10–2–07 Tuesday Vol. 72 No. 190 Oct. 2, 2007
Pages 56009–56240
VerDate Aug 31 2005 20:19 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\02OCWS.LOC 02OCWS pwalker on PROD1PC71 with PROPOSALS II Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register www.gpoaccess.gov/ nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 72 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.
.
VerDate Aug 31 2005 20:19 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\02OCWS.LOC 02OCWS pwalker on PROD1PC71 with PROPOSALS III
Contents Federal Register Vol. 72, No. 190
Tuesday, October 2, 2007
Agency for International Development PROPOSED RULES NOTICES Non-Federal entities authorized to operate installations; Agency information collection activities; proposals, procedures and support, 56021–56025 submissions, and approvals, 56041–56044 NOTICES Meetings: Meetings: International Food and Agriculture Development Board, Scientific Advisory Board, 56062 56045 Privacy Act; systems of records, 56062–56071
Agricultural Marketing Service Drug Enforcement Administration NOTICES NOTICES Agency information collection activities; proposals, Applications, hearings, determinations, etc.: submissions, and approvals, 56047 ISP Freetown Fine Chemicals, 56102
Agriculture Department Education Department See Agricultural Marketing Service NOTICES See Forest Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 56071–56072 Agency information collection activities; proposals, Energy Department submissions, and approvals, 56045–56047 See Federal Energy Regulatory Commission Alcohol, Tobacco, Firearms, and Explosives Bureau Environmental Protection Agency NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 56096–56102 U.S. Government Representative to Commission for Centers for Disease Control and Prevention Environmental Cooperation— National and Governmental Advisory Committees, NOTICES Meetings: 56073 Disease, Disability, and Injury Prevention and Control Executive Office of the President Special Emphasis Panels, 56075 See Presidential Documents Immunization Practices Advisory Committee, 56076 Infectious Diseases Scientific Counselors Board, 56076 Export-Import Bank NOTICES Coast Guard Meetings; Sunshine Act, 56074 RULES Drawbridge operations: Federal Aviation Administration North Carolina, 56013 RULES Ports and waterways safety; regulated navigation areas, IFR altitudes, 56009–56010 safety zones, security zones, etc.: NOTICES Cumberland River, Clarksville, TN, 56014–56015 Meetings: PROPOSED RULES Air Traffic Procedures Advisory Committee, 56121 Drawbridge operations: Louisiana, 56025–56027 Federal Communications Commission RULES Commerce Department Organization, functions, and authority delegations: See Industry and Security Bureau Public Safety Broadband Licensee governing board, See International Trade Administration 56015–56016 See National Oceanic and Atmospheric Administration NOTICES Rulemaking proceedings; petitions filed, granted, denied, Commodity Futures Trading Commission etc., 56074 NOTICES Meetings; Sunshine Act, 56061 Federal Energy Regulatory Commission NOTICES Corporation for National and Community Service Electric rate and corporate regulation combined filings, NOTICES 56072–56073 Agency information collection activities; proposals, submissions, and approvals, 56061–56062 Federal Highway Administration NOTICES Defense Department Meetings: RULES Automated toll collection systems; interoperability Non-Federal entities authorized to operate on DoD requirements, standards, or performance installations; support standardization, 56011–56013 specifications, 56121–56122
VerDate Aug<31>2005 20:20 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\02OCCN.SGM 02OCCN pwalker on PROD1PC71 with PROPOSALS2 IV Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Contents
Federal Railroad Administration See Minerals Management Service NOTICES See National Park Service Environmental statements; availability, etc.: See Reclamation Bureau California High Speed Train System from Bay Area to Central Valley, CA, 56122 International Trade Administration NOTICES Federal Transit Administration Antidumping: NOTICES Polyethylene terephthalate film, sheet, and strip from— Agency information collection activities; proposals, Korea, 56048–56052 submissions, and approvals, 56122–56123 Countervailing duties: Environmental statements; notice of intent: Dynamic random access memory semiconductors from— Bergen and Hudson Counties, NJ; Northern Branch Korea, 56052–56053 Corridor, 56123–56126 Justice Department Los Angeles, CA; Crenshaw-Prairie Transit Corridor; transit improvements, 56126–56128 See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration Maricopa County, AZ; high-capacity transit NOTICES improvements in I-10 West Corridor, 56128–56130 Agency information collection activities; proposals, submissions, and approvals, 56094–56096 Fish and Wildlife Service NOTICES Labor Department Endangered and threatened species: See Veterans Employment and Training Service Incidental take permits— NOTICES Livingston Parish, LA; red-cockaded woodpecker, Agency information collection activities; proposals, 56082–56083 submissions, and approvals, 56102 Endangered and threatened species permit applications, Senior Executive Service Performance Review Board; determinations, etc., 56079–56082 membership, 56103 Food and Drug Administration Land Management Bureau NOTICES NOTICES Agency information collection activities; proposals, Environmental statements; notice of intent: submissions, and approvals, 56076–56078 Custer County, SD; Dacotah Cement Dewey Conveyor Meetings: Project, 56083–56084 Science Board, 56078–56079 Reports and guidance documents; availability, etc.: Merit Systems Protection Board Swine respiratory disease claims; effectiveness studies; NOTICES recommended study design and evaluation, 56079 Senior Executive Service Performance Review Board; membership, 56104 Forest Service NOTICES Minerals Management Service Appealable decisions; legal notice: NOTICES Northern Region, 56047–56048 Agency information collection activities; proposals, submissions, and approvals, 56084–56093 Health and Human Services Department National Credit Union Administration See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration NOTICES Agency information collection activities; proposals, Organization, functions, and authority delegations: submissions, and approvals, 56104–56105 Office of Resources and Technology, 56074–56075 National Highway Traffic Safety Administration Homeland Security Department PROPOSED RULES Vehicle identification number requirements, 56027–56036 See Coast Guard NOTICES Agency information collection activities; proposals, Housing and Urban Development Department submissions, and approvals, 56130–56132 RULES Mortgage and loan insurance programs: National Institute for Literacy Single family mortgage insurance— NOTICES Defaulted mortgages; revisions, 56156–56161 Meetings: Advisory Board, 56105–56106 Industry and Security Bureau RULES National Oceanic and Atmospheric Administration Export administration regulations: RULES Commerce Control List— Fishery conservation and management: India: export and reexport license requirements, Alaska; fisheries of Exclusive Economic Zone— 56010–56011 Pacific cod, 56016–56018 PROPOSED RULES Interior Department Fishery conservation and management: See Fish and Wildlife Service Atlantic highly migratory species— See Land Management Bureau Atlantic bluefin tuna, 56036–56040
VerDate Aug<31>2005 20:20 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\02OCCN.SGM 02OCCN pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Contents V
NOTICES Meetings; Sunshine Act, 56109–56110 Marine mammals: Reports and guidance documents; availability, etc.: Incidental taking; authorization letters, etc.— Public Alert: Unregistered Soliciting Entities (PAUSE) Union Oil Co. of California et al.; Cook Inlet, AK; open program, 56110–56111 water seismic operations; beluga whales, Steller Self-regulatory organizations; proposed rule changes: sea lions, etc., 56053–56058 American Stock Exchange LLC, 56112–56114 Meetings: New York Stock Exchange LLC, 56114–56115 Gulf of Mexico Fishery Management Council, 56059 Philadelphia Stock Exchange, Inc., 56116–56120 Mid-Atlantic Fishery Management Council, 56059–56060 New England Fishery Management Council, 56060 Small Business Administration North Pacific Fishery Management Council, 56060–56061 NOTICES Disaster loan areas: National Park Service Idaho, 56120 NOTICES Missouri, 56120 Environmental statements; availability, etc.: Montana, 56120–56121 Great Smoky Mountains National Park, NC, 56093–56094 Oklahoma, 56121
National Science Foundation Transportation Department NOTICES See Federal Aviation Administration Meetings: See Federal Highway Administration Computer and Information Science and Engineering See Federal Railroad Administration Advisory Committee, 56106 See Federal Transit Administration Education and Human Resources Advisory Committee, See National Highway Traffic Safety Administration 56106 International Science and Engineering Advisory Treasury Department Committee, 56106 NOTICES Agency information collection activities; proposals, Nuclear Regulatory Commission submissions, and approvals, 56132 NOTICES Senior Executive Service Performance Review Board; Meetings; Sunshine Act, 56106–56107 membership, 56132–56134 Overseas Private Investment Corporation Veterans Affairs Department NOTICES Agency information collection activities; proposals, PROPOSED RULES submissions, and approvals, 56107 Compensation, pension, burial, and related benefits: Payments to beneficiaries who are eligible for more than Personnel Management Office one benefit, 56136–56154 NOTICES PROPOSED RULES Reemployment rights: Meetings: Federal employees detailed and transferred to Former Prisoners of War Advisory Committee, 56134 international organizations, 56019–56021 Veterans’ Advisory Committee on Education, 56134 Presidential Documents Veterans Employment and Training Service PROCLAMATIONS NOTICES Mexico; duty elimination for certain goods under the North Agency information collection activities; proposals, American Free Trade Agreement (Proc. 8180), 56169– submissions, and approvals, 56103–56104 56173 EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: Separate Parts In This Issue Continuance of certain Federal advisory committees (EO 13446), 56175–56178 Part II Interagency Adult Education Working Group; Veterans Affairs Department, 56136–56154 establishment (EO 13445), 56163–56167 Courts-Martial Manual, United States; amendments (EO Part III 13447), 56179–56239 Housing and Urban Development Department, 56156–56161 Reclamation Bureau Part IV NOTICES Executive Office of the President, Presidential Documents, Meetings: 56163–56167 Colorado River Basin Salinity Control Advisory Council, 56094 Part V Executive Office of the President, Presidential Documents, Securities and Exchange Commission 56169–56173, 56175–56239 NOTICES Agency information collection activities; proposals, submissions, and approvals, 56107–56108 Reader Aids Investment Company Act of 1940: Consult the Reader Aids section at the end of this issue for Claymore Exchange-Traded Fund Trust, et al., 56108– phone numbers, online resources, finding aids, reminders, 56109 and notice of recently enacted public laws.
VerDate Aug<31>2005 20:20 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\02OCCN.SGM 02OCCN pwalker on PROD1PC71 with PROPOSALS2 VI Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Contents
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
VerDate Aug<31>2005 20:20 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\02OCCN.SGM 02OCCN pwalker on PROD1PC71 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR 38 CFR Proclamations: Proposed Rules: 6641 (See 5...... 56136 Proclamation 8180) ...... 56171 47 CFR 8180...... 56171 1...... 56015 Executive Orders: 22...... 56015 11145 (Continued by 24...... 56015 EO 13446)...... 56175 27...... 56015 11183 (Continued by 90...... 56015 EO 13446)...... 56175 49 CFR 11287 (Continued by Proposed Rules: EO 13446)...... 56175 12131 (Continued by 565...... 56027 EO 13446)...... 56175 50 CFR 12196 (Continued by 679 (2 documents) ...... 56016, EO 13446)...... 56175 56017 12216 (Continued by Proposed Rules: EO 13446)...... 56175 635...... 56036 12367 (Continued by EO 13446)...... 56175 12382 (Continued by EO 13446)...... 56175 12473 (See EO 13447) ...... 56179 12905 (Continued by EO 13446)...... 56175 12994 (Amended by EO 13446)...... 56175 13226 (Continued by EO 13446)...... 56175 13231 (Continued by EO 13446)...... 56175 13237 (Continued by EO 13446)...... 56175 13256 (Continued by EO 13446)...... 56175 13262 (See EO 13447) ...... 56179 13265 (Continued by EO 13446)...... 56175 13270 (Continued by EO 13446)...... 56175 13369 (Revoked by EO 13446)...... 56175 13379 (See EO 13446) ...... 56175 13385 (Superseded in part by EO 13446)...... 56175 13386 (See EO 13446) ...... 56175 13445...... 56165 13446...... 56175 13447...... 56179 5 CFR Proposed Rules: 352...... 56019 14 CFR 95...... 56009 15 CFR 748...... 56010 24 CFR 203...... 56156 32 CFR 213...... 56011 Proposed Rules: 212...... 56021 33 CFR 117...... 56013 165...... 56014 Proposed Rules: 117...... 56025
VerDate Aug 31 2005 20:21 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\02OCLS.LOC 02OCLS pwalker on PROD1PC71 with PROPOSALS3 56009
Rules and Regulations Federal Register Vol. 72, No. 190
Tuesday, October 2, 2007
This section of the FEDERAL REGISTER OK 73169 (Mail Address: P.O. Box Conclusion contains regulatory documents having general 25082, Oklahoma City, OK 73125) The FAA has determined that this applicability and legal effect, most of which telephone: (405) 954–4164. are keyed to and codified in the Code of regulation only involves an established Federal Regulations, which is published under SUPPLEMENTARY INFORMATION: This body of technical regulations for which 50 titles pursuant to 44 U.S.C. 1510. amendment to part 95 of the Federal frequent and routine amendments are Aviation Regulations (14 CFR part 95) necessary to keep them operationally The Code of Federal Regulations is sold by current. It, therefore—(1) is not a the Superintendent of Documents. Prices of amends, suspends, or revokes IFR altitudes governing the operation of all ‘‘significant regulatory action’’ under new books are listed in the first FEDERAL Executive Order 12866; (2) is not a REGISTER issue of each week. aircraft in flight over a specified route or any portion of that route, as well as ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 the changeover points (COPs) for FR 11034; February 26, 1979); and (3) DEPARTMENT OF TRANSPORTATION Federal airways, jet routes, or direct does not warrant preparation of a routes as prescribed in part 95. Federal Aviation Administration regulatory evaluation as the anticipated The Rule impact is so minimal. For the same 14 CFR Part 95 reason, the FAA certifies that this The specified IFR altitudes, when amendment will not have a significant [Docket No. 30573; Amdt. No. 470] used in conjunction with the prescribed economic impact on a substantial IFR Altitudes; Miscellaneous changeover points for those routes, number of small entities under the Amendments ensure navigation aid coverage that is criteria of the Regulatory Flexibility Act. adequate for safe flight operations and List of Subjects in 14 CFR Part 95 AGENCY: Federal Aviation free of frequency interference. The Administration (FAA), DOT. reasons and circumstances that create Airspace, Navigation (air). ACTION: Final rule. the need for this amendment involve Issued in Washington, DC, on September matters of flight safety and operational 24, 2007. SUMMARY: This amendment adopts miscellaneous amendments to the efficiency in the National Airspace James J. Ballough, required IFR (instrument flight rules) System, are related to published Director, Flight Standards Service. aeronautical charts that are essential to altitudes and changeover points for Adoption of the Amendment certain Federal airways, jet routes, or the user, and provide for the safe and direct routes for which a minimum or efficient use of the navigable airspace. I Accordingly, pursuant to the authority maximum en route authorized IFR In addition, those various reasons or delegated to me by the Administrator, altitude is prescribed. This regulatory circumstances require making this part 95 of the Federal Aviation action is needed because of changes amendment effective before the next Regulations (14 CFR part 95) is occurring in the National Airspace scheduled charting and publication date amended as follows effective at 0901 System. These changes are designed to of the flight information to assure its UTC, October 25, 2007. provide for the safe and efficient use of timely availability to the user. The I 1. The authority citation for part 95 the navigable airspace under instrument effective date of this amendment reflects continues to read as follows: conditions in the affected areas. those considerations. In view of the Authority: 49 U.S.C. 106(g), 40103, 40106, DATES: Effective Date: 0901 UTC, close and immediate relationship 40113, 40114, 40120, 44502, 44514, 44719, October 25, 2007. between these regulatory changes and 44721. FOR FURTHER INFORMATION CONTACT: safety in air commerce, I find that notice PART 95—[AMENDED] Donald P. Pate, Flight Procedure and public procedure before adopting Standards Branch (AMCAFS–420), this amendment are impracticable and I 2. Part 95 is amended to read as Flight Technologies and Programs contrary to the public interest and that follows: Division, Flight Standards Service, good cause exists for making the Federal Aviation Administration, Mike amendment effective in less than 30 Revisions to IFR Altitudes & Monroney Aeronautical Center, 6500 days. Changeover Points Amendment 470 South MacArthur Blvd., Oklahoma City, Effective Date October 25, 2007
From To MEA MAA
§ 95.4000 High Altitude RNAV Routes § 95.4024 RNAV Route Q24 Is Amended to Read in Part
LAKE CHARLES, LA VORTAC ...... PAYTN, AL FIX ...... #*20000 45000 *18000—GPS MEA #DME/DME/IRU MEA
§ 95.4035 RNAV Route Q35 Is Added to Read
KIMBERLY, OR VORTAC ...... CORKR, AZ FIX ...... *29000 45000
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES 56010 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
From To MEA MAA
*DME/DME/IRU MEA
CORKR, AZ FIX ...... DRAKE, AZ VORTAC ...... *22000 45000 *DME/DME/IRU MEA From To MEA
§ 95.6001 Victor Routes—U.S. § 95.6012 VOR Federal Airway V12 Is Amended to Read in Part
NAPOLEON, MO VORTAC ...... FRANC, MO FIX ...... 3000 FRANC, MO FIX ...... COLUMBIA, MO VOR/DME ...... 2600 COLUMBIA, MO VOR/DME ...... STITH, MO FIX ...... *2600 *2100—MOCA STITH, MO FIX ...... FORISTELL, MO VORTAC ...... 2600
§ 95.6258 VOR Federal Airway V258 Is Amended to Read in Part
BECKLEY, WV VORTAC ...... ZOOMS, WV FIX ...... *10000 *6200—MOCA ZOOMS, WV FIX ...... ROANOKE, VA VORTAC ...... 6300
§ 95.6316 VOR Federal Airway V316 Is Amended to Read in Part
IRONWOOD, MI VORTAC ...... SAWYER, MI VOR/DME ...... *6000 *3600—MOCA
§ 95.6519 VOR Federal Airway V519 Is Amended to Read in Part
BLUEFIELD, WV VORTAC ...... BECKLEY, WV VORTAC ...... *9000 *6300—MOCA
[FR Doc. E7–19238 Filed 10–1–07; 8:45 am] ADDRESSES: You may submit comments, Review Committee, Bureau of Industry BILLING CODE 4910–13–P identified by RIN 0694–AE13 (VEU and Security, Department of Commerce, India), by any of the following methods: P.O. Box 273, Washington, DC 20044; by E-mail: [email protected]. telephone (202) 482–6105; or by e-mail Include ‘‘RIN 0694–AE13 (VEU India)’’ to [email protected]. DEPARTMENT OF COMMERCE in the subject line of the message. SUPPLEMENTARY INFORMATION: Fax: (202) 482–3355. Please alert the Bureau of Industry and Security Regulatory Policy Division, by calling Background (202) 482–2440, if you are faxing 15 CFR Part 748 comments. BIS amended the EAR in a final rule Mail or Hand Delivery/Courier: Sheila on June 19, 2007 (72 FR 33646) by [Docket No. 070824480–7482–01] Quarterman, U.S. Department of creating a new authorization for Commerce, Bureau of Industry and ‘‘validated end-users’’ (VEUs) located in eligible destinations to which eligible RIN 0694–AE13 Security, Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., items (commodities, software and Authorization Validated End-User: Room 2705, Washington, DC 20230, technology, except those controlled for Addition of India as an Eligible Attn: RIN 0694–AE13 (VEU India). missile technology or crime control Destination Send comments regarding the reasons) may be exported, reexported or collection of information associated transferred without a license. This AGENCY: Bureau of Industry and with this rule, including suggestions for authorization is set forth in section Security, Commerce. reducing the burden, to David Rostker, 748.15 of the EAR. This final rule ACTION: Final rule. Office of Management and Budget designates India in section 748.15 of the (OMB), by e-mail to EAR as an eligible destination for SUMMARY: In this final rule, the Bureau [email protected], or by fax exports, reexports and transfers under of Industry and Security (BIS) amends to (202) 395–7285; and to the Regulatory Authorization VEU. the Export Administration Regulations Policy Division, Bureau of Industry and Designating India as an eligible (EAR) to add India as an eligible Security, Department of Commerce, P.O. destination under Authorization VEU destination for exports, reexports and Box 273, Washington, DC 20044. builds upon the advances made in the transfers under Authorization Validated Comments on this collection of U.S.-India High Technology End-User (VEU). BIS established information should be submitted Cooperation Group (HTCG) and the Authorization VEU in a final rule separately from comments on the final Next Steps in Strategic Partnership published in the Federal Register. rule (i.e. RIN 0694–AE13 (VEU India))— (NSSP). Excellent cooperation in these DATES: This rule is effective October 2, all comments on the latter should be fora has enabled the United States to 2007. Although there is no formal submitted by one of the three methods reduce controls on the export of certain comment period, public comments on outlined above. dual-use items to India. Making India a this regulation are welcome on a FOR FURTHER INFORMATION CONTACT: destination eligible for Authorization continuing basis. Michael Rithmire, Chairman, End-User VEU is the logical next step in U.S.-
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56011
India bilateral collaboration in high- number 0694–0088 are not expected to Dated: September 25, 2007. technology trade. increase significantly as a result of this Christopher A. Padilla, Authorization VEU is intended to rule. Assistant Secretary for Export further streamline U.S.-India trade in 3. This rule does not contain policies Administration. dual-use technologies. It will authorize with Federalism implications as that [FR Doc. E7–19359 Filed 10–1–07; 8:45 am] the export, reexport and transfer of term is defined under Executive Order BILLING CODE 3510–33–P certain controlled U.S. technology 13132. without a license to end-users engaged 4. The provisions of the in civilian end-uses in India who have Administrative Procedure Act requiring demonstrated their ability to use DEPARTMENT OF DEFENSE notice of proposed rulemaking, the sensitive items responsibly. As India continues to demonstrate its opportunity for public participation, Office of the Secretary commitment to harmonize its export and a delay in effective date, are controls with those of the major inapplicable because this regulation 32 CFR Part 213 multilateral control regimes, BIS involves a military and foreign affairs anticipates that more end-users and function of the United States (5 U.S.C. [DOD–2006–OS–0107] items will be approved for 553(a)(1)). Further, no other law Authorization VEU. requires that a notice of proposed RIN 0790–AI18 rulemaking and an opportunity for This final rule amends paragraph (b) Support for Non-Federal Entities of section 748.15 of the EAR to add public comment be given for this final Authorized To Operate on DoD India as an eligible destination for rule. Because a notice of proposed Installations exports, reexports and transfers of dual- rulemaking and an opportunity for use items under Authorization VEU. public comment are not required to be AGENCY: Department of Defense. Since August 21, 2001, the Export given for this rule under the ACTION: Final rule. Administration Act has been in lapse Administrative Procedure Act or by any and the President, through Executive other law, the analytical requirements of SUMMARY: This rule establishes policy Order 13222 of August 17, 2001 (3 CFR, the Regulatory Flexibility Act (5 U.S.C. and assigns responsibilities under DoD 2001 Comp., p. 783 (2002)), as extended 601 et seq.) are not applicable. Directive 5124.8 for standardizing most recently by the Notice of August Therefore, this regulation is issued in support to non-Federal entities 15, 2007 (72 FR 46137, August 16, final form. Although there is not formal authorized to operate on DoD 2007), has continued the EAR in effect comment period, public comments on installations. It designates the Secretary under the International Emergency this regulation are welcome on a of the Army as the DoD executive agent Economic Powers Act. BIS continues to continuing basis. Comments should be for support to Boy Scout and Girl Scout carry out the provisions of the Act, as submitted to Sheila Quarterman, local councils and organizations in areas appropriate and to the extent permitted Regulatory Policy Division, Bureau of outside of the United States; support for by law, pursuant to Executive Order Industry and Security, Department of the national Boy Scout jamboree; the 13222. Commerce, P.O. Box 273, Washington, annual DoD audit of the American Red DC 20044. Rulemaking Cross (ARC) accounts and the List of Subjects in 15 CFR Part 748 subsequent report to Congress; and 1. This final rule has been determined necessary ARC deployment support. It to be not significant for purposes of Administrative practice and also designates the Secretary of the Air Executive Order 12866. procedure, Exports, Reporting and Force as the DoD executive agent for 2. Notwithstanding any other recordkeeping requirements. conducting the Armed Forces provision of law, no person is required I Entertainment program. It will have to respond to nor be subject to a penalty Accordingly, part 748 of the Export minimal impact on the public. for failure to comply with a collection Administration Regulations (15 CFR of information, subject to the Parts 730–799) is amended as follows: DATES: Effective Date: This rule is effective November 1, 2007. requirements of the Paperwork PART 748—[AMENDED] Reduction Act of 1995 (44 U.S.C. 3501 FOR FURTHER INFORMATION CONTACT: Pam et seq.) (PRA), unless that collection of I 1. The authority citation for 15 CFR Crespi, 703–602–5004. information displays a currently valid Part 748 continues to read as follows: SUPPLEMENTARY INFORMATION: On April Office of Management and Budget 18, 2007 (72 FR 19411) the Department (OMB) Control Number. This regulation Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, of Defense published a proposed rule for involves collections previously 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 public comment. No comments were approved by the OMB under control FR 44025, 3 CFR, 2001 Comp., p. 783; Notice received. number 0694–0088, ‘‘Multi-Purpose of August 3, 2006, 71 FR 44551 (August 7, Executive Order 12866, ‘‘Regulatory Application’’, which carries a burden 2006); Notice of August 15, 2007, 72 FR hour estimate of 58 minutes to prepare 46137 (August 16, 2007). Planning and Review’’ and submit form BIS–748; and for This regulatory action is not a recordkeeping, reporting and review I 2. Section 748.15 is amended by significant regulatory action, as defined requirements in connection with adding paragraph (b)(2) to read as by Executive Order 12866 and does not: Authorization Validated End-User, follows: (1) Have an annual effect to the which carries an estimated burden of 30 § 748.15 Authorization Validated End-User economy of $100 million or more or minutes per submission. This rule is (VEU). adversely affect in a material way the expected to result in a decrease in * * * * * economy; a section of the economy; license applications submitted to BIS. productivity; competition; jobs; the Total burden hours associated with the (b) * * * environment; public health or safety; or Paperwork Reduction Act and Office (2) India. State, local, or tribal governments or and Management and Budget control * * * * * communities;
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES 56012 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
(2) Create a serious inconsistency or § 213.1 Purpose. 1000.11 3 or the Civil Air Patrol otherwise interfere with an action taken (a) Authorizes 32 CFR part 212. according to 10 U.S.C. 2554, 2606 and or planned by another Agency; (b) Establishes policy and assigns 9441. (3) Materially alter the budgetary responsibilities under DoD Directive § 213.3 Definition. impact of entitlements, grants, user fees, 5124.8 1 for standardizing support to or loan programs, or the rights and non-Federal entities authorized to Non-federal entities. A non-Federal obligations of recipients thereof; or operate on DoD installations. entity is generally a self-sustaining, non- (4) Raise novel legal or policy issues (c) Designates the Secretary of the Federal person or organization, arising out of legal mandates, the Army as the DoD Executive Agent (DoD established, operated, and controlled by President’s priorities, or the principles EA) according to DoD Directive 5101.1: 2 any individual(s) acting outside the set forth in this Executive Order. (1) For DoD support to the Boy Scouts scope of any official capacity as officers, of America (BSA) and Girl Scouts of the employees, or agents of the Federal Unfunded Mandates Reform Act (Sec. Government. This Directive addresses 202, Pub. L. 104–4) United States of America (GSUSA) local councils and organizations in areas only those entities that may operate on The regulatory action does not outside of the United States 10 U.S.C. DoD installations with the express contain a Federal mandate that may 2606. DoD support will also cover the consent of the installation commander result in the expenditure by State, local periodic national jamboree according to or higher authority under applicable regulations. Non-Federal entities may and tribal governments, in aggregate, or 10 U.S.C. 2606. include elements of state, interstate, by the private sector, of $100 million or (2) To perform the annual audit of the Indian tribal, and local government, as more in any one year. American Red Cross (ARC) accounts well as private organizations. Public Law 96–354, ‘‘Regulatory and to prepare and submit the annual Flexibility Act’’ (5 U.S.C. 601) report to Congress according to 36 § 213.4 Policy. U.S.C. 300110. The regulatory action is not subject to It is DoD policy that: (3) To provide the ARC with the the Regulatory Flexibility Act (5 U.S.C. (a) DoD support for non-Federal necessary deployment support. 601) because it would not, if entities shall be in accordance with (d) Designates the Secretary of the Air promulgated, have a significant relevant statutes as well as DoD 5500.7– Force as the DoD EA responsible for 4 economic impact on a substantial R . In accordance with DoD 5500.7–R conducting the Armed Forces number of small entities. The rule and to avoid preferential treatment, DoD Entertainment (AFE) program. establishes policy and assigns executive support should be uniform, recognizing that non-Federal entity support of agent responsibilities but taken § 213.2 Applicability and scope. Service members and their families can cumulatively, those changes would not This part: have a significant impact on a be important to their welfare. (a) Applies to the Office of the (b) Under DoD Directive 5124.8 substantial number of small entities. Secretary of Defense, the Military procedures shall be established as Public Law 96–511, ‘‘Paperwork Departments, the Chairman of the Joint Instructions and agreements for the Reduction Act’’ (44 U.S.C. Chapter 35) Chiefs of Staff, the Combatant operation of non-Federal entities on Commands, the Office of the Inspector The regulatory action does impose DoD installations and for the General of the Department of Defense, reporting or recordkeeping requirements prohibition of official sanction, the Defense Agencies, the DoD Field under the Paperwork Reduction Act of endorsement, or support by the DoD Activities, and all other organizational 1995. Components and officials, except as entities within the Department of authorized by DoD 5500.7–R and Executive Order 13132, ‘‘Federalism’’ Defense (hereafter referred to applicable law. Instructions and The regulatory action does not have collectively as the ‘‘DoD Components’’) agreements must be compatible with the federalism implications, as set forth in and non-Federal entities authorized to primary mission of the Department and Executive Order 13132. This rule does operate on DoD installations. provide for Congressionally authorized not have substantial direct effects on: (b) Shall not revise, modify, or rescind support to non-Federal entities on DoD (1) The States; any Memorandum of Understanding installations. (2) The relationship between the (MOU) between a non-Federal entity (c) In accordance with DoD 5500.7–R, National Government and the States; or and the U.S. Government or the installation commanders or higher (3) The distribution of power and Department of Defense or their authority may authorize, in writing, responsibilities among the various implementing arrangements in existence logistical support for events, including levels of government. as of the effective date of this Directive. fundraising events, sponsored by non- Additionally, the Directive shall not Federal entities covered by this part. List of Subjects in 32 CFR Part 213 revise, modify, or rescind any MOU (d) Installation commanders or higher Federal buildings and facilities. between the Department of Justice (DoJ) authority may coordinate with non- I Accordingly, 32 CFR part 213 is and the Department of Defense that is in Federal entities in order to support added to read as follows: existence as of the effective date of this appropriated or nonappropriated fund Directive. Any such agreements shall, as activities on DoD installations, so long PART 213—SUPPORT FOR NON- they expire, come up for renewal, or as as the support provided by the non- FEDERAL ENTITIES AUTHORIZED TO circumstances otherwise permit, be Federal entities does not compete with OPERATE ON DOD INSTALLATIONS revised to conform to this Directive and appropriated or nonappropriated fund any implementing guidance. activities. Sec. (c) Does not apply to banks or credit (e) Non-Federal entities are not 213.1 Purpose. unions addressed in DoD Directive entitled to sovereign immunity and the 213.2 Applicability and scope. 213.3 Definition. 1 3 213.4 Policy. Copies may be obtained at http://www.dtic.mil/ Copies may be obtained at http://www.dtic.mil/ 213.5 Responsibilities. whs/directives/. whs/directives/. 2 Copies may be obtained at http://www.dtic.mil/ 4 Copies may be obtained at http://www.dtic.mil/ Authority: 10 U.S.C. 2554 and 2606. whs/directives/. whs/directives/.
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56013
privileges given to Federal entities and (2) Budget, fund, and maintain Commander (dpb), Fifth Coast Guard instrumentalities. accountability for approved District maintains the public docket for appropriated fund expenses. Develop this temporary deviation. § 213.5 Responsibilities. and implement supplemental guidance FOR FURTHER INFORMATION CONTACT: Gary (a) The Principal Deputy Under to identify allowable expenses and Secretary of Defense for Personnel and reimbursements. S. Heyer, Bridge Management Specialist, Readiness (PDUSD(P&R)), under the (3) Provide centralized services for Fifth Coast Guard District, at (757) 398– Under Secretary of Defense for selecting, declining, scheduling, and 6629. Personnel and Readiness, shall: processing entertainment groups for SUPPLEMENTARY INFORMATION: The (1) Be responsible for implementing overseas. Figure Eight Swing Bridge has a vertical all policy matters and Office of the (4) Designate a point of contact to clearance in the closed position to Secretary of Defense oversight of non- coordinate matters regarding the DoD vessels of 20 feet, above mean high Federal entities on DoD installations. EA responsibilities, functions, and water (MHW). Also, the vertical (2) Develop procedures and execute authorities. clearance in this location is limited to any necessary agreements to implement Dated: September 26, 2007. 85 feet, above MHW, by the overhead policy for the operation of non-Federal L.M. Bynum, power line. entities on DoD installations. (3) Assign responsibilities to the DoD Alternate OSD Federal Register Liaison The Figure Eight Homeowners Officer, DoD. Components to accomplish specific Association (the bridge owner) has oversight and administrative [FR Doc. E7–19449 Filed 10–1–07; 8:45 am] requested a temporary deviation from responsibilities with respect to non- BILLING CODE 5001–06–P the current operating regulations set out Federal entities operating on DoD in 33 CFR 117.821(a)(3) to close the installations. drawbridge to navigation to facilitate (4) Oversee the activities of the DEPARTMENT OF HOMELAND sandblasting, cleaning and painting of designated DoD EA, assessing the need SECURITY the bridge superstructure. for continuation, currency, Coast Guard To facilitate this operation, the Figure effectiveness, and efficiency of the DoD Eight Swing Bridge will be maintained EA according to 10 U.S.C. 2554 and 33 CFR Part 117 in the closed-to-navigation position 2606. Make recommendations for each day beginning November 1, 2007, establishment of additional DoD EA [CGD05–07–095] until January 31, 2008, from 6:30 p.m. assignments and arrangements as to 6 a.m., from 9 a.m. to 11 a.m., and necessary. Drawbridge Operation Regulations; from 1 p.m. to 4 p.m. In addition, (b) The Secretary of the Army, as the Atlantic Intracoastal Waterway (AIWW), commercial vessel openings will be designated DoD EA, and according to 10 at Scotts Hill, NC provided at night if at least three hours U.S.C. 2554 and 2606, shall: AGENCY: Coast Guard, DHS. notice is given by calling (910) 686– (1) Perform the audit of the annual ACTION: Notice of temporary deviation 0635 or via marine radio on Channel 13. ARC accounts and prepare and submit from regulations. At all other times, the drawbridge will the annual report according to 36 U.S.C. operate in accordance with 33 CFR 300110 and this part. SUMMARY: The Commander, Fifth Coast 117.821(a)(3). In accordance with 33 (2) Coordinate support to the BSA and Guard District, has approved a CFR 117.35(e), the drawbridge must GSUSA according to DoD Instruction temporary deviation from the return to its regular operating schedule 1015.9 5 and this part. regulations governing the operation of immediately at the end of the (3) Provide necessary deployment the Figure Eight Swing Bridge, at AIWW designated time period. This deviation support to ARC according to an mile 278.1, at Scotts Hill, NC. Beginning from the operating regulations is approved DoD and ARC MOU. Initially, November 1, 2007, until January 31, authorized under 33 CFR 117.35. the Army will cover costs, except those 2008, this deviation allows the We have analyzed this temporary paid by the ARC. The Army will then drawbridge to remain closed-to- deviation under Commandant be reimbursed, upon its request, by the navigation each day from 6:30 p.m. to 6 Instruction M16475.lD and Department entity directly benefiting from the ARC a.m., from 9 a.m. to 11 a.m., and from of Homeland Security Management support. 1 p.m. to 4 p.m., to facilitate Directive 5100.1, which guide the Coast (4) Designate a point of contact to sandblasting and painting operations. In Guard in complying with the National coordinate matters regarding the DoD addition, commercial vessel openings Environmental Policy Act of 1969 EA responsibilities, functions, and will be provided at night if at least three (NEPA) (42 U.S.C. 4321–4370f). The authorities. hours notice is given by calling (910) environmental impact that this (c) The Secretary of the Air Force, as 686–0635 or via marine radio on temporary deviation will have is the designated DoD EA with Channel 13. minimal because of the drawbridge responsibility for conducting the AFE DATES: This deviation is effective from being closed to vessels to perform program, shall administer the AFE 6:30 p.m. on November 1, 2007 to 6 a.m. routine repair and maintenance will not program according to 10 U.S.C. 2554 on January 31, 2008. result in a change in functional use, or and 2606, DoD Instruction 1330.13 6, ADDRESSES: Materials referred to in this an impact on a historically significant and this part to include the following: document are available for inspection or element or setting. (1) Annually determine with the other copying at Commander (dpb), Fifth Dated: September 21, 2007. DoD Components and the PDUSD(P&R) Coast Guard District, Federal Building, the scope of the program. 1st Floor, 431 Crawford Street, Waverly W. Gregory, Jr., Portsmouth, VA 23704–5004 between 8 Chief, Bridge Administration Branch, Fifth 5 Copies may be obtained at http://www.dtic.mil/ Coast Guard District. whs/directives/. a.m. and 4 p.m., Monday through 6 Copies may be obtained at http://www.dtic.mil/ Friday, except Federal holidays. The [FR Doc. E7–19414 Filed 10–1–07; 8:45 am] whs/directives/. telephone number is (757) 398–6222. BILLING CODE 4910–15–P
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES 56014 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
DEPARTMENT OF HOMELAND have not been completed. This RNA will be cancelled when the Coast Guard SECURITY continues to be needed to prevent determines that it is safe to open traffic further damage to the bridge and to to both sides of the R. J. Corman Coast Guard protect vessels transiting under the Railroad Bridge. bridge. 33 CFR Part 165 Small Entities Background and Purpose Under the Regulatory Flexibility Act [Docket No. CGD08–07–010] On March 29, 2007 at approximately (5 U.S.C. 601–612), we have considered RIN 1625–AA11 11:15 p.m., the R. J. Corman Railroad whether this rule would have a Bridge, located at MM 126.5 on the significant economic impact on a Regulated Navigation Area; Cumberland River (CMR) was struck by substantial number of small entities. Cumberland River, Clarksville, TN a barge being pushed by a towing vessel. The term ‘‘small entities’’ comprises AGENCY: Coast Guard, DHS. The bridge sustained extensive damage. small businesses, not-for-profit The Coast Guard set a safety zone at 7 ACTION: Temporary final rule. organizations that are independently p.m. on March 30, 2007 on the CMR owned and operated and are not SUMMARY: The Coast Guard is extending from MM 126 through MM 127 halting dominant in their fields, and the time period for a Regulated all vessel traffic until the structural governmental jurisdictions with Navigation Area (RNA) on the integrity of the bridge was evaluated. populations of less than 50,000. Cumberland River (CMR) mile marker The operator of the bridge reported to The Coast Guard certifies under 5 (MM) 126 to mile marker MM 127. All the Coast Guard that the bridge damage U.S.C. 605(b) that this rule would not vessel traffic transiting beneath the R. J. was isolated to the left descending bank have a significant economic impact on Corman Railroad Bridge at MM 126.5 is (LDB) bridge pier of the bridge above the a substantial number of small entities. restricted to the right descending bank waterline. The bridge operator also This RNA will not have an impact on (RDB) on the CMR and tows transiting informed the Coast Guard that vessels a substantial number of small entities this RNA cannot be wider than 80 feet could safely transit under the bridge on because this rule will not significantly or longer than 800 feet, excluding the the right descending bank (RDB) of the impact the regular flow of commercial length of the tow boat. The original RNA CMR. The Coast Guard is restricting vessel traffic conducting business ended August 2, 2007. This rule extends vessel movements to the RDB and is within the RNA. Further, the RNA will the ongoing RNA from September 4 to limiting tow sizes to ensure that vessels not have a significant impact because it October 31, 2007. pass safely under the bridge and do not will be in place for a limited period of DATES: This temporary rule is effective cause additional damage to the bridge. time. from 4 p.m. on August 31, 2007 through Bridge repairs were estimated to have If you think that your business, 11:30 a.m. October 31, 2007. been completed by early August 2007; organization, or governmental however, repair work will not be jurisdiction qualifies as a small entity ADDRESSES: The Coast Guard is not completed until late October 2007. soliciting comments on this temporary and that this rule would have a RNA. However, you may mail Discussion of Rule significant economic impact on it, comments and related material to Coast please submit a comment to Coast The Coast Guard is establishing a Guard Sector Ohio Valley at the address Guard Sector Ohio Valley, 600 Martin Regulated Navigation Area (RNA) on the Luther King Drive, Louisville, KY listed under ADDRESSES explaining why CMR mile marker (MM) 126 to mile you think it qualifies and how and to 40202, attention: Prevention marker MM 127. All vessel traffic Department. Comments and material what degree this rule would transiting beneath the R. J. Corman economically affect it. received from the public, as well as Railroad Bridge at MM 126.5 is documents indicated in this preamble as restricted to the RDB on the CMR and Assistance for Small Entities being available in the docket, will tows transiting this RNA cannot be Under section 213(a) of the Small become part of this docket and will be wider than 80 feet or longer than 800 Business Regulatory Enforcement available for inspection or copying at feet, excluding the length of the tow Fairness Act of 1996 (Pub. L. 104–121), Coast Guard Sector Ohio Valley between boat. This RNA is effective from 4 p.m. we want to assist small entities in 8 a.m. and 4 p.m., Monday through on August 31, 2007 through 11:30 a.m. understanding this rule so that they can Friday, except Federal holidays. October 31, 2007. This RNA may be better evaluate its effects on them and FOR FURTHER INFORMATION CONTACT: cancelled earlier if the Coast Guard participate in the rulemaking. If the rule LCDR Phillip Ison, Coast Guard Sector determines that it is safe for vessel would affect your small business, Ohio Valley, telephone (502) 779–5448. traffic to transit under the bridge span organization, or governmental SUPPLEMENTARY INFORMATION: adjacent to the LDB. jurisdiction and you have questions Regulatory Information Regulatory Evaluation concerning its provisions or options for compliance; please contact Sector Ohio The Coast Guard originally This rule is not a ‘‘significant Valley at (502) 779–5412. established this RNA on April 17, 2007. regulatory action’’ under section 3(f) of We did not publish a notice of proposed Executive Order 12866 and does not Collection of Information rulemaking (NPRM) for this regulation. require an assessment of potential costs This rule calls for no new collection Under 5 United States Code (USC) and benefits under section 6(a)(3) of that of information under the Paperwork 553(b)(B), the Coast Guard finds that Order. The Office of Management and Reduction Act of 1995 (44 U.S.C. 3501– good cause exists for not publishing a Budget has not reviewed it under that 3520). NPRM and under 5 U.S.C. 553(d)(3), Order. We expect the economic impact good cause exists for making this rule of this rule to be so minimal that a full Federalism effective immediately. The R. J. Corman regulatory evaluation is unnecessary. A rule has implications for federalism Railroad Bridge on the Cumberland Commercial vessel traffic including tow under Executive Order 13132, River was struck by a barge and was and barge traffic is being allowed to Federalism, if it has a substantial direct severely damaged. Repairs to this bridge move through this RNA and this RNA effect on State or local governments and
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56015
would either preempt State law or under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION impose a substantial direct cost of likely to have a significant adverse effect AREAS AND LIMITED ACCESS AREAS compliance on them. We have analyzed on the supply, distribution, or use of I this rule under that Order and have energy. It has not been designated by the 1. The authority citation for part 165 determined that it does not have Administrator of the Office of continues to read as follows: implications for federalism. Information and Regulatory Affairs as a Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR Unfunded Mandates Reform Act significant energy action. Therefore, it does not require a Statement of Energy 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. The Unfunded Mandates Reform Act Effects under Executive Order 13211. 107–295, 116 Stat. 2064; Department of of 1995 (2 U.S.C. 1531–1538) requires Homeland Security Delegation No. 0170.1. Federal agencies to assess the effects of Technical Standards I 2. Add § 165.T08–826 to read as their discretionary regulatory actions. In follows: The National Technology Transfer particular, the Act addresses actions and Advancement Act (NTTAA) (15 § 165.T08–826 Cumberland River, TN- that may result in the expenditure by a U.S.C. 272 note) directs agencies to use regulated navigation area. State, local, or tribal government, in the voluntary consensus standards in their aggregate, or by the private sector of (a) The following is a Regulated $100,000,000 or more in any one year. regulatory activities unless the agency Navigation Area (RNA): all waters of the Though this rule would not result in provides Congress, through the Office of Cumberland River (CMR) from MM 126 such an expenditure, we do discuss the Management and Budget, with an CMR to MM 127 CMR. effects of this rule elsewhere in this explanation of why using these (b) Within the RNA described in preamble. standards would be inconsistent with paragraph (a), vessels are restricted to applicable law or otherwise impractical. the right descending bank (RDB) of the Taking of Private Property Voluntary consensus standards are Cumberland River and tows cannot be This rule does not effect a taking of technical standards (e.g., specifications wider than 80 feet or longer than 800 private property or otherwise have of materials, performance, design, or feet, excluding the length of the tow taking implications under Executive operation; test methods; sampling boat. Order 12630, Governmental Actions and procedures; and related management (c) This rule is effective from 4 p.m. Interference with Constitutionally systems practices) that are developed or on August 31, 2007 through 11:30 a.m. Protected Property Rights. adopted by voluntary consensus October 31, 2007. standards bodies. Dated: September 7, 2007. Civil Justice Reform This rule does not use technical J.H. Korn, This rule meets applicable standards standards. Therefore, we did not Captain, U.S. Coast Guard, Acting in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus Commander, 8th Coast Guard Dist. Order 12988, Civil Justice Reform, to standards. [FR Doc. 07–4857 Filed 10–1–07; 8:45am] minimize litigation, eliminate BILLING CODE 4910–15–P ambiguity, and reduce burden. Environment Protection of Children We have analyzed this rule under We have analyzed this rule under Commandant Instruction M16475.1D FEDERAL COMMUNICATIONS Executive Order 13045, Protection of and Department of Homeland Security COMMISSION Management Directive 5100.1, which Children from Environmental Health 47 CFR Parts 1, 22, 24, 27, and 90 Risks and Safety Risks. This rule is not guide the Coast Guard in complying an economically significant rule and with the National Environmental Policy [WT Docket No. 06–150; CC Docket No. 94– does not create an environmental risk to Act of 1969 (NEPA) (42 U.S.C. 4321– 102; WT Docket No. 01–309; WT Docket health or risk to safety that might 4370f), and have made a preliminary No. 03–264; WT Docket No. 06–169; PS disproportionately affect children. determination that there are no factors Docket No. 06–229; WT Docket No. 96–86; in this case that would limit the use of FCC No. 07–171] Indian Tribal Governments a categorical exclusion under section Service Rules for the 698–806 MHz 2.B.2 of the Instruction. Therefore, we This rule does not have tribal Band and Revision of the believe that this rule should be implications under Executive Order Commission’s Rules Regarding categorically excluded, under figure 2– 13175, Consultation and Coordination Enhanced 911 Emergency Calling 1, paragraph (34)(g), of the Instruction, with Indian Tribal Governments, Systems, Wireless Radio Services, from further environmental because it does not have a substantial Hearing Aid-Compatible Telephones, documentation. This rule fits in direct effect on one or more Indian and Public Safety Spectrum paragraph (34)(g) because it is a tribes, on the relationship between the Requirements Federal Government and Indian tribes, regulated navigation area. A preliminary or on the distribution of power and ‘‘Environmental Analysis Check List’’ is AGENCY: Federal Communications responsibilities between the Federal available in the docket where indicated Commission. Government and Indian tribes. under ADDRESSES. ACTION: Final rule. List of Subjects in 33 CFR Part 165 Energy Effects SUMMARY: This document summarizes We have analyzed this rule under Harbors, Marine safety, Navigation an Order on Reconsideration adopted by Executive Order 13211, Actions (water), Reporting and recordkeeping the Commission in this proceeding. The Concerning Regulations That requirements, Security measures, Order on Reconsideration announces Significantly Affect Energy Supply, Waterways. changes to the composition of the Distribution, or Use. We have governing board of the Public Safety determined that it is not a ‘‘significant I For the reasons discussed in the Broadband Licensee (the board) as set energy action’’ under that order because preamble, the Coast Guard amends 33 forth in the Commission’s 700 MHz it is not a ‘‘significant regulatory action’’ CFR part 165 as follows: Second Report and Order (22 FCC Rcd
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES 56016 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
15289 (2007)) (Second Report and Number Association (NENA); the that increasing the number of at-large Order). The National Public Safety International Association of Chiefs of members from the current two to four Telecommunications Council (NPSTC) Police (IACP); the International would provide additional flexibility to is removed from the board. The Forestry Association of Fire Chiefs (IAFC); the maximize the effectiveness of the PSBL. Conservation Communications National Sheriffs’ Association; the Accordingly, four at-large members will Association (FCCA), the American International City/County Management be selected by the Public Safety and Association of State Highway and Association (ICMA); the National Homeland Security Bureau and the Transportation Officials (AASHTO), and Governor’s Association (NGA); the Wireless Telecommunications Bureau, the International Municipal Sign National Public Safety jointly on delegated authority. This will Association (IMSA) are added to the Telecommunications Council (NPSTC); bring the total number of board board. The board’s at-large members, and the National Association of State members to fifteen. jointly selected on delegated authority Emergency Medical Services Officials Ordering Clauses. Accordingly, it is by the Commission’s Public Safety and (NASEMSO). ordered that pursuant to sections 1, 2, Homeland Security Bureau and Wireless On September 14, 2007, 4(i), 5(c), 7, 10, 201, 202, 208, 301, 302, Telecommunications Bureau, are representatives of FCCA, AASHTO, and 303, 307, 308, 309, 310, 314, 316, 319, increased from two to four. These IMSA filed a notice of ex parte 324, 332, 333, 337 and 403 of the changes increase the total number of presentation recommending that the Communications Act of 1934, as board members from eleven to fifteen. Commission, on its own motion, add amended, 47 U.S.C. 151, 152, 154(i), DATES: Effective October 2, 2007. FCCA, AASHTO, and IMSA as voting 155(c), 157, 160, 201, 202, 208, 301, 302, members to the PSBL board of directors. FOR FURTHER INFORMATION CONTACT: 303, 307, 308, 309, 310, 314, 316, 319, For the reasons discussed below, the Carol Simpson, Public Safety and 324, 332, 333, 337 and 403, this order Commission makes certain changes to Homeland Security Bureau, at (202) on reconsideration in WT Docket No. the composition of the PSBL board of 418–2391, or [email protected]. 06–150, CC Docket No. 94–102, WT directors on our own motion. Docket No. 01–309, WT Docket No. 03– SUPPLEMENTARY INFORMATION: Discussion. As noted above, one of Background. On July 31, 2007, the 264, WT Docket No. 06–169, PS Docket our main criteria for the PSBL is that it No. 06–229, and WT Docket No. 96–86 Commission adopted a Second Report be as broadly representative of the and Order revising the rules governing is adopted. public safety community as possible. It is further ordered that, that the upper 700 MHz band. In the Second While the original nine organizations Report and Order, the Commission pursuant to 5 U.S.C. 553(d)(3) and 47 the Commission named would provide CFR 1.427(b), this order on redesignated ten megahertz of public a substantial degree of such safety 700 MHz spectrum (763–768/ reconsideration will become effective representation, the Commission finds upon publication in the Federal 793–798 MHz) for the purpose of that making the following changes to the Register. establishing a nationwide, interoperable board of directors would further serve It is further ordered that, pursuant to broadband public safety this particular criterion and the public Section 5(c) of the Communications Act communications network. In this regard, interest. First, the Commission names of 1934, as amended, 47 U.S.C. 5(c), the the Commission established a single FCCA, AASHTO, and IMSA as Wireless Telecommunications Bureau nationwide license for this spectrum— additional organizations to be and Public Safety and Homeland the Public Safety Broadband License. represented on the board as voting Security Bureau are granted delegated Further, the Commission stated that it members. FCCA was established in 1944 authority to implement the policies set would assign this license to a single and coordinates frequencies within the forth in this order on reconsideration. entity—the Public Safety Broadband Forestry—Conservation spectrum. In Licensee (PSBL). this capacity, FCCA provides services Federal Communications Commission. The Second Report and Order for forestry and conservation, police, William F. Caton, established certain criteria for the Public fire, EMS and local government Deputy Secretary. Safety Broadband Licensee eligibility, agencies. AASHTO represents highway [FR Doc. E7–19445 Filed 10–1–07; 8:45 am] including that no commercial interest and transportation departments in all 50 BILLING CODE 6712–01–P may be held in the PSBL, no states, the District of Columbia, and commercial interest may participate in Puerto Rico, including the air, highway, the management of the PSBL, the PSBL public transportation, rail, and water DEPARTMENT OF COMMERCE must be a non-profit organization, and transportation modes. IMSA dates back the PSBL must be broadly representative to 1896 and offers programs in a variety National Oceanic and Atmospheric of the public safety community. Further, of public safety disciplines including Administration the Second Report and Order requires public safety telecommunications, that the PSBL be governed by a voting traffic control, work zone safety, and fire 50 CFR Part 679 board consisting of eleven members, one detection and reporting systems. Based each from the nine organizations on the particular expertise each of these [Docket No. 070213033–7033–01] representative of public safety listed organizations represents, the RIN 0648–XD00 below, and two at-large members Commission finds that inclusion of selected by the Public Safety and these three organizations would further Fisheries of the Exclusive Economic Homeland Security Bureau and the help to broaden representation of the Zone Off Alaska; Pacific Cod by Wireless Telecommunications Bureau, public safety community in the PSBL Catcher Vessels Using Pot Gear in the jointly on delegated authority. The nine board of directors. Bering Sea and Aleutian Islands organizations that are to be represented Second, because FCCA, AASHTO, Management Area on the board, with each organization and IMSA are members of NPSTC, the represented by one voting board Commission will remove NPSTC as one AGENCY: National Marine Fisheries member, are: The Association of Public of the named organizations that may be Service (NMFS), National Oceanic and Safety Communications Officials represented as a voting member of the Atmospheric Administration (NOAA), (APCO); the National Emergency PSBL. Finally, the Commission finds Commerce.
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56017
ACTION: Temporary rule; closure. responding to the most recent fisheries Management Plan for Groundfish of the data in a timely fashion and would Bering Sea and Aleutian Islands SUMMARY: NMFS is prohibiting directed delay the closure of Pacific cod by Management Area (FMP) prepared by fishing for Pacific cod by catcher vessels catcher vessels using pot gear in the the North Pacific Fishery Management using pot gear in the Bering Sea and BSAI. NMFS was unable to publish a Council under authority of the Aleutian Islands management area notice providing time for public Magnuson-Stevens Fishery (BSAI). This action is necessary to comment because the most recent, Conservation and Management Act. prevent exceeding the 2007 directed relevant data only became available as Regulations governing fishing by U.S. fishing allowance (DFA) of Pacific cod of September 26, 2007. vessels in accordance with the FMP specified for catcher vessels using pot The AA also finds good cause to appear at subpart H of 50 CFR part 600 gear in the BSAI. waive the 30-day delay in the effective and 50 CFR part 679. DATES: Effective 1200 hrs, Alaska local date of this action under 5 U.S.C. The 2007 Pacific cod TAC allocated to time (A.l.t.), September 28, 2007, until 553(d)(3). This finding is based upon catcher processor vessels using pot gear 1200 hrs, A.l.t., December 31, 2007. the reasons provided above for waiver of in the BSAI as a DFA of 2,668 metric FOR FURTHER INFORMATION CONTACT: prior notice and opportunity for public tons is established by the 2007 and 2008 Jennifer Hogan, 907–586–7228. comment. final harvest specifications for groundfish in the BSAI (72 FR 9451, SUPPLEMENTARY INFORMATION: NMFS This action is required by § 679.20 March 2, 2007) and a reallocation (72 FR manages the groundfish fishery in the and is exempt from review under Executive Order 12866. 52493, September 14, 2007). See BSAI according to the Fishery § 679.20(c)(3)(iii) and (c)(5), and Management Plan for Groundfish of the Authority: 16 U.S.C. 1801 et seq. (a)(7)(i)(C). Bering Sea and Aleutian Islands Dated: September 26, 2007. In accordance with § 679.20(d)(1)(iii), Management Area (FMP) prepared by James P. Burgess the Administrator, Alaska Region, the North Pacific Fishery Management Acting Director, Office of Sustainable NMFS, has determined that the 2007 Council under authority of the Fisheries, National Marine Fisheries Service. Pacific cod TAC allocated to catcher Magnuson-Stevens Fishery [FR Doc. 07–4856 Filed 9–27–07; 2:13 pm] processor vessels using pot gear in the Conservation and Management Act. BILLING CODE 3510–22–S BSAI has been reached. Consequently, Regulations governing fishing by U.S. NMFS is prohibiting directed fishing for vessels in accordance with the FMP Pacific cod by catcher processor vessels appear at subpart H of 50 CFR part 600 DEPARTMENT OF COMMERCE using pot gear in the BSAI. and 50 CFR part 679. After the effective date of this closure The 2007 Pacific cod TAC allocated to National Oceanic and Atmospheric the maximum retainable amounts at catcher vessels using pot gear in the Administration § 679.20(e) and (f) apply at any time BSAI as a DFA of 12,129 metric tons is during a trip. established by the 2007 and 2008 final 50 CFR Part 679 harvest specifications for groundfish in Classification the BSAI (72 FR 9451, March 2, 2007) [Docket No. 070213033–7033–01] This action responds to the best and a reallocation (72 FR 52493, RIN 0648–XC99 available information recently obtained September 14, 2007). See from the fishery. The Assistant § 679.20(c)(3)(iii) and (c)(5), and Fisheries of the Exclusive Economic Administrator for Fisheries, NOAA (a)(7)(i)(C). Zone Off Alaska; Pacific Cod by (AA), finds good cause to waive the In accordance with § 679.20(d)(1)(iii), Catcher Processor Vessels Using Pot requirement to provide prior notice and the Administrator, Alaska Region, Gear in the Bering Sea and Aleutian opportunity for public comment NMFS, has determined that the 2007 Islands Management Area pursuant to the authority set forth at 5 Pacific cod TAC allocated to catcher U.S.C. 553(b)(B) as such requirement is AGENCY: National Marine Fisheries vessels using pot gear in the BSAI has impracticable and contrary to the public Service (NMFS), National Oceanic and been reached. Consequently, NMFS is interest. This requirement is Atmospheric Administration (NOAA), prohibiting directed fishing for Pacific impracticable and contrary to the public Commerce. cod by catcher vessels using pot gear in interest as it would prevent NMFS from the BSAI. ACTION: Temporary rule; closure. responding to the most recent fisheries data in a timely fashion and would After the effective date of this closure SUMMARY: NMFS is prohibiting directed delay the closure of Pacific cod by the maximum retainable amounts at fishing for Pacific cod by catcher catcher processor vessels using pot gear § 679.20(e) and (f) apply at any time processor vessels using pot gear in the during a trip. in the BSAI. NMFS was unable to Bering Sea and Aleutian Islands publish a notice providing time for Classification management area (BSAI). This action is public comment because the most necessary to prevent exceeding the 2007 This action responds to the best recent, relevant data only became directed fishing allowance (DFA) of available as of September 26, 2007. available information recently obtained Pacific cod specified for catcher from the fishery. The Assistant The AA also finds good cause to processor vessels using pot gear in the waive the 30-day delay in the effective Administrator for Fisheries, NOAA BSAI. (AA), finds good cause to waive the date of this action under 5 U.S.C. requirement to provide prior notice and DATES: Effective 1200 hrs, Alaska local 553(d)(3). This finding is based upon opportunity for public comment time (A.l.t.), September 28, 2007, until the reasons provided above for waiver of pursuant to the authority set forth at 5 1200 hrs, A.l.t., December 31, 2007. prior notice and opportunity for public U.S.C. 553(b)(B) as such requirement is FOR FURTHER INFORMATION CONTACT: comment. impracticable and contrary to the public Jennifer Hogan, 907–586–7228. This action is required by § 679.20 interest. This requirement is SUPPLEMENTARY INFORMATION: NMFS and is exempt from review under impracticable and contrary to the public manages the groundfish fishery in the Executive Order 12866. interest as it would prevent NMFS from BSAI according to the Fishery Authority: 16 U.S.C. 1801 et seq.
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES 56018 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
Dated: September 26, 2007. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 07–4855 Filed 9–27–07; 2:13 pm] BILLING CODE 3510–22–S
VerDate Aug<31>2005 15:26 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1 rmajette on PROD1PC64 with RULES 56019
Proposed Rules Federal Register Vol. 72, No. 190
Tuesday, October 2, 2007
This section of the FEDERAL REGISTER Public Law 105–277 amended the Office of Personnel Management. contains notices to the public of the proposed statute by eliminating employee Linda M. Springer, issuance of rules and regulations. The entitlement to be paid an ‘‘equalization Director. purpose of these notices is to give interested allowance’’ upon return to Federal Accordingly, OPM proposes to amend persons an opportunity to participate in the service. The equalization allowance was rule making prior to the adoption of the final part 352 of title 5, Code of Federal rules. a payment equal to the difference Regulations, as follows: between the pay, allowances, post differential, and other monetary benefits PART 352—REEMPLOYMENT RIGHTS OFFICE OF PERSONNEL paid by the international organization MANAGEMENT and the pay, allowances, post Subpart C—Detail and Transfer of differential, and other monetary benefits Federal Employees to International 5 CFR Part 352 that would have been paid by the Organizations employing agency had the employee RIN 3206–AI19 1. The authority citation for part 352, been detailed to the international subpart C, continues to read: Reemployment Rights organization. Because of this amendment, an employee who Authority: 5 U.S.C. 3584, E.O. 11552, 3 AGENCY: Office of Personnel transferred, with the consent of the CFR, 1966–1970 Comp., p. 954; Section Management. employing agency, to an international 352.313 also issued under 5 U.S.C. 7701, et seq. ACTION: Notice of proposed rulemaking. organization on or after October 21, 1998, is entitled, upon reemployment, § 352.303 [Removed and reserved] SUMMARY: The Office of Personnel only to the rate of basic pay the Management (OPM) proposes to amend 2. Section 352.303 is removed and employee would have received had the reserved. its regulations on the detail and transfer employee remained in the civil service. of Federal employees to international 3. Section 352.304 is revised to read We have removed section 352.310 of the as follows: organizations. The proposed changes current regulations to reflect this will make the regulation consistent with change. § 352.304 International organizations recent statutory changes on determining covered. the rate of basic pay an employee is We have revised section § 352.309, to provide for easier understanding of (a) An agency may detail or transfer entitled to receive when reemployed an employee under this subpart, after service with an international agency responsibilities and employee entitlements, and explain action without prior approval, to an organization. The changes also organization which the Department of modernize regulatory language. required to retain an employee’s coverage under the retirement, health State has designated as an international DATES: Submit comments on or before benefits, and group life insurance organization. December 3, 2007. system when the employee transfers to (b) An agency may detail or transfer ADDRESSES: You may submit comments, an international organization. an employee under this subpart to any identified by RIN number, by any of the In addition, the revised regulation other public international organization following methods: clarifies that the Department of State, or international organization • Federal eRulemaking Portal: http:// preparatory commission only when the www.regulations.gov. Follow the rather than OPM, is delegated the authority for designating any Department of State agrees that the instructions for submitting comments. organization concerned could be • E-mail: [email protected]. Include organization as an international organization. designated as an international ‘‘RIN 3206-AI19’’ in the subject line of organization covered by sections 3343 the message. This revision also modernizes and 3581 of title 5, United States Code. • Fax: (202) 606–2329. regulatory language. • 4. Section 352.305 is revised to read Mail: Angela Bailey, Deputy Regulatory Flexibility Act as follows: Associate Director, Center for Talent and Capacity Policy, Division for I certify that these regulations will not § 352.305 Eligibility for detail. Strategic Human Resources Policy, U.S. have a significant economic impact on An employee is eligible for detail to Office of Personnel Management, Room a substantial number of small entities an international organization with the 6551, 1900 E Street, NW., Washington, because the regulations pertain only to rights provided for in, and in DC 20415–9700. Federal employees and agencies. accordance with, section 3343 of title 5, • Hand Delivery/Courier: OPM, Room United States Code, and this subpart, 6500, 1900 E Street, NW., Washington, Executive Order 12866, Regulatory Review except the following: DC 20415. (a) A Presidential appointee (other FOR FURTHER INFORMATION CONTACT: Pam This rule has been reviewed by the than a postmaster, a Foreign Service Galemore at (202) 606–0960, FAX at Office of Management and Budget in officer, or a Foreign Service information (202) 606–2329, TDD at (202) 418–3134, accordance with Executive Order 12866. officer), regardless of whether the or e-mail at [email protected]. List of Subjects in 5 CFR Part 352 appointment was made by and with the SUPPLEMENTARY INFORMATION: This advice and consent of the Senate. regulation is being revised for Administrative practice and (b) A person serving in the executive consistency with section 3582(b) of title procedure, Government employees, branch in a confidential or policy- 5, United States Code. Section 2504 of Reemployment rights. determining position excepted from the
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56020 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
competitive service under Schedule C of life insurance coverage, as applicable, period covered by the deposit. If the part 213 of this chapter. for the duration of the assignment or contributions are not currently (c) A person serving under a non- transfer. The notice must explain the deposited, coverage terminates on the career, limited emergency, or limited conditions for continued coverage and last day of the pay period for which the term appointment in the SES. the employee’s obligations and required contributions were currently (d) A person serving under a responsibilities with regard to deposited, subject to a 31-day extension temporary appointment. continued coverage. The notice must of group life insurance and health 5. Section 352.306 is revised to read also explain that, if the employee elects benefits coverage as provided in parts as follows: to retain coverage, the agency will 870 and 890 of this chapter and to the continue to make the agency conversion benefits provided in parts § 352.306 Length of details. contributions to the funds, and the 870 and 890 of this chapter. Coverage so A detail or series of details must not employee’s coverage will continue as terminated may not be re-established exceed 5 consecutive years, except that long as employee payments are before the employee actually enters on when the Secretary of State, on the currently deposited in the respective duty, on the first day in a pay status in recommendation of the head of the funds. an agency. However, terminated agency, determines it to be in the (b) Employee Action. The employee retirement, health benefits, and group national interest, the 5-year detail may must acknowledge, in writing, receipt of life insurance coverage must be be extended for up to an additional 3 the notice and state whether or not he reinstated retroactively when, in the years. A detail or series of details or or she wishes to retain coverage under judgment of OPM, the failure to make combination of details and transfers the retirement, health benefits, and the required current deposit was due to must not exceed 8 years in the aggregate group life insurance systems or any of circumstances beyond the employee’s throughout an employee’s Federal them by continuing the required control and the required payments were career. employee payments. The employee deposited at the first opportunity. 6. Section 352.308 is amended by must make a written election to retain Coverage under a system other than the revising paragraph (d) to read as benefits, as applicable, and make civil service retirement system must be follows: arrangements for the required employee reinstated retroactively if the agency payments. An employee who transfers which administers the retirement § 352.308 Effecting employment by to an international organization is not transfer. system determines that the failure to eligible to participate in the Thrift make the required current deposit was * * * * * Savings Plan (TSP) while employed by due to circumstances beyond the control (d) Recording requirement. The the international organization even if he of the employee and the required agency must furnish the employee with or she elects to retain Federal retirement payments were deposited at the first a leave statement, showing the annual coverage. However, upon opportunity. and sick leave balances at the time of reemployment, an employee who transfer. In addition, the notification of elected to retain Federal retirement § 352.310 [Removed and reserved] personnel action effecting the coverage while employed by the 8. Section 352.310 is removed and employee’s separation for transfer, must international organization and has made reserved. include: all deposits required for such coverage 9. Sections 352.311 through 352.314 (1) Identification of the international may make contributions to the TSP are revised to read as follows: organization to which the employee is which he or she missed as a result of the transferring, service with an international § 352.311 Reemployment. (2) A clear statement of the period of organization, and receive make-up (a) An employee who transferred to an consent, during which the employee has agency contributions and lost earnings international organization with the reemployment rights in the agency on the agency contributions, as consent of the employing agency is under section 3582 of title 5, United provided under § 352.311(e). entitled to be reemployed in his or her States Code, and this subpart, and (c) Agency responsibility. For former position, or one of like seniority, (3) The legal and regulatory retirement and group life insurance status, and pay within 30 days of conditions for reemployment. purposes, the employing agency is applying for reemployment if the 7. Section 352.309 is revised to read responsible for determining the employee: as follows: applicable rate of pay in accordance (1) Is separated, either voluntarily or with the provisions of section 3583 of involuntarily, without cause, within the § 352.309 Retirement, health benefits, and title 5, United States Code. The agency term of employment with an group life insurance. is also responsible for collecting, international organization; and (a) Agency action. An employee who accounting for, and depositing in the (2) Applies for reemployment with is transferred to an international respective funds all retirement, health the employing agency or its successor organization is entitled to retain benefits, and group life insurance no later than 90 days after separation coverage for retirement, health benefits, employee payments required to be made from the international organization. and group life insurance purposes if he for the purpose of protecting the rights (b) Pay upon reemployment will be or she so chooses. The period during of the employee so transferred; and for set at that to which the employee would which coverage, rights, and benefits are accounting for and depositing in the have been entitled had the employee retained under this paragraph, during respective funds all agency remained with the employing agency. employment with the international contributions. The agency must furnish (c) When an employee’s organization, is deemed employment by the employee with specific information reemployment right is to a position in the United States. At the time an as to how, when, and where the the SES, reemployment may be to any employing Federal agency consents to payments are to be submitted. position in the SES for which the the transfer of an employee, the agency (d) Coverage. Employee payments are employee is qualified. The employee must advise the employee in writing of considered to be currently deposited if must be returned at not less than the the employee’s right to continue received by the agency before, during, or SES rate of basic pay as determined retirement, health benefits, and group within 3 months after the end of the pay under 5 CFR part 534, subpart D, at
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56021
which the employee was being paid Protection Board under the provisions organizations authorized to operate on immediately before transfer to the of the Board’s regulations. DoD installations. international organization, or if pay has DATES: Comments must be received by been adjusted under § 352.314(c), at not § 352.314 Consideration for promotion and pay increases. December 3, 2007. less than the adjusted pay level. ADDRESSES: You may submit comments, (a) The employing agency must (d) The period of separation caused by identified by docket number and or RIN consider an employee who is detailed or the employment of the employee with number and title, by any of the transferred to an international the international organization and the following methods: period necessary to effect reemployment organization for all promotions for • Federal eRulemaking Portal: http:// are creditable service for all appropriate which the employee would be www.regulations.gov. Follow the civil service employment purposes. considered if not absent. A promotion instructions for submitting comments. based on this consideration is effective • (e) An employee who elected to retain Mail: Federal Docket Management on the date it would have been effective Federal retirement coverage while System Office, 1160 Defense Pentagon, if the employee were not absent. employed by the international Washington, DC 20301–1160. (b) When the position of an employee organization and has made all deposits Instructions: All submissions received who is absent on detail or transfer to an required for such coverage may make must include the agency name and international organization is upgraded contributions to the TSP which he or docket number or Regulatory during the employee’s absence, the she missed as a result of the service Information Number (RIN) for this employing agency must place the with the international organization, and Federal Register document. The general employee in the upgraded position. receive make-up agency contributions policy for comments and other (c) The employing agency must and lost earnings on the agency submissions from members of the public consider an employee who is detailed or contributions, consistent with is to make these submissions available transferred to an international applicable TSP requirements. for public viewing on the Internet at organization from an ungraded pay http://regulations.gov as they are § 352.312 When to apply. system for all pay increases for which received without change, including any the employee would be considered if An employee may apply for personal identifiers or contact not absent. An increase is effective on reemployment, in writing, either before information. the date it would have been effective if or after separation from the FOR FURTHER INFORMATION CONTACT: Pam the employee were not absent. international organization. If the Crespi, 703–602–5004. employee applies before separation, the [FR Doc. E7–19447 Filed 10–1–07; 8:45 am] SUPPLEMENTARY INFORMATION: 30-day period prescribed in § 352.311 BILLING CODE 6325–39–P Executive Order 12866, ‘‘Regulatory begins either with the date of the Planning and Review’’ application or 30 days before the employee’s date of separation from the DEPARTMENT OF DEFENSE It has been determined that 32 CFR international organization, whichever is part 123 is not a significant regulatory later. If the employee applies for Office of the Secretary action. The rule does not: reemployment after separation, the (1) Have an annual effect to the application must be received by the 32 CFR Part 212 economy of $100 million or more or employing agency no later than 90 days adversely affect in a material way the after separation from the international [DoD–2006–OS–0041; 0790–AB04] economy; a section of the economy; organization. productivity; competition; jobs; the Procedures and Support for Non- environment; public health or safety; or § 352.313 Failure to reemploy and right of Federal Entities Authorized To Operate State, local, or tribal governments or appeal. on Department of Defense (DoD) communities; (a) When an agency fails to reemploy Installations (2) Create a serious inconsistency or otherwise interfere with an action taken an employee within 30 days of receiving AGENCY: Department of Defense. the employee’s application, it must or planned by another Agency; ACTION: Proposed rule. notify the employee, in writing, of the (3) Materially alter the budgetary impact of entitlements, grants, user fees, reasons and of the employee’s right to SUMMARY: This rule proposed to update or loan programs, or the rights and appeal to the Merit Systems Protection responsibilities and procedures to obligations of recipients thereof; or Board under the provisions of the define and reestablish a framework for Board’s regulations. The agency must (4) Raise novel legal or policy issues non-Federal entities (NFEs) (previously arising out of legal mandates, the comply with the provisions of § 1201.21 called private organizations) authorized of this title. President’s priorities, or the principles to operate on DoD installations. set forth in this Executive Order. (b) If the agency fails to reach and Requires heads of DoD Components to issue a decision to the employee within conduct periodic reviews of facilities, Unfunded Mandates Reform Act (Sec. 30 days from the date of the application programs, services, and membership 202, Pub. L. 104–4) for reemployment, the employee is provisions of NFEs operating on DoD It has been certified that this rule does entitled to appeal the agency’s failure to installations and authorizes installation not contain a Federal mandate that may issue a decision to the Merit Systems commanders or higher authority to result in the expenditure by State, local Protection Board under the provisions determine if an NFE detracts from DoD and tribal governments, in aggregate, or of the Board’s regulations. programs and to eliminate duplication. by the private sector, of $100 million or (c) An employee may submit an Identifies those NFEs having statutory more in any one year. appeal, alleging that the agency has authorization for particular support and failed to comply with any of the other restates DoD policy on sponsorship of Public Law 96–354, ‘‘Regulatory provisions of sections 3343 and 3581– NFEs by DoD personnel acting in an Flexibility Act’’ (5 U.S.C. 601) 3584 of title 5, United States Code, or official capacity, specifically as it It has been certified that this rule is of this part, to the Merit Systems applies to chartering Boy Scout not subject to the Regulatory Flexibility
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56022 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
Act (5 U.S.C. 601) because it would not, Field Activities, and all other surcharge, or nonappropriated funds if promulgated, have a significant organizational entities within the (NAF) in support of these organizations. economic impact on a substantial Department of Defense (hereafter number of small entities. The rule referred to collectively as the ‘‘DoD § 212.5 Responsibilities. makes some changes in the regulation Components’’). (a) The Principal Deputy Under and updates some references but taken (2) Non-Federal entities authorized to Secretary of Defense for Personnel and cumulatively, those changes would not operate on DoD installations. Readiness, under the authority and have a significant impact on a (b) This part shall not apply to: guidance of the Under Secretary of substantial number of small entities. (1) Military relief societies. Defense for Personnel and Readiness, (2) Banks or credit unions according shall be responsible for implementing Public Law 96–511, ‘‘Paperwork to DoD Directive 1000.11.1 policy and oversight of non-Federal Reduction Act’’ (44 U.S.C. Chapter 35) (3) Support provided under entities on DoD installations. It has been certified that this rule does Innovative Readiness Training (b) The Heads of the DoD Components impose reporting or recordkeeping according to DoD Directive 1100.20.2 shall: requirements under the Paperwork (1) Implement this part. Reduction Act of 1995. The reporting § 212.3 Definitions. (2) Be aware of all non-Federal and recordkeeping requirements have (a) Non-Federal Entities. A non- entities operating under their been submitted to OMB for review. Federal entity is generally a self- jurisdiction. sustaining, non-Federal organization, (3) Conduct reviews to ensure Executive Order 13132, ‘‘Federalism’’ incorporated or unincorporated. This installation commanders periodically It has been certified that this rule does Instruction addresses only those entities review facilities, programs, and services not have federalism implications, as set that operate on DoD installations with provided by non-Federal entities forth in Executive Order 13132. This the express consent of the installation operating on DoD installations. Also, rule does not have substantial direct commander or higher authority. installation commanders will review effects on: Membership of these organizations membership provisions and the original (1) The States; consists of individuals acting purpose for which each organization (2) The relationship between the exclusively outside the scope of any was originally approved. Substantial National Government and the States; or official capacity as officers, employees, changes to those original conditions (3) The distribution of power and or agents of the Federal Government. shall necessitate further review, responsibilities among the various Non-Federal entities may include documentation, and approval for levels of government. elements of State, interstate, Indian continued permission to operate on the List of Subjects in 32 CFR Part 212 tribal, and local governments as well as installation. Armed forces, Foreign relations, private organizations. § 212.6 Procedures. Statistics, Taxes. (b) United States. As used in this part, the 50 States, the District of Columbia, (a) To prevent the appearance of Accordingly, 32 CFR part 212 is the Commonwealth of Puerto Rico, the official sanction or support by the proposed to be revised to read as Commonwealth of the Northern Department of Defense: follows: (1) Non-Federal entities may not use Marianas Islands, the U.S. Virgin the seals, logos, or insignia of the Islands, Guam, American Samoa, PART 212—PROCEDURES AND Department of Defense or any DoD Johnston Atoll, Kingman Reef, Midway SUPPORT FOR NON-FEDERAL Component, DoD organizational unit, or Island, Nassau Island, Palmyra Island, ENTITIES AUTHORIZED TO OPERATE DoD installation on organization Wake Island, and any other territory or ON DEPARTMENT OF DEFENSE (DOD) letterhead, correspondence, titles, or in possession of the United States, and INSTALLATIONS association with organization programs, associated navigable waters, including locations, or activities. Sec. the territorial seas. (2) Non-Federal entities operating on 212.1 Purpose. (c) DoD Installation. A location, DoD installations may use the name or 212.2 Applicability. facility, or activity owned, leased, abbreviation of the Department of 212.3 Definitions. assigned to, controlled, or occupied by Defense, a DoD Component, 212.4 Policy. a DoD Component. 212.5 Responsibilities. organizational unit, or installation in its 212.6 Procedures. § 212.4 Policy. name provided that its status as a non- Appendix A to Part 212–Non-Federal Entities It is DoD policy that procedures be Federal entity is apparent and Having Statutory Authorization for unambiguous and there is no Particular Support established for the operation of non- Federal entities on DoD installations to appearance of official sanction or § 212.1 Purpose. prevent official sanction, endorsement, support by the Department of Defense. This part updates responsibilities and or support by the DoD Components The following applies: procedures to define and reestablish a except as authorized in DoD 5500.7–R 3 (i) The non-Federal entity must have framework for non-Federal entities and applicable law. Non-Federal entities approval from the head of the authorized to operate on DoD are not entitled to sovereign immunity appropriate DoD organization before installations. and privileges accorded to Federal using the name or abbreviation. entities and instrumentalities. The DoD (ii) Any use of the name or § 212.2 Applicability. Components shall take action to abbreviation of a DoD Component, (a) This part applies to: preclude unauthorized expenditures of organizational unit, or installation must (1) The Office of the Secretary of appropriated funds, commissary not mislead members of the public to Defense, the Military Departments, the assume a non-Federal entity is an Chairman of the Joint Chiefs of Staff, the 1 Copies may be obtained at http://www.dtic.mil/ organizational unit of the Department of Combatant Commands, the Office of the whs/directives/. Defense. Inspector General of the Department of 2 See footnote 1 to § 212.2(b)(2). (iii) A non-Federal entity must Defense, the Defense Agencies, the DoD 3 See footnote 1 to § 212.2(b)(2). prominently display the following
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56023
disclaimer on all print and electronic can be found in DoD Instruction and membership drives are governed by media mentioning the entity’s name 1015.9.4 DoD 5500.7–R. confirming that the entity is not a part (i) In accordance with DoD 5500.7–R, (f) Non-Federal entities are not of the Department of Defense: ‘‘THIS IS DoD personnel acting in an official entitled to DoD support. However, A NON-FEDERAL ENTITY. IT IS NOT capacity shall not execute charters that support may be provided when it is A PART OF THE DEPARTMENT OF serve as the legal basis for the creation consistent with the military mission of DEFENSE OR ANY OF ITS of Boy Scouts organizations (including the DoD Component concerned. Such COMPONENTS AND IT HAS NO Boy Scouts, Cub Scout Packs, or support may be provided only when it GOVERNMENTAL STATUS.’’ This Venturer Crews). can be offered within the capability of disclaimer must also be provided in (ii) While such chartering is not the installation commander without appropriate oral communications and allowed, nothing in this part is intended detriment to the commander’s ability to public announcements when the name to preclude DoD support to Boy Scouts fulfill the military mission and when it of the entity is used. authorized by other DoD Instructions, to is permitted under applicable Status of preclude Boy Scouts activities on DoD (b) Activities of non-Federal entities Forces Agreements. The DoD installations, or to preclude DoD Components may provide logistical covered by this Instruction shall not in personnel in their personal capacity support to non-Federal entities with any way prejudice or discredit the DoD from sponsoring Boy Scouts appropriated funds according to DoD Components or other Federal organizations. Existing charters 5500.7–R and applicable law. NAFI Government Agencies. executed by DoD personnel in their funds or assets shall not be directly or (c) Installation commanders shall official capacity shall be terminated, or indirectly transferred to non-Federal approve written agreements that amended to substitute sponsorship by entities according to DoD Instruction indicate permission to operate on the an appropriate individual, volunteer, 1015.14 7 (Reference (h)). installation and any logistical support groups or organization, consistent with (g) Personal and professional that will be provided. DoD personnel DoD policy.5 participation in non-Federal entities by acting in an official capacity will not (d) A non-Federal entity covered by DoD employees is governed by DoD execute any charter that will serve as this part shall not offer programs or 5500.7–R. DoD personnel acting in an the legal basis for the non-Federal services on DoD installations that official capacity will not execute entity. The nature, function, and compete with appropriated or NAF charters that serve as the legal basis for objectives of a non-Federal entity activities, but may, when specifically any non-Federal entity or other private covered by this Instruction shall be authorized, supplement those activities. organization. delineated in a written constitution, by- (1) Installation commanders, or higher (h) Neither appropriated fund laws, charter, articles of agreement, or authorities, will determine if the activities nor NAFIs may assert any other authorization documents before services of a non-Federal entity conflict claim to the assets, or incur or assume receiving approval from the installation with or detract from local DoD any obligation, of any non-Federal commander to operate on the programs. The cognizant commander entity covered by this Instruction, installation. That documentation shall has discretionary authority over the except as may arise out of contractual also include: operations of non-Federal entities on relationships. Property shall not be (1) Description of eligible membership DoD installations. Commanders are abandoned on the installation by a non- in the non-Federal entity. authorized to eliminate duplication of Federal entity and may only be acquired by the DoD installation by purchase or (i) No person because of race, color, services, particularly when these services compete with the installation’s through donation. creed, sex, age, disability, or national (i) The non-Federal entity shall have origin shall be unlawfully denied revenue-generating activities. (2) Background checks are required adequate insurance, as defined by the membership, unlawfully excluded from for employees and volunteers of non- DoD Component concerned, to protect participation, or otherwise subjected to Federal entities who have contact with against liability and property damage unlawful discrimination by any non- children under the age of 18 in DoD claims or other legal actions that may Federal entity or other private operated, contracted, or community- arise due to its activities, its acting organization covered by this part. based programs, which are used to members, or the operation of its (ii) Installation commanders will supplement or expand child care or equipment or devices. The DoD distribute information on procedures for youth services, according to DoD Components will not assume liability individuals to follow when they suspect Instruction 1402.5.6 (through insurance or other means) for unlawful discrimination by the (e) Non-Federal entities covered by any activities or assets of non-Federal organization. this part shall be self-sustaining, entities. (2) Designation of management primarily through dues, contributions, (j) Non-Federal entities shall comply responsibilities, including the service charges, fees, or special with applicable fire and safety accountability for assets, satisfaction of assessment of members. There shall be regulations, environmental laws, local, liabilities, disposition of any residual no financial assistance to such an entity State, and Federal tax codes; and any assets on dissolution, and other from a NAF Instrumentality (NAFI) in other applicable statutes or regulations. documentation that shows responsible the form of contributions, repairs, (k) Income shall not accrue to financial management. services, dividends, or other donations individual members of a non-Federal entity except through wages and salaries (3) A certification indicating that of money or other assets. Fundraising as employees of the non-Federal entity members understand they are 4 or as award recognition for services personally liable if the assets of the non- See footnote 1 to § 212.2(b)(2). 5 Paragraph mandated by ‘‘Partial Settlement rendered to the non-Federal entity or Federal entity are insufficient to Agreement Between Plaintiffs and Secretary military community. This prohibition is discharge all liabilities. Rumsfield’’, United States District Court for the not meant to preclude operation of (4) Guidance relating to professional Northern District of Illinois, Eastern Division, No. 1999 CV 02424 (Eugene Winkler, et al., v. Chicago investment clubs, in which the scouting organizations operating at U.S. School Reform Board of Trustees, et al.) military installations located overseas 6 See footnote 1 to § 212.2(b)(2). 7 See footnote 1 to § 212.2(b)(1).
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56024 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
investment of members’ personal funds programs based upon their affiliation activities and funds. The DoD result in a return on investment directly with the non-Federal entity. Components shall establish the basis and solely to the individual members. (m) Non-Federal entities that have upon which such informal activities and (l) Employees of non-Federal entities statutory authorization for particular funds shall operate. are not employees of the United States support are listed at Appendix A to this or of an instrumentality of the United part. Appendix A to Part 212—Non-Federal States. Applicable laws on labor (n) Certain unofficial activities Entities Having Statutory Authorization standards for employment shall be conducted on DoD installations do not for Particular Support observed, including worker’s need formal authorization because of Many non-Federal entities have statutory compensation insurance. Employees of the limited scope of their activities. and/or Department authorization for non-Federal entities shall not Examples are office coffee funds, flower particular support. Most are listed as follows: participate in NAF employee benefit funds, and similar small, informal
Non-federal entity Authority
Certain banks and credit unions ...... 12 United States Code (U.S.C.) 1770. United Service Organizations ...... 36 U.S.C. 220101. Memorandum of Understanding (MOU). Labor organizations ...... 5 U.S.C. Chapter 71. DoD 1400.25–M, 8 subchapter 711. Combined Federal Campaign ...... E.O. 12353. 5 CFR 950. DoD Directive 5035.1.9 DoD Instruction 5035.5.10 American Registry of Pathology ...... 10 U.S.C. 177. Henry M. Jackson Foundation for the Advancement of Military Medicine 10 U.S.C. 178. American National Red Cross ...... 10 U.S.C. 2552. 10 U.S.C. 2602. Secretary of the Army Memorandum. MOU. Boy Scouts Jamborees 11 ...... 10 U.S.C. 2554. Girl Scouts International Events (Transportation) ...... 10 U.S.C. 2555. DoD Instruction 1015.14. Shelter for Homeless ...... 10 U.S.C. 2556. National Military Associations; Assistance at National Conventions ...... 10 U.S.C. 2558. DoD Directive 5410.18.12 DoD Instruction 5410.19.13 National Veterans’ Organizations (Beds and Barracks) ...... 10 U.S.C. 2551. United Seamen’s Service Organization ...... 10 U.S.C. 2604. MOU. Scouting: Cooperation and Assistance in Foreign Areas ...... 10 U.S.C. 2606. DoD Instruction 1015.14. Civil Air Patrol ...... 10 U.S.C. 9441. 10 U.S.C. 9442. 36 U.S.C. 40301. Assistance for certain youth and charitable organizations ...... 32 U.S.C. 508. DoD Directive 1100.20. Presidential Inaugural Ceremonies ...... 10 U.S.C. 2553 Specified Sporting Events (Olympics) ...... 10 U.S.C. 2564. DoD Directive 2000.15.14 Fire Protection Agreements ...... 42 U.S.C. 1856. Armed Services Young Men’s Christian Association ...... 10 U.S.C. 2012. 10 U.S.C. 4744. 32 U.S.C. 508. MOU. The Military Department of each State and territory ...... 32 U.S.C. 101 8 See footnote 1 to § 212.2(b)(2). 9 See footnote 1 to § 212.2(b)(2). 10 See footnote 1 to § 212.2(b)(2). 11 A Federal district judge has ruled that support to the Boy Scouts under 10 U.S.C. § 2554 is unconstitutional, and has enjoined DoD from pro- viding future support under that statute. DoD has appealed that order. Unless the order is overturned on appeal, DoD cannot provide any support to the Boy Scouts using this statute. Contact your local legal office for further guidance. 12 See footnote 1 to § 212.2(b)(2). 13 See footnote 1 to § 212.2(b)(2). 14 See footnote 1 to § 212.2(b)(2).
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4700 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56025
September 26, 2007. comments and related material. If you Concurrent with the publication of L.M. Bynum, do so, please include your name and the Notice of Proposed Rulemaking, a Alternate OSD Federal Register Liaison address, identify the docket number for Test Deviation [CGD08–07–022], has Officer, DoD. this rulemaking [CGD08–07–023], been issued to allow St. Martin Parish [FR Doc. E7–19446 Filed 10–1–07; 8:45 am] indicate the specific section of this to test the proposed schedule and to BILLING CODE 5001–06–P document to which each comment obtain data and public comments. The applies, and give the reason for each test period will be in effect during the comment. Please submit all comments entire Notice of Proposed Rulemaking and related material in an unbound comment period. The Coast Guard will DEPARTMENT OF HOMELAND 1 SECURITY format, no larger than 8 ⁄2 by 11 inches, review the logs of the drawbridge and suitable for copying. If you would like evaluate public comments from this Coast Guard to know they reached us, please enclose Notice of Proposed Rulemaking and the a stamped, self-addressed postcard or above referenced Temporary Deviation 33 CFR Part 117 envelope. We will consider all to determine if a permanent special comments and material received during drawbridge operating regulation is [Docket No. CGD08–07–023] the comment period. We may change warranted. RIN 1625–AA09 this proposed rule in view of them. The Test Deviation allows the draw of the Stephensville Bridge to open on Drawbridge Operation Regulations; Public Meeting signal if at least one hour of advance Milhomme Bayou, Stephensville, LA We do not now plan to hold a public notice is given. During the advance meeting. You may submit a request for notice period, the draw shall open on AGENCY: Coast Guard, DHS. a meeting by writing to Commander, less than one hour notice for an ACTION: Notice of proposed rulemaking. Eighth Coast Guard District, Bridge emergency and shall open on demand Administration Branch at the address SUMMARY: The Coast Guard proposes to should a temporary surge in waterway under ADDRESSES explaining why one change the regulation governing the traffic occur. would be beneficial. If we determine operation of the Stephensville Bridge that one would aid this rulemaking, we Discussion of Proposed Rule across Milhomme Bayou, mile 12.2, at will hold one at a time and place The proposed rule change to 33 CFR Stephensville, St. Martin Parish, announced by a later notice in the part 117 would require that a one hour Louisiana. Currently the bridge opens Federal Register. advance notice be given for St. Martin on signal, but due to the minimal parish to open the Stephensville Bridge. waterway traffic, the bridge owner Background and Purpose requested this change. The proposed Presently and historically the waterway St. Martin Parish has requested that has minimal waterway traffic and the rule will require the draw of the bridge the operating regulation on the to open on signal if at least one hour of bridge owner could use the tenders Stephensville Bridge be changed in more efficiently if at least one hour advance notice is given. During the order to operate the bridge more advance notice period, the draw shall notice is required. During emergencies, efficiently. The Stephensville Bridge the bridge owner will open the bridge as open on less than one hour notice for an locate on Milhomme Bayou at mile 12.2 emergency, and shall open on demand soon as possible and open on demand in Stephensville, St. Martin Parish, when a surge in waterway traffic occurs. should a temporary surge in waterway Louisiana has a vertical clearance of 5.8 traffic occur. feet above mean high water, elevation Regulatory Evaluation DATES: Comments and related material 3.5 feet Mean Sea Level (MSL) in the This proposed rule is not a must reach the Coast Guard on or before closed position and unlimited in the ‘‘significant regulatory action’’ under December 3, 2007. open position. The Stephensville Bridge section 3(f) of Executive Order 12866, ADDRESSES: You may mail comments opens on signal as required by 33 CFR Regulatory Planning and Review, and and related material to Commander 117.5, and this operating schedule has does not require an assessment of (dpb), Eighth Coast Guard District, 500 been in effect since 2002 when the potential costs and benefits under Poydras Street, New Orleans, Louisiana current bridge replaced an existing section 6(a)(3) of that Order. The Office 70130–3310. The Commander, Eighth bridge in the area. The previous bridge’s of Management and Budget has not Coast Guard District, Bridge operating schedule was, ‘‘shall open on reviewed it under that Order. It is not Administration Branch maintains the signal; except that, from 10 p.m. to 6 ‘‘significant’’ under the regulatory public docket for this rulemaking. a.m. the draw shall open on signal if at policies and procedures of the Comments and material received from least two hours notice is given. During Department of Homeland Security. the public, as well as documents the advance notice period, the draw We expect the economic impact of indicated in this preamble as being shall open on less than two hours notice this proposed rule to be so minimal that available in the docket, will become part for an emergency and shall open on a full Regulatory Evaluation is of this docket and will be available for demand should a temporary surge in unnecessary. inspection or copying at the Bridge waterway traffic occur.’’ A special regulation existed on the Administration office between 7 a.m. Since the completion of the current replaced bridge and the Coast Guard did and 3 p.m., Monday through Friday, bridge, the waterway traffic has been not receive complaints regarding the except Federal holidays. minimal and during the past twelve drawbridge operating schedule during FOR FURTHER INFORMATION CONTACT: Bart months an average of 5 boats per day the many years that bridge was operated Marcules, Bridge Administration have requested an opening. Most of the under a special regulation. The current Branch, telephone (504) 671–2128. boats requesting openings are and historical waterway traffic is very SUPPLEMENTARY INFORMATION: commercial vessels consisting of minimal with an average of 5 signals to tugboats with barges and shrimp open a day and most signals come from Request for Comments trawlers that routinely transit this commercial vessels able to schedule an We encourage you to participate in waterway and are able to give advance opening. The bridge is also only this rulemaking by submitting notice. requiring a one hour advance notice,
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56026 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
and will open as soon as possible for Federalism Energy Effects emergencies. Also the bridge will open on demand should a temporary surge in A rule has implications for federalism We have analyzed this proposed rule waterway traffic occur. under Executive Order 13132, under Executive Order 13211, Actions Federalism, if it has a substantial direct Concerning Regulations That Small Entities effect on State or local governments and Significantly Affect Energy Supply, would either preempt State law or Distribution, or Use. We have Under the Regulatory Flexibility Act impose a substantial direct cost of determined that it is not a ‘‘significant (5 U.S.C. 601–612), we have considered compliance on them. We have analyzed energy action’’ under that order because whether this proposed rule would have this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ a significant economic impact on a have determined that it does not have under Executive Order 12866 and is not substantial number of small entities. implications for federalism. likely to have a significant adverse effect The term ‘‘small entities’’ comprises on the supply, distribution, or use of Unfunded Mandates Reform Act small businesses, not-for-profit energy. The Administrator of the Office organizations that are independently The Unfunded Mandates Reform Act of Information and Regulatory Affairs owned and operated and are not of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant dominant in their fields, and Federal agencies to assess the effects of energy action. Therefore, it does not governmental jurisdictions with their discretionary regulatory actions. In require a Statement of Energy Effects populations of less than 50,000. particular, the Act addresses actions under Executive Order 13211. The Coast Guard certifies under 5 that may result in the expenditure by a Technical Standards U.S.C. 605(b) that this proposed rule State, local, or tribal government, in the would not have a significant economic aggregate, or by the private sector of The National Technology Transfer impact on a substantial number of small $100,000,000 or more in any one year. and Advancement Act (NTTAA) (15 entities. This proposed rule would affect Though this proposed rule will not U.S.C. 272 note) directs agencies to use a limited number of small entities. result in such an expenditure, we do voluntary consensus standards in their These entities include operators of tug discuss the effects of this rule elsewhere regulatory activities unless the agency boats and trawlers using the waterway. in this preamble. provides Congress, through the Office of This proposed rule will have no impact Taking of Private Property Management and Budget, with an on any small entities because they are explanation of why using these able to give notice prior to transiting This proposed rule would not affect a standards would be inconsistent with through this bridge and most vessel taking of private property or otherwise applicable law or otherwise impractical. operators that require an opening are have taking implications under Voluntary consensus standards are currently providing advance notice. Executive Order 12630, Governmental technical standards (e.g., specifications If you think that your business, Actions and Interference with of materials, performance, design, or organization, or governmental Constitutionally Protected Property operation; test methods; sampling jurisdiction qualifies as a small entity Rights. procedures; and related management and that this rule would have a systems practices) that are developed or significant economic impact on it, Civil Justice Reform adopted by voluntary consensus please submit a comment (see This proposed rule meets applicable standards bodies. ADDRESSES) explaining why you think it standards in sections 3(a) and 3(b)(2) of This proposed rule does not use qualifies and how and to what degree Executive Order 12988, Civil Justice technical standards. Therefore, we did this rule would economically affect it. Reform, to minimize litigation, not consider the use of voluntary Assistance for Small Entities eliminate ambiguity, and reduce consensus standards. burden. Environment Under section 213(a) of the Small Protection of Children Business Regulatory Enforcement We have analyzed this proposed rule Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule under Commandant Instruction we want to assist small entities in under Executive Order 13045, M16475.lD and Department of understanding this proposed rule so that Protection of Children from Homeland Security Management they can better evaluate its effects on Environmental Health Risks and Safety Directive 5100.1, which guide the Coast them and participate in the rulemaking. Risks. This rule is not an economically Guard in complying with the National If the rule would affect your small significant rule and would not create an Environmental Policy Act of 1969 business, organization, or governmental environmental risk to health or risk to (NEPA) (42 U.S.C. 4321–4370f), and jurisdiction and you have questions safety that might disproportionately have made a preliminary determination concerning its provisions or options for affect children. that there are no factors in this case that compliance, please contact the Eighth Indian Tribal Governments would limit the use of a categorical Coast Guard District Bridge exclusion under section 2.B.2 of the Administration Branch at the address This proposed rule does not have Instruction. Therefore, we believe that above. The Coast Guard will not tribal implications under Executive this rule should be categorically retaliate against small entities that Order 13175, Consultation and excluded, under figure 2–1, (32)(e), of question or complain about this rule or Coordination with Indian Tribal the Instruction, from further any policy or action of the Coast Guard. Governments, because it would not have environmental documentation. Under Collection of Information a substantial direct effect on one or figure 2–1, paragraph (32)(e), an more Indian tribes, on the relationship ‘‘Environmental Analysis Check List’’ or This proposed rule would call for no between the Federal Government and ‘‘Categorical Exclusion Determination’’ new collection of information under the Indian tribes, or on the distribution of is not required for this rule. Comments Paperwork Reduction Act of 1995 (44 power and responsibilities between the on this section will be considered before U.S.C. 3501–3520.). Federal Government and Indian tribes. we make the final decision on whether
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56027
to categorically exclude this rule from the VIN requirements, such as submitted on behalf of an association, further environmental review. proposing to require that certain vehicle business, labor union, etc.). You may characteristics of low speed vehicles review DOT’s complete Privacy Act List of Subjects in 33 CFR Part 117 (LSVs) must be reflected in the VIN of Statement in the Federal Register Bridges. LSVs. This rulemaking also responds to published on April 11, 2000 (65 FR For the reasons discussed in the a petition for rulemaking from SAE 19477–78). preamble, the Coast Guard proposes to International (SAE). Docket: For access to the docket to amend 33 CFR part 117 as follows: DATES: You should submit your read background documents or comments early enough to ensure that comments received, go to http:// PART 117—DRAWBRIDGE Docket Management receives them not dms.dot.gov until September 27, 2007, OPERATION REGULATIONS later than November 16, 2007. Proposed or the street address listed above. The 1. The authority citation for part 117 effective date of final rule: assuming DOT docket may be offline at times continues to read as follows: that a final rule is issued, NHTSA between September 28 through proposes that the changes adopted by September 30 to migrate to the Federal Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Docket Management System (FDMS). Department of Homeland Security Delegation the rule would be mandatory beginning No. 0170.1. with model year 2010 and later model On October 1, 2007, the Internet access year vehicles manufactured on or after to the docket will be at http:// 2. Section 117.481 is added to read as September 1, 2009. www.regulations.gov. Follow the online follows: instructions for accessing the dockets. ADDRESSES: You may submit comments § 117.481 Milhomme Bayou identified by the above DOT Docket FOR FURTHER INFORMATION CONTACT: For The draw of the Stephensville Bridge, Number by any of the following technical issues, you may call Mr. Ken mile 12.2 (Landside Route) at methods: Hardie, Office of Rulemaking Stephensville, LA shall open on signal If filing comments by September 27, (Telephone: 202–366–6987) (Fax: 202– if at least one hour of advance notice is 2007, please use: 493–2739). For legal issues, you may given. During the advance notice period, • Web Site: http://dms.dot.gov. call Ms. Rebecca Schade, Office of Chief the draw shall open on less than one Follow the instructions for submitting Counsel (Telephone: 202–366–2992) hour notice for an emergency, and shall comments on the Department of (Fax: 202–366–3820). You may send open on demand should a temporary Transportation Docket Management mail to these officials at the National surge in waterway traffic occur. System electronic docket site. No Highway Traffic Safety Administration, electronic submissions will be accepted U.S. Department of Transportation, 1200 Dated: September 21, 2007. between September 28, 2007, and New Jersey Avenue, SE., West Building, Joel R. Whitehead, October 1, 2007. Washington, DC 20590. Rear Admiral, U.S. Coast Guard, Commander, If filing comments on or after October SUPPLEMENTARY INFORMATION: Eighth Coast Guard District. 1, 2007, use: [FR Doc. E7–19422 Filed 10–1–07; 8:45 am] • Federal eRulemaking Portal: Go to Table of Contents BILLING CODE 4910–15–P http://www.regulations.gov. Follow the I. Background online instructions for submitting II. Petitioner’s Suggested Changes; NHTSA’s comments. Decisions on the Petition DEPARTMENT OF TRANSPORTATION Alternatively, you can file comments a. The Content Requirements of the VIN using the following methods: Section 1: Positions 1–3, the Manufacturer Identifier (§ 565.6(a)) National Highway Traffic Safety • Mail: Docket Management Facility: Administration Section 2: Positions 4–8, Attributes Of The U.S. Department of Transportation, 1200 Specific Type Of Vehicle Involved New Jersey Avenue, SE., West Building (§ 565.6(b)) 49 CFR Part 565 Ground Floor, Room W12–140, Section 3: Position 9, the Check Digit [Docket No. NHTSA–2007–27830] Washington, DC 20590–0001. (§ 565.6(c)) • Hand Delivery or Courier: West Section 4: Positions 10–17, Additional RIN 2127–AJ99 Building Ground Floor, Room W12–140, Vehicle-Specific Information (§ 565.6(d)) b. Petitioner’s Suggested Changes for Low- Vehicle Identification Number 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday through Speed Vehicles Requirements c. Other Aspects of the VIN Regulation Friday, except Federal holidays. • III. Summary of Key Proposed Changes AGENCY: National Highway Traffic Fax: 202–493–2251. IV. Effective Date Safety Administration (NHTSA), Instructions: For detailed instructions V. Public Participation Department of Transportation (DOT). on submitting comments and additional VI. Rulemaking Analyses and Notices information on the rulemaking process, ACTION: Notice of proposed rulemaking I. Background (NPRM). see the Public Participation heading of the Supplementary Information section NHTSA requires vehicles to be SUMMARY: Based on concerns that the of this document. Note that all marked with vehicle identification supply of unique available Vehicle comments received will be posted numbers (VINs) to simplify vehicle Identification Numbers is diminishing, without change to http:// identification information retrieval and NHTSA is proposing to amend the www.dms.dot.gov or http:// to increase the accuracy and efficiency agency’s Vehicle Identification Number www.regulations.gov, including any of vehicle recall campaigns (49 Code of (VIN) regulation. The amendment personal information provided. Please Federal Regulations (CFR) Part 565, would ensure that there will be a see the Privacy Act heading below. ‘‘Vehicle Identification Number sufficient number of unique Privacy Act: Anyone is able to search Requirements’’). The VIN has become manufacturer identifiers and VINs for the electronic form of all comments the key identifier in data systems that the current 17-character VIN system to received into any of our dockets by the track compliance with Federal and state use for at least another 30 years. This name of the individual submitting the safety programs and that manage and NPRM also proposes other changes to comment (or signing the comment, if analyze information on vehicle
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56028 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
manufacturing processes, registrations, concludes that the changes would the geographic area of the world in insurance programs, crash achieve two objectives: They would which the subject vehicle was investigations and safety research. increase the number of manufacturer manufactured. The second character of Organizations that utilize VINs in data identifiers and VINs available for the a WMI must indicate the country systems include NHTSA, foreseeable future, thus preserving the (although the standard does not specify manufacturers, state motor vehicle one vehicle-one VIN structure, and they how to determine what country should departments, law enforcement agencies, would preserve the 17-character VIN be indicated, e.g., place of manufacture, insurance companies, and motor vehicle system, thereby avoiding the potential place of final assembly, place of safety researchers. imposition of substantial costs on the company headquarters, etc.). In contrast, 49 CFR Part 565 stipulates the system many current users of VINs in data § 565.6(a) currently requires that under which each new vehicle sold in systems. NHTSA agrees with the manufacturers communicate the United States receives a unique VIN. petitioner that the current supply of manufacturer, make, and type of motor When Part 565 went into effect manufacturer identifiers available for vehicle in the first three positions of a beginning in October of 1980, it was large manufacturers in this country VIN. anticipated that the permutations could expire in the near future. That, • The petitioner states that, to comply available under the 17-character system coupled with the rising likelihood of with Part 565, large manufacturers (as described in Part 565 would provide a duplicate VINs occurring, would defined in the standard) in this country sufficient number of unique VINs and adversely impact the many with multiple makes of vehicles have manufacturer identifiers such that, as organizations that maintain an orderly needed multiple manufacturer required by Part 565, ‘‘the VINs of any system for identifying and tracking identifiers, which the petitioner believes two vehicles manufactured within a 30- vehicles. is draining the supply of manufacturer year period shall not be identical.’’ That a. The Content Requirements of the VIN identifiers/WMIs for producers in this 30-year period is anticipated to expire country. The petitioner requests The VIN regulation (49 CFR Part 565) in 2010. eliminating the Part 565 requirement Based on concerns that the supply of requires that VINs must consist of 17 that the manufacturer identifier identify unique available VINs is shrinking, characters in a fixed format. The VIN the vehicle ‘‘make,’’ stating that, ‘‘The SAE’s Vehicle Identification Number/ regulation (at § 565.6) separates the 17- elimination of the ‘make’ would allow World Manufacturer Identifier character VIN into four sections: (a) for the use of a ‘corporate’ WMI for each Technical Committee (‘‘the committee’’ Section 1: Positions 1–3, the vehicle ‘type’ with the vehicle ‘make’ or ‘‘the petitioner’’) 1 petitioned 2 manufacturer identifier; (b) Section 2: described elsewhere in the VIN.’’ NHTSA to modify the requirements of Positions 4–8, attributes of the specific According to SAE, not only do U.S. Part 565 such that unique VINs would type of vehicle involved; (c) Section 3: manufacturers have a large number of be able to be provided for at least Position 9, the check digit; and (d) vehicle makes for which separate another thirty years. NHTSA is issuing Section 4: Positions 10–17, additional manufacturer identifiers are now this proposal so that unique VINs will vehicle-specific information. required, more than fifty new large continue to be available for vehicles Section 1: Positions 1–3, the manufacturer identifiers are issued to manufactured for sale in this country. Manufacturer Identifier (§ 565.6(a)) them each year. SAE indicates that only II. Petitioner’s Suggested Changes; The VIN regulation requires this approximately 400–450 large NHTSA’s Decisions on the Petition section to consist of three characters manufacturer identifiers remain in the This section sets forth the petitioner’s that uniquely identify the manufacturer, current system. suggested changes to the VIN make, and type of the motor vehicle if NHTSA’s response: We are proposing requirements. These are marked in the manufacturer produces 500 or more the suggested change regarding vehicle bullet format, and are followed by motor vehicles of its type annually. If make. The most pressing concern NHTSA’s response to each suggested the manufacturer produces fewer than relating to the VIN system is the rapidly change. As discussed below, NHTSA 500 motor vehicles of its type annually, dwindling number of unique available generally agrees with most of the these characters along with three manufacturer identifiers for large petitioner’s suggestions. To the extent characters of the fourth section manufacturers in the U.S., as described the agency does not agree, the reasons (positions 12–14) shall uniquely above. The proposed changes would for doing so are explained. identify the manufacturer, make, and positively affect the supply of those NHTSA generally concurs with the type of the motor vehicle. identifiers available for large petitioner’s suggested amendments to The petitioner was particularly manufacturers in two ways. First, by the VIN requirements (except as noted) concerned about the supply of unique moving vehicle make from the because the agency tentatively manufacturer identifiers for large U.S. manufacturer identifier to the second manufacturers. NHTSA contracts with section of the VIN, there would be a 1 Organizations represented on the committee SAE to coordinate the assignment of substantial reduction in the included: General Motors, International Truck and manufacturer identifiers (§ 565.7(a)). In proliferation of new manufacturer Engine Corporation, RL Polk & Company, The Hill issuing the identifiers, SAE ensures that identifiers for large manufacturers. Group, Freightliner Truck Division, American Association of Motor Vehicle Administrators, the identifier complies with both Part Since manufacturers in the U.S. would American Suzuki Motor Corporation, Harley 565 and the requirements of no longer need to communicate vehicle Davidson Motor Company, Motorcycle Industry International Standard 3780, Road make in the identifier to comply with Council, Ford Motor Company, Transport Canada, vehicles—world manufacturer identifier Part 565, they would not have to obtain National Insurance Crime Bureau (NICB), DaimlerChrysler Corporation, and NHTSA. (WMI) code (dated 1983). In new manufacturer identifiers in the near Representatives from Clifford Thames IMS in the International Standard 3780, Ref. No. future and possibly ever. (This NPRM United Kingdom, the Highway Loss Data Institute, ISO 3780–1983 (E), the manufacturer proposes to amend Table 1 of Part 565 and Caterpillar, Inc. were also given the identifier is referred to as the World to establish the ‘‘vehicle make’’ as a opportunity to comment on the committee’s work. 2 Petition dated October 31, 2005; corrected Manufacturer Identifier (WMI). required information element for each February 23, 2006. A letter granting the petition was International Standard 3780 requires the vehicle type. See discussion relating to sent March 7, 2006. first character of the WMI to represent Section 2, infra.)
