11–6–07 Tuesday Vol. 72 No. 214 Nov. 6, 2007

Pages 62559–62766

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Contents Federal Register Vol. 72, No. 214

Tuesday, November 6, 2007

Agricultural Marketing Service Education Department PROPOSED RULES NOTICES Egg, poultry, and rabbit products; inspection and grading: Meetings: Fees and charges increase, 62591–62593 Historically Black Colleges and Universities Capital Financing Advisory Board, 62635 Agricultural Research Service Postsecondary education: NOTICES Federal Family Education Loan Program— Patent licenses; non-exclusive, exclusive, or partially Interest rates, 62635–62637 exclusive: William D. Ford Federal Direct Loan Program— ISTO Technologies, Inc., 62623 Interest rates, 62637–62639 Peterson Seed Associates, 62623 Election Assistance Commission Agriculture Department NOTICES See Agricultural Marketing Service Reports and guidance documents; availability, etc.: See Agricultural Research Service Voluntary voting system guidelines, 62639–62640 See Food Safety and Inspection Service See Foreign Agricultural Service Employment and Training Administration See Grain Inspection, Packers and Stockyards NOTICES Administration Adjustment assistance; applications, determinations, etc.: See Rural Utilities Service Hartmann et al., 62678–62679 Marathon USA, LLC, 62679 Alcohol, Tobacco, Firearms, and Explosives Bureau Renfro Corp., 62680 NOTICES RF Monolithics, Inc., 62680 Agency information collection activities; proposals, Storeroom Solutions et al., 62680–62682 submissions, and approvals, 62677 Track Corp., 62682–62683

Army Department Energy Department See Engineers Corps See Federal Energy Regulatory Commission NOTICES Senior Executive Service Performance Review Board; Engineers Corps membership, 62634 NOTICES Environmental statements; notice of intent: Arts and Humanities, National Foundation Beaufort County, NC; Potash Corp. of Saskatchewan See National Foundation on the Arts and the Humanities phosphate mine continuation, 62634–62635 Environmental Protection Agency Centers for Medicare & Medicaid Services RULES RULES Air quality implementation plans; approval and Medicare: promulgation; various States: Hospital inpatient prospective payment systems and 2008 Colorado, 62571–62579 FY rates Louisiana, 62579–62585 Correction, 62585–62587 PROPOSED RULES Air quality implementation plans; approval and Children and Families Administration promulgation; various States: NOTICES Colorado, 62615–62616 Agency information collection activities; proposals, Louisiana, 62616 submissions, and approvals, 62650–62657 NOTICES Meetings: Coast Guard Scientific Counselors Board, 62645–62646 PROPOSED RULES Ports and waterways safety; regulated navigation areas, Farm Credit Administration safety zones, security zones, etc.: NOTICES Manbirtee Key, Manatee, FL, 62613–62615 Meetings; Sunshine Act, 62647 St. Petersburg Captain of Port Zone, FL, 62609–62613 Federal Aviation Administration Commerce Department RULES See International Trade Administration Airworthiness directives: See National Oceanic and Atmospheric Administration Airbus, 62566–62568 Bombardier, 62559–62560 Defense Department CTRM Aviation Sdn. Bhd., 62560–62562 See Army Department Fokker, 62562–62564 See Engineers Corps Goodrich, 62568–62570

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Saab, 62564–62566 Foreign Agricultural Service NOTICES Federal Communications Commission Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 62624 Radio broadcasting: FM translators; use by AM stations as fill-in service, Grain Inspection, Packers and Stockyards Administration 62616–62622 NOTICES NOTICES Meetings: Debarment proceedings: Grain Inspection Advisory Committee, 62624–62625 Scott, Arthur R., 62647–62648 Senior Executive Service Performance Review Board; Health and Human Services Department membership, 62648 See Centers for Medicare & Medicaid Services See Children and Families Administration Federal Election Commission See Food and Drug Administration PROPOSED RULES See Indian Health Service Reports by political committees: See National Institutes of Health Bundled contributions; information disclosure by NOTICES lobbyists and registrants, 62600–62607 Reports and guidance documents; availability, etc.: NOTICES Genetic testing oversight, 62650 Special elections; filing dates: Virginia, 62648–62649 Homeland Security Department See Coast Guard Federal Energy Regulatory Commission See Transportation Security Administration NOTICES See U.S. Citizenship and Immigration Services Environmental statements; availability, etc.: See U.S. Customs and Border Protection Guardian Pipeline, L.L.C., 62641–62642 Santee Cooper Hydroelectric Project, 62642–62643 Housing and Urban Development Department Environmental statements; notice of intent: NOTICES El Paso Natural Gas Co., 62643–62644 Agency information collection activities; proposals, Off-the record communications, 62644–62645 submissions, and approvals, 62668–62669 Applications, hearings, determinations, etc.: Benton County Wind Farm et al., 62640 Indian Health Service Quicksilver Resources, Inc., et al., 62640–62641 NOTICES Xcel Energy Services Inc. et al., 62641 Agency information collection activities; proposals, submissions, and approvals, 62658–62659 Federal Highway Administration NOTICES Interior Department Environmental statements; notice of intent: See Fish and Wildlife Service Clark County, NV, 62723 See Land Management Bureau See Minerals Management Service Federal Reserve System NOTICES NOTICES Oil and gas leases: Banks and bank holding companies: Montana, 62669 Change in bank control, 62649 Formations, acquisitions, and mergers, 62649–62650 Internal Revenue Service PROPOSED RULES Fish and Wildlife Service Income taxes: RULES Partner’s distributive share Endangered and threatened species: Correction, 62608–62609 Critical habitat designations— NOTICES Cape Sable seaside sparrow, 62736–62766 Committees; establishment, renewal, termination, etc.: NOTICES Commissioner of Internal Revenue Advisory Group, Endangered and threatened species permit applications, 62731 determinations, etc., 62669–62670 Information Reporting Program Advisory Committee, 62731 Food and Drug Administration RULES International Trade Administration Animal drugs, feeds, and related products: NOTICES Ractopamine, 62570–62571 Antidumping: NOTICES Circular welded carbon quality steel pipe from— Meetings: China, 62626 Medical Devices Advisory Committee, 62658 Folding metal tables and chairs from— China, 62626–62628 Food Safety and Inspection Service Steel concrete reinforcing bars from— NOTICES Turkey, 62628–62633 Committees; establishment, renewal, termination, etc.: Antidumping and countervailing duties: Meat and Poultry Inspection National Advisory Cut-to-length carbon-quality steel plate products from— Committee, 62623–62624 Korea, 62625–62626

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International Trade Commission National Institute on Drug Abuse, 62665 NOTICES Scientific Review Center, 62665–62666 Import investigations: Unified communications systems, products used with National Oceanic and Atmospheric Administration such systems, and components, 62675–62676 RULES Meetings: Sunshine Act, 62676 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Justice Department Pacific ocean perch, 62590 See Alcohol, Tobacco, Firearms, and Explosives Bureau Marine mammals: See Justice Programs Office Commercial fishing authorizations— NOTICES Atlantic Large Whale Take Reduction Plan, 62587– Agency information collection activities; proposals, 62589 submissions, and approvals, 62676 NOTICES Environmental statements; notice of intent: Justice Programs Office Papahanaumokuakea Marine National Monument, HI; NOTICES natural resources science plan, 62633–62634 Agency information collection activities; proposals, submissions, and approvals, 62677–62678 Nuclear Regulatory Commission NOTICES Labor Department Environmental statements; availability, etc.: See Employment and Training Administration Duke Power Co. LLC, 62684 NOTICES Meetings; Sunshine Act, 62684–62685 Environmental statements; availability, etc.: Operating licenses, amendments; no significant hazards College Park, GA; Job Corps Center construction, 62678 considerations; biweekly notices, 62685–62696

Land Management Bureau Personnel Management Office NOTICES NOTICES Environmental statements; notice of intent: Excepted service; positions placed or revoked, 62696–62698 California Desert Conservation Area, CA, 62671–62672 Rural Utilities Service Minerals Management Service NOTICES NOTICES Environmental statements; availability, etc.: Environmental statements; availability, etc.: Dry Fork Station and Hughes Transmission Project, WY, Alternative Energy and Alternate Use Program, 62672– 62625 62673 Outer Continental Shelf operations: Securities and Exchange Commission Alternative energy resource assessment and technology NOTICES testing activities; information request and Agency information collection activities; proposals, nominations for areas leases, 62673–62675 submissions, and approvals, 62698–62701 Investment Company Act of 1940: National Foundation on the Arts and the Humanities MyShares Trust et al., 62701–62705 NOTICES Rafferty Asset Management et al., 62705–62709 Agency information collection activities; proposals, Meetings; Sunshine Act, 62709 submissions, and approvals, 62683–62684 Self-regulatory organizations; proposed rule changes: NASDAQ Stock Market LLC, 62709–62719 National Highway Traffic Safety Administration New York Stock Exchange LLC, 62719–62721 NOTICES Agency information collection activities; proposals, Small Business Administration submissions, and approvals, 62723–62727 NOTICES Motor vehicle theft prevention standards; exemption Disaster loan areas: petitions, etc.: Connecticut, 62721–62722 Chrysler LLC, 62728–62729 Social Security Administration National Institutes of Health PROPOSED RULES NOTICES Social security benefits and supplemental security income: Agency information collection activities; proposals, Federal old age, survivors, and disability insurance, and submissions, and approvals, 62659–62662 aged, blind, and disabled— Meetings: Compassionate allowances for rare diseases; hearing, Advisory Committee to Director, 62662 62607–62608 National Heart, Lung, and Blood Institute, 62662–62663 NOTICES National Institute of Allergy and Infectious Diseases, Reports and guidance documents; availability, etc.: 62663 Social security benefits service providers; web service National Institute of Child Health and Human beta test, 62722–62723 Development, 62663–62665 National Institute of Neurological Disorders and Stroke, Surface Transportation Board 62663 NOTICES National Institute on Alcohol Abuse and Alcoholism, Railroad services abandonment: 62665 Cape Fear Railways, Inc., 62729–62730

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Transportation Department Veterans Affairs Department See Federal Aviation Administration NOTICES See Federal Highway Administration Agency information collection activities; proposals, See National Highway Traffic Safety Administration submissions, and approvals, 62731–62734 See Surface Transportation Board Transportation Security Administration NOTICES Separate Parts In This Issue Maritime and land transportation security: Transportation Worker Identification Credential; enrollment— Part II Honolulu, HI, et al., 62667 Interior Department, Fish and Wildlife Service, 62736– 62766 Treasury Department See Internal Revenue Service NOTICES Taxable imported substances; determinations: Synthetic linear fatty alcohols, 62730 Reader Aids Consult the Reader Aids section at the end of this issue for U.S. Citizenship and Immigration Services phone numbers, online resources, finding aids, reminders, NOTICES and notice of recently enacted public laws. Agency information collection activities; proposals, To subscribe to the Federal Register Table of Contents submissions, and approvals, 62667–62668 LISTSERV electronic mailing list, go to http:// U.S. Customs and Border Protection listserv.access.gpo.gov and select Online mailing list PROPOSED RULES archives, FEDREGTOC-L, Join or leave the list (or change Immigration regulations: settings); then follow the instructions. Nonimmigrant aliens infected with HIV; visa and authorization for temporary admission into U.S., 62593–62600

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR Proposed Rules: 56...... 62591 70...... 62591 8 CFR Proposed Rules: 100...... 62593 212...... 62593 11 CFR Proposed Rules: 100...... 62600 104...... 62600 14 CFR 39 (6 documents) ...... 62559, 62560, 62562, 62564, 62566, 62568 20 CFR Proposed Rules: 404...... 62607 405...... 62607 416...... 62607 21 CFR 558...... 62570 26 CFR Proposed Rules: 1...... 62608 33 CFR Proposed Rules: 165 (2 documents) ...... 62609, 62613 40 CFR 52 (2 documents) ...... 62571, 62579 Proposed Rules: 52 (2 documents) ...... 62615, 62616 42 CFR 411...... 62585 412...... 62585 413...... 62585 489...... 62585 47 CFR Proposed Rules: 74...... 62616 50 CFR 17...... 62736 229...... 62587 679...... 62590

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Rules and Regulations Federal Register Vol. 72, No. 214

Tuesday, November 6, 2007

This section of the FEDERAL REGISTER www.regulations.gov or in person at the general, agree with their substance. But contains regulatory documents having general U.S. Department of Transportation, we might have found it necessary to use applicability and legal effect, most of which Docket Operations, M–30, West different words from those in the MCAI are keyed to and codified in the Code of Building Ground Floor, Room W12–140, to ensure the AD is clear for U.S. Federal Regulations, which is published under 1200 New Jersey Avenue, SE., operators and is enforceable. In making 50 titles pursuant to 44 U.S.C. 1510. Washington, DC. these changes, we do not intend to differ The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: Dan substantively from the information the Superintendent of Documents. Prices of Parrillo, Aerospace Engineer, Systems provided in the MCAI and related new books are listed in the first FEDERAL and Flight Test Branch, ANE–172, FAA, service information. REGISTER issue of each week. New York Aircraft Certification Office, We might also have required different 1600 Stewart Avenue, Suite 410, actions in this AD from those in the Westbury, New York 11590; telephone MCAI in order to follow our FAA DEPARTMENT OF TRANSPORTATION (516) 228–7305; fax (516) 794–5531. policies. Any such differences are highlighted in a Note within the AD. Federal Aviation Administration SUPPLEMENTARY INFORMATION: Costs of Compliance Discussion 14 CFR Part 39 We estimate that this AD will affect We issued a notice of proposed about 150 products of U.S. registry. We [Docket No. FAA–2007–29066; Directorate rulemaking (NPRM) to amend 14 CFR also estimate that it will take about 3 Identifier 2007–NM–147–AD; Amendment part 39 to include an AD that would work-hours per product to comply with 39–15250; AD 2007–23–04] apply to the specified products. That the basic requirements of this AD. The NPRM was published in the Federal RIN 2120–AA64 average labor rate is $80 per work-hour. Register on August 31, 2007 (72 FR Required parts will cost about $0 per Airworthiness Directives; Bombardier 50288). That NPRM proposed to correct product. Where the service information Model DHC–8–102, –103, –106, –201, an unsafe condition for the specified lists required parts costs that are –202, –301, –311, and –315 Airplanes products. The MCAI states: covered under warranty, we have AGENCY: Federal Aviation It has been discovered in several cases that assumed that there will be no charge for Administration (FAA), Department of clamp bolts of the elevator spring tab these parts. As we do not control Transportation (DOT). mechanism were not installed in the correct warranty coverage for affected parties, orientation. Bolts have been found installed ACTION: Final rule. with bolt heads on the lower position and in some parties may incur costs higher two cases, some bolts, nuts and washers than estimated here. Based on these SUMMARY: We are adopting a new [hardware] were found to be loose or missing. figures, we estimate the cost of this AD airworthiness directive (AD) for the Detachment of an elevator spring tab to the U.S. operators to be $36,000, or products listed above. This AD results mechanism clamp bolt could lead to jamming $240 per product. from mandatory continuing of the elevator control system and reduced airworthiness information (MCAI) controllability of the aircraft. Authority for This Rulemaking originated by an aviation authority of The corrective action is a one-time Title 49 of the United States Code another country to identify and correct inspection of the left- and right-hand specifies the FAA’s authority to issue an unsafe condition on an aviation elevator spring tab mechanism hardware rules on aviation safety. Subtitle I, product. The MCAI describes the unsafe for correct installation, and prior to section 106, describes the authority of condition as: further flight, installing new hardware the FAA Administrator. ‘‘Subtitle VII: It has been discovered in several cases that for any hardware that is incorrectly Aviation Programs,’’ describes in more clamp bolts of the elevator spring tab installed. You may obtain further detail the scope of the Agency’s mechanism were not installed in the correct information by examining the MCAI in authority. orientation. Bolts have been found installed the AD docket. We are issuing this rulemaking under with bolt heads on the lower position and in the authority described in ‘‘Subtitle VII, two cases, some bolts, nuts and washers Comments Part A, Subpart III, Section 44701: [hardware] were found to be loose or missing. We gave the public the opportunity to General requirements.’’ Under that Detachment of an elevator spring tab section, Congress charges the FAA with mechanism clamp bolt could lead to jamming participate in developing this AD. We of the elevator control system and reduced received no comments on the NPRM or promoting safe flight of civil aircraft in controllability of the aircraft. on the determination of the cost to the air commerce by prescribing regulations public. for practices, methods, and procedures We are issuing this AD to require the Administrator finds necessary for actions to correct the unsafe condition Conclusion safety in air commerce. This regulation on these products. We reviewed the available data and is within the scope of that authority DATES: This AD becomes effective determined that air safety and the because it addresses an unsafe condition December 11, 2007. public interest require adopting the AD that is likely to exist or develop on The Director of the Federal Register as proposed. products identified in this rulemaking approved the incorporation by reference action. of a certain publication listed in this AD Differences Between This AD and the as of December 11, 2007. MCAI or Service Information Regulatory Findings ADDRESSES: You may examine the AD We have reviewed the MCAI and We determined that this AD will not docket on the Internet at http:// related service information and, in have federalism implications under

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Executive Order 13132. This AD will Applicability (2) Airworthy Product: For any requirement not have a substantial direct effect on (c) This AD applies to Bombardier Model in this AD to obtain corrective actions from the States, on the relationship between DHC–8–102, –103, –106, –201, –202, –301, a manufacturer or other source, use these –311, and –315 airplanes; certificated in any actions if they are FAA-approved. Corrective the national government and the States, actions are considered FAA-approved if they or on the distribution of power and category; serial numbers 003 through 611 inclusive. are approved by the State of Design Authority responsibilities among the various (or their delegated agent). You are required levels of government. Subject to assure the product is airworthy before it For the reasons discussed above, I (d) Air Transport Association (ATA) of is returned to service. certify this AD: America Code 27: Flight controls. (3) Reporting Requirements: For any 1. Is not a ‘‘significant regulatory reporting requirement in this AD, under the action’’ under Executive Order 12866; Reason provisions of the Paperwork Reduction Act, 2. Is not a ‘‘significant rule’’ under the (e) The mandatory continuing the Office of Management and Budget (OMB) DOT Regulatory Policies and Procedures airworthiness information (MCAI) states: has approved the information collection requirements and has assigned OMB Control (44 FR 11034, February 26, 1979); and It has been discovered in several cases that Number 2120–0056. 3. Will not have a significant clamp bolts of the elevator spring tab economic impact, positive or negative, mechanism were not installed in the correct Related Information on a substantial number of small entities orientation. Bolts have been found installed (h) Refer to MCAI Canadian Airworthiness under the criteria of the Regulatory with bolt heads on the lower position and in Directive CF–2007–08, dated June 4, 2007, two cases, some bolts, nuts and washers and Bombardier Service Bulletin 8–27–106, Flexibility Act. [hardware] were found to be loose or missing. We prepared a regulatory evaluation dated February 7, 2006, for related Detachment of an elevator spring tab information. of the estimated costs to comply with mechanism clamp bolt could lead to jamming this AD and placed it in the AD docket. of the elevator control system and reduced Material Incorporated by Reference controllability of the aircraft. Examining the AD Docket (i) You must use Bombardier Service The corrective action is a one-time Bulletin 8–27–106, dated February 7, 2006, to You may examine the AD docket on inspection of the left- and right-hand elevator do the actions required by this AD, unless the the Internet at http:// spring tab mechanism hardware for correct AD specifies otherwise. www.regulations.gov; or in person at the installation, and prior to further flight, (1) The Director of the Federal Register Docket Operations office between 9 a.m. installing new hardware for any hardware approved the incorporation by reference of and 5 p.m., Monday through Friday, that is incorrectly installed. this service information under 5 U.S.C. 552(a) and 1 CFR part 51. except Federal holidays. The AD docket Actions and Compliance (2) For service information identified in contains the NPRM, the regulatory (f) Unless already done, do the following this AD, contact Bombardier, Inc., evaluation, any comments received, and actions. Bombardier Regional Aircraft Division, 123 other information. The street address for (1) Within 12 months after the effective Garratt Boulevard, Downsview, Ontario M3K the Docket Operations office (telephone date of this AD: Carry out a one-time 1Y5, Canada. (800) 647–5527) is in the ADDRESSES inspection of the left- and right-hand elevator (3) You may review copies at the FAA, section. Comments will be available in spring tab mechanism hardware for correct Transport Airplane Directorate, 1601 Lind the AD docket shortly after receipt. installation according to the Avenue, SW., Renton, Washington; or at the Accomplishment Instructions of Bombardier National Archives and Records List of Subjects in 14 CFR Part 39 Service Bulletin 8–27–106, dated February 7, Administration (NARA). For information on 2006. the availability of this material at NARA, call Air transportation, Aircraft, Aviation (2) If any hardware is found incorrectly (202) 741–6030, or go to: http:// safety, Incorporation by reference, installed during the inspection required by www.archives.gov/federal-register/cfr/ibr- Safety. paragraph (f)(1) of this AD, prior to further locations.html. Adoption of the Amendment flight, install new hardware according to the Issued in Renton, Washington, on October Accomplishment Instructions of Bombardier 27, 2007. Service Bulletin 8–27–106, dated February 7, I Accordingly, under the authority Stephen P. Boyd, 2006. delegated to me by the Administrator, Assistant Manager, Transport Airplane the FAA amends 14 CFR part 39 as FAA AD Differences Directorate, Aircraft Certification Service. follows: Note: This AD differs from the MCAI and/ [FR Doc. E7–21672 Filed 11–5–07; 8:45 am] or service information as follows: No BILLING CODE 4910–13–P PART 39—AIRWORTHINESS differences. DIRECTIVES Other FAA AD Provisions I 1. The authority citation for part 39 DEPARTMENT OF TRANSPORTATION continues to read as follows: (g) The following provisions also apply to this AD: Federal Aviation Administration Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft 14 CFR Part 39 § 39.13 [Amended] Certification Office, FAA, has the authority to I approve AMOCs for this AD, if requested [Docket No. FAA–2007–28957 Directorate 2. The FAA amends § 39.13 by adding using the procedures found in 14 CFR 39.19. Identifier 2007–CE–069–AD; Amendment the following new AD: Send information to ATTN: Dan Parrillo, 39–15252; AD 2007–23–06] 2007–23–04 Bombardier, Inc. (Formerly de Aerospace Engineer, Systems and Flight Test RIN 2120–AA64 Havilland, Inc.): Amendment 39–15250. Branch, ANE–172, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Docket No. FAA–2007–29066; Airworthiness Directives; CTRM Directorate Identifier 2007–NM–147–AD. Suite 410, Westbury, New York 11590; telephone (516) 228–7305; fax (516) 794– Aviation Sdn. Bhd. (Formerly Eagle Effective Date 5531. Before using any approved AMOC on Aircraft (Malaysia) Sdn. Bhd.) Model (a) This airworthiness directive (AD) any airplane to which the AMOC applies, Eagle 150B Airplanes becomes effective December 11, 2007. notify your appropriate principal inspector (PI) in the FAA Flight Standards District AGENCY: Federal Aviation Affected ADs Office (FSDO), or lacking a PI, your local Administration (FAA), Department of (b) None. FSDO. Transportation (DOT).

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ACTION: Final rule. aircraft has accumulated more than 1000 detail the scope of the Agency’s flight hours. The corrosion is so severe that authority. SUMMARY: We are adopting a new one of the Flap Hinges thickness has been We are issuing this rulemaking under airworthiness directive (AD) for the reduced by 50%. The corrosion is not easily the authority described in ‘‘Subtitle VII, detected because the Flap Hinge is products listed above. This AD results Part A, Subpart III, Section 44701: from mandatory continuing sandwiched between the Flap Hinge Support Bracket P/N 5731D01–01. General requirements.’’ Under that airworthiness information (MCAI) section, Congress charges the FAA with issued by an aviation authority of The failure of the hinge bracket may result in disintegration of flap/canard wing thus promoting safe flight of civil aircraft in another country to identify and correct leading to loss of control, with catastrophic air commerce by prescribing regulations an unsafe condition on an aviation consequences. for practices, methods, and procedures product. The MCAI describes the unsafe Comments the Administrator finds necessary for condition as: safety in air commerce. This regulation An operator has reported severe exfoliation We gave the public the opportunity to is within the scope of that authority corrosion on Wing/Canard Flap Hinges, P/N participate in developing this AD. We because it addresses an unsafe condition 5731D01–16 (middle and outboard hinges) received no comments on the NPRM or that is likely to exist or develop on on his Eagle 150B. The corrosion has been on the determination of the cost to the products identified in this rulemaking detected during 100-hour inspection. The public. aircraft has accumulated more than 1000 action. flight hours. The corrosion is so severe that Conclusion Regulatory Findings one of the Flap Hinges thickness has been We reviewed the available data and reduced by 50%. The corrosion is not easily We determined that this AD will not detected because the Flap Hinge is determined that air safety and the have federalism implications under sandwiched between the Flap Hinge Support public interest require adopting the AD Executive Order 13132. This AD will Bracket P/N 5731D01–01. as proposed. not have a substantial direct effect on The failure of the hinge bracket may result Differences Between This AD and the the States, on the relationship between in disintegration of flap/canard wing thus MCAI or Service Information the national government and the States, leading to loss of control, with catastrophic or on the distribution of power and We have reviewed the MCAI and consequences. responsibilities among the various related service information and, in We are issuing this AD to require levels of government. general, agree with their substance. But actions to correct the unsafe condition For the reasons discussed above, I we might have found it necessary to use on these products. certify this AD: different words from those in the MCAI DATES (1) Is not a ‘‘significant regulatory : This AD becomes effective to ensure the AD is clear for U.S. action’’ under Executive Order 12866; December 11, 2007. operators and is enforceable. In making On December 11, 2007, the Director of these changes, we do not intend to differ (2) Is not a ‘‘significant rule’’ under the Federal Register approved the substantively from the information DOT Regulatory Policies and Procedures incorporation by reference of certain provided in the MCAI and related (44 FR 11034, February 26, 1979); and publications listed in this AD. service information. (3) Will not have a significant ADDRESSES: You may examine the AD We might also have required different economic impact, positive or negative, docket on the Internet at http:// actions in this AD from those in the on a substantial number of small entities www.regulations.gov or in person at MCAI in order to follow FAA policies. under the criteria of the Regulatory Document Management Facility, U.S. Any such differences are highlighted in Flexibility Act. Department of Transportation, Docket a NOTE within the AD. We prepared a regulatory evaluation Operations, M–30, West Building of the estimated costs to comply with Ground Floor, Room W12–140, 1200 Costs of Compliance this AD and placed it in the AD Docket. New Jersey Avenue, SE., Washington, Based on the service information, we Examining the AD Docket DC 20590. estimate that this AD will affect about FOR FURTHER INFORMATION CONTACT: Karl 6 products of U.S. registry. We also You may examine the AD docket on Schletzbaum, Aerospace Engineer, FAA, estimate that it will take about 3 work- the Internet at http:// Small Airplane Directorate, 901 Locust, hours per product to comply with the www.regulations.gov; or in person at the Room 301, Kansas City, Missouri 64106; basic requirements of this AD. The Docket Management Facility between 9 telephone: (816) 329–4146; fax: (816) average labor rate is $80 per work-hour. a.m. and 5 p.m., Monday through 329–4090. Based on these figures, we estimate Friday, except Federal holidays. The AD SUPPLEMENTARY INFORMATION: the cost of the AD to U.S. operators to docket contains the NPRM, the be $1,440, or $240 per product. regulatory evaluation, any comments Discussion In addition, we estimate that any received, and other information. The We issued a notice of proposed necessary follow-on actions will take street address for the Docket Office rulemaking (NPRM) to amend 14 CFR about 4 work-hours and require parts (telephone (800) 647–5527) is in the part 39 to include an AD that would costing $226, for a cost of $546 per ADDRESSES section. Comments will be apply to the specified products. That product. We have no way of available in the AD docket shortly after NPRM was published in the Federal determining the number of products receipt. Register on September 14, 2007 (72 FR that may need these actions. List of Subjects in 14 CFR Part 39 52519). That NPRM proposed to correct Authority for This Rulemaking an unsafe condition for the specified Air transportation, Aircraft, Aviation products. The MCAI states: Title 49 of the United States Code safety, Incorporation by reference, Safety. An operator has reported severe exfoliation specifies the FAA’s authority to issue corrosion on Wing/Canard Flap Hinges, P/N rules on aviation safety. Subtitle I, Adoption of the Amendment 5731D01–16 (middle and outboard hinges) section 106, describes the authority of on his Eagle 150B. The corrosion has been the FAA Administrator. ‘‘Subtitle VII: I Accordingly, under the authority detected during 100-hour inspection. The Aviation Programs’’ describes in more delegated to me by the Administrator,

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the FAA amends 14 CFR part 39 as FAA AD Differences Issued in Kansas City, Missouri, on October 29, 2007. follows: Note: This AD differs from the MCAI and/ Kim Smith, PART 39—AIRWORTHINESS or service information as follows: No Differences. Manager, Small Airplane Directorate, Aircraft DIRECTIVES Certification Service. I 1. The authority citation for part 39 Other FAA AD Provisions [FR Doc. E7–21667 Filed 11–5–07; 8:45 am] continues to read as follows: (g) The following provisions also apply to BILLING CODE 4910–13–P this AD: Authority: 49 U.S.C. 106(g), 40113, 44701. (1) Alternative Methods of Compliance § 39.13 [Amended] (AMOCs): The Manager, Standards Office, DEPARTMENT OF TRANSPORTATION FAA, has the authority to approve AMOCs I 2. The FAA amends § 39.13 by adding for this AD, if requested using the procedures Federal Aviation Administration the following new AD: found in 14 CFR 39.19. Send information to 2007–23–06 CTRM Aviation Sdn. Bhd. ATTN: Karl Schletzbaum, Aerospace 14 CFR Part 39 (Formerly Eagle Aircraft (Malaysia) Engineer, FAA, Small Airplane Directorate, Sdn. Bhd.): Amendment 39–15252; 901 Locust, Room 301, Kansas City, Missouri [Docket No. FAA–2007–29064; Directorate Docket No. FAA–2007–28957; 64106; telephone: (816) 329–4146; fax: (816) Identifier 2007–NM–128–AD; Amendment Directorate Identifier 2007–CE–069–AD. 329–4090. Before using any approved AMOC 39–15249; AD 2007–23–03] on any airplane to which the AMOC applies, Effective Date notify your appropriate principal inspector RIN 2120–AA64 (a) This airworthiness directive (AD) (PI) in the FAA Flight Standards District becomes effective December 11, 2007. Office (FSDO), or lacking a PI, your local Airworthiness Directives; Fokker Affected ADs FSDO. Model F.28 Mark 0070 and 0100 Airplanes (b) None. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from Applicability a manufacturer or other source, use these AGENCY: Federal Aviation Administration (FAA), Department of (c) This AD affects Model Eagle 150B actions if they are FAA-approved. Corrective airplanes, all serial numbers, that are actions are considered FAA-approved if they Transportation (DOT). certificated in any category. are approved by the State of Design Authority ACTION: Final rule. (or their delegated agent). You are required Subject to assure the product is airworthy before it SUMMARY: We are adopting a new (d) Air Transport Association of America is returned to service. airworthiness directive (AD) for the (ATA) Code 57: Wings. (3) Reporting Requirements: For any products listed above. This AD results Reason reporting requirement in this AD, under the from mandatory continuing provisions of the Paperwork Reduction Act (e) The mandatory continuing airworthiness information (MCAI) (44 U.S.C. 3501 et seq.), the Office of airworthiness information (MCAI) states: originated by an aviation authority of Management and Budget (OMB) has another country to identify and correct An operator has reported severe exfoliation approved the information collection corrosion on Wing/Canard Flap Hinges, P/N an unsafe condition on an aviation requirements and has assigned OMB Control product. The MCAI describes the unsafe 5731D01–16 (middle and outboard hinges) Number 2120–0056. on his Eagle 150B. The corrosion has been condition as: detected during 100-hour inspection. The Related Information One Fokker 100 (F28 Mark 0100) operator aircraft has accumulated more than 1000 (h) Refer to MCAI Department of Civil reported that during maintenance in the APU flight hours. The corrosion is so severe that Aviation Malaysia AD No. CAM AD 001–07– (auxiliary power unit) compartment, a one of the Flap Hinges thickness has been 2007, dated July 20, 2007; and CTRM disconnected nut was discovered on one of reduced by 50%. The corrosion is not easily Aviation Mandatory Service Bulletin SB the shuttle valves in the deployment lines of detected because the Flap Hinge is 1126, dated July 19, 2007, for related the engine fire-extinguishing system. An sandwiched between the Flap Hinge Support additional check by the operator revealed Bracket P/N 5731D01–01. information. that on more aircraft in its fleet, the nuts of The failure of the hinge bracket may result Material Incorporated by Reference the shuttle valves were incorrectly tightened. in disintegration of flap/canard wing thus (i) You must use CTRM Aviation This condition, if not corrected, could result leading to loss of control, with catastrophic Mandatory Service Bulletin SB 1126, dated in failure or deteriorated functioning of the consequences. July 19, 2007, to do the actions required by engine fire-extinguishing system in case of an The MCAI requires you to visually inspect this AD, unless the AD specifies otherwise. engine fire. the flap hinges and flap hinge support (1) The Director of the Federal Register We are issuing this AD to require brackets for any corrosion. You are to take approved the incorporation by reference of actions to correct the unsafe condition corrective action if you find any corrosion. this service information under 5 U.S.C. on these products. Actions and Compliance 552(a) and 1 CFR part 51. (2) For service information identified in DATES: This AD becomes effective (f) Unless already done, do the following this AD, contact CTRM Aviation Sdn. Bhd. December 11, 2007. actions: (formerly known as Eagle Aircraft Sdn. Bhd.), The Director of the Federal Register (1) Within the next 25 hours time-in- Locked Bag 1028, Pejabat Pos Besar Melaka, service (TIS) after December 11, 2007 (the approved the incorporation by reference effective date of this AD), inspect the flap 75150 Melaka, Malaysia; telephone: 06 317 of a certain publication listed in this AD hinges and flap hinge support brackets for 1007; fax: 06 317 7023. as of December 11, 2007. (3) You may review copies at the FAA, any corrosion, following CTRM Aviation ADDRESSES: You may examine the AD Central Region, Office of the Regional Mandatory Service Bulletin SB 1126, dated docket on the Internet at http:// July 19, 2007. Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the National Archives www.regulations.gov or in person at the (2) Before further flight, if you find any U.S. Department of Transportation, corrosion as a result of any inspection and Records Administration (NARA). For required by paragraph (f)(1) of this AD, take information on the availability of this Docket Operations, M–30, West corrective action following CTRM Aviation material at NARA, call 202–741–6030, or go Building Ground Floor, Room W12–140, Mandatory Service Bulletin SB 1126, dated to: http://www.archives.gov/federal-register/ 1200 New Jersey Avenue, SE., July 19, 2007. cfr/ibr-locations.html. Washington, DC.

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FOR FURTHER INFORMATION CONTACT: Tom to ensure the AD is clear for U.S. under the criteria of the Regulatory Rodriguez, Aerospace Engineer, operators and is enforceable. In making Flexibility Act. International Branch, ANM–116, FAA, these changes, we do not intend to differ We prepared a regulatory evaluation Transport Airplane Directorate, 1601 substantively from the information of the estimated costs to comply with Lind Avenue SW., Renton, Washington provided in the MCAI and related this AD and placed it in the AD docket. 98057–3356; telephone (425) 227–1137; service information. Examining the AD Docket fax (425) 227–1149. We might also have required different SUPPLEMENTARY INFORMATION: actions in this AD from those in the You may examine the AD docket on MCAI in order to follow our FAA the Internet at http:// Discussion policies. Any such differences are www.regulations.gov; or in person at the We issued a notice of proposed highlighted in a NOTE within the AD. Docket Operations office between 9 a.m. rulemaking (NPRM) to amend 14 CFR and 5 p.m., Monday through Friday, part 39 to include an AD that would Costs of Compliance except Federal holidays. The AD docket apply to the specified products. That We estimate that this AD will affect contains the NPRM, the regulatory NPRM was published in the Federal about 13 products of U.S. registry. We evaluation, any comments received, and Register on August 31, 2007 (72 FR also estimate that it will take about 1 other information. The street address for 50274). That NPRM proposed to correct work-hour per product to comply with the Docket Operations office (telephone an unsafe condition for the specified the basic requirements of this AD. The (800) 647–5527) is in the ADDRESSES products. The MCAI states: average labor rate is $80 per work-hour. section. Comments will be available in the AD docket shortly after receipt. One Fokker 100 (F28 Mark 0100) operator Based on these figures, we estimate the reported that during maintenance in the APU cost of this AD to the U.S. operators to List of Subjects in 14 CFR Part 39 be $1,040, or $80 per product. (auxiliary power unit) compartment, a Air transportation, Aircraft, Aviation disconnected nut was discovered on one of the shuttle valves in the deployment lines of Authority for This Rulemaking safety, Incorporation by reference, the engine fire-extinguishing system. An Title 49 of the United States Code Safety. additional check by the operator revealed specifies the FAA’s authority to issue Adoption of the Amendment that on more aircraft in its fleet, the nuts of rules on aviation safety. Subtitle I, the shuttle valves were incorrectly tightened. I section 106, describes the authority of Accordingly, under the authority This condition, if not corrected, could result delegated to me by the Administrator, in failure or deteriorated functioning of the the FAA Administrator. ‘‘Subtitle VII: Aviation Programs,’’ describes in more the FAA amends 14 CFR part 39 as engine fire-extinguishing system in case of an follows: engine fire. Since a potentially unsafe detail the scope of the Agency’s condition has been identified that is likely to authority. PART 39—AIRWORTHINESS exist or develop on other aircraft of this type We are issuing this rulemaking under DIRECTIVES design, this Airworthiness Directive requires the authority described in ‘‘Subtitle VII, a one-time inspection of the nuts and shuttle Part A, Subpart III, Section 44701: I 1. The authority citation for part 39 valves in the deployment lines of the engine General requirements.’’ Under that continues to read as follows: fire-extinguishing system in the APU compartment and corrective actions, as section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. necessary. promoting safe flight of civil aircraft in air commerce by prescribing regulations § 39.13 [Amended] The one-time inspection is intended to for practices, methods, and procedures I 2. The FAA amends § 39.13 by adding find discrepancies, including the Administrator finds necessary for the following new AD: incorrectly installed or tightened nuts, safety in air commerce. This regulation and signs of leakage, damage, or 2007–23–03 Fokker Services B.V.: is within the scope of that authority Amendment 39–15249. Docket No. corrosion. Corrective actions include because it addresses an unsafe condition tightening or replacing discrepant nuts FAA–2007–29064; Directorate Identifier that is likely to exist or develop on 2007–NM–128–AD. or shuttle valves, as applicable. You products identified in this rulemaking Effective Date may obtain further information by action. examining the MCAI in the AD docket. (a) This airworthiness directive (AD) Regulatory Findings becomes effective December 11, 2007. Comments We determined that this AD will not Affected ADs We gave the public the opportunity to have federalism implications under participate in developing this AD. We (b) None. Executive Order 13132. This AD will received no comments on the NPRM or not have a substantial direct effect on Applicability on the determination of the cost to the the States, on the relationship between (c) This AD applies to Fokker Model F.28 public. the national government and the States, Mark 0070 and 0100 airplanes, all serial Conclusion or on the distribution of power and numbers; certificated in any category. We reviewed the available data and responsibilities among the various Subject determined that air safety and the levels of government. (d) Air Transport Association (ATA) of public interest require adopting the AD For the reasons discussed above, I America Code 26: Fire protection. certify this AD: as proposed. Reason 1. Is not a ‘‘significant regulatory Differences Between This AD and the action’’ under Executive Order 12866; (e) The mandatory continuing airworthiness information (MCAI) states: MCAI or Service Information 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures One Fokker 100 (F28 Mark 0100) operator We have reviewed the MCAI and reported that during maintenance in the APU related service information and, in (44 FR 11034, February 26, 1979); and (auxiliary power unit) compartment, a general, agree with their substance. But 3. Will not have a significant disconnected nut was discovered on one of we might have found it necessary to use economic impact, positive or negative, the shuttle valves in the deployment lines of different words from those in the MCAI on a substantial number of small entities the engine fire-extinguishing system. An

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additional check by the operator revealed (3) Reporting Requirements: For any product. The MCAI describes the unsafe that on more aircraft in its fleet, the nuts of reporting requirement in this AD, under the condition as: the shuttle valves were incorrectly tightened. provisions of the Paperwork Reduction Act, This condition, if not corrected, could result the Office of Management and Budget (OMB) Subsequent to accidents involving Fuel in failure or deteriorated functioning of the has approved the information collection Tank System explosions in flight * * * and engine fire-extinguishing system in case of an requirements and has assigned OMB Control on ground, * * * Special Federal Aviation engine fire. Since a potentially unsafe Number 2120–0056. Regulation 88 (SFAR88) * * * required a condition has been identified that is likely to safety review of the aircraft Fuel Tank exist or develop on other aircraft of this type Related Information System * * *. design, this Airworthiness Directive requires (h) Refer to MCAI Dutch Airworthiness * * * * * a one-time inspection of the nuts and shuttle Directive NL–2006–002, dated January 24, Fuel Airworthiness Limitations are items valves in the deployment lines of the engine 2006, and Fokker Service Bulletin SBF100– arising from a systems safety analysis that fire-extinguishing system in the APU 26–019, dated January 6, 2006, for related have been shown to have failure mode(s) compartment and corrective actions, as information. associated with an ‘unsafe condition’ * * *. necessary. These are identified in Failure Conditions for Material Incorporated by Reference The one-time inspection is intended to find which an unacceptable probability of ignition discrepancies, including incorrectly installed (i) You must use Fokker Service Bulletin risk could exist if specific tasks and/or or tightened nuts, and signs of leakage, SBF100–26–019, dated January 6, 2006, to do practices are not performed in accordance damage or corrosion. Corrective actions the actions required by this AD, unless the with the manufacturers’ requirements. include tightening or replacing discrepant AD specifies otherwise. We are issuing this AD to require nuts or shuttle valves, as applicable. (1) The Director of the Federal Register approved the incorporation by reference of actions to correct the unsafe condition Actions and Compliance this service information under 5 U.S.C. on these products. (f) Unless already done, do the following 552(a) and 1 CFR part 51. DATES: This AD becomes effective actions. (2) For service information identified in December 11, 2007. (1) Within 6 months after the effective date this AD, contact Fokker Services B.V., The Director of the Federal Register of this AD, inspect the nuts on the affected Technical Services Dept., P.O. Box 231, 2150 approved the incorporation by reference shuttle valves in accordance with Section 3., AE Nieuw-Vennep, the Netherlands. of a certain publication listed in this AD ‘‘Accomplishment Instructions,’’ of Fokker (3) You may review copies at the FAA, as of December 11, 2007. Service Bulletin SBF100–26–019, dated Transport Airplane Directorate, 1601 Lind January 6, 2006. Avenue SW., Renton, Washington; or at the ADDRESSES: You may examine the AD (2) When discrepancies are found during National Archives and Records docket on the Internet at http:// the inspection as required by paragraph (f)(1) Administration (NARA). For information on www.regulations.gov or in person at the of this AD, before next flight, tighten or the availability of this material at NARA, call U.S. Department of Transportation, replace the affected nuts, or replace the (202) 741–6030, or go to: http:// Docket Operations, M–30, West shuttle valves; as applicable; in accordance www.archives.gov/federal-register/cfr/ibr- Building Ground Floor, Room W12–140, with Section 3., ‘‘Accomplishment locations.html. Instructions,’’ of Fokker Service Bulletin 1200 New Jersey Avenue, SE., SBF100–26–019, dated January 6, 2006. Issued in Renton, Washington, on October Washington, DC. 27, 2007. Note 1: Fokker 70/100 Aircraft FOR FURTHER INFORMATION CONTACT: Maintenance Manual Task 26–21–03–400– Stephen P. Boyd, Mike Borfitz, Aerospace Engineer, 814–A also pertains to this subject. Assistant Manager, Transport Airplane International Branch, ANM–116, Directorate, Aircraft Certification Service. Transport Airplane Directorate, FAA, FAA AD Differences [FR Doc. E7–21673 Filed 11–5–07; 8:45 am] 1601 Lind Avenue SW., Renton, Note 2: This AD differs from the MCAI BILLING CODE 4910–13–P Washington 98057–3356; telephone and/or service information as follows: No (425) 227–2677; fax (425) 227–1149. difference. SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Other FAA AD Provisions Discussion (g) The following provisions also apply to Federal Aviation Administration We issued a notice of proposed this AD: rulemaking (NPRM) to amend 14 CFR (1) Alternative Methods of Compliance 14 CFR Part 39 (AMOCs): The Manager, International part 39 to include an AD that would Branch, ANM–116, FAA, has the authority to [Docket No. FAA–2007–29171; Directorate apply to the specified products. That approve AMOCs for this AD, if requested Identifier 2007–NM–154–AD; Amendment NPRM was published in the Federal using the procedures found in 14 CFR 39.19. 39–15251; AD 2007–23–05] Register on September 11, 2007 (72 FR Send information to ATTN: Tom Rodriguez, RIN 2120–AA64 51722). That NPRM proposed to correct Aerospace Engineer, International Branch, an unsafe condition for the specified ANM–116, FAA, Transport Airplane products. The MCAI states: Directorate, 1601 Lind Avenue SW., Renton, Airworthiness Directives; Saab Model Washington 98057–3356; telephone (425) SAAB 2000 Airplanes Subsequent to accidents involving Fuel 227–1137; fax (425) 227–1149. Before using Tank System explosions in flight * * * and any approved AMOC on any airplane to AGENCY: Federal Aviation on ground, the FAA published Special which the AMOC applies, notify your Administration (FAA), Department of Federal Aviation Regulation 88 (SFAR 88) in appropriate principal inspector (PI) in the Transportation (DOT). June 2001. SFAR 88 required a safety review FAA Flight Standards District Office (FSDO), ACTION: Final rule. of the aircraft Fuel Tank System to determine or lacking a PI, your local FSDO. that the design meets the requirements of (2) Airworthy Product: For any requirement SUMMARY: We are adopting a new FAR (Federal Aviation Regulation) § 25.901 in this AD to obtain corrective actions from airworthiness directive (AD) for the and § 25.981(a) and (b). a manufacturer or other source, use these products listed above. This AD results A similar regulation has been recommended by the JAA (Joint Aviation actions if they are FAA-approved. Corrective from mandatory continuing actions are considered FAA-approved if they Authorities) to the European National are approved by the State of Design Authority airworthiness information (MCAI) Aviation Authorities in JAA letter 04/00/02/ (or their delegated agent). You are required originated by an aviation authority of 07/03–L024 of 3 February 2003. The review to assure the product is airworthy before it another country to identify and correct was requested to be mandated by NAA’s is returned to service. an unsafe condition on an aviation (National Aviation Authorities) using JAR

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(Joint Aviation Regulation) § 25.901(c), provided in the MCAI and related Examining the AD Docket § 25.1309. service information. You may examine the AD docket on In August 2005 EASA published a policy We might also have required different the Internet at http:// statement on the process for developing actions in this AD from those in the www.regulations.gov; or in person at the instructions for maintenance and inspection MCAI in order to follow our FAA of Fuel Tank System ignition source Docket Operations office between 9 a.m. policies. Any such differences are prevention (EASA D 2005/CPRO, and 5 p.m., Monday through Friday, highlighted in a NOTE within the AD. www.easa.eu.int/home/ except Federal holidays. The AD docket _ _ _ cert policy statements en.html) that also Costs of Compliance contains the NPRM, the regulatory included the EASA expectations with regard evaluation, any comments received, and to compliance times of the corrective actions We estimate that this AD will affect on the unsafe and the not unsafe part of the about 7 products of U.S. registry. We other information. The street address for harmonised design review results. On a also estimate that it will take about 1 the Docket Operations office (telephone global scale the TC (type certificate) holders work-hour per product to comply with (800) 647–5527) is in the ADDRESSES committed themselves to the EASA the basic requirements of this AD. The section. Comments will be available in published compliance dates (see EASA average labor rate is $80 per work-hour. the AD docket shortly after receipt. policy statement). The EASA policy statement has been revised in March 2006: Based on these figures, we estimate the List of Subjects in 14 CFR Part 39 the date of 31–12–2005 for the unsafe related cost of this AD to the U.S. operators to be $560, or $80 per product. Air transportation, Aircraft, Aviation actions has now been set at 01–07–2006. safety, Incorporation by reference, Fuel Airworthiness Limitations are items Authority for This Rulemaking arising from a systems safety analysis that Safety. have been shown to have failure mode(s) Title 49 of the United States Code Adoption of the Amendment associated with an ‘unsafe condition’ as specifies the FAA’s authority to issue defined in FAA’s memo 2003–112–15 ‘SFAR rules on aviation safety. Subtitle I, I Accordingly, under the authority 88—Mandatory Action Decision Criteria’. section 106, describes the authority of delegated to me by the Administrator, These are identified in Failure Conditions for the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as which an unacceptable probability of ignition Aviation Programs,’’ describes in more follows: risk could exist if specific tasks and/or practices are not performed in accordance detail the scope of the Agency’s authority. PART 39—AIRWORTHINESS with the manufacturers’ requirements. DIRECTIVES This EASA Airworthiness Directive We are issuing this rulemaking under mandates the Fuel System Airworthiness the authority described in ‘‘Subtitle VII, I 1. The authority citation for part 39 Limitations (comprising maintenance/ Part A, Subpart III, Section 44701: continues to read as follows: inspection tasks and Critical Design General requirements.’’ Under that Configuration Control Limitations (CDCCL)) section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. for the type of aircraft, that resulted from the promoting safe flight of civil aircraft in § 39.13 [Amended] design reviews and the JAA recommendation air commerce by prescribing regulations and EASA policy statement mentioned I 2. The FAA amends § 39.13 by adding above. for practices, methods, and procedures the Administrator finds necessary for the following new AD: The corrective action is revising the safety in air commerce. This regulation 2007–23–05 Saab Aircraft AB: Amendment Airworthiness Limitations Section of is within the scope of that authority 39–15251. Docket No. FAA–2007–29171; the Instructions for Continued because it addresses an unsafe condition Directorate Identifier 2007–NM–154–AD. Airworthiness to incorporate new that is likely to exist or develop on Effective Date limitations for fuel tank systems. You products identified in this rulemaking (a) This airworthiness directive (AD) may obtain further information by action. examining the MCAI in the AD docket. becomes effective December 11, 2007. Regulatory Findings Affected ADs Comments We determined that this AD will not (b) None. We gave the public the opportunity to have federalism implications under Applicability participate in developing this AD. We Executive Order 13132. This AD will received no comments on the NPRM or not have a substantial direct effect on (c) This AD applies to all Saab Model on the determination of the cost to the the States, on the relationship between SAAB 2000 airplanes, certificated in any category, all serial numbers. public. the national government and the States, or on the distribution of power and Note 1: This AD requires revisions to Conclusion certain operator maintenance documents to responsibilities among the various We reviewed the available data and include new inspections. Compliance with levels of government. these inspections is required by 14 CFR determined that air safety and the For the reasons discussed above, I 91.403(c). For airplanes that have been public interest require adopting the AD certify this AD: previously modified, altered, or repaired in as proposed. 1. Is not a ‘‘significant regulatory the areas addressed by these inspections, the Differences Between This AD and the action’’ under Executive Order 12866; operator may not be able to accomplish the inspections described in the revisions. In this MCAI or Service Information 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures situation, to comply with 14 CFR 91.403(c), We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and the operator must request approval for an related service information and, in 3. Will not have a significant alternative method of compliance according general, agree with their substance. But economic impact, positive or negative, to paragraph (g) of this AD. The request should include a description of changes to we might have found it necessary to use on a substantial number of small entities the required inspections that will ensure the different words from those in the MCAI under the criteria of the Regulatory continued operational safety of the airplane. to ensure the AD is clear for U.S. Flexibility Act. operators and is enforceable. In making We prepared a regulatory evaluation Subject these changes, we do not intend to differ of the estimated costs to comply with (d) Air Transport Association (ATA) of substantively from the information this AD and placed it in the AD docket. America Code 28: Fuel.

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Reason Part 1 of Saab Fuel Airworthiness Limitations Material Incorporated by Reference (e) The mandatory continuing 2000 LKS 009032, dated February 14, 2006, (i) You must use Saab Fuel Airworthiness airworthiness information (MCAI) states: the initial compliance times start from the Limitations 2000 LKS 009032, dated effective date of this AD, and the repetitive Subsequent to accidents involving Fuel February 14, 2006, to do the actions required inspections must be accomplished thereafter by this AD, unless the AD specifies Tank System explosions in flight * * * and at the interval specified in Part 1 of Saab Fuel on ground, the FAA published Special otherwise. Airworthiness Limitations 2000 LKS 009032, (1) The Director of the Federal Register Federal Aviation Regulation 88 (SFAR 88) in dated February 14, 2006. June 2001. SFAR 88 required a safety review approved the incorporation by reference of (2) Within 12 months after the effective this service information under 5 U.S.C. of the aircraft Fuel Tank System to determine date of this AD, revise the ALS of the that the design meets the requirements of 552(a) and 1 CFR part 51. Instructions for Continued Airworthiness to (2) For service information identified in FAR (Federal Aviation Regulation) § 25.901 incorporate the CDCCLs as defined in Part 2 this AD, contact Saab Aircraft AB, SAAB and § 25.981(a) and (b). of Saab Fuel Airworthiness Limitations 2000 Aircraft Product Support, S–581.88, A similar regulation has been LKS 009032, dated February 14, 2006. Linko¨ping, Sweden. recommended by the JAA (Joint Aviation (3) Except as provided by paragraph (g) of (3) You may review copies at the FAA, Authorities) to the European National this AD: After accomplishing the actions Transport Airplane Directorate, 1601 Lind Aviation Authorities in JAA letter 04/00/02/ specified in paragraphs (f)(1) and (f)(2) of this Avenue SW., Renton, Washington; or at the 07/03–L024 of 3 February 2003. The review AD, no alternative inspection, inspection National Archives and Records was requested to be mandated by NAA’s intervals, or CDCCLs may be used. Administration (NARA). For information on (National Aviation Authorities) using JAR (4) Where Saab Fuel Airworthiness (Joint Aviation Regulation) § 25.901(c), Limitations 2000 LKS 009032, dated the availability of this material at NARA, call § 25.1309. February 14, 2006, allows for exceptional (202) 741–6030, or go to: http:// In August 2005 EASA (European Aviation short-term extensions, an exception is www.archives.gov/federal-register/cfr/ibr- Safety Agency) published a policy statement acceptable to the FAA if it is approved by the locations.html. on the process for developing instructions for appropriate principal inspector in the FAA Issued in Renton, Washington, on October maintenance and inspection of Fuel Tank Flight Standards Certificate Holding District 27, 2007. System ignition source prevention (EASA D Office. Stephen P. Boyd, 2005/CPRO, www.easa.eu.int/home/ cert_policy_statements_en.html) that also FAA AD Differences Assistant Manager, Transport Airplane Directorate, Aircraft Certification Service. included the EASA expectations with regard Note 2: This AD differs from the MCAI to compliance times of the corrective actions and/or service information as follows: No [FR Doc. E7–21674 Filed 11–5–07; 8:45 am] on the ‘unsafe and the not unsafe part of the differences. BILLING CODE 4910–13–P harmonised design review results. On a global scale the TC (type certificate) holders Other FAA AD Provisions committed themselves to the EASA (g) The following provisions also apply to DEPARTMENT OF TRANSPORTATION published compliance dates (see EASA this AD: policy statement). The EASA policy (1) Alternative Methods of Compliance Federal Aviation Administration statement has been revised in March 2006: (AMOCs): The Manager, International The date of 31–12–2005 for the unsafe related Branch, ANM–116, Transport Airplane 14 CFR Part 39 actions has now been set at 01–07–2006. Directorate, FAA, has the authority to Fuel Airworthiness Limitations are items approve AMOCs for this AD, if requested [Docket No. FAA–2007–28925; Directorate arising from a systems safety analysis that using the procedures found in 14 CFR 39.19. Identifier 2007–NM–123–AD; Amendment have been shown to have failure mode(s) Send information to ATTN: Mike Borfitz, 39–15248; AD 2007–23–02] associated with an ‘unsafe condition’ as Aerospace Engineer, International Branch, RIN 2120–AA64 defined in FAA’s memo 2003–112–15 ‘SFAR ANM–116, Transport Airplane Directorate, 88—Mandatory Action Decision Criteria’. FAA, 1601 Lind Avenue SW., Renton, These are identified in Failure Conditions for Washington 98057–3356; telephone (425) Airworthiness Directives; Airbus Model which an unacceptable probability of ignition 227–2677; fax (425) 227–1149. Before using A330–200 and –300 Series Airplanes, risk could exist if specific tasks and/or any approved AMOC on any airplane to and Model A340–200 and –300 Series practices are not performed in accordance which the AMOC applies, notify your Airplanes with the manufacturers’ requirements. appropriate principal inspector (PI) in the This EASA Airworthiness Directive FAA Flight Standards District Office (FSDO), AGENCY: Federal Aviation mandates the Fuel System Airworthiness or lacking a PI, your local FSDO. Administration (FAA), Department of Limitations (comprising maintenance/ (2) Airworthy Product: For any requirement Transportation (DOT). inspection tasks and Critical Design in this AD to obtain corrective actions from ACTION: Final rule. Configuration Control Limitations (CDCCL)) a manufacturer or other source, use these for the type of aircraft, that resulted from the actions if they are FAA-approved. Corrective SUMMARY: We are adopting a new design reviews and the JAA recommendation actions are considered FAA-approved if they airworthiness directive (AD) for the and EASA policy statement mentioned are approved by the State of Design Authority above. products listed above. This AD results (or their delegated agent). You are required from mandatory continuing The corrective action is revising the to assure the product is airworthy before it Airworthiness Limitations Section of the is returned to service. airworthiness information (MCAI) Instructions for Continued Airworthiness to (3) Reporting Requirements: For any originated by an aviation authority of incorporate new limitations for fuel tank reporting requirement in this AD, under the another country to identify and correct systems. provisions of the Paperwork Reduction Act, an unsafe condition on an aviation the Office of Management and Budget (OMB) product. The MCAI describes the unsafe Actions and Compliance has approved the information collection condition as: (f) Unless already done, do the following requirements and has assigned OMB Control actions. Number 2120–0056. During ground inspection of an A340–311 (1) Within 3 months after the effective date aircraft, it has been discovered that 5 of this AD, revise the Airworthiness Related Information fasteners were missing between Frame (FR) Limitations Section (ALS) of the Instructions (h) Refer to MCAI European Aviation 18 and FR19 on longitudinal joint at stringer for Continued Airworthiness to incorporate Safety Agency (EASA) Airworthiness 28RH (right hand). the maintenance and inspection instructions Directive 2006–0199, dated July 11, 2006, Further investigations have revealed that in Part 1 of Saab Fuel Airworthiness and Saab Fuel Airworthiness Limitations the missing fasteners have not been installed Limitations 2000 LKS 009032, dated 2000 LKS 009032, dated February 14, 2006, in production due to incorrect production February 14, 2006. For all tasks identified in for related information. instructions.

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If not corrected, this situation could affect any missing fastener. The corrective safety in air commerce. This regulation the structural integrity of the aircraft in the actions also include contacting Airbus is within the scope of that authority area of stringer 28 between FR18 and FR19 for repair instructions and repair if because it addresses an unsafe condition at longitudinal joint. fasteners are not at nominal diameter or that is likely to exist or develop on We are issuing this AD to require if any crack is found. You may obtain products identified in this rulemaking actions to correct the unsafe condition further information by examining the action. on these products. MCAI in the AD docket. Regulatory Findings DATES: This AD becomes effective Comments December 11, 2007. We determined that this AD will not The Director of the Federal Register We gave the public the opportunity to have federalism implications under approved the incorporation by reference participate in developing this AD. We Executive Order 13132. This AD will of certain publications listed in this AD received no comments on the NPRM or not have a substantial direct effect on as of December 11, 2007. on the determination of the cost to the the States, on the relationship between public. the national government and the States, ADDRESSES: You may examine the AD or on the distribution of power and Conclusion docket on the Internet at http:// responsibilities among the various www.regulations.gov or in person at the We reviewed the available data and levels of government. U.S. Department of Transportation, determined that air safety and the For the reasons discussed above, I Docket Operations, M–30, West public interest require adopting the AD certify this AD: Building Ground Floor, Room W12–140, as proposed. 1. Is not a ‘‘significant regulatory 1200 New Jersey Avenue, SE., action’’ under Executive Order 12866; Washington, DC. Differences Between This AD and the 2. Is not a ‘‘significant rule’’ under the MCAI or Service Information FOR FURTHER INFORMATION CONTACT: Tim DOT Regulatory Policies and Procedures Backman, Aerospace Engineer, We have reviewed the MCAI and (44 FR 11034, February 26, 1979); and International Branch, ANM–116, FAA, related service information and, in 3. Will not have a significant Transport Airplane Directorate, 1601 general, agree with their substance. But economic impact, positive or negative, Lind Avenue, SW., Renton, Washington we might have found it necessary to use on a substantial number of small entities 98057–3356; telephone (425) 227–2797; different words from those in the MCAI under the criteria of the Regulatory fax (425) 227–1149. to ensure the AD is clear for U.S. Flexibility Act. SUPPLEMENTARY INFORMATION: operators and is enforceable. In making We prepared a regulatory evaluation these changes, we do not intend to differ of the estimated costs to comply with Discussion substantively from the information this AD and placed it in the AD docket. We issued a notice of proposed provided in the MCAI and related Examining the AD Docket rulemaking (NPRM) to amend 14 CFR service information. part 39 to include an AD that would We might also have required different You may examine the AD docket on apply to the specified products. That actions in this AD from those in the the Internet at http:// NPRM was published in the Federal MCAI in order to follow our FAA www.regulations.gov; or in person at the Register on August 16, 2007 (72 FR policies. Any such differences are Docket Operations office between 9 a.m. 45970). That NPRM proposed to correct highlighted in a NOTE within the AD. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket an unsafe condition for the specified Costs of Compliance products. The MCAI states: contains the NPRM, the regulatory We estimate that this AD will affect evaluation, any comments received, and During ground inspection of an A340–311 about 9 products of U.S. registry. We other information. The street address for aircraft, it has been discovered that 5 the Docket Operations office (telephone fasteners were missing between Frame (FR) also estimate that it will take about 4 18 and FR19 on longitudinal joint at stringer work-hours per product to comply with (800) 647–5527) is in the ADDRESSES 28RH (right hand). the basic requirements of this AD. The section. Comments will be available in Further investigations have revealed that average labor rate is $80 per work-hour. the AD docket shortly after receipt. Based on these figures, we estimate the the missing fasteners have not been installed List of Subjects in 14 CFR Part 39 in production due to incorrect production cost of this AD to the U.S. operators to instructions. be $2,880, or $320 per product. Air transportation, Aircraft, Aviation safety, Incorporation by reference, If not corrected, this situation could affect Authority for This Rulemaking the structural integrity of the aircraft in the Safety. area of stringer 28 between FR18 and FR19 Title 49 of the United States Code Adoption of the Amendment at longitudinal joint. specifies the FAA’s authority to issue In order to re-establish the structural rules on aviation safety. Subtitle I, I Accordingly, under the authority strength of the aircraft, this Airworthiness section 106, describes the authority of delegated to me by the Administrator, Directive (AD) renders mandatory the the FAA Administrator. ‘‘Subtitle VII: the FAA amends 14 CFR part 39 as inspection of the longitudinal joint at stringer Aviation Programs,’’ describes in more follows: 28 RH between FR18 and FR19 [for missing detail the scope of the Agency’s fasteners]. authority. PART 39—AIRWORTHINESS For airplanes on which any fastener is We are issuing this rulemaking under DIRECTIVES missing, the corrective actions include the authority described in ‘‘Subtitle VII, I 1. The authority citation for part 39 doing a detailed visual inspection for Part A, Subpart III, Section 44701: continues to read as follows: cracking of the adjacent fastener area General requirements.’’ Under that from the outside, without removing the section, Congress charges the FAA with Authority: 49 U.S.C. 106(g), 40113, 44701. fasteners; and if no crack is found, doing promoting safe flight of civil aircraft in a rotating probe inspection for cracks of air commerce by prescribing regulations § 39.13 [Amended] the adjacent fastener holes after for practices, methods, and procedures I 2. The FAA amends § 39.13 by adding removing the fasteners, and replacing the Administrator finds necessary for the following new AD:

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2007–23–02 Airbus: Amendment 39–15248. FAA AD Differences TABLE 1.—MATERIAL INCORPORATED Docket No. FAA–2007–28925; BY REFERENCE Directorate Identifier 2007–NM–123–AD. Note: This AD differs from the MCAI and/ or service information as follows: No Effective Date differences. Airbus Service Bulletin Date (a) This airworthiness directive (AD) Other FAA AD Provisions A330–53–3170, exclud- becomes effective December 11, 2007. ing Appendix 01 ...... March 27, 2007. (g) The following provisions also apply to Affected ADs A340–53–4175, exclud- this AD: ing Appendix 01 ...... March 27, 2007. (b) None. (1) Alternative Methods of Compliance Applicability (AMOCs): The Manager, International Branch, ANM–116, FAA, has the authority to Issued in Renton, Washington, on October 27, 2007. (c) This AD applies to Airbus Model A330– approve AMOCs for this AD, if requested 200 and –300 series airplanes and Model using the procedures found in 14 CFR 39.19. Stephen P. Boyd, A340–200 and –300 series airplanes; Send information to ATTN: Tim Backman, Assistant Manager, Transport Airplane certificated in any category; all Aerospace Engineer, International Branch, Directorate, Aircraft Certification Service. manufacturer’s serial numbers (MSN) up to ANM–116, FAA, Transport Airplane [FR Doc. E7–21686 Filed 11–5–07; 8:45 am] MSN 0402 included, except MSN 051. Directorate, 1601 Lind Avenue, SW., Renton, BILLING CODE 4910–13–P Subject Washington 98057–3356; telephone (425) (d) Air Transport Association (ATA) of 227–2797; fax (425) 227–1149. Before using America Code 53: Fuselage. any approved AMOC on any airplane to DEPARTMENT OF TRANSPORTATION which the AMOC applies, notify your Reason appropriate principal inspector (PI) in the Federal Aviation Administration (e) The mandatory continuing FAA Flight Standards District Office (FSDO), airworthiness information (MCAI) states: or lacking a PI, your local FSDO. 14 CFR Part 39 During ground inspection of an A340–311 (2) Airworthy Product: For any requirement [Docket No. FAA–2007–28882; Directorate aircraft, it has been discovered that 5 in this AD to obtain corrective actions from Identifier 2007–NM–035–AD; Amendment fasteners were missing between Frame (FR) a manufacturer or other source, use these 39–15247; AD 2007–23–01] 18 and FR19 on longitudinal joint at stringer actions if they are FAA-approved. Corrective RIN 2120–AA64 28RH (right hand). actions are considered FAA-approved if they are approved by the State of Design Authority Further investigations have revealed that Airworthiness Directives; Goodrich the missing fasteners have not been installed (or their delegated agent). You are required to assure the product is airworthy before it Evacuation Systems Approved Under in production due to incorrect production Technical Standard Order (TSO) TSO– instructions. is returned to service. (3) Reporting Requirements: For any C69b and Installed on Airbus Model If not corrected, this situation could affect reporting requirement in this AD, under the A330–200 and –300 Series Airplanes, the structural integrity of the aircraft in the provisions of the Paperwork Reduction Act, Model A340–200 and –300 Series area of stringer 28 between FR18 and FR19 Airplanes, and Model A340–541 and at longitudinal joint. the Office of Management and Budget (OMB) has approved the information collection –642 Airplanes In order to re-establish the structural requirements and has assigned OMB Control strength of the aircraft, this Airworthiness AGENCY: Federal Aviation Number 2120–0056. Directive (AD) renders mandatory the Administration (FAA), Department of inspection of the longitudinal joint at stringer Related Information Transportation (DOT). 28 RH between FR18 and FR19 [for missing (h) Refer to MCAI European Aviation ACTION: Final rule. fasteners]. Safety Agency Airworthiness Directive 2007– For airplanes on which any fastener is 0125, dated May 4, 2007, and Airbus Service SUMMARY: The FAA is superseding an missing, the corrective actions include doing Bulletins A330–53–3170 and A340–53–4175, existing airworthiness directive (AD), a detailed visual inspection for cracking of both dated March 27, 2007, for related which applies to Goodrich evacuation the adjacent fastener area from the outside, information. systems approved under TSO–C69b and without removing the fasteners; and if no installed on certain Airbus Model crack is found, doing a rotating probe Material Incorporated by Reference A330–200 and –300 series airplanes, inspection for cracks of the adjacent fastener (i) You must use the service information Model A340–200 and –300 series holes after removing the fasteners, and specified in Table 1 of this AD to do the airplanes, and Model A340–541 and replacing any missing fastener. The actions required by this AD, unless the AD –642 airplanes. That AD currently corrective actions also include contacting specifies otherwise. requires inspecting to determine the Airbus for repair instructions and repair if (1) The Director of the Federal Register part number of the pressure relief valves fasteners are not at nominal diameter or if approved the incorporation by reference of any crack is found. on the affected Goodrich evacuation this service information under 5 U.S.C. systems, and corrective action if Actions and Compliance 552(a) and 1 CFR part 51. necessary. For certain airplanes, this (f) Before the accumulation of 14,000 flight (2) For service information identified in new AD requires an additional cycles from the first flight of the aircraft, or this AD, contact Airbus, 1 Rond Point inspection to determine the part number within 1,500 flight cycles following the Maurice Bellonte, 31707 Blagnac Cedex, of the pressure relief valves, and France. effective date of this AD, whichever occurs corrective action if necessary. This AD later, unless already done, do the following (3) You may review copies at the FAA, Transport Airplane Directorate, 1601 Lind results from a report indicating that, actions: Perform a detailed visual inspection during maintenance testing, the of the longitudinal joint at stringer 28 RH Avenue, SW., Renton, Washington; or at the pressure relief valves on the affected between FR18 and FR19 for missing National Archives and Records fasteners, and do all applicable corrective Administration (NARA). For information on Goodrich evacuation systems did not actions before further flight, in accordance the availability of this material at NARA, call seal when activated, which caused the with the instructions defined in Airbus (202) 741–6030, or go to: http:// pressure in the escape slide/raft to drop Service Bulletin A330–53–3170 or A340–53– www.archives.gov/federal-register/cfr/ibr- below the minimum allowable raft 4175, both dated March 27, 2007. locations.html. mode pressure. We are issuing this AD

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to prevent loss of pressure in the escape inspecting to determine the part number because it addresses an unsafe condition slides/rafts after an emergency of the pressure relief valves on the that is likely to exist or develop on evacuation, which could result in affected Goodrich evacuation systems, products identified in this rulemaking inadequate buoyancy to support the and corrective action if necessary. For action. raft’s passenger capacity during certain airplanes, that NPRM also Regulatory Findings ditching, and increase the chance for proposed to require an additional injury to raft passengers. inspection to determine the part number We have determined that this AD will DATES: This AD becomes effective of the pressure relief valves, and not have federalism implications under December 11, 2007. corrective action if necessary. Executive Order 13132. This AD will not have a substantial direct effect on The Director of the Federal Register Comments approved the incorporation by reference the States, on the relationship between of a certain publication listed in the AD We provided the public the the national government and the States, as of December 11, 2007. opportunity to participate in the or on the distribution of power and On July 17, 2006 (71 FR 33606, June development of this AD. No comments responsibilities among the various 12, 2006), the Director of the Federal have been received on the NPRM or on levels of government. Register approved the incorporation by the determination of the cost to the For the reasons discussed above, I reference of Goodrich Service Bulletin public. certify that this AD: 25–355, dated July 25, 2005. Conclusion (1) Is not a ‘‘significant regulatory ADDRESSES: For service information action’’ under Executive Order 12866; We have carefully reviewed the identified in this AD, contact Goodrich, (2) Is not a ‘‘significant rule’’ under available data and determined that air Aircraft Interior Products, ATTN: DOT Regulatory Policies and Procedures safety and the public interest require Technical Publications, 3414 South (44 FR 11034, February 26, 1979); and adopting the AD as proposed. Fifth Street, Phoenix, AZ 85040. (3) Will not have a significant Costs of Compliance economic impact, positive or negative, Examining the AD Docket There are about 689 airplanes of the on a substantial number of small entities You may examine the AD docket on affected design in the worldwide fleet. under the criteria of the Regulatory the Internet at http:// This AD affects about 27 airplanes of Flexibility Act. www.regulations.gov; or in person at the U.S. registry. We prepared a regulatory evaluation Docket Management Facility between 9 The actions that are required by AD of the estimated costs to comply with a.m. and 5 p.m., Monday through 2006–12–08 and retained in this AD this AD and placed it in the AD docket. Friday, except Federal holidays. The AD take about 1 work hour per airplane, at See the ADDRESSES section for a location docket contains this AD, the regulatory an average labor rate of $80 per work to examine the regulatory evaluation. evaluation, any comments received, and hour. Based on these figures, the List of Subjects in 14 CFR Part 39 other information. The address for the estimated cost of the currently required Docket Office (telephone 800–647–5527) actions is $2,160, or $80 per airplane. Air transportation, Aircraft, Aviation is the Document Management Facility, All airplanes affected by the new safety, Incorporation by reference, U.S. Department of Transportation, required action are currently operated Safety. Docket Operations, M–30, West by non-U.S. operators under foreign Adoption of the Amendment Building Ground Floor, Room W12–140, registry. If an affected airplane is 1200 New Jersey Avenue, SE., imported and placed on the U.S. I Accordingly, under the authority Washington, DC 20590. Register in the future, the new actions delegated to me by the Administrator, FOR FURTHER INFORMATION CONTACT: will take about 1 work hour per the FAA amends 14 CFR part 39 as Tracy Ton, Aerospace Engineer, Cabin airplane, at an average labor rate of $80 follows: Safety/Mechanical and Environmental per work hour. Based on these figures, Systems Branch, ANM–150L, FAA, Los the estimated cost of the new actions PART 39—AIRWORTHINESS Angeles Aircraft Certification Office, specified in this AD for U.S. operators DIRECTIVES 3960 Paramount Boulevard, Lakewood, is $80 per airplane. I California 90712–4137; telephone (562) 1. The authority citation for part 39 627–5352; fax (562) 627–5210. Authority for This Rulemaking continues to read as follows: SUPPLEMENTARY INFORMATION: Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. specifies the FAA’s authority to issue § 39.13 [Amended] Discussion rules on aviation safety. Subtitle I, The FAA issued a notice of proposed Section 106, describes the authority of I 2. The Federal Aviation rulemaking (NPRM) to amend 14 CFR the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13 part 39 to include an AD that Aviation Programs, describes in more by removing amendment 39–14633 (71 supersedes AD 2006–12–08, amendment detail the scope of the Agency’s FR 33606, June 12, 2006) and by adding 39–14633 (71 FR 33606, June 12, 2006). authority. the following new airworthiness The existing AD applies to Goodrich We are issuing this rulemaking under directive (AD): evacuation systems approved under the authority described in Subtitle VII, 2007–23–01 Goodrich (Formerly BF Technical Standard Order (TSO) TSO– Part A, Subpart III, Section 44701, Goodrich): Amendment 39–15247. C69b and installed on certain Airbus ‘‘General requirements.’’ Under that Docket No. FAA–2007–28882; Model A330–200 and –300 series section, Congress charges the FAA with Directorate Identifier 2007–NM–035–AD. airplanes, Model A340–200 and –300 promoting safe flight of civil aircraft in Effective Date series airplanes, and Model A340–541 air commerce by prescribing regulations (a) This AD becomes effective December and –642 airplanes. That NPRM was for practices, methods, and procedures 11, 2007. published in the Federal Register on the Administrator finds necessary for August 6, 2007 (72 FR 43576). That safety in air commerce. This regulation Affected ADs NPRM proposed to continue to require is within the scope of that authority (b) This AD supersedes AD 2006–12–08.

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Applicability number of the pressure relief valve on the Archives and Records Administration (c) This AD applies to Goodrich evacuation Goodrich evacuation systems in accordance (NARA). For information on the availability systems approved under Technical Standard with the Accomplishment Instructions of of this material at NARA, call 202–741–6030, Order (TSO) TSO–C69b, as installed on Goodrich Service Bulletin 25–355, Revision or go to: http://www.archives.gov/federal- Airbus Model A330–201, –202, –203, –223, 1, dated July 24, 2006. register/cfr/ibr-locations.html. (1) If any pressure relief valve having P/N –243, –301, –321, –322, –323, –341, –342, Issued in Renton, Washington, on October 4A3791–6 is installed, before further flight, and –343 airplanes; Model A340–211, –212, 27, 2007. replace the valve with a new or serviceable –213, –311, –312, and –313 airplanes; and Stephen P. Boyd, Model A340–541 and –642 airplanes; valve having P/N 4A3641–26 and mark the certificated in any category. girt adjacent to the placard, in accordance Assistant Manager, Transport Airplane with the Accomplishment Instructions of the Directorate, Aircraft Certification Service. Unsafe Condition service bulletin. [FR Doc. E7–21685 Filed 11–5–07; 8:45 am] (2) If any pressure release valve having P/ (d) This AD results from a report indicating BILLING CODE 4910–13–P that, during maintenance testing, the N 4A3641–26 is installed, before further pressure relief valves on the affected flight, mark the girt adjacent to the placard in accordance with the Accomplishment Goodrich evacuation systems did not seal DEPARTMENT OF HEALTH AND when activated, which caused the pressure in Instructions of the service bulletin. HUMAN SERVICES the escape slide/raft to drop below the Parts Installation for All Airplanes minimum allowable raft mode pressure. We (i) As of the effective date of this AD, no are issuing this AD to prevent loss of Food and Drug Administration person may install a pressure relief valve pressure in the escape slides/rafts after an having P/N 4A3791–3, on any airplane emergency evacuation, which could result in 21 CFR Part 558 equipped with Goodrich evacuation systems inadequate buoyancy to support the raft’s identified in Goodrich Service Bulletin 25– New Animal Drugs; Ractopamine passenger capacity during ditching, and 355, Revision 1, dated July 24, 2006. increase the chance for injury to raft (j) As of the effective date of this AD, no AGENCY: passengers. Food and Drug Administration, person may install a pressure relief valve HHS. having P/N 4A3791–6, on any airplane Compliance ACTION: Final rule. equipped with Goodrich evacuation systems (e) You are responsible for having the identified in Goodrich Service Bulletin 25– actions required by this AD performed within SUMMARY: The Food and Drug 355, Revision 1, dated July 24, 2006. the compliance times specified, unless the Administration (FDA) is amending the actions have already been done. Alternative Methods of Compliance animal drug regulations to reflect (AMOCs) Restatement of Requirements of AD 2006– approval of a supplemental new animal 12–08 (k)(1) The Manager, Los Angeles Aircraft drug application (NADA) filed by Certification Office, FAA, has the authority to Elanco Animal Health. The Inspection for Certain Part Number (P/N) approve AMOCs for this AD, if requested in supplemental NADA provides for an (f) For all airplanes: Within 36 months after accordance with the procedures found in 14 increased level of monensin in three- July 17, 2006 (the effective date of AD 2006– CFR 39.19. way combination Type C medicated 12–08): Perform an inspection to determine (2) To request a different method of compliance or a different compliance time feeds containing ractopamine, the part number of the pressure relief valve monensin, and tylosin for cattle fed in on the Goodrich evacuation systems in for this AD, follow the procedures in 14 CFR accordance with the Accomplishment 39.19. Before using any approved AMOC on confinement for slaughter and a revision Instructions of Goodrich Service Bulletin 25– any airplane to which the AMOC applies, to bacterial pathogen nomenclature. 355, dated July 25, 2005; or Goodrich Service notify your appropriate principal inspector DATES: This rule is effective November Bulletin 25–355, Revision 1, dated July 24, (PI) in the FAA Flight Standards District 6, 2007. Office (FSDO), or lacking a PI, your local 2006. After the effective date of this AD, only FOR FURTHER INFORMATION CONTACT: FSDO. Goodrich Service Bulletin 25–355, Revision Daniel A. Benz, Center for Veterinary 1, dated July 24, 2006, may be used. (3) AMOCs approved previously in (1) If any pressure relief valve having P/N accordance with AD 2006–12–08 are Medicine (HFV–126), Food and Drug 4A3791–3 is installed, before further flight, approved as AMOCs for the corresponding Administration, 7500 Standish Pl., replace the valve with a new or serviceable provisions of this AD. Rockville, MD 20855, 301–827–0223, valve having P/N 4A3641–1 and mark the girt Material Incorporated by Reference e-mail: [email protected]. adjacent to the placard, in accordance with SUPPLEMENTARY INFORMATION: (l) You must use Goodrich Service Bulletin Elanco the Accomplishment Instructions of the Animal Health, A Division of Eli Lilly service bulletin. 25–355, dated July 25, 2005; or Goodrich Service Bulletin 25–355, Revision 1, dated & Co., Lilly Corporate Center, (2) If any pressure release valve having P/ July 24, 2006; as applicable, to perform the Indianapolis, IN 46285, filed a N 4A3641–1 is installed, before further flight, actions that are required by this AD, unless mark the girt adjacent to the placard in supplement to NADA 141–224 that the AD specifies otherwise. accordance with the Accomplishment provides for use of OPTAFLEXX (1) The Director of the Federal Register Instructions of the service bulletin. (ractopamine hydrochloride), approved the incorporation by reference of RUMENSIN (monensin USP), and Part Installation for Airplanes Identified in Goodrich Service Bulletin 25–355, Revision TYLAN (tylosin phosphate) Type A Original Issue of the Service Bulletin 1, dated July 24, 2006, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. medicated articles to make dry and (g) As of July 17, 2006, no person may liquid three-way combination install a pressure relief valve having P/N (2) On July 17, 2006 (71 FR 33606, June 12, 2006), the Director of the Federal Register medicated feeds for cattle fed in 4A3791–3, on any airplane equipped with approved the incorporation by reference of Goodrich evacuation systems identified in confinement for slaughter. The Goodrich Service Bulletin 25–355, dated July Goodrich Service Bulletin 25–355, dated July supplemental NADA provides for an 25, 2005. 25, 2005. increased level of monensin in (3) Contact Goodrich, Aircraft Interior combination Type C medicated feeds New Requirements of This AD Products, ATTN: Technical Publications, and a revision to bacterial pathogen 3414 South Fifth Street, Phoenix, AZ 85040, Inspection for Certain Other P/N for a copy of this service information. You nomenclature. The supplemental NADA (h) For Model A340–541 airplanes: Within may review copies at the FAA, Transport is approved as of October 12, 2007, and 36 months after the effective date of this AD, Airplane Directorate, 1601 Lind Avenue, the regulations in 21 CFR 558.500 are perform an inspection to determine the part SW., Renton, Washington; or at the National amended to reflect the approval.

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In accordance with the freedom of nor an environmental impact statement PART 558—NEW ANIMAL DRUGS FOR information provisions of 21 CFR part is required. USE IN ANIMAL FEEDS 20 and 21 CFR 514.11(e)(2)(ii), a This rule does not meet the definition summary of safety and effectiveness of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because I 1. The authority citation for 21 CFR data and information submitted to it is a rule of ‘‘particular applicability.’’ part 558 continues to read as follows: support approval of this application Therefore, it is not subject to the Authority: 21 U.S.C. 360b, 371. may be seen in the Division of Dockets congressional review requirements in 5 Management (HFA–305), Food and Drug U.S.C. 801–808. I 2. In § 558.500, in the table in Administration, 5630 Fishers Lane, rm. paragraph (e)(2), revise paragraphs List of Subjects in 21 CFR Part 558 1061, Rockville, MD 20852, between 9 (e)(2)(iv) and (e)(2)(ix) to read as a.m. and 4 p.m., Monday through Animal drugs, Animal feeds. follows: Friday. The agency has determined under 21 I Therefore, under the Federal Food, § 558.500 Ractopamine. CFR 25.33(a)(2) that this action is of a Drug, and Cosmetic Act and under the * * * * * type that does not individually or authority delegated to the Commissioner cumulatively have a significant effect on of Food and Drugs and redelegated to (e) * * * the human environment. Therefore, the Center for Veterinary Medicine, 21 (2) * * * neither an environmental assessment CFR part 558 is amended as follows:

Ractopamine in grams/ ton Combination in grams/ton Indications for use Limitations Sponsor

*******

(iv) 8.2 to 24.6 Monensin 10 to 40 to provide Cattle fed in confinement for slaugh- As in paragraph (e)(2)(i) of this 000986 0.14 to 0.42 mg monensin/lb ter: As in paragraph (e)(2)(i) of this section; see §§ 558.355(d) of body weight, depending on section; for prevention and control and 558.625(c) of this chap- severity of coccidiosis chal- of coccidiosis due to Eimeria bovis ter. lenge, up to 480 mg/head/ and E. zuernii; and for reduction of day, plus tylosin 8 to 10 incidence of liver abscesses caused by Fusobacterium necrophorum and Arcanobacterium (Actinomyces) pyogenes.

*******

(ix) 9.8 to 24.6 Monensin 10 to 40 to provide Cattle fed in confinement for slaugh- As in paragraph (e)(2)(vi) of this 000986 0.14 to 0.42 mg monensin/lb ter: As in paragraph (e)(2)(vi) of section; see §§ 558.355(d) of body weight, depending on this section; for prevention and and 558.625(c) of this chap- severity of coccidiosis chal- control of coccidiosis due to ter. lenge, up to 480 mg/head/ Eimeria bovis and E. zuernii; and day, plus tylosin 8 to 10 for reduction of incidence of liver abscesses caused by Fusobacterium necrophorum and Arcanobacterium (Actinomyces) pyogenes.

*******

Dated: October 26, 2007. ACTION: Direct final rule. Inspection Program’’ from Denver’s Bernadette Dunham, revised PM10 maintenance plan. In Deputy Director, Center for Veterinary SUMMARY: EPA is taking direct final addition, EPA is approving a Medicine. action approving a State transportation budget trading protocol [FR Doc. E7–21816 Filed 11–5–07; 8:45 am] Implementation Plan (SIP) revision for estimating the PM10 and nitrogen BILLING CODE 4160–01–S submitted by the State of Colorado. On oxides (NOx) for each conformity September 25, 2006, the Governor’s determination. This action is being designee submitted a revised plan for taken under section 110 of the Clean Air ENVIRONMENTAL PROTECTION particulate matter with an aerodynamic Act. diameter, less than or equal to 10 AGENCY DATES: This direct final rule is effective microns (PM10) for the Denver on January 7, 2008 without further 40 CFR Part 52 metropolitan area for the PM10 National notice, unless EPA receives adverse Ambient Air Quality Standard comment by December 6, 2007. If [EPA–R08–OAR–2007–0622; FRL–8490–6] (NAAQS). This revised maintenance adverse comment is received, EPA will plan addresses maintenance of the Approval and Promulgation of Air publish a timely withdrawal of the PM10 standard for a second ten-year Quality Implementation Plans; State of direct final rule in the Federal Register period beyond redesignation, extends Colorado; Revised Denver PM10 informing the public that the rule will the horizon years, and contains revised Maintenance Plan not take effect. transportation conformity budgets. EPA AGENCY: Environmental Protection is approving the removal of Regulation ADDRESSES: Submit your comments, Agency (EPA). No. 11, ‘‘Motor Vehicle Emissions identified by Docket Number EPA–R08–

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OAR–2007–0622, by one of the about EPA’s public docket visit the EPA (iii) The initials NAAQS mean following methods: Docket Center homepage at http:// National Ambient Air Quality Standard. • http://www.regulations.gov. Follow www.epa.gov/epahome/dockets.htm. (iv) The initials SIP mean or refer to the on-line instructions for submitting For additional instructions on State Implementation Plan. comments. submitting comments, go to Section I, (v) The word State means the State of • E-mail: [email protected] and General Information of the Colorado, unless the context indicates [email protected]. SUPPLEMENTARY INFORMATION section of • Fax: (303) 312–6064 (please alert otherwise. this document. (vi) PM10 means particulate matter the individual listed in the FOR FURTHER Docket: All documents in the docket with an aerodynamic diameter less than INFORMATION CONTACT, if you are faxing are listed in the http:// 10 microns. comments). www.regulations.gov index. Although • Mail: Callie A. Videtich, Director, listed in the index, some information is I. General Information Air and Radiation Program, not publicly available, e.g., CBI or other A. What Should I Consider as I Prepare Environmental Protection Agency information whose disclosure is My Comments for EPA? (EPA), Region 8, Mailcode 8P–AR, 1595 restricted by statute. Certain other Wynkoop Street, Denver, Colorado material, such as copyrighted material, 1. Submitting Confidential Business 80202–1129. will be publicly available only in hard Information. Do not submit this • Hand Delivery: Callie A. Videtich, copy. Publicly available docket information to EPA through http:// Director, Air and Radiation Program, materials are available either www.regulations.gov or e-mail. Clearly Environmental Protection Agency electronically in http:// mark the part or all of the information (EPA), Region 8, Mailcode 8P–AR, 1595 www.regulations.gov or in hard copy at that you claim to be CBI. For CBI Wynkoop Street, Denver, Colorado the Air and Radiation Program, information in a disk or CD–ROM 80202–1129. Such deliveries are Environmental Protection Agency mailed to EPA, mark the outside of the accepted Monday through Friday, 8 a.m. (EPA), Region 8, 1595 Wynkoop Street, disk or CD–ROM as CBI and then to 4:55 p.m., excluding Federal Denver, Colorado 80202–1129. EPA holidays. Special arrangements should identify electronically, within the disk requests, if at all possible, that you be made for deliveries of boxed or CD–ROM, the specific information contact the individual listed in the FOR information. that is claimed as CBI. In addition to Instructions: Direct your comments to FURTHER INFORMATION CONTACT section to one complete version of the comment Docket ID No. EPA–R08–OAR–2007– view the hard copy of the docket. You that includes information claimed as XXXX. EPA’s policy is that all may view the hard copy of the docket CBI, a copy of the comment that does comments received will be included in Monday through Friday, 8 a.m. to 4 not contain the information claimed as the public docket without change and p.m., excluding Federal holidays. CBI must be submitted for inclusion in may be made available at http:// FOR FURTHER INFORMATION CONTACT: the public docket. Information so www.regulations.gov, including any Kerri Fiedler, Air and Radiation marked will not be disclosed, except in personal information provided, unless Program, Environmental Protection accordance with procedures set forth in the comment includes information Agency (EPA), Region 8, Mailcode 8P– 40 CFR part 2. claimed to be Confidential Business AR, 1595 Wynkoop Street, Denver, 2. Tips for Preparing Your Comments. Information (CBI) or other information Colorado 80202–1129, phone (303) 312– When submitting comments, remember whose disclosure is restricted by statute. 6493, and e-mail at: to: Do not submit information that you [email protected]. a. Identify the rulemaking by docket consider to be CBI or otherwise SUPPLEMENTARY INFORMATION: number and other identifying protected through http:// information (subject heading, Federal www.regulations.gov or e-mail. The Table of Contents Register date and page number). http://www.regulations.gov Web site is I. General Information b. Follow directions—The agency may II. What is the purpose of this action? an ‘‘anonymous access’’ system, which ask you to respond to specific questions means EPA will not know your identity III. What is the State’s process to submit these materials to EPA? or organize comments by referencing a or contact information unless you IV. EPA’s Evaluation of Denver’s PM10 Code of Federal Regulations (CFR) part provide it in the body of your comment. Maintenance Plan or section number. If you send an e-mail comment directly V. EPA’s Evaluation of the Transportation c. Explain why you agree or disagree; to EPA, without going through http:// Conformity Requirements suggest alternatives and substitute www.regulations.gov, your e-mail VI. EPA’s Approval of the Transportation language for your requested changes. address will be automatically captured Budget Trading Protocol d. Describe any assumptions and and included as part of the comment VII. EPA’s Evaluation of the Regulation No. provide any technical information and/ that is placed in the public docket and 11 Revisions or data that you used. made available on the Internet. If you VIII. Consideration of Section 110(l) of the Clean Air Act submit an electronic comment, EPA e. If you estimate potential costs or IX. Final Action burdens, explain how you arrived at recommends that you include your X. Statutory and Executive Order Reviews name and other contact information in your estimate in sufficient detail to the body of your comment and with any Definitions allow it to be reproduced. disk or CD–ROM you submit. If EPA For the purpose of this document, we f. Provide specific examples to cannot read your comment due to are giving meaning to certain words or illustrate your concerns and suggest technical difficulties and cannot contact initials as follows: alternatives. you for clarification, EPA may not be (i) The words or initials Act or CAA g. Explain your views as clearly as able to consider your comment. mean or refer to the Clean Air Act, possible, avoiding the use of profanity Electronic files should avoid the use of unless the context indicates otherwise. or personal threats. special characters, any form of (ii) The words EPA, we, us or our h. Make sure to submit your encryption, and be free of any defects or mean or refer to the United States comments by the comment period viruses. For additional information Environmental Protection Agency. deadline identified.

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II. What is the purpose of this action? hearing for the revised Denver PM10 be measured by a reference method, In this action, we are approving the maintenance plan and Regulation No. based on appendix J, and designated in 11 on December 15, 2005. The AQCC revised maintenance plan for the Denver accordance with part 53 of this chapter, adopted the revised PM10 maintenance PM10 attainment/maintenance area that or an equivalent method. plan and removal of Regulation No. 11 is designed to keep the area in The original Denver PM10 from Denver’s revised PM10 attainment for PM10 for a second ten- maintenance plan, approved by EPA on maintenance plan directly after the year period beyond the original September 16, 2002, relied on ambient hearing. This SIP revision became State redesignation. EPA is approving the air quality data from 1999 through 2001. effective on March 2, 2006, and was removal of Regulation No. 11, ‘‘Motor This revised Denver PM10 maintenance submitted by the Governor’s designee to Vehicle Emissions Inspection Program’’ plan submitted September 25, 2006, us on September 25, 2006. from Denver’s revised PM10 relies on ambient air quality data from We have evaluated the revised 2000 through 2004. Further, we have maintenance plan. In addition, we are maintenance plan and have determined approving revised transportation reviewed ambient air quality data from that the State met the requirements for 2005 to 2006 and the Denver area shows conformity motor vehicle emissions reasonable notice and public hearing budgets (MVEBs) and MVEB trading continuous attainment of the PM10 under section 110(a)(2) of the CAA. As NAAQS based on the most recent data protocol. required by section 110(k)(1)(B) of the We approved the original PM10 archived in our Aerometric Information CAA, we reviewed these SIP materials and Retrieval System (AIRS). redesignation to attainment and for conformance with the completeness B. Using the MOBILE6.2 emission maintenance plan for the Denver area on criteria in 40 CFR part 51, Appendix V, factor model, the State updated the September 16, 2002, (67 FR 58335). In and determined that the submittal was attainment year, projected years and the this revised maintenance plan, the State administratively and technically maintenance year emission inventories. has updated the mobile source PM10 complete. Our completeness The State updated the attainment year emissions with MOBILE6.2; updated the determination was sent on February 21, (2001), projected years (2009, 2010, transportation projections and 2007, through a letter from Robert E. 2015, 2020) and the maintenance year stationary source inventories; revised Roberts, Regional Administrator, to (2022) emission inventories for Denver’s the MVEBs; applied a selected amount Governor Bill Ritter. of the available safety margin to the revised PM10 maintenance plan. transportation conformity MVEBs; IV. EPA’s Evaluation of Denver’s Denver’s revised PM10 maintenance established an MVEB trading protocol; Revised PM10 Maintenance Plan plan submitted on September 25, 2006, and extended the horizon year to 2022. EPA has reviewed the State’s revised included comprehensive inventories of Colorado is also removing Regulation PM10 maintenance plan for the Denver PM10 emissions for the Denver area. No. 11, ‘‘Motor Vehicle Emissions attainment/maintenance area and finds These inventories include emissions Inspection Program’’ from Denver’s approval is warranted. The following from stationary point sources, area revised PM10 maintenance plan. We are the key aspects of these revisions sources, non-road mobile sources, and have determined that these changes are along with our evaluation of each: on-road mobile sources. More detailed approvable as described below. A. The State has revised the Denver descriptions of the 2001 attainment year PM10 maintenance plan to include air inventory; a new estimated 2009 III. What is the State’s process to quality data that show continuous inventory; updated 2010, 2015, and submit these materials to EPA? attainment of the PM10 NAAQS. 2020 projected inventories; and the Section 110(k) of the CAA addresses As described in 40 CFR 50.6, the level 2022 maintenance year projected our actions on submissions of revisions of the national primary and secondary inventory are documented in the revised to a State Implementation Plan (SIP). 24-hour ambient air quality standards maintenance plan in section B, The CAA requires States to observe for particulate matter is 150 micrograms ‘‘Emission Inventories’’ and in the certain procedural requirements in per cubic meter (µg/m3), 24-hour State’s Technical Support Document developing SIP revisions for submittal average concentration. The standards (TSD). The State’s submittal contains to us. Section 110(a)(2) of the CAA are attained when the expected number emission inventory information that was requires that each SIP revision be of days per calendar year with a 24-hour prepared in accordance with EPA adopted after reasonable notice and average concentration above 150 µg/m3, guidance. Summary emission figures for public hearing. This must occur prior to as determined in accordance with 40 primary and secondary (NOx and SO2) the revision being submitted by a state CFR part 50, Appendix K, is equal to or mobile sources and totals emissions to us. less than one (1). The regulations in 40 from the 2001 attainment year and the The Colorado Air Quality Control CFR 50.6 continue by stating that the projected years are provided in Table Commission (AQCC) held a public levels of PM10 in the ambient air shall IV–1 below.

TABLE IV–1.—SUMMARY OF PM10 EMISSIONS IN TONS PER DAY FOR DENVER

2001 2009 2010 2015 2020 2022

Primary PM10 Mobile Sources ...... 33.1 41.7 42.4 46.6 50.7 52.1 Total Primary PM10 ...... 62.3 92 93.3 99.4 105.3 107.5 NOx Mobile Sources ...... 131.9 77.9 73.4 50.0 38.9 37.6 Total NOx ...... 255.1 280.6 276.4 252.8 244.1 244.4 Mobile Source SO2...... 4.9 0.8 0.5 0.6 0.7 0.7 Total SO2 ...... 101.3 181.8 181.7 182.4 183.5 184.9

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The State’s approach follows EPA action, and available from either EPA or maintenance plan. The original Denver guidance on projected emissions and it the State. Other revisions to the mobile PM10 redesignation maintenance plan is acceptable.1 Further information on sources categories were due to revised was approved by EPA on September 16, these projected emissions may also be vehicle miles traveled (VMT) estimates 2002. The State has revised and updated found in the State’s TSD. The State that were provided to the State from the the maintenance plan for a second ten- estimated the emissions from vehicles Denver Regional Council of year period beyond redesignation. using EPA’s MOBILE6.2 model and the Governments (DRCOG), which is the The September 25, 2006 revised road dust emission factors derived from metropolitan planning organization maintenance plan updated mobile a Denver area road dust study (MPO) for the Denver area. The revised source PM10 emissions with conducted in 1989. These road dust VMT estimates were extracted from MOBILE6.2, assuming removal of factors were used to estimate emissions DRCOG’s 2030 Regional Transportation Regulation No. 11, the vehicle I/M in the previous maintenance plan and Plan of January, 2005. In summary, the program, and used the most recent original redesignation request. The revised maintenance plan and State TSD planning assumptions for the Denver MOBILE6.2 modeling information is contains detailed emission inventory metropolitan area from DRCOG’s 2030 contained in the State’s TSD. Much of information, that were prepared in Regional Transportation Plan (RTP). The the modeling data, input-output files, accordance with EPA guidance, and are modeled domain-wide VMT estimate is fleet makeup, MOBILE6.2 input acceptable to EPA. presented in Chapter 4, Section B.1 of parameters, etc. is on a compact disc C. The State revised the maintenance Denver’s revised PM10 maintenance (CD), included with the docket for this demonstration used in the original plan and Table IV–2 below.

TABLE IV–2.—ESTIMATED DAILY VMT

Year 2001 2005 2015 2020 2030

49,783,121 53,208,574 65,722,110 71,484,844 82,081,684

Chapter 2, Section D, of Denver’s emissions for both major sources of area source emissions are dependent on revised PM10 maintenance plan primary PM10 and source of secondary demographic data as a surrogate contains a discussion of the State’s NOx and SO2 emissions. We find the emission factor. DRCOG demographics assessment of stationary source State’s overall analysis of stationary are presented below from section emissions. Stationary source inventories sources of emissions acceptable. Chapter 4, Section 1, Table 4–1 of were updated including new sources For the non-road and area source Denver’s revised PM10 maintenance permitted since the previously approved emissions, the State relied upon plan, and a further discussion is maintenance plan. The State estimates updated demographic information from presented in the State’s TSD. DRCOG. Several of the non-road and

TABLE IV–3.—DEMOGRAPHICS

Year 2001 2005 2015 2020 2030

Population ...... 2,034,861 2,146,319 2,432,326 2,612,345 2,972,384 Households ...... 812,273 868,183 994,133 1,074,706 1,235,853 Employment ...... 1,171,970 1,122,934 1,434,530 1,533,233 1,730,639

Based on the data provided in the networks and make changes as Federal Highway Administration and submitted material, we have concluded appropriate. EPA. that the revised maintenance Also, in Section E, the State commits Based on the above, we are approving demonstration is approvable. to track PM10 mobile source parameters these commitments as satisfying the D. Monitoring Network and Verification and new and modified stationary source relevant requirements. We note that our of Continued Attainment permits. Since regular revisions to the final rulemaking approval renders the transportation improvement programs State’s commitments federally Continued attainment of the PM10 are prepared every two years, and must enforceable. These commitments are NAAQS in the Denver area depends, in go through a transportation conformity also the same as those we approved in part, on the State’s efforts to track finding, the State will use this process the original and the previously revised indicators throughout the maintenance to periodically review the VMT estimate maintenance plan. period. This requirement is met in and mobile source emissions projections E. Contingency Plan Section E, ‘‘Monitoring Network/ used in the revised maintenance plan. Verification of Continued Attainment’’ This regional transportation process is Section 175A(d) of the CAA requires of the revised Denver PM10 conducted by DRCOG in coordination that a maintenance plan include maintenance plan. In this section, the with the Regional Air Quality Council contingency provisions. To meet this State commits to continue operating the (RAQC), the State’s Air Pollution requirement, the State has identified PM10 monitors in the Denver area, and Control Division (APCD), the AQCC, the to annually review the monitoring appropriate contingency measures along

1 ‘‘Procedures for Processing Requests to Redesignate Areas to Attainment,’’ Policy Memo: J. Calcagni to Div. Air Directors, September 4, 1992.

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with a schedule for the development F. Subsequent Maintenance Plan For transportation plan analysis years, and implementation of such measures. Revisions after the last year of the maintenance As stated in Section F of the revised plan, a conformity determination must Denver PM10 maintenance plan, the The previously approved show that emissions are less than or contingency measures will be triggered maintenance plan addressed the period equal to the maintenance plan’s MVEBs by a violation of the PM10 NAAQS. 1995 through 2015 and demonstrated, in for the last year of the implementation (However, the maintenance plan notes accordance with section 175A(a) of the plan. EPA’s conformity regulation (40 that an exceedance of the PM10 NAAQS CAA, that the PM10 standard will be CFR 93.124) also allows the may initiate a voluntary, local process maintained for the initial ten-year implementation plan to quantify by the RAQC and APCD to identify and period (through 2012). In accordance explicitly the amount by which motor evaluate potential contingency with section 175A(b), Colorado has vehicle emissions could be higher while measures.) submitted a revised maintenance plan still demonstrating compliance with the The RAQC, in coordination with the within eight years after our approval of maintenance requirement. The APCD and AQCC, will initiate a the original redesignation. The purpose implementation plan can then allocate subcommittee process to begin of this revised maintenance plan is to some or all of this additional safety evaluating potential contingency provide for maintenance of the PM10 margin to the emissions budgets for measures no more than 60 days after standard for the additional ten years transportation conformity purposes. (through 2022) following the first ten- notification by the APCD that a A. Denver MVEBs violation of the PM10 NAAQS has year period. Section D of the revised Denver PM10 occurred. The subcommittee will Based on our review of the maintenance plan describes the present recommendations within 120 components of the revised Denver PM10 applicable transportation conformity days of notification and recommended maintenance plan, as discussed in items requirements and updated MVEBs for contingency measures will be presented IV(A) through IV(F) above, we have the revised maintenance plan. In to the AQCC within 180 days of concluded that the State has met the addition to establishing MVEBs, the notification. The AQCC will then hold necessary requirements for us to fully State establishes an emission budget a public hearing to consider the approve the revised Denver PM10 trading protocol for trading between recommended contingency measures, maintenance plan. It is important to note that neither the maintenance plan emissions budgets for primary PM10 along with any other contingency and the PM10 precursor, NOx. Through nor the control measures relied upon in measures that the AQCC believes may this revised maintenance plan, the State this maintenance plan will cease after be appropriate to effectively address the has established a MVEB for 2015 the final maintenance year 2022. The violation of the PM10 NAAQS. The through 2021 and 2022 and beyond. maintenance plan and control measures necessary contingency measures will be Specifically, the PM10 MVEBs are relied upon in the maintenance plan adopted and implemented within one defined as 54 tons per day (TPD) of will continue to be a part of Colorado’s (1) year after the violation occurs. PM10 and 70 TPD of NOx for 2015, and SIP, unless we approve their removal. The potential contingency measures 55 TPD of PM10 and 56 TPD of NOx for The maintenance plan will remain in that are identified in section F.1 of 2022. The trading protocol will be effect until it is revised and we approve Denver’s revised PM10 maintenance explained more fully at a later point in plan include: (1) Reinstatement of the the revision. this notice. enhanced I/M program in effect before V. EPA’s Evaluation of the Under our conformity rules, an MVEB January 10, 2000; (2) required Transportation Conformity is established for a given year, not for compliance with Regulation 12 Requirements a range of years. This is because the concerning the diesel inspection/ MVEB reflects the inventory value for maintenance program; (3) compliance One key provision of our conformity motor vehicle emissions in a given year, with Regulation 13 concerning the regulation requires a demonstration that plus, potentially, any safety margin in oxygenated gasoline program; (4) emissions from the Long Range that year. (We explain the concept of permitting terms and limits that were Transportation Plan and the safety margin more fully below.) It is not included in stationary permits Transportation Improvement Program possible to specify the same MVEB for previously incorporated into the state (TIP) are consistent with the emissions a range of years absent specific analysis implementation plan at 40 CFR budgets in the SIP (40 CFR 93.118 and supporting the derivation of that budget 52.320(82); 62 FR 18716 (April 17, 93.124). The emissions budgets are for each year in the range. As a practical 1997). In addition, the State lists defined as the level of mobile source matter, this is not usually important potential contingency measures that emissions relied upon in the attainment because our conformity rules also say would be evaluated for efficacy and or maintenance demonstration to that an MVEB for a particular year suitability. These measures include, maintain compliance with the NAAQS applies for conformity analyses of among others, increased street sweeping in the non-attainment or maintenance emissions in that year and all requirements, road paving requirements, area. The rule’s requirements and EPA’s subsequent years before the next budget wood burning restrictions, and retrofit policy on emissions budgets are found year. See 40 CFR 93.118(b)(1)(ii), programs for diesel engines. in the preamble to the November 24, ‘‘Emissions in years for which no motor Based on the above, we find that the 1993, transportation conformity rule (58 vehicle emissions budget(s) are contingency measures provided in FR 62193–96) and in the sections of the specifically established must be less Denver’s revised PM10 maintenance rule referenced above. With respect to than or equal to the motor vehicle plan are sufficient and meet the maintenance plans, our conformity emissions budget(s) established for the requirements of section 175A(d) of the regulation requires that motor vehicle most recent prior year.’’ Therefore, the CAA. We note the contingency emission budgets (MVEBs) must be ‘‘2015 through 2021’’ and the ‘‘2022 and measures and methodology to established for the last year of the beyond’’ budgets were derived from the implement them are the same as those maintenance plan and may be 2015 and 2022 inventory values, we approved in the original and established for any other years deemed respectively, for on-road vehicle previously revised maintenance plan. appropriate (40 CFR 93.118). emissions and available safety margin.

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Thus, we will refer to these as the 2015 for this same domain, unless the 60.1 TPD PM10/68.0 µg/m3 PM10 = 0.9 and 2022 budgets in the remainder of geographic coverage of the budget is TPD PM10/µg/m3 PM10 this action. changed through a future SIP revision. • Actual NOx total inventory/NOx In addition, it is noted that the State As shown in the maintenance fraction of max. winter PM10 had previously established MVEBs for demonstration earlier in this plan, the concentration (2001–2005) 2006 for PM10 of 60 TPD, and 119.4 2010, 2015, 2020, and 2022 regional µ 3 TPD for NOx for year 1998. These 255.1 TPD NOx/20.8 g/m PM10 = 12.3 emissions inventories for primary PM10 µ 3 budgets will continue to be effective if TPD NOx/ g/m PM10 and PM10 precursors are below the the State should perform a conformity The actual PM10 RAM inventory is level necessary to demonstrate analysis for years prior to 2015, based derived by subtracting the Potential to continued maintenance of the PM10 on 40 CFR 93.118(b)(1)(ii). Emit Point Sources from the Total standard (150 µg/m3). As a result, EPA’s The maintenance plan indicates that Primary PM10 as seen in Table 4.2 conformity regulation (40 CFR 93.124) SO emissions from mobile sources are (Primary and Secondary Emissions allows the implementation plan to an insignificant contributor to Inventory) found in the revised Denver quantify explicitly the amount by which secondary particulate formation in the PM10 maintenance plan. The averaged motor vehicle emissions could be Denver area (much less than 1 µg/m3). key receptor RAM PM10 concentration higher, while still demonstrating This is evident by Table 4.3–2 is estimated by using the RAM modeled compliance with the maintenance Secondary Particulate Concentration concentrations from the 6th highest total Worksheet, found in the Colorado State requirement. The implementation plan concentrations above100 µg/m3. The Implementation Plan for PM10, Revised can then allocate some or all of this actual NOx inventory is found at Table TSD. Therefore, an emission budget for additional ‘‘safety margin’’ to the 3.1–2 of the TSD, and the NOx fraction SO2 is not established. emissions budget(s) for conformity of maximum winter PM10 concentration The maintenance plan establishes purposes. The available safety margin in (2001–2005) is found in Table 4.3–2 of regional budgets for the PM10 modeling 2022 as shown in Table V–1 below is the TSD. µ 3 domain, which for technical modeling 4.7 g/m . Expressed in tons per day, Allocation of all of the available safety reasons, is less than the entire non- this is equivalent to 57.8 TPD of NOx margin to NOx results in mobile source attainment area (as seen in the revised emissions or 4.2 TPD of PM10, based on emissions budgets of 95.4 TPD NOx and Denver PM10 maintenance plan). All of results and relationships established in 52.1 TPD PM10. Conversely, allocation the emission estimates and air quality the modeling analysis for 2001 as of the entire available safety margin to modeling in the maintenance plan are follows: PM10 results in mobile source based on this domain. Future • Actual PM10 RAM inventory/ emissions budgets of 37.6 TPD NOx and conformity determinations shall also averaged key receptor RAM PM10 56.3 TPD PM10, as illustrated in the project future mobile source emission concentration following table:

TABLE V–1.—2022 AVAILABLE NOXORPM10 SAFETY MARGIN

NOx PM10

Maximum Allowable Concentration ...... 149.9 µg/m3 149.9 µg/m3 Maintenance Demonstration ...... 145.2 µg/m3 145.2 µg/m3 Available ‘‘safety margin’’ ((micrograms/meter3) ...... 4.7 µg/m3 4.7 µg/m3 Available ‘‘safety margin’’ (tons per day) ...... 57.8 TPD * 4.2 TPD** 2022 Mobile Sources ...... 37.6 TPD 52.1 TPD 2022 Mobile Source Budget with all Safety Margin Applied to NOx or PM10 ...... 95.4 TPD 56.3 TPD *1 µg/m3 = 12.3 TPD NOx. ** 1 µg/m3 = 0.9 TPD PM10.

This maintenance plan allocates the emissions budget and allocates a portion and a portion to NOx as shown in Table entire safety margin to the motor vehicle of the available safety margin to PM10 V–2:

TABLE V–2.—2022 ALLOCATION OF AVAILABLE SAFETY MARGIN AND DEVELOPMENT OF MOBILE SOURCE EMISSIONS BUDGETS

NOx PM10

Available ‘‘safety margin’’ ...... 4.7 µg/m3 4.7 µg/m3 Allocate a portion of PM10 ‘‘safety margin’’ ...... ¥3.2 µg/m3 Remaining Safety Margin available to NOx ...... 1.5 µg/m3 Available ‘‘safety margin’’ (tons per day) ...... 18.5 TPD * 2.9 TPD ** Allocated Safety Margin (tons per day) ...... 18.4 TPD 2.9 TPD 2022 Mobile Sources ...... 37.6 TPD 52.1 TPD 2022 Mobile Sources Emissions Budgets ...... 56 TPD 55 TPD

*1 µg/m3 = 12.3 TPD NOx. ** 1 µg/m3 = 0.9 TPD PM10.

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Therefore, the revised Denver PM10 TABLE V–3.—2022 MOTOR VEHICLE transportation networks and data maintenance plan establishes MVEBs EMISSIONS BUDGETS available at that time. As discussed for 2022, the final year of the previously, 2015 is an EPA approved budget year in the previously approved maintenance plan as seen in Table V– Year NOx PM10 3 below: (TPD) (TPD) maintenance plan (September 16, 2002). The 2015 budgets will be revised in this 2022 ...... 56 55 maintenance plan, allocating a portion of available safety margin to both PM10 The current 2015 motor vehicle and NOx, and using the same emissions budgets were established in methodology as the 2022 budgets. The the previously approved maintenance analysis for allocating the safety margin plan using MOBILE5 and DRCOG is seen in Table V–4.

TABLE V–4.—2015 ALLOCATION OF AVAILABLE SAFETY MARGIN AND DEVELOPMENT OF MOBILE SOURCE EMISSIONS BUDGETS

NOx PM10

Maximum Allowable Concentration ...... 149.9 µg/m3 149.9 µg/m3 Maintenance Demonstration ...... 137.5 µg/m3 137.5 µg/m3 Available ‘‘safety margin’’ ...... 12.4 µg/m3 12.4 µg/m3 Allocate a portion of PM10 ‘‘Safety Margin’’ ...... ¥8.2 µg/m3 Remaining Safety Margin available to NOx ...... 4.2 µg/m3 Available ‘‘safety margin’’ ...... 51.7 TPD 7.4 TPD ** Allocated ‘‘safety margin’’ ...... 20.0 TPD 7.4 TPD 2015 Mobile Sources ...... 50.0 TPD * 46.6 TPD 2015 MS Emissions Budget ...... 70.0 TPD 54 TPD *1 µg/m3 = 12.3 TPD NOx. ** 1 µg/m3 = 0.9 TPD PM10.

Based on this analysis the revised This relationship can also be budgets. If conformity cannot be Denver PM10 maintenance plan expressed as: demonstrated, the MPO shall express establishes MVEBs as seen in Table V– 1.0 TPD PM10 = 13.6 TPD NOx the need for trading through the normal interagency consultation and review 5 below for 2015. Upon the effective In terms of trading emissions the State process described in Colorado’s Air date of this approved maintenance plan, is indicating that if the PM10 budget is Quality Regulation No. 10: Criteria for the previously approved budgets for increased by 1 TPD the NOx budget Analysis of Conformity, which includes 2015 will no longer apply. should be reduced 13.6 TPD in order to regional, state, and federal air quality have no impact on the ambient PM10 TABLE V–5.—2015 MOTOR VEHICLE and transportation agencies. concentration. Conversely, if the NOx • EMISSIONS BUDGETS If trading of NOx for PM10 or PM10 budget is increased by 13.6 TPD the for NOx is determined through primary PM10 budget will be reduced consultation to be necessary to adjust Year NOx PM10 (TPD) (TPD) by 1 TPD. The State, as requested by emission budgets for purposes of EPA, in order to account for demonstrating transportation 2015 ...... 70 54 uncertainties in modeling and to conformity, it shall be allowed using the provide additional assurance of emission trading formulas as follows: VI. EPA’s Approval of the continued maintenance of the PM10 Æ For any trades necessary to increase Transportation Budget Trading NAAQS has incorporated a 10% safety a primary PM10 budget, 15.0 TPD of Protocol factor to the PM10 and NOx trading NOx will be taken from the NOx budget ratio described above. The resulting This revised maintenance plan to increase the primary PM10 budget by ratios for use in trading of emissions are 1.0 TPD, a ratio of 15 to 1. establishes these specific MVEBs. detailed in the trading protocol Æ However, this plan is establishing a For trades necessary to increase a described below. NOx budget, 1.0 TPD of primary PM10 protocol for trading emissions, as The MPO is the entity responsible for allowed under 40 CFR 93.124(b), will be taken from the primary PM10 demonstrating transportation budget to increase the NOx budget by between the primary PM10 budget and conformity. This revised PM10 the PM10 precursor NOx. Trading will 12.0 TPD, a ratio of 1 to 12. maintenance plan authorizes the MPO • The MPO shall include the allow for different pairs of PM10 and to follow the steps below in determining NOx budgets to demonstrate conformity following information in the the conformity of the long range transportation conformity while still resulting in the same PM10 transportation plan. The trading concentrations and ensuring continued determination: protocol is as follows: Æ The budget for primary PM10 and air quality with respect to PM10. • Initially, a demonstration of NOx for each required year of the The technical analysis presented conformity shall be made using the conformity demonstration, before above has shown a relationship between approved PM10 and NOx MVEBs. trading allowed by this maintenance the concentration of PM10 and the • Prior to any emissions trading, the plan has been employed. emissions of NOx and primary PM10 as MPO shall consider implementing all Æ The portion of the primary PM10 follows: reasonably available local control budget that will be used to supplement 1 µg/m3 PM10 = 12.3 TPD NOx = 0.9 measures to reduce the PM10 or NOx the NOx budget, or, in the alternative, TPD PM10 emissions to meet the established the portion of the NOx budget that will

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be used to supplement the primary I/M program from the revised Denver timely withdrawal in the Federal PM10 budget, in tons per day, for each PM10 maintenance plan, beginning on Register informing the public that the required year of the conformity January 1, 2008, the Denver area still rule will not take effect. EPA will demonstration. meets EPA requirements to demonstrate address all public comments in a Æ The increase in the NOx budget or maintenance of the PM10 standard subsequent final rule based on the primary PM10 budget that results from through 2022. proposed rule. The EPA will not use of the applicable formula specified We note that the removal of the I/M institute a second comment period on above, along with relevant calculations. program from Denver’s revised PM10 this action. Any parties interested in Æ The resulting primary PM10 and maintenance plan does not mean the commenting must do so at this time. NOx budgets, in tons per year, for each I/M program is eliminated. The State Please note that if EPA receives adverse required year of the conformity relies on the I/M program in Denver’s comment on an amendment, paragraph, demonstration, after the trading allowed 1-hour ozone maintenance plan and or section of this rule and, if that by this maintenance plan has been Denver’s 8-hour ozone Early Action provision may be severed from the employed. Compact (EAC). Therefore, the motor remainder of the rule, EPA may adopt • To demonstrate conformity, the vehicle I/M program will remain intact as final those provisions of the rule that MPO shall then compare projected in the Denver-metro area. We have are not the subject of an adverse emissions to the adjusted PM10 and reviewed and are approving the removal comment. NOx motor vehicle emissions budgets. of Regulation No. 11 from the revised Trades in either direction would be Denver PM10 maintenance plan. X. Statutory and Executive Order made on a case-by-case basis, decided Reviews for each plan/TIP conformity VIII. Consideration of Section 110(l) of Under Executive Order 12866 (58 FR determination. the Clean Air Act 51735, October 4, 1993), this action is Pursuant to section 40 CFR Section 110(l) of the CAA states that not a ‘‘significant regulatory action’’ 93.118(e)(4) of EPA’s transportation a SIP revision cannot be approved if the and, therefore, is not subject to review conformity rule, as amended, EPA must revision would interfere with any by the Office of Management and determine the adequacy of submitted applicable requirement concerning Budget. For this reason, this action is MVEBs. EPA reviewed the Denver PM10 attainment and reasonable further also not subject to Executive Order 2022 budget for adequacy using the progress towards attainment of a 13211, ‘‘Actions Concerning Regulations criteria in 40 CFR 93.118(e)(4), and NAAQS or any other applicable That Significantly Affect Energy Supply, determined that the 2022 budget was requirement of the CAA. As stated Distribution, or Use’’ (66 FR 28355, May adequate for conformity purposes. above, the revised PM10 maintenance 22, 2001). This action merely approves EPA’s adequacy determination was plan shows continuous attainment of state law as meeting Federal made in a letter to the State on May 3, the PM10 NAAQS since 2001 for requirements and imposes no additional 2007, and was announced in the Denver. The revised maintenance plan requirements beyond those imposed by Federal Register on June 13, 2007 (72 along with the removal of Regulation state law. Accordingly, the FR 32646). As a result of this adequacy No. 11 will not interfere with Administrator certifies that this rule finding, the 2022 MVEB took effect for attainment, reasonable further progress, will not have a significant economic conformity determinations in the or any other applicable requirement of impact on a substantial number of small Denver area on June 28, 2007. However, the CAA. entities under the Regulatory Flexibility we are not bound by that adequacy Act (5 U.S.C. 601 et seq.). Because this IX. Final Action determination in acting on the rule approves pre-existing requirements maintenance plan. The 2022 and revised In this action, EPA is approving the under state law and does not impose 2015 MVEBs are considered approved revised Denver PM10 maintenance plan, any additional enforceable duty beyond upon the effective date of this that was submitted on September 25, that required by state law, it does not maintenance plan approval. 2006; the revised transportation contain any unfunded mandate or conformity MVEBs for PM10 and PM10 significantly or uniquely affect small VII. EPA’s Evaluation of the Regulation precursor NOx for the years 2015 and governments, as described in the No. 11 Revisions 2022 for Denver; and the PM10 and Unfunded Mandates Reform Act of 1995 Colorado’s Regulation No. 11 is PM10 precursor NOx, MVEB trading (Pub. L. 104–4). entitled, ‘‘Motor Vehicle Emissions protocol and trading ratios. This rule also does not have tribal Inspection Program.’’ In developing the Furthermore, we are approving the implications, because it will not have a revised Denver PM10 maintenance plan, removal of Regulation No. 11 (I/M) from substantial direct effect on one (1) or the State conducted a comprehensive the revised Denver PM10 maintenance more Indian tribes, on the relationship reevaluation of mobile source control plan. between the Federal Government and programs with MOBILE6.2 and the EPA is publishing this rule without Indian tribes, or on the distribution of latest transportation sets from DRCOG’s prior proposal because the Agency power and responsibilities between the 2030 Regional Transportation Plan. views this as a noncontroversial Federal Government and Indian tribes, Based on these results, Colorado’s amendment and anticipates no adverse as specified by Executive Order 13175 Regulation No. 11 can be removed from comments. However, in the ‘‘Proposed (65 FR 67249, November 9, 2000). This the revised Denver PM10 maintenance Rules’’ section of today’s Federal action also does not have Federalism plan effective December 31, 2007. This Register publication, EPA is publishing implications, because it does not have revised maintenance plan reflects the a separate document that will serve as substantial direct effect on the States, on removal of Regulation No. 11 in that the the proposal to approve the SIP revision the relationship between the national mobile source PM10 emissions were if adverse comments are filed. This rule government and the States, or on the calculated without the PM10 emissions will be effective January 7, 2008 without distribution of power and reduction benefit of an inspection and further notice unless the Agency responsibilities among the various maintenance (I/M) program starting receives adverse comments by levels of government, as specified in January 1, 2008, and continuing through December 6, 2007. If the EPA receives Executive Order 13132 (64 FR 43255, 2022. Even with the elimination of the adverse comments, EPA will publish a August 10, 1999). This action merely

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approves a state rule implementing a enforce its requirements. (See section plans for Beauregard and Grant Federal standard, and does not alter the 307(b)(2).) Parishes, and on October 10, 2006, relationship or the distribution of power Louisiana submitted an 8-hour ozone List of Subjects in 40 CFR Part 52 and responsibilities established in the maintenance plan for St. Mary Parish. Clean Air Act. This rule also is not Environmental protection, Air These plans ensure the continued subject to Executive Order 13045 pollution control, PM10, particulate attainment of the 8-hour ozone National ‘‘Protection of Children from matter, Intergovernmental relations, Ambient Air Quality Standard (NAAQS) Environmental Health Risks and Safety Reporting and recordkeeping through the year 2014. These Risks’’ (62 FR 19885, April 23, 1997), requirements. maintenance plans meet the statutory because it is not economically Dated: October 22, 2007. and regulatory requirements, and are significant. Robert E. Roberts, consistent with EPA’s guidance. EPA is In reviewing SIP submissions, EPA’s Regional Administrator, Region VIII. approving the revisions pursuant to section 110 of the Federal Clean Air Act role is to approve state choices, I provided that they meet the criteria of 40 CFR part 52 is amended to read as (CAA). follows: the Clean Air Act. In this context, in the DATES: This rule is effective on January absence of a prior existing requirement PART 52—[AMENDED] 7, 2008 without further notice, unless for the state to use voluntary consensus EPA receives relevant adverse comment standards (VCS), EPA has no authority I 1. The authority citation for part 52 by December 6, 2007. If EPA receives to disapprove a SIP submission for continues to read as follows: such comment, EPA will publish a failure to use VCS. It would thus be Authority: 42 U.S.C. 7401 et seq. timely withdrawal in the Federal inconsistent with applicable law for Register informing the public that this EPA, when it reviews a SIP submission, Subpart G—Colorado rule will not take effect. to use VCS in place of a SIP submission I ADDRESSES: Submit your comments, that otherwise satisfies the provisions of 2. Section 52.332 is amended by adding paragraph (p) to read as follows: identified by Docket No. EPA–R06– the Clean Air Act. Thus, the OAR–2006–0271, by one of the requirements of section 12(d) of the § 52.332 Control strategy: Particulate following methods: National Technology Transfer and matter. • Federal eRulemaking Portal: http:// Advancement Act of 1995 (15 U.S.C. * * * * * www.regulations.gov. Follow the on-line 272 note) do not apply. This rule does (p) Revisions to the Colorado State instructions for submitting comments. not impose an information collection Implementation Plan, PM10 Revised • EPA Region 6 ‘‘Contact Us’’ Web burden under the provisions of the Maintenance Plan for Denver, as site: http://epa.gov/region6/ Paperwork Reduction Act of 1995 (44 adopted by the Colorado Air Quality r6coment.htm. Please click on ‘‘6PD’’ U.S.C. 3501 et seq.). Control Commission on December 15, (Multimedia) and select ‘‘Air’’ before The Congressional Review Act, 5 2005, State effective on March 2, 2006, submitting comments. U.S.C. section 801 et seq., as added by and submitted by the Governor’s • E-mail: Mr. Guy Donaldson at the Small Business Regulatory designee on September 25, 2006. The [email protected]. Please also Enforcement Fairness Act of 1996, revised maintenance plan satisfies all send a copy by email to the person generally provides that before a rule applicable requirements of the Clean Air listed in the FOR FURTHER INFORMATION may take effect, the agency Act. CONTACT section below. promulgating the rule must submit a • Fax: Mr. Guy Donaldson, Chief, Air [FR Doc. E7–21611 Filed 11–5–07; 8:45 am] rule report, which includes a copy of Planning Section (6PD–L), at fax the rule, to each House of the Congress BILLING CODE 6560–50–P number 214–665–7263. and to the Comptroller General of the • Mail: Mr. Guy Donaldson, Chief, United States. EPA will submit a report ENVIRONMENTAL PROTECTION Air Planning Section (6PD–L), containing this rule and other required AGENCY Environmental Protection Agency, 1445 information to the U.S. Senate, the U.S. Ross Avenue, Suite 1200, Dallas, Texas House of Representatives, and the 40 CFR Part 52 75202–2733. Comptroller General of the United • Hand or Courier Delivery: Mr. Guy States prior to publication of the rule in [EPA–R06–OAR–2006–0271; FRL–8491–4] Donaldson, Chief, Air Planning Section the Federal Register. A major rule (6PD–L), Environmental Protection Approval and Promulgation of Air cannot take effect until 60 days after it Agency, 1445 Ross Avenue, Suite 1200, Quality Implementation Plans; is published in the Federal Register. Dallas, Texas 75202–2733. Such Louisiana; Approval of 8-Hour Ozone This action is not a ‘‘major rule’’ as deliveries are accepted only between the Section 110(a)(1) Maintenance Plans defined by 5 U.S.C. section 804(2). hours of 8 a.m. and 4 p.m. weekdays for the Parishes of Beauregard, Grant, Under section 307(b)(1) of the Clean except for legal holidays. Special and St. Mary Air Act, petitions for judicial review of arrangements should be made for this action must be filed in the United AGENCY: Environmental Protection deliveries of boxed information. States Court of Appeals for the Agency (EPA). Instructions: Direct your comments to appropriate circuit by January 7, 2008. ACTION: Direct final rule. Docket ID No. EPA–R06–OAR–2006– Filing a petition for reconsideration by 0271. EPA’s policy is that all comments the Administrator of this final rule does SUMMARY: EPA is approving revisions to received will be included in the public not affect the finality of this rule for the the Louisiana State Implementation docket without change and may be purposes of judicial review nor does it Plan (SIP) concerning the 8-hour ozone made available online at extend the time within which a petition maintenance plans for the parishes of www.regulations.gov, including any for judicial review may be filed, and Beauregard, Grant, and St. Mary. On personal information provided, unless shall not postpone the effectiveness of August 23, 2006, the State of Louisiana the comment includes information such rule or action. This action may not submitted separate SIP revisions claimed to be Confidential Business be challenged later in proceedings to containing 8-hour ozone maintenance Information (CBI) or other information

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whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Louisiana’s requests to redesignate Do not submit information that you Ellen Belk, Air Planning Section (6PD– Beauregard, Grant, and St. Mary consider to be CBI or otherwise L), Environmental Protection Agency, Parishes to attainment for the 1-hour protected through www.regulations.gov Region 6, 1445 Ross Avenue, Suite 700, ozone standard and approved the or e-mail. The www.regulations.gov Web Dallas, Texas 75202–2733, telephone Parishes’ maintenance plans, on August site is an ‘‘anonymous access’’ system, (214) 665–2164; fax number 214–665– 18, 1995 (60 FR 43020), with an which means EPA will not know your 7263; e-mail address effective date of October 17, 1995. identity or contact information unless [email protected]. On April 30, 2004, EPA designated you provide it in the body of your SUPPLEMENTARY INFORMATION: and classified areas for the new 8-hour comment. If you send an e-mail Throughout this document, whenever ozone NAAQS (69 FR 23858), and comment directly to EPA without going ‘‘we’’ ‘‘us’’ or ‘‘our’’ is used, we mean published the final phase 1 rule for through www.regulations.gov your e- the EPA. implementation of the 8-hour ozone mail address will be automatically NAAQS (69 FR 23951). Beauregard, captured and included as part of the Outline Grant, and St. Mary Parishes were comment that is placed in the public I. Background designated as unclassifiable/attainment docket and made available on the II. Analysis of the State’s Submittals for the 8-hour ozone standard, effective Internet. If you submit an electronic III. The State of Louisiana’s Request To Relax June 15, 2004. The three attainment comment, EPA recommends that you the Federal Reid Vapor Pressure areas consequently are required to include your name and other contact Standard in Grant Parish submit a 10-year maintenance plan information in the body of your IV. Final Action under section 110(a)(1) of the CAA and comment and with any disk or CD–ROM V. Statutory and Executive Order Reviews the Phase I rule. On May 20, 2005, EPA you submit. If EPA cannot read your I. Background issued guidance providing information comment due to technical difficulties regarding how a state might fulfill the Under section 107 of the 1977 CAA, and cannot contact you for clarification, maintenance plan obligation established Louisiana’s Beauregard, Grant, and St. EPA may not be able to consider your by the Act and the Phase I rule Mary Parishes were designated as comment. Electronic files should avoid (Memorandum from Lydia N. Wegman nonattainment areas because they did the use of special characters, any form to Air Division Directors, Maintenance not meet the National Ambient Air of encryption, and be free of any defects Plan Guidance Document for Certain 8- or viruses. Quality Standards (NAAQS) for 1-hour hour Ozone Areas Under Section Docket: All documents in the docket ozone (40 CFR 81.319). As required by 110(a)(1) of Clean Air Act, May 20, are listed in the www.regulations.gov section 110 of the CAA, the state of 2005). This SIP revision satisfies the index. Although listed in the index, Louisiana submitted a SIP to EPA on section 110(a)(1) CAA requirements for some information is not publicly December 10, 1979. This SIP was a plan that provides for implementation, available, e.g., CBI or other information approved by EPA on October 29, 1981 maintenance, and enforcement of the 8- whose disclosure is restricted by statute. (46 FR 53412). Under the 1990 CAA hour ozone NAAQS in the Beauregard, Certain other material, such as Amendments, the Beauregard, Grant, Grant, and St. Mary Parish 8-hour ozone copyrighted material, will be publicly and St. Mary Parish nonattainment areas unclassifiable/attainment areas. available only in hard copy. Publicly continued to be designated On December 22, 2006, the United available docket materials are available nonattainment for the 1-hour ozone States Court of Appeals for the District either electronically in NAAQS by operation of law since of Columbia Circuit issued an opinion www.regulations.gov or in hard copy at Louisiana had not yet collected the that vacated EPA’s Phase 1 the Air Planning Section (6PD–L), required three years of data necessary to Implementation Rule for the 8-hour Environmental Protection Agency, 1445 petition for redesignation to attainment. Ozone Standard. (South Coast Air Ross Avenue, Suite 700, Dallas, Texas On December 12, 1994, Louisiana Quality Management District. v. EPA, 75202–2733. The file will be made submitted a request to redesignate 472 F.3d 882 (D.C. Cir. 2006). Petitions available by appointment for public Beauregard, Grant, and St. Mary for rehearing were filed with the Court, inspection in the Region 6 FOIA Review Parishes to attainment for the 1-hour and on June 8, 2007, the Court modified Room between the hours of 8:30 a.m. ozone standard. At the same time, the the scope of the vacatur of the Phase I and 4:30 p.m. weekdays except for legal State submitted the required ozone rule. The Court vacated those portions holidays. Contact the person listed in monitoring data and maintenance plan of the Rule that provide for regulation the FOR FURTHER INFORMATION CONTACT for each parish (each area includes only of 8-hour ozone nonattainment areas paragraph below or Mr. Bill Deese at the one Parish) to ensure the areas under Subpart 1 in lieu of Subpart 2 and 214–665–7253 to make an appointment. would remain in attainment for 1-hour that allow backsliding with respect to If possible, please make the ozone for a period of 10 years. The new source review, penalties, appointment at least two working days maintenance plans submitted by milestones, contingency plans, and in advance of your visit. There will be Louisiana followed EPA guidance for motor vehicle emission budgets. a 15 cent per page fee for making limited maintenance areas, which Consequently, the Court’s modified photocopies of documents. On the day provides for 1-hour ozone areas that ruling does not alter any requirements of the visit, please check in at the EPA have design values less than 85% of the under the Phase 1 8-hour ozone Region 6 reception area at 1445 Ross applicable standard. In this case, the implementation rule for maintenance Avenue, Suite 700, Dallas, Texas. applicable standard was the 1-hour plans. The State submittal is also available ozone standard of 0.12 parts per million for public inspection at the State Air (ppm). At the time of the redesignation II. Analysis of the State’s Submittals Agency listed below during official request, the design values for On August 23, 2006, the State of business hours by appointment: Beauregard, Grant, and St. Mary Louisiana submitted separate SIP Louisiana Department of Parishes were 0.106, 0.071, and 0.092 revisions containing 8-hour ozone Environmental Quality, Public Records ppm, respectively. Since each of these maintenance plans for Beauregard and Center, Room 127, 602 N. Fifth Street, values was at or below the 85% Grant Parishes, and on October 10, Baton Rouge, Louisiana 70821. threshold of 0.106 ppm, EPA approved 2006, Louisiana submitted an 8-hour

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ozone maintenance plan for St. Mary maintenance of the 8-hour ozone Regional Air Planning Association Parish. (The August 23, 2006 submittal NAAQS for Beauregard, Grant, and St. (CENRAP) using the methodology in for Grant Parish superseded a previous Mary Parishes. The year 2002 is an ‘‘Consolidation of Emissions one dated March 2006, and included appropriate year for the LDEQ to base Inventories’’, section C, page 26. On- substantive changes to the contingency attainment level emissions because road mobile emissions of VOC and NOX plan section. The August 23, 2006 States may select any one of the three were estimated using EPA’s MOBILE6.2 submittal for Grant Parish was preceded years on which the 8-hour attainment motor vehicle emissions factor by a proposal in June 2006, and a public designation was based (2001, 2002, and computer model. Non-road mobile hearing July 25, 2006.) These August 2003). The State’s submittals contain the emissions data were derived from the and October revisions provide 8-hour detailed inventory data and summaries ‘‘Emission Inventory Development For ozone maintenance plans for the three by source category. The 2002 base year Mobile Sources and Agricultural Dust parishes named above, as required by inventory is a good choice. Using the Sources for the Central States’’ section 110(a)(1) of the CAA and the 2002 inventory as a base year reflects produced by Sonoma Technology, Inc. provisions of EPA’s Phase 1 one of the years used for calculating the for CENRAP in October 2004 using Implementation Rule (see 40 CFR air quality design values on which the EPA’s NONROAD 2004 non-road mobile 51.905(a)(4)). The purpose of these 8-hour ozone designation decisions emissions computer model. EPA finds plans is to ensure continued attainment were based. It also is one of the years that the LDEQ prepared the 2002 base and maintenance of the NAAQS for 8- in the 2002–2004 period used to year emissions inventories for the three hour ozone in Beauregard, Grant, and establish baseline visibility levels for Parishes consistent with EPA’s long- St. Mary Parishes. the regional haze program. established guidance memoranda. In this action, EPA is approving the A practical reason for selecting 2002 In projecting data for the attainment State’s 8-hour ozone maintenance plans as the base year emission inventory is year 2014 inventory, LDEQ used several for the areas of Beauregard, Grant, and that Section 110(a)(2)(B) of the CAA and methods to project data from the base St. Mary Parishes because EPA finds the Consolidated Emissions Reporting year 2002 to the years 2008, 2011, and that the LDEQ submittal meets the Rule (67 FR 39602, June 10, 2002) 2014. These projected inventories were requirements of section 110(a)(1) of the require States to submit emissions developed using EPA-approved CAA, EPA’s rule, and is consistent with inventories for all criteria pollutants and technologies and methodologies. Point EPA’s guidance. As required, these their precursors every three years, on a source and non-point source projections plans provide for continued attainment schedule that includes the emissions were derived from the Emissions and maintenance of the 8-hour ozone year 2002. The due date for the 2002 Growth Analysis System version 4.0 NAAQS in the area for 10 years from the emissions inventory is established in (EGAS 4.0). Non-road mobile effective date of the area’s designation the rule as June 2004. In accordance projections were derived from EGAS as unclassifiable/attainment for the 8- with these requirements, the State of 4.0, as well as from the National Mobile hour ozone NAAQS, and include Louisiana compiles a statewide EI for Inventory Model. components illustrating how each point sources on an annual basis. For The following tables provide VOC and Parish will continue in attainment of the stationary point sources, for Beauregard, NOX emissions data for the 2002 base 8-hour ozone NAAQS and contingency Grant, and St. Mary Parishes, the LDEQ attainment year inventory, as well as measures. Each of the section 110(a) (1) provided estimates for each commercial projected VOC and NOX emission plan components is discussed below. or industrial operation that emits 100 inventory data for the years 2008, 2011, (a) Attainment Inventory. The LDEQ tons or more per year of VOC or NOX and 2014. Please see the Technical developed comprehensive inventories of in Appendix A of each maintenance Support Document (TSD) for additional VOC and NOX emissions from area, plan. Stationary non-point source data emissions inventory data including stationary, and mobile sources using was provided by E.H. Pechan & projections by source category for each 2002 as the base year to demonstrate Associates, Inc., through the Central parish.

