8–1–08 Friday Vol. 73 No. 149 August 1, 2008

Pages 44897–45152

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Contents Federal Register Vol. 73, No. 149

Friday, August 1, 2008

Agricultural Marketing Service Committee for Purchase From People Who Are Blind or RULES Severely Disabled Mandatory Country of Origin Labeling of Beef, Pork, Lamb, NOTICES Chicken, Goat Meat, Perishable Agricultural Procurement List Proposed Additions and Deletions, Commodities, Peanuts, Pecans, Ginseng, and 44959–44961 Macadamia Nuts, 45106–45151 Commodity Futures Trading Commission Agriculture Department PROPOSED RULES See Agricultural Marketing Service Confidential Information and Commission Records and See Cooperative State Research, Education, and Extension Information, 44939–44945 Service See Forest Service Cooperative State Research, Education, and Extension Alcohol and Tobacco Tax and Trade Bureau Service PROPOSED RULES Distilled Spirits Plant Regulations (2001R-194P); Proposed RULES Revision, 44952 Competitive and Noncompetitive Non-formula Grant Programs, General Grant Administrative Provisions, Army Department etc., 44897–44909 NOTICES Privacy Act; Systems of Records, 44974–44978 Defense Department See Army Department Blind or Severely Disabled, Committee for Purchase From See Navy Department People Who Are NOTICES See Committee for Purchase From People Who Are Blind Meetings: or Severely Disabled Defense Advisory Board for Employer Support of the Guard and Reserve, 44973 Bonneville Power Administration Defense Science Board, 44973–44974 NOTICES Record of Decision: Libby to Bonners Ferry 115-kilovolt Transmission Line Delaware River Basin Commission Project, MT, 44979–44980 PROPOSED RULES Water Code and Comprehensive Plan to Implement a Centers for Disease Control and Prevention Revised Water Audit Approach to Identify and Control NOTICES Water Loss, 44945–44946 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45010–45013 Election Assistance Commission NOTICES Centers for Medicare & Medicaid Services Meetings; Sunshine Act, 44979 PROPOSED RULES Medicare Program: Energy Department Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B (2009 CY); Correction, See Bonneville Power Administration 44952–44953 See Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Environmental Protection Agency Submissions, and Approvals, 45013–45014 RULES Approval and Promulgation of State Implementation Plans: Coast Guard Idaho, 44915–44921 RULES Outer Continental Shelf Air Regulations Update to Include Safety Zone: New York State Requirements, 44921–44924 Safety Zone; Bollotta & Associates USS Midway NOTICES Fireworks Display; San Diego Harbor, San Diego, CA, Clean Water Act Class II: 44911–44913 Proposed Administrative Settlement, Penalty Assessment Seafair Fireworks, Lake Washington, WA, 44913–44915 and Opportunity to Comment Regarding Windstream Corp., 44988–44990 Commerce Department Environmental Impact Statements; Availability, etc.: See International Trade Administration Comments Availability, 44990–44991 See National Oceanic and Atmospheric Administration Weekly receipt, 44991 See National Telecommunications and Information Interim Approach to Applying the Audit Policy to New Administration Owners, 44991–45006

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Federal Aviation Administration FFP Missouri 14, LLC, 44987 RULES FFP Missouri 15, LLC, 44987–44988 Standard Instrument Approach Procedures, and Takeoff Request Under Blanket Authorization: Minimums and Obstacle Departure Procedures; CenterPoint Energy Gas Transmission Co., 44988 Miscellaneous Amendments, 44909–44911 PROPOSED RULES Federal Highway Administration Airworthiness Directives: NOTICES McDonnell Douglas Model DC-9-14, DC-9-15, and DC 9 Agency Information Collection Activities; Proposals, 15F Airplanes, and DC-9-20, DC-9-30, DC-9-40, and Submissions, and Approvals, 45094–45096 DC-9-50 Series Airplanes, 44937–44939 NOTICES Federal Maritime Commission Meetings: NOTICES Special Committee 209, ATCRBS/Mode S Transponder Meetings; Sunshine Act, 45008 MOPS Maintenance, 45093–45094 Petition for Exemption; Summary of Petition Received, Federal Railroad Administration 45094 NOTICES Petition for Waiver of Compliance, 45096–45097 Federal Communications Commission NOTICES Federal Reserve System Certification of State Telecommunications Relay Service NOTICES Programs, 45006–45008 Change in Bank Control Notices; Acquisition of Shares of Digital Wireless Handset Manufacturers and Public Mobile Bank or Bank Holding Companies, 45008–45009 Service Providers; Obligation to Designate an Agent for Formations of, Acquisitions by, and Mergers of Bank Hearing Aid Compatibility Issues, 45008 Holding Companies, 45009 Petitions for Reconsideration of Action in Rulemaking Proposals to Engage in Permissible Nonbanking Activities Proceeding; Correction, 45103 or to Acquire Companies that are Engaged in Federal Emergency Management Agency Permissible Nonbanking Activities, 45009–45010 RULES Final Flood Elevation Determinations, 44924–44927 Federal Transit Administration NOTICES RULES Major Disaster Declaration: Charter Service, 44927–44936 Illinois, 45027 Missouri, 45027 Food and Drug Administration Wisconsin, 45028 NOTICES Major Disasters and Related Determinations: Medical Device User Fee Rates (2009 FY), 45014–45017 Nebraska, 45028–45029 Prescription Drug User Fee Rates (2009 FY), 45017–45022 Texas, 45029 Protection and Recovery Following Radiological Dispersal Foreign Assets Control Office Device and Improvised Nuclear Device Incidents; NOTICES Planning Guidance, 45029–45048 Additional Designations Pursuant to New Zimbabwe Executive Order: Federal Energy Regulatory Commission Blocking Property of Additional Persons Undermining NOTICES Democratic Processes or Institutions, 45101–45102 Applications: Perryville Gas Storage LLC, 44980 Forest Service Wickiup Hydro, LLC, 44980–44982 NOTICES Filings: Environmental Impact Statements; Availability, etc.: Central Maine Power Co. and Maine Public Service Co., Helena National Forest, Lewis and Clark County, MT, 44982 Grazing Reauthorization for Marsh Creek and Commonwealth Edison Company and Commonwealth Tarhead Livestock Allotments, 44957–44958 Edison Company of Indiana, Inc., 44982 Manti-La Sal National Forest, Sanpete Ranger District, Energy Endeavors, LLC, 44982–44983 UT; Sunroc Gypsum Surface Mine Plan of Operation, MATL LLP, 44983 44958–44959 North American Electric Reliability Corp., 44983 SESCO Enterprises, LLC and SESCO Enterprises Canada, General Services Administration Ltd., 44983–44984 PROPOSED RULES Initial Market-Based Rate Filing Includes Request for Acquisition Regulation: Blanket Section 204 Authorization: GSAR Case 2008-G504; Rewrite of GSAR Part 512, Haverhill North Coke Co., 44984 Acquisition of Commercial Items, 44953–44955 Lempster Wind, LLC, 44984 General Services Acquisition Regulation: Locust Ridge II, LLC, 44984–44985 GSAR Case 2007G502; Rewrite of GSAR Part 513, MH Partners LP, 44985 Simplified Acquisition Procedures, 44955–44956 Naturener Glacial Wind Energy 1, LLC, 44985–44986 Naturener Montana Wind Energy, LLC, 44986 Geological Survey Preliminary Permit Application Accepted for Filing: NOTICES FFP Missouri 12, LLC, 44986 Interim Steering Committee for the National Climate FFP Missouri 13, LLC, 44986–44987 Change and Wildlife Science Center, 45049

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Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Agency Information Collection Activities; Proposals, See Centers for Medicare & Medicaid Services Submissions, and Approvals: See Food and Drug Administration Funded Public labor Exchange and Veterans’ See National Institutes of Health Employment and Training Service funded Labor See Substance Abuse and Mental Health Services Exchange, 45075–45076 Administration Trade Adjustment Assistance Reform Act, 45076–45077 Workforce Investment Act, Title 1B Programs, 45077– Homeland Security Department 45078 See Coast Guard See Federal Emergency Management Agency Land Management Bureau See Transportation Security Administration NOTICES NOTICES Alaska Native Claims Selection, 45049–45050 Agency Information Collection Activities; Proposals, Environmental Impact Statement; Availability, etc: Submissions, and Approvals: Truckhaven Geothermal Leasing Area, CA, 45050 CAPTAP Train the Trainer Survey 1670-NEW, 45025– Environmental Impact Statements; Availability, etc.: 45026 Moab Field Office Proposed Resource Management Plan, DHS S&T Tech Clearinghouse Program, 45026–45027 45051–45052 Filing of Plat of Survey: Housing and Urban Development Department Montana, 45052 NOTICES Meetings: Federal Property Suitable as Facilities to Assist the Off-Highway Vehicle and Recreation Transportation Homeless, 45049 Management Sub-group of the Resource Advisory Interior Department Council (Boise District), 45052–45053 Realty Action: See Geological Survey Direct Sale of Public Lands in Clark County, NV, 45053– See Land Management Bureau 45055 See Minerals Management Service See Reclamation Bureau Maritime Administration International Boundary and Water Commission, United NOTICES States and Mexico Administrative Waiver of the Coastwise Trade Laws, NOTICES 45097–45098 Environmental Impact Statements; Availability, etc.: Rio Grande Rectification Project in El Paso and Hudspeth Mexico and United States, International Boundary and Counties, TX, 45070 Water Commission See International Boundary and Water Commission, United International Trade Administration States and Mexico NOTICES Antidumping Duty Order: Steel Nails from the People’s Republic of China, 44961– Millennium Challenge Corporation 44965 NOTICES Antidumping or Countervailing Duty Order, Finding, or Compact with the Government of the Republic of Suspended Investigation: Madagascar; Amendment, 45081–45083 Advance Notification of Sunset Reviews, 44965–44966 Opportunity to Request Administrative Review, 44966– Minerals Management Service 44967 NOTICES Applications for Duty-Free Entry of Scientific Instruments, Agency Information Collection Activities; Proposals, 44968 Submissions, and Approvals, 45055–45065 Initiation of Five-year (’’Sunset’’) Review, 44968–44969 Preparation of a 5-Year Outer Continental Shelf (OCS) Oil Preliminary Intent to Rescind Administrative Review and and Gas Leasing Program, 45065–45070 Rescission in Part: Forged Stainless Steel Flanges from India, 44969–44971 National Institutes of Health International Trade Commission NOTICES NOTICES Meetings: Antidumping Duty: National Advisory Council for Biomedical Imaging and Cut-to-Length Carbon Steel Plate from China, Russia, and Bioengineering, 45023 Ukraine, 45071–45073 National Advisory Council on Alcohol Abuse and Investigations: Alcoholism, 45022–45023 Foam Footwear, 45073–45074 National Eye Institute, 45023 Magnifying Loupe Products and Components, 45074– 45075 National Oceanic and Atmospheric Administration Non-Malleable Cast Iron Pipe Fittings from China, 45075 NOTICES Meetings; Sunshine Act, 45075 Meetings: Gulf of Mexico Fishery Management Council, 44971 Labor Department New England Fishery Management Council, 44971 See Veterans Employment and Training Service Pacific Fishery Management Council, 44972

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National Telecommunications and Information Exemptions: Administration Watco Companies, Inc.; Baton Rouge Southern Railroad, LLC, 45100–45101 NOTICES Lease and Operation Exemptions: Commerce Spectrum Management Advisory Committee; Baton Rouge Southern Railroad, LLC, and the Kansas City Call for Applications, 44972–44973 Southern Railway Co., 45101 Navy Department NOTICES Transportation Department Privacy Act; Systems of Records, 44978–44979 See Federal Aviation Administration See Federal Highway Administration Nuclear Regulatory Commission See Federal Railroad Administration NOTICES See Federal Transit Administration Agency Information Collection Activities; Proposals, See Maritime Administration Submissions, and Approvals, 45083 See Surface Transportation Board Order Approving Indirect Transfer of Facility Operating NOTICES License: Agency Information Collection Activities; Proposals, Entergy Nuclear Operations, Inc. and Entergy Nuclear Submissions, and Approvals: FitzPatrick, LLC, 45083–45089 Regional Center Intake Form (DOT F 4500) and Regional Special Nuclear Materials License No. SNM-42; Receipt of Resource Center Monthly Report Form (DOT F 4502), an Application to Transfer the Control, 45089–45092 45092–45093

Presidio Trust Transportation Security Administration NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Presidio Trust Management Plan, 45092 Submissions, and Approvals, 45103 Railroad Retirement Board TSA Customer Comment Card, 45048–45049 PROPOSED RULES Listing of Impairments and Related Amendments; Removal, Treasury Department 44946–44952 See Alcohol and Tobacco Tax and Trade Bureau See Foreign Assets Control Office Reclamation Bureau NOTICES Glen Canyon Dam Adaptive Management Work Group; Veterans Employment and Training Service Charter Renewal, 45070 NOTICES Stand Down Grant Award Requests (2008-2010 FYs), Substance Abuse and Mental Health Services 45078–45081 Administration

NOTICES Separate Parts In This Issue Current List of Laboratories Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies, 45024–45025 Part II Agriculture Department, Agricultural Marketing Service, Surface Transportation Board 45106–45151 NOTICES Abandonments and Discontinuances of Service: Central Oregon & Pacific Railroad, Inc.; Coos, Douglas, and Lane Counties, OR, 45098–45099 Reader Aids Acquisition and Operation Exemption: Consult the Reader Aids section at the end of this issue for Sierra & Central Pacific Railroad Co., Inc.; Sierra phone numbers, online resources, finding aids, reminders, Northern Railway and Sierra Railroad Co., 45099– and notice of recently enacted public laws. 45100 To subscribe to the Federal Register Table of Contents Continuance in Control Exemption: LISTSERV electronic mailing list, go to http:// Patriot Rail, LLC, Patriot Rail Holdings LLC, and Patriot listserv.access.gpo.gov and select Online mailing list Rail Corp.; Sierra & Central Pacific Railroad archives, FEDREGTOC-L, Join or leave the list (or change Company, Inc, 45100 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 65...... 45106 3430...... 44897 14 CFR 97...... 44909 Proposed Rules: 39...... 44937 17 CFR Proposed Rules: 40...... 44939 41...... 44939 145...... 44939 18 CFR Proposed Rules: 410...... 44945 20 CFR Proposed Rules: 220...... 44946 27 CFR Proposed Rules: 19...... 44952 33 CFR 165 (2 documents) ...... 44911, 44913 40 CFR 52...... 44915 55...... 44921 42 CFR Proposed Rules: 405...... 44952 409...... 44952 410...... 44952 411...... 44952 414...... 44952 415...... 44952 424...... 44952 485...... 44952 486...... 44952 44 CFR 67...... 44924 48 CFR Proposed Rules: 512...... 44953 513...... 44955 552...... 44953 49 CFR 604...... 44927

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Rules and Regulations Federal Register Vol. 73, No. 149

Friday, August 1, 2008

This section of the FEDERAL REGISTER developed for each CSREES grant (NARETPA), as amended, Public Law contains regulatory documents having general program, CSREES will propose adding a 95–113 (7 U.S.C. 3101 et seq.). It applicability and legal effect, most of which subpart for that Federal assistance furthers the streamlining and are keyed to and codified in the Code of program to this regulation. This interim standardization efforts initiated by the Federal Regulations, which is published under rule is being published with a first set Federal Financial Assistance 50 titles pursuant to 44 U.S.C. 1510. of program-specific grant regulations as Management Improvement Act of 1999, The Code of Federal Regulations is sold by subpart F for the Specialty Research Public Law 106–107 (31 U.S.C. 6101 the Superintendent of Documents. Prices of Crop Initiative, authorized under note) which sunset in November 2007, new books are listed in the first FEDERAL section 7311 of FCEA. and is in accordance with the efforts of REGISTER issue of each week. DATES: This interim rule is effective CSREES and the U.S. Department of August 1, 2008. The Agency must Agriculture (USDA) to streamline and receive comments on or before simplify the entire grants process while DEPARTMENT OF AGRICULTURE September 30, 2008. meeting the ever-increasing accountability and transparency Cooperative State Research, ADDRESSES: You may submit comments, standards. Education, and Extension Service identified by RIN 0524–AA28, by any of the following methods: Context 7 CFR Part 3430 Federal eRulemaking Portal: http:// www.regulations.gov. Follow the CSREES has published administrative RIN 0524–AA28 instructions for submitting comments. provisions specific to some of the non- E-mail: [email protected]. formula grant programs it administers. Competitive and Noncompetitive Non- Include Regulatory Information Number These provisions appear in Parts 3400, formula Grant Programs—General (RIN) number 0524–AA28 in the subject Special Research Grants Program; 3401, Grant Administrative Provisions and line of the message. Rangeland Research Grants Program; Program-Specific Administrative Fax: 202–401–7752. 3402, Food and Agricultural Sciences Provisions for the Specialty Crop Mail: Paper, disk or CD–ROM National Needs Graduate and Research Initiative submissions should be submitted to Postgraduate Fellowship Grants AGENCY: Cooperative State Research, Cooperative State Research, Education, Program; 3405, Higher Education Education, and Extension Service, and Extension Service, U.S. Department Challenge Grants Program; 3406, 1890 USDA. of Agriculture, STOP 2299, 1400 Institution Capacity Building Grants ACTION: Interim Rule and request for Independence Avenue, SW., Program; 3411, National Research comments. Washington, DC 20250–2299. Initiative Competitive Grants Program; Hand Delivery/Courier: Cooperative and 3415, Biotechnology Risk SUMMARY: The Cooperative State State Research, Education, and Assessment Research Grants Program of Research, Education, and Extension Extension Service, U.S. Department of 7 CFR. This interim rule will not apply Service (CSREES) is publishing one set Agriculture, Room 2258, Waterfront to the Small Business Research of administrative requirements that Centre, 800 9th Street, SW., Innovation (SBIR) Program with contain elements common to all of the Washington, DC 20024. implementing regulations codified at 7 competitive and noncompetitive non- Instructions: All submissions received CFR 3403. Where the interim formula grant programs the Agency must include the agency name and the administrative provisions conflict with administers as an interim rule. Although RIN for this rulemaking. All comments existing regulations for CSREES this interim rule becomes effective on received will be posted without change administered non-formula grant the date of publication, CSREES is to http://www.regulations.gov, including programs, the existing regulations (i.e., requesting comments for a 60-day any personal information provided. 7 CFR parts 3400 through 3402, 3405, period as identified below. In a FOR FURTHER INFORMATION CONTACT: Erin 3406, 3411, and 3415) for these relatively short period of time, this will Daly, Policy Section Leader, Office of programs will supersede until the allow CSREES to apply basic rules to Extramural Programs, Cooperative State regulation is cancelled or the subpart for grant programs that are currently Research, Education, and Extension that specific program is promulgated operating without them, including new Service, U.S. Department of Agriculture, under this part. non-formula grant programs created by STOP 2299, 1400 Independence Purpose the passage of the Food, Conservation, Avenue, SW., Washington, DC 20250– and Energy Act of 2008 (FCEA) (Pub. L. 2299; Voice: 202–401–3319; Fax: 202– A primary function of CSREES is the 110–234) and to efficiently implement 401–7752; E-mail: fair, effective, and efficient changes to programs with existing [email protected]. administration of Federal assistance regulations as required by FCEA. The programs implementing agricultural provisions in subparts A through E will SUPPLEMENTARY INFORMATION: research, education, and extension serve as a single Agency resource I. Background and Summary programs. The Agency’s development codifying current practices simply and and publication of regulations for its coherently for almost all CSREES Authority non-formula grant programs enhance its competitive and noncompetitive non- This rulemaking is authorized by accountability and standardize formula grant programs except the section 1470 of the National procedures across the grant programs it Small Business Innovation Research Agricultural Research, Extension, and administers while providing (SBIR) Program. As specific rules are Teaching Policy Act of 1977 transparency to the public. More than

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thirty grant programs administered by CSREES is seeking to clearly establish following groups: Research programs CSREES are not currently governed by and implement monitoring and (i.e., programs with a predominantly administrative provisions; and CSREES’ oversight procedures and systems to research focus), education and existing administrative provisions fail to ensure that Federal assistance funds are multicultural programs, extension take advantage of basic similarities being efficiently and effectively programs, integrated programs (i.e., between non-formula grant programs expended in accordance with program programs that statutorily require the and the Federal government-wide efforts authorities and Federal assistance laws integration of two or more to standardize and streamline the entire and regulations. components—research, education, or grant process from pre-award through extension); and other programs. See Alternatives closeout and post-award. The section 3430.2 below for definitions cumulative effect is duplicative, CSREES considered publishing (e.g., research, extension, and confusing language, contrary to the separate rules for each uncovered grant education). needs and demands of applicants and program. However, this would defeat CSREES is, to the extent practical, grantees for consistent and clear grant the purposes of recent laws, regulations, using the following subpart template for policies and procedures. and Presidential, Departmental, and each program authority: (1) This rulemaking attempts to solve the Agency initiatives to standardize and Applicability of regulations, (2) problem by addressing the elements streamline the entire grant cycle. purpose, (3) eligibility, (4) definitions common to all of the competitive and Furthermore, it would be a time (those in addition to or different from noncompetitive grant programs CSREES consuming practice to draft and publish 3430.2), (5) project types and priorities, administers. In this way, the Agency can a final rule for each uncovered program. (6) funding restrictions (including apply basic rules to grant programs that On the other hand, this interim rule indirect costs), and (7) matching are currently operating without them as provides clearer, more consistent and requirements. Subparts F and thereafter well as quickly implement regulations effective grant policies and procedures contain the above seven components in for any new program. In addition, this for the grantee which will contribute to this order. Additional sections may be rule will serve as a single resource, more efficient and effective program added for a specific program if there are except for the SBIR and formula grant delivery and potentially result in less additional requirements or a need for programs, that codifies current audit findings and disallowed costs. The additional rules for the program (e.g., processes simply and coherently. Agency expects this interim rule to additional reporting requirements). This interim rule will allow CSREES contribute and facilitate more consistent to finally document and codify the grant processes across grant programs within Subpart F—Specialty Crop Research policies and business practices it sought CSREES and across USDA and the Initiative to standardize and streamline in concert Federal government. By making better As stated above, this interim with other Federal grant-making use of standard administrative rulemaking includes the program- agencies in response to various laws provisions, CSREES also anticipates specific rules as subpart F for the (including Pub. L. 106–107), being able to publish clearer and more Specialty Crop Research Initiative regulations, and Presidential, consistent RFAs within a shorter time (SRCI) which is authorized under Departmental, and Agency directives frame and provide applicants, grantees, section 7311 of FCEA. and initiatives. As of fiscal year 2008, staff, and the public with one Through this program-specific CSREES publishes program solicitations comprehensive set of administrative regulation under subpart F, § 3430.202, or Requests For Applications (RFAs) in provisions. CSREES is defining ‘‘integrated’’ and an Agency-wide template (incorporating ‘‘specialty crop.’’ Subpart F also the Federal government-wide Compliance provides that individual applicants requirements and standards) on the Once implemented, applicants who must be U.S. citizens or a national of the Grants.gov web site; accepts all fail to comply with the new United States and excludes foreign or applications (using the SF–424 form administrative provisions may not have international organizations. Section families) via Grants.gov; requires all their applications considered for 3430.204 provides that CSREES can competitive and noncompetitive non- funding by CSREES, may have their develop and implement new activities formula programs to submit all progress grant suspended or terminated, or may and focus areas not identified in and final technical reports via the be billed for disallowed costs. This 3430.201 based on input provided by Current Research Information System penalty provision can be enforced and stakeholders and as determined by (CRIS); and as of July 1, 2008, is critical to CSREES’ fair, effective, and CSREES. Section 3430.205 states the implemented a more comprehensive efficient administration of grant specific program restrictions and and updated set of award terms and programs. It is anticipated that having clarifies the indirect cost policy for the conditions that are consistent with other one set of administrative provisions SCRI Program. Section 3430.206 states Federal grant-making agencies, yet codified in one part will assist the specific matching requirements for address the unique needs of CSREES applicants and grantees in this program and that these matching programs and USDA and CSREES understanding and complying with requirements cannot be waived. business practices. These interim rules Federal assistance laws and regulations, Timeline for Implementing Regulations also address various issues related to as well as the intent of the authorizing audit findings and recommendations regulation. CSREES is publishing this rule as from the USDA Office of Inspector interim with a 60-day comment period General (e.g., timely closeout of expired Organization and anticipates a final rule by March 1, awards and restriction of grant funds 90 CSREES organized the regulation as 2009. However, in the interim, these days after the expiration date). In follows: Subparts A through E provide regulations apply to all CSREES response to Office of Management and administrative provisions for all competitive and noncompetitive non- Budget (OMB) Circular A–123 on competitive and noncompetitive non- formula programs (except for the Internal Controls, Improper Payment formula grants. Subparts F and programs implemented by 7 CFR Part Information Act (IPIA), and other thereafter apply to specific CSREES 3400, Special Research Grants Program; oversight and monitoring requirements, programs and are organized in the 7 CFR Part 3401, Rangeland Research

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Grants Program; 7 CFR Part 3402, Food organizations, and governmental Executive Order 13045: Protection of and Agricultural Sciences National jurisdictions subject to regulation. Children From Environmental and Needs Graduate and Postgraduate Safety Risk Paperwork Reduction Act (PRA) Fellowship Grants Program; 7 CFR Part The Department certifies that this 3405, Higher Education Challenge The Department certifies that this interim rule has been assessed regarding Grants Program; 7 CFR Part 3406, 1890 interim rule has been assessed in the environmental health risks and Institution Capacity Building Grants accordance with the requirements of the safety risks that may disproportionately Program; 7 CFR Part 3411, National Paperwork Reduction Act, 44 U.S.C. affect children. This interim regulation Research Initiative Competitive Grants 3501 et seq. (PRA). The Department was not found to have a negative affect Program; and 7 CFR Part 3415, concludes that this interim rule does not on the health and safety of children. Biotechnology Risk Assessment impose any new information Research Grants Program) until the Unfunded Mandates Reform Act of 1995 requirements; however, the burden and Executive Order 13132 regulations for these programs (i.e., the estimates will increase for existing individual subparts) are in effect or approved information collections The Department has reviewed this superseded by statute). As stated associated with this rule due to interim rule in accordance with the previously, this regulation will not additional applicants. These estimates requirements of Executive Order No. apply to 7 CFR Part 3403, Small will be provided to OMB. In addition to 13132, 64 FR 43225 (August 10, 1999) Business Innovation Research Grants the SF–424 form families (i.e., Research and the Unfunded Mandates Act of Program. Within the next 18 months, and Related and Mandatory), SF–272, 1995, 2 U.S.C. 1501 et seq., and has CSREES plans to cancel some of the Federal Cash Transactions Report, and found no potential or substantial direct existing program-specific regulations SF–269, Financial Status Reports; effects on the States, on the relationship identified in 7 CFR and incorporate CSREES has three currently approved between the national government and these program-specific regulations as OMB information collections associated the States, or on the distribution of separate subparts under this part. In with this rulemaking: OMB Information power and responsibilities among the addition, CSREES is currently drafting a Collection No. 0524–0042, CSREES various levels of government. As there CSREES Grants Policy Manual, which Current Research Information System is no Federal mandate contained herein while incorporating the regulations (CRIS); No. 0524–0041, CSREES that could result in increased under this part, will provide more Application Review Process; and No. expenditures by State, local tribal specific instructions, detailed 0524–0026, Assurance of Compliance governments or by the private sector, explanations, and background for with the Department of Agriculture the department has not prepared a potential applicants, grantees, Agency Regulations Assuring Civil Rights budgetary impact statement. and Departmental staff, and the public. Compliance and Organizational Executive Order 13175: Consultation II. Administrative Requirements for the Information. and Coordination With Indian Tribal Governments Proposed Rulemaking Catalog of Federal Domestic Assistance The Department has reviewed this Executive Order 12866 This interim regulation applies to the interim rule in accordance with This action has been determined not following Federal assistance programs Executive Order 13175, 65 FR 67249 significant for purposes of Executive administered by CSREES including (Nov. 9, 2000), and has determined that Order 12866, and therefore, has not 10.309, Specialty Crop Research it does not have ‘‘tribal implications.’’ been reviewed by the Office of Initiative. The interim rule does not ‘‘have Management and Budget. This interim substantial direct effects on one or more The National Environmental Policy Act Indian tribes, on the relationship rule will not materially alter the of 1969 budgetary impact of entitlements, between the Federal government and grants, user fees, or loan programs; nor The Department certifies this interim Indian Tribes, or on the distribution of will it have an annual effect on the rule has been assessed in accordance power and responsibilities between the economy of $100 million or more; nor with the requirements of the National Federal government and Indian tribes.’’ will it adversely affect the economy, a Environmental Policy Act of 1969, 42 Executive Order 12630: Governmental sector of the economy, productivity, U.S.C. 4321 et seq. (NEPA). The Actions and Interference With competition, jobs, the environment, Department concludes that the NEPA Constitutionally Protected Property public health or safety, or State, local, requirements do not apply to this Rights or tribal governments or communities in rulemaking because this interim rule The Department has reviewed this a material way. Furthermore, it does not includes no provisions impacting the interim rule in accordance with raise a novel legal or policy issue arising maintenance, preservation or Executive Order 12630, 53 FR 8859 out of legal mandates, the President’s enhancement of a healthful (Mar. 15, 1988) and has determined that priorities or principles set forth in the environment. it does not contain any ‘‘policies that Executive Order. Federal Regulations and Policies on have takings implications in regard to Regulatory Flexibility Act of 1980 Families the licensing, permitting, or other condition requirements or limitations This interim rule has been reviewed The Department has reviewed this on private property use, or that require in accordance with the Regulatory interim rule in accordance with the dedications or exactions from owners of Flexibility Act of 1980, as amended by requirements of section 654 of the private property.’’ the Small Business Regulatory Treasury and general Government Enforcement Fairness Act of 1996, 5 Appropriations Act of 1999, 5 U.S.C. Executive Order 13211: Energy Supply, U.S.C. 601–612. The Department 601 note. This interim regulation was Distribution, or Use concluded that the rule does not involve not found to have a potential negative The Department has reviewed this regulatory and informational effect on family well-being as it is interim regulation and has determined requirements regarding businesses, defined thereunder. that the provisions of Executive Order

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13211, 66 FR 28355 (May 18, 2001), are Subpart D—Award noncompetitive grants administered on not applicable as this is not a significant 3430.41 Administration. behalf of other agencies of the Federal government. Requirements specific to regulatory action and there are no direct Subpart E—Post-Award and Closeout or implied effects on energy supply, these grant programs will be included in distribution, or use. 3430.51 Payment. the program solicitations or RFAs. 3430.52 Cost sharing and matching. (e) Grant programs administered Clarity of This Regulation 3430.53 Program income. 3430.54 Technical reporting. jointly with other agencies. Subparts A Executive Order 12866, 58 FR 51735 3430.55 Financial reporting. through E of this part, as appropriate, (September 30, 1993), and the 3430.56 Project meetings. apply to competitive and President’s memorandum of June 1, 3430.57 Hearings and appeals. noncompetitive grants administered 1998, require each agency to write all 3430.58 Closeout procedures. jointly with other agencies of the rules in plain language. The Department Research Programs Federal government. Requirements specific to these grant programs will be invites comments on how to make this Subpart F—Specialty Crop Research interim rule easier to understand. included in the appropriate program Initiative solicitations or RFAs published by both List of Subjects in 7 CFR Part 3430 3430.200 Applicability of regulations. or either agency. 3430.201 Purpose. (f) Formula fund grants programs. Administrative practice and 3430.202 Definitions. This part does not apply to any of the procedure, Agricultural research, 3430.203 Eligibility. formula grant programs administered by 3430.204 Project types and priorities. Education, Extension, Federal CSREES. Formula funds are the research assistance. 3430.205 Funding restrictions. 3430.206 Matching requirements. funds provided to 1862 land-grant institutions and agricultural experiment I For the reasons discussed in the Authority: 7 U.S.C. 3316; Pub. L. 106–107 preamble, the Cooperative State (31 U.S.C. 6101 note) stations under the Hatch Act of 1887 (7 Research, Education, and Extension U.S.C. 361a, et seq.); extension funds Service is amending chapter XXXIV of Subpart A—General Information provided to 1862 land-grant institutions under sections 3(b) and 3(c)) of the title 7 of the Code of Federal § 3430.1 Applicability of regulations. Regulations to add part 3430 to read as Smith-Lever Act (7 U.S.C. 343(b) and follows: (a) This part provides agency specific (c)) and section 208(c) of the District of regulations regarding the application Columbia Public Postsecondary PART 3430—COMPETITIVE AND for, evaluation, award, and post-award Education Reorganization Act, Public NONCOMPETITIVE NON-FORMULA administration of Cooperative State Law 93–471; agricultural extension and GRANT PROGRAMS—GENERAL Research, Education, and Extension research funds provided to 1890 land- GRANT ADMINISTRATION Service (CSREES) awards, and are grant institutions under sections 1444 PROVISIONS supplementary to the uniform assistance and 1445 of the National Agricultural regulations at 7 CFR parts 3016 (State, Research, Extension, and Teaching Subpart A—General Information local, and tribal governments), 3019 Policy Act of 1977 (NARETPA) (7 U.S.C. Sec. (institutions of higher education, 3221 and 3222); expanded food and 3430.1 Applicability of regulations. hospitals, and nonprofits), and 3015 (all nutrition education program funds 3430.2 Definitions. others), as applicable. authorized under section 3(d) of the 3430.3 Deviations. (b) Competitive programs. This part Smith-Lever Act to the 1862 land-grant 3430.4 Other applicable statutes and applies to all agricultural research, institutions and the 1890 land-grant regulations. education, and extension competitive institutions; extension funds under the Subpart B—Pre-Award: Solicitation and and related programs for which the Renewable Resources Extension Act for Application Cooperative State Research, Education, the 1862 land-grant institutions and the 3430.11 Competition. and Extension Service (CSREES) has 1890 land-grant institutions; research 3430.12 Requests for applications. administrative or other authority, as funds provided to forestry schools 3430.13 Letter of intent to submit an well as any other Federal assistance under the McIntire-Stennis Cooperative application. program delegated to the CSREES Forestry Research Act of 1962 (16 U.S.C. 3430.14 Types of applications; types of administrator. In cases where 582a, et seq.); and animal health and grants instruments. regulations of this part conflict with disease research funds provided to 3430.15 Stakeholder input. existing regulations of CSREES in title 7 3430.16 Eligibility requirements. veterinary schools and agricultural (i.e., 7 CFR parts 3400 through 3499) of experiment stations under section 1433 3430.17 Content of an application. the Code of Federal Regulations, 3430.18 Submission of an application. of NARETPA (7 U.S.C. 3195). 3430.19 Resubmission of an application. regulations of this part shall supersede. § 3430.2 Definitions. 3430.20 Acknowledgment of an This part does not apply to the Small application. Business Innovation Research (SBIR) As used in this part: 3430.21 Confidentiality of applications and Program. 1862 Land-Grant Institution means an awards. (c) Noncompetitive programs. institution eligible to receive funds Subparts A, B, D, and E of this part, as under the Act of July 2, 1862, as Subpart C—Pre-Award: Application Review and Evaluation well as § 3430.35, apply to all amended (7 U.S.C. 301 et seq.). Unless noncompetitive agricultural research, otherwise stated for a specific program, 3430.31 Guiding principles. education, and extension programs this term includes a research foundation 3430.32 Preliminary application review. administered by CSREES, as well as any maintained by such an institution. 3430.33 Selection of reviewers. 1890 Land-Grant Institution means 3430.34 Evaluation criteria. other Federal assistance program 3430.35 Review of noncompetitive delegated to the CSREES administrator. one of those institutions eligible to applications. (d) Grant programs administered on receive funds under the Act of August 3430.36 Procedures to minimize or behalf of other agencies. Subparts A 30, 1890, as amended (7 U.S.C. 321 et eliminate duplication of effort. through E of this part, as appropriate, seq.), including Tuskegee University 3430.37 Feedback to applicants. apply to competitive and and West Virginia State University.

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Unless otherwise stated for a specific (1) Admits as regular students only (3) Animal and plant germ plasm program, this term includes a research persons having a certificate of collection and preservation. foundation maintained by such an graduation from a school providing (4) Aquaculture. institution. secondary education, or the recognized (5) Food safety. 1994 Land-Grant Institution means equivalent of such a certificate; (6) Soil and water conservation and one of those institutions as defined in (2) Is legally authorized within such improvement. section 532 of the Equity in Educational State to provide a program of education (7) Forestry, horticulture, and range Land-Grant Status Act of 1994, as beyond secondary education; management. (8) Nutritional sciences and amended (7 U.S.C. 301 note). These (3) Provides an educational program promotion. institutions are commonly referred to as for which a bachelor’s degree or any (9) Farm enhancement, including Tribal Colleges or Universities. other higher degree is awarded; (4) Is a public or other nonprofit financial management, input efficiency, Administrator means the and profitability. Administrator of the Cooperative State institution; and (5) Is accredited by a nationally (10) Home economics. Research, Education, and Extension (11) Rural human ecology. recognized accrediting agency or Service (CSREES) and any other officer (12) Youth development and or employee of the CSREES to whom the association. Unless otherwise stated for agricultural education, including 4–H authority involved is delegated. a specific program, this term includes a clubs. Advisory Board means the National research foundation maintained by such (13) Expansion of domestic and Agricultural Research, Extension, an institution. international markets for agricultural Education, and Economics Advisory Department means the United States commodities and products, including Board. Department of Agriculture. agricultural trade barrier identification Agricultural research means research Education activity or teaching activity and analysis. in the food and agricultural sciences. means formal classroom instruction, (14) Information management and laboratory instruction, and practicum Applied research means research that technology transfer related to experience in the food and agricultural includes expansion of the findings of agriculture. sciences and other related matters such fundamental research to uncover (15) Biotechnology related to as faculty development, student practical ways in which new knowledge agriculture. recruitment and services, curriculum can be advanced to benefit individuals (16) The processing, distributing, development, instructional materials and society. marketing, and utilization of food and and equipment, and innovative teaching Authorized Departmental Officer or agricultural products. methodologies. ADO means the Secretary or any Fundamental research means research Established and demonstrated employee of the Department with that increases knowledge or capacity means that an organization has delegated authority to issue or modify understanding of the fundamental met the following criteria: aspects of phenomena and has the grant instruments on behalf of the (1) Conducts any systematic study Secretary. potential for broad application, and has directed toward new or fuller an effect on agriculture, food, nutrition, Authorized Representative or AR knowledge and understanding of the or the environment. means the President or Chief Executive subject studied; or, Graduate degree means a Master’s or Officer of the applicant organization or (2) Systematically relates or applies doctoral degree. the official, designated by the President the findings of research or scientific Grant means the award by the or Chief Executive Officer of the experimentation to the application of Authorized Departmental Officer of applicant organization, who has the new approaches to problem solving, funds to an eligible grantee to assist in authority to commit the resources of the technologies, or management practices; meeting the costs of conducting for the organization to the project. and benefit of the public, an identified Budget period means the interval of (3) Has facilities, qualified personnel, project which is intended and designed time (usually 12 months) into which the independent funding, and prior projects to accomplish the purpose of the project period is divided for budgetary and accomplishments in research or program as identified in the program and reporting purposes. technology transfer. solicitation or RFA. Cash contributions means the Extension means informal education Grantee means the organization recipient’s cash outlay, including the program conducted in the States in designated in the grant award document outlay of money contributed to the cooperation with the Unites States as the responsible legal entity to which recipient by non-Federal third parties. Department of Agriculture. a grant is awarded. Citizen or national of the United Extension activity means an act or Insular area means the States means a citizen or native resident process that delivers science-based Commonwealth of Puerto Rico, Guam, of a State; or, a person defined in the knowledge and informal educational American Samoa, the Commonwealth of Immigration and Nationality Act, 8 programs to people, enabling them to the Northern Mariana Islands, the U.S.C. 1101(a)(22), who, though not a make practical decisions. Federated States of Micronesia, the citizen of the United States, owes Food and agricultural sciences. The Republic of the Marshall Islands, the permanent allegiance to the United term ‘‘food and agricultural sciences’’ Republic of Palau, and the Virgin States. When eligibility is claimed means basic, applied, and Islands of the United States. solely on the basis of permanent developmental research, extension, and Integrated means to incorporate two allegiance, documentary evidence from teaching activities in food and fiber, or three components of the agricultural the Immigration and Naturalization agricultural, renewable natural knowledge system (research, education, Service as to such eligibility must be resources, forestry, and physical and and extension) around a problem area or made available to CSREES upon request. social sciences, including activities activity. College or university means, unless relating to the following: Land-grant Institutions means the defined in a separate subpart, an (1) Animal health, production, and 1862 Land-Grant Institutions, 1890 educational institution in any State well-being. Land-Grant Institutions, and 1994 Land- which: (2) Plant health and production. Grant Institutions.

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Matching or cost sharing means that which Federal sponsorship begins and 7 CFR Part 1, subpart A—USDA portion of allowable project or program ends. implementation of the Freedom of costs not borne by the Federal Research means any systematic study Information Act. Government, including the value of in- 7 CFR Part 3—USDA implementation of directed toward new or fuller OMB Circular No. A–129, regarding debt kind contributions. knowledge and understanding of the management. Merit review means an evaluation of a subject studied. 7 CFR Part 15, subpart A—USDA proposed project or elements of a Scientific peer review is an evaluation implementation of Title VI of the Civil Rights proposed program whereby the of the technical quality of a proposed Act of 1964, as amended. technical quality and relevance to project and its relevance to regional or 7 CFR Part 331 and 9 CFR Part 121—USDA regional or national goals are assessed. national goals, performed by experts implementation of the Agricultural Merit reviewers means peers and other with the scientific knowledge and Bioterrorism Protection Act of 2002. individuals with expertise appropriate 7 CFR Part 3015—USDA Uniform Federal technical skills to conduct the proposed Assistance Regulations, implementing OMB to conduct merit review of a proposed research work. directives (i.e., OMB Circular Nos. A–21 and project. Secretary means the Secretary of A–122, now codified at 2 CFR Parts 220) and Methodology means the project Agriculture and any other officer or incorporating provisions of 31 U.S.C. 6301– approach to be followed. employee of the Department to whom 6308 (formerly the Federal Grant and Mission-linked research means the authority involved is delegated. Cooperative Agreement Act of 1977, Pub. L. 95–224), as well as general policy research on specifically identified State means any one of the fifty agricultural problems which, through a requirements applicable to grantees of States, the District of Columbia, and the Departmental financial assistance. continuum of efforts, provides insular areas. 7 CFR Part 3017—USDA implementation information and technology that may be Third party in-kind contributions of Governmentwide Debarment and transferred to users and may relate to a means the value of non-cash Suspension (Nonprocurement) and product, practice, or process. contributions of property or services Governmentwide Requirements for Drug Free National laboratories include Federal provided by non-Federal third parties, Workplace (Grants). laboratories that are government-owned 7 CFR Part 3018—USDA implementation including real property, equipment, of Restrictions on Lobbying. Imposes contractor-operated or government- supplies and other expendable property, owned government-operated. prohibitions and requirements for disclosure directly benefiting and specifically and certification related to lobbying on Peer reviewers means experts or identifiable to a funded project or grantees of Federal contracts, grants, consultants qualified by training and program. cooperative agreements, and loans. experience to give expert advice on the United States means the several 7 CFR Part 3019—USDA implementation scientific and technical merit of grant States, the District of Columbia, and the of OMB Circular No. A–110, Uniform applications or the relevance of those insular areas. Administrative Requirements for Grants and Other Agreements with Institutions of Higher applications to one or more of the Units of State government means all application evaluation criteria. Peer Education, Hospitals, and Other Nonprofit State institutions, including the formal Organizations. reviewers may be adhoc or convened as divisions of State government (i.e., the a panel. 7 CFR Part 3052—USDA implementation official state agencies such as of OMB Circular No. A–133, Audits of States, Prior approval means written departments of transportation and Local Governments, and Nonprofit approval by an Authorized education), local government agencies Organizations. Departmental Officer evidencing prior (e.g., a county human services office), 7 CFR Part 3407—CSREES procedures to consent. and including state educational implement the National Environmental Private research organization means Policy Act of 1969, as amended. 29 U.S.C. institutions (e.g., public colleges and 794 (section 504, Rehabilitation Act of 1973) any non-governmental corporation, universities). partnership, proprietorship, trust, or and other organization. § 3430.3 Deviations. 7 CFR Part 15b (USDA implementation of statute)—prohibiting discrimination based Private sector means all non-public Any request by the applicant or upon physical or mental handicap in entities, including for-profit and grantee for a waiver or deviation from Federally assisted programs. nonprofit commercial and non- any provision of this part shall be 35 U.S.C. 200 et seq.—Bayh-Dole Act, commercial entities, and including submitted to the ADO identified in the controlling allocation of rights to inventions private or independent educational agency specific requirements. CSREES made by employees of small business firms associations. shall review the request and notify the and domestic nonprofit organizations, Program Officer means a CSREES applicant/grantee whether the request to including universities, in Federally assisted individual who is responsible for the programs (implementing regulations are deviate has been approved within 30 contained in 37 CFR Part 401). technical oversight of the award on calendar days from the date of receipt of behalf of USDA. the deviation request. If the deviation Subpart B—Pre-Award: Solicitation Project means the particular activity request is still under consideration at and Application within the scope of the program the end of 30 calendar days, CSREES supported by a grant award. shall inform the applicant/grantee in § 3430.11 Competition. Project Director or PD means the writing of the date when the applicant/ (a) Standards for competition. Except single individual designated by the grantee may expect the decision. as provided in paragraph (b) of this grantee in the grant application and section, CSREES will enter into grants approved by the Authorized § 3430.4 Other applicable statutes and and cooperative agreements, unless Departmental Officer who is responsible regulations. restricted by statute, only after for the direction and management of the Several Federal statutes and competition. project, also known as a Principal regulations apply to grant applications (b) The CSREES ADO and the Agency Investigator (PI) for research activities. considered for review and to project approving official may make a Project period means the total length grants awarded under CSREES grant determination in writing that of time, as stated in the award document programs. These include, but are not competition is not deemed appropriate and modifications thereto, if any, during limited to: for a particular transaction. Such

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determination shall be limited to requirements established in this part, applications. In addition, applicants transactions where it can be adequately program solicitations will also address must respond to previous panel review justified that a noncompetitive award is any such variation(s). Variations may summary, unless waived by CSREES. in the best interest of the Federal occur in the following: (3) Renewal. An application government and necessary to the goals (1) Award management guidelines; requesting additional funding for a of the program. (2) Restrictions on the delegation of period subsequent to that provided by a fiscal responsibility; current award. A renewal application § 3430.12 Requests for applications. (3) Required approval for changes to competes with all other applications (a) For each competitive and project plans; and must be developed as fully as noncompetitive non-formula program, (4) Expected program outputs and though the applicant is applying for the CSREES will prepare a program reporting requirements, if applicable; first time. Renewal applicants also must solicitation (also called a request for (5) Applicable Federal statutes and have filed a progress report via CRIS, applications (RFA); hereafter referred to regulations; unless waived by CSREES. as RFA in accordance with the OMB (6) Confidential aspects of (4) Continuation. A noncompeting policy directive, 68 FR 37370–37379 applications and awards, if applicable; application for an additional funding/ (June 23, 2003), establishing a standard (7) Regulatory information; and budget period within a previously format for Federal agency (8) Definitions. approved project period. announcements (i.e., program (5) Revision. An application that solicitations or RFAs) of funding § 3430.13 Letter of intent to submit an proposes a change in the Federal opportunities under programs that application. Government’s financial obligations or award discretionary grants or CSREES may request or require that contingent liability from an existing cooperative agreements. This policy prospective applicants notify program obligation; or, any other change in the directive requires the content of the staff of their intent to submit an terms and conditions of the existing RFA to be organized in a sequential application identified as ‘‘letter of award. manner beginning with overview intent’’. If applicable, the request or (6) Resubmitted renewal. This is a information followed by the full text of requirement will be included in the project application that has been the announcement and will apply RFA, along with directions for the submitted for consideration under the unless superseded by statute or another preparation and submission of the letter same program previously. This type of OMB policy directive. The RFA may of intent and any relevant deadlines. application has also been submitted for include all or a portion of the following Entities interested in submitting an renewal under the same program but items: application for a CSREES grant should was not approved. For competitive (1) Contact information; complete and submit a ‘‘Letter of Intent programs, this type of application is (2) Directions for interested to Submit an Application’’ form by the evaluated, in competition with other beneficiaries to submit written due date specified in the RFA. This pending applications in the area to comments in a published program form does not obligate the applicant in which it is assigned. Resubmitted solicitation or RFA; any way, but will provide useful renewal applications are reviewed (3) CFDA number; information to CSREES in preparing for according to the same evaluation criteria (4) Legislative authority and application review. Applicants that do as new applications. Applicants must background information; not submit a letter of intent by the respond to previous panel review (5) Purpose, priorities, and fund specified due date are still allowed to summary and file a progress report via availability; submit a grant application by the CRIS, unless waived by CSREES. (6) Program-specific eligibility application due date specified in the (b) Types of grant instruments. The requirements; RFA, unless otherwise specified in the following is a list of corresponding (7) Program-specific restrictions on RFA. categories of grant instruments issued the use of funds, if applicable; by CSREES. (8) Matching requirements, if § 3430.14 Types of applications; types of (1) Standard. This is a grant applicable; grant instruments. instrument by which the CSREES agrees (9) Acceptable types of applications; (a) Types of applications. The type of to support a specified level of effort for (10) Types of projects to be given application acceptable may vary by a predetermined project period without priority consideration, including funding opportunity. The RFA will the announced intention of providing maximum anticipated awards and stipulate the type of application that additional support at a future date. maximum project lengths, if applicable; may be submitted to CSREES in (2) Renewal. This is an instrument by (11) Program areas, if applicable; response to the funding opportunity. (12) Funding restrictions, if which the CSREES agrees to provide Applicants may submit the following applicable; additional funding under a standard (13) Directions for obtaining types of applications as specified in the grant as specified in paragraph (b)(1) of additional requests for applications and RFA. this section for a project period beyond application forms; (1) New. An application that is being that approved in an original or amended (14) Information about how to obtain submitted to CSREES for the first time. award, provided that the cumulative application forms and the instructions (2) Resubmission. This is a project period does not exceed any statutory for completing such forms; application that had been submitted for time limitation of the award. (15) Instructions and requirements for consideration under the same program (3) Continuation. This is a grant submitting applications, including previously but has not been approved instrument by which the CSREES agrees submission deadline(s); for an award under the program. For to support a specified level of effort for (16) Explanation of the application competitive programs, this type of a predetermined period of time with a revaluation process; and application is evaluated, in competition statement of intention to provide (17) Specific evaluation criteria used with other pending applications in the additional support at a future date, in the review process. area to which it is assigned. provided that performance has been (b) Where program-specific Resubmissions are reviewed according satisfactory, appropriations are available requirements differ from the to the same evaluation criteria as new for this purpose, and continued support