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56029
Second, since they will no longer addition to positions 1–3 for their • The petitioner states that the SAE need to communicate vehicle make in manufacturer identifier. Small has assigned WMIs such that the the identifier to comply with Part 565, manufacturers then use the last three presence of a ‘‘9’’ in the third VIN many major manufacturers in the U.S. VIN positions (15–17) for sequentially position indicates that the VIN contains will have an immediate excess of numbering their vehicles. The petition a six-character WMI. The petition states manufacturer identifiers. It is indicated that small manufacturers often that the committee has discovered that anticipated that over time many of these seek a large manufacturer identifier after users of VIN information are typically large manufacturers will release some, the threshold of 500 vehicles has been unaware of this information, and perhaps many, of the manufacturer exceeded. Whenever this occurs, the requests that § 565.6(a) include a identifiers that have been previously small manufacturer is in technical reference to this number ‘‘9’’ in the third issued to them.3 These released violation of Part 565. Moreover, the position ‘‘to aid field comprehension of manufacturer identifiers could then be small manufacturer remains in technical the VIN structure.’’ assigned to other manufacturers as violation by continuing to produce The agency agrees with this reasoning needed. Comments are requested on the vehicles, because it has all the numbers and is proposing to add a sentence likelihood and implications of from 501 to 999 left to number its explaining the significance of the ‘‘9’’ to manufacturers releasing previously- vehicles sequentially before it faces the this section. issued identifiers that are no longer in more serious problem of no longer being Section 2: Positions 4–8, Attributes of use. The agency is particularly able to do so. the Specific Type of Vehicle Involved interested in receiving comments on The petition requested a threshold in (§ 565.6(b)) this from large manufacturers. Part 565 of 900 vehicles, so that a Exactly how many WMIs these manufacturer that reaches this level of The VIN regulation (§ 565.6(b)) changes to Part 565 would make production would still have 99 numbers specifies that the second section must available to the VIN system cannot be left before running out of available consist of five characters, occupying determined. The initial supply of 3,267 numbers for sequentially numbering positions four through eight in the VIN, large manufacturer identifiers has lasted vehicles. The petitioner anticipates that which uniquely identify the attributes of for 30 years. Under the proposed reaching a 900-unit threshold would the vehicle as specified in Table 1 of revisions to Part 565, the only time large prompt a manufacturer to approach SAE Part 565. The regulation specifies that manufacturers will need a new to obtain a large manufacturer identifier positions four and five be alphabetic manufacturer identifier is when they before it runs out of numbers. characters and that position six must be begin to manufacture a new vehicle NHTSA has two concerns with the a numeric value for all passenger cars, type. The only other drain on the supply 900-vehicle threshold proposed by the multipurpose passenger vehicles of available manufacturer identifiers petition. First, specifically incorporating (MPVs) and trucks with a gross vehicle will come from new large manufacturers a new threshold of 900 units into Part weight rating of 4,536 kilograms (kg) that emerge. The agency believes that 565 would perpetuate the current (10,000 pounds (lbs)) or less. The the proposed changes to the VIN system, situation, albeit in fewer instances, regulation also specifies that position particularly removing vehicle make where it is easily possible for a seven must be a numeric value for those from the information that must be vehicles. manufacturer to be in technical • communicated in the manufacturer violation of Part 565. Second, there is The petitioner states that identifier, should result in a supply of little apparent benefit to setting the § 565.6(b)’s limitations on use of available manufacturer identifiers that cutoff at 900 vehicles as opposed to 999, alphabetic and numeric values are more will last for approximately the next 30 particularly in this era of virtually restrictive than both the SAE and ISO years. instant communication. standards for vehicle identification, • Section 565.6(a) specifies a resulting in what the petitioner believes NHTSA therefore proposes to amend production threshold of 500 units for to be ‘‘VIN structures that are difficult Part 565 such that a ‘‘high-volume determining whether a WMI must be to decode’’ or in ‘‘less refinement and manufacturer,’’ which the regulation comprised of three VIN positions or of resolution in VIN information available would define as one producing 1,000 or six positions. The petitioner states that to users of the VIN content.’’ The more vehicles, must use a three-digit in practice, U.S. manufacturers assigned petitioner believes that allowing either manufacturer identifier, and a ‘‘low- six character WMIs produce nearly 900 alphabetic or numeric characters in volume manufacturer,’’ which would be units annually before the SAE replaces positions four through six of the VIN defined as a manufacturer that produces their six-character WMIs with ‘‘large would result in greater flexibility to fewer than 1,000 vehicles, must use a manufacturer’’ (three-character) WMIs. manufacturers, allow for more six-digit manufacturer identifier. This The petitioner suggests that the descriptive vehicle information, and should eliminate the problem of small threshold for using a six-character WMI achieve harmonization with the ISO manufacturers finding themselves in should be raised to 900 units ‘‘to align identification standard. Moreover, the technical violation, because they will the regulation with actual practice.’’ petitioner states that if alphabetic run out of unique available VINs (which NHTSA’s response: We agree that the characters in position seven of the VIN will prevent them from selling production threshold should be raised, were permitted, ‘‘the number of possible additional vehicles produced) at the but propose to raise it to 1000 units combinations would increase from the same time that they need to seek a new rather than 900 units as suggested by the approximately 53,000 currently manufacturer identifier. Comments are petitioner. Currently, Part 565 requires available to slightly more than 826,000 requested on the threshold of 999 units, small manufacturers (making fewer than possible combinations.’’ Petitioner and on whether the VIN regulation 500 vehicles of a given type per year) to suggests that the change would ensure should specify that all requests to the have a six-character manufacturer that no identical VINs will exist in a 60- SAE for manufacturer identifiers should identifier, using VIN positions 12–14 in year period,4 which consists of the 30- include ‘‘proposed production levels for 3 Some of the large manufacturers represented on vehicles of this type.’’ (The latter 4 The general requirements of the VIN regulation the SAE committee indicated that this could likely approach was suggested by the specify that the VINs of any two vehicles occur. petitioner.) Continued
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56030 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
year period covered by the current unique available manufacturer is confusion on this issue. Changing the regulation plus the additional 30 years identifiers and VINs without imposing sample calculation to include a decimal that would result from the changes significant costs associated with data equivalent remainder makes sense given proposed in this NPRM. systems that use or rely on 17-character the addition of the proposed table. NHTSA’s response: We have VINs. The petitioner believes that the Comments are requested on whether tentatively decided that the petitioner’s suggested changes to the VIN system these changes are necessary or helpful. approach has merit. According to the would achieve those goals. NHTSA has Section 4: Positions 10–17, Additional petitioner’s estimates, the proposed tentatively agreed with this Vehicle-Specific Information changes should add at least several determination. Comments are requested (§ 565.6(d)) hundred thousand new unique available on whether this conclusion is correct. VINs, and probably many more. For • As mentioned earlier in this The fourth section consists of eight example, the petition calculates that just preamble, this NPRM proposes to characters occupying positions 10–17, for the changes proposed for positions amend Table 1 of Part 565 to establish and includes sequential numbering of 4–7 of the VIN, there should be a total the ‘‘vehicle make’’ as an information vehicles. Positions 10 and 11 are for the of 826,551 combinations as compared to element required in positions four model year and plant of manufacture, 52,900 available under the current Part through eight of the VIN for each respectively. For manufacturers of 1,000 565. This number is derived from the vehicle type. This change complements or more vehicles of a given type, fact that there will be a total of 33 the proposal that vehicle make be positions 12 through 17 are used to characters (23 alphabetic plus 10 removed from the manufacturer sequentially number groups of similar numeric) available in each of positions identifier (Section 1 of the current VIN). vehicles that are manufactured by the • An attribute of passenger cars that manufacturer. 4–6 and 23 characters in position 7 • under the proposed changes, whereas is specified in Table 1 is ‘‘restraint For manufacturers initially under the current Part 565 there are 23 system type.’’ The petitioner states: ‘‘To intending to produce fewer than 500 of characters (alphabetic only) available in make identification of restraint system a type of vehicle, VIN positions 12–14 positions 4 and 5 and 10 characters more effective, we request amendment are additional characters used for the available (numeric only) in positions 6 of Part 565.6(b) to require that a manufacturer identifier specific to the and 7. Thus: manufacturer shall uniquely identify the manufacturer. The petitioner states that Current total combinations, positions type and location of all restraint devices the VIN regulation implies that VIN 4–7: 23 × 23 × 10 × 10 = 52,900 on every passenger car.’’ NHTSA agrees position twelve must be numeric, and Proposed total combinations, that the proposal has merit, since specifically requires that positions positions 4–7: 33 × 33 × 33 × 23 = information on the type and location of thirteen and fourteen be numeric. The 826,551. all restraint devices in the vehicle could petitioner requests that the regulation be Additionally, in any given year the be useful to safety researchers and other amended to explicitly allow VIN factors that will further affect the analysts. Moreover, NHTSA requests positions twelve through fourteen to use number of unique VINs available to any comments on whether this information alphabetic or numeric characters when specific manufacturer include, among should be required for all passenger those positions are used as part of the others: the 33 characters available in vehicles, not just passenger cars. manufacturer identifier of a small position 8 of the VIN, which will allow manufacturer. Section 3: Position 9, the Check Digit NHTSA’s response: We concur that for permutations in just the second (§ 565.6(c)) section of the VIN (positions 4–8) in the for manufacturers that produce less than millions (the maximum possible would The third VIN section consists of one 1,000 vehicles per model year, allowing be 826,551 × 33 = 27,276,183); the character in the 9th position, called the either alphabetic or numeric characters number of manufacturer identifiers a ‘‘check digit.’’ This reflects a in positions 12–14 as part of the six- manufacturer has or that are available to mathematical computation specified in character manufacturer identifier be issued to that manufacturer; the § 565(c)(1) through (4) that is based on significantly expands the number of change in the VIN digit for the model the other VIN characters and serves as unique manufacturer identifiers year (see discussion, infra); the number a check against typographical errors that available to them. The resultant number may occur in transcribing a VIN. of additional manufacturer identifiers is of plants a manufacturer has since each • plant is indicated by a specific character The petitioner asked that a table it at least 12,167 (23 new characters developed be added to § 565.6(c)(4) to (excluding I, O, and Q) available in each in position 11 of the VIN (see × × discussion, infra); and the sequential ‘‘clarify the check digit value.’’ The of positions 12–14; 23 23 23 = numbering of vehicles. The cumulative petitioner explained that the table 12,167). According to SAE, currently effect of these factors increases provides a reference for the correct about 300 new manufacturer identifiers substantially the current number of check digit value to use based on both are issued each year for these VINs available under Part 565. a fractional and decimal equivalent manufacturers. At this rate, the Comments are requested on the remainder. The petitioner stated: ‘‘The proposed changes would add at least proposed changes. Chief among the committee believes that the inclusion of forty years’ worth of manufacturer concerns of the petitioner when a decimal equivalent remainder is identifiers for small manufacturers. • Table VI of § 565.6(d)(1) sets forth formulating the suggested revisions to important due to widespread use of codes that are used in position 10 of the the VIN requirements was how to electronic calculation devices.’’ The VIN to indicate the vehicle model year. expand significantly the quantity of petitioner therefore suggested changing the sample check digit calculation Currently, the table goes up to year manufactured within a 30-year period must not be shown currently in Table V of 2013. The petitioner suggested changing identical (§ 565.4(d)). The petitioner believes there § 565.6(c)(5) to include a decimal the table to include codes up to and is a likelihood, though small, of repeating VINs at equivalent remainder. including the year 2039, since the a 31-year interval, and suggested that § 565.4 be NHTSA’s response: We agree that petitioner believes that with ‘‘the amended to specify a 60-year period. We tentatively conclude that the requested change has merit, and including the suggested table would adoption of the petition content listed are proposing to amend § 565.4(d) to ensure non- likely help clarify the correct check digit above, the current VIN structure will repeatability of VINs. value to be used, to the extent that there have long-term viability.’’ NHTSA is
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56031
proposing this change to Table VI for Section 565.5 contains requirements • The proposed rule would increase the reasons provided by the petitioner. for motor vehicles imported into the the number of characters available for United States. Section 565.5(b) specifies positions 4–8 of the VIN: Changing b. Petitioner’s Suggested Changes for requirements for passenger cars certified positions 4–6 and 8 to either alphabetic Low-Speed Vehicles by a Registered Importer under 49 CFR or numeric, and position 7 to Federal Motor Vehicle Safety Part 592,6 but not for any other types of alphabetic. This is anticipated to Standard (FMVSS) No. 500, ‘‘Low-speed vehicles. The petitioner requested increase the number of unique available vehicles,’’ requires low-speed vehicles amending this section to include MPVs VINs. (LSVs) 5 to have a VIN that conforms to and trucks with a GVWR of 4,536 kg • The proposed rule would allow the requirements of part 565 (FMVSS (10,000 lb) or less. NHTSA concurs that either alphabetic or numeric characters No. 500, S5(b)(9)). However, the this proposed change has merit since in positions 12–14 as part of the six- application section of Part 565 does not the other vehicle types are imported by character manufacturer identifier, which include LSVs, and there are no registered importers, and has also should increase the number of substantive requirements in Part 565 for included low speed vehicles among the manufacturer identifiers available to these vehicles. vehicles covered by § 565.5(b) for the low-volume manufacturers. • The petition asked NHTSA to same reason. • The proposed rule would add amend the application section of the • Type Faces Permitted for a VIN definitions for ‘‘high-volume VIN regulation (§ 565.2) to include Section 565.4(i) specifies that the type manufacturer,’’ and ‘‘low-volume LSVs, and to amend § 565.4(f) to specify face used for each VIN shall consist of manufacturer.’’ The threshold between a where the VIN must be located in LSVs. capital, sanserif characters. The high- and low-volume manufacturer is a In addition, the petitioner suggested that petitioner stated that some production output of 1000 vehicles of a Table 1 of § 565.6(b) include ‘‘specific manufacturers have been using a given type each year. requirements for positions four through ‘‘posident’’ font type face based on a • The proposed rule would add low- eight (4–8) of VINs assigned to LSVs to 1978 NHTSA interpretation,7 and speed vehicles to the list of vehicles to clearly identify this class of vehicle.’’ requests that the regulation ‘‘allow the which Part 565 applies, and adds The petition did not suggest which use of a positive identification style font attributes of LSVs that should be elements should be included in Table 1 face as an alternate to the current identified by an LSV’s VIN. to achieve this result. sanserif font typeface.’’ IV. Effective Date NHTSA’s response: We are granting NHTSA’s response: We are not this request. Amending the application granting this request. The petition did The petitioner suggested that the section of Part 565 would make the not identify the similarity or distinction changes take effect beginning with the regulation clearer and more consistent between ‘‘posident’’ font, which it 2010 model year, when the supply of with FMVSS No. 500. Specifying where asserts is allowed under a NHTSA manufacturer identifiers for U.S. the VIN must be located in LSVs would interpretation, and ‘‘positive manufacturers could be exhausted and ensure that the VIN is accessible and identification style’’ font, which it duplicate manufacturer identifiers and legible. requests be allowed as an alternative. VINs could begin to appear. FMVSS No. 500 requires LSVs to be NHTSA has insufficient information on NHTSA tentatively concludes that a equipped with headlamps, front and this matter to include it in this NPRM. final rule resulting from this NPRM rear turn signal lamps, taillamps, stop should be effective on a date sufficiently lamps, reflex reflectors of specified III. Summary of Key Proposed Changes early to prevent the expiration of colors, exterior mirrors, a parking brake, This NPRM proposes to amend Part available manufacturer identifiers and a windshield, and a lap or lap and 565 by revising certain sections in order unique VINs, and far enough in the shoulder seat belt assembly at each to extend the existing VIN system for future to allow various parties that will designated seating position (S5, FMVSS another thirty years, and to ensure a be affected by a VIN system change to No. 500). NHTSA tentatively concludes sufficient supply of unique available plan for and make whatever data system that some of these attributes should be VINs and manufacturer identifiers for changes will be required. That date is decipherable from the VIN of an LSV, that time period. The following points tentatively determined to be January 1, since information about these attributes highlight the key provisions of the 2009, which corresponds to the 2010 could be useful in analyses of crashes, proposed requirements: model year suggested by the petitioner. theft, or other matters. These attributes • The proposed rule would move the Model year 2010 vehicles manufactured are: Vehicle make, engine type, brake location of the information conveying on or after September 1, 2009, would be system, all restraint devices and their vehicle make from the manufacturer required to have a VIN meeting the new location, body type, and gross vehicle identifier to the second section of the requirements. Model year 2009 vehicles weight rating. NHTSA requests VIN, which should increase the supply manufactured on or after September 1, comment on whether the attributes of unique available manufacturer 2009 would be expected to comply with proposed are appropriate, and whether identifiers for large manufacturers, the current regulation. NHTSA requests other attributes should be considered as because they will no longer need some comment on whether this date provides well. of the identifiers they currently have, or enough lead time for those who need to make changes to computer systems to c. Other Aspects of the VIN Regulation need to request additional manufacturer accommodate the changes. • Imports identifiers for new vehicle makes that they produce. V. Public Participation 5 The definition of an LSV is set forth in 49 CFR How Do I Prepare and Submit 571.3 as follows: Low-speed vehicle means a 6 49 CFR Part 592, ‘‘Registered Importers of vehicle, that is 4-wheeled, whose speed attainable Vehicles Not Originally Manufactured to Conform Comments? in 1.6 km (1 mile) is more than 32 kilometers per to the Federal Motor Vehicle Safety Standards.’’ Your comments must be written and hour (20 miles per hour) and not more than 40 7 The petitioner did not identify the kilometers per hour (25 miles per hour) on a paved interpretation. The agency assumes it is a letter to in English. To ensure that your level surface, and whose GVWR is less than 1,361 Mr. R.W. Fink, available at http://isearch.nhtsa.gov/ comments are filed correctly in the kilograms (3,000 pounds). aiam/aiam2912.html. Docket, please include the docket
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56032 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
number of this document in your consider that comment as an informal manufacturer identifiers for new vehicle comments. suggestion for future rulemaking action. makes that they produce. Your comments must not be more • The proposed rule would permit How Can I Read The Comments than 15 pages long (see 49 CFR 553.21). the use of either alphabetic or numeric Submitted By Other People? We established this limit to encourage characters in many positions of the VIN. you to write your primary comments in You may read the comments received • The proposed rule would permit a concise fashion. However, you may by Docket Management at the address low-volume manufacturers to attach necessary additional documents given under ADDRESSES. The hours of manufacture 999 vehicles (increased to your comments. There is no limit on the Docket are indicated above in the from 499) before a new manufacturer the length of the attachments. same location. identifier is required. Please submit two copies of your You also may see the comments on • The proposed rule would reduce or comments, including the attachments, the Internet. To read the comments on eliminate the waiting period before the to Docket Management at the address the Internet, take the following steps: time an identifier or VIN can be used. given under ADDRESSES. 1. Go to the Docket Management • The proposed rule would add low- You may also submit your comments System (DMS) Web page of the speed vehicles to the list of vehicles to to the docket electronically by logging Department of Transportation (http:// which Part 565 applies, and would add onto the Dockets Management System dms.dot.gov/). attributes of LSVs that should be Web site at http://dms.dot.gov. Click on 2. On that page, click on ‘‘search.’’ identified by an LSV’s VIN. ‘‘Help & Information,’’ or ‘‘Help/Info’’ to 3. On the next page (http:// Vehicle manufacturers, including obtain instructions for filing the dms.dot.gov.search/), type in the four- those of low-speed vehicles, are already document electronically. digit docket number shown at the required to label their vehicles with a How Can I Be Sure That My Comments beginning of this document. Example: If VIN and report to NHTSA information Were Received? the docket number were ‘‘NHTSA– relating to deciphering the characters in 2007–1234,’’ you would type ‘‘1234.’’ the VIN. This proposed rule would not If you wish Docket Management to After typing the docket number, click on notify you upon its receipt of your substantially change those ‘‘search.’’ requirements. The minimal impacts of comments, enclose a self-addressed, 4. On the next page, which contains stamped postcard in the envelope today’s proposed amendments do not docket summary information for the warrant preparation of a regulatory containing your comments. Upon docket you selected, click on the desired receiving your comments, Docket evaluation. comments. Although the comments are NHTSA anticipates no direct safety Management will return the postcard by imaged documents, instead of word mail. impacts from this proposed rule. processing documents, the ‘‘pdf’’ However, NHTSA believes that this How Do I Submit Confidential Business versions of the document are word NPRM has a beneficial effect on safety Information? searchable. in that it would ensure the continued Please note that even after the integrity of the VIN system (ensuring If you wish to submit any information comment closing date, we will continue under a claim of confidentiality, you that vehicles will continue to be to file relevant information in the uniquely identified). should submit three copies of your Docket as it becomes available. Further, complete submission, including the There might be some cost impacts in some people may submit late comments. changing data retrieval and information you claim to be confidential Accordingly, we recommend that you business information, to the Chief recordkeeping systems to account for periodically check the Docket for new features of the VIN that might be Counsel, NHTSA, at the address given material. above under FOR FURTHER INFORMATION different than those of current VINs Note that all comments received will (e.g., the use of alphabetic and numeric CONTACT. In addition, you should be posted without change to http:// submit two copies, from which you characters in certain VIN positions). dms.dot.gov, including any personal However, NHTSA does not believe that have deleted the claimed confidential information provided. Please see the business information, to Docket the costs would be significant. The Privacy Act discussion at the end of the members of the committee representing Management at the address given above next section. under ADDRESSES. When you send a operators of data systems that utilize the comment containing information VI. Rulemaking Analyses and Notices 17-character VIN system indicated that claimed to be confidential business there would be some costs involved in Executive Order 12866 and DOT making software and other information, you should include a cover Regulatory Policies and Procedures letter setting forth the information modifications to data systems required specified in our confidential business This rulemaking document was not by changes proposed in the petition, but information regulation (49 CFR part reviewed by the Office of Management that those costs would be extremely 512). and Budget under E.O. 12866. It is not small compared to what would be considered to be significant under E.O. required to deal with an expanded Will The Agency Consider Late 12866 or the Department’s Regulatory number of VIN characters. The petition Comments? Policies and Procedures (44 FR 11034; noted that ‘‘any increase in the quantity We will consider all comments that February 26, 1979). This document of characters beyond the current Docket Management receives before the proposes changes to the VIN seventeen would require massive close of business on the comment requirements that for the most part software changes to all programs that closing date indicated above under provide manufacturers greater flexibility use a motor vehicle VIN, and would DATES. To the extent possible, we also in meeting VIN requirements: affect not only automotive OEM’s, but will consider comments that Docket • The proposed rule would increase also state DMV’s, local governments, Management receives after that date. If the supply of unique available insurance companies, law enforcement Docket Management receives a comment manufacturer identifiers for large agencies, research companies, NHTSA’s too late for us to consider it in manufacturers, because they will no National Center for Statistics and developing the final rule, we will longer need to request additional Analysis, as well as others.’’ Comments
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56033
are requested on the cost of the levels of government.’’ We note that the applicable voluntary consensus proposed changes to Part 565. American Association of Motor Vehicle standards. Administrators (AAMVA) was a This NPRM would make Part 565’s Regulatory Flexibility Act member of the SAE committee that requirements for manufacturer Pursuant to the Regulatory Flexibility submitted the petition prompting this identifiers and for identifying attributes Act (5 U.S.C. 601 et seq., as amended by rulemaking. of the specific vehicle type more the Small Business Regulatory Further, no consultation is needed to consistent with SAE and ISO standards Enforcement Fairness Act (SBREFA) of discuss the preemptive effect of today’s for vehicle identification. The NPRM 1996), whenever an agency is required proposed rule. NHTSA rules can have would permit the use of alphabetic and to publish a notice of proposed preemptive effect in at least two ways. numeric characters in certain VIN rulemaking or final rule, it must prepare First, the National Traffic and Motor positions, which would substantially and make available for public comment Vehicle Safety Act contains an express increase harmonization of Part 565 with a regulatory flexibility analysis that preemptive provision: ‘‘When a motor the ISO identification standard. describes the effect of the rule on small vehicle safety standard is in effect under Unfunded Mandates Reform Act entities (i.e., small businesses, small this chapter, a State or a political organizations, and small governmental subdivision of a State may prescribe or The Unfunded Mandates Reform Act jurisdictions). The Small Business continue in effect a standard applicable of 1995 requires agencies to prepare a Administration’s regulations at 13 CFR to the same aspect of performance of a written assessment of the costs, benefits Part 121 define a small business, in part, motor vehicle or motor vehicle and other effects of proposed or final as a business entity ‘‘which operates equipment only if the standard is rules that include a Federal mandate primarily within the United States.’’ (13 identical to the standard prescribed likely to result in the expenditure by CFR 121.105(a)). No regulatory under this chapter.’’ 49 U.S.C. State, local or tribal governments, in the flexibility analysis is required if the 30103(b)(1). aggregate, or by the private sector, of head of an agency certifies the rule will more than $100 million annually In addition to the express preemption not have a significant economic impact (adjusted for inflation with base year of noted above, the Supreme Court has on a substantial number of small 1995). This final rule will not result in also recognized that State requirements entities. SBREFA amended the expenditures by State, local or tribal imposed on motor vehicle Regulatory Flexibility Act to require governments, in the aggregate, or by the manufacturers, including sanctions Federal agencies to provide a statement private sector in excess of $100 million imposed by State tort law, can stand as of the factual basis for certifying that a annually. rule will not have a significant an obstacle to the accomplishment and economic impact on a substantial execution of a NHTSA safety standard. National Environmental Policy Act number of small entities. When such a conflict is discerned, the NHTSA has analyzed this rulemaking NHTSA has considered the effects of Supremacy Clause of the Constitution action for the purposes of the National this proposed rule under the Regulatory makes their State requirements Environmental Policy Act. The agency Flexibility Act. I certify that this unenforceable. See Geier v. American has determined that implementation of proposed rule would not have a Honda Motor Co., 529 U.S. 861 (2000). this action will not have any significant significant economic impact on a NHTSA has not outlined such potential impact on the quality of the human substantial number of small entities. State requirements in today’s environment. Any small vehicle manufacturers that rulemaking, however, in part because might be affected by this proposed rule such conflicts can arise in varied Executive Order 12988 (Civil Justice are already required to provide a VIN contexts, but it is conceivable that such Reform) and provide information to NHTSA that a conflict may become clear through When promulgating a regulation, enables the VIN to be deciphered. subsequent experience with today’s Executive Order 12988 specifically Manufacturers of low-speed vehicles proposed rule. NHTSA may opine on requires that the agency must make would have to make sure that the VIN such conflicts in the future, if every reasonable effort to ensure that the reflects the six LSV features newly warranted. See id. at 883–86. regulation, as appropriate: (1) Specifies added to Table 1 of Part 565, but the National Technology Transfer and in clear language the preemptive effect; burden associated with that Advancement Act (2) specifies in clear language the effect responsibility should be negligible and on existing Federal law or regulation, would not incur a significant economic Under the National Technology including all provisions repealed, impact. Transfer and Advancement Act of 1995 circumscribed, displaced, impaired, or (NTTAA) (Pub. L. 104–113), ‘‘all Federal modified; (3) provides a clear legal Executive Order 13132 (Federalism) agencies and departments shall use standard for affected conduct rather NHTSA has examined today’s NPRM technical standards that are developed than a general standard, while pursuant to Executive Order 13132 (64 or adopted by voluntary consensus promoting simplification and burden FR 43255, August 10, 1999) and standards bodies, using such technical reduction; (4) specifies in clear language concluded that no additional standards as a means to carry out policy the retroactive effect; (5) specifies consultation with States, local objectives or activities determined by whether administrative proceedings are governments or their representatives is the agencies and departments.’’ to be required before parties may file mandated beyond the rulemaking Voluntary consensus standards are suit in court; (6) explicitly or implicitly process. The agency has concluded that technical standards (e.g., materials defines key terms; and (7) addresses the rule does not have federalism specifications, test methods, sampling other important issues affecting clarity implications because the rule does not procedures, and business practices) that and general draftsmanship of have ‘‘substantial direct effects on the are developed or adopted by voluntary regulations. States, on the relationship between the consensus standards bodies, such as NHTSA has reviewed this proposed national government and the States, or SAE. The NTTAA directs us to provide rule according to the general on the distribution of power and Congress, through OMB, explanations requirements and the specific responsibilities among the various when we decide not to use available and requirements for regulations set forth in
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56034 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
Executive Order 12988. This proposed Privacy Act § 565.4 General requirements. rule does not result in any preemptive Please note that anyone is able to * * * * * effect and does not have a retroactive search the electronic form of all (d) The VINs of any two vehicles effect. A petition for reconsideration or comments received into any of our subject to Federal motor vehicle safety other administrative proceeding is not dockets by the name of the individual standards and manufactured within a required before parties may file suit in submitting the comment (or signing the 60-year period beginning with the 1981 court. comment, if submitted on behalf of an model year shall not be identical. Paperwork Reduction Act association, business, labor union, etc.). * * * * * You may review DOT’s complete Under the Paperwork Reduction Act (f) The VIN for passenger cars, Privacy Act Statement in the Federal of 1995 (PRA), a person is not required multipurpose passenger vehicles, low Register published on April 11, 2000 to respond to a collection of information speed vehicles, and trucks of 4536 kg or (Volume 65, Number 70; Pages 19477– by a Federal agency unless the less GVWR shall be located inside the 78), or you may visit http://dms.dot.gov collection displays a valid OMB control passenger compartment. It shall be until October 1, 2007; after October 1, number. The Consolidated VIN readable, without moving any part of 2007, you may visit http:// Requirements have an OMB control the vehicle, through the vehicle glazing DocketInfo.dot.gov. number of 2127–0510. As a result of this under daylight lighting conditions by an NPRM being made final, although the List of Subjects in 49 CFR Part 565 observer having 20/20 vision (Snellen) whose eye-point is located outside the agency may require information to be Motor vehicle safety, Reporting and provided in a slightly different way vehicle adjacent to the left windshield recordkeeping requirements; pillar. Each character in the VIN subject (e.g., vehicle make being transferred incorporation by reference. from the first to the second section of to this paragraph shall have a minimum the VIN), the scope of the overall In consideration of the foregoing, height of 4 mm. reporting requirements of Part 565 will NHTSA proposes to amend 49 CFR Part * * * * * 565 as follows: not change. We emphasize that there 5. In § 565.5, paragraph (b) is revised will be no increase or decrease in the PART 565—VEHICLE IDENTIFICATION to read as follows: collection of information because of this NUMBER REQUIREMENTS rulemaking. § 565.5 Motor vehicles imported into the 1. The authority citation continues to United States. Plain Language read as follows: * * * * * Executive Order 12866 and the Authority: 49 U.S.C. 322, 30111, 30115, (b) All passenger cars, multipurpose President’s memorandum of June 1, 30117, 30141, 30146, 30166, and 30168; passenger vehicles, low speed vehicles, 1998, require each agency to write all delegation of authority at 49 CFR 1.50. and trucks of 4536 kg or less GVWR rules in plain language. Application of certified by a Registered Importer under the principles of plain language 2. In § 565.2, the first sentence is 49 CFR part 592 whose VINs do not includes consideration of the following revised to read as follows: comply with Part 565.4 and 565.5 shall questions: § 565.2 Applicability. have a plate or label that contains the • Have we organized the material to This part applies to passenger cars, following statement, in characters with suit the public’s needs? multipurpose passenger vehicles, a minimum height of 4 mm, with the • Are the requirements in the rule trucks, buses, trailers (including trailer identification number assigned by the clearly stated? kits), incomplete vehicles, low speed original manufacturer provided in the • Does the rule contain technical vehicles, and motorcycles. blank: SUBSTITUTE FOR U.S. VIN: language or jargon that isn’t clear? lllllll SEE PART 565. The • Would a different format (grouping * * * * * plate or label shall conform to § 565.4 3. In § 565.3, paragraphs (i) through and order of sections, use of headings, (h) and (i). The plate or label shall be (o) are redesignated as paragraphs (l) paragraphing) make the rule easier to permanently affixed inside the through (r), and paragraphs (i), (j), and understand? passenger compartment. The plate or • (k) are added as follows: Would more (but shorter) sections label shall be readable, without moving be better? § 565.3 Definitions. any part of the vehicle, through the • Could we improve clarity by adding * * * * * vehicle glazing under daylight tables, lists, or diagrams? conditions by an observer having 20/20 • What else could we do to make the (i) Manufacturer identifier shall refer to the first three digits of a VIN of a vision (Snellen) whose eye-point is rule easier to understand? located outside the vehicle adjacent to If you have any responses to these vehicle, in the case of a high-volume manufacturer, and the first three digits the left windshield pillar. It shall be questions, please include them in your located in such a manner as not to comments on this proposal. of a VIN and the twelfth through fourteenth digits of a VIN in the case of cover, obscure, or overlay any part of Regulation Identifier Number (RIN) a low-volume manufacturer. any identification number affixed by the original manufacturer. Motor vehicles The Department of Transportation (j) High-volume manufacturer, for conforming to Canadian Motor Vehicle assigns a regulation identifier number purposes of this part, means a Safety Standard 115 are exempt from (RIN) to each regulatory action listed in manufacturer of 1,000 or more vehicles this paragraph. the Unified Agenda of Federal of a given type each year. Regulations. The Regulatory Information (k) Low-volume manufacturer, for 6. In § 565.6: Service Center publishes the Unified purposes of this part, means a a. paragraphs (a), (b), and (c)(4) are Agenda in April and October of each manufacturer of fewer than 1,000 revised; year. You may use the RIN contained in vehicles of a given type each year. b. Tables V and VI are designated as the heading at the beginning of this * * * * * Tables VI and VII; document to find this action in the 4. In § 565.4, paragraphs (d) and (f) are c. new Table V is added at the end of Unified Agenda. revised to read as follows: paragraph (c)(4);
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56035
d. new Table VI is revised after (b) The second section shall consist of Multipurpose passenger vehicle: paragraph (c)(5) and new Table VII is five characters, which occupy positions Make, line, series, body type, engine revised after paragraph (d)(1); and, four through eight (4–8) in the VIN. This type, gross vehicle weight rating. e. paragraph (d)(3) is revised. section shall uniquely identify the Truck: Make, model or line, series, These amended and new paragraphs attributes of the vehicle as specified in and tables would read as follows: chassis, cab type, engine type, brake Table I. For passenger cars, and for systems and gross vehicle weight rating. multipurpose passenger vehicles and § 565.6 Content requirements. Bus: Make, model or line, series, body trucks with a gross vehicle weight rating * * * * * type, engine type, and brake system. (a) The first section shall consist of of 4536 kg (10,000 lb) or less, and low three characters that occupy positions speed vehicles, the first, second, and Trailer, including trailer kits and one through three (1–3) in the VIN. This third characters of this section shall be incomplete trailer: Make, type of trailer, section shall uniquely identify the either alphabetic or numeric. The fourth body type, length and axle manufacturer and type of the motor character of this section shall be configuration. vehicle if the manufacturer is a high- alphabetic. The fifth character may be Motorcycle: Make, type of motorcycle, volume manufacturer. If the either alphabetic or numeric. The line, engine type, and net brake manufacturer is a low-volume characters utilized and their placement horsepower. manufacturer, positions one through within the section may be determined three (1–3) along with positions twelve Incomplete vehicle other than a by the manufacturer, but the specified trailer: Make, model or line, series, cab through fourteen (12–14) in the VIN attributes must be decipherable with type, engine type, and brake system. shall uniquely identify the manufacturer information supplied by the and type of the motor vehicle. These manufacturer in accordance with Low speed vehicle: Make, engine type, characters are assigned in accordance § 565.7(c). In submitting the required brake system, all restraint devices and with § 565.7(a). A ‘‘9’’ shall be placed in information to NHTSA relating gross their location, body type, and gross the third position of the VIN if the vehicle weight rating, the designations vehicle weight rating. manufacturer identifier is six characters. in Table II shall be used. The use of * * * * * A ‘‘9’’ in the third position always these designations within the VIN itself indicates the presence of a six-character (c) * * * is not required. Tables I and II follow: manufacturer identifier. The National (4) The check digit is based on either Highway Traffic Safety Administration Table I—Type of Vehicle and the Fractional Remainder or the Decimal offers access to manufacturer identifier Information Decipherable Equivalent Remainder as reflected in assignments via its search engine at the Table V. All Decimal Equivalent following Internet Web site: http:// Passenger car: Make, line, series, body Remainders in Table V are rounded to www.nhtsa.dot.gov/cars/rules/ type, engine type, and all restraint the nearest thousandth. manufacture. devices and their location.
TABLE V.—NINTH POSITION CHECK DIGIT VALUES [Rounded to the nearest thousandth]
Fractional remainder 0 1/11 2/11 3/11 4/11 5/11 6/11 7/11 8/11 9/11 10/11 Decimal equivalent remainder 0 0.091 0.182 0.273 0.364 0.455 0.545 0.634 0.727 0.818 0.909 Check digit 0 1 2 3 4 5 6 7 8 9 X
The check digit, zero through nine (0– (5) A sample check digit calculation is 9) or the letter ‘‘X’’ shall appear in VIN shown in Table VI as follows: position nine (9).
TABLE VI.—CALCULATION OF A CHECK DIGIT
VIN position...... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Sample VIN...... 1 G 4 A H 5 9 H ...... 5 G 1 1 8 3 4 1 Assigned value..... 1 7 4 1 8 5 9 8 ...... 5 7 1 1 8 3 4 1 Weight factor...... 8 7 6 5 4 3 2 10 0 9 8 7 6 5 4 3 2 Multiply assigned value times weight factor...... 8 49 24 5 32 15 18 80 0 45 56 7 6 40 12 12 2 Add products: 8+49+24+5+32+15+18+80+0+45+56+7+6+40+12+12+2 = 411. Divide by 11: 411/11 = 37 4/11 or 37.3636. If the fourth digit is 5 or greater, round up. If the fourth digit is 4 or smaller, round down. In the example above, the remainder is 4/11 or 0.364 when rounded up. Looking up the remainder in Table V—Ninth Position Check Digit Values indicates that ‘4’ is the check digit to be inserted in position nine (9) of the VIN for this sample digit calculation.
(d) * * * (1) The first character of the fourth model year. The year shall be section shall represent the vehicle
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56036 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
designated as indicated in Table VII as no charge. All requests for assignments Atlantic bluefin tuna (BFT) fishery to set follows: of manufacturer identifiers should be BFT quotas for each of the established forwarded directly to: Society of domestic fishing categories and to set TABLE VII.—YEAR CODES FOR VIN Automotive Engineers, 400 effort controls for the General category Commonwealth Drive, Warrendale, and Angling category. This action is Year Code Pennsylvania, 15096, Attention: WMI necessary to implement Coordinator (telephone: 724–776–4841). recommendations of the International 2005 ...... 5 2006 ...... 6 Any requests for identifiers submitted to Commission for the Conservation of 2007 ...... 7 NHTSA will be forwarded to SAE. Atlantic Tunas (ICCAT), as required by 2008 ...... 8 Manufacturers may request a specific the Atlantic Tunas Convention Act 2009 ...... 9 identifier or may request only (ATCA), and to achieve domestic 2010 ...... A assignment of an identifier(s). SAE will management objectives under the 2011 ...... B review requests for specific identifiers Magnuson-Stevens Fishery 2012 ...... C to determine that they do not conflict Conservation and Management Act 2013 ...... D with an identifier already assigned or (Magnuson-Stevens Act). NMFS solicits 2014 ...... E 2015 ...... F block of identifiers already reserved. written comments and will hold public 2016 ...... G SAE will confirm the assignments in hearings in October 2007 to receive oral 2017 ...... H writing to the requester. Once confirmed comments on these proposed actions. 2018 ...... J by SAE, the identifier need not be DATES: Written comments must be 2019 ...... K resubmitted to NHTSA. received on or before November 1, 2007. 2020 ...... L (b) * * * The public hearing dates are: 2021 ...... M (c) * * * 1. October 3, 2007, 7 p.m. to 9 p.m., 2022 ...... N (d) The information required under 2023 ...... P Silver Spring, MD. 2024 ...... R paragraph (c) of this section shall be 2. October 23, 2007, 3 p.m. to 5 p.m., 2025 ...... S submitted at least 60 days prior to Gloucester, MA. 2026 ...... T offering for sale the first vehicle ADDRESSES: You may submit comments, 2027 ...... V identified by a VIN containing that identified by ‘‘0648–AV58’’, by any one 2028 ...... W information, or if information of the following methods: 2029 ...... X concerning vehicle characteristics • 2030 ...... Y Electronic Submissions: Submit all sufficient to specify the VIN code is electronic public comments via the 2031 ...... 1 unavailable to the manufacturer by that 2032 ...... 2 Federal eRulemaking Portal http:// 2033 ...... 3 date, then within one week after that www.regulations.gov 2034 ...... 4 information first becomes available. The • Fax: 978–281–9340, Attn: Sarah 2035 ...... 5 information shall be addressed to: McLaughlin 2036 ...... 6 Administrator, National Highway • Mail: Sarah McLaughlin, Highly 2037 ...... 7 Traffic Safety Administration, 1200 New Migratory Species Management 2038 ...... 8 Jersey Avenue, SE., Washington, DC Division, Office of Sustainable Fisheries 2039 ...... 9 20590, Attention: VIN Coordinator. (F/SF1), NMFS, One Blackburn Dr., (2) * * * Issued: September 19, 2007. Gloucester, MA 01930 (3) The third through the eighth Stephen R. Kratzke, Instructions: All comments received characters of the fourth section shall Associate Administrator for Rulemaking. are a part of the public record and will represent the number sequentially [FR Doc. E7–18925 Filed 10–1–07; 8:45 am] generally be posted to Portal http:// www.regulations.gov without change. assigned by the manufacturer in the BILLING CODE 4910–59–P production process if the manufacturer All Personal Identifying Information (for is a high-volume manufacturer. If a example, name, address, etc.) voluntarily submitted by the commenter manufacturer is a low-volume DEPARTMENT OF COMMERCE manufacturer, the third, fourth, and fifth may be publicly accessible. Do not characters of the fourth section, National Oceanic and Atmospheric submit Confidential Business combined with the three characters of Administration Information or otherwise sensitive or the first section, shall uniquely identify protected information. the manufacturer and type of the motor 50 CFR Part 635 NMFS will accept anonymous vehicle and the sixth, seventh, and comments. Attachments to electronic eighth characters of the fourth section [Docket No. 070612190–7326–01] comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe shall represent the number sequentially RIN 0648–AV58 assigned by the manufacturer in the PDF file formats only. production process. Atlantic Highly Migratory Species; The hearing locations are: 7. In § 565.7, paragraphs (a) and (d) 2008 Atlantic Bluefin Tuna Quota 1. Silver Spring — NOAA Science are revised to read as follows: Specifications and Effort Controls Center, 1301 East-West Highway, Silver Spring, MD 20910. § 565.7 Reporting requirements. AGENCY: National Marine Fisheries 2. Gloucester — NMFS, One * * * * * Service (NMFS), National Oceanic and Blackburn Drive, Gloucester, MA 01930. (a) The National Highway Traffic Atmospheric Administration (NOAA), Supporting documents including the Safety Administration (NHTSA) has Commerce. 2007 Environmental Assessment, Initial contracted with the Society of ACTION: Proposed rule; request for Regulatory Flexibility Analysis, and Automotive Engineers (SAE) to comments; notice of public hearings. Regulatory Impact Review are available coordinate the assignment of by sending your request to Sarah manufacturer identifiers. Manufacturer SUMMARY: NMFS proposes initial 2008 McLaughlin at the mailing address identifiers will be supplied by SAE at fishing year specifications for the specified above.
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56037
FOR FURTHER INFORMATION CONTACT: BFT through 2018. The TAC includes Domestic Allocations and Quotas Sarah McLaughlin, 978–281–9260. dead discards and will be effective The 1999 FMP and its implementing SUPPLEMENTARY INFORMATION: Atlantic through 2008, and thereafter until regulations established baseline tunas are managed under the dual changed. The following are deducted percentage quota shares for the domestic authority of the Magnuson-Stevens Act from the TAC prior to determining the fishing categories. These percentage and the ATCA. The ATCA authorizes U.S. share percentage: 4 mt for the shares were based on allocation the Secretary of Commerce (Secretary) United Kingdom (in respect of procedures that NMFS developed over to promulgate regulations, as may be Bermuda), 4 mt for France (in respect of several years. The baseline percentage necessary and appropriate, to St. Pierre and Miquelon), 25 mt for quota shares established in the 1999 implement ICCAT recommendations. Mexico (to allow incidental catch in the FMP and contained in the Consolidated The authority to issue regulations under longline fishery in the Gulf of Mexico), HMS FMP for fishing years beginning the Magnuson-Stevens Act and the and 15 mt for Canada and 25 mt for the June 1, 1999, and continuing to the ATCA has been delegated from the United States (for bycatch related to present are as follows: General category Secretary to the Assistant Administrator directed longline fisheries ‘‘in the — 47.1 percent; Harpoon category — 3.9 for Fisheries, NOAA (AA). vicinity of the management boundary percent; Purse Seine category — 18.6 area,’’ i.e., the Northeast Distant gear Background percent; Angling category — 19.7 restricted area (NED), which was percent; Longline category — 8.1 On May 28, 1998, NMFS published in defined in the 2003 BFT annual percent; Trap category — 0.1 percent; the Federal Register (64 FR 29090) final specification rulemaking process as the regulations, effective July 1, 1999, and Reserve category — 2.5 percent. Northeast Distant statistical area (68 FR In the final 2007 fishing year BFT implementing the Fishery Management 56783, October 2, 2003)). The U.S. share specifications (72 FR 33401, June 18, Plan for Atlantic Tunas, Swordfish, and of the adjusted TAC is 57.48 percent, or 2007), NMFS modified the baseline Sharks (1999 FMP). On October 2, 2006, 1,165.12 mt. Accounting for the 25 mt landings quota to 1,165.12 mt to NMFS published in the Federal Register NED set-aside, the total U.S. allocation implement the 2006 ICCAT (71 FR 58058) final regulations, effective is 1,190.12 mt. recommendation and set the category November 1, 2006, implementing the The 2006 ICCAT recommendation Consolidated Atlantic Highly Migratory subquotas per the allocations also includes provisions to: (1) limit Species Fishery Management Plan established in the Consolidated HMS carryover of underharvest to no more (Consolidated HMS FMP), which FMP. The baseline quotas are as follows: than 50 percent of a contracting party’s consolidates the management of all General category — 548.8 mt; Harpoon initial TAC; (2) limit mortality of school Atlantic HMS (i.e., sharks, swordfish, category — 45.4 mt; Purse Seine BFT to an average of 10 percent of the tunas, and billfish) into one category — 216.7 mt; Angling category comprehensive FMP. The implementing initial TAC, calculated on a four-year — 229.5 mt; Longline category — 94.4 regulations for Atlantic HMS are at 50 basis; and (3) allow a contracting party mt; and Trap category — 1.2 mt. An CFR part 635. with a TAC allocation to make a one- additional 29.1 mt is allocated to the The 2008 annual specifications are time transfer within a fishing year of up Reserve category for inseason necessary to implement the 2006 ICCAT to 15 percent of its TAC allocation to adjustments, scientific research quota recommendation, as required by other contracting parties with TAC collection, potential overharvest in any the ATCA, and to achieve domestic allocations, consistent with domestic category except the Purse Seine management objectives under the obligations and conservation category, and potential quota transfers. Magnuson-Stevens Act. The proposed considerations. Regarding the third The baseline Angling category quota rule would: (1) establish initial quota provision, the ICCAT recommendation of 229.5 mt is further subdivided as specifications consistent with the BFT stipulates that the quota transfer may follows: School BFT — 119 mt, with rebuilding program by adjusting the not be used to cover overharvests, and 45.8 mt to the northern area (north of ° ′ 2006 ICCAT-recommended quota as that a contracting party that receives a 39 18 N. latitude), 51.2 mt to the ° ′ necessary for the 2008 fishing year one-time quota transfer may not southern area (south of 39 18 N. (January 1, 2008 - December 31, 2008); retransfer that quota. For the United latitude), plus 22 mt held in reserve; (2) establish General category effort States, the 15–percent limit on quota large school/small medium BFT — controls, including restricted fishing transfer equates to 178.5 mt. Consistent 105.2 mt, with 49.6 mt to the northern days (RFDs) and initial retention limits; with § 635.27(a)(8), NMFS would area and 55.6 mt to the southern area; and (3) establish Angling category consider several factors in deciding and large medium/giant BFT — 5.3 mt, retention limits for the 2008 fishing whether or not the United States would with 1.8 mt to the northern area and 3.5 season. This action is published in enter into an arrangement with another mt to the southern area. The 25–mt NED accordance with the framework ICCAT contracting party, including, but set-aside quota is in addition to the procedures set forth in the Consolidated not limited to, the amount of quota to overall incidental longline quota to be HMS FMP and is supported by the be transferred, the projected ability of subdivided in accordance with the analytical documents prepared for the U.S. vessels to harvest the U.S. TAC North/South allocation percentages (i.e., Consolidated HMS FMP and for the before the end of the fishing year, the no more than 60 percent to the south of 2007 BFT specifications and effort potential benefits of the transfer to U.S. 31° N. latitude). Thus, the baseline controls. Copies of these documents are fishing participants, potential ecological Longline category quota of 94.4 mt is available from NMFS (see ADDRESSES). impacts, and the contracting party’s subdivided as follows: 37.8 mt to ICCAT compliance status. Should pelagic longline vessels landing BFT 2006 ICCAT Recommendation, BFT NMFS consider a transfer of U.S. quota north of 31° N. latitude and 56.6 mt to Underharvests, and Transfers to Other to another ICCAT contracting party, pelagic longline vessels landing BFT ICCAT Contracting Parties NMFS would publish a separate action south of 31° N. latitude, with 25 mt set- At its 2006 meeting, ICCAT in the Federal Register, which would aside for bycatch of BFT related to recommended a western Atlantic BFT provide detail of the transaction directed pelagic longline fisheries in the Total Allowable Catch (TAC) of 2,100 considered, including information NED. NMFS accounts for landings mt to allow for continued rebuilding of regarding the factors above. under this additional quota separately
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56038 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
from other landings under the Longline gear types and fishing sectors that do (5.2 percent) would be available in the north subcategory. not use the pelagic longline vessel period beginning December 1, 2008, and The baseline landings quota and logbook are unavailable at this time and ending December 31, 2008. category subquotas are effective until thus are not included in this As discussed in the Consolidated changed, for instance, as a result of a calculation. Per the ICCAT HMS FMP, NMFS has received public potential new ICCAT BFT TAC recommendation, which specifies a U.S. comment expressing concern relating to recommendation made at its upcoming quota that is inclusive of dead discards, the rollover of underharvest or 2008 Annual Meeting. Consistent with and consistent with the regulations overharvest from one subperiod to the the Consolidated HMS FMP, NMFS will regarding annual quota adjustments at next between fishing years. In the make underharvest and overharvest § 635.27(a)(10)(iv), NMFS would deduct Consolidated FMP, NMFS considered adjustments as necessary for the 2008 the 91.3 mt of estimated dead discards three scenarios that could occur fishing year. from the amount of quota available for regarding disposition of any carryover 2008 Quota Specifications the Longline category for the 2008 that accrues during the December fishing year. The best available subperiod: (1) rollover of any NMFS anticipates that the 2007 information indicates that pelagic underharvest or overharvest in full to fishing year underharvest will be longline landings and dead discards for the January subquota; (2) rollover of 5.3 substantial, based on current landings 2006 totaled 148 mt. The baseline percent of the underharvest or information and communication with longline category quota is 94.4 mt. overharvest to the January subquota; BFT fishermen, and given the relatively Therefore, NMFS proposes to use 56.7 and (3) no rollover of any underharvest low BFT harvest rates in recent years. mt of BFT underharvest to cover the or overharvest to the January subquota. However, the current ICCAT anticipated pelagic longline fishery However, the 2006 ICCAT recommendation limits the amount of landings during the 2008 fishing year. recommendation to cap the carryover of underharvest the United States may Additionally, NMFS would place underharvest from one year to the next carry over for 2008 to 595.1 mt. In this 178.5 mt (i.e., 15 percent of 1,190.12 mt) and to account for dead discards action, NMFS proposes to carryover of 2007 fishing year underharvest in the 595.1 mt of BFT underharvest from the annually has led to the underharvest Reserve for potential ICCAT transfer allocation approach used in the 2007 2007 fishing year to the 2008 fishing purposes and other domestic year quota, and distribute that fishing year and described above. NMFS management objectives. NMFS proposes intends to publish final specifications in underharvest in such a manner to: (1) to distribute the remainder of the quota Allow for potential transfer of a portion advance of the 2008 fishing year, which carryover (363 mt) to the Angling, would allow General category (up to 15 percent) of the 2008 U.S. quota General, Harpoon, Purse Seine, and to other ICCAT Contracting Parties and participants to plan fishing activities Trap categories consistent with their based on the adjusted January 2008 other domestic management objectives, FMP allocations. subquota. if warranted; (2) ensure that the In accordance with the 2006 ICCAT Longline category has sufficient quota to quota recommendation, the Based on the above proposed initial operate during the 2008 fishing year Consolidated HMS FMP percentage specifications and considerations after the required accounting for BFT shares for each of the domestic regarding the school BFT fishery, the dead discards; and (3) provide the non- categories, and regulations regarding Angling category quota of 309.5 mt Longline quota categories a share of the annual adjustments at § 635.27(a)(10), would be further subdivided as follows: remainder of the underharvest School BFT — 119 mt, with 45.8 mt to NMFS proposes initial quota ° ′ consistent with the allocation scheme specifications for the 2008 fishing year the northern area (north of 39 18 N. established in the Consolidated HMS as follows: General category — 740.0 mt; latitude), 51.2 mt to the southern area ° ′ FMP. Harpoon category — 61.2 mt; Purse (south of 39 18 N. latitude), plus 22 mt The United States must report dead Seine category — 292.2 mt; Angling held in reserve; large school/small discard estimates to ICCAT annually category — 309.5 mt; Longline category medium BFT — 183.4 mt, with 86.6 mt and account for this mortality as part of — 56.7 mt; and Trap category — 1.6 mt. to the northern area and 96.8 mt to the the specification calculation process. Additionally, 207.6 mt would be southern area; and large medium/giant Accordingly, NMFS must account for allocated to the Reserve category for BFT — 7.1 mt, with 2.4 mt to the BFT dead discards in setting the 2008 inseason adjustments, scientific northern area and 4.7 mt to the southern fishing year quota. NMFS proposes to research collection, potential area. assign a sufficient amount of any quota overharvest in any category except the The 25–mt NED set-aside quota is in carryover (53.6 mt) to the Longline Purse Seine category, and potential addition to the overall incidental category so that after accounting for quota transfers. longline quota to be subdivided in dead discards, sufficient quota is The proposed General category quota accordance with the North/South available to cover anticipated pelagic of 740.0 mt would be divided per the allocation percentages (i.e., no more longline fishery landings during the time period allocations established in than 60 percent to the south of 31° N. 2008 fishing year. Providing sufficient the Consolidated FMP, i.e., 39.2 mt (5.3 latitude). Thus, the proposed Longline landings quota would allow not only a percent) for the period beginning category quota of 56.7 mt would be full year fishery but avoid discards that January 1, 2008, and ending January 31, subdivided as follows: 22.7 mt to could result if the fishery were closed 2008, 370.0 mt (50 percent) would be pelagic longline vessels landing BFT due to the quota being met while available in the period beginning June 1, north of 31° N. latitude and 34.0 mt to longline vessels are fishing for other 2008, and ending August 31, 2008; pelagic longline vessels landing BFT species. 196.1 mt (26.5 percent) would be south of 31° N. latitude, with 25 mt set- The best available preliminary available in the period beginning aside for bycatch of BFT related to estimate of dead discards for 2006 is September 1, 2008, and ending directed pelagic longline fisheries in the 91.3 mt. This estimate is generated via September 30, 2008; 96.2 mt (13 NED. NMFS would account for landings extrapolation of pelagic longline percent) would be available in the under this additional quota separately logbook tallies by pooled observer data. period beginning October 1, 2008, and from other landings under the Longline Estimates of dead discards from other ending November 30, 2008; and 38.5 mt north subcategory.
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56039
Adjustments to the 2008 quotas and category subquotas. The action also year as of January 2008 per the Consolidated subquotas will be updated in the final would provide the same retention limit HMS FMP). The final regulatory flexibility rule. If complete information is not for both private and charter/headboat analysis (FRFA) prepared for the 2007 BFT available when the final rule is vessels. NMFS has received public specifications and effort controls indicated that there were 9,001 commercial Atlantic published, NMFS may need to publish comment on the 2007 quota and effort tunas or Atlantic HMS permit holders. This a quota adjustment in 2008. control specifications and during the constitutes the best available information General Category Effort Controls 2007 fishing season that application of regarding the universe of permit holders as the same measures for both sectors permits are still being renewed for the 2007 In addition to time-period subquotas, works well. NMFS does not have and 2008 fishing years. Because NMFS NMFS also implements General information, from recreational BFT considers all the commercial Atlantic tunas category RFDs to extend the General landings estimates or from public and HMS permit holders to be small business category fishing season. The RFDs are comment, that would support a change entities, disproportionality of economic designed to address the same issues impacts between small and large business in the Angling category retention limit entities is not an issue. addressed by time-period subquotas and for 2008 from the one implemented for provide additional fine scale inseason This proposed rule would not change the the 2007 fishing year. BFT baseline quota and category subquotas, flexibility. For the 2008 fishing year, or implement any new management NMFS proposes a series of solid blocks Classification measures not previously considered, and of RFDs to extend the General category NMFS has preliminarily determined thus NMFS has determined that the impact for as long as possible through the end that the proposed rule is consistent with on small entities affected by the proposed of the 2008 fishing year. Therefore, the Magnuson-Stevens Act and the rule will not be significant. The 2006 ICCAT NMFS proposes that persons aboard Atlantic Tunas Convention Act as well recommendation is in effect until changed, vessels permitted in the General as with the Consolidated HMS FMP and for instance, as a result of a new ICCAT BFT quota recommendation made at its November category would be prohibited from recommendations of the International fishing, including catch-and-release and 2008 Annual Meeting. The domestic BFT Commission for the Conservation of baseline quotas and subquotas are codified in tag-and-release, for BFT of all sizes on Atlantic Tunas. the regulations. Each proposed action in this the following days: all Saturdays and This proposed rule has been rule is addressed separately below. Sundays from November 15, 2008, determined to be not significant for Carryover of underharvest: The 2006 through December 31, 2008, plus purposes of Executive Order 12866. ICCAT recommendation limits carryover of November 27 and December 25, 2008, The Chief Counsel for Regulation of BFT underharvest from the 2007 fishing year while the fishery is open. the Department of Commerce certified to the 2008 fishing year quota to 595.1 mt. Finally, NMFS proposes to increase to the Chief Counsel for Advocacy of the NMFS proposes to carry over and to distribute 595.1 mt of BFT underharvest via the General category retention limit to Small Business Administration that this three BFT (73 inches (185.4 cm) or the same method as used for the 2007 fishing proposed rule, if adopted, would not year, and consistently with the ICCAT greater per vessel per day/trip) for the have a significant economic impact on January and June-August subperiods. recommendation and with the Consolidated a substantial number of small entities as HMS FMP. The adjusted quota for the 2008 This action is intended to allow follows: fishing year would be 2 percent higher than increased opportunities to harvest the The 2008 annual specifications are that for the 2007 fishing year based on the General category quota during the necessary to implement the 2006 preliminary estimate of the amount of period when catch rates have International Commission for the underharvest that NMFS would use to cover historically been slow, and to avoid Conservation of Atlantic Tunas (ICCAT) anticipated Longline category landings in accumulation of unused quota. This quota recommendation, as required by the 2008. Given that the U.S. quota has been retention limit would be effective from Atlantic Tunas Convention Act, and to underharvested by a substantial amount in January 1, 2008, through January 31, achieve domestic management objectives the last few years, and is expected to be 2008 and from June 1, 2008, through under the Magnuson-Stevens Act. The underharvested this year, this increase is not proposed rule would: (1) Establish initial expected to have a significant impact on August 31, 2008, unless adjusted with quota specifications consistent with the BFT individual small entities. The annual an inseason action, if necessary. NMFS rebuilding program by adjusting the 2006 specification process that this proposed rule may consider further retention limit ICCAT-recommended quota as necessary for follows, including application of adjustments after August 31, 2008, the 2008 fishing year; (2) establish General underharvests and overharvests, is described depending on several factors, including category effort controls, including restricted in detail in Chapters 3 and 4 of the but not limited to catch rates and fishing days (RFDs) and initial retention Consolidated HMS FMP. availability of quota. limits; and (3) establish Angling category Effort controls: The proposed rule would retention limits for the 2008 fishing season. increase the General category retention limit Angling Category Effort Controls This action was developed in accordance from the default level of 1 BFT to 3 BFT (73 NMFS proposes to increase the with the framework procedures set forth in inches or greater), the maximum allowed Angling category retention limit to one the Consolidated Atlantic Highly Migratory under the FMP. This action is the same as Species Fishery Management Plan implemented for the 2007 fishing year and is school BFT (27 inches (68.6 cm) to less (Consolidated HMS FMP), and is supported intended to allow for maximum utilization of than 47 inches (119.4 cm)), and two by the analytical documents prepared for the the BFT quota. An examination of landings large school/small medium BFT (i.e., Consolidated HMS FMP and for the 2007 data indicates that, while the retention limit two BFT measuring 47 inches (119.4 BFT specifications and effort controls. increase would allow fishermen the cm) to less than 73 inches (185.4 cm)) On June 18, 2007, the National Marine flexibility to retain a second or third BFT if per vessel per day/trip. This limit was Fisheries Service (NMFS) published a final encountered, it is likely to have only slightly set for the 2007 fishing year to be rule (72 FR 33401) that modified the baseline positive economic impacts on General consistent with the 2006 ICCAT BFT landings quota to 1,165.12 mt to category participants because success rates of recommendation that limits tolerance implement the 2006 ICCAT recommendation, catching a second or third BFT have been set the category subquotas per the allocations very low in recent years. for school BFT landings to 10 percent of established in the Consolidated HMS FMP, NMFS currently does not have information the U.S. TAC, calculated on a four-year and set effort controls for the General and that would support a change in the Angling average, and to maximize use of the Angling categories for the 2007 fishing year category retention limit for 2008 from the one Angling category quota while avoiding (June 1 through December 31, 2007, pursuant implemented for the 2007 fishing year. The overharvest of each of the Angling to the change in fishing year to a calendar proposed increase of the Angling category
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56040 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
retention limit from the default of 1 fish implementation of RFDs may have slightly Public Hearings (school, large school, or small medium BFT) positive impacts, if needed, i.e., if not waived to 3 fish (1 school BFT plus 2 large school upon determination that they will not be The hearing locations are physically or small medium BFT) is expected to provide needed, for instance if late season fishing accessible to people with disabilities. increased opportunities to for recreational rates are low. Regardless, the schedule of Requests for sign language anglers without risking overharvest of the proposed RFDs is not expected to have a interpretation or other auxiliary aids Angling category quota. To the extent that significant impact on small entities and is not should be directed to Sarah McLaughlin these increased opportunities may result in expected to have any relative impact when at (978) 281–9279, at least 7 days prior increased charter/headboat bookings, there to the meeting. may be slightly positive impacts on Charter/ compared with the 2007 fishing season. Headboat permit holders. Because the economic impact of the Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. The proposed RFDs are also the same as carryover of underharvest and effort controls, 1801 et seq. those implemented for the 2007 fishing year to the extent that there are any, is expected Dated: September 26, 2007. (with adjustments as needed for the 2008 to be generally positive, this rule, if adopted, William T. Hogarth calendar) and are designed to pace the entry would not have a significant economic Assistant Administrator for Fisheries, of product to the market when landings rates impact on a substantial number of small National Marine Fisheries Service. are high. To the extent that RFDs have the entities. potential to improve market prices, [FR Doc. E7–19421 Filed 10–1–07; 8:45 am] particularly for exported BFT, the BILLING CODE 3510–22–S
VerDate Aug<31>2005 15:27 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\02OCP1.SGM 02OCP1 rmajette on PROD1PC64 with PROPOSALS 56041
Notices Federal Register Vol. 72, No. 190
Tuesday, October 2, 2007
This section of the FEDERAL REGISTER for the proper performance of the Form No.: N/A. contains documents other than rules or functions of the agency, including Title: Partner Information Form. proposed rules that are applicable to the whether the information shall have public. Notices of hearings and investigations, Type of Review: New Information practical utility; (b) the accuracy of the Collection. committee meetings, agency decisions and burden estimates; (c) ways to enhance rulings, delegations of authority, filing of Purpose: The United States Agency the quality, utility, and clarity of the petitions and applications and agency for International Development USAID). information collected; and (d) ways to statements of organization and functions are Office of Security, intends to collect minimize the burden of the collection of examples of documents appearing in this information from approximately 2000 information on the respondents, section. individuals and/or officers of non- including the use of automated governmental organizations (NGOs) who collection techniques or other forms of apply for USAID contracts, grants, AGENCY FOR INTERNATIONAL information technology. cooperative agreements, other funding DEVELOPMENT DATES: Submit comments on or before from USAID, or who apply for December 3, 2007. registration with USAID as Private and Notice of Public Information Collection ADDRESSES: Send comment via e-mail at Being Reviewed by the U.S. Agency for Voluntary Organizations (PVO). [email protected] or mail comments to: Collection of personally identifiable International Development; Comments Jeff Denale, Coordinator for Requested; Republication information from these individuals is Counterterrorism, Office of Security, specifically used to conduct screening SUMMARY: This Federal Register notice United States Agency for International to ensure that neither USAID funds nor was originally published on July 23, Development, Ronald Reagan Building, USAID-funded activities inadvertently 2007 (72 FR 40110) and is being 1300 Pennsylvania Avenue, NW., provide support to entities or republished and amended. U.S. Agency Washington, DC 20523, (202) 712–1264. individuals associated with terrorism. FOR FURTHER INFORMATION CONTACT: for International Development (USAID) Annual Reporting Burden: Beverly Johnson, Bureau for is making efforts to reduce the Respondents: 2000. paperwork burden. USAID invites the Management, Office of Administrative Total annual responses: 2000. general public and other Federal Services, Information and Records agencies to take this opportunity to Division, United States Agency for Total annual hours requested: comment on the following proposed International Development, Ronald 500 hours. and/or continuing information Reagon Building, 1300 Pennsylvania Dated: September 24, 2007. collections, as required by the Avenue, NW., Washington, DC 20523, Joanne Paskar, Paperwork Reduction Act for 1995. (202) 712–1365 or via e-mail Chief, Information and Records Division, Comments are requested concerning: (a) [email protected]. Office of Administrative Services, Bureau for Whether the proposed or continuing SUPPLEMENTARY INFORMATION: Management. collections of information are necessary OMB No: BILLING CODE 6116–01–M
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56042 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4725 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES EN02OC07.000 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56043
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4725 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES EN02OC07.001 56044 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
[FR Doc. 07–4775 Filed 10–01–07; 8:45 am] BILLING CODE 6116–01–C
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES EN02OC07.002 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56045
AGENCY FOR INTERNATIONAL will continue its discussion on defining DEPARTMENT OF AGRICULTURE DEVELOPMENT the Board’s action agenda for 2008. The Board will be entertaining comments Submission for OMB Review; Board for International Food and from the audience on identification of Comment Request Agricultural Development; One critical priorities for international September 27, 2007. Hundred and Fifty-Second Meeting; agriculture. It is the Board’s intention to Notice of Meeting The Department of Agriculture has formulate several key recommendations submitted the following information Pursuant to the Federal Advisory which can be presented to the USAID collection requirement(s) to OMB for Committee Act, notice is hereby given of Administrator. Incorporated into the review and clearance under the the one hundred and fifty-second afternoon deliberations will be Paperwork Reduction Act of 1995, meeting of the Board for International discussion on several special initiatives Public Law 104–13. Comments Food and Agricultural Development including: facilitation of a Conference of regarding (a) Whether the collection of (BIFAD). The meeting will be held from Deans of Agriculture; conducting a information is necessary for the proper 9 a.m. to 5:30 p.m. on October 17, 2007 study on ‘‘Defining a Title XII Activity’’; performance of the functions of the at the Des Moines Marriott Downtown and ideas related to formulating a new agency, including whether the located at 700 Grand Avenue, Des Center of Excellence for Technology information will have practical utility; Moines, Iowa. The meeting venue is in Adaptation in Africa with possible links (b) the accuracy of the agency’s estimate the Marriott Hotel’s Iowa Ballroom, to the new U.S. military command of burden including the validity of the Salons A, B, and C located on the AFRICOM. methodology and assumptions used; (c) second floor. ways to enhance the quality, utility and After a mid-afternoon break the Board Dr. Robert Easter, Interim Chairman of clarity of the information to be meeting shifts to several policy oriented BIFAD will open the meeting. Dr. Easter collected; (d) ways to minimize the is the Dean, College of Agriculture, presentations. First, Catherine Bertini, burden of the collection of information Consumer and Environment Sciences at Professor of Public Administration, on those who are to respond, including the University of Illinois. Dean Easter Maxwell School, Syracuse University through the use of appropriate was elected by the Board to serve in this will present a report on: ‘‘U.S. Funding automated, electronic, mechanical, or capacity upon the April 3, 2007 for Higher Education in sub-Saharan other technological collection resignation of Mr. Peter McPherson, Africa: A Case Study.’’ Then in keeping techniques or other forms of information former USAID Administrator. The with the theme of the World Food Prize technology should be addressed to: Desk business meeting will begin with a symposium, there will be two papers Officer for Agriculture, Office of presentation of USAID’s FY 2006 Title presented on implications of Biofuels to Information and Regulatory Affairs, XII Report to Congress. It is expected development in Africa. These Office of Management and Budget that the Board will be looking at ways presentations, with open public (OMB), to enhance Title XII input and discussion, will be given by Dr. Kenneth [email protected] or collaboration on the preparation of the Cassman, Professor, Agronomy & fax (202) 395–5806 and to Departmental FY 2007 report. Following the Title XII Horticulture, University of Nebraska Clearance Office, USDA, OCIO, Mail Report, the Board will discuss and Dr. Youba Sokona, executive Stop 7602, Washington, DC 20250– operational and management issues secretary, Sahara & Sahel Observatory, 7602. Comments regarding these concerning the Strategic Partnership for Tunis, Tunisia. information collections are best assured Agricultural Research and Education of having their full effect if received The Board meeting is free and open to (SPARE), establishment of a new BIFAD within 30 days of this notification. sub-committee, USAID’s revisions to the the public. Discussion and comments Copies of the submission(s) may be ADS 216 (policy guidance) relative to from the audience are especially obtained by calling (202) 720–8681. Title XII implementation, SPARE welcome. Those wishing to attend the An agency may not conduct or committee issues, and other actions. meeting or obtain additional sponsor a collection of information Late in the morning the Board will information about BIFAD should unless the collection of information shift its attention to ‘‘Big Picture’’ contact Dr. Ronald S. Senykoff, the displays a currently valid OMB control thinking when it discusses ideas and Designated Federal Officer for BIFAD. number and the agency informs plans for defining BIFAD’s Strategic Write him in care of the U.S. Agency for potential persons who are to respond to Direction in 2008. Critical to this will be International Development, Ronald the collection of information that such the role of BIFAD in supporting USAID Reagan Building, Office of Agriculture, persons are not required to respond to in collaboration with the U.S. university Bureau for Economic Growth, the collection of information unless it network to address priority agricultural Agriculture and Trade, 1300 displays a currently valid OMB control issues in the context of transformational Pennsylvania Avenue, NW., Room 2.11– number. development. The Board will be re- 085, Washington, DC 20523–2110 or Agricultural Marketing Service visiting its earlier resolution with regard telephone him at (202) 712–0218 or fax to implementing recommendations (202) 216–3010. Title: USDA Food and Commodity advanced in the special study Connection Web site. conducted by former USAID Assistant Ronald S. Senykoff, OMB Control Number: 0581–0224. Administrator Richard E. Bissell USAID Designated Federal Officer for BIFAD, Summary of Collection: The USDA entitled: ‘‘Implementation of Title XII: Office of Agriculture and Food Security, Food and Commodity Connection Web Report to the BIFAD (June 2006)’’. It is Bureau for Economic Growth, Agriculture & site operates pursuant to the authority of expected that the Board will re-affirm its Trade, U.S. Agency for International Section 32 of Public Law 320, Section commitment to advancing the Development. 8 of the Child Nutrition Act of 1966 (42 recommendations made in the Bissell [FR Doc. E7–19396 Filed 10–1–07; 8:45 am] U.S.C. 1777) and the National School Report. BILLING CODE 6116–01–P Lunch Program, 7 CFR Part 210. It was Following the executive luncheon, developed to assist the institutional which is closed to the public, the Board food service community across the
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56046 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
United States. The Web site focuses on any financially interested party. It is of burden including the validity of the providing information to institutional designed to provide validation of the methodology and assumptions used; (c) food service professions, as well as applicant’s domestic origin verification ways to enhance the quality, utility and providing a platform for processors, system prior to bidding on contracts to clarity of the information to be distributors, and brokers to post supply food products to the collected; (d) ways to minimize the information about their processed Department’s Feeding programs, and/or burden of the collection of information USDA supplied commodities and other may be conducted after a contract is on those who are to respond, including commercial food products available for awarded. Participation in DOVS does through the use of appropriate institutional food service purchase. The not relieve a company of its contractual automated, electronic, mechanical, or USDA Food and Commodity requirements to provide only domestic other technological collection Connection Website provides food origin product to the USDA. techniques or other forms of information related associations a location to Need and Use of the Information: An technology should be addressed to: Desk provide information on services and interested company requests a DOVS Officer for Agriculture, Office of materials available from the questionnaire, and once completed it Information and Regulatory Affairs, organization. The Web site is a public contains the applicants procedures to Office of Management and Budget Web site and the information provided ensure fruit, nut or vegetable (OMB), is considered as public information. components or products can be traced [email protected] or Need and Use of the Information: The back to their domestic origin; use of a fax (202) 395–5806 and to Departmental USDA Food and Commodity segregation plan to keep all non- Clearance Office, USDA, OCIO, Mail Connection Web site will collect all domestic components or products Stop 7602, Washington, DC 20250– information electronically at one time separate from domestic products; for 7602. Comments regarding these upon registration. Each new user must taking corrective action on information collections are best assured create their individual login and nonconformities and deficiencies; for of having their full effect if received password. There are five types of users; checking the adequacy of their internal within 30 days of this notification. institutional food service professionals, system of ensuring domestic origin; Copies of the submission(s) may be processors, distributors, brokers and instructing employees in the domestic obtained by calling (202) 720–8958. food related associations. The Food and origin requirement and for maintaining An agency may not conduct or Commodity Connection Web site is records relating to the applicant’s sponsor a collection of information designed as a central location in which domestic origin verification system. unless the collection of information institutional food service professionals, These elements should be in place displays a currently valid OMB control who provide meals in institutional whether or not the applicant is on the number and the agency informs settings, can locate processors who DOVS program or providing a trace-back potential persons who are to respond to manufacture foods utilizing USDA on every contract. DOVS assists the collection of information that such provided commodities, distributors who companies to meet the domestic origin persons are not required to respond to distribute the manufactured food, requirement for the USDA Purchase the collection of information unless it brokers who represent the processors, Program efficiently and eliminates the displays a currently valid OMB control and food related associations. No redundancy of the trace paperwork that number. information is collected from a user is required for every USDA contract. Food and Nutrition Service when they access the Web site as a Description of Respondents: Business guest. or other for-profit. Title: Direct Verification Evaluation Description of Respondents: Business Number of Respondents: 100. Study. or other for-profit; farms. Frequency of Responses: Reporting: OMB Control Number: 0584–NEW. Number of Respondents: 850. Annually. Summary of Collection: The Child Frequency of Responses: Reporting: Total Burden Hours: 100. Nutrition and WIC Reauthorization Act of 2004 (Public Law 108–265) expanded Other (one time). Charlene Parker, Total Burden Hours: 280. authorization for local education Departmental Information Collection agencies to directly verify eligibility for Agricultural Marketing Service Clearance Officer. the National School Lunch Program Title: Domestic Origin Verification [FR Doc. E7–19437 Filed 10–1–07; 8:45 am] (NSLP) without contacting households, System Questionnaire. BILLING CODE 3410–02–P using data from other means-tested OMB Control Number: 0581–0234. programs such as the Food Stamp Summary of Collection: The Program, Temporary Assistance to DEPARTMENT OF AGRICULTURE Agricultural Marketing Act of 1946 (7 Needy Families, Food Distribution U.S.C. 1622(h)) requires and directs the Submission for OMB Review; Program on Indian Reservations, Department to promulgate rules and Comment Request Medicaid, and the State Children’s regulations to carry out voluntary Health Insurance Program. Direct inspection and grading services on a fee September 27, 2007. verification is intended to reduce for service basis. The collection of The Department of Agriculture has burden on households and Local information regarding the requirement submitted the following information education agencies (LEAs), improve for companies to ensure domestic origin collection requirement(s) to OMB for program operations, and reduce the of the products they deliver to the review and clearance under the number of children losing NSLP USDA Purchase Program is provided for Paperwork Reduction Act of 1995, benefits due to household nonresponse in the ‘‘General Terms and Conditions Public Law 104–13. Comments to verification requests. for Procurement of Agricultural regarding (a) Whether the collection of Need and Use of the Information: The Commodities of Services,’’ (USDA–1). information is necessary for the proper Food and Nutrition Service (FNS) will The Domestic Origin Verification performance of the functions of the collect information to understand the System Program (DOVS) is a voluntary agency, including whether the methods of direct verification and their audit and verification user-fee service information will have practical utility; effectiveness, the Direct Verification available to suppliers, processors, and (b) the accuracy of the agency’s estimate Pilot Study will systematically collect
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56047
data from eight states. FNS proposes to Expiration Date of Approval: February Respondents: Applicants who are conduct four data collection activities: 29, 2008. applying for grading and inspection Interviews with State CN and Medicaid Type of Request: Extension and services. agencies; survey of LEAs; administrative revision of a currently approved Estimated Number of Respondents: data collection from LEAs and State information collection. 1,437. agencies; and telephone interviews with Abstract: The Agricultural Marketing Estimated Number of Responses: LEAs. Without the data FNS will not be Act of 1946 (7 U.S.C. 1621—et seq.) 21,068. able to assess the effectiveness of NSLP (AMA) directs and authorizes the Estimated Number of Responses per direct verification, and FNS will not be Department to develop standards of Respondent: 0.07. able to disseminate information about quality, grades, grading programs, and Estimated Total Annual Burden on DV–M implementation to assist agencies other services to facilitate trading of Respondents: 1,124. that do not currently use DV–M. agricultural products and assure Comments are invited on: (1) Whether Description of Respondents: State, consumers of quality products which the proposed collection of information Local, or Tribal Government. are graded and identified under USDA is necessary for the proper performance Number of Respondents: 364. programs. Section 203(h) of the AMA of the functions of the agency, including Frequency of Responses: specifically directs and authorizes the whether the information will have Recordkeeping; Report: Annually. Secretary of Agriculture to inspect, practical utility; (2) the accuracy of the Total Burden Hours: 379. certify, and identify the grade, class, agency’s estimate of the burden of the proposed collection of information Ruth Brown, quality, quantity, and condition of agricultural products under such rules including the validity of the Departmental Information Collection methodology and assumptions used; (3) Clearance Officer. and regulations as the Secretary may prescribe, including assessment and ways to enhance the quality, utility, and [FR Doc. E7–19439 Filed 10–1–07; 8:45 am] collection of fees for the cost of the clarity of the information to be BILLING CODE 3410–30–P service. The regulations for such collected; and (4) ways to minimize the services for processed fruits and burden of the collection of information on those who are to respond, including DEPARTMENT OF AGRICULTURE vegetables and related products may be found at 7 CFR Part 52. the use of appropriate automated, Agricultural Marketing Service AMS also provides other types of electronic, mechanical, or other voluntary services under the same technological collection techniques or [Docket No. AMS–FV–07–0120; FV–07–331] regulations, e.g., contract and other forms of information technology. specification acceptance services, Comments may be sent to Mr. Terry B. Notice of Request for Extension and facility assessment services and Bane, Processed Products Branch, Fruit Revision of a Currently Approved certifications of quantity and quality. and Vegetable Programs, Agricultural Information Collection Grading services are available on a Marketing Service, U.S. Department of Agriculture, STOP 0247, 1400 AGENCY: resident basis or a lot-fee basis. Agricultural Marketing Service, Independence Avenue, SW., USDA. Respondents may request resident service on a continuous basis or on an Washington, DC 20250–0247; fax (202) ACTION: Notice and request for as-needed basis. The service is paid for 690–1527; or e-mail comments. by the user (user-fee). The AMA and ‘‘[email protected]’’. All comments received will be SUMMARY: In accordance with the these regulations do not mandate the available for public inspection during Paperwork Reduction Act of 1995 (44 use of these services; they are provided regular business hours at the same U.S.C. Chapter 35), this notice only to those entities that request or address. announces the intention of the apply for a specific service. All responses to this notice will be Agricultural Marketing Service (AMS) to In order for the Agency to satisfy summarized and included in the request request an extension for and revision to those requests for service, the Agency for OMB approval. All comments will a currently approved information must request certain information from become a matter of public record. collection in support of the Regulations those who apply for service. The Governing Inspection and Certification information collected is used only by Dated: September 27, 2007. of Processed Fruits and Vegetables and Agency personnel and is used to Kenneth C. Clayton, Related Products. administer services requested by the Acting Administrator, Agricultural Marketing respondents. The information request DATES: Comments may be submitted on Service. or before December 3, 2007. requires personal data, such as, name of [FR Doc. E7–19418 Filed 10–1–07; 8:45 am] the product, name and address of the BILLING CODE 3410–02–P ADDITIONAL INFORMATION OR COMMENTS: packer or plant, location of the product, Contact Terry B. Bane, Processed type and size of containers, and Products Branch, Fruit and Vegetable designation of services requested. DEPARTMENT OF AGRICULTURE Programs, Agricultural Marketing Affected public may include any Service, U.S. Department of Agriculture, partnership, association, business trust, Forest Service STOP 0247, 1400 Independence corporation, organized group, and State, Avenue, SW., Washington, DC 20250– County or Municipal government, and Newspapers Used for Publication of 0247; fax (202) 690–1527; or e-mail any authorized agent that has a financial Legal Notice of Appealable Decisions ‘‘[email protected]’’. interest in the commodity involved and for the Northern Region; Northern SUPPLEMENTARY INFORMATION: requests service. Idaho, Montana, North Dakota, and Title: ‘‘Regulations Governing Estimate of Burden: Public reporting portions of South Dakota and Eastern Inspection and Certification of burden for this collection of information Washington Processed Fruits and Vegetables and is estimated to average 0.05 hours per AGENCY: Forest Service, USDA. Related Products—7 CFR 52’’. response (1124 total hours divided by ACTION: Notice. OMB Number: 0581–0123. 21,068 total annual responses).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56048 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
SUMMARY: This notice lists the notices in newspapers of record listed EFFECTIVE DATE: October 2, 2007. newspapers that will be used by all above. FOR FURTHER INFORMATION CONTACT: Ranger Districts, Forests, Grasslands, Dated: September 25, 2007. Michael J. Heaney or Robert James, AD/ and the Regional Office of the Northern Kathleen A. McAllister, CVD Operations, Office 7, Import Region to publish legal notices for Deputy Regional Forester. Administration, International Trade public comment and decisions subject [FR Doc. 07–4847 Filed 10–1–07; 8:45 am] Administration, U.S. Department of to appeal and predecisional Commerce, 14th Street and Constitution BILLING CODE 3410–11–M administrative review under 36 CFR Avenue, NW., Washington, DC 20230; 215, 217, and 218. The intended effect telephone: (202) 482–4475 or (202) 482– of this action is to inform interested 0649, respectively. DEPARTMENT OF COMMERCE members of the public which SUPPLEMENTARY INFORMATION: newspapers will be used to publish International Trade Administration legal notices for public comment or Background decisions; thereby allowing them to [A–580–807] On June 5, 1991, the Department receive constructive notice of a published in the Federal Register the Polyethylene Terephthalate Film, decision, to provide clear evidence of antidumping duty order on PET film Sheet, and Strip from the Republic of timely notice, and to achieve from Korea. See Antidumping Duty Korea: Preliminary Results of Changed consistency in administering the Order: Polyethylene Terephthalate Film Circumstances Review and Intent To appeals process. Sheet and Strip From Korea, 56 FR Reinstate Kolon Industries, Inc. in the DATES: Publication of legal notices in 25660 (June 5, 1991). On November 14, Antidumping Duty Order the listed newspapers will begin with 1996 , the Department revoked the order decisions subject to appeal that are AGENCY: Import Administration, with respect to Kolon after having made on or after October 1, 2007. The International Trade Administration, determined that Kolon sold the list of newspapers will remain in effect Department of Commerce. merchandise at not less than normal until another notice is published in the SUMMARY: On November 14, 1996, the value for a period of at least three Federal Register. Department of Commerce (the consecutive years. See Revocation. The FOR FURTHER INFORMATION CONTACT: Department) revoked in part the three administrative reviews forming Acting Regional Appeals Coordinator; antidumping duty order on the basis of the revocation are the June Northern Region; P.O. Box 7669; polyethylene terephthalate film, sheet 1, 1992 through May 31, 1993, review; Missoula, Montana 59807. Phone: (406) and strip (PET film) from the Republic the June 1, 1993, through May 31, 1994, 329–3381. of Korea (Korea) with respect to subject review; and the June 1, 1994, through The newspapers to be used are as merchandise manufactured and May 31, 1995, review. The final results follows: exported by Kolon Industries, Inc. of the June 1992 through May 31, 1993, (Kolon). See Polythylene Terephthalate and the June 1993 through May 31, Northern Regional Office Film, Sheet, and Strip from the Republic 1994, administrative reviews were Regional Forester decisions in of Korea: Final Results of Antidumping published on July 5, 1996. See Montana: The Missoulian, Great Falls Duty Administrative Review and Notice Polyethylene Terephthalate Film Sheet Tribune, and The Billings Gazette. of Revocation in Part, 61 FR 58734 and Strip from Korea; Final Results of Regional Forester decisions in (November 14, 1996) (Revocation). As Antidumping Duty Administrative Northern Idaho and Eastern the result of an adequate allegation from Review and Notice of Revocation in Part Washington: Coeur d’Alene Press and domestic interested parties in this 61 FR 35177, (July 5, 1996) (Second and Lewiston Tribune. proceeding, the Department, pursuant to Third Final Results). The final results of Regional Forester decisions in North section 751(b)(1) of the Tariff Act of the June 1994 through May 31, 1995, Dakota: Bismarck Tribune. 1930, as amended (the Act), is now administrative review were published Regional Forester decisions in South conducting a changed circumstances on November 14, 1996. See Polyethylene Dakota: Bismarck Tribune. review to determine whether Kolon has Terephthalate Film, Sheet, and Strip Beaverhead/Deerlodge NF - Montana resumed dumping PET film and from Korea; Final Results of Standard. whether the antidumping order should Antidumping Duty Administrative Bitterroot NF - Ravalli Republic. be reinstated for PET film manufactured Review and Notice of Revocation in Part Clearwater NF - Lewiston Tribune. and exported by Kolon. See Initiation of 61 FR 58374, (November 14, 1996) Custer NF - Billings Gazette Antidumping Duty Changed (Fourth Final Results). Pursuant to 19 (Montana). Circumstances Review: Polyethylene CFR 353.25(b) of the regulations in Rapid City Journal (South Dakota). Terephthalate Film Sheet and Strip effect at the time, and as part of its Dakota Prairie Grasslands - Bismarck from Korea, 72 FR 527 (January 5, 2007) request for revocation, on June 28, 1996, Tribune (North and South Dakota). (CCR Initiation). We preliminarily Kolon agreed to immediate Flathead NF - Daily Inter Lake. determine that Kolon has sold PET film reinstatement in the Order should the Gallatin NF - Bozeman Chronicle. at less than normal value (NV) and that Department conclude that subsequent to Helena NF - Independent Record. the order on PET film from Korea the revocation, Kolon sold the subject Idaho Panhandle NFs - Coeur d’Alene should be reinstated with respect to PET merchandise at less than normal value Press. film manufactured and exported by (NV). (19 CFR 353.25(b) has been Kootenai NF - Daily Inter Lake. Kolon. We will instruct U.S. Customs superceded by 19 CFR Lewis & Clark NF - Great Falls and Border Protection (CBP) to suspend 351.222(b)(2)(i)(B).) However, the Tribune. liquidation of all entries of PET film language in 19 CFR 351.222(b)(2)(i)(B) is Lolo NF - Missoulian. manufactured and exported by Kolon largely unchanged from 19 CFR 353.25. Nez Perce NF - Lewiston Tribune. and entered, or withdrawn from See CCR Initiation at 530. Supplemental notices may be placed warehouse, for consumption on or after Due to allegations of resumed in any newspaper, but time frames/ the date of publication of this notice in dumping submitted by DuPont Teijin deadlines will be calculated based upon the Federal Register. Films (DuPont), Mitsubishi Polyester
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56049
Film, Inc. (Mitsubishi), and Toray Scope of the Order Fair Value Comparisons Plastics America Inc. (Toray) To determine whether sales of PET (collectively DuPont, Mitsubishi, and Imports covered by this review are shipments of all gauges of raw, film from Korea to the United States Toray are the Petitioners), we initiated were made at less than NV, we a changed circumstance review on pretreated, or primed polyethylene 1 terephthalate film, sheet, and strip, compared Kolon’s constructed export January 5, 2007, to determine whether (CEP) and export price (EP) sales made Kolon has resumed dumping and whether extruded or coextruded. The in the United States to unaffiliated whether we should reinstate the films excluded from this review are purchasers, to NV as described in the antidumping duty order for subject metallized films and other finished ‘‘United States Price’’ and ‘‘Normal merchandise manufactured and films that have had at least one of their Value’’ sections of this notice, below. In exported by Kolon. See CCR Initiation at surfaces modified by the application of accordance with section 777A(d)(2) of 528–9. a performance enhancing resinous or the Act, we compared individual CEP On December 27, 2006, we inorganic layer of more than 0.00001 and EP sales to monthly weighted– documented our analysis regarding the inches (0.254 micrometers) thick. average NVs. reasonableness of the data presented by PET film is currently classifiable Petitioners in their allegations. See the under Harmonized Tariff Schedule Product Comparisons December 27, 2006, ‘‘Initiation Checklist (HTS) subheading 3920.62.00. The HTS In accordance with section 771(16) of for the Changed Circumstances Review subheading is provided for convenience the Act we considered all products of Polyethylene Terephthalate Film and for customs purposes. The written produced by Kolon covered by the Sheet and Strip from Korea.’’ On description remains dispositive as to the description in the ‘‘Scope of the January 4, 2007, we issued a scope of the product coverage. Review’’ section, above, and sold in the questionnaire to Kolon. Kolon This changed circumstances review home market during the POR, to be submitted its response to Sections A, B, covers Kolon and the period July 1, foreign like products for purposes of C, and D of our questionnaire on 2005 through June 30, 2006 determining appropriate product February 28, 2007. On April 3, 2007, we comparisons to U.S. sales. We first issued our first supplemental Basis for Reinstatement attempted to compare contemporaneous questionnaire to Kolon. Kolon U.S. and comparison–market sales of submitted its response to our April 3, In requesting revocation, Kolon certified, pursuant to the Department’s products that are identical with respect 2007, questionnaire on April 30, 2007. to the following characteristics: 1) On June 8, 2007, we issued a second regulations, that it agreed to immediate reinstatement of the order, so long as specification; 2) thickness, 3) surface supplemental questionnaire to Kolon to treatment, and 4) grade. Where we were which Kolon responded on June 29, any exporter or producer is subject to the order, if the Secretary concluded unable to compare sales of the identical 2007. Based on our analysis of Kolon’s merchandise, we compared U.S. sales to home market and U.S. sales data, we that subsequent to the revocation, Kolon sold PET film at less than NV. See comparison–market sales of the most preliminarily determine that Kolon sold similar merchandise based on the above PET film at issue at less than NV during Revocation at 58374. Under both 19 CFR 353.25(b) (the regulation in effect at the characteristics. Where there were no the July 1, 2005 through June 30, 2006 sales of foreign like product to compare period of review. time the Department revoked the order with respect to Kolon) and 19 CFR to a U.S. sale, we compared the price of Verification 351.222(b)(2)(i)(B) (the current the U.S. sale to constructed value (CV). As provided in section 782(i)(3) of the regulation governing revocation) as long Level of Trade Act and 19 CFR 351.307(b)(iv), the as an antidumping duty order remains In accordance with section Department verified the cost of in force, an entity previously granted a 773(a)(1)(B) of the Act, to the extent production (COP), constructed value revocation may be reinstated under that practicable, we base NV on sales made (CV), home market sales, and U.S. sales order if it is established that the entity in the comparison market at the same questionnaire responses of Kolon. We has resumed the dumping of subject level of trade (LOT) as the CEP or EP conducted the COP/CV verification from merchandise. transaction. The NV LOT is defined as August 6 to August 10, 2007. We In this case, because other exporters the starting–price sales in the home conducted the home market and U.S. in Korea remain subject to the market or, when NV is based on sales verification from August 11 to antidumping duty order on constructed value (CV), as the sales from August 15. We used standard Polyethylene Terephthalate Film, Sheet, which selling, general, and verification procedures, including on– and Strip from Korea, the order remains administrative (SG&A) expenses and site inspection of Kolon’s facilities, and in effect, and Kolon may be reinstated profit are derived. The EP LOT is examination of relevant sales and in the order. The Department granted defined as the starting price in the financial records. Our verification Kolon revocation based in part upon its United States to the unaffiliated U.S. results are outlined in the COP/CV and agreement to immediate reinstatement customer. With respect to CEP home market and U.S. sales verification in the antidumping duty order if the transactions in the U.S. market, the CEP reports for Kolon. For a further Department were to find that the LOT is defined as the level of the discussion, see Memorandum to the file company resumed dumping of PET film constructed sale from the exporter to the through Neal Halper, from Ernest from Korea. See Revocation at 58374. importer. See 773(a)(7)(A) of the Act. Gziryan (‘‘COP/CV verification report’’), As described in the ‘‘U.S. Price’’ and To determine whether NV sales are at and Memorandum to the File through ‘‘Normal Value’’ sections, below, we a different LOT than CEP sales, we Robert James, from Michael Heaney and have examined Kolon’s response and examine stages in the marketing process Maryanne Burke (‘‘Home market and have preliminarily found that Kolon’s and selling functions along the chain of U.S. sales verification report’’.) dumping margin for the review period distribution between the producer and 1 The initiation notice was signed by the Acting is greater than de minimis. Accordingly, the unaffiliated customer. See 19 CFR Assistant Secretary for Import Administration on we preliminarily intend to reinstate 351.412(c)(2). If the comparison–market December 27, 2006. Kolon in the antidumping order. sales are at a different LOT, and the
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56050 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
difference affects price comparability, as response at A–5. We reviewed the level Id. Based on the foregoing, we conclude manifested in a pattern of consistent at which Kolon performed each of these that the NV LOT is at a more advanced price differences between the sales on selling functions with respect to each stage than the CEP LOT. which NV is based and comparison– claimed channel of distribution and Because we found the home market market sales at the LOT of the export customer category. For all of the and U.S. sales were made at different transaction, we make a LOT adjustment activities listed (which included sales LOTs, we examined whether a LOT under section 773(a)(7)(A) of the Act. forecasting, strategic and economic adjustment or a CEP offset may be For CEP sales, if the NV level is more planning, sales promotion, order appropriate in this review. As we found remote from the factory than the CEP processing, and technical assistance), only one LOT in the home market, it level and there is no basis for the level of performance for both direct was not possible to make a LOT determining whether the difference in shipments and warehouse shipments adjustment to home market prices, the levels between NV and CEP affects was identical across all types of because such an adjustment is price comparability, we adjust NV customers. Based on our analysis of all dependent on our ability to identify a under section 773(a)(7)(B) of the Act of Kolon’s home market selling pattern of consistent price differences (the CEP offset provision). See, e.g., functions, we find all home market sales between the home market sales on Final Determination of Sales at Less were made at the same LOT, the NV which NV is based and home market Than Fair Value: Greenhouse Tomatoes LOT. We also found that Kolon sales at the LOT of the export From Canada, 67 FR 8781 (February 26, provided a similar level of selling transaction. See 19 CFR 2002) and accompanying Issues and functions on all of its EP sales, and that 351.412(d)(1)(ii). Furthermore, we have Decisions Memorandum at Comment 8; the level of these EP selling functions no other information that provides an see also Certain Hot–Rolled Flat–Rolled was comparable to the level of selling appropriate basis for determining a LOT Carbon Quality Steel Products from functions that Kolon performed on its adjustment. Because the data available Brazil; Preliminary Results of home market sales. Id. Based on the do not form an appropriate basis for Antidumping Duty Administrative foregoing, we determine that there is making a LOT adjustment, and because Review, 70 FR 17406, 17410 (April 6, one level of trade on Kolon’s EP sales the NV LOT is at a more advanced stage 2005); unchanged in Notice of Final and that the EP LOT is comparable to of distribution than the CEP LOT, we Results of Antidumping Duty the HM LOT. have made a CEP offset to NV in Administrative Review of Certain Hot– Kolon also indicated it made CEP accordance with section 773(a)(7)(B) of Rolled Flat–Rolled Carbon Quality Steel sales through its U.S. affiliate, Kolon the Act. Products from Brazil, 70 FR 58683 USA. Id. We then compared the CEP (October 7, 2005). For CEP sales, we United States Price LOT to the NV LOT. The CEP LOT is consider only the selling activities based on the selling activities associated Section 772(a) of the Act defines EP reflected in the price after the deduction with the transaction between Kolon and as ‘‘the price at which the subject of expenses and CEP profit under its affiliated importer, Kolon USA, merchandise is first sold (or agreed to be section 772(d) of the Tariff Act. See whereas the NV LOT is based on the sold) before the date of importation by Micron Technology, Inc. v. United States, 243 F.3d 1301, 1314–1315 (Fed. selling activities associated with the the producer or exporter of subject Cir. 2001). We expect that if the claimed transactions between Kolon and merchandise outside of the United LOTs are the same, the functions and unaffiliated customers in the home States to an unaffiliated purchaser for activities of the seller should be similar. market. Our analysis indicates the exportation to the United States.’’ Conversely, if a party claims that the selling functions performed for home Section 772(b) of the Act defines CEP as LOTs are different for different groups market customers are either performed ‘‘the price at which the subject of sales, the functions and activities of at a higher degree of intensity or are merchandise is first sold (or agreed to be the seller should be dissimilar. See greater in number than the selling sold) in the United States before or after Porcelain–on-Steel Cookware from functions performed for Kolon USA. For the date of importation by or for the Mexico: Final Results of Administrative example, in comparing Kolon’s selling account of the producer or exporter of Review, 65 FR 30068 (May 10, 2000) and activities, we find there are more the subject merchandise or by a seller accompanying Issues and Decisions functions performed in the home market affiliated with the producer or exporter, Memorandum at Comment 6 . which are not a part of CEP transactions to a purchaser not affiliated with the We obtained information from Kolon (e.g., sales promotion, inventory producer or exporter.’’ For purposes of regarding the marketing stages involved maintenance, sales and marketing this changed circumstances review, in making its reported foreign market support, customs clearance). For selling Kolon classified all of its U.S. sales and U.S. sales to unaffiliated customers. activities performed for both home shipped directly from Korea to the Kolon provided a description of all market sales and CEP sales (e.g., United States as EP sales. Kolon selling activities performed, along with processing customer orders, freight and reported all sales that were invoiced a flowchart and tables comparing the delivery arrangements), we find Kolon through its U.S. subsidiary Kolon USA levels of trade among each channel of actually performed each activity at a as CEP transactions. For these distribution and customer category for higher level of intensity in the home preliminary results, we have accepted both markets. See Kolon’s February 28, market. We note that CEP sales from these classifications. The merchandise 2007 questionnaire response at A–3. Kolon to Kolon USA generally occur at shipped directly to unaffiliated For the home market, Kolon identified the beginning of the distribution chain, customers in the U.S. market was not two channels of distribution described representing essentially a logistical sold through an affiliated U.S. importer, as follows: 1) direct shipments (i.e., transfer of inventory that resembles ex– and we find no other grounds for products produced to order) and 2) factory sales. In contrast, all sales in the treating these transactions as CEP sales. warehouse shipments from inventory. home market occur closer to the end of We, therefore, preliminarily determine Within each of these two channels of the distribution chain and involve that these transactions were EP sales. distribution, Kolon made sales to smaller volumes and more customer We have classified as CEP transactions unaffiliated customers. See Kolon’s interaction which, in turn, require the the merchandise that was invoiced February 28, 2007, questionnaire performance of more selling functions. through Kolon USA because these sales
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56051
were ‘‘sold in the United States’’ within accordance with section 773(a)(1)(B) of under section 773(b) of the Act. On a the meaning of the Act. the Act. Because Kolon’s aggregate product–specific basis, we compared volume of home market sales of the the COP to the home market prices net Export Price foreign like product was greater than of billing adjustments, discounts and We calculated EP in accordance with five percent of its aggregate volume of rebates, any applicable movement section 772(a) of the Act. We based EP U.S. sales for subject merchandise, we charges, selling expenses and packing on packed prices to customers in the determined the home market was viable. expenses. United States. We made adjustments for See, e.g., Kolon’s February 28, 2007 In determining whether to disregard billing adjustments and early payment supplemental questionnaire response at home market sales made at prices below discounts. We also made adjustments Appendix A–1. the COP, we examined, in accordance for the following movement expenses: with sections 773(b)(1)(A) and (B) of the B. Cost of Production Analysis foreign inland freight, foreign brokerage Act, whether, within an extended and handling charges, ocean freight, Based upon a timely allegation from period of time, such sales were made in marine insurance, U.S. inland freight, Petitioners that Kolon made sales below substantial quantities, and whether such and U.S. customs duties. the cost of production during the POR, sales were made at prices which we had reasonable grounds to believe or permitted the recovery of all costs Constructed Export Price suspect that sales of the foreign like within a reasonable period of time in In accordance with section 772(b) of product under consideration for the the normal course of trade. Where less the Act, for those sales to the first determination of NV in this review may than 20 percent of the respondent’s unaffiliated purchaser that took place have been made at prices below the home market sales of a given model after importation into the United States, COP, as provided by section were at prices below the COP, we did we calculated CEP. We based CEP on 773(b)(2)(A)(ii) of the Act. See letter not disregard any below–cost sales of packed prices to unaffiliated purchasers from Ronald Meltzer to Department, that model because we determined that in the United States. We made dated July 19, 2006 at 15. Pursuant to the below–cost sales were not made adjustments for billing adjustments and section 773(b)(1) of the Act, we initiated within an extended period of time and early payment discounts. We made a COP investigation of sales by Kolon. in ‘‘substantial quantities.’’ Where 20 deductions for movement expenses in See CCR Intiation at 529. percent or more of the respondent’s accordance with section 772(c)(2)(A) of In accordance with section 773(b)(3) home market sales of a given model the Act; these included foreign inland of the Act, we calculated COP based on were at prices less than the COP, we freight, foreign brokerage and handling the sum of Kolon’s cost of materials and disregarded the below–cost sales charges, ocean freight, marine fabrication for the foreign like product, because: (1) they were made within an insurance, U.S. inland freight, and U.S. plus amounts for general and extended period of time in ‘‘substantial customs duties. As further directed by administrative expenses (G&A), and quantities,’’ in accordance with sections section 772(d)(1) of the Act, we interest expenses. We relied on the COP 773(b)(2)(B) and (C) of the Act; and (2) deducted those selling expenses information provided by Kolon except based on our comparison of prices to the associated with economic activity in the in the following three instances: weighted–average COPs for the POR, First, during the POR, Kolon United States including direct selling they were at prices which would not purchased PET chips used in the expenses (i.e., commissions, warranties, permit the recovery of all costs within production of PET film. At verification, warehousing, and U.S. credit expenses), a reasonable period of time, in Kolon did not provide supporting inventory carrying costs, and other U.S. accordance with section 773(b)(2)(D) of documents showing how the cost of indirect selling expenses. Based upon the Act. purchased chips was allocated to our findings at verification, we used the Our cost test for Kolon revealed that, products, rendering the allocation of the verified amounts for brokerage and for home market sales of certain models, purchased chips cost unverified. handling (see Home Market and U.S. less than 20 percent of the sales of those Therefore, in accordance with section sales verification report at page 2), models were at prices below the COP. 776(a)(2)(D) of the Act, as partial facts international freight (Id. at page 23), We therefore retained all such sales in available, we increased the reported cost inventory carrying costs (Id. at page 2), our analysis and used them as the basis of manufacturing of all products by the and U.S. indirect selling expenses (Id.). for determining NV. Our cost test also percentage representing the total cost of We also made an adjustment for profit indicated that for home market sales of purchased chips in the total reported in accordance with section 772(d)(3) of other models, more than 20 percent cost of manufacturing. See Cost the Act. Finally, we made an addition were sold at prices below the COP Verification Report section V.C. and the to U.S. price for duty drawback in within an extended period of time and Cost of Production and Constructed accordance with section 772(c)(1)(B) of were at prices which would not permit Value Calculation Memorandum for the the Act. the recovery of all costs within a Preliminary Results. Second, we reasonable period of time. Thus, in Normal Value adjusted the reported G&A expense rate accordance with section 773(b)(1) of the to disallow the offset for the gain on sale A. Selection of Comparison Market Act, we excluded these below–cost sales of certain assets. Third, we recalculated from our analysis and used the To determine whether there is a the interest expense ratio using a cost of remaining above–cost sales as the basis sufficient volume of sales in the home sales denominator in which packing for determining NV. market to serve as a viable basis for costs was removed. See Cost verification calculating NV (i.e., the aggregate report at page 21. C. Constructed Value volume of home market sales of the To determine whether Kolon’s home In accordance with section 773(e) of foreign like product is greater than five market sales had been made at prices the Act, we calculated CV based on the percent of the aggregate volume of U.S. below the COP, we computed weighted– sum of Kolon’s material and fabrication sales), we compared Kolon’s volume of average COPs during the POR, and costs, SG&A expenses, profit, and U.S. home market sales of the foreign like compared the weighted–average COP packing costs. We calculated the COP product to the volume of its U.S. sales figures to home market sales prices of component of CV as described above in of the subject merchandise, in the foreign like product as required the ‘‘Cost of Production Analysis’’
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56052 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
section of this notice. In accordance The Department will disclose to DEPARTMENT OF COMMERCE with section 773(e)(2)(A) of the Act, we parties the calculations performed in based SG&A expenses and profit on the connection with these preliminary International Trade Administration amounts incurred and realized by the results within ten days of the date of [C–580–851] respondent in connection with the publication of this notice. Interested production and sale of the foreign like parties may request a hearing within 30 Dynamic Random Access Memory product in the ordinary course of trade, days of the publication. Any hearing, if Semiconductors From the Republic of for consumption in the foreign country. requested, will be held 39 days after the Korea: Extension of Time Limit for D. Price–to-Price Comparisons publication of this notice or the first Final Results of Countervailing Duty workday thereafter. Interested parties Administrative Review We calculated NV based on prices to may submit case briefs not later than 30 unaffiliated customers in Korea. We days after the date of publication of this AGENCY: Import Administration, used Kolon’s adjustments and notice. Rebuttal briefs, limited to issues International Trade Administration, deductions as reported. We made raised in the case briefs, may be filed Department of Commerce. deductions, where appropriate, for not later than 37 days after the date of EFFECTIVE DATE: October 2, 2007. foreign inland freight pursuant to publication of this notice. FOR FURTHER INFORMATION CONTACT: section 773(a)(6)(B) of the Act. In Shane Subler at (202) 482–0189 or addition, for comparisons involving Reinstatement and Suspension of Liquidation David Neubacher at (202) 482–5823; similar merchandise, we made AD/CVD Operations, Office 1, Import adjustments for differences in cost Since we have preliminarily Administration, International Trade attributable to differences in physical established that PET film from Korea Administration, U.S. Department of characteristics of the merchandise manufactured and exported by Kolon is Commerce, 14th Street and Constitution compared pursuant to section being sold at less than NV, Kolon is Avenue, NW, Washington, DC 20230. 773(a)(6)(C)(ii) of the Act and 19 CFR hereby preliminarily reinstated in the 351.411. We also made adjustments for Background antidumping duty order. We will differences in circumstances of sale instruct CBP to suspend liquidation of On September 29, 2006, the (COS) in accordance with section all entries of subject merchandise Department of Commerce (the 773(a)(6)(C)(iii) of the Act and 19 CFR manufactured and exported by Kolon Department) published a notice of 351.410. We made COS adjustments for entered, or withdrawn from warehouse, initiation of administrative review of the imputed credit expenses. As noted for consumption on or after the date of countervailing duty order on dynamic above in the ‘‘Level of Trade’’ section of random access memory semiconductors this notice, we also made an adjustment publication of this notice in the Federal Register. Furthermore, a cash–deposit (DRAMS) from the Republic of Korea, for the CEP offset in accordance with covering the period January 1, 2005, section 773(a)(7)(B) of the Act. Finally, requirement of 6.00 percent will be in effect for all shipments of the subject through December 31, 2005. See we deducted home market packing costs Initiation of Antidumping and and added U.S. packing costs in merchandise manufactured and produced by Kolon entered, or Countervailing Duty Administrative accordance with sections 773(a)(6)(A) Reviews, 71 FR 57465 (September 29, and (B) of the Act. withdrawn from warehouse, for consumption on or after the publication 2006). On December 11, 2006, the E. Price–to-CV Comparisons date of this notice. This requirement petitioner, Micron Technology, Inc., alleged that the respondent, Hynix shall remain in effect until publication If we were unable to find a home Semiconductor, Inc. (Hynix), received of the final results of the next market match of such or similar new subsidies. The Department administrative review unless the merchandise, in accordance with published the preliminary results of this Department finds that Kolon has not section 773(a)(4) of the Act, we based administrative review on September 10, resumed dumping in the final results of NV on CV. Where appropriate, we made 2007. See Dynamic Random Access this changed circumstance review. adjustments to CV in accordance with Memory Semiconductors from the section 773(a)(8) of the Act. The Department intends to complete Republic of Korea: Preliminary Results this review within 120 days of the date Currency Conversion of Countervailing Duty Administrative on which it publishes the preliminary Review, 72 FR 51609 (September 10, We made currency conversions into results of this changed circumstances 2007). U.S. dollars based on the exchange rates review. In accordance with 19 CFR Statutory Time Limits in effect on the dates of the U.S. sales, 351.221(c)(3)(i), the final results of the as certified by the Federal Reserve Bank, changed circumstance review will set Section 751(a)(3)(A) of the Tariff Act in accordance with section 773A(a) of forth the factual and legal conclusions of 1930, as amended (the Act), requires the Act. upon which our results are based, a the Department to issue the preliminary description of any action proposed results of an administrative review Preliminary Results of Review based on those results, and our analysis within 245 days after the last day of the As a result of our review we of any comments received. This notice anniversary month of an order for which preliminarily determine the following is in accordance with section 751(b)(1) a review is requested and the final weighted–average dumping margin of the Act and 19 CFR 351.216 and results of review within 120 days after exists for the period July 1, 2005 351.222. the date on which the preliminary results are published. If it is not through June 30, 2006: Dated: September 26, 2007. practicable to complete the review Weighted Average Joseph A. Spetrini, within the time period, section Manufacturer / Exporter Margin (percent- Deputy Assistant Secretary for Import 751(a)(3)(A) of the Act allows the age) Administration. Department to extend these deadlines to [FR Doc. E7–19423 Filed 10–1–07; 8:45 am] Kolon ...... 6.00% a maximum of 365 days and 180 days, BILLING CODE 3510–DS–S respectively.