BEAUREGARD PARISH VOC AND NOX EMISSIONS INVENTORY BASELINE (2002) AND PROJECTIONS (2008, 2011, AND 2014)

2002 tons 2008 tons 2011 tons 2014 tons Emissions per day per day per day per day

Total VOC ...... 13.91 13.96 13.96 14.02 Total NOX ...... 20.88 20.79 20.78 20.84

As shown in the table above, total remain nearly the same over the 10-year VOC and total NOX emissions for period of the maintenance plan. Beauregard Parish are projected to

GRANT PARISH VOC AND NOX EMISSIONS INVENTORY BASELINE (2002) AND PROJECTIONS (2008, 2011, AND 2014)

2002 tons 2008 tons 2011 tons 2014 tons Emissions per day per day per day per day

Total VOC ...... 8.99 8.23 7.57 7.09 Total NOX ...... 5.73 5.13 4.82 4.58

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As shown in the table above, total somewhat over the 10-year period of the VOC and total NOX emissions for Grant maintenance plan. Parish are projected to decrease

ST. MARY PARISH VOC AND NOX EMISSIONS INVENTORY BASELINE (2002) AND PROJECTIONS (2008, 2011, AND 2014)

2002 tons 2008 tons 2011 tons 2014 tons Emissions per day per day per day per day

Total VOC ...... 18.74 16.29 15.50 15.01 Total NOX ...... 37.10 37.79 38.43 39.15

Emission projections for future years in section (a) Attainment Inventory (c) Ambient Air Quality Monitoring. in St. Mary Parish indicate a downward above, Louisiana has identified the level In May 2003, after a technical and trend in VOC emissions through 2014. of ozone-forming emissions in statistical analysis, the Regional Office NOX emission projections through 2014 Beauregard, Grant, and St. Mary agreed with the State of Louisiana that reflect an increase of 2.05 tons per day Parishes that were consistent with the Ragley monitoring site in by the year 2014, or approximately 5%, attainment of the NAAQS for ozone in Beauregard Parish and the Bentley from 37.10 to 39.15 tpd. This small 2002. Louisiana has projected VOC and monitoring site in Grant Parish could be projected increase which occurs over a NOX emissions for the years 2008, 2011, discontinued upon submittal of a 12-year period is a result of calculations and 2014 in Beauregard, Grant, and St. revised maintenance plan, which turned for the point and non-point source Mary Parishes and EPA finds that the out to be November 28, 2005 for Grant emissions categories. Emissions from future emissions levels in those years Parish and May 19, 2006 for Beauregard non-road mobile and on-road mobile are expected to be similar or below the Parish. The Bentley site in Grant Parish, sources are projected to decrease. In emissions levels in 2002. Please see the however, was destroyed by fire on contrast, VOC emissions are projected to TSD for more information on EPA’s August 13, 2005, before the end of the decrease by 3.73 tons per day, or review and evaluation of the State’s 2005 ozone season. Since there was not approximately 20%, from 18.74 to 15.01 2008, 2011, and 2014 projected adequate time to establish a new tpd. The projected 20% reduction in emissions inventories. monitor for the remainder of the 2005 VOC emissions is expected to Louisiana relies on several air quality ozone season, EPA calculated its 2005 sufficiently offset the projected 5% measures that will provide for design value with the available increase in NOX emissions, enabling the additional 8-hour ozone emissions information as 73 ppb. (The ozone area to continue to maintain the 8-hour reductions in Beauregard, Grant, and St. season in the State of Louisiana is from ozone standard. Mary Parishes. These measures include January to December for the Parishes Please see the TSD for more the following, among others: (1) discussed in this notice.) In the same information on EPA’s analysis and Implementation of EPA’s National Rule May 2003 letter, after the completion of review of the State’s methodologies, for VOC Emission Standards for the technical and statistical analysis, the modeling data and performance, etc. for Automobile Refinish Coatings, Regional Office agreed with the State developing the base and attainment year Consumer Products, and Architectural that the Morgan City monitoring site in inventories. As shown in the tables Coatings, (2) enacting of specific St. Mary Parish could be discontinued above, the State has demonstrated that requirements from EPA’s Tier 2 Motor at the end of the 2003 ozone season. the future year 8-hour ozone emissions Vehicle Emission Standards, EPA’s Nevertheless, the State of Louisiana has will be less than the 2002 base Heavy-Duty Engine and Vehicle committed in its maintenance plans for attainment year’s emissions. The Standards, as well as EPA’s gasoline and Beauregard, Grant, and St. Mary attainment inventories submitted by the highway diesel fuel sulfur control Parishes to provide operation of an LDEQ for these areas are consistent with requirements, (3) EPA’s required control appropriate ozone monitoring network the criteria as discussed in the EPA of emissions from non-road diesel and to work with EPA in compliance Maintenance Plan Guidance memo engines and fuels, and (4) with 40 CFR part 58 with regard to the dated May 20, 2005. EPA finds that the implementation of the Federal Clean Air continued adequacy of such a network, future emissions levels in 2008, 2011 Interstate Rule (CAIR) (70 FR 25162). if EPA determines monitoring is needed. and 2014 are expected to be similar to The purpose of these control measures The Ragley monitoring site in or less than the emissions levels in is to reduce levels of 8-hour ozone, Beauregard Parish has monitored 2002. including the areas of Beauregard, attainment with the 8-hour ozone (b) Maintenance Demonstration. The Grant, and St. Mary Parishes. standard since 1998 through 2005. The primary purpose of a maintenance plan As an additional demonstration of 8-hour ozone NAAQS is 0.08 parts per is to demonstrate how an area will maintenance, Louisiana references the million based on the three-year average continue to remain in compliance with EPA modeling conducted for CAIR in of the fourth-highest daily maximum 8- the 8-hour ozone standard for the 10 the maintenance plan submittals. hour average ozone concentration year period following the effective date Louisiana is a state that must implement measured at each monitor within an of designation as unclassifiable/ CAIR, and the EPA CAIR modeling area. The standard is considered to be attainment. The end projection year is indicates that all Louisiana parishes will attained at 84 parts per billion (ppb). 10 years from the effective date of the be in attainment with the 8-hour ozone The three most recent 8-hour ozone attainment designation, which for standard by 2010, with continued design values for the Ragley site in Beauregard, Grant, and St. Mary attainment projected through 2015. This Beauregard Parish are 73 ppb for 2003, Parishes was June 15, 2004. Therefore, analysis is consistent with the 73 ppb for 2004, and 75 ppb for 2005. these plans must demonstrate projections discussed above in (a) The Bentley monitoring site in Grant attainment through 2014. As discussed Attainment Inventory. Parish has monitored attainment with

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the 8-hour ozone standard since 1998 inventory for all emissions source Grant, and St. Mary Parishes, which through 2004. The most recent 8-hour categories, and compare the updated were submitted by LDEQ on August 23, ozone design values for the Bentley site emissions inventory data to the 2006, August 23, 2006, and October 10, in Grant Parish are 78 ppb for 2002, 74 projected 2008, 2011 and 2014 2006, respectively, which ensure ppb for 2003, 73 ppb for 2004, and 73 attainment emissions inventories to continued attainment of the 8-hour ppb for 2005. The design value for 2005 verify continued attainment of the 8- ozone NAAQS through the year 2014. is calculated to be 73 ppb, based upon hour ozone standard. We have evaluated the State’s the 8 months and 12 days of available submittals and have determined that data. III. The State of Louisiana’s Request To they meet the applicable requirements In St. Mary Parish, the Morgan City Relax the Federal Reid Vapor Pressure of the Clean Air Act and EPA monitoring site has monitored Standard in Grant Parish regulations, and are consistent with EPA attainment with the 8-hour ozone The State of Louisiana has submitted policy. standard since 2001 through 2005. The a request to EPA to relax the federal EPA is publishing this rule without State did not discontinue the monitor Reid Vapor Pressure (RVP) standard prior proposal because we view this as after the end of the 2003 ozone season from 7.8 psi to 9.0 psi in Grant Parish a non-controversial amendment and as allowed but continued to operate it during the ozone control season (June 1 anticipate no adverse comments. through the 2005 ozone season. The to September 15). The Grant Parish However, in the proposed rules section three most recent 8-hour ozone design section 110(a) (1) maintenance plan of this Federal Register publication, we values for St. Mary Parish are 74 ppb for provides a modeled analysis of are publishing a separate document that 2003, 73 ppb for 2004, and 76 ppb for emissions from on-road mobile sources, will serve as the proposal to approve the 2005. including a comparison of VOC SIP revision if relevant adverse (d) Contingency Plan. The section emissions using both the 7.8 and 9.0 psi comments are received. This rule will 110(a) (1) maintenance plans include RVP gasoline, for the three projection be effective on January 7, 2008 without contingency provisions to correct years: 2008, 2011, and 2014. The further notice unless we receive adverse promptly any violation of the NAAQS following Table provides the data comment by December 6, 2007. If we that occurs. The contingency indicator resulting from the State’s analysis receive adverse comments, we will for the Beauregard, Grant, and St. Mary comparing projected VOC emissions in publish a timely withdrawal in the Parish maintenance plans is based on Grant Parish for an RVP of 7.8 psi and Federal Register informing the public updates to the emission inventories. The 9.0 psi. that the rule will not take effect. We will triggering mechanism for activation of address all public comments in a contingency measures is a ten percent or GRANT PARISH: RVP COMPARISON subsequent final rule based on the greater increase in emissions of either EFFECT ON VOC EMISSIONS proposed rule. We will not institute a VOC or NOX based on the 2002 second comment period on this action. emissions inventory. In these 7.8 psi 9.0 psi Any parties interested in commenting maintenance plans, if contingency Year RVP RVP must do so now. Please note that if we measures are triggered, LDEQ is VOC VOC receive adverse comment on an committing to implement the measures (tpd) (tpd) amendment, paragraph, or section of as expeditiously as practicable, but no 2002 ...... 1.27 N/A this rule and if that provision may be longer than 24 months following the 2008 ...... 0.80 0.90 severed from the remainder of the rule, trigger. 2011 ...... 0.63 0.70 we may adopt as final those provisions The following contingency measures 2014 ...... 0.52 0.57 of the rule that are not the subject of an are identified for implementation: (1) adverse comment. Lowering VOC RACT applicability The Table above shows that Grant thresholds for Stage 1 gasoline controls, Parish is projected to continue to attain V. Statutory and Executive Order Reviews (2) NOX controls on major sources (100 the 8-hour ozone standard with either a tpy and greater), (3) Emission offsets for 7.8 or 9.0 psi RVP gasoline. The overall Under Executive Order 12866 (58 FR permits (1.10 ratio for VOC and NOX), effect on VOC emissions from the 51735, October 4, 1993), this action is and (4) Other measures deemed difference between 7.8 and 9.0 psi RVP not a ‘‘significant regulatory action’’ and appropriate at the time as a result of gasoline is 0.1 tpd or less for each of the therefore is not subject to review by the advances in control technologies. These three projection years. Further, each of Office of Management and Budget. For contingency measures and schedules for the projected VOC emission inventories this reason, this action is also not implementation satisfy EPA’s long- using 9.0 psi RVP gasoline is less than subject to Executive Order 13211, standing guidance on the requirements the baseline VOC emission inventory for ‘‘Actions Concerning Regulations That of section 110(a) (1) of Continued the 2002 attainment year. Based upon Significantly Affect Energy Supply, Attainment. Continued attainment of this data, the Grant Parish 8-hour Distribution, or Use’’ (66 FR 28355, May the 8-hour ozone NAAQS in the areas of maintenance plan demonstrates that the 22, 2001). This action merely approves Beauregard, Grant, and St. Mary use of either 7.8 or 9.0 psi RVP gasoline state law as meeting Federal Parishes will depend, in part, on the air in the parish will allow the area to requirements and imposes no additional quality measures discussed previously continue to meet the 8-hour ozone requirements beyond those imposed by (see II. b) above). In addition, Louisiana NAAQS. state law. Accordingly, the commits to verify the 8-hour ozone EPA has promulgated regulations Administrator certifies that this rule status in each maintenance plan through establishing the volatility standards. In will not have a significant economic annual and periodic evaluations of the a separate rulemaking, EPA will address impact on a substantial number of small emissions inventories. In the annual the State’s request. entities under the Regulatory Flexibility evaluations, Louisiana will review VOC Act (5 U.S.C. 601 et seq.). Because this IV. Final Action and NOX emission data from stationary rule approves pre-existing requirements point sources. During the periodic Pursuant to section 110 of the Act, under State law and does not impose evaluations (every three years), EPA is approving the 8-hour ozone any additional enforceable duty beyond Louisiana will update the emissions maintenance plans for Beauregard, that required by State law, it does not

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contain any unfunded mandate or to disapprove a SIP submission for purposes of judicial review nor does it significantly or uniquely affect small failure to use VCS. It would thus be extend the time within which a petition governments, as described in the inconsistent with applicable law for for judicial review may be filed, and Unfunded Mandates Reform Act of 1995 EPA, when it reviews a SIP submission, shall not postpone the effectiveness of (Pub. L. 104–4). to use VCS in place of a SIP submission such rule or action. This action may not This rule also does not have tribal that otherwise satisfies the provisions of be challenged later in proceedings to implications because it will not have a the CAA. Thus, the requirements of enforce its requirements. (See section substantial direct effect on one or more section 12(d) of the National 307(b)(2).) Indian tribes, on the relationship Technology Transfer and Advancement between the Federal Government and Act of 1995 (15 U.S.C. 272 note) do not List of Subjects in 40 CFR Part 52 Indian tribes, or on the distribution of apply. This rule does not impose an Environmental protection, Air power and responsibilities between the information collection burden under the pollution control, Intergovernmental Federal Government and Indian tribes, provisions of the Paperwork Reduction relations, Ozone, Nitrogen dioxide, as specified by Executive Order 13175 Act of 1995 (44 U.S.C. 3501 et seq.). Reporting and recordkeeping (65 FR 67249, November 9, 2000). This The Congressional Review Act, 5 requirements, Volatile organic action also does not have Federalism U.S.C. 801 et seq., as added by the Small compounds. implications because it does not have Business Regulatory Enforcement substantial direct effects on the States, Fairness Act of 1996, generally provides Dated: October 26, 2007. on the relationship between the national that before a rule may take effect, the Lawrence E. Starfield, government and the States, or on the agency promulgating the rule must Acting Regional Administrator, Region 6. distribution of power and submit a rule report, which includes a I responsibilities among the various copy of the rule, to each House of the 40 CFR part 52 is amended as follows: levels of government, as specified in Congress and to the Comptroller General PART 52—[AMENDED] Executive Order 13132 (64 FR 43255, of the United States. EPA will submit a August 10, 1999). This action merely report containing this rule and other I 1. The authority citation for part 52 approves a state rule implementing a required information to the U.S. Senate, continues to read as follows: Federal standard, and does not alter the the U.S. House of Representatives, and relationship or the distribution of power the Comptroller General of the United Authority: 42 U.S.C. 7401 et seq. and responsibilities established in the States prior to publication of the rule in CAA. This rule also is not subject to the Federal Register. A major rule Subpart T—Louisiana Executive Order 13045 ‘‘Protection of cannot take effect until 60 days after it Children from Environmental Health is published in the Federal Register. I 2. In § 52.970, the table in paragraph Risks and Safety Risks’’ (62 FR 19885, This action is not a ‘‘major rule’’ as (e) entitled, ‘‘EPA APPROVED April 23, 1997), because it is not defined by 5 U.S.C. 804(2). LOUISIANA NONREGULATORY economically significant. Under section 307(b)(1) of the CAA, PROVISIONS AND QUASI- In reviewing SIP submissions, EPA’s petitions for judicial review of this REGULATORY MEASURES’’, is role is to approve state choices, action must be filed in the United States amended by adding three new entries to provided that they meet the criteria of Court of Appeals for the appropriate the end of the table as follows: the Clean Air Act. In this context, in the circuit by January 7, 2008. Filing a § 52.970 Identification of plan. absence of a prior existing requirement petition for reconsideration by the for the State to use voluntary consensus Administrator of this final rule does not * * * * * standards (VCS), EPA has no authority affect the finality of this rule for the (e) * * *

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

State submittal Name of SIP provision Applicable geographic or non- date/effective EPA approval date Explanation attainment area date

******* 8-Hour Ozone Section 110 Mainte- Beauregard Parish, LA ...... 8/23/06 11/06/07 [Insert FR page number nance Plan. where document begins]. 8-Hour Ozone Section 110 Mainte- Grant Parish, LA ...... 8/23/06 11/06/07 [Insert FR page number nance Plan. where document begins]. 8-Hour Ozone Section 110 Mainte- St. Mary Parish, LA ...... 9/27/06 11/06/07 [Insert FR page number nance Plan. where document begins].

I 3. Section 52.975, entitled, maintenance plans for the areas of 30, 2006, respectively. The maintenance ‘‘Redesignations and maintenance Beauregard, Grant, and St. Mary plans meet the requirements of section plans; ozone’’, is amended by adding a Parishes on August 23, 2006, August 23, 110(a)(1) of the Clean Air Act, and are new paragraph (h) as follows: 2006, and October 10, 2006, consistent with EPA’s maintenance plan respectively. The three areas are guidance document dated May 20, 2005. § 52.975 Redesignations and maintenance designated unclassifiable/attainment for plans; ozone. The EPA therefore approved the 8-hour the 8-hour ozone standard. EPA ozone maintenance plans for the areas * * * * * determined these requests for (h) Approval. The Louisiana Beauregard, Grant, and St. Mary Department of Environmental Quality Parishes were complete on October 9, (LDEQ) submitted 8-hour ozone 2006, October 9, 2006, and November

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of Beauregard, Grant, and St. Mary period on September 28, 2007. The wage index for Boston-Quincy, MA parishes on November 6, 2007. correction notice appeared in the (CBSA 14484). * * * * * October 10, 2007 Federal Register In Tables 2, 4A, and 4C of the FY [FR Doc. E7–21687 Filed 11–5–07; 8:45 am] hereinafter referred to as the second FY 2008 IPPS final rule with comment 2008 IPPS correction notice. period and the second FY 2008 IPPS BILLING CODE 6560–50–P The provisions in this correction correction notice, there was also an notice are effective as if they had been inadvertent error in the wage index included in the FY 2008 IPPS final rule calculation for two core-based statistical DEPARTMENT OF HEALTH AND with comment period. Accordingly, the areas (CBSAs). In calculating the wage HUMAN SERVICES corrections are effective October 1, indices in the FY 2008 IPPS final rule Centers for Medicare & Medicaid 2007. with comment period, a provider was inadvertently included in CBSA 16180 Services II. Summary of Errors Carson City, NV, when it is actually We recently discovered a small 42 CFR Parts 411, 412, 413, and 489 geographically located in CBSA 39900 number of inadvertent technical or Reno-Sparks, NV. The effect of this [CMS–1533–CN3] typographical errors. Therefore, this change is that the wage indices for the notice corrects the errors that appeared RIN 0938–A070 eight providers in these two CBSAs will in the FY 2008 IPPS final rule with change. Therefore, in section III. of this Medicare Program; Changes to the comment period and the second FY notice, we are correcting the wage Hospital Inpatient Prospective 2008 IPPS correction notice. indices for these providers in these two Payment Systems and Fiscal Year 2008 In the second FY 2008 IPPS correction CBSAs in Tables 2, 4A, and 4C. We note Rates; Correction notice (72 FR 57637), there were that wage index corrections may be typographical errors in some of the case retroactive to the beginning of the AGENCY: Centers for Medicare & mix indices listed in Table 2. The case Federal fiscal year if the requirements Medicaid Services (CMS), HHS. mix index (CMI) values for some of the specified in § 412.64(k)(2)(ii) are met. ACTION: Correction of final rule with providers listed in Table 2 of that The requirements in § 412.64(k)(2)(ii) comment period. correction notice were intended to be are as follows: (1) The fiscal the same as the CMI values in Table 2 intermediary or Medicare SUMMARY: This document corrects wage of the FY 2008 IPPS final rule with Administrative Contractor (FI/MAC) or index, case-mix index, and geographic comment period. However, there was an CMS made an error in tabulating data adjustment factor errors in the final rule inadvertent typographical error that used for the wage index calculation; (2) with comment period that appeared in resulted in the CMI values for certain the hospital knew about the error in its the August 22, 2007 Federal Register providers being displayed on the wrong wage data and requested the FI/MAC entitled ‘‘Medicare Program; Changes to line. Therefore, in this notice, we are and CMS to correct the error both the Hospital Inpatient Prospective correcting some of the entries in Table within the established schedule for Payment Systems and Fiscal Year 2008 2 to reflect the proper CMI values for making corrections to the wage data Rates Final Rule’’; and the correction these providers. (which is at least before the beginning notice that appeared in the October 10, Table 2 also contained errors in wage of the fiscal year for the applicable 2007 Federal Register entitled indices for providers 140B10 and update to the hospital inpatient ‘‘Medicare Program; Changes to the 220074. Each hospital is a part of a prospective payment system) and using Hospital Inpatient Prospective Payment multicampus hospital, and each the established process; and (3) CMS Systems and Fiscal Year 2008 Rates; hospital is reclassified to the labor agreed before October 1 that the FI/MAC Correction’’. market area where other hospitals or CMS made an error in tabulating the associated with its provider number are DATES: Effective Date: October 1, 2007. hospital’s wage data and the wage index located. We note that these hospitals should be corrected. Since the wage FOR FURTHER INFORMATION CONTACT: were properly assigned the reclassified indices errors that are corrected in this Miechal Lefkowitz, (410) 786–5316. wage index in the FY 2008 IPPS final notice meet the requirements specified Valerie Miller, (410) 786–4535. rule with comment period. However, in in § 412.64 of our regulations, these SUPPLEMENTARY INFORMATION: the second FY 2008 IPPS correction corrections are effective October 1, notice, Table 2 inadvertently listed each I. Background 2007. hospital’s geographic area wage index Table 4C of the second FY 2008 IPPS In FR Doc 07–3820 of August 22, 2007 rather than the hospital’s reclassified correction notice also contained (72 FR 47130) and in FR Doc. 07–4875 wage index. Provider 140B10 was typographical errors in the geographic of October 10, 2007 (72 FR 57634), there mistakenly assigned 1.0583, the area adjustment factor (GAF) for two CBSAs, were a number of technical and wage index for Lake County-Kenosha CBSA 13820 (Birmingham-Hoover, AL) typographical errors that are identified County, IL–WA (CBSA 29404). and CBSA 26620 (Huntsville, AL). and corrected in the Correction of Errors Therefore, in section III. item 1 of this Therefore, in this notice, we are section of this notice. notice (correction of Table 2), the wage correcting the GAFs for these CBSAs. We issued the fiscal year (FY) 2008 index for provider 140B10 is corrected We note that the wage indices for these hospital inpatient prospective payment to 1.0472, the reclassified wage index CBSAs were correct in the second FY systems (IPPS) final rule with comment for Chicago-Naperville-Joliet, IL (CBSA 2008 IPPS correction notice and are period on August 1, 2007. The FY 2008 16974). In addition, provider 220074 included in this notice to provide the IPPS final rule with comment period was mistakenly assigned 1.0533, the reader with the wage indices and along appeared in the August 22, 2007 area wage index value for Providence- with the corrected GAFs. Federal Register, hereinafter referred to New Bedford-Fall River, RI–MA (CBSA as the FY 2008 IPPS final rule with 39300). Therefore, in section III. item 1 III. Correction of Errors comment period. of this notice (correction of Table 2), the In FR Doc. 07–4875 of October 10, We issued a correction notice for the wage index for provider 220074 is 2007 (72 FR 57634), make the following FY 2008 IPPS final rule with comment corrected to 1.1304, the reclassified corrections:

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1. On pages 57637 through 57698, in Federal Fiscal Year 2008; Hospital Wage Data); and 3-Year Average of Table 2— Hospital Case-Mix Indexes for Average Hourly Wages for Federal Hospital Average Hourly Wages, the Discharges Occurring in Federal Fiscal Fiscal Years 2006 (2002 Wage Data), listed entries are corrected to read as Year 2006; Hospital Wage Indexes for 2007 (2003 Wage Data), and 2008 (2004 follows:

TABLE 2.—HOSPITAL CASE-MIX INDEXES FOR DISCHARGES OCCURING IN FEDERAL FISCAL YEAR 2006; HOSPITAL WAGE INDEXES FOR FEDERAL FISCAL YEAR 2008; HOSPITAL AVERAGE HOURLY WAGES FOR FEDERAL FISCAL YEARS 2006 (2002 WAGE DATA), 2007 (2003 WAGE DATA), AND 2008 (2004 WAGE DATA); AND 3-YEAR AVERAGE OF HOSPITAL AVERAGE HOURLY WAGES

FY 2008 wage Average hourly Average hourly Average hourly Average hourly Provider No. Case-mix index index wage FY 2006 wage FY 2007 wage FY 2008 wage (3 years)

140001 ...... 1.1034 0.8715 22.3170 22.3001 22.2003 22.2726 140002 ...... 1.3394 0.8983 24.6954 27.0165 27.4779 26.4101 140007 ...... 1.3523 1.0588 28.3482 30.7378 31.4024 30.1866 140008 ...... 1.4485 1.0588 28.5297 29.1767 31.8008 29.7872 140B10 3 ...... 1.0472 35.1024 31.8806 40.1360 35.1264 220001 ...... 1.1993 1.1355 29.0014 30.6070 31.2316 30.2898 220002 ...... 1.3836 1.1488 30.3598 32.4356 33.6649 32.2137 220003 ...... 1.1827 ...... 22.0549 ...... 22.0549 220006 ...... 30.8599 30.7673 33.6438 31.7232 220008 ...... 1.2814 1.1304 30.1043 31.3385 34.7924 32.1143 220010 ...... 1.2471 1.1304 29.7998 30.7804 32.0925 30.8934 220011 ...... 1.1289 1.1488 34.4064 34.7655 36.5640 35.2410 220012 ...... 1.5403 1.2612 35.7872 37.8763 39.7564 37.8806 220015 ...... 1.1909 1.0451 28.3397 29.6315 32.4903 30.2089 220016 ...... 1.1221 1.0451 28.0608 30.4813 32.5863 30.3587 220017 ...... 1.2751 1.1844 29.7108 31.6170 33.3020 31.5466 220019 ...... 1.0840 1.1355 23.2544 24.4009 25.7855 24.4947 220020 ...... 1.2035 1.1304 26.5305 28.5288 30.8458 28.6772 220024 ...... 1.2983 1.0451 27.3488 28.7342 31.9491 29.2912 220025 ...... 1.0403 1.1355 23.0637 25.6478 30.4369 26.1069 220028 ...... 32.0980 31.7122 39.3089 34.1922 220029 ...... 1.1319 1.1304 28.6970 30.6935 31.6363 30.3492 220030 ...... 1.1315 1.0451 24.4289 26.8849 28.1347 26.5400 220031 ...... 1.6670 1.1844 34.8183 36.8477 38.9433 36.9174 220033 ...... 1.2129 1.1304 28.2539 31.8249 32.3495 30.8022 220035 ...... 1.4179 1.1304 28.6238 31.4470 34.8739 32.8577 220036 ...... 1.5119 1.1844 31.5184 33.1436 35.9124 33.5798 220046 ...... 1.4766 1.0053 28.1396 30.4460 31.4510 30.0573 220049 ...... 1.2148 1.1488 27.7518 30.4740 32.4652 30.2584 220050 ...... 1.0817 1.0451 26.3768 28.3434 29.5194 28.1065 220051 ...... 1.3058 0.9706 29.8380 30.2552 30.1022 30.0683 220052 ...... 1.1342 1.1844 29.8577 32.4130 32.3532 31.5202 220058 ...... 0.9584 1.1355 24.9642 25.7247 27.8893 26.1881 220060 ...... 1.1735 1.1844 32.3362 32.5477 34.7336 33.2260 220062 ...... 0.5718 1.1355 24.2779 25.0766 25.4224 24.9426 220063 ...... 1.2551 1.1488 27.3968 30.2866 32.9283 30.2274 220065 ...... 1.2422 1.0451 26.5513 27.6009 30.1103 28.0583 220066 ...... 1.3440 1.0451 27.1317 27.8073 29.9736 28.3106 220067 ...... 1.1846 1.1844 29.8911 30.2222 32.4019 30.8648 220070 ...... 1.1331 1.1488 31.9283 33.1299 34.2598 33.1439 220071 ...... 1.8639 1.1844 32.2936 36.5065 37.4087 35.4748 220073 ...... 1.1778 1.1304 31.3566 34.2989 36.0289 33.8953 220074 ...... 1.1304 28.4930 30.5607 31.4730 30.1564 290001 ...... 1.8514 1.0836 31.1981 36.3129 35.5113 34.2992 290002 ...... 0.9058 0.9704 18.3469 17.3876 23.9348 19.4284 290006 ...... 1.1835 1.0680 27.9501 31.7301 31.9838 30.5940 290009 ...... 1.7155 1.0836 29.8019 36.2724 32.3348 32.7010 290019 ...... 1.4106 1.0680 28.6158 29.3650 30.5964 29.5670 290032 ...... 1.4261 1.0836 31.7105 31.6711 34.6589 32.6749 290049 ...... 1.3649 1.0836 ...... 26.0725 26.0725 290051 ...... 1.6073 0.9865 ...... 3 This provider, 140B10, is part of a multi-campus provider, 140010, that is comprised of campuses that are located in two different CBSAs. For the FY 2008 wage index, a new provider record was created, designated with a ‘‘B’’ in the 4th position of the provider number, to distinguish between the portion of the wages and hours of the multi-campus facility that is being allocated between the two different CBSAs. Please refer to the FY 2008 final rule, section III.H.I.7 ‘‘Geographic Reclassification for Multi-campus Hospitals,’’ for more details on this provision.

2. On pages 57698 through 57721, in Geographic Adjustment Factor (GAF) for listed entries are corrected to read as Table 4A—Wage Index and Capital Urban Areas by CBSA—FY 2008, the follows:

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TABLE 4A.—WAGE INDEX AND CAPITAL GEOGRAPHIC ADJUSTMENT FACTOR (GAF) FOR URBAN AREAS BY CBSA—FY 2008

Wage CBSA code Urban area (constituent counties) index GAF

16180 ...... Carson City, NV2 ...... 0.9865 0.9907 Carson City, NV. 39900 ...... Reno-Sparks, NV ...... 1.0836 1.0565 Storey County, NV. Washoe County, NV. 2 Hospitals geographically located in the area are assigned the statewide rural wage index for FY 2008. New Jersey floor is imputed as dis- cussed in the FY 2005 IPPS final rule (69 FR 49109) and in section III.G.2 of the preamble in this final rule.

3. On pages 57722 through 57726, in Geographic Adjustment (GAF) for the listed entries are corrected to read as Table 4C—Wage Index and Capital Hospitals that are Reclassified by CBSA, follows:

TABLE 4C.—WAGE INDEX AND CAPITAL GEOGRAPHIC ADJUSTMENT FACTOR (GAF) FOR HOSPITALS THAT ARE RECLASSIFIED BY CBSA—FY 2008

Wage CBSA code Area index GAF

13820 ...... Birmingham-Hoover, AL ...... 0.8690 0.9083 16180 ...... Carson City, NV ...... 0.9704 0.9796 26620 ...... Huntsville, AL ...... 0.8725 0.9108 39900 ...... Reno-Sparks, NV ...... 1.0680 1.0461

IV. Waiver of Proposed Rulemaking substantive changes to the policies or DEPARTMENT OF COMMERCE and the 30-Day Delay in the Effective payment methodologies that were Date adopted in the final rule with comment National Oceanic and Atmospheric Administration We ordinarily publish a notice of period. As a result, this notice is intended to ensure that the FY 2008 proposed rulemaking in the Federal 50 CFR Part 229 Register to provide a period for public IPPS final rule with comment period comment before the provisions of a rule accurately reflects the policies adopted [Docket No. 071030629–7630–01] in the FY 2008 IPPS final rule with take effect in accordance with section RIN 0648–XD72 553(b) of the Administrative Procedure comment period. Therefore, we find that Act (APA) (5 U.S.C. 553(b)). However, undertaking further notice and comment Taking of Marine Mammals Incidental we can waive this notice and comment procedures to incorporate these to Commercial Fishing Operations; procedure if the Secretary finds, for corrections into the final rule or Atlantic Large Whale Take Reduction good cause, that the notice and delaying the effective date of these Plan comment process is impracticable, changes is unnecessary and contrary to unnecessary, or contrary to the public the public interest. AGENCY: National Marine Fisheries interest, and incorporates a statement of Service (NMFS), National Oceanic and (Catalog of Federal Domestic Assistance the finding and the reasons therefore in Atmospheric Administration (NOAA), Program No. 93.773, Medicare—Hospital the notice. Commerce. Insurance; and Program No. 93.774, ACTION: Temporary rule. Section 553(d) of the APA ordinarily Medicare—Supplementary Medical requires a 30-day delay in effective date Insurance Program) of final rules after the date of their SUMMARY: The Assistant Administrator publication in the Federal Register. Dated: October 31, 2007. for Fisheries (AA), NOAA, announces This 30-day delay in effective date can Ann C. Agnew, temporary restrictions consistent with the requirements of the Atlantic Large be waived, however, if an agency finds Executive Secretary to the Department. for good cause that the delay is Whale Take Reduction Plan’s [FR Doc. 07–5513 Filed 11–1–07; 10:12 am] (ALWTRP) implementing regulations. impracticable, unnecessary, or contrary BILLING CODE 4120–01–P to the public interest, and the agency These regulations apply to lobster trap/ incorporates a statement of the findings pot and anchored gillnet fishermen in and its reasons in the rule issued. an area totaling approximately 2,031 2 2 For reasons noted below, we find nm (6,966 km ), southeast of Portland, good cause to waive proposed Maine, for 15 days. The purpose of this rulemaking and the 30-day delayed action is to provide protection to an effective date for the technical aggregation of northern right whales corrections in this notice. This notice (right whales). merely corrects typographical and DATES: Effective beginning at 0001 hours technical errors in the addendum of the November 8, 2007, through 2400 hours FY 2008 IPPS final rule with comment November 22, 2007. period and the second FY 2008 IPPS ADDRESSES: Copies of the proposed and correction notice and does not make final Dynamic Area Management (DAM)

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rules, Environmental Assessments to fishermen requesting the voluntary 43° 46′ N., 67° 50′ W (EAs), Atlantic Large Whale Take removal of all lobster trap/pot and 43° 05′ N., 67° 50′ W Reduction Team (ALWTRT) meeting anchored gillnet gear for a 15–day 43° 05′ N., 68° 47′ W summaries, and progress reports on period and asking fishermen not to set 43° 12′ N., 68° 47′ W implementation of the ALWTRP may any additional gear in the DAM zone 43° 12′ N., 68° 51′ W also be obtained by writing Diane during the 15–day period. 43° 52′ N., 68° 51′ W (NW Corner) Borggaard, NMFS/Northeast Region, A DAM zone is triggered when NMFS In addition to those gear One Blackburn Drive, Gloucester, MA receives a reliable report from a modifications currently implemented 01930. qualified individual of three or more under the ALWTRP at 50 CFR 229.32, right whales sighted within an area (75 the following gear modifications are FOR FURTHER INFORMATION CONTACT: nm2 (139 km2)) such that right whale required in the DAM zone. If the Diane Borggaard, NMFS/Northeast density is equal to or greater than 0.04 requirements and exceptions for gear Region, 978–281–9300 x6503; or Kristy right whales per nm2 (1.85 km2). A modification in the DAM zone, as Long, NMFS, Office of Protected qualified individual is an individual described below, differ from other Resources, 301–713–2322. ascertained by NMFS to be reasonably ALWTRP requirements for any SUPPLEMENTARY INFORMATION: able, through training or experience, to overlapping areas and times, then the Electronic Access identify a right whale. Such individuals more restrictive requirements will apply include, but are not limited to, NMFS in the DAM zone. Several of the background documents staff, U.S. Coast Guard and Navy Lobster Trap/pot Gear for the ALWTRP and the take reduction personnel trained in whale planning process can be downloaded identification, scientific research survey Fishermen utilizing lobster trap/pot from the ALWTRP web site at http:// personnel, whale watch operators and gear within portions of Northern Inshore www.nero.noaa.gov/whaletrp/. naturalists, and mariners trained in State Lobster Waters and Northern Background whale species identification through Nearshore Lobster Waters that overlap disentanglement training or some other with the DAM zone are required to The ALWTRP was developed training program deemed adequate by utilize all of the following gear pursuant to section 118 of the Marine NMFS. A reliable report would be a modifications while the DAM zone is in Mammal Protection Act (MMPA) to credible right whale sighting. effect: reduce the incidental mortality and On October 26, 2007, an aerial survey 1. Groundlines must be made of either serious injury of three endangered reported and aggregation of eleven right sinking or neutrally buoyant line. species of whales (right, fin, and whales in the proximity of 43° 24′ N Floating groundlines are prohibited; humpback) due to incidental interaction latitude and 68° 21′ W longitude. The 2. All buoy lines must be made of with commercial fishing activities. In position lies approximately 30nm either sinking or neutrally buoyant line, addition, the measures identified in the southeast of Portland, Maine. After except the bottom portion of the line, ALWTRP would provide conservation conducting an investigation, NMFS which may be a section of floating line benefits to a fourth species (minke), ascertained that the report came from a not to exceed one-third the overall which are neither listed as endangered qualified individual and determined length of the buoy line; nor threatened under the Endangered that the report was reliable. Thus, 3. Fishermen are allowed to use two Species Act (ESA). The ALWTRP, NMFS has received a reliable report buoy lines per trawl; and implemented through regulations from a qualified individual of the 4. A weak link with a maximum codified at 50 CFR 229.32, relies on a requisite right whale density to trigger breaking strength of 600 lb (272.4 kg) combination of fishing gear the DAM provisions of the ALWTRP. must be placed at all buoys. modifications and time/area closures to Once a DAM zone is triggered, NMFS Fishermen utilizing lobster trap/pot reduce the risk of whales becoming determines whether to impose gear within the portion of the Offshore entangled in commercial fishing gear restrictions on fishing and/or fishing Lobster Waters Area that overlap with (and potentially suffering serious injury gear in the zone. This determination is the DAM zone are required to utilize all or mortality as a result). based on the following factors, of the following gear modifications On January 9, 2002, NMFS published including but not limited to: the while the DAM zone is in effect: the final rule to implement the location of the DAM zone with respect 1. Groundlines must be made of either ALWTRP’s DAM program (67 FR 1133). to other fishery closure areas, weather sinking or neutrally buoyant line. On August 26, 2003, NMFS amended conditions as they relate to the safety of Floating groundlines are prohibited; the regulations by publishing a final human life at sea, the type and amount 2. All buoy lines must be made of rule, which specifically identified gear of gear already present in the area, and either sinking or neutrally buoyant line, modifications that may be allowed in a a review of recent right whale except the bottom portion of the line, DAM zone (68 FR 51195). The DAM entanglement and mortality data. which may be a section of floating line program provides specific authority for NMFS has reviewed the factors and not to exceed one-third the overall NMFS to restrict temporarily on an management options noted above length of the buoy line; expedited basis the use of lobster trap/ relative to the DAM under 3. Fishermen are allowed to use two pot and anchored gillnet fishing gear in consideration. As a result of this review, buoy lines per trawl; and areas north of 40? N. lat. to protect right NMFS prohibits lobster trap/pot and 4. A weak link with a maximum whales. Under the DAM program, anchored gillnet gear in this area during breaking strength of 1,500 lb (680.4kg) NMFS may: (1) require the removal of the 15–day restricted period unless it is must be placed at all buoys. all lobster trap/pot and anchored gillnet modified in the manner described in Anchored Gillnet Gear fishing gear for a 15–day period;(2) this temporary rule. allow lobster trap/pot and anchored The DAM Zone is bound by the Fishermen utilizing anchored gillnet gillnet fishing within a DAM zone with following coordinates: gear within the portions of the Other gear modifications determined by NMFS 43° 52′ N., 68° 51′ W (NW Corner) Northeast Gillnet Waters Area that to sufficiently reduce the risk of 43° 52′ N., 67° 59′ W overlap with the DAM zone are required entanglement; and/or (3) issue an alert 43° 46′ N., 67° 59′ W to utilize all the following gear

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modifications while the DAM zone is in procedures for implementing a DAM notice while the Office of the Federal effect: zone. Providing prior notice and Register processes the document for 1. Groundlines must be made of either opportunity for comment on this action, publication. sinking or neutrally buoyant line. pursuant to those regulations, would be NMFS determined that the regulations Floating groundlines are prohibited; impracticable because it would prevent establishing the DAM program and 2. All buoy lines must be made of NMFS from executing its functions to actions such as this one taken pursuant either sinking or neutrally buoyant line, protect and reduce serious injury and to those regulations are consistent to the except the bottom portion of the line, mortality of endangered right whales. which may be a section of floating line The regulations establishing the DAM maximum extent practicable with the not to exceed one-third the overall program are designed to enable the enforceable policies of the approved length of the buoy line; agency to help protect unexpected coastal management program of the U.S. 3. Fishermen are allowed to use two concentrations of right whales. In order Atlantic coastal states. This buoy lines per string; to meet the goals of the DAM program, determination was submitted for review 4. The breaking strength of each net the agency needs to be able to create a by the responsible state agencies under panel must not exceed 1,100 lb(498.8 DAM zone and implement restrictions section 307 of the Coastal Zone kg). The weak link requirements apply on fishing gear as soon as possible once Management Act. Following state to all variations in net panel size. One the criteria are triggered and NMFS review of the regulations creating the weak link must be placed in the center determines that a DAM restricted zone DAM program, no state disagreed with of the floatline and one weak link must is appropriate. If NMFS were to provide NMFS’ conclusion that the DAM be placed in the center of each of the up prior notice and an opportunity for program is consistent to the maximum and down lines at both ends of the net public comment upon the creation of a extent practicable with the enforceable panel. Additionally, one weak link must DAM restricted zone, the aggregated policies of the approved coastal be placed as close as possible to each right whales would be vulnerable to management program for that state. end of the net panels on the floatline; or, entanglement which could result in The DAM program under which one weak link must be placed between serious injury and mortality. NMFS is taking this action contains floatline tie-loops between net panels Additionally, the right whales would policies with federalism implications and one weak link must be placed most likely move on to another location where the floatline tie-loops attach to before NMFS could implement the warranting preparation of a federalism the bridle, buoy line, or groundline at restrictions designed to protect them, assessment under Executive Order each end of a net string; thereby rendering the action obsolete. 13132. Accordingly, in October 2001 5. A weak link with a maximum Therefore, pursuant to 5 U.S.C. and March 2003, the Assistant Secretary breaking strength of 1,100 lb (498.8kg) 553(b)(B), the AA finds that good cause for Intergovernmental and Legislative must be placed at all buoys; and exists to waive prior notice and an Affairs, Department of Commerce, 6. All anchored gillnets, regardless of opportunity to comment on this action provided notice of the DAM program the number of net panels, must be to implement a DAM restricted zone to and its amendments to the appropriate securely anchored with the holding reduce the risk of entanglement of elected officials in states to be affected power of at least a 22 lb (10.0 kg) endangered right whales in commercial by actions taken pursuant to the DAM Danforth-style anchor at each end of the lobster trap/pot and anchored gillnet program. Federalism issues raised by net string. gear as such procedures would be state officials were addressed in the The restrictions will be in effect impracticable. final rules implementing the DAM beginning at 0001 hours November 8, program. A copy of the federalism 2007, through 2400 hours November 22, For the same reasons, the AA finds 2007, unless terminated sooner or that, under 5 U.S.C. 553(d)(3), good Summary Impact Statement for the final extended by NMFS through another cause exists to waive the 30–day delay rules is available upon request notification in the Federal Register. in effective date. If NMFS were to delay (ADDRESSES). The restrictions will be announced to for 30 days the effective date of this The rule implementing the DAM state officials, fishermen, ALWTRT action, the aggregated right whales program has been determined to be not members, and other interested parties would be vulnerable to entanglement, significant under Executive Order through e-mail, phone contact, NOAA which could cause serious injury and 12866. website, and other appropriate media mortality. Additionally, right whales immediately upon issuance of the rule would likely move to another location Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3) by the AA. between the time NMFS approved the action creating the DAM restricted zone Dated: October 31, 2007. Classification and the time it went into effect, thereby William T. Hogarth, In accordance with section 118(f)(9) of rendering the action obsolete and ineffective. Nevertheless, NMFS Assistant Administrator for Fisheries, the MMPA, the Assistant Administrator National Marine Fisheries Service. (AA) for Fisheries has determined that recognizes the need for fishermen to [FR Doc. 07–5524 Filed 11–1–07; 2:29 pm] this action is necessary to implement a have time to either modify or remove (if take reduction plan to protect North not in compliance with the BILLING CODE 3510–22–S Atlantic right whales. requiredrestrictions) their gear from a Environmental Assessments for the DAM zone once one is approved. Thus, DAM program were prepared on NMFS makes this action effective 2 days December 28, 2001, and August 6, 2003. after the date of publication of this This action falls within the scope of the document in the Federal Register. analyses of these EAs, which are NMFS will also endeavor to provide available from the agency upon request. notice of this action to fishermen NMFS provided prior notice and an through other means upon issuance of opportunity for public comment on the the rule by the AA, thereby providing regulations establishing the criteria and approximately 3 additional days of

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DEPARTMENT OF COMMERCE according to the Fishery Management from the fishery. The Assistant Plan for Groundfish of the Gulf of Administrator for Fisheries, NOAA National Oceanic and Atmospheric Alaska (FMP) prepared by the North (AA), finds good cause to waive the Administration Pacific Fishery Management Council requirement to provide prior notice and under authority of the Magnuson- opportunity for public comment 50 CFR Part 679 Stevens Fishery Conservation and pursuant to the authority set forth at 5 [Docket No. 070213032–7032–01] Management Act. Regulations governing U.S.C. 553(b)(B) as such requirement is fishing by U.S. vessels in accordance RIN 0648–XD73 impracticable and contrary to the public with the FMP appear at subpart H of 50 interest. This requirement is CFR part 600 and 50 CFR part 679. Fisheries of the Exclusive Economic impracticable and contrary to the public Zone Off Alaska; Pacific Ocean Perch The 2007 Pacific ocean perch TAC interest as it would prevent NMFS from for Vessels Participating in the allocated to vessels participating in the responding to the most recent fisheries Rockfish Entry Level Fishery in the entry level rockfish fishery in the data in a timely fashion and would Central Regulatory Area of the GOA is Central Regulatory Area of the Gulf of delay the closure of Pacific ocean perch 364 mt as established by the 2007 and Alaska for vessels participating in the rockfish 2008 final harvest specifications (72 FR entry level fishery in the Central AGENCY: National Marine Fisheries 9676, March 5, 2007) for groundfish in Service (NMFS), National Oceanic and the GOA and as listed on the website at Regulatory Area of the GOA. NMFS was Atmospheric Administration (NOAA), http://www.fakr.noaa.gov/ unable to publish a notice providing Commerce. sustainablefisheries/goarat/ time for public comment because the ACTION: Temporary rule; closure. 07rppallocations.xls. most recent, relevant data only became In accordance with § 679.20(d)(1)(iii), available as of October 31, 2007. SUMMARY: NMFS is prohibiting directed the Administrator, Alaska Region, The AA also finds good cause to fishing for Pacific ocean perch for NMFS (Regional Administrator), has waive the 30–day delay in the effective vessels participating in the rockfish determined that the 2007 TAC of Pacific date of this action under 5 U.S.C. entry level fishery in the Central ocean perch allocated to vessels Regulatory Area of the Gulf of Alaska 553(d)(3). This finding is based upon participating in the entry level rockfish the reasons provided above for waiver of (GOA). This action is necessary to fishery in the Central Regulatory Area prevent exceeding the 2007 total prior notice and opportunity for public has been reached. Consequently, NMFS comment. allowable catch (TAC) of Pacific ocean is prohibiting directed fishing for Pacific perch allocated to vessels participating ocean perch for vessels participating in This action is required by § 679.20 in the rockfish entry level fishery in the the rockfish entry level fishery in the and § 679.83 and is exempt from review Central Regulatory Area of the GOA. Central Regulatory Area of the GOA. under Executive Order 12866. DATES: Effective 1200 hrs, Alaska local After the effective date of this closure Authority: 16 U.S.C. 1801 et seq. time (A.l.t.), November 1, 2007, through the maximum retainable amounts at Dated: November 1, 2007. 2400 hrs, A.l.t., December 31, 2007. § 679.20(e) and (f) apply at any time FOR FURTHER INFORMATION CONTACT: during a trip. Emily H. Menashes, Jennifer Hogan, 907–586–7228. Acting Director, Office of Sustainable Classification SUPPLEMENTARY INFORMATION: NMFS Fisheries, National Marine Fisheries Service. manages the groundfish fishery in the This action responds to the best [FR Doc. 07–5525 Filed 11–1–07; 2:29 pm] GOA exclusive economic zone available information recently obtained BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 72, No. 214

Tuesday, November 6, 2007

This section of the FEDERAL REGISTER note the date and page number of this revenue is projected at $38.8 million. contains notices to the public of the proposed issue of the Federal Register. The fee increase will result in a trust issuance of rules and regulations. The FOR FURTHER INFORMATION CONTACT: fund reserve balance of $14 million. purpose of these notices is to give interested Charles L. Johnson, Chief, Grading Employee salaries and benefits persons an opportunity to participate in the account for approximately 85 percent of rule making prior to the adoption of the final Branch, (202) 720–3271. rules. SUPPLEMENTARY INFORMATION: the total operating budget. The last general and locality salary increase for Background and Proposed Changes Federal employees became effective on DEPARTMENT OF AGRICULTURE The Agricultural Marketing Act of January 1, 2007, and it materially 1946 (AMA), as amended (7 U.S.C. affected program costs. Projected cost Agricultural Marketing Service 1621–1627), gives AMS the authority to estimates for that increase were based provide services so that agricultural on a salary increase of 1.7 percent; 7 CFR Parts 56 and 70 products may be marketed to their best however, the increase was actually 1.81 advantage, that global marketing and to 3.02 percent, depending on locality. [Docket No. AMS–PY–07–0065] trade may be facilitated, and that The average annual increase in salary RIN 0581–AC73 consumers may be able to ascertain over the past five years has been 3.71 characteristics involved in the percent and was used for the projected Multiyear Increase in Fees and production and processing of products salary increase for January 2008 and Charges for Egg, Poultry, and Rabbit and obtain the quality of product they January 2009. Also, from October 2007 Grading and Audit Services desire. The AMA also provides for the through September 2009, salaries and collection of fees from users of these fringe benefits of federally-licensed AGENCY: Agricultural Marketing Service, services that are reasonable and cover State employees are estimated to USDA. the cost of providing services. Voluntary increase by about 6.0 percent. ACTION: Proposed rule. grading and certification of eggs, The hourly rate for resident and non- poultry, and rabbits and verification and resident service covers graders’ salaries SUMMARY: The Agricultural Marketing conformance audits, fall within this and benefits. The current hourly rates of Service (AMS) proposes to increase the authorization. $39.04, $69.68, and $80.12 for the fees and charges for Federal voluntary A recent review determined that the resident and fee service cover graders’ egg, poultry, and rabbit grading, existing fee schedule, effective April 1, salaries and benefits, plus the cost of certification, and audit services for the 2007, will not generate sufficient travel and supervision. The minimum next two fiscal years, FY 2008 and FY revenue to cover program costs while monthly administrative volume charge 2009. The fees and charges need to be maintaining an adequate trust fund for resident poultry, shell egg, and increased by 2.76% to 7.74% to cover reserve balance in FY 2008 and FY rabbit grading remains at $275, because the increase in salaries of Federal 2009. Revenue, investment income and the fee analysis determined that raising employees, salary increases of State other adjustments in FY 2006 were $36 the minimum monthly administrative employees cooperatively utilized in million while expenses were $35 charge would not generate additional administering the programs, and other million, resulting in a trust fund reserve reserve. For FY 2008 the non-resident increased Agency costs. The AMS is balance increase from $12.3 million to fee rates would be $74.08 for regular 1 required to collect fees from users of $13.3 million. hours and $86.68 for weekend and these services to cover the costs of FY 2007 revenue, investment income holiday hours, an increase of services rendered. and other adjustments are currently approximately 7 percent from the DATES: Comments must be received on projected at $35.9 million and expenses previous year. Beginning in January or before December 6, 2007. in FY 2007 are projected at $35.8 2009, the non-resident fee rates would ADDRESSES: Send written comments, in million. This will result in a trust fund be $77.28 for regular hours and $93.24 duplicate, to David Bowden, Jr., Chief, reserve balance of $13.4 million. for weekend and holiday hours, an Without a fee increase, FY 2008 USDA, AMS, PY, Standards, Promotion increase of approximately 6 percent revenue is projected to be $35 million. and Technology Branch, STOP 0256, from the previous year. Expenses are projected to be $37.4 Room 3932–S, 1400 Independence Current rates for auditing services are million, which would leave a reserve of Avenue, SW., Washington, DC 20250– $82.16 and $102.84. In FY 2008 they $11 million. With a fee increase, FY 0256. Comments, in duplicate, also may would be $87.56 for regular hours and 2008 revenue is projected at $37.5 be faxed to (202) 720–2930. $112.00 for weekend and holiday hours, million. The fee increase will result in Comments also may be submitted an increase of approximately 8 percent a trust fund reserve balance of $13.5 electronically to: http:// from the previous year. Beginning in million. January 2009, the audit rates would be www.regulations.gov. Without a fee increase, FY 2009 $89.20 for regular hours and $116.08 for Comments received will be available revenue is projected at $34.9 million. weekend and holiday hours, an increase for public inspection at the above Expenses are projected at $38.2 million, of approximately 3 percent. location between 8 a.m. and 4:30 p.m., which would leave a reserve of $7.7 Elimination of the inauguration e.t., Monday through Friday, except million. With a fee increase, FY 2009 legal holidays, or can be reviewed on charge of $310, when an application for http://www.regulations.gov. 1 With the increase, the reserve would be $14 service has been received, is also All comments should reference million. However a six month reserve is needed for proposed. By restructuring the docket number AMS–PY–07–0065 and all program contingencies, including shutdown. inauguration charge, expenses incurred

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for plant surveys and billed to for shell eggs in § 56.46 (a)–(c) and for percent. The hourly rate for resident and applicants will reflect a more accurate poultry and rabbits in § 70.71 (a)–(c), nonresident service covers graders’ accounting for the services rendered. plus any travel and additional expenses. salaries and benefits. Since a plant survey still would be The following table compares current required, the fee for the survey would be and proposed fees. The fee rate would borne by the applicant at rates set forth be increased by approximately 7.0

Proposed Proposed Service Current 2008 2009

Resident Service (egg, poultry, and rabbit grading)

Inauguration of service ...... 310 0 0 Hourly charges: Regular hours ...... 39.04 40.88 42.68 Administrative charges—Poultry grading: Per pound of poultry ...... 00043 .00045 .00047 Minimum per month ...... 275 275 275 Maximum per month ...... 3,075 3,150 3,225 Administrative charges—Shell egg grading: Per 30-dozen case of shell eggs ...... 053 .055 .058 Minimum per month ...... 275 275 275 Maximum per month ...... 3,075 3,150 3,225 Administrative charges—Rabbit grading: Based on 25% of grader’s salary, minimum per month ...... 275 275 275

Non-resident Service (egg, poultry, and rabbit grading)

Hourly charges: Regular hours ...... 39.04 40.88 42.68 Administrative charges: Based on 25% of grader’s salary, minimum per month ...... 275 275 275

Nonresident Fee and Appeal Service (egg, poultry, and rabbit grading)

Hourly charges: Regular hours ...... 69.68 74.08 77.28 Weekend and holiday hours ...... 80.12 86.68 93.24

Audit Fee (Plant Systems, Animal Welfare, QSVP)

Hourly charges: Regular hours ...... 82.16 87.56 89.20 Weekend and holiday hours ...... 102.84 112.00 116.08

Executive Order 12866 Business Administration (13 CFR This action would raise the fees This proposed rule has been 121.201). These entities are under no charged to users of grading and auditing determined to be not significant for obligation to use program services as services. The AMS estimates that, purposes of Executive Order 12866 and authorized under the Agricultural overall, this rule would yield an about therefore, has not been reviewed by the Marketing Act of 1946. $2.4 million during FY 2008 and $3.9 Office of Management and Budget The AMS regularly reviews its user million for FY 2009. The hourly rate for (OMB). fee financed programs to determine if resident and nonresident service would fees are adequate and if costs are increase by approximately 4.71 percent Regulatory Flexibility Act reasonable. A recent review determined in FY 2008 and 4.4 percent in FY 2009. Pursuant to the requirements set forth that the existing fee schedule, effective The fee rate would increase by in the Regulatory Flexibility Act (RFA) April 1, 2007, will not generate approximately 7 percent in FY 2008 and (5 U.S.C. 601–674), the AMS has sufficient revenue to cover program approximately 6 percent in FY 2009. considered the economic impact of this costs while maintaining an adequate The audit fee would increase by action on small entities. It is determined reserve balance in FY 2008 and FY approximately 8 percent in FY 2008 and that its provisions would not have a 2009. approximately 3 percent in FY 2009. significant economic impact on a Expenses in FY 2008 are projected at The impact of these rate changes in a substantial number of small entities. poultry plant would range from about There are about 390 users of Poultry $37.4 million. Without a fee increase, $0.000078 to $0.000952 per pound of Programs’ services. These official plants FY 2008 revenue is projected at $35 poultry handled in FY 2008 and can pack eggs, poultry, and rabbits in million. With a fee increase, FY 2008 packages bearing the USDA grade shield revenues are projected at $37.5 million. $0.000085 to $0.001068 in FY 2009. In when AMS graders are present to certify Expenses in FY 2009 are projected at a shell egg plant, the range would be that the products meet the grade $38.2 million. Without a fee increase, $0.000273 to $0.003499 per dozen eggs requirements as labeled. Many of these FY 2009 revenues are projected at $34.9 handled in FY 2008 and $0.000410 to users are small entities under the million. With a fee increase, FY 2009 $0.004870 per dozen eggs handled in FY criteria established by the Small revenues are projected at $38.8 million. 2009.

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Civil Justice Reform January 27, 2008, and $89.20 on or after B. Removing in paragraph (a)(4), This action has been reviewed under January 25, 2009,’’ in its place. ‘‘$0.00043’’ and adding ‘‘$0.00045 Executive Order 12988, Civil Justice D. Removing in paragraph (e), beginning January 27, 2008 and Reform. This action is not intended to ‘‘$102.84 per hour’’ and adding $0.00047 on or after January 25, 2009,’’ have retroactive effect. This rule will ‘‘$112.00 per hour beginning January 27, in its place, and removing ‘‘$3,075’’ and not preempt any State or local laws, 2008 and $116.08 per hour on or after adding ‘‘$3,150 beginning January 27, regulations, or policies, unless they January 25, 2009,’’ in its place. 2008, and $3,225 on or after January 25, 3. Section 56.52 is amended by: present an irreconcilable conflict with 2009,’’ in its place. A. Removing the first sentence of this rule. There are no administrative paragraph (a)(1), and adding three § 70.77 Charges for continuous poultry or procedures which must be exhausted rabbit grading performed on a resident sentences to read as set forth below; and prior to any judicial challenge to the basis. B. Removing in paragraph (a)(4), provisions of this rule. ‘‘$0.053’’ and adding ‘‘$0.055 beginning * * * * * Paperwork Reduction January 27, 2008, and $0.058 on or after (1) When a signed application for January 25, 2009,’’ in its place, and service has been received, the State The information collection supervisor or the supervisor’s assistant requirements that appear in the sections removing ‘‘$3,075’’ and adding ‘‘$3,150 beginning January 27, 2008, and $3,225 shall complete a plant survey pursuant to be amended by this action have been to § 70.34. The costs for completing the previously approved by OMB and on or after January 25, 2009,’’ in its place. plant survey shall be borne by the assigned OMB Control Numbers under applicant on a fee basis at rates set forth the Paperwork Reduction Act (44 U.S.C. § 56.52 Charges for continuous grading in § 70.71(a) through (c), plus any travel Chapter 35) as follows: § 56.52(a)(4)— performed on a resident basis. and additional expenses. No charges No. 0581–0128; and § 70.77(a)(4)—No. * * * * * will be assessed when the application is 0581–0127. (1) When a signed application for required because of a change in name or A 30-day comment period is provided service has been received, the State ownership. * * * for interested persons to comment on supervisor or the supervisor’s assistant * * * * * this proposed rule. Given the current shall complete a plant survey pursuant Dated: October 18, 2007 financial status of this program, this to § 56.30. The costs for completing the Lloyd C. Day, comment period is deemed appropriate plant survey shall be borne by the in order to implement, as early as applicant on a fee basis at rates set forth Administrator, Agricultural Marketing Service. possible in FY 2008, any fee changes in § 56.46 (a) through (c), plus any travel adopted as a result of this rulemaking and additional expenses. No charges [FR Doc. 07–5571 Filed 11–2–07; 11:54 am] action. will be assessed when the application is BILLING CODE 3410–02–P List of Subjects required because of a change in name or ownership. * * * 7 CFR Part 56 * * * * * DEPARTMENT OF HOMELAND Eggs and egg products, Food grades SECURITY PART 70—VOLUNTARY GRADING OF and standards, Food labeling, Reporting Bureau of Customs and Border and recordkeeping requirements. POULTRY PRODUCTS AND RABBIT PRODUCTS Protection 7 CFR Part 70 4. The authority citation for part 70 8 CFR Parts 100 and 212 Food grades and standards, Food continues to read as follows: labeling, Poultry and poultry products, [USCBP–2007–0084] Authority: 7 U.S.C. 1621–1627. Rabbits and rabbit products, Reporting RIN 1651–AA71 and recordkeeping requirements. § 70.71 [Amended] For reasons set forth in the preamble, Issuance of a Visa and Authorization it is proposed that Title 7, Code of 5. Section 70.71 is amended by: A. Removing in paragraph (b) for Temporary Admission Into the Federal Regulations, parts 56 and 70 be United States for Certain amended as follows: ‘‘$69.68’’ and adding ‘‘$74.08 beginning January 27, 2008, and $77.28 on or after Nonimmigrant Aliens Infected With HIV PART 56—GRADING OF SHELL EGGS January 25, 2009,’’ in its place. AGENCY: Customs and Border Protection; B. Removing in paragraph (c) ‘‘$80.12 DHS. 1. The authority citation for part 56 per hour’’ and adding ‘‘$86.68 per hour ACTION: Notice of proposed rulemaking. continues to read as follows: beginning January 27, 2008, and $93.24 Authority: 7 U.S.C. 1621–1627. per hour on or after January 25, 2009,’’ SUMMARY: The Department of Homeland in its place. Security (DHS) proposes to amend the § 56.46 [Amended] C. Removing in paragraph (d), regulations pertaining to admission of 2. Section 56.46 is amended by: ‘‘$82.16’’ and adding ‘‘$87.56 beginning certain nonimmigrants to the United A. Removing in paragraph (b), January 27, 2008, and $89.20 on or after States. This rule proposes to authorize ‘‘$69.68’’ and adding ‘‘$74.08, beginning January 25, 2009,’’ in its place. issuance of certain short-term January 27, 2008, and $77.28 on or after D. Removing in paragraph (e), nonimmigrant visas and temporary January 25, 2009,’’ in its place. ‘‘$102.84 per hour’’ and adding admission for aliens who are B. Removing in paragraph (c), ‘‘$80.12 ‘‘$112.00 per hour beginning January 27, inadmissible solely due to their per hour’’ and adding ‘‘$86.68 per hour, 2008, and $116.08 per hour on or after infection with the human beginning January 27, 2008 and $93.24 January 25, 2009,’’ in its place. immunodeficiency virus (HIV). The per hour on or after January 25, 2009,’’ 6. Section 70.77 is amended by: proposed rule would provide, on a in its place. A. Removing the first sentence of limited and categorical basis, a more C. Removing in paragraph (d), paragraph (a)(1), and adding three streamlined process to authorize these ‘‘$82.16’’ and adding ‘‘$87.56 beginning sentences to read as set forth below; and nonimmigrant aliens to enter the United

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States as visitors (for business or 5th Floor, Washington, DC. IV. HIV Infection as a Ground of pleasure) for up to thirty days, subject Arrangements to inspect submitted Inadmissibility to certain conditions to ensure the comments should be made in advance The INA has provided since 1952 that control and departure of such aliens. by calling Mr. Joseph Clark at (202) 572– aliens ‘‘who are afflicted with any Nonimmigrant aliens who do not meet 8768. dangerous contagious disease’’ are the specific circumstances of these II. Intent of the Proposed Rule ineligible to receive a visa and are to be clarifying instructions or who do not excluded from admission into the wish to consent to the conditions that This proposed rule, initiated at the United States. Aliens infected with HIV would be imposed by this proposed rule direction of the President (see White have been inadmissible to the United may still elect a case-by-case House, Fact Sheet: World AIDS Day States since 1987, when Congress determination of their eligibility for a directed the Department of Health and waiver of the nonimmigrant visa 2006, December 1, 2006) through the Secretary of State (see Section VIII), Human Services (HHS) to add HIV requirements for aliens afflicted with infection to its list of dangerous HIV. The proposed rule also updates would establish a more streamlined process for issuance of a nonimmigrant contagious diseases. Public Law 100–71, regulatory language to conform to a section 518, 101 Stat. 475 (July 11, statutory change brought about by the visa and temporary admission to the United States for aliens who are 1987); 52 FR 32543 (Aug. 28, 1987). Immigration Act of 1990. Accordingly, aliens infected with HIV inadmissible to the United States due to DATES: Comments must be received on have been ineligible to receive visas and HIV infection. DHS is proposing to or before December 6, 2007. have been excludable from admission to ADDRESSES: You may submit comments, allow these aliens to enter the United the United States because of infection identified by docket number, by one of States as visitors (for business or with a dangerous contagious disease. the following methods: pleasure) for a temporary period not to See INA section 212(a)(6), 8 U.S.C. • Federal eRulemaking Portal: http:// exceed thirty days, without being 1182(a)(6) (1988). www.regulations.gov. Follow the required to seek such admission under In 1990, Congress amended the INA instructions for submitting comments. the more complex (individualized, case- by revising the classes of excludable • Mail: Border Security Regulations by-case) process provided under the aliens to provide that an alien ‘‘who is Branch, Customs and Border Protection, current DHS policy. The proposed rule determined (in accordance with 1300 Pennsylvania Avenue, NW. (Mint would provide an additional avenue for regulations prescribed by the Secretary Annex), Washington, DC 20229. temporary admission of these aliens of Health and Human Services) to have FOR FURTHER INFORMATION CONTACT: while minimizing costs to the a communicable disease of public Michael D. Olszak, Customs and Border government and the risk to public health significance’’ is excludable from Protection, Office of Field Operations, health. These goals are accomplished by the United States. Immigration Act of (703) 261–8424. setting requirements and conditions that 1990, Public Law 101–649, section 601, SUPPLEMENTARY INFORMATION: govern an alien’s admission, affect 104 Stat. 4978 (Jan. 23, 1990); INA section 212(a)(1)(A)(i), 8 U.S.C. I. Public Participation certain aspects of his or her activities while in the United States (e.g., using 1182(a)(1)(A)(i), (effective June 1, 1991). Interested persons are invited to proper medication when medically HHS subsequently published a participate in this rulemaking by appropriate, avoiding behavior that can proposed rule that would have removed submitting written data, views, or transmit the infection), and ensure his from the list all sexually transmitted arguments on all aspects of the or her departure after a short stay. diseases (including HIV). 56 FR 2484 (Jan. 23, 1991). Based on comments proposed rule. DHS also invites Nonimmigrant aliens who do not meet comments that relate to the economic, received and reconsideration of the the specific circumstances of these environmental, or federalism effects that issues, HHS published an interim rule clarifying instructions or who do not might result from this proposal. retaining all sexually transmitted Comments that will provide the most wish to consent to the conditions diseases on the list and committing its assistance to DHS in developing these imposed by this rule may still elect a initial proposal to further study. 56 FR procedures will reference a specific case-by-case determination of their 25000 (May 31, 1991). While HHS again portion of the proposal, explain the eligibility for a waiver of the considered a regulatory amendment to reason for any recommended change, nonimmigrant visa requirements for remove HIV from the list, Congress and include data, information, or aliens afflicted with HIV. amended INA section 212(a)(1) to authority that support such III. Applicable Law and Regulations specify that ‘‘infection with the etiologic recommended change. agent for acquired immune deficiency Instructions: All submissions received An alien infected with HIV is syndrome’’ is a communicable disease must include the agency name and inadmissible to the United States under of public health significance, thereby docket number for this rulemaking. All section 212(a)(1)(A)(i) of the making explicit in the INA that aliens comments received will be posted Immigration and Nationality Act of 1952 with HIV are ineligible for admission without change to http:// (INA), as amended, 8 U.S.C. into the United States. National www.regulations.gov, including any 1182(a)(1)(A)(i). An inadmissible alien Institutes of Health Revitalization Act of personal information provided. may be temporarily admitted to the 1993, Public Law 103–43, section 2007, Docket: For access to the docket to United States under INA section 107 Stat. 122, (June 10, 1993). read background documents or The INA, as presently worded, makes 212(d)(3)(A), 8 U.S.C. 1182(d)(3)(A). comments received, go to http:// inadmissible to the United States any www.regulations.gov. Submitted DHS may authorize temporary alien ‘‘who is determined (in comments may also be inspected on admission to the United States under 8 accordance with regulations prescribed regular business days between the hours CFR 212.4(a) or (b). The categorical by the Secretary of Health and Human of 9 a.m. and 4:30 p.m. at the Office of authorization process proposed in this Services) to have a communicable International Trade, U.S. Customs and rule would be added to 8 CFR 212.4 in disease of public health significance, Border Protection, 799 9th Street, NW., new paragraph (f). which shall include infection with the

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etiologic agent for acquired immune may apply to DHS for approval of by-case determinations. The reference in deficiency syndrome * * * .’’ INA temporary admission; such approval is the last sentence of section 212(d)(3)(A) section 212(a)(1)(A)(i), 8 U.S.C. granted at the discretion of the Secretary to aliens, in the plural, provides 1182(a)(1)(A)(i). Therefore, any alien of Homeland Security. contextual support for the Secretary infected with HIV is inadmissible to the When Congress first enacted this exercising this discretion on a United States. authority to authorize admission for categorical basis. In contrast, an explicit nonimmigrants despite inadmissibility waiver provision under the INA V. Authority To Grant Temporary in 1952, the Committee on the Judiciary specifically requires the exercise of Admission stated that ‘‘cases will continue to arise discretion ‘‘in individual cases.’’ INA The Secretary of Homeland Security where there are extenuating section 212(d)(4), 8 U.S.C. 1182(d)(4) has broad discretionary authority, circumstances which justify the (permitting waiver of ‘‘[e]ither or both of subject to certain exceptions, to approve temporary admission of otherwise the requirements’’ of INA section the issuance of a nonimmigrant visa and inadmissible aliens, both for humane 212(a)(7)(B)(i), 8 U.S.C. 1182(a)(7)(B)(i)). the temporary admission into the reasons and for reasons of public The lack of comparable language United States of an alien inadmissible interest.’’ S. Rep. No. 1137, 82d Cong., limiting the Secretary’s authority under due to many of the existing grounds of 2d Sess. 12 (1952). This statement of INA section 212(d)(3)(A), 8 U.S.C. inadmissibility, including HIV Congressional understanding and 1182(d)(3)(A), indicates that Congress infection. See INA section 212(d)(3)(A), purpose has continued validity today did not intend to prohibit the Secretary 8 U.S.C. 1182(d)(3)(A). Pursuant to INA and supports the proposed streamlined from exercising his authority on a section 212(d)(3)(A), 8 U.S.C. process for authorizing, on a categorical categorical basis under this section. 1182(d)(3)(A), the Secretary of basis, issuance of a nonimmigrant visa DHS has previously granted blanket Homeland Security may not authorize and temporary admission to the United authorization under INA section issuance of a nonimmigrant visa or States for HIV-positive aliens seeking 212(d)(3)(A), 8 U.S.C. 1182(d)(3)(A), for admission into the United States of an admission to the United States under B– specific, limited purposes, such as to otherwise inadmissible alien if the 1 (business visitor) or B–2 (visitor for permit HIV-positive aliens to attend alien’s inadmissibility is based on pleasure) nonimmigrant status who particular events, including the Salt certain security or terrorism related satisfy the conditions discussed below. Lake City Olympic games, the United grounds, specifically INA sections The Secretary may exercise his Nations General Assembly Special 212(a)(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), discretion by rulemaking rather than on Session on HIV/AIDS in 2001, various (3)(C), (3)(E)(i), and (3)(E)(ii), 8 U.S.C. a case-by-case basis. As the Supreme Universal Fellowship of Metropolitan 1182(a)(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), Court noted, ‘‘[e]ven if a statutory Community Churches events, and the (3)(C), (3)(E)(i), and (3)(E)(ii). The scheme requires individualized 2006 Gay Games in Chicago. The Secretary is not prohibited from determinations * * *, the legislative history of INA section authorizing the issuance of a decisionmaker has the authority to rely 212(d)(3), 8 U.S.C. 1182(d)(3), suggests nonimmigrant visa or admission if the on rulemaking to resolve certain issues that DHS should apply the provision alien’s inadmissibility is based on HIV of general applicability unless Congress where ‘‘there are extenuating infection under INA section clearly expresses an intent to withhold circumstances which justify the 212(a)(1)(A), 8 U.S.C. 1182(a)(1)(A) that authority.’’ Lopez v. Davis, 531 U.S. temporary admission of otherwise (health-related grounds). 230, 243–44 (2001) (quoting American admissible aliens, both for humane The Secretary of Homeland Security Hosp. Ass’n v. NLRB, 499 U.S. 606, 612 reasons and for reasons of public may authorize issuance of a (1999)) (emphasis added). See also id. at interest.’’ S. Rep. No. 1137, supra, at 12. nonimmigrant visa and temporary 244 (noting that purely case-by-case Authorization on a categorical basis, as admission to the United States (see INA decision making ‘‘could invite proposed by this rule, would require section 212(d)(3)(A)(i), 8 U.S.C. favoritism, disunity, and approval only by the consular officer or 1182(d)(3)(A)(i), and 8 CFR 212.4(a)) or inconsistency’’). Accordingly, ‘‘it is a the Secretary of State, provided that all authorize temporary admission only well-established principle of requirements and conditions are (see INA section 212(d)(3)(A)(ii), 8 administrative law that an agency to satisfied; authorization under more U.S.C. 1182(d)(3)(A)(ii), and 8 CFR whom Congress grants discretion may expansive terms and conditions will 212.4(b)). Nonimmigrant aliens may elect between rulemaking and ad hoc still require individualized, case-by-case seek a nonimmigrant visa and adjudication to carry out its mandate.’’ consideration by DHS. temporary admission to the United Yang v. INS, 79 F.3d 932, 936 (9th Cir.), States from a consular officer or the cert. denied, 519 U.S. 824 (1996). VI. Current DHS Policy Secretary of State. An alien who is Absent an indication of contrary DHS policy currently allows applying for a nonimmigrant visa and is Congressional intent in the INA, the otherwise inadmissible aliens, pursuant known, or believed by, the consular Secretary of Homeland Security may to INA section 212(d)(3)(A), 8 U.S.C. officer to be ineligible for a visa, may, determine to exercise discretion under 1182(d)(3)(A), to apply for admission on after approval by the Secretary of INA section 212(d)(3)(A), 8 U.S.C. a case-by-case basis by employing a Homeland Security of a 1182(d)(3)(A), on a categorical basis, to balancing test involving several factors recommendation by the Secretary of authorize issuance of a nonimmigrant (regardless of whether the authorization State or by the consular officer that the visa to, and admission of, otherwise is applied for before a consular officer, alien be admitted temporarily despite inadmissible aliens, including aliens the Secretary of State or directly to his inadmissibility, be granted such a inadmissible due to HIV infection. DHS). Consideration is given to the risk visa and may be admitted into the Unlike other provisions governing the of harm to society if the applicant is United States temporarily in the Secretary of Homeland Security’s admitted into the United States, the discretion of the Secretary of Homeland authority to waive grounds of seriousness of any immigration law or Security. [0] An applicant who has inadmissibility, the language of INA criminal law violations (the basis for already been issued a nonimmigrant section 212(d)(3)(A) does not clearly inadmissibility), and the nature of the visa (or who has been granted a waiver limit the Secretary’s exercise of reason for travel. See Matter of Hranka, of the nonimmigrant visa requirement) discretion under that provision to case- 16 I&N Dec. 491 (BIA 1978). These are

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general criteria applicable to any conference and will not exceed ten behavior and medically-prescribed application for authorization under INA days. treatment protocols; was able to section 212(d)(3)(A), 8 U.S.C. Under the current policy, these demonstrate availability once in the 1182(d)(3)(A). This proposed rule would criteria are applied on a case-by-case United States of an adequate supply of incorporate current policy further basis to applications (or a consular antiretroviral medications if medically developed in a series of instructions officer’s or the Secretary of State’s appropriate; and was not likely to from the former Immigration and recommendation) for authorization for require assistance that would result in Naturalization Service (INS) and the admission. In practice, DHS, the any cost incurred by any level of Department of Justice. Department of State (DOS), and the government agency in the United States In cases involving HIV-positive aliens, Department of Justice (DOJ)(through the without the prior consent of that agency. DHS policy requires that consideration former Immigration and Naturalization HHS and its components also have be given to whether: (1) The danger to Service (INS)) have denied very few gained considerable expertise regarding the public health is minimal, (2) the applications (or recommendations) for the threat to the public posed by HIV- possibility of the transmission of the authorization for admission when the positive individuals. HHS has expressed infection is minimal, and (3) any cost specific criteria for short stays of up to the view that present DHS policy has will be incurred by any level of thirty days were satisfied or when the provided adequate protection to the government agency in the United States Secretary of HHS initiated the public health of the United States and (local, state, or federal) without the prior designated-event waiver for visits of up HIV-positive aliens who are aware of consent of that agency. Consular officers to ten days. However, some applications their medical conditions, receive must find (based on evidence provided have been denied when the applicant appropriate medical counseling, and are by the applicant that satisfies reviewing failed to meet all relevant criteria, e.g., in compliance with medically officials) that the former two factors are when an applicant refused to provide appropriate treatment protocols and no more than minimal and that there adequate assurance that he or she would medically advised behavior have will not be a cost to an agency absent comply with medical advice against presented little risk to the public health prior consent. engaging in behavior that would risk in the United States. Other specific instructions clarify that transmitting the infection to others. nonimmigrant visas may be granted and In addition, under the general criteria, VIII. Presidential Directive Predicating temporary admission may be provided as applied in practice to HIV-positive This Rulemaking to short-term nonimmigrant individuals applicants for admission, these On December 1, 2006, President Bush with HIV who establish that their entry applicants must establish that they are directed the Secretary of State to request into the United States, for up to thirty aware of their HIV positive condition, that the Secretary of Homeland Security days, would confer a public benefit that have received (and are following) initiate a rulemaking that would outweighs any risk to the public health. adequate medical counseling, are propose a categorical waiver of A sufficient public benefit can include currently under medical care, and are inadmissibility for aliens who are HIV- attendance at academic or health-related traveling to the United States with, or positive and who seek to enter the activities (including seeking medical will have access to, a supply of drugs, United States on short-term visas. In treatment), conducting temporary as medically appropriate, that is furtherance of the President’s directive, business in the United States, or visiting adequate to cover the length of the Secretary of State Rice, by letter dated close family members in the United anticipated stay. The applicant also June 6, 2007, recommended that the States. Currently, applicants whose must be able to demonstrate that he or Secretary of Homeland Security grant a situations do not fit the specific she has adequate insurance, which is limited waiver of inadmissibility under circumstances of these clarifying accepted in the United States, or other the INA to persons who are currently instructions, such as those entering for financial means available to cover inadmissible to the United States solely periods of more than thirty days or for anticipated medical expenses. due to their HIV-positive condition. tourism purposes alone, must apply for VII. Experience Gained Secretary Rice specifically case-by-case consideration and recommended a waiver for persons who authorization. These applicants must During the twenty years since seek short-term B–1 and B–2 visas and satisfy the more general criteria of the Congress directed HHS to add infection do not have active, contagious, general policy (risk of harm to society, with HIV to the list of dangerous symptomatic infections associated with seriousness of immigration/criminal contagious diseases, thus adding HIV or AIDS. violations, reason for travel), as these infection with HIV as a ground of DHS shares the President’s and criteria apply to all situations. inadmissibility under the INA, the Secretary Rice’s firm commitment to Determination of the risk of harm to Executive Branch has gained enable, on a categorical basis, the society includes whether the danger to considerable experience in deciding admission into the United States for the public health and the possibility of when to allow the admission of short visits of HIV-positive aliens, who transmission of the infection are nonimmigrant aliens with HIV do not exhibit symptoms indicative of minimal and whether there will be any infection. The history of this period has an active AIDS-related condition that is cost incurred by any level of shown that DHS and the Department of contagious, through a permanent, government agency in the United States. Justice have consistently approved DOS streamlined process that employs In addition, supplemental consular recommendations that standardized criteria as opposed to the instructions provide that DHS may grant nonimmigrant visas be granted to aliens current case-by-case, individualized authorization for admission whenever with HIV infection when the applicant: process. the Secretary of HHS advises that Sought to travel to the United States for attendance at a scientific, professional, thirty days or less for a lawful purpose IX. The Proposed Rule or academic conference in the United consistent with the business visitor or DHS is proposing, on a categorical States is in the public interest, and the tourist nonimmigrant classification; had basis under new provisions of 8 CFR alien establishes that his or her visit to been diagnosed with HIV infection; had 212.4(f), to authorize issuance of visas the United States is for the purpose of received medical counseling; was in and admission of nonimmigrant aliens seeking admission to such a designated compliance with medically-advised who are currently inadmissible to the

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United States solely due to their HIV- condition that is contagious or that illness at any time while in the United positive status. DHS is proposing this requires urgent treatment. States. These two factors lead to a third categorical authorization to allow In cases involving HIV-positive aliens, factor: The applicant must establish that application for admission to the United DHS policy requires that consideration his or her admission will not create any States under B–1 (business visitor) or B– be given to whether: (1) The danger to cost to the United States, or a state or 2 (visitor for pleasure) status for a the public health is minimal, (2) the local government, or any agency thereof, period not to exceed thirty days if the possibility of the transmission of the without the prior written consent of that applicant establishes specific facts and infection is minimal, and (3) any cost agency. meets certain conditions. will be incurred by any level of (5) Temporary Admission. The government agency in the United States proposed categorical treatment, like the A. Safeguards (local, state, or federal) without the prior individualized treatment under current This proposed rule does not conflict consent of that agency. Consular officers DHS policy, is designed only for a with Congress’ restriction regarding HIV must find (based on evidence provided temporary admission. Accordingly, the as a communicable disease of public by the applicant that satisfies reviewing applicant must establish that he or she health significance and is consistent officials) that the former two factors are is seeking admission solely for activities with Congress’ humanitarian purpose in no more than minimal and that there that are consistent with the B–1 enacting INA section 212(d)(3)(A), 8 will not be a cost to an agency absent (business visitor) or B–2 (visitor for U.S.C. 1182(d)(3)(A). The proposed prior consent. pleasure) nonimmigrant classifications. regulations demonstrate DHS’s (2) Understanding. The applicant Travel for tourism only is an activity recognition of the seriousness of HIV must establish that he or she is aware of, consistent with this categorical infection and, at the same time, comply understands, and has been counseled on admission. The applicant must with the statute by prescribing the nature and severity of his or her understand that because of his or her ‘‘conditions * * * to control and medical condition. As part of this inadmissibility, he or she is not eligible regulate the admission and return of process, the applicant also must to seek admission under the Visa inadmissible aliens applying for establish that he or she has been Waiver Program. INA section 217, 8 temporary admission.’’ INA section counseled on and is aware of the U.S.C. 1187. Under current statutes and 212(d)(3)(A), 8 U.S.C. 1182(d)(3)(A). communicability of his or her medical regulations, all HIV-positive applicants Thus, under the proposed rule, an HIV- condition, including the fact that the for admission from Visa Waiver Program positive applicant for a nonimmigrant applicant must not donate blood or countries must apply for and be granted visitor visa would be required to satisfy blood components. a visa to be admitted to the United criteria designed to ensure that the risk (3) Limited potential health danger. States. The applicant must also to the public health is minimized to the The applicant must establish that his or understand and agree that no single greatest reasonable extent and that no her admission to the United States for admission to the United States will be cost will be imposed on any level of a short duration poses minimal risk of for more than thirty days. Because the government in the United States (local, danger to the public health in the proposed regulations apply to a specific state, federal) without prior consent of United States. The applicant must ground of inadmissibility, the applicant a government agency. The short establish that his or her admission poses must establish that no other ground of duration of admission under the a minimal risk of danger of transmission inadmissibility applies. Authorization proposed regulations, and the various of the infection to any other person in for admission may not be granted if any conditions designed to control the the United States through other ground of inadmissibility exists. If alien’s temporary stay and ensure his or demonstration of knowledge of the the applicant requires an additional her return, minimize the risk of disease routes of transmission of HIV, including waiver of inadmissibility, the applicant transmission in the United States, as sexual contact, sharing needles, and must use the process described in either well as the risk of increased burden on blood transfusions. 8 CFR 212.4(a) or (b), as applicable. our public health resources. HIV- (4) Continuity of health care. As with (6) Enforcement of the Authorization positive aliens not meeting the criteria existing policy, admission is contingent Agreement. As this authorization for under the proposed regulations would upon assurances that the applicant will admission is being granted for a narrow, still be able to seek individualized (case- not impose costs on the health care limited purpose, DHS believes that the by-case) consideration for admission system of the United States. applicant must agree to certain pursuant to INA section 212(d)(3)(A), 8 Accordingly, the applicant must conditions. DHS believes that the U.S.C. 1182(d)(3)(A), under current DHS establish that he or she has, or will have applicant must understand and agree in policy. access to, an adequate supply of writing, once the Department of State antiretroviral drugs if medically issues a waiver form, that he or she, for B. Specific Conditions of Admission, appropriate for the anticipated stay in Control, and Return the purpose of admission pursuant to the United States. The Food and Drug this waiver, is waiving the opportunity The proposed rule includes specific Administration (FDA) has developed to apply for any extension of requirements (based in part on criteria enforcement policies under which it nonimmigrant stay, a change of discussed above), which are set forth may exercise its enforcement discretion nonimmigrant status, or adjustment of here by type. not to interdict the importation of status to that of permanent resident,1 (1) Medical etiology. A visa applicant, unapproved medications for personal whether filed affirmatively with DHS or who has tested positive for HIV, must use in such circumstances. See http:// defensively in response to an action for show a controlled state of HIV infection _ www.fda.gov/ora/compliance ref/rpm/ removal. DHS alternatively solicits such that there is no anticipated need chapter9/ch9-2.html. comments on whether consular officers for additional medical care during the Moreover, the applicant must may orally advise or provide written applicant’s visit to the United States. A establish that he or she possesses notification to the applicant that he or controlled state of HIV infection means sufficient assets or insurance, that is that the applicant does not exhibit, at accepted in the United States, that 1 Nothing within this proposed rule would the time of application, symptoms would cover any medical care that the prohibit an alien from applying for an immigrant indicative of an active AIDS-related applicant might require in the event of visa before a consular officer abroad.

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she has waived the opportunity to apply waived, and is approved at the already have facially valid for any extension of nonimmigrant stay, discretion of the Secretary of Homeland nonimmigrant visas or for whom the a change of nonimmigrant status, or Security. nonimmigrant visa requirement is adjustment of status to that of These existing processes require waived would be able to benefit from permanent resident in lieu of the action by DHS upon submission of the proposed amendment to 8 CFR applicant executing a written waiver of eligibility information (the same kind of 212.4(e). these opportunities. If the applicant information that is required under the XI. Statutory and Regulatory Reviews chooses not to waive the opportunity to proposed regulations) that must be apply for any extension of reviewed, evaluated, and ruled upon on A. Regulatory Flexibility Act. nonimmigrant stay, a change of a case-by-case (or individualized) basis. DHS has reviewed the proposed rule nonimmigrant status, or adjustment of In contrast, the proposed regulation in accordance with the Regulatory status to that of permanent resident, the would authorize a consular officer or Flexibility Act (5 U.S.C. 601 et seq.), applicant is not eligible for the the Secretary of State to categorically and, by approving it, certifies that this streamlined process delineated in this grant a nonimmigrant visa and authorize rule will not have a significant proposed rule. However, the applicant the applicant to apply for admission economic impact on a substantial may still elect a case-by-case into the United States, notwithstanding number of small entities. The individual determination of his or her eligibility for an applicant’s inadmissibility due to aliens to whom this rule applies are not a waiver of the nonimmigrant visa HIV infection, if the applicant meets small entities as that term is defined in requirements for aliens afflicted with applicable requirements and conditions, 5 U.S.C. 601(6). Thus, the RFA does not without the additional step of seeking HIV. apply. Furthermore, under the proposed review and decision by DHS prior to rule, an applicant must understand and granting of the nonimmigrant visa. B. Unfunded Mandates Reform Act of agree that any failure to comply with Using a categorical authorization would 1995 conditions of admission will make him/ provide a more streamlined and quicker The proposed rule will not result in her permanently ineligible for process for obtaining temporary the expenditure by State, local, and authorization for admission under the admission under INA section tribal governments, in the aggregate, or proposed regulations. 212(d)(3)(A)(i), 8 U.S.C. 1182(d)(3)(A)(i). by the private sector, of $100 million or (7) Duration. The nonimmigrant visa X. Other Proposed Amendment more in any one-year, and it will not issued to the applicant will be valid for significantly or uniquely affect small DHS also is proposing to amend 8 twelve months or less and may be used governments. Therefore, no actions were CFR 212.4(e) to reflect changes in the for a maximum of two applications for deemed necessary under the provisions grounds of inadmissibility brought admission. The authorized period of of the Unfunded Mandates Reform Act stay will be for thirty calendar days about by the Immigration Act of 1990. of 1995. calculated from the initial admission Section 212.4(e) authorizes the under this visa. The holder of the temporary admission of a nonimmigrant C. Executive Order 12866 nonimmigrant visa will be permitted to visitor notwithstanding inadmissibility This rule has been determined to be apply for admission at a United States under INA section 212(a)(1), if the alien a significant regulatory action under port of entry at any time during the is accompanied by a member of his or Executive Order 12866, section 3(f), validity of the visa if he or she is her family or a guardian. Prior to June Regulatory Planning and Review. otherwise admissible in B–1 (business 1, 1991, INA section 212(a)(1) made Accordingly, this regulation has been visitor) or B–2 (visitor for pleasure) excludable from the United States aliens submitted to the Office of Management nonimmigrant status. who were ‘‘mentally retarded.’’ Effective and Budget for review. There are no June 1, 1991, the Immigration Act of new costs to the public associated with C. Benefit of the Proposed Regulations 1990 reorganized all medical grounds of this rule. This rule does not create any An alien inadmissible to the United excludability into a new general new or additional requirements. States due to HIV infection under INA provision, INA section 212(a)(1). The section 212(a)(1)(A)(i), 8 U.S.C. references in 8 CFR 212.4(e) to INA D. Executive Order 13132 1182(a)(1)(A)(i) (or any other ground of section 212(a)(1) were never updated. The proposed rule will not have inadmissibility under section 212(a), 8 There is no present ground of substantial direct effects on the States, U.S.C. 1182(a), except (3)(A)(i)(I), inadmissibility for aliens who are on the relationship between the national (3)(A)(ii), (3)(A)(iii), (3)(C), (3)(E)(i), or ‘‘mentally retarded.’’ However, INA government and the States, or on the (3)(E)(ii)), has been, and is currently, sections 212(a)(1)(A)(iii)(I) and distribution of power and able to apply for admission pursuant to 212(a)(1)(A)(iii)(II), 8 U.S.C. responsibilities among the various INA section 212(d)(3)(A), 8 U.S.C. 1182(a)(1)(A)(iii)(I) and 8 U.S.C. levels of government. Therefore, in 1182(d)(3)(A), under either 8 CFR 1182(a)(1)(A)(iii)(II), make inadmissible accordance with section 6 of Executive 212.4(a) or (b). Although authorization aliens who have, or have had, a mental Order 13132, this rule does not have for admission pursuant to 8 CFR disorder with associated threatening or sufficient federalism implications to 212.4(a) is sought from a consular harmful behavior. DHS is proposing to warrant the preparation of a federalism officer or the Secretary of State, it is an amend 8 CFR 212.4(e) by replacing the summary impact statement. application for issuance of a references to INA section 212(a)(1) with nonimmigrant visa and temporary references to the current INA sections E. Executive Order 12988 admission that requires the approval of relating to the grounds of The proposed rule meets the the Secretary of Homeland Security. inadmissibility for aliens with mental applicable standards set forth in Authorization for admission pursuant to disorders, INA sections sections 3(a) and 3(b)(2) of Executive 8 CFR 212.4(b) is applied for, with 212(a)(1)(A)(iii)(I) and Order 12988, Civil Justice Reform. payment of a fee, directly to DHS (on 212(a)(1)(A)(iii)(II). As neither the Form I–192) by an alien who already current nor the proposed regulations F. Paperwork Reduction Act has a nonimmigrant visa, or for whom authorize the granting of a Under the Paperwork Reduction Act the nonimmigrant visa requirement is nonimmigrant visa, only aliens who of 1995, Public Law 104–13, all

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Departments are required to submit to (f) Inadmissibility under section visitor) or B–2 (visitor for pleasure) OMB, for review and approval, any 212(a)(1) for aliens inadmissible due to nonimmigrant classification; reporting and recordkeeping HIV. (viii) The applicant is aware that no requirements inherent in a rule. This (1) General. Pursuant to the authority single admission to the United States rule does not impose any new reporting in section 212(d)(3)(A)(i) of the Act, any will be for a period that exceeds 30 or recordkeeping requirements under alien who is inadmissible under section days; the Paperwork Reduction Act. 212(a)(1)(A)(i) of the Act due to (ix) The applicant is otherwise infection with the etiologic agent for admissible to the United States and no List of Subjects acquired immune deficiency syndrome other ground of inadmissibility applies; 8 CFR Part 100 (HIV infection) may be issued a B–1 (x) The applicant is aware that he or Organization and functions (business visitor) or B–2 (visitor for she cannot be admitted under section (Government agencies). pleasure) nonimmigrant visa by a 217 of the Act (Visa Waiver Program); consular officer or the Secretary of State, (xi) The applicant is aware that any 8 CFR Part 212 and be authorized for temporary failure to comply with any condition of Administrative practice and admission into the United States for a admission set forth under this paragraph procedure, Aliens, Immigration, period not to exceed thirty days, (f) will thereafter make him or her Passports and visas. provided that the authorization is ineligible for authorization under this granted in accordance with paragraphs paragraph; and Proposed Amendments to the (f)(2) through (f)(7) of this section. (xii) The applicant, for the purpose of Regulations Application under this paragraph (f) admission pursuant to a waiver under For the reasons stated in the may not be combined with any other this paragraph (f), waives any preamble, parts 100 and 212 of chapter waiver of inadmissibility. opportunity to apply for an extension of I of title 8 of the Code of Federal (2) Conditions. An alien with HIV nonimmigrant stay, a change of Regulations (8 CFR parts 100 and 212) infection who applies for a nonimmigrant status, or adjustment of are proposed to be amended as follows: nonimmigrant visa before a consular status to that of permanent resident; officer may be issued a B–1 (business (3) Nonimmigrant visa. A PART 100—STATEMENT OF visitor) or B–2 (visitor for pleasure) nonimmigrant visa issued to the ORGANIZATION nonimmigrant visa and admitted to the applicant for purposes of temporary 1. The general authority citation for United States for a period not to exceed admission under section 212(d)(3)(A)(i) part 100 continues to read as follows: thirty days, provided that the applicant of the Act and this paragraph (f) may not establishes that: be valid for more than 12 months or for Authority: 8 U.S.C. 1103; 8 CFR part 2. (i) The applicant has tested positive more than two applications for § 100.7 [Amended] for HIV; admission during the 12 month period. 2. Section 100.7 is amended by (ii) The applicant is not currently The authorized period of stay will be for removing the citation ‘‘212.4(g)’’ in the exhibiting symptoms indicative of an thirty calendar days calculated from the list of parts and sections and adding in active, contagious infection associated initial admission under this visa. its place the citation ‘‘212.4(h)’’. with acquired immune deficiency (4) Application at U.S. port. If syndrome; otherwise admissible, a holder of the PART 212—DOCUMENTARY (iii) The applicant is aware of, has nonimmigrant visa issued under section REQUIREMENTS; NONIMMIGRANTS; been counseled on, and understands the 212(d)(3)(A)(i) of the Act and this WAIVERS; ADMISSION OF CERTAIN nature, severity, and the paragraph (f) is authorized to apply for INADMISSIBLE ALIENS; PAROLE communicability of his medical admission at a United States port of condition; entry at any time during the period of 3. The general authority citation for (iv) The applicant’s admission poses a validity of the visa in only the B–1 part 212 continues to read as follows: minimal risk of danger to the public (business visitor) or B–2 (visitor for Authority: 8 U.S.C. 1101 and note, 1102, health in the United States and poses a pleasure) nonimmigrant categories. 1103, 1182 and note, 1184, 1187, 1223, 1225, minimal risk of danger of transmission (5) Admission limited. 1226, 1227; 8 U.S.C. 1185 note (section 7209 of the infection to any other person in Notwithstanding any other provision of of Pub. L. 108–458). the United States; this chapter, no single period of * * * * * (v) The applicant will have in his or admission under section 212(d)(3)(A)(i) 4. Section 212.4 is amended by: her possession, or will have access to, of the Act and this paragraph (f) may be a. In paragraph (e), removing the as medically appropriate, an adequate authorized for more than 30 days. citation ‘‘212(a)(1)’’ in the paragraph supply of antiretroviral drugs for the (6) Failure to comply. No text and adding in its place anticipated stay in the United States and authorization under section ‘‘212(a)(1)(A)(iii)’’, and removing the possesses sufficient assets, such as 212(d)(3)(A)(i) of the Act and this citation ‘‘212(a)(1) of the Act’’ and insurance that is accepted in the United paragraph (f) may be provided to any adding in its place ‘‘212(a)(1)(A)(iii)(I) States, to cover any medical care that alien who has previously failed to or (II) of the Act due to a mental the applicant may require in the event comply with any condition of an disorder and associated threatening or of illness at any time while in the admission authorized under this harmful behavior’’; b. Redesignating paragraphs (f), (g), United States; paragraph. (h), and (i) as paragraphs (g), (h), (i), and (vi) The applicant’s admission will (7) Additional limitations. The (j) and adding new paragraph (f) to read not create any cost to the United States, Secretary of Homeland Security or the as follows: or a state or local government, or any Secretary of State may require agency thereof, without the prior additional evidence or impose § 212.4 Applications for the exercise of written consent of the agency; additional conditions on granting discretion under section 212(d)(1) and (vii) The applicant is seeking authorization for temporary admissions 212(d)(3). admission solely for activities that are under this paragraph (f) as international * * * * * consistent with the B–1 (business conditions may indicate.

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(8) Option for case-by-case Microsoft Word (.doc) format. Faxed reporting rules at 11 CFR Part 104. The determination. If the applicant does not comments must be sent to (202) 219– proposed reporting requirements would meet the criteria under this paragraph 3923, with paper copy follow-up. Paper apply only to authorized committees of (f), or does not wish to agree to the comments and paper copy follow-up of Federal candidates, political committees conditions for the streamlined 30-day faxed comments must be sent to the of political parties, and political visa under this paragraph (f), the Federal Election Commission, 999 E committees directly or indirectly applicant may elect to utilize the Street, NW., Washington, DC 20463. All established, financed, maintained or process described in either paragraph (a) comments must include the full name controlled by a candidate or an or (b) of this section, as applicable. and postal service address of the individual holding Federal office commenter or they will not be * * * * * (‘‘leadership PACs’’ 3). considered. The Commission will post Michael Chertoff, comments on its Web site after the I. Background Secretary. comment period ends. A. The Current Statutory and Regulatory [FR Doc. E7–21841 Filed 11–5–07; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. Framework BILLING CODE 9111–14–P Amy L. Rothstein, Assistant General Counsel, or Ms. Cheryl A.F. Hemsley, Currently, the Act and Commission Attorney, 999 E Street, NW., regulations impose certain reporting and FEDERAL ELECTION COMMISSION Washington, DC 20463, (202) 694–1650 recordkeeping requirements for or (800) 424–9530. contributions received and forwarded 11 CFR Parts 100 and 104 SUPPLEMENTARY INFORMATION: The by any person to a political committee. [Notice 2007–23] Commission is proposing changes to its Each person who receives and forwards rules to implement section 204 of Public contributions to a political committee Law 110–81, 121 Stat. 735, the ‘‘Honest Reporting Contributions Bundled by must also forward certain information Leadership and Open Government Act Lobbyists, Registrants and the PACs identifying the original contributor. See of Lobbyists and Registrants of 2007,’’ signed September 14, 2007. The new law amended the Federal 2 U.S.C. 432(b); 11 CFR 102.8. AGENCY: Federal Election Commission. Election Campaign Act of 1971, as Additionally, 2 U.S.C. 441a(a)(8) and ACTION: Notice of proposed rulemaking. amended (2 U.S.C. 431 et seq.) (‘‘the 11 CFR 110.6 impose certain reporting Act’’) by requiring certain political and recordkeeping requirements for SUMMARY: The Federal Election committees to disclose information contributions received and forwarded Commission requests comments on about each lobbyist and registrant, and by persons known as ‘‘conduits’’ or proposed rules implementing new each political committee established or ‘‘intermediaries’’ to the authorized statutory provisions regarding the controlled by a lobbyist or registrant committees of Federal candidates. The 1 disclosure of information about bundled (‘‘lobbyist/registrant PAC’’ ), that Commission is not proposing any contributions provided by certain forwards, or is credited with raising, changes to these rules. lobbyists and registrants. The proposed two or more bundled contributions rules would require authorized aggregating in excess of $15,000 during B. Revisions to 2 U.S.C. 434(i)— committees, leadership PACs and a specific period of time.2 See 2 U.S.C. Reporting Requirements political committees of political parties 434(i) (henceforth referred to as the to disclose certain information about ‘‘new law’’ or ‘‘new 2 U.S.C. 434(i)’’). New 2 U.S.C. 434(i) requires lobbyists and registrants and lobbyists’ The Commission uses the term authorized committees of Federal and registrants’ political committees ‘‘lobbyist/registrant’’ to refer to candidates, leadership PACs and that provide bundled contributions. No registrants and lobbyists under the political committees of political parties final decisions have been made by the Lobbying Disclosure Act of 1995 to disclose certain information about Commission on any of the proposed (‘‘LDA’’). any person reasonably known by the regulations in this Notice. Further The Commission proposes to committee to be a lobbyist/registrant or information is provided in the implement these provisions by adding a lobbyist/registrant PAC that forwards, or supplementary information that follows. new subparagraph to 11 CFR 100.5(e) is credited with raising, two or more DATES: Comments must be received on and adding a new section to the bundled contributions aggregating in or before November 30, 2007. The excess of $15,000 to the committee Commission will announce the date of 1 ‘‘PAC’’ is an acronym often used to refer to a political action committee other than an authorized within a ‘‘covered period’’ of time. 2 a hearing at a later date. Anyone seeking committee or a political committee of a political U.S.C. 434(i)(1), (2), (3) and (8). to testify at the hearing must file written party. Reporting committees must disclose the comments by the due date and must 2 As discussed infra, the new law requires the name and address of the lobbyist/ include in the written comments a reporting of information about certain bundled contributions that have been ‘‘provided’’ to certain registrant or lobbyist/registrant PAC, the request to testify. political committees, and defines a ‘‘bundled lobbyist/registrant’s employer (for ADDRESSES: All comments must be in contribution’’ as a contribution that is either individual persons), and the aggregate writing, must be addressed to Ms. Amy ‘‘forwarded’’ to the political committee by a lobbyist/registrant or lobbyist/registrant PAC, or amount of contributions bundled to the L. Rothstein, Assistant General Counsel, that is received by the political committee from the committee within the covered period. 2 and must be submitted in e-mail, contributor but ‘‘credited’’ to the lobbyist/registrant U.S.C. 434(i)(1). facsimile, or paper copy form. or lobbyist/registrant PAC that ‘‘raised’’ it. 2 U.S.C. 434(i)(1), (8)(A). To clarify that the reporting Commenters are strongly encouraged to requirement does not apply only to contributions 3 The new law provides a definition of leadership submit comments by e-mail or fax to that have been provided directly to a political PAC that the Commission proposed to implement ensure timely receipt and consideration. committee by a lobbyist/registrant or lobbyist/ as 11 CFR 100.5(e)(6) in a separate rulemaking E-mail comments must be sent to registrant PAC, this NPRM describes the reporting regarding candidate travel. See 72 FR 59953 requirement as applying to lobbyist/registrants or (October 23, 2007). The Commission assumes that [email protected]. If e-mail comments lobbyist/registrant PACs that have either forwarded, a definition will be promulgated in the travel include an attachment, the attachment or that have been credited with raising, bundled rulemaking before these disclosure rules are must be in Adobe Acrobat (.pdf) or contributions. promulgated and thus, cites to 11 CFR 100.5(e)(6).

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II. Proposed Revisions to 11 CFR 100.5. Question 5 (‘‘Type of Committee (Check frequently than on a quarterly basis 5 to Political Committee (2 U.S.C. 432(4), One)’’). How should an organization disclose information about lobbyist/ (5), (6); 2 U.S.C. 434(i)(7)(C) and (8)(B)) that is both an SSF and a ‘‘lobbyist/ registrants who provide bundled Currently, 11 CFR 100.5(e) provides registrant PAC’’ identify itself on FEC contributions in excess of $15,000 on a examples of types of political reports? Should one type of registration quarterly basis, rather than monthly. See committees. Proposed 11 CFR control? Alternatively, should the 2 U.S.C. 434(i)(5)(A). 100.5(e)(7) would add the term Commission allow committees to The Commission presents both a ‘‘lobbyist/registrant PAC’’ as an identify themselves as more than one proposed and an alternative definition example, and would define the term as type of committee? Of note, allowing of ‘‘covered period.’’ Each definition ‘‘any political committee established or multiple registrations could affect the would exercise the Commission’s controlled’’ by a lobbyist/registrant, as Commission’s current disclosure statutory authority to place monthly defined in proposed 11 CFR processes. filers on the same schedule as 104.22(a)(3). This definition is The Commission also requests committees that file quarterly campaign consistent with the new law. See 2 comments on the placement of the finance reports. 2 U.S.C. 434(i)(5)(D). U.S.C. 434(i)(7)(C). Political committees definition of ‘‘lobbyist/registrant PAC’’ For ease of public consumption of that meet this definition would have to in 11 CFR 100.5(e), ‘‘examples of disclosed bundled contributions, identify themselves as such on their political committees,’’ as opposed to consistent disclosure periods would Statements of Organization. See 11 CFR placing this definition in proposed 11 provide the public with semi-annual 102.2(a)(1) (requiring each political CFR 104.22. aggregate snapshots for all categories of committee to disclose its name, address filers. Does the language in 2 U.S.C. III. Proposed New 104.22. Disclosure of and type on its Statement of 434(i)(5)(A) permit the Commission also Bundling by Lobbyist/Registrants (2 Organization). Further, the Commission to require aggregate semi-annual U.S.C. 434(i)) anticipates that any political committee disclosure from these monthly filers? Should the Commission, instead, not that is already registered with the To implement the new disclosure exercise its statutory authority, and Commission and that fits this proposed requirements, the Commission is require monthly filers to disclose definition would be required to amend proposing to add new 11 CFR 104.22 to information about bundled its Statement of Organization to reflect its reporting regulations. its status as a lobbyist/registrant PAC.4 contributions on a monthly and semi- The Commission requests comments A. Definitions annual basis? See 2 U.S.C. 434(i)(2). on this approach. When would a 1. Reporting Committee a. Proposed Definition of ‘‘Covered nonconnected committee be considered Period’’ to be ‘‘controlled’’ by a lobbyist/ New 2 U.S.C. 434(i) adds reporting Under proposed 11 CFR registrant? Is a committee whose requirements for three types of political 104.22(a)(2)(i), the term ‘‘covered treasurer is a lobbyist/registrant per se committees: authorized committees of a period’’ would be the semi-annual ‘‘controlled’’ by the lobbyist/registrant? candidate, leadership PACs, and periods of January 1 through June 30 What if that treasurer serves only in a political party committees. 2 U.S.C. and July 1 through December 31. ministerial or custodial function? 434(i)(6). Proposed 11 CFR 104.22(a)(1) As discussed further in Part III, the would define the term ‘‘reporting Additionally, proposed 11 CFR law requires disclosure of bundling by committee’’ to encompass these three 104.22(a)(2)(ii) provides that in any either an individual who registers as a types of political committees, which are calendar year in which a reporting lobbyist under the LDA or a ‘‘registrant’’ defined in 11 CFR 100.5. The committee is required to file or files under that Act, which includes any Commission requests comments on this monthly or quarterly campaign finance organization that employs in-house new term, ‘‘reporting committee.’’ reports, the covered period would also include the quarterly periods of January lobbyists. Thus, the Commission 2. Covered Period proposes to define ‘‘lobbyist/registrant’’ 1 through March 31 and July 1 through to include both lobbyists and registrants New 2 U.S.C. 434(i) requires that September 30 if, during those periods, a under the LDA. Moreover, since the SSF reporting committees disclose lobbyist/registrant or a lobbyist/ of a corporation, labor organization or information about any lobbyist/ registrant PAC provided two or more other connected organization (see 11 registrant or lobbyist/registrant PAC that bundled contributions to the reporting CFR 100.6) that employs in-house forwards, or is credited with raising for committee which aggregate in excess of lobbyists would be, by definition, the committee, two or more bundled $15,000. Thus, under the proposed rule, any controlled by a registrant, the contributions aggregating in excess of committee that receives more than Commission proposes to include such $15,000 during any ‘‘covered period.’’ 2 $15,000 in bundled contributions from SSFs within the ambit of ‘‘lobbyist/ U.S.C. 434(i)(1), (2), (3) and (8). It a lobbyist/registrant or lobbyist/ registrant PACs.’’ The Commission defines ‘‘covered period’’ as January 1 registrant PAC during the first or third requests comment on this approach. through June 30, July 1 through The Commission currently requires December 31 ‘‘and * * * any reporting calendar quarter would have to disclose committees to identify themselves as period applicable to the committee information about the bundler twice: only one type of committee. See FEC under [2 U.S.C. 434] during which any 5 National committees of political parties Form 1 Statement of Organization, [lobbyist/registrant or lobbyist/registrant (including the national congressional campaign PAC] provided two or more bundled committees) must report monthly in all calendar 4 The Commission notes that this same contributions to the committee in an years. See 2 U.S.C. 434(a)(4)(B); 11 CFR 104.5(c)(4). identification requirement would apply to political aggregate amount greater than State, district and local committees of political committees that meet the definition of leadership parties are required to file monthly if they exceed PAC. See 11 CFR 100.5(e)(6). In conjunction with [$15,000].’’ 2 U.S.C. 434(i)(2). certain levels of Federal election activity. See 2 this rulemaking, the Commission anticipates The new law also provides the U.S.C. 434(e)(4); 11 CFR 300.36(c). Further, some amending FEC Form 1, the Statement of Commission with the authority to authorized committees of presidential candidates Organization, to include both ‘‘lobbyist/registrant are required to file monthly during presidential PAC’’ and ‘‘leadership PAC’’ as types of political require reporting committees filing their election years. See 2 U.S.C. 434(a)(3); 11 CFR committees. campaign finance reports more 104.5(b).

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once for the report covering the quarter June 30, July 1 through September 30, [LDA] [2 U.S.C. 1603(a)]; 6 an individual during which the committee received and October 1 through December 31. who is listed on a current registration the bundled contributions from a Under alternative 11 CFR filed under section 4(b)(6) of such Act lobbyist/registrant or lobbyist/registrant 104.22(a)(2)(ii), in any calendar year in [2 U.S.C. 1603(b)(6)] or a current report PAC, and again at the end of the six- which a reporting committee files semi- under section 5(b)(2)(C) of such Act [2 month period. annual reports, the covered period U.S.C. 1604(b)(2)(C)]; or a political For example, if lobbyist/registrant would also include the semi-annual committee established or controlled by PAC Z is credited with having raised periods of January 1 through June 30 such a registrant or individual.’’ 2 $20,000 for a reporting committee in the and July 1 through December 31. U.S.C. 434(i)(7). first quarter, then the reporting For example, if lobbyist/registrant Proposed 11 CFR 104.22(a)(3) would committee would disclose lobbyist/ PAC Z is credited with having raised create a new term, ‘‘lobbyist/registrant,’’ registrant PAC Z in its report covering $20,000 in the first quarter for a to encompass both current registrants the first quarter as having provided reporting committee that files on a and individuals listed on a current $20,000 in bundled contributions to the monthly or quarterly basis, then the registration or report filed under the committee. If, in the second quarter, the reporting committee would disclose LDA. As discussed above, the reporting committee credits lobbyist/ lobbyist/registrant PAC Z in its report Commission is proposing to add a registrant PAC Z with having raised covering the first quarter as having definition of ‘‘lobbyist/registrant PAC’’ another $5,000, the reporting committee provided $20,000 in bundled at 11 CFR 100.5(e)(7). would disclose on its semi-annual contributions to the committee. If, in the 4. Bundled Contributions report the entire $25,000 in bundled second quarter, the reporting committee Proposed 11 CFR 104.22(a)(4)(i) and contributions provided by lobbyist/ credits lobbyist/registrant PAC Z with (ii) would implement new 2 U.S.C. registrant PAC Z in the first two having raised another $5,000, the 434(i)(8)(A) by defining the term calendar quarters. The Commission reporting committee would not disclose ‘‘bundled contribution’’ as any requests comments on whether this is on its second quarter reports any contribution that a lobbyist/registrant or the correct reading of the statutory bundled contributions provided by lobbyist/registrant PAC forwards to the requirements, and whether this lobbyist/registrant PAC Z because the reporting committee from the duplicative reporting could lead to the second quarter bundled contributions mistaken impression that lobbyist/ contributor, or that the reporting fell below the $15,000 threshold for the committee receives from the contributor registrant PAC Z provided $45,000 second quarter reporting period. No rather than $25,000 to the committee but credits to the lobbyist/registrant or aggregate semi-annual reporting would lobbyist/registrant PAC through records, during the first two calendar quarters. be required. The Commission requests The Commission further requests designations, or other means of comments on whether this is a comments on whether there is a recognizing that a certain amount of permissible reading of the statutory statutory basis on which the money has been raised by the lobbyist/ requirements, and whether this Commission might consider some registrant or lobbyist/registrant PAC. alternative could lead to the under means of eliminating this duplicative Under proposed 11 CFR reporting of contributions that take reporting. For example, is there a 104.22(a)(4)(i), forwarded contributions place across quarterly reporting periods, statutory basis for the Commission to would satisfy the proposed definition of consider exempting reporting but within the semi-annual period. For ‘‘bundled contributions’’ regardless of committees from having to disclose example, under this alternative, a whether the bundler receives credit semi-annually information about lobbyist/registrant or lobbyist/registrant from the reporting committee. Would it lobbyist/registrants or lobbyist/ PAC could provide $15,000 in bundled be helpful to the regulated community registrant PACs providing bundled contributions to a reporting committee for the Commission to define the term contributions if the information was during each calendar quarter and the ‘‘forwarded’’ in the rule as, for instance, already fully disclosed in a prior report reporting committee would not have ‘‘arranging or causing the physical or filed with the Commission? Would this triggered the disclosure requirement electronic delivery or transmission of a approach be confusing or result in the under the new law. contribution’’? appearance of over-or under-reporting Additionally, in lieu of either the Under proposed 11 CFR the contributions bundled by lobbyist/ proposed rule or the alternative, the 104.22(a)(4)(ii), a contribution must be registrants or lobbyist/registrant PACs? Commission seeks comment on whether both received by the reporting Is the Commission’s interpretation reporting committees should report both committee and credited to a lobbyist/ consistent with the requirement in the semi-annual and quarterly information registrant or lobbyist/registrant PAC to new law that the Commission ‘‘provide at the end of each semi-annual period. satisfy proposed 11 CFR 104.22(a)(4)(ii). for the broadest possible disclosure of If, in the example above, in the second The mere crediting of a contribution to activities described in this subsection?’’ quarter lobbyist/registrant PAC Z a lobbyist/registrant or lobbyist/ provides the reporting committee with registrant PAC would not satisfy b. Alternative Definition of Covered $25,000 (having also provided $20,000 proposed 11 CFR 104.22(a)(4)(ii) if the Period in bundled contributions in the first contribution is not received. In the In the alternative, the Commission quarter), should the reporting committee alternative, should the amount credited requests comments on the following disclose that it received $45,000 for the control? With respect to these definition of ‘‘covered period.’’ semi-annual period, and also disclose Alternative 11 CFR 104.22(a)(2)(i) that it received $25,000 for the second 6 The Web sites of the Secretary of the Senate and quarter period? the Clerk of the House of Representatives provide would provide that in any calendar year the following guidance regarding who is a in which a reporting committee is 3. Lobbyist/Registrant and Lobbyist/ ‘‘registrant’’: A lobbying firm or an organization required to file or files reports on a Registrant PAC employing in-house lobbyists that files a quarterly or monthly basis under 11 registration pursuant to Section 4 of the Lobbying The new law applies only to Disclosure Act of 1995. See http://www.senate.gov/ CFR 104.5, the covered period would be legislative/common/briefing/ defined as quarterly periods of January contributions bundled by ‘‘a current lobby_disc_briefing.htm#3; http:// 1 through March 31, April 1 through registrant under section 4(a) of the lobbyingdisclossure.house.gov/lda_guide.html.

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contributions, should the rule apply to LDA. 153 CONG. REC. S10699 (daily ed. fundraising. Should service by an in-kind contributions as well? Aug. 2, 2007) (statements of Sen. individual on a host committee of a Proposed 11 CFR 104.22(a)(4)(iii) Feingold and Sen. Obama). On the other fundraising event serve as ‘‘designation states that bundled contributions do not hand, the section-by-section analysis or other means of recognizing that a include contributions from the personal states that the statute ‘‘covers only certain amount of money has been funds of the bundling person or that contributions credited to registered raised by the person’’? Should honorary person’s spouse. This provision would lobbyists.’’ 153 CONG. REC. S10709 titles within the reporting committee be be consistent with the new law, which (daily ed. Aug. 2, 2007). The deemed a ‘‘designation or other means excludes contributions made to the Commission requests comments on of recognizing that a certain amount of reporting committee by the lobbyist/ whether the new requirements should money has been raised by the person’’? registrant or lobbyist/registrant’s spouse cover employees who are agents of See 153 CONG. REC. 510699 (daily ed. from counting towards the $15,000 lobbyist/registrants or lobbyist/ Aug. 2, 2007) (statement of Sen. reporting threshold. See 2 U.S.C. registrant PACs, even if such Obama); id. at 510709. Would such an 434(i)(3)(A). individuals are not listed as registered approach encompass individuals who Proposed 11 CFR 104.22(a)(5) lobbyists under the LDA. How should have no actual role in fundraising? provides that the term ‘‘candidate the Commission give content to the Further, would any ‘‘other means of involved’’ means, for authorized statutory requirement that bundling by recognizing’’ have to be designated in committees, the candidate for whom the registrant organizations be disclosed? writing? committee is authorized; and for In addition, how should the new law The legislative history provides other leadership PACs, the candidate or be applied with regard to crediting guidance that the Commission has not individual holding Federal office who multiple lobbyist/registrants or lobbyist/ proposed as a part of new 11 CFR directly or indirectly establishes, registrant PACs involved in a single 104.22(a)(4). In a statement on the maintains, finances or controls the fundraiser? In a statement on the Senate Senate floor, Senator Feingold noted leadership PAC. This is consistent with floor, Senator Feingold stated that that a reporting committee must know the language of the new law in ‘‘when two or more lobbyists are jointly that a lobbyist/registrant or lobbyist/ describing who would credit, designate involved in providing the same bundled registrant PAC has raised a certain or otherwise recognize a lobbyist/ contributions—as for instance, in the amount, not just be generally aware that registrant or lobbyist/registrant PAC case of a fundraising event co-hosted by the lobbyist/registrant or lobbyist/ with having raised contributions in two or more lobbyists—then each registrant PAC has been fundraising. excess of $15,000 during the covered lobbyist is responsible for and should be Should the Commission include a period. See 2 U.S.C. 434(i)(8)(A)(ii). The treated as providing the total amount similar interpretation in the concept of Commission requests comments on raised at the event for purposes of credited? whether the proposed provision would applying the applicable threshold to the be helpful in providing guidance to the funds raised by that lobbyist’’ and for B. Reporting Requirement regulated community. reporting purposes. 153 CONG. REC. 1. Required Disclosure As noted above, the proposed S10699 (daily ed. August, 2, 2007) definition of ‘‘lobbyist/registrant’’ (statement of Sen. Feingold). Thus, the Proposed 11 CFR 104.22(b), consistent includes current registrants under Commission requests comments on how with the new law, requires reporting section 4(a) of the LDA (2 U.S.C. multiple hosts of a fundraiser should be committees to disclose on a new form 1603(a)). Such registrants are primarily credited by the reporting committee. For certain information about any person organizations that employ one or more example, if three lobbyist/registrants reasonably known to be a lobbyist/ lobbyists. jointly co-host a fundraiser that raises registrant or lobbyist/registrant PAC that Does the new law cover bundled $20,000 in contributions for Senator X, forwards, or is credited with raising, contributions provided by employees should each of the three co-hosts be two or more bundled contributions in and agents of organizations that are deemed to have raised the entire excess of $15,000 to the reporting registrants, when those individuals are $20,000 for reporting purposes? Would committee during the covered period. 2 not themselves lobbyist/registrants? Can this approach be misleading or U.S.C. 434(i)(1). Specifically, the an organization that is prohibited from inaccurate from a disclosure reporting committee must disclose the making contributions, such as a perspective? Should the sum total name of the lobbyist/registrant or corporation or a labor organization, but instead be prorated among the three co- lobbyist/registrant PAC, the address of nonetheless is a registrant, be credited hosts? the lobbyist/registrant or lobbyist/ with having raised contributions? Proposed 11 CFR 104.22(a)(6) would registrant PAC, the employer of the There is seemingly some incongruity explain the meaning of ‘‘designations or lobbyist/registrant who provided the in statements made by some of the new other means of recognizing.’’ The bundled contributions (for individual law’s supporters and the section-by- proposed rule provides that lobbyist/registrants), and the amount of section analysis of the legislation ‘‘designations or other means of bundled contributions provided during provided by the three principal Senate recognizing’’ a lobbyist/registrant or the covered period. Id. authors of the bill (the ‘‘section-by- lobbyist/registrant PAC’s fundraising In conjunction with this rulemaking, section analysis’’). See 153 CONG. REC. would include ‘‘titles based on levels of the Commission intends to create a new S10709 (daily ed. August 2, 2007). For fundraising, access to events reserved form for disclosing information about example, in a colloquy on the Senate exclusively for those who generate a lobbyists and lobbyist PACs that floor, Senator Feingold and Senator certain level of contributions, or similar provide bundled contributions. The Obama indicated that the disclosure benefits provided as a reward for form would be filed with the Form 3 requirement would be triggered by successful fundraising.’’ The (House and Senate authorized contributions bundled by an employee Commission requests comments on this committees), Form 3P (Presidential of a lobbyist, if that employee is acting approach and also requests other authorized committees) and Form 3X as an agent of the lobbyist, even if the examples of records, designations or (leadership PACs and political party employee is not listed on a current other means of recognizing a lobbyist/ committees) following the appropriate registration or report filed under the registrant or lobbyist/registrant PAC’s covered period.

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2. Reasonably Known To Be Presidential candidates, and any other finance reports filed in April, July, The new law requires the disclosure political committees that support such October and January, a form listing any of information about a person who candidates must file their regular lobbyist/registrant or lobbyist/registrant forwards, or who is credited with campaign finance reports with the PAC that provided bundled having raised, two or more bundled Commission. See 11 CFR 105.1, 105.3 contributions aggregating in excess of contributions aggregating in excess of and 105.4. Authorized committees of $15,000 during the previous calendar $15,000 during the covered period if the candidates for the Senate and any other quarter. Further, in any calendar year in political committees that support only person is ‘‘reasonably known by the which a reporting committee files its Senate candidates must file their reports [reporting] committee to be’’ a lobbyist campaign finance reports on a semi- with the Secretary of the Senate. See 11 /registrant or a lobbyist/registrant PAC. annual basis, the committee would CFR 105.2. Proposed 11 CFR 104.22(c) 2 U.S.C. 434(i)(1). The new law requires concurrently file its form disclosing would require the form required by the the Commission to ‘‘provide guidance to information about any lobbyist/ new law to be filed in accordance with [reporting] committees with respect to registrant or lobbyist/registrant PAC that 11 CFR Part 105. The Commission whether a person is reasonably known provided bundled contributions in requests comments on this proposal. by a committee to be’’ a lobbyist/ excess of $15,000 during the semi- registrant or lobbyist/registrant PAC. 2 D. When To File annual covered period. The Commission requests comments on the effect of the U.S.C. 434(i)(5)(B). In so doing, the New 2 U.S.C. 434(i)(1) requires Commission is to include a alternative ‘‘covered period’’ on report reporting committees to file a form timing. ‘‘requirement that [reporting] listing information about each lobbyist/ committees consult the Web sites registrant or lobbyist/registrant PAC Reporting Hypotheticals maintained by the Secretary of the with ‘‘the first report required to be filed The following examples illustrate Senate and the Clerk of the House of under this section after each covered how proposed 11 CFR 104.22 would Representatives containing information period’’ in which a lobbyist/registrant or interact with the Commission’s existing filed pursuant to the Lobbying lobbyist/registrant PAC provided reporting requirements for forwarded Disclosure Act of 1995.’’ 2 U.S.C. bundled contributions exceeding contributions. 434(i)(5)(B). $15,000. 2 U.S.C. 434(i)(a)(1). As noted The first hypothetical involves the Proposed 11 CFR 104.22(b)(2) would above, the proposed rule defines authorized committee of a candidate as provide guidance with respect to how a ‘‘covered period’’ as the semi-annual the reporting committee and thus, also reporting committee is to comply with periods of January 1 through June 30 invokes 11 CFR 110.6 regarding these requirements. This paragraph and July 1 through December 31. earmarking contributions to authorized directs the committee to consult the Additionally, proposed 11 CFR committees, if the person earmarking Web sites maintained by the Clerk of the 104.22(a)(2)(ii) provides that in any the contributions qualifies as a House of Representatives, the Secretary calendar year in which a reporting ‘‘conduit’’ under that section. of the Senate, and the Federal Election committee is required to file or files The second hypothetical involves Commission in order to determine monthly or quarterly campaign finance either a leadership PAC or a political whether a person is identified on a reports under 11 CFR 104.5, the covered party committee as the reporting filing under the LDA or the Act as a period would also include the quarterly committee. This hypothetical would not registrant, a lobbyist, or a political periods of January 1 through March 31 invoke 11 CFR 110.6 because that committee established or controlled by and July 1 through September 30 if, section applies only to contributions a registrant or lobbyist. during those periods, a lobbyist/ earmarked for an authorized committee. The Commission seeks comment on registrant or a lobbyist/registrant PAC these proposed regulations. Does the provided two or more bundled Hypothetical Example 1 regulatory text adequately implement contributions to the reporting committee Facts. the statutory requirements? May the which aggregate in excess of $15,000. Candidate A’s authorized committee files Commission require committees to Thus, proposed 11 CFR 104.22(d) would campaign finance reports on a quarterly consult the Commission’s Web site for basis. require a reporting committee to file a On February 20, Lobbyist/Registrant Z information regarding registration of form semi-annually in every calendar delivers a $30,000 check to Candidate A’s lobbyist/registrant PACs, since that year, and in the calendar quarters of treasurer, representing fifteen $2,000 information is not currently available on January 1 through March 31 and July 1 contributions that Lobbyist/Registrant Z the Web sites of the Secretary of the through September 30 if any lobbyist/ collected on February 15 on behalf of Senate or the Clerk of the House of registrant or lobbyist/registrant PAC Candidate A. Lobbyist/Registrant Z also Representatives? forwarded, or was credited with having provides a list of each contributor’s name, The Commission requests comments raised, two or more bundled mailing address, employer and occupation, on what other guidance the Commission contributions aggregating in excess of and the date received by Lobbyist/Registrant might issue as to how a reporting Z as required under 11 CFR 110.6(c)(1)(iii) $15,000 during those calendar quarters. and (iv). committee can reasonably know that a The Commission requests comments On March 21, Lobbyist/Registrant Z, bundler of contributions is a lobbyist/ on proposed 11 CFR 104.22(d). although he does not occupy a significant registrant or lobbyist/registrant PAC. As discussed above, the alternative position in Candidate A’s campaign,7 hosts a What other steps could the Commission definition of ‘‘covered period’’ would fundraiser on Candidate A’s behalf, at which take to make information regarding require reporting committees to disclose Candidate A makes a speech. At the lobbyist/registrant PACs more easily information about lobbyist/registrants or fundraiser, five contributors hand checks accessible? lobbyist/registrant PACs that provide totaling $10,000 directly to Candidate A. bundled contributions on a slightly On June 5, Lobbyist/Registrant Z delivers C. Where To File different schedule than that under the to the authorized committee five checks Under current 11 CFR Part 105, proposed rule. Under alternative 11 CFR 7 An individual who occupies a significant authorized committees of candidates for 104.22(a)(2)(i), monthly and quarterly position within a campaign may be exempt from the the House of Representatives, the filers would be required to file, earmarking regulations. See 11 CFR principal campaign committees of concurrently with their campaign 110.6(b)(2)(i)(E).

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totaling $6,000 that he collected on Registrant Z did not exceed $15,000 during recordkeeping requirements that also Candidate A’s behalf during the preceding the committee’s second quarterly reporting apply to certain bundled contributions. week. period, the aggregate amount of bundled For example, committees must keep a Reporting Requirements. contributions provided by Lobbyist/ record and account of each contribution 1. On the committee’s first quarterly Registrant Z during the January 1 through campaign finance report, it must: June 30 semi-annual covered period, $46,000, exceeding $50 for three years after filing a. Pursuant to 11 CFR 110.6, report: does exceed the $15,000 reporting threshold the report to which the record or i. The name, mailing address, occupation for that covered period. account relates. See 2 U.S.C. 432(c)(2) and employer of Lobbyist/Registrant Z. and (d); 11 CFR 102.9(a) and (c). In ii. As a memo entry, the total amount of Hypothetical Example 2 addition, any person who receives and contributions forwarded by Lobbyist/ Facts. forwards contributions to any political Registrant Z ($30,000), the date received by A leadership PAC files campaign finance committee must also forward certain 8 the committee (February 20) and a notation reports on a monthly basis. information about the original On February 20, lobbyist/registrant PAC X of whether the Lobbyist/Registrant’s contributor. See 2 U.S.C. 432(c) and contribution limit was affected or not delivers a check to the leadership PAC for pursuant to 11 CFR 110.6(d). $30,000, representing contributions to the 434a(a)(8); 11 CFR 102.8(c). Any iii. The name, mailing address, employer, leadership PAC from fifteen individual authorized committee that receives occupation of each contributor, as well as the contributors, along with information about contributions forwarded by a ‘‘conduit’’ date that Lobbyist/Registrant Z received the each contributor as required under 11 CFR is subject to additional recordkeeping contributions (February 15) and a notation 110.6(c)(1)(iii) and (iv). and reporting requirements. See 2 that it was earmarked through him. On March 12, lobbyist/registrant PAC X U.S.C. 434a(a)(8); 11 CFR 110.6(c). This reporting requirement is triggered by hosts a fundraiser at which the ‘‘candidate Therefore, the Commission proposes Lobbyist/Registrant Z’s having acted as a involved’’ with the leadership PAC makes a new 11 CFR 104.22(e), which refers to conduit under 11 CFR 110.6 for the speech. Between March 13 and March 31, the the existing recordkeeping requirements leadership PAC receives 6 checks aggregating contributions that he received on February 15 in Commission regulations and also and delivered on February 20, because he to $12,000. Each check notes that the physically forwarded the contributions to the contributor is helping the leadership PAC requires reporting committees to authorized committee. because of the speech given at the March 12 maintain for three years records of b. Pursuant to 11 CFR 104.3, report for fundraiser. The leadership PAC thanks the information about any lobbyist/ each of the five contributors who made contributors and also sends a note to registrant or lobbyist/registrant PAC that contributions at the March 21 fundraiser: The lobbyist/registrant PAC X recognizing it for forwards, or is credited with raising, person’s name, mailing address, occupation, having raised the $12,000. two or more bundled contributions and employer, date received (March 21) and Reporting Requirements aggregating in excess of $15,000 during amounts, itemizing the contributions as 1. On the leadership PAC’s campaign any covered period. These records necessary under 11 CFR 104.3. finance report covering February, it must: would include the name and address of c. Pursuant to proposed 11 CFR 104.22, a. Pursuant to 11 CFR 104.3 and 104.8, the lobbyist/registrant or lobbyist/ report the name, address and employer of report for each of the fifteen contributors who Lobbyist/Registrant Z, as well as the total registrant PAC, the employer of the made the contributions delivered by lobbyist/ lobbyist/registrant (if an individual), the amount bundled by Lobbyist/Registrant Z, registrant PAC X on March 20: The person’s $40,000, during the covered period. This dates contributions are received and name, mailing address, occupation, forwarded, and the aggregate amount of reporting requirement is triggered because employer, and date of receipt by lobbyist/ Lobbyist/Registrant Z forwarded, or was registrant PAC X, itemizing the contributions contributions bundled for each covered credited with raising, more than $15,000 in as necessary under 104.8. period. contributions during the committee’s 2. On the leadership PAC’s campaign The Commission would urge reporting period (the calendar quarter). finance report covering March, it must: reporting committees to begin keeping 2. On the authorized committee’s second a. Pursuant to 11 CFR 104.3 and 104.8, records of lobbyist/registrants or quarterly campaign finance report, it must: report for each of the six contributions that lobbyist/registrant PACs who forward, a. Pursuant to 11 CFR 110.6, report: make up the $12,000 that the leadership PAC or are credited with raising, bundled i. The name, mailing address, occupation received directly from contributors and and employer of Lobbyist/Registrant Z. contributions as of January 1, 2008. Any credited to lobbyist/registrant PAC X: The rules promulgated by the Commission ii. As a memo entry, the total amount of person’s name, mailing address, occupation, contributions forwarded to the committee by employer, and the date of receipt by lobbyist/ will likely become effective in early Lobbyist/Registrant Z ($6,000) and the date registrant PAC X itemizing the contributions 2008, making the first semi-annual received by the authorized committee (June as necessary under 11 CFR 104.8. reporting period cover January 1 5). b. Pursuant to proposed 11 CFR 104.22, through June 30, 2008. iii. The name, mailing address, employer include a separate form disclosing lobbyist/ The Commission requests comments and occupation of each contributor, the date registrant PAC X’s name and address, and, on this approach. each contribution was received by Lobbyist/ the total amount of bundled contributions Registrant Z and whether the contributions that lobbyist/registrant PAC X provided to F. Price Index Increase affected Lobbyist/Registrant Z’s contribution the leadership PAC during the first calendar New 2 U.S.C. 434(i)(3)(b) requires that limits pursuant to 11 CFR 110.6(d). quarter. This form would be required because the $15,000 disclosure threshold be Lobbyist/Registrant Z is a conduit under 11 the aggregate amount of bundled CFR 110.6, because he collected and contributions provided by lobbyist/registrant indexed for inflation annually, using the forwarded the contributions to the authorized PAC X exceeds $15,000 during the Consumer Price Index as verified by the committee. Thus, the authorized committee unauthorized committee’s covered period of Secretary of Labor. The proposed rule at disclosed his contributions in a manner January 1 through March 31. 11 CFR 104.22(f) would require that the similar to hypothetical 1.a., above. $15,000 disclosure threshold be indexed b. Pursuant to proposed 11 CFR 104.22, file The Commission requests comments on these hypotheticals. in the same manner as certain a form disclosing the lobbyist/registrant’s contribution limits under the Act and name, address and employer, as well as the E. Recordkeeping Commission regulations. See 2 U.S.C. aggregate amount of bundled contributions that the committee received from or credited Current Commission regulations 441a(c) and 11 CFR 110.17. The to Lobbyist/Registrant Z during the six- implement certain statutory Commission proposes regulatory month covered period ($46,000). While the language that is identical to that already aggregate amount of contributions forwarded 8 The same hypothetical applies to a political in portions of 11 CFR 110.17, but or raised by and credited to Lobbyist/ party committee. proposes placing the new requirement

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in new 11 CFR 104.22 rather than in 11 independently owned and operated Authority: 2 U.S.C. 431(1), 431(8), 431(9), CFR 110.17 because the dollar amount because they are not financed and 432(i), 434, 438(a)(8) and (b), 439a, 441a, and in this instance is merely a threshold for controlled by a small identifiable group 36 U.S.C. 510. disclosure rather than a contribution of individuals; rather, they rely on 4. Section 104.22 is added to read as limit covered under 11 CFR Part 110. contributions from a variety of persons follows: The Commission requests comments on to fund the committee’s activities. § 104.22 Disclosure of bundling by this approach. Political committees representing the Lobbyist/Registrants (2 U.S.C. 434(i)). The Commission also requests Democratic and Republican parties have (a) Definitions—Reporting committee comments on the timing of the a major controlling influence within the means: application of the indexing for inflation political arena and are thus dominant in (i) An authorized committee of a requirement. New 2 U.S.C. 434(i) their field. However, to the extent that Federal candidate as defined at 11 CFR provides that the indexing requirement any party committees representing 100.5(f)(1); ‘‘shall apply’’ to the reporting threshold major or minor political parties or any (ii) A leadership PAC as defined at 11 ‘‘[i]n any calendar year after 2007.’’ 2 other political committees might be CFR 100.5(e)(6); or U.S.C. 434i(3)(B). The new law also considered ‘‘small organizations,’’ the (iii) A party committee as defined at provides, however, that 2 U.S.C. 434(i) number that would be affected by this 11 CFR 100.5(e)(4). will go into effect ‘‘with respect to rule is not substantial. [Proposed Definition of Covered Period] reports filed * * * after the expiration The proposed rules also would not of the 3-month period which begins on impose any additional restrictions. (2) Covered period means: the date that the regulations required to Instead, the proposed rules would only (i) In any calendar year the semi- be promulgated [under new 2 U.S.C. require disclosure of further information annual periods of January 1 through 434(i)] become final.’’ The Commission already held by the political committees June 30 and July 1 through December expects that these proposed rules will affected. Therefore, the proposed rules 31; and become final in early 2008, and that the would not have a significant economic (ii) In any calendar year in which a new disclosure requirements will apply impact on a substantial number of small reporting committee is required to file to reports filed three months later. Thus, entities. or files monthly or quarterly reports the first semi-annual reporting period pursuant to 11 CFR 104.5, the quarterly would be January 1 through June 30, List of Subjects periods of January 1 through March 31 2008, and the first quarterly reporting 11 CFR Part 100 and July 1 through September 30 if, period would be April through June, during those periods a lobbyist/ 2008. Elections. registrant or lobbyist/registrant PAC Given that 2008 is a ‘‘calendar year 11 CFR Part 104 provided two or more bundled after 2007,’’ should the reporting contributions to the reporting committee threshold be indexed in 2008? If so, Campaign funds, political committees which aggregate in excess of $15,000. then the effective reporting threshold and parties, reporting and would never be $15,000; rather, it recordkeeping requirements. [Alternative Definition of Covered would be $15,000 in 2006 (the base For the reasons set out in the Period] period) dollars, as indexed for inflation preamble, the Federal Election (2) Covered period means: in 2008. The Commission requests Commission proposes to amend (i) In any calendar year in which a comments on this interpretation of the Subchapter A of Chapter 1 of Title 11 reporting committee is required to file new law, which is not included in the of the Code of Federal Regulations as or files on a quarterly basis pursuant to proposed rule. follows: 11 CFR 104.5, the quarterly periods of Certification of No Effect Pursuant to 5 January 1 through March 31, April 1 PART 100—SCOPE AND DEFINITIONS through June 30, July 1 through U.S.C. 605(b) (Regulatory Flexibility (2 U.S.C. 431) Act) September 30 and October 1 through December 31; and The attached proposed rules, if 1. The authority citation for part 100 is revised to read as follows: (ii) In any calendar year in which a promulgated, would not have a reporting committee files semi-annual significant economic impact on a Authority: 2 U.S.C. 431, 434, and 438(a)(8), reports pursuant to 11 CFR 104.5, the and 439a(c). substantial number of small entities. semi-annual periods of January 1 2. Section 100.5 is amended by The basis for this certification is that through June 30 and July 1 through adding a new paragraph (e)(7) to read as few, if any, small entities would be December 31. affected by these proposals, which follows: (3) Lobbyist/Registrant. For purposes apply only to Federal candidates and § 100.5 Political committee (2 U.S.C. of this section, lobbyist/registrant means their campaign committees, political 431(4), (5), (6)). a person who, at the time a contribution committees established, financed, * * * * * is forwarded to, or is received by, a maintained or controlled by Federal reporting committee, is: candidates or individuals holding (e) * * * (7) Lobbyist/Registrant PAC means (i) A current registrant under Section Federal office, and political committees 4(a) of the Lobbying Disclosure Act of of political parties. Authorized any political committee established or controlled by a ‘‘lobbyist/registrant,’’ as 1995 (2 U.S.C. 1603(a)); or committees of Federal candidates would (ii) An individual who is named on a that term is defined at 11 CFR not be considered small entities under current registration or current report 104.22(a)(3). the definition at 5 U.S.C. 601(6). filed under Section 4(b)(6) or 5(b)(2)(C) Leadership PACs established, financed, PART 104—REPORTS BY POLITICAL of the Lobbying Disclosure Act of 1995 maintained or controlled by Federal COMMITTEES AND OTHER PERSONS (2 U.S.C. 1603(b)(6) or 1604(b)(2)(C)). candidates or individuals holding (2 U.S.C. 434) (4) Bundled contribution means any Federal office also would not qualify as contribution: small entities. Such committees, while 3. The authority citation for part 104 (i) Forwarded from the contributor or established by an individual, are not continues to read as follows: contributors to the reporting committee

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by a lobbyist/registrant or lobbyist/ Lobbying Disclosure Act of 1995 (2 (4) Rounding of price index increases. registrant PAC ; or U.S.C. 1603(a)), or If any amount after the increases under (ii) Received by the reporting (ii) The person was an individual this paragraph (e) is not a multiple of committee from the contributor or listed on a current registration filed $100, such amount shall be rounded to contributors, and that is credited by the under Section 4(b)(6) or a current report the nearest multiple of $100. committee, individual holding a Federal filed under Section 5(b)(2)(C) of the Dated: October 30, 2007. Lobbying Disclosure Act of 1995 (2 office or candidate involved to a Robert D. Lenhard, lobbyist/registrant or lobbyist/registrant U.S.C. 1603 or 1604); or Chairman, Federal Election Commission. PAC through records, designations, or (iii) The person identified itself as a other means of recognizing that a certain lobbyist/registrant PAC on its Statement [FR Doc. E7–21711 Filed 11–5–07; 8:45 am] amount of money has been raised by the of Organization, FEC Form 1, filed with BILLING CODE 6715–01–P lobbyist/registrant or lobbyist/registrant the Commission; or PAC , except that (iv) The person was listed as a (iii) Bundled contributions do not political committee established or SOCIAL SECURITY ADMINISTRATION include contributions from the personal controlled by a lobbyist or registrant on 20 CFR Parts 404, 405, and 416 funds of the lobbyist/registrant who a report filed under Sec. 203 (a) of the forwards or is credited with raising the Honest Leadership and Open [Docket No. SSA–2007–0053] contributions or that person’s spouse. Government Act of 2007, amending the (5) The committee or candidate Lobbying Disclosure Act of 1995 (2 Compassionate Allowances for Rare involved means: The reporting U.S.C. 1604). Diseases; Office of the Commissioner, committee; the candidate by whom the (c) Where to file. Reporting Hearing committees shall file either with the authorized committee is authorized; or AGENCY: Secretary of the Senate or with the Social Security Administration the candidate or individual holding (SSA). Federal office who directly or indirectly Federal Election Commission in accordance with 11 CFR Part 105. ACTION: Advance Notice of Proposed established, finances, maintains or Rulemaking; Announcement of Public controls the leadership PAC. (d) When to file. Reporting committees must file the forms required Hearing and Limited Reopening of (6) A designation or other means of Comment Period. recognizing bundled contributions under this section with the first report includes titles based on levels of required under 11 CFR 104.5 following SUMMARY: We are considering ways to fundraising, access to reporting the end of each covered period. quickly identify diseases and other (e) Recordkeeping. In addition to any committee events reserved exclusively serious medical conditions that requirements to maintain records and for those who generate a certain level of obviously meet the definition of accounts under 11 CFR 102.8, 102.9 and contributions, and events provided by a disability under the Social Security Act 110.6, each reporting committee must reporting committee as a reward for (the Act) and can be identified with maintain for three years after the filing successful fundraising. minimal objective medical information. of the report to which the information (b) Reporting requirement. At present, we are calling this method relates a record of any bundled (1) Each reporting committee must file ‘‘Compassionate Allowances.’’ We plan contributions (see 11 CFR 104.22(a)(4)) a form listing each person reasonably to hold four public hearings over the provided by a lobbyist/registrant or known by the committee to be a next year. The purpose of this first lobbyist/registrant PAC that aggregate in lobbyist/registrant or lobbyist/registrant hearing is to obtain your views about excess of $15,000 for any covered PAC that provides two or more bundled the advisability and possible methods of period. The information required to be contributions (see 11 CFR 104.22(a)(4)) identifying and implementing maintained is: compassionate allowances for children to the reporting committee aggregating (1) The name and address of the and adults with rare diseases. We will in excess of $15,000 during the covered lobbyist/registrant or lobbyist/registrant address other kinds of medical period. Each form shall set forth: PAC; (i) The name of the lobbyist/registrant (2) The employer of the lobbyist/ conditions in later hearings. or lobbyist/registrant PAC; registrant; and DATES: Dates and location: We must (ii) The address of the lobbyist/ (3) The amount of bundled receive written comments by December registrant or lobbyist/registrant PAC; contributions provided by the lobbyist/ 21, 2007. Comments made at the (iii) The employer of the registrant or lobbyist/registrant PAC for hearings will be considered in lobbyist/registrant; and each covered period. preparation of a final rule. The first (iv) The aggregate amount of bundled (f) Price index increase. hearing will be held on December 4 and contributions provided by the (1) The threshold for reporting December 5, 2007, between 8:45 a.m. lobbyist/registrant or lobbyist/registrant bundled contributions established in and 5:30 p.m. Eastern Standard Time PAC to the reporting committee during paragraph (d)(1) of this section shall be (EST), in Washington, DC. The hearings the covered period. increased by the percent difference will be held at 500 E Street, SW., (2) In order to comply with paragraph between the price index as defined at 11 Washington, DC 20436, in the main (b)(1) of this section, a reporting CFR 110.17(d), as certified to the hearing room of the International Trade committee must consult the Web sites Commission by the Secretary of Labor, Commission. Space limitations and time maintained by the Clerk of the House of for the 12 months preceding the constraints require hearing attendance Representatives, the Secretary of the beginning of the calendar year and the to be by invitation only. However, you Senate, and the Federal Election price index base period. may listen to the proceedings by calling Commission to determine whether, at (2) Each bundling threshold so 1–888–456–0278, at 9 a.m., EST, the the time a contribution was forwarded increased shall be the threshold in effect mornings of December 4 and 5. If you to, or received by, the reporting for that calendar year. plan to listen in, please send an e-mail committee: (3) For purposes of this paragraph (e), to [email protected] (i) The person was listed as a current the term base period means calendar by November 21, 2007. Your e-mail will registrant under Section 4(a) of the year 2006. help ensure that we have enough

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telephone lines for everyone interested 1, 2007. This notice constitutes a distributions of property after two in listening to the proceedings. limited reopening of the comment partnerships engage in an assets-over ADDRESSES: You may submit up to two period with respect to children and merger. The proposed regulations affect pages of written comments about the adults with rare diseases, as well as partnerships and their partners. compassionate allowances initiative topics covered at the hearing on FOR FURTHER INFORMATION CONTACT: with respect to children and adults with December 4 and 5, 2007. Jason Smyczek or Laura Fields at (202) rare diseases, as well as topics covered Will We Respond to Your Comments? 622–3050 (not toll-free number). at the hearing by: (1) Internet through SUPPLEMENTARY INFORMATION: the Federal eRulemaking Portal at We will carefully consider your http://www.regulations.gov (2) e-mail comments, although we will not Background addressed to respond directly to comments sent in The notice of proposed rulemaking [email protected] or response to this notice or the hearing. (REG–143397–05) that is the subject of (3) mail to Diane Braunstein, Director, Thereafter, we will decide whether to these corrections is under sections Office of Compassionate Allowances implement the compassionate 704(c) and 737 of the Internal Revenue and Listings Improvement, ODP, ODISP, allowances initiative and, if so, how the Code. Social Security Administration, 4535 initiative will be implemented. If we Annex, 6401 Security Boulevard, decide to issue regulations addressing Need for Correction Baltimore, MD 21235–6401. compassionate allowances, we will As published, this notice of proposed FOR FURTHER INFORMATION CONTACT: publish a notice of proposed rulemaking rulemaking (REG–143397–05) contains [email protected]. (NPRM) in the Federal Register. In errors that may prove to be misleading You may also mail inquiries about this accordance with the usual rulemaking and are in need of clarification. procedures we follow, you will have a meeting to Diane Braunstein, Director, Correction for Publication Office of Compassionate Allowances chance to comment on the revisions we and Listings Improvement, ODP, ODISP, propose in the NPRM, and we will Accordingly, the notice of proposed Social Security Administration, 4535 summarize and respond to the rulemaking (REG–143397–05) that was Annex, 6401 Security Boulevard, significant comments in the preamble to the subject of FR Doc. E7–16189 is Baltimore, MD 21235–6401. For any final rules. corrected as follows: 1. On page 46932, column 1, the information on eligibility or filing for Additional Hearings benefits, call our national toll-free heading, the subject ‘‘Partner’s We plan to hold additional hearings number 1–800–772–1213 or TTY 1– Distributive Share’’ is corrected to read on cancers, chronic conditions, and 800–325–0778, or visit our Internet site, ‘‘Rules for Contribution and Subsequent traumatic injuries, and will announce Social Security Online, at http:// Distribution of Section 704(c) Property those hearings later with notices in the www.socialsecurity.gov. in Connection with Partnership Federal Register. Mergers’’. SUPPLEMENTARY INFORMATION: (Catalog of Federal Domestic Assistance 2. On page 46932, column 3, in the Background Program Nos. 96.001, Social Security— preamble under the paragraph heading Disability Insurance; 96.006, Supplemental Background, first full paragraph in the Under titles II and XVI of the Act, we Security Income.) column, line 6, the language ‘‘described pay benefits to individuals who meet in § 1.708–1(c)(3). Rev. Rul.’’ is our rules for entitlement and have Dated: October 31, 2007. corrected to read ‘‘described in § 1.708– medically determinable physical or Michael J. Astrue, 1(c)(3)(i). Rev. Rul.’’. mental impairments that are severe Commissioner of Social Security. 3. On page 46933, column 3, in the enough to meet the definition of [FR Doc. E7–21828 Filed 11–5–07; 8:45 am] preamble under the paragraph heading disability in the Act. The rules for BILLING CODE 4191–02–P ‘‘A. Assets-Over Partnership Mergers’’, determining disability can be very first full paragraph in the column, line complicated, but some individuals have 2, the language ‘‘3(c)(4)(iii) provide that such serious medical conditions that DEPARTMENT OF THE TREASURY taxpayers may’’ is corrected to read their conditions obviously meet our ‘‘3(a)(9) provide that taxpayers may’’. disability standards. To better address Internal Revenue Service the needs of these individuals, we are § 1.704–3 [Corrected] looking into ways to allow benefits as 26 CFR Part 1 4. On page 46934, column 2, § 1.704– quickly as possible. [REG–143397–05] 3(a)(9), line 6, the language ‘‘§ 1.708– On July 31, 2007, we published an 1(c)(3) (the transferor’’ is corrected to advance notice of proposed rulemaking RIN 1545–BE99 read ‘‘§ 1.708–1(c)(3)(i) (the transferor’’. (ANPRM) in the Federal Register to solicit the public’s views on what Partner’s Distributive Share; § 1.704–4 [Corrected] standards we should use for making Correction 5. On page 46935, column 1, § 1.704– compassionate allowances, methods we AGENCY: Internal Revenue Service (IRS), 4(c)(4), line 3 from the top of the might use to identify compassionate Treasury. column, the language ‘‘§ 1.708–1(c)(3) allowances and suggestions for how to ACTION: Correction to notice of proposed by a partnership (the’’ is corrected to implement those standards and regulations. read ‘‘§ 1.708–1(c)(3)(i) by a partnership methods. (See 72 FR 41649.) You may (the’’. read the ANPRM at http:// SUMMARY: This document contains 6. On page 46935, column 2, § 1.704– www.gpoaccess.gov/fr/index.html, or at corrections to the notice of proposed 4(c)(4)(ii)(B), second line from the http://www.regulations.gov where you regulations (REG–143397–05) that was bottom of the paragraph is corrected to may also read the public comments we published in the Federal Register on read ‘‘See § 1.737–2(b)(1)(ii)(B) for a received. The 60-day comment period Wednesday, August 22, 2007 (72 FR similar rule in’’. on the overall compassionate 46932) concerning the application of 7. On page 46935, column 3, § 1.704– allowances initiative ended on October sections 704(c)(1)(B) and 737 to 4(c)(4)(ii)(E) is corrected by adding a

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sentence at the end of the paragraph to of gain.’’ is corrected to read ‘‘recognize Zone (formerly the Captain of the Port read as follows: $150x of gain.’’. Tampa Zone). The purpose of these 16. On page 46936, column 3, revisions is to ensure the security of § 1.704–4 Distribution of contributed § 1.704–4(c)(4)(ii)(F), Example (5)(i), vessels, facilities, and the surrounding property. line 5 from the bottom of the paragraph, areas within these zones. Entry into the * * * * * the language ‘‘of the partnerships, A area encompassed by these revised (c) * * * contributed the Asset’’ is corrected to security zones would be prohibited (4) * * * read ‘‘of the partnerships, A contributed without permission of the Captain of the (ii) * * * Asset’’. Port. (E) * * * See § 1.737–2(b)(1)(ii)(E) for 17. On page 46936, column 3, DATES: Comments and related material a similar rule in the context of section § 1.704–4(c)(4)(ii)(F), Example (5)(ii), must reach the Coast Guard on or before 737. last line of the paragraph, the language December 6, 2007. * * * * * ‘‘distributes all of Asset X to A.’’ is 8. On page 46936, column 1, § 1.704– corrected to read ‘‘distributes Asset X to ADDRESSES: You may mail comments 4(c)(4)(ii)(F), Example (2)(i), line 7 from A.’’. and related material to Coast Guard the bottom of the paragraph, the Sector St. Petersburg, Prevention § 1.737–2 [Corrected] language ‘‘fair market value of $400x, Department, 155 Columbia Drive, and $450x in’’ is corrected to read ‘‘fair 18. On page 46937, column 1, item 2 Tampa, FL 33606–3598. Coast Guard market value of $400x, and $400x in’’. in instructional Par. 5. is corrected, and Sector St. Petersburg, Prevention 9. On page 46936, column 1, § 1.704– item 3 is added to read as follows: Department maintains the public docket 4(c)(4)(ii)(F), Example (2)(i), lines 3 and Par. 5. Section 1.737–2 is amended as for this rulemaking. Comments and 4 from the bottom of the paragraph, the follows: material received from the public, as language ‘‘PRS1 as follows: A, 25%; B, 1. * * * well as documents indicated in this 25%; C, 16.67%; D, 16.67% and E, 2. Paragraph (e) is redesignated as preamble as being available in the 16.67%. On January 1,’’ is corrected to paragraph (f). docket, will become part of this docket read ‘‘PRS1 as follows: A, 25.76 percent; 3. New paragraph (e) is added. and will be available for inspection or B, 25.76 percent; C, 16.16 percent; D, The addition and revision read as copying at Coast Guard Sector St. 16.16 percent; and E, 16.16 percent. On follows: Petersburg, Prevention Department, 155 January 1,’’. § 1.737–2 Exceptions and special rules. Columbia Drive, Tampa, FL 33606–3598 10. On page 46936, column 2, between 7:30 a.m. and 3:30 p.m., * * * * * § 1.704–4(c)(4)(ii)(F), Example (2)(ii), Monday through Friday, except Federal (e) Reverse section 704(c) gain. *** first line of the column, the language ‘‘as holidays. 19. On page 46938, column 3, a result of the merger. C also has $100 § 1.737–2(b)(1)(ii)(F), Example (5)(ii), FOR FURTHER INFORMATION CONTACT: of’’ is corrected to read ‘‘as a result of line 2 from the bottom of the paragraph, Lieutenant Jessica Crandell at the the merger. C also has $100x of’’. the language ‘‘liabilities. In 2006, PRS2 Waterways Management Division, 11. On page 46936, column 2, distributes all of’’ is corrected to read Sector St. Petersburg, FL (813) 228–2191 § 1.704–4(c)(4)(ii)(F), Example (3)(i), ‘‘liabilities. In 2006, PRS2 distributes’’. Ext 8146. lines 3 and 4 from the bottom of the paragraph, the language ‘‘loss interests Cynthia Grigsby, SUPPLEMENTARY INFORMATION: in PRS1 as follows: A, 27.5%; B, 27.5%; Senior Federal Register Liaison Officer, Request for Comments C, 15%; D, 15% and E, 15%. On’’ is Publications and Regulations Branch, Legal corrected to read ‘‘loss interests in PRS1 Processing Division, Associate Chief Counsel We encourage you to participate in as follows: A, 27.5 percent; B, 27.5 (Procedure and Administration). this rulemaking by submitting percent; C, 15 percent; D, 15 percent; [FR Doc. E7–21820 Filed 11–5–07; 8:45 am] comments and related material. If you and E, 15 percent. On’’. BILLING CODE 4830–01–P do so, please identify the docket number 12. On page 46936, column 2, for this rulemaking (COTP Sector St. § 1.704–4(c)(4)(ii)(F), Example (3)(i), last Petersburg 07–046), indicate the specific line of the paragraph, the language DEPARTMENT OF HOMELAND section of this document to which each ‘‘when its value is still $600.’’ is SECURITY comment applies, and give the reason corrected to read ‘‘when its value is still for each comment. We recommend that $600x.’’ Coast Guard you include your name and a mailing 13. On page 46936, column 2, address, an e-mail address, or a phone § 1.704–4(c)(4)(ii)(F), Example (3)(ii), 33 CFR Part 165 number in the body of your document line 8, the language ‘‘($600x (fair market [Docket No. COTP St. Petersburg 07–046] so that we can contact you if we have value)—100x (adjusted’’ is corrected to questions regarding your submission. read ‘‘($600x (fair market value)—$100x RIN 1625–AA87 For example, we may ask you to (adjusted’’. Security Zone; Tampa Bay, Port of resubmit your comment if we are not 14. On page 46936, column 2, Tampa, Port of St. Petersburg, able to read your original submission. § 1.704–4(c)(4)(ii)(F), Example (3)(ii), Rattlesnake, Old Port Tampa, Big Please submit all comments and related line 5 from the bottom of the paragraph, Bend, Weedon Island, and Crystal material in an unbound format, no the language ‘‘E each succeed to $150 of 1 2 River, FL larger than 8 ⁄ by 11 inches, suitable for new section 704(c)’’ is corrected to read copying. If you would like to know they ‘‘E each succeed to $150x of new section AGENCY: Coast Guard, DHS. reached us, please enclose a stamped, 704(c)’’. ACTION: Notice of proposed rulemaking. self-addressed postcard or envelope. We 15. On page 46936, column 2, will consider all comments and material § 1.704–4 paragraph (c)(4)(ii)(F), SUMMARY: The Coast Guard proposes to received during the comment period. Example (3)(ii), last line of the revise certain security zones within the We may change this proposed rule in paragraph, the language ‘‘recognize $150 Captain of the Port Sector St. Petersburg view of them.