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would be in the best interest of the nonfinancial assistance and benefits (i) The CSREES-assigned proposal Federal government and the public. under a CSREES program (e.g., number of the previously submitted (4) Supplemental. This is an debarment or suspension of an application; instrument by which the CSREES agrees individual involved or a determination (ii) Summary of the previous to provide small amounts of additional that an applicant is not responsible reviewers’ comments; and funding under a standard, renewal, or based on submitted organizational (iii) Explanation of how the previous continuation grant as specified in management information). reviewers’ comments or previous panel paragraphs (b)(1), (b)(2), and (b)(3) of summary have been addressed in the this section and may involve a short- § 3430.17 Content of an application. current application. term (usually six months or less) The RFA provides instructions about (2) Resubmitting an application that extension of the project period beyond how to access a funding opportunity. has been revised based on previous that approved in an original or amended The funding opportunity contains the reviewers’ critiques does not guarantee award, but in no case may the application package, which includes the the application will be recommended cumulative period of the project, forms necessary for completion of an for funding. including short term extensions, exceed application in response to the RFA, as (b) Previously funded applications. (1) any statutory time limitation of the well as the application instructions. The CSREES competitive programs are award. application instructions document, ‘‘A generally not designed to support (c) Obligation of the Federal Guide for the Preparation and multiple grant awards activities that are government. Neither the acceptance of Submission of CSREES Applications via essentially repetitive in nature. PDs who any application nor the award of any Grants.gov,’’ is intended to assist have had their projects funded project grant shall commit or obligate applicants in the preparation and previously are discouraged from the United States in any way to make submission of applications to CSREES. resubmitting relatively identical any renewal, supplemental, It is also the primary document for use applications for further funding. continuation or other award with in the preparation of CSREES Applications that are sequential respect to any approved application or applications via Grants.gov. continuations or new stages of portion of an approved application. previously funded projects must § 3430.18 Submission of an application. compete with first-time applications, § 3430.15 Stakeholder input. (a) When to submit. The RFA will and should thoroughly demonstrate Section 103 (c)(2) of the Agricultural provide deadlines for the submission of how the proposed project expands Research, Extension, and Education letters of intent, if requested and substantially on previously funded Reform Act of 1998 (AREERA) (7 U.S.C. required, and applications. CSREES may efforts and promotes innovation and 7613(c)(2)) requires the Secretary to issue separate RFAs and/or establish creativity beyond the scope of the solicit and consider input on each separate deadlines for different types of previously funded project. program RFA from persons who applications, different grant (2) An application may be submitted conduct agricultural research, instruments, different topics or phases only once to CSREES. The submission education, and extension for use in of the grant programs. If applications are of duplicative or substantially similar formulating future RFAs for competitive not received by applicable deadlines, applications concurrently for review by programs. CSREES will provide they will not be considered for funding. more than one program will result in the instructions for submission of Exceptions will only be considered exclusion of the redundant applications stakeholder input in the RFA. CSREES when extenuating circumstances exist from CSREES consideration. will consider any comments received and justification and supporting within the specified timeframe in the documentation are provided to CSREES. § 3430.20 Acknowledgment of an development of the future RFAs for the (b) What to submit. The contents of application. program. the applicable application package, as The receipt of all letters of intent and well as any other information, is to be applications will be acknowledged by § 3430.16 Eligibility requirements. submitted by the due date. CSREES. Applicants who do not receive Program-specific eligibility (c) Where to submit. The RFA will an acknowledgement within a certain requirements appear in the subpart provide addresses for submission of number of days (as established in the applicable to each program and in the letters of intent, if requested or required. RFA, e.g., 30 and 60 days) of the RFAs. In addition to program-specific It will also indicate permissible submission deadline should contact the eligibility requirements, grants will be methods of submission (i.e., electronic, program contact. Once the application awarded only to responsible applicants. e-mail, hand-delivery, U.S. Postal has been assigned a proposal number by Specific management information Service, courier). Conformance with CSREES, that number should be cited relating to an applicant shall be preparation and submission instructions on all future correspondence. submitted on a one-time basis, with is required and will be strictly enforced updates on an as-needed basis, as part unless a deviation had been approved in § 3430.21 Confidentiality of applications of the responsibility determination prior advance of application submission. and awards. to award of a grant identified under a CSREES may establish additional (a) Names of submitting institutions specific CSREES program, if such requirements. CSREES may return and individuals, as well as application information has not been provided without review applications that are not content and evaluations, will be kept previously under this or another consistent with the RFA instructions. confidential, except to those involved in CSREES program. CSREES will provide the review process, to the extent copies of forms recommended for use in § 3430.19 Resubmission of an application. permissible by law. fulfilling these requirements as part of (a) Previously unfunded applications. (b) If an application contains the preaward process. Although an (1) Applications that are resubmitted to proprietary information that constitutes applicant may be eligible based on its a program, after being previously a trade secret, proprietary commercial or status as one of these entities, there are submitted but not funded by that financial information, confidential factors which may exclude an applicant program, must include the following personal information, or data affecting from receiving Federal financial and information: the national security, it will be treated

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in confidence to the extent permitted by ensure that each proposal is treated in (3) Need to include as reviewers other law, provided the information is clearly a consistent and fair manner regardless experts (e.g., producers, range or forest marked by the proposer with the term of regional and institutional affiliation. managers/operators, and consumers) ‘‘confidential and proprietary After the evaluation process by the who can assess relevance of the information’’ and provided at the review panel, the CSREES through the applications to targeted audiences and bottom of the project narrative or any program officer ensures that applicants to program needs; other attachment included in the receive appropriate feedback and (4) Need to include as reviewers application that contains such comments on their proposals, and experts from a variety of organizational information: ‘‘The following pages processes the awards in as timely a types (e.g., colleges, universities, (specify) contain proprietary manner as possible. industry, state and Federal agencies, information which (name of proposing private profit and nonprofit organization) requests not to be released § 3430.32 Preliminary application review. organizations) and geographic locations; to persons outside the Government, Prior to technical examination, a (5) Need to maintain a balanced except for purposes of evaluation.’’ preliminary review will be made of all composition of reviewers with regard to (c) By law, USDA is required to make applications for responsiveness to the minority and female representation and the final decisions as to whether the administrative requirements set forth in an equitable age distribution; and information is required to be kept in the RFA. Applications that do not meet (6) Need to include reviewers who confidence. Information contained in the administrative requirements may be can judge the effective usefulness to unsuccessful applications will remain eliminated from program competition. producers and the general public of the property of the proposer. However, However, USDA retains the right to each application. USDA will retain for three years one file conduct discussions with applicants to (d) Confidentiality. The identities of copy of each application received; extra resolve technical and/or budget issues, reviewers will remain confidential to copies will be destroyed. Public release as deemed necessary by USDA. the maximum extent possible. of information from any application Therefore, the names of reviewers will § 3430.33 Selection of reviewers. submitted will be subject to existing not be released to applicants. If it is legal requirements. Any application that (a) Requirement. CSREES is possible to reveal the names of is funded will be considered an integral responsible for performing a review of reviewers in such a way that they part of the award and normally will be applications submitted to CSREES cannot be identified with the review of made available to the public upon competitive award programs in any particular application, this will be request, except for designated accordance with section 103(a) of the done at the end of the fiscal year or as proprietary information that is Agricultural Research, Extension, and requested. Names of submitting determined by USDA to be proprietary Education Reform Act of 1998 (7 U.S.C. institutions and individuals, as well as information. 7613(a)). Reviews are undertaken to application content and peer (d) The inclusion of proprietary ensure that projects supported by evaluations, will be kept confidential, information is discouraged unless it is CSREES are of high quality and are except to those involved in the review necessary for the proper evaluation of consistent with the goals and process, to the extent permitted by law. the application. If proprietary requirements of the funding program. Reviewers are expected to be in information is to be included, it should Applications submitted to CSREES compliance with CSREES be limited, set apart from other text on undergo a programmatic evaluation to Confidentiality Guidelines. Reviewers a separate page, and keyed to the text by determine the worthiness of Federal provide this assurance through PRS. numbers. It should be confined to a few support. The evaluations consist of a (e) Conflicts of interest. During the critical technical items that, if disclosed, peer panel review and also may entail evaluation process, extreme care will be could jeopardize the obtaining of foreign an assessment by Federal employees taken to prevent any actual or perceived or domestic patents. Trade secrets, and ad hoc reviewers. conflicts of interest that may impact salaries, or other information that could (b) CSREES Peer Review System. The review or evaluation. For the purpose of jeopardize commercial competitiveness CSREES Application Review Process is determining conflicts of interest, the should be similarly keyed and presented accomplished through the use of the academic and administrative autonomy on a separate page. Applications or CSREES Peer Review System (PRS), a of an institution shall be determined. reports which attempt to restrict web-based system which allows Reviewers are expected to be in dissemination of large amounts of reviewers and potential reviewers to compliance with CSREES Conflict-of- information may be found unacceptable update personal information and to interest Guidelines. Reviewers provide by USDA and constitute grounds for complete and submit reviews this assurance through PRS. electronically to CSREES. return of the application without further § 3430.34 Evaluation criteria. consideration. Without assuming any (c) Relevant training and experience. (a) To ensure any project receiving liability for inadvertent disclosure, Reviewers will be selected based upon funds from CSREES is consistent with USDA will limit dissemination of such training and experience in relevant the broad goals of the funding program, information to its employees and, where scientific, extension, or education fields the content of each proposal/application necessary for the evaluation of the taking into account the following submitted to CSREES will be evaluated application, to outside reviewers on a factors: (1) Level of relevant formal scientific, based on a pre-determined set of review confidential basis. An application may technical education, and extension criteria. It is the responsibility of the be withdrawn at any time prior to the experience of the individual, as well as Program Officer to develop, adopt, final action thereon. the extent to which an individual is adapt, or otherwise establish the criteria Subpart C—Pre-Award: Application engaged in relevant research, education, by which proposals are to be evaluated. Review and Evaluation or extension activities; It may be appropriate for the Program (2) Need to include as reviewers Officer to involve other scientists or § 3430.31 Guiding principles. experts from various areas of stakeholders in the development of The guiding principle for grant specialization within relevant scientific, criteria, or to extract criteria from application review and evaluation is to education, and extension fields; legislative authority or appropriations

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language. The review criteria is § 3430.37 Feedback to applicants. (9) Approved budget plan or described in the RFA and shall not Copies of individual reviews and/or referenced thereof; and include criteria concerning any cost summary reviews, not including the (10) Other information or provisions sharing or matching requirements per identity of reviewers, will be sent to the (including the Terms and Conditions) section 7301 of the Food, Conservation, applicant PDs after the review process deemed necessary by CSREES to carry and Energy Act of 2008. has been completed. out its respective granting activities or (b) In order that all potential to accomplish the purpose of a applicants for a program have similar Subpart D—Award particular grant. opportunities to compete for funds, all (d) Other terms and conditions. § 3430.41 Administration. reviewers will receive from the Program CSREES may, with respect to any grant, Officer a description of the review (a) General. Within the limit of funds impose additional conditions prior to or criteria. Reviewers are instructed to use available for such purpose, the CSREES at the time of any award when, in the those same evaluation criteria, and only ADO shall make grants to those CSREES’ judgment, such conditions are those criteria, to judge the merit of the responsible, eligible applicants whose necessary to assure or protect proposals they review. applications are judged most advancement of the approved project, meritorious under the procedures set the interests of the public, or the § 3430.35 Review of noncompetitive forth in the RFA. The date specified by conservation of grant funds. applications. the CSREES ADO as the effective date (a) Some projects are directed by of the grant shall be no later than Subpart E—Post-Award and Closeout either authorizing legislation and/or September 30 of the Federal fiscal year appropriations to specifically support a in which the project is approved for § 3430.51 Payment. designated institution or set of support and funds are appropriated for (a) All payments will be made in institutions for particular research, such purpose, unless otherwise advance unless a deviation is accepted education or extension topics of permitted by law. It should be noted (see § 3430.3) or as specified in importance to the nation, a State or a that the project need not be initiated on paragraph (b) of this section. All region. Although these projects may be the grant effective date, but as soon payments to the grantee shall be made awarded noncompetitively, these thereafter as practical so that project via the U.S. Department of Health and projects or activities are subject to the goals may be attained within the funded Human Services’ Payment Management same application process, award terms project period. All funds granted by System (DHHS–PMS) or another and conditions, Federal assistance laws CSREES shall be expended solely for the electronic funds transfer (EFT) method and regulations, reporting and purpose for which the funds are granted except for awards to other Federal monitoring requirements, and post- in accordance with the approved agencies. Grantees are expected to award administration and closeout application and budget, the regulations, request funds via DHHS–PMS for policies and procedures as competitive the terms and conditions of the award, reimbursement basis in a timely grant programs. The only difference is the applicable Federal cost principles, manner. these applications are not subject to a and the Department’s assistance (b) If CSREES has determined that competitive peer review process at the regulations (7 CFR parts 3015 and 3019). advance payment is not feasible and Agency level. (b) Organizational management that the grantee does not maintain or (b) All noncompetitive applications information. Specific management demonstrate the willingness to recommended for funding are required information relating to an applicant maintain: Written procedures that to be merit reviewed and the merit shall be submitted on a one-time basis minimize the time elapsing between the review documented by the CSREES as part of the responsibility transfer of funds and disbursement by program official. For awards determination prior to the award of a the grantee, and financial management recommended for funding at or greater grant, if such information has not been systems that meet the standards for fund than $10,000, an independent and unit provided previously to CSREES. control and accountability as merit review are required. CSREES will provide copies of forms established in § 3430.61; CSREES shall recommended for use in fulfilling these use the reimbursement method. § 3430.36 Procedures to minimize or requirements as part of the preaward eliminate duplication of effort. § 3430.52 Cost sharing and matching. process. CSREES may implement appropriate (c) Notice of Award. The notice of (a) General. Grantees may be required business processes to minimize or award document (i.e., Form CSREES– to match the Federal funds received eliminate the awarding of CSREES 2009, Award Face Sheet) will provide under a CSREES grant. The required grants that unnecessarily duplicate pertinent instructions and information percentage of matching, type of activities already being sponsored under including, at a minimum, the following: matching (e.g., cash and/or in-kind other grant awards, including awards (1) Legal name and address of contributions), sources of match (e.g., made by other Federal agencies. performing organization or institution to non-Federal), and whether CSREES has Business processes may include the whom the Administrator has awarded a any authority to waive the match will be review of the Current and Pending grant; specified in the subpart applicable to Support Form; documented CRIS (2) Title of project; the specific grant program, as well as in searches prior to award; the conduct of (3) Name(s) and institution(s) of the RFA. project director (PD) workshops, Project Director(s); (b) Indirect Costs. Grantees’ matching conferences, meetings, and symposia; (4) Identifying award number contribution may also include and agency participation in Federal assigned by CSREES or the Department; unrecoverable indirect costs. Such costs government-wide and other committees, (5) Project period; may be accepted as part of the grantee’s taskforces, or groups that seek to solve (6) Total amount of CSREES financial resource contribution provided the total problems related to agricultural assistance approved; amount of indirect cost claimed under research, education, and extension and (7) Legal authority(ies) under which the Federal and non-Federal portions of other activities delegated to the CSREES the grant is awarded; the costs, when combined, do not administrator. (8) Appropriate CFDA number; exceed the applicant’s negotiated

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indirect cost rate or if applicable, the cost overruns or unexpectedly high unit matching contribution, if required, statutory cap on indirect costs. Indirect costs. The annual report of ‘‘Funding should be shown in item 12., Remarks. costs provisions for each specific grant and Staff Support’’ (Form AD–419) is The final SF–269 must not show any program are identified in the ‘‘Funding due February 1 of the year subsequent unliquidated obligations. If the awardee restrictions’’ section of the subpart for to the Federal fiscal year being reported. still has valid obligations that remain each individual grant program. (d) CRIS Final Report. The CRIS final unpaid when the report is due, it shall report, ‘‘Accomplishments Report’’ submit a provisional report (showing § 3430.53 Program income. (Form AD–421), covers the entire period the unliquidated obligations) by the due (a) CSREES shall apply the standards of performance of the award. The report date and a final report when all set forth in this section in requiring should encompass progress made obligations have been liquidated. When grantee organizations to account for during the entire timeframe of the submitting a provisional report, the program income related to projects project instead of covering awardee shall inform AMB when it financed in whole or in part with accomplishments made only during the expects a final report. If AMB waives Federal funds. final reporting segment of the project. In the requirement for provisional reports, (b) Unless otherwise provided in the addition to providing the information the grantee will be so notified. SF–269, authorizing statute, program income required under paragraph (c) of this Financial Status Reports, must be earned during the project period shall section, the final report must include submitted by all grantees, including be retained by the grantee and, in the following when applicable: A Federal agencies and national accordance with the terms and disclosure of any inventions not laboratories. conditions of the award, shall be added previously reported that were conceived (b) Grants with Required Matching. to funds committed to the project by or first actually reduced to practice For grants requiring a matching CSREES and grantee and used to further during the performance of the work contribution, an annual SF–269, eligible project or program objectives. under the award; a written statement on Financial Status Report, is required and Any specific program deviations will be whether or not the awardee elects (or this requirement will be indicated on identified in the individual subparts. plans to elect) to obtain patent(s) on any the Award Face Sheet, Form CSREES– (c) Unless the program regulations such invention; and identify equipment 2009, in which case it must be identified in the individual subpart purchased with any Federal funds submitted no later than 90 days provide otherwise, grantees shall follow under the award and indicate following the end of the Federal fiscal the terms and conditions of the award. subsequent use of such equipment. year, September 30th. (e) CRIS Web Site Via Internet. The (c) Overdue SF–269, Financial Status § 3430.54 Technical reporting. CRIS database is available to the public Reports. Grantees with overdue SF–269, (a) Requirement. All projects on the World Wide Web. CRIS project Financial Status Reports, or other supported with Federal funds under this information is available via the Internet required financial report (as identified part must be documented in the Current CRIS Web site at http:// in the grant terms and conditions), will Research Information System (CRIS). cris.csrees.usda.gov. To submit forms have their applicable balances at (b) Initial Documentation in the CRIS electronically, the CRIS forms Web site DHHS–PMS restricted or placed on Database. Information collected in the can be accessed through the CRIS Web ‘‘manual review,’’ which restricts the ‘‘Work Unit Description’’ (Form AD– site or accessed directly at http:// grantee’s ability to draw funds thus 416) and ‘‘Work Unit Classification’’ csf.uvm.edu/cris. requiring prior approval from CSREES. (Form AD–417) is required upon project (f) Grantees may be required to submit If any remaining available balances are initiation for all new awards in CRIS other technical reports or submit the needed by the grantee, the grantee will (i.e., prior to award). CRIS reports more frequently than be required to contact AMB to request (c) Annual CRIS Reports. Unless annual. Additional requirements for a permission to draw any additional stated differently in the grant terms and specific grant program are described in funds and may be required to provide conditions, an annual the applicable subpart after subpart F documentation to support the draw. ‘‘Accomplishments Report’’ (Form AD– and are identified in the RFA. The (d) SF–272, Federal Cash 421) is due 90 calendar days after the Award Face Sheet (Form CSREES–2009) Transactions Report. Grantees award’s anniversary date (i.e., one year also will specify these additional (receiving electronic payments through following the month and day of which reporting requirements. DHHS–PMS) are required to submit the project period begins and each year their SF–272, Federal Cash Transactions thereafter up until a final report is § 3430.55 Financial reporting. Report, via the DHHS–PMS by the required). An annual report covers a (a) SF–269, Financial Status Report. specified dates. Failure to submit this one-year period. In addition to the Form Unless stated differently in the grant quarterly report by the due date may AD–421, the following information, terms and conditions, a SF–269, result in funds being restricted by when applicable, must be submitted to Financial Status Report, is due 90 days DHHS–PMS. Grantees (not receiving the programmatic contact person after the expiration of the grant and payments through DHHS–PMS) may be identified in block 4 of the Award Face should be submitted to the Awards exempt from this reporting requirement. Sheet (Form CSREES–2009): A Management Branch (AMB) at Awards (e) Additional reporting requirements. comparison of actual accomplishments Management Branch; Office of CSREES may require additional with the goals established for the Extramural Programs, CSREES; U.S. financial reporting requirements as reporting period (where the output of Department of Agriculture; STOP 2271; follows: CSREES may require forecasts the project can be expressed readily in 1400 Independence Avenue, SW.; of Federal cash requirements in the numbers, a computation of the cost per Washington, DC 20250–2271. The ‘‘Remarks’’ section of the report; and unit of output should be considered if awardee shall report program outlays when practical and deemed necessary, the information is considered useful); and program income on the same CSREES may require grantees to report the reasons for slippage if established accounting basis (i.e., cash or accrual) in the ‘‘Remarks’’ section the amount of goals were not met; and additional that it uses in its normal accounting cash advances received in excess of pertinent information including, when system. When submitting a final SF– three days (i.e., short narrative with appropriate, analysis and explanation of 269, Financial Status Report, the total explanations of actions taken to reduce

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the excess balances). When CSREES a recommendation within 60 days and respond to potential food safety hazards needs additional information or more forwarded to the Deputy Administrator, in the production and processing of frequent reports, the following will be Office of Extramural Programs for specialty crops, including fresh observed: When additional information disposition. produce. CSREES will award research is needed to comply with legislative and extension, including integrated § 3430.58 Closeout. requirements, CSREES will issue grants to eligible institutions listed in instructions to require grantees to Most CSREES awards are supported § 3430.203. In addition to the focus submit such information under the with annual appropriations. On areas defined in this section, CSREES ‘‘Remarks’’ section of the reports; and September 30th of the 5th fiscal year may include additional activities or CSREES determines that a grantee’s after the period of availability for focus areas that will further address the accounting system is inadequate, obligation, the funds for these critical needs of the specialty crop additional pertinent information to appropriations accounts expire per 31 industry. Some of these activities or further monitor awards may be obtained U.S.C. 1552 and the account is closed. focus areas may be identified by upon written notice to the grantee until Funds that have not been drawn stakeholder groups or by USDA in such time as the system is brought up through DHHS–PMS by the grantee or response to emerging critical needs of to standard. CSREES, in obtaining this disbursed through any other system or the specialty crop industry. information, shall comply with the PRA method by August 31st (of the fifth year clearance requirements and the appropriation) are subject to be returned § 3430.202 Definitions. implementing regulations codified at 5 to the U.S. Department of Treasury after The definitions applicable to the CFR part 1320. that date. Please note that the August program under this subpart include: 31st requirement also applies to awards § 3430.56 Project meetings. with a 90-day period concluding on a Integrated means for the purposes of this program to incorporate the research In addition to reviewing (and date after September 30th of that and extension components of the monitoring the status of) progress and following fifth year. Please note expired agricultural knowledge system around a final technical reports and financial appropriations cannot be restored after problem area or activity. reports, CSREES program officers may this date. More specific instructions are use regular and periodic conference provided in the CSREES award terms Specialty crop means fruits and calls to monitor the grantee’s and conditions. vegetables, tree nuts, dried fruits, and horticulture and nursery crops performance as well as PD conferences, Research Programs workshops, meetings, and symposia to (including floriculture). not only monitor the grants, but to Subpart F—Specialty Crop Research § 3430.203 Eligibility. facilitate communication and the Initiative sharing of project results. These Eligible applicants for the grant opportunities also serve to eliminate or § 3430.200 Applicability of regulations. program implemented under this minimize CSREES funding unneeded The regulations in this subpart apply subpart include: Federal agencies; duplicative project activities. Required to the program authorized under section national laboratories; colleges and attendance at these conference calls, 412 of the Agricultural Research, universities; research institutions and conferences, workshops, meetings, and Extension, and Education Reform Act of organizations; private organizations or symposia will be identified in the RFA 1998 (7 U.S.C. 7621 et seq.). corporations; State agricultural and the grantee should develop a experiment stations; individuals; and § 3430.201 Purpose. proposal accordingly. groups consisting of 2 or more entities The purpose of this program is to identified in this sentence. To be § 3430.57 Hearings and appeals. address the critical needs of the eligible under this part, individuals (a) Scope of the post-award disputes specialty crop industry by developing must be a citizen or national of the covered. The disputes covered by this and disseminating science-based tools United States as defined in § 3430.2 of section include: Cost disallowances to address needs of specific crops and this part. Eligible institutions do not pursuant to the ADO’s decision (e.g., their regions, including: Research in include foreign and international specific disallowances under an plant breeding, genetics, and genomics organizations, unless otherwise individual grant or as the result of an to improve crop characteristics, such as provided in the RFA. audit report); termination orders; and product, taste, quality, and appearance; § 3430.204 Project types and priorities. the final settlement amount under a environmental responses and termination. tolerances; nutrient management, For each RFA, CSREES may develop (b) Procedures. The grantee should including plant nutrient uptake and include the appropriate project submit a letter to the ADO from the efficiency; pest and disease types and focus areas (in addition to the applicant’s AR, via mail, e-mail, or fax, management, including resistance to five activities or focus areas identified noting the grantee’s dispute and pests and diseases resulting in reduced in 3430.201) based on the critical needs identifying the Grants Officer’s decision application management strategies; and of the specialty crop industry as in question, giving reasons for a request enhanced phytonutrient content; efforts identified through stakeholder input to review and providing any other to identify and address threats from and deemed appropriate by CSREES. Of material pertinent to the request. The pests and diseases, including threats to the funds made available each fiscal letter to the ADO must be dated no later specialty crop pollinators; efforts to year, not less than 10 percent of these than 60 days after the date of the letter improve production efficiency, funds shall be allocated for each activity notifying the grantee of the decision in productivity, and profitability over the or focus area identified in § 3430.201. In question. CSREES retains the right to long term (including specialty crop making awards for this program, USDA consider requests for review after the policy and marketing); new innovations will give higher priority to projects that 60-day period in extenuating and technology, including improved are multistate, multi-institutional, and circumstances. The ADO will review or mechanization and technologies that multidisciplinary; and include explicit designate an individual to review the delay or inhibit ripening; and methods mechanisms to communicate the results request. A report will be prepared with to prevent, detect, monitor, control, and to producers and the public.

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§ 3430.205 Funding restrictions. SUMMARY: This rule establishes, amends, Flight Standards Service, Federal Funds made available under this suspends, or revokes Standard Aviation Administration, Mike subpart shall not be used for the Instrument Approach Procedures Monroney Aeronautical Center, 6500 construction of a new building or (SIAPs) and associated Takeoff South MacArthur Blvd., Oklahoma City, facility or the acquisition, expansion, Minimums and Obstacle Departure OK 73169 (Mail Address: P.O. Box remodeling, or alteration of an existing Procedures for operations at certain 25082 Oklahoma City, OK 73125) facility (including site grading and airports. These regulatory actions are telephone: (405) 954–4164. improvement, and architect fees). needed because of the adoption of new SUPPLEMENTARY INFORMATION: This rule Indirect costs are subject to NARETPA or revised criteria, or because of changes amends Title 14, Code of Federal section 1462(a) limiting indirect costs to occurring in the National Airspace Regulations, Part 97 (14 CFR part 97) by 22 percent of the total Federal funds System, such as the commissioning of amending the referenced SIAPs. The provided under each award unless new navigational facilities, adding new complete regulatory description of each superseded by another authority. The obstacles, or changing air traffic SIAP is listed on the appropriate FAA maximum allowed indirect cost of 22 requirements. These changes are Form 8260, as modified by the National percent may be claimed under the designed to provide safe and efficient Flight Data Center (FDC)/Permanent Federal portion of the award budget, or use of the navigable airspace and to Notice to Airmen (P–NOTAM), and is the maximum allowed indirect cost of promote safe flight operations under incorporated by reference in the 22 percent may be claimed as a instrument flight rules at the affected amendment under 5 U.S.C. 552(a), 1 matching contribution (if no indirect airports. CFR part 51, and § 97.20 of Title 14 of costs are requested on the Federal DATES: This rule is effective August 1, the Code of Federal Regulations. portion of the budget). However, the 2008. The compliance date for each The large number of SIAPs, their maximum allowed indirect cost of 22 SIAP, associated Takeoff Minimums, complex nature, and the need for a percent may not be claimed on both the and ODP is specified in the amendatory special format make their verbatim Federal portion of the budget for the provisions. publication in the Federal Register award and as a matching contribution; The incorporation by reference of expensive and impractical. Further, but a grantee may, for example, request certain publications listed in the airmen do not use the regulatory text of 11 percent of indirect costs on both the regulations is approved by the Director the SIAPs, but refer to their graphic Federal portion of the budget for the of the Federal Register as of August 1, depiction on charts printed by award and as a matching contribution. 2008. publishers of aeronautical materials. Or, a grantee may request any other, ADDRESSES: Availability of matter Thus, the advantages of incorporation similar percentage combination that, incorporated by reference in the by reference are realized and when combined, does not exceed a amendment is as follows: publication of the complete description maximum indirect cost rate of 22 of each SIAP contained in FAA form percent. For Examination— documents is unnecessary. This § 3430.206 Matching requirements. 1. FAA Rules Docket, FAA amendment provides the affected CFR Grantees are required to provide Headquarters Building, 800 sections and specifies the types of SIAP funds or in-kind support from non- Independence Avenue, SW., and the corresponding effective dates. Federal sources in an amount that is at Washington, DC 20591; This amendment also identifies the least equal to the amount provided by 2. The FAA Regional Office of the airport and its location, the procedure the Federal government. The matching region in which the affected airport is and the amendment number. contribution must be provided from located; 3. The National Flight Procedures The Rule non-Federal sources except when Office, 6500 South MacArthur Blvd., authorized by statute. The matching This amendment to 14 CFR part 97 is Oklahoma City, OK 73169 or, requirements under this subpart cannot effective upon publication of each 4. The National Archives and Records be waived. separate SIAP as amended in the Administration (NARA). For transmittal. For safety and timeliness of Signed at Washington, DC, on July 28, Information on the availability of this change considerations, this amendment 2008. material at NARA, call 202–741–6030, incorporates only specific changes Colien Hefferan, or go to: http://www.archives.gov/ contained for each SIAP as modified by Administrator, Cooperative State Research, federal_register/ FDC/P–NOTAMs. Education, and Extension Service. code_of_federal_regulations/ The SIAPs, as modified by FDC P– [FR Doc. E8–17594 Filed 7–31–08; 8:45 am] ibr_locations.html. NOTAM, and contained in this BILLING CODE 3410–22–P Availability—All SIAPs are available amendment are based on the criteria online free of charge. Visit nfdc.faa.gov contained in the U.S. Standard for to register. Additionally, individual Terminal Instrument Procedures DEPARTMENT OF TRANSPORTATION SIAP and Takeoff Minimums and ODP (TERPS). In developing these changes to copies may be obtained from: SIAPs, the TERPS criteria were applied 14 CFR Part 97 1. FAA Public Inquiry Center (APA– only to specific conditions existing at [Docket No. 30621; Amdt. No. 3281] 200), FAA Headquarters Building, 800 the affected airports. All SIAP Independence Avenue, SW., amendments in this rule have been Standard Instrument Approach Washington, DC 20591; or previously issued by the FAA in a FDC Procedures, and Takeoff Minimums 2. The FAA Regional Office of the NOTAM as an emergency action of and Obstacle Departure Procedures; region in which the affected airport is immediate flight safety relating directly Miscellaneous Amendments located. to published aeronautical charts. The FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation circumstances which created the need Administration (FAA), DOT. Harry J. Hodges, Flight Procedure for all these SIAP amendments requires Standards Branch (AFS–420) Flight making them effective in less than 30 ACTION: Final rule. Technologies and Programs Division, days.

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Because of the close and immediate impact is so minimal. For the same PART 97—STANDARD INSTRUMENT relationship between these SIAPs and reason, the FAA certifies that this APPROACH PROCEDURES safety in air commerce, I find that notice amendment will not have a significant and public procedure before adopting economic impact on a substantial 1. The authority citation for part 97 these SIAPs are impracticable and number of small entities under the continues to read as follows: contrary to the public interest and, criteria of the Regulatory Flexibility Act. Authority: 49 U.S.C. 106(g), 40103, 40106, where applicable, that good cause exists List of Subjects in 14 CFR Part 97 40113, 40114, 40120, 44502, 44514, 44701, for making these SIAPs effective in less 44719, 44721–44722. than 30 days. Air Traffic Control, Airports, I 2. Part 97 is amended to read as Conclusion Incorporation by reference, and follows: Navigation (Air). The FAA has determined that this Issued in Washington, DC on July 25, 2008. §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, regulation only involves an established 97.35 [Amended] body of technical regulations for which James J. Ballough, frequent and routine amendments are Director, Flight Standards Service. By amending: § 97.23 VOR, VOR/ DME, VOR or TACAN, and VOR/DME necessary to keep them operationally Adoption of the Amendment current. It, therefore—(1) Is not a or TACAN; § 97.25 LOC, LOC/DME, ‘‘significant regulatory action’’ under I Accordingly, pursuant to the authority LDA, LDA/DME, SDF, SDF/DME; DOT Regulatory Order 12866; (2) is not delegated to me, Title 14, Code of § 97.27 NDB, NDB/DME; § 97.29 ILS, a ‘‘significant rule’’ under DOT Federal regulations, Part 97, 14 CFR part ILS/DME, ISMLS, MLS/DME, MLS/ regulatory Policies and Procedures (44 97, is amended by amending Standard RNAV; § 97.31 RADAR SIAPs; § 97.33 FR 11034; February 26, 1979); and (3) Instrument Approach Procedures, RNAV SIAPs; and § 97.35 COPTER does not warrant preparation of a effective at 0901 UTC on the dates SIAPs, identified as follows: regulatory evaluation as the anticipated specified, as follows: * * * Effective Upon Publication

FDC FDC date State City Airport No. Subject

07/10/08 ...... CT DANIELSON ...... DANIELSON ...... 8/6791 VOR–A, AMDT 6B. 07/10/08 ...... FL FORT LAUDERDALE..... FORT LAUDERDALE/HOLLYWOOD 8/6793 RNAV (GPS) RWY 13, ORIG–A. INTL. 07/10/08 ...... NY ROCHESTER ...... GREATER ROCHESTER INTL ...... 8/6804 ILS OR LOC RWY 4, AMDT 18. 07/10/08 ...... CT WINDSOR LOCKS...... BRADLEY INTL...... 8/6807 VOR OR TACAN RWY 33, ORIG–B. 07/10/08 ...... VA RICHMOND/ASHLAND ... HANOVER COUNTY MUNI ...... 8/6823 VOR RWY 16, AMDT 2. 07/11/08 ...... NH PORTSMOUTH ...... PORTSMOUTH INTERNATIONAL AT 8/7037 ILS OR LOC RWY 34, AMDT 2. PEASE. 07/11/08 ...... VA MARTINSVILLE ...... BLUE RIDGE ...... 8/7042 TAKEOFF MINS AND OBSTA- CLE DP, AMDT 2. 07/11/08 ...... VA MARTINSVILLE ...... BLUE RIDGE ...... 8/7043 RNAV (GPS) RWY 30, AMDT 1. 07/11/08 ...... MN WILLMAR ...... WILLMAR MUNI—JOHN L RICE 8/7083 RNAV (GPS) RWY 13, ORIG. FIELD. 07/11/08 ...... MN ST. PAUL...... ST PAUL DOWNTOWN HOLMAN 8/7119 ILS OR LOC RWY 32, AMDT FLD. 4A. 07/11/08 ...... MN ST. PAUL...... ST PAUL DOWNTOWN HOLMAN 8/7120 ILS RWY 14, ORIG–A. FLD. 07/11/08 ...... MN ST. PAUL...... ST PAUL DOWNTOWN HOLMAN 8/7121 COPTER ILS RWY 32, ORIG. FLD. 07/11/08 ...... OH JACKSON ...... JAMES A. RHODES ...... 8/7131 RNAV (GPS) RWY 1, AMDT 1. 07/11/08 ...... OH JACKSON ...... JAMES A. RHODES ...... 8/7132 RNAV (GPS) RWY 19, AMDT 1. 07/11/08 ...... OH JACKSON ...... JAMES A. RHODES ...... 8/7133 VOR/DME A, AMDT 2 07/11/08...... AK NOME ...... NOME ...... 8/7169 ILS OR LOC/DME Y RWY 28, AMDT 3. 07/11/08 ...... AK NOME ...... NOME ...... 8/7170 ILS OR LOC/DME Z RWY 28, AMDT 3. 07/11/08 ...... NE LEXINGTON ...... JIM KELLY FIELD ...... 8/7183 RNAV (GPS) RWY 14, AMDT 1. 07/12/08 ...... MI OSCODA ...... OSCODA–WURTSMITH ...... 8/7241 ILS OR LOC/DME RWY 24, AMDT 2. 07/12/08 ...... MI FLINT ...... BISHOP INTL ...... 8/7242 RNAV (GPS) RWY 9, ORIG. 07/12/08 ...... MI FLINT ...... BISHOP INTL ...... 8/7243 RNAV (GPS) RWY 18, ORIG. 07/12/08 ...... PA PITTSBURGH ...... PITTSBURGH INTL ...... 8/7266 RNAV (GPS) RWY 14, AMDT 3. 07/13/08 ...... NE GRANT ...... GRANT MUNI ...... 8/7318 NDB RWY 15, AMDT 3. 07/13/08 ...... NE GRANT ...... GRANT MUNI ...... 8/7319 NDB RWY 33, AMDT 3. 07/13/08 ...... NE GRANT ...... GRANT MUNI ...... 8/7320 VOR/DME RWY 15, ORIG. 07/14/08 ...... NC WADESBORO ...... ANSON COUNTY ...... 8/7439 RNAV (GPS) RWY 16, ORIG. 07/14/08 ...... OK TULSA ...... TULSA INTL ...... 8/7489 RNAV (GPS) RWY 36L, ORIG. 07/14/08 ...... OK BUFFALO ...... BUFFALO MUNI ...... 8/7490 NDB A, AMDT 2A. 07/14/08 ...... OK BUFFALO ...... BUFFALO MUNI ...... 8/7491 RNAV (GPS) RWY 17, ORIG. 07/16/08 ...... AK YAKUTAT ...... YAKUTAT ...... 8/7878 RNAV (GPS) RWY 29, AMDT 2. 07/16/08 ...... OR NORTH BEND ...... SOUTHWEST OREGON RGNL ...... 8/7879 TAKEOFF MINS AND OBSTA- CLE DP, AMDT 4. 07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ...... 8/7885 RNAV (GPS) RWY 15, ORIG. 07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ...... 8/7888 VOR/DME A, ORIG–A. 07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ...... 8/7889 RNAV (GPS) RWY 33, ORIG.

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FDC FDC date State City Airport No. Subject

07/16/08 ...... KS FORT LEAVENWORTH .. SHERMAN AAF ...... 8/7890 NDB RWY 33, AMDT 4. 07/21/08 ...... FL ORLANDO ...... ORLANDO INTL ...... 8/8597 RNAV (GPS) RWY 17L, ORIG– A. 07/21/08 ...... FL ORLANDO ...... ORLANDO INTL ...... 8/8598 ILS OR LOC RWY 17L, ORIG–A. 07/21/08 ...... CA SAN DIEGO/EL CAJON GILLESPIE FIELD ...... 8/8677 LOC–D, AMDT 10A. 05/31/08 ...... MT GREAT FALLS ...... GREAT FALLS INTL ...... 8/9063 NDB RWY 34, AMDT 16A THIS NOTAM PUBLISHED IN TL 08–15 IS HEREBY RE- SCINDED. 05/31/08 ...... IN RICHMOND ...... RICHMOND MUNI ...... 8/9127 VOR OR GPS RWY 6, AMDT 11A. THIS NOTAM PUB- LISHED IN TL 08–15 IS HEREBY RESCINDED IN ITS ENTIRETY.

[FR Doc. E8–17619 Filed 7–31–08; 8:45 am] Coast Guard Sector San Diego, 2710 N. public interest not to publish this rule BILLING CODE 4910–13–P Harbor Drive, San Diego, CA 92101 due to protection from inherent dangers between 8 a.m. and 3 p.m., Monday to the crew and public that are present through Friday, except Federal holidays. from a fireworks display. DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If Background and Purpose SECURITY you have questions on this temporary rule, call Petty Officer Kristen Beer, Fireworks & Stage FX America, Inc. is Coast Guard USCG, Waterways Management, U.S. sponsoring the Bollotta & Associates Coast Guard Sector San Diego at (619) USS Midway Fireworks Display, a 33 CFR Part 165 278–7233. If you have questions on fireworks presentation from an anchored barge located 250 yards from [Docket No. USCG–2008–0720] viewing the docket, call Renee V. Wright, Program Manager, Docket the USS Midway. The safety zone will RIN 1625–AA00 Operations, telephone 202–366–9826. be an area consisting of a 200 yard radius around the barge. This safety Safety Zone; Bollotta & Associates SUPPLEMENTARY INFORMATION: zone is necessary to provide for the USS Midway Fireworks Display; San Regulatory Information safety of the crew, spectators, vessels Diego Harbor, San Diego, CA and other users of the waterway. The Coast Guard is issuing this AGENCY: Coast Guard, DHS. temporary final rule without prior Discussion of Rule ACTION: Temporary final rule. notice and opportunity to comment The Coast Guard is establishing a pursuant to authority under section 4(a) safety zone that will be enforced from SUMMARY: The Coast Guard is of the Administrative Procedure Act establishing a safety zone, on the 9:30 p.m. to 10 p.m. on August 2, 2008. (APA) (5 U.S.C. 553(b)). This provision The limits of the safety zone will be an navigable waters of the San Diego Bay authorizes an agency to issue a rule in support of the Bollotta & Associates area consisting of a 200 yard radius without prior notice and opportunity to around the anchored barge located at USS Midway Fireworks Display. This comment when the agency for good ° ′ ″ ° ′ ″ safety zone is necessary to provide for approximately 32 42 48 N, 117 10 43 cause finds that those procedures are W. the safety of the participants, crew, ‘‘impracticable, unnecessary, or contrary spectators, participating vessels, and The safety zone is necessary to to the public interest.’’ Under 5 U.S.C. provide for the safety of the crews, other vessels and users of the waterway. 553(b)(B), the Coast Guard finds that Persons and vessels are prohibited from spectators, and other vessels and users good cause exists for not publishing a of the waterway. Persons and vessels entering into, transiting through, or notice of proposed rulemaking (NPRM) anchoring within this safety zone unless will be prohibited from entering into, with respect to this rule because it was transiting through, or anchoring within authorized by the Captain of the Port, or impracticable since the logistical details his designated representative. this safety zone unless authorized by the of the fireworks show was not finalized Captain of the Port, or his designated DATES: This rule is effective from 9:30 nor presented to the Coast Guard in representative. p.m. through 10 p.m. on August 2, 2008. enough time to draft and publish an ADDRESSES: Documents indicated in this NPRM. As such, the event would occur Regulatory Analyses preamble as being available in the before the rulemaking process was We developed this rule after docket are part of docket USCG–2008– complete. considering numerous statutes and 0720 and are available online at Under 5 U.S.C. 553(d)(3), the Coast executive orders related to rulemaking. http://www.regulations.gov. They are Guard finds that good cause exists for Below we summarize our analyses also available for inspection or copying making this rule effective less than 30 based on 13 of these statutes or at two locations: The Docket days after publication in the Federal executive orders. Management Facility (M–30), U.S. Register. The issuance of the final Department of Transportation, West approval and permitting was so recent Regulatory Planning and Review Building Ground Floor, Room W12–140, that in order for the rule to be in effect This rule is not a significant 1200 New Jersey Avenue, SE., at the time of the fireworks display it is regulatory action under section 3(f) of Washington, DC 20590, between 9 a.m. necessary that the rule be made effective Executive Order 12866, Regulatory and 5 p.m., Monday through Friday, less than 30 days after publication. In Planning and Review, and does not except Federal holidays, and the U.S. addition, it would be contrary to the require an assessment of potential costs

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and benefits under section 6(a)(3) of that and the Regional Small Business health or risk to safety that may Order. The Office of Management and Regulatory Fairness Boards. The disproportionately affect children. Budget has not reviewed it under that Ombudsman evaluates these actions Indian Tribal Governments Order. annually and rates each agency’s We expect the economic impact of responsiveness to small business. If you This rule does not have tribal this proposed rule to be so minimal that wish to comment on actions by implications under Executive Order a full Regulatory Evaluation is employees of the Coast Guard, call 13175, Consultation and Coordination unnecessary. 1–888–REG–FAIR (1–888–734–3247). with Indian Tribal Governments, This determination is based on the The Coast Guard will not retaliate because it does not have a substantial size and location of the safety zone. against small entities that question or direct effect on one or more Indian Commercial and recreational vessels complain about this rule or any policy tribes, on the relationship between the will not be hindered by the safety zone. or action of the Coast Guard. Federal Government and Indian tribes, Vessels will not be allowed to transit or on the distribution of power and through the designated safety zone Collection of Information responsibilities between the Federal during the specified times, however, This rule calls for no new collection Government and Indian tribes. vessel traffic can pass safely around the of information under the Paperwork Energy Effects safety zone. Reduction Act of 1995 (44 U.S.C. 3501– 3520). We have analyzed this rule under Small Entities Executive Order 13211, Actions Under the Regulatory Flexibility Act Federalism Concerning Regulations That (5 U.S.C. 601–612), we have considered A rule has implications for federalism Significantly Affect Energy Supply, whether this rule would have a under Executive Order 13132, Distribution, or Use. We have significant economic impact on a Federalism, if it has a substantial direct determined that it is not a ‘‘significant substantial number of small entities. effect on State or local governments and energy action’’ under that order because The term ‘‘small entities’’ comprises would either preempt State law or it is not a ‘‘significant regulatory action’’ small businesses, not-for-profit impose a substantial direct cost of under Executive Order 12866 and is not organizations that are independently compliance on them. We have analyzed likely to have a significant adverse effect owned and operated and are not this rule under that Order and have on the supply, distribution, or use of dominant in their fields, and determined that it does not have energy. The Administrator of the Office governmental jurisdictions with implications for federalism. of Information and Regulatory Affairs populations of less than 50,000. has not designated it as a significant The Coast Guard certifies under 5 Unfunded Mandates Reform Act energy action. Therefore, it does not U.S.C. 605(b) that this rule will not have require a Statement of Energy Effects The Unfunded Mandates Reform Act a significant economic impact on a under Executive Order 13211. of 1995 (2 U.S.C. 1531–1538) requires substantial number of small entities. This rule will affect the following Federal agencies to assess the effects of Technical Standards entities, some of which may be small their discretionary regulatory actions. In The National Technology Transfer entities: The owners or operators of particular, the Act addresses actions and Advancement Act (NTTAA) (15 vessels intending to transit or anchor in that may result in the expenditure by a U.S.C. 272 note) directs agencies to use a portion of the San Diego Bay from 9:30 State, local, or tribal government, in the voluntary consensus standards in their p.m. to 10 p.m. on August 2, 2008. aggregate, or by the private sector of regulatory activities unless the agency This safety zone will not have a $100,000,000 or more in any one year. provides Congress, through the Office of significant economic impact on a Though this rule will not result in such Management and Budget, with an substantial number of small entities for an expenditure, we do discuss the explanation of why using these the following reasons. This rule will be effects of this rule elsewhere in this standards would be inconsistent with in effect for only one half hour late in preamble. applicable law or otherwise impractical. the day when vessel traffic is low. Taking of Private Property Voluntary consensus standards are Vessel traffic can pass safely around the technical standards (e.g., specifications safety zone. Before the effective period, This rule will not effect a taking of of materials, performance, design, or the Coast Guard will publish a local private property or otherwise have operation; test methods; sampling notice to mariners (LNM) and will issue taking implications under Executive procedures; and related management broadcast notice to mariners (BNM) Order 12630, Governmental Actions and systems practices) that are developed or alerts via marine channel 16 VHF before Interference with Constitutionally adopted by voluntary consensus the safety zone is enforced. Protected Property Rights. standards bodies. Civil Justice Reform This rule does not use technical Assistance for Small Entities standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to we offer to assist small entities in minimize litigation, eliminate Environment understanding the rule so that they can ambiguity, and reduce burden. We have analyzed this rule under Commandant Instruction M16475.lD better evaluate its effects on them and Protection of Children participate in the rulemaking process. and Department of Homeland Security Small businesses may send comments We have analyzed this rule under Management Directive 5100.1, which on the actions of Federal employees Executive Order 13045, Protection of guide the Coast Guard in complying who enforce, or otherwise determine Children from Environmental Health with the National Environmental Policy compliance with, Federal regulations to Risks and Safety Risks. This rule is not Act of 1969 (NEPA) (42 U.S.C. 4321– the Small Business and Agriculture an economically significant rule and 4370f), and have concluded that there Regulatory Enforcement Ombudsman does not create an environmental risk to are no factors in this case that would

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limit the use of a categorical exclusion (2) Mariners requesting permission to and 5 p.m., Monday through Friday, under section 2.B.2 of the Instruction. transit through the safety zone may except Federal holidays, and the Therefore, this rule is categorically request authorization to do so from the Waterways Management Division, Coast excluded, under figure 2–1, paragraph Patrol Commander (PATCOM). The Guard Sector Seattle, 1519 Alaskan Way (34)(g), of the Instruction, from further PATCOM may be contacted on VHF–FM South, Seattle, WA 98134, between 8 environmental documentation. A final Channel 16. a.m. and 4 p.m., Monday through environmental analysis checklist and a (3) All persons and vessels shall Friday, except Federal holidays. final categorical exclusion comply with the instructions of the FOR FURTHER INFORMATION CONTACT: determination are available in the Coast Guard Captain of the Port or the If docket where indicated under designated representative. you have questions on this temporary ADDRESSES. (4) Upon being hailed by U.S. Coast rule, call Ensign Heidi Bevis, c/o Guard patrol personnel by siren, radio, Captain of the Port Puget Sound, 1519 List of Subjects in 33 CFR Part 165 flashing light, or other means, the Alaskan Way South, Seattle, Harbors, Marine safety, Navigation operator of a vessel shall proceed as Washington 98134, (206) 217–6002. If (water), Reporting and recordkeeping directed. you have questions on viewing the requirements, Security measures, (5) The Coast Guard may be assisted docket, call Renee V. Wright, Program Waterways. by other federal, state, or local agencies. Manager, Docket Operations, telephone 202–366–9826. Words of Issuance and Proposed Dated: July 22, 2008. Regulatory Text T.H. Farris, SUPPLEMENTARY INFORMATION: Captain, U.S. Coast Guard, Captain of the I For the reasons discussed in the Port Sector San Diego. Regulatory Information preamble, the Coast Guard amends 33 [FR Doc. E8–17608 Filed 7–31–08; 8:45 am] CFR part 165 as follows: The Coast Guard is issuing this BILLING CODE 4910–15–P temporary final rule without prior PART 165—REGULATED NAVIGATION notice and opportunity to comment AREAS AND LIMITED ACCESS AREAS pursuant to authority under section 4(a) DEPARTMENT OF HOMELAND of the Administrative Procedure Act I 1. The authority citation for part 165 SECURITY (APA) (5 U.S.C. 553(b)). This provision continues to read as follows: Coast Guard authorizes an agency to issue a rule Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. without prior notice and opportunity to Chapter 701; 50 U.S.C. 191, 195; 33 CFR 33 CFR Part 165 comment when the agency for good 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. cause finds that those procedures are 107–295, 116 Stat. 2064; Department of [Docket No. USCG–2008–0732] ‘‘impracticable, unnecessary, or contrary Homeland Security Delegation No. 0170.1. RIN 1625–AA00 to the public interest.’’ Under 5 U.S.C. I 2. A new temporary safety zone 553(b)(B), the Coast Guard finds that § 165.T11–074: Safety Zone; Seafair Fireworks, Lake good cause exists for not publishing a Washington, WA notice of proposed rulemaking (NPRM) § 165.T11–074 Safety zone; Bollotta & with respect to this rule because Associates USS Midway Fireworks Display; AGENCY: Coast Guard, DHS. immediate action is necessary to ensure San Diego Harbor, San Diego, CA. ACTION: Temporary final rule. the safety of commercial and (a) Location. The limits of the SUMMARY: The Coast Guard is recreational vessels in the vicinity of the proposed safety zone would be an area fireworks on the date and times this rule consisting of a 200 yard radius around establishing a temporary safety zone on the waters of Lake Washington, WA will be in effect and delay would be an anchored barge located at contrary to the public interest. approximately 32°42′48″ N, 117°10′63″ during Seattle’s Seafair Fireworks show. W. This safety zone is necessary to ensure Under 5 U.S.C. 553(d)(3), the Coast (b) Enforcement Period. This section the safety of recreational and Guard finds that good cause exists for will be enforced from 9:30 p.m. to 10 commercial boaters in the area during making this rule effective less than 30 p.m. on August 2, 2008. If the event the fireworks show on August 2nd, days after publication in the Federal concludes prior to the scheduled 2008. Entry into, transit through, Register. Delaying the effective date termination time, the Captain of the Port mooring, or anchoring within this zone would be contrary to the public interest, will cease enforcement of this safety is prohibited unless authorized by the since immediate action is needed to zone and will announce that fact via Captain of the Port, Puget Sound or his ensure public safety. designated representatives. Broadcast Notice to Mariners. Background and Purpose (c) Definitions. The following DATES: This rule is effective from 8 p.m. definition applies to this section: until 11:59 p.m. (PDT) on August 2nd, The Coast Guard is establishing a Designated representative, means any 2008. temporary safety zone to provide for the commissioned, warrant, and petty ADDRESSES: Documents mentioned in safety of boaters during Seattle’s Seafair officers of the Coast Guard on board this preamble as being available in the Fireworks Show. The Coast Guard is Coast Guard, Coast Guard Auxiliary, docket are part of docket USCG–2008– establishing this zone to protect vessels and local, state, and federal law 0732 and are available online at and persons from the hazards associated enforcement vessels who have been http://www.regulations.gov. This with the fallout of burning embers that authorized to act on the behalf of the material is also available for inspection will be generated by the fireworks. The Captain of the Port. or copying at two locations: The Docket safety zone is also intended to protect (d) Regulations. (1) Entry into, transit Management Facility (M–30), U.S. boaters from the hazards associated with through or anchoring within this safety Department of Transportation, West excessive vessel congestion associated zone is prohibited unless authorized by Building Ground Floor, Room W12–140, with Seafair’s activities. The safety zone the Captain of the Port of San Diego or 1200 New Jersey Avenue, SE., is needed to keep vessels out of the his designated on-scene representative. Washington, DC 20590, between 9 a.m. affected area during the show.