VerDate Aug<31>2005 16:48 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56053
Extension of Time Limit for Final (MMPA) as amended, notification is species or stock through effects on Results hereby given that Incidental Harassment annual rates of recruitment or survival.’’ We find that it is not practicable to Authorizations (IHAs) to take marine Section 101(a)(5)(D) of the MMPA complete the final results of this review mammals, by harassment, incidental to established an expedited process by within the original time limits. First, the conducting seismic operations in the which citizens of the United States can Department intends to verify the northwest portion of Cook Inlet, Alaska, apply for an authorization to incidentally take small numbers of responses of Hynix and the Government have been issued to Union Oil Company marine mammals by harassment. Except of Korea (GOK) in November 2007. of California (UOCC) and Marathon Oil with respect to certain activities not Second, the petitioner has raised several Company (MOC) for a period between pertinent here, the MMPA defines complex issues during this September and November, 2007. ‘‘harassment’’ as: DATES: The authorization for UOCC is administrative review. For example, any act of pursuit, torment, or annoyance based on new factual information, the effective from September 26 until which (i) has the potential to injure a marine petitioner asked the Department to November 15, 2007; and the mammal or marine mammal stock in the wild reconsider the timing of the benefit of a authorization for MOC is effective from [Level A harassment]; or (ii) has the potential previously countervailed debt–to-equity October 1 until November 30, 2007. to disturb a marine mammal or marine swap. The petitioner also alleged in this ADDRESSES: A copy of the application, mammal stock in the wild by causing disruption of behavioral patterns, including, review that Hynix received IHA, Environmental Assessment (EA), countervailable benefits from a duty but not limited to, migration, breathing, supplemental Environmental nursing, breeding, feeding, or sheltering reduction program on imports of Assessment (SEA), and a list of [Level B harassment]. equipment for factory automation. references used in this document may Section 101(a)(5)(D) establishes a 45- Because of the verification and the be obtained by writing to P. Michael day time limit for NMFS review of an complexity of these issues, it is not Payne, Chief, Permits, Conservation and application followed by a 30-day public practicable to complete this review by Education Division, Office of Protected notice and comment period on any the original deadline of January 8, 2008. Resources, National Marine Fisheries proposed authorizations for the Therefore, the Department is extending Service, 1315 East–West Highway, incidental harassment of small numbers the time limit for completion of the final Silver Spring, MD 20910–3225, or by of marine mammals. Within 45 days of results to not later than March 10, 2008, telephoning one of the contacts listed the close of the comment period, NMFS in accordance with section 751(a)(3)(A) here (see FOR FURTHER INFORMATION must either issue or deny issuance of of the Act. CONTACT). the authorization. We are issuing and publishing this notice in accordance with sections FOR FURTHER INFORMATION CONTACT: Summary of Requests 751(a)(1) and 777(i)(1) of the Act.1 Shane Guan, Office of Protected On March 30, 2007, NMFS issued an Resources, NMFS, (301) 713–2289, ext Dated: September 25, 2007. IHA to UOCC under the authority of 137, or Brad Smith, Alaska Region, Section 101(a)(5)(D) of the MMPA, to Stephen J. Claeys, NMFS, (907) 271–3023. Deputy Assistant Secretary for Import take by harassment small numbers of Administration. SUPPLEMENTARY INFORMATION: Cook Inlet beluga whales [FR Doc. E7–19433 Filed 10–1–07; 8:45 am] Background (Delphinapterus leucas), Steller sea BILLING CODE 3510–DS–S lions (Eumetopias jubatus), Pacific Sections 101(a)(5)(A) and (D) of the harbor seals (Phoca vitulina richardsi), MMPA (16 U.S.C. 1361 et seq.) direct harbor porpoises (Phocoena phocoena), DEPARTMENT OF COMMERCE the Secretary of Commerce to allow, and killer whales (Orcinus orca) upon request, the incidental, but not incidental to conducting open water National Oceanic and Atmospheric intentional, taking of small numbers of seismic operations in northwestern Administration marine mammals by U.S. citizens who Cook Inlet, Alaska, between May 1 and engage in a specified activity (other than RIN 0648–XB73 June 15, 2007 (72 FR 17118, April 6, commercial fishing) within a specified 2007). However, as a result of ice Taking of Marine Mammals Incidental geographical region if certain findings conditions in Cook Inlet during spring to Specified Activities; Open Water are made and either regulations are 2007, UOCC was unable to begin Seismic Operations in Cook Inlet, issued or, if the taking is limited to seismic operations planned for May. As Alaska harassment, notice of a proposed a result, on May 17, 2007, UOCC authorization is provided to the public requested that NMFS change the AGENCY: National Marine Fisheries for review. effective date of its IHA to the time Service (NMFS), National Oceanic and An authorization shall be granted if period September 4 through November Atmospheric Administration (NOAA), NMFS finds that the taking will have a 15, 2007. Commerce. negligible impact on the species or On May 15, 2007, MMFS received an ACTION: Notice of issuance of two stock(s) and will not have an application from MOC requesting an incidental harassment authorizations. unmitigable adverse impact on the IHA for the harassment of small availability of the species or stock(s) for numbers of Cook Inlet beluga whales, SUMMARY: In accordance with provisions certain subsistence uses and that the Steller sea lions, Pacific harbor seals, of the Marine Mammal Protection Act permissible methods of taking and harbor porpoises, and killer whales requirements pertaining to the incidental to conducting open water 1 We note that Saturday, March 8, 2008, is 180 days after September 10, 2007, the publication date mitigation, monitoring and reporting of seismic operations in portions of Cook for the preliminary results. When a deadline falls such taking are set forth. NMFS has Inlet, Alaska for the period from October on a weekend, the Department’s practice is to use defined ‘‘negligible impact’’ in 50 CFR 1 to November 30, 2007. the next business day as the appropriate deadline. 216.103 as ’’...an impact resulting from Both proposed operations use an See Notice of Clarification: Application of ≥Next Business Day≥ Rule for Administrative the specified activity that cannot be ocean–bottom cable (OBC) system to Determination Deadlines Pursuant to the Act, 70 FR reasonably expected to, and is not conduct seismic surveys. OBC seismic 24533 (May 10, 2005). reasonably likely to, adversely affect the surveys are used in waters that are too
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56054 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
shallow for the data to be acquired using proposed authorizations was published will be negligible (see Monitoring a marine–streamer vessel or too deep to on August 10, 2007 (72 FR 45014). Section later in this document). have static ice in the winter. This type During the 30-day public comment Comment 3: CPAI urges NMFS to of seismic survey requires the use of period, NMFS received the following issue the IHAs to UOCC and MOC. CPAI multiple vessels for cable layout/ comments from the Marine Mammal states that seismic and other projects pickup, recording, shooting, and Commission (Commission), the Humane conducted over the 40 year span of oil possibly one or two vessels smaller than Society of the United States (HSUS), and gas exploration and development in those used in streamer operations. The ConocoPhillips Alaska Inc. (CPAI), and Cook Inlet demonstrate the industry’s utility boats can be very small, in the one private citizen. ability to operate, with minimal range of 10 – 15 m (33 – 49 ft). A Comment 1: The Commission impacts, in a challenging environment. detailed description of the open water recommends that NMFS issue the IHA CPAI states that continued Cook Inlet seismic surveys using OBC system was to MOC subject to various monitoring exploration and development is needed published in the Federal Register on and mitigation stipulations. The to provide jobs and energy for South– January 5, 2007 (72 FR 536), and is not Commission states that the seismic Central Alaska’s economy. repeated here. survey area proposed by MOC appears Response: Comments noted. As stated The proposed operations would be to be well to the south of the area that in this document, IHAs shall be granted active 24 hours per day, but the airguns is used by Cook Inlet beluga whales to UOCC and MOC if NMFS finds that would only be active for 1 – 2 hours during the period in question. And incidental taking of marine mammals during each of the 3 – 4 daily slack tide because a considerable portion of the will have a negligible impact on the periods. The source for the proposed survey is on land and the marine area species or stock(s) and will not have an OBC seismic surveys would be a 900– to be surveyed is close to shore in unmitigable adverse impact on the in3 BOLT airgun array situated on the shallow water, the Commission believes availability of the species or stock(s) for source vessel, the Peregrine Falcon. The that the survey activities are not likely subsistence uses and if the permissible array would be made up of 2 sub–arrays, to lead to significant disturbance of methods of taking and requirements each with 2, 3–airgun clusters separated beluga whales or other marine pertaining to the mitigation, monitoring by 1.5 m (4.9 ft) off the stern of the mammals. and reporting of such taking are set vessel. One cluster will consist of 3, Response: NMFS agrees with the forth. 225–in3 airguns and the second cluster Commission’s comments and Comment 4: The HSUS urges NMFS will have 3, 75–in3 airguns. During recommendation that the IHA be issued to deny the IHAs per its comments seismic operations, the sub–arrays will to MOC subject to various monitoring provided in February 2007 on NMFS’ fire at a rate of every 10 – 25 seconds and mitigation measures. proposed IHA issuance to CPAI and and focus energy in the downward Comment 2: The Commission UOCC’s seismic surveys in Cook Inlet. direction as the vessel travels at 4 – 5 recommends that NMFS defer changing The HSUS states that impacts from this knots (4.6 – 5.8 mph). Source level of the timing of the authorization for the sort of noise is dangerous for the fragile the airgun array is 249 dB re 1 microPa UOCC survey until NMFS can stocks of marine mammals in Cook at 1 m (0 – peak), and the dominant demonstrate a clear temporal separation Inlet. frequency range is 8 – 40 Hz. in the distribution of beluga whales and Response: NMFS disagrees. NMFS has The geographic region for the seismic the seismic operations to ensure that addressed HSUS’s previous comments operation proposed by UOCC remains beluga whales are not being taken in in its Federal Register notice for the the same as published in the previous unanticipated ways or numbers and that issuance of two IHAs to CPAI and Federal Register notice (72 FR 536), any effects will, indeed, be negligible. UOCC (72 FR 17118, April 6, 2007). The which is in the northwestern Cook Inlet, The Commission expresses its concern HSUS did not provide any scientific paralleling the shoreline offshore of that the requested delay in the UOCC data or references to support its claim as Granite Point, and extending from shore project appears to increase the the airgun noises in the proposed into the inlet to an average of about 1.6 possibility that beluga whales will be in seismic surveys are ‘‘dangerous’’ to the km (1 mi). the survey area during the period in marine mammal stocks in Cook Inlet. The geographic region for the activity question. Detailed analyses of underwater noise, proposed by MOC encompasses a 68.51 Response: NMFS has conducted especially those from airguns, and km2 (26.45 square miles) area in lower extensive research and analyses before impacts to marine mammals are Cook Inlet on the eastern shore, making its determination that the provided in various documents related paralleling the shoreline for about 15.2 proposed seismic surveys by UOCC will to the proposed projects. These include km (9.5 mi) and extending from shore have no more than a negligible impact (1) Federal Register notice for the into the inlet an average of about 6.1 km on marine mammal species and stocks issuance of IHAs to CPAI and UOCC (72 (3.8 mi). The approximate boundaries of in the area. As stated in the Federal FR 17118, April 6, 2007), (2) Federal the region of the proposed project area Register notice for the proposed Register notice for the proposed are 61°09′N, 151°30′W; 61°12′N, issuance of the IHAs (72 FR 45014, issuance of IHAs to UOCC and MOC (72 151°34′W; 61°17′N, 151°25′W; and August 10, 2007), NMFS is aware of the FR 45014, August 10, 2007), (3) an EA 60°16′N, 151°21′W. There are no major relative more frequent use by beluga for the CPAI and UOCC seismic surveys, rivers flowing into the open water whales in Granite Point during the and (4) the draft SEA for the UOCC and seismic project area. Water depths range proposed UOCC seismic surveys. MOC seismic surveys. All these from 0 to 15 m (48 ft), with most of the Therefore, as an additional measure of analyses, which are supported by area less than 7.3 m (24 ft) deep. The marine mammal monitoring, NMFS extensive scientific research and data, proposed seismic operations would requires that UOCC conduct aerial point out that the proposed seismic begin as early as October 1 and end by monitoring of Cook Inlet beluga whales surveys in Cook Inlet will have November 30, 2007. in the vicinity of the project area during negligible impacts on marine mammal seismic surveys between September and species and stocks in Cook Inlet. Comments and Responses November to ensure that beluga whales Comment 5: A private citizen A notice of receipt and request for are not being taken in unanticipated expresses her concerns that there is a public comment on the applications and ways or numbers and that any effects threat of serious injury and mortality to
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56055
marine mammals from the proposed duration of each pulse limits the total likely would avoid them. In the cases of seismic surveys. energy. Received levels within several eggs and larvae, it is likely that the Response: As described in detail in a kilometers typically exceed 160 dB re 1 numbers adversely affected by such Federal Register notice (72 FR 45014) microPa (Richardson et al., 1995), exposure would be very small in published on August 10, 2007, and in depending on water depth, bottom type, relation to natural mortality. Studies on the draft SEA for the proposed action, ice cover, etc. Although relatively high fish confined in cages that were exposed NMFS has performed a thorough levels of airgun pulses and frequencies under intense sound for extended analysis on the levels of potential above 500 Hz were detected at certain period showed physical or physiological impacts to Cook Inlet beluga whales and depths of water much further away impacts (Scholik and Yan, 2001; 2002; four other species of marine mammals during the Sperm Whale Seismic McCauley et al., 2003; Smith et al., as a result of seismic operations in the Study’s controlled exposure 2004). While limited data on seismic upper Cook Inlet. Based on this experiments conducted in the Gulf of surveys regarding physiological effects analysis, which is supported by the best Mexico (DeRuiter et al., 2006; Madsen et on fish indicate that impacts are short- available scientific information, NMFS al., 2006), this was probably due to the term and are most apparent after has come to the conclusion that only a existence of convergence zones where exposure at very close range (McCauley few beluga whales, Pacific harbor seals, long–range refraction occurred in a et al., 2000a; 2000b; Dalen et al., 1996), harbor porpoises, and killer whales may much deeper ocean with a critical depth other studies have demonstrated that be taken incidental to seismic surveys, and sufficient depth excess (Urick, seismic guns had little effect on the day- by no more than Level B harassment, 1983; Etter, 2003). Within the proposed to-day behavior of marine fish and and that such taking will have a project areas in Cook Inlet, where invertebrates (Knudsen et al., 1992; negligible impact on such species or average water depth is less than 15 m Wardle et al., 2001). It is more likely stocks. (50 ft), no convergence zone can exist. that fish will swim away upon hearing No take by Level A harassment Intense acoustic signals from seismic the approaching seismic impulses (injury) or death is anticipated or surveys have been known to cause (Enga˚s et al., 1996). Based on the authorized, and harassment takes behavioral alteration such as reduced foregoing, NMFS finds preliminarily should be at the lowest level practicable vocalization rates (Goold, 1996), that the proposed seismic surveys due to incorporation of strict monitoring avoidance (Malme et al., 1986, 1988; would not cause any permanent impact and mitigation requirements in the IHA. Richardson et al., 1995; Harris et al., on the physical habitats and marine Please refer to the Federal Register 2001), and changes in blow rates mammal prey species in the proposed notice (72 FR 45014, August 10, 2007) (Richardson et al., 1995) in several project area. and the SEA for a detailed description marine mammal species. of the analysis. The proposed surveys would use a Number of Marine Mammals Expected 900–in3 BOLT airgun array consisting of to Be Taken Description of the Marine Mammals 3, 225–in3 airguns and 3, 75–in3 NMFS estimates that approximately Potentially Affected by the Activity airguns. Acoustic measurements of the 11 beluga whales and 3 harbor Marine mammal species potentially airgun array were obtained using porpoises could be taken by behavioral occurring within the proposed action calibrated, high–resolution Ocean harassment by the proposed UOCC area include Cook Inlet beluga whales, Bottom Hydrophone recorders in April seismic surveys, and approximately 26 Steller sea lions, Pacific harbor seals, 2007 in Cook Inlet by JASCO Research whales and 6 porpoises by the proposed harbor porpoises, and killer whales. Ltd (JASCO). The results show that the MOC seismic surveys. Thus a total of 37 Among these species, only the Steller nominal ranges to the decibel thresholds Cook Inlet beluga whales out of a sea lion is listed as endangered under 190, 180, and 160 dB re 1 microPa rms, population of 302 whales could be the ESA, and it is also designated as computed using the 90 percent fit harassed incidentally by the two depleted under the MMPA. The Cook equation, are 140, 454, and 3,027 m (or proposed seismic operations from Inlet beluga whale is designated as 459, 1,490, and 9,931 ft), respectively September to November, 2007, if no depleted under the MMPA. General (Collins et al., 2007). mitigation and monitoring measures are information for these species can be The seismic surveys would introduce implemented. This represents 12.1 found in Angliss and Outlaw (2007), acoustic energy into the water column percent of the population. This number which is available at the following URL: and no objects would be released into is based on the animal density, length http://www.nmfs.noaa.gov/pr/pdfs/sars/ the environment. The survey vessels of track planned, and the assumption ak2007.pdf. A more detailed description would travel at a speed of 4 – 5 knots that all animals will be harassed at of these species and stocks within Cook and the two projects would be distances where noise at received level Inlet is provided in the January 5, 2007, conducted in a small area of Cook Inlet is at and above 160 dB re 1 microPa rms. Federal Register (72 FR 536) and is not for a short period. Beluga whale density (0.03 whale/km2) repeated here. There is relatively limited knowledge was calculated by dividing the about the potential impacts of seismic population (302) by 50 percent of the Potential Effects on Marine Mammals energy on marine fish and invertebrates surface area of Cook Inlet (19,863 km2, and Their Habitat that are marine mammal prey. Available or 7,672 mi2), assuming their Seismic surveys using acoustic energy data suggest that there may be physical distribution is limited to the upper may have the potential to adversely impacts on eggs and on larval, juvenile, portion of the Inlet (Hobbs et al., 2005). impact marine mammals in the vicinity and adult stages of fish at very close The number of beluga whales that could of the activities (Gordon et al., 2004). ranges (within meters) to a seismic be taken by both proposed seismic The sound source levels (zero to peak) energy source. Considering typical projects is calculated by multiplying the associated with the OBC seismic survey source levels associated with seismic whale density by the total length of the can be as high as 233 – 240 dB re 1 arrays, close proximity to the source track lines (57 km or 35.4 mi for UOCC microPa at 1 m. However, most energy would result in exposure to very high and 146 km or 90.7 mi for MOC) and by is in the low–frequency spectra below energy levels. Although eggs and larval twice the 160 dB isopleths range (3.0 250 Hz and is directed downward stages are not able to escape such km). This estimate is conservative as it (Richardson et al., 1995), and the short exposures, juvenile and adult fish most assumes that all animals exposed to
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56056 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
seismic impulses over 160 dB re 1 in Upper Cook Inlet is rare and none of practicable impact on marine mammal microPa would be harassed and these species were sighted in the upper species or stocks and their habitat; and disturbed. As the majority of acoustic Inlet during the 2004 survey (Rugh et (2) ensure that no unmitigable adverse energy of low frequency airgun al., 2005). Therefore, NMFS concludes impacts on the availability of marine impulses falls outside the beluga that the estimated takes of harbor seals mammals species or stocks for whale’s most sensitive hearing range and killer whales within the proposed subsistence harvest would result. (Richardson et al., 1995), it is most project areas are significantly lower than likely that only a portion of whales those of beluga whales and harbor seals, Time and Frequency within the 160 dB re 1 microPa isopleth and that it is unlikely there will be any Seismic operations will be limited would be disturbed. In addition, it is incidental take of Steller sea lions as a from September to late November in also possible that many of the animals result of the proposed seismic projects. small portions of Cook Inlet. During the would be habituated to this level of Effects on Subsistence Needs seismic operations, airguns would only acoustic disturbances. Furthermore, be active for 1 – 2 hours during each of mitigation measures, including the Tyonek, which is predominately a the 3 – 4 slack tide periods, with the ramp–up requirement during the Dena’ina Athabaskan community, is vessel moving at a speed of 4 – 5 knots initiation of the seismic operations (see approximately 6.4 km (4 mi) east of the (4.6 – 5.8 mph). below) should eliminate most, if not all, eastern boundary of the proposed UOCC startle behavior from animals near the project area, and is about 100 km (62 Establishment of Safety Zones proposed project area. Therefore, NMFS mi) north of the proposed MOC project The IHA holders will establish a 454– believes that the actual number of Level area. While it is the only village that m (1,490–ft) radius safety zone for B harassment takes of Cook Inlet beluga hunts beluga whales, Alaska natives cetaceans and a 140–m (459–ft) radius whale would be much lower than the unaffiliated with a Cook Inlet safety zone for pinnipeds for the seismic estimated 37 whales. community who have moved to the operations. These safety zone radii are There are no similar population region and visited the region also have based on empirical measurements surveys for harbor seals, harbor historically harvested beluga whales in conducted by JASCO on the same airgun the Inlet (Mahoney and Shelden, 2000). porpoises, Steller sea lions, and killer array operated in Cook Inlet, where the The role of marine mammals in the whales conducted within the proposed received sound pressure levels (SPL) subsistence economy of Tyonek and project area. However, based on an attenuated to 180 dB and 190 dB re 1 other Alaska natives has been abundance survey of harbor porpoises microPa rms, respectively. within the entire Cook Inlet (Dahlheim diminished by the almost complete Safety zones will be surveyed and et al., 2000), it is estimated that the elimination of the harvest of Cook Inlet monitored prior to, during, and after the population density of harbor porpoise in beluga whales because of their greatly airgun seismic operations. A detailed the entire Inlet is 0.0072 animal per reduced stock size. In recent years, km2. Based on this density data, NMFS Tyonek natives harvested one beluga description of marine mammal estimates that about 9 harbor porpoises whale per year and occasionally harbor monitoring is described in the out of a population of 30,506 porpoises seals (Huntington, 2000), but their Monitoring and Reporting section could be harassed incidentally by the primary source of red meat is moose below. two proposed seismic operations from (Foster, 1982). Salmon and other fish Speed and Course Alteration September to November, 2007. This also contribute substantially to their number of take represents less than 0.03 subsistence diet (Foster, 1982). The If a marine mammal is detected percent of harbor porpoises that could Tyonek village announced (April 16, outside the safety radius and based on be taken by Level B harassment. 2007) that they would not harvest any its position and the relative course of Average counts were used to estimate belugas in 2007 due to the status of the travel is likely to enter the safety zone, take instead of density for harbor seals, population. the vessel’s speed and/or direct course since count data were available (Boveng In addition, the project areas are not may, when practicable and safe, be et al., 2005a; 2005b) but density data important subsistence areas for other changed to avoid the impacts to the were not. Although no seals were subsistence species of marine mammals animal. The marine mammal’s activities counted in the vicinity of the proposed (harbor seals). Tyonek native and movements relative to the seismic project areas, it is likely a small number subsistence activities have become and support vessels must be closely of seals transit through the project areas focused closer to the village as more monitored to ensure that the animal in the fall. In order to account for seal non–natives utilize and occupy does not (1) approach the safety radius, occurrence in the proposed project traditional subsistence areas, combined or (2) enter the safety zone. If either of areas, the count (1 – 10) at the location with harvest regulation restrictions of these scenarios occurs, further (Anchor Point) nearest to the MOC beluga whales, changes in the mitigation measures must be taken (i.e., project area was used as the basis for abundance and distribution of either further course alterations or calculating take. This count was subsistence resources, and other factors. power down or shut down of the quadrupled to account for seals in the Therefore, the proposed projects will airgun(s)). water for both proposed project areas, have no significant effects on Power–down Procedures since it is the conservative estimate of subsistence use of marine mammals in take, it is more likely to be high than the proposed project areas. A power down involves decreasing low. Therefore, the estimated take of the the number of airguns in use so that the Gulf of Alaska stock of harbor seals is Mitigation radius of the 180– or 190–dB zone is 40 seals, which represent approximately The following mitigation measures are decreased to the extent that marine 0.14 percent of the total population required under the IHAs that were mammals are not in the safety zone. (29,175, Angliss and Outlaw, 2007). issued to UOCC and MOC for During a power–down, one airgun is There are no density estimates conducting seismic operations in Cook operated. The continued operation of available for Steller sea lions, harbor Inlet. NMFS believes that the one airgun is intended to alert marine porpoises, and killer whales with in implementation of these mitigation mammals to the presence of the seismic Cook Inlet. However, their appearance measures will: (1) result in the least guns in the area.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56057
If a marine mammal is detected not occurring to keep marine mammals Results from the vessel–based outside the safety zone but is likely to at a safe distance. If, during these non– observations will provide: (1) basis for enter the safety zone, and if the vessel’s recording times, this airgun is inactive real–time mitigation (airgun shut– course and/or speed cannot be changed for more than 30 minutes, operations down); (2) information needed to to avoid having the animal enter the will cease and all airguns will be shut estimate the number of marine safety radius, the airguns must be down until the safety zone can be mammals potentially taken by powered down before the animal is visually inspected and monitored for harassment, which must be reported to within the safety zone. the absence of marine mammals. NMFS; (3) data on the occurrence, distribution, and activities of marine Shut–down Procedures Monitoring mammals in the area where the seismic A shut–down occurs when all airgun Vessel–based Monitoring study is conducted; (4) information to activity is suspended. The operating Vessel based monitoring will be compare the distance and distribution of airgun(s) must be shut down if a marine marine mammals relative to the source conducted by at least two qualified mammal approaches the applicable vessel at times with and without seismic NMFS–approved MMOs. Reticle safety zone and a power down still activity; and (5) data on the behavior binoculars (e.g., 7 x 50 Bushnell or would not likely to keep the animal and movement patterns of marine equivalent) and laser range finders outside the newly adjusted smaller mammals seen at times with and (Leica LRF 1200 laser range finder or safety zone. The operating airgun(s) without seismic activity. must also be shut down completely if a equivalent) would be standard marine mammal is found within the equipment for the monitors. Aerial Monitoring safety zone during the seismic Vessel–based MMOs will begin In addition to vessel monitoring, operations. The shut–down procedure marine mammal monitoring at least 30 seismic surveys that will be conducted should be accomplished within several minutes prior to the planned start of off Granite Point between September seconds (of a ‘‘one shot’’ period) of the airgun operations and during all periods and November by UOCC are also determination that a marine mammal is of airgun operations. MMOs will survey required to conduct aerial monitoring, within or about to enter the safety zone. the safety zone to ensure that no marine due to the relative more frequent use by Following a shut–down, airgun mammals are seen within the zone beluga whales in the area (Hobbs et al., activity will not resume until the marine before a seismic survey begins. If marine 2005). The aerial surveys will: (1) mammal has cleared the safety zone. mammals are found within the safety collect and report data on the The animal is considered to have zone, seismic operations will be distribution, numbers, movement and cleared the safety zone if it is visually suspended until the marine mammal behavior of marine mammals near the observed to have left the safety zone, or leaves the area. If a marine mammal is seismic operations on the westside of if it has not been seen within the safety seen above the water and then dives Cook Inlet between Tyonek and Trading zone for 30 minutes. below, the operator would wait 30 Bay, with special emphasis on beluga minutes, and if no marine mammals are whales; (2) advise operating vessels as Ramp–up Procedures seen by the MMOs in that time it will to the presence of marine mammals in Although marine mammals will be be assumed that the animal has moved the general area of operation; and (3) protected from Level A harassment by beyond the safety zone. Observations support regulatory reporting related to establishment of a safety zone at SPL will also be conducted during all ramp– the estimation of impacts of seismic levels of 180 and 190 dB re 1 microPa up procedures to ensure the operations on marine mammals. rms for cetaceans and pinnipeds, effectiveness of ramp–up as a mitigation The aerial monitoring area will be respectively, monitoring and mitigation measure. When feasible, observations centered on the UOCC project area plus may not be 100 percent effective at all will also be made during transits, a buffer for detecting belugas before or times in locating marine mammals. In moving cable, and other operations after they pass through the project area. order to provide additional protection to when airguns are inactive. The boundary for the aerial survey marine mammals near the project area Data for each distinct marine mammal extends approximately 4 mi (6.4 km) by allowing marine mammals to vacate species observed in the proposed project east and west of the project area, the area prior to receiving a potential area during the period of the seismic between Tyonek and Trading Bay injury, and to further reduce Level B operations will be collected. Numbers of (directly east of the Trading Bay State harassment by startling marine marine mammals observed, species Game Refuge boundary), and 0.25 mi mammals with a sudden intensive identification if possible, frequency of (0.4 mi) from the water’s edge, which sound, UOCC and MOC will implement observation, the time corresponding to will vary depending on tide levels. The ‘‘ramp–up’’ when starting up airgun the daily tidal cycle, their location size of the survey area provides a design arrays. Ramp–up will begin with the relative to the airgun sound field’s for observing whales before and during smallest airgun in the array that is being safety zone, and any behavioral changes exposure to seismic sounds. used for all subsets of the 6–gun array. due to the airgun operations will be Aerial monitoring will be conducted Airguns will be added in a sequence recorded and entered into a custom from a single engine helicopter, which such that the source level in the array database using a notebook computer. will fly a single transect line paralleling would increase at a rate no greater than The accuracy of the data entry would be the shoreline along the coast in the 6 dB per 5 minutes. During the ramp– verified by computerized validity data project area. The aerial survey will up, the safety zone for the full 6–airgun checks as the data are entered and by begin from the northeast end and finish system would be maintained. subsequent manual checking of the at the southwest end of the transect. database. These procedures will allow This pattern will be flown unless Night–time Operations initial summaries of data to be prepared observation conditions (glare, etc) During night–time operations when during and shortly after the field require flying from southwest to the safety zone cannot be visually program, and will facilitate transfer of northeast. The helicopter operations inspected, a single airgun will operate the data to statistical, graphical, or other will be based out of Beluga or by firing every one minute whenever programs for further processing and Shirleyville. The helicopter will fly at regular acquisition airgun operations are archiving. 1,500 ft (457 m), due to glide path
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56058 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
needs, and at a ground speed of 60 knot activity (boat location, shooting, present within the vicinity of the (111 km/h). This altitude should activities). proposed activities, could be taken prevent disturbance of marine mammals Reporting incidentally, by no more than Level B and birds by the helicopter noise. harassment and that such taking would Helicopter monitoring will be Reports from aerial and land–based result in no more than a negligible conducted at a frequency that reflects monitoring will be faxed or e–mailed to impact on such species or stocks. the monthly occurrence of belugas in NMFS Anchorage Field Office on a Although there are no estimated take daily basis. the project area (LGL, 2006). The numbers for Steller sea lions, harbor helicopter will be flown once per week Reports from UOCC and MOC will be seals, or killer whales available due to from the time the seismic operations submitted to NMFS within 90 days after their rare occurrence within the project begin until the project is completed. the end of the respective projects. The However, if beluga whales are observed reports will describe the operations that areas, given the infrequent occurrence of by helicopter or boat in or near the were conducted, the marine mammals these species (if at all), NMFS believes project area, survey flights will be that were detected near the operations, that any take of harbor seals and killer conducted daily until whales are not and provide full documentation of whales would be significantly lower observed for two consecutive days. methods, results, and interpretation than those of beluga whales and harbor Once belugas are no longer observed for pertaining to all monitoring. The reports porpoises. NMFS also believes it is two consecutive days, surveys will will also include estimates of the unlikely that there would be any take of again be flown once per week until the amount and nature of potential ‘‘take’’ Steller sea lions due to their rare project ends. of marine mammals by harassment or in occurrence within the proposed project Aerial monitoring will fly 1 – 2 other ways. areas. transects shortly before and one half of While behavioral modifications, the survey transect will be flown once National Environmental Policy Act including temporarily vacating the area during seismic operations, whenever (NEPA) during the project period, may be made possible, in a given day. Half transects In March 2007, NMFS prepared a are limited in duration to prevent noise final EA on the issuance of IHAs to by these species to avoid the resultant interference with seismic data ConocoPhillips Alaska, Inc and UOCC visual and acoustic disturbance, NMFS acquisition. Half transect flight to take marine mammals by harassment nonetheless finds that this action would directions will be determined by the incidental to conducting seismic result in no more than a negligible relative position of activities to the operations in upper Cook Inlet, Alaska. impact on these marine mammal species helicopter landing location. A Finding of No Significant Impact and/or stocks. NMFS also finds that the To the extent consistent with statement was issued on March 30, proposed action will not have an applicable aviation regulation, aerial 2007. The proposed seismic operations unmitigable adverse impact on the surveys will be conducted under the in this document are similar to those availability of such species or stocks for following conditions: (1) when the pilot covered in the March 2007 Final EA, taking for subsistence uses. considers it safe to do so; (2) during with the only exception of project time In addition, no take by Level A daylight hours; (3) during good viewing frames, location, and the levels of harassment (injury) or death is conditions (ceiling height above 1,500 ft estimated marine mammal takes. (457 M) and Beaufort Sea States below anticipated or authorized, and Therefore, NMFS has prepared a draft harassment takes should be at the 4; and (4) during periods allowed by SEA which incorporates by reference lowest level practicable due to regulatory agencies. Flights will also be the March 2007 Final EA, providing an incorporation of the mitigation oriented to minimize sun glare on the analysis of project time frames, location, observer. and potential environmental impacts, measures described in this document. One NMFS–approved MMO will be for public comments. During the 30-day Authorization on the helicopter observing and public comment period NMFS did not recording marine mammals, covering receive any comments on the draft SEA. NMFS has issued IHAs to UOCC and ° the 180 view in front of the helicopter. Subsequently, NMFS finalized the draft MOC for the potential harassment of Space will be made available on the SEA and on September 24, 2007, issued small numbers of Cook Inlet beluga helicopter for NMFS staff to participate a Finding of No Significant Impact on whales, harbor porpoises, harbor seals, in surveys when possible. the proposed project. and killer whales incidental to Data from aerial monitoring will be conducting seismic operations in the recorded on the species, number, group Endangered Species Act (ESA) northwestern Cook Inlet in Alaska, size, location (latitude/longitude), time, Consultation under section 7 of the provided the previously mentioned date, direction and angle from ESA was conducted for the proposed mitigation, monitoring, and reporting helicopter as determined by using a issuance of UOCC and MOC’s IHAs. As requirements are incorporated. clinometer. Data will also be collected a result of that consultation, NMFS on tide, real time positions (latitude/ Anchorage Field Office concurred that Dated: September 26, 2007. longitude) of seismic survey vessel, the proposed seismic activities are not Helen Golde shooting, and vessel activities. likely to adversely affect listed species Deputy Director, Office of Protected Observation conditions will be recorded or critical habitat. Resources, National Marine Fisheries Service. at the start and finish of each survey or [FR Doc. E7–19438 Filed 10–1–07; 8:45 am] whenever conditions change. Data will Determinations be recorded on ceiling height, Beaufort NMFS has determined that small BILLING CODE 3510–22–S Force, glare, and weather (snow, fog, numbers of beluga whales and harbor etc.). All information collected during porpoises may be taken incidental to the marine mammal survey and/or seismic surveys, by no more than Level reported to the vessel will be recorded B harassment. In addition, NMFS has on a field form. The information will be determined that small numbers of included with real time data on seismic Pacific harbor seals and killer whales, if
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56059
DEPARTMENT OF COMMERCE Although other non-emergency issues FOR FURTHER INFORMATION CONTACT: not on the agendas may come before the Daniel T. Furlong, Executive Director, National Oceanic and Atmospheric LEAP for discussion, in accordance with Mid-Atlantic Fishery Management Administration the Magnuson-Stevens Fishery Council; telephone: (302) 674–2331, ext. RIN: 0648–XC93 Conservation and Management Act 19. (Magnuson-Stevens Act), those issues SUPPLEMENTARY INFORMATION: On Gulf of Mexico Fishery Management may not be the subject of formal action Tuesday, October 16, the Joint Dogfish Council; Public Meeting during this meeting. Actions of the Committee will meet from 10 a.m. until LEAP will be restricted to those issues noon. The RSA Committee will meet AGENCY: National Marine Fisheries specifically identified in the agendas from 1 p.m. until 4 p.m. The Law Service (NMFS), National Oceanic and and any issues arising after publication Enforcement Committee will meet from Atmospheric Administration (NOAA), of this notice that require emergency 4 p.m. until 4:30 p.m. The Council will Commerce. action under Section 305(c) of the convene at 8:30 a.m. on Wednesday, ACTION: Notice of a public meeting. Magnuson-Stevens Act, provided the October 17 and remain in session until public has been notified of the Council’s SUMMARY: The Gulf of Mexico Fishery 4:15 p.m. at which time the Executive intent to take action to address the Committee will meet until 5:30 p.m. On Management Council (Council) will emergency. convene its Law Enforcement Advisory Thursday October 18, the Council will Panel (LEAP). Special Accommodations convene at 9 a.m. and remain in session until approximately 1 p.m. DATES: The meeting will be held on This meeting is physically accessible Agenda items by day for the Council’s Tuesday, October 16, 2007, from 1 p.m. to people with disabilities. Requests for committees and the Council itself are: to 5 p.m. sign language interpretation or other TUESDAY, OCTOBER 16 - the Joint ADDRESSES: The meeting will be held at auxiliary aids should be directed to Tina Dogfish Committee will review and the Grand Hotel Marriott, 1 Grand Blvd., Trezza at the Council (see ADDRESSES) 5 develop the Dogfish Monitoring Point Clear, AL 36564; telephone: (251) working days prior to the meeting. Committee’s recommendations 928–9201. Dated: September 26, 2007. regarding the 2008/09 fishing year quota Council address: Gulf of Mexico Tracey L. Thompson, and related management measures for Fishery Management Council, 2203 Council consideration and action. The North Lois Avenue, Suite 1100, Tampa, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. Research Set-Aside Committee (RSA) FL 33607. [FR Doc. E7–19372 Filed 10–1–07; 8:45 am] will review the New England Council’s FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 3510–22–S policy for incorporation of research Richard Leard, Deputy Executive results into fishery management Director, Gulf of Mexico Fishery programs. The Law Enforcement Management Council; telephone: (813) DEPARTMENT OF COMMERCE Committee will review Fisheries 348–1630. Achievement Award (FAA) SUPPLEMENTARY INFORMATION: The National Oceanic and Atmospheric nominations, recommend recipient(s) Council will convene the LEAP to Administration for that award recognition, and review review a generic amendment that would the Council’s Award Recognition potentially allow offshore aquaculture RIN: 0648–XC96 Program Survey results. in the Gulf of Mexico. The LEAP will WEDNESDAY, OCTOBER 17 - the Council also review Amendment 30A to the Reef Mid-Atlantic Fishery Management will swear in new and reappointed Fish Fishery Management Plan (FMP) Council; Public Meetings Council members and elect Council that would establish restrictions on the officers. The Council will receive a AGENCY: harvest of gray triggerfish and a National Marine Fisheries report by Dr. Jim Weinberg on the recent rebuilding plan for this overfished Service (NMFS), National Oceanic and Monkfish Stock Assessment. The stock, as well as additional restrictions Atmospheric Administration (NOAA), Council will consider adjustments to the on greater amberjack to maintain its Commerce. current Monkfish Management Program rebuilding target. Furthermore, the ACTION: Notice of public meetings. and discuss the need for a new LEAP will review an Options Paper that framework for the 2008 fishing year and SUMMARY: The Mid-Atlantic Fishery will likely result in the development of if necessary initiate such a framework. Management Council (Council), its Joint Amendment 30B to the Reef Fish FMP The Council will review and discuss the Dogfish Committee, Research Set-Aside to further restrict the harvest of gag and Dogfish Committee’s recommendations Committee (RSA), Law Enforcement possibly relax some of the current for the dogfish quota and related Committee, and Executive Committee restrictions on the harvest of red management measures for the 2008/09 will hold public meetings. grouper. Finally, the LEAP will consider fishing year and adopt the quota and an options paper that could potentially DATES: The meetings will be held on related management measures for the result in the implementation of a Tuesday, October 16, 2007 through 2008/09 fishing year and beyond. The limited access privilege program (LAPP) Thursday, October 18, 2007. See Council will then receive a presentation for groupers and possibly other reef fish. SUPPLEMENTARY INFORMATION for specific by Dr. Mike Fogarty on the Northeast The LEAP consists of principal law dates and times. Fisheries Science Center’s current enforcement officers in each of the Gulf ADDRESSES: The meetings will be held at ecosystem activities. The Council will States, as well as the NMFS, U.S. Fish the New Bern Convention Center, 203 conduct its business session, receive and Wildlife Service (FWS), the U.S. South Front St, New Bern, NC 28563; organizational reports, receive the New Coast Guard, and NOAA General telephone: (252) 637–1551. England Council liaison report, the Counsel. A copy of the agenda and Council address: Mid-Atlantic Fishery Executive Director’s report, status of the related materials can be obtained by Management Council, 300 S. New Mid-Atlantic Fishery Management calling the Council office at (813) 348– Street, Dover, DE 19904; telephone: Council’s Fishery Management Plans 1630. (302) 674–2331. (FMP), and Committee reports. The
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56060 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Council will receive a presentation by Multispecies (Groundfish) Committee Dated: September 26, 2007. Preston Pate on the NMFS’ Marine will meet to consider actions affecting Tracey L. Thompson, Recreational Information Program New England fisheries in the exclusive Acting Director, Office of Sustainable (MRIP). The Executive Committee will economic zone (EEZ). Fisheries, National Marine Fisheries Service. then review the highlights of the DATES: The meeting will be held on [FR Doc. E7–19369 Filed 10–1–07; 8:45 am] Magnuson-Stevens Reauthorization Act Tuesday, October 16, 2007, at 9 a.m. BILLING CODE 3510–22–S Workshop, review the highlights of the Northeast Regional Coordinating ADDRESSES: The meeting will be held at Council (NRCC) meeting, and review the the Holiday Inn, One Newbury Street, DEPARTMENT OF COMMERCE Council’s proposed 2008 Annual Work Peabody, MA 01960; telephone: (978) Plan (AWP). 535–4600. National Oceanic and Atmospheric Administration THURSDAY, OCTOBER 18 - the Council Council address: New England will convene at 9 a.m. to review and Fishery Management Council, 50 Water RIN: 0648–XC95 approve the Draft Supplemental Street, Mill 2, Newburyport, MA 01950. Environmental Impact Statement North Pacific Fishery Management (DSEIS) and public hearing document FOR FURTHER INFORMATION CONTACT: Paul Council; Public Meeting (PHD) for Amendment 10 to the Squid, J. Howard, Executive Director, New Mackerel, and Butterfish FMP which is England Fishery Management Council; AGENCY: National Marine Fisheries intended to rebuild the butterfish telephone: (978) 465–0492. Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), fishery. The Council will then consider SUPPLEMENTARY INFORMATION: The items Commerce. any continuing and/or new business. of discussion in the committee’s agenda Although non-emergency issues not are as follows: ACTION: Notice of a public committee contained in this agenda may come meeting. before the Council for discussion, these The Multispecies (Groundfish) issues may not be the subject of formal Oversight Committee will meet to SUMMARY: The North Pacific Fishery Council action during these meetings. continue development of Amendment Management Council’s (Council) Steller Council action will be restricted to those 16 to the Northeast Multispecies Fishery Sea Lion Mitigation Committee issues specifically listed in this notice Management Plan. The Committee will (SSLMC) will meet in Seattle, WA. and any issues arising after publication review suggestions for changes to the DATES: The meeting will be held of this notice that require emergency effort control systems for common pool October 16–18, 2007, from 8:30 a.m. to action under section 305(c) of the vessels. They will identify which 5 p.m. suggestions will impact fishing Magnuson-Stevens Act, provided the ADDRESSES: The meeting will be held at public has been notified of the Council’s mortality and may develop the Alaska Fishery Science Center, 7600 intent to take final actions to address recommendations on those measures Sand Point Way NE, Bldg 4, Room 2076, such emergencies. that should be pursued in Amendment Seattle, WA. 16. This discussion may include, but is Special Accommodations Council address: North Pacific not limited to, changes to the days-at- Fishery Management Council, 605 W. These meetings are physically sea system, access to closed areas, trip 4th Ave., Suite 306, Anchorage, AK accessible to people with disabilities. limits, annual catch limits, etc. The 99501–2252. Requests for sign language Committee may continue its discussion FOR FURTHER INFORMATION CONTACT: of sector management issues. The Bill interpretation or other auxiliary aids Wilson, North Pacific Fishery should be directed to M. Jan Bryan, Committee may also discuss other Amendment 16 issues. Committee Management Council; telephone: (907) (302) 674–2331 ext. 18, at least 5 days 271–2809. prior to the meeting date. recommendations will be forwarded to the Council for action at a future date. SUPPLEMENTARY INFORMATION: The Dated: September 26, 2007. SSLMC will initiate proposal analysis Although non-emergency issues not Tracey L. Thompson, which will include the following steps: contained in this agenda may come Acting Director, Office of Sustainable (a) review 2001/02 Reasonable and before this group for discussion, those Fisheries, National Marine Fisheries Service. Prudent Alternatives process and issues may not be the subject of formal [FR Doc. E7–19371 Filed 10–1–07; 8:45 am] criteria; (b) review applicable federal action during this meeting. Action will BILLING CODE 3510–22–S laws and orders (Endangered Species be restricted to those issues specifically Act, Marine Mammal Protection Act, identified in this notice and any issues Magnuson-Stevens Fishery arising after publication of this notice DEPARTMENT OF COMMERCE Conservation and Management Act, that require emergency action under National Environmental Policy Act); (c) National Oceanic and Atmospheric section 305(c) of the Magnuson-Stevens review jeopardy and adverse Administration Fishery Conservation and Management modification standards/criteria; (d) Act, provided the public has been RIN: 0648–XC94 review status quo critical habitat harvest notified of the Council’s intent to take data; (e) adopt SSLMC goals and final action to address the emergency. New England Fishery Management objectives; (f) initiate proposal analysis Council; Public Meeting Special Accommodations using Outside The Model AGENCY: National Marine Fisheries Considerations; (g) review preliminary This meeting is physically accessible data sets; (h) identify information needs Service (NMFS), National Oceanic and to people with disabilities. Requests for Atmospheric Administration (NOAA), and develop data requests. sign language interpretation or other Although non-emergency issues not Commerce. auxiliary aids should be directed to Paul ACTION: Notice of a public meeting. contained in this agenda may come J. Howard (see ADDRESSES) at least 5 before this group for discussion, those SUMMARY: The New England Fishery days prior to the meeting date. issues may not be the subject of formal Management Council’s (Council) Authority: 16 U.S.C. 1801 et seq. action during this meeting. Action will
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56061
be restricted to those issues specifically accordance with the Paperwork to continue to utilize specific identified in this notice and any issues Reduction Act of 1995 (PRA95) (44 nomination guidelines for each of the arising after publication of this notice U.S.C. 3506(c)(2)(A)). A copy of the IRC, programs and follow a formal that require emergency action under with applicable supporting nomination process, which involves section 305(c) of the Magnuson-Stevens documentation, may be obtained by voluntary information collections from Fishery Conservation and Management calling the Corporation for National and non-government individuals. Act, provided the public has been Community Service, Mr. David Premo at Since 2004 the Corporation has notified of the Council’s intent to take (202) 606–6717. Individuals who use a honored distinguished individuals and final action to address the emergency. telecommunications device for the deaf organizations with the Spirit of Service (TTY–TDD) may call (202) 606–3472 Awards. Prior to 2003, AmeriCorps Special Accommodations between 8:30 a.m. and 5 p.m. Eastern recognized its outstanding members This meeting is physically accessible time, Monday through Friday. annually through the All-AmeriCorps to people with disabilities. Requests for DATES: Written comments must be Awards, which were initiated in 1999 sign language interpretation or other submitted to the individual and office and presented by President Clinton as auxiliary aids should be directed to Gail listed in the ADDRESSES section by part of the 5th anniversary celebration Bendixen, (907) 271–2809, at least 5 November 1, 2007. of the program. Senior Corps had working days prior to the meeting date. ADDRESSES: Comments may be recognized its outstanding projects and Dated: September 26, 2007. submitted, identified by the title of the volunteers at its own national Tracey L. Thompson, information collection activity, to the conference, and Learn and Serve Acting Director, Office of Sustainable Office of Information and Regulatory America through its Leader School Fisheries, National Marine Fisheries Service. Affairs, Attn: OMB Desk Officer for the selection and the President’s Student [FR Doc. E7–19370 Filed 10–1–07; 8:45 am] Corporation for National and Service Awards. BILLING CODE 3510–22–S Community Service, Office of Part I Management and Budget, Room 10235, Type of Review: Renewal. Washington, DC 20503, (202) 395–4718, Agency: Corporation for National and within 30 days from the date of this COMMODITY FUTURES TRADING Community Service. publication in the Federal Register. COMMISSION Title: Spirit of Service Awards SUPPLEMENTARY INFORMATION: The OMB Nomination Guidelines and Sunshine Act Meetings is particularly interested in comments Application—Senior Corps. which: OMB Number: 3045–0091. TIME AND DATE: 1:45 p.m., Friday, • Evaluate whether the proposed October 26, 2007. Agency Number: None. collection of information is necessary Affected Public: Nonprofit PLACE: 1155 21st St., NW., Washington, for the proper performance of the organizations DC, 9th Floor Commission Conference functions of the Corporation, including Total Respondents: 200. Room. whether the information will have Frequency: Annually. STATUS: Closed. practical utility; Average Time per Response: 3 hours. • MATTERS TO BE CONSIDERED: Rule Evaluate the accuracy of the Estimated Total Burden Hours: 600 Enforcement Review. agency’s estimate of the burden of the hours. proposed collection of information, CONTACT PERSON FOR MORE INFORMATION: Total Burden Cost (capital/startup): including the validity of the Sauntia S. Warfield, (202) 418–5084. None. methodology and assumptions used; Total Burden Cost (operating/ • David A. Stawick, Propose ways to enhance the maintenance): None. Secretary of the Commission. quality, utility, and clarity of the Part II [FR Doc. 07–4883 Filed 9–28–07; 11:21 am] information to be collected; and • Propose ways to minimize the BILLING CODE 6351–01–M Type of Review: Renewal. burden of collection of information on Agency: Corporation for National and those who are to respond, including Community Service. through the use of appropriate CORPORATION FOR NATIONAL AND Title: Spirit of Service Awards automated, electronic, mechanical, or COMMUNITY SERVICE Nomination Guidelines and other technological collection Application—AmeriCorps. Proposed Information Collection; techniques or other forms of information OMB Number: 3045–0092. Submission for OMB Review; technology, e.g., permitting electronic Agency Number: None. Comment Request submissions of responses. Affected Public: Nonprofit Comments organizations. AGENCY: Corporation for National and Total Respondents: 200. Community Service. A 60-day public comment Notice was Frequency: Annually. ACTION: Notice. published in the Federal Register on Average Time Per Response: 3 hours. May 30, 2007. This comment period Estimated Total Burden Hours: 600 SUMMARY: The Corporation for National ended July 30, 2007. No public hours. and Community Service (hereinafter the comments were received from this Total Burden Cost (capital/startup): ‘‘Corporation’’), has submitted the notice. None. following public information collection Description: The Spirit of Service Total Burden Cost (operating/ request (ICR) entitled Spirit of Service Awards enable the Corporation to maintenance): None. Awards Nomination Guidelines and recognize exceptional organizations and Application—Senior Corps, AmeriCorps program participants from each of the Part III and Learn and Serve America to the Corporation’s three programs, Senior Type of Review: Renewal. Office of Management and Budget Corps, AmeriCorps, and Learn and Agency: Corporation for National and (OMB) for review and approval in Serve America. The Corporation plans Community Service.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56062 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Title: Spirit of Service Awards SUPPLEMENTARY INFORMATION: The OMB Dated: September 26, 2007. Nomination Guidelines and is particularly interested in comments Jonathan Williams, Application—Learn and Serve America. which: Director, Office of Corporate Relations. • OMB Number: 3045–0093. Evaluate whether the proposed [FR Doc. E7–19425 Filed 10–1–07; 8:45 am] Agency Number: None. collection of information is necessary BILLING CODE 6050–$$–P Affected Public: Nonprofit for the proper performance of the organizations. functions of the Corporation, including Total Respondents: 200. whether the information will have DEPARTMENT OF DEFENSE Frequency: Annually. practical utility; Average Time Per Response: 3 hours. • Evaluate the accuracy of the Estimated Total Burden Hours: 600 Office of the Secretary agency’s estimate of the burden of the hours. Total Burden Cost (capital/startup): proposed collection of information, Strategic Environmental Research and None. including the validity of the Development Program, Scientific methodology and assumptions used; Advisory Board Total Burden Cost (operating/ • maintenance): None. Propose ways to enhance the quality, utility, and clarity of the AGENCY: Department of Defense. Dated: September 26, 2007. information to be collected; and ACTION: Notice. Jonathan Williams, • Propose ways to minimize the Director, Office of Corporate Relations. burden of collection of information on SUMMARY: This Notice is published in [FR Doc. E7–19424 Filed 10–1–07; 8:45 am] those who are to respond, including accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. BILLING CODE 6050–$$–P through the use of appropriate automated, electronic, mechanical, or L. 92–463). The topic of the meeting on other technological collection October 16–18, 2007 is to review new CORPORATION FOR NATIONAL AND techniques or other forms of information start and continuing research and COMMUNITY SERVICE technology, e.g., permitting electronic development projects requesting submissions of responses. Strategic Environmental Research and Proposed Information Collection; Development Program funds in excess Submission for OMB Review; Comments of $1M. This meeting is open to the Comment Request A 60-day public comment Notice was public. Any interested person may published in the Federal Register on attend, appear before, or file statements AGENCY: Corporation for National and May 30, 2007. This comment period with the Scientific Advisory Board at Community Service. ended July 30, 2007. No public the time and in the manner permitted by ACTION: Notice. comments were received from this the Board. SUMMARY: The Corporation for National notice. DATES: October 16, 2007 from 8:30 a.m. and Community Service (hereinafter the Description: The Corporation sends to 5 p.m., October 17, 2007 from 9 a.m. ‘‘Corporation’’), has submitted the the AmeriCorps Alumni Profile Card to to 5 p.m., and October 18 from 9 a.m. following public information collection former AmeriCorps and to 11:30 a.m. request (ICR) entitled AmeriCorps AmeriCorps*VISTA members’ home ADDRESSES: SERDP Program Office Alumni Profile Card to the Office of addresses requesting that they complete Conference Center, 901 North Stuart Management and Budget (OMB) for the card and return it to the AmeriCorps Street, Suite 804, Arlington, VA 22203. Recruitment Office. The card is only review and approval in accordance with FOR FURTHER INFORMATION CONTACT: Ms. used by Corporation personnel and the Paperwork Reduction Act of 1995 Sharee Malcolm, SERDP Program Office, other organizations (only with the (PRA95) (44 U.S.C. 3506 (c)(2)(A)). A 901 North Stuart Street, Suite 303, explicit written permission of the copy of the IRC, with applicable Arlington, VA or by telephone at (703) respondent). The purpose of the card is supporting documentation, may be 696–2119. obtained by calling the Corporation for to enhance communications between Dated: September 26, 2007. National and Community Service, Mr. the Corporation and former AmeriCorps David Premo at (202) 606–6717. members, to provide them with L.M. Bynum, Individuals who use a information on Corporation activities, Alternate OSD Federal Register Liaison telecommunications device for the deaf and to seek their assistance in volunteer Officer, Department of Defense. (TTY–TDD) may call (202) 606–3472 recruitment activities. [FR Doc. 07–4850 Filed 10–1–07; 8:45 am] between 8:30 a.m. and 5 p.m. Eastern Type of Review: Renewal. BILLING CODE 5001–06–M time, Monday through Friday. Agency: Corporation for National and Community Service. DATES: Written comments must be Title: AmeriCorps Alumni Profile DEPARTMENT OF DEFENSE submitted to the individual and office Card. listed in the ADDRESSES section by OMB Number: 3045–0048. Office of the Secretary of Defense November 1, 2007. Agency Number: None. [DoD–2007–OS–0009] ADDRESSES: Comments may be Affected Public: Individuals. submitted, identified by the title of the Total Respondents: 20,000. Privacy Act of 1974; System of information collection activity, to the Frequency: One time. Records Office of Information and Regulatory Average Time Per Response: 4 Affairs, Attn: OMB Desk Officer for the minutes. AGENCY: Office of the Secretary, DoD. Corporation for National and Estimated Total Burden Hours: 1,333 ACTION: Notice to amend two systems of Community Service, Office of hours. records. Management and Budget, Room 10235, Total Burden Cost (capital/startup): Washington, DC 20503, (202) 395–4718, None. SUMMARY: The Office of the Secretary of within 30 days from the date of this Total Burden Cost (operating/ Defense is amending two systems of publication in the Federal Register. maintenance): None. records notices in its existing inventory
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56063
of record systems subject to the Privacy Services, 1155 Defense Pentagon, commander, military officer, or civilian Act of 1974, (5 U.S.C. 552a), as Washington, DC 20301–1155. in a supervisory position. amended. Written requests should contain the Active duty military (includes Coast Guard) personnel accused of a criminal DATES: This proposed action will be full name, Social Security Number incident, which is not investigated by a effective without further notice on (SSN), date of birth, and current address military law enforcement organization, November 1, 2007 unless comments are and telephone number of the but which results in referral to trial by received which result in a contrary individual.’’ court-martial, imposition of non-judicial determination. RECORD ACCESS PROCEDURES: punishment, or an administrative ADDRESSES: Send comments to the OSD Delete entry and replace with discharge. Privacy Act Coordinator, Records ‘‘Individuals seeking access to Active duty military (includes Coast Management Section, Washington information about themselves contained Guard) personnel convicted by civilian Headquarters Services, 1155 Defense in this system should address written authorities of felony offenses as defined Pentagon, Washington, DC 20301–1155. inquiries to the Privacy Act Officer, by State or local law. FOR FURTHER INFORMATION CONTACT: Ms. Office of Freedom of Information, Active duty military (includes Coast Karen Finnegan at (703) 696–3081. Washington Headquarters Services, Guard) personnel who attempt or SUPPLEMENTARY INFORMATION: The Office 1155 Defense Pentagon, Washington, DC commit suicide. Individuals who are of the Secretary of Defense systems of 20301–1155. victims of those offenses which are records notices subject to the Privacy Written requests should contain the either reportable to the Department of Act of 1974, (5 U.S.C. 552a), as full name, Social Security Number Justice or are reportable for having amended, have been published in the (SSN), date of birth, and current address committed criminal incidents in Federal Register and are available from and telephone number of the violation of law or regulation. the address above. individual.’’ Active duty military (includes Coast Guard) personnel who must be reported The specific changes to the record CONTESTING RECORD PROCEDURES: systems being amended are set forth to the Department of Justice under the Delete entry and replace with ‘‘The below followed by the notice, as Brady Handgun Violence Prevention OSD rules for accessing records, for amended, published in its entirety. The Act because such personnel have been contesting contents and appealing proposed amendments are not within referred to trial by a general courts- initial agency determinations are the purview of subsection (r) of the martial for an offense punishable by published in OSD Administrative Privacy Act of 1974, (5 U.S.C. 552a), as imprisonment for a term exceeding one Instruction 81; 32 CFR part 311; or may amended, which requires the year; have left the State with the intent be obtained from the Privacy Act submission of a new or altered system of avoiding either pending charges or Officer, Office of Freedom of report. giving testimony in criminal Information, Washington Headquarters proceedings; are either current users of September 26, 2007. Services, 1155 Defense Pentagon, a controlled substance which has not L.M. Bynum, Washington, DC 20301–1155. been prescribed by a licensed physician Alternative OSD Federal Register Liaison * * * * * (Note: Includes both current and former Officer, Department of Defense. members who recently have been DMDC 07 S322.15 DMDC convicted by a courts-martial, given SYSTEM NAME: non-judicial punishment, or SYSTEM NAME: Defense Incident-Based Reporting administratively separated based on Defense Incident-Based Reporting System (DIBRS). drug use or failing a drug rehabilitation System (DIBRS) (May 25, 2007, 72 FR program) or using a controlled 29308). SYSTEM LOCATION: substance and losing the power of self- Naval Postgraduate School Computer control with respect to that substance; CHANGES: Center, Naval Postgraduate School, are adjudicated by lawful authority to be SYSTEM IDENTIFIER: Monterey, CA 93943–5000. a danger to themselves or others or to Delete entry and replace with ‘‘DMDC lack the mental capacity to contract or 07’’. CATEGORIES OF INDIVIDUALS COVERED BY THE manage their own affairs or are formally SYSTEM: * * * * * committed by lawful authority to a Active duty military (includes Coast mental hospital or like facility (Note: ROUTINE USES OF RECORDS MAINTAINED IN THE Guard) or civilian personnel who have Includes those members found SYSTEM, INCLUDING CATEGORIES OF USERS AND been apprehended or detained for incompetent to stand trial or found not THE PURPOSES OF SUCH USES: criminal offenses which must be guilty by reason of lack of mental Delete entry and replace with ‘‘The reported to the Department of Justice responsibility pursuant to Articles 50a DoD ‘Blanket Routine Uses’ set forth at pursuant to the Uniform Crime and 72b of the Uniform Code of Military the beginning of the OSD compilation of Reporting Handbook as required by the Justice); have been discharged from the systems of records notices apply to this Uniform Federal Crime Reporting Act. Armed Services pursuant to either a system.’’ Active duty military (includes Coast dishonorable discharge or a dismissal * * * * * Guard) personnel accused of criminal adjudged by a general courts-martial; or offenses under the Uniform Code of have been convicted in any court of a NOTIFICATION PROCEDURE: Military Justice and investigated by a misdemeanor crime of domestic Delete entry and replace with military law enforcement organization. violence. ‘‘Individuals seeking to determine Active duty military (includes Coast whether information about themselves Guard) personnel accused of CATEGORIES OF RECORDS IN THE SYSTEM: is contained in this system should fraternization, sexual harassment, a sex- Records compiled by law enforcement address written inquiries to the Privacy related offense, a hate or bias crime, or authorities (e.g., Pentagon Force Act Officer, Office of Freedom of a criminal offense against a victim who Protective Agency, military and civilian Information, Washington Headquarters is a minor and investigated by a police, military criminal investigation
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56064 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
services or commands); DOD to provide personal information SAFEGUARDS: organizations and military commands; required by the DOJ under the Brady Computerized records are maintained Legal and judicial authority (e.g., Staff Handgun Violence Prevention Act and in a controlled area accessible only to Judge Advocates, courts-martial); and the Public Health Security and authorized personnel. Entry to these Correctional institutions and facilities Bioterrorism Preparedness and areas is restricted by the use of locks, (e.g., the United States Disciplinary Response Act of 2002; statistical guards, and administrative procedures. Barracks) consisting of personal data on information required by DOD under the Access to personal information is individuals, to include but not limited Victim’s Rights and Restitution Act; limited to those who require the records to, name; social security number; date of information required for the DOD in the performance of their official birth; place of birth; race; ethnicity; sex; database on domestic violence duties. Access to personal information identifying marks (tattoos, scars, etc.); incidents; and to enhance DOD’s is further restricted by the use of height; weight; nature and details of the capability to analyze trends and to passwords which are changed incident/offense to include whether respond to executive, legislative, and periodically. alcohol, drugs and/or weapons were oversight requests for statistical crime RETENTION AND DISPOSAL: involved; driver’s license information; data relating to criminal and other high- actions taken by military commanders interest incidents. The master file is retained (e.g., administrative and/or non-judicial permanently. Input and source records measures, to include sanctions ROUTINE USES OF RECORDS MAINTAINED IN THE are destroyed after data have been imposed); court-martial results and SYSTEM, INCLUDING CATEGORIES OF USERS AND entered into the master file or when no punishments imposed; confinement THE PURPOSES OF SUCH USES: longer needed for operational purposes, information, to include location of In addition to those disclosures whichever is later. Output products correctional facility, gang/cult affiliation generally permitted under 5 U.S.C. (electronic or paper) are destroyed when if applicable; and release/parole/ 552a(b) of the Privacy Act, these records no longer needed for operational clemency eligibility dates. or information contained therein may purposes. Records also consist of personal specifically be disclosed outside the SYSTEM MANAGER(S) AND ADDRESS: information on individuals who were DoD as a routine use pursuant to 5 Deputy Director, Defense Manpower victims. Such information does not U.S.C. 552a(b)(3) as follows: Data Center, DOD Center Monterey Bay, include the name of the victim or other (1) To compile crime statistics so that 400 Gigling Road, Seaside, CA 93955– personal identifiers (e.g., Social Security such information can be both 6771. Number, date of birth, etc.), but does disseminated to the general public and include the individual’s residential zip used to develop statistical data for use NOTIFICATION PROCEDURE: code; age; sex; race; ethnicity; and type by law enforcement agencies; (2) To Individuals seeking to determine of injury. compile information on those whether information about themselves is contained in this system should AUTHORITY FOR MAINTENANCE OF THE SYSTEM: individuals for whom receipt or address written inquiries to the Privacy 5 U.S.C. 301, Departmental possession of a firearm would violate the law so that such information can be Act Officer, Office of Freedom of Regulation; 10 U.S.C. 136, Under Information, Washington Headquarters Secretary of Defense for Personnel and included in the National Instant Criminal Background Check System Services, 1155 Defense Pentagon, Readiness; 10 U.S.C. 1562, Database on Washington, DC 20301–1155. Domestic Violence Incidents; 18 U.S.C. which may be used by firearm licensees (importers, manufactures or dealers) to Written requests should contain the 922 note, Brady Handgun Violence full name, Social Security Number Prevention Act; 28 U.S.C. 534 note, determine whether individuals are disqualified from receiving or (SSN), date of birth, and current address Uniform Federal Crime Reporting Act; and telephone number of the individual. 42 U.S.C. 10607, Victims Rights and possessing a firearm; and (3) To compile Restitution Act of 1990; 18 U.S.C. 922, information on those individuals for RECORD ACCESS PROCEDURES: The Lautenberg Amendment to the Gun whom access to a biological agent or Individuals seeking access to Control Act; 42 U.S.C. 14071, The Jacob toxin would violate the law so that such information about themselves contained Wetterling Crimes Against Children and information can be included in a in this system should address written Sexually Violent Offender Registration database which may be used to inquiries to the Privacy Act Officer, Program; 10 U.S.C. 1562, Database on determine whether individuals are Office of Freedom of Information, Domestic Violence Incidents; Public disqualified from accessing such agents Washington Headquarters Services, Health Security and Bioterrorism or toxins. 1155 Defense Pentagon, Washington, DC Preparedness and Response Act of 2002, The DoD ‘Blanket Routine Uses’ set 20301–1155. Pub. L. 107–188; DOD Directive forth at the beginning of the OSD Written requests should contain the 7730.47, Defense Incident-Based compilation of systems of records full name, Social Security Number Reporting System (DIBRS); and E.O. notices apply to this system. (SSN), date of birth, and current address 9397 (SSN). and telephone number of the individual. POLICIES AND PRACTICES FOR STORING, PURPOSE(S): RETRIEVING, ACCESSING, RETAINING, AND CONTESTING RECORD PROCEDURES: To provide a single central facility DISPOSING OF RECORDS IN THE SYSTEM: The OSD rules for accessing records, within the Department of Defense (DOD) STORAGE: for contesting contents and appealing which can serve as a repository of initial agency determinations are criminal and specified other non- Electronic storage media. published in OSD Administrative criminal incidents which will be used to Instruction 81; 32 CFR part 311; or may satisfy statutory and regulatory RETRIEVABILITY: be obtained from the Privacy Act reporting requirements, specifically to Records are retrieved by name, Social Officer, Office of Freedom of provide crime statistics required by the Security Number (SSN), incident Information, Washington Headquarters Department of Justice (DOJ) under the number, or any other data element Services, 1155 Defense Pentagon, Uniform Federal Crime Reporting Act; contained in the system. Washington, DC 20301–1155.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56065
RECORD SOURCE CATEGORIES: be obtained from the Privacy Act DoD as a routine use pursuant to 5 The military services (includes the Officer, Office of Freedom of U.S.C. 552a(b)(3) as follows: U.S. Coast Guard) and Defense agencies. Information, Washington Headquarters The information may be used to Services, 1155 Defense Pentagon, support manpower research sponsored EXEMPTIONS CLAIMED FOR THE SYSTEM: Washington, DC 20301–1155. by other Federal agencies. None. * * * * * The DoD ‘Blanket Routine Uses’ set forth at the beginning of the OSD S322.35 DMDC DMDC 08 compilation of systems of records notices apply to this system. SYSTEM NAME: SYSTEM NAME: Survey and Census Data Base (June 5, Survey and Census Data Base. POLICIES AND PRACTICES FOR STORING, 2006, 71 FR 32331). RETRIEVING, ACCESSING, RETAINING, AND SYSTEM LOCATION: DISPOSING OF RECORDS IN THE SYSTEM: CHANGES: Naval Postgraduate School Computer STORAGE: * * * * * Center, Naval Postgraduate School, Monterey, CA 93943–5000. Electronic storage media. SYSTEM IDENTIFIER: RETRIEVABILITY: Delete entry and replace with ‘‘DMDC CATEGORIES OF INDIVIDUALS COVERED BY THE 08’’. SYSTEM: Records can be retrieved by Social Security Number; by institutional * * * * * Individuals who completed census or survey forms, including military affiliation such as service membership; ROUTINE USES OF RECORDS MAINTAINED IN THE members, civilians, persons eligible for and by individual characteristics such SYSTEM, INCLUDING CATEGORIES OF USERS AND DoD benefits, men and women of as educational level. THE PURPOSES OF SUCH USES: military age, and applicants to the SAFEGUARDS: Delete entry and replace with ‘‘The military services. DoD ‘Blanket Routine Uses’ set forth at Access to data at all locations is the beginning of the OSD compilation of CATEGORIES OF RECORDS IN THE SYSTEM: restricted to those who require the systems of records notices apply to this Survey responses and census records in the performance of their system.’’ information. official duties. Access is further restricted by the use of passwords * * * * * AUTHORITY FOR MAINTENANCE OF THE SYSTEM: which are changed periodically. NOTIFICATION PROCEDURE: 5 U.S.C. 7101 Note, Employee Physical entry is restricted by the use of Surveys (Pub. L. 108–136, Sec. 1128); 10 Delete entry and replace with locks, guards, and administrative U.S.C. 136, Under Secretary of Defense procedures. ‘‘Individuals seeking to determine for Personnel and Readiness; 10 U.S.C. whether information about themselves 481, Racial and Ethnic Issues; Gender RETENTION AND DISPOSAL: is contained in this system should Issues: Surveys; 10 U.S.C. 1782, Surveys Master file, system documentation, address written inquiries to the Privacy of Military Families; 10 U.S.C. 2358, codebooks, record layouts, and other Act Officer, Office of Freedom of Research and Development Projects; system documentation are permanent. Information, Washington Headquarters DoD Directive 5124.2, Under Secretary Survey questionnaires and census forms Services, 1155 Defense Pentagon, of Defense for Personnel and Readiness (inputs/source records) are destroyed Washington, DC 20301–1155. (USD (P&R)); and E.O. 9397 (SSN). after computer records have been Written requests should contain the created and validated. Summary reports full name, Social Security Number PURPOSE(S): (electronic or paper) are deleted and/or (SSN), date of birth, and current address The purposes of the system are to destroyed when no longer needed for and telephone number of the count DoD personnel and beneficiaries operational purposes. individual.’’ for evacuation planning, apportionment when directed by oversight authority SYSTEM MANAGER(S) AND ADDRESS: RECORD ACCESS PROCEDURES: and for other policy planning purposes, Director, Defense Manpower Data Delete entry and replace with and to obtain characteristic information Center, 1600 Wilson Boulevard, Suite ‘‘Individuals seeking access to on DoD personnel and households to 400, Arlington, VA 22209–2593. information about themselves contained support manpower and benefits in this system should address written research; to sample attitudes and/or NOTIFICATION PROCEDURE: inquiries to the Privacy Act Officer, discern perceptions of social problems Individuals seeking to determine Office of Freedom of Information, observed by DoD personnel and to whether information about themselves Washington Headquarters Services, support other manpower research is contained in this system should 1155 Defense Pentagon, Washington, DC activities; to sample attitudes toward address written inquiries to the Privacy 20301–1155. enlistment in and determine reasons for Act Officer, Office of Freedom of Written requests should contain the enlistment decisions. This information Information, Washington Headquarters full name, Social Security Number is used to support manpower research Services, 1155 Defense Pentagon, (SSN), date of birth, and current address sponsored by the Department of Defense Washington, DC 20301–1155. and telephone number of the and the military services. Written requests should contain the individual.’’ individual’s full name, Social Security ROUTINE USES OF RECORDS MAINTAINED IN THE Number (SSN), date of birth, and CONTESTING RECORD PROCEDURES: SYSTEM, INCLUDING CATEGORIES OF USERS AND current address and telephone number Delete entry and replace with ‘‘The THE PURPOSES OF SUCH USES: of the individual. OSD rules for accessing records, for In addition to those disclosures contesting contents and appealing generally permitted under 5 U.S.C. RECORD ACCESS PROCEDURES: initial agency determinations are 552a(b) of the Privacy Act, these records Individuals seeking access to published in OSD Administrative or information contained therein may information about themselves contained Instruction 81; 32 CFR part 311; or may specifically be disclosed outside the in this system should address written
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56066 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
inquiries to the Privacy Act Officer, records notices subject to the Privacy CONTESTING RECORD PROCEDURES: Office of Freedom of Information, Act of 1974, (5 U.S.C. 552a), as Delete entry and replace with ‘‘The Washington Headquarters Services, amended, have been published in the OSD rules for accessing records, for 1155 Defense Pentagon, Washington, DC Federal Register and are available from contesting contents and appealing 20301–1155. the address above. initial agency determinations are Written requests should contain the The specific changes to the record published in OSD Administrative individual’s full name, Social Security systems being amended are set forth Instruction 81; 32 CFR part 311; or may Number (SSN), date of birth, and below followed by the notice, as be obtained from the Privacy Act current address and telephone number amended, published in its entirety. The Officer, Office of Freedom of of the individual. proposed amendments are not within Information, Washington Headquarters the purview of subsection (r) of the Services, 1155 Defense Pentagon, CONTESTING RECORD PROCEDURES: Privacy Act of 1974, (5 U.S.C. 552a), as Washington, DC 20301–1155.’’ The OSD rules for accessing records, amended, which requires the * * * * * for contesting contents and appealing submission of a new or altered system initial agency determinations are report. DMDC 03 published in OSD Administrative Instruction 81; 32 CFR part 311; or may Dated: September 26, 2007. SYSTEM NAME: be obtained from the Privacy Act L.M. Bynum, Defense Outreach Referral System Officer, Office of Freedom of Alternative OSD Federal Register Liaison (DORS). Information, Washington Headquarters Officer, Department of Defense. SYSTEM LOCATION: Services, 1155 Defense Pentagon, S322.01 DMDC Washington, DC 20301–1155. Naval Postgraduate School Computer Center, Naval Postgraduate School, SYSTEM NAME: DEFENSE OUTREACH REFERRAL RECORD SOURCE CATEGORIES: SYSTEM (DORS) (JUNE 5, 2006, 712 FR 32327). Monterey, CA 93943–5000. The survey and census information is CHANGES: CATEGORIES OF INDIVIDUALS COVERED BY THE provided by the individual; additional SYSTEM: data obtained from Federal records are SYSTEM IDENTIFIER: DELETE ENTRY AND REPLACE Current and former Defense military linked to individual cases in some data WITH ‘‘DMDC 03’’. and civilian personnel and their sets. * * * * * spouses; U.S. Coast Guard personnel EXEMPTIONS CLAIMED FOR THE SYSTEM: Routine uses of records maintained in and their spouses; and participating None. the system, including categories of users Federal departments’ and/or agencies’ and the purposes of such uses: Delete civilian employees and their spouses [FR Doc. E7–19427 Filed 10–1–07; 8:45 am] entry and replace with ‘‘The DoD who have applied to take part in this job BILLING CODE 5001–06–P ‘Blanket Routine Uses’ set forth at the placement program. beginning of the OSD compilation of Individuals covered under Public systems of records notices apply to this Laws 102–484 and 103–337, who have DEPARTMENT OF DEFENSE system.’’ applied for public employment. * * * * * Office of the Secretary CATEGORIES OF RECORDS IN THE SYSTEM: [DoD–2007–OS–0101] NOTIFICATION PROCEDURE: Computerized records consisting of Delete entry and replace with name, Social Security Number, Privacy Act of 1974; System of ‘‘Individuals seeking to determine correspondence address, branch of Records whether information about themselves service, date of birth, separation status, travel availability, U.S. citizenship, AGENCY: Office of the Secretary, DoD. is contained in this system should address written inquiries to the Privacy occupational interests, geographic ACTION: Notice to amend two systems of location work preferences, pay grade, records. Act Officer, Office of Freedom of Information, Washington Headquarters rank, last unit of assignment, SUMMARY: The Office of the Secretary of Services, 1155 Defense Pentagon, educational levels, dates of military or Defense is amending two systems of Washington, DC 20301–1155. civilian service, language skills, flying records notices in its existing inventory Written requests should contain the status, security clearances, civilian and of record systems subject to the Privacy individual’s full name, Social Security military occupation codes, and self Act of 1974, (5 U.S.C. 552a), as Number (SSN), date of birth, and reported personal comments for the amended. current address and telephone number.’’ purpose of providing prospective employers with a centralized system for DATES : This proposed action will be RECORD ACCESS PROCEDURES: locating potential employees. effective without further notice on November 1, 2007 unless comments are Delete entry and replace with AUTHORITY FOR MAINTENANCE OF THE SYSTEM: received which result in a contrary ‘‘Individuals seeking access to 10 U.S.C. 136, Under Secretary of determination. information about themselves contained Defense for Personnel and Readiness; 10 in this system should address written ADDRESSES: Send comments to the OSD U.S.C. 1143 and 1144; 10 U.S.C. 2358; inquiries to the Privacy Act Officer, 31 U.S.C. 1535; Public Law 101–510, Privacy Act Coordinator, Records Office of Freedom of Information, Management Section, Washington 102–484 and 103–337; and E.O. 9397 Washington Headquarters Services, (SSN). Headquarters Services, 1155 Defense 1155 Defense Pentagon, Washington, DC Pentagon, Washington, DC 20301–1155. 20301–1155. PURPOSE(S): FOR FURTHER INFORMATION CONTACT: Ms. Written requests should contain the The purpose of this system is to Karen Finnegan at (703) 696–3081. individual’s full name, Social Security facilitate the transition of current and SUPPLEMENTARY INFORMATION: The Office Number (SSN), date of birth, and former Defense military and their of the Secretary of Defense systems of current address and telephone number.’’ spouses; U.S. Coast Guard personnel
VerDate Aug<31>2005 16:48 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56067
and their spouses; and participating Services, 1155 Defense Pentagon, whether information about themselves Federal department’s and/or agencies’ Washington, DC 20301–1155. is contained in this system should civilian employees and their spouses to Written requests should contain the address written inquiries to the Privacy private industry and public employment individual’s full name, Social Security Act Officer, Office of Freedom of in the event of a downsizing of the Number (SSN), date of birth, and Information, Washington Headquarters Department of Defense and the Federal current address and telephone number. Services, 1155 Defense Pentagon, Washington, DC 20301–1155. Government. RECORD ACCESS PROCEDURES: For former military members covered Written requests should contain the under Public Law 102–484 and Public Individuals seeking access to individual’s full name, Social Security information about themselves contained Law 103–337, the information will be Number (SSN), date of birth, and in this system should address written used to track the participant’s public current address and telephone number. inquiries to the Privacy Act Officer, employment and to verify the Office of Freedom of Information, RECORD ACCESS PROCEDURES: participant’s public employment history Washington Headquarters Services, Delete entry and replace with for DoD and DoT retirement and pay 1155 Defense Pentagon, Washington, DC ‘‘Individuals seeking access to eligibility. 20301–1155. information about themselves contained ROUTINE USES OF RECORDS MAINTAINED IN THE Written requests should contain the in this system should address written SYSTEM, INCLUDING CATEGORIES OF USERS AND individual’s full name, Social Security inquiries to the Privacy Act Officer, THE PURPOSES OF SUCH USES: Number (SSN), date of birth, and Office of Freedom of Information, In addition to those disclosures current address and telephone number. Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC generally permitted under 5 U.S.C. CONTESTING RECORD PROCEDURES: 552a(b) of the Privacy Act, these records 20301–1155. The OSD rules for accessing records, or information contained therein may Written requests should contain the for contesting contents and appealing specifically be disclosed outside the individual’s full name, Social Security initial agency determinations are DoD as a routine use pursuant to 5 Number (SSN), date of birth, and published in OSD Administrative U.S.C. 552a(b)(3) as follows: current address and telephone number.’’ Instruction 81; 32 CFR part 311; or may The DoD ‘Blanket Routine Uses’ set be obtained from the Privacy Act CONTESTING RECORD PROCEDURES: forth at the beginning of the OSD Officer, Office of Freedom of Delete entry and replace with ‘‘The compilation of systems of records Information, Washington Headquarters OSD rules for accessing records, for notices apply to this system. Services, 1155 Defense Pentagon, contesting contents and appealing POLICIES AND PRACTICES OF STORING, Washington, DC 20301–1155. initial agency determinations are RETRIEVING, ACCESSING, RETAINING AND published in OSD Administrative RECORD SOURCE CATEGORIES: DISPOSING OF RECORDS IN THE SYSTEM: Instruction 81; 32 CFR part 311; or may The Military Services, DoD be obtained from the Privacy Act STORAGE: Components, the U.S. Coast Guard, Electronic storage media. Officer, Office of Freedom of participating Federal departments and/ Information, Washington Headquarters or agencies, and from the subject RETRIEVABILITY: Services, 1155 Defense Pentagon, individual via application into the Washington, DC 20301–1155. Retrieved by Social Security Number program. (SSN) or occupational or geographic * * * * * preference of the individual. EXEMPTIONS CLAIMED FOR THE SYSTEM: DMDC 04 None. SAFEGUARDS: SYSTEM NAME: Access to data at all locations is S322.05 DMDC Noncombatant Evacuation and restricted to those who require the SYSTEM NAME: Repatriation Data Base (NEO). records in the performance of their Noncombatant Evacuation & official duties. Access is further SYSTEM LOCATION: Repatriation Data Base (NEO) (June 5, restricted by the use of passwords 2006, 71 FR 32328). Defense Manpower Data Center, DoD which are changed periodically. Center Monterey Bay, 400 Gigling Road, Physical entry is restricted by the use of CHANGES: Seaside, CA 93955–6771. Information locks, guards, and administrative * * * * * may be accessed by remote terminals at procedures. the repatriation centers. The location of SYSTEM IDENTIFIER: the repatriation centers can be obtained RETENTION AND DISPOSAL: Delete entry and replace with ‘‘DMDC from the System manager listed below. Delete when 5 years old or when no 04’’. longer needed for operational purposes, * * * * * CATEGORIES OF INDIVIDUALS COVERED BY THE whichever is later. SYSTEM: ROUTINE USES OF RECORDS MAINTAINED IN THE All noncombatant evacuees including SYSTEM MANAGER(S) AND ADDRESS: SYSTEM, INCLUDING CATEGORIES OF USERS AND service members, their dependents, DoD Director, Defense Manpower Data THE PURPOSES OF SUCH USES: and non-DoD employees and Center, 1600 Wilson Boulevard, Suite Delete entry and replace ‘‘The DoD dependents, U.S. residents abroad, 400, Arlington, VA 22209–2593. ‘Blanket Routine Uses’ set forth at the foreign nationals and corporate beginning of the OSD compilation of employees and dependents. NOTIFICATION PROCEDURE: systems of records notices apply to this Individuals seeking to determine system.’’ CATEGORIES OF RECORDS IN THE SYSTEM: whether information about themselves * * * * * Social Security Number, name, date of is contained in this system should birth, passport number, country of address written inquiries to the Privacy NOTIFICATION PROCEDURE: citizenship, marital status, gender, Act Officer, Office of Freedom of Delete entry and replace with employer, destination address and type Information, Washington Headquarters ‘‘Individuals seeking to determine of assistance needed.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56068 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: RETRIEVABILITY: published in OSD Administrative E.O. 12656, Assignment of Emergency Retrieved by name, Social Security Instruction 81; 32 CFR part 311; or may Preparedness Responsibilities, Number (SSN), or location of evacuation be obtained from the Privacy Act November 18, 1988; DoD Directive point or repatriation center. Officer, Office of Freedom of 3025.14, Protection and Evacuation of Information, Washington Headquarters SAFEGUARDS: U.S. Citizens and Designated Aliens in Services, 1155 Defense Pentagon, Danger Areas Abroad; and E.O. 9397 Computerized records are maintained Washington, DC 20301–1155. (SSN). in a controlled area accessible only to authorized personnel. At Defense RECORD SOURCE CATEGORIES: PURPOSE(S): Manpower Data Center (DMDC), entry to The Military Services, DoD The records are maintained for the these areas is restricted by the use of Components, and from individuals via purposes of tracking and accounting for locks, guards, and administrative application. individuals evacuated from emergency procedures. Access to personal situations in foreign countries, securing information is limited to those who EXEMPTIONS CLAIMED FOR THE SYSTEM: relocation and assistance services, and require the records in the performance None. of their official duties. Access to assessing and recovering relocation [FR Doc. E7–19428 Filed 10–1–07; 8:45 am] costs. personal information is further restricted by the use of passwords BILLING CODE 5001–06–P ROUTINE USES OF RECORDS MAINTAINED IN THE which are changed periodically. SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: RETENTION AND DISPOSAL: DEPARTMENT OF DEFENSE In addition to those disclosures Master file, system documentation, Office of the Secretary generally permitted under 5 U.S.C. codebooks, record layouts, and other 552a(b) of the Privacy Act, these records system documentation are permanent. or information contained therein may Inputs/Source Records are deleted and/ [DoD–2007–OS–0110] specifically be disclosed outside the or destroyed after data have been Privacy Act of 1974; System of DoD as a routine use pursuant to 5 entered into the master file or when no Records U.S.C. 552a(b)(3) as follows: longer needed for operational purposes, To individuals who have been whichever is later. Summary reports AGENCY: Office of the Secretary, DoD. evacuated but who have been separated (electronic or paper) are deleted and/or ACTION: Notice to amend two systems of from their family and/or spouse. destroyed when no longer needed for records. Information will be released to the operational purposes. individual indicating where the family SUMMARY: The Office of the Secretary of member was evacuated from and final SYSTEM MANAGER(S) AND ADDRESS: Director, Defense Manpower Data Defense is amending two systems of destination. records notices in its existing inventory To Department of State to plan and Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209–2593. of record systems subject to the Privacy monitor evacuation effectiveness and Act of 1974, (5 U.S.C. 552a), as need for services and to verify the NOTIFICATION PROCEDURE: amended. number of people by category who have Individuals seeking to determine been evacuated. DATES: This proposed action will be whether information about themselves To the American Red Cross so that effective without further notice on is contained in this system should upon receipt of information from a November 1, 2007 unless comments are address written inquiries to the Privacy repatriation center that a DoD family has received which result in a contrary Act Officer, Office of Freedom of arrived safely in the U.S., the Red Cross determination. Information, Washington Headquarters may notify the service member Services, 1155 Defense Pentagon, ADDRESSES: Send comments to the OSD (sponsor) still in the foreign country that Washington, DC 20301–1155. Privacy Act Coordinator, Records his/her family has safely arrived in the Written requests should contain the Management Section, Washington United States. individual’s full name, Social Security Headquarters Services, 1155 Defense To the Immigration and Number (SSN), date of birth, and Pentagon, Washington, DC 20301–1155. Naturalization Service to track and current address and telephone number. make contact with all foreign nationals FOR FURTHER INFORMATION CONTACT: Ms. Karen Finnegan at (703) 696–3081. who have been evacuated to the U.S. RECORD ACCESS PROCEDURES: To the Department of Health and Individuals seeking access to SUPPLEMENTARY INFORMATION: The Office Human Services for purposes of giving information about themselves contained of the Secretary of Defense systems of financial assistance and recoupment of in this system should address written records notices subject to the Privacy same. To identify individuals who inquiries to the Privacy Act Officer, Act of 1974, (5 U.S.C. 552a), as might arrive with an illness which Office of Freedom of Information, amended, have been published in the would require quarantine. Washington Headquarters Services, Federal Register and are available from The DoD ’Blanket Routine Uses’ set 1155 Defense Pentagon, Washington, DC the address above. forth at the beginning of the OSD 20301–1155. The specific changes to the record compilation of systems of records Written requests should contain the systems being amended are set forth notices apply to this system. individual’s full name, Social Security below followed by the notice, as Number (SSN), date of birth, and amended, published in its entirety. The POLICIES AND PRACTICES FOR STORING, proposed amendments are not within RETRIEVING, ACCESSING AND DISPOSING OF current address and telephone number. the purview of subsection (r) of the RECORDS IN THE SYSTEM: CONTESTING RECORD PROCEDURES: Privacy Act of 1974, (5 U.S.C. 552a), as STORAGE: The OSD rules for accessing records, amended, which requires the Paper files in file folders and for contesting contents and appealing submission of a new or altered system electronic storage media. initial agency determinations are report.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56069
Dated: September 26, 2007. Services, 1155 Defense Pentagon, RETRIEVABILITY: L.M. Bynum, Washington, DC 20301–1155.’’ Records may be retrieved by Alternative OSD Federal Register Liaison * * * * * individual identifier such as Social Officer, Department of Defense. Security Number (SSN) or by DMDC 05 demographic characteristic. S322.09 DMDC SYSTEM NAME: SAFEGUARDS: SYSTEM NAME: Joint Duty Assignment Management Computerized records are maintained Information System (JDAMIS). Joint Duty Assignment Management in a controlled area accessible only to Information System (JDAMIS) (January SYSTEM LOCATION: authorized personnel. Entry to these 8, 2007, 72 FR 737). Defense Manpower Data Center, DoD areas is restricted by the use of locks, CHANGES: Center Monterey Bay, 400 Gigling Road, guards, and administrative procedures. Seaside, CA 93955–6771. Access to personal information is SYSTEM IDENTIFIER: limited to those who require the records Delete entry and replace with ‘‘DMDC CATEGORIES OF INDIVIDUALS COVERED BY THE in the performance of their official 05’’. SYSTEM: duties. Access to personal information * * * * * All active duty officers who are is further restricted by the use of serving or have served in billets passwords which are changed ROUTINE USES OF RECORDS MAINTAINED IN THE designated as joint duty assignment periodically. SYSTEM, INCLUDING CATEGORIES OF USERS AND positions; are attending or have THE PURPOSES OF SUCH USES: completed joint professional military RETENTION AND DISPOSAL: Delete entry and replace with ‘‘The education schools; are joint specialty Delete when 5 years old or when no DoD ‘Blanket Routine Uses’ set forth at officers or nominees. longer needed for operational purposes, whichever is later. the beginning of the OSD compilation of CATEGORIES OF RECORDS IN THE SYSTEM: systems of records notices apply to this The information on billets includes SYSTEM MANAGER(S) AND ADDRESS: system.’’ service, unit identification code, tour Director, Defense Manpower Data * * * * * length, rank, job title, skill and critical Center, 1600 Wilson Boulevard, Suite NOTIFICATION PROCEDURE: billet. Information on individuals 400, Arlington, VA 22209–2593. includes social security number, joint Delete entry and replace with duty qualification, departure reason, NOTIFICATION PROCEDURE: ‘‘Individuals seeking to determine joint professional military education Individuals seeking to determine whether information about themselves status, service, occupation, gender, date whether information about themselves is contained in this system should of rank and duty station. is contained in this system should address written inquiries to the Privacy address written inquiries to the Privacy Act Officer, Office of Freedom of AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Act Officer, Office of Freedom of Information, Washington Headquarters 10 U.S.C. 136, Under Secretary of Information, Washington Headquarters Services, 1155 Defense Pentagon, Defense for Personnel and Readiness; 10 Services, 1155 Defense Pentagon, Washington, DC 20301–1155. U.S.C. 667, Annual Report to Congress; Washington, DC 20301–1155. Written requests should contain the and E.O. 9397 (SSN). Written requests should contain the individual’s full name, Social Security PURPOSE(S): individual’s full name, Social Security Number (SSN), date of birth, and Number (SSN), date of birth, and current address and telephone number.’’ To allow the Department of Defense to monitor Joint Duty Assignment current address and telephone number. RECORD ACCESS PROCEDURES: positions and personnel and to report to RECORD ACCESS PROCEDURES: Delete entry and replace with the Congress as required by Title IV, Individuals seeking access to ‘‘Individuals seeking access to Chapter 38, Section 667 (Annual Report information about themselves contained information about themselves contained to Congress) of the DoD Reorganization in this system should address written in this system should address written Act of 1986; Public Law 99–433. inquiries to the Privacy Act Officer, inquiries to the Privacy Act Officer, ROUTINE USES OF RECORDS MAINTAINED IN THE Office of Freedom of Information, Office of Freedom of Information, SYSTEM, INCLUDING CATEGORIES OF USERS AND Washington Headquarters Services, Washington Headquarters Services, THE PURPOSES OF SUCH USES: 1155 Defense Pentagon, Washington, DC 1155 Defense Pentagon, Washington, DC In addition to those disclosures 20301–1155. 20301–1155. generally permitted under 5 U.S.C. Written requests should contain the Written requests should contain the 552a(b) of the Privacy Act, these records individual’s full name, Social Security individual’s full name, Social Security or information contained therein may Number (SSN), date of birth, and Number (SSN), date of birth, and specifically be disclosed outside the current address and telephone number. current address and telephone number.’’ DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: CONTESTING RECORD PROCEDURES: CONTESTING RECORD PROCEDURES: The DoD ‘Blanket Routine Uses’ set The OSD rules for accessing records, Delete entry and replace with ‘‘The forth at the beginning of the OSD for contesting contents and appealing OSD rules for accessing records, for compilation of systems of records initial agency determinations are contesting contents and appealing notices apply to this system. published in OSD Administrative initial agency determinations are Instruction 81; 32 CFR part 311; or may published in OSD Administrative POLICIES AND PRACTICES FOR STORING, be obtained from the Privacy Act Instruction 81; 32 CFR part 311; or may RETRIEVING, ACCESSING, RETAINING, AND Officer, Office of Freedom of DISPOSING OF RECORDS IN THE SYSTEM: be obtained from the Privacy Act Information, Washington Headquarters Officer, Office of Freedom of STORAGE: Services, 1155 Defense Pentagon, Information, Washington Headquarters Electronic storage media. Washington, DC 20301–1155.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56070 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
RECORD SOURCE CATEGORIES: RECORD ACCESS PROCEDURES: Compromise; 31 U.S.C. 3716, The military services and Office of the Delete entry and replace with Administrative Offset; 10 U.S.C. 136; 4 Joint Chiefs of Staff. ‘‘Individuals seeking access to CFR 101.1–105.5, Federal Claims information about themselves contained Collection Standards; 5 CFR 550.1101– EXEMPTIONS CLAIMED FOR THE SYSTEM: in this system should address written 1108, Collection by Offset from Indebted None. inquiries to the Privacy Act Officer, Government Employees; Guidelines on Office of Freedom of Information, the Relationship Between the Privacy S322.11 DMDC Washington Headquarters Services, Act of 1974 and the Debt Collection Act 1155 Defense Pentagon, Washington, DC of 1982, March 30, 1983 (48 FR 15556, SYSTEM NAME: 20301–1155. April, 1983); the Interagency Agreement Federal Creditor Agency Debt Written requests should contain the for Federal Salary Offset Initiative Collection Data Base (May 4, 2007, 72 individual’s full name, Social Security (Office of Management and Budget, FR 25269). Number (SSN), date of birth, and Department of the Treasury, Office of current address and telephone number.’’ Personnel Management and the CHANGES: Department of Defense, April 1987); and CONTESTING RECORD PROCEDURES: SYSTEM IDENTIFIER: Office of Management and Budget Delete entry and replace with ‘‘The Guidelines (54 FR 52818, June 19, 1989) Delete entry and replace with ‘‘DMDC OSD rules for accessing records, for interpreting the provisions of the 06’’. contesting contents and appealing Privacy Act (5 U.S.C. 552a) pertaining to * * * * * initial agency determinations are computer matching; and E.O. 9397 published in OSD Administrative (SSN). ROUTINE USES OF RECORDS MAINTAINED IN THE Instruction 81; 32 CFR part 311; or may SYSTEM, INCLUDING CATEGORIES OF USERS AND be obtained from the Privacy Act PURPOSE(S): THE PURPOSES OF SUCH USES: Officer, Office of Freedom of To maintain a computer data base Delete entry and replace with Information, Washington Headquarters permitting computer matching in ‘‘Individual’s name, Social Security Services, 1155 Defense Pentagon, compliance with the Privacy Act of Number (SSN), Federal agency or Washington, DC 20301–1155.’’ 1974 (5 U.S.C. 552a) as amended; to military service, category of employees, * * * * * assist and implement debt collection Federal salary or benefit payments, efforts by Federal creditor agencies record of debts and current work or DMDC 06 under the Debt Collection Act of 1982; home address and any other appropriate to identify and locate individual SYSTEM NAME: demographic data to a Federal creditor debtors; to increase the efficiency of agency for the purpose of contacting the Federal Creditor Agency Debt U.S. Government-wide efforts to collect debtor to obtain voluntary repayment Collection Data Base. debts owed the U.S. Government; to and, if necessary, to initiate any SYSTEM LOCATION: provide a centralized Federal data bank administrative or salary offset measures Naval Postgraduate School Computer for computer matching of Federal to recover the debt. Center, Naval Postgraduate School, employment records with delinquent To the Office of Finance of the U.S. Monterey, CA 93943–5000. debt records furnished by Federal House of Representatives and the creditor agencies under an Interagency Disbursing Office of the U.S. Senate, CATEGORIES OF INDIVIDUALS COVERED BY THE agreement sponsored and monitored by records of individual indebtedness from SYSTEM: the Department of the Treasury and the this system of records consisting of Department of Defense officers and Office of Management and Budget; and individual name, Social Security enlisted personnel, members of reserve to identify and locate employees or Number and amount, to be used to and guard components, retired military beneficiaries who are receiving Federal identify House and Senate members and personnel. All Federal-wide civilian salaries or other benefit payments and their employees indebted to the Federal employees and retirees and postal indebted to the creditor agency in order government for the purpose of collecting workers covered by the civil service to recoup the debt either through the debts. retirement system. Individuals voluntary repayment or by The DoD ‘Blanket Routine Uses’ set identified by Federal creditor agencies administrative or salary offset forth at the beginning of the OSD as delinquent in repayment of debts procedures established by law. compilation of systems of records owed to the U.S. Government. ROUTINE USES OF RECORDS MAINTAINED IN THE notices apply to this system.’’ CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM, INCLUDING CATEGORIES OF USERS AND * * * * * Name, Social Security Number (SSN), THE PURPOSE OF SUCH USES: In addition to those disclosures NOTIFICATION PROCEDURE: debt principal amount, interest and penalty amount, if any, debt reason, generally permitted under 5 U.S.C. Delete entry and replace with debt status, demographic information 552a(b) of the Privacy Act, these records ‘‘Individuals seeking to determine such as grade or rank, sex, date of birth, or information contained therein may whether information about themselves duty and home address, and various specifically be disclosed outside the is contained in this system should dates identifying the status changes DoD as a routine use pursuant to 5 address written inquiries to the Privacy occurring in the debt collection process. U.S.C. 552a(b)(3) as follows: Act Officer, Office of Freedom of Individual’s name, Social Security Information, Washington Headquarters AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Number (SSN), Federal agency or Services, 1155 Defense Pentagon, Debt Collection Act of 1982 (Pub. L. military service, category of employees, Washington, DC 20301–1155. 97–365), as amended by the Debt Federal salary or benefit payments, Written requests should contain the Collection Improvement Act of 1996 record of debts and current work or individual’s full name, Social Security (Pub. L. 104–134); 5 U.S.C. 5514, home address and any other appropriate Number (SSN), date of birth, and Installment Deduction of Indebtedness; demographic data to a Federal creditor current address and telephone number.’’ 31 U.S.C. 3711, Collection and agency for the purpose of contacting the