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Public Meeting The five revised zones temporarily columns or dolphins outside of the We do not now plan to hold a public replacing these five suspended zones bridge’s main span. • Revise § 760(a)(5), Piers, Seawalls, meeting. You may submit a request for appear in § 165.T07–047(a) (1) through and Facilities, Port of Tampa, Port a meeting by writing to Waterways (5), but will expire January 2, 2008. The Sutton and East Bay. All waters, from Management Division at the address risk assessment also indicated that two of the zones suspended—§ 165.760(a)(6) surface to bottom, extending 50 yards under ADDRESSES explaining why one [Piers, seawalls, and facilities, Port of from the shore, seawall, and piers would be beneficial. If we determine Tampa, East Bay and the eastern side of around facilities in Port Sutton within that one would aid this rulemaking, we Hooker’s Point], and (a)(8) [Piers, the Port of Tampa encompassed by a will hold one at a time and place seawalls, and facilities, Port of line connecting the following points: announced by a later notice in the Manatee]—were no longer needed. 27°54.15′ N, 082°26.11′ W; east Federal Register. The security zones proposed in this northeast to 27°54.19′ N, 082°26.00′ W; Background and Purpose notice have been discussed, vetted and then northeast to 27°54.37′ N, recommended by representatives of the 082°25.72′ W, closing off all Port Sutton The Maritime Transportation Security Department of Homeland Security’s channel; then northerly to 27°54.48′ N, Act authorized the establishment of Office of Infrastructure Protection, the 082°25.70′ W. Area Maritime Security Committees Western Florida Area Maritime Security • Revise § 165.760(a)(7), Piers, (AMSC) that ‘‘advise, consult with, Committee, the Florida Region IV and Seawalls, and Facilities, Port of Tampa, report to, and make recommendations’’ VI Regional Domestic Security Task on the western side of Hooker’s Point. on matters relating to maritime security Forces, and numerous local agencies All waters, from surface to bottom, in an AMSC’s port area. See 46 U.S.C. who share in the maritime security extending 50 yards from the shore, 70112(a)(2) and 33 CFR 103.205. One mission in the Tampa Bay region. These seawall, and piers around facilities on topic the Tampa AMSC discussed is the proposed revisions are needed to ensure Hillsborough Bay northern portion of existing security zones established soon the security of vessels, facilities, and the Cut ‘‘D’’ channel, Sparkman channel, after the terrorist attacks of September surrounding areas within the Captain of Ybor Turning Basin, and Ybor channel 11, 2001. See 68 FR 47852, August 12, the Port Sector St. Petersburg Zone within the Port of Tampa encompassed 2003, and 68 FR 52340, September 3, following the expiration of the by a line connecting the following 2003. currently-effective temporary final rule, points: 27°54.74′ N, 082°26.47′ W; These existing security zones were 72 FR 45162, August 13, 2007. northwest to 27°55.25′ N, 082°26.73′ W; established in 2003 and codified in 33 In 2005, Sector St. Petersburg was then north-northwest to 27°55.60′ N, CFR 165.760 and 165.764 by the Captain created, replacing the Captain of the 082°26.80′ W; then north-northeast to of the Port Tampa. As noted in the Port Tampa Zone. Authority to create 27°56.00′ N, 082°26.75′ W; then notice of proposed rulemakings for security zones in the Tampa Bay region northeast to 27°56.58′ N, 082°26.53′ W; these two final rules, there were a now resides with the Sector St. and north to 27°57.29′ N, 082°26.51′ W; number of temporary security zone rules Petersburg Captain of the Port. See 70 west to 27°57.29′ N, 082°26.61′ W; then issued before these two final rules. See FR 41415, July 19, 2005, and 72 FR southerly to 27°56.65′ N, 082°26.63′ W; 68 FR 7093, February 12, 2003 and 68 36316, July 2, 2007. southwesterly to 27°56.58′ N, 082°26.69′ FR 19166, April 18, 2003. W; then southwesterly and terminating Some of the security zones in Discussion of Proposed Rule at 27°56.53′ N, 082°26.90′ W. §§ 165.760 and 165.764 were suspended The security zones described in this • Remove § 165.764(a)(1) and add from July 26, 2007 until January 1, 2008, notice have been discussed, vetted and § 165.764(a)(14), Big Bend Power Plant, and revised, temporary security zones recommended by representatives of the FL. All waters of Tampa Bay, from were made effective during this same Department of Homeland Security’s surface to bottom, adjacent to the Big period. See 72 FR 45162, August 13, Office of Infrastructure Protection, the Bend Power Facility, and within an area 2007. These temporary changes were Western Florida Area Maritime Security bounded by a line connecting the made based on the newly-developed Committee, the Florida Region IV and following points: 27°48.08′ N, Maritime Security Risk Analysis tool VI Regional Domestic Security Task 082°24.88′ W; then northwest to utilized by the AMSC. Forces, and numerous local agencies 27°48.15′ N, 082°24.96′ W; then A Tampa AMSC working group who share in the maritime security southwest to 27°48.10′ N, 082°25.00′ W; evaluated risk to the maritime mission in the Tampa Bay region. then south-southwest to 27°47.85′ N, transportation system (MTS) within The following areas are proposed to 082°25.03′ W; then southeast to Tampa Bay, and assessed various risk be established as permanent security 27°47.85′ N, 082°24.79′ W; then east to mitigation options. The results of the zones in 33 CFR 165.760 by revising or 27°47.55′ N, 082°24.04′ W; then north to risk assessment indicated the need to adding the following paragraphs in that 27°47.62′ N, 082°84.04′ W; then west to revise the following established security section. All coordinates were fixed 27°47.60′ N, 082°24.72′ W; then north to zones for the purpose of enhancing port using the North American Datum of 27°48.03′ N, 082°24.70′ W; then security for the region: 1983. northwest to 27°48.08′ N, 082°24.88′ W, • § 165.760(a)(1), Rattlesnake, Tampa, • Revise § 165.760(a)(3), Sunshine closing off entrance to Big Bend Power FL; Skyway Bridge, Tampa, FL. All waters Facility and the attached cooling canal. • § 165.760(a)(3), Sunshine Skyway in Tampa Bay, from surface to bottom, • Remove § 165.764(a)(2), revised its Bridge, Tampa, FL; in Cut ‘‘A’’ channel beneath the bridge’s heading but add its text unchanged to a • § 165.760(a)(5), Piers, Seawalls, and main span encompassed by a line new § 165.764(a)(15), Weedon Island Facilities, Port of Tampa, Port Sutton connecting the following points: Power Plant, FL. All waters of Tampa and East Bay; 27°37.30′ N, 082°39.38′ W to 27°37.13′ Bay, from surface to bottom, extending • § 165.760(a)(7), Piers, Seawalls, and N, 082°39.26′ W; and, the bridge 50-yards from the shore, seawall and Facilities, Port of Tampa, on the western structure columns, base and dolphins. piers around the Power Facility at side of Hooker’s Point; This zone is specific to the bridge Weedon Island encompassed by a line • § 165.764(a)(1), Big Bend, Tampa structure and dolphins and does not connecting the following points: Bay, Florida zone. include waters adjacent to the bridge 27°51.52′ N, 082°35.82′ W; then north

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and east along the shore to 27°51.54′ N, Notice to Mariners on VHF FM Marine owned and operated and are not 082°35.78′ W; then north to 27°51.68′ N, Band Radio, Channel 22A. For vessels dominant in their fields, and 082°35.78′ W; then north to 27°51.75′ N, not equipped with a radio, there will governmental jurisdictions with 082°35.78′ W, closing off entrance to the also be on site notification via a populations of less than 50,000. canal; then north to 27°51.89′ N, designated representative of the Captain ° ′ The Coast Guard certifies under 5 082 35.82 W; then west along the shore of the Port. A graphical representation U.S.C. 605(b) that this proposed rule to 27°51.89′ N, 082°36.10′ W; then west of all fixed security zones will be made ° ′ ° ′ will not have a significant economic to 27 51.89 N, 082 36.14 W, closing off available via the World Wide Web: impact on a substantial number of small entrance to the canal. http://homeport.uscg.mil/mycg/portal/ entities because the majority of the • Revise § 165.760(a)(1), Rattlesnake ep/ zones are limited in size, leaving ample Tampa, FL. All water, from surface to portDirectory.do?tabId=1&cotpId=50, room for vessels to navigate around the bottom, in Old Tampa Bay east and Coast Pilot and nautical charts. zones. The zones will not significantly south of a line commencing at position Because we proposed to move the impact commuter and passenger vessel 27°53.32′ N, 082°32.05′ W; north to only two security zones in § 165.764 to traffic patterns, and mariners will be 27°53.36′ N, 082°32.05′ W, including on § 165.760, we propose to remove and notified of the zones via local notice to land portions of Chemical Formulators reserve § 165.764. mariners and marine broadcasts. Also, Chlorine Facility, where the fenced area We also proposed to reverse the order the Captain of the Port may, on a case- is bounded by a line connecting the of the regulations and definitions by-case basis, allow persons or vessels following points: 27°53.21′ N, paragraphs in § 165.760 by having the to enter a security zone. 082°32.11′ W; west to 27°53.22′ N, definitions appear first. We proposed to 082°32.23′ W; then north to 27°53.25′ N, add a definition designated If you think that your business, 082°32.23′ W; then west again to representative to the revised paragraph organization, or governmental 27°53.25′ N, 082°32.27′ W; then north (b). jurisdiction qualifies as a small entity again to 27°53.29′ N, 082°32.25′ W; then In revised paragraph (c) we have and that this rule would have a east to 27°53.30′ N, 082°32.16′ W; then replaced references to the Captain of the significant economic impact on it, southeast terminating at 27°53.21′ N, Port Tampa with references to Captain please submit a comment (see 082°32.11′ W. of the Port Sector St. Petersburg and ADDRESSES) explaining why you think it Please note that the portion of the made references to using Broadcast qualifies and how and to what degree description of § 165.760(a)(1) after the Notice to Mariners to announce the this rule would economically affect it. word ‘‘including’’ differs from the activation of moving security zones by Assistance for Small Entities currently effective temporary § 165.T07– cruise ships entering certain waters— 047(a)(1). We determined that the see § 165.760(a)(9). Under section 213(a) of the Small ‘‘fenced area’’ should be more clearly Regulatory Evaluation Business Regulatory Enforcement defined in the permanent regulation and Fairness Act of 1996 (Pub. L. 104–121), propose replacing the following This proposed rule is not a we want to assist small entities in description ‘‘including the fenced area ‘‘significant regulatory action’’ under understanding this proposed rule so that encompassing the Chemical Formulator section 3(f) of Executive Order 12866, they can better evaluate its effects on Chlorine Facility’’ in TFR 72 FR 45162– Regulatory Planning and Review, and them and participate in the rulemaking. 01 with a more accurate North does not require an assessment of If the rule would affect your small American Datum Description. The new potential costs and benefits under business, organization, or governmental description is: ‘‘including on land section 6(a)(3) of that Order. The Office jurisdiction and you have questions portions of Chemical Formulators of Management and Budget has not concerning its provisions or options for Chlorine Facility where the fenced area reviewed it under that Order. compliance, please contact the office is bounded by a line connecting the We expect the economic impact of listed under FOR FURTHER INFORMATION following points: 27°53.21′ N, this proposed rule to be so minimal that ° ′ ° ′ CONTACT, for assistance in 082 32.11 W; west to 27 53.22 N, a full Regulatory Evaluation is understanding this rule. The Coast 082°32.23′ W; then north to 27°53.25′ N, unnecessary. This proposed rule may ° ′ Guard will not retaliate against small 082 32.23 W; then west again to have some impact on the public, but entities that question or complain about 27°53.25′ N, 082°32.27′ W; then north these potential impacts will be ° ′ ° ′ this rule or any policy or action of the again to 27 53.29 N, 082 32.25 W; then minimized for the following reasons: Coast Guard. east to 27°53.30′ N, 082°32.16′ W; then There is ample room for vessels to southeast terminating at 27°53.21′ N, navigate around security zones, and Collection of Information 082°32.11′ W.’’ there are several locations for Entry into or remaining on or within recreational and commercial fishing This proposed rule would call for no these proposed revised zones would be vessels to fish throughout the Tampa new collection of information under the prohibited unless authorized by the Bay Region. Also, the Captain of the Paperwork Reduction Act of 1995 (44 Captain of the Port Sector St. Petersburg Port may, on a case-by-case basis allow U.S.C. 3501–3520). or his designated representative. persons or vessels to enter a security Federalism Persons desiring to transit the area of zone. the security zone may contact the A rule has implications for federalism Captain of the Port Sector St. Petersburg Small Entities under Executive Order 13132, or his designated representative on VHF Under the Regulatory Flexibility Act Federalism, if it has a substantial direct channel 16 to seek permission to transit (5 U.S.C. 601–612), we have considered effect on State or local governments and the area. If permission is granted, all whether this proposed rule would have would either preempt State law or persons and vessels must comply with a significant economic impact on a impose a substantial direct cost of the instructions of the Captain of the substantial number of small entities. compliance on them. We have analyzed Port or his designated representative. In The term ‘‘small entities’’ comprises this proposed rule under that Order and the case of moving security zones, small businesses, not-for-profit have determined that it does not have notification will be given by Broadcast organizations that are independently implications for federalism.

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Unfunded Mandates Reform Act of Information and Regulatory Affairs 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. The Unfunded Mandates Reform Act has not designated it as a significant of 1995 (2 U.S.C. 1531–1538) requires energy action. Therefore, it does not 2. In § 165.760, revise paragraphs Federal agencies to assess the effects of require a Statement of Energy Effects (a)(1), (a)(3), (a)(5), (a)(7), (b) and (c), their discretionary regulatory actions. In under Executive Order 13211. and add paragraphs (a)(14) and (a)(15) to particular, the Act addresses actions Technical Standards read as follows: that may result in the expenditure by a The National Technology Transfer § 165.760 Security Zones; Tampa Bay, Port State, local, or tribal government, in the of Tampa, Port of Saint Petersburg, aggregate, or by the private sector of and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use Rattlesnake, Old Port Tampa, Big Bend, $100,000,000 or more in any one year. Weedon Island, and Crystal River; Florida. voluntary consensus standards in their Though this proposed rule would not (a) * * * result in such expenditure, we do regulatory activities unless the agency provides Congress, through the Office of (1) Rattlesnake, Tampa, FL. All water, discuss the effects of this rule elsewhere from surface to bottom, in Old Tampa in this preamble. Management and Budget, with an explanation of why using these Bay east and south of a line ° ′ Taking of Private Property standards would be inconsistent with commencing at position 27 53.32 N, ° ′ ° ′ applicable law or otherwise impractical. 082 32.05 W; north to 27 53.36 N, This proposed rule would not effect a ° ′ taking of private property or otherwise Voluntary consensus standards are 082 32.05 W, including on land have taking implications under technical standards (e.g., specifications portions of Chemical Formulators Executive Order 12630, Governmental of materials, performance, design, or Chlorine Facility, where, the fenced area operation; test methods; sampling is bounded by a line connecting the Actions and Interference with ° ′ procedures; and related management following points: 27 53.21 N, Constitutionally Protected Property ° ′ ° ′ systems practices) that are developed or 082 32.11 W; west to 27 53.22 N, Rights. ° ′ ° ′ adopted by voluntary consensus 082 32.23 W; then north to 27 53.25 N, ° ′ Civil Justice Reform standards bodies. 082 32.23 W; then west again to ° ′ ° ′ This proposed rule meets applicable This proposed rule does not use 27 53.25 N, 082 32.27 W; then north ° ′ ° ′ standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did again to 27 53.29 N, 082 32.25 W; then ° ′ ° ′ Executive Order 12988, Civil Justice not consider the use of voluntary east to 27 53.30 N, 082 32.16 W; then ° ′ Reform, to minimize litigation, consensus standards. southeast terminating at 27 53.21 N, eliminate ambiguity, and reduce 082°32.11′ W. burden. Environment * * * * * (3) Sunshine Skyway Bridge, FL. All Protection of Children We have analyzed this proposed rule under Commandant Instruction waters in Tampa Bay, from surface to We have analyzed this proposed rule M16475.lD which guides the Coast bottom, in Cut ‘‘A’’ channel beneath the under Executive Order 13045, Guard in complying with the National bridge’s main span encompassed by a Protection of Children from Environmental Policy Act of 1969 line connecting the following points: Environmental Health Risks and Safety (NEPA) (42 U.S.C. 4321–4370f), and 27°37.30′ N, 082°39.38′ W to 27°37.13′ Risks. This rule is not an economically have made a preliminary determination N, 082°39.26′ W; and, the bridge significant rule and would not create an that this action is not likely to have a structure columns, base and dolphins. environmental risk to health or risk to significant effect on the human This zone is specific to the bridge safety that might disproportionately environment. A preliminary structure and dolphins and does not affect children. ‘‘Environmental Analysis Check List’’ include waters adjacent to the bridge Indian Tribal Governments supporting this preliminary columns or dolphins outside of the determination is available in the docket bridge’s main span. This proposed rule does not have where indicated under ADDRESSES. We tribal implications under Executive * * * * * seek any comments or information that Order 13175, Consultation and (5) Piers, seawalls, and facilities, Port may lead to the discovery of a Coordination with Indian Tribal of Tampa and Port Sutton, Tampa, FL. significant environmental impact from Governments, because it would not have All waters, from surface to bottom, this proposed rule. a substantial direct effect on one or extending 50 yards from the shore, more Indian tribes, on the relationship List of Subjects in 33 CFR Part 165 seawall, and piers around facilities in Port Sutton within the Port of Tampa between the Federal Government and Harbors, Marine safety, Navigation Indian tribes, or on the distribution of encompassed by a line connecting the (water), Reporting and record keeping following points: 27°54.15′ N, power and responsibilities between the requirements, Security measures, ° ′ ° ′ Federal Government and Indian tribes. 082 26.11 W; east northeast to 27 54.19 Waterways. N, 082°26.00′ W; then northeast to ° ′ ° ′ Energy Effects Words of Issuance and Regulatory Text 27 54.37 N, 082 25.72 W, closing off We have analyzed this proposed rule all Port Sutton channel; then northerly For the reasons discussed in the under Executive Order 13211, Actions to 27°54.48′ N, 082°25.70′ W. preamble, the Coast Guard proposes to Concerning Regulations That * * * * * amend 33 CFR part 165 as follows: Significantly Affect Energy Supply, (7) Piers, seawalls, and facilities, Port Distribution, or Use. We have PART 165—REGULATED NAVIGATION of Tampa, on the western side of determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS Hooker’s Point, Tampa, FL. All waters, energy action’’ under that order because from surface to bottom, extending 50 it is not a ‘‘significant regulatory action’’ 1. The authority citation for part 165 yards from the shore, seawall, and piers under Executive Order 12866 and is not continues to read as follows: around facilities on Hillsborough Bay likely to have a significant adverse effect Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. northern portion of Cut ‘‘D’’ channel, on the supply, distribution, or use of Chapter 701; 50 U.S.C. 191, 195; 33 CFR Sparkman channel, Ybor Turning Basin, energy. The Administrator of the Office 1.05–1, 6.04–1, 6.04–6 and 160.5; Pub. L. and Ybor channel within the Port of

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Tampa encompassed by a line section is prohibited unless authorized December 6, 2007. A public meeting connecting the following points: by the Captain of the Port St. Petersburg will be held starting at 10 a.m. on 27°54.74′ N, 082°26.47′ W; northwest to or his designated representative. November 13, 2007. ° ′ ° ′ (2) Persons desiring to transit the area 27 55.25 N, 082 26.73 W; then north- ADDRESSES: You may mail comments northwest to 27°55.60′ N, 082°26.80′ W; of the security zone may contact the ° ′ and related material to Coast Guard then north-northeast to 27 56.00 N, Captain of the Port St. Petersburg or his Sector St. Petersburg, Prevention 082°26.75′ W; then northeast to designated representative on VHF ° ′ ° ′ Department, 155 Columbia Drive, 27 56.58 N, 082 26.53 W; and north to channel 16 to seek permission to transit Tampa, FL. 33606–3598. Coast Guard 27°57.29′ N, 082°26.51′ W; west to the area. If permission is granted, all ° ′ ° ′ Sector St. Petersburg, Prevention 27 57.29 N, 082 26.61 W; then persons and vessels must comply with Department maintains the public docket southerly to 27°56.65′ N, 082°26.63′ W; the instructions of the Captain of the ° ′ ° ′ for this rule making. Comments and southwesterly to 27 56.58 N, 082 26.69 Port or designated representative. In the material received from the public, as W; then southwesterly and terminating case of moving security zones, ° ′ ° ′ well as documents indicated in this at 27 56.53 N, 082 26.90 W. notification of activation of these zones preamble as being available in the * * * * * will be given by Broadcast Notice to docket, will become part of this docket (14) Big Bend Power Plant, FL. All Mariners on VHF FM Marine Band and will be available for inspection or waters of Tampa Bay, from surface to Radio, Channel 22A. For vessels not copying at Coast Guard Sector St. bottom, adjacent to the Big Bend Power equipped with a radio, there will also be Petersburg, Prevention Department, 155 Facility, and within an area bounded by on site notification via a designated Columbia Drive, Tampa, FL. 33606– a line connecting the following points: representative of the Captain of the Port. 3598 between 7:30 a.m. and 3:30 p.m., 27°48′08″ N, 082°24′88″ W; then Note to § 165.760 (c)(2): A graphical Monday through Friday, except Federal northwest to 27°48′15″ N, 082°24′96″ W; representation of all fixed security zones will holidays. The location of the public then southwest to 27°48′10″ N, be made available via the Coast Pilot and meeting is Port Manatee, 300 Tampa nautical charts. 082°25′00″ W; then south-southwest to Bay Way, Palmetto, FL 34221. 27°47′85″ N, 082°25′03″ W; then (3) Enforcement. Under § 165.33, no FOR FURTHER INFORMATION CONTACT: southeast to 27°47′85″ N, 082°24′79″ W; person may cause or authorize the Lieutenant Jessica Crandell at the then east to 27°47′55″ N, 082°24′04″ W; operation of a vessel in the security Waterways Management Division, then north to 27°47′62″ N, 082°84′04″ zones contrary to the provisions of this Sector St. Petersburg, FL (813) 228–2191 W; then west to 27°47′60″ N, 082°24′72″ section. Ext 8146. W; then north to 27°48′03″ N, * * * * * 082°24′70″ W; then northwest to SUPPLEMENTARY INFORMATION: ° ′ ″ ° ′ ″ § 165.764 [Removed] 27 48 08 N, 082 24 88 W, closing off Request for Comments entrance to Big Bend Power Facility and 3. Remove and reserve § 165.764. the attached cooling canal. Dated: October 29, 2007. We encourage you to participate in (15) Weedon Island Power Plant, FL. J.A. Servidio, this rulemaking by submitting All waters of Tampa Bay, from surface Captain, U.S. Coast Guard, Captain of the comments and related material. If you to bottom, extending 50-yards from the Port St. Petersburg. do so, please include the docket number shore, seawall and piers around the [FR Doc. E7–21760 Filed 11–5–07; 8:45 am] for this rulemaking (COTP 07–226), indicate the specific section of this Power Facility at Weedon Island BILLING CODE 4910–15–P encompassed by a line connecting the document to which each comment following points: 27°51′52″ N, applies, and give the reason for each 082°35′82″ W; then north and east along DEPARTMENT OF HOMELAND comment. We recommend that you the shore to 27°51′54″ N, 082°35′78″ W; SECURITY include your name and a mailing then north to 27°51′68″ N, 082°35′78″ address, an e-mail address, or a phone W; then north to 27°51′75″ N, Coast Guard number in the body of your document 082°35′78″ W, closing off entrance to the so that we can contact you if we have canal; then north to 27°51′89″ N, 33 CFR Part 165 questions regarding your submission. ° ′ ″ 082 35 82 W; then west along the shore [Docket No. COTP St. Petersburg 07–226] For example, we may ask you to to 27°51′89″ N, 082°36′10″ W; then west resubmit your comment if we are not to 27°51′89″ N, 082°36′14″ W, closing RIN 1625–AA87 able to read your original submission. off entrance to the canal. Please submit all comments and related (b) Definitions. As used in this Security Zone; Manbirtee Key, Port of material in an unbound format, no section— Manatee, FL larger than 81/2 by 11 inches, suitable Cruise ship means a vessel required to AGENCY: Coast Guard, DHS. for copying. If you would like to know comply with 33 CFR part 120. ACTION: Notice of proposed rulemaking they reached us, please enclose a Designated representative means and public meeting. stamped, self-addressed postcard or Coast Guard Patrol Commanders envelope. We will consider all including Coast Guard coxswains, petty SUMMARY: The Coast Guard proposes to comments and material received during officers and other officers operating establish a new security zone in the the comment period. We may change Coast Guard vessels, and federal, state, Manbirtee Key area of Port of Manatee, this proposed rule in view of them. Florida. The purpose of this security and local officers designated by or Public Meeting assisting the Captain of the Port (COTP), zone is to ensure the security of vessels, in the enforcement of regulated facilities, and the surrounding area. We will hold a public meeting to navigation areas, safety zones, and Entry into the security zone would be discuss any items of concern related to security zones. prohibited without permission of the the proposed changes to the security (c) Regulation. (1) Entry into or Captain of the Port. zone outlined in this document. The remaining on or within the zones DATES: Comments and related material date and time of this meeting is 10 a.m., described in paragraph (a) of this must reach the Coast Guard on or before November 13, 2007. The location of the

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meeting is Port Manatee, 300 Tampa a full Regulatory Evaluation is Guard will not retaliate against small Bay Way, Palmetto, FL 34221. unnecessary. This proposed rule may entities that question or complain about have some impact on the public, but this rule or any policy or action of the Background and Purpose these potential impacts will be Coast Guard. The Maritime Transportation Security minimized for the following reasons: Act authorized the establishment of There is ample room for vessels to Collection of Information Area Maritime Security Committees navigate around the security zone, and This proposed rule would call for no (AMSC) that ‘‘advise, consult with, there are several locations for new collection of information under the report to, and make recommendations’’ recreational and commercial fishing Paperwork Reduction Act of 1995 (44 on matters relating to maritime security vessels to fish throughout the Tampa U.S.C. 3501–3520.). in an AMSC’s port area. See 46 U.S.C. Bay Region. Also, the Captain of the Federalism 70112(a)(2) and 33 CFR 103.205. One Port may, on a case-by-case basis allow topic the Tampa AMSC discussed is the persons or vessels to enter a security A rule has implications for federalism existing security zones that were zone. under Executive Order 13132, established immediately following the Federalism, if it has a substantial direct Small Entities terrorist attacks of September 11, 2001. effect on State or local governments and See 68 FR 47852, August 12, 2003, and Under the Regulatory Flexibility Act would either preempt State law or 68 FR 52340, September 3, 2003. (5 U.S.C. 601–612), we have considered impose a substantial direct cost of In July 2007, using the newly- whether this proposed rule would have compliance on them. We have analyzed developed Maritime Security Risk a significant economic impact on a this proposed rule under that Order and Analysis tool, the Tampa AMSC substantial number of small entities. have determined that it does not have working group evaluated risk to the The term ‘‘small entities’’ comprises implications for federalism. maritime transportation system (MTS) small businesses, not-for-profit Unfunded Mandates Reform Act within Tampa Bay, and assessed various organizations that are independently risk mitigation options. The results of owned and operated and are not The Unfunded Mandates Reform Act the risk assessment indicated the need dominant in their fields, and of 1995 (2 U.S.C. 1531–1538) requires to establish a new security zone in the governmental jurisdictions with Federal agencies to assess the effects of vicinity of Manbirtee Key, FL. To assist populations of less than 50,000. their discretionary regulatory actions. In in assessment of risk mitigation options The Coast Guard certifies under 5 particular, the Act addresses actions in the vicinity of Manbirtee Key, FL, a U.S.C. 605(b) that this proposed rule that may result in the expenditure by a focus group session was held with Coast will not have a significant economic State, local, or tribal government, in the Guard licensed mariners on July 25, impact on a substantial number of small aggregate, or by the private sector of 2007. entities because the zone is limited in $100,000,000 or more in any one year. size, leaving ample room for vessels to Though this proposed rule would not Discussion of Proposed Rule navigate around the zone. The zone will result in such expenditure, we do This proposed rule would create a not significantly impact commuter and discuss the effects of this rule elsewhere security zone in the following area: All passenger vessel traffic patterns, and in this preamble. waters of Tampa Bay, from surface to mariners will be notified of the zone via bottom, surrounding Manbirtee Key, local notice to mariners and marine Taking of Private Property Tampa Bay, FL extending 500 yards broadcasts. Also, the Captain of the Port This proposed rule would not effect a from the island’s shoreline, in all may, on a case-by-case basis, allow taking of private property or otherwise directions, with the exception of the persons or vessels to enter a security have taking implications under Port Manatee Channel. zone. Executive Order 12630, Governmental Entry into or remaining on or within If you think that your business, Actions and Interference with this zone would be prohibited unless organization, or governmental Constitutionally Protected Property authorized by the Captain of the Port jurisdiction qualifies as a small entity Rights. Sector St. Petersburg or his designated and that this rule would have a representative. Persons desiring to significant economic impact on it, Civil Justice Reform transit the area of the security zone may please submit a comment (see This proposed rule meets applicable contact the Captain of the Port St. ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of Petersburg or his designee on VHF qualifies and how and to what degree Executive Order 12988, Civil Justice channel 16 to seek permission to transit this rule would economically affect it. Reform, to minimize litigation, eliminate ambiguity, and reduce the area. If permission is granted, all Assistance for Small Entities persons and vessels must comply with burden. the instructions of the Captain of the Under section 213(a) of the Small Protection of Children Port or his designated representative. Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule Regulatory Evaluation we want to assist small entities in under Executive Order 13045, This proposed rule is not a understanding this proposed rule so that Protection of Children from ‘‘significant regulatory action’’ under they can better evaluate its effects on Environmental Health Risks and Safety section 3(f) of Executive Order 12866, them and participate in the rulemaking. Risks. This rule is not an economically Regulatory Planning and Review, and If the rule would affect your small significant rule and would not create an does not require an assessment of business, organization, or governmental environmental risk to health or risk to potential costs and benefits under jurisdiction and you have questions safety that might disproportionately section 6(a)(3) of that Order. The Office concerning its provisions or options for affect children. of Management and Budget has not compliance, please contact the office Indian Tribal Governments reviewed it under that Order. listed under FOR FURTHER INFORMATION We expect the economic impact of CONTACT, for assistance in This proposed rule does not have this proposed rule to be so minimal that understanding this rule. The Coast tribal implications under Executive

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Order 13175, Consultation and may lead to the discovery of a Dated: October 29, 2007. Coordination with Indian Tribal significant environmental impact from J.A. Servidio, Governments, because it would not have this proposed rule. Captain, U.S. Coast Guard, Captain of the a substantial direct effect on one or Port St. Petersburg. List of Subjects in 33 CFR Part 165 more Indian tribes, on the relationship [FR Doc. E7–21761 Filed 11–5–07; 8:45 am] between the Federal Government and Harbors, Marine safety, Navigation BILLING CODE 4910–15–P Indian tribes, or on the distribution of (water), Reporting and recordkeeping power and responsibilities between the requirements, Security measures, Federal Government and Indian tribes. Waterways. ENVIRONMENTAL PROTECTION Energy Effects Words of Issuance and Proposed AGENCY Regulatory Text We have analyzed this proposed rule 40 CFR Part 52 under Executive Order 13211, Actions For the reasons discussed in the Concerning Regulations That preamble, the Coast Guard proposes to [EPA–R08–OAR–2007–0622; FRL–8490–5] Significantly Affect Energy Supply, amend 33 CFR part 165 as follows: Approval and Promulgation of Air Distribution, or Use. We have Quality Implementation Plans; State of determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Colorado; Revised Denver PM10 energy action’’ under that order because Maintenance Plan it is not a ‘‘significant regulatory action’’ 1. The authority citation for part 165 under Executive Order 12866 and is not AGENCY: Environmental Protection continues to read as follows: likely to have a significant adverse effect Agency (EPA). on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. ACTION: Proposed rule. energy. The Administrator of the Office Chapter 701; 50 U.S.C. 191, 195; 33 CFR of Information and Regulatory Affairs 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. SUMMARY: EPA is proposing to take 107–295, 116 Stat. 2064; Department of direct final action approving a State has not designated it as a significant Homeland Security Delegation No. 0170.1. energy action. Therefore, it does not Implementation Plan (SIP) revision require a Statement of Energy Effects 2. Add § 165.767 to read as follows: submitted by the State of Colorado. On under Executive Order 13211. September 25, 2006, the Governor’s § 165.767 Security Zone; Manbirtee Key, designee submitted a revised plan for Technical Standards Port of Manatee, Florida. particulate matter with an aerodynamic The National Technology Transfer (a) Regulated area. The following area diameter, less than or equal to 10 and Advancement Act (NTTAA) (15 is a security zone: All waters of Tampa microns (PM10) for the Denver U.S.C. 272 note) directs agencies to use Bay, from surface to bottom, metropolitan area for the PM10 National voluntary consensus standards in their surrounding Manbirtee Key, Tampa Bay, Ambient Air Quality Standard regulatory activities unless the agency FL, extending 500 yards from the (NAAQS). This revised maintenance provides Congress, through the Office of island’s shoreline, in all directions, with plan addresses maintenance of the Management and Budget, with an the exception of the Port Manatee PM10 standard for a second ten-year explanation of why using these Channel. period beyond redesignation, extends standards would be inconsistent with (b) Definitions. As used in this the horizon years, and contains revised applicable law or otherwise impractical. section, designated representative transportation conformity budgets. EPA Voluntary consensus standards are means Coast Guard Patrol Commanders is approving the removal of Regulation technical standards (e.g., specifications including Coast Guard coxswains, petty No. 11, ‘‘Motor Vehicle Emissions of materials, performance, design, or officers and other officers operating Inspection Program’’ from Denver’s operation; test methods; sampling Coast Guard vessels, and federal, state, revised PM10 maintenance plan. In procedures; and related management and local officers designated by or addition, EPA is approving a systems practices) that are developed or assisting the Captain of the Port (COTP), transportation budget trading protocol adopted by voluntary consensus in the enforcement of regulated for estimating the PM10 and nitrogen standards bodies. navigation areas, safety zones, and oxides (NOx) for each conformity This proposed rule does not use security zones. determination. This action is being technical standards. Therefore, we did (c) Regulation. (1) Entry into or taken under section 110 of the Clean Air not consider the use of voluntary remaining on or within the security Act. consensus standards. zone described in paragraph (a) of this In the ‘‘Rules and Regulations’’ section is prohibited unless authorized section of this Federal Register, EPA is Environment by the Captain of the Port St. Petersburg approving the State’s SIP revision as a We have analyzed this proposed rule or his designated representative. direct final rule without prior proposal under Commandant Instruction (2) Persons desiring to transit the because the Agency views this as a M16475.lD which guides the Coast security zone may contact the Captain of noncontroversial SIP revision and Guard in complying with the National the Port St. Petersburg or his designated anticipates no adverse comments. A Environmental Policy Act of 1969 representative on VHF channel 16 to detailed rationale for the approval is set (NEPA) (42 U.S.C. 4321–4370f), and seek permission to transit the area. If forth in the preamble to the direct final have made a preliminary determination permission is granted, all persons and rule. If EPA receives no adverse that this action is not likely to have a vessels must comply with the comments, EPA will not take further significant effect on the human instructions of the Captain of the Port or action on this proposed rule. If EPA environment. A preliminary the designated representative. receives adverse comments, EPA will ‘‘Environmental Analysis Check List’’ (3) Enforcement. Under § 165.33, no withdraw the direct final rule and it will supporting this preliminary person may cause or authorize the not take effect. EPA will address all determination is available in the docket operation of a vessel in the security public comments in a subsequent final where indicated under ADDRESSES. We zone contrary to the provisions of this rule based on this proposed rule. EPA seek any comments or information that section. will not institute a second comment

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period on this action. Any parties ENVIRONMENTAL PROTECTION approval is set forth in the direct final interested in commenting must do so at AGENCY rule. If no relevant adverse comments this time. Please note that if EPA are received in response to this action, receives adverse comment on an 40 CFR Part 52 no further activity is contemplated. If amendment, paragraph, or section of the [EPA–R06–OAR–2006–0271; FRL–8491–5] EPA receives adverse comments, the rule and if that provision may be direct final rule will be withdrawn and severed from the remainder of the rule, Approval and Promulgation of Air all public comments received will be EPA may adopt as final those provisions Quality Implementation Plans; addressed in a subsequent final rule of the rule that are not the subject of an Louisiana; Approval of 8-Hour Ozone based on this proposed rule. EPA will adverse comment. Section 110(a)(1) Maintenance Plans not institute a second comment period. DATES: Written comments must be for the Parishes of Beauregard, Grant, Any parties interested in commenting received on or before December 6, 2007. and St. Mary on this action should do so at this time. Please note that if EPA receives adverse ADDRESSES: Submit your comments, AGENCY: Environmental Protection identified by Docket ID No. EPA–R08– comment on an amendment, paragraph, Agency (EPA). or section of this rule and if that OAR–2007–0622, by one of the ACTION: Proposed rule. following methods: provision may be severed from the remainder of the rule, EPA may adopt • http://www.regulations.gov. Follow SUMMARY: EPA is proposing to approve as final those provisions of the rule that the on-line instructions for submitting revisions to the Louisiana State are not the subject of an adverse comments. Implementation Plan (SIP) concerning comment. • E-mail: [email protected] and the 8-hour ozone maintenance plans for For additional information, see the [email protected]. the parishes of Beauregard, Grant, and direct final rule, which is located in the • Fax: (303) 312–6064 (please alert St. Mary. On August 23, 2006, the State rules section of this Federal Register the individual listed in the FOR FURTHER of Louisiana submitted separate SIP INFORMATION CONTACT, if you are faxing revisions containing 8-hour ozone Dated: October 26, 2007. comments). maintenance plans for Beauregard and Lawrence E. Starfield, • Mail: Callie A. Videtich, Director, Grant Parishes, and on October 10, Acting Regional Administrator, Region 6. Air and Radiation Program, 2006, Louisiana submitted an 8-hour [FR Doc. E7–21688 Filed 11–5–07; 8:45 am] Environmental Protection Agency ozone maintenance plan for St. Mary BILLING CODE 6560–50–P (EPA), Region 8, Mailcode 8P–AR, 1595 Parish. These plans ensure the Wynkoop Street, Denver, Colorado continued attainment of the 8-hour 80202–1129. ozone National Ambient Air Quality • Hand Delivery: Callie A. Videtich, Standard (NAAQS) through the year FEDERAL COMMUNICATIONS Director, Air and Radiation Program, 2014. These maintenance plans meet the COMMISSION Environmental Protection Agency statutory and regulatory requirements, 47 CFR Part 74 (EPA), Region 8, Mailcode 8P–AR, 1595 and are consistent with EPA’s guidance. Wynkoop Street, Suite 300, Denver, EPA is approving the revisions pursuant [MB Docket No. 07–172; FCC 07–144] Colorado 80202–1129. Such deliveries to section 110 of the Federal Clean Air are only accepted Monday through Act (CAA). Use of FM Translators by AM Stations Friday, 8 a.m. to 4:30 p.m., excluding DATES: Written comments must be as a Fill-in Service Federal holidays. Special arrangements received on or before December 6, 2007. should be made for deliveries of boxed AGENCY: Federal Communications ADDRESSES: Comments may be mailed to Commission. information. Mr. Guy Donaldson, Chief, Air Planning ACTION: Please see the direct final rule which Section (6PD–L), Environmental Proposed rule. is located in the Rules Section of this Protection Agency, 1445 Ross Avenue, Federal Register for detailed SUMMARY: This document proposes rule Suite 1200, Dallas, Texas 75202–2733. changes that would allow AM stations instructions on how to submit Comments may also be submitted comments. to use FM translator stations to electronically or through hand delivery/ rebroadcast the AM signal locally (i.e., FOR FURTHER INFORMATION CONTACT: courier by following the detailed the service area of the FM translator Kerri Fiedler, Air and Radiation instructions in the ADDRESSES section of station would not extend beyond a 25- Program, Environmental Protection the direct final rule located in the rules mile radius from the AM transmitter Agency (EPA), Region 8, Mailcode 8P– section of this Federal Register. site, or the daytime coverage area of the AR, 1595 Wynkoop Street, Denver, FOR FURTHER INFORMATION CONTACT: AM station, whichever is smaller) to Colorado 80202–1129, phone (303) 312– Ellen Belk, Air Planning Section (6PD– improve the viability of the AM 6493, and e-mail at: L), Multimedia Planning and Permitting broadcast service and preserve localism [email protected]. Division, U.S. EPA, Region 6, 1445 Ross in the service. Comments are sought on SUPPLEMENTARY INFORMATION: See the Avenue, Dallas, Texas 75202–2733, the proposal and related eligibility information provided in the Direct Final telephone (214) 665–2164; fax number rules, program origination questions, action of the same title which is located 214–665–7263; e-mail address technical issues and timing issues. in the Rules and Regulations Section of [email protected]. DATES: Comments for this proceeding this Federal Register. SUPPLEMENTARY INFORMATION: In the are due on or before January 7, 2008. Authority: 42 U.S.C. 7401 et seq. final rules section of this Federal Reply comments are due on or before Register, EPA is approving the State’s February 4, 2008. Dated: October 22, 2007. SIP submittal as a direct final rule Written comments on the Paperwork Robert E. Roberts, without prior proposal because the Reduction Act proposed information Regional Administrator, Region VIII. Agency views this as a noncontroversial collection requirements must be [FR Doc. E7–21613 Filed 11–5–07; 8:45 am] submittal and anticipates no adverse submitted by the public, Office of BILLING CODE 6560–50–P comments. A detailed rationale for the Management and Budget (OMB), and

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other interested parties on or before AM stations to operate FM translators to Permit for an FM or TV Translator January 7, 2008. retransmit their AM service as a fill-in Station or a Low Power Television ADDRESSES: You may submit comments, service, as long as no portion of the 60 Station. identified by MB Docket No. 07–172; dBu contour of the FM translator Form Number: FCC Form 345. FCC 07–144, by any of the following extends beyond the lesser of (a) the 2 Type of Review: Revision of a methods: mV/m daytime contour of the AM currently approved collection. • Federal eRulemaking Portal: http:// station, or (b) the 25-mile radius of the Respondents: Business or other for www.regulations.gov. Follow the AM transmitter site. profit entities. instructions for submitting comments. The Notice of Proposed Rulemaking Number of Respondents: 1,000. • Federal Communications seeks comment on several rule changes Estimated Time per Response: 0.084– Commission’s Web Site: http:// necessary to expand the permissible 1 hour. www.fcc.gov/cgb/ecfs/. Follow the service of FM translator stations to Frequency of Response: instructions for submitting comments. allow their use as a fill-in service for Recordkeeping requirement; on • Mail: 445 12th Street, SW., AM radio stations, including eligibility occasion reporting requirement; third Washington, DC 20554, with a copy to and ownership issues and appropriate party disclosure requirement. the Commission’s duplicating technical limitations. Also, the Notice of Total Annual Burden: 1,542 hours. contractor, Best Copy and Printing, Inc., Proposed Rulemaking proposes to Total Annual Costs: $1,548,625. Portals II, 445 12th Street, SW., Room modify the rules to allow daytime-only Nature of Response: Required to CY–B402, Washington, DC 20554. AM licensees, during the hours their obtain or retain benefits. • People With Disabilities: Contact AM stations are not able to operate, to Nature and Extent of Confidentiality: the FCC to request reasonable originate programming on fill-in FM There is no need for confidentiality with accommodations (accessible format translators. this information collection. Privacy Act Impact Assessment: No documents, sign language interpreters, Notice of Proposed Rulemaking CART, etc.) by e-mail: [email protected] impact(s). Needs and Uses: On August 15, 2007, or phone: 202–418–0530 or TTY: 202– Initial Paperwork Reduction Act of 1995 the Commission adopted a Notice of 418–0432. Analysis For detailed instructions for Proposed Rulemaking (NPRM), This document contains proposed Amendment of Service and Eligibility submitting comments and additional information collection requirements. information on the rulemaking process, Rules for FM Broadcast Translator The Commission, as part of its Stations, MB Docket No. 07–172, FCC see the SUPPLEMENTARY INFORMATION continuing effort to reduce paperwork section of this document. 07–144. The NPRM proposes rules that burdens, invites the general public and will permit AM radio stations to use FM FOR FURTHER INFORMATION CONTACT: the Office of Management and Budget translator stations under certain Legal information: Tom Hutton, 202– (OMB), and other interested parties to circumstances. Therefore, AM radio 418–2700; technical information: James comment on the information collection stations will use FCC Form 345 when Bradshaw, 202–418–2700. requirements contained in this applying for authority for assignment of SUPPLEMENTARY INFORMATION: This is a document, as required by the Paperwork license or for consent to transfer of summary of the Federal Reduction Act of 1995, Public Law 104– control of such FM translator stations. Communications Commission’s Notice 13. Public and agency comments are The Commission proposes to revise the of Proposed Rulemaking in MB Docket due January 7, 2008. Comments should FCC Form 345 to reflect the revised No. 07–172, FCC 07–144, adopted address: (a) Whether the proposed changes in the rules applicable to FM August 7, 2007, and released August 15, collection of information is necessary translator stations. Filing of the FCC 2007. The full text of this document is for the proper performance of the Form 345 is required when applying for available for public inspection and functions of the Commission, including authority for assignment of license or copying during regular business hours whether the information shall have permit, or for consent to transfer of in the FCC Reference Center, Federal practical utility; (b) the accuracy of the control of corporate licensee or Communications Commission, 445 12th Commission’s burden estimates; (c) permittee for an FM or TV translator Street, SW., CY–A257, Washington, DC ways to enhance the quality, utility, and station, or low power TV station. 20554. These documents will also be clarity of the information collected; and OMB Control Number: 3060–0110. available via ECFS (http://www.fcc.gov/ (d) ways to minimize the burden of the Title: Application for Renewal of cgb/ecfs). The complete text may be collection of information on the Broadcast Station License. purchased from the Commission’s copy respondents, including the use of Form Number: FCC Form 303–S. contractor, 445 12th Street, SW., Room automated collection techniques or Type of Review: Revision of a CY–B402, Washington, DC 20554. To other forms of information technology. currently approved collection. request this document in accessible In addition, pursuant to the Small Respondents: Business or other for formats (computer diskettes, large print, Business Paperwork Relief Act of 2002, profit entities; Not for profit institutions. audio recording and Braille), send an e- Public Law 107–198, 44 U.S.C. Number of Respondents: 3,884. mail to [email protected] or call the FCC’s 3506(c)(4), we seek specific comment on Estimated Time per Response: 0.67— Consumer and Governmental Affairs how we might ‘‘further reduce the 11.5 hours. Bureau at (202) 418–0530 (voice) (202) information collection burden for small Frequency of Response: Every eight 418–0432 (TTY). burden for small business concerns with year reporting requirement; Third party fewer than 25 employees.’’ disclosure requirement. Summary of the Notice of Proposed The proposed information collection Total Annual Burden: 6,446 hours. Rulemaking requirements that the Commission seeks Total Annual Costs: $1,943,778. The Notice of Proposed Rulemaking public comment on are as follows: Nature of Response: Required to proposes to amend the Commission’s OMB Control Number: 3060–0075. obtain or retain benefits. Rules to allow AM broadcast stations to Title: Application for Transfer of Nature and Extent of Confidentiality: license and operate FM translator Control of a Corporate Licensee or There is no need for confidentiality with stations. The rule changes would allow Permittee or Assignment of License or this information collection.

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Privacy Act Impact Assessment: No 47 CFR 74.1284 requires that the www.reginfo.gov/public/do/PRAMain, impact(s). licensee of an FM translator station (2) look for the section of the Web page Needs and Uses: On August 15, 2007, obtain prior consent to rebroadcast called ‘‘Currently Under Review,’’ (3) the Commission adopted a Notice of programs of any broadcast station or click on the downward-pointing arrow Proposed Rulemaking (NPRM), other FM translator. The licensee of the in the ‘‘Select Agency’’ box below the Amendment of Service and Eligibility FM translator station must notify the ‘‘Currently Under Review’’ heading, (4) Rules for FM Broadcast Translator Commission of the call letters of each select ‘‘Federal Communications Stations, MB Docket No. 07–172, FCC station rebroadcast and must certify that Commission’’ from the list of agencies 07–144. The NPRM proposes rules that written consent has been received from presented in the ‘‘Select Agency’’ box, will permit AM radio stations to use FM the licensee of that station. (5) click the ‘‘Submit’’ button to the translator stations under certain OMB Control Number: 3060–0404. right of the ‘‘Select Agency’’ box, (6) circumstances. FCC Form 303–S will be Title: Application for an FM when the list of FCC ICRs currently used in applying for renewal of license Translator or FM Booster Station under review appears, look for the title of such commercial or noncommercial License. of this ICR (or its OMB control number, Form Number: FCC Form 350. FM translator stations. The Commission if there is one) and then click on the ICR Type of Review: Revision of a also proposes to revise the FCC Form Reference Number to view detailed currently approved collection. 303–S to reflect the revised changes in information about this ICR.’’ the rules applicable to FM translator Respondents: Business or other for stations used by AM stations to profit entities; not for profit institutions; For additional information or copies rebroadcast their AM signals. FCC Form State, local or tribal government. of the information collection(s), contact 303–S is used in applying for renewal Number of Respondents: 450. Cathy Williams at (202) 418–2918. of license for a commercial or Estimated Time per Response: 1 hour. Frequency of Response: On occasion Initial Regulatory Flexibility Act noncommercial AM, FM or TV Analysis broadcast station and FM translator, TV reporting requirement. Total Annual Burden: 450 hours. translator or Low Power TV, and Low As required by the Regulatory Total Annual Costs: 56,250. Power FM broadcast stations. It can also Nature of Response: Required to Flexibility Act of 1980 (RFA), the be used in seeking the joint renewal of obtain or retain benefits. Commission has prepared an Initial licenses for an FM or TV translator Nature and Extent of Confidentiality: Regulatory Flexibility Analysis station and its co-owned primary FM, There is no need for confidentiality with (‘‘IRFA’’), set forth in an Appendix to AM, TV, or LPTV station. this information collection. the Notice, concerning the possible OMB Control Number: 3060–0250. Privacy Act Impact Assessment: No significant economic impact on small Title: Sections 73.1207, 74.784, and impact(s). entities by the policies and rules 74.1284, Rebroadcasts. Needs and Uses: On August 15, 2007, proposed in the Notice. Written public Form Number: Not applicable. comments are requested on the IRFA. Type of Review: Revision of a the Commission adopted a Notice of These comments must be filed in currently approved collection. Proposed Rulemaking, Amendment of Respondents: Business or other for Service and Eligibility Rules for FM accordance with the same filing profit entities; Not for profit institutions; Broadcast Translator Stations, MB procedures and deadlines for comments State, local or tribal government. Docket No. 07–172, FCC 07–144. The and reply comments in response to the Number of Respondents: 6,462. Commission proposes rule changes that Notice, and should have a distinct Estimated Time per Response: 0.50 would allow AM stations to use FM heading designating them as responses hours. translator stations to rebroadcast the AM to the IRFA. The Commission will send Frequency of Response: signal. The FCC Form 350 will not be a copy of the Notice, including the Recordkeeping requirement; On revised. The Commission has concluded IRFA, to the Chief Counsel for Advocacy occasion reporting requirement; semi- that revisions to the FCC Form 350 were of the Small Business Administration annual reporting requirement; Third not needed because FCC Form 350 only (SBA). 5 U.S.C. 603(a). In addition, the party disclosure requirement. confirms that the FM translator station Notice and IRFA (or summaries thereof) Total Annual Burden: 5,506 hours. has been built to technical terms are here published in the Federal Total Annual Costs: None. specified in the outstanding Register. Nature of Response: Required to construction permit. FCC Form 350 does obtain or retain benefits. not require the FM translator station to A. Need for, and Objective of, the Nature and Extent of Confidentiality: specify the primary station that it will Proposed Rules There is no need for confidentiality with rebroadcast. Licensees and permittees of The Notice proposes rules that will this information collection. FM Translator or FM Booster stations permit AM station licensees to use FM Privacy Act Impact Assessment: No are required to file FCC Form 350 to translator stations as a fill-in service impact(s). obtain a new or modified station Needs and Uses: On August 15, 2007, license. within the service area of their daytime the Commission adopted a Notice of Please send your PRA comments to operating contour, to overcome Proposed Rulemaking (NPRM), Nicholas A. Fraser, Office of nighttime coverage losses and daytime Amendment of Service and Eligibility Management and Budget, via Internet at interference-related losses. The record Rules for FM Broadcast Translator [email protected] or via in the proceeding demonstrates Stations, MB Docket No. 07–172, FCC fax at (202) 395–5167 and to Cathy significant daytime and nighttime 07–144. The NPRM proposes rule Williams, Federal Communications service problems in the AM band. changes that would allow AM stations Commission, Room 1–C823, 445 12th B. Legal Basis to use FM translator stations to Street, SW., Washington, DC or via rebroadcast the AM signal. The NPRM is Internet at [email protected]. To The authority for the action proposed only proposing to amend 47 CFR view a copy of this information in the Notice is contained in 47 U.S.C. 74.1284 from this information collection request (ICR) submitted to 151, 154(i) and (j), 301, 302, 303, 307, collection. OMB: (1) Go to the Web page http:// 308, 309, 319, and 324.

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C. Description and Estimate of the nature of these services, we will small business broadcasters, including Number of Small Entities To Which the presume that all of these licensees FM and LPFM stations. Proposed Rules Will Apply qualify as small entities under the SBA F. Federal Rules That May Duplicate, definition. Representatives of LPFM The RFA directs agencies to provide Overlap, or Conflict With the Proposed broadcasters have commented that the a description of and, where feasible, an Rules estimate of the number of small entities proposed expansion of eligibility for, None. that will be affected by the proposed and service by, FM translators may have rules, if adopted. 5 U.S.C. 603(b)(3). The a detrimental effect on the development Ex Parte Restrictions of the LPFM service by limiting the SBA defines a radio broadcast station This proceeding has been designated that has no more than $6.5 million in availability of frequencies remaining for LPFM service. We seek comments on ‘‘permit but disclose’’ for purposes of annual receipts as a small business. 13 the Commission’s ex parte rules, 47 CFR CFR 121.201, NAICS Code 515112. the impact the proposed rule changes would have on LPFM and other stations, 1.1200–1.1216. Ex parte presentations Business concerns included in this as well as on parties seeking to obtain will be governed by the procedures set industry are those primarily engaged in authorizations to operate such stations. forth in 47 CFR 1.1206 applicable to broadcasting aural programs by radio to non-restricted proceedings. the public. See NAICS Code 515112. D. Description of Projected Reporting, According to Commission staff review Recordkeeping, and Other Compliance Filing Requirements of the BIA Publications, Inc. Master Requirements Comments and Replies. Pursuant to Access Radio Analyzer Database on July The Notice proposes rules that will sections 1.415 and 1.419 of the 10, 2007, about 10,520 of 11,055 permit AM station licensees to use FM Commission’s rules, interested parties commercial radio stations (or about 95 translator stations as a fill-in service may file comments and reply comments percent) have revenues of $6.5 million within the service area of their daytime on or before the dates indicated on the or less and thus qualify as small entities operating contour, to overcome first page of this document. Comments under the SBA definition. nighttime coverage losses and daytime may be filed using: (1) The We note, however, that, in assessing interference-related losses. Use of an FM Commission’s Electronic Comment whether a business concern qualifies as translator is at the option of the Filing System (ECFS), (2) the Federal small under the above definition, broadcast licensee. The Notice would Government’s eRulemaking Portal, or (3) business (control) affiliations must be not impose any mandatory reporting, by filing paper copies. included. Our estimate, therefore, may recordkeeping and other compliance • Electronic Filers: Comments may be overstate the number of small entities requirements, unless the licensee filed electronically using the Internet by that might be affected by our action, chooses to use an FM translator as a fill- accessing ECFS: http://www.fcc.gov/ because the revenue figure on which it in service. The proposed rule changes cgb/ecfs/ or the Federal eRulemaking is based does not include or aggregate that will directly affect reporting, Portal: http://www.regulations.gov. revenues from affiliated companies. In recordkeeping and other compliance Filers should follow the instructions addition, an element of the definition of requirements are described in an provided on the Web site for submitting ‘‘small business’’ is that the entity not Appendix to the Notice. The Notice comments. be dominant in its field of operation. We provides for no changes in the current • For ECFS filers, if multiple docket are unable at this time to define or application filing and processing or rulemaking numbers appear in the quantify the criteria that would procedures for FM translator stations, caption of this proceeding, filers must establish whether a specific radio except that FCC Forms 303–S, 345, and transmit one electronic copy of the station is dominant in its field of 350 (including related instructions) will comments for each docket or operation. Accordingly, the estimate of be modified to reflect the revised rulemaking number referenced in the small businesses to which the proposed purpose and eligibility changes in the caption. In completing the transmittal rules may apply do not exclude any rules applicable to FM translator screen, filers should include their full radio station from the definition of a stations. We invite small business name, U.S. Postal Service mailing small business on this basis and entities to comment in response to the address, and the applicable docket or therefore may be over-inclusive to that Notice. rulemaking number. Parties may also extent. Also, an additional element of submit an electronic comment by E. Steps Taken To Minimize Significant the definition of ‘‘small business’’ is that Internet e-mail. To get filing Impact on Small Entities, and the entity must be independently owned instructions, filers should send an e- Significant Alternatives Considered and operated. We note that it is difficult mail to [email protected], and include the at times to assess these criteria in the The use of FM translator stations by following words in the body of the context of media entities and our AM radio stations is not mandatory. message, ‘‘get form.’’ A sample form and estimates of small businesses to which Therefore, with respect to the issue of directions will be sent in response. they apply may be over-inclusive to this the impact of the proposed rules on • Paper Filers: Parties who choose to extent. smaller entities, we believe small file by paper must file an original and The proposed rules and policies could business broadcasters would benefit four copies of each filing. If more than affect licensees of FM translator and from the opportunities offered by the one docket or rulemaking number booster stations and low power FM proposed rule changes. The Notice seeks appears in the caption of this (‘‘LPFM’’) stations, as well as to comment on alternative eligibility proceeding, filers must submit two potential licensees in these radio standards and implementation rules that additional copies for each additional services. The same SBA definition that could particularly benefit small docket or rulemaking number. applies to radio broadcast licensees business broadcasters such as stand- Filings can be sent by hand or would apply to these stations. As of alone AM stations and/or daytime-only messenger delivery, by commercial December 31, 2006, there were AM stations. We invite small business overnight courier, or by first-class or approximately 4131 licensed FM entities to comment on the impact of the overnight U.S. Postal Service mail translator and booster stations and 771 proposed rule changes, including the (although we continue to experience licensed LPFM stations. Given the alternatives discussed in the Notice, on delays in receiving U.S. Postal Service

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mail). All filings must be addressed to Federal Communications Commission. translator for all other classes of the Commission’s Secretary, Office of Marlene H. Dortch, commercial stations as well as all the Secretary, Federal Communications Secretary. noncommercial educational stations it is Commission. the predicted 1 mV/m field strength Proposed Rules • The Commission’s contractor will contour. A fill-in FM translator’s receive hand-delivered or messenger- For the reasons discussed in the coverage contour must be contained delivered paper filings for the preamble, the Federal Communications within the primary station’s coverage Commission’s Secretary at 236 Commission proposes to amend 47 CFR contour. The coverage contour of an FM Massachusetts Avenue, NE., Suite 110, part 74 as follows: translator rebroadcasting an AM radio Washington, DC 20002. The filing hours broadcast station must be contained PART 74—EXPERIMENTAL RADIO, within the lesser of the 2 mV/m daytime at this location are 8 a.m. to 7 p.m. All AUXILIARY, SPECIAL BROADCAST hand deliveries must be held together contour of the AM station and a 25-mile AND OTHER PROGRAM (40 km) radius centered at the AM with rubber bands or fasteners. Any DISTRIBUTIONAL SERVICES envelopes must be disposed of before transmitter site. The protected contour entering the building. 1. The authority citation for part 74 for an FM translator station is its predicted 1 mV/m contour. • continues to read as follows: Commercial overnight mail (other * * * * * than U.S. Postal Service Express Mail Authority: 47 U.S.C. 151, 154(i) and (j), (j) AM Fill-in area. The area within and Priority Mail) must be sent to 9300 301, 302, 303, 307, 308, 309, 319, and 324. the lesser of the 2 mV/m daytime 2. Amend § 74.1201 by revising East Hampton Drive, Capitol Heights, contour of the AM radio broadcast paragraphs (a), (b), (c), (d), (e), and (g), MD 20743. station being rebroadcast and a 25-mile and adding paragraph (j), as follows: • U.S. Postal Service first-class, (40 km) radius centered at the AM Express, and Priority mail must be § 74.1201 Definitions. transmitter site. addressed to 445 12th Street, SW., (a) FM translator. A station in the 3. Amend § 74.1231 by revising Washington DC 20554. broadcasting service operated for the paragraphs (a), (b) and (h), and adding Availability of Documents. purpose of retransmitting the signals of new paragraph (i) to read as follows: Comments, reply comments, and ex an AM or FM radio broadcast station or § 74.1231 Purpose and permissible parte submissions will be available for another FM broadcast translator station service. public inspection during regular without significantly altering any (a) FM translators provide a means business hours in the FCC Reference characteristics of the incoming signal whereby the signals of AM or FM Center, Federal Communications other than its frequency and amplitude, broadcast stations may be retransmitted Commission, 445 12th Street, SW., CY– in order to provide FM broadcast service to areas in which direct reception of A257, Washington DC 20554. These to the general public. such AM or FM broadcast stations is documents will also be available via (b) Commercial FM translator. An AM unsatisfactory due to distance or ECFS. Documents will be available or FM broadcast translator station which intervening terrain barriers and a means electronically in ASCII, Word 97 and/or rebroadcasts the signals of a commercial for AM daytime-only stations to Adobe Acrobat. FM radio broadcast station. continue operating at night. Accessibility Information. To request (c) Noncommercial FM translator. An (b) An FM translator may be used for materials in accessible formats for FM broadcast translator station which the purpose of retransmitting the signals people with disabilities (braille, large rebroadcasts the signals of a of a primary AM or FM radio broadcast print, electronic files, audio format), noncommercial educational AM or FM station or another translator station the send an e-mail to [email protected] or call radio broadcast station. signal of which is received directly the FCC’s Consumer & Governmental (d) Primary station. The AM or FM through space, converted, and suitably Affairs Bureau at 202–418–0530 (voice), radio broadcast station radiating the amplified, and originating programming 202–418–0432 (TTY). signals which are retransmitted by an to the extent authorized in paragraphs FM broadcast translator station or an (f), (g), and (h) of this section. However, Ordering Clauses FM broadcast booster station. an FM translator providing fill-in (e) AM or FM radio broadcast station. service may use any terrestrial facilities It is ordered that pursuant to Sections When used in this subpart L, the term to receive the signal that is being 1, 4(i) and (j), 301, 302, 303, 307, 308, AM broadcast station or AM radio rebroadcast. An FM booster station or a 309, 319, and 324 of the broadcast station or FM broadcast noncommercial educational FM Communications Act of 1934, 47 U.S.C. station or FM radio broadcast station translator station that is operating on a §§ 151, 154(i) and (j), 301, 302, 303, 307, refers to commercial and reserved channel (Channels 201–220) 308, 309, 319, and 324 that notice is noncommercial educational AM or FM and is owned and operated by the hereby given of the proposals and radio broadcast stations as defined in licensee of the primary noncommercial tentative conclusions described in this § 2.1 of this chapter, unless the context educational station it rebroadcasts may Notice of Proposed Rule Making. indicates otherwise. use alternative signal delivery means, It is further ordered that the Reference * * * * * including, but not limited to, satellite Information Center, Consumer (g) Translator coverage contour. The and terrestrial microwave facilities. Information Bureau, shall send a copy of coverage contour for an FM translator Provided, however, that an applicant for this Notice of Proposed Rule Making, providing ‘‘fill-in’’ service is congruent a noncommercial educational translator including the Initial Regulatory with its parent station: For a fill-in operating on a reserved channel Flexibility Analysis, to the Chief translator for a commercial Class B (Channel 201–220) and owned and Counsel for Advocacy of the Small station it is the predicted 0.5 mV/m operated by the licensee of the primary Business Administration. field strength contour; for a fill-in noncommercial educational AM or FM List of Subjects in 47 CFR Part 74 translator for a commercial Cass B1 station it rebroadcasts complies with station it is the predicted 0.7 mV/m either paragraph (b)(1) or (b)(2) of this Radio, FM Translators. field strength contour; and for a fill-in section:

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(1) The applicant demonstrates that: Note 1 to § 74.1231: In the case of an FM predicted 1 mV/m field strength contour (i) The transmitter site of the broadcast station authorized with facilities in for all other FM radio broadcast stations. proposed FM translator station is within excess of those specified by § 73.211 of this The contours shall be as predicted in 80 kilometers of the predicted 1 mV/m chapter, an FM booster station will only be accordance with § 73.313(a) through (d) contour of the primary station to be authorized within the protected contour of of this chapter. In the case of an FM the class of station being rebroadcast as rebroadcast; or, predicted on the basis of the maximum radio broadcast station authorized with (ii) The transmitter site of the powers and heights set forth in that section facilities in excess of those specified by proposed FM translator station is more for the applicable class of FM broadcast § 73.211 of this chapter, a co-owned than 160 kilometers from the transmitter station concerned. commercial FM translator will only be site of any authorized full service authorized within the protected contour noncommercial educational FM station; Note 2 to § 74.1231: For paragraphs (b) and of the class of station being rebroadcast, or, (i) of this section, auxiliary intercity relay as predicted on the basis of the (iii) The application is mutually station frequencies may be used to deliver maximum powers and heights set forth exclusive with an application signals to FM translator and booster stations in that section for the applicable class on a secondary basis only. Such use shall not containing the showing as required by of FM broadcast station concerned. An paragraph (b)(2)(i) or (ii) of this section; interfere with or otherwise preclude use of these frequencies for transmitting aural FM translator station in operation prior or, programming between the studio and to March 1, 1991, which is owned by a (iv) The application is filed after transmitter location of a broadcast station, or commercial FM (primary) station and October 1, 1992. between broadcast stations, as provided in whose coverage contour extends beyond (2) If the transmitter site of the § 74.531 (a) and (b) of this part. Prior to filing the protected contour of the primary proposed FM translator station is more an application for an auxiliary intercity relay station, may continue to be owned by than 80 kilometers from the predicted 1 microwave frequency, the applicant shall such primary station until March 1, mV/m contour of the primary station to notify the local frequency coordination 1994. Thereafter, any such FM translator be rebroadcast or is within 160 committee, or, in the absence of a local station must be owned by independent kilometers of the transmitter site of any frequency coordination committee, any licensees assigned the use of the proposed parties. An FM translator station in authorized full service noncommercial operation prior to June 1, 1991, which educational FM station, the applicant operating frequency in the intended location or area of operation. is owned by a commercial FM radio must show that: broadcast station and whose coverage (i) An alternative frequency can be 4. Amend § 74.1232 by revising contour extends beyond the protected used at the same site as the proposed paragraphs (c) and (d) to read as follows: contour of the primary station, may FM translator’s transmitter location and continue to be owned by a commercial can provide signal coverage to the same § 74.1232 Eligibility and licensing requirements. FM radio broadcast station until June 1, area encompassed by the applicant’s 1994. Thereafter, any such FM translator * * * * * proposed 1 mV/m contour; or, station must be owned by independent (ii) An alternative frequency can be (c) Only one input and one output parties. used at a different site and can provide channel or frequency will be assigned to signal coverage to the same area each FM translator. Additional FM * * * * * encompassed by the applicant’s translators may be authorized to provide 5. Amend § 74.1263 by revising paragraph (b) to read as follows: proposed 1 mV/m contour. additional reception. A separate * * * * * application is required for each FM § 74.1263 Time of operation. (h) An FM translator station that translator and each application shall be * * * * * rebroadcasts an AM radio broadcast complete in all respects. (b) An FM booster or FM translator station may originate programming (d) An FM translator providing station rebroadcasting the signal of an during the hours the AM radio service to an AM fill-in area will be AM or FM primary station shall not be broadcast station is not authorized to authorized only to the permittee or permitted to radiate during extended operate. licensee of the AM radio broadcast periods when signals of the primary (i) FM broadcast booster stations station being rebroadcast. An station are not being retransmitted. provide a means whereby the licensee of authorization for an FM translator Notwithstanding the foregoing, FM an FM broadcast station may provide whose coverage contour extends beyond translators rebroadcasting daytime-only service to areas in any region within the the protected contour of the commercial AM stations may continue to operate primary station’s predicted, authorized primary station will not be granted to during nighttime hours only if the AM service contours. An FM broadcast the licensee or permittee of a station has operated within the last 24 booster station is authorized to commercial FM radio broadcast station. hours. retransmit only the signals of its Similarly, such authorization will not be * * * * * primary station which have been granted to any person or entity having 6. Amend § 74.1284 by revising received directly through space and any interest whatsoever, or any paragraphs (b) and (c) to read as follows: suitably amplified, or received by connection with a primary FM station. alternative signal delivery means Interested and connected parties extend § 74.1284 Rebroadcasts. including, but not limited to, satellite to group owners, corporate parents, * * * * * and terrestrial microwave facilities. The shareholders, officers, directors, (b) The licensee of an FM translator FM booster station shall not retransmit employees, general and limited shall not rebroadcast the programs of the signals of any other station nor make partners, family members and business any AM or FM broadcast station or other independent transmissions, except that associates. For the purposes of this FM translator without obtaining prior locally generated signals may be used to paragraph, the protected contour of the consent of the primary station whose excite the booster apparatus for the primary station shall be defined as programs are proposed to be purpose of conducting tests and follows: the predicted 0.5mV/m contour retransmitted. The Commission shall be measurements essential to the proper for commercial Class B stations, the notified of the call letters of each station installation and maintenance of the predicted 0.7 mV/m contour for rebroadcast and the licensee of the FM apparatus. commercial Class B1 stations and the translator shall certify that written

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consent has been received from the (c) An FM translator is not authorized broadcast station or another FM licensee of the station whose programs to rebroadcast the transmissions of any translator. are retransmitted. class of station other than an AM or FM [FR Doc. E7–21271 Filed 11–5–07; 8:45 am] BILLING CODE 6712–01–P

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Notices Federal Register Vol. 72, No. 214

Tuesday, November 6, 2007

This section of the FEDERAL REGISTER which establishes that the grant of the requirements of 35 U.S.C. 209 and 37 contains documents other than rules or license would not be consistent with the CFR 404.7. proposed rules that are applicable to the requirements of 35 U.S.C. 209 and 37 Richard J. Brenner, public. Notices of hearings and investigations, CFR 404.7. committee meetings, agency decisions and Assistant Administrator. rulings, delegations of authority, filing of Richard J. Brenner, [FR Doc. 07–5504 Filed 10–5–07; 8:45 am] petitions and applications and agency Assistant Administrator. BILLING CODE 3410–03–M statements of organization and functions are [FR Doc. 07–5505 Filed 11–5–07; 8:45 am] examples of documents appearing in this BILLING CODE 3410–03–M section. DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE [Docket No. FSIS–2007–0032] Agricultural Research Service Agricultural Research Service National Advisory Committee on Notice of Intent To Grant Exclusive Notice of Intent To Grant Exclusive Meat and Poultry Inspection; License License Re-establishment AGENCY: Agricultural Research Service, AGENCY: Agricultural Research Service, AGENCY: Food Safety and Inspection USDA. USDA. Service, USDA. ACTION: Notice of intent. ACTION: Notice of intent. ACTION: Notice of re-chartering of Committee. SUMMARY: Notice is hereby given that SUMMARY: Notice is hereby given that the U.S. Department of Agriculture, the U.S. Department of Agriculture, SUMMARY: In accordance with the Agricultural Research Service, intends Agricultural Research Service, intends Federal Advisory Committee Act, this to grant to ISTO Technologies, Inc. of St. to grant to Peterson Seed Associates of notice announces that the Secretary of Louis, Missouri, an exclusive license to Edina, Minnesota, an exclusive license Agriculture signed the charter of the U.S. Patent Application Serial No. 11/ to the variety of birdsfoot trefoil National Advisory Committee on Meat 058,034, ‘‘Porous Polymeric Matrices described in Plant Variety Protection and Poultry Inspection (NACMPI) on Made of Natural Polymers and Synthetic Certificate Number 200700300, ‘‘Witt’’, July 25, 2007. The charter for the Polymers and Optionally at Least One filed on May 7, 2007. NACMPI is available for viewing on the Cation and Methods of Making’’, filed DATES: Comments must be received NACMPI homepage at http:// on February 15, 2005. within thirty (30) days of the date of www.fsis.usda.gov/About_FSIS/ DATES: Comments must be received publication of this Notice in the Federal NACMPI_Charter/index.asp. within thirty (30) days of the date of Register. FOR FURTHER INFORMATION CONTACT: publication of this Notice in the Federal ADDRESSES: Send comments to: USDA, Loraine Cannon, U.S. Department of Register. ARS, Office of Technology Transfer, Agriculture (USDA), Food Safety and ADDRESSES: Send comments to: USDA, 5601 Sunnyside Avenue, Rm. 4–1174, Inspection Service (FSIS), Room 405 ARS, Office of Technology Transfer, Beltsville, Maryland 20705–5131. Aerospace Center, 1400 Independence 5601 Sunnyside Avenue, Rm. 4–1174, FOR FURTHER INFORMATION CONTACT: June Avenue, SW., Washington, DC 20250– Beltsville, Maryland 20705–5131. Blalock of the Office of Technology 3700. Telephone number: (202) 690– FOR FURTHER INFORMATION CONTACT: June Transfer at the Beltsville address given 6647. Blalock of the Office of Technology above; telephone: 301–504–5989. SUPPLEMENTARY INFORMATION: Transfer at the Beltsville address given SUPPLEMENTARY INFORMATION: The above; telephone: 301–504–5989. Federal Government’s rights in this Background SUPPLEMENTARY INFORMATION: The plant variety are assigned to the United The National Advisory Committee on Federal Government’s patent rights in States of America, as represented by the Meat and Poultry Inspection provides this invention are assigned to the United Secretary of Agirculture. It is in the advice and recommendations to the States of America, as represented by the public interest to so license this variety Secretary on meat and poultry Secretary of Agriculture. It is in the as Peterson Seed Associates of Edina, inspection programs, pursuant to public interest to so license this Minnesota has submitted a complete sections 7(c), 24, 205, 301(a)(3), and invention as ISTO Technologies Inc. of and sufficient application for a license. 301(c) of the Federal Meat Inspection St. Louis, Missouri has submitted a The prospective exclusive license will Act [21 U.S.C. 607(c), 624, 645, complete and sufficient application for be royalty-bearing and will comply with 661(a)(3), and 661(c)] and to sections a license. The prospective exclusive the terms and conditions of 35 U.S.C. 5(a)(3), 5(c), 8(b), and 11(e) of the license will be royalty-bearing and will 209 and 37 CFR 404.7. The prospective Poultry Products Inspection Act [21 comply with the terms and conditions exclusive license may be granted unless, U.S.C. 454(a)(3), 454(c), 457(b), and of 35 U.S.C. 209 and 37 CFR 404.7. The within thirty (30) days from the date of 460(e)]. The complexity of the issues to prospective exclusive license may be this published Notice, the Agricultural be addressed requires that the granted unless, within thirty (30) days Research Service receives written Committee meet at least twice per year. from the date of this published Notice, evidence and argument which Members are appointed by the Secretary the Agricultural Research Service establishes that the grant of the license of USDA. Background materials are receives written evidence and argument would not be consistent with the available on the Web at the address

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noted above or by contacting the person Agricultural Service’s intention to a certain number of trade shows are listed above. request a renewal of current information selected in the best prospective markets collection processes currently used in to host a U.S.A. pavilion where U.S. Additional Public Notification support of Exporter Assistance companies can promote their products Public awareness of all segments of programs. This request to renew is to buyers. A list of USDA endorsed rulemaking and policy development is based on estimates of the public burden shows is available at: http:// important. Consequently, in an effort to set forth in the abstract. www.fas.usda.gov/agx/trade_events/ ensure that minorities, women, and DATES: Comments on this notice must be trade_events.asp. The Exporter persons with disabilities are aware of received by January 7, 2008 to be Assistance section of the FAS Web site this notice, FSIS will announce it online assured of consideration. http://www.fas.usda.gov/, a one-stop- through the FSIS Web page located at Requests for Comments: Send shop for either the experienced or http://www.fsis.usda.gov/regulations/ comments regarding (a) whether the novice exporter offers information about _ _ 2007 Notices Index/. FSIS will also proposed collection of information is exporting and easy access to register for make copies of this Federal Register necessary for the proper performance of these services. Customer service surveys publication available through the FSIS the functions of the agency, including are collected at various trade shows and Constituent Update, which is used to whether the information will have evaluations of Foreign Buyers List data provide information regarding FSIS practical utility; (b) the accuracy of the are downloaded annually in order to policies, procedures, regulations, agency’s estimate of the burden of the improve the effectiveness of these Federal Register notices, FSIS public proposed collection of information services. The information is necessary to meetings, and other types of information including the validity of the manage, plan and evaluate the that could affect or would be of interest methodology and assumptions used; (c) effectiveness of these services, which to constituents and stakeholders. The ways to enhance the quality, utility and are intended to help U.S. companies to Update is communicated via Listserv, a clarity of the information to be market and sell their products in free electronic mail subscription service collected; and (d) ways to minimize the overseas markets. Authority to collect for industry, trade groups, consumer burden of the collection of information this information falls under 7 U.S.C. interest groups, health professionals, on those who are to respond, including part 1761 and is voluntary for U.S. and other individuals who have asked through the use of automated electronic, companies to participate. A small fee is to be included. The Update is also mechanical, or other technological charged for some of the services. available on the FSIS Web page. collection techniques or other forms of Estimate of Burden: The burden to Through the Listserv and Web page, information technology. Comments and U.S. exporters is estimated to average FSIS is able to provide information to a questions regarding the Export 0.25 hours per response. much broader and more diverse Assistance Programs registration forms, Respondents: U.S. agricultural audience. In addition, FSIS offers an surveys and qualification criteria should exporters of food, farm, and forest electronic subscription service which be send to: Maria Nemeth-Ek, Branch products. provides automatic and customized Chief, Overseas Trade Support Group, Estimated Number of Respondents: access to selected food safety news and Market Development and Grants 3000 per annum. information. This service is available at Management Division, Office of Trade Estimated Number of Responses per http://www.fsis.usda.gov/ Programs, Foreign Agricultural Service, Respondent: 4 per annum. news_and_events/email_subscription/. U.S. Department of Agriculture, 1400 Estimated Total Annual Burden of Options range from recalls to export Independence Avenue, SW., Stop 1052, information to regulations, directives Respondents: 3000 hours per annum. Washington, DC 20250–1052. All Copies of this information collection and notices. Customers can add or written comments received will be delete subscriptions themselves, and can be obtained from Tamoria available for public inspection at the Thompson-Hall, the Agency Information have the option to password protect above address during business hours their accounts. Collection Coordinator, at (202) 720– from 8 a.m. to 5 p.m.—Phone (202) 720– 1690. Done in Washington, DC on: October 29, 6343, Fax: (202) 690–0193. All responses to this notice will be 2007. SUPPLEMENTARY INFORMATION: summarized and included in the request Alfred V. Almanza, Title: Export Services. for OMB approval. All comments will Administrator. OMB Number: 0551–0031. also become a matter of public record. [FR Doc. E7–21748 Filed 11–5–07; 8:45 am] Expiration Date of Approval: March Signed at Washington, DC. BILLING CODE 3410–DM–P 31, 2008. Type of Request: Renewal of a Michael W. Yost, currently approved information Administrator, Foreign Agricultural Service. DEPARTMENT OF AGRICULTURE collection process. [FR Doc. E7–21785 Filed 11–5–07; 8:45 am] Abstract: The major objective of the BILLING CODE 3410–10–P Foreign Agricultural Service Overseas Trade Support Group is to expand U.S. agricultural exports by Notice of Request for Revision of a helping U.S. companies to sell their DEPARTMENT OF AGRICULTURE Currently Approved Information products outside the United States. U.S. Collection companies use the Foreign Buyer List Grain Inspection, Packers and Stockyards Administration AGENCY: Foreign Agricultural Service, service to learn of 20,000 buyers in more than 25 countries who specialize in the USDA. Advisory Committee Meeting ACTION: Notice and request for importation and distribution of U.S. comments. products in their country. Specific AGENCY: Grain Inspection, Packers and program and form information is Stockyards Administration, USDA. SUMMARY: In accordance with the available at: http://www.fas.usda.gov/ ACTION: Notice of advisory committee Paperwork Reduction Act of 1995, this agx/buying_us/ meeting. notice announces the Foreign foreign_buyers_exporters.asp. Each year

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SUMMARY: Pursuant to the Federal Persons with disabilities who require Fristik, USDA, Rural Development, Advisory Committee Act, this alternative means of communication of Utilities Programs, 1400 Independence constitutes notice of the upcoming program information or related Avenue SW., Mail Stop 1571, Room meeting of the Grain Inspection accommodations should contact Terri 2240, Washington, DC 20250–1571, Advisory Committee. The Grain Henry, at the telephone number listed telephone (202) 720–5093, fax (202) Inspection Advisory Committee meets above. 690–0649, or e-mail: twice annually to advise GIPSA on the [email protected]. David R. Shipman, programs and services we deliver under Acting Administrator, Grain Inspection, Dated: October 31, 2007. the U.S. Grain Standards Act. Packers and Stockyards Administration. James R. Newby, Recommendations by the committee [FR Doc. E7–21747 Filed 11–5–07; 8:45 am] Assistant Administrator, USDA Rural help us to better meet the needs of our BILLING CODE 3410–KD–P Development, Utilities Programs. customers who operate in a dynamic [FR Doc. E7–21749 Filed 11–5–07; 8:45 am] and changing marketplace. BILLING CODE 3410–15–P DATES: November 28, 8 a.m. to 5 p.m.; DEPARTMENT OF AGRICULTURE and November 29, 2007, 8 a.m. to 1 p.m. ADDRESSES: The Advisory Committee Rural Utilities Service DEPARTMENT OF COMMERCE meeting will take place at the Westin Dry Fork Station and Hughes International Trade Administration Tabor Center, 1672 Lawrence Street, Transmission Project Denver, Colorado 80202. A–580–836, C–580–837 Requests to address the Advisory AGENCY: Rural Utilities Service, USDA. Committee at the meeting or written ACTION: Notice of Termination of Certain Cut–to-Length Carbon–Quality comments may be sent to: Environmental Impact Statement. Steel Plate Products From the Administrator, GIPSA, U.S. Department Republic of Korea: Extension of Time of Agriculture, 1400 Independence SUMMARY: Notice is hereby given that Limit for Preliminary Results of Avenue, SW., STOP 3601, Washington, the Rural Utilities Service (RUS), an Antidumping Duty Administrative DC 20250–3601. Requests and agency delivering the United States Review and Countervailing Duty comments may also be faxed to (202) Department of Agriculture (USDA) Administrative Review 690–2173. Rural Development Utilities Programs, hereinafter referred to as Rural AGENCY: Import Administration, FOR FURTHER INFORMATION CONTACT: Ms. Development, is terminating further International Trade Administration, Terri Henry, (202) 205–8281 or by e- preparation of an Environmental Impact Department of Commerce. mail at [email protected]. Statement (EIS) for the Dry Fork Station EFFECTIVE DATE: November 6, 2007. SUPPLEMENTARY INFORMATION: The and Hughes Transmission Project in FOR FURTHER INFORMATION CONTACT: purpose of the Advisory Committee is to Campbell and Sheridan Counties, Yang Jin Chun or Minoo Hatten at (202) provide advice to the Administrator of Wyoming. 482–5760 and (202) 482–1690, the Grain Inspection, Packers and The purpose of the EIS was to respectively (antidumping), and Jolanta Stockyards Administration with respect evaluate the potential environmental Lawska or Eric Greynolds at (202) 482– to the implementation of the U.S. Grain impacts of and alternatives to the Basin 8362 and (202) 482–6071, respectively Standards Act (7 U.S.C. 71 et seq.). Electric Power Cooperative, Inc. (Basin (countervailing duty), Import Relevant information about the Electric) application for a Rural Administration, International Trade Advisory Committee is available on the Development loan guarantee to Administration, U.S. Department of GIPSA Web site. Go to http:// construct and operate a coal-fired Commerce, 14th Street and Constitution www.gipsa.usda.gov and under the electric generation facility referred to as Avenue, NW, Washington, DC 20230. section ‘‘I Want To * * *,’’ click on the Dry Fork Station. Basin Electric did SUPPLEMENTARY INFORMATION: ‘‘Learn about the Grain Inspection not request a loan guarantee from Rural Advisory Committee.’’ Development for the Hughes Background The agenda will include discussions Transmission Line, but it was being At the request of interested parties, about the agency’s financial status, evaluated as a connected action for the the Department of Commerce (the organizational and technological EIS. Basin Electric withdrew their Department) initiated an administrative enhancements that are improving application to Rural Development on review of the antidumping duty order service delivery; the pilot study to October 17, 2007. on certain cut–to-length carbon–quality contract for export service provision and A Draft EIS was filed with the U.S. steel plate products from the Republic supplemental labor; improvements in Environmental Protection Agency on of Korea for the period February 1, 2006, the issuance of phytosanitary August 24, 2007, and notice of an through January 31, 2007. See Initiation certification; the Agency’s work in extension of the public comment period of Antidumping and Countervailing assessing wheat functionality, GIPSA’s to November 19, 2007, appeared in the Duty Administrative Reviews, 72 FR role in the ethanol market, and the Federal Register on October 17, 2007 14516 (March 28, 2007) (March relevance of the official standards for (‘‘Notice of Extension of Public Initiation Notice), for Dongkuk Steel soybeans and other products. Comment Period, Draft Environmental Mill Co., Ltd. (DSM), and Initiation of For a copy of the agenda please Impact Statement, Dry Fork Station and Antidumping and Countervailing Duty contact Terri Henry, (202) 205–8281 or Hughes Transmission Line, Wyoming’’, Administrative Reviews, 72 FR 20986 by e-mail [email protected]. 72 FR 59071). Public hearings on the (April 27, 2007), for DSEC Co., Ltd., a Public participation will be limited to Draft EIS were held in Sheridan, subsidiary of Daewoo Shipbuilding & written statements, unless permission is Wyoming on September 25, 2007, and Marine Engineering (DSEC), and Tae received from the Committee Chairman in Gillette, Wyoming on September 26, Chang Steel Co., Ltd. (TC Steel). The to orally address the Advisory 2007. Department initiated an administrative Committee. The meeting will be open to ADDRESS AND FOR FURTHER INFORMATION: review of the countervailing duty order the public. For more information, contact: Richard on certain cut–to-length carbon–quality

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steel plate products from the Republic DEPARTMENT OF COMMERCE section 733(c)(1)(A) of the Act, by fifty of Korea for the period January 1, 2006, days from November 14, 2007, to through December 31, 2006. See March International Trade Administration January 3, 2008. The deadline for the Initiation Notice for DSM, DSEC, and A–570–910 final determination will continue to be TC Steel. We rescinded the review of TC 75 days after the date of the preliminary Steel. See Certain Cut–to-Length Postponement of Preliminary determination, unless extended. Carbon–Quality Steel Plate from the Determination of Antidumping Duty This notice is issued and published Republic of Korea: Notice of Partial Investigation: Circular Welded Carbon pursuant to sections 733(c)(2) of the Act Rescission of Countervailing Duty Quality Steel Pipe from the People’s and 19 CFR 351.205(f)(1). Administrative Review, 72 FR 36962 Republic of China Dated: October 31, 2007. (July 6, 2007). The preliminary results of AGENCY: Import Administration, Stephen J. Claeys, both reviews are currently due no later International Trade Administration, Acting Assistant Secretary for Import than October 31, 2007. Department of Commerce. Administration. [FR Doc. E7–21800 Filed 11–5–07; 8:45 am] Extension of Time Limit for Preliminary EFFECTIVE DATE: November 6, 2007. BILLING CODE 3510–DS–S Results FOR FURTHER INFORMATION CONTACT: Thomas Martin, AD/CVD Operations, Section 751(a)(3)(A) of the Tariff Act Office 4, Import Administration, DEPARTMENT OF COMMERCE of 1930, as amended (the Act), requires International Trade Administration, the Department to make a preliminary U.S. Department of Commerce, 14th International Trade Administration determination within 245 days after the Street and Constitution Avenue, NW, last day of the anniversary month of an Washington, DC 20230; telephone (202) [A–570–868] order for which a review is requested 482–3936. Folding Metal Tables and Chairs From and a final determination within 120 SUPPLEMENTARY INFORMATION: the People’s Republic of China: days after the date on which the Postponement of Preliminary Continuation of Antidumping Duty preliminary determination is published. Order If it is not practicable to complete the Determination review within these time periods, On June 27, 2007, the Department of AGENCY: Import Administration, section 751(a)(3)(A) of the Act allows Commerce (‘‘Department’’) initiated the International Trade Administration, the Department to extend the time limit antidumping duty investigation of Department of Commerce. for the preliminary determination to a circular welded carbon quality steel SUMMARY: As a result of the maximum of 365 days after the last day pipe from the People’s Republic of determinations by the Department of of the anniversary month. See also 19 China. See Initiation of Antidumping Commerce (‘‘Department’’) and the CFR 351.213(h). Duty Investigation: Circular Welded International Trade Commission (‘‘ITC’’) Carbon Quality Steel Pipe from the We determine that it is not practicable that revocation of the existing People’s Republic of China, 72 FR 36663 antidumping duty order on folding to complete the preliminary results of (July 5, 2007) (‘‘Initiation Notice’’). The these reviews by the current deadline of metal tables and chairs from the notice of initiation stated that the People’s Republic of China (‘‘PRC’’) October 31, 2007. Specifically, for the Department would make its preliminary antidumping review, there are a number would likely lead to continuation or determination for this antidumping duty recurrence of dumping and material of complex factual issues such as one investigation no later than 140 days injury to an industry in the United respondent’s corporate affiliations, after issuance. See Initiation Notice, 72 States, the Department is publishing this whether certain of its sales are outside FR at 36667. notice of continuation of the the ordinary course of trade, and On October 2, 2007, Allied Tube & antidumping duty (‘‘AD’’) order. selection of an adverse facts–available Conduit, Sharon Tube Company, IPSCO DATES: Effective Dates: November 6, rate for an uncooperative respondent Tubulars, Inc., Western Tube & Conduit 2007. which affect the calculations for the Corporation, Northwest Pipe Company, preliminary results. For the Wheatland Tube Co., i.e., the Ad Hoc FOR FURTHER INFORMATION CONTACT: countervailing duty review, we need to Coalition For Fair Pipe Imports From Charles Riggle or Matthew Quigley, AD/ resolve a question concerning China, and the United Steelworkers CVD Operations, Import shipments by one of the respondents. (collectively ‘‘Petitioners’’) made a Administration, International Trade Therefore, we are extending the time timely request pursuant to 19 CFR Administration, U.S. Department of period for issuing the preliminary 351.205(e) and section 733(c)(1)(A) of Commerce, 14th Street and Constitution results of these reviews by 15 days until the Tariff Act of 1930, as amended (‘‘the Avenue, NW., Washington, DC 20230; November 15, 2007. Act’’), for a postponement of the telephone: 202–482–0650 202–482– preliminary determination. Petitioners 4551, respectively. This notice is published in requested postponement of the SUPPLEMENTARY INFORMATION: accordance with sections 751(a)(3)(A) preliminary determination because it and 777(i)(1) of the Act and 19 CFR needs additional time to evaluate the Background 351.213(h)(2). questionnaire responses filed by On May 1, 2007, the Department Dated: October 31, 2007. respondents, and, if warranted, prepare published the notice of initiation of the Stephen J. Claeys, an allegation of targeted dumping. See sunset review of the antidumping duty 19 CFR 351.301(d)(5). order on folding metal tables and chairs Deputy Assistant Secretary for Import For the reasons identified by the from the PRC pursuant to section 751(c) Administration. Petitioners, and because there are no of the Tariff Act of 1930, as amended [FR Doc. E7–21802 Filed 11–5–07; 8:45 am] compelling reasons to deny the request, (‘‘the Act’’). See Initiation of Five-Year BILLING CODE 3510–DS–S the Department is postponing the (‘‘Sunset’’) Reviews, 72 FR 23799 (May preliminary determination under 1, 2007) (‘‘Initiation Notice’’); see also,

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Antidumping Duty Order: Folding Metal cross-braces using welds or fastening On May 5, 2003, the Department Tables and Chairs From the People’s hardware. In contrast, folding metal issued a scope ruling with respect to the Republic of China, 67 FR 43277 (June tables have legs that mechanically fold ‘‘Complete Office-To-Go’’ set, which 27, 2002) (‘‘Order’’). As a result of its independently of one another, and not consists of a single chair and a table review, the Department found that as a set. with a monitor stand and legs that fold revocation of the AD order would likely (2) Assembled and unassembled as a set. The Department ruled that the lead to continuation or recurrence of folding chairs made primarily or chair component is within the scope of dumping and notified the ITC of the exclusively from steel or other metal the antidumping duty order because the margins likely to prevail were the order (‘‘folding metal chairs’’). Folding metal chair component is identical to the revoked. See Folding Metal Tables and chairs include chairs with one or more chairs described in the order, but the Chairs from the People’s Republic of cross-braces, regardless of shape or size, Department ruled that table component China: Notice of Final Results of affixed to the front and/or rear legs with is outside the scope of the AD order Expedited Sunset Review of rivets, welds or any other type of because it has legs that fold in sets.3 Antidumping Duty Order, 72 FR 51409 fastener. Folding metal chairs include: On September 7, 2004, the (September 7, 2007). On September 20, those that are made solely of steel or Department issued a scope ruling 2007, the ITC determined, pursuant to other metal; those that have a back pad, determining that folding tables with section 751(c) of the Act, that revocation a seat pad, or both a back pad and a seat tops made of blow-molded plastic and of the AD order on folding metal tables pad; and those that have seats or backs frames made of steel are within the and chairs from the PRC would likely made of plastic or other materials. The scope of the AD order.4 lead to continuation or recurrence of subject merchandise is commonly, but On July 13, 2005, the Department material injury to an industry in the not exclusively, packed singly, in issued a scope ruling determining that United States within a reasonably multiple packs of the same item, or in folding metal chairs, with wooden seats foreseeable time. See Folding Metal five piece sets consisting of four chairs that have been padded with foam and Tables and Chairs from China, 72 FR and one table. Specifically excluded covered with fabric or polyvinyl 60389 (October 24, 2007), and USITC from the scope of folding metal chairs chloride and attached to a tubular steel Publication 3952 Inv. No. 731–TA–932 seat frame with screws, are within the are the following: 5 (Review) (September 2007). • Folding metal chairs with a wooden scope of the AD order. Also on July 13, 2005, the Department back or seat, or both; Scope of the Order issued a scope ruling determining that • Lawn furniture; ‘‘butterfly’’ chairs are outside the scope The products covered by this order • Stools; of the AD order. Butterfly chairs are consist of assembled and unassembled • Chairs with arms; and described as consisting of a collapsible folding tables and folding chairs made • Child-sized chairs. metal rod frame and a cover, such that primarily or exclusively from steel or The subject merchandise is currently when the chair frame is spread open, other metal, as described below: classifiable under subheadings the pockets of the cover are slipped over (1) Assembled and unassembled 9401.71.0010, 9401.71.0030, folding tables made primarily or the upper ends of the frame and the 9401.79.0045, 9401.79.0050, cover provides both the seating surface exclusively from steel or other metal 9403.20.0015, 9403.20.0030, (‘‘folding metal tables’’). Folding metal and back of the chair. The frame 9403.70.8010, 9403.70.8020, and consists of eight s-shaped pieces (with tables include square, round, 9403.70.8030 of the Harmonized Tariff rectangular, and any other shapes with the ends offset at almost a 90-degree Schedule of the United States angle) made from metal rod that are legs affixed with rivets, welds, or any 1 (‘‘HTSUS’’). Although the HTSUS connected by hinges. The frame is other type of fastener, and which are subheadings are provided for made most commonly, but not collapsed by moving the four legs convenience and U.S. Customs and inward until they meet in the center, exclusively, with a hardboard top Border Protection purposes, the covered with vinyl or fabric. Folding similar to the folding mechanism of a Department’s written description of the pocket umbrella. Although butterfly metal tables have legs that mechanically merchandise is dispositive. fold independently of one another, and chairs, as described by the requester On January 13, 2003, the Department have supports made of steel or other not as a set. The subject merchandise is issued a scope ruling determining that commonly, but not exclusively, packed metal, they do not have cross-braces ‘‘Poly-Fold’’ chairs consisting of steel affixed to the front and/or rear legs. The singly, in multiple packs of the same frames (20-gauge steel) with item, or in five piece sets consisting of seat and back is one piece of cloth, polypropylene seats and backs, zinc- which also serves as the carrying bag for four chairs and one table. plated rivets coated with an epoxy Specifically excluded from the scope the chair frame when not in use, and is polyester powder coating, three therefore not affixed to the frame with of folding metal tables are the following: drainage holes in the seat, specially Lawn furniture; Trays commonly referred to as ‘‘TV designed back leg cross bar, four Order on Folding Metal Tables and Chairs from the trays’’; oversized leg stoppers with drainage People’s Republic of China’’ (January 13, 2003). holes, and a frame with hybrid coating 3 See ‘‘Final Scope Ruling on Whether Staples, Side tables; The Office Superstore, Incorporated’s ‘Complete Child-sized tables; are within the scope of the antidumping 2 Office-To-Go’ is Excluded from the Scope of the Portable counter sets consisting of duty order. Antidumping Duty Order on Folding Metal Tables rectangular tables 36″ high and and Chairs from the People’s Republic of China’’ matching stools; and Banquet tables. A 1 Originally the scope included 9403.20.0010, but (May 5, 2003). effective July 1, 2003, 9403.20.0010 (metal 4 See ‘‘Final Scope Ruling on Whether Lifetime banquet table is a rectangular table with household furniture) was eliminated from the HTS Tables 4600 and 4606 Are Excluded from the Scope a plastic or laminated wood table top code. 9403.20.0011 (ironing boards) and of the Antidumping Duty Order on Folding Metal approximately 28″ to 36″ wide by 48″ to 9403.20.0015 (other) were added in its place. Tables and Chairs from the People’s Republic of 96″ long and with a set of folding legs 9403.20.0015 contains merchandise in China’’ (September 7, 2004). 9403.20.0010 except for ironing boards. 5 See ‘‘Final Scope Ruling of the Antidumping at each end of the table. One set of legs 2 See ‘‘Final Scope Ruling on Whether RPA Duty Order on Folding Metal Tables and Chairs is composed of two individual legs that International Pty. Ltd.’s Poly-Fold Chairs Are from the People’s Republic of China (A–570–868); are affixed together by one or more Excluded from the Scope of the Antidumping Duty Korhani of America, Inc.’’ (July 13, 2005).

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screws, rivets, welds or any other type 751(c) of the Act and published within 120 days after the date on which of fastener.6 pursuant to section 777(i)(1) of the Act. the preliminary results are published. On May 1, 2006, the Department Dated: October 31, 2007. The Act further provides, however, that issued a scope ruling determining that Stephen J. Claeys, the Department may extend that 120- the ‘‘moon chair’’ was outside the scope day period to 180 days after the Acting Assistant Secretary for Import of the antidumping duty order because Administration. preliminary results if it determines it is it collapses rather than folds as a chair not practicable to complete the review [FR Doc. E7–21798 Filed 11–5–07; 8:45 am] subject to the order would fold, and it within the foregoing time period. does not have a back pad or seat pad BILLING CODE 3510–DS–P The Department finds that it is not commonly found in folding chairs. practicable to complete the final results Moon chairs are described as containing DEPARTMENT OF COMMERCE of the administrative review of folding circular, fabric-padded, concave metal tables and chairs from the PRC cushions that envelope the user at International Trade Administration within the 120-day period due to approximately a 105-degree reclining complex issues the parties have raised angle. The fabric cushion is ringed and [A–570–868] regarding surrogate financial statements. supported by two curved 16-mm steel Folding Metal Tables and Chairs From In accordance with section 751(a)(3)(A) tubes. The cushion is attached to this the People’s Republic of China: Notice of the Act, the Department is extending ring by nylon fabric. The cushion is of Extension of Time Limit for the Final the time period for completion of the supported by a 16-mm steel tube four- Results of the Antidumping Duty final results of this review by 30 days to sided rectangular cross-brace Administrative Review 150 days after the date on which the mechanism that constitutes the moon preliminary results were published. chair’s legs. This mechanism supports October 29, 2007. Therefore, the final results are now due and attaches to the encircling tubing AGENCY: Import Administration, no later than December 7, 2007. and enables the moon chair to be folded. International Trade Administration, This notice is published in To fold the chair, the user pulls on a Department of Commerce. accordance with sections 751(a)(3)(A) fabric handle in the center of the seat DATES: Effective Dates: November 6, and 777(i) of the Act. 7 cushion of the chair. 2007. Dated: October 29, 2007. Continuation of Order FOR FURTHER INFORMATION CONTACT: Stephen J. Claeys, Laurel LaCivita or Matthew Quigley, Deputy Assistant Secretary for Import As a result of the determinations by AD/CVD Operations, Office 8, Import Administration. the Department and the ITC that Administration, International Trade [FR Doc. E7–21809 Filed 11–5–07; 8:45 am] revocation of the AD order on folding Administration, U.S. Department of metal tables and chairs from the PRC BILLING CODE 3510–DS–P Commerce, 14th Street and Constitution would likely lead to continuation or Avenue, NW., Washington, DC 20230; recurrence of dumping and material telephone (202) 482–4243 or (202) 482– DEPARTMENT OF COMMERCE injury to an industry in the United 4551, respectively. States, pursuant to section 751(d)(2) of International Trade Administration the Act, the Department hereby orders SUPPLEMENTARY INFORMATION: the continuation of the AD order on Background [A–489–807] folding metal tables and chairs from the On July 27, 2006, the Department of Certain Steel Concrete Reinforcing PRC. U.S. Customs and Border Commerce (‘‘the Department’’) Bars From Turkey; Final Results of Protection will continue to collect published the initiation of the New Shipper Review antidumping duty cash deposits at the administrative review of the rates in effect at the time of entry for all antidumping duty order on folding AGENCY: Import Administration, imports of subject merchandise. This metal tables and chairs from the International Trade Administration, review covers imports from all People’s Republic of China (‘‘PRC’’). See Department of Commerce. manufacturers and exporters of folding Initiation of Antidumping and SUMMARY: On September 10, 2007, the metal tables and chairs from the PRC. Countervailing Duty Administrative Department of Commerce (the The effective date of continuation of Reviews and Request for Revocation in Department) published the preliminary this AD order will be the date of Part, 71 FR 42626 (July 27, 2006). On results of the new shipper review of the publication in the Federal Register of July 11, 2007, the Department published antidumping duty order on certain steel this Continuation Notice. Pursuant to the preliminary results. See Folding concrete reinforcing bars (rebar) from section 751(c)(2) of the Act, the Metal Tables and Chairs from the Turkey. This review covers one Department intends to initiate the next People’s Republic of China: Preliminary producer/exporter of the subject five-year review of this order not later Results of Antidumping Duty merchandise to the United States, Ege than September 2012. Administrative Review, 72 FR 37703 Celik Endustrisi ve Ticaret A.S./Ege Dis This five-year or ‘‘sunset’’ review and (July 11, 2007). This review covers the Ticaret A.S. (Ege Celik). The period of notice are in accordance with section period June 1, 2005, through May 31, review (POR) is April 1, 2006, through 2006. The final results are currently due September 30, 2006. 6 See ‘‘Final Scope Ruling of the Antidumping by November 8, 2007. Based on our analysis of the Duty Order on Folding Metal Tables and Chairs comments received, we have made no from the People’s Republic of China (A–570–868); Extension of Time Limit for Final changes to the margin calculations. Spencer Gifts, LLC’’ (July 13, 2005). Results of Review 7 See ‘‘Final Scope Ruling of the Antidumping Therefore, the final results do not differ Duty Order on Folding Metal Tables and Chairs Pursuant to section 751(a)(3)(A) of the from the preliminary results. The final from the People’s Republic of China (A–570–868); Tariff Act of 1930, as amended (‘‘the weighted–average dumping margin for Mac Industries (Shanghai) Co., Ltd., Jiaxing Yinmao Ege Celik is listed below in the section International Trading Company, Ltd and Fujian Act’’), the Department shall make a final Zenithen Consumer Products Company Ltd.’’ (May determination in an administrative entitled ‘‘Final Results of Review.’’ 1, 2005). review of an antidumping duty order EFFECTIVE DATE: November 6, 2007.

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FOR FURTHER INFORMATION CONTACT: Irina Concrete Reinforcing Bars from Decision Memorandum (Decision Itkin, AD/CVD Operations, Office 2, Turkey,’’ dated September 4, 2007, for Memo) at Comment 1. Import Administration, International further discussion of our price and Trade Administration, U.S. Department quantity analysis. Cost of Production of Commerce, 14th Street and For the final results, the Department As discussed in the Preliminary Constitution Avenue, NW, Washington, continues to find that Ege Celik’s sole Results, we conducted an investigation U.S. sale during the POR was a bona DC, 20230; telephone (202) 482–0656. to determine whether Ege Celik made fide commercial transaction. SUPPLEMENTARY INFORMATION: home market sales of the foreign like Background Turkish Government Competition product during the POR at prices below Board’s Report its cost of production (COP) within the This new shipper review covers one In this review, the domestic interested meaning of section 773(b)(1) of the producer/exporter, Ege Celik. On Tariff Act of 1930, as amended (the Act). September 10, 2007, the Department parties submitted a report by the Turkish Government Competition Board We performed the cost test for these published in the Federal Register the final results following the same preliminary results of the new shipper (the Competition Board) regarding the Turkish steel industry. The domestic methodology as in the Preliminary review of the antidumping duty order Results. on rebar from Turkey. See Notice of interested parties argued that this report Preliminary Results of New Shipper demonstrates that Ege Celik, as well as We found 20 percent or more of Ege Review of the Antidumping Duty Order the vast majority of the Turkish rebar Celik’s sales of a given product during on Certain Steel Concrete Reinforcing industry, engaged in anti–competitive the reporting period were at prices less Bars from Turkey, 72 FR 51598 (Sep. 10, behavior prior to and during the POR by than the weighted–average COP for this 2007) (Preliminary Results). colluding with other producers to period. Thus, we determined that these We invited parties to comment on our manipulate home market and export below–cost sales were made in preliminary results of this review. In prices and to suppress costs. As noted ‘‘substantial quantities’’ within an October 2007, we received a case brief in our preliminary findings with respect extended period of time and at prices with respect to the preliminary results to the Competition Board’s report, we which did not permit the recovery of all from the domestic industry (i.e., Gerdau did not rely on the evidence or costs within a reasonable period of time AmeriSteel Corporation, Commercial conclusions in the Competition Board’s in the normal course of trade. See Metals Company (SMI Steel Group), and report as the basis for any findings in sections 773(b)(2)(B) - (D) of the Act. Nucor Corporation), and we received a this review. Rather, we investigated whether the facts during the POR would Therefore, for purposes of these final rebuttal brief with respect to the results, we found that Ege Celik made preliminary results from Ege Celik. cause us to dismiss reported home market prices or costs within the below–cost sales not in the ordinary Scope of the Order confines of U.S. antidumping duty law course of trade. Consequently, we The product covered by this order is and regulations. See the August 31, disregarded these sales and used the all stock deformed steel concrete 2007, Memorandum from Shawn remaining sales as the basis for reinforcing bars sold in straight lengths Thompson, Irina Itkin, and Brianne determining normal value pursuant to and coils. This includes all hot–rolled Riker to David M. Spooner, entitled section 773(b)(1) of the Act. deformed rebar rolled from billet steel, ‘‘Preliminary Finding on Issues Related Analysis of Comments Received rail steel, axle steel, or low–alloy steel. to the Turkish Government Competition It excludes (i) plain round rebar, (ii) Board’s Reports in Certain Steel All issues raised in the case briefs by rebar that a processor has further Concrete Reinforcing Bars from parties to these reviews, and to which worked or fabricated, and (iii) all coated Turkey.’’ For purposes of the final we have responded, are listed in the rebar. Deformed rebar is currently results, the domestic industry neither Appendix to this notice and addressed classifiable in the Harmonized Tariff provided any new arguments with in the Decision Memo, which is adopted Schedule of the United States (HTSUS) respect to the information on the record by this notice. Parties can find a under item numbers 7213.10.000 and pertaining to the Competition Board’s complete discussion of all issues raised 7214.20.000. The HTSUS subheadings report or the respondents’ reported in these reviews and the corresponding are provided for convenience and costs, prices, and affiliations that were recommendations in this public customs purposes. The written not already addressed in our memorandum, which is on file in the description of the scope of this preliminary findings, nor commented Central Records Unit, room B–099, of proceeding is dispositive. on specific sections of our preliminary the main Department building. findings with which it disagreed. Period of Review Rather, the domestic industry merely In addition, a complete version of the Decision Memo can be accessed directly The POR is April 1, 2006, through stated its opposition to our preliminary on the Web at http://ia.ita.doc.gov/ September 30, 2006. findings and reiterated its previous arguments. Therefore, we continue to frn/. The paper copy and electronic Bona Fide Sale Analysis find that: 1) there is no basis to find that version of the Decision Memo are In the preliminary results, we found Ege Celik is affiliated with any other identical in content. that Ege Celik’s reported U.S. sale Turkish rebar producers; 2) there is no Changes Since the Preliminary Results during the POR was a bona fide sale, as basis to conclude that the sales and cost required by 19 CFR 351.214(b)(2)(iv)(c), data in this review are distorted by non– Based on our analysis of comments based on the totality of the facts on the market considerations and, thus, it is received, we have made no changes to record. See the Memorandum to James appropriate to rely on this data for the margin calculations. Because the Maeder from Irina Itkin entitled, purposes of the final results; and 3) Ege margin calculations for Ege Celik have ‘‘Analysis of Ege Celik Endustrisi Sanayi Celik is entitled to a new shipper review not changed from the preliminary ve Ticaret A.S./Ege Dis Ticaret A.S.’s because it has met the requirements set results, the preliminary calculations Bona Fides As A New Shipper in the forth under 19 CFR 351.214(b). For placed on the record of this review are New Shipper Review of Certain Steel further discussion, see the Issues and adopted as the final margin calculations.

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Final Results of Review cash deposit rate for merchandise DEPARTMENT OF COMMERCE We determine that the following produced by Ege Celik Endustrisi ve International Trade Administration weighted–average margin percentage Ticaret A.S. and exported by Ege Dis exists for the period April 1, 2006, Ticaret A.S. will be the rate shown A–489–807 through September 30, 2006: above, except if the rate is less than 0.50 percent, de minimis within the meaning Certain Steel Concrete Reinforcing Margin of 19 CFR 351.106(c)(1), the cash Bars From Turkey; Final Results of Manufacturer/Producer/Exporter Percent- deposit will be zero; 2) for previously Antidumping Duty Administrative age investigated companies not listed above, Review and New Shipper Review and Ege Celik Endustrisi ve Ticaret the cash deposit rate will continue to be Determination To Revoke in Part A.S./Ege Dis Ticaret A.S...... 0.00 the company–specific rate published for AGENCY: Import Administration, the most recent period; 3) if the exporter International Trade Administration, Assessment is not a firm covered in this review, or Department of Commerce. The Department shall determine, and the less–than-fair–value (LTFV) SUMMARY: On May 4, 2007, the U.S. Customs and Border Protection investigation, but the manufacturer is, Department of Commerce (the (CBP) shall assess, antidumping duties the cash deposit rate will be the rate Department) published the preliminary on all appropriate entries, in accordance established for the most recent period results of the administrative review and with 19 CFR 351.212. Pursuant to 19 for the manufacturer of the new shipper review of the antidumping CFR 351.212(b)(1), because we have the merchandise; and 4) the cash deposit duty order on certain steel concrete reported entered value of Ege Celik’s rate for all other manufacturers or reinforcing bars (rebar) from Turkey. U.S. sale, we have calculated an exporters will continue to be 16.06 These reviews cover six producers/ importer–specific assessment rate based percent, the All Others rate established exporters of the subject merchandise to on the ratio of the total amount of in the LTFV investigation. These the United States. The period of review antidumping duties calculated for the deposit requirements, when imposed, (POR) is April 1, 2005, through March examined sale to the total entered value shall remain in effect until further 31, 2006. of that sale. We will instruct CBP to notice. Based on our analysis of the assess antidumping duties on all comments received, we have made appropriate entries covered by this Notification to Importers certain changes in the margin review if the importer–specific calculations. Therefore, the final results assessment rate calculated in the final This notice serves as a preliminary differ from the preliminary results. The results of this review is above de reminder to importers of their final weighted–average dumping minimis (i.e., at or above 0.50 percent). responsibility, under 19 CFR margins for the reviewed firms are listed Pursuant to 19 CFR 351.106(c)(2), we 351.402(f)(2), to file a certificate below in the section entitled ‘‘Final will instruct CBP to liquidate without regarding the reimbursement of Results of Review.’’ regard to antidumping duties any antidumping duties prior to liquidation Finally, we have determined to revoke entries for which the assessment rate is of the relevant entries during this the antidumping duty order with de minimis (i.e., less than 0.50 percent). review period. Failure to comply with respect to Turkish rebar produced and See 19 CFR 351.106(c)(1). The this requirement could result in the exported by Colakoglu Metalurji A.S. Department intends to issue assessment Secretary’s presumption that and Colakoglu Dis Ticaret A.S. instructions to CBP 15 days after the reimbursement of antidumping duties (collectively ‘‘Colakoglu’’) and Diler date of publication of these final results occurred and the subsequent assessment Demir Celik Endustrisi ve Ticaret A.S., of review. of double antidumping duties. Yazici Demir Celik Sanayi ve Turizm The Department clarified its This new shipper review is issued Ticaret A.S., and Diler Dis Ticaret A.S. ‘‘automatic assessment’’ regulation on (collectively ‘‘Diler’’). May 6, 2003. See Antidumping and and published in accordance with EFFECTIVE DATE: November 6, 2007. Countervailing Duty Proceedings: sections 751(a)(2)(B)(iv) and 777(i)(1) of Assessment of Antidumping Duties, 68 the Act, as well as 19 CFR 351.214(i). FOR FURTHER INFORMATION CONTACT: Irina Itkin, AD/CVD Operations, Office 2, FR 23954 (May 6, 2003). This Dated: October 31, 2007. Import Administration, International clarification will apply to entries of Stephen J. Claeys, subject merchandise during the POR Trade Administration, U.S. Department produced by Ege Celik for which it did Acting Assistant Secretary for Import of Commerce, 14th Street and not know its merchandise was destined Administration. Constitution Avenue, NW, Washington, for the United States. In such instances, Appendix – Issues in Decision DC, 20230; telephone (202) 482–0656. we will instruct CBP to liquidate Memorandum SUPPLEMENTARY INFORMATION: unreviewed entries at the All–Others Background rate if there is no rate for the General Issues The administrative review covers the intermediate company(ies) involved in Issues Related to the Turkish the transaction. following five producers/exporters: Government Competition Board’s Colakoglu; Diler; Ekinciler Demir ve Cash Deposit Requirements Report Celik Sanayi A.S. and Ekinciler Dis Further, the following deposit [FR Doc. E7–21805 Filed 11–5–07; 8:45 am] Ticaret A.S. (collectively ‘‘Ekinciler’’); requirements will be effective for all BILLING CODE 3510–DS–S Habas Sinai ve Tibbi Gazlar Istihsal shipments of rebar from Turkey entered, Endustrisi A.S. (Habas); and Kaptan or withdrawn from warehouse, for Metal Dis Ticaret ve Nakliyat A.S. and consumption on or after the publication Kaptan Demir Celik Endustrisi ve date of the final results of this Ticaret A.S. (collectively ‘‘Kaptan’’). administrative review, as provided for The new shipper review covers one by section 751(a)(2)(C) of the Act: 1) the producer/exporter, Kroman Celik

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Sanayii A.S. and Yucelboru Ihracat worked or fabricated, and (iii) all coated regard to the criteria of subsection 19 Ithalat ve Pazarlama A.S. (collectively rebar. Deformed rebar is currently CFR 351.222(b)(2), our final margin ‘‘Kroman’’). classifiable in the Harmonized Tariff calculations show that Colakoglu and On May 4, 2007, the Department Schedule of the United States (HTSUS) Diler sold rebar at not less than NV published in the Federal Register the under item numbers 7213.10.000 and during the current review period. In preliminary results of the administrative 7214.20.000. The HTSUS subheadings addition, Colakoglu and Diler sold rebar review and new shipper review of the are provided for convenience and at not less than NV in the two previous antidumping duty order on rebar from customs purposes. The written administrative reviews in which they Turkey. See Certain Steel Concrete description of the scope of this were involved (i.e., their dumping Reinforcing Bars from Turkey; proceeding is dispositive. margins were zero or de minimis). See Preliminary Results of Antidumping Certain Steel Concrete Reinforcing Bars Period of Review Duty Administrative Review and New From Turkey; Final Results and Shipper Review and Notice of Intent to The POR is April 1, 2005, through Rescission of Antidumping Duty Revoke in Part, 72 FR 25253 (May 4, March 31, 2006. Administrative Review in Part, 71 FR 2007) (Preliminary Results). Determination To Revoke Order, in 65082, 65084 (Nov. 7, 2006) and Certain In August 2007, based on the Part Steel Concrete Reinforcing Bars From information on the record, we Turkey; Final Results, Rescission of preliminarily found that there is no The Department may revoke, in whole Antidumping Duty Administrative evidence that the respondents in these or in part, an antidumping duty order Review in Part, and Determination To reviews engaged in anti–competitive upon completion of a review under Revoke in Part, 70 FR 67665, 67667 practices in Turkey during the POR, as section 751 of the Act. While Congress (Nov. 8, 2005). Also, we find that alleged by the domestic industry (i.e., has not specified the procedures that the application of the antidumping duty Gerdau AmeriSteel Corporation, Department must follow in revoking an order to Colakoglu and Diler is no Commercial Metals Company (SMI Steel order, the Department has developed a longer warranted for the following Group), and Nucor Corporation). For procedure for revocation that is reasons: 1) the companies had zero or de further discussion, see the August 31, described in 19 CFR 351.222. This minimis margins for a period of at least 2007, Memorandum from James Maeder, regulation requires, inter alia, that a three consecutive years; 2) each Shawn Thompson, Irina Itkin, and company requesting revocation must company has agreed to immediate Brianne Riker to David M. Spooner, submit the following: 1) A certification reinstatement of the order if the entitled ‘‘Preliminary Finding on Issues that the company has sold the subject Department finds that it has resumed Related to the Turkish Government merchandise at not less than normal making sales at less than NV; and 3) the Competition Board’s Reports in Certain value (NV) in the current review period continued application of the order is not Steel Concrete Reinforcing Bars from and that the company will not sell otherwise necessary to offset dumping. Turkey’’ (the Competition Board memo). subject merchandise at less than NV in Therefore, we find that Colakoglu and See also the ‘‘Turkish Government the future; 2) a certification that the Diler qualify for revocation of the Competition Board’s Report’’ section of company sold commercial quantities of antidumping duty order on rebar under this notice, below. the subject merchandise to the United 19 CFR 351.222(b)(2). Accordingly, we We invited parties to comment on our States in each of the three years forming are revoking the order with respect to preliminary results of these reviews, as the basis of the request; and 3) an subject merchandise produced and well as on the preliminary findings set agreement to immediate reinstatement exported by Colakoglu, as well as with forth in the Competition Board memo. of the order if the Department concludes respect to subject merchandise In August 2007, we received case briefs that the company, subsequent to the produced and exported by Diler. For with respect to the preliminary results revocation, sold subject merchandise at further discussion, see the Issues and from the domestic industry and four of less than NV. See 19 CFR 351.222(e)(1). Decision Memorandum (Decision the six respondents (i.e., Colakoglu, Upon receipt of such a request, the Memo) accompanying this notice at Ekinciler, Habas, and Kaptan), and we Department will consider: 1) whether Comment 1. received rebuttal briefs with respect to the company in question has sold the preliminary results from all parties subject merchandise at not less than NV Effective Date of Revocation participating in these administrative for a period of at least three consecutive This revocation applies to all entries reviews. In addition, in September 2007, years; 2) whether the company has of subject merchandise that are we received case briefs with respect to agreed in writing to its immediate produced and exported by Colakoglu the preliminary findings in the reinstatement in the order, as long as and Diler, and are entered, or Competition Board memo from the any exporter or producer is subject to withdrawn from warehouse, for domestic industry, and we received the order, if the Department concludes consumption on or after April 1, 2006. rebuttal briefs from all respondents. that the company, subsequent to the The Department will order the The Department has conducted this revocation, sold the subject suspension of liquidation ended for all administrative review in accordance merchandise at less than NV; and 3) such entries and will instruct U.S. with section 751 of the Tariff Act of whether the continued application of Customer and Border Protection (CBP) 1930, as amended (the Act). the antidumping duty order is otherwise to release any cash deposits or bonds. necessary to offset dumping. See 19 CFR The Department will further instruct Scope of the Order 351.222(b)(2)(i). See Sebacic Acid From CBP to refund with interest any cash The product covered by this order is the People’s Republic of China: Final deposits on entries made on or after all stock deformed steel concrete Results of Antidumping Duty April 1, 2006. reinforcing bars sold in straight lengths Administrative Review and and coils. This includes all hot–rolled Determination To Revoke Order in Part, Bona Fide Sale Analysis deformed rebar rolled from billet steel, 67 FR 69719, 69720 (Nov. 19, 2002). In the preliminary results, we found rail steel, axle steel, or low–alloy steel. We have determined that the requests that Kroman’s reported U.S. sale during It excludes (i) plain round rebar, (ii) from Colakoglu and Diler meet all of the the POR was a bona fide sale, as rebar that a processor has further criteria under 19 CFR 351.222. With required by 19 CFR 351.214(b)(2)(iv)(c),

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based on the totality of the facts on the Cost of Production Final Results of Review record. See the Memorandum to James As discussed in the Preliminary We determine that the following Maeder from Irina Itkin entitled, Results, we conducted an investigation weighted–average margin percentages ‘‘Analysis of Kroman Celik Sanayii to determine whether Colakoglu, Diler, exist for the period April 1, 2005, A.S.’s Bona Fides As A New Shipper in Ekinciler, Habas, Kaptan, and Kroman through March 31, 2006: the New Shipper Review of Certain made home market sales of the foreign Steel Concrete Reinforcing Bars from like product during the POR at prices Margin Turkey,’’ dated April 30, 2007, for below their costs of production (COP) Manufacturer/Producer/Exporter Percent- further discussion of our price and within the meaning of section 773(b)(1) age quantity analysis. of the Act. We performed the cost test Colakoglu Metalurji A.S. and For the final results, the Department for these final results following the same Colakoglu Dis Ticaret A.S...... 0.32 (de continues to find that Kroman’s sole methodology as in the Preliminary minimis) U.S. sale during the POR was a bona Results, except as discussed in the Diler Demir Celik Endustrisi ve Decision Memo. Ticaret A.S./ Yazici Demir fide commercial transaction. We found 20 percent or more of each Celik Sanayi ve Turizm Ticaret Turkish Government Competition respondent’s sales of a given product A.S./ Diler Dis Ticaret A.S...... 0.14 (de Board’s Report during the reporting period were at minimis) prices less than the weighted–average Ekinciler Demir ve Celik Sanayi As noted in our preliminary findings COP for this period. Thus, we A.S./Ekinciler Dis Ticaret A.S. 1.66 Habas Sinai ve Tibbi Gazlar with respect to the Competition Board’s determined that these below–cost sales Istithsal Endustrisi A.S...... 0.22 (de report, we did not rely on the evidence were made in ‘‘substantial quantities’’ minimis) or conclusions in the Competition within an extended period of time and Kaptan Demir Celik Endustrisi ve Board’s report as the basis for any at prices which did not permit the Ticaret A.S./ Kaptan Metal Dis findings in these reviews. Rather, we recovery of all costs within a reasonable Ticaret ve Nakliyat A.S...... 0.00 investigated whether the facts during period of time in the normal course of Kroman Celik Sanayii A.S./ the POR would cause us to dismiss trade. See sections 773(b)(2)(B) - (D) of Yucelboru Ihracat Ithalat ve Pazarlama A.S...... 0.00 reported home market prices or costs the Act. within the confines of U.S. antidumping Therefore, for purposes of these final Assessment duty law and regulations. See the results, we found that Colakoglu, Diler, ‘‘Competition Board Memo.’’ For Ekinciler, Habas, Kaptan, and Kroman The Department shall determine, and made below–cost sales not in the purposes of the final results, the CBP shall assess, antidumping duties on ordinary course of trade. Consequently, domestic industry neither provided any all appropriate entries. Pursuant to 19 we disregarded these sales for each CFR 351.212(b)(1), for all sales made by new arguments with respect to the respondent and used the remaining information on the record pertaining to Colakoglu, Habas, Kaptan, and Kroman, sales as the basis for determining NV as well as for certain sales made by the Competition Board’s report or the pursuant to section 773(b)(1) of the Act. respondents’ reported costs, prices, and Ekinciler, because we have the reported affiliations that were not already Analysis of Comments Received entered value of the U.S. sales, we have address in our preliminary findings, nor All issues raised in the case briefs by calculated importer–specific assessment commented on specific sections of our parties to these reviews, and to which rates based on the ratio of the total preliminary findings with which it we have responded, are listed in the amount of antidumping duties disagreed. Rather, we find that the Appendix to this notice and addressed calculated for the examined sales to the total entered value of those sales. domestic industry merely stated its in the Decision Memo, which is adopted Moreover, for all sales by Diler, as opposition to our preliminary findings by this notice. Parties can find a well as for the remaining sales made by and reiterated its previous arguments. complete discussion of all issues raised Ekinciler, these companies did not Therefore, we continue to find that: 1) in these reviews and the corresponding recommendations in this public report entered values for the U.S. sales there is no basis to find that the in question. Accordingly, we have respondents are affiliated, and a memorandum, which is on file in the Central Records Unit, room B–099, of calculated importer–specific assessment collapsing analysis is neither warranted rates for each respondent’s merchandise nor necessary; 2) there is no basis to the main Department building. In addition, a complete version of the by aggregating the dumping margins conclude that the sales and cost data in calculated for its U.S. sales to each these reviews are distorted by non– Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn/ importer and dividing this amount by market considerations and, thus, it is . The paper copy and electronic version the total quantity of those sales. To appropriate to rely on this data for of the Decision Memo are identical in determine whether the duty assessment purposes of the final results; 3) Kroman content. rates were de minimis, in accordance is entitled to a new shipper review with the requirement set forth in 19 CFR because it has met the requirements set Changes Since the Preliminary Results 351.106(c)(2), we calculated importer– forth under 19 CFR 351.214(b); and 4) Based on our analysis of comments specific ad valorem ratios based on the the use of adverse facts available, received, we have made certain changes estimated entered value. pursuant to sections 776(a) and (b) of in the margin calculations. These Pursuant to 19 CFR 351.106(c)(2), we the Act, is not warranted for any of the changes are discussed in the relevant will instruct CBP to liquidate without respondents in the administrative sections of the Decision Memo. Because regard to antidumping duties any review or new shipper review because the margin calculations for Habas and entries for which the assessment rate is the respondents provided all requested Kaptan have not changed from the de minimis (i.e., less than 0.50 percent). information and have cooperated fully preliminary results, the preliminary The Department intends to issue in these segments of the proceeding. For calculations placed on the records of assessment instructions to CBP 15 days further discussion, see the Decision these reviews are adopted as the final after the date of publication of these Memo at Comment 1. margin calculations. final results of review.