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Discussion of Rule safety zone. Before the effective period, effects of this rule elsewhere in this This temporary rule will prohibit the we will issue maritime advisories to preamble. users of Lake Washington. Because the entering, transiting, anchoring, or Taking of Private Property mooring of all vessels in a safety zone impacts of this rule are expected to be on Lake Washington. The safety zone so minimal, the Coast Guard certifies This rule will not effect a taking of includes all waters within a 1000 feet under 605(b) of the Regulatory private property or otherwise have radius centered on the point 47°34′15″ Flexibility Act (5 U.S.C. 601 et seq.) that taking implications under Executive North latitude, 122°16′10″ West this temporary rule will not have a Order 12630, Governmental Actions and longitude on Lake Washington. significant economic impact on a Interference with Constitutionally The Coast Guard, through this action, substantial number of small entities. Protected Property Rights. intends to promote the safety of Assistance for Small Entities Civil Justice Reform personnel and vessels in the area. Entry into this zone by all vessels will be Under section 213(a) of the Small This rule meets applicable standards prohibited unless authorized by the Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive Captain of the Port. This safety zone Fairness Act of 1996 (Pub. L. 104–121), Order 12988, Civil Justice Reform, to will be enforced by the U.S. Coast we offer to assist small entities in minimize litigation, eliminate Guard. The Captain of the Port may be understanding the rule so that they can ambiguity, and reduce burden. assisted in the enforcement of this safety better evaluate its effects on them and Protection of Children zone by other federal, state, or local participate in the rulemaking process. We have analyzed this rule under agencies. Small businesses may send comments Executive Order 13045, Protection of Regulatory Analyses on the actions of Federal employees Children from Environmental Health who enforce, or otherwise determine Risks and Safety Risks. This rule is not We developed this rule after compliance with, Federal regulations to considering numerous statutes and an economically significant rule and the Small Business and Agriculture does not create an environmental risk to executive orders related to rulemaking. Regulatory Enforcement Ombudsman Below we summarize our analyses health or risk to safety that may and the Regional Small Business disproportionately affect children. based on 13 of these statutes or Regulatory Fairness Boards. The executive orders. Ombudsman evaluates these actions Indian Tribal Governments Regulatory Planning and Review annually and rates each agency’s This rule does not have tribal responsiveness to small business. If you This rule is not a significant implications under Executive Order wish to comment on actions by regulatory action under section 3(f) of 13175, Consultation and Coordination employees of the Coast Guard, call 1– Executive Order 12866, Regulatory with Indian Tribal Governments, 888–REG–FAIR (1–888–734–3247). The Planning and Review, and does not because it does not have a substantial require an assessment of potential costs Coast Guard will not retaliate against direct effect on one or more Indian and benefits under section 6(a)(3) of that small entities that question or complain tribes, on the relationship between the Order. The Office of Management and about this rule or any policy or action Federal Government and Indian tribes, Budget has not reviewed it under that of the Coast Guard. or on the distribution of power and Order. This expectation is based on the Collection of Information responsibilities between the Federal fact that the regulated area established Government and Indian tribes. This rule calls for no new collection by the regulation would encompass a Energy Effects small area that should not significantly of information under the Paperwork impact commercial or recreational Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under traffic. For the above reasons, the Coast 3520). Executive Order 13211, Actions Guard does not anticipate any Federalism Concerning Regulations That significant economic impact. Significantly Affect Energy Supply, A rule has implications for federalism Distribution, or Use. We have Small Entities under Executive Order 13132, determined that it is not a ‘‘significant Under the Regulatory Flexibility Act Federalism, if it has a substantial direct energy action’’ under that order because (5 U.S.C. 601–612), we have considered effect on State or local governments and it is not a ‘‘significant regulatory action’’ whether this rule would have a would either preempt State law or under Executive Order 12866 and is not significant economic impact on a impose a substantial direct cost of likely to have a significant adverse effect substantial number of small entities. compliance on them. We have analyzed on the supply, distribution, or use of The term ‘‘small entities’’ comprises this rule under that Order and have energy. The Administrator of the Office small businesses, not-for-profit determined that it does not have of Information and Regulatory Affairs organizations that are independently implications for federalism. has not designated it as a significant owned and operated and are not Unfunded Mandates Reform Act energy action. Therefore, it does not dominant in their fields, and require a Statement of Energy Effects governmental jurisdictions with The Unfunded Mandates Reform Act under Executive Order 13211. populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires This rule will affect the following Federal agencies to assess the effects of Technical Standards entities, some of which may be small their discretionary regulatory actions. In The National Technology Transfer entities: The owners or operators of particular, the Act addresses actions and Advancement Act (NTTAA) (15 vessels intending to transit this portion that may result in the expenditure by a U.S.C. 272 note) directs agencies to use of Lake Washington during the time this State, local, or tribal government, in the voluntary consensus standards in their regulation is in effect. The zone will not aggregate, or by the private sector of regulatory activities unless the agency have a significant economic impact due $100,000,000 or more in any one year. provides Congress, through the Office of to its short duration and small area. Though this rule will not result in such Management and Budget, with an Vessel traffic can safely pass around the an expenditure, we do discuss the explanation of why using these

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standards would be inconsistent with (b) Regulations. In accordance with vacated by the U.S. Court of Appeals for applicable law or otherwise impractical. the general regulations in 33 CFR part the 9th Circuit in Safe Air for Everyone Voluntary consensus standards are 165, subpart C, no vessel may enter, v. USEPA, 475 F.3d 1096, amended 488 technical standards (e.g., specifications transit, moor, or anchor within this F.3d 1088 (9th Cir 2007) (SAFE of materials, performance, design, or safety zone, except for vessels decision). In the EPA’s April 29, 2008, operation; test methods; sampling authorized by the Captain of the Port or proposal discussed above, the EPA re- procedures; and related management his designated representatives. proposed to approve the portion of the systems practices) that are developed or (c) Enforcement Period. From 8 p.m. May 22, 2003, SIP revision that would adopted by voluntary consensus until 11:59 p.m. on August 2nd, 2008 not be changed by the draft SIP revision, standards bodies. unless sooner cancelled by the Captain if adopted, submitted on April 15, 2008. This rule does not use technical of the Port. We are also finalizing our approval of standards. Therefore, we did not Dated: July 22, 2008. this portion of the 2003 SIP revision consider the use of voluntary consensus because it satisfies the requirements of Stephen P. Metruck, standards. the Act and does not contravene the Captain, U.S. Coast Guard, Captain of the Court’s SAFE decision. Environment Port Puget Sound. DATES: This action is effective on [FR Doc. E8–17618 Filed 7–31–08; 8:45 am] We have analyzed this rule under September 2, 2008. Department of Homeland Security BILLING CODE 4910–15–P ADDRESSES: The EPA has established a Management Directive 5100.1 and docket for this action under Docket Commandant Instruction M16475.lD, Identification No. EPA–R10–OAR– which guide the Coast Guard in ENVIRONMENTAL PROTECTION 2008–0336. All documents in the docket complying with the National AGENCY are listed on the http:// Environmental Policy Act of 1969 www.regulations.gov Web site. Although (NEPA) (42 U.S.C. 4321–4370f), and 40 CFR Part 52 listed in the index, some information have concluded under the Instruction [EPA–R10–OAR–2008–0336; FRL–8697–1] may not be publicly available, i.e., that there are no factors in this case that Confidential Business Information or would limit the use of a categorical Approval and Promulgation of State other information whose disclosure is exclusion under section 2.B.2 of the Implementation Plans: Idaho Instruction. Therefore, this rule is restricted by statute. Certain other categorically excluded, under figure 2– AGENCY: Environmental Protection material, such as copyrighted material, 1, paragraph (34)(g), of the Instruction, Agency (EPA). is not placed on the Internet and will be publicly available only in hard copy from further environmental ACTION: Final rule. documentation. An environmental form. Publicly available docket analysis checklist and a categorical SUMMARY: The EPA is approving materials are available either exclusion determination are available in revisions to Idaho’s State electronically through http:// the docket where indicated under Implementation Plan (SIP) relating to www.regulations.gov or in hard copy at EPA Region 10, Office of Air, Waste, ADDRESSES. open burning and crop residue disposal requirements and visible emissions. The and Toxics (AWT–107), 1200 Sixth List of Subjects in 33 CFR Part 165 Director of the Idaho Department of Avenue, Seattle, Washington 98101. The Harbors, Marine safety, Navigation Environmental Quality (IDEQ) EPA requests that you contact the (water), Reporting and recordkeeping submitted a draft SIP revision to the person listed in the FOR FURTHER requirements, Security measures, EPA on April 15, 2008. The EPA INFORMATION CONTACT section to Waterways. proposed to approve this draft SIP schedule your inspection. The Regional I For the reasons discussed in the revision on April 29, 2008, and stated Office’s official hours of business are preamble, the Coast Guard amends part that, if adopted by the State Monday through Friday, 8:30 to 4:30, 165 of Title 33, Code of Federal substantially unchanged from its current excluding federal holidays. Regulations, as follows: form, it would satisfy the requirements FOR FURTHER INFORMATION CONTACT: of the Clean Air Act (hereinafter the Act Donna Deneen, (206) 553–6706, or by PART 165—REGULATED NAVIGATION or CAA). 73 FR 23155. The Director of e-mail at [email protected]. AREAS AND LIMITED ACCESS AREAS the IDEQ submitted a final SIP revision SUPPLEMENTARY INFORMATION: to the EPA on May 28, 2008. Based on Judicial Review. Under section I 1. The authority citation for part 165 EPA’s review of this final SIP revision, 307(b)(1) of the CAA, judicial review of continues to read as follows: EPA’s analysis and review of the 2008 this final rule is available only by filing Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. draft SIP revision (73 FR 23155), and a petition for review in the U.S. Court Chapter 701; 50 U.S.C. 191, 195; 33 CFR comments received by the EPA during of Appeals for the 9th Circuit by 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of the public comment period on EPA’s September 30, 2008. Filing a petition for Homeland Security Delegation No. 0170.1. proposed approval of the draft SIP reconsideration by the Administrator of I 2. From 8 p.m. until 11:59 p.m. (PDT) revision, the EPA is approving the final this final rule does not affect the finality on August 2nd, 2008, a temporary SIP revision submitted by the IDEQ on of this action for the purposes of judicial section § 165.T13–054 is added to read May 28, 2008, because it satisfies the review nor does it extend the time as follows: requirements of the CAA. within which a petition for judicial The Director of the IDEQ also review may be filed, and shall not § 165.T13–054 Safety Zone: Lake submitted a SIP revision relating to postpone the effectiveness of such rule Washington, WA. open burning and crop residue disposal or action. Moreover, under CAA section (a) Location. The following area is a requirements on May 22, 2003, which 307(b)(2), the requirements established safety zone: The waters within an area the EPA approved on July 11, 2005 (70 by this final action may not be 1000 feet radius centered on the point FR 39658). In a ruling issued on January challenged separately in any civil or 47°34′15″ N, 122°16′10″ W on Lake 30, 2007, and amended on May 29, criminal proceedings brought to enforce Washington, Washington. 2007, that approval was remanded and these requirements.

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Throughout this document whenever process included discussions with from the Nez Perce Tribe to further ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean representatives of the State, the IDEQ, clarify that the 2008 SIP revision request the EPA. Information is organized as the Idaho State Department of did not apply to crop residue burning follows: Agriculture (ISDA), Safe Air For on Indian Reservations in Idaho and to Table of Contents Everyone (SAFE), numerous agricultural better clarify where certain technical organizations, and farmers who burn information in the SIP, such as air I. Background crop residue. As a result of the II. Final 2008 SIP Revision Request monitoring data, pertained to the Nez III. Comments Received During the EPA negotiations, the State has revised its Perce burn permit program and Public Comment Period approach to the open burning of crop reservation lands rather than to the IV. Final Action residue, enacted new legislation IDEQ and state lands. V. Statutory and Executive Order Reviews addressing the practice, and developed In response to comments from SAFE, rules for submission to the EPA. I. Background the IDEQ clarified certain criteria for On April 15, 2008, Idaho submitted a making burning decisions under IDAPA The EPA is approving revisions to draft SIP revision containing the state’s 58.01.01.621.01 and how the IDEQ Idaho’s SIP relating to open burning and revised draft rules (the 2008 draft SIP intends to implement those criteria. For crop residue disposal requirements and revision request) and a request for example, the IDEQ confirmed that it to a provision addressing visible parallel processing. The EPA proposed will use the data from the continuous emissions. This final approval approval of the 2008 draft SIP revision PM 2.5 monitors it operates in deciding encompasses a revision relating to request on April 29, 2008 (73 FR 23155), whether to permit burning in IDAPA 58.01.01.600–603, 606, 617–623, and explained in its discussion of accordance with IDAPA and 625, submitted recently by the IDEQ parallel processing that it may take final 58.01.01.621.01. The IDEQ also to the EPA on May 28, 2008, and action to approve a SIP revision request confirmed that it would account for referred to here as the ‘‘2008 SIP if the final version of the adopted state background smoke from wildfires and revision request.’’ This final approval submission remains substantially other burning, including emissions from also encompasses a portion of a revision unchanged from the submission on wildfires and burning in tribal areas and request relating to IDAPA 58.01.01.604, which the proposed approval in upwind states, in determining 607–610, 612, 613, 615 and 616 rulemaking was based (73 FR 23156). In whether the levels that would prohibit submitted by the IDEQ to the EPA on the same notice, the EPA proposed burning in IDAPA 58.01.01.621.01 are May 22, 2003, and referred to here as approval of the portion of the 2003 SIP exceeded or predicted to be exceeded. the ‘‘2003 SIP revision request.’’ revision request that would not be With respect to the prohibition in On May 22, 2003, Idaho submitted to changed by the 2008 SIP revision IDAPA 58.01.01.621.01.f on authorizing the EPA a requested revision to its SIP request and that was not part of the burns if conditions are such that relating to open burning and crop federally approved Idaho SIP due to the institutions with sensitive populations residue disposal requirements. This Court’s remand and vacatur of our 2005 will be adversely impacted or when the 2003 SIP revision request contained a SIP approval of the 2003 submission. 73 plume is predicted to impact such number of changes including editorial FR 23155. The EPA did not parallel institutions, the IDEQ clarified that the changes, the addition of a provision process the portion of the 2003 SIP prohibition would apply to burning regarding the immediate abatement of revision request that was not changed within three miles of institutions with open burning in emergencies, removal by the 2008 draft SIP revision request or of a provision regarding discretionary the 2008 SIP revision request because sensitive populations when wind approval of alternatives to open this portion of the 2003 SIP revision speeds exceed 12 miles and that, burning, and the addition of a provision request had already been through the generally, the wind speed should be to specify that crop residue burning was state public process, was adopted in its within 3 to 8 miles per hour. an allowable form of open burning. final form under state law, and was The EPA has reviewed the revisions On July 11, 2005, the EPA approved officially submitted to the EPA prior to and the submitted clarifications made Idaho’s 2003 SIP revision request, our proposed approval on April 29, by the IDEQ in the final 2008 SIP explaining that we considered it to be a 2008 (73 FR 23155). More discussion on revision request and has determined clarification of Idaho’s prior SIP rather the basis for our approval can be found that the 2008 SIP revision request than a substantive amendment. 70 FR at 73 FR 23155 (April 29, 2008). remains substantially unchanged from 39658 and 70 FR 41963 (2005 SIP the 2008 draft SIP revision request on approval). A citizen’s group filed a II. Final 2008 SIP Revision Request which the EPA’s proposed approval was petition for judicial review of our 2005 Idaho initiated a 30-day public based. Based on our review and analysis SIP approval in the U.S. Court of comment period on the 2008 draft SIP of the 2008 draft SIP revision request Appeals for the 9th Circuit, claiming revision request and, on May 2, 2008, and associated proposed EPA approval that the approval relaxed the existing held a public hearing on the request. on April 29, 2008 (73 FR 23155), Idaho’s SIP and that we were incorrect in Idaho subsequently prepared and public comment period and hearing on viewing the 2003 SIP revision request as adopted its final version of the 2008 SIP the draft 2008 SIP revision request and a clarification of the prior SIP. (Safe Air revision request, and on May 28, 2008, IDEQ’s responses to comments for Everyone v. USEPA, 475 F.3d 1096, submitted the resulting 2008 SIP submitted to EPA following the State’s amended 488 F.3d 1088 (9th Cir 2007)). revision request to the EPA for final administrative process, and the On January 30, 2007 (as amended on action and approval. comments the EPA received during the May 29, 2007), the Court granted the In response to public comments public comment period on EPA’s petition for review, vacated the 2005 SIP during the state public comment period proposed approval, we are taking final approval, and remanded the matter to on its draft SIP revision request, the action to approve the 2008 SIP revision the EPA. IDEQ made several clarifications which request. Moreover, based on these Subsequent to the remand, Idaho it included in the final 2008 SIP factors, we also conclude that approval initiated a negotiated process to revise revision request submitted to EPA. For of the SIP will not interfere with any the challenged portions of the 2003 SIP example, the IDEQ made several applicable requirement concerning revision request. This negotiated clarifications in response to comments attainment and reasonable further

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progress or any other applicable residue are contained in IDAPA Idaho chose to adopt and submit requirement of the Clean Air Act. 58.01.01.617 through 623. provisions relating to the burning of In its response to comments during crop residue. Accordingly, this final III. Comments Received During the EPA the state public comment process, the action merely approves the state Public Comment Period IDEQ made clear that it will consider program as meeting Federal The following summarizes the issues the smoke contribution from other requirements and does not impose burns, including wildfires and raised in comments on the EPA’s additional requirements. prescribed burns, as well as the Comment: One commenter said that proposed approval on April 29, 2008 (73 contribution from wildfires and other the EPA is rushing this decision without FR 23155), and provides EPA’s burning on Indian Reservations and adequate time for proper study of the responses to those issues. upwind states in determining whether issue and consideration of a fee/ Comment: A number of commenters the conditions to allow burning are met. compensation program. The commenter objected to agricultural field burning The IDEQ also made other important further stated that growers should be and asked the EPA not to approve the clarifications regarding how the IDEQ required to pay sufficient compensation 2008 SIP revision request, citing health intends to implement those criteria. As to those damaged by pollution from and general air quality concerns. Some explained in our proposal, the EPA has burning. commenters suggested that, by allowing determined that the 2008 draft SIP Response: The Clean Air Act does not field burning, agribusinesses were revision request meets the requirements specifically require states to impose a getting special treatment and that of the Clean Air Act, including section fee or compensation requirement for economic concerns were outweighing 110(l) of the Act, which prohibits the burn programs. As discussed above, the health concerns. One commenter added Administrator from approving a SIP EPA does not have the authority to add that there are viable alternatives to revision ‘‘if the revision would interfere provisions to or to remove restrictions burning and that the end consumer with any applicable requirement in the state program in this rulemaking should bear the true costs of products concerning attainment and reasonable process. In our review of a SIP they demand. further progress, or any other applicable submission, the EPA’s role is to approve or disapprove state choices, based on Response: The EPA is aware of and requirement of [the Act].’’ 73 FR 23155 (April 29, 2008). Because the whether they meet the criteria of the continues to be concerned about the Administrator is required to approve a Clean Air Act. In any event, Idaho health and welfare impacts associated SIP revision that complies with the House Bill 557 requires a $2/acre fee be with crop residue burning in Idaho. In provisions of the Clean Air Act and paid to the IDEQ prior to burning. See reviewing a SIP revision, EPA’s task is applicable Federal regulations (see 42 also IDAPA 58.01.01.620. to determine whether the SIP revision U.S.C. 7410(k) and 40 CFR 52.02(a)) and Section 110(a)(2)(E) of the Clean Air complies with the requirements of the the 2008 SIP revision request complies Act does require that the state have Clean Air Act. As discussed in the with those requirements, the EPA is adequate funding and staff to carry out proposal, the burning of crop residue is taking final action to approve these the provisions of its SIP. The State of allowed under the 2008 SIP revision revisions to the Idaho SIP. Idaho has stated that it has adequate request only after first obtaining a Comment: Several commenters funding and personnel to carry out the permit and burn approval from the supported EPA’s approval of the state’s procedures identified in the 2008 SIP IDEQ. IDAPA 58.01.01.618–621. The draft 2008 SIP revision request or revision request and refers to funds IDEQ may approve a burn only if the agricultural burning. Some thought that appropriated by the Idaho Legislature, IDEQ determines that ambient air restricting field burning was unfair future receipts for crop residue burning, quality levels do not exceed seventy five when other types of burning are and an increase in staff to accomplish percent of the level of any NAAQS on allowed. Some raised concerns about these tasks (Section 1.6.2 of the 2008 any day and are not projected to exceed the economic costs of not burning and SIP revision request). The EPA relies on such level over the next 24 hours. In losing grass fields and family farms, and these statements made by the IDEQ to addition, the IDEQ must determine that in some cases claimed that burning conclude that the 2008 SIP revision ambient air quality levels have not improves air quality because it retains request meets the requirements of reached, and are not forecasted to reach green spaces and prevents those areas section 110(a)(2)(E) of the Clean Air Act. and persist at, eighty percent of the one from being developed. One commenter The EPA is unclear about what the hour action criteria for particulate that supported burning also commenter means by stating that the matter under IDAPA 58.01.01.556.1 acknowledged that there are areas and EPA is rushing this decision without 58.01.01.621.01. In making these instances where burning should be ‘‘proper study.’’ The EPA provided a 30 determinations, the IDEQ must consider tightly monitored and controlled. Some day public comment opportunity on its the expected emissions from the thought burning should be tolerated proposed approval of the 2008 draft SIP proposed burn, the proximity of the because it occurs only for a short period revision request at 73 FR 23155 (April proposed burn to other burns, the during the year. 29, 2008). Based on the analysis and moisture content of the fuels, the Response: The EPA acknowledges review in that proposal, consideration of acreage, crop type and other fuel these commenters’ support of the public comments received by the EPA characteristics, existing and expected proposed rule. To the extent that the during the public comment period, and meteorological conditions, the commenters are suggesting the 2008 SIP the final 2008 SIP revision request, the proximity of the proposed burn to revision request is too restrictive, EPA concludes that the IDEQ’s 2008 SIP institutions with sensitive populations, however, the EPA adds that it does not revision request meets the requirements public roadways, and airports, and other have the authority to add or remove of the Clean Air Act. relevant factors. IDAPA 58.01.01.621. restrictions in this rulemaking process Comment: One commenter stated that Other restrictions on the burning of crop and that, in its review of a SIP the cumulative effects of smoke submission, the EPA’s role is to approve generated by fire of all sorts needed to 1 The current one hour action criteria under or disapprove state choices, based on be limited and that there is a need for IDAPA 58.01.01.556 are an average of 80 µg/m3 for whether they meet the criteria of the more and better data about where the 3 PM2.5 and an average of 385 µg/m for PM10. Clean Air Act. In this case, the State of smoke from field burning actually goes.

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Response: In the 2008 SIP revision protect the NAAQS, noting that it request, the 2008 SIP revision request request, the IDEQ specifically particularly supports coordination with will be federally enforceable. acknowledged that regional the Idaho/Montana Smoke Management The EPA agrees that both the IDEQ’s coordination of burn decisions and Group. The MDEQ also noted its Response to Comments and Appendix J smoke management is important in support of Idaho’s intent to further are part of the 2008 SIP revision request, order to avoid unacceptable cumulative study interstate transport issues. and, upon the EPA’s approval, will be smoke impacts within and across Response: The EPA acknowledges the part of the federally approved and jurisdictions. The IDEQ further MDEQ’s support of Idaho’s final rules federally enforceable Idaho SIP. Our explained that it would account for relating to the open burning of crop approval of the 2008 SIP revision background smoke from wildfires and residue and acknowledges the request relies upon the statements made other burning, including emissions from importance of coordination among by the IDEQ throughout the SIP wildfires and burning in tribal areas and states and tribes in protecting air revision, including those statements in upwind states, in determining quality. made in the IDEQ Response to whether the levels that would prohibit Comment: Safe Air For Everyone Comments and Appendix J, regarding burning in IDAPA 58.01.01.621.01 are (SAFE) stated that, in responding to how the IDEQ intends to implement its exceeded or predicted to be exceeded. comments during State administrative crop residue burning program. This As noted above, we reviewed and proceedings on the 2008 draft SIP includes statements made by the IDEQ analyzed the draft 2008 draft SIP revision request, the IDEQ made in its Response to Comments and revision request in our April 29, 2008, important commitments regarding Appendix J relating to the criteria for proposal and concluded that the draft implementation of the burn permit making burning decisions and how the 2008 SIP revision request met the program and that SAFE was relying on IDEQ intends to implement those requirements of the Clean Air Act. those commitments to make the SIP criteria. As part of our approval action, Comment: The Nez Perce Tribe stated effective. SAFE continued that the IDEQ the EPA is including Idaho’s complete that it supports the EPA’s approval of and SAFE had come to a mutual submitted 2008 SIP revision request, the revisions to Idaho’s SIP relating to including the IDEQ’s Response to understanding and agreement that both the open burning and crop residue Comments and Appendix J, in the the IDEQ’s Response to Comments disposal requirements and visible identification of plan section of the (included in Appendix E of the 2008 SIP emissions. The Tribe emphasized the Code of Federal Regulations at 40 CFR revision request) and Appendix J of the importance of the EPA’s 52.670. acknowledgment in the proposal that 2008 SIP revision request are part of the As we discussed in the proposal, the the Idaho SIP does not apply within the SIP. SAFE requested that the EPA past ten years of air quality data show exterior boundaries of the 1863 Nez confirm that the IDEQ’s submitted no monitored evidence that the burning Perce Reservation. The Tribe also Response to Comments and Appendix J of crop residue has led to a violation of clarified that it was not a part of the are part of the federally approved SIP the NAAQS. To the extent that the negotiations that led to the development and that the criteria for burn burning of crop residue may contribute of the 2008 SIP revision request, but that determinations included in the IDEQ’s to exceedances of the revised NAAQS the Tribe’s air quality program attended Response to Comments and Appendix J for ozone and PM2.5, the provisions at meetings in a technical assistance are requirements of the federally IDAPA 58.01.01.617 through 623 of capacity. The Nez Perce Tribe stated approved and federally enforceable SIP. Idaho’s new crop residue burning that it is willing to continue to provide With that understanding, SAFE stated program adequately address those technical assistance to the IDEQ and that it fully supports the EPA’s approval concerns by preventing crop residue looks forward to working with the IDEQ of the Idaho 2008 SIP revision request. burning on days when a NAAQS and the EPA on coordinating smoke If the EPA does not recognize the exceedance may occur. In addition, the management and burn decisions in the criteria for burn determinations in the IDEQ provided supporting material, Clearwater airshed. IDEQ’s Response to Comments and including the analysis of air quality, Response: The EPA acknowledges the Appendix J as part of the federally meteorology, emissions inventory, and Nez Perce Tribe’s support for the EPA’s approved and enforceable SIP, SAFE non-regulatory modeling to show that approval of Idaho’s SIP revision request, asserted that the Idaho SIP revision the crop residue burning activity in the as well as the Tribe’s continued would not be lawful because it would State of Idaho is not causing nor technical support on air quality efforts. not comply with the Clean Air Act and significantly contributing to a violation As stated in our proposal, the EPA’s EPA’s implementing regulations for the of the NAAQS. Based on the IDEQ’s SIP approval of Idaho’s 2008 SIP revision reasons discussed in SAFE’s comments submission, including the IDEQ’s request does not apply to Indian to the IDEQ during the state public Response to Comments and Appendix J, Country in Idaho, including all lands comment period. In that event, SAFE and for the reasons discussed in our within the exterior boundaries of the requested that the EPA consider the proposed approval notice, we conclude Nez Perce Reservation as described in comments SAFE submitted to the IDEQ that our approval of the Idaho 2008 SIP the 1863 Nez Perce Treaty. 73 FR 23162. during Idaho’s public comment period revision request will not interfere with The EPA also acknowledges the Nez as objections to the EPA’s approval as any applicable requirement concerning Perce Tribe’s role in the development of well. attainment and reasonable further Idaho’s 2008 SIP revision request. Response: In a letter dated June 11, progress or any other applicable Comment: The Montana Department 2008, the IDEQ stated that it had requirement of the CAA. of Environmental Quality (MDEQ) reviewed SAFE’s comment letter to stated that it supports Idaho’s final rules EPA, and that the IDEQ had submitted IV. Final Action on crop residue burning and the IDEQ’s the Response to Comments and For the reasons provided above and in efforts to control the emissions from Appendix J with the intent that they be our proposed rule, we are approving crop residue burning. In addition, the considered part of the Idaho 2008 SIP Idaho’s 2008 SIP revision request, MDEQ commended the IDEQ’s efforts to revision request. The IDEQ further including the revisions to allow the establish coordination between crop acknowledged that, upon the EPA’s open burning of crop residue, and the residue burners and other burners to approval of the Idaho 2008 SIP revision provision addressing visible emissions.

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More specifically, we are approving the under the Regulatory Flexibility Act (5 Federal Register. This action is not a 2008 SIP revision request relating to U.S.C. 601 et seq.); ‘‘major rule’’ as defined by 5 U.S.C. IDAPA 58.01.01.600–603, 606, 617–623, • Does not contain any unfunded 804(2). and 625 that includes both changes to mandate or significantly or uniquely List of Subjects in 40 CFR Part 52 the general open burning rules that were affect small governments, as described contained in the 2003 SIP revision in the Unfunded Mandates Reform Act Environmental protection, Air request and changes to those rules that of 1995 (Pub. L. 104–4); pollution control, Carbon monoxide, specifically relate to crop residue • Does not have Federalism Hydrocarbons, Incorporation by burning. We are also approving the implications as specified in Executive reference, Intergovernmental relations, portion of the 2003 SIP revision request Order 13132 (64 FR 43255, August 10, Reporting and recordkeeping relating to IDAPA 58.01.01.604, 607– 1999); requirements. • 610, 612, 613, 615 and 616 that was not Is not an economically significant Dated: July 16, 2008. changed by the 2008 draft SIP revision regulatory action based on health or Elin D. Miller, safety risks subject to Executive Order request and that was not part of the Regional Administrator, Region 10. federally approved Idaho SIP due to the 13045 (62 FR 19885, April 23, 1997); Court’s remand and vacatur of our 2005 • Is not a significant regulatory action I 40 CFR part 52 is amended as follows: SIP approval of the 2003 submission. subject to Executive Order 13211 (66 FR PART 52—[AMENDED] We are approving the State’s submitted 28355, May 22, 2001); • 2008 revisions and the unchanged 2003 Is not subject to requirements of I 1. The authority citation for part 52 submission provisions because they Section 12(d) of the National continues to read as follows: meet the requirements of the Clean Air Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq. Act. Act of 1995 (15 U.S.C. 272 note) because As discussed in the proposal, because application of those requirements would Subpart N—Idaho Idaho has not demonstrated authority to be inconsistent with the Clean Air Act; implement and enforce IDAPA Chapter and I 2. Section 52.670 is amended to read 58 within ‘‘Indian country’’ as defined • Does not provide the EPA with the as follows: in 18 U.S.C. 1151,2 this SIP approval discretionary authority to address, as I a. In the table in paragraph (c): does not extend to ‘‘Indian country’’ in appropriate, disproportionate human I i. By removing ‘‘[Idaho Administrative Idaho. 73 FR 23162. health or environmental effects, using Procedures Act (IDAPA) Chapter 58, practicable and legally permissible Rules for the Control of Air Pollution in V. Statutory and Executive Order methods, under Executive Order 12898 Idaho Previously Codified at IDAPA Reviews (59 FR 7629, February 16, 1994). Chapter 39 (Appendix A.3)]’’ from the Under the Clean Air Act, the In addition, this rule does not have table heading. Administrator is required to approve a tribal implications as specified by I ii. By removing the section heading SIP submission that complies with the Executive Order 13175 (65 FR 67249, ‘‘58.01.01—Rules for the Control of Air provisions of the Act and applicable November 9, 2000), because the SIP is Pollution in Idaho’’ and adding in its Federal regulations. 42 U.S.C. 7410(k); not approved to apply in Indian country place ‘‘Idaho Administrative Procedures 40 CFR 52.02(a). Thus, in reviewing SIP located in the state, and the EPA notes Act (IDAPA) 58.01.01—Rules for the submissions, EPA’s role is to approve that it will not impose substantial direct Control of Air Pollution in Idaho’’. state choices, provided that they meet costs on tribal governments or preempt I iii. By revising entries 600 through the criteria of the Clean Air Act. tribal law. 603. Accordingly, this action merely The Congressional Review Act, 5 I iv. By revising entries 606 through approves state law as meeting Federal U.S.C. 801 et seq., as added by the Small 610. requirements and does not impose Business Regulatory Enforcement I v. By revising entries 612 and 613. additional requirements beyond those Fairness Act of 1996, generally provides I vi. By revising entries 615 though 617. imposed by state law. For that reason, that before a rule may take effect, the I vii. By adding in numerical order this action: agency promulgating the rule must entries 618 though 623. • Is not a ‘‘significant regulatory submit a rule report, which includes a I viii. By revising entry 625. action’’ subject to review by the Office copy of the rule, to each House of the I ix. By adding a section heading ‘‘State of Management and Budget under Congress and to the Comptroller General Statutes’’ and an entry for State Statutes Executive Order 12866 (58 FR 51735, of the United States. The EPA will ‘‘Section 1 of House Bill 557, codified October 4, 1993); submit a report containing this action at Idaho Code section 39–114’’ at the • Does not impose an information and other required information to the end of the table. collection burden under the provisions U.S. Senate, the U.S. House of I b. In paragraph (e) by adding an entry of the Paperwork Reduction Act (44 Representatives, and the Comptroller to the end of the table. U.S.C. 3501 et seq.); General of the United States prior to • Is certified as not having a publication of the rule in the Federal § 52.670 Identification of plan. significant economic impact on a Register. A major rule cannot take effect * * * * * substantial number of small entities until 60 days after it is published in the (c) * * *

2 ‘‘Indian country’’ is defined under 18 U.S.C. acquired territory thereof, and whether within or Indian country includes, but is not limited to, all 1151 as: (1) All land within the limits of any Indian without the limits of a State, and (3) all Indian lands within the exterior boundaries of the Coeur reservation under the jurisdiction of the United allotments, the Indian titles to which have not been d’Alene Reservation, the Duck Valley Reservation, States Government, notwithstanding the issuance of extinguished, including rights-of-way running the Reservation of the Kootenai Tribe, the Fort Hall any patent, and including rights-of-way running through the same. Under this definition, EPA treats Indian Reservation, and the Nez Perce Reservation through the reservation, (2) all dependent Indian as reservations trust lands validly set aside for the communities within the borders of the United use of a Tribe even if the trust lands have not been as described in the 1863 Nez Perce Treaty. States, whether within the original or subsequently formally designated as a reservation. In Idaho,

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EPA-APPROVED IDAHO REGULATIONS

State State citation Title/subject effective EPA approval date Explanations date

Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho

******* 600 ...... Rules for Control of Open Burning .... 4/2/08 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 601 ...... Fire Permits, Hazardous Materials 4/2/08 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ and Liability. number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 602 ...... Nonpreemption of Other Jurisdictions 4/2/08 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 603 ...... General Restrictions ...... 4/2/08, 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ 3/21/03, number where the 05 removed in response to 9th Cir- 5/1/94 document begins]. cuit remand. 606 ...... Categories of Allowable Burning ...... 4/2/08 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 607 ...... Recreational and Warming Fires ...... 3/21/03 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 608 ...... Weed Control Fires ...... 5/1/94 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 609 ...... Training Fires ...... 3/21/03 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 610 ...... Industrial Flares ...... 3/21/03 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand.

******* 612 ...... Landfill Disposal Site Fires ...... 3/21/03 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 613 ...... Orchard Fires ...... 3/21/03, 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ 5/1/94 number where the 05 removed in response to 9th Cir- document begins]. cuit remand.

******* 615 ...... Dangerous Material Fires ...... 3/21/03 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 616 ...... Infectious Waste Burning ...... 3/21/03 8/1/08 [Insert page Previous EPA Approval Date of 7/11/ number where the 05 removed in response to 9th Cir- document begins]. cuit remand. 617 ...... Crop Residue ...... 4/2/08 8/1/08 [Insert page number where the document begins]. 618 ...... Permit By Rule ...... 4/2/08 8/1/08 [Insert page number where the document begins]. 619 ...... Registration for Permit By Rule ...... 4/2/08 8/1/08 [Insert page number where the document begins]. 620 ...... Registration Fee ...... 4/2/08 8/1/08 [Insert page number where the document begins]. 621 ...... Burn Determination ...... 4/2/08 8/1/08 [Insert page number where the document begins]. 622 ...... General Provisions ...... 4/2/08 8/1/08 [Insert page number where the document begins]. 623 ...... Public Notification ...... 4/2/08 8/1/08 [Insert page number where the document begins].

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EPA-APPROVED IDAHO REGULATIONS—Continued

State State citation Title/subject effective EPA approval date Explanations date

625 ...... Visible Emissions ...... 4/2/08 8/1/08 [Insert page number where the document begins].

*******

State Statutes

Section 1 of House Bill Open Burning of Crop Residue ...... 03/07/08 8/1/08 [Insert page 557, codified at number where the Idaho Code section document begins]. 39–114.

(e) * * *

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES.

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

******* Open Burning of Crop Residue State-wide ...... 5/28/08 8/1/08 [Insert page number State Implementation Plan Re- where the document be- vision. gins].

* * * * * requirements for the State of New York Table of Contents [FR Doc. E8–16973 Filed 7–31–08; 8:45 am] is to regulate emissions from OCS I. Background Information BILLING CODE 6560–50–P sources in accordance with the II. Public Comment and EPA Response requirements onshore. The requirements III. EPA Action discussed below are incorporated by IV. Administrative Requirements ENVIRONMENTAL PROTECTION reference into the Code of Federal A. Executive Order 12866: Regulatory AGENCY Regulations and are listed in the Planning and Review appendix to the OCS air regulations. B. Paperwork Reduction Act 40 CFR Part 55 C. Regulatory Flexibility Act DATES: Effective Date: This rule is D. Unfunded Mandates Reform Act [EPA–R02–OAR–2007–0553; FRL–8688–3] effective on September 2, 2008. E. Executive Order 13132: Federalism F. Executive Order 13175: Coordination Outer Continental Shelf Air This incorporation by reference of With Indian Tribal Government Regulations Update To Include New certain publications listed in this rule is G. Executive Order 13045: Protection of York State Requirements approved by the Director of the Federal Children From Environmental Health Register as of September 2, 2008. Risks and Safety Risks AGENCY: Environmental Protection H. Executive Order 13211: Actions That ADDRESSES: Agency (EPA). EPA has established a Significantly Affect Energy Supply, docket for this action under Docket ID Distribution, or Use ACTION: Final rule. Number EPA–R02–OAR–2007–0553. All I. National Technology Transfer and Advancement Act SUMMARY: EPA is finalizing the update documents in the docket are listed on the http://www.regulations.gov Web J. Congressional Review Act of the Outer Continental Shelf (OCS) Air K. Petitions for Judicial Review Regulations proposed in the Federal site. Publicly available docket materials Register on March 14, 2008. are available either electronically I. Background Information Requirements applying to OCS sources through http://www.regulations.gov or Throughout this document, the terms located within 25 miles of States’ in hard copy at the U.S. Environmental ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the U.S. seaward boundaries must be Protection Agency, Region 2, 290 EPA. promulgated into part 55 and updated Broadway, New York, New York 10007. On September 4, 1992, EPA periodically to remain consistent with FOR FURTHER INFORMATION CONTACT: promulgated 40 CFR part 55,1 which the requirements of the corresponding Steven Riva, Air Programs Branch, U.S. established requirements to control air onshore area (COA), as mandated by Environmental Protection Agency, pollution from OCS sources in order to section 328(a)(1) of the Clean Air Act Region 2, 290 Broadway, New York, (CAA). The portion of the OCS air New York 10007; telephone number: 1 The reader may refer to the Notice of Proposed regulations that is being updated Rulemaking, December 5, 1991 (56 FR 63774), and (212) 637–4074; e-mail address: the preamble to the final rule promulgated pertains to the requirements for OCS [email protected]. September 4, 1992 (57 FR 40792) for further sources in the State of New York. The background and information on the OCS intended effect of approving the OCS SUPPLEMENTARY INFORMATION: regulations.

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attain and maintain Federal and State incorporate applicable onshore rules significantly or uniquely impacted by ambient air quality standards (AAQS) into part 55 as they exist onshore. the rule. and to comply with the provisions of IV. Administrative Requirements EPA has determined that today’s final part C of title I of the CAA. Part 55 rule contains no Federal mandates that applies to all OCS sources offshore of A. Executive Order 12866: Regulatory may result in expenditures of $100 the States except those located in the Planning and Review million or more for State, local, or tribal Gulf of Mexico west of 87.5 degrees The Office of Management and Budget governments, in the aggregate, or to the longitude. (OMB) has exempted this regulatory private sector in any one year. This On March 14, 2008 (73 FR 13822), action from Executive Order 12866, action approves pre-existing EPA proposed to approve requirements entitled ‘‘Regulatory Planning and requirements under State or local law, into the OCS Air Regulations pertaining Review.’’ and imposes no new requirements. to the State of New York. EPA has Accordingly, no additional costs to evaluated the proposed regulations to B. Paperwork Reduction Act State, local or tribal governments, or to ensure that they are rationally related to This rule does not impose an the private sector, result from this the attainment or maintenance of information collection burden under the action. Federal or State ambient air quality provisions of the Paperwork Reduction standards or Part C of title I of the Act, Act of 1995 (44 U.S.C. 3501 et seq.) E. Executive Order 13132: Federalism that they are not designed expressly to C. Regulatory Flexibility Act Federalism (64 FR 43255, August 10, prevent exploration and development of 1999) revokes and replaces Executive the OCS and that they are applicable to The Regulatory Flexibility Act (RFA) Orders 12612 (Federalism) and 12875 OCS sources. 40 CFR 55.1. EPA has also generally requires an agency to conduct (Enhancing the Intergovernmental evaluated the rules to ensure that they a regulatory flexibility analysis of any Partnership). Executive Order 13132 are not arbitrary or capricious. 40 CFR rule subject to notice and comment requires EPA to develop an accountable 55.12(e). In addition, EPA has excluded rulemaking requirements unless the process to ensure ‘‘meaningful and administrative or procedural rules. agency certifies that the rule will not timely input by State and local officials Section 328(a) of the CAA requires have a significant economic impact on in the development of regulatory that EPA establish requirements to a substantial number of small entities. policies that have federalism control air pollution from OCS sources Small entities include small businesses, implications.’’ ‘‘Policies that have located within 25 miles of States’ small not-for-profit enterprises, and federalism implications’’ is defined in seaward boundaries that are the same as small governmental jurisdictions. the Executive Order to include onshore requirements. To comply with This rule will not have a significant regulations that have ‘‘substantial direct this statutory mandate, EPA must economic impact on a substantial effects on the States, on the relationship incorporate applicable rules in effect for number of small entities. This rule between the national government and onshore sources into part 55. This limits implements requirements specifically the States, or on the distribution of EPA’s flexibility in deciding which and explicitly set forth by the Congress power and responsibilities among the requirements will be incorporated into in section 328 of the CAA, without the various levels of government.’’ Under part 55 and prevents EPA from making exercise of any policy discretion by Executive Order 13132, EPA may not substantive changes to the requirements EPA. These OCS rules already apply in issue a regulation that has federalism it incorporates. As a result, EPA may be the COA, and EPA has no evidence to implications, that imposes substantial incorporating rules into part 55 that do suggest that these OCS rules have had direct compliance costs, and that is not not conform to all of EPA’s state a significant economic impact on a required by statute, unless the Federal implementation plan (SIP) guidance or substantial number of small entities. As government provides the funds certain requirements of the CAA. required by section 328 of the CAA, this necessary to pay the direct compliance Inclusion in the OCS rule does not action simply incorporates the existing costs incurred by State and local imply that a rule meets the requirements rules in the COA. Therefore, EPA governments, or EPA consults with of the CAA for SIP approval, nor does certifies that this action will not have a State and local officials early in the it imply that the rule will be approved significant economic impact on a process of developing the proposed by EPA for inclusion in the SIP. substantial number of small entities. regulation. EPA also may not issue a II. Public Comment and EPA Response D. Unfunded Mandates Reform Act regulation that has federalism EPA’s proposed action provided a 30- Under section 202 of the Unfunded implications and that preempts State day public comment period, which Mandates Reform Act of 1995 law unless the Agency consults with closed on April 14, 2008. During this (Unfunded Mandates Act), signed into State and local officials early in the period EPA received no comments on law on March 22, 1995, EPA must process of developing the proposed the proposed action. prepare a budgetary impact statement to regulation. accompany any proposed or final rule This rule will not have substantial III. EPA Action that includes a Federal mandate that direct effects on the States, on the In this document, EPA takes final may result in estimated costs to State, relationship between the national action to incorporate the proposed local, and tribal governments in the government and the States, or on the changes into 40 CFR part 55. EPA is aggregate; or to the private sector, of distribution of power and approving the proposed actions under $100 million or more in any one year. responsibilities among the various section 328(a)(1) of the Act, 42 U.S.C. Under section 205, EPA must select the levels of government, as specified in 7627. Section 328(a) of the Act requires most cost-effective and least Executive Order 13132, because it that EPA establish requirements to burdensome alternative that achieves merely approves a State rule control air pollution from OCS sources the objectives of the rule and is implementing a federal standard, and located within 25 miles of States’ consistent with statutory requirements. does not alter the relationship or the seaward boundaries that are the same as Section 203 requires EPA to establish a distribution of power and onshore requirements. To comply with plan for informing and advising any responsibilities established in the Clean this statutory mandate, EPA must small governments that may be Air Act. Thus, the requirements of

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section 6 of the Executive Order do not Act (NTTAA) of 1995 requires Federal Dated: June 25, 2008. apply to this rule. agencies to evaluate existing technical Alan J. Steinberg, standards when developing a new F. Executive Order 13175: Coordination Regional Administrator, Region 2. regulation. To comply with NTTAA, With Indian Tribal Governments I Title 40, chapter I of the Code of EPA must consider and use voluntary Executive Order 13175, entitled Federal Regulations, is to be amended as consensus standards (VCS) if available follows: ‘‘Consultation and Coordination with and applicable when developing Indian Tribal Governments’’ (65 FR programs and policies unless doing so PART 55—[AMENDED] 67249, November 9, 2000), requires EPA would be inconsistent with applicable to develop an accountable process to laws or otherwise impractical. I 1. The authority citation for part 55 ensure ‘‘meaningful and timely input by The EPA believes that VCS are continues to read as follows: tribal officials in the development of inapplicable to this section. Today’s Authority: Section 328 of the CAA (42 regulatory policies that have tribal action does not require the public to U.S.C. 7401, et seq.) as amended by Public implications.’’ This final rule does not perform activities conducive to the use Law 101–549. have tribal implications, as specified in of VCS. I Executive Order 13175. It will not have 2. Section 55.14 is amended by adding J. Congressional Review Act substantial direct effects on tribal new paragraphs (d)(16) and (e)(16) to governments, on the relationship The Congressional Review Act, 5 read as follows: U.S.C. 801 et seq., as added by the Small between the Federal government and § 55.14 Requirements that apply to OCS Indian tribes, or on the distribution of Business Regulatory Enforcement sources located within 25 miles of States’ power and responsibilities between the Fairness Act of 1996, generally provides seaward boundaries, by State. that before a rule may take effect, the Federal government and Indian tribes. * * * * * agency promulgating the rule must Thus, Executive Order 13175 does not (d) * * * submit a rule report, which includes a apply to this rule. (16) New York. copy of the rule, to each House of the G. Executive Order 13045: Protection of (i) 40 CFR part 52, subpart HH. Congress and to the Comptroller General (ii) [Reserved] Children From Environmental Health of the United States. EPA will submit a Risks and Safety Risks report containing this rule and other * * * * * Executive Order 13045, entitled required information to the U.S. Senate, (e) * * * ‘‘Protection of Children from the U.S. House of Representatives, and (16) New York. Environmental Health Risks and Safety the Comptroller General of the United (i) State Requirements. Risks’’ (62 FR 19885 (April 23, 1997)), States prior to publication of this rule in (A) State of New York Requirements applies to any rule that: (1) Is the Federal Register. A major rule Applicable to OCS Sources, October 20, determined to be ‘‘economically cannot take effect until 60 days after it 2007 significant’’ as defined under Executive is published in the Federal Register. (B) [Reserved] Order 12866, and (2) concerns an This action is not a ‘‘major rule’’ as (ii) Local requirements. environmental health or safety risk that defined by 5 U.S.C. 804(2). This action (A) [Reserved] EPA has reason to believe may have a will be effective September 2, 2008. I 3. Amend Appendix A to part 55 by adding an entry for New York in disproportionate effect on children. If K. Petition for Judicial Review the regulatory action meets both criteria, alphabetical order to read as follows: Under section 307(b)(1) of the Clean the Agency must evaluate the Appendix A to Part 55—Listing of State Air Act, petitions for judicial review of environmental health or safety effects of and Local Requirements Incorporated this action must be filed in the United the planned rule on children, and by Reference Into Part 55, by State explain why the planned regulation is States Court of Appeals for the preferable to other potentially effective appropriate circuit by September 30, * * * * * and reasonably feasible alternatives 2008. Filing a petition for New York considered by the Agency. reconsideration by the Administrator of (a) State requirements. This final rule is not subject to this final action does not affect the (1) The following State of New York Executive Order 13045 because it does finality of this action for the purposes of requirements are applicable to OCS Sources, not involve decisions intended to judicial review nor does it extend the October 20, 2007. New York Environmental mitigate environmental health or safety time within which a petition for judicial Conservation Law—Department of risks. review may be filed, and shall not Environmental Conservation. The following postpone the effectiveness of such rule sections of Title 6, Chapter III: H. Executive Order 13211: Actions That or action. This action may not be Part 200. General Provisions Significantly Affect Energy Supply, challenged later in proceedings to Distribution, or Use 6 NYCRR 200.1. Definitions (effective 8/9/06) enforce its requirements. (See section 6 NYCRR 200.2. Safeguarding Information This final rule is not subject to 307(b)(2)). (effective 1/16/92) Executive Order 13211, entitled 6 NYCRR 200.3. False Statement (effective 6/ List of Subjects in 40 CFR Part 55 ‘‘Actions Concerning Regulations That 16/72) Significantly Affect Energy Supply, Environmental protection, 6 NYCRR 200.4. Severability (effective 8/9/ Distribution, or Use’’ (66 FR 28355 (May Administrative practice and procedures, 84) 22, 2001)) because it is not a significant Air pollution control, Hydrocarbons, 6 NYCRR 200.5. Sealing (effective 2/22/79) 6 NYCRR 200.6. Acceptable Ambient Air regulatory action under Executive Order Incorporation by reference, Intergovernmental relations, Nitrogen Quality (effective 4/6/83) 12866. 6 NYCRR 200.7. Maintenance of Equipment dioxide, Nitrogen oxides, Outer (effective 2/22/79) I. National Technology Transfer and Continental Shelf, Ozone, Particulate Advancement Act 6 NYCRR 200.8. Conflict of Interest (effective matter, Permits, Reporting and 1/12/75) Section 12(d) of the National recordkeeping requirements, Sulfur 6 NYCRR 200.9. Referenced Material Technology Transfer and Advancement oxides. (effective 1/271/07)