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56071
debtor to obtain voluntary repayment RECORD ACCESS PROCEDURES: comments electronically should not and, if necessary, to initiate any Individuals seeking access to submit paper copies. administrative or salary offset measures information about themselves contained SUPPLEMENTARY INFORMATION: Section to recover the debt. in this system should address written 3506 of the Paperwork Reduction Act of To the Office of Finance of the U.S. inquiries to the Privacy Act Officer, 1995 (44 U.S.C. Chapter 35) requires House of Representatives and the Office of Freedom of Information, that the Office of Management and Disbursing Office of the U.S. Senate, Washington Headquarters Services, Budget (OMB) provide interested records of individual indebtedness from 1155 Defense Pentagon, Washington, DC Federal agencies and the public an early this system of records consisting of 20301–1155. opportunity to comment on information individual name, Social Security Written requests should contain the collection requests. OMB may amend or Number and amount, to be used to individual’s full name, Social Security waive the requirement for public identify House and Senate members and Number (SSN), date of birth, and consultation to the extent that public their employees indebted to the Federal current address and telephone number. participation in the approval process government for the purpose of collecting would defeat the purpose of the CONTESTING RECORD PROCEDURES: the debts. information collection, violate State or The DoD ‘Blanket Routine Uses’ set The OSD rules for accessing records, Federal law, or substantially interfere forth at the beginning of the OSD for contesting contents and appealing with any agency’s ability to perform its compilation of systems of records initial agency determinations are statutory obligations. The IC Clearance notices apply to this system. published in OSD Administrative Official, Regulatory Information Instruction 81; 32 CFR part 311; or may Management Services, Office of POLICIES AND PRACTICES FOR STORING, be obtained from the Privacy Act Management, publishes that notice RETRIEVING, ACCESSING, RETAINING, AND Officer, Office of Freedom of DISPOSING OF RECORDS IN THE SYSTEM: containing proposed information Information, Washington Headquarters collection requests prior to submission STORAGE: Services, 1155 Defense Pentagon, of these requests to OMB. Each Electronic storage media. Washington, DC 20301–1155. proposed information collection, grouped by office, contains the RETRIEVABILITY: RECORD SOURCE CATEGORIES: following: (1) Type of review requested, Federal creditor agencies, the Office Records are retrieved by the e.g. new, revision, extension, existing or of Personnel Management and DoD individual’s name and Social Security reinstatement; (2) Title; (3) Summary of personnel, and finance centers. Number (SSN) from a computerized the collection; (4) Description of the index. EXEMPTIONS CLAIMED FOR THE SYSTEM: need for, and proposed use of, the SAFEGUARDS: None. information; (5) Respondents and frequency of collection; and (6) Computerized records are maintained [FR Doc. E7–19430 Filed 10–1–07; 8:45 am] Reporting and/or Recordkeeping in a controlled area accessible only to BILLING CODE 5001–06–P burden. OMB invites public comment. authorized personnel. Entry to these areas is restricted by the use of locks, Dated: September 26, 2007. guards, and administrative procedures. Angela C. Arrington, Access to personal information is DEPARTMENT OF EDUCATION IC Clearance Official, Regulatory Information Management Services, Office of Management. limited to those who require the records Submission for OMB Review; in the performance of their official Comment Request Office of Planning, Evaluation and duties. Access to personal information Policy Development is further restricted by the use of AGENCY: Department of Education. passwords which are changed SUMMARY: The IC Clearance Official, Type of Review: New. periodically. Regulatory Information Management Title: Evaluation of Evidence-based Services, Office of Management invites Practices in Online Learning. RETENTION AND DISPOSAL: comments on the submission for OMB Frequency: Annually. Affected Public: State, Local, or Tribal Records are erased within six months review as required by the Paperwork Gov’t, SEAs or LEAs; Businesses or after each match cycle. Reduction Act of 1995. other for-profit; Not-for-profit SYSTEM MANAGER(S) AND ADDRESS: DATES: Interested persons are invited to institutions. Deputy Director, Defense Manpower submit comments on or before Reporting and Recordkeeping Hour Data Center, DoD Center Monterey Bay, November 1, 2007. Burden: 400 Gigling Road, Seaside, CA 93955– ADDRESSES: Written comments should Responses: 380. 6771. be addressed to the Office of Burden Hours: 360. Information and Regulatory Affairs, Abstract: The purpose of this study is NOTIFICATION PROCEDURE: Attention: Education Desk Officer, to document characteristics associated Individuals seeking to determine Office of Management and Budget, 725 with prevalent types of online learning whether information about themselves 17th Street, NW., Room 10222, and evidence-based practices that is contained in this system should Washington, DC 20503. Commenters are strengthen implementation of online address written inquiries to the Privacy encouraged to submit responses learning. The data collection activities Act Officer, Office of Freedom of electronically by e-mail to to be conducted by this study will Information, Washington Headquarters [email protected] or via fax provide three types of products for the Services, 1155 Defense Pentagon, to (202) 395–6974. Commenters should education community: (1) Reader- Washington, DC 20301–1155. include the following subject line in friendly research synthesis and Written requests should contain the their response ‘‘Comment: [insert OMB evaluation reports, (2) recommendations individual’s full name, Social Security number], [insert abbreviated collection for future research, and (3) tools and Number (SSN), date of birth, and name, e.g., ‘‘Upward Bound instruments for use by schools, districts current address and telephone number. Evaluation’’]. Persons submitting and states in evaluating online courses.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56072 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Requests for copies of the information Filed Date: 09/21/2007. Docket Numbers: ER07–1330–001. collection submission for OMB review Accession Number: 20070921–5087. Applicants: Twin Cities Hydro LLC. may be accessed from http:// Comment Date: 5 p.m. Eastern Time Description: Twin Cities Hydro, LLC edicsweb.ed.gov, by selecting the on Friday, October 12, 2007. submits revisions to its proposed ‘‘Browse Pending Collections’’ link and Docket Numbers: EG07–86–000. market-based rate tariff, Original Sheet 1 by clicking on link number 3410. When Applicants: Sagebrush Power and 2 to FERC Electric Tariff Original you access the information collection, Partners, LLC. Volume 1. click on ‘‘Download Attachments’’ to Description: Sagebrush Power Filed Date: 09/19/2007. view. Written requests for information Partners, LLC Notice of Self- Accession Number: 20070921–0015. should be addressed to U.S. Department Certification of Exempt Wholesale Comment Date: 5 p.m. Eastern Time of Education, 400 Maryland Avenue, Generator Status. on Tuesday, October 2, 2007. SW., Potomac Center, 9th Floor, Filed Date: 09/21/2007. Docket Numbers: ER07–1389–000. Washington, DC 20202–4700. Requests Accession Number: 20070921–5094. Applicants: Pypha Energy LLC. may also be electronically mailed to Comment Date: 5 p.m. Eastern Time Description: Pypha Energy, LLC [email protected] or faxed to 202– on Friday, October 12, 2007. submits Original Sheet 1 et al to FERC 245–6623. Please specify the complete Take notice that the Commission Electric Tariff, Original Volume 1. title of the information collection when received the following electric rate Filed Date: 09/21/2007. making your request. filings: Accession Number: 20070921–0014. Comments regarding burden and/or Docket Numbers: ER00–1737–009; Comment Date: 5 p.m. Eastern Time the collection activity requirements ER96–2869–011; ER97–30–004; ER99– on Friday, October 12, 2007. should be electronically mailed to 1695–008; ER00–3621–007; ER01–468– Docket Numbers: ER07–1390–000. [email protected]. Individuals who 006; ER05–34–003; ER05–35–003; Applicants: E.ON U.S., LLC. use a telecommunications device for the ER05–36–003; ER05–37–003; ER04– Description: Louisville Gas and deaf (TDD) may call the Federal 318–002; ER04–249–003; ER02–23–009. Electric Co and Kentucky Utilities Information Relay Service (FIRS) at 1– Applicants: Virginia Electric and Company submits a revised unexecuted 800–877–8339. Power Company; State Line Energy, Service Agreement for Network [FR Doc. E7–19435 Filed 10–1–07; 8:45 am] L.L.C.; Kincaid Generation, L.L.C.; Integration Transmission Service with BILLING CODE 4000–01–P Elwood Energy, LLC; Dominion Nuclear East Kentucky Power Coop. Connecticut, Inc.; Dominion Energy Filed Date: 09/20/2007. Marketing, Inc.; Dominion Energy New Accession Number: 20070921–0001. DEPARTMENT OF ENERGY England, Inc.; Dominion Energy Salem Comment Date: 5 p.m. Eastern Time Harbor, LLC; Dominion Energy Brayton on Thursday, October 11, 2007. Federal Energy Regulatory Point, LLC; Dominion Energy Take notice that the Commission Commission Manchester Street, Inc.; Dominion received the following electric securities Energy Kewaunee, Inc.; Dominion filings: Combined Notice of Filings Retail, Inc.; Fairless Energy, LLC. Docket Numbers: ES07–54–002. Description: Notice of Non-Material September 25, 2007. Applicants: Electric Transmission Change in Status under Order No. 652 Take notice that the Commission Texas, LLC. of Virginia Electric and Power Company received the following exempt Description: Electric Transmission and Dominion Entities. wholesale generator filings: Texas, LLC submits a complete copy of Filed Date: 09/21/2007. the financial information under ES07– Docket Numbers: EG07–83–000. Accession Number: 20070921–5065. Applicants: Smoky Hills Wind Farm, 54. Comment Date: 5 p.m. Eastern Time Filed Date: 09/19/2007. LLC. on Friday, October 12, 2007. Description: Notice of Self- Accession Number: 20070921–0028. Certification of Exempt Wholesale Docket Numbers: ER07–539–002; Comment Date: 5 p.m. Eastern Time Generator of Smoky Hills Wind Farm, ER07–540–002. on Wednesday, October 10, 2007. LLC. Applicants: Niagara Mohawk Power Take notice that the Commission Filed Date: 09/19/2007. Corporation. received the following electric securities Accession Number: 20070919–5098. Description: Niagara Mohawk Power filings: Corp dba National Grid submits a Comment Date: 5 p.m. Eastern Time Docket Numbers: ES07–63–000. second amendment to its 2/14/07 on Wednesday, October 10, 2007. Applicants: ITC Midwest LLC. filings. Docket Numbers: EG07–84–000. Description: Form 523—Request for Applicants: Cloud County Wind Filed Date: 09/19/2007. Accession Number: 20070920–0114. Permission To Issue Securities of ITC Farm, LLC. Midwest LLC. Description: Cloud County Wind Comment Date: 5 p.m. Eastern Time on Wednesday, October 10, 2007. Filed Date: 09/18/2007. Farm LLC Notice of Self-Certification of Accession Number: 20070918–5058. Docket Numbers: ER07–1306–001. Exempt Wholesale Generator (EWG) Comment Date: 5 p.m. Eastern Time Applicants: NedPower Mount Storm, Status. on Tuesday, October 9, 2007. Filed Date: 09/21/2007. LLC. Accession Number: 20070921–5075. Description: NedPower Mount Storm, Take notice that the Commission Comment Date: 5 p.m. Eastern Time LLC submits an amendment to its received the following foreign utility on Friday, October 12, 2007. application for order accepting Original company status filings: Docket Numbers: EG07–85–000. Sheet 1 et al to FERC Electric Tariff, Docket Numbers: FC07–54–000; Applicants: Pioneer Prairie Wind Original Volume 1. FC07–55–000; FC07–56–000; FC07–57– Farm I, LLC. Filed Date: 09/19/2007. 000; FC07–58–000; FC07–59–000. Description: Pioneer Prairie Wind Accession Number: 20070921–0016. Applicants: Enbridge Gas New Farm I, LLC Notice of Self-Certification Comment Date: 5 p.m. Eastern Time Brunswick Inc.; Enbridge Wind Power of Exempt Wholesale Generator Status. on Wednesday, October 10, 2007. Inc.; Gazifere Inc.; Inuvik Gas Ltd.;
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56073
NRGreen Power Limited Partnership; must create and validate an 12 members representing academia, Wirebury Connections Inc. eRegistration account using the environmental non-governmental Description: Notice of Self- eRegistration link. Select the eFiling organizations, and private industry. The Certification of Foreign Utility Company link to log on and submit the GAC consists of 12 members Status of Enbridge Gas New Brunswick intervention or protests. representing state, local, and tribal Inc., et al. Persons unable to file electronically governments. The Committees are Filed Date: 09/19/2007. should submit an original and 14 copies responsible for providing advice to the Accession Number: 20070919–5103. of the intervention or protest to the U.S. Representative on a wide range of Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Commission, strategic, scientific, technological, on Wednesday, October 10, 2007. 888 First St., NE., Washington, DC regulatory, and economic issues related Take notice that the Commission 20426. to implementation and further received the following open access The filings in the above proceedings elaboration of the NAAEC. The purpose transmission tariff filings: are accessible in the Commission’s of the meeting is to review the CEC’s Docket Numbers: OA07–116–000. eLibrary system by clicking on the Draft Operational Plan and Budget. A Applicants: American Transmission appropriate link in the above list. They copy of the agenda for the meeting will Systems, Inc. are also available for review in the be posted at http://www.epa.gov/ocem/ Description: FPA Section 206 Filing Commission’s Public Reference Room in nacgac-page.htm. With Non-Rate Terms and Conditions Washington, DC. DATES: The National and Governmental for American Transmission System, Inc. There is an eSubscription link on the Web site that enables subscribers to Advisory Committees will hold a two- OATT. day open meeting on Wednesday, Filed Date: 09/20/2007. receive e-mail notification when a October 17, from 8:30 a.m. to 5 p.m. and Accession Number: 20070920–5017. document is added to a subscribed Comment Date: 5 p.m. Eastern Time dockets(s). For assistance with any Thursday, October 18, from 8:30 a.m. to on Thursday, October 11, 2007. FERC Online service, please e-mail 2 p.m. Take notice that the Commission [email protected]. or call ADDRESSES: The meeting will be held at received the following public utility (866) 208–3676 (toll free). For TTY, call the U.S. EPA SAB Conference Center, holding company filings: (202) 502–8659. located in the Woodies Building, 1025 Docket Numbers: PH07–28–000. Nathaniel J. Davis, Sr., F Street, NW., Suite 3700, Washington, Applicants: Airtricity Holdings Ltd. Acting Deputy Secretary. DC 20004. The meeting is open to the Description: FERC Form 65 A— [FR Doc. E7–19387 Filed 10–1–07; 8:45 am] public, with limited seating on a first- come, first-served basis. If you plan to Exemption Notification of Airtricity. BILLING CODE 6717–01–P Holdings Ltd. on Behalf of Itself and Its attend, please register with Lois Holding Company Subsidiaries. Williams by no later than October 9th by calling 202–564–2294 or via e-mail at Filed Date: 09/20/2007. ENVIRONMENTAL PROTECTION Accession Number: 20070920–5020. [email protected]. Please provide AGENCY Comment Date: 5 p.m. Eastern Time Ms. Williams with your name, the name on Thursday, October 11, 2007. [FRL–8476–4] of your organization and your address. Any person desiring to intervene or to FOR FURTHER INFORMATION CONTACT: protest in any of the above proceedings National and Governmental Advisory Committees to the U.S. Representative Oscar Carrillo, Designated Federal must file in accordance with Rules 211 Officer, [email protected], 202– and 214 of the Commission’s Rules of to the Commission for Environmental Cooperation 564–0347, U.S. EPA, Office of Practice and Procedure (18 CFR 385.211 Cooperative Environmental and 385.214) on or before 5 p.m. Eastern AGENCY: Environmental Protection Management (1601–M), 1200 time on the specified comment date. It Agency (EPA). Pennsylvania Avenue, NW., is not necessary to separately intervene ACTION: Notice of meeting. Washington, DC 20460. again in a subdocket related to a compliance filing if you have previously SUMMARY: Under the Federal Advisory SUPPLEMENTARY INFORMATION: Requests intervened in the same docket. Protests Committee Act, Public Law 92463, EPA to make oral comments or provide will be considered by the Commission gives notice of a meeting of the National written comments to the Committees in determining the appropriate action to Advisory Committee (NAC) and should be sent to Oscar Carrillo, be taken, but will not serve to make Governmental Advisory Committee Designated Federal Officer, at the protestants parties to the proceeding. (GAC) to the U.S. Representative to the contact information above. Anyone filing a motion to intervene or North American Commission for Meeting Access: For information on protest must serve a copy of that Environmental Cooperation (CEC). The access or services for individuals with document on the Applicant. In reference National and Governmental Advisory disabilities, please contact Oscar to filings initiating a new proceeding, Committees advise the EPA Carrillo at 202–564–0347 or interventions or protests submitted on Administrator in his capacity as the U.S. [email protected]. To request or before the comment deadline need Representative to the CEC Council. The accommodation of a disability, please not be served on persons other than the Committees are authorized under contact Oscar Carrillo, preferably at Applicant. Articles 17 and 18 of the North least 10 days prior to the meeting, to The Commission encourages American Agreement on Environmental give EPA as much time as possible to electronic submission of protests and Cooperation (NAAEC), North American process your request. interventions in lieu of paper, using the Free Trade Agreement Implementation FERC Online links at http:// Act, P.L. 103–182, and as directed by Dated: September 19, 2007. www.ferc.gov. To facilitate electronic Executive Order 12915, entitled Oscar Carrillo, service, persons with Internet access ‘‘Federal Implementation of the North Designated Federal Officer. who will eFile a document and/or be American Agreement on Environmental [FR Doc. E7–19416 Filed 10–1–07; 8:45 am] listed as a contact for an intervenor Cooperation.’’ The NAC is composed of BILLING CODE 6560–50–P
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56074 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
EXPORT-IMPORT BANK OF THE Biennial Regulatory Review— Secretary for Resources and Technology UNITED STATES Amendment of Parts 1, 22, 24, 27 and (ASRT), and HHS Operating Division 90 to Streamline and Harmonize (OPDIV) Heads in their budgetary Sunshine Act Meeting Various Rules Affecting Wireless Radio management of the Department’s Services (WT Docket No. 03–264). principal discretionary programs, ACTION: Notice of partially open Former Nextel Communications, Inc., including science and health services meeting of the Board of Directors of the Upper 700 MHz Guard Band Licenses programs administered by the Public Export-Import Bank of the United and Revisions to Part 27 of the Health Service components; and social States. Commission’s Rules (WT Docket No. service programs of the Administration TIME AND PLACE: Thursday, October 4, 06–169). for Children and Families and the 2007 at 9:30 a.m. The meeting will be Implementing a Nationwide, Administration on Aging. held at Ex-Im Bank in Room 1143, 811 Broadband, Interoperable Public Safety b. Reviews budgets and related Vermont Avenue, NW., Washington, DC Network in the 700 MHz Band (PS requests for resources, and analyzes 20571. Docket No. 06–229). plans and proposals for new or OPEN AGENDA ITEM: Medium-Term Development of Operational, alternative legislation. Delegated Authority Program (MTDAP). Technical and Spectrum Requirements c. Analyzes proposed regulations, PUBLIC PARTICIPATION: The meeting will for Meeting Federal, State and Local reorganizations, or program initiatives be open to public participation for Item Public Safety Communications to determine their policy, resource and No. 1 only. Requirements through the Year 2010 management implications. (WT Docket No. 96–86). d. Proposes recommendations on draft FOR FURTHER INFORMATION CONTACT: For Declaratory Ruling on Reporting regulations, proposed legislation and further information, contact: Office of reorganization proposals. the Secretary, 811 Vermont Avenue, Requirement under Commission’s Part 1 Anti-Collusion Rule (WT Docket No. e. Proposes budget options and policy NW., Washington, DC 20571 (Telephone initiatives as necessary to achieve 202–565–3957). 07–166). Implementation of the Commercial program objectives established by the Howard A. Schweitzer Spectrum Enhancement Act and Secretary. General Counsel Modernization of the Commission’s f. Assists in the development of strategies for the presentation of the [FR Doc. 07–4892 Filed 9–28–07; 1:17 pm] Competitive Bidding Rules and budget to the Office of Management and BILLING CODE 6690–01–M Procedures (WT Docket No. 05–211) . Number of Petitions Filed: 10. Budget (OMB) and the Congress, and develops materials for key Departmental William F. Caton, officials who testify at hearings before FEDERAL COMMUNICATIONS Deputy Secretary. these bodies. COMMISSION [FR Doc. E7–19444 Filed 10–1–07; 8:45 am] g. Provides guidance to OPDIVs in the [Report No. 2833] BILLING CODE 6712–01–P formulation of their budgets. h. Conducts special reviews and Petitions for Reconsideration and analyses to examine assigned OPDIV Clarification of Action in Rulemaking program operations and management DEPARTMENT OF HEALTH AND Proceeding effectiveness. HUMAN SERVICES i. Assists in the development of September 27, 2007. Office of the Secretary performance plans, reports, and Petitions for Reconsideration have program assessments under the been filed in the Commission’s Office of Resources and Technology; Government Performance and Results Rulemaking proceeding listed in this Statement of Organization, Functions, Act. Public Notice and published pursuant to and Delegations of Authority j. Assists in the presentation of the 47 CFR 1.429(e). The full text of these Department’s budget to the public by documents is available for viewing and Part A, Office of the Secretary, developing material for use of copying in Room CY–B402, 445 12th Statement of Organization, Functions Departmental officials, and reviews Street, SW., Washington, DC or may be and Delegations of Authority for the press statements and other public purchased from the Commission’s copy Department of Health and Human documents for consistency with contractor, Best Copy and Printing, Inc. Services (HHS) is being amended as approved budgets and plans. (BCPI) (1–800–378–3160). Oppositions Chapter AM, Office of Resources and k. Assists in the presentation of the to these petitions must be filed by Technology, as last amended 68 FR Department’s budget to the public by October 17, 2007. See section 1.4(b)(1) 11555–62, dated March 11, 2003; and developing materials for use by of the Commission’s rules (47 CFR most recently at 72 FR 2282–83, dated Departmental officials, and reviews 1.4(b)(1). Replies to oppositions must be January 18, 2007. The reorganization press statements and other public filed within 10 days after the time for will even out the management documents for consistency with filing oppositions have expired. responsibilities within the office. The approved budgets and plans. Subject: In the Matter of Service Rules changes are as follows: l. reviews and analyzes the budgets of for the 698–746, 747–762 and 777–792 I. Under Chapter AM, Section AML.20 the Staff Divisions (STAFFDIVS) funded MHz Bands (WT Docket No. 06–150). Functions, Paragraph 1, ‘‘Division of by the General Departmental Revision of the Commission’s Rules to Discretionary Programs (AML1)’’ delete Management (GDM), Office of Inspector Ensure Compatibility with Enhanced in its entirety and replace with the General (OIG) and Office for Civil Rights 911 Emergency Calling Systems (CC following: (OCR) appropriations. Prepares special Docket No. 94–102). 1. Division of Discretionary Programs analyses of these budgets for use in Section 68.4(a) of the Commission’s (AML1): The Division of Discretionary decision-making, particularly for Rules Governing Hearing Aid- Programs: evaluating capacity and determining if Compatible Telephones (WT Docket No. a. Provides analytical services and alternative approaches are feasible. 01–309). assistance to the Secretary, the Assistant Monitors Congressional appropriations
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56075
hearings in which the GDM intelligence and analyses of budget implement the development and STAFFDIVS, OIG and OCR are decisions to senior HHS staff and the implementation of performance participants. OPDIVs. measures and budget-related m. Works closely with OASAM in h. Coordinates preparation of performance planning policies, planning and formulating the GDM guidelines governing reprogrammings, requirements and processes. Manages budget justification for presentation to transfers between accounts, and other program performance assessment the Secretary, OMB and the Congress. crosscutting funding methods; provides activities. n. Provides staff assistance to the recommendations and staff support in r. Provides special management Secretary, the ASRT, the Service and managing and processing crosscutting review services for selected activities. Supply Funds (SSF) Board of Directors, funding proposals. OPDIV Budget Officers and STAFFDIV i. Analyzes and prepares reports on Dated: September 18, 2007. Heads in the budgetary and financial HHS performance in managing Full Joe W. Ellis, management of the SSF. Time Equivalent (FTE) levels and in Assistant Secretary for Administration and o. Provides for budget policy implementing FTE policy, and provides Management. management and financial integrity of expert advice on Department-wide [FR Doc. 07–4859 Filed 10–1–07; 8:45 am] the SSF in the provision of staffing. BILLING CODE 4150–04–M Departmental common sue j. Provides leadership and direction in administrative services. the Department-wide review, analysis p. Assists in the planning and and appraisal of financial elements of DEPARTMENT OF HEALTH AND preparation of the SSF budget for program execution and the development HUMAN SERVICES presentation to the SSF Board, the OMB, and execution of policies related to and Congress. efficient allocation, expenditure and Centers for Disease Control and q. Prepares apportionment requests control of funds. Prevention for the SSF. k. Coordinates and tracks outlay II. Under Chapter AM, Section projections: (1) To assist OMB in the Disease, Disability, and Injury AML.20 Functions, Paragraph 3, continuing effort to monitor spending Prevention and Control Special ‘‘Division of Budget Policy, Execution and to thereby improve the management Emphasis Panel (SEP): Portfolio and Review (AML4),’’ delete in its of the Government’s overall cash and Review for Child Development Studies entirety and replace with the following: debt operations; and (2) in support of Team 3. Division of Budget Policy, formulation of the budget, including the Execution and Review (AML4). The maintenance of HHS ceiling controls In accordance with Section 10(a)(2) of Division of Budget Policy, Execution and the development of outlay estimates the Federal Advisory Committee Act and Review (DBPER): shown in the President’s Budget for (Pub. L. 92–463), the Centers for Disease a. Directs the formulation and controllable program. Control and Prevention (CDC) presentation of the HHS budget by l. Promulgates Departmental spending announces the following meeting of the developing and promulgating to the policies, especially in the events of aforementioned SEP: OPDIVs and others the policies, Continuing Resolutions and possible Time and Date: 8:30 a.m.—4 p.m., procedures, guidance, and schedules for suspension of operations due to the November 2, 2007 (Closed). preparing budget submissions. failure of the Congress to enact Place: 12 Executive Park Drive, Conference b. Coordinates the presentation of the appropriations on time, and works with Room 5071, Atlanta, GA 30329, telephone Department’s budget and performance agency budget officers and the OMB in 404–498–3091. plan to Congress, including preparation formulating agency funding plans. Status: The meeting will be closed to the and submission of justifications, reports, m. Maintains a system of Department- public in accordance with provisions set significant items, and crosscutting wide budget execution, including the forth in Section 552b(c)(4) and (6), Title 5 materials; preparation of the Secretary’s management and control of the U.S.C., and the Determination of the Director, testimony before the Appropriations Management Analysis and Services Office, apportionment of funds in accordance CDC, pursuant to Public Law 92–463. Committees; and coordination of with the requirements of the Anti- Matters To Be Discussed: The meeting will transcripts, questions for the record, and Deficiency Act and OMB regulations; include the review, discussion, and other hearing materials. and requests and monitors the receipt of evaluation of ‘‘Portfolio Review for Child c. Provides advice and analysis to Treasury warrants. Development Studies Team.’’ support Department-wide budget n. Serves as principal staff advisor to Contact Person for More Information: Scott decision-making. the ASRT on all matters involving Campbell, BSN, MSPH, Designated Federal d. Maintains active communication budget execution. Officer, Centers for Disease Control and with Department budget officers with o. Acts as liaison on behalf of HHS Prevention, 1600 Clifton Road, NE., Mailstop regard to budget events and activities with OMB, the Treasury Department, E87, Atlanta, GA 30333, Telephone 404–498– with OMB, GAO, Congress and other the Congressional Budget Office, and 4026. parties. other agencies on matters involving The Director, Management Analysis and e. Manages a computerized budget budget execution. Services Office, has been delegated the information system reflecting data on a p. Responsible for the development authority to sign Federal Register notices pertaining to announcements of meetings and HHS-wide basis and coordinates OPDIV and maintenance of a system of other committee management activities, for input into the system. financial information which involves both CDC and the Agency for Toxic f. Provides direct staff support to the the collection, organization, and Substances and Disease Registry. Secretary in preparation for maintenance of financial data in appropriation hearings and other electronic form as well as the Elaine L. Baker, budget-related presentations and development of reporting mechanisms Acting Director, Management Analysis and briefings. for making the financial information Services Office, Centers for Disease Control g. Actively communicates with the useful and available for decisionmaking. and Prevention. Budget and Appropriations Committees q. Represents the Department in [FR Doc. E7–19392 Filed 10–1–07; 8:45 am] in the Congress and provides government-wide activities to BILLING CODE 4163–18–P
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56076 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Prevention and the Agency for Toxic HUMAN SERVICES HUMAN SERVICES Substances and Disease Registry. Dated: September 26, 2007. Centers for Disease Control and Centers for Disease Control and Elaine L. Baker, Prevention Prevention Acting Director, Management Analysis and Board of Scientific Counselors, Services Office, Centers for Disease Control Advisory Committee on Immunization and Prevention. Practices Coordinating Center for Infectious Diseases (CCID) [FR Doc. E7–19403 Filed 10–1–07; 8:45 am] In accordance with section 10(a)(2) of BILLING CODE 4163–18–P the Federal Advisory Committee Act In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463), the Centers for Disease DEPARTMENT OF HEALTH AND (Pub. L. 92–463), the Centers for Disease Control and Prevention (CDC), HUMAN SERVICES announces the following meeting of the Control and Prevention (CDC) aforementioned committee: announces the following meeting of the Food and Drug Administration Times and Dates: 8 a.m.–6 p.m., October aforementioned committee. 24, 2007; 8 a.m.–5 p.m., October 25, 2007 Times and Dates: 9 a.m.–5 p.m., October [Docket No. 2007N–0014] Place: CDC, Tom Harkin Global 31, 2007; 8:30 a.m.–3:30 p.m., November 1, Communications Center, 1600 Clifton Road, 2007 Agency Information Collection NE., Building 19, Kent ‘‘Oz’’ Nelson Place: CDC, Building 19, 1600 Clifton Activities; Announcement of Office of Auditorium, Atlanta, Georgia 30333. Road, NE., Atlanta, Georgia 30333. Management and Budget Approval; Status: Open to the public, limited only by Status: Open to the public, limited only by the space available. Submission of Petitions: Food the space available. Additive, Color Additive (Including Purpose: The committee is charged with Purpose: The Board of Scientific Labeling), and Generally Recognized advising the Director, CDC, on the Counselors, Coordinating Center for appropriate uses of immunizing agents. In Infectious Diseases (CCID), provides advice as Safe Affirmation; Electronic addition, under 42 U.S.C. 1396s, the and guidance to the Director, CDC, and Submission Using Food and Drug committee is mandated to establish and Director, CCID, in the following areas: Administration Forms 3503 and 3504 program goals and objectives, strategies, periodically review and, as appropriate, program organization and resources for AGENCY: Food and Drug Administration, revise the list of vaccines for administration infectious disease prevention and control, to vaccine-eligible children through the HHS. and program priorities. Vaccines for Children (VFC) program, along ACTION: Notice. Matters To Be Discussed: Agenda items with schedules regarding the appropriate will include: periodicity, dosage, and contraindications SUMMARY: The Food and Drug 1. Breakout Group Discussions: Administration (FDA) is announcing applicable to the vaccines. A. Laboratory Preparedness and Matters To Be Discussed: The agenda will Sustainability, National Center for that a collection of information entitled include discussions on Influenza Vaccines; Prevention, Detection, and Control of ‘‘Submission of Petitions: Food Meningococcal Conjugate Vaccine; Infectious Diseases. Additive, Color Additive (Including Childhood and Adolescent Immunization B. Influenza Diagnostics Program, National Labeling), and Generally Recognized as Schedule—2007; Immunization Schedule for Center for Immunization, and Respiratory Safe Affirmation; Electronic Submission HIV-Infected Adults; Pediatric Use of Diseases (NCIRD). Using Food and Drug Administration Pneumococcal Vaccines; Updates on C. Immunization Assessment and Forms 3503 and 3504’’ has been Combination Vaccines, Vaccine Supply and Coverage, NCIRD. approved by the Office of Management Hepatitis B Vaccine; Immunization Safety D. Strategic Surveillance, National Center and Budget (OMB) under the Paperwork Office; HPV Vaccines; Rotavirus Vaccine; and for HIV/AIDS, Viral Hepatitis, STD, and TB departmental updates. There may be possible Prevention. Reduction Act of 1995. VFC voting on the Influenza and E. Infectious Disease Ecology, National FOR FURTHER INFORMATION CONTACT: Meningococcal Vaccines. Center for Zoonotic, Vector-Borne, and Jonna Capezzuto, Office of the Chief Agenda items are subject to change as Enteric Diseases. Information Officer (HFA–250), Food priorities dictate. 2. Surveillance Systems. and Drug Administration, 5600 Fishers Contact Person for More Information: 3. CCID Updates. Lane, Rockville, MD 20857, 301–827– 4. Budget Updates. Tonica Gleaton, Immunization Services 4659. Division, National Center for Immunization Other agenda items include and Respiratory Diseases, CDC, 1600 Clifton announcements and introductions, follow-up SUPPLEMENTARY INFORMATION: In the Road, NE., (E–05), Atlanta, Georgia 30333, on actions recommended by the Board from Federal Register of April 25, 2007 (72 Telephone (404) 639–8836, Fax (404) 639– March 2007, consideration of future FR 20553), the agency announced that 8905. directions, goals, and recommendations. the proposed information collection had The Director, Management Analysis and Agenda items are subject to change as priorities dictate. been submitted to OMB for review and Services Office, has been delegated the Written comments are welcome and should clearance under 44 U.S.C. 3507. An authority to sign Federal Register notices be received by the contact person listed agency may not conduct or sponsor, and pertaining to announcements of meetings and below prior to the opening of the meeting. a person is not required to respond to, other committee management activities for Contact Person for More Information: a collection of information unless it both the CDC and the Agency for Toxic Harriette Lynch, Office of the Director, NCID, Substance and Disease Registry. displays a currently valid OMB control CDC, Mailstop A–45, 1600 Clifton Road, NE., number. OMB has now approved the Dated: September 26, 2007. Atlanta, Georgia 30333, e-mail: information collection and has assigned Elaine L. Baker, [email protected], telephone 404/639–4035. OMB control number 0910–0016. The The Director, Management Analysis and Acting Director, Management Analysis and Services Office has been delegated the approval expires on August 31, 2010. A Services Office, Centers for Disease Control authority to sign Federal Register notices copy of the supporting statement for this and Prevention. pertaining to announcements of meetings and information collection is available on [FR Doc. E7–19393 Filed 10–1–07; 8:45 am] other committee management activities, for the Internet at http://www.fda.gov/ BILLING CODE 4160–18–P both the Centers for Disease Control and ohrms/dockets.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56077
Dated: September 26, 2007. proposed collection of information device user fee provisions of the act. Jeffrey Shuren, under section 3507(j) of the PRA, (44 The 2007Amendments will provide a Assistant Commissioner for Policy. U.S.C. 3507 (j) and 5 CFR 1320.13). The new way for a foreign business to [FR Doc. E7–19350 Filed 10–1–07; 8:45 am] Medical Device User Fee and qualify as a ‘‘small business’’ eligible to BILLING CODE 4160–01–S Modernization Act of 2002 (MDUFMA) pay a significantly-lower fee when a (Public Law 107–250), which expires medical device user fee must be paid. September 30, 2007, amended section Under existing law, the only way a DEPARTMENT OF HEALTH AND 738 of the Federal Food, Drug, and business could qualify as a ‘‘small HUMAN SERVICES Cosmetic Act (the act) (21 U. S.C. 379j) business’’ was to submit a Federal (U.S.) to provide FDA with new income tax return showing its gross Food and Drug Administration responsibilities and resources to keep receipts or sales that did not exceed a [Docket No. 2007N–0359] up with the rapidly growing device statutory threshold, currently, $100 industry and changing medical device million. If a business could not provide Agency Emergency Processing Under technology. Congress recently passed an a Federal income tax return, it did not OMB Review; Medical Device User Fee omnibus FDA bill that includes the qualify as a small business and had to Amendments of 2007; Foreign Small ‘‘Medical Device User Fee Amendments pay the standard (full) fee. Since many Business Qualification Certification of 2007,’’ (the 2007 Amendments), foreign businesses have not, and cannot, Form FDA 3602A which will reauthorize medical device filed a Federal (U.S.) income tax return, user fees for fiscal years 2008 through this requirement has effectively AGENCY: Food and Drug Administration, 2012 and will make significant changes HHS. prevented those businesses from to the medical device user fee qualifying for the small business fee ACTION: Notice. provisions of the act. The 2007 rates. Thus, foreign governments, SUMMARY: The Food and Drug Amendments will provide a new way including the European Union, have Administration (FDA) is announcing for a foreign business to qualify as a objected. ‘‘small business’’ eligible to pay a that a proposed collection of In lieu of a Federal income tax return, significantly-lower fee when a medical information has been submitted to the the 2007 Amendments will allow a device user fee must be paid. The user Office of Management and Budget foreign business to qualify as a ‘‘small fee provisions of the 2007 Amendments (OMB) for emergency processing under business’’ by submitting a certification provide for an October 1, 2007, effective the Paperwork Reduction Act of 1995 form, from its ‘‘national taxing date, and FDA expects foreign (the PRA). The proposed collection of authority,’’ the foreign equivalent of our businesses will want to request small information concerns a new FDA Internal Revenue Service. This business status immediately upon foreign small business qualification certification, referred to as a ‘‘National certification form that will allow a enactment. With respect to the following Taxing Authority Certification’’ must: foreign business to qualify as a ‘‘small • collection of information, FDA invites Be in English; business’’ and pay certain medical • device user fees at reduced rates. comments on these topics: (1) Whether Be from the national taxing the proposed collection of information authority of the country in which the DATES: Fax written comments on the is necessary for the proper performance business is headquartered; collection of information by October 5, of FDA’s functions, including whether • 2007. Provide the business’s gross receipts the information will have practical or sales for the most recent year, in both ADDRESSES: To ensure that comments on utility; (2) the accuracy of FDA’s the information collection are received, the local currency and in United States estimate of the burden of the proposed dollars, and the exchange rate used in OMB recommends that written collection of information, including the comments be faxed to the Office of converting local currency to U.S. validity of the methodology and Information and Regulatory Affairs, dollars; assumptions used; (3) ways to enhance • OMB, Attn: FDA Desk Officer, FAX: Provide the dates during which the the quality, utility, and clarity of the 202–395–6974, or e-mail to reported receipts or sales were information to be collected; and (4) [email protected]. All comments collected; and ways to minimize the burden of the should be identified with the OMB • Bear the official seal of the national collection of information on Control Number 0910–NEW and the taxing authority. respondents, including through the use title ‘‘Medical Device User Fee of automated collection techniques, The new FDA Form 3602A, ‘‘ FY 2008 Amendments of 2007; Foreign Small when appropriate, and other forms of MDUFMA Foreign Small Business Business Qualification Certification, information technology. Qualification Certification,’’ will collect Form FDA 3602A; (21 U.S.C. 379j); the information required by the statute Emergency Request.’’ Also include the Medical Device User Fee Amendments and will allow a foreign business to FDA docket number found in brackets of 2007; Foreign Small Business qualify for the same small business in the heading of this document. Qualification Certification, Form FDA benefits as a domestic U.S. small FOR FURTHER INFORMATION CONTACT: 3602A; (21 U.S.C.379j); Emergency business. The user fee provisions of Denver Presley, Jr., Office of the Chief Request 2007 Amendments provide for an Information Officer (HFA–250), Food Congress recently passed an omnibus October 1, 2007, effective date, and FDA and Drug Administration, 5600 Fishers FDA bill that includes the 2007 expects foreign businesses will want to Lane, Rockville, MD 20857, 301–827– Amendments, which will reauthorize request small business status 1472. medical device user fees for fiscal years immediately upon enactment. SUPPLEMENTARY INFORMATION: FDA is 2008 through 2012 and will makes FDA estimates the burden of this requesting emergency processing of this significant changes to the medical collection of information as follows:
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56078 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1
No. of Annual Frequency per Total Annual Hours per FDA Form 3602A Respondents Response Responses Response Total Hours
Sections I and II (completed by the busi- ness seeking ‘‘small business’’ status) 229 1 229 1 229
Section III (completed by the foreign na- tional taxing authority) 33 7 229 1 229
Total Burden 458 1There are no capital costs or operating and maintenance costs associated with this collection of information.
This burden estimate is based on an (FDA). The meeting will be open to the National Antimicrobial Resistance examination of 510(k) premarket public. Monitoring System (NARMS) Program notifications received during FY 2006 Name of Committee: Science Board to and activities related to melamine from and FDA’s estimation of the time the Food and Drug Administration the March 31, 2006, and June 14, 2007, required to collect the required (Science Board). Science Board meetings. The Science information to complete the form. The General Function of the Committee: Board will then hear about and discuss evidence supporting each 3602A must The Board shall provide advice the subcommittee review of the agency’s be reviewed by a foreign national taxing primarily to the Commissioner and science programs. The Science Board authority to complete Section III, the other appropriate officials on specific will also hear about and discuss the National Taxing Authority Certification, complex and technical issues as well as agency’s updates on drug safety.FDA of each 3602A. Because this is a new emerging issues within the scientific intends to make background material community in industry and academia. activity, and neither FDA nor any available to the public no later than 2 Additionally, the Board will provide foreign national taxing authority has any business days before the meeting. If advice to the agency on keeping pace data that would provide an objective FDA is unable to post the background with technical and scientific evolutions measure of the effort required to material on its Web site prior to the complete Section III, FDA is estimating in the fields of regulatory science, on formulating an appropriate research meeting, the background material will that the burden will be the same as FDA be made publicly available at the experiences in reviewing the Form FDA agenda, and on upgrading it’s scientific and research facilities to keep pace with location of the advisory committee 3602, approved under OMB control meeting, and the background material number 0910–0508. these changes. It will also provide the means for critical review of agency- will be posted on FDA’s Web site after FDA believes most entities that sponsored intramural and extramural the meeting. Background material is submit a Form FDA 3602A will not have scientific research programs. available at http://www.fda.gov/ohrms/ any affiliates, and very few will have Date and Time: The meeting will be dockets/ac/acmenu.htm, click on the more than three or four affiliates. Based held on October 30, 2007, from 8 a.m. year 2007 and scroll down to the on our experience with Form FDA 3602, to 5:30 p.m. appropriate advisory committee link. FDA believes each business will require Location: Washington DC North/ 1 hour to complete Sections I and II. Procedure: Interested persons may Gaithersburg Hilton, 620 Perry Pkwy., present data, information, or views, Because this is a new requirement, FDA Gaithersburg, MD 20877, Salons A, B, does not have any data on the time that orally or in writing, on issues pending and C. before the committee. Written will be required to complete Section III, Contact Person: Carlos Pen˜ a, Office of submissions may be made to the contact the National Taxing Authority the Commissioner, Food and Drug Certification. Administration (HF–33), 5600 Fishers person on or before October 15, 2007. Oral presentations from the public will Dated: September 26, 2007. Lane, Rockville, MD 20857, 301–827– 6687, carlos.Pen˜ [email protected], or FDA be scheduled between approximately 4 Jeffrey Shuren, p.m. and 5 p.m. Those desiring to make Assistant Commissioner for Policy. Advisory Committee Information Line, 1–800–741–8138 (301–443–0572 in the formal oral presentations should notify [FR Doc. E7–19411 Filed 10–1–07; 8:45 am] Washington, DC area), code the contact person and submit a brief BILLING CODE 4160–01–S 3014512603. Please call the Information statement of the general nature of the Line for up-to-date information on this evidence or arguments they wish to meeting. A notice in the Federal present, the names and addresses of DEPARTMENT OF HEALTH AND proposed participants, and an HUMAN SERVICES Register about last minute modifications that impact a previously announced indication of the approximate time Food and Drug Administration advisory committee meeting cannot requested to make their presentation on always be published quickly enough to or before October 5, 2007. Time allotted Science Board to the Food and Drug provide timely notice. Therefore, you for each presentation may be limited. If Administration; Notice of Meeting should always check the agency’s Web the number of registrants requesting to site and call the appropriate advisory speak is greater than can be reasonably AGENCY: Food and Drug Administration, committee hot line/phone line to learn accommodated during the scheduled HHS. about possible modifications before open public hearing session, FDA may ACTION: Notice. coming to the meeting. conduct a lottery to determine the Agenda: The Science Board will hear speakers for the scheduled open public This notice announces a forthcoming about and discuss the agency’s critical hearing session. The contact person will meeting of a public advisory committee path program. The Science Board will notify interested persons regarding their of the Food and Drug Administration hear about and discuss updates on the request to speak by October 8, 2007.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56079
Persons attending FDA’s advisory addressed adhesive label to assist that person and does not operate to bind committee meetings are advised that the office in processing your requests. See FDA or the public. An alternative agency is not responsible for providing the SUPPLEMENTARY INFORMATION section approach may be used if such approach access to electrical outlets. for electronic access to the guidance satisfies the requirements of the FDA welcomes the attendance of the document. applicable statutes and regulations. public at its advisory committee Submit written comments to the IV. Comments meetings and will make every effort to Division of Dockets Management (HFA– accommodate persons with physical 305), Food and Drug Administration, Interested persons may, at any time, disabilities or special needs. If you 5630 Fishers Lane, rm. 1061, Rockville, submit to the Division of Dockets require special accommodations due to MD 20852. Submit electronic comments Management (see ADDRESSES) written or a disability, please contact Dr. Carlos to either http://www.fda.gov/dockets/ electronic comments regarding the Pen˜ a at least 7 days in advance of the ecomments or http:// guidance. Submit a single copy of meeting. www.regulations.gov. electronic comments or two paper FDA is committed to the orderly copies of any mailed comments, except FOR FURTHER INFORMATION CONTACT: conduct of its advisory committee that individuals may submit one paper Michelle L. Stull, Center for Veterinary meetings. Please visit our Web site at copy. Comments are to be identified Medicine (HFV–133), Food and Drug http://www.fda.gov/oc/advisory/ with the full title of the guidance and Administration, 7500 Standish Pl., default.htm for procedures on public the docket number found in brackets in Rockville, MD 20855, 301–827–5058, e- conduct during advisory committee the heading of this document. A copy of mail: [email protected]. meetings. the guidance and received comments Notice of this meeting is given under SUPPLEMENTARY INFORMATION: are available for public examination in the Federal Advisory Committee Act (5 I. Background the Division of Dockets Management U.S.C. app. 2). between 9 a.m. and 4 p.m., Monday In the Federal Register of April 14, through Friday. Dated: September 23, 2007. 2006 (71 FR 19526), FDA published a Randall W. Lutter, notice of availability of a draft guidance V. Electronic Access Deputy Commissioner for Policy. entitled ‘‘Recommended Study Design Persons with access to the Internet [FR Doc. E7–19349 Filed 10–1–07; 8:45 am] and Evaluation of Effectiveness Studies may obtain the guidance from either the BILLING CODE 4160–01–S for Swine Respiratory Disease Claims.’’ CVM home page (http://www.fda.gov/ The notice gave interested persons until cvm) or the Division of Dockets June 28, 2006, to comment on the draft Management Web site (http:// DEPARTMENT OF HEALTH AND guidance. FDA received a few www.fda.gov/ohrms/dockets/ HUMAN SERVICES comments on the draft guidance. We default.htm). considered those comments as we Food and Drug Administration finalized the guidance. The guidance, Dated: September 24, 2007. [Docket No. 2006D–0138] announced in this document, finalizes Jeffrey Shuren, the draft guidance that we announced Assistant Commissioner for Policy. Guidance for Industry: Recommended on April 14, 2006. [FR Doc. E7–19412 Filed 10–1 –07; 8:45 am] Study Design and Evaluation of The purpose of the guidance is to BILLING CODE 4160–01–S Effectiveness Studies for Swine provide the Center for Veterinary Respiratory Disease Claims; Medicine’s (CVM’s) current thinking Availability regarding the recommended design and DEPARTMENT OF THE INTERIOR evaluation of effectiveness studies for AGENCY: Food and Drug Administration, swine respiratory disease (SRD) claims. Fish and Wildlife Service HHS. This guidance identifies specific, ACTION: Notice. detailed recommendations for sponsors Endangered Species Recovery Permit Applications SUMMARY: The Food and Drug of new animal drug applications to consider when they design and write Administration (FDA) is announcing the AGENCY: Fish and Wildlife Service, protocols for SRD effectiveness studies. availability of a guidance for industry Interior. (#178) entitled ‘‘Recommended Study II. Paperwork Reduction Act of 1995 ACTION: Notice of receipt of permit Design and Evaluation of Effectiveness applications; request for comment. Studies for Swine Respiratory Disease This guidance refers to previously approved collections of information Claims.’’ This guidance provides SUMMARY: We invite the public to found in FDA regulations. These recommendations to industry relating to comment on the following applications collections of information are subject to study design and describes the criteria to conduct certain activities with review by the Office of Management and that the Center for Veterinary Medicine endangered species. (CVM) intends to use to evaluate Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– DATES: Comments on these permit effectiveness studies for swine applications must be received on or respiratory disease (SRD) claims. 3520). The collections of information in 21 CFR 514.1 have been approved under before November 1, 2007. DATES: Submit written or electronic OMB Control Number 0910–0032. ADDRESSES: Written data or comments comments on agency guidances at any should be submitted to the U.S. Fish time. III. Significance of Guidance and Wildlife Service, Endangered ADDRESSES: Submit written requests for This level 1 guidance is being issued Species Program Manager, California/ single copies of the guidance to the consistent with FDA’s good guidance Nevada Operations Office (CNO), 2800 Communications Staff (HFV–12), Center practices regulation (21 CFR 10.115). Cottage Way, Room W–2606, for Veterinary Medicine, Food and Drug The guidance represents the agency’s Sacramento, California, 95825 Administration, 7519 Standish Pl., current thinking on the topic. It does not (telephone: (916) 414–6464; fax: (916) Rockville, MD 20855. Send one self- create or confer any rights for or on any 414–6486). Please refer to the respective
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56080 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
permit number for each application captive propagate, and release to the Dated: September 26, 2007. when submitting comments. All wild) the desert pupfish (Cyprinodon Michael Fris, comments received, including names macularius) in conjunction with Acting Manager, California/Nevada and addresses, will become part of the ecological and disease control research Operations Office, Sacramento, California. official administrative record and may in Riverside County, California, for the [FR Doc. E7–19401 Filed 10–1–07; 8:45 am] be made available to the public. purpose of enhancing its survival. BILLING CODE 4310–55–P FOR FURTHER INFORMATION CONTACT: Daniel Marquez, Fish and Wildlife Permit No. TE–163610 Biologist, at the above CNO address, Applicant: The Nature Conservancy, DEPARTMENT OF THE INTERIOR (telephone: (760) 431–9440; fax: (760) Ventura, California 431–9624). Fish and Wildlife Service SUPPLEMENTARY INFORMATION: The The applicant requests a permit to take (survey, capture, collect, PIT tag, Endangered Species Recovery Permit following applicants have applied for Applications scientific research permits to conduct biological sample, radio collar, captive certain activities with endangered breed, perform veterinary examinations, AGENCY: Fish and Wildlife Service, species pursuant to section 10(a)(1)(A) and release) the Santa Cruz Island Fox Interior. (Urocyon littoralis santacruzae) in of the Endangered Species Act (16 ACTION: conjunction with ecological, genetic, Notice of receipt of permit U.S.C. 1531 et seq.). The U.S. Fish and applications; request for comment. Wildlife Service (‘‘we’’) solicits review and reproductive research on Santa and comment from local, State, and Cruz Island, Santa Barbara County, SUMMARY: We invite the public to Federal agencies, and the public on the California, for the purpose of enhancing comment on the following applications following permit requests. Before its survival. to conduct certain activities with including your address, phone number, Permit No. TE–815537 endangered species. e-mail address, or other personal DATES: Comments on these permit identifying information in your Applicant: Swaim Biological, applications must be received on or comment, you should be aware that Livermore, California before November 1, 2007. your entire comment—including your personal identifying information—may The applicant request an amendment ADDRESSES: Written data or comments be made publicly available at any time. to take (harass by survey, capture, and should be submitted to the U.S. Fish While you can ask us in your comment release) the California tiger salamander and Wildlife Service, Endangered to withhold your personal identifying (Ambystoma californiense) in Species Program Manager, California/ information from public review, we conjunction with surveys for the Nevada Operations Office (CNO), 2800 cannot guarantee that we will be able to purpose of enhancing their survival Cottage Way, Room W–2606, do so. throughout the range of the species in Sacramento, California, 95825 California. (telephone: 916–414–6464; fax: 916– Permit No. TE–163017 414–6486). Please refer to the respective We solicit public review and Applicant: California Department of permit number for each application comment on each of these recovery Fish and Game, Sacramento, when submitting comments. All permit applications. Our practice is to California comments received, including names make comments, including names and and addresses, will become part of the The applicant requests a permit to home addresses of respondents, official administrative record and may take (survey, capture, handle, mark, available for public review during be made available to the public. collect biological samples, radio collar, regular business hours. Individual translocate, and release) the Peninsular respondents may request that we FOR FURTHER INFORMATION CONTACT: bighorn sheep (Ovis canadensis withhold their home addresses from the Daniel Marquez, Fish and Wildlife nelsonii) in conjunction with ecological record, which we will honor to the Biologist, at the above CNO address, research, population monitoring, and extent allowable by law. There also may (telephone: 760–431–9440; fax: 760– life history studies throughout the range be circumstances in which we would 431–9624). of the species in San Diego, Imperial, withhold from the record a respondent’s SUPPLEMENTARY INFORMATION: The and Riverside Counties, California for identity, as allowable by law. If you following applicants have applied for the purpose of enhancing its survival. wish us to withhold your name and/or scientific research permits to conduct Permit No. TE–163012 address, you must state this certain activities with endangered prominently at the beginning of your species pursuant to section 10(a)(1)(A) Applicant: Aindrea Jensen, Petaluma, comment, but you should be aware that of the Endangered Species Act (16 California we may be required to disclose your U.S.C. 1531 et seq.). The U.S. Fish and The applicant requests a permit to name and address pursuant to the Wildlife Service (‘‘we’’) solicits review take (survey, capture, and release) the Freedom of Information Act. However, and comment from local, State, and tidewater goby (Eucyclogobius we will not consider anonymous Federal agencies, and the public on the newberryi) in conjunction with surveys comments. We will make all following permit requests. Before for the purpose of enhancing their submissions from organizations or including your address, phone number, survival throughout the range of the businesses, and from individuals e-mail address, or other personal species in California. identifying themselves as identifying information in your Permit No. TE–163662 representatives or officials of comment, you should be aware that organizations or businesses, available your entire comment—including your Applicant: Coachella Valley Mosquito for public inspection in their entirety. personal identifying information—may and Vector Control District, Indio, Comments and materials received will be made publicly available at any time. California be available for public inspection, by While you can ask us in your comment The applicant requests a permit to appointment, during normal business to withhold your personal identifying take (survey, collect, captive rear, hours at the above address. information from public review, we
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56081
cannot guarantee that we will be able to Permit No. TE–809232 with surveys throughout the range of the do so. Applicant: Paul Holden, Logan, Utah species in California for the purpose of enhancing their survival. Permit No. TE–161486 The applicant requests an amendment Applicant: Autumn Sartain, Carlsbad, to take (harass by survey, capture by Permit No. TE–042952 California mist net, take feathers for DNA analysis, Applicant: Gregory R. Ballmer, and release) the least Bell’s vireo (Vireo Riverside, California The applicant requests a permit to bellii pusillus) in conjunction with take (survey by pursuit) the Quino surveys and research at the Ash The applicant requests an amendment checkerspot butterfly (Euphydryas Meadows National Wildlife Refuge in to take (harass by survey) the Delhi editha quino) in conjunction with Nye County, California, for the purpose sands flower-loving fly (Rhaphiomidas surveys throughout the range of the of enhancing its survival. terminatus abdominalis) in conjunction species in California for the purpose of with surveys throughout the range of the enhancing its survival. Permit No. TE–161512 species in California, for the purpose of Applicant: Darrin Doyle, Redding, enhancing its survival. Permit No. TE–115370 California Permit No. TE–778195 Applicant: Gage Dayton, Moss Landing, The applicant requests a permit to California Applicant: Helix Environmental take (capture, and collect and kill) the Planning, La Mesa, California The applicant requests an amendment Conservancy fairy shrimp (Branchinecta to take (survey, capture, and release) the conservatio), the longhorn fairy shrimp The applicant requests an amendment tidewater goby (Eucyclogobius (Branchinecta longiantenna), the to take (capture, and collect and kill) the newberryi) in conjunction with surveys Riverside fairy shrimp (Streptocephalus Conservancy fairy shrimp (Branchinecta for the purpose of enhancing their wootoni), the San Diego fairy shrimp conservatio), the longhorn fairy shrimp survival throughout the range of the (Branchinecta sandiegonensis), and the (Branchinecta longiantenna), and the species in Monterey, and Santa Cruz vernal pool tadpole shrimp (Lepidurus vernal pool tadpole shrimp (Lepidurus Counties, California. packardi) in conjunction with surveys packardi) in conjunction with surveys throughout the range of each species in Permit No. TE–161225 throughout the range of each species in California, for the purpose of enhancing California, for the purpose of enhancing Applicant: Mojave Natural Preserve, their survival. their survival. Barstow, California Permit No. TE–162652 The applicant requests a permit to Permit No. TE–161510 take (survey, collect, captive rear, Applicant: Michael Crane, Carmichael, Applicant: Mary Shea, Brentwood, captive propagate, and release to the California California wild) the Mohave tui chub (Siphateles The permittee requests a permit to The permittee requests a permit to bicolor mohavensis) in conjunction with take (harass by survey, capture, and take (harass by survey, capture, and ecological research in San Bernardino release) the California tiger salamander release) the California tiger salamander County, California, for the purpose of (Ambystoma californiense) in (Ambystoma californiense) in enhancing its survival. conjunction with surveys in Alameda, conjunction with surveys throughout the range of the species in, California, Permit No. TE–161620 Amador, Calaveras, Contra Costa, Fresno, Kern, Kings, Madera, Mariposa, for the purpose of enhancing its Applicant: Karl Osmundson, Carlsbad, Merced, Monterey, Sacramento, San survival. California Benito, San Joaquin, San Luis Obispo, Permit No. TE–039716 The applicant requests a permit to Santa Barbara, Santa Clara, Solano, take (capture, and collect and kill) the Sonoma, Stanislaus, Tulare, and Yolo Applicant: Arizona State University, Conservancy fairy shrimp (Branchinecta Counties, California, for the purpose of Tempe, Arizona conservatio), the longhorn fairy shrimp enhancing its survival. The applicant requests an amendment to take (survey, electrofish, capture, (Branchinecta longiantenna), the Permit No. TE–161717 Riverside fairy shrimp (Streptocephalus collect biological samples, PIT tag, wootoni), the San Diego fairy shrimp Applicant: U.S. Forest Service, Arcata, collect, and release) the bonytail chub (Branchinecta sandiegonensis), and the California (Gila elegans) and razorback sucker vernal pool tadpole shrimp (Lepidurus The applicant requests a permit to (Xyrauchen texanus) in conjunction packardi) in conjunction with surveys take (harass by survey, and monitor with surveys, population monitoring, throughout the range of each species in populations) the marbled murrelet and genetic study for the purpose of California for the purpose of enhancing (Brachyramphus marmoratus) in enhancing their survival throughout the their survival. conjunction with surveys, population range of the species in Clark County, Nevada, and San Bernardino, Riverside, Permit No. TE–161496 monitoring, and research at the United States Department of Agriculture’s and Imperial Counties, California. Applicant: California State Parks, Redwood Experimental Forest in Del Permit No. TE–161483 Felton, California Norte County, California, for the The applicant requests a permit to purpose of enhancing its survival. Applicant: Linette Lina, Orange, take (harass by survey, capture, and California Permit No. TE–162042 mark) the San Francisco garter snake The applicant requests a permit to (Thamnophis sirtalis tetrataenia) in Applicant: Francis Villablanca, San Luis take (harass by survey, and nest conjunction with surveys and Obispo, California monitor) the least Bell’s vireo (Vireo monitoring activities throughout the The applicant requests a permit to bellii pusillus) in conjunction with range of the species in Santa Cruz and take (capture, mark, and release) the surveys and monitoring throughout the San Mateo Counties, California, for the Morro Bay kangaroo rat (Dipodomys range of the species in California, for the purpose of enhancing its survival. heermanni morroensis) in conjunction purpose of enhancing its survival.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56082 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Permit No. TE–098994 under section 10(a)(1)(B) of the the Permittee’s property incidental to Applicant: Kelly Goocher, Big Bear Endangered Species Act of 1973 (Act) timber management activities. The Lake, California (16 U.S.C. 1539), as amended, for the mitigation and minimization measures incidental take of the federally in the HCP include: No take of RCWs The applicant requests an amendment endangered red-cockaded woodpecker during the breeding season; to take (harass by survey) the (Picoides borealis) (RCW) to the establishment of three replacement Southwestern willow flycatcher Woodlands Group, LLC (Permittee). The groups on Big Branch Marsh National (Empidonax traillii extimus) in permit (TE037661–0) was for a period of Wildlife Refuge by provisioning conjunction with surveys throughout four years and expired on July 31, 2007. recruitment territories; translocating the range of the species in California, for The requested permit extension by the juveniles fledged on the Permittee’s the purpose of enhancing its survival. We solicit public review and Permittee will extend the permit property; monitoring the formation of comment on each of these recovery expiration date nine years. breeding pairs; funding an endowment permit applications. Our practice is to DATES: Written comments should be for habitat management (prescribed make comments, including names and sent to the Fish and Wildlife Service’s burning); and, translocating adult RCWs home addresses of respondents, Regional Office (see ADDRESSES) and from the Permittee’s property to Fort available for public review during should be received on or before Polk Military Reservation in Louisiana regular business hours. Individual November 1, 2007. prior to harvesting timber. The respondents may request that we ADDRESSES: Persons interested in Permittee successfully completed the withhold their home addresses from the reviewing the permit extension required minimization and mitigation record, which we will honor to the application or other related documents measures outlined in the HCP by July extent allowable by law. There also may may obtain a copy by submitting a 2004. RCW nesting and foraging habitat be circumstances in which we would written request to James Boggs, Acting were removed in one cluster incidental withhold from the record a respondent’s Field Office Supervisor, Fish and to the timber harvest that was identity, as allowable by law. If you Wildlife Service, 646 Cajundome completed in that cluster. Due to poor wish us to withhold your name and/or Boulevard, Suite 400, Lafayette, market conditions, the Permittee had address, you must state this Louisiana 70506. Documents will be not harvested timber in the remaining prominently at the beginning of your available for public inspection by two RCW clusters by the time the ITP comment, but you should be aware that appointment during normal business expired and thus requests extension of we may be required to disclose your hours at the Fish and Wildlife Service’s the ITP. If renewed, annual reporting name and address pursuant to the Regional Office, 1875 Century will no longer be required because the Freedom of Information Act. However, Boulevard, Suite 200, Atlanta, Georgia Permittee has completed the specified we will not consider anonymous 30345 (Attn: Aaron Valenta). minimization and mitigation comments. We will make all FOR FURTHER INFORMATION CONTACT: requirements. However, all other permit submissions from organizations or Aaron Valenta, Regional HCP terms and conditions will remain the businesses, and from individuals Coordinator (see ADDRESSES), telephone: same, and no additional take will be identifying themselves as 404/679–4144, or James Boggs (see authorized. The existing HCP satisfies representatives or officials of ADDRESSES), telephone 337/291–3115. all statutory issuance criteria and is organizations or businesses, available SUPPLEMENTARY INFORMATION: We therefore applicable to the extension of for public inspection in their entirety. specifically request information, views, this ITP. Comments and materials received will and opinions from the public via this If you wish to comment, you may be available for public inspection, by notice on the Federal action, including submit comments by any one of several appointment, during normal business the identification of any other aspects of methods. Please reference permit hours at the above address. the human environment not already number TE037661–0, The Woodlands Dated: September 26, 2007. identified in the Environmental Group, LLC, in such comments. You Michael Fris, Assessment (EA). Further, we may mail comments to the Fish and Acting Manager, California/Nevada specifically solicit information Wildlife Service’s Regional Office (see Operations Office, Sacramento, California. regarding the adequacy of the HCP as ADDRESSES). You may also comment via [FR Doc. E7–19400 Filed 10–1–07; 8:45 am] measured against our ITP issuance the internet to [email protected]. BILLING CODE 4310–55–P criteria found in 50 CFR parts 13 and Please include your name and return 17. address in your internet message. If you The permit authorizes take of RCWs do not receive a confirmation from us DEPARTMENT OF THE INTERIOR on approximately 99 of 971 acres owned that we have received your internet by the Permittee in Livingston Parish, message, contact us directly at either Fish and Wildlife Service Louisiana. The proposed take would be telephone number listed previously (see incidental to otherwise lawful activities, FOR FURTHER INFORMATION CONTACT). Receipt of an Application for Extension including timber harvest and typical Finally, you may hand-deliver of an Incidental Take Permit for the forest management activities on the comments to either Fish and Wildlife Red-Cockaded Woodpecker by the Permittee’s property. The extension Service office listed (see ADDRESSES). Woodlands Group, LLC, in Livingston request covers the same activities Our practice is to make comments, Parish, LA covered by the HCP and existing permit. including names and home addresses of AGENCY: Fish and Wildlife Service, There will be no increase in take beyond respondents, available for public review Interior. that anticipated in the original permit. during regular business hours. ACTION: Notice. The previously prepared HCP Individual respondents may request that specifies the impacts that are likely to we withhold their home address from SUMMARY: On July 21, 2003, the Fish and result from the taking and the measures the administrative record. We will Wildlife Service (Service) issued an the Permittee has taken to minimize and honor such requests to the extent incidental take permit (ITP) associated mitigate such impacts. The ITP allowable by law. There may also be with a habitat conservation plan (HCP) authorized take of three RCW groups on other circumstances in which we would
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56083
withhold from the administrative record South Dakota. The proposed conveyor National Forest System lands a respondent’s identity, as allowable by belt would cross about 1.5 miles of administered by the Black Hills law. If you wish us to withhold your National Forest and about 1 mile of National Forest, and private lands along name and address, you must state this BLM-administered public lands. The the proposed conveyor route in Custer prominently at the beginning of your BLM is the lead agency for this project, County, South Dakota. comments. We will not, however, and the Forest Service is a cooperating The EIS Process consider anonymous comments. We agency with jurisdiction by law. will make all submissions from DATES: This notice initiates the public NEPA requires the BLM to take into organizations or businesses, and from scoping process for the EIS. The public account the environmental impacts of individuals identifying themselves as is invited to submit comments, resource its actions. representatives or officials of information, and identify issues and The EIS will be prepared in organizations or businesses, available concerns to be considered in the NEPA accordance with applicable Council on for public inspection in their entirety. process. The BLM will accept written Environmental Quality regulations at 40 We will evaluate whether the comments on the scope of the EIS CFR parts 1500–1508, and applicable extension of the section 10(a)(1)(B) ITP within 60 days of the publication of this BLM and Forest Service regulations. complies with section 7 of the Act by notice. Public scoping meetings to The analysis will determine whether the reviewing our previously prepared obtain comments on issues related to proposed action is consistent with land intra-Service section 7 consultation. The the EIS and the proposed action will be use guidelines as set forth in the BLM results of the biological opinion, in held in Custer and Edgemont, South RMP and the Forest Service’s Revised combination with the above findings, Dakota, and Newcastle, Wyoming. Forest Plan for the Black Hills National will be used in the final analysis to Times and locations of the scoping Forest, as Amended, along with other determine whether or not to issue an meetings will be announced a minimum state and federal laws and regulations. extension of this ITP. of 15 days prior to the meetings in the The analysis in the EIS will serve the following two purposes: (1) Analyze the Dated: August 30, 2007. local news media. ADDRESSES: You may submit comments, direct, indirect, and cumulative impacts Cynthia K. Dohner, of construction, operation, maintenance, Acting Regional Director, Southeast Region. identified as ‘‘GCC Dacotah Cement Dewey Conveyor Project’’ by any of the and abandonment of the proposed [FR Doc. E7–19402 Filed 10–1–07; 8:45 am] following methods: covered conveyor belt transportation BILLING CODE 4310–55–P • E-mail: MT South Dakota facility; and (2) Disclose the information [email protected]—Include GCC Dacotah used by the Responsible Officials in making their decisions on whether to DEPARTMENT OF THE INTERIOR Cement Transportation Facility in the subject line of the message. approve or deny the application for a • Fax: 605–892–7015. ROW grant. Bureau of Land Management • Mail: South Dakota Field Office, Preliminary Issues and Alternatives [MT–040–5101–ER–EO42] 310 Roundup Street, Belle Fourche, SD 57717. The following preliminary issues have Notice of Intent To Prepare an • Hand Delivery/Courier: South been identified: Environmental Impact Statement for Dakota Field Office, 310 Roundup • Native American Concerns. the GCC Dacotah Cement Dewey Street, Belle Fourche, SD 57717. • Cultural Resources. Conveyor Project Documents pertinent to this proposal • Noise. may be examined at the South Dakota • Visual Quality. AGENCY: Bureau of Land Management, • Field Office in Belle Fourche during Public Safety. Interior. • regular business hours from 7:45 a.m. to Land Use. • ACTION: Notice of Intent (NOI) to Prepare 4:30 p.m., Monday through Friday, Fish and Wildlife. • an Environmental Impact Statement except holidays. Respondents’ Air Quality. (EIS) and Initiate Public Scoping for the • Geology, Soils, and Minerals. comments, including their names and • GCC Dacotah Cement Dewey Conveyor street addresses, will also be available Water Quality and Quantity. Project. • Vegetation. for public review, and may be published • as part of the EIS. Social and Economic Values. SUMMARY: Pursuant to 42 U.S.C. 4332, Alternatives will initially include the FOR FURTHER INFORMATION CONTACT: For the National Environmental Policy Act No Action Alternatives and the further information, including of 1969, as amended (NEPA), the Bureau Proposed Action Alternative; however, information on how to comment, you of Land Management (BLM) will direct other alternatives may be identified may contact Marian Atkins, BLM, at the preparation of an EIS on a project during the public scoping process. proposed by GCC Dacotah, Inc., and 605–892–7001, or _ conduct public scoping meetings to marian [email protected]. Public Participation analyze (1) The application for right-of- SUPPLEMENTARY INFORMATION: The EIS Comments are being solicited so as to way (ROW) on lands administered in will assess the effects of the proposed identify and define: (1) The scope of this part by the South Dakota Field Office of action to permit a transportation facility analysis, (2) significant issues or the BLM, and (2) an application for a on federal lands consisting of concerns related to the proposed action, special use permit within the Black construction, operation, maintenance, (3) reasonable alternatives to the Hills National Forest of the U.S. Forest and abandonment of a covered, above proposed action, and (4) information Service. The proposed action is to ground conveyor belt up to having a bearing on the proposed action. construct, operate, maintain, and approximately 7 miles in length for the Your response is important and will be terminate approximately 7 miles of an purpose of transporting crushed considered in the EIS process. enclosed above-ground conveyor belt to limestone from a quarry to a proposed The BLM and Forest Service will transfer crushed limestone from a rail load-out facility at Dewey, South provide further information at the quarry site to a rail loading facility near Dakota. The analysis area includes public scoping meetings regarding the the town of Dewey in Custer County, BLM-administered public lands, locations of, and the areas that may be
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56084 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
affected by, the transportation facility requirements in the regulations under cause damage to the environment or to application. The purpose of the public 30 CFR 250, Subpart E, Oil and Gas property, or endanger life or health.’’ scoping process is to provide the public Well-Completion Operations. This This authority and responsibility are an opportunity to present comments or notice also provides the public a second among those delegated to the Minerals issues that should be addressed in the opportunity to comment on the Management Service (MMS). To carry environmental analysis, the scope of the paperwork burden of these regulatory out these responsibilities, MMS issues analysis and reasonable alternatives to requirements. regulations governing oil and gas and the proposed action. You may submit DATES: Submit written comments by sulphur operations in the OCS. This comments in writing at any public November 1, 2007. information collection request (ICR) scoping meeting, or you may submit addresses 30 CFR Part 250, Subpart E, ADDRESSES: them using one of the methods listed in You may submit comments Oil and Gas Well-Completion either by fax (202) 395–6566 or e-mail the ADDRESSES section above. _ Operations and the associated Before including your address, phone (OIRA [email protected]) directly supplementary Notices to Lessees and number, e-mail address, or other to the Office of Information and Operators (NTL) intended to provide personal identifying information in your Regulatory Affairs, OMB, Attention: clarification, description, or explanation comment, you should be aware that Desk Officer for the Department of the of these regulations. Interior (1010–0067). Mail or hand carry your entire comment—including your The MMS District Managers analyze a copy of your comments to the personal identifying information—may and evaluate the information and data Department of the Interior; Minerals be made publicly available at any time. collected under Subpart E to ensure that Management Service; Attention: Cheryl While you can ask us in your comment planned well-completion operations Blundon; Mail Stop 4024; 381 Elden to withhold your personal identifying will protect personnel and natural Street; Herndon, Virginia 20170–4817. If information from public review, we resources. They use the analysis and you wish to e-mail your comments to cannot guarantee that we will be able to evaluation results in the decision to MMS, the address is: do so. All submissions from approve, disapprove, or require [email protected]. Reference organizations and businesses, and from modification to the proposed well- Information Collection 1010–0067 in individuals identifying themselves as completion operations. Specifically, your subject line and mark your representatives or officials of MMS uses the information to ensure: (a) message for return receipt. Include your organizations or businesses, will be Compliance with personnel safety name and return address in your available for public inspection in their training requirements; (b) crown block message text. entirety. safety device is operating and can be Responsible Officials: Marian Atkins, FOR FURTHER INFORMATION CONTACT: expected to function to avoid accidents; Field Manager, South Dakota Field Cheryl Blundon, Regulations and (c) proposed operation of the annular Office, BLM, will be responsible for the Standards Branch, (703) 787–1607. You preventer is technically correct and analysis and documentation, and will may also contact Cheryl Blundon to provides adequate protection for decide whether to approve any actions obtain a copy, at no cost, of the personnel, property, and natural on public lands administered by the regulations that require the subject resources; (d) well-completion BLM. Craig Bobzien, Forest Supervisor, collection of information. operations are conducted on well Black Hills National Forest, representing SUPPLEMENTARY INFORMATION: casings that are structurally competent; the Forest Service as a cooperating Title: 30 CFR Part 250, Subpart E, Oil and (e) sustained casing pressures are agency, will decide whether to approve and Gas Well-Completion Operations. within acceptable limits. any actions on National Forest System OMB Control Number: 1010–0067. Previously, the Gulf of Mexico Region lands in the project area. Abstract: The Outer Continental Shelf (GOMR) met with the Offshore Dated: September 24, 2007. (OCS) Lands Act, 43 U.S.C. 1331 et seq. Operators Committee (OOC) several Gene R. Terland, and 43 U.S.C. 1801 et seq., requires the times to discuss conditions that State Director, Montana State Office. Secretary of the Interior to preserve, required a variance from the [FR Doc. E7–19406 Filed 10–1–07; 8:45 am] protect, and develop oil and gas requirements of § 250.517. The OOC BILLING CODE 1430–$$–P resources in the OCS in a manner that recommended that sustained casing is consistent with the need to make such pressure (SCP) be divided into two resources available to meet the Nation’s broad categories: Production casing SCP DEPARTMENT OF THE INTERIOR energy needs as rapidly as possible; that can be eliminated relatively easily balance orderly energy resources and SCP on outer casings where no Minerals Management Service development with protection of the consistently successful solution has human, marine, and coastal been developed. They also Agency Information Collection environment; ensure the public a fair recommended criteria for classifying Activities: Submitted for Office of and equitable return on OCS resources; SCP. Since the initial meeting, MMS Management and Budget (OMB) and preserve and maintain free continues to work with OOC and API Review; Comment Request enterprise competition. Section 1332(6) regularly to formulate new practices. As AGENCY: Minerals Management Service of the OCS Lands Act (43 U.S.C. 1332) a result of these meetings, MMS issued (MMS), Interior. requires that ‘‘operations in the [O]uter an NTL to clarify and update the current ACTION: Notice of extension of an Continental Shelf should be conducted GOMR procedures and requirements information collection (1010–0067). in a safe manner by well-trained necessary to monitor and report SCP personnel using technology, conditions. This NTL also gives SUMMARY: To comply with the precautions, and techniques sufficient guidance on the process for obtaining a Paperwork Reduction Act of 1995 to prevent or minimize the likelihood of departure to produce wells with SCP. (PRA), we are notifying the public that blowouts, loss of well control, fires, MMS district and regional offices will we are submitting to OMB an spillages, physical obstruction to other use the information to determine information collection request (ICR) to users of the waters or subsoil and whether production from wells with renew approval of the paperwork seabed, or other occurrences which may SCP continues to afford the greatest
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56085
possible degree of safety under these 252, ‘‘OCS Oil and Gas Information information collection is a total of conditions. Program’’. 18,756 hours. The following chart Responses are mandatory. No Frequency: Varies by section, but is details the individual components and mostly ‘‘on occasion’’ or annual. estimated hour burdens. In calculating questions of a ‘‘sensitive’’ nature are Estimated Number and Description of asked. The MMS protects information the burdens, we assumed that Respondents: Approximately 130 respondents perform certain considered proprietary according to 30 respondents consist of Federal OCS CFR 250.197, ‘‘Data and information to requirements in the normal course of lessees and operators. their activities. We consider these to be be made available to the public or for Estimated Reporting and limited inspection’’ and 30 CFR part Recordkeeping ‘‘Hour’’ Burden: The usual and customary and took that into estimated annual ‘‘hour’’ burden for this account in estimating the burden.
Citation 30 CFR 250 Average number of Annual burden subpart E & LTL/NTL Reporting requirement Hour burden annual responses hours
Requests
502 ...... Request approval not to shut-in well during 1 hour ...... 106 requests ...... 106 equipment movement.
512 ...... Request field well-completion rules be estab- 1 hour ...... 2 requests ...... 2 lished, amended or canceled (on occasion, however, there have been no requests in many years).
500–517 ...... General departure and alternative compliance 2 hours ...... 500 requests ...... 1,000 requests not specifically covered elsewhere in Subpart E regulations.
Subtotal ...... 608 responses ...... 1,108
Submittals
505; 513; 515(a); NTL ... Submit forms MMS–123, MMS–124, MMS–125 Burden included in 1010–0141 0 for various approvals, including remediation procedure for SCP.
514(c); 515(a)...... Calculate well control fluid volume and post 1 hour ...... 338 procedures ...... 338 near operator’s station; submit well-control procedure.
517(b) ...... Pressure test, caliper, or otherwise evaluate 9 hours ...... 399 reports ...... 3,591 tubing & wellhead equipment casing; submit results (every 30 days during prolonged oper- ations).
Subtotal ...... 737 responses ...... 3,929
Document/Record/Retain
506 ...... Instruct crew members in safety requirements 20 minutes ...... 838 completions × 4 = 1 1,117 of operations to be performed; document 3,352. meeting (weekly for 2 crews × 2 weeks per completion = 4).
511 ...... Perform operational check of traveling-block 1⁄2 hour ...... 938 completions × 2 = 938 safety device; document results (weekly × 2 1,876. weeks per completion = 2).
LTL* ...... Record diagnostic test results ...... 1⁄2 hour ...... 3,020 tests/recordings .. 1,510
516 tests; 516(i),(j) ...... Record BOP test results; retain records 2 years 1⁄2 hour ...... 1,048 completions ...... 524 following completion of well (when installed; minimum every 7 days; as stated for compo- nent); request alternative methods.
516(d)(5) test; 516(i) ..... Function test annulars and rams; document re- 1⁄2 hour ...... 1,048 completions ...... 524 sults (every 7 days between BOP tests—bi- weekly; note: part of BOP test when con- ducted).
516(e) ...... Record reason for postponing BOP system 10 minutes ...... 58 postponed tests ...... 1 10 tests (on occasion).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56086 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Citation 30 CFR 250 Average number of Annual burden subpart E & LTL/NTL Reporting requirement Hour burden annual responses hours
516(f) ...... Perform crew drills; record results (weekly for 2 1⁄2 hour ...... 1,048 completions × 4 2,096 crews × 2 weeks per completion = 4). = 4,192.
LTL ...... Retain complete record of well’s casing pres- 1 hour ...... 2,990 records ...... 2,990 sure for 2 years and retain diagnostic test records permanently.
Subtotal ...... 17,584 responses ...... 9,709
Notify
502 ...... Notify MMS of well-completion rig movement on Burden included in 1010–0150. 0 or off platform or from well to well on same platform (Form MMS–144) (cross ref. § 250.403).
517(c); LTL/NTL ...... Notify MMS if sustained casing pressure is ob- 1 hour ...... 900 notices ...... 900 served on a well.
LTL/NTL ...... Report failure of casing pressure to bleed to 6 hours ...... 500 submissions ...... 3,000 zero including plan to remediate.
NTL ...... Notify MMS when remediation procedure is 1 hour ...... 110 notices ...... 110 complete.
Subtotal ...... 1,510 responses ...... 4,010
Total Hour Bur- ...... 20,439 responses ...... 18,756 den. * LTL dated 13 January 1994. 1 (rounded)
Estimated Reporting and To comply with the public to withhold your personal identifying Recordkeeping ‘‘Non-Hour Cost’’ consultation process, on January 29, information from public review, we Burden: We have identified no 2007, we published a Federal Register cannot guarantee that we will be able to paperwork ‘‘non-hour cost’’ burdens notice (72 FR 4025) announcing that we do so. associated with the collection of would submit this ICR to OMB for MMS Information Collection information. approval. The notice provided the Clearance Officer: Arlene Bajusz (202) Public Disclosure Statement: The PRA required 60-day comment period. In 208–7744. (44 U.S.C. 3501, et seq.) provides that an addition, § 250.199 provides the OMB Dated: May 11, 2007. agency may not conduct or sponsor a control number for the information E.P. Danenberger, collection of information unless it collection requirements imposed by the displays a currently valid OMB control 30 CFR 250 regulations. The regulation Chief, Office of Offshore Regulatory Programs. number. Until OMB approves a also informs the public that they may Editorial Note: This document was collection of information, you are not comment at any time on the collections received at the Office of the Federal Register obligated to respond. of information and provides the address on September 26, 2007. Comments: Section 3506(c)(2)(A) of to which they should send comments. [FR Doc. E7–19375 Filed 10–1–07; 8:45 am] the PRA (44 U.S.C. 3501, et seq.) We have received no comments in BILLING CODE 4310–MR–P requires each agency ‘‘* * * to provide response to these efforts. notice * * * and otherwise consult If you wish to comment in response with members of the public and affected to this notice, you may send your DEPARTMENT OF THE INTERIOR agencies concerning each proposed comments to the offices listed under the collection of information * * *’’ ADDRESSES section of this notice. OMB Minerals Management Service Agencies must specifically solicit has up to 60 days to approve or Agency Information Collection comments to: (a) Evaluate whether the disapprove the information collection Activities: Submitted for Office of proposed collection of information is but may respond after 30 days. Management and Budget (OMB) necessary for the agency to perform its Therefore, to ensure maximum Review; Comment Request duties, including whether the consideration, OMB should receive information is useful; (b) evaluate the public comments by November 1, 2007. AGENCY: Minerals Management Service accuracy of the agency’s estimate of the Public Availability of Comments: (MMS), Interior. burden of the proposed collection of Before including your address, phone ACTION: Notice of an extension of an information; (c) enhance the quality, number, e-mail address, or other information collection (1010–0043). usefulness, and clarity of the personal identifying information in your information to be collected; and (d) comment, you should be aware that SUMMARY: To comply with the minimize the burden on the your entire comment—including your Paperwork Reduction Act of 1995 respondents, including the use of personal identifying information—may (PRA), we are notifying the public that automated collection techniques or be made publicly available at any time. we will be submitting to OMB an other forms of information technology. While you can ask us in your comment information collection request (ICR) to
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56087
renew approval of the paperwork balance orderly energy resource • Verify that the crown block safety requirements in the regulations under development with protection of human, device is operating and can be expected 30 CFR 250, subpart F, Oil and Gas marine, and coastal environments; to to function and avoid accidents. Well-Workover Operations, and related ensure the public a fair and equitable • Verify that the proposed operation documents. This notice also provides return on the resources of the OCS; and of the annular preventer is technically the public a second opportunity to to preserve and maintain free enterprise correct and will provide adequate comment on the paperwork burden of competition. protection for personnel, property, and these regulatory requirements. Section 5(a) of the OCS Lands Act natural resources. DATES: Submit written comments by requires the Secretary to prescribe rules • November 1, 2007. and regulations ‘‘to provide for the Verify the reasons for postponing ADDRESSES: You may submit comments prevention of waste, and conservation of blowout preventer (BOP) tests, verify either by fax (202) 395–6566 or e-mail the natural resources of the Outer the state of readiness of the equipment ([email protected]) directly Continental Shelf, and the protection of and to ascertain that the equipment to the Office of Information and correlative rights therein’’ and to meets safety standards and Regulatory Affairs, OMB, Attention: include provisions ‘‘for the prompt and requirements, ensure that BOP tests Desk Officer for the Department of the efficient exploration and development have been conducted in the manner and Interior (1010–0043). Mail or hand carry of a lease area.’’ These authorities and frequency to promote personnel safety a copy of your comments to the responsibilities are among those and protect natural resources. Specific Department of the Interior; Minerals delegated to the Minerals Management testing information must be recorded to Management Service; Attention: Cheryl Service (MMS) to ensure that operations verify that the proper test procedures Blundon; Mail Stop 4024; 381 Elden in the OCS will meet statutory were followed. Street; Herndon, Virginia 20170–4817. If requirements; provide for safety and • Assure that the well-workover you wish to e-mail your comments to protection of the environment; and operations are conducted on well casing MMS, the address is: result in diligent exploration, that is structurally competent. [email protected]. Reference development, and production of OCS Information Collection 1010–0043 in leases. Responses are mandatory. No your subject line and mark your This information collection request questions of a ‘‘sensitive’’ nature are message for return receipt. Include your addresses the regulations at 30 CFR Part asked. MMS will protect proprietary name and return address in your 250, subpart F, Oil and Gas Well- information according to 30 CFR message text. Workover Operations and the associated 250.197, ‘‘Data and information to be FOR FURTHER INFORMATION CONTACT: supplementary Notices to Lessees and made available to the public or for Cheryl Blundon, Regulations and Operators (NTLs) intended to provide limited inspection’’, and 30 CFR part Standards Branch, (703) 787–1607. You clarification, description, or explanation 252, ‘‘OCS Oil and Gas Information may also contact Cheryl Blundon to of these regulations. Program’’. obtain a copy, at no cost, of the MMS District Supervisors use the Frequency: The frequency varies by regulations that require the subject information collected to analyze and section, but is primarily monthly or on collection of information. evaluate planned well-workover occasion. operations to ensure that operations SUPPLEMENTARY INFORMATION: Estimated Number and Description of result in personnel safety and protection Title: 30 CFR Part 250, Subpart F, Oil Respondents: Approximately 130 of the environment. They use this and Gas Well-Workover Operations. Federal OCS oil and gas or sulphur evaluation in making decisions to OMB Control Number: 1010–0043. lessees and operators. Abstract: The Outer Continental Shelf approve, disapprove, or to require (OCS) Lands Act, as amended (43 U.S.C. modification to the proposed well- Estimated Reporting and 1331 et seq. and 43 U.S.C. 1801 et seq.), workover operations. For example, Recordkeeping ‘‘Hour’’ Burden: The authorizes the Secretary of the Interior MMS uses the information to: estimated annual ‘‘hour’’ burden for this (Secretary) to prescribe rules and • Review log entries of crew meetings information collection is a total of regulations to administer leasing of the to verify that safety procedures have 40,899 hours. The following chart OCS. Such rules and regulations will been properly reviewed. details the individual components and apply to all operations conducted under • Review well-workover procedures estimated hour burdens. In calculating a lease. Operations on the OCS must relating to hydrogen sulfide (H2S) to the burdens, we assumed that preserve, protect, and develop oil and ensure the safety of the crew in the respondents perform certain natural gas resources in a manner that event of encountering H2S. requirements in the normal course of is consistent with the need to make such • Review well-workover diagrams their activities. We consider these to be resources available to meet the Nation’s and procedures to ensure the safety of usual and customary and took that into energy needs as rapidly as possible; to well-workover operations. account in estimating the burden.
Average number of Annual burden Citation 30 CFR 250 Reporting requirement Hour burden annual reponses hours
Requests
602 ...... Request exceptions prior to moving well- 1 ...... 400 requests ...... 400 workover equipment.
605; 613; 615(a), (e)(4); Request approval to begin subsea well- Burden included in 1010–0141 0 616(d). workover operations; submit Forms MMS– 124 (include, if required, alternate procedures and equipment; stump test procedures plan) and MMS–125.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56088 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Average number of Annual burden Citation 30 CFR 250 Reporting requirement Hour burden annual reponses hours
612 ...... Request establishment/amendment/cancellation 6 ...... 4 requests ...... 24 of field well-workover rules.
616(a) ...... Request exception to rated working pressure of 2 ...... 187 requests ...... 374 the BOP equipment; request exception to an- nular-type BOP testing.
600–618 ...... General departure and alternative compliance 2 ...... 200 requests ...... 4009 requests not specifically covered elsewhere in subpart F regulations.
Subtotal ...... 791 ...... 1,198
Posting
614 ...... Post number of stands of drill pipe or workover 0.25 ...... 1,210 postings ...... 303 string and drill collars that may be pulled prior to filling the hole and equivalent well-control fluid volume.
Subtotal ...... 1,210 ...... 303
Submittals/Notifications
602 ...... Notify MMS of any rig movement within Gulf of Burden included in 1010–0150 0 Mexico (Form MMS–144).
617(b) ...... Pressure test, caliper, or otherwise evaluate 6 ...... 182 reports ...... 1,092 tubing & wellhead equipment casing; submit results (every 30 days during prolonged oper- ations).
617(c) ...... Notify MMS if sustained casing pressure is ob- 1 ...... 905 notifications ...... 905 served on a well.
Subtotal ...... 1,087 ...... 1,997
Record/Document
606 ...... Instruct crew members in safety requirements 1 ...... 1,476 workovers × 4 = 5,904 of operations to be performed; document 5,904. meeting (weekly for 2 crews × 2 weeks per workover = 4).
611 ...... Perform operational check of traveling-block 1 ...... 1,226 workovers × 2 = 2,452 safety device; document results (weekly × 2 2,452. weeks per workover = 2).
616(a), (b), (f), (g) ...... Perform BOP pressure tests, actuations, in- 7 ...... 1,226 workovers × 2 = 17,164 spections & certifications; record results; re- 2,452. tain records 2 years following completion of workover activities (when installed; at a min- imum every 7 days × 2 weeks per workover = 2).
616(b)(2) ...... Test blind or blind-shear rams; document re- 2 ...... 1,476 workovers ...... 2,952 sults (every 30 days during operations). (Note: this is part of BOP test when BOP test is conducted.).
616(b)(2) ...... Record reason for postponing BOP system 0.5 ...... 146 post-poned tests ... 73 tests.
616(c) ...... Perform crew drills; record results (weekly for 2 1.5 ...... 1,476 work-overs × 4 = 8,856 crews × 2 weeks per workover = 4). 5,904.
Subtotal ...... 18,334 ...... 37,401
Total Burden ...... 21,422 Responses ...... 40,899
Estimated Reporting and Burden: We have identified no associated with the collection of Recordkeeping ‘‘Non-Hour Cost’’ paperwork ‘‘non-hour cost’’ burdens information.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56089
Public Disclosure Statement: The PRA cannot guarantee that we will be able to ‘‘Attention’’ line of your comment. Also (44 U.S.C. 3501, et seq.) provides that an do so. include your name and return address. agency may not conduct or sponsor a MMS Information Collection If you do not receive a confirmation that collection of information unless it Clearance Officer: Arlene Bajusz (202) we have received your e-mail, contact displays a currently valid OMB control 208–7744. Ms. Gebhardt at (303) 231–3211. number. Until OMB approves a Dated: June 1, 2007. You may also mail a copy of your collection of information, you are not William S. Hauser, comments to Sharron L. Gebhardt, Lead obligated to respond. Acting Chief, Office of Offshore Regulatory Regulatory Specialist, Minerals Comments: Section 3506(c)(2)(A) of Programs. Management Service, Minerals Revenue the PRA (44 U.S.C. 3501, et seq.) Management, P.O. Box 25165, MS requires each agency ‘‘ * * * to provide Editorial Note: This document was 302B2, Denver, Colorado 80225. If you notice * * * and otherwise consult received at the Office of the Federal Register use an overnight courier service or wish with members of the public and affected on September 26, 2007. to hand-deliver your comments, our agencies concerning each proposed [FR Doc. E7–19376 Filed 10–1–07; 8:45 am] courier address is Building 85, Room A– collection of information * * * ’’ BILLING CODE 4310–MR–P 614, Denver Federal Center, West 6th Agencies must specifically solicit Ave. and Kipling Blvd., Denver, comments to: (a) Evaluate whether the Colorado 80225. DEPARTMENT OF THE INTERIOR proposed collection of information is FOR FURTHER INFORMATION CONTACT: necessary for the agency to perform its Minerals Management Service Sharron L. Gebhardt, telephone (303) duties, including whether the 231–3211, FAX (303) 231–3781, e-mail information is useful; (b) evaluate the Agency Information Collection [email protected]. You may accuracy of the agency’s estimate of the Activities: Submitted for Office of also contact Sharron Gebhardt to obtain burden of the proposed collection of Management and Budget (OMB) copies, at no cost, of (1) the ICR, (2) any information; (c) enhance the quality, Review; Comment Request associated forms, and (3) regulations usefulness, and clarity of the that require the subject collection of AGENCY: Minerals Management Service information to be collected; and (d) information. minimize the burden on the (MMS), Interior. respondents, including the use of ACTION: Notice of a revision of a SUPPLEMENTARY INFORMATION: automated collection techniques or currently approved information Title: 30 CFR 216.57, Stripper Royalty other forms of information technology. collection (OMB Control Number 1010– Rate Reduction Notification. To comply with the public 0090). OMB Control Number: 1010–0090. consultation process, on January 23, Bureau Form Number: Form MMS– 2007, we published a Federal Register SUMMARY: To comply with the 4377. notice (72 FR 2901) announcing that we Paperwork Reduction Act of 1995 Abstract: The Secretary of the U.S. would submit this ICR to OMB for (PRA), we are notifying the public that Department of the Interior is responsible approval. The notice provided the we have submitted to OMB an for matters relevant to mineral resource required 60-day comment period. In information collection request (ICR) to development on Federal and Indian addition, § 250.199 provides the OMB renew approval of the information lands and the Outer Continental Shelf control number for the information collection requirements in the (OCS). The Secretary, under the Mineral collection requirements imposed by the regulations at 30 CFR 216MRM1.57. This Leasing Act (30 U.S.C. 1923) and the 30 CFR Part 250 regulations. The notice also provides the public a second Outer Continental Shelf Lands Act (43 regulation also informs the public that opportunity to comment on the U.S.C. 1353), is responsible for they may comment at any time on the paperwork burden of these regulatory managing the production of minerals collections of information and provides requirements. We shortened the title of from Federal and Indian lands and the the address to which they should send this ICR to accommodate OMB OCS, collecting royalties from lessees comments. We have received no requirements. The previous title was who produce minerals, and distributing comments in response to these efforts. ‘‘30 CFR 216, Subpart B—Oil and Gas, the funds collected in accordance with If you wish to comment in response General, § 216.57 Stripper Royalty Rate applicable laws. The MMS performs the to this notice, you may send your Reduction Notification.’’ The new title royalty management functions for the comments to the offices listed under the is ‘‘30 CFR 216.57, Stripper Royalty Rate Secretary. Public laws pertaining to Reduction Notification.’’ Form MMS– ADDRESSES section of this notice. OMB mineral royalties are located on our Web 4377, Stripper Royalty Rate Reduction has up to 60 days to approve or site at http://www.mrm.mms.gov/ Notification, is used to collect the disapprove the information collection Laws_R_D/PublicLawsAMR.htm. information. but may respond after 30 days. Under 43 CFR 3103.4–2, the Stripper Therefore, to ensure maximum DATES: Submit written comments on or Royalty Rate Reduction Program was consideration, OMB should receive before November 1, 2007. established by the Bureau of Land public comments by November 1, 2007. ADDRESSES: Submit written comments Management (BLM), the surface Public Availability of Comments: by either FAX (202) 395–6566 or e-mail management agency for Federal onshore Before including your address, phone ([email protected]) directly to leases. As a benefit under this program, number, e-mail address, or other the Office of Information and Regulatory BLM approved royalty rate reductions personal identifying information in your Affairs, OMB, Attention: Desk Officer for operators of stripper oil properties comment, you should be aware that for the Department of the Interior (OMB for applicable sales periods from your entire comment—including your Control Number 1010–0090). October 1, 1992, through January 31, personal identifying information—may Please also send a copy of your 2006. Effective February 1, 2006, the be made publicly available at any time. comments to MMS via e-mail at benefits of reduced royalty rates under While you can ask us in your comment [email protected]. Include the this program were terminated, although to withhold your personal identifying title of the information collection and this change is not currently reflected in information from public review, we the OMB control number in the the CFR.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56090 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
For production through January 31, collecting this information would limit Estimated Annual Reporting and 2006, reporters used Form MMS–4377, the Secretary’s ability to discharge his/ Recordkeeping ‘‘Hour’’ Burden: 180 Stripper Royalty Rate Reduction her duties and may also result in loss of hours. Notification, to notify MMS of royalty royalty payments. Proprietary We have not included in our rate changes. Although the benefits were information submitted is protected, and estimates certain requirements terminated, MMS continues to verify there are no questions of a sensitive performed in the normal course of previously submitted notifications and nature included in this information business and considered usual and may require the operator to submit an collection. amended Form MMS–4377. Frequency: As requested. customary. The following chart shows The MMS requests OMB approval to Estimated Number and Description of the estimated burden hours by CFR continue to collect this information. Not Respondents: 150 lessees/lessors. section and paragraph:
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Average num- 30 CFR 216 Reporting and recordkeeping requirement Hour burden ber of annual Annual burden subpart B responses hours
216.57 ...... Stripper royalty rate reduction notification ...... 1.2 150 180 In accordance with its regulations at 43 CFR 3103.4–1, titled ‘‘Waiver, suspension, or reduction of rental, royalty, or minimum royalty,’’ the Bu- reau of Land Management (BLM) may grant reduced royalty rates to operators of low producing oil leases to encourage continued produc- tion. Operators who have been granted a reduced royalty rate(s) by BLM must submit a Stripper Royalty Rate Reduction Notification (Form MMS–4377) to MMS for each 12-month qualifying period that a re- duced royalty rate(s) is granted. [58 FR 64903, Dec. 10, 1993] Please note the BLM citation and title changed to 43 CFR 3103.4–2 Stripper well royalty reductions.
