA–3, BA–4 and G–440 vary, Unemployment Insurance Act, amounts for Tier I and Tier II depending on circumstances and the employers are required to report service compensation greater than $99,999.99 method of submission. The completion and compensation for each employee to (the annual creditable maximum for time for Form BA–3 is estimated at 46 update Railroad Retirement Board Tier I will exceed that amount within hours and 15 minutes per response for records for payments of benefits. The the next two years), RUIA daily pay rate electronic submissions to 116 hours and collection obtains service and amounts of more than $99.99, 4-digit 51 minutes for manual responses. The compensation information, information year fields and expansion of the completion time for Form BA–4 is needed to ensure secure system access employee’s name field. New Items estimated at 20 minutes for an ERS from employers who voluntarily opt to requesting information regarding sick Internet-based response (BA–4 use the RRB’s Internet-based Employer pay and miscellaneous compensation, (Internet)), 60 minutes for an electronic Reporting system to submit reporting the employee’s current address, submission (magnetic tape cartridge, forms, and information needed to certify maximum benefit RUIA compensation, CD–ROM, diskette, secure E-mail, FTP) employer reporting transactions.

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The burden estimate for the ICR is as (new-hires). Form BA–6a, Form BA–6 Form(s) submitted: AA–12, G–88a.1, follows: Address Report, is used by the RRB to G–88a.2, BA–6a, BA–6a (Internet), BA– Estimated Annual Number of obtain home address information of 6a (E-mail). Respondents: 579. employees from railroad employers that Type of request: Revision of a Total Annual Responses: 7,348. do not have the home address currently approved collection. Total Annual Reporting Hours: information computerized and who Affected public: Business or other for- 43,756. submit the information in a paper profit. 2. Title and Purpose of Information format. The form also serves as an Abstract: Under the Railroad Collection; Employer Reporting, 3220– instruction sheet to railroad employers Retirement Act and the Railroad 0005. who can also submit the information Unemployment Insurance Act, railroad Under section 9 of the Railroad electronically by magnetic tape employers are required to report service Retirement Act (RRA), and section 6 of cartridge, CD–ROM, PC diskette, secure and compensation for employees the Railroad Unemployment Insurance E-mail, or via the Internet (Form BA–6a needed to determine eligibility to and Act (RUIA), railroad employers are (Internet)) utilizing the RRB’s Employer the amounts of benefits paid. required to submit reports of employee Reporting System (ERS). The burden estimate for the ICR is as service and compensation to the RRB as The RRB proposes changes to Form follows: needed for administering the RRA and BA–6a and BA–6a (Internet). The Estimated Annual Number of RUIA. To pay benefits due on a employee’s name field will be Respondents: 579. deceased employee’s earnings records or expanded. A new item will be added to Total Annual Responses: 1,928. determine entitlement to, and amount of indicate the date an employee reported Total Annual Reporting Hours: 434. annuity applied for, it is necessary at the address to his employer. The RRB 3. Title and Purpose of Information times to obtain from railroad employers also proposes the implementation of an Collection; Railroad Separation current (lag) service and compensation additional electronic equivalent method Allowance or Severance Pay Report; not yet reported to the RRB through the of submission for BA–6a information: OMB 3220–0173. annual reporting process. The reporting File Transfer Protocol (FTP). Section 6 of the Railroad Retirement requirements are specified in 20 CFR Completion of the forms is Act provides for a lump-sum payment to 209.6 and 209.7. mandatory. One response is requested of an employee or the employee’s The RRB currently utilizes Form G– each respondent. The completion time survivors equal to the Tier II taxes paid 88a.1, Notice of Retirement and for Form G–88a.1 is estimated at 5 to 20 by the employee on a separation Verification of Date Last Worked, Form minutes. Form G–88a.2 is estimated at allowance or severance payment for G–88a.2, Notice of Retirement and 5 minutes per response. The completion which the employee did not receive Request for Service Needed for time for Form AA–12 is estimated at 5 credits toward retirement. The lump- Eligibility, and Form AA–12, Notice of minutes per response. The completion sum is not payable until retirement Death and Compensation, to obtain the time for Form BA–6a varies, depending benefits begin to accrue or the employee required lag service and related on circumstances and the method of dies. Also, section 4 (a–1)(iii) of the information from railroad employers. submission. An Internet-based BA–6a Railroad Unemployment Insurance Act Form G–88a.1 is a computer-generated (Internet) response utilizing the RRB’s provides that a railroad employee who listing sent by the RRB to railroad ERS system is estimated at 12 to 17 is paid a separation allowance is employers and used for the specific minutes. Electronic BA–6a responses disqualified for unemployment and purpose of verifying information submitted via magnetic tape, diskette, sickness benefits for the period of time previously provided to the RRB CD–ROM, secure E-mail and FTP are the employee would have to work to regarding the date last worked by an estimated at 15 minutes. BA–6a’s earn the amount of the allowance. The employee. If the information is correct, responses submitted on manual form reporting requirements are specified in the employer need not reply. If the BA–6a are estimated at 32 minutes. The 20 CFR 209.14. information is incorrect, the employer is annual respondent burden for the In order to calculate and provide asked to provide corrected information. information collection is estimated at payments, the Railroad Retirement Form G–88a.2 is used by the RRB to 1,928 responses and 434 hours. Board (RRB) must collect and maintain secure lag service and compensation Previous Requests for Comments: The records of separation allowances and information when it is needed to RRB has already published the initial severance payments which were subject determine benefit eligibility. Form AA– 60-day notice (72 FR 46251–46253 on to Tier II taxation from railroad 12 obtains a report of lag service and August 17, 2007) required by 44 U.S.C. employers. The RRB uses Form BA–9 to compensation from the last railroad 3506(c)(2). The RRB received comments obtain information from railroad employer of a deceased employee. This from the Department of Commerce’s, employers concerning the separation report covers the lag period between the Bureau of Economic Analysis (BEA), allowances and severance payments date of the latest record of employment strongly supporting the RRB’s continued made to railroad employees and/or the processed by the RRB and the date an use of Form BA–6a information as data survivors of railroad employees. employee last worked, the date of death from it (and RRB Form(s) BA–3a and Employers currently have the option of or the date the employee may have been BA–4) is used to prepare BEA estimates submitting a paper BA–9, or in entitled to benefits under the Social of the wages and salaries, employer equivalent format utilizing a magnetic Security Act. The information is used by contributions for employee pension and tape cartridge, CD–ROM or PC diskette. the RRB to determine benefits due on insurance funds, and personal Completion is mandatory. One response the deceased employee’s earnings contributions for government social is required of each respondent. record. The RRB proposes no changes to insurance components of State, and The RRB proposes changes to Form Form AA–12, Form G–88a.1 and Form county personal income. No other BA–9. Form BA–9 will be revised to G–88a.2. comments were received. allow for expansion of the employee’s In addition, 20 CFR 209.12(b) requires name field, 4-digit year fields, and all railroad employers to furnish the Information Collection Request (ICR) expanded yearly compensation fields RRB with the home addresses of all Title: Employer Reporting. for Tier II taxed and Tier II credited employees hired within the last year OMB Control Number: 3220–0005. amounts. The RRB also proposes the

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implementation of two additional gross earnings file tabulations are also covered by the Social Security and FIC electronic equivalent methods of an integral part of the data needed to Acts. submission for BA–9 information: File estimate future tax income and The burden estimate for the ICR is as Transfer Protocol (FTP) and secure e- corresponding financial interchange follows: mail. amounts. These estimates are made for Estimated Annual Number of The completion time for Form BA–9 internal use and to satisfy requests from Respondents: 168. and all electronic equivalent methods of other government agencies and Total Annual Responses: 168. submission is estimated at 76 minutes. interested groups. In addition, cash flow Total Annual Reporting Hours: 107. The annual respondent burden for the projections of the social security Additional Information or Comments: information collection is estimated at equivalent benefit account, railroad Copies of the forms and supporting 360 responses and 457 burden hours. retirement account and cost estimates documents can be obtained from Previous Requests for Comments: The made for proposed amendments to laws Charles Mierzwa, the agency clearance RRB has already published the initial administered by the RRB are dependent officer (312–751–3363) or 60-day notice (72 FR 46251–46253 on on input developed from the [email protected]. August 17, 2007) required by 44 U.S.C. information collection. Comments regarding the information 3506(c)(2). That request elicited no The RRB utilizes Form BA–11 or its collections should be sent to Ronald J. comments. electronic equivalent(s) to obtain gross Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois Information Collection Request (ICR) earnings information from railroad employers. Employers currently have 60611–2092 or Title: Railroad Separation Allowance the option of preparing and submitting [email protected], and to the or Severance Report. BA–11 reports on paper, or in like Office of Management Budget at Attn: OMB Control Number: 3220–0173. format on magnetic tape cartridges and Desk Officer for RRB, Fax: (202) 395– Form(s) submitted: BA–9. 6974 or via E-mail to PC diskettes. Completion is mandatory. _ Type of request: Revision of a One response is requested of each OIRA [email protected]. currently approved collection. respondent. Affected public: Business or other for- Charles Mierzwa, The RRB proposes changes to Form profit. Clearance Officer. Abstract: Section 6 of the Railroad BA–11 to allow for 4-digit year fields, to [FR Doc. E7–20809 Filed 10–22–07; 8:45 am] add an additional item for an Retirement Act provides for a lump-sum BILLING CODE 7905–01–P payment to an employee or the employer’s name and to expand the employee’s survivor equal to the Tier II employee’s name field. The RRB also taxes paid by the employee on a proposes the implementation of two SECURITIES AND EXCHANGE separation allowance or severance additional electronic equivalent COMMISSION payment for which the employee did methods of submission for BA–11 not receive credits toward retirement. information: File Transfer Protocol Proposed Collection; Comment The collection obtains information (FTP) and secure e-mail. Request The completion time for Form BA–11 concerning the separation allowances Upon Written Request, Copies Available and severance payments paid from responses submitted via magnetic tape and FTP is estimated at 5 hours. The From: Securities and Exchange railroad employers. Commission, Office of Investor The burden estimate for the ICR is as completion time for BA–11 responses received by paper, diskette, CD–ROM, Education and Advocacy, follows: Washington, DC 20549–0213. Estimated Annual Number of and secure E-mail is estimated at 30 Respondents: 20. minutes. Extension: Total Annual Responses: 360. Previous Requests for Comments: The Form 6–K, OMB Control No. 3235–0116, Total Annual Reporting Hours: 457. RRB has already published the initial SEC File No. 270–107. 4. Title and Purpose of Information 60-day notice (72 FR 46251–46253 on Notice is hereby given that, pursuant Collection; Gross Earnings Report; OMB August 17, 2007) required by 44 U.S.C. to the Paperwork Reduction Act of 1995 3220–0132. 3506(c)(2). That request elicited no (44 U.S.C. 3501 et seq.), the Securities In order to carry out the financial comments. and Exchange Commission interchange provisions of section 7(c)(2) Information Collection Request (ICR) (‘‘Commission’’) is soliciting comments of the Railroad Retirement Act (RRA), on the collection of information the RRB obtains annually from railroad Title: Gross Earnings Report. summarized below. The Commission employer’s the gross earnings for their OMB Control Number: 3220–0132. plans to submit this existing collection employees on a one-percent basis, i.e., Form(s) submitted: BA–11. of information to the Office of 1% of each employer’s railroad Type of request: Revision of a Management and Budget for extension employees. The gross earnings sample is currently approved collection. and approval. based on the earnings of employees Affected public: Business or other for- Form 6–K (17 CFR 249.306) elicits whose social security numbers end with profit. material information from foreign the digits ‘‘30.’’ The gross earnings are Abstract: Section 7(c)(2) of the private issuers of publicly traded used to compute payroll taxes under the Railroad Retirement Act requires a securities promptly after the occurrence financial interchange. financial interchange between the of specified or other important corporate The gross earnings information is OASDHI trust funds and the railroad events so that investors have current essential in determining the tax retirement account. The collection information upon which to base amounts involved in the financial obtains gross earnings of railway investment decisions. The purpose of interchange with the Social Security employees on a 1% basis. The Form 6–K is to ensure that U.S. Administration and Centers for information is used in determining the investors have access to the same Medicare and Medicaid Services. amount which would place the OASDHI information that foreign investors do Besides being necessary for current funds trust in the position they would when making investment decisions. financial interchange calculations, the have been if railroad service had been Form 6–K takes approximately 8.7 hours

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per response and is filed by approxi- 279.4) under the Investment Advisers SECURITIES AND EXCHANGE mately 12,022 issuers annually. We Act of 1940 (15 U.S.C. 80b–1). Rule 0– COMMISSION estimate that 75% of the 8.7 hours per 2 and Form ADV–NR facilitate service response (6.525 hours) is prepared by of process to non-resident investment Submission for OMB Review; the issuer for a total annual reporting advisers and their non-resident general Comment Request burden of 78,444 hours (6.525 hours per partners or non-resident managing × Upon Written Request, Copies Available response 12,022 responses). agents. The Form requires these persons From: Securities and Exchange Written comments are invited on: (a) to designate the Commission as agent Commission, Office of Investor Whether this collection of information for service of process. The purpose of Education and Advocacy, is necessary for the proper performance this collection of information is to Washington, DC 20549–0213. of the functions of the agency, including enable the commencement of legal and whether the information will have Extension: or regulatory actions against investment practical utility; (b) the accuracy of the Rule 17f–1(g), SEC File No. 270–30, OMB advisers that are doing business in the Control No. 3235–0290. agency’s estimate of the burden imposed by the collection of information; (c) United States, but are not residents. Notice is hereby given that, pursuant ways to enhance the quality, utility, and The respondents to this information to the Paperwork Reduction Act of 1995 clarity of the information collected; and collection would be each non-resident (44 U.S.C. 3501 et seq.), the Securities (d) ways to minimize the burden of the general partner or non-resident and Exchange Commission collection of information on managing agent of an SEC-registered (‘‘Commission’’) has submitted to the respondents, including through the use adviser. The Commission has estimated Office of Management and Budget a of automated collection techniques or that compliance with the requirement to request for extension of the previously other forms of information technology. complete Form ADV–NR imposes a total approved collection of information Consideration will be given to discussed below. burden of approximately 1.0 hours for • Rule 17f–1(g) (17 CFR 240.17f–1(g)) comments and suggestions submitted in an adviser. Based on our experience writing within 60 days of this of the Securities Exchange Act of 1934 with these filings, we estimate that we (15 U.S.C. 78q(f)) (‘‘Act’’) Requirements publication. will receive 18 Form ADV–NR filings Please direct your written comments for reporting and inquiry with respect to annually. Based on the 1.0 hours per missing, lost, counterfeit, or stolen to R. Corey Booth, Director/Chief respondent estimate, the Commission Information Officer, Securities and securities. staff estimates a total annual burden of Rule 17f–1(g), under the Act, requires Exchange Commission, c/o Shirley 18 hours for this collection of that all reporting institutions (i.e., every Martinson, 6432 General Green Way, information. national securities exchange, member Alexandria, Virginia 22312; or send an thereof, registered securities association, e-mail to: [email protected]. Written comments are invited on: (a) Whether the proposed collection of broker, dealer, municipal securities Dated: October 12, 2007. dealer, registered transfer agent, information is necessary for the proper Florence E. Harmon, registered clearing agency, participant performance of the functions of the Deputy Secretary. therein, member of the Federal Reserve agency, including whether the System, and bank insured by the FDIC) [FR Doc. E7–20792 Filed 10–22–07; 8:45 am] information will have practical utility; BILLING CODE 8011–01–P maintain and preserve a number of (b) the accuracy of the agency’s estimate documents related to their participation of the burden of the collection of in the Lost and Stolen Securities SECURITIES AND EXCHANGE information; (c) ways to enhance the Program (‘‘Program’’) under Rule 17f–1. COMMISSION quality, utility, and clarity of the The following documents must be kept information collected; and (d) ways to in an easily accessible place for three Proposed Collection; Comment minimize the burden of the collection of years, according to paragraph (g): (1) Request information on respondents, including Copies or all reports of theft or loss through the use of automated collection (Form X–17F–1A) filed with the Upon Written Request, Copies Available techniques or other forms of information Commission’s designee; (2) all From: Securities and Exchange agreements between reporting Commission, Office of Investor technology. Consideration will be given institutions regarding registration in the Education and Advocacy, to comments and suggestions submitted Program or other aspects of Rule 17f–1; Washington, DC 20549–0213. in writing within 60 days of this publication. and (3) all confirmations or other Extension: information received from the Please direct your written comments Rule 0–2, Form ADV–NR, SEC File No. Commission or its designee as a result 270–214, OMB Control No. 3235–0240. to R. Corey Booth, Director/Chief of inquiry. Notice is hereby given that pursuant Information Officer, Securities and Reporting institutions utilize these to the Paperwork Reduction Act of 1995 Exchange Commission, C/O Shirley records and reports (a) to report missing, (44 U.S.C. 3501 et seq.) the Securities Martinson, 6432 General Green Way, lost, stolen or counterfeit securities to and Exchange Commission Alexandria, VA, 22312; or send an e- the database, (b) to confirm inquiry of (‘‘Commission’’) is soliciting comments mail to: [email protected]. the database, and (c) to demonstrate on the collection of information Dated: October 15, 2007. compliance with Rule 17f–1. The summarized below. The Commission Florence E. Harmon, Commission and the reporting plans to submit this existing collection institutions’ examining authorities of information to the Office of Deputy Secretary. utilize these records to monitor the Management and Budget for extension [FR Doc. E7–20793 Filed 10–22–07; 8:45 am] incidence of thefts and losses incurred and approval. BILLING CODE 8011–01–P by reporting institutions and to The titles for the collections of determine compliance with Rule 17f–1. information are ‘‘Rule 0–2’’ (17 CFR If such records were not retained by 275.0–2) and ‘‘Form ADV–NR’’ (17 CFR reporting institutions, compliance with

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Rule 17f–1 could not be monitored meeting during the week of October 22, 11, 2007, NYSE Arca, Inc. (‘‘NYSE effectively. 2007: Arca’’ or ‘‘Exchange’’) filed with the The Commission estimates that there A Closed Meeting will be held on Securities and Exchange Commission are 25,628 reporting institutions Thursday, October 25, 2007 at 2 p.m. (‘‘Commission’’) the proposed rule (respondents) and, on average, each Commissioners, Counsel to the change as described in Items I, II, and respondent would need to retain 33 Commissioners, the Secretary to the III below, which Items have been records annually, with each retention Commission, and recording secretaries substantially prepared by the Exchange. requiring approximately 1 minute (33 will attend the Closed Meeting. Certain The Exchange has filed the proposed minutes or .55 hours). The total staff members who have an interest in rule change as one constituting a stated estimated annual burden is 14,095.4 the matters may also be present. policy, practice, or interpretation with hours (25,628 × .55 hours = 14,095.4). The General Counsel of the respect to the meaning, administration, Assuming an average hourly cost for Commission, or his designee, has clerical work of $22.00, the average total or enforcement of an existing rule under certified that, in his opinion, one or 3 yearly record retention cost for each section 19(b)(3)(A)(i) of the Act and more of the exemptions set forth in 5 4 respondent would be $12.10. Based on U.S.C. 552b(c)(3), (5), (7), (9)(B), and Rule 19b 4(f)(1) thereunder, which these estimates, the total annual cost for (10) and 17 CFR 200.402(a)(3), (5), (7), renders the proposal effective upon the estimated 25,628 reporting 9(ii) and (10), permit consideration of filing with the Commission. The institutions would be approximately the scheduled matters at the Closed Commission is publishing this notice to $310,099. Meeting. solicit comments on the proposed rule Rule 17f–1(g) does not require Commissioner Casey, as duty officer, change from interested persons. periodic collection, but does require voted to consider the items listed for the retention of records generated as a result I. Self-Regulatory Organization’s closed meeting in closed session. Statement of the Terms of Substance of of compliance with Rule 17f–1. Under The subject matter of the Closed the Proposed Rule Change Section 17(b) and (f) of the Act, the Meeting scheduled for Thursday, information required by Rule 17f–1(g) is October 25, 2007 will be: The Exchange, through its wholly available to the Commission and Formal orders of investigation; owned subsidiary, NYSE Arca Equities, Federal bank regulators for Institution and settlement of examinations or collection purposes. Inc. (‘‘NYSE Arca Equities’’ or injunctive actions; Rule 0–4 of the Act deems such ‘‘Corporation’’), proposes to delete Institution and settlement of information to be confidential. Please paragraph (a)(3)(B) from NYSE Arca administrative proceedings of an note that an agency may not conduct or Equities Rule 7.34, which includes a list enforcement nature; sponsor, and a person is not required to of securities eligible to trade in one or Resolution of litigation claims; and respond to, a collection of information more, but not all three, of the Other matters related to enforcement unless it displays a currently valid Exchange’s trading sessions. The actions. Exchange also proposes to amend the control number. At times, changes in Commission Comments should be directed to (i) language in paragraph (a)(3)(C) to priorities require alterations in the Desk Officer for the Securities and remove the corresponding requirement scheduling of meeting items. Exchange Commission, Office of For further information and to to post the list of securities on its Web Information and Regulatory Affairs, ascertain what, if any, matters have been site since the list is obsolete. The text of Office of Management and Budget, added, deleted or postponed, please the proposed rule change is available on Room 10102, New Executive Office contact: The Office of the Secretary at the Exchange’s Web site at http:// Building, Washington, DC 20503 or by (202) 551–5400. www.nyse.com, at the Exchange’s Office sending an e-mail to: of the Secretary, and at the _ _ Dated: October 18, 2007. Alexander T. [email protected]; and Commission’s Public Reference Room. (ii) R. Corey Booth, Director/Chief Florence E. Harmon, Information Officer, Securities and Deputy Secretary. II. Self-Regulatory Organization’s Exchange Commission, c/o Shirley [FR Doc. E7–20830 Filed 10–22–07; 8:45 am] Statement of the Purpose of, and Martinson, 6432 General Green Way, BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule Alexandria, VA 22312 or send an e-mail Change to: [email protected]. Comments must be submitted within 30 days of SECURITIES AND EXCHANGE In its filing with the Commission, the this notice. COMMISSION Exchange included statements concerning the purpose of, and basis for, Dated: October 17, 2007. [Release No. 34–56666; File No. SR– the proposed rule change and discussed Florence E. Harmon, NYSEArca–2007–107] any comments it received on the Deputy Secretary. proposed rule change. The text of these [FR Doc. E7–20794 Filed 10–22–07; 8:45 am] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and statements may be examined at the BILLING CODE 8011–01–P Immediate Effectiveness of Proposed places specified in Item IV below. The Rule Change Relating to Trading Exchange has prepared summaries, set SECURITIES AND EXCHANGE Sessions on NYSE Arca Marketplace forth in sections A, B, and C below, of COMMISSION the most significant aspects of such October 17, 2007. statements. Sunshine Act Meeting Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 Notice is hereby given, pursuant to (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 the provisions of the Government in the notice is hereby given that on October Sunshine Act, Public Law 94–409, that the Securities and Exchange 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A)(i). Commission will hold the following 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(1).

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A. Self-Regulatory Organization’s of the Act 8 in particular, because it is Electronic Comments Statement of the Purpose of, and designed to prevent fraudulent and • Statutory Basis for, the Proposed Rule manipulative acts and practices, to Use the Commission’s Internet Change promote just and equitable principles of comment form (http://www.sec.gov/ rules/sro.shtml); or 1. Purpose trade, to foster cooperation and coordination with persons engaged in • Send e-mail to rule- NYSE Arca Equities Rule 7.34 facilitating transactions in securities, [email protected]. Please include File provides that the NYSE Arca and to remove impediments to and Number SR–NYSEArca–2007–107 on Marketplace shall have three trading perfect the mechanism of a free and the subject line. sessions each day: An Opening Session open market and a national market Paper Comments (4 a.m. to 9:30 a.m. Eastern Time system. (‘‘ET’’)), a Core Trading Session (9:30 • a.m. to 4 p.m. ET), and a Late Trading B. Self-Regulatory Organization’s Send paper comments in triplicate Session (4 p.m. to 8 p.m. ET). The Core Statement on Burden on Competition to Nancy M. Morris, Secretary, Trading Session for securities described Securities and Exchange Commission, in Rules 5.1(b)(13), 5.1(b)(18), 5.2(j)(3), The Exchange does not believe that 100 F Street, NE., Washington, DC 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, the proposed rule change will impose 20549–1090. 5 any burden on competition that is not and 8.400 concludes at 4:15 p.m. ET. All submissions should refer to File The Exchange has expanded the necessary or appropriate in furtherance Number SR–NYSEArca–2007–107. This trading hours for the shares of certain of the purposes of the Act. file number should be included on the exchange-traded funds (‘‘ETFs’’) that C. Self-Regulatory Organization’s subject line if e-mail is used. To help the trade on the NYSE Arca Marketplace to include all three trading sessions.6 Statement on Comments on the Commission process and review your Accordingly, the Exchange proposes to Proposed Rule Change Received From comments more efficiently, please use delete paragraph (a)(3)(B) from NYSE Members, Participants, or Others only one method. The Commission will post all comments on the Commission’s Arca Equities Rule 7.34 since the list of The Exchange has neither solicited those securities which are eligible to Internet Web site (http://www.sec.gov/ nor received written comments on the rules/sro/shtml). Copies of the trade in one or more, but not all three, proposed rule change. of the Exchange’s trading sessions is submission, all subsequent now obsolete. In addition, the Exchange III. Date of Effectiveness of the amendments, all written statements maintains on its Web site (http:// Proposed Rule Change and Timing for with respect to the proposed rule www.nyse.com) a list that identifies all Commission Action change that are filed with the securities traded on the NYSE Arca Commission, and all written Marketplace that do not trade for the Because the proposed rule change is communications relating to the duration of each of the three sessions effective upon filing pursuant to section proposed rule change between the specified in NYSE Arca Equities Rule 19(b)(3)(A)(i) of the Act9 and Rule 19b– Commission and any person, other than 7.34. Therefore, the Exchange proposes 4(f)(1) thereunder,10 in that it those that may be withheld from the to amend the language in paragraph constitutes a stated policy, practice, or public in accordance with the (a)(3)(C) of NYSE Arca Equities Rule interpretation with respect to the provisions of 5 U.S.C. 552, will be 7.34 to remove the corresponding meaning, administration, or available for inspection and copying in requirement to post such list on the enforcement of an existing rule of the the Commission’s Public Reference Exchange’s Web site. Exchange, it has become effective Room, 100 F Street, NE., Washington, pursuant to section 19(b)(3)(A)(i) of the 2. Statutory Basis DC 20549, on official business days Act11 and Rule 19b–4(f)(1) thereunder.12 The Exchange believes that the between the hours of 10 a.m. and 3 p.m. At any time within 60 days of the filing Copies of the filing also will be available proposed rule change is consistent with of the proposed rule change, the 7 for inspection and copying at the section 6(b) of the Act in general, and Commission may summarily abrogate furthers the objectives of section 6(b)(5) principal office of the Exchange. All such proposed rule change if it appears comments received will be posted to the Commission that such action is 5 without change; the Commission does NYSE Arca Equities Rules 5.1(b)(13), 5.2(j)(3), necessary or appropriate in the public 8.100, 8.200, 8.201, 8.202, 8.203, 8.300, and 8.400 not edit personal identifying interest, for the protection of investors, relate to Unit Investment Trusts, Investment information from submissions. You Company Units, Portfolio Depositary Receipts, or otherwise in furtherance of the should submit only information that Trust Issued Receipts, Commodity-Based Trust purposes of the Act. Shares, Currency Trust Shares, Commodity Index you wish to make available publicly. All Trust Shares, Partnership Units, and Paired Trust IV. Solicitation of Comments submissions should refer to File number Shares, respectively. See Securities Exchange Act SR–NYSEArca–2007–107 and should be Release No. 54997 (December 21, 2006), 71 FR Interested persons are invited to 78501 (December 29, 2006) (SR–NYSEArca–2006– submitted on or before November 13, 77) (approving amendments to NYSE Arca Equities submit written data, views, and 2007. Rule 7.34 including provisions relating to trading arguments concerning the foregoing, sessions of securities on the NYSE Arca including whether the proposed rule For the Commission, by the Division of Marketplace). change is consistent with the Act. Market Regulation, pursuant to delegated 6 See Securities Exchange Act Release No. 56627 authority.13 (October 5, 2007) (SR–NYSEArca–2007–75) Comments may be submitted by any of (expanding the trading sessions of certain ETFs); the following methods: Florence E. Harmon, Securities Exchange Act Release No. 56625 (October Deputy Secretary. 5, 2007) (SR–NYSEArca–2007–73) (amending 8 generic listing standards for investment company 15 U.S.C. 78f(b)(5). [FR Doc. E7–20806 Filed 10–22–07; 8:45 am] 9 units and portfolio depositary receipts to allow for 15 U.S.C. 78s(b)(3)(A)(i). BILLING CODE 8011–01–P trading of ETFs in all three of the Exchange’s 10 17 CFR 240.19b–4(f)(1). trading sessions). 11 15 U.S.C. 78s(b)(3)(A)(i). 7 15 U.S.C. 78f(b). 12 17 CFR 240.19b–4(f)(1). 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE Sections A, B, and C below, of the most B. Self-Regulatory Organization’s COMMISSION significant aspects of such statements. Statement on Burden on Competition A. Self-Regulatory Organization’s The Exchange does not believe that [Release No. 34–56663; File No. SR–Phlx– Statement of the Purpose of, and the the proposed rule change will impose 2007–74] Statutory Basis for, the Proposed Rule any burden on competition that is not Self-Regulatory Organizations; Change necessary or appropriate in furtherance of the purposes of the Act. Philadelphia Stock Exchange, Inc.; 1. Purpose Notice of Filing and Immediate C. Self-Regulatory Organization’s Effectiveness of Proposed Rule The purpose of the proposed rule Statement on Comments on the Change Relating to Series of U.S. change is to permit the Exchange to list Proposed Rule Change Received From Dollar-Settled Foreign Currency an additional series of cycle month U.S. 5 Members, Participants or Others Options Open for Trading dollar-settled FCOs. Currently, Rule 1012(a)(iii)(B) provides that, with No written comments were solicited October 16, 2007. respect to any particular class of U.S. or received with respect to the proposed Pursuant to Section 19(b)(1) of the dollar-settled FCO, series of options rule change. Securities Exchange Act of 1934 expiring in up to three of the four cycle III. Date of Effectiveness of the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 months designated by the Exchange for Proposed Rule Change and Timing for notice is hereby given that on October that class may be opened for trading Commission Action 4, 2007, the Philadelphia Stock simultaneously. Thus, for example, in Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) October the Exchange may have open Because the foregoing proposed rule filed with the Securities and Exchange for trading series of options expiring in change does not: Commission (‘‘Commission’’) the the December, March and June cycle (i) Significantly affect the protection proposed rule change as described in months.6 of investors or the public interest; Items I and II below, which Items have As amended, Rule 1012(a)(iii)(B) (ii) Impose any significant burden on been substantially prepared by the would permit four cycle months to be competition; and Exchange. The Exchange filed the open for trading simultaneously. Thus, (iii) Become operative for 30 days proposal pursuant to Section 19(b)(3)(A) in the example just used, in October the from the date on which it was filed, or of the Act 3 and Rule 19b–4(f)(6) Exchange would be able to have open such shorter time as the Commission thereunder,4 which renders the proposal for trading series of options expiring in may designate, if consistent with the effective upon filing with the the December, March, June, and protection of investors and the public Commission. The Commission is September contract months. interest, it has become effective publishing this notice to solicit pursuant to Section 19(b)(3)(A) of the 2. Statutory Basis 9 10 comments on the proposed rule change Act and Rule 19b–4(f)(6) thereunder. from interested persons. The Exchange believes that the As required under Rule 19b–4(f)(6)(iii) proposed rule change is consistent with under the Act,11 the Exchange provided I. Self-Regulatory Organization’s Section 6(b) of the Act 7 in general and the Commission with written notice of Statement of the Terms of Substance of furthers the objectives of Section its intent to file the proposed rule the Proposed Rule Change 6(b)(5) 8 in particular, in that it is change, along with a brief description The Exchange proposes to amend designed to prevent fraudulent and and text of the proposed rule change, at Rule 1012, Series of Options Open for manipulative acts and practices, to least five business days prior to the date Trading, in order to increase the number promote just and equitable principles of of the filing of the proposed rule change. of permissible cycle month series of trade, to remove impediments to, and At any time within 60 days of the U.S. dollar-settled foreign currency perfect the mechanism of, a free and filing of the proposed rule change, the options (‘‘FCOs’’) that may be opened open market and a national market Commission may summarily abrogate for trading from three to four. system, and in general, to protect such rule change if it appears to the The text of the proposed rule change investors and the public interest, by Commission that such action is is available at the Exchange, the providing investors another contract necessary or appropriate in the public Commission’s Public Reference Room, month for U.S. dollar-settled FCOs with interest, for the protection of investors, and http://www.phlx.com. which they can hedge their foreign or otherwise in furtherance of the purposes of the Act. II. Self-Regulatory Organization’s currency risks. Statement of the Purpose of, and IV. Solicitation of Comments Statutory Basis for, the Proposed Rule 5 Rule 1012(a)(iii)(B) provides that the Exchange may designate one expiration cycle for each class Interested persons are invited to Change of U.S. dollar-settled FCO. An expiration cycle submit written data, views, and In its filing with the Commission, the consists of four calendar months (‘‘cycle months’’) arguments concerning the foregoing, occurring at three-month intervals. The Exchange Exchange included statements has designated the March, June, September, and including whether the proposed rule concerning the purpose of, and basis for, December cycle as the expiration cycle for U.S. change is consistent with the Act. the proposed rule change and discussed dollar-settled FCOs. Comments may be submitted by any of any comments it received on the 6 In addition to the three cycle month expirations, the following methods: proposed rule change. The text of these the Exchange currently has open two consecutive month expirations. Thus, at any given time the Electronic Comments statements may be examined at the Exchange has open expirations at one, two, three, places specified in Item IV below. Phlx six, and nine months. The open series are on three • Use the Commission’s Internet has prepared summaries, set forth in of the months from the March, June, September, comment form (http://www.sec.gov/ December cycle, plus two additional near term rules/sro.shtml); or months (five months at all times). No change is 1 15 U.S.C. 78s(b)(1). being proposed to the consecutive month expiration 2 17 CFR 240.19b–4. series. 9 15 U.S.C. 78s(b)(3)(A). 3 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78f(b). 10 17 CFR 240.19b–4(f)(6). 4 17 CFR 240.19b–4(f)(6). 8 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6)(iii).

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• Send an e-mail to rule- DEPARTMENT OF STATE Dated: October 16, 2007. [email protected]. Please include File C. Miller Crouch, [Public Notice 5973] Number SR–Phlx–2007–74 on the Principal Deputy Assistant Secretary for subject line. Culturally Significant Objects Imported Educational and Cultural Affairs, Department of State. Paper Comments for Exhibition Determinations: ‘‘Wine, Worship and Sacrifice: The Golden [FR Doc. E7–20832 Filed 10–22–07; 8:45 am] • Send paper comments in triplicate Graves of Ancient Vani’’ BILLING CODE 4710–05–P to Nancy M. Morris, Secretary, AGENCY: Securities and Exchange Commission, Department of State. 100 F Street, NE., Washington, DC ACTION: Notice, correction. DEPARTMENT OF TRANSPORTATION 20549–1090. SUMMARY: On October 11, 2007, notice Office of the Secretary All submissions should refer to File was published on page 57987 of the [Docket No. FHWA–2007–0006] Number SR–SR–Phlx–2007–74. This file Federal Register (volume 72, number number should be included on the 196) of determinations made by the Agency Information Collection subject line if e-mail is used. To help the Department of State pertaining to the Activities: Notice of Request for Commission process and review your exhibition ‘‘Wine, Worship and Renewal of a Previously Approved comments more efficiently, please use Sacrifice: The Golden Graves of Ancient Information Collection only one method. The Commission will Vani.’’ The referenced notice is AGENCY: Office of the Secretary (OST). post all comments on the Commission’s corrected as to the description of two ACTION: Notice and request for Internet Web site (http://www.sec.gov/ objects covered, and five additional objects to be included in the the comments. rules/sro.shtml). Copies of the exhibition. Notice is hereby given of the submission, all subsequent following determinations: Pursuant to SUMMARY: The OST invites public amendments, all written statements the authority vested in me by the Act of comments about our intention to request with respect to the proposed rule October 19, 1965 (79 Stat. 985; 22 U.S.C. the Office of Management and Budget’s change that are filed with the 2459), Executive Order 12047 of March (OMB) approval for renewal of a Commission, and all written 27, 1978, the Foreign Affairs Reform and previously approved information communications relating to the Restructuring Act of 1998 (112 Stat. collection that is summarized below proposed rule change between the 2681, et seq.; 22 U.S.C. 6501 note, et under SUPPLEMENTARY INFORMATION. We Commission and any person, other than seq.), Delegation of Authority No. 234 of are required to publish this notice in the those that may be withheld from the October 1, 1999, Delegation of Authority Federal Register by the Paperwork public in accordance with the No. 236 of October 19, 1999, as Reduction Act of 1995. provisions of 5 U.S.C. 552, will be amended, and Delegation of Authority DATES: Please submit comments by available for inspection and copying in No. 257 of April 15, 2003 [68 FR 19875], December 24, 2007. the Commission’s Public Reference I hereby determine that the corrected ADDRESSES: You may submit comments Room, 100 F Street, NE., Washington, and additional objects to be included in identified by Docket ID Number FHWA– DC 20549, on official business days the exhibition ‘‘Wine, Worship and 2007–0006 by any of the following between the hours of 10 a.m. and 3 p.m. Sacrifice: The Golden Graves of Ancient methods: Copies of such filing also will be Vani’’, imported from abroad for Web Site: For access to the docket to available for inspection and copying at temporary exhibition within the United read background documents or the principal office of the Exchange. All States, are of cultural significance. The comments received go to the Federal comments received will be posted corrected and additional objects are eRulemaking Portal: Go to http:// without change; the Commission does imported pursuant to loan agreements www.regulations.gov. not edit personal identifying with the foreign owners or custodians. Follow the online instructions for information from submissions. You I also determine that the exhibition or submitting comments. Fax: 1–202–493–2251. should submit only information that display of the corrected and additional exhibit objects at the Arthur M. Sackler Mail: Docket Management Facility, you wish to make available publicly. All Gallery, Washington, DC, from on or U.S. Department of Transportation, submissions should refer to File about December 1, 2007, until on or West Building Ground Floor, Room Number SR–Phlx–2007–74 and should about February 24, 2008, at the Institute W12–140, 1200 New Jersey Avenue, SE., be submitted on or before November 13, for the Study of the Ancient World, New Washington, DC 20590–0001. 2007. York, NY, from on or about March 10, Hand Delivery or Courier: U.S. For the Commission, by the Division of 2008 until on or about June 1, 2008, and Department of Transportation, West Market Regulation, pursuant to delegated at possible additional exhibitions or Building Ground Floor, Room W12–140, authority. 12 venues yet to be determined, is in the 1200 New Jersey Avenue SE., Florence E. Harmon, national interest. Public Notice of these Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through Friday, Deputy Secretary. Determinations is ordered to be except Federal holidays. [FR Doc. E7–20769 Filed 10–22–07; 8:45 am] published in the Federal Register. FOR FURTHER INFORMATION CONTACT: FOR FURTHER INFORMATION CONTACT: BILLING CODE 8011–01–P For further information, including a list of David Walterscheid, 720–963–3073, the exhibit objects, contact Richard Office of Real Estate Services, Federal Lahne, Attorney-Adviser, Office of the Highway Administration, 12300 West Legal Adviser, U.S. Department of State Dakota Ave., Room 175, Lakewood, CO (telephone: 202/453–8058). The address 80228, between 7:30 a.m. to 4:30 p.m., is U.S. Department of State, SA–44, 301 Monday through Friday, except Federal 4th Street, SW. Room 700, Washington, holidays. 12 17 CFR 200.30–3(a)(12). DC 20547–0001. SUPPLEMENTARY INFORMATION:

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Title: Relocation Assistance and Real DEPARTMENT OF TRANSPORATION • Avionics Equipment Performance Property Acquisition Regulations for Verification (B. Pemberton, ARINC). Federal and Federally Assisted Federal Aviation Administration • Aircraft Installation Design Programs. Requirements (S. Niessner, Aircell). OMB Control #: 2105–0508. Second Meeting, Special Committee • Requirements Mapping (M. Meza, 215, Aeronautical Mobile Satellite Background: This program Iridium). (Route) Services, Next Generation • implements 42 U.S.C. 4602, concerning DO–270. Satellite Services and Equipment • acquisition of real property and Discussion of Requirements for relocation assistance for displaced AGENCY: Federal Aviation Normative Appendix (D. Pitoniak, persons for Federal and federally- Administration (FAA), DOT. Continental). • Closing Plenary Session (Other assisted programs. It prohibits the ACTION: Notice of RTCA Special provision of relocation assistance and Business, Schedule Next Plenary Committee 215, Aeronautical Mobile Meeting, Adjourn). payments to persons not legally in the Satellite (Route) Services, Next United States (with certain exceptions). Attendance is open to the interested Generation Satellite Services and public but limited to space availability. The information collected consists of a Equipment. certification of residency status from With the approval of the chairmen, affected persons to establish eligibility SUMMARY: The FAA is issuing this notice members of the public may present oral for relocation assistance and payments. to advise the public of a second meeting statements at the meeting. Persons Displacing agencies will require each of RTCA Special Committee 215, wishing to present statements or obtain person who is to be displaced by a Aeronautical Mobile Satellite (Route) information should contact the person Federal or federally-assisted project, as Services, Next Generation Satellite listed in the FOR FURTHER INFORMATION a condition of eligibility for relocation Services and Equipment. CONTACT section. Members of the public may present a written statement to the payments or advisory assistance, to DATES: The meeting will be held committee at any time. certify that he or she is lawfully present November 6–7, 2007 starting at 9 a.m. in the United States. ADDRESSES: The meeting will be held at Issued in Washington, DC, on October 2, Respondents: Federal agencies, State RTCA, Inc., 1828 L Street, NW., Suite 2007. highway agencies, local government 805, Washington, DC 20036. Francisco Estrada C., highway agencies, and airport sponsors RTCA Advisory Committee. FOR FURTHER INFORMATION CONTACT: receiving financial assistance for RTCA Secretariat, 1828 L Street, NW., [FR Doc. 07–5214 Filed 10–22–07; 8:45 am] expenditures of Federal funds on Suite 805, Washington, DC 20036; BILLING CODE 4910–13–M acquisition and relocation payments telephone (202) 833–9339; fax (202) and required services to displaced 833–9434; Web site http://www.rtca.org persons. for directions. DEPARTMENT OF TRANSPORTATION Estimated Number of Respondents: 1,460 for file maintenance and 52 state Note: Dress is Business Casual. Federal Aviation Administration highway agencies for statistical reports. SUPPLEMENTARY INFORMATION: Pursuant Fourteenth Meeting: RTCA Special Estimated Average Burden per to section 10(a)(2) of the Federal Committee 207/Airport Security Response: The average burden per Advisory Committee Act (Pub. L. 92– Access Control Systems response is 16.5 hours. 463, 5 U.S.C., Appendix 2), notice is Estimated Total Annual Burden hereby given for a Special Committee AGENCY: Federal Aviation Hours: 25,000 hours. 215 meeting. The agenda will include: Administration (FAA), DOT. Public Comments Invited: You are • November 6–7: ACTION: Notice of RTCA Special asked to comment on any aspect of this • Opening Plenary Session (Welcome, Committee 207 Meeting, Airport information collection, including: (1) Introductions, and Administrative Security Access Control Systems. Whether the proposed collection is Remarks, Review and Approval of necessary for the FHWA’s performance; Agenda for Second Plenary). SUMMARY: The FAA is issuing this notice (2) the accuracy of the estimated • Review and Approval of Third to advise the public of a meeting of burdens; (3) ways for the FHWA to Meeting Summary (215–026; RTCA RTCA Special Committee 207, Airport enhance the quality, usefulness, and Paper No. 245–07/SC215–009). Security Access Control Systems. clarity of the collected information; and • Review of Action List and DATES: The meeting will be held (4) ways that the burden could be Outstanding Actions. November 16, 2007 from 9:30 a.m.–4 minimized, including the use of • FAA Issue Table—Outstanding p.m. Actions (215–005). electronic technology, without reducing ADDRESSES: The meeting will be held at • NSF–Radio Astronomy Issue (FAA/ the quality of the collected information. RTCA, Inc., Conference Rooms, 1828 L Iridium). The agency will summarize and/or Street, NW., Suite 805, Washington, DC • DO–262–Reports from Drafting include your comments in the request 20036. for OMB’s clearance of this information Groups; Review of Drafts. FOR FURTHER INFORMATION CONTACT: (1) collection. • Review Outline of DO–262 Normative Appendix. RTCA Secretariat, 1828 L Street, NW., Authority: The Paperwork Reduction Act • Overview/Introductory Sections (M. Suite 805, Washington, DC 20036; of 1995; 44 U.S.C. Chapter 35, as amended; telephone (202) 833–9339; fax (202) and 49 CFR 1.48. Meza, Iridium). • Avionics Subsystem Definitions/ 833–9434; Web site http://www.rtca.org. Issued On: October 17, 2007. Overall Requirements; Avionics Design SUPPLEMENTARY INFORMATION: Pursuant James R. Kabel, and Performance (J. Becker, Wingspeed/ to section 10(a)(2) of the Federal Chief, Management Programs and Analysis A. Jabs, ICG). Advisory Committee Act (Pub. L. 92– Division. • Antenna (K. Bomgren, Dayton- 463, 5 U.S.C., Appendix 2), notice is [FR Doc. E7–20839 Filed 10–22–07; 8:45 am] Granger). hereby given for a Special Committee BILLING CODE 4910–22–P • Transceiver (M. Meza, Iridium). 207 meeting. The agenda will include:

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• November 16: Today’s Notice alerts interested www.regulations.gov. Follow the online • Opening Plenary Session (Welcome, parties that ARP has prepared the desk instructions for submitting comments. Introductions, and Administrative reference, entitled ‘‘Environmental Desk Fax: 1–202–493–2251. Remarks). Reference for Airport Actions.’’ Mail: Docket Management Facility, • Review of Meeting Summary. Interested parties may review a copy of U.S. Department of Transportation, • Review of Workgroup Leaders the document at the following Web site: West Building Ground Floor, Room Meetings. http://www.faa.gov/airports_airtraffic/ W12–140, 1200 New Jersey Avenue, SE., • Workgroup Reports. • airports/environmental/ Washington, DC 20590–0001. Workgroup 2: Introduction. environmental_desk_ref/. Hand Delivery or Courier: U.S. • Workgroup 3: Local Identity ARP will publish changes to the Desk Department of Transportation, West Management System. Building Ground Floor, Room W12–140, • Workgroup 4: Physical Access Reference that may be needed to 1200 New Jersey Avenue SE., Control. respond to changes in the laws, • Workgroup 5: Intrusion Detection regulations, or Executive Orders the Washington, DC 20590, between 9 a.m. Systems. Desk Reference discusses. and 5 p.m. ET, Monday through Friday, • Workgroup 6: Video Systems. FOR FURTHER INFORMATION CONTACT: Mr. except Federal holidays. • Workgroup 7: Security Operating Ed Melisky, Federal Aviation FOR FURTHER INFORMATION CONTACT: Gary Center. Administration, Office of Airports, Jensen, 202–366–2048, Office of • Workgroup 8: Communications Airport Planning and Environmental Planning, Environment & Realty, HEP– Infrastructure. Division, 800 Independence Ave., SW., 2, Federal Highway Administration, • Workgroup 9: General Washington, DC 209591; telephone: Department of Transportation, 1200 Considerations. 202–267–5869. His e-mail is New Jersey Avenue, SE., Washington, • Workgroup 10: Appendices. [email protected]. DC 20590, between 7:30 a.m. to 4:30 • Closing Plenary Session (Other Dated: October 12, 2007. p.m., Monday through Friday, except Business, Establish Agenda, Date and Federal holidays. Benito DeLeon, Place of Following Meetings). SUPPLEMENTARY INFORMATION: Attendance is open to the interested Director, Office of Airport Planning and Title: National Scenic Byway public but limited to space availability. Programming. APP–1. Program. [FR Doc. 07–5224 Filed 10–22–07; 8:45 am] With the approval of the chairmen, OMB Control #: 2125–0611. members of the public may present oral BILLING CODE 4910–13–M Form #: FHWA–1569, FHWA–1570, statements at the meeting. Persons FHWA–1577. wishing to present statements or obtain DEPARTMENT OF TRANSPORTATION Background: The National Scenic information should contact the person Byways Program was established under listed in the FOR FURTHER INFORMATION Federal Highway Administration the Intermodal Surface Transportation CONTACT section. Members of the public Efficiency Act of 1991, and reauthorized may present a written statement to the [Docket No. FHWA–2007–0005] in 1998 under the Transportation Equity committee at any time. Act for the 21st Century. Under the Issued in Washington, DC, on October 15, Agency Information Collection program, the U.S. Secretary of 2007. Activities: Notice of Request for Transportation recognizes certain roads Francisco Estrada C., Extension of Currently Approved as National Scenic Byways or All- RTCA Advisory Committee. Information Collection American Roads based on their [FR Doc. 07–5215 Filed 10–22–07; 8:45 am] archaeological, cultural, historic, AGENCY: Federal Highway BILLING CODE 4910–13–M natural, recreational, and scenic Administration (FHWA), DOT. qualities. There are 126 such designated ACTION: Notice of request for extension Byways in 44 states, which the FHWA DEPARTMENT OF TRANSPORTATION of currently approved information promotes as the America’s Byways. It is collection. a voluntary, grassroots program that Federal Aviation Administration recognizes and supports outstanding SUMMARY: The FHWA invites public roads while providing resources to help Environmental Desk Reference for comments about our intention to request manage the intrinsic qualities within the Airport Actions the Office of Management and Budget’s broader Byway corridor to be treasured (OMB) approval for changes to a ACTION: Notice of availability. and shared. The vision of the FHWA’s currently approved information National Scenic Byways Program is ‘‘to SUMMARY: On May 18, 2006, the Federal collection that is summarized below create a distinctive collection of Aviation Administration’s Office of under SUPPLEMENTARY INFORMATION. We American roads, their stories and Airports (ARP) published a notice in the are required to publish this notice in the treasured places.’’ The program’s Federal Register. That Notice told Federal Register by the Paperwork mission is to provide resources to the interested parties about the availability Reduction Act of 1995. byway community in creating a unique of the Preamble for FAA Order 5050.4B, DATES: Please submit comments by travel experience and enhanced local National Environmental Policy Act (please insert date 60 days from quality of life through efforts to (NEPA) Implementing Instructions for published date). preserve, protect, interpret, and promote Airport Actions (71 FR 29014). In that ADDRESSES: You may submit comments the intrinsic qualities of designated Preamble, ARP stated that it would identified by DOT Docket ID Number byways. Title 23, Section 162 of the prepare a desk reference to provide its FHWA–2007–0005, by any of the United States Code describes the staff and interested parties with following methods: creation of the National Scenic Byways information on integrating and Web Site: For access to the docket to Program. This legislation was most complying with Federal environmental read background documents or recently amended in 2005 upon passage laws, regulations, and Executive Orders comments received go to the Federal of the Public Law 109–59 Safe, other than NEPA (71 FR 29015). eRulemaking Portal: Go to http:// Accountable, Flexible, and Efficient

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Transportation Equity Act—A Legacy case of a road on Federal land, as a scheduling a public hearing in for Users (SAFETEA–LU). The Federal land management agency connection with these proceedings since legislation includes provisions for byway. the facts do not appear to warrant a review and dissemination of grant Frequency: Biennial. hearing. If any interested party desires monies by the U.S. Secretary of Estimated Average Burden per an opportunity for oral comment, they Transportation. Grant applications are Response: 200 hours. should notify FRA, in writing, before solicited on an annual basis. Eligible Estimated Total Annual Burden the end of the comment period and projects are on State designated byways, Hours: 11,400 hours. specify the basis for their request. National Scenic Byways, All-American Authority: The Paperwork Reduction Act All communications concerning these Roads, or Indian tribe scenic byways. of 1995; 44 U.S.C. Chapter 35, as amended; proceedings should identify the Applications are completed by Federal, and 49 CFR 1.48. appropriate docket number (e.g., Waiver State, or local governmental agencies; Issued on: October 17, 2007. Petition Docket Number FRA–2007– Tribal governments; and non-profit James R. Kabel, 28952) and must be submitted in organizations. The application Chief, Management Programs and Analysis triplicate to the Docket Clerk, DOT information is collected electronically Division. Docket Management Facility, 1200 New via the online Grant system and is used [FR Doc. E7–20838 Filed 10–22–07; 8:45 am] Jersey Avenue SE., West Building to determine project eligibility. The BILLING CODE 4910–22–P Ground Floor, Room W12–140, legislation also includes information Washington, DC 20590–0001. about the nomination of scenic byways Communications received within 45 to become one of America’s Byways, a DEPARTMENT OF TRANSPORTATION days of the date of this notice will be collection of distinct and diverse roads considered by FRA before final action is designated by the U.S. Secretary of Federal Railroad Administration taken. Comments received after that Transportation. America’s Byways date will be considered as far as include the National Scenic Byways and Petition for Waiver of Compliance practicable. All written communications All-American Roads. Additional In accordance with Part 211 of Title concerning these proceedings are information on the National Scenic 49 Code of Federal Regulations (CFR), available for examination during regular Byways Program, its grant program, and notice is hereby given that the Federal business hours (9 a.m.–5 p.m.) at the the nomination process is available at Railroad Administration (FRA) has above facility. All documents in the http://www.bywaysonline.org. public docket are also available for Grants Respondents: In a typical received a request for a waiver of compliance from certain requirements inspection and copying on the Internet grants cycle, it is estimated that 400 at the docket facility’s Web site at applications will be received. These of its safety standards. The individual petition is described below, including http://www.regulations.gov. applications will be submitted online Anyone is able to search the and reviewed for eligibility through a the party seeking relief, the regulatory provisions involved, the nature of the electronic form of all comments process involving State Byway or Indian received into any of our dockets by the Tribe Scenic Byway Coordinators and relief being requested, and the petitioner’s arguments in favor of relief. name of the individual submitting the FHWA Division Offices before being comment (or signing the comment, if submitted to FHWA Headquarters for Union Pacific Railroad Company submitted on behalf of an association, funding consideration. Respondents business, labor union, etc.). You may include: 50 State Departments of [Docket Number FRA–2007–28952] review the DOT’s complete Privacy Act Transportation, the District of Columbia The Union Pacific Railroad Company Statement in the Federal Register and Puerto Rico (Right-of-Way (UP) seeks a waiver of compliance from published on April 11, 2000 (Volume Department), Federal Land Management certain requirements of 49 CFR Part 232, 65, Number 70; Pages 19477–78). The Agencies, State and local governments, Brake System Safety Standards for statement may also be found at http:// non-profit agencies, and Tribal Freight and Other Non-Passenger Trains dms.dot.gov. Governments. and Equipment; End-of-Train Devices, Frequency: Annual. and Part 215, Railroad Freight Car Issued in Washington, DC, on October 17, Estimated Average Burden per Safety Standards. Specifically, UP seeks 2007. Response: 16 hours. relief to permit trains received at the Grady C. Cothen, Jr., Nominations Respondents: Based on United States-Mexican border at Eagle Deputy Associate Administrator for Safety previous nomination cycles, it is Pass, TX, from the Ferrocarriles Standards and Program Development. estimated that a total of 75 nominations Nacionales de Mexico, to move from the [FR Doc. E7–20831 Filed 10–22–07; 8:45 am] will be received, originating from any interchange point without performing BILLING CODE 4910–06–P local government, including Indian the regulatory tests and inspections tribal governments, or any private group specified in Part 215 and section or individual. Nominations may also 232.205(a)(1), at that location. UP originate from the U.S. Forest Service, proposes moving the trains from the DEPARTMENT OF THE TREASURY the National Park Service, the Bureau of border at Milepost 32.5 on the Eagle Land Management, or the Bureau of Pass Subdivision, to the UP yard at Office of Foreign Assets Control Indian Affairs; but such nominations Clarks Park, TX, a distance of 4.8 miles, Notice: Publication of U.S./EU must come through the State Scenic where required FRA inspections will be Exchange of Letters and Terrorist Byways Agency, with the State’s performed. UP claims that granting of Finance Tracking Program concurrence. Roads determined to be the waiver would expedite train Representations of the United States appropriate for nomination by the State, movements and avoid blockages of Department of the Treasury an Indian tribe, or a Federal land crossings in Eagle Pass. management agency based on its Interested parties are invited to AGENCY: Office of Foreign Assets intrinsic qualities must first be participate in these proceedings by Control, Treasury. designated as a State scenic byway, an submitting written views, data, or ACTION: Notice. Indian tribe scenic byway, or, in the comments. FRA does not anticipate

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SUMMARY: The Treasury Department possibility that the Treasury Department counterterrorism and privacy matters. administers the Terrorist Finance might have access to EU-originating The European Union’s reply letter Tracking Program (TFTP) as a targeted personal data through the SWIFT acknowledges that the Treasury tool to help track terrorists and their transaction records. Specifically, Department has the authority to networks. The TFTP utilizes certain questions were raised on the TFTP’s subpoena SWIFT data, and also states financial transaction information consistency with obligations under the that once SWIFT and the financial provided by the Society for Worldwide Data Protection Directive (Directive 95/ institutions making use of its services Interbank Financial Telecommunication 46/EC of the European Parliament and have completed the necessary (SWIFT), a Belgium-based cooperative, of the Council of 24 October 1995 on the arrangements to respect EC law, in under compulsion of administrative protection of individuals with regard to particular through the provision of subpoenas. Discussions among U.S. and the processing of personal data and on information that personal data will be European authorities on the operation of the free movement of such data), as well transferred to the United States and the TFTP in the context of their as Member State laws implementing SWIFT’s respecting the U.S. Department respective counterterrorism efforts and that Directive. of Commerce’s ‘‘Safe Harbor’’ data privacy laws culminated on June Treasury Department officials principles, they will be in compliance 28, 2007, in the ‘‘Terrorist Finance subsequently engaged in a series of with their respective legal Tracking Program Representations of the discussions with, among others, responsibilities under European data United States Department of the European Commission and Member protection law. In July 2007, SWIFT Treasury’’ and a related exchange of State representatives on the operation of announced that it had improved the letters between the Treasury Department the TFTP and its conformity with EU transparency of its contractual and the EU. Each of these documents is data privacy laws. That dialogue documentation relating to the included as an appendix to this notice. culminated on June 28, 2007, in the processing of financial messaging data ‘‘Terrorist Finance Tracking Program SUPPLEMENTARY INFORMATION: The in the context of data protection Representations of the United States requirements and that it had joined the Treasury Department initiated the TFTP Department of the Treasury’’ and a shortly after the September 11, 2001 Safe Harbor program, which establishes related exchange of letters between the a framework developed with the attacks as part of an effort to employ all Treasury Department and the EU. For available means to track terrorists and European Commission on how U.S. the convenience of the user, each of the organizations can provide ‘‘adequate their networks. Under the TFTP, the documents is being included as an Treasury Department’s Office of Foreign protection’’ for personal data from appendix to this notice. Europe. Assets Control (OFAC) periodically The Representations describe, among issues administrative subpoenas for other things: (1) OFAC’s legal authority (Authority: E.O. 13224, 66 FR 49079, 3 CFR, terrorist-related data to the U.S. to obtain and use the SWIFT data; (2) 2002 Comp., p. 786) operations center of the Society for the controls and safeguards that govern Dated: September 26, 2007. Worldwide Interbank Financial the handling, use, and dissemination of Adam J. Szubin, Telecommunication (SWIFT), a the data; (3) the multiple Director, Office of Foreign Assets Control. Belgium-based cooperative that operates complementary layers of independent BILLING CODE 4811–42–P a worldwide messaging system used to oversight of the TFTP; and (4) the U.S. transmit financial transaction Government’s commitment to ongoing Appendix 1—Terrorist Finance information. These subpoenas require counterterrorism cooperation with the Tracking Program Representations of SWIFT to provide the Treasury EU. the U.S. Department of the Treasury Department with specified financial The appended letter from the Appendix 2—Letter from U.S. transaction records maintained by Treasury Department presents the Department of the Treasury Regarding SWIFT’s U.S. operations center in the Representations to the German Finance the Terrorist Finance Tracking Program ordinary course of its business. Minister, whose country then held the After public media disclosure of the rotating EU Presidency, and to the Vice Appendix 3—Reply from European TFTP in June 2006, concerns were President of the European Commission Union to U.S. Department of the raised in the European Union (EU) responsible for Justice, Freedom and Treasury Regarding the Terrorist about the TFTP and, in particular, the Security, whose duties encompass Finance Tracking Program

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Appendix 1

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Appendix 2

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Appendix 3

[FR Doc. 07–5212 Filed 10–22–07; 8:45 am] BILLING CODE 4811–42–C

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Guajo´n (Eleutherodactylus cooki); Final Rule

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DEPARTMENT OF THE INTERIOR Summary of Comments and biological features essential to the Recommendations conservation of the species. Fish and Wildlife Service 2. Comment: One peer reviewer We requested written comments from indicated that the drainages that are the public on the proposed designation 50 CFR Part 17 proposed for designation as critical of critical habitat for the guajo´n in the habitat may be impacted by erosion and proposed rule published on October 5, RIN 1018–AU46 sedimentation from nearby agricultural 2006 (71 FR 58953) and in our June 19, Endangered and Threatened Wildlife activities. 2007, notice (72 FR 33715). We also Our Response: Consistent with the and Plants; Designation of Critical contacted appropriate Federal, primary constituent elements (PCEs) we Habitat for the Guajo´ n Commonwealth, and local agencies; have identified for this species and to (Eleutherodactylus cooki) scientific organizations; and other afford protection to its foraging habitat, interested parties and invited them to AGENCY: Fish and Wildlife Service, we have included within the critical comment on the proposed rule. Interior. habitat designation a foraging area of 99 During the comment period that ACTION: Final rule. feet (ft) (30 meters (m)) extending opened on October 5, 2006, and closed laterally from each bank of creeks and SUMMARY: We, the U.S. Fish and on December 4, 2006, we received four drainages. We believe that this vegetated Wildlife Service (Service), are letters commenting on the proposed foraging ‘‘corridor’’ will also act as a designating critical habitat (CH) for the critical habitat designation; three from buffer zone between the edge of the guajo´n (Eleutherodactylus cooki) under peer reviewers and one from an streambeds of the proposed critical the Endangered Species Act of 1973, as organization. During the comment habitat units and the potential farming amended (Act). In total, approximately period that opened on June 19, 2007, activities. 260.6 acres (ac) (105.6 hectares (ha)) fall and closed on July 19, 2007, we did not 3. Comment: One peer reviewer stated within the boundaries of the CH receive any comments directly that the buffer zone should be larger designation. The critical habitat is addressing the initial proposed critical than 99 ft (30 m) (several publications located within the municipalities of habitat designation, the DEA, or the state 164 ft (50 m) as a minimum for Humacao, Juncos, Las Piedras, additional proposed critical habitat amphibians) and that protection should Maunabo, Patillas, San Lorenzo, and units. Comments received from peer be extended beyond the river basin. Yabucoa, Puerto Rico. reviewers and the organization are Our Response: Rather than using a addressed in the following summary general amphibian buffer of 164 ft (50 DATES: This rule becomes effective on and incorporated into the final rule as m), we have included a foraging area November 23, 2007. appropriate. We did not receive any along creeks and drainages as a result of FOR FURTHER INFORMATION CONTACT: requests for a public hearing. the personal observations of Vega- Jorge Saliva, Boquero´n Field Office, U.S. Peer Review Castillo that the foraging habitat of the Fish and Wildlife Service, P.O. Box 491, guajo´n, specifically, may extend outside Boquero´n, Puerto Rico 00622 (telephone In accordance with our policy the streambed in vegetated areas as far 787–851–7297, ext. 224 or facsimile published on July 1, 1994 (59 FR as 99 ft (30 m) from the water source 787–851–7440). Persons who use a 34270), we solicited expert opinions (Vega-Castillo, pers. obs., 2001). telecommunications device for the deaf from eight knowledgeable individuals We have designated habitat sufficient (TDD) may call the Federal Information with scientific expertise that included for the conservation of the species. We Relay Service (FIRS) at 800–877–8339. familiarity with the species, the recognize that this critical habitat SUPPLEMENTARY INFORMATION: geographic region in which the species designation does not include all of the occurs, or conservation biology areas that are occupied by the guajo´n Background principles, and two formal requests for throughout the species’ range. This is It is our intent to discuss only those peer review to the Puerto Rico consistent with the Act’s provision that topics directly relevant to the Department of Natural and except in circumstances determined by designation of critical habitat in this Environmental Resources and the U.S. the Secretary, critical habitat shall not rule. For additional information on the Forest Service. We received responses include the entire geographical area guajo´n, please refer to the proposed rule from three peer reviewers. which can be occupied by the listed to designate critical habitat published in We reviewed all comments received species. However, critical habitat the Federal Register on October 5, 2006 from the peer reviewers and the public designations do not imply that habitat (71 FR 58953) and the final listing for substantive issues and new outside the designation is unimportant. determination published on June 11, information regarding critical habitat for 1997 (62 FR 31757). guajo´n and addressed them in the Comments Related to Habitat following summary. 4. Comment: One commenter stated Previous Federal Actions the following concern: The Service For more information on previous Peer Reviewer Comments asserts that the total habitat occupied by Federal actions concerning the guajo´n, 1. Comment: One peer reviewer the guajo´n covers 69,000 acres (ac) refer to the proposed rule to designate questioned why the proposed critical (27,923 hectares (ha)), but then claims critical habitat published on October 5, habitat designation did not include only 217 ac (88 ha) are necessary for the 2006 (71 FR 58953). On June 19, 2007, some sites that were occupied by the guajo´n’s conservation. The commenter we announced the availability of our guajo´n at the time of listing. wanted to know where and how the draft economic analysis (DEA), Our Response: The proposed rule did Service obtained the figure of 69,000 ac reopened the public comment period on not include nine sites where the guajo´n (27,923 ha), and what the figure actually the proposed rule, and proposed five was reported to be present at the time means. The commenter also wanted to additional units for designation as the species was listed as threatened in know how much land the guajo´n critical habitat (72 FR 33715). The 1997 (62 FR 31757). Currently, guajo´n actually occupies according to Service public comment period ended on July are not found at these sites and the sites estimates, the best available science, 19, 2007. no longer contain the physical and and how much land consists of suitable,

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unoccupied habitat. The commenter habitat fragmentation by facilitating Our Response: Critical habitat is states that the proposed rule did not dispersal of individuals between defined in section 3 of the Act as: (i) The explain why unoccupied areas or areas substantive patches of remaining specific areas within the geographical for dispersal were omitted from critical habitat. area occupied by a species, at the time habitat designation. Our Response: The literature suggests it is listed in accordance with the Act, Our Response: We originally that corridors and connectivity between on which are found those physical or estimated the species’ range to be 69,000 habitat areas are important for biological features (I) essential to the ac (27,923 ha) based on tributaries or movement and dispersal of the species. conservation of the species and (II) that water bodies within the range of the However, we have no information that may require special management guajo´n that may be occupied by the this species actually uses corridors, and considerations or protection; and (ii) species. However, to be included in a without information on corridor use and specific areas outside the geographical critical habitat designation, the habitat habitat characteristics of corridors we area occupied by a species at the time within the area occupied by the species cannot determine that these areas have it is listed, upon a determination that at the time of listing must contain the features that are essential to the such areas are essential for the features that are essential to the conservation of the species. We believe conservation of the species. Therefore, if conservation of the species, i.e., the we have designated habitat sufficient for special management considerations or PCEs that are identified in the the conservation of this species. protection of the PCEs is not needed, the discussion below. Although 69,000 ac However, this critical habitat area does not meet the definitional (27,923 ha) constitute the potential designation does not imply that habitat requirements for habitat occupied at the range of the species, habitat for the outside the designation is unimportant. time of listing. Unoccupied habitat must guajo´n that meets the criterion of be found to be essential for the containing the PCEs is substantially Comment Related to Economics conservation of the species. The Act less. Currently, we do not know how 7. Comment: One commenter does not apply a special management ´ much of this range the guajon occupies indicated that the general statement in standard for unoccupied habitat. Unless or how much of its range is suitable the proposed rule that critical habitat such unoccupied habitat is determined habitat; there have been no has significant costs ignores the to be essential for the conservation of comprehensive surveys to determine all economic and social benefits of critical the species, those areas do not meet the areas where the species is found or all habitat designation; these benefits must definition of critical habitat. 9. Comment: One commenter stated areas where suitable habitat occurs. be considered in any economic analysis Based on the best scientific information that it would make more sense for the of the critical habitat designation, and available, we believe we have Service to promote the designation of should be weighed in any determination designated habitat sufficient for the critical habitat instead of actively to exclude specific areas from the conservation of this species. See also criticizing and avoiding it. The critical habitat designation. our response to Comment 3. commenter provides information from 5. Comment: One commenter stated Our Response: The published Taylor et al. (2005), who state that that it is imperative that all recently economics literature has documented species with critical habitat designated occupied sites are included in the that social welfare benefits can result two or more years are less likely to be critical habitat designation and from the conservation and recovery of declining and twice as likely to be suggested six sites to be added into the endangered and threatened species. In recovering that species without it. critical habitat designation. its guidance for implementing Executive Our Response: We agree that the Our Response: Each of the six sites Order 12866, the Office of Management designation of critical habitat can serve recommended for designation by this and Budget (OMB) acknowledges that it positive purposes for the conservation commenter was visited by Service staff may not be feasible to monetize, or even of listed species. However, we also to verify the presence of the guajo´n and quantify, the benefits of environmental believe it is only one tool for managing the PCEs. Of the six sites recommended, regulations due to either an absence of and conserving listed species and their four sites contained at least one PCE and defensible, relevant studies or a lack of habitat. In addition to the designation of guajo´n were present. These sites were resources on the implementing agency’s critical habitat, we have found in some known to have been occupied by guajo´n part to conduct new research. Rather cases that other conservation prior to listing (Drewry 1986; Moreno than rely on economic measures, the mechanisms, including the recovery 1991; Joglar 1992; Joglar et al. 1996) and Service believes that the direct benefits planning process, section 6 funding to were added as proposed critical habitat of the proposed rule are best expressed States, section 7 consultations, units (Unit 13, Unit 14, Unit 15, and in biological terms that can be weighed management plans, Safe Harbor Unit 17—see Critical Habitat section) in against the expected cost impacts of the agreements, and other on-the-ground our June 2007 notice. One site was not designation of critical habitat in a strategies, also contribute to species’ included because it did not contain any section 4(b)(2) exclusion analysis. conservation. We will continue to work PCEs and the species was not present at General Comments with local partner organizations to that site, and therefore did not satisfy develop means for voluntary the statutory definition of occupied 8. Comment: One commenter stated conservation of habitats for listed critical habitat. The remaining site was that, although it does not impact the species. We believe these other determined to be the same as the guajo´n proposed rule, the Service conservation measures often provide Emajagua Unit which was already continues to make the conclusion that incentives to, and in many cases they included in the proposed rule as Unit 4. even occupied areas are not critical may be more cost-effective, promote Units 13–17 are included in this final habitat if ‘‘existing management [of the positive working relationships and designation. area] is sufficient to conserve the partnerships with landowners and species.’’ If occupied or unoccupied stakeholders who implement active Comment Related to Corridors land contains features ‘‘essential to the conservation measures that can thereby 6. Comment: One commenter stated conservation of the species,’’ then it is provide greater conservation benefits that corridors may help reduce or critical habitat regardless of any than are provided by the designation of moderate some of the adverse effects of ‘‘existing management.’’ critical habitat designation alone. These

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are factors that are appropriate for Our Response: Of the three sites Critical Habitat consideration in a section (4)(b)(2) recommended by DNER, only one was Critical habitat is defined in section 3 exclusion analysis. located and verified. Attempts to of the Act as: 10. Comment: One commenter stated identify the actual location of the other (1) The specific areas within the that he finds it disingenuous that the two sites were unsuccessful. The one geographical area occupied by a species, Service continues to claim that critical site that could be located is in the at the time it is listed in accordance habitat does not provide additional municipality of Juncos and within the with the Act, on which are found those protection or benefits for endangered geographical area generally occupied by physical or biological features and threatened species, especially in the species at the time of listing; (a) Essential to the conservation of the light of courts ruling that the Service’s however, we were unable to determine species and position on critical habitat violate whether this specific locality was (b) Which may require special congressional intent and the plain actually occupied at the time of listing. management considerations or language of the ESA. The site is currently occupied by the protection; and Our Response: The section entitled species and contains PCEs needed to (2) Specific areas outside the ‘‘The Role of Critical Habitat in Actual support life history functions of the geographical area occupied by a species Practice of Administering and species, such as foraging areas; shelter; at the time it is listed, upon a Implementing the Act’’ in the proposed sites for breeding; and habitats that are determination that such areas are rule has not been included in this final protected from disturbance. We have essential for the conservation of the rule. We recognize that some benefits to determined that this site is essential to species. species occur as a result of critical the conservation of the species because Conservation, as defined under habitat designations as stated in the of the representation, redundancy, and section 3 of the Act, means the use of response to the previous comment. resiliency provided by the species at all methods and procedures that are Federal activities outside of designated this site in relation to the species as a necessary to bring any endangered critical habitat areas are subject to whole. Further, it contains the PCEs species or threatened species to the review under section 7 of the Act if needed to support life history functions point at which the measures provided those activities may adversely affect the of the species, such as foraging areas; under the Act are no longer necessary. listed species or the PCEs contained shelter; sites for breeding; and habitats Critical habitat receives protection within the critical habitat designation. that are protected from disturbance. under section 7 of the Act through the The Ninth Circuit Court’s decision in This site was proposed as Unit 16 in our prohibition against Federal agencies Gifford Pinchot Task Force v. United June 19, 2007, notice (72 FR 33715), and carrying out, funding, or authorizing the States Fish and Wildlife Service, 378 is included in this final designation as destruction or adverse modification of F.3d 1059 (9th Cir 2004) (hereinafter Unit 16. critical habitat. Section 7 of the Act Gifford Pinchot) requires consideration requires consultation on Federal actions of the recovery of species. Thus, through Summary of Changes From Proposed that may affect critical habitat. The our implementation of section 7 of the Rule designation of critical habitat does not Act with respect to agency actions affect land ownership or establish a affecting critical habitat, such In preparing this final critical habitat refuge, wilderness, reserve, preserve, or ´ designations may provide benefits to the designation for the guajon, we reviewed other conservation area. Such recovery of a species. We have also and considered all comments from the designation does not allow the found that critical habitat designations public on the proposed designation of government or public to access private serve to educate landowners, State and critical habitat published on October 5, lands. Such designation does not local governments, and the public 2006 (71 FR 58953) and our require implementation of restoration, regarding the potential conservation announcement of the availability of the recovery, or enhancement measures by value of the areas designated. DEA and proposal of five additional the landowner Under any units as critical habitat published on circumstances. Where the landowner Comments From the Commonwealth of June 19, 2007 (72 FR 33715). Based on seeks or requests federal agency funding Puerto Rico peer review, public comments, and or authorization that may affect a listed Section 4(i) of the Act states, ‘‘the biological information received during species or critical habitat, the Secretary shall submit to the State the public comment periods, the final consultation requirements of Section 7 agency a written justification for his designation includes the five additional would apply, but even in the event of failure to adopt regulations consistent units: El Cielito, Verraco, Cueva a destruction or adverse modification with the agency’s comments or Marcela, Ceiba Sur, and Playita (Units finding, the landowner’s obligation is petition.’’ Comments were received 13–17). These five units: (1) Are within not to restore or recover the species, but from the Commonwealth of Puerto Rico the historical range of the species and, to implement reasonable and prudent Department of Natural and with the exception of Ceiba Sur, were alternatives to avoid destruction or Environmental Resources (DNER). occupied at the time of listing, (2) adverse modification of critical habitat. 11. Comment: DNER stated that it was provide elements essential for the long- For inclusion in a critical habitat important to include corridors between term persistence of guajo´n populations designation, habitat within the all known localities for the conservation (e.g., caves or large plutonic, granitic, or geographical area occupied by the of this species and recommended that sedimentary boulders that form crevices species at the time it was listed must the identification of critical habitat and grottoes, forested streambeds where contain features that are essential to the include a landscape analysis to identify guajo´n may forage, and high humidity) conservation of the species. Critical areas that maintain the connectivity or, in the case of Ceiba Sur, the area has habitat designations identify, to the among different subpopulations. been determined to be essential to the extent known using the best scientific Our Response: Please refer to our conservation of the species, and (3) are data available, habitat areas that provide response to Comment 6. currently occupied. These are the same essential life cycle needs of the species 12. Comment: DNER proposed adding five additional units that were proposed (areas on which are found the primary three new localities to the critical in the June 19, 2007, revision to the constituent elements, as defined at 50 habitat designation. proposal (72 FR 33715). CFR 424.12(b)).

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Occupied habitat that contains the are also subject to the regulatory ferns, bromeliads, and orchids are features essential to the conservation of protections afforded by the section common, the forests are relatively rich the species meets the definition of 7(a)(2) jeopardy standard, as determined in plant species, and the growth rates of critical habitat only if those features on the basis of the best available successional trees are rapid. This type of may require special management scientific information at the time of the forest contains more than 150 species of considerations or protection. agency action. Federally funded or trees that form a dark, complete canopy Under the Act, we can designate permitted projects affecting listed at about 65.6 ft (20 m). unoccupied areas as critical habitat only species outside their designated critical The guajo´n is found at low and when we determine that the best habitat areas may still result in jeopardy intermediate elevations up to 1,312.3 ft available scientific data demonstrate findings in some cases. Similarly, (400 m) above sea level (Burrowes 1997, that the designation of that area is critical habitat designations made on the p. 52; Burrowes et al. 2004, p. 145; essential to the conservation needs of basis of the best available information at Rivero 1998, p. 13), where it inhabits the species. the time of designation will not control caves formed by large boulders of Section 4 of the Act requires that we the direction and substance of future granite rock, and in associated streams designate critical habitat on the basis of recovery plans, habitat conservation with patches of rock without cave the best scientific and commercial data plans (HCPs), or other species systems (Burrowes and Joglar 1999, p. available. Further, our Policy on conservation planning efforts as any 706; Vega-Castillo 2000, p. 35; C. Ruiz- Information Standards Under the new information available to these Lebro´n, pers. comm., 2006). Caves are Endangered Species Act (published in planning efforts calls for a different dark inside, although some light enters the Federal Register on July 1, 1994 (59 outcome. through gaps formed from the union of FR 34271)), the Information Quality Act Primary Constituent Elements two or more boulders. Structurally, the (section 515 of the Treasury and General caves are complex, having several Government Appropriations Act for In accordance with section 3(5)(A)(i) chambers of irregular shape and size, Fiscal Year 2001 (Pub. L. 106–554; H.R. of the Act and the regulations at 50 CFR and may be at different depths between 5658)), and our associated Information 424.12, in determining which areas the surface of the ground and stream Quality Guidelines, provide criteria, occupied at the time of listing to (Burrowes 2000, p. 376). The ecological establish procedures, and provide propose as critical habitat, we consider conditions of the caves are relatively guidance to ensure that our decisions the primary constituent elements (PCEs) uniform: Mean temperature and relative are based on the best scientific data to be those physical and biological humidity are the same at any given available. They require our biologists, to features that are essential to the month of the year, and they do not have the extent consistent with the Act and conservation of the species and that may thermal stratification (Rogowitz et al. with the use of the best scientific data require special management 1999, p. 179; Rogowitz et al. 2001, pp. available, to use primary and original considerations or protection. These 542, 545; Burrowes 1997, p. 74). sources of information as the basis for include, but are not limited to: Vega-Castillo (2000, pp. 36, 40) recommendations to designate critical (1) Space for individual and reported that in streams, the guajo´n has habitat. population growth and for normal been found only in patches of rock in When we are determining which areas behavior; should be proposed as critical habitat, (2) Food, water, air, light, minerals, or the streambed. The streams can be our primary source of information is other nutritional or physiological perennial, or ephemeral formed during generally the information developed requirements; heavy rain, and are surrounded by during the listing process for the (3) Cover or shelter; secondary forest. Rocks in the species. Additional information sources (4) Sites for breeding, reproduction, or streambed form crevices and grottoes. may include the recovery plan for the rearing (or development) of offspring; Streams provide a wide variety of retreat species, articles in peer-reviewed and sites for the species, such as vegetation journals, conservation plans developed (5) Habitats that are protected from over rocks (e.g., moss, ferns, and by States and counties, scientific status disturbance or are representative of the liverworts) that help conserve humidity. surveys and studies, biological historic, geographical, and ecological Temperature and relative humidity at assessments, or other unpublished distributions of a species. streams vary with the months of the materials and expert opinion or The distribution of the guajo´n is year. The foraging habitat of the guajo´n personal knowledge. associated with the granitic and may extend outside the streambed in Habitat is often dynamic, and species plutonic rocks found in the Cuchilla de vegetated areas as far as 66 to 99 ft (20 may move from one area to another over Panduras mountain range in to 30 m) from the water source (Vega- time. Furthermore, we recognize that southeastern Puerto Rico. The habitat of Castillo, pers. obs., 2001). In rocky, designation of critical habitat may not the guajo´n lies within several life zones stream habitat, animals exit their retreat include all of the habitat areas that we as described by Ewel and Whitmore site at dusk to forage actively over rocks may eventually determine, based on (1973, pp. 20–49). The variables used to and vegetation. scientific data not now available to the delineate any given life zone are mean Based on the above needs and our Service, are necessary for the recovery annual precipitation and mean annual current knowledge of the life history, of the species. For these reasons, a temperature. The two predominant life biology, and ecology of the species and critical habitat designation does not zones found within guajo´n habitat are the requirements to sustain the essential signal that habitat outside the Subtropical Moist and Subtropical Wet life history functions of the species, we designated area is unimportant or may forests. Trees up to 65.6 ft (20 m) tall, have determined that PCEs for the not be required for recovery of the with rounded crowns, characterize the guajo´n are: species. Subtropical Moist Forest life zone. (1) Subtropical forest (which may Areas that support populations, but Many of the woody species are include trees such as Cecropia are outside the critical habitat deciduous during the dry season. The schreberiana, Dendropanax arboreus, designation, will continue to be subject abundant moisture of the Subtropical Guarea guidonia, Piper aduncum, to conservation actions we implement Wet Forest life zone is evident in the Spathodea campanulata, Syzygium under section 7(a)(1) of the Act. They character of its vegetation. Epiphytic jambos, and Thespesia populnea) at

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elevations from 118 to 1,183 ft (36 to Criteria Used To Identify Critical During the public comment period on 361 m) above sea level. Habitat the proposal from October 6, 2006 to (2) Plutonic, granitic, or sedimentary December 4, 2006, we received two rocks/boulders that form caves, crevices, As required by section 4(b) of the Act, comments recommending that a total of and grottoes (interstitial spaces) in a we used the best scientific data nine additional sites be included as streambed; and that are in proximity, or available in identifying the areas that critical habitat. Each of the nine sites connected, to a permanent, ephemeral, contain the physical and biological was analyzed using the methods or subterranean clear-water stream or features essential to the conservation of previously described. Five of these sites water source. The interstitial spaces the guajo´n (see Primary Constituent were proposed for designation in the between or underneath rocks provide Elements section) and other areas that June 19, 2007, revision to the proposal microenvironments characterized by are essential to the conservation of this (72 FR 33715), and are included in this generally higher humidity and cooler species. We have also reviewed critical habitat designation. Of the other temperatures than outside the rock available information that pertains to four sites, one was not included because formations. the habitat requirements of this species. it did not contain at least one PCE and (3) Vegetation-covered rocks (the This information included peer- the species was not present, one site vegetation typically includes moss, reviewed scientific publications; was determined to be the same as the ferns, and hepatics such as Thuidium unpublished reports from state and Emajagua Unit described in the October urceolatum, Taxilejeunea sulphurea, federal resource agencies and 5, 2006, proposed rule (71 FR 58953), and Huokeria acutifolia) extending universities; field surveys and reports; and two sites could not be found laterally to a maximum of 99 ft (30 m) information and maps from Puerto Rico following the directions provided in the from each bank of the stream; these Department of Natural and comment. Thus, the designation rocks provide cover and foraging sites Environmental Resources, the Puerto includes 17 units that encompass and help conserve humidity. Rico Planning Board, Puerto Rico approximately 260.6 ac (105.6) ha We designate units based on sufficient Conservation Trust (PRCT), and U.S. within the municipalities of Humacao, PCEs being present to support at least Geological Survey topographic maps Juncos, Las Piedras, Maunabo, Patillas, one of the species’ life history functions. (scale 1:20,000); recent aerial photos; San Lorenzo, and Yabucoa. Some units contain all of these PCEs unpublished data and observations Boundaries for each unit were and support multiple life processes, collected by Service biologists during determined based on known guajo´n while some units contain only a portion recent field surveys; forest management sightings, topographical features known of these PCEs, those necessary to plans from local agencies; the species’ to be needed by the species, the range support the species’ particular use of recovery plan; information received of elevations used by the species, and that habitat. from local biologists and researchers visual inspection of the units. This Special Management Considerations or who have worked with the species and habitat includes streams with patches of Protection its habitat; and information gathered rocks and associated riparian vegetation during site visits to currently occupied that provides foraging habitat for the When designating critical habitat, we sites. All information was used to guajo´n. We have included a foraging assess whether the occupied areas determine the guajo´n’s currently area of 99 ft (30 m) extending laterally contain features that are essential to the occupied range and habitat features form each bank of creeks and drainages, conservation of the species and that may needed to support the necessary as a result of the personal observations require special management biological functions of the species. of Vega-Castillo that the foraging habitat considerations or protections. As of the guajo´n may extend outside the discussed in more detail in the An area was considered for designation if it either (1) possessed one streambed in vegetated areas as far as 99 proposed critical habitat designation ft (30 m) from the water source (Vega- (October 5, 2006; 71 FR 58953) and in or more of the PCEs and was occupied by the guajo´n at the time of listing; or Castillo, pers. obs., 2001). the unit descriptions below, we find In summary, we are not designating (2) is currently occupied by the guajo´n that the units we are designating have any areas outside the geographical area and has been determined to be essential features that may require special presently occupied by the species management considerations or to the conservation of the species, based because none were found to be essential protection due to threats to the primary on its ability to support life history to the conservation of the species, constituent elements from road functions and population level however, we are designating three small ´ construction, agriculture, development, functions for the guajon, as well as the units that were not known to have been and fishing with chemicals. All the need to protect known/existing occupied at the time of listing, but are designated units are adjacent to populations. currently occupied. Units 1, 2, 4, 5, 6, agricultural lands, roads, trails, homes, We selected areas of habitat known to 7, 8, 9, and 10, 13, 14, 15, and 17 or other manmade structures. Special be currently occupied by the species, constitute our best determination of management considerations and based on field reports from the Puerto areas that contain the physical and protection required include protection Rico DNER and the Conservation Trust biological features essential for the of the guajo´n and its habitat from threats of Puerto Rico, field visits from Service conservation of the guajo´n, while Units posed by deforestation and earth personnel, information from species 3, 11, 12, and 16 provide habitat we movement near streams for road guajo´n data cited in the scientific have determined is essential to the construction, agricultural, urban, and literature. Field reconnaissance was conservation of the species. A brief rural development. These threats may done in all areas for verification of discussion of each critical habitat unit is result in changes in the composition presence/absence. Presence of the provided below. and abundance of vegetation in and guajo´n was documented by listening for When determining critical habitat around guajo´n habitat, and degradation the distinctive call of the males. Based boundaries, we made every effort to of water quality from illegal garbage on this review and visual inspection of avoid including within the boundaries dumping, disposal of untreated sewage, sites where the guajo´n was found, we of the map contained within this rule and agricultural practices (e.g., use of identified 12 units that contain one or developed areas such as buildings or herbicides, fertilizers, or insecticides). more of the PCEs. houses, paved areas, and other

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structures that lack PCEs for the guajo´n. Federal actions involving these concerning the essential nature of these The scale of the maps prepared under excluded areas would not trigger section areas is contained in our supporting the parameters for publication within 7 consultation with respect to critical record for this rulemaking. the Code of Federal Regulations may not habitat and the requirement of no Critical Habitat Designation reflect the exclusion of such developed adverse modification unless the specific areas. Any such structures and the land action would affect the primary We are designating 17 units as critical constituent elements in the adjacent under them inadvertently left inside habitat for the guajo´n. The critical critical habitat boundaries shown on the critical habitat. A brief discussion of each area habitat units described below (see Table maps of this final rule were excluded in designated as critical habitat is provided 1) constitute our best assessment of the text of the proposed rule and are in the unit descriptions below. areas that currently meet the definition excluded in this final rule. Therefore, Additional detailed documentation of critical habitat for the guajo´n.

TABLE 1.—GUAJO´ N CRITICAL HABITAT UNITS: OCCUPANCY BY TIME PERIOD (AT THE TIME OF LISTING AND CURRENTLY); AREA OF EACH UNIT; AND OWNERSHIP.

Occupied at time Unit of listing Occupied currently Acres (hectares) Ownership

(1) Mariana ...... X X 23.6 (9.6) Private. (2) Montones ...... X X 31.1 (12.6) Private. (3) Tejas ...... X 5.2 (2.1) Private. (4) Emajagua ...... X X 33.0 (13.4) Private. (5) Jacaboa ...... X X 10.3 (4.2) Private. (6) Calabazas ...... X X 13.8 (5.6) Private. (7) Guayane´s ...... X X 7.9 (3.2) Private. (8) Panduras ...... X X 28.6 (11.6) Private. (9) Talante ...... X X 23.5 (9.5) Private. (10) Guayabota ...... X X 13.1 (5.3) Private. (11) Guayabito ...... X 17.3 (7.0) Private. (12) Guayabo ...... X 9.8 (3.9) Private. (13) El Cielito ...... X X 7.84 (3.17) Private. (14) Verraco ...... X X 8.9 (3.6) Private. (15) Cueva Marcela ...... X X 7.47 (3.02) Private. (16) Ceiba Sur ...... X 13.92 (5.63) Private. (17) Playita ...... X X 5.27 (2.13) Private.