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6 NYCRR 200.10. Federal Standards and 6 NYCRR 219–2. Municipal and Private Solid 6 NYCRR 243–7. CAIR NOX Ozone Season Requirements (effective 10/20/07) Waste Incineration Facilities (effective 5/ Allowance Transfers (effective 10/19/07) 21/05) 6 NYCRR 243–8. Monitoring and Reporting Part 201. Permits and Certificates 6 NYCRR 219–3. Infectious Waste (effective 10/19/07) 6 NYCRR 201–1. General Provisions Incineration Facilities (effective 12/31/88) 6 NYCRR 243–9. CAIR NOX Ozone Season (effective 7/7/96) 6 NYCRR 219–5. Existing Incinerators Opt-in Units (effective 10/19/07) 6 NYCRR 201–2. Definitions (effective 11/21/ (effective 12/31/88) 98) 6 NYCRR 219–6. Existing Incinerators—New Part 244—CAIR NOX Annual Trading 6 NYCRR 201–3. Exemptions and Trivial York City, Nassau and Westchester Program Activities (effective 5/7/03) Counties (effective 12/31/88) 6 NYCRR 244–1. CAIR NOX Annual Trading 6 NYCRR 201–4. Minor Facility Registrations 6 NYCRR 219–7. Mercury Emission Program General Provisions (effective 10/ (effective 7/7/96) Limitations for Large Municipal Waste 19/07) 6 NYCRR 201–5. State Facility Permits Combustors Constructed On or Before 6 NYCRR 244–2. CAIR Designated (effective 7/7/96) September 20, 1994 (effective 5/21/05) Representative for CAIR NOX Sources 6 NYCRR 201–6. Title V Facility Permits 6 NYCRR 219–8. Emission Guidelines and (effective 10/19/07) (effective 1/18/02) Compliance Times for Small Municipal 6 NYCRR 244–3. Permits (effective 10/19/07) 6 NYCRR 201–7. Federally Enforceable Waste Combustion Units Constructed On 6 NYCRR 244–5. CAIR NOX Allowance Emission Caps (effective 7/7/96) or Before August 30, 1999 (effective 10/18/ Allocations (effective 10/19/07) 6 NYCRR 201–8. General Permits (effective 7/ 02) 6 NYCRR 244–6. CAIR NOX Allowance 7/96) Tracking System (effective 10/19/07) Part 225—Fuel Consumption and Use Part 202. Emissions Verification 6 NYCRR 244–7. CAIR NOX Allowance 6 NYCRR 225–1. Fuel Composition and Transfers (effective 10/19/07) 6 NYCRR 202–1. Emissions Testing, Use—Sulfur Limitations (effective 1/29/86) 6 NYCRR 244–8. Monitoring and Reporting Sampling and Analytical Determinations 6 NYCRR 225–2. Fuel Composition and (effective 10/19/07) (effective 5/29/05) Use—Waste Fuel (effective 11/5/84) 6 NYCRR 244–9. CAIR NO Opt-in Units 6 NYCRR 202–2. Emission Statements X 6 NYCRR 225–3. Fuel Composition and (effective 10/19/07) (effective 5/29/05) Use—Gasoline (effective 11/4/01) Part 245—CAIR SO2 Trading Program Part 204. NOX Budget Trading Program 6 NYCRR 225–4. Motor Vehicle Diesel Fuel 6 NYCRR 204–1. General Provisions (effective 5/8/05) 6 NYCRR 245–1. CAIR SO2 Trading Program (effective 2/25/00) General Provisions (effective 10/19/07) Part 226—Solvent Metal Cleaning Processes 6 NYCRR 245–2. CAIR Designated 6 NYCRR 204–2. Authorized Account (Effective 5/7/03) Representative for CAIR SO2 Sources Representative for NOX Budget Sources (effective 2/25/00) Part 227—Stationary Combustion (effective 10/19/07) 6 NYCRR 204–3. Permits (effective 2/25/00) Installations 6 NYCRR 245–3. Permits (effective 10/19/07) 6 NYCRR 245–6. CAIR SO Allowance 6 NYCRR 204–4. Compliance Certification 6 NYCRR 227–1. Stationary Combustion 2 Tracking System (effective 10/19/07) (effective 2/25/00) Installations (effective 2/25/00) 6 NYCRR 245–7. CAIR SO Allowance 6 NYCRR 204–5. Allowance Allocations 6 NYCRR 227–2. Reasonably Available 2 Transfers (effective 10/19/07) (effective 2/25/00) Control Technology (RACT) for Oxides of 6 NYCRR 245–8. Monitoring and Reporting 6 NYCRR 204–6. Allowance Tracking System Nitrogen (NOX) (effective 2/11/04) (effective 10/19/07) (effective 2/25/00) 6 NYCRR 227–3. Pre-2003 Nitrogen Oxides 6 NYCRR 245–9. CAIR SO Opt-in Units 6 NYCRR 204–7. NOX Allowance Transfers Emissions Budget and Allowance Program 2 (effective 10/19/07) (effective 2/25/00) (effective 3/15/99) 6 NYCRR 204–8. Monitoring and Reporting * * * * * Part 228—Surface Coating Processes (effective 2/25/00) [FR Doc. E8–17590 Filed 7–31–08; 8:45 am] 6 NYCRR 204–9. Individual Unit Opt-ins (Effective 7/23/03) BILLING CODE 6560–50–P (effective 2/25/00) Part 229—Petroleum and Volatile Organic Part 207—Control Measures for Air Liquid Storage and Transfer (Effective 4/4/ Pollution Episode (Effective 2/22/79) 93) DEPARTMENT OF HOMELAND Part 210—Emissions and Labeling Part 231—New Source Review in SECURITY Requirements for Personal Watercraft Nonattainment Areas and Ozone Transport Engines Region Federal Emergency Management 6 NYCRR 210–1. Applicability and 6 NYCRR 231–1. Requirements for Emission Agency Definitions (effective 8/8/03) Sources Subject to the Regulation Prior to 6 NYCRR 210–2. Certification and November 15, 1992 (effective 10/15/94) 44 CFR Part 67 Prohibitions (effective 8/8/03) 6 NYCRR 231–2. Requirements for Emission 6 NYCRR 210–3. Family Emission Limits Sources Subject to the Regulation On or Final Flood Elevation Determinations (effective 8/8/03) After November 15, 1992 (effective 5/3/00) 6 NYCRR 210–4. In-Use Testing and Recall AGENCY: Federal Emergency Part 240—Conformity to State or Federal (effective 8/8/03) Management Agency, DHS. Implementation Plans (Effective 10/22/04) 6 NYCRR 210–5. Warranty (effective 8/8/03) ACTION: Final rule. 6 NYCRR 210–6. Production-Line Testing Part 243—CAIR NOX Ozone Season Trading (effective 8/8/03) Program SUMMARY: Base (1% annual chance) 6 NYCRR 210–7. Severability (effective 8/8/ 6 NYCRR 243–1. CAIR NO Ozone Season Flood Elevations (BFEs) and modified 03) X Trading Program General Provisions BFEs are made final for the Part 211—General Prohibitions (Effective 8/ (effective 10/19/07) communities listed below. The BFEs 11/83) 6 NYCRR 243–2. CAIR Designated and modified BFEs are the basis for the Representative for CAIR NO Ozone Part 212—General Process Emission Sources X floodplain management measures that Season Sources (effective 10/19/07) each community is required either to (Effective 9/22/94) 6 NYCRR 243–3. Permits (effective 10/19/07) adopt or to show evidence of being Part 215—Open Fires (Effective 6/16/72) 6 NYCRR 243–5. CAIR NOX Ozone Season Allowance Allocations (effective 10/19/07) already in effect in order to qualify or Part 219—Incinerators 6 NYCRR 243–6. CAIR NOX Ozone Season remain qualified for participation in the 6 NYCRR 219–1. Incineration—General Allowance Tracking System (effective 10/ National Flood Insurance Program Provisions (effective 10/30/02) 19/07) (NFIP).

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DATES: The date of issuance of the Flood This final rule is issued in accordance 1993, Regulatory Planning and Review, Insurance Rate Map (FIRM) showing with section 110 of the Flood Disaster 58 FR 51735. BFEs and modified BFEs for each Protection Act of 1973, 42 U.S.C. 4104, Executive Order 13132, Federalism. community. This date may be obtained and 44 CFR part 67. FEMA has This final rule involves no policies that by contacting the office where the maps developed criteria for floodplain have federalism implications under are available for inspection as indicated management in floodprone areas in Executive Order 13132. on the table below. accordance with 44 CFR part 60. Executive Order 12988, Civil Justice ADDRESSES: The final BFEs for each Interested lessees and owners of real Reform. This final rule meets the community are available for inspection property are encouraged to review the applicable standards of Executive Order at the office of the Chief Executive proof Flood Insurance Study and FIRM 12988. Officer of each community. The available at the address cited below for respective addresses are listed in the each community. The BFEs and List of Subjects in 44 CFR Part 67 table below. modified BFEs are made final in the Administrative practice and FOR FURTHER INFORMATION CONTACT: communities listed below. Elevations at procedure, Flood insurance, Reporting William R. Blanton, Jr., Engineering selected locations in each community and recordkeeping requirements. are shown. Management Branch, Mitigation I Accordingly, 44 CFR part 67 is National Environmental Policy Act. Directorate, Federal Emergency amended as follows: Management Agency, 500 C Street, SW., This final rule is categorically excluded Washington, DC 20472, (202) 646–3151. from the requirements of 44 CFR part PART 67—[AMENDED] SUPPLEMENTARY INFORMATION: The 10, Environmental Consideration. An Federal Emergency Management Agency environmental impact assessment has I 1. The authority citation for part 67 (FEMA) makes the final determinations not been prepared. continues to read as follows: listed below for the modified BFEs for Regulatory Flexibility Act. As flood Authority: 42 U.S.C. 4001 et seq.; each community listed. These modified elevation determinations are not within Reorganization Plan No. 3 of 1978, 3 CFR, elevations have been published in the scope of the Regulatory Flexibility 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, newspapers of local circulation and Act, 5 U.S.C. 601–612, a regulatory 3 CFR, 1979 Comp., p. 376. ninety (90) days have elapsed since that flexibility analysis is not required. § 67.11 [Amended] publication. The Assistant Regulatory Classification. This final Administrator of the Mitigation rule is not a significant regulatory action I 2. The tables published under the Directorate has resolved any appeals under the criteria of section 3(f) of authority of § 67.11 are amended as resulting from this notification. Executive Order 12866 of September 30, follows:

* Elevation in feet (NGVD) + Elevation in feet State City/town/county Source of flooding Location (NAVD) # Depth in feet above ground Modified

Unincorporated Areas of Sutter County, California Docket Nos.: FEMA–B–7472; B–7753; and B–7760

California ...... Unincorporated Areas Bear River ...... Approximately 0.9 miles upstream of the *54 of Sutter County. confluence with Feather River. At Wheatland Road ...... *96 California ...... Unincorporated Areas East Side Canal ...... Downstream source of the East Side *40 of Sutter County. Canal. 1,500 feet downstream of Catlett Road ... *40 California ...... Unincorporated Areas Feather River ...... At the confluence with Sacramento River *40 of Sutter County. Approximately 1.5 miles upstream of *72 Bogue Road. California ...... Unincorporated Areas King Slough ...... Confluence with East Side Canal ...... *40 of Sutter County. 1,600 feet upstream of the confluence of *40 North King Slough. California ...... Unincorporated Areas Natomas Basin ...... Area West of Natomas East Main Drain- *33 of Sutter County. age Canal. Area South of Cross Canal ...... *33 Area East of Sacramento River ...... *33 California ...... Unincorporated Areas North King Slough ...... Confluence with King Slough ...... *40 of Sutter County. 3,200 feet upstream of the confluence *40 with King Slough. California ...... Unincorporated Areas Yankee Slough ...... At the confluence with Bear River ...... *58 of Sutter County. Approximately 1.1 miles upstream of *75 Brewer Road.

* National Beodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.

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* Elevation in feet (NGVD) + Elevation in feet State City/town/county Source of flooding Location (NAVD) # Depth in feet above ground Modified

ADDRESSES Unincorporated Areas of Sutter County Maps are available for inspection at Sutter County Administrators Office, 1160 Civic Center Boulevard, Yuba City, CA 95993.

City of Troy, Michigan Docket No.: FEMA–B–7749

Michigan ...... City of Troy ...... Hawthorn Drain ...... Downstream side of Dequindre Road ...... +629 Approximately 750 feet upstream of Min- +635 nesota Road. Michigan ...... City of Troy ...... Shanahan Drain (West of Inlet to Henry Graham Drain ...... +639 Henry Graham Drain). Downstream side of John R Road ...... +644 Michigan ...... City of Troy ...... Spencer-Barnard Drain Downstream side of Dequindre Road ...... +630 (East). Upstream side of Minnesota Road ...... +632 Michigan ...... City of Troy ...... Spencer-Barnard Drain Upstream side of John R Road ...... +639 (West). Approximately 1,800 feet upstream of +662 Maple Road.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Troy Maps are available for inspection at 500 West Big Beaver Road, Troy, MI 48084.

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

Marion County, Tennessee, and Incorporated Areas Docket No.: FEMA–B–7756

Pryor Cove Branch ...... Confluence with Standifer Branch ...... +640 Town of Jasper. Confluence with West Fork Pryor Cove Branch ...... +714 Sequatchie River ...... At confluence with Tennessee River ...... +616 Town of Jasper. Approximately 575 feet upstream of U.S. Highway 41 ...... +620 Standifer Branch ...... At confluence of Town Creek ...... +619 Town of Jasper. At confluence of Pryor Cove Branch ...... +639 West Fork Pryor Cove Branch At confluence with Pryor Cove Branch ...... +714 Town of Jasper. Approximately 250 feet upstream of Pryor Cove Road ...... +786

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Town of Jasper Maps are available for inspection at 4460 Main Street, Jasper, TN 37347.

Adams County, Washington, and Incorporated Areas Docket No.: FEMA–B–7755

Paha Creek ...... Approximately 1400 feet downstream of Division Street +1,790 City of Ritzville, Unincor- Bridge. porated Areas of Adams County. Approximately 800 feet upstream of Fairgrounds foot- +1,806 bridge.

* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground.

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

ADDRESSES City of Ritzville Maps are available for inspection at 216 E. Main Avenue, Ritzville, WA 99169. Unincorporated Areas of Adams County Maps are available for inspection at 210 W. Alder, Ritzville, WA 99169.

(Catalog of Federal Domestic Assistance No. You may retrieve the rule and allowing private charter operators to 97.022, ‘‘Flood Insurance.’’) comments online through the Federal request a cease and desist order; and Dated: July 23, 2008. Document Management System (FDMS) established more detailed complaint, David I. Maurstad, at: http://www.regulations.gov. Enter hearing, and appeal procedures. On Federal Insurance Administrator of the docket number 22657 in the search February 14, 2008, FTA received four National Flood Insurance Program, field. The FDMS is available 24 hours petitions for reconsideration for certain Department of Homeland Security, Federal each day, 365 days each year. Electronic provisions contained in the final rule. Emergency Management Agency. submission and retrieval help and Issues Presented in the Petitions for guidelines are available under the help [FR Doc. E8–17681 Filed 7–31–08; 8:45 am] Reconsideration BILLING CODE 9110–12–P section of the Web site. An electronic copy of this document Each of the following organizations may also be downloaded from the filed a petition with FTA for DEPARTMENT OF TRANSPORTATION Government Printing Office’s Electronic reconsideration of the final rule: Coach Bulletin Board Service at (202) 512– USA, Inc., American Bus Association, Federal Transit Administration 1661. Internet users may also reach the Inc. (ABA), Private Sector Participants Office of the Federal Register’s home of Charter Bus Negotiated Rulemaking 49 CFR Part 604 page at: http://www.nara.gov/fedreg and Advisory Committee (‘‘the Coalition’’) the Government Printing Office’s Web (which includes the ABA, California [Docket No. FTA–2005–22657] page at: http://www.gpoaccess.gov/fr/ Bus Association, Coach America, Coach RIN 2132–AA85 index.html. USA, National School Transportation Association, Northwest Motorcoach FOR FURTHER INFORMATION CONTACT: Charter Service Association, Taxicab, Limousine and Crystal Frederick, Ombudsman for Paratransit Association, Trailways, and AGENCY: Federal Transit Administration, Charter Services, Federal Transit United Motorcoach Association), and DOT. Administration, 1200 New Jersey Ave., Adirondack Trailways (including Pine SE., Room E54–410, Washington, DC ACTION: Final rule; response to petitions Hill Trailways and New York 20590, (202) 366–4063 or for reconsideration and amendments. Trailways). [email protected]. Each petition for reconsideration SUMMARY: This document disposes of focused primarily on the final rule’s the petitions for reconsideration filed in SUPPLEMENTARY INFORMATION: exemption for private charter operators. response to the Federal Transit Background The final rule states: Administration’s (FTA) final rule on The Federal Transit Administration charter service published on January 14, (c) The requirements of this part shall not (FTA), on January 14, 2008, issued a 2008. This notice also corrects the final apply to private charter operators that final rule amending 49 CFR part 604 (73 rule by adding an authority citation, receive, directly or indirectly, Federal FR 2326), which governs the provision financial assistance under section 3038 of the revises Appendix B and Appendix C, of charter service by recipients of Transportation Equity Act for the 21st and corrects Appendix D, which should Federal funds from FTA. FTA utilized Century, as amended, or to the non-FTA have appeared in the final rule as a negotiated rulemaking procedures to funded activities of private charter operators matrix. issue the new rule based on direction that receive, directly or indirectly, FTA DATES: Effective Date: August 1, 2008. financial assistance under any of the contained in the Joint Explanatory following programs: 49 U.S.C. 5307, 49 ADDRESSES: A copy of this rule and Statement of the Committee of U.S.C. 5309, 49 U.S.C. 5310, 49 U.S.C. 5311, comments and material received from Conference for section 3023(d), 49 U.S.C. 5316, or 49 U.S.C. 5317. the public, as well as any documents ‘‘Condition on Charter Bus indicated in the preamble as being Transportation Service’’ of the Safe, 49 CFR 604.2(c) available in the docket, are part of Accountable, Flexible, Efficient Coach USA asserts that ‘‘while docket FTA–2005–22657 and are Transportation Equity Act: A Legacy for purporting to ‘clarify’ the rule, FTA available for inspection or copying at Users of 2005 (SAFETEA–LU). The final introduced into its final rule at section the Docket Management Facility, U.S. rule became effective on April 30, 2008, 604.2(c) the undefined limitation that Department of Transportation, 1200 and clarified existing requirements; set the rules would not apply to ‘non-FTA New Jersey Ave., SE., West Building out a new definition of ‘‘charter funded activities of private charter Ground Floor, Room W12–140, service’’; allowed for electronic operators that receive, directly or Washington, DC between 9 a.m. and 5 registration of private charter providers, indirectly, FTA financial assistance’ p.m., Monday through Friday, except which replaced the old ‘‘willing and under a variety of specified Federal Federal holidays. able’’ process; included a new provision programs. By virtue of the addition of

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these new regulatory terms, a private total trip time. The Coalition opposes academic calendar, times of the day charter operator must now determine this expansion because ‘‘there is still no served, special or no fares for members what is, and what is not, an ‘FTA evidence in the record other than of the university community, etc.) and funded activity.’ Under the proposed anecdotes that this exception is specifies routes that are tailored to meet rule, by contrast, no such determination necessary * * * and this exception unique university requirements, such as was required.’’ Coach USA encourages should be withdrawn from the rule or at on-campus shuttle routes or shuttles FTA to return to the notice of proposed least limited to rural areas only.’’ between a campus and nearby stores or rulemaking (NPRM) language for this 3. Petitions to the Administrator other off-campus facilities frequented by exemption. The ABA expressed similar students. concerns in its petition and noted that The Coalition also expressed concern the answers provided in Appendix C regarding the final rule’s requirements 5. Remedy Matrix in Appendix D ‘‘are themselves unclear, in conflict, and for Petitions to the Administrator. The Finally, the Coalition also raised do not cover every possible funding final rule allows a transit agency to concerns about the inclusion of scenario.’’ Further, ABA also urged FTA petition the Administrator for an Appendix D, which was a matrix of to return to the NPRM language except exception to the charter regulation for potential remedies that may be imposed ‘‘where a private operator has acquired events of regional or national for a violation of the new charter service a vehicle with 80% or more Federal significance, hardship, or discretion. regulation. According to the Coalition, funding * * * that federally-funded The Coalition noted that ‘‘there is no the figures contained in Appendix D are vehicle may not be used to provide provision for the petition itself to be ‘‘undecipherable’’ and it requests that charter bus service unless one of the noticed in the docket, and no the appendix be stricken from the final exceptions applies.’’ ABA also states opportunity for private operators to rule. that FTA did not properly support the comment on the representations and change in the exemption from the certification made by the recipient in Response to Petitions for NPRM to the final rule. the petition.’’ The Coalition requests Reconsideration Adirondack Trailways expressed that such petitions be published in the 1. Private Charter Exemption strong support for ABA’s position on docket and interested parties be given The Coalition raised concerns about this issue and noted that ‘‘the charter the opportunity to comment on the FTA adding language to the private regulations can be interpreted in a way requested exceptions before the charter operator exemption and asserted that would prevent a private operator Administrator issues a decision. that FTA’s changes are not supported by who performs commuter work Monday 4. University Shuttle Service the record. In the docket for this through Friday from operating a charter rulemaking are several comments asking on Saturday or Sunday.’’ The Coalition Regarding university shuttle service, for clarification of the private charter did not address this particular issue, but the final rule contains an appendix with exemption. Some comments confused raised several other issues. a number of questions and answers. The Coalition raised concerns about Question 26 in the appendix asks the many private not-for-profit agencies the final rule’s provisions regarding the whether university shuttle service is that provide public transit service in expansion of the emergency exemption charter service. The answer to question rural areas with the private charter from three days to forty-five days; the 26 states that regularly scheduled operators. Other comments complained expansion of the hardship exception to university service does not meet the that FTA was treating recipients of small urbanized areas; comments on definition of charter service even though Federal funds differently. In the final Petitions to the Administrator; it is service provided at the request of rule preamble, FTA responded by exclusion of university shuttle bus a third party, for an exclusive group, stating: ‘‘FTA’s Over-the-Road Bus service; and the remedy matrix in and for a negotiated price. The Coalition Program is specifically designed to Appendix D. expressed concerns about the answer to provide Federal assistance to private question 26 because ‘‘transit agencies charter operators so that they can 1. Emergency Exemption may view this guidance as a license to retrofit their vehicles to make them The final rule allows a public transit enter service contracts with universities accessible and comply with the agency to provide charter service in to provide campus service paid for by Americans with Disabilities Act. This is emergency situations for forty-five days the university as long as the transit a federally sanctioned activity, and, after which the transit agency is agency publishes the schedule, calls it thus, to apply the charter regulations required to comply with 49 CFR Part a fixed route and allows the occasional would run counter to this Federal 601 Subpart D—FTA’s Emergency Relief member of the public to ride—even program. The same argument also holds docket. The Coalition believes this though it is really the university true for those private charter operators change in the final rule (the NPRM directing the terms of the service.’’ that receive Federal funds under 49 proposed to allow transit agencies to Thus, the Coalition asks for question 26 U.S.C. section 5311(f), which provides a provide emergency service for three to be stricken from the appendices, or, limited amount of Federal support for days) is unnecessary because ‘‘it is in the alternative, for FTA to provide a running routes in rural areas.’’ Still extremely rare that emergency counter-example of when university other comments raised concerns about conditions requiring transit bus charter shuttle service would be considered transit agencies’ ability to contract with service will last for one and one-half charter service. private providers to provide public months.’’ Coach USA also commented on transportation. In response to these question 26 and asserted that ‘‘the line concerns, FTA noted in the final rule 2. Expansion of Hardship Exception between legitimate transit service and that ‘‘public transit agencies may enter Regarding the expansion of the charter service is crossed when the into a contract with private charter hardship exception to small urban areas, transit agency enters a contract with the operators to purchase transportation the final rule allows small urban areas university or college that provides for a services using the private charter under 200,000 in population to petition subsidy and, as is typical, also specifies operator’s vehicles. The fact that a the Administrator for an exception if a key terms of the service (e.g., fares, bus private charter operator contracts with a private carrier’s deadhead time exceeds stop locations, schedules based on public transit agency should not have

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the unintended consequence of could, however, provide charter service the contracted transit service). When a preventing the operator from using to the Garden Club using other privately private operator uses that same privately those vehicles, or other vehicles in its owned vehicles in its fleet that were not owed vehicle in non-FTA funded fleet, to provide charter service.’’ FTA required to be used under the transit service, such as charter service, the also noted in response to comments that contract. preventive maintenance and capital ‘‘if a private charter operator provides Another example involves service depreciation are not paid by FTA, so the fixed route public transportation using provided under a turn-key contract, charter rule does not apply. federally funded buses or vans under where the private operator provides and Accordingly, the Coalition’s request to contract to a transit agency or other operates a dedicated transit fleet. For revert to the language of the NPRM is public entity such as a State Department the transit part of its business, the denied, but FTA will provide further of Transportation, the private charter private operator is in effect the transit clarification to the questions and operator stands in the shoes of the operator, and is subject to the charter answers on this topic in Appendix C. rule for the vehicles in that transit fleet. transit agency and is subject to the 2. Expansion of the Emergency The charter rule would not apply, charter service regulations.’’ But, FTA Exemption From 3 to 45 Days made sure to note that the ‘‘private however, to other aspects of that private charter operator, however, would not be provider’s business. FTA also The expansion of the emergency prevented from using other vehicles in recognizes that a private operator may exemption from three to 45 days is its private fleet to provide charter use vehicles in its fleet interchangeably. described by the Coalition as service.’’ So long as the operator is providing the ‘‘unnecessarily generous’’ and ‘‘could Thus, while FTA understands the number, type, and quality of vehicles allow agencies to avoid reporting Coalition’s concerns regarding the contractually required to be provided requirements.’’ The Coalition requests amended language in the final rule, exclusively for transit use, and is not that FTA return to the three day time FTA’s changes in the final rule are well- using FTA funds to cross-subsidize period proposed in the NPRM. This supported by the record. Even so, since private charter service, the private request for reconsideration fails to the ABA and Coach USA focus on operator may manage its fleet according comply with the provisions of 49 CFR questions nine and ten in Appendix C, to best business practices. Stated 601.34 because it fails to state ‘‘why FTA will revise those questions to better differently, the charter rule is only compliance with the final rule is not reflect FTA’s intent with respect to the applicable to the actual transit service practicable, is unreasonable, or is not in private charter exemption contained in provided by the private operator. As the public interest.’’ Even so, to support 49 CFR 604.2. To be clear, the charter stated in 49 CFR 605.2(c), the rule does its claim, the Coalition asserts that rules do not apply to private charter not apply to the non-FTA funded ‘‘there is nothing in the record operators when providing charter activities of private charter operators. supporting a 45-day exemption from the services using private charter vehicles The intent of this provision was to normal reporting requirement.’’ not under contract with a public transit isolate the impacts of the charter rule on The record for these proceedings agency. The charter regulations apply to private operators to those instances includes not only the final rule and its private charter providers when where they stood in the shoes of a preamble, but also all of the comments. providing public transportation services transit agency. In the final rule FTA specifically noted under contract with a transit agency Related to the above issue is the issue that ‘‘considering the concerns raised, receiving Federal funds whether using of receipt of Federal funds used to offset we have decided to amend this section privately owned vehicles or federally the costs of preventive maintenance. to allow for transit agencies to respond funded vehicles. This means a private The use of Federal funds to offset to emergencies * * * but it is necessary charter operator, when providing public preventive maintenance costs does not to provide a time limitation, and so, we transportation in accordance with the trigger application of the charter rule. are changing the three day limit to 45 terms of its contract with a public Recipients of non-urbanized area days.’’ The time change directly transit agency, must abide by the charter formula program (49 U.S.C. 5311(f)) responds to the comments FTA received regulations for those vehicles engaged in funds are constrained by the charter rule indicating concern that three days was public transportation services. For only when providing public not sufficient time to allow for transit example, XYZ Charter Company transportation. Non-FTA funded agencies to respond to emergencies. contracts with ABC transit agency to vehicles that are maintained in FTA Specifically, several comments noted provide fixed route service from 7 a.m. funded facilities also do not become that the response to Hurricanes Katrina to 6:30 p.m. Monday through Friday. At subject to the charter regulations. and Rita took much longer than three 6:31 p.m. each night, XYZ Charter Similarly, incidental use of FTA funded days. Thus, FTA chose a 45-day limit Company’s privately owned vehicles are facilities such as stops or terminals or because it would allow transit agencies available for charter and such service is joint information systems, during to focus on providing the needed not subject to the charter regulations. charter, tour, or intercity operations, support during emergencies without Moreover, if the Garden Club asks does not mean the charter regulations having to report back to FTA in a short XYZ Charter Company to perform a apply to the equipment in the private time frame. Accordingly, the coalition’s charter on Thursday from 10 a.m. until operator’s fleet. request to return to the three day period 12 p.m., XYC Charter Company would Finally, when a private operator proposed in the NPRM is denied. have to abide by the charter service receives FTA funds through the capital regulations if it were to use the vehicles cost of contracting, the only expenses 3. Expansion of Hardship Exception to in its fleet assigned to the provision of attributed to FTA are those related to Small Urbanized Areas transit service because the event occurs the transit service provided. The With respect to FTA’s expansion of during the period the private charter principle of the capital cost of the hardship exception to small operator has contracted with the transit contracting is to pay for the capital urbanized areas, the Coalition asserts agency to provide public transportation portion of the privately owned assets there is ‘‘still no evidence in the record whether the service is provided by used in public transportation (including other than anecdotes that this [hardship] privately owned vehicles or federally a share of preventive maintenance costs exception is necessary’’ and asks that funded vehicles. XYC Charter Company attributable to the use of the vehicle in ‘‘the exception be withdrawn from the

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final rule or at least limited to rural FTA also noted in the preamble to the 6. Remedy Matrix in Appendix D areas only.’’ This request for final rule that if a registered charter The Coalition noted in its petition reconsideration fails to comply with the operator believes that a petition that the ‘‘figures in Appendix D matrix provisions of 49 CFR 601.34 because it egregiously misstates facts, he or she are not explained and are fails to state ‘‘why compliance with the may bring that to the attention of the undecipherable.’’ The Coalition urges final rule is not practicable, is ombudsman for charter service. While FTA to remove Appendix D altogether. unreasonable, or is not in the public the final rule does not formally set a This request for reconsideration fails to interest.’’ Even so, while the Coalition comment period for Petitions to the comply with the provisions of 49 CFR does not see a need for this exception, Administrator, there is a mechanism in 601.34 because it fails to state ‘‘why FTA was convinced by the comments place for registered charter providers to compliance with the final rule is not received that rural providers have review petitions submitted to FTA and practicable, is unreasonable, or is not in limited options and there may be bring concerns to the agency’s attention. the public interest.’’ Even so, in printing instances when a transit agency will Accordingly, the Coalition’s request for the final rule, the Federal Register need to step in to fulfill community a formal comment period for Petitions to changed the original ‘‘matrix’’ to a table. needs. Based on the comments received, the Administrator is denied. By this notice, FTA corrects Appendix FTA also determined that the exception could be safely expanded to areas fewer 5. Exclusion of Regular University D to reflect a matrix of potential than 200,000 in population because Shuttle Bus Service remedies for a violation of the charter service regulations. those areas also tend to have fewer The questions and answers provided private charter choices. in Appendix C to the final rule state that 7. Revision to Appendix B Further, the Coalition incorrectly regular shuttle service subsidized by a This notice also provides additional states the exception. In the final rule, university is not charter. The Coalition FTA removed the minimum trip guidance to affected parties regarding argues that ‘‘much shuttle service what FTA may consider when duration requirement. Now, the only provided by a transit agency to a way to qualify for a hardship exception determining whether a party has acted university, where the university in ‘‘bad faith.’’ Currently, Appendix B is for the deadhead time to exceed total determines the routes, the schedule is trip time. This change was made as an defines bad faith as ‘‘actual or adjusted according to the university’s constructive fraud or a design to acknowledgement that many companies calendar, and the university pays the impose minimum trip durations as a mislead or deceive another or a neglect fares for all of the students, faculty and or refusal to fulfill a duty or contractual sound business practice and allowing staff riding the service (and charges the transit agencies to provide requested obligation.’’ In addition, to this students a transportation or activity fee) definition, FTA will also consider the charter service simply because a private could be considered charter service.’’ provider imposes minimum trip time it takes for a registered charter The Coalition requests that the question provider to contact a customer or durations could work a disservice upon and answer pertaining to university small, rural private providers. provide a customer with a reasonable service be removed or revised. This Accordingly, the Coalition’s request to quote. It is not reasonable for a request for reconsideration fails to remove the hardship exception is registered charter provider to wait to comply with the provisions of 49 CFR denied. contact the customer until the event is 601.34 because it fails to state ‘‘why only a few weeks away. It is also not 4. Comments on Petitions to the compliance with the final rule is not reasonable for a registered charter Administrator practicable, is unreasonable, or is not in provider to delay providing a customer The Coalition states in its petition that the public interest.’’ Even so, when with a reasonable price quote for the ‘‘there is no provision for the petition drafting the final rule FTA was very requested charter service. Thus, it is itself to be noticed in the docket, and no cognizant of the Coalitions’ concerns FTA’s intention to review situations in opportunity for private operators to regarding shuttle service to universities. which the registered charter provider comment on the representations and FTA determined that regular shuttle delays either contacting the customer or certifications made by the recipient in service, even service that is designed to providing a reasonable price quote to the petition * * *.’’ The Coalition meet the needs of students during the the customer. requests that FTA formally establish a week, is not charter because the service Additionally, since the rule’s effective comment period for Petitions to the is provided on a regular and continuing date, some registered charter providers Administrator. This request for basis as part of the transit system. have provided quotes that include reconsideration fails to comply with the That being said, FTA recognizes that several hours of deadhead time for a two provisions of 49 CFR Section 601.34 the question and answer regarding or three hour around-the-town charter because it fails to state ‘‘why university shuttle service could be read trip. Such a quote is not reasonable compliance with the final rule is not to mean that all shuttle service to given the fact that the customer should practicable, is unreasonable, or is not in universities is not charter, which is not not have to pay for inordinate hours of the public interest.’’ Even so, the true. Shuttle service to events or deadhead time in order to receive preamble to the final rule specifically functions of a limited duration or that service. Further, such actions seem states ‘‘in response to the private charter occur on an irregular basis and that is unreasonable if the transit agency is able operators’’ comments, we note the subsidized by the university is charter. to provide the trip because there are no establishment of a ‘Petitions to the Further, on-campus shuttle routes local private charter operators interested Administrator’ docket. Private charter provided for the exclusive use of in providing the trip. operators are able to view requests students and faculty and not connected through this web site. * * *’’ Further, to a transit system’s routes could also be 8. Revision to Appendix C FTA routinely posts these petitions in charter. Thus, FTA will revise the In response to the many questions the docket (FTA–2007–0022) at http:// question and answer regarding FTA received regarding its final rule, we www.regulations.gov, which allows university shuttle service to make clear have revised Appendix C to provide registered charter providers to comment that certain service to a university could additional guidance regarding issues on the petition. be charter. that seem most important to affected

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parties. Thus, FTA added several new prevent the local transit agency from considering any extraneous material or questions and answers and revised some providing the service. matter, do not raise a genuine issue as to any of the old questions and answers to add On the other hand, FTA would not material question of fact, and based on the more clarity to certain issues. The new interpret an honest mistake of fact as bad undisputed facts stated in the complaint, faith. For example, if a registered charter there is no violation of the charter service Appendix C incorporates, as provider fails to provide charter service in statute or regulation as a matter of law. Based appropriate, and replaces the old response to a recipient’s notification when it on Federal Rules of Civil Procedure, Rule Appendix C. honestly mistook the date, place or time the 56(c). service was to be provided. It would not be Examples of complaints that would not 9. Authority Citation Correction bad faith if the registered charter provider warrant an investigation or further action by In the final rule published January 14, responded affirmatively to the email FTA include but are not limited to: (1) A 2008, the authority citation for part 604 notification sent by the public transit agency, complaint against a public transit agency that was inadvertently omitted from the text but then later learned it could not perform does not receive FTA funding; (2) a complaint brought against a public transit of the regulation. This notice corrects the service and provided the transit agency reasonable notice of its changed agency by a private charter operator that is that omission. circumstances. neither a registered charter provider nor its List of Subjects in 49 CFR Part 604 duly authorized representative; (3) a What is fraud? complaint that gives no information as to Charter service. Fraud is the suggestion or assertion of a when or where the alleged prohibited charter I Accordingly, 49 CFR part 604 is fact that is not true, by one who has no service took place; or (4) a complaint filed amended as follows: reasonable ground for believing it to be true; solely for the purpose of harassing the public transit agency. I 1. Add the following authority the suppression of a fact by one who is bound to disclose it; one who gives I citation for part 604 to read as follows: 3. Revise Appendix C to part 604 to information of other facts which are likely to read as follows: Authority: 49 U.S.C. 5323(d): 3023(d), Pub. mislead; or a promise made without any L. 109–59; 49 CFR 1.51. intention of performing it. Black’s Law Appendix C to Part 604—Frequently Dictionary, Revised Fourth Edition, West Asked Questions I 2. Revise Appendix B to part 604 to Publishing Company, St. Paul, Minn., 1968. read as follows: Examples of fraud include but are not (a) Applicability (49 CFR Section 604.2) limited to: (1) A registered charter provider (1) Q: If the requirements of the charter Appendix B to Part 604—Reasons for indicates that it has a current state or Federal rule are not applicable to me for a particular Removal safety certification when it knows that it does service I provide, do I have to report that service in my quarterly report? The following is guidance on the terms not in fact have one; (2) a broker that owns A: No. If the service you propose to contained in section 604.26(d) concerning no charter vehicles registers as a registered provide meets one of the exemptions reasons for which FTA may remove a charter provider; or (3) a qualified human contained in this section, you do not have to registered charter provider or a qualified service organization represents that its serves the needs of the elderly, persons with report the service in your quarterly report. human service organization from the FTA (2) Q: If I receive funds under 49 U.S.C. charter registration Web site. disabilities, or lower-income individuals, but, in fact, only serves those populations Sections 5310, 5311, 5316, or 5317, may I What is bad faith? tangentially. provide charter service for any purpose? A: No. You may only provide charter Bad faith is the actual or constructive fraud What is a lapse of insurance? service for ‘‘program purposes,’’ which is or a design to mislead or deceive another or A lapse of insurance occurs when there is defined in this regulation as ‘‘transportation a neglect or refusal to fulfill a duty or no policy of insurance is in place. This may that serves the needs of either human service contractual obligation. It is not an honest occur when there has been default in agencies or targeted populations (elderly, mistake. Black’s Law Dictionary, Revised payment of premiums on an insurance policy individuals with disabilities, and/or low Fourth Edition, West Publishing Company, and the policy is no longer in force. In income individuals) * * *’’ 49 CFR Section St. Paul, Minn., 1968. addition, no other policy of insurance has 604.2(e). Thus, your service only qualifies for For example, it would be bad faith for a taken its place. Black’s Law Dictionary, the exemption contained in this section if the registered charter provider to respond to a Revised Fourth Edition, West Publishing service is designed to serve the needs of recipient’s notification to registered charter Company, St. Paul, Minn., 1968. targeted populations. Charter service providers of a charter service opportunity provided to a group, however, that includes stating that it would provide the service with What is a lapse of other documentation? individuals who are only incidentally no actual intent to perform the charter A lapse of other documentation means for members of those targeted populations, is not service. It would also be bad faith if the example, but is not limited to, failure to have ‘‘for program purposes’’ and must meet the registered charter provider fails to contact the or loss or revocation of business license, requirements of the rule (for example, an customer or provide a quote for charter operating authority, failure to notify of individual chartering a vehicle to take his service within a reasonable time. Typically, current company name, address, phone relatives including elderly aunts and a cousin if a registered charter provider fails to contact number, email address and facsimile number, who is a disabled veteran to a family a customer or fails to provide a price quote failure to have a current state or Federal reunion). to the customer at least 14 business days safety certification, or failure to provide (3) Q: If I am providing service for program before an event, then FTA may remove the accurate Federal or state motor carrier purposes under one of the FTA programs registered charter provider from the identifying number. Black’s Law Dictionary, listed in 604.2.(e), do the human service registration Web site, which would allow a Revised Fourth Edition, West Publishing organizations have to register on the FTA transit agency to step back in to provide the Company, St. Paul, Minn., 1968. Charter Registration Web site? service because the registered charter A: No. Because the service is exempt from provider’s response to the email would no What is a complaint that does not state a the charter regulations, the organization does longer be effective because it is not claim that warrants an investigation or not have to register on the FTA Charter registered. further action by FTA? Registration Web site. Further, it would be bad faith for a A complaint is a document describing a (4) Q: What if there is an emergency such registered charter provider to submit a quote specific instance that allegedly constitutes a as an apartment fire or tanker truck spill that for charter services knowing that the price is violation of the charter service regulations set requires an immediate evacuation, but the three to four times higher because of the forth in 49 CFR 604.28. More than one President, Governor, or Mayor never declares distance the registered charter provider must complaint may be contained in the same it as an emergency? Can a transit agency still travel (deadhead time). In those situations, document. A complaint does not state a assist in the evacuation efforts? FTA may interpret such quotes as bad faith claim that warrants investigation when the A: Yes. One part of the emergency because they appear to be designed to allegations made in the complaint, without exemption is designed to allow transit

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agencies to participate in emergency (10) Q: How does a private provider know (15) Q: May a public transit agency provide situations without worrying about complying whether an activity is FTA-funded or not? ‘‘seasonal service’’ (e.g., service May through with the charter regulations. Since transit A: The private provider should refer to the September for the summer beach season)? agencies are often uniquely positioned to contract with the public transit agency to A: ‘‘Seasonal service’’ that is regular and respond to such emergencies, the charter understand the services that are funded with continuing, available to the public, and regulations do not apply. This is true Federal dollars. controlled by the public transit agency meets whether or not the emergency is officially (11) Q: What if the service is being the definition of public transportation and is declared. provided under a capital cost of contracting not charter service. The service should have (5) Q: Do emergency situations involve scenario? a regular schedule and be planned in the requests from the Secret Service or the police A: When a private operator receives FTA same manner as all the other routes, except department to transport its employees? funds through capital cost of contracting, the that it is run only during the periods when A. Generally no. Transporting the Secret only expenses attributed to FTA are those there is sufficient demand to justify public Service or police officers for non-emergency related to the transit service provided. The transit service; for example, the winter ski preparedness or planning exercises does not principle of capital cost of contracting is to season or summer beach season. ‘‘Seasonal qualify for the exemption under this section. service’’ is distinguishable from charter pay for the capital portion of the privately In addition, if the Secret Service or the police service provided for a special event or owned assets used in public transportation department requests that a transit agency function that occurs on an irregular basis or (including a share of preventive maintenance provide service when there is no immediate for a limited duration, because the seasonal emergency, then the transit agency must costs attributable to the use of the vehicle in transit service is regular and continuing and comply with the charter service regulations. the contracted transit service). When a the demand for service is not triggered by an (6) Q: Can a transit agency provide private operator uses that same privately event or function. In addition, ‘‘seasonal transportation to transit employees for an owed vehicle in non-FTA funded service, service’’ is generally more than a month or event such as the funeral of a transit such as charter service, the preventive two, and the schedule is consistent from year employee or the transit agency’s annual maintenance and capital depreciation are not to year, based on calendar or climate, rather picnic? paid by FTA, so the charter rule does not than being scheduled around a specific A: Yes. These events do not fall within the apply. event. definition of charter, because while the (12) Q: What if the service is provided service is exclusive, it is not provided at the under a turn-key scenario? (b) Definitions (49 CFR Section 604.3) request of a third party and it is not at a A: To the extent the private charter (16) Q: The definition of charter service negotiated price. Furthermore, a transit provider is standing in the shoes of the does not include demand response services, agency transporting its own employees to public transit agency, the charter rules apply. but what happens if a group of individuals events sponsored by the transit agency for Under a turn-key contract, where the private request demand response service? employee morale purposes or to events operator provides and operates a dedicated A: Demand response trips provide service directly related to internal employee transit fleet, then the private provider must from multiple origins to a single destination, relations such as a funeral of an employee, abide by the charter regulations for the transit a single origin to multiple destinations, or or to the transit agency’s picnic, is paying for part of its business. The charter rule would even multiple origins to multiple these services as part of the transit agency’s not apply, however, to other aspects of that destinations. These types of trips are own administrative overhead. private provider’s business. FTA also considered demand response transit service, (7) Q: Is sightseeing service considered to recognizes that a private operator may use not charter service, because even though a be charter? vehicles in its fleet interchangeably. So long human service agency pays for the A: ‘‘Sightseeing’’ is a different type of as the operator is providing the number, type, transportation of its clients, trips are service than charter service. ‘‘Sightseeing’’ and quality of vehicles contractually required scheduled and routed for the individuals in service is regularly scheduled round trip to be provided exclusively for transit use and the group. Service to individuals can be service to see the sights, which is often is not using FTA funds to cross-subsidize identified by vehicle routing that includes accompanied by a narrative guide and is private charter service, the private operator multiple origins, multiple destinations, or open to the public for a set price. Public may manage its fleet according to best both, based on the needs of individual transit agencies may not provide sightseeing business practice. members of the group, rather than the group service with federally funded assets or (13) Q: Does FTA’s rule prohibit a private as a whole. For example, demand response assistance because it falls outside the provider from providing charter service when service that takes all of the members of a definition of ‘‘public transportation’’ under group home on an annual excursion to a its privately owned vehicles are not engaged 49 U.S.C. Section 5302(a) (10), unless FTA baseball game. Some sponsored trips carried in providing public transportation? provides written concurrence for that service out as part of a Coordinated Human Services A: No. The charter rule is only applicable as an approved incidental use. While, in Transportation Plan, such as trips for Head to the actual public transit service provided general, ‘‘sightseeing’’ service does not Start, assisted living centers, or sheltered by the private operator. As stated in 49 CFR constitute charter service, ‘‘sightseeing’’ workshops may even be provided on an service that also meets the definition of 604.2(c), the rule does not apply to the non- exclusive basis where clients of a particular charter service would be prohibited, even as FTA funded activities of private charter agency cannot be mixed with members of the an incidental use. operators. The intent of this provision was to general public or clients of other agencies for (8) Q: If a private provider receives Federal isolate the impacts of the charter rule on safety or other reasons specific to the needs funds from one of the listed programs in this private operators to those instances where of the human service clients. section, does that mean the private provider they stood in the shoes of a transit agency. (17) Q: Is it charter if a demand response cannot use its privately owned equipment to (14) Q: May a private provider use vehicles transit service carries a group of individuals provide charter service? whose acquisition was federally funded to with disabilities from a single origin to a A: No. A private provider may still provide provide private charter services? single destination on a regular basis? charter services even though it receives A: It depends. A private provider, who is A: No. Daily subscription trips between a Federal funds under one of the programs a sub-recipient or sub-grantee, when not group living facility for persons with listed in this section. The charter regulations engaged in providing public transit using developmental disabilities to a sheltered only apply to a private provider during the federally funded vehicles, may provide workshop where the individuals work, or time period when it is providing public charter services using federally funded weekly trips from the group home to a transportation services under contract with a vehicles only in conformance with the recreation center is ‘‘special transportation’’ public transit agency. charter regulations. Vehicles, whose only and not considered charter service. These (9) Q: What does FTA mean by the phrase federal funding was for accessibility trips are regular and continuous and do not ‘‘non-FTA funded activities’’? equipment, are not considered to be federally meet the definition of charter. A: Non-FTA funded activities are those funded vehicles in this context. In other (18) Q: If a third party requests charter activities that are not provided under words, vehicles, whose lifts are only funded service for the exclusive use of a bus or van, contract or other arrangement with a public under FTA programs, may be used in charter but the transit agency provides the service transit agency using FTA funds. service. free of charge, is it charter?

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A: No. The definition of charter service charged is higher than its regular fare for government official have to currently hold an under 49 CFR Section 604.3(c) (1), requires comparable services. For example, if the office in government? a negotiated price, which implies an transit agency proposes to provide an express A: Yes. In order to take advantage of the exchange of money. Thus, free service does shuttle service to football games, it should Government Official exception, the not meet the negotiated price requirement. look at the regular fares charged for express individual must hold currently a government Transit agencies should note, however, that shuttles of similar distance elsewhere in the position that is elected or appointed through a negotiated price could be the regular fixed transit system. In addition, the service may a political process. route fare or when a third party indirectly be charter if the transit agency charges a (33) Q: Does a university qualify as a pays for the regular fare. lower fare or no fare because of a third party QHSO? (19) Q: If a transit agency accepts a subsidy subsidy. A: No. Most universities do not have a for providing shuttle service for an entire (27) Q: What if a transit agency charges a mission of serving the needs of the elderly, baseball season, is that charter? customer an up front special event fare that persons with disabilities, or low income A: Yes. Even though there are many includes the outbound and inbound trips, is individuals. baseball games over several months, the that a premium fare? (34) Q: Do the Boy Scouts of America service is still to an event or function on an A: It depends. If the transit agency charges qualify as a QHSO? irregular basis or for a limited duration for the outbound and inbound fares up front, but A: No. The Boy Scouts of America’s which a third party pays in whole or in part. many customers don’t travel both directions, mission is not to serve the needs of the In order to provide the service, a transit then the fare may be premium. This would elderly, persons with disabilities, or low agency must first provide notice to registered not be true generally for park and ride lots, income individuals. charter providers. where the customer parks his or her car, and, (35) Q: What qualifies as indirect financial (20) Q: If a transit agency contracts with a would most likely use transit to return to the assistance? third party to provide free shuttle service same lot. Under that scenario, the transit A: The inclusion of ‘‘indirect’’ financial during football games for persons with agency may collect the regular outbound and assistance as part of the definition of disabilities, is that charter? inbound fare up front. ‘‘recipient’’ covers ‘‘subrecipients.’’ In other A: Yes. Even though the service is for (28) Q: What if a transit agency wishes to words, ‘‘subrecipients’’ are subject to the persons with disabilities, the transit agency create a special pass for an event or function charter regulation. FTA modified the on an irregular basis or for a limited duration receives payment from a third party for an definition of recipient in the final rule to that allows a customer to ride the transit event or function that occurs on an irregular clarify this point. basis or for a limited duration. In order for system several times for the duration of the a transit agency to provide the service, it event, is that charter? (c) Exceptions (49 CFR Subpart B) must provide notice to the list of registered A: It depends. If the special pass costs (36) Q: In order to take advantage of the more than the fare for a reasonable number charter providers first. Government Officials exception, does a of expected individual trips during the event, (21) Q: What if a business park pays the transit agency have to transport only elected then the special pass represents a premium transit agency to add an additional stop on or appointed government officials? fare. FTA will also consider whether a third its fixed route to include the business park, A: No, but there has to be at least one party provides a subsidy for the service. is that charter? elected or appointed government official on (29) Q: Is it a third party subsidy if a third A: No. The service is not to an event or party collects the regular fixed route fare for the trip. function and it does not occur on an irregular the transit agency? (37) Q: If a transit agency provides notice basis or for a limited duration. A. Generally no. If the service provided is regarding a season’s worth of service and (22) Q: What if a university pays the transit not at the request of a third party for the some of the service will occur in less than agency to expand its regular fixed route to exclusive use of a bus or van, then a third 30 days, does a registered charter provider include stops on the campus, is that charter? party collecting the fare would not qualify have to respond within 72 hours or 14 days? A: No. The service is not to an event or the service as charter. But, a transit agency A: A transit agency should provide as function and it does not occur on an irregular has to consider carefully whether the service much notice as possible for service that basis or for a limited duration. is at the request of an event planner. For occurs over several months. Thus, a transit (23) Q: What if a university pays the transit example, a group offers to make ‘‘passes’’ for agency should provide notice to registered agency to provide shuttle service that does its organization and then later work out the charter providers more than 30 days in not connect to the transit agency’s regular payment to the transit agency. The transit advance of the service, which would give routes, is that charter? agency can only collect the regular fare for registered charter provider 14 days to A: Yes. The service is provided at the each passenger. respond to the notice. Under pressure to request of a third party, the university, for the (30) Q: If the transit agency is part of the begin the service sooner, the transit agency exclusive use of a bus or van by the local government and an agency within the could provide a separate notice for only that university students and faculty for a local government pays for service to an event portion of the service occurring in less than negotiated price. or function of limited duration or that occurs 30 days. (24) Q: What if the university pays the on an irregular basis, is that charter? (38) Q: Does a transit agency have to transit agency to provide shuttle service to A: Yes. Since the agency pays for the contact registered charter providers in order football games and graduation, is that charter service, whether by direct payment or to petition the Administrator for an event of charter? transfer of funds through internal local regional or national significance? A: Yes. The service is to an event or government accounts, it represents a third A: Yes. A petition for an event of regional function that occurs on an irregular basis or party payment for charter service. Thus, the or national significance must demonstrate for a limited duration. As such, in order to service would meet the definition of charter that not only has the public transit agency provide the service, a transit agency must service under 49 CFR Section 604.3(c) (1). contacted registered charter providers, but provide notice to the list of registered charter (31) Q: What if an organization requests also demonstrate how the transit agency will providers. and pays for service through an in-kind include registered charter providers in (25) Q: What happens if a transit agency payment such as paying for a new bus shelter providing the service to the event of regional does not have fixed route service to or providing advertising, is that charter? or national significance. determine whether the fare charged is a A: Yes. The service is provided at the (39) Q: Where does a transit agency have premium fare? request of a third party for a negotiated price, to file its petition? A: A transit agency should compare the which would be the cost of a new bus shelter A: A transit agency must file the petition proposed fare to what it might charge for a or advertising. The key here is the direct with the ombudsman at similar trip under a demand response payment for service to an event or function. [email protected]. FTA scenario. For instance, advertising that appears on will file all petitions in the Petitions to the (26) Q: How can a transit agency tell if the buses for regular service does not make it Administrator docket (FTA–2007–0022) at fare is ‘‘premium’’? charter. http://www.regulations.gov. A: The transit agency should analyze its (32) Q: Under the definition of (40) Q: What qualifies as a unique and time regular fares to determine whether the fare ‘‘Government Officials,’’ does the sensitive event?