Total Burden ...... 150 180
Estimated Annual Reporting and November 6, 2006 (71 FR 64978), There also may be circumstances in Recordkeeping ‘‘Non-hour’’ Cost announcing that we would submit this which we would withhold a Burden: We have identified no ‘‘non- ICR to OMB for approval. The notice respondent’s identity, as allowable by hour cost’’ burden associated with the provided the required 60-day comment law. If you request that we withhold collection of information. period. We received no comments in your name and/or address, state your Public Disclosure Statement: The PRA response to the notice. request prominently at the beginning of (44 U.S.C. 3501 et seq.) provides that an If you wish to comment in response your comment. However, we will not agency may not conduct or sponsor, and to this notice, you may send your consider anonymous comments. We a person is not required to respond to, comments to the offices listed under the will make all submissions from a collection of information unless it ADDRESSES section of this notice. The organizations or businesses, and from displays a currently valid OMB control OMB has up to 60 days to approve or individuals identifying themselves as number. disapprove the information collection representatives or officials of Comments: Section 3506(c)(2)(A) of but may respond after 30 days. organizations or businesses, available the PRA requires each agency ‘‘*** to Therefore, to ensure maximum for public inspection in their entirety. provide notice * * * and otherwise consideration, OMB should receive MMS Information Collection consult with members of the public and public comments by November 1, 2007. Clearance Officer: Arlene Bajusz (202) 208–7744. affected agencies concerning each Public Comment Policy: We will post proposed collection of information all comments in response to this notice Dated: July 30, 2007. ***.’’ Agencies must specifically on our Web site at http:// Lucy Querques Denett, solicit comments to: (a) Evaluate www.mrm.mms.gov/Laws_R_D/InfoColl/ Associate Director for Minerals Revenue whether the proposed collection of InfoColCom.htm. Before including your Management. information is necessary for the agency address, phone number, e-mail address, [FR Doc. E7–19377 Filed 10–1–07; 8:45 am] to perform its duties, including whether or other personal identifying BILLING CODE 4310–MR–P the information is useful; (b) evaluate information in your comment, you the accuracy of the agency’s estimate of should be aware that your entire the burden of the proposed collection of comment—including your personal DEPARTMENT OF THE INTERIOR information; (c) enhance the quality, identifying information—may be made Minerals Management Service usefulness, and clarity of the publicly available at any time. We will information to be collected; and (d) also make copies of the comments Agency Information Collection minimize the burden on the available for public review, including Activities: Proposed Collection, respondents, including the use of names and addresses of respondents, Comment Request automated collection techniques or during regular business hours at our other forms of information technology. offices in Lakewood, Colorado. Upon AGENCY: Minerals Management Service To comply with the public request, we will withhold an individual (MMS), Interior. consultation process, we published a respondent’s home address from the ACTION: Notice of an extension of a notice in the Federal Register on public record, as allowable by law. currently approved information
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56091
collection (OMB Control Number 1010– and Gas Royalty Management Act of NPSL until the lessee shows a credit 0073). 1982 (Pub. L. 97–451—Jan. 12, 1983); balance in its capital account; that is, Outer Continental Shelf Lands Act of cumulative revenues and other credits SUMMARY: To comply with the 1953 (43 U.S.C. 1353; Pub. L. 212—Aug. exceed cumulative costs. The credit Paperwork Reduction Act of 1995 7, 1953, as amended by Pub. L. 93– balance is multiplied by the net profit (PRA), we are inviting comments on a 627—Jan. 3, 1975, Pub. L. 95–372— share rate (30 to 50 percent), resulting collection of information that we will Sept. 18, 1978, and Pub. L. 98–498— in the amount of net profit share submit to the Office of Management and Oct. 19, 1984); and the Mineral Leasing payment due the Federal Government. Budget (OMB) for review and approval. Act (30 U.S.C. 1923). These citations The MMS requires lessees to maintain The previous title of this ICR was ‘‘30 can be viewed on our Web site at http:// an NPSL capital account for each lease, CFR Part 220—Accounting Procedures www.mrm.mms.gov/Laws_R_D/ which transfers to a new owner when for Determining Net Profit Share PublicLawsAMR.htm. sold. Following the cessation of Payment for Outer Continental Shelf Oil General Information production, lessees are also required to and Gas Leases, § 220.010 NPSL capital provide either an annual or a monthly account, § 220.030 Maintenance of When a company or an individual report to the Federal Government, using records, § 220.031 Reporting and enters into a lease to explore, develop, data from the capital account. payment requirements, § 220.032 produce, and dispose of minerals from Inventories, and § 220.033 Audits.’’ The Federal or Indian lands, that company NPSL Inventories new title of this ICR is ‘‘30 CFR 220– or individual agrees to pay the lessor a The NPSL lessees must notify MMS of OCS Net Profit Share Payment share of the value received from their intent to perform an inventory and Reporting.’’ There are no forms production from the leased lands. The file a report after each inventory of associated with this information lease creates a business relationship controllable material. collection. between the lessor and the lessee. The lessee is required to report various kinds NPSL Audits DATES: Submit written comments on or before December 3, 2007. of information to the lessor relative to When non-operators of an NPSL call the disposition of the leased minerals. for an audit, they must notify MMS. ADDRESSES: Submit written comments Such information is similar to data When MMS calls for an audit, the lessee to Sharron L. Gebhardt, Lead Regulatory reported to private and public mineral must notify all non-operators on the Specialist, Minerals Management interest owners and is generally lease. These requirements are located at Service, Minerals Revenue Management, available within the records of the § 220.033. P.O. Box 25165, MS 302B2, Denver, lessee or others involved in developing, Colorado 80225. If you use an overnight Summary transporting, processing, purchasing, or courier service or wish to hand-carry selling of such minerals. The This collection of information is your comments, our courier address is information collected includes data necessary in order to determine when Building 85, Room A–614, Denver necessary to ensure royalties or net net profit share payments are due and Federal Center, West 6th Ave. and profit share payments are properly to ensure royalties or net profit share Kipling Blvd., Denver, Colorado 80225. valued and appropriately paid. payments are properly valued and You may also e-mail your comments to appropriately paid. us at [email protected]. Include Net Profit Share Leases (NPSL) Bidding The MMS will request OMB’s the title of the information collection System approval to continue to collect this and the OMB control number in the To encourage exploration and information. Not collecting this ‘‘Attention’’ line of your comment. Also development of oil and gas leases on information would limit the Secretary’s include your name and return address. submerged Federal lands on the Outer ability to discharge his/her duty and If you do not receive a confirmation that Continental Shelf (OCS), regulations may also result in loss of royalty we have received your e-mail, contact were promulgated at 30 CFR 260—Outer payments. Proprietary information Ms. Gebhardt at (303) 231–3211. Continental Shelf Oil and Gas Leasing. submitted to MMS under this collection FOR FURTHER INFORMATION CONTACT: Specific implementation regulations for is protected, and there are no questions Sharron L. Gebhardt, telephone (303) the NPSL bidding system are of a sensitive nature included in this 231–3211, FAX (303) 231–3781, or e- promulgated at § 260.110(d). The MMS information collection. mail [email protected]. established the NPSL bidding system to Frequency: Annually, monthly, and SUPPLEMENTARY INFORMATION: balance a fair market return to the on occasion. Title: 30 CFR Part 220—OCS Net Federal Government for the lease of its Estimated Number and Description of Profit Share Payment Reporting. public lands with a fair profit to Respondents: 6 lessees. OMB Control Number: 1010–0073. companies risking their investment Estimated Annual Reporting and Bureau Form Number: None. capital. The system provides an Recordkeeping ‘‘Hour’’ Burden: 1,046 Abstract: The Secretary of the U.S. incentive for early and expeditious hours. Department of the Interior is responsible exploration and development and All six lessees report monthly because for collecting royalties from lessees who provides for sharing the risks by the all current NPSLs are in producing produce minerals from leased Federal lessee and the Federal Government. The status. Because the requirements for and Indian lands. The Secretary is NPSL bidding system incorporates a establishment of capital accounts at required by various laws to manage fixed capital recovery system as a means § 220.010(a) and capital account annual mineral resources production on through which the lessee recovers costs reporting at § 220.031(a) are necessary Federal and Indian lands, collect the of exploration and development from only during non-producing status of a royalties due, and distribute the funds production revenues, along with a lease, we included only one response in accordance with those laws. The reasonable return on investment. annually for these requirements, in case MMS performs the royalty management a new NPSL is established. We have not functions for the Secretary. NPSL Capital Account included in our estimates certain Applicable law citations pertaining to The Federal Government does not requirements performed in the normal mineral leases include the Federal Oil receive a profit share payment from an course of business, which are
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56092 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
considered usual and customary. The annual burden hours by CFR section following chart shows the estimated and paragraph.
RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS
Number of Annual Citation 30 CFR 220 Reporting & recordkeeping requirement Hour bur- annual re- burden den sponses hours
PART 220—ACCOUNTING PROCEDURES FOR DETERMINING NET PROFIT SHARE PAYMENT FOR OUTER CONTINENTAL SHELF OIL AND GAS LEASES
§ 220.010 NPSL capital account
220.010(a) ...... (a) For each NPSL tract, an NPSL capital account shall be established and main- 1 1 1 tained by the lessee for NPSL operations * * *.
§ 220.030 Maintenance of records
220.030(a) and (b) .. (a) Each lessee * * * shall establish and maintain such records as are nec- 1 6 6 essary * * *.
§ 220.031 Reporting and payment requirements
220.031(a) ...... (a) Each lessee subject to this part shall file an annual report during the period 1 1 1 from issuance of the NPSL until the first month in which production revenues are credited to the NPSL capital account * * *. 220.031(b) ...... (b) Beginning with the first month in which production revenues are credited to 13 72 936 the NPSL capital account, each lessee * * * shall file a report for each NPSL, not later than 60 days following the end of each month * * *. 220.031(c) ...... (c) Each lessee subject to this Part 220 shall submit, together with the report re- Burden hours covered under quired * * * any net profit share payment due * * *. § 220.031(b). 220.031(d) ...... (d) Each lessee * * * shall file a report not later than 90 days after each inven- 8 6 48 tory is taken * * *. 220.031(e) ...... (e) Each lessee * * * shall file a final report, not later than 60 days following the 4 6 24 cessation of production * * *.
§ 220.032 Inventories
220.032(b) ...... (b) At reasonable intervals, but at least once every three years, inventories of 1 6 6 controllable materiel shall be taken by the lessee. Written notice of intention to take inventory shall be given by the lessee at least 30 days before any inven- tory is to be taken so that the Director may be represented at the taking of in- ventory * * *.
§ 220.033 Audits
220.033(b)(1) ...... (b)(1) When nonoperators of an NPSL lease call an audit in accordance with the 2 6 12 terms of their operating agreement, the Director shall be notified of the audit call * * *. 220.033(b)(2) ...... (b)(2) If DOI determines to call for an audit, DOI shall notify the lessee of its 2 6 12 audit call and set a time and place for the audit * * * The lessee shall send copies of the notice to the nonoperators on the lease * * *. 220.033(e) ...... (e) Records required to be kept under § 220.030(a) shall be made available for The Office of Regulatory Affairs deter- inspection by any authorized agent of DOI * * *. mined that the audit process is ex- empt from the Paperwork Reduction Act of 1995 because MMS staff asks non-standard questions to re- solve exceptions.
Total Burden ...... 110 1,046
Estimated Annual Reporting and displays a currently valid OMB control comments to: (a) Evaluate whether the Recordkeeping ‘‘Non-hour’’ Cost number. proposed collection of information is Burden: We have identified no ‘‘non- Comments: Before submitting an ICR necessary for the agency to perform its hour cost’’ burdens. to OMB, PRA Section 3506(c)(2)(A) duties, including whether the Public Disclosure Statement: The PRA requires each agency ‘‘* * * to provide information is useful; (b) evaluate the (44 U.S.C. 3501 et seq.) provides that an notice * * * and otherwise consult accuracy of the agency’s estimate of the agency may not conduct or sponsor, and with members of the public and affected burden of the proposed collection of a person is not required to respond to, agencies concerning each proposed information; (c) enhance the quality, a collection of information unless it collection of information * * *.’’ usefulness, and clarity of the Agencies must specifically solicit information to be collected; and (d)
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56093
minimize the burden on the MMS Information Collection construction within the project study respondents, including the use of Clearance Officer: Arlene Bajusz (202) area of the Great Smoky Mountains automated collection techniques or 208–7744. National Park. Under the Laurel Branch other forms of information technology. Dated: September 21, 2007. Picnic Area alternative, a day-use area The PRA also requires agencies to Lucy Querques Denett, on the north side of existing Lake View estimate the total annual reporting Associate Director for Minerals Revenue Road would be constructed. Outdoor ‘‘non-hour cost’’ burden to respondents Management. facilities would include a multi-use or recordkeepers resulting from the [FR Doc. E7–19379 Filed 10–1–07; 8:45 am] picnic shelter, picnic tables, several collection of information. If you have loop trails, drinking fountains, and BILLING CODE 4310–MR–P costs to generate, maintain, and disclose restrooms. Under the Partial-Build this information, you should comment Alternative to Bushnell, up to 8 miles and provide your total capital and DEPARTMENT OF THE INTERIOR (12.9 km) of new roadway from the startup cost components or annual existing tunnel west to the vicinity of operation, maintenance, and purchase National Park Service the former Bushnell settlement would of service components. You should be constructed. This alternative would describe the methods you use to Notice of Availability of Final provide a boat-launching ramp and estimate major cost factors, including Environmental Impact Statement for restricted boat dock. Located near the system and technology acquisition, the North Shore Road in Great Smoky terminus of the new roadway would be expected useful life of capital Mountains National Park a multi-use picnic shelter and picnic equipment, discount rate(s), and the SUMMARY: The National Park Service tables, a backcountry permit station, an period over which you incur costs. (NPS) in cooperation with the Federal information kiosk, restrooms, and a Capital and startup costs include, Highway Administration (FHWA) parking area. Exhibit/museum space among other items, computers and announces the availability of the Final would be designed to highlight local software you purchase to prepare for Environmental Impact Statement (FEIS) heritage of the area and could include collecting information; monitoring, for the North Shore Road in the Great concession opportunities. Under the sampling, and testing equipment; and Smoky Mountains National Park, North Northern Shore Corridor Alternative, 29 record storage facilities. Generally, your Carolina. This document will be to 34.3 miles of new roadway to the estimates should not include equipment available for public review pursuant to vicinity of Fontana Dam would be or services purchased: (i) Before October Section 102(2)(C) of the National constructed. It would connect Lake 1, 1995; (ii) to comply with Environmental Policy Act of 1969 and View Road to NC Hwy. 28. This requirements not associated with the NPS policy in Director’s Order Number alternative would include provisions for information collection; (iii) for reasons 12 (Conservation Planning, the development of an auto-tour guide other than to provide information or Environmental Impact Analysis, and describing the historic and natural keep records for the Government; or (iv) Decision Making). The primary purpose points of interest along the route. Also, as part of customary and usual business of this FEIS is to finalize the restrooms would be built at appropriate or private practices. documentation of the environmental locations. We will summarize written responses analysis of the five alternatives studied The NPS Preferred Alternative is the to this notice and address them in our in the document; to address substantive Monetary Settlement Alternative. The ICR submission for OMB approval, comments made on the Draft EIS; and to Monetary Settlement would ensure that including appropriate adjustments to disclose the Agency’s Preferred resources of Great Smoky Mountains the estimated burden. We will provide Alternative. National Park and the Appalachian a copy of the ICR to you without charge The purpose of the proposed action is National Scenic Trail would be upon request. The ICR also will be to discharge and satisfy any obligations unimpaired for the enjoyment of future posted on our Web site at http:// on the part of the United States that generations. It would fulfill project goals www.mrm.mms.gov/Laws_R_D/ presently exist as the result of the July and objectives including the protection FRNotices/FRInfColl.htm. 30, 1943, Memorandum of Agreement of natural, cultural, and recreational Public Comment Policy: We will post (MOA) among the U.S. Department of resources. all comments in response to this notice the Interior (DOI), Tennessee Valley DATES: The NPS will execute a Record on our Web site at http:// Authority (TVA), Swain County, North of Decision (ROD) no sooner than 30 www.mrm.mms.gov/Laws_R_D/ Carolina, and the State of North days following the publication of the FRNotices/FRInfColl.htm. We will also Carolina. The need for the project is to Environmental Protection Agency’s make copies of the comments available determine whether or not it is feasible Notice of Availability in the Federal for public review, including names and to complete the road and to evaluate Register. addresses of respondents, during regular other alternatives that would satisfy the ADDRESSES: The complete FEIS is business hours at our offices in obligation. available for review or download on the Lakewood, Colorado. Before including The FEIS analyzed five alternatives internet at http:// your address, phone number, e-mail for meeting the purpose and need of the www.northshoreroad.info. address, or other personal identifying project. The no-action alternative would information in your comment, you continue current management practices Copies of the FEIS will also be should be aware that your entire and policies into the future. The available for review at the following comment—including your personal monetary settlement (the preferred locations: identifying information—may be made alternative) would provide Swain Pack Memorial Library, 67 Haywood publicly available at any time. While County, North Carolina, with a Street, Asheville, North Carolina you can ask us in your comment to monetary settlement to satisfy and 28801; withhold your personal identifying discharge the obligations of the MOA. Marianna Black Library, 33 Fryemont information from public review, we Each of the other three action Road, Bryson City, North Carolina cannot guarantee that we will be able to alternatives would allow various levels 28713; do so. of development and/or road Charlotte and Mecklenburg County
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56094 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Main Library, 310 North Tryon scheduled for completion by the end of will be provided to Council members at Street, Charlotte, North Carolina 2007. the meeting. 28202; The authority for publishing this FOR FURTHER INFORMATION CONTACT: Kib Qualla Boundary Public Library, 810 notice is 42 U.S.C. 4332(2)(C). Jacobson, telephone (801) 524–3753; Acquoni Road, Cherokee, NC The responsible official for this EIS is facsimile (801) 524–3826; e-mail at: 28719; Art Frederick, Acting Regional Director, [email protected]. Anna Porter Public Library, 207 Southeast Region, National Park SUPPLEMENTARY INFORMATION: The Cherokee Orchard Road, Gatlinburg, Service, 100 Alabama Street, SW., 1924 purpose of the meeting will be to Tennessee 37738; Building, Atlanta, Georgia 30303. GSMNP Headquarters, 107 Park discuss the accomplishments of federal Dated: September 19, 2007. Headquarters Road, Gatlinburg, agencies and make recommendations on Tennessee 37738; Art Frederick, future activities to control salinity. Lawson-McGee Library, 500 West Acting Regional Director, Southeast Region. Council members will be briefed on the Church Avenue, Knoxville, [FR Doc. E7–19429 Filed 10–1–07; 8:45 am] status of salinity control activities and Tennessee 37915; BILLING CODE 4310–8A–P receive input for drafting the Council’s Cameron Village Regional Library, annual report. The Bureau of 410–200 Oberlin Road, Raleigh, Reclamation, Bureau of Land North Carolina 27605; DEPARTMENT OF THE INTERIOR Management, U.S. Fish and Wildlife Graham County Public Library, 80 Service, and United States Geological Bureau of Reclamation Knight Street, Robbinsville, North Survey of the Department of the Interior; Carolina 28771. the Natural Resources Conservation Colorado River Basin Salinity Control Service of the Department of FOR FURTHER INFORMATION CONTACT: Advisory Council Agriculture; and the Environmental North Shore Road EIS, Attention: Protection Agency will each present a Superintendent, Great Smoky AGENCY: Bureau of Reclamation, progress report and a schedule of Mountains National Park, 107 Park Interior. activities on salinity control in the Headquarters Road, Gatlinburg, ACTION: Notice of public meeting. Colorado River Basin. The Council will Tennessee 37738, Telephone: 865/436– discuss salinity control activities and 1207 or Fax: 865/436–1220. SUMMARY: The Colorado River Basin the contents of the reports. SUPPLEMENTARY INFORMATION: In July Salinity Control Advisory Council 1943, the DOI, TVA, Swain County, (Council) was established by the Public Disclosure Colorado River Basin Salinity Control North Carolina, and the State of North Before including your name, address, Carolina entered into a MOA that dealt Act of 1974 (Pub. L. 93–320) (Act) to receive reports and advise Federal telephone number, e-mail address, or with the creation of Fontana Dam and other personal identifying information Reservoir and the flooding of lands and agencies on implementing the Act. In accordance with the Federal Advisory in your comment, you should be aware roads within Swain County. As part of that your entire comment—including that agreement, 44,170 acres of land Committee Act, the Bureau of Reclamation announces that the Council your personal identifying information— were ultimately transferred to the DOI may be made publicly available at any and made part of the Great Smoky will meet as detailed below. Dates and Location: The Council will time. While you can ask us in your Mountains National Park. The MOA comment to withhold your personal also contained a provision by which the conduct its annual meeting at the following time and location: identifying information from public DOI was to construct a road through the review, we cannot guarantee that we Tuesday, October 30, 2007—Santa Fe, Park, along the north shore of the newly will be able to do so. formed Fontana Reservoir, to replace the New Mexico—The meeting will be held flooded NC Hwy. 288, contingent upon at the Hotel Santa Fe, 1501 Paseo de Dated: August 22, 2007. funds being appropriated by Congress. Peralta. The meeting will begin at 8 Shelly Wiser, The FEIS evaluates potential a.m., recess at approximately 1 p.m., Acting Regional Director—UC Region, Bureau environmental consequences of and reconvene briefly the following day of Reclamation. implementing the action alternatives on at 1 p.m. [FR Doc. E7–18751 Filed 10–1–07; 8:45 am] the Great Smoky Mountains and the ADDRESSES: The meeting of the Council BILLING CODE 4310–MN–P Appalachian National Scenic Trail. is open to the public. Any member of Impact topics include the human the public may file written statements environment, physical environment, with the Council before, during, or up DEPARTMENT OF JUSTICE natural and cultural resources, to 30 days after the meeting, in person aesthetics and visual resources, visitor or by mail. To the extent that time [OMB Number 1121–0313] use and experience, and Park permits, the Council chairman will Office of the Associate Attorney operations. Direct, indirect, and allow public presentation of oral General; Agency Information cumulative impacts along with options comments at the meeting. To allow full Collection Activities: Proposed to address potential impacts were consideration of information by Council Collection; Comments Requested evaluated and are described for each members, written notice must be resource area. provided to Kib Jacobson, Bureau of ACTION: 30-Day Notice of Information The FEIS is being mailed to Reclamation, Upper Colorado Regional Collection Under Review: Mandatory appropriate Federal, State and local Office, 125 South State Street, Room Case Reporting Form for the Internet agencies and organizations which have 6107, Salt Lake City, Utah 84138–1147; Crimes Against Children Task Forces. been involved with the project, have telephone (801) 524–3753; facsimile expressed, or are known to have an (801) 524–3826; e-mail at: The Department of Justice (DOJ), interest or legal role in this proposal. [email protected] at least FIVE (5) Office of Justice Programs (OJP) will be After public review of the FEIS, a days prior to the meeting. Any written submitting the following information ROD will be prepared. The ROD is comments received prior to the meeting collection request to the Office of
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56095
Management and Budget (OMB) for (1) Type of information collection: Money Laundering Section (AFMLS) review and approval in accordance with New collection. will be submitting the following the Paperwork Reduction Act of 1995. (2) The title of the form/collection: information collection request to the The proposed collection of information Case Reporting Form For the Internet Office of Management and Budget is published to obtain comments from Crimes Against Children Task Forces. (OMB) for review and approval in the public and affected agencies. This (3) The agency form number, if any, accordance with the Paperwork proposed information collection was and the applicable component of the Reduction Act of 1995. The proposed previously published in the Federal department sponsoring the collection: information collection is published to Register [Volume 72, Number 141, page Form Number: none. Office of the obtain comments from the public and 40325 on July 24, 2007–29, 2007] Associate Attorney General, Department affected agencies. This proposed allowing for a 60-day comment period. of Justice. information collection was previously The purpose of this notice is to allow for (4) Affected public who will be asked published in the Federal Register an additional 30 days for public or required to respond, as well as a brief Volume 72, Number 141, pages 40323– comment until November 1, 2007. This abstract: Primary: Internet Crimes 40324 on July 24, 2007, allowing for a process is conducted in accordance with Against Children Task Forces receiving 60 day comment period. 5 CFR 1320.10. over $20,000 in federal grants. Other: The purpose of this notice is to allow All comments and suggestions, or none. The grants to ICACs were for an additional 30 days for public questions regarding additional authorized to make funds available to comment until November 1, 2007. This information, to include obtaining a copy help State and local law enforcement process is conducted in accordance with of the proposed information collection agencies enhance their investigative 5 CFR 1320.10. instrument with instructions, should be response to offenders who use the Written comments and/or suggestions directed to Currie Gunn, Office of the Internet, online communication regarding the items contained in this Associate Attorney General, Department systems, or other computer technology notice, especially the estimated public of Justice, 950 Pennsylvania Ave, NW., to sexually exploit children. burden and associated response time, Washington, DC 20530, or facsimile (5) An estimate of the total number of should be directed to The Office of (202) 514–0238. respondents and the amount of time Management and Budget, Office of Written comments and/or suggestions estimated for an average respondent to Information and Regulatory Affairs, regarding the items contained in this respond/reply: It is estimated that 45 Attention Department of Justice Desk notice, especially the estimated public respondents will complete the Officer, Washington, DC 20503. burden and associated response time, application in approximately 180 Additionally, comments may be should be directed to the Office of minutes. submitted to OMB via facsimile to (202) Management and Budget, Office of (6) An estimate of the total public 395–5806. Written comments and suggestions Information and Regulatory Affairs, burden (in hours) associated with the from the public and affected agencies Attention Department of Justice Desk collection: The estimated total annual concerning the proposed collection of Officer, Washington, DC 20503. public burden associated with this information are encouraged. Your Additionally, comments may be application is 135 hours. comments should address one or more submitted to OMB via facsimile to (202) If additional information is required of the following four points: 395–5806. contact: Lynn Bryant, Department —Evaluate whether the proposed Written comments and suggestions Clearance Officer, United States collection of information is necessary from the public and affected agencies Department of Justice, Justice for the proper performance of the concerning the proposed collection of Management Division, Policy and functions of the agency, including information are encouraged. Your Planning Staff, Patrick Henry Building, whether the information will have comments should address one or more Suite 1600, 601 D Street, NW., of the following four points: practical utility; Washington, DC 20530. —Evaluate the accuracy of the agencies —Evaluate whether the proposed Dated: September 26, 2007. estimate of the burden of the collection of information is necessary Lynn Bryant, proposed collection of information, for the proper performance of the Department Clearance Officer, PRA, U.S. including the validity of the functions of the agency, including Department of Justice. methodology and assumptions used; whether the information will have [FR Doc. E7–19440 Filed 10–1–07; 8:45 am] —Enhance the quality, utility, and practical utility; BILLING CODE 4410–21–P clarity of the information to be —Evaluate the accuracy of the agencies collected; and estimate of the burden of the —Minimize the burden of the collection proposed collection of information, DEPARTMENT OF JUSTICE of information on those who are to including the validity of the respond, including through the use of methodology and assumptions used; [OMB Number 1123–NEW] appropriate automated, electronic, —Enhance the quality, utility, and Criminal Division, Asset Forfeiture and mechanical, or her technological clarity of the information to be collection techniques or other forms collected; and Money Laundering Section; Agency Information Collection Activities: of information technology, e.g., —Minimize the burden of the collection permitting electronic submission of of information on those who are to Proposed Collection; Comments Requested responses. respond, including through the use of Overview of This Information appropriate automated, electronic, ACTION: 30-day notice of information Collection: mechanical, or other technological collection under review: Annual (1) Type of Information Collection: collection techniques or other forms Certification Report and Equitable Authorization and combination of two of information technology, e.g., Sharing Agreement. currently unapproved collections. permitting electronic submission of (2) Title of the Form/Collection: responses. The Department of Justice (DOJ), Annual Certification Report and Overview of this information: Criminal Division, Asset Forfeiture and Equitable Sharing Agreement.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56096 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
(3) Agency form number, if any, and the following information collection Department of Justice sponsoring the the applicable component of the request to the Office of Management and collection: Form Number: ATF F 8 Department of Justice sponsoring the Budget (OMB) for review and approval (5310.11). Bureau of Alcohol, Tobacco, collection: Form Number: N/A. Criminal in accordance with the Paperwork Firearms and Explosives. Division, Asset Forfeiture and Money Reduction Act of 1995. The proposed (4) Affected public who will be asked Laundering Section. information collection is published to or required to respond, as well as a brief (4) Affected public who will be asked obtain comments from the public and abstract: Primary: Business or other for- or required to respond, as well as a brief affected agencies. This proposed profit. Other: Individuals or households. abstract: Primary: Law Enforcement information collection was previously Abstract: The form is filed by the Agencies that participate in the Federal published in the Federal Register licensee desiring to renew a Federal Equitable Sharing Program. Other: Volume 72, Number 141, pages 40327– firearms license. It is used to identify None. The form is part of a voluntary 40328 on July 24, 2007, allowing for a the applicant, locate the business/ program in which law enforcement 60-day comment period. collection premises, identify the type of agencies receive forfeited assets and The purpose of this notice is to allow business/collection activity, and proceeds to further law enforcement for an additional 30 days for public determine the eligibility of the operations. The participating law comment until November 1, 2007. This applicant. enforcement agencies must account for process is conducted in accordance with (5) An estimate of the total number of their use of program funds on an annual 5 CFR 1320.10. respondents and the amount of time basis and renew their contract of Written comments and/or suggestions estimated for an average respondent to participation. DOJ uses this information regarding the items contained in this respond: There will be an estimated to ensure that the funds are spent in notice, especially the estimated public 35,000 respondents, who will complete accordance with the requirements of the burden and associated response time, the form within approximately 25 program. should be directed to The Office of minutes. (5) An estimate of the total number of Management and Budget, Office of (6) An estimate of the total burden (in respondents and the amount of time Information and Regulatory Affairs, hours) associated with the collection: estimated for an average respondent to Attention Department of Justice Desk There are an estimated 14,700 total respond: It is estimated that 8,729 Officer, Washington, DC 20503. burden hours associated with this respondents will complete a 30 minute Additionally, comments may be collection. form. submitted to OMB via facsimile to If additional information is required (6) An estimate of the total public (202)–395–5806. contact: Lynn Bryant, Department burden (in hours) associated with the Written comments and suggestions Clearance Officer, United States collection: from the public and affected agencies Department of Justice, Policy and (7) There are an estimated 43,652 concerning the proposed collection of Planning Staff, Justice Management annual total burden hours associated information are encouraged. Your Division, Suite 1600, Patrick Henry with this collection. comments should address one or more Building, 601 D Street, NW., If additional information is required of the following four points: Washington, DC 20530. contact: Lynn Bryant, Department —Evaluate whether the proposed Dated: September 26, 2007. Clearance Officer, United States collection of information is necessary Lynn Bryant, Department of Justice, Policy and for the proper performance of the Department Clearance Officer, PRA, United Planning Staff, Justice Management functions of the agency, including States Department of Justice. Division, Suite 1600, Patrick Henry whether the information will have [FR Doc. E7–19431 Filed 10–1–07; 8:45 am] Building, 601 D Street, NW., practical utility; Washington, DC 20530. —Evaluate the accuracy of the agencies BILLING CODE 4410–FY–P Dated: September 24, 2007. estimate of the burden of the Lynn Bryant, proposed collection of information, DEPARTMENT OF JUSTICE including the validity of the Department Clearance Officer, PRA, United States Department of Justice. methodology and assumptions used; Bureau of Alcohol, Tobacco, Firearms —Enhance the quality, utility, and and Explosives [FR Doc. E7–19442 Filed 10–1–07; 8:45 am] clarity of the information to be BILLING CODE 4410–14–P collected; and [OMB Number 1140–0018] —Minimize the burden of the collection Agency Information Collection of information on those who are to DEPARTMENT OF JUSTICE Activities: Proposed Collection; respond, including through the use of Comments Requested Bureau of Alcohol, Tobacco, Firearms, appropriate automated, electronic, and Explosives mechanical, or other technological ACTION: 30-day notice of information collection techniques or other forms collection under review: Application for [OMB Number 1140–0019] of information technology, e.g., License Under 18 U.S.C. Chapter 44, permitting electronic submission of Agency Information Collection Firearms. responses Activities: Proposed Collection; The Department of Justice (DOJ), Comments Requested Overview of This Information Collection: Bureau of Alcohol, Tobacco, Firearms ACTION: 30-Day Notice of Information (1) Type of Information Collection: and Explosives (ATF) will be submitting Collection Under Review: Federal Extension of a currently approved the following information collection Firearms License (FFL) RENEWAL collection. request to the Office of Management and Application. (2) Title of the Form/Collection: Budget (OMB) for review and approval Federal Firearms License (FFL) in accordance with the Paperwork The Department of Justice (DOJ), RENEWAL Application. Reduction Act of 1995. The proposed Bureau of Alcohol, Tobacco, Firearms, (3) Agency form number, if any, and information collection is published to and Explosives (ATF) will be submitting the applicable component of the obtain comments from the public and
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56097
affected agencies. This proposed abstract: Primary: Business or other for- July 24, 2007, allowing for a 60-day information collection was previously profit. Other: Individual or households. comment period. published in the Federal Register Abstract: Persons that intend to engage The purpose of this notice is to allow Volume 72, Number 141, pages 40326– in business as a firearms or ammunition for an additional 30 days for public 40327 on July 24, 2007, allowing for a importer or manufacturer, or dealer in comment until November 1, 2007. This 60-day comment period. firearms shall file an application with process is conducted in accordance with The purpose of this notice is to allow the required fee with ATF in accordance 5 CFR 1320.10. for an additional 30 days for public with the instructions on the form. The Written comments and/or suggestions comment until November 1, 2007. This information requested on the form regarding the items contained in this process is conducted in accordance with establishes eligibility for the license. notice, especially the estimated public 5 CFR 1320.10. The duration of the license is for a 3- burden and associated response time, Written comments and/or suggestions year period. should be directed to the Office of regarding the items contained in this (5) An estimate of the total number of Management and Budget, Office of notice, especially the estimated public respondents and the amount of time Information and Regulatory Affairs, burden and associated response time, estimated for an average respondent to Attention Department of Justice Desk should be directed to The Office of respond: There will be an estimated Officer, Washington, DC 20503. Management and Budget, Office of 13,000 respondents, who will complete Additionally, comments may be Information and Regulatory Affairs, the form within approximately 1 hour submitted to OMB via facsimile to (202) Attention: Department of Justice Desk and 15 minutes. 395–5806. Officer, Washington, DC 20503. (6) An estimate of the total burden (in Written comments and suggestions Additionally, comments may be hours) associated with the collection: from the public and affected agencies submitted to OMB via facsimile to (202)- There are an estimated 16,250 total concerning the proposed collection of 395–7285. burden hours associated with this information are encouraged. Your Written comments and suggestions collection. comments should address one or more from the public and affected agencies If additional information is required of the following four points: contact: Lynn Bryant, Department concerning the proposed collection of —Evaluate whether the proposed information are encouraged. Your Clearance Officer, United States Department of Justice, Policy and collection of information is necessary comments should address one or more for the proper performance of the of the following four points: Planning Staff, Justice Management Division, Suite 1600, Patrick Henry functions of the agency, including —Evaluate whether the proposed Building, 601 D Street, NW., whether the information will have collection of information is necessary Washington, DC 20530. practical utility; for the proper performance of the —Evaluate the accuracy of the agencies Dated: September 26, 2007. functions of the agency, including estimate of the burden of the whether the information will have Lynn Bryant, proposed collection of information, practical utility; Department Clearance Officer, PRA, United including the validity of the States Department of Justice. —Evaluate the accuracy of the agencies methodology and assumptions used; estimate of the burden of the [FR Doc. E7–19452 Filed 10–1–07; 8:45 am] —Enhance the quality, utility, and proposed collection of information, BILLING CODE 4410–FY–P clarity of the information to be including the validity of the collected; and methodology and assumptions used; —Minimize the burden of the collection DEPARTMENT OF JUSTICE —Enhance the quality, utility, and of information on those who are to clarity of the information to be Bureau of Alcohol, Tobacco, Firearms, respond, including through the use of collected; and and Explosives appropriate automated, electronic, —Minimize the burden of the collection mechanical, or other technological of information on those who are to [OMB Number 1140–0015] collection techniques or other forms respond, including through the use of of information technology, e.g., Agency Information Collection appropriate automated, electronic, permitting electronic submission of Activities: Proposed Collection; mechanical, or other technological responses. collection techniques or other forms Comments Requested of information technology, e.g., Overview of This Information ACTION: 30-day notice of information permitting electronic submission of Collection collection under review: Application for responses. Tax Exempt Transfer and Registration of (1) Type of Information Collection: Overview of This Information Firearm. Extension of a currently approved Collection: collection. (1) Type of Information Collection: The Department of Justice (DOJ), (2) Title of the Form/Collection: Extension of a currently approved Bureau of Alcohol, Tobacco, Firearms, Application for Tax Exempt Transfer collection. and Explosives (ATF) will be submitting and Registration of Firearm. (2) Title of the Form/Collection: the following information collection (3) Agency form number, if any, and Application for License Under 18 U.S.C. request to the Office of Management and the applicable component of the Chapter 44, Firearms. Budget (OMB) for review and approval Department of Justice sponsoring the (3) Agency form number, if any, and in accordance with the Paperwork collection: Form Number: ATF F 5 the applicable component of the Reduction Act of 1995. The proposed (5320.5). Bureau of Alcohol, Tobacco, Department of Justice sponsoring the information collection is published to Firearms and Explosives. collection: Form Number: ATF F 7 obtain comments from the public and (4) Affected public who will be asked (5310.12). Bureau of Alcohol, Tobacco, affected agencies. This proposed or required to respond, as well as a brief Firearms and Explosives. information collection was previously abstract: Primary: Business or other for- (4) Affected public who will be asked published in the Federal Register profit. Other: Individuals or households or required to respond, as well as a brief Volume 72, Number 141, page 40326 on and State, Local, or Tribal Government.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56098 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Abstract: ATF F 5 (5320.5) is used to comment until November 1, 2007. This determine the legality of the application apply for permission to transfer a process is conducted in accordance with under Federal, State and local law. National Firearms Act (NFA) firearm 5 CFR 1320.10. (5) An estimate of the total number of exempt from transfer tax bases on Written comments and/or suggestions respondents and the amount of time statutory exemptions. The information regarding the items contained in this estimated for an average respondent to on the form is used by NFA Branch notice, especially the estimated public respond: There will be an estimated personnel to determine the legality of burden and associated response time, 11,065 respondents, who will complete the application under Federal, State and should be directed to The Office of the form within approximately 4 hours. local law. Management and Budget, Office of (6) An estimate of the total burden (in (5) An estimate of the total number of Information and Regulatory Affairs, hours) associated with the collection: respondents and the amount of time Attention Department of Justice Desk There are an estimated 44,260 total estimated for an average respondent to Officer, Washington, DC 20503. burden hours associated with this respond: There will be an estimated Additionally, comments may be collection. 7,888 respondents, who will complete submitted to OMB via facsimile to (202) If additional information is required the form within approximately 4 hours. 395–5806. contact: Lynn Bryant, Department (6) An estimate of the total burden (in Written comments and suggestions Clearance Officer, United States hours) associated with the collection: from the public and affected agencies Department of Justice, Policy and There are an estimated 379,896 total concerning the proposed collection of Planning Staff, Justice Management burden hours associated with this information are encouraged. Your Division, Suite 1600, Patrick Henry collection. comments should address one or more Building, 601 D Street, NW., If additional information is required of the following four points: Washington, DC 20530. contact: Lynn Bryant, Department Dated: September 26, 2007. Clearance Officer, United States —Evaluate whether the proposed Lynn Bryant, Department of Justice, Policy and collection of information is necessary for the proper performance of the Department Clearance Officer, PRA, United Planning Staff, Justice Management States Department of Justice. Division, Suite 1600, Patrick Henry functions of the agency, including [FR Doc. E7–19463 Filed 10–1–07; 8:45 am] Building, 601 D Street, NW., whether the information will have Washington, DC 20530. practical utility; BILLING CODE 4410–FY–P —Evaluate the accuracy of the agencies Dated: September 26, 2007. estimate of the burden of the Lynn Bryant, proposed collection of information, DEPARTMENT OF JUSTICE Department Clearance Officer, PRA, United including the validity of the Bureau of Alcohol, Tobacco, Firearms, States Department of Justice. methodology and assumptions used; and Explosives [FR Doc. E7–19460 Filed 10–1–07; 8:45 am] —Enhance the quality, utility, and BILLING CODE 4410–FY–P clarity of the information to be [OMB Number 1140–0027] collected; and —Minimize the burden of the collection Agency Information Collection DEPARTMENT OF JUSTICE of information on those who are to Activities: Proposed Collection; Comments Requested Bureau of Alcohol, Tobacco, Firearms, respond, including through the use of appropriate automated, electronic, and Explosives ACTION: 30-day notice of information mechanical, or other technological collection under review: User—Limited [OMB Number 1140–0014] collection techniques or other forms Permit (Explosives) of information technology, e.g., Agency Information Collection permitting electronic submission of The Department of Justice (DOJ), Activities: Proposed Collection; responses. Bureau of Alcohol, Tobacco, Firearms, Comments Requested Overview of This Information and Explosives (ATF) will be submitting ACTION: 30-day notice of information Collection the following information collection collection under review: Application for request to the Office of Management and (1) Type of Information Collection: Tax Paid Transfer and Registration of Budget (OMB) for review and approval Extension of a currently approved Firearm. in accordance with the Paperwork collection. Reduction Act of 1995. The proposed The Department of Justice (DOJ), (2) Title of the Form/Collection: information collection is published to Bureau of Alcohol, Tobacco, Firearms, Application for Tax Paid Transfer and obtain comments from the public and and Explosives (ATF) will be submitting Registration of Firearm. affected agencies. This proposed the following information collection (3) Agency form number, if any, and information collection was previously request to the Office of Management and the applicable component of the published in the Federal Register Budget (OMB) for review and approval Department of Justice sponsoring the Volume 72, Number 141, page 40328 on in accordance with the Paperwork collection: Form Number: ATF F 4 July 24, 2007, allowing for a 60 day Reduction Act of 1995. The proposed (5320.4). Bureau of Alcohol, Tobacco, comment period. information collection is published to Firearms and Explosives. The purpose of this notice is to allow obtain comments from the public and (4) Affected public who will be asked for an additional 30 days for public affected agencies. This proposed or required to respond, as well as a brief comment until November 1, 2007. This information collection was previously abstract: Primary: Business or other for- process is conducted in accordance with published in the Federal Register profit. Other: Individuals or households. 5 CFR 1320.10. Volume 72, Number 141, page 40325– Abstract: ATF F 4 (5320.4) is required Written comments and/or suggestions 40326 on July 24, 2007, allowing for a to apply for the transfer and registration regarding the items contained in this 60-day comment period. of a National Firearms Act (NFA) notice, especially the estimated public The purpose of this notice is to allow firearm. The information on the form is burden and associated response time, for an additional 30 days for public used by NFA Branch personnel to should be directed to The Office of
VerDate Aug<31>2005 16:48 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56099
Management and Budget, Office of (6) An estimate of the total burden (in concerning the proposed collection of Information and Regulatory Affairs, hours) associated with the collection: information are encouraged. Your Attention Department of Justice Desk There are an estimated 218 total burden comments should address one or more Officer, Washington, DC 20503. hours associated with this collection. of the following four points: If additional information is required Additionally, comments may be —Evaluate whether the proposed submitted to OMB via facsimile to (202)- contact: Lynn Bryant, Department Clearance Officer, United States collection of information is 395–5806. necessary for the proper Written comments and suggestions Department of Justice, Policy and performance of the functions of the from the public and affected agencies Planning Staff, Justice Management agency, including whether the concerning the proposed collection of Division, Suite 1600, Patrick Henry information will have practical information are encouraged. Your Building, 601 D Street, NW., utility; comments should address one or more Washington, DC 20530. —Evaluate the accuracy of the agency’s of the following four points: Dated: September 26, 2007. —Evaluate whether the proposed estimate of the burden of the Lynn Bryant, proposed collection of information, collection of information is Department Clearance Officer, PRA, United necessary for the proper including the validity of the States Department of Justice. methodology and assumptions performance of the functions of the [FR Doc. E7–19466 Filed 10–1–07; 8:45 am] agency, including whether the used; BILLING CODE 4410–FY–P information will have practical —Enhance the quality, utility, and utility; clarity of the information to be —Evaluate the accuracy of the agencies DEPARTMENT OF JUSTICE collected; and estimate of the burden of the —Minimize the burden of the collection proposed collection of information, Bureau of Alcohol, Tobacco, Firearms, of information on those who are to including the validity of the and Explosives respond, including through the use methodology and assumptions [OMB Number 1140–0045] of appropriate automated, used; electronic, mechanical, or other —Enhance the quality, utility, and Agency Information Collection technological collection techniques clarity of the information to be Activities: Proposed Collection; or other forms of information collected; and Comments Requested technology, e.g., permitting —Minimize the burden of the collection electronic submission of responses. of information on those who are to ACTION: 30-day notice of information respond, including through the use collection under review: Permanent Overview of This Information of appropriate automated, Provisions of the Brady Handgun Collection electronic, mechanical, or other Violence Prevention Act. (1) Type of Information Collection: technological collection techniques Extension of a currently approved or other forms of information The Department of Justice (DOJ), collection. technology, e.g., permitting Bureau of Alcohol, Tobacco, Firearms, electronic submission of responses. and Explosives (ATF) will be submitting (2) Title of the Form/Collection: the following information collection Permanent Provisions of the Brady Overview of This Information request to the Office of Management and Handgun Violence Prevention Act. Collection Budget (OMB) for review and approval (3) Agency form number, if any, and (1) Type of Information Collection: in accordance with the Paperwork the applicable component of the Extension of a currently approved Reduction Act of 1995. The proposed Department of Justice sponsoring the collection. information collection is published to collection: Form Number: None. Bureau (2) Title of the Form/Collection: obtain comments from the public and of Alcohol, Tobacco, Firearms, and User—Limited Permit (Explosives). affected agencies. This proposed Explosives. (3) Agency form number, if any, and information collection was previously (4) Affected public who will be asked the applicable component of the published in the Federal Register, Department of Justice sponsoring the or required to respond, as well as a brief Volume 72, Number 141, pages 40328– abstract: Primary: Business or other for- collection: Form Number: ATF F 5400.6. 40329 on July 24, 2007, allowing for a Bureau of Alcohol, Tobacco, Firearms profit. Other: Individuals or households. 60-day comment period. Abstract: The information collection is and Explosives. The purpose of this notice is to allow submitted to implement the permanent (4) Affected public who will be asked for an additional 30 days for public provisions of the Brady Law. These or required to respond, as well as a brief comment until November 1, 2007. This provisions provide for the establishment abstract: Primary: Business or other for- process is conducted in accordance with of a national instant criminal profit. Other: none. Abstract: The User— 5 CFR 1320.10. Limited Permit is useful to the person Written comments and/or suggestions background check system (NICS) which making a one-time purchase from out- regarding the items contained in this requires that a firearms licensee must of-state. It is used one time only and is notice, especially the estimated public contact NICS before transferring any nonrenewable. The explosives burden and associated response time, firearm to unlicensed individuals. distributor makes entries on the form should be directed to the Office of Section 478.150 provides for an and returns the form to the permittee to Management and Budget, Office of alternative to NICS in certain prevent reuse of the permit. Information and Regulatory Affairs, geographical locations. (5) An estimate of the total number of Attention Department of Justice Desk (5) An estimate of the total number of respondents and the amount of time Officer, Washington, DC 20503. respondents and the amount of time estimated for an average respondent to Additionally, comments may be estimated for an average respondent to respond: There will be an estimated submitted to OMB via facsimile to (202) respond: It is estimated that 106,000 1,092 respondents, who will complete 395–5806. respondents will comply with the and retain the form within Written comments and suggestions provisions of the Brady Handgun approximately 12 minutes. from the public and affected agencies Violence Prevention Act.
VerDate Aug<31>2005 16:48 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56100 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
(6) An estimate of the total burden (in submitted to OMB via facsimile to (202) required to place markings on hours) associated with the collection: 395–7285. explosives, the burden hours are Since 1994, no licensee has qualified for Written comments and suggestions considered usual and customary. 5 CFR an exception from the provisions of from the public and affected agencies 1320.3(b)(2) states, there is no burden Brady based on geographical location. concerning the proposed collection of when the collection of information is Therefore, the total annual burden information are encouraged. Your usual and customary. associated with this information comments should address one or more (6) An estimate of the total burden (in collection is 1 hour. of the following four points: hours) associated with the collection: If additional information is required —Evaluate whether the proposed The estimated annual total burden contact: Lynn Bryant, Department collection of information is hours associated with this collection is Clearance Officer, United States necessary for the proper 1 hour. Department of Justice, Policy and performance of the functions of the If additional information is required Planning Staff, Justice Management agency, including whether the contact: Lynn Bryant, Department Division, Suite 1600, Patrick Henry information will have practical Clearance Officer, United States Building, 601 D Street, NW., utility; Department of Justice, Policy and Washington, DC 20530. —Evaluate the accuracy of the agency’s Planning Staff, Justice Management Dated: September 26, 2007. estimate of the burden of the Division, Suite 1600, Patrick Henry Building, 601 D Street, NW., Lynn Bryant, proposed collection of information, Washington, DC 20530. Department Clearance Officer, PRA, United including the validity of the States Department of Justice. methodology and assumptions Dated: September 26, 2007. [FR Doc. E7–19469 Filed 10–1–07; 8:45 am] used; Lynn Bryant, —Enhance the quality, utility, and BILLING CODE 4410–FY–P Department Clearance Officer, PRA, United clarity of the information to be States Department of Justice. collected; and [FR Doc. E7–19471 Filed 10–1–07; 8:45 am] —Minimize the burden of the collection DEPARTMENT OF JUSTICE BILLING CODE 4410–FY–P of information on those who are to Bureau of Alcohol, Tobacco, Firearms, respond, including through the use and Explosives of appropriate automated, DEPARTMENT OF JUSTICE electronic, mechanical, or other [OMB Number 1140–0055] technological collection techniques Bureau of Alcohol, Tobacco, Firearms, Agency Information Collection or other forms of information and Explosives technology, e.g., permitting Activities: Proposed Collection; [OMB Number 1140–0089] Comments Requested electronic submission of responses. Overview of This Information Agency Information Collection ACTION: 30-day notice of information Collection Activities: Proposed Collection; collection under review: Identification Comments Requested of Explosive Materials. (1) Type of Information Collection: Extension of a currently approved ACTION: 30-day notice of information The Department of Justice (DOJ), collection. collection under review: Open Letter to Bureau of Alcohol, Tobacco, Firearms, (2) Title of the Form/Collection: States With Permits That Appear To and Explosives (ATF) will be submitting Identification of Explosive Materials. Qualify as Alternatives to NICS Checks. the following information collection (3) Agency form number, if any, and request to the Office of Management and the applicable component of the The Department of Justice (DOJ), Budget (OMB) for review and approval Department of Justice sponsoring the Bureau of Alcohol, Tobacco, Firearms, in accordance with the Paperwork collection: Form Number: None. Bureau and Explosives (ATF) will be submitting Reduction Act of 1995. The proposed of Alcohol, Tobacco, Firearms, and the following information collection information collection is published to Explosives. request to the Office of Management and obtain comments from the public and (4) Affected public who will be asked Budget (OMB) for review and approval affected agencies. This proposed or required to respond, as well as a brief in accordance with the Paperwork information collection was previously abstract: Primary: Business or other for- Reduction Act of 1995. The proposed published in the Federal Register, profit. Other: none. Abstract: The information collection is published to Volume 71, Number 141, page 40329 on regulations at 27 CFR 555.109 require obtain comments from the public and July 24, 2007, allowing for a 60-day that manufacturers of explosive affected agencies. This proposed comment period. materials place marks of identification information collection was previously The purpose of this notice is to allow on the materials manufactured. Marking published in the Federal Register, for an additional 30 days for public of explosives enables law enforcement Volume 72, Number 141, page 40330 on comment until November 1, 2007. This entities to more effectively trace July 24, 2007, allowing for a 60-day process is conducted in accordance with explosives from the manufacturer comment period. 5 CFR 1320.10. through the distribution chain to the The purpose of this notice is to allow Written comments and/or suggestions end purchaser. This process is used as for an additional 30 days for public regarding the items contained in this a tool in criminal enforcement activities. comment until November 1, 2007. This notice, especially the estimated public (5) An estimate of the total number of process is conducted in accordance with burden and associated response time, respondents and the amount of time 5 CFR 1320.10. should be directed to the Office of estimated for an average respondent to Written comments and/or suggestions Management and Budget, Office of respond: There will be an estimated regarding the items contained in this Information and Regulatory Affairs, 1,563 respondents who will respond to notice, especially the estimated public Attention Department of Justice Desk this information collection. Estimated burden and associated response time, Officer, Washington, DC 20503. time for a respondent to respond is should be directed to the Office of Additionally, comments may be none. Because the manufacturers are Management and Budget, Office of
VerDate Aug<31>2005 17:11 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56101
Information and Regulatory Affairs, respondents, who will take 1 hour to Written comments and suggestions Attention Department of Justice Desk prepare a written response to ATF. from the public and affected agencies Officer, Washington, DC 20503. (6) An estimate of the total burden (in concerning the proposed collection of Additionally, comments may be hours) associated with the collection: information are encouraged. Your submitted to OMB via facsimile to (202) There are an estimated 21 total burden comments should address one or more 395–7285. hours associated with this collection. of the following four points: Written comments and suggestions If additional information is required —Evaluate whether the proposed from the public and affected agencies contact: Lynn Bryant, Department collection of information is concerning the proposed collection of Clearance Officer, United States necessary for the proper information are encouraged. Your Department of Justice, Information performance of the functions of the comments should address one or more Management and Security Staff, Justice agency, including whether the of the following four points: Management Division, Suite 1600, information will have practical Patrick Henry Building, 601 D Street, —Evaluate whether the proposed utility; NW., Washington, DC 20530. collection of information is —Evaluate the accuracy of the agencies necessary for the proper Dated: September 26, 2007. estimate of the burden of the performance of the functions of the Lynn Bryant, proposed collection of information, agency, including whether the Department Clearance Officer, PRA, United including the validity of the information will have practical States Department of Justice. methodology and assumptions utility; [FR Doc. E7–19473 Filed 10–1–07; 8:45 am] used; —Enhance the quality, utility, and —Evaluate the accuracy of the agencies BILLING CODE 4410–FY–P estimate of the burden of the clarity of the information to be proposed collection of information, collected; and including the validity of the DEPARTMENT OF JUSTICE —Minimize the burden of the collection methodology and assumptions of information on those who are to used; Bureau of Alcohol, Tobacco, Firearms, respond, including through the use and Explosives —Enhance the quality, utility, and of appropriate automated, electronic, mechanical, or other clarity of the information to be [OMB Number 1140–0091] collected; and technological collection techniques or other forms of information —Minimize the burden of the collection Agency Information Collection technology, e.g., permitting of information on those who are to Activities: Proposed Collection; electronic submission of responses. respond, including through the use Comments Requested of appropriate automated, Overview of This Information ACTION: 30-day notice of information electronic, mechanical, or other Collection collection under review: Customer technological collection techniques Satisfaction Surveys. (1) Type of Information Collection: or other forms of information Extension of a currently approved technology, e.g., permitting The Department of Justice (DOJ), collection. electronic submission of responses. Bureau of Alcohol, Tobacco, Firearms, (2) Title of the Form/Collection: Overview of This Information and Explosives (ATF) will be submitting Customer Satisfaction Surveys. Collection the following information collection (3) Agency form number, if any, and request to the Office of Management and the applicable component of the (1) Type of Information Collection: Budget (OMB) for review and approval Department of Justice sponsoring the Extension of a currently approved in accordance with the Paperwork collection: Form Number: None. Bureau collection. Reduction Act of 1995. The proposed of Alcohol, Tobacco, Firearms and (2) Title of the Form/Collection: Open information collection is published to Explosives. Letter to States With Permits That obtain comments from the public and (4) Affected public who will be asked Appear to Qualify as Alternatives to affected agencies. This proposed or required to respond, as well as a brief NICS Checks. information collection was previously abstract: Primary: Business or other for- (3) Agency form number, if any, and published in the Federal Register profit. Other: none. Abstract: The Arson the applicable component of the Volume 72, Number 141, pages 40330– and Explosives Programs Division Department of Justice sponsoring the 40331 on July 24, 2007, allowing for a (AEPD) of the Bureau of Alcohol, collection: Form Number: None. Bureau 60-day comment period. Tobacco, Firearms and Explosives had of Alcohol, Tobacco, Firearms and The purpose of this notice is to allow program-specific customer satisfaction Explosives. for an additional 30 days for public surveys developed to more effectively (4) Affected public who will be asked comment until November 1, 2007. This capture customer perception/ or required to respond, as well as a brief process is conducted in accordance with satisfaction of services. AEPD’s strategy abstract: Primary: State, Local, or Tribal 5 CFR 1320.10. is based on a commitment to provide Government. Other: none. Abstract: The Written comments and/or suggestions the kind of customer service that will purpose of this information collection is regarding the items contained in this better accomplish ATF’s mission. to ensure that only State permits that notice, especially the estimated public (5) An estimate of the total number of meet the statutory requirements burden and associated response time, respondents and the amount of time contained in the Gun Control Act should be directed to the Office of estimated for an average respondent to qualify as alternatives to a National Management and Budget, Office of respond: It is estimated that 500 Instant Criminal Background Check Information and Regulatory Affairs, respondents will complete a 15-minute System (NICS) check. Attention Department of Justice Desk survey. (5) An estimate of the total number of Officer, Washington, DC 20503. (6) An estimate of the total burden (in respondents and the amount of time Additionally, comments may be hours) associated with the collection: estimated for an average respondent to submitted to OMB via facsimile to (202) There are an estimated 125 total burden respond: There will be an estimated 21 395–5806. hours associated with this collection.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56102 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
If additional information is required Representative (ODL), 2401 Jefferson publication in the Federal Register. In contact: Lynn Bryant, Department Davis Highway, Alexandria, Virginia order to ensure the appropriate Clearance Officer, United States 22301; and must be filed no later than consideration, comments should Department of Justice, Policy and November 1, 2007. reference the OMB Control Number (see Planning Staff, Justice Management This procedure is to be conducted below). Division, Suite 1600, Patrick Henry simultaneously with, and independent The OMB is particularly interested in Building, 601 D Street, NW., of, the procedures described in 21 CFR comments which: Washington, DC 20530. 1301.34(b), (c), (d), (e) and (f). As noted in a previous notice published in the • Evaluate whether the proposed Dated: September 26, 2007. Federal Register on September 23, 1975, collection of information is necessary Lynn Bryant, (40 FR 43745–46), all applicants for for the proper performance of the Department Clearance Officer, PRA, United registration to import a basic class of States Department of Justice. functions of the agency, including any controlled substances in schedule I whether the information will have [FR Doc. E7–19475 Filed 10–1–07; 8:45 am] or II are and will continue to be required practical utility; BILLING CODE 4410–FY–P to demonstrate to the Deputy Assistant • Administrator, Office of Diversion Evaluate the accuracy of the Control, Drug Enforcement agency’s estimate of the burden of the DEPARTMENT OF JUSTICE Administration, that the requirements proposed collection of information, including the validity of the Drug Enforcement Administration for such registration pursuant to 21 U.S.C. 958(a); 21 U.S.C. 823(a); and 21 methodology and assumptions used; Importer of Controlled Substances; CFR 1301.34(b), (c), (d), (e), and (f) are • Enhance the quality, utility, and Notice of Application satisfied. clarity of the information to be Dated: September 24, 2007. collected; and Pursuant to 21 U.S.C. 958(i), the • Attorney General shall, prior to issuing Joseph T. Rannazzisi, Minimize the burden of the a registration under this Section to a Deputy Assistant Administrator, Office of collection of information on those who Diversion Control, Drug Enforcement are to respond, including through the bulk manufacturer of a controlled Administration. substance in schedule I or II and prior use of appropriate automated, [FR Doc. E7–19360 Filed 10–1–07; 8:45 am] to issuing a registration under 21 U.S.C. electronic, mechanical, or other 952(a)(2) authorizing the importation of BILLING CODE 4410–09–P technological collection techniques or such a substance, provide other forms of information technology, manufacturers holding registrations for e.g., permitting electronic submission of the bulk manufacture of the substance DEPARTMENT OF LABOR responses. an opportunity for a hearing. Office of the Secretary Agency: Employment Standards Therefore, in accordance with Title 21 Administration. Code of Federal Regulations (CFR), Submission for OMB Review: Type of Review: Extension without 1301.34(a), this is notice that on August Comment Request 27, 2007, ISP Freetown Fine Chemicals, change of currently approved collection. 238 South Main Street, Assonet, September 26, 2007. Title: Applications to Employ Special Massachusetts 02702, made application The Department of Labor (DOL) Industrial Homeworkers and Workers by renewal to the Drug Enforcement hereby announces the submission of the with Disabilities. Administration (DEA) to be registered as following public information collection an importer of Phenylacetone (8501), a request (ICR) to the Office of OMB Control Number: 1215–0005. basic class of controlled substance listed Management and Budget (OMB) for Form Numbers: WH–2; WH–226; and in schedule II. review and approval in accordance with WH–226A. The company plans to import the the Paperwork Reduction Act of 1995 Estimated Number of Annual Phenylacetone to manufacture (Pub. L. 104–13, 44 U.S.C. chapter 35). Respondents: 3,050. Amphetamine. A copy of this ICR, with applicable Any bulk manufacturer who is supporting documentation; including Estimated Total Annual Burden presently, or is applying to be, among other things a description of the Hours: 9,025. registered with DEA to manufacture likely respondents, proposed frequency Total Estimated Annual Cost Burden: such basic class of controlled substance of response, and estimated total burden $1,342. may file comments or objections to the may be obtained from the RegInfo.gov Affected Public: Private Sector: issuance of the proposed registration Web site at http://www.reginfo.gov/ Business or other for-profits. and may, at the same time, file a written public/do/PRAMain or by contacting request for a hearing on such Darrin King on 202–693–4129 (this is Description: This information is application pursuant to 21 CFR 1301.43 not a toll-free number)/e-mail: necessary to determine whether and in such form as prescribed by 21 [email protected]. respondents will be authorized to pay CFR 1316.47. Comments should be sent to Office of subminimum wages to handicapped Any such comments or objections Information and Regulatory Affairs, individuals and employ homeworkers being sent via regular mail should be Attn: Carolyn Lovett, OMB Desk Officer in the restricted industries under the addressed, in quintuplicate, to the Drug for the Employment Standards provisions of sections 11(d) and 14(c) of Enforcement Administration, Office of Administration (ESA), Office of the Fair Labor Standards Act. Diversion Control, Federal Register Management and Budget, Room 10235, Representative (ODL), Washington, DC Washington, DC 20503, Telephone: Darrin A. King, 20537, or any being sent via express 202–395–7316/Fax: 202–395–6974 Acting Departmental Clearance Officer. mail should be sent to Drug (these are not a toll-free numbers), e- [FR Doc. E7–19344 Filed 10–1–07; 8:45 am] _ Enforcement Administration, Office of mail: OIRA [email protected] BILLING CODE 4510–27–P Diversion Control, Federal Register within 30 days from the date of this
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56103
DEPARTMENT OF LABOR concerning the proposed revision of the to $100,000, the dollar amount of the currently approved information contract that subjects a Federal Office of the Secretary collection request for the ‘‘Federal contractor to the requirement to report Contractor Veterans’’ Employment on veterans’ employment; and (2) Senior Executive Service; Appointment Report VETS–100’’ to include the changed the categories of covered of Members to the Performance ‘‘Federal Contractor Veterans’’ veterans under VEVRAA, and thus the Review Board Employment Report VETS–100A.’’ A categories of veterans that contractors Title 5 U.S.C. 4314(c)(4) provides that copy of the proposed information are required to track and report on Notice of the Appointment of an collection request can be obtained by annually. individual to serve as a member of the contacting the office listed below in the The JVA amendments to the reporting Performance Review Board of the Senior ADDRESSES section of this Notice. requirements under VEVRAA apply Executive Service shall be published in DATES: Written comments must be only to contracts entered into on or after the Federal Register. submitted to the office listed in the December 1, 2003. Some contractors The following individuals are hereby ADDRESSES section below on or before have Government contracts that were appointed to a three-year term on the December 3, 2007. entered into before December 1, 2003, Department’s Performance Review ADDRESSES: Comments are to be and are still subject to the reporting Board: submitted to Robert Wilson, Chief, requirements in 41 CFR part 61–250. Cheryl Atkinson. Division of Investigation and Therefore, VETS has determined that it Michael Connors. Compliance, VETS, U.S. Department of will be necessary to maintain two sets Patrick Pizzella. Labor, Room S–1316, 200 Constitution of regulations to implement the Avenue, NW., Washington, DC 20210. reporting requirements under VEVRAA, For Further Information Contact: Ms. and use two different forms for Andrea Burckman, Director, Office of Electronic transmission is the preferred method for submitting comments. E- providing the required information on Executive Resources and Personnel the employment of covered veterans. Security, Room C5508, U.S. Department mail may be sent to FCP–PRA–04– On August 8, 2006, VETS published of Labor, Frances Perkins Building, 200 [email protected]. Include ’’VETS–100A’’ a Notice of Proposed Rulemaking Constitution Avenue, NW., Washington, in the subject line of the message. (NPRM), (71 FR 44945), to implement DC 20210, telephone: (202) 693–7628. Written comments of 10 pages or fewer also may be transmitted by facsimile to the changes made by JVA to the Signed at Washington, DC, this 21st day of (202) 693–4755 (this is not a toll free reporting requirements under VEVRAA. September, 2007. number). Receipt of submissions, The NPRM proposed to adopt a new set Elaine L. Chao, whether by U.S. Mail, e-mail or FAX of regulations that would be codified in Secretary of Labor. transmittal, will not be acknowledged; a new 41 CFR part 61–300. The NPRM [FR Doc. 07–4853 Filed 10– 1–07; 8:45 am] however, the sender may request also proposed to adopt a new form for BILLING CODE 4510–23–P confirmation that a submission has been reporting the information on veterans’ received, by telephoning VETS at (202) employment required by the JVA 693–4719 (VOICE) (this is not a toll-free amendments to VEVRAA and name it DEPARTMENT OF LABOR number) or (202) 693–4753 (TTY/TDD). the Federal Contractor Veterans’ SUPPLEMENTARY INFORMATION: Employment Report VETS–100A. The Veterans’ Employment Training existing regulations at 41 CFR part 60– Service I. Background 250 and the VETS–100 reporting requirements will continue to apply to Proposed Collection; Comment The Vietnam Era Veterans’ Government contracts entered into Request; Federal Contractor Veterans’ Readjustment Assistance Act of 1974 before December 1, 2003. Employment Reports VETS–100 and (‘‘VEVRAA’’), 38 U.S.C. 4212(d), VETS–100A requires Federal contractors and II. Desired Focus of Comments subcontractors subject to the Act’s Currently VETS is soliciting ACTION: Notice. affirmative action provisions in 38 U.S.C. 4212(a) to track and report comments concerning the proposed SUMMARY: The Department of Labor, as annually to the Secretary of Labor the revision of the currently approved part of its continuing effort to reduce number of employees in their information collection request to paperwork and respondent burden, workforces, by job category and hiring include the ‘‘Federal Contractor conducts a pre-clearance consultation location, who belong to the specified Veterans’ Employment Report VETS– program to provide the general public categories of covered veterans. VETS 100A.’’ The Department of Labor is and Federal agencies with an has issued regulations set forth in 41 particularly interested in comments opportunity to comment on proposed CFR part 61–250 that currently require which: and/or continuing collections of contractors to use the Federal Contractor • Evaluate whether the proposed information in accordance with the Veterans’ Employment Report VETS– collection of information is necessary Paperwork Reduction Act of 1995 100 (‘‘VETS–100 Report’’) form for for the proper performance of the (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This reporting information on the number of functions of the agency, including program helps to ensure that requested covered veterans in their workforces. whether the information will have data can be provided in the desired The VETS–100 Report is currently practical utility; format, reporting burden (time and approved under OMB No. 1293–0005. • evaluate the accuracy of the financial resources) is minimized, The Jobs for Veterans Act (JVA) (Pub. agency’s estimate of the burden of the collection instruments are clearly L. 107–288), which was enacted in proposed collection of information, understood, and the impact of collection 2002, amended VEVRAA by making two including the validity of the requirements on respondents can be changes to the reporting requirements methodology and assumptions used; properly assessed. Currently, the applicable to contracts entered into on • enhance the quality, utility and Veterans’ Employment and Training or after December 1, 2003. The JVA clarity of the information to be Service (VETS) is soliciting comments amendments: (1) Increased from $25,000 collected; and
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56104 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
• minimize the burden of the Veterans’ Employment Report VETS– before December 1, 2003, that are collection of information on those who 100A in order to carry out its required to comply with the affirmative are to respond, including through the responsibilities to administer and action provisions of the Vietnam Era use of appropriate automated, enforce compliance with the contractor Veterans’ Readjustment Assistance Act. electronic, mechanical, or other reporting requirements under VEVRAA, Title: Federal Contractor Veterans’ technological collection techniques or as amended by the JVA. Report VETS–100A. Type of Review: Revision of currently other forms of information technology, OMB Number: 1293–0005. approved collection. e.g., permitting electronic submissions Affected Public: Government of responses. Agency: Veterans’ Employment and Training Service. contractors and subcontractors with a III. Current Actions Title: Federal Contractor Veterans’ contract of $100,000 or more entered Report VETS–100. into or modified on or after December 1, The Department of Labor seeks OMB Number: 1293–0005. 2003, that are required to comply with approval of the revision of the currently Affected Public: Government the affirmative action provisions of the approved information collection request contractors and subcontractors with a Vietnam Era Veterans’ Readjustment to include the Federal Contractor contract of $25,000 or more entered into Assistance Act.
FEDERAL CONTRACTOR VETERANS’ VETS–100 AND VETS–100A OMB NUMBER: 1293–0005
Both VETS–100 VETS– Submission from Federal contractors VETS–100 only VETS–100A only 100A Total reporting
Total Respondents ...... 6,000 ...... 10,000 ...... 4,000 ...... 20,000 Total Annual Responses ...... 66,000 ...... 110,000 ...... 88,000 ...... 264,000 Avg. Paper Response (35%) ...... 1 hr ...... 1 hr ...... 45 min ...... Avg. Electronic Response (65%) ...... 30 min ...... 30 min ...... 15 min ...... Burden Hours . Paper ...... 23,100 ...... 38,500 ...... 23,100* ...... 84,700 Electronic ...... 21,450 ...... 35,750 ...... 14,300** ...... 71,500
. Total Filing Burden Hours ...... 44,550 ...... 74,250 ...... 37,400 ...... 156,200 One-Time Implementation Burden (VETS–100) 308,000 ...... 308,000
. Total Filing Burden Cost ...... $712,800 ...... $1,188,000 ...... $598,400 ...... $2,499,200 One Time Implementation Burden Cost (VETS– $0 ...... $4,180,000 ...... $1,672,000 ...... $5,852,000 100A). *Paper both 88,000*.35 x 0.75 = 23,100. **Electronic both: 88,000 x 0.65 x 0.25 = 14,300.
Comments submitted in response to DATES: October 2, 2007. NATIONAL CREDIT UNION this notice will be summarized and/or ADMINISTRATION FOR FURTHER INFORMATION CONTACT: included in the request for Office of Management and Budget approval of the Marion Hines, Human Resources Agency Information Collection information collection request; they will Director, Office of Finance and Activities: Submission to OMB for also become a matter of public record. Administrative Management, Merit Review; Comment Request Systems Protection Board, 1615 M Dated: September 25, 2007. Street, NW., Washington, DC 20419. AGENCY: National Credit Union John M. McWilliam, Administration (NCUA). SUPPLEMENTARY INFORMATION: The Merit Deputy Assistant Secretary, Veterans’ ACTION: Request for comment. Employment and Training. Systems Protection Board is publishing [FR Doc. E7–19331 Filed 10–1–07; 8:45 am] the names of the new and current SUMMARY: The NCUA intends to submit BILLING CODE 4510–79–P members of the Performance Review the following information collection to Board (PRB) as required by 5 U.S.C. the Office of Management and Budget 4314(c)(4). Deborah Miron will continue (OMB) for review and clearance under MERIT SYSTEMS PROTECTION to serve as Chair of the PRB. B. Chad the Paperwork Reduction Act of 1995 BOARD Bungard will serve as a new member. (Pub. L. 104–13, 44 U.S.C. Chapter 35). An-Ming ‘‘Tommy’’ Hwang and Gail T. This information collection is published Membership of the Merit Systems Lovelace, General Services to obtain comments from the public. Protection Board’s Senior Executive Administration, will continue to serve DATES: Comments will be accepted until Service; Performance Review Board as members. December 3, 2007. AGENCY: Merit Systems Protection Dated: September 25, 2007. ADDRESSES: Interested parties are Board. Matthew D. Shannon, invited to submit written comments to ACTION: Notice. Acting Clerk of the Board. NCUA Clearance Officer listed below: [FR Doc. E7–19347 Filed 10–1–07; 8:45 am] Clearance Officer: Mr. Neil SUMMARY: Notice is hereby given of the McNamara, National Credit Union members of the Performance Review BILLING CODE 7401–01–P Administration, 1775 Duke Street, Board. Alexandria, Virginia 22314–3428, Fax
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56105
No. (703) 837–2861, E-mail: DATES: October 23–24, 2007. the Director’s term of appointment and [email protected]. Time: October 23 from 8:30 a.m.–5 performance. The discussion is likely to FOR FURTHER INFORMATION CONTACT: p.m.; October 24 from 8:30 a.m.–2 p.m.; disclose information of a personal Requests for additional information or a closed session October 24 from 8:30 nature where disclosure would copy of the information collection a.m.–9:30 a.m. constitute a clearly unwarranted request should be directed to Tracy ADDRESSES: On October 23: Potomac invasion of personnel privacy. The Sumpter at the National Credit Union Center Plaza, 550 12th Street, SW., discussion must therefore be held in Administration, 1775 Duke Street, Room 11139 (Auditorium), Washington, closed session under exemptions 2 and Alexandria, VA 22314–3428, or at (703) DC 20024. The general public is advised 6 of the Government in the Sunshine 518–6444. to notify Steve Langley no later than Act, 5 U.S.C. 552b(c)(2) and (6). A SUPPLEMENTARY INFORMATION: Proposal October 18, 2007 to attend the first day summary of the activities at the closed for the following collection of of the meeting at the U.S. Department of session and related matters that are information: Education. Mr. Langley can be reached informative to the public and consistent OMB Number: 3133–0101. at telephone number (202) 233–2043 or with the policy of 5 U.S.C. 552b will be Form Number: N/A. by e-mail at [email protected]. All available to the public within 14 days of Type of Review: Extension of a attendees must have valid photo the meeting. currently approved collection. identification. Individuals who will need Title: 12 CFR 723.5—Develop written ADDRESSES: On October 24: 1775 I St., loan policies—and 723.11—Provide NW., Suite 730, Washington, DC 20006. accommodations for a disability in order to attend the meeting (e.g., interpreting waiver requests. FOR FURTHER INFORMATION CONTACT: services, assistance listening devices, or Description: The general purpose of Steve Langley, Staff Assistant, the the requirements imposed by the rule is National Institute for Literacy; 1775 I materials in alternative format) should to ensure that loans are made, St., NW., Suite 730; phone: (202) 233– notify Steve Langley at (202) 233–2043 documented, and accounted for 2043; fax: (202) 233–2050; e-mail: no later than October 12, 2007. We will properly and for the ultimate protection [email protected]. attempt to meet requests for of the National Credit Union Share Individuals who use a accommodations after this date but Insurance Fund. Respondents are telecommunications device for the deaf cannot guarantee their availability. The federally insured credit unions who (TDD) may call the Federal Information meeting site is accessible to individuals make business loans as defined in the Relay Service (FRS) at 1–800–877–8339. with disabilities. regulation. SUPPLEMENTARY INFORMATION: The Request for Public Written Comment: Respondents: Federally Insured Credit National Institute for Literacy Advisory The public may send written comments Unions. Board is authorized by section 242 of Estimated No. of Respondents/ to the Advisory Board no later than 5 the Workforce Investment Act of 1998, Recordkeepers: 1,500. p.m. on October 15, 2007, to Steve Estimated Burden Hours per Public Law 105–220 (20 U.S.C. 9252). Langley at the National Institute for Response: 4 hours. The Board consists of 10 individuals Literacy, 1775 I St., NW., Suite 730, Frequency of Response: appointed by the President with the Washington, DC 20006, e-mail: Recordkeeping. advice and consent of the Senate. The [email protected]. Board advises and makes Estimated Total Annual Burden Records are kept of all Committee recommendations to the Interagency Hours: 6000 hours. proceedings and are available for public Estimated Total Annual Cost: $0. Group that administers the Institute. The Interagency Group is composed of inspection at the National Institute for By the National Credit Union Literacy, 1775 I St., NW., Suite 730, Administration Board on September 26, the Secretaries of Education, Labor, and Health and Human Services. The Washington, DC 20006, from the hours 2007. of 9 a.m. to 5 p.m., Eastern Standard Mary Rupp, Interagency Group considers the Board’s recommendations in planning the goals Time Monday through Friday. Secretary of the Board. of the Institute and in implementing any Electronic Access to This Document: [FR Doc. E7–19388 Filed 10–1–07; 8:45 am] programs to achieve those goals. You may view this document, as well as BILLING CODE 7535–01–P Specifically, the Board performs the all other documents of this Department following functions: published in the Federal Register, in (a) Makes recommendations text or Adobe Portable Document NATIONAL INSTITUTE FOR LITERACY concerning the appointment of the Format (PDF) on the Internet at the Director and the staff of the Institute; (b) National Institute for Literacy Advisory following site: http://www.ed.gov/news/ provides independent advice on Board federegister. operation of the Institute; and (c) To use PDF you must have Adobe receives reports from the Interagency AGENCY: National Institute for Literacy. Acrobat Reader, which is available free Group and the Institute’s Director. ACTION: Notice of an open meeting with at this site. If you have questions about a closed session. The purpose of this meeting is to discuss the Institute’s future and current using PDF, call the U.S. Government SUMMARY: This notice sets forth the program priorities; status of ongoing Printing Office (GPO), toll free at 1–888– schedule and proposed agenda of an Institute work; other relevant literacy 293–6498; or in the Washington, DC, upcoming open meeting of the National activities and issues; and other Board area at (202) 512–1530. Institute for Literacy Advisory Board. business as necessary. Note: The official version of this document The notice also describes the functions On October 24, 2007 from 8:30 a.m. to is the document published in the Federal of the Committee. Notice of this meeting 9:30 a.m., the Board meeting will meet Register. Free Internet access to the official is required by section 10(a)(2) of the in closed session to discuss personnel edition of the Federal Register and the Code Federal Advisory Committee Act and is issues. This discussion relates to the of Federal Regulations is available on GPO intended to notify the public of its internal personnel rules and practices of Access at: http://www.gpoaccess.gov/nara/ opportunity to attend. the Institute, including consideration of index.html.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56106 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Dated: September 26, 2007. Type of Meeting: Open. Collaboration with the NSF Education and Sandra Baxter, Contact Person: James Colby, National Human, Resources Directorate, Impact of Science Foundation, 4201 Wilson Boulevard, Director, The National Institute for Literacy. Proposal and Award Management Arlington, VA 22230, (703) 292–5331. Mechanisms Report, NSF Broadening [FR Doc. E7–19380 Filed 10–1–07; 8:45 am] If you are attending the meeting and need Participation Working Group, International BILLING CODE 6055–01–P access to the NSF, please contact the Cooperation with Developing Countries, individual listed above so your name may be Partnerships for International Research and added to the building access list. Education, Cooperation with the Department NATIONAL SCIENCE FOUNDATION Purpose of Meeting: To provide advice of State. with respect to the Foundation’s education Advisory Committee for Computer and and human resources programming. Dated: September 26, 2007. Susanne Bolton, Information Science and Engineering; Agenda Notice of Meeting Committee Management Officer. Wednesday, November 7, 2007 [FR Doc. E7–19357 Filed 10–1–07; 8:45 am] In accordance with the Federal Assistant Director’s Remarks BILLING CODE 7555–01–P Advisory Committee Act (Pub. L. 92– Issue Discussion: Broadening Participation 463, as amended), the National Science to Improve Workforce. Development Foundation announces the following Issue Discussion: Enriching the Education NUCLEAR REGULATORY meeting: of STEM Teachers Issue Discussion: Furthering Public COMMISSION Name: Advisory Committee for Computer Understanding of Science and and Information Science and Engineering— Advancing STEM Literacy Sunshine Federal Register Notice (1115). Date and Time: October 19, 2007, 7:30 Thursday, November 8, 2007 DATE: Weeks of October 1, 8, 15, 22, 29, a.m.–3:30 p.m. Issue Discussion: Promoting Learning November 5, 2007. Place: The National Science Foundation, Through Research and Evaluation 4201 Wilson Blvd., room 1235, Arlington, VA PLACE: Commissioners’ Conference Issue Discussion: Promoting Cyber-Enabled Room, 11555 Rockville Pike, Rockville, 22230. Learning Strategies to Enhance STEM Type of Meeting: Open. Education Maryland. Contact Person: Maggie Whiteman, Office Review and Acceptance of Committee of STATUS: Public and closed. of the Assistant Director, Directorate for Visitor Reports MATTERS TO BE CONSIDERED: Computer and Information Science and Future Issues for Consideration Engineering, National Science Foundation, Week of October 1, 2007 4201 Wilson Blvd., Suite 1105, Arlington, VA Dated: September 26, 2007. 22230. Telephone: (703) 292–8900. Susanne Bolton, Wednesday, October 3, 2007 Minutes: May be obtained from the contact Committee Management Officer. 2 p.m. person listed above. [FR Doc. E7–19356 Filed 10–1–07; 8:45 am] Purpose of Meeting: To discuss strategic Briefing on NRC’s International priorities in computing. To advise NSF on BILLING CODE 7555–01–P Programs, Performance, and Plans the impact of its policies, programs and (Public Meeting) (Contact: Karen activities on the CISE community. To provide Henderson, 301–415–0202). NATIONAL SCIENCE FOUNDATION advice to the Assistant Director/CISE on This meeting will be webcast live at issues related to long-range planning, and to the Web address—http://www.nrc.gov. form ad hoc subcommittees to carry out Advisory Committee for International needed studies and tasks. Science and Engineering Friday, October 5, 2007 Agenda: Report from the Assistant Director. Discussion of research, education, Notice of Meeting 10 a.m. diversity, workforce issues in IT and long- Affirmation Session (Public Meeting) range funding outlook. In accordance with Federal Advisory (Tentative) Committee Act (Pub. L. 92–463, as a. PPL Susquehanna LLC (Susquehanna Dated: September 26, 2007 amended), the National Science Steam Electric Station, Units 1 and Susanne Bolton, Foundation announces the following 2) Extended Power Uprate—Eric Committee Management Officer. Meeting: Joseph Epstein’s Appeal of LBP–07– [FR Doc. E7–19355 Filed 10–1–07; 8:45 am] Name: Advisory Committee for 10 (Tentative). BILLING CODE 7555–01–P International Science and Engineering (25104). Week of October 8, 2007—Tentative Date and Time: October 29, 2007; 8 a.m. There are no meetings scheduled for NATIONAL SCIENCE FOUNDATION to 6 p.m. the week of October 8, 2007. Place: National Science Foundation, 4201 Advisory Committee for Education and Wilson Boulevard, Room 375, Arlington, Week of October 15, 2007—Tentative Human Resources; Notice of Meeting Virginia. Type of Meeting: Open. There are no meetings scheduled for In accordance with Federal Advisory For Further Information Contact: Eduardo the week of October 15, 2007. Committee Act (Pub. L. 92–463, as Feller, National Science Foundation, 4201 Week of October 22, 2007—Tentative amended), the National Science Wilson Boulevard, Room 935, Arlington, VA Foundation announces the following 22230, (703) 292–8710. Wednesday, October 24, 2007 meeting: If you are attending the meeting and need access to the NSF, please contact the 9:30 a.m. Name: Advisory Committee for Education individual listed above so that your name Periodic Briefing on New Reactor and Human Resources (#1119). may be added to the building access list. Issues, Part 1 (Public Meeting) Date/Time: November 7, 2007; 8:30 a.m. to Purpose of Meeting: To provide advice on (Contact: Roger Rihm, 301–415– 5 p.m., November 8, 2007; 8:30 a.m. to 12 the programs and plans of the Office of 7807). p.m. International Science and Engineering Place: National Science Foundation (OISE). This meeting will be webcast live at Headquarters, Conference Room 1235, 4201 Agenda: Update on OISE Activities, the Web address—http://www.nrc.gov. Wilson Boulevard, Arlington, VA 22230. Reflections on the OISE Role in NSF, OISE 1:30 p.m.