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Because we have revoked the order for the manufacturer of the DEPARTMENT OF COMMERCE with respect to subject merchandise merchandise; and 5) the cash deposit produced and exported by Colakoglu, as rate for all other manufacturers or National Oceanic and Atmospheric well as with respect to subject exporters will continue to be 16.06 Administration merchandise produced and exported by percent, the All Others rate established Diler, we will instruct CBP to terminate in the LTFV investigation. These Notice; Preparation of a the suspension of liquidation for exports deposit requirements, when imposed, Papahanaumokuakea Marine National of such merchandise entered, or shall remain in effect until further Monument Natural Resources Science withdrawn from warehouse, for notice. Plan consumption on or after April 1, 2006, Notification to Importers AGENCY: National Oceanic and and to refund all cash deposits Atmospheric Administration (NOAA), collected. This notice serves as a preliminary Department of Commerce (DOC). The Department clarified its reminder to importers of their SUMMARY: This notice advises the public ‘‘automatic assessment’’ regulation on responsibility, under 19 CFR that the Co-Trustees of the May 6, 2003. See Antidumping and 351.402(f)(2), to file a certificate Papahanaumokuakea Marine National Countervailing Duty Proceedings: regarding the reimbursement of Monument (Monument) in the Assessment of Antidumping Duties, 68 antidumping duties prior to liquidation Northwestern Hawaiian Islands (NWHI) FR 23954 (May 6, 2003). This of the relevant entries during this and surrounding marine areas intend to clarification will apply to entries of review period. Failure to comply with prepare a Natural Resources Science subject merchandise during the POR this requirement could result in the Plan (Science Plan) and associated produced by companies included in Secretary’s presumption that environmental assessment (EA) for the these final results of review for which reimbursement of antidumping duties Monument. The Science Plan is being the reviewed companies did not know occurred and the subsequent assessment developed concurrently with the their merchandise was destined for the of double antidumping duties. comprehensive Monument Management United States. This clarification will We are issuing and publishing these Plan (MMP) [Notice of Intent to Prepare also apply to POR entries of subject results of review in accordance with Monument Management Plan and EA, merchandise produced by companies sections 751(a)(1) and 777(i)(1) of the Federal Register April 4, 2007 (Volume for which we are rescinding the review Act. 72, Number 64)]. The Science Plan will based on certifications of no shipments, identify management needs, highlight because these companies certified that Dated: October 31, 2007. priority thematic areas designed to meet they made no POR shipments of subject Stephen J. Claeys, these needs, and describe the current merchandise for which they had Acting Assistant Secretary for Import and proposed research projects housed knowledge of U.S. destination. In such Administration. under these themes. The Co-Trustees are instances, we will instruct CBP to Appendix – Issues in Decision seeking public input on the liquidate unreviewed entries at the All– Memorandum development of the plan. There will be Others rate if there is no rate for the a public scoping meeting to solicit intermediate company(ies) involved in General Issues comments on November 15, 2007. the transaction. 1. Issues Related to the Turkish DATES: The public meeting will be held Cash Deposit Requirements Government Competition Board’s (the on Thursday, November 15, 2007, 6 p.m.–8 p.m. at the Japanese Cultural Further, the following deposit Competition Board’s) Report Center of Hawaii, in Honolulu, HI. requirements will be effective for all 2. Date of Sale for Colakoglu Metalurji Written comments will be accepted shipments of rebar from Turkey (except A.S. and Colakoglu Dis Ticaret A.S. through November 30, 2007. shipments from Colakoglu and Diler, as (collectively ‘‘Colakoglu’’) and Habas noted above) entered, or withdrawn Sinai ve Tibbi Gazlar Istihsal Endustrisi ADDRESSES: The public meeting will be from warehouse, for consumption on or A.S. (Habas) held at the Japanese Cultural Center after the publication date of the final 3. Model Matching located at 2454 South Beretania Street, results of this administrative review, as 4. Methodology for Determining Honolulu, Hawaii 96826. Meeting provided for by section 751(a)(2)(C) of Contemporaneous Sales in the Home materials will be posted on the the Act: 1) the cash deposit rates for the Market Monument Web site (http:// reviewed companies will be the rates www.hawaiireef.noaa.gov) from shown above, except if the rate is less Company–Specific Issues November 15–November 30, 2007. Written comments may be provided in than 0.50 percent, de minimis within 5. General and Administrative (G&A) person at the public meeting, via fax at the meaning of 19 CFR 351.106(c)(1), Expenses for Colakoglu the cash deposit will be zero; 2) for 808–397–2662, or E-mail via E-mail at 6. Depreciation Expenses for Ekinciler [email protected]. merchandise produced by Kroman Celik Demir ve Celik Sanayi A.S. and Sanayii A.S. and exported by Yucelboru Ekinciler Dis Ticaret A.S. (collectively SUPPLEMENTARY INFORMATION: Prior to Ihracat Ithalat ve Pazarlama A.S., the ‘‘Ekinciler’’) the creation of the Northwestern combination cash deposit rate will be 7. G&A Expenses for Ekinciler Hawaiian Islands Marine National 0.00 percent; 3) for previously Monument by President George W. Bush investigated companies not listed above, 8. Subcontracted Rolling Costs for Habas on June 15, 2006, NOAA was engaged the cash deposit rate will continue to be 9. Affiliation Issue for Kaptan Metal Dis in management planning and the company–specific rate published for Ticaret ve Nakliyat A.S. and Kaptan environmental impact assessment the most recent period; 4) if the exporter Demir Celik Endustrisi ve Ticaret A.S. development to support the public is not a firm covered in this review, or (collectively ‘‘Kaptan’’) process for the NWHI to be designated the less–than-fair–value (LTFV) 10. Affiliated–Party Loading Services for as a National Marine Sanctuary through investigation, but the manufacturer is, Kaptan the public sanctuary designation the cash deposit rate will be the rate [FR Doc. E7–21808 Filed 11–5–07; 8:45 am] process. As part of that planning process established for the most recent period BILLING CODE 3510–DS–S a 3-day workshop was held in May 2003

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to discuss critical scientific information Written comments will also be accepted DEPARTMENT OF DEFENSE needs related to long term conservation at the dates and locations specified in and management of the NWHI. Over 100 the DATES and ADDRESSES sections Department of the Army; Corps of research scientists and resource above. Engineers managers attended the workshop representing agencies, universities, and Dated: October 24, 2007. Notice of Availability of a Supplement organizations nationwide. The Daniel J. Basta, to the Draft Environmental Impact workshop resulted in the identification Director, Office of National Marine Statement (SDEIS) for the Proposed of five priority research areas to support Sanctuaries, National Oceanic and Potash Corporation of Saskatchewan management in the NWHI. These are Atmospheric Administration. Phosphate Mine Continuation Near described in detail in a document called [FR Doc. 07–5502 Filed 11–5–07; 8:45 am] Aurora, in Beaufort County, NC the final Information Needs for BILLING CODE 3510–NK–M AGENCY: Department of the Army, U.S. Conservation and Management of the Army Corps of Engineers, DoD. Northwestern Hawaiian Islands Report, which is available at http:// ACTION: Notice. hawaiireef.noaa.gov/research/ DEPARTMENT OF DEFENSE SUMMARY: _ The U.S. Army Corps of 2002Workshop/NWHI Summary.pdf. Engineers (COE), Wilmington District, On June 15, 2006, President Bush Department of the Army Regulatory Division has been reviewing signed Presidential Proclamation 8031 the request for Department of the Army (Proclamation) establishing the Performance Review Board authorization, pursuant to Section 404 Northwestern Hawaiian Islands Marine Membership of the Clean Water Act and Section 10 National Monument, subsequently of the Rivers and Harbors Act, from renamed the Papahanaumokuakea AGENCY: Department of the Army, DoD. Potash Corporation of Saskatchewan Marine National Monument. The ACTION: Notice; correction. Phosphate Division (PCS) for the Monument is administered by the U.S. continuation of its phosphate mining Department of Commerce through operation near Aurora, Beaufort County, NOAA, U.S. Department of the Interior SUMMARY: The notice of the names of NC. PCS proposes to expand its existing through the Fish and Wildlife Service members of a Performance Review open pit phosphate mining operation (FWS), and the State of Hawaii through Board for the Department of the Army the Department of Land and Natural published in the Federal Register on into a 3,412 acre tract immediately Resources (DLNR) (collectively, the Co- October 25, 2007 (72 FR 60662) has adjacent to the current mine. This Trustees). The Proclamation provides added two additional members. expansion would impact 2,408 acres of the authority for the Co-Trustees to waters of the U.S. including wetlands DATES: Effective Date: September 30, issue research permits for activities adjacent to the Pamlico River and South 2007. designed to further understanding of Creek. The Notice of Availability of the Draft Environmental Impact Statement Monument resources and qualities, and FOR FURTHER INFORMATION CONTACT: to assist in conservation and for this action was published in the Lucrencia Murdock, Civilian Senior Federal Register on Friday, October 20, management of the Monument. Leader Management Office, 140 Army The Science Plan will be used to 2006 (71 FR 61962). Pentagon, Washington, DC 20310–0140. guide these research activities. It will be DATES: Written comments on this SDEIS based on the results from the SUPPLEMENTARY INFORMATION: Section will be received until December 21, information needs workshop, a multi- 4314(c)(1) through (5) of Title 5, U.S.C., 3007. agency archipelagic research plan requires each agency to establish, in ADDRESSES: Comments and questions (under development), agency expertise accordance with regulations, one or regarding the SDEIS may be addressed and identified management needs, and more Senior Executive Service to: U.S. Army Corps of Engineers, public input. It will contain five themes performance review boards. The boards Wilmington District, Regulatory relevant to natural resources research: shall review and evaluate the initial Division, ATTN: File Number 2001– (1) Ecological Processes and appraisal of senior executives’ 10096, Post Office Box 1890, Connectivity, (2) Biodiversity and performance by supervisors and make Wilmington, NC 28402–1890. Copies of Habitats, (3) Human Impacts, (4) recommendations to the appointing the Draft EIS can be reviewed on the Indicators and Monitoring of Ecosystem authority or rating official relative to the Wilmington District Regulatory Change, and (5) Modeling and performance of these executives. homepage at, http:// Forecasting Ecosystem Change. www.saw.usace.army.mil/wetlands/ The Co-Trustees are seeking public The members of the Department of the regtour.htm, or contact Ms. Alex Rhodes input on the development of the draft Army Performance Review Boards are: at (910) 251–4633, to receive written or Science Plan. Input is requested on the 1. Dr. Grace M. Bochenek, Director, CD copies of the SDEIS. themes proposed in the draft plan, as U.S. Army Tank automotive Research, well as the type of research to be FOR FURTHER INFORMATION CONTACT: Development and Engineering Center, Questions about the proposed action conducted under each theme. U.S. Army Material Command. A public scoping meeting will be held and SDEIS can be directed to Mr. Tom in Honolulu to solicit comments. A 2. Mr. George S. Dunlop, Principal Walker, Project Manager, Regulatory presentation will highlight the Science Deputy Assistant Secretary of the Army Division, telephone: (828) 271–7980 Plan development process, including (Civil Works)/Deputy Assistant extension 222. sources of information utilized to date. Secretary of the Army (Legislation). SUPPLEMENTARY INFORMATION: The Following the presentation, the public Corps, on October 20, 2006, released a will be invited to provide written or oral Brenda S. Bowen, Draft Environmental Impact Statement comment on the five thematic research Army Federal Register Liaison Officer. (DEIS) evaluating the proposed project areas and projects that should be [FR Doc. 07–5522 Filed 11–5–07; 8:45 am] and alternatives to the proposed project. conducted under each thematic area. BILLING CODE 3710–08–M Simultaneously, the Corps released a

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public notice requesting comment on Research Center, 223 J.P. Brawley Drive, submitting written comments may do so the DEIS and the applicant’s proposed SW., Atlanta, Georgia 30314. by submitting them to the attention of action. Due to the complexity of this FOR FURTHER INFORMATION CONTACT: Don Don E. Watson, 1990 K Street, NW., project, the comment period was E. Watson, Executive Director, Washington DC, by Friday, November originally set at three months and Historically Black College and 23, 2007. subsequently extended an additional 2 University Capital Financing Program, Records are kept of all Board weeks. A public hearing was held on 1990 K Street, NW., Room 6130, proceedings and are available for public December 14, 2006. The DEIS contained Washington, DC 20006; telephone: (202) inspection at the Office of The no designation of an agency preferred 219–7037; fax: (202) 502–7852; e-mail: Historically Black College and alternative. [email protected]. University Capital Financing Advisory Since release of the DEIS, the Corps Individuals who use a Board (Board), 1990 K Street, NW., has reviewed comments and further telecommunications device for the deaf Washington, DC 20006, from the hours discussed economic practicability with (TDD) may call the Federal Information of 9 a.m. to 5 p.m., Eastern Standard the applicant. As a result of this Relay Service (FRS) at 1–800–877–8339, Time Monday through Friday (EST). evaluation the Corps finds it necessary Monday through Friday between the Electronic Access to This Document: to evaluate an additional alternative, hours of 8 a.m. and 8 p.m., Eastern You may view this document, as well as Alternative ‘‘L.’’ PCS, on its own Standard Time. all other documents of this Department initiative, has developed a second SUPPLEMENTARY INFORMATION: The published in the Federal Register, in additional alternative, Alternative ‘‘M,’’ Historically Black College and text or Adobe Portable Document and has requested it be evaluated as University Capital Financing Advisory Format (PDF) on the Internet at the well. Both these alternatives are Board (Board) is authorized by Title III, following site: http://www.ed.gov/news/ contained within the project area Part D, section 347 of the Higher federegister. established in the DEIS. Education Act of 1965, as amended in To use PDF you must have Adobe In order to provide the information 1998 (20 U.S.C. 1066f). The Board is Acrobat Reader, which is available free necessary to objectively evaluate both established within the Department of at this site. If you have questions about alternatives ‘‘L’’ and ‘‘M’’ and to Education to provide advice and using PDF, call the U.S. Government compare these alternatives to the counsel to the Secretary and the Printing Office (GPO), toll free at 1–888– alternatives introduced in the DEIS the designated bonding authority as to the 293–6498; or in the Washington, DC, Corps is releasing this Supplement to most effective and efficient means of area at (202) 512–1530. the DEIS (SDEIS). The decision whether implementing construction financing on Note: The official version of this document to issue a Department of the Army Clean historically black college and university is the document published in the Federal Water Act Section 404 permit will be campuses and to advise Congress Register. Free Internet access to the official made after completing the required regarding the progress made in edition of the Federal Register and the Code 404(b)(1) analysis and public interest implementing the program. Specifically, of Federal Regulations is available on GPO review including full consideration of the Board will provide advice as to the Access at: http://www.gpoaccess.gov/nara/ index.html. all comments. capital needs of Historically Black Dated: October 30, 2007. Colleges and Universities, how those Thomas C. Dawson III, needs can be met through the program, John E. Pulliam, Jr., Deputy Assistant Secretary for Higher Colonel, U.S. Army, District Commander. and what additional steps might be Education Programs. taken to improve the operation and [FR Doc. 07–5523 Filed 11–5–07; 8:45 am] [FR Doc. E7–21803 Filed 11–5–07; 8:45 am] implementation of the construction BILLING CODE 3710–GN–M financing program. BILLING CODE 4000–01–P The purpose of this meeting is to review current program activities, DEPARTMENT OF EDUCATION DEPARTMENT OF EDUCATION provide guidance for 2008 activities, to make recommendations to the Secretary Federal Family Education Loan The Historically Black Colleges and on the current capital needs of Program Universities Capital Financing Historically Black Colleges and Advisory Board Universities, and to share additional AGENCY: Federal Student Aid, steps in which the HBCU Capital Department of Education. AGENCY: Department of Education. Financing Program might improve its ACTION: Notice of interest rates for the ACTION: Notice of an open meeting. operation. Federal Family Education Loan Program Individuals who will need for the period July 1, 2007 through June SUMMARY: This notice sets forth the accommodations for a disability in order 30, 2008. schedule and proposed agenda of an to attend the meeting (e.g., interpreting upcoming open meeting of the services, assistance listening devices, or SUMMARY: The Acting Chief Operating Historically Black Colleges and materials in alternative format) should Officer for Federal Student Aid Universities Capital Financing Advisory notify Don Watson at 202 219–7037, no announces the interest rates for the Board. The notice also describes the later than November 15, 2007. We will period July 1, 2007 through June 30, functions of the Board. Notice of this attempt to meet requests for 2008 for loans made under the Federal meeting is required by section 10(a)(2) accommodations after this date but Family Education Loan (FFEL) Program. of the Federal Advisory Committee Act cannot guarantee their availability. The FOR FURTHER INFORMATION CONTACT: Don and is intended to notify the public of meeting site is accessible to individuals Watson, U.S. Department of Education, their opportunity to attend. with disabilities. Room 114I2, UCP, 400 Maryland DATES: Friday, November 30, 2007. An opportunity for public comment is Avenue, SW., Washington, DC 20202– Time: 10 a.m.–2 p.m. available on Friday, November 30, 2007 5400. Telephone: (202) 219–7037. ADDRESSES: Clark Atlanta University, between 12:15 p.m.–12:45 p.m. Those If you use a telecommunications Board Room, Thomas W. Cole Science members of the public interested in device for the deaf (TDD), you may call

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the Federal Relay Service (FRS) at 1– Interest Rates for ‘‘Converted’’ not exceed 8.25 percent. The interest 800–877–8339. Variable-Rate FFEL Stafford Loans rate for the period from July 1, 2007, Individuals with disabilities may 1. Under section 427A(i)(7) of the through June 30, 2008, is 8.02 percent obtain this document in an alternative HEA (20 U.S.C. 1077a(i)(7)), loans that (4.92 percent plus 3.1 percent). format (e.g., Braille, large print, were originally made with a fixed 3. For FFEL Stafford loans made to all audiotape, or computer diskette) on interest rate of eight percent with an borrowers, regardless of prior request to the contact person listed increase to ten percent four years after borrowing, on or after July 1, 1995, but FOR FURTHER INFORMATION under commencement of the repayment period before July 1, 1998, the interest rate may CONTACT. were converted to a variable interest rate not exceed 8.25 percent. (a) During the in-school, grace, or SUPPLEMENTARY INFORMATION: that may not exceed ten percent. The deferment period, the interest rate for interest rate for these loans for the General the period from July 1, 2007, through period from July 1, 2007, through June June 30, 2008, is 7.42 percent (4.92 Under title IV, part B of the Higher 30, 2008, is 8.17 percent (4.92 percent Education Act of 1965, as amended percent plus 2.5 percent); and plus 3.25 percent). (b) During all other periods, the (HEA), 20 U.S.C. Section 1071, et seq., 2. Loans with fixed interest rates of interest rate for the period from July 1, most loans made to student and parent seven percent, eight percent, nine 2007, through June 30, 2008, is 8.02 borrowers under the FFEL Program have percent, or eight percent with an percent (4.92 percent plus 3.1 percent). variable interest rates. increase to ten percent four years after The formulas for determining the 4. For FFEL Stafford loans, first commencement of the repayment period disbursed on or after July 1, 1998, but interest on variable-rate, FFEL Program were subject to the provisions of section loans are established in section 427A of before July 1, 2006, the interest rate may 427A(i)(3) of the HEA (20 U.S.C. not exceed 8.25 percent. the HEA (20 U.S.C. 1077a). 1077a(i)(3)) and were converted to The interest rates on variable-rate (a) During the in-school, grace, and variable-rate loans with maximum deferment periods, the interest rate for loans are determined annually and interest rates of seven percent, eight apply to the following 12-month period the period from July 1, 2007, through percent, nine percent, or ten percent, June 30, 2008, is 6.62 percent (4.92 beginning July 1 and ending June 30. respectively. For loans with fixed As described below, interest rate caps percent plus 1.7 percent); and interest rates of seven percent that were apply to most FFEL Program loans. (b) During all other periods, the FFEL interest rate formulas use the converted to variable-rate loans, the interest rate for the period from July 1, bond equivalent rate of 91-day Treasury interest rate for the period from July 1, 2007, through June 30, 2008, is 7.22 bills auctioned at the final auction held 2007, through June 30, 2008, is the percent (4.92 percent plus 2.3 percent). before June 1 of each year plus a maximum interest rate of 7.00 percent. Note that because 4.92 percent plus 3.1 Interest Rates for Fixed-Rate FFEL statutorily established add-on to Stafford Loans determine the variable interest rate for— percent equals 8.02 percent, which • FFEL fixed-rate Stafford loans first exceeds the maximum interest rate 1. For FFEL Stafford loans for which disbursed before October 1, 1992 that allowed, we use the maximum interest the first disbursement was made on or have been converted to variable-rate rate. For loans with fixed interest rates after July 1, 2006, the interest rate is loans; of eight percent, nine percent, or eight fixed at 6.80 percent. • percent with an increase to ten percent All FFEL Subsidized and Interest Rates for FFEL PLUS and FFEL Unsubsidized Stafford Loans first that were converted to variable-rate loans, the interest rate for the period Supplemental Loans for Students (SLS) disbursed on or after October 1, 1992 Loans and before July 1, 2006; from July 1, 2007, through June 30, • FFEL PLUS loans first disbursed on 2008, is the maximum interest rate of 1. For Variable-rate FFEL PLUS and or after July 1, 1998 and before July 1, 8.00 percent. Note that because 4.92 FFEL SLS loans first disbursed before 2006; and percent plus 3.1 percent equals 8.02 October 1, 1992, the interest rate may • FFEL Consolidation Loans for percent, which exceeds the maximum not exceed 12 percent. The interest rate which the Consolidation Loan interest rate allowed, we use the for the period from July 1, 2007, through application was received by the lender maximum interest rate. June 30, 2008, is 8.20 percent (4.95 percent plus 3.25 percent). on or after November 13, 1997 and Interest Rates for Variable-Rate FFEL 2. For FFEL SLS loans first disbursed before October 1, 1998. Stafford Loans The bond equivalent rate of the 91- on or after October 1, 1992, for a period day Treasury bills auctioned on May 29, 1. For FFEL Stafford loans made to of enrollment beginning before July 1, 2007, which is used to calculate the ‘‘new’’ borrowers for which the first 1994, the interest rate may not exceed interest rates for the one-year period disbursement was made (a) on or after 11 percent. The interest rate for the beginning on July 1, 2007, is 4.919 October 1, 1992, but before July 1, 1994, period from July 1, 2007, through June percent, which is rounded to 4.92 or (b) on or after July 1, 1994, for a 30, 2008, is 8.05 percent (4.95 percent percent. period of enrollment ending before July plus 3.10 percent). For FFEL PLUS loans first disbursed 1, 1994 (i.e., a late disbursement), with 3. For FFEL PLUS loans first before July 1, 1998, interest rates are a maximum interest rate of nine percent. disbursed on or after October 1, 1992, calculated based on the weekly average The interest rate for the period from July but before July 1, 1994, the interest rate of a 1-year constant maturity Treasury 1, 2007, through June 30, 2008, is 8.02 may not exceed ten percent. The interest yield, as published by the Board of percent (4.92 percent plus 3.1 percent). rate for the period from July 1, 2007, Governors of the Federal Reserve 2. For FFEL Stafford loans made to all through June 30, 2008, is 8.05 percent System, for the last calendar week borrowers, regardless of prior (4.95 percent plus 3.10 percent). ending on or before June 26. borrowing, for periods of enrollment 4. For FFEL PLUS loans first The weekly average of the 1-year that include or begin on or after July 1, disbursed on or after July 1, 1994, but constant maturity Treasury yield for the 1994, for which the first disbursement prior to July 1, 1998, the interest rate last calendar week ending on or before was made on or after July 1, 1994, but may not exceed nine percent. The June 26, 2007 is 4.95 percent. before July 1, 1995, the interest rate may interest rate for the period from July 1,

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2007, through June 30, 2008, is 8.05 period beginning on July 1 and ending SUPPLEMENTARY INFORMATION: Section percent (4.95 percent plus 3.10 percent). on June 30. 455(b) of the Higher Education Act of 5. For FFEL PLUS loans first Electronic Access to This Document: 1965, as amended (HEA), 20 U.S.C. disbursed on or after July 1, 1998, and You may view this document, as well as 1087e(b), provides formulas for before July 1, 2006, the interest rate may all other documents of this Department determining the interest rates charged to not exceed nine percent. The interest published in the Federal Register, in borrowers for loans made under the rate for the period from July 1, 2007, text or Adobe Portable Document Direct Loan Program including: Federal through June 30, 2008, is 8.02 percent Format (PDF) on the Internet at the Direct Stafford Loans (Direct Subsidized (4.92 percent plus 3.1 percent). following site: http://www.ed.gov/news/ Loans); Federal Direct Unsubsidized 6. FFEL PLUS loans first disbursed on federegister. Stafford Loans (Direct Unsubsidized or after July 1, 2006, have an interest To use PDF you must have Adobe Loans); Federal Direct PLUS Loans rate that is fixed at 8.50 percent. Acrobat Reader, which is available free (Direct PLUS Loans); and Federal Direct at this site. If you have questions about Consolidation Loans (Direct Interest Rates for FFEL Consolidation using PDF, call the U.S. Government Consolidation Loans). Loans Printing Office (GPO), toll free at 1–888– The Direct Loan Program includes 1. For FFEL Consolidation loans for 293–6498; or in the Washington, DC loans with variable interest rates and which the consolidation loan was made area at (202) 512–1530. loans with fixed interest rates. Most loans made under the Direct Loan by the lender before July 1, 1994, the Note: The official version of this document interest rate is the weighted average of is the document published in the Federal Program have variable interest rates that the interest rates on the loans Register. Free Internet access to the official change each year. The variable interest consolidated, rounded to the nearest edition of the Federal Register and the Code rate formula that applies to a particular whole percent, but may not be less than of Federal Regulations is available on GPO loan depends on the date of the first nine percent. Access at: http://www.gpoaccess.gov/nara/ disbursement of the loan. The variable 2. For FFEL Consolidation loans for index.html. rates are determined annually and are effective for each 12-month period which the consolidation loan was made Program Authority: 20 U.S.C. 1077a et seq. by the lender on or after July 1, 1994, beginning July 1 of one year and ending and before November 13, 1997, the Dated: October 31, 2007. June 30 of the following year. Pursuant interest rate is the weighted average of Lawrence A. Warder, to section 455(b) of the HEA, 20 U.S.C. the interest rates on the loans Acting Chief Operating Officer, Federal 1087e(b), the interest rate for Direct consolidated, rounded upward to the Student Aid. Subsidized Loans and Direct nearest whole percent. [FR Doc. E7–21806 Filed 11–5–07; 8:45 am] Unsubsidized Loans that are first disbursed on or after July 1, 2006, have 3. With respect to FFEL Consolidation BILLING CODE 4000–01–P a fixed interest rate of 6.80 percent. loans for which the consolidation loan Direct PLUS Loans that are first application was received by the lender disbursed on or after July 1, 2006, have on or after November 13, 1997, and DEPARTMENT OF EDUCATION a fixed interest rate of 7.90 percent. before October 1, 1998, the interest rate William D. Ford Federal Direct Loan In the case of some Direct may not exceed 8.25 percent. The Program Consolidation Loans, the interest rate is interest rate for the period from July 1, determined by the date on which the 2007, through June 30, 2008, is 8.02 AGENCY: Federal Student Aid, Direct Consolidation Loan application percent (4.92 percent plus 3.1 percent). Department of Education. was received. Direct Consolidation 4. With respect to FFEL Consolidation ACTION: Notice of interest rates for the Loans for which the application was loans for which the consolidation loan William D. Ford Federal Direct Loan received on or after February 1, 1999 application was received by the lender Program for the period July 1, 2007 have a fixed interest rate based on the on or after October 1, 1998, the interest through June 30, 2008. weighted average of the loans that are rate may not exceed 8.25 percent. The consolidated, rounded up to the nearest SUMMARY: The Acting Chief Operating interest rate is the weighted average of higher 1⁄8 of one percent. the interest rates on the loans Officer for Federal Student Aid Pursuant to section 455(b) of the HEA, consolidated, rounded to the nearest announces the interest rates for the 20 U.S.C. 1087e(b), the Direct Loan higher 1⁄8 of one percent. period July 1, 2007 through June 30, interest rate formulas use the bond 5. With respect to consolidation loans, 2008 for loans made under the William equivalent rates of the 91-day Treasury the interest rate equals the average of D. Ford Federal Direct Loan (Direct bills at the final auction held before the bond equivalent rates of the 91-day Loan) Program. June 1 of each year plus a statutory add- Treasury bills auctioned for the quarter FOR FURTHER INFORMATION CONTACT: Don on percentage to determine the variable ending prior to July 1, plus three Watson, U.S. Department of Education, interest rate for all Direct Subsidized percent. For the quarter ending before Room 114I2, UCP, 400 Maryland Loans and Direct Unsubsidized Loans; July 1, 2007, the average 91-day Avenue, SW., Washington, DC 20202– Direct Consolidation Loans for which Treasury bill rate was 4.895 percent 5400. Telephone: (202) 219–7037. the application was received on or after (rounded to 4.90 percent). The If you use a telecommunications July 1, 1998 and before February 1, maximum interest rate for the period device for the deaf (TDD), you may call 1999; and Direct PLUS Loans disbursed from July 1, 2007, through June 30, the Federal Relay Service (FRS) at on or after July 1, 1998. 2008, is 7.90 percent (4.90 percent plus 1–800–877–8339. The bond equivalent rate of the 91- 3.0 percent). If a portion of a Individuals with disabilities may day Treasury bills auctioned on May 29, Consolidation loan is attributable to a obtain this document in an alternative 2007, which is used to calculate the loan made under subpart I of part A of format (e.g., Braille, large print, interest rates on these loans, is 4.919 title VII of the Public Health Service audiotape, or computer diskette) on percent, which is rounded to 4.92 Act, the maximum interest rate for that request to the contact person listed percent. portion of the Consolidation loan is under FOR FURTHER INFORMATION In addition, pursuant to section 455(b) determined annually, for each 12-month CONTACT. of the HEA, 20 U.S.C. 1087e(b), as

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amended by Public Law 106–554, the equivalent rate of the 91-day Treasury 91-day Treasury bills auctioned at the Consolidated Appropriations Act, 2001, bills auctioned at the final auction held final auction held before June 1 plus 3.1 the interest rate for Direct PLUS Loans before June 1 plus 3.1 percent. However, percent. These interest rates may not that were disbursed on or after July 1, during in-school, grace, and deferment exceed 9.0 percent during any period. 1994 and on or before July 1, 1998, is periods, the interest rate formula is the From July 1, 2007, to June 30, 2008, the calculated based on the weekly average bond equivalent rate of the 91-day interest rate for Direct PLUS Loans and of a 1-year constant maturity Treasury Treasury bills auctioned at the final Direct PLUS Consolidation Loans that yield, as published by the Board of auction held before June 1 plus 2.5 were disbursed on or after July 1, 1998, Governors of the Federal Reserve percent. These interest rates may not and before October 1, 1998, is 8.02 exceed 8.25 percent during any period. System, for the last calendar week percent (4.92 percent plus 3.1 percent) ending on or before June 26 plus a From July 1, 2007, to June 30, 2008, the during all periods. statutory add-on percentage. interest rate for Direct Subsidized The weekly average of 1-year constant Loans, Direct Unsubsidized Loans, and For Direct Subsidized Loans, Direct maturity Treasury yield for the last Direct Subsidized and Unsubsidized Unsubsidized Loans, and Direct PLUS week ending on or before June 26, 2007 Consolidation Loans that were first Loans First Disbursed On or After is 4.95 percent. disbursed on or after July 1, 1995, and October 1, 1998, and Before July 1, 2006 Below is specific information on the before July 1, 1998, is 7.42 percent (4.92 calculation of the interest rates for the percent plus 2.5 percent) during in- The interest rate for Direct Subsidized Direct Loan Program. This information school, grace, and deferment periods Loans and Direct Unsubsidized Loans is is listed in order by the date a loan was and 8.02 percent (4.92 percent plus 3.1 the bond equivalent rate of the 91-day first disbursed or by the date that the percent) during all other periods. Treasury bills auctioned at the final Consolidation Application was The interest rate for Direct PLUS auction held before June 1 plus 2.3 received. Loans and Direct PLUS Consolidation percent. However, during in-school, Loans is the weekly average of a 1-year For Direct Loan Program Loans First grace, and deferment periods, the constant maturity Treasury yield, as Disbursed On or After July 1, 1994, and interest rate formula is the bond published by the Board of Governors of Before July 1, 1995 equivalent rate of the 91-day Treasury the Federal Reserve System, for the last bills plus 1.7 percent. These interest The interest rate for Direct Subsidized calendar week ending on or before June Loans, Direct Unsubsidized Loans, and 26 plus 3.1 percent. These interest rates rates may not exceed 8.25 percent Direct Subsidized and Unsubsidized may not exceed 9.0 percent during any during any period. From July 1, 2007, to Consolidation Loans is the bond period. From July 1, 2007, to June 30, June 30, 2008, the interest rate for Direct equivalent rate of the 91-day Treasury 2008, the interest rate for Direct PLUS Subsidized Loans and Direct bills auctioned at the final auction held Loans and Direct PLUS Consolidation Unsubsidized Loans that were disbursed before June 1 plus 3.1 percent. These Loans that were first disbursed on or after July 1, 1998, and before July 1, interest rates may not exceed 8.25 after July 1, 1995 and before July 1, 2006, is 6.62 percent (4.92 percent plus percent during any period. From July 1, 1998, is 8.05 percent (4.95 percent plus 1.7 percent) during in-school, grace, and 2007, to June 30, 2008, the interest rate 3.1 percent) during all periods. deferment periods and 7.22 percent for Direct Subsidized Loans, Direct (4.92 percent plus 2.3 percent) during For Direct Loans First Disbursed On or Unsubsidized Loans, and Direct all other periods. Subsidized and Unsubsidized After July 1, 1998, and Before October 1, 1998 The interest rate for Direct PLUS Consolidation Loans that were first Loans is the bond equivalent rate of the disbursed on or after July 1, 1994, and The interest rate for Direct Subsidized 91-day Treasury bills auctioned at the before July 1, 1995, is 8.02 percent (4.92 Loans, Direct Unsubsidized Loans, and percent plus 3.1 percent) during all Direct Subsidized and Unsubsidized final auction held before June 1 plus 3.1 periods. Consolidation Loans is the bond percent. These interest rates may not The interest rate for Direct PLUS equivalent rate of the 91-day Treasury exceed 9.0 percent during any period. Loans and Direct PLUS Consolidation bills auctioned at the final auction held From July 1, 2007, to June 30, 2008, the Loans is the weekly average of a 1-year before June 1 plus 2.3 percent. However, interest rate for Direct PLUS Loans that constant maturity Treasury yield, as during in-school, grace, and deferment were disbursed after July 1, 1998, and published by the Board of Governors of periods, the interest rate formula is the before July 1, 2006, is 8.02 percent (4.92 the Federal Reserve System, for the last bond equivalent rate of the 91-day percent plus 3.1 percent) during all calendar week ending on or before June Treasury bills auctioned at the final periods. 26 plus 3.1 percent. These interest rates auction held before June 1 plus 1.7 may not exceed 9.0 percent during any percent. These interest rates may not For Direct Subsidized Loans, Direct period. From July 1, 2007, to June 30, exceed 8.25 percent during any period. Unsubsidized Loans, and Direct PLUS 2008, the interest rate for Direct PLUS From July 1, 2007, to June 30, 2008, the Loans First Disbursed On or After July Loans and Direct PLUS Consolidation interest rate for Direct Subsidized 1, 2006 Loans, Direct Unsubsidized Loans, and Loans that were first disbursed on or The interest rate for Direct Subsidized Direct Subsidized and Unsubsidized after July 1, 1994 and before July 1, Loans and Direct Unsubsidized Loans 1995, is 8.05 (4.95 percent plus 3.1 Consolidation Loans that were first that were first disbursed on or after July percent) percent for all periods. disbursed on or after July 1, 1998 and before October 1, 1998, is 6.62 percent 1, 2006 is a fixed interest rate of 6.80 For Direct Loan Program Loans First (4.92 percent plus 1.7 percent) during percent during all periods. Disbursed On or After July 1, 1995, and in-school, grace, and deferment periods The interest rate for Direct PLUS Before July 1, 1998 and 7.22 percent (4.92 percent plus 2.3 Loans that were first disbursed on or The interest rate for Direct Subsidized percent) during all other periods. after July 1, 2006 is a fixed interest rate Loans, Direct Unsubsidized Loans, and The interest rate for Direct PLUS of 7.90 percent during all periods. Direct Subsidized and Unsubsidized Loans and Direct PLUS Consolidation Consolidation Loans is the bond Loans is the bond equivalent rate of the

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For Direct Consolidation Loans First For Direct Consolidation Loans For mandates the creation of the Technical Disbursed On or After October 1, 1998 Which the Application Was Received Guidelines Development Committee and For Which the Application Was On or After February 1, 1999 (TGDC) to assist the EAC in developing Received Before October 1, 1998 The interest rate for Direct its voluntary voting system guidance. Consolidation Loans for which the The TGDC has recommended standards The interest rate for Direct Subsidized application was received on or after to the EAC. These recommended and Unsubsidized Consolidation Loans February 1, 1999, is the lesser of 8.25 standards were submitted by the TGDC is the bond equivalent rate of the 91-day percent, or the weighted average of the to the EAC’s Executive Director Treasury bills auctioned at the final loans consolidated, rounded to the pursuant to section 221 of HAVA. auction held before June 1 plus 2.3 1 As part of its development process the nearest higher ⁄8 of one percent. percent. However, during in-school, Electronic Access to This Document: EAC is seeking public comment on the grace, and deferment periods, the You may view this document, as well as TGDC’s recommended standards. The interest rate formula is the bond all other documents of this Department EAC encourages the public to offer equivalent rate of the 91-day Treasury published in the Federal Register, in specific and detailed comments on all bills auctioned at the final auction held text or Adobe Portable Document aspects and sections of the before June 1 plus 1.7 percent. These Format (PDF) on the Internet at the requirements. The EAC is particularly interest rates may not exceed 8.25 following site: http://www.ed.gov/news/ interested in receiving comments on percent during any period. From July 1, federegister. three distinct issues: 2007, to June 30, 2008, the interest rate To use PDF you must have Adobe (1) The concept of Software for Direct Subsidized and Unsubsidized Acrobat Reader, which is available free Independence and the corresponding requirements for Independent Voter Consolidation Loans that were first at this site. If you have questions about Verifiable Records and the Innovation disbursed on or after October 1, 1998 using PDF, call the U.S. Government Printing Office (GPO), toll free at 1–888– class; and for which the application was (2) Open Ended Vulnerability Testing; received before October 1, 1998, is 6.62 293–6498; or in the Washington, DC area at (202) 512–1530. and percent (4.92 percent plus 1.7 percent) (3) the usability and accessibility during in-school, grace, and deferment Note: The official version of this document benchmarks developed for this iteration periods and 7.22 percent (4.92 percent is the document published in the Federal Register. Free Internet access to the official of the VVSG. plus 2.3 percent) during all other edition of the Federal Register and the Code All three of these concepts are new to periods. of Federal Regulations is available on GPO the VVSG and could have a substantial The interest rate for Direct PLUS Access at: http://www.gpoaccess.gov/nara/ impact on the cost of implementation Consolidation Loans is the bond index.html. and on the security and accessibility of equivalent rate of the 91-day Treasury Program Authority: 20 U.S.C. 1087 et seq.. voting systems. bills auctioned at the final auction held DATES: Comments must be received on Dated: October 31, 2007. before June 1 plus 3.1 percent. These or before 4 p.m. on March 5, 2008. interest rates may not exceed 9.0 Lawrence A. Warder, Submission of Comments: The EAC percent during any period. From July 1, Acting Chief Operating Officer, Federal provides two means of submission of Student Aid. 2007, to June 30, 2008, the interest rate comments: (1) On-line electronic for Direct PLUS Loans and Direct PLUS [FR Doc. E7–21807 Filed 11–5–07; 8:45 am] comment form at http://www.eac.gov, Consolidation Loans that were first BILLING CODE 4000–01–P and (2) by mail to Voluntary Voting disbursed on or after October 1, 1998 System Guidelines Comments, U.S. and for which the application was Election Assistance Commission, 1225 ELECTION ASSISTANCE COMMISSION received before October 1, 1998, is 8.02 New York Ave., NW., Suite 1100, Washington, DC 20005. Commenters are percent (4.92 percent plus 3.1 percent) Proposed Guidance on Voluntary during all periods. encouraged to submit comments Voting System Guidelines electronically to ensure timely receipt For Direct Consolidation Loans For AGENCY: United States Election and consideration. Which the Application Was Received Assistance Commission. In order to allow efficient and On or After October 1, 1998, and Before ACTION: Notice of TGDC draft effective review of comments the EAC February 1, 1999 recommendations of Voluntary Voting requests that: System Guidelines and request for (1) Comments should refer to the The interest rate for Direct comments. specific section that is the subject of the Consolidation Loans for which the comment. application was received on or after SUMMARY: The Help America Vote Act of (2) Comments regarding a term that is October 1, 1998 and before February 1, 2002 (HAVA) (Pub. L. 107–252, October included or that should be added to the 1999 is the bond equivalent rate of the 29, 2002) established the U.S. Election ‘‘Appendix A: Definitions of Words 91-day Treasury bills auctioned at the Assistance Commission (EAC). Section with Special Meanings’’ should final auction held before June 1 plus 2.3 202 of HAVA directs the EAC to adopt reference the term, part, and section percent. These interest rates may not voluntary voting system guidelines number to which the comment refers. exceed 8.25 percent during any period. (VVSG) and to provide for the testing, (3) General comments regarding the From July 1, 2007, to June 30, 2008, the certification, decertification, and entire document or comments that refer interest rate for Direct Consolidation recertification of voting system to more than one section should be Loans for which the application was hardware and software. The VVSG made as specifically as possible so that received on or after October 1, 1998 and provides specifications and standards EAC can clearly understand to which before February 1, 1999, is 7.22 percent against which voting systems can be portion(s) of the documents the (4.92 percent plus 2.3 percent) during tested to determine if they provide basic comment refers. functionality, accessibility, and security (4) To the extent that a comment all periods. capabilities. Section 221 of HAVA suggests a change in the wording of a

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requirement or section of the guidelines, submission of the Technical Data DEPARTMENT OF ENERGY please provide proposed language for Package and requirements for full the suggested change. system user documentation. Part 3 Federal Energy Regulatory To Obtain a copy of the TGDC Draft contains the testing requirements for Commission Recommendations of the Voluntary voting machines. This includes new Notice of Effectiveness of Exempt Voting System Guidelines: Due to the material on open ended vulnerability fact that the Voluntary Voting System Wholesale Generator or Foreign Utility testing and new benchmarks for Company Status Guidelines are more than 550 pages in performance testing. In addition to the length, the entire draft document has introduction and the three parts, the October 26, 2007. not been attached to this notice. A guidelines contain (1) an appendix for complete copy of the TGDC draft ‘‘definitions of words with special Benton County Wind Farm ... EG07–64–000 recommendations of the Voluntary Scurry County Wind L.P...... EG07–65–000 Voting System Guidelines is available meaning’’ specific to the requirements and (2) an appendix detailing all Jeffers Wind 20, LLC ...... EG07–66–000 from the EAC in electronic format. An Mansfield 2007 Trust A ...... EG07–67–000 electronic copy can be downloaded in references and end notes. Mansfield 2007 Trust B ...... EG07–68–000 PDF format or read in HTML version on Now that the TGDC has submitted its Mansfield 2007 Trust C ...... EG07–69–000 EAC’s Web site, http;://www.eac.gov. In draft recommendations to the EAC for Mansfield 2007 Trust D ...... EG07–70–000 order to obtain a paper copy of the publication in the Federal Register, the Mansfield 2007 Trust E ...... EG07–71–000 TGDC draft recommendations please Mansfield 2007 Trust F ...... EG07–72–000 EAC will begin its review and Airtricity Munnsville Wind mail a written request to Voluntary development process. This is a four Farm, LLC ...... EG07–73–000 Voting System Guidelines Comments, phase plan: CPV Liberty, LLC ...... EG07–74–000 U.S. Election Assistance Commission, Phase I—EAC will submit the TGDC’s Gas Natural BAN, S.A...... FC07–52–000 1225 New York Ave., NW., Suite 1100, ´ draft document to the Federal Register Transportista Electrica Washington, DC 20005. Centroamericana, S.A...... FC07–53–000 and provide a public comment feature FOR FURTHER INFORMATION CONTACT: on www.eac.gov. The public comment Matthew Masterson, Phone (202) 566– Take notice that during the month of 3100, e-mail period will last for 120 days and all September 2007, the status of the above- [email protected]. comments will be made available for captioned entities as Exempt Wholesale public review. This public comment Generators or Foreign Utility Companies SUPPLEMENTARY INFORMATION: Prior to period is not required by law; however, became effective by operation of the the passage of HAVA, the Federal the EAC thought it was extremely Commission’s regulations, with the Election Commission (FEC) published important to receive public input before exception of EG07–65–000, which the 2002 Voting System Standards proceeding with the process. During this became effective in July 2007. 18 CFR (VSS). HAVA mandated that the EAC public comment period the EAC will 366.7(a). update the VSS. In December of 2005 conduct public hearings regarding the the EAC adopted the 2005 VVSG. The Kimberly D. Bose, TGDC’s draft recommendations. The 2005 VVSG used many of the same Secretary. requirements as the 2002 VSS but it TGDC draft is currently available at http://www.eac.gov. [FR Doc. E7–21732 Filed 11–5–07; 8:45 am] expanded the security, accessibility, and BILLING CODE 6717–01–P usability sections. On March 29, 2006, Phase II—EAC will collect and review the TGDC held its first meeting to all public comments submitted on the discuss the next iteration of the VVSG. TGDC draft. After consideration of all DEPARTMENT OF ENERGY Since that time, the TGDC has held public comments, the EAC will then numerous public meetings and perform an internal review. Federal Energy Regulatory subcommittee conference calls to create Commission Phase III—Based upon public a set of draft guidelines for comment and internal review of the [Docket No. CP08–7–000] recommendation to the EAC (all TGDC meeting materials can be found at TGDC document, the EAC will develop and publish its draft version in the Quicksilver Resources, Inc.; BreitBurn http://www.vote.nist.gov). On August Operating L.P; Notice of Petition for Federal Register. The public will have 17, 2007, the TGDC voted to complete Declaratory Order final edits of their recommendations another 120 days to comment on the and submit them to the Executive EAC draft version. EAC will conduct October 26, 2007. Director of the EAC. The EAC received public hearings to discuss its draft Take notice that on October 5, 2007, the draft guidelines from the TGDC on version. Quicksilver Resources, Inc. and August 31, 2007. Phase IV—EAC will collect and BreitBurn Operating L.P. (collectively The recommended guidelines review all comments submitted and Petitioners), under Rule 207(a)(2) of the currently consist of an Introduction and make final modifications. The final Commission’s Rules of Practice and three distinct Parts. The Introduction is version of the VVSG will be adopted by Procedure, 18 CFR 385.207(a)(2) (2007), an overview of the requirements and vote of the Commission at a public filed a petition for a declaratory order explanations of new or expanded meeting and then published in the requesting that the Commission disclaim jurisdiction over certain materials. Part 1 contains the equipment Federal Register. requirements including upgraded natural gas facilities because such requirements for security and new Thomas R. Wilkey, facilities perform a gathering function usability benchmarks for voting Executive Director, U.S. Election Assistance exempt from the Commission’s machines. Part 2 details the Commission. jurisdiction under section 1(b) of the documentation requirements for both [FR Doc. 07–5526 Filed 11–5–07; 8:45 am] Natural Gas Act. the manufacturers and the Voting Any person desiring to intervene or to BILLING CODE 6820–KF–M System Test Laboratories (VSTL). Part 2 protest this filing must file in also includes a section on the accordance with Rules 211 and 214 of

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the Commission’s Rules of Practice and DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, Procedure (18 CFR 385.211 and 888 First Street, NE., Washington, DC 385.214). Protests will be considered by Federal Energy Regulatory 20426. the Commission in determining the Commission This filing is accessible on-line at appropriate action to be taken, but will [Docket No. QM07–5–001] http://www.ferc.gov, using the not serve to make protestants parties to ‘‘eLibrary’’ link and is available for the proceeding. Any person wishing to Xcel Energy Services Inc., on Behalf of review in the Commission’s Public become a party must file a notice of Southwestern Public Service Reference Room in Washington, DC. intervention or motion to intervene, as Company, Oklahoma Gas and Electric There is an ‘‘eSubscription’’ link on the appropriate. Such notices, motions, or Company; American Electric Power Web site that enables subscribers to protests must be filed on or before the Service Corp., on Behalf of Public receive e-mail notification when a document is added to a subscribed date as indicated below. Anyone filing Service Company of Oklahoma and Southwestern Electric Power docket(s). For assistance with any FERC an intervention or protest must serve a Company; Notice of Filing Online service, please e-mail copy of that document on the Applicant. [email protected], or call Anyone filing an intervention or protest October 26, 2007. (866) 208–3676 (toll free). For TTY, call on or before the intervention or protest Take notice that on October 24, 2007, (202) 502–8659. date need not serve motions to intervene Xcel Energy Services Inc., on behalf of Comment Date: 5 p.m. Eastern Time or protests on persons other than the Southwestern Public Service Company; on November 21, 2007. Applicant. Oklahoma Gas and Electric Company, and American Electric Power Service Kimberly D. Bose, The Commission encourages Corporation on behalf of Public Service Secretary. electronic submission of protests and Company of Oklahoma and interventions in lieu of paper using the [FR Doc. E7–21734 Filed 11–5–07; 8:45 am] Southwestern Electric Power Company BILLING CODE 6717–01–P ‘‘eFiling’’ link at http://www.ferc.gov. (collectively, Applicants) filed a Persons unable to file electronically material amendment to their September should submit an original and 14 copies 25, 2007 Application to Terminate the DEPARTMENT OF ENERGY of the protest or intervention to the Requirement to Enter into New Federal Energy Regulatory Commission, Contracts of Obligations with Qualifying Federal Energy Regulatory 888 First Street, NE., Washington, DC Facilities (QFs). The amendment Commission 20426. consists of revised Attachments E and I [Docket Nos. CP07–8–000; CP07–8–001; This filing is accessible on-line at to the application and names additional CP07–8–002] http://www.ferc.gov, using the QFs that may be potentially affected by ‘‘eLibrary’’ link and is available for the application. Guardian Pipeline, L.L.C; Notice of Because the filing constitutes a review in the Commission’s Public Availability of the Final Environmental material amendment to the September Reference Room in Washington, DC. Impact Statement for the Guardian 25, 2007 application filed by Expansion and Extension Project There is an ‘‘eSubscription’’ link on the Applicants, the 90-day period within web site that enables subscribers to which the Commission must act on this October 26, 2007. receive e-mail notification when a application begins on the date of the The staff of the Federal Energy document is added to a subscribed amended filing. The Commission will Regulatory Commission (FERC or docket(s). For assistance with any FERC act on the application on or before Commission) has prepared this Final Online service, please e-mail January 23, 2008, unless the application Environmental Impact Statement (EIS) [email protected], or call is again materially amended. for the natural gas pipeline facilities (866) 208–3676 (toll free). For TTY, call Any person desiring to intervene or to proposed by Guardian Pipeline, L.L.C. (202) 502–8659. protest this filing must file in (Guardian) under the above-referenced accordance with Rules 211 and 214 of docket. The Guardian Expansion and COMMENT DATE: 5 p.m. Eastern Time the Commission’s Rules of Practice and Extension Project (G–II Project) would November 26, 2007. Procedure (18 CFR 385.211, 385.214). be located in various counties in eastern Kimberly D. Bose, Protests will be considered by the Wisconsin and northeastern Illinois. Secretary. Commission in determining the The Final EIS was prepared to satisfy the requirements of the National [FR Doc. E7–21731 Filed 11–5–07; 8:45 am] appropriate action to be taken, but will not serve to make protestants parties to Environmental Policy Act (NEPA). The BILLING CODE 6717–01–P the proceeding. Any person wishing to FERC staff concludes that the proposed become a party must file a notice of Project, with the appropriate mitigation intervention or motion to intervene, as measures as recommended, would have appropriate. Such notices, motions, or limited adverse environmental impact. protests must be filed on or before the The U.S. Army Corps of Engineers comment date. On or before the (COE) and the Bureau of Indian Affairs comment date, it is not necessary to (BIA) are federal cooperating agencies, serve motions to intervene or protests and the Wisconsin Department of on persons other than the Applicant. Natural Resources (WDNR) is the state The Commission encourages cooperating agency for the development electronic submission of protests and of this EIS. A federal cooperating agency interventions in lieu of paper using the has jurisdiction by law or special ‘‘eFiling’’ link at http://www.ferc.gov. expertise with respect to any Persons unable to file electronically environmental impact involved with the should submit an original and 14 copies proposal and is involved in the NEPA of the protest or intervention to the analysis.

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The purpose of the G–II Project is to Regulatory Commission, Public DEPARTMENT OF ENERGY provide facilities necessary to provide Reference Room, 888 First Street, NE., about 537,200 decatherms per day of Room 2A, Washington, DC 20426, (202) Federal Energy Regulatory additional natural gas capacity to 502–8371. Commission Guardian’s existing pipeline system. A limited number of copies of the [Project No. 199–205] The proposed additional capacity would Final EIS are available from the Public facilitate the transport of natural gas to Santee Cooper Hydroelectric Project; Reference Room identified above. In customers within the state of Wisconsin Notice of Availability of the Final addition, the Final EIS has been mailed and provide those customers with the Environmental Impact Statement for necessary infrastructure to support to affected landowners; various federal, the Santee Cooper Hydroelectric growth, choice, and competition within state, and local government agencies; Project the natural gas marketplace. elected officials; environmental and The Final EIS addresses the potential public interest groups; Native American October 26, 2007. environmental effects of construction tribes; local libraries and newspapers; In accordance with the National and operation of the following facilities: intervenors; and other individuals that Environmental Policy Act of 1969 and • 83.9 miles of 30-inch-diameter expressed an interest in the proposed the Federal Energy Regulatory natural gas pipeline in Jefferson, Dodge, Project. Commission (Commission or FERC) Fond du Lac, Calumet, Brown, and regulations contained in the Code of Additional information about the Federal Regulations (CFR)(18 CFR part Outagamie Counties, Wisconsin; proposed Project is available from the • 31.3 miles of 20-inch-diameter 380 [FERC Order No. 486, 52 FR Commission’s Office of External Affairs, natural gas pipeline in Brown and 47897]), the Office of Energy Projects Outagamie Counties, Wisconsin; at 1–866–208–FERC or on the FERC staff (staff) reviewed the application for • 1.4 miles of 16-inch-diameter Internet Web site (http://www.ferc.gov). a New Major License for the Santee natural gas branch line referred to as the To access information via the FERC Cooper Hydroelectric Project, and have Denmark Branch Line in Brown County, website click on the ‘‘eLibrary’’ link prepared a final environmental impact Wisconsin; then click on ‘‘General Search’’ and statement (FEIS) for the project which is • Two 20-inch-diameter natural gas enter the docket number (CP07–8) located on the Santee and Cooper Rivers branch lines including the 1.8-mile excluding the last three digits in the in Berkeley, Calhoun, Clarendon, Southwest Green Bay Branch Line in Docket Number field. Be sure you have Orangeburg, and Sumpter Counties, Brown County and a 0.8-mile West selected an appropriate date range. The South Carolina. Green Bay Branch Line in Outagamie ‘‘eLibrary’’ link provides access to the The FEIS contains staff’s analysis of County, Wisconsin; texts of formal documents issued by the the applicant’s proposal and the • Two new 39,000 horsepower (hp) Commission, such as orders, notices, alternatives for relicensing the Santee electric-motor-driven compressor and rulemakings. For assistance with Cooper Hydroelectric Project. The FEIS stations including the Sycamore ‘‘eLibrary’’, please contact FERC Online documents the views of governmental Compressor Station located in the Support at [email protected] agencies, non-governmental Sycamore Township in DeKalb County, or toll free at 1–866–208–3676, or for organizations, affected Indian tribes, the Illinois and the Bluff Creek Compressor TTY, contact (202) 502–8659. public, the license applicant, and Station located in the Town of La Commission staff. Grange in Walworth County, Wisconsin; In addition, the Commission now The FEIS will be part of the record • Modifications to the existing Ixonia offers a free service called eSubscription from which the Commission will make Meter Station in Jefferson County, which allows you to keep track of all its decision. Wisconsin and the construction of seven formal issuances and submittals in A copy of the FEIS is available for new meter stations in the Counties of specific dockets. This can reduce the review at the Commission’s Public Dodge, Fond du Lac, Calumet, Brown, amount of time you spend researching Reference Room (Room 2A, located at and Outagamie Counties, Wisconsin; proceedings by automatically providing 888 First Street, NE., Washington, DC • New pig launcher/receiver facilities you with notification of these filings, 20426) or may be viewed on the within Guardian’s existing Ixonia Meter document summaries and direct links to Commission’s Web site at http:// Station in Jefferson County, Wisconsin, these documents. To learn more about www.ferc.gov, using the ‘‘e-Library’’ within the proposed Fox Valley Meter eSubscription and to sign-up for this link. Enter the docket number, Station in Calumet County, Wisconsin, service please go to http://www.ferc.gov/ excluding the last three digits, to access and West Green Bay Meter Station in esubscribenow.htm. the document. For assistance, contact Outagamie County, Wisconsin; and FERC Online Support at • Six new mainline valves (MLVs), Kimberly D. Bose, [email protected] or toll- four of which would occur along the 30- Secretary. free at (866) 208–3676, or for TTY, inch-diameter pipeline in the counties [FR Doc. E7–21730 Filed 11–5–07; 8:45 am] contact (202) 502–8659. of Dodge, Fond du Lac, and Calumet, CD versions of the FEIS have been BILLING CODE 6717–01–P Wisconsin, and two which would occur mailed to everyone on the mailing list along the 20-inch-diameter pipeline in for the project. Copies of the CD, as well Brown and Outagamie Counties, as a limited number of paper copies, are Wisconsin. available from the Public Reference Guardian proposes to have Project Room identified above. construction initiated in the spring of You may also register online at 2008 and would be completed for a http://www.ferc.gov/docs-filing/ proposed in-service date of November esubscription.asp to be notified via 2008. e-mail of new filings and issuances The Final EIS has been placed in the related to this or other pending projects. public files of the FERC and is available For assistance, contact FERC Online for public inspection at: Federal Energy Support.

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For further information, please Summary of the Proposed Project construction and operation of the contact Monte TerHaar at (202) 502– El Paso proposes to install three gas- proposed project under these general 6035 or at [email protected]. headings: fired compressor units totaling 8,290 • horsepower at the new Picacho Geology and soils. Kimberly D. Bose, • Land use and visual quality. Secretary. Compressor Station in Pinal County, • Arizona. The proposed project would Cultural resources. [FR Doc. E7–21733 Filed 11–5–07; 8:45 am] • Vegetation and wildlife (including provide up to 372,500 dekatherms per BILLING CODE 6717–01–P threatened and endangered species). day of gas to interconnects with • Air quality and noise. Transwestern Pipeline Company, LLC’s • Reliability and safety. DEPARTMENT OF ENERGY proposed Phoenix Expansion (Docket We will also evaluate possible No. CP06–459–000) and El Paso’s alternatives to the proposed project or Federal Energy Regulatory existing pipeline system. portions of the project, where necessary, The proposed compressor station Commission and make recommendations on how to would be located along El Paso’s Line lessen or avoid impacts on the various [Docket No. CP07–448–000] 20120 in an 8-acre parcel owned by resource areas. El Paso. The parcel is also the current El Paso Natural Gas Company; Notice Our independent analysis of the location of El Paso’s Line 20120 pigging of Intent to Prepare an Environmental issues will be in the EA. Depending on facilities. El Paso indicates that Assessment for the Proposed Picacho the comments received during the additional workspace would not be scoping process, the EA may be Compressor Station Project and required outside of the 8-acre parcel, published and mailed to federal, state, Request for Comments on and an existing public road would be Environmental Issues utilized for access to the construction and local agencies, public interest area. groups, interested individuals, affected October 26, 2007. landowners, newspapers, libraries, and The staff of the Federal Energy The general location of the proposed facilities is shown in Appendix 11. the Commission’s official service list for Regulatory Commission (FERC or this proceeding. A comment period will Commission) will prepare an The EA Process be allotted for review if the EA is environmental assessment (EA) that will We 2 are preparing this EA to comply published. We will consider all discuss the environmental impacts of with the National Environmental Policy comments on the EA before we make the Picacho Compressor Station Project Act (NEPA) which requires the our recommendations to the involving construction and operation of Commission to take into account the Commission. natural gas pipeline facilities by El Paso environmental impact that could result To ensure your comments are Natural Gas Company (El Paso) in Pinal if it authorizes El Paso’s proposal. By considered, please carefully follow the County, Arizona. The EA will be used this notice, we are also asking federal, instructions in the Public Participation by the Commission in its decision- state, and local agencies with section below. making process to determine whether jurisdiction and/or special expertise Public Participation the project is in the public convenience with respect to environmental issues to and necessity. formally cooperate with us in the You can make a difference by This notice announces the opening of preparation of the EA. Agencies that providing us with your specific the scoping process the Commission would like to request cooperating status comments or concerns about the project. will use to gather input from the public should follow the instructions for filing By becoming a commentor, your and interested agencies on the project. comments provided below. concerns will be addressed in the EA Your input will help determine which NEPA also requires the FERC to and considered by the Commission. You issues need to be evaluated in the EA. discover and address concerns the should focus on the potential Please note that the scoping period will public may have about proposals. This environmental effects of the proposal, close on November 26, 2007. Details on process is referred to as ‘‘scoping.’’ The alternatives to the proposal including how to submit comments are provided main goal of the scoping process is to alternative compressor station sites, and in the Public Participation section of focus the analysis in the EA on the measures to avoid or lessen this notice. important environmental issues. By this environmental impact. The more This notice is being sent to affected Notice of Intent, we are requesting specific your comments, the more useful landowners; Federal, State, and local public comments on the scope of the they will be. Please carefully follow government agencies; elected officials; issues to address in the EA. All these instructions to ensure that your Native American tribes; other interested comments received are considered comments are received in time and parties; and local libraries and during the preparation of the EA. properly recorded: newspapers. State and local government The EA will discuss impacts that • Send an original and two copies of representatives are asked to notify their could occur as a result of the your letter to: Kimberley D. Bose, constituents of this proposed project Secretary, Federal Energy Regulatory and to encourage them to comment on 1 The appendices referenced in this notice are not Commission, 888 First St., NE., Room their areas of concern. being printed in the Federal Register. Copies are 1A, Washington, DC 20426; available on the Commission’s Internet Web site • A fact sheet prepared by the FERC (http://www.ferc.gov) at the ‘‘eLibrary’’ link or from Label one copy of the comments for entitled ‘‘An Interstate Natural Gas the Commission’s Public Reference Room at (202) the attention of Gas Branch 1, PJ–11.1; Facility On My Land? What Do I Need 502–8371. For instructios on connecting to • Reference Docket No. CP07–448– To Know?’’ addresses a number of eLibrary, refer to the ‘‘Additional Information’’ section at the end of this notice. Copies of the 000; and typically asked questions, including the appendices were sent to all those receiving this • Mail your comments so that they use of eminent domain and how to notice in the mail. Requests for detailed maps of the will be received in Washington, DC on participate in the Commission’s proposed facilities should be made directly to or before November 26, 2007. proceedings. It is available for viewing El Paso. The Commission encourages 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our ’’ refer to the on the FERC Internet Web site (http:// environmental staff of the FERC’s Office of Energy electronic filing of comments. See 18 www.ferc.gov). Projects. Code of Federal Regulations

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385.2001(a)(1)(iii) and the instructions Commission’s Office of External Affairs, Commission, a copy of the on the Commission’s Internet Web site at 1–866–208–FERC or on the FERC communication, if written, or a at http://www.ferc.gov under the Internet Web site (http://www.ferc.gov) summary of the substance of any oral ‘‘eFiling’’ link and the link to the User’s using the ‘‘eLibrary’’ link. Click on the communication. Guide. Prepare your submission in the eLibrary link, then on ‘‘General Search’’ Prohibited communications are same manner as you would if filing on and enter the docket number excluding included in a public, non-decisional file paper and save it to a file on your hard the last three digits in the Docket associated with, but not a part of, the drive. Before you can file comments you Number field. Be sure you have selected will need to create an account by an appropriate date range. For decisional record of the proceeding. clicking on ‘‘Login to File’’ and then assistance, please contact FERC Online Unless the Commission determines that ‘‘New User Account.’’ You will be asked Support at [email protected] the prohibited communication and any to select the type of filing you are or toll free at 1–866–208–3676, or for responses thereto should become a part making. This filing is considered a TTY, contact (202) 502–8659. The of the decisional record, the prohibited ‘‘Comment on Filing.’’ eLibrary link also provides access to the off-the-record communication will not As described above, we may mail the texts of formal documents issued by the be considered by the Commission in EA for comment. If you are interested in Commission, such as orders, notices, reaching its decision. Parties to a receiving an EA for review and/or and rulemakings. proceeding may seek the opportunity to comment, please return the Information In addition, the Commission now respond to any facts or contentions Request (Appendix 3). If you do not offers a free service called eSubscription made in a prohibited off-the-record return the Information Request, you will which allows you to keep track of all communication, and may request that be taken off the mailing list. formal issuances and submittals in the Commission place the prohibited Becoming an Intervenor specific dockets. This can reduce the communication and responses thereto amount of time you spend researching In addition to involvement in the EA in the decisional record. The proceedings by automatically providing Commission will grant such a request scoping process, you may want to you with notification of these filings, become an official party to the only when it determines that fairness so document summaries and direct links to requires. Any person identified below as proceeding known as an ‘‘intervenor.’’ the documents. Go to http:// Intervenors play a more formal role in having made a prohibited off-the-record www.ferc.gov/esubscribenow.htm. communication shall serve the the process. Among other things, Finally, public meetings or site visits document on all parties listed on the intervenors have the right to receive will be posted on the Commission’s copies of case-related Commission calendar located at http://www.ferc.gov/ official service list for the applicable documents and filings by other EventCalendar/EventsList.aspx along proceeding in accordance with Rule intervenors. Likewise, each intervenor with other related information. 2010, 18 CFR 385.2010. must send one electronic copy (using Exempt off-the-record Kimberly D. Bose, the Commission’s eFiling system) or 14 communications are included in the paper copies of its filings to the Secretary. decisional record of the proceeding, Secretary of the Commission and must [FR Doc. E7–21735 Filed 11–5–07; 8:45 am] unless the communication was with a send a copy of its filings to all other BILLING CODE 6717–01–P parties on the Commission’s service list cooperating agency as described by 40 for this proceeding. CFR 1501.6, made under 18 CFR If you want to become an intervenor DEPARTMENT OF ENERGY 385.2201(e)(1)(v). you must file a motion to intervene The following is a list of off-the- according to Rule 214 of the Federal Energy Regulatory record communications recently Commission’s Rules of Practice and Commission received by the Secretary of the Procedure (18 CFR 385.214) (see [Docket No. RM98–1–000] Commission. The communications Appendix 2) 3. Only intervenors have listed are grouped by docket numbers in the right to seek rehearing of the Records Governing Off-the Record ascending order. These filings are Commission’s decision. Communications; Public Notice available for review at the Commission Affected landowners and parties with in the Public Reference Room or may be environmental concerns may be granted October 26, 2007. intervenor status upon showing good This constitutes notice, in accordance viewed on the Commission’s Web site at cause by stating that they have a clear with 18 CFR 385.2201(b), of the receipt http://www.ferc.gov using the eLibrary and direct interest in this proceeding of prohibited and exempt off-the-record link. Enter the docket number, which would not be adequately communications. excluding the last three digits, in the represented by any other parties. You do Order No. 607 (64 FR 51222, docket number field to access the not need intervenor status to have your September 22, 1999) requires document. For assistance, please contact environmental comments considered. Commission decisional employees, who FERC, Online Support at make or receive a prohibited or exempt [email protected] or toll Additional Information off-the-record communication relevant free at (866) 208–3676, or for TTY, Additional information about the to the merits of a contested proceeding, contact (202) 502–8659. project is available from the to deliver to the Secretary of the

Docket No. Date received Presenter or requester

Prohibited: 1. P–11858–000 ...... 10–24–07 Ms. Johanna E. Howard.

3 Interventions may also be filed electronically via the Internet in lieu of paper. See the previous discussion on filing comments electronically.

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Docket No. Date received Presenter or requester

Exempt: 1. CP07–35–000, CP07–36–000, CP07–37–000, CP07–38–000 ...... 10–24–07 Dan Pritchard. 2. CP07–62–000 ...... 10–15–07 Joe La Bissonniere. 3. RP07–425–000 ...... 10–16–07 Kathleen Sebelius.

Kimberly D. Bose, Technology for Sustainability Docket: All documents in the docket Secretary. Subcommittee Meetings—Winter/Spring are listed in the www.regulations.gov [FR Doc. E7–21729 Filed 11–5–07; 8:45 am] 2007 Docket, Mailcode: 28221T, 1200 index. Although listed in the index, BILLING CODE 6717–01–P Pennsylvania Ave., NW., Washington, some information is not publicly DC, 20460, Attention Docket ID No. available, e.g., CBI or other information EPA–HQ–ORD–2006–1010. whose disclosure is restricted by statute. ENVIRONMENTAL PROTECTION • Hand Delivery or Courier. Deliver Certain other material, such as AGENCY comments to: EPA Docket Center (EPA/ copyrighted material, will be publicly DC), Room B102, EPA West Building, available only in hard copy. Publicly [EPA–HQ–ORD–2006–1010; FRL–8492–5] 1301 Constitution Avenue, available docket materials are available Board of Scientific Counselors, NW.,Washington, DC, Attention Docket either electronically in Technology for Sustainability ID No. EPA–HQ–ORD–2006–1010. Note: www.regulations.gov or in hard copy at Subcommittee Meeting—December this is not a mailing address. Such the Board of Scientific Counselors, 2007 deliveries are only accepted during the Technology for Sustainability docket’s normal hours of operation, and Subcommittee Meetings—Winter/Spring AGENCY: Environmental Protection special arrangements should be made 2007 Docket, EPA/DC, EPA West, Room Agency (EPA). for deliveries of boxed information. B102, 1301 Constitution Ave., NW., ACTION: Notice of meeting. Instructions: Direct your comments to Washington, DC. The Public Reading Docket ID No. EPA–HQ–ORD–2006– Room is open from 8:30 a.m. to 4:30 SUMMARY: Pursuant to the Federal p.m., Monday through Friday, excluding Advisory Committee Act, Public Law 1010. EPA’s policy is that all comments received will be included in the public legal holidays. The telephone number 92–463, the Environmental Protection for the Public Reading Room is (202) Agency, Office of Research and docket without change and may be made available online at 566–1744, and the telephone number for Development (ORD), gives notice of a the ORD Docket is (202) 566–1752. meeting of the Board of Scientific www.regulations.gov, including any Counselors (BOSC) Technology for personal information provided, unless FOR FURTHER INFORMATION CONTACT: The Sustainability Subcommittee. the comment includes information Designated Federal Officer via mail at: claimed to be Confidential Business DATES: The meeting (via teleconference Clois Slocum, USEPA, 26 W. Martin call) will be held on Tuesday, December Information (CBI) or other information Luther King Drive, Cincinnati, OH 11, 2007 from 3 p.m. to 5 p.m. All times whose disclosure is restricted by statute. 45268; via phone/voice mail at: (513) noted are eastern time. The meeting may Do not submit information that you 569–7281; via fax at: (513) 569–7549; or adjourn early if all business is finished. consider to be CBI or otherwise via e-mail at: [email protected]. protected through www.regulations.gov Requests for the draft agenda or for SUPPLEMENTARY INFORMATION: making oral presentations at the meeting or e-mail. The www.regulations.gov Web will be accepted up to 1 business day site is an ‘‘anonymous access’’ system, General Information before the meeting. which means EPA will not know your identity or contact information unless Any member of the public interested ADDRESSES: Participation in the you provide it in the body of your in receiving a draft BOSC agenda or conference call will be by comment. If you send an e-mail making a presentation at the meeting teleconference only—meeting rooms comment directly to EPA without going may contact Clois Slocum, the will not be used. Members of the public Designated Federal Officer, via any of may obtain the call-in number and through www.regulations.gov, your e-mail address will be automatically the contact methods listed in the FOR access code for the call from Clois FURTHER INFORMATION CONTACT section Slocum, whose contact information is captured and included as part of the comment that is placed in the public above. In general, each individual listed under the FOR FURTHER docket and made available on the making an oral presentation will be INFORMATION CONTACT section of this limited to a total of three minutes. notice. Submit your comments, Internet. If you submit an electronic comment, EPA recommends that you Proposed agenda items for the identified by Docket ID No. EPA–HQ– meeting include but are not limited to: ORD–2006–1010, by one of the include your name and other contact information in the body of your The discussion of the draft report per following methods: BOSC Executive Committee review • http://www.regulations.gov: Follow comment and with any disk or CD–ROM comments. The meeting is open to the the on-line instructions for submitting you submit. If EPA cannot read your public. comments. comment due to technical difficulties • E-mail: Send comments by and cannot contact you for clarification, Information on Services for electronic mail (e-mail) to: EPA may not be able to consider your Individuals with Disabilities: For [email protected], Attention Docket comment. Electronic files should avoid information on access or services for ID No. EPA–HQ–ORD–2006–1010. the use of special characters, any form individuals with disabilities, please • Fax: Fax comments to: (202) 566– of encryption, and be free of any defects contact Clois Slocum (513) 569–7281 or 0224, Attention Docket ID No. EPA– or viruses. For additional information [email protected]. To request HQ–ORD–2006–1010. about EPA’s public docket visit the EPA accommodation of a disability, please • Mail: Send comments by mail to: Docket Center homepage at http:// contact Clois Slocum, preferably at least Board of Scientific Counselors, www.epa.gov/epahome/dockets.htm. 10 days prior to the meeting, to give

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EPA as much time as possible to process Ave., NW., Washington, DC 20460, the Board of Scientific Counselors, your request. Attention Docket ID No. EPA–HQ– National Exposure Research Laboratory Dated: October 31, 2007. ORD–2007–1053. (NERL) Standing Subcommittee—2007 • Hand Delivery or Courier. Deliver Jeff Morris, Docket, EPA/DC, EPA West, Room comments to: EPA Docket Center (EPA/ B102, 1301 Constitution Ave., NW., Acting Director, Office of Science Policy. DC), Room B102, EPA West Building, Washington, DC. The Public Reading [FR Doc. E7–21795 Filed 11–5–07; 8:45 am] 1301 Constitution Avenue, NW., Room is open from 8:30 a.m. to 4:30 BILLING CODE 6560–50–P Washington, DC, Attention Docket ID p.m., Monday through Friday, excluding No. EPA–HQ–ORD–2007–1053. Note: legal holidays. The telephone number this is not a mailing address. Such for the Public Reading Room is (202) ENVIRONMENTAL PROTECTION deliveries are only accepted during the 566–1744, and the telephone number for AGENCY docket’s normal hours of operation, and the ORD Docket is (202) 566–1752. [EPA–HQ–ORD–2007–1053; FRL–8492–6] special arrangements should be made for deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: The Board of Scientific Counselors, Instructions: Direct your comments to Designated Federal Officer via mail at: National Exposure Research Docket ID No. EPA–HQ–ORD–2007– Susan Peterson, Mail Code 8104–R, Laboratory (NERL) Standing 1053. EPA’s policy is that all comments Office of Science Policy, Office of Subcommittee Meeting—2007 received will be included in the public Research and Development, docket without change and may be Environmental Protection Agency, 1200 AGENCY: Environmental Protection made available online at Pennsylvania Avenue, NW., Agency (EPA). www.regulations.gov, including any Washington, DC 20460; via phone/voice ACTION: Notice of meeting. personal information provided, unless mail at: (202) 564–1077; via fax at: (202) the comment includes information 565–2911; or via email at: SUMMARY: Pursuant to the Federal [email protected]. Advisory Committee Act, Public Law claimed to be Confidential Business Information (CBI) or other information 92–463, the Environmental Protection SUPPLEMENTARY INFORMATION: whose disclosure is restricted by statute. Agency, Office of Research and Do not submit information that you General Information Development (ORD), gives notice of a consider to be CBI or otherwise meeting of the Board of Scientific Participation in the meeting will be by protected through www.regulations.gov Counselors (BOSC) National Exposure teleconference only—meeting rooms or e-mail. The www.regulations.gov Web Research Laboratory (NERL) Standing will not be used. Members of the public site is an ‘‘anonymous access’’ system, Subcommittee. which means EPA will not know your who wish to obtain the call-in number DATES: The meeting (a teleconference identity or contact information unless and access code to participate in the call) will be held on Wednesday, you provide it in the body of your conference call may contact Susan November 28, 2007 from 2 p.m. to 4 comment. If you send an e-mail Peterson, the Designated Federal p.m. All times noted are eastern time. comment directly to EPA without going Officer, via any of the contact methods The meeting may adjourn early if all through www.regulations.gov, your e- listed in the FOR FURTHER INFORMATION business is finished. Requests for the mail address will be automatically CONTACT section above, by 4 working draft agenda or for making oral captured and included as part of the days prior to the conference call. presentations at the conference call will comment that is placed in the public The purpose of the meeting is to be accepted up to 1 business day before docket and made available on the provide the subcommittee with the meeting. Internet. If you submit an electronic background information on the Office of ADDRESSES: Participation in the meeting comment, EPA recommends that you Research and Development (ORD) and will be by teleconference only—meeting include your name and other contact one of ORD’s Laboratories, the National rooms will not be used. Members of the information in the body of your Exposure Research Laboratory (NERL). public may obtain the call-in number comment and with any disk or CD–ROM Proposed agenda items for the and access code for the call from Susan you submit. If EPA cannot read your conference call include, but are not Peterson, whose contact information is comment due to technical difficulties limited to: overview of subcommittee listed under the FOR FURTHER and cannot contact you for clarification, objectives, overview of ORD, overview INFORMATION CONTACT section of this EPA may not be able to consider your of NERL, and discussion of the charge notice. Submit your comments, comment. Electronic files should avoid to subcommittee. The conference call is identified by Docket ID No. EPA–HQ– the use of special characters, any form open to the public. ORD–2007–1053, by one of the of encryption, and be free of any defects Information on Services for following methods: or viruses. For additional information Individuals with Disabilities: For • http://www.regulations.gov: Follow about EPA’s public docket visit the EPA information on access or services for the on-line instructions for submitting Docket Center homepage at http:// individuals with disabilities, please comments. www.epa.gov/epahome/dockets.htm. contact Susan Peterson at (202) 564– • E-mail: Send comments by Docket: All documents in the docket 1077 or [email protected]. To electronic mail (e-mail) to: are listed in the www.regulations.gov request accommodation of a disability, [email protected], Attention Docket index. Although listed in the index, please contact Susan Peterson, ID No. EPA–HQ–ORD–2007–1053. some information is not publicly preferably at least 10 days prior to the • Fax: Fax comments to: (202) 566– available, e.g., CBI or other information meeting, to give EPA as much time as 0224, Attention Docket ID No. EPA– whose disclosure is restricted by statute. possible to process your request. HQ–ORD–2007–1053. Certain other material, such as • Mail: Send comments by mail to: copyrighted material, will be publicly Dated: October 31, 2007. Board of Scientific Counselors, National available only in hard copy. Publicly Jeff Morris, Exposure Research Laboratory (NERL) available docket materials are available Acting Director, Office of Science Policy. Standing Subcommittee—2007 Docket, either electronically in [FR Doc. E7–21797 Filed 11–5–07; 8:45 am] Mailcode: 28221T, 1200 Pennsylvania www.regulations.gov or in hard copy at BILLING CODE 6560–50–P

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FARM CREDIT ADMINISTRATION mechanism (or ‘‘E-Rate Program’’). (800) 378–3160, facsimile (202) 488– Additionally, the Bureau gives notice 5563, or via e-mail http:// Farm Credit Administration Board; that debarment proceedings are www.bcpiweb.com. Regular Meeting commencing against him. Mr. Scott, or Federal Communications Commission. any person who has an existing contract AGENCY: Farm Credit Administration. Hillary S. DeNigro, with or intends to contract with him to SUMMARY: Notice is hereby given, Chief, Investigations and Hearings Division, pursuant to the Government in the provide or receive services in matters Enforcement Bureau. Sunshine Act (5 U.S.C. 552b(e)(3)), of arising out of activities associated with The suspension letter follows: or related to the schools and libraries the regular meeting of the Farm Credit support, may respond by filing an October 18, 2007 Administration Board (Board). opposition request, supported by DA 07–4336 Date and Time: The regular meeting VIA CERTIFIED MAIL RETURN RECEIPT of the Board will be held at the offices documentation to Diana Lee, Federal REQUESTED AND FACSIMILE (404–872– of the Farm Credit Administration in Communications Commission, 1622) McLean, Virginia, on November 8, 2007, Enforcement Bureau, Investigations and Mr. Arthur R. Scott, c/o Seth D. Hearings Division, Room 4–C330, 445 from 9 a.m. until such time as the Board Kirschenbaum, Esq., Davis Zipperman 12th Street, SW., Washington, DC concludes its business. Kirschenbaum & Lotito, 918 Ponce de Leon 20554. Avenue, NE., Atlanta, GA 30306–4212, E- FOR FURTHER INFORMATION CONTACT: Mail: [email protected]. DATES: Opposition requests must be Roland E. Smith, Secretary to the Farm Re: Notice of Suspension and Initiation of Credit Administration Board, (703) 883– received by December 6, 2007. However, an opposition request by the party to be Debarment Proceedings, File No. EB–07– 4009, TTY (703) 883–4056. IH–7304 suspended must be received 30 days ADDRESSES: Farm Credit from the receipt of the suspension letter Dear Mr. Scott: Administration, 1501 Farm Credit Drive, or December 6, 2007, whichever comes The Federal Communications Commission McLean, Virginia 22102–5090. (‘‘FCC’’ or ‘‘Commission’’) has received first. The Bureau will decide any notice of your conviction for conspiracy to SUPPLEMENTARY INFORMATION: This opposition request for reversal or meeting of the Board will be open to the defraud the United States and bribery in modification of suspension or violation of 18 U.S.C. 371 and 666(a)(1)(B) in public (limited space available). In order debarment within 90 days of its receipt connection with your participation in the to increase the accessibility to Board of such requests. schools and libraries universal service meetings, persons requiring assistance 1 FOR FURTHER INFORMATION CONTACT: support mechanism (‘‘E-Rate program’’). should make arrangements in advance. Diana Lee, Federal Communications Consequently, pursuant to 47 CFR 54.521, this letter constitutes official notice of your The matters to be considered at the Commission, Enforcement Bureau, meeting are: suspension from the E-Rate program. In Investigations and Hearings Division, addition, the Enforcement Bureau (‘‘Bureau’’) Open Session Room 4–C330, 445 12th Street, SW., hereby notifies you that we are commencing Washington, DC 20554. Diana Lee may debarment proceedings against you.2 A. Approval of Minutes be contacted by phone at (202) 418– I. Notice of Suspension • October 11, 2007. 0843 or e-mail at [email protected]. If Ms. Lee is unavailable, you may contact The Commission has established B. New Business procedures to prevent persons who have Ms. Vickie Robinson, Assistant Chief, • Final Rule—12 CFR Part 620— ‘‘defrauded the government or engaged in Investigations and Hearings Division, by similar acts through activities associated with Annual Report to Shareholders. telephone at (202) 418–1420 and by e- or related to the schools and libraries support C. Reports mail at [email protected]. mechanism’’ from receiving the benefits associated with that program.3 You pled • SUPPLEMENTARY INFORMATION: The Office of Management Services Bureau has suspension and debarment guilty to conspiracy to defraud the United Quarterly Report. authority pursuant to 47 CFR 54.521 States and bribery for activities in connection with your participation in the E-Rate Dated: November 2, 2007. and 47 CFR 0.111(a)(14). Suspension program.4 You admitted that while employed Roland E. Smith, will help to ensure that the party to be Secretary, Farm Credit Administration Board. suspended cannot continue to benefit 1 Any further reference in this letter to ‘‘your [FR Doc. 07–5584 Filed 11–2–07; 3:21 pm] from the schools and libraries conviction’’ refers to your May 2, 2007 guilty plea mechanism pending resolution of the and subsequent conviction of one count of BILLING CODE 6705–01–P conspiracy to defraud the United States and one debarment process. Attached is the count of bribery. United States v. Arthur R. Scott, suspension letter, DA 07–4336, which Criminal Docket No. 1:07–CR–139–CC–01, Plea FEDERAL COMMUNICATIONS was mailed to Mr. Scott and released on Agreement (N.D.Ga. filed May 2, 2007 and entered October 18, 2007. The complete text of May 7, 2007) (‘‘Scott Plea Agreement’’); United COMMISSION States v. Arthur R. Scott, 1:07–CR–139–CC–01, the notice of debarment is available for Judgment (N.D.Ga. filed and entered Oct. 2, 2007) [DA 07–4336] public inspection and copying during (‘‘Scott Judgment’’). regular business hours at the FCC 2 47 CFR 54.521; 47 CFR 0.111(a)(14) (delegating Notice of Suspension and Initiation of Reference Information Center, Portal II, to the Enforcement Bureau authority to resolve Debarment Proceedings; Schools and 445 12th Street, SW., Room CY–A257, universal service suspension and debarment Libraries Universal Service Support proceedings pursuant to 47 CFR 54.521). Washington, DC 20554, In addition, the 3 Mechanism See Schools and Libraries Universal Service complete text is available on the FCC’s Support Mechanism, Second Report and Order and AGENCY: Web site at http://www.fcc.gov. The text Further Notice of Proposed Rulemaking, 18 FCC Federal Communications Rcd 9202, 9225, ¶ 66 (2003) (‘‘Second Report and Commission. may also be purchased from the Order’’). The Commission’s debarment rules define ACTION: Notice. Commission’s duplicating inspection a ‘‘person’’ as ‘‘[a]ny individual, group of and copying during regular business individuals, corporation, partnership, association, SUMMARY: The Enforcement Bureau (the hours at the contractor, Best Copy and unit of government or legal entity, however, ‘‘Bureau’’) gives notice of Mr. Arthur R. Printing, Inc., Portal II, 445 12th Street, organized.’’ 47 CFR 54.521(a)(6). 4 See generally United States v. Arthur R. Scott Scott’s suspension from the schools and SW., Room CY-B420, Washington, DC and Evelyn Myers Scott a/k/a Evelyn M. Myers, libraries universal service support 20554, telephone (202) 488–5300 or Continued

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as Director of Operational Technology of the II. Initiation of Debarment Proceedings Enforcement Bureau, Room 4–C330, with a Atlanta Public Schools (‘‘APS’’), you Your guilty plea to criminal conduct in copy to Vickie Robinson, Assistant Chief, conspired with others, including your wife connection with the E-Rate program, in Investigations and Hearings Division, Evelyn Myers Scott (‘‘Myers Scott’’), to enter addition to serving as a basis for immediate Enforcement Bureau, Room 4–C330, Federal into an E-Rate contract on behalf of APS in suspension from the program, also serves as Communications Commission. If sent by return for payments to the consulting firm a basis for the initiation of debarment commercial overnight mail (other than U.S. owned by you and Myers Scott from the proceedings against you. Your conviction Postal Service Express Mail and Priority vendor.5 In addition, you admitted that you, falls within the categories of causes for Mail), the response should be sent to the as agent of APS, corruptly solicited, debarment defined in section 54.521(c) of the Federal Communications Commission, 9300 demanded, accepted and agreed to accept Commission’s rules.14 Therefore, pursuant to East Hampton Drive, Capitol Heights, $37,917 in order to be influenced and section 54.521(a)(4) of the Commission’s Maryland 20743. If sent by first-class, rewarded in connection with APS’s rules, your conviction requires the Bureau to Express, or Priority mail, the response should participation in the E-Rate program. The loss commence debarment proceedings against be sent to Diana Lee, Attorney Advisor, and the restitution that you owed to the E- you. Investigations and Hearings Division, Rate program resulting from the criminal As with your suspension, you may contest Enforcement Bureau, Federal offenses was $300,176.10.6 debarment or the scope of the proposed Communications Commission, 445 12th Pursuant to section 54.521(a)(4) of the debarment by filing arguments and any Street, SW., Room 4–C330, Washington, DC Commission’s rules,7 your conviction relevant documentation within 30 calendar 20554, with a copy to Vickie Robinson, requires the Bureau to suspend you from days of the earlier of the receipt of this letter Assistant Chief, Investigations and Hearings participating in any activities associated with or of publication in the Federal Register.15 Division, Enforcement Bureau, Federal Communications Commission, 445 12th or related to the schools and libraries fund Absent extraordinary circumstances, the Street, SW., Room 4–C330, Washington, DC mechanism, including the receipt of funds or Bureau will debar you.16 Within 90 days of 20554. You shall also transmit a copy of the discounted services through the schools and receipt of any opposition to your suspension response via e-mail to [email protected] and libraries fund mechanism, or consulting and proposed debarment, the Bureau, in the to [email protected]. with, assisting, or advising applicants or absence of extraordinary circumstances, will provide you with notice of its decision to If you have any questions, please contact service providers regarding the schools and Ms. Lee via mail, by telephone at (202) 418– 8 debar.17 If the Bureau decides to debar you, libraries support mechanism. Your 1420 or by e-mail at [email protected]. If Ms. suspension becomes effective upon the its decision will become effective upon the earlier of your receipt of a debarment notice Lee is unavailable, you may contact Ms. earlier of your receipt of this letter or Vickie Robinson, Assistant Chief, publication of notice in the Federal or publication of the decision in the Federal 18 Investigations and Hearings Division, by Register.9 Register. If and when your debarment becomes telephone at (202) 418–1420 and by e-mail at Suspension is immediate pending the [email protected]. Bureau’s final debarment determination. In effective, you will be prohibited from Sincerely yours, accordance with the Commission’s participating in activities associated with or debarment rules, you may contest this related to the schools and libraries support Hillary S. DeNigro, mechanism for three years from the date of suspension or the scope of this suspension by Chief, Investigations and Hearings Division, debarment.19 The Bureau may, if necessary to filing arguments in opposition to the Enforcement Bureau. protect the public interest, extend the suspension, with any relevant cc: Kristy Carroll, Esq., Universal Service debarment period.20 documentation. Your request must be Administrative Company (via e-mail) Aaron Please direct any response, if by messenger received within 30 days after you receive this M. Danzig, Esq., Assistant United States or hand delivery, to Marlene H. Dortch, Attorney letter or after notice is published in the Secretary, Federal Communications Federal Register, whichever comes first.10 Commission, 236 Massachusetts Avenue, [FR Doc. E7–21750 Filed 11–5–07; 8:45 am] Such requests, however, will not ordinarily NE., Suite 110, Washington, DC 20002, to the 11 BILLING CODE 6712–01–P be granted. The Bureau may reverse or attention of Diana Lee, Attorney Advisor, limit the scope of suspension only upon a Investigations and Hearings Division, finding of extraordinary circumstances.12 FEDERAL COMMUNICATIONS Absent extraordinary circumstances, the 14 ‘‘Causes for suspension and debarment are the Bureau will decide any request for reversal conviction of or civil judgment for attempt or COMMISSION or modification of suspension within 90 days commission of criminal fraud, theft, embezzlement, of its receipt of such request.13 forgery, bribery, falsification or destruction of Performance Review Board records, making false statements, receiving stolen property, making false claims, obstruction of justice As required by the Civil Service Criminal Docket No. 1:07–CR–139, Information and other fraud or criminal offense arising out of (N.D.Ga.. filed Apr. 30, 2007 and entered May 3, Reform Act of 1978 (Pub. L. 95–454), activities associated with or related to the schools Chairman Kevin J. Martin appointed the 2007) (‘‘ Scott and Myers Scott Information’’); Scott and libraries support mechanism.’’ 47 CFR Plea Agreement at 1. 54.521(c). Such activities ‘‘include the receipt of following executives to the Performance 5 Scott and Myers Scott Information at 1–9. See funds or discounted services through the schools Review Board (PRB): Dana Shaffer, also Letter from Hillary S. DeNigro, Chief, and libraries support mechanism, or consulting Michelle Carey, and Monica Desai. Investigations and Hearings Division, Enforcement with, assisting, or advising applicants or service Bureau, to Evelyn M. Scott, DA 07–4335, dated providers regarding schools and libraries support Federal Communications Commission. October 18, 2007. mechanism described in this section ([47 CFR] Marlene H. Dortch, 6 See Scott Judgment at 5; see also Scott Plea 54.500 et seq.).’’ 47 CFR 54.521(a)(1). Secretary. Agreement at 4. 15 See Second Report and Order, 18 FCC Rcd at 7 47 CFR 54.521(a)(4). See Second Report and 9226, ¶ 70; 47 CFR 54.521(e)(2)(i), 54.521(e)(3). [FR Doc. E7–21794 Filed 11–5–07; 8:45 am] Order, 18 FCC Rcd at 9225–9227, ¶¶67–74 (2003). 16 Second Report and Order, 18 FCC Rcd at 9227, BILLING CODE 6712–01–P 8 Second Report and Order, 18 FCC Rcd at 9225, ¶ 74. ¶ 67; 47 U.S.C. 254; 47 CFR 54.502–54.503; 47 CFR 17 See id., 18 FCC Rcd at 9226, ¶ 70; 47 CFR 54.521(a)(4). 54.521(e)(5). 9 Second Report and Order, 18 FCC Rcd at 9226, 18 Id. The Commission may reverse a debarment, FEDERAL ELECTION COMMISSION ¶ 69; 47 CFR 54.521(e)(1). or may limit the scope or period of debarment upon [Notice 2007–22] 10 Second Report and Order, 18 FCC Rcd at 9226, a finding of extraordinary circumstances, following ¶ 70; 47 CFR 54.521(e)(4). the filing of a petition by you or an interested party 11 Second Report and Order, 18 FCC Rcd at 9226, or upon motion by the Commission. 47 CFR Filing Dates for the Virginia Special ¶ 70. 54.521(f). Election in the 1st Congressional 12 47 CFR 54.521(e)(5). 19 Second Report and Order, 18 FCC Rcd at 9225, District 13 See Second Report and Order, 18 FCC Rcd at ¶ 67; 47 CFR 54.521(d), 54.521(g). 9226, ¶ 70; 47 CFR 54.521(e)(5), 54.521(f). 20 Id. AGENCY: Federal Election Commission.

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ACTION: Notice of filing dates for special SUPPLEMENTARY INFORMATION: expenditures in connection with the election. Principal Campaign Committees Virginia Special General Election by the close of books for the applicable SUMMARY: Virginia has scheduled a All principal campaign committees of report(s). (See chart below for the special general election on December candidates who participate in the closing date for each report). 11, 2007, to fill the U.S. House of Virginia Special General Election shall Representatives seat in the First file a 12-day Pre-General Report on Committees filing monthly that Congressional District vacated by the November 29, 2007; and a consolidated support candidates in the Virginia late Representative Jo Ann Davis. 30-day Post-General and Year-End Special General Election must continue Committees participating in the Report on January 10, 2008. (See chart to file according to the monthly Virginia Special General Election on below for the closing date for each reporting schedule. December 11, 2007, shall file a 12-day report). Additional disclosure information in Pre-General Report, and a 30-day Post- connection with the Virginia Special General Report. Unauthorized Committees (PACs and Election may be found on the FEC Web FOR FURTHER INFORMATION CONTACT: Mr. Party Committees) site at http://www.fec.gov/info/ Kevin R. Salley, Information Division, Political committees filing on a report_dates.shtml. 999 E Street, NW., Washington, DC semiannual basis in 2007 are subject to 20463; Telephone: (202) 694–1100; Toll special election reporting if they make Free (800) 424–9530. previously undisclosed contributions or

CALENDAR OF REPORTING DATES FOR VIRGINIA SPECIAL ELECTION [Committees Involved in the Special General (12/11/07), Must File]

Reg./Cert. & Close of Report Overnight Filing deadline books 1 mailing deadline

Pre-General ...... 11/21/07 11/26/07 11/29/07 Post-General & Year-End 2 ...... 12/31/07 01/10/08 01/10/08 1 The period begins with the close of books of the last report filed by the committee. If the committee has filed no previous reports, the period begins with the date of the committee’s first activity. 2 Committees must file a consolidated Post-General and Year-End Report by the filing date of the Post-General Report.

Dated: November 1, 2007. President) 925 Grand Avenue, Kansas the power to vote shares of a bank or David M. Mason, City, Missouri 64198–0001: bank holding company and all of the Vice Chairman, Federal Election Commission. 1. The 2007 Voting Trust Agreement, banks and nonbanking companies [FR Doc. E7–21819 Filed 11–5–07; 8:45 am] and its trustees, Albert Charles Kelly, Jr. owned by the bank holding company, BILLING CODE 6715–01–P and Peter John Kelly, both of Bristow, including the companies listed below. Oklahoma; Shawn Trevor Kelly, The applications listed below, as well Edmond, Oklahoma; Paul Harrison as other related filings required by the Board, are available for immediate FEDERAL RESERVE SYSTEM Cornell, Tulsa, Oklahoma; and Allison Asbury Kelly, Okemah, Oklahoma, all to inspection at the Federal Reserve Bank Change in Bank Control Notices; acquire voting shares of Citizens indicated. The application also will be Acquisition of Shares of Bank or Bank Bankshares, Inc., and thereby indirectly available for inspection at the offices of Holding Companies acquire voting shares of Citizens State the Board of Governors. Interested Bank, both of Okemah, Oklahoma. persons may express their views in The notificants listed below have Board of Governors of the Federal Reserve writing on the standards enumerated in applied under the Change in Bank System, November 1, 2007. the BHC Act (12 U.S.C. 1842(c)). If the Control Act (12 U.S.C. 1817(j)) and Robert deV. Frierson, proposal also involves the acquisition of § 225.41 of the Board’s Regulation Y (12 a nonbanking company, the review also Deputy Secretary of the Board. CFR 225.41) to acquire a bank or bank includes whether the acquisition of the holding company. The factors that are [FR Doc. E7–21752 Filed 11–5–07; 8:45 am] nonbanking company complies with the considered in acting on the notices are BILLING CODE 6210–01–S standards in section 4 of the BHC Act set forth in paragraph 7 of the Act (12 (12 U.S.C. 1843). Unless otherwise U.S.C. 1817(j)(7)). FEDERAL RESERVE SYSTEM noted, nonbanking activities will be The notices are available for conducted throughout the United States. immediate inspection at the Federal Formations of, Acquisitions by, and Additional information on all bank Reserve Bank indicated. The notices Mergers of Bank Holding Companies holding companies may be obtained also will be available for inspection at from the National Information Center the office of the Board of Governors. The companies listed in this notice website at www.ffiec.gov/nic/. Interested persons may express their have applied to the Board for approval, Unless otherwise noted, comments views in writing to the Reserve Bank pursuant to the Bank Holding Company regarding each of these applications indicated for that notice or to the offices Act of 1956 (12 U.S.C. 1841 et seq.) must be received at the Reserve Bank of the Board of Governors. Comments (BHC Act), Regulation Y (12 CFR Part indicated or the offices of the Board of must be received not later than 225), and all other applicable statutes Governors not later than November 30, November 21, 2007. and regulations to become a bank 2007. A. Federal Reserve Bank of Kansas holding company and/or to acquire the A. Federal Reserve Bank of San City (Todd Offenbacker, Assistant Vice assets or the ownership of, control of, or Francisco (Tracy Basinger, Director,

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Regional and Community Bank Group) private sector entities. In March 2007, e-mailing Dr. Fomous at 101 Market Street, San Francisco, the Office of the Secretary of HHS [email protected]. California 94105–1579: outlined a specific charge to SACGHS to SACGHS would welcome comments 1. Palomar Enterprises, LLC; to focus the Committee’s inquiry. The on any aspect of the report. In become a bank holding company by charge reads as follows: particular, SACGHS would appreciate acquiring 18.3 percent of the voting Undertake the development of a input on whether the draft report: (1) shares of Farmers & Merchants Bank of comprehensive map of the steps needed for Fully responds to questions posed by Long Beach, both of Long Beach, evidence development and oversight for the HHS Secretary; (2) proposes California. genetic and genomic tests, with improvement appropriate remedies to close gaps in Board of Governors of the Federal Reserve of health quality as the primary goal. the current system; and (3) adequately System, November 1, 2007. Consider and address the following anticipates future developments in the questions: Robert deV. Frierson, field of genetics/genomics that may bear • What evidence of harm exists regarding Deputy Secretary of the Board. genetic tests? Is that harm attributable to on the oversight of genetic testing. In [FR Doc. E7–21753 Filed 11–5–07; 8:45 am] analytic validity, clinical validity, or clinical addition to submitting written BILLING CODE 6210–01–S utility of the tests? If evidence does not exist, comments, the public will have an what threats are not currently being opportunity at the SACGHS meeting on addressed? What public health benefits are November 19–20, 2007 to provide not accruing as quickly as they might? DEPARTMENT OF HEALTH AND testimony on this topic. The meeting is • What distinguishes genetic tests from being held at the Ronald Reagan HUMAN SERVICES other laboratory tests for oversight purposes? • Building, Washington, DC (see http:// What are the existing pathways that www4.od.nih.gov/oba/SACGHS/ Secretary’s Advisory Committee on examine the analytic validity, clinical Genetics, Health, and Society validity, and clinical utility of genetic tests? SACGhsMTGIndex.HTM for a meeting Consider the use of case studies. agenda). All comments received by AGENCY: Office of the Secretary, HHS. • What organizations are currently December 21, 2007 will be considered ACTION: Request for public comment on involved with each of these aspects, and by SACGHS in preparing its final draft a draft report on the oversight of genetic what are they doing to address these issues? report. Public comments will be testing. Who should be responsible for each of these available for public inspection at the aspects? NIH Office of Biotechnology Activities SUMMARY: The Secretary’s Advisory • What resources (e.g., standards reagents/ Monday through Friday between the Committee on Genetics, Health, and materials) are needed to develop proficiency hours of 8:30 a.m. and 5 p.m. Society (SACGHS) is requesting public testing kits or protocols for genetic tests? comment on a draft report on the What is currently available in terms of Dated: October 29, 2007. oversight of genetic testing. proficiency testing kits or protocols for Sarah Carr, genetic tests? What information is provided DATES: Written or electronic comments Executive Secretary, SACGHS. by proficiency testing? Is the current level of should be submitted between November proficiency testing for genetic tests adequate [FR Doc. E7–21755 Filed 11–5–07; 8:45 am] 5, 2007 and December 21, 2007. and are the results of such laboratory BILLING CODE 4140–01–P ADDRESSES: Comments should be performance assessments sufficiently e-mailed to SACGHS in care of Cathy transparent? Fomous, PhD, at [email protected]. • What are the potential pathways to DEPARTMENT OF HEALTH AND Comments can also be mailed or faxed communicate clear information to guide test HUMAN SERVICES and treatment selection by the provider? to Dr. Fomous’s attention at the NIH • Office of Biotechnology Activities, 6705 What new approaches or models should Administration for Children and be considered for private and public-private Families Rockledge Drive, Suite 700, Bethesda, sector engagement in demonstrating clinical MD, 20892 or fax number 301–496– validity and clinical utility for developing Submission for OMB Review; 9839. effectiveness measures of genetic tests in Comment Request FOR FURTHER INFORMATION CONTACT: clinical practice? • Cathy Fomous, PhD, NIH Office of Would additional or revised Government Title: OCSE–100, State Plan Preprint Biotechnology Activities, at oversight add value for patients, and if so, Page; OCSE–21–U4, State Plan how and where? [email protected] or 6705 Rockledge Transmittal. Drive, Suite 700, Bethesda, MD 20892, SACGHS organized a task force to OMB No.: 0970–0017. 301–496–9838. explore the questions outlined in the Description: Section 7310 of the SUPPLEMENTARY INFORMATION: The Secretary’s charge and gather facts and Deficit Reduction Act of 2005, titled, Department of Health and Human perspectives on how best to address Mandatory Fee for Successful Child Services (HHS) established SACGHS to them. With the help of the task force, Support Collection for a Family That serve as a public forum for deliberations SACGHS drafted a report that addresses Has Never Received TANF, amends on the broad range of policy issues the issues and offers a number of Section 454(6) of the Social Security Act raised by the development and use of recommendations for enhancing the (the Act) such that a State child support genetic technologies and, as warranted, oversight of genetic testing in the U.S. plan must provide for the imposition of to provide advice on these issues. For A copy of the draft report, U.S. System an annual fee of $25 in each case in more information about the Committee, of Oversight of Genetic Testing: A which an individual has never received please visit the Web site: http:// Response to the Charge of the Secretary assistance under a State program funded www4.od.nih.gov/oba/sacghs.htm. of HHS, will be available from under title IV–A of the Act and for In 2004, SACGHS recognized that November 5, 2007 to December 21, 2007 whom the State has collected at least oversight of genetic testing was a high- at http://www4.od.nih.gov/oba/sacghs/ $500 of support. States will need to priority issue that required ongoing public_comments.htm. A paper or submit the new State plan preprint monitoring. In 2006, SACGHS began an electronic copy also can be obtained page, i.e., page 2.5–4, as well as a in-depth fact-finding process on the through the NIH Office of Biotechnology transmittal for the preprint page, in oversight roles of Federal, State, and Activities at 301–496–9838 or by order to have an approved State plan.

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The 60-day notice for this because of the October 1, 2006, effective published prior to the publication of the requirement was originally published in date for the mandate that States final rule. the Notice of Proposed Rulemaking implement and collect a $25 annual fee Respondents: State IV-D agencies. (NPRM) in the Federal Register on in specified cases, the second notice for January 24, 2007 (72 FR 3093); however, the State plan preprint page must be

ANNUAL BURDEN ESTIMATES

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

State Plan (OCSE–100) ...... 54 1 .25 13.5 State Plan Transmittal (OCSE–21–U4) ...... 54 1 .25 13.5

Estimated Total Annual Burden Dated: October 30, 2007. are required by Section 412(h) of the Hours: 27. Robert Sargis, Social Security Act to report financial Additional Information: Copies of the Reports Clearance Officer. data. Form ACF–196T provides for the proposed collection may be obtained by [FR Doc. 07–5487 Filed 11–5–07; 8:45 am] collection of data regarding Federal writing to the Administration for BILLING CODE 4184–01–M expenditures. Failure to collect this data Children and Families, Office of would seriously compromise the Administration, Office of Information Administration for Children and Services, 370 L’Enfant Promenade, SW., DEPARTMENT OF HEALTH AND Families’ (ACF) ability to monitor Washington, DC 20447, Attn: ACF HUMAN SERVICES expenditures. This information is also Reports Clearance Officer. All requests used to estimate outlays and may be should be identified by the title of the Administration for Children and used to prepare ACF budget information collection. E-mail address: Families submissions to Congress. Financial [email protected]. management of the program would be OMB Comment: OMB is required to Submission for OMB Review; seriously compromised if the make a decision concerning the Comment Request expenditure data were not collected. collection of information between 30 and 60 days after publication of this Title: Tribal TANF (Temporary 45 CFR Part 286 Subpart E requires document in the Federal Register. Assistance for Needy Families) the strictest controls on funding Therefore, a comment is best assured of Financial Report, Form ACF–196T. requirements, which necessities review having its full effect if OMB receives it OMB No. New Collection. of documentation in support of Tribal within 30 days of publication. Written Description: Tribes use Form ACF– expenditures for reimbursement. comments and recommendations for the 196T to report expenditures for the Comments received from previous proposed information collection should Tribal TANF grant. Authority to collect efforts to implement a similar Tribal be sent directly to the following: and report this information is found in TANF report Form ACF–196T were Office of Management and Budget, the Personal Responsibility and Work used to guide ACF in the development Paperwork Reduction Project, Fax: 202– Opportunity Reconciliation Act of 1996 of the product presented with this 395–6974, Attn: Desk Officer for the (PRWORA), Public Law 104–193. Tribal submittal. Administration for Children and entities with approved Tribal plans for Respondents: All Tribal TANF Families. implementation of the TANF program Agencies

ANNUAL BURDEN ESTIMATES

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

ACF–196T ...... 56 4 8 1,792

Estimated Total Annual Burden collection of information between 30 Dated: October 30, 2007. Hours: 1,792. and 60 days after publication of this Robert Sargis, Additional Information: Copies of the document in the Federal Register. Reports Clearance Officer. proposed collection may be obtained by Therefore, a comment is best assured of [FR Doc. 07–5488 Filed 11–5–07; 8:45 am] writing to the Administration for having its full effect if OMB receives it BILLING CODE 4184–01–M Children and Families, Office of within 30 days of publication. Written Administration, Office of Information comments and recommendations for the Services, 370 L’Enfant Promenade, SW., proposed information collection should Washington, DC 20447, Attn: ACF be sent directly to the following: Reports Clearance Officer. All requests should be identified by the title of the Office of Management and Budget, information collection. E-mail address: Paperwork Reduction Project, Fax: 202– [email protected]. 395–6974, Attn: Desk Officer for the OMB Comment: OMB is required to Administration for Children and make a decision concerning the Families.

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DEPARTMENT OF HEALTH AND for LIHEAP REACH funds must submit energy assistance to individuals who are HUMAN SERVICES an annual application prior to receiving most in need. Federal funds. The Human Services The REACH Model Plan clarifies the Administration for Children and Amendments of 1994 (Pub. L. 103–252) information being requested and Families amended the LIHEAP statute to add ensures the submission of all the Section 2607B, which established the information required by statute. The Proposed Information Collection form facilitates our response to Activity; Comment Request REACH Program. REACH was funded for the first time in FY 1996 and is numerous queries each year concerning Proposed Projects: intended to: (1) Minimize health and the information that should be included Title: Application Requirements for safety risks that result from high energy in the REACH application. Submission the Low Income Home Energy burdens on low-income Americans; (2) of a REACH application and use of the Assistance Program (LIHEAP) reduce home energy vulnerability and REACH Model Plan is voluntary. Grantees have the option to use another Residential Energy Assistance Challenge prevent homelessness as a result of the format. Program (REACH) Model Plan. inability to pay energy bills; (3) increase OMB No. New Collection. Respondents: State Governments, the efficiency of energy usage by low- Description: States, including the Tribal governments, Insular Areas, the District of Columbia, Tribes, Tribal income families, helping them achieve District of Columbia, and the organizations and Territories applying energy self-sufficiency; and (4) target Commonwealth of Puerto Rico.

ANNUAL BURDEN ESTIMATES

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

REACH Model Plan ...... 51 1 72 3,672

Estimated Total Annual Burden collection of information on direction to the States and Territories to Hours: 3,672. respondents, including through the use accomplish the purposes of assisting In compliance with the requirements of automated collection techniques or States in developing, establishing and of Section 356(c)(2)(A) of the Paperwork other forms of information technology. operating programs designed to Reduction Act of 1995, the Consideration will be given to improve: (1) The handling of child Administration for Children and comments and suggestions submitted abuse and neglect cases, particularly Families is soliciting public comment within 60 days of this publication. child sexual abuse and exploitation, in on the specific aspects of the Dated: October 30, 2007. a manner that limits additional trauma information collection described above. Robert Sargis, to the child victim; (2) the handling of Copies of the proposed collection of cases of suspected child abuse or Reports Clearance Officer. information can be obtained and neglect-related fatalities; (3) the comments may be forwarded by writing [FR Doc. 07–5489 Filed 11–1–07; 8:45 am] investigation and prosecution of cases of to the Administration for Children and BILLING CODE 4184–01–M child abuse and neglect, particularly Families, Office of Administration, child sexual abuse and exploitation; and Office of Information Services, 370 (4) the handling of cases involving DEPARTMENT OF HEALTH AND L’Enfant Promenade, SW., Washington, children with disabilities or serious HUMAN SERVICES DC 20447, Attn: ACF Reports Clearance health-related problems who are victims Officer. E-mail address: Administration for Children and of abuse and neglect. This Program [email protected]. All requests Families Instruction contains information should be identified by the title of the collection requirements that are found information. Proposed Information Collection in Pub. L. 108–36 at Sections 107(b) and The Department specifically requests Activity; Comment Request 107(d), and pursuant to receiving a grant comments on: (a) Whether the proposed award. The information being collected collection of information is necessary Proposed Projects: is required by statute to be submitted for the proper performance of the Title: Children’s Justice Act Program pursuant to receiving a grant award. The functions of the agency, including (CJA). information submitted will be used by whether the information shall have OMB No.: 0980–0196. the agency to ensure compliance with practical utility; (b) the accuracy of the Description: The Program Instruction, the statute; to monitor, evaluate and agency’s estimate of the burden of the prepared in response to the enactment measure grantee achievements in proposed collection of information; (c) of the Children’s Justice Act (CJA), as set addressing the investigation and the quality, utility, and clarity of the forth in Title II of Public Law 108–36, prosecution of child abuse and neglect; information to be collected; and (d) Child Abuse Prevention and Treatment and to report to Congress. ways to minimize the burden of the Act Amendments of 2003, provides Respondents: State Governments.

ANNUAL BURDEN ESTIMATES

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

Application ...... 52 1 40 2,080

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ANNUAL BURDEN ESTIMATES—Continued

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

Annual Report ...... 52 1 20 1,040

Estimated Total Annual Burden respondents, including through the use is eligible to apply for either or both of Hours: 3,120. of automated collection techniques or the new grants. The new grants are for In compliance with the requirements other forms of information technology. the purposes of: (1) Ensuring that the of Section 3506(c)(2)(A) of the Consideration will be given to needs of children are met in a timely Paperwork Reduction Act of 1995, the comments and suggestions submitted and complete manner through improved Administration for Children and within 60 days of this publication. case tracking and analysis of child Families is soliciting public comment Dated: October 30, 2007. welfare cases; and (2) training judges, on the specific aspects of the Robert Sargis, attorneys, and other legal personnel in child welfare cases; and conducting information collection described above. Reports Clearance Officer. cross-training with child welfare agency Copies of the proposed collection of [FR Doc. 07–5490 Filed 11–1–07; 8:45 am] information can be obtained and staff and contractors. BILLING CODE 4184–01–M comments may be forwarded by writing The statute requires separate to the Administration for Children and applications for these two new grants. Families, Office of Administration, DEPARTMENT OF HEALTH AND The annual burden estimates below Office of Information Services, 370 HUMAN SERVICES describe the estimated burden for the L’Enfant Promenade, SW., Washington, two new grants. ACF collects DC 20447, Attn: ACF Reports Clearance Administration for Children and information from the States about their Officer. E-mail address: Families work under these grants (applications, [email protected]. All requests program reports) by way of a Program should be identified by the title of the Proposed Information Collection Instruction issued on June 15, 2006. information collection. Activity; Comment Request This Program Instruction describes The Department specifically requests Proposed Projects: the programmatic and fiscal provisions comments on: (a) Whether the proposed Title: Court Improvement Program and reporting requirements for each of collection of information is necessary New Grants. the grants, specifies the application for the proper performance of the OMB No. 0970–0307. submittal and approval procedures for functions of the agency, including Description: The President signed the the grants for fiscal years 2006 through whether the information shall have Deficit Reduction Act of 2005, Public 2010, and identifies technical resources practical utility; (b) the accuracy of the Law 109–171, into law on February 8, for use by State courts during the course agency’s estimate of the burden of the 2006. The law authorizes and of the grants. The agency uses the proposed collection of information; (c) appropriates funds for two new grants information received to ensure the quality, utility, and clarity of the under the Court Improvement Program compliance with the statute and provide information to be collected; and (d) in title IV–B, section 438 of the Social training and technical assistance to the ways to minimize the burden of the Security Act. The highest State court in grantees. collection of information on a State with an approved title IV–E plan Respondents: State Courts.

ANNUAL BURDEN ESTIMATES

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

Application ...... 52 2 40 4,160 Annual Program Report ...... 52 2 36 3,744

Estimated Total Annual Burden L’Enfant Promenade, SW., Washington, the quality, utility, and clarity of the Hours: 7904. DC 20447, Attn: ACF Reports Clearance information to be collected; and (d) In compliance with the requirements Officer. E-mail address: ways to minimize the burden of the of Section 3506(c)(2)(A) of the [email protected]. All requests collection of information on Paperwork Reduction Act of 1995, the should be identified by the title of the respondents, including through the use Administration for Children and information collection. of automated collection techniques or Families is soliciting public comment The Department specifically requests other forms of information technology. on the specific aspects of the comments on: (a) Whether the proposed Consideration will be given to information collection described above. collection of information is necessary comments and suggestions submitted Copies of the proposed collection of for the proper performance of the within 60 days of this publication. information can be obtained and functions of the agency, including comments may be forwarded by writing whether the information shall have to the Administration for Children and practical utility; (b) the accuracy of the Families, Office of Administration, agency’s estimate of the burden of the Office of Information Services, 370 proposed collection of information; (c)

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Dated: October 30, 2007. Description: The Program Instruction, reduce the incidence of child abuse and Robert Sargis, prepared in response to the enactment neglect; and (2) fostering an Reports Clearance Officer. of the Community-Based Grants for the understanding, appreciation, and [FR Doc. 07–5491 Filed 11–1–07; 8:45 am] Prevention of Child Abuse and Neglect knowledge of diverse populations in BILLING CODE 4184–01–M (administratively known as the order to be effective in preventing and Community-Based Child Abuse treating child abuse and neglect. This Prevention Program (CBCAP)), as set Program Instruction contains DEPARTMENT OF HEALTH AND forth in Title II of Public Law 108–36, information collection requirements that HUMAN SERVICES Child Abuse Prevention and Treatment are found in Public Law 108–36 at Act Amendments of 2003, provides Sections 201, 202, 203, 205, 206, 207, Administration for Children and direction to the States and Territories to and pursuant to receiving a grant award. Families accomplish the purposes of (1) The information submitted will be used supporting community-based efforts to by the agency to ensure compliance Proposed Information Collection develop, operate, expand, and where Activity; Comment Request appropriate to network, initiatives with the statute, complete the calculation of the grant award Proposed Projects: aimed at the prevention of child abuse Title: Community-Based Child Abuse and neglect, and to support networks of entitlement, and provide training and Prevention Program (CBCAP). coordinated resources and activities to technical assistance to the grantee. OMB No.: 0970–0155. better strengthen and support families to Respondents: State Governments.

ANNUAL BURDEN ESTIMATES

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

Application ...... 52 1 40 2,080 Annual Report ...... 52 1 24 1,248

Estimated Total Annual Burden the quality, utility, and clarity of the OMB No.: 0970–0085. Hours: 3,328. information to be collected; and (d) Description: Public Law 104–193, the In compliance with the requirements ways to minimize the burden of the Personal Responsibility and Work of Section 3506(c)(2)(A) of the collection of information on Opportunity Reconciliation Act of 1996, respondents, including through the use Paperwork Reduction Act of 1995, the amended 42 USC 666 to require State of automated collection techniques or Administration for Children and and Territory Child Support Families is soliciting public comment other forms of information technology. Consideration will be given to Enforcement (CSE) IV–D agencies to on the specific aspects of the enact the Uniform Interstate Family information collection described above. comments and suggestions submitted within 60 days of this publication. Support Act (UIFSA) into State and Copies of the proposed collection of Territory law by January 1, 1998. information can be obtained and Dated: October 30, 2007. Section 311(b) of UIFSA requires States comments may be forwarded by writing Bob Sargis, and Territories to use standard interstate to the Administration for Children and Reports Clearance Officer. forms. 45 CFR 303.7 also requires CSE Families, Office of Information Services, [FR Doc. 07–5492 Filed 11–5–07; 8:45 am] IV–D agencies to transmit child support 370 L’Enfant Promenade, SW., BILLING CODE 4184–01–M case information on standard interstate Washington, DC 20447, Attn: ACF forms when referring cases to other Reports Clearance Officer. All requests States and Territories for processing. should be identified by the title of the DEPARTMENT OF HEALTH AND These forms are expiring in January information collection. HUMAN SERVICES 2008 and the Administration for The Department specifically requests Children and Families is taking this comments on: (a) Whether the proposed Administration for Children and opportunity to make some revisions as collection of information is necessary Families for the proper performance of the requested by States and Territories Submission for OMB Review; functions of the agency, including during the 60–day comment period. Comment Request whether the information shall have Respondents: State and Territory practical utility; (b) the accuracy of the Title: Provision of Services in agencies administering the Child agency’s estimate of the burden of the Interstate Child Support Enforcement: Support Enforcement program under proposed collection of information; (c) Standard Forms. title IV–D of the Social Security Act.

ANNUAL BURDEN ESTIMATES

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

Transmittal 1 ...... 54 19,278 .25 260,253 Transmittal 2 ...... 54 14,458 .08 62,459 Transmittal 3 ...... 54 964 .08 4,164 Uniform Petition ...... 54 9,639 .08 41,640 General Testimony ...... 54 11,567 .33 206,124

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ANNUAL BURDEN ESTIMATES—Continued

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

Affidavit-Paternity ...... 54 4,819 .17 44,238 Locate Data Sheet ...... 54 375 .08 1,620 Notice of Controlling Order ...... 54 964 .08 4,164 Registration Statement ...... 54 8,675 .08 37,476

Estimated Total Annual Burden 395–6974, Attn: Desk Officer for the administer and operate a TANF program Hours: 662,138. Administration for Children and to submit a TANF Tribal Plan. The Additional Information: Copies of the Families. TANF Tribal Plan is a mandatory proposed collection may be obtained by Dated: October 30, 2007. statement submitted to the Secretary by writing to the Administration for Robert Sargis, the Indian Tribe, which consists of an Children and Families, Office of outline of how the Indian Tribe’s TANF Reports Clearance Officer. Administration, Office of Information program will be administered and Services, 370 L’Enfant Promenade, SW., [FR Doc. 07–5493 Filed 11–5–07; 8:45 am] operated. It is used by the Secretary to Washington, DC 20447, Attn: ACF BILLING CODE 4184–01–M determine whether the plan is Reports Clearance Officer. All requests approvable and to determine that the should be identified by the title of the Indian Tribe is eligible to receive a DEPARTMENT OF HEALTH AND information collection. E-mail address: TANF assistance grant. It is also made HUMAN SERVICES [email protected]. available to the public. OMB Comment: OMB is required to make a decision concerning the Administration for Children and The Administration for Children and collection of information between 30 Families Families (ACF) is proposing to revise and 60 days after publication of this the guidance by adding a certification Submission for OMB Review; page and is requesting additional details document in the Federal Register. Comment Request Therefore, a comment is best assured of regarding economic development. ACF having its full effect if OMB receives it Title: Guidance for the Tribal expects the additional information to within 30 days of publication. Written Temporary Assistance for Needy add an estimated eight burden hours to comments and recommendations for the Families (TANF) Program. each Indian Tribe’s submission. This is proposed information collection should OMB No.: 0970–0157. reflected in the annual burden estimates be sent directly to the following: Description: 42 U.S.C. 612 (Section shown below. Office of Management and Budget, 412 of the Social Security Act) requires Respondents: Indian Tribes applying Paperwork Reduction Project, Fas: 202– each Indian Tribe that elects to to operate a TANF program.

ANNUAL BURDEN ESTIMATES

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

Request for State Data Needed to Determine the Amount of a Tribal Family Assistance Grant ...... 20 1 68 1,360

Estimated Total Annual Burden comments and recommendations for the DEPARTMENT OF HEALTH AND Hours: 1,360. proposed information collection should HUMAN SERVICES Additional Information: Copies of the be sent directly to the following: Administration for Children and proposed collection may be obtained by Office of Management and Budget, Families writing to the Administration for Paperwork Reduction Project, Fax: 202– Children and Families, Office of 395–6974, Attn: Desk Officer for the Administration, Office of Information Proposed Information Collection Administration for Children and Services, 370 L’Enfant Promenade, SW., Activity; Comment Request Families. Washington, DC 20447, Attn: ACF Proposed Projects: Reports Clearance Officer. All requests Dated: October 30, 2007. Title: Project 1099. should be identified by the title of the Robert Sargis, OMB No.: 0970–0183. information collection. E-mail address: Reports Clearance Officer. Description: A voluntary program [email protected]. [FR Doc. 07–5494 Filed 11–5–07; 8:45 am] which provides State Child Support OMB Comment: OMB is required to Enforcement agencies, upon their BILLING CODE 4184–01–M make a decision concerning the request, access to the earned and collection of information between 30 unearned income information reported and 60 days after publication of this to IRS by employers and financial document in the Federal Register. institutions. The IRS 1099 information Therefore, a comment is best assured of is used to locate noncustodial parents having its full effect if OMB receives it and to verify income and employment. within 30 days of publication. Written Respondents: State IV–D programs.

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ANNUAL BURDEN ESTIMATES

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

1099 Record Specifications ...... 54 12 1.96 1,270 IRS Safeguarding Certification Letter ...... 54 1 .48 26

Estimated Total Annual Burden information to be collected; and (d) report certain information to HHS Hours: 1,296. ways to minimize the burden of the concerning funds forwarded and funds In compliance with the requirements collection of information on subject to reallotment. The 1994 of Section 3506(c)(2)(A) of the respondents, including through the use reauthorization of the LIHEAP statute, Paperwork Reduction Act of 1995, the of automated collection techniques or the Human Service Amendments of Administration for Children and other forms of information technology. 1994 (Pub. L. 103–252), requires that the Families is soliciting public comment Consideration will be given to Carryover and Reallotment Report for on the specific aspects of the comments and suggestions submitted one fiscal year be submitted to HHS by information collection described above. within 60 days of this publication. the grantee before the allotment for the Copies of the proposed collection of Dated: October 30, 2007. next fiscal year may be awarded. information can be obtained and Robert Sargis, The Administration for Children and comments may be forwarded by writing Families is requesting no changes in the Reports Clearance Officer. to the Administration for Children and collection of data with the Carryover Families, Office of Administration, [FR Doc. 07–5495 Filed 11–5–07; 8:45 am] and Reallotment Report for FY 2007, a Office of Information Services, 370 BILLING CODE 4184–01–M form for the collection of data, and the L’Enfant Promenade, SW., Washington, Simplified Instructions for Timely DC 20447, Attn: ACF Reports Clearance Obligations of FY 2007 LIHEAP Funds DEPARTMENT OF HEALTH AND Officer. E-mail address: and Reporting Funds for Carryover and HUMAN SERVICES [email protected]. All requests Reallotment. The form clarifies the should be identified by the title of the Administration for Children and information being requested and information collection. Families ensures the submission of all the The Department specifically request required information. The form comments on: (a) Whether the proposed Submission for OMB Review; facilitates our response to numerous collection of information is necessary Comment Request queries each year concerning the for the proper performance of the amounts of obligated funds. Use of the functions of the agency, including Title: Low Income Home Energy form is voluntary. Grantees have the whether the information shall have Assistance Program (LIHEAP) Carryover option to use another format. practical utility; (b) the accuracy of the and Reallotment Report. Respondents: State Governments, agency’s estimate of the burden of the OMB No.: 0970–0106. Tribal Governments, Insular Areas, the proposed collection of information; (c) Description: The LIHEAP statute and District of Columbia, and the the quality, utility, and clarity of the regulations require LIHEAP grantees to Commonwealth of Puerto Rico.

ANNUAL BURDEN ESTIMATES

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

Carryover and Reallotment ...... 192 1 3 576

Estimated Total Annual Burden Therefore, a comment is best assured of DEPARTMENT OF HEALTH AND Hours: 576. having its full effect if OMB receives it HUMAN SERVICES Additional Information: Copies of the within 30 days of publication. Written proposed collection may be obtained by comments and recommendations for the Administration for Children and writing to the Administration for proposed information collection should Families Children and Families, Office of be sent directly to the following: Submission for OMB Review; Administration, Office of Information Office of Management and Budget, Comment Request Services, 370 L’Enfant Promenade, SW., Paperwork Reduction Project, Fax: 202– Washington, DC 20447, Attn: ACF 395–6974, Attn: Desk Officer for the Title: National Medical Support Reports Clearance Officer. All requests Administration for Children and Notice. should be identified by the title of the Families. OMB No.: 0970–0222. information collection. E-mail address: Description: The information [email protected]. Dated: October 30, 2007. collected by State IV–D Child Support OMB Comment: OMB is required to Robert Sargis, Enforcement agencies is used to make a decision concerning the Reports Clearance Officer. complete the National Medical Support collection of information between 30 [FR Doc. 07–5496 Filed 11–5–07; 8:45 am] Notice (NMSN), which is sent to and 60 days after publication of this BILLING CODE 4184–01–M employers of employee/obligors and document in the Federal Register. used as a means of enforcing the health

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care coverage provision in a child Security Number; the employer’s name enroll the alternate recipient in the support order. Primarily, the and address; the name and address of group health plan. If necessary, the information the State Child Support the alternate recipient (child); and the employer also initiates withholding Enforcement agencies use to complete custodial parent’s name and address. from the employee’s wages for the the NMSN is information regarding The employer forwards the second part purpose of paying premiums to the appropriate persons, which is necessary of the NMSN to the group health plan group health plan for enrollment of the for the enrollment of the child in administrator, which contains the same child. employment-related health care individual identifying information. The Respondents: State and Territory coverage, such as the employee/ plan administrator requires this agencies administering the child obligor’s name, address, and Social information to determine whether to Support Enforcement program.

ANNUAL BURDEN ESTIMATES

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

National Medical Support Notice ...... 54 97,775 .17 897,575

Estimated Total Annual Burden Office of Management and Budget, Description: Collection of these data Hours: 897,575. Paperwork Reduction Project, Fax: 202– will assist legislators and policymakers Additional Information: Copies of the 395–6974, Attn: Desk Officer for the in determining how effective their proposed collection may be obtained by Administration for Children and policymaking efforts have been over writing to the Administration for Families. time in applying the various child Children and Families, Office of Dated: October 30, 2007. support legislation to the overall child Administration, Office of Information Robert Sargis, support enforcement picture. This Services, 370 L’Enfant Promenade, SW., information will help policymakers Washington, DC 20447, Attn: ACF Reports Clearance Officer. determine to what extent individuals on Reports Clearance Officer. All requests [FR Doc. 07–5497 Filed 11–5–07; 8:45 am] welfare would be removed from the should be identified by the title of the BILLING CODE 4184–01–M information collection. E-mail address: welfare rolls as a result of more [email protected]. stringent child support enforcement OMB Comment: OMB is required to DEPARTMENT OF HEALTH AND efforts. make a decision concerning the HUMAN SERVICES Respondents: Individuals and collection of information between 30 Households. and 60 days after publication of this Administration for Children and document in the Federal Register. Families Therefore, a comment is best assured of Submission for OMB Review; having its full effect if OMB receives it Comment Request within 30 days of publication. Written comments and recommendations for the Title: April 2006 Current Population proposed information collection should Survey Supplement on Child Support. be sent directly to the following: OMB No.: 0992–0003.

ANNUAL BURDEN ESTIMATES

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

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

Estimated Total Annual Burden Hours ...... 998

Additional Information: Copies of the and 60 days after publication of this Dated: October 30, 2007. proposed collection may be obtained by document in the Federal Register. Robert Sargis, writing to the Administration for Therefore, a comment is best assured of Reports Clearance Officer. Children and Families, Office of having its full effect if OMB receives it [FR Doc. 07–5498 Filed 11–5–07; 8:45 am] Administration, Office of Information within 30 days of publication. Written BILLING CODE 4184–01–M Services, 370 L’Enfant Promenade, SW., comments and recommendations for the Washington, DC 20447, Attn: ACF proposed information collection should Reports Clearance Officer. All requests be sent directly to the following: Office should be identified by the title of the of Management and Budget, Paperwork information collection. E-mail address: Reduction Project, Attn: Desk Officer for [email protected]. ACF, E-mail address: OMB Comment: OMB is required to [email protected]. make a decision concerning the collection of information between 30

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DEPARTMENT OF HEALTH AND Corp., for the HeartMate II Left Staff, at 240–276–8932, at least 7 days HUMAN SERVICES Ventricular Assist System (LVAS), in advance of the meeting. which is intended for use as a bridge to FDA is committed to the orderly Food and Drug Administration transplantation in cardiac transplant conduct of its advisory committee candidates at risk of imminent death meetings. Please visit our Web site at Circulatory System Devices Panel of from non-reversible left ventricular http://www.fda.gov/oc/advisory/ the Medical Devices Advisory failure. The HeartMate II LVAS is default.htm for procedures on public Committee; Notice of Meeting intended for use both inside and outside conduct during advisory committee AGENCY: Food and Drug Administration, the hospital. meetings. Notice of this meeting is given under HHS. FDA intends to make background material available to the public no later the Federal Advisory Committee Act (5 ACTION: Notice. than 2 business days before the meeting. U.S.C. app. 2). This notice announces a forthcoming If FDA is unable to post the background Dated: October 31, 2007. meeting of a public advisory committee material on its Web site prior to the Randall W. Lutter, of the Food and Drug Administration meeting, the background material will Deputy Commissioner for Policy. (FDA). The meeting will be open to the be made publicly available at the [FR Doc. E7–21779 Filed 11–5–07; 8:45 am] location of the advisory committee public. BILLING CODE 4160–01–S Name of Committee: Circulatory meeting, and the background material System Devices Panel of the Medical will be posted on FDA’s Web site after Devices Advisory Committee. the meeting. Background material is DEPARTMENT OF HEALTH AND General Function of the Committee: available at http://www.fda.gov/ohrms/ HUMAN SERVICES To provide advice and dockets/ac/acmenu.htm, click on the recommendations to the agency on year 2007 and scroll down to the Indian Health Service FDA’s regulatory issues. appropriate advisory committee link. Date and Time: The meeting will be Procedure: Interested persons may Request for Public Comment: 30-Day held on November 29 and 30, 2007, present data, information, or views, Proposed Information Collection: from 8 a.m. to 6 p.m. orally or in writing, on issues pending Application for Participation in the IHS Location: Gaithersburg Holiday Inn, before the committee. Written Scholarship Program Ballroom, 2 Montgomery Village Ave., submissions may be made to the contact AGENCY: Indian Health Service, HHS. Gaithersburg, MD. person on or before November 15, 2007. ACTION: Notice. Contact Person: James Swink, Center Oral presentations from the public will for Devices and Radiological Health be scheduled for approximately 30 SUMMARY: In compliance with Section (HFZ–450), Food and Drug minutes at the beginning of committee 350(c)(2)(A) of the Paperwork Reduction Administration, 9200 Corporate Blvd., deliberations on each day and for Act of 1995 which requires 30 days for Rockville, MD 20850, 240–276–4179, or approximately 30 minutes near the end public comment on proposed FDA Advisory Committee Information of the deliberations on each day. Those information collection projects, the Line, 1–800–741–8138 (301–443–0572 desiring to make formal oral Indian Health Service (IHS) has in the Washington, DC area), code presentations should notify the contact submitted to the Office of Management 3014512625. Please call the Information person and submit a brief statement of and Budget (OMB) a request to review Line for up-to-date information on this the general nature of the evidence or and approve the information collection meeting. A notice in the Federal arguments they wish to present, the listed below. This proposed information Register about last minute modifications names and addresses of proposed collection project was previously that impact a previously announced participants, and an indication of the published in the Federal Register (72 advisory committee meeting cannot approximate time requested to make FR 45054) on August 10, 2007 and always be published quickly enough to their presentation on or before allowed 60 days for public comment. No provide timely notice. Therefore, you November 7, 2007. Time allotted for public comment was received in should always check the agency’s Web each presentation may be limited. If the response to the notice. The purpose of site and call the appropriate advisory number of registrants requesting to this notice is to allow 30 days for public committee hot line/phone line to learn speak is greater than can be reasonably comment to be submitted directly to about possible modifications before accommodated during the scheduled OMB. coming to the meeting. open public hearing session, FDA may Proposed Collection: Title: 0917– Agenda: On November 29, 2007, the conduct a lottery to determine the 0006, ‘‘Application for Participation in committee will discuss, make speakers for the scheduled open public the IHS Scholarship Program.’’ Type of recommendations, and vote on a hearing session. The contact person will Information Collection Request: premarket approval application, notify interested persons regarding their Previously Approved Collection. Form sponsored by Abbott Vascular, for the request to speak by November 8, 2007. Number(s): IHS–856, 856–2 through XIENCE V Everolimus Eluting Coronary Persons attending FDA’s advisory 856–8, IHS–815, IHS–816, IHS–817, Stent System, which is indicated for committee meetings are advised that the IHS–818, D–02, F–02, F–04, G–02, G– improving coronary luminal diameter in agency is not responsible for providing 04, H–07, H–08, J–04, J–05, K–03, K–04, patients with symptomatic heart disease access to electrical outlets. and L–03. Reporting formats are due to de novo native coronary artery FDA welcomes the attendance of the contained in an IHS Scholarship lesions (length = 28 millimeters (mm)) public at its advisory committee Program application booklet. Need and with reference vessel diameter of 2.5 meetings and will make every effort to Use of Information Collection: This IHS mm to 4 mm. accommodate persons with physical Scholarship Branch needs this On November 30, 2007, the committee disabilities or special needs. If you information for program administration will discuss, make recommendations, require special accommodations due to and uses the information to solicit, and vote on a premarket approval a disability, please contact AnnMarie process, and award IHS Pre-graduate, application, sponsored by Thoratec Williams, Conference Management Preparatory, and/or Health Professions

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Scholarship grants and monitor the information technology to make the The table below provides: Types of academic performance of awardees, to application electronically available on data collection instruments, Estimated place awardees at payback sites. The the internet have been delayed. Affected number of respondents, Number of IHS Scholarship Program plans to Public: Individuals, non-for-profit responses per respondent, Annual streamline the application to reduce the institutes and State, local or Tribal number of responses, Average burden time needed by applicants to complete Government. Type of Respondents: hour per response, and Total annual and provide the information. The IHS Students pursuing health care burden hour(s). Scholarship Program plans to use professions.

Annual burden Data collection instrument(s) Number of Responses per Total annual Burden hour per respondents respondent response response * hours

Scholarship Application (IHS–856) ...... 1500 1 1500 1.00 (60 min) .... 1500 Checklist (856–2) ...... 1500 1 1500 0.13 (8 min) ...... 195 Course Verification (856–3) ...... 1500 1 1500 0.70 (42 min) .... 1050 Faculty/Employer Application (856–4) ...... 1500 2 3000 0.83 (50 min) .... 2490 Justification (856–5) ...... 1500 1 1500 0.75 (45 min) .... 1125 Federal Debt (856–6) ...... 1500 1 1500 0.13 (8 min) ...... 195 Job Experience only (856–7) ...... 25 1 25 0.83 (50 min) .... 21 Accept/Decline (856–8) ...... 650 1 650 0.13 (8 min) ...... 84 Receipt of Application (815) ...... 1500 1 1500 0.03 (2 min) ...... 45 Address Change Notice (816) ...... 25 1 25 0.02 (1 min) ...... 25 Scholarship Program Agreement (817) .... 850 1 850 0.05 (3 min) ...... 43 Stipend Checks (D–02) ...... 100 1 100 0.13 (8 min) ...... 13 Enrollment (F–02) ...... 1300 1 1300 0.13 (8 min) ...... 169 Academic Problem/Change (F–04) ...... 50 1 50 0.13 (8 min) ...... 6 Request Assistance (G–02) ...... 217 1 217 0.13 (8 min) ...... 28 Summer School (G–04) ...... 193 1 193 0.10 (6 min) ...... 19 Health Professions Contract (818) ...... 850 1 850 0.05 (3 min) ...... 33 Placement (H–07) ...... 250 1 250 0.18 (11 min) .... 45 Graduation (H–08) ...... 250 1 250 0.17 (10 min) .... 43 Site Preference (J–04) ...... 150 1 150 0.13 (8 min) ...... 20 Travel Reimb (J–05) ...... 150 1 150 0.10 (6 min) ...... 15 Status Report (K–03) ...... 250 1 250 0.25 (15 min) .... 63 Preferred Assignment (K–04) ...... 200 1 200 0.75 (45 min) .... 150 Request of Deferment (L–03) ...... 20 1 20 0.13 (8 min) ...... 3

Total ...... 15,830 ...... 7,380 * For ease of understanding, burden hours are also provided in actual minutes.

There are no Capital Costs, Operating public burden and associated response DEPARTMENT OF HEALTH AND Costs, and/or Maintenance Costs to time to: Office of Management and HUMAN SERVICES report. Budget, Office of Regulatory Affairs, Request for Comments: Your written New Executive Office Building, Room National Institutes of Health comments and/or suggestions are 10235, Washington, DC 20503, Proposed Collection; Comment invited on one or more of the following Attention: Desk Officer for IHS. Request; The Framingham Study points: (a) Whether the information To request more information on the collection activity is necessary to carry proposed collection or to obtain a copy SUMMARY: In compliance with the out an agency function; (b) whether the of the data collection instrument(s) and/ requirement of section 3506(c)(2)(A) of agency processes the information or instruction(s) contact: Mrs. Chris the Paperwork Reduction Act of 1995, collected in a useful and timely fashion; Rouleau, IHS Reports Clearance Officer, for opportunity for public comment on (c) the accuracy of public burden proposed data collection projects, the 12300 Twinbrook Parkway, Suite 450, estimate (the estimated amount of time National Heart, Lung, and Blood Rockville, MD 20852–1601; call non-toll needed for individual respondents to Institute (NHLBI), the National provide the requested information); (d) free (301) 443–5938; send via facsimile Institutes of Health (NIH) will publish whether the methodology and to (301) 443–2316; or send your e-mail periodic summaries of proposed assumptions used to determine the requests, comments, and return address projects to be submitted to the Office of estimates are logical; (e) ways to to: [email protected]. Management and Budget (OMB) for enhance the quality, utility, and clarity Comment Due Date: Comments review and approval. of the information being collected; and regarding this information collection are Proposed Collection: Title: The (f) ways to minimize the public burden best assured of having full effect if Framingham Study. Type of Information through the use of automated, received within 30 day of the date of Request: Revision (OMB No. 0925– electronic, mechanical, or other this publication. 0216). Need and Use of Information technological collection techniques or Collection: The Framingham Study will other forms of information technology. Dated: October 29, 2007. conduct examinations and morbidity Direct Comments to OMB: Send your Robert G. McSwain, and mortality follow-up in original, written comments and suggestions Acting Director, Indian Health Service. offspring, and third generation regarding the proposed information [FR Doc. 07–5520 Filed 11–5–07; 8:45 am] participants for the purpose of studying collection contained in this notice, BILLING CODE 4165–16–M the determinants of cardiovascular especially regarding the estimated disease. Frequency of response: The

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participants will be contacted annually. Adult men and women; doctors and Respondents: 6,000 and Estimated Total Affected public: Individuals or staff of hospitals and nursing homes. Annual Burden Hours Requested: 9,900. households; businesses or other for The annual reporting burden is as There are no capital, operating, or profit; small businesses or follows: Estimated Number of maintenance costs to report. organizations. Types of Respondents:

Estimated total Estimated Average annual burden Type of respondents number of burden hours hours respondents per respondent requested

Participants ...... 3,600 2.5 9,000 Physician, hospital, nursing home staff ...... 1,200 0.67 804 Participant’s next of kin ...... 1,200 .08 96

Total ...... 6,000 ...... 9,900

Request for Comments: Written Dated: October 22, 2007. Need and Use of Information Collection: comments and/or suggestions from the Mike Lauer, The purpose of this short 2-page public and affected agencies are invited Director, Division of Prevention and questionnaire is to obtain information on one or more of the following points: Population Sciences, NHLBI, National on 18 different medical conditions, (1) Whether the proposed collection of Institutes of Health. several medical procedures, and information will have practical utility; Suzanne Freeman, lifestyle characteristics from 513,225 (2) The accuracy of the agency’s OMB Clearance Officer, NHLBI, National participants of the NIH–AARP Diet and estimate of burden of the proposed Institutes of Health. Health Study. The questionnaire will collection of information, including the [FR Doc. E7–21705 Filed 11–5–07; 8:45 am] support the ongoing examination validity of the methodology and BILLING CODE 4140–01–P between cancer and nutritional assumptions used; (3) Ways to enhance exposures. This questionnaire adheres the quality, utility, and clarity of the to The Public Health Service Act, information to be collected; and (4) DEPARTMENT OF HEALTH AND section 412 (42 U.S.C. 285a–1) and Ways to minimize the burden of HUMAN SERVICES section 413 (42 U.S.C. 285a–2), which collection of information on those who authorizes the Division of Cancer are to respond, including the use of National Institutes of Health Epidemiology and Genetics of the appropriate automated, electronic, National Cancer Institute (NCI) to Proposed Collection; Comment mechanical, or other technological establish and support programs for the Request; NIH-American Association collection techniques or other forms of detection, diagnosis, prevention and for Retired Persons (AARP) Short information technology. treatment of cancer; and to collect, Follow-Up Questionnaire 2008 FOR FURTHER INFORMATION CONTACT: To identify, analyze and disseminate request more information on the SUMMARY: In compliance with the information on cancer research, proposed project or to obtain a copy of requirement of section 3506(c)(2)(A) of diagnosis, prevention and treatment. data collection plans and instruments, the Paperwork Reduction Act of 1995, Frequency of Response: Once. Affected contact Dr. Paul Sorlie, Division of for opportunity for public comment on Public: Individuals. Type of Prevention and Population Sciences, proposed data collection projects, the Respondents: U.S. adults (persons aged NHLBI, NIH, II Rockledge Center, 6701 National Cancer Institute (NCI), the 50–85). The annual reporting burden is Rockledge Drive, MSC # 7936, Bethesda, National Institutes of Health (NIH) will as follows: Estimated Number of MD, 20892–7936, or call non-toll-free publish periodic summaries of proposed Respondents: 513,225; Estimated number (301) 435–0456, or e-mail your projects to be submitted to the Office of Number of Responses per Respondent: request, including your address to: Management and Budget (OMB) for 1; Average Burden Hours Per Response: [email protected]. review and approval. .0668; and Estimated Total Annual Comments Due Date: Comments Proposed Collection: Title: NIH- Burden Hours Requested: 34,283. The regarding this information collection are American Association for Retired annualized cost to respondents is best assured of having their full effect if Persons (AARP) Short Follow-Up estimated at: $302,158. There are no received within 60 days of the date of Questionnaire 2008. Type of Capital Costs, Operating Costs, and/or this publication. Information Collection Request: New. Maintenance Costs to report.