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A: In order to petition the Administrator may, however, provide a generalized (53) Q: What if the registered charter for a discretionary exception, a public transit statement such as ‘‘Please do not respond to provider does not provide quality charter agency must demonstrate that the event is this notice if you are not interested or cannot service to the customer? unique or that circumstances are such that perform the service in its entirety.’’ A: If a registered charter provider does not there is not enough time to check with (47) Q: What happens if a transit agency provide service to the satisfaction of the registered charter providers. Events that sends out a notice regarding charter service, customer, the customer may pursue a civil occur on an annual basis are generally not but later decides to perform the service free action against the registered charter provider considered unique or time sensitive. of charge and without a third party subsidy? in a court of law. If the registered charter (41) Q: Is there any particular format for A: If a transit agency believes it may provider also demonstrated bad faith or quarterly reports for exceptions? receive the authority to provide the service fraud, it can be removed from the FTA A: No. The report must contain the free of charge, with no third party subsidy, Charter Registration Web site. information required by the regulations and then it should send out a new e-mail notice (e) Complaint & Investigation Process clearly identify the exception under which stating that it intends to provide the service the transit agency performed the service. free of charge. (54) Q: May a trade association or other (42) Q: May a transit agency lease its (48) Q: What happens if a registered charter operators that are unable to provide vehicles to one registered charter provider if provider initially indicates interest in requested charter service have the right to file there is another registered charter provider providing the service described in a notice, a complaint against the transit agency? that can perform all of the requested service but then later is unable to perform the A: Yes. A registered charter operator or its with private charter vehicles? service? duly authorized representative, which can A: No. A transit agency may not lease its A: If the registered charter provider acts in include a trade association, may file a vehicles to one registered charter provider good faith by providing reasonable notice to complaint under section 604.26(a). Under the new rule, a private charter operator that is when there is another registered charter the transit agency of its changed not registered with FTA’s charter registration provider that can perform all of the requested circumstances, and that registered charter Web site may not file a complaint. service. In that case, the transit vehicles provider was the only one to respond to the (55) Q: Is there a time limit for making would enable the first registered charter notice, then the transit agency may step back complaints? provider to charge less for the service than in and provide the service. (49) Q: What happens if a registered charter A: Yes. Complaints must be filed within 90 the second registered charter provider that days of the alleged unauthorized charter provider indicates interest in providing the uses all private charter vehicles. service. service, but then does not contact the (43) Q: Where do I submit my reports? (56) Q: Are there examples of the likely customer? A: FTA has adapted its electronic grants remedies FTA may impose for a violation of A: A transit agency may step back in and making system, TEAM, to include charter the charter service regulations? provide the service if the registered charter rule reporting. Grantees should file the A: Yes. Appendix D contains a matrix of provider was the only one to respond required reports through TEAM. These likely remedies that FTA may impose for a affirmatively to the notice. reports will be available to the public violation of the charter service regulations. (50) Q: What happens if a registered charter through FTA’s charter bus service Web page (57) Q: When a complaint is filed, who is provider indicates interest in providing the at: http://ftateamweb.fta.dot.gov/Teamweb/ responsible for arbitration or litigation costs? CharterRegistration/ service, contacts the customer, and then fails A: FTA will pay for the presiding official QueryCharterReport.aspx. State Departments to provide a price quote to the customer? and the facility for the hearing, if necessary. of Transportation are responsible for filing A: If the requested service is 14 days or less Each party involved in the litigation is charter reports on behalf of its subrecipients away, a transit agency may step back in and responsible for its own litigation costs. that do not have access to TEAM. provide the service if the registered charter (58) Q: What affirmative defenses might be provider was the only one to respond available in the complaint process? (d) Registration and Notification (49 CFR affirmatively to the notice upon filing a Subpart C) A: An affirmative defense to a complaint complaint with FTA to remove the registered could state the applicability of one of the (44) Q: May a private provider register to charter provider from the FTA Charter exceptions such as 49 CFR Section 604.6, receive notice of charter service requests Registration Web site. If the complaint of which states that the service that was from all 50 States? ‘‘bad faith’’ negotiations is not sustained by provided was within the allowable 80 hours A: Yes. A private provider may register to FTA, the transit agency may face a penalty, of government official service. receive notice from all 50 States; however, a as determined by FTA. If the requested (59) Q: What can a transit agency do if it private provider should only register for service is more than 14 days away, and the believes that a registered charter provider is those states for which it can realistically transit agency desires to step back in, then not bargaining in good faith with a customer? originate service. upon filing a complaint alleging ‘‘bad faith’’ A: If a transit agency believes that a (45) Q: May a registered charter provider negotiations that is sustained by FTA, the registered charter provider is not bargaining select which portions of the service it would transit agency may step back in. in good faith with the customer, the transit like to provide? (51) Q: What happens if a transit agency agency may file a complaint to remove the A: No. A registered charter provider may entered into a contract to perform charter registered charter provider from FTA’s not ‘‘cherry pick’’ the service described in the service before the effective date of the final Charter Registration Web site. notice. In other words, if the e-mail rule? (60) Q: Does a registered charter provider notification describes service for an entire A: If the service described in the contract have to charge the same fare or rate as a football season, then a registered charter occurs after the effective date of the final public transit agency? provider that responds to the notice rule, the service must be in conformance A: No. A registered charter provider is not indicating it can provide only a couple of with the new charter regulation. under an obligation to charge the same fare weekends of service would be non- (52) Q: What if the service described in the or rate as public transit agency. A registered responsive to the e-mail notice. Public transit notice requires the use of park and ride lots charter provider, however, must charge agencies may, however, include several owned by the transit agency? commercially reasonable rates. individual charter events in the e-mail A: If the transit agency received Federal (61) Q: What actions can a private charter notification. Under those circumstances, a funds for those park and ride lots, then the operator take when it becomes aware of a registered charter provider may select from transit agency should allow a registered transit agency’s plan to engage in charter those individual events to provide service. charter provider to use those lots upon a service just before the date of the charter? (46) Q: May a transit agency include showing of an acceptable incidental use (the A: As soon as a registered charter provider information on ‘‘special requests’’ from the transit agency retains satisfactory continuing becomes aware of an upcoming charter event customer in the notice to registered charter control over the park and ride lot and the use that it was not contacted about, then it providers? does not interfere with the provision of should request an advisory opinion and cease A: No. A transit agency must strictly follow public transportation) and if the registered and desist order. If the service has already the requirements of 49 CFR Section 604.14, charter provider signs an appropriate use and occurred, then the registered charter provider otherwise the notice is void. A transit agency indemnification agreement. may file a complaint.

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(62) Q: When a registered charter provider (66) Q: What can a public transit agency do A: FTA views trolleys as buses. Thus, all indicates that there are no privately owned if there is a time sensitive event, such as a the privately owned buses must be engaged vehicles available for lease, must the public presidential inauguration, for which the in service and unavailable before a transit transit agency investigate independently transit agency does not have time to consult agency may lease its trolley. Alternatively, whether the representation by the registered with all the private charter operators in its the transit agency could enter into an charter provider is accurate? area? agreement with all registered charter A: No. The public transit agency is not A: 49 Section 604.11 provides a process to providers in its geographic service area to required to investigate independently petition the FTA Administrator for allow it to provide trolley charter services. whether the registered charter provider’s permission to provide service for a unique (71) Q: How does a transit agency enter representation is accurate unless there is and time sensitive event. A presidential into an agreement with all registered charter reason to suspect that the registered charter inauguration, however, is not a good example providers in its geographic service area? provider is committing fraud. Rather, the of a unique and time sensitive event. A A: A public transit agency should send an public transit agency need only confirm that presidential inauguration is an event with email notice to all registered charter the number of vehicles owned by all substantial advance planning and a transit providers of its intent to provide charter registered charter providers in the geographic agency should have time to contact private service. A registered charter provider must service area is consistent with the registered operators. If the inauguration also includes respond to the email notice either charter provider’s representation. ancillary events, the public transit agency affirmatively or negatively. The transit (63) Q: How will FTA determine the should refer the customer to the registration agency should also indicate in the email remedy for a violation of the charter list. notification that failure to respond to the regulations? (67) Q: Are body-on-van-chassis vehicles email notice results in concurrence with the A: Remedies will be based upon the facts classified as buses or vans under the charter notification. of the situation, including but not limited to, regulation? (72) Q: Can a registered charter provider the extent of deviation from the regulations A: Body-on-van-chassis vehicles are treated rescind its affirmative response to an email and the economic benefit from providing the as vans under the charter regulation. notification? charter service. See section 604.47 and (68) Q: When a new operator registers, may A: Yes. If after further consideration or a Appendix D for more details. change in circumstances for the registered (64) Q: Can multiple violations in a single recipients continue under existing charter provider, a registered charter provider finding stemming from a single complaint contractual agreements for charter service? may notify the customer and the transit constitute a pattern of violations? A: Yes. If the contract was signed before agency that it is no longer interested in A: Yes. A pattern of violations is defined the new private operator registered, the providing the requested charter service. At as more than one finding of unauthorized arrangement can continue for up to 90 days. that point, the transit agency may make the charter service under this part by FTA During that 90 day period, however, the decision to step back in to provide the beginning with the most recent finding of public transit agency must enter into an service. unauthorized charter service and looking agreement with the new registrant. If not, the (73) Q: What happens after a registered back over a period not to exceed 72 months. transit agency must terminate the existing charter provider submits a quote for charter While a single complaint may contain several agreement for all registered charter providers. services to a customer? Does the transit allegations, the complaint must allege more (69) Q: Must a public transit agency agency have to review the quote? than a single event that included continue to serve as the lead for events of unauthorized charter service in order to regional or national significance, if after A: Once a registered charter provider establish a pattern of violations. consultation with all registered charter responds affirmatively to an email providers, registered charter providers have notification and provides the customer a (f) Miscellaneous enough vehicles to provide all of the service commercially reasonable quote, then the (65) Q: If a grantee operates assets that are to the event? transit agency may not step back in to locally funded are such assets subject to the A. No. If after consultation with registered perform the service. A transit agency is not charter regulations? charter providers, there is no need for the responsible for reviewing the quote A: It depends. If a recipient receives FTA public transit vehicles, then the public transit submitted by a registered charter provider. funds for operating assistance or stores its agency may decline to serve as the lead and FTA recommends that a registered charter vehicles in a FTA-funded facility or receives allow the registered charter providers to work provider include in the quote an expiration indirect FTA assistance, then the charter directly with event organizers. Alternatively, date for the offer. the public transit entity may retain the lead regulations apply. The fact that the vehicle I was locally funded does not make the and continue to coordinate with event 4. Revise Appendix D to part 604 to recipient exempt from the charter organizers and registered charter providers. read as follows: regulations. If both operating and capital (70) Q: What happens if a customer Appendix D to Part 604—Table of funds are locally supplied, then the vehicle specifically requests a trolley from a transit Potential Remedies is not subject to the charter service agency and there are no registered charter regulations. providers that have a trolley? Remedy Assessment Matrix

EXTENT OF DEVIATION FROM REGULATORY REQUIREMENTS

Major Moderate Minor

Economic Benefit: Major ...... $25,000/violation to 20,000 ...... $19,999/violation to 15,000 ...... $14,999/violation to 11,000. Moderate ...... $10,999/violation to 8,000 ...... $7,999/violation to 5,000 ...... $4,999/violation to 3,000. Minor ...... $2,999/violation to 1,500 ...... 1,499/violation to 500 ...... $499/violation to 100.

FTA’s Remedy Policy (1) The nature and circumstances of the (4) The operating budget of the recipient; — This remedy policy applies to decisions by violation; (5) Such other matters as justice may the Chief Counsel, Presiding Officials, and (2) The extent and gravity of the violation require; and final determinations by the Administrator. (‘‘extent of deviation from regulatory requirements’’); — Remedy calculation is based on the (3) The revenue earned (‘‘economic following elements: benefit’’) by providing the charter service;

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(6) Whether a recipient provided service Issued this 24th day of July, 2008. described in a cease and desist order after James S. Simpson, issuance of such order by the Chief Counsel. Administrator. [FR Doc. E8–17487 Filed 7–31–08; 8:45 am] BILLING CODE 4910–57–P

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Proposed Rules Federal Register Vol. 73, No. 149

Friday, August 1, 2008

This section of the FEDERAL REGISTER • Hand Delivery: U.S. Department of substantive verbal contact we receive contains notices to the public of the proposed Transportation, Docket Operations, M– about this proposed AD. issuance of rules and regulations. The 30, West Building Ground Floor, Room Discussion purpose of these notices is to give interested W12–140, 1200 New Jersey Avenue, SE., persons an opportunity to participate in the Washington, DC 20590, between 9 a.m. The FAA has examined the rule making prior to the adoption of the final rules. and 5 p.m., Monday through Friday, underlying safety issues involved in fuel except Federal holidays. tank explosions on several large For service information identified in transport airplanes, including the DEPARTMENT OF TRANSPORTATION this AD, contact Boeing Commercial adequacy of existing regulations, the Airplanes, Long Beach Division, 3855 service history of airplanes subject to Federal Aviation Administration Lakewood Boulevard, Long Beach, those regulations, and existing California 90846, Attention: Data and maintenance practices for fuel tank 14 CFR Part 39 Service Management, Dept. C1–L5A systems. As a result of those findings, we issued a regulation titled ‘‘Transport [Docket No. FAA–2008–0736; Directorate (D800–0024). Identifier 2008–NM–102–AD] Airplane Fuel Tank System Design Examining the AD Docket Review, Flammability Reduction and RIN 2120–AA64 You may examine the AD docket on Maintenance and Inspection Requirements’’ (66 FR 23086, May 7, Airworthiness Directives; McDonnell the Internet at http:// www.regulations.gov; or in person at the 2001). In addition to new airworthiness Douglas Model DC–9–14, DC–9–15, standards for transport airplanes and and DC–9–15F Airplanes, and DC–9– Docket Management Facility between 9 a.m. and 5 p.m., Monday through new maintenance requirements, this 20, DC–9–30, DC–9–40, and DC–9–50 rule included Special Federal Aviation Series Airplanes Friday, except Federal holidays. The AD docket contains this proposed AD, the Regulation No. 88 (‘‘SFAR 88,’’ AGENCY: Federal Aviation regulatory evaluation, any comments Amendment 21–78, and subsequent Administration (FAA), DOT. received, and other information. The Amendments 21–82 and 21–83). Among other actions, SFAR 88 ACTION: Notice of proposed rulemaking street address for the Docket Office requires certain type design (i.e., type (NPRM). (telephone 800–647–5527) is in the ADDRESSES section. Comments will be certificate (TC) and supplemental type SUMMARY: We propose to adopt a new available in the AD docket shortly after certificate (STC)) holders to substantiate airworthiness directive (AD) for certain receipt. that their fuel tank systems can prevent ignition sources in the fuel tanks. This McDonnell Douglas airplanes listed FOR FURTHER INFORMATION CONTACT: requirement applies to type design above. This proposed AD would require William S. Bond, Aerospace Engineer, holders for large turbine-powered installing a dam assembly for the Propulsion Branch, ANM–140L, FAA, transport airplanes and for subsequent container of the fuel boost pump of the Los Angeles Aircraft Certification modifications to those airplanes. It center tank located in the right main Office, 3960 Paramount Boulevard, requires them to perform design reviews tank, and doing the related investigative Lakewood, California 90712–4137; and to develop design changes and actions, and corrective actions if telephone (562) 627–5253; fax (562) maintenance procedures if their designs necessary. This proposed AD results 627–5210. from fuel system reviews conducted by do not meet the new fuel tank safety the manufacturer. We are proposing this SUPPLEMENTARY INFORMATION: standards. As explained in the preamble AD to prevent the center tank fuel boost Comments Invited to the rule, we intended to adopt pump from operating in a fuel vapor airworthiness directives to mandate any zone and becoming a potential ignition We invite you to send any written changes found necessary to address source in the right main tank, relevant data, views, or arguments about unsafe conditions identified as a result potentially resulting in a fuel tank this proposed AD. Send your comments of these reviews. explosion and consequent loss of the to an address listed under the In evaluating these design reviews, we airplane. ADDRESSES section. Include ‘‘Docket No. have established four criteria intended FAA–2008–0736; Directorate Identifier to define the unsafe conditions DATES: We must receive comments on 2008–NM–102–AD’’ at the beginning of associated with fuel tank systems that this proposed AD by September 15, your comments. We specifically invite require corrective actions. The 2008. comments on the overall regulatory, percentage of operating time during ADDRESSES: You may send comments by economic, environmental, and energy which fuel tanks are exposed to any of the following methods: aspects of this proposed AD. We will flammable conditions is one of these • Federal eRulemaking Portal: Go to consider all comments received by the criteria. The other three criteria address http://www.regulations.gov. Follow the closing date and may amend this the failure types under evaluation: instructions for submitting comments. proposed AD because of those Single failures, single failures in • Fax: 202–493–2251. comments. combination with a latent condition(s), • Mail: U.S. Department of We will post all comments we and in-service failure experience. For all Transportation, Docket Operations, M– receive, without change, to http:// four criteria, the evaluations included 30, West Building Ground Floor, Room www.regulations.gov, including any consideration of previous actions taken W12–140, 1200 New Jersey Avenue, SE., personal information you provide. We that may mitigate the need for further Washington, DC 20590. will also post a report summarizing each action.

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We have determined that the actions the U.S. operators to be $570,766 or PART 39—AIRWORTHINESS identified in this AD are necessary to $932,141, or $1,382 or $2,257 per DIRECTIVES reduce the potential of ignition sources product, depending on configuration of inside fuel tanks, which, in combination the airplane. 1. The authority citation for part 39 with flammable fuel vapors, could result continues to read as follows: Authority for This Rulemaking in fuel tank explosions and consequent Authority: 49 U.S.C. 106(g), 40113, 44701. loss of the airplane. Title 49 of the United States Code § 39.13 [Amended] The manufacturer has found that a specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by adding potential ignition source may occur in rules on aviation safety. Subtitle I, the following new AD: the boost pump container of the center section 106, describes the authority of fuel tank located in the right main tank. the FAA Administrator. ‘‘Subtitle VII: McDonnell Douglas: Docket No. FAA–2008– When the center fuel tank level is low, Aviation Programs,’’ describes in more 0736; Directorate Identifier 2008–NM– fuel from the boost pump container of detail the scope of the Agency’s 102–AD. the center fuel tank is drained allowing authority. Comments Due Date pumps to operate in a fuel vapor zone. We are issuing this rulemaking under (a) We must receive comments by Installing a dam in the boost pump September 15, 2008. container of the center fuel tank raises the authority described in ‘‘Subtitle VII, the retained fuel level in the container, Part A, Subpart III, Section 44701: Affected ADs keeping the boost pumps and General requirements.’’ Under that (b) None. section, Congress charges the FAA with connectors submerged in fuel. When the Applicability center fuel tank level is low, this promoting safe flight of civil aircraft in (c) This AD applies to McDonnell Douglas condition, if not corrected, could cause air commerce by prescribing regulations for practices, methods, and procedures Model DC–9–14, DC–9–15, DC–9–15F, DC– a potential ignition source if a pump 9–21, DC–9–31, DC–9–32, DC–9–32 (VC–9C), motor case or connector burn through the Administrator finds necessary for safety in air commerce. This regulation DC–9–32F, DC–9–33F, DC–9–34, DC–9–34F, occurred, resulting in a fuel tank DC–9–32F (C–9A, C–9B), DC–9–41, and DC– explosion and consequent loss of the is within the scope of that authority 9–51 airplanes, certificated in any category; airplane. because it addresses an unsafe condition as identified in Boeing Service Bulletin DC9– that is likely to exist or develop on 28–216, dated March 18, 2008. Relevant Service Information products identified in this rulemaking Unsafe Condition We have reviewed Boeing Service action. (d) This AD results from fuel system Bulletin DC9–28–216, dated March 18, Regulatory Findings reviews conducted by the manufacturer. We 2008. The service bulletin describes are issuing this AD to prevent the center tank procedures for installing a dam We determined that this proposed AD fuel boost pump from operating in a fuel assembly for the container of the fuel would not have federalism implications vapor zone and becoming a potential ignition boost pump of the center tank located in under Executive Order 13132. This source in the right main tank, potentially the right main tank and doing the proposed AD would not have a resulting in a fuel tank explosion and related investigative and applicable substantial direct effect on the States, on consequent loss of the airplane. corrective actions. The related the relationship between the national Compliance investigative action is doing a leak Government and the States, or on the (e) Comply with this AD within the check on the installation, and the distribution of power and compliance times specified, unless already applicable corrective action is responsibilities among the various done. reapplying sealant to repair any leak levels of government. Install Dam Assembly detected. For the reasons discussed above, I (f) Within 60 months after the effective FAA’s Determination and Requirements certify this proposed regulation: date of this AD, install a dam assembly for of This Proposed AD 1. Is not a ‘‘significant regulatory the container of the fuel boost pump of the We are proposing this AD because we action’’ under Executive Order 12866, center tank located in the right main tank, and do the related investigative and evaluated all relevant information and 2. Is not a ‘‘significant rule’’ under the applicable corrective actions, by determined the unsafe condition DOT Regulatory Policies and Procedures accomplishing all the actions specified in the described previously is likely to exist or (44 FR 11034, February 26, 1979), and Accomplishment Instructions of Boeing develop in other products of these same 3. Will not have a significant Service Bulletin DC9–28–216, dated March type designs. This proposed AD would economic impact, positive or negative, 18, 2008. Do the applicable corrective actions require accomplishing the actions on a substantial number of small entities before further flight. specified in the service information under the criteria of the Regulatory Alternative Methods of Compliance described previously. Flexibility Act. (AMOCs) Costs of Compliance You can find our regulatory (g)(1) The Manager, FAA, Los Angeles Aircraft Certification Office, ATTN: William We estimate that this proposed AD evaluation and the estimated costs of compliance in the AD Docket. S. Bond, Aerospace Engineer, Propulsion would affect 413 airplanes of U.S. Branch, ANM–140L, FAA, Los Angeles registry. We also estimate that it would List of Subjects in 14 CFR Part 39 Aircraft Certification Office, 3960 Paramount take about 3 or 7 work-hours per Boulevard, Lakewood, California 90712– product, depending on airplane Air transportation, Aircraft, Aviation 4137; telephone (562) 627–5253; fax (562) configuration, to comply with this safety, Safety. 627–5210; has the authority to approve proposed AD. The average labor rate is AMOCs for this AD, if requested using the The Proposed Amendment procedures found in 14 CFR 39.19. $80 per work-hour. Required parts (2) To request a different method of would cost $1,142 or $1,697 per Accordingly, under the authority compliance or a different compliance time product, depending on configuration of delegated to me by the Administrator, for this AD, follow the procedures in 14 CFR the airplane. Based on these figures, we the FAA proposes to amend 14 CFR part 39.19. Before using any approved AMOC on estimate the cost of this proposed AD to 39 as follows: any airplane to which the AMOC applies,

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notify your appropriate principal inspector determination by staff to deny Commission, Three Lafayette Centre, (PI) in the FAA Flight Standards District confidential treatment may be appealed 1155 21st Street, NW., Washington, DC Office (FSDO), or lacking a PI, your local to the Commission’s Office of General 20581. Electronic mail: FSDO. Counsel and that such an appeal will [email protected]. This document is also Issued in Renton, Washington, on July 23, stay release of the material. The available at http://www.regulations.gov. 2008. Commission believes these SUPPLEMENTARY INFORMATION: Ali Bahrami, amendments, by creating a separate Manager, Transport Airplane Directorate, confidential treatment review process I. Background Aircraft Certification Service. for filings under parts 40 and 41, will A. Overview [FR Doc. E8–17620 Filed 7–31–08; 8:45 am] enhance the Commission’s ability to Part 40 of the Commission’s BILLING CODE 4910–13–P provide the public with immediate regulations sets forth the standards and access to non-confidential information. procedures to be followed by registered The Commission received comments entities 3 for listing products for trading from three registered entities in COMMODITY FUTURES TRADING by certification to the Commission; response to the proposed rulemaking.2 COMMISSION voluntary submission of new products Two commenters expressed concerns for Commission review and approval; 17 CFR Parts 40, 41, and 145 with the amendments themselves and amendments to terms or conditions of questioned the adequacy of the RIN 3038–AC44 enumerated agricultural contracts; Commission’s explanation for proposing voluntary submission of rules for the changes. In response to those Confidential Information and Commission review and approval; and comments, the Commission has Commission Records and Information self-certification of rules by DCMs and determined to re-propose the DCOs. Part 41 of the regulations AGENCY: Commodity Futures Trading amendments to regulation 40.8 to: provides standards and procedures for Commission. clarify the procedure for seeking review filing required information with respect ACTION: Notice of proposed rulemaking, of an adverse determination; amend to security futures products. Although reproposal. appendix D to part 40 by adding to the much of the information required by submission cover sheet a box to be SUMMARY: On July 20, 2007, the parts 40 and 41 is made public by checked if confidential treatment is Commission published in the Federal statute, regulation or agency practice, requested for any part of the underlying Register a notice of proposed the Commission has observed an submission, in order to assist staff in rulemaking to amend the procedures increase over the past several years in efficiently and accurately posting under which designated contract the number of confidential treatment publicly available information on the markets (DCMs), derivatives clearing requests for filings submitted under Commission’s Web site; and amend organizations (DCOs), and derivatives these parts. Most, but not all of these Commission regulation 145.9(b) to transaction execution facilities (DTEFs) requests for confidential treatment have clarify that its procedures for requesting (collectively, ‘‘registered entities’’) may been submitted to the Commission in confidential treatment do not apply to request confidential treatment for connection with market maker and submissions filed under parts 40 and 41. products and rules submitted via other incentive programs (collectively, The Commission further intends in this certification procedures or for incentive programs).4 reproposal to more fully address its Commission review and approval under reasons for the proposed amendments B. Freedom of Information Act parts 40 and 41 of the Commission’s and to explain the distinction between regulations.1 Under the proposed Most requests for confidential the proposed procedure and the amendments to Commission regulation treatment are made pursuant to the procedures specified in regulation 40.8, registered entities filing product Freedom of Information Act, 5 U.S.C. 145.9. and rule submissions would follow a 552 (FOIA), which provides generally procedure separate from the customary DATES: Submit comments on or before that the public has a right of access to Freedom of Information Act (FOIA) September 2, 2008. Comments federal agency records except to the confidential treatment procedures previously submitted need not be extent such records, or portions of them, specified in Commission regulation resubmitted. are protected from disclosure by one or 145.9, 17 CFR 145.9. As proposed to be ADDRESSES: You may submit comments 3 A registered entity is defined in section 1a(29) amended, regulation 40.8(c) provided by any of the following methods: • of the Commodity Exchange Act (Act) as a DCM that: registered entities submitting Federal eRulemaking Portal: http:// under section 5 of the Act (including section 5f), a material under parts 40 and 41 would be www.regulations.gov. DTEF registered under section 5a of the Act, and • required to file a detailed written Mail/Hand Deliver: David Stawick, a DCO registered under section 5b of the Act. Secretary of the Commission, Section 5f of the Act, along with part 41 of the justification simultaneously with the Commission’s regulations, establishes requirements request for confidential treatment; Commodity Futures Trading for national securities exchanges, national securities registered entities submitting material Commission, Three Lafayette Centre, associations and alternative trading systems under parts 40 and 41 would be 1155 21st Street, NW., Washington, DC registered with the Securities and Exchange Commission to notice register with the Commission required to segregate material for which 20581. • in order to list security futures products (i.e., confidential treatment is requested in an E-mail: [email protected]. futures on a single equity security and futures on appendix to the submission; and FOR FURTHER INFORMATION CONTACT: narrow-based security indexes). Commission staff may make an initial Susan Nathan, Senior Special Counsel, 4 Incentive programs typically are created by a (202) 418–5133, Division of Market registered entity to increase volume of trading and determination to grant or deny liquidity for new product launches or in markets confidential treatment to such material Oversight, Commodity Futures Trading that for other reasons have low trading volume. In before receiving a request under the general, registered entities have requested FOIA. Regulation 40.8(c) is being 2 Letter dated August 20, 2007 from CME Group confidential treatment for the name of the market (CME); Letter dated August 20, 2007 from CBOE maker(s), the compensation arrangements provided reproposed to clarify that an initial Futures Exchange (CFE); Letter dated August 23, by the registered entity, trade priorities (i.e., 2007 from New York Mercantile Exchange, Inc. percentage of the order flow), and the bid/ask 1 72 FR 39764 (July 20, 2007). (NYMEX). spread level.

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more of nine exemptions.5 A registered processing requests for confidential supporting that request unless they entity requesting confidential treatment treatment of filings submitted under receive notice from the Commission that under the FOIA typically asserts that the parts 40 and 41 of the Commission’s it has received a FOIA request for that information submitted to the regulations. information.12 Those tensions are not Commission should be protected from present here. On the contrary, Congress II. The Proposed Amendments disclosure pursuant to FOIA exemption included in the Act’s core principles (b)(4), 5 U.S.C. 552(b)(4), because its A. Procedures for Requesting applicable to registered entities release will cause commercial or Confidential Treatment Under Parts 40 requirements that DCMs, DCOs and competitive harm to the submitter.6 and 41 DTEFs make certain information available to the public,13 and the C. The Commission’s Implementing The Commission is proposing to add Commission demonstrated its Regulations paragraph (c) to Commission regulation 40.8 to establish the exclusive commitment to transparency by All agencies subject to the FOIA are procedure to be followed by registered adopting a regulation describing the required to establish rules, procedures entities when requesting confidential types of information it considered and standards for implementing that 14 treatment for information required to be publicly available. In the statute.7 The Commission’s FOIA rules filed under parts 40 and 41.11 The Commission’s view, the FOIA does not are codified in part 145 of its Commission is also proposing to add protect public information, and the regulations. Commission regulation paragraph (d) to regulation 40.8 to make absence of a FOIA request should not be 145.9 sets forth the procedures for clear the circumstances under which permitted to delay or hinder its release requesting confidential treatment under requests for confidential treatment will of such information to the public. the FOIA for information furnished to not be considered. Under the new Accordingly, under proposed regulation the Commission and for challenging procedure, the request for confidential 40.8(c), Commission staff may adverse determinations of such requests. treatment and a detailed written immediately analyze the merits of a Under these provisions, a submitter justification must be filed detailed written justification and must make, at the time of submission, simultaneously with the submission, in balance the submitter’s interest in a written request for confidential the form and manner prescribed by confidentiality against the treatment which specifies the basis on Commission regulation 145.9(e). Commission’s interest in fostering which it believes confidential treatment Further, the material for which transparency. The Commission intends, is warranted. Unless and until a FOIA confidentiality is claimed must be and the re-proposed regulation clarifies, request is made for the material, separated from the remainder of the that the procedure described in however, no determination is made with submission and filed as an appendix. proposed regulation 40.8(c)(1) would respect to any request for confidential Proposed regulation 40.8(c) would expedite the release of information to treatment.8 When a FOIA request is permit Commission staff immediately to the public while continuing to afford a received, the submitter of the requested make an initial determination to grant or registered entity the opportunity to information is required to file a detailed deny confidential treatment rather than challenge the denial of a confidential written justification of the confidential deferring consideration until a FOIA treatment request. As re-proposed, treatment request.9 If staff initially request is received for the information, regulation 40.8(c) makes plain that the determines that the request should be and would allow the submitter to appeal registered entity may follow the denied, regulation 145.9 permits the an adverse decision to the Commission’s procedures outlined in the submitter to file an appeal of that initial Office of General Counsel in the manner Commission’s general FOIA regulation decision with the Commission’s Office prescribed by Commission regulation to appeal a staff denial of confidential of General Counsel. Likewise, if staff 145.9(g). Proposed regulation 40.8(c) treatment to the Commission’s Office of initially determines to grant the request 15 would not preclude reconsideration of a General Counsel. The re-proposed for confidential treatment, a subsequent confidential treatment decision made regulation further clarifies that a grant of FOIA requester may appeal that under this regulation if a request for the any part of a request for confidential decision to the Office of General material is subsequently made under the treatment may be reconsidered if a FOIA Counsel. request for the same material Commission regulation 145.9 also FOIA. In such circumstances, the process would be governed by the part subsequently is received by the permits the Commission to specify Commission. ‘‘alternative procedures’’ for ‘‘a 145 regulations. The FOIA addresses tensions between When a registered entity requests particular study, report, investigation, or the public’s interest in access to certain confidential treatment for an entire other matter.’’10 Consistent with that information and the government’s (or in submission filed under part 40 or 41, authority, the Commission is proposing some circumstances, the submitter’s) Commission staff frequently asks the to specify alternative procedures for interest in nondisclosure of sensitive entity to amend its original submission information. Accordingly, that statute by segregating out the material for 5 5 U.S.C. 552(b)(1)–(9). which it claims confidentiality so that 6 Exemption (b)(4) of the FOIA protects trade generally is triggered by a request for information from a member of the remaining materials can be made public secrets and commercial or financial information 16 obtained from a person that is privileged or public, and the Commission’s FOIA without delay. Registered entities confidential. See also Commission regulation regulation provides that submitters of 145.9(d)(ii). 12 See Commission regulation 145.9(e)(1), 17 CFR 7 The FOIA requires that each agency promulgate information who have properly 145.9(e)(1). regulations governing, inter alia, the methods requested confidential treatment need 13 See section 5(a)(7) (DCM Core Principle 7); whereby the public may obtain information, make not file a detailed written justification section 5b(2)(L) (DCO Core Principle L); and section submissions or obtain decisions as well as other 5a(d)(5) (DTEF Core Principle 5). substantive and procedural FOIA regulations. 5 11 The proposal also would add new regulations 14 See regulation 40.8(a). U.S.C. 552(a). 40.2(a)(3)(iv), 40.6(a)(3)(vi), 41.23(a)(7), and 15 See regulation 145.9(g), 17 CFR 145.9(g). 8 See 17 CFR 145.9(d)(10). 41.24(a)(6), and amend regulations 40.3(a)(7) and 16 The Commission’s policy is to provide public 9 The guidelines and standards for preparing and 40.5(a)(8) to direct the registered entity requesting availability of submission information by posting filing a detailed written justification are found in confidential treatment for submissions made under submissions filed under parts 40 and 41 on the Commission regulation 145.9(e). part 40 or 41 to follow the new procedures specified Commission’s Web site as efficiently and accurately 10 Commission regulation 145.9(b). in Commission regulation 40.8(c). as possible.

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generally have been receptive to these Commission staff routinely conduct and incentive information promptly on informal staff requests. Proposed trade interviews when reviewing novel the Commission’s Web site. The regulation 40.8(c)(2), which would instruments to ascertain the relative Commission believes that market require that material deemed susceptibility of a product to participants should have the confidential be segregated in an manipulation. To be meaningful, these opportunity to evaluate the appendix to the submission, would interviews require the release of the compensation structures of incentive codify this staff practice and enable the proposed instrument’s terms and programs since these arrangements may Commission to make plainly non- conditions.19 affect the quality of price quotations confidential material immediately The Commission wishes to ensure provided by market makers as well as available to the public while staff that registered entities are fully aware liquidity in the market. Because evaluates the registered entity’s claims that staff will summarily deny requests material of this kind routinely is made of confidentiality for the segregated for confidential treatment of information public, disclosure will not create a material. that is publicly-available pursuant to competitive disadvantage for any exchange.20 Incentive programs may, B. Public Availability of Terms and statute or regulation. Accordingly, the however, include information for which Conditions of Products and Mechanisms Commission proposes also to amend confidential treatment is appropriate. for Executing Transactions on or part 40 by adding new paragraph (d) to Commission staff has, for example, Through the Facilities of the Contract regulation 40.8 to provide that staff will withheld information relating to Market not consider requests for confidential treatment of information that is subject participant names, bid-ask spreads and As noted, substantial portions of the to section 5(d)(7) or regulations minimum size requirements of bid/ask material filed pursuant to parts 40 and 40.3(a)(7) and 40.5(a)(8). spreads because access to this 41 are required by statute to be made information could give an unfair publicly available by registered entities. C. Comments Received advantage to potential counterparties of Section 5(d)(7) of the Act—DCM Core In response to its original proposal, market makers as well as providing Principle 7—requires that the terms and the Commission received comment other markets with a competitive edge conditions of contracts and the letters from CME Group, CBOE Futures when setting up their own market maker mechanisms for executing transactions Exchange (CFE), and the New York programs and negotiating agreements on or through a DCM be made available Mercantile Exchange (NYMEX). These with potential market makers. In these by the DCM to market authorities, comments raised several related circumstances, the Commission believes market participants, and the public.17 concerns. that while incentive programs may Similarly, DTEF Core Principle 5 presumptively be public, those 1. Market Maker Programs and requires that boards of trade publicly programs may from time to time include Mechanisms for Executing Transactions disclose specified information, and Core commercially valuable information Principle L requires that DCOs make CFE generally supported proposed which may be entitled to protection. available to market participants regulation 40.8(c) but urged that it be Accordingly, summary denial of information concerning the rules and further amended to specify that the confidential treatment to all information operating systems of clearing and terms and conditions of market maker in incentive programs would be settlement systems. In 2004, the programs and other compensation and inappropriate. Commission added paragraph (a) to incentive plans will be denied NYMEX made a similar argument in regulation 40.8 to specify the portions of confidential treatment because they are connection with the Commission’s DTEF, DCO and DCM applications rules as defined in Commission determination not to process which are publicly available.18 regulation 40.1. The CME, on the other confidential treatment requests Furthermore, regulations 40.3(a)(7) hand, asserted that DCMs have a covering, inter alia, the mechanisms for and 40.5(a)(8) specify that a product’s legitimate commercial and competitive executing transactions on or through the terms and conditions are publicly interest in maintaining the facilities of the contract market. NYMEX available at the time of their submission. confidentiality of specific information claims that a trading tool could Product terms and conditions made about the contractual obligations of, and potentially qualify as proprietary publicly available at the time of incentives offered to, their market intellectual property for which a submission enable the Commission to makers. registered entity may seek protection obtain the views of market participants Market maker and incentive programs under patent or trademark laws. The and others to ascertain whether the are considered ‘‘rules’’ under Commission notes that mechanisms for proposed product would be readily Commission regulations and are executing transactions on or through the susceptible to manipulation or would presumptively public. Accordingly, it is facilities of a contract market are otherwise violate the Act. To this end, agency practice to post compensation required by statute to be made publicly available.21 The Commission also 17 Mechanisms for executing transactions 19 In cases of new products for which recognizes the importance to a generally include such information as trading Commission approval has been requested, the registered entity of protecting what it algorithms, market maker programs and information Commission generally intends to continue its long- believes to be commercially sensitive from an exchange’s rulebook that pertain to or standing practice of requesting public comment on impact trading. the terms and conditions by publication of notices 18 Publicly available portions include: in the Federal Register. Where notice in the Federal 20 As CFE observed, the Commission’s Office of Transmittal letter, proposed rules, the applicant’s Register is impracticable or otherwise unnecessary, General Counsel so reasoned in rejecting an regulatory compliance chart, documents notice of a submission for voluntary approval and exchange’s claim that its market maker information establishing the applicant’s legal status, and of the public availability of the proposed product’s was proprietary and protected under FOIA documents setting forth the applicant’s governance terms and conditions will be through the exemption (b)(4), which protects under certain structure. The Commission noted that regulation Commission’s internet Web site (http:// circumstances commercial or financial information 40.8(a) is not intended to limit the information that www.cftc.gov). The terms and conditions of where its release could cause competitive harm to may be released, but to specify the portions of an products eligible for trading by self-certification the submitter. Letter dated October 27, 2005 from application that are automatically public and will be available from the Commission at the time Office of General Counsel regarding Freedom of therefore would not be granted confidential that the exchange legally could commence trading: Information Act Nos. 05–0138 and 05–0139. treatment under any circumstances. 69 FR 67503 The beginning of the business day following 21 See Section 7(d)(8) of the CEA, 7 U.S.C. 7(d)(8) (Nov. 18, 2004). certification to the Commission. (DCM Core Principle 8).

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information, and invites public Commission’s responsibility to provide confidential treatment if a FOIA request comment with respect to specific types transparency with respect to certain is subsequently made for the material, of trading tools that should be given information exists separately from its the registered entity would be required consideration under a request for duty to implement the FOIA. The latter to submit a ‘‘new updated detailed confidential treatment. obligation is addressed by the written justification based on possible Commission’s part 145 regulations, changed circumstances at the time of 2. Limited Applicability of Proposed which deal with disclosure issues in the the appeal.’’ 25 Regulation to Registered Entities context of public requests for The Commission believes these In its comment letter, NYMEX information under the FOIA and are not concerns are unwarranted. If an appeal questioned why the proposed regulation necessarily relevant or useful outside were filed by a registered entity under singles out registered exchanges and that context. In contrast, while the procedures specified in proposed clearing organizations for the new registered entities’ interest in having regulation 40.8(c), no FOIA requester’s requirements, while other submitters of their part 40 and 41 submissions rights would be compromised, because information would continue to follow protected from disclosure may implicate the appeal would be based on staff’s the FOIA procedures in regulation 145.9 the FOIA, it is separately in tension initial determination to disclose the when requesting confidential treatment with their statutory responsibility to subject information prior to the filing of of submissions to the Commission. On make certain information publicly a FOIA request. Should a FOIA the contrary, the proposed rule does not available and with the Commission’s requester subsequently seek information target a specific group of submitters but commitment to providing transparency given confidential treatment under rather is directed toward specific where appropriate. It is this tension, not regulation 40.8(c), the process would be categories of submissions—those filed the filing of a FOIA request, that governed by FOIA regulation 145.9, and pursuant to parts 40 and 41—for which signifies ‘‘ripeness.’’ As discussed both the FOIA requester and the confidential treatment is frequently above, the Commission’s obligations are submitter would have the appeal rights claimed despite requirements in the in some instances statutory. In other provided by regulation 145.9. In these Commodity Exchange Act and circumstances, the Commission has circumstances, the Commission believes Commission regulations that those concluded as a matter of policy that that fairness requires that the registered submissions be made available to the public access information about entity be given an opportunity to update public. The harm to be remedied is the products and trading mechanisms its detailed written justification based frequently unwarranted delay in making generally outweighs the asserted right of on ‘‘possible changed circumstances at public information filed pursuant to a registered entity to keep its the time of the appeal’’ and to respond these regulations. When registered information confidential. Without the to specific arguments raised by the entities have occasion to submit other measures provided by the proposed requester. An updated detailed written types of information to the Commission, rulemaking, the Commission’s ability justification is not required, however, they would continue to follow the fully to consider the impact of a rule on and the registered entity may opt procedures provided in Commission the public would continue to be instead to rely on its original regulation 145.9 for requesting dependent on the filing of a FOIA justification. In such cases, the confidential treatment under the FOIA request to trigger the resolution of Commission’s decision would consider of those submissions. confidentiality and disclosure issues. the registered entity’s detailed written CME’s observation that such a request justification submitted under regulation 3. Relationship of the Proposed ‘‘is likely never to be received’’ 24 40.8(c) and the FOIA requester’s Procedures to the FOIA Process highlights the necessity for the proposed response to it, if any. Because the Other concerns raised by the regulation. The Commission frequently comments reflect some confusion in this commenters may spring from a has been hobbled in its efforts to make regard, the Commission proposes to misunderstanding of the relationship information public by confidential further amend proposed regulation between the proposed regulation and treatment requests which, while 40.8(c) to clarify that appeal rights and the FOIA. NYMEX, for example, appears perhaps not calculated to do so, can subsequent FOIA requests in which to believe that all confidentiality issues create a lengthy delay in the disclosure confidential treatment is an issue will arise in the context of the FOIA and of information the Commission believes continue to be governed by regulation must be made ‘‘ripe’’ by a FOIA should be publicly available. The 145.9. request.22 On the contrary, amendments we have proposed will Finally, the Commission is not confidentiality issues frequently arise permit the Commission to quickly persuaded by CME’s argument that the outside the scope of the FOIA and are resolve confidentiality issues in proposed regulation would impose resolved without reference to that connection with material submitted numerous costs on the Commission, statute.23 As noted above, the pursuant to parts 40 and 41. registered entities and FOIA requesters. In that regard, the CME questioned All of the purported costs and burdens 22 The CME similarly cites a perceived burden on the fairness of the proposed regulation, cited by the exchange appear to be Commission staff, which may be ‘‘inundated’’ with asserting that it would prejudice FOIA premised on its misunderstanding that detailed written justifications for every confidential treatment request where no FOIA request is requesters who would not have an issues of disclosure exist only in the pending. opportunity to respond to an appeal context of the FOIA and that their 23 The Commission notes that the SEC specifies under the procedures specified in the resolution prior to receipt of a FOIA one procedure for requesting confidential treatment proposal. Similarly, the exchange request would be premature as well as under the FOIA (17 CFR 200.83) and a separate expressed concern that because the duplicative. As discussed above, it is procedure where the FOIA is not implicated. (17 CFR 240.24b–2) The latter applies to such filings as Commission may reconsider a grant of the Commission’s view that its ability to registration statements, reports, applications, make information publicly available statements or other documents filed pursuant to the information is not triggered by a FOIA request, and cannot depend upon circumstances Securities Exchange Act of 1934. Like the rule a submitter objecting to an initial decision to deny outside its control—such as receipt of a proposed by the Commission, the SEC regulation confidential treatment may petition the SEC for requires that a written justification be submitted review of that decision. FOIA request. Further, the registered simultaneously with the filing. An initial decision 24 Letter dated August 20, 2007 from CME Group, to grant or disallow a request for nondisclosure of at 2 and 3. 25 Id. at 3.

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entity may choose not to assume the alternative procedure be utilized in from the standpoint of imposing costs or burden and cost, if any, of updating its connection with a particular study, creating benefits, on the financial original detailed written justification in report, investigation, or other matter. integrity or price discovery function of the event a subsequent FOIA request is The Commission proposes to amend the futures and options markets. received. The Commission nonetheless regulation 145.9(b) to reference the 4. Sound risk management practices. believes that fundamental fairness alternative procedure provided in The amendments being proposed herein dictates that the registered entity be regulation 40.8(c) for submissions filed should have no effect on the risk given the opportunity to do so. Finally, under parts 40 and 41. management practices of the futures and the exchange has not explained its claim options industry. III. Cost-Benefit Analysis that the proposed procedures would 5. Other public considerations. No disadvantage FOIA requesters, either Section 15(a) of the Act, as amended additional public considerations could financially or otherwise. by section 119 of the CFMA, requires be determined. the Commission to consider the costs After considering these factors, the D. Proposed Amendment to Appendix and benefits of its action before issuing Commission has determined to propose D—Submission Cover Sheet and a new regulation under the Act. By its the rules and rule amendments set forth Instructions terms, section 15(a) as amended does below. The Commission invites public In 2004, the Commission amended the not require the Commission to quantify comment on its application of the cost- part 40 and 41 regulations to specify the the costs and benefits of a new benefit provision. Commenters also are portions of DTEF, DCO and DCM regulation or to determine whether the invited to submit with their comment applications that are publicly available. benefits of a regulation outweigh its letters any data that they may have At that time, the Commission also costs. Rather, section 15(a) simply quantifying the costs and benefits of the added Appendix D to the part 40 requires the Commission to ‘‘consider proposal. regulations prescribing a Submission the costs and benefits’’ of its action. IV. Related Matters Cover Sheet to accompany all self- Section 15(a) of the Act further certified rules, self-certified products, specifies that costs and benefits shall be A. Regulatory Flexibility Act rules submitted for Commission evaluated in light of five broad areas of The Regulatory Flexibility Act (RFA), approval, notifications of rule market and public concern: Protection 5 U.S.C. 601 et seq. (2000), requires amendments, and non-material of market participants and the public; federal agencies, in proposing agricultural rule changes.26 To this end, efficiency, competitiveness, and regulations, to consider the impact of Appendix D included a copy of the financial integrity of futures markets; those regulations on small entities. The Submission Cover Sheet along with price discovery; sound risk management regulations proposed herein would step-by-step instructions for completing practices; and other public interest affect derivatives transaction execution and returning the form to the considerations. Accordingly, the facilities, designated contract markets, Commission. The cover sheet assists Commission could, in its discretion, and derivatives clearing organizations. Commission staff in preparing and give greater weight to any one of the five The Commission previously has maintaining the accuracy of the enumerated areas and could, in its determined that the foregoing entities submissions being published on the discretion, determine that, are not small entities for purposes of the Commission’s Web site. In order to alert notwithstanding its costs, a particular RFA.27 Accordingly, the Acting staff that a submission contains material regulation was necessary or appropriate Chairman, on behalf of the Commission, that should not be published, the to protect the public interest or to hereby certifies pursuant to 5 U.S.C. Commission proposes to amend the effectuate any of the provisions or to 605(b) that the proposed regulations Submission Cover Sheet to include a accomplish any of the purposes of the will not have a significant economic prominently placed box to be checked Act. impact on a substantial number of small when confidential treatment is being The Commission is considering the entities. requested for any part of a submission costs and benefits of these proposed filed pursuant to part 40 or 41. The regulations in light of the specified B. Paperwork Reduction Act of 1995 Commission also proposes to amend provisions of section 15(a) of the Act: This proposed rulemaking contains Appendix D to part 40 to add an 1. Protection of market participants information collection requirements. As instruction to ensure that registered and the public. The proposed required by the Paperwork Reduction entities are fully aware that checking the amendments should have no effect on Act (PRA) of 1995, 44 U.S.C. 3504(h), ‘‘confidential treatment requested’’ box the Commission’s ability to protect the Commission has submitted a copy of on the Submission Cover Sheet in no market participants and the public. this section to the Office of Management way obviates the submitter’s 2. Efficiency and competition. The and Budget (OMB) for its review. responsibility to comply with the proposed amendments are expected to Collection of Information: Rules confidential treatment requirements benefit efficiency by making the non- Relating to part 40, Provisions Common established in proposed regulation confidential information from registered to DCMs, DTEFs and DCOs, OMB 40.8(c) and will not substitute either for entity submissions available to the Control Number 3038–0022. notice or for full compliance with those public in a more timely manner. The The expected effect of the proposed requirements. Commission anticipates that the costs of amended regulations will be to increase compliance with the confidential the burden previously approved by E. Freedom of Information Act treatment procedures will be minimal. OMB for this collection of information Amendments The proposed amendments should have by 16 hours as it will result in the filing Commission regulation 145.9(b) no effect, from the standpoint of defines the scope of the Commission’s imposing costs or creating benefits, on 27 47 FR 18618, 18619 (April 30, 1982), confidential treatment regulations: Its competition in the futures and options discussing contract markets; 66 FR 42256, 42268 provisions apply only where the markets. (August 10, 2001), discussing exempt boards of trade, exempt commercial markets and derivatives Commission has not specified that an 3. Financial integrity of futures transaction execution facilities; 66 FR 45605, 45609 markets and price discovery. The (August 29, 2001), discussing derivatives clearing 26 69 FR 67503 (Nov. 18, 2004). amendments should have no effect, organizations.