Total ...... 260.6 (105.6)

Below we present brief descriptions of and pollution of streams caused by guajo´n habitat (PCE 1 and 3), all units, and reasons why they meet the human refuse (PCE 2). degradation of water quality due to definition of critical habitat for guajo´n. agricultural practices (e.g., use of Unit 2: Montones Unit herbicides, fertilizers, or insecticides), Unit 1: Mariana Unit Unit 2 consists of approximately 31.1 and pollution of streams caused by Unit 1 consists of approximately 23.6 ac (12.6 ha) in Montones Ward, Las human refuse (PCE 2). ac (9.6 ha) located south of Road PR– Piedras. It contains 6,941.7 ft (2,115.8 909, west of Road PR–3, and north of m) of the headwaters of the Valenciano Unit 3: Tejas Unit Quebrada Catno within Mariana Ward, River in the vicinity of PR 917 Km 9.7, Unit 3 consists of approximately 5.2 Humacao. Unit 1 contains 5,412.8 ft and a guajo´n foraging area of 99 ft (30 ac (2.1 ha) located between Road PR– (1,649.8 m) of an unnamed, rocky m) on each side of the river. This unit 905 to the east, Road PR–908 to the stream with abundant water, a guajo´n was occupied at the time of listing (F. west, Road PR–9921 to the north, and foraging area extending laterally 99 ft Bird-Pico´, DNER database, 1996). Road PR–9904 to the south within Tejas (30 m) from each bank of the stream, Although some sections of this unit do Ward, Las Piedras. It contains 1,312 ft and secondary forest on all sides of the not contain PCE 1, all other PCEs are (400 m) of an unnamed tributary of the stream. This unit was occupied at the found within this unit (a rocky stream Rı´o Humacao, and a guajo´n foraging time of listing (J. Sustache, DNER with abundant water surrounded by area of 99 ft (30 m) on each side of the database, 1996). Every PCE is found secondary forest, and a rocky creek tributary. Every PCE is found within within this unit, and presence of the surrounded by vines, herbaceous this unit (the area contains a rocky creek species and PCEs at this site was vegetation, shrubs, and trees). In some surrounded by vines, herbaceous confirmed by the Service in March areas of the creek, the water disappears vegetation, shrubs, and trees), and this 2006. Threats that may require special underground and reappears at various was confirmed by the Service in March management considerations, due to the intervals. The presence of the species 2006. The Service has not determined proximity of Unit 1 to urbanized areas and PCEs at this site was confirmed by whether Unit 3 was occupied at the time and infrastructure (e.g., major roads), the Service in March 2006. Threats that of listing, but we have determined that include changes in the composition and may require special management it is essential to the conservation of the abundance of vegetation surrounding considerations, due to the proximity of guajo´n. The guajo´n was listed under the guajo´n habitat (PCEs 1 and 3), Unit 2 to urbanized areas and Act primarily due to its highly restricted degradation of water quality due to infrastructure (e.g., roads), include geographical distribution and its agricultural practices (e.g., use of changes in the composition and specialized habitat requirements (Joglar herbicides, fertilizers, or insecticides), abundance of vegetation surrounding 1998, p. 73). Thus, protection of all

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existing populations of the guajo´n is including some bamboo stands). The guajo´n habitat (PCEs 1 and 3), important to the conservation of the presence of the species and PCEs at this degradation of water quality due to species. The habitat of this species is site was confirmed by the Service in agricultural practices (e.g., use of naturally fragmented, and the majority April 2006. Threats that may require herbicides, fertilizers, or insecticides), of the known populations are found on special management considerations, due and pollution of streams caused by private land where increased levels of to the proximity of Unit 5 to urbanized human refuse (PCE 2). land development in southeastern areas and infrastructure (e.g., roads), Unit 8: Panduras Unit Puerto Rico are occurring and threaten include changes in the composition and to further reduce and fragment the abundance of vegetation surrounding Unit 8 consists of approximately 28.6 species’ habitat, distribution, and guajo´n habitat (PCEs 1 and 3), ac (11.6 ha) to the northwest and survival (Joglar 1998, p. 73). Being a degradation of water quality due to southeast of Road PR–3 within habitat specialist, the guajo´n is adapted agricultural practices (e.g., use of Calabazas Ward, Yabucoa. It contains to particular environmental conditions, herbicides, fertilizers, or insecticides) 2,314.1 ft (705.6 m) of an unnamed and abrupt changes in these conditions and pollution of streams caused by drainage, a guajo´n foraging area of 99 ft could result in population declines. human refuse (PCE 2). (30 m) on each side of the drainage, and Additionally, fragmenting habitat 18.2 ac (7.4 ha) of lands owned by the Unit 6: Calabazas Unit through human intrusions, such as PRCT near the top of Cerro La Pandura. roads, makes populations less resilient Unit 6 consists of approximately 13.8 This unit was occupied at the time of to natural population declines ac (5.6 ha) located northeast of road PR– listing (J. Rivero 1998, DNER database, (Pechman et al. 1991, p. 895). In light 900, between Quebrada Guayabo to the 1978). Every PCE is found within this of the foregoing and because it is south and Rı´o Guayane´s to the north, unit (it contains a rocky area with currently occupied by the species and within Calabazas Ward, Yabucoa. The medium and large granite boulders, a contains sufficient PCEs to support the unit contains a 3,198 ft (975 m) stretch drainage with closed-canopy forest over life functions of the species, we have of a rocky creek surrounded by vines, the drainage, and closed, mature forest determined that Unit 3 is essential to herbaceous vegetation, shrubs, and along the edges). The presence of the the conservation of the species. trees, and a guajo´n foraging area of 99 species and PCEs at this site was ft (30 m) on each side of the drainage. confirmed by the Service in March Unit 4: Emajagua Unit This unit was occupied at the time of 2006. Threats that may require special Unit 4 consists of approximately 33.0 listing (J. Montero, DNER database, management considerations, due to the ac (13.4 ha) between Quebrada Arenas 1988). Every PCE is found within this proximity of Unit 8 to urbanized areas and Quebrada Emajagua, north of Road unit, and presence of the species and and infrastructure (e.g., roads), include PR–901 (on the periphery of an PCEs at this site was confirmed by the changes in the composition and underground tunnel under Service in March 2006. Threats that may abundance of vegetation surrounding construction), within Emajagua Ward, require special management guajo´n habitat (PCEs 1 and 3) and Maunabo. It contains three connected, considerations, due to the proximity of pollution of streams caused by human unnamed streams/drainages totaling Unit 6 to urbanized areas and refuse (PCE 2). This area does not about 7,400 ft (2,256 m), and a guajo´n infrastructure (e.g., roads), include currently have a management plan foraging area of 99 ft (30 m) on each side changes in the composition and (Fernando Silva, pers. comm., 2006). of the streams/drainages. This unit was abundance of vegetation surrounding Unit 9: Talante Unit occupied at the time of listing (R. guajo´ habitat (PCEs 1 and 3), Thomas, DNER database, 1965). Every degradation of water quality due to Unit 9 consists of approximately 23.5 PCE is found within this unit, and agricultural practices (e.g., use of ac (9.5 ha) east of Road PR–3 within presence of the species and PCEs at this herbicides, fertilizers, or insecticides), Calabazas Ward and Talante Ward, site was confirmed by the Service in and pollution of streams caused by Yabucoa. It contains the headwaters of April 2006. Threats that may require human refuse (PCE 2). the Talante Creek, five unnamed special management considerations, due drainages (totaling about 3,500 ft (1,061 Unit 7: Guayane´s Unit to the proximity of Unit 4 to urbanized m)), and a guajo´n foraging area of 99 ft areas and infrastructure (e.g., major Unit 7 consists of approximately 7.9 (30 m) on each side of the creek and roads), include changes in the ac (3.2 ha) northeast of Road PR–900 drainages. About 2.8 ac (1.1 ha) of Unit composition and abundance of between Quebrada Guayabo to the south 9 are within Calabazas Ward, and the vegetation surrounding guajo´n habitat and Rı´o Guayane´s to the north, and remaining 21.6 ac (8.7 ha) are within (PCEs 1 and 3) and pollution of streams north of Unit 6, within Calabazas Ward, Talante Ward. This unit was occupied at caused by human refuse (PCE 2). Yabucoa. It contains 4,265 ft (1,300 m) the time of listing (J. Rivero 1998, DNER of an unnamed drainage, and a guajo´n database, 1978). Every PCE is found Unit 5: Jacaboa Unit foraging area of 99 ft (30 m) on each side within this unit (it contains drainages Unit 5 consists of approximately 10.3 of the drainage. This unit was occupied with medium and large granite boulders ac (4.2 ha) northwest of road PR–758 at the time of listing (J. Montero, DNER that are surrounded by vines, within Rios Ward, Patillas. It contains database, 1988). Every PCE is found herbaceous vegetation, shrubs, and 2,334.6 ft (711.6 m) of an unnamed within this unit (it contains a rocky trees, and that connect to a small rocky rocky drainage to the Jacaboa River, and creek surrounded by vines, herbaceous creek; some patches contain big rocks a guajo´n foraging area of 99 ft (30 m) on vegetation, shrubs, and trees). The that are completely exposed to the sun each side of the drainage. This unit was presence of the species and PCEs at this or covered with vines). The presence of occupied at the time of listing (R. site was confirmed by the Service in the species and PCEs at this site was Thomas, DNER database, 1965). Every March 2006. Threats that may require confirmed by the Service in April 2006. PCE is found within this unit (it special management considerations, due Threats that may require special contains a rocky creek with small and to the proximity of Unit 7 to urbanized management considerations, due to the large sedimentary rocks and boulders, areas and infrastructure (e.g., roads), proximity of Unit 9 to urbanized areas closed forest canopy over the creek, and include changes in the composition and and infrastructure (e.g., major roads), closed, mature forest along the shores, abundance of vegetation surrounding include changes in the composition and

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abundance of vegetation surrounding The Service has not determined whether Additionally, fragmenting habitat guajo´n habitat (PCEs 1 and 3), Unit 11 was occupied at the time of through human intrusions, such as degradation of water quality due to listing, but we have determined that it roads, makes populations less resilient agricultural practices (e.g., use of is essential to the conservation of the to natural population declines herbicides, fertilizers, or insecticides) guajo´n for several reasons. The boulders (Pechman et al. 1991, p. 895). and pollution of streams caused by and closed canopy provide the essential Unit 13: El Cielito Unit human refuse (PCE 2). habitat for guajo´n reproduction and foraging. The guajo´n was listed Unit 13 consists of approximately Unit 10: Guayabota Unit primarily due to its highly restricted 7.84 ac (3.17 ha), between the municipal Unit 10 consists of approximately geographical distribution and habitat boundary of Yabucoa to the north, PR– 13.1 ac (5.3 ha) northeast of intersection requirements (Joglar 1998, p. 73). The 759 to the south and west, and PR–3 to of roads PR–181 and PR–182, and south habitat of this species is naturally the east, within Talante Ward, of the municipal boundary with San fragmented, and the majority of the Maunabo. It includes 1,778.15 ft (541.98 Lorenzo, within Guayabota Ward, known populations are on private land, m) of a drainage that connects with Yabucoa. It contains a small unnamed where the increased levels of land Quebrada Tumbada, and a guajo´n creek (about 700 ft (212 m)), and a development currently occurring in foraging area extending laterally 99 ft guajo´n foraging area of 99 ft (30 m) on southeastern Puerto Rico threaten to (30 m) from each side of the drainage. each side of the creek. This unit was further reduce and fragment the species’ This unit was occupied at the time of occupied at the time of listing (J. Rivero, habitat, distribution, and survival (Joglar listing (Joglar, pers. comm., 2007). It DNER database, 1980; Burrowes 1997). 1998, p. 73). Being a habitat specialist, consists of a steep, forested drainage Every PCE is found within this unit. The the guajo´n is adapted to particular with large granite boulders forming northwest section of the rocky creek environmental conditions, and abrupt large caves, vegetation-covered rocks, (large and medium granite boulders) is changes in these conditions could result and with high humidity. No surface surrounded by closed canopy over the in population declines. Additionally, running water is present, but humidity creek, with herbaceous vegetation and fragmenting habitat through human is maintained through percolation from some trees along the shore. The intrusions such as roads makes underground water. All PCEs are found southeastern section of the rocky creek populations less resilient to natural within this unit. The presence of the has large and medium sedimentary population declines (Pechman et al. species and PCEs at this site was boulders and is surrounded by semi- 1991, p. 895). confirmed by the Service in February closed canopy over the creek and shores 2007. Threats that may require special that are primarily exposed to the sun, Unit 12: Guayabo Unit management considerations, due to Unit with some areas covered with grass. The Unit 12 consists of approximately 9.8 13 being located on a private farm about presence of the species and PCEs at this ac (3.9 ha) along Quebrada Guayabo, 1.2 mi (2 km) to the west of PR–3, site was confirmed by the Service in along and south of Road PR–900 in include changes in the composition and April 2006. Threats that may require Guayabota Ward, Yabucoa. It contains abundance of vegetation surrounding special management considerations, due 2,247.5 ft (685 m) of the guajo´n habitat (PCEs 1 and 3), to the proximity of this unit to southwesternmost section of Quebrada degradation of water quality due to urbanized areas and infrastructure (e.g., Guayabo, and a guajo´n foraging area of agricultural practices (e.g., use of roads), include changes in the 99 ft (30 m) on each side of the stream. herbicides, fertilizers, or insecticides), composition and abundance of Every PCE is found within this unit and and pollution of streams or vegetation surrounding guajo´n habitat presence of the species and PCEs at this underground aquifers caused by human (PCEs 1 and 3), degradation of water site was confirmed by the Service in and domestic animal refuse (PCE 2). quality due to agricultural practices April 2006. The Service has not Unit 14: Verraco Unit (e.g., use of herbicides, fertilizers, or determined whether Unit 12 was insecticides), and pollution of streams occupied at the time of listing, but we Unit 14 consists of approximately 8.9 caused by human refuse (PCE 2). have determined that it is essential to ac (3.6 ha), between PR–181 to the north the conservation of the guajo´n because and west, Rı´o Grande de Loı´za to the Unit 11: Guayabito Unit it contains the PCEs (a rocky stream east and south, and the municipal Unit 11 consists of approximately surrounded by closed canopy over the boundary of Yabucoa to the south, 17.3 ac (7.0 ha) south of Road PR–900 stream, and closed mature forest along within Espino Ward, San Lorenzo. It and north of the Maunabo boundary, the shores that provide the habitat includes three drainages that connect within Guayabota Ward, Yabucoa. It essential to the guajo´n for food, shelter, with Quebrada Verraco, and a guajo´n contains 1,232.6 ft (4,042 m) of an breeding, foraging, and population foraging area extending laterally 99 ft unnamed drainage and tributary that expansion), and because it is occupied. (30 m) from each side of each drainage. connects to Quebrada Guayabo, and a Due to the species’ limited distribution This unit was occupied at the time of guajo´n foraging area of 99 ft (30 m) on and the specialized habitat it occupies, listing (Burrowes 1997). It is heavily each side of both the drainage and protection of all existing populations of forested and humid, and contains very tributary. This unit was not known to be the guajo´n is extremely important to large granite boulder formations covered occupied at the time of listing. The unit conservation of the species. with vegetation. No surface running is split into a rocky drainage to the west The habitat of this species is naturally water is present, but humidity is (large, clumped, granite boulders), and a fragmented, and remaining habitat is maintained through percolation from rocky creek to the east (large granite threatened by land development which underground water. All PCEs are found boulders). Both are surrounded by can further reduce and fragment the within this unit. The presence of the closed canopy over the drainage and species’ habitat, distribution, and species and PCEs at this site was creek, and closed mature forest along survival (Joglar 1998, p. 73). Being a confirmed by the Service in February the shores. Thus, every PCE is found habitat specialist, the guajo´n is adapted 2007. Threats that may require special within this unit, and presence of the to particular environmental conditions, management considerations, due to Unit species and PCEs at this site was and abrupt changes in these conditions 14 being located in a private farm about confirmed by the Service in April 2006. could result in population declines. 0.9 mi (1.5 km) from Rd 181, include

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changes in the composition and the conservation of the guajo´n because to ensure that actions they fund, abundance of vegetation surrounding it contains the PCEs (the area has high authorize, or carry out are not likely to guajo´n habitat (PCEs 1 and 3), humidity and contains densely forested destroy or adversely modify critical degradation of water quality due to stream banks, large sedimentary rocks, habitat. Decisions by the 5th and 9th agricultural practices (e.g., use of and vegetation-covered rocks) and Circuit Court of Appeals have herbicides, fertilizers, or insecticides) because it is occupied. The guajo´n was invalidated our definition of and pollution of streams/underground listed primarily due to its highly ‘‘destruction or adverse modification’’ aquifers caused by human and domestic restricted geographical distribution and (50 CFR 402.02) (see Gifford Pinchot animal refuse (PCE 2). habitat requirements (Joglar 1998, p. 73). and Sierra Club v. U.S. Fish and Wildlife Service et al., 245 F.3d 434, Unit 15: Cueva Marcela Unit The habitat of this species is naturally fragmented and the majority of the 442F (5th Cir. 2001)), and we do not rely Unit 15 is referred to as Cuevas Dona known populations are on private land on this regulatory definition when Marcela by Burrowes (1997, 2000) and where the increased levels of land analyzing whether an action is likely to Burrowes and Joglar (1999), and consists development currently occurring in destroy or adversely modify critical of approximately 7.4 ac (3.02 ha) southeastern Puerto Rico where the habitat. Under the statutory provisions between PR–181 and Quebrada Verraco species occurs, threatens to further of the Act, we determine destruction or to the north, PR–181 to the west, and reduce and fragment the species habitat, adverse modification on the basis of Rı´o Grande de Loı´za and the municipal distribution, and survival (Joglar 1998, whether, with implementation of the boundary of Yabucoa to the south, p. 73). Being a habitat specialist, the proposed Federal action, the affected within Espino Ward, San Lorenzo. It guajo´n is adapted to particular critical habitat would remain functional includes two drainages that are not environmental conditions, and abrupt (or retain the current ability for the PCEs connected and a guajo´n foraging area changes in these conditions could result to be functionally established) to serve extending laterally 99 ft (30 m) from in population declines. Additionally, its intended conservation role for the each side of both drainages. The north fragmenting habitat through human species. drainage is approximately 4.28 ac (1.73 intrusions such as roads makes If a species is listed or critical habitat ha), and the south drainage is populations less resilient to natural is designated, section 7(a)(2) of the Act approximately 3.2 ac (1.3 ha). This unit population declines (Pechman et al. requires Federal agencies to ensure that was occupied at the time of listing 1991, p. 895). Protection of existing activities they authorize, fund, or carry (Joglar 1996). Both drainages have large, populations of the guajo´n is extremely out are not likely to jeopardize the vegetation-covered granite boulders that important due to its limited distribution continued existence of the species or to create caves within patchy secondary and the specialized habitat it occupies. destroy or adversely modify its critical forest. There is no surface running habitat. If a Federal action may affect a water, but humidity is maintained Unit 17: Playita Unit listed species or its critical habitat, the through puddles and intermittent Unit 17 consists of approximately responsible Federal agency (action streams formed during rainy events. All 5.27 ac (2.13 ha), between PR–900 to the agency) must enter into consultation PCEs are found within this unit. The north and east and the municipal with us. As a result of this consultation, presence of the species and PCEs at this boundary of Maunabo to the south, we document compliance with the site was confirmed by the Service in within Calabazas Ward, Yabucoa. It requirements of section 7(a)(2) through February 2007. Threats that may require includes 1,208.9 ft (368.47 m) of a our issuance of: special management considerations, due forested stream that connect with Rı´o (1) A concurrence letter for Federal to Unit 15 being located on a private Guayabo, and a guajo´n foraging area actions that may affect, but are not farm about 1.2 mi (2 km) from Road 181, extending laterally 99 ft (30 m) on each likely to adversely affect, listed species include changes in the composition and side of the drainage. This unit was or critical habitat; or abundance of vegetation surrounding occupied at the time of listing (Joglar, (2) A biological opinion for Federal ´ guajon habitat (PCEs 1 and 3), pers. comm., 2007). It is sparsely actions that may affect, and are likely to degradation of water quality due to forested and humid, and it contains very adversely affect, listed species or critical agricultural practices (e.g., use of large, vegetation-covered granite habitat. herbicides, fertilizers, or insecticides) boulder formations. All PCEs are found When we issue a biological opinion and pollution of streams or within this unit. The presence of the concluding that a project is likely to underground aquifers caused by human species and PCEs at this site was jeopardize the continued existence of a and domestic animal refuse (PCE 2). confirmed by the Service in February listed species or destroy or adversely Unit 16: Ceiba Sur Unit 2007. Threats that may require special modify critical habitat, we also provide management considerations, due to Unit reasonable and prudent alternatives to Unit 16 consists of approximately the project, if any are identifiable. We 13.92 ac (5.63 ha) between Road PR– 17 being located adjacent to private homes and close to an ancillary road to define ‘‘Reasonable and prudent 9934 to the east, and Road PR–919 to alternatives’’ at 50 CFR 402.02 as the west within Ceiba Sur Ward, Juncos. PR–900, include changes in the composition and abundance of alternative actions identified during It includes 3,123 ft (951.91 m) of an consultation that: intermittent stream that connects with vegetation surrounding guajo´n habitat • (PCEs 1 and 3), degradation of water Can be implemented in a manner the Rı´o Valenciano, and a guajo´n consistent with the intended purpose of foraging area extending laterally 99 ft quality due to use of herbicides, fertilizers, or insecticides, and pollution the action, (30 m) on each side of the drainage. • Can be implemented consistent of the stream caused by human and Every PCE is found within this unit, and with the scope of the Federal agency’s domestic animal refuse (PCE 2). presence of the species and PCEs at this legal authority and jurisdiction, site was confirmed by the Service in Effects of Critical Habitat Designation • Are economically and January 2007. The Service has not technologically feasible, and determined whether Unit 16 was Section 7 Consultation • Would, in the Director’s opinion, occupied at the time of listing, but we Section 7(a)(2) of the Act requires avoid jeopardizing the continued have determined that it is essential to Federal agencies, including the Service, existence of the listed species or

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destroying or adversely modifying guajo´n critical habitat units is to support maintaining roads, development of new critical habitat. viable core area populations. roads and trails, and construction of Reasonable and prudent alternatives Section 4(b)(8) of the Act requires us new homes and commercial can vary from slight project to briefly evaluate and describe, in any establishments. These activities may modifications to extensive redesign or proposed or final regulation that interrupt the connection between relocation of the project. Costs designates critical habitat, activities existing populations; thus, dispersal and associated with implementing a involving a Federal action that may interaction between subpopulations reasonable and prudent alternative are destroy or adversely modify such could be affected, restricting gene flow similarly variable. habitat, or that may be affected by such and jeopardizing the integrity of the Regulations at 50 CFR 402.16 require designation. species’ gene pool. Federal agencies to reinitiate Activities that, when carried out, Each of the units designated as critical consultation on previously reviewed funded, or authorized by a Federal habitat contains features essential to the actions in instances where we have agency, may affect critical habitat and conservation of the guajo´n or is essential listed a new species or subsequently therefore should result in consultation to the conservation of the guajo´n. All ´ designated critical habitat that may be for the guajon include, but are not units are within the geographic range of limited to: affected and the Federal agency has the species, thirteen are known to have (1) Activities that would significantly retained discretionary involvement or been occupied by the species at the time alter the vegetation structure in and control over the action (or the agency’s of lisitng, and all are likely to be used around creeks, streams, and drainages. by the guajo´n. Federal agencies already discretionary involvement or control is Such activities could include, but are authorized by law). Consequently, consult with us on activities in areas not limited to, vegetation cutting for currently occupied by the guajo´n, or if Federal agencies may sometimes need to expanding or maintaining roads, request reinitiation of consultation with the species may be affected by the development of new roads and trails, action, to ensure that their actions do us on actions for which formal and construction of new homes and consultation has been completed, if not jeopardize the continued existence commercial establishments. The of the guajo´n. those actions with discretionary elimination or alteration of vegetation involvement or control may affect structure could result in habitat Exemptions and Exclusions subsequently listed species or fragmentation that may interrupt the Application of Section 4(a)(3) of the Act designated critical habitat. connection between populations, alter Federal activities that may affect the guajo´n foraging activities and the The Sikes Act Improvement Act of guajo´n or its designated critical habitat availability of foraging resources, reduce 1997 (Sikes Act) (16 U.S.C. 670a) require section 7 consultation under the the quality of breeding microhabitat required each military installation that Act. Activities on State, Tribal, local, or (e.g., change in temperature and includes land and water suitable for the private lands requiring a Federal permit humidity levels within breeding conservation and management of (such as a permit from the U.S. Army crevices and caves), and result in direct natural resources to complete an Corps of Engineers under section 404 of mortality of individuals through integrated natural resource management the Clean Water Act (33 U.S.C. 1251 et trampling or crushing, or desiccation plan (INRMP) by November 17, 2001. seq.) or a permit from us under section from sun exposure. An INRMP integrates implementation of 10 of the Act) or involving some other (2) Activities that may alter the the military mission of the installation Federal action (such as funding from the natural flow of water. Such activities with stewardship of the natural Federal Highway Administration, could include, but are not limited to, resources found on the base. Each Federal Aviation Administration, or the stream modifications related to the INRMP includes: Federal Emergency Management expansion or maintenance of roads, • An assessment of the ecological Agency) are subject to the section 7 development of new roads and trails, needs on the installation, including the consultation process. Federal actions and construction of new homes and need to provide for the conservation of not affecting listed species or critical commercial establishments. Alteration listed species; habitat, and actions on State, Tribal, of water flow may result in drowning of • A statement of goals and priorities; local, or private lands that are not adults and loss of egg clutches through • A detailed description of federally funded, authorized, or erosion and increase flash flooding, management actions to be implemented permitted, do not require section 7 abandonment of suitable habitat and to provide for these ecological needs; consultations. establishment into less-favorable areas, and • A monitoring and adaptive Application of the ‘‘Adverse and reduction of breeding activities management plan. Modification’’ Standard (e.g., insufficient or excessive humidity for proper egg development). Among other things, each INRMP The key factor related to the adverse (3) Activities that may reduce the must, to the extent appropriate and modification determination is whether, quality of water. Such activities could applicable, provide for fish and wildlife with implementation of the proposed include, but are not limited to, management; fish and wildlife habitat Federal action, the affected critical recreational activities within major enhancement or modification; wetland habitat would continue to serve its streams and rivers connecting drainages protection, enhancement, and intended conservation role for the and tributaries used by the species, restoration where necessary to support species, or would retain its current agricultural practices (e.g., use of fish and wildlife; and enforcement of ability for the primary constituent pesticides, herbicides, or fertilizers), applicable natural resource laws. elements to be functionally established. and pollution of streams caused by The National Defense Authorization Activities that may destroy or adversely human refuse. Act for Fiscal Year 2004 (Pub. L. 108– modify critical habitat are those that (4) Activities that eliminate or 136) amended the Act to limit areas alter the PCEs to an extent that degrade the natural connection between eligible for designation as critical appreciably reduces the conservation guajo´n populations. Such activities habitat. Specifically, section 4(a)(3)(B)(i) value of critical habitat for the guajo´n. could include, but are not limited to, of the Act (16 U.S.C. 1533(a)(3)(B)(i)) Generally, the conservation role of the vegetation cutting for expanding or now provides: ‘‘The Secretary shall not

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designate as critical habitat any lands or of the United States with tribal entities. that may occur in the 20 years following other geographical areas owned or We also consider any social impacts that designation of critical habitat (i.e., controlled by the Department of might occur because of the designation. 2007–2026). Defense, or designated for its use, that In this instance, we have determined The final economic analysis is are subject to an integrated natural that the lands within the proposed intended to quantify the economic resources management plan prepared designation of critical habitat for the impacts of all potential conservation under section 101 of the Sikes Act (16 guajo´n are not owned or managed by the efforts for the guajo´n; some of these U.S.C. 670a), if the Secretary determines Department of Defense, there are costs will likely be incurred regardless in writing that such plan provides a currently no habitat conservation plans of whether critical habitat is designated. benefit to the species for which critical for the guajo´n, and the proposed Over the 20-year period 2007–2026, the habitat is proposed for designation.’’ designation does not include any Tribal draft economic analysis finds that costs There are no Department of Defense lands or trust resources. We anticipate associated with conservation activities lands within the critical habitat no impact to national security, Tribal for the guajo´n are estimated at $4.34 designation that have completed an lands, partnerships, or habitat million in undiscounted dollars, $4.28 INRMP. conservation plans from this proposed million when discounted at 3 percent, critical habitat designation. There are no Application of Section 4(b)(2) of the Act and $4.23 when discounted at 7 percent. areas excluded from this final Annualized future costs are $288,000 Section 4(b)(2) of the Act states that designation based on non-economic using a 3 percent discount rate and the Secretary must designate and revise impacts. $399,000 using a 7 percent discount critical habitat on the basis of the best Economics rate. available scientific data after taking into Potential future costs are dominated consideration the economic impact, Section 4(b)(2) of the Act requires that by the expected costs of guajo´n national security impact, and any other we designate or revise critical habitat conservation efforts during road relevant impact of specifying any based upon the best scientific and construction, specifically the extension particular area as critical habitat. The commercial data available, after taking of Puerto Rico Highway 53 between Secretary may exclude an area from into consideration the economic impact, Maunabo and Yabucoa. These costs will critical habitat if he determines that the impact on national security, or any be borne by the Commonwealth of benefits of such exclusion outweigh the other relevant impact of specifying any Puerto Rico. In 2004, the Puerto Rico benefits of specifying such area as part particular area as critical habitat. In Highway and Transportation Authority of the critical habitat, unless he order to consider economic impacts, we (PRHTA) began construction of the 5.7- determines, based on the best scientific prepared a draft economic analysis mi (9.1-km) extension, which intersects data available, that the failure to based on the October 5, 2006, proposed the Emajagua Unit. The project is slated designate such area as critical habitat rule (71 FR 58954) plus the five for completion in the summer of 2008. will result in the extinction of the additional units described in our June Anticipated guajo´n conservation efforts species. In making that determination, 19, 2007, notice (72 FR 33715). during the highway extension include the legislative history is clear that the The economic analysis considered the species monitoring, acquiring land for Secretary has broad discretion regarding potential economic effects of all actions conservation, constructing an additional which factor(s) to use and how much related to the conservation of the bridge to permit stream flow, and weight to give to any factor. guajo´n, including costs associated with Under section 4(b)(2) of the Act, in sections 4, 7, and 10 of the Act, as well installing rocky streambed in box considering whether to exclude a as those attributable to designating culverts. The PRHTA does not particular area from the designation, we critical habitat. It further considers the anticipate additional road projects in must identify the benefits of including economic effects of protective measures the future in or near proposed critical the area in the designation, identify the taken as a result of other Federal, State, habitat. benefits of excluding the area from the and local laws that aid habitat Because our economic analysis did designation, and determine whether the conservation for the guajo´n in proposed not identify any disproportionate costs benefits of exclusion outweigh the critical habitat areas. The analysis resulting from the designation, we did benefits of inclusion. If based on this considered both economic efficiency not consider excluding any areas from analysis, we make this determination, and distributional effects. In the case of this designation of critical habitat for ´ then we can exclude the area only if habitat conservation, efficiency effects guajon based on economic impacts. such exclusion would not result in the generally reflect lost economic A copy of the final economic analysis extinction of the species. opportunities associated with with supporting documents may be Under section 4(b)(2) of the Act, we restrictions on land use (opportunity obtained by contacting U.S. Fish and must consider all relevant impacts, costs). This analysis also addressed how Wildlife Service, Branch of Endangered including economic impacts. We potential economic impacts are likely to Species (see FOR FURTHER INFORMATION consider a number of factors in a section be distributed, including an assessment CONTACT) or for downloading from the 4(b)(2) analysis. For example, we of any local or regional impacts of Internet at http:// www.fws.gov/ consider whether there are lands owned habitat conservation and the potential southeast. or managed by the Department of effects of conservation activities on Required Determinations Defense (DOD) where a national security small entities and the energy industry. impact might exist. We also consider This information can be used by Regulatory Planning and Review whether the landowners have developed decisionmakers to assess whether the In accordance with Executive Order any conservation plans for the area, or effects of the designation might unduly (E.O.) 12866, this document is a whether there are conservation burden a particular group or economic significant rule because it may raise partnerships that would be encouraged sector. Finally, this analysis looked novel legal and policy issues. Based on by designation of, or exclusion from, retrospectively at costs that have been our draft economic analysis of the critical habitat. In addition, we look at incurred since the date this species was proposed designation of critical habitat any tribal issues, and consider the listed as threatened (June 11, 1997; 62 for the guajo´n, costs related to government-to-government relationship FR 31757), and considered those costs conservation activities for the guajo´n

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pursuant to sections 4, 7, and 10 of the and small government jurisdictions). we evaluated the potential economic Act are estimated to be approximately However, no regulatory flexibility effects on small business entities $4.34 million in undiscounted dollars. analysis is required if the head of an resulting from conservation actions Discounted future costs are estimated to agency certifies the rule will not have a related to the listing of the guajo´n and be $4.28 million ($288,000 annually) at significant economic impact on a proposed designation of its critical a 3 percent discount rate, or $4.23 substantial number of small entities. In habitat. This analysis estimated million ($399,000 annually) at a 7 our proposed rule, we withheld our prospective economic impacts due to percent discount rate. Therefore, based determination of whether this the implementation of guajo´n on our draft economic analysis, we have designation would result in a significant conservation efforts in four categories: determined that the proposed effect as defined under SBREFA until (a) Deforestation and earth movement designation of critical habitat for the we completed our draft economic near streams for road construction; (b) guajo´n would not result in an annual analysis of the proposed designation so agricultural practices (e.g., use of effect on the economy of $100 million that we would have the factual basis for herbicides, fertilizers, or insecticides); or more or affect the economy in a our determination. (c) urban and rural development; and According to the Small Business material way. Due to the timeline for (d) degradation of water quality from Administration (SBA), small entities publication in the Federal Register, the illegal garbage dumping, untreated Office of Management and Budget include small organizations, such as sewage, and fishing with chemicals. We (OMB) has not formally reviewed the independent nonprofit organizations, determined from our analysis that in the proposed rule or accompanying and small governmental jurisdictions, economic impacts of the designation are economic analysis. including school boards and city and Further, Executive Order 12866 town governments that serve fewer than expected to be borne primarily by the directs Federal agencies promulgating 50,000 residents, as well as small Puerto Rico Highway and regulations to evaluate regulatory businesses (13 CFR 121.201). Small Transportation Authority, an agency of alternatives (Office of Management and businesses include manufacturing and the Commonwealth of Puerto Rico, Budget, Circular A–4, September 17, mining concerns with fewer than 500 during construction of PR Highway 53. 2003). Pursuant to Circular A–4, once it employees, wholesale trade entities However, the government of the has been determined that the Federal with fewer than 100 employees, retail Commonwealth does not meet the SBA regulatory action is appropriate, the and service businesses with less than $5 criteria for a small entity. Consequently, agency will need to consider alternative million in annual sales, general and we certify that the designation of critical regulatory approaches. Since the heavy construction businesses with less habitat for the guajo´n will not result in determination of critical habitat is a than $27.5 million in annual business, a significant economic impact on a statutory requirement pursuant to the special trade contractors doing less than substantial number of small business Act, we must then evaluate alternative $11.5 million in annual business, and entities. Please see the ‘‘Economic regulatory approaches, where feasible, agricultural businesses with annual Analysis’’ section above and the draft when promulgating a designation of sales less than $750,000. To determine economic analysis itself for a more critical habitat. if potential economic impacts to these detailed discussion of potential In developing our designations of small entities are significant, we economic impacts. critical habitat, we consider economic considered the types of activities that impacts, impacts to national security, might trigger regulatory impacts under Energy Supply, Distribution, or Use and other relevant impacts pursuant to this designation as well as types of (E.O. 13211) section 4(b)(2) of the Act. Based on the project modifications that may result. In On May 18, 2001, the President issued discretion allowable under this general, the term significant economic E.O. 13211 on regulations that provision, we may exclude any impact is meant to apply to a typical significantly affect energy supply, particular area from the designation of small business firm’s business distribution, or use. E.O. 13211 requires critical habitat providing that the operations. benefits of such exclusion outweigh the To determine if the proposed guajo´n agencies to prepare Statements of benefits of specifying the area as critical critical habitat designation would affect Energy Effects when undertaking certain habitat and that such exclusion would a substantial number of small entities, actions. This proposed designation of ´ not result in the extinction of the we considered the number of small critical habitat for guajon is considered species. We believe that the evaluation entities affected within particular types a significant regulatory action under of the inclusion or exclusion of of economic activities (e.g., residential E.O. 12866 because it raises novel legal particular areas, or combination thereof, and commercial development and and policy issues. OMB has provided in a designation constitutes our agriculture). We considered each guidance for implementing this E.O. regulatory alternative analysis. industry or category individually to that outlines nine outcomes that may determine if certification is appropriate. constitute ‘‘a significant adverse effect’’ Regulatory Flexibility Act (5 U.S.C. 601 In estimating the numbers of small when compared without the regulatory et seq.) entities potentially affected, we also action under consideration. The draft Under the Regulatory Flexibility Act considered whether their activities have economic analysis finds that none of (RFA) (5 U.S.C. 601 et seq., as amended any Federal involvement; some kinds of these criteria are relevant to this by the Small Business Regulatory activities are unlikely to have any analysis. Thus, based on information in Enforcement Fairness Act (SBREFA) (5 Federal involvement and so will not be the draft economic analysis, energy- U.S.C. 802(2)), whenever an agency is affected by the designation of critical related impacts associated with guajo´n required to publish a notice of habitat. Designation of critical habitat conservation activities within proposed rulemaking for any proposed or final only affects activities conducted, critical habitat are not expected. As rule, it must prepare and make available funded, permitted, or authorized by such, the proposed designation of for public comment a regulatory Federal agencies; non-Federal activities critical habitat is not expected to flexibility analysis that describes the are not affected by the designation. significantly affect energy supplies, effect of the rule on small entities (i.e., In our draft economic analysis of the distribution, or use and a Statement of small businesses, small organizations, proposed critical habitat designation, Energy Effects is required.

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Unfunded Mandates Reform Act (2 modification of critical habitat rests occupied by guajo´n may impose some U.S.C. 1501 et seq.) squarely on the Federal agency. additional regulatory restrictions to In accordance with the Unfunded Furthermore, to the extent that non- those currently in place and, therefore, Mandates Reform Act (2 U.S.C. 1501), Federal entities are indirectly impacted may have little incremental impact on the Service makes the following because they receive Federal assistance Commonwealth and local governments findings: or participate in a voluntary Federal aid and their activities. The designation (a) This rule will not produce a program, the Unfunded Mandates may have some benefit to these Federal mandate. In general, a Federal Reform Act would not apply; nor would governments in that the areas that mandate is a provision in legislation, critical habitat shift the costs of the large contain the features essential to the statute, or regulation that would impose entitlement programs listed above onto conservation of the species are more an enforceable duty upon State, local, or State governments. clearly defined, and the primary Tribal governments, or the private (b) As discussed in the draft economic constituent elements of the habitat analysis of the proposed designation of sector, and includes both ‘‘Federal necessary to the conservation of the critical habitat for the guajo´n, the intergovernmental mandates’’ and species are specifically identified. While impacts on nonprofits and small ‘‘Federal private sector mandates.’’ making this definition and governments are expected to be These terms are defined in 2 U.S.C. identification does not alter where and negligible. It is likely that small 658(5)–(7). ‘‘Federal intergovernmental what federally sponsored activities may governments involved with mandate’’ includes a regulation that occur, it may assist these local developments and infrastructure ‘‘would impose an enforceable duty governments in long-range planning projects will be interested parties or upon State, local, or tribal (rather than waiting for case-by-case involved with projects involving section governments,’’ with two exceptions. It section 7 consultations to occur). 7 consultations for the guajo´n within excludes ‘‘a condition of federal their jurisdictional areas. Any costs Civil Justice Reform assistance.’’ It also excludes ‘‘a duty associated with this activity are likely to arising from participation in a voluntary In accordance with Executive Order represent a small portion of a local 12988 (Civil Justice Reform), the Office Federal program,’’ unless the regulation government’s budget. Consequently, we ‘‘relates to a then-existing Federal of the Solicitor has determined that the do not believe that the designation of rule does not unduly burden the judicial program under which $500,000,000 or critical habitat for this species will more is provided annually to State, system and meets the requirements of significantly or uniquely affect these sections 3(a) and 3(b)(2) of the Order. local, and tribal governments under small governmental entities. As such, a entitlement authority,’’ if the provision We are designating critical habitat in Small Government Agency Plan is not accordance with the provisions of the would ‘‘increase the stringency of required. conditions of assistance’’ or ‘‘place caps Endangered Species Act. This final rule upon, or otherwise decrease, the Federal Takings (E.O. 12630) uses standard property descriptions and Government’s responsibility to provide In accordance with E.O. 12630 identifies the primary constituent funding’’ and the State, local, or tribal (‘‘Government Actions and Interference elements within the designated areas to governments ‘‘lack authority’’ to adjust with Constitutionally Protected Private assist the public in understanding the accordingly. At the time of enactment, Property Rights’’), we have analyzed the habitat needs of the guajo´n. these entitlement programs were: potential takings implications of Paperwork Reduction Act of 1995 (44 Medicaid; Aid to Families with designating 260.6 ac (105.6 ha) of lands U.S.C. 3501 et seq.) Dependent Children work programs; in the municipalities of Humacao, Child Nutrition; Food Stamps; Social Juncos, Las Piedras, Maunabo, Patillas, This rule does not contain any new Services Block Grants; Vocational San Lorenzo, and Yabucoa, Puerto Rico collections of information that require Rehabilitation State Grants; Foster Care, as critical habitat for the guajo´n. Critical approval by OMB under the Paperwork Adoption Assistance, and Independent habitat designation does not affect Reduction Act. This rule will not Living; Family Support Welfare landowner actions that do not require impose recordkeeping or reporting Services; and Child Support Federal funding or permits, nor does it requirements on Commonwealth or Enforcement. ‘‘Federal private sector preclude development of habitat local governments, individuals, mandate’’ includes a regulation that conservation programs or issuance of businesses, or organizations. An agency ‘‘would impose an enforceable duty incidental take permits to permit actions may not conduct or sponsor, and a upon the private sector, except (i) a that do require Federal funding or person is not required to respond to, a condition of Federal assistance; or (ii) a permits to go forward. In conclusion, collection of information unless it duty arising from participation in a the designation of critical habitat for displays a currently valid OMB control voluntary Federal program.’’ this species does not pose significant number. The designation of critical habitat takings implications. National Environmental Policy Act does not impose a legally binding duty on non-Federal government entities or Federalism (E.O. 13132) It is our position that, outside the private parties. Under the Act, the only In accordance with E.O. 13132 jurisdiction of the Tenth Federal Circuit, regulatory effect is that Federal agencies (Federalism), the rule does not have we do not need to prepare must ensure that their actions do not significant Federalism effects. A environmental analyses as defined by destroy or adversely modify critical Federalism assessment is not required. NEPA in connection with designating habitat under section 7. Non-Federal In keeping with the Department of the critical habitat under the Endangered entities that receive Federal funding, Interior and Department of Commerce Species Act of 1973, as amended. We assistance, permits, or otherwise require policy, we requested information from, published a notice outlining our reasons approval or authorization from a Federal and coordinated development of, this for this determination in the Federal agency for an action, may be indirectly final critical habitat designation with Register on October 25, 1983 (48 FR impacted by the designation of critical appropriate Commonwealth resource 49244). This assertion was upheld in the habitat. However, the legally binding agencies in Puerto Rico. The designation courts of the Ninth Circuit (Douglas duty to avoid destruction or adverse of critical habitat in areas currently County v. Babbitt, 48 F.3d 1495 (9th Cir.

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Ore. 1995), cert. denied 516 S. Ct. 1042 Therefore, designation of critical habitat Code of Federal Regulations, as set forth (1996)). for the guajo´n has not been designated below: on Tribal lands. Government-to-Government PART 17—[AMENDED] Relationship With Tribes References Cited A complete list of all references cited I 1. The authority citation for part 17 In accordance with the President’s in this rulemaking is available upon continues to read as follows: memorandum of April 29, 1994, request from Jorge Saliva, Boquero´n ‘‘Government-to-Government Relations Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Field Office (see ADDRESSES). with Native American Tribal 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Governments’’ (59 FR 22951), Executive Author(s) 625, 100 Stat. 3500; unless otherwise noted. Order 13175, and the Department of The primary author of this package is I Interior’s manual at 512 DM 2, we the Boquero´n Fish and Wildlife Office. 2. In § 17.11(h), revise the entry for readily acknowledge our responsibility ‘‘guajo´n’’ under ‘‘AMPHIBIANS’’ in the to communicate meaningfully with List of Subjects in 50 CFR Part 17 List of Endangered and Threatened recognized Federal Tribes on a Endangered and threatened species, Wildlife to read as follows: government-to-government basis. We Exports, Imports, Reporting and have determined that there are no Tribal recordkeeping requirements, § 17.11 Endangered and threatened wildlife. lands occupied at the time of listing that Transportation. contain the features essential for the * * * * * Regulation Promulgation conservation and no Tribal lands that (h) * * * are unoccupied areas that are essential I Accordingly, we amend part 17, for the conservation of the guajo´n. subchapter B of chapter I, title 50 of the

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special rule Common name Scientific name gered or threatened habitat

******* AMPHIBIANS

******* Guajo´n ...... Eleutherodactylus U.S.A. (PR) ...... Entire ...... T 617 17.95(d) NA cooki.

*******

I 3. In § 17.95, amend paragraph (d) by jambos, and Thespesia populnea) at These rocks provide cover and foraging adding an entry for ‘‘Guajo´n elevations from 118 to 1,183 ft (36 to sites and help conserve humidity. (Eleutherodactylus cooki)’’ in the same 361 m) above sea level; (3) Critical habitat does not include order that the species appears in the (ii) Plutonic, granitic, or sedimentary manmade structures existing on the table at § 17.11(h) to read as follows: rocks/boulders that form caves, crevices, effective date of this rule and not containing one or more of the primary and grottoes (interstitial spaces) in a § 17.95 Critical habitat—fish and wildlife. constituent elements, such as buildings, streambed, and that are in proximity, or * * * * * driveways, aqueducts, airports, and (d) Amphibians. connected, to a permanent, ephemeral, roads, and the land on which such or subterranean clear-water stream or * * * * * structures are located. water source. The interstitial spaces Guajo´n (Eleutherodactylus cooki) (4) Critical habitat maps. Data layers between or underneath rocks provide (1) Critical habitat units are depicted defining map units were created by microenvironments characterized by for Humacao, Las Piedras, Maunabo, delineating habitats that contain at least Patillas, and Yabucoa, Puerto Rico, on generally higher humidity and cooler one or more of the PCEs defined in the maps below. temperatures than outside the rock paragraph (2) of this entry, over United (2) The primary constituent elements formations; and States Geological Survey topographic of critical habitat for the guajo´n are the (iii) Vegetation-covered rocks (the maps (UTM 19, NAD 83). USGS habitat components that provide: vegetation typically includes moss, 1:20,000 quadrangles used in the base (i) Subtropical forest (which may ferns, and hepatics such as Thuidium map were: Humacao, Punta Guayane´s, include trees such as Cecropia urceolatum, Taxilejeunea sulphurea, Juncos, Yabucoa, Punta Tuna, and schreberiana, Dendropanax arboreus, and Huokeria acutifolia) extending Patillas. Guarea guidonia, Piper aduncum, laterally to a maximum of 99 feet (30 (5) Note: Index map (Map 1) follows: Spathodea campanulata, Syzygium meters) on each bank of the stream. BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(6) Unit 1: Mariana, Humacao, Puerto 2007161.84; 834040.05, 2007115.14; 2006314.94; 834353.95, 2006314.84; Rico. 834132.46, 2006989.50; 834205.56, 834351.99, 2006314.87; 834351.36, (i) General Description: Unit 1 2006931.14; 834206.23, 2006930.59; 2006314.91; 834303.63, 2006318.22; consists of approximately 23.6 acres (ac) 834207.20, 2006929.73; 834258.63, 834285.72, 2006292.67; 834293.36, (9.6 hectares (ha)) located south of Road 2006882.21; 834374.13, 2006823.87; 2006231.63; 834293.49, 2006230.38; PR–909, west of Road PR–3, and north 834375.16, 2006823.33; 834376.84, 834293.59, 2006228.41; 834293.56, of Quebrada Catan˜ o within Mariana 2006822.32; 834378.46, 2006821.20; 2006226.45; 834293.40, 2006224.49; Ward, Humacao. 834380.00, 2006819.98; 834381.46, 834293.12, 2006222.55; 834292.70, (ii) Coordinates: From Humacao and 2006818.67; 834382.83, 2006817.25; 2006220.62; 834292.16, 2006218.73; Punta Guayane´s USGS 1:20,000 834384.10, 2006815.76; 834385.27, 834291.50, 2006216.88; 834290.72, quadrangle maps. Unit 1 bounded by 2006814.18; 834386.34, 2006812.53; 2006215.08; 834289.83, 2006213.33; the following UTM 19 NAD 83 834387.29, 2006810.81; 834387.80, 834288.82, 2006211.65; 834287.70, coordinates (E, N): 2006809.77; 834412.77, 2006756.30; 2006210.03; 834286.48, 2006208.49; 833916.64, 2007339.77; 833916.67, 834413.10, 2006755.56; 834413.82, 834285.16, 2006207.03; 834283.75, 2007341.73; 833916.83, 2007343.69; 2006753.74; 834414.42, 2006751.87; 2006205.66; 834282.25, 2006204.39; 833917.12, 2007345.64; 833917.53, 834414.90, 2006749.96; 834415.26, 834280.68, 2006203.22; 834279.03, 2007347.56; 833918.07, 2007349.45; 2006748.03; 834415.48, 2006746.07; 2006202.15; 834277.31, 2006201.20; 833918.73, 2007351.30; 833919.51, 834415.58, 2006744.11; 834415.55, 834275.53, 2006200.36; 834273.71, 2007353.10; 833920.41, 2007354.85; 2006742.15; 834415.39, 2006740.19; 2006199.63; 834271.84, 2006199.03; 833921.42, 2007356.54; 833922.53, 834415.10, 2006738.24; 834414.69, 834269.93, 2006198.55; 834268.00, 2007358.15; 833923.65, 2007359.57; 2006736.32; 834414.15, 2006734.43; 2006198.20; 834266.05, 2006197.97; 833989.83, 2007438.54; 833989.93, 834413.49, 2006732.58; 834412.71, 834264.08, 2006197.87; 834262.12, 2007438.66; 833991.25, 2007440.12; 2006730.78; 834411.82, 2006729.03; 2006197.90; 834260.16, 2006198.06; 833992.66, 2007441.48; 833994.16, 834410.92, 2006727.51; 834369.80, 834258.22, 2006198.35; 834256.29, 2007442.76; 833995.73, 2007443.93; 2006662.68; 834367.07, 2006639.75; 2006198.76; 834254.40, 2006199.30; 833997.38, 2007444.99; 833999.10, 834374.97, 2006627.50; 834375.47, 834252.55, 2006199.96; 834250.75, 2007445.95; 834000.88, 2007446.79; 2006626.69; 834376.43, 2006624.98; 2006200.74; 834249.00, 2006201.64; 834002.70, 2007447.51; 834004.57, 834377.27, 2006623.20; 834377.99, 834247.31, 2006202.65; 834245.70, 2007448.12; 834006.48, 2007448.60; 2006621.37; 834378.59, 2006619.50; 2006203.76; 834244.16, 2006204.98; 834008.41, 2007448.95; 834010.36, 834379.07, 2006617.60; 834379.43, 834242.70, 2006206.30; 834241.33, 2007449.18; 834012.33, 2007449.27; 2006615.66; 834379.65, 2006613.71; 2006207.71; 834240.06, 2006209.21; 834014.29, 2007449.24; 834016.25, 834379.75, 2006611.75; 834379.72, 834238.89, 2006210.79; 834237.82, 2007449.08; 834018.19, 2007448.80; 2006609.78; 834379.56, 2006607.83; 2006212.44; 834236.87, 2006214.16; 834020.12, 2007448.38; 834022.01, 834379.27, 2006605.88; 834378.86, 834236.03, 2006215.93; 834235.30, 2007447.85; 834023.86, 2007447.19; 2006603.96; 834378.32, 2006602.07; 2006217.76; 834234.70, 2006219.63; 834025.66, 2007446.41; 834027.41, 834377.66, 2006600.22; 834376.88, 834234.22, 2006221.54; 834233.87, 2007445.51; 834029.10, 2007444.50; 2006598.42; 834375.98, 2006596.67; 2006223.47; 834233.77, 2006224.17; 834030.71, 2007443.38; 834032.25, 834374.98, 2006594.98; 834373.86, 834224.69, 2006296.70; 834224.56, 2007442.16; 834033.71, 2007440.84; 2006593.36; 834372.64, 2006591.82; 2006297.95; 834224.46, 2006299.92; 834035.08, 2007439.43; 834036.35, 834371.32, 2006590.37; 834369.91, 834224.49, 2006301.88; 834224.65, 2007437.94; 834037.52, 2007436.36; 2006589.00; 834368.41, 2006587.73; 2006303.84; 834224.65, 2006303.84; 834038.59, 2007434.71; 834039.54, 834366.83, 2006586.56; 834365.82, 834224.94, 2006305.78; 834225.35, 2007432.99; 834040.38, 2007431.21; 2006585.88; 834340.63, 2006569.89; 2006307.70; 834225.89, 2006309.59; 834041.11, 2007429.39; 834041.71, 834334.43, 2006549.03; 834356.52, 834226.55, 2006311.45; 834227.33, 2007427.52; 834042.19, 2007425.61; 2006506.35; 834356.55, 2006506.29; 2006313.25; 834228.22, 2006315.00, 834042.54, 2007423.68; 834042.77, 834357.39, 2006504.51; 834358.12, 834229.23, 2006316.68; 834229.23, 2007421.73; 834042.87, 2007419.76; 2006502.69; 834358.72, 2006500.82; 2006316.68; 834229.90, 2006317.67; 834042.84, 2007417.80; 834042.68, 834358.92, 2006500.08; 834390.20, 834264.20, 2006366.59; 834264.65, 2007415.84; 834042.39, 2007413.90; 2006379.42; 834390.48, 2006378.25; 2006367.22; 834265.87, 2006368.76; 834041.98, 2007411.98; 834041.44, 834390.83, 2006376.32; 834391.06, 834267.19, 2006370.22; 834268.60, 2007410.09; 834040.78, 2007408.23; 2006374.36; 834391.16, 2006372.40; 2006371.58; 834270.10, 2006372.86; 834040.00, 2007406.43; 834039.10, 834391.13, 2006370.44; 834390.97, 834271.68, 2006374.03; 834273.33, 2007404.68; 834038.09, 2007403.00; 2006368.48; 834390.68, 2006366.53; 2006375.09; 834275.05, 2006376.05; 834036.98, 2007401.38; 834035.86, 834390.27, 2006364.61; 834390.01, 834276.82, 2006376.89; 834278.65, 2007399.96; 833985.64, 2007340.04; 2006363.66; 834382.32, 2006336.64; 2006377.61; 834280.52, 2006378.22; 834043.84, 2007268.82; 834044.09, 834382.03, 2006335.70; 834381.37, 834282.42, 2006378.70; 834284.36, 2007268.50; 834045.27, 2007266.93; 2006333.85; 834380.59, 2006332.05; 2006379.05; 834286.31, 2006379.28; 834046.33, 2007265.28; 834047.29, 834379.70, 2006330.30; 834378.69, 834288.27, 2006379.37; 834290.24, 2007263.56; 834048.13, 2007261.78; 2006328.61; 834377.57, 2006327.00; 2006379.34; 834290.86, 2006379.31; 834048.85, 2007259.96; 834049.45, 834376.35, 2006325.46; 834375.03, 834328.87, 2006376.67; 834301.63, 2007258.09; 834049.93, 2007256.18; 2006324.00; 834373.62, 2006322.63; 2006481.74; 834275.52, 2006532.18; 834050.29, 2007254.25; 834050.51, 834372.12, 2006321.36; 834370.54, 834275.49, 2006532.24; 834274.65, 2007252.30; 834050.61, 2007250.33; 2006320.19; 834368.89, 2006319.12; 2006534.02; 834273.93, 2006535.85; 834050.58, 2007248.37; 834050.42, 834367.18, 2006318.17; 834365.40, 834273.33, 2006537.72; 834272.85, 2007246.41; 834050.14, 2007244.47; 2006317.32; 834363.57, 2006316.60; 2006539.62; 834272.49, 2006541.56; 834049.72, 2007242.54; 834049.18, 834361.70, 2006316.00; 834359.80, 834272.27, 2006543.51; 834272.17, 2007240.65; 834048.52, 2007238.80; 2006315.52; 834357.87, 2006315.17; 2006545.47; 834272.20, 2006547.43; 834048.09, 2007237.77; 834014.85, 834357.87, 2006315.17; 834355.91, 834272.36, 2006549.39; 834272.65,

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2006551.34; 834273.06, 2006553.26; 2006682.17; 834312.85, 2006684.02; 2007156.04; 833951.54, 2007157.99; 834273.41, 2006554.54; 834286.26, 834313.63, 2006685.82; 834314.53, 833951.44, 2007159.95; 833951.47, 2006597.78; 834286.45, 2006598.39; 2006687.57; 834315.43, 2006689.09; 2007161.92; 833951.63, 2007163.88; 834287.11, 2006600.24; 834287.89, 834351.39, 2006745.79; 834337.78, 833951.92, 2007165.82; 833952.33, 2006602.04; 834288.79, 2006603.79; 2006774.95; 834227.80, 2006830.50; 2007167.74; 833952.87, 2007169.63; 834289.80, 2006605.47; 834290.91, 834226.78, 2006831.04; 834225.09, 833953.53, 2007171.48; 833953.96, 2006607.09; 834292.13, 2006608.63; 2006832.05; 834223.47, 2006833.17; 2007172.51; 833985.71, 2007245.04; 834293.45, 2006610.09; 834294.86, 834221.93, 2006834.39; 834220.97, 833923.41, 2007321.28; 833923.16, 2006611.46; 834296.36, 2006612.73; 2006835.25; 834167.24, 2006884.88; 2007321.60; 833921.99, 2007323.18; 834297.94, 2006613.90; 834298.95, 834091.89, 2006945.04; 834091.21, 833920.92, 2007324.83; 833919.97, 2006614.58; 834308.43, 2006620.59; 2006945.59; 834089.76, 2006946.91; 2007326.54; 833919.12, 2007328.32; 834308.43, 2006620.60; 834307.71, 834088.39, 2006948.32; 834087.11, 2006622.43; 834307.10, 2006624.30; 2006949.82; 834086.43, 2006950.72; 833918.40, 2007330.15; 833917.80, 834306.62, 2006626.21; 834306.27, 833990.42, 2007081.24; 833989.94, 2007332.02; 833917.32, 2007333.92; 2006628.14; 834306.04, 2006630.09; 2007081.92; 833988.87, 2007083.58; 833916.97, 2007335.85; 833916.74, 834305.95, 2006632.06; 834305.98, 833988.19, 2007084.77; 833955.04, 2007337.81; 833916.64, 2007339.77. 2006634.02; 834306.14, 2006635.98; 2007146.21; 833954.76, 2007146.73; (iii) Note: Map of Unit 1 (Map 2) 834306.15, 2006636.12; 834310.97, 833953.92, 2007148.50; 833953.20, follows: 2006676.56; 834311.24, 2006678.36; 2007150.33; 833952.60, 2007152.20; BILLING CODE 4310–55–P 834311.66, 2006680.28; 834312.19, 833952.12, 2007154.10; 833951.76,

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(7) Unit 2: Montones, Las Piedras, 826380.92, 2009538.11; 826507.54, 2008804.95; 825794.17, 2008805.11; Puerto Rico. 2009583.75; 826584.65, 2009645.47; 825792.23, 2008805.39; 825790.31, (i) General Description: Unit 2 826584.74, 2009645.54; 826586.31, 2008805.81; 825788.42, 2008806.35; consists of approximately 31.1 ac (12.6 2009646.72; 826587.96, 2009647.78; 825786.57, 2008807.01; 825784.77, ha) along the headwaters of the 826589.68, 2009648.74; 826591.46, 2008807.79; 825783.02, 2008808.69; Valenciano River at PR 917 Km 9.7, 2009649.58; 826593.28, 2009650.30; 825781.33, 2008809.69; 825779.72, Montones Ward, Las Piedras. 826595.15, 2009650.90; 826597.06, 2008810.81; 825778.18, 2008812.03; (ii) Coordinates: From Juncos USGS 2009651.38; 826598.99, 2009651.73; 825776.72, 2008813.35; 825776.66, 1:20,000 quadrangle map. Unit 2 826600.95, 2009651.96; 826602.91, 2008813.41; 825703.78, 2008884.28; bounded by the following UTM 19 NAD 2009652.05; 826604.87, 2009652.02; 825629.89, 2008922.09; 825628.99, 83 coordinates (E, N): 826606.83, 2009651.86; 826608.78, 2008922.57; 825628.70, 2008922.73; 825191.05, 2008735.38; 825191.08, 2009651.58; 826610.70, 2009651.16; 825595.16, 2008941.84; 825534.49, 2008737.35; 825191.17, 2008738.56; 826612.59, 2009650.62; 826614.44, 2008948.34; 825282.87, 2008831.08; 825197.07, 2008804.62; 825197.15, 2009649.96; 826616.24, 2009649.18; 825256.20, 2008791.56; 825251.43, 2008805.37; 825197.43, 2008807.31; 826617.99, 2009648.28; 826619.67, 2008738.26; 825259.11, 2008707.57; 825197.85, 2008809.23; 825198.39, 2009647.27; 826621.29, 2009646.16; 825284.21, 2008655.11; 825304.76, 2008811.12; 825199.05, 2008812.97; 826622.83, 2009644.94; 826624.29, 2008631.14; 825305.48, 2008630.28; 825199.83, 2008814.78; 825200.73, 2009643.62; 826625.65, 2009642.21; 825306.65, 2008628.70; 825307.71, 2008816.52; 825201.74, 2008818.21; 826626.92, 2009640.71; 826628.10, 2008627.05; 825308.67, 2008625.33; 825202.09, 2008818.75; 825237.76, 2009639.13; 826629.16, 2009637.48; 2008871.58; 825238.52, 2008872.65; 826630.12, 2009635.76; 826630.96, 825309.51, 2008623.55; 825310.23, 825239.74, 2008874.19; 825241.06, 2009633.99; 826631.68, 2009632.16; 2008621.73; 825310.83, 2008619.86; 2008875.65; 825242.47, 2008877.02; 826632.28, 2009630.29; 826632.76, 825311.31, 2008617.95; 825311.66, 825243.97, 2008878.29; 825245.55, 2009628.38; 826633.11, 2009626.45; 2008616.02; 825311.89, 2008614.06; 2008879.46; 825247.20, 2008880.53; 826633.34, 2009624.50; 826633.43, 825311.99, 2008612.10; 825311.96, 825248.91, 2008881.48; 825249.96, 2009622.53; 826633.40, 2009620.57; 2008610.14; 825311.80, 2008608.18; 2008881.99; 825516.70, 2009006.30; 826633.24, 2009618.61; 826632.96, 825311.51, 2008606.24; 825311.09, 825517.43, 2009006.63; 825519.26, 2009616.67; 826632.54, 2009614.75; 2008604.31; 825310.55, 2008602.43; 2009007.35; 825521.13, 2009007.95; 826632.00, 2009612.86; 826631.34, 825309.89, 2008600.57; 825309.11, 825523.03, 2009008.43; 825524.97, 2009611.01; 826630.56, 2009609.20; 2008598.77; 825308.22, 2008597.02; 2009008.78; 825526.92, 2009009.01; 826629.66, 2009607.46; 826628.65, 825307.21, 2008595.34; 825306.09, 825528.88, 2009009.11; 825530.85, 2009605.77; 826627.54, 2009604.15; 2008593.72; 825304.87, 2008592.18; 2009009.08; 825532.58, 2009008.94; 826626.32, 2009602.61; 826625.00, 825303.55, 2008590.73; 825302.14, 825607.77, 2009000.89; 825608.00, 2009601.16; 826623.59, 2009599.79; 2008589.36; 825300.64, 2008588.09; 2009000.86; 825609.94, 2009000.58; 826622.18, 2009598.59; 826541.17, 825299.06, 2008586.92; 825297.41, 825611.86, 2009000.16; 825613.75, 2009533.75; 826541.08, 2009533.68; 2008585.85; 825295.69, 2008584.90; 2008999.62; 825615.60, 2008998.96; 826539.51, 2009532.51; 826537.86, 825293.92, 2008584.05; 825292.09, 825617.41, 2008998.18; 825619.15, 2009531.45; 826536.14, 2009530.49; 2008583.33; 825290.22, 2008582.73; 2008997.28; 825619.44, 2008997.12; 826534.36, 2009529.65; 826532.59, 825288.31, 2008582.25; 825286.38, 825657.84, 2008975.25; 825735.16, 2009528.95; 826413.02, 2009485.84; 2008581.90; 825284.43, 2008581.67; 2008935.69; 825736.06, 2008935.21; 826382.96, 2009421.56; 826382.91, 825282.47, 2008581.58; 825280.50, 825737.74, 2008934.20; 825739.36, 2009421.45; 826382.01, 2009419.71; 2008581.61; 825278.54, 2008581.77; 2008933.08; 825740.90, 2008931.86; 826381.00, 2009418.02; 826379.88, 825276.60, 2008582.06; 825274.68, 825742.35, 2008930.54; 825742.41, 2009416.40; 826378.66, 2009414.86; 2008582.47; 825272.79, 2008583.01; 2008930.48; 825805.54, 2008869.09; 826377.34, 2009413.41; 826375.93, 825270.94, 2008583.67; 825269.14, 825875.41, 2008891.79; 825982.60, 2009412.04; 826374.43, 2009410.77; 2008584.45; 825267.39, 2008585.35; 2009016.88; 826011.34, 2009100.61; 826372.86, 2009409.60; 826371.21, 825265.70, 2008586.36; 825264.09, 826011.81, 2009101.89; 826012.60, 2009408.54; 826279.08, 2009353.24; 2008587.47; 825262.55, 2008588.70; 2009103.69; 826013.49, 2009105.44; 826066.55, 2009076.47; 826037.54, 825261.09, 2008590.01; 825259.72, 826014.50, 2009107.13; 826015.62, 2008991.95; 826037.07, 2008990.68; 2008591.43; 825259.17, 2008592.06; 2009108.74; 826015.93, 2009109.15; 826036.29, 2008988.88; 826035.39, 825236.04, 2008619.04; 825235.32, 826234.92, 2009394.34; 826235.83, 2008987.13; 826034.38, 2008985.44; 2008619.90; 825234.15, 2008621.48; 2009395.46; 826237.15, 2009396.92; 826033.26, 2008983.83; 826032.04, 825233.09, 2008623.13; 825232.13, 826238.56, 2009398.29; 826240.06, 2008982.29; 826031.94, 2008982.17; 2008624.85; 825231.75, 2008625.62; 2009399.56; 826241.64, 2009400.73; 825915.52, 2008846.30; 825914.31, 825203.63, 2008684.38; 825203.17, 826243.28, 2009401.79; 826332.44, 2008844.97; 825912.90, 2008843.60; 2008685.39; 825202.45, 2008687.22; 2009455.31; 826363.91, 2009522.58; 825911.40, 2008842.33; 825909.82, 825201.84, 2008689.09; 825201.58, 826363.96, 2009522.68; 826364.85, 2008841.16; 825908.17, 2008840.09; 2008690.06; 825191.94, 2008728.60; 2009524.43; 826365.86, 2009526.12; 825906.45, 2008839.14; 825904.68, 826366.98, 2009527.74; 826368.20, 2008838.30; 825902.85, 2008837.57; 825191.73, 2008729.54; 825191.37, 2009529.27; 826369.52, 2009530.73; 825902.00, 2008837.28; 825806.87, 2008731.47; 825191.15, 2008733.42; 826370.93, 2009532.10; 826372.43, 2008806.38; 825805.85, 2008806.07; 825191.05, 2008735.38. 2009533.37; 826374.01, 2009534.54; 825803.94, 2008805.59; 825802.01, (iii) Note: Map of Unit 2 (Map 3) 826375.66, 2009535.61; 826377.38, 2008805.24; 825800.06, 2008805.01; follows: 2009536.56; 826379.15, 2009537.40; 825798.10, 2008804.91; 825796.13, BILLING CODE 4310–55–P

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 60087

BILLING CODE 4310–55–C

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 ER23OC07.002 60088 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations

(8) Unit 3: Tejas, Las Piedras, Puerto 829723.52, 2007454.66; 829736.51, 2007318.87; 829741.38, 2007318.78; Rico. 2007407.12; 829744.37, 2007381.77; 829739.42, 2007318.81; 829737.46, (i) General Description: Unit 3 829781.75, 2007394.68; 829783.28, 2007318.97; 829735.51, 2007319.25; consists of approximately 5.2 ac (2.1 ha) 2007395.17; 829785.19, 2007395.65; 829733.59, 2007319.67; 829731.70, between Road PR–905 to the east, Road 829787.12, 2007396.00; 829789.08, 2007320.21; 829729.98, 2007320.82; PR–908 to the west, Road PR–9921 to 2007396.22; 829791.04, 2007396.32; 829709.83, 2007328.66; 829709.70, the north, and Road PR–9904 to the 829791.73, 2007396.33; 829845.90, 2007328.71; 829707.90, 2007329.49; south within Tejas Ward, Las Piedras. 2007396.00; 829847.17, 2007395.96; 829706.15, 2007330.39; 829704.46, (ii) Coordinates: From Yabucoa, 829849.13, 2007395.80; 829849.83, 2007331.40; 829702.85, 2007332.51; Humacao, Juncos, and Punta Guayane´s 2007395.71; 829881.85, 2007391.29; 829701.31, 2007333.73; 829699.85, USGS 1:20,000 quadrangle maps. Unit 3 829883.10, 2007391.09; 829885.02, 2007335.05; 829698.48, 2007336.46; bounded by the following UTM 19 NAD 2007390.67; 829886.91, 2007390.13; 829697.21, 2007337.96; 829696.04, 83 coordinates (E, N): 829888.76, 2007389.47; 829890.56, 2007339.54; 829694.98, 2007341.19; 829623.13, 2007423.98; 829623.16, 2007388.69; 829892.31, 2007387.80; 829694.02, 2007342.91; 829693.18, 2007425.95; 829623.32, 2007427.91; 829894.00, 2007386.79; 829895.61, 2007344.68; 829692.46, 2007346.51; 829623.60, 2007429.85; 829624.02, 2007385.67; 829897.15, 2007384.45; 829692.04, 2007347.75; 829679.00, 2007431.77; 829624.56, 2007433.66; 829898.61, 2007383.13; 829899.98, 2007389.82; 829678.81, 2007390.45; 829625.22, 2007435.51; 829626.00, 2007381.72; 829901.25, 2007380.22; 829678.71, 2007390.79; 829675.10, 2007437.32; 829626.90, 2007439.06; 829902.42, 2007378.64; 829903.49, 2007404.00; 829674.74, 2007403.62 829627.90, 2007440.75; 829629.02, 2007376.99; 829904.44, 2007375.28; 829673.33, 2007402.26; 829671.83, 2007442.37; 829629.38, 2007442.84; 829905.28, 2007373.50; 829906.01, 2007400.98; 829670.25, 2007399.81; 829643.74, 2007461.45; 829644.61, 2007371.67; 829906.61, 2007369.80; 829668.60, 2007398.75; 829666.89, 2007462.52; 829645.93, 2007463.98; 829907.09, 2007367.90; 829907.44, 2007397.79; 829665.11, 2007396.95; 829647.34, 2007465.35; 829648.84, 2007365.96; 829907.67, 2007364.01; 829663.28, 2007396.23; 829661.41, 2007466.62; 829650.41, 2007467.79; 829907.76, 2007362.05; 829907.73, 2007395.62; 829659.51, 2007395.15; 829652.06, 2007468.86; 829653.78, 2007360.08; 829907.57, 2007358.13; 829657.57, 2007394.79; 829655.62, 829907.28, 2007356.18; 829906.87, 2007469.81; 829654.23, 2007470.04; 2007394.57; 829653.66, 2007394.47; 2007354.26; 829906.33, 2007352.37; 829665.53, 2007475.61; 829666.85, 829651.69, 2007394.50; 829649.74, 829905.67, 2007350.52; 829904.89, 2007476.23; 829668.68, 2007476.95; 2007394.66; 829647.79, 2007394.95; 2007348.72; 829903.99, 2007346.97; 829670.55, 2007477.55; 829672.46, 829645.87, 2007395.36; 829643.98, 829902.99, 2007345.28; 829901.87, 2007478.03; 829674.39, 2007478.39; 2007395.90; 829642.13, 2007396.56; 2007343.67; 829900.65, 2007342.13; 829676.34, 2007478.61; 829678.31, 829640.33, 2007397.34; 829638.58, 829899.33, 2007340.67; 829897.92, 2007478.71; 829680.27, 2007478.68; 2007398.24; 829636.89, 2007399.25; 829682.23, 2007478.52; 829682.50, 2007339.30; 829896.42, 2007338.03; 829635.28, 2007400.36; 829633.74, 2007478.49; 829698.24, 2007476.54; 829894.84, 2007336.86; 829893.19, 2007401.58; 829632.28, 2007402.90; 829699.91, 2007476.28; 829701.83, 2007335.79; 829891.47, 2007334.84; 829630.91, 2007404.31; 829629.64, 2007475.87; 829703.72, 2007475.33; 829889.70, 2007334.00; 829887.87, 2007405.81; 829628.47, 2007407.39; 829705.57, 2007474.67; 829707.37, 2007333.27; 829886.00, 2007332.67; 2007473.89; 829709.12, 2007472.99; 829884.09, 2007332.19; 829882.16, 829627.40, 2007409.04; 829626.45, 829710.81, 2007471.98; 829712.42, 2007331.84; 829880.21, 2007331.61; 2007410.76; 829625.61, 2007412.53; 2007470.87; 829713.96, 2007469.65; 829878.25, 2007331.52; 829876.28, 829624.88, 2007414.36; 829624.28, 829715.42, 2007468.33; 829716.79, 2007331.55; 829874.32, 2007331.71; 2007416.23; 829623.80, 2007418.14; 2007466.92; 829718.06, 2007465.42; 829873.62, 2007331.80; 829843.56, 829623.45, 2007420.07; 829623.22, 829719.23, 2007463.84; 829720.30, 2007335.95; 829796.50, 2007336.24; 2007422.02; 829623.13, 2007423.98. 2007462.19; 829721.25, 2007460.47; 829750.67, 2007320.42; 829749.14, (iii) Note: Map of Unit 3 (Map 4) 829722.09, 2007458.70; 829722.82, 2007319.93; 829747.23, 2007319.45; follows: 2007456.87; 829723.42, 2007455.00; 829745.30, 2007319.10; 829743.34, BILLING CODE 4310–55–P

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 60089

BILLING CODE 4310–55–C

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 ER23OC07.003 60090 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations

(9) Unit 4: Emajagua, Maunabo, 830780.50, 1994437.89; 830780.89, 830834.26, 1994143.30; 830834.49, Puerto Rico. 1994437.15; 830781.73, 1994435.37; 1994141.35; 830834.58, 1994139.39; (i) General Description: Unit 4 830782.46, 1994433.55; 830783.06, 830834.55, 1994137.42; 830834.52, consists of approximately 33.0 ac (13.4 1994431.68; 830783.54, 1994429.77; 1994136.87; 830829.02, 1994054.98; ha) between Quebrada Arenas and 830783.89, 1994427.84; 830784.12, 830828.89, 1994053.58; 830828.60, Quebrada Emajagua, north of Road PR– 1994425.89; 830784.19, 1994424.69; 1994051.63; 830828.19, 1994049.71; 901 within Emajagua Ward, Maunabo. 830784.37, 1994420.55; 830925.97, 830827.65, 1994047.82; 830826.99, (ii) Coordinates: From Yabucoa and 1994319.54; 830926.41, 1994319.23; 1994045.97; 830826.21, 1994044.17; Punta Guayane´s USGS 1:20,000 830927.95, 1994318.00; 830929.40, 830825.31, 1994042.42; 830824.30, quadrangle maps. Unit 4 bounded by 1994316.69; 830929.47, 1994316.62; 1994040.73; 830823.19, 1994039.12; the following UTM 19 NAD 83 830981.02, 1994266.48; 830982.32, 830822.35, 1994038.04; 830736.17, coordinates (E, N): 1994265.13; 830983.59, 1994263.63; 1993932.11; 830714.39, 1993876.45; 830301.03, 1993842.17; 830301.06, 830984.76, 1994262.06; 830985.83, 830714.36, 1993876.37; 830713.58, 1993844.14; 830301.22, 1993846.10; 1994260.41; 830986.78, 1994258.69; 1993874.57; 830712.68, 1993872.82; 830301.51, 1993848.04; 830301.93, 830987.63, 1994256.91; 830987.69, 830711.67, 1993871.13; 830710.55, 1993849.96; 830302.46, 1993851.85; 1994256.77; 831019.16, 1994183.23; 1993869.52; 830709.33, 1993867.98; 830303.12, 1993853.70; 830303.91, 831048.99, 1994127.46; 831110.90, 830708.01, 1993866.52; 830706.60, 1993855.50; 830304.80, 1993857.25; 1994086.77; 831152.31, 1994063.55; 1993865.15; 830705.11, 1993863.88; 830305.10, 1993857.77; 830382.85, 831153.89, 1994062.60; 831155.51, 830703.53, 1993862.71; 830701.88, 1993991.51; 830383.56, 1993992.68; 1994061.48; 831157.05, 1994060.26; 1993861.64; 830700.16, 1993860.69; 830384.68, 1993994.30; 830385.90, 831158.50, 1994058.94; 831159.87, 830698.38, 1993859.85; 830696.56, 1993995.83; 830387.22, 1993997.29; 1994057.53; 831161.14, 1994056.03; 1993859.12; 830694.69, 1993858.52; 830388.63, 1993998.66; 830389.55, 831162.31, 1994054.46; 831163.38, 830692.78, 1993858.04; 830690.85, 1993999.46; 830491.53, 1994084.69; 1994052.81; 831164.33, 1994051.09; 1993857.69; 830688.90, 1993857.47; 830602.31, 1994239.62; 830670.30, 831165.17, 1994049.31; 831165.90, 830686.93, 1993857.37; 830684.97, 1994401.70; 830645.67, 1994534.02; 1994047.48; 831166.50, 1994045.61; 1993857.40; 830683.01, 1993857.56; 830645.49, 1994535.09; 830645.27, 831166.98, 1994043.71; 831167.33, 830681.07, 1993857.85; 830679.14, 1994537.04; 830645.17, 1994539.01; 1994041.78; 831167.56, 1994039.82; 1993858.26; 830677.26, 1993858.80; 830645.20, 1994540.97; 830645.36, 831167.65, 1994037.86; 831167.62, 830675.40, 1993859.46; 830673.60, 1994542.93; 830645.65, 1994544.87; 1994035.90; 831167.46, 1994033.94; 1993860.24; 830671.85, 1993861.14; 830646.06, 1994546.79; 830646.60, 831167.18, 1994031.99; 831166.76, 830670.17, 1993862.15; 830668.55, 1994548.68; 830647.26, 1994550.53; 1994030.07; 831166.22, 1994028.18; 1993863.26; 830667.01, 1993864.49; 830648.04, 1994552.34; 830648.94, 831165.56, 1994026.33; 831164.78, 830665.55, 1993865.80; 830664.19, 1994554.09; 830649.02, 1994554.22; 1994024.53; 831163.88, 1994022.78; 1993867.22; 830662.91, 1993868.71; 830603.53, 1994664.55; 830603.03, 831162.88, 1994021.10; 831161.76, 830661.74, 1993870.29; 830660.68, 1994665.86; 830602.43, 1994667.73; 1994019.48; 831160.54, 1994017.94; 1993871.94; 830659.72, 1993873.66; 830601.95, 1994669.64; 830601.59, 831159.22, 1994016.48; 831157.81, 830658.88, 1993875.43; 830658.16, 1994671.57; 830601.37, 1994673.52; 1994015.11; 831156.31, 1994013.84; 1993877.26; 830657.56, 1993879.13; 830601.27, 1994675.49; 830601.30, 831154.73, 1994012.67; 831153.08, 830657.08, 1993881.04; 830656.72, 1994677.45; 830601.46, 1994679.41; 1994011.61; 831151.36, 1994010.65; 1993882.97; 830656.50, 1993884.92; 830601.75, 1994681.35; 830602.16, 831149.59, 1994009.81; 831147.76, 830656.40, 1993886.89; 830656.43, 1994683.28; 830602.70, 1994685.17; 1994009.09; 831145.89, 1994008.48; 1993888.85; 830656.59, 1993890.81; 830603.36, 1994687.02; 830604.14, 831143.98, 1994008.01; 831142.05, 830656.88, 1993892.75; 830657.29, 1994688.82; 830605.04, 1994690.57; 1994007.65; 831140.10, 1994007.43; 1993894.67; 830657.83, 1993896.56; 830606.05, 1994692.25; 830607.17, 831138.14, 1994007.33; 831136.17, 830658.46, 1993898.34; 830681.96, 1994693.87; 830608.39, 1994695.41; 1994007.36; 831134.21, 1994007.52; 1993958.36; 830681.99, 1993958.44; 830609.71, 1994696.87; 830611.12, 831132.27, 1994007.81; 831130.35, 830682.77, 1993960.24; 830683.66, 1994698.23; 830612.62, 1994699.51; 1994008.22; 831128.46, 1994008.76; 1993961.99; 830684.67, 1993963.68; 830614.19, 1994700.68; 830615.84, 831126.61, 1994009.42; 831124.80, 830685.79, 1993965.29; 830686.62, 1994701.74; 830617.56, 1994702.70; 1994010.20; 831123.06, 1994011.10; 1993966.37; 830769.74, 1994068.54; 830619.34, 1994703.54; 830621.17, 831122.95, 1994011.16; 831080.61, 830774.14, 1994134.12; 830721.67, 1994704.26; 830623.04, 1994704.86; 1994034.90; 831079.03, 1994035.85; 1994266.34; 830721.31, 1994267.29; 830624.94, 1994705.34; 830626.87, 831078.79, 1994036.00; 831009.62, 830720.71, 1994269.16; 830720.23, 1994705.70; 830628.83, 1994705.92; 1994081.48; 831008.24, 1994082.44; 1994271.07; 830719.88, 1994273.00; 830630.79, 1994706.02; 830632.75, 831006.70, 1994083.66; 831005.24, 830719.65, 1994274.95; 830719.55, 1994705.99; 830634.71, 1994705.83; 1994084.98; 831003.88, 1994086.39; 1994276.91; 830719.58, 1994278.88; 830636.66, 1994705.54; 830638.58, 831002.61, 1994087.89; 831001.43, 830719.74, 1994280.84; 830719.74, 1994705.13; 830640.47, 1994704.59; 1994089.47; 831000.37, 1994091.12; 1994280.85; 830727.37, 1994347.16; 830642.32, 1994703.93; 830644.12, 830999.64, 1994092.40; 830965.59, 830726.01, 1994379.24; 830656.38, 1994703.15; 830645.87, 1994702.25; 1994156.06; 830965.37, 1994156.49; 1994213.28; 830655.84, 1994212.07; 830647.56, 1994701.24; 830649.17, 830964.52, 1994158.26; 830964.46, 830654.95, 1994210.32; 830653.94, 1994700.12; 830650.71, 1994698.90; 1994158.40; 830934.84, 1994227.62; 1994208.63; 830653.12, 1994207.43; 830652.17, 1994697.58; 830653.54, 830889.23, 1994271.98; 830787.46, 830538.15, 1994046.64; 830537.86, 1994696.17; 830654.81, 1994694.67; 1994344.57; 830787.30, 1994342.66; 1994046.23; 830536.63, 1994044.69; 830655.98, 1994693.10; 830657.04, 830787.30, 1994342.64; 830780.27, 830535.32, 1994043.23; 830533.90, 1994691.45; 830658.00, 1994689.73; 1994281.48; 830832.47, 1994149.96; 1994041.86; 830532.98, 1994041.06; 830658.84, 1994687.95; 830659.06, 830832.83, 1994149.01; 830833.43, 830432.11, 1993956.76; 830357.02, 1994687.44; 830706.46, 1994572.47; 1994147.14; 830833.91, 1994145.24; 1993827.59; 830356.30, 1993826.42;

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830355.19, 1993824.80; 830353.96, 830329.60, 1993812.69; 830327.64, 830305.31, 1993827.23; 830304.35, 1993823.26; 830352.65, 1993821.81; 1993812.84; 830325.70, 1993813.13; 1993828.94; 830303.51, 1993830.72; 830351.23, 1993820.44; 830349.74, 830323.78, 1993813.55; 830321.89, 830302.79, 1993832.55; 830302.19, 1993819.17; 830348.16, 1993818.00; 1993814.08; 830320.04, 1993814.75; 1993834.42; 830301.71, 1993836.32; 830346.51, 1993816.93; 830344.79, 830318.23, 1993815.53; 830316.48, 830301.36, 1993838.26; 830301.13, 1993815.97; 830343.02, 1993815.13; 1993816.42; 830314.80, 1993817.43; 1993840.21; 830301.03, 1993842.17. 830341.19, 1993814.41; 830339.32, 830313.18, 1993818.55; 830311.64, 1993813.81; 830337.41, 1993813.33; 1993819.77; 830310.19, 1993821.09; (iii) Note: Map of Unit 4 (Map 5) 830335.48, 1993812.98; 830333.53, 830308.82, 1993822.50; 830307.55, follows: 1993812.75; 830331.56, 1993812.65; 1993824.00; 830306.37, 1993825.58; BILLING CODE 4310–55–P

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(10) Unit 5: Jacaboa, Patillas, Puerto 820380.40, 1993494.03; 820380.96, 820655.84, 1993223.17; 820653.94, Rico. 1993493.93; 820382.88, 1993493.52; 1993222.70; 820652.01, 1993222.34; (i) General Description: Unit 5 820384.77, 1993492.98; 820386.62, 820650.05, 1993222.12; 820648.09, consists of approximately 10.3 ac (4.2 1993492.32; 820388.43, 1993491.53; 1993222.02; 820646.13, 1993222.06; ha) northwest of road PR–758 within 820390.17, 1993490.64; 820391.86, 820644.17, 1993222.22; 820642.22, Rı´os Ward, Patillas. 1993489.63; 820393.47, 1993488.51; 1993222.50; 820640.30, 1993222.92; (ii) Coordinates: From Yabucoa and 820395.01, 1993487.29; 820396.47, 820639.87, 1993223.03; 820571.82, Punta Tuna USGS 1:20,000 quadrangle 1993485.97; 820397.77, 1993484.63; 1993241.16; 820570.37, 1993241.59; maps. Unit 5 bounded by the following 820514.21, 1993356.97; 820592.94, 820568.52, 1993242.25; 820566.71, UTM 19 NAD 83 coordinates (E, N): 1993297.68; 820655.33, 1993281.06; 1993243.03; 820564.97, 1993243.93; 820101.76, 1993627.91; 820101.80, 820656.79, 1993280.63; 820658.64, 820563.28, 1993244.94; 820561.66, 1993629.87; 820101.96, 1993631.83; 1993279.97; 820660.44, 1993279.19; 1993246.06; 820561.49, 1993246.19; 820102.25, 1993633.77; 820102.66, 820662.19, 1993278.29; 820663.87, 820475.85, 1993310.68; 820474.48, 1993635.69; 820103.20, 1993637.58; 1993277.28; 820665.49, 1993276.16; 1993311.77; 820473.03, 1993313.09; 820103.86, 1993639.43; 820104.64, 820667.03, 1993274.94; 820668.48, 820471.73, 1993314.43; 820360.45, 1993641.24; 820105.54, 1993642.98; 1993273.62; 820669.85, 1993272.21; 1993436.43; 820334.68, 1993440.61; 820106.55, 1993644.67; 820107.67, 820671.12, 1993270.71; 820672.29, 820334.11, 1993440.71; 820332.19, 1993646.28; 820108.89, 1993647.82; 1993269.13; 820673.36, 1993267.48; 1993441.12; 820330.30, 1993441.66; 820110.21, 1993649.28; 820111.62, 820674.31, 1993265.76; 820675.15, 820328.45, 1993442.32; 820326.65, 1993650.65; 820113.12, 1993651.92; 1993263.99; 820675.87, 1993262.16; 1993443.11; 820324.90, 1993444.00; 820114.70, 1993653.09; 820116.35, 820676.47, 1993260.29; 820676.95, 820323.22, 1993445.01; 820321.60, 1993654.15; 820118.07, 1993655.11; 1993258.38; 820677.30, 1993256.45; 1993446.13; 820321.12, 1993446.50; 820119.84, 1993655.95; 820121.67, 820677.53, 1993254.50; 820677.62, 820216.36, 1993527.53; 820113.79, 1993656.67; 820123.54, 1993657.27; 1993252.54; 820677.59, 1993250.57; 1993604.37; 820112.36, 1993605.50; 820125.45, 1993657.75; 820127.38, 820677.43, 1993248.61; 820677.14, 820110.90, 1993606.82; 820109.54, 1993658.10; 820129.33, 1993658.32; 1993246.67; 820676.73, 1993244.75; 1993608.23; 820108.27, 1993609.73; 820131.30, 1993658.42; 820133.26, 820676.19, 1993242.86; 820675.53, 820107.10, 1993611.31; 820106.03, 1993658.39; 820135.22, 1993658.23; 1993241.01; 820674.74, 1993239.21; 1993612.96; 820105.08, 1993614.68; 820137.16, 1993657.94; 820139.08, 820673.85, 1993237.46; 820672.84, 820104.24, 1993616.46; 820103.52, 1993657.52; 820140.97, 1993656.98; 1993235.77; 820671.72, 1993234.16; 1993618.28; 820102.91, 1993620.15; 820142.82, 1993656.32; 820144.62, 820670.50, 1993232.62; 820669.18, 820102.44, 1993622.06; 820102.09, 1993655.54; 820146.37, 1993654.64; 1993231.16; 820667.76, 1993229.80; 1993623.99; 820101.86, 1993625.94; 820148.06, 1993653.63; 820149.67, 820666.27, 1993228.53; 820664.69, 820101.76, 1993627.91. 1993652.51; 820149.79, 1993652.43; 1993227.36; 820663.04, 1993226.29; (iii) Note: Map of Unit 5 (Map 6) 820252.55, 1993575.46; 820252.92, 820661.32, 1993225.34; 820659.54, follows: 1993575.18; 820351.83, 1993498.67; 1993224.50; 820657.72, 1993223.77; BILLING CODE 4310–55–P

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(11) Unit 6: Calabazas, Yabucoa, 825269.89, 1999257.75; 825269.92, 1999064.11; 825772.37, 1999062.19; Puerto Rico. 1999259.72; 825270.08, 1999261.68; 825771.83, 1999060.30; 825771.17, (i) General Description: Unit 6 825270.37, 1999263.62; 825270.78, 1999058.45; 825770.39, 1999056.65; consists of approximately 13.8 ac (5.6 1999265.54; 825271.32, 1999267.43; 825769.49, 1999054.90; 825768.48, ha), including lands northeast of road 825271.98, 1999269.28; 825272.76, 1999053.21; 825767.37, 1999051.60; PR–900, between Quebrada Guayabo to 1999271.09; 825273.66, 1999272.83; 825766.15, 1999050.06; 825764.83, the south and Rı´o Guayane´s to the 825274.67, 1999274.52; 825275.79, 1999048.60; 825763.41, 1999047.23; north, and south of Guayane´s Unit, 1999276.13; 825277.01, 1999277.67; 825761.92, 1999045.96; 825760.34, within Calabazas Ward, Yabucoa. 825278.33, 1999279.13; 825279.74, 1999044.79; 825758.69, 1999043.72; (ii) Coordinates: From Yabucoa USGS 1999280.50; 825281.24, 1999281.77; 825756.97, 1999042.77; 825755.19, 825282.82, 1999282.94; 825284.47, 1:20,000 quadrangle map. Unit 6 1999041.93; 825753.37, 1999041.21; 1999284.01; 825286.19, 1999284.96; bounded by the following UTM 19 NAD 825751.50, 1999040.60; 825749.59, 825287.96, 1999285.80; 825289.79, 83 coordinates (E, N): 1999040.13; 825747.66, 1999039.77; 1999286.52; 825291.66, 1999287.13; 825745.71, 1999039.55; 825743.74, 825303.81, 1999020.54; 825324.29, 825293.57, 1999287.60; 825295.50, 1999039.45; 825741.78, 1999039.48; 1999071.68; 825361.95, 1999106.10; 1999287.96; 825297.45, 1999288.18; 825739.82, 1999039.64; 825737.88, 825427.53, 1999113.37; 825493.52, 825299.41, 1999288.28; 825301.38, 1999039.93; 825735.96, 1999040.35; 1999090.98; 825544.83, 1999057.79; 1999288.25; 825303.34, 1999288.09; 825734.07, 1999040.89; 825732.22, 825546.92, 1999059.93; 825572.78, 825305.28, 1999287.80; 825307.20, 1999041.55; 825730.41, 1999042.33; 1999028.51; 825577.55, 1998990.44; 1999287.38; 825309.09, 1999286.85; 825728.66, 1999043.22; 825726.98, 825576.37, 1998922.62; 825547.19, 825310.94, 1999286.18; 825312.74, 1999044.23; 825725.36, 1999045.35; 1998888.32; 825518.03, 1998851.89; 1999285.40; 825314.49, 1999284.51; 825724.81, 1999045.77; 825696.49, 825465.30, 1998834.21; 825446.21, 825316.18, 1999283.50; 825316.22, 1999067.79; 825611.42, 1999098.11; 1998836.06; 825416.29, 1998854.72; 1999283.47; 825459.03, 1999191.10; 825441.33, 1999133.44; 825440.15, 825377.77, 1998881.73; 825354.21, 825625.66, 1999156.49; 825626.84, 1999133.71; 825438.26, 1999134.25; 1998900.47; 825325.99, 1998948.81; 1999156.22; 825628.73, 1999155.68; 825436.41, 1999134.91; 825434.60, 825629.63, 1999155.37; 825721.19, 825303.81, 1999020.54. 1999135.69; 825432.86, 1999136.59; 1999122.74; 825722.14, 1999122.38; (iii) Note: The map depicting Unit 6 825431.17, 1999137.60; 825431.13, 825723.95, 1999121.60; 825725.69, is provided at paragraph (12)(iii) of this 1999137.62; 825283.60, 1999233.04; 1999120.71; 825727.38, 1999119.70; entry. 825282.03, 1999234.13; 825280.49, 825728.99, 1999118.58; 825729.55, ´ 1999235.35; 825279.04, 1999236.67; (12) Unit 7: Guayanes, Yabucoa, 1999118.16; 825761.67, 1999093.18; 825277.67, 1999238.08; 825276.40, Puerto Rico. 825762.66, 1999092.38; 825764.12, 1999239.58; 825275.23, 1999241.16; (i) General Description: Unit 7 1999091.06; 825765.49, 1999089.65; 825274.16, 1999242.81; 825273.21, consists of approximately 7.9 ac (3.2 ha) 825766.76, 1999088.15; 825767.93, 1999244.53; 825272.37, 1999246.30; northeast of Road PR–900 between 1999086.57; 825768.99, 1999084.92; Quebrada Guayabo to the south and Rı´o 825769.95, 1999083.20; 825770.79, 825271.64, 1999248.13; 825271.04, Guayane´s to the north, and north of Unit 1999081.43; 825771.51, 1999079.60; 1999250.00; 825270.56, 1999251.91; 6, within Calabazas Ward, Yabucoa. 825772.11, 1999077.73; 825772.59, 825270.21, 1999253.84; 825269.99, (ii) Coordinates: From Yabucoa USGS 1999075.82; 825772.94, 1999073.89; 1999255.79; 825269.89, 1999257.75. 1:20,000 quadrangle map. Unit 7 825773.17, 1999071.94; 825773.27, (iii) Note: Map of Units 6 and 7 (Map bounded by the following UTM 19 NAD 1999069.98; 825773.23, 1999068.01; 7) follows: 83 coordinates (E, N): 825773.07, 1999066.05; 825772.79, BILLING CODE 4310–55–P

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(13) Unit 8: Panduras, Yabucoa, 1997000.06; 828042.04, 1997020.99; 1997093.53; 827584.59, 1997247.43; Puerto Rico. 828043.90, 1997021.45; 828045.83, 827584.03, 1997248.65; 827583.30, (i) General Description: Unit 8 1997021.80; 828047.79, 1997022.03; 1997250.48; 827582.70, 1997252.35; consists of approximately 28.6 ac (11.6 828049.75, 1997022.12; 828051.71, 827582.22, 1997254.26; 827581.99, ha) to the northwest and southeast of 1997022.09; 828053.67, 1997021.93; 1997255.45; 827566.51, 1997344.29; Road PR–3 within Calabazas Ward, 828055.62, 1997021.65; 828057.54, 827566.39, 1997345.02; 827566.17, Yabucoa, and 18.2 ac (7.4 ha) of lands 1997021.23; 828059.35, 1997020.72; 1997346.98; 827566.07, 1997348.94. owned by the Puerto Rico Conservation 828145.05, 1996993.46; 828145.12, (iii) Note: The map depicting Unit 8 Trust near the top of Cerro La Pandura. 1996993.44; 828146.97, 1996992.78; is provided at paragraph (14)(iii) of this (ii) Coordinates: From Yabucoa USGS 828148.78, 1996992.00; 828150.52, entry. 1:20,000 quadrangle map. Unit 8 1996991.10; 828152.21, 1996990.09; (14) Unit 9: Talante, Yabucoa- bounded by the following UTM 19 NAD 828153.83, 1996988.97; 828155.37, Maunabo, Puerto Rico. 83 coordinates (E, N): 1996987.75; 828156.82, 1996986.43; (i) General Description: Unit 9 827566.07, 1997348.94; 827566.10, 828158.19, 1996985.02; 828159.46, consists of approximately 23.5 ac (9.5 1997350.90; 827566.26, 1997352.86; 1996983.52; 828160.63, 1996981.95; ha) east of Road PR–3, including the 827566.55, 1997354.81; 827566.96, 828161.06, 1996981.32; 828201.73, headwaters of the Talante Creek and 1997356.73; 827567.50, 1997358.62; 1996919.32; 828202.37, 1996918.29; five unnamed drainages. About 2.8 ac 827568.16, 1997360.47; 827568.94, 828203.33, 1996916.58; 828204.17, (1.1 ha) of Unit 9 are located within 1997362.27; 827569.84, 1997364.02; 1996914.80; 828204.82, 1996913.16; Calabazas Ward, Yabucoa, and the 827570.13, 1997364.53; 827611.88, 828225.52, 1996856.56; 828225.58, remaining 21.6 ac (8.7 ha) are located 1997436.35; 827612.60, 1997437.52; 1996856.38; 828226.18, 1996854.51; within Talante Ward, Maunabo. 827613.72, 1997439.14; 827614.94, 828226.66, 1996852.60; 828227.02, (ii) Coordinates: From Yabucoa USGS 1997440.68; 827616.26, 1997442.13; 1996850.67; 828227.24, 1996848.72; 1:20,000 quadrangle map. Unit 9 827617.67, 1997443.50; 827619.16, 828227.28, 1996848.25; 828230.87, bounded by the following UTM 19 NAD 1997444.77; 827620.74, 1997445.94; 1996794.26; 828230.93, 1996792.77; 83 coordinates (E, N): 827622.39, 1997447.01; 827624.11, 828230.90, 1996790.81; 828230.74, 827501.36, 1996260.52; 827501.40, 1997447.96; 827625.89, 1997448.80; 1996788.85; 828230.45, 1996786.90; 1996262.48; 827501.41, 1996262.67; 827627.71, 1997449.53; 827629.58, 828230.04, 1996784.98; 828229.50, 827503.20, 1996295.22; 827502.70, 1997450.13; 827631.49, 1997450.61; 1996783.09; 828228.84, 1996781.24; 1996331.19; 827502.73, 1996333.01; 827633.42, 1997450.96; 827635.38, 828228.06, 1996779.44; 828227.16, 827504.51, 1996371.21; 827504.52, 1997451.18; 827637.34, 1997451.28; 1996777.69; 828226.15, 1996776.01; 1996371.27; 827504.68, 1996373.23; 827639.30, 1997451.25; 827641.26, 828225.03, 1996774.39; 828223.81, 827504.96, 1996375.18; 827505.38, 1997451.09; 827643.20, 1997450.80; 1996772.85; 828222.49, 1996771.39; 1996377.10; 827505.92, 1996378.99; 827645.13, 1997450.39; 827647.02, 828221.16, 1996770.10; 828170.61, 827506.58, 1996380.84; 827506.64, 1997449.85; 827648.87, 1997449.19; 1996723.90; 828170.53, 1996723.82; 1996380.97; 827506.08, 1996421.48; 827650.67, 1997448.41; 827652.42, 828169.03, 1996722.55; 828167.45, 827506.11, 1996423.36; 827506.11, 1997447.51; 827654.10, 1997446.50; 1996721.38; 828165.80, 1996720.31; 1996423.48; 827507.89, 1996457.21; 827655.72, 1997445.38; 827657.26, 828164.09, 1996719.36; 828162.31, 827507.49, 1996486.28; 827507.52, 1997444.16; 827658.72, 1997442.84; 1996718.52; 828162.31, 1996718.52; 1996488.16; 827507.68, 1996490.12; 827660.08, 1997441.43; 827661.35, 828160.48, 1996717.80; 828158.61, 827507.97, 1996492.06; 827508.39, 1997439.93; 827662.53, 1997438.36; 1996717.19; 828156.71, 1996716.72; 1996493.99; 827508.93, 1996495.87; 827663.59, 1997436.70; 827664.55, 828154.77, 1996716.36; 828152.82, 827509.59, 1996497.73; 827510.37, 1997434.99; 827665.39, 1997433.21; 1996716.14; 828150.86, 1996716.04; 1996499.53; 827511.26, 1996501.28; 827666.11, 1997431.38; 827666.71, 828149.74, 1996716.04; 828067.24, 827512.08, 1996502.66; 827524.53, 1997429.51; 827667.19, 1997427.61; 1996717.74; 828066.40, 1996717.77; 1996522.50; 827524.72, 1996522.80; 827667.54, 1997425.68; 827667.77, 828064.44, 1996717.93; 828062.49, 827525.84, 1996524.42; 827527.06, 1997423.72; 827667.86, 1997421.76; 1996718.22; 828060.57, 1996718.63; 1996525.96; 827528.38, 1996527.41; 827667.83, 1997419.80; 827667.67, 828058.68, 1996719.17; 828056.83, 827529.79, 1996528.78; 827531.28, 1997417.84; 827667.39, 1997415.89; 1996719.83; 828055.03, 1996720.61; 1996530.04; 827548.77, 1996543.95; 827666.97, 1997413.97; 827666.43, 828054.09, 1996721.08; 827968.16, 827551.50, 1996556.77; 827550.16, 1997412.08; 827665.77, 1997410.23; 1996765.39; 827967.35, 1996765.82; 1996581.70; 827550.12, 1996582.81; 827664.99, 1997408.43; 827664.09, 827965.66, 1996766.83; 827964.05, 827550.15, 1996584.77; 827550.31, 1997406.68; 827663.80, 1997406.17; 1996767.95; 827962.51, 1996769.17; 1996586.73; 827550.60, 1996588.68; 827627.55, 1997343.81; 827640.42, 827961.05, 1996770.49; 827959.68, 827551.01, 1996590.60; 827551.01, 1997269.96; 827711.77, 1997123.84; 1996771.90; 827958.41, 1996773.40; 1996590.60; 827551.55, 1996592.49; 827786.66, 1997042.73; 827883.73, 827957.24, 1996774.98; 827956.17, 827552.11, 1996594.08; 827562.90, 1996967.26; 827884.71, 1996966.46; 1996776.63; 827955.26, 1996778.28; 1996622.18; 827570.11, 1996645.71; 827886.17, 1996965.14; 827887.54, 827922.76, 1996841.09; 827880.59, 827570.06, 1996646.71; 827570.05, 1996963.73; 827888.44, 1996962.69; 1996878.48; 827879.64, 1996879.36; 1996647.35; 827570.13, 1996664.90; 827912.27, 1996933.87; 827952.33, 827878.28, 1996880.77; 827877.37, 827554.06, 1996695.96; 827554.02, 1996988.85; 827952.47, 1996989.05; 1996881.82; 827844.26, 1996921.88; 1996696.03; 827553.61, 1996696.87; 827953.69, 1996990.59; 827955.01, 827747.85, 1996996.84; 827746.86, 827529.60, 1996747.39; 827529.18, 1996992.05; 827956.43, 1996993.41; 1996997.64; 827745.40, 1996998.96; 1996748.32; 827528.45, 1996750.15; 827957.92, 1996994.69; 827959.50, 827744.22, 1997000.18; 827664.66, 827527.85, 1996752.02; 827527.37, 1996995.86; 827961.15, 1996996.92; 1997086.34; 827664.48, 1997086.53; 1996753.93; 827527.02, 1996755.86; 827962.87, 1996997.88; 827964.64, 827663.21, 1997088.03; 827662.04, 827526.80, 1996757.81; 827526.70, 1996998.72; 827966.47, 1996999.44; 1997089.61; 827660.97, 1997091.26; 1996759.77; 827526.70, 1996761.01; 827968.34, 1997000.04; 827968.39, 827660.02, 1997092.98; 827659.74, 827528.06, 1996816.12; 827528.09,

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 60098 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations

1996816.85; 827528.25, 1996818.81; 1996663.92; 827706.94, 1996662.42; 1996463.32; 827652.59, 1996463.96; 827528.53, 1996820.75; 827528.95, 827708.11, 1996660.84; 827709.17, 827580.29, 1996492.29; 827572.67, 1996822.67; 827529.49, 1996824.56; 1996659.19; 827709.17, 1996659.19; 1996486.23; 827567.66, 1996478.25; 827529.57, 1996824.81; 827547.87, 827710.13, 1996657.47; 827710.97, 827567.96, 1996457.04; 827567.93, 1996880.16; 827548.45, 1996881.75; 1996655.70; 827710.97, 1996655.70; 1996455.16; 827567.92, 1996455.04; 827549.23, 1996883.56; 827550.13, 827711.69, 1996653.87; 827712.29, 827566.14, 1996421.31; 827566.34, 1996885.30; 827551.14, 1996886.99; 1996652.00; 827712.77, 1996650.09; 1996406.71; 827631.73, 1996413.78; 827552.25, 1996888.61; 827553.48, 827713.12, 1996648.16; 827713.35, 827632.50, 1996413.86; 827634.46, 1996890.15; 827554.80, 1996891.60; 1996646.21; 827713.45, 1996644.25; 1996413.95; 827636.42, 1996413.92; 827554.86, 1996891.66; 827590.37, 827713.42, 1996642.28; 827713.26, 827638.38, 1996413.76; 827640.33, 1996928.18; 827591.34, 1996929.13; 1996640.32; 827712.97, 1996638.38; 1996413.47; 827642.25, 1996413.06; 827639.45, 1996974.29; 827639.83, 827712.55, 1996636.46; 827712.01, 827644.14, 1996412.52; 827645.99, 1996974.64; 827641.33, 1996975.92; 1996634.57; 827711.35, 1996632.72; 1996411.86; 827645.99, 1996411.86; 827642.90, 1996977.09; 827644.56, 827711.35, 1996632.72; 827710.57, 827647.79, 1996411.08; 827649.54, 1996978.15; 827646.27, 1996979.11; 1996630.92; 827709.68, 1996629.17; 1996410.18; 827651.22, 1996409.17; 827648.05, 1996979.95; 827649.88, 827709.68, 1996629.17; 827708.67, 827652.84, 1996408.05; 827654.38, 1996980.67; 827651.75, 1996981.27; 1996627.48; 827707.55, 1996625.87; 1996406.83; 827655.84, 1996405.51; 827653.65, 1996981.75; 827655.58, 827706.33, 1996624.33; 827705.01, 827657.20, 1996404.10; 827658.48, 1996982.10; 827657.54, 1996982.33; 1996622.87; 827703.60, 1996621.50; 1996402.61; 827659.65, 1996401.03; 827659.50, 1996982.43; 827661.46, 827702.10, 1996620.23; 827700.52, 827660.71, 1996399.38; 827661.67, 1996982.39; 827663.42, 1996982.23; 1996619.06; 827698.87, 1996617.99; 1996397.66; 827662.51, 1996395.88; 827665.37, 1996981.95; 827667.29, 827698.87, 1996617.99; 827697.15, 827662.51, 1996395.88; 827663.23, 1996981.53; 827669.18, 1996980.99; 1996617.04; 827695.38, 1996616.20; 1996394.06; 827663.83, 1996392.19; 827671.03, 1996980.33; 827672.83, 827695.38, 1996616.20; 827693.55, 827664.31, 1996390.28; 827664.66, 1996979.55; 827674.58, 1996978.65; 1996615.47; 827691.68, 1996614.87; 1996388.35; 827664.89, 1996386.39; 827676.26, 1996977.65; 827677.88, 827689.77, 1996614.39; 827687.84, 827664.99, 1996384.43; 827664.95, 1996976.53; 827679.42, 1996975.31; 1996614.04; 827685.89, 1996613.82; 1996382.47; 827664.79, 1996380.51; 827680.88, 1996973.99; 827682.24, 827683.93, 1996613.72; 827682.99, 827664.51, 1996378.57; 827664.09, 1996972.58; 827683.52, 1996971.08; 1996613.72; 827623.38, 1996614.57; 1996376.64; 827663.55, 1996374.75; 827684.69, 1996969.50; 827685.75, 827620.02, 1996603.60; 827619.90, 827662.89, 1996372.90; 827662.89, 1996967.85; 827686.71, 1996966.13; 1996603.21; 827619.34, 1996601.62; 1996372.90; 827662.11, 1996371.10; 827687.55, 1996964.36; 827688.27, 827610.47, 1996578.53; 827611.68, 827661.21, 1996369.35; 827661.21, 1996962.53; 827688.87, 1996960.66; 1996556.03; 827611.72, 1996554.91; 1996369.35; 827660.20, 1996367.67; 827689.35, 1996958.75; 827689.70, 827611.69, 1996552.95; 827611.53, 827659.09, 1996366.05; 827657.87, 1996956.82; 827689.93, 1996954.87; 1996550.99; 827611.24, 1996549.05; 1996364.51; 827656.55, 1996363.05; 827690.03, 1996952.90; 827689.99, 827611.07, 1996548.16; 827610.79, 827655.14, 1996361.69; 827653.64, 1996950.94; 827689.83, 1996948.98; 1996546.87; 827675.26, 1996519.57; 1996360.42; 827652.06, 1996359.25; 827689.55, 1996947.04; 827689.13, 827676.37, 1996519.07; 827678.12, 827650.41, 1996358.18; 827648.69, 1996945.12; 827688.59, 1996943.23; 1996518.17; 827679.81, 1996517.16; 1996357.22; 827646.92, 1996356.38; 827687.93, 1996941.38; 827687.15, 827681.42, 1996516.04; 827682.96, 827646.92, 1996356.38; 827645.09, 1996939.57; 827686.25, 1996937.83; 1996514.82; 827684.42, 1996513.50; 1996355.66; 827643.22, 1996355.06; 827685.25, 1996936.14; 827684.13, 827685.79, 1996512.09; 827687.06, 827641.31, 1996354.58; 827639.38, 1996934.52; 827682.91, 1996932.98; 1996510.59; 827688.23, 1996509.01; 1996354.23; 827639.14, 1996354.19; 827681.59, 1996931.53; 827680.55, 827689.30, 1996507.36; 827690.25, 827563.34, 1996343.54; 827562.76, 1996930.51; 827632.94, 1996885.81; 1996505.65; 827691.09, 1996503.87; 1996331.12; 827563.26, 1996295.01; 827602.72, 1996854.74; 827587.99, 827691.81, 1996502.04; 827692.42, 827563.23, 1996293.13; 827563.22, 1996810.19; 827586.92, 1996766.70; 1996500.17; 827692.89, 1996498.27; 1996292.95; 827561.59, 1996263.45; 827607.63, 1996723.10; 827620.43, 827693.25, 1996496.33; 827693.47, 827570.34, 1996223.52; 827594.25, 1996698.38; 827621.14, 1996697.71; 1996494.38; 827693.57, 1996492.42; 1996193.51; 827594.27, 1996193.48; 827622.51, 1996696.30; 827623.78, 827693.54, 1996490.45; 827693.38, 827595.44, 1996191.90; 827596.51, 1996694.80; 827624.95, 1996693.22; 1996488.50; 827693.09, 1996486.55; 1996190.25; 827597.46, 1996188.53; 827626.01, 1996691.57; 827626.97, 827692.68, 1996484.63; 827692.14, 827598.30, 1996186.75; 827599.03, 1996689.86; 827627.81, 1996688.08; 1996482.74; 827691.48, 1996480.89; 1996184.93; 827599.63, 1996183.06; 827628.53, 1996686.25; 827629.14, 827690.69, 1996479.09; 827689.80, 827600.11, 1996181.15; 827600.46, 1996684.38; 827629.61, 1996682.48; 1996477.34; 827688.79, 1996475.65; 1996179.22; 827600.69, 1996177.27; 827629.97, 1996680.54; 827630.19, 827687.67, 1996474.04; 827686.45, 827600.78, 1996175.30; 827600.79, 1996678.59; 827630.29, 1996676.63; 1996472.50; 827685.13, 1996471.04; 1996174.55; 827600.57, 1996148.78; 827630.29, 1996676.01; 827684.67, 827683.72, 1996469.67; 827682.22, 827600.59, 1996148.79; 827607.79, 1996673.75; 827684.89, 1996673.74; 1996468.40; 827680.64, 1996467.23; 1996201.75; 827608.00, 1996203.07; 827686.84, 1996673.58; 827688.79, 827678.99, 1996466.17; 827677.27, 827608.41, 1996204.99; 827608.95, 1996673.29; 827690.71, 1996672.87; 1996465.21; 827675.50, 1996464.37; 1996206.88; 827609.61, 1996208.73; 827692.60, 1996672.34; 827694.45, 827673.67, 1996463.65; 827671.80, 827609.81, 1996209.22; 827634.31, 1996671.67; 827694.45, 1996671.67; 1996463.05; 827669.90, 1996462.57; 1996268.25; 827650.95, 1996310.98; 827696.25, 1996670.89; 827698.00, 827667.96, 1996462.21; 827666.01, 827651.00, 1996311.11; 827651.78, 1996670.00; 827698.00, 1996670.00; 1996461.99; 827664.05, 1996461.89; 1996312.91; 827652.68, 1996314.66; 827699.69, 1996668.99; 827701.30, 827662.08, 1996461.92; 827660.12, 827653.69, 1996316.35; 827654.80, 1996667.87; 827702.84, 1996666.65; 1996462.08; 827658.18, 1996462.37; 1996317.96; 827656.02, 1996319.50; 827704.30, 1996665.33; 827705.66, 827656.26, 1996462.79; 827654.37, 827657.34, 1996320.96; 827657.40,

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1996321.02; 827719.64, 1996385.01; 1996379.33; 827791.59, 1996377.52; 1996084.70; 827588.61, 1996084.70; 827741.95, 1996410.24; 827742.86, 827790.70, 1996375.77; 827789.69, 827586.72, 1996085.24; 827586.03, 1996411.23; 827744.27, 1996412.59; 1996374.09; 827788.57, 1996372.47; 1996085.47; 827560.45, 1996094.38; 827745.77, 1996413.86; 827747.35, 827787.35, 1996370.93; 827786.94, 827559.30, 1996094.80; 827557.49, 1996415.04; 827749.00, 1996416.10; 1996370.46; 827764.16, 1996344.69; 1996095.59; 827555.75, 1996096.48; 827750.71, 1996417.06; 827752.49, 827763.25, 1996343.71; 827763.19, 827554.06, 1996097.49; 827552.44, 1996417.90; 827754.32, 1996418.62; 1996343.65; 827704.70, 1996283.52; 1996098.61; 827550.90, 1996099.83; 827756.19, 1996419.22; 827758.09, 827690.15, 1996246.15; 827690.10, 827549.45, 1996101.15; 827548.08, 1996419.70; 827760.03, 1996420.05; 1996246.02; 827689.90, 1996245.54; 1996102.56; 827546.81, 1996104.06; 827761.98, 1996420.28; 827763.94, 827666.77, 1996189.80; 827657.85, 827545.64, 1996105.64; 827544.57, 1996420.37; 827765.91, 1996420.34; 1996124.12; 827657.64, 1996122.80; 1996107.29; 827543.62, 1996109.01; 827767.87, 1996420.18; 827769.81, 827657.22, 1996120.88; 827656.68, 827542.78, 1996110.78; 827542.05, 1996419.90; 827771.73, 1996419.48; 1996118.99; 827656.02, 1996117.14; 1996112.61; 827541.45, 1996114.48; 827773.62, 1996418.94; 827775.47, 827655.24, 1996115.33; 827654.34, 827540.97, 1996116.38; 827540.62, 1996418.28; 827777.27, 1996417.50; 1996113.59; 827653.34, 1996111.90; 1996118.32; 827540.40, 1996120.27; 827779.02, 1996416.60; 827780.71, 827652.22, 1996110.28; 827651.00, 827540.30, 1996122.23; 827540.30, 1996415.59; 827782.32, 1996414.48; 1996108.74; 827649.68, 1996107.29; 1996122.99; 827540.64, 1996164.41; 827783.86, 1996413.25; 827785.32, 827648.27, 1996105.92; 827646.77, 827519.02, 1996191.56; 827518.99, 1996411.94; 827786.69, 1996410.52; 1996104.65; 827645.19, 1996103.48; 1996191.60; 827517.82, 1996193.18; 827787.96, 1996409.03; 827789.13, 827643.54, 1996102.41; 827641.82, 827516.75, 1996194.83; 827515.80, 1996407.45; 827790.19, 1996405.80; 1996101.46; 827640.30, 1996100.73; 1996196.54; 827514.96, 1996198.32; 827791.15, 1996404.08; 827791.99, 827608.11, 1996086.40; 827607.85, 827514.23, 1996200.15; 827513.63, 1996402.30; 827792.71, 1996400.48; 1996086.29; 827607.85, 1996086.29; 1996202.02; 827513.17, 1996203.85; 827793.31, 1996398.61; 827793.79, 827606.02, 1996085.57; 827604.15, 827502.06, 1996254.60; 827502.04, 1996396.70; 827794.15, 1996394.77; 1996084.96; 827604.15, 1996084.96; 1996254.67; 827501.69, 1996256.61; 827794.37, 1996392.82; 827794.47, 827602.25, 1996084.49; 827600.31, 827501.46, 1996258.56; 827501.36, 1996390.85; 827794.44, 1996388.89; 1996084.13; 827598.36, 1996083.91; 1996260.52. 827794.28, 1996386.93; 827793.99, 827596.40, 1996083.81; 827594.44, (iii) Note: Map of Units 8 and 9 (Map 1996384.99; 827793.58, 1996383.07; 1996083.84; 827592.48, 1996084.00; 8) follows: 827793.04, 1996381.18; 827792.37, 827590.53, 1996084.29; 827588.61, BILLING CODE 4310–55–P

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(15) Unit 10: Guayabota, Yabucoa, (ii) Coordinates: From Yabucoa and 818925.95, 2001999.12; 818936.95, Puerto Rico. Patillas USGS 1:20,000 quadrangle 2001969.61; 818946.01, 2001927.36; (i) General Description: Unit 10 maps. Unit 10 bounded by the following 818917.06, 2001876.11; 818883.41, consists of approximately 13.1 ac (5.3 UTM 19 NAD 83 coordinates (E, N): 2001858.69; 818834.74, 2001853.78; ha) to the northeast of intersection of 818663.90, 2001950.98; 818669.55, 818779.64, 2001855.13; 818739.10, roads PR–181 to the east, and PR–182 2002001.91; 818692.20, 2002048.84; 2001875.75; 818691.94, 2001915.35; and Rio Guayane´s to the south, and 818715.15, 2002074.58; 818757.13, 818689.82, 2001915.32; 818663.90, south of the municipal boundary with 2002102.71; 818816.53, 2002097.18; 2001950.98. San Lorenzo, within Guayabota Ward, 818863.37, 2002080.88; 818903.97, (iii) Note: Map of Unit 10 (Map 9) Yabucoa. 2002056.02; 818923.80, 2002001.21; follows:

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BILLING CODE 4310–55–C

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(16) Unit 11: Guayabito, Yabucoa, 1999297.91; 822864.14, 1999296.26; (17) Unit 12: Guayabo, Yabucoa, Puerto Rico. 822865.10, 1999294.55; 822865.94, Puerto Rico. (i) General Description: Unit 11 1999292.77; 822866.66, 1999290.94; (i) General Description: Unit 12 consists of approximately 17.3 ac (7.0 822867.26, 1999289.07; 822867.74, consists of approximately 9.8 ac (3.9 ha) ha) south of Road PR–900 and north of 1999287.17; 822868.09, 1999285.23; within Guayabota Ward, Yabucoa, the Maunabo boundary, within 822868.32, 1999283.28; 822868.41, crossing Road PR–900, north of the Guayabota Ward, Yabucoa. 1999281.32; 822868.42, 1999280.68; Maunabo boundary, and about 3,025 ft (ii) Coordinates: From Yabucoa USGS 822868.13, 1999220.49; 822872.70, (922 m) west of Unit 11. 1:20,000 quadrangle map. Unit 11 1999182.15; 822872.81, 1999181.05; (ii) Coordinates: From Yabucoa USGS bounded by the following UTM 19 NAD 822872.89, 1999179.72; 822875.48, 1:20,000 quadrangle map. Unit 12 is 83 coordinates (E, N): 1999111.28; 822875.49, 1999110.64; bounded by the following UTM 19 NAD 822520.09, 1998835.84; 822520.13, 822875.46, 1999108.68; 822875.30, 83 coordinates (E, N): 1998837.81; 822520.29, 1998839.76; 1999106.72; 822875.01, 1999104.77; 821249.15, 1999215.02; 821249.18, 822520.57, 1998841.71; 822520.99, 822874.60, 1999102.85; 822874.06, 1999216.98; 821249.34, 1999218.94; 1998843.63; 822521.53, 1998845.52; 1999100.96; 822873.40, 1999099.11; 821249.63, 1999220.88; 821250.04, 822522.19, 1998847.37; 822522.97, 822873.18, 1999098.57; 822846.96, 1999222.80; 821250.19, 1999223.36; 1998849.17; 822523.87, 1998850.92; 1999035.79; 822846.40, 1999034.52; 821255.15, 1999241.68; 821255.54, 822524.88, 1998852.61; 822526.00, 822845.50, 1999032.78; 822844.49, 1999243.01; 821256.21, 1999244.86; 1998854.22; 822527.22, 1998855.76; 1999031.09; 822843.37, 1999029.48; 821256.99, 1999246.67; 821257.88, 822528.54, 1998857.22; 822529.95, 822842.15, 1999027.94; 822840.83, 1999248.41; 821258.89, 1999250.10; 1998858.58; 822531.45, 1998859.85; 1999026.48; 822840.54, 1999026.18; 821260.01, 1999251.72; 821261.23, 822533.03, 1998861.02; 822534.68, 822738.32, 1998923.47; 822737.20, 1999253.25; 821262.55, 1999254.71; 1998862.09; 822536.39, 1998863.04; 1998922.41; 822735.70, 1998921.14; 821263.97, 1999256.08; 821265.46, 822538.17, 1998863.88; 822540.00, 822734.13, 1998919.96; 822733.36, 1999257.35; 821267.04, 1999258.52; 1998864.61; 822541.87, 1998865.21; 1998919.47; 822704.39, 1998865.19; 821268.69, 1999259.58; 821270.41, 822543.77, 1998865.69; 822545.32, 822704.15, 1998864.75; 822703.14, 1999260.54; 821272.19, 1999261.38; 1998865.98; 822611.77, 1998876.73; 1998863.06; 822702.02, 1998861.45; 821274.01, 1999262.10; 821275.88, 822655.55, 1998901.23; 822685.38, 822700.80, 1998859.91; 822699.48, 1999262.70; 821276.77, 1999262.94; 1998957.12; 822733.68, 1999416.01; 1998858.45; 822698.06, 1998857.09; 821304.05, 1999269.84; 821305.07, 822733.71, 1999416.30; 822734.00, 822696.57, 1998855.82; 822694.99, 1999270.08; 821307.00, 1999270.43; 1999418.24; 822734.41, 1999420.16; 1998854.64; 822693.34, 1998853.58; 821308.01, 1999270.56; 821349.11, 822734.95, 1999422.05; 822735.61, 822692.56, 1998853.13; 822636.47, 1999275.25; 821350.61, 1999289.71; 1999423.90; 822736.39, 1999425.71; 1998821.73; 822635.52, 1998821.22; 821339.99, 1999325.55; 821339.91, 822737.29, 1999427.45; 822738.30, 822633.75, 1998820.38; 822631.92, 1999325.83; 821339.43, 1999327.74; 1999429.14; 822738.30, 1999429.14; 1998819.66; 822630.05, 1998819.06; 821339.08, 1999329.67; 821338.85, 822739.42, 1999430.76; 822740.64, 822628.14, 1998818.58; 822626.59, 1999331.62; 821338.76, 1999333.59; 1999432.30; 822741.96, 1999433.75; 1998818.29; 822554.91, 1998806.70; 821338.79, 1999335.55; 821338.95, 822743.37, 1999435.12; 822744.87, 822554.53, 1998806.64; 822552.57, 1999337.51; 821338.97, 1999337.72; 1999436.39; 822746.45, 1999437.56; 1998806.41; 822550.61, 1998806.31; 821342.49, 1999366.45; 821342.75, 822746.45, 1999437.56; 822748.10, 822548.65, 1998806.35; 822546.69, 1999368.18; 821343.16, 1999370.10; 1999438.62; 822749.81, 1999439.58; 1998806.51; 822544.75, 1998806.80; 821343.70, 1999371.99; 821344.36, 822751.59, 1999440.42; 822753.42, 822542.83, 1998807.21; 822540.94, 1999373.84; 821345.15, 1999375.64; 1999441.14; 822755.29, 1999441.74; 1998807.75; 822539.09, 1998808.41; 821346.04, 1999377.39; 821347.05, 822757.19, 1999442.22; 822759.13, 822537.28, 1998809.19; 822535.53, 1999379.08; 821348.17, 1999380.69; 1999442.57; 822761.08, 1999442.80; 1998810.09; 822533.85, 1998811.10; 821349.39, 1999382.23; 821350.71, 822763.04, 1999442.89; 822765.01, 822532.23, 1998812.22; 822530.69, 1999383.69; 821352.12, 1999385.05; 1999442.86; 822766.97, 1999442.70; 1998813.44; 822529.24, 1998814.76; 821353.62, 1999386.32; 821355.20, 822768.91, 1999442.41; 822770.83, 822527.87, 1998816.17; 822526.60, 1999387.50; 821356.85, 1999388.56; 1999442.00; 822772.72, 1999441.46; 1998817.67; 822525.43, 1998819.25; 821358.57, 1999389.51; 821359.49, 822774.57, 1999440.80; 822776.37, 822524.36, 1998820.90; 822523.41, 1999389.97; 821386.84, 1999402.86; 1999440.02; 822778.12, 1999439.12; 1998822.61; 822522.57, 1998824.39; 821418.08, 1999420.93; 821419.39, 822779.81, 1999438.11; 822779.81, 822521.85, 1998826.22; 822521.25, 1999421.65; 821421.17, 1999422.49; 1999438.11; 822781.42, 1999436.99; 1998828.09; 822520.77, 1998829.99; 821423.00, 1999423.21; 821424.87, 822782.96, 1999435.77; 822783.85, 822520.42, 1998831.93; 822520.19, 1999423.81; 821426.77, 1999424.29; 1999434.99; 822805.32, 1999415.26; 1998833.88; 822520.09, 1998835.84; 821428.71, 1999424.64; 821430.66, 822805.89, 1999414.73; 822807.26, 822752.71, 1999023.06; 822781.60, 1999424.86; 821432.62, 1999424.96; 1999413.32; 822808.53, 1999411.82; 1999297.57; 822786.94, 1999290.03; 821434.58, 1999424.93; 821436.54, 822809.70, 1999410.24; 822810.76, 822787.92, 1999288.73; 822789.19, 1999424.77; 821437.64, 1999424.62; 1999408.59; 822811.72, 1999406.87; 1999287.23; 822790.36, 1999286.02; 821476.83, 1999418.65; 821477.68, 822812.56, 1999405.10; 822813.28, 822808.30, 1999268.32; 822808.06, 1999418.51; 821479.60, 1999418.09; 1999403.27; 822813.88, 1999401.40; 1999218.93; 822808.07, 1999218.29; 821481.49, 1999417.55; 821483.34, 822814.36, 1999399.49; 822814.71, 822808.17, 1999216.32; 822808.28, 1999416.89; 821485.14, 1999416.11; 1999397.56; 822814.94, 1999395.61; 1999215.22; 822812.93, 1999176.24; 821486.89, 1999415.21; 821488.57, 822815.03, 1999393.64; 822815.04, 822815.22, 1999115.62; 822793.82, 1999414.20; 821488.70, 1999414.12; 1999393.56; 822815.59, 1999353.44; 1999064.36; 822752.71, 1999023.06. 821525.83, 1999389.92; 821527.32, 822834.40, 1999326.93; 822859.47, (iii) Note: The map depicting Unit 11 1999388.88; 821528.86, 1999387.66; 1999302.21; 822860.64, 1999300.99; is provided at paragraph (17)(iii) of this 821530.31, 1999386.34; 821531.68, 822861.91, 1999299.49; 822863.08, entry. 1999384.93; 821532.95, 1999383.43;

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821534.12, 1999381.85; 821535.19, 821405.08, 1999238.97; 821404.41, 821323.02, 1998972.72; 821321.19, 1999380.20; 821536.14, 1999378.48; 1999237.12; 821403.63, 1999235.31; 1998971.99; 821319.32, 1998971.39; 821536.98, 1999376.71; 821537.70, 821402.74, 1999233.56; 821401.73, 821317.42, 1998970.91; 821315.49, 1999374.88; 821538.30, 1999373.01; 1999231.88; 821400.61, 1999230.26; 1998970.56; 821313.53, 1998970.34; 821538.78, 1999371.10; 821539.13, 821399.39, 1999228.72; 821398.07, 821311.57, 1998970.24; 821309.61, 1999369.17; 821539.36, 1999367.22; 1999227.27; 821396.65, 1999225.90; 1998970.27; 821307.65, 1998970.43; 821539.45, 1999365.26; 821539.42, 821395.16, 1999224.63; 821393.58, 821305.70, 1998970.72; 821303.78, 1999363.29; 821539.26, 1999361.33; 1999223.46; 821391.93, 1999222.39; 1998971.14; 821301.89, 1998971.68; 821538.97, 1999359.39; 821538.56, 821390.21, 1999221.44; 821388.43, 821300.04, 1998972.34; 821298.24, 1999357.47; 821538.02, 1999355.58; 1999220.60; 821386.61, 1999219.88; 1998973.12; 821296.49, 1998974.02; 821537.36, 1999353.73; 821536.58, 821384.74, 1999219.28; 821382.83, 821294.81, 1998975.03; 821293.19, 1999351.93; 821535.68, 1999350.18; 1999218.80; 821380.90, 1999218.45; 1998976.15; 821291.65, 1998977.37; 821534.67, 1999348.49; 821533.55, 821379.89, 1999218.32; 821331.62, 821290.20, 1998978.69; 821288.83, 1999346.88; 821532.33, 1999345.34; 1999212.81; 821331.68, 1999212.76; 1998980.10; 821287.56, 1998981.60; 821531.01, 1999343.88; 821529.60, 821333.04, 1999211.35; 821334.31, 821286.39, 1998983.17; 821285.32, 1999342.52; 821528.10, 1999341.24; 1999209.85; 821335.48, 1999208.27; 1998984.83; 821284.37, 1998986.54; 821526.52, 1999340.07; 821524.87, 821336.55, 1999206.62; 821337.50, 821283.53, 1998988.32; 821282.81, 1999339.01; 821523.15, 1999338.05; 1999204.90; 821338.34, 1999203.13; 1998990.15; 821282.21, 1998992.02; 821521.38, 1999337.21; 821519.55, 821338.95, 1999201.61; 821353.85, 821281.73, 1998993.92; 821281.38, 1999336.49; 821517.68, 1999335.89; 1999161.41; 821353.96, 1999161.09; 1998995.86; 821281.17, 1998997.64; 821515.77, 1999335.41; 821513.84, 821354.56, 1999159.22; 821355.04, 821279.33, 1999018.53; 821279.32, 1999335.06; 821511.89, 1999334.84; 1999157.32; 821355.39, 1999155.41; 1999018.70; 821279.22, 1999020.66; 821509.93, 1999334.74; 821507.96, 821362.58, 1999107.28; 821362.58, 821279.26, 1999022.62; 821279.42, 1999334.77; 821506.00, 1999334.93; 1999107.25; 821362.80, 1999105.30; 1999024.58; 821279.70, 1999026.53; 821504.06, 1999335.22; 821502.14, 821362.90, 1999103.34; 821362.87, 821280.12, 1999028.45; 821280.40, 1999335.64; 821500.25, 1999336.17; 1999101.37; 821362.71, 1999099.41; 1999029.50; 821302.21, 1999104.89; 821498.40, 1999336.84; 821496.60, 821362.42, 1999097.47; 821362.01, 821296.46, 1999143.46; 821285.64, 1999337.62; 821494.85, 1999338.52; 1999095.55; 821361.72, 1999094.50; 1999172.65; 821260.86, 1999191.71; 821493.16, 1999339.53; 821493.04, 821339.65, 1999018.19; 821340.99, 1999339.61; 821461.35, 1999360.26; 1999002.89; 821341.00, 1999002.72; 821259.75, 1999192.61; 821258.29, 821439.02, 1999363.66; 821415.82, 821341.10, 1999000.76; 821341.07, 1999193.93; 821256.92, 1999195.35; 1999350.25; 821414.50, 1999349.53; 1998998.79; 821340.91, 1998996.83; 821255.65, 1999196.84; 821254.48, 821413.59, 1999349.08; 821400.08, 821340.62, 1998994.89; 821340.20, 1999198.42; 821253.42, 1999200.07; 1999342.71; 821399.34, 1999336.63; 1998992.97; 821339.66, 1998991.08; 821252.46, 1999201.79; 821251.62, 821409.88, 1999301.06; 821409.96, 821339.00, 1998989.23; 821338.22, 1999203.57; 821250.90, 1999205.39; 1999300.78; 821410.44, 1999298.88; 1998987.43; 821337.32, 1998985.68; 821250.30, 1999207.26; 821249.82, 821410.79, 1999296.94; 821411.01, 821336.31, 1998983.99; 821335.20, 1999209.17; 821249.47, 1999211.10; 1999294.99; 821411.11, 1999293.03; 1998982.38; 821333.97, 1998980.84; 821249.25, 1999213.06; 821249.15, 821411.08, 1999291.06; 821410.95, 821332.66, 1998979.38; 821331.24, 1999215.02. 1999289.44; 821406.35, 1999245.05; 1998978.02; 821329.75, 1998976.75; (iii) Note: Map of Units 11 and 12 821406.32, 1999244.72; 821406.03, 821328.17, 1998975.58; 821326.52, (Map 10) follows: 1999242.78; 821405.62, 1999240.85; 1998974.51; 821324.80, 1998973.56; BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(18) Unit 13: El Cielito, Maunabo, 826036.77, 1996708.10; 826037.84, 1996217.72; 826085.73, 1996218.02; Puerto Rico. 1996706.44; 826038.79, 1996704.72; 826083.81, 1996218.44; 826081.93, (i) General Description: Unit 13 826039.62, 1996702.94; 826040.34, 1996218.98; 826080.08, 1996219.65; consists of approximately 7.84 ac (3.17 1996701.11; 826040.80, 1996699.72; 826078.28, 1996220.43; 826076.53, ha), between the municipal boundary of 826058.80, 1996639.86; 826064.87, 1996221.34; 826074.85, 1996222.35; Yabucoa to the north, PR–759 to the 1996626.21; 826065.02, 1996625.87; 826073.24, 1996223.47; 826071.70, south and west, and PR–3 to the east, 826065.62, 1996624.39; 826077.68, 1996224.70; 826070.25, 1996226.02; within Talante Ward, Maunabo. 1996591.67; 826117.27, 1996543.05; 826068.88, 1996227.44; 826067.62, (ii) Coordinates: From Yabucoa USGS 826117.56, 1996542.70; 826118.72, 1996228.94; 826066.45, 1996230.52; 1:20,000 quadrangle map. Unit 13 1996541.12; 826119.34, 1996540.18; 826065.39, 1996232.17; 826064.44, bounded by the following UTM 19 NAD 826137.43, 1996511.67; 826137.87, 1996233.89; 826063.60, 1996235.67; 83 coordinates (E, N): 1996510.96; 826138.82, 1996509.24; 826062.89, 1996237.50; 826062.29, 826139.63, 1996507.52; 826162.49, 1996239.37; 826061.82, 1996241.28; 825982.02, 1996690.65; 825982.05, 1996454.74; 826162.51, 1996454.69; 826061.47, 1996243.21; 826061.25, 1996692.62; 825982.22, 1996694.58; 826163.23, 1996452.86; 826163.82, 1996245.17; 826061.16, 1996247.13; 825982.51, 1996696.52; 825982.93, 1996450.98; 826164.30, 1996449.08; 826061.20, 1996249.09; 826061.36, 1996698.44; 825983.48, 1996700.33; 826164.64, 1996447.14; 826164.86, 1996251.05; 826061.65, 1996253.00; 825984.14, 1996702.18; 825984.93, 1996445.19; 826164.96, 1996443.23; 826061.83, 1996253.89; 826074.31, 1996703.98; 825985.83, 1996705.72; 826165.66, 1996392.36; 826165.62, 1996311.58; 826074.55, 1996312.60; 825986.85, 1996707.40; 825987.97, 1996390.40; 826165.46, 1996388.44; 826075.09, 1996314.49; 826075.48, 1996709.02; 825989.19, 1996710.55; 826165.16, 1996386.49; 826164.74, 1996315.62; 826105.53, 1996397.10; 825990.52, 1996712.01; 825991.93, 1996384.58; 826164.20, 1996382.69; 826104.99, 1996436.39; 826085.46, 1996713.37; 825993.43, 1996714.64; 826163.81, 1996381.55; 826132.56, 1996481.49; 826069.59, 1996506.50; 825995.01, 1996715.80; 825996.67, 1996296.82; 826120.53, 1996241.20; 826027.95, 1996557.62; 826027.67, 1996716.86; 825998.39, 1996717.81; 826120.29, 1996240.18; 826119.75, 1996557.98; 826026.50, 1996559.56; 826000.17, 1996718.65; 826002.00, 1996238.29; 826119.08, 1996236.44; 826025.44, 1996561.21; 826024.49, 1996719.37; 826003.87, 1996719.96; 826118.30, 1996234.64; 826117.39, 1996562.93; 826023.65, 1996564.71; 826005.78, 1996720.44; 826007.71, 1996232.89; 826116.38, 1996231.21; 826023.06, 1996566.20; 826009.61, 1996720.78; 826009.66, 1996721.00; 826115.26, 1996229.60; 826114.03, 826011.63, 1996721.09; 826013.59, 1996228.06; 826112.71, 1996226.61; 1996602.69; 826003.16, 1996617.18; 1996721.06; 826015.55, 1996720.89; 826111.29, 1996225.25; 826109.79, 826003.01, 1996617.52; 826002.29, 826017.49, 1996720.60; 826019.41, 1996223.98; 826108.21, 1996222.81; 1996619.34; 826001.84, 1996620.74; 1996720.18; 826021.30, 1996719.63; 826106.56, 1996221.75; 826104.84, 825983.29, 1996682.42; 825983.15, 826023.15, 1996718.97; 826024.95, 1996220.80; 826103.06, 1996219.97; 1996682.90; 825982.68, 1996684.80; 1996718.18; 826026.69, 1996717.28; 826101.23, 1996219.25; 826099.36, 825982.33, 1996686.74; 825982.11, 826028.38, 1996716.27; 826029.99, 1996218.65; 826097.45, 1996218.18; 1996688.69; 825982.02, 1996690.65. 1996715.14; 826031.53, 1996713.92; 826095.51, 1996217.83; 826093.56, (iii) Note: Map of Unit 13 (Map 11) 826032.98, 1996712.59; 826034.34, 1996217.61; 826091.60, 1996217.52; follows: 1996711.18; 826035.61, 1996709.68; 826089.63, 1996217.56; 826087.68, BILLING CODE 4310–55–P

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 60107

BILLING CODE 4310–55–C

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 ER23OC07.010 60108 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations

(19) Unit 14: Verraco, San Lorenzo, 2003697.21; 818226.12, 2003697.24; 2003630.51; 818088.04, 2003659.86; Puerto Rico. 818224.16, 2003697.41; 818222.22, 818054.31, 2003681.68; 818054.28, (i) General Description: Unit 14 2003697.70; 818220.30, 2003698.12; 2003681.70; 818052.67, 2003682.82; consists of approximately 8.9 ac (3.6 818218.41, 2003698.67; 818216.56, 818051.13, 2003684.04; 818049.68, ha), between PR–181 to the north and 2003699.33; 818214.76, 2003700.12; 2003685.37; 818048.32, 2003686.78; west, Rı´o Grande de Loı´za to the east 818214.61, 2003700.19; 818187.94, 818047.05, 2003688.28; 818046.58, and south, and the municipal boundary 2003713.06; 818216.83, 2003685.69; 2003688.89; 818030.14, 2003710.85; of Yabucoa to the south, within Espino 818233.41, 2003672.94; 818247.97, 818029.44, 2003711.82; 818028.38, Ward, San Lorenzo. 2003666.94; 818249.43, 2003666.29; 2003713.48; 818027.43, 2003715.20; (ii) Coordinates: From Yabucoa and 818251.18, 2003665.38; 818252.86, 818026.59, 2003716.97; 818025.88, Patillas USGS 1:20,000 quadrangle 2003664.37; 818254.47, 2003663.25; 2003718.80; 818025.28, 2003720.68; maps. Unit 14 bounded by the following 818256.01, 2003662.02; 818257.46, 818024.81, 2003722.58; 818024.52, UTM 19 NAD 83 coordinates (E, N): 2003660.70; 818258.83, 2003659.29; 2003724.15; 818022.15, 2003739.10; 818021.78, 2003743.38; 818021.82, 818260.09, 2003657.78; 818261.26, 818022.09, 2003739.47; 818021.87, 2003745.35; 818021.98, 2003747.31; 2003656.20; 818262.32, 2003654.55; 2003741.42; 818021.78, 2003743.38; 818022.27, 2003749.25; 818022.69, 818263.27, 2003652.83; 818264.11, (iii) Note: The map depicting Unit 14 2003751.17; 818023.24, 2003753.06; 2003651.05; 818264.82, 2003649.22; is provided at paragraph (20)(iii) of this 818023.90, 2003754.90; 818024.69, 818265.42, 2003647.35; 818265.89, entry. 2003756.71; 818025.59, 2003758.45; 2003645.44; 818266.24, 2003643.51; (20) Unit 15: Cueva Marcela Unit, San 818026.61, 2003760.13; 818027.41, 818266.46, 2003641.56; 818266.55, Lorenzo, Puerto Rico. 2003761.31; 818041.40, 2003780.81; 2003639.59; 818266.51, 2003637.63; (i) General Description: Unit 15 818041.72, 2003781.25; 818042.95, 818266.35, 2003635.67; 818266.06, consists of approximately 7.47 ac (3.02 2003782.78; 818044.27, 2003784.24; 2003633.73; 818265.64, 2003631.81; ha), between PR–181 and Quebrada 818045.68, 2003785.60; 818047.19, 818265.09, 2003629.92; 818264.43, Verraco to the north, PR–181 to the 2003786.87; 818048.77, 2003788.03; 2003628.07; 818263.64, 2003626.27; west, and Rı´o Grande de Loı´za and the 818050.42, 2003789.09; 818051.64, 818262.74, 2003624.53; 818261.72, municipal boundary of Yabucoa to the 2003789.78; 818072.66, 2003801.02; 2003622.84; 818260.60, 2003621.23; south, within Espino Ward, San 818073.16, 2003801.29; 818074.94, 818259.38, 2003619.69; 818258.05, Lorenzo. 2003802.12; 818076.77, 2003802.84; 2003618.24; 818256.64, 2003616.88; (ii) Coordinates: From Yabucoa and 818078.64, 2003803.44; 818080.55, 818255.14, 2003615.61; 818253.56, Patillas USGS 1:20,000 quadrangle 2003803.91; 818082.48, 2003804.26; 2003614.44; 818251.90, 2003613.38; maps. Unit 15 bounded by the following 818084.44, 2003804.48; 818086.40, 818250.18, 2003612.43; 818248.40, UTM 19 NAD 83 coordinates (E, N): 2003804.57; 818088.36, 2003804.53; 2003611.60; 818246.57, 2003610.88; 818171.51, 2003361.29; 818171.55, 818089.35, 2003804.46; 818118.63, 818244.70, 2003610.28; 818242.80, 2003363.25; 818171.72, 2003365.21; 2003801.99; 818119.61, 2003801.89; 2003609.81; 818240.86, 2003609.46; 818172.01, 2003367.15; 818172.43, 818121.55, 2003801.60; 818123.47, 818238.91, 2003609.24; 818236.95, 2003369.07; 818172.97, 2003370.96; 2003801.18; 818125.20, 2003800.69; 2003609.15; 818236.49, 2003609.16; 818173.64, 2003372.81; 818174.42, 818179.90, 2003783.29; 818180.06, 818236.87, 2003608.20; 818237.46, 2003374.61; 818175.33, 2003376.36; 2003783.24; 818181.91, 2003782.58; 2003606.33; 818237.94, 2003604.42; 818176.34, 2003378.04; 818177.46, 818183.71, 2003781.79; 818183.86, 818238.28, 2003602.49; 818238.50, 2003379.65; 818178.69, 2003381.19; 2003781.72; 818240.72, 2003754.27; 2003600.54; 818238.59, 2003598.57; 818180.01, 2003382.64; 818181.43, 818242.32, 2003753.44; 818244.00, 818238.56, 2003596.61; 818238.39, 2003384.00; 818182.93, 2003385.27; 2003752.42; 818245.61, 2003751.30; 2003594.65; 818238.10, 2003592.71; 818184.51, 2003386.44; 818186.16, 818247.15, 2003750.08; 818248.60, 818237.68, 2003590.79; 818237.13, 2003387.50; 818187.88, 2003388.45; 2003748.75; 818249.96, 2003747.34; 2003588.90; 818236.47, 2003587.05; 818189.66, 2003389.28; 818191.49, 818251.23, 2003745.84; 818252.40, 818235.68, 2003585.25; 818234.78, 2003390.00; 818193.36, 2003390.60; 2003744.26; 818253.46, 2003742.60; 2003583.51; 818233.77, 2003581.82; 818195.27, 2003391.07; 818197.20, 818254.41, 2003740.88; 818255.24, 818232.64, 2003580.21; 818231.42, 2003391.42; 818199.16, 2003391.64; 2003739.10; 818255.96, 2003737.28; 2003578.67; 818230.10, 2003577.22; 818201.12, 2003391.73; 818203.08, 818256.56, 2003735.40; 818257.03, 818229.24, 2003576.35; 818227.83, 2003391.69; 818205.04, 2003391.53; 2003733.50; 818257.38, 2003731.56; 2003574.98; 818226.33, 2003573.72; 818206.98, 2003391.23; 818208.90, 818257.60, 2003729.61; 818257.69, 818224.75, 2003572.55; 818223.09, 2003390.81; 818210.79, 2003390.27; 2003727.65; 818257.65, 2003725.68; 2003571.49; 818221.37, 2003570.54; 818212.64, 2003389.60; 818214.44, 818257.49, 2003723.73; 818257.19, 818219.59, 2003569.70; 818217.76, 2003388.82; 818216.19, 2003387.92; 2003721.78; 818256.77, 2003719.86; 2003568.98; 818215.89, 2003568.39; 818217.87, 2003386.90; 818219.48, 818256.23, 2003717.97; 818255.56, 818213.99, 2003567.92; 818212.05, 2003385.78; 818219.89, 2003385.47; 2003716.13; 818254.78, 2003714.33; 2003567.57; 818210.10, 2003567.35; 818287.51, 2003333.26; 818288.65, 818253.88, 2003712.58; 818252.86, 818208.14, 2003567.26; 818206.17, 2003332.34; 818290.10, 2003331.02; 2003710.90; 818251.74, 2003709.28; 2003567.29; 818204.21, 2003567.46; 818291.46, 2003329.60; 818292.73, 818250.51, 2003707.75; 818249.19, 818202.27, 2003567.75; 818200.35, 2003328.10; 818293.05, 2003327.68; 2003706.30; 818247.78, 2003704.93; 2003568.17; 818198.46, 2003568.72; 818343.46, 2003261.48; 818344.31, 818246.27, 2003703.67; 818244.69, 818196.62, 2003569.38; 818194.81, 2003260.32; 818345.37, 2003258.66; 2003702.50; 818243.04, 2003701.44; 2003570.17; 818193.07, 2003571.07; 818346.32, 2003256.94; 818347.15, 818241.32, 2003700.49; 818239.54, 818191.39, 2003572.08; 818189.77, 2003255.17; 818347.87, 2003253.34; 2003699.65; 818237.71, 2003698.93; 2003573.21; 818188.24, 2003574.43; 818348.47, 2003251.46; 818348.94, 818235.84, 2003698.34; 818233.93, 818186.87, 2003575.67; 818119.61, 2003249.56; 818349.29, 2003247.62; 2003697.87; 818232.00, 2003697.52; 2003627.58; 818118.47, 2003628.50; 818349.51, 2003245.67; 818349.60, 818230.05, 2003697.30; 818228.08, 818117.02, 2003629.82; 818116.33, 2003243.71; 818349.56, 2003241.74;

VerDate Aug<31>2005 15:14 Oct 22, 2007 Jkt 214001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\23OCR2.SGM 23OCR2 rfrederick on PROD1PC67 with RULES2 Federal Register / Vol. 72, No. 204 / Tuesday, October 23, 2007 / Rules and Regulations 60109

818349.40, 2003239.79; 818349.10, 2003456.05; 818166.26, 2003457.93; 818425.68, 2003564.18; 818425.14, 2003237.84; 818348.68, 2003235.92; 818166.93, 2003459.78; 818167.72, 2003562.29; 818424.47, 2003560.44; 818348.14, 2003234.03; 818347.47, 2003461.58; 818168.62, 2003463.33; 818423.69, 2003558.64; 818422.79, 2003232.19; 818346.69, 2003230.39; 818169.63, 2003465.01; 818170.75, 2003556.89; 818421.77, 2003555.21; 818345.79, 2003228.64; 818344.77, 2003466.62; 818171.98, 2003468.16; 818420.65, 2003553.60; 818419.42, 2003226.96; 818343.65, 2003225.34; 818173.30, 2003469.61; 818174.72, 2003552.06; 818418.10, 2003550.61; 818342.42, 2003223.81; 818341.10, 2003470.98; 818176.22, 2003472.24; 818416.69, 2003549.25; 818416.41, 2003222.36; 818339.69, 2003220.99; 818177.80, 2003473.41; 818179.45, 2003549.00; 818334.93, 2003477.30; 818338.18, 2003219.73; 818336.60, 2003474.47; 818181.17, 2003475.42; 818333.70, 2003476.28; 818332.12, 2003218.56; 818334.95, 2003217.50; 818182.95, 2003476.26; 818184.78, 2003475.11; 818332.09, 2003475.09; 818333.23, 2003216.55; 818331.45, 2003476.97; 818186.65, 2003477.57; 818280.35, 2003439.55; 818278.72, 2003215.71; 818329.62, 2003214.99; 818188.15, 2003477.95; 818251.08, 818327.75, 2003214.40; 818325.84, 2003492.29; 818296.61, 2003523.57; 2003438.50; 818277.00, 2003437.55; 2003213.93; 818323.91, 2003213.58; 818376.74, 2003594.09; 818377.97, 818275.22, 2003436.72; 818273.39, 818321.96, 2003213.36; 818319.99, 2003595.11; 818379.55, 2003596.27; 2003436.00; 818271.52, 2003435.40; 2003213.27; 818318.03, 2003213.30; 818381.20, 2003597.34; 818382.92, 818270.02, 2003435.02; 818201.50, 818316.07, 2003213.47; 818314.13, 2003598.29; 818384.70, 2003599.12; 2003419.40; 818201.09, 2003419.31; 2003213.76; 818312.21, 2003214.18; 818386.53, 2003599.84; 818388.40, 818199.16, 2003418.97; 818197.21, 818310.32, 2003214.73; 818308.47, 2003600.44; 818390.31, 2003600.91; 2003418.75; 818195.25, 2003418.66; 2003215.39; 818306.67, 2003216.18; 818392.24, 2003601.26; 818394.20, 818193.28, 2003418.69; 818191.32, 818304.93, 2003217.08; 818303.24, 2003601.48; 818396.16, 2003601.57; 2003418.86; 818189.38, 2003419.15; 2003218.09; 818301.63, 2003219.22; 818398.12, 2003601.53; 818400.08, 818187.46, 2003419.57; 818185.57, 818300.09, 2003220.44; 818298.64, 2003601.36; 818402.02, 2003601.07; 2003420.11; 818183.72, 2003420.78; 2003221.77; 818297.28, 2003223.18; 818403.94, 2003600.65; 818405.83, 818181.92, 2003421.57; 818180.18, 818296.01, 2003224.68; 818295.69, 2003600.11; 818407.68, 2003599.44; 2003422.47; 818178.49, 2003423.48; 2003225.10; 818247.68, 2003288.15; 818409.48, 2003598.66; 818411.23, 818176.88, 2003424.61; 818175.35, 818183.19, 2003337.94; 818182.05, 2003597.75; 818412.91, 2003596.74; 2003425.83; 818173.89, 2003427.15; 2003338.86; 818180.60, 2003340.18; 818414.52, 2003595.62; 818416.06, 818172.53, 2003428.57; 818171.26, 818179.24, 2003341.60; 818177.97, 2003594.39; 818417.51, 2003593.07; 2003430.07; 818170.10, 2003431.65; 2003343.10; 818176.81, 2003344.68; 818418.87, 2003591.65; 818420.14, 818169.04, 2003433.31; 818168.09, 818175.74, 2003346.33; 818174.79, 2003590.15; 818421.31, 2003588.57; 2003435.03; 818167.25, 2003436.80; 2003348.05; 818173.96, 2003349.83; 818422.37, 2003586.92; 818423.32, 818166.53, 2003438.63; 818165.94, 818173.24, 2003351.66; 818172.64, 2003585.20; 818424.15, 2003583.42; 2003440.50; 818165.46, 2003442.41; 2003353.53; 818172.17, 2003355.44; 818424.87, 2003581.59; 818425.47, 818165.12, 2003444.35; 818164.90, 818171.82, 2003357.37; 818171.60, 2003579.72; 818425.94, 2003577.81; 2003359.33; 818171.51, 2003361.29; 818426.29, 2003575.88; 818426.51, 2003446.30; 818164.80, 2003448.26; 818164.80, 2003448.26; 818164.84, 2003573.92; 818426.60, 2003571.96; (iii) Note: Map of Units 14 and 15 2003450.23; 818165.01, 2003452.18; 818426.56, 2003570.00; 818426.40, (Map 12) follows: 818165.30, 2003454.13; 818165.72, 2003568.04; 818426.10, 2003566.10; BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(21) Unit 16: Ceiba Sur Unit, Juncos, 2016501.61; 825724.22, 2016503.41; 825789.07, 2015899.52; 825788.65, Puerto Rico. 825725.12, 2016505.16; 825726.13, 2015897.60; 825788.10, 2015895.71; (i) General Description: Unit 16 2016506.84; 825727.26, 2016508.45; 825787.44, 2015893.86; 825786.65, consists of approximately 13.92 ac (5.63 825728.48, 2016509.99; 825729.80, 2015892.06; 825785.75, 2015890.32; ha) between Road PR–9934 to the east, 2016511.44; 825731.22, 2016512.80; 825785.09, 2015889.20; 825734.57, and Road PR–919 to the west within 825732.72, 2016514.07; 825734.30, 2015807.29; 825734.21, 2015806.72; Ceiba Sur Ward, Juncos. 2016515.24; 825735.96, 2016516.30; 825733.09, 2015805.11; 825731.86, (ii) Coordinates: From Juncos USGS 825737.68, 2016517.25; 825739.45, 2015803.57; 825730.54, 2015802.12; 1:20,000 quadrangle map. Unit 16 2016518.09; 825741.28, 2016518.80; 825729.12, 2015800.76; 825727.62, bounded by the following UTM 19 NAD 825743.16, 2016519.40; 825745.06, 2015799.49; 825726.96, 2015798.98; 83 coordinates (E, N): 2016519.87; 825747.00, 2016520.22; 825656.34, 2015746.31; 825655.42, 825748.95, 2016520.44; 825750.91, 2015745.66; 825653.76, 2015744.59; 825495.74, 2015729.02; 825495.78, 2016520.53; 825752.88, 2016520.50; 825652.04, 2015743.64; 825650.26, 2015730.98; 825495.94, 2015732.94; 825754.83, 2016520.33; 825756.78, 2015742.81; 825648.65, 2015742.17; 825496.23, 2015734.88; 825496.65, 2016520.04; 825758.70, 2016519.62; 825536.03, 2015701.22; 825535.81, 2015736.80; 825497.20, 2015738.69; 825760.59, 2016519.07; 825762.43, 2015701.14; 825533.94, 2015700.54; 825497.86, 2015740.54; 825498.65, 2016518.41; 825764.24, 2016517.62; 825532.03, 2015700.07; 825530.10, 2015742.34; 825499.55, 2015744.08; 825765.98, 2016516.72; 825767.66, 2015699.72; 825528.15, 2015699.50; 825500.57, 2015745.77; 825501.69, 2016515.71; 825769.28, 2016514.58; 825526.19, 2015699.41; 825524.22, 2015747.38; 825502.91, 2015748.92; 825770.81, 2016513.36; 825772.27, 2015699.45; 825522.26, 2015699.61; 825504.24, 2015750.37; 825505.65, 2016512.04; 825773.63, 2016510.62; 825520.32, 2015699.91; 825518.40, 2015751.73; 825507.15, 2015753.00; 825774.90, 2016509.12; 825776.06, 2015700.33; 825516.51, 2015700.87; 825508.73, 2015754.17; 825510.39, 2016507.54; 825777.12, 2016505.88; 825514.66, 2015701.54; 825512.86, 2015755.23; 825512.11, 2015756.18; 825778.08, 2016504.16; 825778.91, 2015702.32; 825511.12, 2015703.22; 825513.89, 2015757.01; 825515.50, 2016502.39; 825779.63, 2016500.56; 825509.43, 2015704.24; 825507.82, 2015757.66; 825623.97, 2015797.10; 825780.23, 2016498.69; 825780.70, 2015705.36; 825506.28, 2015706.59; 825686.46, 2015843.70; 825729.39, 2016496.78; 825781.05, 2016494.84; 825504.83, 2015707.91; 825503.47, 2015913.29; 825728.50, 2015977.04; 825781.27, 2016492.89; 825781.36, 2015709.32; 825502.20, 2015710.83; 825714.36, 2016115.79; 825714.30, 2016490.93; 825781.32, 2016488.96; 2016116.45; 825714.21, 2016118.41; 825781.16, 2016487.01; 825781.07, 825501.03, 2015712.41; 825499.97, 825714.25, 2016120.38; 825714.32, 2016486.36; 825772.67, 2016426.13; 2015714.06; 825499.02, 2015715.78; 2016121.45; 825728.89, 2016288.33; 825788.89, 2016292.45; 825789.01, 825498.19, 2015717.56; 825497.47, 825712.58, 2016422.79; 825712.46, 2016291.22; 825789.11, 2016289.26; 2015719.39; 825496.87, 2015721.26; 2016424.02; 825712.36, 2016425.98; 825789.07, 2016287.29; 825788.99, 825496.40, 2015723.17; 825496.05, 825712.40, 2016427.95; 825712.57, 2016286.22; 825774.40, 2016119.05; 2015725.10; 825495.83, 2015727.05; 2016429.90; 825712.65, 2016430.55; 825788.38, 2015981.81; 825788.44, 825495.74, 2015729.02 825721.59, 2016494.66; 825721.80, 2015981.16; 825788.53, 2015979.19; (iii) Note: Map of Unit 16 (Map 13) 2016495.95; 825722.22, 2016497.87; 825789.56, 2015905.38; 825789.53, follows: 825722.77, 2016499.76; 825723.43, 2015903.42; 825789.36, 2015901.46; BILLING CODE 4310–55–P

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BILLING CODE 4310–55–C

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(22) Unit 17: Playita Unit, Yabucoa, 825167.15, 1998699.39; 825168.76, 825251.76, 1998372.59; 825249.80, Puerto Rico. 1998698.27; 825170.30, 1998697.04; 1998372.75; 825247.86, 1998373.05; (i) General Description: Unit 17 825171.75, 1998695.72; 825172.48, 825245.94, 1998373.46; 825244.05, consists of approximately 5.27 ac (2.13 1998694.98; 825196.33, 1998670.14; 1998374.01; 825242.20, 1998374.68; ha), between PR–900 to the north and 825233.38, 1998640.82; 825234.24, 825240.40, 1998375.46; 825238.65, east and the municipal boundary of 1998640.12; 825235.69, 1998638.80; 1998376.36; 825236.97, 1998377.38; Maunabo to the south, within Calabazas 825237.05, 1998637.38; 825238.32, 825235.36, 1998378.50; 825233.82, Ward, Yabucoa. 1998635.88; 825239.49, 1998634.30; 1998379.73; 825232.37, 1998381.05; (ii) Coordinates: From Yabucoa USGS 825240.24, 1998633.15; 825266.62, 825231.01, 1998382.46; 825229.74, 1:20,000 quadrangle map. Unit 17 1998590.83; 825266.93, 1998590.32; 1998383.97; 825228.57, 1998385.55; bounded by the following UTM 19 NAD 825267.88, 1998588.60; 825268.71, 825227.51, 1998387.20; 825226.56, 83 coordinates (E, N): 1998586.82; 825269.43, 1998584.99; 1998388.92; 825225.73, 1998390.70; 825120.79, 1998673.78; 825120.83, 825270.03, 1998583.12; 825270.50, 825225.01, 1998392.53; 825224.41, 1998675.74; 825121.00, 1998677.70; 1998581.21; 825270.83, 1998579.42; 1998394.40; 825223.94, 1998396.31; 825121.29, 1998679.64; 825121.71, 825279.64, 1998520.84; 825279.66, 825223.59, 1998398.24; 825223.37, 1998681.56; 825122.25, 1998683.45; 1998520.70; 825279.88, 1998518.75; 1998400.19; 825223.29, 1998401.69; 825122.92, 1998685.30; 825123.71, 825279.96, 1998517.25; 825283.32, 825219.99, 1998513.68; 825212.36, 1998687.10; 825124.61, 1998688.85; 1998403.46; 825283.33, 1998402.99; 1998564.33; 825192.03, 1998596.96; 825125.62, 1998690.53; 825126.74, 825283.29, 1998401.03; 825283.13, 825157.45, 1998624.31; 825156.60, 1998692.14; 825127.97, 1998693.68; 1998399.07; 825282.84, 1998397.12; 1998625.01; 825155.15, 1998626.34; 825129.29, 1998695.13; 825130.71, 825282.42, 1998395.21; 825281.87, 825154.42, 1998627.07; 825129.15, 1998696.49; 825132.21, 1998697.76; 1998393.32; 825281.20, 1998391.47; 1998653.40; 825128.52, 1998654.08; 825133.79, 1998698.93; 825135.44, 825280.42, 1998389.67; 825279.52, 825127.25, 1998655.59; 825126.08, 1998699.99; 825137.16, 1998700.94; 1998387.92; 825278.50, 1998386.24; 1998657.17; 825125.02, 1998658.82; 825138.94, 1998701.77; 825140.77, 825277.38, 1998384.63; 825276.15, 825124.07, 1998660.54; 825123.24, 1998702.49; 825142.64, 1998703.09; 1998383.09; 825274.83, 1998381.64; 1998662.32; 825122.52, 1998664.15; 825144.55, 1998703.56; 825146.49, 825273.42, 1998380.27; 825271.91, 1998703.91; 825148.44, 1998704.13; 1998379.01; 825270.33, 1998377.84; 825121.92, 1998666.02; 825121.45, 825150.40, 1998704.22; 825152.37, 825268.68, 1998376.78; 825266.96, 1998667.93; 825121.10, 1998669.86; 1998704.18; 825154.32, 1998704.02; 1998375.83; 825265.18, 1998374.99; 825120.88, 1998671.81; 825120.79, 825156.27, 1998703.72; 825158.19, 825263.35, 1998374.28; 825261.48, 1998673.78; 1998703.30; 825160.07, 1998702.76; 1998373.68; 825259.57, 1998373.21; (iii) Note: Map of Unit 17 (Map 14) 825161.92, 1998702.09; 825163.72, 825257.64, 1998372.86; 825255.69, follows: 1998701.31; 825165.47, 1998700.40; 1998372.64; 825253.72, 1998372.55; BILLING CODE 4310–55–P

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* * * * * Dated: September 24, 2007. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 07–5056 Filed 10–22–07; 8:45 am] BILLING CODE 4310–55–C

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Part III

Department of Energy 10 CFR Part 609 Loan Guarantees for Projects That Employ Innovative Technologies; Final Rule

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DEPARTMENT OF ENERGY 9521, e-mail: Comment (NOPR, 72 FR 27471) to [email protected]. establish regulations for the Title XVII 10 CFR Part 609 SUPPLEMENTARY INFORMATION: loan guarantee program. DOE held a public meeting on the NOPR in RIN 1901–AB21 I. Introduction and Background II. Public Comments on the Notice of Washington, DC on June 15, 2007. Loan Guarantees for Projects That Proposed Rulemaking and DOE’s Section 20320(a) of Public Law 110– Employ Innovative Technologies Responses 5, the Revised Continuing A. Technologies Appropriations Resolution, 2007 (Pub. AGENCY: Office of the Chief Financial 1. Definition of New or Significantly L. 110–5) authorized DOE to issue Officer, Department of Energy. Improved Technologies guarantees under the Title XVII program 2. Definition of Technologies in General ACTION: Final rule. for loans in the ‘‘total principal amount, Use any part of which is to be guaranteed, 3. Nuclear Generation Projects SUMMARY: On May 16, 2007, the B. Financial Structure Issues of $4,000,000,000.’’ Section 20320(b) of Department of Energy (DOE or the 1. Lender Risk, Stripping and Pari Passu Public Law 110–5 further provides that Department) published a Notice of 2. Equity Requirements for Project no loan guarantees may be issued under Proposed Rulemaking and opportunity Sponsors the Title XVII program until DOE for comment (NOPR) to establish 3. Other Governmental Assistance promulgates final regulations that regulations for the loan guarantee 4. Credit Assessment and Rating include ‘‘(1) programmatic, technical, program authorized by Title XVII of the Requirements and financial factors the Secretary will Energy Policy Act of 2005 (Title XVII or C. Project Costs use to select projects for loan the Act). Title XVII authorizes the D. Solicitation guarantees; (2) policies and procedures E. Payment of the Credit Subsidy Cost for selecting and monitoring lenders and Secretary of Energy (Secretary) to make F. Assessment of Fees loan guarantees for projects that ‘‘avoid, G. Eligible Lenders and Servicing loan performance; and (3) any other reduce, or sequester air pollutants or Requirements policies, procedures, or information anthropogenic emissions of greenhouse H. Federal Credit Reform Act of 1990 necessary to implement Title XVII of the gases; and employ new or significantly (FCRA) Energy Policy Act of 2005.’’ The improved technologies as compared to I. Default and Audit Provisions regulations being finalized today fulfill commercial technologies in service in J. Tax Exempt Debt that requirement. the United States at the time the K. Full Faith and Credit Section 1702 of the Act outlines guarantee is issued.’’ Title XVII also L. Responses to August 2006 Solicitation general terms and conditions for Loan M. Other Issues Raised in the Public identifies ten categories of technologies Guarantee Agreements and directs the Comments Secretary to include in Loan Guarantee and projects that are potentially eligible III. Regulatory Review for loan guarantees. The two principal A. Executive Order 12866 Agreements ‘‘such detailed terms and goals of Title XVII are to encourage B. National Environmental Policy Act of conditions as the Secretary determines commercial use in the United States of 1969 appropriate to ‘‘(i) protect the interests new or significantly improved energy- C. The Regulatory Flexibility Act of the United States in case of a default related technologies and to achieve D. Paperwork Reduction Act [as defined in regulations issued by the substantial environmental benefits. DOE E. Unfunded Mandates Reform Act of 1995 Secretary]; and (ii) have available all the believes that commercial use of these F. Treasury and General Government patents and technology necessary for Appropriations Act, 1999 any person selected, including the technologies will help sustain and G. Executive Order 13132 promote economic growth, produce a Secretary, to complete and operate the H. Executive Order 12988 project.’’ (42 U.S.C. 16512(g)(2)(c)) more stable and secure energy supply I. Treasury and General Government and economy for the United States, and Appropriations Act, 2001 Section 1702(i) requires the Secretary to improve the environment. Having J. Executive Order 13211 prescribe regulations outlining record- considered all of the comments K. Congressional Notification keeping and audit requirements. This submitted to DOE in response to the L. Approval by the Office of the Secretary final rule sets forth application NOPR, the Department today is issuing of Energy procedures, outlines terms and this final rule. conditions for Loan Guarantee I. Introduction and Background Agreements, and lists records and DATES: Effective Date: This rule is Today’s final rule establishes policies, documents that project participants effective upon October 23, 2007. procedures and requirements for the must keep and make available upon FOR FURTHER INFORMATION CONTACT: loan guarantee program authorized by request. David G. Frantz, Director, Loan Title XVII of the Energy Policy Act of Guarantee Program Office, Office of the 2005 (42 U.S.C. 16511–16514). Title II. Public Comments on the NOPR and Chief Financial Officer, 1000 XVII authorizes the Secretary of Energy, DOE’s Responses Independence Avenue, SW., after consultation with the Secretary of DOE received comments on the NOPR Washington, DC 20585–0121, (202) 586– the Treasury, to make loan guarantees from 47 interested parties. Twenty 8336, e-mail: [email protected]; or for projects that ‘‘(1) avoid, reduce, or interested parties presented oral Warren Belmar, Deputy General Counsel sequester air pollutants or comments and/or submitted written for Energy Policy, Office of the General anthropogenic emissions of greenhouse comments for the record at the public Counsel, 1000 Independence Avenue, gases; and (2) employ new or meeting. DOE summarizes below the SW., Washington, DC 20585–0121, (202) significantly improved technologies as major areas of the NOPR on which it 586–6758, e-mail: compared to commercial technologies in received public comment, and discusses [email protected]; or Lawrence service in the United States at the time the Department’s responses to those R. Oliver, Assistant General Counsel for the guarantee is issued.’’ (42 U.S.C. comments. Only major areas of the Fossil Energy and Energy Efficiency, 16513(a)) NOPR are discussed here, although DOE Office of the General Counsel, 1000 On May 16, 2007, the Department carefully reviewed all comments it Independence Avenue, SW., published a Notice of Proposed received on the NOPR, and in some Washington, DC 20585–0121, (202) 586– Rulemaking and Opportunity for cases made adjustments to the rule text

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that are not discussed at length in this so long as the technology is not in sprucing up and recycling of current preamble. ‘‘general use’’ in the United States. technologies,’’ and asserted that the approach of the NOPR relied upon A. Technologies 1. Definition of New or Significantly ‘‘subjective judgments concerning the Improved Technology A principal purpose of the Title XVII definition rather than employing more loan guarantee program is to support Public Comments: Section 609.2 of objective, quantitative measures of ‘‘innovative technology’’ projects in the the proposed regulations defined ‘‘new novelty and significant improvement.’’ United States that ‘‘employ new or or significantly improved technology’’ (UCS at 1). UCS did not, however, offer significantly improved technologies as to mean ‘‘a technology concerned with any suggestions as to what sort of compared to commercial technologies in the production, consumption or ‘‘objective, quantitative measures of service in the United States at the time transportation of energy, and that has novelty and significant improvement’’ the guarantee is issued.’’ (42 U.S.C. either only recently been discovered or would be appropriate for adoption in 16513(a)(2)) Section 1701(1) (A) of the learned, or that involves or constitutes the rule. TXU Generation Development Act defines ‘‘commercial technology’’ as one or more meaningful and important Company LLC (TXU) argued that the ‘‘a technology in general use in the improvements in the productivity or rule should adopt a ‘‘flexible definition’’ commercial marketplace.’’ (42 U.S.C. value of the technology.’’ Several with DOE and expert consultants 16511(1)(A)) commenters expressed the view that making decisions on particular Title XVII does not require, but on the this definition is too narrow because it technologies at the preliminary other hand does not prohibit, different does not include improvements in ‘‘new application stage. (TXU at 7). treatment for different eligible systems or system integration.’’ Other Eastman Chemical Company technologies or projects in the Title XVII commenters stated that the definition (Eastman) supported the NOPR’s program. Furthermore, the Act does not should reference or include the term proposed disqualification of projects explain or define the phrase ‘‘new or ‘‘commercial use.’’ Some commenters solely in the research, development, or significantly improved’’ in section stated that the definition was demonstration phase as long as the 1703(a)(2), nor does it explain or define appropriate. criteria is applied ‘‘to the overall project the terms ‘‘general use’’ or ‘‘commercial Parson & Whittemore Incorporated and does not make a project ineligible marketplace.’’ In the NOPR, DOE (P&W) and Forest Energy System, LLC just because one subsection of proposed to define the term ‘‘new or (FES), for example, assert that the technology is new.’’ Eastman adds: significantly improved technology’’ to proposed definition of new or ‘‘Arguably, a use of proven or mean ‘‘a technology concerned with the significantly improved fails to capture commercial technologies in a new or production, consumption, or the potential value of ‘‘systems’’ rather novel configuration, combination, or transportation of energy, and that has than individual technologies. They implementation method, such as either only recently been discovered or recommend expanding the definition to polygeneration should qualify as a ‘new learned, or that involves or constitutes include improvements from new or significantly improved technology.’’’ one or more meaningful and important systems or systems integration. (P&W at (Eastman at 3). improvements in the productivity or 1; FES at 1). Beacon Power Corporation (Beacon) value of the technology.’’ (72 FR 27480) The Nuclear Energy Institute (NEI) recommends broadening the definition Because Title XVII focuses on and Bechtel Corporation (Bechtel) by adding the following italicized encouraging and incentivizing challenged the NOPR’s proposal to phrase so that the definition would innovative technologies not already in require that the technology be both new read: ‘‘technologies concerned with the ‘‘general use’’ in the U.S. commercial or significantly improved and not in * * * productivity or value of the marketplace, DOE stated in the NOPR general use in the commercial technology or an improvement over an that the Title XVII loan guarantee marketplace in the United States. They existing technology that will perform the program should only be open to projects maintain that Title XVII only requires same function.’’ (Beacon at 3). Ameren that employ a technology that has been that a technology be new or significantly Services Company (Ameren) supported used in a very limited number of U.S. improved ‘‘as compared to’’ commercial the proposed definition of new or commercial projects or used in a technologies in service in the U.S. at the significantly improved technologies, commercial project for only a limited time the guarantee is issued. (NEI at 25; subject to the addition of the following period of time. Therefore, DOE Bechtel at 5). phrase: ‘‘in service in the United States proposed two possible ways of The Verenium Corporation at the time the guarantee is issued,’’ interpreting ‘‘general use’’: it could (Verenium) stated that it is possible that which is part of the statutory definition mean ‘‘ordered for, installed in, or used a technology has been in existence for in § 1703(a)(2) of the Act. (Ameren at 2). in five or more commercial projects in some time but has never been DOE Response: There is no one the United States,’’ or ‘‘in operation in commercially applied for some reason, universally accepted or agreed upon a commercial project in the United such as a technology that was not viable definition of the term ‘‘technology.’’ States for a period of five years, as when competing with oil at $20 a barrel Generally, technology is thought to be measured beginning on the date the but is competitive with oil at $60 a the practical application of science to technology was commissioned on a barrel. Verenium stated that DOE should industrial or commercial objectives. project.’’ (72 FR 27480) DOE requested focus on technologies ‘‘not yet in’’ use Technology may also include electronic comment on these alternatives, and also and therefore should make the or digital products and systems on whether the same definition should definition of New or Significantly considered as a group. DOE believes apply to all types of projects and Improved Technology refer to the that the term ‘‘technology’’ in Title XVII technologies eligible for loan defined term ‘‘Commercial was intended to have a very broad guarantees. (72 FR 27474) As DOE Technology.’’ (Verenium at 10). meaning, given the purposes of Title stated in the NOPR, a project may be The Union of Concerned Scientists XVII, and therefore does not believe it eligible for a Title XVII loan guarantee (UCS), however, stated that ‘‘DOE needs is advisable to set down by rule a if it uses technology that has been used to develop objective criteria to narrow definition of what will be in any number of projects and for any demarcate ‘new’ or ‘significantly considered a ‘‘technology’’ for purposes period of time outside the United States, improved’ technologies from the of this program.

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However, the Department believes it a ‘‘significantly improved’’ technology Several commenters stated that the is important to establish what may may in fact be ‘‘old’’ but a significant first of the alternatives set forth in the enable a particular technology to be improvement over technologies NOPR was acceptable, but the second considered ‘‘new or significantly currently in commercial use in the alternative definition should not be an improved’’. By its explicit terms, the United States. Thus, and as noted in the option or should be revised. On the Title XVII loan guarantee program is not NOPR, DOE agrees with the assertions other hand, several commenters stated open to all technologies and projects, by some commenters that a technology that the second alternative definition but only those that are new or could be eligible for a loan guarantee would be appropriate for nuclear significantly improved in comparison to even if it was developed long ago and projects because the early operational commercial technologies in use in the even if it is used in the same phase is more useful in determining United States. commercial application outside the whether a technology is workable and Several commenters asserted that the United States, as long as that technology acceptable. Other commenters stated proposed definition of ‘‘new and is not in general commercial use for that that the second alternative should not significantly improved technology’’ in application in the United States at the be adopted because it likely would lead the NOPR mistakenly requires that in time the loan guarantee is issued. to a very large number of nuclear order to be eligible for a loan guarantee, Consistent with DOE’s interpretation of projects being eligible for loan a project must employ a technology that section 1703(a)(2) of the Act, section guarantees since there is a long period is both new and improved and is not in 609.2 of the final rule provides, in part, of time between initiation of work on a commercial use in the United States. as follows: nuclear generation facility and the They argue that the regulatory definition completion of five years of operation, should be clarified to make clear that New or significantly improved technology means a technology concerned with the and during this time a large number of the test is new or significantly improved production, consumption or transportation of projects using the same technology as compared to commercial energy that is not a Commercial Technology, could apply for and be granted loan technologies in service in the United and that has either: (i) Only recently been guarantees. Still other commenters were States. They correctly quote Title XVII, developed, discovered or learned; or (ii) of the view that it is impossible to but are mistaken as to the import of that involves or constitutes one or more adequately define ‘‘general use’’ and language and the language in the NOPR. meaningful and important improvements in asserted that DOE therefore should Either a technology is in general use in productivity or value, in comparison to approve or disapprove loan guarantee the U.S. commercial marketplace or it is Commercial Technologies in use in the proposals to use technologies on a case- not. If it is in general use, then the same United States at the time the Term Sheet is by-case basis. Commenters also issued. technology could not possibly be ‘‘new expressed the view that the two or significantly improved’’ in 2. Definition of Technologies in General alternative definitions for ‘‘general use’’ comparison to technology in general use Use should be combined into one definition. in the U.S. commercial marketplace, More specifically, in their joint and it is ineligible for a Title XVII loan Public Comments: Under section comments Constellation Nuclear guarantee. Yet a technology does not 1703(a)(2) of the Act, projects are Utilities, Inc., Entergy Corporation, automatically become eligible for a Title eligible for Title XVII loan guarantees Exelon Corporation, and NRG Energy, XVII loan guarantee merely because it is only if they employ new or significantly Inc. (Nuclear Utilities) asserted that for not a U.S. commercial technology; improved technologies as compared to nuclear technologies the definition of a rather, it must be ‘‘new or significantly ‘‘commercial technologies’’ that are ‘‘in technology that is in ‘‘general use’’ improved’’ in comparison to such service in the United States’’ when should be based upon five or more years commercial technology. If the statute guarantees are issued. Section of operation of any given new design required only that it be ‘‘new’’ or 1701(1)(A) defines ‘‘commercial (e.g., an advanced reactor design that is ‘‘different’’ in comparison to technology’’ to mean ‘‘a technology in separately certified by the Nuclear commercial technologies, then it might general use in the commercial Regulatory Commission (NRC)). They well be that in order to become eligible marketplace.’’ The NOPR proposed two argued that if DOE were to use the ‘‘five for a Title XVII guarantee, all a project alternative definitions of ‘‘general use’’: or more projects’’ alternative for sponsor would need to show is that it A technology would be considered to be defining what constituted ‘‘general use,’’ was using a technology currently not in in ‘‘general use’’ if it had been ‘‘ordered it would be essential that the phrase commercial use in the United States. for, installed in, or used in five or more ‘‘order for, installed in, or used in’’ But such an interpretation of Title XVII [commercial] projects in the United should be changed to ‘‘ordered for, would render as surplusage the words States’’; or alternatively, if it had been installed in, and used in,’’ since for ‘‘or significantly improved’’ in section ‘‘in operation in a commercial project in nuclear plants, ordering would take 1703(a)(2) of the Act. As a result, the the United States for a period of five or place many years before use. (Nuclear term ‘‘new or significantly improved’’ more years as measured beginning on Utilities at 19–20). NEI, Dominion cannot simply mean not currently in the date the technology was Resources Services, Inc. (Dominion) and commercial use in the United States; it commission[ed] on a project.’’ This Excelsior Energy, Inc. (Excelsior) must mean that the technology itself is definition is important because, as submitted similar comments. (NEI at 24, either newly developed, or it must noted above, a proposed technology Dominion at 12, Excelsior at 2–3). constitute a significant improvement cannot qualify a project for a Title XVII Southern Company Services, Inc., over technologies currently in U.S. loan guarantee if it is in ‘‘general use’’ (Southern) stated that technology commercial use. Notably, in order to be in the U.S. commercial marketplace.1 should be considered in ‘‘general use’’ eligible for a loan guarantee a when financing has been established for technology need not be both new and 1 Notably, the existence of technology in a project five or more projects in the United significantly improved, but must only that is in general commercial use in the United States. Southern stated that its proposed be one or the other. States does not in itself disqualify a project from interpretation of ‘‘general use’’ would eligibility for a Title XVII loan guarantee. Most if DOE does believe it is useful to clarify not all projects that are eligible for loan guarantees assist DOE’s effort in having a broad that while a ‘‘new’’ technology must be will employ some technologies that are in such portfolio of large and small projects newly developed, discovered or learned, general use. with a wide variety of technologies

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supported by the Title XVII program, market forces to determine the need for and regulatory environment. (Bechtel at because it would limit the number of a guarantee. However, if the Department 4). project participants that employ the is going to develop a test, Iogen CPS supports the second alternative same technology. Southern also asserted proposes to combine the two definition set forth in the NOPR, and that the successful implementation of alternatives into one modified submits that the five to seven year five projects employing a particular definition, so that a particular construction period for a nuclear project technology should greatly reduce the technology would be considered to be in means that starting the ‘‘clock’’ from the concerns of the credit markets, and general use if it had been installed or time the technology is commissioned on stated that not considering a technology used in five or more projects in the a project, may mean that the project is to be in ‘‘general use’’ until it has been United States for a period of five years. disqualified at or prior to the in operation in a commercial project in (Iogen at 2–3). technology’s in-service date. CPS asserts the United States for five years could The Coal Utilization Research Council that guarantees should be available, to result in an unlimited number of (CURC) stated that the ‘‘proposed the extent of appropriations, until each projects utilizing the same technology. definition of general use is not suitable distinct technology is in full commercial (Southern at 1). as it relates to projects that will use operation. (CPS at 7). Abengoa Verenium stated that if over a five- technologies that have been in Bioenergy New Technologies (ABNT) year period a technology has been used commercial use for other applications,’’ recommends that DOE select the in fewer than five projects, the and that ‘‘size, process configurations, definition which utilizes time from first technology is probably not in general and technology modifications are among commercialization as the basis for use because it would indicate there is the several general characteristics of defining ‘‘general use.’’ ABNT argues some barrier to competitiveness. The projects that need to be considered that if the other alternative is selected, restriction to five projects, according to when applying the general use DOE will be discouraging competition Verenium, should be stated as only a definition.’’ (CURC at 5). Baard Energy and applications from a number of ‘‘presumption,’’ so that DOE could L.L.C. (Baard) proposed that, with projects which are eligible under a given deviate from it in appropriate respect to CTL projects, ‘‘general use’’ solicitation or invitation, and that by circumstances. Verenium further argued should be defined by the first alternative determining eligibility on the basis of ‘‘a that the term ‘‘ordered for’’ may be set forth in the NOPR, i.e., technologies fixed window of time,’’ DOE will ambiguous, and thus suggested the use that have been installed and used in five provide certainty that a project will of ‘‘in the process of being installed’’ if or more commercial projects in the remain eligible for a loan guarantee at DOE adopts an alternative employing United States. Baard asserts that the some future time regardless of this concept, and thus suggested the second alternative, five years, is too intervening events with other projects or following language for the definition of short. In order to accommodate technologies. ABNT does not dispute Commercial Technology: construction schedules for CTL plants the NOPR’s proposal of a five-year time frame, but suggests that a superior ‘‘Commercial Technology means a and to allow for innovations and technology in general use in the commercial improvements, Baard maintains that the approach may be to establish a time marketplace in the United States, but does second alternative should be extended frame according to the commercial not include a technology solely by use of to ten years. (Baard at 3). technology defined in each solicitation such technology in a demonstration project Bechtel Power Corporation (Bechtel) or invitation. (ABNT at 1). funded by DOE. A technology is presumed to recommends combining the two DOE Response: DOE agrees with be in general use if it has been installed or concerns expressed by many alternatives for determining ‘‘general used or is in the process of being installed commenters about the ‘‘five project’’ use’’ proposed in the NOPR, as follows: in five commercial projects in the United alternative proposed in the NOPR. States.’’ The technology or combination of These commenters were concerned that (Verenium at 12–13). technologies have been ordered for, installed a definition that did not include an Standard & Poor’s (S&P) stated that in, and used in five or more projects in the operational component, which lenders projects involving integrated U.S., each for a period of five years, measured from date of commissioning. need to develop confidence that a gasification combined cycle (IGCC) and technology is proven and is viable in coal-to-liquids (CTL) technologies Bechtel’s other comments regarding actual commercial operation, may not currently lack a commercial track record ‘‘general use’’ are focused on new be workable for this program, and may and therefore would be assigned a risk nuclear technologies that have never not result in effective reduction of premium by that rating agency. been built in the United States. commercial risk and effective increased However, S&P said that if there are at According to Bechtel, the technologies commercial marketplace acceptance least five operational projects using a in question (‘‘Gen III’’ and ‘‘Gen III+’’ prior to the closing of loan guarantee particular technology, and as long as nuclear designs) should be judged program eligibility. DOE believes that there was a material track record of individually for purposes of other entities considering incorporation operations, the perceived risk and thus determining whether either of the of a particular technology into their the risk premium associated with the alternative meanings of ‘‘general use’’ planning want to see technologies technology would be substantially proposed in the NOPR apply to them. proven in actual practice before reduced. (S&P at 2). The Iogen Bechtel states that the ‘‘general use’’ investing substantial sums on that Corporation (Iogen), believes that the language in the rule must clearly technology and incorporating it into definition proposed in the NOPR is too distinguish new generations or new large-scale capital expenditure plans. restrictive and notes that the financial applications of a technology such as Furthermore, operational experience community has displayed great Gen III or Gen III+ in order to assure that reduces risk from the standpoint of the reticence to providing debt financing at they are not excluded from loan credit and debt markets, and can lead to reasonable commercial rates for new guarantee eligibility by the fact that over increased access to capital markets at technologies that have not been widely 100 nuclear plants have been built in lower rates. We particularly note and demonstrated. Iogen would prefer that the United States, when those plants find persuasive S&P’s comment that if DOE not adopt a single ‘‘bright line’’ test used different designs and were there were at least five operational and that the Department instead rely on constructed in a much different industry projects in a particular technology

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within the United States, the perceived been used in a sufficient number of different technologies proposed risk premium associated with the projects to render them no longer represent vastly different scales of new technology should be substantially eligible for the program. DOE believes technology, as compared with other reduced. We also note that adoption of this is consistent with the overall types of eligible projects. CPS stated that the ‘‘five projects’’ proposal in the purpose of the program in encouraging the cost of new nuclear generating NOPR but without including an the introduction of new and improved capability is in the neighborhood of operational period could result in technologies into the commercial $2,000 per kilowatt and the capacity of technologies or projects involving very marketplace, but ensuring that the plants is in excess of 1,300 long development and construction technologies do not remain forever megawatts, that five different reactor times being disqualified from receiving dependent on loan guarantee support in technologies are being proposed, and additional loan guarantees before even order to be commercially viable. The that none of the technologies currently one project had commenced commercial Title XVII program should help are in operation in the United States. operations, or in extreme cases, before introduce technologies to the Therefore, CPS asserted that each of the any projects employing the technology commercial marketplace, but it should five technologies should be treated as a had even commenced construction. be up to those technologies and to the distinct new technology eligible for loan After review and evaluation of the commercial marketplace as to whether guarantees. (CPS at 7). comments, DOE accordingly has revised the technologies continue to be Iogen, however, strongly opposed section 609.2 of the NOPR as follows: economically and technologically DOE making the loan guarantee program Commercial Technology means a viable, or not. more favorable for larger projects technology in general use in the commercial DOE notes that even though the involving electricity generation from marketplace in the United States at the time definition of ‘‘commercial technology’’ nuclear power or coal combustion/ the Term Sheet is issued by DOE. A it is adopting in this rule may permit gasification than for other types of technology is in general use if it has been multiple projects using the same projects, such as those that would installed in and is being used in three or technology to be eligible for a Title XVII advance the President’s ‘‘20 in Ten’’ more commercial projects in the United guarantee, DOE is under no obligation to initiative, which Iogen said depends on States, in the same general application as in the proposed project, and has been in seek authority for, or to issue the widespread deployment of advanced operation in each such commercial project solicitations for, all or any particular biofuels refineries. (Iogen at 1). The for a period of at least five years. The five technology that may fall within the American Council on Global Nuclear year period shall be measured, for each outer limits of eligibility for a loan Competitiveness (ACGNC) stated that project, starting on the in service date of the guarantee, as that eligibility is DOE should look beyond nuclear power project or facility employing that particular prescribed by Title XVII and this rule. plants when defining the term technology. For purposes of this section, Indeed, it is perfectly possible that DOE ‘‘advanced nuclear energy facilities’’ commercial projects include projects that may decide not to issue a solicitation that appear in section 1703 of the Act. have been the recipients of loan guarantees from DOE under this part. covering a certain technology, even ACGNC stated that this language is though projects using that technology broad enough to allow DOE to issue DOE believes this definition reasonably would be eligible under this rule for a loan guarantees to projects that will addresses the concerns that DOE loan guarantee. Furthermore, this restore the domestic nuclear energy considers persuasive. By referring to the definition of ‘‘commercial technology’’ design, manufacturing, service and ‘‘same general application’’ as the in no way limits DOE’s ability to supply industry, such as uranium proposed project, the definition include within a solicitation a selection mining and milling operations; uranium provides that a technology is not criterion, and assign a weighting for that conversion and enrichment facilities; necessarily considered in ‘‘general use’’ criterion, based on the number of reactor component fabrication facilities; if it has been used for completely projects already in service using that and used fuel recycling plants. (ACGNC different projects or applications than in technology. at 2–3). Goldman and Sachs & Co. the proposed project. For example, the (Goldman Sachs) recommended that the 3. Nuclear Generation Projects fact that fuel cells have been used in final rule expressly include nuclear some small-scale applications for Public Comments: Comments from the power generating stations and advanced flashlights would not disqualify an nuclear industry asserted that technology low enriched uranium (LEU) application for a project that proposed regulations proposed in the NOPR were production facilities in the definition of to use fuel cells to power a motor not appropriate or workable for what could constitute an eligible vehicle. The definition also makes clear commercial nuclear power projects project. Goldman Sachs emphasized that it is only use of a technology in a because of the size and unique that the described facilities are essential project in the United States that can regulatory and litigation-related risks to fostering the domestic development potentially render it in ‘‘general use’’ for surrounding these projects. The of emissions-free, affordable base-load the purposes of this program. The industry’s stated primary concern is the nuclear power generation, and that definition provides that each of three ability of industry participants to access advanced nuclear energy facilities are projects using a particular technology the capital markets at what they view as one of the ten categories of projects must be in service for five years before reasonable rates, terms and conditions. specifically addressed in the Act. the technology is considered to be in CPS Energy (CPS), on behalf of itself (Goldman Sachs at 5). general use. Thus, this definition deals and the Large Public Power Conference, DOE Response: Nuclear projects were with the concern expressed by some a group of utility companies with the only type of projects for which some commenters that technologies should be nuclear power facilities, recommended commenters asserted the final rule barred from program eligibility only if that new nuclear technology should be should accord different treatment than there has been substantial actual defined separately and differently from other technologies. However, most if not operational experience with them. other technologies eligible for Title XVII all of those comments argued that Finally, the definition clarifies that loan guarantees. CPS cited two principal different treatment was appropriate projects that have received loan factors supporting this recommendation: because of the very large cost and long guarantees will be counted when (1) The capital intensive nature of new construction and permitting/licensing determining whether technologies have nuclear development; and (2) the time for such projects. And yet, similar

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arguments could be made in support of guaranteed portion, i.e., sold separately NEI viewed as a limitation adversely some other types of potentially eligible as an instrument fully guaranteed by the affecting the overall viability of the Title projects, such as refineries, IGCC Federal government. XVII program for nuclear projects. NEI facilities, or CTL projects. No The Act does not mandate a specific stated that the NOPR would create a commenters argued that nuclear equity contribution to a project that financing structure that is not workable. technology per se makes nuclear receives a Title XVII loan guarantee, but It would create, according to NEI, a projects deserving of different and more DOE proposed in the NOPR that in hybrid loan facility for which there is no favorable treatment than the final rule order to receive a loan guarantee, Project market, a debt instrument with a affords to other projects that have large Sponsors must have a significant equity guaranteed portion and a non- capital requirements and difficult stake in the proposed project. DOE guaranteed potion which cannot be regulatory environments. Moreover, solicited comments on the merits of stripped, and would render the DOE believes it has dealt appropriately adopting a minimum equity percentage unsecured, non-guaranteed portion of with many if not most of the concerns requirement for projects, and stated that the debt ‘‘quasi-equity.’’ The impact, expressed by nuclear industry in evaluating loan guarantee according to NEI, would be to participants regarding the issues of applications, the Department would compromise project economics, increase ‘‘general use’’ and other matters consider whether and to what extent a debt service requirements, and increase discussed elsewhere in this preamble Project Sponsor will rely upon other costs to electricity consumers. and in the final rule text. Therefore, the government assistance (e.g., grants, tax NEI further said if DOE’s proposal final rule does not differentiate between credits, other loan guarantees, etc.) to were adopted, the Title XVII loan nuclear power generation projects and support financing, construction or guarantee program would not operate all other projects. operation of a project. like other successful Federal loan Finally, DOE proposed to require with guarantee programs. NEI stated that B. Financial Structure Issues submission of an application for a loan those other programs generally provide The Act imposes certain limitations guarantee a ‘‘credit assessment’’ for the for 100 percent Federal guarantee on the financial structure of proposed project without a loan guarantee from a coverage of the loan amount; allow pari projects, including that a loan guarantee nationally recognized rating agency, passu treatment of non-guaranteed ‘‘shall not exceed an amount equal to 80 where the size and estimated cost of the commercial debt; and permit stripping percent of the project cost of the facility project justify such an assessment. of guaranteed debt from non-guaranteed that is the subject of the guarantee as Additionally, DOE proposed to require debt and follow standard practice in estimated at the time at which the that not later than 30 days prior to determining eligible project costs. NEI guarantee is issued.’’ (42 U.S.C. closing, Applicants must provide a said that DOE’s NOPR was deficient on 16512(c)) Section 1702(g)(2)(B) of the ‘‘credit rating’’ from a nationally all four of these issues. (NEI at 2–3). Act further requires that ‘‘with respect recognized rating agency reflecting the In a set of joint comments, Citigroup, to any property acquired pursuant to a Final Term Sheet for the project without Credit Suisse, Goldman Sachs, Lehman guarantee or related agreements, [DOE’s a Federal guarantee. The Department Brothers, Morgan Stanley and Merrill rights] shall be superior to the rights of requested comments as to whether it Lynch (Investment Bankers) stated that any other person with respect to the should establish a project size (dollar) investors or lenders in the fixed income property.’’ In the NOPR, the Department threshold below which DOE could markets will be acutely concerned about interpreted this statutory provision to waive the credit assessment and rating a number of political, regulatory and require that DOE possess a first lien requirements. litigation-related risks surrounding priority in the assets of the project and Public Comments: nuclear power, including the possibility other assets pledged as security, and of delays in commercial operation of a 1. Lender Risk, Stripping and Pari Passu stated that because DOE believed it is completed plant. The Investment not permitted by Title XVII to adopt a Commenters that addressed the 90 Bankers also stated that these risks, pari passu security structure, Holders of percent, no stripping, and pari passu combined with the higher capital costs the non-guaranteed portion of a loan or provisions in the NOPR were generally and longer construction schedules of debt instrument supported by a Title opposed to these restrictions. S&P nuclear plants, as compared to other XVII guarantee would have a commented on the 90 percent guarantee electric generation facilities, may make subordinate claim to DOE in the event limitation in combination with the lenders unwilling to make long-term of default. stripping prohibition stating that ‘‘[t]his loans to such projects on commercially DOE proposed in the NOPR that it is the provision [sic] that has the viable terms. (Investment Bankers at 1). only would issue a guarantee for up to greatest credit consequence. The rating The Nuclear Utilities also stated that 90 percent of a particular debt associated with a partially guaranteed the Title XVII loan guarantee program instrument or loan obligation for an obligation will be substantially lower must guarantee debt through workable Eligible Project. This limitation was than the ‘AAA’ rating of a fully financing instruments. They asserted subject to the overriding statutory guaranteed instrument . . . [and] will that limiting guarantee coverage to 90 requirement that DOE’s guarantees for a result in a significantly higher cost of percent, prohibiting pari passu security particular project could not exceed 80 debt for the project than if it was fully structures, and prohibiting ‘‘stripping,’’ percent of Project Costs. Furthermore, in guaranteed.’’ (S&P at 5). S&P also stated would result in a program that would connection with any loan guaranteed by that ‘‘[t]he disadvantage created by the not support the financing of new DOE that may be participated, partial guarantee can be overcome if the nuclear plants in the United States. The syndicated, traded, or otherwise sold on loan can be ‘stripped’, effectively Nuclear Utilities said that their primary the secondary market, DOE proposed to creating two tranches of debt, one with concern relates to the percentage of a require that the guaranteed portion and a ‘AAA’ rating and the second rated project’s debt the loan guarantee will the non-guaranteed portion of the debt much lower.’’ (S&P at 5). cover. They believe that DOE would be instrument or loan be sold on a pro-rata NEI asserted that allowing 90 percent fully justified in guaranteeing 100 basis. In the NOPR, DOE proposed not guaranteed loans, instead of placing the percent of a Guaranteed Obligation, up to allow the guaranteed portion of the limit at 80 percent as did the August to 80 percent of project cost. Moreover, debt to be ‘‘stripped’’ from the non- 2006 Guidelines, did not improve what the Nuclear Utilities stated that

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providing 100 percent guarantee instruments are purchased by investors it would be an effective mechanism for coverage of a debt instrument is not who are more risk averse. Investors in ensuring that investors/lenders perform only necessary because commercially non-guaranteed debt instruments are rigorous due diligence prior to viable financing is not available on an willing to take more risk for the committing their money for a project. non-guaranteed basis, but also because a prospect of greater returns on their (Baard at 5). investments. Verenium also expressed 100 percent U.S. government guarantee 2. Equity Requirements for Project concern about the 90 percent guarantee will enable lenders and borrowers to Sponsors maximize the efficiency of the existing, limitation and the prohibition on well-established marketplace for ‘‘stripping’’ that are similar to the Almost all parties that submitted government guaranteed debt. The concerns expressed by the Investment comments on this issue were opposed to Nuclear Utilities also believe that the Bankers and the Nuclear Utilities. a fixed numeric minimum equity ‘‘no stripping’’ requirement combined (Verenium at 4). Verenium suggested requirement. Illinois agreed with the with the prohibition on pari passu that one alternative to 100 percent concept that Project Sponsors should be security structures, creates a form of guarantees would be to allow the non- required to have a significant equity ‘‘hybrid’’ debt for which there is no guaranteed loan to be repaid on a stake in a project, but said DOE should natural, existing market. According to shorter amortization schedule than the not adopt a fixed, numeric minimum the nuclear industry, the market guaranteed loan. (Verenium at 6). equity percentage, threshold, or participants would incur a significantly According to JP Morgan Securities, requirement. Illinois asserted that equity higher average cost of financing, as well Inc. (JP Morgan) it is unclear how structure in a given project can vary as unnecessary transaction costs to lenders would fund the non-guaranteed with a number of factors, including achieve project structures that would portions of a partially guaranteed loan technology used and the market for the enable the project’s debt to be placed on which stripping was prohibited since project’s products, and that imposing a with its appropriate constituents in the banks rarely lend for tenures beyond fixed, numeric minimum equity existing marketplace. The Nuclear eight to ten years, particularly when the percentage threshold or requirement for Utilities stated that such structures debt is subordinated. JP Morgan further projects that might for good reason fall could lead to a form of ‘‘synthetic’’ stated that an expectation that lenders below such a threshold could result in stripping that undercuts the purpose of would maintain the non-guaranteed the exclusion of otherwise worthy the no stripping requirement. (Nuclear portions for the life of such loans is projects. (Illinois at 2). NEI also stated that DOE should not mandate a specific Utilities at 5–8). They recommended unrealistic, and that by taking a second minimum equity percentage for eligible that any concern about lender due lien interest, a lender’s participation is projects. The appropriate debt/equity diligence should be addressed by DOE tantamount to an equity investment. (JP ratio, according to NEI, will vary across retaining outside legal, technical, and Morgan at 1). Bechtel contended that a technologies and sectors and among financial experts to supplement its commercially viable market does not projects, and should be determined by internal expertise in performing the exist for a hybrid instrument for which project economics. (NEI at 23). Bechtel necessary project due diligence and stripping is barred. Eliminating offered similar comments. (Bechtel at 2). assessing project risks, and that the stripping, according to Bechtel, is not in reasonable costs and expenses of these 3. Other Governmental Assistance line with other Federal loan guarantee experts should normally be borne by the programs and would increase the cost of Most parties commenting on this sponsors and constitute part of project project debt by eliminating a bank’s issue stated that other governmental costs. (Nuclear Utilities at 10–11). ability to utilize various securitization assistance to a project should be The Investment Bankers expressed vehicles, such as the Private Export considered beneficial to the project and views that are generally consistent with Funding Corporation (PEFCO) or Govco, to DOE, and should not be used to those of the Nuclear Utilities. They also Inc., the special purpose lending vehicle exclude projects from consideration for noted that in some cases, investors in of Citigroup, which provide efficient the Title XVII program or regarded as a the AAA government-guaranteed market and cost effective vehicles to fund negative factor when evaluating the are restricted, legally or otherwise, from federally guaranteed loans. Bechtel merits of particular projects. With investing in the sub-debt market. They further agreed that the first lien respect to DOE’s consideration of the said that requiring investors to own requirement in the NOPR is inconsistent ‘‘extent the Applicant will rely on other interests through a mandated hybrid with established norms in project federal and non-federal governmental instrument in both AAA paper and lending and that the Export Import Bank assistance’’ (section 609.7(b)(9) of the deeply subordinated ‘‘quasi-equity’’ of the United States, the Overseas proposed regulations), Iogen agreed that paper removes both of these financing Private Investment Corporation, and the this factor should be considered, but a instruments from their natural market. Transportation Infrastructure Finance primary consideration should be (Investment Bankers at 1). The and Innovation Act of 1998 (TIFIA) whether there was significant private Investment Bankers stated that ‘‘[t]here program at the Department of equity involvement in a proposed is a deep and highly efficient market for Transportation treat any non-guaranteed project. Iogen stated that under no ‘AAA’ government guaranteed paper. debt as pari passu in terms of both circumstances should Federal Investors in that market are distinctly payment and security. (Bechtel at 2). government assistance be counted different from those investors who Power Holdings of Illinois LLC toward any equity contribution participate in the sub-debt market. (Illinois), however, supported the 90 requirement. Iogen agreed that DOE Requiring investors to own interests percent loan guarantee limitation in the should include Federal government through a mandated hybrid instrument NOPR, and the proposed prohibition on assistance only as an evaluation factor, in both AAA paper and deeply stripping. (Illinois at 1). Baard also and not as one of the six disqualifying subordinated ‘quasi-equity’ paper agreed with the 90 percent limitation. conditions listed at section 609.7(a) of removes both of these financing Baard said that this limit was an the proposed regulations because, instruments from their natural markets.’’ improvement over the 80 percent of among other things, government (Investment Bankers at 1). The 100 debt instrument guarantee limit set forth assistance reduces total project costs, percent Government guaranteed debt in the August 2006 Guidelines, and that thus reducing the size of any loan

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guarantee, increases the likelihood of emerging technologies. USEC stated that DOE could guarantee no more than 90 debt repayment, allows DOE to better credit rating agencies look to historical percent of any debt instrument for an leverage its participation in a variety of data—not clearly relevant to new or eligible project, (2) the guaranteed projects, and is an indicator of strong emerging technologies. On the other portion of any debt instrument could political and community support. Iogen hand, USEC said that DOE is positioned not be stripped from the non-guaranteed also stated that presence of Federal to conduct such an evaluation on its portion, and (3) DOE must have a first government assistance does not, in own with the other information lien on all project assets pledged as itself, limit the level of private provided in the application. (USEC at collateral for a guaranteed loan. The vast commitment. For example, Iogen stated 5). majority of comments DOE received that a project with 20% federal S&P stated that the credit assessments were in opposition to those provisions. assistance, a 50% loan guarantee, and provided at the time of application will DOE is persuaded by the comments it 30% equity, could reasonably be likely have to be limited to a rating received that identified a number of preferred over a project with an 80% category (with the ‘+’ and ‘¥’ signs that problems and difficulties with proposed loan guarantee and 20% equity. (Iogen normally accompany S&P ratings), sections 609.10(d)(3) and (4), and at 4–5). because project documentation will therefore is revising those sections in Bechtel stated that multiple forms of likely be in a very preliminary state at the final rule. Because the program governmental assistance should not be a this point. (S&P at 8). Goldman Sachs focuses on innovative technologies, for negative factor because tax and other recommended that the requirement for a which there often is not readily incentives are intended to be credit assessment as part of the available private market financing at complementary, not exclusive, and application submission be eliminated reasonable terms, and thus there is not multiple forms of governmental from the final rule although sponsors always a readily available commercial assistance could enhance a project’s should be able to elect to obtain a credit market substitute for debt that does not economics and creditworthiness. assessment as part of their application receive a Title XVII guarantee, DOE has Therefore, Bechtel asserted that subsidy submission if they wish to do so. determined that an alternative approach costs should be adjusted to reflect the Goldman Sachs stated that obtaining a is more appropriate. reduced risk of default where there are credit assessment is a long process that Sections 609.10(d)(3) and (4) now multiple forms of governmental ‘‘frequently consumes valuable time and provide that DOE may guarantee up to assistance. (Bechtel at 6). The Nuclear resources during the most critical stages 100 percent of the amount of a loan for Utilities also expressed the view that of negotiation.’’ Also, Goldman Sachs a project that receives a Title XVII loan other forms of governmental assistance asserted that ‘‘the primary rating guarantee, so long as all loan guarantees should be viewed positively. (Nuclear agencies often do not provide a final DOE issues for a particular project do Utilities at 20–23). CURC stated that if rating until all documents have been not exceed 80 percent of Project Costs, a project obtains other forms of negotiated and closing is imminent’’ which is a limitation imposed by Title governmental assistance, the cost of the and that the rating will ‘‘be highly XVII itself. As provided in the NOPR, loan guarantee should be adjusted to dependent on the existence of the loan section 609.7, DOE will evaluate the reflect the reduced risk of default on the guarantee, and thus a rating without the extent to which the requested amount of underlying debt obligation as a result of guarantee will be of little substantive the loan guarantee, and the requested the other support. CURC said that DOE value.’’ (Goldman Sachs at 9). amount of guaranteed obligations are should not limit a project’s ability to FES and P&W proposed that DOE set reasonable, relative to the nature and receive more than one form of federal a project cost threshold of $25 million scope of the project. assistance. (CURC at 5). for waiving the credit rating In accordance with Federal credit requirement. (FES at 3, P&W at 2). policy, DOE will issue 100 percent loan 4. Credit Assessment and Rating guarantees only if the loan is issued and Requirements Illinois also stated that DOE generally should have authority to waive any funded by the Treasury Department’s The NOPR proposed that a project credit rating requirement. However, Federal Financing Bank. DOE also will sponsor must obtain a preliminary according to Illinois, a simple project issue loan guarantees for loans from credit assessment and subsequent credit size threshold for waiving the private lenders where the guarantee rating for a project without a loan requirement would oversimplify the sought is for less than 100 percent of the guarantee from a recognized credit circumstances under which DOE would loan amount, and the final rule provides rating agency. (609.6(b)(21) and consider such waivers. Illinois stated that if DOE guarantees 90 percent or less 609.9(f)). Most commenters that that rather than a simple project size of a Guaranteed Obligation, the Eligible expressed a view on this issue stated threshold, DOE should set forth other Lenders and other Holders will not be that a credit assessment or rating was criteria, such as a ratio of project debt prohibited from separating the not very useful, and too expensive and to sponsor equity, the duration of the guaranteed portion from the non- that a better value could be obtained loan guarantee or the credit subsidy guaranteed portion of the debt from entities other than established cost, in addition to the project size. instrument. Thus, in cases where a rating agencies. (Illinois at 2). lender issues a loan and receives a USEC Inc. (USEC) stated that it does DOE Response: guarantee for more than 90 percent of not understand the purpose of proposed the loan amount, the non-guaranteed § 609.9(f) which required that applicants 1. Lender Risk, Stripping and Pari Passu portion cannot be stripped from the obtain a credit rating from a nationally The primary goals of the Title XVII guaranteed portion. recognized rating agency reflecting the loan guarantee program are to encourage If a loan is not 100 percent final term sheet without a Federal and incentivize the commercial use in guaranteed, it can be obtained from an guarantee. USEC said that such a the United States of new or significantly approved Eligible Lender. Moreover, if requirement would add to the cost of improved energy-related technologies 90 percent or less of a loan is guaranteed the application process with little and to achieve substantial by DOE, the Department is allowing benefit since the credit rating agencies environmental benefits. Eligible Lenders and other Holders to are ill-equipped to evaluate the Sections 609.10(d)(3), (4) and (13) of strip the guaranteed portion of a technical risks associated with new or the NOPR provided, in sum, that (1) Guaranteed Obligation from the non-

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guaranteed portion. DOE believes that in $25 billion in loan guarantees. The Title provides that if DOE makes a payment such circumstances, DOE still will gain XVII program involves advanced on the guaranteed debt, the Department the benefit of private sector debt market technologies, which by nature are is subrogated to the rights of the Holder, underwriting, but at the same time will riskier than technologies already in including the right to ‘‘complete, ensure that Eligible Projects are able to commercial operation. maintain, operate, lease, or otherwise obtain necessary financing, and be able DOE believes its resolution of the dispose of any property acquired to do so on reasonable terms. issues addressed above will help ensure pursuant to such guaranteed or related In the unique context of loan that eligible projects of all sizes can gain agreements, or permit the borrower guarantees for innovative energy access to credit on reasonable terms. * * * to continue to pursue the projects, DOE believes that the changes DOE is concerned about project access purposes of the project.’’ The Secretary made from the NOPR will assist projects to capital markets at reasonable interest cannot do any of those things unless the in obtaining financing on reasonable rates and on reasonable terms and Secretary owns or controls the entire terms. DOE recognizes that Federal conditions, and believes that the project. There is no provision, for credit policy generally encourages modifications it has made to the example, for the Secretary to purchase Federal credit programs to require that regulations in this final rule address the the interest of the non-guaranteed guaranteed obligations have a non- commenters’ concerns, while reducing lenders or holders of debt that is not guaranteed portion. As noted above, the the chance that unnecessary risks and supported by a Title XVII guarantee. program focuses on innovative costs are placed on the Federal Furthermore, section 1702(g)(2)(B) technologies for which there is often not taxpayers. provides that the rights of the Secretary, readily available private market It is customary and common practice with respect to any property acquired financing at reasonable terms, and thus in project financing for multiple lenders pursuant to a guarantee or related there may not always be a readily to enter into a pari passu structure with agreements, shall be superior to the available commercial market substitute respect to assets pledged as collateral to rights of any other person with respect for debt that does not receive a Title secure debt. If such a structure were to the property, and this provision XVII guarantee. Therefore, the employed for the Title XVII program, limits DOE’s rights to the collateral to Department has concluded that these DOE, pursuant to its Loan Guarantee ‘‘property acquired pursuant to a terms are necessary and appropriate to Agreement, and lenders that held non- guarantee.’’ carry out the purposes of this program. guaranteed debt, could share Insofar as it is applicable here, the DOE has determined that it should proportionately in the proceeds from the Department reaffirms the view it allow stripping on some partially sale of project assets pledged as expressed in 1980 in connection with guaranteed loans—i.e., only those on collateral if there were a default and the the loan guarantee program for which DOE has guaranteed 90 percent collateral was sold. In the NOPR, DOE alternative fuels, that while DOE is or less of the Guaranteed Obligation. As interpreted Title XVII’s requirement that required under section 1702(g)(2)(B) to noted above, the Title XVII program DOE have a superior right to project have a first lien on all project assets, the presents a unique situation—one in assets pledged as collateral to prohibit Department is not prohibited from which loan guarantees will be issued for pari passu structures, and as requiring negotiating and agreeing with parties projects that otherwise might have little all other lenders to be subordinate to about how the proceeds from the sale of or no access to financing on reasonable DOE. collateral will be shared. Section 19 of In the final rule, DOE has modified its terms, primarily because of the the Federal Nonnuclear Energy Research regulations to provide that DOE and the innovative nature of the eligible and Development Act of 1974, Loan technologies and projects. Holders of the non-guaranteed portion Guarantees for Alternative Fuel Where DOE guarantees more than 90 of the Guaranteed Obligations may share Demonstration Facilities, Pub. L. No. percent of the amount of a Guaranteed the proceeds received from the sale of Obligation, the guaranteed portion project assets. The Department 93–577, as amended, (Alternative Fuels Act), contained provisions similar to cannot be stripped from the non- interprets the Title XVII provision 2 guaranteed portion of the loan. In such requiring DOE to have a superior right section 1702(g)(2)(B). Section 19(g)(2) situations, DOE is concerned that there to project assets pledged as collateral to of the Alternative Fuels Act provided, in may not be a sufficient amount of non- mean that DOE retains superior rights part, that: guaranteed debt to cause reasonable and within the meaning of the statute even The rights of the Secretary with respect to appropriate debt market due diligence if the Department shares the proceeds any property acquired pursuant to such being performed. from the sale of project assets with the guarantee or related agreements shall be DOE notes that several of the Holders of the non-guaranteed debt as superior to the rights of any other person with respect to such property. commenters cited other Federal credit long as DOE controls the disposition of programs as justification for removing all project assets. Under this In the preamble to the final rule taxpayer protections proposed in the interpretation, it is solely within DOE’s implementing section 19(g)(2) of the NOPR; in several cases Title XVII is authority to determine whether, and Alternative Fuels Act and in response to significantly different from the programs under what terms, the project assets will arguments by commenters concerning cited. For example, financing under the be sold at all. For example, DOE the issue of pari passu sharing of the TIFIA program is statutorily limited to retains—as a superior right—the ability, project collateral, DOE stated as follows: 33 percent of eligible project costs, and even over the objections of other parties, Subsection 796.11(a)(9) of the proposed therefore there is significant equity and to decide against the liquidation of regulation required that the guaranteed loan lender participation. The Title XVII project assets and instead to complete not be subordinate to any other loan for the program is likely to be extremely large, construction of the project, subject to project and that the guaranteed loan be in a with $4 billion of loan volume already appropriations, or to sell an incomplete first lien position with respect to assets of the provided under the 2007 Continuing project and other collateral which are project to an entity that will complete pledged as security for repayment of the Resolution, and $9 billion requested in the project. the 2008 President’s Budget. DOE The Department views this 2 Section 19 appeared at 42 U.S.C. section 5919 already has pre-applications from the interpretation as being consistent with and was repealed by Pub. L. No. 109–58, the Energy first solicitation requesting in excess of section 1702(g)(2)(A) of the Act, which Policy Act of 2005, at section 1009(b)(12).