VerDate Aug<31>2005 16:48 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56107
Periodic Briefing on New Reactor OVERSEAS PRIVATE INVESTMENT Abstract (Needs and Uses): The Issues, Part 2 (Public Meeting) CORPORATION application is the principal document (Contact: Roger Rihm, 301–415– used by OPIC to determine the 7807). Submission for OMB Review— investor’s and the project’s eligibility for Comment Request political risk insurance, assess the This meeting will be webcast live at environmental impact and the Web address—http://www.nrc.gov. AGENCY: Overseas Private Investment Corporation (OPIC). developmental effects of the project, measure the economic effects for the Week of October 29, 2007—Tentative ACTION: Request for comments. U.S. and the host country economy, and There are no meetings scheduled for SUMMARY: Under the provisions of the collect information for insurance the week of October 29, 2007. Paperwork Reduction Act (44 U.S.C. underwriting analysis. Week of November 5, 2007—Tentative Chapter 35), agencies are required to Dated: September 23, 2007. publish a Notice in the Federal Register John Crowley III, There are no meetings scheduled for notifying the public that the Agency is Senior Counsel, Administrative Affairs, the week of November 5, 2007. preparing an information collection Department of Legal Affairs. *The schedule for Commission request for OMB review and approval [FR Doc. 07–4870 Filed 10–1–07; 8:45 am] and to request public review and meetings is subject to change on short BILLING CODE 3920–11–M comment on the submission. Comments notice. To verify the status of meetings, are being solicited on the need for the call (recording)—(301) 415–1292. information; the accuracy of the Contact person for more information: SECURITIES AND EXCHANGE Agency’s burden estimate, practical COMMISSION Michelle Schroll, (301) 415–1662. utility and clarity of the information to Additional Information be collected; and on ways to minimize Proposed Collection; Comment the reporting burden, including Request Upon Written Request, Copies The ‘‘Periodic Briefing on Security automated collection techniques and Available From: Securities and Issues (Closed-Ex. 1 & 3)’’ previously uses of other forms of technology. The Exchange Commission, Office of scheduled on Monday, October 1, 2007 proposed form, OMB control number Investor Education and Advocacy, at 1:30 p.m. has been cancelled. 3420–0011, under review is summarized Washington, DC 20549–0213 The NRC Commission Meeting below. DATES: Comments must be received Extension: Regulation C; OMB Control No. Schedule can be found on the Internet 3235–0074; SEC File No. 270–68. at: http://www.nrc.gov/about-nrc/policy- within 60 calendar-days of publication making/schedule.html. of this Notice. Notice is hereby given that pursuant ADDRESSES: Copies of the subject form to the Paperwork Reduction Act of 1995 The NRC provides reasonable and the request for review prepared for (44 U.S.C. 3501 et seq.) the Securities accommodation to individuals with submission to OMB may be obtained and Exchange Commission disabilities where appropriate. If you from the Agency submitting officer. (‘‘Commission’’) is soliciting comments need a reasonable accommodation to Comments on the form should be on the collection of information participate in these public meetings, or submitted to the Agency Submitting summarized below. The Commission need this meeting notice or the Officer. plans to submit this existing collection transcript or other information from the of information to the Office of FOR FURTHER INFORMATION CONTACT: public meetings in another format (e.g. Management Budget for extension and OPIC Agency Submitting Officer: Essie braille, large print), please notify the approval. Bryant, Record Manager, Overseas Regulation C (17 CFR 230.400 through NRC’s Disability Program Coordinator, Private Investment Corporation, 1100 Rohn Brown, at 301–492–2279, TDD: 230.498) provides standard instructions New York Avenue, NW., Washington, to guide persons when filing registration 301–415–2100, or by e-mail at DC 20527; (202) 336–8563. [email protected]. Determinations on statements under the Securities Act of requests for reasonable accommodation Summary Form Under Review 1933(15 U.S.C. 77a, et seq.). The information collected is intended to will be made on a case-by-case basis. Type of Requests: Revised form. ensure the adequacy of information This notice is distributed by mail to Title: Application for Political Risk Insurance. available to investors in the registration several hundred subscribers; if you no of securities. Regulation C is assigned longer wish to receive it, or would like Form Number: OPIC–52. Frequency of Use: Once per investor one burden hour for administrative to be added to the distribution, please per project. convenience because the regulation contact the Office of the Secretary, Type of Respondents: Business or simply prescribes the disclosure that Washington, DC 20555 (301–415–1969). other institution (except farms); must appear in other filings under the In addition, distribution of this meeting individuals. federal securities laws. notice over the Internet system is Standard Industrial Classification Written comments are invited on: (a) available. If you are interested in Codes: All. Whether these proposed collections of receiving this Commission meeting Description of Affected Public: U.S. information are necessary for the proper schedule electronically, please send an companies or citizens investing performance of the functions of the electronic message to [email protected]. overseas. agency, including whether the information will have practical utility; Dated: September 27, 2007. Reporting Hours: 9 hours per project. Number of Responses: 100 per year. (b) the accuracy of the agency’s estimate R. Michelle Schroll, Federal Cost: $24,300.00 of the burden imposed by the collection Office of the Secretary. Authority for Information Collection: of information; (c) ways to enhance the [FR Doc. 07–4881 Filed 9–28–07; 11:01 am] Sections 231, 234(a), 239(d), and 240A quality, utility, and clarity of the BILLING CODE 7590–01–P of the Foreign Assistance Act of 1961, information collected; and (d) ways to as amended. minimize the burden of the collection of
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56108 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
information on respondents, including same group of investment companies as registered under the Act and organized through the use of automated collection the series to acquire shares of the series as a Delaware statutory trust. The Trusts techniques or other forms of information (the ‘‘Prior Order’’).1 Applicants seek to are organized as series funds with technology. Consideration will be given amend the Prior Order in order to offer multiple series. The Adviser, an to comments and suggestions submitted additional series based on certain fixed investment adviser registered under the in writing within 60 days of this income securities indices (the ‘‘New Investment Advisers Act of 1940 (the publication. Funds’’). In addition, the order would ‘‘Advisers Act’’), will serve as Please direct your written comments delete a condition related to future relief investment adviser to the New Funds. to R. Corey Booth, Director/Chief in the Prior Order. The Adviser may retain sub-advisers Information Officer, Securities and Applicants: Claymore Advisors, LLC (‘‘Sub-Advisers’’) to manage the assets Exchange Commission, C/O Shirley (‘‘Adviser’’), Claymore Securities, Inc. of a New Fund. Any Sub-Adviser will Martinson, 6432 General Green Way, (‘‘Distributor’’), Claymore Exchange- be registered under the Advisers Act. Alexandria, Virginia 22312; or send an Traded Fund Trust and Claymore The Distributor, a broker-dealer e-mail to: [email protected]. Exchange-Traded Fund Trust 2 (each, a registered under the Securities ‘‘Trust’’ and together, the ‘‘Trusts’’). Exchange Act of 1934 (‘‘Exchange Act’’), Dated: September 26, 2007. Filing Dates: The application was Florence E. Harmon, will serve as the principal underwriter filed on May 30, 2007, and amended on of the New Funds’ shares. Deputy Secretary. August 9, 2007. Applicants have agreed 2. Each Trust is currently permitted to [FR Doc. E7–19408 Filed 10–1–07; 8:45 am] to file an amendment during the notice offer series based on equity securities BILLING CODE 8011–01–P period, the substance of which is indices (the ‘‘Equity Funds,’’ and reflected in this notice. together with the New Funds and the Hearing or Notification of Hearing: An Future Funds (defined below), the SECURITIES AND EXCHANGE order granting the requested relief will ‘‘Funds’’) in reliance on the Prior Order. COMMISSION be issued unless the Commission orders Applicants seek to amend the Prior [Release No. IC–27982; 812–13396] a hearing. Interested persons may Order to permit the Trusts to offer the request a hearing by writing to the New Funds that, except as described in Claymore Exchange-Traded Fund Commission’s Secretary and serving the application, would operate in a Trust, et al.; Notice of Application applicants with a copy of the request, manner identical to the existing Equity personally or by mail. Hearing requests Funds that are subject to the Prior September 26, 2007. should be received by the Commission Order. AGENCY: Securities and Exchange by 5:30 p.m. on October 22, 2007, and 3. Each New Fund will invest in Commission (‘‘Commission’’). should be accompanied by proof of fixed-income securities (‘‘Portfolio ACTION: Notice of application to amend service on applicants, in the form of an Securities’’) selected to correspond a prior order under section 6(c) of the affidavit or, for lawyers, a certificate of generally to the price and yield Investment Company Act of 1940 service. Hearing requests should state performance, before fees and expenses, (‘‘Act’’) for an exemption from sections the nature of the writer’s interest, the of a specified securities index (an 2(a)(32), 5(a)(1), 22(d), 22(e) and 24(d) of reason for the request, and the issues ‘‘Index’’).2 No entity that creates, the Act and rule 22c-1 under the Act, contested. Persons who wish to be compiles, sponsors, or maintains an under sections 6(c) and 17(b) of the Act notified of a hearing may request Index is or will be an affiliated person, for an exemption from sections 17(a)(1) notification by writing to the as defined in section 2(a)(3) of the Act, and (a)(2) of the Act, and under section Commission’s Secretary. or an affiliated person of an affiliated 12(d)(1)(J) for an exemption from ADDRESSES: Secretary, U.S. Securities person, of the Trusts, the Adviser, the sections 12(d)(1)(A) and (B) of the Act. and Exchange Commission, 100 F Distributor or any Sub-Adviser, or Street, NE., Washington, DC 20549– Summary of Application: Applicants promoter to a New Fund. 1090. Applicants, 2455 Corporate West 4. The investment objective of each request an order to amend a prior order Drive, Lisle, IL 60532. that permits: (a) Open-end management New Fund will be to provide investment FOR FURTHER INFORMATION CONTACT: investment companies, whose series are results that correspond generally to the Christine Y. Greenlees, Senior Counsel, based on certain equity securities price and yield performance of the at (202) 551–6879, or Mary Kay Frech, indices, to issue shares of limited relevant Index. The Adviser may fully Branch Chief, at (202) 551–6821 redeemability; (b) secondary market replicate a New Fund’s relevant Index (Division of Investment Management, transactions in the shares of the series or use a representative sampling strategy Office of Investment Company to occur at negotiated prices; (c) dealers where the New Fund will seek to hold Regulation). to sell shares to purchasers in the a representative sample of the secondary market unaccompanied by a SUPPLEMENTARY INFORMATION: The component securities of the Index. prospectus when prospectus delivery is following is a summary of the Applicants currently expect that each not required by the Securities Act of application. The complete application New Fund will use a sampling 1933 (‘‘Securities Act’’); (d) certain may be obtained for a fee at the technique to track its Index. affiliated persons of the series to deposit Commission’s Public Reference Branch, 5. Under the Prior Order, applicants securities into, and receive securities 100 F Street, NE., Washington, DC stated that each Equity Fund would from, the series in connection with the 20549–0102 (tel. 202–551–5850). invest at least 90% of its total assets in common stocks that comprise the purchase and redemption of Applicants’ Representations aggregations of the series’ shares; (e) relevant Index, and may invest up to under certain circumstances, certain 1. Each Trust is an open-end 10% of its total assets in securities, series to pay redemption proceeds more management investment company options and futures not included in its than seven days after the tender of 1 Claymore Exchange-Traded Fund Trust, et al., 2 The Indexes for the New Funds are: CPMKTS— shares; and (f) certain registered Investment Company Act Release Nos. 27469 (Aug. The Capital Markets Index, CPMKTB—The Capital management investment companies and 28, 2006) (notice) and 27483 (Sept. 18, 2006) Markets Bond Index, and CPMKTL—The Capital unit investment trusts outside of the (order). Markets Liquidity Index.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56109
Index which the Adviser believes would as specifically noted by applicants (and not necessary to meet the standards help the Equity Fund track the Index. summarized in this notice), and will under sections 6(c) and 17(b) of the Act. Applicants seek to amend the Prior comply with all of the terms, provisions Applicants’ Condition Order to provide that each Fund and conditions of the Prior Order, as generally will invest at least 80% or amended by the present application. Applicants agree that any amended 90% of its total assets in the securities Applicants believe that the requested order granting the requested relief will that comprise the relevant Index, but at relief continues to meet the necessary be subject to the same conditions as times may invest up to 20% of its total exemptive standards. those imposed by the Prior Order, assets in certain futures, options, and except for condition 1 to the Prior swap contracts, cash and cash Future Relief Order, which will be deleted. equivalents, including money market 8. Applicants also seek to amend the For the Commission, by the Division of funds, as well as securities not included Prior Order to modify the terms under Investment Management, pursuant to in its Index which the Adviser believes which the Trusts may offer additional delegated authority. will help the Fund track its Index. At all series in the future based on other Florence E. Harmon, times, a Fund will hold, in the securities indices (‘‘Future Funds’’). The Deputy Secretary. aggregate, at least 80% of its total assets Prior Order is currently subject to a [FR Doc. E7–19385 Filed 10–1–07; 8:45 am] in component securities and condition that does not permit BILLING CODE 8011–01–P investments that have economic applicants to register the shares of any characteristics that are substantially Future Fund by means of filing a post- identical to the economic characteristics effective amendment to a Trust’s SECURITIES AND EXCHANGE of the component securities of its Index. registration statement or by any other COMMISSION Applicants expect that each New Fund means, unless applicants have requested will have a tracking error relative to the and received with respect to such Sunshine Act Meetings performance of its respective Index of Future Fund, either exemptive relief Notice is hereby given, pursuant to less than 5 percent. from the Commission or a no-action 6. Applicants state that a New Fund the provisions of the Government in the letter from the Division of Investment Sunshine Act, Public Law 94–409, that will comply with the federal securities Management of the Commission, or if laws in accepting a deposit of a portfolio the Securities and Exchange the Future Fund could be listed on a Commission will hold the following of securities designated by the Adviser national securities exchange to correspond generally to the price and meetings during the week of October 1, (‘‘Exchange’’) without the need for a 2007: yield of the New Fund’s Index (‘‘Deposit filing pursuant to rule 19b–4 under the 3 An Open Meeting will be held on Securities’’) and satisfying Exchange Act. redemptions with portfolio securities of Monday, October 1, 2007 at 10 a.m., in 9. The order would amend the Prior the New Fund (‘‘Fund Securities’’), the Auditorium, Room L–002 and a Order to delete this condition. Any including that the Deposit Securities Closed Meeting will be held on Future Funds will: (a) Be advised by the and Fund Securities are sold in Wednesday, October 3, 2007 at 2 p.m. Adviser or an entity controlled by or transactions that would be exempt from Commissioners, Counsel to the under common control with the registration under the Securities Act.4 Commissioners, the Secretary to the Adviser; (b) track Indexes that are The specified Deposit Securities and Commission, and recording secretaries Fund Securities generally will created, compiled, sponsored or will attend the Closed Meeting. Certain correspond pro rata, to the extent maintained by an entity that is not an staff members who have an interest in practicable, to the Portfolio Securities of affiliated person, as defined in section the matters may also be present. a New Fund. 2(a)(3) of the Act, or an affiliated person The General Counsel of the 7. Applicants state that the New of an affiliated person, of the Adviser, Commission, or his designee, has Funds will operate in a manner the Distributor, the Trusts or any Sub- certified that, in his opinion, one or identical to the operation of the existing Adviser or promoter of a Future Fund; more of the exemptions set forth in 5 Equity Funds in the Prior Order, except and (c) comply with the respective U.S.C. 552b(c)(5), (7), (9)(B), and (10) terms and conditions of the Prior Order, and 17 CFR 200.402(a)(5), (7), 9(ii) and 3 Applicants state that a cash-in-lieu amount will as amended by the present application. (10), permit consideration of the replace any ‘‘to-be-announced’’ (‘‘TBA’’) transaction 10. Applicants believe that the scheduled matters at the Closed that is listed as a Deposit Security or Fund Security modification of the future relief Meeting. of any New Fund. A TBA transaction is a method Commissioner Atkins, as duty officer, of trading mortgage-backed securities where the available under the Prior Order would buyer and seller agree upon general trade be consistent with sections 6(c) and voted to consider the items listed for the parameters such as agency, settlement date, par 17(b) of the Act and that granting the closed meeting in closed session, and amount and price. The actual pools delivered requested relief will facilitate the timely determined that no earlier notice thereof generally are determined two days prior to the settlement date. The amount of substituted cash in creation of Future Funds and the was possible. the case of TBA transactions will be equivalent to commencement of secondary market The subject matter of the Open the value of the TBA transaction listed as a Deposit trading of such Future Funds by Meeting, scheduled for Monday, Security or Fund Security. removing the need to seek additional October 1, 2007 will be: 4 In accepting Deposit Securities and satisfying redemptions with Fund Securities that are exemptive relief. Applicants submit that The Commission will hear oral argument restricted securities eligible for resale pursuant to the terms and conditions of the Prior in an appeal by Stephen J. Horning from the rule 144A under the Securities Act, the New Fund Order have been appropriate for the decision of an administrative law judge. will comply with the conditions of rule 144A, existing series of the Trusts and would Horning was the president, registered including in satisfying redemptions with such rule remain appropriate for Future Funds. financial and operations principal, 144A eligible restricted Fund Securities. The compliance officer, and a director of Rocky prospectus for a New Fund will also state that an Applicants also submit that tying Mountain Securities & Investments, Inc., authorized participant that is not a ‘‘Qualified exemptive relief under the Act to the formerly a registered broker-dealer. Institutional Buyer,’’ as defined in rule 144A under ability of a Future Fund to be listed on the Securities Act, will not be able to receive, as The law judge found that: part of a redemption, restricted securities eligible an Exchange without the need for a rule Horning failed reasonably to supervise two for resale under rule 144A. 19b–4 filing under the Exchange Act is former Rocky Mountain employees with a
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56110 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
view to preventing their violations of Section information about unregistered entities securities regulators. By making this 10(b) of the Securities Exchange Act of 1934 that are engaged in the solicitation of information readily available, the and Exchange Act Rule 10b–5; and securities transactions. Commission expects investors to be Horning was a cause of Rocky Mountain’s DATES: Comments should be submitted better able to evaluate solicitations to inaccurate books and records and its filing of buy and sell securities. Before the materially false reports in violation of on or before November 1, 2007. Exchange Act Sections 15(c)(3), 17(a), and ADDRESSES: Comments may be program and Web site become 17(e) and Exchange Act Rules 15c3–1, 15c3– submitted by any of the following operational December 3, 2007 the 3, 17a–3, 17a–5(a), 17a–5(c), 17a–5(d), 17a– methods: Commission is interested in receiving 11, and 17a–13. comments and suggestions on the Electronic Comments PAUSE program. The law judge barred Horning from • association with any broker or dealer in Use the Commission’s Internet 1. Background comment form (http://www.sec.gov/ a supervisory capacity and suspended Generally, entities that solicit him from association with any broker or rules/other.shtml); or • Send an e-mail to rule- purchases or sales of securities for the dealer in any capacity for twelve accounts of other persons in the United months. [email protected]. Please include File Number S7–24–07 on the subject line. States are required to register with the Among the issues likely to be argued SEC. The Commission regularly receives are Paper Comments complaints and inquiries from investors 1. Whether Horning failed reasonably • and others, including foreign securities to supervise; or Send paper comments in triplicate to Nancy M. Morris, Secretary, regulators, about solicitations made by 2. Whether Horning was the cause of entities claiming to be registered, the alleged financial, books, and Securities and Exchange Commission, 100 F Street, NE., Washington, DC licensed and/or operating in the United recordkeeping violations; and States, and in some cases, entities 3. If so, whether sanctions should be 20549–1090. All submissions should refer to File soliciting U.S. investors that are not imposed in the public interest. registered in the United States. When an The subject matter of the Closed Number S7–24–07. This file number should be included on the subject line entity claims to be registered with the Meeting scheduled for Wednesday, SEC, it is in effect claiming that it has October 3, 2007 will be: if e-mail is used. To help us process and review your comments more efficiently, made itself available for SEC regulation Formal order of investigation; and oversight. For this reason, it is Institution and settlement of please use only one method. The Commission will post all comments on important for prospective investors to injunctive actions; consider whether a soliciting entity is, Institution and settlement of the Commission’s Internet Web site (http://www.sec.gov/rules/other.shtml); in fact, registered with the SEC. administrative proceedings of an The Commission’s Office of Investor Comments also are available for public enforcement nature; Education and Advocacy (‘‘OIEA’’) inspection and copying in the An adjudicatory matter; and fields investor complaints and inquiries. Commission’s Public Reference Room, Other matters related to enforcement The single largest number of investor 100 F Street, NE., Washington, DC actions. complaints received by OIEA concern 20549, on official business days At times, changes in Commission solicitations of investors by unregistered between the hours of 10 a.m. and 3 p.m. priorities require alterations in the entities that appear to be involved in All comments received will be posted scheduling of meeting items. boiler room and secondary advance fee without change; we do not edit personal For further information and to schemes.1 In 2005 and 2006, OIEA ascertain what, if any, matters have been identifying information from submissions. You should submit only added, deleted or postponed, please 1 Boiler room operations use high-pressure sales contact: information that you wish to make tactics generally over the telephone and solicit The Office of the Secretary at (202) available publicly. investors with false and/or misleading information. FOR FURTHER INFORMATION CONTACT: John They frequently purport to be registered broker 551–5400. dealers and/or operating in the United States and Dated: September 26, 2007. Reed Stark, Chief of the Office of offer ‘‘opportunities’’ to invest in securities, often Nancy M. Morris, Internet Enforcement and Counselor to issued by companies organized in the United States. the Director, at (202) 551–4540, Jack The schemes are disbanded and the wrongdoers Secretary. Hardy, Branch Chief, Office of Investor disappear after investors wire their money, which [FR Doc. E7–19384 Filed 10–1–07; 8:45 am] is then transferred to offshore accounts. Secondary Education and Advocacy, at (202) 551– ‘‘advance fee’’ schemes work very similarly to BILLING CODE 8011–01–P 6500, Alberto Arevalo, Acting Assistant boiler room operations, the difference being that an Director, Office of International Affairs, advance fee scheme generally targets investors who at (202) 551–6690, at the Securities and purchased underperforming securities, perhaps SECURITIES AND EXCHANGE through an affiliated boiler room, offering to arrange Exchange Commission, 100 F Street, COMMISSION a lucrative sale of those securities, but first NE., Washington, DC 20549–6628. requiring the payment of an ‘‘advance fee’’ in the [Release Nos. 34–56534; IA–2658; File No. SUPPLEMENTARY INFORMATION: The form of a commission, regulatory fee or tax, or some S7–24–07] other incidental expense. The advance fees are Commission today is announcing a new paid, but the promised sale of the securities is never program for informing the public about arranged. Public Alert: Unregistered Soliciting unregistered entities engaged in For more information about boiler rooms and Entities (‘‘Pause’’) Program solicitations of securities transactions. advance fee schemes, please see the following discussions on our Web site: AGENCY: Securities and Exchange Through this new program, ‘‘Public • The Fleecing of Foreign Investors: Avoid Commission. Alert: Unregistered Soliciting Entities’’ Getting Burned by ‘‘Hot’’ U.S. Stocks (http:// ACTION: Notice; request for comment. (‘‘PAUSE’’), the Commission will www.sec.gov/investor/pubs/fleecing.htm) publish on its Web site certain factual • Worthless Stock: How to Avoid Doubling Your SUMMARY: The Securities and Exchange information about unregistered Losses (http://www.sec.gov/investor/pubs/ worthless.htm) Commission (‘‘SEC’’ or ‘‘Commission’’) soliciting entities that have been the • Protect Your Money: Check Out Brokers and is announcing a new program that will subject of complaints forwarded by Investment Advisers (http://www.sec.gov/investor/ post on its Web site certain factual investors and others, including fellow brokers.htm)
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56111
received respectively 1,385 and 1,418 obstacles to effective enforcement 3. Additional Information complaints from investors who were action. Soliciting entities change names solicited by unregistered entities, many frequently, often before law enforcement The Commission’s intent is to publish of which purported to be U.S.-based action can be taken. Often the subjects factual information that may be valuable securities firms trading in securities of of complaints purport to be based in the to investors in connection with their U.S.-based issuers. United States, but in fact operate from investment decisions.4 A listing on the Moreover, perpetrators of boiler numerous jurisdictions overseas. PAUSE web page does not mean that the rooms and advance fee schemes Notwithstanding cooperation with Commission has found violations of increasingly use new devices to foreign counterparts, investigations of U.S. federal securities laws or made a convince investors that their offshore operations can be complex and judgment about the merits of any solicitations are legitimate, including: time-consuming. Even if the Division of securities offered by listed entities. As • Impersonating U.S. registered Enforcement’s investigation determines well, the PAUSE web page will not securities firms by, for example, using that the entities involved in such necessarily include information about the same or a similar name or providing activities have sufficient contacts with all unregistered entities or entities that an address that closely resembles that of the United States to grant the have been the subject of complaints. a U.S. registered securities firm; • Commission and U.S. courts with There may be various reasons, including Making false reference to, including jurisdiction over their conduct, there false claims of endorsement by, law enforcement and policy, which may can be substantial obstacles to militate against including information governmental agencies and international completing legal action against these organizations (sometimes even about an entity on the PAUSE web page. foreign operators and obtaining The Commission intends to regularly impersonating them); and meaningful relief, while in the • Claiming endorsements by, or update the PAUSE lists and archive meantime investors can suffer making other reference to, governmental information approximately nine months significant harm. agencies and international organizations from the date of last observed activity. that sound official, but do not exist.2 2. The PAUSE Program Our staff is frequently able to 4. Corrections In light of the challenges associated determine quickly the accuracy of The Commission is committed to various claims made by the soliciting with taking enforcement action against providing accurate information under entities. For example, a claim by an such operations, the Commission the PAUSE Program. Before listing an entity that it is a U.S. registered broker- believes that it is useful to devise a dealer is easily verifiable by checking complementary approach that serves to entity on PAUSE, the Commission’s public sources, including the Central empower prospective investors. The staff will notify the entity and provide Registration Depository database goal of the PAUSE Program is to provide an opportunity—two calendar days from administered by the Financial Industry prospective investors with relevant the date of the staff’s notification Regulatory Authority, Inc. (formerly, the information about unregistered letter—for the entity to respond. If, after NASD).3 Entities that use names that are soliciting entities before they invest. being listed on PAUSE, an entity the same as, or similar to, the names of To implement the PAUSE Program, believes it should be removed from a list U.S. registered securities firms can also the Commission will post on its public because information included about it is be verified by checking public sources Web site specific information about incorrect, or for other reasons, it should and obtaining information from officials unregistered soliciting entities that have notify the Commission’s staff and at the firms. In this way, our staff can been the subject of complaints. For each provide such documents and other also determine whether the complained- of these entities, the Commission’s staff information as reasonably necessary to of entity has any actual affiliation with will have determined either (1) That support its assertion. the registered firm. A claim that an there is no U.S. registered securities To notify the Commission of a factual entity operates from a particular firm with that name, or (2) that there is location in the United States can also be a U.S. registered securities firm with the error or to request removal from a list, established. Finally, if a soliciting entity same (or a similar) name but that please write to the following address: claims that the securities it offers are solicitations appear to have been made U.S. Securities and Exchange approved or endorsed by a particular by persons not affiliated with the U.S. Commission, Attn: PAUSE Program governmental agency, that claim can registered securities firm. Administrator, 100 F Street, NE., usually also be quickly confirmed. In addition, the PAUSE list will Washington, DC 20549–5631, enf- In appropriate cases, our staff’s review contain a ‘‘Comments’’ section for each [email protected], Fax: 202–772– may lead to a referral to the Division of entry. The Comments section will 9278. Enforcement, which may begin an reflect certain results of the staff’s Submissions will be reviewed for investigation of possible securities law investigation addressing the entity’s appropriate action by Commission staff. violations, and the Commission may U.S. registration status; any use of a ultimately bring an enforcement action name that is the same or similar to that * * * * * for such violations. However, in a of a U.S. registered securities firm; and Dated: September 26, 2007. significant number of cases there may be any references to governmental agencies By the Commission. and international organizations in the Nancy M. Morris, 2 In one case, a soliciting entity impersonated the solicitations. The COMMENTS section may Secretary. International Organization of Securities include other relevant information that Commissions (‘‘IOSCO’’). The Securities Investor [FR Doc. E7–19343 Filed 10–1–07; 8:45 am] Protection Corporation (‘‘SIPC’’) has also been may be helpful to investors, such as the BILLING CODE 8011–01–P impersonated by virtue of a ‘‘look alike’’ Web site use of addresses that do not appear to and responded by posting an alert identifying the exist. fictitious organization, the ‘‘International Brokerage A second PAUSE list will name 4 See, e.g., Securities Exchange Act § section Association.’’ 21(a). Cf. Kukatush Mining Corp. v. Securities and 3 http://www.nasd.com/InvestorInformation/ fictitious governmental agencies and Exchange Commission, 309 F.2d 647 (D.C. Cir. InvestorProtection/ChecktheBackgroundofYour international organizations referred to 1962); and Freedom of Information Act, 5 U.S.C. InvestmentProfessional/index.htm by complained-of entities. 552.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56112 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Asset must be derived from a market COMMISSION Statement of the Purpose of, and which is a self-regulatory organization Statutory Basis for, the Proposed Rule (‘‘SRO’’) member or affiliate member of [Release No. 34–56530; File No. SR-Amex- Change the Intermarket Surveillance Group (‘‘ISG’’) or with which the Exchange has 2007–102] 1. Purpose a comprehensive surveillance sharing Self-Regulatory Organizations; The Exchange proposes to amend agreement (‘‘CSSA’’); notwithstanding American Stock Exchange LLC; Notice sections 107E and 107F of the Company the foregoing, the pricing information of Filing and Order Granting Guide to permit the listing of for gold and silver bullion may be Accelerated Approval of Proposed Commodity-Linked Securities and derived from the London Bullion Rule Change To Amend the Currency-Linked Securities, Market Association. Requirements for Listing Commodity- respectively, where the pricing The Exchange proposes to amend the Linked Securities and Currency-Linked information for up to 10% of the dollar listing requirements relating to the Securities weight of the Commodity Reference source of pricing information for Asset,3 in the case of Commodity- components of Commodity-Linked September 25, 2007. Linked Securities, or the Currency Securities. Specifically, the proposal Reference Asset,4 in the case of seeks to permit the listing of such Pursuant to section 19(b)(1) of the Currency-Linked Securities, is derived securities where a maximum of 10% of Securities Exchange Act of 1934 from markets that do meet the general the dollar weight of the Commodity (‘‘Act’’) 1 and Rule 19b-4 thereunder,2 requirements as set forth in sections Reference Asset is comprised of notice is hereby given that on August 107E(g)(1)(ii) and 107F(g)(1)(ii), components from markets that are not 29, 2007, the American Stock Exchange respectively.5 The Exchange further SRO members or affiliate members of LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with proposes that no single component ISG or with which the Exchange does the Securities and Exchange subject to the foregoing proposed not have a CSSA. In addition, no Commission (‘‘Commission’’) the exception may exceed 7% of the dollar component subject to this exception proposed rule change as described in weight of the Commodity or Currency may exceed 7% of the dollar weight of Items I and II below, which Items have Reference Asset, as the case may be. the Commodity Reference Asset.7 been substantially prepared by the Commodity-Linked Securities are Currency-Linked Securities are Exchange. This order provides notice of securities that provide for the payment securities that provide for the payment the proposed rule change and approves at maturity of a cash amount based on at maturity of a cash amount based on the proposed rule change on an the performance of the Commodity the performance of the Currency accelerated basis. Reference Asset. Such securities may or Reference Asset. Such securities may or may not provide for the repayment of I. Self-Regulatory Organization’s may not provide for the repayment of the original principal investment the original principal investment Statement of the Terms of Substance of amount. Under Section 107F of the the Proposed Rule Change amount. Under section 107E of the Company Guide, an issuance of Company Guide, an issuance of The Exchange proposes to amend Commodity-Linked Securities cannot be Currency-Linked Securities cannot be listed unless either: Sections 107E and 107F of the Amex listed unless either: • Company Guide (the ‘‘Company Guide’’) • The Commodity Reference Asset to The Currency Reference Asset to which the security is linked shall have relating to the listing requirements for which the security is linked shall have previously reviewed and approved for commodity-linked securities been reviewed and approved for the the trading of Currency Trust Shares or (‘‘Commodity-Linked Securities’’) and trading of Commodity Trust Shares or options or other derivatives by the currency-linked securities (‘‘Currency- options or other derivatives by the Commission under section 19(b)(2) of Linked Securities’’). The text of the Commission under section 19(b)(2) of the Act and rules thereunder and the proposed rule change is available at the Act 6 and rules thereunder and the conditions set forth in the Commission’s Amex, the Commission’s Public conditions set forth in the Commission’s approval order, including with respect Reference Room, and http:// approval order, including with respect to comprehensive surveillance sharing www.amex.com. to comprehensive surveillance sharing agreements, continue to be satisfied; or agreements, continue to be satisfied; or • II. Self-Regulatory Organization’s • The pricing information for each The pricing information for each Statement of the Purpose of, and component of a Commodity Reference component of a Currency Reference Statutory Basis for, the Proposed Rule Asset must be: (1) The generally Change 3 Commodity Reference Asset is defined as one or accepted spot price for the currency more commodities, commodity futures, options or exchange rate in question or (2) derived In its filing with the Commission, the other commodity derivatives or Commodity-Based from a market (a) which is either an ISG Exchange included statements Trust Shares (as defined in Rule 1200A of the SRO member or affiliate member or with concerning the purpose of, and basis for, Company Guide) or a basket or index of any of the foregoing. See Section 107E of the Company Guide. which the Exchange has a CSSA and (b) the proposed rule change and discussed 4 Currency Reference Asset if defined as one or is the pricing source for components of any comments it received on the more currencies, or options or currency futures or a Currency Reference Asset that has proposed rule change. The text of these other currency derivatives or Currency Trust Shares previously been approved by the statements may be examined at the (as defined in Rule 1200B of the Company Guide) Commission. or a basket or index of any of the foregoing. See places specified in Item III below. The Section 107F of the Company Guide. The Exchange proposes to amend the Exchange has prepared summaries, set 5 E-mail from Candice Fordin, Assistant General listing requirements relating to the forth in sections A, B, and C below, of Counsel, Amex, to Edward Cho, Special Counsel, source of pricing information for the most significant aspects of such Division of Market Regulation, Commission, dated components of Currency-Linked statements. September 20, 2007 (clarifying the proposed Securities. Specifically, the proposal amendments to the generic listing standards for Commodity-Linked and Currency-Linked seeks to permit the listing of such 1 15 U.S.C. 78s(b)(1). Securities). 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(2). 7 See supra note 5.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56113
securities where a maximum of 10% of The Exchange states that the proposed Comments may be submitted by any of the dollar weight of the Currency amendment would provide Amex with the following methods: Reference Asset is comprised of greater flexibility to list Commodity- components (1) For which there is no Linked and Currency-Linked Securities Electronic Comments generally accepted spot price, (2) the under Sections 107E and 107F of the • Use the Commission’s Internet pricing of which is derived from Company Guide, respectively, and comment form (http://www.sec.gov/ markets that are not SRO members or provide issuers with a faster and less rules/sro.shtml); or affiliate members of ISG or for which cumbersome means of listing such • the Exchange does not have a CSSA, securities, to the benefit of the investing Send an e-mail to rule- and (3) the pricing source of which has public. [email protected]. Please include File not previously been approved by the Number SR–Amex–2007–102 on the 2. Statutory Basis Commission.8 In addition, no subject line. component subject to this exception The Exchange believes that the Paper Comments may exceed 7% of the dollar weight of proposed rule change is consistent with the Currency Reference Asset. section 6(b) of the Act,10 in general, and • Send paper comments in triplicate The Exchange states that many section 6(b)(5) of the Act,11 in to Nancy M. Morris, Secretary, commodity and currency markets and particular, in that it is designed to Securities and Exchange Commission, exchanges are not SRO members or promote just and equitable principles of 100 F Street, NE., Washington, DC affiliates of ISG. In addition, the trade, to foster cooperation and 20549–1090. Exchange frequently experiences coordination with persons engaged in All submissions should refer to File difficulty entering into CSSAs with such regulating, clearing, settling, processing Number SR–Amex–2007–102. This file commodity and currency markets information with respect to, and number should be included on the outside the United States. The Exchange facilitating transactions in securities, subject line if e-mail is used. To help the believes, consistent with this proposal, and to remove impediments to and Commission process and review your that its surveillance procedures would perfect the mechanism of a free and comments more efficiently, please use not be materially hampered as long as open market and a national market only one method. The Commission will it has access to trading information with system in a manner consistent with the post all comments on the Commission’s respect to at least 90% of the dollar protection of investors and the public Internet Web site (http://www.sec.gov/ weight of the components comprising interest. rules/sro.shtml). Copies of the the Commodity Reference Asset or B. Self-Regulatory Organization’s Currency Reference Asset, as the case submission, all subsequent Statement on Burden on Competition may be. With respect to Commodity- amendments, all written statements Linked Securities, the pricing The Exchange does not believe that with respect to the proposed rule information for at least 90% of the the proposed rule change will result in change that are filed with the dollar weight of the Commodity any burden on competition that is not Commission, and all written Reference Asset must be derived from necessary or appropriate in furtherance communications relating to the ISG member markets or markets with of the purpose of the Act. proposed rule change between the which the Exchange has a CSSA. With Commission and any person, other than C. Self-Regulatory Organization’s those that may be withheld from the respect to Currency-Linked Securities, Statement on Comments on the the Exchange believes that the fact that public in accordance with the Proposed Rule Change Received From provisions of 5 U.S.C. 552, will be up to 10% of the dollar weight of the Members, Participants or Others Currency Reference Asset may be available for inspection and copying in comprised of components (1) The The Exchange has neither solicited the Commission’s Public Reference pricing information for which is not the nor received written comments on the Room, 100 F Street, NE., Washington, generally accepted spot price, (2) the proposed rule change. DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. pricing information for which is not III. Solicitation of Comments derived from a SRO ISG member or Copies of such filing also will be affiliate or a market that is a party to a Interested persons are invited to available for inspection and copying at CSSA with the Exchange, or (3) the submit written data, views, and the principal offices of the Exchange. pricing source of which has not been arguments concerning the foregoing, All comments received will be posted previously approved by the including whether the proposed rule without change; the Commission does Commission, should not constitute a change is consistent with the Act. not edit personal identifying material risk to investors. information from submissions. You The Exchange notes that the the underlying component securities of an index or should submit only information that portfolio are traded on foreign markets); you wish to make available publicly. All Commission has previously approved Commentary .02(a)(10) to Amex Rule 901C 9 similar approaches to this proposal. (allowing the Exchange to trade options on a broad submissions should refer to File stock index group comprised of non-U.S. Number SR–Amex–2007–102 and 8 See id. component securities as long as the non-U.S. should be submitted on or before 9 See Section 107D(g)(vi) of the Company Guide component securities that are not subject to October 23, 2007. (permitting the inclusion of foreign country comprehensive surveillance agreements do not, in securities or American Depositary Receipts or the aggregate, represent more than 20% of the IV. Commission’s Findings and Order ‘‘ADRs,’’ provided that such foreign country weight of the index); and Commentary .03(a)(5) to Granting Accelerated Approval of the securities or foreign country securities underlying Amex Rule 901C (permitting the listing of options ADRs having their primary trading market outside on stock industry index groups comprised of Proposed Rule Change the United States on foreign trading markets that are foreign country securities or ADRs thereon, so long not members of ISG or are not parties to CSSAs as such foreign country securities of ADRs that are After careful consideration, the with the Exchange will not, in the aggregate, not subject to comprehensive surveillance Commission finds that the proposed represent more than 20% of the dollar weight of the agreements do not, in the aggregate, represent more rule change is consistent with the underlying index. See also Commentary .06(b) to than 20% of the weight of the index). Amex Rule 915 (providing for exceptions to certain 10 15 U.S.C. 78f(b). requirements of the Act and the rules eligibility requirements for options trading where 11 15 U.S.C. 78f(b)(5). and regulations thereunder applicable to
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56114 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
a national securities exchange.12 In national securities exchange.15 The Linked Securities’’) under section particular, the Commission finds that Commission believes that accelerated 703.22 of the NYSE Listed Company the proposed rule change is consistent approval of the proposed rule change Manual (‘‘Manual’’). The proposed rule with the requirements of section 6(b)(5) should expedite the listing and trading change was published for comment in of the Act,13 which requires, among of additional Commodity-Linked the Federal Register on September 6, other things, that the Exchange’s rules Securities and Currency-Linked 2007 for a 15-day comment period.3 The be designed to promote just and Securities, subject to the standards Commission received no comments on equitable principles of trade, to foster discussed herein, to the benefit of the the proposal. This order approves the cooperation and coordination with investing public. Therefore, the proposed rule change on an accelerated persons engaged in regulating, clearing, Commission finds good cause, basis. consistent with section 19(b)(2) of the settling, processing information with II. Description of the Proposal respect to, and facilitating transactions Act,16 to approve the proposed rule in securities, to remove impediments to change on an accelerated basis. The Exchange proposed to amend section 703.22(B)(II)(1)(b) and section and perfect the mechanism of a free and V. Conclusion open market and a national market 703.22(B)(III)(1)(b) of the Manual to system and, in general, to protect It is therefore ordered, pursuant to permit the listing and trading of 17 investors and the public interest. The section 19(b)(2) of the Act, that the Commodity-Linked Securities and Commission believes that the proposed rule change (SR–Amex–2007– Currency-Linked Securities, Exchange’s surveillance procedures 102) be, and it hereby is, approved on respectively, where the underlying an accelerated basis. Commodity Reference Asset 4 or would not be materially hampered as 5 long as the Exchange has access to For the Commission, by the Division of Currency Reference Asset, as the case trading and pricing information of the Market Regulation, pursuant to delegated may be, may include components 18 underlying components that constitute authority. representing not more than 10% of the at least 90% of the dollar weight of the Nancy M. Morris, dollar weight of such Commodity Reference Asset or Currency Reference Commodity Reference Asset or Currency Secretary. Asset, for which the pricing information Reference Asset, as the case may be. In [FR Doc. E7–19361 Filed 10–1–07; 8:45 am] is derived from markets which do not addition, the Commission believes that BILLING CODE 8011–01–P meet the general requirements of the so long as the pricing information for at respective rule, as described below. In least 90% of the dollar weight of the addition, the Exchange proposed that no Commodity Reference Asset or Currency SECURITIES AND EXCHANGE single component of a Commodity Reference Asset, as the case may be, is COMMISSION Reference Asset or Currency Reference based on the general pricing information [Release No. 34–56525; File No. SR–NYSE– Asset, as the case may be, subject to the requirements, the proposed amendment 2007–76] foregoing proposed exception may to the Exchange’s generic listing exceed 7% of the dollar weight of such standards should not constitute a Self-Regulatory Organizations; New Commodity Reference Asset or Currency York Stock Exchange LLC; Order material risk to investors, while Reference Asset, as applicable. potentially benefiting investors by Granting Accelerated Approval to Under section 703.22(B)(II)(1) of the providing the Exchange flexibility to list Proposed Rule Change Relating to Manual, an issuance of Commodity- a broader array of products. Requirements for the Listing and Linked Securities currently cannot be The Commission finds good cause for Trading of Commodity-Linked listed unless either: approving the proposed rule change Securities and Currency-Linked • The Commodity Reference Asset to before the 30th day after the date of Securities which the security is linked shall have publication of notice of filing thereof in September 25, 2007. been reviewed and approved for the the Federal Register. The Commission trading of Commodity Trust Shares or notes that it has previously approved I. Introduction options or other derivatives by the similar approaches to the instant On August 22, 2007, the New York Commission under Section 19(b)(2) 6 of proposal, where an underlying equity Stock Exchange LLC (‘‘NYSE’’ or the Act and rules thereunder and the index may include foreign country ‘‘Exchange’’) filed with the Securities conditions set forth in the Commission’s securities or foreign country securities and Exchange Commission approval order, including with respect underlying American Depositary (‘‘Commission’’), pursuant to section to comprehensive surveillance sharing Receipts having their primary trading 19(b)(1) of the Securities Exchange Act agreements (‘‘CSSAs’’), continue to be market outside the United States on of 1934 (‘‘Act’’) 1 and Rule 19b–4 satisfied; or • foreign trading markets that are not thereunder,2 a proposed rule change to The pricing information for each members or affiliates of ISG or parties to amend the generic listing standards for component of a Commodity Reference CSSAs with the Exchange, as long as commodity-linked securities Asset is derived from a market which is such securities do not, in the aggregate, (‘‘Commodity-Linked Securities’’) and 3 represent more than 20% of the dollar currency-linked securities (‘‘Currency- See Securities Exchange Act Release No. 56332 (August 29, 2007), 72 FR 51285 (‘‘Notice’’). 14 weight of such underlying index. The 4 Commodity Reference Asset is defined as one or 15 Commission further notes that it has See Securities Exchange Act Release No. 56525 more physical commodities or commodity futures, (September 25, 2007) (SR–NYSE–2007–76) options or other commodity derivatives or approved a substantively identical (approving the same amendments to the New York proposed rule change for another Commodity Trust Shares (as defined in NYSE Rule Stock Exchange LLC’s generic listing standards for 1300B) or a basket or index of any of the foregoing. Commodity-Linked and Currency-Linked See Section 703.22 of the Manual. Securities). 12 In approving this proposed rule change, the 5 Currency Reference Asset is defined as one or 16 Commission notes that it has considered the 15 U.S.C. 78s(b)(2). more currencies, options or currency futures or proposed rule’s impact on efficiency, competition, 17 15 U.S.C. 78s(b)(2). other currency derivatives or Currency Trust Shares and capital formation. See 15 U.S.C. 78c(f). 18 17 CFR 200.30–3(a)(12). (as defined in NYSE Rule 1300A) or a basket or 13 15 U.S.C. 78f(b)(5). 1 15 U.S.C. 78s(b)(1). index of any of the foregoing. See id. 14 See supra note 8. 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(2).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56115
an Intermarket Surveillance Group Currency-Linked Securities and index may include foreign country (‘‘ISG’’) member or affiliate or with benefiting the investing public. securities or foreign country securities which the Exchange has a CSSA. III. Commission’s Findings and Order underlying American Depositary Notwithstanding the previous sentence, Granting Accelerated Approval of the Receipts having their primary trading pricing information for gold and silver Proposed Rule Change market outside the United States on may be derived from the London foreign trading markets that are not After careful consideration, the Bullion Market Association. members or affiliates of ISG or parties to Commission finds that the proposed CSSAs with the Exchange, as long as Similarly, under section rule change is consistent with the 703.22(B)(III)(1) of the Manual, an requirements of the Act and the rules such securities do not, in the aggregate, issuance of Currency-Linked Securities and regulations thereunder applicable to represent more than 20% of the dollar 10 currently cannot be listed unless either: a national securities exchange.7 In weight of such underlying index. The • The Currency Reference Asset to particular, the Commission finds that Commission believes that accelerated which the security is linked shall have the proposed rule change is consistent approval of the proposed rule change been reviewed and approved for the with the requirements of section 6(b)(5) should expedite the listing and trading trading of Currency Trust Shares or of the Act,8 which requires, among other of additional Commodity-Linked options or other derivatives by the things, that the Exchange’s rules be Securities and Currency-Linked Commission under Section 19(b)(2) of designed to promote just and equitable Securities, subject to the standards the Act and rules thereunder and the principles of trade, to foster cooperation discussed herein, to the benefit of the conditions set forth in the Commission’s and coordination with persons engaged investing public. Therefore, the approval order, including with respect in regulating, clearing, settling, Commission finds good cause, to CSSAs, continue to be satisfied; or processing information with respect to, consistent with section 19(b)(2) of the • The pricing information for each and facilitating transactions in Act,11 to approve the proposed rule component of a Currency Reference securities, to remove impediments to change on an accelerated basis. Asset must be (1) The generally and perfect the mechanism of a free and accepted spot price for the currency open market and a national market IV. Conclusion exchange rate in question or (2) derived system and, in general, to protect investors and the public interest. The It is therefore ordered, pursuant to from a market which is (a) An ISG section 19(b)(2) of the Act,12 that the member or affiliate or with which the Commission believes that the Exchange’s surveillance procedures proposed rule change (SR–NYSE–2007– Exchange has a CSSA and (b) the 76) be, and it hereby is, approved on an pricing source for components of a would not be materially hampered as accelerated basis. Currency Reference Asset that has long as the Exchange has access to previously been approved by the trading and pricing information of the For the Commission, by the Division of Commission. underlying components that constitute Market Regulation, pursuant to delegated at least 90% of the dollar weight of the 13 The Exchange proposed to amend the authority. Commodity Reference Asset or Currency requirements as to the source of pricing Nancy M. Morris, Reference Asset, as the case may be. In information for components of Secretary. addition, the Commission believes that Commodity-Linked Securities and so long as the pricing information for at [FR Doc. E7–19362 Filed 10–1–07; 8:45 am] Currency-Linked Securities so as to least 90% of the dollar weight of the BILLING CODE 8011–01–P permit the listing of such securities Commodity Reference Asset or Currency where a maximum of 10% of the dollar Reference Asset, as the case may be, is weight of the Commodity Reference based on the general pricing information Asset or Currency Reference Asset, as requirements, the proposed amendment the case may be, is made up of to the Exchange’s generic listing components that do not meet the standards should not constitute a respective general pricing information material risk to investors, while requirements. In addition, the Exchange potentially benefiting investors by proposed that no single component providing the Exchange flexibility to list subject to the proposed exception may a broader array of products. exceed 7% of the dollar weight of the The Commission finds good cause for underlying index or indexes of equity securities. Commodity Reference Asset or See Section 703.22 of the Manual. approving the proposed rule change Commodity Reference Asset, as the case 10 See Section 703.22(B)(I)(2)(vii) of the Manual. before the 30th day after the date of may be. See also Securities Exchange Act Release Nos. publication of notice of filing thereof in The Exchange stated that many 55687 (May 1, 2007), 72 FR 25824 (May 7, 2007) the Federal Register. The Commission (SR–NYSE–2007–27) (approving the generic listing commodity and currency markets are notes that it has previously approved and trading standards for Index-Linked Securities, not members or affiliates of ISG, and the similar approaches to the instant including Equity Index-Linked Securities); and Exchange frequently experiences proposal, including another provision in 54013 (June 16, 2006), 71 FR 36372 (June 26, 2006) difficulty entering into CSSAs with such section 703.22 of the Manual permitting (SR–NYSE–2006–17) (approving the listing and markets. The Exchange noted that the the listing of Equity Index-Linked trading of shares of the iShares GSCI Commodity Indexed Trust and providing that, if a new proposed amendment would provide Securities,9 where the underlying equity the Exchange with greater flexibility to component is added to the underlying index that constitutes more than 10% of the overall weight of list securities under section 703.22 of 7 In approving this proposed rule change, the the index and with whose principal trading market the Manual that are linked to a broader Commission notes that it has considered the the Exchange does not have a comprehensive proposed rule’s impact on efficiency, competition, range of underlying assets, such as surveillance sharing agreement, the Exchange and capital formation. See 15 U.S.C. 78c(f). commodities and currencies, thereby would seek to delist such shares). 8 15 U.S.C. 78f(b)(5). 11 15 U.S.C. 78s(b)(2). providing issuers with a faster and less 9 Equity Index-Linked Securities are defined as cumbersome means of listing new securities that provide for the payment at maturity 12 Id. Commodity-Linked Securities and of a cash amount based on the performance of an 13 17 CFR 200.30–3(a)(12).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56116 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s 2. Statutory Basis COMMISSION Statement of the Purpose of, and The Exchange believes that its Statutory Basis for, the Proposed Rule [Release No. 34–56535; File No. SR–Phlx– proposal is consistent with Section 6(b) 2007–59] Change of the Act,9 in general, and furthers the 10 In its filing with the Commission, the objectives of Section 6(b)(5) of the Act, Self-Regulatory Organizations; in particular, in that it is designed to Philadelphia Stock Exchange, Inc.; Phlx included statements concerning the purpose of and basis for the promote just and equitable principles of Notice of Filing and Immediate trade, to remove impediments to and Effectiveness of Proposed Rule proposed rule change and discussed any comments it received on the proposed perfect the mechanism of a free and Change Relating to a System Change open market and a national market rule change. The text of these statements to the Phlx’s Electronic Options system, and, in general, to protect may be examined at the places specified Trading Platform, Phlx XL investors and the public interest by in Item IV below. The Phlx has prepared enabling members to better manage risk September 26, 2007. summaries, set forth in Sections A, B, through the automated quote purge Pursuant to Section 19(b)(1) of the and C below, of the most significant feature. Securities Exchange Act of 1934 aspects of such statements. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 B. Self-Regulatory Organization’s notice is hereby given that on August A. Self-Regulatory Organization’s Statement on Burden on Competition Statement of the Purpose of, and 10, 2007, the Philadelphia Stock The Phlx does not believe that the Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) Statutory Basis for, the Proposed Rule Change proposed rule change will impose any filed with the Securities and Exchange burden on competition not necessary or Commission (‘‘Commission’’) the 1. Purpose appropriate in furtherance of the proposed rule change as described in purposes of the Act. Items I, II, and III below, which Items The purpose of the proposed rule have been prepared substantially by the change is to help Exchange members C. Self-Regulatory Organization’s Phlx. The Exchange filed the proposal manage risk by adding a new Statement on Comments on the pursuant to Section 19(b)(3)(A) of the mechanism to the Phlx XL system to Proposed Rule Change Received From Act 3 and Rule 19b–4(f)(5) thereunder,4 purge certain electronic quotations. Members, Participants, or Others which renders the proposal effective Members quoting and trading on Phlx No written comments were either upon filing with the Commission. The XL currently have the ability to purge solicited or received. Commission is publishing this notice to electronic quotations in specific options III. Date of Effectiveness of the solicit comments on the proposed rule series under certain circumstances by change from interested persons. Proposed Rule Change and Timing for sending the appropriate electronic Commission Action I. Self-Regulatory Organization’s message to Phlx XL. The Phlx has filed the proposed rule Statement of the Terms of Substance of It has recently come to the Exchange’s change pursuant to Section 19(b)(3)(A) the Proposed Rule Change attention, however, that certain of the Act 11 and subparagraph (f)(5) of The Phlx proposes to add a new members do not have the ability to send Rule 19b–4 thereunder.12 Because the feature to the Exchange’s electronic a formatted ‘‘purge’’ message. Instead, Phlx has designated the foregoing options trading platform, Phlx XL,5 that such members that wish to remove their proposed rule change as one that effects will automatically purge quotations electronic quotations in a series submit a change in an existing order entry or submitted by specialists, Streaming an artificially wide quotation of $0.00 trading system that does not: (i) Quote Traders (‘‘SQTs’’),6 and Remote bid, $99,999.00 offered with the Significantly affect the protection of Streaming Quote Traders (‘‘RSQTs’’) 7 expectation that the Exchange will investors or the public interest; (ii) with a bid price of $0.00 and an offering purge their quotation for the series. impose any significant burden on price of $99,999.00. Currently, the Exchange does not purge competition; or (iii) have the effect of The proposed rule change is available such quotations. The Phlx believes that limiting access to or availability of the at the Phlx, in the Commission’s Public this could result in trading errors of system, it has become effective pursuant Reference Room, and on the Phlx’s Web great magnitude, necessitating to Section 19(b)(3)(A) of the Act and site at http://www.phlx.com. nullification of such trades based on the Rule 19b–4(f)(5) thereunder. Phlx’s obvious error rule.8 The Phlx At any time within 60 days of the 1 15 U.S.C. 78s(b)(1). believes that member organizations filing of the proposed rule change, the 2 17 CFR 240.19b–4. could be inconvenienced during the Commission may summarily abrogate 3 15 U.S.C. 78s(b)(3)(A). time period needed to investigate and 4 such rule change if it appears to the 17 CFR 240.19b–4(f)(5). correct the error, and could miss trading 5 See Securities Exchange Act Release No. 50100 Commission that such action is (July 27, 2004), 69 FR 46612 (August 3, 2004) (order opportunities while their accounts are necessary or appropriate in the public approving File No. SR–Phlx–2003–59). corrected. interest, for the protection of investors, 6 An SQT is an Exchange Registered Options To address this issue, the Exchange or otherwise in furtherance of the Trader (‘‘ROT’’) who has received permission from purposes of the Act.13 the Exchange to generate and submit option has built a feature of the Phlx XL system quotations electronically through an electronic that will purge any electronic quotation IV. Solicitation of Comments interface with AUTOM via an Exchange-approved received with a bid price of $0.00 and proprietary electronic quoting device in eligible an offering price of $99,999.00. The Interested persons are invited to options to which such SQT is assigned. See Phlx submit written data, views, and Rule 1014(b)(ii)(A). Exchange believes that this will 7 An RSQT is a participant in Phlx XL who has eliminate the substantial risk borne by 9 15 U.S.C. 78f(b). received permission from the Exchange to trade in the Exchange and its members in 10 options for his own account, and to generate and 15 U.S.C. 78f(b)(5). handling such quotations. 11 submit option quotations electronically from off the 15 U.S.C. 78s(b)(3)(A). floor of the Exchange through AUTOM in eligible 12 17 CFR 240.19b–4(f)(5). options to which the RSQT has been assigned. 8 See Phlx Rule 1092. 13 See 15 U.S.C. 78s(b)(3)(C).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56117
arguments concerning the foregoing, For the Commission, by the Division of pricing tiers; (3) amend the amount of including whether the proposed rule Market Regulation, pursuant to delegated the credits or rebates to Net Makers and 14 change is consistent with the Act. authority. the fees for Net Takers; and (4) make Comments may be submitted by any of Florence E. Harmon, two other minor changes to update the the following methods: Deputy Secretary. XLE Fee Schedule. [FR Doc. E7–19398 Filed 10–1–07; 8:45 am] The proposed fees will be assessed on Electronic Comments BILLING CODE 8011–01–P Exchange members or member • Use the Commission’s Internet organizations, which may include 6 comment form (http://www.sec.gov/ Sponsoring Member Organizations SECURITIES AND EXCHANGE (collectively ‘‘member organizations’’). rules/sro.shtml); or COMMISSION The changes set forth in this proposal • Send an e-mail to rule- [Release No. 34–56526; File No. SR–Phlx– are scheduled to become operative [email protected]. Please include File 2007–67] beginning with transactions settling on Number SR–Phlx–2007–59 on the or after September 4, 2007. subject line. Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.; The text of the proposed rule change Paper Comments Notice of Filing and Immediate is available at Phlx, the Commission’s Effectiveness of Proposed Rule Public Reference Room, and • Send paper comments in triplicate Change as Modified by Amendment www.phlx.com. to Nancy M. Morris, Secretary, No. 1 Thereto Relating to XLE Fees Securities and Exchange Commission, II. Self-Regulatory Organization’s 100 F Street, NE., Washington, DC September 25, 2007. Statement of the Purpose of, and 20549–1090. Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule Securities Exchange Act of 1934 Change All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Number SR–Phlx–2007–59. This file In its filing with the Commission, notice is hereby given that on August Phlx included statements concerning number should be included on the 31, 2007, the Philadelphia Stock subject line if e-mail is used. To help the the purpose of and basis for the Exchange, Inc. (‘‘Phlx’’ or the proposed rule change and discussed any Commission process and review your ‘‘Exchange’’), filed with the Securities comments it received on the proposed comments more efficiently, please use and Exchange Commission (the rule change. The text of these statements only one method. The Commission will ‘‘Commission’’) the proposed rule may be examined at the places specified post all comments on the Commission’s change as described in Items I, II, and in Item IV below. Phlx has prepared Internet Web site (http://www.sec.gov/ III below, which Items have been summaries, set forth in Sections A, B, rules/sro.shtml). Copies of the substantially prepared by the Exchange. and C below, of the most significant submission, all subsequent On September 20, 2007, Phlx filed aspects of such statements. amendments, all written statements Amendment No. 1 to the proposed rule with respect to the proposed rule change. The Exchange filed the A. Self-Regulatory Organization’s change that are filed with the proposed rule change pursuant to Statement of the Purpose of, and Commission, and all written Section 19(b)(3)(A) of the Act 3 and Rule Statutory Basis for, the Proposed Rule communications relating to the 19b–4(f)(2) thereunder,4 which renders Change proposed rule change between the it effective upon filing with the 1. Purpose Commission and any person, other than Commission. The Commission is publishing this notice to solicit In an effort to enhance liquidity on those that may be withheld from the XLE, the Exchange proposes to amend public in accordance with the comments on the proposed rule change as amended from interested persons. the XLE fee schedule to provide provisions of 5 U.S.C. 552, will be economic incentives to help attract available for inspection and copying in I. Self-Regulatory Organization’s additional order flow to the Exchange. the Commission’s Public Reference Statement of the Terms of Substance of The proposed amendments to the XLE Room, 100 F Street, NE., Washington, the Proposed Rule Change Fee Schedule are discussed in detail DC 20549, on official business days Phlx proposes to amend the below: between the hours of 10 a.m. and 3 p.m. 5 Exchange’s current XLE Fee Schedule i. Adopt Definitions for Net Makers and Copies of the filing also will be available to: (1) Adopt definitions for Net Makers Net Takers for inspection and copying at the of liquidity (‘‘Net Makers’’) and Net principal office of the Phlx. All Takers of liquidity (‘‘Net Taker’’) on An XLE Participant Organization 7 comments received will be posted XLE; (2) update the current volume tier would qualify as a Net Maker if the total without change; the Commission does structure by reducing the volume volume from providing liquidity for that not edit personal identifying breakpoints to create two new volume XLE Participant Organization is at least information from submissions. You one share greater than the total volume should submit only information that 14 17 CFR 200.30–3(a)(12). from removing liquidity during a single you wish to make available publicly. All 1 15 U.S.C. 78s(b)(1). 2 submissions should refer to File 17 CFR 240.19b–4. 6 See Exchange Rules 1(jj) and 1(kk) (defining 3 15 U.S.C. 78s(b)(3)(A). ‘‘Sponsored Participant’’ and ‘‘Sponsoring Member Number SR–Phlx–2007–59 and should 4 17 CFR 240.19b–4(f)(2). Organization’’). be submitted on or before October 23, 5 XLE refers to the Exchange’s equity trading 7 For purposes of this fee proposal, an XLE 2007. system. XLE is designed to provide the opportunity Participant Organization refers to Sponsored for entirely automated executions to occur within Participants, Sponsoring Member Organizations, a central matching system accessible by Exchange and member organizations without Sponsored members and member organizations and their participants. See Exchange Rules 1(jj) and 1(kk). Sponsored Participants. See Securities Exchange Sponsoring Member Organizations are responsible Act Release No. 54538 (September 28, 2006), 71 FR for the fees generated by their Sponsored 59184 (October 6, 2006) (SR–Phlx–2006–43). Participant(s).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56118 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
billing period.8 Additionally, if in one volume from Routed Away Orders, million shares executed (average daily month the total volume from providing referred to on the XLE Fee Schedule as volume) and Tier Two would be liquidity is equivalent to the total ‘‘Fee for Routing Liquidity (Per Share comprised of volume of greater than or volume from removing liquidity, the Executed).’’ equal to one million shares executed XLE Participant Organization would be Consistent with current practice, the (average daily volume). The proposed considered a Net Maker for purposes of Net Maker or Net Taker calculation will volume tiers would be determined by this proposal. be determined separately per XLE calculating the average daily volume of For example, for the month of August, Participant Organization. Volume total shares executed (volume from if an XLE Participant Organization’s generated from a Sponsored providing liquidity and the volume from total volume from providing liquidity is Participant’s executions will accrete removing liquidity) during the 2 million shares executed and for that towards that Sponsored Participant’s applicable billing period. Consistent same month that XLE Participant volume to determine whether Maker or with calculating volume levels for Net Organization’s total volume from Taker fees will be assessed, and not Maker/Net Taker activity, the tier removing liquidity was 1.5 million towards the Sponsoring Member volume is calculated based on volume shares executed (total executed volume Organization’s volume. Once an XLE generated from Maker/Taker executions is therefore 3.5 million shares) that XLE Participant Organization has been and volume from single-sided odd lot Participant Organization would qualify designated as a Maker or Taker for a orders executed on XLE against an XLE as a Net Maker for that same month. specific month, all transactions that Participant. Conversely, an XLE Participant month would be subject to the fee that To calculate the average daily shares Organization would qualify as a Net corresponds with whether the XLE executed, the total number of executed Taker if the total volume from removing Participant Organization is a Maker or shares (comprised of liquidity provided, liquidity for that XLE Participant Taker.14 liquidity removed, and single-sided odd Organization is at least one share greater ii. Update the Current Volume Tier lot orders executed on XLE against an than the total volume from providing Structure by Reducing the Volume XLE Participant during the applicable liquidity during a single billing period. Breakpoints To Create Two New billing period) would be divided by the For example, for the month of August, Volume Pricing Tiers number of trading days during the if an XLE Participant Organization’s applicable billing period. For example, The Exchange also proposes to change total volume from removing liquidity is for a billing period with 20 trading days, the aggregate volume calculations and 3 million shares executed and for that if an XLE Participant Organization lower the current volume-based same month, that XLE Participant executed 23 million shares (comprised breakpoints to entice XLE Participant Organization’s total volume from of 15 million executed shares from Organizations to generate additional providing liquidity and 8 million shares providing liquidity was 2 million shares trading activity. executed, that XLE Participant Currently, there are four volume tiers from removing liquidity), the average Organization would qualify as a Net based on monthly shares executed. The daily volume is calculated by adding the Taker for that same month. total of monthly executed shares liquidity provided (15 million executed Volume would be calculated based on includes executions resulting from shares), to the liquidity removed (8 volume generated from Maker removing and providing liquidity on million executed shares), which totals (providing liquidity) or Taker (removing XLE and crosses executed on XLE, as 23 million shares, and then dividing by liquidity) executions, and volume from well as shares executed when routed via 20 days (or applicable trading days in single-sided odd lot orders 9 executed XLE to an away trading center and the month), which equals 1,150,000 on XLE against an XLE Participant.10 executed on that away trading center. average daily shares executed. Volume from the following transactions The existing fee schedule established Due to the lower volume tier would not be included in determining four volume breakpoints based on the breakpoint, the following transactions Net Maker and Net Taker volumes: aggregate monthly shares executed with would not be included in determining Immediate or Cancel (‘‘IOC’’) Cross 11 the last two tiers set at ‘‘greater than 50 the applicable volume tier 15 and Mid-Point Cross Orders 12 entered million and less than or equal to 200 breakpoints: IOC Cross and Mid-Point over technology provided by Phlx,13 million shares executed’’ in one month Cross Orders entered over technology including odd lot IOC Cross and Mid- and ‘‘greater than 200 million shares,’’ provided by Phlx, including odd lot IOC Point Cross Orders; all other IOC Cross respectively. These levels have proven Cross and Mid-Point Cross Orders; all and Mid-Point Cross Orders, including to be difficult for XLE Participant other IOC Cross and Mid-Point Cross all other odd lot IOC Cross and Mid- Organizations to reach. Therefore, the Orders, including all other odd lot IOC Point Cross Orders; Single-sided odd lot Exchange proposes to lower the Cross and Mid-Point Cross Orders; orders executed at an away market; and volumes used in the volume-based tiers Single-sided odd lot orders executed at and to change the volume calculation an away market; and volume from 8 Currently, the Exchange assesses fees on a from a monthly one to one based on Routed Away Orders, referred to on the monthly calendar basis based on the settlement date average daily volume. XLE Fee Schedule as ‘‘Fee for Routing of the transactions. Liquidity (Per Share Executed).’’ 9 An odd lot order means an order for less than The proposed two volume tiers would a round lot, which is defined for purposes of XLE be as follows: Tier One would be Consistent with current practice, the as a unit of trading that is 100 shares. See Exchange comprised of volume of less than one total monthly shares will be calculated Rules 1(w) and 1(gg). separately per XLE Participant 10 All odd lot transactions refer to those orders 14 Securities executed on XLE with a per share Organization. Sponsored Participant that are initially entered as odd lot orders. Fees for price below $1.00 that remove liquidity, will executions will accrete towards that these types of transactions are set forth on the continue to be charged 0.1% (i.e., 10 basis points) Sponsored Participant’s volume tier and Exchange’s XLE fee schedule under the heading of total dollar value of the transaction. Consistent Miscellaneous Transaction fees. with current practice, there would be no credit for not towards the Sponsoring Member 11 See Exchange Rules 185(c) and 185(c)(2). providing liquidity for shares with a per share price 12 See Exchange Rules 185(c) and 185(c)(1). below $1.00. Executed volume in such shares will 15 These are the same requirements for 13 Phlx provides optional technology to XLE accrete towards the volume tier breakpoint determining Net Maker and Net Taker volumes. All Participants for the entry of two-sided orders into (discussed below) and Maker/Taker category per volume calculations would be based settlement XLE. XLE Participant Organization. dates.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56119
Organization’s volume tier. Once a iv. Additional Changes to the XLE Fee III. Date of Effectiveness of the specific tier has been reached in a Schedule Proposed Rule Change and Timing for month, all transactions for that month Commission Action would be subject to the fee that The Exchange also proposes to make the following two minor changes to the The foregoing proposed rule change is corresponds with that volume tier. XLE fee Schedule: (1) Under subject to Section 19(b)(3)(A)(ii) of the 19 iii. Amend the Amount of the Credits or Miscellaneous Fees for ‘‘Execution Fee Act and subparagraph (f)(2) of Rule 19b–4 thereunder 20 because it Rebates to Net Makers and the Fees for for Single-Sided Odd Lot Orders establishes or changes a due, fee, or Net Takers executed on XLE against another XLE Participant,’’ the Exchange proposes to other charge applicable only to a The Exchange is proposing to amend change the word ‘‘another’’ to ‘‘an’’ to member imposed by a self-regulatory the Net Maker credits or rebates and Net clarify that the same XLE Participant organization. Accordingly, the proposal Taker fees in an effort to balance the could be on both sides of the is effective upon Commission receipt of the filing. At any time within 60 days need to offer liquidity Makers sufficient transaction; and (2) delete the reference of the filing of the proposed rule change, economic incentives to participate on to Monthly Drop Copy Feed Fee.16 the Commission may summarily XLE (in the form of competitive Although there is no charge for this abrogate such rule change if it appears ‘‘Maker’’ credit) and the need to earn service, at this time the Exchange is not to the Commission that such action is sufficient transaction revenue from a providing a Monthly Drop Copy Feed. necessary or appropriate in the public business standpoint (in the form of The purpose of the two minor changes interest, for the protection of investors, liquidity taking fees). The Exchange is to clarify and update the XLE fee or otherwise in furtherance of the proposes to adopt the following fees: (1) schedule to more accurately reflect the purposes of the Act.21 For less than one million shares XLE fees being charged by the executed (average daily volume), the Exchange. IV. Solicitation of Comments Net Maker fee for removing liquidity The changes set forth in this proposal Interested persons are invited to would be $0.0030 per share executed are scheduled to become operative submit written data, views, and and the credit for providing liquidity beginning with transactions settling on arguments concerning the foregoing, would be $0.0025 per share executed; or after September 4, 2007. including whether the proposed rule the Net Taker fee for removing liquidity change is consistent with the Act. would be $0.0030 per share executed 2. Statutory Basis Comments may be submitted by any of and the credit for providing liquidity The Exchange believes that its the following methods: would be $0.0022 per share executed; proposal to amend its schedule of fees (2) for greater than or equal to one Electronic Comments is consistent with Section 6(b) of the • Use the Commission’s Internet million shares executed (average daily 17 Act in general, and furthers the comment form (http://www.sec.gov/ volume), the Net Maker fee for removing objectives of Section 6(b)(4) of the Act 18 liquidity would be $0.0024 per share rules/sro.shtml); or in particular, in that it is an equitable • executed and the credit for providing Send an e-mail to rule- allocation of reasonable fees and other [email protected]. Please include File liquidity would be $0.0028 per share charges among Exchange members. The executed; the Net Taker fee for removing Number SR–Phlx–2007–67 on the Exchange believes that this proposal is subject line. liquidity would be $0.0026 per share equitable and reasonable in that it is executed and the credit for providing Paper comments: designed to create financial incentives • Send paper comments in triplicate liquidity would be $0.0024 per share for all XLE Participant Organizations to to Nancy M. Morris, Secretary, executed. encourage them to send additional order Securities and Exchange Commission, Consistent with current practice, the flow to the Exchange. This additional 100 F Street, NE., Washington, DC dollar value of the Net Maker credits order flow should, in turn, stimulate 20549–1090. would appear on the member additional transaction volume and All submissions should refer to File organization’s monthly invoice. The liquidity at the Exchange. Number SR–Phlx–2007–67. This file dollar amount of the excess credits B. Self Regulatory Organization’s number should be included on the would continue to be carried over into Statement on Burden on Competition subject line if e-mail is used. To help the subsequent months or rebated to the Commission process and review your applicable member organization as The Exchange does not believe that comments more efficiently, please use requested by the member organization. the proposed rule change will impose only one method. The Commission will The purpose of this proposal is to any burden on competition that is not post all comments on the Commission’s attract more business by enticing Net necessary or appropriate in furtherance Internet Web site (http://www.sec.gov/ Makers to the Exchange and by creating of the purposes of the Act. rules/sro.shtml). Copies of the financial incentives to XLE Participant C. Self-Regulatory Organization’s submission, all subsequent Organizations to encourage them to Statement on Comments on the amendments, all written statements send additional order flow to the Proposed Rule Change Received From with respect to the proposed rule Exchange. The economics of the Members, Participants or Others change that are filed with the proposed fee schedule are focused Commission, and all written around creating financial incentives to Written comments on the proposed 19 attract additional order flow to the rule change were neither solicited nor 15 U.S.C. 78s(b)(3)(A)(ii). received. 20 17 CFR 240.19b–4(f)(2). Exchange while managing the risk 21 For purposes of calculating the 60–day period associated with those financial within the Commission may summarily abrogate incentives. The proposed changes to the 16 The Drop Copy Feed refers to real-time the proposed rule change under Section 19(b)(3)(C) information concerning trades executed by an XLE XLE Fee Schedule are intended to of the Act, the Commission considers the period to Participant Organization. commence on September 20, 2007, the date on stimulate liquidity and generate a 17 15 U.S.C. 78f(b). which Phlx filed Amendment No. 1. See 15 U.S.C. reasonable return. 18 15 U.S.C. 78f(b)(4). 78s(b)(3)(C).
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56120 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
communications relating to the Administrator’s EIDL declaration, services of a governmental nature may proposed rule change between the applications for economic injury file disaster loan applications at the Commission and any person, other than disaster loans may be filed at the address listed above or other locally those that may be withheld from the address listed above or other locally announced locations. public in accordance with the announced locations. The following areas have been provisions of 5 U.S.C. 552, will be The following areas have been determined to be adversely affected by available for inspection and copying in determined to be adversely affected by the disaster: the Commission’s Public Reference the disaster: Primary Counties: Room, 100 F Street, NE., Washington, Primary Counties: Dade, Dallas, Greene, Laclede, DC 20549, on official business days Canyon: Idaho, Lemhi, Valley. Lawrence, Polk, Webster. between the hours of 10 am and 3 pm. Contiguous Counties: The Interest Rates are: Copies of such filing also will be Idaho: Ada, Adams, Boise, Butte, available for inspection and copying at Clark, Clearwater , Custer, Gem, Percent the principal office of Phlx. All Lewis, Nez Perce, Owyhee, Payette. comments received will be posted Other (Including Non-Profit Organi- Montana: Beaverhead, Missoula, zations) With Credit Available without change; the Commission does Ravalli. Elsewhere ...... 5.250 not edit personal identifying Oregon: Malheur, Wallowa. Businesses And Non-Profit Organi- information from submissions. You The Interest Rate is: 4.000. zations Without Credit Available should submit only information that The number assigned to this disaster Elsewhere ...... 4.000 you wish to make available publicly. All for economic injury is 110450. submissions should refer to File The States which received an EIDL The number assigned to this disaster Number SR–Phlx–2007–67 and should Declaration # are Idaho, Montana, for physical damage is 11044. be submitted on or before October 23, Oregon. (Catalog of Federal Domestic Assistance 2007. (Catalog of Federal Domestic Assistance Number 59008) For the Commission, by the Division of Number 59002) James E. Rivera, Market Regulation, pursuant to delegated Dated: September 25, 2007. authority.22 Acting Associate Administrator for Disaster Steven C. Preston, Assistance. Florence E. Harmon, Administrator. [FR Doc. E7–19395 Filed 10–1–07; 8:45 am] Deputy Secretary. [FR Doc. E7–19391 Filed 10–1–07; 8:45 am] BILLING CODE 8025–01–P [FR Doc. E7–19404 Filed 10–1–07; 8:45 am] BILLING CODE 8025–01–P BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 11043] SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 11044] [Disaster Declaration # 11045] Montana Disaster # MT–00024 Missouri Disaster # MO–00016 Declaration of Economic Injury Idaho Disaster # ID–00005 Declaration AGENCY: of Economic Injury. AGENCY: U.S. Small Business U.S. Small Business Administration. Administration. AGENCY: U.S. Small Business ACTION: ACTION: Notice. Notice. Administration. SUMMARY: This is a notice of an ACTION: Notice. SUMMARY: This is a Notice of the Economic Injury Disaster Loan (EIDL) Presidential declaration of a major SUMMARY: This is a notice of an declaration for the state of Montana, disaster for Public Assistance Only for Economic Injury Disaster Loan (EIDL) dated 09/25/2007. the State of Missouri (FEMA–1728–DR), declaration for the State of Idaho, dated Incident: Wildland Fires. dated 09/21/2007. 09/25/2007. Incident Period: 07/21/2007 and Incident: Severe Storms and Flooding. Incident: Central Idaho Wildland continuing. Incident Period: 08/19/2007 through Fires. Effective Date: 09/25/2007. Incident Period: 07/07/2007 and 08/21/2007. EIDL Loan Application Deadline Date: Continuing. Effective Date: 09/21/2007. 06/25/2008. Effective Date: 09/25/2007. Physical Loan Application Deadline ADDRESSES: Submit completed loan EIDL Loan Application Deadline Date: Date: 11/20/2007. applications to: U.S. Small Business 06/25/2008. ADDRESSES: Submit completed loan Administration, Processing And ADDRESSES: Submit completed loan applications to: U.S. Small Business Disbursement Center, 14925 Kingsport applications to: U.S. Small Business Administration, Processing And Road, Fort Worth, TX 76155. Administration, Processing and Disbursement Center, 14925 Kingsport FOR FURTHER INFORMATION CONTACT: A. Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. Escobar, Office of Disaster Assistance, Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. U.S. Small Business Administration, FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, 409 3rd Street, SW., Suite 6050, Escobar, Office of Disaster Assistance, U.S. Small Business Administration, Washington, DC 20416. U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, SUPPLEMENTARY INFORMATION: Notice is 409 3rd Street, SW., Suite 6050, Washington, DC 20416. hereby given that as a result of the Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is Administrator’s EIDL declaration, SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the applications for economic injury hereby given that as a result of the President’s major disaster declaration on disaster loans may be filed at the 09/21/2007, Private Non-Profit address listed above or other locally 22 17 CFR 200.30–3(a)(12). organizations that provide essential announced locations.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56121
The following areas have been (Catalog of Federal Domestic Assistance 6. Discussion and agreement of determined to be adversely affected by Numbers 59002 and 59008) location and dates for subsequent the disaster: Herbert L. Mitchell, meetings. Attendance is open to the interested Primary Counties: Associate Administrator for Disaster Lewis and Clark, Missoula. Assistance. public but limited to space available. With the approval of the Executive Contiguous Counties: [FR Doc. E7–19390 Filed 10–1–07; 8:45 am] Director, members of the public may Montana: Broadwater, Cascade, BILLING CODE 8025–01–P present oral statements at the meeting. Flathead, Granite, Jefferson, Lake, Persons desiring to attend and persons Meagher, Mineral, Powell, Ravalli, desiring to present oral statement Sanders, Teton. DEPARTMENT OF TRANSPORTATION should notify the person listed above no Idaho: Clearwater, Idaho. later than October 19, 2007. The next Federal Aviation Administration The Interest Rate is: 4.000. quarterly meeting of the FAA ATPAC is The number assigned to this disaster Air Traffic Procedures Advisory scheduled for January 15–17, 2008, in for economic injury is: 110430. Committee Washington, DC. The States which received an EIDL Any member of the public may Declaration # are Montana, Idaho. AGENCY: Federal Aviation present a written statement to the (Catalog of Federal Domestic Assistance Administration (FAA), DOT. Committee at any time at the address Number 59002) ACTION: Notice of public meeting. given above. Steven C. Preston, Issued in Washington, DC, on September SUMMARY: The FAA is issuing this notice 25, 2007. Administrator. to advise the public that a meeting of Richard Jehlen, [FR Doc. E7–19397 Filed 10–1–07; 8:45 am] the Federal Aviation Administration Air Executive Director, Air Traffic Procedures BILLING CODE 8025–01–P Traffic Procedures Advisory Committee Advisory Committee. (ATPAC) will be held to review present [FR Doc. E7–19413 Filed 10–1–07; 8:45 am] air traffic control procedures and SMALL BUSINESS ADMINISTRATION practices for standardization, revision, BILLING CODE 4910–13–P clarification, and upgrading of [Disaster Declaration # 10927 and # 10928] terminology and procedures. DEPARTMENT OF TRANSPORTATION DATES: The meeting will be held Oklahoma Disaster Number OK–00012 Monday, October 29, 2007, from 9 a.m. Federal Highway Administration to 4:30 p.m.; Tuesday, October 30, 2007, AGENCY: U.S. Small Business Interoperability Requirements, Administration. from 9 a.m. to 4:30 p.m.; and Wednesday, October 31, 2007, from 9 Standards, or Performance ACTION: Amendment 7. a.m. to 4:30 p.m. Specifications for Automated Toll Collection Systems; Public Meeting SUMMARY: This is an amendment of the ADDRESSES: The meeting will be held at Presidential declaration of a major the Marriott Wardman Park Hotel, AGENCY: Federal Highway disaster for the State of Oklahoma McKinley Room, 2660 Woodley Road, Administration (FHWA); DOT. (FEMA–1712–DR), dated 07/07/2007. NW., Washington, DC 20008. ACTION: Notice of public meeting. Incident: Severe Storms, Flooding, FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: and Tornadoes. Richard Jehlen, Executive Director, On September 20, 2007, the FHWA published its Notice of Proposed Incident Period: 06/10/2007 through ATPAC, 800 Independence Avenue, Rulemaking (NPRM) in the Federal 07/25/2007. SW., Washington, DC 20591, telephone Register at 72 FR 53736. This Effective Date: 09/24/2007. (202) 493–4527. publication announced a public meeting SUPPLEMENTARY INFORMATION: Pursuant Physical Loan Application Deadline on October 11, 2007, to discuss the to Section 10(a)(2) of the Federal Date: 11/05/2007. NPRM. In response to comments Advisory Committee Act (Pub. L. 92– EIDL Loan Application Deadline Date: received, the FHWA has decided to hold 463; 5 U.S.C. App. 2), notice is hereby 04/07/2008. an additional public meeting on October given of a meeting of the ATPAC to be ADDRESSES: Submit completed loan 18, 2007, at 1:30 p.m. All interested held Monday, October 29, 2007, from 9 applications to: U.S. Small Business persons are invited to offer views at a.m. to 4:30 p.m.; Tuesday, October 30, Administration, Processing and these two public meetings. 2007, from 9 a.m. to 4:30 p.m.; and Disbursement Center, 14925 Kingsport DATES: The first public meeting will be Road, Fort Worth, TX 76155. Wednesday, October 31, 2007, from 9 a.m. to 4:30 p.m. held on October 11, 2007, beginning at FOR FURTHER INFORMATION CONTACT: A. The agenda for this meeting will cover 1:30 p.m. The second public meeting Escobar, Office of Disaster Assistance, a continuation of the Committee’s will be held on October 18, 2007, U.S. Small Business Administration, review of present air traffic control beginning at 1:30 p.m. 409 3rd Street, SW., Suite 6050, procedures and practices for ADDRESSES: Both public meetings will Washington, DC 20416. standardization, revision, clarification, be held at the U.S. Department of SUPPLEMENTARY INFORMATION: The notice and upgrading of terminology and Transportation headquarters conference of the President’s major disaster procedures. It will also include: center, 1200 New Jersey Avenue, SE., declaration for the State of Oklahoma, 1. Approval of Minutes; Washington, DC 20590. dated 07/07/2007 is hereby amended to 2. Submission and Discussion of FOR FURTHER INFORMATION CONTACT: For extend the deadline for filing Areas of Concern; technical questions or information about applications for physical damages as a 3. Discussion of Potential Safety this notice of proposed rulemaking, result of this disaster to 11/05/2007. Items; contact Mr. Robert Rupert, FHWA Office All other information in the original 4. Report from Executive Director; of Operations, (202) 366–2194. For legal declaration remains unchanged. 5. Items of Interest; and questions, please contact Mr. Michael
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56122 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Harkins, Attorney Advisor, FHWA DEPARTMENT OF TRANSPORTATION programmatic environmental review, Office of the Chief Counsel, (202) 366– please contact: Mr. Dan Leavitt, Deputy 4928, Federal Highway Administration, Federal Railroad Administration Director of the California High-Speed 1200 New Jersey Avenue, SE., Rail Authority, 925 L Street, Suite 1425, Draft Bay Area to Central Valley High- Sacramento, CA 95814 (telephone 916– Washington, DC 20590. Office hours for Speed Train Programmatic the FHWA are from 7:45 a.m. to 4:15 324–1541); or Mr. David Valenstein, Environmental Impact Report/ Environmental Program Manager, Office p.m., e.t., Monday through Friday, Environmental Impact Statement except Federal holidays. of Passenger Programs, Federal Railroad AGENCY: Federal Railroad Administration, 1120 Vermont Avenue SUPPLEMENTARY INFORMATION: Administration (FRA), U.S. Department (Mail Stop 20), Washington, DC 20590 Background of Transportation (DOT). (telephone 202–493–6368). ACTION: Notice of extension of draft SUPPLEMENTARY INFORMATION: More On September 20, 2007, the FHWA environmental impact statement information about the proposed HST published its NPRM in the Federal comment period. system, the first-tier Program EIR/EIS Register at 72 FR 53736. As required addressing the HST system and the under section 1604(b)(6) of the Safe, SUMMARY: On July 2, 2007, FRA Draft Bay Area to Central Valley HST Accountable, Flexible, Efficient approved for release and agency and EIS are available at http:// public review the Draft Program Transportation Equity Act: A Legacy for www.cahighspeedrail.ca.gov. Environmental Impact Report/ Users (SAFETEA–LU), the proposed Environmental Impact Statement (EIR/ Issued in Washington, DC, on September rule specifies the interoperability EIS) for the Bay Area to Central Valley 26, 2007. requirements for automated toll portion of the California High Speed Mark E. Yachmetz, collection systems for the facilities that Rail Authority’s (Authority) proposed Associate Administrator for Railroad are tolled under any of the tolling High Speed Train Program for the State Development. programs contained in section 1604 of of California. FRA is the lead federal [FR Doc. 07–4854 Filed 9– 27–07; 1:10 pm] SAFETEA–LU. Specifically, this NPRM agency on the environmental review in BILLING CODE 4910–06–P proposes to require facilities operating accordance with the National with authority under section 1604 of Environmental Policy Act (NEPA) and SAFETEA–LU to use electronic toll the Authority is the project sponsor and DEPARTMENT OF TRANSPORTATION collection systems and for these systems lead agency for the California Federal Transit Administration to address their interoperability with Environmental Quality Act review. In other toll facilities. Although a releasing the Draft Program EIR/EIS, [FTA Docket No. FTA–2007–29355] nationwide interoperability standard FRA and the Authority established a 70- has not yet been established, the day public comment period that was Notice of Request for a New Collection scheduled to end on September 28, proposed rule seeks to accelerate AGENCY: Federal Transit Administration, progress toward achieving nationwide 2007. The public was notified of the 70- DOT. day comment period through a variety interoperability by requiring these ACTION: Notice of request for comments. facilities to upgrade their electronic toll of avenues, including newspaper publications, information included on collection systems to the national SUMMARY: In accordance with the both agencies’ Web sites, at public standards whenever adopted. Paperwork Reduction Act of 1995, this hearings held throughout the affected notice announces the intention of the The September 20, 2007, notice area, and through the U.S. Federal Transit Administration (FTA) to announced a public meeting on October Environmental Protection Agency’s request the Office of Management and 11, 2007, to discuss the NPRM. In weekly Federal Register publication (72 Budget (OMB) to approve a new response to comments received, the FR 39808, July 20, 2007), which noted collection: 49 U.S.C. Section 5317, New FHWA has decided to hold an the availability of the Draft Program Freedom Program. additional public meeting on October EIR/EIS, identified as EIS No. 20070303. DATES: Comments must be submitted 18, 2007. At its September 26, 2007 board meeting, the Authority considered a before December 3, 2007. Public Meetings number of public requests to extend the ADDRESSES: To ensure that your comment period and decided to accept comments are not entered more than The public meetings will be held at comments until noon on October 26, once into the docket, submit comments the address listed above. The FHWA 2007. FRA agrees with the Authority identified by the docket number by only invites participation in these meetings that this extension will facilitate public one of the following methods: by all those interested in the above participation and is extending the 1. Web site: www.regulations.gov. noted NPRM. Written submissions are comment period for NEPA purposes to Follow the instructions for submitting welcome, although not required for October 26, 2007 as well. comments on the U.S. Government participation. The FHWA expects each DATES: The comment period on the Draft electronic docket site. (Note: The U.S. meeting to last approximately three Bay Area to Central Valley HST Program Department of Transportation’s (DOT’s) hours. No pre-registration is required for EIR/EIS is extended until October 26, electronic docket is no longer accepting participation. 2007. electronic comments.) All electronic submissions must be made to the U.S. Issued on: September 26, 2007. ADDRESSES: Comments may be Government electronic docket site at Anthony Furst, submitted to the California High-Speed www.regulations.gov. Commenters Acting Associate Administrator for Rail Authority, EIR/EIS Comments, 925 should follow the directions below for Operations. L Street, Suite 1425, Sacramento, CA mailed and hand-delivered comments. [FR Doc. E7–19409 Filed 10–1–07; 8:45 am] 95814. 2. Fax: 202–493–2251. BILLING CODE 4910–22–P FOR FURTHER INFORMATION CONTACT: For 3. Mail: U.S. Department of further information regarding the Transportation, 1200 New Jersey
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56123
Avenue, SE., Docket Operations, M–30, recipients in urbanized areas of 200,000 County, and Tenafly, Bergen County. West Building, Ground Floor, Room persons or greater to reduce barriers to The EIS will be prepared in accordance W12–140, Washington, DC 20590–0001. transportation services and expand the with the National Environmental Policy 4. Hand Delivery: U.S. Department of transportation mobility options Act (NEPA: 42 U.S.C. 4321 et seq.) of Transportation, 1200 New Jersey available to people with disabilities 1969 and the regulations implementing Avenue, SE., Docket Operations, M–30, beyond the requirements of the NEPA set forth in 40 CFR Parts 1500– West Building, Ground Floor, Room Americans with Disabilities Act (ADA) 1508 and 23 CFR Part 771, as well as W12–140, Washington, DC 20590–0001 of 1990. Grant recipients are required to provisions of the recently enacted Safe, between 9 a.m. and 5 p.m., Monday make information available to the public Accountable, Flexible, Efficient through Friday, except Federal holidays. and to publish a program of projects Transportation Equity Act: A Legacy for Instructions: You must include the which identifies the subrecipients and Users (SAFETEA–LU). The purpose of agency name and docket number for this projects for which the State or this Notice is to alert interested parties notice at the beginning of your designated recipient is applying for regarding the plan to prepare the EIS, to comments. Submit two copies of your financial assistance. FTA uses the provide information on the nature of the comments if you submit them by mail. information to determine eligibility for proposed transit project, to invite For confirmation that FTA has received funding and to monitor the grantees’ participation in the EIS process, your comments, include a self- progress in implementing and including comments on the scope of the addressed stamped postcard. Note that completing project activities. FTA EIS proposed in this notice, and to all comments received, including any collects performance information from announce that public scoping meetings personal information, will be posted designated recipients in rural areas, will be conducted. This notice and will be available to Internet users, small urbanized areas and other direct supersedes the FTA notice of June 18, without change, to recipients for small urbanized areas 2001 entitled ‘‘Major Investment Study/ www.regulations.gov. You may review annually and collects performance Draft Environmental Impact Statement DOT’s complete Privacy Act Statement information from designated recipients for the Northern Branch Corridor, in the Federal Register published April in large urbanized areas on a quarterly Bergen County, New Jersey.’’ 11, 2000, (65 FR 19477), or you may basis. The information submitted DATES: Written comments on the scope visit www.regulations.gov. Docket: For ensures FTA’s compliance with of the EIS should be sent to Linda A. access to the docket to read background applicable federal laws and OMB Mosch, P.E., NJ TRANSIT Project documents and comments received, go Circular A–102. Manager, by November 7, 2007. Public to www.regulations.gov at any time. Respondents: State & local scoping meetings will be held on Background documents and comments government, private non-profit Wednesday, October 24, 2007 at 3 to 5 received may also be viewed at the U.S. organizations and public transportation p.m. and at 7 to 9 p.m. at locations Department of Transportation, 1200 authorities. indicated under ADDRESSES below. An New Jersey Avenue, SE., Docket Estimated Annual Burden on interagency scoping meeting will be Operations, M–30, West Building, Respondents: 251 hours for each of the scheduled after agencies with an Ground Floor, Room W12–140, 206 respondents. interest in the proposed project have Washington, DC 20590–0001 between 9 Estimated Total Annual Burden: been identified. a.m. and 5 p.m., Monday through 122,374 hours. ADDRESSES: Written comments on the Friday, except Federal holidays. Frequency: Annual and quarterly. scope of the EIS should be sent to Linda FOR FURTHER INFORMATION CONTACT: Mr. Issued: September 26, 2007. A. Mosch, P.E, Project Director— David Schneider, FTA Office of Program Ann Linnertz, Northern Branch EIS, NJ TRANSIT, One Management 202–493–0175, fax: 202– Associate Administrator for Administration. Penn Plaza East, Newark, NJ 07105– 366–3475, or e-mail: [FR Doc. E7–19420 Filed 10–1–07; 8:45 am] 2246. Comments may also be offered at the public scoping meetings. The [email protected]. BILLING CODE 4910–57–P SUPPLEMENTARY INFORMATION: Interested address for the public scoping meeting parties are invited to send comments is as follows: Crowne Plaza Englewood regarding any aspect of this information DEPARTMENT OF TRANSPORTATION Hotel, 401 S. Van Brunt St., Englewood, collection, including: (1) The necessity NJ 07631. This location is accessible by persons and utility of the information collection Federal Transit Administration with disabilities. If special translation or for the proper performance of the Intent To Prepare an Environmental signing services or other special functions of the FTA; (2) the accuracy Impact Statement on the Restoration of accommodations are needed, please of the estimated burden; (3) ways to Rail Service in the Northern Branch contact the Project Director, Linda A. enhance the quality, utility, and clarity Corridor, Bergen and Hudson Mosch, P.E., at (973) 491–8481 least 48 of the collected information; and (4) Counties, NJ hours before the meeting. A scoping ways to minimize the collection burden information packet is available on the without reducing the quality of the AGENCY: Federal Transit Administration NJ TRANSIT Web site at http:// collected information. Comments (FTA). NorthernBranchCorridor.com or by submitted in response to this notice will ACTION: Notice of intent to prepare an calling the Project Director, Linda A. be summarized and/or included in the Environmental Impact Statement (EIS). Mosch, P.E., at (973) 491–8481. Copies request for OMB approval of this will also be available at the scoping information collection. SUMMARY: The Federal Transit Title: 49 U.S.C. 5317, New Freedom Administration (FTA) and the New meetings. Program. Jersey Transit Corporation (NJ FOR FURTHER INFORMATION CONTACT: Ms. (OMB Number: 2132–NEW) TRANSIT) intend to prepare an Rebecca Reyes-Alicea, Community Background: 49 U.S.C. 5317, the New Environmental Impact Statement to Planner, Federal Transit Freedom Program, authorizes the study the restoration of rail passenger Administration, One Bowling Green, Secretary of Transportation to make service on the Northern Branch rail Room 429, New York, New York, grants to states and designated corridor between North Bergen, Hudson 10004–1415, telephone (212) 668–2203.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56124 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
SUPPLEMENTARY INFORMATION: I. Scoping The growth in households and the time, and are looking for travel options In accordance with Section 6002 of diversification of the economy have that will improve their travel time and SAFETEA–LU, FTA and NJT invite caused an increase in travel in the reliability. comment on the scope of the EIS, project area in recent years. The • Improve convenience. Travelers are specifically on project’s purpose and increases have been during the peak looking for new travel options that will need, the alternatives to be evaluated travel periods, the off-peak weekday make traveling in the region more that may address the purpose and need, periods, and the weekend periods. convenient. They are looking for and the impacts of the alternatives Congestion on the roads is a growing frequent service, adequate parking at considered. To ensure that these issues problem, which is reducing overall stations, competitive travel times, and are identified, the scoping meetings will mobility in the area and could constrain convenient connections to other transit begin with a formal presentation future economic growth, and may affect services, such as ferries, PATH, and followed by the opportunity for the the area’s very high standard of living. feeder services. public to comment on the scope of the While the transportation system • Provide more options for travelers. EIS. Oral and written comments may be continues to provide a fairly high level Today, travelers are severely limited in given at the scoping meetings; a of mobility for some residents and their travel options. Transit can be used stenographer will record all comments. businesses, many parts of the system are for only a very small portion of the Those wishing to speak are required to straining to accommodate the new area’s travel needs. Travelers want more register at the meeting location. demands caused by a growing economy. travel options to meet their diverse Registration to speak will begin at 2:30 The area’s roadways provide the best travel needs. Options could include p.m. and will remain open until 4:30 evidence of the strains on the system. service to many destinations, including p.m. for the afternoon session; While more roads are congested for Midtown, Lower Manhattan, the registration to speak will begin at 6:30 longer periods, there are few Hudson River Waterfront, Newark, and p.m. and will remain open until 8:30 opportunities to expand local or recreational areas, such as the Sports p.m. for the evening session. Written regional roadway capacity. The project Complex and the Jersey Shore, comments may be submitted at the area has a substantial transit system. especially on weekends and at night. • meeting or may be mailed to the project However, there is evidence that the Improve services for the low- manager at the address in ADDRESSES system is not providing service for all of income/minority/transit dependent above. the markets that could be served. travelers. Transit dependent residents in the project area need good transit II. Purpose and Need for the Proposed Further investments in transit would options to more of the region’s jobs, not Project improve mobility in Bergen County, alleviating some traffic congestion, and only the jobs in Manhattan, but growing The purpose of the Northern Branch supporting continued economic growth. employment centers in New Jersey, like project is to address the transportation Provision of new transportation service the Hudson River Waterfront area, needs of the Northern Branch Corridor in the Northern Branch Corridor would Newark, the Meadowlands, and Bergen through the re-introduction of rail address: and Rockland employment centers. transit service. The project area is • Commuting to New York City heavily populated and is centrally Goal 2: Advance Cost-Effective Transit (trans-Hudson) from Bergen County; Solutions located in the New York/New Jersey • Inter- and intra-corridor metropolitan area. The area is directly Objectives: commuting, both to employment centers • west of the Hudson River, in close within the project corridor, and from the Support favorable farebox recovery. proximity to Manhattan. The area’s project corridor to employment For the vast majority of transit systems, location relative to New York City has locations in other areas of New Jersey; fare revenue does not cover the cost of played an important role in its and, providing service. However, higher development and continues to be an • Non-work trips including business, farebox recovery ratios allow transit important factor in the economy of the shopping, recreational, and education to agencies to maximize the amount of area. New York City, within the corridor, and service that can be provided for the Most of the transportation problems to destinations outside the corridor in same dollar of public operating subsidy. in the project area are the result of the New Jersey. One of the goals of the Northern Branch great changes that have taken place Based on the needs identified in the project is to introduce rail transit to the during the past 30 years. While Bergen project area, goals and objectives in the corridor in a manner that is sensitive to County’s population had not changed Northern Branch Corridor were the need to minimize the operating significantly until 1990, there have been identified in the early planning studies subsidy required to run the service. This other significant changes. The number and are as follows. will help ensure that the provision of of households has grown, resulting in transit service in the corridor is smaller households and more workers Goal 1: Meet the Needs of Travelers in financially sustainable. per household than in the past. Even the Project Area • Advance cost-effective transit more significant has been the growth in Objectives: solutions. The objective is to advance a employment from 1960 to today. The • Attract riders to transit. A central project that, from a cost-benefit number of jobs only tells part of the goal of the project is to attract more perspective, provides the greatest story about the project area’s economy. riders to rail transit in the Northern overall benefit at the lowest capital cost. The economy is diversifying. A growing Branch corridor. In spite of its proximity • Support future expansion, number of the jobs are now service to New York, eastern Bergen County scalability and affordability. The oriented, with fewer in the continues to have high single occupancy Northern Branch project should allow manufacturing sector. This shift has vehicle commutation. The goal of re- for future transit expansion while at the contributed to the area’s transportation introducing rail transit is to encourage same time provide a solution that is problems because service sector a greater transit ridership both on affordable to construct. With limited businesses generate more trips than opening day and into the future. capital funds, the ability to advance manufacturing businesses, especially • Improve travel time. Travelers in projects in phases helps to keep the during the off-peak travel periods. the project area put a high value on their projects affordable. Project scalability
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56125
allows projects to be constructed which is likely to become more serious Northern Branch Corridor right-of-way. without precluding future expansion in the future. Transit strategies are Terminal stations would be located at projects. One of the criteria on which unlikely to substantially reduce Tenafly, in the vicinity of Hudson the Northern Branch project will be congestion, but can provide useful new Avenue; or at NJ Route 4 in Englewood. evaluated is the degree to which one travel alternatives for travelers trying to Light rail vehicle: These alternatives phase of a project integrates into a more avoid congestion. would involve time-separated operation of rail passenger and freight operations global planning effort for transportation Goal 6: Enhance the Transit Network improvement in the region. using the Northern Branch Corridor Objectives: right-of-way. Rail passenger service Goal 3: Encourage Economic Growth • Eliminate gaps in the rail network. would operate between 5:30 a.m. and Objectives: Bergen County’s transit share for trips to 10:30 p.m. with freight operations • Provide transportation capacity to Manhattan is lower than any other part between 11 p.m. and 5 a.m. Terminal support growth. Population and of northern New Jersey. This is due to stations would be located at Tenafly, in employment growth in and around several gaps in the transit network the vicinity of Hudson Avenue; or at NJ Bergen County and Hudson County is serving the area. For example, there is Route 4 in Englewood. In order to expected to continue in the future. no rail service in eastern Bergen County. accommodate the shift of freight service Additional transportation capacity and The closest rail line is the Pascack to nighttime operation, corridor new travel options will be needed to Valley Line, which is west of the improvements would be constructed support this growth, providing access Hackensack River. This inconvenient between Tenafly and Northvale. between the jobs in the counties and and capacity-constrained line is not an The build alternatives will involve surrounding residential communities. option for most residents of eastern construction of new transportation Growing congestion will continue to Bergen County. Also, rail service is infrastructure, including tracks, stations have negative impacts on the area’s infrequent during off-peak periods. Rail and yards. As many as 11 station economy in the future. service is best to Lower Manhattan, via locations will be evaluated. Any • Help attract new businesses. PATH and ferry, less effective to the additional reasonable alternatives that Companies looking to locate new Valley, between Canal Street and 34th come to light during the scoping process facilities, or expand existing facilities in Street, via PATH, and most difficult to will also be evaluated. Bergen County and Hudson County, will Midtown. IV. Probable Effects be looking for assurances that steps are • Eliminate gaps in the bus network. being taken to provide the area with The bus network in eastern Bergen The FTA and NJ TRANSIT will new travel alternatives. One of the major County also has some gaps. First, the evaluate both project-specific and assets of this area is its proximity to network only serves Midtown cumulative changes to the social, New York City and its role in sustaining Manhattan. Also, in the eastern most economic and physical environment— the strength of the State Plan’s parts of the county, there is little or no including land use and socioeconomic Metropolitan Planning Area. New bus service. In the more central parts of conditions, ecology, water resources, transportation choices that improve the study area there are many bus historic and archaeological resources, access to New York and the rest of the routes. However, these routes are visual character and aesthetics, region will help Bergen County and generally slow because they travel on contaminated and hazardous materials, Hudson County to maintain its local roads and make many stops along transportation, air quality, noise and competitive advantage in the region. the route to pick up passengers. vibration, and environmental justice effects. Mitigation of all adverse impacts Goal 4: Improve regional access III. Alternatives Proposed for will be considered. Consideration Objectives: V. FTA Procedures • Provide connections to a variety of It is proposed that the EIS evaluate a locations within the region. With the Future No Build Alternative and Build In accordance with 23 CFR 771.105(a) one exception of Manhattan, Bergen alternatives of two modes: diesel- and 771.133, FTA will comply with all County’s access to the rest of the region multiple-unit service from North Bergen Federal environmental laws, is almost entirely by auto, on highways to Tenafly, with a connection to the regulations, and executive orders that are becoming increasingly Hudson-Bergen Light Rail at Tonnelle applicable to the proposed project congested. With the completion of the Avenue in North Bergen; and an during the environmental review Secaucus Transfer, the areas served by extension of the Hudson-Bergen Light process to the maximum extent the Main, Bergen, and Pascack Valley Rail from its existing terminus at practicable. These requirements lines now benefit from rail access to the Tonnelle Avenue in North Bergen to include, but are not limited to, the growing Hudson River Waterfront area, Tenafly. Additionally, the EIS will regulations of the Council on to Newark, to Trenton, and to the major evaluate both modal alternatives with a Environmental Quality and FTA recreational attractions, like the terminus at NJ Route 4 in Englewood. implementing NEPA (40 CFR parts Meadowlands and the New Jersey Future No Build Alternative: the 1500–1508, and 23 CFR Part 771), the Shore. Future No Build consists of the project-level air quality conformity transportation system expected to be in regulation of the U.S. Environmental Goal 5: Reduce Roadway Congestion place in the project design year if the Protection Agency (EPA) (40 CFR part Objectives: proposed project were not built. It 93), the section 404(b)(1) guidelines of • Provide more travel options for includes all other projects currently in EPA (40 CFR part 230), the regulation travelers trying to avoid highway the North Jersey Transportation implementing section 106 of the congestion. Major regional highways in Authority’s 20-year metropolitan National Historic Preservation Act (36 the project area are heavily congested. transportation plan. CFR Part 800), the regulation There are a limited number of major Diesel-multiple-unit vehicle: These implementing section 7 of the highways, each serving intra-county and alternatives would involve Endangered Species Act (50 CFR part regional travel needs. Congestion in simultaneous operation of rail passenger 402), section 4(f) of the DOT Act (23 Bergen County is a growing problem, and freight operations using the CFR 771.135), and Executive Orders
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56126 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
12898 on environmental justice, 11988 which requires an Environmental ADDRESSES: Written comments should on floodplain management, and 11990 Impact Report (EIR). The purpose of this be sent to Mr. Alan Patashnick, Project on wetlands. notice is to alert interested parties Manager and Director of South Bay Area Issued on: September 24, 2007. regarding the intent to prepare the EIS, Team, Los Angeles County Metropolitan Brigid Hynes-Cherin, to provide information on the nature of Transportation Authority, One Gateway the proposed project and possible Plaza, Mail Stop: 99–22–3, Los Angeles, Regional Administrator, FTA Region 2. alternatives, to invite public California 90012, e-mail address [FR Doc. E7–19434 Filed 10–1–07; 8:45 am] participation in the EIS process [email protected]. The BILLING CODE 4910–57–P (including providing comments on the locations of the public scoping meetings scope of the Alternatives Analysis/Draft are given above under DATES. Environmental Impact Statement (AA/ DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Mr. DEIS), to announce that public scoping Ray Tellis, Team Leader, Los Angeles meetings will be conducted, and to Federal Transit Administration Metropolitan Office, Federal Transit identify participating and cooperating Administration, 888 South Figueroa agency contacts. Intent To Prepare an Environmental Street, Suite 1850, Los Angeles, CA Impact Statement for Proposed Transit DATES: Written comments on the scope 90017, phone (213) 202–3950, e-mail Improvements in the Crenshaw-Prairie of the EIS, including the project’s [email protected]. Transit Corridor, Los Angeles, CA purpose and need, the alternatives to be considered, the impacts to be evaluated, SUPPLEMENTARY INFORMATION: AGENCY: Federal Transit Administration, and the methodologies to be used in the Scoping DOT. evaluations should be sent to LACMTA ACTION: Notice of intent to prepare an on or before November 5, 2007 at the The FTA and LACMTA invite all environmental impact statement. address below. See ADDRESSES below for interested individuals and the address to which written public SUMMARY: The Federal Transit organizations, public agencies, and comments may be sent. Public scoping Administration (FTA) and the Los Native American Tribes to comment on meetings to accept comments on the Angeles County Metropolitan the scope of the EIS, including the scope of the EIS/EIR will be held on the Transportation Authority (LACMTA) project’s purpose and need, the following dates: alternatives to be studied, the impacts to intend to prepare an Environmental • Monday, October 15, 2007, from 6 Impact Statement (EIS) for the proposed be evaluated, and the evaluation p.m. to 8 p.m., at Darby Park, 3400 W. methods to be used. Comments should Crenshaw-Prairie Transit Corridor Arbor Vitae Street, Inglewood, CA Project. The proposed project would focus on: Alternatives that may be less 90305. costly or have less environmental or provide for transit improvements within • Wednesday, October 17, 2007, from community impacts while achieving the Crenshaw-Prairie Corridor, which 6 p.m. to 8 p.m., at Nate Holden extends approximately 10 miles from similar transportation objectives, and Performing Arts Center, 4718 W. the identification of any significant Wilshire Boulevard on the north to El Washington Boulevard, Los Angeles, CA Segundo Boulevard on the south. social, economic, or environmental 90016. issues relating to the alternatives. The study area for the project • Saturday, October 20, 2007, from 9 includes portions of five jurisdictions: a.m. to 11 a.m., at Audubon Middle Purpose and Need for the Project the Cities of Los Angeles, Inglewood, School, 4120 11th Avenue, Los Angeles, The project purpose is to improve Hawthorne, El Segundo, as well as CA 90008. portions of unincorporated Los Angeles The project’s purpose and need, and public transit service and mobility in County, California. The study area is the initial set of alternatives proposed the Crenshaw-Prairie Corridor between generally defined as the area extending for study will be presented at these Wilshire and El Segundo Boulevards. north to Wilshire Boulevard, east to meetings. The buildings used for the The overall goal of the proposed project Arlington Avenue, south to El Segundo scoping meetings are accessible to is to improve mobility in the corridor by Boulevard, and west to Sepulveda and persons with disabilities. Any connecting with existing lines such as La Tijera Boulevards. A variety of land individual who requires special the Metro Green Line or approved uses exist within the study area assistance, such as a sign language transit lines, such as the Exposition including single- and multi-family interpreter, to participate in a scoping Light Rail Transit (LRT) Line (under residences and commercial uses north meeting should contact Ms. Susan construction). The proposed project is of the Interstate 10 (I–10) freeway and Gilmore, Los Angeles County included in the current LACMTA Long- south of Slauson Avenue, commercial Metropolitan Transportation Authority Range Transportation Plan and in the uses along Crenshaw Boulevard and in (LACMTA) at 213–922–7287, or Southern California Association of Hawthorne, industrial and public land [email protected]. Governments’ 2004 Regional uses in Inglewood and El Segundo, as Scoping materials will be available at Transportation Plan (http:// well as redevelopment areas in Los the meetings and are available on the www.scag.ca.gov/rtp2004/2004/Final/ Angeles, Inglewood, and Hawthorne. LACMTA Web site (www.metro.net/ 07RTPProjectList.xls). The EIS will be prepared in crenshaw). Hard copies of the scoping Mobility issues in this corridor have accordance with the requirements of the materials may also be obtained from Ms. been well documented in many studies, National Environmental Policy Act Susan Gilmore, Los Angeles County including the Crenshaw-Prairie Corridor (NEPA) and its implementing Metropolitan Transportation Authority Preliminary Planning Study (1994), the regulations. The Draft EIS will be (LACMTA) at 213–922–7287, or Route Refinement Study (2000), and the combined with the planning [email protected]. An interagency Major Investment Study (MIS) (2003). Alternatives Analysis required by 49 scoping meeting will be held on These reports are available for review on U.S.C. 5309 for New Starts-funded Tuesday, October 16, 2007 from 1 p.m. the LACMTA Web site (http:// projects. LACMTA will also use the EIS to 3 p.m. at LACMTA, One Gateway www.metro.net/crenshaw). Additional document to comply with the California Plaza (Gateway Conference Room, 3rd considerations supporting the project’s Environmental Quality Act (CEQA), Floor), Los Angeles, CA 90012. need include:
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56127
• Several major activity centers and reasonable alternatives identified during transit projects in the current LACMTA destinations are concentrated in the scoping for the project. Long Range Transportation Plan and the Crenshaw-Prairie Corridor including The primary alignments to be initially 2030 Southern California Association of Los Angeles International Airport considered include: Governments’ Regional Transportation (LAX); the Great Western Forum; Wilshire/Crenshaw/Metro Green Line: Plan. For purposes of this EIS and Hollywood Park; the commercial centers This alternative alignment would comparison of alternatives, the major in Koreatown, the Crenshaw District, extend south along Crenshaw Boulevard fixed-guideway investments under and downtown Inglewood; as well as from Wilshire Boulevard through study for the Exposition Phase 2 and office developments on Wilshire Koreatown, the Crenshaw District, and Westside Extension transit corridors are Boulevard and in downtown Inglewood downtown Inglewood. From Crenshaw not included in the No-Build and El Segundo. Boulevard, the alignment would turn Alternative. The completion of the • The MIS established that a north- southwest along the LACMTA owned Metro Rapid Bus Program is included as south, high-capacity transportation Harbor Subdivision railroad right-of- well as possible additional feeder bus connection is needed west of downtown way, adjacent to Florence Avenue, and networks to serve the region’s major Los Angeles and the Interstate 110 (I– continue south to the existing Metro activity centers. 110) freeway. Green Line Aviation Station. A transfer Transportation System Management • The ‘‘Centers Concept’’ Land Use connection would be provided to LAX (TSM) Alternative: The TSM alternative Policy in the Los Angeles Basin from the Aviation Station. enhances the No Build Alternative and supports the development of high Exposition/Crenshaw/Metro Green emphasizes transportation system capacity transit corridors connecting the Line: This alignment alternative would upgrade, such as intersection Centers, including Los Angeles, extend from the Exposition LRT Line improvements, minor road widening, Inglewood, and LAX. (under construction) south along traffic engineering actions, bus route • The Crenshaw-Prairie Corridor’s Crenshaw Boulevard, through the restructuring, shortened bus headways, existing bus routes are some of the most Crenshaw District and downtown expanded use of articulated buses, productive and highest used. Inglewood. From Crenshaw Boulevard, reserved bus lanes, expanded park/ride • The Crenshaw-Prairie Corridor’s the alignment would turn southwest facilities, express and limited-stop transportation capacity needs to be onto the Harbor Subdivision railroad service, signalization improvements, increased to serve growth, without right-of-way, adjacent to Florence and timed-transfer operations. increasing mobile source ozone Avenue, and continue south to the In addition to the alternatives emissions in this air quality existing Metro Green Line Aviation described above, other transit nonattainment area. Station. A transfer connection would be alternatives identified through the • The Crenshaw-Prairie Corridor provided to LAX from the Aviation public and agency scoping process will currently has a high concentration of Station. be evaluated for potential inclusion in transit-supportive land uses and has Wilshire/Crenshaw/La Brea/ the EIS. Hawthorne: This alignment alternative high densities of both population and Probable Effects employment. would extend south along Crenshaw • Substantial numbers of transit- Boulevard from Wilshire Boulevard to The purpose of the EIS process is to dependent persons reside in the the Harbor Subdivision railroad right-of- explore, in a public setting, the effects Crenshaw-Prairie Corridor. way in Inglewood. From the right-of- of the proposed project and its • Significant population and way, the alignment would travel south alternatives on the physical, human, employment growth is projected for the along La Brea Avenue to Hawthorne and natural environment. The FTA and Crenshaw-Prairie Corridor. Boulevard. LACMTA will evaluate all significant • Existing and future travel demand Exposition/Crenshaw/Prairie/ environmental, social, and economic patterns demonstrate a strong and Hawthorne: This alignment alternative impacts of the construction and growing need for high-capacity transit would extend south from the Exposition operation of the proposed project. in the Crenshaw-Prairie Corridor. LRT Line (under construction) along Impact areas to be addressed include: • Local policy direction is focused on Crenshaw Boulevard to the Harbor Transportation; land use, zoning and travel demand management and transit Subdivision railroad right-of-way. From economic development; secondary solutions, rather than expansion of the the right-of-way, the alignment would development; land acquisition, roadway network. turn south along Prairie Avenue, turn displacements and relocations; cultural The public and participating and west to connect to the existing Metro resources (including historical, cooperating agencies are invited to Green Line Hawthorne Station along the archaeological, and paleontological consider and comment on this I–105 freeway, and continue south along resources) and parklands/recreation preliminary statement of the purpose Hawthorne Boulevard. areas; neighborhood compatibility and and need for the proposed project. The transit alternatives to be environmental justice; visual and aesthetic impacts; natural resources Alternatives considered include: Bus Rapid Transit Alternative: This (including air quality, noise and In addition to a No-Build Alternative, alternative would utilize BRT and vibration, wetlands, water resources, a range of reasonable alternatives will be operate via the Wilshire/Crenshaw/ geology/soils, and hazardous materials); evaluated in the EIS/EIR including, but Metro Green Line or Wilshire/La Brea/ energy use; safety and security; and not limited to, alternative transit Hawthorne alignments described above. wildlife and ecosystems (including technologies, alignments, operating Light Rail Transit Alternative: This endangered species). Measures to avoid, plans, station locations, and a alternative would utilize LRT and minimize, and mitigate all adverse Transportation Systems Management operate via the Exposition/Crenshaw/ impacts will be identified and (TSM) Alternative. The transit Metro Green Line or Exposition/ evaluated. technologies to be evaluated, in addition Crenshaw/Prairie/Hawthorne to the No-Build and TSM Alternatives, alignments described above. FTA Procedures will include Bus Rapid Transit (BRT), No Build Alternative: This alternative The regulations implementing NEPA, Light Rail Transit (LRT), and any other includes the committed highway and as well as provisions of the Safe,
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56128 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Accountable, Flexible, Efficient plans to develop the Draft EIS/EIR to Impact Statement and Section 4(f) Transportation Equity Act: A Legacy for satisfy the required planning Evaluation. Users (SAFETEA–LU), call for public Alternatives Analysis. The New Starts involvement in the EIS process. Section regulations also require the submission SUMMARY: The Federal Transit 6002 of SAFETEA–LU requires that FTA of certain project-justification Administration (FTA) and Valley Metro and LACMTA do the following: (1) information to support a request to Rail, Inc. (METRO) intend to prepare an Extend an invitation to other Federal initiate preliminary engineering. This Alternatives Analysis (AA)/ and non-Federal agencies and Native information is normally developed in Environmental Impact Statement (EIS) American tribes that may have an conjunction with the NEPA process. and Section 4(f) Evaluation on proposed interest in the proposed project to Pertinent New Starts evaluation criteria high capacity transit improvements, become ‘‘participating agencies;’’ (2) will be included in the EIS. including a potential light rail transit provide an opportunity for involvement The EIS will be prepared in (LRT) line and/or bus rapid transit by participating agencies and the public accordance with NEPA and its (BRT) in the Interstate 10 (I–10) West to help define the purpose and need for implementing regulations issued by the study area between the Central Phoenix/ a proposed project, as well as the range Council on Environmental Quality (40 East Valley LRT Starter Line on Central of alternatives for consideration in the CFR Parts 1500–1508) and with the Avenue and State Route 101 extending EIS; and (3) establish a plan for FTA/Federal Highway Administration through the cities of Phoenix and coordinating public and agency regulations ‘‘Environmental Impact and Tolleson in Maricopa County, Arizona. participation in, and comment on, the Related Procedures’’ (23 CFR part 771). The proposed study area is bounded by environmental review process. An In accordance with 23 CFR 771.105(a) State Route 101 on the west; Thomas invitation to become a participating or and 771.133, FTA will comply with all Road on the north; 7th Street on the cooperating agency, with scoping Federal environmental laws, east; and Buckeye Road on the south. materials appended, will be extended to regulations, and executive orders Transit improvements and alignments other Federal and non-Federal agencies applicable to the proposed project within the I–10 right-of-way will be and Native American tribes that may during the environmental review considered among the alternatives. The have an interest in the proposed project. process to the maximum extent AA/EIS will be prepared in accordance It is possible that FTA and LACMTA practicable. These requirements with the requirements of the National will not be able to identify all Federal include, but are not limited to, the Environmental Policy Act (NEPA), 40 and non-Federal agencies and Native environmental and public hearing CFR parts 1500–1508, and its American tribes that may have such an provisions of Federal transit laws (49 implementing regulations. The AA/EIS interest. Any Federal or non-Federal U.S.C. 5301(e), 5323(b), and 5324); the process will be initiated with a scoping agency or Native American tribe project-level air quality conformity process that provides opportunities for interested in the proposed project that regulation of the U.S. Environmental the public to comment on the scope of does not receive an invitation to become Protection Agency (EPA) (40 CFR Part the project and proposed alternatives to a participating agency should notify at 93); the Section 404(b)(1) guidelines of be considered in the AA and Draft the earliest opportunity the Project EPA (40 CFR Part 230); the regulation Environmental Impact Statement (DEIS). Manager identified above under implementing Section 106 of the This input will be used to assist ADDRESSES. National Historic Preservation Act (36 decisionmakers in determining a locally A comprehensive public involvement CFR Part 800); the regulation preferred alternative (LPA) for the I–10 program and a Coordination Plan for implementing Section 7 of the West Corridor. After the completion of public and interagency involvement Endangered Species Act (50 CFR Part the DEIS and upon selection of an LPA, will be developed for the project and 402); Section 4(f) of the Department of METRO will request permission from posted on LACMTA’s Web site Transportation Act (23 CFR 771.135); FTA to enter into preliminary (Crenshaw-Prairie Transit Corridor and Executive Orders 12898 on engineering per requirements of New Starts regulations 49 CFR part 611. The Project Web page: http:// environmental justice, 11988 on Final Environmental Impact Statement www.metro.net/crenshaw). The public floodplain management, and 11990 on (FEIS) will be issued after FTA approves involvement program includes a full wetlands. range of activities including the project entrance into preliminary engineering. Issued on: September 27, 2007. webpage on the LACMTA Web site, The purpose of this notice is to alert development and distribution of project Leslie T. Rogers, interested parties regarding the intent to newsletters, and outreach to local Regional Administrator, Federal Transit prepare the AA/EIS and Section 4(f) officials, community and civic groups, Administration, Region IX. Evaluation, to provide information on and the public. Specific activities or [FR Doc. E7–19415 Filed 10–1–07; 8:45 am] the nature of the proposed project and events for involvement will be detailed BILLING CODE 4910–57–P possible alternatives, to invite public in the public involvement program. participation in the AA/EIS process, LACMTA may seek New Starts including comments on the scope of the funding for the proposed project under DEPARTMENT OF TRANSPORTATION alternatives proposed in this notice, to announce that public scoping meetings 49 United States Code 5309 and will, Federal Transit Administration therefore, be subject to New Starts will be conducted, and to identify regulations (49 Code of Federal Preparation of an Environmental participating agency contacts. Regulations (CFR) Part 611). The New Impact Statement and Section 4(f) DATES: Written and e-mailed comments Starts regulation requires a planning Evaluation for High-Capacity Transit on the scope of study, including the Alternatives Analysis that leads to the Improvements in the I–10 West alternatives to be considered, and the selection of a Locally Preferred Corridor impacts to be assessed, should be sent Alternative and the inclusion of this to METRO on or before November 16, alternative in the long-range AGENCY: Federal Transit Administration, 2007. See ADDRESSES below for the transportation plan adopted by the U.S. Department of Transportation. street address and e-mail address to LACMTA and Southern California ACTION: Notice of intent to prepare an which written comments may be sent. Association of Governments. LACMTA Alternatives Analysis/Environmental Public scoping meetings to accept
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56129
comments on the scope of the study will while achieving similar transportation means, and 3 percent worked at home. be held on the following dates: objectives; and significant social, Commute times averaged 26.9 minutes. • Tuesday, October 23, 2007, at 6 economic, or environmental issues The City of Phoenix currently operates p.m., Desert West Community Center, relating to the alternatives. a bus fleet of 485 vehicles with a daily 6501 West Virginia Avenue, Phoenix, ridership of nearly 154,000, providing Purpose and Need for the Project AZ 85035. over 18 million miles of annual service. • Thursday, October 25, at 3 p.m., The purpose is defined as follows: In general, travel on highways and University Park Center, 350 North 10th 1. Identify a transit alternative that arterials is expected to increase by Avenue, Phoenix, Arizona 85007. increases efficient access to employment approximately 30 percent between 2004 An interagency scoping meeting will opportunities throughout the Central and 2030 within Maricopa County; peak be held on the following date: Phoenix/West Valley region. period travel to work is expected to • Tuesday, October 23, 2007 at 10 2. Identify an improvement that grow by about 40 percent; similar trends a.m., Valley Metro Rail, Inc. (METRO), provides effective transit options to are anticipated for the City of Phoenix. 101 North 1st Avenue, Suite 1300, relieve peak period congestion. Growth in the City of Phoenix and Phoenix, Arizona 85003. 3. Identify a transit improvement adjacent jurisdictions has caused The buildings used for the scoping alternative, with a recommended substantial increases in traffic meetings are accessible to persons with alignment and technology, to connect congestion on the existing roadway disabilities. Any individual who the LRT system currently under network, and has generated the need for requires special assistance, such as a construction with the West Valley. new or improved public transportation sign language interpreter, to participate 4. Identify a transit improvement service. Even with implementation of in a scoping meeting should contact alternative that would facilitate the projects included in the MAG RTP, Maria Hyatt, City of Phoenix City continued development of a service levels in 2030 on the area Manager’s Office, 200 West Washington comprehensive and inter-connected freeways and arterials is expected to Street, 12th Floor, Phoenix, AZ 85003 regional transit network that is multi- deteriorate substantially due to (Telephone 602–261–8897) at least 48 modal, that offers a range of effective increased travel demand, resulting in a hours in advance of a meeting in order mobility choices for current and future significant increase in congestion. for METRO and the City of Phoenix to transit riders, and that attracts new The MAG 2006 Freeway Level of make the necessary arrangements. transit riders to use the growing regional Service (LOS) Study shows I–10 West Scoping materials will be available at system. direction during AM and PM peak hour the meetings and through the project’s 5. Identify an alternative that at LOS E and F for significant portions Web site at http:// improves the efficiency of transit of the study corridor. Preliminary www.metrolightrail.org/I–10West. Hard operations. analysis of recent MAG traffic modeling copies of the scoping materials are also 6. Identify an alternative that provides for 2030 indicate similar poor LOS available from Mr. Rick Pilgrim whose cost-effective transit improvements and conditions in the future for the section contact information is given in expands access to corridor destinations. of I–10 within the study area. ADDRESSES below. 7. Identify a transit alternative that The AA/EIS will analyze the potential supports economic development ADDRESSES: Written comments should for the proposed high capacity transit (including transit-oriented be sent to the attention of Mr. Rick improvements to address increased development), and ensures enhanced Pilgrim, Valley Metro Rail, Inc., 101 demand for travel by connecting the connectivity among existing and North 1st Avenue, Suite 1300, Phoenix, project corridor with the LRT Starter planned regional and local activity AZ 85003. E-mail: I– Line on Central/First Avenue. center and attractions. [email protected]. Phone: (602) Alternatives: Additional considerations supporting 495–8216; Fax: (602) 252–7453. The The alternatives proposed for the project’s need include: evaluation include: locations of the public scoping meetings The Regional Transportation Plan • are given above under DATES. A no-build alternative, which (RTP), adopted by the Maricopa includes the current network plus all FOR FURTHER INFORMATION CONTACT: Mr. Association of Governments (MAG) and ongoing, programmed, and committed Hymie Luden, Office of Planning and financed under the one-half cent sales projects listed in the MAG RTP; Program Development, Federal Transit tax extension, identifies 57-miles of • A Transportation Systems Administration, 201 Mission Street, major light rail/high capacity transit Management (TSM) alternative, which Room 2210, San Francisco, CA 94105. corridors to be implemented by 2026. would include improving existing Phone: (415) 744–2732. E-mail: Currently, the 20-mile starter segment is transit services such as additional bus [email protected]. under construction. An 11-mile service and routes, and which also SUPPLEMENTARY INFORMATION: extension into west Phoenix is one of serves as a baseline for evaluation five corridors identified in the RTP. Scoping against which all other alternatives may The City of Phoenix, which spans be compared for federal funding The FTA and METRO invite all approximately 515 square miles, is the purposes (referred to as the FTA Future interested individuals and largest city in Arizona, and the fifth Baseline and implements all of the organizations, public agencies, and largest in the nation. The Arizona projects in the No-Build Alternative); Native American Tribes to comment on Department of Commerce estimates the • Bus Rapid Transit alternatives; and the scope of the AA and the EIS, 2006 population of Phoenix at • Light Rail Transit alternatives. including the project’s preliminary approximately 1.5 million. The Each build alternative will explore the statement of purpose and need, the population of Phoenix is estimated by construction of new transportation alternatives to be studied and the MAG to grow to approximately 2.2 infrastructure such as tracks, stations, impacts to be evaluated. Comments million by 2030. According to the U.S. and maintenance yards. Underground, should focus on the purpose and need Census Bureau 73 percent of Phoenix surface and/or aerial design options may for the proposed project; alternatives workers drove to work alone in 2005, 16 be developed for each of the build that may be less costly or have less percent carpooled, 3 percent took public alternative alignments. Multi-modal environmental or community impacts transportation, 4 percent used other alternatives will also be explored.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56130 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
The EIS Process and the Role of helping to define the purpose and need The AA/EIS will be prepared in Participating Agencies and the Public for a proposed project, as well as the accordance with NEPA and its The purpose of the NEPA process is range of alternatives for consideration in implementing regulations issued by the to explore, in a public setting, the effects the EIS; and (3) establish a plan for Council on Environmental Quality (40 of the proposed project and its coordinating public and agency CFR parts 1500–1508) and with the alternatives on the physical, human, participation in and comment on the FTA/Federal Highway Administration and natural environment. The FTA and environmental review process. regulations ‘‘Environmental Impact and A list of interested agencies has been METRO will evaluate all significant Related Procedures’’ (23 CFR part 771). developed, and an invitation to become environmental, social, and economic In accordance with 23 CFR 771.105(a) a participating agency, with the scoping impacts of the construction and and 771.133, FTA will comply with all information packet appended, will be operation of the proposed project. Federal environmental laws, extended to other Federal and non- Impact areas to be addressed include: regulations, and executive orders Federal agencies and Indian tribes that applicable to the proposed project Land use; development potential; may have an interest in the proposed during the environmental review secondary development; land project. It is possible that we may not be process to the maximum extent acquisition, displacements, and able to identify all Federal and non- practicable. These requirements relocations; cultural resources Federal agencies and Indian tribes that include, but are not limited to, the (including impacts on historical and may have such an interest. Any Federal environmental and public hearing archaeological resources); parklands and or non-Federal agency or Indian tribe provisions of Federal transit laws (49 recreation areas; visual and aesthetic interested in the proposed project that U.S.C. 5301(e), 5323(b), and 5324), the qualities; air quality; noise and does not receive an invitation to become project-level air quality conformity vibration; ecosystems (including a participating agency should notify, at regulation of the U.S. Environmental threatened and endangered species); the earliest opportunity, the person Protection Agency (EPA) (40 CFR part energy use; business and neighborhood identified above under ADDRESSES. 93), the Section 404(b)(1) guidelines of disruptions; environmental justice; A comprehensive Public Involvement EPA (40 CFR part 230), the regulation changes in traffic and pedestrian Program will be developed, and a public implementing Section 106 of the circulation and congestion; and changes and agency involvement Coordination National Historic Preservation Act (36 in transit service and patronage. Plan will be created. The Public CFR part 800), the regulation Measures to avoid, minimize, or Involvement Program will include a full implementing Section 7 of the mitigate any significant adverse impacts range of involvement activities. Endangered Species Act (50 CFR part will be identified and evaluated. Activities will include outreach to local 402), and Executive Orders 12898 on The methodology for evaluation of and county officials and community and environmental justice, 11988 on impacts will focus on the areas of civic groups; a public scoping process to floodplain management and 11990 on investigation mentioned above. As the define the issues of concern among all wetlands. The Section 4(f) Evaluation public involvement and agency parties interested in the project; will comply with the United States consultation process proceeds, organizing periodic meetings with Department of Transportation Act (23 additional evaluation criteria and various local agencies, organizations CFR 771.135). impact assessment measures will be and committees; a public hearing upon Issued on: September 27, 2007. included in the analysis. Potential release of the Draft Environmental alternatives will be developed to a Impact Statement (DEIS); development Leslie T. Rogers, conceptual level, and will be screened and distribution of project newsletters Regional Administrator, FTA Region IX. and ranked against these evaluation and the establishment of a project Web [FR Doc. E7–19417 Filed 10–1–07; 8:45 am] criteria and local community site. Opportunities to participate in the BILLING CODE 4910–57–P considerations. Travel time savings, scoping process, in addition to the potential for congestion reduction and public meetings announced in this improved mobility options for residents notice, will be made available. Specific DEPARTMENT OF TRANSPORTATION of the City of Phoenix and adjacent mechanisms for involvement will be National Highway Traffic Safety metropolitan areas will be assessed for detailed in the Public Involvement Administration the transportation alternatives Program. considered. The public involvement METRO may seek New Starts funding [U.S. DOT Docket Number NHTSA–2007– program and agency coordination plan for the proposed project under 49 U.S.C. 28638] discussed below will provide the 5309 and will therefore be subject to vehicle through which these evaluation New Starts regulations (49 CFR part Reports, Forms, and Recordkeeping analyses will be conducted. 611). The New Starts regulations require Requirements The regulations implementing NEPA, a planning Alternatives Analysis that AGENCY: National Highway Traffic as well as provisions of the Safe, leads to the selection of a locally Safety Administration (NHTSA), Accountable, Flexible, Efficient preferred alternative and the inclusion Department of Transportation. Transportation Equity Act: A Legacy for of the locally preferred alternative as ACTION: Request for public comment on Users (SAFETEA–LU), call for public part of the long-range transportation an extension of a currently approved involvement in the EIS process. Section plan adopted by the MAG. The New collection. 6002 of SAFETEA–LU requires that FTA Starts regulations also require the and METRO do the following: (1) submission of certain project- SUMMARY: Before a Federal agency can Extend an invitation to other Federal justification information in support of a collect certain information from the and non-Federal agencies and Indian request to initiate preliminary public, it must receive approval from tribes that may have an interest in the engineering, and this information is the Office of Management and Budget proposed project to become normally developed in conjunction with (OMB). Under procedures established ‘‘participating agencies’’; (2) provide an the NEPA process. Pertinent New Starts by the Paperwork Reduction Act of opportunity for involvement by evaluation criteria will be included in 1995, before seeking OMB approval, participating agencies and the public in the Final EIS. Federal agencies must solicit public
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56131
comment on proposed collections of dms.dot.gov until September 27, 2007, Requested Expiration Date of information, including extensions and or the street address listed above. The Approval: Three years from approval reinstatement of previously approved DOT docket may be offline at times date. collections. between September 28 through Abstract: Manufacturers of passenger This document describes one September 30 to migrate to the Federal vehicle lines may petition the agency for collection of information for which Docket Management System (FDMS). an exemption from Part 541 NHTSA intends to seek OMB approval. On October 1, 2007, the internet access requirements, if the line is equipped DATES: Comments must be received on to the docket will be at http:// with an anti-theft device as standard or before December 3, 2007. www.regulations.gov. Follow the online equipment and meets agency criteria. instructions for accessing the dockets. ADDRESSES: You may submit comments Device must be as effective as [identified by DOT Docket ID Number FOR FURTHER INFORMATION CONTACT: partsmarking. NHTSA 2007–28638] by any of the Complete copies of each request for Estimated Annual Burden: 3,164. following methods: collection of information may be Number of Respondents: 14. If filing comments by September 27, obtained at no change from Carlita 49 U.S.C. Chapter 331 requires the 2007, please use: Ballard, NHTSA, 1200 New Jersey, SE., Secretary of Transportation to • Web site: http://dms.dot.gov. Room W43–439, NVS–131, Washington, promulgate a theft prevention standard Follow the instructions for submitting DC 20590. Ms. Ballard’s telephone to provide for the identification of comments on the Department of number is (202) 366–0846. Please certain motor vehicles and their major Transportation Docket Management identify the relevant collection of replacement parts to impede motor System electronic docket site. No information by referring to its OMB vehicle theft. 49 U.S.C. 33106 provides electronic submissions will be accepted Control Number. for an exemption to this identification between September 28, 2007, and SUPPLEMENTARY INFORMATION: Under the process by petitions from manufacturers October 1, 2007. Paperwork Reduction Act of 1995, who equip covered vehicles with If filing comments on or after October before an agency submits a proposed standard original equipment antitheft 1, 2007, use: collection of information to OMB for devices, which the Secretary determines • Federal eRulemaking Portal: Go to approval, it must first publish a are likely to be as effective in reducing http://www.regulations.gov. Follow the document in the Federal Register or deterring theft as partsmarking. online instructions for submitting providing a 60-day comment period and NHTSA may exempt a vehicle line from comments. otherwise consult with members of the the partsmarking requirements, if the Alternatively, you can file comments public and affected agencies concerning manufacturer installs an antitheft device using the following methods: each proposed collection of information. as standard equipment on the entire • Mail: Docket Management Facility: The OMB has promulgated vehicle line for which it seeks an U.S. Department of Transportation, 1200 regulations describing what must be exemption and NHTSA determines that New Jersey Avenue, SE., West Building included in such a document. Under the antitheft device is likely to be as Ground Floor, Room W12–140, OMB’s regulation (at 5 CFR 1320.8(d), effective in reducing and deterring Washington, DC 20590–0001. an agency must ask for public comment motor vehicle theft as compliance with • Hand Delivery or Courier: West on the following: the partsmarking requirements. In Building Ground Floor, Room W12–140, (1) Whether the proposed collection accordance with 49 U.S.C. 33106, after 1200 New Jersey Avenue, SE., between of information is necessary for the model year (MY) 2000, the number of 9 a.m. and 5 p.m. ET, Monday through proper performance of the functions of new exemptions is contingent on a Friday, except Federal holidays. the agency, including whether the finding by the Attorney General as part • Fax: 202–493–2251. information will have practical utility; of its long-range review of effectiveness. Instructions: For detailed instructions (ii) The accuracy of the agency’s After consulting with DOJ, the agency on submitting comments and additional estimate of the burden of the proposed decided it could continue granting one information on the rulemaking process, collection of information, including the exemption per model year pending the see the Public Participation heading of validity of the methodology and results of the long-term review. the Supplementary Information section assumptions used; In a final rule published on April 6, (iii) How to enhance the quality, of this document. Note that all 2004, the Federal Motor Vehicle Theft utility, and clarity of the information to comments received will be posted Prevention Standard was extended to be collected and; without change to http:// (iv) How to minimize the burden of include all passenger cars and www.dms.dot.gov or http:// the collection of information on those multipurpose passenger vehicles with a www.regulations.gov, including any who are to respond, including the use gross vehicle rating of 6,000 pounds or personal information provided. Please of appropriate automated, electronic, less, and to light duty trucks with major see the Privacy Act heading below. mechanical, or other technological parts that are interchangeable with a Privacy Act: Anyone is able to search collection techniques or other forms of majority of the covered major parts of the electronic form of all comments information technology, e.g. permitting multipurpose passenger vehicles. received into any of our dockets by the electronic submission of responses. Consistent with this DOJ consultation, name of the individual submitting the In compliance with these the April 6, 2004 final rule amended the comment (or signing the comment, if requirements, NHTSA asks for public general requirements of Section 543.5 of submitted on behalf of an association, comments on the following proposed Chapter 49 of the Code of Federal business, labor union, etc.). You may collections of information: Regulations, allowing a manufacturer to review DOT’s complete Privacy Act Title: Petitions for Exemption from petition NHTSA to grant an exemption Statement in the Federal Register the Vehicle Theft Prevention Standard for one additional line of its passenger published on April 11, 2000 (65 FR (49 CFR part 543). motor vehicles from the requirements of 19477–78). OMB Control Number: 2127–0542. the theft prevention standard for each Docket: For access to the docket to Form Number: None. model year after MY 1996. The final read background documents or Affected Public: Motor vehicle rule became effective September 1, comments received, go to http:// manufacturers. 2006.