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of approximately five additional pages OMB is required to make a decision (8) Include a request for confidential when a registered entity files a detailed concerning the collection of information treatment as permitted under the written justification and confidential contained in these proposed regulations procedures of § 40.8. appendix under Commission between 30 and 60 days after * * * * * Regulations 40.2, 40.4, 40.5, and 40.6. publication of this document in the 5. Section 40.6 is amended by adding The estimated burden was calculated Federal Register. This does not affect new paragraph (a)(3)(vi) to read as as follows: the deadline for the public to comment follows: Estimated number of respondents: 12. to the Commission on the proposed Annual responses by each regulations. Copies of the information § 40.6 Self-certification of rules by respondent: .30. collection submission to OMB are designated contract markets and registered derivatives clearing organizations. Total annual responses: 4. available from the CFTC Clearance Estimated average hours per response: Officer, 1155 21st Street, NW., (a) * * * 4. Washington, DC 20581, (202) 418–5160. (3) * * * Annual reporting burden: 16. (vi) A request for confidential Collection of Information: Rules List of Subjects treatment as permitted under the Relating to part 41, Security Futures 17 CFR Part 40 procedures of § 40.8. Products, OMB Control Number 3038– * * * * * 0059. Commodity futures, Contract markets, 6. Section 40.8 is amended by adding The expected effect of the proposed Designation application, Reporting and new paragraphs (c) and (d) to read as amended regulations will be to increase recordkeeping requirements. follows: the burden previously approved by 17 CFR Part 41 OMB for this collection of information § 40.8 Availability of public information. by 3.6 hours as it will result in the filing Security Futures. * * * * * of approximately five additional pages 17 CFR Part 145 (c) A registered entity’s filing of new when a registered entity files a detailed products under the self-certification Commission records and information. written justification and confidential procedures, new products for appendix under Commission For the reasons stated in the Commission review and approval, new regulations 41.23 and 41.24. preamble, the Commission proposes to rules and rule amendments for Estimated number of respondents: 3. amend 17 CFR parts 40, 41, and 145 as Commission review and approval, and Annual responses by each follows: new rules and rule amendments respondent: .30. submitted under the self-certification PART 40—PROVISIONS COMMON TO Total annual responses: .90. procedures will be treated as public CONTRACT MARKETS, DERIVATIVES Estimated average hours per response: information unless covered by a request TRANSACTION EXECUTION 4. for confidential treatment. If a registered FACILITIES AND DERIVATIVES Annual reporting burden: 3.6. entity files a request for confidential CLEARING ORGANIZATIONS Organizations and individuals treatment, the following procedures will desiring to submit comments on the 1. The authority citation for part 40 apply: information collection requirements continues to read as follows: (1) A detailed written justification of should direct them to the Office of the confidential treatment request must Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a, Information and Regulatory Affairs, be filed simultaneously with the request Office of Management and Budget, 8 and 12a, as amended by appendix E of Pub. L. 106–554, 114 Stat. 2763A–365. for confidential treatment. The form and Room 10202, New Executive Office content of the detailed written Building, 725 17th Street, NW., 2. Section 40.2 is amended by adding justification shall be governed by Washington, DC 20503; Attention: Desk paragraph (a)(3)(v) to read as follows: § 145.9(e) of this chapter; Officer for the Commodity Futures § 40.2 Listing Products for trading by (2) All material for which confidential Trading Commission. certification. treatment is requested must be In Compliance with the PRA, the (a) * * * segregated in an appendix to the Commission, through these proposed (3) * * * submission; regulations, solicits comments to: (1) (v) A request for confidential (3) The submission itself must Evaluate whether the proposed treatment as permitted under the indicate that material has been collection of information is necessary procedures of § 40.8. segregated and, as appropriate, redacted; for the proper performance of the (4) Commission staff may make an functions of the Commission, including * * * * * initial determination with respect to the 3. Section 40.3 is amended by revising whether the information will have a request for confidential treatment paragraph (a)(7) to read as follows: practical use; (2) evaluate the accuracy without regard to whether a request for of the Commission’s estimate of the § 40.3 Voluntary submission of new the information has been sought under burden of the proposed collection of products for Commission review and the Freedom of Information Act; information, including the validity of approval. (5) A submitter of information under the methodology and assumptions used; (a) * * * this Part may appeal an adverse (3) enhance the quality, usefulness, and (7) Include a request for confidential decision by staff to the Commission’s clarity of the information to be treatment as permitted under the Office of General Counsel. The form and collected; and (4) minimize the burden procedures of § 40.8. content of such appeal shall be of collecting information on those who * * * * * governed by § 145.9(g) of this chapter. are to respond, including through the 4. Section 40.5 is amended by revising (6) The grant of any part of a request use of appropriate automated electronic, paragraph (a)(8) to read as follows: for confidential treatment under this mechanical, or other technological section may be reconsidered if a collection techniques or other forms of § 40.5 Voluntary submission of rules for subsequent request under the Freedom information technology, e.g., permitting Commission review and approval. of Information Act is made for the electronic submission responses. (a) * * * information.

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(d) Commission staff will not consider § 145.9 Petition for confidential treatment located at 25 State Police Drive, West requests for confidential treatment of of information submitted to the Trenton, New Jersey. Driving directions information that is required to be made Commission. are available on the Commission’s Web public under Section 5(d)(7) of the Act * * * * * site—http://www.drbc.net. Please do not or Commission Regulations 40.3(a)(7) or (b) Scope. The provisions of this rely on Internet mapping services as 40.5(a)(8). section shall apply only where the they may not provide accurate 6. Appendix D is amended by adding Commission has not specified that an directions to the DRBC. alternative procedure be utilized in a new sentence to the end of section 8, FOR FURTHER INFORMATION, CONTACT: For connection with a particular study, ‘‘Other requirements,’’ to read as further information, please contact report, investigation, or other matter. follows: Pamela Bush, Commission Secretary See § 40.8 for procedures to be utilized and Assistant General Counsel, Appendix D to Part 40—Submission in connection with filing information Delaware River Basin Commission, at Cover Sheet and Instructions required to be filed pursuant to 17 CFR 609–883–9500 ext. 203. * * * * * parts 40 and 41. (8) Other requirements—* * * Checking * * * * * SUPPLEMENTARY INFORMATION: Persons the box marked ‘‘confidential treatment wishing to testify at the public hearing requested’’ on the Submission Cover Sheet Issued in Washington, DC on July 23, 2008, are asked to register in advance by does not obviate the submitter’s by the Commission. phoning Ms. Paula Schmitt at 609–883– responsibility to comply with all applicable David Stawick, 9500, ext. 224. requirements for requesting confidential Secretary of the Commission. treatment in Rule 40.8(c) and, where Written comments may be submitted [FR Doc. E8–17529 Filed 7–31–08; 8:45 am] appropriate, Rule 145.9, and will not as follows: If by e-mail, to substitute for notice or full compliance with BILLING CODE 6351–01–P [email protected]; if by fax, such requirements. to Commission Secretary at 609–883– * * * * * 9522; if by U.S. Mail, to Commission DELAWARE RIVER BASIN Secretary, DRBC, P.O. Box 7360, West PART 41—SECURITY FUTURES COMMISSION Trenton, NJ 08628–0360; or if by PRODUCTS overnight mail, to Commission 18 CFR Part 410 Secretary, DRBC, 25 State Police Drive, 7. The authority citation for part 41 West Trenton, NJ 08628–0360. In all Proposed Amendments to the Water continues to read as follows: cases, please include the commenter’s Code and Comprehensive Plan To Authority: Sections 206, 251 and 252, Pub. name, address and affiliation, if any, in Implement a Revised Water Audit L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f, the comment document and include Approach to Identify and Control Water 6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2). ‘‘Water Audit’’ in the subject line. Loss 8. Section 41.23 is amended by Background. An estimated 150 adding new paragraph (a)(7) to read as AGENCY: Delaware River Basin million gallons of treated and follows: Commission. pressurized water is physically lost from ACTION: Proposed rule; notice of public public water supply distribution § 41.23 Listing of security futures systems in the Delaware River Basin per products for trading. hearing. day and current methods to account for, (a) * * * SUMMARY: The Delaware River Basin track and reduce this loss are (7) Includes a request for confidential Commission (‘‘Commission’’ or inadequate. treatment as permitted under the ‘‘DRBC’’) will hold a public hearing to The purpose of the proposed procedures of § 40.8. receive comments on proposed amendments is to phase in a program * * * * * amendments to the Commission’s Water requiring water purveyors to perform a 9. Section 41.24 is amended by Code and Comprehensive Plan to phase water audit and report their findings in adding new paragraph (a)(6) to read as in a requirement for water purveyors to accordance with a new audit structure follows: follow a revised water audit approach to established by the American Water identify and control water loss. § 41.24 Rule amendments to security Works Association (AWWA) and the futures products. DATES: Comments: Written comments International Water Association (IWA). (a) * * * must be received by 5 p.m. October 3, These new methods are widely regarded (6) Includes a request for confidential 2008. as superior to the existing approach, treatment as permitted under the Meeting and public hearing: The which entails tracking ‘‘unaccounted for procedures of § 40.8. Commission will hold an informational water,’’ which is no longer considered meeting on Wednesday, September 10, best practice. * * * * * 2008 from 4 p.m. to 6 p.m. The The new water audit methodology PART 145—COMMISSION RECORDS Commission also will hold a public provides a rational approach that will AND INFORMATION hearing on Thursday, September 25, facilitate more consistent tracking and 2008 at the Commission’s office reporting than the existing approach 10. The authority for part 145 building. The hearing will begin at 1:30 allows. It will help water managers and continues to read as follows: p.m. and will continue until all those regulators, including the Commission, Authority: Pub. L. 99–570, 100 Stat. 3207; who wish to testify are afforded an state agencies, and utility managers, Pub. L. 89–554, 80 Stat. 383; Pub. L. 90–23, opportunity to do so. For more target their efforts to improve water 81 Stat. 54; Pub. L. 98–502, 88 Stat. 1561– information regarding the procedures supply efficiency, thereby reducing 1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93– for these hearings and comments, see water withdrawals. Improving water 463, 88 Stat. 1389 (5 U.S.C. 4a(j)); unless SUPPLEMENTARY INFORMATION. accountability will contribute to otherwise noted. ADDRESSES: The informational meeting achieving objective 1.3.C of the Water 11. Section 145.9 is amended by and public hearing will be held at the Resources Plan for the Delaware River revising paragraph (b) to read as follows: Commission’s office building, which is Basin, which calls for ensuring

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maximum feasible efficiency of water precise definitions and more rational supply distribution systems in the use across all sectors. accounting procedures that will result Basin. The Commission’s Water Management in a clearer understanding on the part of • Enhance utility revenues by Advisory Committee (WMAC), which utility managers and regulators of the enabling utility managers to recover the has taken primary responsibility for causes of water loss. The new methods significant revenue that is otherwise lost reviewing the proposed audit will thus facilitate targeted due to apparent losses such as theft of methodology and developing these improvements that reduce system water service, unbilled connections, meter amendments, is composed of demands, with region-wide benefits. discrepancies and data errors. representatives from a wide range of DRBC staff participated in the • Help utility managers and public and private sector organizations. development of water audit software regulators identify real losses (such as WMAC membership includes: Mr. based on the new accounting methods, leakage) that waste treated and Ferdows Ali, Environmental Scientist in an effort led by the AWWA Water pressurized water and increase with the New Jersey Department of Loss Control Committee (WLCC). operating costs. Significant real losses Agriculture; Ms. Janet L. Bowers, On March 16, 2005, after listening to indicate opportunities for improved Executive Director of the Chester a presentation outlining the benefits of asset management that can reduce the County Water Resources Authority; Mr. the new water accountability methods, vulnerability of utilities to disruptive Gerald Esposito, President of Tidewater the DRBC Commissioners asked DRBC water main breaks, other service Utilities; Mr. David Froehlich, of the staff and the WMAC to develop a disruptions and water quality upsets. Wissahickon Valley Watershed position statement and policy Because the water audit approach is Association; Mr. David Jostenski, Chief recommendations for the Commission relatively new in a regulatory context, of the Water Use Assessment Section of and to engage water purveyors in the the proposed amendments call for the Pennsylvania Department of Basin in a pilot study of the newly phased implementation. Until 2011, the Environmental Protection; Mr. Mark developed water audit software in order DRBC will promote the voluntary use of Hartle, of the Pennsylvania Fish & Boat to test the software and solicit feedback. the IWA/AWWA water audit program. Commission, Division of Environmental Six water purveyors from the During this period, information will be Services; Mr. Stewart Lovell, Supervisor Delaware River Basin were identified to gathered from within the Basin and of Water Allocations of the Delaware participate in the nationwide pilot nationwide to assist in the Department of Natural Resources and study. The comments and feedback establishment of performance indicators Environmental Control; Mr. John Mello, provided to AWWA led to for water loss, which ultimately will of Region II of the U.S. Environmental improvements in the software. In March replace the ‘‘unaccounted for water’’ Protection Agency; Mr. Bruno M. 2006, the software was approved by the targets. If approved, the proposed Mercuri, of Mercuri and Associates, AWWA WLCC and was posted on the amendments will require water Inc.; Dr. Joseph A. Miri, of the New AWWA Web site, where it is available purveyors to perform an annual water Jersey Department of Environmental at no charge to all users. Links to the audit conforming to the IWA/AWWA Protection, Water Supply Element; Mr. software are posted on the water methodology, beginning in calendar Robert Molzahn, of the Water Resources conservation page of the DRBC Web site: year 2012. Association of the Delaware River Basin; http://www.state.nj.us/drbc/policy.htm. The proposed amendments also Mr. Howard Neukrug, of the The WMAC and its subcommittee require changes in the way data Philadelphia Water Department; Ms. determined that the IWA/AWWA water pertaining to water loss are collected by Mary Ellen Noble, of the Delaware audit methodology represents an the state agencies and shared with Riverkeeper Network; Ms. Senobar improvement to the Commission’s DRBC. Safafar, of the New York City current practices and can lead to The text of the proposed Water Code Department of Environmental multiple benefits for water utilities and amendments is available on the DRBC Protection, Strategic Services Division, other stakeholders. It is anticipated that Web site, drbc.net. A copy can also be Bureau of Water Supply; Mr. Tom adoption of the IWA/AWWA approach obtained by contacting Paula Schmitt at Simms, Director of the Institute of Soil will: 609–883–9500, ext. 224. and Environmental Quality of the • Improve upon the traditional University of Delaware DGS Annex; Mr. approach for identifying ‘‘unaccounted Dated: July 28, 2008. Ronald A. Sloto, of the U.S. Geological for water,’’ which lacks standardized Pamela M. Bush, Survey, Water Resources Division; Ms. terminology and a clearly defined water Commission Secretary. Edith Stevens, of the League of Women audit structure. [FR Doc. E8–17661 Filed 7–31–08; 8:45 am] Voters; and Mr. Glen Stevens, of the • Provide a rational water audit BILLING CODE 6360–01–P U.S. Army Corps of Engineers. structure to help identify water losses On May 25, 2004, the WMAC and improve water supply system established a subcommittee to efficiency. RAILROAD RETIREMENT BOARD investigate the issue of water loss and • Provide meaningful performance water accountability in light of new indicators to help identify systems with 20 CFR Part 220 methods proposed by the American the greatest losses. These indicators Water Works Association (AWWA) and allow water utility managers to make RIN 3220–AB62 the International Water Association reliable comparisons of performance Removal of Listing of Impairments and (IWA). The subcommittee met on four and to identify best practices to control Related Amendments occasions to review the Commission’s water loss in an economical way. current policies concerning water loss • Identify ways to improve water AGENCY: Railroad Retirement Board and water accountability and to discuss supply efficiency and thereby reduce ACTION: Proposed rule. the new methods. The DRBC’s current water withdrawals that have no policies are based on the concept of beneficial end use. SUMMARY: The Railroad Retirement ‘‘unaccounted for water,’’ which is no • Help to target efforts to reduce the Board proposes to remove the Listing of longer considered best practice. The estimated 150 million gallons per day Impairments within our regulations. new methods are based upon more that is physically lost from public water The Board’s Listing of Impairments (the

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Listings) are out of date and no longer disability for one’s regular railroad claimant is disabled. It is this step that reflect advances in medical knowledge, occupation to insured employees who would be changed by these proposed treatments, and methods of evaluation. meet additional service requirements. amendments. If the claimant is not The proposed amendments will provide The Listing of Impairments is used in disabled based on medical factors alone, public notice as to how the Railroad the evaluation of claims based on the fourth step is to determine the Retirement Board will determine disability for benefits under the RRA. claimant’s residual functional capacity and whether his or her impairment(s) disability after removal of the Listings. How Is Disability Defined? DATES: Comments should be submitted prevents the performance of the on or before September 30, 2008. Disability under the RRA means that physical and mental demands of his or an otherwise qualified claimant is ADDRESSES: You may submit comments her past relevant work. If the claimant unable either to do his or her past identified by RIN number 3220–AB62, can still perform that work, then he or regular railroad occupation, or to do any by any of the following methods: she is not disabled. If he or she cannot, other regular work, as a result of a Federal eRulemaking Portal: http:// then the Board determines, at the fifth medically determinable physical or www.regulation.gov. Follow the step, whether there exists other work in mental impairment, or combination of instructions for submitting comments. the national economy which an Fax: (312) 751–3336. Mail: Beatrice impairments, expected to result in death individual of the claimant’s age, Ezerski, Secretary to the Board, Railroad or which has lasted or is expected to last education, work experience and for a continuous period of at least 12 Retirement Board, 844 Rush Street, residual functional capacity can be months. The difference in eligibility for Chicago, Illinois 60611. Hand Delivery/ expected to perform. If such work exists, an ‘‘occupational’’ disability or a Courier: Beatrice Ezerski, Secretary to disability is denied. Otherwise disability for any ‘‘regular work’’ is the Board, Railroad Retirement Board, disability is allowed. based on the employee’s years of service 844 Rush Street, Chicago, Illinois 60611. or age and his or her current connection What Is the Listing? FOR FURTHER INFORMATION CONTACT: to the railroad industry. The Listing of Impairments sets out Marguerite P. Dadabo, Assistant General the medical criteria used to determine How Is Disability Determined? Counsel, Railroad Retirement Board, whether a claimant’s impairment(s) is so 844 Rush Street, Chicago, Illinois 60611, The Board, in general, follows a severe that he or she is disabled based (312) 751–4945, TDD (312) 751–4701. sequential method of evaluating on medical factors alone. The listing is SUPPLEMENTARY INFORMATION: We disability which takes into currently considered at the first step of propose to remove and reserve the consideration the claimant’s current the sequence followed when evaluating entire Part A and Part B that comprise work activity, if any, and then considers a claimant’s disability for work in his or the Listing of Impairments (the all medical evidence. If a claimant her regular railroad occupation, as set Listings), as well as the introductory cannot be found to be disabled based on out in section 220.13 of the Board’s paragraphs, in Appendix 1 of part 220, medical factors alone, the Board then regulations, and at the third step of the Title 20, of the Board’s regulations. The considers vocational factors such as age, sequence followed when evaluating Listings are used to evaluate disability education and work experience. disability for any regular work, as set under the Railroad Retirement Act The five steps used to evaluate out in section 220.100. The listing is in (RRA). When the Listings were disability for any regular employment two parts. Part A lists the criteria used originally published on March 28, 1991 under the Act, set out in section 220.100 to evaluate impairments of individuals (56 FR 12980), they conformed to the of the Board’s regulations, parallel the age 18 or older. Part B lists the criteria criteria used to evaluate disability under steps in section 404.1520 of the used to evaluate the impairments of the Social Security Act. The basis for regulations of the Social Security children under age 18. Each part of the this conformity is that disability for any Administration used to determine listing is organized by body systems, ‘‘regular work’’ under the RRA is disability for a period of disability, and each body system has an defined by reference as an inability to disability insurance benefits, child’s introductory text explaining types of engage in any ‘‘substantial gainful insurance benefits based on disability evidence and other factors to be activity’’ as that term is used in the and widow(er)’s insurance benefits considered when evaluating the medical Social Security Act, and courts have based on disability for months after documentation of impairments of that held that disability for ‘‘regular 1990. body system for disability. The employment’’ as that term is used in the The first step of that sequence is to introductory text is followed by a list of RRA has the same meaning as disability determine if the claimant is working impairments and the specific medical for ‘‘substantial gainful activity’’ as that and if so, if that work is substantial criteria which must be met or equaled term is used in the Social Security Act. gainful activity (SGA). If it is, then the for that impairment to be so severe that See, for example, Peppers v. Railroad claimant is not disabled, regardless of it precludes the performance of any Retirement Board, 728 F.2d 404 (7th Cir. his or her impairments. If the claimant regular work. 1984). For this reason, many of the is not working in SGA, the second step Board’s regulations used to determine is to evaluate the medical severity of the How Is the Listing Used? disability parallel the regulations of the impairment or combined impairments. The Board currently uses the listing to Social Security Administration in If the impairment(s) is not so severe that decide whether an individual is subpart P, part 404 of title 20 it significantly limits the claimant’s disabled or is still disabled. A claimant [Determining Disability and Blindness]. ability to do basic work activities, the who is not working for an employer claim is denied. If it does, and the covered under the Act and who is not What Programs Would the Proposed impairment(s) has lasted or is expected doing work that is substantial gainful Rule Affect? to last for at least 12 months, or is activity, will be found to be disabled if The Board pays benefits based on expected to result in death, the third his or her impairment(s) meets or equals disability for any regular work to step is to determine whether the the medical criteria of a listed insured employees, surviving spouses impairment(s) meets or is medically impairment. and surviving children disabled prior to equal to an impairment listed in The listing is not used to deny a claim age 22, as well as benefits based on appendix 1 of that part. If so, the of disability. If a claimant’s

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impairment(s) is severe, but does not listed in the Board’s regulations for use approach would be to remove and meet or medically equal any of the in determining disability based on reserve the entire Appendix 1 to Part impairments in the listing, the medical factors alone no longer conform 220—Listing of Impairments, parts A evaluation process continues on the with the criteria followed by SSA. and B, and to replace references in Part basis of vocational factors such as the 220 of the Board’s regulations to How Does This Proposed Rule Address ability to perform past work, age, disability based on an impairment listed That Problem? education, and past work experience. in the Listing of Impairments with rules The listing is also not used to determine This proposed rule would re-establish that describe when the Board will find that disability has ended because an consistency in the evaluation of that a claimant is ‘‘medically disabled.’’ individual’s impairment(s) no longer impairments of individuals under both A definition of the term ‘‘medically meets or equals a listed impairment, or Acts. The Board has determined that disabled’’ to mean disability based because the listing or its medical criteria even regular updating of its Listings solely on impairment(s), which are has changed. If a listing changes and would result in only temporary considered to be so medically severe as entitlement was based on the conformity with the criteria in SSA’s to prevent a person from doing any individual’s impairment(s) having met Listing of Impairments. This is because substantial gainful activity, will be set or equaled a listed impairment, the SSA’s medical listing rules for each out in amended § 220.110(a), with Board will continue to use the criteria body system contains a sunset provision § 220.110 also discussing the evidence of the listing in effect at the time of the of four to eight years in length, to ensure that will be used by the Board in making last favorable decision when conducting that the criteria used to determine that determination. a review for continuing disability. If the disability reflects changes brought about It is not the Board’s intent in individual’s condition is found to have by continual advancements in medical removing Appendix I to change or improved to where his or her knowledge, treatments and methods of nullify any administrative ruling or impairment(s) no longer medically evaluation. opinion of the Board’s General Counsel meets or equals the prior listing, the Furthermore, the Board is prohibited presently applicable in determining Board must determine whether the by regulation from incorporating by whether an impairment is medically medical improvement is related to the reference the regulations of the Social disabling. Section 220.100(b)(3), the individual’s ability to work, and will Security Administration or any other third step in evaluating a claim for consider all circumstances of the case agency. Section 21.21 of the regulations disability for any regular employment, before deciding whether the individual issued by the Administrative Committee is amended to Impairment(s) medically is currently disabled. of the Federal Register (composed of the disabling, and will be based, in part, on What Problem Does This Proposed Rule Archivist of the United States, an officer ‘‘whether the severity of the Address? of the Department of Justice designated impairment(s) would fall within any of by the Attorney General, the Public the impairments included in the Listing When the Board last published final Printer, and the Director of the Federal rules for the listing on March 28, 1991 of Impairments as issued by the Social Register) provides that: Security Administration and as (56 FR 12980), it contained the same (c) Each agency shall publish its own amended from time to time (20 CFR part medical criteria as were then in the regulations in full text. Cross-references 404, Subpart P, Appendix 1) or whether regulations of the Social Security to the regulations of another agency may the impairment(s) meet such other Administration at Parts A and B of the not be used as a substitute for criteria which the agency by Listing of Impairments in Appendix 1 to publication in full text, unless the Office administrative ruling of general Subpart P, Part 404 of Title 20. This is of the Federal Register finds that the applicability has determined to be because disability for ‘‘regular regulation meets any of the following medically disabling.’’ Reference to the employment’’ as that term is used in the exceptions: RRA, has been held to have the same (1) The reference is required by court guidelines in § 220.100(b)(3) have been meaning as disability for ‘‘substantial order, statute, Executive order or added to § 220.13(a), the first step when gainful activity’’ as that term is used in reorganization plan. evaluating a claim for occupational the Social Security Act. As such, the (2) The reference is to regulations disability. Section 220.61(c)(4) has been criteria used by the Board to determine promulgated by an agency with the revised to explain that the elements of whether a claimant’s impairment(s) is exclusive legal authority to regulate in a complete examining physician’s report medically so severe that it prevents any a subject matter area, but the referencing will be based in part on the results of regular work at the third step of agency needs to apply those regulations testing performed as stated in the evaluation for disability under the RRA, in its own programs. Board’s directions. Section 220.111, should essentially be the same as the (3) The reference is informational or which had discussed medical standards used at the third step of improves clarity rather than being equivalence, when a listed impairment evaluating disability for any substantial regulatory. did not meet the requirements set forth gainful activity under Title II of the (4) The reference is to test methods or in the Listing of Impairments, has been Social Security Act. Since 1991, consensus standards produced by a removed and reserved as no longer however, SSA has amended its Listing Federal agency that have replaced or relevant to the determination of of Impairments to reflect advances in preempted private or voluntary test disability under the Railroad Retirement medical knowledge, treatments and methods or consensus standards in a Act. Reference to that section has been methods of evaluation. Amendments subject matter area. removed from § 220.114(d)(3). The include the addition of a 14th body (5) The reference is to the Department Board will continue to follow the system; the renaming of body systems; level from a subagency. (1 CFR guidelines on medical equivalence set the expansion of introductory texts; the 21.21(c)). forth in the regulations of the Social removal or addition of listed The Listing of Impairments does not Security Administration at 20 CFR impairments from body systems; and fall within any of the exceptions listed 404.1526 when determining if a changes in the specific medical criteria in section 21.21(c). claimant is disabled under the Social needed to meet some impairments. As a The Board has therefore decided that Security Act for Medicare entitlement. result, the impairments and criteria the most efficient and cost effective References to impairment(s), which

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medically meet and/or equal the occupation without considering the relevant work, the Board will follow severity of impairments in the Listing of duties of his or her regular occupation. paragraph (b)(5) of this section. Impairments, have been revised to refer * * * * * * * * * * to impairment(s) that is medically 3. In § 220.61, revise paragraph (c)(4) 5. In § 220.101, revise paragraphs disabling in §§ 220.100(b)(4); to read as follows: (c)(2) and (c)(3) to read as follows: 220.101(c)(2); 220.101(c)(3); 220.112(e); 220.114(d)(2); 220.120(e); 220.177(c); § 220.61 Informing the examining § 220.101 Evaluation of mental impairments. 220.177(d)(1); 220.178(c)(1); physician or psychologist of examination 220.178(c)(3); 220.179(a)(4)(iii); scheduling, report content and signature * * * * * 220.180(b); and 220.180(c). Reference to requirements. (c) * * * the Listing as the source of information * * * * * (2) If the claimant’s mental on new or improved medical techniques (c) * * * impairment(s) is severe, the Board must considered when determining whether (4) The results of laboratory and other then determine if it is medically disabling using the Board’s prior an annuitant is still disabled has been tests (e.g., x-rays) performed according conclusions based on this procedure removed, as if an annuitant is found to to the requirements stated in the Board’s (i.e., the presence of certain medical be no longer disabled for that reason, directions to the examining physician or findings considered by the Board as that finding will be explained to the psychologist. especially relevant to a claimant’s annuitant when such a determination is * * * * * ability to work and the Board’s rating of made. Reference to the Listings has been 4. In § 220.100, revise paragraphs functional loss resulting from the removed from § 220.179(a)(4)(i). A (b)(3) and (b)(4) to read as follows: mental impairment(s)). spelling error is corrected in § 220.181, (3) If the claimant has a severe and the criteria in examples of § 220.100 Evaluation of disability for any regular employment. impairment(s), but the impairment(s) is permanent impairments where medical not medically disabling, the Board will improvement is not expected have been * * * * * then do a residual functional capacity clarified in § 220.186. (b) * * * assessment for those claimants The Board, with the concurrence of (3) Impairment(s) is medically (employees, widow(er)s, and children) the Office of Management and Budget, disabling. If the claimant has an whose applications are based on has determined that this rule is not a impairment or a combination of disability for any regular employment significant regulatory action within the impairments which meets the duration under the Railroad Retirement Act. meaning of Executive Order 12866. requirement and which the Board finds Therefore, no regulatory impact analysis * * * * * is medically disabling, the Board will 6. Revise § 220.110 to read as follows: is required. find the claimant disabled without List of Subjects in 20 CFR Part 220 considering his or her age, education or § 220.110 Medically Disabled work experience. In determining (a)‘‘Medically disabled.’’ The term Railroad retirement, Disability whether an impairment or combination ‘‘medically disabled’’ refers to disability benefits. of impairments is medically disabling, based solely on impairment(s) which are PART 220—[AMENDED] the Board will consider factors such as considered to be so medically severe as the nature and limiting effects of the to prevent a person from doing any For the reasons set out in the impairment(s); the effects of the substantial gainful activity. The Board preamble, the Railroad Retirement treatment the claimant has undergone, will base its decision about whether the Board proposes to amend Title 20, is undergoing, and/or will continue to claimant’s impairment(s) is medically Chapter II, part 220, Determining undergo; the prognosis for the claimant; disabling on medical evidence only, Disability, as follows: medical records furnished in support of without consideration of the claimant’s 1. The authority citation for part 220 the claimant’s claim; whether the residual functional capacity, age, continues to read as follows: severity of the impairment(s) would fall education or work experience. The Authority: 45 U.S.C. 231a; 45 U.S.C. 231f. within any of the impairments included Board will also consider the medical in the Listing of Impairments as issued opinion given by one or more 2. In § 220.13, revise paragraph (a) to by the Social Security Administration physicians employed or engaged by the read as follows: and as amended from time to time (20 Board or the Social Security § 220.13 Establishment of permanent CFR part 404, Subpart P, Appendix 1); Administration to make medical disability for work in regular railroad or whether the impairment(s) meet such judgments. The medical evidence used occupation. other criteria which the agency by to establish a diagnosis or confirm the * * * * * administrative ruling of general existence of an impairment, and to (a) The Board evaluates the applicability has determined to be establish the severity of the impairment employee’s medically documented medically disabling. includes medical findings consisting of physical and mental impairment(s) to (4) Impairment(s) must prevent past signs, symptoms and laboratory determine if the employee is medically relevant work. If the claimant’s findings. The medical findings must be disabled. In order to be found medically impairment or combination of based on medically acceptable clinical disabled, the employee’s impairments impairments is not medically disabling, and laboratory diagnostic techniques. If must be severe enough to prevent a the Board will then review the the claimant has more than one person from doing any substantial claimant’s residual functional capacity impairment, but none of the gainful activity. The Board makes this (see § 220.120) and the physical and impairments, by themselves, is determination based on the guidelines mental demands of past relevant work medically disabling, the Board will set out in § 220.100(b)(3). If the Board (see § 220.130). If the Board determines review the signs, symptoms, and finds that an employee has an that the claimant is still able to do his laboratory findings of all of the impairment which is medically or her past relevant work, the Board will impairments to determine whether the disabling, it will find the employee find that he or she is not disabled. If the combination of impairments is disabled for work in his or her regular claimant is unable to do his or her past medically disabling. In general,

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impairments that the Board considers to (d) * * * a. Amend paragraph (c) by revising be medically disabling are: (2) Decision of whether impairment(s) the second paragraph of Example 2; and (1) Permanent; is medically disabling. The Board will b. Revise paragraph (d)(1) (2) Expected to result in death; or not substitute the claimant’s allegations The revisions read as follows: (3) Have a specific length of duration. of pain or other symptoms for a missing § 220.177 Terms and definitions. (b) Diagnosis of impairments. A or deficient sign or laboratory finding to diagnosis of a particular impairment is * * * * * raise the severity of the claimant’s (c) *** not sufficient for a finding of medical impairment(s) to that of being medically disability, unless the diagnosis is disabling. If the symptoms, signs, and Example 2: *** supported by medical findings that are laboratory findings of the claimant’s Medical improvement has occurred based on medically acceptable clinical because there has been a decrease in the impairment(s) are found by the Board to severity of the annuitant’s impairments as and laboratory techniques. be so severe as to prevent any shown by x-ray and clinical evidence of solid (c) Addiction to alcohol or drugs. If a substantial gainful activity, the Board union and his return to full weight-bearing. claimant has a condition diagnosed as will find the claimant disabled. If it This medical improvement is related to his addiction to alcohol or drugs, this does not, the Board will consider the ability to work because these findings no condition will not, by itself, be a basis impact of the claimant’s symptoms on longer support an impairment of the severity for determining whether the claimant is, the claimant’s residual functional of the impairment on which the finding that or is not, disabled. As with any other he was medically disabled was based (see capacity. (See paragraph (d)(3) of this § 220.178(c)(1)). Whether or not the medical condition, the Board will section.) annuitant’s disability is found to have ended decide whether the claimant is disabled (3) Impact of symptoms (including will depend on the Board’s determination as based on symptoms, signs, and pain) on residual functional capacity. If to whether he can currently engage in laboratory findings. the claimant has a medically substantial gainful activity. § 220.111 [Removed and Reserved] determinable severe physical or mental (d) * * * impairment(s), but the claimant’s (1) Under the law, disability is 7. Remove and reserve § 220.111. impairment(s) is not medically defined, in part, as the inability to do 8. In § 220.112, revise paragraph (e) disabling, the Board will consider the any regular employment by reason of a introductory text and Example 1 to read impact of the claimant’s impairment(s) physical or mental impairment(s). as follows: and any related symptoms, including ‘‘Regular employment’’ is defined in § 220.112 Conclusions by physicians pain, on the claimant’s residual this part as ‘‘substantial gainful concerning the claimant’s disability. functional capacity. (See § 220.120 of activity.’’ In determining whether the * * * * * this part.) annuitant is disabled under the law, the (e) Medical opinions that will not be 10. In § 220.120, revise paragraph (e) Board will measure, therefore, how and considered conclusive nor given extra to read as follows: to what extent the annuitant’s weight. The Board will not consider as impairment(s) has affected his or her § 220.120 The claimant’s residual ability to do work. The Board does this conclusive nor give extra weight to functional capacity. medical opinions which are not in by looking at how the annuitant’s * * * * * accord with the statutory or regulatory functional capacity for doing basic work standards for establishing disability. (e) Total limiting effects. When the activities has been affected. Basic work Thus, opinions that the individual’s claimant has a severe impairment(s), but activities means the abilities and impairments are medically disabling the claimant’s symptoms, signs, and aptitudes necessary to do most jobs. where the medical findings which are laboratory findings are not medically Included are exertional abilities such as the basis for that conclusion would not disabling, the Board will consider the walking, standing, pushing, pulling, support an impairment so severe as to limiting effects of all of the claimant’s reaching and carrying, and non- preclude any substantial gainful activity impairment(s), even those that are not exertional abilities and aptitudes such will not be conclusive nor given extra severe, in determining the claimant’s as seeing, hearing, speaking, weight. Likewise, an opinion(s) as to the residual functional capacity. Pain or remembering, using judgment, dealing individual’s residual functional capacity other symptoms may cause a limitation with changes in a work setting and which is not in accord with regulatory of function beyond that which can be dealing with both supervisors and requirements set forth in §§ 220.120 and determined on the basis of the fellow workers. The annuitant who has 220.121 will not be conclusive nor given anatomical, physiological or no impairment(s) would be able to do extra weight. psychological abnormalities considered all basic work activities at normal alone; e.g., someone with a low back levels; he or she would have an Example 1: A medical opinion states that disorder may be fully capable of the unlimited functional capacity to do a claimant is disabled based on blindness, physical demands consistent with those but findings show functional visual accuity basic work activities. Depending on its in the better eye, after best correction, of 20/ of sustained medium work activity, but nature and severity, an impairment(s) 100. That medical opinion would not be another person with the same disorder, will result in some limitation to the conclusive or given extra weight. because of pain, may not be capable of functional capacity to do one or more of * * * * * more than the physical demands these basic work activities. Diabetes, for 9. In § 220.114, remove paragraph consistent with those of light work example, can result in circulatory (d)(2), redesignate paragraphs (d)(3) and activity on a sustained basis. In problems which could limit the length (d)(4) as paragraphs (d)(2) and (d)(3), assessing the total limiting effects of the of time the annuitant could stand or and revise the newly redesignated claimant’s impairment(s) and any walk and can result in damage to his or paragraphs (d)(2) and (d)(3) to read as related symptoms, the Board will her eyes as well, so that the annuitant follows: consider all of the medical and non- also had limited vision. What the medical evidence, including the annuitant can still do, despite his or her § 220.114 Evaluation of symptoms, information described in § 220.114 of impairment(s), is called his or her including pain. this part. residual functional capacity. How the * * * * * 11. In § 220.177: residual functional capacity is assessed

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is discussed in more detail in § 220.120. functional capacity consistent with an adjudicator feels, however, that the Unless an impairment is so severe that allowance. annuitant’s impairment clearly is not it is deemed to prevent the annuitant medically disabling. Error cannot be found Example: The annuitant was previously because it would represent a substitution of from doing substantial gainful activity found to be disabled on the basis that while current judgment for that of the prior (i.e., the impairment(s) is medically his impairment was not medically disabling, adjudicator that the annuitant’s impairment disabling), it is this residual functional it did prevent him from doing his past or any was medically disabling. The exception for capacity that is used to determine other work. The prior adjudicator did not, error will not be applied retroactively under whether the annuitant can still do his or however, include a residual functional the conditions set out above unless the her past work or, in conjunction with capacity assessment in the rationale of that conditions for reopening the prior decision his or her age, education and work decision and a review of the prior evidence are met. does not show that such an assessment was experience, do any other work. * * * * * ever made. If a decrease in medical severity, 14. In § 220.180, revise paragraphs (b) * * * * * i.e., medical improvement, has occurred, the and (c) to read as follows: 12. In § 220.178, revise paragraphs residual functional capacity based on the (c)(1) and (c)(3) to read as follows: current level of severity of the annuitant’s § 220.180 Determining continuation or impairment will have to be compared with cessation of disability. § 220.178 Determining medical his residual functional capacity based on its improvement and its relationship to the prior severity in order to determine if the * * * * * annuitant’s ability to do work. medical improvement is related to his ability (b) If the annuitant is not engaging in substantial gainful activity, does he or * * * * * to do work. In order to make this comparison, she have an impairment or combination (c) * * * the Board will review the prior evidence and make an objective assessment of the of impairments which is medically (1) Previous impairment was annuitant’s residual functional capacity at disabling? If the annuitant’s medically disabling. If the Board’s most the time of its most recent favorable medical impairment(s) is medically disabling, recent favorable decision was based on determination, based on the symptoms, signs his or her disability will be found to the fact that the annuitant’s and laboratory findings as they then existed. continue; impairment(s) at that time was * * * * * (c) If the annuitant’s impairment(s) is medically disabling, an assessment of 13. In § 220.179, revise paragraphs not medically disabling, has there been his or her residual functional capacity (a)(3)(ii) introductory text, (a)(4)(i) medical improvement as defined in would not have been made. If medical introductory text, and the example § 220.177(a)? If there has been medical improvement has occurred and the following paragraph (a)(4)(iii) to read as improvement as shown by a decrease in severity of the prior impairment(s) is follows: medical severity, see step (d). If there supported by current medical findings, has been no decrease in medical the Board will find that the medical § 220.179 Exceptions to medical severity, then there has been no medical improvement. improvement was related to the improvement; (See step (e)); (a) * * * annuitant’s ability to work. If the * * * * * medical findings support impairment(s) (3) * * * that is currently so severe as to be (ii) How the annuitant will know § 220.181 [Amended] medically disabling, the annuitant is which methods are new or improved 15. In § 220.181 amend paragraph (i) deemed, in the absence of evidence to techniques and when they become by removing the word ‘‘not’’ and adding the contrary, to be unable to engage in generally available. The Board will let in its place the word ‘‘no’’. substantial gainful activity. If there has annuitants know which methods it 16. In § 220.186(c) amend the been medical improvement to the considers to be new or improved definition for ‘‘Permanent impairment, degree that the impairment(s) is not techniques and when they become medical improvement not expected’’ by currently medically disabling, then available. removing the phrase ‘‘§ 220.178(c)(4)’’ there has been medical improvement * * * * * and adding in its place the phrase related to the annuitant’s ability to (4) * * * ‘‘§ 220.178(c)(3)’’ and revise paragraphs work. The Board must, of course, also (i) Substantial evidence shows on its (c)(1) through (c)(3) to read as follows: establish that the annuitant can face that the decision in question should currently engage in gainful activity § 220.186 When and how often the Board not have been made (e.g., the evidence will conduct a continuing disability review. before finding that his or her disability in file such as pulmonary function has ended. study values was misread or an * * * * * (c) Definitions. As used in this adjudicative standard such as a * * * * * section—*** (3) Prior residual functional capacity medical/vocational rule in appendix 2 Permanent impairment medical assessment should have been made, but of this part was misapplied). improvement not expected—*** was not. If the most recent favorable * * * * * (1) Parkinsonian syndrome with medical decision should have contained (iii) * * * significant rigidity, brady kinesia, or an assessment of the annuitant’s Example: The annuitant was previously tremor in two extremities, which, singly residual functional capacity (i.e., his or found entitled to a disability annuity on the or in combination, result in sustained her impairment(s) was not medically basis of diabetes mellitus which the prior disturbance of gross and dexterous disabling) but does not, either because adjudicator believed was medically movements, or gait and station. this assessment is missing from the disabling. The prior record shows that the (2) Amyotrophic lateral sclerosis, annuitant’s file or because it was not annuitant has ‘‘brittle’’ diabetes for which he based on documentation of a clinically done, the Board will reconstruct the was taking insulin. The annuitant’s urine was appropriate medical history, residual functional capacity. This 3+ for sugar, and he alleged occasional hypoglycemic attacks caused by exertion. His neurological findings consistent with reconstructed residual functional doctor felt the diabetes was never really the diagnosis of ALS, and the results of capacity will accurately and objectively controlled because he was not following his any electrophysiological and assess the annuitant’s functional diet or taking his medication regularly. On neuroimaging testing. capacity to do basic work activities. The review, symptoms, signs and laboratory (3) Diffuse pulmonary fibrosis in an Board will assign the maximum findings are unchanged. The current individual age 55 or older which

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reduces FEV1 to 1.45 to 2.05 (L, BTPS) You may view copies of this notice, Signed: July 29, 2008. or less depending on the individual’s Notice No. 83, and any comments we John J. Manfreda, height. receive about Notice No. 83 at http:// Administrator. * * * * * www.regulations.gov. A direct link to [FR Doc. E8–17676 Filed 7–31–08; 8:45 am] the appropriate Regulations.gov docket Appendix 1 to Part 220—[Removed and BILLING CODE 4810–31–P Reserved] is available under Notice No. 83 on the TTB Web site at http://www.ttb.gov/ 17. Remove and reserve Appendix 1 spirits/spirits_rulemaking.shtml. You DEPARTMENT OF HEALTH AND to part 220—Listing of Impairments. also may view copies of this notice, HUMAN SERVICES Dated: July 23, 2008. Notice No. 83, and any comments we For The Board. receive about Notice No. 83 by Centers for Medicare & Medicaid Beatrice Ezerski, appointment at the TTB Information Services Secretary to the Board. Resource Center, 1310 G Street, NW., [FR Doc. E8–17333 Filed 7–31–08; 8:45 am] Washington, DC 20220. To make an 42 CFR Parts 405, 409, 410, 411, 414, BILLING CODE 7905–01–P appointment, call 202–927–2400. 415, 424, 485, and 486 FOR FURTHER INFORMATION CONTACT: [CMS–1403–CN] Daniel J. Hiland, Regulations and DEPARTMENT OF THE TREASURY Rulings Division, Alcohol and Tobacco RIN 0938–AP18 Alcohol and Tobacco Tax and Trade Tax and Trade Bureau, 1310 G Street Bureau NW., Suite 200–E, Washington, DC Medicare Program; Revisions to 20220; telephone 202–927–8176. Payment Policies Under the Physician Fee Schedule and Other Revisions to 27 CFR Part 19 SUPPLEMENTARY INFORMATION: On May 8, Part B for CY 2009; and Revisions to [Notice No. 86; Re: Notice No. 83; Docket 2008, the Alcohol and Tobacco Tax and No. TTB–2008–0004] the Amendment of the E-Prescribing Trade Bureau (TTB) published Notice Exemption for Computer Generated RIN 1513–AA23 No. 83, Proposed Revision of Distilled Facsimile Transmissions; Correction Spirits Plant Regulations, in the Federal Proposed Revision of Distilled Spirits Register (73 FR 26200). In that notice of AGENCY: Centers for Medicare & Plant Regulations (2001R–194P) proposed rulemaking, TTB requested Medicaid Services (CMS), HHS. public comment on its proposed AGENCY: Alcohol and Tobacco Tax and ACTION: Proposed rule; correction. Trade Bureau, Treasury. comprehensive revision of the regulations governing distilled spirits SUMMARY: This document corrects ACTION: Notice of proposed rulemaking; several technical and typographical extension of comment period. plants. The 90-day comment period for Notice No. 83, when published, was errors in the proposed rule that was SUMMARY: In response to an industry scheduled to close on August 6, 2008. issued on June 30, 2008 and appeared member request, the Alcohol and in the July 7, 2008 Federal Register (73 After publication of Notice No. 83, FR 38502). The proposed rule addressed Tobacco Tax and Trade Bureau extends TTB received a request from E. & J. the comment period for Notice No. 83, Medicare Part B payment policy, Gallo Winery to extend the comment including the physician fee schedule Proposed Revision of Distilled Spirits period for Notice No. 83 for an Plant Regulations, a notice of proposed (PFS) that is applicable for calendar year additional 120 days. Gallo, which rulemaking published in the Federal (CY) 2009. The proposed rule also operates three distilled spirits plants in Register on May 8, 2008, for an addressed refinements to relative value additional 90 days. California in addition to its wineries, units (RVUs) and physician self-referral noted in support of its request that it is issues. Specifically, the errors pertain to DATES: Written comments on Notice No. preparing for the upcoming harvest the following provisions: Practice 83 must now be received on or before expense, telehealth services, November 5, 2008. season, ‘‘the busiest and most important months of the year for our company.’’ competitive acquisition program (CAP), ADDRESSES: You may send comments on As a result, Gallo noted that it would be anti-markup provisions, and the Notice No. 83 to one of the following Physician Quality Reporting Initiative. addresses: difficult for the company to focus its • http://www.regulations.gov (via the attention on the complexities of the FOR FURTHER INFORMATION CONTACT: online comment form for this notice as proposed rule. Diane Milstead, (410) 786–3355. posted within Docket No. TTB–2008– In response to this request, TTB SUPPLEMENTARY INFORMATION: 0004 on Regulations.gov, the Federal e- extends the comment period for Notice I. Background rulemaking portal); or No. 83 for an additional 90 days, which • Mail: Director, Regulations and together with the original 90-day In FR Doc. E8–14949 (73 FR 38502), Rulings Division, Alcohol and Tobacco comment period will leave Notice No. the proposed rule entitled ‘‘Medicare Tax and Trade Bureau, P.O. Box 14412, 83 open to public comment for 6 Program; Revisions to Payment Policies Under the Physician Fee Schedule and Washington, DC 20044–4412; or months. We believe this time period • Other Revisions to Part B for CY 2009; Hand Delivery/Courier in lieu of will allow industry members and the Mail: Alcohol and Tobacco Tax and and Revisions to the Amendment of the public to fully consider the proposals Trade Bureau, 1310 G Street, NW., Suite E-Prescribing Exemption for Computer outlined in Notice No. 83. Therefore, 200–E, Washington, DC 20005. Generated Facsimile Transmissions’’ See the Public Participation section of comments on Notice No. 83 are now due (hereinafter referred to as the CY 2009 this notice for specific instructions and on or before November 5, 2008. PFS proposed rule), there were requirements for submitting comments, Drafting Information: Michael D. technical and typographical errors that and for information on how to request Hoover of the Regulations and Rulings are identified and corrected in this a public hearing. Division drafted this notice. correction notice.