Average Type of respondents Number of Frequency of burden hours Annual hour Hourly wage Cost to respondents response per response burden rate respond

Senior Adults ...... 513,225 1 1.0668 34,283 $17.68 $302,158 1 (4 minutes).

Request for Comments: Written information is necessary for the proper estimate of the burden of the proposed comments and/or suggestions from the performance of the function of the collection of information, including the public and affected agencies are invited agency, including whether the validity of the methodology and on one or more of the following points: information will have practical utility; assumptions used; (3) Ways to enhance (1) Whether the proposed collection of (2) The accuracy of the agency’s the quality, utility, and clarity of the

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information to be collected; and (4) DEPARTMENT OF HEALTH AND academic year at an accredited Ways to minimize the burden of the HUMAN SERVICES undergraduate institution. In return, for collection of information on those who each year of scholarship support, the are to respond, including the use of National Institutes of Health recipient is obligated to serve as a full- time paid employee in an NIH research appropriate automated, electronic, Office Intramural Training and mechanical, or other technological Education; Proposed Collection; laboratory for 10 consecutive weeks collection techniques or other forms of Comment Request; National Institutes during the months of June through information technology. of Health Undergraduate Scholarship August and for one year after graduation. If the recipient is enrolled in FOR FURTHER INFORMATION CONTACT: To Program for Individuals From Disadvantaged Backgrounds an undergraduate program or pursues a request more information on the postgraduate degree (doctoral, medical, proposed project or to obtain a copy of SUMMARY: In compliance with the dental, or veterinarian school), the the data collection plans and requirement of Section 3506(c)(2)(A) of postgraduation service obligation may instruments, contact Arthur Schatzkin, the Paperwork Reduction Act of 1995, be deferred with the approval of the M.D., Dr.P.H, Chief, Nutritional the NIH Undergraduate Scholarship Secretary of Health and Human Epidemiology Branch, Division of Program, the National Institutes of Services. The information proposed for Cancer Epidemiology and Genetics, Health (NIH), has submitted to the collection will be used by the NIH National Cancer Institute, NIH, DHHS, Office of Management and Budget Undergraduate Scholarship Program to Executive Plaza South, Room 3040, (OMB) a request to review and approve determine an applicant’s eligibility for 6120 Executive Blvd., EPS–MSC 7242, the information collection listed below. participation in the UGSP and a Proposed Collection: Title: National Bethesda, MD 20892–7335 or call non- participant’s eligibility to defer his or toll-free number 301–594–2931 or Institutes of Health Undergraduate Scholarship Program for Individuals her service obligation. The UGSP is e-mail your request, including your authorized by Section 487D of the address to: [email protected]. from Disadvantaged Backgrounds (UGSP). Type of Information Collection Public Health Service (PHS) Act (42 Comments Due Date: Comments Request: Extension of a previously U.S.C. 288–2), as amended by the NIH regarding this information collection are approved collection (OMB No. 0925– Revitalization Act of 1993 (Pub. L. 103– best assured of having their full effect if 0438, expiration date July 31, 2004). 43). Frequency of Response: Initial received within 60 days of the date of Form Numbers: NIH 2762–1, NIH 2762– application and annual renewal this publication. 2, NIH 2762–3, NIH 2762–4, and NIH application. Affected Public: Applicants (high school or undergraduate students), Dated: October 26, 2007. 2762–5. Need and Use of Information Collection: The NIH makes available recommenders, undergraduate Vivian Horovitch-Kelley, scholarship awards to students from institution financial aid staff, NCI Project Clearance Liaison, National disadvantaged backgrounds who are participants wishing to defer their Institutes of Health. committed to careers in biomedical service obligation, and graduate or [FR Doc. E7–21759 Filed 11–5–07; 8:45 am] research. The scholarships pay for undergraduate registrar staff. The BILLING CODE 4140–01–P tuition and reasonable educational and annual reporting burden estimates are as living expenses up to $20,000 per follows:

Estimated Estimated total Estimated number of Average annual burden Type of respondent number of responses per burden hours hours respondents respondent per response requested

Applicant ...... 300 1.0 3.167 950.10 Recommender ...... 900 1.0 1.000 900.00 Financial Aid Staff ...... 300 1.0 .500 150.00 UGSP Participant ...... 40 1.0 .084 3.36 Registrar ...... 40 1.0 .750 30.00

Totals ...... 1,580 ...... 2,033.46

The annualized cost to respondents is including the validity of the PhD, Director, NIH Undergraduate estimated at $40,249.70. There are no methodology and assumptions used; (3) Scholarship Program, National Institutes capital costs, operating costs, or ways to enhance the quality, utility, and of Health, 2 Center Drive, Room 2E20 maintenance costs to report. clarity of the information to be (MSC 0230), Bethesda, Maryland Request for Comments: Written collected; and (4) ways to minimize the 20892–0230. Dr. Murray can be comments and/or suggestions from the burden of the collection of information contacted via e-mail at public and affected agencies should on those who are to respond, including [email protected] or by calling address one or more of the following the use of appropriate automated, (301) 594–2222. electronic, mechanical, or other points: (1) Whether the proposed Comments Due Date: Comments technological collection techniques or collection of information is necessary regarding this information collection are other forms of information technology. for the proper performance of the best assured of having their full effect if function of the agency, including FOR FURTHER INFORMATION CONTACT: To received within 60 days of the date of whether the information will have request more information on the this publication. practical utility; (2) the accuracy of the proposed project or to obtain a copy of agency’s estimate of the burden of the the data collection plans and proposed collection of information, instruments, contact: Darryl M. Murray,

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Dated: October 29, 2007. from Disadvantaged Backgrounds; 93.232, Branch/DERA, National Heart, Lung, and Raynard S. Kington, Loan Repayment Program for Research Blood Institute, 6701 Rockledge Drive, Room Generally; 93.39, Academic Research Deputy Director, NIH. 7176, Bethesda, MD 20892–7924, 301–435– Enhancement Award; 93.936, NIH Acquired 0310, [email protected]. [FR Doc. E7–21799 Filed 11–5–07; 8:45 am] Immunodeficiency Syndrom Research Loan BILLING CODE 4140–01–P Repayment Program; 93.187, Undergraduate Name of Committee: National Heart, Lung, Scholarship Program for Individuals from and Blood Institute Special Emphasis Panel, Disadvantaged Backgrounds, National Conference Grants (R13s). DEPARTMENT OF HEALTH AND Institutes of Health, HHS) Date: November 28, 2007. HUMAN SERVICES Dated: October 30, 2007 Time: 1 p.m. to 4 p.m. Agenda: To review and evaluate grant Jennifer Spaeth, National Institutes of Health applications. Director, Office of Federal Advisory Place: National Institutes of Health, 6701 Committee Policy. Office of The Director, National Rockledge Drive, Bethesda, MD 20892 Institutes of Health; Notice of Meetings [FR Doc. 07–5534 Filed 11–5–07; 8:45am] (Telephone Conference Call). BILLING CODE 4140–01–M Pursuant to section 10(a) of the Contact Person: Chang Sook Kim, PhD, Federal Advisory Committee Act, as Scientific Review Administrator, Review amended (5 U.S.C. Appendix 2), notice Branch, DERA, National Heart, Lung, and DEPARTMENT OF HEALTH AND Blood Institute, 6701 Rockledge Drive, Room is hereby given of the following meeting HUMAN SERVICES of the Advisory Committee to the 7190, Bethesda, MD 20892, 301–435–0287, [email protected]. Director, NIH. National Institutes of Health The meeting will be open to the Name of Committee: National Heart, Lung, public, with attendance limited to space National Heart, Lung, and Blood and Blood Institute Special Emphasis Panel, available. Individuals who plan to Institute; Notice of Closed Meetings Patient-Oriented and Career Enhancement attend and need special assistance, such Award for Stem Cell Research (K 23, 24, 25). Pursuant to section 10(d) of the as sign language interpretation or other Date: November 29–30, 2007. Federal Advisory Committee Act, as reasonable accommodations, should Time: 8 a.m. to 12 p.m. amended (5 U.S.C. Appendix 2), notice notify the Contact Person listed below Agenda: To review and evaluate grant is hereby given of the following in advance of the meeting. applications. meetings. Place: Crystal City Marriott, 2899 Jefferson Name of Committee: Advisory Committee The meetings will be closed to the Davis Highway, Arlington, VA 22202. to the Director, NIH. public in accordance with the Contact Person: Mark Roltsch, PhD, Date: December 7, 2007. provisions set forth in sections Scientific Review Administrator, Review Time: 8:30 a.m. to 5 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: Among the topics proposed for Branch/DERA, National Heart, Lung, and discussion are: (1) NIH Director’s Report; (2) as amended. The grant applications and Blood Institute, 6701 Rockledge Drive, Room NIH Director’s Council of Public the discussions could disclose 7192, Bethesda, MD 20892–7924, 301–435– Representatives Liaison Report; and (3) ACD confidential trade secrets or commercial 0287, [email protected]. Peer Review Work Group Report. property such as patentable material, Name of Committee: National Heart, Lung, Place: National Institutes of Health, and personal information concerning and Blood Institute Special Emphasis Panel, Building 31, Conference Room 6, 9000 individuals associated with the grant Ancillary Studies in Clinical Trials. Rockville Pike, Bethesda, MD 20892. applications, the disclosure of which Date: November 30, 2007. Contact Person: Penny W. Burgoon, PhD, would constitute a clearly unwarranted Senior Assistant to the Deputy Director, Time: 8:30 a.m. to 5 p.m. Office of the Director, National Institutes of invasion of personal privacy. Agenda: To review and evaluate grant Health, 1 Center Drive, Building 1, Room Name of Committee: National Heart, Lung, applications. 114, Bethesda, MD 20892, 301–451–5870, and Blood Institute Special Emphasis Panel, Place: Bethesda Marriott, 5151 Pooks Hill [email protected]. Career Transition Award (K22). Road, Bethesda, MD 20814. Any interested person may file written Date: November 27, 2007. Contact Person: Yingying Li-Smerin, MD, comments with the committee by forwarding Time: 1:30 p.m. to 3:30 p.m. PhD, Scientific Review Administrator, the statement to the Contact Person listed on Agenda: To review and evaluate grant Review Branch/DERA, National Heart, Lung, this notice. The statement should include the applications. and Blood Institute, 6701 Rockledge Drive, name, address, telephone number and when Place: National Institutes of Health, 6701 Room 7184, Bethesda, MD 20892–7924, 301– applicable, the business or professional Rockledge Drive, Bethesda, MD 20892 affiliation of the interested person. (Telephone Conference Call). 435–0277, [email protected]. In the interest of security, NIH has Contact Person: Tony L. Creazzo, PhD, (Catalogue of Federal Domestic Assistance instituted stringent procedures for entrance Scientific Review Administrator, Review Program Nos. 93.233, National Center for onto the NIH campus. All visitor vehicles, Branch/DERA, National Heart, Lung, and Sleep Disorders Research; 93.837, Heart and including taxicabs, hotel, and airport shuttles Blood Institute, 6701 Rockledge Drive, Room Vascular Diseases Research; 93.838, Lung will be inspected before being allowed on 7180, Bethesda, MD 20892–7924, 301–435– Diseases Research; 93.839, Blood Diseases campus. Visitors will be asked to show one 0725, [email protected]. and Resources Research, National Institutes form of identification (for example, a Name of Committee: National Heart, Lung, of Health, HHS) government-issued photo ID, driver’s license, and Blood Institute Special Emphasis Panel, or passport) and to state the purpose of their Institutional National Research Service Dated: October 29, 2007. visit. Awards (T32s). Jennifer Spaeth, Information is also available on the Date: November 28, 2007. Institute’s/Center’s home page: http:// Director, Office of Federal Advisory Time: 10 a.m. to 2 p.m. Committee Policy. www.nih.gov/about/director/acd.htm, where Agenda: To review and evaluate grant an agenda and any additional information for applications. [FR Doc. 07–5516 Filed 11–5–07; 8:45 am] the meeting will be posted when available. Place: National Institutes of Health, 6701 BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Rockledge Drive, Bethesda, MD 20892 Program Nos. 93.14, Intramural Research (Telephone Conference Call). Training Award; 93.22, Clinical Research Contact Person: Roy L. White, PhD, Loan Repayment Program for Individuals Scientific Review Administrator, Review

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DEPARTMENT OF HEALTH AND provisions set forth in sections Name of Committee: National Institute of HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Allergy and Infectious Diseases Special as amended. The grant applications and Emphasis Panel, Review of National Institutes of Health Neuroimmunology Program Project. the discussions could disclose Date: November 26, 2007. confidential trade secrets or commercial Time: 1 p.m. to 5 p.m. National Heart, Lung, and Blood property such as patentable material, Institute; Notice of Closed Meeting Agenda: To review and evaluate grant and personal information concerning applications. Pursuant to section 10(d) of the individuals associated with the grant Place: National Institutes of Health, Federal Advisory Committee Act, as applications, the disclosure of which Rockledge 6700, 6700B Rockledge Drive, amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted 3146, Bethesda, MD 20817 (Telephone invasion of personal privacy. Conference Call). is hereby given of the following Contact Person: Kenneth E. Santora, PhD, meeting. Name of Committee: National Institute of Scientific Review Officer, Scientific Review The meeting will be closed to the Neurological Disorders and Stroke Special Program, NIH/NIAID/DHHS, Room 3146, public in accordance with the Emphasis Panel, SNRP Review. 6700B Rockledge Drive, MSC 7616, Bethesda, provisions set forth in sections Date: November 26, 2007. MD 20892, 301–451–2605, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 11 a.m. to 12 p.m. (Catalogue of Federal Domestic Assistance as amended. The grant applications and Agenda: To review and evaluate grant Program Nos. 93.855, Allergy, Immunology, the discussions could disclose applications. and Transplantation Research; 93.856, confidential trade secrets or commercial Place: National Institutes of Health, Microbiology and Infectious Diseases property such as patentable material, Neuroscience Center, 6001 Executive Research, National Institutes of Health, HHS) and personal information concerning Boulevard, Rockville, MD 20852 (Telephone Dated: October 29, 2007. Conference Call). individuals associated with the grant Contact Person: Phillip F. Wiethorn, Jennifer Spaeth, applications, the disclosure of which Scientific Review Administrator, DHHS/NIH/ Director, Office of Federal Advisory would constitute a clearly unwarranted NINDS/DER/SRB, 6001 Executive Boulevard; Committee Policy. invasion of personal privacy. MSC 9529, Neuroscience Center; Room 3203, [FR Doc. 07–5517 Filed 11–5–07; 8:45 am] Name of Committee: Heart, Lung, and Bethesda, MD 20892–9529, (301) 496–5388, BILLING CODE 4140–01–M Blood Initial Review Group, Heart, Lung, and [email protected]. Blood Program Project Review Committee. (Catalogue of Federal Domestic Assistance Date: November 29, 2007. Program Nos. 93.853, Clinical Research DEPARTMENT OF HEALTH AND Time: 8 a.m. to 4 p.m. Related to Neurological Disorders; 93.854, HUMAN SERVICES Agenda: To review and evaluate grant Biological Basis Research in the applications. Neurosciences, National Institutes of Health, National Institutes of Health Place: Sheraton College Park, 4095 Powder HHS) Mill Road, Beltsville, MD 20705. National Institute of Child Health and Contact Person: Jeffrey H. Hurst, PhD, Dated: October 29, 2007. Human Development; Notice of Scientific Review Administrator, Review Jennifer Spaeth, Branch/DERA, National Heart, Lung, and Meeting Blood Institute, 6701 Rockledge Drive, Room Director, Office of Federal Advisory Committee Policy. Pursuant to section 10(a) of the 7208, Bethesda, MD 20892–7924, 301–435– Federal Advisory Committee Act, as 0303, [email protected]. [FR Doc. 07–5514 Filed 11–5–07; 8:45 am] amended (5 U.S.C. Appendix 2), notice (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Program Nos. 93.233, National Center for is hereby given of a meeting of the Sleep Disorders Research; 93.837, Heart and National Advisory Board on Medical Vascular Diseases Research; 93.838, Lung DEPARTMENT OF HEALTH AND Rehabilitation Research. Diseases Research; 93.839, Blood Diseases HUMAN SERVICES The meeting will be open to the and Resources Research, National Institutes public, with attendance limited to space of Health, HHS) National Institutes of Health available. Individuals who plan to Dated: October 31, 2007. attend and need special assistance, such Jennifer Spaeth, National Institute of Allergy and as sign language interpretation or other Director, Office of Federal Advisory Infectious Diseases; Notice of Closed reasonable accommodations, should Committee Policy. Meeting notify the Contact Person listed below [FR Doc. 07–5530 Filed 11–5–07; 8:45 am] in advance of the meeting. Pursuant to section 10(d) of the BILLING CODE 4140–01–M Name of Committee: National Advisory Federal Advisory Committee Act, as Board on Medical Rehabilitation Research. amended (5 U.S.C. Appendix 2), notice Date: December 3–4, 2007. DEPARTMENT OF HEALTH AND is hereby given of the following Time: December 3, 2007, 8:30 a.m. to 5 HUMAN SERVICES meeting. p.m. The meeting will be closed to the Agenda: NICHD Director’s Report National Institutes of Health presentation, NCMRR Director’s Report public in accordance with the presentation and various reports on Medical provisions set forth in sections National Institute of Neurological Research Initiatives. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Disorders and Stroke; Notice of Closed Place: Hilton Washington DC/Rockville, as amended. The grant applications and 1750 Rockville Pike, Rockville, MD 20852. Meeting the discussions could disclose Time: December 4, 2007, 8:30 a.m. to 12 Pursuant to section 10(d) of the confidential trade secrets or commercial p.m. Federal Advisory Committee Act, as property such as patentable material, Agenda: Other business dealing with the and personal information concerning NABMRR Board. amended (5 U.S.C. Appendix 2), notice Place: Hilton Washington DC/Rockville, is hereby given of the following individuals associated with the grant 1750 Rockville Pike, Rockville, MD 20852. meeting. applications, the disclosure of which Contact Person: Ralph M. Nitkin, PhD, The meeting will be closed to the would constitute a clearly unwarranted Director, BSCD, National Center for Medical public in accordance with the invasion of personal privacy. Rehabilitation Research, National Institute of

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Child Health and Human Development, NIH, 20892, (301) 496–1485, Dated: October 30, 2007. 6100 Building, Room 2A03, Bethesda, MD [email protected]. Jennifer Spaeth, 20892, (301) 402–4206. This notice is being published less than 15 Director, Office of Federal Advisory Any interested person may file written days prior to the meeting due to the timing Committee Policy. comments with the committee by forwarding limitations imposed by the review and the statement to the Contact Person listed on funding cycle. [FR Doc. 07–5535 Filed 11–5–07; 8:45 am] this notice. The statement should include the (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M name, address, telephone number and when Program Nos. 93.864, Population Research; applicable, the business or professional 93.865, Research for Mothers and Children; affiliation of the interested person. 93.929, Center for Medical Rehabilitation; DEPARTMENT OF HEALTH AND Information is also available on the 93.209, Contraception and Infertility Loan HUMAN SERVICES Institute’s/Center’s home page: http:// Repayment Program, National Institutes of www.nichd.nih.gov/about/ncmrr.htm, where Health, HHS) National Institutes of Health an agenda and any additional information for Dated: October 30, 2007. the meeting will be posted when available. National Institute of Child Health and (Catalogue of Federal Domestic Assistance Jennifer Spaeth, Human Development; Notice of Closed Program Nos. 93.864, Population Research; Director, Office of Federal Advisory Meeting 93.865, Research for Mothers and Children; Committee Policy. 93.929, Center for Medical Rehabilitation [FR Doc. 07–5533 Filed 11–5–07; 8:45 am] Pursuant to section 10(d) of the Research; 93.209, Contraception and BILLING CODE 4140–01–M Federal Advisory Committee Act, as Infertility Loan Repayment Program, National amended (5 U.S.C. Appendix 2), notice Institutes of Health, HHS) is hereby given of the following Dated: October 30, 2007. DEPARTMENT OF HEALTH AND meeting. Jennifer Spaeth, HUMAN SERVICES The meeting will be closed to the Director, Office of Federal Advisory National Institutes of Health public in accordance with the Committee Policy. provisions set forth in sections [FR Doc. 07–5532 Filed 11–5–07; 8:45 am] National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M Human Development; Notice of Closed as amended. The grant applications and Meeting the discussions could disclose confidential trade secrets or commercial DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the property such as patentable material, HUMAN SERVICES Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice individuals associated with the grant National Institutes of Health is hereby given of the following applications, the disclosure of which meeting. National Institute of Child Health and would constitute a clearly unwarranted The meeting will be closed to the invasion of personal privacy. Human Development; Notice of Closed public in accordance with the Meeting provisions set forth in sections Name of Committee: National Institute of Child Health and Human Development Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Special Emphasis Panel, ‘‘A Longitudinal Federal Advisory Committee Act, as as amended. The contract proposals and MRI Study of Infants at Risk for Autism’’. amended (5 U.S.C. Appendix 2), notice the discussions could disclose Date: November 28, 2007. is hereby given of the following confidential trade secrets or commercial Time: 11 a.m. to 1 p.m. meeting. property such as patentable material, Agenda: To review and evaluate grant The meeting will be closed to the and personal information concerning applications. public in accordance with the individuals associated with the contract Place: National Institutes of Health, 6100 provisions set forth in sections proposals, the disclosure of which Executive Boulevard, 5B01, Rockville, MD would constitute a clearly unwarranted 20852 (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Norman Chang, PhD, as amended. The grant applications and invasion of personal privacy. Scientific Review Administrator, Division of the discussions could disclose Name of Committee: National Institute of Scientific Review, National Institute of Child confidential trade secrets or commercial Child Health and Human Development Health and Human Development, NIH, 6100 property such as patentable material, Special Emphasis Panel, Data Analysis & Executive Blvd., Room 5B01, Bethesda, MD and personal information concerning Statistical Programming Support. 20892, (301) 496–1485, individuals associated with the grant Date: November 26, 2007. [email protected]. applications, the disclosure of which Time: 11:30 a.m. to 2 p.m. This notice is being published less than 15 Agenda: To review and evaluate contract would constitute a clearly unwarranted days prior to the meeting due to the timing proposals. limitations imposed by the review and invasion of personal privacy. Place: National Institutes of Health, 6100 funding cycle. Name of Committee: National Institute of Executive Boulevard, 5B01, Rockville, MD (Catalogue of Federal Domestic Assistance Child Health and Human Development 20852 (Telephone Conference Call). Program Nos. 93.864, Population Research; Special Emphasis Panel, Dyslexia Rat Model. Contact Person: Hameed Khan, PhD, 93.865, Research for Mothers and Children; Date: November 20, 2007. Scientific Review Administrator, Division of 93.929, Center for Medical Rehabilitation Time: 12 p.m. to 3 p.m. Scientific Review, National Institute of Child Research; 93.209, Contraception and Agenda: To review and evaluate grant Health and Human Development, NIH, 6100 Infertility Loan Repayment Program, National applications. Executive Blvd., Room 5B01, Bethesda, MD Institutes of Health, HHS). Place: National Institutes of Health, 6100 20892, (301) 435–6902, [email protected]. Executive Boulevard, 5B01, Rockville, MD (Catalogue of Federal Domestic Assistance Dated: October 30, 2007. 20852 (Telephone Conference Call). Program Nos. 93.864, Population Research; Jennifer Spaeth, Contact Person: Norman Chang, PhD, 93.865, Research for Mothers and Children; Scientific Review Administrator, Division of 93.929, Center for Medical Rehabilitation Director, Office of Federal Advisory Scientific Review, National Institute of Child Research; 93.209, Contraception and Committee Policy. Health and Human Development, NIH, 6100 Infertility Loan Repayment Program, National [FR Doc. 07–5536 Filed 11–5–07; 8:45 am] Executive Blvd., Room 5B01, Bethesda, MD Institutes of Health, HHS) BILLING CODE 4140–01–M

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DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND 13, 2007, 6 p.m. to November 16, 2007 HUMAN SERVICES HUMAN SERVICES 5 p.m. Double Tree Hotel & Executive Meeting Center, 8120 Wisconsin Ave., National Institutes of Health National Institutes of Health Bethesda, MD 20814, which was published in the Federal Register on National Institute of Child Health and National Institute on Alcohol Abuse October 26, 2007, Volume 72, #207. Human Development; Notice of Closed and Alcoholism; Notice of Closed The date of the meeting was changed Meeting Meeting to November 13–15, 2007. The meeting Pursuant to section 10(d) of the is closed to the public. Pursuant to section 10(d) of the Federal Advisory Committee Act, as Dated: October 30, 2007. Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice Jennifer Spaeth, amended (5 U.S.C. Appendix 2), notice is hereby given of the following Director, Office of Federal Advisory is hereby given of the following meeting. Committee Policy. meeting. The meeting will be closed to the [FR Doc. 07–5539 Filed 11–5–07; 8:45 am] public in accordance with the The meeting will be closed to the BILLING CODE 4140–01–M public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and DEPARTMENT OF HEALTH AND as amended. The grant applications and the discussions could disclose HUMAN SERVICES confidential trade secrets of commercial the discussions could disclose property such as patentable material, confidential trade secrets or commercial National Institutes of Health and personal information concerning property such as patentable material, individuals associated with the grant Center for Scientific Review; Notice of and personal information concerning applications, the disclosure of which Closed Meetings individuals associated with the grant would constitute a clearly unwarranted Pursuant to section 10(d) of the applications, the disclosure of which invasion of personal privacy. would constitute a clearly unwarranted Federal Advisory Committee Act, as Name of Committee: National Institute on invasion of personal privacy. amended (5 U.S.C. Appendix 2), notice Alcohol Abuse and Alcoholism Special is hereby given of the following Name of Committee: National Institute of Emphasis Panel, Fellowship Applications meetings. Child Health and Human Development Review. Date: December 4, 2007. The meetings will be closed to the Special Emphasis Panel, Newborn Screening public in accordance with the for Hearing Loss. Time: 8:30 a.m. to 5:30 p.m. Agenda: To review and evaluate grant provisions set forth in sections Date: November 26, 2007. applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 2:30 p.m. to 4:30 p.m. Place: Ramada Inn Rockville, 1775 as amended. The grant applications and Agenda: To review and evaluate grant Rockville Pike, Rockville, MD 20852. the discussions could disclose applications. Contact Person: Lorraine Gunzerath, PhD, confidential trade secrets or commercial Place: National Institutes of Health, 6100 MBA, Scientific Review Administrator, property such as patentable material, Executive Boulevard, 5B01, Rockville, MD National Institute on Alcohol Abuse and and personal information concerning 20852 (Telephone Conference Call). Alcoholism, Office of Extramural Activities, Contact Person: Norman Chang, PhD, Extramural Project Review Branch, 5635 individuals associated with the grant Scientific Review Administrator, Division of Fishers Lane, Room 3043, Bethesda, MD applications, the disclosure of which 20892–9304, 301–443–2369, Scientific Review, National Institute of Child would constitute a clearly unwarranted [email protected]. Health and Human Development, NIH, 6100 invasion of personal privacy. (Catalogue of Federal Domestic Assistance Executive Blvd., Room 5B01, Bethesda, MD Name of Committee: Center for Scientific Program Nos. 93.271, Alcohol Research Review Special Emphasis Panel, Statistical 20892, (301) 496–1485, Career Development Awards for Scientists and Computational Methods for Genomic [email protected]. and Clinicians; 93.272, Alcohol National Analysis. This notice is being published less than 15 Research Service Awards for Research Date: November 12, 2007. days prior to the meeting due to the timing Training; 93.273, Alcohol Research Programs; Time: 1:30 p.m. to 3:30 p.m. limitations imposed by the review and 93.891, Alcohol Research Center Grants, Agenda: To review and evaluate grant National Institutes of Health, HHS) funding cycle. applications. (Catalogue of Federal Domestic Assistance Dated: October 30, 2007. Place: National Institutes of Health, 6701 Program Nos. 93.864, Population Research; Jennifer Spaeth, Rockledge Drive, Bethesda, MD 20892 93.865, Research for Mothers and Children; Director, Office of Federal Advisory (Telephone Conference Call). 93.929, Center for Medical Rehabilitation Committee Policy. Contact Person: David J. Remondini, PhD, Scientific Review Administrator, Center for Research; 93.209, Contraception and [FR Doc. 07–5538 Filed 11–5–07; 8:45 am] Infertility Loan Repayment Program, National Scientific Review, National Institutes of BILLING CODE 4140–01–M Institutes of Health, HHS) Health, 6701 Rockledge Drive, Room 2210, MSC 7890, Bethesda, MD 20892, 301–435– Dated: October 30, 2007. 1038, [email protected]. Jennifer Spaeth, DEPARTMENT OF HEALTH AND This notice is being published less than 15 HUMAN SERVICES days prior to the meeting due to the timing Director, Office of Federal Advisory limitations imposed by the review and Committee Policy. National Institutes of Health funding cycle. [FR Doc. 07–5537 Filed 11–5–07; 8:45 am] Name of Committee: Center for Scientific BILLING CODE 4140–01–M National Institute on Drug Abuse; Review Special Emphasis Panel, Health Amended Notice of Meeting Behavior and Risk Prevention Fellowships. Date: November 16, 2007. Notice is hereby given of a change in Time: 8 a.m. to 5 p.m. the meeting of the Training and Career Agenda: To review and evaluate grant Development Subcommittee, November applications.

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Place: Churchill Hotel, 1914 Connecticut Name of Committee: Center for Scientific is hereby given of the following Avenue, NW., Washington, DC 20009. Review Special Emphasis Panel, meetings. Contact Person: Gabriel B. Fosu, PhD, Neurological Aging and Musculoskeletal Scientific Review Administrator, Center for Epidemiology Study Section Member The meetings will be closed to the Scientific Review, National Institutes of Conflict. public in accordance with the Health, 6701 Rockledge Drive, Room 3215, Date: December 18, 2007. provisions set forth in sections MSC 7808, Bethesda, MD 20892, 301–435– Time: 1 p.m. to 4 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 3562, [email protected]. Agenda: To review and evaluate grant as amended. The grant applications and This notice is being published less than 15 applications. days prior to the meeting due to the timing Place: National Institutes of Health, 6701 the discussions could disclose limitations imposed by the review and Rockledge Drive, Bethesda, MD 20892 confidential trade secrets or commercial funding cycle. (Telephone Conference Call). property such as patentable material, Name of Committee: Center for Scientific Contact Person: Gertrude K. McFarland, and personal information concerning Review Special Emphasis Panel, Small FAAN, PhD, Scientific Review individuals associated with the grant Administrator, Center for Scientific Review, Business: Orthopaedics and Skeletal Biology. applications, the disclosure of which Date: November 20, 2007. National Institutes of Health, 6701 Rockledge Drive, Room 3156, MSC 7770, Bethesda, MD would constitute a clearly unwarranted Time: 8 a.m. to 5 p.m. 20892, (301) 435–1784, [email protected]. invasion of personal privacy. Agenda: To review and evaluate grant applications. (Catalogue of Federal Domestic Assistance Name of Committee: Center for Scientific Place: Doubletree Hotel, 1515 Rhode Island Program Nos. 93.306, Comparative Medicine; Review Special Emphasis Panel, Glial 93.333, Clinical Research, 93.306, 93.333, Avenue, NW., Washington, DC 20005. Development, Myelination and Injury. Contact Person: John P. Holden, PhD, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Date: November 29, 2007. Scientific Review Administrator, Center for Time: 2 p.m. to 3:30 p.m. Scientific Review, National Institutes of Institutes of Health, HHS) Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4211, Dated: October 29, 2007. applications. MSC 7814, Bethesda, MD 20892, 301–496– Jennifer Spaeth, 8551, [email protected]. Place: National Institutes of Health, 6701 Director, Office of Federal Advisory Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific Committee Policy. (Telephone Conference Call). Review Special Emphasis Panel, Regulation [FR Doc. 07–5515 Filed 11–5–07; 8:45 am] of Female Fertility and Pregnancy. Contact Person: Jonathan K. Ivins, PhD, Date: November 28, 2007. BILLING CODE 4140–01–M Scientific Review Administrator, Center for Time: 12 p.m. to 4 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4040A, applications. DEPARTMENT OF HEALTH AND MSC 7806, Bethesda, MD 20892, (301) 594– Place: National Institutes of Health, 6701 HUMAN SERVICES 1245, [email protected]. Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific (Telephone Conference Call). National Institutes of Health Review Special Emphasis Panel, Assays and Contact Person: Stuart B. Moss, PhD, Scientific Review Administrator, Center for Center for Scientific Review; Amended Detectors Review. Scientific Review, National Institutes of Notice of Meeting Date: December 3–4, 2007. Health, 6701 Rockledge Drive, Room 6170, Time: 6:30 p.m. to 6:30 p.m. MSC 7892, Bethesda, MD 20892, 301–435– Notice is hereby given of a change in Agenda: To review and evaluate grant 1044, [email protected]. the meeting of the Center for Scientific applications. Name of Committee: Center for Scientific Review Special Emphasis Panel, Place: The Ritz-Carlton, Tysons Corner, Review Special Emphasis Panel, Member November 6, 2007, 1 p.m. to November 1700 Tysons Boulevard, McLean, VA 22102. Conflicts and Small Business. 6, 2007, 4 p.m., National Institutes of Contact Person: Ping Fan, PhD, MD, Date: December 12, 2007. Health, 6701 Rockledge Drive, Bethesda, Scientific Review Administrator, Center for Time: 10 a.m. to 12 p.m. MD, 20892 which was published in the Scientific Review, National Institutes of Agenda: To review and evaluate grant Federal Register on October 16, 2007, Health, 6701 Rockledge Drive, Room 5154, applications. 72 FR 58676–58679. MSC 7840, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 The meeting will be held November 1740, [email protected]. Rockledge Drive, Bethesda, MD 20892 13, 2007, 3 p.m. to 6 p.m. The meeting (Telephone Conference Call). (Catalogue of Federal Domestic Assistance Contact Person: Shirley Hilden, PhD, location remains the same. The meeting Program Nos. 93.306, Comparative Medicine; Scientific Review Administrator, Center for is closed to the public. 93.333, Clinical Research, 93.306, 93.333, Scientific Review, National Institutes of Dated: October 31, 2007. 93.337, 93.393–93.396, 93.837–93.844, Health, 6701 Rockledge Drive, Room 4222, Jennifer Spaeth, 93.846–93.878, 93.892, 93.893, National MSC 7814, Bethesda, MD 20892, (301) 435– Director, Office of Federal Advisory Institutes of Health, HHS) 1198, [email protected]. Committee Policy. Dated: October 31, 2007. Name of Committee: Center for Scientific [FR Doc. 07–5529 Filed 11–5–07; 8:45 am] Review Special Emphasis Panel, Tropics in Jennifer Spaeth, Developmental Biology. BILLING CODE 4140–01–M Director, Office of Federal Advisory Date: December 12, 2007. Committee Policy. Time: 3 p.m. to 5 p.m. [FR Doc. 07–5531 Filed 11–5–07; 8:45 am] Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND applications. HUMAN SERVICES BILLING CODE 4140–01–M Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 National Institutes of Health (Telephone Conference Call). Contact Person: Sherry L. Dupere, PhD, Center for Scientific Review; Notice of Scientific Review Administrator, Center for Closed Meetings Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5136, Pursuant to section 10(d) of the MSC 7843, Bethesda, MD 20892, (301) 435– Federal Advisory Committee Act, as 1021, [email protected]. amended (5 U.S.C. Appendix 2), notice

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DEPARTMENT OF HOMELAND Port Act of 2006 (SAFE Port Act), Public DEPARTMENT OF HOMELAND SECURITY Law 109–347 (October 13, 2006). This SECURITY rule requires all credentialed merchant Transportation Security Administration mariners and individuals with U.S. Citizenship and Immigration Services [Docket Nos. TSA–2006–24191; Coast unescorted access to secure areas of a Guard–2006–24196] regulated facility or vessel to obtain a Agency Information Collection TWIC. In this final rule, on page 3510, Activities: Form I–131, Revision of an Transportation Worker Identification TSA and Coast Guard stated that a Existing Information Collection; Credential (TWIC); Enrollment Dates phased enrollment approach based Comment Request for the Ports of Honolulu, HI; Baton upon risk assessment and cost/benefit Rouge, LA; Tacoma, WA; Beaumont, would be used to implement the ACTION: 30-Day Notice of Information TX, and Oakland, CA program nationwide, and that TSA Collection Under Review: Form I–131, Application for Travel Document. OMB AGENCY: Transportation Security would publish a notice in the Federal Control Number: 1615–0013. Administration; United States Coast Register indicating when enrollment at Guard; DHS. a specific location will begin and when The Department of Homeland ACTION: Notice. it is expected to terminate. Security, U.S. Citizenship and This notice provides the start date for Immigration Services (USCIS) has SUMMARY: The Department of Homeland TWIC initial enrollment at the Ports of submitted the following information Security (DHS) through the Honolulu, HI; Baton Rouge, LA; collection request to the Office of Transportation Security Administration Tacoma, WA; Beaumont, TX, and Management and Budget (OMB) for (TSA) issues this notice of the dates for Oakland, CA only. Enrollment in review and clearance in accordance the beginning of the initial enrollment Honolulu, Baton Rouge, and Tacoma with the Paperwork Reduction Act of for the Transportation Worker will begin on November 7, 2007. 1995. The information collection was Identification Credential (TWIC) for the Enrollment in Beaumont and Oakland previously published in the Federal Ports of Honolulu, HI; Baton Rouge, LA; will begin on November 8, 2007. The Register on August 14, 2007, at 72 FR Tacoma, WA; Beaumont, TX, and 45440. The notice allowed for a 60-day Coast Guard will publish a separate Oakland, CA. public comment period. USCIS received notice in the Federal Register indicating DATES: TWIC enrollment in Honolulu, one comment from the public. The when facilities within the Captain of the Baton Rouge, and Tacoma will begin on comment and response to the comment Port Zone Honolulu, including those in November 7, 2007; TWIC enrollment in are addressed in item 8 of the the Port of Honolulu, HI; Captain of the Beaumont and Oakland will begin on supporting statement. November 8, 2007. Port Zone Baton Rouge, including those The purpose of this notice is to allow in the Port of Baton Rouge, LA; Captain an additional 30 days for public ADDRESSES: You may view published of the Port Zone Puget Sound, including documents and comments concerning comments. Comments are encouraged those in the Port of Tacoma, WA; the TWIC Final Rule, identified by the and will be accepted until December 6, Captain of the Port Zone Port Arthur, docket numbers of this notice, using any 2007. This process is conducted in accordance with 5 CFR 1320.10. one of the following methods. including those in the Port of Beaumont, Written comments and/or suggestions (1) Searching the Federal Docket TX; and Captain of the Port Zone San Francisco Bay, including those in the regarding the item(s) contained in this Management System (FDMS) Web page notice, especially regarding the at http://www.regulations.gov; Port of Oakland, CA must comply with the portions of the final rule requiring estimated public burden and associated (2) Accessing the Government response time, should be directed to the Printing Office’s Web page at http:// TWIC to be used as an access control measure. That notice will be published Department of Homeland Security www.gpoaccess.gov/fr/index.html; or (DHS), USCIS, Chief, Regulatory at least 90 days before compliance is (3) Visiting TSA’s Security Management Division, Clearance Office, required. Regulations Web page at http:// 111 Massachusetts Avenue, 3rd floor, www.tsa.gov and accessing the link for To obtain information on the pre- Washington, DC 20529. Comments may ‘‘Research Center’’ at the top of the page. enrollment and enrollment process, and also be submitted to DHS via facsimile FOR FURTHER INFORMATION CONTACT: enrollment locations, visit TSA’s TWIC to 202–272–8352 or via e-mail at James Orgill, TSA–19, Transportation Web site at http://www.tsa.gov/twic. [email protected], and to the OMB USCIS Security Administration, 601 South Issued in Arlington, Virginia, on November Desk Officer via facsimile at 202–395– 12th Street, Arlington, VA 22202–4220. 1, 2007. 6974 or via e-mail at Transportation Threat Assessment and [email protected]. Credentialing (TTAC), TWIC Program, Stephen Sadler, When submitting comments by e-mail (571) 227–4545; e-mail: Director, Maritime and Surface Credentialing, please make sure to add OMB Control [email protected]. Office of Transportation Threat Assessment Number 1615–0013 in the subject box. and Credentialing, Transportation Security Background Written comments and suggestions from Administration. the public and affected agencies should The Department of Homeland [FR Doc. E7–21801 Filed 11–5–07; 8:45 am] address one or more of the following Security (DHS), through the United BILLING CODE 9110–05–P four points: States Coast Guard and the (1) Evaluate whether the proposed Transportation Security Administration collection of information is necessary (TSA), issued a joint final rule (72 FR for the proper performance of the 3492; January 25, 2007) pursuant to the functions of the agency, including Maritime Transportation Security Act whether the information will have (MTSA), Public Law 107–295, 116 Stat. practical utility; 2064 (November 25, 2002), and the (2) Evaluate the accuracy of the Security and Accountability for Every agencies estimate of the burden of the

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proposed collection of information, DEPARTMENT OF HOUSING AND information to be collected; and (4) including the validity of the URBAN DEVELOPMENT Minimize the burden of the collection of methodology and assumptions used; information on those who are to [Docket No. FR–5122–03] (3) Enhance the quality, utility, and respond; including through the use of clarity of the information to be Notice of Proposed Information appropriate automated collection collected; and Collection: Comment Request; techniques or other forms of information Application for Healthy Homes and technology, e.g., permitting electronic (4) Minimize the burden of the submission of responses. collection of information on those who Lead Hazard Control Grant Programs and Quality Assurance Plans This Notice also lists the following are to respond, including through the information: use of appropriate automated, AGENCY: Office of Healthy Homes and Title of Proposal: Application for electronic, mechanical, or other Lead Hazard Control, HUD. Healthy Homes and Lead Hazard technological collection techniques or ACTION: Notice. Control Grant Programs and Quality other forms of information technology, Assurance Plans. e.g., permitting electronic submission of SUMMARY: The proposed information OMB Control Number, if applicable: responses. collection requirement described below 2539–0015. Overview of this information will be submitted to the Office of Description of the need for the collection: Management and Budget (OMB) for information and proposed use: review, as required by the Paperwork (1) Type of Information Collection: This information collection is Reduction Act. The Department is required in conjunction with the Revision of an existing information soliciting public comments on the collection. issuance of Notices of Funding subject proposal. Availability for approximately (2) Title of the Form/Collection: DATES: Comments Due Date: January 7, $150,000,000 for Healthy Homes and Application for Travel Document. 2008. Lead Hazard Control Programs that are (3) Agency form number, if any, and ADDRESSES: Interested persons are authorized under Title X of the Housing the applicable component of the invited to submit comments regarding and Community Development Act of Department of Homeland Security this proposal. Comments should refer to 1992, Public Law 102–550, section sponsoring the collection: Form I–131. the proposal by name and/or OMB 1011, and other legislation. U.S. Citizenship and Immigration Control Number and should be sent to: After the award of grants, HUD’s Services. Lillian Deitzer, Reports Management Office of Healthy Homes and Lead (4) Affected public who will be asked Officer, Department of Housing and Hazard Control requires its Healthy or required to respond, as well as brief Urban Development, 451 7th Street, Homes Demonstration, Healthy Homes abstract: Primary: Individuals or SW., Room 4178, Washington, DC Technical Studies grantees, and Lead households. Certain aliens, namely 20410, e-mail [email protected], Technical Studies grantees which are permanent or conditional residents, telephone number (202) 708–2374, conducting research or significant refugees or asylees and aliens abroad extension 8048 (this is not a toll-free evaluation activities, to submit a Quality use this information collection to apply number. Hearing-or-speech-impaired Assurance Plan (QAP) to the Office for for a travel document to lawfully enter persons may access the numbers above approval before they initiate data or reenter the United States. and below via TTY by calling the toll- collection. This requirement also free Federal Information Relay Service applies to Office of Healthy Homes and (5) An estimate of the total number of at 1–800–877–8339. Lead Hazard Control contractors who respondents and the amount of time FOR FURTHER INFORMATION CONTACT: conduct such research or evaluation estimated for an average respondent to Devasia Karimpanal, Senior Technical activities. This requirement has been respond: 164,103 responses at 1 hour Assistance Specialist, Department of established because quality assurance and 55 minutes per response. Housing and Urban Development, 451 procedures ensure the accuracy and (6) An estimate of the total public 7th Street, SW., Room 8236, validity of data. The use of quality burden (in hours) associated with the Washington, DC 20410; e-mail assurance plan templates helps to collection: 3,117,957 annual burden [email protected], ensure that quality assurance activities hours. telephone (202) 402–7682. are well planned and thorough, and If you have additional comments, SUPPLEMENTARY INFORMATION: The standardizes the formatting of the plans, suggestions, or need a copy of the Department will submit the proposed which aids both the respondents in plan information collection instrument, information collection to OMB for development and HUD staff in their please visit the USCIS Web site at: review, as required by the Paperwork review. The use of different templates http://www.regulations.gov/fdmspublic/ Reduction Act of 1995 (44 U.S.C. for technical studies and demonstration component/main. We may also be Chapter 35, as amended). projects was designed to reduce contacted at: USCIS, Regulatory This Notice is soliciting comments respondent burden by requiring more Management Division, 111 from members of the public and affected detailed information only for the Massachusetts Avenue, NW., 3rd floor, agencies concerning the proposed technical studies (research) projects, Suite 3008, Washington, DC 20529, collection of information to: (1) Evaluate consistent with their more rigorous telephone number 202–272–8377. whether the proposed collection of quality assurance requirements. information is necessary for the proper Agency form numbers, if applicable: Dated: October 31, 2007. performance of the functions of the HUD 96008, 96012, 96013, 960014, Stephen Tarragon agency, including whether the 96015, and standard grant forms. Deputy Chief, Regulatory Management information will have practical utility; Total Burden Estimate (annual): Division, U.S. Citizenship and Immigration (2) Evaluate the accuracy of the agency’s Application Development: Number of Services, Department of Homeland Security. estimate of the burden of the proposed respondents: 330; frequency of [FR Doc. E7–21704 Filed 11–5–07; 8:45 am] collection of information; (3) Enhance responses: 1; hours per response: 25; BILLING CODE 4410–10–P the quality, utility, and clarity of the burden hours: 8250.

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Award of Grant: Number of • The original terms and conditions Wildlife Service (‘‘we’’) solicits review respondents: 80; frequency of responses: of the lease; and comment from local, State, and 1; hours per response: 15; burden hours: • The increased rental of $10 per Federal agencies, and the public on the 1200. acre; following permit requests. Before Quality Assurance Plan: Number of • The increased royalty of 162⁄3 including your address, phone number, respondents: 20; Frequency of response: percent or 4 percentages above the e-mail address, or other personal 1; Hours per response: 24; Total Burden existing competitive royalty rate; and identifying information in your Hours: 480. • The $163 cost of publishing this comment, you should be aware that Grand total of estimated burden Notice. your entire comment—including your hours: 9930. FOR FURTHER INFORMATION CONTACT: personal identifying information—may Status of the proposed information Karen L. Johnson, Chief, Fluids be made publicly available at any time. collection: This is a revision of a Adjudication Section, BLM Montana While you can ask us in your comment currently approved collection. State Office, 5001 Southgate Drive, to withhold your personal identifying Members of Affected Public: Potential Billings, Montana 59101–4669, 406– information from public review, we applicants include State, tribal, local 896–5098. cannot guarantee that we will be able to governments, not-for-profit institutions do so. and for-profit firms located in the U.S. Dated: October 31, 2007. state and units of general local Karen L. Johnson, Permit No. TE–028605 government, and federally recognized Chief, Fluids Adjudication Section. Applicant: SWCA Environmental Native American Tribes. [FR Doc. E7–21769 Filed 11–5–07; 8:45 am] Consultants, Flagstaff, Arizona. Additional Information: The BILLING CODE 4310–$$–P The applicant requests an amendment obligation to respond to this information to take (harass by survey) the Yuma collection is required to obtain or retain clapper rail (Rallus longirostris benefits. DEPARTMENT OF THE INTERIOR yumanensis) in conjunction with surveys in California for the purpose of Authority: Section 3506 of the Paperwork Fish and Wildlife Service Reduction Act of 1995, 44 U.S.C. Chapter 35, enhancing its survival. as amended. Endangered Species Recovery Permit Permit No. TE–166495 Dated: October 29, 2007. Applications Applicant: Pacific Municipal Jon L. Gant, AGENCY: Fish and Wildlife Service, Consultants, Rancho Cordova, Director, Office of Healthy Homes and Lead Interior. California. Hazard Control. ACTION: Notice of receipt of permit [FR Doc. 07–5499 Filed 11–5–07; 8:45 am] The applicant requests a permit to applications; request for comment. take (capture, and collect and kill) the BILLING CODE 4210–67–M Conservancy fairy shrimp (Branchinecta SUMMARY: We invite the public to conservatio), the longhorn fairy shrimp comment on the following applications (Branchinecta longiantenna), the DEPARTMENT OF THE INTERIOR to conduct certain activities with Riverside fairy shrimp (Streptocephalus [MT–922–08–1310–FI–P; MTM 93133] endangered species. wootoni), the San Diego fairy shrimp DATES: Comments on these permit (Branchinecta sandiegonensis), and the Notice of Proposed Reinstatement of applications must be received on or vernal pool tadpole shrimp (Lepidurus Terminated Oil and Gas Lease MTM before December 6, 2007. packardi) in conjunction with surveys 93133 ADDRESSES: Written data or comments throughout the range of each species in should be submitted to the U.S. Fish AGENCY: Bureau of Land Management, California for the purpose of enhancing and Wildlife Service, Endangered Interior. their survival. Species Program Manager, California ACTION: Notice. and Nevada Operations (CNO), 2800 Permit No. TE–067990 SUMMARY: Per 30 U.S.C. 188(d), Cottage Way, Room W–2606, Applicant: Barbie Dugan, Morro Bay, Klabzuba Oil & Gas, Inc. timely filed a Sacramento, California, 95825 California. petition for reinstatement of oil and gas (telephone: 916–414–6464; fax: 916– The applicant requests an amendment lease MTM 93133, Blaine County, 414–6486). Please refer to the respective take (relocate) the Morro shoulderband Montana. The lessee paid the required permit number for each application snail (Helminthoglypta walkeriana) in rental accruing from the date of when submitting comments. All conjunction with habitat enhancement termination. comments received, including names projects in San Luis Obispo County, No leases were issued that affect these and addresses, will become part of the California for the purposes for lands. The lessee agrees to new lease official administrative record and may enhancing its survival. terms for rentals and royalties of $10 per be made available to the public. Permit No. TE–166383 acre and 162⁄3 percent or 4 percentages FOR FURTHER INFORMATION CONTACT: above the existing competitive royalty Daniel Marquez, Fish and Wildlife Applicant: Bureau of Land Management, rate. The lessee paid the $500 Biologist, at the above CNO address, Hollister, California. administration fee for the reinstatement (telephone: 760–431–9440; fax: 760– The applicant requests a permit take of the lease and $163 cost for publishing 431–9624). (harass by survey, capture, handle, and this Notice. SUPPLEMENTARY INFORMATION: The release) the California tiger salamander The lessee met the requirements for following applicants have applied for (Ambystoma californiense) in reinstatement of the lease per Sec. 31(d) scientific research permits to conduct conjunction with surveys throughout and (e) of the Mineral Leasing Act of certain activities with endangered Contra Costa, Alameda, Santa Clara, San 1920 (30 U.S.C. 188). We are proposing species pursuant to section 10(a)(1)(A) Mateo, Santa Cruz, San Benito, to reinstate the lease, effective the date of the Endangered Species Act (16 Monterey, San Joaquin, Stanislaus, of termination subject to: U.S.C. 1531 et. seq.). The U.S. Fish and Merced, and Fresno Counties,

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California, for the purpose of enhancing Permit No. TE–166940 surveys and monitoring throughout the its survival. Applicant: Heather C. Baker, Fresno, range of the species in California, for the Permit No. TE–166357 California. purpose of enhancing its survival. Applicant: Lee Ann Carranza, The applicant requests a permit to Permit No. TE–167075 Capistrano Beach, California. take (capture, and collect and kill) the Applicant: Davinna L. Ohlson, San Jose, The applicant requests a permit to Conservancy fairy shrimp (Branchinecta California. take (capture, and collect and kill) the conservatio), the longhorn fairy shrimp Conservancy fairy shrimp (Branchinecta (Branchinecta longiantenna), the The applicant requests a permit to conservatio), the longhorn fairy shrimp Riverside fairy shrimp (Streptocephalus take (capture, and collect and kill) the (Branchinecta longiantenna), the wootoni), the San Diego fairy shrimp Conservancy fairy shrimp (Branchinecta Riverside fairy shrimp (Streptocephalus (Branchinecta sandiegonensis), and the conservatio), the longhorn fairy shrimp wootoni), the San Diego fairy shrimp vernal pool tadpole shrimp (Lepidurus (Branchinecta longiantenna), the (Branchinecta sandiegonensis), and the packardi) in conjunction with surveys Riverside fairy shrimp (Streptocephalus throughout the range of each species in vernal pool tadpole shrimp (Lepidurus wootoni), the San Diego fairy shrimp California for the purpose of enhancing packardi) in conjunction with surveys (Branchinecta sandiegonensis), and the their survival. throughout the range of each species in vernal pool tadpole shrimp (Lepidurus California for the purpose of enhancing Permit No. TE–068745 packardi) in conjunction with surveys their survival. Applicant: Jeffrey T. Wilcox, Berkely, throughout the range of each species in Permit No. TE–166393 California. California for the purpose of enhancing their survival. Applicant: Peter C. Trenham, Davis, The applicant requests a permit take California. (harass by survey, capture, handle, and We solicit public review and The applicant requests a permit take release) the California tiger salamander comment on each of these recovery (harass by survey, capture, handle, (Ambystoma californiense) in permit applications. Our practice is to attach transmitters, and release) the conjunction with surveys throughout make comments, including names and California tiger salamander (Ambystoma Contra Costa, Alameda, Santa Clara, San home addresses of respondents, californiense) in conjunction with Mateo, Santa Cruz, San Benito, available for public review during ecological research and population Monterey, San Joaquin, Stanislaus, regular business hours. Individual monitoring throughout Alameda, Contra Merced, and Fresno Counties, respondents may request that we Costa, Kern, Madera, Merced, Monterey, California, for the purpose of enhancing withhold their home addresses from the Sacramento, San Benito, San Mateo, its survival. record, which we will honor to the Santa Clara, Solano, Sonoma, Tulare, Permit No. TE–067992 extent allowable by law. There also may and Yolo Counties, California, for the be circumstances in which we would purpose of enhancing its survival. Applicant: Daniel S. Dugan, Morro Bay, withhold from the record a respondent’s California. Permit No. TE–787644 identity, as allowable by law. If you The applicant requests an amendment wish us to withhold your name and/or Applicant: William J. Vanherweg, San to take (survey, capture, and release) the address, you must state this Luis Obispo, California. tidewater goby (Eucyclogobius prominently at the beginning of your newberryi) in conjunction with surveys The applicant requests a permit to comment, but you should be aware that for the purpose of enhancing their take (capture and release) the Tipton we may be required to disclose your kangaroo rat (Dipodomys nitratoides survival throughout the range of the name and address pursuant to the nitratoides), Fresno kangaroo rat species in California. Freedom of Information Act. However, (Dipodomys nitratoides exilis), Giant Permit No. TE–832717 we will not consider anonymous kangaroo rat (Dipodomys ingens), Morro Bay kangaroo rat (Dipodomys Applicant: Rodrick Dossey, San Diego, comments. We will make all heermanni), and the San Joaquin kit fox California. submissions from organizations or businesses, and from individuals (Vulpes macrotis mutica) in conjunction The applicant requests an amendment with surveys throughout the range of the to remove/reduce to possession identifying themselves as species in California for the purpose of Astragalus aristulatum var. parishii representatives or officials of enhancing their survival. (San Diego button celery), Pogogyne organizations or businesses, available for public inspection in their entirety. Permit No. TE–009015 abramsii (San Diego mesa mint), Pogogyne nudiuscula (Otay mesa mint), Comments and materials received will Applicant: Jason Berkley, Chino, Orcuttia californica (California Orcutt be available for public inspection, by California. grass), and Cordylanthus maritimus ssp. appointment, during normal business The applicant requests an amendment Maritimus (salt marsh bird’s beak) from hours at the above address. to take (survey, capture, and release) the Federal lands in conjunction with Dated: October 31, 2007. San Bernardino kangaroo rat surveys in San Diego and Imperial Michael Fris, (Dipodomys merriami parvus), Counties, California, for the purpose of unarmored threespine stickleback enhancing their survival. Acting Manager, California and Nevada Operations, Sacramento, California. (Gasterosteus aculeatus williamsoni), Permit No. TE–085260 mountain yellow-legged frog (Rana [FR Doc. E7–21768 Filed 11–5–07; 8:45 am] muscosa), and California tiger Applicant: Jeff Steinman, San Francisco, BILLING CODE 4310–55–P salamander (Ambystoma californiense) California. in conjunction with surveys for the The applicant requests an amendment purpose of enhancing their survival to take (harass by survey, and nest throughout the range of the species in monitor) the least Bell’s vireo (Vireo California. bellii pusillus) in conjunction with

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DEPARTMENT OF THE INTERIOR media, newspapers and BLM Web site 100 mega-watts (MW) (Ivanpah 1), 100 (http://www.ca.blm.gov/needles) at least MW (Ivanpah 2) and 200 MW (Ivanpah Bureau of Land Management 15 days prior to the event. Comments on 3). The site is located in Townships 16 [CACA 48668; CA–690–07–5101–ER–B240] issues, potential impacts, or suggestions and 17 North, Range 14 East, San for additional alternatives may also be Bernardino Meridian, and is Notice of Intent to Prepare a Joint submitted in writing to the address approximately 4.5 miles southwest of Environmental Impact Statement and listed below. In order to be included in Primm, Nevada. It is anticipated that the Final Staff Assessment, and Amend the Draft EIS all comments must be energy output of the plants will serve the California Desert Conservation received prior to the close of the scoping California and assist the state in meeting Area Plan; California period or 15 days after the last public its renewable energy portfolio standards meeting, whichever is later. Additional and goals. These concentrating solar AGENCY: Bureau of Land Management, opportunities for public participation plants would utilize distributed power Interior. and formal comment will occur when tower and heliostat (mirror) technology, ACTION: Notice of Intent. the Draft EIS/Preliminary Staff in which heliostat fields focus solar Assessment is issued. energy on power tower receivers near SUMMARY: In compliance with the the center of each heliostat array. The National Environmental Policy Act of ADDRESSES: Comments and other total 400 MW project would incorporate 1969 (NEPA), as amended, and the correspondence should be sent to the 13 power towers and approximately California Environmental Quality Act BLM Needles Office, attention George R. 272,000 heliostats (each is 7 square (CEQA), the Department of the Interior, Meckfessel, Planning and meters in size). Each of the three Bureau of Land Management (BLM), Environmental Coordinator, Needles proposed plants would have an together with the California Energy Field Office, 1303 South U.S. Highway individual power block with steam Commission (CA EC), intend to prepare 95, Needles, California, 92363–4228, or turbine, an air-cooled condenser, an Environmental Impact Statement/ by fax at (760) 326–7099 or by e-mail at switchyard, and a generation tie-line. Final Staff Assessment (EIS/FSA), on [email protected] attention Ivanpah The three plants would share access the impacts of the Ivanpah Solar Electric SEGS. Documents pertinent to this roads, two groundwater wells and water Generating System (Ivanpah SEGS), proposal, including comments of lines, an administrative/maintenance consisting of three concentrating solar- respondents, will be available for public complex, a new substation, and a new powered steam/electricity generating review at the BLM Needles Field Office 5.3 mile natural gas pipeline. The plants and related facilities, and a during regular business hours of 7:30 shared facilities would be constructed proposed land use plan amendment to a.m. to 4 p.m., Monday through Friday, in the first phase. The plants would be the 1980 California Desert Conservation excluding holidays. Before including interconnected to the Southern Area (CDCA) Plan, as amended. The your address, telephone number, e-mail California Edison (SCE) grid by SCE Ivanpah SEGS is proposed by Solar address, or other personal identifying through upgrades to SCE’s 115 kV line Partners I, LLC; Solar Partners, II, LLC; information in your comment, you passing through the site and a new Solar Partners IV, LLC; Solar Partners should be aware that your entire substation. The three plants would take VIII,LLC; collectively the Applicants. comment—including your personal approximately 4 years to construct, and The Applicants have requested a right- identifying information—may be made are expected to operate at last 50 years. of-way (ROW) for each of three solar publicly available at any time. While Construction of the project is power plants and a ROW for related you can ask us in your comment to anticipated to begin in the first quarter shared facilities on approximately 3,400 withhold your personal identifying of 2009, with construction being contiguous acres of public lands in San information from public review, we completed in the last quarter of 2012. Bernardino County, approximately 4.5 cannot guarantee that we will be able to do so. All submissions from BLM will consider approval of the miles southwest of Primm, Nevada. The proposed Project in a manner that avoid organizations, businesses, and from EIS will analyze the site-specific or reduces impacts to public lands. This individuals identifying themselves as impacts to the environment from the action responds to federal law and representatives or officials of proposed grant of the ROWs and amend BLM’s policy allowing the use of public organizations or businesses will be the CDCA Plan to permit this site- lands for renewable energy, specifically made available for public inspection in specific use of the CDCA. The CA EC is section 211 of the Energy Policy Act of their entirety. the lead State of California agency for 2005 (119 Stat. 594, 660) and BLM’s the licensing of thermal power plants FOR FURTHER INFORMATION CONTACT: For Solar Energy Development Policy, over 50 MW and compliance with the further information and/or to have your which was issued on April 4, 2007, and requirements of CEQA. name added to our mailing list, contact established a framework to process DATES: This notice initiates the public George R. Meckfessel, Planning and applications for ROWs and directs the participation and scoping processes for Environmental Coordinator, Needles BLM to be responsive to solar energy the EIS. A public scoping period of at Field Office, 1303 South U.S. Highway project applicants while protecting the least 30 days and at least one public 95, Needles, California 92363–4228, environment. The CDCA Plan and the meeting will be announced through the (760) 326–7008, fax (760) 326–7099, or Federal Land Policy Management Act of _ local news media, newspapers, and e-mail George [email protected]. 1976 (FLPMA) both recognize that the BLM’s Web page (http:// SUPPLEMENTARY INFORMATION: Solar CDCA will be managed for multiple www.ca.blm.gov/needles). During the Partners I, LLC, Solar Partners II, LLC, uses, including solar energy. public scoping period the BLM will Solar Partners IV, LLC and Solar BLM must take into consideration solicit public comment on issues, Partners VIII, LLC have applied for state law when granting ROWs. Current concerns and opportunities that should individual ROWs on public lands to California state laws and policy require be considered in the analysis of the develop three solar thermal power the increased use of renewable energy proposed action. The BLM expects to plants and related shared facilities in and established the California hold at least one public meeting and close proximity on approximately 3,400 Renewable Portfolio Standard Program, information about that meeting will be acres. The proposed projects would be under which the percentage of announced through the local news constructed in three phases, as follows, electricity generated by publicly owned

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utilities in California must increase to ACTION: Notice of Availability (NOA) of for ‘‘energy-related purposes or for other 20% by 2010 and 33% by 2017. the Final Programmatic Environmental authorized marine-related purposes,’’ to The site selection study for the Impact Statement (EIS). the extent such activities are not proposed solar plants and related otherwise authorized by other SUMMARY: The MMS has prepared a final applicable law. Such activities may facilities was conducted in 2006–07. programmatic EIS in support of the include, but are not limited to: Offshore Several sites were identified as being establishment of a program for aquaculture, research, education, suitable for this form of concentrating authorizing alternative energy and recreation, and support for offshore solar technology. The EIS/FSA will alternate use activities on the Outer operations and facilities. describe and analyze the proposed Continental Shelf (OCS), as authorized This programmatic EIS analyzes the project as proposed and will include: (1) by Section 388 of the Energy Policy Act environmental impacts from potential BLM measures to avoid, minimize, or of 2005 (EPAct), and codified in activities that may arise from the mitigate impacts on the environment; subsection 8(p) of the Outer Continental establishment of an alternative energy (2) A smaller plant alternative; (3) The Shelf Lands Act (OCSLA). Pursuant to and alternate use program on the OCS ‘‘No Action’’ alternative (no new solar the regulations implementing the in the reasonably foreseeable future, power generation facility); and (4) National Environmental Policy Act defined in the EIS as 5–7 years. The Alternative site locations for (NEPA), the MMS is announcing the MMS chose to prepare this constructing and operating Ivanpah availability of this final programmatic programmatic EIS to assist its efforts to SEGS. Through public scoping BLM EIS. As part of its efforts to develop a develop a comprehensive program and expects to identify various issues, regulatory program for alternative to complete the proposed rule. The potential impacts and mitigation energy and alternate use activities, this programmatic EIS analyzes the potential measures. As proposed, the solar plants final programmatic EIS examines the environmental impacts that could result have been sited to take advantage of potential environmental effects of the from the development of alternative high solarity, to be located in areas program on the OCS and identifies energy and alternative use projects on identified in the CDCA Plan as suitable policies and best management practices the OCS and identifies potential for wind and solar development, and to that may be adopted for the program. mitigation measures. As such, the avoid special status species habitat. The Several alternatives available to the programmatic EIS process: plants are dry-cooled to reduce water MMS for implementing an alternative (1) Provides for public input, through consumption and would be located near energy and alternate use program on the scoping meetings, hearings, and written OCS are analyzed in this final existing gas and electric transmission comments, concerning the scope of programmatic EIS, including the ‘‘no facilities to reduce land disturbance. national issues associated with offshore action’’ alternative. alternative energy and alternate use BLM has identified a potential list of The MMS intends to prepare a issues that will need to be addressed in activities; separate NEPA analysis, tiered from this (2) Identifies, defines, and assesses this analysis including but not limited EIS, to evaluate the environmental generic environmental impacts to: Air quality; social and economic impacts of the proposed rule for associated with potential offshore impacts, including impacts to the public alternative energy and alternate use alternative energy and alternate use from traffic; ground and surface water activities on the OCS. Further, separate activities to increase the agency quantity and quality impacts; plant and lease sale, activity-specific, and understanding of the environmental animal species including special status proposal-specific NEPA analyses will be consequences of future actions; species; cultural resources; visual prepared as appropriate. (3) Evaluates and proposes policies resource impacts; and land tenure Authority: The NOA is published pursuant and best management practices that may adjustment (grazing and mining). If to the regulations (40 CFR 1506.6) be adopted for any rulemaking by MMS; approved, these solar energy projects on implementing the provisions of the National and, public lands would be authorized in Environmental Policy Act (NEPA) of 1969 as (4) Establishes a foundation for future accordance with the FLMPA and the amended (42 U.S.C. 4321 et seq. (1988)). NEPA analyses required for the federal regulations at Title 43 Code of SUPPLEMENTARY INFORMATION: Section implementation of the alternative Federal Regulations 2800. 388 of the EPAct, granted the Secretary energy and alternate use program. (Authority: 43 CFR part 1712 and 43 CFR of the U.S. Department of the Interior The preferred alternative of this final Part 1761). (Secretary) discretionary authority to programmatic EIS combines elements of issue leases, easements, or rights-of-way the proposed action and the ‘‘case-by- Dated: October 31, 2007. for activities on the OCS that produce or case’’ alternative. This combination J. Anthony Danna, support production, transportation, or provides MMS flexibility to issue and Deputy State Director, Natural Resources transmission of energy from sources manage leases, easements, or rights-of- (CA–930). other than oil and gas, and are not way on the OCS for alternative energy [FR Doc. E7–21762 Filed 11–5–07; 8:45 am] otherwise authorized by other and alternate use activities during the BILLING CODE 4310–40–P applicable law. The Secretary delegated rulemaking process. Areas of the OCS this authority to the MMS. Examples of that are assessed in this programmatic the general types of alternative energy EIS are limited to those not expressly DEPARTMENT OF THE INTERIOR project activities that MMS has the excluded under Section 388 of the discretion to authorize may include, but EPAct, such as any areas on the OCS Minerals Management Service are not limited to: Wind energy, wave within the exterior boundaries of any energy, ocean current energy, solar unit of the National Park System, Alternative Energy and Alternate Use energy, and hydrogen production. National Wildlife Refuge System, Final Programmatic Environmental The MMS has also been delegated National Marine Sanctuary System, or Impact Statement discretionary authority to issue leases, any National Monument. easements, or rights-of-way for other EIS Availability: To obtain a single AGENCY: Minerals Management Service OCS project activities that make printed or CD–ROM copy of the final (MMS), Interior. alternate use of existing OCS facilities programmatic EIS, you may contact the

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Minerals Management Service, (1) Commenting electronically using authority was delegated from the Environmental Assessment Branch (MS the MMS Public Connect online Secretary to the MMS Director on March 4042), 381 Elden Street, Herndon, commenting system (https:// 20, 2006. This Notice pertains only to Virginia 20170. An electronic copy of ocsconnect.mms.gov). the activities covered in (1) above. the final programmatic EIS is available (2) Mailing your comments to the The MMS is developing an at the MMS’s EIS Web site at: following address: Minerals Alternative Energy and Alternate Use ocsenergy.anl.gov. Management Service, Offshore Minerals (AEAU) program and associated FOR FURTHER INFORMATION CONTACT: Management, Alternative Energy and regulations. We also are analyzing the Minerals Management Service, Mr. Alternate Use Team, 381 Elden Street, environmental consequences of James F. Bennett, Environmental Herndon, Virginia 20170–4817. establishing an AEAU program in a Division, 381 Elden Street, Herndon, FOR FURTHER INFORMATION CONTACT: Programmatic Environmental Impact Virginia 20170, (703) 787–1660. Ms. Maureen Bornholdt, Minerals Statement (PEIS) being prepared Management Service, Offshore Minerals pursuant to the National Environmental Dated: October 25, 2007. Management, 381 Elden Street, Policy Act (NEPA). The MMS began the Robert P. LaBelle, Herndon, Virginia 20170–4817, (703) rulemaking process by issuing an Acting Associate Director for Offshore 787–1300, Mail Stop 4080. Advance Notice of Proposed Minerals Management. SUPPLEMENTARY INFORMATION: Public Rulemaking on December 30, 2005. The [FR Doc. E7–21792 Filed 11–5–07; 8:45 am] Comment Policy. Before including your MMS started the preparation of the PEIS BILLING CODE 4310–MR–P address, phone number, e-mail address, with a Notice of Intent issued on May or other personal identifying 5, 2006. Subsequently, we held scoping information in your submission, you meetings around the country in Spring DEPARTMENT OF THE INTERIOR should be aware that your entire 2006, issued a draft PEIS for comment on March 21, 2007, and held hearings Minerals Management Service submission—including your personal identifying information—may be made on the draft PEIS in Spring 2007. The Request for Information and publicly available at any time. While MMS issued its final PEIS on November Nominations of Areas for Leases you may ask us in your comment to 6, 2007. Later this year, the MMS will Authorizing Alternative Energy withhold your personal identifying issue its Record of Decision on the PEIS Resource Assessment and Technology information from public review, we and plans to publish a Notice of Testing Activities Pursuant to cannot guarantee that we will be able to Proposed Rulemaking. This Notice is Subsection 8(p) of the Outer do so. not part of the rulemaking process. Continental Shelf Lands Act, as The MMS will protect privileged or While the MMS is developing the Amended confidential information that you AEAU program, we have adhered to a submit as allowed by the Freedom of policy of not considering proposals for AGENCY: Minerals Management Service Information Act (FOIA). Exemption 4 of new alternative energy projects until (MMS), Interior. FOIA applies to trade secrets and after completion of the PEIS and ACTION: Request for information and commercial or financial information issuance of a final rulemaking. During nominations. that is privileged or confidential. If you this time, we have proceeded with wish to protect the confidentiality of environmental analyses under NEPA on SUMMARY: The Minerals Management such information that you submit, only two projects identified in the Service (MMS) invites comments clearly mark it and request that the ‘‘savings provision’’ included as section concerning the authorization of MMS treat it as confidential. The MMS 388(d) of the Energy Policy Act of 2005. activities on the Outer Continental Shelf will not disclose such information, Interim Policy for Authorization of (OCS) involving the installation of subject to the standards of FOIA. Resource Data Collection and meteorological or marine data collection However, the MMS will not treat as Technology Testing Facilities. Among facilities to assess alternative energy confidential any aggregate summaries of the first steps of alternative energy resources (e.g., wind, wave, and ocean such information or comments not project development is the collection of current) or to test alternative energy containing such information. Please resource data. Such data are often technology to produce or support label privileged or confidential required by component manufacturers, production of alternative energy. The information ‘‘Contains Confidential such as wind turbine suppliers, and by MMS intends to adopt an interim policy Information’’ and consider submitting financial backers. Thus, initial site to authorize such facilities (e.g., such information as a separate assessment activities, such as meteorological towers or wave and attachment to your comments. meteorological tower installation and current data collection instruments and Background. The Energy Policy Act of operation, are properly considered a wave or current generators or other 2005 amended the OCS Lands Act by first phase of commercial alternative developing technology) under adding subsection 8(p), which energy production on the OCS. subsection 8(p) of the OCS Lands Act, authorizes the Secretary of the Interior Similarly, activities involving the as amended by section 388 of the Energy to grant a lease, easement or right-of- installation and operation of facilities to Policy Act of 2005. Parties wishing to way on the OCS for activities that are test alternative energy generating obtain such authorizations should not otherwise authorized by the OCS technologies advance the development submit detailed and specific nomination Lands Act or other existing law and that of an alternative industry offshore and and application information as (1) produce or support production, support the ultimate deployment of described below. transportation, or transmission of energy commercial-scale alternative energy DATES: The MMS requests comments by from sources other than oil or gas; or (2) production on the OCS. For these January 7, 2008. We will begin review use for energy-related purposes or for reasons, installation and operation of on that date and consider all comments other authorized marine-related resource data collection and technology received by that time. purposes, facilities currently or testing facilities on the OCS are deemed ADDRESSES: You may submit your previously used for activities authorized by the MMS to support production of comments by one of two methods: under the OCS Lands Act. This alternative energy and therefore leases

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for this activity are authorized under construction and placement of Protection Act, the Rivers and Harbors subsection 8(p) of the OCS Lands Act. associated structures on the OCS lease Act, the Clean Air and Water Acts, and The MMS is initiating this interim area. Such leases would have a limited U.S. Coast Guard and Federal Aviation policy under which resource data term and would confer no priority rights Administration requirements). A NEPA collection facilities, such as to subsequently develop an alternative review of potential environmental meteorological towers and wave and energy facility on the OCS for generating impacts will be conducted for each current data collection instruments, and electricity or other produced energy for lease, and appropriate restrictions and technology testing facilities, such as commercial sale or distribution. The mitigation measures may be applied. wave and current turbines, could be MMS proposes a lease term of 5 years. Unless otherwise authorized by the considered and authorized for Any subsequent MMS authorizations for Director, any facilities constructed on installation and operation on the OCS commercial alternative energy facilities the lease must be removed when the before promulgation of final rules. Many would be processed independently in lease expires, and removal of facilities stakeholders—including coastal states, accordance with subsection 8(p) of the must be accomplished in a manner alternative energy project proponents, OCS Lands Act and the associated approved by the MMS. The MMS will nongovernmental organizations, and the implementing regulations currently in require an annual rental payment for general public—have commented to the development by the MMS. However, the each lease and proposes that the rental MMS, recommending that OCS initial lease term may be extended at the amount be $3.00 per acre. Also, the alternative energy resource assessment discretion of the MMS if the lessee MMS will require lessees to meet activities be authorized expeditiously. demonstrates that more time is needed appropriate financial assurance The MMS wishes to be responsive and to conduct data collection or technology requirements to guarantee compliance believes that significant benefits would testing activities. The size of each lease with all terms and conditions of the accrue to both the stakeholders and the issued would be designed to lease. The specific terms and conditions Federal Government if we expedite the accommodate the activities proposed, of this authorization, including plan ability to acquire resource data and but multiple facilities in noncontiguous information, rental payments and technology testing results to inform areas would require separate leases. financial assurance requirements, will future decision-making with respect to As required by subsection 8(p)(3) of be set forth in the lease instrument, a the AEAU program. the OCS Lands Act, leases for draft of which will be published for This interim policy would not apply alternative energy resource assessment public review and comment. The draft to project proposals for the installation and technology testing must be issued lease instrument may include the of turbines or other energy generating on a competitive basis unless the MMS clauses listed below. devices associated with the commercial determines, after public notice, that development of alternative energy there is no competitive interest. The 1. Rights of Lessee. resources on the OCS (i.e., sale or MMS will consider nominations and 2. Reservations to Lessor. distribution for compensation). Projects other information received in response 3. Effective Date and Lease Term (5 that MMS is currently evaluating to this notice to evaluate competitive years proposed). pursuant to the ‘‘savings provision’’ of interest in leases for alternative energy 4. Designation of Operator. Section 388 of the Energy Policy Act of resource assessment and technology 5. Applicable Statutes and Regulations. 2005 would not be affected or limited by testing. In cases where we determine 6. Rentals ($3.00 per acre proposed). this interim policy. Thus, any that there is competitive interest in the 7. Notice of Commencement and authorization issued under the interim same geographic area, we may conduct Termination of Activities. policy would be limited in scope to the a competitive auction (lease sale). 8. Project Plan. installation of meteorological, marine, Otherwise, we may proceed to issue 9. Compliance. or other resource data collection leases noncompetitively on a case-by- 10. Progress Reports. facilities and associated data collection case basis. The MMS will use criteria, 11. Confidentiality of Information. activities and the installation and such as complexity of facilities, 12. Inspections. operation of technology testing proposed installation dates, and 13. Violations, Suspensions and facilities. Offshore wind turbine available MMS resources to oversee Cancellations. technologies will not be authorized for such projects, in setting priorities and 14. Liability of Lessee. technology testing through this interim determining the number of applications 15. Security. policy. we will consider. As required by 16. Assignment or Transfer of Lease. The interim policy would be in effect subsection 8(p)(7) of the OCS Lands Act, 17. Surrender of Lease. until the MMS promulgates final rules the MMS will coordinate and consult 18. Removal of Property and Restoration for the AEAU program, at which time all with the Governor of any State or the of the Leased Area on Termination. AEAU program activities will be executive of any local government that 19. Debarment Compliance. regulated under those rules. However, may be affected by a lease issued under 20. Notices. the MMS may limit the number of the interim policy. Leases issued under this interim authorizations under this interim The installation of resource data policy will grant the lessee exclusive policy. Parties wishing to receive collection and technology testing rights to conduct the activities authorizations for data collection facilities will require the submission of identified in the lease on the designated activities and technology testing may a plan describing the proposed OCS lease area. However, the MMS is continue to submit requests under the construction, operation, and removal of not restricted from, and may consider, interim policy until the final rules are the facility, which will be subject to authorizing other activities on the same in place. MMS review before authorization of the area of the OCS that do not impede on Leases. Under this interim policy the proposed activities. Each lease and or interfere with the original lessee’s MMS would issue limited-term leases associated activities must comply fully exclusive rights under its lease. authorizing data collection activities with all applicable laws and regulations Applicability. In accordance with and technology testing in support of (e.g., NEPA, the Coastal Zone subsection 8(p)(10) of the OCS Lands alternative energy production subject to Management Act, the Endangered Act, data collection and technology obtaining necessary approvals for Species Act, the Marine Mammal testing activities may not be authorized

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within the exterior boundaries of any authorization you are interested in The public record for this investigation unit of the National Park System, acquiring? may be viewed on the Commission’s National Wildlife Refuge System, or (4) Is the rental rate of $3.00 per acre electronic docket (EDIS) at http:// National Marine Sanctuary System, or appropriate? edis.usitc.gov. Hearing-impaired any National Monument. Also, any (5) How much acreage should be persons are advised that information on request for authorization of data authorized for the types of activities this matter can be obtained by collection or technology testing proposed and how should leases for contacting the Commission’s TDD activities in the areas of Nantucket such activities be appropriately spaced terminal on (202) 205–1810. Sound off Massachusetts and off Jones (i.e., inclusion of buffers)? SUPPLEMENTARY INFORMATION: The Beach, Long Island, New York, would (6) How should the MMS define Commission instituted this investigation be considered by the MMS to determine technology testing activities and what on March 26, 2007, based on a what impact any such authorizations specific types of activities should be complaint filed by Microsoft would have on projects that are authorized by technology testing leases? Corporation (‘‘Microsoft’’) of Redmond, currently being evaluated by MMS Should technology testing leases Washington. 72 FR 14138–9. The pursuant to the ‘‘savings provision’’ accommodate projects that would complaint, as amended and included as section 388(d) of the Energy require a transmission cable to connect supplemented, alleges violations of Policy Act of 2005. to onshore interconnection points? section 337 of the Tariff Act of 1930, as Information Requested From Dated: October 25, 2007. amended, 19 U.S.C. **1337, in the Commenters Randall B. Luthi, importation into the United States, the As the MMS proposes to authorize on Director, Minerals Management Service. sale for importation, and the sale within a limited basis the installation of data [FR Doc. E7–21793 Filed 11–5–07; 8:45 am] the United States after importation of certain unified communications collection and technology testing BILLING CODE 4310–MR–P facilities to produce or support systems, products used with such production of alternative energy on the systems, and components thereof by OCS, we invite all interested and reason of infringement of certain claims INTERNATIONAL TRADE of U.S. Patent Nos. 6,421,439 (‘‘the ‘439 affected parties to provide comments on COMMISSION any aspect of the interim policy. We patent’’); 6,430,289 (‘‘the ‘289 patent’’); also would appreciate responses to the [Investigation No. 337–TA–598] 6,263,064 (‘‘the ‘064 patent’’); and questions posed below. 6,728,357 (‘‘the ‘357 patent’’). The (1) Would you be interested in In the Matter of Certain Unified complaint further alleges the existence acquiring an alternative energy resource Communications Systems, Products of a domestic industry. The assessment lease or technology testing Used With Such Systems, and Commission’s notice of investigation lease as proposed under the interim Components Thereof; Notice of named Alcatel-Lucent of Paris, France policy? If so, please identify the Commission Decision Not To Review as the only respondent. resource(s) you would want to assess an Initial Determination Granting On April 20, 2007, Microsoft initially (e.g., wind, wave, current) and the Complainant’s Motion To Amend the moved to amend the complaint to: (1) technology you would want to test and Complaint Substitute Alcatel Business Systems for provide a general description of the type Alcatel-Lucent as respondent in this AGENCY: U.S. International Trade and number of installations or investigation, and (2) add allegations of Commission. technologies you would use, infringement of claims 8, 28, 38, and 48 prospective locations, and a project ACTION: Notice. of the ‘439 patent, and claim 20 of the schedule for the activities you would ‘064 patent. Alcatel-Lucent, proposed SUMMARY: Notice is hereby given that propose to pursue. The MMS requests respondent Alcatel Business Systems, the U.S. International Trade and the Commission investigative respondents to identify prospective Commission has determined not to locations by depicting them on Official attorney did not oppose the motion. review an initial determination (‘‘ID’’) On May 17 and September 20, 2007, Protraction Diagrams (Leasing Maps for (Order No. 19) of the presiding areas off Texas and Louisiana) available respectively, the Commission administrative law judge (‘‘ALJ’’) determined not to review IDs, issued by from each MMS regional office and granting complainant’s motion to amend online at http://www.mms.gov/ld/ the presiding ALJ, granting Microsoft’s the complaint in the above-captioned motions to amend the complaint and to Maps.htm. For areas such as those off investigation. Hawaii and Alaska that have terminate the investigation in part based nonexistent or incomplete Official FOR FURTHER INFORMATION CONTACT: on Microsoft’s withdrawal of certain Protraction Diagrams, please identify Clint Gerdine, Esq., Office of the claims. On October 23, 2007, the prospective locations by latitude and General Counsel, U.S. International Commission determined not to review longitude (NAD 83). If you submit such Trade Commission, 500 E Street, SW., an ID granting Microsoft’s withdrawal of nomination and application Washington, DC 20436, telephone (202) additional claims. information, please provide the name, 708–2310. Copies of non-confidential On October 12, 2007, respondent filed telephone number, and e-mail address documents filed in connection with this an unopposed motion to further amend of an individual for the MMS to contact. investigation are or will be available for the complaint to reflect a corporate (2) Would you be willing to inspection during official business name change from Alcatel Business collaborate and enter into joint ventures hours (8:45 a.m. to 5:15 p.m.) in the Systems to Alcatel-Lucent Enterprise. with other prospective lessees who Office of the Secretary, U.S. On October 15, 2007, the ALJ issued express interest in acquiring the same International Trade Commission, 500 E the subject ID granting respondent’s location for an alternative energy Street, SW., Washington, DC 20436, motion to amend the complaint. No resource assessment or technology telephone (202) 205–2000. General party petitioned for review of the ID testing lease? information concerning the Commission pursuant to 19 CFR 210.43(a). The (3) What would be an appropriate may also be obtained by accessing its Commission has determined not to lease term (duration) for the Internet server at http://www.usitc.gov. review this ID.

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The authority for the Commission’s DEPARTMENT OF JUSTICE —Minimize the burden of the collection determination is contained in section of information on those who are to 337 of the Tariff Act of 1930, as [OMB Number 1123–NEW] respond, including through the use of amended, 19 U.S.C. 1337, and in Criminal Division; Asset Forfeiture and appropriate automated, electronic, sections 210.14 and 210.42(c) of the Money Laundering Section; Agency mechanical, or other technological Commission’s Rules of Practice and Information Collection Activities: collection techniques or other forms Procedure, 19 CFR 210.14, 210.42(c). Proposed Collection; Comments of information technology, e.g., Requested permitting electronic submission of Issued: October 25, 2007. responses. By order of the Commission. ACTION: 30-Day Notice of Information Marilyn R. Abbott, Overview of This Information Collection Under Review: Annual Collection Secretary to the Commission. Certification Report and Equitable [FR Doc. E7–21757 Filed 11–5–07; 8:45 am] Sharing Agreement. (1) Type of Information Collection: BILLING CODE 7020–02–P Authorization and combination of two The Department of Justice (DOJ), currently unapproved collections. Criminal Division, Asset Forfeiture and (2) Title of the Form/Collection: INTERNATIONAL TRADE Money Laundering Section (AFMLS) Annual Certification Report and COMMISSION will be submitting the following Equitable Sharing Agreement. information collection request to the (3) Agency form number, if any, and [USITC SE–07–022] Office of Management and Budget the applicable component of the (OMB) for review and approval in Department of Justice sponsoring the Sunshine Act Meeting accordance with the Paperwork collection: Form Number: N/A. Criminal Reduction Act of 1995. The proposed Division, Asset Forfeiture and Money information collection is published to AGENCY HOLDING THE MEETING: United Laundering Section. obtain comments from the public and States International Trade Commission. (4) Affected public who will be asked affected agencies. This proposed or required to respond, as well as a brief Time and Date: November 9, 2007 at information collection was previously abstract: Primary: Law Enforcement 11 a.m. published in the Federal Register Agencies that participate in the Federal Place: Room 101, 500 E Street SW., Volume 72, Number 190, pages 56095– Equitable Sharing Program. Other: Washington, DC 20436, Telephone: 56096 on October 2, 2007, allowing for None. The form is part of a voluntary (202) 205–2000. a 60-day comment period. program in which law enforcement The purpose of this notice is to allow Status: Open to the public. agencies receive forfeited assets and for an additional 30 days for public proceeds to further law enforcement Matters To Be Considered: comment until December 6, 2007. This operations. The participating law 1. Agenda for future meetings: none. process is conducted in accordance with enforcement agencies must account for 5 CFR 1320.10. 2. Minutes. their use of program funds on an annual Written comments and/or suggestions basis and renew their contract of 3. Ratification List. regarding the items contained in this participation. DOJ uses this information 4. Inv. Nos. 731–TA–1131–1134 notice, especially the estimated public to ensure that the funds are spent in (Preliminary) (Polyethylene burden and associated response time, accordance with the requirements of the Terephthalate (PET) Film, Sheet, and should be directed to the Office of program. Strip from Brazil, China, Thailand, and Management and Budget, Office of (5) An estimate of the total number of the United Arab Emirates)—briefing and Information and Regulatory Affairs, respondents and the amount of time vote. (The Commission is currently Attention Department of Justice Desk estimated for an average respondent to scheduled to transmit its determinations Officer, Washington, DC 20503. respond: It is estimated that 8,729 to the Secretary of Commerce on or Additionally, comments may be respondents will complete a 30 minute submitted to OMB via facsimile to (202) before November 13, 2007; form. 395–5806. Commissioners’ opinions are currently (6) An estimate of the total public Written comments and suggestions scheduled to be transmitted to the burden (in hours) associated with the from the public and affected agencies collection: Secretary of Commerce on or before concerning the proposed collection of (7) There are an estimated 43,652 November 20, 2007.) information are encouraged. Your annual total burden hours associated 5. Outstanding action jackets: none. comments should address one or more with this collection. of the following four points: In accordance with Commission If additional information is required policy, subject matter listed above, not —Evaluate whether the proposed contact: Lynn Bryant, Department disposed of at the scheduled meeting, collection of information is necessary Clearance Officer, United States may be carried over to the agenda of the for the proper performance of the Department of Justice, Policy and following meeting. functions of the agency, including Planning Staff, Justice Management whether the information will have Division, Suite 1600, Patrick Henry Issued: October 29, 2007. practical utility; By order of the Commission. Building, 601 D Street, NW., —Evaluate the accuracy of the agencies Washington, DC 20530. William R. Bishop, estimate of the burden of the Dated: October 31, 2007. Hearings and Meetings Coordinator. proposed collection of information, Lynn Bryant, [FR Doc. E7–21736 Filed 11–5–07; 8:45 am including the validity of the methodology and assumptions used; Department Clearance Officer, PRA, United BILLING CODE 7020–02–P —Enhance the quality, utility, and States Department of Justice. clarity of the information to be [FR Doc. E7–21813 Filed 11–5–07; 8:45 am] collected; and BILLING CODE 4410–14–P

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DEPARTMENT OF JUSTICE —Enhance the quality, utility, and (6) An estimate of the total burden (in clarity of the information to be hours) associated with the collection: Bureau of Alcohol, Tobacco, Firearms collected; and The total burden for ATF F 5630.5R and and Explosives —Minimize the burden of the collection ATF F 5630.5RC is 933 hours. The total [OMB Number 1140–0090] of information on those who are to burden for ATF F 5630.7 is 50 hours. respond, including through the use of The estimated total public burden Agency Information Collection appropriate automated, electronic, associated with this information Activities: Proposed Collection; mechanical, or other technological collection is 983 hours. Comments Requested collection techniques or other forms If additional information is required of information technology, e.g., contact: Lynn Bryant, Department ACTION: 30-Day Notice of Information permitting electronic submission of Clearance Officer, United States Collection Under Review: ATF F responses. Department of Justice, Policy and 5630.5R, NFA Special Tax Renewal Planning Staff, Justice Management Registration and Return, ATF F Overview of This Information Division, Suite 1600, Patrick Henry 5630.5RC, NFA Special Tax Location Collection Building, 601 D Street NW., Registration Listing, ATF F 5630.7, NFA (1) Type of Information Collection: Washington, DC 20530. Special Tax Registration and Return Extension of a currently approved Dated: October 31, 2007. National Firearms Act. collection. Lynn Bryant, The Department of Justice (DOJ), (2) Title of the Form/Collection: ATF Department Clearance Officer, PRA. United Bureau of Alcohol, Tobacco, Firearms F 5630.5R, NFA Special Tax Renewal States Department of Justice. and Explosives (ATF) will be submitting Registration and Return, ATF F [FR Doc. E7–21812 Filed 11–5–07; 8:45 am] the following information collection 5630.5RC, NFA Special Tax Location BILLING CODE 4410–FY–P request to the Office of Management and Registration Listing, ATF F 5630.7, NFA Budget (OMB) for review and approval Special Tax Registration and Return in accordance with the Paperwork National Firearms Act. DEPARTMENT OF JUSTICE (3) Agency form number, if any, and Reduction Act of 1995. The proposed Office of Justice Programs information collection is published to the applicable component of the obtain comments from the public and Department of Justice sponsoring the [OMB Number 1121–NEW] affected agencies. This proposed collection: Form Number: ATF F information collection was previously 5630.5R, ATF F 5630.5RC, ATF F Agency Information Collection published in the Federal Register 5630.7. Bureau of Alcohol, Tobacco, Activities: Proposed Collection; Volume 72, Number 166, page 49314– Firearms and Explosives. Comments Requested 49315 on August 28, 2007, allowing for (4) Affected public who will be asked or required to respond, as well as a brief ACTION: 30-day Notice of Information a 60-day comment period. Collection Under Review: Identity Theft The purpose of this notice is to allow abstract: Primary: Business or other for- Supplement (ITS) to the National Crime for an additional 30 days for public profit. Other: None. Abstract: ATF F Victimization Survey (NCVS). comment December 6, 2007. This 5630.7, NFA Special Tax Registration process is conducted in accordance with and Return National Firearms Act is The Department of Justice (DOJ), 5 CFR 1320.10. completed and returned by businesses Office of Justice Programs, Bureau of Written comments and/or suggestions that are subject to Special Occupational Justice Statistics will be submitting the regarding the items contained in this Taxes under the National Firearms Act following information collection request notice, especially the estimated public for either initial tax payment or business to the Office of Management and Budget burden and associated response time, information changes. This form serves (OMB) for review and approval in should be directed to The Office of as both a return and a business accordance with the Paperwork Management and Budget, Office of registration. ATF F 5630.5R, NFA Reduction Act of 1995. The proposed Information and Regulatory Affairs, Special Tax Renewal Registration and information collection is published to Attention Department of Justice Desk Return and ATF F 5630.5RC, NFA obtain comments from the public and Officer, Washington, DC 20503. Special Tax Location Registration affected agencies. This proposed Additionally, comments may be Listing are preprinted forms sent to information collection was previously submitted to OMB via facsimile to (202) taxpayers for Special Occupation Taxes published in the Federal Register 395–7285. under the National Firearms Act. Volume 72, Number 1677, pages 49732– Written comments and suggestions Taxpayers validate/correct the 49733 on month, August 29, 2007, from the public and affected agencies information and send the forms back allowing for a 60 day comment period. concerning the proposed collection of with payment for the applicable tax The purpose of this notice is to allow information are encouraged. Your year. for an additional 30 days for public comments should address one or more (5) An estimate of the total number of comment until December 6, 2007. This of the following four points: respondents and the amount of time process is conducted in accordance with —Evaluate whether the proposed estimated for an average respondent to 5 CFR 1320.10. collection of information is necessary respond: It is estimated that 2,800 Written comments and/or suggestions for the proper performance of the taxpayers will complete forms ATF F regarding the items contained in this functions of the agency, including 5630.5R and ATF F 5630.5RC in notice, especially the estimated public whether the information will have approximately 20 minutes (10 minutes burden and associated response time, practical utility; for each form). It is also estimated that should be directed to the Office of —Evaluate the accuracy of the agencies’ 200 new taxpayers will complete ATF F Management and Budget, Office of estimate of the burden of the 5630.7 in its entirety in approximately Information and Regulatory Affairs, proposed collection of information, 15 minutes. The total number of Attention Department of Justice Desk including the validity of the respondents for this information Officer, Washington, DC 20503. methodology and assumptions used; collection is 3,000. Additionally, comments may be

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submitted to OMB via facsimile to (202) estimate the average length of the ITS environment. In accordance with 29 395–5806. Written comments and interview for these individuals will be CFR 11.11(d) and 40 CFR 1501.4(e)(2), suggestions from the public and affected 0.05 hours (three minutes). The a preliminary FONSI for the new Job agencies concerning the proposed complement of this group of Corps Center was published in the June collection of information are respondents are those who had such 18, 2007 Federal Register (72 FR Page encouraged. Your comments should experienced identity theft. According to 33534–33535). No comments were address one or more of the following the estimates by the Federal Trade received regarding the preliminary four points: Commission, we expect about 6 percent FONSI. OSEC has reviewed the —Evaluate whether the proposed or 3,764 of the respondents to report conclusion of the environmental collection of information is necessary being a victim of identity theft during assessment (EA), and agrees with the for the proper performance of the the two years preceding the interview. finding of no significant impact. This functions of the agency, including We estimate each of these interviews notice serves as the Final Finding of No whether the information will have will take 0.25 hours (15 minutes) to Significant Impact for the new Job Corps practical utility; complete. Center north of Roosevelt Highway —Evaluate the accuracy of the agencies (6) An estimate of the total public between Washington Road and estimate of the burden of the burden (in hours) associated with the Interstate 285 in College Park, Georgia. proposed collection of information, collection: The total respondent burden The preliminary FONSI and the EA are including the validity of the is approximately 3,891 hours. adopted in final with no change. methodology and assumptions used; If additional information is required DATES: Effective Date: These findings are —Enhance the quality, utility, and contact: Lynn Bryant, Department effective as of August 2, 2007. clarity of the information to be Deputy Clearance Officer, United States FOR FURTHER INFORMATION CONTACT: collected; and Department of Justice, Justice Michael F. O’Malley, Architect, Unit —Minimize the burden of the collection Management Division, Policy and Chief of Facilities, U.S. Department of of information on those who are to Planning Staff, United States Labor, Office of the Secretary (OSEC), respond, including through the use of Department of Justice, Patrick Henry 200 Constitution Avenue, NW., Room appropriate automated, electronic, Building, Suite 1600, 601 D Street NW, N–4460, Washington, DC 20210, (202) mechanical, or other technological Washington, DC 20530. 693–3108 (this is not a toll-free collection techniques or other forms Dated: October 31, 2007. number). of information technology, e.g., Lynn Bryant, Dated: October 31, 2007. permitting electronic submission of Department Clearance Officer, PRA, United Esther R. Johnson, responses. States Department of Justice. National Director of Job Corps. Overview of this information: [FR Doc. E7–21776 Filed 11–5–07; 8:45 am] [FR Doc. E7–21709 Filed 11–5–07; 8:45 am] BILLING CODE 4410–18–P (1) Type of information collection: BILLING CODE 4510–23–P New collection. (2) Title of the Form/Collection: Identity Theft Supplement (ITS) to the DEPARTMENT OF LABOR DEPARTMENT OF LABOR National Crime Victimization Survey. (3) Agency form number, if any, and Office of the Secretary Employment and Training the applicable component of the Administration department sponsoring the collection: Job Corps: Final Finding of No ITS–1. Bureau of Justice Statistics, Significant Impact (FONSI) for the Investigations Regarding Certifications Office of Justice Programs, Department Proposed Job Corps Center To Be of Eligibility To Apply for Worker of Justice. Located North of Roosevelt Highway Adjustment Assistance and Alternative (4) Affected public who will be asked Between Washington Road and Trade Adjustment Assistance Interstate 285 in College Park, GA or required to respond, as well as a brief Petitions have been filed with the abstract. Primary: Persons 16 years or AGENCY: Office of the Secretary (OSEC), Secretary of Labor under section 221 (a) older in NCVS sampled households in Department of Labor. of the Trade Act of 1974 (‘‘the Act’’) and the United States. The Identity Theft ACTION: Final Finding of No Significant are identified in the Appendix to this Supplement (ITS) to the National Crime Impact (FONSI) for the proposed Job notice. Upon receipt of these petitions, Victimization Survey collects, analyzes, Corps Center to be located north of the Director of the Division of Trade publishes, and disseminates statistics on Roosevelt Highway between Adjustment Assistance, Employment the prevalence, economic cost, and Washington Road and Interstate 285 in and Training Administration, has consequences of identity theft on College Park, Georgia. instituted investigations pursuant to victims. section 221 (a) of the Act. (5) An estimate of the total number of SUMMARY: Pursuant to the Council on The purpose of each of the respondents and the amount of time Environmental Quality Regulations (40 investigations is to determine whether estimated for an average respondent to CFR part 1500–08) implementing the workers are eligible to apply for respond/reply: Approximately 62,730 procedural provisions of the National adjustment assistance under Title II, persons 18 years of age or older will Environmental Policy Act (NEPA), the Chapter 2, of the Act. The investigations complete an ITS interview. The majority Department of Labor, Office of the will further relate, as appropriate, to the of respondents, approximately 58,970 Secretary (OSEC), in accordance with 29 determination of the date on which total will be administered only the screening CFR 11.11(d), gives final notice of the or partial separations began or portion of the ITS which are designed proposed construction of a new Job threatened to begin and the subdivision to filter out those people who have not Corps Center north of Roosevelt of the firm involved. been victims of repetitive harassing or Highway between Washington Road and The petitioners or any other persons unwanted contacts and therefore are not Interstate 285 in College Park, Georgia, showing a substantial interest in the eligible to continue with the remainder and that this construction will not have subject matter of the investigations may of the supplement questions. We a significant adverse impact on the request a public hearing, provided such

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request is filed in writing with the Adjustment Assistance, at the address Department of Labor, Room C–5311, 200 Director, Division of Trade Adjustment shown below, not later than November Constitution Avenue, NW., Washington, Assistance, at the address shown below, 16, 2007. DC 20210. not later than November 16, 2007. The petitions filed in this case are Signed at Washington, DC, this 31st day of Interested persons are invited to available for inspection at the Office of October 2007. submit written comments regarding the the Director, Division of Trade Ralph DiBattista, subject matter of the investigations to Adjustment Assistance, Employment Director, Division of Trade Adjustment the Director, Division of Trade and Training Administration, U.S. Assistance.

APPENDIX—TAA PETITIONS INSTITUTED BETWEEN 10/22/07 AND 10/26/07

Subject firm Date of Date of TA–W (petitioners) Location institution petition

62332 ...... Hartmann (Comp) ...... Lebanon, TN ...... 10/22/07 10/19/07 62333 ...... Liberty Fibers Corporation (Comp) ...... Lowland, TN ...... 10/22/07 10/22/07 62334 ...... Mammoth, Inc. (Wkrs) ...... Chaska, MN ...... 10/22/07 10/15/07 62335 ...... Krizman International (Comp) ...... Mishawaka, IN ...... 10/22/07 10/18/07 62336 ...... Fabtek Corporation/Div. of Blount Inter- Menominee, MI ...... 10/22/07 10/08/07 national Inc (State). 62337 ...... Robert Bosch Corporation (State) ...... Saint Joseph, MI ...... 10/22/07 10/19/07 62338 ...... Wire Rope Corporation of America (WRC) St. Joseph, MO ...... 10/22/07 10/17/07 (Wkrs). 62339 ...... Teleplan Wireless (State) ...... Chanhassen, MN ...... 10/23/07 10/22/07 62340 ...... Commonwealth Land Title Co. (Wkrs) ...... Martinez, CA ...... 10/23/07 10/16/07 62341 ...... Nortel, Inc. (Wkrs) ...... Research Triangle Park, NC ...... 10/23/07 10/17/07 62342 ...... Georgia Pacific West, Inc. (UBCJA) ...... Bellingham, WA ...... 10/23/07 10/19/07 62343 ...... Parametric Technology Corporation (State) Arden Hills, MN ...... 10/23/07 10/22/07 62344 ...... Black and Decker Industrial Products Group Jackson, TN ...... 10/23/07 10/22/07 (Comp). 62345 ...... Marathon USA, LLC (Comp) ...... Medford, OR ...... 10/23/07 10/17/07 62346 ...... McConway & Torley Corporation (Union) .... Kutztown, PA ...... 10/24/07 10/27/07 62347 ...... Alliance Title (Wkrs) ...... Campbell, CA ...... 10/24/07 10/12/07 62348 ...... Madison (Wkrs) ...... Sumter, SC ...... 10/24/07 10/16/07 62349 ...... Texas Instruments Incorporated (Comp) ...... Dallas, TX ...... 10/24/07 10/22/07 62350 ...... Hewlett-Packard, Inkjet Supplies Business Boise, ID ...... 10/24/07 10/23/07 (Comp). 62351 ...... Black and Decker Inc. (Comp) ...... Decatur, AR ...... 10/24/07 10/23/07 62352 ...... Weyerhaeuser Company (State) ...... Ironton, MN ...... 10/24/07 10/23/07 62353 ...... Hewlett-Packard (State) ...... Fort Collins, CO ...... 10/24/07 10/23/07 62354 ...... GDX North America (USW) ...... Wabash, IN ...... 10/24/07 10/22/07 62355 ...... Hawley Products Inc. (Comp) ...... Paducah, KY ...... 10/24/07 10/23/07 62356 ...... Wachovia (Wkrs) ...... Glen Allen, VA ...... 10/25/07 10/24/07 62357 ...... WestPoint Home—Stores Division (Comp) .. Valley, AL ...... 10/25/07 10/22/07 62358 ...... Pelican Company LLC (State) ...... Winnsboro, LA ...... 10/25/07 10/24/07 62359 ...... Custom Inlay, Inc. (Comp) ...... Caneyville, KY ...... 10/25/07 10/16/07 62360 ...... GE Aviation (Comp) ...... Corona, CA ...... 10/26/07 10/24/07 62361 ...... Millward Brown/Kantar Operations (Wkrs) ... Rock Island, IL ...... 10/26/07 10/25/07 62362 ...... Meadwestvaco Custom Papers, LLC South Lee, MA ...... 10/26/07 10/24/07 (Comp). 62363 ...... Tweel Home Furnishings (State) ...... Rock Hill, SC ...... 10/26/07 10/25/07 62364 ...... Boston Communications Group (Wkrs) ...... Bedford, MA ...... 10/26/07 10/25/07 62365 ...... WestPoint Home (Comp) ...... Biddeford, ME ...... 10/26/07 10/24/07 62366 ...... Curves (Comp) ...... Berlin, NH ...... 10/26/07 10/26/07 62367 ...... Rochwell Automation (Comp) ...... Dublin, GA ...... 10/26/07 10/25/07 62368 ...... G-Tech Professional Staffing (State) ...... Wixom, MI ...... 10/26/07 10/09/07

[FR Doc. E7–21742 Filed 11–5–07; 8:45 am] investigation was initiated on October Signed at Washington, DC this 29th day of BILLING CODE 4510–FN–P 23, 2007 in response to a worker October 2007. petition filed by a company official on Richard Church, behalf of workers at Marathon USA, Certifying Officer, Division of Trade DEPARTMENT OF LABOR LLC, Medford, Oregon. Adjustment Assistance. Employment and Training The petitioner has requested that the [FR Doc. E7–21741 Filed 11–5–07; 8:45 am] Administration petition be withdrawn. Consequently, BILLING CODE 4510–FN–P the investigation has been terminated. [TA–W–62,345]

Marathon USA, LLC, Medford, OR; Notice of Termination of Investigation Pursuant to section 221 of the Trade Act of 1974, as amended, an

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DEPARTMENT OF LABOR Competitive conditions within the employee of the Dallas, Texas facility of industry are adverse. RF Monolithics, Inc. located in Employment and Training Gillsville, Georgia. Ms. Elizabeth Conclusion Administration Johnson provided sales support services After careful review of the additional for the production of electronic low- [TA–W–61,769] facts obtained on reconsideration, I power components that is produced at conclude that increased imports of the Dallas, Texas location of the subject Renfro Corporation, Hot Sox articles like or directly competitive with firm. Warehouse, Secaucus, NJ; Notice of those produced at Renfro Corporation, Based on these findings, the Revised Determination on Hot Sox Warehouse, Secaucus, New Department is amending this Reconsideration Jersey, contributed importantly to the certification to include an employee of By letter dated September 6, 2007, a declines in sales or production and to the Dallas, Texas facility of RF company official requested the total or partial separation of workers Monolithics, Inc. located in Gillsville, administrative reconsideration by the at the subject firm. In accordance with Georgia. The intent of the Department’s U.S. Department of Labor (the the provisions of the Act, I make the certification is to include all workers of Department) of the Negative following certification: RF Monolithics, Inc., Dallas, Texas who Determination Regarding Eligibility to All workers of Renfro Corporation, Hot Sox were adversely affected by increased Apply for Worker Adjustment Warehouse, Secaucus, New Jersey, who company imports. Assistance and Alternative Trade became totally or partially separated from The amended notice applicable to Adjustment Assistance, applicable to employment on or after June 28, 2006, TA–W–61,705 is hereby issued as workers and former workers of Renfro through two years from the date of this follows: certification, are eligible to apply for All workers of RF Monolithics, Inc., Dallas, Corporation, Hot Sox Warehouse, adjustment assistance under Section 223 of Texas (TA–W–61,705), including an Secaucus, New Jersey (the subject firm). the Trade Act of 1974, and are eligible to employee in support of RF Monolithics, Inc., The Department’s determination was apply for alternative trade adjustment issued on August 8, 2007. The Dallas, Texas located in Gillsville, Georgia assistance under Section 246 of the Trade Act (TA–W–61,705A), who became totally or Department’s Notice of determination of 1974. partially separated from employment on or was published in the Federal Register Signed at Washington, DC this 24th day of after June 18, 2006, through July 13, 2009, are on August 27, 2007 (72 FR 49024). October 2007. eligible to apply for adjustment assistance The negative determination was based under Section 223 of the Trade Act of 1974, Elliott S. Kushner, on the Department’s findings that the and are also eligible to apply for alternative subject workers, who are engaged in the Certifying Officer, Division of Trade trade adjustment assistance under Section Adjustment Assistance. packaging and distribution of socks 246 of the Trade Act of 1974. [FR Doc. E7–21746 Filed 11–5–07; 8:45 am] produced abroad, are not engaged in Signed at Washington, DC this 29th day of employment related to the production of BILLING CODE 4510–FN–P October 2007. an article within the meaning of Section Linda G. Poole, 222(a)(2) of the Trade Act of 1974 (the DEPARTMENT OF LABOR Certifying Officer, Division of Trade Act) and do not support a firm or Adjustment Assistance. appropriate subdivision that produces Employment and Training [FR Doc. E7–21745 Filed 11–5–07; 8:45 am] an article domestically. The Department Administration BILLING CODE 4510–FN–P concluded that the workers cannot be considered import impacted or affected [TA–W–61,705; TA–W–61,705A] by a shift in production of an article. DEPARTMENT OF LABOR RF Monolithics, Inc., Dallas, TX; In the request for reconsideration, the Including an Employee of RF company official provided additional Employment and Training Monolithics, Inc., Dallas, TX Located in information that showed that the subject Administration Gillsville, GA; Amended Certification workers are engaged in activity related Regarding Eligibility To Apply for Notice of Determinations Regarding to the production of packaged socks. Worker Adjustment Assistance and Eligibility To Apply for Worker During the reconsideration Alternative Trade Adjustment Adjustment Assistance and Alternative investigation, the Department confirmed Assistance Trade Adjustment Assistance that the subject firm ceased operations and obtained new information that In accordance with Section 223 of the In accordance with section 223 of the increased imports of articles like or Trade Act of 1974 (19 U.S.C. 2273), and Trade Act of 1974, as amended (19 directly competitive with the packaged Section 246 of the Trade Act of 1974 (26 U.S.C. 2273) the Department of Labor socks produced by the subject workers U.S.C. 2813), as amended, the herein presents summaries of contributed importantly to workers’ Department of Labor issued a determinations regarding eligibility to separations. Certification of Eligibility to Apply for apply for trade adjustment assistance for In accordance with Section 246 the Worker Adjustment Assistance and workers (TA–W) number and alternative Trade Act of 1974 (26 U.S.C. 2813), as Alternative Trade Adjustment trade adjustment assistance (ATAA) by amended, the Department herein Assistance on July 13, 2007, applicable (TA–W) number issued during the presents the results of its investigation to workers of RF Monolithics, Inc., period of October 22 through October regarding certification of eligibility to Dallas, Texas. The notice was published 26, 2007. apply for ATAA. The Department has in the Federal Register on July 26, 2007 In order for an affirmative determined in this case that the group (72 FR 41088). determination to be made for workers of eligibility requirements of Section 246 At the request of the State agency, the a primary firm and a certification issued have been met. Department reviewed the certification regarding eligibility to apply for worker A significant number of workers at the for workers of the subject firm. New adjustment assistance, each of the group firm are age 50 or over and possess information shows that a worker eligibility requirements of section 222(a) skills that are not easily transferable. separation has occurred involving an of the Act must be met.

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I. Section (a)(2)(A) all of the following certification of eligibility to apply for Affirmative Determinations for Worker must be satisfied: trade adjustment assistance benefits and Adjustment Assistance and Alternative A. A significant number or proportion such supply or production is related to Trade Adjustment Assistance of the workers in such workers’ firm, or the article that was the basis for such The following certifications have been an appropriate subdivision of the firm, certification; and issued. The date following the company have become totally or partially (3) Either— name and location of each separated, or are threatened to become (A) the workers’ firm is a supplier and determination references the impact totally or partially separated; the component parts it supplied for the date for all workers of such B. the sales or production, or both, of firm (or subdivision) described in determination. such firm or subdivision have decreased paragraph (2) accounted for at least 20 The following certifications have been absolutely; and percent of the production or sales of the issued. The requirements of section C. increased imports of articles like or workers’ firm; or 222(a)(2)(A) (increased imports) and directly competitive with articles (B) a loss or business by the workers’ section 246(a)(3)(A)(ii) of the Trade Act produced by such firm or subdivision firm with the firm (or subdivision) have been met. have contributed importantly to such described in paragraph (2) contributed workers’ separation or threat of importantly to the workers’ separation TA–W–62,292; Storeroom Solutions, separation and to the decline in sales or or threat of separation. Working On-Site at Wheatland production of such firm or subdivision; In order for the Division of Trade Tube Co., Little Rock, AR: October or Adjustment Assistance to issue a 11, 2006. II. Section (a)(2)(B) both of the certification of eligibility to apply for TA–W–61,915; Vanson Leathers, Inc., following must be satisfied: Alternative Trade Adjustment Fall River, MA: August 1, 2006. TA–W–62,123; Aeroteck, Workers On- A. A significant number or proportion Assistance (ATAA) for older workers, Site at Delphi Corp., Automotive of the workers in such workers’ firm, or the group eligibility requirements of Holdings Group, Instrument an appropriate subdivision of the firm, section 246(a)(3)(A)(ii) of the Trade Act Cluster, Flint, MI: September 4, have become totally or partially must be met. separated, or are threatened to become 1. Whether a significant number of 2006. TA–W–62,143; Defiance Precision totally or partially separated; workers in the workers’ firm are 50 Products, Defiance, OH: September B. there has been a shift in production years of age or older. by such workers’ firm or subdivision to 2. Whether the workers in the 13, 2006. TA–W–62,146; Drivesol Worldwide, Inc., a foreign country of articles like or workers’ firm possess skills that are not Lyons, OH: September 7, 2006. directly competitive with articles which easily transferable. TA–W–62,154; Taylor Togs, Inc., are produced by such firm or 3. The competitive conditions within Taylorsville, NC: September 17, subdivision; and the workers’ industry (i.e., conditions 2006. C. One of the following must be within the industry are adverse). satisfied: TA–W–62,204; Lenox, Inc., A Subsidiary 1. The country to which the workers’ Affirmative Determinations for Worker of Lenox Group, Inc., Pomona, NJ: firm has shifted production of the Adjustment Assistance May 25, 2007. articles is a party to a free trade The following certifications have been The following certifications have been agreement with the United States; issued. The date following the company issued. The requirements of section 2. the country to which the workers’ name and location of each 222(a)(2)(B) (shift in production) and firm has shifted production of the determination references the impact section 246(a)(3)(A)(ii) of the Trade Act articles to a beneficiary country under date for all workers of such have been met. the Andean Trade Preference Act, determination. TA–W–62,051; Actown Electrocoil, Inc., African Growth and Opportunity Act, or The following certifications have been A Division of Actuant Corp., Spring the Caribbean Basin Economic Recovery issued. The requirements of section Grove, IL: August 23, 2006. Act; or 222(a)(2)(A) (increased imports) of the TA–W–62,089; The Hershey Company, 3. there has been or is likely to be an Trade Act have been met. Naugatuck Plant, On-Site Leased increase in imports of articles that are None. Workers of Hudson Global, like or directly competitive with articles The following certifications have been Naugatuck, CT: August 31, 2006. which are or were produced by such issued. The requirements of section TA–W–62,168; Sensata Technologies, firm or subdivision. 222(a)(2)(B) (shift in production) of the Standish Division, Standish, ME: Also, in order for an affirmative Trade Act have been met. September 17, 2006. determination to be made for None. TA–W–62,175; Masys Corporation, A secondarily affected workers of a firm The following certifications have been Subsidiary of IPC Systems, Inc., and a certification issued regarding issued. The requirements of section Minneapolis, MN: September 14, eligibility to apply for worker 222(b) (supplier to a firm whose workers 2006. adjustment assistance, each of the group are certified eligible to apply for TAA) TA–W–62,259; Dekko Technologies, eligibility requirements of section 222(b) of the Trade Act have been met. Inc., Mt. Ayr Products Division, Mt. of the Act must be met. Ayr, IA: September 28, 2006. (1) Significant number or proportion None. TA–W–62,298; Delphi Corporation, of the workers in the workers’ firm or The following certifications have been Thermal—Vandalia Plant, an appropriate subdivision of the firm issued. The requirements of section Vandalia, OH: October 11, 2006. have become totally or partially 222(b) (downstream producer for a firm TA–W–62,302; Aalfs Manufacturing, separated, or are threatened to become whose workers are certified eligible to Sample Sewing Laundry, Mena, AR: totally or partially separated; apply for TAA based on increased October 7, 2006. (2) the workers’ firm (or subdivision) imports from or a shift in production to TA–W–62,307; Robert Bosch, LLC, is a supplier or downstream producer to Mexico or Canada) of the Trade Act Automotive Technology -Chassis a firm (or subdivision) that employed a have been met. Division, On-Site Leased Workers group of workers who received a None. from Staffmark, Securitas &

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Southern Universal, Gallatin, TN: 246(a)(3)(A)(ii) have not been met for TA–W–62,215; Intuit, Inc., Professional August 6, 2007. the reasons specified. Tax and Customer Service Group, TA–W–62,320; Precision Industries, A The Department has determined that Plano, TX. Division of Leggett and Platt criterion (1) of section 246 has not been TA–W–62,310; Healthcare Management Aluminum Group, Malvern, AR: met. The firm does not have a Partners, LLC, Santa Ana, CA. October 17, 2006. significant number of workers 50 years TA–W–62,328; Thompson Scientific, TA–W–62,329; Honeywell Sensing and of age or older. Cherry Hill, NJ. TA–W–62,340; Commonwealth Land Control, ACS Division, On-Site None. Leased Workers From Manpower, Title Co., Northern CA. Production Sarasota, FL: October 17, 2006. The Department has determined that Center, A Division of Landamerica TA–W–62,163; Smart Novelty Blouse criterion (2) of Section 246 has not been Financial Group, Martinez, CA. Co., Inc., New York, NY: September met. Workers at the firm possess skills The investigation revealed that 17, 2006. that are easily transferable. criteria of section 222(b)(2) has not been TA–W–62,196; Carlisle Tire and Wheel, None. met. The workers’ firm (or subdivision) Leased Workers of Seek, Inc., and The Department has determined that is not a supplier to or a downstream JNA Temporary Services, Slinger, criterion (3) of section 246 has not been producer for a firm whose workers were WI: September 21, 2006. met. Competition conditions within the certified eligible to apply for TAA. TA–W–62,256; Aearo Technologies, On- workers’ industry are not adverse. None. Site Leased Workers of Coworx, None. I hereby certify that the Diamond Staffing, Southbridge, aforementioned determinations were Negative Determinations for Worker MA: October 1, 2006. issued during the period of October 22 Adjustment Assistance and Alternative TA–W–62,257; New England Ladder and through October 26, 2007. Copies of Trade Adjustment Assistance Scaffolding Company, Subsidiary of these determinations are available for Lynn Lab Group LTD, Orwigsburg, In the following cases, the inspection in Room C–5311, U.S. PA: September 17, 2006. investigation revealed that the eligibility Department of Labor, 200 Constitution TA–W–62,268; Dixie Consumer criteria for worker adjustment assistance Avenue, NW., Washington, DC 20210 Products, LLC, Dixie Products have not been met for the reasons during normal business hours or will be Division, On-Site Leased Workers of specified. mailed to persons who write to the Staffmark, Los Angeles, CA: Because the workers of the firm are above address. September 11, 2006. not eligible to apply for TAA, the TA–W–62,288; Fiberweb, Inc., Industrial Dated: October 31, 2007. workers cannot be certified eligible for Division, On-Site Leased Workers Ralph DiBattista, ATAA. from Phillips Staffing, Gray Court, Director, Division of Trade Adjustment The investigation revealed that SC: October 10, 2006. Assistance. criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) TA–W–62,311; L.R. Nelson Corporation, [FR Doc. E7–21743 Filed 11–5–07; 8:45 am] (employment decline) have not been Peoria, IL: June 21, 2007. met. BILLING CODE 4510–FN–P The following certifications have been issued. The requirements of section TA–W–62,179; Desa Heating, LLC, 222(b) (supplier to a firm whose workers Manchester, TN. DEPARTMENT OF LABOR are certified eligible to apply for TAA) The investigation revealed that Employment and Training and section 246(a)(3)(A)(ii) of the Trade criteria (a)(2)(A)(I.B.) (Sales or Administration Act have been met. production, or both, did not decline) TA–W–62,095; Bremer Manufacturing and (a)(2)(B)(II.B.) (shift in production [TA–W–61,530] Company, Inc., Elkhart Lake, WI: to a foreign country) have not been met. Track Corporation, Including On-Site August 29, 2006. None. TA–W–62,151; Johnson Controls, Inc., Leased Workers of Forge Industrial The investigation revealed that and Manpower, Inc., Spring Lake, MI; Automotive ExperienceDivision, criteria (a)(2)(A)(I.C.) (increased Plymouth, MI: September 14, 2006. Amended Notice of Revised imports) and (a)(2)(B)(II.B.) (shift in Determination on Reconsideration TA–W–62,169; The Flexaust Company, production to a foreign country) have Inc., Workers paid under Flexaust not been met. In accordance with Section 223 of the Appliance, On-Site Leased Workers TA–W–61,957; Command Tooling Trade Act of 1974 (19 U.S.C. 2273), and of Encore Staffing, El Paso, TX: Section 246 of the Trade Act of 1974 (26 September 14, 2006. Systems, LLC, Ramsey, MN. TA–W–62,122; Stanadyne Corporation, U.S.C. 2813), as amended, the The following certifications have been Windsor, CT. Department of Labor issued a Notice of issued. The requirements of section Revised Determination on TA–W–62,144; R.J. Reynolds Tobacco 222(b) (downstream producer for a firm Reconsideration on August 23, 2007. Co., Blacksburg Storage Facility whose workers are certified eligible to The notice was published in the Federal Division, Blacksburg, SC. apply for TAA based on increased Register on August 30, 2007 (72 FR TA–W–62,141; Conn-Selmer, Inc., imports from or a shift in production to 50128). Elkhart North Facility, Elkhart, IN. Mexico or Canada) and section At the request of the State agency, the 246(a)(3)(A)(ii) of the Trade Act have The workers’ firm does not produce Department reviewed the Notice of been met. an article as required for certification Revised Determination on None. under section 222 of the Trade Act of Reconsideration for workers of the 1974. subject firm. The workers are engaged in Negative Determinations for Alternative TA–W–62,264; Conexant Systems, Inc., the production of seat adjusters for the Trade Adjustment Assistance Imaging and PC Media, Newport automotive industry and public seating In the following cases, it has been Beach, CA. for stadiums and theaters. The workers determined that the requirements of are separately identifiable by product

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line. The TAA/ATAA petition was filed Reduction Act of 1995 (PRA95) culture, and knowledge; enhance on behalf of workers engaged in the [44.U.S.C. 3508(2)(A)]. This program learning and innovation; and support production of seat adjusters. helps to ensure that requested data can professional development. New information shows that leased be provided in the desired format II. Current Actions workers of Manpower, Inc. were reporting burden (time and financial employed on-site at the Spring Lake, resources) is minimized, collection The IMLS Laura Bush 21st-Century Michigan location of Track Corporation. instruments are clearly understood, and Librarian grant program was initiated at The Department has determined that the impact of collection requirements on the request of the President in 2002 to these workers were sufficiently under respondents can be properly assessed. help address the anticipated retirement the control of Track Corporation to be The Institute of Museum and Library of a very large cohort of library considered leased workers. Services is soliciting comments on a professionals before the year 2010, and Based on these findings, the proposed study to assess the to help assure that libraries are well Department is amending this effectiveness of various methods used to staffed and well prepared to meet the certification to include leased workers distribute funds to the nation’s needs of a population that is steadily of Manpower, Inc. working on-site at the museums. increasing in cultural and language Spring Lake, Michigan location of the diversity throughout the United States. DATES: Written comments must be subject firm. This program has made 172 grants submitted to the office listed in the The intent of the Department’s between 2003 and 2007. IMLS wishes to ADDRESSES section below on or before certification is to include all workers understand trends and results of grants January 7, 2008.IMLS is particularly employed at Track Corporation, Spring and activities in the Laura Bush 21st- interested in comments that help the Lake, Michigan who were adversely- Century Librarian program to date. The agency to: impacted by increased imports of seat • Evaluate whether the proposed analysis will be framed by five key adjusters. collection of information is necessary questions: The amended notice applicable to (1) What impact has this program for the proper performance of the TA–W–61,530 is hereby issued as made on numbers and demography of functions of the agency, including follows: individuals seeking professional degrees whether the information will have and employment in the fields of library All workers of Track Corporation, practical utility; including on-site leased workers of Forge • Evaluate the accuracy of the and information sciences? (2) What impact has this program Industrial and Manpower, Inc., Spring Lake, agency’s estimate of the burden of the Michigan, engaged in the production of seat made on the numbers and demography proposed collection of information, adjusters, who became totally or partially of individuals employed in library and including the validity of the separated from employment on or after May information sciences, in library service, 16, 2006, through August 23, 2009, are methodology and assumptions used; • Enhance the quality, utility, and and in the education and training of eligible to apply for adjustment assistance library and information science under Section 223 of the Trade Act of 1974, clarity of the information to be personnel? and are also eligible to apply for alternative collected; and trade adjustment assistance under Section • Minimize the burden of the (3) What impact has this program had 246 of the Trade Act of 1974. collection of information on those who on the career development of individuals employed in the delivery of Signed at Washington, DC this 16th day of are to respond, including through the use of appropriate automated, library and information services, and in October 2007. the education and training of such Elliott S. Kushner, electronic, mechanical, or other technological collection techniques or individuals? Certifying Officer, Division of Trade (4) What impact has this program other forms of information technology, Adjustment Assistance. made on the understanding of key e.g., permitting electronic submission of [FR Doc. E7–21744 Filed 11–5–07; 8:45 am] issues and phenomena related to the responses. BILLING CODE 4510–FN–P delivery and effectiveness of library and ADDRESSES: Send comments to: Mamie information service? Bittner, Deputy Director, Office of (5) Is there a continuing need for this Policy, Planning, Research, and NATIONAL FOUNDATION FOR THE program, and if so, what are the key Communications, Institute of Museum ARTS AND HUMANITIES needs that should be met in the next and Library Services, 1800 M Street, five years? Notice of Proposed Information NW., 9th Floor, Washington, DC. Ms. Once completed, the results of the Collection: Assessing Trends and Bittner can be reached by telephone: study will be incorporated into a report Results of the Laura Bush 21st- 202–653–4630; fax: 202–653–4600; or which will be made widely available to Century Librarians Grant Program e-mail: [email protected]. inform and benefit the museum 2003–2008 SUPPLEMENTARY INFORMATION: community and the public at large. I. Background Agency: Institute of Museum and AGENCY: Institute of Museum and Library Services. Library Services, National Foundation The Institute of Museum and Library Title: Assessing Trends an Results of for the Arts and Humanities. Services is authorized by the Museum the Laura Bush 21st-Century Librarians SUMMARY: The Institute of Museum and and Library Services Act, Public Law Grant Program 2003–2008. Library Services (IMLS) as part of its 108–81, and is the primary source of OMB Number: N/A. continuing effort to reduce paperwork federal support for the nation’s 122,000 Agency Number: 3137. and respondent burden, conducts a pre- libraries and 17,500 museums. The Frequency: One time. clearance consultation program to Institute’s mission is to create strong Affected Public: Libraries, State provide the general public and federal libraries and museums that connect Library Administrative Agencies, agencies with an opportunity to people to information and ideas. The institutions of higher education, library comment on proposed and/or Institute works at the national level and professional associations, Native continuing collections of information in in coordination with state and local American tribal governments, school accordance with the Paperwork organizations to sustain heritage, officials and educators, and individuals.

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FOR FURTHER INFORMATION CONTACT: as part of the letter to the licensee environmental impact statement for the Mamie Bittner, Deputy Director, Office approving the license amendments. proposed action. of Policy, Planning, Research, and The proposed action will not For further details with respect to the Communications, Institute of Museum significantly increase the probability or proposed action, see the licensee’s letter and Library Services, 1800 M Street, consequences of accidents. No changes dated January 31, 2007. Documents may NW., 9th Floor, Washington, DC. Ms. are being made in the types of effluents be examined and/or copied for a fee, at Bittner can be reached by telephone: that may be released off site. There is no the NRC’s Public Document Room 202–653–4630; fax: 202–653–4600; or significant increase in the amount of (PDR), located at One White Flint North, e-mail: [email protected]. any effluent released off site. There is no 11555 Rockville Pike (first floor), Dated: October 31, 2007. significant increase in occupational or Rockville, Maryland. Publicly available Barbara Smith, public radiation exposure. Therefore, records will be accessible electronically from the Agencywide Documents E-Projects Officer. there are no significant radiological environmental impacts associated with Access and Management System [FR Doc. E7–21706 Filed 11–5–07; 8:45 am] the proposed action. (ADAMS) Public Electronic Reading BILLING CODE 7036–01–P With regard to potential non- Room on the Internet at the NRC Web radiological impacts, the proposed site, http://www.nrc.gov/reading-rm/ action does not have a potential to affect adams.html. Persons who do not have NUCLEAR REGULATORY any historic sites. It does not affect access to ADAMS or who encounter COMMISSION nonradiological plant effluents and has problems in accessing the documents located in ADAMS should contact the [Docket Nos. 50–269, 50–270, and 50–287] no other environmental impact. Therefore, there are no significant NRC PDR Reference staff by telephone Duke Power Company, LLC; Oconee nonradiological environmental impacts at 1–800–397–4209 or 301–415–4737, or Nuclear Station, Units 1, 2, and 3 associated with the proposed action. send an e-mail to [email protected]. Environmental Assessment and Accordingly, the NRC concludes that Dated at Rockville, Maryland, this 31st day Finding of No Significant Impact there are no significant environmental of October 2007. impacts associated with the proposed For the Nuclear Regulatory Commission. The U.S. Nuclear Regulatory action. Leonard N. Olshan, Commission (NRC) is considering Project Manager, Plant Licensing Branch II– issuance of amendments to Renewed Environmental Impacts of the Alternatives to the Proposed Action 1, Division of Operating Reactor Licensing, Facility Operating Licenses Nos. DPR– Office of Nuclear Reactor Regulation. 38, DPR–47, and DPR–55, issued to As an alternative to the proposed [FR Doc. E7–21777 Filed 11–5–07; 8:45 am] Duke Power Company, LLC (the action, the staff considered denial of the BILLING CODE 7590–01–P licensee), for operation of the Oconee proposed action (i.e., the ‘‘no-action’’ Nuclear Station, Units 1, 2, and 3, alternative). Denial of the application located in Seneca, South Carolina. would result in no change in current NUCLEAR REGULATORY Therefore, as required by Title 10 of the environmental impacts. The COMMISSION Code of Federal Regulations, Part 51, environmental impacts of the proposed Section 51.21, the NRC is issuing this action and the alternative action are Sunshine Federal Register Notice environmental assessment and finding similar. of no significant impact. AGENCY HOLDING THE MEETINGS: Nuclear Alternative Use of Resources Regulatory Commission. Environmental Assessment The action does not involve the use of DATES: Weeks of November 5, 12, 19, 26; Identification of the Proposed Action any different resources than those December 3, 10, 2007. The proposed action is administrative previously considered in the Final PLACE: Commissioners’ Conference in nature and would revise the Environmental Statement for the Room, 11555 Rockville Pike, Rockville, Technical Specifications (TSs) to Oconee Nuclear Station, Units 1, 2, and Maryland. remove requirements that are no longer 3, dated March 1972 and Final STATUS: Public and closed. Supplemental Environmental Impact applicable due to the completion of the MATTERS TO BE CONSIDERED: control room intake/booster fan Statement (NUREG–1437, Supplement modifications. 2) dated December 9, 1999. Week of November 5, 2007 The proposed action is in accordance Agencies and Persons Consulted There are no meetings scheduled for with the licensee’s application dated the week of November 5, 2007. January 31, 2007. In accordance with its stated policy, on October 18, 2007, the staff consulted Week of November 12, 2007—Tentative The Need for the Proposed Action with the South Carolina State official, Wednesday, November 14, 2007 The proposed action removes Mr. R. Mike Gandy of the Department of requirements from the TSs that are no Health and Environmental Control, 9:30 a.m. longer applicable. regarding the environmental impact of Meeting with Advisory Committee on the proposed action. The State official Nuclear Waste and Materials Environmental Impacts of the Proposed had no comments. (ACNW&M) (Public Meeting) Action (Contact: Antonio Dias, 301–415– Finding of No Significant Impact The NRC has completed its safety 6805). evaluation of the proposed action and On the basis of the environmental This meeting will be webcast live at concludes that there are no assessment, the NRC concludes that the the Web address—http://www.nrc.gov. environmental impacts. proposed action will not have a The details of the staff’s safety significant effect on the quality of the Week of November 19, 2007—Tentative evaluation will be provided in the human environment. Accordingly, the There are no meetings scheduled for license amendments that will be issued NRC has determined not to prepare an the week of November 19, 2007.