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56132 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
Prior to September 1, 2006, submission(s) may be obtained by Executive Office Building, Washington, manufacturers were only allowed to calling the Treasury Bureau Clearance DC 20503. petition NHTSA for high-theft vehicle Officer listed. Comments regarding this Robert Dahl, lines. In its April 6, 2004 final rule, the information collection should be Treasury PRA Clearance Officer. agency amended part 543 to allow addressed to the OMB reviewer listed vehicle manufacturers to file petitions to and to the Treasury Department [FR Doc. E7–19366 Filed 10–1–07; 8:45 am] exempt all vehicle lines that would Clearance Officer, Department of the BILLING CODE 4830–01–P become subject to parts-marking Treasury, Room 11000, 1750 requirements beginning with the Pennsylvania Avenue, NW., DEPARTMENT OF THE TREASURY effective date of the final rule. As a Washington, DC 20220. result of this amendment, vehicle Senior Executive Service; manufacturers are allowed to file DATES: Written comments should be received on or before November 1, 2007 Departmental Offices Performance petitions to exempt all vehicle lines that Review Board would become subject to the parts- to be assured of consideration. marking requirements regardless of their Treasury Inspector General for Tax AGENCY: Treasury Department. theft status (high or low). While there Administration (TIGTA) ACTION: Notice of members of the are approximately 27 vehicle Departmental Offices Performances manufacturers, since the effective date OMB Number: 1591—New. Review Board. of the rule, a maximum of 14 petitions Type of Review: Emergency. SUMMARY: for exemption from the parts-marking Pursuant to 5 U.S.C. 4314(c)(4), this notice announces the requirements have been received by the Title: Refund Anticipation Loans— appointment of members of the agency for any single model year. We Individual Taxpayers. Departmental Offices Performance anticipate this to remain the average Description: The Treasury Inspector Review Board (PRB). The purpose of number of yearly responses received by General for Tax Administration this Board is to review and make the agency. (TIGTA), as part of its FY 2008 audit recommendations concerning proposed NHTSA estimates that the average plan, will interview, via survey, a valid performance appraisals, ratings, bonuses hours per submittal will be 226, for a sample of individual taxpayers who and other appropriate personnel actions total annual burden of 3,164. This was received Refund Anticipation Loans for incumbents of SES positions in the an increase from the previous OMB (RALs) after submitting electronically Departmental Offices, excluding the inventory of 1,130 burden hours. filed (e-file) tax returns. RALs target Legal Division. The Board will perform NHTSA estimates that the cost low-income taxpayers, especially those PRB functions for other bureau associated with these burden hours is who receive an Earned Income Tax positions if requested. $36.62 per hour, for a total cost of Credit (EITC) or who do not have Composition of Departmental Offices approximately $115,866. banking accounts. Because the duration PRB: The Board shall consist of at least Comments are invited on: Whether of a RAL is approximately 7–14 days three members. In the case of an the proposed collection of information (the difference between the time a RALs appraisal of a career appointee, more is necessary for the proper performance are obtained and when they are repaid than half the members shall consist of of the functions of the Department, by with taxpayers’ refunds), fees for career appointees. The names and titles including whether the information will these loans translate into triple digit of the Board members are as follows: have practical utility; the accuracy of annualized interest rates. While the IRS Abbott, Matthew, Deputy Assistant the Department’s estimate of the burden has eliminated the marketing of RALs Secretary (Federal Finance); of the proposed information collection; from its Free File Program, educating Carfine, Kenneth E., Fiscal Assistant ways to enhance the quality, utility and taxpayers about the cost and burden of Secretary; clarity of the information to be RALs and the ability to receive refunds Carroll, Robert J., Deputy Assistant collected; and ways to minimize the quickly without RALs would further Secretary (Tax Analysis); burden of the collection of information help reduce the financial burden RALs Duffy, Michael D., Deputy Assistant on respondents, including the use of place on taxpayers. In addition, this Secretary/Chief Information Officer; automated collection techniques or data will help in learning how RALs Eddy, Lynn M., Associate Chief other forms of information technology. affect tax administration, what changes Information Officer (HR Connect); Issued on: September 24, 2007. are possible and could be taken to better Foster, Wesley T., Deputy Assistant Stephen R. Kratzke, monitor e-file providers, and what Secretary (Management and Budget); actions could be taken to mitigate Fuller, Reese H., Advanced Counterfeit Associate Administrator for Rulemaking. burden through taxpayer education and/ Deterrence Program Director. [FR Doc. 07–4796 Filed 10–1–07; 8:45 am] or changes to the administration of the Gerardi, Geraldine A., Director for BILLING CODE 4910–59–M tax system. Business and International Taxation; Glaser, Daniel L., Deputy Assistant Respondents: Individuals or Secretary (Terrorist Financing and DEPARTMENT OF THE TREASURY Households. Financial Crimes); Estimated Total Burden Hours: 51 Granat, Rochelle F., Deputy Assistant Submission for OMB Review; hours. Secretary for Human Resources and Comment Request Clearance Officer: Joseph Ananka, Chief Human Capital Officer; Daly, Nova James, Deputy Assistant September 26, 2007. (202) 622–5964, Treasury Inspector General for Tax Administration, 1125 Secretary (Investment Security); The Department of Treasury has Dick, Denise, White House Liaison; submitted the following public 15th Street, NW., Suite 700A, Foster, Robert U., Deputy Assistant information collection requirement(s) to Washington, DC 20005. Secretary for Legislative Affairs OMB for review and clearance under the OMB Reviewer: Alexander T. Hunt, (Banking & Finance); Paperwork Reduction Act of 1995, (202) 395–7316, Office of Management Foster, Wesley T., Deputy Assistant Public Law 104–13. Copies of the and Budget, Room 10235, New Secretary (Management and Budget);
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices 56133
Grippo, Gary E., Deputy Assistant DEPARTMENT OF THE TREASURY Nancy C. Fleetwood, Deputy Secretary (Fiscal Operations and Commissioner, Bureau of the Public Policy); Senior Executive Service; Debt Hammerle, Barbara C., Deputy Director, Departmental Performance Review Larry R. Felix, Director, Bureau of Office of Foreign Assets Control; Board Engraving and Printing Hastings, Charles R., Deputy Chief AGENCY: Treasury Department. Pamela J. Gardiner, Associate Director Human Capital Officer; for Management, Bureau of Engraving ACTION: Notice of members of the Kiefer, Donald W., Director, Office of and Printing Departmental Performance Review Tax Analysis; David A. Lebryk, Deputy Director, Board (PRB). Larue, Pamela J., Departmental Budget United States Mint Director; SUMMARY: Lee, Nancy, Deputy Assistant Secretary Pursuant to 5 U.S.C. DATES: Membership is effective on the (Eurasia and Middle East); 4314(c)(4), this notice announces the date of this notice. Mathiasen, Karen V., Director, Office of appointment of members of the FOR FURTHER INFORMATION CONTACT: Financial Reconstruction and Departmental PRB. The purpose of this Catherine R. Schmader, Executive Stabilization; PRB is to review and make Resources Program Manager, 1500 McDonald, William L., Deputy Assistant recommendations concerning proposed Pennsylvania Avenue, NW., Attn: 1750 Secretary (Technical Assistance performance appraisals, ratings, bonuses Pennsylvania Avenue, NW., Suite 8100, Policy); and other appropriate personnel actions Washington, DC 20220, Telephone: McLaughlin, Brookly, Deputy Assistant for incumbents of SES positions for (202) 622–0396. Secretary (Public Affairs); which the Secretary or Deputy Secretary This notice does not meet the Mendelsohn, Howard S., Deputy is the appointing authority. These Department’s criteria for significant Assistant Secretary (Intelligence & positions include SES bureau heads, regulations. Analysis); deputy bureau heads and certain other Norton, Jeremiah O., Deputy Assistant positions. The Board will perform PRB Dennis Cannon, Secretary (Financial Institutions and functions for other key bureau positions Director, Office of Human Capital Strategic Government Sponsored Enterprise if requested. Management. Policy); Composition of Departmental PRB: [FR Doc. E7–19382 Filed 10–1–07; 8:45 am] Peel, Kenneth L., Deputy Assistant The Board shall consist of at least three BILLING CODE 4811–42–P Secretary (Multilateral Development members. In the case of an appraisal of Banks); a career appointee, more than half the Reed, Kimberly A., Director, members shall consist of career DEPARTMENT OF THE TREASURY Community Development Financial appointees. The names and titles of the Senior Executive Service; Legal Institutions Fund; PRB members are as follows: Division Performance Review Board Sills, Gay H., Director, Office of Peter B. McCarthy, Assistant Secretary International Investment; for Management and Chief Financial AGENCY: Treasury Department. Skud, Timothy E., Deputy Assistant Officer ACTION: Notice of members of the Legal Secretary (Tax, Trade and Tariff Clay Lowery, Assistant Secretary for Division Performance Review Board Policy); International Affairs (PRB). Smith, Taiya, Deputy Chief of Staff and Eric Solomon, Assistant Secretary for Executive Secretary; Tax Policy SUMMARY: Pursuant to 5 U.S.C. Sobel, Mark D., Deputy Assistant Kenneth E. Carfine, Fiscal Assistant 4314(c)(4), this notice announces the Secretary (International Monetary and Secretary appointment of members of the Legal Financial Policy); Rochelle F. Granat, Deputy Assistant Division PRB. The purpose of this Board Szubin, Adam J., Director, Office of Secretary for Human Resources and is to review and make recommendations Foreign Assets Control; Chief Human Capital Officer concerning proposed performance Tvardek, Steven F., Director, Office of Charles R. Hastings, Deputy Chief appraisals, ratings, bonuses and other Trade Finance; Human Capital Officer appropriate personnel actions for Warren, Mark E., Deputy Assistant Linda E. Stiff, Deputy Commissioner, incumbents of SES positions in the Secretary for Legislative Affairs (Tax Services and Enforcement, Internal Legal Division. and Budget); Revenue Service Warthin, Thomas W., Director, Office of Composition of Legal Division PRB: John J. Manfreda, Administrator, The Board shall consist of at least three Financial Services Negotiations; Alcohol and Tobacco Tax and Trade Wilkinson, James R., Chief of Staff. members. In the case of an appraisal of Bureau a career appointee, more than half the DATES: Effective Date: Membership is Vicky I. McDowell, Deputy members shall consist of career effective on the date of this notice. Administrator, Alcohol and Tobacco appointees. The names and titles of the Tax and Trade Bureau FOR FURTHER INFORMATION CONTACT: PRB members are as follows: Christine Nalli, Supervisory Human James H. Freis, Jr., Director, Financial Resources Specialist, 1500 Pennsylvania Crimes Enforcement Network Lily Fu, Deputy General Counsel, who Avenue, NW., Washington, DC 20220, William F. Baity, Deputy Director, shall serve as Chairperson; Telephone: 202–622–1105. Financial Crimes Enforcement Peter A. Bieger, Deputy Assistant This notice does not meet the Network General Counsel (Banking and Department’s criteria for significant Kenneth R. Papaj, Commissioner, Finance); regulations. Financial Management Service Michael J. Davidson, Chief Counsel, Judith R. Tillman, Deputy Bureau of Engraving and Printing; James Hyland, Commissioner, Financial Management Michael Desmond, Tax Legislative Director, Office of Human Resources. Service Counsel; [FR Doc. E7–19381 Filed 10–1–07; 8:45 am] Frederick Van Zeck, Commissioner, John Harrington, International Tax BILLING CODE 4810–35–P Bureau of the Public Debt Counsel;
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES 56134 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Notices
H. Stephen Kesselman, Acting Deputy meeting for October 22–24, 2007 in the (Federal Advisory Committee Act) that Chief Counsel (Operations), Internal auditorium (Room A036) at the the Veterans’ Advisory Committee on Revenue Service; Department of Veterans Affairs Medical Education will meet on October 25–26, Bernard J. Knight, Assistant General Center, 1601 SW., Archer Road, 2007 in the main conference room (2nd Counsel (General Law and Ethics); Gainesville, Florida. The meeting will floor) at the Paralyzed Veterans of Donald L. Korb, Chief Counsel, Internal be held from 9 a.m. to 4 p.m. each day. America National Headquarters, 801 Revenue Service; The meeting is open to the public. 18th Street, NW., Washington, DC. On M.J.K. Maher, Jr., Deputy Assistant The purpose of the Committee is to October 25, the session will begin at 8 General Counsel (Enforcement & advise the Secretary of Veterans Affairs a.m. and end at 4:15 p.m. On October Intelligence); on the administration of benefits under Margaret V. Marquette, Chief Counsel, 26, the session will begin at 8:30 a.m. title 38, United States Code, for veterans and end at 12 noon. The meeting is Financial Management Service; who are former prisoners of war, and to open to the public. Thomas M. McGivern, Assistant to the make recommendations on the needs of General Counsel (Legislation & such veterans for compensation, health The purpose of the Committee is to Litigation); care, and rehabilitation. advise the Secretary of Veterans Affairs Mark Monborne, Assistant General The agenda for October 22 will on the administration of education and Counsel (Enforcement & Intelligence); include an introduction of committee training programs for veterans, Marilyn L. Muench, Deputy Assistant members, remarks from dignitaries, servicepersons, reservists, and General Counsel (International review of committee reports, an update dependents of veterans under Chapters Affairs); of activities since the last meeting, and 30, 32, 35, and 36 of title 38, and Russell L. Munk, Assistant General a period for FPOW veterans and/or the Chapter 1606 of title 10, United States Counsel (International Affairs); public to address the Committee. On Code. Clarissa C. Potter, Deputy Chief Counsel October 23, the Committee will hear a On October 25, the meeting will begin (Technical), Internal Revenue Service; presentation from the Robert E. Mitchell with opening remarks and an overview Daniel P. Shaver, Chief Counsel, United Center for Prisoner of War Studies. The by Mr. James Bombard, Committee States Mint; day will conclude with new business Sean M. Thornton, Chief Counsel, Office and general discussion. On October 24, Chair. The agenda for this meeting will of Foreign Assets Control; the Committee’s medical and include discussions on pending Robert M. Tobiassen, Chief Counsel, administrative work groups will meet to legislation, a presentation by guest Alcohol and Tobacco Tax and Trade discuss their activities and then will speaker Mr. Allison Jones, Vice Bureau, and Paul Wolfteich, Chief report back to the Committee in the Chancellor of California State Counsel, Bureau of Public Debt. afternoon. Additionally, the Committee University, an overview of licensing and DATES: Effective Date: Membership is will review comments discussed certification opportunities, and effective on the date of this notice. throughout the meeting to compile a discussion concerning outreach efforts FOR FURTHER INFORMATION CONTACT: report to be sent to the Secretary. to veterans before their enrollment in Kitty Russell, Administrative Members of the public may submit higher education programs. Oral Management Coordinator, 1500 written statements for review by the statements will be heard at 4 p.m. on Pennsylvania Avenue, NW., Room 3000, Committee in advance of the meeting to October 25. On October 26, the Washington, DC 20220, Telephone: Mr. Bradley G. Mayes, Director, Committee will review and summarize (202) 622–0264. Compensation and Pension Service, issues addressed during this meeting. This notice does not meet the Department of Veterans Affairs, 810 Interested persons may file written Department’s criteria for significant Vermont Avenue, NW., Washington, DC statements to the Committee before the regulations. 20420. Submitted materials must be meeting, or within 10 days after the received by October 10, 2007. Kitty Russell, meeting, with Mr. Salminio Garner, Administrative Management Coordinator. Dated: September 26, 2007. Designated Federal Officer, Department [FR Doc. E7–19383 Filed 10–1–07; 8:45 am] By Direction of the Secretary of Veterans Affairs. Veterans Benefits BILLING CODE 4811–42–P E. Philip Riggin, Administration (225B), 810 Vermont Committee Management Officer. Avenue, NW., Washington, DC 20420. [FR Doc. 07–4849 Filed 10–1–07; 8:45 am] Any member of the public wishing to DEPARTMENT OF VETERANS BILLING CODE 8320–01–M attend the meeting should contact Mr. AFFAIRS Salminio Garner or Andrea Jones at (202) 461–9832. Advisory Committee on Former DEPARTMENT OF VETERANS Prisoners of War; Notice of Meeting AFFAIRS Dated: September 26, 2007. By Direction of the Secretary The Department of Veterans Affairs Veterans’ Advisory Committee on E. Philip Riggin, gives notice under Public Law 92–463 Education; Notice of Meeting (Federal Advisory Committee Act) that Committee Management Officer. the Advisory Committee on Former The Department of Veterans Affairs [FR Doc. 07–4848 Filed 10–1–07; 8:45 am] Prisoners of War has scheduled a gives notice under Public Law 92–463 BILLING CODE 8320–01–M
VerDate Aug<31>2005 15:35 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 rmajette on PROD1PC64 with NOTICES Tuesday, October 2, 2007
Part II
Department of Veterans Affairs 38 CFR Part 5 Payments to Beneficiaries Who Are Eligible for More Than One Benefit; Proposed Rule
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56136 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
DEPARTMENT OF VETERANS the clarity and consistency of existing Employees’ Compensation Act for death AFFAIRS VA regulations. The Project responds to or disability due to Federal civilian a recommendation made in the October employment. 38 CFR Part 5 2001 ‘‘VA Claims Processing Task 5.752 Procedures for elections between VA benefits and compensation under the RIN 2900–AL95 Force: Report to the Secretary of Federal Employees’ Compensation Act. Veterans Affairs.’’ The Task Force 5.753 Payment of VA benefits and civil Payments to Beneficiaries Who Are recommended that the compensation service retirement benefits for the same Eligible for More Than One Benefit and pension regulations be rewritten period. and reorganized in order to improve the 5.754 Effect of payment of compensation AGENCY: Department of Veterans Affairs. VA’s claims adjudication process. under the Radiation Exposure ACTION: Proposed rule. Therefore, the Project began its efforts Compensation Act of 1990 on payment by reviewing, reorganizing, and of certain VA benefits. SUMMARY: Rules Concerning the Receipt of Multiple VA The Department of Veterans redrafting the content of the regulations Affairs (VA) proposes to reorganize and Benefits in 38 CFR part 3 governing the 5.756 Prohibition against concurrent rewrite in plain language provisions compensation and pension program of applicable to payments to beneficiaries receipt of certain VA benefits based on the Veterans Benefits Administration. the service of the same veteran. who are eligible for more than one These regulations are among the most 5.757 Elections between VA disability or benefit. These revisions are proposed as difficult VA regulations for readers to death compensation and pension. part of VA’s rewrite and reorganization understand and apply. 5.758 Electing Improved Pension instead of all of its compensation and pension Once rewritten, the proposed of Old-Law Pension or Section 306 rules in a logical, claimant-focused, and regulations will be published in several Pension. user-friendly format. The intended 5.759 Election between death portions for public review and compensation and dependency and effect of the proposed revisions is to comment. This is one such portion. It assist claimants, beneficiaries, and VA indemnity compensation. includes proposed rules regarding 5.760 Electing Improved Death Pension personnel in locating and understanding payment to beneficiaries who are instead of dependency and indemnity these rules. eligible for more than one benefit. After compensation. DATES: Comments must be received by review and consideration of public 5.761 Concurrent receipt of disability VA on or before December 3, 2007. comments, final versions of these compensation, pension, or death benefits ADDRESSES: Written comments may be proposed regulations will ultimately be by a surviving spouse based on the submitted through published in a new part 5 in 38 CFR. service of more than one veteran. 5.762 Payment of multiple VA benefits to www.Regulations.gov; by mail or hand- Outline a surviving child based on the service of delivery to Director, Regulations more than one veteran. Management (00REG), Department of Overview of New Part 5 Organization Overview of This Notice of Proposed 5.763 Payment of multiple VA benefits to Veterans Affairs, 810 Vermont Avenue, Rulemaking more than one child based on the service NW., Room 1068, Washington, DC Table Comparing Current Part 3 Rules With of the same veteran. 20420; or by fax to (202) 273–9026 (not Proposed Part 5 Rules 5.764 Payment of Survivors’ and a toll free number). Comments should Content of Proposed Regulations Dependents’ Educational Assistance and indicate that they are submitted in Payments to Beneficiaries Who Are Eligible VA death pension or dependency and response to ‘‘RIN 2900–AL95–Payments for More Than One Benefit—General indemnity compensation for the same Provisions period. to Beneficiaries Who Are Eligible for Non-inclusion of Other Part 3 Provisions More than One Benefit.’’ Copies of 5.740 Definitions relating to elections. 5.741 Persons who may make an election. Endnote Regarding Amendatory Language comments received will be available for 5.742 Finality of elections; cancellation of Paperwork Reduction Act public inspection in the Office of certain elections. Regulatory Flexibility Act Regulation Policy and Management, 5.743 General effective dates for Executive Order 12866 Room 1063B, between the hours of 8 awarding, reducing, or discontinuing VA Unfunded Mandates a.m. and 4:30 p.m., Monday through benefits because of an election. Catalog of Federal Domestic Assistance Friday (except holidays). Please call Payments From Service Departments and the Numbers and Titles (202) 273–9515 (not a toll free number) Effects of Those Payments on VA List of Subjects in 38 CFR Part 5 for an appointment. In addition, during Benefits for Veterans Overview of New Part 5 Organization the comment period, comments may be 5.745 Entitlement to concurrent receipt of military retired pay and VA disability We plan to organize the part 5 viewed online through the Federal compensation. regulations so that most of the Docket Management System (FDMS) at 5.746 Prohibition against receipt of active provisions governing a specific benefit www.Regulations.gov. military service pay and VA benefits for are located in the same subpart, with FOR FURTHER INFORMATION CONTACT: the same period. general provisions pertaining to all 5.747 Effect of military readjustment pay, William F. Russo, Director, Regulations compensation and pension benefits also Management (00REG), Department of disability severance pay, and separation pay on VA benefits. grouped together. We believe this Veterans Affairs, 810 Vermont Avenue, 5.748 Concurrent receipt of VA disability organization will enable claimants, NW., Washington, DC 20420, (202) 273– compensation and retirement pay by beneficiaries, and their representatives, 9515 (not a toll free number). certain officers of the Public Health as well as VA personnel, to find SUPPLEMENTARY INFORMATION: The Service. information relating to a specific benefit Secretary of Veterans Affairs has Payments From Federal Agencies and the more quickly than the organization established an Office of Regulation Effects of Those Payments on VA provided in current part 3. Policy and Management to provide Benefits for Veterans and Survivors The first major subdivision would be 5.750 Election between VA benefits and centralized management and compensation under the Federal ‘‘Subpart A—General Provisions.’’ It coordination of VA’s rulemaking Employees’ Compensation Act for death would include information regarding process. One of the major functions of or disability due to military service. the scope of the regulations in new part this office is to oversee a Regulation 5.751 Election between VA benefits and 5, general definitions, and general Rewrite Project (the Project) to improve compensation under the Federal policy provisions for this part. This
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56137
subpart was published as proposed on would be published in two separate The final subpart, ‘‘Subpart M— March 31, 2006. See 71 FR 16464. NPRMs due to its size. The portion Apportionments to Dependents and ‘‘Subpart B—Service Requirements for concerning Old-Law Pension, Section Payments to Fiduciaries and Veterans’’ would include information 306 Pension, and elections of Improved Incarcerated Beneficiaries,’’ would regarding a veteran’s military service, Pension was published as proposed on include regulations governing including the minimum service December 27, 2004. See 69 FR 77578. apportionments, benefits for requirement, types of service, periods of ‘‘Subpart G—Dependency and incarcerated beneficiaries, and war, and service evidence requirements. Indemnity Compensation, Death guardianship. This subpart was published as proposed Compensation, Accrued Benefits, and Some of the regulations in this NPRM on January 30, 2004. See 69 FR 4820. Special Rules Applicable Upon Death of cross-reference other compensation and ‘‘Subpart C—Adjudicative Process, a Beneficiary,’’ would contain pension regulations. If those regulations General’’ would inform readers about regulations governing claims for have been published in this or earlier types of claims and filing procedures, dependency and indemnity NPRMs for the Project, we cite the VA’s duties, rights and responsibilities compensation (DIC); death proposed part 5 section. We also of claimants and beneficiaries, general compensation; accrued benefits; benefits include, in the relevant portion of the evidence requirements, and effective awarded, but unpaid at death; and Supplementary Information, the Federal dates for new awards, as well as various special rules that apply to the Register page where a proposed part 5 revision of decisions and protection of disposition of VA benefits, or proceeds section published in an earlier NPRM VA ratings. This subpart will be of VA benefits, when a beneficiary dies. may be found. However, where a published as three separate Notices of This subpart would also include related regulation proposed in this NPRM Proposed Rulemaking (NPRMs) due to definitions, effective-date rules, and would cross-reference a proposed part 5 its size. The first, concerning the duties rate-of-payment rules. This subpart was regulation that has not yet been of VA and the rights and responsibilities published as two separate NPRMs due published, we cite to the current part 3 of claimants and beneficiaries, was to its size. The portion concerning regulation that deals with the same published as proposed on May 10, 2005. accrued benefits, death compensation, subject matter. The current part 3 See 70 FR 24680. The second, covering special rules applicable upon the death section we cite may differ from its general evidence requirements, effective of a beneficiary, and several effective- eventual part 5 counterpart in some dates for awards, revision of decisions, date rules, was published as proposed respects, but we believe this method and protection of VA ratings, was on October 1, 2004. See 69 FR 59072. will assist readers in understanding published as proposed on May 22, 2007 The portion concerning DIC benefits these proposed regulations where no (AM01). See 72 FR 28770. part 5 counterpart has yet been ‘‘Subpart D—Dependents and and general provisions relating to proof of death and service-connected cause of published. If there is no part 3 Survivors’’ would inform readers how counterpart to a proposed part 5 VA determines whether an individual is death was published as proposed on October 21, 2005. See 70 FR 61326. regulation that has not yet been a dependent or a survivor of a veteran. published, we have inserted ‘‘Subpart H—Special and Ancillary It would also provide the evidence ‘‘[regulation that will be published in a Benefits for Veterans, Dependents, and requirements for these determinations. future Notice of Proposed Rulemaking]’’ Survivors’’ would pertain to special and This subpart was published as proposed where the part 5 regulation citation ancillary benefits available, including on September 20, 2006. See 71 FR would be placed. 55052. benefits for children with various birth Because of its large size, proposed ‘‘Subpart E—Claims for Service defects. This subpart was published as part 5 will be published in a number of Connection and Disability proposed on March 9, 2007. See 72 FR NPRMs, such as this one. VA will not Compensation’’ would define service- 10860. adopt any portion of part 5 as final until connected compensation, including ‘‘Subpart I—Benefits for Certain all of the NPRMs have been published direct and secondary service Filipino Veterans and Survivors’’ would for public comment. connection. This subpart would inform pertain to the various benefits available In connection with this rulemaking, readers how VA determines entitlement to Filipino veterans and their survivors. VA will accept comments relating to a to service connection. The subpart This subpart was published as proposed prior rulemaking issued as a part of the would also contain those provisions on June 30, 2006. See 71 FR 37790. Project, if the matter being commented governing presumptions related to ‘‘Subpart J—Burial Benefits’’ would on relates to both rulemakings. service connection, rating principles, pertain to burial allowances. and effective dates, as well as several ‘‘Subpart K—Matters Affecting the Overview of This Notice of Proposed special ratings. This subpart will be Receipt of Benefits’’ would contain Rulemaking published as three separate NPRMs due provisions regarding bars to benefits, This NPRM pertains to payments to to its size. The first, concerning forfeiture of benefits, and renouncement claimants and beneficiaries who are presumptions related to service of benefits. This subpart was published eligible for more than one VA benefit or connection, was published as proposed as proposed on May 31, 2006. See 71 FR one VA benefit in addition to certain on July 27, 2004. See 69 FR 44614. 31056. benefits from other Federal agencies. ‘‘Subpart F—Nonservice-Connected ‘‘Subpart L—Payments and These regulations would be contained Disability Pensions and Death Adjustments to Payments’’ would in proposed Subpart L of new 38 CFR Pensions’’ would include information include general rate-setting rules, part 5. Although these regulations have regarding the three types of nonservice- several adjustment and resumption been substantially restructured and connected pension: Improved Pension, regulations, and election-of-benefit rewritten for greater clarity and ease of Old-Law Pension, and Section 306 rules. Because of its size, subpart L will use, most of the basic concepts Pension. This subpart would also be published in two separate NPRMs. contained in these proposed regulations include those provisions that state how The portion of subpart L that concerns are the same as in their existing to establish entitlement to Improved payments to beneficiaries who are counterparts in 38 CFR part 3. However, Pension, and the effective dates eligible for more than one benefit is the a few substantive differences are governing each pension. This subpart subject of this NPRM. proposed, as are some regulations that
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56138 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
do not have counterparts in 38 CFR part Based in whole or in part 3 section in the table, but no 3. Proposed part 5 sec- part on 38 CFR part 3 reference to paragraph (b) of that section tion or paragraph section or paragraph because paragraph (b) will be addressed Table Comparing Current Part 3 Rules (or ‘‘New’’) in a separate NPRM. The table also does With Proposed Part 5 Rules 5.751(a)(2) ...... 3.708(b)(1) [second not include provisions from part 3 The following table shows the sentence] and regulations that will not be carried relationship between the current 3.958. forward to part 5. Such provisions are regulations in part 3 and the proposed 5.751(b) ...... 3.708(b)(2). discussed specifically under the regulations contained in this NPRM: 5.751(c) ...... 3.708(b)(1) [second appropriate part 5 heading in this and third sentences preamble. Readers are invited to (excluding inter- Based in whole or in comment on the proposed part 5 Proposed part 5 sec- part on 38 CFR part 3 vening cross ref- provisions and also on our proposals to tion or paragraph section or paragraph erence)]. omit those part 3 provisions from part (or ‘‘New’’) 5.751(d) ...... New. 5.751(e) ...... 3.708(a)(3) and 5. 5.740—Election ...... 3.701(b). 3.708(b)(1) [last Content of Proposed Regulations 5.740—Initial election New. sentence]. 5.740—Reelection ..... New. 5.752 ...... New. Payments to Beneficiaries Who Are 5.740—Timely filed ... 3.750(b) [third sen- 5.753 ...... 3.710. Eligible for More Than One Benefit— tence]. 5.754(a) ...... New. General Provisions 5.754(b) and (c) ...... 3.715. 5.741(a) ...... 3.155(a), 3.701(b), 5.740 Definitions Relating to Elections 13.55, 13.57, 5.754(d) ...... 3.500(x). 13.58, 13.59, and 5.756 ...... 3.700 [introduction]. Proposed § 5.740 defines four terms New. 5.757(a) ...... 3.701(a) [sentences applicable to elections. The first 5.741(b) ...... 3.155(b), 3.701(b). one and two]. definition is of the term ‘‘election.’’ 5.742(a) ...... 3.702(d)(1) [second 5.757(b) ...... 3.701(a) [sentences one and two]. Current § 3.701(b) provides that VA may sentence] and accept a statement meeting the 3.711 [second sen- 5.757(c) ...... 3.701(a) and New. 5.757(d) ...... 3.701(a) [first and requirements of an informal claim as an tence]. election. The requirements of an 5.742(b) ...... New. third sentences]. 5.742(c) ...... 3.702(d)(1) [last sen- 5.757(e)(1) ...... 3.701(a) [first and informal claim are contained in the first tence] and New. fourth sentences]. two sentences of current § 3.155(a). 5.742(d) and (e) ...... New. 5.757(e)(2) ...... New. They are, essentially, any 5.757(e)(3) ...... 3.701(a) [fifth sen- 5.743(a) ...... 3.400(j)(1). communication or action from a tence]. 5.743(b) ...... 3.500(e) [first sen- claimant or certain other listed persons 5.758(a) ...... 3.711 [first sentence]. tence], (i), and (x). that indicates an intent to apply for one 5.758(b) ...... 3.711 [last sentence]. 5.745 ...... 3.401(e) and 3.750. 5.758(c) ...... 3.960(a). or more VA benefits and that identifies 5.746(a) ...... 3.654(a) [second sen- 5.758(d) ...... 3.701(a) [fifth sen- the benefit(s) sought. Additionally, tence] and tence]. current § 3.1(p) requires that all claims 3.700(a)(1)(ii). 5.759(a)(1)(i) ...... 3.702(a). be in writing. 5.746(b) ...... 3.654(a) [first sen- 5.759(a)(1)(ii) ...... 3.702(d)(1). We believe that it would be clearer to tence] and 5.759(a)(2) ...... 3.702(a). define an election directly, rather than 3.700(a)(1)(i). 5.759(b) ...... 3.702(c). through a reference to informal claims. 5.746(c) ...... 3.501(a) and 5.760 ...... 3.702(d)(2) and New. 3.654(b)(1). We also note that there is an element 5.761 ...... 3.700(b)(1). inherent in the concept of an ‘‘election’’ 5.746(d)(1) ...... 3.654(b)(2) [first sen- 5.762(a), (b) ...... 3.700(b)(2). tence]. that is not necessarily present in an 5.762(c) ...... 3.659, 3.703, and informal claim, the element of choice, 5.746(d)(2)(i) ...... New. 3.503(a)(7). 5.746(d)(2)(ii) ...... 3.654(b)(2) [third and 5.763 ...... 3.704(a). and that in practice VA requires that an fourth sentences]. 5.764(a) ...... 3.503(a)(8), 3.659(b), election be signed by a person with 5.746(d)(3) ...... New. 3.703(c), 3.707(a), authority to make the election. 5.746(d)(4) ...... 3.654(b)(2) [second and 21.3023. Considering all of these factors, we sentence]. 5.764(b), (c), and (d) 3.707 and 21.3023. propose to define an election as ‘‘any 5.746(d)(5) ...... 3.654(b)(2) [last sen- writing, signed by a person authorized tence]. Readers who use this table to compare by § 5.741, ‘Persons who may make an 5.746(e) ...... 3.654(c) and existing regulatory provisions with the 3.700(a)(1)(iii). election,’ expressing a choice between 5.747(a)(1) ...... 3.700(a)(2)(iii) [first proposed provisions, and who observe a two or more VA benefits to which the sentence]. substantive difference between them, person is entitled, or between VA and 5.747(a)(2) ...... 3.700(a)(2)(iv). should consult the text that appears other Federal benefits to which the 5.747(b) ...... 3.700(a)(3). later in this document for an person is entitled.’’ No substantive 5.747(c)(1) ...... 3.700(a)(5)(i) [first explanation of significant changes in change is intended by this definition. sentence]. each regulation. Not every paragraph of The next two terms that are defined 5.747(c)(2) ...... 3.700(a)(5)(ii). every current part 3 section regarding are ‘‘initial election’’ and ‘‘reelection.’’ 5.747(d) ...... 3.700(a)(2)(iii), (a)(3), the subject matter of this rulemaking is An initial election is the first election and (a)(5)(i). accounted for in the table. In some that a person authorized by § 5.741 5.748 ...... 3.753. instances, other portions of the part 3 makes between two or more benefits. A 5.750(a)(1) ...... 3.708(a)(1) and (a)(4). sections that are addressed in these reelection is a later, different election 5.750(a)(2) ...... 3.708(a)(2). proposed regulations will appear in between benefits that were the subject of 5.750(a)(3) ...... New. subparts of part 5 that are being an initial election. We note that ‘‘initial 5.750(b) ...... 3.708(a)(3). published separately for public election’’ and ‘‘reelection’’ are not 5.751(a)(1) ...... 3.708(b)(1) [first sen- comment. For example, a reader might defined in part 3. We think that adding tence]. find a reference to paragraph (a) of a these definitions in part 5 will prove
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56139
very helpful to the reader. The the right to make an election when it the second sentence of § 3.711 (which is definitions are based on VA’s current receives a communication from a applicable to elections of Improved election regulations and no substantive Member of Congress or from a claimant Pension). Although § 3.702(d)(1) change is intended. or beneficiary’s duly authorized concerns DIC elections and § 3.711 The last term defined is ‘‘timely representative. If VA receives an concerns pension elections, it is long- filed.’’ We propose to state that, with election signed by a person authorized standing VA practice to apply this rule respect to elections, ‘‘timely filed’’ to do so under § 5.741(a) within 1 year to other elections of benefits. We note means that a person authorized by of the notice, it will then consider the that § 3.711 refers to an exception to the § 5.741 filed an election within 1 year of election to have been filed on the date rule that an election is final upon VA’s notice that such an election is it received the communication from the negotiation of a check. The exception is required. This definition is consistent Member of Congress or the found in current § 3.714. We have not with the definition of a ‘‘timely filed’’ representative. These procedures are included this exception in proposed election in current § 3.750(b). While that substantively consistent with rules in § 5.742 because § 3.714 is obsolete. VA definition is in the context of an current § 3.701(b), which permit VA to proposed the removal of § 3.714 in a election between VA benefits and accept a statement meeting the prior rewrite package (‘‘Elections of military retirement pay, the definition requirements of an informal claim as an Improved Pension; Old Law and Section in fact applies to all elections. See 38 election, and in current § 3.155, which 306 Pension,’’ RIN 2900–AL83). See 69 U.S.C. 5103(b), which provides that permits VA to accept an informal claim FR 77578, 77587. when VA notifies a claimant that from a Member of Congress or The vast majority of VA beneficiaries information or evidence is necessary to representative subject to confirmation now receive benefits by direct deposit or substantiate a claim, such information through filing a benefit application electronic funds transfer rather than by or evidence must be received by VA within 1 year from the date VA sends check. In such cases the rule regarding within 1 year of the date such notice is the application. The end result would negotiating a check in proposed sent. be the same under proposed § 5.741(b) § 5.742(a) could not apply. To cover 5.741 Persons Who May Make an as it would be under current part 3 benefits received by direct deposit or Election rules; however, proposed § 5.471(b) electronic funds transfer, we have does not use the ‘‘informal claim’’ Proposed § 5.741 describes persons proposed new § 5.742(b), which states language, which lacks clarity in the that elections by beneficiaries who who may make an election. Paragraph context of benefit elections. (a) lists persons who are authorized to receive benefits by direct deposit or sign an election. They include a 5.742 Finality of Elections; electronic funds transfer are final when claimant, a beneficiary, or a person Cancellation of Certain Elections the applicable financial institution authorized to act on behalf of a claimant Proposed § 5.742 states rules for receives the second payment of the or beneficiary. This list is based in part determining when an election is ‘‘final.’’ elected benefit. This is consistent with on current § 3.155(a) and § 3.701(b) and As explained in the introductory long-standing VA practice. The in part on long-standing VA practice. paragraph of proposed § 5.742, this reasoning is that a deposit in the We have listed a beneficiary as a person section explains that a final election or beneficiary’s account serves as notice authorized to sign an election, which is reelection ordinarily may be changed that the elected benefits are being paid, consistent with long-standing VA only by cancellation under paragraph just as receipt of a check is notice that practice. We have also listed persons (d) or (e) of this section or by reelection, the elected benefits are being paid. who are authorized to act on behalf of if authorized. The introductory Proposed § 5.742(c) provides a general a claimant or beneficiary according to paragraph also explains that other rule that an election is final if the payee the requirements of certain VA provisions of this part specify when dies before negotiating a check or before regulations in part 13 of title 38 CFR, reelection is authorized and when a receiving a second payment by direct regarding fiduciaries. This is consistent final election or reelection is deposit or electronic funds transfer. It is with long-standing VA practice, and no irrevocable. derived from the more specific substantive change is intended. Provisions similar to proposed provision contained in the last sentence Paragraph (b) of proposed § 5.741 is § 5.742(a), (b), (d), and (e) were of § 3.702(d)(1), which states that an also based on current § 3.155(a), which previously published as part of another election of DIC is final even if the payee states that Members of Congress or a part 5 NPRM, ‘‘Elections of Improved dies before negotiating a check. This claimant or beneficiary’s duly Pension; Old-Law Pension and Section expansion of the rule from § 3.702(d)(1) authorized representative are able to file 306 Pension,’’ which was published as is consistent with long-standing VA an informal claim. They are, therefore, proposed on December 27, 2004, 69 FR practice and allows for the orderly and able to communicate a claimant’s or 77578. These provisions were contained consistent administration of payments beneficiary’s intent to elect a particular in proposed § 5.461(b). We now propose to the estates of deceased beneficiaries. benefit, as per § 3.701(b). However, to remove that regulation (§ 5.461) and In proposed § 5.742(c), we have also consistent with long-standing VA address these concepts in this NPRM in added a provision addressing direct practice, they are not able to sign an proposed §§ 5.742 and 5.758 instead. deposit and electronic funds transfer, election. Further, as stated in § 3.155(b), This will help achieve consolidation of which we have added to be consistent a communication from certain benefit election rules in this NPRM. with proposed § 5.742(b). representatives, namely a service Proposed § 5.742(a) states that an Proposed § 5.742(d) states that if VA organization, an attorney, or an agent, election is final when a beneficiary (or determines that a beneficiary was may not be accepted unless a power of someone authorized to act for the incompetent when he or she elected a attorney existed at the time the beneficiary under § 5.741) has benefit, the election can be canceled. communication was written. negotiated a check for the elected This is consistent with long-standing In keeping with long-standing VA benefit. This is based on the last VA practice and helps ensure that practice, paragraph (b) of proposed sentence of § 3.702(d)(1) (which is incompetent beneficiaries receive all the § 5.741 states that VA will provide applicable to elections of dependency benefits to which they are entitled notice to the claimant or beneficiary of and indemnity compensation (DIC)) and under the law.
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56140 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
Proposed § 5.742(e) states that a Section 3.400(j)(1) covers situations Proposed § 5.746(b) states the general beneficiary can cancel an election if he where a beneficiary elects a different rule that VA will not pay disability or she made the election based on benefit. It does not address situations compensation or pension for any period erroneous information that was where a claim is pending and an in which the veteran received active provided by VA. However, VA must election is timely filed under § 5.740(d). military service pay. It is based on determine that the information was In such cases, VA’s long-standing § 3.700(a)(1)(i) and the first sentence of erroneous based on the same evidence practice has been to assign an effective § 3.654(a). However, we have not of record used previously to provide the date that is the same as the effective date included the reference to ‘‘retirement erroneous information. One example of VA would assign for the awarded pay’’ found in current §§ 3.654(a) and this rule’s application would be if VA benefit if no election were required. We 3.700(a)(1)(i), since VA does not mistakenly informed a claimant or have added such language to § 5.743(a) administer any veteran’s benefit titled beneficiary that he or she would be to address such situations. ‘‘retirement pay.’’ VA previously paid entitled to a higher rate if a particular Paragraph (b) provides the effective emergency officers’ retirement pay benefit were elected and then later date for reduction or discontinuance (EOR), which is no longer a viable determines that this was not the case when VA reduces or discontinues a benefit. Therefore, references to EOR (based on the same evidence of record benefit because another benefit is would not be carried forward to new at the time that VA mistakenly informed elected. It is based on current § 3.500(e) part 5. Although military retirement pay the claimant or beneficiary of his or her (first sentence), pertaining to Federal may also be discontinued when a entitlement to a higher rate). This is employees’ compensation, § 3.500(i), veteran returns to active duty, VA does consistent with long-standing VA pertaining to elections in general, and not administer that benefit. practice and helps ensure that § 3.500(x), pertaining to the Radiation Proposed § 5.746(c) states the effective beneficiaries are not unfairly deprived Exposure Compensation Act of 1990. date of discontinuance of payments for of VA benefits. We have consolidated these three VA benefits during active duty status. It Note that when provisions similar to effective date provisions in proposed is based on current §§ 3.501(a) and § 5.742(d) and (e) were previously § 5.743(b). We note that part 3 3.654(b)(1). We propose to state that VA proposed as § 5.461(b)(2) and (3), they regulations provide effective dates for will discontinue payments ‘‘effective provided that a request to cancel the reductions and discontinuances of VA the day the veteran begins active duty election must be received within 1 year benefits in terms of the last date of service.’’ This is consistent with our from the date that the election had entitlement to payment at the previous proposal throughout the Rewrite Project become effective. Following internal rate. We believe that it is clearer to state to state effective dates for reconsideration of this provision, we that the effective date for a reduction or discontinuances as the actual day have determined that this limitation discontinuance is the first day of payment stops, rather than the last day might be overly narrow in some cases. payment of the new reduced rate or ‘‘no- benefits are paid. Therefore, proposed § 5.742(d) and (e) pay date,’’ rather than as the last day of Title 10 U.S.C. 12316 gives veterans who return to active duty the right to contain no such limitation. the old rate. This approach is consistent continue to receive VA compensation or throughout the rewrite project. We have 5.743 General Effective Dates for pension rather than active duty pay. taken that approach in proposed Awarding, Reducing, or Discontinuing This principle is not stated in current paragraph (b). VA Benefits Because of an Election § 3.654 but we believe it is important for Proposed § 5.743(a) is based on Payments From Service Departments veterans to be aware of this right. current § 3.400(j)(1), which states the and the Effects of Those Payments on Accordingly, we have included this general effective date rule for elections. VA Benefits for Veterans information in proposed § 5.746(c). (Other part 5 provisions may contain Proposed § 5.746(d) concerns the specific additional effective date rules.) 5.745 Entitlement to Concurrent resumption of payments for VA benefits Under current § 3.400(j)(1), unless Receipt of Military Retired Pay and VA after release from active duty. It is based otherwise provided, the effective date of Disability Compensation on current § 3.654(b)(2). Current an award of elected VA benefits is ‘‘the Proposed § 5.745 pertains to the § 3.654(b)(2) provides that date of receipt of election, subject to concurrent receipt of military retirement compensation will be authorized based prior payments.’’ The effective date is pay and VA disability compensation. It on the degree of disability found to exist ‘‘subject to prior payments’’ in order to closely follows the language of current at the time the award is resumed, and avoid impermissible concurrent § 3.750, which was recently amended. that the disability will be evaluated on payment of benefits which a beneficiary No substantive changes are proposed. the basis of all facts, including records cannot lawfully receive for the same Section 3.401(e) contains the effective from the service department relating to time period. This could potentially date rules for elections between military the most recent period of active service. occur when a person receiving Benefit retirement pay and VA disability The practical consequence of this is that A elects to receive Benefit B instead, compensation. We have incorporated while the effective date for the and the award of Benefit B is retroactive these provisions into § 5.745(e). No resumption of payments can be as early for some period of time. Because Benefit substantive change is intended. as the day following release from active A and Benefit B cannot be received for duty, the award that will generate those 5.746 Prohibition Against Receipt of the same time period, VA would offset payments can be delayed while VA Active Military Service Pay and VA the payments already issued for Benefit evaluates the degree of current Benefits for the Same Period A against the amount payable for disability. Benefit B. Proposed paragraph (a)(2) Proposed § 5.746(a) defines active In some cases, however, it might be provides for this offset. The reader military service pay. It is based on clear from the record that the degree of should note that no substantive change current § 3.654(a) and § 3.700(a)(1)(ii). impairment resulting from a service- is intended in paragraph (a)(2). The We propose to state ‘‘active military connected disability had already offset is provided for in current service pay’’ rather than ‘‘active service become ‘‘static’’ when the veteran § 3.400(j)(1), and proposed § 5.743(a)(2) pay’’ for clarity. No substantive change returned to active duty. A ‘‘static’’ merely explains it in more detail. is intended. disability is one that has stabilized and
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56141
is unlikely to either progress or which explains how VA classifies Although the savings provision allows improve. For example, the impairment Reserve and National Guard duty. (The personnel who were on active duty on resulting from an injury may remain text of proposed § 5.23 may be found at September 14, 1981, to be awarded permanently the same after the injury 69 FR 4833.) We have also clarified that nondisability severance pay, it is highly has fully healed. In the case of such while VA does continue to accept unlikely that it would still be awarded, static service-connected disabilities, the prospective waivers, each waiver is since, due to the passage of time, such processing of resumed payments need good for not more than 1 year. In most personnel would now be eligible for not be delayed to reassess current cases, VA generates annual waiver retirement benefits. The purpose of impairment because impairment is not forms to send to veterans based upon nondisability severance pay was to expected to change. training duty data provided by the provide for service members who were Accordingly, we propose to provide Department of Defense. involuntarily separated from the in proposed § 5.746(d)(2)(i) that VA will military prior to eligibility for 5.747 Effect of Military Readjustment resume payments for service-connected retirement benefits. Now that these Pay, Disability Severance Pay, and disabilities at the same disability level personnel would more than likely be Separation Pay on VA Benefits that was in effect immediately prior to eligible for retirement benefits, we entering active duty if the evidence of Proposed § 5.747 is derived from believe a regulation pertaining to record shows that the level of disability current § 3.700(a)(2) through (5). We nondisability severance pay is no longer was static at the time of entry. This propose not to repeat current necessary. proposed provision is consistent with § 3.700(a)(2)(i) and (ii), concerning We note that § 3.700(a)(3) indicates long-standing VA practice and prevents readjustment pay under former 10 that VA will recoup the total amount of unnecessary delays in resuming VA U.S.C. 687 and 3814, because they are disability severance pay from an award disability compensation payments for no longer necessary. These sections of of VA compensation when entitlement veterans returning from military service title 10, United States Code, were to VA compensation was established on where the degree of impairment for a repealed by §§ 109(a) and 214 of the or after September 15, 1981, even if the service-connected disability is already Defense Officer Personnel Management award for VA compensation is not for known. This would not preclude the Act (the Act) in 1980. Public Law 96– the same disability for which disability veteran from requesting an increase if he 513, 94 Stat. 2835, 2870 and 2885. The severance pay was granted. While this or she believed the disability had repeal was effective September 15, 1981. may be true for recoupment of worsened. As provided in proposed Public Law 96–513, section 701(a), 94 nondisability severance pay, this § 5.746(d)(2)(ii), other disabilities Stat. 2955. proposed rule would explain that it is (which may have gotten better or worse Although a savings provision was not true for disability severance pay. during the period of active duty) would included in the Act, which allows Under 10 U.S.C. 1212(c), VA must only continue to be evaluated before resumed persons who were on active duty on recoup disability severance pay from payments are awarded. September 14, 1981, and were VA compensation when the VA Proposed new § 5.746(d)(3) clarifies subsequently involuntarily separated compensation is for the same disability how the provisions of current § 3.31, from service, to elect payment under for which disability severance pay was concerning delayed beginning dates for repealed 10 U.S.C. 687 and 3814, it is granted. certain VA benefit payments, applies to unlikely that there are still any eligible The current regulation reflects an payments resumed under § 5.746(d). recipients. Therefore it is unlikely that ambiguity existing between two statutes. With one exception, § 3.31 does not the application of § 3.700(a)(2)(i) and (ii) Section 1212(c) permits VA to recoup apply because its application is limited would be required under proposed new disability severance pay from VA to ‘‘original, reopened, or increased part 5. Should that be necessary in a compensation when the VA awards’’ and does not apply to awards specific case, VA may always proceed compensation is for the same disability that ‘‘provide only for continuity of under the applicable statutes. for which disability severance pay was entitlement with no increase in rate of Proposed § 5.747(a) pertains to lump- granted. However, 10 U.S.C. 1174(h)(2) payment.’’ See § 3.31(b). The exception sum readjustment pay. Paragraph (a)(1) states more broadly that if a veteran is that § 3.31 does apply to the portion of proposed § 5.747 repeats nearly received separation pay, severance pay, of the payment that represents the verbatim the first sentence of current or readjustment pay under any amount of the increase if the disability § 3.700(a)(2)(iii). It describes the provision of law based on service in the evaluation is increased. recoupment of lump-sum readjustment armed forces, VA must deduct the ‘‘total Members of the Reserves and National from VA compensation. Paragraph (a)(2) amount’’ of such payment from VA Guard cannot receive both training pay is derived from 3.700(a)(2)(iv), and disability compensation payments to the and VA compensation or pension describes the prohibition against veteran. The current provision in payments at the same time. However, recoupment of lump-sum readjustment section 3.700(a)(3) may suggest the view they may waive their VA benefits in pay from VA compensation awarded for that the general rule stated in section order to receive their training pay, a subsequent period of service. 1174(h)(2) supersedes the more specific, which may be a greater amount. Proposed § 5.747(b) is derived from but earlier-enacted rule in section Proposed § 5.746(e) combines and current § 3.700(a)(3) and restates the 1212(c). However, the Supreme Court updates the rules relating to waiver of conditions under which VA will recoup has stated that ‘‘it is a commonplace of VA benefits while on training duty that disability severance pay from a statutory construction that the specific are located in current §§ 3.654(c) and subsequent award of VA disability governs the general.’’ Morales v. TWA, 3.700(a)(1)(iii). We have omitted a now compensation. We have not included 504 U.S. 374, 384 (1992). Further, obsolete reference to ‘‘retirement pay’’ provisions regarding nondisability section 1161 of title 38, United States for the reasons noted above. We have severance pay because it is highly Code, which governs VA disability clarified that the waivers apply to pay unlikely that there will be any compensation awards, continues to refer received by Reservists and National remaining eligible recipients. to 10 U.S.C. 1212(c), rather than 10 Guard members for active duty for Nondisability severance pay was U.S.C. 1174(h)(2), as the statute training or inactive duty for training and authorized under former 10 U.S.C. 8786, governing payment of disability included a cross reference to § 5.23, which was repealed by the Act in 1980. compensation in cases involving
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56142 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
disability severance pay. Accordingly, 5.748 Concurrent Receipt of VA of VA disability compensation for a the provision in this proposed rule that Disability Compensation and Retirement particular disability, and the veteran VA will recoup disability severance pay Pay by Certain Officers of the Public subsequently is awarded increased VA from VA disability compensation only Health Service compensation based on a subsequent where both awards involve the same Proposed § 5.748 is based on current increased impairment of that disability, disability more accurately reflects the § 3.753 with no substantive change. We the veteran may elect to receive FECA requirements of the governing statutes. have added authority citations. compensation or VA compensation as to For the reasons stated above, provisions that additional disability. The basis for Payments From Federal Agencies and this policy is that the increase in regarding nondisability severance pay the Effects of Those Payments on VA are no longer necessary and are not payment is considered a new award that Benefits for Veterans and Survivors is subject to an initial election. included in proposed § 5.747. 5.750 Election Between VA Benefits Paragraph (b) of proposed § 5.750 is Proposed § 5.747(c) pertains to and Compensation Under the Federal based on current § 3.708(a)(3), and recoupment of separation pay and Employees’ Compensation Act for Death involves the effect of a surviving special separation benefits. Paragraph or Disability Due to Military Service spouse’s election of FECA compensation (c)(1) of proposed § 5.747 repeats nearly or VA benefits on the rights of children. verbatim the first sentence of current Proposed § 5.750 is based on current We have divided the provisions of § 3.700(a)(5)(i). It describes the § 3.708(a), pertaining to benefits payable current § 3.708(a)(3) into proposed under the Federal Employees’ recoupment of separation pay from VA § 5.750(b)(1) and (b)(2). Proposed Compensation Act (FECA), based on compensation. Paragraph (c)(2) of § 5.750(b)(1) addresses situations where service in the U.S. Armed Forces before proposed § 5.747 is derived from current the rights of the child are controlled by January 1, 1957. (FECA compensation is the surviving spouse. Proposed § 3.700(a)(5)(ii), and describes the also payable based on Federal civilian prohibition against recoupment of § 5.750(b)(2) addresses situations where employment, which is the subject of the rights of the child are independent separation pay from VA compensation proposed § 5.751.) Paragraph (a)(1) of of the surviving spouse. awarded for a subsequent period of proposed § 5.750 is based on current We have added an authority citation service. § 3.708(a)(1) and (a)(4). Current at the end of proposed § 5.750, which Proposed § 5.747(d) states the amount § 3.708(a)(1) is entitled ‘‘initial includes section 8116(b) of title 5, VA must recoup from VA disability election.’’ We have changed this to United States Code, which is the statute compensation for lump-sum ‘‘election required,’’ because ‘‘initial governing elections between VA readjustment pay, disability severance election’’ might imply that a reelection benefits and FECA compensation, pay, separation pay, or special is possible. Under 5 U.S.C. 8116(b), section 501(a) of title 38, United States separation benefits paid to veterans however, an election between VA Code, which is the statute authorizing upon their separation from service. It benefits and FECA compensation the Secretary of VA to prescribe generally is irrevocable and thus is not consolidates portions of current regulations that are necessary or subject to a subsequent reelection (with §§ 3.700(a)(2)(iii), (a)(3), and (a)(5)(i). appropriate to carry out the laws an exception noted in proposed administered by VA, and section There is one change concerning the § 5.750(a)(2)). Thus, the title has been 1316(b) of title 38, United States Code, amount of special separation benefits changed to ‘‘election required.’’ In which is the statute pertaining to awarded under 10 U.S.C. 1174a that VA addition, we have added a provision elections between DIC and FECA must recoup. Current § 3.700(a)(5) indicating that an election between VA compensation. provides, in part, that VA will recoup benefits and FECA compensation is the full amount of special separation irrevocable, aside from the exception 5.751 Election Between VA Benefits benefits paid on or before September 30, provided for in proposed § 5.750(a)(2). and Compensation Under the Federal 1996, but will reduce the amount We believe that providing this Employees’ Compensation Act for Death or Disability Due to Federal Civilian recouped by the amount of Federal clarification will be helpful to the Employment income tax withheld from special reader. No substantive change is separation benefits paid after September intended. Proposed § 5.751 is based primarily 30, 1996. That was accurate at the time Paragraph (a)(2) of proposed § 5.750 is on current §§ 3.708(b) and 3.958, that § 3.700(a)(5) was drafted. However, based on current § 3.708(a)(2). We have regarding FECA compensation for death section 8208 of the Transportation changed the heading from ‘‘right of or disability due to Federal civilian reelection’’ to ‘‘right to elect DIC in lieu Equity Act for the 21st Century, Public employment. However, paragraph (d) of of FECA compensation at any time.’’ We Law 105–178, 112 Stat. 107, 495 (1998), proposed § 5.751 is new. believe the heading ‘‘right of reelection’’ Proposed § 5.751(a)(1) is based on extended the provision allowing the is too broad, and may imply that any current § 3.708(b)(1), and states the deduction of Federal income tax election involving FECA compensation requirement that an individual must withholding back to December 5, 1991, is subject to reelection. As noted above, make an election between FECA the date that section 1174a was added this is not the case. We believe the new, compensation and VA disability to title 10, United States Code. Public more specific heading, is more accurate compensation or dependency and Law 102–190, section 661(a)(1), 105 and more helpful to the reader. No indemnity compensation (DIC) if both Stat. 1290, 1394 (1991). Thus, the substantive change is intended. The FECA compensation and VA benefits deduction of Federal income tax basis for allowing a one-time election of are awarded based on the same withheld from the amount VA must DIC is the statutory provision under 38 disability or death. recoup applies to all 10 U.S.C. 1174a U.S.C. 1316, which prohibits any return Proposed § 5.751(a)(2) is based on special separation benefits. Proposed to FECA compensation once DIC has current §§ 3.708(b)(1) and 3.958. It states § 5.747(d)(2) reflects this change. been granted. that an individual may receive FECA Paragraph (a)(3) of proposed § 5.750 compensation and VA benefits at the provides that if a veteran makes an same time if there was an award prior election of FECA compensation instead to September 13, 1960, approving such
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56143
receipt. In such cases, an election 5.752 Procedures for Elections Paragraph (a) of proposed § 5.756 is between FECA compensation and VA Between VA Benefits and Compensation based on the first sentence of current benefits is not required. Under the Federal Employees’ § 3.700. We note that this sentence Proposed § 5.751(b) is based on Compensation Act refers to veterans, because it states that current § 3.708(b)(2) and states that This is a new regulation which sets not more than one award will be paid there is no prohibition against out the special election procedures that to any person ‘‘based on his or her own concurrent payment of FECA apply to elections between VA benefits service.’’ Although the first sentence of compensation and VA compensation if and compensation under the Federal current § 3.700 refers to entitlement to each benefit is based on Employees’ Compensation Act (FECA). ‘‘compensation,’’ we have specified in a different disability or death. An Unlike other elections involving VA proposed § 5.756 that this is ‘‘disability election between FECA compensation benefits, an election between VA compensation.’’ and VA benefits is not required in such benefits and FECA compensation is Paragraph (b) of proposed § 5.756 is cases. made with the U.S. Department of based on the second sentence of current Proposed § 5.751(c) is based on Labor’s Office of Workers’ § 3.700. Although § 3.700 refers to current § 3.708(b)(1) and states that a Compensation Programs (OWCP), not ‘‘dependents,’’ proposed § 5.756(b) Federal civilian employee’s election with VA. The procedures described in refers to ‘‘survivors,’’ which is the term between FECA compensation and VA proposed § 5.752 are based on long- used throughout Part 5 to refer to benefits for the same disability is standing VA practice; no substantive persons who may receive benefits based irrevocable, with the exception of the change to these procedures is intended. on the death of a veteran. Dependents of situation addressed in paragraph (d) of a VA beneficiary are not entitled to proposed § 5.751. 5.753 Payment of VA Benefits and compensation, pension, or DIC in their Paragraph (d) of proposed § 5.751, Civil Service Retirement Benefits for the own right, and the prohibition on which is similar to paragraph (a)(3) of Same Period payment of multiple benefits therefore proposed § 5.750, provides for the Proposed § 5.753 is a restatement of is not applicable to dependents. We situation where a veteran has elected current § 3.710 without substantive note that dependents may receive FECA compensation, but later there is change. apportionments of amounts otherwise an increase in the disability which payable to VA beneficiaries. In such 5.754 Effect of Payment of would warrant an increase in VA cases, however, the prohibition on Compensation Under the Radiation compensation. The veteran may elect multiple benefits and the rights of Exposure Compensation Act of 1990 on between FECA compensation and VA election apply to the beneficiary, rather Payment of Certain VA Benefits compensation as to that additional than the apportionee, except where a disability. The basis for this policy is Proposed § 5.754 is based on current statute or regulation expressly provides that the increase in payment is § 3.715, which was recently amended, otherwise (see proposed § 5.757(e)(3)). considered a new award that is subject pertaining to the concurrent receipt of Additionally, although the second to an initial election. Radiation Exposure Compensation Act sentence of current § 3.700 refers to Paragraph (e)(2) of proposed § 5.751 is of 1990 (RECA) compensation and VA ‘‘compensation,’’ we have specified that based on current § 3.708(b)(1) and states benefits. In addition, we have added this is ‘‘death compensation.’’ This is that a child who is eligible for DIC or paragraph (d), which is based on current not a substantive change, because the other VA benefits independent of a § 3.500(x), regarding the effective date of current rule has no application to surviving spouse may receive those discontinuance or reduction of VA awards of disability compensation, a benefits concurrently with the payment benefits due to receipt of RECA benefit awarded only to living veterans. of FECA compensation to the surviving compensation. In keeping with the The reader should see the discussion in spouse. We have added paragraph (e)(1) practice used throughout proposed part the preamble regarding proposed § 5.757 to address a situation where the 5, we have reframed this discontinuance for a further explanation of the effort to surviving spouse’s election controls the effective date rule in terms of the first be more specific when referring to rights of a child. This is the same day that benefits are not paid rather compensation. provision as found in current than in terms of the last day benefits are Although the introduction to § 3.700 § 3.708(a)(3) and proposed § 5.750(b)(1), paid. In addition, we have changed the includes references to other benefits, which apply to elections involving cite to current § 3.309(d), which appears including emergency officers’, regular or FECA compensation based on disability in current § 3.715, to § 5.268, ‘‘Service reserve retirement pay, and naval or death due to military service. The connection for diseases presumed to be pension, these references have not been provision equally applies to elections due to exposure to ionizing radiation,’’ repeated in proposed § 5.756, for the involving FECA compensation based on which was published as proposed on following reasons. Regarding emergency a disability or death due to civilian July 27, 2004. See 69 FR 44614. officers’ retirement pay, we note that employment, so we have included it in Rules Concerning the Receipt of there are no longer any veterans proposed § 5.751(e)(1). Multiple VA Benefits receiving this benefit. Therefore, there We have added an authority citation are no regulations pertaining to this at the end of proposed § 5.751, which 5.756 Prohibition Against Concurrent benefit that will be included in includes section 8116(b) of title 5, Receipt of Certain VA Benefits Based on proposed part 5. Regarding military United States Code, which is the statute the Sservice of the Same Veteran retirement pay, we plan to specifically governing elections between VA Proposed § 5.756 is based on portions address the concurrent receipt of benefits and FECA compensation, and of the introduction to § 3.700 that relate military retirement pay and VA benefits section 501(a) of title 38, United States to disability and death compensation, in another regulation, § 5.745. Regarding Code, which is the statute authorizing dependency and indemnity naval pension, we note that the the Secretary of VA to prescribe compensation (DIC), and pension concurrent receipt of naval pension and regulations which are necessary or benefits. The text has been simplified VA benefits will be addressed in subpart appropriate to carry out the laws and restructured for clarity. No H of proposed part 5 in a separate administered by VA. substantive changes are intended. NPRM.
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56144 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
5.757 Elections Between VA Disability compensation’’), in contrast, proposed § 5.757(e)(2), see 70 FR #####, or Death Compensation and Pension incorporates terms of former 38 CFR #####. Paragraphs (a) and (b) of proposed 4.424, et seq. (1958), which Paragraph (e)(3) of proposed § 5.757 § 5.757(a) are based on portions of the implemented the DIC program. See contains another exception to the first two sentences of current § 3.701(a). Transmittal Sheet 200 (May 29, 1959). general rule stated in paragraph (e)(1). It is based on the fifth sentence of current The first sentence of current § 3.701(a) Also noted in the Opinion, § 3.701(a) § 3.701(a)(1), which states that the states that, except as otherwise permits reelection of the other benefit at election of Improved Pension by a provided, a person entitled to receive any time, while § 3.702(d) states that an surviving spouse shall not prejudice the pension or compensation under more election to receive DIC is final and the rights of any child receiving an than one law or section of a law claimant may not thereafter reelect apportionment on December 31, 1978. It administered by VA may elect to receive death pension or compensation. In addition to clarification of the term has been slightly reworded for the sake either benefit, regardless of whether it is ‘‘compensation,’’ we have also clarified of clarity, and we have added the terms the greater or lesser benefit, even though the term ‘‘pension,’’ which can refer to Old-Law pension and Section 306 the election reduces the benefits payable Improved Pension, Old-Law Pension, Pension to describe the apportionment. to his or her dependents. The second Section 306 Pension, or Improved Death No substantive change is intended. sentence of current § 3.701(a) states that Pension, depending on the context. In We note that we have not included such person may at any time elect or paragraphs (a) and (b) of proposed the last two sentences of current reelect the other benefit. These two § 5.757, we specifically state that the § 3.701(a) in proposed § 5.757 because sentences of current § 3.701(a) have option to freely elect or reelect between they are redundant of current § 3.960(d). been slightly reworded and reorganized disability and death compensation and They state that termination of the into paragraph (a) of proposed § 5.757, pension applies to elections and marriage of a surviving spouse who lost pertaining to elections between reelections involving Improved Pension eligibility for Section 306 or Old-Law disability compensation and pension, or Improved Death Pension. We have set Pension because of that marriage does and paragraph (b) of proposed § 5.757, out the election rules pertaining to Old- not restore eligibility for that pension. pertaining to elections between death Law Pension and Section 306 Pension Regulations pertaining to the Section compensation and pension. We have not in a separate paragraph, which is 306 Pension and Old-Law Pension included the provisions regarding the paragraph (c) of proposed § 5.757. programs are addressed in a separate effect of an election on dependents and Paragraph (d) of proposed § 5.757 NPRM. This includes a proposed survivors in these new paragraphs, pertains to the effect of a veteran’s regulation addressing the provisions of however. Instead, we have included election on the rights of dependents. It current § 3.960(d). See proposed § 5.470, them in paragraphs (d) and (e)(1) of is based on the third sentence of current ‘‘Reasons for Discontinuing or Reducing proposed § 5.757. These paragraphs, as § 3.701(a), which states that an election Section 306 or Old-Law Pension,’’ 69 FR discussed below, deal exclusively with by a veteran controls the rights of all 77578, 77589. the effect of an election on a dependent dependents in that case. We have also Paragraph (f) of proposed § 5.757 is a or survivor. included the provision from the first restatement of current § 3.701(c). In There are several matters that we seek sentence of current § 3.701(a), which general, it states that when a person to clarify in proposed § 5.757. First, we states that an election may result in a who is receiving VA pension or note that some current part 3 regulations reduction of the benefits payable to a compensation is entitled to a higher rate are not specific about what is included dependent. under another law (that is, another VA when the term ‘‘compensation’’ is used. Paragraph (e)(1) of proposed § 5.757 compensation or pension program), VA This could lead to misinterpretation. pertains to the effect of a surviving will not pay that person under the other Therefore, we are attempting to be more spouse’s election on the rights of a law unless that person makes an specific in part 5. When current § 3.701 child. It is based on the fourth sentence election. refers to ‘‘compensation,’’ it is referring of current § 3.701(a), which states that to disability or death compensation and an election by a surviving spouse 5.758 Electing Improved Pension not dependency and indemnity controls the claims of all children Instead of Old-Law Pension or Section compensation (DIC). In that regard, we including children over 18 and children 306 Pension adopt the analysis included in not in the custody of the surviving A version of proposed § 5.758 was paragraph 8 of VA General Counsel spouse. We have also included a previously published as part of another Opinion VAOPGCPREC 4–92, which provision stating that the election may part 5 NPRM, ‘‘Elections of Improved states that it is clear not only from the result in a reduction of the benefits Pension; Old-Law Pension and Section context of section 3.701, but from its payable to a child. This is based on the 306 Pension,’’ which was published on history that the term ‘‘compensation’’ provision from the first sentence of December 27, 2004, at 69 FR 77578. The used in that section refers only to current § 3.701(a), which states that a regulation was proposed § 5.461, disability and death compensation, not person’s election may result in a ‘‘Electing Improved Pension Instead of DIC. The Opinion goes on to state that reduction of the benefits payable to a Old-Law or Section 306 Pension.’’ We other provisions dealing with dependent. now propose to remove that regulation concurrent payments and elections use Paragraph (e)(2) of proposed § 5.757 (§ 5.461) and place it in this NPRM as the term DIC when reference to that contains an exception to the general rule proposed § 5.758 instead. This will help benefit is intended. See 38 CFR 3.700 stated in paragraph (e)(1). This achieve consolidation of benefit election and 3.703 through 3.709. exception is not contained in current rules in this NPRM. Further, the Opinion states that § 3.701. It is based on 38 U.S.C. 1542, Proposed § 5.758(a), (b), and (c) are § 3.701 was primarily derived from which states that children who are not the same as previously proposed former 38 CFR 4.52 (1956), which in the custody of a surviving spouse § 5.461(a), (c), and (d), respectively, predated establishment of the DIC have independent eligibility for with minor editorial changes. Readers program. See Transmittal Sheet 200 Improved Death Pension. For the text of should refer to the remarks at 69 FR (May 29, 1959). Section 3.702 proposed § 5.417 (corresponding to 77578, 77580–81 for comments (‘‘Dependency and indemnity current § 3.57(d)), referenced in concerning those paragraphs.
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56145
Previously proposed § 5.461(a) states Paragraph (b) of proposed § 5.759 is 5.761 Concurrent Receipt of Disability the basic rule that, subject to certain based on current § 3.702(c), which states Compensation, Pension, or Death exceptions, ‘‘a pension beneficiary who that a claim for DIC may not be filed or Benefits by a Surviving Spouse Based was entitled to receive Old-Law Pension withdrawn after the death of the on the Service of More Than One or Section 306 Pension on December 31, surviving spouse, child, or parent. Veteran 1978, may instead elect (choose) to We propose not to carry forward Paragraphs (a), (b), and (c)(1) of receive Improved Pension.’’ It is restated paragraphs (b), (e), and (f) of current proposed § 5.761, concerning the in proposed § 5.758(a), and is based on payment of multiple VA benefits to a current § 3.711. § 3.702 because they are obsolete. Current paragraph (b) pertains only to surviving spouse, are based on the first Previously proposed § 5.461(c) states surviving spouses receiving death sentence of current § 3.700(b)(1), which that if a veteran’s spouse is also a provides that a surviving spouse’s veteran eligible to elect Improved compensation, the amount of which is based in part on the existence of a child receipt of death pension, death Pension, neither veteran may receive compensation, or dependency and Improved Pension unless both elect to who has attained the age of 18 years. Such a situation is highly unlikely, indemnity compensation (DIC) as the receive it. It is restated in proposed survivor of one veteran, or receipt of since death compensation is only § 5.758(b), and is based on current pension or disability compensation in awarded for deaths occurring before § 3.711. his or her own right as a veteran, does January 1, 1957. It is highly unlikely Previously proposed § 5.461(d) states not bar the payment of death pension, that if a beneficiary does not elect that a surviving spouse of a veteran who death compensation, DIC, or an Improved Pension, VA will continue to died before January 1, 1957, would have apportionment of compensation or pay that beneficiary Old-Law Pension or a dependent child. pension to that surviving spouse Section 306 Pension at the monthly rate Paragraph (e) of current § 3.702 because of the death or disability of a in effect on December 31, 1978, unless provides for a surviving spouse to elect different veteran. that rate must be reduced or death compensation if he or she Current § 3.700(b)(1) includes a discontinued under proposed § 5.470 or becomes eligible, even though DIC has reference to current § 3.700(a)(4). The another regulation in this part. It is been paid to a child or children of the proposed part 5 equivalent of restated in proposed § 5.758(c), and is veteran. This provision is no longer § 3.700(a)(4) is § 5.464, ‘‘Multiple based on current § 3.960(a). For the text necessary, as it is highly unlikely that a pension awards not payable.’’ Therefore of § 5.470, cited in proposed § 5.758(c), surviving spouse would choose to we reference § 5.464 instead of see 69 FR 77578, 77589. receive death compensation instead of § 3.700(a)(4) in proposed § 5.761. For Previously proposed § 5.461(b) the text of proposed § 5.464, see 69 FR contains rules concerning the finality of DIC, because the rate of DIC is higher than the rate of death compensation. 77578, 77589. elections. These provisions are now Proposed § 5.761(c)(2) is based on the contained in proposed § 5.742. Paragraph (f) of current § 3.702 is also second, third, and fourth sentences of The last provision of proposed obsolete. It attempted to ensure that, § 3.700(b)(1). These sentences describe § 5.758, paragraph (d), is based on the under a complex and staggered rate- the election the surviving spouse is fifth sentence of current § 3.701(a). We setting system for DIC benefits, the entitled to make for death benefits based note that this provision also appears in lowest possible DIC payment (for a on the death of more than one veteran proposed § 5.757(e)(3). We believe it is service-connected death) was equal to or to whom the surviving spouse was helpful to the reader to place the greater than the lowest possible married. The current regulation states provision in both places (§ 5.757(e)(3) payment made for a nonservice- that when a surviving spouse elects and § 5.758(d)), as the subject matter is connected death. However, in 1992, death benefits based on the death of one appropriate for both regulations. Congress reformed the DIC program by veteran, then the death benefits to 5.759 Election Between Death passing Public Law 102–568. Effective which the surviving spouse is entitled Compensation and Dependency and January 1, 1993, even the lowest based on the death of another veteran Indemnity Compensation possible DIC rate always exceeds the are put in ‘‘suspense.’’ Rather than highest possible death pension rate. referring to this ‘‘suspension of Proposed § 5.759 is a plain language benefits’’ in the proposed regulation, we restatement of paragraphs (a), (c), and 5.760 Electing Improved Death propose merely to state that a surviving (d)(1) of current § 3.702. It applies to Pension Instead of Dependency and spouse may ‘‘elect’’ or ‘‘reelect’’ such elections between DIC and death Indemnity Compensation benefits. The terms ‘‘elect’’ and compensation. ‘‘reelect’’ are more consistent with other Paragraph (a) of proposed § 5.759 is Proposed § 5.760 is based on current regulations in this NPRM and are clearer based on current § 3.702(a). It states that § 3.702(d)(2), which states that a to readers. No substantive change is a person entitled to receive both death surviving spouse who is receiving DIC intended. compensation and DIC must choose one may elect to receive Improved Death or the other benefit. It also states that a Pension instead. This is a simple 5.762 Payment of Multiple VA claim for service-connected death restatement of the current provision, Benefits to a Surviving Child Based on benefits will be considered a claim for with no substantive change. However, the Service of More Than One Veteran DIC, subject to confirmation from the we have not included the reference to Paragraphs (a) and (b) of proposed applicant. This is a plain language November 2, 1994 because, under § 5.762 are based on current restatement of § 3.702(a). No substantive 1317(b), as enacted by Public Law 103– § 3.700(b)(2), pertaining to concurrent change is intended. Paragraph (a) also 446, the right of election applies to receipt of VA benefits by a child. restates the rule contained in current anyone who is now or will become Paragraph (c) of proposed § 5.762 is § 3.702(d)(1) that an election to receive entitled to DIC, irrespective of when the primarily based on current §§ 3.659 and DIC instead of death compensation is award originally became effective. 3.703, both of which are entitled, ‘‘Two final once the beneficiary receives parents in same parental line.’’ It is also payment for DIC. based on long-standing VA practice.
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56146 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
With few exceptions, VA is prohibited indemnity compensation for the same Proposed § 5.764(a)(2) is based on from paying a benefit to a child, based period.’’ current § 3.703(c) and states that when on the service of one parent, while Paragraph (c)(6)(ii) of proposed an election is made by a child with paying a benefit to the same child, based § 5.762 is based on current § 3.659(b), more than one parent in the same on the service of a different parent in which describes the effective date of an parental line, VA will determine the the same parental line. ‘‘Same parental award based on the child’s election, and entitlement and the rate of benefits line’’ is not defined in current VA current § 3.503(a)(7), which states the payable to other beneficiaries in the regulations. It means that a child has effective date of discontinuance of same case as if the child electing DEA more than one veteran father or more pension, compensation, or DIC in two- did not exist. This is a plain language than one veteran mother for VA parent cases. These provisions are restatement of current § 3.703(c). purposes. For example, if a child’s rewritten in plain English; no Proposed § 5.764(a)(3) states the biological father, who is a veteran, dies, substantive change is intended. applicable effective dates when a child elects DEA. It is a plain language and another male veteran subsequently 5.763 Payment of Multiple VA restatement of current §§ 3.503(a)(8) and adopts the child, VA considers the child Benefits to More Than One Child Based 3.659(b). to have two fathers in the same parental on the Service of the Same Veteran line. We have added a definition of Proposed § 5.764(b) is based on ‘‘same parental line’’ in paragraph (c)(1) Proposed § 5.763 is a plain language current § 3.707(a) and current of proposed § 5.762. rewrite of current § 3.704(a). We have § 21.3023(b). It states that a child who limited the application of § 5.763 to The prohibition against a child’s is under the age of 18 or helpless may Improved Pension, dependency and concurrent receipt of death benefits for receive VA pension or DIC at the same indemnity compensation (DIC), and more than one parent in the same time as DEA. Survivors’ and Dependents’ Educational parental line applies only to DIC or Proposed § 5.764(c) is based on Assistance (DEA). We have not included death compensation (but not death current § 3.707(b) and current a reference to death compensation, as it pension) between January 1, 1957, and § 20.3023(d). It states that a surviving is highly unlikely that there will be any June 8, 1960. In other words, a child spouse may receive VA pension or DIC children receiving death compensation. could receive death pension for one at the same time as DEA. We have not included references to Old- Proposed § 5.764(d) is based on parent at the same time as DIC or death Law Pension or Section 306 Pension, as § 3.707(a) and directs the reader to the compensation for another parent in the it has been indicated in other provisions of current § 20.3023 for same parental line if both parents died regulations that VA cannot pay specific criteria regarding elections of before June 9, 1960. From June 9, 1960, increased rates for Old-Law or Section DEA. and thereafter, the prohibition against 306 Pension. concurrent receipt includes all three We note that current § 3.704(b) is Non-Inclusion of Other Part 3 death benefits. The effective dates of addressed in a separate NPRM, subpart Provisions these prohibitions are included in the G, which is titled, ‘‘Dependency and As discussed earlier in this NPRM, introductory paragraph of current Indemnity Compensation Benefits.’’ The there are certain regulations or portions § 3.659 and paragraph (a) of current rule was published as proposed of regulations that we propose not to § 3.703. We have restated the effective § 5.536(h) in that NPRM on October 21, carry forward to part 5. dates of these prohibitions in plain 2005. See 70 FR 61326. We propose that paragraphs (j)(2) language in paragraph (c)(3) of proposed through (j)(6) of current § 3.400 not be § 5.762. 5.764 Payment of Survivors’ and repeated in new part 5. These are Paragraph (c)(4) of proposed § 5.762 is Dependents’ Educational Assistance and effective-date provisions for the election based on the last sentence of current VA Death Pension or Dependency and of pension payable under Public Law § 3.703(b), which states that a child has Indemnity Compensation for the Same 86–211 (‘‘Section 306 Pension’’). New the right to elect or reelect one or more Period entitlement under this program is no times to receive benefits based on the Proposed § 5.764 is a plain language longer possible. A separate NPRM death of either parent in the same restatement of current paragraphs (a) pertains to continuing awards of Section parental line. It is rewritten in plain and (b) of § 3.707, as well as 306 Pension. See 69 FR 77578. English; no substantive change is §§ 3.503(a)(8), 3.659(b), and 3.703(c) We propose not to include the intended. concerning Survivors’ and Dependents’ provisions of current § 3.751 in part 5 Paragraph (c)(5) of proposed § 5.762 is Educational Assistance (DEA). We have because it is redundant of the provisions based on current § 3.659(a), which removed the references to of current § 3.750, which are included describes the offset VA applies when a ‘‘compensation,’’ which are referring to in § 5.740 and § 5.745. Furthermore, child makes a reelection. death compensation, because it is highly current § 3.751 provides that military Paragraph (c)(6)(i) of proposed § 5.762 unlikely that a current recipient of DEA retirees are not entitled to ‘‘statutory is based on current § 3.703(c). It would be eligible for death awards’’ of disability compensation in addresses the effect of a child’s election compensation, since death addition to military retired pay. on other beneficiaries. It has been compensation may only be awarded for ‘‘Statutory award’’ is a term that in VA rewritten for improved clarity. No deaths occurring before January 1, 1957. vernacular means an award of special substantive changes are intended. The Proposed § 5.764 is also based on monthly compensation (SMC) under reference to ‘‘dependents’ educational § 21.3023, which contains the specific paragraphs (k) through (s) of 38 U.S.C. assistance’’ (DEA) in current § 3.703(c) substantive criteria for elections of DEA. 1114. We believe that proposed part 5 has not been repeated because proposed Proposed § 5.764(a)(1) states that a would make it sufficiently clear that § 5.762 involves death benefits only, child over the age of 18 must elect disability compensation includes SMC. and the effects of a child’s election of between VA pension or DIC and DEA, In addition, some readers could be DEA are included in proposed § 5.764, because VA cannot pay DEA to such a confused by the term ‘‘statutory award’’ ‘‘Payment of Survivors’ and child at the same time it pays the child in this context, particularly the second Dependents’ Educational Assistance and pension or DIC. It is based on current reference to it in § 3.751. Because all VA VA pension or dependency and § 3.707(a) and current § 21.3023(a). benefits are provided according to
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56147
statute, some readers might erroneously the economy, productivity, competition, Approved: June 22, 2007. believe that a veteran must waive jobs, the environment, public health or Gordon H. Mansfield, military retired pay in order to receive safety, or State, local, or tribal Deputy Secretary of Veterans Affairs. a clothing allowance or Medal of Honor governments or communities; (2) create For the reasons set forth in the Pension, for example, when this is not a serious inconsistency or otherwise preamble, VA proposes to amend 38 the case. interfere with an action taken or CFR Part 5, as proposed to be added at We propose that § 3.754 concerning planned by another agency; (3) 69 FR 4832, January 30, 2004, and as emergency officers’ retirement pay materially alter the budgetary impact of amended, by adding subpart L as (EOR) not be included in proposed part entitlements, grants, user fees, or loan follows: 5 because there are no longer any programs or the rights and obligations of veterans affected by this rule and this recipients thereof; or (4) raise novel PART 5—COMPENSATION, PENSION, rule is obsolete. legal or policy issues arising out of legal BURIAL, AND RELATED BENEFITS Endnote Regarding Amendatory mandates, the President’s priorities, or Subpart L—Payments and Adjustment to Language the principles set forth in the Executive Payments We intend to ultimately remove part Order. Payments to Beneficiaries Who Are Eligible 3 entirely, but we are not including The economic, interagency, for More Than One Benefit—General amendatory language to accomplish that budgetary, legal, and policy Provisions at this time. VA will provide public implications of this proposed rule have Sec. notice before removing part 3. been examined and it has been 5.740 Definitions relating to elections. determined to be a significant regulatory 5.741 Persons who may make an election. Paperwork Reduction Act 5.742 Finality of elections; cancellation of action under the Executive Order This document contains provisions certain elections. constituting a collection of information, because it is likely to result in a rule that 5.743 General effective dates for awarding, at 38 CFR 5.764 under the provisions of may raise novel legal or policy issues reducing, or discontinuing VA benefits arising out of legal mandates, the because of an election. the Paperwork Reduction Act (44 U.S.C. 5.744 [Reserved] 3501–3521). No new or proposed President’s priorities, or the principles revised collections of information are set forth in the Executive Order. Payments From Service Departments and the Effects of Those Payments on VA Benefits for associated with this proposed rule. The Unfunded Mandates information collection requirements for Veterans § 5.764 are currently approved by the The Unfunded Mandates Reform Act 5.745 Entitlement to concurrent receipt of Office of Management and Budget of 1995 requires, at 2 U.S.C. 1532, that military retired pay and VA disability compensation. (OMB) and have been assigned OMB agencies prepare an assessment of 5.746 Prohibition against receipt of active control number 2900–0098. anticipated costs and benefits before military service pay and VA benefits for Regulatory Flexibility Act issuing any rule that may result in an the same period. expenditure by State, local, and tribal 5.747 Effect of military readjustment pay, The Secretary hereby certifies that governments, in the aggregate, or by the disability severance pay, and separation this proposed regulatory amendment pay on VA benefits. private sector, of $100 million or more will not have a significant economic 5.748 Concurrent receipt of VA disability (adjusted annually for inflation) in any impact on a substantial number of small compensation and retirement pay by entities as they are defined in the 1 year. This proposed rule would have certain officers of the Public Health no such effect on State, local, and tribal Service. Regulatory Flexibility Act, 5 U.S.C. 601– 5.749 [Reserved] 612. This proposed amendment would governments, or on the private sector. not affect any small entities. Therefore, Payments From Federal Agencies and the Catalog of Federal Domestic Assistance Effects of Those Payments on VA Benefits for pursuant to 5 U.S.C. 605(b), this Numbers and Titles proposed amendment is exempt from Veterans and Survivors the initial and final regulatory flexibility The Catalog of Federal Domestic 5.750 Election between VA benefits and analysis requirements of sections 603 Assistance program numbers and titles compensation under the Federal Employees’ Compensation Act for death and 604. for this proposal are 64.102, or disability due to military service. Executive Order 12866 Compensation for Service-Connected 5.751 Election between VA benefits and Deaths for Veterans’ Dependents; compensation under the Federal Executive Order 12866 directs 64.104, Pension for Non-Service- Employees’ Compensation Act for death agencies to assess all costs and benefits Connected Disability for Veterans; or disability due to Federal civilian of available regulatory alternatives and, 64.105, Pension to Veterans Surviving employment. when regulation is necessary, to select 5.752 Procedures for elections between VA Spouses, and Children; 64.109, Veterans benefits and compensation under the regulatory approaches that maximize Compensation for Service-Connected net benefits (including potential Federal Employees’ Compensation Act. Disability; 64.110, Veterans Dependency 5.753 Payment of VA benefits and civil economic, environmental, public health and Indemnity Compensation for service retirement benefits for the same and safety, and other advantages; Service-Connected Death; and 64.127, period. distributive impacts; and equity). The Monthly Allowance for Children of 5.754 Effect of payment of compensation Executive Order classifies a ‘‘significant under the Radiation Exposure regulatory action,’’ requiring review by Vietnam Veterans Born with Spina Compensation Act of 1990 on payment the Office of Management and Budget Bifida. of certain VA benefits. (OMB) unless OMB waives such review, List of Subjects in 38 CFR Part 5 5.755 [Reserved] as any regulatory action that is likely to Rules Concerning the Receipt of Multiple VA result in a rule that may: (1) Have an Administrative practice and Benefits annual effect on the economy of $100 procedure, Claims, Disability benefits, 5.756 Prohibition against concurrent receipt million or more or adversely affect in a Pensions, Radioactive materials, of certain VA benefits based on the material way the economy, a sector of Veterans. service of the same veteran.