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II. Summary of Errors On page 38569, in Table 11, we Randy Throndset, (410) 786–0131, for information concerning physician On page 38503, we are adding contact inadvertently omitted an asterisk on measure numbers 110 and 111 that certification and recertification for Medicare information for issues concerning home health services.’’ educational requirements for nurse inform the public that these proposed practitioners and clinical nurse PQRI measures were being proposed as 2. On page 38510, in the 2nd column, specialists, and physician certification measures that could be reported through line 1, the phrase ‘‘rate) * life of the and recertification for Medicare home electronic health records (EHR). equipment)))) +’’ is corrected to read health services. On pages 38569 and 38571, we are ‘‘rate) ** life of the equipment)))) +’’. On page 38510, in the formula for correcting the footnotes to Tables 11 and 3. On page 38518, in the 1st column; equipment cost per minute, we 13, respectively, to state these measures a. In the 1st full paragraph, line 22, inadvertently omitted an asterisk. are 1 of 17 measures for which data may the phrase ‘‘Chapter 15’’ is corrected to On page 38518, in the 1st column, we potentially be accepted through the EHR read ‘‘Chapter 12.’’ cited the incorrect chapter in the CMS mechanism in 2009. b. In the 2nd full paragraph, line 19, Internet-Only Medicare Claims On page 38576, we are correcting the the phrase ‘‘Chapter 15’’ is corrected to Processing Manual for more information language summarizing the current nurse read ‘‘Chapter 12.’’ concerning the instructions for the practitioner qualification standards. 4. On page 38525, in the 1st column, submission of interactive telehealth in the 2nd paragraph, line 16, the phrase claims. III. Correction of Errors On page 38525, we are correcting a ‘‘CAP has suspended’’ is corrected to typographical error that clarifies that In FR Doc. E8–14949 of July 7, 2008 read ‘‘CAP has been suspended.’’ participating CAP physicians whose (73 FR 38502), make the following 5. On page 38545, in the 2nd column; participation in the CAP has been corrections: in the 1st full paragraph, line 1, the suspended will not receive CAP drugs. 1. On page 38503, in the 1st column, phrase ‘‘On January 25, 2008’’ is On page 38545, we are correcting a after the 11th paragraph, add the corrected to read ‘‘On January 24, date cited in the CY 2009 PFS proposed following: 2008.’’ rule that references the suit against the ‘‘Regina Walker-Wren, (410) 786–9160, for 6. On page 38569, in Table 11, Secretary (Atlantic Urological information concerning educational a. Column 1, an asterisk is added to Associates PA v. Leavitt, Civil Action requirements for nurse practitioners and the title of measure numbers 110 and No. 08–141–(RMC) (D.D.C.)). clinical nurse specialists. 111 to read as follows:

TABLE 11—2008 PQRI MEASURES PROPOSED FOR 2009

Measure number and title Measure source

110. Preventive Care and Screening: Influenza Immunization for Patients ≥ 50 Years Old * ...... AMA–PCPI. 111. Preventive Care and Screening: Pneumonia Vaccination for Patients 65 Years and Older * ...... NCQA.

b. The footnote ‘‘* This measure is Dated: July 28, 2008. language pertaining to requirements for one fifteen measures for which data may Ann C. Agnew, the acquisition of commercial items. potentially be accepted through the EHR Executive Secretary to the Department. DATES: Interested parties should submit mechanism in 2009.’’ is corrected to [FR Doc. E8–17732 Filed 7–31–08; 8:45 am] written comments to the Regulatory read ‘‘* This measure is 1 of 17 BILLING CODE 4120–01–P Secretariat on or before September 30, measures for which data may 2008 to be considered in the potentially be accepted through the EHR formulation of a final rule. mechanism in 2009.’’ GENERAL SERVICES ADDRESSES: Submit comments 7. On page 38571, Table 13, the ADMINISTRATION identified by GSAR Case 2008–G504 by footnote ‘‘* This measure is one fifteen any of the following methods: measures for which data may 48 CFR Parts 512 and 552 • Regulations.gov: http:// potentially be accepted through the EHR [GSAR Case 2008–G504; Docket 2008–0007; www.regulations.gov. mechanism in 2009.’’ is corrected to Sequence 11] Submit comments via the Federal read ‘‘* This measure is 1 of 17 eRulemaking portal by inputting ‘‘GSAR RIN 3090–AI61 measures for which data may Case 2008–G504’’ under the heading ‘‘Comment or Submission’’. Select the potentially be accepted through the EHR General Services Acquisition link ‘‘Send a Comment or Submission’’ mechanism in 2009.’’ Regulation; GSAR Case 2008–G504; that corresponds with GSAR Case 2008– Rewrite of GSAR Part 512, Acquisition 8. On page 38576, in the 2nd column, G504. Follow the instructions provided of Commercial Items in the 1st full paragraph, line 16, the to complete the ‘‘Public Comment and phrase ‘‘requirements, but not entirely AGENCY: Office of the Chief Acquisition Submission Form’’. Please include your date’’ is corrected to read ‘‘requirements Officer, General Services name, company name (if any), and that are not entirely date.’’ Administration (GSA). ‘‘GSAR Case 2008–G504’’ on your (Catalog of Federal Domestic Assistance ACTION: Proposed rule with request for attached document. • Program No. 93.773, Medicare—Hospital comments. Fax: 202–501–4067. Insurance; and Program No. 93.774, • Mail: General Services Medicare—Supplementary Medical SUMMARY: The General Services Administration, Regulatory Secretariat Insurance Program) Administration (GSA) is proposing to (VPR), 1800 F Street, NW., Room 4041, amend the General Services Acquisition ATTN: Laurieann Duarte, Washington, Regulation (GSAR) to revise the DC 20405.

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Instructions: Please submit comments to GSA Acquisition of Commercial B. Regulatory Flexibility Act only and cite GSAR Case 2008–G504 in Items, are retained with no changes. The General Services Administration all correspondence related to this case. Discussion of Comments does not expect this proposed rule to All comments received will be posted Four comments covering Part 512 have a significant economic impact on without change to http:// were received in response to the a substantial number of small entities www.regulations.gov, including any Advanced Notice of Proposed within the meaning of the Regulatory personal and/or business confidential Rulemaking. A discussion of these Flexibility Act, 5 U.S.C. 601, et seq., information provided. comments is provided below: because the revisions are not considered FOR FURTHER INFORMATION CONTACT: For Comment: Add a clause to the GSAM substantive. The revisions only update clarification of content, contact Mr. that allows for use of FAR Part 12 in and reorganize existing coverage. An Michael O. Jackson at (202) 208–4949, relation to constructions or remodeling Initial Regulatory Flexibility Analysis or by e-mail at of real property. has, therefore, not been performed. We [email protected]. For invite comments from small businesses information pertaining to the status or Response: Office of Federal and other interested parties. GSA will publication schedules, contact the Procurement Policy Memorandum dated consider comments from small entities Regulatory Secretariat (VPR), Room July 3, 2003 states ‘‘Part 12, as currently concerning the affected GSAR Parts 512 4041, GS Building, Washington, DC promulgated, should rarely, if ever, be and 552 in accordance with 5 U.S.C. 20405, (202) 501–4755. Please cite used for new construction acquisitions 610. Interested parties must submit such GSAR Case 2008–G504. or non-routine alterations and repair comments separately and should cite 5 services. In accordance with SUPPLEMENTARY INFORMATION: U.S.C. 601, et seq. (GSAR case 2008– longstanding practice, agencies should G504), in correspondence. A. Background apply the policies of FAR Part 36 to C. Paperwork Reduction Act The General Services Administration these acquisitions. Therefore, no (GSA) is amending the General Services additional language is being added to The Paperwork Reduction Act Administration Acquisition Regulation Part 12. applies; however, these changes to the (GSAR) to revise sections of GSAR Part Comment: Revise the GSAR to GSAR do not impose additional 512 that provide requirements for the address inconsistencies and information collection requirements to acquisition of commercial items. duplications between and among GSA the paperwork burden previously This rule is a result of the General contract clauses and FAR Part 12 that approved under OMB Control Number Services Administration Acquisition are often included in a single contract. 3090–0027. Manual (GSAM) rewrite initiative Response: The clauses were reviewed List of Subjects in 48 CFR Parts 512 and undertaken by GSA to revise the GSAM and any inconsistencies were 552 eliminated to the maximum extent to maintain consistency with the Government procurement. Federal Acquisition Regulation (FAR) possible. and to implement streamlined and Comment: Revise the GSAR to Dated: July 23, 2008. innovative acquisition procedures that encourage contracting officers to Al Matera contractors, offerors, and GSA consider a vendor’s commercial Director, Office of Acquisition Policy, U.S. contracting personnel can utilize when practices and policies during General Services Administration. entering into and administering negotiation of contract terms and Therefore, GSA proposes to amend 48 contractual relationships. The GSAM conditions consistent with the CFR parts 512 and 552 as set forth incorporates the General Services contracting officer’s ability to tailor below: Administration Acquisition Regulation clauses under FAR 12.302. PART 512—ACQUISITION OF (GSAR) as well as internal agency Response: Current FAR Part 12 COMMERCIAL ITEMS acquisition policy. requires contracting officers to consider GSA will rewrite each part of the a vendor’s commercial practices and 1. The authority citation for 48 CFR GSAR and GSAM, and as each GSAR policies during negotiations of contract part 512 is revised to read as follows: part is rewritten, will publish it in the terms and conditions. Authority: 40 U.S.C. 121(c). Federal Register. This rule covers the rewrite of GSAR Comment: Revise the GSAR to 2. Amend section 512.301 by revising Part 512 and revises the text at GSAR eliminate inconsistencies and paragraph (a) to read as follows: 512.301, Solicitation provisions and redundancies between the FAR and GSAR in the context of a Federal Supply 512.301 Solicitation provisions and contract clauses for the acquisition of contract clauses for the acquisition of commercial items. GSAR clauses Schedule, specifically citing Federal commercial items. Supply Schedule 70. 552.212–70, Preparation of Offer (a) Solicitation provisions and (Multiple Award Schedule), and Response: The Federal Supply clauses. Insert these provisions or 552.212–73, Evaluation—Commercial Schedule clauses have been reviewed clauses in solicitations or solicitations Items (Multiple Award Schedule), are and are being published in GSAM Part and contracts, respectively, in proposed for deletion from GSAR Part 538. Inconsistencies and redundancies accordance with the instructions 512 and proposed to be moved to GSAR between the FAR and GSAR were provided: Part 538, Federal Supply Schedule eliminated to the maximum extent (1) 552.212–71, Contract Terms and Contracting, as these GSAR clauses are possible. Conditions Applicable to GSA a better fit in GSAR Part 538. GSAR This is not a significant regulatory Acquisition of Commercial Items, when clauses 552.212–71, Contract Terms and action and, therefore, was not subject to listed clauses apply. The clause Conditions Applicable to GSA review under Section 6(b) of Executive provides for incorporation by reference Acquisition of Commercial Items and Order 12866, Regulatory Planning and of terms and conditions which are, to 552.212–72, Contract Terms and Review, dated September 30, 1993. This the maximum extent practicable, Conditions Required to Implement rule is not a major rule under 5 U.S.C. consistent with customary commercial Statutes or Executive Orders Applicable 804. practice. If necessary, tailor this clause.

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(2) 552.212–72, Contract Terms and Submission’’. Select the link ‘‘Send a these sections merely direct contracting Conditions Required to Implement Comment or Submission’’ that officers to use certain forms in certain Statutes or Executive Orders Applicable corresponds with GSAR Case 2007– circumstances, and to include any to GSA Acquisitions of Commercial G502. Follow the instructions provided geographic limitations and instructions Items, when listed clauses apply. The to complete the ‘‘Public Comment and in Blanket Purchase Agreements (BPAs). clause provides for the incorporation by Submission Form’’. Please include your There are no clauses or solicitation reference of terms and conditions name, company name (if any), and provisions in these sections. Therefore, required to implement provisions of law ‘‘GSAR Case 2007–G502’’ on your the team has recommended changing or executive orders that apply to attached document. the referenced material (formerly commercial item acquisitions. • Fax: 202–501–4067. shaded gray) to GSAM rather than • * * * * * Mail: General Services GSAR. The effect is to remove all of the Administration, Regulatory Secretariat Part 513 GSAR material. However, this PART 552—SOLICITATION (VPR), 1800 F Street, NW, Room 4041, former GSAR material has been PROVISIONS AND CONTRACT ATTN: Laurieann Duarte, Washington, retained, with some modifications, in CLAUSES DC 20405. the GSAM, which will also be available Instructions: Please submit comments to the public on the GSAM web site, 3. The authority citation for 48 CFR only and cite GSAR Case 2007–G502 in once the revisions are made final. part 552 continues to read as follows: all correspondence related to this case. The following sections explain in Authority: 40 U.S.C. 121(c). All comments received will be posted detail the changes that are proposed to without change to http:// the former GSAR, now GSAM, Part 513 552.212–70 [Removed] www.regulations.gov, including any coverage. This information is not being 4. Remove section 552.212–70. personal and/or business confidential provided for comment, but rather to simply notify the reader about changes 552.212–73 [Removed] information provided. to the former GSAR, now GSAM. FOR FURTHER INFORMATION CONTACT For 5. Remove section 552.212–73. 513.302–70: References to electronic clarification of content, contact Ms. processing systems were updated at [FR Doc. E8–17540 Filed 7–31–08; 8:45 am] Meredith Murphy at (202) 208–6925. 513.302–70, and paragraph (f) relating to BILLING CODE 6820–61–S For information pertaining to the status the outdated Standard Form (SF) 44 or publication schedules, contact the procedure was deleted. The GSA Forms Regulatory Secretariat (VPR), Room 300 and 300A, Order for Supplies and GENERAL SERVICES 4041, GS Building, Washington, DC Services, and Order for Supplies and ADMINISTRATION 20405, (202) 501–4755. Please cite Services—Continuation, respectively, GSAR Case 2007–G502. 48 CFR Part 513 are proposed for removal in favor of the SUPPLEMENTARY INFORMATION: [GSAR Case 2007–G502; Docket 2008–0007; preferred Optional Form (OF) 347, Sequence 16] A. Background Order for Supplies and Services, and OF 348, Order for Supplies or Services— RIN 3090–AI67 This is part of the GSAM Rewrite Continuation. These forms are outdated Project, initiated in 2006 to revise, for a number of reasons: General Services Acquisition update, and simplify the GSAM. An • Part 553 shows GSA Forms 300 and Regulation; GSAR Case 2007–G502; Advance Notice of Proposed 300A as being 14 pages in length; Rewrite of GSAR Part 513, Simplified Rulemaking (ANPR), with a request for effectively, however, it is a two-page Acquisition Procedures comments, was published in the form (Form 300 is the front and Form Federal Register at 71 FR 7910, AGENCY: Office of the Chief Acquisition 300A is the back) repeated seven times. February 15, 2006. No public comments Officer, General Services With electronic commerce, those were received in response to Part 513. Administration (GSA). additional copies are no longer needed. Prior to publication of this proposed • The form is required to be printed ACTION: Proposed rule. rule, the draft coverage was circulated and used in a pin-feed format, an within GSA to the Services and regions. SUMMARY: The General Services outdated technology. • Administration (GSA) is proposing to A total of 57 comments, from within the The second page of the form amend the General Services Acquisition agency, were received from 16 contains outdated clauses. Also, Regulation (GSAR) to revise and update commenters. The proposed rule including clauses on a GSA form does the agency’s implementation of the incorporates those recommendations not allow for frequently required where appropriate. The current GSAM updates. Federal Acquisition Regulation (FAR) • Part 13, Simplified Acquisition Part 513 implements three of the FAR Variations of the GSA Forms 300 Procedures. Part 13 subparts and the policy at and 300A are in use in at least four 513.003. There are no clauses associated different software systems: NEAR, DATES: Interested parties should submit with Part 513, and no supplementary Pegasys, ITSS, and Comprison. written comments to the Regulatory subparts. The proposed rule deletes the However, none of these four systems Secretariat on or before September 30, policy statement at 513.003 and certain uses the actual Form 300, and all four 2008 to be considered in the GSA-specific forms that are redundant systems have modified the Form 300— formulation of a final rule. to standard or optional forms in the but each has modified the form in ADDRESSES: Submit comments FAR, as well as the GSAM text different ways. In other words, there is identified by GSAR Case 2007–G502 by associated with them. not a single consistent format being any of the following methods: The GSA review team noted that used for the GSA Form 300 at GSA. • Regulations.gov: http:// GSAR Part 513 material currently coded OF 347 and OF 348 are very similar www.regulations.gov. Submit comments as regulatory, i.e., GSAR, does not, in to the GSA Forms 300 and 300A, via the Federal eRulemaking portal by fact, contain regulatory material. GSAR without the outdated and duplicative inputting ‘‘GSAR Case 2007–G502’’ 513.302–70, 513.303–3(a) and (b), and elements of the latter. FAR Drafting under the heading ‘‘Comment or 513.307 are considered policy because Conventions establish an order of

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preference as follows: Standard Forms GSA Form 3521 for preparation of a Interested parties must submit such first, Optional Forms second, and blanket purchase agreement. GSA is comments separately and should cite 5 agency-specific forms third. GSA is in retaining the form but moving the U.S.C. 601, et seq. (GSAR case 2007– the process of procuring a new billing reference to 513.303, Blanket purchase G502), in correspondence. and invoicing system. This should agreements (BPAs). provide the ideal opportunity to change This is not a significant regulatory C. Paperwork Reduction Act action and, therefore, was not subject to over from the GSA forms to the Optional The Paperwork Reduction Act does review under Section 6(b) of Executive Forms and to make all processes not apply because the proposed changes consistent. However, we recognize that Order 12866, Regulatory Planning and to the GSAM do not impose information the change will take some time to Review, dated September 30, 1993. This collection requirements that require the complete, and we propose to delay the rule is not a major rule under 5 U.S.C. approval of the Office of Management effective date for cancellation of the 804. and Budget under 44 U.S.C. 3501, et GSA Forms 300 and 300A six months B. Regulatory Flexibility Act beyond the effective date of GSAM Part seq. 513. The delayed effective date will be The General Services Administration List of Subjects in 48 CFR Part 513 accomplished as part of the GSA Order does not expect this proposed rule to implementing the revised Part 513. have a significant economic impact on Government procurement. a substantial number of small entities 513.303–3: The GSAM addresses four Dated: July 24, 2008. key areas of Blanket Purchase within the meaning of the Regulatory Agreements (BPAs) that have presented Flexibility Act, 5 U.S.C. 601, et seq., Al Matera, the most procedural issues for because the changes are primarily Director, Office of Acquisition Policy. procurement personnel. Therefore, the editorial in nature. An Initial Regulatory Therefore, under the authority of 40 existing GSAM 513.303–3 is retained, Flexibility Analysis has, therefore, not U.S.C. 121(c), GSA proposes to remove but it is modified to include reference been performed. We invite comments 48 CFR part 513. to the GSA Form 3521, Blanket from small businesses and other Purchase Agreement. Also, an outdated interested parties. GSA will consider PART 5137—[REMOVED] reference to GSA 525.570 was deleted. comments from small entities 513.307: This section currently is a concerning the affected GSAR Part 513 [FR Doc. E8–17549 Filed 7–31–08; 8:45 am] single line authorizing the use of the in accordance with 5 U.S.C. 610. BILLING CODE 6820–61–S

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Notices Federal Register Vol. 73, No. 149

Friday, August 1, 2008

This section of the FEDERAL REGISTER continue to authorize grazing on these standards continue to be met. The contains documents other than rules or allotments under a revised allotment overall authorized season of use would proposed rules that are applicable to the management plan, according to remain the same (July 1 to September public. Notices of hearings and investigations, direction and objectives of the Forest 30). Stocking options, including the committee meetings, agency decisions and Plan and in compliance with applicable rulings, delegations of authority, filing of specific timing and duration of grazing petitions and applications and agency laws, regulations, and policies. in each pasture within the authorized statements of organization and functions are A two-part decision is to be made for season of use, would be based on examples of documents appearing in this authorizing livestock grazing. First, it monitoring of utilization standards in section. will be determined whether livestock each pasture. grazing should be authorized on all, Stocking rates would not exceed part, or none of the project area. Second, levels authorized in the 1961 Allotment DEPARTMENT OF AGRICULTURE if the decision is to authorize some level Management Plan: 269 AUMs for Marsh of livestock grazing, then what Forest Service Creek Allotment, 277 AUMs for Tarhead management prescriptions will be Allotment. Experience over the past 45 applied (including standards, Helena National Forest, Lewis & Clark years indicate that these levels provide guidelines, grazing management, and County, MT, Grazing Reauthorization a reasonable upper limit for stocking monitoring) to ensure that desired for Marsh Creek and Tarhead rates for purposes of this analysis. Livestock Allotments condition objectives are met or that Grazing at the current level movement occurs toward those 2 (approximately ⁄3 of the maximum AGENCY: Forest Service, USDA. objectives. level) would continue until trends in ACTION: Notice of intent to prepare an This analysis will meet the vegetative conditions (both upland and Environmental Impact Statement (EIS). requirement described in Section 504 of riparian) indicate the need for a Public Law 104–19 which directed the downward adjustment to accelerate SUMMARY: The Helena National Forest is Forest Service to complete NEPA going to prepare an environmental improvement. Or, if objectives for analysis on allotments. Public Law 104– vegetative conditions are met, upward impact statement for proposed 19 was signed in law on July 27, 1995 reauthorization of livestock grazing on adjustments in stocking would be following the passing of the 1995 considered if monitoring indicates those two allotments, Marsh Creek and Rescission Bill. Tarhead, in the Marsh, Tarhead, Trout conditions and trends can be and Weino Creek drainages, tributaries Proposed Action maintained. to Canyon Creek and the Missouri River. The Helena National Forest proposes On the Tarhead Allotment, a short The purpose and need for action is to to authorize grazing of livestock on the section of upper Tar Head Creek, determine whether livestock grazing Marsh Creek and Tarhead allotments immediately adjacent to private land, will continue to be authorized on these using an adaptive management strategy would be fenced to restrict livestock allotments and, if so, to authorize that allows implementation of access to stream banks. Riparian grazing in a manner that will continue additional improvements, as needed to vegetation within the enclosure would to meet or move toward direction in the (1) protect localized areas of riparian continue to be monitored to evaluate Forest Plan while meeting other impacts and (2) to better facilitate recovery. To replace this source of resource objectives. livestock movement between pastures. It livestock water, one off-stream water DATES: Comments concerning the is proposed to provide for a range of source (seep) would be developed. proposed action must be received by stocking options—stocking rates, timing Riparian conditions at key sites on August 29, 2008. The draft EIS is of grazing and duration of grazing—that Trout and Weino Creeks would be expected to be available to the public in would be adjusted based upon monitored. It is expected that continued November/December of 2008 and the monitoring. The current stocking rate implementation of deferred grazing will final EIS is expected to be available to (authorized for 2007 and 2008) would result in improvement in conditions at the public in March/April of 2009. be adjusted up or down depending upon these sites. However, if monitoring ADDRESSES: Send written comments to the results of monitoring of utilization suggests that improvement is Dea Nelson (Team Leader), 2880 standards (stubble height) and inadequate, off-site water source(s) Skyway Drive, Helena, MT 59601, evaluation of stream bank disturbance would be developed and/or adjustments (phone—406.495.3705) or for further and other riparian conditions over a 3– made in stocking rates. information, call Amber Kamps (District 5 year period. Specific utilization On the Marsh Creek Allotment, the Ranger) or Shawn Heinert (Rangeland standards for key forage species needed livestock are currently trailed from one Management Specialist) at to protect soil and water quality would pasture to the other via an existing road 406.362.4265. be specified in the allotment across private land. Should this practice SUPPLEMENTARY INFORMATION: management plan, as required by the become unacceptable with the Forest Plan (page II/22). Cattle landowner, a 1⁄4-mile long stock Purpose and Need for Action distribution would be accomplished by driveway would need to be constructed Term grazing permits currently a combination of salt and water on National Forest System lands authorize cattle grazing on the Marsh placement and herding. Grazing would requiring removal of trees from Creek and Tarhead allotments which are continue under a 2-pasture (Marsh approximately 2 acres. Additionally, a located in the Helena National Forest. Creek) or 3-pasture (Tarhead) deferred 1⁄4–1⁄2 mile of drift fence would be The Helena National Forest proposes to rotation as long as current utilization constructed across the driveway to

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confine livestock to the appropriate Early Notice of Importance of Public Dated: July 23, 2008. pasture. Participation in Subsequent Kevin T. Riordan, Our analysis will consider Environmental Review Forest Supervisor. implementation of these options [FR Doc. E8–17429 Filed 7–31–08; 8:45 am] A draft environmental impact (development of additional water BILLING CODE 3410–11–P statement will be prepared for comment. sources and construction of a stock driveway), as well as the upper limits The comment period on the draft for stocking, as part of the adaptive environmental impact statement will be DEPARTMENT OF AGRICULTURE management strategy. 45 days from the date the Environmental Protection Agency Forest Service Possible Alternatives publishes the notice of availability in the Federal Register. The Manti-La Sal National Forest, Possible alternatives, in addition to Sanpete Ranger District, Utah, Sunroc the proposed action, are No Action The Forest Service believes, at this Gypsum Surface Mine Plan of (current management) and No Livestock early stage, it is important to give Operation Grazing. reviewers notice of several court rulings related to public participation in the AGENCY: Forest Service, USDA. Responsible Official environmental review process. First, ACTION: Notice of intent to prepare an Kevin Riordan, Forest Supervisor, reviewers of draft environmental impact environmental impact statement. statements must structure their 2880 Skyway Drive, Helena, MT 59601. SUMMARY: Sunroc Corporation has participation in the environmental Nature of Decision To Be Made submitted a Plan of Operations (the review of the proposal so that it is Plan) proposing continued gypsum The nature of the decision is two-part: meaningful and alerts an agency to the surface mining operations in the 1. Whether livestock grazing should be reviewer’s position and contentions. Chicken Creek East and Chicken Creek authorized on all, part, or none of the Vermont Yankee Nuclear Power Corp. v. West mines and proposes opening project area. 2. If the decision is to NRDC, 435 U.S. 519, 553 (1978). Also, another pit on it’s existing adjacent authorize some level of livestock environmental objections that could be claims. The location of the mine is in grazing, then what management raised at the draft environmental impact Juab County, Utah, approximately 2 prescriptions will be applied (including statement stage but that are not raised miles east of the town of Levan in standards, guidelines, grazing until after completion of the final portions of Section(s) 33 and 34, T14S, management, and monitoring) to ensure environmental impact statement may be R1E, and Section 4, T15S, R1E, SLB&M. that desired condition objectives are met waived or dismissed by the courts. City In response, the Manti LaSal National or that movement occurs toward those of Angoon v. Hodel, 803 F.2d 1016, Forest is preparing an Environmental objectives. 1022 (9th Cir. 1986) and Wisconsin Impact Statement to analyze the Scoping Process Heritages, Inc. v. Harris, 490 F. Supp. environmental effect of the proposed 1334, 1338 (E.D. Wis. 1980). Because of Plan and determine whether to approve • Scoping Package (mailing)— these court rulings, it is very important the Plan as proposed or to require August, 2008. that those interested in this proposed additional mitigation measures to • NOI—August, 2008. action participate by the close of the 45 protect the environment. DATES: Comments concerning the scope • Post on Web site—August, 2008. day comment period so that comments and objections are made available to the of the analysis must be received by 30 Preliminary Issues Forest Service at a time when it can days after the publication of the NOI. The draft environmental impact Preliminary internal review, as well meaningfully consider them and respond to them in the final statement is expected November, 2008 as public comments from 2007, and the final environmental impact environmental impact statement. indicates concerns with riparian statement is expected January, 2009. conditions along relatively short (less To assist the Forest Service in ADDRESSES: Send written comments to than 1/4 mile), isolated stretches of identifying and considering issues and Rod Player, Acting Forest Supervisor, streams on the Tarhead Allotment. concerns on the proposed action, Manti LaSal National Forest, 599 West Monitoring and follow-up action to comments on the draft environmental Price River Drive, Price, Utah 84501. adjust management to improve the impact statement should be as specific For further information, mail recovery of these areas are the focus of as possible. It is also helpful if correspondence to Tom Lloyd, Team the proposed action. Internal review has comments refer to specific pages or Leader, by mail: Box 310, Ferron, Utah suggested the possible need in the chapters of the draft statement. 84523. future to provide an alternative to the Comments may also address the FOR FURTHER INFORMATION CONTACT: To current route used to trail livestock adequacy of the draft environmental Tom Lloyd, Team Leader by mail: Box between pastures on the Marsh Creek impact statement or the merits of the 310, Ferron, Utah, 84523. The Plan of allotment. Construction of a stock alternatives formulated and discussed in Operation is available for public review driveway is incorporated into the the statement. Reviewers may wish to (36 CFR 228.6) at the District Ranger’s proposed action to address this possible refer to the Council on Environmental Office, 540 North Main, Ephraim, Utah future need. Quality Regulations for implementing 84627–1117. Comment Requested the procedural provisions of the Purpose and Need for Action National Environmental Policy Act at 40 This notice of intent initiates the CFR 1503.3 in addressing these points. Sunroc Corporation has submitted a scoping process which guides the Plan of Operations for continued mining development of the environmental (Authority: 40 CFR 1501.7 and 1508.22; in the Chicken Creek East and Chicken impact statement. Comments are due by Forest Service Handbook 1909.15, Section Creek West mines and proposed mining August 22, 2008. 21) in the Upper Chicken Creek West area.

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The purpose of this EIS is to provide a Schedule of Proposed Actions, letters to comments on the draft environmental timely evaluation of the environmental interested and affected individuals, impact statement should be as specific impacts of the proposed plan of agencies, and organizations, and legal as possible. It is also helpful if operation and determine whether to notices. No public meeting is planned. comments refer to specific pages or approve the Plan as proposed or to chapters of the draft statement. Preliminary Issues require additional mitigation measures Comments may also address the to protect the environment (in Some of the proposed mining area is adequacy of the draft environmental accordance with Forest Service in inventoried roadless area, in key impact statement or the merits of the regulations for locatable minerals). winter range, and the proposed alternatives formulated and discussed in The need for action is to allow Sunroc disturbance does not meet visual quality the statement. Corporation to exercise their rights objectives of the Forest Plan. Reviewers may wish to refer to the under U.S. mining laws. Sunroc has a Permits or Licenses Required Council on Environmental Quality right to develop its claims as set forth Regulations for implementing the by the General Mining Law of 1872 as The approved Plan of Operation procedural provisions of the National amended. These laws provide that the authorizes mining. Operations must be Environmental Policy Act at 40 CFR public has a statutory right to conduct consistent with Forest Service 1503.3 in addressing these points. prospecting, exploration, and Conditions of Approval, and other Comments received, including the development activities (1872 Mining applicable laws and regulations. names and addresses of those who Law and 1897 Organic Act), provided Comment Requested comment, will be considered part of the they are reasonably incident (1955 public record on this proposal and will This notice of intent initiates the Multiple Use Mining Act and case law) be available for public inspection. scoping process which guides the to mining and comply with other federal development of the environmental Authority: 40 CFR 1501.7 and 1508.22; laws. impact statement. Forest Service Handbook 1909.15, Section The Forest Service has the Early Notice of Importance of Public 21. responsibility to protect surface Participation in Subsequent Dated: July 21, 2008. resources. Mining regulations state that Environmental Review: A draft Rod Player, ‘‘operations shall be conducted so as, environmental impact statement will be where feasible, to minimize adverse Acting Forest Supervisor. prepared for comment. The comment environmental effects on Nation Forest [FR Doc. E8–17667 Filed 7–31–08; 8:45 am] period on the draft environmental System surface resources (36 CFR BILLING CODE 3410–11–P impact statement will be 45 days from 228.8)’’ provided such regulation does the date the Environmental Protection not endanger or materially interfere Agency publishes the notice of with prospecting, mining, or processing COMMITTEE FOR PURCHASE FROM availability in the Federal Register. operations or reasonably incident uses PEOPLE WHO ARE BLIND OR The Forest Service believes, at this SEVERELY DISABLED (1955 Multiple Use Mining Act and case early stage, it is important to give law). reviewers notice of several court rulings Procurement List; Additions Proposed Action related to public participation in the environmental review process. First, AGENCY: Committee for Purchase From The proposed federal action is to reviewers of draft environmental impact People Who Are Blind or Severely approve Sunroc Corporation’s Plan of statements must structure their Disabled. Operation with mitigations needed to participation in the environmental ACTION: Additions to the Procurement protect other non-mineral surface review of the proposal so that it is List. resources consistent with Forest Plan, meaningful and alerts an agency to the regulations, and other applicable laws. SUMMARY: This action adds to the reviewer’s position and contentions. Procurement List products and a service Possible Alternatives Vermont Yankee Nuclear Power Corp. v. to be furnished by nonprofit agencies NRDC, 435 U.S. 519, 553 (1978). Also, 1. No Action, 2. Approve the Plan as employing persons who are blind or environmental objections that could be presented, 3. Approve the Plan as have other severe disabilities. raised at the draft environmental impact presented by Sunroc Corporation, with DATES: Effective Date: August 31, 2008. stipulations necessary to protect the statement stage but that are not raised ADDRESSES: Committee for Purchase non-mineral resources of the area. until after completion of the final environmental impact statement may be From People Who Are Blind or Severely Responsible Official waived or dismissed by the courts. City Disabled, Jefferson Plaza 2, Suite 10800, Rod Player, Acting Forest Supervisor, of Angoon v. Hodel, 803 F.2d 1016, 1421 Jefferson Davis Highway, Manti LaSal National Forest, 599 West 1022 (9th Cir. 1986) and Wisconsin Arlington, Virginia 22202–3259. Price River Drive, Price, Utah 84501. Heritages, Inc. v. Harris, 490 F. Supp. FOR FURTHER INFORMATION CONTACT: 1334, 1338 (E.D. Wis. 1980). Because of Kimberly M. Zeich, Telephone: (703) Nature of Decision To Be Made these court rulings, it is very important 603–7740, Fax: (703) 603–0655, or The federal action being considered in that those interested in this proposed e-mail [email protected]. this environmental analysis is the Forest action participate by the close of the 30- SUPPLEMENTARY INFORMATION: Service decision to approve the day comment period so that substantive On May 23 and June 6, 2008, the proposed Plan as submitted, or to comments and objections are made Committee for Purchase From People decide what additional mitigations are available to the Forest Service at a time Who Are Blind or Severely Disabled needed to protect other resources as when it can meaningfully consider them published notice (73 FR 30046; 32287) provided for in 36 CFR 228.8. and respond to them in the final of proposed additions to the environmental impact statement. Procurement List. Scoping Process To assist the Forest Service in After consideration of the material Scoping will include NOI to Federal identifying and considering issues and presented to it concerning capability of Register, listing in the Quarterly concerns on the proposed action, qualified nonprofit agencies to provide

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the products and services and impact of NSN: 7520–00–NIB–2005—Filter, date of this addition or options that may the additions on the current or most Notebook, Privacy, 13.3’’W be exercised under those contracts. recent contractors, the Committee has NSN: 7520–00–NIB–2007—Filter, Kimberly M. Zeich, determined that the products and Notebook, Privacy, 20.1’’ service listed below are suitable for NSN: 7520–00–NIB–2008—Filter, Director, Program Operations. procurement by the Federal Government Notebook, Privacy, 20.1’’W [FR Doc. E8–17684 Filed 7–31–08; 8:45 am] under 41 U.S.C. 46–48c and 41 CFR 51– NSN: 7520–00–NIB–2009—Filter, BILLING CODE 6353–01–P 2.4. Notebook, Privacy, 22’’W NSN: 7520–00–NIB–2010—Filter, Regulatory Flexibility Act Certification Notebook, Privacy, 24’’W COMMITTEE FOR PURCHASE FROM I certify that the following action will Coverage: B-List for the broad Government PEOPLE WHO ARE BLIND OR not have a significant impact on a requirement as specified by the General SEVERELY DISABLED substantial number of small entities. Services Administration. NPA: Wiscraft Inc.—Wisconsin Enterprises Procurement List; Proposed Additions The major factors considered for this and Deletions certification were: for the Blind, Milwaukee, WI. 1. The action will not result in any Contracting Activity: General Services AGENCY: Committee for Purchase From additional reporting, recordkeeping or Administration, Federal Supply People Who Are Blind or Severely other compliance requirements for small Services, Region 2, New York, NY. Disabled. entities other than the small File Folders, Colored, Recycled ACTION: Proposed Additions to and organizations that will furnish the NSN: 7530–00–NIB–0866—Letter-size, Deletions from the Procurement List. products and service to the Government. Assorted Colors, 1/3 cut, 100/BX 2. The action will result in NSN: 7530–00–NIB–0867—Letter-size, SUMMARY: The Committee is proposing authorizing small entities to furnish the Blue, 1/3 Cut, 100/BX to add to the Procurement List services products and service to the Government. NSN: 7530–00–NIB–0868—Letter-size, to be furnished by nonprofit agencies 3. There are no known regulatory Bright Green, 1/3 cut, 100/BX employing persons who are blind or alternatives which would accomplish NSN: 7530–00–NIB–0869—Letter-size, have other severe disabilities, and to the objectives of the Javits-Wagner- Red, 1/3 cut, 100/BX delete products previously furnished by O’Day Act (41 U.S.C. 46–48c) in NSN: 7530–00–NIB–0870—Letter-size, such agencies. connection with the products and Purple, 1/3 cut, 100/BX Comments Must Be Received On or service proposed for addition to the NSN: 7530–00–NIB–0871—Letter-size, Before: August 31, 2008. Procurement List. Yellow, 1/3 cut, 100/BX ADDRESSES: Committee for Purchase NSN: 7530–00–NIB–0872—Letter-size, From People Who Are Blind or Severely End of Certification Double Ply Reinforced, Assorted Colors, Disabled, Jefferson Plaza 2, Suite 10800, Accordingly, the following products 1/3 cut, 100/BX 1421 Jefferson Davis Highway, NSN: 7530–00–NIB–0873—Letter-size, and service are added to the Arlington, Virginia, 22202–3259. Procurement List: Double Ply Reinforced, Blue, For Further Information or to Submit 1/3 cut, 100/BX Comments Contact: Kimberly M. Zeich, Products NSN: 7530–00–NIB–0874—Letter-size, Telephone: (703) 603–7740, Fax: (703) Double Ply Reinforced, Bright Green, Mop, Dust and Floor 603–0655, or e-mail NSN: 7920–00–616–2493—Dust Mop 1/3 cut, 100/BX NSN: 7920–00–782–3784—Floor Mop NSN: 7530–00–NIB–0875—Letter-size, [email protected]. Coverage: B-List for the broad Government Double Ply Reinforced, Red, 1/3 cut, SUPPLEMENTARY INFORMATION: This requirement as specified by the General 100/BX notice is published pursuant to 41 Services Administration. NSN: 7530–00–NIB–0876—Letter-size, U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its NPA: New York City Industries for the Blind, Double Ply Reinforced, Purple, 1/3 cut, Inc., Brooklyn, NY. purpose is to provide interested persons 100/BX Contracting Activity: General Services an opportunity to submit comments on Administration, Southwest Supply NSN: 7530–00–NIB–0877—Letter-size, the proposed actions. Double Ply Reinforced, Yellow, 1/3 cut, Center, Fort Worth, TX. Additions Filter, Notebook, Privacy 100/BX NSN: 7520–00–NIB–1943—Filter, Coverage: A-list for the total Government If the Committee approves the Notebook, Privacy, 14.1’’ requirements as specified by the General proposed additions, the entities of the NSN: 7520–00–NIB–1944—Filter, Services Administration. Federal Government identified in this Notebook, Privacy, 14.1W NPA: L.C. Industries For The Blind, Inc., notice for each product or service will NSN: 7520–00–NIB–1945—Filter, Durham, NC. be required to procure the services Notebook, Privacy, 15.0’’ Contracting Activity: General Services listed below from nonprofit agencies NSN: 7520–00–NIB–1946—Filter, Administration, Federal Supply employing persons who are blind or Notebook, Privacy, 15.4’’ Services, Region 2, New York, NY. NSN: 7520–00–NIB–1947—Filter, have other severe disabilities. Notebook, Privacy, 17.0’’ Service Regulatory Flexibility Act Certification NSN: 7520–00–NIB–1948—Filter, Service Type/Location: Food Service I certify that the following action will Notebook, Privacy, 17.0W Attendant, 183rd Guard Capitol Airport, NSN: 7520–00–NIB–1950—Filter, not have a significant impact on a Air National Guard Base, 3101 J. David Notebook, Privacy, 19.0’’ substantial number of small entities. NSN: 7520–00–NIB–2006—Filter, Jones Parkway, Springfield, IL. NPA: United Cerebral Palsy of the Land of The major factors considered for this Notebook, Privacy, 19.0’’W certification were: Coverage: A-List for the total Government Lincoln, Springfield, IL. Contracting Activity: United States Air Force, 1. If approved, the action will not requirement as specified by the General result in any additional reporting, Services Administration. 183rd Fighter Wing, Air National Guard, NSN: 7520–00–NIB–1941—Filter, Springfield, IL. recordkeeping or other compliance Notebook, Privacy 12.1’’ requirements for small entities other NSN: 7520–00–NIB–1942—Filter, This action does not affect current than the small organizations that will Notebook, Privacy, 12.1W contracts awarded prior to the effective furnish the services to the Government.

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2. If approved, the action will result Contracting Activity: General Services Steel Nails from the People’s Republic in authorizing small entities to furnish Administration, Federal Supply Service, of China: Final Determination of Sales the services to the Government. Fort Worth, TX. at Less Than Fair Value and Partial 3. There are no known regulatory Pad, Folio Affirmative Determination of Critical alternatives which would accomplish NSN: 7510–01–484–4590. Circumstances, 73 FR 33977 (June 16, the objectives of the Javits-Wagner- NPA: Winston-Salem Industries for the 2008) (‘‘Final Determination’’). O’Day Act (41 U.S.C. 46–48c) in Blind, Winston-Salem, NC. Scope of the Order connection with the services proposed Paper Cutter, Rotary Precision for addition to the Procurement List. NSN: 7520–01–483–8898. The merchandise covered by this NPA: The Lighthouse for the Blind, Inc. proceeding includes certain steel nails Comments on this certification are (Seattle Lighthouse), Seattle, WA. invited. Commenters should identify the having a shaft length up to 12 inches. Flashlight statement(s) underlying the certification Certain steel nails include, but are not NSN: 6230–01–513–3276—Flashlight, limited to, nails made of round wire and on which they are providing additional Aluminum, 3D, Blue. information. NPA: Central Association for the Blind & nails that are cut. Certain steel nails may be of one piece construction or End of Certification Visually Impaired, Utica, NY. Contracting Activity: General Services constructed of two or more pieces. The following services are proposed Administration, Office Supplies & Paper Certain steel nails may be produced for addition to the Procurement List for Products Acquisition Ctr, New York, NY. from any type of steel, and have a production by the nonprofit agencies variety of finishes, heads, shanks, point Kimberly M. Zeich, listed: types, shaft lengths and shaft diameters. Director, Program Operations. Finishes include, but are not limited to, Services [FR Doc. E8–17683 Filed 7–31–08; 8:45 am] coating in vinyl, zinc (galvanized, Service Type/Location: Custodial Services, BILLING CODE 6353–01–P whether by electroplating or hot- U.S. Department of Agriculture, Forest dipping one or more times), phosphate Service—District Office, 8181 Highway cement, and paint. Head styles include, 2, Rapid River, MI. NPA: Lakestate Industries, Escanaba, MI. DEPARTMENT OF COMMERCE but are not limited to, flat, projection, Contracting Activity: U.S. Department of cupped, oval, brad, headless, double, Agriculture, Hiawatha National Forest, International Trade Administration countersunk, and sinker. Shank styles Escanaba, MI. include, but are not limited to, smooth, [A–570–909] Service Type/Location: Custodial Services, barbed, screw threaded, ring shank and Walter Reed Army Medical Center, Glen Notice of Antidumping Duty Order: fluted shank styles. Screw-threaded Haven Annex and Forest Glen Annex, Certain Steel Nails From the People’s nails subject to this proceeding are (excluding Main Hospital and Armed Republic of China driven using direct force and not by Forces Institute of Pathology), 6900 turning the fastener using a tool that Georgia Avenue, Washington, DC. AGENCY: Import Administration, engages with the head. Point styles NPA: MVLE, Inc., Springfield, VA. International Trade Administration, include, but are not limited to, Contracting Activity: Department of the Department of Commerce. diamond, blunt, needle, chisel and no Army, National Region Contract Office, Washington, DC. SUMMARY: Based on affirmative final point. Finished nails may be sold in determinations by the Department of bulk, or they may be collated into strips Deletions Commerce (the ‘‘Department’’) and the or coils using materials such as plastic, Regulatory Flexibility Act Certification International Trade Commission paper, or wire. Certain steel nails (‘‘ITC’’), the Department is issuing an subject to this proceeding are currently I certify that the following action will antidumping duty order on certain steel classified under the Harmonized Tariff not have a significant impact on a nails from the People’s Republic of Schedule of the United States substantial number of small entities. China (‘‘PRC’’). On July 21, 2008, the (‘‘HTSUS’’) subheadings 7317.00.55, The major factors considered for this ITC notified the Department of its 7317.00.65 and 7317.00.75. certification were: affirmative determination of material Excluded from the scope of this 1. If approved, the action should not injury to a U.S. industry. See Certain proceeding are roofing nails of all result in additional reporting, Steel Nails from China, Investigation lengths and diameter, whether collated recordkeeping or other compliance No. 731–TA–1114 (Final), USITC or in bulk, and whether or not requirements for small entities. Publication 4022 (July 2008). galvanized. Steel roofing nails are 2. If approved, the action may result specifically enumerated and identified in authorizing small entities to furnish EFFECTIVE DATES: August 1, 2008 in ASTM Standard F 1667 (2005 the products to the Government. FOR FURTHER INFORMATION CONTACT: revision) as Type I, Style 20 nails. Also 3. There are no known regulatory Matthew Renkey or Alex Villanueva, excluded from the scope of this alternatives which would accomplish AD/CVD Operations, Office 9, Import proceeding are corrugated nails. A the objectives of the Javits-Wagner- Administration, International Trade corrugated nail is made of a small strip O’Day Act (41 U.S.C. 46–48c) in Administration, U.S. Department of of corrugated steel with sharp points on connection with the products proposed Commerce, 14th Street and Constitution one side. Also excluded from the scope for deletion from the Procurement List. Avenue, NW., Washington, DC 20230; of this proceeding are fasteners suitable telephone: (202) 482–2312, or (202) End of Certification for use in powder-actuated hand tools, 482–3208, respectively. not threaded and threaded, which are The following products are proposed SUPPLEMENTARY INFORMATION: currently classified under HTSUS for deletion from the Procurement List: 7317.00.20 and 7317.00.30. Also Background Products excluded from the scope of this Pad, Scouring In accordance with sections 735(d) proceeding are thumb tacks, which are NSN: 7920–01–499–1617. and 777(i)(1) of the Tariff Act of 1930, currently classified under HTSUS NPA: Beacon Lighthouse, Inc., Wichita Falls, as amended (the ‘‘Act’’), on June 16, 7317.00.10.00. Also excluded from the TX. 2008, the Department published Certain scope of this proceeding are certain

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brads and finish nails that are equal to Shanghai Verification Report.4 ITW In rebuttal, Petitioners contend that or less than 0.0720 inches in shank concludes that the Department should the Department correctly excluded the diameter, round or rectangular in cross correct this oversight, including both Indian imports of North Korean section, between 0.375 inches and 2.5 the margin calculation and the incorrect merchandise. Petitioners note that in inches in length, and that are collated statements in the IDM. PRC Furniture, the Department’s with adhesive or polyester film tape In rebuttal, Petitioners argue that the ultimate decision did not require backed with a heat seal adhesive. Also Department explicitly summarized and addressing Myanmar’s status as an NME excluded from the scope of this noted ITW’s arguments and correctly country. Petitioners further note that the proceeding are fasteners having a case rejected them in weighing the evidence Department has more recent, direct hardness greater than or equal to 50 and rendering its decision. Petitioners precedent with respect to North Korea, HRC, a carbon content greater than or contend that ITW’s allegation is both citing to Helical Spring Lock Washers equal to 0.5 percent, a round head, a contrary to the record evidence and from the People’s Republic of China: secondary reduced-diameter raised head does not constitute a ministerial error Final Results of Antidumping Duty section, a centered shank, and a smooth within the meaning of 19 CFR 351.224. Administrative Review, 73 FR 4175 symmetrical point, suitable for use in Petitioners conclude that the (January 24, 2008), and accompanying gas-actuated hand tools. Department’s determination was Issues and Decision Memorandum at While the HTSUS subheadings are deliberate and reflects a decision based Comment 3 (‘‘Helical Spring Lock provided for convenience and customs on the record evidence and argument. Washers’’), ‘‘Consistent with our determination in fish fillets from purposes, the written description of the Analysis scope of this investigation is dispositive. Vietnam, we have excluded Indian We disagree with ITW that we made imports from North Korea from our Ministerial Error Allegations a ministerial error in applying partial stainless SWR surrogate value On June 16, 2008, ITW 1 and Xingya AFA to its indirect labor factor of calculation.’’ Additionally, Petitioners Group 2 filed timely allegations that the production (‘‘FOP’’). ITW’s note that even though there has never Department made certain ministerial disagreement with our application of been a U.S. antidumping duty case errors in the calculation of their partial AFA is methodological, rather against North Korean imports requiring respective antidumping duty margins. than ministerial, in nature. We NME analysis, the Department may Petitioners 3 made no ministerial error affirmatively addressed this issue, determine to exclude a country’s trade allegations but on June 23, 2008, including ITW’s arguments, in data as being non-market without a case submitted timely rebuttal comments to Comment 20F of our IDM and explained history. See http://ia/ita.doc.gov/ ITW’s and Xingya Group’s allegations. that the record supported our finding admanual/admanual_ch08.pdf. that ITW failed to account for certain Ministerial errors are defined in section Analysis 735(e) of the Act as ‘‘errors in addition, indirect labor workers in its FOP data. subtraction, or other arithmetic The Department’s decision to exclude Comment 2: Improper Exclusion of Indian imports of North Korean function, clerical errors resulting from Indian Imports of North Korean inaccurate copying, duplication, or the merchandise was also methodological Merchandise for Three Surrogate rather than clerical in nature. As the two like, and any other similar type of Values unintentional error which the alleged errors discussed above do not Xingya Group argues that the meet the definition of a ministerial error {Secretary} considers ministerial.’’ Department improperly excluded Indian under 19 CFR 351.224(f), we are not Comment 1: Improper Application of imports of North Korean merchandise issuing an amended final determination. Partial Adverse Facts Available from the calculation of the surrogate Antidumping Duty Order (‘‘AFA’’) for ITW’s Indirect Labor values for three FOPs (collating copper- plated wire, collating stainless steel On July 21, 2008, in accordance with ITW contends that the Department section 735(d) of the Act, the ITC ignored the arguments it submitted in wire, and ink). Xingya Group states that it is the Department’s normal policy to notified the Department of its final its rebuttal brief, evidencing that ITW determination, pursuant to section properly reported all indirect labor include data from countries such as North Korea for which it has not made 735(b)(1)(A)(i) of the Act, that an hours. ITW further contends that the industry in the United States is Department’s Issues and Decision a determination as to their non-market economy (‘‘NME’’) status. Xingya Group materially injured by reason of less- Memorandum (‘‘IDM’’) that than-fair-value imports of subject accompanied the Final Determination cites to the final determination of the PRC Furniture investigation, where the merchandise from the PRC. Therefore, did not reflect an examination of the in accordance with section 736(a)(1) of record evidence it cited in support of its Department included Indian imports of plywood from Myanmar, even though the Act, the Department will direct U.S. argument, specifically exhibits 18A and Customs and Border Protection (‘‘CBP’’) 18B of the Department’s Paslode respondents alleged it was a NME. See Final Determination of Sales at Less to assess, upon further instruction by the Department, antidumping duties 1 Illinois Tool Works Inc., Paslode Division (‘‘ITW than Fair Value: Wooden Bedroom Paslode’’) and Paslode Fasteners (Shanghai) Co., Furniture from the People’s Republic of equal to the amount by which the Ltd. (‘‘Paslode Shanghai’’), (collectively, ‘‘ITW’’). China, 69 FR 67313 (November 17, normal value of the merchandise 2 Suzhou Xingya Nail Co., Ltd, Senco-Xingya 2004), and accompanying Issues and exceeds the export price (or constructed Metal Products (Taicang) Co., Ltd., Yunfa Decision Memorandum at Comment 70 export price) of the merchandise for all International Resources Inc., Senco Products, Inc. relevant entries of certain steel nails (‘‘Senco’’), and Omnifast Inc. (‘‘Omnifast’’) (‘‘PRC Furniture’’). (collectively ‘‘Xingya Group’’). from the PRC. These antidumping 3 Petitioners are: Mid Continent Nail Corporation; 4 See Memorandum to the File through Alex duties will be assessed on all Davis Wire Corporation; Gerdau Ameristeel Villanueva, Program Manager, Office 9, from Nicole unliquidated entries of certain steel Corporation (Atlas Steel & Wire Division); Maze Bankhead, Senior Case Analyst: Verification of the nails from the PRC entered, or Nails (Division of W.H. Maze Company); Treasure Sales and Factors Response of Paslode Fasteners Coast Fasteners, Inc.; and United Steel, Paper and (Shanghai) Co., Ltd. in the Antidumping withdrawn from the warehouse, for Forestry, Rubber, Manufacturing, Energy, Allied Investigation of Certain Steel Nails from the consumption on or after January 23, Industrial and Service Workers International Union. People’s Republic of China, dated April 15, 2008. 2008, the date on which the Department