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Week of November 26, 2007—Tentative available. If you are interested in The Commission is seeking public receiving this Commission meeting comments on this proposed Tuesday, November 27, 2007 schedule electronically, please send an determination. Any comments received 9:30 a.m. electronic message to [email protected]. within 30 days after the date of Discussion of Security Issues Dated: November 1, 2007. publication of this notice will be (Closed—Ex. 1 & 3). considered in making any final R. Michelle Schroll, 1:30 p.m. determination. Within 60 days after the Briefing on Equal Employment Office of the Secretary. date of publication of this notice, the Opportunity (EEO) Programs [FR Doc. 07–5570 Filed 11–6–07; 11:05 am] licensee may file a request for a hearing (Public Meeting) (Contact: Sandra BILLING CODE 7590–01–P with respect to issuance of the Talley, 301–415–8059). amendment to the subject facility This meeting will be webcast live at operating license and any person whose the Web address—http://www.nrc.gov. NUCLEAR REGULATORY interest may be affected by this COMMISSION proceeding and who wishes to Week of December 3, 2007—Tentative Biweekly Notice; Applications and participate as a party in the proceeding Tuesday, December 4, 2007 Amendments to Facility Operating must file a written request for a hearing and a petition for leave to intervene. 9:30 a.m. Licenses Involving No Significant Normally, the Commission will not Briefing on Threat Environment Hazards Considerations issue the amendment until the Assessment (Closed—Ex. 1). Background expiration of 60 days after the date of Friday, December 7, 2007 publication of this notice. The 10 a.m. Pursuant to section 189a. (2) of the Commission may issue the license Discussion of Intragovernmental Atomic Energy Act of 1954, as amended amendment before expiration of the 60- Issues (Closed—Ex. 1 & 9). (the Act), the U.S. Nuclear Regulatory day period provided that its final Commission (the Commission or NRC determination is that the amendment Week of December 10, 2007—Tentative staff) is publishing this regular biweekly involves no significant hazards Wednesday, December 12, 2007 notice. The Act requires the consideration. In addition, the Commission publish notice of any Commission may issue the amendment 9:30 a.m. amendments issued, or proposed to be prior to the expiration of the 30-day Discussion of Management Issues issued and grants the Commission the comment period should circumstances (Closed—Ex. 2). authority to issue and make change during the 30-day comment Thursday, December 13, 2007 immediately effective any amendment period such that failure to act in a to an operating license upon a timely way would result, for example in 9:30 a.m. determination by the Commission that derating or shutdown of the facility. Discussion of Management Issues such amendment involves no significant Should the Commission take action (Closed—Ex. 2). hazards consideration, notwithstanding prior to the expiration of either the * The schedule for Commission the pendency before the Commission of comment period or the notice period, it meetings is subject to change on short a request for a hearing from any person. will publish in the Federal Register a notice. To verify the status of meetings, notice of issuance. Should the call (recording)—(301) 415–1292. This biweekly notice includes all notices of amendments issued, or Commission make a final No Significant Contact person for more information: Hazards Consideration Determination, proposed to be issued from October 11, Michelle Schroll, (301) 415–1662. any hearing will take place after 2007, to October 24, 2007. The last The NRC Commission Meeting issuance. The Commission expects that biweekly notice was published on Schedule can be found on the Internet the need to take this action will occur October 23, 2007 (72 FR 60032). at: http://www.nrc.gov/about-nrc/policy- very infrequently. making/schedule.html. Notice of Consideration of Issuance of Written comments may be submitted The NRC provides reasonable Amendments to Facility Operating by mail to the Chief, Rulemaking, accommodation to individuals with Licenses, Proposed No Significant Directives and Editing Branch, Division disabilities where appropriate. If you Hazards Consideration Determination, of Administrative Services, Office of need a reasonable accommodation to and Opportunity for a Hearing Administration, U.S. Nuclear Regulatory participate in these public meetings, or Commission, Washington, DC 20555– need this meeting notice or the The Commission has made a 0001, and should cite the publication transcript or other information from the proposed determination that the date and page number of this Federal public meetings in another format (e.g., following amendment requests involve Register notice. Written comments may braille, large print), please notify the no significant hazards consideration. also be delivered to Room 6D44, Two NRC’s Disability Program Coordinator, Under the Commission’s regulations in White Flint North, 11545 Rockville Rohn Brown, at 301–492–2279, TDD: 10 CFR 50.92, this means that operation Pike, Rockville, Maryland, from 7:30 301–415–2100, or by e-mail at of the facility in accordance with the a.m. to 4:15 p.m. Federal workdays. [email protected]. Determinations on proposed amendment would not (1) Copies of written comments received requests for reasonable accommodation involve a significant increase in the may be examined at the Commission’s will be made on a case-by-case basis. probability or consequences of an Public Document Room (PDR), located This notice is distributed by mail to accident previously evaluated; or (2) at One White Flint North, Public File several hundred subscribers; if you no create the possibility of a new or Area O1F21, 11555 Rockville Pike (first longer wish to receive it, or would like different kind of accident from any floor), Rockville, Maryland. The filing of to be added to the distribution, please accident previously evaluated; or (3) requests for a hearing and petitions for contact the Office of the Secretary, involve a significant reduction in a leave to intervene is discussed below. Washington, DC 20555 (301–415–1969). margin of safety. The basis for this Within 60 days after the date of In addition, distribution of this meeting proposed determination for each publication of this notice, person(s) may notice over the Internet system is amendment request is shown below. file a request for a hearing with respect

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to issuance of the amendment to the for the contention and a concise petitioner/ requestor must contact the subject facility operating license and statement of the alleged facts or expert Office of the Secretary by e-mail at any person whose interest may be opinion which support the contention [email protected], or by affected by this proceeding and who and on which the petitioner/requestor calling (301) 415–1677, to request (1) a wishes to participate as a party in the intends to rely in proving the contention digital ID certificate, which allows the proceeding must file a written request at the hearing. The petitioner/requestor participant (or its counsel or via electronic submission through the must also provide references to those representative) to digitally sign NRC E-Filing system for a hearing and specific sources and documents of documents and access the E-Submittal a petition for leave to intervene. which the petitioner is aware and on server for any proceeding in which it is Requests for a hearing and a petition for which the petitioner/requestor intends participating; and/or (2) creation of an leave to intervene shall be filed in to rely to establish those facts or expert electronic docket for the proceeding accordance with the Commission’s opinion. The petition must include (even in instances in which the ‘‘Rules of Practice for Domestic sufficient information to show that a petitioner/requestor (or its counsel or Licensing Proceedings’’ in 10 CFR Part genuine dispute exists with the representative) already holds an NRC- 2. Interested person(s) should consult a applicant on a material issue of law or issued digital ID certificate). Each current copy of 10 CFR 2.309, which is fact. Contentions shall be limited to petitioner/ requestor will need to available at the Commission’s PDR, matters within the scope of the download the Workplace Forms located at One White Flint North, Public amendment under consideration. The ViewerTM to access the Electronic File Area 01F21, 11555 Rockville Pike contention must be one which, if Information Exchange (EIE), a (first floor), Rockville, Maryland. proven, would entitle the petitioner/ component of the E-Filing system. The Publicly available records will be requestor to relief. A petitioner/ Workplace Forms ViewerTM is free and accessible from the Agencywide requestor who fails to satisfy these is available at http://www.nrc.gov/site- Documents Access and Management requirements with respect to at least one help/e-submittals/install-viewer.html. System’s (ADAMS) Public Electronic contention will not be permitted to Information about applying for a digital Reading Room on the Internet at the participate as a party. ID certificate is available on NRC’s NRC Web site, http://www.nrc.gov/ Those permitted to intervene become public Web site at http://www.nrc.gov/ reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any site-help/e-submittals/apply- request for a hearing or petition for limitations in the order granting leave to certificates.html. leave to intervene is filed within 60 intervene, and have the opportunity to Once a petitioner/requestor has days, the Commission or a presiding participate fully in the conduct of the obtained a digital ID certificate, had a officer designated by the Commission or hearing. docket created, and downloaded the EIE by the Chief Administrative Judge of the If a hearing is requested, and the viewer, it can then submit a request for Atomic Safety and Licensing Board Commission has not made a final hearing or petition for leave to Panel, will rule on the request and/or determination on the issue of no intervene. Submissions should be in petition; and the Secretary or the Chief significant hazards consideration, the Portable Document Format (PDF) in Administrative Judge of the Atomic Commission will make a final accordance with NRC guidance Safety and Licensing Board will issue a determination on the issue of no available on the NRC public Web site at notice of a hearing or an appropriate significant hazards consideration. The http://www.nrc.gov/site-help/e- order. final determination will serve to decide submittals.html. A filing is considered As required by 10 CFR 2.309, a when the hearing is held. If the final complete at the time the filer submits its petition for leave to intervene shall set determination is that the amendment documents through EIE. To be timely, forth with particularity the interest of request involves no significant hazards an electronic filing must be submitted to the petitioner in the proceeding, and consideration, the Commission may the EIE system no later than 11:59 p.m. how that interest may be affected by the issue the amendment and make it Eastern Time on the due date. Upon results of the proceeding. The petition immediately effective, notwithstanding receipt of a transmission, the E-Filing should specifically explain the reasons the request for a hearing. Any hearing system time-stamps the document and why intervention should be permitted held would take place after issuance of sends the submitter an e-mail notice with particular reference to the the amendment. If the final confirming receipt of the document. The following general requirements: (1) The determination is that the amendment EIE system also distributes an e-mail name, address, and telephone number of request involves a significant hazards notice that provides access to the the requestor or petitioner; (2) the consideration, any hearing held would document to the NRC Office of the nature of the requestor’s/petitioner’s take place before the issuance of any General Counsel and any others who right under the Act to be made a party amendment. have advised the Office of the Secretary to the proceeding; (3) the nature and A request for hearing or a petition for that they wish to participate in the extent of the requestor’s/petitioner’s leave to intervene must be filed in proceeding, so that the filer need not property, financial, or other interest in accordance with the NRC E-Filing rule, serve the documents on those the proceeding; and 4) the possible which the NRC promulgated in August participants separately. Therefore, effect of any decision or order which 28, 2007, (72 FR 49139). The E-Filing applicants and other participants (or may be entered in the proceeding on the process requires participants to submit their counsel or representative) must requestor’s/petitioner’s interest. The and serve documents over the internet apply for and receive a digital ID petition must also set forth the specific or in some cases to mail copies on certificate before a hearing request/ contentions which the petitioner/ electronic storage media. Participants petition to intervene is filed so that they requestor seeks to have litigated at the may not submit paper copies of their can obtain access to the document via proceeding. filings unless they seek a waiver in the E-Filing system. Each contention must consist of a accordance with the procedures A person filing electronically may specific statement of the issue of law or described below. seek assistance through the ‘‘Contact fact to be raised or controverted. In To comply with the procedural Us’’ link located on the NRC Web site addition, the petitioner/requestor shall requirements of E-Filing, at least five (5) at http://www.nrc.gov/site-help/e- provide a brief explanation of the bases days prior to the filing deadline, the submittals.html or by calling the NRC

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technical help line, which is available the Atomic Safety and Licensing Board range radiation monitors to the requirements between 8:30 a.m. and 4:15 p.m., that the petition, request and/or the in NUREG–0737 [,’’Clarification of TMI Eastern Time, Monday through Friday. contentions should be granted based on Action Plan Requirements’’], Table II.F.1–3. The help line number is (800) 397–4209 a balancing of the factors specified in 10 The revision of the primary containment high range radiation monitor calibration provides or locally, (301) 415–4737. CFR 2.309(a)(1)(i)-(viii). an improved assurance of the accuracy and Participants who believe that they For further details with respect to this function of the monitor during and following have a good cause for not submitting amendment action, see the application an accident. These monitors provide documents electronically must file a for amendment which is available for indication of high-range radiation and are motion, in accordance with 10 CFR public inspection at the Commission’s primarily used by emergency response 2.302(g), with their initial paper filing PDR, located at One White Flint North, personnel for evaluating protective action requesting authorization to continue to Public File Area 01F21, 11555 Rockville recommendations. These monitors are submit documents in paper format. Pike (first floor), Rockville, Maryland. provided for indication only and do not Such filings must be submitted by: (1) Publicly available records will be initiate any automatic action. Removing the First class mail addressed to the Office exclusion of radiation detectors from the accessible from the ADAMS Public channel calibration requirement in SR of the Secretary of the Commission, U.S. Electronic Reading Room on the Internet 3.3.3.1.2 cannot create a new or different Nuclear Regulatory Commission, at the NRC Web site, http:// kind of accident from previously evaluated Washington, DC 20555–0001, Attention: www.nrc.gov/reading-rm/adams.html. If accidents. Therefore, the proposed change Rulemaking and Adjudications Staff; or you do not have access to ADAMS or if does not create the possibility of a new or (2) courier, express mail, or expedited there are problems in accessing the different kind of accident from any accident delivery service to the Office of the documents located in ADAMS, contact previously evaluated. Secretary, Sixteenth Floor, One White the PDR Reference staff at 1 (800) 397– 3. The proposed change does not involve Flint North, 11555 Rockville, Pike, 4209, (301) 415–4737 or by e-mail to a significant reduction in the margin of safety. Rockville, Maryland, 20852, Attention: [email protected]. Rulemaking and Adjudications Staff. This proposed license amendment involves Detroit Edison Company, Docket No. a change in the channel calibration Participants filing a document in this surveillance of primary containment high manner are responsible for serving the 50–341, Fermi 2, Monroe County, Michigan Date of amendment request: range radiation monitor in TS 3.3.3.1. The document on all other participants. surveillance frequency is unchanged. The Filing is considered complete by first- July 12, 2007, as supplemented by letter change in the high range radiation monitor class mail as of the time of deposit in dated September 21, 2007. channel calibration only removes the the mail, or by courier, express mail, or Description of amendment request: exclusion of the detectors from SR 3.3.3.1.2. expedited delivery service upon The proposed amendment would revise Therefore, the proposed change does not depositing the document with the Surveillance Requirement (SR) 3.3.3.1.2 involve a significant reduction in a margin of provider of the service. in Technical Specification (TS) 3.3.3.1, safety. Non-timely requests and/or petitions ‘‘Post Accident Monitoring The NRC staff has reviewed the and contentions will not be entertained Instrumentation.’’ Specifically, the licensee’s analysis and, based on this absent a determination by the proposed amendment would delete the review, it appears that the three Commission, the presiding officer, or note which excludes radiation detectors standards of 10 CFR 50.92(c) are the Atomic Safety and Licensing Board from calibration requirements. satisfied. Therefore, the NRC staff that the petition and/or request should Basis for proposed no significant proposes to determine that the be granted and/or the contentions hazards consideration determination: amendment request involves no should be admitted, based on a As required by 10 CFR 50.91(a), the significant hazards consideration. balancing of the factors specified in 10 licensee has provided its analysis of the Attorney for licensee: David G. CFR 2.309(c)(1)(i)-(viii). To be timely, issue of no significant hazards Pettinari, Legal Department, 688 WCB, filings must be submitted no later than consideration, which is presented Detroit Edison Company, 2000 2nd 11:59 p.m. Eastern Time on the due below: Avenue, Detroit, Michigan 48226–1279. date. NRC Acting Branch Chief: Travis L. Documents submitted in adjudicatory 1. The proposed change does not involve a significant increase in the probability or Tate. proceedings will appear in NRC’s consequences of an accident previously Entergy Nuclear Operations, Inc., electronic hearing docket which is evaluated. available to the public at http:// Docket No. 50–255, Palisades Plant, Van Primary Containment Radiation Monitors Buren County, Michigan ehd.nrc.gov/EHD_Proceeding/home.asp, are part of the post accident monitoring unless excluded pursuant to an order of instrumentation. Deleting the note excluding Date of amendment request: August the Commission, an Atomic Safety and radiation detectors from the channel 21, 2007. Licensing Board, or a Presiding Officer. calibration requirement in TS 3.3.3.1 Description of amendment request: Participants are requested not to include surveillance requirement does not adversely The proposed amendment would personal privacy information, such as affect any of the parameters in accident modify technical specification (TS) analyses. Revising the detectors calibration social security numbers, home requirement does not affect the probability or requirements related to control room addresses, or home phone numbers in consequences of previously evaluated envelope (CRE) habitability in TS their filings. With respect to copyrighted accidents. Therefore, the proposed change 3.7.10, ‘‘Control Room Ventilation works, except for limited excerpts that does not involve a significant increase in the Filtration,’’ and TS Section 5.5, serve the purpose of the adjudicatory probability or consequences of an accident ‘‘Administrative Controls—Programs filings and would constitute a Fair Use previously evaluated. and Manuals.’’ The NRC staff issued a application, Participants are requested 2. The proposed change does not create the notice of opportunity for comment in not to include copyrighted materials in possibility of a new or different kind of the Federal Register on October 17, accident from any accident previously 2006 (71 FR 61075), on possible their submission. evaluated. Non-timely requests and/or petitions Deleting the note excluding the radiation amendments in accordance with TSTF– and contentions will not be entertained detectors from channel calibration 448–A, Revision 3, to revise the plant absent a determination by the requirement in SR 3.3.3.1.2 restores the specific TS to strengthen requirements Commission or the presiding officer of calibration of the primary containment high regarding CRE habitability by changing

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the action and surveillance functioning during accident conditions as consequences of an accident previously requirements for the CRE emergency assumed in the licensing basis analyses of evaluated? ventilation system, and by adding a new design[-]basis accident radiological Response: No. consequences to CRE occupants. No new or There are no changes to the design or TS administrative controls program on different accidents result from performing the operation of the plant that could affect CRE habitability. new surveillance or following the new system, component, or accident functions as The NRC staff subsequently issued a program. The proposed change does not a result of replacing trisodium phosphate notice of availability of the models for involve a physical alteration of the plant (i.e., (TSP) with sodium tetraborate (NaTB). referencing in license amendment no new or different type of equipment will Buffering agents are used to minimize the applications in the Federal Register on be I installed) or a significant change in the potential consequences of an accident and do January 17, 2007 (72 FR 2022). The methods governing normal plant operation. not represent an accident initiator. Utilizing licensee affirmed the applicability of the The proposed change does not alter any NaTB as a buffering agent ensures the post- safety analysis assumptions and is consistent loss-of-coolant accident (LOCA) containment following no significant hazards with current plant operating practice. sump mixture will have an equilibrium pH determination in its application dated Therefore, this change does not create the ≥ 7.0. Replacing TSP with NaTB, which August 21, 2007. possibility of a new or different kind of achieves comparable pH buffering results, Basis for proposed no significant accident from any accident previously will maintain the iodine retention and hazards consideration determination: evaluated. corrosion inhibition required by the safety As required by 10 CFR 50.91(a), the Criterion 3—The Proposed Change Does Not analyses. licensee has provided its analysis of the Involve a Significant Reduction in the Margin Therefore, the proposed change does not issue of no significant hazards of Safety involve a significant increase in the probability or consequences of an accident consideration, which is presented The proposed change does not alter the previously evaluated. below: manner in which safety limits, limiting safety 2. Does the proposed change create the system settings or limiting conditions for possibility of a new or different kind of Criterion 1—The Proposed Change Does Not operation are determined. The proposed accident from any accident previously Involve a Significant Increase in the change does not affect safety analysis evaluated? Probability or Consequences of an Accident acceptance criteria. The proposed change Response: No. Previously Evaluated will not result in plant operation in a No new accident scenarios, failure The proposed change does not adversely configuration outside the design basis for an mechanisms, or single failures are introduced affect accident initiators or precursors nor unacceptable period of time without as a result of the proposed change. alter the design assumptions, conditions, or compensatory measures. The proposed Structures, systems, and components configuration of the facility. The proposed change does not adversely affect systems that previously required for mitigation of an event change does not alter or prevent the ability respond to safely shut down the plant and to remain capable of fulfilling their intended of structures, systems, and components to maintain the plant in a safe shutdown design function with this change to the TS. perform their intended function to mitigate condition. Therefore, the proposed change The proposed change has no new adverse the consequences of an initiating event does not involve a significant reduction in a effects on safety-related systems or within the assumed acceptance limits. The margin of safety. components and does not challenge the proposed change revises the TS for the CRE The NRC staff has reviewed the performance or integrity of safety-related emergency ventilation system, which is a licensee’s analysis and, based on this systems. The replacement buffering agent has mitigation system designed to minimize review, it appears that the three been evaluated and no new accident unfiltered air leakage into the CRE and to standards of 10 CFR 50.92(c) are scenarios or single failures are introduced. filter the CRE atmosphere to protect the CRE Therefore, the proposed change does not occupants in the event of accidents satisfied. Therefore, the NRC staff create the possibility of a new or different previously analyzed. An important part of proposes to determine that the kind of accident from any previously the CRE emergency ventilation system is the amendment request involves no evaluated. CRE boundary. The CRE emergency significant hazards consideration. 3. Does the proposed change involve a ventilation system is not an initiator or Attorney for licensee: Mr. William significant reduction in a margin of safety? precursor to any accident previously Dennis, Assistant General Counsel, Response: No. evaluated. Therefore, the probability of any Entergy Nuclear Operations, Inc., 440 The safety analyses assume a post-LOCA ≥ accident previously evaluated is not Hamilton Ave., White Plains, NY 10601. equilibrium pH 7.0 to minimize iodine re- increased. Performing tests to verify the NRC Acting Branch Chief: Travis L. evolution and to minimize corrosion of operability of the CRE boundary and Tate. components within containment. Changing implementing a program to assess and the containment sump buffering agent maintain CRE habitability ensure that the Entergy Operations, Inc., Docket No. 50– requirement from TSP to NaTB and revising CRE emergency ventilation system is capable 368, Arkansas Nuclear One, Unit No. 2, the required volume of NaTB continues to of adequately mitigating radiological Pope County, Arkansas ensure a containment sump equilibrium pH consequences to CRE occupants during ≥ 7.0. The margin for pH control is not accident conditions, and that the CRE Date of amendment request: October altered by the proposed changes. emergency ventilation system will perform as 5, 2007. Therefore, the proposed change does not assumed in the consequence analyses of Description of amendment request: involve a significant reduction in a margin of design[-]basis accidents. Thus, the The proposed amendment changes the safety. consequences of any accident previously containment sump buffering agent in The NRC staff has reviewed the evaluated are not increased. Therefore, the Technical Specification (TS) 3.6.2.2, licensee’s analysis and, based on this proposed change does not involve a ‘‘Trisodium Phosphate (TSP),’’ from significant increase in the probability or review, it appears that the three consequences of an accident previously TSP to sodium tetraborate (NaTB). standards of 10 CFR 50.92(c) are evaluated. Basis for proposed no significant satisfied. Therefore, the NRC staff hazards consideration determination: proposes to determine that the Criterion 2—The Proposed Change Does Not As required by 10 CFR 50.91(a), the Create the Possibility of a New or Different amendment request involves no Kind of Accident From Any Accident licensee has provided its analysis of the significant hazards consideration. Previously Evaluated issue of no significant hazards Attorney for licensee: Terence A. consideration, which is presented The proposed change does not impact the Burke, Associate General Council— accident analysis. The proposed change does below: Nuclear Entergy Services, Inc., 1340 not alter the required mitigation capability of 1. Does the proposed change involve a Echelon Parkway, Jackson, Mississippi the CRE emergency ventilation system, or its significant increase in the probability or 39213.

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NRC Branch Chief: Thomas G. Hiltz. and that the CRE emergency ventilation Nuclear Management Company, LLC, FPL Energy Seabrook, LLC, Docket No. system will perform as assumed in the Docket No. 50–263, Monticello Nuclear 50–443, Seabrook Station, Unit No. 1, consequence analyses of design basis Generating Plant (MNGP), Wright Rockingham County, New Hampshire accidents. Thus, the consequences of County, Minnesota Date of amendment request: July 17, any accident previously evaluated are Date of amendment request: 2007. not increased. Therefore, the proposed Description of amendment request: September 17, 2007. change does not involve a significant Description of amendment request: The proposed amendment would revise increase in the probability or the Seabrook Station, Unit No. 1 The proposed amendment would revise consequences of an accident previously the MNGP Technical Specifications (TS) Technical Specifications (TSs) related to evaluated. control room envelope (CRE) by adding an Action Statement to the habitability consistent with Technical 2. The proposed changes do not create Limiting Condition for Operation (LCO) Specification Task Force (TSTF) change the possibility of a new or different kind for Specification 3.7.5, ‘‘Control Room traveler TSTF–448, Revision 3, ‘‘Control of accident from any accident Ventilation System.’’ The new Action Room Habitability.’’ previously evaluated. The proposed Statement will allow a finite time (72 The NRC staff issued a notice of change does not impact the accident hours) to restore one control room availability of a model safety evaluation, analysis. The proposed change does not ventilation subsystem to operable status a model no significant hazards alter the required mitigation capability when both ventilation subsystems are consideration (NSHC) determination, of the CRE emergency ventilation inoperable, provided the control room and a model license amendment request system, or its functioning during temperature is verified to be less than 90 in the Federal Register on January 17, accident conditions as assumed in the degrees once every 4 hours. 2007 (72 FR 2022). In its application licensing basis analyses of design basis The proposed amendment is dated July 17, 2007, the licensee accident radiological consequences to consistent with the NRC’s approved affirmed the applicability of the model CRE occupants. No new or different Technical Specification Task Force NSHC determination, which is accidents result from performing the (TSTF) Improved Standard Technical presented below. new surveillance or following the new Specifications Change Traveler, TSTF– Basis for proposed no significant program. The proposed change does not 477, Revision 3 (March 26, 2007; 72 FR hazards consideration determination: involve a physical alteration of the plant 14143). As required by 10 CFR 50.91(a), an (i.e., no new or different type of Basis for proposed no significant analysis of the issue of no significant equipment will be installed) or a hazards consideration determination: hazards consideration, is presented significant change in the methods As required by Title 10 of the Code of below: governing normal plant operation. The Federal Regulations (10 CFR) Part 1. The proposed changes do not proposed change does not alter any 50.91(a), the licensee has provided its involve a significant increase in the safety analysis assumptions and is analysis of the issue of no significant probability or consequences of an consistent with current plant operating hazards consideration (NSHC) by accident previously evaluated. The practice. Therefore, this change does not referencing the NRC staff’s model NSHC proposed change does not adversely create the possibility of a new or analysis published on December 18, affect accident initiators or precursors different kind of accident from any 2006 (71 FR 75774). The NRC staff’s nor alter the design assumptions, accident previously evaluated. model NSHC analysis is reproduced conditions, or configuration of the below: facility. The proposed change does not 3. The proposed changes do not alter or prevent the ability of structures, involve a significant reduction in the Criterion 1—The Proposed Change Does Not systems, and components (SSCs) to margin of safety. The proposed change Involve a Significant Increase in the does not alter the manner in which Probability or Consequences of an Accident perform their intended function to Previously Evaluated mitigate the consequences of an safety limits, limiting safety system initiating event within the assumed settings or limiting conditions for The proposed change is described in Technical Specification Task Force (TSTF) acceptance limits. The proposed change operation are determined. The proposed change does not affect safety analysis Standard TS Change Traveler TSTF–477[; it] revises the TS for the CRE emergency adds an action statement for two inoperable ventilation system, which is a acceptance criteria. The proposed control room subsystems. mitigation system designed to minimize change will not result in plant operation The proposed change does not involve a unfiltered air leakage into the CRE and in a configuration outside the design physical alteration of the plant (no new or to filter the CRE atmosphere to protect basis for an unacceptable period of time different type of equipment will be installed). the CRE occupants in the event of without compensatory measures. The The proposed changes add an action accidents previously analyzed. An proposed change does not adversely statement for two inoperable control room important part of the CRE emergency affect systems that respond to safely subsystems. The equipment qualification shutdown the plant and to maintain the temperature of the control room equipment is ventilation system is the CRE boundary. not affected. Future changes to the Bases or The CRE emergency ventilation system plant in a safe shutdown condition. licensee-controlled document will be is not an initiator or precursor to any Therefore, the proposed change does not evaluated pursuant to the requirements of 10 accident previously evaluated. involve a significant reduction in a CFR 50.59, ‘‘Changes, test and experiments,’’ Therefore, the probability of any margin of safety. to ensure that such changes do not result in accident previously evaluated is not The NRC staff proposes to determine more than a minimal increase in the increased. Performing tests to verify the probability or consequences of an accident that the amendment request involves no previously evaluated. operability of the CRE boundary and significant hazards consideration. implementing a program to assess and The proposed changes do not adversely Attorney for licensee: M.S. Ross, affect accident initiators or precursors nor maintain CRE habitability ensure that alter the design assumptions, conditions, and the CRE emergency ventilation system is Florida Power & Light Company, P.O. Box 14000, Juno Beach, FL 33408–0420. configuration of the facility or the manner in capable of adequately mitigating which the plant is operated and maintained. radiological consequences to CRE NRC Branch Chief: Harold K. The proposed changes do not adversely affect occupants during accident conditions, Chernoff. the ability of structures, systems and

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components (SSCs) to perform their intended Description of amendment request: The proposed change does not require any safety function to mitigate the consequences The proposed amendment will revise physical change to any plant systems, of an initiating event within the assumed the Technical Specifications (TS) safety structures, or components nor does it require acceptance limits. The proposed changes do limit (SL) requirements related to the any change in systems or plant operations. not affect the source term, containment use of a non-cycle specific peak linear The proposed change does not require any isolation, or radiological consequences of any change in safety analysis methods or results. accident previously evaluated. Further, the heat rate (PLHR) SL of 22 kilowatts per The change to establish the PFCT as the proposed changes do not increase the types foot (kW/ft) to fuel centerline melt. The and the amounts of radioactive effluent that proposed change is consistent with the safety limit is consistent with the FCS may be released, nor significantly increase Technical Specification Task Force licensing basis for ensuring that the fuel individual or cumulative occupation/public (TSTF) 445–A, Revision 1. Because design limits are met. Operations and radiation exposures. these Limiting Safety System Setting analysis will continue to be in compliance Therefore, the changes do not involve a (LSSS) values appear in the Fort with NRC regulations. significant increase in the probability or Calhoun Station, Unit 1 (FCS), TS Bases Therefore, the proposed change does not consequences of any accident previously section of TS 1.3, ‘‘Limiting Safety involve a significant increase in the evaluated. System Settings, Reactor Protective probability or consequences of an accident Criterion 2—The Proposed Change Does Not System,’’ TS 1.0, ‘‘Safety Limits and previously evaluated. Create the Possibility of a New or Different Limiting Safety System Settings,’’ will 2. Does the proposed amendment create Kind of Accident From Any Previously be revised to more clearly align with the the possibility of a new or different kind of Evaluated Combustion Engineering (CE) Standard accident from any accident previously The proposed changes add an action Technical Specifications (STS) 2.0 in evaluated? statement for two inoperable control room content. Therefore, TS Section 1.1, Response: No. subsystems. The changes do not involve a The accident analyses indicate that the physical altering of the plant (i.e., no new or ‘‘Safety Limits—Reactor Core,’’ will be revised to incorporate the TSTF–445–A, peak linear heat rate may exceed the present different type of equipment will be installed) Limiting Safety System Setpoint of 22 kW/ft or a change in methods governing normal Revision 1, peak fuel centerline during the Control Element Assembly (CEA) pant operation. The requirements in the TS temperature (PFCT) criteria, and TS 1.2, continue to require maintaining the control ‘‘Safety Limits—Reactor Coolant System Drop, Excess Load, and Loss of Feedwater room temperature within the design limits. Pressure,’’ will be revised to incorporate Heating events. The analyses for these Therefore, the changes do not create the the SL violation action which is [anticipated operational occurrences] possibility of a new or different kind of currently delineated in administrative indicate that the PFCT is not significantly accident from any previously evaluated. control TS 5.7.1. TS Section 1.3 will be challenged or exceeded. The existing Criterion 3—The Proposed Change Does Not relocated to the currently unused TS analyses remain unchanged and do not affect Involve a Significant Reduction in the Margin Section 2.13 to be more consistent with any accident initiators that would create a of Safety the content of the CE STS (i.e., the LSSS new accident. The proposed changes add an action will be located in the Limiting Therefore, the proposed change does not statement for two inoperable control room Conditions for Operation (LCO) section create the possibility of a new or different subsystems. Instituting the proposed changes of the FCS TS which is similar to the kind of accident from any previously will continue to maintain the control room LCO/Surveillance Requirements Section evaluated. temperature within design limits. Changes to 3.0 of the STS). As noted above, the 3. Does the proposed amendment involve the Bases or licensee controlled document a significant reduction in a margin of safety? administrative control in TS 5.7.1, are performed in accordance with 10 CFR Response: No. ‘‘Safety Limit Violation,’’ will be 50.59. This approach provides an effective The proposed change does not require any relocated to TS Section 2.13. Also, level of regulatory control and ensures that change in accident analysis methods or administrative control TS 5.9.5, ‘‘Core the control room temperature will be results. Therefore, by changing the SL from maintained within design limits. Operating Limits Report (COLR),’’ item PLHR to peak fuel centerline melt The proposed changes maintain sufficient a., will be revised to add TS 2.13, ‘‘RPS temperature, the margin, as established in the controls to preserve the current margins of Limiting Safety System Settings,’’ Table current licensing basis, remains unchanged. safety. Based upon the reasoning above, the 2–11, Items 6, 8, and 9, to the list of NRC staff concludes that the amendment The proposed administrative change items that shall be documented in the relocates descriptive information from one request involves no significant hazards COLR. The TS table of contents (TOC) consideration. section of the TS to another TS section, will be updated to reflect the deletion thereby maintaining the information in the The NRC staff has reviewed the and subsequent renumbering of TS 1.3 licensee’s referenced analysis, and has FCS TS, which has no effect on safety and Table 1–1 to TS 2.13 and Table 2– margins. found that the three standards of 10 CFR 11, respectively. In addition, the TOC Therefore, the proposed change does not 50.92(c) are satisfied. Therefore, the will be updated to delineate the new TS involve a significant reduction in a margin of NRC staff proposes to determine that the subsections 1.1.1 and 1.1.2, provide the safety. proposed amendment involves no revised titles for TS 1.0, 1.1, 1.2, and significant hazards consideration. 2.13, and to reflect TS 5.7.1 as ‘‘Not The NRC staff has reviewed the Attorney for licensee: Jonathan Rogoff, used.’’ licensee’s analysis and, based on this Esquire, Vice President, Counsel & Basis for proposed no significant review, it appears that the three Secretary, Nuclear Management hazards consideration determination: standards of 10 CFR 50.92(c) are Company, LLC, 700 First Street, As required by 10 CFR 50.91(a), the satisfied. Therefore, the NRC staff Hudson, WI 54016. licensee has provided its analysis of the proposes to determine that the NRC Acting Branch Chief: Travis L. issue of no significant hazards amendment request involves no Tate. consideration, which is presented significant hazards consideration. below: Omaha Public Power District, Docket Attorney for licensee: James R. No. 50–285, Fort Calhoun Station, Unit 1. Does the proposed amendment involve Curtiss, Esq., Winston & Strawn, 1700 K No. 1, Washington County, Nebraska a significant increase in the probability or Street, NW., Washington, DC 20006– consequences of an accident previously 3817. Date of amendment request: evaluated? September 21, 2007. Response: No. NRC Branch Chief: Thomas G. Hiltz.

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Southern Nuclear Operating Company, consequences of an accident prior to Attorney for licensee: Ernest L. Blake, Inc., Georgia Power Company, adopting TSTF–476. Therefore, the Jr., Esquire, Shaw, Pittman, Potts and Oglethorpe Power Corporation, consequences of an accident previously Trowbridge, 2300 N Street, NW., evaluated are not significantly affected by Municipal Electric Authority of Georgia, this change. Washington, DC 20037. City of Dalton, Georgia, Docket Nos. 50– Therefore, this change does not involve a NRC Branch Chief: Evangelos C. 321 and 50–366, Edwin I. Hatch Nuclear significant increase in the probability or Marinos. Plant, Units 1 and 2, Appling County, consequences of an accident previously Southern Nuclear Operating Company, Georgia evaluated. Inc., Georgia Power Company, Date of amendment request: October Criterion 2—The Proposed Change Does Not Oglethorpe Power Corporation, 3, 2007. Create the Possibility of a New or Different Municipal Electric Authority of Georgia, Description of amendment request: Kind of Accident from any Previously Evaluated City of Dalton, Georgia, Docket Nos. 50– The Edwin I. Hatch Nuclear Plant, Units 321 and 50–366, Edwin I. Hatch Nuclear 1 and 2, requests adoption of an The proposed change will not introduce Plant, Units 1 and 2, Appling County, approved change to the Standard new failure modes or effects and will not, in the absence of other unrelated failures, lead Georgia Technical Specifications (STSs) for to an accident whose consequences exceed Date of amendment request: October Boiling Water Reactor (BWR) plants the consequences of accidents previously 5, 2007. (NUREG–1433 and NUREG–1434) and evaluated. The control rod drop accident Description of amendment request: plant-specific technical specifications (CRDA) is the design basis accident for the The proposed amendments would add a (TSs), to allow the use of the improved subject TS changes. This change does not create the possibility of a new or different 72-hour Completion Time (CT) for an banked position withdrawal sequence inoperable swing diesel generator. (BPWS) during shutdowns in kind of accident from an accident previously evaluated. Currently, the Technical Specifications accordance with NEDO–33091–A, Criterion 3—The Proposed Change Does (TSs) provide a 14-day CT which may Revision 2, ’’Improved BPWS Control Not Involve a Significant Reduction in the be used provided that planned Rod Insertion Process,’’ dated July 2004. Margin of Safety maintenance on certain plant The changes are consistent with NRC- The proposed change, TSTF–476, Revision components is restricted prior to approved Industry/Technical 1, incorporates the improved BPWS, entering, and for the duration of, the 14- Specification Task Force (TSTF) previously approved in NEDO–33091–A, into the improved TS. The control rod drop day CT. The 72-hour CT and the 14-day Standard Technical Specification CT are explicitly addressed in the TS Change Traveler, TSTF–476, Revision 1. accident (CRDA) is the design basis accident for the subject TS changes. In order to Limiting Condition for Operation (LCO) The Nuclear Regulatory Commission minimize the impact of a CRDA, the BPWS for four of the five emergency diesel (NRC) staff published a notice of process was developed to minimize control generators. In addition, the 14-day CT is availability of a model safety evaluation rod reactivity worth for BWR plants. The explicitly addressed in the TS LCO for and model no significant hazards proposed improved BPWS further simplifies the fifth diesel generator, the swing consideration (NSHC) determination for the control rod insertion process, and in diesel generator. Further, the existing referencing in license amendment order to evaluate it, the staff followed the guidelines of Standard Review Plan Section 14-day CT and the proposed 72-hour CT applications in the Federal Register on are currently described in the TS Bases May 23, 2007, (72 FR 29004) as apart of 15.4.9, and referred to General Design Criterion 28 of Appendix A to 10 CFR part for LCO 3.8.1. This proposed change the consolidated line-term improvement 50 as its regulatory requirement. The TSTF will provide an explicit reference to the process (CLIIP), and a correction on May stated the improved BPWS provides the 72-hour CT in the actual TS for the 30, 2007, (72 FR 30043). The licensee following benefits: (1) Allows the plant to swing diesel. affirmed the applicability of the model reach the all-rods-in condition prior to Basis for proposed no significant NSHC determination in its application significant reactor cool down, which reduces hazards consideration determination: the potential for re-criticality as the reactor dated October 3, 2007. As required by 10 CFR 50.91(a), the Basis for proposed no significant cools down; (2) reduces the potential for an operator reactivity control error by reducing licensee has provided its analysis of the hazards consideration determination: issue of no significant hazards As required by 10 CFR 50.91(a), an the total number of control rod manipulations; (3) minimizes the need for consideration, which is presented analysis of the issue of no significant manual scrams during plant shutdowns, below: hazards consideration is presented resulting in less wear on control rod drive 1. Does the proposed change involve a below: (CRD) system components and CRD significant increase in the probability or mechanisms; and (4) eliminates unnecessary consequences of an accident previously Criterion 1—The Proposed Change Does Not control rod manipulations at low power, Involve a Significant Increase in the evaluated? resulting in less wear on reactor manual The proposed change will explicitly add, Probability or Consequences of an Accident control and CRD system components. The Previously Evaluated to the Technical Specifications (TS), a 72 addition of procedural requirements and hour CT for the swing diesel generator in The proposed changes modify the TS to verifications specified in NEDO–33091–A, addition to the 14 day CT already listed. The allow the use of the improved banked along with the proper use of the BPWS will 72 hour CT is currently imposed on the position withdrawal sequence (BPWS) during prevent a control rod drop accident (CRDA) swing DG until it can be verified that shutdowns if the conditions of NEDO– from occurring while power is below the low planned maintenance restrictions are in 33091–A, Revision 2, ’’Improved BPWS power setpoint (LPSP). The net change to the place. Mention of the planned restrictions is Control Rod Insertion Process,’’ July 2004, margin of safety is insignificant. Therefore, also being added to the specifications for the have been satisfied. The staff finds that the this change does not involve a significant dedicated DGs for consistency. This TS licensee’s justifications to support the reduction in a margin of safety. change does not propose any physical specific TS changes are consistent with the The NRC staff has reviewed the changes to systems or components that are approved topical report and TSTF–476, analysis and, based on this review, it important to safety, including those systems Revision 1. Since the change only involves appears that the three standards of 10 that are designed to prevent previously changes in control rod sequencing, the evaluated accidents, or to mitigate the probability of an accident previously CFR 50.92(c) are satisfied. Therefore, the consequences of those accidents. evaluated is not significantly increased, if at NRC staff proposes to determine that the Additionally, this proposed TS change all. The consequences of an accident after amendment request involves no does not change any safety analyses for adopting TSTF–476 are no different than the significant hazards consideration. LOCA/LOSP [loss-of-coolant accident/loss-

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of-offsite power] with respect to diesel amendments that the application core protection safety limit, which is generator availability or capabilities. This complies with the standards and being changed to accommodate the change does not request an increase to the requirements of the Atomic Energy Act introduction of AREVA NP’s Mark–B– diesel generator out of service CT, in fact, it of 1954, as amended (the Act), and the acts to enforce a 72 hour CT for the swing HTP fuel design in the TMI–1 cycle 17 diesel. Commission’s rules and regulations. reload (fall 2007). Consequently, this TS change does not The Commission has made appropriate Date of issuance: October 15, 2007. significantly increase the probability or findings as required by the Act and the Effective date: As of the date of consequences of a previously evaluated Commission’s rules and regulations in issuance and shall be implemented accident. 10 CFR Chapter I, which are set forth in within 30 days. 2. Does the proposed change create the the license amendment. Amendment No. 262. possibility of a new or different kind of Notice of Consideration of Issuance of Facility Operating License No. DPR– accident from any accident previously Amendment to Facility Operating 50. Amendment revised the license and evaluated? License, Proposed No Significant the TSs. This proposed TS change explicitly adds a Date of initial notice in Federal 72 hour CT to the swing diesel generator Hazards Consideration Determination, ‘‘Completion Time’’ column of LCO 3.8.1, and Opportunity for A Hearing in Register: April 24, 2007 (72 FR 20377). and adds mention of the planned connection with these actions was The supplement dated July 25, 2007, maintenance restrictions to the same column published in the Federal Register as provided additional information that for the dedicated DGs as well. These TS indicated. clarified the application, did not expand changes will reflect the current practices of Unless otherwise indicated, the the scope of the application as originally the operating staff with respect to the Commission has determined that these noticed and did not change the NRC handling of inoperable diesel generators. No amendments satisfy the criteria for staff’s original proposed no significant requests are being made to increase the CTs categorical exclusion in accordance hazards determination. The for the diesel generators; instead, the more with 10 CFR 51.22. Therefore, pursuant restrictive 72 hour CT for the swing diesel is Commission’s related evaluation of the being explicitly added to the TS, which to 10 CFR 51.22(b), no environmental amendment is contained in a Safety currently only includes the 14 day CT. impact statement or environmental Evaluation dated October 15, 2007. No changes are being made to the assessment need be prepared for these No significant hazards consideration operations, maintenance, or testing of plant amendments. If the Commission has comments received: No. equipment. No new modes of operation are prepared an environmental assessment proposed and therefore, no new failure under the special circumstances Entergy Operations, Inc., System Energy modes are introduced. provision in 10 CFR 51.22(b) and has Resources, Inc., South Mississippi Consequently, the proposed change does made a determination based on that Electric Power Association, and Entergy not create the possibility of a new or different assessment, it is so indicated. Mississippi, Inc., Docket No. 50–416, kind of accident from any previously For further details with respect to the Grand Gulf Nuclear Station, Unit 1, evaluated. Claiborne County, Mississippi 3. Does the proposed change involve a action see (1) the applications for significant reduction in the margin of safety? amendment, (2) the amendment, and (3) Date of application for amendment: This TS change will include a more the Commission’s related letter, Safety November 1, 2006, as supplemented by restrictive 72 hour CT for the swing diesel Evaluation and/or Environmental letters dated November 22, 2006, April generator in addition to the 14 day CT Assessment as indicated. All of these 4, May 7, August 16, and September 21, currently listed in the TS. The 72 hour CT items are available for public inspection 2007. will reflect that planned maintenance at the Commission’s Public Document Brief description of amendment: The restrictions must be in place before using the change revised the Grand Gulf Nuclear 14 day CT on the swing DG. For consistency, Room (PDR), located at One White Flint mention of the maintenance restrictions is North, Public File Area 01F21, 11555 Station, Unit 1, Technical Specification being added to the CT for the dedicated DGs Rockville Pike (first floor), Rockville, Surveillance Requirement 3.3.1.1.7 for as well. These changes are more restrictive Maryland. Publicly available records the surveillance interval of the local than what is currently included in the TS. will be accessible from the Agencywide power range monitor calibrations from Accordingly, the changes do not involve a Documents Access and Management 1000 megawatt-days per ton (MWD/T) significant reduction in the margin of safety. Systems (ADAMS) Public Electronic (approximately every 36 days) to 2000 The NRC staff has reviewed the Reading Room on the internet at the MWD/T (approximately every 72 days). licensee’s analysis and, based on this NRC Web site, http://www.nrc.gov/ Date of issuance: October 24, 2007. review, it appears that the three reading-rm/adams.html. If you do not Effective date: As of the date of standards of 10 CFR 50.92(c) are have access to ADAMS or if there are issuance and shall be implemented satisfied. Therefore, the NRC staff problems in accessing the documents within 60 days of issuance. proposes to determine that the located in ADAMS, contact the PDR Amendment No: 177. amendment request involves no Reference staff at 1 (800) 397–4209, Facility Operating License No. NPF– significant hazards consideration. (301) 415–4737 or by e-mail to 29: The amendment revises the Facility Attorney for licensee: Ernest L. Blake, [email protected]. Operating License and Technical Jr., Esquire, Shaw, Pittman, Potts and Specifications. AmerGen Energy Company, LLC, Docket Trowbridge, 2300 N Street, NW., Date of initial notice in Federal No. 50–289, Three Mile Island Nuclear Washington, DC 20037. Register: December 5, 2006 (71 FR NRC Branch Chief: Evangelos C. Station, Unit 1 (TMI–1), Dauphin 70559). The supplements dated Marinos. County, Pennsylvania November 22, 2006, April 4, May 7, Date of application for amendment: August 16, and September 21, 2007, Notice of Issuance of Amendments to March 22, 2007, as supplemented by provided additional information that Facility Operating Licenses letter dated July 25, 2007. clarified the application, did not expand During the period since publication of Brief description of amendment: The the scope of the application as originally the last biweekly notice, the amendment consists of changes to noticed, and did not change the staff’s Commission has issued the following various technical specifications (TSs) original proposed no significant hazards amendments. The Commission has related to the variable low reactor consideration determination as determined for each of these coolant system pressure-temperature published in the Federal Register.

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The Commission’s related evaluation Safety Evaluation dated October 22, The Commission’s related evaluation of the amendment is contained in a 2007. of the amendments is contained in a Safety Evaluation dated October 24, No significant hazards consideration Safety Evaluation dated October 18, 2007. comments received: No. 2007. No significant hazards consideration FirstEnergy Nuclear Operating No significant hazards consideration comments received: No. Company, et. al., Docket No. 50–346, comments received: No. Exelon Generation Company, LLC, Davis-Besse Nuclear Power Station, Unit Indiana Michigan Power Company, Docket Nos. 50–373 and 50–374, LaSalle No. 1, Ottawa County, Ohio Docket Nos. 50–315, Donald C. Cook County Station (LSCS), Units 1 and 2, Date of application for amendment: Nuclear Plant, Units 1 and 2 (DCCNP– LaSalle County, Illinois February 12, 2007. 1 and DCCNP–2), Berrien County, Date of application for amendments: Brief description of amendment: This Michigan November 17, 2006. amendment revised Technical Date of application for amendments: Brief description of amendments: The Specification 3/4.9.4, ‘‘Containment June 27, 2007, as supplemented on proposed amendment would modify the Penetrations,’’ to allow containment September 21, 2007. technical specifications (TS) to replace penetrations that provide direct access Brief description of amendments: The references to Section XI of the American from the containment atmosphere to the amendments made changes to Sections Society of Mechanical Engineers Boiler outside to be open during refueling 3.3.3, ‘‘Post Accident Monitoring and Pressure Vessel Code (ASME Code) activities if appropriate administrative Instrumentation,’’ 3.5, ‘‘Emergency Core with a reference to the ASME Code of controls are established. Cooling Systems,’’ and 3.6.14, Operation and Maintenance of Nuclear Date of issuance: October 17, 2007. sbull I11‘‘Containment Recirculation Power Plants in TS 5.5.7, ‘‘Inservice Effective date: As of the date of Drains,’’ of the DCCNP–1 and DCCNP– Testing Program.’’ These changes are issuance and shall be implemented consistent with the implementation of within 60 days. 2 Technical Specifications to reflect the LSCS, Units 1 and 2, for the third Amendment No.: 277. resolution of issues raised by Generic 10-year IST program. Facility Operating License No. NPF–3: Letter (GL) 2004–02, ‘‘Potential Impact Date of issuance: October 12, 2007. Amendment revised the Technical of Debris Blockage on Emergency Effective date: As of the date of Specifications and License. Recirculation during Design Basis issuance and shall be implemented Date of initial notice in Federal Accidents at Pressurized-Water within 30 days. Register: April 10, 2007 (72 FR 17949). Reactors.’’ Amendment Nos.: 185/172. The Commission’s related evaluation Date of issuance: October 18, 2007. Facility Operating License Nos. NPF– of the amendment is contained in a Effective date: As of the date of 11 and NPF–18: The amendments Safety Evaluation dated October 17, issuance, and shall be implemented revised the Technical Specifications and 2007. prior to entry into Mode 4 following the License. No significant hazards consideration DCCNP–1 spring 2008 refueling outage, Date of initial notice in Federal comments received: No. and prior to entry into Mode 4 following Register: April 10, 2007 (72 FR 17948). FPL Energy Point Beach, LLC, Docket the DCCNP–2 fall 2007 refueling outage. The Commission’s related evaluation of Nos. 50–266 and 50–301, Point Beach Amendment No.: 282 and 299. the amendments is contained in a Safety Nuclear Plant, Units 1 and 2, Town of Facility Operating License Nos. DPR– Evaluation dated October 12, 2007. Two Creeks, Manitowoc County, 58 and DPR–74: Amendments revise the No significant hazards consideration Wisconsin Technical Specifications. comments received: No. Date of initial notice in Federal Date of application for amendments: Register: July 31, 2007 (72 FR 41786). Florida Power and Light Company, et. December 14, 2006, as supplemented by al., Docket Nos. 50–335 and 50–389, St. The supplemental letter contained letter dated June 13, 2007. clarifying information, did not change Lucie Plant, Unit Nos. 1 and 2, St. Lucie Brief description of amendments: The the initial no significant hazards County, Florida amendments revised Technical consideration determination, and did Specification 5.6.5 (Reactor Coolant Date of application for amendments: not expand the scope of the original System (RCS) Pressure and Temperature October 19, 2006. Federal Register notice. The Brief description of amendments: The Limits Report( to add the FERRET Code Commission’s related evaluation of the amendments revise various technical as an approved methodology for amendment is contained in a Safety specifications (TSs) to address determining RCS pressure and Evaluation dated October 18, 2007. requirements that should have been temperature limits. changed as part of amendments Date of issuance: October 18, 2007. No significant hazards consideration previously approved by the NRC, as Effective date: As of the date of comments received: No. well as to correct some typographical issuance and shall be implemented PSEG Nuclear LLC, Docket No. 50–354, errors. within 45 days. Hope Creek Generating Station, Salem Date of Issuance: October 22, 2007. Amendment Nos.: 229 and 234. County, New Jersey Effective Date: As of the date of Renewed Facility Operating License issuance and shall be implemented Nos. DPR–24 and DPR–27: Amendments Date of application for amendment: within 60 days. revised the Technical Specifications/ July 26, 2007. Amendment Nos.: 202 and 149. License. Brief description of amendment: The Renewed Facility Operating License Date of initial notice in Federal amendment removes values for turbine Nos. DPR–67 and NPF–16: Amendments Register: January 16, 2007 (72 FR first stage pressure associated with revised TSs. 1780). Pbypass from the Technical Specifications Date of initial notice in Federal The June 13, 2007, supplement, (TSs). Pbypass is the reactor power level Register: January 3, 2007 (72 FR contained clarifying information and below which the turbine stop valve 00153). did not change the staff(s initial closure and the turbine control valve The Commission’s related evaluation proposed finding of no significant fast closure reactor protection system of the amendments is contained in a hazards consideration. trip functions and the end-of-cycle

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recirculation pump trip are bypassed Notice of Issuance of Amendments to opportunity for public comment. If automatically. Facility Operating Licenses and Final comments have been requested, it is so Date of issuance: October 16, 2007. Determination of No Significant stated. In either event, the State has Effective date: As of the date of Hazards Consideration and been consulted by telephone whenever issuance, to be implemented within 60 Opportunity for a Hearing (Exigent possible. days. Public Announcement or Emergency Under its regulations, the Commission Amendment No.: 172. Circumstances) may issue and make an amendment Facility Operating License No. NPF– immediately effective, notwithstanding During the period since publication of 57: The amendment revised the TSs and the pendency before it of a request for the last biweekly notice, the the License. a hearing from any person, in advance Commission has issued the following Date of initial notice in Federal of the holding and completion of any amendments. The Commission has Register: August 14, 2007 (72 FR required hearing, where it has determined for each of these 45460). determined that no significant hazards The Commission’s related evaluation amendments that the application for the consideration is involved. of the amendment is contained in a amendment complies with the The Commission has applied the Safety Evaluation dated October 16, standards and requirements of the standards of 10 CFR 50.92 and has made 2007. Atomic Energy Act of 1954, as amended a final determination that the No significant hazards consideration (the Act), and the Commission’s rules amendment involves no significant comments received: No. and regulations. The Commission has hazards consideration. The basis for this made appropriate findings as required determination is contained in the Virginia Electric and Power Company, by the Act and the Commission’s rules documents related to this action. et. al., Docket Nos. 50–280 and 50–281, and regulations in 10 CFR Chapter I, Accordingly, the amendments have Surry Power Station, Units 1 and 2, which are set forth in the license been issued and made effective as Surry County, Virginia amendment. indicated. Date of application for amendments: Because of exigent or emergency Unless otherwise indicated, the October 3, 2006, as supplemented on circumstances associated with the date Commission has determined that these March 28 and June 19, 2007. the amendment was needed, there was amendments satisfy the criteria for Brief Description of amendments: not time for the Commission to publish, categorical exclusion in accordance These amendments revised the for public comment before issuance, its with 10 CFR 51.22. Therefore, pursuant Technical Specification Surveillance usual Notice of Consideration of to 10 CFR 51.22(b), no environmental Requirements (SRs) to: (1) Change the Issuance of Amendment, Proposed No impact statement or environmental required frequency of containment Significant Hazards Consideration assessment need be prepared for these sump inspections, and (2) replace Determination, and Opportunity for a amendments. If the Commission has specific terminology associated with the Hearing. prepared an environmental assessment existing sump screen design with For exigent circumstances, the under the special circumstances generic terminology applicable to both Commission has either issued a Federal provision in 10 CFR 51.12(b) and has the existing design and the replacement Register notice providing opportunity made a determination based on that strainer being installed in response to for public comment or has used local assessment, it is so indicated. the Nuclear Regulatory Commission’s media to provide notice to the public in For further details with respect to the Generic Letter 2004–02, ‘‘Potential the area surrounding a licensee’s facility action see (1) the application for Impact of Debris Blockage on of the licensee’s application and of the amendment, (2) the amendment to Emergency Recirculation during Design Commission’s proposed determination Facility Operating License, and (3) the Basis Accidents at Pressurized-Water of no significant hazards consideration. Commission’s related letter, Safety Reactors.’’ The Commission has provided a Evaluation and/or Environmental Date of issuance: October 15, 2007. reasonable opportunity for the public to Assessment, as indicated. All of these Effective date: As of date of issuance comment, using its best efforts to make items are available for public inspection and shall be implemented at the available to the public means of at the Commission’s Public Document completion of Unit 1 fall 2007 refueling communication for the public to Room (PDR), located at One White Flint outage. respond quickly, and in the case of North, Public File Area 01F21, 11555 Amendment Nos.: 255, 254. telephone comments, the comments Rockville Pike (first floor), Rockville, Renewed Facility Operating License have been recorded or transcribed as Maryland. Publicly available records Nos. DPR–32 and DPR–37: Amendments appropriate and the licensee has been will be accessible from the Agencywide changed the licenses and the technical informed of the public comments. Documents Access and Management specifications. In circumstances where failure to act System’s (ADAMS) Public Electronic Date of initial notice in Federal in a timely way would have resulted, for Reading Room on the Internet at the Register: November 7, 2006 (71 FR example, in derating or shutdown of a NRC Web site, http://www.nrc.gov/ 65146). The supplements dated March nuclear power plant or in prevention of reading-rm/adams.html. If you do not 28 and June 19, 2007, provided either resumption of operation or of have access to ADAMS or if there are additional information that clarified the increase in power output up to the problems in accessing the documents application, did not expand the scope of plant’s licensed power level, the located in ADAMS, contact the PDR the application as originally noticed, Commission may not have had an Reference staff at 1 (800) 397–4209, and did not change the staffs’ original opportunity to provide for public (301) 415–4737 or by e-mail to proposed no significant hazards comment on its no significant hazards [email protected]. consideration determination. The consideration determination. In such The Commission is also offering an Commission’s related evaluation of the case, the license amendment has been opportunity for a hearing with respect to amendments is contained in a Safety issued without opportunity for the issuance of the amendment. Within Evaluation dated October 15, 2007. comment. If there has been some time 60 days after the date of publication of No significant hazards consideration for public comment but less than 30 this notice, person(s) may file a request comments received: No. days, the Commission may provide an for a hearing with respect to issuance of

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the amendment to the subject facility provide a brief explanation of the bases intervene, and have the opportunity to operating license and any person whose for the contention and a concise participate fully in the conduct of the interest may be affected by this statement of the alleged facts or expert hearing. Since the Commission has proceeding and who wishes to opinion which support the contention made a final determination that the participate as a party in the proceeding and on which the petitioner intends to amendment involves no significant must file a written request via electronic rely in proving the contention at the hazards consideration, if a hearing is submission through the NRC E-Filing hearing. The petitioner must also requested, it will not stay the system for a hearing and a petition for provide references to those specific effectiveness of the amendment. Any leave to intervene. Requests for a sources and documents of which the hearing held would take place while the hearing and a petition for leave to petitioner is aware and on which the amendment is in effect. intervene shall be filed in accordance petitioner intends to rely to establish A request for hearing or a petition for with the Commission’s ‘‘Rules of those facts or expert opinion. The leave to intervene must be filed in Practice for Domestic Licensing petition must include sufficient accordance with the NRC E-Filing rule, Proceedings’’ in 10 CFR part 2. information to show that a genuine which the NRC promulgated on August Interested person(s) should consult a dispute exists with the applicant on a 28, 2007, (72 FR 49139). The E-Filing current copy of 10 CFR 2.309, which is material issue of law or fact.1 process requires participants to submit available at the Commission’s PDR, Contentions shall be limited to matters and serve documents over the internet located at One White Flint North, Public within the scope of the amendment or in some cases to mail copies on File Area 01F21, 11555 Rockville Pike under consideration. The contention electronic storage media. Participants (first floor), Rockville, Maryland, and must be one which, if proven, would may not submit paper copies of their electronically on the Internet at the NRC entitle the petitioner to relief. A filings unless they seek a waiver in Web site, petitioner/requestor who fails to satisfy accordance with the procedures http://www.nrc.gov/reading-rm/doc- these requirements with respect to at described below. collections/cfr/. If there are problems in least one contention will not be To comply with the procedural accessing the document, contact the permitted to participate as a party. requirements of E-Filing, at least five (5) PDR Reference staff at 1 (800) 397–4209, Each contention shall be given a days prior to the filing deadline, the (301) 415–4737, or by e-mail to separate numeric or alpha designation petitioner/requestor must contact the [email protected]. If a request for a hearing or within one of the following groups: Office of the Secretary by e-mail at petition for leave to intervene is filed by 1. Technical—primarily concerns/ [email protected], or by the above date, the Commission or a issues relating to technical and/or calling (301) 415–1677, to request (1) a presiding officer designated by the health and safety matters discussed or digital ID certificate, which allows the Commission or by the Chief referenced in the applications. participant (or its counsel or Administrative Judge of the Atomic 2. Environmental—primarily representative) to digitally sign Safety and Licensing Board Panel, will concerns/issues relating to matters documents and access the E-Submittal rule on the request and/or petition; and discussed or referenced in the server for any proceeding in which it is the Secretary or the Chief environmental analysis for the participating; and/or (2) creation of an Administrative Judge of the Atomic applications. electronic docket for the proceeding Safety and Licensing Board will issue a 3. Miscellaneous—does not fall into (even in instances in which the notice of a hearing or an appropriate one of the categories outlined above. petitioner/requestor (or its counsel or order. As specified in 10 CFR 2.309, if two representative) already holds an NRC- As required by 10 CFR 2.309, a or more petitioners/requestors seek to issued digital ID certificate). Each petition for leave to intervene shall set co-sponsor a contention, the petitioners/ petitioner/requestor will need to forth with particularity the interest of requestors shall jointly designate a download the Workplace Forms the petitioner in the proceeding, and representative who shall have the ViewerTM to access the Electronic how that interest may be affected by the authority to act for the petitioners/ Information Exchange (EIE), a results of the proceeding. The petition requestors with respect to that component of the E-Filing system. The should specifically explain the reasons contention. If a petitioner/requestor Workplace Forms Viewer(TM) is free and why intervention should be permitted seeks to adopt the contention of another is available at http://www.nrc.gov/site- with particular reference to the sponsoring petitioner/requestor, the help/e-submittals/install-viewer.html. following general requirements: (1) The petitioner/requestor who seeks to adopt Information about applying for a digital name, address, and telephone number of the contention must either agree that the ID certificate is available on NRC’s the requestor or petitioner; (2) the sponsoring petitioner/requestor shall act public Web site at http://www.nrc.gov/ nature of the requestor’s/petitioner’s as the representative with respect to that site-help/e-submittals/apply- right under the Act to be made a party contention, or jointly designate with the certificates.html. to the proceeding; (3) the nature and sponsoring petitioner/requestor a Once a petitioner/requestor has extent of the requestor’s/petitioner’s representative who shall have the obtained a digital ID certificate, had a property, financial, or other interest in authority to act for the petitioners/ docket created, and downloaded the EIE the proceeding; and (4) the possible requestors with respect to that viewer, it can then submit a request for effect of any decision or order which contention. hearing or petition for leave to may be entered in the proceeding on the Those permitted to intervene become intervene. Submissions should be in requestor’s/petitioner’s interest. The parties to the proceeding, subject to any Portable Document Format (PDF) in petition must also identify the specific limitations in the order granting leave to accordance with NRC guidance contentions which the petitioner/ available on the NRC public Web site at requestor seeks to have litigated at the 1 To the extent that the applications contain http://www.nrc.gov/site-help/e- proceeding. attachments and supporting documents that are not submittals.html. A filing is considered Each contention must consist of a publicly available because they are asserted to complete at the time the filer submits its contain safeguards or proprietary information, specific statement of the issue of law or petitioners desiring access to this information documents through EIE. To be timely, fact to be raised or controverted. In should contact the applicant or applicant’s counsel an electronic filing must be submitted to addition, the petitioner/requestor shall and discuss the need for a protective order. the EIE system no later than 11:59 p.m.

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Eastern Time on the due date. Upon filings must be submitted no later than circumstances, state consultation, and receipt of a transmission, the E-Filing 11:59 p.m. Eastern Time on the due final NSHC determination are contained system time-stamps the document and date. in a safety evaluation dated October 11, sends the submitter an e-mail notice Documents submitted in adjudicatory 2007. confirming receipt of the document. The proceedings will appear in NRC’s Attorney for licensee: General EIE system also distributes an e-mail electronic hearing docket which is Counsel, Tennessee Valley Authority, notice that provides access to the available to the public at http:// 400 West Summit Hill Drive, ET 11A, document to the NRC Office of the ehd.nrc.gov/EHD_Proceeding/home.asp, Knoxville, Tennessee 37902. General Counsel and any others who unless excluded pursuant to an order of NRC Branch Chief: Thomas H. Boyce. have advised the Office of the Secretary the Commission, an Atomic Safety and Dated at Rockville, Maryland, this 25th day that they wish to participate in the Licensing Board, or a Presiding Officer. of October 2007. proceeding, so that the filer need not Participants are requested not to include For the Nuclear Regulatory Commission. serve the documents on those personal privacy information, such as Catherine Haney, participants separately. Therefore, social security numbers, home Director, Division of Operating Reactor applicants and other participants (or addresses, or home phone numbers in Licensing Office of Nuclear Reactor their counsel or representative) must their filings. With respect to copyrighted Regulation. apply for and receive a digital ID works, except for limited excerpts that [FR Doc. E7–21435 Filed 11–5–07; 8:45 am] certificate before a hearing request/ serve the purpose of the adjudicatory BILLING CODE 7590–01–P petition to intervene is filed so that they filings and would constitute a Fair Use can obtain access to the document via application, Participants are requested the E-Filing system. not to include copyrighted materials in OFFICE OF PERSONNEL A person filing electronically may their submission. MANAGEMENT seek assistance through the ‘‘Contact Non-timely requests and/or petitions Us’’ link located on the NRC Web site and contentions will not be entertained Excepted Service at http://www.nrc.gov/site-help/e- absent a determination by the submittals.html or by calling the NRC Commission or the presiding officer or AGENCY: U.S. Office of Personnel technical help line, which is available the Atomic Safety and Licensing Board Management (OPM). between 8:30 a.m. and 4:15 p.m., that the petition, request and/or the ACTION: Notice. Eastern Time, Monday through Friday. contentions should be granted based on The help line number is (800) 397–4209 SUMMARY: This gives notice of OPM a balancing of the factors specified in 10 decisions granting authority to make or locally, (301) 415–4737. CFR 2.309(a)(1)(i)–(viii). Participants who believe that they appointments under Schedules A, B, have a good cause for not submitting Tennessee Valley Authority, Docket and C in the excepted service as documents electronically must file a Nos. 50–328, Sequoyah Nuclear Plant, required by 5 CFR 6.6 and 213.103. motion, in accordance with 10 CFR Unit 2, Hamilton County, Tennessee FOR FURTHER INFORMATION CONTACT: C. 2.302(g), with their initial paper filing Date of application for amendment: Penn, Group Manager, Executive requesting authorization to continue to September 17, 2007. Resources Services Group, Center for submit documents in paper format. Brief description of amendment: The Human Resources, Division for Human Such filings must be submitted by: (1) amendment revises technical Capital Leadership and Merit System First class mail addressed to the Office specification 3.6.1.9 on a one-time basis Accountability, 202–606–2246. of the Secretary of the Commission, U.S. to allow an increase in the annual limit SUPPLEMENTARY INFORMATION: Appearing Nuclear Regulatory Commission, for purging and venting containment in the listing below are the individual Washington, DC 20555–0001, Attention: from 1000 hours to 1400 hours during authorities established under Schedules Rulemaking and Adjudications Staff; or 2007. A, B, and C between September 1, 2007, (2) courier, express mail, or expedited Date of issuance: October 11, 2007. and September 30, 2007. Future notices delivery service to the Office of the Effective date: As of the date of will be published on the fourth Tuesday Secretary, Sixteenth Floor, One White issuance and shall be implemented of each month, or as soon as possible Flint North, 11555 Rockville Pike, within 45 days. thereafter. A consolidated listing of all Rockville, Maryland, 20852, Attention: Amendment Nos.: 308. authorities as of June 30 is published Rulemaking and Adjudications Staff. Facility Operating License Nos. DPR– each year. Participants filing a document in this 79: Amendment revised the technical manner are responsible for serving the specifications. Schedule A document on all other participants. Public comments requested as to No Schedule A appointments were Filing is considered complete by first- proposed no significant hazards approved for September 2007. class mail as of the time of deposit in consideration (NSHC): Yes. 72 FR Schedule B the mail, or by courier, express mail, or 54691, published September 26, 2007. expedited delivery service upon The notice provided an opportunity to No Schedule B appointments were depositing the document with the submit comments on the Commission’s approved for September 2007. provider of the service. proposed NSHC determination. No Schedule C Non-timely requests and/or petitions comments have been received. The and contentions will not be entertained notice also provided an opportunity to The following Schedule C absent a determination by the request a hearing within 60 days after appointments were approved during Commission, the presiding officer, or the date of publication of the notice, but September 2007. the Atomic Safety and Licensing Board indicated that if the Commission makes Section 213.3303 Executive Office of that the petition and/or request should a final NSHC determination, any such the President be granted and/or the contentions hearing would take place after issuance should be admitted, based on a of the amendment. Office of Management and Budget balancing of the factors specified in 10 The Commission’s related evaluation BOGS70020 Confidential Assistant to CFR 2.309(c)(1)(i)–(viii). To be timely, of the amendment, finding of exigent the Administrator, Office of Federal

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Procurement Policy. Effective DDGS17101 Public Affairs Specialist Preparedness. Effective September 7, September 11, 2007. to the Assistant Secretary of Defense, 2007. BOGS70021 Confidential Assistant to Public Affairs. Effective September DMGS00708 Advisor to the Assistant the Controller, Office of Federal 14, 2007. Secretary for Infrastructure Protection. Financial Management. Effective DDGS17102 Staff Assistant to the Effective September 12, 2007. September 18, 2007. Special Assistant to the Secretary of DMGS00718 Senior Advisor to the Defense for White House Liaison. Director, Bureau of Citizenship and Section 213.3304 Department of State Effective September 14, 2007. Immigration Services. Effective DSGS61252 Special Assistant to the DDGS17103 Public Affairs Specialist September 18, 2007. Assistant Secretary for Economic and to the Assistant Secretary of Defense DMGS00713 Special Assistant to the Business Affairs. Effective September Public Affairs. Effective September Chief of Staff. Effective September 26, 7, 2007. 14, 2007. 2007. DSGS61255 Staff Assistant to the DDGS17106 Special Assistant to the DMGS00716 Associate Executive Assistant Secretary for Public Affairs. Assistant Secretary of Defense Secretary for White House/ Effective September 11, 2007. (Legislative Affairs). Effective Interagency Coordination and Briefing DSGS66856 Public Affairs Specialist September 17, 2007. Books to the Executive Secretary. to the Assistant Secretary for Public DDGS17107 Special Assistant to the Effective September 26, 2007. Affairs. Effective September 11, 2007. Assistant Secretary of Defense DSGS61258 Special Assistant to the (Legislative Affairs). Effective Section 213.3313 Department of Principal Deputy Assistant Secretary. September 17, 2007. Agriculture Effective September 14, 2007. DDGS17105 Public Affairs Specialist DAGS00919 Special Assistant to the DSGS61257 Special Assistant to the to the Assistant Secretary of Defense, Administrator, Food and Nutrition Legal Adviser. Effective September Public Affairs. Effective September Service. Effective September 14, 2007. 19, 2007. 20, 2007. DAGS00920 Confidential Assistant to DSGS61261 Staff Assistant to the DDGS17104 Defense Fellow to the the Administrator. Effective Assistant Secretary, Bureau of Special Assistant to the Secretary of September 25, 2007. International Narcotics and Law Defense for White House Liaison. Section 213.3314 Department of Enforcement Affairs. Effective Effective September 24, 2007. Commerce September 26, 2007. DDGS17111 Special Assistant to the DSGS61275 Special Assistant to the Principal Deputy Assistant Secretary DCGS00193 Senior Advisor to the Under Secretary for Arms Control and of Defense (Global Security Affairs). Deputy Assistant Secretary for Security Affairs. Effective September Effective September 24, 2007. Industry Analysis. Effective 26, 2007. Section 213.3308 Department of the September 7, 2007. DSGS61253 Protocol Officer (Visits) to Navy DCGS00468 Special Assistant to the the Chief of Protocol. Effective Under Secretary of Commerce for DNGS02224 Confidential Assistant to September 28, 2007. Industry and Security. Effective the Assistant Secretary of Navy DSGS61254 Senior Public Affairs September 14, 2007. (Installations and Environment). Officer to the Chief of Protocol. DCGS00473 Special Assistant to the Effective September 6, 2007. General Counsel. Effective September Effective September 28, 2007. DNGS07355 Director for Strategic 20, 2007. Initiatives to the Special Assistant to Section 213.3305 Department of the DCGS00553 Confidential Assistant to the Secretary. Effective September 26, Treasury the Assistant Secretary for Export 2007. DYGS00453 Media Coordinator to the DNGS07368 Staff Assistant to the Enforcement. Effective September 20, Assistant Secretary (Public Affairs) Special Assistant to the Secretary. 2007. and Director of Policy Planning. DCGS00562 Policy Advisor to the Effective September 26, 2007. Effective September 7, 2007. Assistant to the Secretary and DYGS00250 Director, Public Affairs to Section 213.3310 Department of Director, Office of Policy and Strategic the Deputy Assistant Secretary (Public Justice Planning. Effective September 20, Affairs). Effective September 20, 2007. DJGS00094 Counsel to the Assistant 2007. DCGS00262 Special Assistant to the Section 213.3306 Department of Attorney General. Effective September Deputy Assistant Secretary for Defense 6, 2007. DJGS00327 Public Affairs Specialist to Services. Effective September 28, DDGS17092 Supervisory Staff the Director, Office of Public Affairs. 2007. Assistant to the Deputy Assistant Effective September 7, 2007. DCGS00547 Confidential Assistant to Secretary of Defense (Near East and DJGS00359 Public Affairs Specialist to the Deputy Under Secretary and South Asian Affairs). Effective the Director, Office of Public Affairs. Deputy Director of U.S. Patent and September 4, 2007. Effective September 7, 2007. Trademark Office. Effective DDGS17100 Public Affairs Specialist DJGS00323 Counsel to the Principal September 28, 2007. to the Assistant Secretary of Defense Deputy Assistant Attorney General. DCGS60637 Special Assistant to the Public Affairs. Effective September Effective September 24, 2007. Executive Director for Trade 10, 2007. DJGS00405 Special Assistant to the Promotion and Outreach. Effective DDGS17083 Confidential Assistant to Assistant Attorney General, Office of September 28, 2007. the Special Assistant to the Secretary Justice Programs. Effective September Section 213.3315 Department of Labor and Deputy Secretary of Defense. 28, 2007. Effective September 14, 2007. DLGS60137 Staff Assistant to the DDGS17097 Staff Assistant to the Section 213.3311 Department of Assistant Secretary for Public Affairs. Principal Deputy Under Secretary of Homeland Security Effective September 18, 2007. Defense for Policy. Effective DMGS00715 Executive Officer to the DLGS60043 Special Assistant to the September 14, 2007. Deputy Administrator for National Assistant Secretary for Occupational

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Safety and Health. Effective Section 213.3318 Environmental Chairman. Effective September 25, September 19, 2007. Protection Agency 2007. DLGS60170 Special Assistant to the EPGS0702 Special Assistant to the Section 213.3379 Commodity Futures Director, Office of Faith Based and Administrator/Executive Assistant to Trading Commission Community Initiatives. Effective the Assistant Administrator for CTOT00082 Chief of Staff to the September 19, 2007. International Activities. Effective Chairperson. Effective September 18, DLGS60255 Counselor to the Deputy September 12, 2007. Secretary of Labor. Effective 2007. September 19, 2007. Section 213.3323 Federal CTOT00097 Administrative Assistant Communications Commission to the Commissioner. Effective DLGS60042 Special Assistant to the September 24, 2007. Assistant Secretary for Public Affairs. FCGS07224 Assistant Chief to the Effective September 26, 2007. Chief, Office of Strategic Planning and Section 213.3384 Department of Policy Analysis. Effective September Housing and Urban Development Section 213.3316 Department of 7, 2007. Health and Human Services DUGS60472 Deputy Assistant Section 213.3331 Department of Secretary for Legislative Relations to DHGS60016 Confidential Assistant to Energy the Assistant Secretary for the Director, Center for Faith Based Congressional and Intergovernmental DEGS00612 Special Assistant to the and Community Initiatives. Effective Relations. Effective September 6, Director, Office of Scheduling and September 7, 2007. 2007. Advance. Effective September 7, 2007. DHGS60542 Confidential Assistant to DUGS60534 Deputy Director to the DEGS00613 Senior Advisor to the the Administrator Centers for Director, Center for Faith Based and Director, Office of Scheduling and Medicare and Medicaid Services. Community Initiatives. Effective Advance. Effective September 7, 2007. Effective September 7, 2007. September 11, 2007. DEGS00614 Trip Coordinator to the DHGS60627 Confidential Assistant to DUGS60596 Staff Assistant to the Director, Office of Scheduling and the Administrator, Substance Abuse General Deputy Assistant Secretary Advance. Effective September 7, 2007. and Mental Health Services. Effective for Public Affairs. Effective September DEGS00616 Special Assistant to the September 26, 2007. 28, 2007. Assistant Secretary for Policy and Section 213.3317 Department of International Affairs. Effective Section 213.3391 Office of Personnel Education September 19, 2007. Management DBGS00637 Confidential Assistant to Section 213.3332 Small Business PMGS00043 White House Liaison to the Assistant Secretary for Legislation Administration the Chief of Staff and Director of and Congressional Affairs. Effective External Affairs. Effective September SBGS00632 Speechwriter to the 25, 2007. September 6, 2007. Associate Administrator for DBGS00636 Confidential Assistant to PMGS00070 Deputy White House Communications and Public Liaison. Liaison to the Chief of Staff and the Assistant Secretary for Effective September 5, 2007. Postsecondary Education. Effective Director of External Affairs. Effective SBGS00583 Deputy Assistant September 25, 2007. September 7, 2007. Administrator for Policy and Strategic DBGS00638 Confidential Assistant to Planning to the Associate Section 213.3394 Department of the Chief of Staff. Effective September Administrator for Policy. Effective Transportation 7, 2007. September 6, 2007. DTGS60294 Counselor to the Under DBGS00642 Confidential Assistant to SBGS00633 Congressional Liaison to Secretary of Transportation for Policy. the Assistant Deputy Secretary for the Assistant Administrator for Effective September 12, 2007. Safe and Drug-Free Schools. Effective Congressional and Legislative Affairs. DTGS60369 Deputy Assistant September 12, 2007. Effective September 7, 2007. Secretary for Governmental Affairs to DBGS00643 Confidential Assistant to SBGS00619 Senior Policy Analyst to the Assistant Secretary for the Assistant Secretary, Office of the Assistant Administrator for Policy Governmental Affairs. Effective Communications and Outreach. and Strategic Planning. Effective September 24, 2007. Effective September 12, 2007. September 18, 2007. Authority: 5 U.S.C. 3301 and 3302; E.O. DBGS00647 Special Assistant to the Section 213.3337 General Services 10577, 3 CFR 1954–1958 Comp., p. 218. Assistant Secretary, Office of Administration U.S. Office of Personnel Management. Communications and Outreach. Effective September 21, 2007. GSGS00165 Senior Advisor to the Howard C. Weitzman, Chief of Staff. Effective September 12, DBGS00648 Confidential Assistant to Deputy Director. 2007. the Assistant Secretary for Civil [FR Doc. E7–21767 Filed 11–5–07; 8:45 am] GSGS00180 Confidential Assistant to Rights. Effective September 21, 2007. BILLING CODE 6325–39–P the Associate Administrator for DBGS00639 Special Assistant to the Congressional and Intergovernmental Director, White House Initiative on Affairs. Effective September 18, 2007. SECURITIES AND EXCHANGE Hispanic Education. Effective GSGS00099 Senior Advisor to the COMMISSION September 28, 2007. Regional Administrator, Region 3, DBGS00641 Chief of Staff to the Chief Philadelphia, Pennsylvania. Effective Proposed Collection; Comment Financial Officer. Effective September September 28, 2007. Request 28, 2007. DBGS00649 Confidential Assistant to Section 213.3342 Export-Import Bank Upon Written Request, Copies Available the Director, Scheduling and Advance EBSL45010 Senior Vice President and From: Securities and Exchange Staff. Effective September 28, 2007. General Counsel to the President and Commission, Office of Investor

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Education and Advocacy, securities are not registered with the on rule 237 to offer securities to Washington, DC 20549–0213. Commission and may not be offered or Canadian/U.S. Participants and sell Extension: sold in the United States unless they are securities to their accounts without Rule 237, SEC File No. 270–465, OMB registered or exempt from registration becoming subject to the registration Control No. 3235–0528. under the U.S. securities laws. Rule 237 requirements of the Securities Act. Notice is hereby given that, pursuant does not require any documents to be Because Canadian law strictly limits the to the Paperwork Reduction Act of 1995 filed with the Commission. The burden amount of foreign investments that may (44 U.S.C. 3501–3520), the Securities under the rule associated with adding be held in a Canadian retirement and Exchange Commission (the this disclosure to written offering account, however, the staff believes that ‘‘Commission’’) is soliciting comments documents is minimal and is non- the number of issuers from other on the collection of information recurring. The foreign issuer, countries that relies on rule 237, and summarized below. The Commission underwriter or broker-dealer can redraft that therefore is required to comply with plans to submit this existing collection an existing prospectus or other written the offering document disclosure of information to the Office of offering material to add this disclosure requirements, is negligible. Management and Budget for extension statement, or may draft a sticker or These burden hour estimates are and approval. supplement containing this disclosure based upon the Commission staff’s In Canada, as in the United States, to be added to existing offering experience and discussions with the individuals can invest a portion of their materials. In either case, based on fund industry. The estimates of average earnings in tax-deferred retirement discussions with representatives of the burden hours are made solely for the savings accounts (‘‘Canadian retirement Canadian fund industry, the staff purposes of the Paperwork Reduction accounts’’). In cases where these estimates that it would take an average Act. These estimates are not derived individuals move to the United States, of 10 minutes per document to draft the from a comprehensive or even a these participants (‘‘Canadian/U.S. requisite disclosure statement. representative survey or study of the The Commission understands that Participants’’ or ‘‘participants’’) may not costs of Commission rules. there are approximately 3,500 Canadian be able to manage their Canadian Written comments are invited on: (a) issuers other than funds that may rely retirement account investments. Most Whether the collection of information is on rule 237 to make an initial public securities and most investment necessary for the proper performance of offering of their securities to the functions of the Commission, companies (‘‘funds’’) that are ‘‘qualified Canadian/U.S. Participants. The staff including whether the information has investments’’ for Canadian retirement estimates that in any given year practical utility; (b) the accuracy of the accounts are not registered under the approximately 35 (or 1 percent) of those Commission’s estimate of the burdens of U.S. securities laws. Those securities, issuers are likely to rely on rule 237 to the collection of information; (c) ways to therefore, generally cannot be publicly make a public offering of their securities enhance the quality, utility, and clarity offered and sold in the United States to participants, and that each of those 35 of the information collected; and (d) without violating the registration issuers, on average, distributes 3 requirements of the Securities Act of different written offering documents ways to minimize the burdens of the 1 1933 (‘‘Securities Act’’). As a result of concerning those securities, for a total of collection of information on these registration requirements of the 105 offering documents. respondents, including through the use U.S. securities laws, Canadian/U.S. The staff therefore estimates that of automated collection techniques or Participants, in the past, had not been during each year that rule 237 is in other forms of information technology. able to purchase or exchange securities effect, approximately 35 respondents 4 Consideration will be given to for their Canadian retirement accounts would be required to make 105 comments and suggestions submitted in as needed to meet their changing responses by adding the new disclosure writing within 60 days of this investment goals or income needs. statements to approximately 105 written publication. In 2000, the Commission issued a rule offering documents. Thus, the staff Please direct your written comments that enabled Canadian/U.S. Participants estimates that the total annual burden to R. Corey Booth, Director/Chief to manage the assets in their Canadian associated with the rule 237 disclosure Information Officer, Securities and retirement accounts by providing relief requirement would be approximately Exchange Commission, C/O Shirley from the U.S. registration requirements 17.5 hours (105 offering documents x 10 Martinson, 6432 General Green Way, for offers of securities of foreign issuers minutes per document). The total Alexandria, VA, 22312; or send an e- to Canadian/U.S. Participants and sales annual cost of burden hours is estimated mail to: [email protected]. 2 to their accounts. Rule 237 under the to be $5,110.00 (17.5 hours x $292 5 per Dated: October 31, 2007. Securities Act 3 permits securities of hour of attorney time). Florence E. Harmon, foreign issuers, including securities of In addition, issuers from foreign Deputy Secretary. foreign funds, to be offered to countries other than Canada could rely Canadian/U.S. Participants and sold to [FR Doc. E7–21737 Filed 11–5–07; 8:45 am] their Canadian retirement accounts 4 This estimate of respondents also assumes that BILLING CODE 8011–01–P without being registered under the all respondents are foreign issuers. The number of Securities Act. respondents may be greater if foreign underwriters Rule 237 requires written offering or broker-dealers draft a sticker or supplement to SECURITIES AND EXCHANGE add the required disclosure to an existing offering COMMISSION materials for securities that are offered document. 5 and sold in reliance on the rule to The Commission’s estimate concerning the wage Proposed Collection; Comment disclose prominently that those rate for attorney time is based on salary information for the securities industry compiled by the Request Securities Industry Association. $292 per hour 1 15 U.S.C. 77. figure for an attorney is from the SIA Report on Upon Written Request, Copies Available 2 See Offer and Sale of Securities to Canadian Management & Professional Earnings in the From: Securities and Exchange Tax-Deferred Retirement Savings Account, Release Securities Industry 2006, modified to account for an Nos. 33–7860, 34–42905, IC–24491 (June 7, 2000) 1800-hour work-year and multiplied by 5.35 to Commission, Office of Investor [65 FR 37672 (June 15, 2000)]. account for bonuses, firm size, employee benefits Education and Advocacy, 3 17 CFR 230.237. and overhead. Washington, DC 20549–0213.

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Extension: Rule 7d–2, SEC File No. 270–465, securities to Canadian/U.S. Participants estimated to be $14,600.00 (50 hours × OMB Control No. 3235–0528. and sell securities to their Canadian $292.00 per hour of attorney time).6 Notice is hereby given that, pursuant retirement accounts without registering These burden hour estimates are to the Paperwork Reduction Act of 1995 as investment companies under the based upon the Commission staff’s (44 U.S.C. 3501–3520), the Securities Investment Company Act. experience and discussions with the and Exchange Commission (the Rule 7d–2 requires written offering fund industry. The estimates of average ‘‘Commission’’) is soliciting comments documents for securities offered or sold burden hours are made solely for the on the collection of information in reliance on the rule to disclose purposes of the Paperwork Reduction summarized below. The Commission prominently that the securities are not Act. These estimates are not derived plans to submit this existing collection registered with the Commission and from a comprehensive or even a of information to the Office of may not be offered or sold in the United representative survey or study of the Management and Budget for extension States unless registered or exempt from costs of Commission rules. and approval. registration under the U.S. securities Written comments are invited on: (a) In Canada, as in the United States, laws, and also to disclose prominently Whether the collection of information is individuals can invest a portion of their that the fund that issued the securities necessary for the proper performance of earnings in tax-deferred retirement the functions of the Commission, is not registered with the Commission. savings accounts (‘‘Canadian retirement including whether the information has The burden under the rule associated accounts’’). In cases where these practical utility; (b) the accuracy of the with adding this disclosure to written individuals move to the United States, Commission’s estimate of the burdens of offering documents is minimal and is these participants (‘‘Canadian/U.S. the collection of information; (c) ways to non-recurring. The foreign issuer, Participants’’ or ‘‘participants’’) may not enhance the quality, utility, and clarity underwriter or broker-dealer can redraft be able to manage their Canadian of the information collected; and (d) an existing prospectus or other written retirement account investments. Most ways to minimize the burdens of the offering material to add this disclosure securities and most investment collection of information on statement, or may draft a sticker or companies (‘‘funds’’) that are ‘‘qualified respondents, including through the use supplement containing this disclosure investments’’ for Canadian retirement of automated collection techniques or accounts are not registered under the to be added to existing offering other forms of information technology. U.S. securities laws. Those securities, materials. In either case, based on Consideration will be given to therefore, generally cannot be publicly discussions with representatives of the comments and suggestions submitted in offered and sold in the United States Canadian fund industry, the staff writing within 60 days of this without violating the registration estimates that it would take an average publication. requirements of the Securities Act of of 10 minutes per document to draft the Please direct your written comments 1933 (‘‘Securities Act’’) 1 and, in the requisite disclosure statement. to R. Corey Booth, Director/Chief case of securities of an unregistered The staff estimates that there are Information Officer, Securities and fund, the Investment Company Act of approximately 1,994 publicly offered Exchange Commission, c/o Shirley 2 1940 (‘‘Investment Company Act’’). As Canadian funds that potentially would Martinson, 6432 General Green Way, a result of these registration rely on the rule to offer securities to Alexandria, VA, 22312; or send an e- requirements of the U.S. securities laws, participants and sell securities to their mail to: [email protected]. Canadian/U.S. Participants, in the past, Canadian retirement accounts without had not been able to purchase or Dated: October 31, 2007. registering under the Investment Florence E. Harmon, exchange securities for their Canadian Company Act. Most of these funds have Deputy Secretary. retirement accounts as needed to meet already relied upon the rule and have their changing investment goals or made the one time change to their [FR Doc. E7–21738 Filed 11–5–07; 8:45 am] income needs. offering documents required to rely on BILLING CODE 8011–01–P In 2000, the Commission issued two the rule. The staff estimates that rules that enabled Canadian/U.S. approximately 100 (5 percent) Participants to manage the assets in SECURITIES AND EXCHANGE additional Canadian funds may newly their Canadian retirement accounts by COMMISSION rely on the rule each year to offer providing relief from the U.S. securities to Canadian/U.S. Participants registration requirements for offers of Proposed Collection; Comment and sell securities to their Canadian securities of foreign issuers to Canadian/ Request retirement accounts, thus incurring the U.S. Participants and sales to their paperwork burden required under the Upon Written Request, Copies Available accounts.3 Rule 237 under the Securities rule. The staff estimates that each of From: Securities and Exchange Act 4 permits securities of foreign Commission, Office of Investor issuers, including securities of foreign those funds, on average, distributes 3 Education and Advocacy, funds, to be offered to Canadian/U.S. different written offering documents Washington, DC 20549–0213. Participants and sold to their Canadian concerning those securities, for a total of retirement accounts without being 300 offering documents. The staff Extension: registered under the Securities Act. Rule therefore estimates that approximately Rule 204–2, SEC File No. 270–215, OMB 7d–2 under the Investment Company 100 respondents would make 300 Control No. 3235–0278. Act 5 permits foreign funds to offer responses by adding the new disclosure statement to approximately 300 written 6 The Commission’s estimate concerning the wage rate for attorney time is based on salary information 1 offering documents. The staff therefore 15 U.S.C. 77. for the securities industry compiled by the 2 15 U.S.C. 80a. estimates that the annual burden Securities Industry Association. $292 per hour 3 See Offer and Sale of Securities to Canadian associated with the rule 7d–2 disclosure figure for an attorney is from the SIA Report on Tax-Deferred Retirement Savings Account, Release requirement would be approximately 50 Management & Professional Earnings in the Nos. 33–7860, 34–42905, IC–24491 (June 7, 2000) hours (300 offering documents × 10 Securities Industry 2006, modified to account for an [65 FR 37672 (June 15, 2000)]. 1800-hour work-year and multiplied by 5.35 to 4 17 CFR 230.237. minutes per document). The total account for bonuses, firm size, employee benefits 5 17 CFR 270.7d–2. annual cost of these burden hours is and overhead.

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Notice is hereby given that pursuant SECURITIES AND EXCHANGE notified of a hearing may request to the Paperwork Reduction Act of 1995 COMMISSION notification by writing to the Commission’s Secretary. (44 U.S.C. 3501 et seq.) the Securities [Investment Company Act Release No. and Exchange Commission (the 20840; 812–13376] ADDRESSES: Secretary, U.S. Securities ‘‘Commission’’) is soliciting comments and Exchange Commission, 100 F on the collection of information MyShares Trust, et al.; Notice of Street, NE., Washington, DC 20549– summarized below. The Commission Application 1090; Applicants, MyShares Trust and plans to submit this existing collection MyShares, LLC, c/o MyShares, LLC, 210 October 31, 2007. of information to the Office of Summit Avenue, Suite C11, Montvale, AGENCY: Securities and Exchange NJ 07645, and Foreside Fund Services, Management and Budget (‘‘OMB’’) for Commission (‘‘Commission’’). extension and approval. LLC, Two Portland Square, Portland, ACTION: Notice of an application for an ME 04101. The title for the collection of order under section 6(c) of the FOR FURTHER INFORMATION CONTACT: information is ‘‘Rule 204–2’’ (17 CFR Investment Company Act of 1940 (the Barbara T. Heussler, Senior Counsel at 275.204–2) under the Investment ‘‘Act’’) for an exemption from sections (202) 551–6990, or Julia Kim Gilmer, Advisers Act of 1940 (15 U.S.C. 80b–1). 2(a)(32), 5(a)(1), 22(d), and 24(d) of the Branch Chief, at (202) 551–6871 Rule 204–2 sets forth the requirements Act and rule 22c–1 under the Act, and (Division of Investment Management, for maintaining and preserving specified under sections 6(c) and 17(b) of the Act Office of Investment Company books and records. The collection of for an exemption from sections 17(a)(1) Regulation). and (a)(2) of the Act. information under rule 204–2 is SUPPLEMENTARY INFORMATION: The necessary for the Commission staff to SUMMARY: Applicants request an order following is a summary of the use in its examination and oversight that would permit: (a) Series of open- application. The complete application program. The respondents to the end management investment may be obtained for a fee at the Public collection of information are investment companies, to issue shares (‘‘Shares’’) Reference Desk, U.S. Securities and advisers registered with us. The that can be redeemed only in large Exchange Commission, 100 F Street, Commission staff estimates that the total aggregations (‘‘Creation Units’’); (b) NE., Washington DC 20549–0102, reporting and recordkeeping burden of secondary market transactions in Shares telephone (202) 551–5850. the collection of information for each to occur at negotiated prices on a Applicants’ Representations respondent is approximately 181.1541 national securities exchange as defined hours. in section 2(a)(26) of the Act (each an 1. The Trust is registered as an open- end management investment company Written comments are invited on: (a) ‘‘Exchange’’); (c) dealers to sell Shares to purchasers in the secondary market under the Act and organized as a Whether the proposed collection of Delaware statutory trust. The Trust will information is necessary for the proper unaccompanied by a prospectus, when prospectus delivery is not required by initially offer four series (‘‘Initial performance of the functions of the Funds’’).1 The Trust may offer agency, including whether the the Securities Act of 1933 (‘‘Securities Act’’); (d) certain affiliated persons of additional investment companies in the information will have practical utility; the series to deposit securities into, and future as well as additional series of any (b) the accuracy of the agency’s estimate receive securities from, the series in existing open-end investment company of the burden of the collection of registered under the Act (‘‘Future connection with the purchase and 2 information; (c) ways to enhance the redemption of Creation Units. Funds’’). quality, utility, and clarity of the Applicants: MyShares Trust (the 2. The Advisor is registered as an information collected; and (d) ways to ‘‘Trust’’); MyShares, LLC (the ‘‘investment adviser’’ under the minimize the burden of the collection of ‘‘Advisor’’); and Foreside Fund Investment Advisers Act of 1940, as information on respondents, including Services, LLC (the ‘‘Distributor’’). amended (the ‘‘Advisers Act’’) and will through the use of automated collection Filing Dates: The application was serve as the investment adviser to each techniques or other forms of information filed on April 9, 2007, and amended on of the Initial Funds. The Advisor technology. Consideration will be given September 6, 2007 and October 31, intends to enter into sub-advisory agreements with Northern Bank and to comments and suggestions submitted 2007. Applicants have agreed to file an Trust Company (‘‘Initial Sub-Advisor’’), in writing within 60 days of this amendment during the notice period, to act as sub-advisor to the Initial Funds publication. the substance of which is reflected in this notice. and may in the future enter into Please direct your written comments Hearing or Notification of Hearing: An additional agreements with one or more to R. Corey Booth, Director/Chief order granting the application will be sub-advisors with respect to Future Information Officer, Securities and issued unless the Commission orders a Funds (all such sub-advisors Exchange Commission, c\o Shirley hearing. Interested persons may request collectively referred to as ‘‘Sub- Martinson, 6432 General Green Way, a hearing by writing to the Advisor’’). The Initial Sub-Advisor for Alexandria, VA 22312 or send an e-mail Commission’s Secretary and serving to: [email protected]. 1 The Initial Funds are: MyShares ISE applicants with a copy of the request, Homebuilders Index Fund; MyShares ISE SINdex Dated: October 30, 2007. personally or by mail. Hearing requests Fund; MyShares ISE–CCM Homeland Security Index Fund; and MyShares ISE–REVERE Wal-Mart Florence E. Harmon, should be received by the Commission by 5:30 p.m. on November 26, 2007, and Suppliers Index Fund. 2 Deputy Secretary. should be accompanied by proof of References to ‘‘Fund(s)’’ include the Initial [FR Doc. E7–21763 Filed 11–5–07; 8:45 am] Funds and the Future Funds. All existing entities service on applicants, in the form of an that intend to rely on the requested order have been BILLING CODE 8011–01–P affidavit, or for lawyers, a certificate of named as applicants. Any other existing or future service. Hearing requests should state entity that subsequently relies on the order will comply with the terms and conditions of the the nature of the writer’s interest, the application. Any Future Fund will be advised by reason for the request, and the issues the Advisor or an entity controlled by or under contested. Persons who wish to be common control with the Advisor.

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the Initial Funds is registered under the practical difficulties or substantial costs Fund reserves the right to permit, under Advisers Act; any future Sub-Advisor to involved in holding every security in an certain circumstances, a purchaser of a Fund will be registered under the Underlying Index or when a Component Creation Units to substitute cash in lieu Advisers Act. The Distributor is Security is illiquid, a Fund may use a of depositing some or all of the requisite registered as a broker-dealer under the ‘‘representative sampling’’ strategy Deposit Securities. An investor Securities Exchange Act of 1934 pursuant to which it will invest in purchasing or redeeming a Creation (‘‘Exchange Act’’), and will act as some, but not all of the relevant Unit from a Fund will be charged a fee distributor and underwriter of the Component Securities.4 Applicants (‘‘Transaction Fee’’) to prevent the Creation Units of Shares. The anticipate that a Fund that utilizing a dilution of the interests of the remaining Distributor is not affiliated with the ‘‘representative sampling’’ strategy will shareholders resulting from costs in Advisor or the Initial Sub-Advisor. not track the price and yield connection with the purchase of 3. Each Fund will hold certain equity performance of its Underlying Index Creation Units.7 The maximum securities (‘‘Portfolio Securities’’) with the same degree of accuracy as an Transaction Fees relevant to each Fund selected to correspond generally to the investment vehicle that invests in every will be fully disclosed in the Fund’s price and yield performance, before fees Component Security of the Underlying Prospectus, and the method for and expenses, of a specified equity Index in the same weighting as the calculating the Transaction Fees will be securities index (an ‘‘Underlying Underlying Index. Applicants expect disclosed in each Fund’s Prospectus or Index’’). Certain of the Underlying that each Fund will have a tracking statement of additional information Indices are composed of equity error relative to the performance of its (‘‘SAI’’). Orders to purchase Creation securities of domestic issuers and non- Underlying Index of less than 5 percent. Units will be placed with the Distributor domestic issuers meeting the 5. Creation Units are expected to who will be responsible for transmitting requirements for trading in U.S. markets range between 15,000 to 200,000 Shares the orders to the Funds. The Distributor (‘‘Domestic Indices’’). Other Underlying as will be clearly stated in the relevant also will be responsible for delivering Indices may be composed of foreign Fund’s prospectus (‘‘Prospectus’’). the Fund’s Prospectus to those persons equity securities (‘‘Foreign Indices’’). Applicants expect that the initial price purchasing Creation Units, and for Funds which track Domestic Indices are of a Creation Unit will fall in the range maintaining records of both the orders referred to as ‘‘Domestic Funds’’ and of $1,000,000 to $10,000,000. All orders placed with it and the confirmations of Funds which track Foreign Indices are to purchase Creation Units must be acceptance furnished by it. In addition, referred to as ‘‘Foreign Funds.’’ No placed with the Distributor by or the Distributor will maintain a record of entity that creates, compiles, sponsors through a party that has entered into an the instructions given to the Fund to or maintains an Underlying Index agreement with the Distributor implement the delivery of Shares. (‘‘Index Provider’’) is or will be an (‘‘Authorized Participant’’). An 6. Purchasers of Shares in Creation affiliated person, as defined in section Authorized Participant must be either: Units may hold such Shares or may sell 2(a)(3) of the Act, or an affiliated person (a) A broker-dealer or other participant such Shares into the secondary market. of an affiliated person, of the Trust or in the continuous net settlement system Shares will be listed and traded on an a Fund, of the Advisor, of any Sub- of the National Securities Clearing Exchange. If the American Stock Advisor to or promoter of a Fund, or of Corporation (‘‘NSCC’’), a clearing Exchange LLC or the New York Stock the Distributor. agency registered with the Commission; Exchange LLC is the listing Exchange, it 4. The investment objective of each or (b) a participant in the Depository is expected that one or more member Fund will be to provide investment Trust Company (‘‘DTC’’, and such firms of such Exchange will be results that correspond generally to the participant, ‘‘DTC Participant’’). Shares designated to act as a specialist and price and yield performance, before fees of each Fund generally will be sold in maintain a market on the Exchange for and expenses, of its Underlying Index. Creation Units in exchange for an in- Shares trading on the Exchange Intra-day values of the Underlying Index kind deposit by the purchaser of a (‘‘Specialist’’). If NYSE Arca, Inc. or will be disseminated every 15 seconds portfolio of securities designated by the NYSE Arca Marketplace, LLC throughout the trading day. A Fund will Advisor or Sub-Advisor to correspond (collectively, ‘‘NYSE Arca’’) is the utilize either a ‘‘replication strategy’’ or generally to the price and yield listing Exchange, it is expected that one ‘‘representative sampling’’ which will performance of the relevant Underlying or more of the market makers that are be disclosed with regard to each Fund Index (the ‘‘Deposit Securities’’), 3 in its prospectus. A Fund using a together with the deposit of a specified day that the New York Stock Exchange, the ‘‘replication strategy’’ generally will cash payment (‘‘Balancing Amount’’).5 Exchange, the Fund and the Custodian are open for invest in all of the Component The Balancing Amount is an amount business and includes any day that a Fund is Securities in its Underlying Index in the required to be open under section 22(e) of the Act. equal to the difference between (a) the In addition to the list of names and amount of each same approximate proportions as in the net asset value (‘‘NAV’’) (per Creation security constituting the current Deposit Securities, Underlying Index. In certain Unit) of the Fund and (b) the total it is intended that, on each Business Day, the circumstances, such as when there are aggregate market value (per Creation Balancing Amount effective as of the previous 6 Business Day, per outstanding Share, will be made Unit) of the Deposit Securities. Each available. Any Exchange on which Shares are listed 3 Applicants represent that a Fund will normally invest at least 90% of its total assets in the will disseminate, every 15 seconds, during its 4 Under the ‘‘representative sampling’’ strategy, component securities that comprise its Underlying regular trading hours, through the facilities of the the Advisor or Sub-Advisor will seek to construct Index (‘‘Component Securities’’) or, in the case of Consolidated Tape Association, an amount per a Fund’s portfolio so that its investment Foreign Funds, Component Securities and Share representing the sum of the estimated characteristics (based on market capitalization and depositary receipts representing such securities. Balancing Amount plus the current value of the ‘‘Depositary Receipts’’ will typically be American industry weightings), fundamental characteristics Deposit Securities, on a per Share basis. Depositary Receipts, but may include Global (such as return variability, earnings valuation and 7 Where a Fund permits a purchaser to substitute Depositary Receipts and Euro Depositary Receipts. yield) and liquidity measures perform like those of cash in lieu of depositing a portion of the requisite Each Fund also may invest up to 10% of its assets the Underlying Index. Deposit Securities, the purchaser may be assessed in certain futures, options and swap contracts, cash 5 The deposit of the requisite Deposit Securities a higher Transaction Fee to cover the cost of and cash equivalents, as well as in stocks not and the Balancing Amount are collectively referred purchasing such Deposit Securities, including included in its Underlying Index, but which the to as a ‘‘Portfolio Deposit.’’ brokerage costs, and part or all of the spread Advisor or Sub-Advisor believes will help the Fund 6 Each Fund will sell and redeem Creation Units between the expected bid and the offer side of the track its Underlying Index. only on a ‘‘Business Day’’ which is defined as any market relating to such Deposit Securities.

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members of NYSE Arca (‘‘Arca Market that date,10 and (b) a ‘‘Cash Redemption purposes fairly intended by the policy Makers’’) will register to make a market Payment,’’ consisting of an amount and provisions of the Act. in Shares listed on NYSE Arca. If The calculated in the same manner as the Sections 5(a)(1) and 2(a)(32) of the Act NASDAQ Stock Market, Inc. Balancing Amount, although the actual (‘‘NASDAQ’’) is the listing Exchange, amount of the Cash Redemption 3. Section 5(a)(1) of the Act defines an one or more member firms of NASDAQ Payment may differ from the Balancing ‘‘open-end company’’ as a management will act as a market maker (‘‘NASDAQ Amount if the Fund Securities are not investment company that is offering for Market Maker’’) and maintain a market identical to the Deposit Securities on sale or has outstanding any redeemable on NASDAQ for Shares trading on that day. An investor may receive the security of which it is the issuer. NASDAQ.8 Prices of Shares trading on cash equivalent of a Fund Security in Section 2(a)(32) of the Act defines a an Exchange will be based on the certain circumstances, such as if the redeemable security as any security, current bid/offer market. Shares sold in investor is constrained from effecting other than short-term paper, under the the secondary market will be subject to transactions in the security by terms of which the holder, upon its customary brokerage commissions and regulation or policy. presentation to the issuer, is entitled to receive approximately his proportionate charges. 9. No Fund will be marketed or share of the issuer’s current net assets, 7. Applicants expect that purchasers otherwise held out as a traditional open- or the cash equivalent. Because Shares of Creation Units will include end investment company or a mutual institutional investors and arbitrageurs will not be individually redeemable, fund. Instead, each Fund will be applicants request an order that would (which could include institutional marketed as an ‘‘ETF,’’ an ‘‘investment investors). A Specialist, or Market permit each Fund to register as an open- company,’’ a ‘‘fund,’’ or a ‘‘trust.’’ All end management investment company Makers, in providing a fair and orderly marketing materials that describe the secondary market for the Shares, also and issue Shares that are redeemable in features or method of obtaining, buying Creation Units only. Applicants state may purchase Creation Units for use in or selling Creation Units, or Shares its market-making activities. Applicants that investors may purchase Shares in traded on the Exchange, or refer to Creation Units and redeem Creation expect that secondary market redeemability, will prominently purchasers of Shares will include both Units from each Fund. Applicants disclose that Shares are not individually further state that because the market institutional investors and retail redeemable and that the owners of investors.9 Applicants expect that the price of Shares will be disciplined by Shares may acquire those Shares from arbitrage opportunities, investors should price at which Shares trade will be the Fund, or tender such Shares for be able to sell Shares in the secondary disciplined by arbitrage opportunities redemption to the Fund in Creation market at prices that do not vary created by the option continually to Units only. The same approach will be substantially from their NAV. purchase or redeem Creation Units at followed in the SAI, shareholder reports their NAV, which should ensure that and investor educational materials Section 22(d) of the Act and Rule 22c– Shares will not trade at a material issued or circulated in connection with 1 Under the Act discount or premium in relation to their the Shares. The Funds will provide 4. Section 22(d) of the Act, among NAV. copies of their annual and semi-annual other things, prohibits a dealer from 8. Shares will not be individually shareholder reports to DTC Participants selling a redeemable security, which is redeemable, and owners of Shares may for distribution to shareholders. currently being offered to the public by acquire those Shares from the Fund, or Applicants’ Legal Analysis or through a principal underwriter, tender such Shares for redemption to except at a current public offering price the Fund, in Creation Units only. To 1. Applicants request an order under described in the prospectus. Rule 22c– redeem, an investor will have to section 6(c) of the Act for an exemption 1 under the Act generally requires that accumulate enough Shares to constitute from sections 2(a)(32), 5(a)(1), 22(d) and a dealer selling, redeeming or a Creation Unit. Redemption orders 24(d) of the Act and rule 22c–1 under repurchasing a redeemable security do must be placed by or through an the Act; and under sections 6(c) and so only at a price based on its NAV. Authorized Participant. An investor 17(b) of the Act for an exemption from Applicants state that secondary market redeeming a Creation Unit generally sections 17(a)(1) and 17(a)(2) of the Act. trading in Shares will take place at will receive (a) Portfolio Securities 2. Section 6(c) of the Act provides that negotiated prices, not at a current designated to be delivered for Creation the Commission may exempt any offering price described in a Fund’s Unit redemptions (‘‘Fund Securities’’) person, security or transaction, or any Prospectus, and not at a price based on on the date that the request for class of persons, securities or NAV. Thus, purchases and sales of redemption is submitted, which may transactions, from any provision of the Shares in the secondary market will not not be identical to the Deposit Securities Act, if and to the extent that such comply with section 22(d) of the Act required to purchase Creation Units on exemption is necessary or appropriate and rule 22c–1 under the Act. in the public interest and consistent Applicants request an exemption under 8 If Shares are listed on the NASDAQ, no with the protection of investors and the section 6(c) from these provisions. particular NASDAQ Market Maker will be 5. Applicants assert that the concerns contractually obligated to make a market in Shares, although NASDAQ’s listing requirements stipulate 10 As a general matter, the Deposit Securities and sought to be addressed by section 22(d) that at least two NASDAQ Market Makers must be Fund Securities will correspond pro rata to the of the Act and rule 22c–1 under the Act registered in Shares to maintain the listing. Portfolio Securities held by each Fund, but Fund with respect to pricing are equally Applicants state that registered Arca Market Makers Securities received on redemption may not always satisfied by the proposed method of and NASDAQ Market Makers (collectively, ‘‘Market be identical to Deposit Securities deposited in Makers’’) are required to make a continuous, two- connection with the purchase of Creation Units for pricing Shares. Applicants maintain that sided market at all times or be subject to regulatory the same day. The Funds will comply with the while there is little legislative history sanctions. federal securities laws in accepting Deposit regarding section 22(d), its provisions, 9 Shares will be registered in book-entry form Securities and satisfying redemptions with Fund as well as those of rule 22c–1, appear to only. DTC or its nominee will be the registered Securities, including that the Deposit Securities and owner of all outstanding Shares. DTC or DTC Fund Securities are sold in transactions that would have been designed to (a) prevent Participants will maintain records reflecting be exempt from registration under the Securities dilution caused by certain riskless- beneficial owners of Shares. Act. trading schemes by principal

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underwriters and contract dealers, (b) 8. Applicants state that Shares are from the company. Section 2(a)(3) of the prevent unjust discrimination or bought and sold in the secondary Act defines ‘‘affiliated person’’ to preferential treatment among buyers, market in the same manner as closed- include any person directly or indirectly and (c) ensure an orderly distribution of end fund shares. Applicants note that owning, controlling or holding with investment company shares by transactions in closed-end fund shares power to vote 5% or more of the eliminating price competition from are not subject to section 24(d), and thus outstanding voting securities of the dealers offering shares at less than the closed-end fund shares are sold in the other person, any person 5% or more of published sales price and repurchasing secondary market without a prospectus. whose outstanding voting securities are shares at more than the published Applicants contend that Shares likewise directly or indirectly owned, controlled redemption price. merit a reduction in the unnecessary or held with the power to vote by the 6. Applicants believe that none of compliance costs and regulatory other person, and any person directly or these purposes will be thwarted by burdens resulting from the imposition of indirectly controlling, controlled by or permitting Shares to trade in the the prospectus delivery obligations in under common control with the other secondary market at negotiated prices. the secondary market. Because Shares person. Section 2(a)(9) of the Act Applicants state that (a) secondary will be listed on an Exchange, provides that a control relationship will market trading in Shares does not prospective investors will have access to be presumed where one person owns involve the Funds as parties and cannot information about the product over and more than 25% of another person’s result in dilution of an investment in above what is normally available about voting securities. The Funds may be Shares, and (b) to the extent different an open-end security. Applicants state deemed to be controlled by the Advisor prices exist during a given trading day, that information regarding market price or an entity controlling, controlled by or or from day to day, such variances occur and volume will be continually under common control with the Advisor as a result of third-party market forces, available on a real time basis throughout and hence affiliated persons of each such as supply and demand. Therefore, the day on brokers’ computer screens other. In addition, the Funds may be applicants assert that secondary market and other electronic services. The deemed to be under common control transactions in Shares will not lead to previous day’s price and volume with any other registered investment discrimination or preferential treatment information will be published daily in company (or series thereof) advised by among purchasers. Finally, applicants the financial section of newspapers. In the Advisor or an entity controlling, contend that the proposed distribution addition, a website will be maintained controlled by or under common control system will be orderly because that will include each Fund’s with the Advisor (an ‘‘Affiliated Fund’’). competitive forces will ensure that the Prospectus and SAI, the relevant Applicants state that if Creation Units of difference between the market price of Underlying Index for each Fund, and all of the Funds or of one or more Shares and their NAV remains narrow. additional quantitative information that particular Funds are held by twenty or fewer investors, including a Specialist Section 24(d) of the Act is updated on a daily basis, including the mid-point of the bid-ask spread at or Market Maker, some or all of such 7. Section 24(d) of the Act provides, the time of the calculation of NAV investors will be 5% owners of the in relevant part, that the prospectus (‘‘Bid/Ask Price’’),12 the NAV for each Fund, and one or more investors may delivery exemption provided to dealer Fund, and information about the hold in excess of 25% of the Fund. Such transactions by section 4(3) of the premiums and discounts at which the investors would be deemed to be Securities Act does not apply to any Fund Shares have traded. affiliated persons of the Fund. transaction in a redeemable security 9. Applicants will arrange for broker- 11. Applicants request an exemption issued by an open-end investment dealers selling Shares in the secondary from section 17(a) of the Act pursuant company. Applicants seek relief from market to provide purchasers with a to sections 17(b) and 6(c) of the Act to section 24(d) to permit dealers selling product description (‘‘Product permit persons that are affiliated Shares to rely on the prospectus Description’’) that describes, in plain persons or second-tier affiliates of the delivery exemption provided by section English, the relevant Fund and the Funds solely by virtue of: (a) Holding 4(3) of the Securities Act.11 Shares it issues. Applicants state that a 5% or more, or in excess of 25%, of the Product Description is not intended to outstanding Shares of one or more 11 Applicants state that they are not seeking relief substitute for a full Prospectus. Funds; (b) having an affiliation with a from the prospectus delivery requirement for non- person with an ownership interest secondary market transactions, such as transactions Applicants state that the Product in which an investor purchases Shares from the Description will be tailored to meet the described in (a); or (c) holding 5% or Funds or an underwriter. Applicants further state information needs of investors more, or more than 25%, of the Shares that each Fund’s Prospectus will caution broker- purchasing Shares in the secondary of one or more Affiliated Funds, to dealers and others that some activities on their part, effectuate in-kind purchases and depending on the circumstances, may result in their market. being deemed statutory underwriters and subject redemptions. them to the prospectus delivery and liability Section 17(a)(1) and (2) of the Act 12. Section 17(b) of the Act authorizes provisions of the Securities Act. For example, a 10. Section 17(a) of the Act generally the Commission to exempt a proposed broker-dealer firm and/or its client may be deemed prohibits an affiliated person of a transaction from section 17(a) of the Act a statutory underwriter if it purchases Creation if evidence establishes that the terms of Units from a Fund, breaks them down into the registered investment company, or an constituent Shares, and sells those Shares directly affiliated person of such a person the transaction, including the to customers, or if it chooses to couple the creation (‘‘second-tier affiliate’’) from selling any consideration to be paid or received, are of a supply of new Shares with an active selling security to or purchasing any security reasonable and fair and do not involve effort involving solicitation of secondary market overreaching on the part of any person demand for Shares. Each Fund’s Prospectus will state that whether a person is an underwriter the meaning of section 4(3)(C) of the Securities Act, concerned, and the proposed depends upon all of the facts and circumstances that they would be unable to take advantage of the transaction is consistent with the policy pertaining to that person’s activities. Each Fund’s prospectus delivery exemption provided by section of each registered investment company Prospectus will caution dealers who are not 4(3) of the Securities Act. concerned and the general provisions of ‘‘underwriters’’ but are participating in a 12 The Bid-Ask Price per Fund Share of a Fund distribution (as contrasted to ordinary secondary is determined using the highest bid and the lowest the Act. market trading transactions), and thus dealing with offer on the Exchange on which the Fund Shares 13. Applicants assert that no useful Shares that are part of an ‘‘unsold allotment’’ within are listed. purpose would be served by prohibiting

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these types of affiliated persons from previous calendar quarters. In addition, companies as the acquiring investment purchasing or redeeming Creation Units the Product Description for each Fund companies. through ‘‘in-kind’’ transactions. The will state that the website for the Fund APPLICANTS: Rafferty Asset Management, deposit procedures for both in-kind has information about the premiums LLC (‘‘Rafferty’’ or ‘‘Adviser’’), Direxion purchases and in-kind redemptions of and discounts at which Shares have Funds (‘‘DF’’) and Direxion Insurance Creation Units will be the same for all traded. Trust LLC (‘‘DIT,’’ together with DF, the purchases and redemptions. Deposit 5. The Prospectus and annual report ‘‘Trusts’’). Securities and Fund Securities will be for each Fund also will include: (a) The FILING DATES: The application was filed valued in the same manner as Portfolio information listed in condition 4(b), (i) on August 10, 2007, and amended on Securities. Therefore, applicants state in the case of the Fund’s Prospectus, for October 26, 2007. Applicants have that in-kind purchases and redemptions the most recently completed year (and agreed to file an amendment during the will afford no opportunity for the the most recently completed quarter or notice period, the substance of which is affiliated persons of a Fund, or the quarters, as applicable) and (ii) in the reflected in this notice. affiliated persons of such affiliated case of the annual report, for the HEARING OR NOTIFICATION OF HEARING: persons, to effect a transaction immediately preceding five years, as An detrimental to other holders of Shares. applicable; and (b) the following data, order granting the application will be Applicants also believe that in-kind calculated on a per Share basis for one, issued unless the Commission orders a purchases and redemptions will not five and ten year periods (or life of the hearing. Interested persons may request result in self-dealing or overreaching of Fund): (i) The cumulative total return a hearing by writing to the the Fund. and the average annual total return Commission’s Secretary and serving applicants with a copy of the request, Applicants’ Conditions based on NAV and Bid/Ask Price, and (ii) the cumulative total return of the personally or by mail. Hearing requests Applicants agree that any order relevant Underlying Index. should be received by the Commission granting the requested relief will be 6. Before a Fund may rely on the by 5:30 p.m. on November 26, 2007, and subject to the following conditions: order, the Commission will have should be accompanied by proof of 1. Each Fund’s Prospectus and approved, pursuant to rule 19b-4 under service on applicants, in the form of an Product Description will clearly the Exchange Act, an Exchange rule affidavit or, for lawyers, a certificate of disclose that, for purposes of the Act, requiring Exchange members and service. Hearing requests should state Shares are issued by the Fund, which is member organizations effecting the nature of the writer’s interest, the a registered investment company, and transactions in Shares to deliver a reason for the request, and the issues that the acquisition of Shares by Product Description to purchasers of contested. Persons who wish to be investment companies is subject to the Shares. notified of a hearing may request restrictions of section 12(d)(1) of the notification by writing to the Act. For the Commission, by the Division of Commission’s Secretary. 2. As long as the Funds operate in Investment Management, under delegated authority. ADDRESSES: Secretary, U.S. Securities reliance on the requested order, the and Exchange Commission, 100 F Florence E. Harmon, Shares will be listed on an Exchange. Street, NE,. Washington, DC 20549– 3. Neither the Trust nor any Fund will Deputy Secretary. 1090; Applicants, 33 Whitehall Street, be advertised or marketed as an open- [FR Doc. E7–21739 Filed 11–5–07; 8:45 am] 10th Floor, New York, NY 10004. end investment company or a mutual BILLING CODE 8011–01–P fund. Each Fund’s Prospectus will FOR FURTHER INFORMATION CONTACT: prominently disclose that Shares are not Bruce R. MacNeil, Senior Counsel, at individually redeemable shares and will SECURITIES AND EXCHANGE (202) 551–6817, or Janet M. Grossnickle, disclose that the owners of Shares may COMMISSION Branch Chief, at (202) 551–6821 acquire those Shares from the Fund and (Division of Investment Management, [Investment Company Act Release No. Office of Investment Company tender those Shares for redemption to 28039; 812–13416] the Fund in Creation Units only. Any Regulation). advertising material that describes the Rafferty Asset Management, et al.; SUPPLEMENTARY INFORMATION: The purchase or sale of Creation Units or Notice of Application following is a summary of the refers to redeemability will prominently application. The complete application disclose that Shares are not individually October 30, 2007. may be obtained for a fee at the Public redeemable, and that owners of Shares AGENCY: Securities and Exchange Reference Desk, U.S. Securities and may acquire those Shares from the Fund Commission (‘‘Commission’’). Exchange Commission, 100 F Street, and tender those Shares for redemption ACTION: Notice of an application for an NE., Washington DC 20549–0102 to the Fund in Creation Units only. order under section 12(d)(1)(J) of the (telephone (202) 551–5850). 4. The website maintained for each Investment Company Act of 1940 (the Applicants’ Representations Fund, which will be publicly accessible ‘‘Act’’) for exemption from sections at no charge, will contain the following 12(d)(1)(A) and (B) of the Act and under 1. The Trusts are open-end information, on a per Share basis, for sections 6(c) and 17(b) of the Act for an management investment companies each Fund: (a) the prior Business Day’s exemption from section 17(a) of the Act. registered under the Act and are each NAV and the Bid/Ask Price, and a comprised of separate series (‘‘Funds’’) calculation of the premium or discount SUMMARY OF THE APPLICATION: The order that pursue distinct investment of the Bid/Ask Price at the time of would permit certain management objectives and strategies. Shares of calculation of the NAV against such investment companies and unit Funds of DF are sold publicly to retail NAV; and (b) data in chart format investment trusts registered under the investors, and shares of Funds of DIT displaying the frequency distribution of Act to acquire shares of certain open- are sold to insurance company separate discounts and premiums of the daily end management investment companies accounts funding variable life and Bid/Ask Price against the NAV, within registered under the Act, that are variable annuity contracts. The Adviser appropriate ranges, for each of the four outside of the same group of investment is registered as an investment adviser

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under the Investment Advisers Act of Agreement’’) before investing in a Fund underlying sections 12(d)(1)(A) and (B) 1940 (‘‘Advisers Act’’) and serves as beyond the limits imposed by section of the Act, which include concerns investment adviser to each Fund.1 12(d)(1)(A). The Participation about undue influence by a fund of 2. Applicants request relief to permit Agreement will require the Investing funds over underlying funds, excessive registered management investment Funds to adhere to the terms and layering of fees, and overly complex companies and their series (‘‘Investing conditions of the requested order. The fund structures. Accordingly, applicants Companies’’) and registered unit Participation Agreement will include an believe that the requested exemption is investment trusts and their series acknowledgment from an Investing consistent with the public interest and (‘‘Investing Trusts,’’ and together with Fund that it may rely on the requested the protection of investors. the Investing Companies, ‘‘Investing order only to invest in the Funds and 4. Applicants believe that neither the Funds’’) that are outside of the same not in any other registered investment Investing Fund nor an Investing Fund ‘‘group of investment companies,’’ company. Affiliate would be able to exert undue within the meaning of section 4. Applicants state that the Funds will influence over the Funds.3 To limit the 12(d)(1)(G)(ii) of the Act, as the Trusts, offer the Investing Funds simple and control that an Investing Fund may have to acquire shares of the Funds in excess efficient investment vehicles to achieve over a Fund, applicants propose a of the limits in section 12(d)(1)(A) of the their asset allocation or diversification condition prohibiting the Investing Act, and to permit a Fund, any principal objectives. Applicants state that the Fund Adviser, Sponsor, and any person underwriter for a Fund, and any broker Funds also provide high quality, controlling, controlled by, or under or dealer registered under the Securities professional investment program common control with the Investing Exchange Act of 1934 (‘‘Broker’’) to sell alternatives to Investing Funds that do Fund Adviser or Sponsor, and any shares of each Fund to an Investing not have sufficient assets to make investment company or issuer that Fund in excess of the limits of section comparable investments. would be an investment company but 12(d)(1)(B) of the Act. Applicants for section 3(c)(1) or 3(c)(7) of the Act request that the relief apply to: (a) Other Applicants’ Legal Analysis that is advised or sponsored by the existing and future registered open-end A. Section 12(d)(1) Investing Fund Adviser or Sponsor, or management investment companies and any person controlling, controlled by, or series thereof (included in the term 1. Section 12(d)(1)(A) of the Act, in relevant part, prohibits a registered under common control with the ‘‘Funds’’) advised by the Adviser and in Investing Fund Adviser or Sponsor the same group of investment investment company from acquiring shares of an investment company if the (‘‘Investing Fund Advisory Group’’) companies, within the meaning of from controlling (individually or in the section 12(d)(1)(G)(ii) of the Act, as the securities represent more than 3% of the total outstanding voting stock of the aggregate) a Fund within the meaning of Trusts; (b) each Investing Fund that section 2(a)(9) of the Act. The same enters into a Participation Agreement acquired company, more than 5% of the total assets of the acquiring company, prohibition would apply to each (as defined below) with a Fund to Subadviser, any person controlling, purchase shares of the Fund; and (c) any or, together with the securities of any other investment companies, more than controlled by or under common control principal underwriter to a Fund or with the Subadviser, and any Broker selling shares of a Fund.2 10% of the total assets of the acquiring company. Section 12(d)(1)(B) of the Act investment company or issuer that 3. Each Investing Company will be would be an investment company but advised by an investment adviser within prohibits a registered open-end investment company, its principal for section 3(c)(1) or 3(c)(7) of the Act the meaning of section 2(a)(20)(A) of the (or portion of such investment company Act and registered as an investment underwriter, and any Broker from selling its shares to another investment or issuer) advised or sponsored by the adviser under the Advisers Act Subadviser or any person controlling, (‘‘Investing Fund Adviser’’). An company if the sale will cause the acquiring company to own more than controlled by or under common control Investing Fund Adviser may contract with the Subadviser (‘‘Subadviser with an investment adviser which meets 3% of the acquired company’s voting stock, or if the sale will cause more than Group’’). Applicants propose other the definition of section 2(a)(20)(B) of conditions to limit the potential for the Act (a ‘‘Subadviser’’). Each Investing 10% of the acquired company’s voting stock to be owned by investment undue influence over the Funds, Trust will have a sponsor (‘‘Sponsor’’) including that no Investing Fund or and a trustee (‘‘Trustee’’). Applicants companies generally. 2. Section 12(d)(1)(J) of the Act Investing Fund Affiliate (except to the represent that to ensure that the extent it is acting in its capacity as an Investing Funds comply with the terms provides that the Commission may exempt any person, security, or investment adviser to a Fund) will cause and conditions of the requested relief a Fund to purchase a security in an from section 12(d)(1) of the Act, an transaction, or any class or classes of persons, securities or transactions, from offering of securities during the Investing Fund must enter into a existence of any underwriting or selling participation agreement between a any provision of section 12(d)(1) if the exemption is consistent with the public syndicate of which a principal Trust, on behalf of the relevant Funds, underwriter is an Underwriting Affiliate and the Investing Fund (‘‘Participation interest and the protection of investors. Applicants seek an exemption under (‘‘Affiliated Underwriting’’). An ‘‘Underwriting Affiliate’’ is a principal 1 section 12(d)(1)(J) of the Act to permit The term ‘‘Adviser’’ includes all entities underwriter in any underwriting or controlling, controlled by or under common control Investing Funds to acquire shares of the with Rafferty and its successors in interest. A Funds in excess of the limits in section selling syndicate that is an officer, successor in interest is an entity resulting from a 12(d)(1)(A) of the Act, and a Fund, any reorganization of Rafferty into another jurisdiction 3 ‘‘Investing Fund Affiliates’’ are the Investing or a change in the type of business organization. principal underwriter for a Fund and Fund Adviser, Subadviser, Sponsor, promoter, and 2 All entities that currently intend to rely on the any Broker to sell shares of a Fund to principal underwriter of the Investing Fund, and requested order are named as applicants. Any other an Investing Fund in excess of the limits any person controlling, controlled by, or under entity that relies on the order in the future will of section 12(d)(1)(B) of the Act. common control with any of these entities. ‘‘Fund comply with the terms and conditions of the Affiliates’’ are the investment adviser(s), promoter, application. An Investing Fund may rely on the 3. Applicants state that the proposed and principal underwriter of the Fund, and any requested order only to invest in the Funds and not arrangement and conditions will person controlling, controlled by, or under common in any other registered investment company. adequately address the policy concerns control with any of these entities.

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director, member of an advisory board, shares of the Investing Fund will not proposed transaction is consistent with Investing Fund Adviser, Subadviser, exceed the limits applicable to a fund of the policies of each registered Sponsor, or employee of the Investing funds as set forth in Rule 2830. investment company involved, and (c) Fund, or a person of which any such 6. Applicants submit that the the proposed transaction is consistent officer, director, member of an advisory proposed arrangement will not create an with the general purposes of the Act. board, Investing Fund Adviser, overly complex fund structure. Section 6(c) of the Act permits the Subadviser, Sponsor or employee is an Applicants propose condition 12 to Commission to exempt any person or affiliated person; however any person ensure that the proposed structure will transactions from any provision of the whose relationship to a Fund is covered not result in unnecessary complexity. Act if such exemption is necessary or by section 10(f) of the Act is not an Further, the Participation Agreement appropriate in the public interest and Underwriting Affiliate. will require each Investing Fund that consistent with the protection of 5. Applicants do not believe that the exceeds the 5% or 10% limitation in investors and the purposes fairly proposed arrangement will involve section 12(d)(1)(A)(ii) and (iii) of the Act intended by the policy and provisions of excessive layering of fees. The board of to disclose in its prospectus that it may the Act. Applicants submit that the directors or trustees of each Investing invest in registered investment proposed arrangement satisfies the Company, including a majority of the companies, and to disclose, in ‘‘plain standards for relief under sections 17(b) directors or trustees who are not English,’’ in its prospectus the unique and 6(c) of the Act. ‘‘interested persons’’ (within the characteristics of the Investing Fund 3. Applicants believe that any meaning of section 2(a)(19) of the Act) investing in registered investment proposed transactions directly between (‘‘Disinterested Trustees’’), will find that companies, including but not limited to Funds and the Investing Funds will be the advisory fees charged under the the expense structure and any consistent with the policies of each advisory contract are based on services additional expenses of investing in Fund and Investing Fund. The provided that will be in addition to, registered investment companies. Each Participation Agreement will require rather than duplicative of, the services Investing Fund also will comply with any Investing Fund that purchases provided under the advisory contract(s) the disclosure requirements set forth in shares from a Fund to represent that the of any Fund in which the Investing Investment Company Act Release No. purchase of shares from the Fund by an Company may invest. In addition, an 27399 (June 20, 2006). Investing Fund will be accomplished in Investing Fund Adviser, Sponsor, or 7. Applicants also note that a Fund compliance with the investment Trustee, as applicable, will waive fees may choose to reject any investment by restrictions of the Investing Fund and otherwise payable to it by the Investing an Investing Fund. The prospectus of will be consistent with the investment Fund in an amount at least equal to any each Fund discloses that the Fund may policies set forth in the Investing Fund’s compensation (including fees received choose to reject a purchase order at the registration statement. pursuant to any plan adopted by a Fund discretion of the Fund. 4. Applicants also state that the terms of the arrangement are fair and under rule 12b–1 under the Act) B. Section 17(a) received from a Fund by the Investing reasonable and do not involve 1. Section 17(a) of the Act generally Fund Adviser, Sponsor or Trustee or an overreaching. Applicants note that all prohibits sales or purchases of securities affiliated person thereof, other than any shares of the Funds sold and redeemed between a registered investment advisory fees paid to the Investing Fund by the Funds will be sold and redeemed company and any affiliated person of Adviser, Sponsor or Trustee, or an at net asset value as required by rule the company. Section 2(a)(3) of the Act 22c–1 under the Act, without regard to affiliated person thereof by a Fund in defines an ‘‘affiliated person’’ of another connection with the investment by the the identity of the purchasing or person to include any person 5% or redeeming investor. Applicants state Investing Fund in the Fund. Applicants more of whose outstanding voting also state that with respect to registered that the proposed arrangement will be securities are directly or indirectly consistent with the policies of each separate accounts that invest in any owned, controlled, or held with power Investing Fund, no sales load will be Investing Fund and Fund and with the to vote by the other person. Applicants general purposes of the Act. charged at the Investing Fund level or seek relief from section 17(a) to permit at the Fund level. Other sales charges a Fund that is an affiliated person of an Applicants’ Conditions and service fees, as defined in Rule 2830 Investing Fund because the Investing Applicants agree that any order of the Conduct Rules of the National Fund holds 5% or more of the Fund’s granting the requested relief will be Association of Securities Dealers, Inc., shares to sell its shares to and redeem subject to the following conditions: (‘‘Rule 2830’’), if any, will only be its shares from an Investing Fund.5 1. The members of the Investing Fund charged at the Investing Fund level or 2. Section 17(b) of the Act authorizes Advisory Group will not control 4 at the Fund level, not both. With the Commission to grant an order (individually or in the aggregate) a Fund respect to other investments in any permitting a transaction otherwise within the meaning of section 2(a)(9) of Investing Fund, any sales charges and/ prohibited by section 17(a) if it finds the Act. The members of the Subadviser or service fees charged with respect to that (a) the terms of the proposed Group will not control (individually or transaction are fair and reasonable and in the aggregate) a Fund within the 4 Applicants represent that each Investing Fund do not involve overreaching on the part will represent in the Participation Agreement that meaning of section 2(a)(9) of the Act. If, no insurance company sponsoring a registered of any person concerned, (b) the as a result of a decrease in the separate account funding variable insurance outstanding voting securities of a Fund, contracts will be permitted to invest in the 5 Applicants acknowledge that receipt of any the Investing Fund Advisory Group or Investing Fund unless the insurance company has compensation by (a) an affiliated person of an certified to the Investing Fund that the aggregate of Investing Fund, or an affiliated person of such the Subadviser Group, each in the all fees and charges associated with each contract person, for the purchase by the Investing Fund of aggregate, becomes a holder of more that invests in the Investing Fund, including fees shares of a Fund or (b) an affiliated person of a than 25% of the outstanding voting and charges at the separate account, Investing Fund, Fund, or an affiliated person of such person, for the securities of a Fund, it (except for any and Fund levels, will be reasonable in relation to sale by the Fund of its shares to an Investing Fund the services rendered, the expenses expected to be is subject to section 17(e) of the Act. The member of the Investing Fund Advisory incurred, and the risks assumed by the insurance Participation Agreement also will include this Group or Subadviser Group that is a company. acknowledgment. separate account) will vote its shares of

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the Fund in the same proportion as the condition does not apply with respect to exceeds the limit in section vote of all other holders of the Fund’s any services or transactions between a 12(d)(1)(A)(i) of the Act, setting forth shares. This condition does not apply to Fund and its investment adviser(s), or from whom the securities were the Subadviser Group with respect to a any person controlling, controlled by, or acquired, the identity of the Fund for which the Subadviser or a under common control with such underwriting syndicate’s members, the person controlling, controlled by, or investment adviser(s). terms of the purchase, and the under common control with the 5. No Investing Fund or Investing information or materials upon which Subadviser acts as the investment Fund Affiliate (except to the extent it is the determinations of the Board of the adviser within the meaning of section acting in its capacity as an investment Fund were made. 2(a)(20)(A) of the Act. A registered adviser to a Fund) will cause a Fund to 8. Before investing in a Fund in separate account will seek voting purchase a security in any Affiliated excess of the limits in section instructions from its contract holders Underwriting. 12(d)(1)(A) of the Act, the Investing and will vote its shares in accordance 6. The Board of a Fund, including a Fund and the Fund will execute a with the instructions received and will majority of the Disinterested Trustees, Participation Agreement stating without vote those shares for which no will adopt procedures reasonably limitation that their boards of directors instructions were received in the same designed to monitor any purchases of or trustees and their investment proportion as the shares for which securities by the Fund in an Affiliated advisers, or the Sponsor and Trustee, as instructions were received. An Underwriting once an investment by an applicable, understand the terms and unregistered separate account will Investing Fund in the securities of the conditions of the order and agree to either (a) vote its shares of the Fund in Fund exceeds the limit in section fulfill their responsibilities under the the same proportion as the vote of all 12(d)(1)(A)(i) of the Act, including any order. At the time of its investment in other holders of the Fund’s shares, or (b) purchases made directly from an shares of a Fund in excess of the limit seek voting instructions from its Underwriting Affiliate. The Board of the in section 12(d)(1)(A)(i), an Investing contract holders and vote its shares in Fund will review these purchases Fund will notify the Fund of the accordance with the instructions periodically, but no less frequently than investment. At such time, the Investing received and vote those shares for annually, to determine whether the Fund will also transmit to the Fund a which no instructions were received in purchases were influenced by the list of the names of each Investing Fund the same proportion as the shares for investment by the Investing Fund in the Affiliate and Underwriting Affiliate. The which instructions were received. Fund. The Board of the Fund will Investing Fund will notify the Fund of 2. No Investing Fund or Investing consider, among other things, (a) any changes to the list of the names as Fund Affiliate will cause any existing or whether the purchases were consistent soon as reasonably practicable after a potential investment by the Investing with the investment objectives and change occurs. The Fund and the Fund in shares of a Fund to influence policies of the Fund, (b) how the Investing Fund will maintain and the terms of any services or transactions performance of securities purchased in preserve a copy of the order, the between the Investing Fund or an an Affiliated Underwriting compares to Participation Agreement and the list Investing Fund Affiliate and the Fund or the performance of comparable with any updated information for the a Fund Affiliate. securities purchased during a duration of the investment and for a 3. The board of directors or trustees of comparable period of time in period of not less than six years an Investing Company, including a underwritings other than Affiliated thereafter, the first two years in an majority of the Disinterested Trustees, Underwritings or to a benchmark such easily accessible place. will adopt procedures reasonably as a comparable market index, and (c) 9. Before approving any advisory designed to assure that the Investing whether the amount of securities contract under section 15 of the Act, the Fund Adviser and any Subadviser are purchased by the Fund in Affiliated board of directors or trustees of each conducting the investment program of Underwritings and the amount Investing Company, including a the Investing Company without taking purchased directly from an majority of the Disinterested Trustees, into account any consideration received Underwriting Affiliate have changed will find that the advisory fees charged by the Investing Company or an significantly from prior years. The under such advisory contract are based Investing Fund Affiliate from a Fund or Board of the Fund will take any on services provided that will be in a Fund Affiliate in connection with any appropriate actions based on its review, addition to, rather than duplicative of, services or transactions. including, if appropriate, the institution the services provided under the 4. Once an investment by an Investing of procedures designed to assure that advisory contract(s) of any Fund in Fund in the securities of a Fund exceeds purchases of securities in Affiliated which the Investing Company may the limit in section 12(d)(1)(A)(i) of the Underwritings are in the best interests invest. These findings and their basis Act, the board of trustees of the Fund of shareholders. will be recorded fully in the minute (‘‘Board’’), including a majority of the 7. The Fund will maintain and books of the appropriate Investing Disinterested Trustees, will determine preserve permanently in an easily Company. that any consideration paid by the Fund accessible place a written copy of the 10. An Investing Fund Adviser, to an Investing Fund or an Investing procedures described in the preceding Sponsor or Trustee, as applicable, will Fund Affiliate in connection with any condition, and any modifications to waive fees otherwise payable to it by the services or transactions (a) is fair and such procedures, and will maintain and Investing Fund in an amount at least reasonable in relation to the nature and preserve for a period of not less than six equal to any compensation (including quality of the services and benefits years from the end of the fiscal year in fees from any plan adopted by a Fund received by the Fund, (b) is within the which any purchase in an Affiliated under rule 12b–1 under the Act) range of consideration that the Fund Underwriting occurred, the first two received from a Fund by the Investing would be required to pay to another years in an easily accessible place, a Fund Adviser, Sponsor or Trustee, or an unaffiliated entity in connection with written record of each purchase of affiliated person thereof, other than any the same services or transactions, and securities in Affiliated Underwritings advisory fees paid to the Investing Fund (c) does not involve overreaching on the once an investment by an Investing Adviser, Sponsor or Trustee, or an part of any person concerned. This Fund in the securities of the Fund affiliated person thereof, by a Fund in

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connection with the investment by the has been changed to Wednesday, The term ‘‘material change in Investing Fund in the Fund. Any November 7, 2007 at 2:30 p.m. business operations’’ includes, but is Subadviser will waive fees otherwise At times, changes in Commission not limited to: payable to the Subadviser, directly or priorities require alterations in the (1) removing or modifying a indirectly, by the Investing Company in scheduling of meeting items. For further membership agreement restriction; an amount at least equal to any information and to ascertain what, if (2) market making, underwriting, or compensation received from a Fund by any, matters have been added, deleted acting as a dealer for the first time; [and] the Subadviser, or an affiliated person or postponed, please contact: (3) adding business activities that thereof, other than any advisory fees The Office of the Secretary at (202) require a higher minimum net capital paid to the Subadviser or its affiliated 551–5400. under SEC Rule 15c3–1; and person by a Fund, in connection with (4) adding business activities that November 1, 2007. would cause a proprietary trading firm the investment by the Investing Florence E. Harmon, Company in the Fund made at the no longer to meet the definition of that Deputy Secretary. direction of the Subadviser. In the event term contained in this rule. (h)–(n) No change. that the Subadviser waives fees, the [FR Doc. E7–21772 Filed 11–5–07; 8:45 am] benefit of the waiver will be passed BILLING CODE 8011–01–P (o) ‘‘Proprietary Trading Firm’’ through to the Investing Company. The term ‘‘proprietary trading firm’’ 11. With respect to registered separate SECURITIES AND EXCHANGE means an Applicant with the following accounts that invest in any Investing COMMISSION characteristics: Fund, no sales load will be charged at (1) the Applicant is not required by the Investing Fund level or at the Fund [Release No. 34–56722; File No. SR– Section 15(b)(8) of the Act to become a level. Other sales charges and service NASDAQ–2007–085] FINRA member but is a member of fees, as defined in Rule 2830, if any, another registered securities exchange will only be charged at the Investing Self-Regulatory Organizations; The not registered solely under Section 6(g) Fund level or at the Fund level, not NASDAQ Stock Market LLC; Notice of of the Act; both. With respect to other investments Filing of Proposed Rule Change (2) all funds used or proposed to be in an Investing Fund, any sales charges Amending Nasdaq’s Membership used by the Applicant for trading are and/or service fees charged with respect Application Rules the Applicant’s own capital, traded to shares of the Investing Fund will not through the Applicant’s own accounts; exceed the limits applicable to a fund of October 31, 2007. (3) the Applicant does not, and will funds as set forth in Rule 2830. Pursuant to section 19(b)(1) of the not have ‘‘customers,’’ as that term is 12. No Fund will acquire securities of Securities Exchange Act of 1934 defined in Nasdaq Rule 0120(g); and 1 2 any investment company or company (‘‘Act’’), and Rule 19b–4 thereunder, (4) all Principals and Representatives relying on section 3(c)(1) or 3(c)(7) of notice is hereby given that on October of the Applicant acting or to be acting the Act in excess of the limits contained 30, 2007, The NASDAQ Stock Market in the capacity of a trader must be in section 12(d)(1)(A) of the Act, except LLC (‘‘Nasdaq’’) filed with the Securities owners of, employees of, or contractors to the extent permitted by section and Exchange Commission (‘‘SEC’’ or to the Applicant. ‘‘Commission’’) the proposed rule 12(d)(1)(E) of the Act or exemptive relief 1012. General Provisions from the Commission permitting the change as described in Items I, II, and Fund to purchase shares of an affiliated III below, which Items have been (a) No change. money market fund for short-term cash substantially prepared by the Exchange. (b) Lapse of Application management purposes. The Commission is publishing this notice to solicit comments on the (1) Absent a showing of good cause, For the Commission, by the Division of proposed rule change from interested an application filed under Rule 1013 or Investment Management, pursuant to persons. 1017 shall lapse if an Applicant fails to: delegated authority. (A) respond fully within [60] 15 Florence E. Harmon, I. Self-Regulatory Organization’s business days after service of an initial Deputy Secretary. Statement of the Terms of Substance of written request for information or [FR Doc. E7–21694 Filed 11–5–07; 8:45 am] the Proposed Rule Change documents under Rule 1013, [within 30 BILLING CODE 8011–01–P The proposed rule change modifies days after service of] an initial written Nasdaq’s membership application request for information or documents procedures. Below is the text of the under Rule 1017, [within 30 days after SECURITIES AND EXCHANGE proposed rule change. Proposed new service of] or a subsequent written COMMISSION language is in italics; proposed request for information or documents deletions are in [brackets]. under Rule 1013 or 1017, or within such Sunshine Act Meeting Federal Register other time period agreed to by the * * * * * Citation of Previous Announcement: Department and the Applicant; November 5, 2007 1010. Membership Proceedings (B) appear at or otherwise participate 1011. Definitions in a scheduled membership interview Status: Closed meeting. pursuant to Rule 1013(b) or 1017(f), if Place: 100 F Street, NE., Washington, Unless otherwise provided, terms required; or DC. used in the Rule 1000 Series shall have [(C)] file an executed membership Date and Time of previously the meaning as defined in Rule 0120. agreement under Rule 1014(d) or [Rule] Announced meeting: November 8, 2007 (a)–(f) No change. 1017(g)(4) within 25 days after service at 2 p.m. (g) ‘‘material change in business of the agreement, or within such other Change in the Meetings: Date and operations’’. period agreed to by the Department and Time Change. the Applicant. The Closed Meeting scheduled for 1 15 U.S.C 78s(b)(1). (2) If an Applicant wishes to continue Thursday, November 8, 2007 at 2 p.m., 2 17 CFR 240.19b–4. to seek membership or approval of a

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change in ownership, control, or Applicant’s operations and that has been in the last ten years, the business operations, then the Applicant includes:] subject of any investigation or shall be required to submit a new [(i)] (E) [a trial balance and disciplinary proceeding conducted by application under Rule 1013 or 1017, computation of net capital, each of any self-regulatory organization, the respectively, and any required fee. which has been prepared as of a date foreign equivalent of a self-regulatory Nasdaq shall not refund any fee for a that is within 30 days before the filing organization, a foreign or international lapsed application. date of the application]a copy of the securities exchange, a contract market (c)–(d) No change. Applicant’s most recent audited designated pursuant to the Commodity financial statements and a description Exchange Act or any substantially (e) Computation of Time of any material changes in the equivalent foreign statute or regulation, (1) Calendar Day Applicant’s financial condition since a futures association registered under In the Rule 1010 Series, ‘‘day’’ means the date of the financial statements; the Commodity Exchange Act or any calendar day, unless otherwise [(ii) Reserved] substantially similar foreign statute or [(iii)] (F) an organizational chart; specified. regulation, the Commission or any other [(iv)] (G) the intended location of the ‘‘appropriate regulatory agency’’ (as (2) Formula Applicant’s principal place of business defined in the Act), the Commodity In computing a period of time under and all other offices, if any, whether or Futures Trading Commission, or any the Rule 1010 Series, the day of the act, not such offices would be required to be state financial regulatory agency event, default, or lapse from which the registered under the Nasdaq Rules, and regarding the Applicant’s activities that period of time designated begins to run the names of the persons who will be in [documentation of any of the following shall not be included. The last day of charge of each office; events, unless the event] has not been [(v) a list of the types of securities to the period so computed shall be reported to the Central Registration be offered and sold and the types of included unless it is a Saturday, Depository, together with all relevant retail or institutional customers to be Sunday, or Federal holiday, in which details, including any sanctions solicited;] event the period runs until the end of imposed;[:] [(vi) Reserved] (K) a statement indicating whether the next day that is not a Saturday, [(vii) Reserved] any person listed on Schedule A of the Sunday, or Federal holiday. [(viii) the number of markets to be Applicant’s Form BD is currently, or has Intermediate Saturdays, Sundays, and made, if any, the type and volatility of been in the last ten years, the subject of Federal holidays shall be excluded from the products, and the anticipated any investigation or disciplinary the computation when the period maximum inventory positions;] proceeding conducted by any self- prescribed is ten days or less or when [(ix) Reserved] regulatory organization, the foreign the term ‘‘business day’’ is used. [(x) any plan to distribute or maintain equivalent of a self-regulatory (f)–(j) No change. securities products in proprietary organization, a foreign or international 1013. New Member Application [and positions, and the risks, volatility, securities exchange, a contract market Interview] degree of liquidity, and speculative designated pursuant to the Commodity nature of the products; and] Exchange Act or any substantially (a) Filing of Application [(xi) Reserved] equivalent foreign statute or regulation, (1) Where to File; Contents [(xii)] (H) a description of the a futures association registered under An Applicant for Nasdaq membership communications and operational the Commodity Exchange Act or any shall file its application with the systems the Applicant will employ to substantially similar foreign statute or Department in accordance with this conduct business [with customers or regulation, the Commission or any other Rule. An Applicant shall submit an other members] and the plans and ‘‘appropriate regulatory agency’’, the application that includes: procedures the Applicant will employ Commodity Futures Trading to ensure business continuity, [(2) Contents] Commission, or any state financial including: system capacity to handle the regulatory agency regarding the [The application shall include:] anticipated level of usage; contingency Applicant’s activities that has not been (A) a copy of the Applicant’s current plans in the event of systems or other reported to the Central Registration Form BD; technological or communications Depository, together with all relevant (B) an original Nasdaq-approved problems or failures [that may impede details, including any sanctions fingerprint card for each Associated customer usage or firm order entry or imposed; Person who will be subject to SEC Rule execution]; system redundancies; [(i) a regulatory action against or 17f–2 and for whom a fingerprint card disaster recovery plans; and system investigation of the Applicant or an has not been filed with another self- security; [disclosures to be made to Associated Person by the Commission, regulatory organization; potential and existing customers who the Commodity Futures Trading may use such systems; and supervisory [(C) Reserved] Commission, a federal, state, or foreign or customer protection measures that regulatory agency, or a self-regulatory [(D)] (C) a check for such fee as may may apply to customer use of, or access organization that is pending, be required under the Nasdaq Rules; to, such systems;] adjudicated, or settled;] [(E)] (D) a description of the [(F)] (I) a copy of any decision or [(ii) an investment-related civil action Applicant’s proposed trading activities order by a federal or state authority or for damages or an injunction against the on Nasdaq, such as the types of self-regulatory organization taking Applicant or an Associated Person that securities it will trade, whether it will be permanent or temporary adverse action is pending, adjudicated, or settled;] a market maker, an order entry firm, with respect to a registration or [(iii) an investment-related customer and/or engage in block trading licensing determination regarding the complaint or arbitration that is required activities, and the extent to which the Applicant or an Associated Person; to be reported on Form U4;] Applicant is conducting such activities [(G) Reserved] [(iv) a criminal action (other than a as a member of other SRO(s); [business [(H)] (J) a statement indicating minor traffic violation) against the information that describes the whether the Applicant is currently, or Applicant or an Associated Person that

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is pending, adjudicated, or that has making and other trading activities, and and deem it not to have been filed. In resulted in a guilty or no contest plea; a list of the persons responsible for such such case, within the [30]15 day period, and] persons’ supervision, together with the the Department shall serve a written [(v) a copy of any document CRD number (if applicable) or a copy of notice on the Applicant of the evidencing a termination for cause or a Form U–4 for each such person; Department’s determination and the permitted resignation after investigation [(P) Reserved] reasons therefor. Nasdaq shall refund of an alleged violation of a federal or [(Q) Reserved] the application fees, if any, in state securities law, a rule or regulation [(R)] (Q) if not previously provided to accordance with the provisions of the thereunder, a self-regulatory FINRA, a[n NASD] FINRA Entitlement Nasdaq Rules governing such fees. If the organization rule, or an industry Program Agreement and Terms of Use Applicant determines to continue to standard of conduct;] and an Account Administration seek membership, the Applicant shall [(I) a description of any remedial Entitlement Form; submit a new application and any action, such as special training, [(S)] (R) a copy of the Applicant’s required fee under this Rule. continuing education requirements, or most recent ‘‘FOCUS Report’’ (Form X– [(5)] (4) [Request For] Additional heightened supervision, imposed on an 17A–5) filed with the SEC pursuant to Documents Or Information Associated Person by a state or federal SEC Rule 17a–5 (the most current Parts Within [30] 15 business days after the authority or self-regulatory I, II, and III, as applicable); filing of an application, the Department organization;] (S) all examination reports and shall serve an initial request for any [(J) a written acknowledgment that corresponding responses regarding the additional information or documents heightened supervisory procedures and Applicant for the previous two years necessary to render a decision on the special educational programs may be from the self-regulatory organizations of application. The Department may serve required pursuant to NASD Notice to which it is a member; subsequent requests for additional Members 97–19 (as incorporated by (T) an agreement to comply with the information or documents at any time reference into Nasdaq IM–3010) for an federal securities laws, the rules and during the membership application Associated Person whose record reflects regulations thereunder, the Nasdaq process. disciplinary actions or sales practice Rules, and all rulings, orders, directions, Unless otherwise agreed by the events;] and decisions issued and sanctions Department and the Applicant, the [(K)] (L) a copy of [final or proposed imposed under the Nasdaq Rules; Applicant shall file any additional contracts with banks, clearing entities, (U) an agreement to pay such dues, information and documents with the or service bureaus, and a general assessments, and other charges in the Department within [60] 15 business description of any other final or manner and amount as from time to days after service of the Department’s proposed contracts]any contract or time shall be fixed pursuant to the [initial] request [and 30 days after agreement with another broker-dealer, a Nasdaq Rules; and service of any subsequent request]. bank, a clearing entity, a service bureau (V) such other reasonable information [(6)] (5) Applicants That Are Members or a similar entity to provide the with respect to the applicant as Nasdaq of an Association or Another Exchange Applicant with services regarding the may require. (A) Applicants for Nasdaq Each Applicant and Nasdaq member execution or clearance and settlement of membership that are also shall ensure that its membership transactions effected on Nasdaq; simultaneously applying for [NASD] [(L)] (M) if the Applicant proposes to application with Nasdaq is kept current FINRA membership may file one make markets on Nasdaq, a description at all times by supplementary application with [the NASD]FINRA in of the source and amount of Applicant’s amendments via electronic process or compliance with the NASD Rule 1010 capital to support its market making such other process as Nasdaq may Series; however, Nasdaq will not take activities on Nasdaq, and the source of prescribe. Such amendments to the action on the application for Nasdaq any additional capital that may become application shall be filed with Nasdaq membership until the applicant is an necessary [a description of the nature not later than [30]15 business days after active member of [the NASD]FINRA. and source of Applicant’s capital with the applicant or Nasdaq member learns (B) Applicants that are members of supporting documentation, the risk to of the facts or circumstances giving rise another registered national securities net capital presented by the Applicant’s to the need for the amendment. The exchange or association must submit a proposed business activities, and any Applicant shall promptly notify the complete application form containing arrangement for additional capital Department in writing of any material all of the required items of information should a business need arise]; adverse change in its financial listed in Rule 1013(a)[(2)](1). [(M)] (N) a description of the financial condition. (C) An applicant that is an approved controls to be employed by the [(3)] (2) [Electronic Filings] Uniform [NASD]FINRA member shall have the Applicant with respect to Nasdaq Rule Registration Forms option to apply to become a Nasdaq 3011; Upon approval of the Applicant’s [(N) a description of the Applicant’s Account Administrator Entitlement member and to register with Nasdaq all supervisory system and a copy of its Form, the Applicant shall submit its associated persons of the firm whose written supervisory procedures] (O) a Forms U4 for each Associated Person registrations with the firm are approved copy of the Applicant’s written who is required to be registered under with FINRA[the NASD] in categories supervisory procedures with respect to the Rules, any amendments to its Forms recognized by Nasdaq rules through an the activities identified in paragraph BD or U4, and any Form U5 expedited process by submitting a (a)(1)(D); electronically via Web CRD. Waive-in Membership Application [(O) a description of the number, [(4)] (3) Rejection of Application That Form and a Nasdaq Membership experience, and qualifications of Is Not Substantially Complete Agreement. supervisors and principals and the If the Department determines within (b) Membership Interview number, experience, and qualifications [30]15 business days after the filing of of persons to be supervised by such an application that the application is (1) Optional [Requirement for] Interview personnel] (P) a list of the persons not substantially complete, the Before the Department serves its conducting the Applicant’s market Department may reject the application decision on an application for new

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membership in Nasdaq, the Department document that the Department has regulatory organizations of which such [shall]may conduct a membership obtained from the Central Registration Applicant is or was a member; interview with a representative or Depository or a source other than the (C) has engaged, and there is a representatives of the Applicant if the Applicant and upon which the reasonable likelihood such Applicant Department determines that an Department intends to base its decision will again engage, in acts or practices interview is necessary to clarify aspects under Rule 1014. If the Department does inconsistent with just and equitable of an application. not conduct a membership interview, principles of trade; receives such information or document (D) is not in compliance with the (2) Service of Notice after the membership interview, or SEC’s net capital rule (17 CFR. At least seven days before [the] a decides to base its decision on such 240.15c3–1), or has financial difficulties membership interview, the Department information after the membership involving an amount that is more than shall serve on the Applicant a written interview, the Department shall 5% of the Applicant’s net worth; notice that specifies the date and time promptly serve the information or (E) has been itself, or is the successor of the interview and the representative document and an explanation thereof on to an entity which has been subject to or representatives of the Applicant who the Applicant. The Applicant may any bankruptcy proceeding, are required to participate in the submit such materials as it may deem receivership or arrangement for the interview. The Department shall serve relevant with respect to such benefit of creditors within the past three the notice by facsimile or overnight information or document at any time years; courier. The Applicant and the prior to the service of a decision under (F) has engaged in an established Department may agree to a shorter or Rule 1014. pattern of failure to pay just debts; longer period for notice or a different (G) does not have such licenses and method of service under this 1014. Department Decision registrations as are required by subparagraph. (a) [Standards for Admission] Bases for governmental authorities and self- Denial of Membership regulatory organizations; or (3) Time (H) is unable satisfactorily to Unless the Department directs After considering the completed demonstrate reasonably adequate otherwise for good cause shown, any application, [the membership systems capacity and capability. membership interview shall be interview,] other information and [(1) The application and all scheduled to occur within [90]60 days documents provided by the Applicant, supporting documents are complete and after the filing of an application or other information and documents accurate.] within [60]15 business days after the obtained by the Department, and the [(2) The Applicant and its Associated filing of all additional information or public interest and the protection of Persons have all licenses and documents requested, whichever is investors, the Department shall approve registrations required by state and later. the application unless the Department federal authorities and self-regulatory determines that such information or organizations.] (4) Place documents provide a basis for denial of [(3) The Applicant and its Associated The membership interview shall be membership: Persons are capable of complying with conducted in a location specified by (1) [t]The Department [shall the federal securities laws, the rules and Nasdaq. determine whether the Applicant meets regulations thereunder, and the Nasdaq [(5) Updated Financial Documents] each of the following standards:]may Rules, including observing high [On or before the date of the deny (or condition) approval of an standards of commercial honor and just membership interview, an Applicant Applicant for the same reasons that the and equitable principles of trade. In shall file an updated trial balance and Securities and Exchange Commission determining whether this standard is computation of net capital. The may deny or revoke a broker or dealer met, the Department shall take into Applicant shall prepare such documents registration and for those reasons consideration whether:] as of a date that is within 45 days before required or allowed under the Act; [(A) a state or federal authority or self- the date of the membership interview, regulatory organization has taken (2) Without limiting the generality of unless the Applicant and the permanent or temporary adverse action the foregoing, the Department may deny Department agree on a longer period. with respect to a registration or (or condition) approval of an Applicant The Applicant shall promptly notify the licensing determination regarding the when the Applicant directly or Department in writing of any material Applicant or an Associated Person;] indirectly: adverse change in its financial condition [(B) an Applicant’s or Associated that occurs before a decision (A) is unable to satisfactorily Person’s record reflects a sales practice constituting final action of Nasdaq is demonstrate its present capacity to event, a pending arbitration, or a served on the Applicant.] adhere to all applicable Nasdaq and pending private civil action;] [(6)] (5) Review of Standards for Commission policies, rules, and [(C) an Applicant or Associated Admission regulations, including, without Person is the subject of a pending, During [the] any membership limitation, those concerning record- adjudicated, or settled regulatory action interview, the Department shall review keeping, reporting, finance, and trading or investigation by the Commission, the the application and the bases for denial procedures; Commodity Futures Trading of [standards for admission to] (B) has previously violated, and there Commission, a federal, state, or foreign membership with the Applicant’s is a reasonable likelihood such regulatory agency, or a self-regulatory representative or representatives. Applicant will again engage in acts or organization; an adjudicated, or settled [(7)] (6) Information From Other practices violative of, any applicable investment-related private civil action Sources Nasdaq or Commission policies, rules for damages or an injunction; or a During [the]any membership and regulations, including, without criminal action (other than a minor interview, the Department shall provide limitation, those concerning record- traffic violation) that is pending, to the Applicant’s representative or keeping, reporting, finance and trading adjudicated, or that has resulted in a representatives any information or procedures or those rules of other self- guilty or no contest plea; or an

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Applicant, its control persons, Applicant’s intended business Depository record or other disciplinary principals, registered representatives, operations on a continuing basis, based history of supervisory personnel and other Associated Persons, any lender of on information filed under Rule 1013. persons to be supervised; and the 5% or more of the Applicant’s net The Department may impose a number and locations of the offices that capital, or any other member with reasonably determined higher net the Applicant intends to open and the respect to which any of these persons is capital requirement for the initiation of nature and scope of business to be or was a control person or a 5% lender operations after considering:] conducted at each office;] of its net capital is subject to unpaid [(A) the amount of net capital [(B) the Applicant has identified arbitration awards, other adjudicated sufficient to avoid early warning level specific Associated Persons to supervise customer awards, or unpaid arbitration reporting requirements, such as SEC and discharge each of the functions in settlements;] Rule 17a–11;] the Applicant’s business plan, and to [(D) an Associated Person was [(B) the amount of capital necessary to supervise each of the Applicant’s terminated for cause or permitted to meet expenses net of revenues for at intended offices, whether or not such resign after an investigation of an least twelve months, based on reliable offices are required to be registered alleged violation of a federal or state projections agreed to by the Applicant under the Nasdaq Rules;] securities law, a rule or regulation and the Department;] [(C) the Applicant has identified the thereunder, a self-regulatory [(C) any planned market making functions to be performed by each organization rule, or industry standard activities, the number of markets to be Associated Person and has adopted of conduct;] made, the type and volatility of procedures to assure the registration [(E) a state or federal authority or self- products, and the anticipated maximum with Nasdaq and applicable states of all regulatory organization has imposed a inventory positions;] persons whose functions are subject to remedial action, such as special [(D) any plan to enter into other such registration requirements;] training, continuing education contractual commitments, such as [(D) each Associated Person identified requirements, or heightened underwritings or other securities-related in the business plan to discharge a supervision, on an Associated Person; activities;] supervisory function has at least one and] [(E) any plan to distribute or maintain year of direct experience or two years of [(F) a state or federal authority or self- securities products in proprietary related experience in the subject area to regulatory organization has provided positions, and the risks, volatility, be supervised;] information indicating that the degree of liquidity, and speculative [(E) the Applicant will solicit retail or Applicant or an Associated Person nature of the products; and] institutional business;] otherwise poses a threat to public [(F) any other activity that the [(F) the Applicant will recommend investors.] Applicant will engage in that reasonably securities to customers;] [(4) The Applicant has established all could have a material impact on net [(G) the location or part-time status of contractual or other arrangements and capital within the first twelve months of a supervisor or principal will affect such business relationships with banks, business operations.] person’s ability to be an effective clearing corporations, service bureaus, [(8) The Applicant has financial supervisor;] or others necessary to:] controls to ensure compliance with the [(H) the Applicant should be required [(A) initiate the operations described federal securities laws, the rules and to place one or more Associated Persons in the Applicant’s application, regulations thereunder, and the Nasdaq under heightened supervision pursuant considering the nature and scope of Rules.] to NASD Notice to Members 97–19 (as operations and the number of personnel; [(9) The Applicant has compliance, incorporated by reference into Nasdaq and] supervisory, operational, and internal IM–3010);] [(B) comply with the federal securities control practices and standards that are [(I) any remedial action, such as laws, the rules and regulations consistent with practices and standards special training or continuing education thereunder, and the Nasdaq Rules.] regularly employed in the investment requirements or heightened supervision, [(5) The Applicant has or has banking or securities business, taking has been imposed on an Associated adequate plans to obtain facilities that into account the nature and scope of Person by a state or federal authority or are sufficient to:] Applicant’s proposed business.] self-regulatory organization; and] [(A) initiate the operations described [(10) The Applicant has a supervisory [(J) any other condition that will have in the Applicant’s application, system, including written supervisory a material impact on the Applicant’s considering the nature and scope of procedures, internal operating ability to detect and prevent violations operations and the number of personnel; procedures (including operational and of the federal securities laws, the rules and] internal controls), and compliance and regulations thereunder, and the [(B) comply with the federal securities procedures designed to prevent and Nasdaq Rules.] laws, the rules and regulations detect, to the extent practicable, [(11) The Applicant has a thereunder, and the Nasdaq Rules.] violations of the federal securities laws, recordkeeping system that enables [(6) The communications and the rules and regulations thereunder, Applicant to comply with federal, state, operational systems that the Applicant and the Nasdaq Rules. In evaluating the and self-regulatory organization intends to employ for the purpose of adequacy of a supervisory system, the recordkeeping requirements and a staff conducting business with customers Department shall consider the overall that is sufficient in qualifications and and other members are adequate and nature and scope of the Applicant’s number to prepare and preserve provide reasonably for business intended business operations and shall required records.] continuity in each area set forth in Rule consider whether:] [(12) The Applicant has completed a 1013(a)(2)(E)(xii);] [(A) the number, location, experience, training needs assessment and has a [(7) The Applicant is capable of and qualifications of supervisory written training plan that complies with maintaining a level of net capital in personnel are adequate in light of the the continuing education requirements excess of the minimum net capital number, location, experience, and imposed by the federal securities laws, requirements set forth in SEC Rule qualifications of persons to be the rules and regulations thereunder, 15c3–1 adequate to support the supervised; the Central Registration and the Nasdaq Rules.]