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guaranteed loan. DOE construes the Act to Most commenters agreed that the At the same time, DOE agrees with require this, and that only with regard to regulations should contain an equity commenters that the Department should assets not directly related to the project, but contribution requirement, and that the not by regulation establish a specified which may be pledged as collateral, may a numerical minimum on the equity less than first lien position be acceptable to regulations should not set a fixed DOE. numeric minimum equity percentage contribution to an Eligible Project. threshold or requirement. Commenters There likely will be a myriad of (45 FR 15468, 15471). said some projects might have good financing arrangements and differing DOE today adopts the same reasons for not meeting some numeric circumstances for the disparate types of interpretation of Title XVII as it adopted threshold, and that a specific numeric technologies and projects potentially in regard to nearly identical language in threshold might result in the rejection of eligible for Title XVII loan guarantees. section 19(g)(2) of the Alternative Fuels otherwise meritorious projects. Some The Department believes, based on the Act. Thus, DOE interprets the language commenters objected even to DOE record before it, that it should not set at in Title XVII as requiring a first lien on requiring by rule that projects have a this time a numerical minimum for the all project assets, but as allowing DOE ‘‘significant’’ equity contribution. equity contribution to an eligible to treat assets pledged to secure a project. project loan that are not project assets A Title XVII loan guarantee will be offered only to projects where the The determination of the significance the same as project assets. Consistent of the equity contribution cannot with the regulations concerning the project sponsors make a significant equity contribution toward the Project practicably be made at the time that the disposition of proceeds from the sale of loan application is filed. Thus, DOE has assets pursuant to the Alternative Fuels Cost. If private investors or project sponsors do not see fit to make any revised section 609.7(a)(6) of the NOPR Act (section 796(f) and (k)), section which stated that an Application will be 609.15 of today’s final rule also provides significant equity investment in a capital project, it is hard to see why disqualified if ‘‘[t]he applicant will not that where DOE only guarantees a provide a significant equity portion of a Guaranteed Obligation, the DOE should back loans for the project with a Federal guarantee. Such projects contribution’’ by deleting the words ‘‘a Secretary may enter into inter-creditor significant’’ and inserting the word or other arrangements to share the might well be appropriate for grant money or research and development ‘‘an.’’ DOE has retained section proceeds from the sale of project 609.7(b)(7) which provides that DOE collateral with lenders or other holders assistance, but in light of the overall purposes of Title XVII and the statutory will consider ‘‘[t]he amount of equity of the non-guaranteed portion of the commitment to the project by the requirement that DOE can issue loan Guaranteed Obligation. DOE may, at the Applicant and other principals involved guarantees for no more than 80 percent discretion of the Secretary, share the in the project’’ when evaluating of project cost, the Department believes proceeds from the sale of collateral. Applications for Title XVII loan it would not be prudent to eliminate any DOE is limited, however, to no greater guarantees. DOE will evaluate the equity requirement for the program. It is than a pro rata share for the non- amount of equity that will be in the interest of the Federal guaranteed Holder. However, in cases contributed to a project when evaluating government to ensure that borrowers where DOE guarantees 100 percent of a a project against other projects. Section have a significant equity interest in the loan, the loan must be issued to and 609.10(d)(5) of today’s final rule, assets to ensure the financial success of funded by the Federal Financing Bank. however, provides that the Project In those circumstances, DOE will have the project. Eliminating the requirement Sponsors must, at a minimum, have a a first lien priority on project assets might result in project sponsors significant equity investment in a pledged as collateral and all other debt financing a project entirely through a project. for the project at issue must be combination of government-backed subordinate to the Guaranteed loans, and other loans and government 3. Other Governmental Assistance Obligation. assistance. The Department does not Section 609.7(b)(9) of the NOPR believe such an approach would be provided that DOE will consider 2. Equity Requirements for Project consistent with the establishment of an ‘‘whether and to what extent the Sponsors overall sound Title XVII program. Applicant will rely on other Title XVII does not itself impose any Furthermore, DOE will consider the governmental assistance’’ when minimum equity contribution type and degree of equity contribution evaluating Applications for Title XVII requirement on projects that receive proposed for an eligible project for a loan guarantees. In the NOPR preamble, Title XVII loan guarantees. Section Title XVII loan guarantee to determine the Department noted that the receipt of 1702(c) provides that DOE can whether such contribution is significant other government assistance generally guarantee loans for no more than 80 and meets the eligibility requirements would be viewed negatively. (72 FR percent of the cost of a project, but does for a loan guarantee agreement. In 27476). not place any requirements on where or evaluating whether a borrower or Several commenters stated that DOE how a Project Sponsor may obtain other project sponsor is contributing should consider other governmental funds for an Eligible Project. significant equity to a project, the assistance as a positive and not a Nonetheless, in the NOPR, the Department will consider ‘‘equity’’ to be negative evaluation factor. As noted Department explained that DOE cash contributed by the Borrowers or above, those commenters asserted that believed it was prudent to require other principals. Equity does not the receipt of other assistance from Project Sponsors to have a substantial include proceeds from the non- Federal, state or local governments equity stake in a project before the guaranteed portion of any debt should be viewed as indicating support project could receive a Title XVII loan supported by a Title XVII loan guarantee for a project and thus adding to its guarantee. Thus, DOE proposed (in or from any other non-guaranteed debt. commercial viability, rather than section 609.7(a)(6) of the proposed The value of other forms of government reflecting financial and commercial regulations) that applications would be financial assistance or support also does weakness. Most commenters that denied if ‘‘[t]he applicant will not not constitute ‘‘equity.’’ The Department expressed a view did believe that it provide a significant equity has set forth this definition of ‘‘equity’’ would be appropriate for DOE to at least contribution.’’ in section 609.2 of the final rule. consider the receipt of other government

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assistance in evaluating Applications. DOE agrees that in some financing package. They contend that See e.g. Bechtel at 6, Eastman at 3; and circumstances, it may be desirable to the inclusion of such fees or costs in the Goldman Sachs at 9. waive a credit rating requirement. For financing package neither increases DOE has retained section 609.7(b)(9) example, projects for which project project risk, nor diminishes the in the final rule as it was proposed in costs fall below a certain level may not reasonable prospect of repayment of the the NOPR. As DOE stated in the NOPR, warrant the cost of a credit rating, loan. (See e.g. NEI at pp. 18–19; Nuclear we recognize that in certain should the cost prove large in Utilities, at p. 18; and FES at p. 2) circumstances, multiple forms of comparison to the overall cost of the TXU similarly supported the Federal assistance to the same project project. Therefore, in the final rule DOE inclusion of Credit Subsidy Costs and could enhance important national has added to section 609.9(f) the administrative fees in total Project Costs energy policy priorities. We believe the following language: ‘‘where the total and supported making them eligible, at current language in section 609.7(b)(9) Project Cost for an Eligible Project is least in part, for the federal loan is sufficient to address these projected to exceed $25 million.’’ The guarantee. TXU added that total project circumstances. Department selected this number costs should include 100 percent of the costs to bring a plant into commercial 4. Credit Assessment and Rating because it believes any project that costs operation, including all financing and Requirements below that amount may find it uneconomic to obtain a credit rating and start-up costs. (TXU at 7). Section 609.6(b)(21) of the NOPR to participate in the Title XVII program. S&P, however, took a different required the Applicant to submit with By putting this threshold in place, DOE position from most commenters, and its Application a credit assessment for seeks to support smaller projects. asserted that DOE’s proposed definition the project without a loan guarantee of the project’s total costs is consistent ‘‘where the size and estimated cost of C. Project Costs with general market practice, except the project justify such an assessment.’’ Sections 609.2 and 609.12 of the that, if projects obtain a guarantee from Section 609.9(f) of the NOPR proposed proposed regulations defined ‘‘Project a monoline insurer, the premium paid to require that not ‘‘later than 30 days Costs’’ as those costs, including for such a wrap is generally included in prior to closing, the applicant must escalation and contingencies, that are the total cost of the project to be provide a credit rating from a nationally necessary, reasonable, customary, and financed. However, its exclusion here recognized rating agency reflecting the directly related to the design, appears consistent with the intent of Final Term Sheet for the project without engineering, financing, construction, [Title XVII], namely to prevent the a Federal guarantee.’’ startup, commissioning and shake down subsidy fee itself from potentially Most commenters complained that the of an Eligible Project. Conversely, costs becoming a taxpayer liability in the rating agency requirements proposed in excluded from the definition of Project event of default. (S&P at 2). the NOPR would impose unnecessary Costs included initial research and USEC also asserted that Credit costs and burdens on project sponsors, development costs, the Credit Subsidy Subsidy Costs and administrative fees with little corresponding benefit to the Costs, any administrative fees paid by should be counted as Project Costs. Department. (Bechtel, at p. 2–3) Other the Project Sponsors, and operating USEC’s comments also identified other commenters suggested that the costs after the facility has been placed costs that should be specifically requirement for a credit assessment be in service. considered to be Project Costs. These eliminated from the final rule. (e.g. Public Comments: As noted above, the include: general and administrative Goldman Sachs at p. 9) Two Department intends to implement Title costs; performance incentives paid to commenters proposed a threshold of XVII through the ‘‘self-pay’’ authority employees or officers working on the $25 million for waiving the credit rating provided in the Act. Thus, DOE has no project (because the project is benefiting requirement. Another expressed the current intention to seek appropriations from the increased performance); view that DOE should be able to waive to pay for the Credit Subsidy Costs of research, development, and the requirement where appropriate. Two any Title XVII loan guarantees, but demonstration costs that are directly commenters thought that a waiver rather project sponsors will be required related to the project; and expenses should not depend on project size, but to pay those costs before DOE enters incurred after start-up. USEC said that rather should depend on other factors as into a loan guarantee agreement. by excluding potentially large, post- well such as the ratio of project debt to Pursuant to FCRA, the Credit Subsidy start-up costs, DOE would essentially be sponsor equity. Cost reflects the net present value of the requiring an additional equity DOE has retained the credit estimated payments to or from the investment by the project sponsor. assessment and rating requirement Government. It is impossible to tell at USEC argued that DOE should allow provisions, 609.6(b)(21) and 609.9(f). this point what the Credit Subsidy Cost these costs as part of Project Costs and DOE believes that these requirements will be for any particular project. evaluate them on a case by case basis will be beneficial in aiding the Most commenters argued that Credit when reviewing the economics of a Department when it determines the Subsidy Costs and Title XVII project. (USEC at 6–7). credit subsidy scores for particular administrative fees that are paid by a Beacon recommended that the final projects, and when it assesses and project sponsor should be treated as rule allow ‘‘as an option’’ the inclusion evaluates the risks and benefits of Project Costs. These commenters of Credit Subsidy Costs and particular projects. maintain that the exclusion of Credit administrative fees in the definition of DOE notes the distinction between the Subsidy Costs and administrative fees Project Costs. Beacon said that such credit rating on the overall project debt from Project Cost is inconsistent with costs could pose a substantial burden on which lenders or project sponsors may the treatment of similar costs in small businesses and development stage wish to obtain for pricing the debt; and commercial project financing and in companies unless they are included in the credit rating without considering the other Federal programs. These Project Costs. (Beacon at 1). Goldman benefit of the guarantee, which will commenters also state that there is no Sachs also recommended that Project inform DOE’s evaluation of the project provision in either FCRA or in OMB Costs be defined to include Credit and estimation of the Credit Subsidy Circular No. A–129 that prohibits the Subsidy Costs and the administrative Cost. inclusion of these costs in a project’s cost of issuing a loan guarantee.

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Goldman Sachs further recommended government, or from a federally Applications for a limited time in that Project Costs be defined to include guaranteed loan. response to a particular solicitation. the costs of administrative services While some commenters asserted that Commenters from the nuclear industry provided by affiliates; development other Federal agencies permit items supported this recommendation by expenses; pre-completion operation and such as Credit Subsidy Costs or similar pointing to difficulties that may be faced maintenance costs; and costs of expenses and administrative fees to be by nuclear project sponsors with a procurement and testing. Project covered by the Federal guarantee issued project development timetable that does financings, according to Goldman pursuant to their loan guarantee not match a DOE solicitation. These Sachs, customarily cover all costs programs, the Credit Subsidy Cost under commenters also noted that DOE is not associated with the construction of the Title XVII reflects the subsidy cost of in a position to assess with precision the project, including fees and expenses. To the loan guarantee, as defined in FCRA. market forces that will govern the require the project sponsor to cover It is important to note that this is not number of new projects potentially these costs, in Goldman Sachs’ view, comparable to the fees cited in eligible for loan guarantees, or when would either eliminate the non-recourse comments which may offset, but do not those projects will need loan guarantees, nature of the financing or mean that the reflect the explicit subsidy cost for the and contended that other major federal lenders would have to cover these individual loan guarantee. loan guarantee programs—including amounts with a non-guaranteed loan. To the extent commenters TIFIA, Ex-Im Bank and OPIC—operate Moreover, whereas the proposed rule recommended other costs that are not with an open or ongoing (rolling) states that the loan guarantee will cover specifically listed in the final application process. (NEI at pp. 28–29; only principal and interest, Goldman regulations for inclusion in the Nuclear Utilities at p. 17) Sachs asserted that the loan guarantee definition of eligible Project Costs, the The Nuclear Utilities ask that DOE should cover all borrower obligations, Department rejects those comments. The adopt a flexible ‘‘open’’ application including without limitation default Department sees no adequate basis for process for large multi-year projects interest and post-petition interest, further revising the rule’s definition of involving more than $2 billion and/or reimbursement of letter of credit Project Costs except as otherwise 1,000 MW of generating capacity. drawings, prepayment premiums, provided in the final rule. (Nuclear Utilities at p. 17) Citi stated However, DOE again stresses, just as payments under interest rate hedging that ‘‘[b]y accepting applications only in it did in the NOPR, that the purpose of agreements, fees, expenses, and response to a particular solicitation, the the Title XVII Loan Guarantee Program indemnification payments. Goldman DOE loan guarantee process would be is to foster the deployment of qualified Sachs said this would be consistent unduly prejudicial to projects that innovative technologies that would with the definition of ‘‘obligations’’ in happened to have matured to produce reduce or sequester air pollutants or project finance loan agreements. the required pre-application materials in anthropogenic greenhouse gas (Goldman Sachs at 6). Ameren too the narrow timeframe of a solicitation.’’ emissions; it is not to assist or support opposed the NOPR’s exclusion of Citi requested clarification that DOE high-risk research into or development certain categories of costs from the will accept and review applications for of new technologies. Nor is it to assist definition of Project Costs. The NOPR, eligible projects at any time when in the ongoing commercial operations of in Ameren’s view, does not explain why sponsors believe that the markets are successful projects. Therefore, costs the excluded categories are less suitable ready for their investment. This related to the initial research and allegedly would not preclude DOE from for a guarantee and Ameren said that the development of a new technology or to opening or closing the program for exclusions are ‘‘not conducive to operating costs will not be accepted as specific technologies at various times. encouraging innovation.’’ (Ameren at 3– Project Costs for purposes of such (Citi at 5). Goldman Sachs, Bechtel and 4). guarantees. USEC likewise recommended an open DOE Response: For any project that is application process but also supported a D. Solicitation granted a Title XVII loan guarantee, the simplified three-step process Credit Subsidy Cost and administrative Section 609.3 of the proposed (application, followed by a conditional costs charged by DOE, are costs that regulations required DOE to issue a commitment, followed by negotiation must be paid by the borrower and are solicitation to start the process of and execution of a loan guarantee necessary terms and conditions of accepting, reviewing, and ultimately agreement). (Goldman Sachs at 8, receiving the guarantee. As stated in the granting applications for Title XVII loan Bechtel at 7, and USEC at 6) (Bechtel at S&P comments, the DOE position is guarantees. This section also set forth 6–7). Bechtel indicated that this three- consistent with the intent of Congress to certain minimum requirements for each step process is used by other federal require such costs be paid by the solicitation, including the fees that agencies. (Bechtel at 7) borrower. Allowing these fees to be would be required of persons invited to Beacon further recommended that included in the Project Costs would submit Applications and the criteria language in proposed § 609.4 stating increase the amount of debt that could that the Department would use to weigh that the Pre-Application must meet all be supported by a Title XVII loan competing Pre-Applications and requirements in the solicitation and in guarantee. As funding is fungible, Applications and to make ultimate the final rule should be modified by allowing the Credit Subsidy and selections for loan guarantees. The changing ‘‘must’’ to ‘‘should’’ or ‘‘is Administrative Costs to be financed proposed regulations set forth expected to.’’ This change would with the Title XVII loan guarantee could programmatic, technical, and financial prevent pre-applications from automatic in effect transfer these costs to the factors, including the percentage of the disqualification if they are missing one taxpayer in the event of default. loan guarantee requested, to be used by item, and would make § 609.4 Furthermore, consistent with the DOE to select projects for loan consistent with § 609.5. (Beacon at 3) requirements of Public Law 110–5 and guarantees. DOE Response: While DOE agrees that as in the NOPR, the final regulations Public Comments: Several an ‘‘open’’ or ‘‘rolling’’ process for Title prohibit a Borrower from paying any commenters stated that DOE should use XVII loan guarantee program Title XVII Credit Subsidy Cost with a ‘‘rolling’’ or ‘‘open’’ application applications would give applicants funds obtained from the Federal process, as opposed to only accepting greater flexibility in deciding when, or

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if, to submit an application to DOE, procedures or requirements to be guarantee authority authorized by the adopting such a structure at this time employed when the Department CR. Moreover, DOE’s intent continues to would interfere with the Department’s evaluates applications for loan be to implement the Title XVII program ability to select which of the guarantees. As a practical matter, loan only through the self-pay authority of technologies that Title XVII makes guarantee applications submitted in section 1702(b)(2). As stated in the statutorily eligible for loan guarantees response to solicitations will be NOPR, DOE interprets section 1702(b) should be the focus of any such competing against each other for as authorizing either an appropriation or authority made available by Congress. If available loan guarantee authority. This payment of the credit subsidy cost in DOE were to adopt the ‘‘window is enables and indeed requires full by the Borrower, but Title XVII does always open’’ and ‘‘first come first competition to take place by requiring not allow and DOE will not allow served’’ approach to Title XVII, as some that each solicitation set forth relative partial payment of the Credit Subsidy commenters appear to advocate, then it weighting criteria by which applications Cost by the Borrower with the is possible that all loan guarantee for loan guarantees will be judged. In remainder covered by a Congressional authority provided by Congress at any that manner, applications will not appropriation. particular time could be absorbed by necessarily be ‘‘competed’’ one against Public Comments: Several only one or a few very large projects, to the other, but the evaluation process commenters recommended a the exclusion of smaller projects. This nonetheless will result in the transparent formula for the calculation could have the result of the program applications being ranked in such a of each project’s Credit Subsidy Cost. focusing heavily on only certain eligible manner that the applications that best They contend that project sponsors need technologies merely through operation fulfill statutory and solicitation criteria a reasonably accurate estimate of the of the rule itself. Moreover, there is no from the Department’s perspective will subsidy cost early in the development certainty that the projects first through receive higher scores. process in order to support multi-billion the application door would be in the DOE is mindful that certain projects, dollar investment decisions. Otherwise, areas that either the Department or e.g. nuclear power plants, require long project sponsors will be forced to engage Congress wished to promote at the lead times prior to the submission of a in lengthy negotiations before they particular time. DOE should be able to loan guarantee application, but believes know the amount of the Credit Subsidy tailor loan guarantee availability to that solicitations can be devised and Costs they will be required to pay, and particular technologies and particular tailored to particular technologies that before they can properly assess their projects that are the most promising and accommodate such long lead time interest in the Title XVII program. (e.g., that in the Department’s judgment will requirements consistent with the Dominion at 9; Southern at 2) For most benefit the Nation. Finally, overarching legislative purpose of regulated electric companies in adopting the open application approach promoting technologies that further particular, negotiation with state could eliminate the Department’s ability Title XVII policy goals. Additionally, regulatory bodies concerning recovery to have projects compete against one DOE does not believe it is appropriate of project costs arguably will be another for the available loan guarantee to make the language change requested impossible without some reasonable authority. Especially in the situation by Beacon to section 609.4 of the final estimate of the Credit Subsidy Cost. where available authority is likely to be regulations. The listed items to be NEI suggested that DOE develop insufficient to satisfy all loan guarantee included with Pre-Application written guidance providing the specific requests, DOE believes it is desirable for submissions are intended to be considerations that will enter into the there to be competition among projects mandatory. However, the Department determination of the Credit Subsidy for the available loan guarantees, rather clarifies that a Pre-Application will not Cost for a project and modify the than for the authority to be used up on necessarily be rejected simply because proposed rule to: (1) Provide for early a first come first served basis regardless one or even a few items are not in final disclosure to an applicant of how DOE of the relative merits of potentially form when they are submitted with the expects to apply those considerations in eligible projects. initial Pre-Application submission. The determining the Credit Subsidy Cost for At some future time, after substantial Department will exercise reasonable the applicant’s project; and (2) afford experience has been gained in the discretion in giving Applicants an the applicant an opportunity to respond administration of the Title XVII opportunity to complete their Pre- in writing for the purpose of allowing program, it may be appropriate and Application submissions in a timely DOE to determine whether additional possible for the Department to manner within the open period considerations and analysis warrant a reconsider this position. In the provided by a solicitation. DOE, of re-estimate. (NEI at 17–18). meantime, however, DOE believes it is course, may reject any Pre-Application Other commenters seek clarification appropriate to implement the program or Application that it considers that when determining subsidy costs, by requiring the Department to issue a incomplete. DOE and OMB will evaluate the entire solicitation for projects, tailored broadly risk profile of the project, including but E. Payment of the Credit Subsidy Cost or narrowly as the Department sees fit not limited to creditworthiness of the at the time and in light of programmatic Section 1702(b) of the Act states that: project and, to the extent of the equity objectives. ‘‘No guarantee shall be made unless (1) contribution, the project sponsor; the The Department thus has decided to an appropriation for the cost has been Borrower’s exposure to market and adopt a solicitation-based approach to made; or (2) the Secretary has received commodity risks; and the Borrower’s the implementation of Title XVII, as was from the borrower a payment in full for exposure to vendor cost increases or proposed in the NOPR. The rule the cost of the obligation and deposited construction delays. According to these provides that each solicitation must set the payment into the Treasury.’’ (42 commenters, the Department should forth relative weighting criteria U.S.C. 16512) Section 20320(a) of P.L. consider that the more creditworthy the specifying the factors that will be used 110–5, however, only authorized DOE to project is, the lower the subsidy cost to evaluate applications and the relative accept Credit Subsidy Cost payments should be. They ask that the final weighting assigned to each criterion. from Borrowers to pay the full Credit regulations recognize that greater equity DOE has considered, but has decided Subsidy Costs of loan guarantees with investment, liquidity, and management not to require by rule, competitive respect to the $4 billion in loan experience reduce default risk and,

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therefore, should result in lower subsidy methodology that can be used to outstanding or accrued administrative cost. (NEI at 17–18; and Southern at 2) calculate the Credit Subsidy Cost for fees). JP Morgan maintained that the individual projects under this program. On the other hand, we do not agree magnitude of the subsidy cost could With respect to the comment indicating that lenders in all circumstances should have a significant impact on a that the credit subsidy cost should be similarly be permitted to withdraw their borrower’s interest in a loan and a small, DOE must calculate the Credit commitments upon notification of the lender’s willingness to provide the Subsidy Cost in accordance with the Credit Subsidy Cost, as recommended financing. Given the uncertainty of the Federal Credit Reform Act. DOE will by some commenters. The rights of Credit Subsidy Cost calculation, JP calculate the Credit Subsidy Cost of any lenders to withdraw will turn on the Morgan recommended that DOE provide loan guarantee on a case-by-case basis in nature of the commitment that the borrowers with an option to withdraw accordance with FCRA and OMB lender has given to the Borrower. their applications upon DOE’s Circular A–11. Per the definition in We also reject the recommendation notification to the borrower of the FCRA, the credit subsidy cost reflects that Applicants should be able to make subsidy cost to be charged. Similarly, JP the net present value of estimated partial payment of the Credit Subsidy Morgan asserted that lenders should be payments from the government (e.g. Cost and rely on appropriations for the permitted to withdraw any default claim payments) and to the remainder of the Credit Subsidy Cost for commitments upon notification of the government (e.g., recoveries), a particular project. As indicated in the subsidy cost, and that DOE’s discounted to the point of disbursement. NOPR, DOE interprets section interpretation of § 1702(b) in the NOPR For any project, the terms and 1702(b)(2) of the Act as not permitting should be reconsidered in order to conditions of the guaranteed debt, the partial payment of the Credit Subsidy permit borrowers to pay part of the risks associated with the project, and Cost by the Borrower, with the Credit Subsidy Costs where there has any other factor that affects the amount remainder coming from an been a congressional appropriation. (JP and timing of such cash flows will affect appropriation. DOE believes the Morgan at 2) the credit subsidy cost calculation. statutory language is clear in that regard, USEC asserted that the Credit Subsidy Factors that mitigate risks will generally Cost should be small in order to ensure but even if it were determined to be lower the credit subsidy cost. We note ambiguous, DOE would exercise its repayment (commensurate with other that the approach used by Ex-Im and policy discretion to interpret the federal loan guarantees). Apparently in recommended by Ameren does not statutory provision in the manner set order to keep the Applicant’s share of apply here because the fees charged by forth herein. Consequently, DOE Credit Subsidy Costs small, USEC Ex-Im do not reflect the subsidy cost for adheres to the interpretation of this recommended that DOE seek the loan guarantee. appropriations for credit subsidy costs The Department and the Office of provision set forth in the NOPR, and because the overall purpose of the Title Management and Budget (OMB) retains in the final rule the all or none XVII program is to foster commercial recognize the value to project sponsors principle with respect to the payment of deployment of new and innovative and lenders of knowing the earliest Credit Subsidy Costs, unless otherwise technologies. (USEC at 5). Beacon also reasonable time the appropriate credit provided by statute. The Department maintained that § 609.9(d)(1) of the subsidy cost for the sponsor’s desired notes that the final rule does not proposed rule should be modified to loan guarantee. The Department and prohibit the use of appropriations to pay permit partial self-funding/partial OMB further recognize that the two for those Credit Subsidy Costs—indeed, appropriation of the Credit Subsidy agencies must work together to produce Title XVII explicitly allows that. But Cost. Specifically, Beacon any preliminary credit subsidy cost DOE has no current intention to seek recommended that DOE should change estimate. Accordingly, the Department appropriations to pay Credit Subsidy the parenthetical ‘‘(but not from a and OMB are committed to making Costs for any projects. combination)’’ in § 609.9(d)(1) to every effort to agree upon and provide F. Assessment of Fees ‘‘(including a combination)’’. (Beacon at to project sponsors, at the time a Term 6). Ameren, too, contended that the Sheet is provided, a preliminary credit Section 1702(h) of the Act requires NOPR should be revised to allow for the subsidy cost estimate for the desired DOE to ‘‘charge and collect fees for possibility that Congress will loan guarantee, based on information guarantees’’ to cover the administrative appropriate money for payment of the available to the Department and OMB at cost of issuing a Loan Guarantee. Credit Subsidy Cost. Ameren stated that that time. The final credit subsidy cost Proposed sections 609.6, 609.8, and the regulations should not always determination can only be made at the 609.10 provided that DOE would collect require applicants to pay the Credit time of the Loan Guarantee Agreement, fees for administrative expenses Subsidy Costs for a guaranteed loan, and and may be different from the covering all phases of an Eligible encouraged DOE to follow the flexible preliminary credit subsidy cost Project. As defined in proposed section approach used by Ex-Im Bank. (Ameren estimate, depending on project-specific 609.2, these fees consist of the at 4–5). and other relevant factors including administrative expenses that DOE DOE Response: The Department has final structure, the terms and conditions incurs during: (1) The evaluation of both decided not to alter the proposed of the debt supported by the Title XVII the Pre-Application, if a Pre-Application regulation dealing with the calculation guarantee, and risk characteristics of the is requested in a solicitation, and the of Credit Subsidy Costs. With respect to project. Application for a loan guarantee; (2) the the issue of transparency, the We note that Applicants are free to offering of a Conditional Commitment, Department certainly understands the withdraw their Applications at any time the execution of the Term Sheet, and the need for and importance of a if they find that the Credit Subsidy Cost negotiation and closing of a Loan mechanism to allow potential is more than the Applicant is willing to Guarantee Agreement; and (3) the participants in the Title XVII program to pay. The right of an Applicant to servicing and monitoring of the Loan calculate an approximate Credit Subsidy withdraw its application does not Guarantee Agreement, including during Cost for the loan guarantee they are relieve the Applicant of any obligations construction, start-up, commissioning, seeking from DOE. The Department to DOE at the time of the withdrawal shakedown, and the operational phases currently is working to develop a (including, for example, the payment of of an Eligible Project.

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Public Comments: Several performance requirements. These deleted. That language would require commenters stated that administrative requirements, which were set forth in eligible lenders to have experience as fees should be known, quantified, and/ sections 609.2 and 609.11 of the the lead lender or underwriter by or fixed at the time an application is proposed regulations, were intended to presenting evidence of its participation submitted to DOE. Beacon, for example, ensure that the Eligible Lender or other in other energy-related projects. Beacon recommended that all fees should be servicer had the financial wherewithal maintains that this requirement is quantified in advance as a percentage of and appropriate experience and unduly restrictive because not many the loan amount or in a formula based expertise to meet its fiduciary lenders have such experience and it is on the loan amount, and said DOE obligations in connection with the debt also generally irrelevant since the loan should make a conforming change to the guaranteed by DOE. Section 609.10(g) of guarantee program is limited to new or proposed rule. Beacon commented that the proposed regulations also provided significantly improved technologies. knowing the basis of fee amounts that a lender must provide written (Beacon at 7). arguably would facilitate the calculation notification to DOE prior to the Goldman Sachs asserted that, except of project costs and alleviate the burden assignment or transfer of any portion of for certain critical requirements (e.g., of cost uncertainties on small businesses a Guaranteed Obligation. eligible lenders are disqualified if they and development stage companies. Public Comments: TXU stated that have been disbarred from participation (Beacon at 1). Ameren sought ‘‘[a]ny lender providing debt capital to in a Federal government contract), the clarification as to how DOE anticipates a project on a limited recourse basis provisions in the NOPR regarding the recovering the costs associated with would be performing an exhaustive due- eligible lender should apply only to the evaluation of Pre-Applications that diligence process, using appropriate lead lender. This is necessary, Goldman progress no farther in the process. expertise to analyze the risks.’’ TXU Sachs argued, because only a small Ameren asserted that the costs should asserted, therefore, that the duty of care number of lenders will be able to meet be borne by DOE rather than from funds specified in the regulations is the standards set forth in the NOPR, e.g., made available for the issuance of loan unnecessarily duplicative of the process will have the experience originating and guarantees. Ameren stated that ‘‘[i]t that the lender will use irrespective of servicing loans similar in size and scope would be inappropriate to reduce funds the Department’s involvement as to the projects that will be the subject specifically appropriated for loan guarantor. Additionally, TXU contended of loan guarantee applications; or be guarantees to cover Department that any specific duties such as notice able to demonstrate experience as the administrative expenses that the requirements should be assigned to an lead lender in other energy-related Department has chosen to bear.’’ Administrative Agent or Lending Agent projects. Particularly as regards the (Ameren at 5–6). and that debt held by other lenders expected financing needs of nuclear DOE Response: DOE recognizes the should be freely marketable without power projects, Goldman Sachs concern of several commenters on the administrative burden on all lenders. maintained that the potential lending advantages of a well-understood (TXU at 8). WMPI Pty., LLC (WMPI) pool should be kept as large as possible. formula for calculating administrative recommended that DOE revise the (Goldman Sachs at 8). fees. The Department may at some requirements proposed for lenders to DOE Response: The Department future time take action with respect to take into account that eligible projects endorses the idea of maximizing the administrative fees but is not doing so are more likely to be financed in capital pool of Eligible Lenders and of allowing now. The fees are intended to recover markets by a group of bondholders only DOE’s administrative costs in through a public offering than by a the use of loan servicers that may not be managing the Loan Guarantee Program. single lender. Specifically, WMPI Eligible Lenders but that otherwise meet A fee schedule will be published by pointed out that a commitment letter all applicable standards. DOE in the near future. would not be issued where there is a In addition, in response to comments We reject Ameren’s recommendation bond issuance and recommended that that DOE finds persuasive, the that the costs of administering the Loan DOE recognize this fact in the final rule. Department has eliminated proposed Guarantee Program should be borne by WMPI also asserted that the final section 609.11(a)(1) from the final rule. DOE. Section 1702(h) of the Act calls for regulations should be revised to take Furthermore, while DOE rejects DOE to ‘‘charge and collect fees * * * account of the fact that interest charges Beacon’s suggestion that the Department sufficient to cover applicable and repayment schedules are not known delete the entirety of section administrative expenses’’ of the Title in advance of a bond sale and, therefore, 609.11(a)(6) of the proposed regulations, XVII program. Therefore, while DOE regulations calling for copies of loan we did expand the definition. While it does have discretion to determine documents containing all of the terms is arguably true that the pool of which administrative expenses should and conditions of the loan, including servicers might be increased even be properly deemed ‘‘applicable’’ to this interest charges and principal further if section 609.11(a)(6) were program and/or to particular repayment schedules, will be completely eliminated, deletion of this applications and thus recovered from inapplicable if the financing is done provision altogether would not be program applicants or participants, the through a bond public offering. (WMPI consistent with DOE’s desire to Department certainly is not free to at 11–13). establish a program where there was a determine that it will recover none of its Beacon recommended that the reasonable assurance of repayment in administrative costs from applicants or language ‘‘including a qualified connection with guaranteed loans. We participants and, instead, fund the costs retirement plan, or governmental plan’’ note, however, that in the final rule, of the program through appropriations be deleted from the definition of Eligible section 609.11(a) and (b) do not apply from Congress. Lender in proposed section 609.11(a)(1) to a loan servicer unless the servicer is because small businesses and also the Eligible Lender. G. Eligible Lenders and Servicing development stage companies may need In response to WMPI’s comments, Requirements to approach financial institutions that DOE believes that today’s final rule is The NOPR stated that participating may not have the specified plans. flexible enough to support bond Eligible Lenders or other servicers must Beacon also recommended the entirety financing. Among other things, the meet certain eligibility, monitoring, and of proposed section 609.11(a)(6) be definition of ‘‘Holder’’ is sufficiently

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broad to cover the issuers of that type otherwise provided authority to make apply to all loan guarantees issued of debt. guarantees in an appropriations act. under the Title XVII program. While the Act authorizes payment from Public Comments: USEC expressed H. Federal Credit Reform Act of 1990 a borrower as an alternative source of concern that the Department’s assertion (FCRA) funding, any such alternative source of of audit authority could be interpreted FCRA provides that for any federal funding does not relieve DOE from the as requiring application of the Federal credit program, new direct loans and necessity of obtaining authority in an Acquisition Regulations (FAR). (USEC loan guarantees may not be made unless appropriations act for the issuance of at 6) Other parties were concerned that authority has been provided in advance any loan guarantees, even in cases after-the-fact audits could reduce the in appropriations act(s). See 2 U.S.C. where the Credit Subsidy Cost will be amount of project costs and the extent 661c(b). Title XVII authorizes the paid by the borrower or project sponsor of the guarantee coverage. According to issuance of loan guarantees where the and no appropriations are used to pay Bechtel, in particular, such a credit subsidy cost, calculated in such costs. Congress acted consistent requirement would make the guarantee accordance with FCRA, is paid either with this interpretation of Title XVII a conditional commitment. (Bechtel at through appropriations or by the and section 504 of FCRA when, in 5–6) These parties pointed out that in borrower receiving the loan guarantee section 20320 of Public Law 110–5, it project financing, an independent from the Department. On February 15, authorized a $4 billion loan guarantee engineer is customarily used to review 2007, Public Law 110–5 was enacted. limitation and required the use of the and certify costs prior to each loan That statute provides DOE with the self-pay authority of Title XVII for the disbursement and they recommended necessary authority, consistent with loan guarantee authority provided by this approach be adopted in DOE’s FCRA and section 1702, to guarantee in Public Law 110–5. regulations. In Bechtel’s view, once a the aggregate up to $4 billion in loans In the absence of the Title XVII disbursement is made, the guarantee for Title XVII projects. The authority to authorization for DOE to receive should be unconditional and not subject issue guarantees, however, was limited borrower-paid funds to pay for the to reduction in a post-disbursement to Borrowers who pay the applicable Credit Subsidy Cost of a particular loan audit. (Bechtel at 5–6). Credit Subsidy Cost. No general funds Goldman Sachs recommended that guarantee, DOE would not have the are available to pay Credit Subsidy the final rule clearly provide for the ability to defray the Credit Subsidy Costs. guarantee to be available in the case of Costs for loan guarantees in that Public Comments: A number of defaults other than non-payment of manner. Title XVII clearly authorizes commenters questioned DOE’s view that principal and interest without the need those costs to be covered either with authority in an appropriations act is for a DOE determination of material needed for the issuance of Title XVII appropriated funds or with borrower effect. Goldman Sachs maintained that loan guarantees. These commenters paid funds. Furthermore, Title XVII and as proposed, the rule would prevent pointed to a statement by the FCRA, read together, require DOE to lenders from making a demand on the Government Accountability Office obtain authority in an appropriations act guarantee in the case of defaults other (GAO) that Title XVII itself provides to issue loan guarantees, even when than non-payment of principal and adequate authority for DOE to issue loan employing the Title XVII self-pay interest unless DOE agrees, and would guarantees without the need for any authority. potentially decrease the pool of lenders additional authority in an Section 20320 of Public Law 110–5 willing to participate. Goldman Sachs appropriations act, provided DOE does three things: (1) It provides a loan also recommended the adoption of a employs the Title XVII ‘‘self-pay’’ guarantee volume limitation of $4 ‘‘well-defined, market-based, and court- authority. Specifically, by letter dated billion; (2) it requires that borrower self- tested’’ mechanism for handling default April 20, 2007, GAO indicated its belief pay the Credit Subsidy Cost; and (3) it and suggested that DOE look to the that because Title XVII allows for Credit prohibits the use of general fund monoline insurance market which Subsidy Costs to be covered by appropriations for such costs. In provides credit enhancement to capital appropriations or by a payment from the enacting Public Law 110–5, Congress markets transactions. (Goldman Sachs at borrower, where the recipient of a loan acted consistently with the 4–5) guarantee fully funds the Credit Subsidy Administration’s view that authority in DOE Response: DOE clarifies that the Cost for its loan guarantee, no appropriations acts is required in final rule and the Title XVII loan appropriations act authority should be advance before a loan guarantee can be guarantee program are not subject to the required. Some commenters added that issued. Therefore, for the $4 billion FAR. The Department also clarifies that if DOE plans to adhere to the view that authorized by Public Law 110–5, DOE the audit provisions do not render the appropriations act authority is required will implement the program with self- loan guarantees conditional, but that the for all Title XVII loan guarantees, it pay authority. Furthermore, DOE need to retain audit authority is must seek and obtain an amendment to intends to continue to implement the necessary to prevent fraud and abuse Title XVII or sufficient appropriations Title XVII program through the self-pay and should in no way be construed as act authority to allow the Title XVII loan authority provided by the Act and has limiting the enforceability of the Title guarantee program to succeed. no current intention to seek XVII Loan Guarantee. DOE Response: The Department does appropriations to pay Credit Subsidy DOE does not accept Goldman Sachs’ not interpret section 1702(b) of the Act Costs for any project. recommendation that DOE give up its as providing either budget authority or right to approve claims on the I. Default and Audit Provisions other authority to make any individual guarantees in the event of defaults for loan guarantee, as is required by FCRA. Title XVII, sections 1702(g) and circumstances other than non-payment Instead, DOE reads the Act and FCRA in 1702(i), require DOE to promulgate of principal and interest. Inasmuch as harmony, which means that while Title regulations to address default and audit DOE likely will be the largest risk taker XVII authorizes DOE to carry out the requirements (42 U.S.C. 16512(g), (i)). in any project receiving a Title XVII loan guarantee program, the Department Sections 609.15 and 609.17 of DOE’s guarantee, the Department is not being may not issue any loan guarantees until regulations, respectively, address these unreasonable in insisting that it have a it has received budget authority or is requirements. These provisions will say about what event can accelerate

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payments under the Loan Guarantee that the prohibition in section focused on several provisions that Agreement. 609.10(d)(7) of the NOPR should be appear to weaken the unconditional However, the Department has revised amended by adding the proviso, ‘‘unless nature of the guarantee. For example, section 609.15(e), which requires such debt obligations fall within one of the NOPR sought to impose on Eligible lenders to provide supporting the exceptions enumerated in 26 U.S.C. Lenders a duty of care and other duties documentation to justify a payment 149(b)(3)(A), or other similar law.’’ that are arguably more onerous than is demand, to specify that requirements (Nuclear Utilities at 15). required in commercial markets and in will be provided in the Loan Guarantee Bechtel recommended the deletion of other Federal loan guarantee programs. Agreement. Also, DOE clarifies that the proposed requirement that prior to According to the Investment Bankers, proposed section 609.15(b) is not the execution of the loan, DOE must these provisions make the guarantee intended and should not be read to ensure that the guarantee does not conditional and put lenders at risk preclude demands for failure to pay finance tax exempt debt because it disproportionate to any potential principal and interest where there has might exclude many municipal and returns, especially in the case of been a default other than a payment cooperative electric utility companies collateral agents or other agents who default. A non-payment default can that rely heavily on tax exempt receive minimal fees for such functions. become a payment default if such financing. (Bechtel at 6). CPS sought The Investment Bankers contend that default is not cured within the time elimination of the prohibition on these provisions will further reduce specified in the Loan Guarantee grounds that it is duplicative of IRC interest in the lender community in this Agreement and the debt is accelerated section 149(b). (CPS at 3) program and, therefore, the availability and thus causes the entire amount of the DOE Response: The prohibition on of financing. (Investment Bankers at 2). loan to become immediately due and municipalities issuing tax-exempt Citi, in addressing the need for a ‘‘AAA’’ payable. DOE will retain the audit obligations that are also guaranteed by credit rating, argued that the exception provision in section 609.17(b) which the Federal government is set forth in for fraud or material misrepresentation permits DOE, in the course of Federal law, and DOE cannot change the by the holder of the guarantee, as conducting an audit, to exclude from or statutory prohibition, regardless of proposed in the NOPR, is not necessary. reduce project costs that are determined whether or not a similar prohibition is (Citi at 4). to be unnecessary or excessive. As expressed in Title XVII regulations. DOE DOE Response: Subject only to fraud indicated above, such an audit believes, however, that in the interests or material misrepresentation by the provision is necessary in order to of clarity and completeness, the rule Holder, the guarantee is absolute. For protect the Federal government against should contain such a prohibition. the reasons discussed elsewhere in this the possibility of fraud or abuse. Nonetheless, we are persuaded that the preamble in connection with the prohibition in the final rule should be Department’s authority to conduct J. Tax Exempt Debt expressly coextensive with the statutory audits, we reject the argument of Citi Section 103(a) of the Internal Revenue prohibition such that any statutory and the Investment Bankers that the Code (IRC), 26 U.S.C. 103(a), provides exceptions in effect at the time that a right to audit for fraud or abuse is that ‘‘gross income’’ does not include guarantee is issued will also be deemed unnecessary or would compromise the interest on any state or local bond, with exceptions from the regulation, because unconditional nature of Title XVII loan certain exceptions. Section 149(b) of the it is not DOE’s intent to prohibit by rule, guarantees. The right to audit is vital to IRC, 26 U.S.C. 149(b), provides that the except to the extent prohibited by the Department’s effort to protect section 103(a) exclusion from gross statute, loan guarantees from being against fraud or abuse and to protect the income ‘‘shall not apply to a state or issued for projects employing tax government and the taxpayer; in any local bond if such bond is federally exempt debt. We have modified section event, Title XVII requires the guaranteed.’’ Section 149(b) in effect 609.10(d)(7) of the final rule Department to have regulations converts tax exempt debt to taxable debt accordingly. addressing audit requirements. DOE when such debt is guaranteed by the also does not agree that the duty of care K. Full Faith and Credit Federal government. Accordingly, DOE required of Eligible Lenders is too strict. proposed in section 609.10 of the NOPR Section 609.14 of the proposed These standards and the duty of care to prohibit the Department from directly regulations provided that the full faith required of Eligible Lenders, as or indirectly guaranteeing tax exempt and credit of the United States would be proposed in the NOPR, do not obligations. pledged to the payment of all compromise the unconditional nature of Public Comments: The Nuclear Guaranteed Obligations. It further the guarantees but are intended to Utilities stated that section 609.10’s provided that the guarantee shall be support the government’s need to assure prohibition against issuing any loan conclusive evidence that it has been a reasonable prospect of repayment. So, guarantees that finance directly or properly obtained, that the underlying these requirements should not in any indirectly any tax exempt debt is loan qualified for the guarantee, and sense restrict or reduce the viability of unnecessarily broad, and appears to that but for fraud or material the Title XVII program. establish new policy that negates misrepresentation by the Holder, is provisions of current law on tax exempt presumed to be valid, legal, and L. Responses to August 2006 Solicitation financing. The Nuclear Utilities focused enforceable. DOE stated that it In the NOPR, DOE proposed that in on several exceptions in 26 U.S.C. maintains a strong interest in ensuring order to ensure that the Department 149(b)(3)(A), which permit loan that the debt incurred in order to complies with Public Law 110–5 but guarantees to apply to tax exempt debt finance innovative projects can be does not prejudice Pre-Applicants that obligations under certain conditions, financed and sold in secondary markets. responded to the First Solicitation, the and request that the final rule provide Public Comments: The commenters Title XVII regulations should specify that loan guarantees may be issued for addressing this issue stressed the need that they do not apply to the Pre- debt obligations if they qualify under to ensure that the guarantees issued by Applications, Applications, Conditional such a statutory exception in existence the Department are completely Commitments, and Loan Guarantee at the time of loan guarantee agreement unconditional and obtain a ‘‘AAA’’ Agreements issued or entered into is executed. Specifically, they request credit rating. The Investment Bankers pursuant to the First Solicitation. The

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only exceptions would be with respect whether or to what extent the final rules terms than the statutorily allowed to the default, recordkeeping, and audit that Public Law 110–5 requires to be maximum, because a reduced loan requirements in proposed sections issued must apply to any matters in guarantee term reduces risk to the 609.15 and 609.17, which Title XVII connection with the First Solicitation, government, and contended that priority requires be established by rule. The DOE therefore must make a policy processing of such lower risk projects NOPR also proposed to permit DOE and judgment about the extent to which this would further the President’s Advanced an Applicant to agree in a Loan final rule should be so applicable. Energy Initiative. (Dominion at 4). Guarantee Agreement entered into In section 609.1 of the final rule, DOE The Department believes that given pursuant to the First Solicitation that specifies which sections of the the breadth, diversity, and innovative additional provisions of DOE’s regulations are not applicable to Pre- nature of the technologies that are regulations would apply to the Applicants and projects being potentially eligible for Title XVII loan particular project. considered in response to the First guarantees and for which loan Public Comments: Synergistic Solicitation. Except as specified in that guarantees will be sought, it is not Dynamics, Inc. (Synergistic) submits section, these regulations apply to all feasible at this point to establish by rule that DOE’s proposed waiver of projects and loan guarantees pursuant to firm timelines for the processing of regulatory requirements for the Pre- Title XVII, including those pursuant to applications. This issue may be Applications received in response to the the First Solicitation. revisited at some point in the future, First Solicitation will prejudice after DOE and participants have gained subsequent applicants who fully comply M. Other Issues Raised in the Public more experience with the program. The with the final regulations. The only Comments Department may, in the context of a other comment DOE received on this 1. Non-Recourse Financing. particular solicitation, establish specific aspect of the NOPR was a letter timelines for various phases of the submitted by two members of Congress, The NOPR proposed to require the application and consideration process which asserted that DOE’s proposal was borrower to pledge all project assets and for that solicitation. DOE also is not not consistent with Congress’s intent in other collateral to obtain a loan persuaded that it should attempt, in Public Law 110–5, which required that guarantee. (609.10(d)(10)). Some these regulations, to provide a sort of DOE promulgate final regulations before commenters sought clarification that in higher priority in the processing or issuing any loan guarantees under the the event of default, the loan guarantee granting of loan guarantees for Title XVII program. (Synergistic at 3) is non-recourse, i.e., liquidation or sale potentially lower risk or reduced loan DOE Response: The final rule of assets after default is limited to term applications. Such a rule might be generally adopts the approach set forth project assets pledged as collateral. The inconsistent with particular in the NOPR, but specifies additional commenters noted that a sponsor may, Departmental objectives if DOE wished provisions of the regulations that will be at its discretion, offer other collateral to to focus a particular solicitation on applicable to all pre-applications, reduce the cost of the subsidy and that high-risk technologies. Moreover, it applications, and loan guarantees, this is the substance of the collateral likely would be difficult, early in the including those under the First pool that lenders would and will require process of reviewing an application, to Solicitation. The Department still in a limited-recourse financing. determine with any certainty which believes it is important not to prejudice However, one commenter observed that applications presented lower risk than Pre-Applicants who responded to the in such a collateral pool, the others. First Solicitation. For example, the final government would be in a second lien As for the issue of shorter-term rule establishes requirements for Title position until it paid, in part or in loans—for example, loans that only XVII solicitations that are not consistent whole, the project loans—at which time have a five-year term, or on which the with the content of the August 2006 the government would subrogate to a DOE guarantee expires after five years, First Solicitation issued by DOE, and if first lien position. (TXU at 6). the term may or may not weigh into the all provisions of the final rule were Pursuant to the final rule and Title consideration of the application. DOE made to apply to the First Solicitation XVII itself, loan guarantees will be does not believe it is appropriate to and the submissions in response to it, it secured by all project assets, including, provide by rule for priority processing is difficult to see how DOE could contracts, agreements, and other of requests for shorter-term guarantees. proceed other than to reject all of the pledged collateral. Other than pledged In individual solicitations, the Pre-Applications that were submitted project assets and other pledged Department may set forth priorities for and start the program over from scratch. collateral, however, the loan guarantee processing applications, consistent with The Department and the Pre-Applicants is non-recourse as to all persons and the final rule. have spent too much time responding to entities. The issue of lien position is 3. Conditional Commitment the First Solicitation to throw that work discussed elsewhere in this preamble. away and start over. Section 609.8(c) of the NOPR At the same time, many portions of 2. Timeline for Processing Application. provided in part that ‘‘[w]hen and if all the final rule can be fairly applied to P&W recommended that in order for of the terms and conditions specified in those entities that responded to the First an Applicant to effectively plan its the Conditional Commitment have been Solicitation, and the process of project development life cycle, DOE met, DOE and the Applicant may enter considering those responses is at a stage should clearly define a timeline for into a Loan Guarantee Agreement, but where many of the final rule’s application processing and loan awards. neither party is legally obligated to do requirements can and should be made to P&W said there are sensitivities around so.’’ (emphasis added) The Nuclear apply to them. In fact, the Department time to market that might preclude Utilities stated that DOE should allow believes that it will benefit both Pre- engagement with the loan guarantee flexibility in the type of ‘‘commitment’’ Applicants and the Department to make program if the timeline moves too provided by the Department in advance additional provisions of this rule slowly. (P&W at 3). Dominion asked of the planned financial close of applicable to them. Because, as DOE DOE to consider offering priority guaranteed debt. (Nuclear Utilities at noted in the NOPR, section 20320 of processing to applicants that wish to 18). On the other hand, TXU stated that Public Law 110–5 does not state enter into loan guarantees of shorter once the Sponsor submits the

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Application package, DOE should issue pledge, or use of a guaranteed economic impact on a substantial a Conditional Commitment and, as long obligation, renders such actions subject number of small entities. As required by as the sponsor meets all of the to DOE consent are not practical Executive Order 13272, ‘‘Proper conditions set forth in the Commitment, because the lead lender will need to Consideration of Small Entities in the sponsor should be assured that the assign and/or participate the loans to a Agency Rulemaking,’’ 67 FR 53461 federal loan guarantee will be large number of institutions very (August 16, 2002), DOE published forthcoming. According to TXU, the quickly. This flexibility is particularly procedures and policies on February 19, need for assurance that a guarantee will important, according to Goldman Sachs, 2003, to ensure that the potential be issued where all conditions are met given the significant capital needed for impacts of its rules on small entities are is essential because the costs of securing construction of a nuclear power facility properly considered during the a guarantee, providing all the necessary and the need for lenders in the rulemaking process (68 FR 7990). DOE documents, licenses and permits, etc., secondary market for the ability to freely has made its procedures and policies could cost in the hundreds of millions trade their loans. Bank of America available on the Office of the General of dollars, especially in the case of Securities, LLC (BOA) also objected to Counsel’s Web site: http:// nuclear plants or other capital intensive this section. (BOA at 8) www.gc.doe.gov. projects. TXU maintained that following The Department has an interest in DOE is not obliged to prepare a the preliminary application stage, a ensuring that any Guaranteed Obligation regulatory flexibility analysis for this sponsor should not have to be presented to it for payment is valid. rulemaking because there is no concerned about making these Accordingly, revised section 609.10(g) requirement to publish a general notice expenditures and not receiving a federal states that DOE will provide in the Loan of proposed rulemaking for rules related guarantee unless the sponsor fails to Guarantee Agreement and related to loans under the Administrative fulfill all the conditions precedent to the documents, procedures for identifying Procedure Act (5 U.S.C. 553). loan program. (TXU at 8–9). Holders of the Guaranteed Obligations, D. Paperwork Reduction Act DOE agrees with the concerns including for the purpose of payments Sections 609.4 and 609.6 of this rule expressed, and therefore has revised pursuant to the guarantee in the event provide that Pre-Applications and sections 609.2 and 609.8 to indicate that of default. a Conditional Commitment is an Applications for loan guarantees agreement to pursue the execution of a III. Regulatory Review submitted to DOE in response to a solicitation must contain certain Loan Guarantee Agreement. The A. Executive Order 12866 Secretary may terminate a Conditional information. This information will be Commitment for any reason at any time Today’s final rule has been used by DOE to determine if a project prior to execution of the Loan Guarantee determined to be a significant regulatory sponsor who submits a Pre-Application Agreement. To ensure that no action under Executive Order 12866, will be invited to submit an Application Conditional Commitment binds DOE to ‘‘Regulatory Planning and Review,’’ 58 for a loan guarantee; to determine if a enter into a Loan Guarantee Agreement FR 51735 (October 4, 1993). project is eligible for a loan guarantee; without both adequate legal authority to Accordingly, this action was subject to and to evaluate Applications under do so and payment into the Treasury of review under that Executive Order by criteria specified in the rule. Section required fees and costs, the final rule the Office of Information and Regulatory 609.17 provides that borrowers must provides that DOE’s obligations under Affairs at Office of Management and submit to DOE annual project each Conditional Commitment are Budget (OMB). performance reports and audited financial statements along with other conditional upon Congress having B. National Environmental Policy Act of information. DOE will use this provided in advance of the execution of 1969 the loan guarantee sufficient authority information to evaluate the progress of under FCRA and Title XVII for DOE to Through the issuance of this rule, projects for which loan guarantees are execute the Loan Guarantee Agreement, DOE is making no decision relative to issued. DOE submitted this collection of and either an appropriation has been the approval of a loan guarantee for a information to OMB for approval made or a borrower has paid into the particular proposed project. DOE has, pursuant to the Paperwork Reduction Treasury sufficient funds to cover the therefore, determined that publication Act of 1995 (44 U.S.C. 3501 et seq.) and full Credit Subsidy Cost for the loan of the final rule is covered under the the procedures implementing that Act, 5 guarantee that is the subject of the Categorical Exclusion found at CFR 1320.1 et seq. OMB approved this Conditional Commitment. These paragraph A.6 of Appendix A to Subpart collection of information and assigned it conditions are made applicable by rule D, 10 CFR part 1021, which applies to OMB Control No. 1910–5134. to each Conditional Commitment, and the establishment of procedural E. Unfunded Mandates Reform Act of are applicable whether or not they are rulemakings. Accordingly, neither an 1995 specifically stated in the text of a environmental assessment nor an Conditional Commitment. environmental impact statement is Title II of the Unfunded Mandates required at this time. However, Reform Act of 1995 (Act) (2 U.S.C. 1531 4. Restrictions on the Transferability of appropriate NEPA project review will be et seq.) requires each federal agency, to Guaranteed Obligations conducted prior to execution of a Loan the extent permitted by law, to prepare Goldman Sachs recommended that Guarantee Agreement. a written assessment of the effects of the final rule not include restrictions on any federal mandate in an agency rule transferability of guaranteed loans, and C. Regulatory Flexibility Act that may result in the expenditure by that DOE clarify that the provisions The Regulatory Flexibility Act (5 state, local, and tribal governments, in regarding the eligible lender apply only U.S.C. 601 et seq.) requires preparation the aggregate, or by the private sector, of to the lead lender. Goldman Sachs said of an initial regulatory flexibility $100 million or more (adjusted annually that section 609.10(g)(1) of the proposed analysis for any rule that by law must for inflation) in any one year. The Act rule, which would have required the be proposed for public comment, unless also requires a Federal agency to eligible lender to provide written the agency certifies that the rule, if develop an effective process to permit notification of any assignment, transfer, promulgated, will not have a significant timely input by elected officials of State,

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tribal, or local governments on a for such actions. DOE has examined this reviewed today’s final rule under the proposed ‘‘significant intergovernmental rule and has determined that it would OMB and DOE guidelines and has mandate,’’ and requires an agency plan not preempt State law and would not concluded that it is consistent with for giving notice and opportunity to have a substantial direct effect on the applicable policies in those guidelines. provide timely input to potentially States, on the relationship between the J. Executive Order 13211 affected small governments before national government and the States, or establishing any requirements that on the distribution of power and Executive Order 13211, ‘‘Actions might significantly or uniquely affect responsibilities among the various Concerning Regulations That small governments. levels of government. No further action Significantly Affect Energy Supply, The term ‘‘federal mandate’’ is is required by Executive Order 13132. Distribution, or Use,’’ 66 FR 28355 (May defined in the Act to mean a federal H. Executive Order 12988 22, 2001) requires Federal agencies to intergovernmental mandate or a federal prepare and submit to the OMB, a private sector mandate (2 U.S.C. 658(6)). With respect to the review of existing Statement of Energy Effects for any Although the rule will impose certain regulations and the promulgation of proposed significant energy action. A requirements on non-federal new regulations, section 3(a) of ‘‘significant energy action’’ is defined as governmental and private sector Executive Order 12988, ‘‘Civil Justice any action by an agency that applicants for loan guarantees, the Act’s Reform,’’ 61 FR 4729 (February 7, 1996), promulgated or is expected to lead to definitions of the terms ‘‘federal imposes on Executive agencies the promulgation of a final rule, and that: intergovernmental mandate’’ and general duty to adhere to the following (1) Is a significant regulatory action ‘‘federal private sector mandate’’ requirements: (1) Eliminate drafting under Executive Order 12866, or any exclude, among other things, any errors and ambiguity; (2) write successor order; and (2) is likely to have regulations to minimize litigation; and provision in legislation, statute, or a significant adverse effect on the (3) provide a clear legal standard for regulation that is a condition of Federal supply, distribution, or use of energy, or affected conduct rather than a general assistance or a duty arising from (3) is designated by the Administrator of standard and promote simplification participation in a voluntary program (2 OIRA as a significant energy action. For and burden reduction. With regard to U.S.C. 658(5) and (7), respectively). any proposed significant energy action, the review required by section 3(a), Today’s rule establishes requirements the agency must give a detailed section 3(b) of Executive Order 12988 that persons voluntarily seeking loan statement of any adverse effects on specifically requires that Executive guarantees for projects that would use energy supply, distribution, or use agencies make every reasonable effort to certain new and improved energy should the proposal be implemented, ensure that the regulation: (1) Clearly technologies must satisfy as a condition and of reasonable alternatives to the of a federal loan guarantee. Thus, the specifies the preemptive effect, if any; action and their expected benefits on rule falls under the exceptions in the (2) clearly specifies any effect on energy supply, distribution, and use. definitions of ‘‘federal existing Federal law or regulation; (3) Today’s regulatory action would not intergovernmental mandate’’ and provides a clear legal standard for have a significant adverse effect on the ‘‘federal private sector mandate’’ for affected conduct while promoting supply, distribution, or use of energy requirements that are a condition of simplification and burden reduction; (4) and is therefore not a significant energy Federal assistance or a duty arising from specifies the retroactive effect, if any; (5) action. Accordingly, DOE has not participation in a voluntary program. adequately defines key terms; and (6) prepared a Statement of Energy Effects. The Act does not apply to this addresses other important issues rulemaking. affecting clarity and general K. Congressional Notification draftsmanship under any guidelines F. Treasury and General Government issued by the Attorney General. Section As required by 5 U.S.C. 801, DOE will Appropriations Act, 1999 3(c) of Executive Order 12988 requires submit to Congress a report regarding Section 654 of the Treasury and Executive agencies to review regulations the issuance of today’s final rule prior General Government Appropriations in light of applicable standards in to the effective date set forth at the Act, 1999 (Pub. L. 105–277) requires section 3(a) and section 3(b) to outset of this notice. The report will Federal agencies to issue a Family determine whether they are met or it is state that it has been determined that Policymaking Assessment for any unreasonable to meet one or more of the rule is not a ‘‘major rule’’ as defined proposed rule that may affect family them. DOE has completed the required by 5 U.S.C. 804(2). well being. This rule would not have review and determined that, to the L. Approval by the Office of the any impact on the autonomy or integrity extent permitted by law, this rule meets Secretary of Energy of the family as an institution. the relevant standards of Executive Accordingly, DOE has concluded that it Order 12988. The Secretary of Energy has approved is not necessary to prepare a Family the issuance of this final rule. Policymaking Assessment. I. Treasury and General Government Appropriations Act, 2001 List of Subjects in 10 CFR Part 609 G. Executive Order 13132 The Treasury and General Administrative practice and Executive Order 13132, ‘‘Federalism,’’ Government Appropriations Act, 2001 procedure, Energy, Loan programs, and 64 FR 43255 (August 4, 1999) imposes (44 U.S.C. 3516 note) provides for Reporting and recordkeeping certain requirements on agencies agencies to review most disseminations requirements. formulating and implementing policies of information to the public under Issued in Washington, DC, on October 12, or regulations that preempt State law or guidelines established by each agency 2007. that have federalism implications. pursuant to general guidelines issued by Steve Isakowitz, Agencies are required to examine the OMB. Chief Financial Officer. constitutional and statutory authority OMB’s guidelines were published at supporting any action that would limit 67 FR 8452 (February 22, 2002), and I For the reasons stated in the Preamble, the policymaking discretion of the DOE’s guidelines were published at 67 chapter II of title 10 of the Code of States and carefully assess the necessity FR 62446 (October 7, 2002). DOE has Federal Regulations is amended by

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adding a new part 609 as set forth solicitation may agree to make accepted by the Applicant, with the below. additional provisions of this part understanding of the parties that if the applicable to the particular project. Applicant thereafter satisfies all PART 609—LOAN GUARANTEES FOR (d) Part 1024 of chapter X of title 10 specified and precedent funding PROJECTS THAT EMPLOY of the Code of Federal Regulations shall obligations and all other contractual, INNOVATIVE TECHNOLOGIES not apply to actions taken under this statutory and regulatory requirements, Sec. part. or other requirements, DOE and the Applicant will execute a Loan 609.1 Purpose and scope. § 609.2 Definitions. 609.2 Definitions. Guarantee Agreement: Provided that the 609.3 Solicitations. Act means Title XVII of the Energy Secretary may terminate a Conditional 609.4 Submission of pre-applications. Policy Act of 2005 (42 U.S.C. 16511– Commitment for any reason at any time 609.5 Evaluation of pre-applications. 16514). prior to the execution of the Loan 609.6 Submission of applications. Administrative Cost of Issuing a Loan Guarantee Agreement; and Provided 609.7 Programmatic, technical and financial Guarantee means the total of all further that the Secretary may not evaluation of applications. administrative expenses that DOE 609.8 Term sheets and conditional delegate this authority to terminate a incurs during: Conditional Commitment. commitments. (1) The evaluation of a Pre- Contracting Officer means the 609.9 Closing on the loan guarantee Application, if a Pre-Application is agreement. Secretary of Energy or a DOE official requested in a solicitation, and an 609.10 Loan Guarantee Agreement. authorized by the Secretary to enter Application for a loan guarantee; 609.11 Lender eligibility and servicing into, administer and/or terminate DOE (2) The offering of a Term Sheet, requirements. Loan Guarantee Agreements and related 609.12 Project costs. executing the Conditional Commitment, contracts on behalf of DOE. 609.13 Principal and interest assistance negotiation, and closing of a Loan Credit Subsidy Cost has the same contract. Guarantee Agreement; and 609.14 Full faith and credit and (3) The servicing and monitoring of a meaning as ‘‘cost of a loan guarantee’’ in incontestability. Loan Guarantee Agreement, including section 502(5)(C) of the Federal Credit 609.15 Default, demand, payment, and during the construction, startup, Reform Act of 1990 (2 U.S.C. collateral liquidation. 661a(5)(C)), which is the net present 609.16 Perfection of liens and preservation commissioning, shakedown, and operational phases of an Eligible Project. value, at the time the Loan Guarantee of collateral. Agreement is executed, of the following 609.17 Audit and access to records. Applicant means any person, firm, 609.18 Deviations. corporation, company, partnership, estimated cash flows, discounted to the point of disbursement: Authority: 42 U.S.C. 7254, 16511–16514. association, society, trust, joint venture, joint stock company, or other business (1) Payments by the Government to § 609.1 Purpose and scope. entity or governmental non-Federal cover defaults and delinquencies, (a) This part sets forth the policies entity that has submitted an Application interest subsidies, or other payments; and procedures that DOE uses for to DOE and has the authority to enter less receiving, evaluating, and, after into a Loan Guarantee Agreement with (2) Payments to the Government consultation with the Department of the DOE under the Act. including origination and other fees, Treasury, approving applications for Application means a comprehensive penalties, and recoveries; including the loan guarantees to support Eligible written submission in response to a effects of changes in loan or debt terms Projects under Title XVII of the Energy solicitation or a written invitation from resulting from the exercise by the Policy Act of 2005. DOE to apply for a loan guarantee Borrower, Eligible Lender or other (b) Except as set forth in paragraph (c) pursuant to § 609.6 of this part. Holder of an option included in the of this section, this part applies to all Borrower means any Applicant who Loan Guarantee Agreement. Pre-Applications, Applications, enters into a Loan Guarantee Agreement DOE means the United States Conditional Commitments and Loan with DOE and issues Guaranteed Department of Energy. Guarantee Agreements to support Obligations. Eligible Lender means: Eligible Projects under Title XVII of the Commercial Technology means a (1) Any person or legal entity formed Energy Policy Act of 2005. technology in general use in the for the purpose of, or engaged in the (c) (1) Sections 609.3, 609.4 and 609.5 commercial marketplace in the United business of, lending money, including, of this part shall not apply to any Pre- States at the time the Term Sheet is but not limited to, commercial banks, Applications, Applications, Conditional issued by DOE. A technology is in savings and loan institutions, insurance Commitments or Loan Guarantee general use if it has been installed in companies, factoring companies, Agreements under the Guidelines issued and is being used in three or more investment banks, institutional by DOE on August 8, 2006, which were commercial projects in the United States investors, venture capital investment published in the Federal Register on in the same general application as in the companies, trusts, or other entities August 14, 2006 (71 FR 46451) and the proposed project, and has been in designated as trustees or agents acting solicitation issued on August 8, 2006 operation in each such commercial on behalf of bondholders or other under Title XVII of the Energy Policy project for a period of at least five years. lenders; and Act of 2005, provided the Pre- The five year period shall be measured, (2) Any person or legal entity that Application is accepted under the for each project, starting on the in meets the requirements of § 609.11 of Guidelines and an Application is service date of the project or facility this part, as determined by DOE; or invited pursuant to such Pre- employing that particular technology. (3) The Federal Financing Bank. Application no later than December 31, For purposes of this section, commercial Eligible Project means a project 2007. projects include projects that have been located in the United States that (2) Except as provided in paragraph the recipients of a loan guarantee from employs a New or Significantly (c)(1) of this section, DOE and any DOE under this part. Improved Technology that is not a Applicant who submitted an Conditional Commitment means a Commercial Technology, and that meets Application under the August 8, 2006 Term Sheet offered by DOE and all applicable requirements of section

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1703 of the Act (42 U.S.C. 16513), the solicitation that broadly describes the (1) The dollar amount of loan applicable solicitation and this part. project proposal, including the guarantee authority potentially being Equity means cash contributed by the proposed role of a DOE loan guarantee made available by DOE in that Borrowers and other principals. Equity in the project, and the eligibility of the solicitation; does not include proceeds from the non- project to receive a loan guarantee under (2) The place and time for response guaranteed portion of Title XVII loans, the applicable solicitation, the Act and submission; proceeds from any other non-guaranteed this part. (3) The name and address of the DOE loans, or the value of any form of Project Costs means those costs, representative whom a potential Project government assistance or support. including escalation and contingencies, Sponsor may contact to receive further Federal Financing Bank means an that are to be expended or accrued by information and a copy of the instrumentality of the United States Borrower and are necessary, reasonable, solicitation; government created by the Federal customary and directly related to the (4) The form, format, and page limits Financing Bank Act of 1973 (12 U.S.C. design, engineering, financing, applicable to the response submission; (5) The amount of the application fee 2281 et seq.). The Bank is under the construction, startup, commissioning (First Fee), if any, that will be required; general supervision of the Secretary of and shakedown of an Eligible Project, as the Treasury. (6) The programmatic, technical, specified in § 609.12 of this part. Project financial and other factors the Secretary Guaranteed Obligation means any costs do not include costs for the items loan or other debt obligation of the will use to evaluate response set forth in § 609.12(c) of this part. submissions, including the loan Borrower for an Eligible Project for Project Sponsor means any person, which DOE guarantees all or any part of guarantee percentage requested by the firm, corporation, company, Applicant and the relative weightings the payment of principal and interest partnership, association, society, trust, under a Loan Guarantee Agreement that DOE will use when evaluating joint venture, joint stock company or those factors; and entered into pursuant to the Act. other business entity that assumes Holder means any person or legal (7) Such other information as DOE substantial responsibility for the entity that owns a Guaranteed may deem appropriate. development, financing, and structuring Obligation or has lawfully succeeded in of a project eligible for a loan guarantee § 609.4 Submission of pre-applications. due course to all or part of the rights, and, if not the Applicant, owns or In response to a solicitation title, and interest in a Guaranteed controls, by itself and/or through requesting the submission of Pre- Obligation, including any nominee or individuals in common or affiliated Applications, either Project Sponsors or trustee empowered to act for the Holder business entities, a five percent or Applicants may submit Pre- or Holders. Applications to DOE. Pre-Applications Loan Agreement means a written greater interest in the proposed Eligible must meet all requirements specified in agreement between a Borrower and an Project, or the Applicant. the solicitation and this part. At a Eligible Lender or other Holder Secretary means the Secretary of minimum, each Pre-Application must containing the terms and conditions Energy or a duly authorized designee or successor in interest. contain all of the following: under which the Eligible Lender or (a) A cover page signed by an other Holder will make loans to the Term Sheet means an offering document issued by DOE that specifies individual with full authority to bind Borrower to start and complete an the Project Sponsor or Applicant that Eligible Project. the detailed terms and conditions under which DOE may enter into a attests to the accuracy of the Loan Guarantee Agreement means a information in the Pre-Application, and written agreement that, when entered Conditional Commitment with the Applicant. A Term Sheet imposes no that binds the Project Sponsor(s) or into by DOE and a Borrower, an Eligible Applicant to the commitments made in Lender or other Holder, pursuant to the obligation on the Secretary to enter into a Conditional Commitment. the Pre-Application. In addition, the Act, establishes the obligation of DOE to information requested in paragraphs (b) United States means the several guarantee the payment of all or a and (c) of this section should be states, the District of Columbia, the portion of the principal and interest on submitted in a volume one and the Commonwealth of Puerto Rico, the specified Guaranteed Obligations of a information requested in paragraphs (d) Virgin Islands, Guam, American Samoa Borrower to Eligible Lenders or other through (h) of this section should be or any territory or possession of the Holders subject to the terms and submitted in a volume two, to expedite conditions specified in the Loan United States of America. the DOE review process. Guarantee Agreement. § 609.3 Solicitations. (b) An executive summary briefly New or Significantly Improved encapsulating the key project features (a) DOE may issue solicitations to Technology means a technology and attributes of the proposed project; concerned with the production, invite the submission of Pre- (c) A business plan which includes an consumption or transportation of energy Applications or Applications for loan overview of the proposed project, and that is not a Commercial guarantees for Eligible Projects. DOE including: Technology, and that has either only must issue a solicitation before (1) A description of the Project recently been developed, discovered or proceeding with other steps in the loan Sponsor, including all entities involved, learned; or involves or constitutes one guarantee process including issuance of and its experience in project or more meaningful and important a loan guarantee. A Project Sponsor or investment, development, construction, improvements in productivity or value, Applicant may only submit one Pre- operation and maintenance; in comparison to Commercial Application or Application for one (2) A description of the new or Technologies in use in the United States project using a particular technology. A significantly improved technology to be at the time the Term Sheet is issued. Project Sponsor or Applicant, in other employed in the project, including: OMB means the Office of Management words, may not submit a Pre- (i) A report detailing its successes and and Budget in the Executive Office of Application or Application for multiple failures during the pilot and the President. projects using the same technology. demonstration phases; Pre-Application means a written (b) Each solicitation must include, at (ii) The technology’s commercial submission in response to a DOE a minimum, the following information: applications;

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(iii) The significance of the project over the project’s expected life- provide a written response to the Project technology to energy use or emission cycle, including a complete explanation Sponsor or Applicant either inviting the control; of the facts, assumptions, and Applicant to submit an Application for (iv) How and why the technology is methodologies in the financial model; a loan guarantee and specifying the ‘‘new’’ or ‘‘significantly improved’’ (e) An explanation of what estimated amount of the Application filing fee compared to technology already in impact the loan guarantee will have on (First Fee) or advising the Project general use in the commercial the interest rate, debt term, and overall Sponsor that the project proposal will marketplace in the United States; financial structure of the project; not receive further consideration. (v) Why the technology to be (f) Where the Federal Financing Bank Neither the Pre-Application nor any employed in the project is not in is not the lender, a copy of a letter from written or other feedback that DOE may ‘‘general use;’’ an Eligible Lender or other Holder(s) provide in response to the Pre- (vi) The owners or controllers of the expressing its commitment to provide, Application eliminates the requirement intellectual property incorporated in or interest in providing, the required for an Application. and utilized by such technologies; and debt financing necessary to construct (f) No response by DOE to, or (vii) The manufacturer(s) and and fully commission the project; communication by DOE with, a Project licensee(s), if any, authorized to make (g) A copy of the equity commitment Sponsor, or an Applicant submitting a the technology available in the United letter(s) from each of the Project Pre-Application or subsequent States, the potential for replication of Sponsors and a description of the Application shall impose any obligation commercial use of the technology in the sources for such equity; and on DOE to enter into a Loan Guarantee United States, and whether and how the (h) A commitment to pay the Agreement. technology is or will be made available Application fee (First Fee), if invited to in the United States for further submit an Application. § 609.6 Submission of applications. commercial use; (a) In response to a solicitation or (3) The estimated amount, in § 609.5 Evaluation of pre-applications. written invitation to submit an reasonable detail, of the total Project (a) Where Pre-Applications are Application, an Applicant submitting an Costs; requested in a solicitation, DOE will Application must meet all requirements (4) The timeframe required for conduct an initial review of the Pre- and provide all information specified in construction and commissioning of the Application to determine whether: the solicitation and/or invitation and project; (1) The proposal is for an Eligible this part. (5) A description of any primary off- Project; (b) An Application must include, at a take or other revenue-generating (2) The submission contains the minimum, the following information agreements that will provide the information required by § 609.4 of this and materials: primary sources of revenues for the part; and (1) A completed Application form project, including repayment of the debt (3) The submission meets all other signed by an individual with full obligations for which a guarantee is requirements of the applicable authority to bind the Applicant and the sought. solicitation. Project Sponsors; (6) An overview of how the project (b) If a Pre-Application fails to meet (2) Payment of the Application filing complies with the eligibility the requirements of paragraph (a) of this fee (First Fee) for the Pre-Application, if requirements in section 1703 of the Act section, DOE may deem it non- any, and Application phase; (42 U.S.C. 16513); responsive and eliminate it from further (3) A detailed description of all (7) An outline of the potential review. material amendments, modifications, environmental impacts of the project (c) If DOE deems a Pre-Application and additions made to the information and how these impacts will be responsive, DOE will evaluate: and documentation provided in the Pre- mitigated; (1) The commercial viability of the Application, if a Pre-Application was (8) A description of the anticipated air proposed project; requested in the solicitation, including pollution and/or anthropogenic (2) The technology to be employed in any changes in the proposed project’s greenhouse gas reduction benefits and the project; financing structure or other terms; how these benefits will be measured (3) The relevant experience of the (4) A description of how and to what and validated; and principal(s); and measurable extent the project avoids, (9) A list of all of the requirements (4) The financial capability of the reduces, or sequesters air pollutants contained in this part and the Project Sponsor (including personal and/or anthropogenic emissions of solicitation and where in the Pre- and/or business credit information of greenhouse gases, including how to Application these requirements are the principal(s)). measure and verify those benefits; addressed; (d) After the evaluation described in (5) A description of the nature and (d) A financing plan overview paragraph (c) of this section, DOE will scope of the proposed project, describing: determine if there is sufficient including: (1) The amount of equity to be information in the Pre-Application to (i) Key milestones; invested and the sources of such equity; assess the technical and commercial (ii) Location of the project; (2) The amount of the total debt viability of the proposed project and/or (iii) Identification and commercial obligations to be incurred and the the financial capability of the Project feasibility of the new or significantly funding sources of all such debt if Sponsor and to assess other aspects of improved technology(ies) to be available; the Pre-Application. DOE may ask for employed in the project; (3) The amount of the Guaranteed additional information from the Project (iv) How the Applicant intends to Obligation as a percentage of total Sponsor during the review process and employ such technology(ies) in the project debt; and as a percentage of total may request one or more meetings with project; and project cost; and the Project Sponsor. (v) How the Applicant intends to (4) A financial model detailing the (e) After reviewing a Pre-Application assure, to the extent possible, the further investments in and the cash flows and other information acquired under commercial availability of the generated and anticipated from the paragraph (c) of this section, DOE may technology(ies) in the United States;

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(6) A detailed explanation of how the must include assumptions made in their serve as collateral for the Guaranteed proposed project qualifies as an Eligible preparation and the range of revenue, Obligations, including appropriate data Project; operating cost, and credit assumptions as to the value of the assets and the (7) A detailed estimate of the total considered; useful life of any physical assets. With Project Costs together with a description (17) Financial statements for the past respect to real property assets listed, an of the methodology and assumptions three years, or less if the Applicant has appraisal that is consistent with the used; been in operation less than three years, ‘‘Uniform Standards of Professional (8) A detailed description of the that have been audited by an Appraisal Practice,’’ promulgated by the engineering and design contractor(s), independent certified public Appraisal Standards Board of the construction contractor(s), equipment accountant, including all associated Appraisal Foundation, and performed supplier(s), and construction schedules notes, as well as interim financial by licensed or certified appraisers, is for the project, including major activity statements and notes for the current required; and cost milestones as well as the fiscal year, of Applicant and parties (25) An analysis demonstrating that, performance guarantees, performance providing Applicant’s financial backing, at the time of the Application, there is bonds, liquidated damages provisions, together with business and financial a reasonable prospect that Borrower will and equipment warranties to be interests of controlling or commonly be able to repay the Guaranteed provided; controlled organizations or persons, Obligations (including interest) (9) A detailed description of the including parent, subsidiary and other according to their terms, and a complete operations and maintenance provider(s), affiliated corporations or partners of the description of the operational and the plant operating plan, estimated Applicant; financial assumptions and staffing requirements, parts inventory, (18) A copy of all legal opinions, and methodologies on which this major maintenance schedule, estimated other material reports, analyses, and demonstration is based; annual downtime, and performance reviews related to the project; (26) Written affirmation from an guarantees and related liquidated (19) An independent engineering officer of the Eligible Lender or other damage provisions, if any; report prepared by an engineer with Holder confirming that it is in good (10) A description of the management experience in the industry and standing with DOE’s and other Federal plan of operations to be employed in familiarity with similar projects. The agencies’ loan guarantee programs; carrying out the project, and report should address: the project’s (27) A list of all of the requirements information concerning the management siting and permitting, engineering and contained in this part and the experience of each officer or key person design, contractual requirements, solicitation and where in the associated with the project; environmental compliance, testing and Application these requirements are (11) A detailed description of the commissioning and operations and addressed; project decommissioning, maintenance; (28) A statement from the Applicant deconstruction, and disposal plan, and (20) Credit history of the Applicant that it believes that there is ‘‘reasonable the anticipated costs associated and, if appropriate, any party who owns prospect’’ that the Guaranteed therewith; or controls, by itself and/or through Obligations will be fully paid from (12) An analysis of the market for any individuals in common or affiliated project revenue; and product to be produced by the project, business entities, a five percent or (29) Any other information requested including relevant economics justifying greater interest in the project or the in the invitation to submit an the analysis, and copies of any Applicant; Application or requests from DOE in contractual agreements for the sale of (21) A preliminary credit assessment order to clarify an Application; these products or assurance of the for the project without a loan guarantee (c) DOE will not consider any revenues to be generated from sale of from a nationally recognized rating Application complete unless the these products; agency for projects where the estimated Applicant has paid the First Fee and the (13) A detailed description of the total Project Costs exceed $25 million. Application is signed by the appropriate overall financial plan for the proposed For projects where the total estimated entity or entities with the authority to project, including all sources and uses Project Costs are less than $25 million bind the Applicant to the commitments of funding, equity and debt, and the and where conditions justify, in the sole and representations made in the liability of parties associated with the discretion of the Secretary, DOE may Application. project over the term of the Loan require such an assessment; Guarantee Agreement; (22) A list showing the status of and § 609.7 Programmatic, technical and (14) A copy of all material estimated completion date of financial evaluation of applications. agreements, whether entered into or Applicant’s required project-related (a) In reviewing completed proposed, relevant to the investment, applications or approvals for Federal, Applications, and in prioritizing and design, engineering, financing, state, and local permits and selecting those to whom a Term Sheet construction, startup commissioning, authorizations to site, construct, and should be offered, DOE will apply the shakedown, operations and operate the project; criteria set forth in the Act, the maintenance of the project; (23) A report containing an analysis of applicable solicitation, and this part. (15) A copy of the financial closing the potential environmental impacts of Applications will be considered in a checklist for the equity and debt to the the project that will enable DOE to competitive process, i.e. each extent available; assess whether the project will comply Application will be evaluated against (16) Applicant’s business plan on with all applicable environmental other Applications responsive to the which the project is based and requirements, and that will enable DOE Solicitation. Greater weight will be Applicant’s financial model presenting to undertake and complete any given to applications that rely upon a project pro forma statements for the necessary reviews under the National smaller guarantee percentage, all else proposed term of the Guaranteed Environmental Policy Act of 1969; being equal. Concurrent with its review Obligations including income (24) A listing and description of assets process, DOE will consult with the statements, balance sheets, and cash associated, or to be associated, with the Secretary of the Treasury regarding the flows. All such information and data project and any other asset that will terms and conditions of the potential