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56148 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
5.757 Elections between VA disability or (1) The spouse of a claimant or beneficiary receives payment of the death compensation and pension. beneficiary if the claimant or beneficiary elected benefit by direct deposit or 5.758 Electing Improved Pension instead of has been declared to be an incompetent electronic funds transfer, the election is Old-Law Pension or Section 306 veteran under § 13.57 of this chapter. final when the applicable financial Pension. 5.759 Election between death compensation (2) The legal custodian of a claimant institution receives the second payment and dependency and indemnity or beneficiary if the claimant or of the elected benefit. compensation. beneficiary is a minor under § 13.58 of (c) Finality of an election when a 5.760 Electing Improved Death Pension this chapter. beneficiary dies after filing an election. instead of dependency and indemnity (3) A fiduciary that VA designates, When a beneficiary dies after filing an compensation. under § 13.55 of this chapter. election, but before the beneficiary had 5.761 Concurrent receipt of disability (4) A court-appointed fiduciary, under negotiated the check or before the compensation, pension, or death benefits § 13.59 of this chapter. applicable financial institution had by a surviving spouse based on the (5) The chief officer of the institution received the second payment for the service of more than one veteran. in which the veteran is receiving care elected benefit, the election is final even 5.762 Payment of multiple VA benefits to a and treatment, and whom VA has surviving child based on the service of though it would not be considered final more than one veteran. designated as a payee, under under paragraph (a) or (b) of this 5.763 Payment of multiple VA benefits to §§ 13.55(b)(6) and 13.61 of this chapter. section. more than one child based on the service (b) Elections from a Member of (d) Cancellation of an election made of the same veteran. Congress or duly authorized by an incompetent person. If VA finds 5.764 Payment of Survivors’ and representative. This paragraph (b) that a beneficiary was mentally Dependents’ Educational Assistance and applies if VA receives a communication incompetent when he or she elected a VA death pension or dependency and from a Member of Congress or from a benefit, the beneficiary, or another indemnity compensation for the same claimant or beneficiary’s duly person listed in § 5.741(a) who is acting period. authorized representative indicating 5.765–5.769 [Reserved] on behalf of the beneficiary, may cancel that a claimant or beneficiary wishes to that election. Authority: 38 U.S.C. 501(a) and as noted in elect a VA benefit. (If the (e) Cancellation of elections that were specific sections. communication is from a service based on erroneous VA information. A Subpart L—Payments and organization, attorney, or agent, there beneficiary who elected a benefit based Adjustments to Payments must be a power of attorney in effect at on erroneous information that was the time the communication was provided by VA may cancel the Payments to Beneficiaries Who Are written.) If VA receives such a election. For this right to cancellation to Eligible for More Than One Benefit— communication, VA will provide notice apply, VA must make a determination General Provisions to the claimant or beneficiary that a that it previously provided erroneous person listed in paragraph (a) of this information. This determination must § 5.740 Definitions relating to elections. section must sign such an election. If a be based on the same evidence that VA (a) Election means any writing, signed properly signed election is then timely used when it previously provided the by a person authorized by § 5.741, filed under § 5.740(d), VA will consider erroneous information. ‘‘Persons who may make an election,’’ the properly signed election to have (Authority: 38 U.S.C. 501(a)) expressing a choice between two or been filed on the date it received the more VA benefits to which the person communication from the Member of § 5.743 General effective dates for is entitled, or between VA and other Congress or the duly authorized awarding, reducing, or discontinuing VA Federal benefits to which the person is representative. benefits because of an election. entitled. (Authority: 38 U.S.C. 501(a), 5103(b)(1)) (a) General effective date for award; (b) Initial election means the first offset—(1) Effective date of award. election a person, authorized by § 5.741, § 5.742 Finality of elections; cancellation Unless otherwise provided in this part, makes between two or more benefits. of certain elections. when a claim is pending and an election (c) Reelection means an election a This section explains when an is timely filed under § 5.740(d), the person, authorized by § 5.741, makes election or reelection becomes final. A effective date for an award of an elected between benefits that were the subject of final election or reelection ordinarily benefit shall be the same as the effective an initial election. may be changed only by cancellation date VA would assign for the awarded (d) Timely filed with respect to under paragraph (d) or (e) of this section benefit if no election were required. elections means that a person, or by reelection, if authorized. Other Unless otherwise provided in this part, authorized by § 5.741, files an election provisions of this part specify when when a beneficiary elects a different between two or more benefits within 1 reelection is authorized and when a benefit, the effective date for an award year of VA’s notice that such an election final election or reelection is of the elected VA benefit is the date VA is required. irrevocable. receives the election. (Authority: 38 U.S.C. 501(a), 5103(b)) (a) Finality of an election when (2) Offset. Payments of the elected Cross reference: § 5.572 ‘‘Effective benefits are received by check. Except as benefit are subject to an offset. The dates for reduction or discontinuance otherwise provided in this section, if the payments will be offset by any based on increased income-parents’ beneficiary receives payment of the payments the beneficiary received for DIC.’’ elected benefit by check, the election is another benefit for the same period. final when the beneficiary (or a person This offset will occur only if the two § 5.741 Persons who may make an authorized to act on the beneficiary’s benefits cannot be received election. behalf under § 5.741) negotiates the first concurrently. (a) General. VA will accept an check for the elected benefit. (b) Effective date of reduction or election signed by a claimant or (b) Finality of an election when discontinuance. Unless otherwise beneficiary, or if applicable, by any one benefits are received by direct deposit or provided in this part, when VA must of the following persons acting on electronic funds transfer. Except as reduce or discontinue payments because behalf of a claimant or beneficiary: otherwise provided in this section, if the a beneficiary elected a different VA
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56149
benefit, or a non-VA benefit, the with less than 20 years of creditable (2) An election filed within 1 year effective date of the reduction or service are not eligible for concurrent from the date of notification of VA discontinuance is the same date as the receipt. entitlement will be considered as effective date of the award of the (4) Improved Pension. A veteran may ‘‘timely filed’’ for effective date different VA benefit or the non-VA receive Improved Pension and military purposes. If the veteran is incompetent, benefit. retired pay at the same time without the 1-year period will begin on the date (Authority: 38 U.S.C. 5110, 5112, 5304, 5305) having to waive military retired pay. that notification is sent to the next However, in determining entitlement to friend or fiduciary. In initial § 5.744 [Reserved] Improved Pension, VA will treat determinations, elections may be Payments From Service Departments military retired pay in the same manner applied retroactively if the claimant was and the Effects of Those Payments on as countable income from other sources. not advised of his or her right of VA Benefits for Veterans (c) Waiver—(1) When a waiver is election and its effect. necessary. (i) A waiver of military (e) Effective date rules for elections. § 5.745 Entitlement to concurrent receipt retired pay is necessary in order to (1) If an election is timely filed under of military retired pay and VA disability paragraph (d)(2) of this section, the compensation. receive disability compensation when a veteran is eligible for both military effective date of the election will be the (a) Definition of military retired pay. retired pay and disability compensation date of entitlement to the elected For the purposes of this part, military but is not eligible under paragraphs benefit. retired pay is payment received by a (b)(1) or (b)(2) of this section to receive (2) If a waiver is properly filed under veteran that is classified as retired pay both benefits at the same time. paragraph (c), the effective date of the by the Service Department, including waiver will be the day following retainer pay, based on the recipient’s (ii) All veterans who are eligible to receive both military retired pay and discontinuance or reduction of service as a member of the Armed retirement pay. Forces or as a commissioned officer of disability compensation at the same (3) If a reelection is made under the Public Health Service, the Coast and time under paragraphs (b)(1) or (b)(2) of paragraph (d)(1) of this section, the Geodetic Survey, the Environmental this section, except those receiving effective date of the election will be the Science Services Administration, or the compensation for a disability rated 100 date that the reelection is received by National Oceanic and Atmospheric percent, must file a waiver in order to VA. Administration. receive the maximum allowable amount (b) Payment of both military retired of disability compensation during the (Authority: 38 U.S.C. 5304(a), 5305) pay and disability compensation or phase-in period. For veterans receiving § 5.746 Prohibition against receipt of Improved Pension—(1) Compensation. disability compensation based on a VA determination of individual active military service pay and VA benefits Subject to paragraphs (b)(2) and (b)(3) of for the same period. this section, a veteran who is entitled to unemployability, the phase-in period military retired pay and disability ends on December 30, 2009. For all (a) Definition of active military service compensation for a service-connected other veterans, the phase-in period ends pay. For the purposes of this section, disability rated 50 percent or more, or on December 31, 2013. After the phase- active military service pay means pay a combination of service-connected in period, veterans retired under 10 that a veteran receives for active duty, disabilities rated at 50 percent or more, U.S.C. Chapter 61 who are eligible for active duty for training, or inactive duty under the schedule for rating disabilities concurrent receipt must still file a training. Active military service pay (38 CFR part 4, subpart B), or based on waiver under the circumstances does not include pay for time spent by a determination of individual described in paragraph (b)(2)(ii) of this members of the Reserve Officer Training unemployability under 38 CFR 4.16, is section. Corps in drills as part of their activities entitled to receive both payments as members of the corps. (Authority: 10 U.S.C. 1414, 38 U.S.C. 5304, (b) Prohibition against receipt of VA subject to the phase-in period described 5305) in paragraph (c) of this section. benefits at the same time as active (2) Chapter 61 disability retirees (2) How to file a waiver of military military service pay. VA will not pay retiring with 20 or more years of service. retired pay. A veteran may request a disability compensation or pension to a Disability retired pay payable under 10 waiver of military retired pay in any veteran for any period for which the U.S.C. Chapter 61 to a veteran with 20 written, signed statement, including a veteran receives active military service or more years of creditable service may VA form, which reflects a desire to pay. be paid concurrently with disability waive all or some military retired pay. (c) Effective date of discontinuance of compensation to a qualifying veteran The statement must be submitted to VA payments for VA benefits during active subject to the following: or to the Federal agency that pays the duty status. Unless the veteran elects to (i) Any waiver required during the veteran’s military retired pay. VA will receive VA benefits instead of active phase-in period under paragraph treat a claim for VA disability military service pay, VA will (c)(1)(ii) of this section; and compensation filed by a veteran who is discontinue payments effective the day (ii) If the veteran’s disability retired entitled to military retired pay as a the veteran begins active duty service. If pay exceeds the amount of retired pay waiver. VA does not know the exact date of the the veteran would have received had the (d) Elections and the right to reelect veteran’s return to active duty, VA will veteran retired based on length of either benefit. (1) A veteran who has discontinue payments effective the first service, the veteran must waive that filed a waiver of military retired pay day of the month that follows the month excess amount of disability retired pay under this section has elected to receive for which it last paid benefits. If the in order to receive VA disability disability compensation. A veteran may exact date of the veteran’s return to compensation. reelect between benefits covered by this active duty thereafter becomes known, (3) Chapter 61 disability retirees section at any time by submitting a VA will then discontinue payments retiring with less than 20 years of written, signed statement to VA or to the effective as of that date. service. Veterans who receive disability Federal agency that pays the veteran’s (d) Resumption of payments for VA retired pay under 10 U.S.C. Chapter 61 military retired pay. benefits on release from active duty—
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56150 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
(1) Effective date. If otherwise in However, VA must receive a claim for determined under part 4 of this chapter. order, VA will resume payments readjustment within 1 year after the end The ‘‘initial determination of the degree effective the day after the date of release of the fiscal year during which VA of disability’’ must be made without from active duty if VA receives a claim benefits were waived. consideration in whole or in part of a to resume payments within 1 year after (Authority: 10 U.S.C. 12316; 38 U.S.C. 501(a), need for hospitalization or a period of the date of release. Otherwise, the 5304(c)) convalescence. It does not include a effective date is 1 year prior to the date temporary 100 percent rating assigned VA receives the claim to resume § 5.747 Effect of military readjustment pay, under §§ 4.28, 4.29, or 4.30 of this payments. disability severance pay, and separation chapter. (2) Rate—(i) Static service-connected pay on VA benefits. (ii) Rate of recoupment prior to an disabilities. If the evidence of record (a) Lump-sum readjustment pay. This initial determination of the degree of shows that the level of disability had paragraph (a) applies when entitlement disability. When a veteran is receiving a become static at the time of entry into to disability compensation was temporary evaluation assigned under active duty, VA will resume payments established on or after September 15, §§ 4.28, 4.29, or 4.30 of this chapter and for a service-connected disability at the 1981. VA has not yet made an initial same disability level that was in effect (1) Recoupment of lump-sum determination of the degree of immediately prior to entering active readjustment pay. A veteran who has disability, VA will recoup at the rate duty. received a lump-sum readjustment payable, based on that temporary (ii) Non-static service-connected payment may also receive disability evaluation, for the disability or disabilities. Except as provided in compensation for disability incurred in disabilities for which the severance pay paragraph (d)(2)(i) of this section, VA or aggravated by service prior to the date was granted. will resume payments based on the of receipt of the lump-sum readjustment (iii) Rate of recoupment after an degree of disability found to exist when payment. However, the lump-sum initial determination of the degree of the award is resumed. VA will ascertain readjustment payment will be recouped disability. After making an initial the degree of disability by considering from the disability compensation. determination of the degree of all the facts, including facts provided in (2) Disability compensation for disability, VA will recoup VA disability records from the service department disability incurred or aggravated in compensation at the monthly rate relating to the most recent period of subsequent service is not subject to payable for the degree of disability active military service. recoupment. The veteran must receive assigned. VA will not thereafter change (3) Application of § 3.31. Resumptions the full amount of the monthly the rate of recoupment based on under paragraph (d) of this section are compensation including additional reevaluations of the veteran’s disability not subject to § 3.31 of this chapter, amounts for dependents, payable for a that lead to an increased rating. ‘‘Commencement of the period of service-connected disability that was payment,’’ except to the extent that the incurred in or aggravated in a period of (Authority: 10 U.S.C. 1174(h) and 1212(c); 38 U.S.C. 501, 1161) disability evaluation is increased. service that is subsequent to the period (4) Prior service-connection awards. on which the readjustment pay was (c) Separation pay and special In determining whether disability based. separation benefits. This paragraph (c) compensation payments should be applies when entitlement to disability resumed under paragraph (d) of this (Authority: 10 U.S.C. 1174(h)(2); 38 U.S.C. 501(a)) compensation was established on or section, VA will not disturb prior after September 15, 1981. determinations of service connection (b) Disability severance pay—(1) (1) Recoupment of separation pay and except as provided in § 3.105 of this Recoupment of disability severance pay special separation benefits. A veteran chapter. when VA compensation is awarded for who has received separation pay or (5) New claims for service connection. a severance disability. When VA special separation benefits may also If the veteran incurs or aggravates a disability compensation is awarded receive disability compensation for a disability during the subsequent period based on the same disability or disability incurred in or aggravated by of service, VA will not award service disabilities for which the veteran service prior to the date of receipt of connection for the new disability unless received disability severance pay, VA separation pay or special separation it receives a claim for service will recoup from the disability benefits. However, the separation pay or connection for that disability. compensation award the full amount of special separation benefits will be (e) Waiver of VA benefits during the disability severance pay. recouped from the disability active duty for training or inactive duty (2) Rate of recoupment of disability compensation. for training—(1) Waiver of VA benefits. severance pay. Generally, VA will (2) Disability compensation for Veterans who are Reservists and recoup disability severance pay from disability incurred or aggravated in National Guard members may waive VA disability compensation at the rate subsequent service is not subject to their VA pension or compensation for payable for the initial determination of recoupment. The veteran must receive periods of active duty for training or the degree of the disability for which the the full amount of the monthly inactive duty for training (see § 5.23, veteran was awarded disability compensation including additional ‘‘How VA classifies Reserve and severance pay. However, the veteran amounts for dependents, payable for a National Guard duty). Waivers may must receive the full amount of the service-connected disability that was cover anticipated periods of training; monthly compensation including incurred in or aggravated in a period of however, each waiver is effective for not additional amounts for dependents, service that is subsequent to the period more than 1 year. payable for any additional nonseverance on which the separation pay or special (2) Readjustments. VA may authorize pay disabilities. separation benefits were based. retroactive payments of previously (i) Definition of ‘‘initial determination waived VA pension or compensation if of the degree of disability’’. The ‘‘initial (Authority: 10 U.S.C. 1174, 1174a) readjustment is in order because the determination of the degree of (d) Amount recouped—(1) Lump-sum veteran did not receive service pay for disability’’ means the first regular readjustment pay, disability severance a period of training duty as anticipated. schedular compensable rating pay, and separation pay— (i) Payments
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56151
received before October 1, 1996. VA will (FECA) for a disability or death incurred surviving spouse receives FECA recoup from VA disability before January 1, 1957, due to service in compensation. compensation the total amount of lump- the Armed Forces, and who is also (Authority: 5 U.S.C. 8116(b); 38 U.S.C. sum readjustment pay, disability entitled to VA pension, compensation, 501(a), 1316(b), 1317(a)) severance pay, and separation pay a or dependency and indemnity veteran received before October 1, 1996, compensation (DIC) based on the same § 5.751 Election between VA benefits and regardless of the amount of Federal disability or death (including compensation under the Federal income tax withheld from such compensation or DIC payable under 38 Employees’ Compensation Act for death or disability due to Federal civilian payments. U.S.C. 1151, ‘‘Benefits for persons employment. (ii) Payments received after disabled by treatment or vocational (a) When both VA benefits and September 30, 1996. VA will recoup rehabilitation’’) must elect whether to Federal Employees’ Compensation Act from VA disability compensation the receive FECA compensation or the (FECA) compensation are based upon total amount of lump-sum readjustment applicable VA benefit. An election the same disability or death— (1) pay, disability severance pay, and under this paragraph (a)(1) is Election required. Except as otherwise separation pay a veteran received after irrevocable once the election becomes provided in this section, an individual September 30, 1996, less the amount of final under § 5.742, with the exception who is entitled to compensation from Federal income tax withheld from such of the situation addressed in paragraph the U.S. Department of Labor’s Office of payments. (a)(2) of this section. Workers’ Compensation Programs under (2) Special separation benefits. VA (2) Right to reelect DIC in lieu of FECA FECA for a disability or death due to will recoup from VA disability compensation at any time. An Federal civilian employment and who is compensation the total amount of individual who is receiving benefits also entitled to VA compensation or special separation benefits under 10 under FECA based on death in military dependency and indemnity U.S.C. 1174a less the amount of Federal service may elect at any time to receive compensation (DIC) based on the same income tax withheld from such DIC in lieu of FECA compensation. disability or death must elect whether to payments. However, such an election of DIC is receive FECA compensation or the irrevocable once the election becomes (Authority: 10 U.S.C. 1174, 1174a, 1174(h)(2), applicable VA benefit. 1212(c)) final under § 5.742. (2) No election is required for VA (3) Future increases in impairment. If awards approved prior to September 13, § 5.748 Concurrent receipt of VA disability a veteran makes an election of FECA compensation and retirement pay by certain 1960. Any award approved prior to officers of the Public Health Service. compensation instead of VA disability September 13, 1960, authorizing VA compensation for a particular disability, Disability compensation may be paid benefits concurrently with an award of and there is subsequent increased FECA compensation for a disability or concurrently with retirement pay to an impairment based on that disability, the officer of the commissioned corps of the death due to Federal civilian award of increased compensation based employment is not subject to the Public Health Service, who was on the increased impairment will be receiving disability compensation on election requirement in paragraph (a)(1) considered a new benefit and the of this section. December 31, 1956, as follows: veteran may elect to receive FECA (a) An officer who incurred a (b) When VA benefits and FECA compensation or VA compensation as to disability before July 29, 1945, but compensation are each based on a that increased impairment. If the retired unrelated to disability prior to different disability or death. There is no veteran elects VA compensation for the such date. prohibition against concurrent payment increase, VA will pay only the (b) An officer who incurred a of FECA compensation and VA difference between the rate payable for disability before July 29, 1945, but compensation if entitlement to each the increased evaluation and the rate retired unrelated to disability between benefit is based on a different disability payable for the prior evaluation. July 4, 1952, and December 31, 1956. or death. The election described in (c) An officer who incurred a (b) Effect of a surviving spouse’s paragraph (a)(1) of this section is not disability between July 29, 1945, and election of FECA compensation or VA required in such cases. July 3, 1952, but retired unrelated to benefits on the rights of children— (1) (c) Election is irrevocable. An election disability between July 4, 1952, and Cases in which a spouse’s entitlement to receive FECA compensation or VA December 31, 1956. controls a child’s entitlement. If a benefits under this section is irrevocable child’s entitlement to VA benefits is once the election becomes final under (Authority: Sec. 501(b), Pub. L. 84–881, 70 controlled by the surviving spouse’s § 5.742. There is no right of reelection. Stat. 881; E.O. 9575, 10 FR 7895; E.O. 10349, entitlement, the surviving spouse’s 17 FR 3769) (d) Future increases in disability. If a election controls the rights of any of the veteran makes an election of FECA § 5.749 [Reserved] veteran’s children, even if the child is compensation instead of VA disability not in the custody of the surviving compensation for a particular disability, Payments From Federal Agencies and spouse and even if the child is not and there is subsequent increased the Effects of Those Payments on VA entitled to receive any benefits under impairment based on that disability, the Benefits for Veterans and Survivors FECA. If the surviving spouse elects to award of increased compensation based § 5.750 Election between VA benefits and receive FECA compensation, the child’s on the increased disability will be compensation under the Federal VA benefits will be discontinued on the considered a new benefit and the Employees’ Compensation Act for death or same day that the surviving spouse’s VA veteran may elect to receive FECA disability due to military service. benefits are discontinued. compensation or VA compensation as to (a) General— (1) Election required. An (2) Cases in which a child has that increased disability. individual who is entitled to independent entitlement. If a child is (e) Effect of a surviving spouse’s compensation from the U.S. Department entitled to DIC or other VA benefits election of FECA compensation or VA of Labor’s Office of Workers’ independent of the surviving spouse’s benefits on the rights of children— (1) Compensation Programs under the entitlement, the child may receive such Cases in which a spouse’s entitlement Federal Employees’ Compensation Act benefits at the same time that the controls a child’s entitlement. If a
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56152 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
child’s entitlement to VA benefits is payments of civil service retirement pension, death compensation, or controlled by the surviving spouse’s benefits as income where income is a dependency and indemnity entitlement, the surviving spouse’s factor in entitlement to VA benefits compensation (DIC) based on the service election controls the rights of any of the except as otherwise provided in this of the same veteran. veteran’s children, even if the child is part. (Authority: 38 U.S.C. 5304(a)(1)) not in the custody of the surviving (Authority: 38 U.S.C. 501(a)) spouse and even if the child is not § 5.757 Elections between VA disability or entitled to receive any benefits under § 5.754 Effect of payment of compensation death compensation and pension. FECA. If the surviving spouse elects to under the Radiation Exposure (a) Elections between disability receive FECA compensation, the child’s Compensation Act of 1990 on payment of compensation and Improved Pension. A VA benefits will be discontinued on the certain VA benefits. person who is entitled to receive both same day that the surviving spouse’s VA (a) Disability compensation. (1) A disability compensation and Improved benefits are discontinued. radiation-exposed veteran, as defined in Pension may elect or reelect at any time (2) Cases in which a child has 38 CFR 3.309(d)(3), who receives a to receive either benefit unless independent entitlement. If a child is payment under the Radiation Exposure otherwise provided in this part, entitled to DIC or other VA benefits Compensation Act of 1990, as amended regardless of whether it is the greater or independent of the surviving spouse’s (42 U.S.C. 2210 note) (RECA), will not lesser benefit. entitlement, the child may receive such be denied disability compensation to (b) Elections between death benefits at the same time that the which the veteran is entitled under 38 compensation and death pension. A surviving spouse receives FECA CFR 3.309(d) for months beginning after person who is entitled to receive both compensation. March 26, 2002. death compensation and death pension (2) A veteran who is not a ‘‘radiation- may elect or reelect at any time to (Authority: 5 U.S.C. 8116(b); 38 U.S.C. exposed veteran,’’ as defined in 38 CFR receive either benefit unless otherwise 501(a)) 3.309(d)(3), is not entitled to VA provided in this part, regardless of § 5.752 Procedures for elections between disability compensation for disability whether it is the greater or lesser VA benefits and compensation under the caused by a disease that is attributable benefit. Federal Employees’ Compensation Act. to exposure to radiation for which the (c) Elections between disability (a) Procedures prior to VA receipt of veteran has received a payment under compensation and Old-Law Pension or an election between Federal Employees’ RECA. Section 306 Pension. A person who is Compensation Act (FECA) (b) Dependency and indemnity entitled to receive both disability compensation and VA benefits. When compensation (DIC). A person who compensation and Old-Law Pension or there is evidence showing that a receives a payment under RECA based Section 306 Pension may elect to claimant is receiving benefits from the upon a veteran’s death will not be receive either benefit. Such person may U.S. Department of Labor’s Office of denied DIC to which the person is reelect at any time to receive the other Workers’ Compensation Programs entitled under 38 CFR 3.5 and 3.22 for benefit unless otherwise provided in (OWCP) under FECA for the same months beginning after March 26, 2002. this part, regardless of which is the disability or death for which VA (c) Offset of RECA payment against greater or lesser benefit. benefits are claimed, VA will— VA benefits. Notwithstanding (d) Effect of a veteran’s election of (1) Advise OWCP of the pertinent paragraphs (a)(1) or (b) of this section, disability compensation or pension on facts in the case, including the the amount of a RECA payment will be other beneficiaries. A veteran’s election disabilities for which VA benefits are deducted from the amount of disability of disability compensation or pension payable, and request that OWCP obtain compensation payable pursuant to under this section controls the right of the election; and § 3.309(d) or the amount of DIC payable. any dependent in that case, even though (2) Deny the VA claim, advise the (d) Effective date of discontinuance of the election results in the reduction of claimant of the facts VA furnished to VA benefits. This paragraph applies the benefit payable to the dependent. OWCP, and inform the claimant that when VA must discontinue VA (e) Effect of a surviving spouse’s OWCP will contact the claimant disability compensation to an election on the rights of a child—(1) concerning rights of election. individual because that individual General—the election of the surviving (b) Procedures when there is an received RECA compensation. In such a spouse controls the claims of the child. election of VA benefits instead of FECA case, VA will discontinue its benefits An election by a surviving spouse compensation. If OWCP informs VA effective the first day of the month that controls the claims of all children that the claimant has elected VA RECA benefits are issued. including children over 18 and children benefits, VA will pay benefits effective (Authority: 38 U.S.C. 1112(c)(4), 1310(c); 42 not in the custody of the surviving the date of receipt of the claim for VA U.S.C. 2210 note) spouse, even though the election results benefits (or other effective date assigned in the reduction of the benefit payable under this chapter based on such claim). § 5.755 [Reserved] to a child. (2) Exception—when a surviving VA will offset FECA payments made Rules Concerning the Receipt of spouse elects death compensation. during the period between the effective Multiple VA Benefits date of the VA award and the date of When a surviving spouse elects death election. § 5.756 Prohibition against concurrent compensation instead of Improved receipt of certain VA benefits based on the Death Pension, an otherwise eligible § 5.753 Payment of VA benefits and civil service of the same veteran. child is not precluded from receiving service retirement benefits for the same (a) Veterans. VA may not pay to a Improved Death Pension if the child is period. veteran an award of disability not in the custody of a surviving spouse. VA will pay VA benefits to an eligible compensation and an award of See § 5.417 Child custody for Improved claimant or beneficiary at the same time disability pension at the same time Pension. that the claimant or beneficiary is based on the veteran’s own service. (3) Exception—when a surviving receiving civil service retirement (b) Survivors. VA may not pay to a spouse elects Improved Death Pension. benefits. However, VA will consider survivor more than one award of death A surviving spouse’s election of
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules 56153
Improved Death Pension does not affect § 5.759 Election between death in this regulation or in § 5.464, the benefits of a surviving child who compensation and dependency and ‘‘Multiple pension awards not payable,’’ was receiving a separate apportioned indemnity compensation. if a beneficiary is receiving death award of Section 306 Pension or Old- (a) Election between benefits is pension, death compensation, or DIC as Law Pension on December 31, 1978. required. A person who is eligible for the surviving spouse of one veteran, the both death compensation and (f) Change from one law to another. beneficiary is not barred from receiving dependency and indemnity Except as otherwise provided, where death pension, death compensation, or compensation (DIC) must elect to DIC due to the death of a different payments of pension or compensation receive one or the other benefit. veteran. are being made to a person under one (1) Persons currently receiving death (c) Limitation—A surviving spouse is law, the right to receive benefits under benefits. (i) A person who is currently entitled to payment of only one award another law being in suspension, and a receiving death compensation may elect of death benefits at one time based on higher rate of pension or compensation to receive DIC. the death of more than one veteran to becomes payable under the other law, (ii) An election to receive DIC instead whom the surviving spouse was benefits at the higher rate will not be of death compensation is irrevocable married—(1) Payment limitation. VA paid for any date prior to the date of once the election becomes final under may not pay more than one death receipt of an election. § 5.742. There is no right to reelection. pension, death compensation, or DIC (Authority: 38 U.S.C. 501(a), 1542, 5304) (2) Persons claiming entitlement to award at a time to a surviving spouse service-connected death benefits. VA based on the death of more than one § 5.758 Electing Improved Pension instead will treat a claim for service-connected veteran to whom the surviving spouse of Old-Law Pension or Section 306 Pension. death benefits as a claim for DIC, subject was married. (a) Right to elect Improved Pension. to confirmation by the claimant, unless (2) Election. A surviving spouse who Except as otherwise provided in this the claimant specifically requests death is eligible for death pension, death section, a pension beneficiary who was compensation. compensation, or DIC because of the entitled on December 31, 1978 to (b) Limitation of election. An election deaths of more than one veteran to receive Old-Law Pension or Section 306 of DIC may not be filed or withdrawn whom he or she was married may elect, Pension, may elect at any time to after the death of the surviving spouse, or reelect, benefits based on the death of receive Improved Pension instead. An child, or parent. See also § 5.742(c) any one such deceased spouse. The election to receive Improved Pension (concerning the finality of an election of election or reelection may be made at instead of Old-Law Pension or Section DIC when the beneficiary dies before any time. Benefits payable in the elected 306 Pension is irrevocable once the negotiating a DIC check). case will be offset by any payments the election becomes final under § 5.742. (Authority: 38 U.S.C. 1317(a)) surviving spouse received based on the death of the other spouse for the same There is no right to reelection. Cross-reference: § 5.512, ‘‘Eligibility period. The offset will occur only if the (b) When a veteran’s spouse is also a for death compensation or death surviving spouse was entitled to veteran who is eligible to elect Improved pension instead of dependency and benefits in the elected case prior to the Pension. If a veteran who is eligible to indemnity compensation.’’ date of receipt of the election under elect Improved Pension under this § 5.760 Electing Improved Death Pension § 5.567, ‘‘Effective dates for DIC or death section has a spouse who is also a instead of dependency and indemnity compensation awards,’’ or § 5.431, veteran who is eligible to elect compensation. ‘‘Effective dates for Improved Death Improved Pension under this section, A surviving spouse who is entitled to Pension.’’ neither veteran may receive Improved receive dependency and indemnity Pension unless both elect to receive it. (Authority: 38 U.S.C. 5304(b)(1), (3)) compensation (DIC) may elect to receive (c) When a beneficiary chooses to Improved Death Pension instead of DIC. § 5.762 Payment of multiple VA benefits to receive Old-Law Pension or Section 306 a surviving child based on the service of (Authority: 38 U.S.C. 1317(b)) Pension instead of Improved Pension. If more than one veteran. a pension beneficiary who is eligible to § 5.761 Concurrent receipt of disability (a) A surviving child is entitled to elect Improved Pension under this compensation, pension, or death benefits concurrent receipt of disability section does not do so, VA will continue by a surviving spouse based on the service compensation or pension and death to pay that beneficiary Old-Law Pension of more than one veteran. benefits. If a surviving child is receiving or Section 306 Pension at the monthly (a) Concurrent receipt of disability disability compensation or pension in rate in effect on December 31, 1978, compensation or pension and death his or her own right as a veteran, the unless that rate must be reduced or benefits. Except as otherwise provided surviving child is not barred from discontinued under § 5.470, ‘‘Reasons in § 5.464, ‘‘Multiple pension awards receiving: for discontinuing or reducing Section not payable,’’ if a surviving spouse is (1) An apportionment of disability 306 Pension or Old-Law Pension,’’ or receiving disability compensation or compensation or pension based on under another regulation in this part. pension in his or her own right as a another veteran’s disability, or veteran, the surviving spouse is not (2) Death pension, death (d) Effect of a surviving spouse’s compensation, or dependency and election of Improved Pension on the barred from receiving: (1) An apportionment of disability indemnity compensation (DIC) due to rights of a child. A surviving spouse’s compensation or pension based on the death of another veteran. election of Improved Pension does not another veteran’s disability, or (b) A surviving child is entitled to affect the benefits of a surviving child (2) Death pension, death more than one award of death benefits who was receiving, on December 31, compensation, or dependency and based on the death of more than one 1978, a separate apportioned award of indemnity compensation (DIC) due to veteran. Except as otherwise provided Section 306 Pension or Old-Law the death of another veteran. in paragraph (c) of this section or in Pension. (b) Entitlement to death benefits § 5.464, ‘‘Multiple pension awards not (Authority: 38 U.S.C. 501(a); Sec. 306(a) and based on the death of more than one payable,’’ if a surviving child is (b), Pub. L. 95–588, 92 Stat. 2508) veteran. Except as otherwise provided receiving death pension, death
VerDate Aug<31>2005 17:13 Oct 01, 2007 Jkt 211001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 56154 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Proposed Rules
compensation, or DIC as the surviving determine the benefit rate to the § 5.764 Payment of Survivors’ and child of one veteran, the surviving child surviving spouse and/or the other Dependents’ Educational Assistance and is not barred from receiving death surviving child as if the surviving child VA death pension or dependency and pension, death compensation, or DIC indemnity compensation for the same making the election did not exist. period. due to the death of a different veteran. (ii) Effective date. If VA determines (c) Exception—child with more than (a) Child who has reached age 18—(1) that benefits payable to the surviving Election is required. (i) A child who has one parent in the same parental line— spouse and/or the other surviving child (1) Definition. Same parental line means reached the age of 18 and is not helpless should be increased, reduced, or that the child has more than one veteran may not receive VA death pension at the discontinued as a result of the election father or more than one veteran mother same time as he or she receives or reelection, such increase, reduction, for VA purposes. Survivors’ and Dependents’ Educational or discontinuance is effective the first (2) A surviving child is entitled to Assistance (DEA) under 38 U.S.C. day of the month following the month payment of no more than one death chapter 35, and must elect between VA benefit due to the death of more than for which VA last paid benefits. death pension and DEA. one parent in the same parental line. (Authority: 38 U.S.C. 5304) (ii) A child who has reached the age Except for insurance and as provided in of 18 and is not helpless may not this paragraph (c), VA cannot pay more § 5.763 Payment of multiple VA benefits to receive dependency and indemnity more than one child based on the service than one death benefit to, or based on compensation (DIC) at the same time as of the same veteran. the existence of, a surviving child he or she receives DEA benefits, and because of the death of more than one (a) Scope. This section applies when must elect between DIC and DEA. parent in the same parental line. two or more children are eligible to (2) Effect of election on other (3) Exception: More than one death receive the same type of VA benefit beneficiaries when there is more than benefit is payable when the death of based on the service of a veteran, and one parent in the same parental line. In both parents in the same parental line at least one of the children is also cases where a child has more than one occurred prior to June 9, 1960. If both eligible to receive a different type of VA parent in the same parental line, if the fathers or both mothers died before June benefit based on the service of the same child elects to receive benefits based on 9, 1960, a child who receives DIC for veteran. The types of VA benefits one parent, VA will consider the child’s one parent may receive death pension referred to in this section are as follows: entitlement for purposes of determining the entitlement and rate of other for the other parent. Unless both fathers (1) Improved Pension. or both mothers died before January 1, survivors of that parent. For benefits 1957, such a child may not receive DIC (2) Dependency and indemnity based on the other parent’s service, VA or death compensation for the other compensation (DIC). will determine the entitlement and rate parent. If both parents died before (3) Survivors’ and Dependents’ of the survivors of that parent as if the January 1, 1957, there is no prohibition Educational Assistance (DEA). child did not exist. on concurrent receipt of death benefits. (3) Effective date. VA will discontinue (b) General rule. This paragraph (b) the electing child’s VA death pension or (4) Surviving child’s right to elect or applies when one of the children is reelect. If a surviving child is entitled to DIC effective the day preceding the eligible for more than one type of VA benefits because of the death of more beginning date of the DEA allowance. benefit as provided in paragraph (a) of than one parent in the same parental VA will increase payments, pay a this section and that child chooses to line, the child has the right to elect or reduced rate, or discontinue VA death receive a benefit that is different than reelect one or more times to receive pension or DIC to the remaining the type the remaining child receives. benefits because of the death of either beneficiaries effective the beginning Except as provided in paragraph (c) of such parent. date of the DEA award to the child. this section, VA cannot— (5) Benefits that are awarded as a (b) Child who is under age 18 or result of a surviving child’s reelection (1) Increase the rate of payment to the helpless. Generally, a helpless child or are subject to an offset. VA will award remaining child; or a child who is younger than 18 may benefits to the electing child according (2) Pay a rate to each remaining child receive VA death pension or DIC at the to the child’s reelection. However, VA that is greater than the rate payable if all same time as DEA under 38 U.S.C. will offset the new award by subtracting children were receiving the same type of chapter 35. the amount of any payments for the VA benefit. (c) Surviving spouse. A surviving same period which VA previously made spouse may receive VA death pension (c) Exception to general rule. The under the prior award to or based on the or DIC at the same time as DEA under limitation in paragraph (b) of this existence of that child. 38 U.S.C. chapter 35. (6) Effect of a surviving child’s section does not apply if the child elects (d) Additional criteria. Provisions election on the beneficiaries of the other DEA. Unless the child electing DEA is concerning concurrent receipt of DEA parent in the same parental line. (i) under the age of 18 or helpless, VA will and VA death pension or DIC are set When a surviving child elects benefits pay benefits to the remaining child as if forth in § 21.3023 of this chapter. the child electing DEA did not exist. See because of the death of one veteran, and (Authority: 38 U.S.C. 3562) a surviving spouse and/or another 38 CFR 21.3023(b) (pertaining to surviving child are eligible for benefits restrictions on concurrent receipt of §§ 5.765–5.769 [Reserved] because of the death of another veteran DEA and other VA benefits). [FR Doc. E7–19280 Filed 10–1–07; 8:45 am] in the same parental line, VA will (Authority: 38 U.S.C. 3512, 3562) BILLING CODE 8320–01–P
VerDate Aug<31>2005 16:43 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\02OCP2.SGM 02OCP2 jlentini on PROD1PC65 with PROPOSALS2 Tuesday, October 2, 2007
Part III
Department of Housing and Urban Development 24 CFR Part 203 Revisions to the Single Family Mortgage Insurance Program; Final Rule
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 56156 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
DEPARTMENT OF HOUSING AND 203.371, 203.389, 203.402, 203.604, and C. Proposed Changes to FHA Title URBAN DEVELOPMENT 203.605. On November 10, 2004, at 69 Requirements FR 65324, HUD published a proposed 24 CFR Part 203 HUD proposed to amend § 203.389 to rule to implement these statutory add ‘‘aviation easements’’ approved by [Docket No. FR–4831–F–02] amendments and make these provisions the Secretary at the time of the mortgage consistent with industry practice. RIN 2502–AI03 origination to the list of easements in Specifically, HUD’s November 10, 2004, paragraph (b)(1) to which the Federal Revisions to the Single Family rule proposed the following changes. Housing Commissioner may not raise Mortgage Insurance Program A. Proposed Changes to Provisions of objection in taking title to property FHA Mortgage: Escrow for covered by an insured mortgage in AGENCY: Office of the Assistant default. Secretary for Housing—Federal Housing Condominium and Homeowner Commissioner, HUD. Association Fees D. Proposed Changes to Payment of Insurance Benefits ACTION: Final rule. HUD proposed to amend 24 CFR HUD proposed to revise § 203.402(a) SUMMARY: This final rule revises HUD’s 203.23(a) to require a provision in the and (j) to incorporate new items that regulations under the single family mortgage for the payment by the would be included in insurance benefits mortgage insurance program that govern mortgagor of homeowner or paid by HUD with respect to conveyed actions by mortgagees with respect to condominium association fees. Toward and non-conveyed properties. mortgages in default to implement this end, HUD proposed to amend Specifically, in paragraph (a), HUD recent statutory changes. The rule also § 203.23 to require mortgagees of FHA- proposed that an amount be included in amends regulations under the program insured mortgages endorsed on or after the claim payment of a utility fee, if it to make them consistent with industry the effective date of the final rule to is a lien prior to the mortgage. HUD also practices. The Department believes that collect, as part of the monthly mortgage proposed language that would permit these changes will help to increase the payment, an escrow of the amounts HUD to reimburse mortgagees for administrative efficiency of the single necessary for the payment of these fees payments of homeowners’ association family mortgage insurance program. when they become due. HUD also and condominium fees if, because of a This final rule follows a proposed rule proposed amending § 203.24(a)(1) to default of a mortgagor in making escrow published on November 10, 2004, and require the mortgagor to assign that part payments, the mortgagee has to pay takes into consideration and adopts of the monthly payment received from these fees. Finally, HUD proposed a changes in response to the public the mortgagor for condominium or revision to paragraph (j) to eliminate the comments received. homeowners’ association fees. need for approval by the Secretary, prior DATES: Effective Date: November 1, to the issuance of a mortgage, of a 2007. B. Proposed Changes to FHA Mortgage Claim Procedures covenant that provides for charges and FOR FURTHER INFORMATION CONTACT: fees for the administration, operation, Ivery Himes, Director, Asset HUD also proposed to amend a and maintenance of community-owned Management and Disposition Division, number of its claims procedures. property. Department of Housing and Urban Initially, HUD proposed to revise Development, 451 Seventh Street, SW., E. Proposed Changes to Mortgagee § 203.359(b)(2) to provide that the deed Actions and Forbearance Room 9172, Washington, DC 20410– to the Secretary must be recorded 8000; telephone (202) 708–1672 (this is within 30 days after the later of the Finally, HUD proposed amending two not a toll-free number). Hearing- and acquisition of possession of the property provisions that outline responsibilities speech-impaired persons may access by the mortgagee or the expiration of the of the mortgagee. HUD proposed this number through TTY by calling the redemption period. HUD also proposed amending § 203.604(c)(2) to eliminate the requirement of a face-to-face toll free Federal Information Relay to amend procedures for the payment of Service at (800) 877–8339. meeting if the mortgaged property is pre-foreclosure claims to implement within 200 miles of the mortgagee or a SUPPLEMENTARY INFORMATION: section 601(a) of the FY1999 HUD branch office thereof. HUD also Appropriations Act. Specifically, HUD I. Background—The November 10, proposed amending § 203.605 to clarify 2004, Proposed Rule proposed to amend § 203.370 to provide the deadline for the mortgagee to The Department’s regulations for the payment of insurance benefits by complete its loss mitigation evaluation governing the procedures, rights, and the Secretary in a pre-foreclosure sale of by requiring the mortgagee to evaluate, servicing responsibilities, among other the property if, among other things, ‘‘the before the account becomes four things, arising out of a mortgage insured mortgagor has received an appropriate payments due and unpaid, all of the loss under the single family mortgage disclosure, as determined by the mitigation techniques provided in insurance program of the Federal Secretary.’’ Finally, HUD proposed to § 203.501 to determine which, if any, is Housing Administration (FHA) amend § 203.371(b) to provide that, appropriate and to reevaluate monthly generally are codified at 24 CFR part along with the existing requirements thereafter. 203. Statutory amendments enacted by that must be satisfied for payment of a For a detailed discussion of the the Departments of Veterans Affairs and partial claim, the mortgagor must have proposed regulations, please see the Housing and Urban Development, and made a minimum number of monthly preamble to the proposed rule, at 69 FR Independent Agencies Appropriations payments, as prescribed by the 65324–65325. Act, 1999 (Pub. L. 105–276, approved Secretary. Section 203.371(d) would October 21, 1998) (FY1999 also be revised to provide that HUD II. This Final Rule Appropriations Act), and other changes must receive the original of the note and This final rule takes into in practices and procedures, necessitate security instrument no later than 60 consideration the public comments changes to the regulations at 24 CFR days after the date of the execution of received on the November 10, 2004, 203.23, 203.24, 203.359, 203.370, the note and the security instrument. proposed rule. The following highlights
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56157
the notable changes made at this final frame. Therefore, HUD is considering feasible and has removed the rule stage. further change and clarification for the requirement in this final rule. Initially, HUD proposed amending timing of direct conveyancing Comment: The proposed escrow §§ 203.23 and 203.24 to require the procedures and may issue new time requirement will limit the availability of payment of homeowner or frames in a future rulemaking. FHA financing, thereby creating an condominium association fees, among Finally, HUD proposed revising obstacle for homeowners seeking FHA the other payments that the mortgagor is § 203.605 to clarify the deadline for the financing. These commenters stated that required to make under the mortgage. mortgagee to complete its loss homebuyers would be required to Based on public comments received on mitigation evaluation. After publication prepay condominium fees at the time of these provisions, HUD has determined of the proposed rule, a change to closing, thereby substantially increasing that a mandatory escrow requirement § 203.605 was promulgated in the final downpayment costs. The commenters for condominium and homeowners rule entitled, ‘‘Treble Damages for wrote that the increased out-of-pocket association fees is not feasible. Failure to Engage in Loss Mitigation’’ costs would discourage many Therefore, HUD has removed the that was published in the Federal homebuyers from purchasing homes corresponding homeowner and Register on April 26, 2005, at 70 FR with FHA-insured mortgages. condominium association fee provisions 21572. Because the proposed change to HUD response: Regardless of whether that were proposed at § 203.402(a) and § 203.605 has already been codified, the fees are paid directly by the (j). HUD will not be revising § 203.605 in mortgagor or through the escrow Second, in response to industry this final rule. account, the mortgagors are responsible comments, HUD has determined that it for payment of the homeowners or will be difficult in some jurisdictions to III. Discussion of Public Comments on condominium association fees. be able to receive the recorded, original the November 10, 2004, Proposed Rule Therefore, HUD believes that escrowing security instrument from the recording The public comment period on the those fees would not affect the authority and ensure that they are proposed rule closed on January 10, affordability of the mortgage. received by HUD within 60 days from 2005. HUD received 32 public Notwithstanding, HUD has determined execution, as contained in the proposed comments from a diverse group of that a mandatory escrow requirement rule. Accordingly, HUD has revised commenters representing mortgage for all FHA-insured condominium and § 203.371(d) to provide that HUD must companies, condominium owners, homeowners association fees is not receive the original credit instrument no lenders, industry groups for mortgage feasible and has removed the later than 60 days after the date of bankers, title insurance companies, requirement in this final rule. execution and the recorded, original realtors, homeowners associations, an Comment: The escrow requirement security instrument not later than 6 attorney, and homeowner advocacy would impose undue burden on months after the date of execution. groups. The following provides a condominium and homeowners Where the mortgagee is experiencing a discussion of key issues raised by public associations, as well as servicers. The delay from the recording authority, it commenters and HUD’s responses to commenters stated that many of the may request an extension of time from these issues. condominium associations are small HUD. and would find it difficult to keep track A. Escrow for Condominium and Third, HUD had proposed to revise of the various servicers to whom to send Homeowners Association Fees § 203.604(c)(2) to eliminate the their bills. requirement of a face-to-face meeting if Comment: The escrow requirement HUD response: The Department the mortgaged property is within 200 should be preserved in the final rule. agrees with the commenters in that the miles of the mortgagee or a branch office Two commenters offered support for the mortgagees and the condominium and thereof. In consideration of the escrow requirement. These commenters homeowners associations, as well as comments received, HUD has wrote that the proposal would help servicers, would need to track determined that the requirements in maintain the financial viability of additional information if the fees were § 203.604 require additional condominium and homeowner escrowed. The mortgagees would need consideration. As a result, HUD is associations. However, one of the to maintain the identity of the planning a comprehensive revision that commenters suggested several condominium or homeowners will revise § 203.604. Because HUD modifications and clarifications to the association, and the condominium and determined that the face-to-face meeting escrow requirement. First, the homeowners association would need to requirement should be reconsidered in commenter suggested that HUD clarify maintain the identity of the mortgagee a new proposed rule, this final rule does that full payment of fees is due at the servicing the mortgage. As stated above, not effectuate the revisions to beginning of the year (either fiscal or HUD has determined that a mandatory § 203.604(c)(2) that were contained in calendar). Second, the commenter escrow requirement for all FHA-insured the proposed rule. suggested that any remaining condominium and homeowners Although HUD proposed to amend assessments should be due upon association fees is not feasible. § 203.359(b)(2) to revise the timing purchase of the property and not Therefore, HUD has removed the requirements for direct conveyance deferred until the end of the first year requirement in this final rule. procedures, it has determined not to of the new mortgage. This commenter Comment: The escrow requirement proceed with this change in this final also recommended that the final rule will increase costs and administrative rule. As proposed, the revision provided should define the term ‘‘assessment’’ to burden for HUD. Several commenters that the deed to the Secretary must be ensure that funds not intended to fall wrote that HUD’s costs would increase recorded within 30 days after the later within the scope of the rule are not substantially when servicers are of the acquisition of possession of the escrowed. required to advance escrow funds for property by the mortgagee or the HUD response: HUD appreciates the delinquent loans. The commenters expiration of the redemption period. feedback provided by the commenters, suggested that the costs to HUD for After further review, HUD believes that but has determined that a mandatory repayment of these escrow advances additional investigation is needed escrow requirement for condominium would outweigh any benefit to HUD in before establishing the revised time and homeowners association fees is not avoiding the relatively small number of
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 56158 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
liens or delinquencies that occur under provides the Secretary with authority to Although HUD is not effectuating the current system. The commenters insure mortgages and establish related changes to § 203.359(b)(2) in this final also stated that, unlike taxes and terms by which the mortgages are rule, it is contemplating revision of the insurance, condominium fees are often insured. HUD believes that it is prudent direct conveyance provisions. As stated paid on a monthly or quarterly basis. public policy for HUD to promulgate in section II of this preamble, HUD is The commenters wrote that the regulations that will assist in considering further change and administrative costs of tracking the fees strengthening U.S. neighborhoods. clarification for the timing of direct would prove prohibitive for HUD. When condominium and homeowner conveyance procedures and may issue a HUD response: HUD disagrees that association fees go unpaid, the new provision in a future rulemaking. escrowing for the condominium and neighborhood suffers because of Comment: The final rule should state homeowners association fees would deferred maintenance or even deferred whether the proposed change to increase costs for the Department. capital improvements. It is HUD’s § 203.370(c)(4), which would require a Currently, in priority states, HUD is responsibility to establish policies that disclosure statement in all pre- already reimbursing mortgagees for the help ensure the stability of foreclosure sales, replaces the debt- costs in discharging the liens placed neighborhoods. Notwithstanding, HUD counseling requirement for these sales. upon properties for nonpayment. HUD has determined that a mandatory escrow HUD response: The revised disclosure expects its net cost to decrease, as there requirement for all FHA-insured requirement replaces the previous should be fewer situations in which the condominium and homeowners requirement for the mortgagor to receive condominium or homeowners association fees is not feasible and has homeownership counseling and to association needs to place a lien for removed the requirement in this final provide a counseling certification to that nonpayment. Although HUD believes its rule. effect. Counseling will always be costs would decrease, HUD has Comment: HUD should consider encouraged for all mortgagors determined that the proposed alternatives to the proposed escrow considering the use of a pre-foreclosure mandatory escrow requirement is not requirement. Several commenters sale (PFS) as a means of loss mitigation. feasible and has removed the opposed to the escrow requirement This regulatory change is implemented requirement in this final rule. suggested possible alternatives that to improve consistency between 24 CFR Comment: The proposed escrow might accomplish HUD’s goal. For 203.370(c)(4) and statutory language in requirement is not necessary because example, one commenter suggested that section 204(a)(D) of the National condominium association liens do not HUD should establish stronger Housing Act. present a title problem in the majority qualifying criteria to ensure that a Comment: Because the timing of of states. One commenter wrote that the borrower can meet its obligation before submission of partial claim documents issue of unpaid or delinquent being approved for FHA financing. This is outside the servicer’s control, the condominium fees appears to affect a commenter also suggested that HUD proposed requirement that HUD must small percentage of FHA loans and does should require disclosure of the fees and receive the original of the note and not justify the imposition of the escrow the possibility of future increases. security instrument no later than 60 requirement for the entire population of Another commenter suggested that HUD days after the date of execution is FHA loans subject to condominium fees. should implement a regulation that unreasonable. According to the Another commenter stated that several ensures its lien is superior, thus commenters, certain jurisdictions states have begun efforts to resolve the avoiding the administrative and legal experience extensive delays in handling public policy issues involved in concerns raised by the escrow the recording and mailing of documents. homeowner association regulation. This requirement. A third commenter These commenters stated that the commenter further opined that these recommended that before implementing proposed rule provision authorizing a efforts would be undermined by HUD’s the escrow requirement, HUD examine servicer to provide a certified copy proposed rule. options such as appropriate forbearance would be insufficient to address these HUD response: The Department language and repayment plan concerns, because it would be equally agrees with the commenter that there alternatives. difficult to obtain such a copy from a are currently more non-priority states HUD response: HUD acknowledges recorder’s office. To address these than priority states. There is a change, the commenters’ suggestions and concerns, the commenters suggested however, occurring within the industry appreciates the recommendations. HUD several alternative timing requirements. for more states to provide for the has, however, determined that the For example, some of the commenters condominium and homeowner proposed escrow requirement is not recommended that the 60-day associations to be able to place a priority feasible and has removed the proposed requirement should run from the date lien for nonpayment. HUD has requirement in this final rule. the servicer receives the original determined, however, that a mandatory recorded security instrument from the escrow requirement for all FHA-insured B. Claim Procedures recorder’s office. One commenter condominium and homeowners Comment: In cases where the suggested that the servicer should be association fees is not feasible and has mortgagee arranges for a direct permitted to submit a copy of the removed the requirement in this final conveyance of the property to the unrecorded documents within 60 days rule. Secretary, HUD should clarify that if a of execution, followed by submission of Comment: There is no legal basis for third party has caused a delay, through the original recorded documents within the proposed escrow requirement. Two no fault of the servicer, then HUD will 120 days of execution. Another commenters questioned HUD’s consider granting an extension. One commenter suggested the same remedy, authority to create a policy that commenter, offering support for the but with time frames of 90 days for guarantees payment of condominium proposed changes to § 203.359(b)(2), submission of the unrecorded document fees where there is no legal obligation to asked HUD to state whether it will grant and 12 months for submission of the do so and no actual benefit to the FHA extensions to the 30-day conveyance recorded instrument. One commenter insurance fund. requirement. urged that HUD continue to work on HUD response: Section 203 of the HUD response: HUD appreciates the development of an online system to National Housing Act (12 U.S.C. 1709) suggestion offered by the commenter. replace the manual process necessary to
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56159
request extensions for delivering partial than 60 days and the original of the origination, it may also be time to make claim documents. security instrument not later than 6 a similar change with respect to FHA’s HUD response: The Department months from the date of execution. servicing requirements. However, the agrees with several of the industry Where the lender is experiencing a Department strongly believes that there comments that it will be impossible in delay from the recording authority, it must be a minimum standard for some jurisdictions to be able to receive may request an extension of time from mortgagees to attempt to contact a the recorded security instruments from HUD. delinquent mortgagor. The earlier the the recording authority and to ensure Comment: In the final rule, HUD mortgagee reaches a delinquent that they are received by HUD within 60 should clarify the minimum number of mortgagor to discuss options for days from execution. However, several payments required for payment of bringing the mortgage current, the commenters agreed that all mortgagees partial claim. Two commenters greater are its chances in resolving the should be able to provide copies of the requested additional clarification delinquency. Therefore, the Department documents filed for recordation within regarding the proposed amendment to will propose a comprehensive revision the initial 60-day time frame and then § 203.371(b), which would establish the of § 203.604 in a subsequent rulemaking forward the recorded documents to requirements for payment of a partial that will invite industry comments. As HUD at a later date. The industry was claim. Under the proposed rule, the a result, HUD has determined not to varied in the timing of when it mortgagor would have made a pursue changes to the face-to-face recommended that the recorded ‘‘minimum number of monthly requirement and has removed its documents should be received by HUD. payments as prescribed by the proposal in this final rule. The current Those recommendations ranged from 90 Secretary’’ to be eligible for payment of § 203.604 will remain effective. days to 12 months. As such, the a partial claim. The commenters Comment: The face-to-face meeting Department has set the time requested that the final rule provide requirement may violate the Fair Debt requirement for receipt of the recorded greater specificity regarding how many Collection Practices Act. Two security instrument at 6 months from payments would constitute a ‘‘minimum commenters suggested that a face-to-face the date of execution. The deadline for number.’’ One of the commenters meeting in a borrower’s home might cast delivery of the original note to HUD suggested that the final rule establish a the servicer as a ‘‘debt collector’’ acting remains at 60 days after the date of requirement of four monthly payments. in violation of the Fair Debt Collection HUD response: Numerous factors that execution. Where the lender is Practices Act. affect the financial situation of the experiencing a delay from the recording HUD response: As explained in authority, it may request an extension of mortgagor must be considered in response to the previous comment, HUD time from HUD. making payment determinations. HUD is not pursuing the change to Comment: The penalty for failure to believes it is in the best interests of all meet partial claim submission deadline parties to make the minimum number of § 203.604(c)(2) at this time, but is is too severe. Several commenters payments determinations on a case-by- considering a new proposed rule that objected to the penalties for failure to case basis. Thus, HUD has not revised would invite industry comments about provide the partial claim documents, the provision in this final rule and has improving the face-to-face meeting consisting of the original note and clarified that determinations are made requirements. recorded security instrument, within 60 on a case-by-case basis. Comment: Face-to-face meetings are days of execution. The proposed rule economically burdensome, give C. Face-To-Face Interview Requirement provided that if the servicer misses the preferential treatment to borrowers submission deadline, HUD will require Comment: The face-to-face meeting fortunate to live within the 200-mile reimbursement of the amount of the requirement is obsolete and unnecessary limitation over other borrowers, and entire partial claim payment. The and should be removed in the final rule. place the employees of mortgagees at commenters stated that this penalty is Several commenters stated that the risk of bodily harm. One commenter severe because it is based upon a third meeting requirement was adopted explained that servicers would be party’s actions over which servicers nearly 30 years ago, before the current required to incur exorbitant travel and have no control. The commenters also collection, delinquency assistance, and training expenses in order to comply wrote that the penalties are not based loss mitigation measures were in place. with this requirement, since servicers upon the actual harm suffered by HUD. The commenters also stated that under are expected to use trained personnel The commenters wrote that the HUD’s current regulations and who are familiar with the borrower’s penalties are so severe that the guidelines, as well as self-imposed account and loss mitigation procedures. unintended consequences of the rule guidelines, servicers have multiple Another commenter suggested that will be that servicers will view the use contacts with delinquent borrowers. borrowers who are facing the potential of partial claims as unreasonably risky These communication efforts include loss of their home are likely to be and will be reluctant to offer such plans notices and monthly statements uncooperative, frustrated, and angry. to borrowers for fear of incurring indicating that a borrower’s payment is Other commenters recommended that, enormous, yet uncontrollable, penalties. past due, loss mitigation letters for the safety of a servicer’s employees HUD response: HUD considered the commencing on the 60th day of and to ensure compliance with loss industry comments concerning the delinquency, a ‘‘how to avoid mitigation requirements, personal visits deadline for partial claims and foreclosure’’ pamphlet, and (should should take place at the servicer’s office acknowledges the difficulty in some matters reach that far) a foreclosure or at a HUD counseling agency, and not jurisdictions to be able to receive the notice. at the mortgagor’s home. recorded security instruments from the HUD response: HUD agrees with the HUD response: HUD agrees that recording authority. This delay makes it commenters and has determined that amending the existing requirement is difficult to ensure that the recorded amending the existing requirement is appropriate. As discussed, HUD is documents are received by HUD within appropriate. As the Department has developing a proposed rule that will the proposed 60-day period. Therefore, already relieved the industry from a comprehensively revise § 203.604 and HUD has set the time requirement for requirement to conduct a face-to-face will invite industry comment. receipt of the original note at no later meeting as a requirement for loan Accordingly, this final rule does not
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 56160 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations
adopt any changes to the current determine which, if any, is appropriate, sector. This rule does not impose a § 203.604. and shall reevaluate monthly thereafter. federal mandate on any state, local, or Comment: HUD should clarify which Subsequent to publication of the tribal government, or on the private ‘‘branches’’ or ‘‘offices are subject to the November 10, 2004, proposed rule, a sector, within the meaning of the face-to-face meeting requirement.’’ One change to § 203.605 was promulgated in Unfunded Mandates Reform Act of commenter stated that many large the final rule for treble damages that 1995. was published in the Federal Register servicers have numerous servicing sites, Regulatory Flexibility Act only some of which may service FHA on April 26, 2005, at 70 FR 21572. loans. The commenter asked HUD to Because the proposed change to The Regulatory Flexibility Act (RFA) clarify whether servicing sites that do § 203.605 was addressed in that final (5 U.S.C. 601 et seq.) generally requires not service FHA loans are subject to the rule, HUD will not be further updating an agency to conduct a regulatory face-to-face requirement. The this regulation at this time. HUD also flexibility analysis of any rule subject to commenter wrote that employees at has no plans to change the existing notice and comment rulemaking such sites are not trained on FHA loss criteria for selection of cases for possible requirements, unless the agency certifies mitigations and other loan participation in the Accelerated Claim that the rule will not have a significant requirements. Another commenter Disposition (ACD) program. economic impact on a substantial wrote that the proposed rule might be IV. Findings and Certifications number of small entities. There are no misinterpreted to apply to origination anti-competitive discriminatory aspects offices. According to this commenter, Paperwork Reduction Act of the rule with regard to small entities, this would conflict with HUD’s long- The information collection and there are not any unusual standing position that the face-to-face requirements contained in this rule have procedures that would need to be requirement refers to servicing offices been approved by the Office of complied with by small entities. The and not to origination offices of the Management and Budget (OMB) in rule revises certain regulations under lender. accordance with the Paperwork the Single Family Mortgage Insurance HUD response: As explained above, Reduction Act of 1995 (44 U.S.C. 3501– program to improve the efficiency of the HUD is not pursuing the change to 3520) and assigned OMB control program. Accordingly, the undersigned § 203.604(c)(2) at this time, but is number 2502–0404. An agency may not certifies that this rule will not have a considering a new proposed rule that conduct or sponsor, and a person is not significant economic impact on a would invite industry comments about required to respond to, a collection of substantial number of small entities. improving the face-to-face meeting information, unless the collection Executive Order 13132, Federalism requirements. displays a valid control number. Comment: The final rule should Executive Order 13132 (entitled provide for the use of investigators to Environmental Impact ‘‘Federalism’’) prohibits an agency from locate ‘‘no contact’’ borrowers. One A Finding of No Significant Impact publishing any rule that has federalism commenter suggested that the final rule (FONSI) with respect to the implications if the rule either imposes should provide for the use of third-party environment was made at the proposed substantial direct compliance costs on investigative companies to locate rule stage in accordance with HUD state and local governments and is not delinquent borrowers that lenders are regulations at 24 CFR part 50, which required by statute, or the rule preempts unable to locate and contact. implement section 102(2)(C) of the state law, unless the agency meets the HUD response: As explained above, National Environmental Policy Act of consultation and funding requirements HUD is not making a change at this 1969 (42 U.S.C. 4332(2)(C)). A of section 6 of the Executive Order. This time, but is considering a new proposed supplemental FONSI was made for this rule does not have federalism rule that would invite industry final rule. Both are available for public implications and does not impose comments about improving the face-to- inspection between the hours of 8 a.m. substantial direct compliance costs on face meeting requirements. Because and 5 p.m. weekdays in the Regulations state and local governments nor HUD is still considering the comments Division, Office of General Counsel, preempt state law within the meaning of received on this requirement and Department of Housing and Urban the Executive Order. because HUD plans to issue a proposed Development, 451 Seventh Street, SW., List of Subjects in 24 CFR Part 203 rule that would revise the section, HUD Room 10276, Washington, DC 20410– is not making any change to the current 0500. Due to security measures at the Hawaiian natives, Home regulations at § 203.604. HUD Headquarters building, please improvement, Indians—lands, Loan programs—housing and community D. Mortgagee Action and Forbearance schedule an advance appointment to review the FONSI by calling the development, Mortgage insurance, Comment: In the final rule, HUD Regulations Division at (202) 708–3055 Reporting and recordkeeping should clarify whether the accelerated (this is not a toll-free telephone requirements, Solar energy. claim disposition (ACD) demonstration number). Hearing- or speech-impaired Catalog of Federal Domestic Assistance criteria for the transfer for ACD loans individuals may access this number will be affected by the rule. through TTY by calling the toll-free The Catalog of Federal Domestic HUD response: In the November 10, Federal Information Relay Service at Assistance number is 14.117. 2004, proposed rule, HUD sought to (800) 877–8339. I Accordingly, for the reasons described clarify § 203.605 regarding the deadline Unfunded Mandates Reform Act in the preamble, HUD amends 24 CFR for the mortgagee to complete its loss part 203 to read as follows: mitigation evaluation. The proposed The Unfunded Mandates Reform Act revision would make clear that before of 1995 (2 U.S.C. 1531–1538) (UMRA) PART 203—SINGLE FAMILY the account becomes four payments due establishes requirements for federal MORTGAGE INSURANCE and unpaid, the mortgagee shall agencies to assess the effects of their evaluate all of the loss mitigation regulatory actions on state, local, and I 1. The authority citation for part 203 techniques provided in § 203.501 to tribal governments and on the private continues to read as follows:
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Rules and Regulations 56161
Authority: 12 U.S.C. 1709, 1710, 1715b, (d) Application for insurance benefits. I 5. Revise § 203.402(a) and (j) to read and 1715u; 42 U.S.C. 3535(d). Along with the prescribed application as follows: I for partial claim insurance benefits, the 2. Revise § 203.370(c)(4) to read as § 203.402 Items included in payment— follows: mortgagee shall provide HUD with the original credit instrument no later than conveyed and nonconveyed properties. § 203.370 Pre-foreclosure sales. 60 days after execution. The mortgagee * * * * * * * * * * shall provide HUD with the original (a) Taxes, ground rents, water rates, (c) * * * security instrument, required by and utility charges that are liens prior to (4) Must have received an appropriate paragraph (c) of this section, no later the mortgage. than 6 months following the date of disclosure, as prescribed by the * * * * * Secretary. execution. If the mortgagee experiences I 3. Revise § 203.371(b)(4), (b)(5), add a a delay from the recording authority, it (j) Charges for the administration, new paragraph (b)(6), and revise may request an extension of time, in operation, maintenance, or repair of paragraph (d), to read as follows: writing, from HUD. If the mortgagee community-owned property or the does not provide the original of the note maintenance or repair of the mortgaged § 203.371 Partial claim. and security instrument within the property, paid by the mortgagee for the * * * * * prescribed deadlines, the mortgagee purpose of discharging an obligation (b) * * * shall be required to reimburse the arising out of a covenant filed for record (4) The mortgagor is not financially amount of the claim paid, including the prior to the issuance of the mortgage; able to make sufficient additional incentive. and charges for the repair or payments to repay the arrearage within I 4. Revise § 203.389(b)(1) to read as maintenance of the mortgaged property a time frame specified by HUD; follows: required by, and in an amount approved (5) The mortgagor is not financially by, the Secretary under § 203.379 of this qualified to support monthly mortgage § 203.389 Waived title objections. part. payments on a modified mortgage or on * * * * * * * * * * a refinanced mortgage in which the total (b)(1) Aviation easements, which were arrearage is included; and approved by the Secretary at the time of Dated: September 24, 2007. (6) The mortgagor must have made a the origination of the mortgage, and Brian D. Montgomery, minimum number of monthly payments other customary easements for public Assistant Secretary for Housing—Federal as prescribed by the Secretary on a case- utilities, party walls, driveways, and Housing Commissioner. by-case basis. other purposes. [FR Doc. E7–19459 Filed 10–1–07; 8:45 am] * * * * * * * * * * BILLING CODE 4210–67–P
VerDate Aug<31>2005 16:45 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 jlentini on PROD1PC65 with RULES2 Tuesday, October 2, 2007
Part IV
The President Executive Order 13445—Strengthening Adult Education
VerDate Aug<31>2005 17:40 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCE0.SGM 02OCE0 jlentini on PROD1PC65 with FRE0 VerDate Aug<31>2005 17:40 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCE0.SGM 02OCE0 jlentini on PROD1PC65 with FRE0 56165
Federal Register Presidential Documents Vol. 72, No. 190
Tuesday, October 2, 2007
Title 3— Executive Order 13445 of September 27, 2007
The President Strengthening Adult Education
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to use existing Federal programs that serve adults, including new Americans, to strengthen literacy skills, improve opportunities for postsecondary education and employment, and facilitate participation in American life. Sec. 2. Definitions. As used in this order: (a) ‘‘agency’’ means an executive agency as defined in section 105 of title 5, United States Code, other than the Government Accountability Office; and (b) ‘‘adult education’’ means teaching or instruction below the postsec- ondary level, for individuals who are 16 years of age or older, designed to provide: (i) mastery of basic education skills needed to function effectively in society; (ii) a secondary school diploma or its equivalent; or (iii) the ability to speak, read, or write the English language. Sec. 3. Establishment of Interagency Adult Education Working Group. The Secretary of Education shall establish within the Department of Education for administrative purposes only, an Interagency Adult Education Working Group (Working Group), consistent with this order. Sec. 4. Membership and Operation of the Working Group. (a) The Working Group shall consist exclusively of: (i) the Secretary of Education, who shall serve as Chair; (ii) the Secretary of the Treasury, the Attorney General, and the Secretaries of the Interior, Labor, Health and Human Services, Housing and Urban Development, and Veterans Affairs; and (iii) other officers or full-time or permanent part-time employees of the United States, as determined by the Chair, with the concurrence of the head of the agency concerned. (b) The Chair, or the Chair’s designee under subsection (c) of this section, in implementing section 5 of this order, shall convene and preside at the meetings of the Working Group, determine its agenda, direct its work, and establish and direct subgroups of the Working Group, as appropriate to deal with particular subject matters, that shall consist exclusively of members of the Working Group or their designees under subsection (c) of this section. (c) A member of the Working Group may designate, to perform the Working Group or Working Group subgroup functions of the member, any person who is a part of the member’s agency and who is either an officer of the United States appointed by the President or a member of the Senior Executive Service. Sec. 5. Functions of the Working Group. Consistent with the policy set forth in section 1 of this order, the Working Group shall: (a) identify Federal programs that:
VerDate Aug<31>2005 17:40 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 jlentini on PROD1PC65 with FRE0 56166 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
(i) focus primarily on improving the basic education skills of adults; (ii) have the goal of transitioning adults from basic literacy to postsecondary education, training, or employment; or (iii) constitute programs of adult education; (b) as appropriate, review the programs identified under subsection (a) of this section and submit to the heads of the agencies administering those programs recommendations to: (i) promote the transition of adults from such programs to postsecondary education, training, or employment; (ii) increase the effectiveness, efficiency, and availability of such programs; (iii) minimize unnecessary duplication among such programs; (iv) measure and evaluate the performance of such programs; and (v) undertake and disseminate the results of research related to such programs; (c) identify gaps in the research about effective ways to teach adult edu- cation for postsecondary readiness, recommend areas for further research to improve adult education programs and services, and identify promising practices in disseminating valid existing and future research findings; and (d) obtain information and advice as appropriate, in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation, concerning adult education from: (i) State, local, territorial, and tribal officials; and (ii) representatives of entities or other individuals; (e) at the request of the head of an agency, unless the Chair declines the request, promptly review and provide advice on a proposed action by that agency relating to adult education; and (f) report to the President, through the Assistant to the President for Domestic Policy, on its work, and on the implementation of any rec- ommendations arising from its work, at such times and in such formats as the Chair may specify, with the first such report to be submitted no later than 9 months after the date of this order. Sec. 6. Administration of the Working Group. (a) To the extent permitted by law, the Department of Education shall provide the funding and adminis- trative support the Working Group needs, as determined by the Chair, to implement this order. (b) The heads of agencies shall provide, as appropriate, such assistance and information as the Chair may request to implement this order. Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency or the head thereof; or (ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
VerDate Aug<31>2005 17:40 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 jlentini on PROD1PC65 with FRE0 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56167
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE, September 27, 2007.
[FR Doc. 07–4890 Filed 10–1–07; 8:45 am] Billing code 3195–01–P
VerDate Aug<31>2005 17:40 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCE0.SGM 02OCE0 jlentini on PROD1PC65 with FRE0 GWBOLD.EPS Tuesday, October 2, 2007
Part V
The President Proclamation 8180—To Provide for Duty Elimination for Certain Goods of Mexico Under the North American Free Trade Agreement Executive Order 13446—Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders Executive Order 13447—Further 2007 Amendments to the Manual for Courts- Martial, United States
VerDate Aug<31>2005 17:42 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCD0.SGM 02OCD0 jlentini on PROD1PC65 with FRD0 VerDate Aug<31>2005 17:42 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCD0.SGM 02OCD0 jlentini on PROD1PC65 with FRD0 56171
Federal Register Presidential Documents Vol. 72, No. 190
Tuesday, October 2, 2007
Title 3— Proclamation 8180 of September 28, 2007
The President To Provide for Duty Elimination for Certain Goods of Mexico Under the North American Free Trade Agreement
By the President of the United States of America
A Proclamation 1. On December 17, 1992, the Governments of Canada, Mexico, and the United States of America entered into the North American Free Trade Agree- ment (NAFTA). The NAFTA was approved by the Congress in section 101(a) of the North American Free Trade Agreement Implementation Act (Public Law 103–182) (the ‘‘NAFTA Implementation Act’’) (19 U.S.C. 3311(a)) and was implemented with respect to the United States by Presidential Proclama- tion 6641 of December 15, 1993. 2. Section 201(b) of the NAFTA Implementation Act (19 U.S.C. 3331(b)) authorizes the President, subject to the consultation and layover requirements of section 103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)), to proclaim accelerated schedules of duty elimination that the United States may agree to with Mexico or Canada. Consistent with Article 302(3) of the NAFTA, I, through my duly empowered representative, have entered into an agreement with the Government of Mexico providing for an acceler- ated schedule of duty elimination for specific goods of Mexico. The consulta- tion and layover requirements of section 103(a) of the NAFTA Implementa- tion Act with respect to such schedule of duty elimination have been satis- fied. 3. Pursuant to section 201(b) of the NAFTA Implementation Act, I have determined that the modifications herein proclaimed of duties on goods originating in the territory of Mexico are necessary or appropriate to maintain the general level of reciprocal and mutually advantageous concessions with respect to Mexico provided for by the NAFTA, and to carry out the agreement with Mexico providing an accelerated schedule of duty elimination for spe- cific goods. 4. Section 604 of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of relevant provi- sions of that Act, or other acts affecting import treatment, and actions taken thereunder. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 201(b) of the NAFTA Implementation Act and section 604 of the 1974 Act, do proclaim that: (1) In order to provide an accelerated schedule of duty elimination for specific goods of Mexico under the terms of general note 12 to the HTS, the tariff treatment set forth in the HTS is modified as provided in the Annex to this proclamation. (2) The amendments made to the HTS by the Annex to this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after October 1, 2007.
VerDate Aug<31>2005 17:42 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCD0.SGM 02OCD0 jlentini on PROD1PC65 with FRD0 56172 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
(3) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of September, in the year of our Lord two thousand seven, and of the Independence of the United States of America the two hundred and thirty-second.
Billing code 3195–01–P
VerDate Aug<31>2005 17:42 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCD0.SGM 02OCD0 jlentini on PROD1PC65 with FRD0 GWBOLD.EPS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56173
[FR Doc. 07–4905
Filed 10–1–07; 9:47 am] Billing code 3190–01–C
VerDate Aug<31>2005 17:42 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\02OCD0.SGM 02OCD0 jlentini on PROD1PC65 with FRD0 ED02OC07.003 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56175 Presidential Documents
Executive Order 13446 of September 28, 2007
Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders
By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until September 30, 2009. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; section 3 of Executive Order 13231, as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (d) President’s Board of Advisors on Historically Black Colleges and Univer- sities; Executive Order 13256 (Department of Education). (e) President’s Board of Advisors on Tribal Colleges and Universities; Execu- tive Order 13270 (Department of Education). (f) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President’s Committee for People with Intellectual Disabilities; Executive Order 12994, as amended (Department of Health and Human Services). (h) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (i) President’s Committee on the International Labor Organization; Executive Order 12216, as amended (Department of Labor). (j) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (k) President’s Council of Advisors on Science and Technology; Executive Order 13226, as amended (Office of Science and Technology Policy). (l) President’s Council on Bioethics; Executive Order 13237 (Department of Health and Human Services). (m) President’s Council on Physical Fitness and Sports; Executive Order 13265 (Department of Health and Human Services). (n) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (o) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (p) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after
VerDate Aug<31>2005 19:12 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE1.SGM 02OCE1 hsrobinson on PROD1PC76 with PROPOSALS6 56176 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
each committee, in accordance with the guidelines and procedures estab- lished by the Administrator of General Services. Sec. 3. The following Executive Order, which established a committee whose work has been completed, is revoked: Executive Order 13369, as amended by Executive Orders 13379 and 13386, establishing the President’s Advisory Panel on Federal Tax Reform. Sec. 4. Sections 1 and 2 of Executive Order 13385 are superseded by sections 1 and 2 of this order. Sec. 5. Executive Order 12994, as amended (President’s Committee for People with Intellectual Disabilities) is further amended to read as follows: ‘‘By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote full participation of people with intellectual disabilities in their communities, it is hereby ordered as follows: ‘‘Section 1. Committee Continued and Responsibilities Expanded. The President’s Committee on Mental Retardation, with expanded member- ship and expanded responsibilities, and renamed the President’s Com- mittee for People with Intellectual Disabilities (Committee), is hereby continued in operation. ‘‘Sec. 2. Composition of Committee. (a) The Committee shall be com- posed of the following members: (1) The Attorney General; (2) The Secretary of the Interior; (3) The Secretary of Commerce; (4) The Secretary of Labor; (5) The Secretary of Health and Human Services; (6) The Secretary of Housing and Urban Development; (7) The Secretary of Transportation; (8) The Secretary of Education; (9) The Secretary of Homeland Security; (10) The Chief Executive Officer of the Corporation for National and Community Service; (11) The Commissioner of Social Security; (12) The Chairman of the Equal Employment Opportunity Commis- sion; (13) The Chairperson of the National Council on Disability; and (14) No more than 21 other members who shall be appointed to the Committee by the President. These citizen members shall consist of individuals who represent a broad spectrum of perspectives, experi- ence, and expertise on intellectual disabilities; persons with intellec- tual disabilities and members of families with a child or adult with intellectual disabilities; and persons employed in either the public or the private sector. Except as the President may from time to time oth- erwise direct, appointees under this paragraph shall serve for two-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term. ‘‘(b) The President shall designate the Chair of the Committee from the 21 citizen members. The Chair shall preside over meetings of the Committee and represent the Committee on appropriate occasions. ‘‘Sec. 3. Functions of the Committee. (a) Consistent with subsection (c) of this section, the Committee shall: (1) provide such advice concerning intellectual disabilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the following for peo- ple with intellectual disabilities: (A) expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options;
VerDate Aug<31>2005 19:12 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE1.SGM 02OCE1 hsrobinson on PROD1PC76 with PROPOSALS6 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56177
(E) expansion of full access to community living; and (F) increasing access to assistive and universally designed tech- nologies. ‘‘(b) The Committee shall provide an annual report to the President through the Secretary of Health and Human Services. Such additional reports may be made as the President may direct or as the Committee may deem appropriate. ‘‘(c) The members shall advise the President and carry out their advi- sory role consistent with the requirements of the Federal Advisory Committee Act, as amended (5 U.S.C. App.). ‘‘Sec. 4. Cooperation by Agencies. The heads of Federal departments and agencies shall: ‘‘(a) designate, when requested by the Secretary of Health and Human Services, an officer or employee of such department or agency to serve as a liaison with the Committee; and ‘‘(b) furnish such information and assistance to the Committee, to the extent permitted by law, as the Secretary of Health and Human Serv- ices may request to assist the Committee in performing its functions under this order. ‘‘Sec. 5. Administration. (a) The Department of Health and Human Services shall provide the Committee with necessary staff support, ad- ministrative services and facilities, and funding, to the extent per- mitted by law. ‘‘(b) Each member of the Committee, except any member who receives other compensation from the United States Government, may receive compensation for each day engaged in the work of the Committee, as authorized by law (5 U.S.C. 3109), and may also receive travel ex- penses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5701–5707), for persons employed intermittently in the Government service. Committee members with disabilities may be compensated for attendant expenses, consistent with Government pro- cedures and practices. ‘‘(c) The Secretary of Health and Human Services shall perform such other functions with respect to the Committee as may be required by the Federal Advisory Committee Act, as amended (5 U.S.C. App.), ex- cept that of reporting to the Congress. ‘‘Sec. 6. General. (a) Nothing in this order shall be construed as sub- jecting any Federal agency, or any function vested by law in, or as- signed pursuant to law to, any Federal agency, to the authority of the Committee or as abrogating or restricting any such function in any manner.
VerDate Aug<31>2005 19:12 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE1.SGM 02OCE1 hsrobinson on PROD1PC76 with PROPOSALS6 56178 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
‘‘(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instru- mentalities, or entities, its officers or employees, or any other per- son.’’. Sec. 6. This order shall be effective September 30, 2007.
THE WHITE HOUSE, September 28, 2007.
[FR Doc. 07–4906 Filed 10–1–07; 9:47 am] Billing code 3195–01–P
VerDate Aug<31>2005 19:12 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE1.SGM 02OCE1 hsrobinson on PROD1PC76 with PROPOSALS6 GWBOLD.EPS Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56179 Presidential Documents
Executive Order 13447 of September 28, 2007
Further 2007 Amendments to the Manual for Courts-Martial, United States
By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order 12473, as amended, it is hereby ordered as follows: Section 1. The second subparagraph of paragraph 4, of Part I, of the Manual for Courts-Martial, United States, as amended by section 2 of Executive Order 13262 of April 11, 2002, is amended by striking the third sentence. Sec. 2. Parts II, III, and IV of the Manual for Courts- Martial, United States, are amended as described in the Annex attached and made a part of this order. Sec. 3. These amendments shall take effect on October 1, 2007. (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to October 1, 2007, that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any non- judicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to October 1, 2007, and any such nonjudicial punishment, restraint, investigation, refer- ral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed.
THE WHITE HOUSE, September 28, 2007.
Billing code 3195–01–P
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 GWBOLD.EPS 56180 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.004 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56181
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.005 56182 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.006 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56183
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.007 56184 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.008 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56185
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.009 56186 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.010 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56187
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.011 56188 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.012 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56189
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00011 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.013 56190 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00012 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.014 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56191
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00013 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.015 56192 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.016 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56193
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00015 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.017 56194 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00016 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.018 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56195
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00017 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.019 56196 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00018 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.020 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56197
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00019 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.021 56198 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00020 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.022 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56199
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00021 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.023 56200 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00022 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.024 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56201
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00023 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.025 56202 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00024 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.026 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56203
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00025 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.027 56204 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00026 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.028 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56205
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.029 56206 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00028 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.030 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56207
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00029 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.031 56208 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00030 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.032 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56209
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00031 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.033 56210 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00032 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.034 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56211
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00033 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.035 56212 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00034 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.036 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56213
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00035 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.037 56214 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00036 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.038 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56215
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00037 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.039 56216 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00038 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.040 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56217
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00039 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.041 56218 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00040 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.042 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56219
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00041 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.043 56220 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00042 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.044 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56221
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00043 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.045 56222 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00044 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.046 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56223
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00045 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.047 56224 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00046 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.048 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56225
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00047 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.049 56226 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00048 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.050 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56227
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00049 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.051 56228 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00050 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.052 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56229
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00051 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.053 56230 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00052 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.054 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56231
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00053 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.055 56232 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00054 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.056 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56233
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00055 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.057 56234 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00056 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.058 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56235
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00057 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.059 56236 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00058 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.060 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56237
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00059 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.061 56238 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00060 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.062 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents 56239
[FR Doc. 07–4907
Filed 10–1–07; 9:47 am] Billing code 5060–06–C
VerDate Aug<31>2005 17:46 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00061 Fmt 4790 Sfmt 4790 E:\FR\FM\02OCE2.SGM 02OCE2 jlentini on PROD1PC65 with FRE2 ED02OC07.063 i
Reader Aids Federal Register Vol. 72, No. 190 Tuesday, October 2, 2007
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 3 CFR 32...... 55864 Presidential Documents 33...... 55864 Executive orders and proclamations 741–6000 Proclamations: 35...... 55864 The United States Government Manual 741–6000 6641 (See 50...... 55864 Proclamation 8180) ...... 56171 61...... 55864 Other Services 8180...... 56171 62...... 55864 Electronic and on-line services (voice) 741–6020 Executive Orders: 72...... 55864 Privacy Act Compilation 741–6064 11145 (Continued by 110...... 55864 Public Laws Update Service (numbers, dates, etc.) 741–6043 EO 13446)...... 56175 150...... 55864 170...... 55864 TTY for the deaf-and-hard-of-hearing 741–6086 11183 (Continued by EO 13446)...... 56175 171...... 55864 11287 (Continued by 12 CFR ELECTRONIC RESEARCH EO 13446)...... 56175 12131 (Continued by 204...... 55655 World Wide Web EO 13446)...... 56175 14 CFR Full text of the daily Federal Register, CFR and other publications 12196 (Continued by 39...... 55657 is located at: http://www.gpoaccess.gov/nara/index.html EO 13446)...... 56175 12216 (Continued by 95...... 56009 Federal Register information and research tools, including Public EO 13446)...... 56175 15 CFR Inspection List, indexes, and links to GPO Access are located at: 12367 (Continued by l http://www.archives.gov/federal register EO 13446)...... 56175 748...... 56010 E-mail 12382 (Continued by 18 CFR EO 13446)...... 56175 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 12473 (See Proposed Rules: 806...... 55711 an open e-mail service that provides subscribers with a digital EO 13447) ...... 56179 808...... 55711 form of the Federal Register Table of Contents. The digital form 12905 (Continued by of the Federal Register Table of Contents includes HTML and EO 13446)...... 56175 21 CFR PDF links to the full text of each document. 12994 (Amended by Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select EO 13446)...... 56175 1314...... 55712 Online mailing list archives, FEDREGTOC-L, Join or leave the list 13226 (Continued by (or change settings); then follow the instructions. EO 13446)...... 56175 24 CFR 13231 (Continued by PENS (Public Law Electronic Notification Service) is an e-mail 203...... 56002, 56156 EO 13446)...... 56175 service that notifies subscribers of recently enacted laws. 13237 (Continued by 32 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html EO 13446)...... 56175 213...... 56011 and select Join or leave the list (or change settings); then follow 13256 (Continued by Proposed Rules: the instructions. EO 13446)...... 56175 212...... 56021 FEDREGTOC-L and PENS are mailing lists only. We cannot 13262 (See respond to specific inquiries. EO 13447) ...... 56179 33 CFR 13265 (Continued by 117...... 56013 Reference questions. Send questions and comments about the EO 13446)...... 56175 Federal Register system to: [email protected] 165...... 56014 13270 (Continued by Proposed Rules: The Federal Register staff cannot interpret specific documents or EO 13446)...... 56175 117...... 56025 regulations. 13369 (Revoked by EO 13446)...... 56175 38 CFR FEDERAL REGISTER PAGES AND DATE, OCTOBER 13379 Proposed Rules: (See EO 13446) ...... 56175 5...... 56136 55655–56008...... 1 13385 (Superseded in 40 CFR 56009–56240...... 2 part by EO 13446)...... 56175 13386 51...... 55657 (See EO 13446) ...... 56175 52 ...... 55659, 55664, 55666 13445...... 56165 97...... 55657, 55666 13446...... 56175 Proposed Rules: 13447...... 56179 51...... 55717 52...... 55723 5 CFR Proposed Rules: 42 CFR 352...... 56019 418...... 55672 Proposed Rules: 10 CFR 71...... 55729 20...... 55864 30...... 55864 47 CFR 31...... 55864 1...... 56015
VerDate Aug 31 2005 20:22 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\02OCCU.LOC 02OCCU pwalker on PROD1PC71 with PROPOSALS4 ii Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Reader Aids
22...... 56015 171...... 55678 382...... 55697 395...... 55697 24...... 56015 172...... 55678 383...... 55697 397...... 55697 27...... 56015 173...... 55678 384...... 55697 Proposed Rules: 90...... 56015 174...... 55678 385...... 55697 565...... 56027 101...... 55673 175...... 55678 386...... 55697 176...... 55678 387...... 55697 50 CFR 49 CFR 178...... 55678 388...... 55697 648...... 55704 105...... 55678 179...... 55678 389...... 55697 660 ...... 55706, 55707, 55708, 106...... 55678 180...... 55678 390...... 55697 55709 107...... 55678 365...... 55697 391...... 55697 679...... 56016, 56017 110...... 55678 369...... 55697 392...... 55697 Proposed Rules: 130...... 55678 381...... 55697 393...... 55697 635...... 55729, 56036
VerDate Aug 31 2005 20:22 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\02OCCU.LOC 02OCCU pwalker on PROD1PC71 with PROPOSALS4 Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Reader Aids iii
REMINDERS published 8-13-07 [FR E7- Continuous instrumental test Revising Budget Period The items in this list were 15815] methods; harmonization, Limitation for research editorially compiled as an aid Plant-related quarantine, simplification, and update; Grants and Cooperative to Federal Register users. foreign: technical amendments; Agreements; comments Inclusion or exclusion from Nursery stock; comments comments due by 10-9- due by 10-12-07; this list has no legal due by 10-9-07; published 07; published 9-7-07 [FR published 9-12-07 [FR E7- significance. 8-8-07 [FR E7-15421] E7-17415] 18000] COMMERCE DEPARTMENT Air programs: Pesticides; tolerances in food, National Oceanic and Ambient air quality animal feeds, and raw RULES GOING INTO Atmospheric Administration standards, national— agricultural commodities: EFFECT OCTOBER 2, Fishery conservation and 8-hour ozone standard; Acephate, chlorpyrifos, 2007 management: level revised to provide fenbutatin-oxide (hexakis), Alaska; fisheries of increased protection for etc.; comments due by children and other at- 10-9-07; published 8-8-07 COMMERCE DEPARTMENT Exclusive Economic Zone— risk populations; [FR E7-15336] Industry and Security comments due by 10-9- Pollock; comments due by Dimethenamid; comments Bureau 07; published 7-11-07 10-10-07; published 9- due by 10-9-07; published Export administration [FR E7-12416] 28-07 [FR 07-04798] 8-8-07 [FR E7-15112] regulations: Mercury monitoring systems Pollock in statistical area Fenazaquin, 4-tert- Commerce Control List— installed on combustion 630 of the Alaskan butylphenethyl quinazolin- flue gas streams; relative India: export and reexport Gulf; comments due by 4-yl ether; comments due accuracy test audits, license requirements; 10-9-07; published 9-26- by 10-9-07; published 8-8- optional methods; etc.; published 10-2-07 07 [FR 07-04729] 07 [FR E7-15334] comments due by 10-9- ENVIRONMENTAL Superfund program: Pollock in statistical area 07; published 9-7-07 [FR PROTECTION AGENCY National oil and hazardous of 620 in the Alaskan E7-16852] Gulf; comments due by substances contingency Air quality implementation Air programs; approval and 10-9-07; published 9-26- plan priorities list; plans; approval and promulgation; State plans promulgation; various 07 [FR 07-04730] comments due by 10-11- for designated facilities and 07; published 9-11-07 [FR States: Shallow-water species; pollutants: opening to vessels E7-17750] Michigan; published 8-3-07 Minnesota; comments due using trawl gear in Gulf Water pollution control: Cross-media electronic by 10-11-07; published 9- of Alaska; comments reporting: 11-07 [FR 07-04380] Mercury monitoring systems; due by 10-9-07; relative accuracy test Authorized programs; rule Air quality implementation published 9-26-07 [FR audits; comments due by deadline extension; plans; approval and 07-04728] 10-9-07; published 9-7-07 published 8-3-07 promulgation; various Atlantic highly migratory [FR 07-04147] States: TRANSPORTATION species— Michigan; comments due by FEDERAL DEPARTMENT Atlantic shark; comments 10-12-07; published 9-12- COMMUNICATIONS Federal Aviation due by 10-10-07; 07 [FR E7-18026] COMMISSION Administration published 7-27-07 [FR Radio stations; table of E7-14536] Minnesota; comments due Airworthiness directives: by 10-11-07; published 9- assignments: Airbus; published 8-28-07 COMMERCE DEPARTMENT 11-07 [FR E7-17715] Colorado; comments due by Boeing; published 8-28-07 Patent and Trademark Office New Hampshire; comments 10-8-07; published 9-6-07 Empresa Brasileira de Patent cases: due by 10-10-07; [FR E7-17438] Aeronautica S.A. Examination of patent published 9-10-07 [FR E7- Nebraska; comments due by (EMBRAER); published 8- applications that include 17633] 10-8-07; published 9-6-07 28-07 claims containing North Carolina; comments [FR E7-17446] alternative language; Enstrom Helicopter Corp.; due by 10-12-07; Television broadcasting: comments due by 10-9- published 8-28-07 published 9-12-07 [FR E7- Advanced television (ATV) 07; published 8-10-07 [FR 17797] systems— Gulfstream; published 8-28- E7-15591] 07 Air quality implementation Digital television transition; ENERGY DEPARTMENT plans; approval and Learjet; published 8-28-07 DTV table of allotments; Energy Efficiency and promulgation; various comments due by 10- McDonnell Douglas; Renewable Energy Office States; air quality planning 10-07; published 9-10- published 8-28-07 Energy conservation: purposes; designation of 07 [FR E7-17643] Pacific Aerospace Ltd.; Commercial and industrial areas: published 8-28-07 FEDERAL RESERVE equipment; energy Pennsylvania; comments SYSTEM efficiency program— due by 10-11-07; Truth in lending (Regulation published 9-11-07 [FR E7- COMMENTS DUE NEXT Commercial ice-cream Z): WEEK freezers, self-contained 17890] commercial refrigerators, Air quality implementation Open-end credit disclosures; freezers, and plans; approval and format, timing, and AGRICULTURE refrigerator-freezers promulgation; various content requirements; DEPARTMENT without doors, etc.; States: comments due by 10-12- 07; published 6-14-07 [FR Animal and Plant Health standards; meeting; South Carolina; comments 07-02656] Inspection Service comments due by 10-9- due by 10-12-07; Exportation and importation of 07; published 7-26-07 published 9-12-07 [FR E7- HEALTH AND HUMAN animals and animal [FR 07-03640] 17979] SERVICES DEPARTMENT products: ENVIRONMENTAL Virginia; comments due by Centers for Medicare & Table eggs from regions PROTECTION AGENCY 10-12-07; published 9-12- Medicaid Services where exotic Newcastle Air pollution; standards of 07 [FR E7-17977] Medicaid: disease exists; comments performance for new Grants and cooperative Rehabilitative services due by 10-12-07; stationary sources: agreements; availability, etc.: coverage; comments due
VerDate Aug 31 2005 20:22 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\02OCCU.LOC 02OCCU pwalker on PROD1PC71 with PROPOSALS4 iv Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Reader Aids
by 10-12-07; published 8- 07; published 8-10-07 [FR comments due by 10- Update Service) on 202–741– 13-07 [FR 07-03925] E7-15506] 12-07; published 9-12- 6043. This list is also HOMELAND SECURITY SOCIAL SECURITY 07 [FR E7-18013] available online at http:// DEPARTMENT ADMINISTRATION Transport category www.archives.gov/federal- register/laws.html. Coast Guard Social security benefits and airplanes— Ports and waterways safety; supplemental security Operators of private use The text of laws is not regulated navigation areas, income: airplanes; cabin interior published in the Federal safety zones, security Federal old age, survivors, criteria; comments due Register but may be ordered zones, etc.: and disability insurance by 10-11-07; published in ‘‘slip law’’ (individual 7-13-07 [FR E7-13582] Motts Channel/Banks and aged, blind, and pamphlet) form from the Channel, Wrightsville disabled— TRANSPORTATION Superintendent of Documents, Beach, NC; comments Attorney Advisory DEPARTMENT U.S. Government Printing due by 10-10-07; program; amendment; Federal Highway Office, Washington, DC 20402 published 9-14-07 [FR E7- comments due by 10-9- Administration (phone, 202–512–1808). The 18138] 07; published 8-9-07 National Environmental Policy text will also be made [FR E7-15422] available on the Internet from INTERIOR DEPARTMENT Act; implementation; Ticket to Work Self-Sufficiency comments due by 10-9-07; GPO Access at http:// Fish and Wildlife Service Program; improvements; published 8-7-07 [FR 07- www.gpoaccess.gov/plaws/ Endangered and threatened comments due by 10-12-07; 03781] index.html. Some laws may species: not yet be available. published 8-13-07 [FR E7- TRANSPORTATION Critical habitat 15715] DEPARTMENT designations— H.R. 954/P.L. 110–87 TENNESSEE VALLEY Federal Transit To designate the facility of the Tidewater goby; AUTHORITY Administration comments due by 10- United States Postal Service Practice and procedure: National Environmental Policy 10-07; published 9-25- located at 365 West 125th Act; implementation; 07 [FR E7-18632] Testimony by agency Street in New York, New employees, production of comments due by 10-9-07; Gray wolves in northern York, as the ‘‘Percy Sutton official records, and published 8-7-07 [FR 07- Post Office Building’’. (Sept. Rocky Mountains; Central disclosure of official 03781] Idaho and Yellowstone 28, 2007; 121 Stat. 980) information in legal TRANSPORTATION area nonessential H.R. 3218/P.L. 110–88 proceedings; comments DEPARTMENT experimental populations; due by 10-10-07; To designate a portion of comments due by 10-11- National Highway Traffic published 9-10-07 [FR E7- Safety Administration Interstate Route 395 located 07; published 9-11-07 [FR 17722] in Baltimore, Maryland, as E7-17823] Motor vehicle safety TRANSPORTATION ‘‘Cal Ripken Way’’. (Sept. 28, LABOR DEPARTMENT standards: 2007; 121 Stat. 981) DEPARTMENT Tires; performance Occupational Safety and Federal Aviation requirements; response to H.R. 3375/P.L. 110–89 Health Administration Administration reconsideration petitions; To extend the trade Occupational safety and health Airworthiness directives: comments due by 10-12- adjustment assistance program standards: Airbus; comments due by 07; published 8-28-07 [FR under the Trade Act of 1974 Methylene chloride standard; 10-9-07; published 9-7-07 E7-16934] for 3 months. (Sept. 28, 2007; Regulatory Flexibility Act [FR E7-17686] TREASURY DEPARTMENT 121 Stat. 982) review; comments due by Boeing; comments due by Last List October 1, 2007 10-9-07; published 7-10- Internal Revenue Service 10-9-07; published 8-23- 07 [FR E7-13208] Employment taxes and 07 [FR E7-16656] collection of income taxes at Procedures for handling Fokker; comments due by source: retaliation complaints under Public Laws Electronic 10-11-07; published 9-11- Payment card transactions; Notification Service Federal employee protection 07 [FR E7-17831] statutes; comments due by information reporting (PENS) 10-9-07; published 8-10-07 Saab; comments due by 10- requirements and [FR E7-15539] 11-07; published 9-11-07 penalties and backup [FR E7-17832] withholding requirements; PENS is a free electronic mail POSTAL SERVICE Taylorcraft; comments due comments due by 10-9- notification service of newly Domestic Mail Manual: by 10-12-07; published 8- 07; published 7-13-07 [FR enacted public laws. To Postage and fee refunds; 13-07 [FR E7-15581] E7-13493] subscribe, go to http:// comments due by 10-12- Teledyne Continental listserv.gsa.gov/archives/ 07; published 9-12-07 [FR Motors; comments due by publaws-l.html E7-18035] 10-9-07; published 8-8-07 LIST OF PUBLIC LAWS [FR 07-03840] Note: This service is strictly SECURITIES AND This is a continuing list of for E-mail notification of new EXCHANGE COMMISSION Airworthiness standards: public bills from the current laws. The text of laws is not Securities: Special conditions— session of Congress which available through this service. Registration provisions; Malibu Power & Propeller have become Federal laws. It PENS cannot respond to limited offer exemptions; Int’l, LLC, PA-46-310P may be used in conjunction specific inquiries sent to this comments due by 10-9- and PA-46-350P; with ‘‘PLUS’’ (Public Laws address.
VerDate Aug 31 2005 20:22 Oct 01, 2007 Jkt 214001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\02OCCU.LOC 02OCCU pwalker on PROD1PC71 with PROPOSALS4