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[(13) Nasdaq does not possess any (c) Decision aside, and state whether a hearing is information indicating that the (1) Time requested. The Applicant Applicant may circumvent, evade, or simultaneously shall file by first-class otherwise avoid compliance with the The Department shall serve a written mail a copy of the request with the federal securities laws, the rules and decision on the membership application Department. regulations thereunder, or the Nasdaq within [30] 15 business days after the (b)–(i) No change. Rules.] conclusion of the membership interview (if any) or after the filing of [additional] (j) Decision [(14) The application and all all required information or documents, (1) No change. supporting documents otherwise are whichever is later. consistent with the federal securities (2) Contents (2) Content laws, the rules and regulations The decision shall include: thereunder, and the Nasdaq Rules.] If the Department denies the (A) a description of the Department’s [(15)] (3) The Department will not application or grants the application decision, including its rationale; approve an Applicant unless [T]the subject to restrictions, the decision shall (B) a description of the principal Applicant is a member of another explain in detail the reason for denial or issues raised in the review; registered securities exchange or restriction, referencing the applicable (C) a summary of the evidence on association that is not registered solely [standard or standards]bases in each issue; and under Section 6(g) or Section 15A(k) of paragraph (a). [If the Department grants (D) a statement whether the the Securities Exchange Act of 1934. An the application subject to restrictions, Department’s decision is affirmed, Applicant that will transact business the decision shall explain in detail the modified, or reversed, and a rationale with the public must be a member of reason for each restriction, referencing therefor that references the [applicable [the NASD]FINRA. the applicable standard or standards in standards] bases for denial in Rule 1014. paragraph (a) upon which the restriction (3)–(4) No change. (b) Granting or Denying Application is based and identify the specific * * * * * financial, operational, supervisory, (1) [In reviewing an application for disciplinary, investor protection, or 1017. Application for Approval of membership, the Department shall other regulatory concern that the Change in Ownership, Control, or consider whether the Applicant and its restriction is designed to address and Business Operations Associated Persons meet each of the the manner in which the restriction is (a) No change. standards in paragraph (a). Where the reasonably designed to address the Department determines that the concern.] (b) Filing and Content of Application Applicant or its Associated Persons are the subject of any of the events set forth (3) Failure to Serve Decision (1) No change. (2) The application shall describe in in Rule 1014(a)(3)(A) and (C) through If the Department fails to serve a detail the change in ownership, control, (E), a presumption exists that the decision within [180] 90 days after the or business operations and include a application should be denied. The filing of an application (or 120 days if business plan, pro forma financials, an Applicant may overcome the the Department has opted to conduct a organizational chart, and written presumption by demonstrating that it membership interview) or such later supervisory procedures reflecting the can meet each of the standards in date as the Department and the change. paragraph (a), notwithstanding the Applicant have agreed in writing, the (A) No change. existence of any of the events set forth Applicant may file a written request (B) If the application requests the in Rule 1014(a)(3)(A) and (C) through with the Nasdaq Board requesting that removal or modification of a (E).] the Nasdaq Board direct the Department membership agreement restriction, the [(2) If the Department determines that to serve a decision. Within seven days application also shall: the Applicant meets each of the after the filing of such a request, the (i) present facts showing that the standards in paragraph (a), the Nasdaq Board shall direct the circumstances that gave rise to the Department shall grant the application Department to serve its written decision restriction have changed; and for membership.] immediately or to show good cause for (ii) state with specificity why the an extension of time. If the Department restriction should be modified or [(3)] Unless [If] the Department shows good cause for an extension of determines that there is a basis for removed in light of [the standards set time, the Nasdaq Board may extend the forth in Rule 1014 and] the articulated denying (or conditioning) approval of [180] 90-day (or 120-day) time limit by the [Applicant] application under [does rationale for the imposition of the not more than [90] 45 days. restriction. not meet one or more of] the [standards] (d)–(g) No change. bases for denial in paragraph (a) [in (C) No change. whole or in part], the Department shall 1015. Review by Nasdaq Review (c) Effecting Change and Imposition of approve the application for Council Interim Restrictions membership. If the Department does not (a) Initiation of Review by Applicant approve the application, the (1) A member shall file an application Department shall: Within 25 days after service of a for approval of a change in ownership decision under Rule 1014 or 1017, an or control at least 30 days prior to such (A) grant the application subject to Applicant may file a written request for change. A member may effect a change one or more restrictions reasonably review with the Nasdaq Review in ownership or control prior to the designed to address a specific financial, Council. A request for review shall state conclusion of the proceeding, but the operational, supervisory, disciplinary, with specificity why the Applicant Department may place new interim investor protection, or other regulatory believes that the Department’s decision restrictions on the member [based on concern [based on the standards for is inconsistent with the [membership the standards in Rule 1014,] pending admission in Rule 1014(a)]; or standards]bases for denial set forth in final Department action. (B) deny the application. Rule 1014, or otherwise should be set (2)–(3) No change.

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(d) Rejection Of Application That Is Not demonstrating that it can meet each of direct the Department to issue a Substantially Complete the standards in Rule 1014(a), decision. Within seven days after the If the Department determines within notwithstanding the existence of any of filing of such a request, the Nasdaq [30]15 business days after the filing of the events set forth in Rule 1014(a)(3)(A) Board shall direct the Department to an application that the application is and (C) through (E).] Unless the issue a written decision immediately or not substantially complete, the Department determines that there is a to show good cause for an extension of Department may reject the application basis for denying (or conditioning) time. If the Department shows good and deem it not to have been filed. In approval of the Applicant under the cause for an extension of time, the such case, within the [30]15 day period, bases for denial in Rule 1014(a), the Nasdaq Board may extend the time limit the Department shall serve a written Department shall approve an for issuing a decision by not more than notice on the Applicant of the application submitted under Rule [30] 15 business days. Department’s determination and the 1017(a). (4) Notwithstanding anything in this reasons therefor. If the Applicant (A) In rendering a decision on an Rule 1017 to the contrary: determines to continue to apply for application for approval of a change in (A) in the event that a Nasdaq approval of a change in ownership, ownership or control, or an application member that is also a FINRA member control, or business operations, the for approval of a material change in submits an application for approval Applicant shall submit a new business operations that does not under this Rule and such member is application under this Rule. involve modification or removal of a also required to submit an application membership agreement restriction, the under NASD Rule 1017, the Department (e) Request for Additional Documents Department shall determine if there shall not be required to serve a written and Information would be a basis for denying (or decision under this rule until 10 Within [30]15 business days after the conditioning) approval of the Applicant business days after FINRA serves a filing of an application, the Department [would continue to meet] under the written decision; and shall serve a request for any additional [standards]bases for denail in Rule (B) in the event that a proposed information or documents necessary to 1014(a) upon approval of the change in ownership, control, or render a decision on the application. application. business operations by a Nasdaq The Department may request additional (B) In rendering a decision on an member requires such member to information or documents at any time application requesting the modification become a member of FINRA, the during the application process. Unless or removal of a membership agreement Department shall not be required to otherwise agreed to by the Department restriction, the Department shall serve a written decision under this rule and the Applicant, the Applicant shall consider whether maintenance of the until 10 business days after the Nasdaq file such additional information or restriction is appropriate in light of: member becomes a FINRA member. documents with the Department within (i) [the standards set forth in Rule (4) No change. [30]15 business days after the 1014;] (h)–(k) No change. [(ii)] the circumstances that gave rise Department’s request. * * * * * to the imposition of the restriction; (f) Membership Interview [(iii)](ii) the Applicant’s operations 1020. Registration of Principals since the restriction was imposed; (1) The Department may require the 1021. Registration Requirements Applicant to participate in a [(iv)](iii) any change in ownership or membership interview within [30]15 control or supervisors and principals; (a)–(d) No change. business days after the filing of the and (e) Requirement of Two Registered [(v)](iv) any new evidence submitted application, or if the Department Principals for Members requests additional information or in connection with the application. documents, within [30]15 business days (2) The Department shall serve a (1) A Nasdaq member, except a sole after the filing of the additional written decision on the application proprietorship, shall have at least two information or documents by the within [30] 15 business days after the officers or partners who are registered as Applicant. conclusion of the membership interview principals with respect to each aspect of (2)–(4) No change. or the filing of additional information or the member’s investment banking and documents, whichever is later. If the securities business pursuant to the (g) Department Decision Department does not require the applicable provisions of Rule 1022; (1) The Department shall consider the Applicant to participate in a provided, however, that a proprietary application, the membership interview, membership interview or request trading firm with 25 or fewer registered other information and documents additional information or documents, representatives shall only be required to provided by the Applicant or obtained the Department shall serve a written have one officer or partner who is by the Department, the public interest, decision within [45] 20 business days registered as a principal. This and the protection of investors. [In after the filing of the application under requirement applies to persons seeking rendering a decision on an application paragraph (a). The decision shall state admission as members and existing submitted under Rule 1017(a), the whether the application is granted or members. Department shall consider whether the denied in whole or in part, and shall (2)–(3) No change. Applicant and its Associated Persons provide a rationale for the Department’s * * * * * meet each of the standards in Rule decision, referencing the applicable 1014(a). Where the Department standard in Rule 1014. 1032. Categories of Representative determines that the Applicant or its (3) If the Department fails to serve a Registration Associated Person are the subject of any decision within [180] 90 days after filing (a)–(e) No change. of the events set forth in Rule of an application or such later date as 1014(a)(3)(A) and (C) through (E), a the Department and the Applicant have (f) Limited Representative—Equity presumption exists that the application agreed in writing, the Applicant may Trader should be denied. The Applicant may file a written request with the Nasdaq (1) Each person associated with a overcome the presumption by Board requesting that the Nasdaq Board member who is included within the

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definition of a representative as defined electronic process or such other process Regulation, is party to a regulatory in Rule 1011 must register with Nasdaq as Nasdaq may prescribe. An executive services agreement with Nasdaq, under as a Limited Representative—Equity representative of a Nasdaq member or a which FINRA, among other things, Trader if, with respect to transactions in substitute shall be a member of senior processes membership applications for equity, preferred or convertible debt management and registered principal of Nasdaq. Accordingly, it was felt that securities on Nasdaq, such person is the Nasdaq member. Each executive maintaining similar rules would engaged in proprietary trading, the representative shall maintain an Internet facilitate efficient review of applications execution of transactions on an agency electronic mail account for by non-FINRA members, since FINRA basis, or the direct supervision of such communication with Nasdaq and shall members would become Nasdaq activities, other than any person update firm contact information as members through the expedited waive- associated with (A) a member whose prescribed by Nasdaq. Each member in process. trading activities are conducted shall review and, if necessary, update its As a result of section 15(b)(8) of the principally on behalf of an investment executive representative designation Act 4 and the exemption therefrom company that is registered with the and contact information within 17 provided by Rule 15b9–1 under the Commission pursuant to the Investment business days after the end of each Act,5 moreover, a potential Nasdaq Company Act of 1940 and that controls, calendar quarter. member must also be a member of is controlled by or is under common * * * * * FINRA unless it (i) carries no customer control, with the member, or (B) a accounts, and (ii) has annual gross proprietary trading firm. II. Self-Regulatory Organization’s income derived from purchases and (2) No change. Statement of the Purpose of, and sales of securities otherwise than on an (g)–(h) No change. Statutory Basis for, the Proposed Rule exchange of which it is a member in an Change amount no greater than $1000. Nasdaq * * * * * In its filing with the Commission, underscored this requirement in its own 1130. Reliance on Current Membership Nasdaq included statements concerning Rule 1014, which provides that an List the purpose of, and basis for, the applicant for membership that will The Nasdaq Secretary shall keep a proposed rule change and discussed any transact business with the public must currently accurate and complete comments it received on the proposed be a member of FINRA. Accordingly, the membership roll, containing the name rule change. The text of these statements only applicants for Nasdaq membership and address of each Nasdaq member, may be examined at the places specified using the full membership application process have been, and logically will and the name and address of the in Item IV below. Nasdaq has prepared continue to be, proprietary trading firms executive representative of each Nasdaq summaries, set forth in Sections A, B, that are not, and are not required to member. In any case where a and C below, of the most significant become, members of FINRA. Because membership has been terminated, such aspects of such statements. the Nasdaq application process is fact shall be recorded together with the A. Self-Regulatory Organization’s derived directly from FINRA rules, date on which the membership ceased. Statement of the Purpose of, and the however, it is not well suited to review The membership roll of Nasdaq shall at Statutory Basis for, the Proposed Rule of these applicants, because FINRA all times be available to all members of Change rules focus extensively on a member’s Nasdaq, to all governmental authorities, relationship with its customers. and to the general public; provided, 1. Purpose Nasdaq Rule 1014 also provides that however, that the names and addresses Nasdaq is proposing to amend its an applicant for Nasdaq membership of executive representatives shall not be 1000 Series rules governing the process must already be a member either of available to members or the general for applying to become a member of FINRA or of another national securities public. For the purpose of complying Nasdaq. When Nasdaq first adopted exchange. As a result, all applicants for with pertinent Rules, a member shall be membership rules as an exchange in membership in Nasdaq already have an entitled to rely on such membership 2006, it based Rules 1013 and 1014, Examining Authority for purposes of roll. which stipulate the content of a Rule 15c3–1 under the Act 6 when they * * * * * membership application and the apply. Although there is nothing that 1150. Executive Representative standards for review and approval, would prevent Nasdaq from becoming a primarily on corresponding rules of the member’s Examining Authority at a later Each Nasdaq member shall appoint then National Association of Securities date if the Commission so designated it, and certify to the Secretary of Nasdaq Dealers (‘‘NASD’’).3 However, Nasdaq Nasdaq believes that its membership one ‘‘executive representative’’ who also adopted Rule 1013(a)(6)(C), which application rules should reflect the shall represent, vote, and act for the allows any FINRA member in good applicant’s current status with respect Nasdaq member in all the affairs of standing to become a Nasdaq member to another self-regulatory organization Nasdaq; provided, however, that other through an expedited waive-in (‘‘SRO’’), and therefore do not need to representatives of a Nasdaq member application. This approach reflected the require the same degree of financial may also serve on the Nasdaq Board or fact that (i) the Nasdaq market had information about the applicant as committees of Nasdaq or otherwise take formerly been operated as a facility of would be the case if the applicant had part in the affairs of Nasdaq. If a Nasdaq NASD and virtually all Nasdaq market not previously been a member of an member is also a member of FINRA, the participants were NASD members, and SRO. Nasdaq executive representative shall (ii) FINRA’s subsidiary, NASD Nasdaq is not, however, proposing to be the same person appointed to serve reduce the regulatory scrutiny to which as the FINRA executive representative. 3 In late July 2007, NASD changed its name to the applicants are subject to a level below A Nasdaq member may change its Financial Industry Regulatory Authority (‘‘FINRA’’). that provided by other SROs; rather, executive representative or appoint a Accordingly, we use the term NASD in this filing only (i) when referring to period of time before the substitute for its executive name change, and (ii) with respect to rules that are 4 15 U.S.C. 78o(b)(8). representative upon giving notice still officially designated by FINRA as ‘‘NASD 5 17 CFR 240.15b9–1. thereof to the Nasdaq Secretary via rules.’’ 6 17 CFR 240.15c3–1.

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Nasdaq seeks merely to redirect the 2 under the Act and for whom a Commission, or any state financial focus of the process away from fingerprint card has not been filed with regulatory agency regarding the procedures derived from FINRA’s role another SRO; Applicant’s activities that has not been as primary regulator of firms with • Nasdaq’s application fee, as reported to the Central Registration public customers and its status as provided in Nasdaq Rule 7001; Depository, together with all relevant Examining Authority for a large • A description of the Applicant’s details, including any sanctions percentage of U.S. broker-dealers. In proposed trading activities on Nasdaq, imposed; drafting its new proposed procedures, such as the types of securities it will • A statement indicating whether any Nasdaq has reviewed the application trade, whether it will be a market maker, person listed on Schedule A of the procedures of other exchanges— an order entry firm, and/or engage in Applicant’s Form BD 8 is currently, or principally NYSE Arca, Inc. and the block trading activities, and the extent has been in the last ten years, the International Securities Exchange, to which the Applicant is conducting subject of any investigation or LLC—and has adopted standards that it such activities as a member of other disciplinary proceeding conducted by believes are well designed to allow an SRO(s); any self-regulatory organization, the evaluation of applicant’s ability to • A copy of the Applicant’s most foreign equivalent of a self-regulatory comply with Nasdaq and SEC Rules. recent audited financial statements and organization, a foreign or international As the framework for the new process, a description of any material changes in securities exchange, a contract market Nasdaq is proposing to define the term the Applicant’s financial condition designated pursuant to the Commodity ‘‘proprietary trading firm’’ to mean an since the date of the financial Exchange Act or any substantially applicant for membership with the statements; equivalent foreign statute or regulation, following characteristics: (i) The • An organizational chart; a futures association registered under • Applicant is not required to become a The intended location of the the Commodity Exchange Act or any FINRA member under section 15(b)(8) Applicant’s principal place of business substantially similar foreign statute or of the Act but is a member of another and all other offices, if any, whether or regulation, the Commission or any other registered securities exchange not not such offices would be required to be ‘‘appropriate regulatory agency’’, the registered solely under section 6(g) of registered under the Nasdaq Rules, and Commodity Futures Trading the Act; (ii) all funds used or proposed the names of the persons who will be in Commission, or any state financial to be used by the Applicant for trading charge of each office;7 • regulatory agency regarding the are the Applicant’s own capital, traded A description of the Applicant’s activities that has not been through the Applicant’s own accounts; communications and operational reported to the Central Registration (iii) the Applicant does not, and will not systems the Applicant will employ to Depository, together with all relevant have ‘‘customers,’’ as that term is conduct business and the plans the details, including any sanctions defined in Nasdaq Rule 0120(g); and (iv) procedures, the Applicant will employ imposed; all Principals and Representatives of the to ensure business continuity, • A copy of any contract or agreement Applicant acting or to be acting in the including: system capacity to handle the with another broker-dealer, a bank, a capacity of a trader must be owners of, anticipated level of usage; contingency clearing entity, a service bureau or a employees of, or contractors to the plans in the event of systems or other similar entity to provide the Applicant Applicant. Nasdaq also proposes to technological or communications with services regarding the execution or amend the definition of ‘‘material problems or failures; system clearance and settlement of transactions change in business operations’’ in Rule redundancies; disaster recovery plans; effected on Nasdaq; 1011 to include ‘‘adding business and system security; • If the Applicant proposes to make • activities that would cause a proprietary A copy of any decision or order by markets on Nasdaq, a description of the trading firm no longer to meet the a federal or state authority or self- source and amount of Applicant’s definition of that term. * * *’’ As a regulatory organization taking capital to support its market making result, if a firm became a member based permanent or temporary adverse action activities on Nasdaq, and the source of on its status as a proprietary trading with respect to a registration or any additional capital that may become firm but then sought to expand its licensing determination regarding the necessary; activities to include dealings with Applicant or an Associated Person; • A description of the financial • customers, the member would be A statement indicating whether the controls to be employed by the required to undergo an assessment and Applicant is currently, or has been in Applicant with respect to Nasdaq Rule obtain approval of this change under the last ten years, the subject of any 3011, which governs anti-money Rule 1017. As currently reflected in that investigation or disciplinary proceeding laundering controls; Rule, a material change in business conducted by any self-regulatory • A copy of the Applicant’s written operations requires an application that organization, the foreign equivalent of a supervisory procedures with respect to describes in detail the change in self-regulatory organization, a foreign or the Applicant’s proposed trading ownership, control, or business international securities exchange, a activities on Nasdaq; operations and include a business plan, contract market designated pursuant to • A list of the persons conducting the pro forma financials, an organizational the Commodity Exchange Act or any Applicant’s market making and other chart, and written supervisory substantially equivalent foreign statute trading activities, and a list of the procedures reflecting the change. or regulation, a futures association persons responsible for such persons’ Under the new application process, registered under the Commodity supervision, together with the CRD an applicant would be required to Exchange Act or any substantially number (if applicable) or a copy of Form submit the following information in its similar foreign statute or regulation, the U–4 for each such person; application: Commission or any other ‘‘appropriate • Unless previously provided to • A copy of the Applicant’s current regulatory agency’’ (as defined in the FINRA, a FINRA Entitlement Program Form BD; Act), the Commodity Futures Trading Agreement and Terms of Use and an • An original Nasdaq-approved fingerprint card for each Associated 7 For most proprietary trading firms, there would 8 The direct owners and executive officers of the Person who will be subject to Rule 17f– be only one office. Applicant.

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Account Administration Entitlement include the inability of the Applicant to FINRA member or a firm that is required Form; 9 satisfactorily demonstrate capacity to to become a FINRA member due to a • A copy of the Applicant’s most adhere to applicable Nasdaq and change in ownership, control, or recent ‘‘FOCUS Report’’ (Form X–17A– Commission policies, rules, and business operations, the rule is being 5) filed with the Commission pursuant regulations, including, those concerning amended to provide that the Department to Rule 17a–5 under the Act (the most record-keeping, reporting, finance, and is not required to take action on an current Parts I, II, and III, as applicable); trading procedures. For example, an application for approval under Rule • All examination reports and Applicant whose written supervisory 1017 until FINRA has acted on the corresponding responses regarding the procedures did not adequately describe comparable application under its rule or Applicant for the previous two years the means by which the firm would the firm has become a FINRA member, from the self-regulatory organizations of assure compliance by its traders with as applicable. Similarly, the proposed which it is a member; applicable market rules would be rule change would make the • An agreement to comply with the denied on that basis. Similarly, past rule membership interview for the initial federal securities laws, the rules and violations would be a basis for denial if application process optional at the regulations thereunder, the Nasdaq the firm had not taken adequate steps to discretion of the Department, since the Rules, and all rulings, orders, directions, guard against recurring offenses. interview process does not exist under and decisions issued and sanctions Other bases for denial would include the rules of most SROs and is of less imposed under the Nasdaq Rules; factors indicative of financial importance with respect to proprietary • An agreement to pay such dues, difficulties, such as not being in trading firms. However, the Department assessments, and other charges in the compliance with the Commission’s net would retain discretion to require an manner and amount as from time to capital rule; having financial difficulties interview if determined necessary to time shall be fixed pursuant to the involving an amount that is more than clarify aspects of an application, in Nasdaq Rules; and 5% of the Applicant’s net worth; being which case the time allotted for • Such other reasonable information subject to a current or recent bankruptcy completion of the application review with respect to the applicant as Nasdaq proceeding; or engaging in an process by the Department would be may require. established pattern of failure to pay just expanded accordingly. In addition, as currently provided by debts. Finally, denial could be based on In recognition of the lower risk profile Rule 1013, an applicant is required to failure to have required governmental presented by a small member that does submit its Forms U4 for each Associated and SRO registrations, or being unable not interact with customers, Nasdaq is Person who is required to be registered to demonstrate reasonably adequate also amending Rule 1021 to provide that under Nasdaq Rules and any required systems capability and capacity. a proprietary trading firm with 25 or amendments to its Forms BD or U4. As The revised rule will continue to fewer registered representatives is under the current rule, Applicants must provide that the Department will not required to have only one, rather than keep their application current by approve an Applicant unless the two registered principals. Similarly, submitting amendments if facts and Applicant is a member of another Nasdaq proposes to eliminate the circumstances change. Without limiting registered securities exchange or requirement that traders for proprietary the generality of this requirement, association that is not registered solely trading firms register as equity traders Applicants must promptly notify the with respect to futures based on single under Rule 1032(f). FINRA’s Series 55 Department of any material adverse stocks or narrow indexes; and that an exam, which is required for registration change in financial condition. Applicant that will transact business as an equity trader, continues to have a Nasdaq is also amending Rule 1014 to with the public must be a member of predominant focus on the over-the- replace the specific findings that must FINRA. The proposed rule change also counter market and the complexities of be made prior to admission of a FINRA makes conforming changes to provisions FINRA trade reporting rules applicable member with more general bases for of Rule 1014, 1015, and 1017 that refer to it, as well as rules relating to denial of membership. Specifically, the to the standards for admission in Rule customers. Because a proprietary revised rule would provide that the 1014. trading firm is not, by definition, Nasdaq Membership Department 10 shall The proposed rule change also required to be a FINRA member, Nasdaq approve an application unless there is a reduces the time allotted for various believes that requiring traders for these basis for denying or conditioning aspects of review, both for initial firms to register in this capacity requires approval.11 The rule further provides applications and for changes of them to master a body of knowledge that the Department may deny (or ownership, control and business with little relevance to their actual condition) approval of an Applicant for operations under Rule 1017. This participation in the market. the same reasons that the Commission change reflects the fact that all Accordingly, Nasdaq believes that it may deny or revoke a broker or dealer applicants will be proprietary trading constitutes an unwarranted regulatory registration and for those reasons firms, whose operations are less burden.12 required or allowed under the Act. complex than those of firms with Finally, Nasdaq proposes to amend Without limiting the generality of the customers that are required to become Rules 1130 and 1150 to simplify Nasdaq foregoing, the amended rule lists FINRA members, and are also members and member recordkeeping with regard specific bases upon which the of other SROs that serve as their to executive representatives of Nasdaq Department may deny (or condition) Examining Authority. In addition, members that are also FINRA members approval of an Applicant. These bases FINRA may conduct review of Nasdaq by requiring that a firm’s executive member applications under the revised representative under Nasdaq rules be 9 Needed for use of FINRA’s CRD system. rule using personnel located in the the same as its executive representative 10 The term includes FINRA staff acting on Washington, DC area, rather than using under FINRA rules. In keeping with Nasdaq’s behalf. personnel at FINRA district offices as 11 A similar change would be made in Rule 1017, had previously been the case; 12 If a proprietary trading firm opted to become providing that an application for a material change centralizing review has the potential to a FINRA member even though it was not required in business operations shall be approved unless to, its traders would be required to take the Series there is a basis for denying it under the standards reduce the time needed to process 55 exam and register as equity traders under FINRA in Rule 1014. applications. However, with respect to a rules.

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FINRA policies, moreover, Nasdaq is including whether the proposed rule SECURITIES AND EXCHANGE amending the rule to stipulate that the change is consistent with the Act. COMMISSION identity of the executive representative Comments may be submitted by any of is non-public information. This the following methods: [Release No. 34–56726; File No. SR–NYSE– restriction ensures that personal contact Electronic Comments 2007–96] information for executive representatives is not used for improper • Use the Commission’s Internet Self-Regulatory Organizations; New purposes. comment form (http://www.sec.gov/ York Stock Exchange LLC; Notice of rules/sro.shtml); or Filing and Immediate Effectiveness of 2. Statutory Basis • Send an e-mail to rule- Proposed Rule Change Relating to Nasdaq believes that the proposed [email protected]. Please include File Rule 80A (Index Arbitrage Trading rule change is consistent with the Number SR–NASDAQ–2007–085 on the Restrictions) provisions of section 6 of the Act,13 in subject line. general, and with section 6(b)(5) of the October 31, 2007. Paper Comments Act,14 in particular, in that the proposal Pursuant to Section 19(b)(1) of the is designed to prevent fraudulent and • Send paper comments in triplicate Securities Exchange Act of 1934 manipulative acts and practices, to to Nancy M. Morris, Secretary, (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 promote just and equitable principles of Securities and Exchange Commission, notice is hereby given that on October trade, to foster cooperation and 100 F Street, NE., Washington, DC 25, 2007, the New York Stock Exchange coordination with persons engaged in 20549–1090. LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed regulating, clearing, settling, processing All submissions should refer to File with the Securities and Exchange information with respect to, and Number SR–NASDAQ–2007–085. This Commission (‘‘Commission’’) the facilitating transactions in securities, to file number should be included on the proposed rule change as described in remove impediments to and perfect the subject line if e-mail is used. To help the Items I and II below, which Items have mechanism of a free and open market Commission process and review your been substantially prepared by the and a national market system, and, in comments more efficiently, please use Exchange. The NYSE filed the proposal general, to protect investors and the only one method. The Commission will pursuant to Section 19(b)(3)(A) of the public interest. post all comments on the Commission’s Act 3 and Rule 19b–4(f)(6) thereunder,4 Internet Web site (http://www.sec.gov/ which renders it effective upon filing B. Self-Regulatory Organization’s rules/sro.shtml). Copies of the with the Commission. The Commission Statement on Burden on Competition submission, all subsequent is publishing this notice to solicit Nasdaq does not believe that the amendments, all written statements comments on the proposed rule change proposed rule change will result in any with respect to the proposed rule from interested persons. burden on competition that is not change that are filed with the I. Self-Regulatory Organization’s necessary or appropriate in furtherance Commission, and all written Statement of the Terms of Substance of of the purposes of the Act. communications relating to the the Proposed Rule Change proposed rule change between the C. Self-Regulatory Organization’s Commission and any person, other than The Exchange is proposing to rescind Statement on Comments on the those that may be withheld from the NYSE Rule 80A (Index Arbitrage Proposed Rule Change Received From public in accordance with the Trading Restrictions) to eliminate order Members, Participants or Others provisions of 5 U.S.C. 552, will be entry restrictions on certain index Written comments were neither available for inspection and copying in arbitrage orders entered on the solicited nor received. the Commission’s Public Reference Exchange. The text of the proposed rule change is available on the NYSE’s Web III. Date of Effectiveness of the Room, 100 F Street, NE., Washington, DC 20549, on official business days site (http://www.nyse.com), at the Proposed Rule Change and Timing for NYSE, and at the Commission’s Public Commission Action between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be Reference Room. Within 35 days of the date of available for inspection and copying at II. Self-Regulatory Organization’s publication of this notice in the Federal the principal office of Nasdaq. All Statement of the Purpose of, and Register or within such longer period (i) comments received will be posted Statutory Basis for, the Proposed Rule as the Commission may designate up to without change; the Commission does Change 90 days of such date if it finds such not edit personal identifying longer period to be appropriate and information from submissions. You In its filing with the Commission, the publishes its reasons for so finding or should submit only information that Exchange included statements (ii) as to which the Nasdaq consents, the you wish to make available publicly. All concerning the purpose of, and basis for, Commission will: submissions should refer to File the proposed rule change and discussed (A) By order approve such proposed Number SR–NASDAQ–2007–085 and any comments it received on the rule change, or should be submitted on or before proposed rule change. The text of these (B) institute proceedings to determine November 27, 2007. statements may be examined at the whether the proposed rule change places specified in Item IV below. The should be disapproved. For the Commission, by the Division of Exchange has prepared summaries, set Market Regulation, pursuant to delegated forth in Sections A, B, and C below, of authority.15 IV. Solicitation of Comments the most significant aspects of such Interested persons are invited to Florence E. Harmon, statements. submit written data, views, and Deputy Secretary. arguments concerning the foregoing, [FR Doc. E7–21740 Filed 11–5–07; 8:45 am] 1 15 U.S.C. 78s(b)(1). BILLING CODE 8011–01–P 2 17 CFR 240.19b–4. 13 15 U.S.C. 78f. 3 15 U.S.C. 78s(b)(3)(A). 14 15 U.S.C. 78f(b)(5). 15 17 CFR 200.30–3(a)(12). 4 17 CFR 240.19b–4(f)(6).

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A. Self-Regulatory Organization’s were triggered on relatively few and ‘‘program trading’’ are proposed to Statement of the Purpose of, and occasions throughout the early 1990s be repositioned in NYSE Rule 132B Statutory Basis for, the Proposed Rule (for example, only 9 times in 1993), but (Order Tracking Requirements) as they Change were increasingly invoked as volatility continue to be part of the Exchange’s heightened later in the decade (366 regulatory agenda.13 The definition of 1. Purpose times in 1998). The basis for the ‘‘account of an individual investor’’ in The Exchange is proposing to rescind restrictions calculation was changed in NYSE Rule 80A.40(c) is proposed to be NYSE Rule 80A (Index Arbitrage 1999 from 50 points to the two percent made part of NYSE Rule 92.40 as this Trading Restrictions) and thereby value discussed above.9 This had the rule currently refers to this definition in eliminate the ‘‘collar’’ provisions of the effect of reining in the imposition of the NYSE Rule 80A. rule. Currently, NYSE Rule 80A(a) and restrictions; in fact, they were imposed (b) require that, for any component only once during 2004–2005. They have Other Rule Amendments stock of the S&P 500 Stock Price been imposed 15 times so far in 2007. Conforming amendments to two other IndexSM, whenever the NYSE The Exchange is making this change  5 Exchange rules are proposed as a Composite Index (‘‘NYA’’) advances since it does not appear that the consequence of the proposed or declines by a predetermined value approach to market volatility envisioned amendments to NYSE Rule 80A. from its previous day’s closing value, all by the use of these ‘‘collars’’ is as NYSE Rule 123C—This rule details index arbitrage orders to buy or sell meaningful today as when the rule was the procedures for ‘‘market on close’’ (depending on the direction of the move formalized in the late 1980s. In the in the NYA) must be entered as either Exchange’s view, volatility is neither (MOC) and ‘‘limit on close’’ (LOC) order ‘‘buy minus’’ or ‘‘sell plus.’’ 6 The tick restrained nor enhanced by the entry, publication of imbalances and restrictions are imposed based upon a imposition of the collars. It is as likely closing prints. Generally, MOC or LOC ‘‘two-percent value’’ change in the NYA that markets will reverse trends whether orders are not cancelable after 3:40 p.m., from its prior day’s closing value, where or not Rule 80A is invoked. In addition, except to correct certain errors or to the ‘‘two-percent change’’ is two percent NYSE Rule 80A addresses only one type comply with the order entry of the average closing value of the NYA of trading strategy, namely index requirements of NYSE Rule 80A, if the for the last month of the previous arbitrage, whereas the number and types two percent collars are in effect. calendar quarter, rounded down to the of strategies have increased markedly in References to the NYSE Rule 80A nearest ten points. The order entry the last 20 years and may as well provisions are proposed to be removed conditions are lifted if the NYA recovers contribute to the increase in or lack of in Rule 123C (1) and (2). to within one percent of the previous volatility. Indeed, in approving the NYSE Rule 123C(7)—This rule day’s closing value, and can be Exchange’s expansion of the collars to establishes procedures for exceptions to reimposed if the average moves away by the two percent level in 1999, the NYSE Rule 80A’s entry restrictions for two percent again during a trading Commission stated that ‘‘[i]t may make MOC index arbitrage orders on so-called session. little sense to single out index arbitrage, ‘‘expiration days’’, i.e., the day when expiring stock and index option and NYSE Rule 80A which ensures that markets are aligned economically, from all other types of futures products’ pricing is established, NYSE states that NYSE Rule 80A was program trading.’’ 10 usually the third Friday of the month. formulated as one of the responses to As markets have continually and It is proposed that this section be the market break of October 1987 to significantly evolved in the years since rescinded entirely. reduce market volatility and promote the original rule was adopted, similar 7 NYSE Rule 476A—This rule investor confidence. In its initial form, regulatory constraints on trading have establishes procedures to enable the the rule used a measure of a 50 point been removed. For example, earlier this Exchange to impose appropriate move in the Dow Jones Industrial year, the Commission ended price tick sanctions for less serious violations of AverageSM to activate restrictions on restrictions on short sales by removing Exchange rules. References to violations order entry in S&P 500 stocks into 11 Rule 10a–1, a regulation adopted of NYSE Rule 80A contained in the list Exchange systems.8 The restrictions 12 almost 70 years ago. In doing so, the of rules subject to these procedures are Commission discussed the practice of proposed to be deleted. 5 The trigger values were originally based on applying different price tests to trading movement in the value of the Dow Jones Industrial 2. Statutory Basis Average, but were changed in 2005. See Securities in different securities and markets. This Exchange Act Release No. 52328 (August 24, 2005), is true in NYSE Rule 80A as well since The basis under the Act for this 70 FR 51398 (August 30, 2005) (SR–NYSE–2005– its tick restrictions apply only to index 45). proposed rule change is the requirement arbitrage orders in S&P 500 component 14 6 NYSE Rule 13 defines a ‘‘buy minus’’ order as under Section 6(b)(5) of the Act that an order to buy a stated amount of stock provided stocks. an exchange have rules that are For these reasons, the Exchange that the price to be obtained is not higher than the designed to promote just and equitable last sale if the last sale was a ‘‘minus’’ or ‘‘zero believes it is appropriate to remove the principles of trade, to remove minus’’ tick, and is not higher than the last sale order entry restrictions of NYSE Rule impediments to and perfect the minus the minimum fractional change in the stock 80A. if the last sale was a ‘‘plus’’ or ‘‘zero plus’’ tick. A mechanism of a free and open market ‘‘sell plus’’ order is defined as an order to sell a Definitions in NYSE Rule 80A and a national market system and, in stated amount of a stock provided that the price to be obtained is not lower than the last sale if the last Definitions in NYSE Rule 80A.40(a) sale was a ‘‘plus’’ or ‘‘zero plus’’ tick, and is not and (b) for the terms ‘‘index arbitrage’’ 13 Earlier this year, the Exchange advised its lower than the last sale plus the minimum member organizations of new reporting fractional change in the stock if the last sale was requirements for program trading activities, a ‘‘minus’’ or ‘‘zero minus’’ tick. 9 See Securities Exchange Act Release No. 41041 including index arbitrage activities. See NYSE 7 Rule 80A was originally approved by the (February 11, 1999), 64 FR 8424 (February 19, 1999) Regulation Information Memo No. 07–52 (June 11, Commission in April 1988. See Securities Exchange (SR–NYSE–98–45). 2007). If the proposed relocation of the definitions Act Release No. 25599 (April 19, 1988), 53 FR 10 Id. at 8246. of ‘‘index arbitrage’’ and ‘‘program trading’’ is 13371 (April 22, 1988) (SR–NYSE–88–02). 11 17 CFR 240.10a–1. approved, the Exchange will inform member 8 ‘‘Dow Jones Industrial Average’’ is a service 12 See Securities Exchange Act Release No. 55970 organizations of these reporting obligations. mark of Dow Jones & Co., Inc. (June 28, 2007), 72 FR 36348 (July 3, 2007). 14 15 U.S.C. 78f(b)(5).

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general, to protect investors and the Commission may summarily abrogate be submitted on or before November 27, public interest. such rule change if it appears to the 2007. Commission that such action is B. Self-Regulatory Organization’s For the Commission, by the Division of necessary or appropriate in the public Statement on Burden on Competition Market Regulation, pursuant to delegated interest, for the protection of investors authority.20 The Exchange does not believe that or otherwise in furtherance of the Florence E. Harmon, the proposed rule change will impose purposes of the Act. Deputy Secretary. any burden on competition that is not necessary or appropriate in furtherance IV. Solicitation of Comments [FR Doc. E7–21773 Filed 11–5–07; 8:45 am] of the purposes of the Act. Interested persons are invited to BILLING CODE 8011–01–P submit written data, views, and C. Self-Regulatory Organization’s arguments concerning the foregoing, Statement on Comments on the including whether the proposed rule SMALL BUSINESS ADMINISTRATION Proposed Rule Change Received From change is consistent with the Act. Members, Participants or Others [Disaster Declaration # 11081 and # 11082] Comments may be submitted by any of The Exchange has neither solicited the following methods: Connecticut Disaster # CT–00009 nor received written comments on the proposed rule change. Electronic Comments AGENCY: U.S. Small Business • Use the Commission’s Internet Administration. III. Date of Effectiveness of the comment form (http://www.sec.gov/ ACTION: Notice. Proposed Rule Change and Timing for rules/sro.shtml); or SUMMARY: This is a notice of an Commission Action • Send an e-mail to rule- Administrative declaration of a disaster Because the foregoing rule change [email protected]. Please include File for the State of Connecticut dated 10/25/ does not: (1) Significantly affect the Number SR–YSE–2007–96 on the 2007. protection of investors or the public subject line. interest; (2) impose any significant Incident: Severe Storms and Flooding. Incident Period: 10/11/2007. burden on competition; and (3) become Paper Comments • Effective Date: 10/25/2007. operative for 30 days after the date on Send paper comments in triplicate Physical Loan Application Deadline which it was filed, or such shorter time to Nancy M. Morris, Secretary, Date: 12/24/2007. as the Commission may designate, it has Securities and Exchange Commission, Economic Injury (EIDL) Loan become effective pursuant to Section 100 F Street, NE., Washington, DC Application Deadline Date: 07/25/2008. 15 20549–1090. 19(b)(3)(A) of the Act and Rule 19b– ADDRESSES: 16 Submit completed loan 4(f)(6) thereunder. All submissions should refer to File applications to: U.S. Small Business NYSE has requested that the Number SR–NYSE–2007–96. This file Administration, Processing and Commission waive the 30-day operative number should be included on the Disbursement Center, 14925 Kingsport delay.17 The Commission believes that subject line if e-mail is used. To help the Road, Fort Worth, TX 76155. waiver of the 30-day operative delay is Commission process and review your FOR FURTHER INFORMATION CONTACT: A. consistent with the protection of comments more efficiently, please use Escobar, Office of Disaster Assistance, investors and the public interest only one method. The Commission will U.S. Small Business Administration, because rescission of NYSE Rule 80A post all comments on the Commission’s 409 3rd Street, SW., Suite 6050, would remove restrictions on index Internet Web site (http://www.sec.gov/ Washington, DC 20416. arbitrage, the appropriateness of which rules/sro.shtml). Copies of the SUPPLEMENTARY INFORMATION: the Commission has previously submission, all subsequent Notice is questioned.18 For this reason, the amendments, all written statements hereby given that as a result of the Commission designates the proposed with respect to the proposed rule Administrator’s disaster declaration, rule change to be effective and operative change that are filed with the applications for disaster loans may be upon filing with the Commission.19 Commission, and all written filed at the address listed above or other At any time within 60 days of the communications relating to the locally announced locations. The following areas have been filing of such proposed rule change the proposed rule change between the determined to be adversely affected by Commission and any person, other than 15 the disaster: U.S.C. 78s(b)(3)(A). those that may be withheld from the 16 17 CFR 240.19b–4(f)(6). public in accordance with the Primary Counties: Fairfield. 17 17 CFR 240.19b–4(f)(6)(iii). Rule 19b–4(f)(6) Contiguous Counties: provisions of 5 U.S.C. 552, will be also requires the self-regulatory organization to give Connecticut: Litchfield, New Haven. the Commission notice of its intent to file the available for inspection and copying in New York: Dutchess, Putnam, proposed rule change, along with a brief description the Commission’s Public Reference and text of the proposed rule change, at least five Westchester. business days prior to the date of filing of the Room, 100 F Street, NE., Washington, The Interest Rates are: proposed rule change, or such shorter time as DC 20549, on official business days designated by the Commission. The Exchange has between the hours of 10 a.m. and 3 p.m. Percent satisfied the five-day pre-filing requirement. 18 Copies of such filing also will be See Securities Exchange Act Release No. 41041, Homeowners With Credit Avail- supra note 18, at 8426. There, the Commission also available for inspection and copying at noted that it ‘‘may make little sense to single out the principal office of the NYSE. All able Elsewhere ...... 6.250 index arbitrage, which ensures that markets are comments received will be posted Homeowners Without Credit Available Elsewhere ...... 3.125 aligned economically, from all other types of without change; the Commission does program trading. Indeed, the restrictions on index Businesses With Credit Available arbitrage may tend to disconnect the securities and not edit personal identifying Elsewhere ...... 8.000 futures markets and impose unnecessary costs on information from submissions. You Businesses and Small Agricultural market participants.’’ Id. should submit only information that Cooperatives Without Credit 19 For the purposes only of waiving the 30-day you wish to make available publicly. All Available Elsewhere ...... 4.000 operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, submissions should refer to File and capital formation. See 15 U.S.C. 78c(f). Number SR–NYSE–2007–96 and should 20 17 CFR 200.30–3(a)(12).

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Percent client base and electronically transfer program in their environment of choice the data to SSA. (e.g., Java, Visual Studio, .NET, and Other (Including Non-Profit Orga- After the initial disability claims data Perl) to invoke the service and feel nizations) With Credit Available collection effort in 2008 is evaluated, confident that their claims data Elsewhere ...... 5.250 SSA will add functional capabilities in submissions will not be compromised Businesses and Non-Profit Orga- future years to collect data on electronic upon delivery to SSA. The Web Service nizations Without Credit Avail- able Elsewhere ...... 4.000 appeal forms and integrated claims will be integrated into SSA’s existing applications. This multi-year initiative Secure Web Services Architecture The number assigned to this disaster will provide a comprehensive systems which requires the WS-Security for physical damage is 11081 6 and for interface for companies to send claims Username Token Profile and Digital economic injury is 11082 0. data (including Title II Retirement and Signature standards. The States which received an EIDL Spouse application data, disability data, The claims data Web service will Declaration # are Connecticut, New and medical evidence) to SSA on behalf accept XML file format as input, and York. of their clients. The envisioned long- these files may be optionally range solution beyond 2008 is a web compressed. Files may be attached to (Catalog of Federal Domestic Assistance service that will facilitate the collection the message using the SOAP Message Numbers 59002 and 59008) of data through the entire life-cycle of Transmission Optimization Mechanism, Steven C. Preston, Internet applications, including Title II or they may be transmitted inline as Administrator. and Title XVI initial claims and appeals. base64 encoded data. [FR Doc. E7–21818 Filed 11–5–07; 8:45 am] DATES: Companies which are interested Throughout 2008, SSA will be finalizing this Social Security Benefits BILLING CODE 8025–01–P in participating in this web service beta test and meet the criteria should send an Data Web Service offering and allowing e-mail to [email protected] businesses to participate in planned Beta tests. The WSDL which is required SOCIAL SECURITY ADMINISTRATION by November 8, 2007. Upon receipt of your e-mail we will invite you to a to invoke the service will be made [Docket No. SSA–2007–0086] teleconference that is planned for available to the public next year with a November 15, 2007 to discuss any developer’s guide to follow shortly Social Security Claims Data Exchange questions that you may have. Please thereafter. The participating businesses Announcement note that prior to the teleconference all will need to register with SSA to obtain AGENCY: Social Security Administration. companies will be expected to sign a a Secure Web Service Integrated Registration Services (IRES) PIN/ ACTION: Notice of Invitation to Social participation agreement attesting that password and are prepared to support Security Benefits Service Providers for the selection criteria is met. Reference the Beta test period. Web Service Beta Test. Web Service Beta Test in the subject field of your e-mail and include the Tentative key dates for the Social SUMMARY: The Social Security following information: Contact name, Security Benefits Data Web Service are: Administration (SSA) is pleased to mailing address, phone and facsimile Design and Development (November announce that, in 2008; the agency will numbers, and e-mail address. 2007–July 2008). develop and implement a Beta test of a FOR FURTHER INFORMATION CONTACT: Validation and Integration (July 2008– web service which will allow the Tammy Joyner, 410–966–2838. December 2008). Beta Implementation of Internet Social submission of Initial-level claims, SUPPLEMENTARY INFORMATION: including Disability applications and Security Benefit Application data Adult Disability Reports, from Basic Functionality (September 2008). companies who assist the public with SSA is interested in expanding the Beta Implementation of Internet filing for benefits. relationship with businesses by Disability Report data (December In 2008, SSA plans to develop the allowing the submission of claims- 2008). web service to initially collect data on related data to SSA for multiple Businesses must meet the following the Internet Social Security Benefit applicants using standardized data criteria in order to participate in this Application and Disability Report. Note exchange protocols. SSA would like to Beta Test: that when a third party submits an leverage the data that businesses may 1. Companies must have the current application, SSA must contact the already have in their records, without capability to write their own claims claimant before it is considered valid. In requiring the labor-intensive process of software, user guide and the initial phase, organizations will be keying information into a web interface documentation. able to submit claims data in bulk and one claim at a time. 2. Companies must have the current receive a confirmation of receipt of the capability to electronically submit submitted data. In subsequent phases, Technical Information Initial-level disability claims to SSA for the systems interface will also include The Social Security Benefits Data Web processing or provide the ability for the ability for organizations to check on Service will be a J2EE application which their customers to equally do so. the status of previously submitted uses Simple Object Access Protocol 3. Companies must have the ability to claims information. (SOAP) and Web Services Description modify their claims submission SSA would like to extend an Language (WSDL) specifications. The environment in time to participate in invitation to companies who assist secure offering adheres to Version 1.0 of testing with SSA beginning July 2008. individuals with their Social Security the Web Services-Interoperability Participating organizations must also benefit applications, to participate in Organization (WS–I) Basic Profile. adhere to SSA’s policies, procedures this web service claims data exchange SOAP message integrity will be ensured and laws relative, but not limited to: Beta test. The Beta test is structured to by following Web Services Security Disclaimers, liability, security, integrity, use the ‘‘consolidator’’ model, where the Version 1.0 standards. Because of this privacy, entitlement factors, and benefit participating company serves as a approach to standardization, Third eligibility. The sole intention is to conduit to receive claims data from their Party Bulk Claims Providers can provide a facilitating web service to

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meet client demands. SSA retains the followed. The proposed action is to Issued on: October 30, 2007. right to deny electronic delivery of preserve a right of way corridor, identify Susan Klekar, claims data without confirmation of a an alignment, and develop a facility Division Administrator, FHWA, Nevada valid electronic receipt. SSA reserves type for the ‘‘Sheep Mountain Parkway’’ Division. the right to deny and/or terminate in and near northern portions of the City [FR Doc. 07–5518 Filed 11–5–07; 8:45 am] testing and/or any agreements. of Las Vegas and the City of North Las BILLING CODE 4910–22–M This is not a request for proposal and Vegas. The purpose of the proposed the Government does not intend to pay project is to accommodate travel for information submitted. Nothing in demand resulting from existing and DEPARTMENT OF TRANSPORTATION this announcement or a contractor’s planned development in the northern subsequent participation in this Web Las Vegas Valley by considering National Highway Traffic Safety service beta test shall be construed as multimodal transportation facilities. Administration obligating the Government to incur any The proposed project will include new participating company’s costs in transportation facilities to provide a link Reports, Forms and Record Keeping developing the web service. between the Clark County 215 beltway, Requirements; Agency Information Collection Activity Under OMB Review Dated: October 31, 2007. US 95, and I–15 (approximately 25 miles), as well as the arterial network in Michael J. Astrue, AGENCY: National Highway Traffic the northern Las Vegas Valley. The Commissioner of Social Security. Safety Administration, U.S. Department project will also connect to planned of Transportation. [FR Doc. E7–21844 Filed 11–5–07; 8:45 am] regional fixed guideway transit ACTION: Notice. BILLING CODE 4191–02–P corridors on Rancho Road and North 5th Street. SUMMARY: In compliance with the The EIS will consider various Paperwork Reduction Act of 1995 (44 DEPARTMENT OF TRANSPORTATION improvement alternatives as well as a U.S.C. 3501 et seq.), this notice no action alternative. A feasibility study Federal Highway Administration announces that the Information was conducted to assess multiple Collection Request (ICR) abstracted alignments and facility configuration below has been forwarded to the Office Environmental Impact Statement: Clark options. Other alternatives will be County, NV of Management and Budget (OMB) for considered as part of the public and review and comment. The ICR describes AGENCY: Federal Highway environmental review process for this the nature of the information collections Administration (FHWA), DOT. National Environmental Policy Act and their expected burden. The Federal ACTION: Notice of Intent. (NEPA) document. Public and agency Register Notice with a 60-day comment scoping meetings are planned and will period was published on April 9, 2007 SUMMARY: The FHWA is issuing this be held during the project development (72 FR 17598). No comments were notice to advise the public that an process. Letters describing the proposed received. environmental impact statement will be project and soliciting comments will be This document describes two prepared for the proposed Sheep sent to appropriate federal, state, and collections of information for which Mountain Parkway Multimodal local agencies having special interest or NHTSA intends to seek OMB approval. Transportation Project, which includes expertise, as well as private The first ICR described is ‘‘Consolidated highway, transit, and non-motorized organizations and citizens who have Child Restraint Registration, Labeling trail components, in Clark County, previously expressed or are known to and Defect Notification.’’ The second Nevada. have interest in the proposed project. ICR is ‘‘Consolidated Labeling FOR FURTHER INFORMATION CONTACT: Mr. In addition, public meetings will be Requirements for Vehicles (Except the Abdelmoez A. Abdalla, Environmental held during the project development VIN).’’ Program Manager, Federal Highway process and a public hearing will be held for the draft EIS. Public notices DATES: Comments must be submitted on Administration, 705 N. Plaza Street, or before December 6, 2007. Suite 220, Carson City, NV 89701, will be given announcing the time and FOR FURTHER INFORMATION CONTACT: Mr. Telephone: (775) 687–1231, e-mail: place of the public meetings and the Maurice Hicks at the National Highway [email protected]. or hearing. The draft EIS will be available Traffic Safety Administration, Office of Mr. Daryl James, Chief, Environmental for public and agency review and Rulemaking (NVS–113), 1200 New Service Division, Nevada Department of comment prior to the public hearing. Jersey Ave., SE., Washington, DC 20590. Transportation (NDOT), 1263 S. Stewart To ensure that the full ranges of issues Mr. Hicks’ telephone number is (202) Street, Carson City, Nevada 89712, related to this proposed action are 366–6345. Telephone: (775) 888–7686, e-mail: addressed and significant issues are [email protected]. identified, comments and suggestions SUPPLEMENTARY INFORMATION: are invited from interested parties. SUPPLEMENTARY INFORMATION: The Comments or questions concerning this National Highway Traffic Safety FHWA, in cooperation with the Nevada proposed action and the EIS should be Administration Department of Transportation, the directed to the FHWA or NDOT at the (1) Title: ‘‘Consolidated Child Regional Transportation Commission of addresses provided above. Restraint System Registration, Labeling Southern Nevada (RTC), and City of Las and Defect Notifications.’’ Vegas, will prepare an environmental (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning OMB Control Number: 2127–0576. impact statement (EIS) on a proposed and Construction. The regulations Type of Request: Revised Collection. multimodal transportation project in implementing Executive Order 12372 Abstract: This action consolidates two Clark County, Nevada. The FHWA will regarding intergovernmental consultation on existing collections of information. In serve as the Lead Federal Agency while Federal programs and activities apply to this the previous collections of information: the NDOT will serve as Joint Lead program.) (1) A collection was established to Agency. The new 2005 SAFETEA–LU Authority: 42 U.S.C. § 4321 et seq., 49 CFR require manufacturers to provide owner environmental review process will be 1.48(d)(17), and 40 CFR 1501.7 registration cards and to label each child

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restraint system (CRS) with a message Internet 1 (see Figure 3). When the for Motor Vehicles’’ (except the VIN)). informing users of the importance of completed registration is returned to the NHTSA seeks to consolidate the two registering the device with the agency, it is then submitted to the CRS collections because the provisions for manufacturer, and (2) another collection manufacturers. In the absence of a glazing materials in both collections are was issued to allow NHTSA to substitute registration system, many interrelated. The two collections implement a registration program to owners of child passenger safety seats, address a process that vehicle send CRS owners a substitute especially any second-hand owners, manufacturers follow in first gaining a registration form if owners had lost the might not be notified of safety defects unique identification number from registration card (OMB control numbers and noncompliances, and would not NHTSA and then labeling each piece of 2127–0511, ‘‘49 CFR 571.213, Child have the defects and noncompliances vehicle glazing with that number to Restraint Systems,’’ and 2127–0576, remedied. verify compliance with Federal ‘‘Child Safety Seat Registration’’). Child seat owner registration standards. Furthermore, in the second collection, it information is retained in the event that In order to ensure that motor vehicle was also required that if either NHTSA owners need to be contacted for defect safety is maintained and that or a manufacturer determines that a CRS recalls or replacement campaigns. manufacturers are complying with the contains a defect that relates to motor Chapter 301 of title 49 of the United FMVSS and regulations, NHTSA vehicle safety or fails to comply with an States Code specifies that if either requires a number of specific labeling applicable Federal Motor Vehicle Safety NHTSA or a manufacturer determines requirements. FMVSS No. 105, Standard, pursuant to Chapter 301 of that motor vehicles or items of motor ‘‘Hydraulic and electric brake systems’’ title 49 of the United States, the vehicle equipment contain a defect that and FMVSS No. 135, ‘‘Light vehicle manufacturer must notify owners and relates to motor vehicle safety or fail to brake systems,’’ require that each purchasers of the defect or comply with an applicable Federal vehicle shall have a brake fluid warning noncompliance and must provide a motor vehicle safety standard, the statement in letters at least one-eighth of remedy without charge. The proposed manufacturer must notify owners and a inch high on the master cylinder revised collection will consolidate these purchasers of the defect or reservoirs and located so as to be visible provisions but will retain the control noncompliance and must provide a by direct view. FMVSS No. 205, number of the second collection. remedy without charge. In title 49 of the ‘‘Glazing materials,’’ requires that Child restraint manufacturers are CFR, part 577, defect and manufacturers mark their automotive required to provide an owner’s noncompliance notification for glazing with certain label information. registration card for purchasers of child equipment items, including child In addition, for certain specialty glazing safety seats in accordance with title 49 restraint systems, must be sent by first items, manufacturers are required to of the Code of Federal Regulation (CFR), class mail to the most recent purchaser affix a removable label to each item. part 571—section 213, ‘‘Child restraint known to the manufacturer. FMVSS No. 209, ‘‘Seat belt assemblies,’’ systems.’’ The registration card is Child restraint manufacturers are also requires safety belts to be labeled with perforated into two-parts (see Figures 1 required to provide a printed the year of manufacture, the model, and and 2). The top part contains a message instructions brochure with step-by-step the name or trademark of the and suitable instructions to be retained information on how the restraint is to be manufacturer. Additionally, by the purchaser. The bottom part is to used. Without proper use, the replacement safety belts that are for use be returned to the manufacturer by the effectiveness of these systems is greatly only in specifically stated motor vehicles must have labels or purchaser. The bottom part includes diminished. Each child restraint system accompanying instruction sheets to prepaid return postage, the pre-printed must also have a permanent label. A specify the applicable vehicle models name/address of the manufacturer, the permanently attached label gives and seating positions. All other pre-printed model and date of ‘‘quicklook’’ information on whether the replacement belts are required to be manufacture, and spaces for the restraint meets the safety requirements, accompanied by an installation purchaser to fill in his/her name and recommended installation and use, and instruction sheet. Part 567, address. Optionally, child restraint warnings against misuse. ‘‘Certification,’’ requires each manufacturers are permitted to add to Affected Public: Business, individuals manufacturer or distributor of motor the registration form: (a) Specified and households. Estimated Total Annual Burden: vehicles to furnish to the dealer, or statements informing CRS owners that distributor of the vehicle, a certification they may register online; (b) the Internet 265,500 hours. (2) Title: Consolidated Labeling that the vehicle meets all applicable address for registering with the FMVSS. This certification is required to company; (c) revisions to statements Requirements for Motor Vehicles (Except the VIN). be in the form of a label permanently reflecting use of the Internet to register; affixed to the vehicle. and (d) a space for the consumer’s e- OMB Control Number: 2127–0512. Type of Request: Revised Collection. This notice seeks to approve the mail address. For those CRS owners registration and labeling requirements of with access to the Internet, online Abstract: Because of the similarities in the collections of information, these FMVSS and regulations. Also, this registration may be a preferred method notice seeks to correct errors that were of registering a CRS. NHTSA seeks to combine the provisions of the existing collection for glazing made in the previous notice on the In addition to the registration card estimated total annual burden hours and supplied by the manufacturer, NHTSA materials into a collection for labeling information for five other Federal motor costs. In the previous notice, NHTSA has implemented a CRS registration estimated that all manufacturers will system to assist those individuals who vehicle safety standards (OMB control numbers 2127–0038, ‘‘49 CFR 571.205, need a total of 73,071 annual burden have either lost the registration card that hours to comply with the requirements came with the CRS or purchased a Glazing Materials,’’ and 2127–0512, ‘‘Consolidated Labeling Requirements of the combined collections, at a total previously owned CRS. Upon the annual cost of $1,096,065. These owner’s request, NHTSA provides a 1 http://www.nhtsa.dot.gov/staticfiles/DOT/ estimates ignore the hours needed for substitute registration form that can be NHTSA/Vehicle%20Safety/Articles/ glazing manufacturers to obtain an obtained either by mail or from the Associated%20Files/csregfrm.pdf. approved identification number and

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develop stencils for marking each piece ADDRESSES: Send comments, within 30 clarity of the information to be of vehicle glazing. Additionally, the days, to the Office of Information and collected; and ways to minimize the total annual cost was derived at an Regulatory Affairs, Office of burden of the collection of information hourly rate of $15 instead of $20, which Management and Budget, 725–17th on respondents, including the use of is more appropriate given the required Street, NW., Washington, DC 20503, automated collection techniques or duties specified for the collections. To Attention NHTSA Desk Officer. other forms of information technology. correct the error, an additional 1,066 Comments are invited on: Whether A Comment to OMB is most effective if burden hours are added which increases the proposed collection of information OMB receives it within 30 days of the estimated total annual burden to is necessary for the proper performance publication. 74,137 hours and the total annual cost of the functions of the Department, Issued in Washington, DC, on: October 31, including whether the information will to $1,482,740 (calculated at a rate of $20 2007. per hour). have practical utility; the accuracy of Affected Public: Business. the Departments estimate of the burden Stephen R. Kratzke, Estimated Total Annual Burden: of the proposed information collection; Associate Administrator for Rulemaking. 74,137 hours. ways to enhance the quality, utility and BILLING CODE 4910–59–P

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[FR Doc. E7–21758 Filed 11–5–07; 8:45 am] BILLING CODE 4910–59–P

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DEPARTMENT OF TRANSPORTATION system and an unauthorized vehicle SKIS has become inoperative, the start telltale light. security indicator will stay on solid. If National Highway Traffic Safety Chrysler stated that the (SKIS) the SKREEM detects an invalid key or Administration prevents the engine from running for if a key transponder-related fault exists, more than 2 seconds unless a valid the security indicator will flash. Petition for Exemption From the electronically encoded key is in the Each ignition key used in the SKIS Federal Motor Vehicle Theft Prevention ignition switch. The immobilizer feature has an integral transponder chip Standard; Chrysler is activated when the key is removed included on the circuit board beneath AGENCY: National Highway Traffic from the ignition switch whether the the cover of the integral Remote Keyless Safety Administration (NHTSA), vehicle doors are open or closed. Once Entry (RKE) transmitter. In addition to Department of Transportation (DOT). activated, only a valid key inserted into having to be cut to match the the ignition switch will disable mechanical coding of the ignition lock ACTION: Grant of petition for exemption. immobilization and allow the vehicle to cylinder and programmed for operation SUMMARY: This document grants in full start and continue to run. The SKIS has of the RKE system, each new Sentry Key the Chrysler, LLC, (Chrysler) petition for a visual telltale located in the vehicle has a unique transponder identification exemption of the Jeep Wrangler vehicle ElectroMechanical Instrument Cluster code that is permanently programmed line in accordance with 49 CFR part (EMIC). The components performing the into it by the manufacturer, and which 543, Exemption from the Theft immobilizer function in the SKIS are the must be programmed into the SKREEM Prevention Standard. This petition is Sentry Key Remote Entry Module to be recognized by the SKIS as a valid granted because the agency has (SKREEM), the Powertrain Control key. Once a Sentry Key has been determined that the antitheft device to Module (PCM), and the Sentry Key. The programmed to a particular vehicle, it be placed on the line as standard ElectroMechanical Instrument Cluster cannot be used on any other vehicle. equipment is likely to be as effective in (EMIC) controls the telltale function Chrysler stated that the proposed reducing and deterring motor vehicle only. antitheft device does not provide any theft as compliance with the parts- Chrysler also stated that the SKREEM visible or audible indication of marking requirements of the Theft is the primary component of the SKIS unauthorized entry. Chrysler also stated Prevention Standard (49 CFR part 541). and is also the receiver for the Remote that the (SKIS) is designed to provide Keyless Entry system and the Tire passive protection against unauthorized DATES: The exemption granted by this Pressure Monitor system. When the vehicle use and that the theft data has notice is effective beginning with the ignition switch is turned to the ‘‘ON’’ indicated a decline in theft rates for 2009 model year (MY). position, the SKREEM transmits a radio vehicle lines that have been equipped FOR FURTHER INFORMATION CONTACT: Ms. frequency (RF) signal to the transponder with antitheft devices similar to that Carlita Ballard, International Policy, in the ignition key. If the response which it proposes to install on the Fuel Economy and Consumer Programs, received identifies the key as valid, the Wrangler vehicle line. The agency has NHTSA, 1200 New Jersey Avenue, SE., SKREEM sends a valid key message to concluded that the lack of a visual or Washington, DC 20590. Ms. Ballard’s PCM over the PCI data bus, and the audio alarm has not prevented these phone number is (202) 366–0846. Her PCM allows the engine to continue to antitheft devices from being effective fax number is (202) 493–2990. run. To avoid any perceived delay when protection against theft. SUPPLEMENTARY INFORMATION: In a starting the vehicle with a valid key and In addressing the specific content petition dated August 30, 2007, Chrysler to prevent unburned fuel from entering requirements of 543.6, Chrysler requested an exemption from the parts- the exhaust, the engine is permitted to provided information on the reliability marking requirements of the theft run for no more than 2 seconds if an and durability of the device, Chrysler prevention standard (49 CFR part 541) invalid key is used. If the response conducted tests based on its own for the Jeep Wrangler vehicle line, identifies the key as invalid, or if no specified standards and stated its belief beginning with MY 2009. The petition response is received from the key that the device meets the stringent requested an exemption from parts- transponder, the SKREEM sends an performance standards prescribed. marking requirements pursuant to 49 invalid key message to the PCM. The Specifically, Chrysler stated that its CFR part 543, Exemption from Vehicle PCM will disable engine operation (after device must demonstrate a minimum of Theft Prevention Standard, based on the the initial 2-second run) based upon the 95 percent reliability with 90 percent installation of an antitheft device as status of the SKREEM messages. confidence. In addition to the design standard equipment for the entire Chrysler stated that only six consecutive and production validation test criteria, vehicle line. invalid vehicle start attempts are Chrysler stated that the SKIS also Under § 543.5(a), a manufacturer may allowed and all other invalid attempts undergoes a daily short term durability petition NHTSA to grant exemptions for would be locked out by preventing the test. In this test, three randomly chosen one line of its vehicle lines per year. fuel injectors from firing and disabling systems are tested for durability, once Chrysler has petitioned the agency to the starter. Only communication with a per shift at Chrysler’s production grant an exemption for its Wrangler valid key will permit the engine to start facility. Chrysler also stated that 100% vehicle line beginning with MY 2009. In and run. of its systems undergo a series of three its petition, Chrysler provided a detailed The telltale feature operates as a functional tests prior to being shipped description and diagram of the identity, security indicator in the EMIC. The from the supplier to the vehicle design, and location of the components telltale alerts the owner that an assembly plant for installation in its of the antitheft device for the new unauthorized vehicle start attempt has vehicles. vehicle line. Chrysler will install its been made. Upon an unauthorized start Chrysler stated that its actual theft antitheft device as standard equipment attempt, the telltale will flash on and off experience with Jeep Wrangler vehicles, on the MY 2009 Jeep Wrangler vehicle when the ignition switch is turned to not currently installed with an line. The antitheft device to be installed the ‘‘ON’’ position. Besides acting as a immobilizer system as standard on the MY 2009 Jeep Wrangler, the security indicator, the telltale acts as a equipment, indicates that these vehicles Sentry Key Immobilizer System (SKIS) diagnostic indicator. If the SKREEM have a theft rate significantly lower than incorporates an ignition immobilizer detects a system malfunction and/or the the 1990/1991 median theft rate of

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3.5826. Chrysler stated that NHTSA’s For the foregoing reasons, the agency DEPARTMENT OF TRANSPORTATION theft rates for the Jeep Wrangler vehicles hereby grants in full Chrysler’s petition for model years 2000, 2001, 2002, 2003 for an exemption for the MY 2009 Jeep Surface Transportation Board and 2004 are 1.9208, 2.4561, 1.9980, Wrangler vehicle line from the parts- [STB Docket No. AB–204 (Sub–No. 2X)] 1.4609 and 1.4406 respectively. Chrysler marking requirements of 49 CFR part stated that vehicles subject to the parts 541. The agency notes that 49 CFR part Cape Fear Railways, Inc.— marking requirements that subsequently 541, Appendix A–1, identifies those Abandonment Exemption—in are equipped with ignition immobilizer lines that are exempted from the Theft Cumberland County, NC systems as standard equipment indicate Prevention Standard for a given model that even lower theft rates can be year. 49 CFR 543.7(f) contains Cape Fear Railways, Inc. (CF), has expected from a vehicle equipped with publication requirements incident to the filed a notice of exemption under 49 standard ignition immobilizer systems. disposition of all part 543 petitions. CFR part 1152 subpart F—Exempt Chrysler offered the Jeep Grand Advanced listing, including the release Abandonments to abandon a 4.9-mile Cherokee vehicles as an example of of future product nameplates, the rail line, referred to as the Skibo-Fort vehicles subject to part 541 parts beginning model year for which the Bragg line, from Skibo to the southern marking requirements that subsequently petition is granted and a general border of the Fort Bragg line, also are equipped with ignition immobilizer description of the antitheft device is known as the Skibo A&R line, in systems as standard equipment. necessary in order to notify law Cumberland County, NC. The line NHTSA’s theft rates for the Jeep Grand enforcement agencies of new vehicle traverses United States Postal Service Cherokee vehicles for model years prior lines exempted from the parts-marking Zip Code 28301. to 1999 (1995 through 1998) when an requirements of the Theft Prevention CF has certified that: (1) No local immobilizer was not offered as standard Standard. traffic has moved over the line for at equipment is 5.3574, which is If Chrysler decides not to use the least 2 years; (2) there is no overhead significantly higher than the 1990/1991 exemption for this line, it must formally traffic to be rerouted over other lines; (3) median theft rate. Chrysler indicated notify the agency. If such a decision is no formal complaint filed by a user of that, since the introduction of made, the line must be fully marked as rail service on the line (or by a state or immobilizer systems as standard required by 49 CFR 541.5 and 541.6 local government entity acting on behalf equipment on the Jeep Grand Cherokee (marking of major component parts and of such user) regarding cessation of vehicles, the average theft rate for the replacement parts). service over the line either is pending MY 1999 through 2004 is 2.6713, which with the Surface Transportation Board is significantly lower than the 1990/ NHTSA notes that if Chrysler wishes in the future to modify the device on or with any U.S. District Court or has 1991 median theft rate of 3.5826. The been decided in favor of complainant Jeep Grand Cherokee vehicles were which this exemption is based, the company may have to submit a petition within the 2-year period; and (4) the granted an exemption from the parts requirements at 49 CFR 1105.7 marking requirements beginning with to modify the exemption. Part 543.7(d) states that a part 543 exemption applies (environmental reports), 49 CFR 1105.8 MY 2004 vehicles. (historic reports), 49 CFR 1105.11 On the basis of this comparison, only to vehicles that belong to a line exempted under this part and equipped (transmittal letter), 49 CFR 1105.12 Chrysler has concluded that the (newspaper publication), and 49 CFR proposed antitheft device is no less with the anti-theft device on which the line’s exemption is based. Further, 1152.50(d)(1) (notice to governmental effective than those devices installed on agencies) have been met. lines for which NHTSA has already § 543.9(c)(2) provides for the submission of petitions ‘‘to modify an exemption to As a condition to this exemption, any granted full exemption from the parts- employee adversely affected by the marking requirements. permit the use of an antitheft device abandonment shall be protected under Based on the information Chrysler has similar to but differing from the one Oregon Short Line R. Co.— provided about its device, the agency specified in that exemption.’’ concludes that the antitheft device for The agency wishes to minimize the Abandonment—Goshen, 360 I.C.C. 91 the Jeep Wrangler vehicle line is likely administrative burden that part (1979). To address whether this to be as effective in reducing and 543.9(c)(2) could place on exempted condition adequately protects affected deterring motor vehicle theft as vehicle manufacturers and itself. The employees, a petition for partial compliance with the parts-marking agency did not intend part 543 to revocation under 49 U.S.C. 10502(d) requirements of the Theft Prevention require the submission of a modification must be filed. Standard (49 CFR part 541). The agency petition for every change to the Provided no formal expression of concludes that the device will provide components or design of an antitheft intent to file an offer of financial four of the five types of performance device. The significance of many such assistance (OFA) has been received, this listed in § 543.6(a)(3): Promoting changes could be de minimis. Therefore, exemption will be effective on activation; preventing defeat or NHTSA suggests that if the December 6, 2007, unless stayed circumvention of the device by manufacturer contemplates making any pending reconsideration. Petitions to unauthorized persons; preventing stay that do not involve environmental changes the effects of which might be 1 operation of the vehicle by characterized as de minimis, it should issues, formal expressions of intent to unauthorized entrants; and ensuring the consult the agency before preparing and file an OFA under 49 CFR reliability and durability of the device. submitting a petition to modify. As required by 49 U.S.C. 33106 and 1 The Board will grant a stay if an informed Authority: 49 U.S.C. 33106; delegation of decision on environmental issues (whether raised 49 CFR 543.6(a)(4) and (5), the agency authority at 49 CFR 1.50. by a party or by the Board’s Section of finds that Chrysler has provided Issued on: October 31, 2007. Environmental Analysis (SEA) in its independent adequate reasons for its belief that the investigation) cannot be made before the antitheft device will reduce and deter Stephen R. Kratzke, exemption’s effective date. See Exemption of Out- Associate Administrator for Rulemaking. of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any theft. This conclusion is based on the request for a stay should be filed as soon as possible information Chrysler provided about its [FR Doc. E7–21756 Filed 11–5–07; 8:45 am] so that the Board may take appropriate action before antitheft device. BILLING CODE 4910–59–P the exemption’s effective date.

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1152.27(c)(2),2 and trail use/rail banking DEPARTMENT OF THE TREASURY the specified synthetic linear fatty requests under 49 CFR 1152.29 must be alcohol ethoxylate. Tax on Certain Imported Substances filed by November 16, 2007. Petitions to The petitioner is Vista Chemical (Synthetic Linear Fatty Alcohols); reopen or requests for public use Company, a manufacturer and exporter Notice of Determinations conditions under 49 CFR 1152.28 must of these substances. The following be filed by November 26, 2007, with the AGENCY: Internal Revenue Service (IRS), information is the basis for the Surface Transportation Board, 395 E Treasury. determinations. Street, SW., Washington, DC 20423– 0001. ACTION: Notice. Synthetic Linear Fatty Alcohols A copy of any petition filed with the SUMMARY: This notice announces a Synthetic linear fatty alcohols are Board should be sent to CF’s determination, under Notice 89–61, derived from the taxable chemical representative: Evelyn M. Suarez and 1989–1 C.B. 717, that the list of taxable Williams Mullen, A Professional ethylene. They are produced substances in section 4672(a)(3) will be predominantly by the Ziegler process. Corporation, 1666 K Street, NW., Suite modified to include synthetic linear 1200, Washington, DC 20006. fatty alcohols and synthetic linear fatty The stoichiometric material If the verified notice contains false or alcohol ethoxylates. consumption formula for this substance is: x(CH CH ) (ethylene) + 1/3Al misleading information, the exemption DATES: Effective Dates: This 2 2 is void ab initio. modification is effective as of July 1, (aluminum) + 1/2H2 (hydrogen) + 1/2O2 (oxygen) + H O (water) ‰ C H ∂ OH CF has filed a combined 1993, for synthetic linear fatty alcohols 2 2X 4x 1 environmental and historic report that and October 1, 1993, for synthetic linear (synthetic linear fatty alcohols) + 1/ addresses the effects, if any, of the fatty alcohol ethoxylates. 3Al(OH)3 (aluminum hydroxide). abandonment on the environment and FOR FURTHER INFORMATION CONTACT: Synthetic linear fatty alcohols have historic resources. SEA will issue an Celia Gabrysh, Office of Associate Chief been has been determined to be taxable environmental assessment (EA) by Counsel (Passthroughs and Special substances because a review of the November 9, 2007. Interested persons Industries), 202–622–3130 (not a toll- stoichiometric material consumption may obtain a copy of the EA by writing free number). formula shows that, based on the to SEA (Room 1100, Surface SUPPLEMENTARY INFORMATION: predominant method of production, Transportation Board, Washington, DC taxable chemicals constitute at least 50 20423–0001) or by calling SEA, at (202) Background percent by weight of the materials used 245–0305. [Assistance for the hearing Under section 4672(a), an importer or in its production. impaired is available through the exporter of any substance may request Synthetic Linear Fatty Alcohol Federal Information Relay Service that the Secretary determine whether (FIRS) at 1–800–877–8339.] Comments the substance should be listed as a Ethoxylates on environmental and historic taxable substance. The Secretary shall preservation matters must be filed Synthetic linear fatty alcohol add the substance to the list of taxable ethoxylates are predominately produced within 15 days after the EA becomes substances in section 4672(a)(3) if the available to the public. by base catalyzed ethoxylation of Secretary determines that taxable synthetic linear alcohols with ethylene Environmental, historic preservation, chemicals constitute more than 50 oxide. public use, or trail use/rail banking percent of the weight, or more than 50 conditions will be imposed, where percent of the value, of the materials The stoichiometric material appropriate, in a subsequent decision. used to produce the substance. This consumption formula for this substance is: x(CH CH (ethylene) + 1/3Al Pursuant to the provisions of 49 CFR determination is to be made on the basis 2 2

1152.29(e)(2), CF shall file a notice of of the predominant method of (aluminum) + 1/2H2 (hydrogen) + 1/2O2 production. Notice 89–61, 1969–1 C.B. (oxygen) + H2O (water) + y(CH2CH2) consummation with the Board to signify → that it has exercised the authority 717, sets forth the rules relating to the (ethylene) + y/2O2 (oxygen) granted and fully abandoned the line. If determination process. C2XH4x∂1O(CH2CH2O)yH (synthetic linear fatty alcohol ethoxylates) + 1/ consummation has not been effected by Determinations CF’s filing of a notice of consummation 3Al(OH)3 (aluminum hydroxide). On October 19, 2007, the Secretary by November 6, 2008, and there are no Synthetic linear fatty alcohol determined that synthetic linear fatty legal or regulatory barriers to ethoxylates have been has been alcohols and synthetic linear fatty consummation, the authority to determined to be taxable substances abandon will automatically expire. alcohol ethoxylates should be added to the list of taxable substances in section because a review of the stoichiometric Board decisions and notices are 4672(a)(3) of the Internal Revenue Code, material consumption formula shows available on our Web site at http:// effective as of July 1, 1993, and October that, based on the predominant method www.stb.dot.gov. 1, 1993, respectively. of production, taxable chemicals Decided: October 29, 2007. The rate of tax prescribed for constitute at least 50 percent by weight By the Board, David M. Konschnik, synthetic linear fatty alcohols will be of the materials used in its production. Director, Office of Proceedings. based on the rate of tax for ethylene Frank Boland, Vernon A. Williams, ($4.87 per ton) multiplied by the Chief, Branch 7, Office of Associate Chief conversion factor for ethylene for the Secretary. Counsel (Passthroughs & Special Industries). specified synthetic linear fatty alcohol. [FR Doc. E7–21708 Filed 11–5–07; 8:45 am] [FR Doc. E7–21754 Filed 11–5–07; 8:45 am] BILLING CODE 4915–01–P The rate of tax prescribed for synthetic linear fatty alcohol ethoxylates BILLING CODE 4830–01–P 2 Each OFA must be accompanied by the filing will be based on the rate of tax for fee, which currently is set at $1,300. See 49 CFR ethylene ($4.87 per ton) multiplied by 1002.2(f)(25). the conversion factor for ethylene for

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DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY DEPARTMENT OF VETERANS AFFAIRS Internal Revenue Service Internal Revenue Service [OMB Control No. 2900–0095]

Advisory Group to the Commissioner Information Reporting Program Agency Information Collection of Internal Revenue; Renewal of Advisory Committee; Renewal of Activities Under OMB Review Charter Charter AGENCY: Veterans Benefits AGENCY: Internal Revenue Service (IRS), AGENCY: Internal Revenue Service (IRS), Administration, Department of Veterans Treasury. Treasury. Affairs. ACTION: Notice. ACTION: Notice. ACTION: Notice. SUMMARY: In compliance with the SUMMARY: The Charter for the Internal SUMMARY: The Charter for the Paperwork Reduction Act (PRA) of 1995 Revenue Service Advisory Council Information Reporting Program (44 U.S.C. 3501–3521), this notice (IRSAC) will renew for a two-year Advisory Committee will renew for a announces that the Veterans Benefits period beginning November 2, 2007. two-year period beginning November 2, Administration (VBA), Department of 2007. Veterans Affairs, has submitted the FOR FURTHER INFORMATION CONTACT: Ms. collection of information abstracted Lorenza Wilds, National Public Liaison, FOR FURTHER INFORMATION CONTACT: Ms. below to the Office of Management and 202–622–6440 (not a toll-free number). Caryl Grant, National Public Liaison, Budget (OMB) for review and comment. 202–927–3641 (not a toll-free number). SUPPLEMENTARY INFORMATION: Notice is The PRA submission describes the hereby given under section 10(a) (2) of SUPPLEMENTARY INFORMATION: Notice is nature of the information collection and the Federal Advisory Committee Act, 5 hereby given under section 10(a)(2) of its expected cost and burden; it includes the actual data collection instrument. U.S.C. App. (1988), and with the the Federal Advisory Committee Act, 5 approval of the Secretary of the U.S.C. App. (1988), and with the DATES: Comments must be submitted on or before December 6, 2007. Treasury to announce the renewal of the approval of the Secretary of the Internal Revenue Service Advisory Treasury to announce the renewal of the ADDRESSES: Submit written comments Council (IRSAC). The primary purpose Information Reporting Program on the collection of information through www.Regulations.gov or to VA’s OMB of the Advisory Council is to provide an Advisory Committee (IRPAC). The Desk Officer, OMB Human Resources organized public forum for senior primary purpose of the Advisory and Housing Branch, New Executive Internal Revenue Service executives and Committee is to provide an organized Office Building, Room 10235, representatives of the public to discuss public forum for discussion of relevant Washington, DC 20503 (202) 395–7316. relevant tax administration issues. As an information reporting issues of mutual Please refer to ‘‘OMB Control No. 2900– advisory body designed to focus on concern as between Internal Revenue 0095’’ in any correspondence. broad policy matters, the IRSAC reviews Service (‘‘IRS’’) officials and FOR FURTHER INFORMATION CONTACT: existing tax policy and/or makes representatives of the public. Advisory Denise McLamb, Records Management recommendations with respect to committee members convey the public’s Service (005R1B), Department of emerging tax administration issues. The perception of IRS activities, advise with Veterans Affairs, 810 Vermont Avenue, IRSAC suggests operational respect to specific information reporting NW., Washington, DC 20420, (202) 461– improvements, offers constructive administration issues, provide 7485, FAX (202) 273–0443 or e-mail observations regarding current or constructive observations regarding [email protected]. Please proposed IRS policies, programs, and current or proposed IRS policies, refer to ‘‘OMB Control No. 2900–0095.’’ procedures, and suggest improvements programs, and procedures, and propose SUPPLEMENTARY INFORMATION: with respect to issues having significant improvements in information Title: Pension Claim Questionnaire for substantive effect on federal tax reporting operations and the Farm Income, VA Form 21–4165. administration. Conveying the public’s Information Reporting Program. OMB Control Number: 2900–0095. perception of IRS activities to Internal Members are comprised of a diverse Type of Review: Extension of a Revenue Service executives, the IRSAC group of dedicated and talented currently approved collection. Abstract: VA Form 21–4165 is used to is comprised of individuals who bring professionals who bring substantial gather information necessary to substantial, disparate experience and disparate experience and backgrounds determine a claimant’s countable annual diverse backgrounds. Membership is to the Committee activities. Membership income and available assets due to farm balanced to include representation from is balanced to include representation operations. Farm income is not the taxpaying public, the tax from the taxpaying public, the tax necessarily received on a weekly or professional community, small and professional community, small and monthly basis, and farm operating large businesses, state tax large businesses, state tax expenses must be considered in administration, and the payroll administrators, academics, preparers, determining a claimant’s eligibility to community. and the payroll community. income-based benefits. Dated: October 26, 2007. Dated: October 30, 2007. An agency may not conduct or sponsor, and a person is not required to Chris Neighbor, Cynthia A. Vanderpool, respond to a collection of information Branch Chief, National Public Liaison. Branch Chief, National Public Liaison. unless it displays a currently valid OMB [FR Doc. E7–21703 Filed 11–5–07; 8:45 am] [FR Doc. E7–21764 Filed 11–5–07; 8:45 am] control number. The Federal Register BILLING CODE 4830–01–P BILLING CODE 4830–01–P Notice with a 60-day comment period soliciting comments on this collection of information was published on August 22, 2007, at page 47128.

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Affected Public: Individuals or Titles e. Request for Payment of Beneficiary households, and farms. a. Claim for Payment of Cost of Travel after the Date of Service—417. Estimated Average Burden Per Estimated Annual Burden: 1,038 Unauthorized Medical Services, VA hours. Respondent: Form 10–583. a. VA Form 10–583—15 minutes. Estimated Average Burden per b. Funeral Arrangements Form for b. VA Form 10–2065—5 minutes. Respondent: 30 minutes. Disposition of Remains of the Deceased, c. VA Form 10–2511—2 minutes. Frequency of Response: Annually. VA Form 10–2065. d. VA Form 10–7078—2 minutes. Estimated Number of Respondents: c. Authority and Invoice for Travel by e. Request for Payment of Beneficiary 2,075. Ambulance or Other Hired Vehicle, VA Travel after the Date of Service—1 Form 10–2511. minute. Dated: October 30, 2007. d. Authorization and Invoice for Frequency of Response: On occasion. By direction of the Secretary. Medical and Hospital Services, VA Estimated Number of Respondents: Denise McLamb, Form 10–7078. 440,380. Program Analyst, Records Management e. Request for Payment of Beneficiary a. VA Form 10–583—68,750 Service. Travel after the Date of Service. respondents. [FR Doc. E7–21770 Filed 11–5–07; 8:45 am] OMB Control Number: 2900–0080. b. VA Form 10–2065—24,630 BILLING CODE 8320–01–P Type of Review: Revision of a respondents. currently approved collection. c. VA Form 10–2511—70,000 respondents. DEPARTMENT OF VETERANS Abstract d. VA Form 10–7078—252,000 AFFAIRS a. VA Form 10–583 is used to request respondents. payment or reimbursement of the cost of e. Request for Payment of Beneficiary Travel after the Date of Service—25,000. [OMB Control No. 2900–0080] unauthorized non-VA medical services. b. VA Form 10–2065 is completed by Dated: October 30, 2007. Agency Information Collection VA personnel during an interview with By direction of the Secretary. Activities Under OMB Review relatives of the deceased, and to identify Denise McLamb, the funeral home to which the remains Program Analyst, Records Management AGENCY: Veterans Health are to be released. The form is also used Service. Administration, Department of Veterans as a control document when VA is [FR Doc. E7–21771 Filed 11–5–07; 8:45 am] Affairs. requested to arrange for the BILLING CODE 8320–01–P ACTION: Notice. transportation of the deceased from the place of death to the place of burial, SUMMARY: In compliance with the and/or when burial is requested in a DEPARTMENT OF VETERANS Paperwork Reduction Act (PRA) of 1995 National Cemetery. AFFAIRS c. VA Form 10–2511 is used to (44 U.S.C. 3501–3521), this notice [OMB Control No. 2900–0055] announces that the Veterans Health process payment for ambulance or other Administration (VHA), Department of hired vehicular forms of transportation Proposed Information Collection Veterans Affairs, has submitted the for eligible veterans to and from VA Activity: Proposed Collection; collection of information abstracted health care facilities for examination, Comment Request below to the Office of Management and treatment or care. Budget (OMB) for review and comment. d. VA uses VA Form 10–7078 to AGENCY: Veterans Benefits The PRA submission describes the authorize expenditures from the Administration, Department of Veterans nature of the information collection and medical care account and process Affairs. its expected cost and burden and payment of medical and hospital ACTION: Notice. includes the actual data collection services provided by other than Federal SUMMARY: The Veterans Benefits instrument. health providers to VA beneficiaries. e. Claimants who request payment for Administration (VBA), Department of DATES: Comments must be submitted on beneficiary travel after the time of Veterans Affairs (VA), is announcing an or before December 6, 2007. service may do so in writing or in opportunity for public comment on the proposed collection of certain ADDRESSES: Submit written comments person. information by the agency. Under the on the collection of information through An agency may not conduct or Paperwork Reduction Act (PRA) of www.Regulations.gov; or to VA’s OMB sponsor, and a person is not required to 1995, Federal agencies are required to Desk Officer, OMB Human Resources respond to a collection of information publish notice in the Federal Register and Housing Branch, New Executive unless it displays a currently valid OMB concerning each proposed collection of Office Building, Room 10235, control number. The Federal Register information, including each proposed Washington, DC 20503 (202) 395–7316. Notice with a 60-day comment period extension of a currently approved Please refer to ‘‘OMB Control No. 2900– soliciting comments on this collection collection, and allow 60 days for public 0080’’ in any correspondence. of information was published on August 29, 2007 at pages 49758–49759. comment in response to the notice. This FOR FURTHER INFORMATION CONTACT: Affected Public: Business or other for notice solicits comments on information Denise McLamb, Records Management profit, Individuals or households, and needed to determine surviving spouse of Service (005R1B), Department of not for profit institutions. a veteran eligibility for a VA home loan. Veterans Affairs, 810 Vermont Avenue, Estimated Total Annual Burden: DATES: Written comments and NW., Washington, DC 20420, (202) 461– 30,391 hours. recommendations on the proposed 7485, fax (202) 273–0443 or e-mail a. VA Form 10–583—17,188. collection of information should be [email protected]. Please b. VA Form 10–2065—2,053. received on or before January 7, 2008. refer to ‘‘OMB Control No. 2900–0080.’’ c. VA Form 10–2511—2,333. ADDRESSES: Submit written comments SUPPLEMENTARY INFORMATION: d. VA Form 10–7078—8,400. on the collection of information through

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www.Regulations.gov or to Nancy J. By direction of the Secretary. or sponsor. This request for comment is Kessinger, Veterans Benefits Denise McLamb, being made pursuant to Section Administration (20M35), Department of Program Analyst, Records Management 3506(c)(2)(A) of the PRA. Veterans Affairs, 810 Vermont Avenue, Service. With respect to the following NW., Washington, DC 20420 or e-mail to [FR Doc. E7–21780 Filed 11–5–07; 8:45 am] collection of information, VBA invites [email protected]. Please refer to BILLING CODE 8320–01–P comments on: (1) Whether the proposed ‘‘OMB Control No. 2900–0055’’ in any collection of information is necessary correspondence. During the comment period, comments may be viewed online DEPARTMENT OF VETERANS for the proper performance of VBA’s through the Federal Docket Management AFFAIRS functions, including whether the System (FDMS) at www.Regulations.gov. information will have practical utility; [OMB Control No. 2900–0704] (2) the accuracy of VBA’s estimate of the FOR FURTHER INFORMATION CONTACT: burden of the proposed collection of Proposed Information Collection Nancy J. Kessinger at (202) 461–9769 or information; (3) ways to enhance the Fax (202) 275–5947. Activity: Proposed Collection; Comment Request quality, utility, and clarity of the SUPPLEMENTARY INFORMATION: Under the information to be collected; and (4) PRA of 1995 (Pub. L. 104–13; 44 U.S.C. AGENCY: Veterans Benefits ways to minimize the burden of the 3501–3521), Federal agencies must Administration, Department of Veterans collection of information on obtain approval from the Office of Affairs. respondents, including through the use Management and Budget (OMB) for each ACTION: Notice. of automated collection techniques or collection of information they conduct the use of other forms of information SUMMARY: The Veterans Benefits or sponsor. This request for comment is technology. being made pursuant to Section Administration (VBA), Department of 3506(c)(2)(A) of the PRA. Veterans Affairs (VA), is announcing an Title: VA/DOD Joint Disability With respect to the following opportunity for public comment on the Evaluation Board Claim, VA Form 21– collection of information, VBA invites proposed collection of certain 0819. comments on: (1) Whether the proposed information by the agency. Under the OMB Control Number: 2900–0704. collection of information is necessary Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to Type of Review: Extension of a for the proper performance of VBA’s currently approved collection. functions, including whether the publish notice in the Federal Register information will have practical utility; concerning each proposed collection of Abstract: As a result of President (2) the accuracy of VBA’s estimate of the information, including, including each Bush’s Interagency Task Force on burden of the proposed collection of proposed extension of a currently Returning Global War on Terror Heroes, information; (3) ways to enhance the approved collection and allow 60 days VA and the Department of Defense quality, utility, and clarity of the for public comment in response to the (DOD) have agreed to develop a joint information to be collected; and (4) notice. This notice solicits comments on process in which Global War on Terror ways to minimize the burden of the information needed to determine a (GWOT) service members are evaluated collection of information on service member’s eligibility for to assign disability ratings, which will respondents, including through the use participation in a joint DOD/VA be used to determine military retention, of automated collection techniques or Disability Evaluation Board and VA level of disability for retirement, and VA the use of other forms of information compensation after separation from disability compensation. VA Form 21– technology. service. 0819 will be used to gather the Title: Request for Determination of DATES: Written comments and necessary information to determine the Loan Guaranty Eligibility—Unmarried recommendations on the proposed service member’s eligibility for Surviving Spouses, VA Form 26–1817. collection of information should be participation in a joint DOD/VA OMB Control Number: 2900–0055. received on or before January 7, 2008. Disability Evaluation Board and VA Type of Review: Extension of a ADDRESSES: Submit written comments compensation after separation from currently approved collection. on the collection of information through service. www.Regulations.gov or to Nancy J. Abstract: Unmarried surviving spouse Affected Public: Individuals or Kessinger, Veterans Benefits of a veteran whose death occurred while households. serving on active duty or was a direct Administration (20M35), Department of Estimated Annual Burden: 7,000 result of service-connected disabilities Veterans Affairs, 810 Vermont Avenue, completes VA Form 26–1817 to request NW., Washington, DC 20420 or e-mail to hours. a certificate of eligibility for home loan [email protected]. Please refer to Estimated Average Burden Per benefits. VA uses the data collected to ‘‘OMB Control No. 2900–0704’’ in any Respondent: 30 minutes. correspondence. During the comment verify the veteran’s service-connected Frequency of Response: On occasion. death and to determine the applicant’s period, comments may be viewed online eligibility for home loan benefits. through the Federal Docket Management Estimated Number of Respondents: System (FDMS) at www.Regulations.gov. 14,000. Affected Public: Individuals or households. FOR FURTHER INFORMATION CONTACT: Dated: October 30, 2007. Nancy J. Kessinger at (202) 461–9769 or Estimated Annual Burden: 250 hours. By direction of the Secretary. Fax (202) 275–5947. Estimated Average Burden Per Denise McLamb, SUPPLEMENTARY INFORMATION: Under the Respondent: 15 minutes. PRA of 1995 (Pub. L.104–13; 44 U.S.C. Program Analyst, Records Management Frequency of Response: On occasion. 3501–3521), Federal agencies must Service. Estimated Number of Respondents: obtain approval from the Office of [FR Doc. E7–21781 Filed 11–5–07; 8:45 am] 1,000. Management and Budget (OMB) for each BILLING CODE 8320–01–P Dated: October 30, 2007. collection of information they conduct

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DEPARTMENT OF VETERANS and Housing Branch, New Executive and the degree of satisfaction for the five AFFAIRS Office Building, Room 10235, mental health diagnoses across the Washington, DC 20503 (202) 395–7316. continuum of care, and, when [OMB Control No. 2900–New (EVHAMHS)] Please refer to ‘‘OMB Control 2900–New performance falls short, to develop Agency Information Collection (EVHAMHS)’’ in any correspondence. recommendations for improvements. Activities Under OMB Review FOR FURTHER INFORMATION CONTACT: An agency may not conduct or Denise McLamb, Initiative Coordination sponsor, and a person is not required to AGENCY: Office of Policy, Planning and Service (005R1B), Department of respond to a collection of information Preparedness, Department of Veterans Veterans Affairs, 810 Vermont Avenue, unless it displays a currently valid OMB Affairs. NW., Washington, DC 20420, (202) 461– control number. The Federal Register ACTION: Notice. 7485, fax (202) 273–0443 or e-mail Notice with a 60-day comment period [email protected]. Please soliciting comments on this collection SUMMARY: In compliance with the refer to ‘‘OMB Control No. 2900–New of information was published on August Paperwork Reduction Act (PRA) of 1995 (EVHAMHS)’’. 22, 2007, at pages 47127–47128. (44 U.S.C. 3501–3521), this notice announces that the Office of Policy, SUPPLEMENTARY INFORMATION: Affected Public: Individuals or Planning and Preparedness (OPP&P), Title: Evaluation of Veterans Health households. Department of Veterans Affairs, has Administration Mental Health Services. Estimated Total Annual Burden: OMB Control Number: 2900–New submitted the collection of information 4,109 hours. (EVHAMHS). as abstracted below to the Office of Type of Review: New collection. Estimated Average Burden Per Management and Budget (OMB) for Abstract: VA will use the data Respondent: 30 minutes. review and comment. The PRA collected to assess the achievement of Frequency of Response: One-time. submission describes the nature of the Veterans Health Administration information collection and its expected Estimated Number of Respondents: program outcomes in the area of mental 8,218. cost and burden; it includes the actual health services for schizophrenia, data collection instrument. bipolar disorder, post-traumatic stress Dated: October 30, 2007. DATES: Comments must be submitted on disorder, major depression, and By direction of the Secretary. or before December 6, 2007. substance use disorders, as well as the Denise McLamb, ADDRESSES: Submit written comments implementation and impact of the Program Analyst, Records Management on the collection of information through Mental Health Strategic Plan. The data Service. www.Regulations.gov; or to VA’s OMB will assist the VA in determining the [FR Doc. E7–21783 Filed 11–5–07; 8:45 am] Desk Officer, OMB Human Resources type, level, and quality of care provided, BILLING CODE 8320–01–P

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Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Critical Habitat Revised Designation for the Cape Sable Seaside Sparrow; Final Rule

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DEPARTMENT OF THE INTERIOR with the Act by issuing the finding and of critical habitat for the sparrow and 20 was exercising reasonable discretion in opposed the designation. Fifteen Fish and Wildlife Service postponing developing a proposed rule commenters provided suggestions or to revise critical habitat (Biodiversity information, but did not indicate 50 CFR Part 17 Legal Foundation v. Norton, 285 F. support or opposition to the critical Supp. 2d (D.D.C. 2003)), but ordered the habitat designation. Comments received RIN 1018–AV79 Service to specify a date on which we were grouped into 70 issues specifically Endangered and Threatened Wildlife would begin work on a rule to revise relating to the proposed critical habitat and Plants; Critical Habitat Revised critical habitat for the Cape Sable designation for the sparrow, and are Designation for the Cape Sable seaside sparrow and estimate how long addressed in the following summary Seaside Sparrow the process would take. The Service and incorporated into the final rule as provided a proposed schedule for appropriate. AGENCY: Fish and Wildlife Service, revision of critical habitat to the Court, Peer Review Interior. and on December 31, 2003, the Court ACTION: Final rule. embodied the Service’s proposed In accordance with our policy timeframe in a Court Order, directing published on July 1, 1994 (59 FR SUMMARY: We, the U.S. Fish and the Service to complete the critical 34270), we made formal requests for Wildlife Service (Service), are revising habitat rule no later than October 24, peer reviewers from the Florida Fish the designation of critical habitat for the 2007. For more information on previous and Wildlife Conservation Commission endangered Cape Sable seaside sparrow Federal actions concerning the Cape (FWC), the South Florida Water (Ammodramus maritimus mirabilis) Sable seaside sparrow, refer to the Management District (SFWMD), and the under the Endangered Species Act of proposed critical habitat designation Miccosukee Tribe of Indians of Florida. 1973, as amended (Act). In total, published in the Federal Register on As a result, we solicited expert opinions approximately 84,865 acres (ac) (34,344 October 31, 2006 (71 FR 63980), and in from nine knowledgeable individuals hectares (ha)) fall within the boundaries our notice of availability of the draft with scientific expertise that included of the designation. The critical habitat is economic analysis of the proposed sparrow biology, conservation biology, located in Miami-Dade County, Florida. revised critical habitat published on endangered species issues, hydrology, and/or Everglades restoration. We DATES: This rule becomes effective on August 17, 2007 (72 FR 46189). December 6, 2007. received responses from five of these Summary of Comments and experts. Four of the peer reviewers FOR FURTHER INFORMATION CONTACT: Recommendations generally concurred with our methods Tylan Dean, South Florida Ecological We requested written comments from and conclusions, and provided Services Office (see ADDRESSES); the public on the proposed designation additional information, clarifications, telephone 772–562–3909; facsimile of critical habitat for the sparrow in the and suggestions to improve the final 772–562–4288. Persons who use a proposed rule published (71 FR 63980), critical habitat rule. One of the peer telecommunications device for the deaf and again in the notice of availability reviewers was not in agreement with (TDD) may call the Federal Information (72 FR 46189). On both occasions, we our methods or conclusions. Peer Relay Service (FIRS) at 800–877–8339, 7 contacted appropriate Federal, State, reviewer comments are addressed in the days a week and 24 hours a day. and local agencies; Tribal interests; following summary and incorporated SUPPLEMENTARY INFORMATION: species’ experts; and other interested into the final rule as appropriate. parties and invited them to comment on Background We reviewed all comments received the proposed rule. One public hearing from the peer reviewers and the public It is our intent to discuss only topics was held on August 29, 2007, in for substantive issues and new directly relevant to the revised Homestead, Florida during the second information regarding critical habitat for designation of critical habitat in this comment period. the sparrow, and addressed them in the rule. For more information on the Cape During the first comment period that following summary. Sable seaside sparrow, please refer to opened on October 31, 2006, and closed the South Florida Multi-species on January 2, 2007, we received Peer Reviewer Comments Recovery Plan, available at the South comments from 16 entities that directly (1) Comment: Critical habitat should Florida Ecological Services Web site addressed the proposed critical habitat include all locations occupied during http://www.fws.gov/verobeach, and the designation: 5 from peer reviewers, 1 point count surveys, because specific proposed rule to designate critical from a Tribe, 2 from State and local locations may be contiguous with the habitat published in the Federal governmental agencies, and 8 from larger meta population and Register on October 31, 2006 (71 FR organizations or individuals. We subsequently essential to the 63980). received 3 requests for a public hearing, conservation of the sparrow. all from entities in the Miami-Dade Connectivity between occupied Previous Federal Actions County, Florida, area. During the second locations is extremely important. On December 20, 2000, Biodiversity comment period that opened on August Our Response: Critical habitat Legal Foundation filed a lawsuit in the 17, 2007, and closed on September 17, designation does not include all areas U.S. District Court for the District of 2007, including the public hearing, we that may be used by sparrows or all Columbia alleging that the Service had received comments from 28 entities that areas that are important to sparrows. not complied with the Act by failing to directly addressed the proposed critical The units proposed for designation issue a 12-month finding as to how it habitat designation and/or the draft focused on areas that contain physical planned to proceed with the petitioned economic analysis: 1 from a peer and biological features in the spatial revision to critical habitat and that the reviewer, 2 from Federal agencies, 2 arrangement and quantity that are revision was withheld or unreasonably from a Tribe, 4 from State and local essential to the conservation of the delayed under the Administrative governmental agencies, and 19 from sparrow that require special Procedure Act (5 U.S.C. 551 et seq.). The organizations or individuals. Nine management consideration or Court ruled that the Service complied commenters supported the designation protection. Additionally, areas not

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known to be occupied by sparrows that (4) Comment: Unit 2 should be sparrow where it is entirely extirpated may serve to maintain connectivity included in the designation as it from those units and determined that among disjunct units are not readily provides the only area of what historic doing so is not essential for its identifiable, and we do not currently evidence suggests was an important conservation. possess information about the habitat habitat type for the Cape Sable seaside (6) Comment: Where are the 100,000 characteristics necessary to support sparrow. acres that are proposed to be eliminated movement by sparrows. Consequently, Our Response: Upon further from critical habitat and what is the we cannot make the determination evaluation of the proposed critical justification for their removal? required by the Act to designate habitat designation, we have found that Our Response: The revised critical unoccupied habitat, that the area is the benefits of excluding Unit 2 habitat is not based on the previous essential to the conversation of the outweigh the benefits of inclusion and designation, and all areas of potential species. Therefore, such areas are not that such exclusion will not result in the sparrow habitat were considered equally designated as critical habitat. See extinction of the species. Therefore, we when developing this final designation. ‘‘Critical Habitat’’ section below for have excluded Unit 2 from critical The critical habitat boundaries in the additional information on the methods habitat. See ‘‘Application of section 1977 designation were based on section- and criteria for designating critical (4)(b)(2) of the Act’’ below for further township-range boundaries, and only habitat and the regulatory protections explanation. delineated relatively large, general areas for areas designated as critical habitat, (5) Comment: Cordgrass marshes within which sparrows were known to as well as areas outside of the should be designated as critical habitat occur at that time. Consequently, many designation that may be important to the to protect them for possible future areas originally designated were never species. reestablishment of sparrow populations. Cape Sable seaside sparrow habitat, (2) Comment: Specific information on Our Response: There are two areas such as forested areas of Long Pine Key what constitutes a typical sparrow within the range of the Cape Sable in Everglades National Park, dwarf territory within the marl prairie habitat seaside sparrow (Cape Sable and cypress forests (also Everglades National type and a broad mention (based on Ochopee) that contain cordgrass that are Park), deep water slough communities, Werner (1975) and Pimm et al. 2002) of no longer occupied by sparrows. The and agricultural areas. These areas, the special foraging microhabitat patch- first area is the sparrow habitat in Cape therefore, are not being proposed for type used by Cape Sable seaside Sable which has been changing inclusion in the revised critical habitat sparrows should be included along with significantly from cordgrass marshes to designation, and we have instead sought comments on nest sites. mangroves and mud flats since a 1935 to accurately delineate only the specific Our Response: We agree that specific hurricane, and sparrows are considered areas that were important to sparrows in information on what constitutes a to have been extirpated from this area the proposed revision. Differences may ‘‘typical’’ territory, or information on since 1981 (Kushlan and Bass 1983, p. be reviewed by comparing the detailed microhabitat characteristics of 142). The second area is Ochopee, for boundaries identified in this rule and in foraging or nesting sites, is not which Werner (1975, p. 42) reported the 1977 (42 FR 47840) rule, and a discussed in detail. While these that habitat occupied by sparrows was general discussion of the differences is characteristics may be important to changing from cordgrass marshes to provided in the section titled ‘‘Critical sparrows, we do not think the other species, and mangroves were Habitat Designation,’’ below. information presented in the encroaching. Sparrows were extirpated (7) Comment: Several commentors publications referenced has been from this area by 1981 (Kushlan and were either for or against the decision to sufficiently confirmed across the full Bass 1983, p. 143), and there is little or include National Park Service (NPS) and breadth of area, habitats, and conditions no remaining suitable habitat in the State lands as critical habitat. occupied by sparrows to allow us to area. Our Response: We are designating characterize these features adequately. The Act provides for designating areas critical habitat on NPS and State lands We instead chose to describe the habitat that are occupied at the time of listing because these areas are within the on a broader, more general level while that contain those physical and geographical area occupied at the time discussing the functions the habitat biological features essential to the of listing that contains the features must provide (e.g., structural support for conservation of the species. The Act essential to the conservation of the nests, cover and refugia from predators, also provides for designating areas that sparrow and, which may require special foraging substrate under a variety of are unoccupied at the time of listing management considerations or hydrologic conditions). when such areas are essential for the protections. We excluded in this final (3) Comment: Designating Unit 1 as conservation of a listed species. For the decision two proposed units within NPS critical habitat is crucial and well- sparrow, an area was considered for lands (Everglades National Park (ENP) justified to protect what historically was designation as critical habitat when it and Big Cypress National Preserve a major subpopulation (A) of the Cape supports some portion of a (BCNP)), but other units within ENP Sable seaside sparrow, the restoration of subpopulation and meets either of the remain in the final designation. which recent analyses suggest is following criteria: (1) Possesses one or (8) Comment: The conclusion that the essential to recovery. more of the primary constituent designation will have no impact on Our Response: Upon further elements (PCEs) and was occupied at Tribal lands, since none are included as evaluation of the proposed critical the time of listing by sparrows, or (2) is critical habitat, can be questioned, given habitat designation, we have found that determined to be currently occupied by the inter-connectedness of land units the benefits of excluding proposed Unit the Cape Sable seaside sparrow through with the Greater Everglades Ecosystem. 1 outweigh the benefits of inclusion and annual surveys conducted during the Our Response: In the final rule, we that such exclusion will not result in the period 1981 to present. Those areas considered potential direct and indirect extinction of the species. Therefore, we where sparrows were recorded from impacts to Tribal lands and resources have excluded Unit 1 from critical 1981 to present represent the areas that that might result from designation of habitat. See ‘‘Application of section we have determined were occupied at critical habitat when weighing the (4)(b)(2) of the Act’’ below for further the time of listing of the species. We benefits of exclusion and inclusion in explanation. considered designating units for the the ‘‘Application of Section 4(b)(2) of

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the Act’’ section below. In addition, Units 1 and 2 (subpopulation A) from several peer-reviewed journal articles as potential impacts to Tribal resources final designation after determining that well as independent scientific review. were described and considered in the the benefits of excluding them from the In their 2000 review of sparrow science, economic analysis associated with the final designation outweigh the benefits Walters et al. (2000, p. 1104) indicated critical habitat designation. of inclusion (see ‘‘Application of section that ‘‘the panel views as reasonable Nott (9) Comment: Designation of Units 1 (4)(b)(2) of the Act’’ below). Regarding et al.’s (1998) conclusion that the and 2 as critical habitat would sanction water management plans and their concentrated releases of water from the artificial drying of areas in ENP and potential to damage to sparrow habitat, S–12 structures from 1992 to 1995, flooding of other areas of the Everglades the Service believes this statement is above and beyond existing water depth in perpetuity resulting in destruction of accurate. The hydrologic regime affects and seasonal rainfall, directly led to the the largest expanse of sawgrass sparrows indirectly through its effects deep-water conditions west of Shark Everglades in existence in direct on the vegetation community as detailed River Slough. These in turn probably contravention to the Comprehensive in this rule. While these effects may be caused habitat in the range of Everglades Restoration Plan (CERP). a result of natural rainfall, such effects Population A to be unsuitable for Our Response: Upon further have also been the result of water breeding, and we conclude that this evaluation of the proposed critical management plans. likely played a major role in the habitat designation, we have found that (12) Comment: The proposed rule apparent decline of Population A.’’ The the benefits of excluding Units 1 and 2 states that ‘‘From 1993 to 1995, the panel further writes that ‘‘The panel from this final designation outweigh the sparrow population in subpopulation A explicitly considered the possibility that benefits of inclusion, see ‘‘Application declined precipitously, from an Hurricane Andrew * * * caused the of section (4)(b)(2) of the Act’’ below for estimated 2,608 individuals in 1992 to decline, especially in Population A. further explanation. 240 individuals in 1995 (Pimm, et al. However, we find Curnutt et al.’s (1998) (10) Comment: The hydrological 2002, p. 70).’’ This is contrary to the arguments that Andrew was not a management PCE (4) is based on a available evidence in that the primary factor in the decline of hypothesis that has not been shown to precipitous decline occurred between Population A to be reasonable. Most be true. 1992 and 1993 when subpopulation A importantly, Population A continued to Our Response: The specific PCEs went from 2,608 to 432 individuals. decline for years after Andrew, whereas identified for the Cape Sable seaside This information should be revised to Population B received only slightly less sparrow, including PCE4, are derived reflect the relative certainty and extreme wind conditions than did from the biological needs of the uncertainties that have contributed to Population A, but exhibited no sparrows, as described in the the decline, not speculation. decline.’’ The Service echoes the Background and Primary Constituent Our Response: Sparrow surveys do uncertainty inherent in their Elements sections of our proposed rule indicate that a large decline occurred assessment, but supports their (71 FR 63980). The PCEs are based on between the 1992 survey and the 1993 conclusions. We are not aware of the best scientific data available and survey. The 1994 survey was additional information presented since their scientific foundation is detailed in incomplete in the area of subpopulation 2000 that refutes their conclusions. this rule and the referenced proposed A, and only approximately 25 percent of (14) Comment: Comprehensive rule. It should be noted that PCE 4 the area was surveyed. Consequently, Everglades Restoration Plan is not describes the hydrologic conditions that the number of sparrows counted in 1994 considered in the proposed rule nor is are required to support and maintain the should not be used to characterize it disclosed that the PCEs require vegetation composition that sparrows population changes. In addition, the unnatural conditions. require, as well as those conditions that estimates of sparrow numbers resulting Our Response: The proposed and final allow for successful nesting. PCE 4 is from the point counts are recognized as rules include discussions of activities used as a basis for the evaluation during incorporating a significant degree of involving a Federal action that may consultation under section 7 of the Act uncertainty (see Pimm et al. 2002, pp. destroy or adversely modify such to determine whether a proposed action 151–160). As a result of the uncertainty habitat, or that may be affected by may result in destruction or adverse in individual estimates, we chose to designation of critical habitat. As such modification of designated critical refer to sparrow population changes we do not discuss specific projects such habitat. It is not intended to be a across several years, which we believe as CERP. However, CERP is addressed specific objective. are more representative of sparrow in this final rule in our discussion of (11) Comment: PCE 4 could force the population trends. exclusions pursuant to section (4)(b)(2) Army Corps of Engineers (USACE) to (13) Comment: There is no scientific of the Act, which was not in the manage water levels in subpopulation A justification presented that the decline proposed rule. Designation of critical at unnaturally low levels forever, to the in subpopulation A resulted from the habitat is a rulemaking procedure, and detriment of other areas in the hydrologic flow regime, and, even if as such, does not consider or Everglades ecosystem. The conclusion there was an abnormal increase in accommodate future plans as we are in the proposed rule that ‘‘Water flows, which there was not, it is required to make our determination on management plans continue to have the impossible to imagine an 84 percent the best information available to us at potential to result in damage to sparrow drop in the population in one year the time of our decision. The Service habitat in these areas, and special because of increased flows alone. The believes that the PCEs will be management of hydrologic conditions is decline is much more likely attributable maintained by natural conditions. The necessary’’ has no apparent factual or to a sudden event such as a fire or PCEs of Cape Sable seaside sparrow scientific basis, and is reached based on hurricane. critical habitat are derived from the faulty and superficial logic, Our Response: We recognize that we biological needs of the sparrows, as misrepresentation of the facts, and will not be able to ever conclusively described in the Background and ignoring the blindingly obvious. determine the cause for the observed Primary Constituent Elements sections Our Response: Upon further decline of sparrow subpopulation A. of our proposed rule (71 FR 63980). The evaluation of the proposed critical However, the specific attribution for the PCEs are based on the best scientific habitat designation, we have excluded observed decline has been the subject of data available and their scientific

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foundation is detailed in this rule and levels and the full implementation of require modification to avoid impacting the referenced proposed rule. CERP. areas that contain the features that are (15) Comment: If the proposed rule is Our Response: We recognize some essential for the conservation of the finalized as proposed, it will make habitats currently occupied by sparrow. manmade structures and associated sparrows, particularly in the vicinity of (21) Comment: The designation will unnatural management of water sparrow subpopulation A, may have directly impact the SFWMD’s ability to essential in perpetuity. It is impossible been wetter historically than they are operate the features constructed by the for any person or agency to achieve PCE presently, and conditions may become State’s Acceler8 program and fails to 4 short of totally isolating the area with wetter in some portions of this area evaluate the impacts on the Foundation a wall and constructing an engineered under restoration. This was a Projects, CERP, and Acceler8. The plumbing system; man-made controls consideration in our decision to exclude Service’s narrow focus on the sparrow will, in all probability, have to be these areas from the designation. The contradicts CERP and restricts water increased given PCE 4 as proposed. critical habitat designation does not flow to Everglades National Park. Our Response: The critical habitat prescribe unnatural hydrological Our Response: The exclusion of designation does not require management mandates. It identifies a critical habitat from the area of implementation of specific management single hydrologic characteristic that is subpopulation A is expected to reduce measures, and favorable conditions may consistent with the occurrence of or eliminate potential conflicts between be achieved through a variety of means. sparrows in the Everglades wetlands hydrologic restoration efforts, including We have modified PCE 4 to incorporate and is based on the best available CERP, and the designated critical a broader array of environmental information. This condition will be used habitat. We do not believe that any conditions that may occur under natural to evaluate potential effects of Federal CERP components, as currently conditions. We do not intend or expect actions on designated critical habitat. planned, will be incompatible with the that PCE 4 will require intensive designation. However, there are management of hydrology. This PCE is Comments From States components of CERP that have not been based on the best available science, and Section 4(i) of the Act states, ‘‘the planned sufficiently to date to allow was derived from water levels that have Secretary shall submit to the State evaluation and determination of been recorded within sparrow habitats agency a written justification for his whether they will be completely throughout their range over the past 50 failure to adopt regulations consistent compatible with the designated critical years. We do not think these conditions with the agency’s comments or habitat, and we expect CERP project have resulted exclusively from isolating petition.’’ Comments received from designs to continue to change in the these areas. States regarding the proposal to future. In the Adverse Modification (16) Comment: Over 68 percent of the designate critical habitat for the sparrow Standard section of this final rule we tree island area in the Everglades was are addressed below. discuss activities that, when carried out, destroyed by 1995 primarily due to high (19) Comment: Units 1 and 2 should funded, or authorized by a Federal water; this destruction will continue by not be designated as critical habitat. agency, may affect critical habitat and, designating critical habitat within Our Response: Upon further therefore, result in consultation for the subpopulation A based on the evaluation of the proposed critical sparrow. However, this does not mean prescription of PCE 4. habitat designation, we have found that that those activities cannot go forward Our Response: Upon further the benefits of excluding units 1 and 2 as planned or proceed with some project evaluation of the proposed critical (subpopulation A) from this final modifications. habitat designation, we have excluded designation outweigh the benefits of (22) Comment: An Avian Ecology Units 1 and 2 (subpopulation A) from inclusion, see ‘‘Application of section Workshop was held in August 2007, the final designation after determining that (4)(b)(2) of the Act’’ below for further initial advice and recommendations the benefits of excluding them from the explanation. from the avian ecology experts who final designation outweigh the benefits (20) Comment: The proposed participated in the workshop will be of inclusion (see ‘‘Application of section designation will detrimentally affect the available in December 2007. Given the (4)(b)(2) of the Act’’ below). abilities of the South Florida Water imminent release of this information, (17) Comment: Designating critical Management District to effectively the Service is failing to consider the best habitat within subpopulation A is not operate the Central & Southern Florida scientific data available. scientifically justified, and with precise, system; will prevent the State from Our Response: On June 14, 2007, the artificial water management mandates, achieving the Minimum Flow and Level Service filed a motion with the U.S. is inconsistent with the principle of for Shark River Slough; and fails to District Court for the District of multi-species recovery and ecosystem consider SFWMD’s responsibilities for Columbia to extend the deadline to restoration. flood protection, agriculture, and the complete critical habitat until December Our Response: Upon further urban environment. 15, 2008. The motion was based in part evaluation of the proposed critical Our Response: The Service’s on waiting for the results of the Avian habitat designation, we have excluded exclusion of critical habitat in the area Ecology Workshop. On July 18, 2007, Units 1 and 2 (subpopulation A) from of subpopulation A is expected to our request for an extension was denied final designation after determining that reduce potential impacts to water by the Court. As a result, the Service the benefits of excluding them from the management options, including must complete the final critical habitat final designation outweigh the benefits Everglades restoration. One of the rule by October 24, 2007, using the best of inclusion (see ‘‘Application of section purposes of designating critical habitat scientific information available. (4)(b)(2) of the Act’’ below). is to evaluate the potential impact of The Service participated in the avian (18) Comment: The proposed rule, proposed Federal actions on habitats ecology workshop, and incorporated with prescribed unnatural hydrological that support sparrows. Individual and considered scientific and technical management mandates, will adversely proposals will be evaluated to information into the final rule that was impact the Everglades, the sparrow, and determine whether they will result in presented at the workshop and provided other endangered species by preventing destruction or adverse modification of in subsequent technical reports from the restoration of natural flows and critical habitat, and such proposals will scientists who gave presentations at the

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workshop. This information included decision to exclude proposed Units 1 whether the proposed project may result recent results on sparrow population and 2 in the final rule includes in hydrologic conditions consistent with status and habitat, such as that cited in consideration of such concerns. Other the PCE. The specific information the final rule as Sah et al. 2007, and listed or sensitive species may also be evaluated to make this assessment may Pimm et al. 2007. afforded some conservation and vary depending on the location of the (23) Comment: Are roadway rights-of- protection, if they occur within the anticipated effects relative to nearby ways part of designated critical habitat? areas designated as critical habitat or hydrologic monitoring sites, the Clarify if an excepted area should be share habitat components of the Cape availability of hydrologic modeling, and excluded based solely on containing one Sable seaside sparrow. other factors. of the PCEs. The units should (25) Comment: The Service should (27) Comment: The addition of a PCE acknowledge and accommodate the examine the hydrologic data collected describing an appropriate fire regime, existing roads and canals. in Units 1, 2, and 5 over the last 10 years perhaps based on soil depth Our Response: In developing our final to determine the feasibility of attaining characteristic, would strengthen the designation, we attempted to avoid PCE 4 in these particular areas. designation. including developed areas such as Our Response: We have examined Our Response: We agree, and buildings, paved areas, and other hydrologic records for the period of considered including a PCE related to structures that lack PCEs for the sparrow record for data sets across all areas fire. However, there is currently on the boundaries of the designation. occupied by sparrows. We have insufficient scientific information However, the scale of the maps prepared excluded proposed critical habitat Units available to identify the appropriate fire under the parameters for publication 1 and 2, which correspond with sparrow frequency and seasonality necessary to within the Code of Federal Regulations subpopulation A, from the final maintain the characteristics of sparrow may not reflect the exclusion of such designation (see ‘‘Application of Section habitat that are essential to the developed areas. As is our normal (4)(b)(2) of the Act’’ below). Further, we conservation of the sparrow. We are practice, any such structures and the have clarified PCE 4 to provide for a supporting ongoing research to assist in land under them inadvertently left degree of environmental variability addressing this question, but inside critical habitat boundaries shown observed in these data sets. We have information is currently lacking. on the maps of this rule have been determined that attaining this modified excluded by text in the rule and are not PCE 4 is feasible in the other units. Public Comments designated as critical habitat. Federal (26) Comment: We should clarify how (28) Comment: Units 1 and 2 should actions within such areas would not PCE 4 would be applied and interpreted not be designated as critical habitat. trigger consultation under section 7 of in areas that are expansive and have Our Response: Upon further the Act, unless they affect the species or ground elevations that vary by several evaluation of the proposed critical PCEs in adjacent critical habitat. The feet. habitat designation, we have excluded areas outside of this designation do not Our Response: There are numerous Units 1 and 2 (subpopulation A) from include buffers around such features, hydrological monitoring stations across final designation after determining that and impacts to habitat immediately the Everglades, including some that are the benefits of excluding them from the adjacent to roads, buildings, canals, and in or adjacent to areas designated as final designation outweigh the benefits similar features must be considered critical habitat. These monitoring of inclusion (see ‘‘Application of section during consultation if federally funded stations provide detailed information (4)(b)(2) of the Act’’ below). maintenance and development actions about the hydrological conditions in the (29) Comment: Units 3 through 7 affect designated areas. areas near the gauges over the past should be designated as critical habitat. (24) Comment: Critical habitat decades. Obtaining information about Our Response: We agree and have designation must include other Federal the water levels and/or ground included these areas in the final and State listed species. The current elevations at specific locations within designation. However, since proposed direction of the Service to protect a critical habitat will allow estimation of Units 1 and 2 have been excluded from single species to the detriment of other the hydrologic conditions that have the final designation, we have listed and non-listed species is of occurred over time by relating the renumbered the units so that proposed concern. conditions at the specific site to nearby Units 3 through 7 are now identified as Our Response: Under the Act and its hydrologic gauges. In addition, existing Units 1 through 5 in this final implementing regulations, there are no hydrologic models provide projections designation. mechanisms associated with the of water depths across the landscape. (30) Comment: It must be made clear proposed designation of critical habitat While these depths are understood to be if there are any portions of CERP that that consider addressing or generalized across relatively large cannot go forward. The Service’s narrow accommodating other species besides spatial scales, they provide estimates of focus on the sparrow contradicts CERP the species for which critical habitat is changes in water depths and the and restricts water flow to ENP. designated. In accordance with section duration of specific water levels. These Our Response: The exclusion of 3(5)(A) of the Act and regulations at 50 models can be used to evaluate whether critical habitat from the area of CFR 424.12, in determining which areas proposed projects that are expected to subpopulation A is expected to reduce to designate as critical habitat, we alter hydrologic conditions may affect or eliminate potential conflicts between consider the specific occupied areas that the occurrence of hydrological hydrologic restoration efforts, including contain PCEs, and specific unoccupied conditions described in PCE 4. In CERP, and the designated critical areas that are essential for the evaluating proposed projects that may habitat. We do not believe that any conservation of the species for which affect hydrological conditions within CERP components, as currently we are designating critical habitat. critical habitat, the best available planned, will be incompatible with the However, we are able to consider most information, such as hydrological designation. However, there are other species as well as other models or measured water depths and components of CERP that have not been environmental concerns in our analysis ground elevations, in combination with planned sufficiently to date to allow of exclusions from critical habitat data from water monitoring stations, evaluation and determination of pursuant to section 4(b)(2). In fact, our will be used to make a determination of whether they will be completely

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compatible with the designated critical are present and how they will be (36) Comment: The proposed rule is habitat, and we expect CERP project affected by the proposed project. The not based on the best scientific data designs to continue to change in the specific information available to make available. future. In this final rule under the this determination may vary among Our Response: The Service’s Policy Adverse Modification Standard section projects, and the locations and extent of on Information Standards Under the we discuss activities that, when carried measurement will need to be Endangered Species Act, published in out, funded, or authorized by a Federal determined based on the specific the Federal Register on July 1, 1994 (59 agency, may affect critical habitat and considerations of individual projects. FR 34271), and Section 515 of the therefore result in consultation for the The PCEs identified are those that are Treasury and General Government sparrow. However, this does not mean important to sparrows in general, and Appropriations Act for Fiscal Year 2001 that those activities cannot go forward are not relevant to individual or specific (Pub. L. 106–554; H.R. 5658) and the as planned or proceed with some project units. The PCEs are derived from the associated Information Quality modifications. biological needs of the sparrows, as Guidelines issued by the Service, (31) Comment: Consideration of the described in the Background and provide criteria, establish procedures, cumulative and long-term effects of PCE Primary Constituent Elements sections and provide guidance to ensure that 4 for Unit 1 on other avian species of of our proposed rule (71 FR 63980). The decisions made by the Service represent concern has not been presented. PCEs are based on the best scientific the best scientific data available. Section Our Response: Upon further data available and their scientific 4 of the Act requires that we designate evaluation of the proposed critical foundation is detailed in this rule and critical habitat on the basis of the best habitat designation, we have found that the referenced proposed rule. scientific data available. For this rule, the benefits of excluding Unit 1 from (34) Comment: One commentor we reviewed all available published and this final designation outweigh the suggested that we lengthen the duration unpublished literature about the ecology benefits of inclusion, see ‘‘Application for PCE 4 in the breeding season and of the sparrow, including the 1999 of section (4)(b)(2) of the Act’’ below for include hydrologic triggers for the non- petition, the revised recovery plan further explanation. breeding season. (32) Comment: The PCEs need further Our Response: We considered a broad (Service 1999a), and the previous clarification by unit and the methods by variety of hydrologic characteristics in recovery plan (Service 1983) (See which the effects from rainfall and developing PCE 4, and we revised this ‘‘Criteria Used to Identify Critical surface flows from surrounding natural PCE in the final rule (see the Primary Habitat’’ section). We evaluated areas were distinguished from C&SF Constituent Elements section below). management plans that address specific projects operations needs further The PCE that we identified is based on management needs of sparrows and clarification. the best available science and detailed their habitats and past section 7 Our Response: The PCEs are derived inspection of hydrological and consultations that addressed the needs from the biological needs of the meteorological data. Lengthening the of the sparrow. We reviewed reports sparrows, as described in the period of evaluation may emphasize received from section 7 consultations Background and Primary Constituent hydrologic characteristics that would and from researchers who hold section Elements sections of our proposed rule provide better nesting habitat for 10(a)(1)(A) research permits. We (71 FR 63980) and this final rule. The sparrows, but they would not be reviewed past records of sparrow PCEs are based on the best scientific consistent with natural hydrological and occurrence, distribution, and habitat use data available and their scientific meteorological patterns and conditions. over time that were compiled by FWC foundation is detailed in this rule and Hydrologic triggers during the non- personnel, NPS personnel, and the referenced proposed rule. Further, breeding season may also be desirable, independent researchers. We obtained critical habitat units are delineated but we do not currently have detailed and analyzed spatial information on the based on the presence of one or more of data on hydrological conditions and location of sparrow occurrences the PCEs. They were not developed in their specific effects on sparrow habitat recorded on surveys from 1981 to reference to past, current, or future during the non-breeding season. present and spatial data that reflect operations of the C&SF project. The Consequently, we do not have sufficient vegetation type, fire history, and effects of future projects will be information to define such a PCE and hydrologic conditions within these evaluated using the best available establish that it represents a feature that areas. We reviewed information information to predict whether they will is essential to the conservation of the resulting from hydrologic modeling of occur. The specific information sparrow. several water management regimes available to make this determination (35) Comment: Options such as implemented in the region. We may vary among projects. mechanical vegetation control, evaluated the conclusions and (33) Comment: There is no reference construction of levees and pumps to recommendations that resulted from an as to how and where water levels protect habitat, and restoration of independent peer review of the science exceeding 7.9 inches (20 cm) (i.e., PCE formerly occupied habitat have not been related to sparrows and their 4) would be measured for each proposed included or considered in the analyses. management conducted by the critical habitat unit. Our Response: Such actions, while American Ornithologists’ Union in 1999 Our Response: Measurements of water they may be important to managing and (Walters et al. 2000), and the levels that relate to this PCE can be restoring sparrow habitat, are not recommendations and conclusions of made in any location to determine addressed in the rule because critical the 2003 South Florida Ecosystem whether that PCE is present at a site. In habitat designation does not prescribe Restoration Multi-species Avian the absence of site-specific information, specific actions, and only establishes a Workshop (SEI 2003). We have also the best available information should be baseline condition to allow evaluation reviewed available information on the used to determine whether the PCE is of potential impacts resulting from habitat requirements of this species. In present. In evaluating future projects, future Federal actions. Other determining PCEs, we reviewed all PCE 4, as well as the other PCEs, will mechanisms, such as recovery plans and available published and unpublished be evaluated using the best available section 7 of the Act, provide for literature on the ecology, habitat needs, information to determine which ones consideration of such actions. and factors limiting the sparrow’s

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occurrence and distribution, including Shortly after publication, the Service regulated by other Federal and State information in published, peer-reviewed followed up with a letter dated agencies. As such, we are designating journal articles; unpublished reports November 7, 2006, requesting comments critical habitat on NPS and State lands. and theses; and preliminary results from from the Tribe and offering our However, upon further evaluation of the ongoing research. The original critical availability to answer questions and proposed critical habitat designation, habitat designation (August 11, 1977, 42 meet with the Tribe. The Service we have excluded Units 1 and 2 FR 40685; corrected September 22, requested and received (subpopulation A) from final 1977, 42 FR 47840) was evaluated recommendations for peer reviewers designation after determining that the thoroughly during our analysis. As from the Tribe and a Tribal benefits of excluding them from the such, we believe that this final representative was asked to peer review final designation outweigh the benefits designation is based on the best the proposed rule. Subsequent to the of inclusion (see ‘‘Application of section available scientific information publication of the proposed rule we (4)(b)(2) of the Act’’ below). The specific available. responded to numerous email and PCEs, including PCE 4 (hydrologic (37) Comment: The Service did not telephone requests from the Tribe’s condition), identified for the Cape Sable conduct the National Environmental representative. In advance of the seaside sparrow are derived from the Policy Act analysis necessary to publication of the notice of availability biological needs of the sparrows, as determine the environmental impacts of in August 2007, we provided verbal, described in the Background and this major Federal action. email, and written notification to the Primary Constituent Elements sections Our Response: It is our position that, Tribe, and provided advanced verbal of our proposed rule published on outside the jurisdiction of the U.S. Court notification as to the date, time, and October 31, 2006 (71 FR 63980). The of Appeals for the Tenth Circuit, we do location of the public hearing. In our PCEs are based on the best scientific not need to prepare environmental advanced written notification to the data available and their scientific analyses pursuant to NEPA in Tribal Chairman, we requested foundation is detailed in this rule and connection with designating critical comments from the Tribe and offered the referenced proposed rule. habitat pursuant to the Act. We our availability to answer questions and (41) Comment: The peer review published a notice outlining our reasons meet. Since October 2006, we have process was flawed in that the scientists for this determination in the Federal corresponded with the Tribe or its were only given a short time to review Register on October 25, 1983 (48 FR representative regarding this issue on the proposed rule and were not 49244). This position has been upheld more than 30 occasions. provided with all the ‘‘science’’ by the U.S. Court of Appeals for the (39) Comment: The Service’s documents on which the Service claims Ninth Circuit (see, Douglas County v. contention that it anticipates no impacts it was based. Babbitt, 48 F.3d 1495 (9th Cir. Ore. to Tribal lands is disingenuous and Our Response: Eight of the peer 1995), cert. denied 516 U.S. 1042 inaccurate. (1996)). Our Response: In the final rule, we reviewers were sent a letter on (38) Comment: The Service failed to considered potential direct and indirect November 2, 2006, requesting that they abide by Secretarial Order 3206, impacts to Tribal lands and resources complete their review and provide their Executive Order 13175 and that might result from designation of comments by January 2, 2007. One peer Departmental Manual 512, Chapter 2 in critical habitat when weighing the reviewer was sent a letter on November completing its Trust duty to conduct benefits of exclusion and inclusion in 14, 2006, requesting their review and meaningful, pre-decisional consultation the ‘‘Application of Section 4(b)(2) of comments by January 2, 2007. In other with the Miccosukee Tribe of Indians on the Act’’ section below. In addition, words, most reviewers were provided this action. potential impacts to Tribal resources approximately 60 days to review the Our Response: In accordance with the were described and considered in the proposal and the information it was President’s memorandum of April 29, economic analysis associated with the based on and provide their comments. 1994, ‘‘Government-to-Government critical habitat designation This is approximately the same period Relations with Native American Tribal (40) Comment: The Service is not of time in which the public had to Governments’’ (59 FR 22951), Executive legally obligated to designate the review the proposal and the time period Order 13175, and the Department of western area of ENP as critical habitat required by our ESA regulations for Interior’s manual at 512 DM 2, we because the sparrow is protected under public comment. Moreover, the letter readily acknowledge our responsibility the Act and ENP is a protected area. sent to all nine reviewers indicated that to communicate meaningfully with Moreover, the Service has no obligation the literature used to prepare the recognized Federal Tribes on a to adopt a rule that contains a proposed rule was available upon government-to-government basis. In hydrologic management objective. request. accordance with Secretarial Order 3206 Our Response: While the existing (42) Comment: Management of water of June 5, 1997, ‘‘American Indian management plans for NPS and State levels is not within the Service’s Tribal Rights, Federal-Tribal Trust lands include provisions and actions jurisdiction and, thus, the hydrologic Responsibilities, and the Endangered intended to maintain the habitat type management objective is in excess of Species Act,’’ we readily acknowledge upon which sparrows depend, the statutory authority. our responsibilities to work directly existing plans do not provide sufficient Our Response: The final rule does not with tribes in developing programs for assurances that hydrologic management prescribe specific water management healthy ecosystems, to acknowledge that in these areas will maintain sparrow regimes or water levels, and only tribal lands are not subject to the same habitat for the foreseeable future. describes a hydrologic characteristic controls as Federal public lands, to Neither the NPS nor the Florida Fish that allows for the conservation of the remain sensitive to Indian culture, and and Wildlife Conservation Commission species. Potential impacts of future to make information available to tribes. directly manage the hydrologic Federal actions on the hydrologic Accordingly, we provided verbal conditions on their properties. Inflows conditions within designated critical notification to the Tribe’s representative into the properties, as well as adjacent habitat will be evaluated at the time of in advance of publication of the hydrologic conditions that affect the the action in accordance with section 7 proposed rule on October 26, 2006. lands through groundwater seepage, are of the Act.