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loan guarantee. Applications will be in the time frame stated in the the issuance of a Term Sheet, DOE will denied if: Application; inform the Applicant in writing of the (1) The project will be built or (7) The amount of equity commitment reason(s) for denial. operated outside the United States; to the project by the Applicant and (2) The project is not ready to be other principals involved in the project; § 609.8 Term sheets and conditional employed commercially in the United (8) Whether there is sufficient commitments. States, cannot yield a commercially evidence that the Applicant will (a) DOE, after review and evaluation viable product or service in the use diligently pursue the project, including of the Application, additional proposed in the project, does not have initiating and completing the project in information requested and received by the potential to be employed in other a timely manner; DOE, potentially including a commercial projects in the United (9) Whether and to what extent the preliminary credit rating or credit States, and is not or will not be available Applicant will rely upon other Federal assessment, and information obtained as for further commercial use in the United and non-Federal governmental the result of meeting with the Applicant States; assistance such as grants, tax credits, or and the Eligible Lender or other Holder, (3) The entity or person issuing the other loan guarantees to support the may offer to an Applicant and the loan or other debt obligations subject to financing, construction, and operation Eligible Lender or other Holder detailed the loan guarantee is not an Eligible of the project and how such assistance terms and conditions that must be met, Lender or other Holder, as defined in will impact the project; including terms and conditions that § 609.11 of this part; (10) The feasibility of the project and must be met by the Applicant and the (4) The project is for demonstration, likelihood that the project will produce Eligible Lender or other Holder. research, or development. sufficient revenues to service the (b) The terms and conditions required (5) The project does not avoid, reduce project’s debt obligations over the life of by DOE will be expressed in a written or sequester air pollutants or the loan guarantee and assure timely Term Sheet signed by a Contracting anthropogenic emissions of greenhouse repayment of Guaranteed Obligations; Officer and addressed to the Applicant gases; or (11) The levels of safeguards provided and the Eligible Lender or other Holder, (6) The Applicant will not provide an to the Federal government in the event where appropriate. The Term Sheet will equity contribution. of default through collateral, warranties, request that the Project Sponsor and the (b) In evaluating Applications, DOE and other assurance of repayment Eligible Lender or other Holder express will consider the following factors: described in the Application; agreement with the terms and (1) To what measurable extent the (12) The Applicant’s capacity and conditions contained in the Term Sheet project avoids, reduces, or sequesters air expertise to successfully operate the by signing the Term Sheet in the pollutants or anthropogenic emissions project, based on factors such as designated place. Each person signing of greenhouses gases; financial soundness, management the Term Sheet must be a duly (2) To what extent the new or organization, and the nature and extent authorized official or officer of the significantly improved technology to be of corporate and personal experience; Applicant and Eligible Lender or other employed in the project, as compared to (13) The ability of the applicant to Holder. The Term Sheet will include an Commercial Technology in general use ensure that the project will comply with expiration date on which the terms in the United States, is ready to be all applicable laws and regulations, offered will expire unless the employed commercially in the United including all applicable environmental Contracting Officer agrees in writing to States, can be replicated, yields a statutes and regulations; extend the expiration date. commercial viable project or service in (14) The levels of market, regulatory, (c) The Applicant and/or the Eligible the use proposed in the project, has legal, financial, technological, and other Lender or other Holder may respond to potential to be employed in other risks associated with the project and the Term Sheet offer in writing or may commercial projects in the United their appropriateness for a loan request discussions or meetings on the States, and is or will be available for guarantee provided by DOE; terms and conditions contained in the further commercial use in the United (15) Whether the Application contains Term Sheet, including requests for States; sufficient information, including a clarifications or revisions. When DOE, (3) To the extent that the new or detailed description of the nature and the Applicant, and the Eligible Lender significantly improved technology used scope of the project and the nature, or other Holder agree on all of the final in the project constitutes an important scope, and risk coverage of the loan terms and conditions and all parties improvement in technology, as guarantee sought to enable DOE to sign the Term Sheet, the Term Sheet compared to Commercial Technology, perform a thorough assessment of the becomes a Conditional Commitment. used to avoid, reduce or sequester air project; and When and if all of the terms and pollutants or anthropogenic emissions (16) Such other criteria that DOE conditions specified in the Conditional of greenhouse gases, and the Applicant deems relevant in evaluating the merits Commitment have been met, DOE and has a plan to advance or assist in the of an Application. the Applicant may enter into a Loan advancement of that technology into the (c) During the Application review Guarantee Agreement. commercial marketplace; process DOE may raise issues or (d) DOE’s obligations under each (4) The extent to which the requested concerns that were not raised during the Conditional Commitment are amount of the loan guarantee, and Pre-Application review process where a conditional upon statutory authority requested amount of Guaranteed Pre-Application was requested in the having been provided in advance of the Obligations are reasonable relative to applicable solicitation. execution of the Loan Guarantee the nature and scope of the project; (d) If DOE determines that a project Agreement sufficient under FCRA and (5) The total amount and nature of the may be suitable for a loan guarantee, Title XVII for DOE to execute the Loan Eligible Project Costs and the extent to DOE will notify the Applicant and Guarantee Agreement, and either an which Project Costs are funded by Eligible Lender or other Holder in appropriation has been made or a Guaranteed Obligations; writing and provide them with a Term borrower has paid into the Treasury (6) The likelihood that the project will Sheet. If DOE reviews an Application sufficient funds to cover the full Credit be ready for full commercial operations and decides not to proceed further with Subsidy Cost for the loan guarantee that

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is the subject of the Conditional (6) All conditions precedent specified in the Loan Guarantee Agreement, are Commitment. in the Conditional Commitment are satisfied: (e) The Applicant is required to pay either satisfied or waived by a (1) The project qualifies as an Eligible fees to DOE to cover the Administrative Contracting Officer and all other Project under the Act and is not a Cost of Issuing a Loan Guarantee for the applicable contractual, statutory, and research, development, or period of the Term Sheet through the regulatory requirements are satisfied. demonstration project or a project that closing of the Loan Guarantee (e) Not later than the period approved employs Commercial Technologies in Agreement (Second Fee). in writing by the Contracting Officer, service in the United States; which may not be less than 30 days (2) The project will be constructed § 609.9 Closing on the loan guarantee prior to the closing date, the Applicant and operated in the United States, the agreement. must provide in writing updated project employment of the new or significantly (a) Subsequent to entering into a financing information if the terms and improved technology in the project has Conditional Commitment with an conditions of the financing the potential to be replicated in other Applicant, DOE, after consultation with arrangements changed between commercial projects in the United the Applicant, will set a closing date for execution of the Conditional States, and this technology is or is likely execution of Loan Guarantee Commitment and that date. The to be available in the United States for Agreement. Conditional Commitment must be further commercial application; (b) By the closing date, the Applicant updated to reflect the revised terms and (3) The face value of the debt and the Eligible Lender or other Holder conditions. guaranteed by DOE is limited to no must have satisfied all of the detailed (f) Where the total Project Costs for an more than 80 percent of total Project terms and conditions contained in the Eligible Project are projected to exceed Costs. Conditional Commitment and other $25 million, the Applicant must provide (4) (i) Where DOE guarantees 100 related documents and all other a credit rating from a nationally percent of the Guaranteed Obligation, contractual, statutory, and regulatory recognized rating agency reflecting the the loan shall be funded by the Federal requirements. If the Applicant and the revised Conditional Commitment for the Financing Bank; Eligible Lender or other Holder has not project without a Federal guarantee. (ii) Where DOE guarantees more than satisfied all such terms and conditions Where total Project Costs are projected 90 percent of the Guaranteed Obligation, by the closing date, the Secretary may, to be less than $25 million, the the guaranteed portion cannot be in his/her sole discretion, set a new Secretary may, on a case-by-case basis, separated from or ‘‘stripped’’ from the closing date or terminate the require a credit rating. If a rating is non-guaranteed portion of the Conditional Commitment. required, an updated rating must be Guaranteed Obligation if the loan is (c) In order to enter into a Loan provided to the Secretary not later than participated, syndicated or otherwise Guarantee Agreement at closing: 30 days prior to closing. resold in the secondary market; (1) DOE must have received authority (g) Changes in the terms and (iii) Where DOE guarantees 90 percent in an appropriations act for the loan conditions of the financing or less of the Guaranteed Obligation, the guarantee; and arrangements will affect the Credit guaranteed portion may be separated (2) All other applicable statutory, Subsidy Cost for the Loan Guarantee from or ‘‘stripped’’ from the non- regulatory, or other requirements must Agreement. DOE may postpone the guaranteed portion of the Guaranteed be fulfilled. expected closing date pursuant to any Obligation, if the loan is participated, (d) Prior to, or on, the closing date, changes submitted under paragraph (e) syndicated or otherwise resold in the DOE will ensure that: and (f) of this section. In addition, DOE secondary debt market; (1) Pursuant to section 1702(b) of the may choose to terminate the Conditional (5) The Borrower and other principals Act, DOE has received payment of the Commitment. involved in the project have made or Credit Subsidy Cost of the loan will make a significant equity guarantee, as defined in § 609.2 of this § 609.10 Loan Guarantee Agreement. investment in the project; part from either (but not from a (a) Only a Loan Guarantee Agreement (6) The Borrower is obligated to make combination) of the following: executed by a duly authorized DOE full repayment of the principal and (i) A Congressional appropriation of Contracting Officer can contractually interest on the Guaranteed Obligations funds; or obligate DOE to guarantee loans or other and other project debt over a period of (ii) A payment from the Borrower. debt obligations. up to the lesser of 30 years or 90 percent (2) Pursuant to section 1702(h) of the (b) DOE is not bound by oral of the projected useful life of the Act, DOE has received from the representations made during the Pre- project’s major physical assets, as Borrower the First and Second Fees and, Application stage, if Pre-Applications calculated in accordance with generally if applicable, the Third fee, or portions were solicited, or Application stage, or accepted accounting principles and thereof, for the Administrative Cost of during any negotiation process. practices. The non-guaranteed portion Issuing the Loan Guarantee, as specified (c) Except if explicitly authorized by of any Guaranteed Obligation must be in the Loan Guarantee Agreement; an Act of Congress, no funds obtained repaid on a pro-rata basis, and may not (3) OMB has reviewed and approved from the Federal Government, or from a be repaid on a shorter amortization DOE’s calculation of the Credit Subsidy loan or other instrument guaranteed by schedule than the guaranteed portion; Cost of the loan guarantee.; the Federal Government, may be used to (7) The loan guarantee does not (4) The Department of the Treasury pay for Credit Subsidy Costs, finance, either directly or indirectly, has been consulted as to the terms and administrative fees, or other fees tax-exempt debt obligations, consistent conditions of the Loan Guarantee charged by or paid to DOE relating to with the requirements of section 149(b) Agreement; the Title XVII program or any loan of the Internal Revenue Code; (5) The Loan Guarantee Agreement guarantee there under. (8) The amount of the loan and related documents contain all terms (d) Prior to the execution by DOE of guaranteed, when combined with other and conditions DOE deems reasonable a Loan Guarantee Agreement, DOE must funds committed to the project, will be and necessary to protect the interest of ensure that the following requirements sufficient to carry out the project, the United States; and and conditions, which must be specified including adequate contingency funds;

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(9) There is a reasonable prospect of (19) DOE, the Eligible Lender, or other (f) The Loan Guarantee Agreement repayment by Borrower of the principal Holder and Borrower have reached an must contain audit provisions which of and interest on the Guaranteed agreement as to the information that provide, in substance, as follows: Obligations and other project debt; will be made available to DOE and the (1) The Eligible Lender or other (10) The Borrower has pledged project information that will be made publicly Holder or other party servicing the assets and other collateral or surety, available; Guaranteed Obligations, as applicable, including non project-related assets, (20) The prospective Borrower has and the Borrower, must keep such determined by DOE to be necessary to filed applications for or obtained any records concerning the project as are secure the repayment of the Guaranteed required regulatory approvals for the necessary to facilitate an effective and Obligations; project and is in compliance, or accurate audit and performance (11) The Loan Guarantee Agreement promptly will be in compliance, where evaluation of the project as required in and related documents include detailed appropriate, with all Federal, state, and § 609.17 of this part. terms and conditions necessary and local regulatory requirements; (2) DOE and the Comptroller General, appropriate to protect the interest of the (21) Borrower has no delinquent or their duly authorized representatives, United States in the case of default, Federal debt, including tax liabilities, must have access, for the purpose of including ensuring availability of all the unless the delinquency has been audit and examination, to any pertinent intellectual property rights, technical resolved with the appropriate Federal books, documents, papers, and records data including software, and physical agency in accordance with the standards of the Borrower, Eligible Lender or other assets necessary for any person or of the Debt Collection Improvement Act Holder, or other party servicing the entity, including DOE, to complete, of 1996; Guaranteed Obligations, as applicable. operate, convey, and dispose of the (22) The Loan Guarantee Agreement Examination of records may be made defaulted project; contains such other terms and during the regular business hours of the (12) The interest rate on any conditions as DOE deems reasonable Borrower, Eligible Lender or other Guaranteed Obligation is determined by and necessary to protect the interest of Holder, or other party servicing the DOE, after consultation with the the United States; and Guaranteed Obligations, or at any other Treasury Department, to be reasonable, (23) (i) The Lender is an Eligible time mutually convenient as required in taking into account the range of interest Lender, as defined in § 609.2 of this § 609.17 of this part. rates prevailing in the private sector for part, and meets DOE’s lender eligibility (g)(1) An Eligible Lender or other similar obligations of comparable risk and performance requirement contained Holder may sell, assign or transfer a guaranteed by the Federal government; in §§ 609.11 (a) and (b) of this part; and Guaranteed Obligation to another (ii) The servicer meets the servicing (13) Any Guaranteed Obligation is not Eligible Lender that meets the performance requirements of § 609.11(c) subordinate to any loan or other debt requirements of § 609.11 of this part. of this part. Such Eligible Lender to which a obligation and is in a first lien position (e) The Loan Guarantee Agreement on all assets of the project and all Guaranteed Obligation is assigned or must provide that, in the event of a transferred, is required to fulfill all additional collateral pledged as security default by the Borrower: for the Guaranteed Obligations and servicing, monitoring, and reporting (1) Interest accrues on the Guaranteed requirements contained in the Loan other project debt; Obligations at the rate stated in the Loan (14) There is satisfactory evidence Guarantee Agreement and these Guarantee Agreement or Loan regulations if the transferring Eligible that Borrower and Eligible Lenders or Agreement, until DOE makes full other Holders are willing, competent, Lender was performing these functions payment of the defaulted Guaranteed and transfer such functions to the new and capable of performing the terms and Obligations and, except when debt is conditions of the Guaranteed Eligible Lender. Any assignment or funded through the Federal Financing transfer, however, of the servicing, Obligations and other debt obligation Bank, DOE is not required to pay any and the Loan Guarantee Agreement, and monitoring, and reporting functions premium, default penalties, or must be approved by DOE in writing in will diligently pursue the project; prepayment penalties; (15) The Borrower has made the advance of such assignment. (2) Upon payment of the Guaranteed (2) The Secretary, or the Secretary’s initial (or total) payment of fees for the Obligations by DOE, DOE is subrogated designee or contractual agent, for the Administrative Cost of Issuing a Loan to the rights of the Holders of the debt, purpose of identifying Holders with the Guarantee for the construction and including all related liens, security, and right to receive payment under the operational phases of the project (Third collateral rights and has superior rights guarantees shall include in the Loan Fee), as specified in the Conditional in and to the property acquired from the Guarantee Agreement or related Commitment; recipient of the payment as provided in documents a procedure for tracking and (16) The Eligible Lender, other Holder § 609.15 of this part. identifying Holders of Guarantee or servicer has taken and is obligated to (3) The Eligible Lender or other Obligations. These duties usually will continue to take those actions necessary servicer acting on DOE’s behalf is be performed by the servicer. Any to perfect and maintain liens on assets obligated to take those actions necessary contractual agent approved by the which are pledged as collateral for the to perfect and maintain liens on assets Secretary to perform this function Guaranteed Obligation; which are pledged as collateral for the cannot transfer or assign this (17) If Borrower is to make payment Guaranteed Obligations. responsibility without the prior written in full for the Credit Subsidy Cost of the (4) The holder of pledged collateral is consent of the Secretary. loan guarantee pursuant to section obligated to take such actions as DOE 1702(b)(2) of the Act, such payment may reasonably require to provide for § 609.11 Lender eligibility and servicing must be received by DOE prior to, or at the care, preservation, protection, and requirements. the time of, closing; maintenance of such collateral so as to (a) An Eligible Lender shall meet the (18) DOE or its representatives have enable the United States to achieve following requirements: access to the project site at all maximum recovery upon default by (1) Not be debarred or suspended reasonable times in order to monitor the Borrower on the Guaranteed from participation in a Federal performance of the project; Obligations. government contract (under 48 CFR part

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9.4) or participation in a non- concerning the Eligible Project or the design, construct, and operate the procurement activity (under a set of ability of the Borrower to make payment project; uniform regulations implemented for on the Guaranteed Obligations or other (10) A reasonable contingency reserve numerous agencies, such as DOE, at 2 debt obligations. for cost overruns during construction; CFR part 180); (d) With regard to partial guarantees, and (2) Not be delinquent on any Federal even though DOE may in part rely on (11) Capitalized interest necessary to debt or loan; the Eligible Lender or other servicer to meet market requirements, reasonably (3) Be legally authorized to enter into service and monitor the Guaranteed required reserve funds and other loan guarantee transactions authorized Obligation, DOE will also conduct its carrying costs during construction; and by the Act and these regulations and is own independent monitoring and (12) Other necessary and reasonable in good standing with DOE and other review of the Eligible Project. costs. Federal agency loan guarantee (c) Project Costs do not include: programs; § 609.12 Project costs. (1) Fees and commissions charged to (4) Be able to demonstrate, or has (a) Before entering into a Loan Borrower, including finder’s fees, for access to, experience in originating and Guarantee Agreement, DOE shall obtaining Federal or other funds; servicing loans for commercial projects determine the estimated Project Costs (2) Parent corporation or other similar in size and scope to the project for the project that is the subject of the affiliated entity’s general and under consideration; and agreement. To assist the Department in administrative expenses, and non- (5) Be able to demonstrate experience making that determination, the project related parent corporation or or capability as the lead lender or Applicant must estimate, calculate and affiliated entity assessments, including underwriter by presenting evidence of record all such costs incurred in the organizational expenses; its participation in large commercial design, engineering, financing, (3) Goodwill, franchise, trade, or projects or energy-related projects or construction, startup, commissioning brand name costs; other relevant experience; or and shakedown of the project in (4) Dividends and profit sharing to (6) Be the Federal Financing Bank. accordance with generally accepted stockholders, employees, and officers; (b) When performing its duties to accounting principles and practices. (5) Research, development, and review and evaluate a proposed Eligible Among other things, the Applicant must demonstration costs of readying the Project prior to the submission of a Pre- calculate the sum of necessary, innovative energy or environmental Application or Application, as reasonable and customary costs that it technology for employment in a appropriate, by the Project Sponsor has paid and expects to pay, which are commercial project; through the execution of a Loan directly related to the project, including (6) Costs that are excessive or are not Guarantee Agreement, the Eligible costs for escalation and contingencies, directly required to carry out the Lender or DOE if loans are funded by to estimate the total Project Costs. project, as determined by DOE, the Federal Financing Bank, shall (b) Project Costs include: including but not limited to the cost of exercise the level of care and diligence (1) Costs of acquisition, lease, or hedging instruments; that a reasonable and prudent lender rental of real property, including (7) Expenses incurred after startup, would exercise when reviewing, engineering fees, surveys, title commissioning, and shakedown before evaluating and disbursing a loan made insurance, recording fees, and legal fees the facility has been placed in service; by it without a Federal guarantee. incurred in connection with land (8) Borrower-paid Credit Subsidy (c) The servicing duties shall be acquisition, lease or rental, site Costs and Administrative Costs of performed by the Eligible Lender, DOE improvements, site restoration, access Issuing a Loan Guarantee; and or other servicer if approved by the roads, and fencing; (9) Operating costs. Secretary. When performing the servicing duties the Eligible Lender, (2) Costs of engineering, architectural, § 609.13 Principal and interest assistance DOE or other servicer shall exercise the legal and bond fees, and insurance paid contract. level of care and diligence that a in connection with construction of the With respect to the guaranteed reasonable and prudent lender would facility; and materials, labor, services, portion of any Guaranteed Obligation, exercise when servicing a loan made travel and transportation for facility and subject to the availability of without a Federal guarantee, including: design, construction, startup, appropriations, DOE may enter into a (1) During the construction period, commissioning and shakedown; contract to pay Holders, for and on enforcing all of the conditions precedent (3) Costs of equipment purchases; behalf of Borrower, from funds to all loan disbursements, as provided (4) Costs to provide equipment, appropriated for that purpose, the in the Loan Guarantee Agreement, Loan facilities, and services related to safety principal and interest charges that Agreement and related documents; and environmental protection; become due and payable on the unpaid (2) During the operational phase, (5) Financial and legal services costs, balance of the guaranteed portion of the monitoring and servicing the Debt including other professional services Guaranteed Obligation, if DOE finds Obligations and collection of the and fees necessary to obtain required that: outstanding principal and accrued licenses and permits and to prepare (a) The Borrower: interest as well as ensuring that the environmental reports and data; (1) Is unable to make the payments collateral package securing the (6) The cost of issuing project debt, and is not in default; and Guaranteed Obligations remains such as fees, transaction and legal costs (2) Will, and is financially able to, uncompromised; and and other normal charges imposed by continue to make the scheduled (3) As specified by DOE, providing Eligible Lenders and other Holders; payments on the remaining portion of annual or more frequent financial and (7) Costs of necessary and appropriate the principal and interest due under the other reports on the status and insurance and bonds of all types; non-guaranteed portion of the debt condition of the Guaranteed Obligations (8) Costs of design, engineering, obligation, if any, and other debt and the Eligible Project, and promptly startup, commissioning and shakedown; obligations of the project, or an notifying DOE if it becomes aware of (9) Costs of obtaining licenses to agreement, approved by DOE, has any problems or irregularities intellectual property necessary to otherwise been reached in order to

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avoid a payment default on non- Loan Guarantee Agreement, unless the interest shall accrue to the Holder at the guaranteed debt. Secretary agrees in writing that such rate stated in the Loan Guarantee (b) It is in the public interest to permit default has materially affected the rights Agreement until the Guaranteed Borrower to continue to pursue the of the parties, and finds that the Holder Obligation has been fully paid by the purposes of the project; should be entitled to receive payment Federal government. (c) In paying the principal and pursuant to the Loan Guarantee (g) The Loan Guarantee Agreement interest, the Federal government expects Agreement. shall provide that, upon payment of the a probable net benefit to the (c) In the event that the Borrower has Guaranteed Obligations, the Secretary Government will be greater than that defaulted as described in paragraph (a) shall be subrogated to the rights of the which would result in the event of a of this section and such default is not Holders and shall have superior rights default; cured during the grace period provided in and to the property acquired from the (d) The payment authorized is no in the Loan Guarantee Agreement, the Holders. The Holder shall transfer and greater than the amount of principal and Secretary shall notify the U.S. Attorney assign to the Secretary all rights held by interest that Borrower is obligated to General and may cause the principal the Holder of the Guaranteed pay under the terms of the Loan amount of all Guaranteed Obligations, Obligation. Such assignment shall Guarantee Agreement; and together with accrued interest thereon, include all related liens, security, and (e) Borrower agrees to reimburse DOE and all amounts owed to the United collateral rights to the extent held by the for the payment (including interest) on States by Borrower pursuant to the Loan Holder. terms and conditions that are Guarantee Agreement, to become (h) Where the Loan Guarantee satisfactory to DOE and executes all immediately due and payable by giving Agreement so provides, the Eligible written contracts required by DOE for the Borrower written notice to such Lender or other Holder, or other such purpose. effect (without the need for consent or servicer, as appropriate, and the other action on the part of the Holders Secretary may jointly agree to a plan of § 609.14 Full faith and credit and of the Guaranteed Obligations). In the liquidation of the assets pledged to incontestability. event the Borrower is in default as secure the Guaranteed Obligation. The full faith and credit of the United described in paragraph (b) of this (i) Where payment of the Guaranteed States is pledged to the payment of all section, where the Secretary determines Obligation has been made and the Guaranteed Obligations issued in in writing that such a default has Eligible Lender or other Holder or other accordance with this part with respect materially affected the rights of the servicer has not undertaken a plan of to principal and interest. Such parties, the Borrower shall be given the liquidation, the Secretary, in accordance guarantee shall be conclusive evidence period of grace provided in the Loan with the rights received through that it has been properly obtained; that Guarantee Agreement to cure such subrogation and acting through the U.S. the underlying loan qualified for such default. If the default is not cured Attorney General, may seek to foreclose guarantee; and that, but for fraud or during the period of grace, the Secretary on the collateral assets and/or take such material misrepresentation by the may cause the principal amount of all other legal action as necessary for the Holder, such guarantee will be Guaranteed Obligations, together with protection of the Government. presumed to be valid, legal, and accrued interest thereon, and all (j) If the Secretary is awarded title to enforceable. amounts owed to the United States by collateral assets pursuant to a Borrower pursuant to the Loan foreclosure proceeding, the Secretary § 609.15 Default, demand, payment, and Guarantee Agreement, to become may take action to complete, maintain, collateral liquidation. immediately due and payable by giving operate, or lease the project facilities, or (a) In the event that the Borrower has the Borrower written notice to such otherwise dispose of any property defaulted in the making of required effect (without any need for consent or acquired pursuant to the Loan payments of principal or interest on any other action on the part of the Holders Guarantee Agreement or take any other portion of a Guaranteed Obligation, and of the Guaranteed Obligations). necessary action which the Secretary such default has not been cured within (d) No provision of this regulation deems appropriate, in order that the the period of grace provided in the Loan shall be construed to preclude original goals and objectives of the Guarantee Agreement and/or the Loan forbearance by the Holder with the project will, to the extent possible, be Agreement, the Eligible Lender or other consent of the Secretary for the benefit realized. Holder, or nominee or trustee of the Borrower. (k) In addition to foreclosure and sale empowered to act for the Eligible (e) Upon the making of demand for of collateral pursuant thereto, the U.S. Lender or other Holder (referred to in payment as provided in paragraph (a) or Attorney General shall take appropriate this section collectively as ‘‘Holder’’), (b) of this section, the Holder shall action in accordance with rights may make written demand upon the provide, in conjunction with such contained in the Loan Guarantee Secretary for payment pursuant to the demand or immediately thereafter, at Agreement to recover costs incurred by provisions of the Loan Guarantee the request of the Secretary, the the Government as a result of the Agreement. supporting documentation specified in defaulted loan or other defaulted (b) In the event that the Borrower is the Loan Guarantee Agreement and any obligation. Any recovery so received by in default as a result of a breach of one other supporting documentation as may the U.S. Attorney General on behalf of or more of the terms and conditions of reasonably be required to justify such the Government shall be applied in the the Loan Guarantee Agreement, note, demand. following manner: First to the expenses mortgage, Loan Agreement, or other (f) Payment as required by the Loan incurred by the U.S. Attorney General contractual obligations related to the Guarantee Agreement of the Guaranteed and DOE in effecting such recovery; transaction, other than the Borrower’s Obligation shall be made 60 days after second, to reimbursement of any obligation to pay principal or interest on receipt by the Secretary of written amounts paid by DOE as a result of the the Guaranteed Obligation, as provided demand for payment, provided that the defaulted obligation; third, to any in paragraph (a) of this section, the demand complies with the terms of the amounts owed to DOE under related Holder will not be entitled to make Loan Guarantee Agreement. The Loan principal and interest assistance demand for payment pursuant to the Guarantee Agreement shall provide that contracts; and fourth, to any other

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lawful claims held by the Government enable the United States to achieve Lender or DOE or other Holder, or other on such process. Any sums remaining maximum recovery from the pledged party servicing the Eligible Project and after full payment of the foregoing shall assets. The Secretary shall reimburse the the Guaranteed Obligations, as be available for the benefit of other holder of collateral for reasonable and applicable, or at any other time parties lawfully entitled to claim them. appropriate expenses incurred in taking mutually convenient. (l) If there was a partial guarantee of actions required by the Secretary. (b) The Secretary may from time to the Guaranteed Obligation by DOE, the Except as provided in § 609.15, no party time audit any or all items of costs remaining funds received as a result of may waive or relinquish, without the included as Project Costs in statements consent of the Secretary, any collateral the liquidation of project assets may, if or certificates submitted to the Secretary securing the Guaranteed Obligation to so agreed in advance, be applied as or the servicer or otherwise, and may follows: which the United States would be exclude or reduce the amount of any (1) First, to the payment of reasonable subrogated upon payment under the item which the Secretary determines to and customary fees and expenses Loan Guarantee Agreement. be unnecessary or excessive, or incurred in the liquidation; and (b) In the event of a default, the (2) Second, distributed among the Secretary may enter into such contracts otherwise not to be an item of Project Holders of the debt on no greater than as the Secretary determines are required Costs. The Borrower will make available a pro rata share basis. to preserve the collateral. The cost of to the Secretary all books and records (m) No action taken by the Eligible such contracts may be charged to the and other data available to the Borrower Lender or other Holder or other servicer Borrower. in order to permit the Secretary to carry in the liquidation of any pledged assets out such audits. The Borrower should § 609.17 Audit and access to records. will affect the rights of any party, represent that it has within its rights including the Secretary, having an (a) The Loan Guarantee Agreement access to all financial and operational interest in the loan or other debt and related documents shall provide records and data relating to Project obligations, to pursue, jointly or that: Costs, and agrees that it will, upon severally, to the extent provided in the (1) The Eligible Lender, or DOE in request by the Secretary, exercise such conjunction with the Federal Financing Loan Guarantee Agreement, legal action rights in order to make such financial Bank where loans are funded by the against the Borrower or other liable and operational records and data Federal Financing Bank or other Holder parties, for any deficiencies owing on available to the Secretary. In exercising or other party servicing the Guaranteed the balance of the Guaranteed its rights hereunder, the Secretary may Obligations, as applicable, and the Obligations or other debt obligations utilize employees of other Federal Borrower, shall keep such records after application of the proceeds agencies, independent accountants, or concerning the project as is necessary, received upon liquidation. other persons. including the Pre-Application, (n) In the event that the Secretary § 609.18 Deviations. considers it necessary or desirable to Application, Term Sheet, Conditional protect or further the interest of the Commitment, Loan Guarantee To the extent that such requirements United States in connection with the Agreement, Credit Agreement, mortgage, are not specified by the Act or other liquidation of collateral or recovery of note, disbursement requests and applicable statutes, DOE may authorize deficiencies due under the loan, the supporting documentation, financial deviations on an individual request Secretary will take such action as may statements, audit reports of independent basis from the requirements of this part be appropriate under the circumstances. accounting firms, lists of all project upon a finding that such deviation is (o) Nothing in this part precludes the assets and non-project assets pledged as essential to program objectives and the Secretary from purchasing the Holder’s security for the Guaranteed Obligations, special circumstances stated in the interest in the project upon liquidation. all off-take and other revenue producing request make such deviation clearly in agreements, documentation for all the best interest of the Government. § 609.16 Perfection of liens and project indebtedness, income tax DOE will consult with OMB and the preservation of collateral. returns, technology agreements, Secretary of the Treasury before DOE (a) The Loan Guarantee Agreement documentation for all permits and grants any deviation that would and other documents related thereto regulatory approvals and all other constitute a substantial change in the shall provide that: documents and records relating to the financial terms of the Loan Guarantee (1) The Eligible Lender or, or DOE in Eligible Project, as determined by the Agreement and related documents. Any conjunction with the Federal Financing Secretary, to facilitate an effective audit deviation, however, that was not Bank where the loan is funded by the and performance evaluation of the captured in the Credit Subsidy Cost will Federal Financing Bank, or other Holder project; and require either additional fees or or other servicer will take those actions (2) The Secretary and the Comptroller discretionary appropriations. A necessary to perfect and maintain liens, General, or their duly authorized recommendation for any deviation shall as applicable, on assets which are representatives, shall have access, for be submitted in writing to DOE. Such pledged as collateral for the guaranteed the purpose of audit and examination, recommendation must include a portion of the loan; and to any pertinent books, documents, supporting statement, which indicates (2) Upon default by the Borrower, the papers and records of the Borrower, briefly the nature of the deviation holder of pledged collateral shall take Eligible Lender or DOE or other Holder requested and the reasons in support such actions as the Secretary may or other party servicing the Guaranteed thereof. reasonably require to provide for the Obligation, as applicable. Such care, preservation, protection, and inspection may be made during regular [FR Doc. E7–20552 Filed 10–22–07; 8:45 am] maintenance of such collateral so as to office hours of the Borrower, Eligible BILLING CODE 6450–01–P

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Part IV

Office of Personnel Management Excepted Service; Consolidated Listing of Schedules A, B, and C Exceptions; Notice

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OFFICE OF PERSONNEL may be extended for not to exceed 14 chapter, or who are applying for or MANAGEMENT months in total duration. receiving an annuity under the (f) (Reserved). provisions of 5 U.S.C. 8337(h) or 5 Excepted Service; Consolidated (g) (Reserved). U.S.C. 8456 by reason of a disability that Listing of Schedules A, B, and C (h) (Reserved). disqualifies them from membership in Exceptions (i) Temporary and less-than-full time the National Guard or from holding the positions for which examining is military grade required as a condition of AGENCY: Office of Personnel impracticable. their National Guard employment; Management. These are: (ii) Executive branch employees ACTION: Notice. (1) Positions in remote/isolated (other than employees of intelligence locations where examination is agencies) who are entitled to placement SUMMARY: This gives a consolidated impracticable. A remote/isolated under Sec. 353.110, but who are not notice of all positions excepted under location is outside of the local Schedules A, B, and C as of June 30, eligible for reinstatement or commuting area of a population center noncompetitive appointment under the 2007, as required by Civil Service Rule from which an employee can reasonably VI, Exceptions from the Competitive provisions of part 315 of this chapter. be expected to travel on short notice (iii) Legislative and judicial branch Service. under adverse weather and/or road employees and employees of the FOR FURTHER INFORMATION: C. Penn, conditions which are normal for the intelligence agencies defined in 5 U.S.C. Group Manager, Executive Resources area. For this purpose, a population 2302(a)(2)(C)(ii) who are entitled to Services Group, (202) 606–2246. center is a town with housing, schools, placement assistance under Sec. SUPPLEMENTARY INFORMATION: Civil health care, stores and other businesses 353.110. Service Rule VI (5 CFR 6.1) requires The in which the servicing examining office (2) Employees excluded. Employees U.S. Office of Personnel Management can schedule tests and/or reasonably who were last employed in Schedule C (OPM) to publish notice of all expect to attract applicants. An or under a statutory authority that exceptions granted under Schedules A, individual appointed under this specified the employee served at the B, and C. Title 5, Code of Federal authority may not be employed in the discretion, will, or pleasure of the Regulations, 213.103(c), further requires same agency under a combination of agency are not eligible for appointment that a consolidated listing, current as of this and any other appointment to under this authority. June 30 of each year, be published positions involving related duties and (3) Position to which appointed. annually as a notice in the Federal requiring the same qualifications for Employees who are entitled to Register. That notice follows. OPM more than 1,040 working hours in a placement under Sec. 353.110 will be maintains continuing information on service year. Temporary appointments appointed to a position that OPM the status of all Schedule A, B, and C under this authority may be extended in determines is equivalent in pay and excepted appointing authorities. 1-year increments, with no limit on the grade to the one the individual left, Interested parties needing information number of such extensions, as an unless the individual elects to be placed about specific authorities during the exception to the service limits in Sec. in a position of lower grade or pay. year may obtain information by writing 213.104. National Guard Technicians whose to the Executive Resources Services (2) Positions for which a critical eligibility is based upon a disability may Group, Center for Human Resources, hiring need exists. This includes both be appointed at the same grade, or Human Capital Leadership and Merit short-term positions and continuing equivalent, as their National Guard System Accountability Division, Office positions that an agency must fill on an Technician position or at any lower of Personnel Management, 1900 E interim basis pending completion of grade for which they are available. Street, NW., Room 6484, Washington, competitive examining, clearances, or (4) Conditions of appointment. DC 20415, or by calling (202) 606–2246. other procedures required for a longer (i) Individuals whose placement The following exceptions were appointment. Appointments under this eligibility is based on an appointment current on June 30, 2007: authority may not exceed 30 days and without time limit will receive may be extended up to an additional 30 appointments without time limit under Schedule A days if continued employment is this authority. These appointees may be Section 213.3102 Entire Executive essential to the agency’s operations. The reassigned, promoted, or demoted to Civil Service appointments may not be used to extend any position within the same agency for the service limit of any other appointing which they qualify. (a) Positions of Chaplain and authority. An agency may not employ (ii) Individuals who are eligible for Chaplain’s Assistant. the same individual under this authority placement under Sec. 353.110 based on (b) (Reserved). for more than 60 days in any 12-month a time-limited appointment will be (c) Positions to which appointments period. given appointments for a time period are made by the President without (3) Other positions for which OPM equal to the unexpired portion of their confirmation by the Senate. determines that examining is previous appointment. (d) Attorneys. impracticable. (k) Positions without compensation (e) Law clerk trainee positions. (j) Positions filled by current or provided appointments thereto meet the Appointments under this paragraph former Federal employees eligible for requirements of applicable laws relating shall be confined to graduates of placement under special statutory to compensation. recognized law schools or persons provisions. Appointments under this (l) Positions requiring the temporary having equivalent experience and shall authority are subject to the following or intermittent employment of be for periods not to exceed 14 months conditions: professional, scientific, and technical pending admission to the bar. No person (1) Eligible employees. experts for consultation purposes. shall be given more than one (i) Persons previously employed as (m) (Reserved). appointment under this paragraph. National Guard Technicians under 32 (n) Any local physician, surgeon, or However, an appointment that was U.S.C. 709(a) who are entitled to dentist employed under contract or on initially made for less than 14 months placement under Sec. 353.110 of this a part-time or fee basis.

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(o) Positions of a scientific, physician or other medical professional of Puerto Rico, the Virgin Islands, professional or analytical nature when duly certified by a State, the District of Guam, American Samoa, and the Trust filled by bona fide members of the Columbia, or a U.S. territory that issues Territory of the Pacific Islands) penal faculty of an accredited college or or provides disability benefits). and correctional institutions under university who have special (3) Certification of job readiness. (i) work-release programs authorized by qualifications for the positions to which An agency may accept certification that the Prisoner Rehabilitation Act of 1965, appointed. Employment under this the individual is likely to succeed in the the District of Columbia Work Release provision shall not exceed 130 working performance of the duties of the Act, or under work-release programs days a year. position for which he or she is applying. authorized by the States. Initial (p)–(q) (Reserved). Certification of job readiness may be appointments under this authority may (r) Positions established in support of provided by any entity specified in not exceed 1 year. An initial fellowship and similar programs that are paragraph (u)(2)(ii) of this section. appointment may be extended for one or filled from limited applicant pools and (ii) In cases where certification has more periods not to exceed 1 additional operate under specific criteria not been provided, the hiring agency year each upon a finding that the inmate developed by the employing agency may give the individual a temporary is still in a work-release status and that and/or a non-Federal organization. appointment under this authority to a local recruiting shortage still exists. These programs may include: internship determine the individual’s job No person may serve under this or fellowship programs that provide readiness. The agency may also accept, authority longer than 1 year beyond the developmental or professional at the agency’s discretion, service under date of that person’s release from experiences to individuals who have another type of temporary appointment custody. completed their formal education; in the competitive or excepted services (y) (Reserved). training and associateship programs as proof of job readiness. (z) Not to exceed 30 positions of designed to increase the pool of (4) Permanent or time-limited assistants to top-level Federal officials qualified candidates in a particular employment options. (i) An agency may when filled by persons designated by occupational specialty; professional/ make a permanent or time-limited the President as White House Fellows. industry exchange programs that appointment based upon: (aa) Scientific and professional provide for a cross-fertilization between (A) Proof of disability; and research associate positions at GS–11 the agency and the private sector to (B) A certification of job readiness, or and above when filled on a temporary foster mutual understanding, an demonstration of job readiness through basis by persons having a doctoral exchange of ideas, or to bring a temporary appointment. degree in an appropriate field of study experienced practitioners to the agency; (5) Temporary employment options. for research activities of mutual interest residency programs through which An agency may make a temporary to appointees and their agencies. participants gain experience in a appointment based upon proof of Appointments are limited to persons Federal clinical environment; and disability specified in paragraph (u)(2) referred by the National Research programs that require a period of of this section when: Council under its post-doctoral research Government service in exchange for (i) It is necessary to observe the associate program, may not exceed 2 educational, financial or other applicant on the job to determine years, and are subject to satisfactory assistance. Appointment under this whether the applicant is able or ready outcome of evaluation of the associate’s authority may not exceed 4 years. to perform the duties of the position. research during the first year. (s) Positions with compensation fixed When the agency uses this option to (bb) Positions when filled by aliens in under 5 U.S.C. 5351–5356 when filled determine and individual’s job the absence of qualified citizens. by student-employees assigned or readiness, the hiring agency may Appointments under this authority are attached to Government hospitals, convert the individual to a permanent subject to prior approval of OPM except clinics or medical or dental laboratories. appointment whenever the agency when the authority is specifically Employment under this authority may determines the individual is able to included in a delegated examining not exceed 4 years. perform the duties of the position; or agreement with OPM. (t) (Reserved) (ii) The individual has a certification (cc)–(ee) (Reserved). (u) Appointment of Persons with of job readiness and the work is of a (ff) Not to exceed 25 positions when Mental Retardation, Severe Physical temporary nature. filled in accordance with an agreement Disabilities, or Psychiatric Disabilities. (6) Noncompetitive conversion to the between OPM and the Department of (1) Purpose. An agency may appoint, competitive service. (i) An agency may Justice by persons in programs on a permanent, time-limited, or noncompetitively convert to the administered by the Attorney General of temporary basis, a person with mental competitive service an employee who the United States under Public Law 91– retardation, a severe physical disability has completed 2 years of satisfactory 452 and related statutes. A person according to the provisions proscribed service in a nontemporary appointment appointed under this authority may below. under this authority in accordance with continue to be employed under it after (2) Proof of disability. (i) An agency the provision of Executive Order 12125 he/she ceases to be in a qualifying must require proof of an applicant’s as amended by Executive Order 13124 program only as long as he/she remains mental retardation, severe physical and § 315.709 of this chapter. in the same agency without a break in disability, or psychiatric disability prior (ii) An agency may credit the time service. to making an appointment under this spent on a temporary appointment (gg)–(hh) (Reserved). section. specified in paragraph (u)5) of this (ii) Positions of Fellows in the (ii) An agency may accept, as proof of section in paragraph towards the 2-year Presidential Management Fellows an individual’s mental retardation, requirement. Program. Initial appointments of severe physical disability, or psychiatric (v)–(w) (Reserved). Fellows are made at either the GS–9, disability, appropriate documentation (x) Positions for which a local GS–11, or GS–12 level (or their (e.g., records, statements, or other recruiting shortage exists when filled by equivalents), depending on the appropriate information) issued from a inmates of Federal, District of Columbia, candidate’s qualifications. licensed medical professional (e.g., a and State (including the Commonwealth Appointments are made under this

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authority for 2 years; however, upon (1) Professional and technical and energy policies and programs of the approval of OPM, the head of the positions in grades GS–9 through 15 on Government, when filled by individuals department, agency, or component the staff of the Council. with special qualifications for the within the Executive Office of the (d)–(f) (Reserved). particular study being undertaken. President may extend the appointment (g) National Security Council. Employment under this authority may for up to 1 additional year. Upon the (1) All positions on the staff of the not exceed 4 years. Fellow’s satisfactory completion of the Council. (2) Not to exceed 20 positions, which Program, as certified by the employing (h) Office of Science and Technology will supplement permanent staff agency’s Executive Resources Board Policy. involved in the study and analysis of (ERG) or equivalent, the employing (1) Thirty positions of Senior Policy complex problems in the area of agency must noncompetitively appoint Analyst, GS–15; Policy Analyst, GS–11/ domestic economic and financial policy. the Fellow to a full-time, permanent 14; and Policy Research Assistant, GS– Employment under this authority may position in the competitive service as 9, for employment of anyone not to not exceed 4 years. prescribed in Sec. 315.708 and part 362 exceed 5 years on projects of a high (3) Not to exceed 50 positions in the of this chapter. priority nature. Office of the Under Secretary (jj) Positions of Senior Fellows in the (i) Office of National Drug Control (Enforcement). Presidential Management Fellows Policy. (b) U.S. Customs Service. Program. Initial appointments are made (1) Not to exceed 15 positions, GS–15 (1) Positions in foreign countries at either the GS–13, GS–14, or GS–15 and below, of senior policy analysts and designated as ‘‘interpreter-translator’’ level (or their equivalents), depending other personnel with expertise in drug- and ‘‘special employees,’’ when filled on the candidate’s qualifications. related issues and/or technical by appointment of persons who are not Appointments may be made under this knowledge to aid in anti-drug abuse citizens of the United States; and authority for 2 years; however, upon efforts. positions in foreign countries of messenger and janitor. approval of OPM, the head of the Section 213.3104 Department of State department, agency, or component (2)–(8) (Reserved). within the Executive Office of the (a) Office of the Secretary. (9) Not to exceed 25 positions of President may extend the Senior (1) All positions, GS–15 and below, Customs Patrol Officers in the Papago Fellow’s appointment for up to 1 on the staff of the Family Liaison Office, Indian Agency in the State of Arizona additional year. Upon the Senior Director General of the Foreign Service when filled by the appointment of Fellow’s satisfactory completion of the and the Director of Personnel, Office of persons of one-fourth or more Indian Program, as certified by the employing the Under Secretary for Management. blood. agency’s Executive Resources Board (2) One position of Museum Curator (d) Office of Thrift Supervision. (ERB) or equivalent, the employing (Arts), in the Office of the Under (1) All positions in the supervision agency must noncompetitively appoint Secretary for Management, whose policy and supervision operations the Fellow to a full-time, permanent incumbent will serve as Director, functions of OTS. No new appointments position in the competitive service as Diplomatic Reception Rooms. No new may be made under this authority after prescribed in Sec. 315.708 and part 362 appointments may be made after December 31, 1993. of this chapter. If a Senior Fellow February 28, 1997. (e) Internal Revenue Service. (b) American Embassy, Paris, France. successfully completes the Program, as (1) Twenty positions of investigator (1) Chief, Travel and Visitor Unit. No certified by the appointing agency’s ERB for special assignments. new appointments may be made under (f) (Reserved). or equivalent, he/she may, at the this authority after August 10, 1981. (g) Bureau of Alcohol, Tobacco, and agency’s discretion, be appointed to a (c)–(f) (Reserved). Firearms. position in the Senior Executive Service (g) Bureau of Population, Refugees, (1) One hundred positions of criminal (SES) (or equivalent) without further and Migration. investigator for special assignments. competition and only one time, in the (1) Not to exceed 10 positions at (2) One non-permanent Senior Level same manner, and subject to the same grades GS–5 through 11 on the staff of (SL) Criminal Investigator to serve as a Qualifications Review Board review, as the Bureau. senior advisor to the Assistant Director an individual who has successfully (h) Bureau of Administration. (Firearms, Explosives, and Arson). completed an OPM-approved SES (1) One Presidential Travel Officer. candidate development program under No new appointments may be made Section 213.3106 Department of parts 317 and 412 of this chapter. under this authority after June 11, 1981. Defense (kk) (Reserved). (2) One position of the Director, Art (a) Office of the Secretary. (ll) Positions as needed of readers for in Embassies Program, GM–1001–15. (1)–(5) (Reserved). blind employees, interpreters for deaf (3) Up to 250 time-limited positions (6) One Executive Secretary, U.S.– employees and personal assistants for within the Department of State in USSR Standing Consultative handicapped employees, filled on a full- support of the June 2004 Economic Commission and Staff Analyst (SALT), time, part-time, or intermittent basis. Summit of Industrial Nations. No new Office of the Assistant Secretary of Section 213.3103 Executive Office of appointments may be made under this Defense (International Security Affairs). the President authority after June 30, 2004. (b) Entire Department (including the Office of the Secretary of Defense and (a) Office of Administration. Section 213.3105 Department of the the Departments of the Army, Navy, and (1) Not to exceed 75 positions to Treasury Air Force). provide administrative services and (a) Office of the Secretary. (1) Professional positions in Military support to the White House Office. (1) Not to exceed 20 positions at the Dependent School Systems overseas. (b) Office of Management and Budget. equivalent of GS–13 through GS–17 to (2) Positions in attache 1 systems (1) Not to exceed 15 positions at supplement permanent staff in the study overseas, including all professional and grades GS–5/15. of complex problems relating to scientific positions in the Naval (c) Council on Environmental Quality. international financial, economic, trade, Research Branch Office in London.

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(3) Positions of clerk-translator, 2004, and is subject to any restrictions (2) Positions established to perform translator, and interpreter overseas. set forth in the Department of Defense work on projects funded from grants. (4) Positions of Educational Specialist FY 2002 Appropriations Act. (f) National Defense University. the incumbents of which will serve as (10) Temporary or time-limited (1) Not to exceed 16 positions of Director of Religious Education on the positions in direct support of U.S. senior policy analyst, GS–15, at the staffs of the chaplains in the military Government efforts to rebuild and create Strategic Concepts Development Center. services. an independent, free and secure Iraq Initial appointments to these positions (5) Positions under the program for and Afghanistan, when no other may not exceed 6 years, but may be utilization of alien scientists, approved appropriate appointing authority extended thereafter in 1-, 2-, or 3-year under pertinent directives administered applies. Positions will generally be increments, indefinitely. by the Director of Defense Research and located in Iraq or Afghanistan, but may (g) Defense Communications Agency. Engineering of the Department of be in other locations, including the (1) Not to exceed 10 positions at Defense, when occupied by alien United States, when directly supporting grades GS–10/15 to staff and support the scientists initially employed under the operations in Iraq or in Afghanistan. No Crisis Management Center at the White program including those who have new appointments may be made under House. acquired United States citizenship this authority after March 31, 2009. (h) Defense Acquisitions University. during such employment. (c) (Reserved). (1) The Provost and professors. (6) Positions in overseas installations (d) General. (i) George C. Marshall European of the DOD when filled by dependents (1) Positions concerned with advising, Center for Security Studies, Garmisch, of military or civilian employees of the administering, supervising, or Germany. U.S. Government residing in the area. performing work in the collection, (1) The Director, Deputy Director, and Employment under this authority may processing, analysis, production, positions of professor, instructor, and not extend longer than 2 months evaluation, interpretation, lecturer at the George C. Marshall following the transfer from the area or dissemination, and estimation of European Center for Security Studies, separation of a dependent’s sponsor: intelligence information, including Garmisch, Germany, for initial Provided, that scientific and technical positions in the employment not to exceed 3 years, (i) A school employee may be intelligence function; and positions which may be renewed in increments permitted to complete the school year; involved in the planning, programming, from 1 to 2 years thereafter. and and management of intelligence (j) Asia-Pacific Center for Security (ii) An employee other than a school resources when, in the opinion of OPM, Studies, Honolulu, Hawaii. employee may be permitted to serve up it is impracticable to examine. This (1) The Director, Deputy Director, to 1 additional year when the military authority does not apply to positions Dean of Academics, Director of College, department concerned finds that the assigned to cryptologic and deputy department chairs, and senior additional employment is in the interest communications intelligence activities/ positions of professor, associate of management. functions. professor, and research fellow within (7) Twenty secretarial and staff (2) Positions involved in intelligence- the Asia Pacific Center. Appointments support positions at GS–12 or below on related work of the cryptologic may be made not to exceed 3 years and the White House Support Group. intelligence activities of the military may be extended for periods not to (8) Positions in DOD research and departments. This includes all positions exceed 3 years. development activities occupied by of intelligence research specialist, and (k) Business Transformation Agency. participants in the DOD Science and similar positions in the intelligence (1) Fifty temporary or time-limited (not Engineering Apprenticeship Program for classification series; all scientific and to exceed four years) positions, at grades High School Students. Persons technical positions involving the GS–11–15. The authority will be used to employed under this authority shall be applications of engineering, physical or appoint persons in the following series: bona fide high school students, at least technical sciences to intelligence work; Management and Program Analysis, 14 years old, pursuing courses related to and professional as well as intelligence GS–343: Logistics Management, GS– the position occupied and limited to technician positions in which a majority 346; Financial Management Programs, 1,040 working hours a year. Children of of the incumbent’s time is spent in GS–501; Accounting, GS–510; Computer DOD employees may be appointed to advising, administering, supervising, or Engineering, GS–854; Business and these positions, notwithstanding the performing work in the collection, Industry, GS–1101; Operations sons and daughters restriction, if the processing, analysis, production, Research, GS–1515; Computer Science, positions are in field activities at remote evaluation, interpretation, GS–1550; General Supply, GS–2001; locations. Appointments under this dissemination, and estimation of Supply Program Management, GS–2003; authority may be made only to positions intelligence information or in the Inventory Management, GS–2010; and for which qualification standards planning, programming, and Information Technology, GS–2210. established under 5 CFR part 302 are management of intelligence resources. consistent with the education and (e) Uniformed Services University of Section 213.3107 Department of the experience standards established for the Health Sciences. Army comparable positions in the competitive (1) Positions of President, Vice (a)–(c) (Reserved). service. Appointments under this Presidents, Assistant Vice Presidents, (d) U.S. Military Academy, West authority may not be used to extend the Deans, Deputy Deans, Associate Deans, Point, New York. service limits contained in any other Assistant Deans, Assistants to the (1) Civilian professors, instructors, appointing authority. President, Assistants to the Vice teachers (except teachers at the (9) Positions engaged in the Presidents, Assistants to the Deans, Children’s School), Cadet Social reconstruction of Iraq for hiring non- Professors, Associate Professors, Activities Coordinator, Chapel Organist U.S. citizens when there is a severe Assistant Professors, Instructors, and Choir-Master, Director of shortage of candidates with U.S. Visiting Scientists, Research Associates, Intercollegiate Athletics, Associate citizenship. This authority is limited to Senior Research Associates, and Director of Intercollegiate Athletics, appointments made on or before July 1, Postdoctoral Fellows. coaches, Facility Manager, Building

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Manager, three Physical Therapists (d) Military Sealift Command. (g) Not to exceed eight positions, GS– (Athletic Trainers), Associate Director of (1) All positions on vessels operated 12 through 15, in Headquarters Air Admissions for Plans and Programs, by the Military Sealift Command. Force Logistics Command, DCS Material Deputy Director of Alumni Affairs; and (e) Pacific Missile Range Facility, Management, Office of Special librarian when filled by an officer of the Barking Sands, Hawaii. Activities, Wright-Patterson Air Force Regular Army retired from active (1) All positions. This authority Base, Ohio, which will provide logistic service, and the military secretary to the applies only to positions that must be support management staff guidance to Superintendent when filled by a U.S. filled pending final decision on classified research and development Military Academy graduate retired as a contracting of Facility operations. No projects. regular commissioned officer for new appointments may be made under (h) Air University, Maxwell Air Force disability. this authority after July 29, 1988. Base, Alabama. (e)–(f) (Reserved). (f) (Reserved). (1) Positions of Professor, Instructor, (g) Defense Language Institute. (g) Office of Naval Research. or Lecturer. (1) All positions (professors, (1) Scientific and technical positions, (i) Air Force Institute of Technology, instructors, lecturers) which require GS–13/15, in the Office of Naval Wright-Patterson Air Force Base, Ohio. proficiency in a foreign language or a Research International Field Office (1) Civilian deans and professors. knowledge of foreign language teaching which covers satellite offices within the (j) Air Force Logistics Command. methods. Far East, Africa, Europe, Latin America, (1) One Supervisory Logistics (h) Army War College, Carlisle and the South Pacific. Positions are to Management Specialist, GM–346–14, in Barracks, PA. be filled by personnel having Detachment 2, 2762 Logistics (1) Positions of professor, instructor, specialized experience in scientific and/ Management Squadron (Special), or lecturer associated with courses of or technical disciplines of current Greenville, Texas. instruction of at least 10 months interest to the Department of the Navy. (k) One position of Supervisory duration for employment not to exceed Logistics Management Specialist, GS– Section 213.3109 Department of the 5 years, which may be renewed in 1-, 346–15, in the 2762nd Logistics Air Force 2-, 3-, 4-, or 5-year increments Squadron (Special), at Wright-Patterson indefinitely thereafter. (a) Office of the Secretary. Air Force Base, Ohio. (i) (Reserved). (1) One Special Assistant in the Office (l) One position of Commander, Air (j) U.S. Military Academy Preparatory of the Secretary of the Air Force. This National Guard Readiness Center, School, Fort Monmouth, New Jersey. position has advisory rather than Andrews Air Force Base, Maryland. (1) Positions of Academic Director, operating duties except as operating or Department Head, and Instructor. administrative responsibilities may be Section 213.3110 Department of (k) U.S. Army Command and General exercised in connection with the pilot Justice Staff College, Fort Leavenworth, Kansas. (1) Positions of professor, associate studies. (a) General. (1) Deputy U.S. Marshals employed professor, assistant professor, and (b) General. (1) Professional, technical, managerial on an hourly basis for intermittent instructor associated with courses of and administrative positions supporting service. instruction of at least 10 months space activities, when approved by the (2) Positions at GS–15 and below on duration, for employment not to exceed Secretary of the Air Force. the staff of an office of a special counsel. up to 5 years, which may be renewed in (2) One hundred forty positions, (3)–(5) (Reserved). 1-, 2-, 3-, 4-, or 5-year increments serviced by Hill Air Force Base, Utah, (6) Positions of Program Manager and indefinitely thereafter. engaged in interdepartmental activities Assistant Program Manager supporting Section 213.3108 Department of the in support of national defense projects the International Criminal Investigative Navy involving scientific and technical Training Assistance Program in foreign (a) General. evaluations. countries. Initial appointments under (1)–(14) (Reserved). (c) Not to exceed 20 professional this authority may not exceed 2 years, (15) Marine positions assigned to a positions, GS–11 through GS–15, in but may be extended in one-year coastal or seagoing vessel operated by a Detachments 6 and 51, SM–ALC, Norton increments for the duration of the in- naval activity for research or training and McClellan Air Force Bases, country program. purposes. California, which will provide logistic (b) Immigration and Naturalization (16) All positions necessary for the support management to specialized Service. administration and maintenance of the research and development projects. (1) (Reserved). official residence of the Vice President. (d) U.S. Air Force Academy, (2) Not to exceed 500 positions of (b) Naval Academy, Naval Colorado. interpreters and language specialists, Postgraduate School, and Naval War (1) (Reserved). GS–1040–5/9. College. (2) Positions of Professor, Associate (3) Not to exceed 25 positions, GS–15 (1) Professors, instructors, and Professor, Assistant Professor, and and below, with proficiency in teachers; the Director of Academic Instructor, in the Dean of Faculty, speaking, reading, and writing the Planning, Naval Postgraduate School; Commandant of Cadets, Director of Russian language and serving in the and the Librarian, Organist-Choirmaster, Athletics, and Preparatory School of the Soviet Refugee Processing Program with Registrar, the Dean of Admissions, and United States Air Force Academy. permanent duty location in Moscow, social counselors at the Naval Academy. (e) (Reserved). Russia. (c) Chief of Naval Operations. (f) Air Force Office of Special (c) Drug Enforcement Administration. (1) One position at grade GS–12 or Investigations. (1) (Reserved). above that will provide technical, (1) Positions of Criminal (2) Four hundred positions of managerial, or administrative support Investigators/Intelligence Research Intelligence Research Agent and/or on highly classified functions to the Specialists, GS–5 through GS–15, in the Intelligence Operation Specialist in the Deputy Chief of Naval Operations Air Force Office of Special GS–132 series, grades GS–9 through (Plans, Policy, and Operations). Investigations. GS–15.

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(3) Not to exceed 200 positions of or other unforeseen situations involving (3) (Reserved). Criminal Investigator (Special Agent). potential loss of life or property. (4) Special Assistants to the Governor New appointments may be made under (6) Persons employed in field of American Samoa who perform this authority only at grades GS–7/11. positions, the work of which is financed specialized administrative, professional, (d) National Drug Intelligence Center. jointly by the Department of the Interior technical, and scientific duties as All positions. and cooperating persons or members of his or her immediate staff. organizations outside the Federal (f) National Park Service. Section 213.3111 Department of service. (1) (Reserved). Homeland Security (7) All positions in the Bureau of (2) Positions established for the (a) Up to 50 positions at the GS–5 Indian Affairs and other positions in the administration of Kalaupapa National through 15 grade levels at the Department of the Interior directly and Historic Park, Molokai, Hawaii, when Department of Homeland Security. No primarily related to providing services filled by appointment of qualified new appointments may be made under to Indians when filled by the patients and Native Hawaiians, as this authority after September 30, 2005. appointment of Indians. The Secretary provided by Public Law 95–565. (b)(1) Ten positions for over site of the Interior is responsible for defining (3) Seven full-time permanent and 31 policy and direction of sensitive law the term ‘‘Indian.’’ temporary, part-time, or intermittent enforcement activities. (8) Temporary, intermittent, or positions in the Redwood National Park, (c) Up to 15 Senior Level and General seasonal positions at GS–7 or below in California, which are needed for Schedule (or equivalent) positions Alaska, as follows: Positions in rehabilitation of the park, as provided within the Homeland Security Labor nonprofessional mining activities, such by Public Law 95–250. Relations Board and the Homeland as those of drillers, miners, caterpillar (4) One Special Representative of the Security Mandatory Removal Board. operators, and samplers. Employment Director. under this authority shall not exceed (5) All positions in the Grand Portage Section 213.3112 Department of the National Monument, Minnesota, when Interior 180 working days a year and shall be appropriate only when the activity is filled by the appointment of recognized (a) General. carried on in a remote or isolated area members of the Minnesota Chippewa (1) Technical, maintenance, and and there is a shortage of available Tribe. clerical positions at or below grades GS– candidates for the positions. (g) Bureau of Reclamation. 7, WG–10, or equivalent, in the field (9) Temporary, part-time, or (1) Appraisers and examiners service of the Department of the Interior, intermittent employment of mechanics, employed on a temporary, intermittent, when filled by the appointment of skilled laborers, equipment operators or part-time basis on special valuation persons who are certified as maintaining and tradesmen on construction, repair, or prospective-entrymen-review projects a permanent and exclusive residence or maintenance work not to exceed 180 where knowledge of local values on within, or contiguous to, a field activity working days a year in Alaska, when the conditions or other specialized or district, and as being dependent for activity is carried on in a remote or qualifications not possessed by regular livelihood primarily upon employment isolated area and there is a shortage of Bureau employees are required for available within the field activity of the available candidates for the positions. successful results. Employment under Department. (10) Seasonal airplane pilots and this provision shall not exceed 130 (2) All positions on Government- airplane mechanics in Alaska, not to working days a year in any individual owned ships or vessels operated by the exceed 180 working days a year. case: Provided, that such employment Department of the Interior. (11) Temporary staff positions in the may, with prior approval of OPM, be (3) Temporary or seasonal caretakers Youth Conservation Corps Centers extended for not to exceed an additional at temporarily closed camps or operated by the Department of the 50 working days in any single year. improved areas to maintain grounds, Interior. Employment under this (h) Office of the Deputy Assistant buildings, or other structures and authority shall not exceed 11 weeks a Secretary for Territorial Affairs. prevent damages or theft of Government year except with prior approval of OPM. (1) Positions of Territorial property. Such appointments shall not (12) Positions in the Youth Management Interns, GS–5, when filled extend beyond 130 working days a year Conservation Corps for which pay is by persons selected by the Government without the prior approval of OPM. fixed at the Federal minimum wage rate. of the Trust Territory of the Pacific (4) Temporary, intermittent, or Employment under this authority may Islands. No appointment may extend seasonal field assistants at GS–7, or its not exceed 10 weeks. beyond 1 year. equivalent, and below in such areas as (b) (Reserved). Section 213.3113 Department of forestry, range management, soils, (c) Indian Arts and Crafts Board. (1) Agriculture engineering, fishery and wildlife The Executive Director. management, and with surveying (d) (Reserved). (a) General. parties. Employment under this (e) Office of the Assistant Secretary, (1) Agents employed in field positions authority may not exceed 180 working Territorial and International Affairs. the work of which is financed jointly by days a year. (1) (Reserved). the Department and cooperating (5) Temporary positions established (2) Not to exceed four positions of persons, organizations, or governmental in the field service of the Department for Territorial Management Interns, grades agencies outside the Federal service. emergency forest and range fire GS–5, GS–7, or GS–9, when filled by Except for positions for which selection prevention or suppression and blister territorial residents who are U.S. is jointly made by the Department and rust control for not to exceed 180 citizens from the Virgin Islands or the cooperating organization, this working days a year: Provided, that an Guam; U.S. nationals from American authority is not applicable to positions employee may work as many as 220 Samoa; or in the case of the Northern in the Agricultural Research Service or working days a year when employment Marianas, will become U.S. citizens the National Agricultural Statistics beyond 180 days is required to cope upon termination of the U.S. Service. This authority is not applicable with extended fire seasons or sudden trusteeship. Employment under this to the following positions in the emergencies such as fire, flood, storm, authority may not exceed 6 months. Agricultural Marketing Service:

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Agricultural commodity grader (grain) Commodity Technicians, and (1) Executive Director. and (meat), (poultry), and (dairy), Agricultural Commodity Aids at grades Section 213.3114 Department of agricultural commodity aid (grain), and GS–9 and below in the tobacco, dairy, Commerce tobacco inspection positions. and poultry commodities; Meat (2)–(4) (Reserved). Acceptance Specialists, GS–11 and (a) General. (5) Temporary, intermittent, or below; Clerks, Office Automation (1)–(2) (Reserved). seasonal employment in the field Clerks, and Computer Clerks at GS–5 (3) Not to exceed 50 scientific and service of the Department in positions at and below; Clerk-Typists at grades GS– technical positions whose duties are and below GS–7 and WG–10 in the 4 and below; and Laborers under the performed primarily in the Antarctic. following types of positions: Field Wage System. Employment under this Incumbents of these positions may be assistants for sub professional services; authority is limited to either 1,280 hours stationed in the continental United agricultural helpers, helper-leaders, and or 180 days in a service year. States for periods of orientation, workers in the Agricultural Research (2) Positions of Agricultural training, analysis of data, and report Service and the Animal and Plant Commodity Graders, Agricultural writing. Health Inspection Service; and subject Commodity Technicians, and (b)–(c) (Reserved). to prior OPM approval granted in the Agricultural Commodity Aids at grades (d) Bureau of the Census. calendar year in which the appointment GS–11 and below in the cotton, raisin, (1) Managers, supervisors, is to be made, other clerical, trades, and processed fruit and vegetable technicians, clerks, interviewers, and crafts, and manual labor positions. Total commodities and the following enumerators in the field service, for employment under this subparagraph positions in support of these time-limited employment to conduct a may not exceed 180 working days in a commodities: Clerks, Office Automation census. service year: Provided, that an employee Clerks, and Computer Clerks and (2) Current Program Interviewers may work as many as 220 working days Operators at GS–5 and below; Clerk- employed in the field service. in a service year when employment Typists at grades GS–4 and below; and, (e)–(h) (Reserved). beyond 180 days is required to cope under the Federal Wage System, High (i) Office of the Under Secretary for with extended fire seasons or sudden Volume Instrumentation (HVI) International Trade. (1) Fifteen positions at GS–12 and emergencies such as fire, flood, storm, Operators and HVI Operator Leaders at above in specialized fields relating to or other unforeseen situations involving WG/WL–2 and below, respectively, international trade or commerce in units potential loss of life or property. This Instrument Mechanics/Workers/Helpers under the jurisdiction of the Under paragraph does not cover trades, crafts, at WG–10 and below, and Laborers. Secretary for International Trade. and manual labor positions covered by Employment under this authority may Incumbents will be assigned to advisory paragraph (i) of Sec. 213.3102 or not exceed 180 days in a service year. rather than to operating duties, except positions within the Forest Service. In unforeseen situations such as bad as operating and administrative (6)–(7) (Reserved). weather or crop conditions, responsibility may be required for the (b)–(c) (Reserved). unanticipated plant demands, or conduct of pilot studies or special (d) Farm Service Agency. increased imports, employees may work projects. Employment under this (1) (Reserved). up to 240 days in a service year. Cotton authority will not exceed 2 years for an (2) Members of State Committees: Agricultural Commodity Graders, GS–5, individual appointee. Provided, that employment under this may be employed as trainees for the first authority shall be limited to temporary (2) (Reserved). appointment for an initial period of 6 (3) Not to exceed 15 positions in intermittent (WAE) positions whose months for training without regard to principal duties involve administering grades GS–12 through GS–15, to be the service year limitation. filled by persons qualified as industrial farm programs within the State (3) Milk Market Administrators. consistent with legislative and (4) All positions on the staffs of the or marketing specialists; who possess Departmental requirements and Milk Market Administrators. specialized knowledge and experience reviewing national procedures and (g)–(k) (Reserved). in industrial production, industrial policies for adaptation at State and local (l) Food Safety and Inspection operations and related problems, market levels within established parameters. Service. structure and trends, retail and Individual appointments under this (1)–(2) (Reserved). wholesale trade practices, distribution authority are for 1 year and may be (3) Positions of Meat and Poultry channels and costs, or business extended only by the Secretary of Inspectors (Veterinarians at GS–11 and financing and credit procedures Agriculture or his designee. Members of below and non-Veterinarians at applicable to one or more of the current State Committees serve at the pleasure appropriate grades below GS–11) for segments of U.S. industry served by the of the Secretary. employment on a temporary, Under Secretary for International Trade, (e) Rural Development. intermittent, or seasonal basis, not to and the subordinate components of his (1) (Reserved). exceed 1,280 hours a year. organization which are involved in (2) County committeemen to consider, (m) Grain Inspection, Packers and Domestic Business matters. recommend, and advise with respect to Stockyards Administration. Appointments under this authority may the Rural Development program. (1) One hundred and fifty positions of be made for a period of not to exceed (3)–(5) (Reserved). Agricultural Commodity Aid (Grain), 2 years and may, with prior approval of (6) Professional and clerical positions GS–2/4; 100 positions of Agricultural OPM, be extended for an additional in the Trust Territory of the Pacific Commodity Technician (Grain), GS–4/7; period of 2 years. Islands when occupied by indigenous and 60 positions of Agricultural (j) National Oceanic and Atmospheric residents of the Territory to provide Commodity Grader (Grain), GS–5/9, for Administration. financial assistance pursuant to current temporary employment on a part-time, (1)–(2) (Reserved). authorizing statutes. intermittent, or seasonal basis not to (3) All civilian positions on vessels (f) Agricultural Marketing Service. exceed 1,280 hours in a service year. operated by the National Ocean Service. (1) Positions of Agricultural (n) Alternative Agricultural Research (4) Temporary positions required in Commodity Graders, Agricultural and Commercialization Corporation. connection with the surveying

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operations of the field service of the Department of Health and Human Section 213.3128 Broadcasting Board National Ocean Service. Appointment to Services directly and primarily related of Governors such positions shall not exceed 8 to providing services to Indians when (a) International Broadcasting Bureau. months in any 1 calendar year. filled by the appointment of Indians. (1) Not to exceed 200 positions at (k) (Reserved). The Secretary of Health and Human grades GS–15 and below in the Office of (l) National Telecommunication and Services is responsible for defining the Cuba Broadcasting. Appointments may Information Administration. term ‘‘Indian.’’ not be made under this authority to (1) Thirty-eight professional positions (9) (Reserved). administrative, clerical, and technical in grades GS–13 through GS–15. (10) Health care positions of the National Health Service Corps for support positions. Section 213.3115 Department of Labor employment of any one individual not Section 213.3132 Small Business (a) Office of the Secretary. to exceed 4 years of service in health Administration (1) Chairman and five members, manpower shortage areas. Employees’ Compensation Appeals (11)–(14) (Reserved). (a) When the President under 42 Board. (15) Not to exceed 200 staff positions, U.S.C. 1855–1855g, the Secretary of (2) Chairman and eight members, GS–15 and below, in the Immigration Agriculture under 7 U.S.C. 1961, or the Benefits Review Board. Health Service, for an emergency staff to Small Business Administration under (b)–(c) (Reserved). provide health related services to 15 U.S.C. 636(b)(1) declares an area to (d) Employment and Training foreign entrants. be a disaster area, positions filled by Administration. (c)–(e) (Reserved). time-limited appointment of employees (1) Not to exceed 10 positions of (f) The President’s Council on to make and administer disaster loans in Supervisory Manpower Development Physical Fitness. the area under the Small Business Act, Specialist and Manpower Development (1) Four staff assistants. as amended. Service under this authority may not exceed 4 years, and Specialist, GS–7/15, in the Division of Section 213.3117 Department of no more than 2 years may be spent on Indian and Native American Programs, Education when filled by the appointment of a single disaster. Exception to this time (a) Positions concerned with problems persons of one-fourth or more Indian limit may only be made with prior in education financed and participated blood. These positions require direct Office of Personnel Management in by the Department of Education and contact with Indian tribes and approval. Appointments under this a cooperating State educational agency, communities for the development and authority may not be used to extend the or university or college, in which there administration of comprehensive 2-year service limit contained in is joint responsibility for selection and employment and training programs. paragraph (b) below. No one may be supervision of employees, and at least appointed under this authority to Section 213.3116 Department of one-half of the expense is contributed positions engaged in long-term Health and Human Services by the cooperating agency in salaries, maintenance of loan portfolios. (a) General. quarters, materials, equipment, or other (b) When the President under 42 (1) Intermittent positions, at GS–15 necessary elements in the carrying on of U.S.C. 1855–1855g, the Secretary of and below and WG–10 and below, on the work. Agriculture under 7 U.S.C. 1961, or the teams under the National Disaster Section 213.3124 Board of Governors, Small Business Administration under Medical System including Disaster Federal Reserve System 15 U.S.C. 636(b)(1) declares an area to be a disaster area, positions filled by Medical Assistance Teams and specialty (a) All positions. teams, to respond to disasters, time-limited appointment of employees emergencies, and incidents/events Section 213.3127 Department of to make and administer disaster loans in involving medical, mortuary and public Veterans Affairs that area under the Small Business Act, health needs. (a) Construction Division. as amended. No one may serve under (b) Public Health Service. (1) Temporary construction workers this authority for more than an aggregate (1) (Reserved). paid from ‘‘purchase and hire’’ funds of 2 years without a break in service of (2) Positions at Government sanatoria and appointed for not to exceed the at least 6 months. Persons who have had when filled by patients during treatment duration of a construction project. more than 2 years of service under or convalescence. (b) Not to exceed 400 positions of paragraph (a) of this section must have (3) (Reserved). rehabilitation counselors, GS–3 through a break in service of at least 8 months (4) Positions concerned with GS–11, in Alcoholism Treatment Units following such service before problems in preventive medicine and Drug Dependence Treatment appointment under this authority. No financed or participated in by the Centers, when filled by former patients. one may be appointed under this Department of Health and Human (c) Board of Veterans’ Appeals. authority to positions engaged in long- Services and a cooperating State, (1) Positions, GS–15, when filled by a term maintenance of loan portfolios. county, municipality, incorporated member of the Board. Except as Section 213.3133 Federal Deposit organization, or an individual in which provided by section 201(d) of Public Insurance Corporation at least one-half of the expense is Law 100–687, appointments under this contributed by the participating agency authority shall be for a term of 9 years, (a)–(b) (Reserved). either in salaries, quarters, materials, and may be renewed. (c) Temporary positions located at equipment, or other necessary elements (2) Positions, GS–15, when filled by a closed banks or savings and loan in the carrying on of the work. non-member of the Board who is institutions that are concerned with (5)–(6) (Reserved). awaiting Presidential approval for liquidating the assets of the institutions, (7) Not to exceed 50 positions appointment as a Board member. liquidating loans to the institutions, or associated with health screening (d) Not to exceed 600 positions at paying the depositors of closed insured programs for refugees. grades GS–3 through GS–11, involved in institutions. New appointments may be (8) All positions in the Public Health the Department’s Vietnam Era Veterans made under this authority only during Service and other positions in the Readjustment Counseling Service. the 60 days immediately following the

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institution’s closing date. Such (who was given an offer of employment appointments may be made under this appointments may not exceed 1 year, on September 13, 2002, and is waiting authority after September 23, 1998. but may be extended for not to exceed a physical examination clearance) is Section 213.3180 Utah Reclamation 1 additional year. appointed, whichever is later. and Conservation Commission Section 213.3136 U.S. Soldiers’ and Section 213.3166 Court Services and (a) Executive Director. Airmen’s Home Offender Supervision Agency of the Section 213.3182 National Foundation (a) (Reserved). District of Columbia on the Arts and the Humanities (b) Positions when filled by member- (a) All positions, except for the residents of the Home. Director, established to create the Court (a) National Endowment for the Arts. Services and Offender Supervision (1) Artistic and related positions at Section 213.3146 Selective Service Agency of the District of Columbia. No grades GS–13 through GS–15 engaged in System new appointments may be made under the review, evaluation and (a) State Directors. this authority after March 31, 2004. administration of applications and grants supporting the arts, related Section 213.3148 National Section 213.3170 Millennium research and assessment, policy and Aeronautics and Space Administration Challenge Corporation program development, arts education, (a) One hundred and fifty alien (a) All positions established to create access programs and advocacy or scientists having special qualifications the Millennium Challenge Corporation. evaluation of critical arts projects and in the fields of aeronautical and space No new appointments may be made outreach programs. Duties require research where such employment is under this authority after September 30, artistic stature, in-depth knowledge of deemed by the Administrator of the 2007. arts disciplines and/or artistic-related National Aeronautics and Space leadership qualities. Administration to be necessary in the Section 213.3174 Smithsonian public interest. Institution Section 213.3190 African Development (a) (Reserved). Foundation Section 213.3155 Social Security (b) All positions located in Panama (a) One Enterprise Development Fund Administration which are part of or which support the Manager. Appointment authority is (a) Six positions of Social Insurance Smithsonian Tropical Research limited to four years unless extended by Representative in the district offices of Institute. the Office of Personnel Management. the Social Security Administration in (c) Positions at GS–15 and below in the State of Arizona when filled by the the National Museum of the American Section 213.3191 Office of Personnel appointment of persons of one-fourth or Indian requiring knowledge of, and Management more Indian blood. experience in, tribal customs and (a)–(c) (Reserved). (b) Seven positions of Social culture. Such positions comprise (d) Part-time and intermittent Insurance Representative in the district approximately 10 percent of the positions of test examiners at grades offices of the Social Security Museum’s positions and, generally, do GS–8 and below. Administration in the State of New not include secretarial, clerical, Section 213.3194 Department of Mexico when filled by the appointment administrative, or program support Transportation of persons of one-fourth or more Indian positions. blood. (a) U.S. Coast Guard. Section 213.3175 Woodrow Wilson (c) Two positions of Social Insurance (1) (Reserved). International Center for Scholars Representative in the district offices of (2) Lamplighters. the Social Security Administration in (a) One Asian Studies Program (3) Professors, Associate Professors, the State of Alaska when filled by the Administrator, one International Assistant Professors, Instructors, one appointments of persons of one-fourth Security Studies Program Principal Librarian, one Cadet Hostess, or more Alaskan Native blood (Eskimos, Administrator, one Latin American and one Psychologist (Counseling) at the Indians, or Aleuts). Program Administrator, one Russian Coast Guard Academy, New London, Studies Program Administrator, one Connecticut. Section 213.3162 The President’s West European Program Administrator, (b)–(d) (Reserved). Crime Prevention Council one Environmental Change & Security (e) Maritime Administration. (a) Up to 7 positions established in Studies Program Administrator, one (1)–(2) (Reserved). the President’s Crime Prevention United States Studies Program (3) All positions on Government- Council office created by the Violent Administrator, two Social Science owned vessels or those bareboats Crime Control and Law Enforcement Program Administrators, and one chartered to the Government and Act of 1994. No new appointments may Middle East Studies Program operated by or for the Maritime be made under this authority after Administrator. Administration. March 31, 1998. (4)–(5) (Reserved). Section 213.3178 Community (6) U.S. Merchant Marine Academy, Section 213.3165 Chemical Safety and Development Financial Institutions positions of: Professors, Instructors, and Hazard Investigation Board Fund Teachers, including heads of (a) (Reserved). (a) All positions in the Fund and Departments of Physical Education and (b) Seven positions of either Chemical positions created for the purpose of Athletics, Humanities, Mathematics and Incident Investigators or Chemical establishing the Fund’s operations in Science, Maritime Law and Economics, Safety Recommendation Specialists, in accordance with the Community Nautical Science, and Engineering; the Office of Investigations and Safety Development Banking and Financial Coordinator of Shipboard Training; the Programs. No new appointments may be Institutions Act of 1994, except for any Commandant of Midshipmen, the made under this authority after October positions required by the Act to be filled Assistant Commandant of Midshipmen; 15, 2002, or until the seventh person by competitive appointment. No new Director of Music; three Battalion

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Officers; three Regimental Affairs Schedule B (ii) Has been removed from the SES Officers; and one Training because of less than fully successful Section 213.3202 Entire Executive Administrator. executive performance, or a reduction in Civil Service (7) U.S. Merchant Marine Academy force; and positions of: Associate Dean; Registrar; (a) Student Educational Employment (iii) Is entitled to be placed in another Director of Admissions; Assistant Program—Student Temporary civil service position under 5 U.S.C. Director of Admissions; Director, Office Employment Program. 3594(b). (1) Students may be appointed to the of External Affairs; Placement Officer; (2) Appointment in a different agency Student Temporary Employment Administrative Librarian; Shipboard without a break in service of an Program if they are pursuing any of the Training Assistant; three Academy individual originally appointed under following educational programs: Training Representatives; and one paragraph (m)(1). (i) High School Diploma or General (3) Reassignment, promotion, or Education Program Assistant. Equivalency Diploma (GED); demotion within the same agency of an Section 213.3195 Federal Emergency (ii) Vocational/Technical certificate; individual appointed under this Management Agency (iii) Associate degree; authority. (iv) Baccalaureate degree; (n) Positions when filled by (a) Field positions at grades GS–15 (v) Graduate degree; or preference eligibles or veterans who and below, or equivalent, which are (vi) Professional degree have been separated from the armed engaged in work directly related to * * * * * forces under honorable conditions after unique response efforts to [The remaining text of provisions 3 years or more of continuous active environmental emergencies not covered pertaining to the Student Temporary service and who, in accordance with 5 by the Disaster Relief Act of 1974, Employment Program can be found in 5 U.S.C. 3304(f) (Pub. L. 105–339), Public Law 93–288, as amended. CFR 213.3202(a).] applied for these positions under merit Employment under this authority may (b) Student Educational Employment promotion procedures when not exceed 36 months on any single Program—Student Career Experience applications were being accepted by the emergency. Persons may not be Program. agency from individuals outside its own employed under this authority for long- (1)(i) Students may be appointed to workforce. These veterans may be term duties or for work not directly the Student Career Experience Program promoted, demoted, or reassigned, as necessitated by the emergency response if they are pursuing any of the following appropriate, to other positions within effort. educational programs: the agency but would remain employed (b) Not to exceed 30 positions at (A) High school diploma or General under this excepted authority as long as grades GS–15 and below in the Offices Equivalency Diploma (GED); there is no break in service. No new of Executive Administration, General (B) Vocational/Technical certificate; appointments may be made under this Counsel, Inspector General, (C) Associate degree; authority after November 30, 1999. Comptroller, Public Affairs, Personnel, (D) Baccalaureate degree; (o) The Federal Career Intern Acquisition Management, and the State (E) Graduate degree; or Program— (F) Professional degree. and Local Program and Support (1) Appointments. Appointments (ii) Student participants in the Harry Directorate which are engaged in work made under the Federal Career Intern S. Truman Foundation Scholarship directly related to unique response Program may not exceed 2 years, except Program under the provision of Public efforts to environmental emergencies as described in paragraph (o)(2) of this Law 93–842 are eligible for not covered by the Disaster Relief Act of section. Initial appointments shall be appointments under the Student Career 1974, Public Law 93–288, as amended. made to a position at the grades GS–5, Experience Program. Employment under this authority may 7, or 9 (and equivalent) or other trainee not exceed 36 months on any single * * * * * levels appropriate for the Program. emergency, or for long-term duties or [The remaining text of provisions Agencies must request OPM approval to work not directly necessitated by the pertaining to the Student Career cover additional grades to meet unique emergency response effort. No one may Experience Program can be found in 5 or specialized needs. Agencies will use be reappointed under this authority for CFR 213.3202(b).] part 302 of this chapter when making service in connection with a different (c)–(i) (Reserved). appointments under this Program. emergency unless at least 6 months have (j) Special executive development (2) Extensions. elapsed since the individual’s latest positions established in connection with (i) Agencies must request, in writing, appointment under this authority. Senior Executive Service candidate OPM approval to extend internships for development programs which have been up to 1 additional year beyond the (c) Not to exceed 350 professional and approved by OPM. A Federal agency authorized 2 years for additional technical positions at grades GS–5 may make new appointments under this training and/or developmental through GS–15, or equivalent, in Mobile authority for any period of employment activities. Emergency Response Support not exceeding 3 years for one Detachments (MERS). * * * * * individual. [The remaining text of provisions Section 213.3199 Temporary (k)–(l) (Reserved). pertaining to the Federal Career Intern Organizations (m) Positions when filled under any Program can be found in 5 CFR of the following conditions: 213.3202(o).] Positions on the staffs of temporary (1) Appointment at grades GS–15 and organizations, as defined in 5 U.S.C. above, or equivalent, in the same or a Section 213.3203 Executive Office of 3161(a). Appointments may not exceed different agency without a break in the President 3 years, but temporary organizations service from a career appointment in the (a) (Reserved). may extend the appointments for 2 Senior Executive Service (SES) of an (b) Office of the Special additional years if the conditions for individual who: Representative for Trade Negotiations. extension are related to the completion (i) Has completed the SES (1) Seventeen positions of economist of the study or project. probationary period; at grades GS–12 through GS–15.

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Section 213.3204 Department of State Information) in the Office of the weapons systems applications of ocean (a)(1) One non-permanent senior level Assistant Secretary (Comptroller). eddies. (b) All civilian faculty positions of position to serve as Science and (3)–(4) (Reserved). (5) Four Net Assessment Analysts. professors, instructors, and teachers on Technology Advisor to the Secretary. (b) Interdepartmental activities. the staff of the Armed Forces Staff (b)–(c) (Reserved). (1) Five positions to provide general College, Norfolk, Virginia. (d) Fourteen positions on the administration, general art and (c) One Director and four Research household staff of the President’s Guest information, photography, and/or visual Psychologists at the professor or GS–15 House (Blair and Blair-Lee Houses). information support to the White House level in the Defense Personnel Security (e) (Reserved). Photographic Service. Research and Education Center. (f) Scientific, professional, and (2) Eight positions, GS–15 or below, (d) All civilian professor positions at technical positions at grades GS–12 to in the White House Military Office, the Marine Corps Command and Staff GS–15 when filled by persons having providing support for airlift operations, College. special qualifications in foreign policy special events, security, and/or (e) One position of Staff Assistant, matters. Total employment under this administrative services to the Office of GS–301, whose incumbent will manage authority may not exceed 4 years. the President. the Navy’s Executive Dining facilities at Section 213.3205 Department of the (c) National Defense University. the Pentagon. Treasury (1) Sixty-one positions of Professor, (f) One position of Housing GS–13/15, for employment of any one Management Specialist, GM–1173–14, (a) Positions of Deputy Comptroller of individual on an initial appointment not involved with the Bachelor Quarters the Currency, Chief National Bank to exceed 3 years, which may be Management Study. No new Examiner, Assistant Chief National renewed in any increment from 1 to 6 appointments may be made under this Bank Examiner, Regional Administrator years indefinitely thereafter. authority after February 29, 1992. of National Banks, Deputy Regional (d) General. Section 213.3209 Department of the Administrator of National Banks, (1) One position of Law Enforcement Air Force Assistant to the Comptroller of the Liaison Officer (Drugs), GS–301–15, Currency, National Bank Examiner, U.S. European Command. (a) Not to exceed four Associate National Bank Examiner, and (2) Acquisition positions at grades interdisciplinary positions for the Air Assistant National Bank Examiner, GS–5 through GS–11, whose Research Institute at the Air University, whose salaries are paid from incumbents have successfully Maxwell Air Force Base, Alabama, for assessments against national banks and completed the required course of employment to complete studies other financial institutions. education as participants in the proposed by candidates and acceptable (b–(c) (Reserved). Department of Defense scholarship to the Air Force. Initial appointments (d) Positions concerned with the program authorized under 10 U.S.C. are made not to exceed 3 years, with an protection of the life and safety of the 1744. option to renew or extend the President and members of his (e) Office of the Inspector General. appointments in increments of 1, 2, or immediate family, or other persons for (1) Positions of Criminal Investigator, 3 years indefinitely thereafter. whom similar protective services are GS–1811–5/15. (b)–(c) (Reserved). prescribed by law, when filled in (f) Department of Defense Polygraph (d) Positions of Instructor or accordance with special appointment Institute, Fort McClellan, Alabama. professional academic staff at the Air procedures approved by OPM. (1) One Director, GM–15. University, associated with courses of Service under this authority may not (g) Defense Security Assistance instruction of varying durations, for exceed: Agency. All faculty members with employment not to exceed 3 years, (1) A total of 4 years; or instructor and research duties at the which may be renewed for an indefinite (2) 120 days following completion of Defense Institute of Security Assistance period thereafter. the service required for conversion Management, Wright Patterson Air (e) One position of Director of under Executive Order 11203, Force Base, Dayton, Ohio. Individual Development and Alumni Programs, whichever comes first. appointments under this authority will GS–301–13, with the U.S. Air Force (e) Positions, grades GS–5 through 12, be for an initial 3-year period, which Academy, Colorado. of Treasury Enforcement Agent in the may be followed by an appointment of Section 213.3210 Department of Bureau of Alcohol, Tobacco, and indefinite duration. Firearms; and Treasury Enforcement Justice Agent, Pilot, Marine Enforcement Section 213.3207 Department of the (a) Criminal Investigator (Special Officer, and Aviation Enforcement Army Agent) positions in the Drug Officer in the U.S. Customs Service. (a) U.S. Army Command and General Enforcement Administration. New Service under this authority may not Staff College. appointments may be made under this exceed 3 years and 120 days. (1) Seven positions of professors, authority only at grades GS–5 through 11. Service under the authority may not Section 213.3206 Department of instructors, and education specialists. exceed 4 years. Appointments made Defense Total employment of any individual under this authority may not exceed 4 under this authority may be converted (a) Office of the Secretary. years. to career or career-conditional (1) (Reserved). appointments under the provisions of (2) Professional positions at GS–11 Section 213.3208 Department of the Executive Order 12230, subject to through GS–15 involving systems, costs, Navy conditions agreed upon between the and economic analysis functions in the (a) Naval Underwater Systems Center, Department and OPM. Office of the Assistant Secretary New London, Connecticut. (b) (Reserved). (Program Analysis and Evaluation); and (1) One position of Oceanographer, (c) Not to exceed 400 positions at in the Office of the Deputy Assistant grade GS–14, to function as project grades GS–5 through 15 assigned to Secretary (Systems Policy and director and manager for research in the regional task forces established to

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conduct special investigations to combat Section 213.3215 Department of Labor Logistics; and Director, Plans and drug trafficking and organized crime. (a) Chair and a maximum of four Programs. (d) (Reserved). additional Members, Administrative (e) Positions, other than secretarial, Section 213.3240 National Archives Review Board. and Records Administration GS–6 through GS–15, requiring (b) (Reserved). knowledge of the bankruptcy process, (c) Bureau of International Labor (a) Executive Director, National on the staff of the offices of United Affairs. Historical Publications and Records States Trustees or the Executive Office (1) Positions in the Office of Foreign Commission. for U.S. Trustees. Relations, which are paid by outside Section 213.3248 National Section 213.3213 Department of funding sources under contracts for Aeronautics and Space Administration Agriculture specific international labor market technical assistance projects. (a) Not to exceed 40 positions of (a) Foreign Agricultural Service. Appointments under this authority may Command Pilot, Pilot, and Mission (1) Positions of a project nature not be extended beyond the expiration Specialist candidates at grades GS–7 involved in international technical date of the project. through 15 in the Space Shuttle assistance activities. Service under this Astronaut program. Employment under authority may not exceed 5 years on a Section 213.3217 Department of this authority may not exceed 3 years. single project for any individual unless Education Section 213.3255 Social Security delayed completion of a project justifies (a) Seventy-five positions, not to Administration an extension up to but not exceeding 2 exceed GS–13, of a professional or years. analytical nature when filled by (a) Temporary and time-limited (b) General. persons, other than college faculty positions in the Ticket to Work and (1) Temporary positions of members or candidates working toward Work Incentives Advisory Panel. No professional Research Scientists, GS–15 college degrees, who are participating in employees may be appointed after or below, in the Agricultural Research mid-career development programs November 17, 2007. Service, Economic Research Service, authorized by Federal statute or and the Forest Service, when such Section 213.3274 Smithsonian regulation, or sponsored by private Institution positions are established to support the nonprofit organizations, when a period Research Associateship Program and are of work experience is a requirement for (a) (Reserved). filled by persons having a doctoral completion of an organized study (b) Freer Gallery of Art. degree in an appropriate field of study program. Employment under this (1) Not to exceed four positions of for research activities of mutual interest authority shall not exceed 1 year. Oriental Art Restoration Specialist at to appointees and the agency. (b) Fifty positions, GS–7 through GS– grades GS–9 through GS–15. Appointments are limited to proposals 11, concerned with advising on Section 213.3276 Appalachian approved by the appropriate education policies, practices, and Regional Commission Administrator. Appointments may be procedures under unusual and made for initial periods not to exceed 2 abnormal conditions. Persons employed (a) Two Program Coordinators. years and may be extended for up to 2 under this provision must be bona fide Section 213.3278 Armed Forces additional years. Extensions beyond 4 elementary school and high school Retirement Home years, up to a maximum of 2 additional teachers. Appointments under this years, may be granted, but only in very authority may be made for a period of (a) Naval Home, Gulfport, Mississippi. rare and unusual circumstances, as not to exceed 1 year, and may, with the (1) One Resource Management Officer determined by the Human Resources prior approval of the Office of Personnel position and one Public Works Officer Officer for the Research, Education, and Management, be extended for an position, GS/GM–15 and below. Economics Mission Area, or the Human additional period of 1 year. Section 213.3282 National Foundation Resources Officer, Forest Service, Forest on the Arts and the Humanities Service. Section 213.3227 Department of (2) Not to exceed 55 Executive Veterans Affairs (a) (Reserved). Director positions, GM–301–14/15, with (a) Not to exceed 800 principal (b) National Endowment for the the State Rural Development Councils investigatory, scientific, professional, Humanities. in support of the Presidential Rural and technical positions at grades GS–11 (1) Professional positions at grades Development Initiative. and above in the medical research GS–11 through GS–15 engaged in the program. review, evaluation, and administration Section 213.3214 Department of (b) Not to exceed 25 Criminal of grants supporting scholarship, Commerce Investigator (Undercover) positions, GS– education, and public programs in the (a) Bureau of the Census. 1811, in grades 5 through 12, humanities, the duties of which require (1) (Reserved). conducting undercover investigations in in-depth knowledge of a discipline of (2) Not to exceed 50 Community the Veterans Health Administration the humanities. Services Specialist positions at the supervised by the VA, Office of Section 213.3291 Office of Personnel equivalent of GS–5 through GS–12. Inspector General. Initial appointments Management (3) (Reserved). shall be greater than 1 year, but not to (b)–(c) (Reserved). exceed 4 years and may be extended (a) Not to exceed eight positions of (d) National Telecommunications and indefinitely in 1-year increments. Associate Director at the Executive Information Administration. Seminar Centers at grades GS–13 and (1) Not to exceed 10 positions of Section 213.3236 U.S. Soldiers’ and GS–14. Appointments may be made for Telecommunications Policy Analysts, Airmen’s Home any period up to 3 years and may be grades GS–11 through 15. Employment (a) (Reserved). extended without prior approval for any under this authority may not exceed 2 (b) Director, Health Care Services; individual. Not more than half of the years. Director, Member Services; Director, authorized faculty positions at any one

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Executive Seminar Center may be filled BOGS60906 Special Assistant to the QQGS70003 Deputy Chief of Staff under this authority. Deputy Director for Management to QQGS70004 Public Affairs Specialist (b) Twelve positions of faculty the Deputy Director for Management (Media Campaign) to the Associate members at grades GS–13 through 15, at BOGS60907 Confidential Assistant to Director for Public Affairs the Federal Executive Institute. Initial the Associate Director for Natural QQGS70005 Confidential Assistant to appointments under this authority may Resource Programs the Deputy Director for Supply be made for any period up to 3 years BOGS70001 Associate General Reduction and may be extended in 1-, 2-, or 3-year Counsel to the General Counsel and QQGS70006 Counselor to the Deputy increments indefinitely thereafter. Senior Policy Advisor Director for Demand Reduction BOGS70002 Press Secretary to the QQGS70009 Special Assistant to the Schedule C Associate Director for Director to the Chief of Staff Section 213.3303 Executive Office of Communications QQGS70010 Legislative Analyst to the the President BOGS70004 Special Assistant and Associate Director Office of Counselor to the Controller, Office of Legislative Affairs Council on Economic Advisors Federal Financial Management QQGS70011 Confidential Assistant to CEGS60001 Confidential Assistant to BOGS70005 Confidential Assistant to the Director the Chairman, Council of Economic the Associate Director for Legislative Office of the United States Trade Advisers Affairs Representative CEGS60004 Confidential Assistant to BOGS70007 Press Assistant to the the Chairman, Council of Economic Associate Director for TNGS00019 Confidential Assistant to Advisers Communications the Deputy United States Trade CEGS60005 Administrative Operations BOGS70008 Deputy to the Associate Representative Assistant to the Member (Council for Director for Legislative Affairs House) TNGS60023 Public Affairs Specialist Economic Advisers) BOGS70009 Confidential Assistant to to the Assistant U.S. Trade Representative for Public and Media Council on Environmental Quality the Deputy Director for Management BOGS70010 Confidential Assistant to Affairs TNGS60024 Director of Scheduling EQGS00018 Associate Director for the Deputy Director Office of and Advance to the United States Congressional Affairs to the Chairman Management and Budget (Council on Environmental Quality) Trade Representative EQGS60019 Associate Director for Office of National Drug Control Policy TNGS60025 Deputy Assistant United Agriculture, Lands and Wildlife to the QQGS00028 White House Liaison and States Trade Representative for Chairman (Council on Environmental Intergovernmental Affairs Specialist Congressional Affairs to the Assistant Quality) to the Chief of Staff United States Trade Representative for Congressional Affairs Office of Management and Budget QQGS00035 Policy Analyst and Intergovernmental Affairs Liaison to TNGS60048 Staff Assistant to the BOGS00039 Legislative Analyst to the the Associate Deputy Director, State Chief of Staff TNGS70001 Confidential Assistant to Associate Director for Legislative and Local Affairs the Chief of Staff Affairs QQGS60089 Associate Director Office BOGS00151 Deputy Press Secretary to TNGS70002 Special Assistant to of Legislative Affairs to the Chief of the Press Secretary Deputy United States Representative BOGS00152 Portfolio Manager to the Staff TNGS70003 Confidential Assistant to QQGS60093 Special Assistant to the Administrator, E-Government and the Deputy United States Trade Associate Director Office of Information Technology Representative BOGS60011 Deputy General Counsel Legislative Affairs Official Residence of the Vice President to the General Counsel QQGS60094 Policy Analyst to the BOGS60026 Confidential Assistant to Associate Deputy Director, State and RVGS00005 Deputy Social Secretary the Associate Director for General Local Affairs and Residence Manager to the Government Programs QQGS60095 Confidential Assistant to Assistant to the Vice President and BOGS60027 Confidential Assistant to the Associate Director Office of Deputy Chief of Staff the Administrator, Office of Legislative Affairs Office of Science and Technology Policy Information and Regulatory Affairs QQGS60097 Public Affairs Specialist BOGS60035 Confidential Assistant to to the Counselor to the Deputy TSGS60042 Deputy to the Associate the Counselor to the Deputy Director Director Director, Technology for Management QQGS60098 Special Assistant to the TSGS60043 Program Management BOGS60141 Deputy to the Associate Associate Director for Legislative Specialist to the Chief of Staff and Director for Legislative Affairs Affairs General Counsel (Senate) to the Executive Associate QQGS60099 Project Manager to the TSGS60044 Assistant to the Director Director Deputy Director for Demand for Communications and Public BOGS60153 Confidential Assistant to Reduction Affairs to the Chief of Staff and the Associate Director for National QQGS60100 Confidential Assistant to General Counsel Security Programs the Deputy Chief of Staff TSGS60045 Assistant to the Director BOGS60155 Special Assistant to the QQGS70000 Special Assistant to the for Legislative Affairs to the Chief of Director Office of Management and Deputy Director for Demand Staff and General Counsel Budget Reduction TSGS60046 Assistant Director for BOGS60157 Confidential Assistant to QQGS70001 Public Affairs Specialist Telecommunications and Information the Administrator, E-Government and to the Associate Director for Public Technology to the Chief of Staff and Information Technology Affairs General Counsel BOGS60158 Special Assistant to the QQGS70002 Confidential Assistant to TSGS60047 Deputy Chief of Staff and Director Office of Management and the Associate Director for Public Associate General Counsel to the Budget Affairs Chief of Staff and General Counsel

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Section 213.3304 Department of State DSGS60793 Chief, Voluntary Visitors DSGS61038 Special Assistant to the DSGS60152 Supervisory Foreign Division to the Assistant Secretary, Chief of Protocol DSGS61042 Foreign Affairs Officer to Affairs Officer to the Under Secretary Bureau of Educational and Cultural the Assistant Secretary for for Global Affairs Affairs International Organizational Affairs DSGS60156 Confidential Assistant to DSGS60795 Member, Policy Planning DSGS61043 Coordinator for the Secretary of State Staff to the Director, Policy Planning Intergovernmental Affairs to the DSGS60194 Senior Advisor to the Staff DSGS60817 Legislative Management Deputy Assistant Secretary Under Secretary for Arms Control and Officer to the Assistant Secretary for DSGS61045 Special Assistant to the Security Affairs Legislative and Intergovernmental Assistant Secretary for Democracy DSGS60201 Staff Assistant to the Human Rights and Labor Under Secretary for Global Affairs Affairs DSGS60947 Staff Assistant (Visits) to DSGS61047 Legislative Management DSGS60267 Foreign Affairs Officer to the Supervisory Protocol Officer Officer to the Assistant Secretary for the Principal Deputy Assistant (Visits) Legislative and Intergovernmental Secretary DSGS60950 Foreign Affairs Officer to Affairs DSGS60389 Senior Advisor to the the Assistant Secretary for Western DSGS61052 Special Assistant to the Assistant Secretary, Bureau of Hemispheric Affairs HIV/Aids Coordinator Educational and Cultural Affairs DSGS60951 Congressional Affairs DSGS61061 Protocol Officer (Gifts) to DSGS60394 Legislative Management Manager to the Assistant Secretary for the Chief of Protocol Officer to the Assistant Secretary for International Organizational Affairs DSGS61071 Public Affairs Specialist Legislative and Intergovernmental DSGS60965 Foreign Affairs Officer to to the Assistant Secretary for Public Affairs the Deputy Assistant Secretary Affairs DSGS60395 Director, Art in Embassies DSGS60971 Public Affairs Specialist DSGS61077 Special Assistant to the Program to the Deputy Assistant to the Assistant Secretary for Public Coordinator for Counter-Terrorism Secretary Affairs DSGS61078 Senior Advisor to the DSGS60417 Supervisory Foreign DSGS60973 Chief of Staff to the Assistant Secretary for Western Affairs Officer to the Under Secretary Director, Policy Planning Staff Hemispheric Affairs for Global Affairs DSGS60978 Director, New Partner DSGS61081 Foreign Affairs Officer to DSGS60567 Senior Advisor to the Outreach to the HIV/AIDS the Director Assistant Secretary for Near Eastern Coordinator DSGS61083 Public Affairs Specialist and South Asian Affairs DSGS60984 Special Assistant to the to the Assistant Secretary for Public DSGS60723 Senior Advisor to the Senior Advisor to the Secretary and Affairs Assistant Secretary for Western White House Liaison DSGS61084 Staff Assistant to the Hemispheric Affairs DSGS60986 Senior Advisor to the Director, Policy Planning Staff DSGS61085 Senior Advisor to the DSGS60724 Special Assistant to the Under Secretary for Public Diplomacy Assistant Secretary, Bureau of Director Office Resource Management and Public Affairs Office of Foreign Buildings DSGS60990 Senior Advisor to the Educational and Cultural Affairs DSGS61087 Legislative Management Operations Assistant Secretary for Near Eastern Officer to the Assistant Secretary for DSGS60734 Public Affairs Specialist and South Asian Affairs Legislative and Intergovernmental to the Assistant Secretary for Public DSGS60994 Senior Advisor to the Affairs Affairs Under Secretary for Management DSGS61088 Special Assistant to the DSGS60749 Special Assistant to the DSGS61000 Senior Advisor to the Chief Financial Officer Deputy Assistant Secretary Assistant Secretary for Near Eastern DSGS60762 Special Assistant to the DSGS61089 Supervisory Protocol and South Asian Affairs Officer (Visits) to the Chief of Protocol Assistant Secretary for Public Affairs DSGS61005 Legislative Management DSGS60763 Senior Advisor to the DSGS61091 Special Assistant to the Officer to the Assistant Secretary for Under Secretary for Public Diplomacy Assistant Secretary for Western Legislative and Intergovernmental Hemispheric Affairs and Public Affairs Affairs DSGS61092 Special Assistant to the DSGS60765 Public Affairs Specialist DSGS61006 Legislative Management Under Secretary for Public Diplomacy to the Assistant Secretary for Public Officer to the Assistant Secretary for and Public Affairs Affairs Legislative and Intergovernmental DSGS61093 Public Affairs Officer to DSGS60769 Special Assistant to the Affairs the Chief of Protocol Under Secretary for Management DSGS61011 Special Assistant to the DSGS61094 Special Assistant to the DSGS60771 Coordinator for Assistant Secretary for African Affairs Under Secretary for Public Diplomacy Intergovernmental Affairs to the DSGS61013 Senior Advisor to the and Public Affairs Assistant Secretary for Public Affairs Assistant Secretary DSGS61095 Special Assistant to the DSGS60773 Special Assistant to the DSGS61014 Assistant Manager, Deputy Assistant Secretary Assistant Secretary, Bureau of President’s Guest House to the Deputy DSGS61096 Senior Advisor to the Verification, Compliance and Chief of Protocol Director, Policy Planning Staff Verification DSGS61019 Senior Advisor to the DSGS61097 Foreign Affairs Officer DSGS60774 Special Assistant to the Under Secretary for Global Affairs (Ceremonials) to the Chief of Protocol Coordinator, Office of the Secretary DSGS61022 Special Assistant to the DSGS61098 Legislative Analyst to the DSGS60778 Foreign Affairs Officer to Deputy Assistant Secretary Assistant Secretary for Legislative and the Assistant Secretary for Near DSGS61023 Senior Advisor to the Intergovernmental Affairs Eastern and South Asian Affairs Assistant Secretary for Near Eastern DSGS61099 Special Assistant to the DSGS60782 Special Assistant to the and South Asian Affairs Chief of Staff Assistant Secretary for Western DSGS61026 Special Assistant to the DSGS61102 Special Assistant to the Affairs to the Assistant Secretary for Under Secretary for Public Diplomacy Senior Advisor to the Secretary and African Affairs and Public Affairs White House Liaison

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DSGS61103 Staff Assistant to the Legislative and Intergovernmental DSGS61226 Staff Assistant to the Under Secretary for Arms Control and Affairs Assistant Secretary for Public Affairs Security Affairs DSGS61194 Director to the Assistant DSGS61228 Special Assistant to the DSGS61104 Special Assistant to the Secretary for Democracy Human Assistant Secretary, Bureau of Director, Policy Planning Staff Rights and Labor Educational and Cultural Affairs DSGS61105 Senior Advisor to the DSGS61195 Writer-Editor to the DSGS61229 Protocol Assistant to the Ambassador-At-Large (War Crimes) Assistant Secretary Bureau of Deputy Chief of Protocol DSGS61106 Staff Assistant to the Political-Military Affairs DSGS61230 Staff Assistant to the Assistant Secretary for Economic and DSGS61196 Special Assistant to the Assistant Secretary, Bureau of Business Affairs Under Secretary for Arms Control and Educational and Cultural Affairs DSGS61108 Special Assistant to the Security Affairs DSGS61231 Special Assistant to the Under Secretary for Global Affairs SGS61197 Assistant Chief of Protocol Assistant Secretary for Near Eastern DSGS61109 Public Affairs Specialist to the Chief of Protocol and South Asian Affairs to the Assistant Secretary for Western DSGS61198 Director of DSGS61233 Foreign Affairs Officer to Hemispheric Affairs Communications to the HIV/Aids the Assistant Secretary for Western DSGS61110 Special Assistant to the Coordinator Hemispheric Affairs Assistant Secretary for East Asian and DSGS61199 Legislative Management DSGS61235 Public Affairs Specialist Pacific Affairs Officer to the Assistant Secretary for to the Assistant Secretary for Public DSGS61111 Legislative Management Legislative and Intergovernmental Affairs Officer to the Assistant Secretary for Affairs DSGS61237 Deputy Chief of Staff to Legislative and Intergovernmental DSGS61200 Staff Assistant to the the Secretary of State Affairs Under Secretary for Public Diplomacy DSGS61300 Staff Assistant to the DSGS61112 Senior Advisor to the and Public Affairs Under Secretary for Management Assistant Secretary for International DSGS61201 Public Affairs Specialist DSGS69721 Staff Assistant to the Organizational Affairs to the Assistant Secretary Oceans, Director, Policy Planning Staff DSGS69722 Senior Advisor to the DSGS61114 Staff Assistant to the International Environment and Assistant Secretary for Democracy Under Secretary for Arms Control and Science Affairs Security Affairs DSGS61203 Special Assistant to the Human Rights and Labor DSGS61115 Foreign Affairs Officer to Deputy Assistant Secretary Section 213.3305 Department of the the Assistant Secretary for DSGS61205 Protocol Officer (Visits) to Treasury International Organizational Affairs the Chief of Protocol DYGS00230 Public Affairs Specialist DSGS61116 Special Assistant to the DSGS61207 Special Assistant (Senior to the Director, Public Affairs Deputy Assistant Secretary Advisor) to the Assistant Secretary for DSGS61118 Senior Advisor to the DYGS00250 Director, Public Affairs to Democracy Human Rights and Labor Assistant Secretary for Western the Deputy Assistant Secretary for DSGS61208 Legislative Management Hemispheric Affairs Public Affairs DSGS61119 Staff Assistant to the Officer (Staff Director) to the Assistant DYGS00356 Director, Critical Assistant Secretary for International Secretary for Legislative and Infrastructure Protection and Organizational Affairs Intergovernmental Affairs Compliance Policy to the Deputy DSGS61120 Staff Assistant to the DSGS61209 Staff Assistant to the Assistant Secretary (Critical Director, Office of International Ambassador-At-Large (War Crimes) Infrastructure Protection and Visitors DSGS61211 Protocol Officer (Visits) to Compliance Policy) DSGS61122 Public Affairs Specialist the Chief of Protocol DYGS00375 Director of Legislative and (Speechwriter) to the Assistant DSGS61212 Special Assistant to the Governmental Affairs to the Director Secretary for European Affairs Women’s Human Rights Coordinator of the Mint DSGS61123 Staff Assistant to the DSGS61214 Staff Assistant to the DYGS00380 Deputy to the Assistant Assistant Secretary for Western Director, Policy Planning Staff Secretary (Legislative Affairs) to the Hemispheric Affairs DSGS61217 Public Affairs Specialist Assistant Secretary (Deputy Under DSGS61125 Protocol Officer (Visits) to to the Assistant Secretary for Public Secretary) for Legislative Affairs the Chief of Protocol Affairs DYGS00407 Senior Advisor to the DSGS61126 Staff Assistant to the DSGS61218 Public Affairs Specialist Assistant Secretary for Financial Director, Policy Planning Staff to the Assistant Secretary for Public Markets DSGS61127 Special Assistant to the Affairs DYGS00424 Senior Advisor to the Assistant Secretary for International DSGS61219 Foreign Affairs Officer to Assistant Secretary (Economic Policy) Organizational Affairs the Assistant Secretary, Bureau of DYGS00429 Executive Assistant to the DSGS61128 Special Assistant to the Verification, Compliance and Secretary Under Secretary for Global Affairs Implementation DYGS00430 Senior Advisor to the DSGS61190 Staff Assistant to the DSGS61220 Senior Advisor to the Under Secretary for Domestic Finance Under Secretary for International Assistant Secretary Oceans, DYGS00441 Director of Outreach to Security Affairs International Environment and the Deputy Assistant Secretary DSGS61191 Staff Assistant to the Science Affairs Financial Education) Assistant Secretary Bureau of DSGS61221 Senior Advisor to the DYGS00453 Media Coordinator to the International Narcotics and Law Assistant Secretary for Economic and Assistant Secretary (Public Affairs) Enforcement Affairs Business Affairs and Director of Policy Planning DSGS61192 Staff Assistant to the DSGS61222 Special Assistant to the DYGS00455 Special Assistant to the Assistant Secretary Bureau of Principal Deputy Assistant Secretary, Deputy Assistant Secretary (Financial International Narcotics and Law Bureau International Narcotics and Education) Enforcement Affairs Law Enforcement Affairs DYGS00459 Special Assistant to DSGS61193 Legislative Management DSGS61223 Special Assistant to the Director of Legislative and Officer to the Assistant Secretary for Assistant Secretary for Public Affairs Intergovernmental Affairs

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DYGS00460 Senior Advisor and Chief DYGS00844 Public Affairs Specialist DDGS16836 Defense Fellow to the of Staff to the Under Secretary for to the Director, Public Affairs Special Assistant to the Secretary of Terrorism and Financial Crimes DYGS60277 Senior Speechwriter to Defense for White House Liaison DYGS00464 Special Assistant to the the Assistant Secretary (Public DDGS16839 Supervisory Public Assistant Secretary (Deputy Under Affairs) and Director of Policy Affairs Specialist to the Deputy Secretary) for Legislative Affairs Planning Assistant Secretary of Defense DYGS00467 Deputy White House DYGS60307 Senior Advisor to the (Internal Communications) Liaison to the White House Liaison Treasurer of the United States DDGS16874 Confidential Assistant to DYGS00468 Public Affairs Specialist DYGS60351 Senior Advisor to the the Assistant Secretary of Defense to the Director, Public Affairs Assistant Secretary (Public Affairs) (Reserve Affairs) DYGS00471 Public and Legislative and Director of Policy Planning DDGS16888 Staff Assistant to the Affairs Manager to the Director DYGS60381 Special Assistant to the Deputy Assistant Secretary of Defense Community Development Financial Assistant Secretary (Deputy Under (Eurasia) DDGS16890 Special Assistant, DUSD Institutions Secretary) for Legislative Affairs (Budget and Appropriations Affairs) DYGS00473 Director of Protocol to the DYGS60391 Deputy Scheduler to the to the Deputy Under Secretary of Assistant Secretary (Management) and Chief of Staff Chief Financial Officer Defense (Resource Planning/ DYGS60395 Deputy Executive DYGS00474 Scheduler to the Chief of Management) Secretary to the Executive Secretary Staff DDGS16908 Civilian Executive DYGS00476 Director of Operations to DYGS60396 Senior Advisor to the Assistant to the Special Assistant to the Chief of Staff Deputy Assistant Secretary for the Secretary of Defense for White DYGS00478 Senior Writer to the Business Affairs and Public Liaison House Liaison Treasurer of the United States DYGS60401 Special Assistant for DDGS16909 Staff Assistant to the DYGS00479 Speechwriter to the Advance to the Director of Scheduling Special Assistant to the Secretary of Senior Speechwriter DYGS60404 Senior Advisor to the Defense for White House Liaison DYGS00480 Policy Advisor to the Assistant Secretary (Financial DDGS16913 Defense Fellow to the Assistant Secretary (Public Affairs) Institutions) Special Assistant to the Secretary of and Director of Policy Planning DYGS60414 Executive Assistant to Defense for White House Liaison DYGS00481 Senior Counselor to the the Deputy Secretary of the Treasury DDGS16914 Personal and Confidential Assistant Secretary (Terrorist DYGS60421 Special Assistant to the Assistant to the Deputy Secretary of Financing) Deputy Assistant Secretary for Defense DYGS00482 Deputy Executive Legislative Affairs DDGS16915 Special Assistant to the Secretary to the Executive Secretary Principal Deputy Assistant Secretary Section 213.3306 Department of DYGS00483 Senior Advisor to the of Defense (Legal Affairs) Assistant Secretary (Terrorist Defense DDGS16917 Confidential Assistant to Financing) DDGS00673 Staff Assistant to the the Director of Defense Research and DYGS00484 Executive Secretary Deputy Under Secretary of Defense Engineering Officer to the Executive Secretary (Near East/South Asian Affairs) DDGS16918 Staff Assistant to the DYGS00485 Executive Secretary DDGS00682 Staff Assistant to the Deputy Assistant Secretary of Defense Officer to the Executive Secretary Deputy Assistant Secretary of Defense (Negotiations Policy) DYGS00486 Special Assistant for (Asia and Pacific) DDGS16920 Staff Assistant to the Advance to the Director of Scheduling DDGS00714 Special Assistant to the Deputy Assistant Secretary of Defense DYGS00487 Deputy Executive Under Secretary of Defense (Policy) (Negotiations Policy) Secretary to the Executive Secretary DDGS00771 Staff Assistant to the DDGS16929 Assistant for Research, DYGS00488 Executive Assistant to the Principal Deputy Assistant Secretary Analysis and Special Projects to the Special Envoy for China and the of Defense (International Security Special Assistant to the Secretary and Strategic Economic Dialogue Affairs) Deputy Secretary of Defense DYGS00489 Operations Coordinator to DDGS00779 Staff Assistant to the DDGS16933 Special Assistant to the the Director of Operations Principal Deputy Assistant Secretary Deputy Under Secretary of Defense DYGS00490 Special Advisor to the of Defense (International Security (Acquisition and Technology) Special Envoy for China and the DDGS16940 Research Assistant to the Affairs) Strategic Economic Dialogue Speechwriter DYGS00491 Senior Advisor to the DDGS16660 Director of Assessments DDGS16941 Special Assistant to the Assistant Secretary (Deputy Under to the Deputy Under Secretary of Principal Deputy Assistant Secretary Secretary) International Affairs Defense (International Technology of Defense (Legal Affairs) DYGS00492 Special Advisor Security) DDGS16942 Staff Assistant to the (Legislative Affairs) to the Assistant DDGS16692 Confidential Assistant to Deputy Assistant Secretary of Defense Secretary (Deputy Under Secretary) the Secretary of Defense (Negotiations Policy) for Legislative Affairs DDGS16709 Defense Fellow to the DDGS16948 Special Assistant to the DYGS00493 Executive Secretary Special Assistant to the Secretary of Principal Deputy Under Secretary of Officer to the Executive Secretary Defense for White House Liaison Defense (Comptroller) DYGS00494 Special Assistant to the DDGS16796 Staff Assistant to the DDGS16949 Defense Fellow to the Director of the Mint Deputy Assistant Secretary of Defense Special Assistant to the Secretary of DYGS00495 Associate Director of (Forces Policy) Defense for White House Liaison Operations for Advance to the DDGS16811 Special Assistant to the DDGS16958 Confidential Assistant to Director of Operations Director, Small Business Programs the Principal Deputy Assistant DYGS00496 Special Advisor for DDGS16823 Public Affairs Specialist Secretary of Defense for Public Affairs Business Affairs and Public Liaison to to the Deputy Assistant Secretary of DDGS16959 Special Assistant to the the Deputy Assistant Secretary for Defense (Strategic Communications Principal Deputy Assistant Secretary Business Affairs and Public Liaison Planning) of Defense (Legal Affairs)

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DDGS16962 Speechwriter to the DDGS17001 Speechwriter to the DDGS17031 Special Assistant to the Principal Deputy Assistant Secretary Assistant Secretary of Defense Public Deputy Under Secretary of Defense of Defense for Public Affairs Affairs (Asian and Pacific Security Affairs) DDGS16963 Protocol Specialist to the DDGS17002 Confidential Assistant to DDGS17032 Special Assistant to the Special Assistant to the Secretary of the Under Secretary of Defense Assistant Secretary of Defense Defense for Protocol Personnel and Readiness to the Under (Legislative Affairs) DDGS16965 Defense Fellow to the Secretary of Defense (Personnel and DDGS17033 New Media Development Special Assistant to the Secretary of Readiness) Account Assistant to the Assistant Defense for White House Liaison DDGS17004 Speechwriter to the Secretary of Defense Public Affairs DDGS16970 Special Assistant to the Principal Deputy Assistant Secretary DDGS17034 Administrative Assistant Principal Deputy Assistant Secretary of Defense for Public Affairs to the Director, Department of Defense of Defense (Legal Affairs) DDGS17008 Special Events Office of Legislative Counsel DDGS16971 Staff Assistant to the Coordinator to the Assistant Secretary DDGS17035 Staff Assistant to the Deputy Assistant Secretary of Defense of Defense Public Affairs Deputy Assistant Secretary of Defense (Detainee Affairs) DDGS17010 Public Affairs Specialist (Near East and South Asian Affairs) DDGS16972 Staff Assistant to the to the Assistant Secretary of Defense DDGS17036 Public Affairs Specialist Assistant Secretary of Defense Public Affairs to the Assistant Secretary of Defense (Special Operations/Low Intensity DDGS17012 Public Affairs Specialist Public Affairs Conflict and Interdependent to the Assistant Secretary of Defense DDGS17038 Special Assistant to the Capabilities) Public Affairs Assistant Secretary of Defense DDGS16979 Personal and Confidential DDGS17013 Public Affairs Specialist (Legislative Affairs) Assistant to the General Counsel to the Assistant Secretary of Defense DDGS17039 Confidential Assistant to DDGS16980 Personal and Confidential Public Affairs the Secretary of Defense Assistant to the Assistant Secretary of DDGS17015 Staff Assistant to the DDGS17040 Defense Fellow to the Defense (International Secretary Deputy Assistant Secretary of Defense Special Assistant to the Secretary of Policy) (Detainee Affairs) Defense for White House Liaison DDGS16982 Staff Specialist to the DDGS17016 Defense Fellow to the DDGS17041 Special Assistant to the Deputy Assistant Secretary of Defense Special Assistant to the Secretary of Assistant Secretary of Defense for Strategy, Plans and Resources Defense for White House Liaison (Legislative Affairs) DDGS17043 Special Assistant to the DDGS16983 Defense Fellow to the DDGS17017 Defense Fellow to the Under Secretary of Defense Special Assistant to the Secretary of Special Assistant to the Secretary of (Comptroller) Defense for White House Liaison Defense for White House Liaison DDGS17044 Special Assistant to the DDGS16984 Defense Fellow to the DDGS17019 Defense Fellow to the Under Secretary of Defense Special Assistant to the Secretary of Special Assistant to the Secretary of (Comptroller) Defense for White House Liaison Defense for White House Liaison DDGS17046 Public Affairs Analyst to DDGS16985 Speechwriter to the DDGS17021 Public Affairs Analyst to the Assistant Secretary of Defense Principal Deputy Assistant Secretary the Assistant Secretary of Defense Public Affairs of Defense for Public Affairs Public Affairs DDGS17047 Special Assistant to the DDGS16987 Public Affairs Specialist DDGS17022 Public Affairs Specialist Assistant Secretary of Defense to the Principal Deputy Assistant to the Assistant Secretary of Defense (Legislative Affairs) Secretary of Defense for Public Affairs Public Affairs DDGS17048 Staff Assistant to the DDGS16988 Executive Assistant to the DDGS17023 Public Affairs Specialist Principal Deputy Under Secretary of Director, Operational Test and to the Assistant Secretary of Defense Defense for Policy Evaluation Public Affairs DDGS17049 Confidential Assistant to DDGS16991 Confidential Assistant to DDGS17024 Public Affairs Specialist the Deputy Under Secretary of the Under Secretary of Defense to the Assistant Secretary of Defense Defense (Acquisition and Technology) (Comptroller) Public Affairs DDGS60033 Personal Secretary to the DDGS16993 Deputy, White House DDGS17025 Staff Specialist to the Deputy Secretary of Defense Liaison Office to the Special Assistant Under Secretary of Defense DDGS60312 Director, Cooperative to the Secretary of Defense for White (Acquisition, Technology, and Threat Reduction to the Assistant House Liaison Logistics) Secretary of Defense (International DDGS16995 Special Assistant to the DDGS17026 Special Assistant to the Secretary Policy) Under Secretary of Defense Assistant Secretary of Defense DDGS60314 Coordinator of Reserve (Acquisition, Technology, and (Legislative Affairs) Integration to the Principal Deputy Logistics) DDGS17027 Special Assistant to the Assistant Secretary of Defense DDGS16996 Special Assistant to the Assistant Secretary of Defense (Reserve Affairs) Principal Deputy Assistant Secretary (Legislative Affairs) DDGS60319 Confidential Assistant to of Defense (Legal Affairs) DDGS17028 Staff Assistant to the the Deputy Secretary of Defense DDGS16998 Staff Assistant to the Special Assistant to the Secretary of DDGS60368 Personal and Confidential Special Assistant to the Secretary of Defense for White House Liaison Assistant to the Assistant Secretary of Defense for White House Liaison DDGS17029 Administrative Assistant Defense (Legislative Affairs) DDGS16999 Personal and Confidential to the Special Assistant to the DDGS60369 Executive Assistant to the Assistant to the Assistant Secretary of Secretary of Defense for White House Director of Force Transformation Defense (International Security Liaison DDGS60454 Special Assistant to the Affairs) DDGS17030 Staff Assistant to the Director of Net Assessment DDGS17000 Special Assistant to the Deputy Assistant Secretary of Defense DDGS60475 Staff Assistant to the Deputy Under Secretary of Defense (North Atlantic Treaty Organization Deputy Assistant Secretary of Defense (International Technology Security) and Europe) (Forces Policy)

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DDGS60520 Special Assistant to the DNGS07152 Confidential Assistant to DJGS00067 Chief of Staff to the Deputy Assistant Secretary 0f Defense the Assistant Secretary of the Navy Assistant Attorney General, Office of (Prisoners of War/Military Police) (Research Development and Justice Programs Director, Prisoners of War Missing Acquisition) DJGS00076 Public Affairs Specialist to Persons Office DNGS07166 Residence Manager and the United States Attorney, Texas, Social Secretary to the Vice President Western District Section 213.3307 Department of the to the Secretary of the Navy DJGS00085 Speech Writer to the Army DNGS07194 Attorney Advisor Director, Office of Public Affairs DWGS00065 Special Assistant to the (General) to the General Counsel DJGS00105 Counsel to the Special Deputy Assistant Secretary of the DNGS07259 Special Assistant to the Counsel Army for Privatization and Secretary of the Navy DJGS00108 Special Assistant to the Partnerships (I and E) DNGS60074 Confidential Staff Director DWGS00077 Confidential Assistant to Assistant to the Deputy Assistant DJGS00110 Senior Counsel to the the Assistant Secretary of the Army Secretary of the Navy (Financial Director, Office of Public Affairs (Civil Works) Management and Comptroller) DJGS00114 Special Assistant to the DWGS60002 Special Assistant to the Section 213.3309 Department of the Attorney General Secretary of the Army Air Force DJGS00117 Deputy Director, Office of DWGS60016 Confidential Assistant to Faith-Based and Community the Secretary of the Army DFGS00003 Secretary to the Principal Initiatives to the Director, Office of DWGS60019 Business Transformation Deputy Assistant Secretary (Financial Faith-Based and Community Initiatives Analyst to the Special Management) Initiatives Assistant to the Secretary of Army for DFGS01060 Special Assistant to the DJGS00118 Special Assistant to the Business Transformation Initiatives Principal Deputy Assistant Secretary Director DWGS60021 Special Assistant to the (Financial Management) DJGS00121 Senior Counsel to the Assistant Secretary of Army DFGS07001 Special Assistant to the Assistant Attorney General (Installations and Environment) Assistant Secretary of the Air Force DJGS00124 Senior Counsel to the DWGS60022 Personal and (Acquisition) for Industrial Relations Director, Office of Public Affairs Confidential Assistant to the DFGS08001 Special Assistant to the DJGS00125 Special Assistant to the Executive Director, Strategy and Deputy Assistant Secretary (Force Assistant Attorney General Performance Planning Management Integration) DJGS00127 Chief of Staff and Counsel DWGS60024 Personal and DFGS60011 Personal and Confidential to the Assistant Attorney General Confidential Assistant to the Under Assistant to the General Counsel DJGS00130 Counsel to the Assistant DFGS60013 Special Counsel and Secretary of the Army Attorney General Special Assistant to the General DWGS60028 Personal and DJGS00145 Executive Assistant to the Counsel Confidential Assistant to the Assistant Solicitor General DFGS60019 Special Assistant to the Secretary of the Army (Installations DJGS00155 Speechwriter to the Assistant Secretary (Installations, and Environment) Director, Office of Public Affairs Environment and Logistics) DJGS00162 Counsel to the Assistant DWGS60029 Special Assistant to the DFGS60046 Budget Analyst to the Attorney General Army General Counsel Assistant Secretary (Financial DWGS60030 Confidential Assistant to DJGS00177 Counsel to the Associate Management and Comptroller) the Deputy Under Secretary of the Attorney General Army Section 213.3310 Department of DJGS00183 Counsel to the Counselor DWGS60031 Personal and Justice and Chief of Staff Confidential Assistant to the General DJGS00027 Counselor to the Assistant DJGS00185 Senior Counsel to the Counsel Attorney General Environment and Deputy Attorney General DWGS60032 Special Assistant to the Natural Resources DJGS00187 Counsel to the Assistant Deputy Assistant Secretary of the DJGS00028 Director of Congressional Attorney General Civil Division Army (Environment, Safety and Affairs to the Administrator, Drug DJGS00201 Counselor to the Assistant Occupational Health) to the General Enforcement Administration Attorney General Criminal Division Counsel DJGS00033 Counsel to the Assistant DJGS00202 Counsel to the Assistant DWGS60033 Special Assistant to the Attorney General Attorney General Criminal Division Army General Counsel DJGS00039 Special Assistant to the DJGS00203 Counsel to the Assistant DWGS60076 Special Assistant to the Chairman Attorney General Criminal Division Assistant Secretary of the Army (Civil DJGS00043 Confidential Assistant to DJGS00221 Chief of Staff to the Works) the Assistant Attorney General Assistant Attorney General, Office of (Legislative Affairs) Justice Programs Section 213.3308 Department of the DJGS00226 Senior Advisor to the Navy DJGS00048 Congressional Liaison Specialist to the Administrator, Drug Director of Justice Assistance to the DNGS06113 Staff Assistant to the Enforcement Administration Director, Bureau of Justice Assistance Secretary of the Navy DJGS00054 Counsel to the Assistant DJGS00228 Counsel to the Chief of DNGS06413 Confidential Assistant to Attorney General (Legal Policy) Staff the Assistant Secretary of Navy DJGS00062 Chief of Staff to the DJGS00231 Counsel to the Associate (Installations and Environment) Administrator of Juvenile Justice and Attorney General DNGS06414 Staff Assistant to the Delinquency Prevention DJGS00237 Press Assistant to the Under Secretary of the Navy DJGS00064 Principal Deputy Director Director, Office of Public Affairs DNGS07110 Confidential Assistant to to the Associate Attorney General DJGS00238 Press Assistant to the the Deputy Assistant Secretary of the DJGS00066 Special Assistant to the Director, Office of Public Affairs Navy (Littoral and Mine Warfare Assistant Attorney General for DJGS00244 Confidential Assistant to Systems) Administration the Assistant Attorney General

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DJGS00246 Counsel to the Assistant DJGS60267 Counsel to the Assistant DMGS00437 Advisor to the Director to Attorney General Environment and Attorney General the Chief of Staff for Citizenship and Natural Resources DJGS60277 Director of Scheduling and Immigration Services DJGS00252 Director of Advance to the Advance to the Attorney General DMGS00446 Senior Advisor for Civil Attorney General DJGS60418 Secretary (Office Rights and Civil Liberties to the DJGS00262 Special Counsel on Voting Automation) to the United States Officer of Civil Rights and Civil Matters to the Assistant Attorney Attorney, Nebraska Liberties General DJGS60420 Secretary (Office DMGS00449 Director of Legislative DJGS00279 Deputy Director to the Automation) to the United States Affairs, Federal Emergency Director Attorney, Pennsylvania, Eastern Management Agency to the Under DJGS00292 Deputy Privacy and Civil District Secretary for Federal Emergency Liberties Officer to the Counselor and DJGS60423 Secretary (Office Management Chief of Staff Automation) to the United States DMGS00454 Special Advisor for DJGS00295 Special Assistant to the Attorney, New Mexico Refugee and Asylum Affairs to the United States Attorney, Massachusetts DJGS60427 Secretary (Office Assistant Secretary for Policy DJGS00302 Associate Director to the Automation) to the United States DMGS00458 Associate Executive Deputy Director Attorney, New Hampshire Secretary for Internal Coordination to DJGS00307 Associate Director to the DJGS60430 Secretary (Office the Executive Secretary Director, Office of Intergovernmental Automation) to the United States DMGS00459 Assistant Director of and Public Liaison to the Director Attorney, Kansas DJGS00313 Special Assistant to the DJGS60436 Secretary (Office Legislative Affairs for Information Assistant Attorney General (Legal Automation) to the United States Analysis and Operations to the Policy) Attorney, Alabama, Southern District Assistant Secretary for Legislative DJGS00314 Counsel to the Assistant DJGS60437 Secretary (Office Affairs Attorney General Automation) to the United States DMGS00468 Public Liaison Officer to DJGS00325 Staff Assistant to the Attorney, Delaware the Director of Strategic Assistant Attorney General Communications Section 213.3311 Department of (Legislative Affairs) DMGS00479 Chief Technology and DJGS00328 Associate Director to the Homeland Security Process Manager to the Executive Director DMGS00051 Business Analyst to the Secretary DJGS00332 Counsel to the Assistant Special Assistant DMGS00490 Director of Faith-Based Attorney General DMGS00122 Director of Legislative and Community Initiatives to the DJGS00336 Special Assistant to the Affairs for Science and Technology to Under Secretary for National Assistant Attorney General to the the Assistant Secretary for Legislative Protection and Programs Chief of Staff Affairs DMGS00497 Deputy Executive DJGS00338 Special Assistant to the DMGS00151 Business Liaison to the Director, Homeland Security Advisory Assistant Attorney General Special Assistant Committees to the Executive Director DJGS00346 Deputy Director to the DMGS00239 Director of DMGS00500 White House Liaison and Director, Office of Public Affairs Intergovernmental Affairs for Advisor to the Chief of Staff DJGS00364 Senior Press Assistant to Emergency Preparedness and DMGS00503 Director of Strategic the Director, Office of Public Affairs Response to the Disaster Fund Communications to the Assistant DJGS00369 Deputy White House Financial Manager Secretary for Public Affairs Liaison to the White House Liaison DMGS00253 Assistant Director of DMGS00515 Assistant Director of DJGS00370 Confidential Assistant to Legislative Affairs for Secretarial Legislative Affairs for Miscellaneous the Attorney General Offices to the Director of Legislative Offices to the Assistant Secretary for DJGS00374 Staff Assistant to the Affairs for Secretarial Offices Legislative Affairs Director, Office of Public Affairs DMGS00259 Counter Narcotics DMGS00516 Confidential Assistant to DJGS00378 Special Assistant to the Liaison to the Counter Narcotics the Executive Secretary Director, Office of Public Affairs Officer DMGS00532 Advisor to the Director DJGS00386 Deputy Director of DMGS00329 Senior Policy Advisor to for Policy to the Director, Domestic Scheduling to the Director of the Deputy Assistant Secretary for Nuclear Detection Office Scheduling and Advance Mission Integration DJGS00392 Policy Coordinator and DMGS00349 Senior Advisor to the DMGS00537 Deputy Assistant Special Assistant to the Director Assistant Secretary for Infrastructure Secretary for Policy Development to DJGS00398 Media Affairs Specialist to Protection to the Deputy Assistant the Assistant Secretary for Policy the Director, Office of Public Affairs Secretary for Mission Integration DMGS00538 Scheduler and Protocol DJGS00406 Public Affairs Specialist to DMGS00395 Senior Advisor to the Coordinator to the Director of the Director, Office of Public Affairs Chief Medical Officer Scheduling and Advance DJGS00413 Executive Assistant to the DMGS00411 Special Assistant to the DMGS00541 Director/Executive United States Attorney Deputy Assistant Secretary for Secretariat, Private Sector Advisory DJGS00440 Confidential Assistant to Infrastructure Protection Committee to the Executive Director, the Assistant Attorney General Tax DMGS00413 Senior Legislative Policy Homeland Security Advisory Division Advisor to the Deputy Assistant Committees DJGS60023 Special Assistant for Secretary for Border and DMGS00542 Advisor for Intelligence International Protocol to the Director, Transportation Security Policy to the Assistant Secretary, Office of International Affairs DMGS00415 Public Affairs Specialist Immigration and Customs DJGS60173 Secretary (Office to the Assistant Commissioner for Enforcement Automation) to the United States Public Affairs DMGS00543 Advance Representative Attorney, Oklahoma, Northern DMGS00428 Advisor to the Chief of to the Director of Scheduling and District Staff Advance

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DMGS00544 Advance Representative DMGS00586 Counselor to the and Deputy Assistant Secretaries to to the Director of Scheduling and Administrator and Deputy the Assistant Secretary for Legislative Advance Administrator to the Administrator Affairs DMGS00545 Special Assistant to the for Federal Emergency Management DMGS00617 Director of Legislative Executive Director, Homeland Agency Affairs for Policy to the Assistant Security Advisory Committees DMGS00587 Deputy Director of Secretary for Legislative Affairs DMGS00546 Coordinator of State and Scheduling and Advance to the DMGS00619 Director of Legislative Local Affairs to the Chief of Staff Director of Scheduling and Advance Affairs for Border Security and DMGS00549 Special Assistant to the DMGS00589 Senior Advisor to the Immigration to the Assistant Secretary Assistant Secretary for Infrastructure Under Secretary for Science and for Legislative Affairs Protection Technology DMGS00620 Principal Associate DMGS00550 Confidential Assistant to DMGS00591 Correspondence Analyst Director of White House Actions and the Deputy Secretary of the to the Executive Secretary Policy Coordinating Committee Department of Homeland Security DMGS00593 Director of Scheduling Coordinator to the Executive DMGS00551 Confidential Assistant to and Advance to the Chief of Staff Secretary the Chief of Staff DMGS00595 Director of Homeland DMGS00621 Special Assistant to the DMGS00552 Confidential Assistant to Security Council/National Security Chief Intelligence Officer to the the General Counsel Council/White House Actions and Assistant Secretary for Intelligence DMGS00553 Director of Policy and Interagency Coordinator to the and Analysis Plans, Customs and Border Protection Executive Secretary DMGS00622 Associate Director of to the Commissioner, Customs and DMGS00597 Director of Communications and Speechwriter to Border Protection Communications, United States the Director of Communications DMGS00554 Special Assistant to the Citizenship and Immigration Services DMGS00623 Associate Director of Chief of Staff to the Director, Bureau of Citizenship Strategic Communications for DMGS00556 Deputy Chief of Staff to and Immigration Services Outreach to the Director of Strategic the Director of Information Integration DMGS00598 Legislative Assistant to Communications and Special Assistant to the Secretary the Assistant Secretary for Legislative DMGS00624 Component Liaison and DMGS00560 Associate Director of Affairs Correspondence Analyst to the Communications for Intelligence and DMGS00599 Legislative Assistant to Executive Secretary Analysis to the Deputy Assistant the Assistant Secretary for Legislative DMGS00626 Deputy Secretary Briefing Secretary for Public Affairs Affairs Book Coordinator to the Executive DMGS00564 Staff Assistant to the DMGS00600 Confidential Assistant to Secretary White House Liaison to the White the Under Secretary for Protocol and DMGS00627 Counselor to the Director House Liaison and Advisor Advance Briefings to the Under to the Director, Office of Counter DMGS00568 Senior Media Affairs and Secretary for Science and Technology Narcotics Enforcement Communication Specialist to the DMGS00603 International Policy DMGS00628 Director, Homeland Chief of Staff Analyst to the Under Secretary for Security Information Network to the DMGS00570 Confidential Assistant to Science and Technology Deputy Chief of Staff the Director, National Capital Region DMGS00604 Special Assistant to the DMGS00629 Confidential Assistant to Coordination Secretary for Stakeholder Affairs and the General Counsel to the Chief of DMGS00572 Confidential Assistant to Information Integration to the Chief of Staff, Office of General Counsel the Director, Office of Screening Staff DMGS00631 Advisor to the Coordination DMGS00605 Special Assistant for Administrator and Deputy DMGS00573 Deputy Director of Strategic Communications and Public Administrator to the Administrator Secretarial Briefing Book to the Relations to the Under Secretary for for Federal Emergency Management Executive Secretary Science and Technology Agency DMGS00577 Deputy Director of the DMGS00607 Business Liaison to the DMGS00632 Component Liaison and Center for Faith Based and Assistant Secretary for Private Sector Correspondence Analyst to the Community Initiatives to the Director DMGS00608 International Policy Executive Secretary of Faith-Based and Community Analyst to the Under Secretary for DMGS00633 Counselor to the Initiatives Science and Technology Secretary to the Chief of Staff DMGS00578 Business Liaison Director DMGS00609 Associate Director of DMGS00636 Coordinator for Senior to the Assistant Secretary for Private White House Actions and Policy Executive Actions to the Executive Sector Coordinating Committee Coordinator Secretary DMGS00579 Associate Director for to the Executive Secretary DMGS00637 Special Assistant to the Latin American Affairs to the DMGS00610 Public Affairs and Press Chief of Staff, Office of General Assistant Secretary for International Assistant to the Assistant Secretary Counsel Affairs for Public Affairs DMGS00638 Special Assistant and DMGS00580 Associate Director of DMGS00611 Special Assistant to the Travel Aide to the Administrator for Strategic Communications for Policy White House Liaison to the White Federal Emergency Management to the Director of Strategic House Liaison and Advisor Agency Communications DMGS00613 Junior Writer and DMGS00639 Advisor to the Under DMGS00581 Associate Director of Researcher to the Director of Strategic Secretary for Management to the Chief Legislative Affairs to the Assistant Communications Human Capital Officer Secretary for Legislative Affairs DMGS00614 Confidential Assistant to DMGS00640 Director of External DMGS00582 Associate Director of the Chief Medical Officer Affairs and Communications to the Legislative Affairs to the Assistant DMGS00615 Chief of Staff to the Administrator for Federal Emergency Secretary for Legislative Affairs Assistant Secretary for Policy Management Agency DMGS00583 Policy Advisor to the DMGS00616 Senior Legislative DMGS00641 Special Assistant to the Chief of Staff Assistant to the Assistant Secretaries Chief Medical Officer

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DMGS00642 Special Assistant to the DMOT00679 Special Assistant to the DIGS01098 Deputy Press Secretary to Assistant Commissioner, Assistant Secretary, Transportation the Director, Office of Congressional Affairs Security Administration Communications DMGS00643 Supervisory Management DIGS01100 Special Assistant to the Section 213.3312 Department of the and Program Analyst to the Executive Deputy Assistant Secretary—Land Interior Secretary and Minerals Management DMGS00645 Special Assistant to the DIGS01046 Special Assistant— DIGS01102 Special Assistant to the Chief Privacy Officer Advance to the Director—Scheduling Assistant Secretary for Water and DMGS00646 Assistant Press Secretary and Advance Science to the Press Secretary DIGS01053 Chief of Staff to the DIGS01103 Special Assistant to the DMGS00647 Special Assistant to the Assistant Secretary Policy Director, External and Administrator and Deputy Management and Budget Intergovernmental Affairs Administrator for Federal Emergency DIGS01059 Special Assistant— DIGS05001 Special Assistant to the Management Agency Historic Preservation to the Chief of Director Bureau of Land Management DIGS60025 Special Assistant to the DMGS00648 Press Secretary to the Staff DIGS01064 Hispanic Media Outreach Secretary Director of External Affairs and Coordinator to the Director, Office of DIGS60525 Special Assistant to the Communications Communications Assistant Secretary—Land and DMGS00649 Deputy White House DIGS01068 Special Assistant to the Minerals Management Liaison to the White House Liaison Secretary for Alaska to the Senior DIGS61025 Director—Scheduling and and Advisor Adviser to the Secretary for Alaskan Advance to the Chief of Staff DMGS00650 Special Assistant to the Affairs DIGS61027 Special Assistant to the Assistant Secretary, Immigration and DIGS01069 Special Assistant to the Associate Deputy Secretary Customs Enforcement Chief of Staff DIGS61035 Special Assistant to the DMGS00651 Press Assistant to the DIGS01072 Special Assistant— Director to the Director Office of Press Secretary Scheduling and Advance to the Surface Mining Reclamation and DMGS00652 Director, Ready Director—Scheduling and Advance Enforcement Campaign to the Assistant Secretary DIGS01075 Associate Director— DIGS61038 Special Assistant to the for Public Affairs External and Intergovernmental Director Minerals Management DMGS00653 Assistant Director to the Affairs to the Director, External and Service Assistant Secretary for Legislative Intergovernmental Affairs DIGS70011 Special Assistant Affairs DIGS01076 Special Assistant to the (Communication) to the Director, DMGS00654 Associate Director, Ready Deputy Chief of Staff External and Intergovernmental Campaign to the Assistant Secretary DIGS01077 Special Assistant to the Affairs for Public Affairs Solicitor to the Deputy Solicitor DIGS79003 Special Assistant DMGS00655 Coordinator for Local DIGS01078 Counselor to the Assistant (Communication) to the Director, Affairs to the Director, Office of State Secretary—Water and Science External and Intergovernmental and Local Government Coordination DIGS01081 Associate Director to the Affairs Director, Congressional and DMGS00656 Director of Speechwriting Section 213.3313 Department of Legislative Affairs to the Assistant Secretary for Public Agriculture Affairs DIGS01084 Special Assistant to the DMGS00657 Special Assistant to the Director—Scheduling and Advance DAGS00158 Director of Constituent Chief of Staff DIGS01086 Special Assistant Affairs to the Deputy Chief of Staff DMGS00658 Deputy Press Secretary to (Scheduling and Advance) to the DAGS00164 Director of Web Design to the Press Secretary Director—Scheduling and Advance the Deputy Chief of Staff DMGS00663 Director, Transition and DIGS01087 Special Assistant to the DAGS00179 Director of External Transformation to the Director of Senior Adviser to the Secretary for Affairs to the Administrator for Risk Policy and Program Analysis Alaskan Affairs Management DAGS00200 Special Assistant to the DMGS00664 Advance Representative DIGS01088 Confidential Assistant to Secretary to the Director of Scheduling and the Solicitor DIGS01089 Special Assistant to the DAGS00609 Special Assistant to the Advance Deputy Chief of Staff Associate Assistant Secretary for Civil DMGS00668 Program Director to the DIGS01090 Special Assistant Rights Assistant Secretary for (Scheduling and Advance) to the DAGS00611 Director to the Intergovernmental Programs Director—Scheduling and Advance Administrator, Food and Nutrition DMGS00670 Advisor to the Deputy DIGS01091 Special Assistant— Service Administrator, Federal Emergency Scheduling and Advance to the DAGS00717 Special Assistant to the Management Agency Director—Scheduling and Advance Administrator, Food and Nutrition DMGS00673 Special Assistant for DIGS01092 Special Assistant to the Service Faith Based and Community Assistant Secretary for Fish and DAGS00718 Special Assistant to the Initiatives to the Director of Faith- Wildlife and Parks Administrator, Farm Service Agency Based and Community Initiatives DIGS01093 White House Liaison to the DAGS00721 Confidential Assistant to DMGS00674 Special Assistant, Office Chief of Staff the Administrator for Risk of International Affairs to the Chief of DIGS01095 Special Assistant to the Management Staff White House Liaison DAGS00728 Confidential Assistant to DMGS00678 Advisor to the Director DIGS01096 Press Secretary to the the Under Secretary for Rural for Congressional and Director, Office of Communications Development Intergovernmental Affairs to the DIGS01097 Director, Take Pride in DAGS00731 Special Assistant to the Director, Bureau of Citizenship and America to the Director, External and Chief, Natural Resources Conservation Immigration Services Intergovernmental Affairs Service

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DAGS00739 Staff Assistant to the DAGS00852 Special Assistant to the DAGS00885 Confidential Assistant to Administrator for Risk Management Under Secretary for Rural the Administrator, Food and Nutrition DAGS00741 Special Assistant to the Development Service Administrator DAGS00853 Director, Native American DAGS00886 Special Assistant to the DAGS00768 Special Assistant to the Programs to the Assistant Secretary Administrator Administrator for Congressional Relations DAGS00887 Special Assistant to the DAGS00773 Special Assistant to the DAGS00854 Staff Assistant to the Under Secretary for Farm and Foreign Secretary Assistant Secretary for Congressional Agricultural Services DAGS00778 Director of Faith-Based Relations DAGS00889 Senior Counsel to the and Community Initiatives to the DAGS00855 Special Assistant to the General Counsel Secretary Deputy Administrator for Field DAGS00891 Special Assistant to the DAGS00785 Special Assistant to the Operations Assistant Secretary for Congressional Administrator to the Under Secretary DAGS00858 Staff Assistant to the Relations for Marketing and Regulatory Administrator, Farm Service Agency DAGS00892 Confidential Assistant to Programs DAGS00861 Deputy Director, Office of the Chief, Natural Resources DAGS00787 Director of Advance to Faith-Based and Community Conservation Service the Director of Communications Initiatives to the Director of Faith- DAGS00895 Special Assistant to the DAGS00789 Staff Assistant to the Based and Community Initiatives Under Secretary for Rural Secretary DAGS00862 Confidential Assistant to Development DAGS00796 Congressional Liaison to the Assistant Secretary for DAGS00896 Special Assistant to the the Deputy Assistant Secretary Congressional Relations Under Secretary for Rural DAGS00798 Confidential Assistant to DAGS00863 Director of External Development the Administrator, Rural Housing Affairs to the Administrator, Farm DAGS00897 Deputy Director of Service Service Agency Intergovernmental Affairs to the DAGS00801 Confidential Assistant to DAGS00864 Confidential Assistant to Assistant Secretary for Congressional the Secretary the Administrator, Rural Housing Relations DAGS00807 White House Liaison to Service DAGS00899 Staff Assistant to the the Secretary DAGS00867 Associate Administrator Under Secretary for Natural Resources DAGS00809 Special Assistant to the to the Administrator and Environment Deputy Administrator-Program DAGS00868 Confidential Assistant to DAGS00902 Deputy White House Operations the Administrator, Rural Housing DAGS00814 Special Assistant to the Liaison to the Secretary Service Special Assistant to the Chief of Staff, DAGS00904 Director of Legislative DAGS00869 Press Secretary to the Office of the Secretary Affairs to the Administrator, Foreign Director of Communications DAGS00822 Special Assistant to the Agricultural Service DAGS00871 Staff Assistant to the Associate Administrator, Programs DAGS00905 Special Assistant to the DAGS00826 Special Assistant to the Administrator, Farm Service Agency Administrator to the Under Secretary Administrator, Agricultural Marketing DAGS00872 Confidential Assistant to for Marketing and Regulatory Service the Director of Communications Programs DAGS00828 Special Assistant to the DAGS00873 Staff Assistant to the DAGS00906 Press Assistant to the Under Secretary for Rural Assistant Secretary for Administration Director of Communications Development DAGS00874 Director of Speechwriting DAGS00907 Staff Assistant to the DAGS00829 Special Assistant to the to the Director of Communications Administrator Chief Information Officer DAGS00875 Confidential Assistant to DAGS60114 Confidential Assistant to DAGS00830 Special Assistant to the the Assistant Secretary for the Deputy Secretary Administrator Congressional Relations DAGS60116 Confidential Assistant to DAGS00836 Speech Writer to the DAGS00877 Confidential Assistant to the Under Secretary for Rural Director of Communications the Deputy Assistant Secretary Development DAGS00837 Confidential Assistant to DAGS00878 Staff Assistant to the DAGS60129 Special Assistant to the the Under Secretary for Rural Deputy Under Secretary, Research, Administrator for Risk Management Development Education and Economics DAGS60135 Confidential Assistant to DAGS00839 Chief of Staff to the DAGS00879 Confidential Assistant to the Administrator, Foreign Administrator, Rural Housing Service the Deputy Under Secretary for Agricultural Service DAGS00842 Special Assistant to the Marketing and Regulatory Programs DAGS60138 Special Assistant to the Deputy Assistant Secretary for DAGS00880 Confidential Assistant to Administrator Administration the Administrator, Farm Service DAGS60263 Special Assistant to the DAGS00843 Confidential Assistant to Agency Chief, Natural Resources Conservation the Chief Financial Officer DAGS00881 Legislative Analyst to the Service DAGS00846 Deputy Director of Under Secretary for Food Nutrition DAGS60384 Confidential Assistant to Communications to the Director of and Consumer Services the Secretary Communications DAGS00882 Chief of Staff to the Chief, DAGS60436 Confidential Assistant to DAGS00847 Confidential Assistant to Natural Resources Conservation the Administrator the Associate Administrator Service DAGS00850 Special Assistant to the DAGS00883 Special Assistant to the Section 213.3314 Department of Under Secretary for Rural Chief, Natural Resources Conservation Commerce Development Service DCGS00048 Confidential Assistant to DAGS00851 Special Assistant to the DAGS00884 Confidential Assistant to the Deputy Under Secretary and Under Secretary for Research, the Under Secretary for Marketing and Deputy Director of U.S. Patent and Education and Economics Regulatory Programs Trademark Office

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DCGS00074 Director of Public Affairs DCGS00386 Confidential Assistant to DCGS00546 Special Assistant to the to the Deputy Assistant Secretary for the Director, Office of Legislative Deputy Secretary External Affairs and Communication Affairs DCGS00547 Confidential Assistant to DCGS00162 Senior Advisor to the DCGS00389 Senior Advisor to the the Deputy Under Secretary and Assistant to the Secretary and Assistant Secretary for Import Deputy Director of U.S. Patent and Director, Office of Policy and Strategic Administration Trademark Office Planning DCGS00395 Confidential Assistant to DCGS00560 Senior Policy Advisor to DCGS00184 Confidential Assistant to the Director of Global Trade Programs the Assistant to the Secretary and the Assistant Secretary for DCGS00409 Special Assistant to the Director, Office of Policy and Strategic Telecommunications and Information Secretary Planning DCGS00191 Special Assistant to the DCGS00412 Special Assistant to the DCGS00570 Senior Policy Advisor to General Counsel Assistant Secretary for Import the Assistant to the Secretary and DCGS00199 Legislative Affairs Administration Director, Office of Policy and Strategic Specialist to the Assistant Secretary DCGS00425 Director of Public Affairs Planning for Legislative and Intergovernmental to the Under Secretary for DCGS00579 Director for Legislative Affairs International Trade and Intergovernmental Affairs to the DCGS00202 Legislative Affairs DCGS00427 Senior Advisor to the Assistant Secretary for Legislative and Specialist to the Assistant Secretary Assistant Secretary for Export Intergovernmental Affairs for Legislative and Intergovernmental Enforcement DCGS00582 Confidential Assistant to Affairs DCGS00431 Special Assistant to the the Assistant Secretary for Export DCGS00237 Special Assistant to the Assistant Secretary for Export Enforcement Deputy Assistant Secretary for Administration DCGS00587 Confidential Assistant to Industry Analysis DCGS00432 Confidential Assistant to the Assistant Secretary for Legislative DCGS00264 Special Assistant to the the Director of Advance and Intergovernmental Affairs Assistant Secretary for Economic DCGS00433 Senior Policy Advisor to DCGS00590 Confidential Assistant to Development the Chief of Staff for National Oceanic the Director, Executive Secretariat DCGS00288 Confidential Assistant to and Atmospheric Administration DCGS00592 Legislative Affairs the Director, Office of Business DCGS00442 Director of Public Affairs Specialist to the Under Secretary of Liaison to the Assistant Secretary for Commerce for Intellectual Property DCGS00298 Senior Advisor to the Telecommunications and Information and Director of the U.S. Patent and Assistant Secretary for DCGS00447 Confidential Assistant to Trademark Office Telecommunications and Information the Director of Scheduling DCGS00593 Senior Advisor to the DCGS00311 Confidential Assistant to DCGS00457 Confidential Assistant to Coordinator for International the Director Office of White House the Director of Scheduling Intellectual Property Enforcement Liaison DCGS00460 Director of DCGS00608 Confidential Assistant to DCGS00328 Special Assistant to the Intergovernmental Affairs to the the Under Secretary for International Director, Advocacy Center Assistant Secretary for Legislative and Trade DCGS00612 Director of Advisory DCGS00330 Special Assistant to the Intergovernmental Affairs Committees to the Assistant Secretary Director Advocacy Center DCGS00467 Confidential Assistant to for Manufacturing and Services DCGS00339 Confidential Assistant to the Deputy Assistant Secretary for DCGS00614 Special Assistant to the the Assistant Secretary for Legislative Economic Development Executive Director for Trade and Intergovernmental Affairs DCGS00485 Special Assistant to the DCGS00342 Deputy Director to the Promotion and Outreach Director, Office of External Affairs DCGS00620 Director, Office of Director, Office of Liaison to the DCGS00502 Deputy Director of Legislative Affairs to the Under Director Office of White House Advance to the Director of Advance Secretary for International Trade Liaison DCGS00506 Public Affairs Specialist DCGS00623 Public Affairs Specialist DCGS00344 Public Affairs Specialist to to the Director of Public Affairs to the Assistant Secretary for the Director of Public Affairs DCGS00517 Director, Congressional Manufacturing and Services DCGS00351 Confidential Assistant to and Public Affairs to the Under DCGS00628 Confidential Assistant to the Deputy General Counsel Secretary of Commerce for Industry the Director of Speechwriting DCGS00361 Chief of Congressional and Security DCGS00631 Policy Advisor to the Affairs to the Associate Director for DCGS00520 Special Assistant to the Under Secretary Oceans and Communications Executive Director for Trade Atmosphere (Administrator, National DCGS00367 Confidential Assistant to Promotion and Outreach Oceanic and Atmospheric the Director, Office of Legislative DCGS00521 Confidential Assistant to Administration) Affairs the Deputy Assistant Secretary for DCGS00639 Press Secretary to the DCGS00368 Congressional Affairs Domestic Operations Director of Public Affairs Specialist to the Director, Office of DCGS00526 Confidential Assistant to DCGS00642 Protocol Officer to the Legislative Affairs the Director, Advocacy Center Chief of Staff DCGS00380 Confidential Assistant to DCGS00531 Confidential Assistant to DCGS00652 Confidential Assistant to the Chief of Staff to the Under the Deputy Assistant Secretary for the Director of Public Affairs Secretary, International Trade Services DCGS00655 Senior Advisor to the Administration DCGS00534 Confidential Assistant to Deputy Assistant Secretary for DCGS00382 Confidential Assistant to the Deputy Assistant Secretary for Domestic Operations the Coordinator for International Transportation and Machinery DCGS00657 Confidential Assistant to Intellectual Property Enforcement DCGS00540 Confidential Assistant to the Director, Executive Secretariat DCGS00385 Special Assistant to the the Chief of Staff DCGS00658 Confidential Assistant to Associate Under Secretary for DCGS00541 Confidential Assistant to the Director, Office of Legislative Economic Affairs the Director, Advocacy Center Affairs

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DCGS00669 Confidential Assistant to Deputy Director of U.S. Patent and Congressional and Intergovernmental the Assistant Secretary for Market Trademark Office Affairs Access and Compliance DCGS60471 Confidential Assistant to DLGS60025 Senior Legislative Officer DCGS00672 Senior Advisor to the the Chief of Staff to the Deputy to the Assistant Secretary for Deputy Secretary Secretary Congressional and Intergovernmental DCGS00686 Director of Advance to the DCGS60490 Director of Scheduling to Affairs Chief of Staff the Chief of Staff DLGS60045 Staff Assistant to the DCGS00687 Policy Advisor to the DCGS60512 Senior Advisor to the Special Assistant Assistant to the Secretary and Under Secretary of Commerce for DLGS60055 Special Assistant to the Director, Office of Policy and Strategic Industry and Security Assistant Secretary for Public Affairs Planning DCGS60532 Senior Counsel to the DLGS60066 Staff Assistant to the DCGS00696 Deputy Director of Public General Counsel Deputy Assistant Secretary for Federal Affair to the Director of Public Affairs DCGS60536 Speechwriter to the Contract Compliance DCGS06017 Senior Legislative Director for Speechwriting DLGS60076 Special Assistant to the Counsel to the General Counsel DCGS60573 Special Assistant to the Assistant Secretary for Employment DCGS60001 Deputy Director, Office of Assistant Secretary and Director Standards Business Liaison to the Director, General of United States/For DLGS60078 Staff Assistant to the Office of Business Liaison Commercial Services Assistant Secretary for Policy DCGS60004 Deputy Director, DCGS60574 Confidential Assistant to DLGS60084 Special Assistant to the Executive Secretariat to the Director, the Director, Office of Business Associate Deputy Secretary Executive Secretariat Liaison DLGS60086 Senior Advisor to the DCGS60006 Confidential Assistant to DCGS60583 Special Assistant to the Wage and Hour Administrator the Director of Advance Assistant Secretary for Administrator DLGS60092 Senior Attorney Adviser DCGS60072 Director of Congressional and Chief Financial Officer to the Solicitor of Labor DLGS60094 Special Assistant to the Affairs to the Deputy Assistant DCGS60609 Confidential Assistant to Assistant Secretary for Public Affairs Secretary for External Affairs and the Chief of Staff DLGS60096 Chief of Staff to the Communication DCGS60618 Special Assistant to the Deputy Assistant Secretary for Labor- DCGS60136 Special Assistant to the Deputy Under Secretary and Deputy Under Secretary of Commerce for Management Programs Director of U.S. Patent and Trademark DLGS60099 Special Assistant to the Industry and Security Office DCGS60160 Confidential Assistant to Deputy Assistant Secretary for DCGS60651 Public Affairs Specialist the Director, Advocacy Center Employment and Training DCGS60163 Executive Assistant to the to the Director of Public Affairs DLGS60104 Regional Representative to DCGS60664 Special Assistant to the Deputy Secretary to the Deputy the Assistant Secretary for Assistant Secretary and Director Secretary Congressional and Intergovernmental DCGS60205 Policy Advisor to the General of United States/For Affairs Chief of Staff for National Oceanic Commercial Services DLGS60105 Regional Representative to and Atmospheric Administration DCGS60670 Director Office of the Assistant Secretary for DCGS60262 Deputy Director of Business Liaison to the Chief of Staff Congressional and Intergovernmental Advisor Committees to the Director of for National Oceanic and Affairs Advisory Committees Atmospheric Administration DLGS60107 Regional Representative to DCGS60263 Special Assistant to the DCGS60677 Director, Office of Energy, the Assistant Secretary for Executive Director for Trade Environment and Materials to the Congressional and Intergovernmental Promotion and Outreach Deputy Assistant Secretary for Affairs DCGS60272 Confidential Assistant to Manufacturing DLGS60109 Regional Representative to the Assistant Secretary for Market DCGS60681 Speechwriter to the Under the Assistant Secretary for Access and Compliance Secretary of Commerce for Intellectual Congressional and Intergovernmental DCGS60276 Executive Assistant to the Property and Director of the U.S. Affairs Under Secretary for Economic Affairs Patent and Trademark Office DLGS60110 Regional Representative to DCGS60290 Special Assistant to the DCGS60684 Director of Speechwriting the Assistant Secretary for Deputy Assistant Secretary for to the Director of Public Affairs Congressional and Intergovernmental Domestic Operations DCGS60694 Senior Advisor to the Affairs DCGS60302 Director of External Director, Bureau of the Census to the DLGS60111 Regional Representative to Affairs to the Director of Director the Assistant Secretary for Communications Section 213.3315 Department of Labor Congressional and Intergovernmental DCGS60312 Senior Advisor to the Affairs Deputy Assistant Secretary for DLGS60003 Staff Assistant to the DLGS60112 Regional Representative to Domestic Operations Director, 21st Century Office and the Assistant Secretary for DCGS60394 Deputy Director, Office of Deputy Assistant Secretary for Congressional and Intergovernmental Public Affairs to the Director of Public Intergovernmental Affairs Affairs Affairs DLGS60007 Special Assistant to the DLGS60116 Special Assistant to the DCGS60395 Confidential Assistant to Director, 21st Century Office and Chief Financial Officer the Assistant Secretary and Director Deputy Assistant Secretary for DLGS60119 Staff Assistant to the Chief General of United States/For Intergovernmental Affairs of Staff Commercial Services DLGS60015 Legislative Assistant to DLGS60120 Senior Legislative Officer DCGS60396 Legislative Affairs the Assistant Secretary for to the Assistant Secretary for Specialist to the Director, Office of Congressional and Intergovernmental Congressional and Intergovernmental Legislative Affairs Affairs Affairs DCGS60462 Director of Operations to DLGS60017 Senior Legislative Officer DLGS60121 Special Assistant to the the Deputy Under Secretary and to the Assistant Secretary for Deputy Chief of Staff

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DLGS60123 Special Assistant to the DLGS60183 Special Assistant to the DLGS60233 Senior Advisor to the Deputy Assistant Secretary Assistant Secretary for Occupational Assistant Secretary for Employment DLGS60131 Special Assistant to the Safety and Health Standards Assistant Secretary for Employment DLGS60187 Special Assistant to the DLGS60234 Chief of Staff to the and Training Assistant Secretary for Employment Assistant Secretary for Policy DLGS60132 Special Assistant to the and Training DLGS60235 Legislative Assistant to Chief of Staff DLGS60189 Special Assistant to the the Assistant Secretary for DLGS60133 Chief of Staff to the Chief Financial Officer Congressional and Intergovernmental Director of the Women’s Bureau DLGS60190 Senior Legislative Officer Affairs DLGS60135 Special Assistant to the to the Assistant Secretary for DLGS60236 Legislative Officer to the Director, 21st Century Office and Congressional and Intergovernmental Assistant Secretary for Congressional Deputy Assistant Secretary for Affairs and Intergovernmental Affairs Intergovernmental Affairs DLGS60192 Chief of Staff to the DLGS60237 Special Assistant to the DLGS60138 Chief of Staff to the Assistant Secretary for Employee Secretary of Labor DLGS60238 Legislative Assistant to Assistant Secretary for Mine Safety Benefits Security DLGS60195 Special Assistant to the the Assistant Secretary for and Health Assistant Secretary for Employment Congressional and Intergovernmental DLGS60141 Special Assistant to the Standards Affairs Deputy Assistant Secretary for Labor- DLGS60196 Special Assistant to the DLGS60239 Staff Assistant to the Management Programs Assistant Secretary for Veterans Director of Operations DLGS60142 Special Assistant to the Employment and Training DLGS60240 Legislative Officer to the Chief of Staff DLGS60199 Special Assistant to the Assistant Secretary for Congressional DLGS60144 Staff Assistant to the Assistant Secretary for Public Affairs and Intergovernmental Affairs Director, 21st Century Office and DLGS60201 Special Assistant to the DLGS60244 Special Assistant to the Deputy Assistant Secretary for Secretary of Labor Executive Assistant to the Secretary Intergovernmental Affairs DLGS60203 Special Assistant to the DLGS60245 Staff Assistant to the DLGS60145 Intergovernmental Officer Assistant Secretary for Veterans Executive Assistant to the Secretary to the Assistant Secretary for Employment and Training DLGS60247 Legislative Assistant to Congressional and Intergovernmental DLGS60205 Deputy Director, 21st the Assistant Secretary for Affairs Century Workforce to the Director, Congressional and Intergovernmental DLGS60146 Attorney Advisor to the 21st Century Workforce Affairs Solicitor of Labor DLGS60209 Chief of Staff to the DLGS60248 Special Assistant to the DLGS60147 Attorney Adviser to the Assistant Secretary for Veterans Director of Public Liaison Solicitor of Labor Employment and Training DLGS60250 Deputy Director of DLGS60153 Special Assistant to the DLGS60211 Special Assistant to the Scheduling to the Director of Deputy Under Secretary for Director of Scheduling Scheduling International Affairs DLGS60212 Special Assistant to the DLGS60251 Director of Scheduling to DLGS60160 Speechwriter to the Director, Office of Faith Based and the Chief of Staff Assistant Secretary for Public Affairs Community Initiatives DLGS60252 Special Assistant to the DLGS60168 Senior Intergovernmental DLGS60214 Staff Assistant to the Director, 21st Century Office and Affairs Officer to the Assistant Director, Office of Faith Based and Deputy Assistant Secretary for Secretary for Congressional and Community Initiatives Intergovernmental Affairs Intergovernmental Affairs DLGS60215 Special Assistant to the DLGS60255 Special Assistant to the DLGS60169 Deputy Director, Assistant Secretary for Occupational Executive Assistant to the Secretary Executive Secretariat to the Executive Safety and Health DLGS60256 Special Assistant to the Secretary DLGS60218 Special Assistant to the Deputy Assistant Secretary for Labor- DLGS60170 Special Assistant to the Assistant Secretary for Public Affairs Management Programs Secretary of Labor DLGS60220 Special Assistant to the DLGS60257 Intergovernmental DLGS60172 Special Assistant to the Assistant Secretary for Public Affairs Assistant to the Assistant Secretary DLGS60222 Special Assistant to the Associate Deputy Secretary for Congressional and Assistant Secretary for Disability DLGS60174 Special Assistant to the Intergovernmental Affairs Employment Policy DLGS60260 Staff Assistant to the Director of Operations DLGS60225 Special Assistant to the Deputy Chief of Staff DLGS60175 Senior Advisor to the Assistant Secretary for Public Affairs DLGS60261 Special Assistant to the Deputy Assistant Secretary for Policy DLGS60226 Special Assistant to the Deputy Assistant Secretary for Mine DLGS60176 Special Assistant to the Assistant Secretary for Employee Safety and Health Associate Deputy Secretary Benefits Security DLGS60262 Special Assistant to the DLGS60178 Staff Assistant to the DLGS60228 Chief of Staff to the Assistant Secretary for Employment Executive Secretary Assistant Secretary for Occupational Standards DLGS60179 Senior Advisor to the Safety and Health DLGS60264 Chief of Staff to the Wage Assistant Secretary for Employment DLGS60229 Chief of Staff to the and Hour Administrator Standards Assistant Secretary for Disability DLGS60267 Special Assistant to the DLGS60180 Senior Legislative Officer Employment Policy Assistant Secretary for Public Affairs to the Assistant Secretary for DLGS60230 Staff Assistant to the DLGS60269 Special Assistant to the Congressional and Intergovernmental Associate Deputy Secretary Director of Scheduling Affairs DLGS60231 Staff Assistant to the DLGS60270 Special Assistant to the DLGS60181 Special Assistant to the Director of Scheduling Assistant Secretary for Employment Assistant Secretary for Public Affairs DLGS60232 Special Assistant to the and Training DLGS60182 Staff Assistant to the Assistant Secretary for Administration DLGS60272 Special Assistant to the White House Liaison and Management Director, 21st Century Office and

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Deputy Assistant Secretary for DHGS60033 Special Assistant to the DHGS60237 Regional Director, New Intergovernmental Affairs Assistant Secretary for Administration York, Region II to the Director of DLGS60273 Special Assistant to the and Management Intergovernmental Affairs Chief Information Officer to the DHGS60035 Confidential Assistant to DHGS60238 Regional Director, Boston, Assistant Secretary for Administration the Administrator to the Massachusetts, Region I to the and Management Administrator Centers for Medicare Director of Intergovernmental Affairs DLGS60277 Special Assistant to the and Medicaid Services DHGS60240 Regional Director, Dallas, Assistant Secretary for Administration DHGS60036 Confidential Assistant to Texas, Region VI to the Director of and Management the Director to the Director of Intergovernmental Affairs DLGS60278 Staff Assistant to the Chief Intergovernmental Affairs DHGS60243 Regional Director, Financial Officer DHGS60037 Director, Trafficking Atlanta, Georgia, Region IV to the Program to the Director Office of Section 213.3316 Department of Director of Intergovernmental Affairs Refugee Resettlement Health and Human Services DHGS60244 Regional Director, Seattle, DHGS60038 Special Assistant to the Washington, Region X to the Director DHGS00268 Special Assistant to the Senior Advisor to the Assistant of Intergovernmental Affairs Executive Secretary to the Department Secretary for Health DHGS60247 Regional Director DHGS00269 Chief Acquisitions Officer DHGS60040 Special Assistant to the Philadelphia Region III to the Director to the Assistant Secretary for Chief of Staff of Intergovernmental Affairs Administration and Management DHGS60041 Special Assistant to the DHGS60252 Regional Director, DHGS60005 Confidential Assistant to Deputy Commissioner for Policy Denver, Colorado, Region VIII to the the Assistant Secretary for Aging DHGS60043 Deputy Assistant Director of Intergovernmental Affairs (Commissioner for Aging) Secretary for Planning and Evaluation DHGS60255 Regional Director, DHGS60006 Confidential Assistant to Human Services Policy to the Chicago, Illinois-Region V to the the Assistant Secretary for Public Assistant Secretary for Planning and Director of Intergovernmental Affairs Affairs Evaluation DHGS60256 Confidential Assistant to DHGS60007 Special Assistant to the DHGS60044 Special Assistant to the the Director of Intergovernmental Associate Commissioner for External Assistant Secretary for Legislation Affairs Relations DHGS60045 Associate Director DHGS60293 Special Assistant to the DHGS60008 Senior Advisor to the Temporary Assistance for Needy Commissioner Administration for Assistant Secretary for Children and Families to the Director, Office of Children Youth and Families Families Family Assistance DHGS60336 Confidential Assistant to DHGS60009 Special Assistant to the DHGS60046 Senior Speech Writer to the Deputy Assistant Secretary for Assistant Secretary for Preparedness the Assistant Secretary for Public Legislation (Human Services) and Response to the Assistant Affairs DHGS60345 Director of Public Affairs Secretary for Public Health DHGS60048 Special Assistant to the to the Assistant Secretary for Children Emergency Preparedness Deputy Assistant Secretary for Public and Families DHGS60010 Confidential Assistant Affairs (Media) DHGS60347 Congressional Liaison (Faith-Based) to the Director, Center DHGS60050 Confidential Assistant to Specialist to the Deputy Assistant for Faith Based and Community the Associate Commissioner Head Secretary for Legislation Initiatives Start Bureau DHGS60014 Director (Office of DHGS60053 Confidential Assistant to (Congressional Liaison) DHGS60363 Director, Congressional Document and Regulations the Principal Deputy Assistant Liaison Office to the Assistant Management) to the Executive Secretary for Planning and Evaluation Secretary for Legislation Secretary to the Department DHGS60056 Special Assistant to the DHGS60015 Deputy Director, Center Director Office of Refugee DHGS60374 Confidential Assistant to for Faith Based and Community Resettlement the Executive Secretary to the Initiatives to the Director, Center for DHGS60057 Special Assistant to the Department DHGS60399 Special Assistant to the Faith Based and Community Director Office of Refugee Assistant Secretary for Children and Initiatives Resettlement DHGS60017 Director of Scheduling to DHGS60058 Confidential Assistant to Families the Chief of Staff the Director, Congressional Liaison DHGS60412 Regional Director, San DHGS60018 Deputy Director for Office Francisco, California, Region IX to the Advance to the Director of Scheduling DHGS60060 Special Assistant to the Director of Intergovernmental Affairs DHGS60021 Special Assistant to the Deputy for Policy and External Affairs DHGS60417 Regional Director, Kansas Director, Office of Community DHGS60127 Confidential Assistant to City, Missouri, Region VII to the Services the Administrator Centers for Director of Intergovernmental Affairs DHGS60023 Special Assistant to the Medicare and Medicaid Services DHGS60418 Confidential Assistant to Director, Center for Disease Control DHGS60133 Special Assistant to the the Deputy Assistant Secretary for and Prevention Administration Assistant Secretary for Budget, Public Affairs (Policy and Strategy) DHGS60027 Deputy Director for Technology and Finance to the DHGS60427 Executive Director, Scheduling to the Director of Assistant Secretary for Budget President’s Committee for People with Scheduling Technology and Finance Intellectual Disabilities to the DHGS60028 Special Assistant to the DHGS60168 Confidential Assistant to Assistant Secretary for Children and Chief of Staff the Deputy Assistant Secretary for Families DHGS60029 Special Assistant to the Legislation (Planning and Budget) DHGS60436 Associate Commissioner Assistant Secretary for Public Affairs DHGS60169 Special Assistant to the to the Assistant Secretary for Children DHGS60030 Special Assistant to the Assistant Secretary for Public Affairs and Families General Counsel DHGS60180 Special Assistant to the DHGS60485 Director of DHGS60032 Special Assistant to the Principal Deputy Assistant Secretary Communications to the Assistant Deputy Commissioner for Policy for Planning and Evaluation Secretary, Health

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DHGS60513 Special Assistant to the DBGS00299 Special Assistant to the DBGS00453 Secretary’s Regional Commissioner for Child Support Assistant Secretary for Elementary Representative, Region 8 to the Enforcement to the Director of Public and Secondary Education Director, Regional Services Affairs DBGS00303 Director, White House DBGS00454 Deputy Secretary’s DHGS60519 Speechwriter to the Initiative on Hispanic Education to Regional Representative, Region 8 to Deputy Assistant Secretary for Public the Chief of Staff the Director, Regional Services Affairs (Policy and Strategy) DBGS00306 Deputy Assistant DBGS00455 Deputy Secretary’s DHGS60523 Executive Director, Secretary to the Assistant Secretary Regional Representative—Region X to President’s Council on Physical for Legislation and Congressional the Director, Regional Services Fitness and Sports to the Assistant Affairs DBGS00457 Confidential Assistant to Secretary, Health DBGS00344 Special Assistant to the the Assistant Secretary, Office of DHGS60526 Confidential Assistant to Deputy Assistant Secretary Communications and Outreach the Deputy Secretary to the Deputy DBGS00355 Confidential Assistant to DBGS00462 Special Assistant to the Secretary, Health and Human Services the Chief of Staff to the Deputy Assistant Secretary, Office of DHGS60527 Confidential Assistant Secretary Communications and Outreach DBGS00463 Deputy Assistant (Scheduling) to the Director of DBGS00359 Special Assistant to the Secretary to the Assistant Secretary Scheduling Assistant Secretary for Civil Rights DHGS60546 Special Assistant to the for Legislation and Congressional DBGS00375 Confidential Assistant to Executive Secretary to the Executive Affairs the Assistant Secretary for Special Secretary to the Department DBGS00464 Special Assistant to the DHGS60570 Confidential Assistant Education and Rehabilitative Services Chief of Staff (Advance) to the Deputy Director for DBGS00376 Director, Scheduling and DBGS00466 Confidential Assistant to Advance Advance Staff to the Chief of Staff the Assistant Secretary, Office of DHGS60627 Confidential Assistant to DBGS00391 Confidential Assistant to Communications and Outreach the Administrator, Substance Abuse the Secretary DBGS00467 Director, Faith-Based and and Mental Health Service DBGS00396 Special Assistant to the Community Initiatives Center to the DHGS60632 Special Outreach Director, Faith-Based and Community Chief of Staff Coordinator to the Deputy Assistant Initiatives Center DBGS00469 Special Assistant to the Secretary for Public Affairs (Policy DBGS00404 Special Assistant to the Chief of Staff and Strategy) Deputy General Counsel for DBGS00474 Deputy Secretary’s DHGS60636 Senior Advisor to the Departmental and Legislative Service Regional Representative, Region 6 to Director, Indian Health Service to the DBGS00405 Special Assistant to the the Director, Regional Services Director, Indian Health Service Assistant Secretary for Special DBGS00476 Special Assistant to the DHGS60675 Special Assistant to the Education and Rehabilitative Services Deputy Assistant Secretary for Media Assistant Secretary for Aging DBGS00411 Special Assistant to the Relations and Strategic (Commissioner for Aging) Chief of Staff Communications DHGS60681 Confidential Assistant to DBGS00413 Special Assistant to the DBGS00477 Deputy Secretary’s the Director of Media Affairs to the Assistant Secretary for Elementary Regional Representative, Region 4 to Director of Media Affairs and Secondary Education the Director, Regional Services DHGS60689 Director of Media Affairs DBGS00423 Secretary’s Regional DBGS00478 Confidential Assistant to to the Director, Office of External Representative to the Director, the Assistant Secretary for Legislation Affairs Regional Services and Congressional Affairs DHGS60698 Special Assistant to the DBGS00424 Secretary’s Regional DBGS00481 Special Assistant to the Director, Office of External Affairs to Representative to the Director, Assistant Secretary for Elementary the Director, Office of External Affairs Regional Services and Secondary Education DBGS00482 Executive Director to the Section 213.3317 Department of DBGS00425 Secretary’s Regional Representative to the Director, Chief of Staff Education DBGS00484 Deputy Assistant Regional Services DBGS00081 Special Assistant to the Secretary to the Assistant Secretary, DBGS00427 Secretary’s Regional Director, Faith-Based and Community Office of Communications and Representative to the Director, Initiatives Center Outreach DBGS00198 Special Assistant to the Regional Services DBGS00487 Deputy Assistant Assistant Secretary for Special DBGS00428 Confidential Assistant to Secretary (Senate) to the Assistant Education and Rehabilitative Services the Director, Regional Services Secretary for Legislation and DBGS00204 Special Assistant to the DBGS00431 Press Secretary to the Congressional Affairs Chief Financial Officer Chief of Staff DBGS00488 Executive Assistant to the DBGS00211 Special Assistant to the DBGS00435 Special Assistant to the Assistant Secretary for Postsecondary Deputy Under Secretary for Safe and Chief of Staff Education Drug-Free Schools DBGS00442 Confidential Assistant to DBGS00495 Confidential Assistant to DBGS00284 Confidential Assistant the Director, Regional Services the Chief of Staff (Protocol) to the Deputy Chief of Staff DBGS00446 Deputy Secretary’s DBGS00499 Director, for Operations Regional Representative to the Intergovernmental Affairs to the DBGS00285 Special Assistant Secretary’s Regional Representative, Deputy Assistant Secretary for (Education Attache to the United Region 3 External Affairs and Outreach States Mission to the United Nations DBGS00451 Secretary’s Regional Services Educational, Scientific and Cultural Representative, Region 5 to the DBGS00500 Confidential Assistant to Organization) to the Secretary Director, Regional Services the Chief of Staff DBGS00290 Special Assistant to the DBGS00452 Secretary’s Regional DBGS00503 Deputy Secretary’s Assistant Secretary for Vocational and Representative, Region 7 to the Regional Representative, Region 1 to Adult Education Director, Regional Services the Director, Regional Services

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DBGS00505 Deputy Secretary’s DBGS00547 Special Assistant to the DBGS00576 Special Assistant to the Regional Representative, Region 6 to Assistant Secretary for Civil Rights Director, Scheduling and Advance the Director, Regional Services DBGS00549 Special Assistant to the Staff DBGS00508 Deputy Director, Office of Assistant Secretary for Special DBGS00577 Special Assistant to the English Language Acquisition to the Education and Rehabilitative Services Assistant Secretary for Legislation and Assistant Deputy Secretary and DBGS00551 Confidential Assistant to Congressional Affairs Director, Office of English Language the Senior Policy Advisor to the DBGS00578 Confidential Assistant to Acquisition Deputy Secretary the Assistant Secretary for Elementary DBGS00509 Executive Director, White DBGS00552 Confidential Assistant to and Secondary Education House Initiative on Historically Black the Assistant Deputy Secretary for DBGS00579 Confidential Assistant to Colleges and Universities to the Chief Safe and Drug-Free Schools the Assistant Secretary for Legislation of Staff DBGS00553 Deputy Secretary’s and Congressional Affairs DBGS00511 Special Assistant to the Regional Representative, Region 9 to DBGS00580 Deputy Assistant Director, International Affairs Office the Assistant Secretary, Office of Secretary for Performance DBGS00512 Special Assistant to the Communications and Outreach Improvement to the Assistant Deputy Assistant Secretary for DBGS00554 Confidential Assistant to Secretary for Management External Affairs and Outreach the Deputy Chief of Staff for Policy DBGS00581 Special Assistant to the Services and Programs Assistant Secretary for Legislation and DBGS00513 Special Assistant to the DBGS00555 Confidential Assistant to Congressional Affairs Assistant Secretary for Planning, the Assistant Secretary for DBGS00582 Confidential Assistant to Evaluation, and Policy Development Management the Assistant Secretary for DBGS00514 Special Assistant to the DBGS00557 Special Assistant to the Postsecondary Education Director, Faith-Based and Community Director, White House Initiative on DBGS00583 Confidential Assistant to Initiatives Center Hispanic Education the Senior Advisor to the Under DBGS00558 Confidential Assistant to DBGS00518 Special Assistant to the Secretary the Assistant Secretary for Elementary Director, Regional Services DBGS00584 Confidential Assistant to DBGS00521 Deputy Chief of Staff for and Secondary Education the Deputy Assistant Secretary for DBGS00559 Special Assistant to the Strategy to the Chief of Staff Media Relations and Strategic Secretary’s Regional Representative, DBGS00523 Director, White House Communications Region 8 DBGS00585 Senior Advisor to the Liaison to the Chief of Staff DBGS00561 Deputy Assistant DBGS00524 Special Assistant to the Deputy Secretary to the Deputy Secretary for Policy and Strategic Chief of Staff to the Deputy Secretary Secretary of Education Initiatives to the Assistant Secretary DBGS00528 Chief of Staff to the DBGS00588 Special Assistant to the for Elementary and Secondary Assistant Deputy Secretary for Assistant Secretary for Legislation and Education Congressional Affairs Innovation and Improvement DBGS00562 Confidential Assistant to DBGS00531 Press Secretary to the DBGS00589 Confidential Assistant to the Deputy Assistant Secretary for the Director, Scheduling and Advance Assistant Secretary, Office of Communications and Outreach Communications and Outreach Staff DBGS00563 Confidential Assistant to DBGS00590 Special Assistant to the DBGS00532 Special Assistant to the the Assistant Secretary for Elementary Assistant Secretary, Office of Director, Office of Educational and Secondary Education Communications and Outreach Technology DBGS00564 Special Assistant to the DBGS00591 Confidential Assistant to DBGS00533 Special Assistant to the Deputy Assistant Secretary for Media the Press Secretary Director, White House Liaison Relations and Strategic DBGS00592 Special Assistant to the DBGS00534 Special Assistant to the Communications Special Assistant to the Assistant Under Secretary DBGS00565 Confidential Assistant to Secretary, Office of Communications DBGS00536 Confidential Assistant to the Director, Office of Educational and Outreach the Deputy Assistant Secretary Technology DBGS00593 Special Assistant to the DBGS00539 Special Assistant to the DBGS00567 Chief of Staff to the Special Assistant to Assistant Senior Counselor to the Secretary Assistant Secretary, Office of Secretary, Office of Communications DBGS00540 Confidential Assistant to Communications and Outreach and Outreach the Director, Scheduling and Advance DBGS00568 Deputy Assistant DBGS00594 Confidential Assistant to Staff Secretary for Policy and State the Press Secretary DBGS00541 Special Assistant to the Technical Assistance to the Assistant DBGS00596 Associate Assistant Assistant Deputy Secretary for Safe Secretary for Elementary and Deputy Secretary to the Assistant and Drug-Free Schools Secondary Education Deputy Secretary DBGS00542 Special Assistant to the DBGS00569 Special Assistant to the DBGS00597 Confidential Assistant to Executive Assistant Assistant Secretary for Elementary the Assistant Deputy Secretary DBGS00543 Confidential Assistant to and Secondary Education DBGS00598 Confidential Assistant to the Assistant Secretary for Legislation DBGS00572 Special Assistant to the the Assistant Secretary for Legislation and Congressional Affairs Assistant Secretary for Vocational and and Congressional Affairs DBGS00544 Confidential Assistant to Adult Education DBGS00599 Special Assistant to the the Press Secretary DBGS00573 Confidential Assistant to Secretary’s Regional Representative DBGS00545 Director, Regional the Deputy Assistant Secretary DBGS00600 Special Assistant to the Services to the Assistant Secretary, DBGS00574 Deputy Assistant General Counsel Office of Communications and Secretary for Community Colleges to DBGS00601 Special Assistant to the Outreach the Assistant Secretary for Vocational Director, Intergovernmental Affairs DBGS00546 Special Assistant to the and Adult Education DBGS00602 Confidential Assistant to Director, Scheduling and Advance DBGS00575 Confidential Assistant to the Assistant Secretary, Office of Staff the Director, White House Liaison Communications and Outreach

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DBGS00604 Deputy Director, Office of EPGS05031 Program Specialist to the EPGS07007 Audio Visual Producer to International Affairs to the Director, Assistant Administrator for the Deputy Chief of Staff (Operations) International Affairs Office Administration and Resources EPGS07009 Special Assistant to the DBGS00605 Deputy Secretary’s Management Regional Administrator to the Regional Representative to the EPGS05034 Program Advisor to the Regional Administrator Director, Regional Services Associate Administrator for EPGS07010 Press Secretary to the DBGS00606 Secretary’s Regional Congressional and Intergovernmental Associate Administrator for Public Representative, Region 3 to the Relations Affairs Director, Regional Services EPGS05036 Program Advisor Office of EPGS07011 Associate Assistant DBGS00607 Confidential Assistant to Public Affairs to the Deputy Chief of Administrator/White House Liaison to the Assistant Secretary for Special Staff (Operations) the Assistant Administrator for Education and Rehabilitative Services EPGS06000 Senior Policy Advisor to Administration and Resources DBGS00609 Special Assistant to the the Regional Administrator Management Under Secretary EPGS06008 Advance Specialist to the EPGS07012 Advance Specialist to the DBGS00611 Chief of Staff to the Deputy Chief of Staff (Operations) Director of Advance Deputy Assistant Secretary EPGS06015 Staff Secretary to the Chief EPGS60069 Special Assistant for DBGS00612 Special Assistant to the of Staff Communications to the Assistant General Counsel EPGS06018 Program Manager Administrator for Water DBGS00613 Special Assistant to the (Operations) to the Administrator EPGS60071 Senior Advisor to the Assistant Secretary for Legislation and EPGS06022 Program Advisor to the Assistant Administrator for Congressional Affairs Associate Administrator for International Activities DBGS00614 Confidential Assistant to Congressional and Intergovernmental EPGS60074 Policy Analyst to the the Assistant Secretary, Office of Relations Assistant Administrator for Air and Communications and Outreach EPGS06023 Senior Speechwriter to the Radiation DBGS00615 Special Assistant to the Associate Administrator for Public EPGS60076 Senior Counsel to the Assistant Secretary for Elementary Affairs Associate Administrator for and Secondary Education EPGS06024 Associate Assistant Congressional and Intergovernmental DBGS00616 Special Assistant to the Administrator to the Assistant Relations Council of Economic Assistant Secretary for Elementary Administrator for Solid Waste and Advisers and Secondary Education Emergency Response DBGS00617 Confidential Assistant to EPGS06028 Deputy Associate Section 213.3323 Overseas Private the Chief of Staff Administrator to the Associate Investment Corporation DBGS00618 Chief of Staff to the Administrator for Congressional and PQGS06001 Confidential Assistant to Assistant Deputy Secretary Intergovernmental Relations the Deputy Chief of Staff and Senior DBGS00619 Confidential Assistant to EPGS06030 Program Specialist to the Advisor to President the Deputy Assistant Secretary Associate Administrator for Policy, PQGS06002 Confidential Assistant to DBGS00620 Special Assistant to the Economics and Innovation the Chief of Staff Assistant Secretary for Postsecondary EPGS06031 Advance Specialist to the PQGS06015 Special Assistant to the Education Director of Advance Vice President, Investment Funds to DBGS00621 Confidential Assistant to EPGS06033 Confidential Assistant to the Vice President, Investment Funds the Senior Advisor to the Under the Deputy Administrator PQGS60018 Executive Assistant to the Secretary EPGS06034 Deputy Speech Writer to President DBGS60077 Special Assistant to the the Associate Administrator for Public PQGS60020 Executive Assistant to the Director, Office of Scheduling and Affairs Executive Vice President Briefing EPGS06035 Advance Specialist to the Section 213.3325 United States Tax DBGS60143 Confidential Assistant to Director of Advance Court the Director, Faith-Based and EPGS06036 Supervisory Public Affairs Community Initiatives Center Specialist to the Associate JCGS60040 Secretary (Confidential Administrator for Public Affairs Assistant) to a Chief Judge Section 213.3318 Environmental EPGS06037 Senior Policy Advisor to JCGS60041 Secretary (Confidential Protection Agency the Deputy Administrator Assistant) to a Chief Judge EPGS00922 Associate Assistant EPGS07000 Deputy Press Secretary to JCGS60042 Secretary (Confidential Administrator to the Assistant the Associate Administrator for Public Assistant) to a Chief Judge Administrator for Research and Affairs JCGS60043 Secretary (Confidential Development EPGS07001 Program Advisor to the Assistant) to a Chief Judge EPGS03200 Director of Scheduling to Associate Administrator for Public JCGS60044 Secretary (Confidential the Deputy Chief of Staff (Operations) Affairs Assistant) to a Chief Judge EPGS03500 Senior Policy Advisor to EPGS07002 Assistant to the Scheduler JCGS60045 Secretary (Confidential the Deputy Assistant Administrator to the Director of Scheduling Assistant) to a Chief Judge for Water EPGS07003 Deputy of Advance to the JCGS60046 Secretary (Confidential EPGS04025 Counselor to the Director of Advance Assistant) to a Chief Judge Administrator for Agricultural Policy EPGS07004 Communications JCGS60047 Secretary (Confidential to the Administrator Specialist to the Principal Deputy Assistant) to a Chief Judge EPGS05007 Associate Director, Office Assistant Administrator for JCGS60048 Secretary (Confidential of Executive Secretariat to the Chief of Enforcement and Compliance Assistant) to a Chief Judge Staff Assurance JCGS60049 Secretary (Confidential EPGS05024 Deputy Associate EPGS07005 Program Advisor (Media Assistant) to a Chief Judge Administrator to the Associate Relations) to the Deputy Chief of Staff JCGS60050 Secretary (Confidential Administrator for Public Affairs (Operations) Assistant) to a Chief Judge

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JCGS60051 Secretary (Confidential Section 213.3328 Broadcasting Board DEGS00489 Special Assistant to the Assistant) to a Chief Judge of Governors Deputy Secretary to the Chief of Staff DEGS00493 Senior Policy Advisor to JCGS60052 Secretary (Confidential IBGS00013 Chief of Staff to the Assistant) to a Chief Judge the Director, Office of Management Director Office of Cuba Broadcasting DEGS00498 Public Affairs Specialist JCGS60053 Secretary (Confidential IBGS00018 Senior Projects Officer to Assistant) to a Chief Judge to the Director of Congressional, the Director Intergovernmental and Public Affairs JCGS60054 Secretary (Confidential IBGS00020 Special Assistant to the Assistant) to a Chief Judge DEGS00503 Speechwriter to the Chairman, Broadcasting Board of Director, Public Affairs JCGS60056 Secretary (Confidential Governors Assistant) to a Chief Judge DEGS00510 Lead Advance JCGS60057 Secretary (Confidential Section 213.3330 Securities and Representative to the Director, Office Assistant) to a Chief Judge Exchange Commission of Scheduling and Advance DEGS00512 Press Secretary to the JCGS60058 Secretary (Confidential SEOT60002 Confidential Assistant to a Director, Public Affairs Assistant) to a Chief Judge Commissioner DEGS00518 Senior Legislative Advisor JCGS60059 Secretary (Confidential SEOT60004 Director of Legislative to the Assistant Secretary for Assistant) to a Chief Judge Affairs to the Chairman Congressional and Intergovernmental JCGS60060 Secretary (Confidential SEOT60007 Confidential Assistant to a Affairs Assistant) to a Chief Judge Commissioner DEGS00519 Special Assistant to the JCGS60061 Secretary (Confidential SEOT60008 Secretary (Office Assistant Secretary for Congressional Assistant) to a Chief Judge Automation) to the Chief Accountant and Intergovernmental Affairs JCGS60062 Secretary (Confidential SEOT60009 Secretary to the General DEGS00523 Trip Coordinator to the Assistant) to a Chief Judge Counsel of the Commission Director, Office of Scheduling and JCGS60063 Secretary (Confidential SEOT60012 Investor Advocate to the Advance Assistant) to a Chief Judge Chairman DEGS00524 Assistant Press Secretary JCGS60064 Secretary (Confidential SEOT60016 Secretary to the Director, to the Director, Public Affairs Assistant) to a Chief Judge Division of Enforcement DEGS00525 Deputy White House JCGS60065 Secretary (Confidential SEOT60029 Secretary to the Director, Liaison to the White House Liaison Assistant) to a Chief Judge Division of Market Regulation DEGS00526 Trip Coordinator to the JCGS60067 Trial Clerk to the Chief SEOT60052 Chief of Staff to the Director, Office of Scheduling and Judge Chairman Advance JCGS60068 Trial Clerk to the Chief SEOT60054 Secretary to the Director, DEGS00527 Staff Assistant to the Judge Division of Market Regulation Director, Office of Scheduling and JCGS60069 Trial Clerk to the Chief SEOT60056 Legislative Affairs Advance Judge Specialist to the Director of DEGS00528 Advisor to the Under JCGS60071 Trial Clerk to the Chief Communications Secretary to the Senior Advisor Judge SEOT90001 Senior Advisor to the DEGS00531 Senior Advisor to the JCGS60072 Trial Clerk to the Chief Chairman to the Chairman Chief Operating Officer for Energy Judge SEOT90006 Confidential Assistant to a Efficiency and Renewable Energy JCGS60073 Trial Clerk to the Chief Commissioner DEGS00532 Special Assistant to the Judge SEOT90007 Confidential Assistant to Assistant Secretary for Congressional JCGS60074 Trial Clerk to the Chief the Chairman and Intergovernmental Affairs DEGS00533 Senior Policy Advisor to Judge SEOT90008 Confidential Assistant to a the Assistant Secretary for JCGS60077 Trial Clerk to the Chief Commissioner Judge Environment, Safety and Health DEGS00534 Senior Advisor to the JCGS60079 Trial Clerk to the Chief Section 213.3331 Department of Energy Chief of Staff Judge DEGS00395 Special Assistant to the DEGS00535 Web Content Manager to Chief of Staff Section 213.3327 Department of the Senior Policy Advisor DEGS00439 Senior Policy Advisor to Veterans Affairs DEGS00536 Policy Advisor to the the Assistant Secretary for Fossil Senior Advisor DVGS00082 Special Assistant to the Energy DEGS00537 Program Assistant to the Assistant Secretary for Public and DEGS00440 Special Assistant to the Assistant Secretary of Energy (Nuclear Intergovernmental Affairs Communications Director Energy) DVGS60011 Special Assistant to the DEGS00443 Senior Policy Advisor to DEGS00540 Special Assistant to the Assistant Secretary for Public and the Principal Deputy Assistant Director, Office of Electricity Delivery Intergovernmental Affairs Secretary for Fossil Energy and Energy Reliability DVGS60015 Special Assistant to the DEGS00469 Advance Representative DEGS00541 Director of Special Assistant (Supervisory to the Director, Office of Scheduling Commercialization and Deployment Regional Veterans Service Liaison and Advance to the Chief Operating Officer for Officer) DEGS00476 Policy Advisor to the Energy Efficiency and Renewable DVGS60032 Director, Center for Faith Director, Office of Legacy Energy Based Community Initiatives to the Management DEGS00542 Special Assistant to the Secretary of Veterans Affairs DEGS00480 Senior Policy Advisor for Director, Public Affairs DVGS60036 Protocol Liaison Officer to Middle East Affairs to the Assistant DEGS00543 Communications the Secretary of Veterans Affairs Secretary for Policy and International Assistant to the Under Secretary for DVGS60056 Special Assistant to the Affairs Science Senior Advisor DEGS00485 Director, Office of DEGS00544 Senior Communications DVGS60069 Special Assistant to the Scheduling and Advance to the Chief Advisor to the Assistant Secretary of Secretary of Veterans Affairs of Staff Energy (Environmental Management)