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(43) Comment: The proposed rule outside of designated critical habitat, critical habitat (see ‘‘Section 7 violates the 5th Amendment of the U.S. and the designation is consequently not Consultation’’ section below). There are Constitution (i.e., the taking of private intended to encompass all areas where no special provisions to actively property). sparrows may occur. There are areas monitor critical habitat, and any Our Response: The mere outside of designated sparrow critical monitoring will be conducted as a result promulgation of a regulation, like the habitat that may currently be able to of the implementation of Terms and enactment of a statute, does not take support sparrows, and additional areas Conditions associated with section 7 private property unless the regulation where habitat may be restored through consultations that specify monitoring, on its face denies the property owners management or Everglades restoration and in conjunction with other research all economically beneficial or efforts. Habitat is often dynamic, and and monitoring activities. productive use to their land (Agins v. species may move from one area to (48) Comment: The habitat on City of Tiburon, 447 U.S. 255, 260–263 another over time. Consequently, it is Rattlesnake Ridge (subpopulations A) is (1980); Hodel v. Virginia Surface Minin difficult to accurately estimate the no longer suitable for sparrows. and Reclamation Ass’n, 452 U.S. 264, amount of suitable habitat that is Our Response: Upon further 195 (1981); Lucas v. South Carolina available at a particular point in time. evaluation of Units 1 and 2 Coastal Council, 505 U.S. 1003, 1014 Furthermore, we recognize that (subpopulation A), we have found that (1992)). The Act does not restrict all designation of critical habitat may not the benefits of excluding this from the uses of critical habitat, but only imposes include all of the habitat areas that may final designation outweigh the benefits limits under section 7(a)(2) on Federal eventually be determined to be of their inclusion (see ‘‘Application of agency actions that may result in necessary for the recovery of the Section 4(b)(2) of the Act’’ below). destruction or adverse modification of species. We expect that some additional (49) Comment: The sparrow is not designated critical habitat. This areas may become suitable for sparrows native to the areas where it is currently limitation does not apply to private as Everglades restoration progresses. nesting. actions that do not need Federal However, we have made the Our Response: The best available approvals, permits, or funding. designations in this final rule consistent information suggests that sparrows have Furthermore, if a biological opinion with the best available scientific occurred for a long time in areas where concludes that a proposed action is information and are currently unable to they currently occur. While the sparrow likely to result in destruction or adverse predict the specific location or extent of was originally only known to occur on modification of critical habitat, we are such other areas. For these reasons, Cape Sable in a different vegetation type required to suggest reasonable and critical habitat designations do not than where it is found today, we believe prudent alternatives, if we are able to signal that habitat outside the that sparrows historically occurred in develop such alternatives. In accordance designation is unimportant or may not the marl prairie habitat where they with Executive Order 12630, we have be required for recovery. occur today, and their documentation concluded that this designation does not (46) Comment: In the discussion of only on Cape Sable resulted from have significant takings implications the individual units, specific threats limited knowledge of their distribution, (see ‘‘Required Determinations’’ section should be identified such as global and not movement from Cape Sable into below). warming or climate change, off-road the marl prairies. The first prong of the (44) Comment: The Service needs to vehicle use in Big Cypress National definition of critical habitat under the state whether the rule will or will not Preserve, exotic predators such as the ESA focuses on the areas occupied by impact access or human use in Units 1 Burmese python. the species at the time of listing. and 2 other than during the natural Our Response: Global warming and (50) Comment: The Miccosukee Tribe sparrow nesting season. climate change may threaten all units, asserted that the Service violated the Our Response: Units 1 and 2 have although the precise impacts over time Administrative Procedure Act (APA) by been excluded from this designation are not fully understood. Proposed not holding a public hearing on the and, therefore, critical habitat is no Units 1 and 2, which were the only proposed critical habitat during the first longer a consideration. However, the units in BCNP, have been excluded for comment period. areas that were considered in the the reasons described later in this rule. Our Response: Pursuant to section proposed rule for designation as Units 1 Exotic predators, similar to climate 4(b)(5)(E) of the Act, we are to hold one and 2 (subpopulation A) contain change, is a general threat that may public hearing on a proposed regulation sparrows and will continue to be subject affect all units, and the degree to which if a request for a hearing is filed within to conservation actions implemented this potential threat may affect sparrows 45 days of the publication of our under section 7(a)(1) of the Act and to remains unknown. In our descriptions proposal. Further, we are required to the regulatory protections afforded by of specific units, we only addressed the hold a public hearing within an open the section 7(a)(2) jeopardy standard, as main factors affecting sparrow habitat comment period, provide notice to the determined on the basis of the best within the unit that may require special public of a public hearing at least 15 available information at the time of the management consideration or days prior to hearing itself, and hold the proposed action. protection. comment period open for at least 10 (45) Comment: Under the proposed (47) Comment: How will critical days following the hearing. For this critical habitat designation how will the habitat be effectively monitored and rulemaking, the proposed rule was sparrow have the necessary habitat to enforced? published on October 31, 2006, and the substantially increase the population to Our Response: Under the Act, critical public comment period closed on 6,600 birds? There should be a habitat receives protection under January 2, 2007. We received the request discussion of total available habitat section 7 of the Act through the for a public hearing from the Tribe by contrasted with critical habitat as well prohibition against destruction or facsimile on November 30, 2006, within as how restoration of habitat can fit in adverse modification of critical habitat the 45 day time period required by the with critical habitat strategies to attain with regard to actions carried out, Act. It is commonly our practice, upon the recovery goals. funded, or authorized by a Federal receiving a request for a public hearing Our Response: Recovery of sparrows agency. Section 7 requires consultation on a proposed critical habitat, to hold at is expected to occur both within and on Federal actions that may affect least one hearing in the general area

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effected by the proposal either directly costs of critical habitat designation budget and time needed to conduct such following the publication of a proposal while making benefits invisible. research before meeting our court- or following the release of our draft Our Response: Section 4(b)(2) of the ordered final rule deadline. In summary, economic analysis of the proposal. In Act requires the Secretary to designate we believe that society places the case of the Cape Sable seaside critical habitat based on the best significant value on conserving any and sparrow proposed critical habitat, there scientific data available after taking into all threatened and endangered species was insufficient time to coordinate, consideration the economic impact, and the habitats upon which they provide notice to the public and hold a impact on national security, and any depend and thus needs only to consider public hearing on the proposal during other relevant impact, of specifying any whether the economic impacts (both the initial comment period. particular area as critical habitat. The positive and negative) are significant Consequently, we held one public Service’s approach for estimating enough to merit exclusion of any hearing in Homestead, Florida, on economic impacts includes both particular area without causing the August 29, 2007, which was during the economic efficiency and distributional species to go extinct. open public comment period following effects. The measurement of economic (54) Comment: One commenter states the release of the draft economic efficiency is based on the concept of that the designation of critical habitat analysis of the proposal. As such, we opportunity costs, which reflect the will prevent implementation of the have abided by the provisions of the Act value of goods and services foregone in Combined Structural and Operational and our implementing regulations. order to comply with the effects of the Plan (CSOP) and other Everglades designation (e.g., lost economic Economic Analysis—Policy Issues restoration projects and the economic opportunity associated with restrictions analysis should quantify these impacts. (51) Comment: Several commenters on land use). Economic benefits can Our Response: The Service has requested that the economic analysis result when increased regulation on indicated that it will evaluate individual consider those impacts attributable co- land has a beneficial effect due to the CERP proposals to determine whether extensively to other causes and not just elimination of negative externalities they will result in destruction or those that are due solely to the caused by the regulation. For example, adverse modification of critical habitat, designation of critical habitat. if designation of critical habitat results and any proposals that would require Our Response: The main body of the protects a viewshed thus increasing the modification to avoid that result. The Final Economic Analysis (FEA) value of the neighboring properties that Service does not expect most proposed estimates fully co-extensive impacts benefit from the viewshed, the associated with the proposed critical designation would eliminate a negative water management actions to reach the habitat designation. Appendix B of the externality and have a measurable level of impact that may result in FEA estimates the potential incremental economic benefit. Our analysis consider destruction or adverse modification of impacts of critical habitat designation such economic benefits, and if both designated critical habitat. Therefore, for the sparrow. It does so by attempting economic costs and benefits can be the Service does not believe that any to isolate those direct and indirect quantified, we can measure the net CERP components, as currently impacts that are expected to be triggered economic impact. However, for the planned, will be incompatible with the specifically by the critical habitat CSSS proposed critical habitat, we were designation. There are components of designation. The incremental unable to find any data that would CERP that have not reached a point in conservation efforts and associated allow quantification of economic the planning process sufficient to date impacts included in Appendix B would benefits, nor was such information to allow evaluation and determination not be expected to occur absent the submitted during the public comment of whether or not they will be designation of critical habitat for the period. completely compatible with the sparrow. Total present value potential Most of the benefit categories designated critical habitat, and CERP incremental impacts are estimated to be submitted by the public during through project designs are also expected to $64,000 (discounted at three percent). comments reflect broader social values, continue to change in the future. This All other impacts quantified in the FEA which are not the same as economic does not mean that those activities are considered baseline impacts and are impacts. While the Secretary must cannot go forward as planned or not expected to be affected by the consider economic and other relevant proceed with some project critical habitat designation. impacts as part of the final decision- modifications. Section 3 of the FEA (52) Comment: One commenter states making process under section 4(b)(2) of discusses how beginning with the full the Draft Economic Analysis should be the Act, the Act also explicitly states implementation of CSOP and CERP peer reviewed. that it is the government’s policy to (assumed for purposes of the FEA to Our Response: For purposes of conserve all threatened and endangered begin around 2011), it is uncertain completing this economic analysis, the species and the ecosystems upon which whether incremental conservation Service did consider whether external they depend. Thus, we believe that measures implemented for sparrow peer review, beyond that conducted by explicit consideration of broader social conservation will represent a significant internal Service economists, was values for the sparrow and its habitat, constraint on overall water management necessary. In this case, the reasonably beyond the more traditionally defined activities. For example, under certain foreseeable impacts were primarily economic impacts, is not necessary as circumstances, overall Everglades related to direct costs of conservation Congress has already clarified the social restoration and sparrow conservation efforts. Thus, the circumstances of the importance. efforts may become more harmonized, analysis did not give rise to a need for We note, as a practical matter, it is thus diminishing related economic external peer review. difficult to develop credible estimates of impacts. Given the current uncertainty (53) Comment: Several commenters such values, as they are not readily concerning overall CERP state that potential benefits of critical observed through typical market implementation, however, no long-term habitat designation can and should be transactions and can only be inferred impacts from sparrow conservation, and quantified and that by quantifying the through advanced, tailor-made studies specifically critical habitat designation, costs and not the benefit of the proposed that are time consuming and expensive are quantified, but are rather discussed rule, public attention is focused on the to conduct. We currently lack both the qualitatively.

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(55) Comment: One commenter states boundaries and the definitions of PCEs Our Response: As discussed in that the Service should be cautious is to use the best available scientific Section 2 of both the DEA and the FEA, about formally quantifying the information. There is consequently not conservation efforts for the sparrow are economic costs and benefits of the a mechanism in this process to develop described since the listing of the proposed rule rather than using and consider alternative designs. The sparrow as endangered in 1967. No qualitative approaches in assessing DEA analyzed the proposed critical costs are estimated for the period of economic costs. habitat units that were developed based 1967 to 1994 as no major conservation Our Response: As discussed in on the application of the best available efforts for the sparrow occurred apart Section 1 of the FEA, one purpose of the information. Considering alternatives from general species management economic analysis is to estimate the different from those proposed is not efforts. Potential impacts are quantified economic impact of reasonably appropriate here because we have no from 1995 until present based on foreseeable actions taken to protect the information and analysis to support available information. The total present sparrow. The economic analysis such alternatives. Additionally, under value of pre-designation costs are attempts to quantify the economic section 4(b)(2) of the Act, the Secretary estimated to be $51.1 million effects associated with the proposed has the discretion to exclude areas (discounted at three percent). While this designation of critical habitat. It does so based on economic or other represents the best estimate based on by taking into account the cost of considerations, but the Act does not available information, it is an conservation-related measures that are provide similar discretion to change the underestimate of the total costs incurred likely to be associated with future PCEs identified in conjunction with a for sparrow conservation efforts since it economic activities that may adversely designation. was listed as endangered. affect the habitat within the proposed (57) Comment: The Miccosukee Tribe (61) Comment: A few commenters critical habitat boundaries. This asserted that we violated the state that the DEA unnecessarily information is intended to assist the Administrative Procedure Act (APA) by truncates the period of analysis for Secretary in determining whether the not making the draft economic analysis future water management actions to benefits of excluding particular areas of the proposed designation available 2011 and costs beyond 2011 should be from the designation outweigh the concurrently with the proposed rule. calculated. benefits of including those areas in the Our Response: The draft of the Our Response: As discussed in designation. In addition, this economic analysis was made available Section 3 of both the DEA and the FEA, information allows the Service to to the public for review and comment beginning with the full implementation address the requirements of Executive on August 17, 2007 (72 FR 46189). A of CSOP and CERP (as described above Orders 12866 and 13211, and the final economic analysis was then assumed to begin around 2011), it is Regulatory Flexibility Act (RFA), as developed based on the public uncertain whether incremental amended by the Small Business comments and is available from South conservation measures implemented for Regulatory Enforcement Fairness Act Florida Ecological Services Office (see sparrow conservation will represent a (SBREFA). The FEA also complies with ADDRESSES). There is no law or significant constraint on overall water the interpretation of the U.S. Court of regulation which requires publication of management activities. For example, Appeals for the 10th Circuit that ‘‘co- the draft economic analysis only under certain circumstances, overall extensive’’ effects should be included in concurrently with the proposed rule. Everglades restoration and sparrow the economic analysis to inform decision-makers regarding which areas (58) Comment: The Miccosukee Tribe conservation efforts may become more to designate as critical habitat. asserted that we violated the APA by harmonized, thus diminishing related (56) Comment: One commenter states not supplying the Tribe with the economic impacts. Given the current that the DEA should provide an analysis documents and data it requested under uncertainty concerning overall CERP of reasonable alternatives for the the Freedom of Information Act (FOIA). implementation, however, no long-term proposed critical habitat designation Our Response: We received the FOIA impacts from sparrow conservation are such as portions of each area being request on November 8, 2005 and quantified. excluded and modifications to the responded well before the proposed However, the USACE has determined, criteria for the primary constituent critical habitat rule for the Cape Sable if it needs to modify its currently elements. seaside sparrow was published on planned infrastructure modifications Our Response: As discussed in October 31, 2006. FOIA only applies to under CERP to maintain sparrow Section 1, the FEA estimates the documents in existence at the time of favorable hydrological conditions in potential economic impact of the response, however the Tribe and the Unit 1, the post-designation costs designating each proposed critical public in general were given adequate estimated in the DEA related to water habitat unit. Consideration of impacts at time to review and comment on the management changes for sparrow a unit level may result in alternate DEA. management may be greatly underestimated. The USACE has, combinations of units of proposed Economic Analysis—Economic Issues habitat that may or may not ultimately however, not conducted an analysis of be designated. As a result, the impacts (59) Comment: One commenter states revisions to CERP that may be required of multiple combinations of units are that the DEA incorrectly assumes CSOP to maintain the primary constituent available for consideration by the will be implemented in 2011. elements in Unit 1. Therefore, the EA Service. When information is available Our Response: Based on does not quantify the costs associated the economic analysis attempts to communications with the U.S. Army with potential changes to infrastructure estimate economic impacts at a finer Corps of Engineers (USACE), 2010 to modifications planned for CERP, and geographic scale. However, information 2011 is the best available estimate of the potential need to re-evaluate CERP is not available to disaggregate potential when CSOP will be implemented. projects. economic impacts to a geographic scale (60) Comment: One stakeholder (62) Comment: One commenter finer than the critical habitat unit for the commented that the DEA contends the DEA underestimates the sparrow. The Service’s responsibility in underestimates the economic cost of costs of structures built by the USACE developing the critical habitat unit past actions undertaken for the sparrow. for the Interim Operational Plan for the

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Protection of the Cape Sable Seaside magnitude of marginal increases in reduced and water would be allowed to Sparrow (IOP). water levels in WCA–3A attributable to flow naturally from Lake Okeechobee to Our Response: Section 3 of both the sparrow conservation efforts remains the Everglades. The concern is that, in DEA and the FEA estimates $11.9 controversial and uncertain. In the the future, this natural flow of water million (discounted at three percent) absence of such information, it is not will be precluded due to water was spent on the construction of possible to quantify the losses in management activities for structures by the USACE since 2000, ecological services and/or potential Subpopulation A (Units 1 and 2), and and no additional monies will be spent costs of restoration attributable that the current practice of routing by the USACE on structures from 2007 specifically to sparrow conservation excess freshwater into estuaries will to 2011. This cost information was efforts. continue to upset the salinity balance provided by the USACE and is (65) Comment: One commenter stated within those estuaries on the eastern considered to be the best available. the DEA discusses potential impacts to and western coast of South Florida. (63) Comment: One commenter the Miccosukee Tribe, recreational These concerns are predicated on the asserts that the DEA underestimates the users, recreational and commercial assumption that current water costs of sparrow conservation efforts by fishing in the St. Lucie and management actions which close S–12 not accounting for tree-island losses. Caloosahatchee estuaries and Florida structures and prevent free flow of water Our Response: As discussed in Bay, and flood protection, agricultural, between WCA–3A and western Shark Section 3 of both the DEA and the FEA, and urban interests but should quantify River Slough will continue in the future higher water levels in the Water costs to these entities. as well. These conditions may change if Conservation Areas (WCAs) have Our Response: As discussed in the USACE’s future plans are resulted in degradation and loss of tree- Section 3 of both the DEA and the FEA, implemented which would enable more islands. Tree-islands support the habitat there could be potential impacts on free flowing conditions near eastern for several wildlife and plant species in these activities due to sparrow Shark River Slough. Also, note that the the area, and are regarded by the conservation efforts. The Miccosukee SFWMD is considering building Miccosukee Tribe as important cultural Tribe claims that water management for reservoirs near Lake Okeechobee to resources connecting them to their the sparrow Subpopulation A has preclude increased freshwater flows heritage and tradition. The loss of tree- irreparably damaged tree islands and into estuaries on the east and west coast islands due to water-management restricted access to other cultural of South Florida. The marginal impact actions has been occurring since at least resources in WCA–3A. Routing of of sparrow conservation efforts on Lake 1945. On average, over the 55 year excess water from near Subpopulation A Okeechobee are uncertain. This period studied, 8.4 islands or 246 acres (Units 1 and 2) through the South Dade analysis, therefore, did not quantify any are lost each year and delayed Conveyance System (SDCS) has economic impacts related to water implementation of the Modified Water potentially resulted in changes in quality in Lake Okeechobee. Deliveries project will prolong the time salinity levels in estuaries of South (67) Comment: One commenter states needed for the restoration and recovery Florida, reducing fishing opportunities. that the DEA does not mention the costs process for the tree islands in WCA–3. Concerns have also been raised about of controlling invasive exotic species in The estimated cost of full restoration of the increased likelihood of floods in tree islands in WCA–3A due to the tree-islands range between $50,000 to agricultural and urban areas of southern increased stress and mortality of native $500,000 per acre. Miami-Dade County due to excess water trees and shrubs resulting from higher While it is clear that tree island loss in L–31N canal resulting from the re- water levels. has occurred in WCA–3 since 1945, and routing of water through SDCS. The Our Response: As noted in Section 4 losses will continue to occur until FEA acknowledges these concerns; of both the DEA and the FEA, the implementation of the Modified Water however, due to lack of sufficient relationship between water management Deliveries project, the relationship quantitative information regarding the for the sparrow, and the increase in between the IOP water management marginal impact of sparrow water levels in WCA–3A is not clearly actions and changes in the rate of tree conservation efforts on water levels, it is understood. Despite several islands loss is unknown. Therefore, this unable to quantify the potential cost of commenters’ claims, the Service, FEA does not estimate the acres of tree these ecological impacts. USACE, and the National Park Service island loss potentially attributable to the (66) Comment: One commenter wrote have not been able to prove or disprove IOP nor the potential range in costs to the DEA should assess the cost of that sparrow management has restore tree island losses. damage to Lake Okeechobee that will contributed to the increased water levels (64) Comment: One commenter result if water levels are maintained at in WCA–3A. Therefore, the relationship asserts that the DEA underestimates the excessive stages. between the increased threat of invasion costs of sparrow conservation efforts by Our Response: As discussed in of exotic plant species and sparrow not accounting for ecological impacts to Section 3 of both the DEA and the FEA, conservation efforts is unknown. Hence, WCA–3A including the cost of restoring present day nutrient levels in Lake the FEA does not attribute any marginal habitat in this area. Okeechobee do not meet relevant water costs that may be incurred for protecting Our Response: As discussed in quality standards. Hence, flow from against invasive plant species in WCA– Section 3 of both the DEA and the FEA, Lake Okeechobee, which would 3A to sparrow conservation. the potential ecological impacts due to normally flow south under the (68) Comment: One commenter states higher water levels in WCA–3A impacts topographic gradient, is artificially that the DEA does not quantify the may include degradation and loss of tree restricted from flowing into the impact of the ISOP and IOP on islands, increased risk of establishment Everglades. Instead, freshwater flows recreation related activities in wildlife of invasive plants, negative impacts on from Lake Okeechobee are routed into management areas (WMA). snail kite habitat and foraging estuaries through the St. Lucie and Our Response: To quantify opportunities, changes in salinity levels Caloosahatchee rivers (which flow to recreational losses associated with the in estuaries, and changes in Everglades the east and west coasts of Florida, ISOP and IOP an estimate of the number restoration objectives due to delay in respectively). It is, however, expected of trips that would be lost specifically project implementation. However, the that in the future nutrient levels will be due to sparrow conservation efforts is

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required. As discussed in Section 4 of water management activities instituted critical habitat will not result in the both the DEA and the FEA, the marginal for sparrow conservation. extinction of the Cape Sable seaside reduction in number of trips due to Because Subpopulation F (Unit 7) is sparrow. These exclusions are discussed sparrow conservation related efforts is located in the Everglades Expansion in more detail in the Application of unknown. Therefore, the FEA is unable Area, some recreation groups are Section (4)(b)(2) of the Act section to quantify the impacts of sparrow concerned that sparrow conservation below. conservation efforts on recreation in efforts will limit recreational (2) We refined the boundary of those portions of the Everglades WMA opportunities in this area. The proposed Unit 4, which corresponds that could be potentially affected by Everglades National Park states that with sparrow subpopulation C, to water management actions for sparrow because hydrological conditions correct a mapping error and to more conservation. Section 4 of the FEA, does currently limit air boating within Unit 7, precisely align the boundary better with however include information from a and because airboaters and the the PCEs actually present here. This recent economic study released by the Miccosukee Tribe have been granted change in boundary resulted in a Florida Fish and Wildlife Conservation limited access in lieu of the 1989 reduction in area of 108 ac (43 ha) Commission (FWC) that provides an Expansion Act, any marginal impact on within this unit. estimate of the range of visitation recreation due to sparrow conservation (3) We modified PCE number 2 related expenditures that can be is expected to be negligible in the (herbaceous vegetation) to correct errors expected to occur in some parts of the Expansion Area. Therefore the FEA and clarify the description of the Everglades WMA. The mean trip concludes that while the number of method of vegetation measurements. expenditure for visits to WMAs in trips is not expected to change much, (4) We modified PCE number 4 Florida could range between $93.21 to visitors’ experiences maybe affected due (hydrologic regime) to incorporate a $298.86. The consumer surplus to additional restrictions arising out of duration of 30 days for the hydrologic associated with these trips was sparrow conservation efforts. condition that was described (water estimated to range between $60.98 and Sparrow management activities in levels >7.9 inches (20 centimeters)), $158.61. These estimates reflect the Zone 4 of the Big Cypress National instead of a simple exceedance of this magnitude of the value of recreation Preserve (BCNP) have led to closure of water depth. This change resulted from trips in WCA–3A and WCA–3B in the some areas within Unit 1, and limited several comments indicating that the Everglades WMA. access to some other areas. Wheeled hydrologic criterion would not (69) Comment: One commenter states vehicles are not allowed within areas accommodate natural environmental that the DEA does not adequately that have been identified as sparrow variation, and our additional analysis of quantify the costs and the uncertainty habitat areas. Since off road vehicles rainfall and hydrologic data within the associated with future collaborative may affect the vegetative structure Everglades. This additional analysis actions between different stakeholders required by sparrows for foraging, indicated that natural rainfall events to resolve potential conflicts between nesting, and roosting, administrative occasionally occur that may cause this sparrow conservation efforts and the closures can prohibit airboats when and criterion to be exceeded for short Everglades restoration projects. where water levels are at a stage in periods. The frequency of such rainfall Our Response: As mentioned in which their use may cause soil events has not been sufficiently Section 3 of both the DEA and the FEA, displacement. Thus, if the proposed rule predictable to ensure that it would not it is expected that future consultations is finalized, it is believed that the result in an exceedance of this criterion. between agencies will be required to designation of critical habitat may The adopted change would ensure that resolve conflicts between overall require additional limits on access to natural rainfall events would not lead us Everglades restoration objectives and Unit 1 and Unit 2. However, the BCNP to erroneously conclude that sparrow conservation needs. However, has stated that hunting opportunities hydrological conditions were there is little understanding of how need not be reduced due to presence of incompatible with the maintenance of frequently interagency meetings will be the sparrow. sparrow habitat. The revised PCE still required, and how, and if at all, addresses high water levels, but focuses Summary of Changes From Proposed reallocation of agency resources may be on persistent deep water that is Rule required to mediate discussions with indicative of broader hydrologic other agencies. It is therefore not We have reconsidered our proposed conditions across the landscape which possible to quantify the potential costs critical habitat revision for the Cape would render sparrow habitat associated with these future changes in Sable seaside sparrow in view of unsuitable. federal and state agency operations at comments received during the two (5) As a result of the exclusion of this time. public comment periods and the public proposed Units 1 and 2, the names of (70) Comment: Several commenters hearing, the economic analysis, and new the remaining 5 units are being changed state that the DEA fails to specify the information that has become available to reflect sequential numbering, from 1 kinds of restriction on use of designated since we published the proposed rule though 5, but also indicate the critical habitat areas during section 7 on October 31, 2006. We have adopted associated sparrow subpopulation. For consultations. the following changes from the original example, proposed critical habitat Unit Our Response: The FEA describes proposal in this final rule: 3 will now be referred to as Unit 1— potential changes in access to some (1) We have excluded proposed Units subpopulation B. parts of the proposed critical habitat 1, 2, and a portion of the eastern (6) Based upon our further evaluation areas. There are three areas where boundary of 7 from the final designation of the survey information regarding the recreation may be affected due to the of critical habitat because we believe designated areas, we have determined sparrow. that the benefits of excluding these that they were occupied at the time of A decrease in recreation may be specific areas from the designation listing and, therefore, that they are observed in the Everglades Wildlife outweigh the benefits of inclusion. As occupied habitat under the Act. See the Management Area due to restrictions required by the Act, we have discussion of each critical habitat unit imposed to reduce stress during high determined that the exclusion of these in the Critical Habitat Description water levels resulting potentially from areas from the final designation of section below.

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Critical Habitat essential to the conservation of the information is used in accordance with Critical habitat is defined in section 3 species. Critical habitat designations the provisions of Section 515 of the of the Act as: (i) The specific areas identify, to the extent known using the Treasury and General Government within the geographical area occupied best scientific data available, habitat Appropriations Act for Fiscal Year 2001 by a species at the time it is listed in areas that provide essential life cycle (Pub. L. 106–554; H.R. 5658) and the accordance with the Act, on which are needs of the species (areas on which are associated Information Quality found those physical or biological found the PCEs, as defined at 50 CFR Guidelines issued by the Service. Section 4 of the Act requires that we features (I) essential to the conservation 424.12(b)). Habitat occupied at the time of listing designate critical habitat on the basis of of the species and (II) that may require may be included in critical habitat only the best scientific data available. Habitat special management considerations or if the essential features thereon may is often dynamic, and species may move protection; and (ii) specific areas require special management or from one area to another over time. outside the geographical area occupied protection. Thus, we do not include Furthermore, we recognize that by a species at the time it is listed, upon areas where existing management is designation of critical habitat may not a determination that such areas are sufficient to conserve the species. As include all of the habitat areas that may essential for the conservation of the discussed below, such areas may also be eventually be determined to be species. Conservation, as defined under excluded from critical habitat under necessary for the recovery of the section 3 of the Act, means, ‘‘to use and section 4(b)(2) of the Act. Areas outside species. For these reasons, critical the use of all methods and procedures of the geographical area occupied by the habitat designations do not signal that that are necessary to bring any species at the time of listing may only habitat outside the designation is endangered or threatened species to the be included in critical habitat if the unimportant or may not be required for point at which the measures provided areas are determined to be essential to recovery. pursuant to the Act are no longer the conservation of the species. Areas that support Cape Sable seaside necessary.’’ Such methods and Accordingly, when the best available sparrow subpopulations, but are outside procedures include, but are not limited scientific data do not demonstrate that the critical habitat designation, will to, all activities associated with the conservation needs of the species continue to be subject to conservation scientific resources management such as require additional areas, we will not actions implemented under section research, census, law enforcement, designate critical habitat in areas 7(a)(1) of the Act, which directs Federal habitat acquisition and maintenance, outside the geographical area occupied agencies to utilize their authorities in propagation, live trapping, and by the species at the time of listing. furtherance of the purposes of the Act transplantation, and, in the However, if we could not determine that by carrying out programs for the extraordinary case where population an area was occupied at the time of conservation of listed species, and to the pressures within a given ecosystem listing, but the area is currently regulatory protections afforded by the cannot be otherwise relieved, may occupied by the species, it will likely be section 7(a)(2) jeopardy standard, as include regulated taking. essential to the conservation of the determined on the basis of the best Critical habitat receives protection species and, therefore, typically available information at the time of the under section 7 of the Act through the included in the critical habitat action. Federally funded or permitted prohibition against destruction or designation. projects affecting listed species outside adverse modification of critical habitat The Service’s Policy on Information their designated critical habitat may still with regard to actions carried out, Standards Under the Act, published in result in jeopardy findings in some funded, or authorized by a Federal the Federal Register on July 1, 1994 (59 cases. Similarly, critical habitat agency. Section 7 of the Act requires FR 34271), and Section 515 of the designations made on the basis of the consultation on Federal actions that are Treasury and General Government best available information at the time of likely to result in the destruction or Appropriations Act for Fiscal Year 2001 designation will not control the adverse modification of critical habitat. (Pub. L. 106–554; H.R. 5658) and the direction and substance of future The designation of critical habitat does associated Information Quality recovery plans, habitat conservation not affect land ownership or establish a Guidelines issued by the Service, plans (HCP), or other species refuge, wilderness, reserve, preserve, or provide criteria, establish procedures, conservation planning efforts if new other conservation area. Such and provide guidance to ensure that information available to these planning designation does not allow government decisions made by the Service represent efforts calls for a different outcome. or public access to private lands. Such the best scientific data available. They Until a critical habitat designation is designation does not require require Service biologists to the extent modified in a future rulemaking implementation of restoration, recovery, consistent with the Act and with the use proceeding, that designation remains in or enhancement measures by the of the best scientific data available, to effect. landowner. Where the landowner seeks use primary and original sources of or requests federal agency funding or information as the basis for Primary Constituent Elements authorization that may affect a listed recommendations to designate critical In accordance with section 3(5)(A)(i) species or critical habitat, the habitat. When determining which areas of the Act and regulations at 50 CFR consultation requirements of Section are critical habitat, a primary source of 424.12, in determining which areas to 7(a)(2) would apply, but even in the information is generally the listing designate as critical habitat, we event of a destruction or adverse package for the species. Additional considered those physical and modification finding, the landowner’s information sources include the biological features (PCEs) that are obligation is not to restore or recover the recovery plan for the species, articles in essential to the conservation of the species, but to implement reasonable peer-reviewed journals, conservation species, within areas occupied by the and prudent alternatives to avoid plans developed by States and counties, species at the time of listing, that may destruction or adverse modification of scientific status surveys and studies, require special management critical habitat. biological assessments, or other considerations and protection. These To be included as occupied critical unpublished materials and expert include, but are not limited to, space for habitat, it must have features that are opinion or personal knowledge. All individual and population growth and

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for normal behavior; food, water, air, growing forbs also occur within sparrow large, expansive, contiguous habitat light, minerals, or other nutritional or habitat (Ross et al. 2006, pp. 10–13), and patches with sparse woody shrubs or physiological requirements; cover or some of these may have important roles trees; (4) hydrologic conditions that shelter; sites for breeding, reproduction, in the life history of the sparrow. would prevent flooding sparrow nests, and rearing (or development) of However, the species identified in the maintain hospitable conditions for offspring; and habitats that are protected PCE consistently occur in areas sparrows occupying these areas, and from disturbance or are representative of occupied by sparrows (Sah et al. 2007, generally support the vegetation species the historic geographical and ecological p. 5). that are essential to sparrows; and (5) distributions of a species. (3) Contiguous open habitat. Sparrow overall the habitat features that support The specific PCEs identified for the subpopulations require large, expansive, the invertebrate prey base the sparrows Cape Sable seaside sparrow are derived contiguous habitat patches with few or rely on and the variability and from the biological needs of this species sparse woody shrubs or trees. uniqueness of habitat that provides, for as described in the proposed critical This PCE provides the space for example, periphyton mats for sparrows habitat designation published in the population and individual growth, and to survive in the southern Everglades. Federal Register on October 31, 2006 also provides the open, contiguous Units are designated based on (71 FR 63980). habitat that sparrows prefer. sufficient PCEs being present to support Pursuant to the Act and its (4) Hydrologic regime such that the one or more of the species’ life history implementing regulations, we are water depth, as measured from the functions. Some units contain all PCEs required to identify the known physical water surface down to the soil surface, and support multiple life processes, and biological features (PCEs) within does not exceed 7.9 inches (20 cm) for while some units contain only a portion the geographical area known to be more than 30 days during the period of the PCEs necessary to support the occupied at the time of listing that are from March 15 to June 30 at a frequency species’ particular use of that habitat. essential to the conservation of the of more than 2 out of every 10 years. Where a subset of the PCEs is present at sparrow, which may require special This PCE indicates the hydrologic the time of designation, this rule management considerations or conditions that are required to support protects those PCEs and thus the protections. All areas designated as and maintain the vegetation conservation function of the habitat. critical habitat for the Cape Sable composition that sparrows require, as seaside sparrow were occupied at the well as those conditions that allow for Special Management Considerations or Protection time of listing and are occupied now, successful nesting. The period of within the species’ historic geographic measurement coincides with the When designating critical habitat, we range, and contain sufficient PCEs to sparrow breeding season, as well as the assess whether the areas determined to support at least one life history late portion of the dry season and the be occupied at the time of listing function. early wet season. Water depths >7.9 contain the PCEs and may require Based on our current knowledge of inches (20 cm) during this period will special management considerations or the life history, biology, and ecology of result in elevated nest failure rates protection. All of the areas designated as the sparrow, and the habitat (Lockwood et al. 1997, p. 724; critical habitat contain one or more of requirements for sustaining its essential Lockwood et al. 2001, p.278; Pimm et the PCEs. We find that all of the PCEs life history functions, we have al. 2002, pp. 24–25). If these water in the critical habitat may require determined that the PCEs for the Cape depths occur for short periods during special management considerations or Sable seaside sparrows are: nesting season, sparrows may be able to protection due to threats to the species (1) Calcitic marl soils characteristic of re-nest within the same season. These or its habitat. Such management the short-hydroperiod freshwater marl depths, if they occur for sustained considerations or protection include: prairies of the southern Everglades. periods (>30 days) within sparrow measures to prevent damaging These soils support the unique nesting season, will reduce successful hydrologic conditions, control of vegetation community and probably nesting to a level that will be invasive exotic plant species, and many of the food items upon which insufficient to support a population if measures to prevent anthropogenic fires sparrows depend. They also result from they occur more frequently than 2 out from spreading through Cape Sable specific hydrologic conditions that are of every 10 years. In addition, because seaside sparrow habitat. characteristic of the marl prairies. These the period of measurement coincides Criteria Used To Identify Critical soils are an integral component of with the dry season and early wet Habitat sparrow habitat. season, and because water levels (2) Herbaceous vegetation that generally recede slowly, water depths As required by section 4(b) of the Act, includes greater than 15 percent greater than specified or that occur for we used the best scientific data combined cover of live and standing periods longer than specified, will available in determining areas that dead vegetation of one or more of the generally result in hydroperiods longer contain the physical and biological following species (when measured than those which support the vegetation features that are essential to the across an area of greater than 100 ft2 (9.3 composition required by the sparrow. conservation of the Cape Sable seaside m2)): Muhly grass (Muhlenbergia The above PCEs describe: (1) Soils sparrow and other areas that are filipes), Florida little bluestem that are widespread in the Everglades essential to the conservation of the (Schizachyrium rhizomatum), black- short-hydroperiod marshes and support sparrow. We reviewed all available topped sedge (Schoenus nigricans), and the vegetation types that the sparrows information about the sparrow’s current cordgrass (Spartina bakeri). rely on; (2) plant species that are and historical distribution, ecology and These plant species are largely characteristic of sparrow habitat in a life history, and threats. This included characteristic of areas where sparrows variety of hydrologic conditions, that peer-reviewed scientific publications; occur. They act as cover and substrate provide structure sufficient to support data and occurrence records compiled for foraging, nesting, and normal sparrow nests, and that comprise the by resource management agencies, and behavior for sparrows during a variety substrate that sparrows utilize when independent researchers contracted by of environmental conditions. Many there is standing water; (3) contiguous the Service and the NPS; unpublished other herbaceous plant species and low- open habitat because sparrows require reports; notes and communications with

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other qualified biologists or experts; our To delineate specific boundaries, we consequently provides a robust own data and documents; and the final began with records of sparrow assessment of sparrow habitat. recovery plan for the sparrow (Service occurrence from comprehensive surveys We believe the method we have used 1999). We also evaluated the conducted from 1981 to 2006 and to delineate critical habitat encapsulates conclusions and recommendations that identified all survey points where the core habitat that is important over resulted from an independent peer sparrows had been detected. Sparrow time for all aspects of the sparrow’s life review of the science related to surveys were conducted in 1981 and history, accounting for the degree of sparrows and their management that each year from 1992 through present natural variability in environmental and was conducted by the American following a standard protocol (Pimm et habitat conditions that occur within the Ornithologists’ Union in 1999 (Walters al. 2002, p. 65–68), but every survey Everglades. The criteria we employed to et al. 2000), and the recommendations point was not necessarily surveyed delineate the boundaries consistently and conclusions of the 2003 South every year. In addition, surveys cannot encompass the areas where sparrows Florida Ecosystem Restoration Multi- confirm the absence of sparrows from a have occurred, despite the fact that species Avian Workshop (SEI 2003), survey point. To address the tendency sparrows may not occur at every point which was held to develop a common to underestimate the occurrence and within unit boundaries in every year. In understanding of how four avian distribution of sparrows that results the variable environment of the species, including the Cape Sable from incomplete surveys and inability Everglades wetlands, the size and seaside sparrow, would respond to to reliably determine absence of distribution of the sparrow Everglades restoration. The Service also sparrows, a survey point was considered subpopulations may change in response participated in the recent 2007 avian to be occupied if a sparrow was to environmental conditions, fires, and ecology workshop, and incorporated recorded in at least one year during the other factors. In addition, the vegetation and considered scientific and technical period from 1981 to 2006. within these units may change in information into the final rule that was Because survey points are arranged on response to varying environmental presented at the workshop and provided a 0.6 mile (mi) (1 kilometer (km)) grid conditions. These unit boundaries were in subsequent technical reports from and sparrows may only be detected delineated to provide sufficient area scientists who gave presentations at the accurately within 656 feet (ft) (200 such that these subpopulations may workshop. This information included meters (m)) of a survey point (Pimm et continue to persist, even when taking recent results on sparrow population al. 2002, p. 153), some areas between into account some degree of vegetation status and habitat, such as that cited in survey points remain unsurveyed. We change and changes in subpopulation the final rule as Sah et al. 2007, and used a 2,460-ft (750-m) radius around size that may occur under adverse Pimm et al. 2007. each sparrow occurrence to account for conditions. Several distinct units were Our principal sources of information unsurveyed areas adjacent to or between delineated because flooding and the for identifying the specific areas within the survey points where sparrows likely large fires may render entire units the occupied range of the sparrow on occurred. The 2,460-ft (750-m) radius unsuitable for sparrows for extended which are found those features essential distance is approximately half of the periods (Lockwood et al. 2003, p. 467). to their conservation were: past records distance between diagonally adjacent When this occurs, maintaining suitable of sparrow occurrence, distribution, and survey points. In addition, this distance habitat that supports sparrows in other habitat use over time; data and is slightly larger than the sum of the units is necessary to ensure that the occurrences compiled by FWC reliable sparrow detection distance from impacted units could be repopulated personnel, NPS personnel, and a point (656 ft (200 m)) plus the through immigration or through active independent researchers contracted by diameter of an average non-breeding management. the Service and the NPS; as well as season sparrow home range (1,526 ft The delineated areas include the peer-reviewed published journal articles (465 m), assuming a circular home range majority of the remaining freshwater and unpublished technical reports. based on home range sizes in Dean and marl prairies that currently support the All historical and recent locations of Morrison 2001, p. 36). This distance sparrow population and portions of the sparrow occurrences were mapped to consequently represents an estimate of Spartina marshes that support sparrows better delineate sparrow habitat. Current the area of habitat that sparrows and reflect the communities that were and historical habitat data from several detected at a point are likely to use. historically occupied by the sparrow sources were also evaluated to identify We drew a boundary that throughout its range. Areas such as areas outside of the known occupied encompassed the 2,460-ft (750-m) radius dense sawgrass marshes, pine or cypress range of the Cape Sable seaside sparrow around sparrow locations but also took forests, and mangroves are not included that may have the potential to support into account the particular habitat in the designation. We conducted field sparrows. However, while historical characteristics as determined through reconnaissance of some portions of the habitat maps and historical records of detailed inspection of satellite imagery, units and eliminated highly degraded sparrows identified several areas aerial photography, and habitat maps. sites, isolated fragments of potential outside of the sparrow’s current range Outlying sparrow occurrences that were habitat that were unlikely to contribute where sparrows may have occurred recorded in only one year and were not to the maintenance of the sparrow historically, these areas no longer adjacent to other recorded sparrow subpopulations, and areas where contain one or more habitat features observations were excluded. Areas mangroves have recently encroached (PCEs) that would support sparrows. along the boundary that did not contain into marl prairie vegetation or where Therefore, we did not delineate as features essential for the sparrow (such cypress trees are present, but not visible critical habitat any areas outside the as tree islands, cypress forest, and deep- on aerial photographs. In the proposed geographical areas presently occupied water slough communities) were rule, we delineated seven currently by the species. We are not designating excluded from the unit. The resulting occupied areas that contain habitat critical habitat on Cape Sable, in the boundary of each unit encompassed the features that are essential to the Ochopee area, or in agricultural areas in core areas of habitat that have been conservation of the Cape Sable seaside the vicinity of Homestead where occupied by sparrows since 1981. This sparrow. sparrows previously occurred for this approach relies on the results of We reviewed existing management reason. multiple years of surveys and and conservation plans for these areas

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and evaluated the benefits of inclusion the sparrow’s particular use of that of Long Pine Key and dwarf cypress and exclusion of each area to determine habitat. Where a subset of the PCEs was forests in ENP, deep water slough if any of the areas should be excluded present (such as water depth that does communities, and agricultural areas. under section 4(b)(2) of the Act. On the not exceed 7.9 in. (20 cm) for more than These areas, therefore, are not included basis of this review, we determined that 30 days during the period from March in this critical habitat designation, and the benefits of exclusion of two of these 15 to June 30 at a frequency of more we have instead sought in this areas, which currently support sparrow than 2 out of every 10 years), these PCEs designation to accurately delineate only subpopulation A, outweigh the benefits were sufficient to allow sparrows to the specific areas in which one or more of their inclusion. Accordingly, while occupy the site. of the PCEs are present. For further these areas contain the habitat features A brief discussion of each area information on the changes from the that are essential to the conservation of designated as critical habitat is provided original designation, see the the species, they are excluded from this in the unit descriptions below. descriptions of the individual units final designation (see Application of Additional detailed documentation below. section 4(b)(2) of the Act below). concerning the essential nature of these When determining critical habitat areas is contained in our supporting The five units proposed for boundaries, we made every effort to record for this rulemaking. designation as Cape Sable seaside avoid including within the boundaries sparrow critical habitat are: (1) Marl of the map developed areas such as Critical Habitat Designation prairie habitats that support sparrow buildings, paved areas, and other We are designating five units as subpopulation B and lie exclusively structures that lack PCEs for the Cape revised critical habitat for the Cape within ENP in the vicinity of the Main Sable seaside sparrow. The scale of the Sable seaside sparrow. The critical Park Road, between Shark River Slough maps prepared under the parameters for habitat units described below constitute and Taylor Slough; (2) marl prairie publication within the Code of Federal our best assessment, at this time, of the habitat that supports sparrow Regulations may not reflect the areas determined to be occupied at the subpopulation C within ENP along its exclusion of such developed areas. Any time of listing that contain the PCEs eastern boundary in the vicinity of such structures and the land under them essential for the conservation of the Taylor Slough; (3) marl prairie habitats inadvertently left inside critical habitat species that may require special that support sparrow subpopulation D boundaries shown on the maps of this management. We are not designating within ENP and the State-owned rule have been excluded by text in the any areas that were not known to be Southern Glades Wildlife and rule and are not designated as critical occupied at the time of listing. We Environmental Area to the east of Taylor habitat. Therefore, Federal actions consider all units as currently occupied. Slough; (4) marl prairie habitats that limited to these areas would not trigger The area designated as critical habitat support sparrow subpopulation E section 7 consultation, unless they affect differs significantly from the original within ENP, along the eastern edge of the species or PCEs in adjacent critical 1977 designation. The critical habitat Shark River Slough; and (5) marl habitat. boundaries in the 1977 designation were prairies that support sparrow Five units are designated based on based on section-township-range subpopulation F within the northern sufficient arrangement and quantity of boundaries, and only delineated portion of ENP along its eastern the PCEs to support sparrow life relatively large, general areas within boundary and lying to the east of Shark processes. Some units contained all which sparrows were known to occur at River Slough. Table 1 provides the area PCEs and supported multiple life that time. Consequently, many areas by unit determined to meet the processes. Some units contained only a originally designated were never definition of critical habitat for the Cape portion of the PCEs necessary to support sparrow habitat, such as forested areas Sable seaside sparrow.

TABLE 1.—CRITICAL HABITAT UNITS FOR THE CAPE SABLE SEASIDE SPARROW [Area estimates reflect all land within critical habitat unit boundaries]

Federal acres State acres Total acres Critical habitat unit (hectares) (hectares) (hectares)

1. Unit 1—subpopulation B ...... 39,053 (15,804) 0 39,053 (15,804) 2. Unit 2—subpopulation C ...... 7,951 (3,218) 0 7,951 (3,218) 3. Unit 3—subpopulation D ...... 833 (337) 9,867 (3,993) 10,700 (4,330) 4. Unit 4—subpopulation E ...... 22,278 (9,016) 0 22,278 (9,016) 5. Unit 5—subpopulation F ...... 4,883 (1,976) 0 4,883 (1,976)

Total ...... 74,998 (30,351) 9,867 (3,993) 84,865 (34,344)

Below, we provide a brief description prairie and mangrove zone just inland of the high elevations of the pine and rationale for each unit of revised Florida Bay, on the west by the sawgrass rocklands north of the unit down to the critical habitat for the Cape Sable marshes and deepwater slough mangroves in the south. The area is seaside sparrow. communities of Shark River Slough, on bisected by the Main Park Road, which the north by the pine rockland serves as the primary public access Unit 1—Subpopulation B vegetation communities that occur route from Homestead to Florida Bay. It Unit 1—subpopulation B, consists of within ENP on Long Pine Key, and on is also bisected by the Old Ingraham 39,053 ac (15,804 ha) of marl prairie and the east by the sawgrass marshes and Highway, which is an abandoned and lies exclusively within ENP. The unit is deepwater slough vegetation community partially restored roadway that bounded on the south by the long- of Taylor Slough. There is a continuous historically provided access from hydroperiod Eleocharis-dominated wet elevational gradient across the site, from Homestead to Florida Bay. Much of the

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western portion of this roadway was area could result in an increased relatively dry condition, and water removed and restored to grade, but the likelihood of ignitions, but this has not levels only rose above ground level for eastern portions of the road, with its occurred to date. In addition, the limited periods. Beginning in 1980, a associated borrow canal and woody presence of both the Main Park Road pump station, which was installed along vegetation, interrupt the contiguity of and the Old Ingraham Highway within the eastern boundary of ENP at the the prairies within the eastern portion of this unit provides human access greater approximate location of the historic this unit. Besides the road, borrow than in any other unit and may allow slough, was operated to increase canal, and woody vegetation, which are better opportunities to manage both hydroperiods in the area resulting in not critical habitat, the area consists of prescribed fires and wildfires such that extended hydroperiods within the one large, contiguous expanse of marl they would pose a reduced risk to the portions of the area downstream from prairie that contains all of the PCEs for persistence of the sparrow the pump station (ENP 2005, p. 39). the sparrow. subpopulation. Vegetation changed in this area from When sparrows were first recorded in marl prairie to sawgrass marsh (ENP Unit 2—Subpopulation C the area during 1974 to 1975 surveys, 2005, pp. 3–40), and sparrows ceased to they were abundant and widespread Unit 2—subpopulation C consists of occur in this area. At the same time, the (Werner 1975, pp. 32–33). Based on 7,951 ac (3,218 ha) of marl prairie northern portions of sparrow their limited mobility and dispersal habitat that lies exclusively within ENP subpopulation C, above the pump capabilities and the presence and in the vicinity of Taylor Slough, along station, continued to be overdrained as persistence of suitable habitat, we the eastern edge of ENP. The unit a result of the adjacent canal and a believe that the sparrows have occupied consists of the prairies that flank both lowered water table in the agricultural this locality since at least the time of sides of the relatively narrow Taylor lands immediately adjacent to ENP listing. These same areas have remained Slough. The area is bordered by the pine (Johnson et al. 1988, pp. 30–31; ENP occupied by sparrows since their rocklands of Long Pine Key on the west 2005, p. 53). In these overdrained areas, discovery over 30 years ago. and by isolated pine rocklands and the frequent fires impacted the habitat and Consequently, we consider the unit to L–31 W canal that runs along the ENP resulted in reduced sparrow numbers be occupied at the time of listing. The boundary to the east. It is bordered by (Pimm et al. 2002, p. 77). majority of this area was included in the an area of constriction in Taylor Slough This area provides a contiguous 1977 critical habitat designation for the that is closely flanked on both sides by expanse of habitat that is largely sparrow (42 FR 40685 and 42 FR 47840). forested habitats at the southern end separated from other nearby The area is the largest contiguous and by the Rocky Glades, a region of subpopulations in an area that is patch of marl prairie east of Shark River thin marl soils and exposed limestone uniquely influenced by hydrologic Slough. It is currently occupied, and has and sparse vegetation (ENP 2005, p. 4), characteristics. The Taylor Slough basin consistently supported the largest to the north. The area is bisected by is a relatively small system, and much sparrow subpopulation since 1992 Main Park Road in the southern portion of the headwaters of the Slough are cut (Pimm et al. 2002, p. 70; Pimm and Bass of the unit, but the remainder of the unit off by canals and agricultural 2006, p. 16). The natural characteristics consists of contiguous marl prairies. development to the east of ENP. of this area make it relatively immune Although, sparrows were discovered Portions of this unit near the slough to risk of flooding or frequent fires in the area in 1972 (Ogden 1972, p. 852), have deep soils (15.7 inches (40 cm)) (Walters et al. 2000, p. 1110). Its we consider this unit to be occupied at (Taylor 1983, pp. 151–152) and support location south of the high-elevation pine the time of listing. At the time of resilient vegetation that responds rocklands provides it a degree of discovery, sparrows were found to be rapidly following fire (Taylor 1983, p. protection from high water levels that widely distributed and abundant in this 151–152; Werner and Woolfenden 1983, do not occur within any other units. area (Werner 1975, p. 32). Based on p. 62). Sparrows were reported to Within the southern portion of the their limited mobility and dispersal reoccupy burned sites in this region greater Everglades watershed, water capabilities and the presence and within 1 to 2 years following fire flows from north to south, with most persistence of suitable habitat, we (Werner and Woolfenden 1983, p. 62). water moving through Shark River believe that the sparrows have occupied The unit contains the vegetation Slough, and to a lesser extent through this locality since at least the time of characteristics upon which sparrows Taylor Slough. The pinelands block the listing. These same areas have remained rely, and most of the area currently southward flow of water across this area occupied by sparrows since their experiences hydrologic conditions that such that the primary influences on discovery over 30 years ago. Following are compatible with sparrows (one or water levels are rainfall and overflow its discovery, the site was the location more of the PCEs). This area remains from the flanking sloughs. In addition, of some of the first intensive study of heavily influenced by hydrologic portions of the area occur on relatively the sparrow’s biology and its management along the eastern boundary high elevations and remain relatively relationship to its habitat (Werner 1975, of ENP (ENP 2005, p. 17–18). Portions dry. Consequently, this area is not easily p. 17). This area lies entirely within the of the area are also overdrained, flooded as a result of managed water 1977 critical habitat designation for the resulting in the possibility of high fire releases or upstream events, and the sparrow (42 FR 40685 and 42 FR 47840). frequency. high water levels that may occur within During the mid-1970s, sparrows were The location of this unit relative to other sparrow subpopulations are abundant at this site (Werner 1975, p. other sparrow subpopulations is dampened by its relative position and 32), and surveys in 1981 estimated 432 significant in that it occurs in the center topographic characteristics. sparrows in this area (Pimm et al. 2002, of the five sparrow subpopulations that Similarly, the area is not particularly p. 70). Since 1981, the sparrow occur east of Shark River Slough in the vulnerable to fires. It is not overdrained subpopulation at this site has declined vicinity of Taylor Slough as a result of local hydrologic and has ranged from zero to 144 (subpopulations B through F). The management actions, and the fire sparrows between 1995 and the present habitat in this area most likely plays an frequency is primarily influenced by (Pimm et al. 2002, p. 70; Pimm and Bass important role in supporting dispersal natural ignition and managed prescribed 2006, p. 16). When sparrows were among the eastern subpopulations, fire. The public road that traverses the abundant in the area, the area was in a acting as a ‘‘hub’’ that facilitates

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dispersal in the region and would are attenuated by Taylor Slough This area supports one of the large, recolonization of local areas that are and influenced by flood protection and relatively stable sparrow detrimentally impacted. water supply infrastructure in the subpopulations. It is centrally located urban/agricultural areas to the north. among the areas supporting other Unit 3—Subpopulation D Loss of suitable habitat and the sparrow subpopulations, and its central location Unit 3—subpopulation D consists of subpopulation within this area would probably plays an important role in 10,700 ac (4,330 ha) of marl prairie result in a reduction in the geographic aiding dispersal among subpopulations, vegetation in an area that lies on the range of the sparrow. particularly movements from the eastern eastern side of the lower portion of The 1981 comprehensive survey of subpopulations to the subpopulations Taylor Slough. The majority of this area potential sparrow habitat estimated 400 west of Shark River Slough. Since 1997, (9,867 ac (3,993 ha)) is within the sparrows within this region (Pimm et al. this area has supported the second Southern Glades Wildlife and 2002, p. 70). This was higher than any largest sparrow subpopulation, ranging Environmental Area, which is jointly number of sparrows recorded in the area from 576 to nearly 1,000 individuals in managed by the SFWMD and FWC. The in recent years, and estimates have recent years (Pimm et al. 2002, p. 70; remaining 883 ac (337 ha) occurs within ranged from zero to 112 sparrows Pimm and Bass 2006, p. 16). the boundary of ENP. The area is between 1992 and the present (Pimm et The centrality of this subpopulation bordered on the south by the long- al. 2002, p. 70; Pimm and Bass 2006, p. helps to prevent it from being affected hydroperiod Eleocharis vegetation and 16). The area currently contains all by managed hydrologic conditions mangroves that flank Florida Bay, on the PCEs, but the majority of the area is because it is distant from canals, pumps, west by the sawgrass marshes and deep- dominated by sawgrass, which indicates and water management structures that water vegetation of Taylor Slough, on a wetter-than-average condition within occur along the boundaries of ENP. The the east by long-hydroperiod Eleocharis the spectrum of conditions that support magnitude of any managed water vegetation and overdrained areas with marl prairie and sparrow habitat (Ross releases is generally dampened by the shrub encroachment in the vicinity of et al. 2006, p. 16). The habitat in this time their influences reach this area. U.S. Highway 1, and on the north by area is divided by several canals that are However, the proximity of this area to agricultural lands and development in part of the C–111 basin. This canal Shark River Slough may make the the vicinity of Homestead and Florida system results in relatively altered habitats and the sparrows that they City. hydrologic conditions in the region support vulnerable to hydrologic effects When sparrows were discovered in during wet periods. The western (ENP 2005, p. 18) and causes extended this area, they were widespread (Werner portions of the area may become too hydroperiods during wet periods (Pimm 1975, p. 32). Based on their limited deeply inundated to provide good et al. 2002, p. 78). These factors mobility and dispersal capabilities and habitat for sparrows under some deep influencing hydrologic conditions will the presence and persistence of suitable water conditions. Large-scale hydrologic continue to require management in the habitat, we believe that the sparrows modifications, such as those proposed future. have occupied this locality since at least under the CERP, have the potential to the time of listing. These same areas Unit 4—Subpopulation E influence habitat conditions in this area have remained occupied by sparrows (e.g., PCEs), and may require special Unit 4—subpopulation E consists of since their discovery over 30 years ago. management attention. Large-scale fires We consequently consider this unit to 22,278 ac (9,016 ha) of marl prairie may detrimentally affect this area, and be occupied at the time of listing. A habitat in an area that lies along the there are no intervening features in the portion of this area, including both eastern margin of Shark River Slough. region that would aid in reducing the Federal- and State-owned lands was This unit occurs entirely within ENP. potential impacts on this subpopulation. included in the 1977 critical habitat The area is bordered to the south by the While the area is relatively distant from designation for the sparrow (42 FR pine rocklands of Long Pine Key and by ENP boundaries and potential sources of 40685 and 42 FR 47840). an area dominated by dwarf cypress human-caused ignition, fires that are This is the easternmost area where trees. The sawgrass marshes and started along the eastern ENP boundary sparrows occur and is the only deepwater slough vegetation may rapidly spread into the area. The subpopulation that occurs on the communities of Shark River Slough 2001 Lopez fire was a human-caused eastern side of Taylor Slough. It is comprise the western and northern fire that affected a portion of this unit consequently unlikely to be affected by boundary of the area, and the Rocky (Lockwood et al. 2005, p. 4). Risk from the same factors (e.g., large fires or Glades comprise the eastern boundary. fire may also require management in extreme hydrologic conditions) that When sparrows were discovered in this area to prevent impacts to this large affect the other eastern subpopulations this area, they were relatively sparrow subpopulation. that lie primarily between Shark River widespread (Werner 1975, p. 33). Based Slough and Taylor Slough., because this on their limited mobility and dispersal Unit 5—Subpopulation F area is separated from other sparrow capabilities and the presence and Unit 5—subpopulation F consists of subpopulations by Taylor Slough, and persistence of suitable habitat, we 4,883 ac (1,976 ha) of marl prairie that the area immediately north of this believe that the sparrows have occupied lies along the eastern boundary of ENP, subpopulation consists of agriculture this locality since at least the time of and is the northernmost of the units. and urban/suburban areas around listing. These same areas have remained This is the smallest of the units. It is Homestead and Florida City. These occupied by sparrows since their bounded on the north and west by the discontinuities in the landscape would discovery over 30 years ago. We sawgrass marshes and deep-water tend to prevent fires from spreading consequently consider this unit to be slough vegetation communities from the area which supports sparrow occupied at the time of listing. The associated with Shark River Slough, and subpopulations B, C, E, and F into the majority of this area was included in the on the east by agricultural and subpopulation D area. Similarly, 1977 critical habitat designation for the residential development and the hydrologic conditions in this region are sparrow (42 FR 40685 and 42 FR 47840). boundary of ENP. Its southern boundary different than those that affect the other This area is currently occupied by is defined by the sparse vegetation and subpopulations because water levels sparrows and contains all of the PCEs. shallow soils of the Rocky Glades.

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When sparrows were discovered in pp. 46–47), often forming dense stands. consultation with us. As a result of this this area, they were relatively These trees have reduced the suitability consultation, compliance with the widespread (Werner 1975, p. 33). Based of some portions of the habitat for requirements of section 7(a)(2) will be on their limited mobility and dispersal sparrows and have reduced the amount documented through the Service’s capabilities and the presence and of contiguous open habitat. Aggressive issuance of: (1) A concurrence letter for persistence of suitable habitat, we management programs have been Federal actions that may affect, but are believe that the sparrows have occupied implemented by management agencies not likely to adversely affect, listed this locality since at least the time of to address this issue, and control of species or critical habitat; or (2) a listing. These same areas have remained woody vegetation will continue to be biological opinion for Federal actions occupied by sparrows since their required. that may affect, but are likely to discovery over 30 years ago. We adversely affect, listed species or critical consequently consider this unit to be Effects of Critical Habitat Designation habitat. occupied at the time of listing. The Section 7 Consultation When we issue a biological opinion majority of this area was included in the concluding that a project is likely to Section 7 of the Act requires Federal 1977 critical habitat designation for the result in jeopardy to a listed species or agencies, including the Service, to sparrow (42 FR 40685 and 42 FR 47840). the destruction or adverse modification ensure that actions they fund, authorize, This area is currently occupied by of critical habitat, we also provide or carry out are not likely to destroy or sparrows, and contains all of the PCEs. reasonable and prudent alternatives to The first comprehensive surveys of adversely modify critical habitat. In our the project, if any are identifiable. potential sparrow habitat in 1981 regulations at 50 CFR 402.02, we define ‘‘Reasonable and prudent alternatives’’ resulted in an estimated population of destruction or adverse modification as are defined at 50 CFR 402.02 as 112 sparrows in this area, and most ‘‘a direct or indirect alteration that alternative actions identified during subsequent surveys have resulted in appreciably diminishes the value of consultation that can be implemented in estimates lower than this, including critical habitat for both the survival and a manner consistent with the intended several years when no sparrows were recovery of a listed species. Such purpose of the action, that are consistent found (Pimm et al. 2002, p. 70; Pimm alterations include, but are not limited with the scope of the Federal agency’s and Bass 2006, p. 16). However, to, alterations adversely modifying any legal authority and jurisdiction, that are sparrows were always found in the area of those physical or biological features economically and technologically in the year following a zero count that were the basis for determining the feasible, and that the Director believes (Pimm et al. 2002, p. 70), indicating that habitat to be critical.’’ However, recent would avoid jeopardy to the listed sparrows are consistently using the area. decisions by the 5th and 9th Circuit species or destruction or adverse This area would serve to support or Court of Appeals have invalidated this modification of critical habitat. recolonize subpopulations C and E (in definition (see Gifford Pinchot Task Reasonable and prudent alternatives can units 2 and 4) if those areas were to Force v. U.S. Fish and Wildlife Service, vary from slight project modifications to become unsuitable. Loss of habitat in 378 F. 3d 1059 (9th Cir 2004) and Sierra extensive redesign or relocation of the this area would also result in a Club v. U.S. Fish and Wildlife Service et project. Costs associated with reduction in the total spatial al., 245 F.3d 434, 442F (5th Cir 2001)). implementing a reasonable and prudent distribution of sparrows. Its position in Pursuant to current national policy and alternative are similarly variable. the landscape results in a unique set of the statutory provisions of the Act, Regulations at 50 CFR 402.16 require threats that differ from those in other destruction or adverse modification is Federal agencies to reinitiate subpopulations. Because of its determined on the basis of whether, consultation on previously reviewed proximity to urban and agricultural with implementation of the proposed actions in instances where a new areas and its relative topographic Federal action, the affected critical species is listed or critical habitat is location, this area has been consistently habitat would remain functional (or subsequently designated that may be overdrained in recent years and remains retain the current ability for the PCEs to affected and the Federal agency has dry for longer periods than other be functionally established) to serve the retained discretionary involvement or subpopulations. The relative dryness of intended conservation role for the control over the action or such the area may allow the site to remain species. discretionary involvement or control is suitable as habitat for sparrows under Section 7(a) of the Act requires authorized by law. Consequently, some very wet conditions, when other Federal agencies, including the Service, Federal agencies may request subpopulations may become deeply to evaluate their actions with respect to reinitiation of consultation with us on inundated for long periods. any species that is proposed or listed as actions for which formal consultation Because of its dryness and its endangered or threatened and with has been completed, if those actions proximity to developed areas, this area respect to its critical habitat, if any is may affect subsequently listed species has been subjected to frequent human- proposed or designated. Regulations or designated critical habitat or caused fires during the past decade, implementing this interagency adversely modify or destroy proposed resulting in periods of poor habitat cooperation provision of the Act are critical habitat. quality. The PCEs within this unit may codified at 50 CFR part 402. Federal activities that may affect the require special management If a species is listed or critical habitat Cape Sable seaside sparrow or its consideration due to the threat from fire. is designated, section 7(a)(2) of the Act designated critical habitat will require In addition, the dry conditions have requires Federal agencies to ensure that section 7 consultation under the Act. allowed encroachment of woody activities they authorize, fund, or carry Activities on State, Tribal, local or vegetation, including invasive exotic out are not likely to jeopardize the private lands requiring a Federal permit and native woody species. Invasive continued existence of such a species or (such as a permit from the U.S. Army exotic trees, primarily Australian pine to destroy or adversely modify its Corps of Engineers under section 404 of (Casuarina spp.), melaleuca (Melaleuca critical habitat. If a Federal action may the Clean Water Act or a permit under quinquenervia), and Brazilian pepper affect a listed species or its critical section 10(a)(1)(B) of the Act from the (Schinus terebinthifolius), have become habitat, the responsible Federal agency Service) or involving some other Federal established in local areas (Werner 1975, (action agency) must enter into action (such as funding from the Federal

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Highway Administration, Federal also jeopardize the continued existence currently occupied by the sparrow if the Aviation Administration, or the Federal of the species. species may be affected by the activity Emergency Management Agency) will Activities that may destroy or to ensure that those Federal actions do also be subject to the section 7 adversely modify critical habitat are not jeopardize the continued existence consultation process. Federal actions those that alter the PCEs to an extent of the sparrow or destroy or modify its not affecting listed species or critical that the conservation value of the current designated critical habitat. habitat, and actions on State, Tribal, designated critical habitat for the Exemptions and Exclusions local, or private lands that are not sparrow is appreciably reduced. federally funded, authorized, or Activities that, when carried out, Application of Section (4)(b)(2) of the permitted, do not require section 7 funded, or authorized by a Federal Act agency, may affect critical habitat and consultation. Section 4(b)(2) of the Act states that therefore result in consultation for the critical habitat shall be designated, and Application of the Jeopardy and sparrow include, but are not limited to: Adverse Modification Standards for (1) Actions that would significantly revised, on the basis of the best Actions Involving Effects to the Cape and detrimentally alter the hydrology of available scientific data after taking into Sable Seaside Sparrow and Its Critical marl prairie habitat found in all units. consideration the economic impact, Habitat Such activities could include, but are national security impact, and any other relevant impact, of specifying any Jeopardy Standard not limited to, changes to hydrological management plans that result in particular area as critical habitat. The Prior to and following designation of increased depth of inundation or Secretary may exclude an area from critical habitat, the Service has applied duration of flooding within sparrow critical habitat if he determines that the an analytical framework for Cape Sable habitat during the breeding season or benefits of such exclusion outweigh the seaside sparrow jeopardy analyses that draining the areas resulting in increased benefits of specifying such area as part relies heavily on the importance of fire; of the critical habitat, unless he subpopulations to the survival and (2) Actions that would allow determines, based on the best scientific recovery of the sparrow. The section encroachment of nonnative and invasive data available, that the failure to 7(a)(2) analysis is focused not only on woody plant species. Such activities designate such area as critical habitat these subpopulations but also on the could include, but are not limited, to will result in the extinction of the habitat conditions necessary to support local or regional overdrying and species. In making that determination, them. introduction of nonnative woody plant the Secretary is afforded broad The jeopardy analysis usually species; discretion, and the Congressional record expresses the survival and recovery (3) Actions that would significantly is clear that, in making a determination needs of the sparrow in a qualitative and detrimentally alter the topography under the section, the Secretary has fashion without making distinctions of a site (such alteration may affect the discretion as to which factors and how between what is necessary for survival hydrology of an area or may render an much weight will be given to any factor. and what is necessary for recovery. area unsuitable for nesting). Such Economics Generally, if a proposed Federal action activities could include, but are not is incompatible with the viability of the limited to, off-road vehicle use and The primary purpose of an economic affected subpopulation(s), inclusive of mechanical clearing; analysis is to estimate the potential associated habitat conditions, a jeopardy (4) Actions that would reduce the economic impacts associated with the finding for the species is warranted, value of a site by significantly designation of critical habitat for the because of the relationship of each disturbing sparrows from activities, sparrow. This information is intended to subpopulation to the survival and such as foraging and nesting; and assist the Secretary in making decisions recovery of the species as a whole. (5) Actions that would significantly about whether the benefits of excluding and detrimentally alter water quality particular areas from the designation Adverse Modification Standard that may lead to detrimental changes in outweigh the benefits of including those For the reasons described in the vegetation species composition and areas in the designation. This economic Director’s December 9, 2004 structure or productivity of prey analysis considers the economic memorandum, the key factor related to organisms and may have direct efficiency effects that may result from the adverse modification determination detrimental effects on sparrows. the designation, including habitat is whether, with implementation of the These activities could reduce protections that may be co-extensive proposed Federal action, the affected population sizes and the likelihood of with the listing of the species and the critical habitat would remain functional persistence within one or more sparrow incremental impacts of the critical (or retain the current ability for the PCEs subpopulations, and reduce the habitat designation itself. It also to be functionally established) to serve suitability of habitat for breeding for addresses distribution of impacts, the intended conservation role for the extended periods. including an assessment of the potential species. Generally, the conservation role We consider all of the units effects on small entities and the energy of the Cape Sable seaside sparrow designated as critical habitat to contain industry. This information can be used critical habitat units is to support viable features that are essential to the by the Secretary to assess whether the core area populations. conservation of the Cape Sable seaside effects of the designation might unduly Section 4(b)(8) of the Act requires us sparrow. All units are within the burden a particular group or economic to briefly evaluate and describe in any geographic range of the species, all areas sector. proposed or final regulation that are currently occupied by sparrows Economic analyses typically measure designates critical habitat those (based on surveys conducted since impacts against a baseline, which is activities involving a Federal action that 1981; Pimm et al. 2002, pp. 70–84; normally described as the way the may destroy or adversely modify such Pimm and Bass 2006, pp. 3–6), and all world would look absent the proposed habitat, or that may be affected by such areas are likely to be used by the action. This is often referred to as the designation. Activities that may destroy sparrow. Federal agencies already ‘‘incremental’’ approach. In 2001, the or adversely modify critical habitat may consult with us on activities in areas U.S. Tenth Circuit Court of Appeals

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found that the incremental approach According to the above described habitat, and CERP project designs are provided ‘‘meaningless’’ results and principles, the final economic analysis expected to continue to change in the instructed the Service to conduct a full evaluated the potential future effects future. Due to the uncertain nature and analysis of all of the economic impacts associated with the listing of the extent of these potential changes, the of proposed critical habitat, regardless sparrow, as well as any potential effect economic analysis cannot estimate the of whether those impacts are of the designation of critical habitat potential incremental impact of sparrow attributable coextensively to other above and beyond those regulatory and critical habitat designation on water causes (New Mexico Cattle Growers economic impacts associated with the management activities beyond 2011. Assn v. U.S.F.W.S., 248 F.3d 1277 (10th listing. To quantify the proportion of Further, due to the controversial nature Cir. 2001)). However, since that total potential economic impacts and complexity of consultations related decision, courts in several other cases attributable to the critical habitat to water management, the actual have held or implied that an designation, the analysis evaluated a administrative costs of consultation may incremental analysis is proper (see Cape ‘‘without critical habitat’’ baseline and be higher than the average estimates; Hatteras Access Preservation Alliance v. compared it to a ‘‘with critical habitat’’ therefore, incremental administrative Department of Interior, 344 F. Supp. 2d scenario. The ‘‘without critical habitat’’ costs may be underestimated. 108 (D.D.C. 2004); CBD v. BLM, 422 F. baseline represented the current and Because it may not be feasible to Supp. 2d 1115 (N.D. Cal. 2006). expected economic activity under all monetize, or even quantify, the benefits Accordingly, we have reevaluated the modifications prior to the critical of environmental regulations due to baseline used for critical habitat habitat designation, including either an absence of defensible, relevant economic analyses. The economic protections afforded the species under studies or a lack of resources on the analysis uses a traditional regulatory Federal and State laws. The difference implementing agency’s part to conduct analysis approach and examines the between the two scenarios measured the research, the Service believes that the economic impact of the regulatory net change in economic activity direct benefits of critical habitat change being considered. However, attributable to the designation of critical designation are best expressed in because there is interest by the courts habitat. biological terms that can be weighed and the public in seeing the total costs The economic analysis estimates total against the expected cost impacts of the of regulation, the analysis also potential future impacts associated with rulemaking. Our economic analysis quantifies the existing regulatory conservation efforts for the sparrows in indicates potential cost resulting from baseline. When quantifying the baseline, areas designated to be $32.2 million the designation that may be considered the analysis looks back to the time of over the next 20 years (undiscounted). measurable, but cannot be considered listing. The present value of these impacts is disproportionate. Therefore, we When estimating the incremental $26.9 million using a discount rate of conclude that there are no significant impacts of the critical habitat three percent, or $22.2 million using a economic benefits to excluding any designation, the Service must consider discount rate of seven percent. The areas from critical habitat. that most courts have agreed with the annualized value of these impacts is A copy of the final economic analysis New Mexico Cattle Growers court when $1.8 million to $6.70 million, using a with supporting documents are it determined that the Service cannot discount rate of three percent, or $2.1 included in our administrative record simply equate adverse modification million using a discount rate of seven and may be obtained by contacting U.S. standard and the jeopardy standard and percent. Fish and Wildlife Service, South Florida conclude that there are no economic The majority, or 58 percent, of the Ecological Services Office (see costs. The New Mexico Cattle Growers total potential costs estimated in this ADDRESSES). court said ‘‘Congress clearly intended report are associated with potential Other Relevant Impacts that economic factors were to be species management efforts (e.g., considered.’’ Therefore, when surveying and monitoring, research, Under section 4(b)(2) of the Act, we conducting this analysis, it is important exotic vegetation control, etc.). The must consider, in addition to economic to attempt to distinguish between the remaining costs are associated with impacts, all other relevant impacts. We regulation that would exist prior to the potential water management changes to consider a number of factors in a section designation of critical habitat, under the conserve the sparrow (33 percent), fire 4(b)(2) analysis. For example, we jeopardy standard, and under sections 9 management (7 percent), and consider whether there are lands owned and 10 of the Act, and the additional administrative costs of consultation (2 or managed by the Department of regulation that world exist with percent). Defense (DOD) where a national security designation of critical habitat. Incremental impacts of critical habitat impact might exist. We also consider Following the publication of the designation are forecast to be $64,000 whether the landowners have developed proposed critical habitat designation, (present value at a three percent any conservation plans for the area, or we conducted an economic analysis to discount rate). Anticipated costs of whether there are conservation estimate the potential economic effect of critical habitat are the value of time and partnerships that would be encouraged the designation. This draft analysis was effort of conducting section 7 by designation of, or exclusion from, based on the coextensive approach only consultations beyond those associated critical habitat. In addition, we look at and estimated the potential future with the listing of the sparrow. Critical any tribal issues and consider the impacts associated with conservation habitat designation for the sparrow is government-to-government relationship efforts for the sparrow in areas proposed not expected to require modifications to of the United States with Tribal entities. for critical habitat designation. The draft land uses and activities above and We also consider any social impacts that analysis was made available for public beyond modifications that are already might occur because of designation. review on August 14, 2007 (72 FR required under the listing. However, We have determined that the lands 46189). We accepted comments on the there are components of CERP that have within the designation of critical habitat draft analysis until September 17, 2007. not been planned sufficiently to date to for the Cape Sable seaside sparrow are The final economic analysis added the allow evaluation and determination of not owned or managed by the incremental approach, which can be whether or not they will be completely Department of Defense, there are found in Appendix B of the report. compatible with the designated critical currently no habitat conservation plans

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for the sparrow, and the designation sparrow habitat through section 7 and diversity. Improving the does not include any sovereign Tribal consultation is small due to the connectivity of habitats may also lands. The units do include areas of comprehensive restoration and improve the range of many animals and ENP and BCNP that contain significant management plans, detailed below, that their prey-base and provide for a more Tribal cultural sites and trust resources. already consider the needs of sparrow natural balance of species within the We discuss these areas below. Similarly, habitat and the level of active system. The goal of Everglades the designation may result in incidental involvement and oversight in restoration is to return the pattern, impacts to lands under perpetual lease Everglades restoration planning, and timing, and volume of water flows to the to the Miccosukee Tribe of Indians of acknowledging the objectives of Everglades landscape to conditions Florida. We anticipate no impact to restoring the hydrology within the similar to those which occurred prior to national security. Everglades, including those areas the first efforts to control the water in The following is our analysis of the occupied by sparrows. the Everglades, which occurred around benefits, other than economics, of IOP is a hydrologic operations plan 1900. including all lands considered and for the southern Everglades wetlands Service biologists participate on proposed as critical habitat and the that was enacted in 2002 in response to Comprehensive Everglades Restoration benefits of excluding such lands. a Service jeopardy biological opinion on Plan project delivery teams and aid in a previous water management plan and formulating plans, developing (1) Benefits of Inclusion its impacts to Cape Sable seaside alternatives, and evaluating project The principal regulatory benefit of sparrows. The IOP is composed of benefits to help ensure that proposed critical habitat is that federally implementing measures to reduce flows restoration projects provide benefits for authorized, funded, or carried out into sparrow subpopulation A from listed species and other Service trust activities require consultation pursuant excessive flooding that would impact resources. The Service and other to section 7 of the Act to ensure that the sparrow habitat, while increasing representatives of the Department of the they will not destroy or adversely water deliveries to the eastern portions Interior (NPS, U.S. Geological Survey, modify critical habitat. In the Gifford of ENP, including sparrow and the South Florida Ecosystem Pinchot decision, the U.S. Court of subpopulations C, E, and F, which Restoration Task Force) are also actively Appeals for the Ninth Circuit ruled that would improve sparrow habitat that had involved in oversight of the overall adverse modification evaluations been overdrained. The IOP is expected Everglades restoration program to require consideration of impacts on the to be replaced in coming years by the ensure that the Department’s interests, recovery of species (379 F.3d 1059, Combined Structural and Operational including endangered species, are 1070–1072). With respect to conducting Plan (CSOP), an early Everglade addressed and incorporated into section 7 consultations, designation of restoration project, and ultimately by restoration projects. In particular, the critical habitat would provide benefit by the Comprehensive Everglades South Florida Ecosystem Restoration ensuring consideration of potential Restoration Plan (CERP). Task Force was established under the habitat impacts under the adverse CERP has been described as the WRDA of 1996 (Pub. L. 104–303, section modification standard within world’s largest ecosystem restoration 528(f)) for the specific purpose of designated units for actions with a effort and includes more than 60 major coordinating the development of Federal nexus. components. The overarching objective consistent policies, strategies, plans, A benefit of inclusion would be that of CERP is the restoration, preservation programs, projects, activities, and in certain CERP alternative scenarios, and protection of the south Florida priorities addressing the restoration, particularly those related to sparrow ecosystem while providing for other preservation, and protection of the subpopulation A (proposed critical water-related needs of the region. It South Florida ecosystem. With this level habitat Units 1 and 2), consultation covers 16 counties over an 18,000- of active involvement and oversight in under section 7(a)(2) of the Act under square-mile area, and centers on an Everglades restoration planning, and the adverse-modification standard may update of the Central & Southern acknowledging the objectives of result in a determination of destruction Florida (C&SF) Project. restoring the hydrology within the or adverse modification of designated The remaining Everglades no longer Everglades, including those areas critical habitat for some CERP exhibit the functions and richness that occupied by sparrows, the benefits of components and result in defined the pre-drainage ecosystem. inclusion in the form of ensuring implementation of Reasonable and There has been a substantial reduction consideration of sparrow habitat Prudent Alternatives that would protect in the size of the Everglades. Water through section 7 consultation and the sparrow habitat as it presently volumes, flow patterns, and water improving awareness of opportunities exists. quality within the Everglades ecosystem for sparrow conservation during Similarly, a benefit of inclusion with have been substantially altered. The Everglades restoration are small. respect to the Interim Operational Plan changes that have taken place in the In addition to CERP, which primarily for the Protection of Cape Sable Seaside natural system have led to decreases in addresses hydrologic management, all Sparrow (IOP) construction of a water native animal and plant populations. properties where sparrows currently management feature would be that 75 ac Compartmentalization caused by occur, which include all areas that meet (31 ha) of proposed unit 7 (sparrow construction of physical barriers such as the definition of critical habitat, are subpopulation F) within the canals, levees, and roads, or even managed under management plans that construction footprint would allow us to hydrologic barriers (such as the Water identify management goals and reassess the project impacts and either Conservation Areas) has fragmented the activities that will benefit sparrows and adopt the conference opinion on the system by creating a series of poorly sparrow habitat. project as part of a biological opinion, connected natural areas. CERP is For example, the Conceptual or re-initiate formal consultation of the intended to reverse the course of the Management Plan (CMP) for the IOP under section 7 of the Act, which declining health of the ecosystem. Southern Glades Wildlife and the specific project is a part. Increasing spatial extent and Environmental Area, which supports However, the benefit of inclusion in improving habitat quality can provide a sparrow subpopulation D, includes the form of ensuring consideration of base for improving species abundance management to maintain wildlife

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species on the property, including the implementing exotic plant control to area. This may help focus, prioritize, sparrow. The property was acquired minimize effects on sparrows. We will and revitalize conservation efforts, such under Florida’s ‘‘Save Our Rivers’’ also conduct section 7 consultation on as restoration projects, or more Program. The program directs the any changes to the GMP that may affect extensive monitoring of populations. In management and maintenance of lands sparrows, with or without a revised addition, designation of critical habitat acquired under the program to occur ‘‘in critical habitat designation. could inform State agencies and local such a way that as to restore and protect In addition to the existing plans and governments about areas that could be their natural state and condition.’’ (FWC plans in development for all of the conserved under State laws or local 1998). The CMP identifies two wildlife properties that contain proposed critical ordinances. As described above, because management goals that relate to sparrow habitat units, representatives of all of all units proposed for designation for conservation: (1) To achieve and the agencies that manage these the Cape Sable seaside sparrow consist maintain the natural diversity, properties actively participate in annual of federally- and State-owned abundance, and distribution of wildlife; meetings held for the sole purpose of conservation lands that have existing (2) to maintain, increase, and ensure the reviewing sparrow monitoring results, management plans and the management abundance and/or distribution of identifying opportunities to improve agencies routinely conduct and threatened and endangered wildlife to sparrow habitat, and addressing sparrow participate in sparrow recovery, and the point they are no longer threatened management issues, and fire management and monitoring activities, or endangered.’’ A similar goal for management in particular. Participants such benefits of inclusion are small. habitat management in the CMP is ‘‘to at these meetings help develop wildfire After carefully considering the restore altered ecosystems and wildlife management strategies in sparrow existing conservation plans and communities to the species habitat, develop prescribed fire plans, strategies in place that address land composition, abundance, and and discuss other sparrow habitat management, resource management, and distribution of fish and wildlife management activities and research and hydrologic management, we believe the characteristic of and dependent upon monitoring. Participants in these additional regulatory benefit of native plant communities.’’ meetings include land management inclusion, as well as the educational Management actions undertaken in agencies, the Service, sparrow and informational benefit of inclusion is recent years include hydrologic researchers, and other experts. small. The sparrow occurs almost restoration through removal of barriers (2) Benefits of Exclusion to flow, and treatment of over 250 ac exclusively on public land managed for (101 ha) of exotic vegetation (SFWMD conservation purposes, which include Possibly the greatest benefit of 2005, p. 13). the protection of listed species. Critical exclusion would be the removal of a ENP, which contains the entirety of habitat designation alone does not potential constraint to the CERP and four proposed units (3, 4, 6, and 7), and require specific steps toward recovery, other Everglades restoration projects. portions of three proposed units (1, 2, and protections and plans already in Because of limited documentation of and 5), is currently operating under a place on these properties provide for the conditions that occurred prior to General Management Plan (GMP) maintenance of sparrows and sparrow hydrologic alteration, as well as the developed in 1989, which was habitat on all proposed critical habitat large number of interacting developed in accord with the NPS units and all areas where sparrows environmental and climatic factors that Organic Act and the Everglades National currently occur. The agencies tasked will influence the outcomes of any Park Protection and Expansion Act of with managing these lands also restoration project, there is a large 1989 (Pub. L. 101–229). The GMP calls routinely participate in meetings to degree of uncertainty that is inherent in for maintenance of habitats and coordinate sparrow recovery, protection, planning Everglades restoration. In protection for threatened and and management measures. These addition, there is little information endangered species. ENP is currently protections and management assurances available on where sparrows and developing a new GMP. The Service is will remain in place regardless of sparrow habitat occurred prior to an active participant on the planning critical habitat designation. CERP and alteration of the Everglades. The team for the revised GMP, and will work other Everglades restoration projects sparrow was not discovered until 1918 with ENP planners to ensure that the provide a framework for hydrologic on Cape Sable, which no longer final plan incorporates protections to restoration throughout the Everglades, supports the sparrow, most likely as a sparrows and their habitats within ENP. transforming the area that has been result of changes in habitat that resulted We will also conduct section 7 adversely affected by decades of from the hurricane of 1935. The sparrow consultation on the revised plan once it hydrologic alteration to conditions that was not documented in the freshwater is finalized. closely resemble those to which the marl prairies where it occurs today until Big Cypress National Preserve, which sparrow adapted before water the mid-1900s, many years after contains portions of proposed Units 1 management changes in the 20th hydrologic alteration had begun to and 2, is currently managed under a century. The hydrologic management shape the Everglades landscape. 1991 GMP. This GMP also addresses plans for the region are developed in As Everglades restoration progresses, protection and management of conjunction with the Service, and are changes in hydrological conditions and threatened and endangered species subject to consultation under section 7 vegetation toward those that occurred habitat. It specifically addresses the of the Act under the jeopardy standard. prior to hydrologic alteration are Cape Sable seaside sparrow, with an Extensive Department of the Interior expected to occur. Consequently, emphasis on appropriate fire involvement and oversight of Everglades changes in the extent and location of management to maintain both favorable restoration projects further ensures unfavorable and favorable habitat vegetation and sparrows. It also consideration of threatened and conditions for sparrows are also likely includes discussion of conducting endangered species. to occur. This expectation is at odds research to determine the cause of Inclusion of critical habitat also serves with evaluation of critical habitat under sparrow decline in the Ochopee region, to educate landowners, State and local section 7 of the Act. Critical habitat efforts to reestablish sparrow governments, and the public regarding designation establishes static populations in the Ochopee region, and the potential conservation value of the boundaries on the landscape and

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requires evaluation of proposed predictions and degree of change feature is intended to aid in restoring alterations of the habitat within the expected is unclear. hydrological conditions along the critical habitat boundaries. In certain Based on the best available scientific eastern boundary of ENP, including CERP alternative scenarios, particularly information, we believe that restoration, overdrained portions of habitat within those related to sparrow subpopulation when complete, will provide habitat subpopulation F. The construction of A (proposed critical habitat units 1 and that will be sufficient to support a the feature is currently under way, and 2), consultation under section 7(a)(2) of secure sparrow population. An effort to the Service previously completed a the Act under the adverse modification review the best available science on the conference opinion as part of the IOP on standard may result in a determination sparrow and the Everglades restoration the impacts to proposed critical habitat of destruction or adverse modification found that there are strong indications and determined that it would not result of designated critical habitat for some the restoration will benefit the species, in destruction or adverse modification. CERP components and result in but identified some uncertainty during If these lands are included in the final implementation of Reasonable and transition to CERP (SEI 2003). In light of designation, we would be required to Prudent Alternatives that would reduce this information, exclusion of proposed conduct a formal consultation on the the benefits of restoration. Additionally, Units 1 and 2, the areas within sparrow project under section 7 of the Act. This with the proposed critical habitat in subpopulation A, would be beneficial to could be as straightforward as adopting place, planning for some proposed achieving full restoration benefits under the results of the conference opinion or CERP components that bring water west CERP and other Everglades restoration having to re-initiate formal consultation. of Shark River Slough is likely to be projects. Exclusion would allow This re-initiation would not only be on constrained to avoid an adverse conservation efforts to focus on this specific project component, but the modification determination during activities intended to advance entire IOP since they are linked through consultation. In essence, the restoration of the broader Everglades the initial consultation. Therefore, any requirement to prevent changes from ecosystem, which includes sparrow re-initiation of consultation for this occurring within designated critical habitat, instead of focusing resources on project would cause a delay in the habitat boundaries may prevent the regulatory compliance with critical construction and operations of the change that is intended under CERP. habitat. feature which could delay benefits to This will likely have the result of Planning of CERP components is still the sparrow, its habitat, and the limiting the overall environmental under way, and only a few Everglades associated PCEs. benefits of Everglades restoration, even restoration components have been planned in detail. Consequently, the full (3) Benefits of Exclusion Outweigh the though the best available scientific Benefits of Inclusion information states there are strong extent to which exclusion of proposed Units 1 and 2 may allow broader We believe that conservation achieved indications restoration will benefit the consideration of alternatives to achieve through implementing management species (Sustainable Ecosystems Everglades restoration objectives is plans is typically greater than would be Institute (SEI) 2003). Furthermore, these unclear, but potentially significant. It is achieved through multiple site-by-site, more favorable conditions may not clear, however, that establishing a project-by-project, section 7 require intensive hydrologic narrowly defined set of suitable consultations that consider critical management for their maintenance. conditions within a static boundary will habitat and are conducted at varying These issues are less of a concern in the limit consideration of alternatives. The points in time. Management plans eastern sparrow subpopulations, which Service received numerous comments commit resources consistently to habitat currently support most of the sparrow from the public, the Miccosukee Tribe protection, but also to long-term population and the best available of Indians of Florida, and other resource proactive management of habitats for information suggests will support a management agencies expressing listed species and conservation benefit large amount of sparrow habitat after opposition and concern about the to other species, and generally ensure CERP is complete. proposed designation because of consistent consideration of listed New science also suggests at least potential conflicts with restoration. species. Section 7 consultations parts of sparrow subpopulation A may Because the process of planning and involving critical habitat only commit not have historically supported the implementing CERP projects is a multi- Federal agencies to prevent destruction habitats sparrows use today. Recent agency, multi-stakeholder collaborative and adverse modification to critical palynological (the study of live and process, exclusion of proposed Units 1 habitat caused by a particular project. fossil spores, pollen grains, and similar and 2 would provide great benefit in They do not commit agencies to plant structures) studies within the terms of completing the collaborative conservation, long-term management, or current marl prairie habitats of process of Everglades restoration providing benefits to critical habitat or subpopulation A have suggested that the planning with a goal of achieving a sparrow areas not affected by the area where subpopulation A currently broad variety of environmental benefits, proposed project. Thus, any occurs was historically a sawgrass including enhancement of listed species management plan that considers marsh, and is currently a marl prairie as habitats and populations. Most enhancement, recovery, or restoration as a result of anthropogenic hydrologic importantly, the best available science the management standard, or which change (Bernhardt and Willard 2006, p. suggests that there are strong indications explicitly addresses the listed species, 4). This information raises questions that the sparrows will benefit from may provide more benefits for the about the sustainability of the habitats restoration. conservation of this listed species than in this area, particularly as restoration Exclusion of 75 ac (31 ha) of proposed result from the prohibition of progresses and hydrologic conditions critical habitat along the eastern edge of destruction or adverse modification of change to those more similar to a proposed unit 7, which corresponds to critical habitat alone. restored condition. Evaluations of sparrow subpopulation F, would The objectives of CERP, as defined in predicted hydrologic conditions within facilitate construction of a water the Water Resources Development Act these areas under restoration indicate management feature that is being (WRDA) 2000 (Pub L. 106–541) provide that wetter conditions are likely to implemented under the IOP to aid in precisely this commitment to occur, though the accuracy of maintaining sparrow habitat. This restoration. By restoring the ecosystem

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over time, CERP is both intended and benefit in terms of reducing constraints It is also our determination therefore expected to benefit the various wildlife to CERP. that the benefits of excluding the 75 ac species that adapted to the ecosystem’s Exclusion of proposed Units 1 and 2 (31 ha) of proposed critical habitat along historical conditions, including the would allow restoration planners to the eastern edge of proposed Unit 7 are sparrow. work to maximize restoration benefits significant and outweigh the benefits of To date, many agencies, the throughout the ecosystem which will inclusion. The benefits of inclusion Miccosukee Tribe of Indians of Florida, also continue to provide for sparrow result from the protection of 75 ac (31 and other organizations have dedicated habitat needs in the larger Everglades ha) of habitat (approximately 1.5 many years of effort toward developing landscape, instead of requiring percent of the proposed unit) through a the CERP, and many CERP features are maintenance of conditions within the possible re-initiation of the IOP now in the planning phase. The process proposed static unit boundaries. This consultation. Exclusion will facilitate of achieving restoration while would also provide for the maintenance construction of a water management addressing the variety of existing of sparrow habitat through restoration of feature that will aid in maintaining and constraints and concerns of the many natural processes instead of through benefiting PCEs within the remainder of restoration partners, such as intensive hydrologic management that is the unit by minimizing delays through maintaining flood protection, quite difficult to administer. These not having to re-initiate consultation on maintaining adequate water supply for improved opportunities to engage in the IOP opinion. This feature will also urban and agricultural areas, and collaborative and cooperative improve hydrologic conditions in the maintaining high-quality natural approaches to sparrow conservation and Rocky Glades and Taylor Slough areas environments within ENP, is extremely resource management instead of adjacent to the unit, resulting in challenging. In addition, the tools regulatory compliance are also reduced threats from fires and exotic available for evaluating these beneficial. Exclusion of these areas does vegetation encroachment. We have constraints and concerns are primarily not remove the requirement for section therefore excluded from the proposed hydrologic models. These models 7 consultation with respect to CERP, designation the 75 ac (31 ha) area along provide good means to compare various including all Federal actions that the eastern edge of proposed Unit 7. alternative plans and provide good affected this area occupied by the This area was included in the proposed general predictions of conditions, but species, and the application of the rule (71 FR 63980). they also have some inherent jeopardy standard to these actions. In the other proposed areas, we have uncertainty which limits their ability to determined not to make any exclusions. In addition to removal of constraints make accurate predictions, especially at to restoration, exclusion of proposed (4) Exclusion Will Not Result in very small scales. We also recognize benefits of Units 1 and 2 from critical habitat also Extinction exclusion that apply to all proposed has a large benefit in terms of enhancing The entire known current range of the critical habitat units for the sparrow, but the Service’s cooperative working Cape Sable seaside sparrow lies within there are differences in the degree of relationship with resource management Federal and State lands managed for benefit among the different areas. The agencies, the Miccosukee Tribe of conservation purposes, and over 90 benefits of exclusion are greatest in Indians of Florida, and other percent of the sparrow population those areas where there is the greatest stakeholder groups involved in occurs on lands managed by NPS. degree of uncertainty in the ultimate developing and implementing the CERP. Existing management plans and outcome of restoration and its effects on These areas have been a focus of agreements provide for protection and current sparrow habitat, and the greatest concern by the resource management management of sparrows and sparrow potential impacts in terms of the agencies because of their apparent habitat on all lands on which they potential incompatibility with or sensitivity to changes in hydrologic occur. The area excluded has supported limitation of the planned restoration of conditions. These areas have also been less than four percent of the sparrow the ecosystem. These criteria describe a primary focus of concern for the population over the past five years, and proposed Units 1 and 2, the area that Miccosukee Tribe of Indians of Florida. it is completely within the boundary of supports sparrow subpopulation A. The areas are proximate to Tribal lands lands managed by NPS. All actions that Within this area, current hydrologic and critical habitat constraints in these may affect sparrows or sparrow habitat modeling indicates wetter conditions areas may have the greatest effect on in the excluded areas will require under restoration, and the historic Tribal resources, though the Tribe has consultation under section 7 of the Act condition of the habitat in this area is expressed concern about other areas as under the jeopardy standard, and no uncertain, with recent evidence well. Federal actions will be permitted which suggesting that it may have supported It is our determination therefore that may jeopardize the continued existence wetter marsh vegetation instead of the the benefits of exclusion of proposed of the species, regardless of whether marl prairie habitat type that currently Units 1 and 2 are significant and critical habitat is designated. Further, occurs there. In addition, current outweigh the benefits of their inclusion. the Service and the Department of the hydrologic management suggests that This exclusion will provide greater Interior are involved at both overarching the area may be sensitive to hydrologic overall opportunities to achieve policy and technical levels in management changes, and even conservation for sparrows, as well as to formulating future hydrological relatively small increases in water achieve restoration of the Everglades. management plans associated with the deliveries or rainfall result in relatively This benefit of exclusion outweighs the CERP. The Department of the Interior large changes in hydroperiod and water small added regulatory and educational also has a key oversight role in depth. Pimm et al. (2007, p. 2) report benefits of including critical habitat Everglades restoration. This that water levels have been higher than units in this area. We have therefore involvement will further ensure that expected in this area in recent years, excluded from the proposed designation proposed future plans for hydrologic particularly in the southern portion of areas that support sparrow management will not result in subpopulation A. These data indicate subpopulation A. These areas were extinction of the species in the absence that exclusion of the area of included in the proposed rule (71 FR of the designation of these two proposed subpopulation A would provide a large 63980) and identified as Units 1 and 2. units. As a result of the combination of

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the existing management plans, the fact in a material way. Due to the timeline Small entities include small that they fall within NPS boundaries, for publication in the Federal Register, organizations, such as independent the requirement for section 7 the Office of Management and Budget nonprofit organizations; small consultation under the jeopardy (OMB) has not formally reviewed the governmental jurisdictions, including standard for any action that may affect rule or accompanying economic school boards and city and town sparrows within the entire excluded analysis. governments that serve fewer than area, we find that the exclusion of Further, Executive Order 12866 50,000 residents; as well as small proposed Units 1 and 2 (the area that directs Federal Agencies promulgating businesses. Small businesses include supports sparrow subpopulation A), and regulations to evaluate regulatory manufacturing and mining concerns 75 ac (31 ha) of Unit 7 (sparrow alternatives (Office of Management and with fewer than 500 employees, subpopulation F) will not result in the Budget, Circular A–4, September 17, wholesale trade entities with fewer than extinction of the Cape Sable seaside 2003). Pursuant to Circular A–4, once it 100 employees, retail and service sparrow. Accordingly, we exercise has been determined that the Federal businesses with less than $5 million in discretion under section 4(b)(2) of the regulatory action is appropriate, the annual sales, general and heavy Act to exclude areas which meet the agency will need to consider alternative construction businesses with less than definition of critical habitat in the area regulatory approaches. Because the $27.5 million in annual business, of sparrow subpopulation A, which determination of critical habitat is a special trade contractors doing less than were identified in the proposed rule as statutory requirement under the ACT, $11.5 million in annual business, and Units 1 and 2, and a portion of sparrow we must then evaluate alternative agricultural businesses with annual subpopulation F, which was identified regulatory approaches, where feasible, sales less than $750,000. To determine in the proposed rule as Unit 7 from when promulgating a designation of if potential economic impacts to these designation as critical habitat. critical habitat. small entities are significant, we consider the types of activities that Editorial Changes In developing our designations of critical habitat, we consider economic might trigger regulatory impacts under This final rule incorporates a change impacts, impacts to national security, this rule, as well as the types of project modifications that may result. In to the common and scientific names of and other relevant impacts pursuant to general, the term ‘‘significant economic the Cape Sable seaside sparrow used in section 4(b)(2) of the Act. Based on the impact’’ is meant to apply to a typical the current critical habitat entry for this discretion allowable under this small business firm’s business species at 50 CFR 17.95(b). The current provision, we may exclude any operations. critical habitat entry, established by an particular area from the designation of August 11, 1977, final rule (42 FR To determine if the rule could critical habitat providing that the significantly affect a substantial number 40685), uses the common name ‘‘Cape benefits of such exclusion outweigh the Sable sparrow’’ and the scientific name of small entities, we consider the benefits of specifying the area as critical number of small entities affected within ‘‘Ammospiza maritima mirabilis.’’ Both habitat and that such exclusion would names are outdated. The new common particular types of economic activities not result in the extinction of the (such as housing development, grazing, name is ‘‘Cape Sable seaside sparrow’’ species. As such, we believe that the and the new scientific name is oil and gas production, timber evaluation of the inclusion or exclusion harvesting). We apply the ‘‘substantial ‘‘Ammodramus maritimus mirabilis.’’ of particular areas, or combination This change will bring the common and number’’ test individually to each thereof, in a designation constitutes our industry to determine if certification is scientific names into agreement with regulatory alternative analysis. those used by the scientific community, appropriate. However, the SBREFA does as well as names used for this species Regulatory Flexibility Act (5 U.S.C. 601 not explicitly define ‘‘substantial in the table at 50 CFR 17.11(h). et seq.) number’’ or ‘‘significant economic impact.’’ Consequently, to assess Required Determinations Under the Regulatory Flexibility Act whether a ‘‘substantial number’’ of (RFA) (as amended by the Small Regulatory Planning and Review small entities is affected by this Business Regulatory Enforcement designation, this analysis considers the In accordance with Executive Order Fairness Act (SBREFA) of 1996), relative number of small entities likely 12866, this document is a significant whenever an agency is required to to be impacted in an area. In some rule because it may raise legal and publish a notice of rulemaking for any circumstances, especially with critical policy issues. Based on our economic proposed or final rule, it must prepare habitat designations of limited extent, analysis, the estimate of total potential and make available for public comment we may aggregate across all industries future costs associated with a regulatory flexibility analysis that and consider whether the total number conservation efforts for the sparrows in describes the effect of the rule on small of small entities affected is substantial. areas designated is $32.3 million entities (small businesses, small In estimating the number of small (undiscounted). The present value of organizations, and small government entities potentially affected, we also these impacts is $26.9 million using a jurisdictions). However, no regulatory consider whether their activities have discounted rate of three percent, or flexibility analysis is required if the any Federal involvement. $22.2 million using a discount rate of head of an agency certifies the rule will Designation of critical habitat only seven percent. The annualized value of not have a significant economic impact affects activities conducted, funded, or these impacts is $1.8 million to $6.70 on a substantial number of small permitted by Federal agencies. Some million, using a discount rate of three entities. The SBREFA amended the RFA kinds of activities are unlikely to have percent, or $2.1 million using a discount to require Federal agencies to provide a any Federal involvement and so will not rate of seven percent. Therefore, we do statement of factual basis for certifying be affected by critical habitat not believe that the designation of that the rule will not have a significant designation. In areas where the species critical habitat for the Cape Sable economic impact on a substantial is present, Federal agencies already are seaside sparrow would result in an number of small entities. The SBREFA required to consult with us under annual effect on the economy of $100 also amended the RFA to require a section 7 of the Act on activities they million or more or affect the economy certification statement. fund, permit, or implement that may

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affect the Cape Sable seaside sparrow. proceed without implementing the It is likely that a project sponsor and Federal agencies also must consult with reasonable and prudent alternatives. action agency could modify a project or us if their activities may affect critical Second, if we find that a proposed take measures to protect the sparrow. habitat. Designation of critical habitat, action is not likely to jeopardize the The kinds of actions that may be therefore, could result in an additional continued existence of a listed animal or included if future reasonable and economic impact on small entities due plant species, we may identify prudent alternatives become necessary to the requirement to reinitiate reasonable and prudent measures include hydrologic management within consultation for ongoing Federal designed to minimize the amount or certain constraints, conducting reduced activities. extent of take and require the Federal or limited projects, and regular In our economic analysis of the agency or applicant to implement such monitoring. These are based on our critical habitat designation, we measures through non-discretionary understanding of the needs of the evaluated the potential economic effects terms and conditions. We may also species and the threats it faces, as on small business entities resulting from identify discretionary conservation described in the recovery plan and conservation actions related to the recommendations designed to minimize proposed critical habitat designation. listing of the Cape Sable seaside or avoid the adverse effects of a These measures are not likely to result sparrow and proposed designation of its proposed action on listed species or in a significant economic impact to critical habitat. This analysis estimated critical habitat, help implement project proponents. prospective economic impacts due to recovery plans, or to develop In summary, we have considered the implementation of conservation information that could contribute to the whether this would result in a efforts for the species, such water recovery of the species. significant economic effect on a management, species management, fire Based on our experience with substantial number of small entities. We management, and administrative costs. consultations pursuant to section 7 of have determined, for the above reasons We determined from our analysis that the Act for all listed species, virtually and based on currently available the economic impacts of conservation all projects—including those that, in information, that it is not likely to affect efforts for the sparrow are expected to their initial proposed form, would result a substantial number of small entities. be borne primarily by State and Federal in jeopardy or adverse modification Federal involvement, and thus section 7 agencies, including the Service, USACE, determinations in section 7 consultations, would be limited to a NPS, and SFWMD. None of these consultations—can be implemented subset of the area designated. The most agencies are defined as small entities by successfully with, at most, the adoption likely Federal involvement could the SBA. Consequently, the designation of reasonable and prudent alternatives. include USACE permits, operations and of critical habitat for the sparrow is not These measures, by definition, must be maintenance of USACE hydrologic expected to impact small entities. economically feasible and within the infrastructure, development and In general, two different mechanisms maintenance of Federal facilities, and scope of authority of the Federal agency in section 7 consultations could lead to development and implementation of involved in the consultation. We can additional regulatory requirements for NPS management plans. Therefore, we only describe the general kinds of the State and Federal agencies that may are certifying that this final designation actions that may be identified in future be required to consult with us each year of critical habitat for the Cape Sable reasonable and prudent alternatives. regarding their project’s impact on the seaside sparrow will not have a These are based on our understanding of Cape Sable seaside sparrow and its significant economic impact on a the needs of the species and the threats habitat. First, if we conclude, in a substantial number of small entitites. A it faces, as described in the final listing biological opinion, that a proposed regulatory flexibility analysis is not rule and this critical habitat designation. action is likely to jeopardize the required. continued existence of a species or Within the final critical habitat units, adversely modify its critical habitat, we the types of Federal actions or Executive Order 13211 can offer ‘‘reasonable and prudent authorized activities that we have On May 18, 2001, the President issued alternatives.’’ Reasonable and prudent identified as potential concerns are: Executive Order 13211 (Actions alternatives are alternative actions that (1) Regulation of activities affecting Concerning Regulations That can be implemented in a manner waters of the United States by the Significantly Affect Energy Supply, consistent with the scope of the Federal USACE under section 404 of the Clean Distribution, or Use) on regulations that agency’s legal authority and Water Act; significantly affect energy supply, jurisdiction, that are economically and (2) Regulation of water flows, water distribution, and use. Executive Order technologically feasible, and that would levels, water supply to urban and 13211 requires agencies to prepare avoid jeopardizing the continued agricultural users, and flood protection Statements of Energy Effects when existence of listed species or result in activities implemented or licensed by undertaking certain actions. This final adverse modification of critical habitat. Federal agencies; rule to designated critical habitat for the A Federal agency and an applicant may (3) Regulation of access, recreation, Cape Sable seaside sparrow is not elect to implement a reasonable and and conduct of land management expected to significantly affect energy prudent alternative associated with a activities such as prescribed burning supplies, distribution, or use (See biological opinion that has found and vegetation management by NPS; Appendix C of the final Economic jeopardy or adverse modification of (4) Construction and maintenance of Analysis for further discussion). critical habitat. An agency or applicant roads, buildings and facilities, and Therefore, this action is not a significant could alternatively choose to seek an hydrologic infrastructure such as pump energy action, and no Statement of exemption from the requirements of the stations, canals, and gauging stations; Energy Effects is required. Act or proceed without implementing (5) Hazard mitigation and post- the reasonable and prudent alternative. disaster repairs funded by the FEMA; Unfunded Mandates Reform Act (2 However, unless an exemption were and U.S.C. 1501 et seq.) obtained, the Federal agency or (6) Activities funded by the EPA, U.S. In accordance with the Unfunded applicant would be at risk of violating Department of Energy, or any other Mandates Reform Act (2 U.S.C. 1501 et section 7(a)(2) of the Act if it chose to Federal agency. seq.), we make the following findings:

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(a) This rule will not produce a Unfunded Mandates Reform Act would Civil Justice Reform Federal mandate. In general, a Federal not apply, nor would critical habitat In accordance with Executive Order mandate is a provision in legislation, shift the costs of the large entitlement 12988 (Civil Justice Reform), the Office statute, or regulation that would impose programs listed above on to State of the Solicitor has determined that the an enforceable duty upon State, local, or governments. rule does not unduly burden the judicial Tribal governments, or the private sector (b) We do not believe that this rule system and meets the requirements of and includes both ‘‘Federal will significantly or uniquely affect sections 3(a) and 3(b)(2) of the Order. intergovernmental mandates’’ and small governments because it will not We are designating critical habitat in ‘‘Federal private sector mandates.’’ produce a Federal mandate of $100 accordance with the provisions of the These terms are defined in 2 U.S.C. million or greater in any year; that is, it Act. This final rule uses standard 658(5)–(7). ‘‘Federal intergovernmental is not a ‘‘significant regulatory action’’ property descriptions and identifies the mandate’’ includes a regulation that under the Unfunded Mandates Reform PCEs within the designated areas to ‘‘would impose an enforceable duty Act. The designation of critical habitat assist the public in understanding the upon State, local, or tribal governments’’ imposes no obligations on State or local habitat needs of the Cape Sable seaside with two exceptions. It excludes ‘‘a governments. As such, a Small sparrow. condition of Federal assistance.’’ It also Government Agency Plan is not excludes ‘‘a duty arising from required. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) participation in a voluntary Federal Takings program,’’ unless the regulation ‘‘relates This rule does not contain any new to a then-existing Federal program In accordance with Executive Order collections of information that require under which $500,000,000 or more is 12630 (‘‘Government Actions and approval by OMB under the Paperwork Interference with Constitutionally provided annually to State, local, and Reduction Act. This rule will not Protected Private Property Rights’’), we tribal governments under entitlement impose recordkeeping or reporting have analyzed the potential takings authority,’’ if the provision would requirements on State or local implications of designating 84,865 ac ‘‘increase the stringency of conditions of governments, individuals, businesses, or (34,344 ha) within State- and Federally- assistance’’ or ‘‘place caps upon, or organizations. An agency may not owned conservation lands in southern otherwise decrease, the Federal conduct or sponsor, and a person is not Florida as critical habitat for the Cape Government’s responsibility to provide required to respond to a collection of Sable seaside sparrow in a takings funding’’ and the State, local, or Tribal information unless it displays a implication assessment. The takings governments ‘‘lack authority’’ to adjust currently valid OMB control number. implications assessment concludes that accordingly. (At the time of enactment, this final designation of critical habitat National Environmental Policy Act these entitlement programs were: does not pose significant takings (NEPA) (42 U.S.C. 4321 et seq.) Medicaid; AFDC work programs; Child implications for lands within or affected It is our position that, outside the Nutrition; Food Stamps; Social Services by the designation. Block Grants; Vocational Rehabilitation Jurisdiction of the Tenth Federal State Grants; Foster Care, Adoption Federalism Circuit, we do not need to prepare environmental analyses as defined by Assistance, and Independent Living; In accordance with Executive Order Family Support Welfare Services; and NEPA in connection with designating 13132 (Federalism), the rule does not critical habitat under the Endangered Child Support Enforcement.) ‘‘Federal have significant Federalism effects. A private sector mandate’’ includes a Species Act of 1973, as amended. We Federalism assessment is not required. published a notice outlining our reasons regulation that ‘‘would impose an In keeping with the Department of the enforceable duty upon the private for this determination in the Federal Interior and Department of Commerce Register on October 25, 1983 (48 FR sector, except (i) a condition of Federal policy, we requested information from, assistance; or (ii) a duty arising from 49244). This assertion was upheld in the and coordinated development of, this courts of the Ninth Circuit (Douglas participation in a voluntary Federal final critical habitat designation with County v. Babbitt, 48 F.3d 1495 (9th Cir. program.’’ appropriate State resource agencies in Ore. 1995), cert. denied 516 U.S. 1042 The designation of critical habitat Florida. The designation of critical (1996)). does not impose a legally binding duty habitat in areas currently occupied by on non-Federal government entities or the Cape Sable seaside sparrow may Government-to-Government private parties. Under the Act, the only impose nominal additional regulatory Relationship With Tribes regulatory effect is that Federal agencies restrictions to those currently in place In accordance with the President’s must ensure that their actions do not and, therefore, may have little memorandum of April 29, 1994, destroy or adversely modify critical incremental impact on State and local ‘‘Government-to-Government Relations habitat under section 7. While non- governments and their activities. The with Native American Tribal Federal entities who receive Federal designation may have some benefit to Governments’’ (59 FR 22951), Executive funding, assistance, permits or these governments in that the areas that Order 13175, and the Department of otherwise require approval or contain the features essential to the Interior’s manual at 512 DM 2, we authorization from a Federal agency for conservation of the species are more readily acknowledge our responsibility an action may be indirectly impacted by clearly defined, and the PCEs of the to communicate meaningfully with the designation of critical habitat, the habitat necessary to the conservation of recognized Federal Tribes on a legally binding duty to avoid the species are specifically identified. government-to-government basis. destruction or adverse modification of While making this definition and Secretarial Order 3206: American Indian critical habitat rests squarely on the identification does not alter where and Tribal Rights, Federal-Tribal Trust Federal agency. Furthermore, to the what federally sponsored activities may Responsibilities, and the Endangered extent that non-Federal entities are occur, it may assist these local Species Act. indirectly impacted because they governments in long-range planning The purpose of Secretarial Order 3206 receive Federal assistance or participate (rather than waiting for case-by-case (Secretarial Order) is to ‘‘clarif(y) the in a voluntary Federal aid program, the section 7 consultations to occur). responsibilities of the component

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agencies, bureaus, and offices of the PART 17—[AMENDED] excluding unsuitable habitat along the Department of the Interior and the borders based on interpretation of 2004 I Department of Commerce, when actions 1. The authority citation for part 17 Florida Digital Orthographic Quarter taken under authority of the Act and continues to read as follows: Quads and Landsat false-color satellite associated implementing regulations Authority: 16 U.S.C. 1361–1407; 16 U.S.C. imagery (a mosaic of color-balanced affect, or may affect, Indian lands, Tribal 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Landsat 7 Enhanced Thematic Mapper trust resources, or the exercise of 625, 100 Stat. 3500; unless otherwise noted. scenes from December 2003 to April 2004 using bands 5, 4, and 3). The American Indian tribal rights.’’ If there I 2. In § 17.95(b), revise the entry for projection represented in all mapping of is potential that a Tribal activity could ‘‘Cape Sable Sparrow (Ammospiza units is Universal Transverse Mercator cause either direct or incidental take of maritima mirabilis)’’ to read as follows: a species proposed for listing under the (UTM) Zone 17 North, NAD 83 Datum. Act, then meaningful government-to- § 17.95 Critical habitat—fish and wildlife. (5) Unit 1—Subpopulation B. government consultation will occur to * * * * * (i) General description: Unit 1— try to harmonize the Federal trust (b) Birds. subpopulation B consists of 39,053 ac (15,804 ha) of marl prairie habitat that responsibility to Tribes and Tribal * * * * * sovereignty with our statutory lies within Everglades National Park in southwestern Miami-Dade County. responsibilities under the Act. The Cape Sable Seaside Sparrow (Ammodramus maritimus mirabilis) (ii) Coordinates: From the Long Pine Secretarial Order also requires us to Key USGS 1:24,000 quadrangle map, consult with Tribes if the designation of (1) Critical habitat units are depicted Florida, land and water bounded by the an area as critical habitat might impact for Miami-Dade County, Florida, on the following UTM Zone 17 NAD 83 tribal trust resources, Tribally owned fee map at paragraph (10) of this entry. coordinates (E, N): 526917, 2808910; lands, or the exercise of Tribal rights. (2) The primary constituent elements 527089, 2808114; 527308, 2808109; While the critical habitat designation of critical habitat for the Cape Sable 528319, 2808057; 528750, 2807801; does not include any lands under Tribal seaside sparrow are the habitat 528903, 2807333; 529236, 2806425; ownership, the Miccosukee Tribe of components that provide: 529691, 2806032; 530946, 2805892; Indians of Florida has perpetual rights (i) Calcitic marl soils characteristic of 531630, 2805875; 532441, 2805501; to portions of ENP and Water the short-hydroperiod freshwater marl 532453, 2804873; 531446, 2803970; Conservation Area 3A which they prairies of the southern Everglades; 530870, 2803902; 530241, 2803890; utilize for traditional purposes. We have (ii) Herbaceous vegetation that 529854, 2803763; 529386, 2803611; excluded lands from the final critical includes greater than 15 percent 529182, 2803097; 529144, 2802662; habitat designation pursuant to section combined cover of live and standing 529296, 2802167; 529728, 2801965; 4(b)(2) of the Act which we believe dead vegetation of one or more of the 530138, 2801955; 530767, 2801940; would have the greatest impact on following species (when measured 531394, 2801843; 531909, 2801666; across an area of greater than 100 ft2 (9.3 532314, 2801438; 532312, 2801384; Tribal resources. We recognize the 2 Tribe’s concerns that the critical habitat m )): Muhly grass (Muhlenbergia 532262, 2800430; 531975, 2799918; designation, even with the exclusions, filipes), Florida little bluestem 531693, 2799543; 531425, 2798649; may result in indirect impacts to Tribal (Schizachyrium rhizomatum), black- 531410, 2798077; 531094, 2797430; resources on these lands. We are topped sedge (Schoenus nigricans), and 530664, 2796649; 530325, 2796193; cordgrass (Spartina bakeri); committed to continuing to work with 529846, 2795632; 529518, 2795640; (iii) Contiguous open habitat (Sparrow the Tribe collaboratively to address 528557, 2795500; 528065, 2795485; subpopulations require large, expansive, future issues related to or affected by 527787, 2795300; 527450, 2794981; contiguous habitat patches with few or designation of critical habitat. 527006, 2794692; 526591, 2794511; sparse woody shrubs or trees.); and 526017, 2794525; 525180, 2794982; References Cited (iv) Hydrologic regime such that the 524802, 2795155; 523987, 2795393; water depth, as measured from the 522696, 2796271; 522130, 2796639; A complete list of all references cited water surface down to the soil surface, 521206, 2796853; 520557, 2797169; in this rulemaking is available upon does not exceed 7.9 inches (20 cm) for 520072, 2797481; 519245, 2798319; request from the U.S. Fish and Wildlife more than 30 days during the period 518416, 2799104; 517970, 2799879; Service, South Florida Ecological from March 15 to June 30 at a frequency 517793, 2800456; 517534, 2801062; Services Office (see ADDRESSES). of more than 2 out of every 10 years. 517266, 2801260; 516889, 2801515; Author(s) (3) Critical habitat does not include 516474, 2802425; 516492, 2803162; manmade structures (such as buildings, 516515, 2804116; 516430, 2805100; The primary authors of this package aqueducts, airports, roads, and other 516586, 2805888; 517094, 2806530; are the South Florida Ecological paved areas) and the land on which they 517680, 2807007; 517877, 2807248; Services Office. are located on the effective date of this 518159, 2807596; 518527, 2808078; rule and not containing one or more of 519049, 2808174; 520226, 2808227; List of Subjects in 50 CFR Part 17 the primary constituent elements. 520856, 2808239; 521482, 2808115; (4) Critical Habitat Map Units. Data Endangered and threatened species, 521938, 2807749; 522335, 2807194; layers defining map units were created Exports, Imports, Reporting and 522567, 2806642; 522754, 2806447; using a GIS and adding activity areas recordkeeping requirements, 523349, 2806159; 523785, 2806121; around all Cape Sable seaside sparrow Transportation. 524093, 2806387; 524429, 2806706; point count survey coordinates 524846, 2806996; 525021, 2807428; Regulation Promulgation provided by the National Park Service at 525305, 2807858; 525560, 2808206; which sparrows have been recorded 525406, 2808619; 525663, 2809050; I Accordingly, we amend part 17, since 1981. These activity areas were 526296, 2809225; 526917, 2808910. subchapter B of chapter I, title 50 of the merged to form one large polygon, and (6) Unit 2—Subpopulation C. Code of Federal Regulations, as set forth the boundaries were further refined by (i) General description: Unit 2— below: delineating suitable sparrow habitat and subpopulation C consists of 7,951 ac

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(3,218 ha) of marl prairie habitat that Zone 17 NAD 83 coordinates (E, N): 533193, 2826031; 533510, 2825530; lies within Everglades National Park in 546623, 2805929; 547722, 2805064; 533777, 2825195; 534094, 2824694; western Miami-Dade County. 547780, 2804591; 548184, 2804651; 533885, 2824015; 533544, 2823558; (ii) Coordinates: From the Long Pine 548884, 2804634; 549599, 2804511; 533230, 2823045; 533211, 2822307; Key USGS 1:24,000 quadrangle map, 550164, 2804008; 550253, 2803378; 533415, 2821672; 533623, 2821174; Florida, land and water bounded by the 549944, 2802896; 549549, 2802504; 534292, 2820473; 534774, 2819968; following UTM Zone 17 NAD 83 549138, 2802148; 549024, 2801801; 534844, 2819501; 535075, 2818811; coordinates (E, N): 534909, 2812258; 549035, 2801539; 549039, 2800997; 535283, 2818368; 534879, 2817556; 535011, 2812832; 535192, 2813089; 549140, 2800122; 549122, 2799389; 534463, 2817375; 533609, 2817259; 535650, 2813200; 536001, 2813209; 548970, 2798904; 548373, 2798813; 531442, 2817339; 530965, 2816913; 536491, 2813232; 536722, 2813349; 547483, 2798958; 546821, 2799061; 530377, 2816462; 529199, 2816545; 536766, 2813714; 536778, 2814185; 545890, 2798962; 545532, 2798621; 528179, 2816378; 527947, 2815864; 536928, 2814601; 537297, 2814644; 545114, 2798003; 544479, 2797791; 527689, 2815432; 527085, 2815447; 537496, 2814936; 537501, 2815128; 543887, 2797946; 543689, 2798405; 526289, 2815439; 525570, 2815237; 537809, 2815540; 538341, 2815806; 543750, 2799468; 543726, 2799940; 525284, 2814779; 525270, 2814177; 538763, 2815900; 539200, 2815890; 543689, 2800535; 543343, 2800736; 525195, 2813357; 525067, 2812648; 539689, 2815825; 540446, 2815981; 542783, 2800715; 542331, 2800865; 523941, 2812621; 523173, 2812640; 540831, 2815972; 541166, 2816117; 541727, 2801212; 541556, 2801356; 522612, 2813283; 521991, 2813682; 541174, 2811281; 541550, 2811272; 541478, 2801759; 541479, 2802493; 521696, 2813963; 521545, 2814542; 541579, 2810820; 541603, 2810365; 541666, 2802977; 542234, 2803313; 521562, 2815253; 521603, 2815772; 541542, 2810035; 541376, 2809690; 542611, 2803670; 542775, 2803928; 521841, 2816533. 541211, 2809380; 541133, 2809067; 543425, 2804034; 544003, 2804037; (9) Unit 5—Subpopulation F. 541108, 2808754; 541296, 2808574; 544423, 2804027; 544605, 2804337; (i) General description: Unit 5— 541238, 2808331; 541146, 2808159; 544618, 2804843; 544595, 2805350; subpopulation F consists of 4,883 ac 540844, 2807992; 540792, 2807993; 544742, 2805626; 545170, 2805930; (1,976 ha) of marl prairie habitat that 540634, 2807979; 540542, 2807824; 545889, 2805999; 546623, 2805929. lies along the eastern boundary of 540538, 2807632; 540309, 2807586; (8) Unit 4—Subpopulation E. Everglades National Park in central 539756, 2807879; 539132, 2808138; (i) General description: Unit 4— Miami-Dade County. 538618, 2808605; 538734, 2809056; subpopulation E consists of 22,278 ac (ii) Coordinates: From the Grossman 538901, 2809401; 539067, 2809781; (9,016 ha) of marl prairie habitat that Hammock USGS 1:24,000 quadrangle 538637, 2810071; 538068, 2810417; lies within Everglades National Park in map, Florida, land and water bounded 537342, 2810784; 536684, 2811114; central Miami-Dade County. by the following UTM Zone 17 NAD 83 536178, 2811179; 535884, 2811326; (ii) Coordinates: From the Pahayokee coordinates (E, N): 541235, 2829890; 535598, 2811787; 535253, 2811988; Lookout Tower USGS 1:24,000 541864, 2829822; 542679, 2829488; 534909, 2812258; quadrangle map, Florida, land and 542727, 2827880; 542685, 2826187; (7) Unit 3—Subpopulation D. water bounded by the following UTM 542686, 2825087; 542692, 2823991; (i) General description: Unit 3— Zone 17 NAD 83 coordinates (E, N): 542685, 2823355; 542348, 2823192; subpopulation D consists of 10,700 ac 521841, 2816533; 525940, 2820239; 541263, 2823219; 540481, 2823430; (4,330 ha) of marl prairie habitat that 525968, 2820266; 526694, 2820741; 540440, 2823903; 539993, 2824245; lies within the Southern Glades Wildlife 527084, 2820978; 527388, 2821080; 539241, 2824264; 538593, 2824996; and Environmental Area and Everglades 527374, 2821600; 527360, 2822148; 538791, 2825899; 539239, 2826324; National Park, in southern Miami-Dade 527457, 2822748; 527735, 2822906; 539702, 2827361; 539928, 2828001; County, as depicted on Map 1. 528070, 2823117; 528417, 2823848; 540356, 2829021; 540489, 2829454; (ii) Coordinates: From the Royal Palm 529028, 2824134; 529238, 2824841; 540691, 2829833; 541235, 2829890. Ranger Station SE USGS 1:24,000 529250, 2825333; 529197, 2826539; (10) Note: Map of Designated Units quadrangle map, Florida, land and 529735, 2827183; 530668, 2827160; follows: water bounded by the following UTM 531953, 2826965; 532774, 2826835; BILLING CODE 4310–55–P

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* * * * * Dated: October, 24, 2007. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 07–5460 Filed 11–5–07; 8:45 am] BILLING CODE 4310–55–C

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Reader Aids Federal Register Vol. 72, No. 214 Tuesday, November 6, 2007

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 15 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 742...... 62524 743...... 62524 The United States Government Manual 741–6000 8195...... 62395 8196...... 62397 744...... 62524 Other Services 8197...... 62399 772...... 62524 Electronic and on-line services (voice) 741–6020 8198...... 62401 774...... 62524 Privacy Act Compilation 741–6064 8199...... 62403 20 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 8200...... 62555 TTY for the deaf-and-hard-of-hearing 741–6086 8201...... 62557 Proposed Rules: 404...... 62607 Executive Orders: 13067 (See Notice of 405...... 62607 ELECTRONIC RESEARCH November 1, 416...... 62607 616...... 62145 World Wide Web 2007) ...... 62407 13400 (See Notice of 21 CFR Full text of the daily Federal Register, CFR and other publications November 1, is located at: http://www.gpoaccess.gov/nara/index.html 2007) ...... 62407 558...... 62570 Proposed Rules: Federal Register information and research tools, including Public Administrative Orders: Inspection List, indexes, and links to GPO Access are located at: Notices: 101...... 62149 l http://www.archives.gov/federal register Notice of November 1, 22 CFR 2007 ...... 62407 E-mail 62...... 61800, 62112 7 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 24 CFR an open e-mail service that provides subscribers with a digital 301...... 62409 form of the Federal Register Table of Contents. The digital form 993...... 62409 3285...... 62308 of the Federal Register Table of Contents includes HTML and 1170...... 62105 26 CFR PDF links to the full text of each document. Proposed Rules: 47...... 61820 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 1...... 62608 Online mailing list archives, FEDREGTOC-L, Join or leave the list 51...... 62417 (or change settings); then follow the instructions. 56...... 62591 29 CFR 70...... 62591 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: service that notifies subscribers of recently enacted laws. 8 CFR 1401...... 62417 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 245...... 61791 32 CFR and select Join or leave the list (or change settings); then follow Proposed Rules: the instructions. 100...... 62593 706...... 62412 FEDREGTOC-L and PENS are mailing lists only. We cannot 103...... 61821 33 CFR respond to specific inquiries. 204...... 61821 212...... 62593 165...... 62117 Reference questions. Send questions and comments about the 214...... 61821 Proposed Rules: Federal Register system to: [email protected] 299...... 61821 165...... 62609, 62613 The Federal Register staff cannot interpret specific documents or regulations. 9 CFR 34 CFR 381...... 61793 668...... 62014 674...... 61960, 62014 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 11 CFR 676...... 62014 61791–62104...... 1 Proposed Rules: 682...... 61960, 62014 62105–62408...... 2 100...... 62600 685...... 61960, 62014 690...... 62014 62409–62558...... 5 104...... 62600 691...... 62014 62559–62766...... 6 12 CFR Proposed Rules: 36 CFR 308...... 62310 Proposed Rules: 363...... 62310 1191...... 61826 1193...... 61827 14 CFR 1194...... 61827 23...... 62105 1195...... 61828 39 ...... 61796, 62559, 62560, 62562, 62564, 62566, 62568 37 CFR 71 ...... 62107, 62108, 62110, 202...... 61801 62111, 62412 Proposed Rules: 40 CFR 39 ...... 61822, 61824, 62143 52 ...... 61806, 62119, 62338,

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62571, 62579 Proposed Rules: 14...... 61854 Proposed Rules: 60...... 62414 67 ...... 61828, 61850, 62178, 15...... 61854 571...... 62198 81...... 62414 62184, 62194 16...... 61854 579...... 62198 Proposed Rules: 19...... 61854 1114...... 62200 52 ...... 62175, 62420, 62422, 47 CFR 27...... 61854 1121...... 62200 62615, 62616 11...... 62123 30...... 61854 1150...... 62200 64...... 61813 31...... 61854 1180...... 62200 42 CFR Proposed Rules: 32...... 61854 411...... 62585 11...... 62195 42...... 61854 50 CFR 412...... 62585 74...... 62616 44...... 61854 413...... 62585 49...... 61854 17...... 62736 489...... 62585 48 CFR 52...... 61854 229...... 62587 Proposed Rules: 600...... 61815 44 CFR 2...... 61854 49 CFR 622...... 62415 65...... 62121 4...... 61854 571...... 62135 648...... 62416 67...... 61806 12...... 61854 585...... 62135 679...... 62590

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