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DEGS00547 Scheduler to the Secretary Congressional and Intergovernmental Section 213.3332 Small Business to the Director, Office of Scheduling Affairs Administration and Advance DEGS00577 Staff Assistant to the SBGS00540 Director of Small Business DEGS00548 Staff Assistant to the Director, Office of Scheduling and Association’s Center for Faith-Based General Counsel Advance and Community Initiatives to the DEGS00549 Senior Advisor to the DEGS00579 Senior Policy Advisor to Chief of Staff and Chief Operating Chief Operating Officer for Energy the Deputy Administrator for Defense Officer Efficiency and Renewable Energy Nuclear Nonproliferation SBGS00555 Legislative Assistant to DEGS00550 Confidential Assistant to DEGS00582 Special Assistant to the the Assistant Administrator for the Assistant Secretary for Chief of Staff Congressional and Legislative Affairs Congressional and Intergovernmental DEGS00585 Special Assistant to the SBGS00572 Regional Administrator Affairs Associate Director (Region 2) to the Associate DEGS00555 Deputy Chief of Staff to DEGS00586 Director, Office of Administrator for Field Operations the Chief of Staff Technology Advancement and SBGS00574 Assistant Administrator DEGS00557 Special Assistant to the Outreach to the Chief Operating for Field Operations to the Associate Director, Office of Electricity Delivery Officer for Energy Efficiency and Administrator for Field Operations and Energy Reliability Renewable Energy SBGS00576 Deputy Associate DEGS00558 Advisor, Legislative DEGS00587 Special Assistant to the Administrator for Office of Affairs to the Chief Operating Officer Chief of Staff Communications and Public Liaison for Energy Efficiency and Renewable DEGS00589 Senior Advisor to the to the Associate Administrator for Energy Chief Operating Officer for Energy Communications and Public Liaison DEGS00559 Special Assistant to the Efficiency and Renewable Energy SBGS00587 Senior Advisor for Policy Assistant Secretary of Energy (Nuclear DEGS00591 Special Assistant for and Planning to the Associate Energy) Communication to the Chief Administrator for Policy DEGS00561 Senior Advisor to the Operating Officer for Energy SBGS00589 Legislative Assistant to Chief of Staff Efficiency and Renewable the Assistant Administrator for DEGS00562 Senior Policy Advisor to DEGS00592 Small Business Specialist Congressional and Legislative Affairs the Associate Director for System to the Associate Director SBGS00592 Regional Administrator, Operations and External Relations DEGS00593 Congressional Affairs Region III, Philadelphia, PA to the DEGS00563 Special Assistant to the Specialist to the Director, Associate Administrator for Field Assistant Secretary for Congressional Congressional Affairs Operations and Intergovernmental Affairs DEGS00594 Senior Advisor for Public SBGS00593 Deputy Assistant DEGS00564 Special Assistant to the Affairs to the Director, Public Affairs Administrator for Congressional and Principal Deputy Assistant Secretary (National Nuclear Security Legislative Affairs to the Assistant DEGS00565 Special Assistant, Deputy Administration) Administrator for Congressional and Director of Scheduling and Advance DEGS00598 Special Assistant to the Legislative Affairs to the Director, Office of Scheduling Assistant Secretary for Policy and SBGS00594 Press Secretary to the and Advance International Affairs Associate Administrator for DEGS00567 Deputy Director, Public DEGS60121 Special Assistant to the Communications and Public Liaison Affairs to the Director, Public Affairs Director, Office of Scheduling and SBGS00597 Director of Scheduling to DEGS00568 Special Assistant for Advance the Chief of Staff and Chief Operating Communications to the Director, DEGS60233 Special Assistant to the Officer Office of Electricity Delivery and Assistant Secretary for Policy and SBGS00600 Director of External Energy Reliability International Affairs Affairs to the Associate Administrator DEGS00569 Transmission Siting DEGS60265 Senior Advisor, for Field Operations Analyst to the Director, Office of Congressional and Intergovernmental SBGS00601 Associate Administrator Electricity Delivery and Energy Affairs to the Director, Office of for Field Operations to the Reliability Science Administrator DEGS00570 Senior Policy Advisor to DEGS60276 Senior Policy Advisor to SBGS00602 Special Assistant to the the Assistant Secretary of Energy the Director, Office of Science Administrator (Environmental Management) SBGS00603 Policy Analyst to the Section 213.3331 Federal Energy DEGS00571 Special Assistant to the Associate Administrator for Policy Regulatory Commission Director, Office of Science SBGS00604 Director of Scheduling DEGS00572 Policy Advisor to the DRGS17039 Confidential Assistant to and Advance to the Chief of Staff Deputy Assistant Secretary for the Member-Federal Energy SBGS00606 Speech Writer to the International Affairs Regulatory Commission Associate Administrator for DEGS00573 Senior Counsel to the DRGS17040 Congressional, Communications and Public Liaison General Counsel Intergovernmental and Public Affairs SBGS00607 White House Liaison to DEGS00574 Deputy Assistant Specialist to the Director, Office of the Chief of Staff Secretary for Energy Policy to the External Affairs SBGS00608 Assistant Administrator Assistant Secretary for Congressional DRGS60001 Regulatory Policy Analyst for Congressional and Legislative and Intergovernmental Affairs to the Director, Markets, Tariffs, and Affairs DEGS00575 Director of Rates SBGS00609 Director of Performance Intergovernmental and Tribal Affairs DRGS60003 Confidential Assistant to Management to the Associate to the Deputy Assistant Secretary for the Member-Federal Energy Administrator for Performance Intergovernmental and External Regulatory Commission Management and Chief Financial Affairs DRGS60007 Confidential Assistant to Officer DEGS00576 Intergovernmental Liaison the Member-Federal Energy SBGS00610 Senior Advisor to the Officer to the Assistant Secretary for Regulatory Commission Associate Administrator for Capital

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Access to the Associate Administrator FTGS60006 Congressional Liaison GSGS00185 Deputy Associate for Capital Access Specialist to the Chairman Administrator for Congressional and SBGS00612 Deputy Assistant FTGS60027 Confidential Assistant to a Intergovernmental Affairs to the Administrator for Faith Based Commissioner Associate Administrator for Community Initiatives to the Director Congressional and Intergovernmental Section 213.3337 General Services of Small Business Administration’s Affairs Administration Center for Faith-Based and GSGS00186 Confidential Assistant to Community Initiatives GSGS00084 Special Assistant to the the Associate Administrator for SBGS00613 Legislative Assistant to Regional Administrator, Region VI, Performance Improvement the Assistant Administrator for Kansas City GSGS00187 Deputy Associate Congressional and Legislative Affairs GSGS00087 Senior Advisor to the Administrator for Congressional and SBGS00614 Senior Advisor to the Regional Administrator, (Region IX, Intergovernmental Affairs to the Deputy Administrator San Francisco) Principal Deputy Associate SBGS00615 Senior Advisor, Office of GSGS00130 Senior Advisor to the Administrator for Congressional and Performance Management to the Regional Administrator-Region 7, Fort Intergovernmental Affairs Director of Performance Management Worth Texas GSGS00188 Senior Advisor to the SBGS00616 Deputy Associate GSGS00132 Special Assistant to the Regional Administrator (Region VIII, Administrator for Field Operations to Regional Administrator to the Denver, Colorado) the Associate Administrator for Field Regional Administrator, Region 10, GSGS60082 Senior Advisor to the Operations Auburn, Washington Regional Administrator, Regional 4, SBGS00617 Special Assistant to the GSGS00156 Confidential Assistant to Atlanta, Georgia Associate Administrator for the Chief of Staff GSGS60089 Confidential Assistant to Government Contracting and Business GSGS00159 Deputy Director for the Administrator Development Communications to the Deputy GSGS60095 White House Liaison to SBGS60003 National Director for Associate Administrator for the Chief of Staff Native American Affairs to the Communications GSGS60113 Special Assistant to the Associate Administrator for GSGS00161 Public Affairs Specialist Regional Administrator Region 1, Entrepreneurial Development to the Deputy Director for Boston SBGS60170 Regional Administrator, Communications GSGS60119 Senior Advisor to the Region VIII, Denver Colorado to the GSGS00163 Special Assistant to the Deputy Regional Administrator Assistant Inspector General for Associate Administrator for GSGS60126 Deputy Associate Inspections and Evaluation Performance Improvement Administrator for Communications to SBGS60171 Regional Administrator, GSGS00165 Special Assistant to the the Associate Administrator for Region VII, Kansas City, Missouri to Chief Acquisition Officer Citizen Services and Communications the District Director GSGS00166 Deputy Associate GSGS60127 Associate Administrator SBGS60173 Regional Administrator, Administrator for Small Business for Small Business Utilization to the Region VI, Dallas, Texas to the District Utilization to the Associate Administrator Director Administrator for Small Business SBGS60174 Regional Administrator to GSGS60131 Director of Strategic Utilization Communications to the Deputy the Associate Administrator for Field GSGS00172 Senior Advisor to the Operations Associate Administrator for Commissioner, Public Buildings Communications SBGS60175 Regional Administrator to Service the District Director GSGS00173 Senior Advisor to the Section 213.3338 Federal SBGS60188 Regional Administrator, Chief Acquisition Officer Communications Commission Region IX, San Francisco to the GSGS00174 Principal Deputy Administrator FCGS03051 Deputy Director, Office of Associate Administrator for SBGS60189 Regional Administrator, Media Relations to the Chief of Staff Congressional and Intergovernmental Region 10, Seattle Washington to the FCGS07052 Bureau Chief to the Affairs to the Associate Administrator Associate Administrator for Field Chairman for Congressional and Operations FCGS07077 Associate Director-Senior SBGS60190 Deputy Chief of Staff Intergovernmental Affairs Speechwriter to the Chairman SBGS60559 Assistant Administrator GSGS00176 Senior Advisor to the FCGS60005 Special Assistant to the for Congressional and Legislative Associate Administrator for Director, Office of Legislative Affairs Affairs to the Assistant Administrator Congressional and Intergovernmental FCGS95448 Attorney Advisor (Legal for Congressional and Legislative Affairs Advisor) to the Chairman Affairs GSGS00177 Deputy Chief of Staff to the Chief of Staff Section 213.3339 United States Section 213.3333 Federal Deposit GSGS00178 Special Assistant to the International Trade Commission Insurance Corporation Chief Acquisition Officer TCGS00007 Staff Assistant (Legal) to a FDOT00010 Chief of Staff to the GSGS00179 Small Business Specialist Commissioner Chairman of the Board of Directors to the Associate Administrator for TCGS00010 Staff Assistant (Legal) to a (Director) Small Business Utilization Commissioner FDOT00012 Director for Public Affairs GSGS00182 Confidential Assistant to TCGS00012 Staff Assistant (Legal) to a to the Chairman of the Board of the Administrator Commissioner Directors (Director) GSGS00184 Deputy Associate TCGS00013 Staff Assistant Administrator for Congressional and (Economics) to the Vice Chairman Section 213.3334 Federal Trade Intergovernmental Affairs to the TCGS00025 Confidential Assistant to a Commission Associate Administrator for Commissioner FTGS60001 Director, Office of Public Congressional and Intergovernmental TCGS00031 Executive Assistant to a Affairs to the Chairman Affairs Commissioner

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TCGS00033 Staff Assistant to a SSGS03373 Administrative Assistant CCGS60013 Special Assistant to a Commissioner to the Director Selective Service Commissioner TCGS00037 Staff Assistant (Legal) to System CCGS60020 Special Assistant to the the Chairman Commissioner to the Chairman Section 213.3348 National TCGS60005 Staff Assistant (Legal) to a Aeronautics and Space Administration CCGS60031 General Counsel to the Commissioner Staff Director TCGS60006 Staff Assistant (Legal) to a NNGS00044 Legislative Affairs CCGS60033 Special Assistant to a Commissioner Specialist to the Assistant Commissioner TCGS60007 Staff Assistant Administrator for Legislative Affairs (Economics) to a Commissioner and Intergovernmental Affairs Section 213.3357 National Credit TCGS60015 Executive Assistant to the NNGS00155 Program Specialist to the Union Administration Vice Chairman Chief of Strategic Communications CUOT00025 Staff Assistant to a Board TCGS60018 Staff Assistant (Legal) to a NNGS00168 Editor to the Assistant Member Commissioner Administrator for Public Affairs CUOT00026 Staff Assistant to the Vice TCGS60019 Staff Assistant (Legal) to a NNGS00170 Program Specialist to the Chair Commissioner Deputy Administrator CUOT00030 Associate Director of TCGS60022 Staff Assistant (Legal) to a NNGS00171 Senior Legislative Affairs External Affairs to the Chairman Commissioner Program Specialist to the Assistant CUOT01008 Senior Policy Advisor to TCGS60025 Staff Assistant (Legal) to a Administrator for Legislative Affairs a Board Member Commissioner and Intergovernmental Affairs CUOT01009 Senior Policy Advisor to TCGS60030 Confidential Assistant to a NNGS00172 Congressional Relations a Board Member Specialist to the Assistant Commissioner CUOT01317 Senior Policy Advisor to Administrator for Legislative Affairs TCGS60100 Senior Economist to a the Chairman Commissioner and Intergovernmental Affairs TCGS60101 Executive Assistant to the NNGS00176 Deputy Press Secretary/ Section 213.3360 Consumer Product Vice Chairman Public Affairs Specialist to the Safety Commission Assistant Administrator for Public Section 213.3340 National Archives PSGS00066 Supervisory Public Affairs Affairs Specialist to the Executive Director and Records Administration NNGS00177 Writer/Editor to the PSGS60007 Director, Office of NQGS60003 Presidential Diarist to the Associate Deputy Administrator for Congressional Relations to the Archivist of the United States Policy and Planning Chairman, Consumer Product Safety NNGS02317 Special Assistant to the Section 213.3342 Export-Import Bank Commission Inspector General EBSL47970 Senior Vice President and NNGS60020 Writer-Editor to the PSGS60010 Executive Assistant to a Chief of Staff to the President and Assistant Administrator for Public Commissioner Chairman Affairs PSGS60014 General Counsel to the Chairman, Consumer Product Safety Section 213.3343 Farm Credit Section 213.3351 Federal Mine Safety Commission Administration and Health Review Commission PSGS60049 Special Assistant (Legal) FLOT00028 Director, Congressional FRGS60024 Confidential Assistant to to a Commissioner and Public Affairs to the Chairman, the Chairman PSGS60061 Executive Assistant to a Farm Credit Administration Board FRGS90501 Attorney Advisor Commissioner FLOT00054 Chief of Staff to the (General) to the Chairman PSGS60062 Special Assistant (Legal) Chairman, Farm Credit FRGS90504 Attorney Advisor to a Commissioner Administration Board (General) to a Member PSGS60063 Special Assistant (Legal) FLOT00080 Executive Assistant to to a Commissioner Member to the Chairman, Farm Credit Section 213.3353 Merit Systems Section 213.3365 Chemical Safety and Administration Board Protection Board Hazard Investigation Board FLOT60013 Executive Assistant to the MPGS00002 Confidential Assistant to Member, Farm Credit Administration the Member to a Member FJGS60001 Special Assistant to the Board MPGS00003 Confidential Assistant to Chief Operating Officer the Member to a Board Member Section 213.3344 Occupational Safety Section 213.3367 Federal Maritime MPGS60010 Confidential Assistant to and Health Review Commission Commission the Chairman SHGS00003 Confidential Assistant to a MPSL00001 Chief Counsel to the Vice- MCGS60003 Counsel to the Commission Member Chair to the Vice Chairman Commissioner to a Member SHGS00004 Confidential Assistant to a MCGS60006 Counsel to the Commission Member Section 213.3355 Social Security Commissioner to a Member SHGS60007 Counsel to a Administration MCGS60042 Counsel to a Member Commissioner to a Commission SZGS00017 Associate Commissioner Section 213.3370 Millennium Member for External Affairs to the Deputy Challenge Corporation SHGS60008 Counsel to a Commissioner for Communications Commissioner to a Commission SZGS00018 Special Assistant to the CMOT00001 Executive Assistant to Member Commissioner to the Chief of Staff the Chief Executive Officer Section 213.3346 Selective Service Section 213.3356 Commission on Civil Section 213.3371 Office of System Rights Government Ethics SSGS00001 Public Affairs Specialist to CCGS00017 Special Assistant to the GGGS02900 Confidential Assistant to the Director Commissioner to a Commissioner the Director

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Section 213.3373 Trade and DUGS00044 Special Assistant to the DUGS60293 Staff Assistant to the Development Agency Deputy Secretary, Housing and Urban President, Government National TDGS00004 Public Affairs Specialist Development Mortgage Association to the Director DUGS60039 Staff Assistant to the DUGS60319 Regional Director to the TDGS60001 Executive Assistant to the Assistant Secretary for Community Assistant Deputy Secretary for Field Director Planning and Development Policy and Management TDGS60002 Congressional Liaison to DUGS60110 Staff Assistant to the DUGS60330 Deputy Assistant the Director Assistant Secretary for Housing, Secretary for Economic Development Federal Housing Commissioner to the Assistant Secretary for Section 213.3376 Appalachian DUGS60138 Special Assistant to the Community Planning and Regional Commission Assistant Secretary for Community Development APGS00005 Confidential Policy Planning and Development DUGS60338 Special Policy Advisor to Advisor to the Federal Co-Chairman DUGS60151 Staff Assistant to the the Assistant Secretary for Housing, Assistant Secretary for Public Affairs Federal Housing Commissioner Section 213.3379 Commodity Futures DUGS60168 Staff Assistant to the DUGS60340 Special Assistant to the Trading Commission Chief of Staff Chief of Staff CTGS00030 Chief of Staff to the DUGS60174 Congressional Relations Officer to the Deputy Assistant DUGS60354 Special Assistant to the Chairperson Assistant Secretary for Public and CTGS00091 Chief Economist to the Secretary for Congressional Relations DUGS60175 Special Assistant to the Indian Housing Chairperson DUGS60357 Staff Assistant to the CTGS60004 Administrative Assistant Deputy Assistant Secretary for Chief of Staff to the Commissioner to a Congressional and Intergovernmental DUGS60366 Deputy Assistant Commissioner Relations Secretary for Regulatory Affairs and CTGS60014 Special Assistant to the DUGS60176 Staff Assistant to the Manufactured Housing to the Deputy Commissioner to a Commissioner Deputy Assistant Secretary for CTGS60477 Attorney-Advisor Congressional Relations Assistant Secretary for Regulatory (General) to a Commissioner DUGS60187 Staff Assistant to the Affairs and Manufactured Housing CTGS60768 Director, Office of Assistant Secretary for Public Affairs DUGS60373 Media Outreach External Affairs to the Chairperson DUGS60195 Staff Assistant to the Specialist to the Assistant Secretary Deputy Assistant Secretary for for Public Affairs Section 213.3382 National Endowment Economic Development DUGS60385 Staff Assistant to the for the Arts DUGS60206 Intergovernmental General Deputy Assistant Secretary NAGS00062 Counselor to the Relations Specialist to the Assistant for Public Affairs Chairman to the Chairman National Secretary for Congressional and DUGS60390 Senior Legislative Endowment for the Arts Intergovernmental Relations Specialist to the Assistant Secretary NAGS60049 Congressional Liaison to DUGS60210 Special Assistant to the for Congressional and the Director, Office of Government Assistant Secretary for Congressional Intergovernmental Relations Affairs and Intergovernmental Relations DUGS60391 Special Assistant to the NAGS60077 Director of DUGS60211 Advance Coordinator to Regional Director Communications to the Chairman, the Director, Office of Executive DUGS60394 Staff Assistant to the National Endowment for the Arts Scheduling and Operations Assistant Secretary for Community NASL00001 Executive Director, DUGS60217 Special Policy Advisor to Planning and Development Presidents Committee on the Arts and the Assistant Secretary for Policy DUGS60410 Special Assistant to the Humanities to the Chairman National Development and Research General Counsel Endowment for the Arts DUGS60224 Regional Director, Seattle, DUGS60411 Special Assistant to the Washington to the Deputy Secretary, Section 213.3382 National Endowment General Counsel Housing and Urban Development DUGS60416 Staff Assistant to the for the Humanities DUGS60232 Staff Assistant to the Assistant Secretary for Public and Assistant Deputy Secretary for Field NHGS00078 Associate Director of Indian Housing Policy and Management Communications and Chief DUGS60419 Speechwriter to the Speechwriter to the Director of DUGS60238 Special Assistant to the Regional Director to the Regional General Deputy Assistant Secretary Communications for Public Affairs NHGS00080 Director of Congressional Director DUGS60421 Director, Office of Affairs to the Chairman DUGS60255 Special Assistant to the NHGS60075 Director of Assistant Secretary for Policy Executive Scheduling and Operations Communications to the Deputy Development and Research to the Assistant Secretary for Chairman DUGS60281 Special Projects Officer to Administration/Chief Human Capital NHGS60077 Senior Advisor to the the Assistant Secretary for Housing, Officer Chairman to the Chairman Federal Housing Commissioner DUGS60423 Staff Assistant to the DUGS60288 Congressional Relations Assistant Secretary for Section 213.3384 Department of Officer to the Assistant Secretary for Administration/Chief Human Capital Housing and Urban Development Congressional and Intergovernmental Officer DUGS00032 Deputy Assistant Relations DUGS60427 Staff Assistant to the Secretary for Congressional Relations DUGS60289 Special Policy Advisor to Assistant Secretary for to the Assistant Secretary for Public the Assistant Secretary for Administration/Chief Human Capital and Indian Housing Community Planning and Officer DUGS00041 Advance Coordinator to Development DUGS60431 Regional Director, Kansas the Assistant Secretary for DUGS60291 Staff Assistant to the City, Kansas to the Deputy Assistant Administration/Chief Human Capital Secretary, Housing and Urban Secretary for Congressional and Officer Development Intergovernmental Relations

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DUGS60447 Staff Assistant to the WHGS00020 Staff Assistant to the DTGS60055 Associate Director for Assistant Secretary for Community Associate Director Governmental Affairs to the Assistant Planning and Development Secretary for Governmental Affairs Section 213.3389 National Mediation DUGS60449 Congressional Relations DTGS60117 Assistant to the Secretary Board Specialist to the Deputy Assistant for Policy to the Secretary Secretary for Congressional Relations NMGS60053 Confidential Assistant to DTGS60139 Special Assistant to the DUGS60458 Legislative Specialist to the Chairman Deputy Secretary the Deputy Assistant Secretary for NMGS60054 Confidential Assistant to DTGS60159 Special Assistant to the Intergovernmental Relations a Board Member Associate Administrator for Policy DUGS60464 Special Projects NMGS60056 Confidential Assistant to and Governmental Affairs Coordinator to the Regional Director a Board Member DTGS60173 Director of Congressional DUGS60467 Staff Assistant to the Affairs to the Administrator Assistant Secretary for Community Section 213.3391 Office of Personnel Management DTGS60194 Special Assistant to the Planning and Development Administrator DUGS60468 Staff Assistant to the PMGS00033 Chief, Office of Senate DTGS60197 Confidential Assistant to Assistant Secretary for Community Affairs to the Director, Office of the Chief of Staff Planning and Development Congressional Relations DTGS60199 Special Assistant to the DUGS60470 Staff Assistant to the PMGS00052 Special Counsel to the Associate Administrator for General Counsel General Counsel Communications and Legislative DUGS60489 Director, Office of PMGS00056 Special Assistant to the Affairs Receivership Oversight to the Director, Office of Communications DTGS60202 Counselor to the Assistant Secretary for Public and and Public Liaison Administrator Indian Housing PMGS00057 Executive Director to DTGS60229 Special Assistant to the DUGS60502 Special Policy Advisor to Chief Human Capital Officer Council Administrator the Assistant Secretary for Public and to the Executive Director and Senior DTGS60239 Director, Office of Indian Housing Counselor Congressional and Public Affairs to DUGS60505 Deputy Assistant PMGS00059 Congressional Relations the Administrator Secretary for Intergovernmental Officer to the Director, Office of DTGS60243 Speechwriter to the Relations to the Assistant Secretary Congressional Relations Associate Director for Speechwriting for Congressional and PMGS00063 Staff Assistant to the DTGS60257 Deputy Director for Public Intergovernmental Relations White House Liaison Affairs to the Assistant to the DUGS60542 Assistant to the Secretary PMGS30249 Congressional Relations Secretary and Director of Public and White House Liaison to the Officer to the Director, Office of Affairs Secretary, Housing and Urban Congressional Relations DTGS60274 Special Assistant to the Development PMGS60018 Special Assistant to the Assistant to the Secretary and Director DUGS60543 Staff Assistant to the Director, Office of Communications of Public Affairs Director, Center for Faith Based and and Public Liaison Community Initiatives PMGS60019 Special Assistant to the DTGS60279 Associate Director for DUGS60546 Special Assistant to the Director, Office of Communications Speechwriting to the Assistant to the Deputy Secretary, Housing and Urban and Public Liaison Secretary and Director of Public Development PMGS60028 Scheduler and Special Affairs DUGS60571 Deputy Assistant for Assistant to the Chief of Staff and DTGS60292 Associate Director for International Affairs to the Assistant Director of External Affairs Governmental Affairs to the Assistant Secretary for Policy Development and PMGS60051 Special Assistant to the Secretary for Governmental Affairs Research Director, Office of Communications DTGS60294 Counselor to the Under DUGS60575 Special Assistant to the and Public Liaison Secretary of Transportation for Policy Assistant Deputy Secretary for Field DTGS60301 Associate Director for Policy and Management Section 213.3392 Federal Labor Governmental Affairs to the Deputy DUGS60588 Staff Assistant to the Relations Authority Assistant Secretary for Governmental Assistant Secretary for FAGS60022 Executive Assistant to the Affairs Administration/Chief Human Capital Chairman DTGS60311 Special Assistant to the Officer FAGS60023 Management Assistant to Director for Scheduling and Advance DUGS60601 Legislative Specialist to the General Counsel DTGS60313 Director of External the Assistant Secretary for Affairs to the Administrator Section 213.3393 Pension Benefit Congressional and Intergovernmental DTGS60317 Deputy Assistant Guaranty Corporation Relations Administrator for Government and DUGS60620 Staff Assistant to the BGSL00063 Deputy Executive Industry Affairs to the Assistant Assistant Secretary for Director, Office of Policy and External Administrator for Government and Administration/Chief Human Capital Affairs to the Deputy Executive Industry Affairs Officer Director, Office of Policy and External DTGS60324 Director for Scheduling Affairs and Advance to the Chief of Staff Section 213.3388 President’s DTGS60337 Executive Director for Commission on White House Section 213.3394 Department of Public Affairs to the Administrator Fellowships Transportation DTGS60342 Special Assistant for WHGS00018 Special Assistant to the DTGS60017 Assistant to the Secretary Scheduling and Advance to the Director, President’s Commission on for Policy to the Secretary Director for Scheduling and Advance White House Fellowships DTGS60054 Associate Director for DTGS60351 Counselor to the Deputy WHGS00019 Associate Director to the Governmental Affairs to the Deputy Secretary Director, President’s Commission on Assistant Secretary for Governmental DTGS60357 Special Assistant to the White House Fellowships Affairs White House Liaison and Scheduling

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and Advance to the Director for DTGS60379 Confidential Assistant to TBGS60105 Confidential Assistant to Scheduling and Advance the Assistant to the Secretary and the Vice Chairman DTGS60364 Special Assistant to the Director of Public Affairs TBGS60107 Confidential Assistant to a Assistant Secretary for Transportation DTGS60380 Associate Administrator Member Policy for Governmental, International, and Public Affairs to the Administrator Section 213.3397 Federal Housing DTGS60369 Deputy Assistant DTGS60381 Chief of Staff to the Finance Board Secretary for Governmental Affairs to Administrator the Assistant Secretary for DTGS60450 Deputy Director for FBOT00004 Counsel to the Chairman Governmental Affairs Scheduling and Advance to the FBOT00005 Staff Assistant to the DTGS60371 Deputy Assistant Secretary Chairman Secretary for Governmental Affairs to DTGS60451 Director of FBOT00010 Special Assistant to the the Assistant Secretary for Communications to the Administrator Board Director Governmental Affairs DTGS60460 Director of Public Affairs FBOT60009 Special Assistant to the DTGS60375 White House Liaison to to the Administrator Section Board Director the Chief of Staff 213.3396 National Transportation DTGS60376 Director, Office of Small Safety Board Authority: 5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR 1954–1958 Comp., p. 218. and Disadvantaged Business TBGS60025 Special Assistant to the Office of Personnel Management. Utilization to the Secretary Vice Chairman DTGS60377 Director, Office of TBGS60033 Assistant to the Director, Howard Weizmann, Governmental, International and National Transportation Safety Board Deputy Director. Public Affairs to the Deputy Academy for Special Projects to the [FR Doc. E7–20648 Filed 10–22–07; 8:45 am] Administrator Chairman BILLING CODE 6325–39–P

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Part V

Department of Education Compliance Agreement; Notice

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DEPARTMENT OF EDUCATION management, property management, However, it appeared that it would take and procurement. additional time to address completely Compliance Agreement FOR FURTHER INFORMATION CONTACT: Mr. the underlying issues and longstanding Phil Maestri, U.S. Department of systemic problems that led to the large AGENCY: Department of Education. Education, Office of the Secretary, 400 number of audit findings that PRDE was ACTION: Notice of written findings, Maryland Avenue, SW., Room 7E206, attempting to resolve. compliance agreement with the Washington, DC 20202–6132. Therefore, the Department proposed Commonwealth of Puerto Rico and the Telephone: (202) 205–3511. the possibility of Puerto Rico, PRDE, Puerto Rico Department of Education, If you use a telecommunications and the Department entering into a and subsequent actions. device for the deaf (TDD), you may call compliance agreement, pursuant to the Federal Relay Service (FRS) at 1– section 454 of GEPA, that would apply SUMMARY: This notice is being published 800–877–8339. to all Department grants awarded to, in the Federal Register consistent with Individuals with disabilities may and administered by, PRDE. The sections 457(b)(2) and (d) of the General obtain this document in an alternative purpose of the compliance agreement Education Provisions Act (GEPA). format (e.g., Braille, large print, would be to bring PRDE ‘‘into full Section 457 of GEPA authorizes the U.S. audiotape, or computer diskette) on compliance with the applicable Department of Education (the request to the contact person listed requirements of the law as soon as Department) to enter into a compliance under FOR FURTHER INFORMATION feasible and not to excuse or remedy agreement with a recipient that is failing CONTACT. past violations of such requirements.’’ 1 20 U.S.C. 1234f(a). Under a compliance to comply substantially with Federal SUPPLEMENTARY INFORMATION: PRDE is a program requirements and for whom the agreement, PRDE would have up to State educational agency (SEA) that three years to continue its efforts to Department determines that full receives grant funds under a number of compliance is not feasible until a future address the audit findings and programs administered by the underlying problems by implementing date. Section 457(b)(2) requires the Department, including programs Department to publish written findings significant changes and improvements authorized under the Elementary and in grant administration, payroll, leading to a compliance agreement, with Secondary Education Act of 1965, as a copy of the compliance agreement, in financial and property management, and amended; the Carl D. Perkins Career and procurement in order to come into full the Federal Register. If a recipient fails Technical Education Act of 2006 to comply with the terms and compliance with Federal requirements (formerly the Carl D. Perkins Vocational related to the programs under which the conditions of a compliance agreement, and Technical Education Act); the Adult the Secretary may take any action Department awards grants to PRDE. In Education and Family Literacy Act; and order to enter into a compliance authorized by law with respect to the the Individuals with Disabilities recipient. agreement with Puerto Rico and PRDE, Education Act. Because of longstanding the Department had to determine, in On October 25, 2004, the Department and recurring audit findings of fiscal written findings, that PRDE would not entered into a compliance agreement and programmatic accountability be able to comply until a future date (Agreement) with the Commonwealth of deficiencies in the administration of with the applicable program Puerto Rico (Puerto Rico) and the Puerto Department programs by PRDE and requirements and that a compliance Rico Department of Education (PRDE) several other agencies in Puerto Rico agreement would be a viable means for because PRDE was failing to comply with management responsibility for bringing about such compliance. substantially with numerous Federal Department funds, in 2002 the In accordance with the requirements requirements, and it was clear to the Department designated PRDE a ‘‘high- of section 457(b) of GEPA, 20 U.S.C Department from all available risk’’ grantee under the authority of 34 1234f(b), Department officials information that PRDE would not be CFR 80.12. At that time, the Department conducted a public hearing in Puerto able to come into full compliance with imposed special conditions on all Rico in October 2004. Witnesses applicable Federal requirements for the Department grants awarded to PRDE representing PRDE and other concerned administration of Department programs because of its history of unsatisfactory individuals testified at this hearing on until a future date. The Agreement performance, as uncovered by audits whether a compliance agreement with applied to all grant funds awarded to dating back to 1994. Audit findings Puerto Rico and PRDE would be Puerto Rico and PRDE by the were recurrent over several years and appropriate. The Department reviewed Department’s Offices of Special involved such issues as missing or this testimony and all other relevant Education and Rehabilitative Services; inadequate documentation to support materials and concluded that, while the Elementary and Secondary Education; procurements, lack of proper accounting Department had been working closely English Language Acquisition, Language procedures, mismanagement of with Puerto Rico, PRDE, and other Enhancement and Academic property, and improper payroll costs. Puerto Rico agencies to address the Achievement for Limited English In September 2003, the Department major issues that PRDE had been facing Proficient Students; Vocational and and PRDE began a collaborative effort, in administering Department grant Adult Education; Innovation and under the Department’s Cooperative Improvement; and Postsecondary Audit Resolution and Oversight 1 Section 454 of GEPA, 20 U.S.C. 1234c, sets out Education. Prior to, and during the term Initiative (CAROI) to resolve jointly the the remedies available to the Department when it of, the Agreement, the Department and backlog of unresolved PRDE audits, determines that a recipient ‘‘is failing to comply substantially with any requirement of law PRDE have been working collaboratively which contained over six hundred audit applicable’’ to the Federal program funds to resolve a backlog of PRDE audits findings dating back to 1994. Through administered by this agency. Specifically, the dating back to 1994 and, through jointly this effort, PRDE made some progress in Department is authorized to— developed corrective action plans, to establishing controls to improve its (1) Withhold funds; (2) Obtain compliance through a cease and desist address a range of longstanding payroll and procurement processes and order; problems in PRDE’s administration of its grants management system, to enable (3) Enter into a compliance agreement with the Federal grants in the areas of grants it to address a number of the recurring recipient; or management, payroll, financial audit issues and make systemic changes. (4) Take any other action authorized by law.

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programs, it was clear that the problems Agreement’’ and ‘‘Removal of ‘High- problems that PRDE is working so hard could not be corrected by PRDE Risk’ Designation’’) is included as to correct, and it will also take the immediately and that PRDE would need appendix A of this notice. continued cooperation of other parts of more than one year to correct them. the Puerto Rico government. Therefore, Electronic Access to This Document Therefore, the Department, Puerto Rico, the Department is entering into this and PRDE entered into the Agreement, You may view this document, as well comprehensive, three-year Compliance a comprehensive compliance agreement as all other Department of Education Agreement (Agreement) with the with a three-year term. The Agreement, documents published in the Federal Commonwealth of Puerto Rico (Puerto which incorporated the Department’s Register, in text or Adobe Portable Rico) and PRDE. written findings, gave PRDE time to Document Format (PDF) on the Internet Through this Agreement, Puerto Rico develop integrated and systemic at the following site: http://www.ed.gov/ and PRDE, with assistance from the solutions to problems in managing its news/fedregister. Department, agree to develop or Department funds and programs. Under To use PDF you must have the Adobe complete integrated and systemic the terms of the Agreement, by the end Acrobat Reader Program with Search, solutions to problems they have had in of the three-year term, PRDE is which is available free at this site. If you the management of Federal education supposed to be in full compliance with have questions about using PDF, call the funds and programs. The issues are the requirements of all programs funded U.S. Government Printing Office (GPO), being carefully examined and addressed by the Department. The Agreement toll free, at 1–888–293–6498; or in the from the perspective of PRDE and other became effective on October 25, 2004 Washington, DC area at (202) 512–1530. Puerto Rico agencies with management and is set to expire on October 25, 2007. Note: The official version of a document is responsibility for resources or programs Upon entering into the Agreement, the document published in the Federal that have an impact on education in the Department removed PRDE’s ‘‘high- Register. Free Internet access to the official Puerto Rico. Solutions involve re- risk’’ designation related to the audit edition of the Federal Register and the Code engineering systems and processes and findings and underlying problems, of Federal Regulations is available on GPO the increased use of technology. In based upon PRDE’s demonstration of Access at: http://www.gpoaccess.gov/nara/ addition, solutions must address index.html. initiative and commitment to resolving communication and cooperation among the problems that had led to the ‘‘high- (Authority: 20 U.S.C. 1234c, 1234f). Puerto Rico agencies, including PRDE risk’’ designation, and upon PRDE’s Dated: October 18, 2007. (including its Office of Federal Affairs willing and effective collaboration with Hudson La Force III, (OFA)), Departmento de Hacienda, the Department. Also upon entering into Senior Counselor to the Secretary of Oficina de Gerencia y Presupuesto the Agreement, the Department and Education. (OGP), and Banco Gubernamental de PRDE worked together to develop Fomento. Whatever the solutions Puerto corrective action plans covering grants Appendix A—Compliance Agreement Rico and PRDE choose to implement, management, payroll, property Among The Commonwealth of Puerto they should seek to ensure the best management, and procurement. These Rico, The Puerto Rico Department of educational systems possible for the plans contained goals, action steps, and Education, and The United States students of Puerto Rico. It is also objectives to guide PRDE into full Department of Education understood that by the end of the term compliance with Federal requirements October 25, 2004 of this Agreement, Puerto Rico, and applicable to the grants that it receives I. Overview of Issues Addressed by This PRDE in particular, must be in full from the Department. The Department Compliance Agreement compliance with the requirements of all has been closely monitoring PRDE’s programs funded by the Department. progress in implementing these The Puerto Rico Department of This Compliance Agreement is also corrective action plans through site Education (PRDE) has been undertaking intended to ensure an effective planning visits, conference calls, meetings, and a large-scale endeavor to address long- and evaluation process throughout reviews of PRDE’s periodic written standing, systemic issues faced by PRDE’s programs and initiatives. reports. In addition, in July 2006, the PRDE, including the resolution of audit Planning and evaluation processes are Department and PRDE collaboratively findings issued by auditors dating back the basis for determining program goals, resolved the backlog of audit findings to 1994. PRDE has been putting forth current status, improvement needs, from audit reports issued for fiscal years great effort to rebuild, to make budgets, resources, effectiveness of 1994 through 2003; in May 2007, they important changes, to improve results, and other important aspects of resolved the fiscal year 2004 single education services to students, and to effective program management. Through audit of PRDE; and in September 2007, restore the trust and credibility this Agreement, Puerto Rico and PRDE they resolved, in large part, the fiscal previously lost by PRDE. A number of will improve program planning and year 2005 single audit of PRDE. The these activities have been undertaken in evaluation for education programs and Department is currently working with accordance with special conditions use the plans and evaluation results to PRDE to determine the full extent of imposed on PRDE’s grants, with drive management and resource PRDE’s progress under the compliance technical assistance by the U.S. decisions. agreement and corrective action plans, Department of Education (the This Compliance Agreement and the effect of such progress. Based on Department), and as part of an initiative addresses the following issue areas: this assessment, the Department is also undertaken between PRDE and the Grants Management generally, Grants determining next steps for PRDE Department, under the Department’s Management for several specific following the expiration of the Cooperative Audit Resolution and program areas, Payroll, and Agreement. Oversight Initiative (CAROI). Although Procurement and Property Management. As required by section 457(b)(2) of the Department has been working This Agreement lists specific tasks, GEPA, 20 U.S.C. 1234f(b)(2), the closely and productively with PRDE in goals, and measurable objectives for Agreement (which incorporates the recent months to address these major each issue area. Action steps and Department’s written findings in the issues, it appears that it will take more substeps with corresponding timelines, sections entitled ‘‘Overview of Issues than one year to completely address the persons and offices responsible for Addressed by this Compliance some of the long-standing, systemic carrying out specific tasks, and

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underlying problems resolved by Puerto authority of § 80.12 of the Education improving its Federal program Rico’s compliance with each task, goal, Department General Administrative administration by placing a high and action step, will be contained more Regulations (EDGAR) (34 C.F.R. 80.12). priority on addressing and ultimately fully in the Puerto Rico Action Plans At that time, special conditions were eliminating what had been found to be that will be completed within the next placed on all Department grants serious problems. thirty days and will be incorporated into awarded to PRDE because of its history Since PRDE has demonstrated great the Agreement by reference. of unsatisfactory performance, as initiative and commitment to resolving The General Grants Management Task uncovered by audits dating back to the problems that led to the 2002 ‘‘high- contained in this Agreement (Task 1.0) 1994. The Department’s special risk’’ designation, in recognition of the applies to the administration of all conditions were intended to bring about progress shown by PRDE, upon Federal education programs necessary changes to Federal program execution of this Agreement, the administered by PRDE. In addition to administration in Puerto Rico that Department will remove PRDE’s ‘‘high- the general section on Grants would ultimately bring it into risk’’ designation. However, all special Management, Tasks 2.0 through 5.0 compliance with all Federal program conditions currently applicable to below contain additional, program- requirements. The special conditions Federal education grants awarded to specific tasks, goals, and steps, which were intended to result in important PRDE remain in effect. The Department will apply to the administration of improvements to Federal grants will work with PRDE within thirty days specific areas or programs, as noted, administration in Puerto Rico so that the to eliminate possible duplication of including the Community Schools, the systemic problems uncovered by the effort in the special conditions and in Vocational Education Program, auditors would be corrected and would this Agreement including with respect authorized under the Carl D. Perkins not reoccur. In addressing the special to reporting requirements. In lieu of the Vocational and Technical Education Act conditions, and in conjunction with ‘‘high-risk’’ designation, during the first of 1998 (20 U.S.C. 2301, et seq.), the CAROI, as outlined below, PRDE has six months following execution of this Adult Education Program, authorized taken numerous steps to address Agreement, i.e., the early under the Adult Education and Family underlying problems. implementation phase of this Literacy Act (20 U.S.C 9201 et seq.), and Since September 2003, the Agreement, PRDE will be on the Special Education Program, Department and PRDE have been ‘‘probationary status.’’ During this authorized under Part B of the working together in a collaborative period, the Department and PRDE will Individuals with Disabilities Education effort under the CAROI process, to continue the close, cooperative Act (20 U.S.C. 1401, et seq.). jointly resolve the backlog of unresolved relationship that has characterized their The Department will review Puerto PRDE audits, which contain over six work under the CAROI initiative, but Rico’s and PRDE’s progress in meeting hundred audit findings dating back to the Department will scrutinize very the terms of this Agreement by assessing 1994. As a result of this effort, PRDE has carefully the progress that PRDE is the systemic approaches and degree of already taken steps and established making under the Agreement. The integration that Puerto Rico and PRDE controls to improve its payroll and Department will remain available to bring in designing and implementing procurement processes and its provide PRDE with technical assistance solutions to the complex problems in management of grants to address that is needed, and it will also oversee each of the crosscutting areas, by the numerous recurring audit issues and the progress made by PRDE on its demonstrated communication, make systemic changes. It has assigned Federal program administration, cooperation, and organizational culture knowledgeable staff to this task and has consistent with the terms of this change toward ‘‘getting the work done employed expert contractors to assist in Agreement. PRDE will remain right,’’ and by assessing Puerto Rico’s this effort. PRDE has sought to come committed to continued and timely and PRDE’s completion of corrective into compliance with Federal movement toward full compliance with action steps. The approaches adopted by requirements with the ultimate goal of Federal requirements. Puerto Rico and PRDE should include improving educational services to all III. Consequences for Not Meeting the effective planning and evaluation of students in Puerto Rico. Terms and Conditions of This resource and management decisions that One of the most significant steps Agreement are designed to produce better Puerto Rico and PRDE have taken is the educational results. creation of both an Internal Audit Office A. Mutual Agreements and In making the critical systemic and and an Audit Oversight Committee that Understandings Regarding the Terms, organizational changes required to meet will provide independent review and Conditions and Enforcement of This the terms of this Compliance oversight of Puerto Rico and PRDE Compliance Agreement Agreement, it is important to activities and will assure Puerto Rico Severability understand that the Agreement is not and PRDE’s commitment to maintaining only designed to bring about a strong control environment, quality The parties agree that this Compliance compliance with Federal requirements financial reporting, and compliance Agreement includes terms and but toward improving education for the with program objectives and conditions that apply to the various students of Puerto Rico. In the end, the regulations. The signing of the Federal programs included in the Department and Puerto Rico will judge legislation for the Audit Oversight Agreement (hereafter ‘‘covered Federal success by compliance with all Committee, on August 5, 2004, was a programs’’) and also terms and requirements and by determining how very positive step that demonstrated the conditions that are program specific. To well Puerto Rico has improved commitment and strides Puerto Rico that end, the parties agree that each educational programs by meeting and PRDE are taking to protect the such term and condition for each applicable requirements and the terms Federal funds they receive and to help covered Federal program may constitute of this Compliance Agreement. ensure they meet the fiscal and a separate agreement among Puerto programmatic responsibilities under all Rico, PRDE and the Department. For II. Removal of ‘‘High-Risk’’ Designation Federal programs. PRDE has worked purposes of 20 U.S.C. § 1234f, each such In 2002, the Department designated very effectively with the Department term or condition as to each covered PRDE a ‘‘high-risk’’ grantee, under and has generally committed itself to Federal program shall be severable from

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each other term or condition for each of If the Department finds, after Reinstatement of ‘‘High-Risk’’ Status the covered Federal programs. Unless reasonable notice and opportunity for Under 34 CFR § 80.12 set out otherwise, a determination by hearing to Puerto Rico or PRDE, that In the event that PRDE and Puerto the Department under 20 U.S.C. § 1234f there has been a failure by Puerto Rico Rico fail to continue their efforts toward (d) that Puerto Rico or PRDE is not or PRDE to comply substantially with correcting the systemic problems meeting terms and conditions may be any provision of applicable Federal laws uncovered by the auditors between 1994 specific to such term, condition, or (with regard to the programs to which and 2003, and are not making sufficient program without impacting Puerto 20 U.S.C. § 1416 applies) (including progress to meet the terms of this Rico’s or PRDE’s continuing obligations terms of Compliance Agreement within Agreement, the Department retains the under the Agreement. That is, all other timelines in the Agreement), the authority to reinstate the ‘‘high-risk’’ terms and conditions for all covered Department may, after notifying Puerto designation being removed under the Federal programs or the specific term or Rico or PRDE, refer the matter for an terms of this Agreement. If the condition for other covered Federal appropriate enforcement action, which Department determines that such programs would remain in place for the may include referral to the Department reinstatement becomes necessary, duration of the Agreement or until such of Justice. additional special conditions or time as the Department were to Withholding of Grant Funds—20 U.S.C. restrictions may include, but will not determine that Puerto Rico or PRDE had §§ 1234c(a)(1), 1234d and 1416 necessarily be limited to: (1) payment of substantially failed to meet those terms Federal funds on a reimbursement basis; and conditions. If the Department finds, after (2) withholding authority to proceed to Alternatively, the parties understand reasonable notice and opportunity for next phase until receipt of evidence of and agree that a determination by the hearing to Puerto Rico or PRDE, that acceptable performance within a given Department under 20 U.S.C. § 1234f(d) there has been a failure to comply funding period; (3) requiring additional, that Puerto Rico or PRDE has substantially with a requirement of law, more detailed financial reports; (4) substantially failed to meet any of the including with this Agreement, the requiring additional project monitoring; terms and conditions shall, at the Department may, after notifying Puerto (5) requiring PRDE to obtain technical or Department’s discretion, be grounds for Rico or PRDE or both, withhold, in management assistance, including the finding the Agreement, as to such terms whole or in part, future payments. The designation of a third-party fiduciary to and conditions, no longer in effect and Department may limit withholding to a administer all or part of PRDE’s grants that the Department may take any and particular Federal grant or part of the from the Department; or (6) establishing all additional actions authorized by law. grant. additional prior approvals. The use of a At the same time, if Puerto Rico or Escrow Account To Fund Third-Party condition for one covered Federal PRDE substantially fails to meet the program does not require or preclude its terms and conditions of the Agreement, If Puerto Rico or PRDE fails use for a different covered Federal the Department may terminate the entire substantially to meet a significant term program. Agreement, and the Department may in this Compliance Agreement, the In the event that the Department take any and all actions authorized by Department may place an appropriate decides to reinstate ‘‘high-risk’’ status, it law. Some examples of such actions are amount of Puerto Rico’s or PRDE’s would notify PRDE as early as possible, set out below. grants into an interest bearing escrow in writing, of the: (1) Nature of account to fund the duties of a third- Judicial Enforcement additional special conditions and party fiduciary agent. Puerto Rico or restrictions; (2) reason(s) for imposing 1. Cease and Desist Order Under 20 PRDE may request a reconsideration of them; (3) corrective actions which must U.S.C. §§ 1234c(a)(2) and 1234e this action. be taken before they will be removed The Department may seek injunctive Recovery of Funds—20 U.S.C. § 1234a and time allowed for completing any relief to compel specific actions or to additional corrective actions; and (4) stop specific actions. Under this Any funds improperly expended or method of requesting reconsideration of process, the Department issues a not properly accounted for are subject to conditions and restrictions imposed. complaint to Puerto Rico or PRDE, recovery by the Department according to describing the factual and legal basis for 20 U.S.C. § 1234a. IV. Reporting Requirements the Department’s belief that Puerto Rico B. Criteria for Determining This Compliance Agreement requires or PRDE is failing to comply Consequences regular progress reporting for all issues. substantially with a requirement of law Generally, Puerto Rico and PRDE must including this Agreement, and Puerto Rico or PRDE will provide the provide the Department with progress containing a notice of hearing. A Department with progress reports—as reports on a quarterly basis. hearing before an Administrative Law required in Section IV below—for the The submission of each written report Judge (ALJ) could then occur. The ALJ’s action steps and measurable objectives will be preceded by a meeting or report and order, requiring Puerto Rico set forth in the Agreement. Puerto Rico conference call among representatives of or PRDE to stop specific actions or or PRDE, and the Department agree that Puerto Rico (which may include compelling specific actions, becomes substantial failure to: (1) provide all representatives of the various Puerto the final agency decision. The required reports in a timely manner, (2) Rico agencies mentioned in Section I Department may enforce the final order show substantial progress in completing above), PRDE, and the Department, by withholding any portion of Puerto action steps as required, (3) complete within five business days (according to Rico’s or PRDE’s grant award or significant action steps within the PRDE’s business calendar) of the end of certifying the facts to the Attorney timeframes designated in the the quarter, to discuss Puerto Rico and General who may bring an appropriate Agreement, or (4) achieve critical PRDE’s progress and what level of detail action for enforcement of the order. measurable objectives as specified in the Department wants Puerto Rico and 2. Referral to Department of Justice this Agreement, will be considered a PRDE to cover in its written quarterly For Appropriate Enforcement—20 failure to meet the terms and conditions report that will be submitted within U.S.C. § 1416 of this Agreement. fifteen business days (according to

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PRDE’s business calendar) of the call or V. Updated Action Plans, Action Steps, with PRDE to address all of the issues meeting. The parties may modify the and Timelines uncovered in single audits and audits by schedule by mutual agreement. Action steps and timelines that PRDE the Department’s Office of the Inspector Subject to the meeting or call above, has developed are included in the task General (ED OIG) conducted over the years 1994 through 2003. While steady in general, each quarterly report will descriptions throughout this Agreement progress is being made, resolution of all include information such as: (1) a as well as in PRDE’s Action Plans that findings has not been completed. Thus, description of activities and progress for will be completed and incorporated into in addition to undertaking corrective each task and its related sub-tasks this Agreement within thirty days of the execution of this Agreement. PRDE, action in response to these many during the reporting period, (2) the monetary and non-monetary audit Puerto Rico, and the Department will status of each critical action step findings, under this Agreement, PRDE continuously reassess the action steps required to be taken during the also agrees to continue working with the and timelines to determine if: (1) the reporting period, (3) documentation of Department toward resolution of all action steps fully meet the requirements critical action step completion for those audit findings issued under the single of this Agreement, (2) the action steps steps required to be completed during and ED OIG audits covering 1994 will move Puerto Rico and PRDE toward the reporting period (including through 2003, under the Department’s achieving required measurable explanations of delays for all steps not CAROI process. The Department and objectives, and ultimately, full completed that were scheduled to be PRDE anticipate continuing to work compliance within three years, and (3) completed during the period, and cooperatively through a CAROI process the timelines need to be modified expected completion dates for all so that these audit findings can be within the time boundaries set forth in unimplemented steps), (4) resolved no later than six months from this Agreement. In addition to the areas documentation of measures of the date of the execution of this currently covered in this Agreement, the performance and results, and (5) other Agreement. PRDE’s continued work Action Plans will also include a section with the Department on resolving data or documentation as specified covering continuing progress to be made within the action steps for each task or remaining audit issues is a critical in implementing the oversight systems element of compliance with this related sub-task in this Agreement, and/ for the Internal Audit and Audit or discussed in the pre-report meeting Agreement. However, in the event that Oversight Committee, and the internal the CAROI process does not appear to among the Department, Puerto Rico, and audit function within PRDE. PRDE. be progressing, in addition to other Updating the action steps and interim remedies the Department has including Puerto Rico and PRDE will consider, timelines into Action Plans for which those under this Agreement, the if feasible and cost-effective, Puerto Rico and PRDE will be Department retains the discretion to transmitting reporting information to accountable is a critical step for each issue one or more program the Department via an Internet web site. task and sub-task. Once Puerto Rico and determination letters (PDLs) to resolve If transmittal of the reporting PRDE complete the development of one or more of these audit findings at information is not possible via a Action Plans that address each task or any time. In the event that one or more website, Puerto Rico and PRDE will sub-task, as specified in this Agreement, PDLs are issued, PRDE may exercise its continue to be responsible for tracking, and the Department agrees to the appeal rights, and such exercise would monitoring and reporting progress on all revised Action Plans, the action steps not be considered a breach of this requirements and milestones in this and timelines in the Action Plans will agreement, and would not be Agreement in a manner that is fully become additional requirements of this inconsistent with the resolution of other accessible to the Department and the Agreement and be subject to the findings through CAROI. public. Reporting information will be reporting requirements and VII. General Additional Measurable updated continuously, but in any event, consequences for not meeting terms and Objectives on a quarterly basis, no later than within conditions as set forth in this fifteen business days (according to Agreement. The Department will assist Puerto Rico, PRDE, and the by consulting with Puerto Rico and PRDE’s business calendar) from the day Department agree that the following PRDE to develop reports or reporting of the call or meeting among the measurable objectives apply for each formats that shall satisfy the reporting Department, Puerto Rico, and PRDE, task and sub-task contained in this requirements as set forth in this specifying the specific reporting Agreement and in the Action Plans that Agreement. The Department will also required for that quarterly period. These are to be incorporated into this assist Puerto Rico and PRDE, to the reports also will fulfill the reporting Agreement within thirty days, in extent that resources are available, with addition to other measurable objectives requirements required under PRDE’s the orientation and training of personnel special conditions that are currently in specified throughout this Agreement. and the provision of meaningful 1. Plans, other documents, and reports effect or as modified in accordance with technical assistance. are timely, complete, accurate, and the process to eliminate duplication in address the requirements set forth in Section II above. The first quarterly VI. Resolution of Outstanding Audit Findings this Agreement. period will encompass the time from 2. Action steps are implemented which all parties sign this Agreement As noted above, the Department within the timeframes set forth in this through December 31, 2004. Within the designated PRDE a ‘‘high-risk grantee’’ Agreement. first thirty days of this Agreement, the under 34 CFR § 80.12 due to numerous 3. Implementation of sub-tasks and Department will work with PRDE to serious recurring audit findings which action steps demonstrates progress agree on a more rigorous reporting uncovered deficiencies in PRDE’s towards achieving the outcomes or schedule for reporting progress during administration of Federally funded measurable objectives set forth in this the first six months following execution programs. This Compliance Agreement Agreement. of this Agreement, (the early does not absolve PRDE’s liability under The remainder of this document implementation phase of this any of these audit findings. The provides task descriptions, action steps, Agreement). Department has been working closely and measurable objectives for: (1)

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General Grants Management, (2) Federal Affairs (OFA), and the Puerto award notification is received (October Specific Program Management, (3) Rico Department of Health (PRDH), (5) 31, 2005). Payroll, and (4) Procurement and restructured budget processes ensuring Mid term: 50% of all applications will Property Management. By signing this that all agencies and programs receiving have completed the planning process Agreement and by the end of the three- Federal awards will meet stated goals, timely so that the approval process is year period covered by this Agreement, (6) measurable objectives to determine if completed by the time the grant award Puerto Rico and PRDE commit to taking the planned grants management notification is received (October 31, the necessary actions to be in full improvements are having the intended 2006). compliance with the program effect, and (7) options for further Long term: 100% of all applications requirements applicable to all modification if implementing the plan is for Federal funds will have completed Department grants for which Puerto not having the intended effect. The new the planning process timely so that the Rico and PRDE expend funds and any grants management process approval process is completed by the other requirements set forth in this implemented by Puerto Rico and PRDE time grant award notification is received Agreement. Puerto Rico and PRDE will take into account and adhere to (October 1, 2007). In addition, all commit to full implementation of Federal requirements for each program, applications for Federal funds will improved grants management, payroll, as well as other applicable accounting comply with all applicable requirements and procurement and equipment and professional standards. In addition, (October 25, 2007). inventory processes laid out in this the planning process should include Sub-Task 1.2: Application, Evaluation, Agreement and in greater detail in the citizen and/or customer input and and Approval Process PRDE Action Plans that will be feedback; input is a vital part of the incorporated by reference into this process to set goals, and feedback is External Application Goals: To submit Agreement. equally significant in assessing results. applications to the Department for A critically important aspect of the formula and discretionary grant funds in VIII. Tasks planning and design process is that it is a timely manner in substantially This section on Tasks represents what fully integrated as the foundation for approvable form. the parties have generally agreed to at other program-related decisions about Internal Application Goals: To have the time of execution of this Agreement. budgets, financial management, an internal application process that is Some of the subtasks and steps set forth personnel requirements, and other streamlined, is oriented to the needs of below may be modified as the parties resource needs. PRDE’s internal applicants for funds, agree to the Action Plans in their final The Department will continue to and provides useful information about form within thirty days. Appropriate provide technical assistance, as the allowable uses of Federal funds. modifications to this section will be appropriate, including referrals to Evaluation and Approval Process made by mutual consent of the parties successful jurisdictions for guidance. Goals: To have an evaluation and once the Action Plans are finally agreed Puerto Rico and PRDE will seek the approval process that is streamlined and to. assistance of expert consultants and rapid, and provides useful and timely other grantees to provide hands-on feedback to PRDE internal applicants. Task 1.0: Improving PRDE General The following steps will help achieve guidance in improving its grants Grants Management the goals: management process. Reasonable and A. Review all applicable Federal Overall Task Description necessary expenses for this assistance requirements, will be considered allowable costs Because the stated purpose of this B. Streamline and strengthen external chargeable to a Department grant Agreement is to improve education for application process, the students of Puerto Rico, it is critical provided an approvable application is C. Streamline and strengthen internal to successfully meeting the terms of this received in a timely manner. application process for formula grant Agreement that Puerto Rico and PRDE Sub-Task 1.1: Pre-Award Planning funds, use the first year of the next three-year Process D. Streamline and strengthen period to develop and refine long-term application process for discretionary goals, assess the current status of each Goal: To ensure that PRDE grant programs (that require subgrants to program receiving Federal assistance, application, evaluation and approval be allocated by competition), and design coherent plans to bridge the processes allow for the timely approval E. Streamline and strengthen gap between the current status of of work plans so that implementation of competitive proposal process for education in Puerto Rico and its goals Federally funded programs can external contractors (refer to of improving education and fully commence upon receipt of grant award procurement plan), complying with all Federal program notifications, i.e., in July or August of F. Ensure staff has necessary requirements. As set forth in Section I each year. knowledge and expertise to implement above, this General Grants Management The following step will help achieve revised application process, Task applies to the administration of all the goal: G. Create process to ensure proper Federal education programs Create process to ensure that budget documentation is maintained administered by PRDE. planning for all appropriate Federal throughout the application process, Effective grants management includes programs is nearly complete by receipt H. Create streamlined evaluation and the development of effective: (1) Pre- of grant award notification by approval processes that support the award planning processes, (2) grant September 30, 2005. proper use of Federal funds, and application, evaluation, and approval Measurable Objectives for Sub-Task I. Ensure staff has necessary processes, (3) baseline assessments of 1.1: knowledge and expertise to implement current PRDE practices as compared Short term: 80% of all applications for revised evaluation and approval with applicable Federal requirements, Federal funds in the OFA pilot program processes that are consistent with (4) plans for interagency coordination will have completed the planning Federal requirements. among relevant Puerto Rico agencies, process timely so that the approval Measurable Objectives for Sub-Task such as PRDE, Hacienda, the Office of process is completed by the time grant 1.2:

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External Application Process: By July Sub-Task 1.5: Program Implementation have access to high-quality technical 2006, improve and strengthen all Process assistance and training that responds to applications that are submitted to the Goal: To ensure that all PRDE staff the needs of PRDE. The following steps will help achieve Department, utilizing a revised responsible for program implementation procedure consistent with the the goals: and administration have the necessary A. Establish a formal, unified milestones contained in the grants knowledge, tools, and resources management action plan. monitoring process for all Federal necessary for implementing and programs administered by OFA, Internal Application, Evaluation, and administering Federal programs Approval Processes: By January 2007, B. Create consistent monitoring tools consistent with all applicable Federal that identify specific programmatic all applications for Federal funds are programmatic and fiscal requirements. going through the new application, requirements and align programmatic The following steps will help achieve and fiscal monitoring, and evaluation, and approval process, the goal: consistent with the planning process. C. Analyze and identify audit findings A. Identify specific technical that are repetitive across programs and Sub-Task 1.3: Interagency Process assistance available from OFA to ensure that additional monitoring is academic staff and other recipients of Goal: Ensure productive coordination performed for these programs. Federal funds, to ensure that Federal 1. Based on recent findings, conduct between PRDE and other Puerto Rico programs are implemented and Federal additional monitoring and intensive agencies, such as Hacienda, OGP, program funds are expended in a technical assistance for Migrant PRDH, and OFA, to ensure that budget manner consistent with Federal Education Program (MEP): processes operate efficiently, in requirements, accordance with PRDE procedures, and —Formalize process for maintaining B. Ensure that all staff responsible for required documentation to support in accordance with all applicable the implementation of Federal programs Federal requirements. the eligibility of students participating at all levels is aware of and familiar in the program. Ensure that Measurable Objective for Sub-Task with all applicable Federal formalized process includes all 1.3: programmatic requirements, documents required under the statute, In accordance with current PRDE C. Ensure that all staff responsible for —Train program directors, regional Special Conditions, to prepare an the implementation of Federal programs directors, and other appropriate Action Plan to address this initiative at all levels is aware of and familiar migrant staff on revised and will submit it to the Department by with all applicable Federal requirements documentation maintenance February 15, 2005. related to procurement with Federal requirements, Sub-Task 1.4: Budget Process funds, such as RFP requirements for —Conduct additional staff training for contracts, competitive bidding all relevant MEP personnel on Goal: Restructure the PRDE budget requirements (which is discussed in specific eligibility requirements of process so that all programs that receive greater detail below under Task 7.0, migrant program, such as the Federal funds will have prepared a D. Create uniform documentation definition of a qualifying move, preliminary budget and received requirement/template for all staff agricultural or fishing activity, preliminary approval from PRDE’s responsible for implementing Federal Principal Means of Livelihood budget office prior to their receipt of a programs, and (PMOL), etc. to ensure the accuracy of grant award notification. E. Ensure that all staff responsible for the Certificates of Eligibility (COE), The following steps will help achieve implementing Federal programs fully and the goal: understands Federal requirements on —Conduct additional staff training on A. Review all applicable Federal retention of documentation specific provision of services requirements, Measurable Objectives for Sub-Task requirements, including, but not B. Create detailed map of the current 1.5: limited to: budget process, including all forms and • By July 2005, there has been • Priority for services, approvals necessary for Federal funds to formalized and regularly scheduled staff • How MEP students should be be awarded and flow from PRDE to training for non-OFA, PRDE staff for served in schoolwide programs, • programs/entities, relevant central level employees who Service to private school students, C. Streamline PRDE budget process, administer Federal funds, and and • consistent with applicable Federal • By July 2006, program specific and Fiscal requirements. requirements, Federal grants management training will —Consistent with monitoring plan, D. After budget process has been have been completed for 100% of monitor revised documentation streamlined, prepare a written Central Office PRDE staff responsible for process and other migrant program document describing uniform implementing Federal programs. requirements, deliver immediate procedures that PRDE and subrecipients • Each year, there is a significant technical assistance if needed, and must follow in submission of budgets reduction in the number of sustainable —Review manual clarifying eligibility for approval by PRDE, and audit findings contained in single audit requirements of the migrant program. E. Ensure the obligation of Federal reports. If necessary, revise manual. funds in a timely manner. 2. Based on recent findings, conduct Measurable Objective for Sub-Task Sub-Task 1.6: Monitoring and Technical additional monitoring and intensive 1.4: Assistance Process technical assistance for the Even Start By July 2006, 100% of all programs Goal: To ensure that weaknesses in Program: that have received Federal funds will Federal program administration are —Formalize process for maintaining have prepared a preliminary budget identified and remedied in a timely required documentation to support according to all program requirements manner to significantly reduce audit the eligibility of families participating for 2005–2006 and received preliminary findings. in the program. Ensure that the approval from the budget office prior to Goal: To ensure that all PRDE formalized process includes all the receipt of a grant award notification. personnel who administer Federal funds documents required under the statute,

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—Train program directors, Even Start Sub-Task 1.7: Reporting • By July 2005, PRDE has trained all partners and other appropriate staff Goal: By July 2005, PRDE will ensure relevant employees on requirements on revised documentation that all reports submitted to the pertaining to schoolwide programs, and • maintenance requirements, Department are timely and accurate. By December 2006, uniform —Develop formal procedure to ensure The following steps will help achieve processes regarding schoolwide matching requirements are met or the goal: programs will be fully implemented. appropriately waived by PRDE A. Compose Master List of all Sub-Task 1.10: Implementation of consistent with the statutory performance and financial reports due Reorganization Plan requirements, and to the Department under applicable —Develop formal monitoring process, requirements, and Goal: PRDE’s OFA will implement consistent with statutory B. Identify PRDE staff responsible for new processes and a new organizational requirements, to measure whether completing and filing all required structure to ensure the efficient and there is sufficient progress and reports. effective administration of all the indicators of program quality by Even Measurable Objective for Sub-Task Federal funds it administers and to Start subrecipients. 1.7: ensure the administration of those funds D. Schedule integrated monitoring By July 2005, PRDE will ensure that in compliance with all applicable visits according to identified needs, all reports submitted to the Department Federal requirements. E. Train employees who will be are timely and accurate. Measurable Objectives for Sub-Task conducting monitoring visits, 1.10: Sub-Task 1.8: Private Schools and • By December 2004, a new human F. Improve access to information Equitable Services about monitoring process for PRDE resource plan will be implemented, and programs/offices that will be monitored, Goal: PRDE is in compliance with all • By July 2006, most new processes G. Develop a Master Technical Federal requirements applicable to contained in this grants management Assistance Plan for PRDE programs in private schools, including the plan will be operational, leading to a accordance with results from requirements for providing equitable substantial reduction in audit findings. monitoring process, services to private school students. The following step will help achieve Sub-Task 1.11: Implementation of H. Create links between the Puerto Rico’s Integrated Financial Department’s website, other educational the goal: Compose a Master List of all Federal Administration System (PRIFAS) Grants websites and PRDE’s website, Management and Project Modules I. Develop a plan to properly programs that contain requirements document PRDE technical assistance, regarding participation by private Goal: PRDE’s OFA will implement the school students, including equitable J. Train employees who will be giving PRIFAS grants management and project services requirements, and provide technical assistance, and module to improve PRDE’s control over appropriate training on these the timely obligation of Federal funds K. Ensure that any weaknesses or requirements to appropriate PRDE and bring PRDE into compliance with instances of non-compliance are personnel. Federal requirements applicable to the identified and corrected in a timely Measurable Objectives for Sub-Task period of availability of funds, cash manner. 1.8: management, and proper liquidation of Measurable Objectives for Sub-Task • By July 2005, PRDE has trained all obligations. 1.6: relevant employees on the equitable Measurable Objective for Sub-Task • By April 2005—A master services requirements in the Federal 1.11: monitoring plan will be created, based programs administered or monitored by on past findings, targeting high need By January 2005, the new PRIFAS those employees, and grants management and project module programs first, including MEP and Even • By July 2006, uniform processes will be operational. Start, regarding equitable services • By August 2005—Uniform requirements will be fully implemented. Sub-Task 1.12: Puerto Rico as an SEA/ monitoring instruments will be created LEA for each Federal program and program/ Sub-Task 1.9: Schoolwide Programs Goal: PRDE will work with the fiscal monitors will use these Goal: PRDE complies with all Department to identify PRDE’s needs for instruments for their monitoring Schoolwide program requirements technical assistance on the issue of best activities, The following steps will help achieve • practices in grants administration by a By July 2006—Regular monitoring the goal: single SEA and LEA by February 15, by appropriate staff will be fully A. Create a work group to review the 2005. implemented, schoolwide program process and make • By July 2006—Regular, high-quality recommendations for, and implement, Task 2.0: Improving PRDE Grants technical assistance will be provided by improvements in the process. Management—Community Schools PRDE to PRDE staff regarding Federal B. Improvements will include Administration requirements. Technical assistance will identifying Master List of all schools Sub-Task 2.1: Improving Accounting be provided prior to the delivery of eligible for schoolwide program status Records at the Community Schools Federal program services by PRDE and ensuring that all schools deemed Administration: personnel and will promptly respond to eligible and included in the Master List any weaknesses discovered in the have the required elements in their Goal: Develop comprehensive plan to monitoring process, and schoolwide plan, and ensuring that resolve accounting issues described in Each year, there is a significant fiscal and programmatic requirements of Single Audit findings. reduction in the number of sustainable schoolwide schools are understood by The following steps will help achieve audit findings contained in single audit relevant staff. the goal: reports, particularly in the number of Measurable Objectives for Sub-Task A. Map out community school recurring audit findings. 1.9: administration responsibilities, and

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B. Streamline the application/ including the request to extend and Task 5.0: PRDE Grants Management— approval/distribution process to revise the plan, the budget for year six, Special Education Program schools. and the agreed-upon adjusted Sub-Task 5.1: Monitoring and Corrective Measurable Objective for Sub-Task performance levels for year six, Action Process 2.1: F. Ratify past actions of the Puerto By February 15, 2005, in accordance Rico Secretary of Education and the Goal: Ensure non-compliance with the special conditions, PRDE will PRDE, identified through monitoring is corrected within one year of its complete a comprehensive plan to G. Adopt any necessary revision to identification. strengthen the accounting records of the ensure conformity with the State Plan, Community Schools Administration and The following steps will help achieve submit it to the Department. H. Submit certifications required to be the goal: included in the State Plan, A. Ensure personnel responsible for Sub-Task 2.2: Improving Cash I. Complete the document that the implementation of IDEA Management at the Community Schools delegates to PRDE the authority to requirements fully understand those Administration receive, hold, and disburse funds requirements and, where non- Goal: Develop a comprehensive plan awarded under the State Plan, and compliance is identified, understand to resolve cash management issues at J. Create a detailed map of the current and implement the corrective actions the public school level identified and application process both for PRDE needed to ensure correction of all non- described in Single Audit findings. applications to the Department and compliance within a reasonable period Measurable Objective for Sub-Task PRDE application requirements for of time not to exceed one year from 2.2: Department funds within PRDE. identification, By February 15, 2005, in accordance Measurable Objective for Sub-Task B. Provide training and technical with the special conditions, PRDE will 3.1: assistance in a comprehensive and complete a comprehensive plan to Short Term—30% of all internal systematic manner to staff in districts or strengthen cash management at the applications work plans for Federal sites where non-compliance is public school level and submit it to the funds will be almost operational by the identified to ensure the correction of all Department. time Grant Award Notification is non-compliance within a reasonable Sub-Task 2.3: Implementation of received in July 2005. period of time not to exceed one year PRIFAS Grants Management and Project from identification, Task 4.0: Improving PRDE Grants Modules C. Provide technical assistance on the Management—Adult Education development and implementation of Goal: PRDE’s Community Schools Program corrective action plans to ensure that Administration will implement the they are developed and implemented in PRIFAS grants management module and Sub-Task 4.1: Monitoring and Technical Assistance Process a manner that addresses all areas of project module to improve control over identified non-compliance, the timely obligation of funds, comply Goal: Monitor and administer the D. Provide technical assistance and with period of availability requirements, Adult Education program effectively feedback to district and other personnel cash management, and proper and in compliance with all applicable to ensure that the corrective action liquidation of obligations. requirements. plans submitted to PRDE are designed to Measurable Objective for Sub-Task The following steps will help achieve correct all areas of non-compliance 2.3: the goal: within a reasonable amount of time, not By July 2005, the new PRIFAS grants to exceed one year from the management and project modules will A. Create detailed map of current monitoring process, identification of the non-compliance, be in operation. E. Request and review progress B. Identify criteria to be used in reports from regions, districts and other Task 3.0: Improving PRDE Grants identifying monitoring needs, Management—Vocational Education sites that are implementing corrective C. Align programmatic monitoring Program action plans, activities with fiscal monitoring F. Ensure follow-up activities in Sub-Task 3.1: Improving the activities regions, districts and other sites that Application Process D. Rank program projects by have corrective action plans to ensure Goal: Compliance with the Federal monitoring needs, that the identified non-compliance has vocational education requirement for a E. Develop a master monitoring been addressed and is not recurring, State Board to serve as the eligible schedule that coordinates the G. All monitoring findings will be agency, and related conditions in monitoring of adult education projects, corrected within one year of PRDE’s Perkins III grant. F. Train employees who will be identification, The following steps will help achieve conducting monitoring visits, H. List any sanctions imposed on a the goal: G. Improve communication between district or school for failure to come into A. Establish the new State Board for adult education and all programs, compliance with the IDEA requirements Vocational and Technical Education as agreed upon in the corrective action within PRDE (completed—EO 2004–29), H. Create a detailed map of the plan, and B. Nominate members of the new current technical assistance process, I. If PRDE, or any district or school State Board (completed), I. Identify technical assistance failed to achieve compliance and no C. Create a draft of the new State resources for developing and additional actions, including sanctions Board Rule, completing applications available from were identified, required, or imposed, D. Create a chart of the new the Department, and PRDE must explain the basis for not governance structure of the State Board, J. Develop a master technical taking additional actions. E. Adopt the State Plan for Vocational assistance plan for the Adult Education Measurable Objective for Sub-Task Education submitted by PRDE, Program. 5.1:

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• All monitoring findings are Sub-Task 5.3: Implementation of compliance with Federal time corrected under the new monitoring PRIFAS Grants Management and Project distribution requirements. system within a reasonable period of Modules The Department will assess progress in meeting the terms of this Agreement time, not to exceed one year from Goal: PRDE’s Office of Special under the ‘‘Payroll’’ task by the systemic identification of the monitoring finding, Education will implement the PRIFAS • approaches and degree of integration Correction of findings from 2002– grants management and project module that Puerto Rico and PRDE bring to 2003 and 2003–2004 school years is to improve control over the timely designing and implementing solutions reported to the Department’s Office of obligation of funds, and comply with to longstanding problems in the payroll Special Education (OSEP) no later than requirements concerning period of area. July 1, 2005. Thereafter, each quarterly availability, cash management, and report, as part of this Compliance proper liquidation of obligations. Sub-Task 6.1: Improving Employee Agreement, includes documentation of The following steps will help achieve Hiring and Transfer Processes correction of monitoring findings within the goal: a reasonable period of time, not to Goal: To ensure that employees newly A. Define new processes and exceed one year from identification, hired and employees transferred (i.e., procedures for use of PRIFAS module • Develop and implement an effective due to demotion, assignment changes, by program managers, etc.) are properly captured in the set of procedures for sanctioning B. Train users on use of PRIFAS, persistent long-standing non- PRIFAS system. C. Train users on proper fiscal grants compliance, The following steps will help achieve • management issues (liquidations of the goal: Analyze existing procedures, obligations, timely obligation, etc.) to • A. Electronic register for special Amend existing procedures, as ensure effective use of PRIFAS, and recruitment—To accelerate document necessary, and D. Implement use of PRIFAS grants flow and to avoid loss of documents by • Apply new sanction procedures management and project modules. eliminating or reducing physical where required to ensure correction, by Measurable Objective for Sub-Task document flow from users (regions and January 1, 2006. 5.3: central office) to Payroll Office Sub-Task 5.2: Ensuring Accurate Child By January 2005, the new PRIFAS (changing from a paper to an electronic Count Reports grants management and project modules process will increase efficiency and will be operational as to PRDE’s Office eliminate loss or misplaced records), Goal: Ensure Child Count Reports of Special Education. and submitted to the Department are B. Letters and reports for transitory accurate. Task 6.0: Improving Payroll System and probation position expiration—To The following steps will help achieve Overall Task Description improve reporting to employees the the goal: expiration of transitory and probation A. Ensure that the staff responsible for It is critical to successfully meeting periods so as to avoid having to keep the child count reports understand the the terms of this Agreement that Puerto them as regular employees. requirements, processes and timelines Rico and PRDE use the next three years Measurable Objective for Sub-Task to collect the information and report the to develop adequate controls over a 6.1: data, payroll system capable of ensuring that By January 2005, all human resources B. Provide training and technical all employees on the payroll system are ‘‘events,’’ such as new employees hired, assistance regarding the collection of the authorized and that all payroll charges transferred, etc., will be accurately Child Count data, made to a Federal account are allocable reflected in the STAFF system (the to that Federal account. The system C. Provide training and technical payroll system used by PRDE). developed under this Agreement must assistance regarding Child Count data include a formal process for certifying Sub-Task 6.2: Time Distribution entry, all employees’ work and must reflect D. Ensure that the Child Count data Goal: Ensure proper allocation of actual time and effort by each employee Federal funds by PRDE, based on collected and reported is valid, accurate whose salary is charged directly to a and timely, employees’ time and effort, consistent Federal account. The payroll system with applicable Federal requirements. E. Develop validation process though must be updated in a timely fashion so The following steps will help achieve sample comparison and analysis at as to reflect any changes in funding the goal: school, school district and regional level source and must provide for the A. Data entry without GL–200—To that ensures that all students receiving maintenance of appropriate accounting allow Time Distribution office to enter special education and related services records that can be made available in effort reported through time sheets are identified and included in the child the event of an audit. PRDE must be able without having received the count data reports, to account for salary payments to corresponding payroll data from F. PRDE will continue to run side-by- employees who split their time between Hacienda, so as to accelerate the entry side comparisons of the paper and Federal and other programs, or among of effort allocation data, electronic process to determine and more than one Federal program. Any B. Data entry productivity report (by verify the accuracy of the data, and indirect payroll charges to Federal user)—To report on the amount of data G. By December 1, 2005, PRDE will accounts must be allocable to that entry performed by users so as to allow ensure that the child count report program and must otherwise be Time Distribution management to reflects a complete and accurate count appropriate and consistent with Federal review the productivity of each of all children served. requirements. Additionally, the salaries employee regarding data entry tasks, Measurable Objective for Sub-Task of employees who work under more C. Time sheet/STAFF discrepancy 5.2: than one Federal program must be report—To report on data changes made By 2005, PRDE will ensure that the properly allocated among those by Time Distribution office based on Child Count report reflects an accurate programs, in accordance with accurate Time sheets, so that these corrections count of all children served. time distribution records and in can be submitted to Human Resources

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for entry into the Human Resources Payroll system sometime after he/she of these transactions into the Payroll system, has started to work, therefore a payment card, by generating them D. Missing localization code report— retroactive payment has to be made. automatically when Payroll transactions To modify several reports to include the E. New module for massive payments/ are generated. description of the location of the deductions—To facilitate generating N. Automatic production of RHUM employees, payroll transactions by creating a transaction files (partially belonging to E. Effort allocation report—To provide module to allow users to manage all of pipeline)—To integrate all Payroll an analysis report that shows the the steps involved in handling special transactions into a single file and to employee efforts that were applied to generic payroll transactions. An produce it through a completely federally funded projects by those example of where this module might be automated process. employees that were paid from state used would be in the creation of fixed O. Error correction—To provide users funds, and vice versa, and amount or fixed percentage salary with a report on rejected transactions, F. Massive allocation of effort data increases for certain types of personnel. together with the reason for the (school-wide)—To facilitate the data F. Code table maintenance—To rejection, so that these transactions can entry of employee effort by allowing this facilitate table maintenance in the be corrected. Most errors should be effort to be entered at different levels, Human Resources system through a corrected in the same payroll run. i.e., for a specific employee, for all more friendly interface. P. Transaction resubmission—To give employees in a school, for all employees G. Account number/position number users the opportunity to resubmit for in a group of schools, etc. validation—To make sure only federal processing in the same payroll the Measurable Objective for Sub-Task account numbers are assigned to rejected transactions, after they have 6.2: federally funded positions and local been corrected. Most corrections should By December 2005, PRDE will account numbers are assigned to locally be submitted by the same payroll run. properly record time distribution on a funded positions. Q. Inclusion of rejections in item quarterly basis for all employees that H. History of account number balancing and reconciliation—To distribute their time among Federal changes—To keep track of changes provide users with control totals programs or among State and Federal made by Time Distribution Office to regarding the rejected transactions so programs. correct account numbers in Time that they can account for all transactions Distribution data. A report will be submitted to payroll. Transactions Sub-Task 6.3: Semimonthly Payroll produced to inform Positions accepted plus transactions rejected must Process Department of these changes, so that equal total transactions. Goal: Ensure that PRDE pays they can make them in STAFF. R. Consolidation of error files—To employees from the appropriate Federal I. Report on payroll payments with facilitate the correction of rejected account(s) each time salary payments accounts that have expired, or are about transactions by consolidating all error are made. to expire (0/30/60/90 aging report)—To messages in the same transaction file The following steps will help achieve provide the Positions Department with sent to Hacienda. the goal: information on accounts already, or S. Readable error messages—To A. Electronic DE–15/409 (pipeline)— soon to be, expired, so that actions are facilitate the correction of rejected To accelerate document flow and to taken about the employees being paid transactions by rephrasing all error avoid loss of documents by eliminating by these accounts. messages to make them more or reducing physical document flow J. Global payment financial impact understandable to users. from users (regions and central office) to report (all global payments [for example, T. RHUM/STAFF discrepancy reports Payroll Office. vacation excess] with an effective date (account numbers, gross salary, B. Position management—To allow older than the last account number employee location)—To identify data users to make changes to positions with change are to be reported so as to allow discrepancies between Hacienda Payroll minimal human intervention and the finance department to make any system and PRDE Human Resources following a controlled process. For necessary adjustments)—To report on system. For example, discrepancies in example, to activate, deactivate, and all global payments [for example, account number, employee location, change locations for a given group of vacation excess] with an effective date employee salary, etc. positions. older than the last account number U. Discrepancy management C. Additional pay management—To changes, so as to allow the Finance module—To support users in the improve controls on additional pay by Department to make any necessary process of correcting discrepancies. For ensuring that additional pay to adjustments. example, to keep track of all positions, instead of employees. When K. Position authorization code discrepancies pending correction, all an employee record is entered, its control—To establish a standard set of discrepancies already corrected, etc. corresponding additional pay (if any) rules so that when certain Human Discrepancies must be corrected on a will be taken from its position record. Resources actions occur (terminations, periodic basis, as supported by the When an employee moves into a suspensions, reassignments to another resources available. different position, its additional pay position, etc.) the system can evaluate V. Missing employee reports (STAFF will not move with the employee. A that position and determine its proper not RHUM, RHUM not STAFF)—To history will be maintained of all authorization code authorized for identify employees in Hacienda’s changes to the differential amount hiring, frozen, etc. Payroll system that are not in PRDE’s associated with each position. L. Automatic generation of Human Resources system, and vice- D. Automatic generation of retroactive transactions by STAFF (pipeline)—To versa. payments (pipeline)—To reduce human avoid manual entry of Payroll W. Item reconciliation (Payroll/ intervention by automatically transactions, by generating them RHUM)—To make sure all transactions calculating the corresponding automatically when the Human are properly accounted for by retroactive payment when an employee Resources transactions are entered. calculating and balancing control totals. already hired is entered into Payroll. M. Automatic generation of entries to For example, transactions sent to Usually the employee is entered into the payment card —To avoid manual entry Hacienda must be equal to transactions

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accepted plus transactions rejected. This to develop adequate controls over its Sub-Task 7.1: Vendor and Selection balancing must be done for each payroll procurement and equipment inventory Process run. systems. PRDE must finalize its revised Goal: Ensure contracts supported with X. Limit test for salary (by category)— contracting and procurement Federal funds are awarded To reduce data entry errors by procedures ensuring compliance with competitively in a manner consistent establishing a limit test for salaries, both all applicable Federal requirements. with applicable Federal requirements when entering salaries for positions and Once PRDE has developed contracting and Puerto Rico law. for employees. and procurement procedures that The following steps will help achieve Y. Limit test for global payments—To comply with all applicable Federal the goal: reduce data entry errors by establishing requirements, PRDE must adopt and A. Contracts for Goods and a limit test for global payments made to begin implementing those procedures so Nonprofessional Services: employees, and that all contracts are awarded, and all 1. Complete revision of Puerto Rico Z. Pay period control. equipment and supplies are procured, and PRDE’s procedures for procurement Measurable Objective for Sub-Task through PRDE’s revised procedures, of goods and nonprofessional services, 6.3: ensuring that such procedures are By June 2005, to reduce the number with the exception of those cases that meet specific limited exceptions. To consistent with Federal law and of payroll errors, assure prompt procurement standards including 34 correction of any payroll errors, and fully comply with this Agreement, PRDE must also ensure that any non- CFR 80.36, and with Puerto Rico law, bring the payroll system into full 2. Provide the Department with an compliance with Federal payroll competitive procurement transactions it undertakes comply with all applicable English version of PRDE’s final accountability requirements. procurement procedures (English Federal requirements and cost translation of draft procedures has Sub-Task 6.4: Interagency Process principles, that any sole source already been provided), Goal: Ensure productive coordination contracts awarded by PRDE are only 3. Complete training of appropriate with other PR agencies, such as awarded in accordance with Federal staff on revised approved procedures, Hacienda, to ensure PRDE procurement requirements pertaining to sole source applicable Federal requirements, and process runs smoothly and according to contracts, that procurement is internal controls, established PRDE procedures that undertaken and contracts awarded 4. Monitor procurement process, to conform to applicable Federal without conflict of interest, and that all ensure that all contracts are awarded in procurement law and standards. required documentation as to every accordance with PRDE’s approved PRDE will prepare an Action Plan transaction and contract is properly revised procedures, and addressing this initiative and will maintained by PRDE. 5. Ensure staffing is at appropriate submit it to the Department by February levels to manage the procurement 15, 2005, in accordance with PRDE Through this Compliance Agreement, Puerto Rico and PRDE’s manner of process, in accordance with revised Special Conditions currently in effect. approved procedures. Measurable Objective for Sub-Task managing equipment inventory will be such that items purchased with Federal B. Contracts for Professional Services: 6.4: 1. Complete new guidance for the PRDE will develop an Action Plan to program funds can be tracked, distributed in a timely manner, procurement of professional services address issues of improved interagency with Federal program funds, based on allocable to the Federal program to coordination in Puerto Rico, and will models such as ‘‘best practices’’ from which they were charged, and used for submit it to the Department by February other States, the Federal Acquisition 15, 2005, the due date established in the the benefit of Puerto Rico’s students. Regulations (FAR), PRDE Special Conditions currently in The equipment inventory system will 2. Ensure compliance with applicable effect. comply with Federal regulations, to Federal law, including the standards Sub-Task 6.5: Draw Downs of Federal include tagging and tracking of contained in 34 CFR 80.36, and Puerto Funds inventory and prompt delivery of Rico law, property purchased with Federal funds 3. Ensure that its procurement Goal: Ensure Federal funds are to the appropriate location, so that items procedures conform to the new properly drawn down by PRDE from the may be used for the purposes of the guidance, as required by Federal appropriate Federal account and ensure program under which they were regulations and Puerto Rico law, that Federal funds are properly purchased. Puerto Rico and PRDE’s 4. Complete training of appropriate obligated and liquidated in accordance inventory policy will include an staff on new guidance, Federal with Federal cash management established procedure for replacement requirements and internal controls, regulations. or payback of any items in the inventory 5. Monitor procurement process to Measurable Objective for Sub-Task that cannot be located, consistent with ensure all Federally-funded contracts 6.5: are awarded in a manner consistent In accordance with PRDE Special Federal regulations. Ultimately, PRDE’s inventory management system will with PRDE’s new final procedures, and Conditions currently in effect, PRDE 6. Ensure staffing is at appropriate will prepare an Action Plan addressing reflect when items are ordered, when ordered items arrive, when items are levels to manage the procurement this sub-task and submit it to the process. Department by February 15, 2005. logged into the system, and when they are delivered to the intended location. C. Implement plan for increasing the Task 7.0: Procurement and Equipment In addition, Puerto Rico and PRDE will number of vendors available to do business with PRDE: Inventory ensure that inappropriate use of 1. Develop a ‘‘How To Do Business equipment (for example, vehicles or Overall Task Description with PRDE’’ section of the PRDE Web It is critical to successfully meeting computers) is penalized and that the site. The instructions will be posted in the terms of this Agreement that Puerto Department programs are reimbursed, English and Spanish and will explain Rico and PRDE use the next three years when appropriate. how vendors can register with Puerto

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Rico or PRDE, what documents they Sub-Task 7.3: Contract Execution and number; the source; the holder of title; need to provide, and how the Management Process the acquisition date; the cost; the procurement process works, and Goal: To ensure the timely and percentage of Federal participation in 2. Complete revision of the existing appropriate delivery of goods and the cost; the current location; the use PRDE vendor registry to determine areas services. and condition; and any information where too few vendors are registered. The following steps will help achieve regarding its disposal, including the Complete development of an outreach to the goal: disposal date or date of sale, vendors to encourage vendors in those A. Short-Term Improvements: B. Develop a plan for incorporating areas to register. historical assets into the asset Measurable Objectives for Sub-Task 1. Streamline the current contracting process, management system, and 7.1: C. Develop an interim plan for • By February 2005, PRDE will have 2. Ensure that staff has the necessary expertise to track payments, determine accounting for assets. final revised procurement procedures Measurable Objectives for Sub-Task that are in compliance with applicable if goods and services have been delivered, and follow up with vendors, 7.4: Federal law and standards, including • Short-Term—Record 60% of newly those in 34 CFR 80.36, and with Puerto and 3. Develop a process to ensure acquired property using manual logs Rico law, and 40% with asset management • By February 2005, PRDE will retention and safeguarding of all documentation relating to each contract system. provide the Department with an official • English translation of its final revised supported with Federal funds in a Long-Term—Record 100% of newly procurement procedures, and central location, and ensure that such acquired property using an asset • By February 2006, 100% of all documentation can be made available management system. contracts supported with Federal funds for review. Sub-Task 7.5: Payment Process— will be awarded in accordance with B. Mid-Term Improvements: Verifying invoices by matching final revised procedures developed by 1. Ensure staff has all necessary purchase orders, liquidating obligations, PRDE to ensure compliance with capacity to track payments, determine if and recording payments Federal procurement law and standards. goods or services have been delivered and follow-up with vendors, and Goal: Ensure the process of paying a Sub-Task 7.2: The Contracting Process 2. Further streamline the contracting vendor permits: (1) the timely Goal: Ensure the process of selecting process. liquidation of obligations; and (2) the a vendor, entering into a contract and C. Long-Term Improvements: timely delivery of goods and services. issuing a purchase order permits: (1) the Implement technological In accordance with PRDE Special timely obligation of Federal funds, (2) improvements and capabilities to Conditions currently in effect, PRDE the timely delivery of goods and automate the contract management may expand this initiative to address services purchased with Federal funds, process (which relates to the inventory additional areas of concern and and (3) the timely payment of a vendor management initiative below). resubmit to the Department by February with Federal funds. Measurable Objectives for Sub-Task 15, 2005. The following steps will help achieve 7.3: The following steps will help achieve the goal: • For offices using PRIFAS: the goal: A. Short-Term Improvements: Short-Term—Identify 50% of goods A. Short-Term Improvements to 1. Streamline the current contracting and services not delivered and take Payment Process: process, appropriate action within 10 days of the 1. Streamline the current process, 2. Ensure that staff has the necessary agreed-upon delivery date, and 2. Ensure staff has the necessary expertise to process requisitions, Long-Term—Identify 100% of failed expertise to process invoices and issue confirm budget resources, select a delivery and take appropriate action checks, and vendor and issue a purchase order, and within 10 days of agreed-upon delivery 3. Develop a process to retain and 3. Develop a process to ensure safeguard all necessary documentation retention and safeguarding of all date. • For office not using PRIFAS: in a specific location and make documentation supporting each documentation accessible for review. transaction with Federal funds in a Short-Term—Identify 30% of goods and services not delivered and take B. Mid-Term Improvements: specific location, and ensure that such 1. Ensure staff has necessary capacity documentation can be made available appropriate action within 10 days of the agreed-upon delivery date, and to process invoices and issue checks, for review. and B. Long-Term Improvements: Long-Term—Identify 100% of failed 1. Ensure that staff has the necessary delivery and take appropriate action 2. Further streamline the payment capacity to process requisitions, confirm within a reasonable period of agreed- process. budget resources, select a vendor and upon delivery date. C. Long-Term Improvements: 1. Implement technological issue a purchase order, and Sub-Task 7.4: Inventory Management 2. Further streamline the contracting improvements to automate the payment process. Goal: Ensure that all property process, and Measurable Objectives for Sub-Task acquired with Federal funds is tracked, 2. Redesign the payment process by 7.2: accounted for, and maintained in creating a cohesive ‘‘work unit’’ to make • Short-term—By July 2005, 50% of accordance with Federal and Puerto more efficient use of PRDE resources. all contracts are processed through the Rico law. D. Payment of currently due invoices: streamlined process whereby goods and The following steps will help achieve 1. Identify any invoices currently due, services are timely delivered once a the goal: and need is identified, and A. Develop a system for tracking 2. Complete processing of payments • Long-term—By January 2006, 100% property that records the following with using pilot streamlined procedures. of all contracts are processed through regard to the property purchased: a Measurable Objectives for Sub-Task the streamlined process. description; a serial or identification 7.5:

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• Short-Term—By January 2005, 50% Sub-Task 7.7: Proper Draw Downs of Effective Date and Modification of of all invoices are paid through the Federal Funds Agreement: streamlined process, and Goal: Ensure that Federal funds are This Compliance Agreement will take • Long-Term—By December 2006, properly drawn down from the effect upon execution by all the parties 100% of all contracts are paid through appropriate account to make certain that and may be modified or amended only the streamlined process. expenditures are properly obligated, by mutual written agreement of all the Sub-Task 7.6: Interagency Process liquidated, and charged in accordance parties hereto. with applicable Federal cash For the Commonwealth of Puerto Rico: Goal: Ensure productive coordination management statutes and regulations. with other Puerto Rico agencies, such as Dated: October 25, 2004. In accordance with the PRDE Special ______Hacienda, to make certain procurement Conditions currently in effect, PRDE /s/ process runs appropriately and will prepare an Action Plan addressing Sila Marı´a Caldero´n according to established PRDE this initiative and will submit that Governor procedures. action plan to the Department by For the Puerto Rico Department of The following step will help achieve February 15, 2005. Education: the goal: Measurable Objectives for Sub-Task Dated: October 25, 2004. In accordance with the PRDE Special 7.7: ______/s/______Conditions currently in effect, PRDE Development and submission to the ´ ´ will prepare an Action Plan addressing Department of an Action Plan to address Cesar Rey Hernandez this initiative and will submit that the interagency process by February 15, Puerto Rico Secretary of Education Action Plan to the Department by 2005. For the U.S. Department of Education: February 15, 2005. The parties to this Compliance Dated: October 25, 2004. Measurable Objective for Sub-Task Agreement, the U.S. Department of ______/s/______7.6: Education, the Puerto Rico Department Rod Paige Development and submission to the of Education, and the Commonwealth of U.S. Secretary of Education Department of comprehensive plan to Puerto Rico, agree to faithfully carry out address the interagency process by the terms of this Agreement, as set forth [FR Doc. E7–20842 Filed 10–22–07; 8:45 am] February 15, 2005. above. BILLING CODE 4000–01–P

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Part VI

Department of Education Compliance Agreement; Notice

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DEPARTMENT OF EDUCATION Washington, DC 20202–6132. imposed separately by various Telephone: (202) 205–3511. Department program offices upon Compliance Agreement If you use a telecommunications individual grant awards. The need for device for the deaf (TDD), you may call these Department-wide special AGENCY: Department of Education. the Federal Relay Service (FRS) at 1– conditions stems from the VI’s failure to ACTION: Notice of written findings, 800–877–8339. meet the terms of the Agreement, which compliance agreement with the Virgin Individuals with disabilities may was executed on September 23, 2002, Islands, and subsequent actions. obtain this document in an alternative and expired on September 23, 2005, format (e.g., Braille, large print, with the VI still in substantial non- SUMMARY: This notice is being published audiotape, or computer diskette) on compliance. in the Federal Register consistent with request to the contact person listed The Department entered into the sections 457(b)(2) and (d) of the General under FOR FURTHER INFORMATION Agreement in 2002 because it had found Education Provisions Act (GEPA). CONTACT. serious and recurring fiscal and Section 457 of GEPA authorizes the U.S. programmatic accountability SUPPLEMENTARY INFORMATION: The VI is Department of Education (the deficiencies in the administration of an insular area that is authorized under Department) to enter into a compliance Department programs by the VI, VIDE, 48 U.S.C. 1469a to consolidate formula agreement with a recipient that is failing and other agencies of the government of grant funds allocated to it under various to comply substantially with Federal the VI dating back several years. Federal education programs and use program requirements and for whom the Specifically, the Department had found those funds for the purposes of one or Department determines that full deficiencies in key aspects of the VI’s more programs included in the compliance is not feasible until a future procurement process; program planning consolidated grant. See also 34 CFR date. Section 457(b)(2) requires the and implementation; and financial and 76.125–76.137. Under that authority, the Department to publish written findings property management, including, but leading to a compliance agreement, with Virgin Islands Department of Education not limited to, the VI’s lack of a copy of the compliance agreement, in (VIDE) has historically consolidated appropriate record keeping to account the Federal Register. If a recipient fails formula grant funds allocated to it under for the use of Federal funds and its to comply with the terms and the Elementary and Secondary failure to obligate and draw down funds conditions of a compliance agreement, Education Act of 1965, as amended and liquidate obligations on a timely the Secretary may take any action (ESEA), the Carl D. Perkins Career and basis. The VI also had failed to submit authorized by law with respect to the Technical Education Act of 2006 (CTE) timely and sufficient audits. As a result recipient. (formerly the Carl D. Perkins Vocational of these major problems, in September and Technical Education Act), and the On September 23, 2002, the 1999, the Department designated the VI Adult Education and Family Literacy Department entered into a compliance as a ‘‘high-risk grantee’’ under 34 CFR Act (Adult Education) and used those agreement (Agreement) with the U.S. 80.12(a) and, consistent with that funds to implement three programs: Virgin Islands (VI) because the designation, imposed special conditions Title V, Part A (formerly Title VI) of the Department determined from all on a number of grant awards to the VI ESEA, CTE, and Adult Education. The available information that the VI would and its agencies. But, even after the VIDE also receives additional funding not be able to come into full compliance imposition of these special conditions, under the authority of a number of other with applicable Federal regulations for the VI continued to have significant Department programs. Additionally, the administration of Department problems in administering Department VIDE and the Virgin Islands Department programs until a future date. grant programs, resulting in continued of Health (VIDH) carry out programs Notwithstanding the Agreement, and noncompliance with various under Parts B and C of the Individuals intensive and frequent technical programmatic and fiscal requirements with Disabilities Education Act (IDEA); assistance by the Department, when the applicable to those programs. IDEA funds are not subject to the term of the Agreement ended on In May 2001, officials from the consolidation authority under 48 U.S.C. September 23, 2005, the VI was Department met with VI officials to 1469a and 34 CFR 76.125–76.137. substantially in non-compliance with discuss the continuing deficiencies in VIDH’s IDEA Part C grant funds for Federal requirements. Therefore, the the administration and implementation fiscal years 2002 through 2007 are Department has imposed special by the VI of the Department’s programs. subject to special conditions to ensure conditions and has taken a number of The parties reached an agreement on the fiscal accountability. Finally, the Virgin other important measures in its wide-scale and significant corrective Islands Department of Human Services continuing effort to bring the VI into full actions that the VI would have to make (VIDHS) also receives Department compliance with all Federal in order for the Department to continue funds. requirements pertaining to the to provide funds to VI agencies. It was Because of longstanding and recurring administration of Department programs. at this time that the Department findings of fiscal and programmatic Most notably, the special conditions suggested that the VI and the accountability deficiencies in the currently in effect require the VI to Department enter into a compliance administration of Department programs procure, and maintain, the services of a agreement, pursuant to section 454 of by the VI and several of its departments third-party fiduciary agent to perform GEPA, to apply to all Department grants (as discussed in detail in the following the financial management duties awarded to the VI. The purpose of the paragraphs), the Department has required under Federal regulations for compliance agreement would be to imposed special conditions, on a all Department grants, which the VI bring the VI ‘‘into full compliance with Department-wide basis, on all accomplished beginning in August the applicable requirements of the law Department grants awarded to the VI. 2006. as soon as feasible and not to excuse or These Department-wide special remedy past violations of such FOR FURTHER INFORMATION CONTACT: Mr. conditions are different from the fiscal requirements.’’ 1 20 U.S.C. 1234f(a). In Phil Maestri, U.S. Department of special conditions imposed separately Education, Office of the Secretary, 400 on the IDEA Part C grant and from the 1 Section 454 of GEPA, 20 U.S.C. 1234c, sets out Maryland Avenue, SW., room 7E206, programmatic special conditions the remedies available to the Department when it

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order to enter into a compliance affected its ability to manage of the Agreement) is included as agreement with the VI, the Department Department funds and administer appendix A of this notice. had to determine, in written findings, Department programs. The Department Electronic Access to This Document that the VI would not be able to comply continued to monitor the VI’s until a future date with the applicable compliance with the terms of the You may view this document, as well program requirements and that a Agreement and provided frequent, as all other Department of Education compliance agreement would be a intensive technical assistance to the VI documents published in the Federal viable means for bringing about such during the course of its three-year term. Register, in text or Adobe Portable compliance. In March 2005, the Department notified Document Format (PDF) on the Internet In accordance with the requirements the VI of its concerns regarding the VI’s at the following site: http://www.ed.gov/ of section 457(b) of GEPA, 20 U.S.C limited progress in meeting the goals of news/fedregister. 1234f(b), Department officials the Agreement. The Department To use PDF you must have the Adobe conducted public hearings in the VI in required the VI to demonstrate why the Acrobat Reader Program with Search, February 2002. Witnesses representing Department should not begin to take which is available free at this site. If you VIDE, students and parents, and other immediate remedial action under the have questions about using PDF, call the concerned organizations and terms of the Agreement. After U.S. Government Printing Office (GPO), individuals testified at these hearings on considering the VI’s response, the toll free, at 1–888–293–6498; or in the the question of whether the Department Department concluded that the VI had Washington, DC area at (202) 512–1530. should grant VIDE’s request to enter into failed to meet on a timely basis key Note: The official version of a document is a compliance agreement. The terms and conditions of the Agreement the document published in the Federal Department reviewed this testimony that are critical to successful Register. Free Internet access to the official and all other relevant materials and compliance with applicable edition of the Federal Register and the Code concluded that, while the Department requirements and that the VI would not of Federal Regulations is available on GPO had been working closely with VIDE be able to meet all of the terms and Access at: http://www.gpoaccess.gov/nara/ and with other VI agencies to address conditions of the Agreement by its index.html. the major issues that the VI had been expiration on September 23, 2005. In Authority: 20 U.S.C. 1234c, 1234f. facing in administering Department particular, the Department noted that grant programs, it was clear that the there was a significant lack of progress Dated: October 18, 2007. problems could not be corrected by the on the part of the VI in developing and Hudson La Force III, VI immediately and that the VI would implementing a credible central Senior Counselor to the Secretary of need more than one year to correct financial management system—the Education. them. Therefore, in order to remedy that cornerstone of the VI’s financial Appendix A—Compliance Agreement condition, the Department and the VI management improvements that are Between The U.S. Virgin Islands and entered into the Agreement, a critical to its ability to manage the U.S. Department of Education comprehensive compliance agreement Department funds consistent with with a three-year term. The purpose of applicable Federal regulations September 23, 2002. the Agreement, which incorporated the concerning fiscal accountability and U.S. Virgin Islands Compliance Department’s written findings, was to funds management. Agreement allow the VI to develop integrated and Therefore, in accordance with section I. Overview of Issues systemic solutions to problems in II.A. of the Agreement, and section II. Consequences for Not Meeting the Terms managing its Department funds and 457(d) of GEPA, the Department and Conditions of the Agreement programs. Under the terms of the imposed special conditions on grant A. Mutual Agreements and Understandings Agreement, by the end of the three-year awards to the VI, including a Regarding the Terms, Conditions and term, the VI was supposed to be in full requirement that the VI procure, and Enforcement of This Compliance compliance with the requirements of all maintain, the services of a third-party Agreement programs funded by the Department. fiduciary agent, acceptable to the Severability The Agreement became effective on Additional Terms and Conditions Under Department, to perform the financial 34 CFR § 80.12 September 23, 2002. management duties required under In November 2003, officials from the Judicial Enforcement Federal regulations for all Department 1. Cease and Desist Order Under 20 U.S.C. Department conducted a site visit to grant awards made to the VI. The VI §§ 1234c(a)(2) and 1234e provide intensive technical assistance subsequently published a Request for 2. Referral to Department of Justice for and review the VI’s progress during the Proposal and selected a third-party Appropriate Enforcement—20 U.S.C. first year of the Agreement. While VIDE fiduciary agent acceptable to the § 1416 had made significant progress in some Department. The Department is Withholding of Grant Funds—20 U.S.C. issue areas identified in the Agreement, currently monitoring the work of this §§ 1234c(a)(1), 1234d and § 1416 the VI had not made progress in many Escrow Account to Fund Third-Party third-party fiduciary agent and the VI’s Recovery of Funds—20 U.S.C. § 1234a key areas, particularly that of financial compliance with these special management, which significantly B. Criteria for Determining Consequences conditions and continues to provide III. Reporting Requirements technical assistance and oversight in a IV. Updated Plans, Action Steps, and determines that a recipient ‘‘is failing to comply continuing effort to bring the VI into full Timelines From December 2001 Meeting substantially with any requirement of law V. Issues applicable’’ to the Federal program funds compliance with applicable Federal administered by this agency. Specifically, the regulations. Issue 1.0: Program Planning, Design, and Department is authorized to— As required by section 457(b)(2) of Evaluation Issue Description (1) Withhold funds; GEPA, 20 U.S.C. 1234f(b)(2), the (2) Obtain compliance through a cease and desist Identification of Long-Term Goals order; Agreement (which incorporates the Assessment of Current Status of Programs (3) Enter into a compliance agreement with the Department’s written findings in the in Terms of Goals recipient; or section entitled ‘‘Overview of Issues’’, Identification of Educational Program (4) Take any other action authorized by law. and in each ‘‘Issue Description’’ section Needs To Meet Goals

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Development of Program Design and State integrated and systemic solutions to change toward ‘‘getting the work done Plans or Applications That Address problems in managing Federal right.’’ These approaches should Identified Needs education funds and programs. The include effective planning and Sub-Issue 1.1: Separation of State and issues are being carefully examined and evaluation of resource and management Local Educational Agencies addressed from the perspective of every decisions that are designed to produce Sub-Issue Description Performance Measures for Issue 1.0 and 1.1 VI agency and local entity with better educational results. Action Steps Required management responsibility for resources In making the critical systemic and Issue 2.0: Financial Management or programs that have an impact on organizational culture changes required Issue Description education. Solutions may involve re- to meet the terms of the Compliance Sub-Issue 2.1: Credible Financial engineering systems and processes or Agreement, it is important to Management System implementing technology. In addition, understand that the Agreement is not Sub-Issue Description solutions must address communication designed to benefit the Department, Performance Measures for Issue 2.0 and 2.1 and cooperation among VI Departments, VIDE, or the Virgin Islands government. Action Steps Required and developing a culture of ‘‘getting the All of the requirements of the Sub-Issue 2.2: Indirect Costs work done right.’’ Whatever the Compliance Agreement are directed Sub-Issue Description Performance Measures for Issue 2.2 solutions the VI chooses to implement, toward one end: improving education Action Steps Required they must ensure the best educational for the students of the Virgin Islands. In Sub-Issue 2.3: Obligation of Funds/ systems possible for the people of the the end, the Department and the VI will Disbursement of Obligation Virgin Islands. It is also understood that judge success by determining how well Sub-Issue Description by the end of the term of this the VI has improved educational Performance Measures for Issue 2.3 Agreement, VI must be in full programs and met the terms of the Action Steps Required compliance with the requirements of all Compliance Agreement. Issue 3.0: Human Capital programs funded by the Department. II. Consequences for Not Meeting the Issue Description The Compliance Agreement is also Terms and Conditions of the Agreement Sub-Issue 3.1: Recruiting and Hiring intended to ensure an effective planning Sub-Issue Description A. Mutual Agreements and Performance Measures for Issue 3.0 and 3.1 and evaluation process throughout VI Action Steps Required programs and initiatives. Planning and Understandings Regarding the Terms, Sub-Issue 3.2: Inadequate Time Accounting evaluation processes are the basis for Conditions and Enforcement of This and Supplanting determining program goals, current Compliance Agreement status, improvement needs, budgets, Sub-Issue Description Severability Performance Measures for Issue 3.2 resources, effectiveness of results, and Action Steps Required other important aspects of effective The parties agree that this Compliance Issue 4.0: Property Management and program management. Through this Agreement includes terms and Procurement Agreement, the VI will improve its conditions that apply to the various Issue Description program planning and evaluation for Federal programs included in the Sub-Issue 4.1: Property Management education programs and use the plans Agreement (hereafter ‘‘covered Federal Sub-Issue Description programs’’) and also terms and Performance Measures for Issue 4.0 and 4.1 and evaluation results to drive Action Steps Required management and resource decisions. conditions that are program specific. To Sub-Issue 4.2: Competitive Procurement This Compliance Agreement that end, the parties agree that each (Improved Process) addresses four areas of crosscutting such term and condition for each Sub-Issue Description issues: (1) Program Planning, Design covered Federal program may constitute Performance Measures for Issue 4.2 and Evaluation, (2) Financial a separate agreement between the Virgin Action Steps Required Management, (3) Human Capital, and (4) Islands and the Department. For purposes of 20 U.S.C. § 1234f, each such I. Overview of Issues Property Management and Procurement. The issues are presented as crosscutting term or condition as to each covered As a result of serious and recurring because of the impact of other VI Federal program shall be severable from deficiencies in the administration of agencies on VIDE. Thus, it is critical each other term or condition for each of various Federally funded programs by that these issues be addressed not just the covered Federal programs. Unless the government of the U.S. Virgin in VIDE but across virtually the entire set out otherwise, a determination by Islands (VI), the U.S. Department of Virgin Islands government. In addition, the Department under 20 U.S.C. Education (the Department) has the issues cannot be addressed in a § 1234f(d) that the Virgin Islands is not designated VI a ‘‘high-risk grantee’’ piecemeal fashion and they must meeting the terms and conditions may under 34 CFR § 80.12. The Department encompass an effective planning and be specific to such term, condition or has been working closely with the evaluation process. program without impacting the Virgin Islands Department of Education The Compliance Agreement lists continuing obligations under the (VIDE) and with other Virgin Islands specific action items for each Agreement. That is, all other terms and agencies in recent months to address crosscutting issue. However, the conditions for all covered Federal these major issues, but it is clear that the Department will not determine the VI’s programs or the specific term or problems cannot be corrected by the progress in meeting the terms of the condition for other covered Federal Virgin Islands immediately, and that the Agreement only by assessing programs would remain in place for the Virgin Islands will need more than one completion of listed action steps. duration of the Agreement or until such year to correct them. Therefore, in order Rather, the Department will judge time as the Department determines to remedy this condition, the progress by the systemic approaches failure by the Virgin Islands to meet Department has consented to enter into and degree of integration that the VI those terms and conditions. this comprehensive, three-year brings in designing and implementing Alternatively, the parties understand compliance agreement with VI. solutions to complex problems in each and agree that a determination by the Through this Compliance Agreement, of the crosscutting areas, and by the Department under 20 U.S.C. § 1234f(d) the VI, with assistance from the demonstrated communication, that the Virgin Islands has failed to meet Department, agrees to develop cooperation, and organizational culture any of the terms and conditions shall, at

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the Department’s discretion, be grounds specific actions or compelling specific Recovery of Funds—20 U.S.C. § 1234a for finding the Agreement, as to such actions, becomes the final agency Any funds improperly expended or terms and conditions, no longer in effect decision. The Department may enforce not properly accounted for are subject to and that the Department may take any the final order by withholding any recovery by the Department according to and all additional actions authorized by portion of the Virgin Islands’ grant 20 U.S.C. § 1234a. law. Some examples of such actions are award or certifying the facts to the set out below. Attorney General who may bring an B. Criteria for Determining appropriate action for enforcement of Consequences Additional Terms and Conditions Under the order. 34 CFR § 80.12 The Virgin Islands will provide the 2. Referral to Department of Justice for Department with quarterly progress Under this provision, the Department Appropriate Enforcement—20 U.S.C. reports for all of the action steps and may apply additional conditions to one § 1416 performance measures set forth in the or more of the Virgin Islands’ grants, If the Department finds, after Agreement. The Virgin Islands and the having determined that the Virgin Department agree that failure to (1) Islands is a ‘‘high risk’’ grantee (because reasonable notice and opportunity for hearing to the Virgin Islands, that: (1) provide all required reports in a timely it has a history of unsatisfactory manner, (2) show substantial progress in performance and has not conformed to There has been a failure by the Virgin Islands to comply substantially with any completing all action steps as required, terms and conditions of previous (3) complete critical action steps within awards). provision of applicable Federal laws; or (2) there is a failure to comply with any the timeframe designated in the Special conditions or restrictions may Agreement, or (4) achieve critical include, but are not limited to: (1) condition of a Local Educational Agency’s or the Virgin Islands’ performance measures as specified in Payment on a reimbursement basis; (2) the Agreement, will be considered a withholding authority to proceed to eligibility (including terms of Compliance Agreement within timelines failure to meet the terms and conditions next phase until receipt of evidence of of the Agreement. acceptable performance within a given specified in Agreement), the Department funding period; (3) requiring additional, may, after notifying the Virgin Islands, III. Reporting Requirements refer the matter for an appropriate more detailed financial reports; (4) This Compliance Agreement requires enforcement action, which may include additional project monitoring; (5) regular progress reporting for all issues. referral to the Department of Justice. requiring the Territory to obtain VI must provide the Department (1) a technical or management assistance, Withholding of Grant Funds—20 U.S.C. description of activities and progress for including the designation of a third- §§ 1234c(a)(1), 1234d and § 1416 the issue and its related sub-issues party fiduciary to administer all or part If the Department finds, after during the reporting period, (2) the of the Virgin Islands’ grants from the status of each action step required to be Department; or (6) establishing reasonable notice and opportunity for hearing to the recipient, that there has taken during the reporting period, (3) additional prior approvals. The use of a documentation of action step condition for one covered Federal been a failure to comply substantially with a requirement of law, including completion for those steps required to program does not require or preclude its be completed during the reporting use for a different covered Federal with this Agreement, the Department may withhold, in whole or in part, period (including explanation of delays program. for all steps not completed that were Under such circumstances the future payments to the recipient. If the Department finds, after scheduled to be completed, and Department would notify the Virgin reasonable notice and opportunity for expected completion dates for all Islands as early as possible, in writing, hearing to the Virgin Islands, that: (1) unimplemented steps), (4) of the: (1) Nature of special conditions/ there has been a failure by the Virgin documentation of measures of restrictions; (2) reason(s) for imposing Islands to comply substantially with any performance and results, and (5) other them; (3) corrective actions which must provision of applicable Federal laws; or data or documentation as specified be taken before they will be removed (2) there is a failure to comply with any within the action steps for each issue or and time allowed for completing condition of a Local Educational related sub-issue in this Agreement. corrective actions; and (4) method of Agency’s or the Virgin Islands’ This information should be transmitted requesting reconsideration of eligibility (including terms of to the Department by updating (at least conditions/restrictions imposed. Compliance Agreement within timelines quarterly) an internet web site Judicial Enforcement specified in Agreement), the Department developed and maintained by the Virgin may, after notifying the Virgin Islands, Islands Government. The Virgin Islands 1. Cease and Desist Order Under 20 Office of Management and Budget U.S.C. §§ 1234c(a)(2) and 1234e withhold, in whole or in part, any further payments to the Territory. (VIOMB) will be responsible for The Department may seek injunctive Department may limit withholding to a tracking, monitoring and reporting relief to compel specific actions or to particular Local Educational Agency or progress on all requirements and stop specific actions. Under this State agency. milestones in this Agreement in a process, the Department issues a manner that is fully accessible to the complaint to the Virgin Islands, Escrow Account To Fund Third Party Department and the public. Information describing the factual and legal basis for If the Virgin Islands fails to meet a in the progress tracking web site should the Department’s belief that the Virgin term deemed significant by the be updated continuously, but in any Islands is failing to comply substantially Department in the Compliance event, no later than 30 days from the with a requirement of law including this Agreement, the Department may place last day of each quarter. The first agreement, and containing a notice of an appropriate amount of the Virgin quarterly period will encompass the hearing. A hearing before an Islands grants into an interest bearing time from which all parties sign this Administrative Law Judge (ALJ) must escrow account to fund the duties of a Agreement through December 31, 2002. occur. The ALJ’s report and order, third party fiduciary agent. VI may The VI and the Department agree that requiring the Virgin Islands to stop request a reconsideration of this action. the following performance measures

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apply for each issue and sub-issue, in successfully meeting the terms of this feedback is equally significant in addition to other performance measures Agreement that the VI use the first year assessing results. A critically important specified throughout this Agreement. of the next three year period to develop aspect of the planning and design 1. All plans, other documents, and long-term goals, assess the current status process is that it is fully integrated as reports are timely, complete, accurate, of each program receiving Federal the foundation for other program-related and address the requirements set forth assistance, and design coherent decisions about budgets, financial in this Agreement. programs to bridge the gap between the management, personnel requirements, 2. All action steps are implemented current status of education in the VI and and other resource needs. within the timeframes set forth in this its educational goals and applicable In order to fully implement this Agreement. requirements. process, a comprehensive, school-based, 3. Implementation of action steps An issue of significant importance to statewide plan will be developed. The demonstrates progress towards program planning, design, and Department will provide model achieving the outcomes or performance evaluation is the legal and comprehensive plans, if appropriate, measures set forth in this Agreement. administrative impact of the and referrals to successful jurisdictions IV. Updated Plans, Action Steps, and organizational structure and legal for guidance. VI will seek the assistance Timelines From December 2001 classification of the various educational of expert consultants and other grantees Meeting agencies in the Virgin Islands. This to provide hands-on guidance in Compliance Agreement has been drafted completing the comprehensive planning Action steps and timelines that the VI in reliance upon the mutual process. Reasonable and necessary developed in December 2001 are understanding that the Virgin Islands expenses for this assistance will be included in the issue descriptions has established and maintains a State considered allowable costs chargeable to throughout this document. The VI will educational agency (SEA) and two local a Department grant to be awarded by need to assess the action steps and educational agencies (LEA), as defined September 30, 2002, provided an timelines developed in December and under Federal law. Thus, for purposes approvable application is received in a determine if (1) the action steps fully of administering its Federal grants, timely manner. The expected outcomes meet the requirements of this VIDE, as the SEA, must make steady identified in this plan, among other Agreement, (2) the action steps will progress towards meeting all Federal federally and locally identified move the VI toward achieving the requirements that are related to that outcomes, will include: required performance measures, and (3) designation, including where specified, • Schools gain greater site-based the timelines need to be modified providing LEAs, the St. Thomas/St. John authority to determine needs and apply within the time boundaries set forth in school district and St. Croix school funding to those needs. this Agreement. Updating the December district, the appropriate levels of • School site-based management will action steps and timelines into plans for Federal funding and autonomy required be enhanced through greater school which the VI will be accountable is a under each Federal program’s community involvement and increased critical action step for each issue and requirements. Therefore, by entering awareness of accountability. sub-issue. Once the VI develops a plan into this Agreement, the VI • Programs can be implemented that for each issue or sub-issue, as specified acknowledges the Department’s reliance best fit the needs of the individual in this Agreement, and the Department upon this designation, agrees to comply school population rather than one agrees to the plan, the action steps and with the specific Federal requirements district approach for all. timelines in the plan will become that apply through this designation and • Activities conducted under this additional requirements of this agrees not to change this designation plan bring VI into compliance with Agreement and be subject to the during the period of this Agreement statutory and regulatory requirements reporting requirements and without the prior approval of the for Department programs. consequences for not meeting terms and Department. In general, the comprehensive conditions as set forth in this Effective planning and design statewide plan should be based on Agreement. The Department will assist includes the following elements: (1) information derived from individual by consulting with VI to develop reports program goals stated in measurable school plans. These school plans should or reporting formats that shall satisfy the terms (outcome measures), (2) baseline include, at a minimum, the components reporting requirements as set forth in assessments of current status (baseline listed below. this Agreement. The Department will measures), (3) comparison of current • A comprehensive needs assessment also assist, to the extent that resources status to program goals (baseline of the entire school, based on are available, the VI with the orientation measures to outcome measures), (4) a information about student academic and training of personnel. report of areas where current programs achievement. The remainder of this document do not meet goals, (5) a plan to improve • Strategies that provide provides issue descriptions, action current programs to meet goals, (6) a opportunities for all children to meet steps, and performance measures for (1) schedule for implementing the plan, (7) proficient and advanced levels of Program Planning, Design and measures to determine if the plan academic achievement, use effective Evaluation, (2) Financial Management, implementation is having the intended methods of instruction that are based on (3) Human Capital, and (4) Property effect, and (8) options for further scientific research and address the Management and Procurement. modification if implementing the plan is needs of all children in the school. not having the intended effect. Any • Instruction by highly qualified V. Issues planning and design process will take teachers as defined by the Elementary Issue 1.0: Program Planning, Design, into account Federal and State and Secondary Education Act. and Evaluation requirements for each program, as well • High quality and ongoing as other applicable professional professional development for teachers, Issue Description standards. In addition, the planning principals, and other staff. Because the stated purpose of this process should include citizen and/or • Strategies to attract high-quality Agreement is to improve education for customer input and feedback; input is a teachers in all schools, but with special the students of the VI, it is critical to vital part of the process to set goals, and emphasis on high-need schools.

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• Strategies to increase parental Federal program in terms of the goals district, as the two LEAs. This has involvement. identified. It also requires VI to identify significant implications for the • Plans for assisting preschool a measurement approach (a method for administration of Federal education children in the transition from early measuring) for each goal or core programs. For example, under Part B of childhood programs to local elementary indicator. Once the measurement the Individuals with Disabilities school programs. approach is identified, VI must establish • Education Act, the SEA must ensure Measures to include teachers in a baseline that reflects the current status that eligible LEAs receive subgrants decisions about academic assessment. for each goal or indicator. Examples of • Assistance for children who under the formula specified at 34 CFR this include: § 300.712. Additionally, under Title V of experience difficulty mastering the • For the Title V, Part A program, VI proficient or advanced levels of ESEA, an LEA is to have complete must identify the current academic discretion in deciding how to allocate academic achievement standards. levels for the students benefiting from • funds among the allowable Title V Coordination and integration of the program, which is the baseline, and program areas, and must ensure that its Federal, State and local services and establish incremental targets for Title V expenditures carry out the programs. improvement to reach the goals • Annual report cards for the identified in sub-issue 1.2. purposes of the program and are used to performance of each school as defined • For the Vocational Education and meet the educational needs in schools by the Elementary and Secondary Adult Education programs, the VI must within the LEA. The specific terms of Education Act. this Compliance Agreement • All expenditures are allowable establish a baseline and levels of performance (incremental targets) for contemplate the administrative under the requirements of each grant structure of one SEA and two LEAs. and applicable program. each required core indicator and any VI- This comprehensive plan for identified indicators for each of the Performance Measures for Issue 1.0 and reforming the total instructional subsequent years of this Agreement. 1.1 program in the school should be Identification of Educational Program developed during the first year period, Needs to Meet Goals 1. By the end of the three-year period with the involvement of staff, parents, of the Compliance Agreement, VI will administrators, and others. The plan Once the VI has identified its be in full compliance with the program must: baselines in comparison to its goals, it requirements of all Department grants • Describe how the school will must identify the needs that have to be for which VI expends funds and any implement the components summarized met to bridge the gap between the other requirements set forth in this baseline (current status) and the goals. above. Agreement. • Describe how the school will use The needs must be consistent with the resources to implement the components. purposes and allowable activities under 2. VI’s implementation of the action • Include a description of Federal, each program. In developing program steps described below brings it into full SEA, and LEA programs that will be activities, VIDE will have as a goal that compliance with the standards and available in the individual school. by the end of the three year period of assessment requirements of Title I, • Describe how the school will this agreement, 95% of the Federal ESEA that all States were required to provide parents with individual student education funds will be spent on meet by the end of the 2000–2001 academic assessment results and other instructional activities and directly school year, no later than the end of the information about the individual related expenditures. three-year period of the Compliance schools, including interpretation of the Agreement. results, in understandable language. Development of Program Design and State Plans or Applications That 3. By the end of the three-year period Identification of Long-Term Goals Address Identified Needs of the Compliance Agreement, VI must For each Federal program it is The VI must develop, prepare, and have developed a detailed plan for how important to identify the desired or submit to the Department a State it will comply with the requirements of required outcomes, so VI can measure application in conformance with the the Elementary and Secondary improvement for that program by how requirements of each program for which Education Act, including Title I, Part A close it is to achieving these goals as funds are being expended and any other of the ESEA as reauthorized by the No well as maintaining improvement on a requirements set forth in this Child Left Behind Act. We expect that continuous basis. Examples of this are: Agreement. These applications should at the end of the three-year period, VIDE • For the Title V, Part A program, the be based on information gathered from will apply for most or all of the law requires states to aim for increased the school-based comprehensive plans individual programs authorized under student academic achievement or developed under this section. the Elementary and Secondary improved quality of education for all Education Act, the Adult Education and Sub-Issue 1.1: Separation of State and students. Family Literacy Act rather than • For the Vocational Education and Local Educational Agencies consolidating them. Adult Education programs, the desired Sub-Issue Description outcomes are defined by the program 4. By the end of the three-year period statutes in terms of the core indicators In a letter dated August 1, 2001, at the of the Compliance Agreement, VI’s of performance or additional VI- request of the Department and VIDE, the implementation of the action steps identified indicators that measure Attorney General of the Virgin Islands described below must bring its programs student performance. provided the legal opinion that under into full compliance, with respect to local law, the structure and functions of Federal law and with the obligations Assessment of Current Status of the various educational agencies in the Programs in Terms of Goals and responsibilities of a single SEA and Virgin Islands were divided into, VIDE, two LEAs. This sub-issue involves an assessment as the SEA, and the St. Thomas/St. John at the VI-wide and school level of each school district and the St. Croix school Action Steps Required

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Year 1 Year 2 Year 3

1. The VI must submit to the Department within 1. In the second year of the Compliance 1. In the third year of the Compliance Agree- 120 days from the date of the compliance Agreement, the VI will implement the com- ment, the VI will implement the comprehen- agreement, an approvable action plan that prehensive, statewide plan and dem- sive, statewide plan and demonstrate that it can demonstrate steady progress toward de- onstrate that it is achieving the program is achieving the program goals that are re- veloping a comprehensive statewide plan and goals that are required. quired. fiscal year 2003 consolidated grant applica- tion described in items two and three below. 2. Within the first year of the Compliance 2. In the second year of the Compliance 2. In the third year of the Compliance Agree- Agreement the VI must develop a com- Agreement, the VI will demonstrate steady ment, the VI will meet all Federal require- prehensive, school-based, statewide action progress towards meeting all Federal re- ments related to the designation of a single plan for complying with the requirements of quirements related to the designation of a SEA and two LEAs and is ready to meet all various programs funded by the Department single SEA and two LEAs and is ready to requirements. including, but not limited to: Title I, Part A of meet all requirements. ESEA standards and assessment require- ments, Vocational Education State Plan, Oc- cupational and Employment continuation grant, Adult Education, and Title V-A. The plan must include, at a minimum, the fol- lowing elements: (1) Goals stated in measur- able terms (outcome measures) based on program requirements; (2) baseline assess- ments of the VI’s current status (baseline measures); (3) comparison of the VI’s current status to the goals including an appropriate needs assessment; (4) a report of areas where current programs do not meet goals; (5) action steps to improve current programs to meet goals; (6) a schedule with clear, rea- sonable completion dates for implementing the action steps; (7) measures to determine if the plan implementation is having the in- tended effect; (8) options for further modifica- tion if implementing the plan is not having the intended effect; (9) demonstration of citizen and customer input and feedback; and (10) demonstration of its foundation for decisions about budgets, personnel requirements, and other resource needs. Other requirements of the plan are included in section 1.0 above and applicable laws and regulations. 3. Within the first year of the Compliance 3. The VI will prepare and make public annual 3. By the end of the three-year period of the Agreement the VI must include in the devel- report cards for the performance of each Compliance Agreement, VI will have sub- opment of a comprehensive, school-based, school as defined by the No Child Left Be- mitted a detailed plan for how it will comply statewide action plan such action steps that hind Act. with the requirements of the No Child Left will show steady progress in meeting the re- Behind Act, including Title I, Part A of the quirements of Department grants with respect ESEA as reauthorized by the No Child Left to separate SEA/LEA issues described in Behind Act. sub-issue 1.1 above. 4. Prepare and submit semi-annual expenditure 4. The VI will prepare and submit semi-annual 4. The VI will prepare and make public annual report that includes certification that all ex- expenditure report that includes certification report cards for the performance of each penditures are for allowable purposes (the re- that all expenditures are for allowable pur- school as defined by the No Child Left Be- ports will include the detail required in the FY poses (the reports will include the detail re- hind Act. 2000 special conditions). quired in the FY 2000 special conditions). 5. The VI will prepare and submit semi-annual expenditure report that includes certification that all expenditures are for allowable pur- poses (the reports will include the detail re- quired in the FY 2000 special conditions).

Issue 2.0: Financial Management financial management includes systems, VIDF and other VI Departments must policies, and procedures that (1) provide demonstrate improved communication Issue Description access to accurate information when and cooperation to develop an FMS that It is critical to successfully meeting needed, (2) account appropriately for meets needs across the VI. the terms of this Agreement that the VI funds, (3) ensure timely deposits or Through the terms of this Agreement, use the next three years to develop a draw down of funds, (4) ensure timely financial management systems will be credible central financial management and accurate payments, and (5) integrated with one another (i.e., across system (FMS). In brief, such a system otherwise enable and support generally departments) and with other would provide the correct amount of accepted government financial management systems (including budget, funds, in the correct accounts, in a management and accounting standards human resource management, property timely manner, all the time. Credible and requirements. In addition, VIDE, and procurement, and planning and

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evaluation). One example of the December 2001, VI staff identified a 3. By March 31, 2003, the VIDF will integration required includes series of action items related to complete a plan for developing and connecting financial management addressing the FMS issues, including implementing a credible central FMS. policies and systems with time and information flow, adjustments, system 4. From the inception of this attendance systems to ensure improvements, training, payroll, Compliance Agreement, all transactions appropriate payment and accounting for reporting systems, draw downs, and for draws and disbursements, as well as staff time. It is especially important for other areas. Department staff have any required adjustments for Federal the purposes of this Agreement that the further supplemented VI’s list. One VI financial management system is example of the FMS issue was education programs’ funds will be effectively integrated with all illustrated in the 2000 single audit timely and accurately recorded in the management systems and procedures in findings: the auditors are still using VIDF accounting system as they occur VIDE. different Department (e.g., VIDE) according to generally accepted All of the action steps to address the accounting records to compare with accounting standards. Inability to track financial management issue are Department of Finance records. drawn down funds will be considered a important, but it is a critical factor for Invariably, the cash accounts show failure to meet the terms and conditions success that the VI improve its cash shortages in terms of amounts drawn of this Agreement. management function immediately. The from Federal agencies as compared to VI 5. By the conclusion of the third year cash management function must be able Departments’ records. of the Compliance Agreement, VI will to provide timely and accurate To satisfy the requirements of this conduct monthly reconciliation of information about each draw down of Agreement, the VI will develop a draws and expenditures, resolve any funds from the Department. Inability to credible central FMS in which records track drawn down funds will be differences, and record appropriate account for all draws and expenditures adjustments. considered a failure to meet the terms of Federal education funds. VI agencies and conditions of this Agreement. and single auditors will be able to rely 6. By the conclusion of the second In addition to the overall requirement on the central FMS as an accurate year of the Compliance Agreement, the to develop a credible central FMS, this system of record. In the short term, any VI will institute an independent internal Compliance Agreement also addresses differences between the Department of audit function within VIDE that will issues related to (1) indirect costs, and Finance and VIDE will be reconciled abide by the standards for internal audit (2) obligation of funds and disbursement concurrently, but at the end of three prescribed by the Institute of Internal of obligations. Both issues are closely years, VI agencies should no longer Auditors (IIA). tied to a credible FMS and the need separate accounting systems. Department will assess progress in 7. By the conclusion of the meeting the terms of this Agreement by Performance Measures for Issue 2.0 and Compliance Agreement, VI agencies will the systemic approaches and degree of 2.1 no longer need separate accounting systems. integration that the VI brings in 1. Within one month of the inception designing and implementing solutions of this Agreement, appropriate VIDE, 8. By the conclusion of the to all of its longstanding problems in the VIDH, VIOMB and VIDF staff members Compliance Agreement, single auditors financial management area. will be provided with access to the will be able to rely on the FMS as the Sub-Issue 2.1: Credible Financial Department’s GAPS system to monitor accurate system of record for the Management System draw downs. financial statement audit. 2. By December 31, 2002, the VIDF Issue Description will complete a vision document for the Action Steps Required This sub-issue involves many areas implementation of a credible central that must be systemically addressed. In FMS.

Year 1 Year 2 Year 3

1. Within one month of the inception of this 1. Twice during the 2003–2004 school year, 1. VI will conduct quarterly reconciliation be- Agreement, appropriate VIDE and VIDF staff the VI will publicize the U.S. Department of tween GAPS, VIDE, and VIDF draws and members will be provided access to the De- Education Office of Inspector General Hot- expenditures, resolve any differences, and partment’s GAPS system to monitor draw line telephone number 1–800–MISUSED record appropriate adjustments within 30 downs. and the Department of Interior OIG Hotline days. (1–800–424–5081) to all schools, teachers, parents of students in schools, participants in adult education and vocational education programs, VIDE employees, and the public and encourage anyone with any knowledge of misuse of Federal education program dollars to call the Hotlines.

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Year 1 Year 2 Year 3

2. By December 31, 2002 the VIDF will create 2. By the conclusion of the second year of the 2. Twice during the 2004–2005 school year, a vision document of a credible central FMS. Compliance Agreement, the VI will institute the VI will publicize the Federal Education The vision document will specifically describe an independent internal audit function within Office of Inspector General Hotline tele- how the system would (1) provide access to VIDE that will abide by the standards for in- phone number 1–800-MISUSED and the accurate information when needed, (2) ac- ternal audit prescribed by the Institute of In- Department of Interior OIG Hotline (1–800– count appropriately for funds, (3) ensure ternal Auditors (IIA). In this regard, VIDE 424–5081) to all schools, teachers, parents timely deposits or draw down of funds, (4) will create an independent Audit Committee of students in schools, participants in adult ensure timely and accurate payments, (5) en- that will make all audit resolution decisions education and vocational education pro- sure, prior to archiving any financial data, the for the VIDE and to whom the internal audi- grams, VIDE employees, and the public capacity to retrieve that data in the future, tor will report. and encourage anyone with any knowledge and (6) otherwise enable and support gen- of misuse of Federal education program erally accepted government financial man- dollars to call the Hotlines. agement and accounting standards and re- quirements. The vision document will also describe how the central FMS would serve as an accurate system of record that would no longer require separate accounting sys- tems in different agencies. The document will also provide a detailed diagram of each func- tion of the system and how it would integrate with other related systems or processes, (in- cluding, but not limited to, program planning, grant administration, budget, property and procurement management, time and attend- ance, human resource management, and payroll). The vision document and plan (see #3 below) will be based on an independent party performing a needs assessment for the financial management system. 3. By March 31, 2003, the VIDF will create a 3. VI will conduct quarterly reconciliation be- plan for how it will develop and implement tween GAPS, VIDE, and VIDF draws and the credible central FMS described in the vi- expenditures, resolve any differences, and sion document. The plan will also include re- record appropriate adjustments within 30 source requirements for implementing the days. plan, with action steps and timelines, and identify how the resources will be obtained. The vision document (see #2 above) and plan will be based on an independent party performing a needs assessment for the finan- cial management system. 4. During the first year of the compliance agreement, VI will conduct semi-annual rec- onciliation between GAPS, VIDE, and VIDF draws and expenditures, resolve any dif- ferences, and record appropriate adjustments within 30 days. These reconciliations will be provided on a semi-annual basis to the De- partment for review with evidence that all ad- justments have been made. 5. Twice during the 2002–2003 school year, the VI will publicize the Federal education Office of Inspector General (OIG) Hotline telephone number 1–800-MISUSED, and the Depart- ment of Interior OIG Hotline (1–800–424– 5081) to all schools, teachers, parents of stu- dents in schools, participants in adult edu- cation and vocational education programs, VIDE employees, and the public and encour- age anyone with any knowledge of misuse of Federal education program dollars to call the Hotline.

Sub-Issue 2.2: Indirect Costs and other Federal agencies developed agreed upon steps of the process in a and agreed on a three-phase process to timely manner and report progress to Sub-Issue Description address the indirect cost issue. Phase I ED. The indirect cost issue relates to the of the process outlines steps for indirect Performance Measures for Issue 2.2 manner in which the indirect costs cost determination and distribution; associated with Federal funds are Phase II outlines steps for making rate 1. As described below, steps to distributed within VI. OMB Circular A– application corrections, and Phase III determine indirect costs and distribute 87 specifies indirect cost requirements. outlines steps for preparing a new rate indirect cost reimbursement between In December 2001, officials from ED, VI proposal. The VI will implement the the VIDE and the VI will be fully

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implemented by OCTOBER 1, 2002 in charged directly to Federal programs, current indirect cost rate in education accordance with VIOMB’s new policy. but allocated only as indirect costs. programs. The new OMB policy will provide for a 4. All of the underlying problems Action Steps Required pro rata allocation that segregates having to do with indirect costs will be central service indirect costs from eliminated by FY 2004, so that audits Officials from VI, the Department and agency level or departmental indirect and other monitoring procedures will other Federal agencies agreed in costs. have minimal findings related to December 2001 about three phases of 2. By the beginning of Fiscal Year indirect rates in FY 2003, and no action steps to address the indirect cost (FY) 2003, the VI and the Department findings related to indirect rates in FY issue. The phases, related steps, and must have agreed on an indirect cost 2004 and 2005. agreed upon time lines are listed in the rate to use for FY 2003. 5. By the conclusion of the table below. (Steps listed in bold were 3. Starting April 1, 2003, unused leave Compliance Agreement, there will be added by the Department staff members for separating employees will not be 100 percent application of the correct, after the December 2001 meeting.)

Year 1 Year 2 Year 3

1. If the steps or timelines listed in this table are no longer valid, the VI will ask the Depart- ment to consider a revised plan of action steps and timeline by October 1, 2002. 2. In addition to other requirements set forth in the Reporting Requirements section of this document, the quarterly reports for this sub-issue will include a copy of the products devel- oped for each step of the process. Phase I: Indirect Cost Determination and Distribution • DOI IG will submit letter to the Legislature and Governor outlining the indirect cost fund sharing issue. • Develop cost policy statement regarding Indirect Cost Fund Sharing. • OMB will submit policy change recommendation and potential changes to the existing legislation on the indirect cost fund, if necessary, to the Legislature with copies to the U.S. Department of Interior (DOI) and the Department. • ED indirect cost staff transmit cost policy template to VI OMB. • VIDE will provide cost policy statements to the Department and DOI by September 30, 2002. • Cost policy statements will be amended as appropriate to account for the LEA/SEA re- lationship. • OMB will provide agencies with account codes for receipt and expenditure of indirect cost funds. Any shortfalls will be absorbed by VIDE, not VIDE programs. • VIDF will propose accounting changes to implement new indirect cost policy for review by the Department and DOI by September 30, 2002. The policy must address unused leave for separating employees. • Training needs will be identified. • Training will be planned and scheduled. • Training will be implemented. Phase II: Rate Application Corrections • Determine and correct current rates, as necessary. • As needed, correct the rate table and apply correct rates to current grant programs. • Review FY 2002 indirect cost rates on FMS versus current rates on indirect rate plan. • Review the prior year indirect costs applied to grants and prepare necessary adjust- ments. • Develop a procedure to report indirect cost rate application errors to VIDF. Phase III: New Rate • Obtain three-year rate proposal with the following steps:. • Issue RFP for 2003–2005. • P& P issue invitations for bids. • P& P review bid packages. • Contract sent to Justice. • Justice reviews contract and forwards to Governor’s legal counsel. • Contract executed. • Contract work performed. • Submit rate proposal to IG. • Submit draft agreements to agencies for review and approval/signature. • Agencies implement new rates.

Sub-Issue 2.3: Obligation of Funds/ disbursement should occur as the awards are based on specified program Disbursement of Obligation program plans dictate and be tied to plans and spent on the programs in a specific activities. In addition, funds timely manner. The grants systems will Sub-Issue Description should be spent in a timely manner be integrated with the central FMS. Federal education funds in the VI based on resource requirements for The outcome measures for this issue must be obligated and disbursed in a activities specified in the program are that (1) program plans are the basis manner that ensures that programs are plans. Under the terms of this for application and disbursement, (2) appropriately managed. Specifically, Agreement, the VI will develop a grant disbursements are tied to actions application for funds should be based application process and subsequent specified in program plans, (3) all funds on program plans, and funds spending process that ensures that grant are spent for allowable purposes under

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the statutes, and (4) no funds are lost be tied to actions specified on program VIDE Commissioner with a copy to due to lapsing obligation periods. plans, (3) all funds are spent for VIDE Federal Grants Office who will allowable purposes under the statutes, Performance Measures for Issue 2.3 distribute copies to the Board of and (4) no funds will be lost due to Education, VIOMB and VIDF. 1. The VI will complete an analysis of lapsing obligations periods. • past problems with program planning, 7. The grant application, planning, Access to GAPS system to review obligation, and disbursement by obligation, and disbursement functions all grant awards as an extra check on September 30, 2002. will be fully integrated with the FMS by grants. 2. The VI will develop a plan to re- the conclusion of this Compliance Grant Periods engineer its grants application, Agreement. planning, and disbursement by March 8. At the end of the three-year period, • Extensions should be requested by 31, 2003. VI will liquidate obligations on a timely program managers in writing 60 days 3. The VI will fully implement the basis and not need extensions in the prior to the expiration date of the grant plan to re-engineer its grants liquidation period. to justify the reason for the extension. application, planning, and disbursement For all grants to the VI government, by March 31, 2004. Action Steps Required extensions apply ONLY to liquidation of 4. Within one month after the In December 2001, VI staff members expenses that were obligated during the Compliance Agreement is signed, the VI developed the action items listed below will put in place a system of safeguards to address the obligation of funds/ Federal funding period specified in the to assure that lapses of funds will be disbursement of funds issue. Although grant award. minimized. the action items are an important first • Quarterly performance meetings to 5. No lapses of funds will occur after step, they do not go far enough in evaluate reported expenditures against March 31, 2003. Funds lapse when the ensuring a grant application, award, and the spending plan. deadline allowed by law to obligate spending system that ensures that • Develop a grant tracking system. Federal grant awards has passed and needed funds are received and fully • funds remain that have not been spent to support programs. The table Quarterly prepare lists of expiring properly obligated. These funds are no below provides further required action grants to be provided to the longer available to VI for use. steps. Commissioner, which include the 6. In the final year of the Compliance percent of funds expended. Receipt of Grant Award Agreement, (1) program plans will be • • Document the rules about the basis for application and All DOE grant awards and obligation and extension dates. disbursement, (2) all disbursements will extension approvals should go to the

Year 1 Year 2 Year 3

1. Within one month after the Compliance 1. The plan to re-engineer the grant applica- 1. The grant application, planning, obligation, Agreement is signed, the VIDE will imple- tion, planning, obligation, and disbursement and disbursement functions will be fully in- ment a policy statement delineating the pro- functions will be fully implemented by tegrated with the FMS by the conclusion of cedure for reviewing and processing sub March 31, 2004. this Compliance Agreement. grantee awards to expedite allocations and disbursement of Federal funds to eligible ap- plicants within five days of receipt from the LEA program office. Applications not ap- proved for funding will be returned to the Pro- gram Office originating the proposal within the five working day period. If the timeline re- quirement is not met, the Commissioner will submit a letter of explanation to the funding agency within ED, with a copy to the affected program. 2. Within 45 days after the Compliance Agree- ment is signed, the VI will put in place a sys- tem of safeguards to assure that lapses of funds will be minimized. 3. By September 30, 2002, the VI will provide the Department with (1) a list of Federal re- quirements for program planning, obligation, and disbursement of funds, and (2) an anal- ysis of the VI’s education grants for the past fiscal year that specifies where problems in meeting requirements occurred in program planning, obligation and disbursement, and why the problems occurred.

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Year 1 Year 2 Year 3

4. Based on the analysis of requirements and past problems, the VI will develop and pro- vide the Department with a plan, by March 31, 2003, to re-engineer its grant application, planning, obligation, and disbursement func- tions. The plan will include policies, proce- dures, and systems to ensure that (1) pro- gram plans are the basis for application and disbursement, (2) disbursements are tied to actions specified in program plans, and (3) no funds are lost due to lapsing obligation periods. 5. By March 31, 2003, the VI will create a com- mon template and timetable for all program plans. Such a template and timetable will structure planning information and provide a structure for activity-based disbursement plans and decisions.

Issue 3.0: Human Capital critical to improving education in the VI qualified teachers and related personnel and to complying with Federal into classrooms, and it must do so Issue Description education requirements. Through this quickly. Students cannot easily regain The human capital issue area Agreement, the VI will address the educational opportunities lost to them encompasses two significant sub-issues: human capital issue in the immediate, for each year that they do not have a (1) Recruiting and hiring, and (2) time short, and long terms. In the immediate qualified teacher. and attendance accounting and term, the VI will develop a policy for supplanting. The recruiting and hiring class coverage that ensures that adults Performance Measures for Issue 3.0 and issue involves ensuring that qualified are supervising every classroom at all 3.1 teachers and related service personnel times that students are present. In the 1. VIDE will immediately implement are available for students in every short term, the VI needs to determine its expedited hiring authority and use classroom. The time and attendance how many highly qualified teachers the authority in hiring qualified accounting and supplanting issue deals they currently have in the schools and teaching staff. with ensuring that personnel paid by how many they need, and develop a 2. VI will develop hiring goals and Federal education funds are in fact plan to hire or otherwise engage the performing the appropriate jobs in the priorities for five years by March 31, services of the teachers or other 2003. programs they were funded to work in. qualified personnel that they need over Timelines or action items under this each of the next three school years and 3. VI will meet its hiring goals for the Compliance Agreement do not replace beyond. In the longer term (although 2003–2004 school year. and/or exclude any requirements of these actions are not covered under this 4. VI will meet its hiring goals for the previous Compliance Agreements. For Compliance Agreement), the VI will 2004–2005 school year. example, the VIDE IDEA—Part B create initiatives to encourage young 5. In the 2002–2003 school year and Compliance Agreement states: ‘‘By 12/ people to take up teaching as a career beyond, there will be no instances of 01 VIDE is to have hired qualified and to prepare them for such careers. classes or students without adult personnel to fill 85% of any vacancies The VI will re-engineer its hiring supervision. (related to special education vacancies) process so that teachers and related 6. By the beginning of the 2003–2004 that occurred after 10/99.’’ That personnel can be moved into the requirement, and all others under the school year, all newly recruited staff schools quickly, and receive their first will be deployed within one month of previous Compliance Agreement will paycheck on a reasonable time remain in force. acceptance of an employment offer and schedule. will receive their first paycheck within In December 2001, VI staff members Sub-Issue 3.1: Recruiting and Hiring one month of starting work (with identified action steps to address respect to Special Education, the terms Sub-Issue Description recruiting and hiring concerns. of the MOA shall apply.) Ensuring that there is a highly However, the VI needs to consider a qualified teacher in every classroom is much fuller range of options for getting Action Steps Required

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1. By OCTOBER 31, 2002, the VI will develop 1. VI will meet its hiring goals for the 2003– 1. VI will meet its hiring goals for the 2004– policies and procedures for class coverage 2004 school year. In addition to the items 2005 school year. In addition to the items (i.e., by using substitute teachers, administra- set forth in the ‘‘Reporting Requirements’’ set forth in the ‘‘Reporting Requirements’’ tors, supervisors, principals, etc.), in the section of this Agreement, quarterly reports section of this Agreement, quarterly reports event that a teacher is unable to be in the will also include each person’s date of hire, will also include each person’s date of hire, classroom when students are present. date of entry into the personnel system, date of entry into the personnel system, date of arrival on the job, and the date of date of arrival on the job, and the date of receipt of first paycheck. The report should receipt of first paycheck. The report should include contact information for each new include contact information for each new hire so that the Department staff can con- hire so that the Department staff can con- firm the personnel data reports with staff firm the personnel data reports with staff members. members. 2. By DECEMBER 31, 2002, the VI will deter- 2. By the beginning of the 2003–2004 school mine the percentage of classes conducted by year, the VI will have implemented a proc- highly qualified teachers as defined in The ess to re-engineer its personnel system and No Child Left Behind Act of 2001. related payroll process so that all new staff hired for education programs can be de- ployed to classrooms within one month of being hired and receive their first paycheck within one month of starting work. 3. By DECEMBER 31, 2002, VIDE will estab- lish a plan to increase recruitment of special- ized personnel, such as speech pathologists, physical therapists, occupational therapists, etc. VIDE will prepare and work with VIDH to establish a memorandum of agreement be- tween VIDH and VIDE to jointly recruit and share needed specialized personnel, such as speech pathologists, physical therapists, oc- cupational therapists, etc. The terms of such agreement need not require that either agen- cy share personnel during any periods of time when either of the agencies is fully uti- lizing all of its personnel in order to meet the needs of the infants, toddlers, or children with disabilities as required under Federal law and the sharing of personnel would cause one of the agencies to be out of compliance. 4. By DECEMBER 31, 2002, the VI will deter- mine how many highly qualified teachers it needs per program to employ to achieve the goal of having a qualified teacher in every classroom within 5 school years. In deter- mining the number of teachers it needs, the VI will ensure ratios comparable to similar sized school districts for the (1) average number of students per teacher, (2) average number of administrators per student, and (3) percentage of Federal dollars spent directly for classroom instruction and related ex- penses. In addition, the VI will assign prior- ities to the types of teachers needed. For ex- ample, based on the previous Compliance Agreement, special education programs are currently an immediate priority for filling va- cancies. As another example, high school teachers are also an immediate priority so that the VI high schools can regain accredita- tion. 5. By MARCH 31, 2003, and based on the total number of qualified teachers needed over five years and the priorities for types of va- cancies to fill first, the VI will set specific goals for employing qualified teachers in spe- cific classrooms each year. The yearly goal should equal 20% of the total number of qualified teachers needed within 5 years (i.e., yearly goal = total # qualified teachers need- ed over 5 years/5).

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Year 1 Year 2 Year 3

6. By APRIL 30, 2003, VI will develop an action plan to revise as necessary the action steps to improve the hiring process, including the use of current legislative authority for VIDE to bypass the personnel office, and expedite the hiring process. 7. The VI will work with the Board of Education to expedite the teacher certification process, including alternative certification approaches. 8. The VI will work with the Board of Vocational Education to expedite setting standards for teacher certifications, including alternative certification approaches.

Sub-Issue 3.2: Inadequate Time percentage split of time for staff funded • Revise training and forms and Accounting and Supplanting by Federal programs. accounting program based on the pilot 2. By the final year of the Compliance evaluation. Sub-Issue Description Agreement, all time and attendance • Phase in other areas. VIDE currently cannot adequately records will be computer-based and demonstrate that employees paid out of accurate. Time and Attendance Federal education funds are performing 3. By the final year of the Compliance work in the programs they are paid to Agreement, audits will find no instances • Review and record current support. This is especially an issue of supplanting. procedures relative to the where employees split their time documentation of time and attendance Action Steps Required between Federal and other programs, or within VIDE to identify inconsistent between more than one Federal The following items were developed applications of procedures. by VI staff at the December 2001 program. Supplanting is also an issue, • Analyze result of review and planning session and are presented here which involves, simply stated, using recommend changes and/or as action steps for inclusion in the plan Federal funds to pay for personnel that improvements to current process to to be developed under Action Step 1, the State should pay. The time and ensure the proper retrieval of time and Year 1 below. attendance accounting issue is one that attendance documents. will be integrated across all Time Distribution • management systems. Planning will Activate system enhancement • determine which employees will work Develop a policy & procedure in the program to scan source document and in which programs and for how much assignment of time distribution payroll records to minimize record bulk time. Budgeting will ensure that funds percentage utilizing OMB Circular A– and to facilitate the location of time and are appropriately available, and 87. Make systematic adjustments as attendance documents and make required. recommendations regarding system financial management and accounting • systems will ensure that funds are Establish process to manage upgrade for VI government. appropriately spent and accounted for. Quarterly Fluctuations to ensure • adequate allocation of time distribution Implement conversion to enhance Human resource information systems system that will guarantee adequate will be able to accurately reflect and and employee certifications. • Conduct Job Analysis to determine documentation over employee time and report how employees spent their time. allocations. attendance. (VIDE—Pilot Programs) Although this issue is covered here, • Policy and procedures created. Supplanting with other human capital issues, it is • Policy approved and distributed. important that plans and actions to • Pre-audit test to determine • address the problem be developed and Meeting/training between OMB, compliance and adjustments needed. VIDE, the Department and auditors on implemented at a systemic level and • Training and implementation of integrated with other management specific program issues to identify time distribution policy and procedure. maintenance of effort requirements and systems. • Ensure that the Department and funding levels. Identify which positions The objectives of addressing this issue Department of Interior (DOI) approve are paid from which fund. Define basic are to ensure that (1) the salaries of the system and all related forms. employees who work under more than • Accounting system will be changed service levels and optional programs in one Federal program are properly to permit quarterly adjustment between order to prevent supplanting issues. allocated among those programs, in budgeted and actual effort. • Develop policy and procedures in accordance with accurate time • The Department and DOI will accordance with OMB Circulars that distribution records, and (2) that Federal approve PAR and semi-annual would ensure that positions paid out of funds are not paying for personnel that certification forms. Federal funds would not reveal the State should pay. • Target an area selected for a pilot. instances of supplanting. • Train employees and supervisors in • Performance Measures for Issue 3.2 the target area. Provide training regarding the 1. By March 30, 2003, all payroll • Implement the program in the pilot implementation of procedures. registers will reflect the appropriate area piloted and evaluate it. • Implement policy.

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1. By March 30, 2003, the VI will submit a re- 1. The time and attendance accounting plan 1. Management reports showing all staff vised plan to address issues related to time will be implemented by March 30, 2004. members paid with Federal funds and the and attendance accounting and supplanting. distribution of their time by funding source The plan will specifically state how the time will be submitted to the Department quar- and attendance accounting procedures will terly. be integrated with program related budgeting, financial management, planning, and per- sonnel processes. At a minimum, the system will (1) be computer-based and territory-wide, (2) allocate time and attendance to specific programs, (3) ensure that maintenance of ef- fort and supplanting prohibitions in each stat- ute are met and (4) personnel records are properly archived and readily accessible. As part of the plan, the VI will benchmark other States’ (such as Florida) systems and de- velop a time and attendance system that can accurately reflect time distribution across var- ious programs. 2. By September 30, 2002, the VI will develop 2. Management reports showing all staff an accurate list of employees whose time is members paid with Federal funds and the paid in any part with Federal education distribution of their time by funding source funds. The list will identify each employee will be submitted to the Department quar- and the percentage of his/her time that is terly for the duration of the Compliance paid for by each Federal program. The list Agreement beginning for the quarter ending will be provided to the Department and to June 30, 2004. each supervisor of staff whose time is so paid. 3. By September 30, 2002, each supervisor of staff whose time is paid with Federal funds will inform the staff member about how his/ her time is to be allocated and accounted for. The supervisor and the staff member will both sign a document that clearly states the time allocation for the staff member. A copy of each document will be provided to the De- partment as part of the first Compliance Agreement quarterly report.

Issue 4.0: Property Management and vendors within 30 days of invoice which they were purchased. The Procurement receipt, (3) delivery of supplies and inventory policy will include an equipment, that have been tagged and Issue Description established procedure for replacement entered into a tracking system, to or payback of any items in the inventory Procurement and property classrooms within 3 days of inventory that cannot be located, consistent with management are related issues that receipt, and (4) security of property and Federal regulations. In addition, the result in students, and teachers not supplies. inventory policy and system will ensure having the supplies and equipment that that the Property and Procurement, they need. Procurement is a problem Sub-Issue 4.1: Property Management Finance, and Education Departments act because the process takes significant Sub-Issue Description as an integrated team on procurement time and vendors have not been paid in a timely manner. As a result, vendors The VI needs to improve its property issues. They will delineate between have been unwilling to do business with inventory and repair/maintenance responsibilities of individual the VI, resulting in an inability to obtain system. This is a major reason that Departments (including at the local and needed supplies and equipment for classrooms are under equipped. Also, State levels), ensure efficiency and students and teachers. Property better security measures are needed to eliminate duplication of effort, and management is a concern because prevent the theft of vehicles, supplies make provisions for emergency needs to purchased items do not get to and equipment. Through this ensure students’ health and safety. At a classrooms in a timely manner, if at all. Compliance Agreement, VI’s manner of minimum, the inventory management Property cannot be effectively tracked managing inventory will be such that system will reflect when items are and may remain in warehouses, be items purchased with Federal program ordered, when ordered items arrive, delivered to incorrect locations, or be funds can be tracked, are distributed when items are logged into the system, stolen rather than benefiting students timely, and are used for the benefit of and when they are delivered to the and teachers in classrooms. The VI will students. This system will comply with intended location. In addition, the VI develop and implement effective Federal regulations, to include tagging will ensure that inappropriate use of procurement and property management and tracking of inventory and prompt equipment (for example, vehicles or policies and systems that ensure (1) delivery of property purchased with computers) is penalized and that the delivery of ordered inventory within Federal funds to the appropriate Department is reimbursed when specified timeframes for type of supply location, so that items may be used for equipment damage results from such and location of vendor, (2) payment to the purposes of the program under use.

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Performance Measures for Issue 4.0 and Action Steps Required timing for reporting acquisitions and 4.1 In December 2001, VI staff members dispositions—point at which assets are 1. The VI will provide the Department identified the action steps and timelines added to inventory, mandatory with an inventory policy and listed below to address inventory minimum fields for data entry, tagging implementation plan of the inventory management issues. The table below and tracking assets, reconciling physical management system by June 30, 2003. provides further required action steps. inventories to departmental purchase 2. The VI will take immediate action • Issue memorandum from the orders.) Ongoing. to the extent possible to secure all Governor setting deadline and priority • Department of Finance to provide property, in warehouses, schools, and for all Departments to comply with WIN quarterly record of 25600 capital outlay other locations from larcenous behavior ASSETS Personal Property Inventory expenditure reports. or inappropriate or unauthorized use. System. By June 30, 2003, the VI will complete • VIDPP to issue supplemental • VIDPP to reconcile FMS all reasonable steps to secure all guidance memorandum setting default expenditures to WIN ASSETS inventory property, in warehouses, schools, and values. acquisitions quarterly. • other locations from larcenous behavior VIDPP to provide technical support • VIDPP to conduct on site tests and or inappropriate or unauthorized use. for WIN ASSET SYSTEM. • tagging of personal property inventories 3. An inventory policy and system Determine and seek funding for submitted by individual Departments. will be fully implemented by December human and other resources needed to Ongoing. 30, 2004. The policy and system will establish, maintain, inspect, test and include that all property purchased with reconcile data in WIN ASSETS System. • VIDPP MIS to periodically upload Federal program funds will be tagged, • Determine individual departmental departmental inventories, analytically entered into a tracking system, and compliance with WIN ASSETS Personal review data base for various delivered to the appropriate location Property Inventory System governmental purposes and to test within 3 calendar days of receipt. implementation deadline. By accuracy, modify program for 4. By March 31, 2005, all • Convert individual Department departmental and program needs, unaccounted-for items will either be inventories to WIN ASSETS format maintain codes and data classification returned to their intended locations, or (where necessary) and upload for changes in legislation and their full value will be reimbursed to the departmental data to VIDPP system. By • governmental reorganizations. Ongoing Department. VIDPP to conduct meetings with and quarterly. 5. By the end of the second year of the individual Departments about the • Compliance Agreement, the inventory process for maintaining government- VIDPP to conduct training on WIN management system will reflect wide inventories on the WIN ASSETS ASSETS and inventory procedures for minimal losses due to theft. system. designated individuals from all 6. By the end of the Compliance • VIDPP to issue Inventory Departments. Agreement, audits will show minimal Management Procedures Manual. unaccounted-for property. (Establishes ongoing procedures and

Year 1 Year 2 Year 3

1. The VI will revise the steps and timelines of 1. By December 31, 2003, the VI will begin the plan above as they deem necessary and collecting data on items purchased with provide the Department with an inventory pol- Federal funds from ED. On March 30, 2004 icy and implementation plan of the inventory and every six months thereafter until the management system by June 30, 2003. The conclusion of the Compliance Agreement, VI will benchmark other States’ inventory the VI will provide the Department with management policies and systems, or en- management reports that show, at a min- gage a consultant, to ensure that their imum, all items ordered, when the items planned policy and system will deliver in- were ordered, when ordered items arrive, tended results and that their implementation when the items were logged into the sys- time lines are reasonable. tem, and when the items were delivered to the intended locations. Documents to verify the management reports, including copies of equipment and supply orders, vendor de- livery statements, tracking data, and signed receipts showing delivery to schools, will accompany the management reports until the Department deems that such verification data are no longer necessary.. 2. By June 30, 2003, the VI will secure all prop- 2. Within three months after full deployment of erty, in warehouses, schools, and other loca- the new inventory management system tions from larcenous behavior or inappro- (and no later than December 31, 2004), the priate or unauthorized use. Such steps will VI will provide the Department with a list of include controlling access to school buildings, items paid for with Federal funds that are property supply houses, and official vehicle not in service in classrooms (i.e., lost, sto- parking lots, and controlling and tracking ac- len, or improperly deployed items). cess to specific equipment. The VI may wish to benchmark inventory security procedures with other States, or to engage a contractor to supply or consult on security issues.

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Year 1 Year 2 Year 3

3. Within 6 months after full deployment of the new inventory management system (and no later than March 31, 2005), the VI will (1) return improperly deployed, lost, or stolen items to their intended locations as pos- sible, (2) provide the Department with a re- port of items and their values that are still not properly in service in intended locations, and (3) reimburse the Department for the items that have not been returned properly to service. The VI may wish to post a lost property notice in media outlets, and/or offer rewards for information leading to re- turn of property. 4. The inventory management system will be fully implemented by December 30, 2004.

Sub-Issue 4.2: Competitive Procurement • Off island delivery of purchased procurement issues and to meet the (Improved Process) items < 2 months. timelines listed in the table above. • Flow chart new process. Sub-Issue Description Payment of Invoices • List key players and produce The current competitive procurement • Payment of invoices after receipt of directory. and contract process takes too long and acceptable goods or services in 20—30 • Convene working committee does not ensure that vendors days. meetings (all stakeholders). Monthly (contractors) for school services are Delivery of Supplies or Equipment and ongoing. hired and are paid on time. The VI will • • Develop effective document develop a new competitive procurement Delivery of received items to transmittal process, standardized forms, policy and process that ensures that school, activity center, or school district system changes specified, record school services, supplies, equipment in 3 days from receipt. retention policy, competition and other necessary resources are Performance Measures for Issue 4.2 requirements, vendor certification and provided and in classrooms when they representations including eligibility, 1. The VI will provide the Department are needed. The policy and process will responsibilities redefined, personnel with a procurement policy and also ensure that vendors are paid within analysis, and reallocation implementation plan of the 30 days of invoice receipt. In addition recommendation. procurement management process by to the items noted above, the • Prepare new government policies, procurement management process will June 30, 2003. 2. A procurement policy and process procedures, and regulations. include procedures for flexible, timely • will be fully implemented by September Review and approval of new contractual arrangements, sole source policies, procedures and regulations. 30, 2004. • contracts, contract closeout activity, 3. By September 30, 2003, the VI will Distribute and provide orientation including receipt of goods certification, revise the system of requiring 3 bids for to stakeholders on new policies, contracts release, and review of final procedures, and regulations. each and every item submitted on a • payment. requisition to reduce the time needed to Establish improved interagency In December 2001, VI staff developed obtain required items to meet the communication and commitment. the time lines listed in the table below • Hire needed personnel. procurement time lines noted above. • for procurement, vendor payments, and 4. By September 30, 2003, the VI will Train all stakeholders and delivery of supplies or equipment to develop and maintain a short-term responsible personnel. • end users. The procurement policy and emergency by-pass authority/option for Build accountability and timelines process will ensure that the time lines items that cost less than $10,000. into personnel system. are met in all instances by the 5. By the conclusion of the • Pilot implementation of new conclusion of the Compliance Compliance Agreement, the VI will policies, procedures, & regulations. Agreement receive all procurements purchased • Full implementation of new Procurements with Federal education program funds policies, procedures & regulations. • Fully automate requisition, • within the timeframes listed in the table Department of Education from above. purchase order, and contract writing central supply sources in 2 days—1 6. By the conclusion of the process. week. Compliance Agreement, the VI will pay • Conduct periodic process review, • On island purchases < $5,000 in 2 vendors for all procurements related to identifying deficiencies and weeks. education program within 30 days of implementing continuous improvement • On island purchases > $5,000 in 3 receipt of the vendor’s invoice. actions. Ongoing. weeks after receipt by the Department of • Full and effective implementation Property and Procurement. Action Steps Required of new process. Ongoing. • Off island purchases < 3–4 weeks In December 2001, VI staff members • Establish review protocol for after receipt by the Department of identified the following action steps and contracts such that VIOG and VIDJ Property and Procurement. timelines to address competitive review only selected contracts.

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Year 1 Year 2 Year 3

1. The VI will revise the steps and timelines of 1. The procurement management process will 1. VI’s procurement policy and process will the December 2001 plan as they deem nec- be fully implemented by September 30, meet the time lines for procurement, vendor essary and provide the Department with a 2004. payments, and delivery of supplies or procurement policy and implementation plan equipment to end users by the conclusion of the procurement management process by of the Compliance Agreement. September 30, 2003. 2. At the start of the Compliance Agreement, 2. By June 30, 2003, the VI will revise the the VI will begin collecting data on items pro- system of requiring 3 bids for each and cured for education programs to develop every item submitted on a requisition to re- baseline measures of the procurement proc- duce the time needed to obtain required ess. items to meet the procurement time lines noted above. 3. By June 30, 2003, the VI will develop and maintain a short-term emergency by-pass authority/option for items that cost less than $10,000.

The parties agree to faithfully carry Dated: September 4, 2002. Jack Martin, out the terms of this compliance ______/s/______Chief Financial Officer agreement as set forth above. Joanne U. Barry Office of Special Education and For the U.S. Virgin Islands: Director, Division of Personnel Rehabilitative Services Dated: September 5, 2002. Dated: September 6, 2002. ______/s/______/s/______/s/ Robert H. Pasternack, PhD Noreen Michael, PhD Jorge A. Galiber, M.D. Assistant Secretary Virgin Islands Board of Education Commissioner, Department of Office of Vocational and Adult Dated: September 6, 2002. Education Education ______/s/______Dated: September 6, 2002. ______/s/______/s/______Eddie Williams Virgin Islands Board of Vocational Carol D’Amico, Mavis L. Matthew, MD, MPH Assistant Secretary Commissioner, Department of Health Education Office of Elementary and Secondary Dated: September 5, 2002. Dated: September 6, 2002. ______/s/______Education /s/ ______Bernice A. Turnbull Charles W. Turnbull /s/ Commissioner, Department of Finance Governor of the Virgin Islands Susan B. Neuman, EdD Assistant Secretary Dated: September 4, 2002. Approved as to legal sufficiency at the ______/s/______V.I. Department of Justice: Office of English Language Acquisition, Ira Mills Dated: September 3, 2002. Language Enhancement, and Academic Director, Office of Management and ______/s/______Achievement for Limited English Budget Iver A. Stridiron Proficient Students ______Dated: September 6, 2002. Attorney General /s/ ______/s/______For the U.S. Department of Education: Maria Hernandez Ferrier, EdD Marc A. Biggs Dated: September 23, 2002. Director Commissioner, Department of Property Office of the Chief Financial Officer [FR Doc. E7–20847 Filed 10–22–07; 8:45 am] and Procurement ______/s/______BILLING CODE 4000–01–P

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Part VII

The President Executive Order 13448—Blocking Property and Prohibiting Certain Transactions Related to Burma

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Federal Register Presidential Documents Vol. 72, No. 204

Tuesday, October 23, 2007

Title 3— Executive Order 13448 of October 18, 2007

The President Blocking Property and Prohibiting Certain Transactions Related to Burma

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), the Burmese Freedom and Democracy Act of 2003 (Public Law 108–61, as amended, 50 U.S.C. 1701 note), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the Government of Burma’s continued repression of the democratic opposition in Burma, I, GEORGE W. BUSH, President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13047 of May 20, 1997, and relied upon for additional steps taken in Executive Order 13310 of July 28, 2003, finding that the Government of Burma’s continued repression of the democratic opposition in Burma, mani- fested most recently in the violent response to peaceful demonstrations, the commission of human rights abuses related to political repression, and engagement in public corruption, including by diverting or misusing Burmese public assets or by misusing public authority, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby order: Section 1. Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public Law 106–387), or regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in property of the following persons that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, including their overseas branches, are blocked and may not be transferred, paid, ex- ported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex attached and made a part of this order; and (b) any person determined by the Secretary of the Treasury, after consultation with the Secretary of State: (i) to be a senior official of the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma, or any successor entity to any of the foregoing; (ii) to be responsible for, or to have participated in, human rights abuses related to political repression in Burma; (iii) to be engaged, or to have engaged, in activities facilitating public corruption by senior officials of the Government of Burma;

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(iv) to have materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma, any successor entity to any of the foregoing, any senior official of any of the foregoing, or any person whose property and interests in property are blocked pursuant to Executive Order 13310 or section 1(b)(i)-(v) of this order; (v) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to Executive Order 13310 or section 1(b)(i)-(v) of this order; or (vi) to be a spouse or dependent child of any person whose property and interests in property are blocked pursuant to this order or Executive Order 13310. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For purposes of this order: (a) the term ‘‘person’’ means an individual or entity; (b) the term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term ‘‘United States person’’ means any United States citizen, perma- nent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and (d) the term ‘‘Government of Burma’’ means the Government of Burma (sometimes referred to as Myanmar), its agencies, instrumentalities and con- trolled entities, and the Central Bank of Burma. Sec. 4. I hereby determine that the making of donations of the type specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, persons whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13047, and relied upon for additional steps taken in Executive Order 13310, and expanded in this order, and hereby prohibit such donations as provided by section 1 of this order. Sec. 5. For those persons whose property and interests in property are blocked pursuant to section 1 of this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of meas- ures to be taken pursuant to this order would render these measures ineffec- tual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13047, and relied upon for additional steps taken in Executive Order 13310, and expanded in this order, there need be no prior notice of a listing or determination made pursuant to this order.

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Sec. 6. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and section 4 of the Burmese Freedom and Democracy Act of 2003 as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with appli- cable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. Sec. 7. The Secretary of the Treasury, after consultation with the Secretary of State, is authorized to determine, subsequent to the effective date of this order, that circumstances no longer warrant inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section 1 of this order. Sec. 8. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. Sec. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on October 19, 2007.

THE WHITE HOUSE, October 18, 2007.

Billing code 3195–01–P

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[FR Doc. 07–5270 Filed 10–22–07; 9:14 am] Billing code 4810–25–C

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Reader Aids Federal Register Vol. 72, No. 204 Tuesday, October 23, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 3 CFR (See EO 13446) ...... 56175 Presidential Documents 13385 (Superseded in Executive orders and proclamations 741–6000 Proclamations: part by EO 13446)...... 56175 The United States Government Manual 741–6000 6641 (See 13386 Proclamation 8180) ...... 56171 (See EO 13446) ...... 56175 Other Services 8180...... 56171 13445...... 56165 Electronic and on-line services (voice) 741–6020 8181...... 56613 13446...... 56175 Privacy Act Compilation 741–6064 8182...... 56615 13447...... 56179 Public Laws Update Service (numbers, dates, etc.) 741–6043 8183...... 56879 13448...... 60223 TTY for the deaf-and-hard-of-hearing 741–6086 8184...... 56881 Administrative Orders: 8185...... 57477 Notices: 8186...... 57479 ELECTRONIC RESEARCH Notice of October 18, 8187...... 57481 2007 ...... 59473 World Wide Web 8188...... 57483 Memorandums: 8189...... 58467 Memorandum of Full text of the daily Federal Register, CFR and other publications 8190...... 58749 September 28, is located at: http://www.gpoaccess.gov/nara/index.html 8191...... 58751 2007 ...... 56871 Federal Register information and research tools, including Public Executive Orders: Presidential Inspection List, indexes, and links to GPO Access are located at: 11145 (Continued by Determinations: http://www.archives.gov/federallregister EO 13446)...... 56175 No. 2007-34 of 11183 (Continued by September 28, E-mail EO 13446)...... 56175 2007 ...... 56873 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 11287 (Continued by No. 2007-35 of an open e-mail service that provides subscribers with a digital EO 13446)...... 56175 September 28, form of the Federal Register Table of Contents. The digital form 12131 (Continued by 2007 ...... 56875 of the Federal Register Table of Contents includes HTML and EO 13446)...... 56175 No. 2008-1 of October PDF links to the full text of each document. 12196 (Continued by 2, 2007 ...... 58991 EO 13446)...... 56175 To join or leave, go to http://listserv.access.gpo.gov and select 12216 (Continued by 5 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list EO 13446)...... 56175 894...... 58243 (or change settings); then follow the instructions. 12367 (Continued by 1201...... 56883 PENS (Public Law Electronic Notification Service) is an e-mail EO 13446)...... 56175 1210...... 56883 service that notifies subscribers of recently enacted laws. 12382 (Continued by 1215...... 56883 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html EO 13446)...... 56175 1830...... 56617 and select Join or leave the list (or change settings); then follow 12473 (See 2634...... 56241 the instructions. EO 13447) ...... 56179 2638...... 56241 12905 (Continued by Proposed Rules: FEDREGTOC-L and PENS are mailing lists only. We cannot EO 13446)...... 56175 352...... 56019 respond to specific inquiries. 12978 (See Notice of 630...... 58263 Reference questions. Send questions and comments about the October 18, 2007)...... 59473 Federal Register system to: [email protected] 12994 (Amended by 7 CFR The Federal Register staff cannot interpret specific documents or EO 13446)...... 56175 28...... 56242 regulations. 13047 (See EO 205...... 58469 13448) ...... 60223 301...... 57195 13226 (Continued by 924...... 58003 FEDERAL REGISTER PAGES AND DATE, OCTOBER EO 13446)...... 56175 984...... 57839 55655–56008...... 1 13231 (Continued by 989...... 59153 56009–56240...... 2 EO 13446)...... 56175 Proposed Rules: 56241–56616...... 3 13237 (Continued by 6...... 56677 56617–56882...... 4 EO 13446)...... 56175 Ch. VIII...... 56945 13256 (Continued by 56883–57194...... 5 962...... 56678 EO 13446)...... 56175 57195–57482...... 9 13262 (See 8 CFR 57483–57838...... 10 EO 13447) ...... 56179 103...... 56832 57839–58002...... 11 13265 (Continued by 204...... 56832 58003–58242...... 12 EO 13446)...... 56175 213a...... 56832 58243–58468...... 15 13270 (Continued by 299...... 56832 58469–58752...... 16 EO 13446)...... 56175 322...... 56832 58753–58990...... 17 13310 (See EO 58991–59152...... 18 13448) ...... 60223 9 CFR 59153–59474...... 19 13369 (Revoked by 93...... 58375 59475–59938...... 22 EO 13446)...... 56175 94...... 58375 59939–60226...... 23 13379 95...... 58375

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96...... 58375 121...... 57196, 59598 982...... 59936 169...... 56600 135...... 57196 1000...... 59003 175...... 59064 10 CFR Proposed Rules: 3280...... 59338 Ch. I ...... 59157 25...... 58560 3285...... 59338 34 CFR 2...... 57416 39 ...... 56700, 56945, 57502, Proposed Rules: Proposed Rules: 20...... 55864, 59162 57890, 57892, 57894, 57896, 5...... 58448 Ch. VI...... 59494 30...... 55864, 58473 58028, 58267, 58763, 58766, 31...... 55864, 58473 58768, 58770, 58773, 58774, 25 CFR 36 CFR 32...... 55864, 58473 58777, 59225, 59227, 59229, Proposed Rules: 223...... 59187 33...... 55864 59967, 59969 502...... 59044 Proposed Rules: 35...... 55864 60...... 59600 522...... 59044 Ch. I ...... 58030 50...... 55864, 57416 71 ...... 57898, 58561, 58563, 559...... 59044 223...... 59496 51...... 57416 58565, 58566, 58567, 58569 573...... 59044 261...... 59979 52...... 57416 73...... 59971 61...... 55864 91...... 56947 26 CFR 37 CFR 62...... 55864 1 ...... 56619, 57487, 58375, 1...... 57863 15 CFR 72...... 55864 58758 Proposed Rules: 100...... 57416 19...... 57198 602...... 58375 381...... 57101 110...... 55864 21...... 57198 Proposed Rules: 150...... 55864, 58473 22...... 57198 1 ...... 57503, 58781, 58787 38 CFR 170...... 55864 740...... 58757 301...... 56704 14...... 58009 171...... 55864 748...... 56010, 59164 28 CFR Proposed Rules: 430...... 59906 Proposed Rules: 5...... 56136 431...... 58190 740...... 59231 Proposed Rules: 609...... 60116 742...... 59231 16...... 56704 39 CFR Proposed Rules: 744...... 59231 29 CFR 111...... 56901, 57488 50...... 56275 748...... 59231 601...... 58251 52...... 56287 754...... 59231 4022...... 58249 Proposed Rules: 430...... 57254, 59039 4044...... 58249 764...... 59231 111 ...... 57505, 57506, 57507 772...... 59231 Proposed Rules: 11 CFR 121...... 58946 2702...... 58790 122...... 58946 113...... 56245 17 CFR 4003...... 59050 Proposed Rules: 240...... 56514, 56562 40 CFR 30 CFR 100...... 58028, 59953 247...... 56514 9...... 56903 104...... 58028 914...... 59005 18 CFR 51...... 55657, 59190 113...... 59953 917...... 59477 52 ...... 55659, 55664, 55666, 114...... 58028 157...... 59939 926...... 57822 56268, 56623, 56911, 56914, 9004...... 59953 Proposed Rules: 938...... 56619 57202, 57207, 57209, 57864, 9034...... 59953 410...... 57255 946...... 59009 58013, 58016, 58523, 58528, 806...... 55711 Proposed Rules: 58535, 58538, 58542, 58546, 12 CFR 808...... 55711 250...... 56442 58759, 59014, 59207, 59210, 201...... 56889 253...... 56442 59213, 59480 19 CFR 204...... 55655 254...... 56442 55...... 59947 218...... 56514 Ch. I ...... 59166 256...... 56442 59...... 57215 701...... 56247 10...... 58511 780...... 57504 60...... 59190 711...... 58248 24...... 58511 784...... 57504 62...... 59017 Proposed Rules: 102...... 58511 816...... 57504 70...... 58535 16...... 59039 122...... 59943 817...... 57504 72...... 59190 233...... 56680 162...... 58511 944...... 59489 78...... 59190 327...... 58743 163...... 58511 31 CFR 81 ...... 57207, 58538, 59210, 178...... 58511 59213 13 CFR 203...... 59177 82...... 56628 20 CFR Proposed Rules: 285...... 59480 96...... 59190 124...... 57889 404...... 59398 Proposed Rules: 97 ...... 55657, 55666, 56914, 416...... 59398 132...... 56680 57209, 58542, 58546, 59190, 14 CFR 800...... 57900 59480 21 CFR 141...... 57782 1...... 59598 32 CFR 11...... 59598 314...... 58993 142...... 57782 23...... 59939 516...... 57199 213...... 56011 180...... 57489, 57492 25...... 57842, 57844 522...... 56896 752...... 56267 721...... 56903, 57222 33...... 58972 556...... 56896, 57199 Proposed Rules: 750...... 57235 39 ...... 55657, 56254, 56256, 558...... 56896 212...... 56021 761...... 57235 56258, 56262, 56618, 56890, 600...... 59000 217...... 59053 Proposed Rules: 56891, 57195, 57848, 57850, 880...... 59175 50...... 58030 33 CFR 57854, 58005, 58007, 58489, Proposed Rules: 51...... 55717, 59065 58491, 58492, 58495, 58497, 15...... 59973 117 ...... 56013, 56898, 57487, 52 ...... 55723, 56312, 56706, 58499, 58502, 58504, 58753, 600...... 59041 57858, 58250, 58758, 58759, 56707, 56974, 56975, 57257, 58755, 59475 870...... 56702 59012, 59013 57907, 58031, 58570, 58571, 60...... 59598 1314...... 55712 165 ...... 56014, 56898, 57200, 59065, 59066, 59506 71 ...... 57485, 57486, 58993 57858, 57861, 57863, 58522, 63...... 59067 91...... 57196 22 CFR 59944 70...... 58571, 59065 95...... 56009 171...... 57857 Proposed Rules: 71...... 59065 97 ...... 56266, 56894, 58507, 110...... 57901, 59491 81 ...... 56312, 58572, 58577 58509 24 CFR 117...... 56025, 57904 97...... 58571, 59506 119...... 57196 203...... 56002, 56156 165...... 56308, 56972 112...... 58378

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180...... 56325 47 CFR 173...... 55678 571 ...... 56713, 57260, 57459 271...... 57258 1...... 56015 174...... 55678 12...... 57879 175...... 55678 42 CFR 50 CFR 22...... 56015 176...... 55678 16...... 59019 411...... 57634 24...... 56015 178...... 55678, 59146 412...... 57634 27...... 56015 179...... 55678 17...... 60068 180...... 55678 413...... 57634 53...... 58021 20...... 58452 222...... 59019 418...... 55672 64...... 58021 21...... 56926 229...... 59216 489...... 57634 73...... 59488 229...... 57104, 59035 365...... 55697 1001...... 56632 76...... 56645 635...... 56929, 57104 369...... 55697 Proposed Rules: 648 ...... 55704, 57104, 57500, 90 ...... 56015, 56923, 57888 381...... 55697 71...... 55729 59224, 59951 101...... 55673 382...... 55697 Proposed Rules: 660 ...... 55706, 55707, 55708, 43 CFR 383...... 55697 55709, 56664, 58258 73 ...... 59507, 59508, 59509, 384...... 55697 665...... 58259 Proposed Rules: 59510 385...... 55697 679 ...... 56016, 56017, 56273, 10...... 58582 386...... 55697 48 CFR 56274, 56933, 56934, 57252, 44 CFR 387...... 55697 Proposed Rules: 388...... 55697 57501, 57888, 58261, 58559, 64...... 58020 1516...... 56708 389...... 55697 59037, 59038, 59952 65...... 57241 1533...... 56708 390...... 55697 697...... 56935 67 ...... 56920, 57245, 58553 1552...... 56708 391...... 55697 Proposed Rules: 206...... 57869 392...... 55697 17 ...... 56979, 57273, 57276, 207...... 57869 49 CFR 393...... 55697 57278, 57511, 57740, 58618, Proposed Rules: 105...... 55678 395...... 55697 58793, 59979, 59983 67 ...... 56975, 58590, 58598, 106...... 55678 397...... 55697 26...... 58982 58599, 58615 107...... 55678 512...... 59434 92...... 58274 110...... 55678 571...... 57450 216...... 58279 46 CFR 130...... 55678 Proposed Rules: 622...... 58031, 59989 67...... 58762 171...... 55678 541...... 58268 635 ...... 55729, 56036, 56330 515...... 56272 172...... 55678, 59146 565...... 56027 648...... 58280, 58622

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REMINDERS 29-07; published 9-28- FARM CREDIT The items in this list were COMMENTS DUE NEXT 07 [FR E7-19252] ADMINISTRATION editorially compiled as an aid WEEK DEFENSE DEPARTMENT Farm credit system: to Federal Register users. Defense Acquisition Federal Agriculture Mortgage Corporation Inclusion or exclusion from AGRICULTURE Regulations System funding and fiscal this list has no legal DEPARTMENT Acquisition regulations: significance. affairs— Animal and Plant Health Carriage vessel overhaul, Risk-based capital Inspection Service repair and maintenance; requirements; comments comments due by 10-29- Agricultural Bioterrorism due by 10-29-07; RULES GOING INTO 07; published 8-28-07 [FR Protection Act of 2002; published 9-13-07 [FR EFFECT OCTOBER 23, implementation: E7-17037] 2007 E7-18014] ENVIRONMENTAL Select agent and toxin list; FEDERAL PROTECTION AGENCY biennial review and COMMUNICATIONS ENERGY DEPARTMENT republication; comments Air programs; approval and COMMISSION due by 10-29-07; Loan guarantees for projects promulgation; State plans Common carrier services: that employ innovative published 8-28-07 [FR E7- for designated facilities and Commercial mobile radio technologies; published 10- 17039] pollutants: service providers; roaming 23-07 AGRICULTURE Missouri; comments due by obligations reexamination; DEPARTMENT FEDERAL 10-29-07; published 9-27- comments due by 10-29- COMMUNICATIONS Grain Inspection, Packers 07 [FR E7-19120] 07; published 8-30-07 [FR COMMISSION and Stockyards Air quality implementation E7-17123] Administration Common carrier services: plans: HEALTH AND HUMAN Practice and procedure: Wireless telecommunications Preparation, adoption, and SERVICES DEPARTMENT services— Packers and Stockyards submittal— Centers for Medicare & Act; poultry contracts; Volatile organic Medicaid Services 698-806 MHz band initiation, performance, service rules, public compounds; definition Medicaid: and termination; revised; comments due safety spectrum comments due by 10-30- Outpatient clinic and requirements, and anti- by 10-31-07; published hospital facility services; 07; published 8-1-07 [FR 10-1-07 [FR E7-19324] collusion rule reporting E7-14924] definitions and payment requirement; published Air quality implementation limits; comments due by 8-24-07 AGRICULTURE plans; approval and 10-29-07; published 9-28- DEPARTMENT promulgation; various States HEALTH AND HUMAN 07 [FR E7-19154] Rural Utilities Service SERVICES DEPARTMENT New York; comments due Medicare and Medicaid: Materials and construction; by 10-31-07; published Ambulatory surgical centers; Centers for Medicare & electric standards and 10-1-07 [FR E7-19346] Medicaid Services coverage conditions; specifications: Air quality implementation comments due by 10-30- Medicare: Primary underground power plans; approval and 07; published 8-31-07 [FR Medicare Integrity Program; cable; comments due by promulgation; various 07-04148] fiscal intermediary and 10-29-07; published 8-30- States; air quality planning Medicare: carrier functions, and 07 [FR E7-17194] purposes; designation of Home health prospective conflict of interest COMMERCE DEPARTMENT areas: payment system; 2008 CY requirements; published 8- National Oceanic and North Carolina; comments refinement and rate 24-07 Atmospheric Administration due by 11-2-07; published update; comments due by HOMELAND SECURITY Fishery conservation and 10-3-07 [FR E7-19513] 10-29-07; published 8-29- DEPARTMENT management: Air quality implementation 07 [FR 07-04184] U.S. Customs and Border Atlantic highly migratory plans; approval and HEALTH AND HUMAN Protection species— promulgation; various SERVICES DEPARTMENT Air commerce: Atlantic bluefin tuna; States: Food and Drug Ohio; comments due by 10- User fee airports; list— comments due by 11-1- Administration 07; published 10-2-07 29-07; published 9-27-07 Biological products: Addison Airport, TX, et [FR E7-19421] [FR E7-18894] al.; published 10-23-07 Blood, blood components, Atlantic commercial shark Pesticides; tolerances in food, and source plasma; TRANSPORTATION management measures; animal feeds, and raw requirements; comments DEPARTMENT comments due by 10- agricultural commodities: due by 10-30-07; Federal Aviation 31-07; published 10-1- Dibasic esters; comments published 8-16-07 [FR E7- Administration 07 [FR E7-19378] due by 10-29-07; 15943] Airworthiness directives: Atlantic shark; comments published 8-29-07 [FR E7- Blood, blood components, 17109] Airbus; published 9-18-07 due by 11-2-07; and source plasma; published 10-3-07 [FR Flusilazole; comments due requirements— General Electric Co.; E7-19544] by 10-29-07; published 8- Correction; comments due published 9-18-07 Northeastern United States 29-07 [FR E7-17110] by 10-30-07; published Hawker Beechcraft; fisheries— Flutriafol; comments due by 9-24-07 [FR E7-18802] published 9-18-07 Northeast multispecies; 10-29-07; published 8-29- HEALTH AND HUMAN Airworthiness standards: comments due by 10- 07 [FR E7-17112] SERVICES DEPARTMENT Normal, utility, acrobatic, 31-07; published 10-16- Propylene oxide; comments Quarantine, inspection, and and commuter category 07 [FR E7-20386] due by 10-29-07; licensing: airplanes— West Coast States and published 8-29-07 [FR E7- Select agents and toxins; Emergency landing Western Pacific 17010] possession, use, and conditions; CFR fisheries— Spinosad; comments due by transfer; comments due correction; published Coastal pelagic species; 10-29-07; published 8-29- by 10-29-07; published 8- 10-23-07 comments due by 10- 07 [FR E7-16897] 28-07 [FR 07-04233]

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INTERIOR DEPARTMENT 07; published 8-31-07 [FR insurance contracts; in ‘‘slip law’’ (individual Fish and Wildlife Service E7-17289] diversification pamphlet) form from the Endangered and threatened ATR; comments due by 10- requirements; comments Superintendent of Documents, species: 29-07; published 9-28-07 due by 10-29-07; U.S. Government Printing Critical habitat [FR E7-19201] published 7-31-07 [FR E7- Office, Washington, DC 20402 designations— Airworthiness Directives: 14620] (phone, 202–512–1808). The text will also be made Monterey spineflower; BAE Systems (Operations) Income taxes: available on the Internet from comments due by 10- Ltd.; comments due by Losses sustained from GPO Access at http:// 31-07; published 10-16- 10-29-07; published 9-28- abandoned securities; www.gpoaccess.gov/plaws/ 07 [FR E7-20241] 07 [FR E7-19197] comments due by 10-29- index.html. Some laws may Airworthiness directives: 07; published 7-30-07 [FR Findings on petitions, etc.— not yet be available. Gunnison’s prairie dog; Boeing; comments due by E7-14616] comments due by 10- 10-29-07; published 8-28- Type III supporting S. 474/P.L. 110–95 29-07; published 8-28- 07 [FR E7-16909] organizations that are not 07 [FR E7-16941] General Electric Co.; functionally integrated; To award a congressional payout requirements; MILLENNIUM CHALLENGE comments due by 10-29- gold medal to Michael Ellis comments due by 10-31- CORPORATION 07; published 8-28-07 [FR DeBakey, M.D. (Oct. 16, E7-16554] 07; published 8-2-07 [FR 2007; 121 Stat. 1008) Freedom of Information Act; E7-14925] implementation; comments Saab; comments due by 10- S. 1612/P.L. 110–96 due by 10-29-07; published 29-07; published 9-28-07 TREASURY DEPARTMENT 8-28-07 [FR E7-16143] [FR E7-19202] Alcohol and Tobacco Tax International Emergency NATIONAL CREDIT UNION Class E airspace; comments and Trade Bureau Economic Powers ADMINISTRATION due by 11-2-07; published Alcoholic beverages: Enhancement Act (Oct. 16, Credit unions: 9-18-07 [FR E7-18332] Wines, distilled spirits, and 2007; 121 Stat. 1011) TRANSPORTATION malt beverages; labeling Federal and corporate credit Last List October 12, 2007 unions; permissible foreign DEPARTMENT and advertising— currency investments; Federal Transit Alcohol content statement; comments due by 10-30- Administration comments due by 10- 29-07; published 7-31- 07; published 8-1-07 [FR Major capital investment Public Laws Electronic E7-14849] 07 [FR E7-14774] projects: Notification Service SECURITIES AND New Starts Program and (PENS) EXCHANGE COMMISSION proposed Small Starts LIST OF PUBLIC LAWS Investment advisers: program category; Broker-dealers; Interpretive comments due by 11-1- This is a continuing list of PENS is a free electronic mail rule provisions; comments 07; published 8-3-07 [FR public bills from the current notification service of newly due by 11-2-07; published E7-14285] session of Congress which enacted public laws. To 9-28-07 [FR E7-19269] TREASURY DEPARTMENT have become Federal laws. It subscribe, go to http:// Internal Revenue Service may be used in conjunction TRANSPORTATION listserv.gsa.gov/archives/ with ‘‘PLUS’’ (Public Laws DEPARTMENT Estate and gift taxes: publaws-l.html Federal Aviation Generation-skipping transfer Update Service) on 202–741– 6043. This list is also Administration tax purposes; severance Note: This service is strictly Airworthiness directives: of trust; comments due by available online at http:// www.archives.gov/federal- for E-mail notification of new Airbus; comments due by 10-31-07; published 8-2- register/laws.html. laws. The text of laws is not 10-29-07; published 9-28- 07 [FR E7-14850] available through this service. 07 [FR E7-19258] Income taxes: The text of laws is not PENS cannot respond to Alexandria Aircraft, LLC; Variable annuity, published in the Federal specific inquiries sent to this comments due by 10-30- endowment, and life Register but may be ordered address.

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