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published its preliminary investigation. Therefore, we will Effective on the date of publication of determination. See Certain Steel Nails instruct CBP to lift suspension, release the ITC’s final affirmative injury from the People’s Republic of China: any bond or other security, and refund determination, CBP will require, at the Preliminary Determination of Sales at any cash deposit made to secure the same time as importers would normally Less Than Fair Value and Partial payment of antidumping duties with deposit estimated duties on this Affirmative Determination of Critical respect to entries of the merchandise merchandise, a cash deposit equal to the Circumstances and Postponement of entered, or withdrawn from warehouse, estimated weighted-average Final Determination, 73 FR 3928 for consumption on or after October 25, antidumping duty margins as listed (January 23, 2008) (‘‘Preliminary 2007, but before January 23, 2008 (i.e., below. See section 735(c)(3) of the Act. Determination’’). the 90 days prior to the date of The ‘‘PRC-wide’’ rate applies to all The ITC also notified the Department publication of the Preliminary exporters of subject merchandise not that it made a negative critical Determination). specifically listed. The weighted- circumstances determination in this average dumping margins are as follows:

CERTAIN STEEL NAILS FROM THE PRC WEIGHTED-AVERAGE DUMPING MARGINS

Weighted- average Exporter Producer margin (in percent)

Paslode Fasteners (Shanghai) Co., Ltd ...... Paslode Fasteners (Shanghai) Co., Ltd ...... 0.00 Xingya Group: Suzhou Xingya Nail Co., Ltd ...... Suzhou Xingya Nail Co., Ltd...... 21.24 Senco-Xingya Metal Products (Taicang) Co., Ltd. Senco-xingya Metal Products (Taicang) Co., Ltd Hong Kong Yu Xi Co., Ltd ...... Wuxi Chengye Metal Products Co., Ltd. Jisco Corporation ...... Qingdao Jisco Co., Ltd ...... 21.24 Koram Panagene Co., Ltd ...... Qingdao Koram Steel Co., Ltd ...... 21.24 Handuk Industrial Co., Ltd ...... Rizhao Handuk Fasteners Co., Ltd ...... 21.24 Handuk Industrial Co., Ltd ...... Rizhao Changxing Nail-Making Co., Ltd ...... 21.24 Kyung Dong Corp ...... Rizhao Qingdong Electric Appliance Co., Ltd ...... 21.24 Xi’an Metals & Minerals Import and Export Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 21.24 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 21.24 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Beijing Hongsheng Metal Products Co., Ltd ...... 21.24 Hebei Cangzhou New Century Foreign Trade Co., Ltd ...... Tianjin Dagang Huasheng Nailery Co., Ltd ...... 21.24 Chongqing Hybest Tools Group Co., Ltd ...... Chongqing Hybest Nailery Co., Ltd ...... 21.24 China Silk Trading & Logistics Co., Ltd ...... Maanshan Longer Nail Product Co., Ltd ...... 21.24 China Silk Trading & Logistics Co., Ltd ...... Wuxi Qiangye Metalwork Production Co., Ltd ...... 21.24 Beijing Daruixing Global Trading Co., Ltd ...... Beijing Tri-Metal Co., Ltd ...... 21.24 Beijing Daruixing Global Trading Co., Ltd ...... Beijing Daruixing Nail Products Co., Ltd ...... 21.24 Beijing Daruixing Global Trading Co., Ltd ...... Tianjin Kunxin Hardware Co., Ltd ...... 21.24 Beijing Daruixing Global Trading Co., Ltd ...... Tianjin Hewang Nail Making Factory ...... 21.24 Huanghua Jinhai Hardware Products Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 21.24 Beijing Daruixing Nail Products Co., Ltd ...... Beijing Daruixing Nail Products Co., Ltd ...... 21.24 Beijing Daruixing Nail Products Co., Ltd ...... Beijing Tri-Metal Co., Ltd ...... 21.24 Beijing Tri-Metal Co., Ltd ...... Beijing Tri-Metal Co., Ltd ...... 21.24 Beijing Tri-Metal Co., Ltd ...... Beijing Daruixing Nail Products Co., Ltd ...... 21.24 Cana (Tianjin) Hardware Ind., Co., Ltd ...... Cana (Tianjin) Hardware Ind., Co., Ltd ...... 21.24 China Staple Enterprise (Tianjin) Co., Ltd ...... China Staple Enterprise (Tianjin) Co., Ltd ...... 21.24 Hengshui Mingyao Hardware & Mesh Products Co., Ltd ...... Hengshui Mingyao Hardware & Mesh Products Co., Ltd ...... 21.24 Nanjing Dayu Pneumatic Gun Nails Co., Ltd ...... Nanjing Dayu Pneumatic Gun Nails Co., Ltd ...... 21.24 Qidong Liang Chyuan Metal Industry Co., Ltd ...... Qidong Liang Chyuan Metal Industry Co., Ltd ...... 21.24 Romp (Tianjin) Hardware Co., Ltd ...... Romp (Tianjin) Hardware Co., Ltd ...... 21.24 Shandong Dinglong Import & Export Co., Ltd ...... Qingyun Hongyi Hardware Factory ...... 21.24 Tianjin Jinchi Metal Products Co., Ltd ...... Tianjin Jinchi Metal Products Co., Ltd ...... 21.24 Tianjin Jurun Metal Products Co., Ltd ...... Tianjin Jurun Metal Products Co., Ltd ...... 21.24 Zhejiang Gem-Chun Hardware Accessory Co., Ltd ...... Zhejiang Gem-Chun Hardware Accessory Co., Ltd ...... 21.24 Huanghua Xionghua Hardware Products Co., Ltd ...... Huanghua Xionghua Hardware Products Co., Ltd ...... 21.24 Zhaoqing Harvest Nails Co., Ltd ...... Zhaoqing Harvest Nails Co., Ltd ...... 21.24 SDC International Australia Pty., Ltd ...... S-mart Tianjin Technology Development Co., Ltd ...... 21.24 SDC International Australia Pty., Ltd ...... Tianjin Jishili Hardware Co., Ltd ...... 21.24 SDC International Australia Pty., Ltd ...... Tianjin Baisheng Metal Product Co., Ltd ...... 21.24 SDC International Australia Pty., Ltd ...... Tianjin Foreign Trade (Group) Textile & Garment Co., Ltd ...... 21.24 SDC International Australia Pty., Ltd ...... Dagang Zhitong Metal Products Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Huanghua Shenghua Hardware Manufactory Factory ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Dagang Dongfu Metallic Products Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Dagang Jingang Nail Factory ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Dagang Linda Metallic Products Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Dagang Yate Nail Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Jieli Hengyuan Metallic Products Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Shishun Metallic Products Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Yihao Metallic Products Co., Ltd ...... 21.24 Tianjin Universal Machinery Imp & Exp Corporation ...... Tianjin Yongcang Metallic Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Shanxi Yuci Broad Wire Products Co., Ltd ...... 21.24

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CERTAIN STEEL NAILS FROM THE PRC WEIGHTED-AVERAGE DUMPING MARGINS—Continued

Weighted- average Exporter Producer margin (in percent)

Certified Products International Inc ...... Hengshui Mingyao Hardware & Mesh Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Zhonglian Metals Ware Co., Ltd ...... 21.24 Certified Products International Inc ...... Beijing Daruixing Nail Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Huanghua Xionghua Hardware Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Port Free Trade Zone Xiangtong Intnl. Industry & 21.24 Trade Corp. Certified Products International Inc ...... Shandong Dinglong Import & Export Co., Ltd ...... 21.24 Certified Products International Inc ...... Wuhu Shijie Hardware Co., Ltd ...... 21.24 Certified Products International Inc ...... Romp (Tianjin) Hardware Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Jurun Metal Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Yitian (Nanjing) Hardware Co., Ltd ...... 21.24 Certified Products International Inc ...... Nanjing Da Yu Pneumatic Gun Nails Co., Ltd ...... 21.24 Certified Products International Inc ...... Wintime Import & Export Corporation Limited of Zhongshan ... 21.24 Certified Products International Inc ...... Tianjin Chentai International Trading Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Longxing (Group) Huanyu Imp. & Exp. Co., Ltd ...... 21.24 Certified Products International Inc ...... Zhejiang Gem-Chun Hardware Accessory Co., Ltd ...... 21.24 Certified Products International Inc ...... Shanxi Pioneer Hardware Industrial Co., Ltd ...... 21.24 Certified Products International Inc ...... Wuhu Xin Lan De Industrial Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Zhitong Metal Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Suntec Industries Co., Ltd ...... 21.24 Certified Products International Inc ...... China Staple Enterprise (Tianjin) Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Jinghai County Hongli Industry & Business Co., Ltd ..... 21.24 Certified Products International Inc ...... Hebei Super Star Pneumatic Nails Co., Ltd ...... 21.24 Certified Products International Inc ...... Shanghai Chengkai Hardware Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Jinchi Metal Products Co., Ltd ...... 21.24 Certified Products International Inc ...... Shaoxing Chengye Metal Producting Co., Ltd ...... 21.24 Certified Products International Inc ...... Tianjin Shenyuan Steel Producting Group Co., Ltd ...... 21.24 Certified Products International Inc ...... Shanghai Jade Shuttle Hardware Tools Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Bosai Hardware Tools Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Beijing Yonghongsheng Metal Products Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin City Jinchi Metal Products Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Huanghua Huarong Hardware Products Co., Ltd ...... 21.24 Dezhou Hualude Hardware Product Co., Ltd ...... Huanghua Yufutai Hardware Products Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Qingyuan County Hongyi Hardware Products Factory ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Zhitong Metal Products Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Baisheng Metal Products Co., Ltd ...... 21.24 Dezhou Hualude Hardware Products Co., Ltd ...... Tianjin Dagang Hewang Nails Factory ...... 21.24 Shanxi Tianli Industries Co ...... Dingzhou Ruili Nail Production Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Haixing Hongda Hardware Production Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Huanghua Xinda Nail Production Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Huachang Metal Products Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Huapeng Metal Company ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Huasheng Nails Production Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Jin Gang Metal Products Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Kunxin Metal Products Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Linda Metal Company ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Xinyuansheng Metal Products Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Tianjin Yongyi Standard Parts Production Co., Ltd ...... 21.24 Shanxi Tianli Industries Co ...... Wuqiao Huifeng Hardware Production Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Wuqiao County Huifeng Hardware Products Factory ...... 21.24 Suntec Industries Co., Ltd ...... Wuqiao County Xinchuang Hardware Products Factory ...... 21.24 Suntec Industries Co., Ltd ...... Huanghua Jinhai Hardware Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Haixing Linhai Hardware Products Factory ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin Baisheng Metal Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin City Jinchi Metal Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin City Dagang Area Jinding Metal Products Factory ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin Jishili Hardware Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin Jietong Hardware Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin Ruiji Metal Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Tianjin Yongxu Metal Products Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Wuxi Baolin Nail-Making Machinery Co., Ltd ...... 21.24 Suntec Industries Co., Ltd ...... Suzhou Xingya Nail Co., Ltd ...... 21.24 Sinochem Tianjin Imp & Exp Shenzhen Corp ...... Tianjin JLHY Metal Products Co., Ltd ...... 21.24 Qingdao D&L Group Ltd ...... Tianjin City Daman Port Area Jinding Metal Products Factory 21.24 Qingdao D&L Group Ltd ...... Tianjin Yongxu Metal Products Co., Ltd ...... 21.24 Qingdao D&L Group Ltd ...... Huanghua Jinhai Metal Products Co., Ltd ...... 21.24 Qingdao D&L Group Ltd ...... Dong’e Fuqiang Metal Products Co., Ltd ...... 21.24 Tianjin Xiantong Material & Trade Co., Ltd ...... Tianjin Xiantong Fucheng Gun Nail Manufacture Co., Ltd ...... 21.24 Zhongshan Junlong Nail Manufactures Co., Ltd ...... Zhongshan Junlong Nail Manufactures Co., Ltd ...... 21.24

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CERTAIN STEEL NAILS FROM THE PRC WEIGHTED-AVERAGE DUMPING MARGINS—Continued

Weighted- average Exporter Producer margin (in percent)

Shandong Minmetals Co., Ltd ...... Shouguang Meiqing Nail Industry Co., Ltd ...... 21.24 Shouguang Meiqing Nail Industry Co., Ltd ...... Shouguang Meiqing Nail Industry Co., Ltd ...... 21.24 S-mart (Tianjin) Technology Development Co., Ltd ...... Tianjin Jishili Hardware Co., Ltd ...... 21.24 S-mart (Tianjin) Technology Development Co., Ltd ...... Tianjin Baisheng Metal Product Co., Ltd ...... 21.24 S-mart (Tianjin) Technology Development Co., Ltd ...... Tianjin Dagang Hewang Nail Factory ...... 21.24 S-mart (Tianjin) Technology Development Co., Ltd ...... Tianjin Shishun Metal Product Co., Ltd ...... 21.24 S-mart (Tianjin) Technology Development Co., Ltd ...... Tianjin Xinyuansheng Metal Product Co., Ltd ...... 21.24 S-mart (Tianjin) Technology Development Co., Ltd ...... Tianjin Yongchang Metal Product Co., Ltd ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Dagang Hewang Nails Manufacture Plant ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Dagang Jingang Nails Manufacture Plant ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Dagang Longhua Metal Products Plant ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Dagang Shenda Metal Products Co., Ltd ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Jietong Metal Products Co., Ltd ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Qichuan Metal Products Co., Ltd ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Tianjin Yongxu Metal Products Co., Ltd ...... 21.24 Tianjin Lianda Group Co., Ltd ...... Zhangjiagang Longxiang Packing Materials Co., Ltd ...... 21.24 Union Enterprise (Kunshan) Co., Ltd ...... Union Enterprise (Kunshan) Co., Ltd ...... 21.24 Beijing Hong Sheng Metal Products Co., Ltd ...... Beijing Hong Sheng Metal Products Co., Ltd ...... 21.24 PT Enterprise Inc ...... Shanxi Hairui Trade Co., Ltd ...... 21.24 PT Enterprise Inc ...... Shanxi Pioneer Hardware Industrial Co., Ltd ...... 21.24 PT Enterprise Inc ...... Shanxi Yuci Broad Wire Products Co., Ltd ...... 21.24 Shanxi Hairui Trade Co., Ltd ...... Shanxi Pioneer Hardware Industrial Co., Ltd ...... 21.24 Shanxi Hairui Trade Co., Ltd ...... Shanxi Yuci Broad Wire Products Co., Ltd ...... 21.24 Shanxi Pioneer Hardware Industrial Co., Ltd ...... Shanxi Pioneer Hardware Industrial Co., Ltd ...... 21.24 Shanxi Yuci Broad Wire Products Co., Ltd ...... Shanxi Yuci Broad Wire Products Co., Ltd ...... 21.24 Yitian Nanjing Hardware Co., Ltd ...... Yitian Nanjing Hardware Co., Ltd ...... 21.24 Chiieh Yung Metal Ind. Corp ...... Cym (Nanjing) Nail Manufacture Co., Ltd ...... 21.24 Shanghai Seti Enterprise International Co., Ltd ...... Suzhou Yaotian Metal Products Co., Ltd ...... 21.24 Shanghai Curvet Hardware Products Co., Ltd ...... Shanghai Curvet Hardware Products Co., Ltd ...... 21.24 Shanghai Curvet Hardware Product Co., Ltd ...... Shanghai Tengyu Hardware Tools Co., Ltd ...... 21.24 Shanghai Tengyu Hardware Tools Co., Ltd ...... Shanghai Tengyu Hardware Tools Co., Ltd ...... 21.24 Shanghai Tengyu Hardware Tools Co., Ltd ...... Shanghai Curvet Hardware Products Co., Ltd ...... 21.24 Xuzhou CIP International Group Co., Ltd ...... Xuzhou CIP International Group Co., Ltd ...... 21.24 Xuzhou CIP International Group Co., Ltd ...... Qingdao International Fastening Systems Inc ...... 21.24 Wuhu Shijie Hardware Co., Ltd ...... Wuhu Shijie Hardware Co., Ltd ...... 21.24 Wuhu Xin Lan De Industrial Co., Ltd ...... Wuhu Xin Lan De Industrial Co., Ltd ...... 21.24 Tianjin Zhonglian Metals Ware Co., Ltd ...... Tianjin Zhonglian Metals Ware Co., Ltd ...... 21.24 Jining Huarong Hardware Products Co., Ltd ...... Jining Huarong Hardware Products Co., Ltd ...... 21.24 Mingguang Abundant Hardware Products Co., Ltd ...... Mingguang Abundant Hardware Products Co., Ltd ...... 21.24 Shandong Oriental Cherry Hardware Group Co., Ltd ...... Shandong Oriental Cherry Hardware Group Co., Ltd ...... 21.24 Shandong Oriental Cherry Hardware Import and Export Co., Shandong Oriental Cherry Hardware Import and Export Co., 21.24 Ltd. Ltd. Shanghai Chengkai Hardware Product. Co., Ltd ...... Shanghai Chengkai Hardware Product. Co., Ltd ...... 21.24 Shanghai Jade Shuttle Hardware Tools Co., Ltd ...... Shanghai Jade Shuttle Hardware Tools Co., Ltd ...... 21.24 Shanghai Yueda Nails Industry Co., Ltd ...... Shanghai Yueda Nails Industry Co., Ltd ...... 21.24 Besco Machinery Industry (Zhejiang) Co., Ltd ...... Besco Machinery Industry (Zhejiang) Co., Ltd ...... 21.24 The Stanley Works (Langfang) Fastening Systems Co., Ltd ..... The Stanley Works (Langfang) Fastening Systems Co., Ltd .... 21.24 Guangdong Foreign Trade Import & Export Corporation ...... Shanghai Nanhui Jinjun Hardware Factory ...... 21.24 Tianjin Jinghai County Hongli Industry and Business Co., Ltd .. Tianjin Jinghai County Hongli Industry and Business Co., Ltd 21.24 PRC-Wide Rate ...... 118.04

This notice constitutes the Dated: July 28, 2008. DEPARTMENT OF COMMERCE antidumping duty order with respect to David M. Spooner, certain steel nails from the PRC Assistant Secretary for Import International Trade Administration pursuant to section 736(a) of the Act. Administration. Antidumping or Countervailing Duty Interested parties may contact the [FR Doc. E8–17714 Filed 7–31–08; 8:45 am] Order, Finding, or Suspended Department’s Central Records Unit, BILLING CODE 3510–DS–P Investigation; Advance Notification of Room 1117 of the main Commerce Sunset Reviews building, for copies of an updated list of antidumping duty orders currently in AGENCY: Import Administration, effect. International Trade Administration, This order is published in accordance Department of Commerce. with section 736(a) of the Act and 19 ACTION: Notice of Upcoming Sunset CFR 351.211. Reviews.

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SUPPLEMENTARY INFORMATION: review to determine whether revocation Upcoming Sunset Reviews for of a countervailing or antidumping duty September 2008 Background order or termination of an investigation Every five years, pursuant to section suspended under section 704 or 734 The following Sunset Reviews are 751(c) of the Tariff Act of 1930, as would be likely to lead to continuation scheduled for initiation in September amended, the Department of Commerce or recurrence of dumping or a 2008 and will appear in that month’s (‘‘the Department’’) and the countervailable subsidy (as the case may Notice of Initiation of Five-year Sunset International Trade Commission be) and of material injury. Reviews. automatically initiate and conduct a

Antidumping Duty Proceedings Department Contact

Barium Carbonate from the PRC (A–570–880) ...... Juanita Chen(202) 482–1904 Countervailing Duty Proceedings. No Sunset Review of countervailing duty proceedings are scheduled for initiation in September 2008.. Suspended Investigations. No Sunset Review of suspended investigations are scheduled for initiation in September 2008..

The Department’s procedures for the Dated: July 24, 2008. Department conduct an administrative conduct of Sunset Reviews are set forth Stephen J. Claeys, review of that antidumping or in 19 CFR 351.218. Guidance on Deputy Assistant Secretary for Import countervailing duty order, finding, or methodological or analytical issues Administration. suspended investigation. relevant to the Department’s conduct of [FR Doc. E8–17717 Filed 7–31–08; 8:45 am] Respondent Selection Sunset Reviews is set forth in the BILLING CODE 3510–DS–S Department’s Policy Bulletin 98.3-- In the event the Department limits the Policies Regarding the Conduct of Five- number of respondents for individual year (‘‘Sunset’’) Reviews of DEPARTMENT OF COMMERCE Antidumping and Countervailing Duty examination for administrative reviews Orders; Policy Bulletin, 63 FR 18871 International Trade Administration initiated pursuant to requests made for (April 16, 1998). The Notice of Initiation the orders identified below, the of Five-year (‘‘Sunset’’) Reviews Antidumping or Countervailing Duty Department intends to select provides further information regarding Order, Finding, or Suspended respondents based on U.S. Customs and what is required of all parties to Investigation; Opportunity To Request Border Protection (CBP) data for U.S. participate in Sunset Reviews. Administrative Review imports during the POR. We intend to Pursuant to 19 CFR 351.103(c), the release the CBP data under AGENCY: Import Administration, Department will maintain and make International Trade Administration, Administrative Protective Order (APO) available a service list for these Department of Commerce. to all parties having an APO within five proceedings. To facilitate the timely days of publication of the initiation FOR FURTHER INFORMATION CONTACT: preparation of the service list(s), it is Federal Register notice. Therefore, we Sheila E. Forbes, Office of AD/CVD requested that those seeking recognition encourage all parties interested in Operations, Customs Unit, Import as interested parties to a proceeding commenting on respondent selection to contact the Department in writing Administration, International Trade Administration, U.S. Department of submit their APO applications on the within 10 days of the publication of the date of publication of the initiation Notice of Initiation. Commerce, 14th Street and Constitution notice, or as soon thereafter as possible. Please note that if the Department Avenue, NW., Washington, DC 20230, receives a Notice of Intent to Participate telephone: (202) 482–4697. The Department invites comments regarding the CBP data and respondent from a member of the domestic industry Background within 15 days of the date of initiation, selection within 10 calendar days of the review will continue. Thereafter, Each year during the anniversary publication of the initiation Federal any interested party wishing to month of the publication of an Register notice. participate in the Sunset Review must antidumping or countervailing duty Opportunity to Request a Review: Not provide substantive comments in order, finding, or suspension of later than the last day of August 2008,1 response to the notice of initiation no investigation, an interested party, as interested parties may request an later than 30 days after the date of defined in section 771(9) of the Tariff administrative review of the following initiation. Act of 1930, as amended (the Act), may orders, findings, or suspended request, in accordance with section This notice is not required by statute investigations, with anniversary dates in but is published as a service to the 351.213 of the Department of Commerce August for the following periods: international trading community. (the Department) regulations, that the

Period

Antidumping Duty Proceeding Germany: Corrosion-Resistant Carbon Steel Flat Products, A–428–815 ...... 8/1/07–7/31/08 Seamless Line and Pressure Pipe, A–428–820 ...... 8/1/07–7/31/08

1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.

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Period

Italy: Granular Polytetrafluoroethylene Resin, A–475–703 ...... 8/1/07–7/31/08 Japan: Brass Sheet & Strip, A–588–704 ...... 8/1/07–7/31/08 Granular Polytetrafluoroethylene Resin, A–588–707 ...... 8/1/07–7/31/08 Tin Mill Products, A–588–854 ...... 8/1/07–7/31/08 Malaysia: Polyethylene Retail Carrier Bags, A–557–813 ...... 8/1/07–7/31/08 Mexico: Gray Portland Cement and Cement Clinker, A–201–802 ...... 8/1/07–7/31/08 Republic of Korea: Corrosion-Resistant Carbon Steel Flat Products, A–580–816 ...... 8/1/07–7/31/08 Romania: Carbon and Alloy Seamless Standard, Line, and Pressure Pipe (Under 41⁄2 Inches), A–485–805 ...... 8/1/07–7/31/08 Thailand: Canned Pineapple Fruit 2, A–549–813 ...... 7/1/07–10/31/07 Polyethylene Retail Carrier Bags, A–549–821 ...... 8/1/07–7/31/08 The People’s Republic of China: Floor Standing Metal-Top Ironing Tables and Parts Thereof, A–570–888 ...... 8/1/07–7/31/08 Petroleum Wax Candles, A–570–504 ...... 8/1/07–7/31/08 Polyethylene Retail Carrier Bags, A–570–886 ...... 8/1/07–7/31/08 Sulfanilic Acid, A–570–815 ...... 8/1/07–7/31/08 Tetrahydrofurfuryl Alcohol, A–570–887 ...... 8/1/07–7/31/08 Vietnam: Frozen Fish Fillets, A–552–801 ...... 8/1/07–7/31/08 Countervailing Duty Proceedings Republic of Korea: Corrosion-Resistant Carbon Steel Plate, C–580–818 ...... 1/1/07–12/31/07 Dynamic Random Access Memory Semiconductors, C–580–851 ...... 1/1/07–12/31/07 Stainless Steel Sheet and Strip in Coils, C–580–835 ...... 1/1/07–12/31/07 Suspension Agreements None.

In accordance with 19 CFR prior segments, the Department will not to the Office of Antidumping/ 351.213(b), an interested party as accept a request for an administrative Countervailing Operations, Attention: defined by section 771(9) of the Act may review of that party absent new Sheila Forbes, in room 3065 of the main request in writing that the Secretary information as to the party’s location. Commerce Building. Further, in conduct an administrative review. For Moreover, if the interested party who accordance with 19 CFR 351.303(f)(l)(i), both antidumping and countervailing files a request for review is unable to a copy of each request must be served duty reviews, the interested party must locate the producer or exporter for on every party on the Department’s specify the individual producer(s) or which it requested the review, the service list. exporter(s) covered by an antidumping interested party must provide an The Department will publish in the finding, an antidumping or explanation of the attempts it made to Federal Register a notice of ‘‘Initiation countervailing duty order, or a locate the producer or exporter at the of Administrative Review of suspension agreement for which it is same time it files its request for review, Antidumping or Countervailing Duty requesting a review, and the requesting in order for the Secretary to determine Order, Finding, or Suspended party must state why it desires the if the interested party’s attempts were Investigation’’ for requests received by Secretary to review the particular reasonable, pursuant to 19 CFR the last day of August 2008. If the producer(s) or exporter(s).3 If the 351.303(f)(3)(ii). Department does not receive, by the last interested party intends for the As explained in Antidumping and day of August 2008, a request for review Secretary to review sales of merchandise Countervailing Duty Proceedings: of entries covered by an order, finding, by an exporter (or a producer if that Assessment of Antidumping Duties, 68 or suspended investigation listed in this producer also exports merchandise from FR 23954 (May 6, 2003), the Department notice and for the period identified other suppliers) which was produced in has clarified its practice with respect to above, the Department will instruct CBP more than one country of origin and the collection of final antidumping to assess antidumping or countervailing each country of origin is subject to a duties on imports of merchandise where duties on those entries at a rate equal to separate order, then the interested party intermediate firms are involved. The the cash deposit of (or bond for) must state specifically, on an order-by- public should be aware of this estimated antidumping or order basis, which exporter(s) the clarification in determining whether to countervailing duties required on those request is intended to cover. request an administrative review of entries at the time of entry, or Please note that, for any party the merchandise subject to antidumping withdrawal from warehouse, for Department was unable to locate in findings and orders. See also the Import consumption and to continue to collect Administration Web site at http:// the cash deposit previously ordered. This notice is not required by statute 2 This case was inadvertently omitted from the ia.ita.doc.gov. but is published as a service to the opportunity notice that published on July 11, 2008 Six copies of the request should be (73 FR 39948). international trading community. 3 submitted to the Assistant Secretary for If the review request involves a non-market Dated: July 28, 2008. economy country and the parties subject to the Import Administration, International review request do not qualify for separate rates, all Trade Administration, Room 1870, U.S. Stephen J. Claeys, other exporters of subject merchandise from the Department of Commerce, 14th Street & Deputy Assistant Secretary for Import non-market economy country who do not have a Administration. separate rate will be covered by the review as part Constitution Avenue, NW., Washington, of the single entity of which the named firms are DC 20230. The Department also asks [FR Doc. E8–17713 Filed 7–31–08; 8:45 am] a part. parties to serve a copy of their requests BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE used to study the microstructure and DEPARTMENT OF COMMERCE composition of material used in International Trade Administration photovoltaic (solar cell) applications, International Trade Administration mostly semiconductor materials. It will Applications for Duty-Free Entry of also be used to characterize a variety of Initiation of Five-year (‘‘Sunset’’) Scientific Instruments nano-structured materials such as Review Pursuant to Section 6(c) of the quantum dots and carbon nanotubes. Educational, Scientific and Cultural Application accepted by Commissioner AGENCY: Import Administration, Materials Importation Act of 1966 (Pub. of Customs: June 12, 2008. International Trade Administration, L. 89–651, as amended by Public Law Docket Number: 08–031. Applicant: Department of Commerce. 106–36; 80 Stat. 897; 15 CFR part 301), University of Rochester Medical Center, SUMMARY: In accordance with section we invite comments on the question of 575 Elmwood Avenue, Box 626, 751(c) of the Tariff Act of 1930, as whether instruments of equivalent Rochester, NY 14642. Instrument: amended (‘‘the Act’’), the Department of scientific value, for the purposes for Electron Microscope, Hitachi H–7650. Commerce (‘‘the Department’’) is Manufacturer: Hitachi High- which the instruments shown below are automatically initiating a five-year Technologies Corp., Japan. Intended intended to be used, are being review (‘‘Sunset Review’’) of the Use: The instrument is intended to be manufactured in the United States. antidumping and countervailing duty Comments must comply with 15 CFR used to perform nanotoxicology orders listed below. The International 301.5(a)(3) and (4) of the regulations and experiments on biological tissues and be postmarked on or before August 21, cells. Specifically, the instrument will Trade Commission (‘‘the Commission’’) 2008. Address written comments to be used to find and confirm the is publishing concurrently with this Statutory Import Programs Staff, Room presence of nanoparticle elements in notice its notice of Institution of Five- 2104, U.S. Department of Commerce, biological tissue. Application accepted year Review which covers the same Washington, DC 20230. Applications by Commissioner of Customs: June 19, orders. may be examined between 8:30 a.m. and 2008. EFFECTIVE DATE: August 1, 2008. 5 p.m. at the U.S. Department of Docket Number: 08–035. Applicant: Commerce in Room 2104. Washington State University, French FOR FURTHER INFORMATION CONTACT: The Docket Number: 08–022. Applicant: Administration Building, 220, P.O. Box Department official identified in the National Renewable Energy Laboratory, 641020, Pullman, Washington 99164– Initiation of Review section below at 1617 Cole Blvd., Golden, CO 80401. 1020. Instrument: Electron Microscope, AD/CVD Operations, Import Instrument: Electron Microscope, Model Model FEI Quanta 200. Manufacturer: Administration, International Trade Quanta 600 FEG. Manufacturer: FEI FEI Company, Czech Republic. Intended Administration, U.S. Department of Company, Czech Republic. Intended Use: The instrument is intended to be Commerce, 14th Street & Constitution Use: The instrument is intended to be used for several purposes, including the Ave., NW, Washington, DC 20230. For used to study the microstructure and following: Researching the cell biology information from the Commission composition of material used in of certain plant tissue (e.g., the phloem) contact Mary Messer, Office of photovoltaic (solar cell) applications and studying plant systematics and Investigations, U.S. International Trade (mostly semiconductor materials). It evolution, researching particle and Commission at (202) 205–3193. will also be used to characterize a microbial material surface interactions, variety of nano-structured materials and studying the physical chemistry of SUPPLEMENTARY INFORMATION: such as quantum dots and carbon polymers and composites. Application nanotubes. Application accepted by accepted by Commissioner of Customs: Background Commissioner of Customs: May 8, 2008. July 3, 2008. The Department’s procedures for the Docket Number: 08–025. Applicant: Docket Number: 08–037. Applicant: conduct of Sunset Reviews are set forth Oklahoma State University, 203 Duke University, 2351 Erwin Rd., in its Procedures for Conducting Five- Whitehurst, Stillwater, OK 74078–3011. Durham, NC 27710. Instrument: Instrument: Electron Microscope, Model Electron Microscope, Model JEM–1400. year (‘‘Sunset’’) Reviews of Quanta 600 FEG. Manufacturer: FEI Manufacturer: JEOL, Ltd., Japan. Antidumping and Countervailing Duty Company, Czech Republic. Intended Intended Use: The instrument is Orders, 63 FR 13516 (March 20, 1998) Use: This instrument will be used to intended to be used for ultra structural and 70 FR 62061 (October 28, 2005). study the basic properties of various analysis and immunolocalization of Guidance on methodological or types of nanomaterials. Specifically, the proteins. The experiment aims at analytical issues relevant to the instrument is intended to be used to defining the ultra structures of normal Department’s conduct of Sunset investigate microbial interactions with and diseased tissues of the visual Reviews is set forth in the Department’s geologic media, including the role of system and at the localization of specific Policy Bulletin 98.3 - Policies Regarding microbial nanowires in geoelectrical proteins important for function within the Conduct of Five-year (≥Sunset’’) properties of biostimulated sediments. the tissues, in an effort to preserve and Reviews of Antidumping and Application accepted by Commissioner restore sight. Application accepted by Countervailing Duty Orders: Policy of Customs: May 9, 2008. Commissioner of Customs: July 18, Bulletin, 63 FR 18871 (April 16, 1998). Docket Number: 08–028. Applicant: 2008. National Renewable Energy Laboratory, Initiation of Review 1617 Cole Blvd., Golden, CO 80401. Dated: July 29, 2008. Instrument: Electron Microscope, Model Faye Robinson, In accordance with 19 CFR NOVA 630 NanoSEM. Manufacturer: Director, Statutory Import Programs Staff. 351.218(c), we are initiating the Sunset FEI Company, Czech Republic. Intended [FR Doc. E8–17702 Filed 7–31–08; 8:45 am] Review of the following antidumping Use: The instrument is intended to be BILLING CODE 3510–DS–P and countervailing duty orders:

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DOC Case No. ITC Case No. Country Product Department Contact

A–570–849 ...... 731–TA–753 PRC Cut–to-Length Carbon Steel Demitrios Kalogeropoulos (202) 482–2623 (Second Review) A–821–808 ...... 731–TA–754 Russia Cut–to-Length Carbon Steel Sally Gannon (202) 482–0162 (Second Review) (Suspended) A–823–808 ...... 731–TA–756 Ukraine Cut–to-Length Carbon Steel Judith Rudman (202) 482–0192 (Second Review) (Suspended)

Filing Information participate from at least one domestic DEPARTMENT OF COMMERCE As a courtesy, we are making interested party by the 15-day deadline, International Trade Administration information related to Sunset the Department will automatically proceedings, including copies of the revoke the order without further review. A–533–809 pertinent statute and Department’s See 19 CFR 351.218(d)(1)(iii). regulations, the Department schedule If we receive an order–specific notice Certain Forged Stainless Steel Flanges for Sunset Reviews, a listing of past of intent to participate from a domestic from India; Preliminary Intent to revocations and continuations, and interested party, the Department’s Rescind Administrative Review and current service lists, available to the regulations provide that all parties Rescission in Part public on the Department’s sunset wishing to participate in the Sunset Internet Web site at the following AGENCY: Import Administration, Review must file complete substantive address: ‘‘http://ia.ita.doc.gov/sunset/.’’ International Trade Administration, responses not later than 30 days after All submissions in these Sunset Department of Commerce. Reviews must be filed in accordance the date of publication in the Federal SUMMARY: The Department of Commerce with the Department’s regulations Register of this notice of initiation. The (the Department) is conducting an regarding format, translation, service, required contents of a substantive administrative review of the and certification of documents. These response, on an order–specific basis, are antidumping duty order on certain rules can be found at 19 CFR 351.303. set forth at 19 CFR 351.218(d)(3). Note forged stainless steel flanges (stainless Pursuant to 19 CFR 351.103 (c), the that certain information requirements steel flanges) from India manufactured Department will maintain and make differ for respondent and domestic by Pradeep Metals Limited (Pradeep), available a service list for these parties. Also, note that the Department’s Echjay Forgings Pvt., Ltd. (Echjay) and proceedings. To facilitate the timely information requirements are distinct Hotmetal Forge (India) Pvt, Ltd. preparation of the service list(s), it is from the Commission’s information (Hotmetal). The period of review (POR) requested that those seeking recognition requirements.1 Please consult the is February 1, 2007, through January 31, as interested parties to a proceeding Department’s regulations for 2008. We preliminarily determine that contact the Department in writing information regarding the Department’s Pradeep had no bona fide U.S. sales within 10 days of the publication of the conduct of Sunset Reviews. Please during the period of review (POR), and Notice of Initiation. consult the Department’s regulations at therefore, we intend to rescind the Because deadlines in Sunset Reviews review. We are also rescinding the 19 CFR Part 351 for definitions of terms can be very short, we urge interested review with respect to Echjay and and for other general information parties to apply for access to proprietary Hotmetal because they both withdrew information under administrative concerning antidumping and their requests for the review, and no protective order (‘‘APO’’) immediately countervailing duty proceedings at the other party requested a review of these following publication in the Federal Department. companies. Register of this notice of initiation by This notice of initiation is being We invite interested parties to filing a notice of intent to participate. published in accordance with section comment on this preliminary intent to The Department’s regulations on 751(c) of the Act and 19 CFR 351.218 rescind with respect to Pradeep. Parties submission of proprietary information (c). who submit argument in these and eligibility to receive access to proceedings are requested to submit Dated: July 24, 2008. business proprietary information under with the argument: (1) a statement of the APO can be found at 19 CFR 351.304– Stephen J. Claeys, issues; and (2) a brief summary of the 306. Deputy Assistant Secretary for Import argument. Administration. Information Required from Interested EFFECTIVE DATE: August 1, 2008. [FR Doc. E8–17709 Filed 7–31–08; 8:45 am] Parties FOR FURTHER INFORMATION CONTACT: Fred BILLING CODE 3510–DS–S Domestic interested parties defined in Baker or Robert James, AD/CVD section 771(9)(C), (D), (E), (F), and (G) of Operations, Office 7, Import the Act and 19 CFR 351.102(b)) wishing Administration, International Trade to participate in a Sunset Review must Administration, U.S. Department of respond not later than 15 days after the 1 In comments made on the interim final sunset Commerce, 14th Street and Constitution date of publication in the Federal regulations, a number of parties stated that the Avenue, NW, Washington, DC 20230; Register of this notice of initiation by proposed five-day period for rebuttals to telephone: (202) 482–2924 or (202) 482– filing a notice of intent to participate. substantive responses to a notice of initiation was 0649, respectively. insufficient. This requirement was retained in the The required contents of the notice of SUPPLEMENTARY INFORMATION: final sunset regulations at 19 CFR 351.218(d)(4). As intent to participate are set forth at 19 provided in 19 CFR 351.302(b), however, the Background CFR 351.218(d)(1)(ii). In accordance Department will consider individual requests to with the Department’s regulations, if we extend that five-day deadline based upon a showing On February 9, 1994, the Department do not receive a notice of intent to of good cause. published the antidumping duty order

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on stainless steel flanges from India. See Rescission in Part to assess antidumping duties at the cash Amended Final Determination and As indicated above, on April 25, 2008, deposit rate in effect on the date of entry Antidumping Duty Order; Certain and June 5, 2008, Echjay and Hotmetal, for entries of subject merchandise Forged Stainless Steel Flanges from respectively, withdrew their requests for produced and/or exported by Echjay or India, 59 FR 5994 (February 9, 1994) administrative review. Pursuant to 19 Hotmetal during the period February 1, (Amended Final Determination). On CFR 351.213(d)(1), the Secretary will 2007 through January 31, 2008. February 15, 2008, we received a rescind an administrative review, in With respect to Pradeep, if a final request for an administrative review whole or in part, if the party who rescission notice is published at the from Echjay for the period February 1, requested the review withdraws the completion of this administrative 2007 through January 31, 2008. On request within ninety days of the date review, a cash deposit rate of 162.14 February 25, 2008, and February 29, of publication of notice of initiation of percent ad valorem shall continue to be the requested review. Because Echjay 2008, we received requests from collected for any entries produced by Pradeep and Hotmetal, respectively, for and Hotmetal withdrew their requests Pradeep. Should the Department reach a administrative reviews for the same for review within the 90-day period and final result other than a rescission, we period. On March 31, 2008, we initiated no other party requested a review of will calculate an appropriate the administrative review. See Initiation their sales, in accordance with 19 CFR antidumping duty rate for both of Antidumping and Countervailing 351.213(d)(1), we are rescinding this assessment and cash deposit purposes. Duty Administrative Reviews, Request review with respect to these companies. The Department intends to issue for Revocation in Part, and Deferral of Intent to Rescind Administrative Review, 73 FR 16837 assessment instructions to CBP fifteen As indicated above, we have (March 31, 2008). days after the date of publication of the preliminarily determined that Pradeep’s final rescission or final results of On April 2, 2008, the Department single sale to the United States during review. issued its questionnaire to Pradeep. the POR was not bona fide. We based The Department clarified its Pradeep submitted its section A our determination on the following response on April 29, 2008, and its factors: (1) the timing of the sale; (2) the ‘‘automatic assessment’’ regulation on section B and C responses on May 8, U.S. price and expenses associated with May 6, 2003. See Notice of Policy 2008. the sale were high; and (3) the sale Concerning Assessment of Antidumping involved a method of shipping not Duties, 68 FR 23954 (May 6, 2003) On April 25, 2008, Echjay withdrew (Assessment Policy Notice). This its request for administrative review. On standard for the industry. For further clarification will apply to entries of June 5, 2008, Hotmetal withdrew its information, see the Memorandum to subject merchandise during the POR request for administrative review. the File, ‘‘Bona Fide Nature of the Sale in the Administrative Review of produced by Pradeep for which Pradeep Scope of the order Pradeep Metals Limited,’’ dated July 28, did not know that the merchandise it 2008, for a complete explanation of our sold to an intermediary (e.g., a reseller, The products covered by this order analysis. Based on these factors, we trading company, or exporter) was are certain forged stainless steel flanges, preliminarily intend to rescind this destined for the United States. In such both finished and not finished, administrative review. instances, we will instruct CBP to generally manufactured to specification Public Comment liquidate unreviewed entries at the ASTM A–182, and made in alloys such 162.14 percent all–others rate Interested parties are invited to as 304, 304L, 316, and 316L. The scope established in the original less than fair comment on this preliminary intent to includes five general types of flanges. value (LTFV) investigation if there is no They are weld–neck, used for butt–weld rescind. Pursuant to 19 CFR rate for the intermediary involved in the line connection; threaded, used for 351.309(c)(1)(ii), interested parties may transaction. See Assessment Policy threaded line connections; slip–on and submit case briefs no later than 30 days Notice for a full discussion of this lap joint, used with stub–ends/butt– after the date of publication of this clarification. weld line connections; socket weld, notice. Pursuant to 19 CFR 351.309(d), used to fit pipe into a machined rebuttal briefs, limited to issues raised Notification to Interested Parties recession; and blind, used to seal off a in the case briefs and comments, may be line. The sizes of the flanges within the filed no later than 5 days after the time This notice also serves as a scope range generally from one to six limit for filing the case briefs. Parties preliminary reminder to importers of inches; however, all sizes of the above– who submit argument in these their responsibility under 19 CFR described merchandise are included in proceedings are requested to submit 351.402(f) to file a certificate regarding with the argument: (1) a statement of the the scope. Specifically excluded from the reimbursement of antidumping issue; (2) a brief summary of the the scope of this order are cast stainless duties prior to liquidation of the argument; and (3) a table of authorities. steel flanges. Cast stainless steel flanges relevant entries during this review Further, the Department requests parties period. Failure to comply with this generally are manufactured to submitting written comments to provide requirement could result in the specification ASTM A–351. The flanges the Department with an additional copy Secretary’s presumption that subject to this order are currently of the public version of any such classifiable under subheadings comments on diskette. reimbursement of antidumping duties 7307.21.1000 and 7307.21.5000 of the occurred and the subsequent assessment Harmonized Tariff Schedule (HTS). Assessment Rates of double antidumping duties. Although the HTS subheading is The Department will issue We are issuing and publishing this provided for convenience and customs appropriate assessment instructions for notice in accordance with sections purposes, the written description of the Echjay and Hotmetal directly to the U.S. 751(a)(1) and 777(i)(1) of the Tariff Act merchandise under review is dispositive Customs and Border Protection (CBP) and 19 CFR 351.221(b)(4). of whether or not the merchandise is fifteen days after the publication of this covered by the scope of the order. notice. The Department will direct CBP

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Dated: July 28, 2008. facility. These permit conditions will ADDRESSES: The meeting will be held at Stephen J. Claeys, assure the facility has a minimal affect the Holiday Inn, One Newbury Street, Deputy Assistant Secretary for Import on the environment and on other fishery Route 1, Peabody, MA 01960; telephone: Administration. resources. Compliance with the (978) 535–4600. [FR Doc. E8–17711 Filed 7–31–08; 8:45 am] conditions will be evaluated annually Council address: New England BILLING CODE 3510–DS–S for the duration of the permit as the Fishery Management Council, 50 Water basis for renewal of the permit for the Street, Mill 2, Newburyport, MA 01950. next year. FOR FURTHER INFORMATION CONTACT: Paul DEPARTMENT OF COMMERCE A copy of the agenda and related J. Howard, Executive Director, New materials can be obtained by calling the England Fishery Management Council; National Oceanic and Atmospheric Council office at (813) 348–1630. telephone: (978) 465–0492. Administration Although other non-emergency issues RIN 0648–XJ44 not on the agendas may come before the SUPPLEMENTARY INFORMATION: The items SEP for discussion, in accordance with of discussion in the committee’s agenda Gulf of Mexico Fishery Management the Magnuson-Stevens Fishery are as follows: Council; Public Meetings Conservation and Management Act The Groundfish Oversight Committee (Magnuson-Stevens Act), those issues will meet to continue development of AGENCY: National Marine Fisheries may not be the subject of formal action Amendment 16 to the Northeast Service (NMFS), National Oceanic and during this meeting. Actions of the SEP Multispecies Fishery Management Plan Atmospheric Administration (NOAA), will be restricted to those issues (FMP). Amendment 16 will adjust Commerce. specifically identified in the agendas management measures as necessary to ACTION: Notice of a public meeting. and any issues arising after publication continue stock rebuilding. The of this notice that require emergency Committee will review preliminary SUMMARY: The Gulf of Mexico Fishery action under Section 305(c) of the Management Council (Council) will reports of stock status. Based on that Magnuson-Stevens Act, provided the convene its Socioeconomic Panel (SEP). information, Committee members will public has been notified of the Council’s begin to develop recommendations for DATES: The meeting will be convene at intent to take action to address the any adjustments to rebuilding plans that 8:30 a.m. on Tuesday, August 19, 2008 emergency. are needed. This will include and conclude no later than 5 p.m. on Special Accommodations recommendations for target fishing Wednesday, August 20, 2008. mortality rates as well as changes to ADDRESSES: The meeting will be held at This meeting is physically accessible measures that will achieve the targeted the Embassy Suites, 555 N. Westshore to people with disabilities. Requests for rates. The Committee may also review Blvd., Tampa, FL 33609; telephone: sign language interpretation or other sector policies, the setting of annual (813) 875–1555. auxiliary aids should be directed to Tina catch limits, accountability measures, Council address: Gulf of Mexico O’Hern at the Council (see ADDRESSES) and other amendment alternatives. Fishery Management Council, 2203 at least 5 working days prior to the Committee recommendations will be North Lois Avenue, Suite 1100, Tampa, meeting. presented to the New England Fishery FL 33607. Dated: July 29, 2008. Management Council at a later meeting. FOR FURTHER INFORMATION CONTACT: Dr. Tracey L. Thompson, Although non-emergency issues not Assane Diagne, Economist, Gulf of Acting Director, Office of Sustainable contained in this agenda may come Mexico Fishery Management Council; Fisheries, National Marine Fisheries Service. before this group for discussion, those telephone: (813) 348–1630. [FR Doc. E8–17642 Filed 7–31–08; 8:45 am] issues may not be the subject of formal SUPPLEMENTARY INFORMATION: The Gulf BILLING CODE 3510–22–S action during this meeting. Action will of Mexico Fishery Management Council be restricted to those issues specifically (Council) will convene its identified in this notice and any issues Socioeconomic Panel (SEP) to discuss DEPARTMENT OF COMMERCE arising after publication of this notice Reef Fish Amendment 29, the that require emergency action under Aquaculture Fishery Management Plan National Oceanic and Atmospheric section 305(c) of the Magnuson-Stevens (FMP), draft principles for allocation, Administration Fishery Conservation and Management and socio-economic aspects of RIN: 0648–XJ43 Act, provided the public has been allocation. Reef Fish Amendment 29 notified of the Council’s intent to take proposes to rationalize effort and reduce New England Fishery Management final action to address the emergency. overcapacity in the commercial grouper Council; Public Meeting Special Accommodations and tilefish fisheries in order to achieve and maintain optimum yield (OY). AGENCY: National Marine Fisheries This meeting is physically accessible Effort management approaches Service (NMFS), National Oceanic and to people with disabilities. Requests for considered in this amendment include Atmospheric Administration (NOAA), sign language interpretation or other permit endorsements and the Commerce. auxiliary aids should be directed to Paul implementation of an Individual ACTION: Notice of a public meeting. J. Howard (see ADDRESSES) at least 5 Fishing Quota (IFQ) program. The days prior to the meeting date. SUMMARY: The New England Fishery Aquaculture FMP will require persons Authority: 16 U.S.C. 1801 et seq. to obtain a permit from NMFS to Management Council’s (Council) participate in aquaculture by Groundfish Oversight Committee will Dated: July 29, 2008. constructing an aquaculture facility in meet to consider actions affecting New Tracey L. Thompson, the EEZ of the Gulf of Mexico. Each England fisheries in the exclusive Acting Director, Office of Sustainable application for a permit must comply economic zone (EEZ). Fisheries, National Marine Fisheries Service. with many permit conditions related to DATES: The meeting will be held on [FR Doc. E8–17733 Filed 7–31–08; 8:45 am] record keeping and operation of the Tuesday, August 26, 2008, at 9 a.m. BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE Special Accommodations SUPPLEMENTARY INFORMATION: On This meeting is physically accessible November 29, 2004, the President National Oceanic and Atmospheric to people with disabilities. Requests for issued a Memorandum for the Heads of Administration sign language interpretation or other Executive Departments and Agencies on RIN 0648–XJ47 auxiliary aids should be directed to Ms. the subject of ‘‘Spectrum Management 1 Carolyn Porter at (503) 820–2280 at least for the 21st Century.’’ Among other Pacific Fishery Management Council; 5 days prior to the meeting date. things, the Executive Memorandum Public Meeting directed the heads of the executive Dated: July 29, 2008. departments and agencies to implement AGENCY: National Marine Fisheries Tracey L. Thompson, the recommendations contained in two Service (NMFS), National Oceanic and Acting Director, Office of Sustainable Commerce Department reports to the Atmospheric Administration (NOAA), Fisheries, National Marine Fisheries Service. President identifying improvement in Commerce. [FR Doc. E8–17643 Filed 7–31–08; 8:45 am] U.S. spectrum management.2 The first ACTION: Notice of public meetings. BILLING CODE 3510–22–S recommendation in Report 2 called for the establishment of a federal advisory SUMMARY: The Pacific Fishery committee by the National Management Council’s (Council)Coastal DEPARTMENT OF COMMERCE Telecommunications and Information Pelagic Species Management Team Administration (NTIA).3 (CPSMT) and Coastal Pelagic Species National Telecommunications and Pursuant to the Executive Advisory Subpanel (CPSAS) will hold a Information Administration Memorandum, the Secretary of joint work session by telephone Commerce established the CSMAC conference, which is open to the public, Notice: Call for Applications, under the Federal Advisory Committee to develop recommendations for the Commerce Spectrum Management Act, 5 U.S.C. App. 2 and consistent with September 2008 Council meeting. Advisory Committee the National Telecommunications and DATES: The telephone conference will be AGENCY: National Telecommunications Information Administration Act, 47 held Tuesday, August 19, 2008, from 1 and Information Administration, U.S. U.S.C. § 904(b). The CSMAC reports to p.m. to 5 p.m. or when business for the Department of Commerce the Assistant Secretary for day is completed. ACTION: Notice and Request for Communications and Information. It ADDRESSES: A listening station will be Applications to Serve on Advisory advises the Assistant Secretary on available at the Pacific Fishery Committee needed reforms to domestic spectrum Management Council, Small Conference policies and management to enable the Room, 7700 NE Ambassador Place, SUMMARY: The National introduction of new spectrum- Suite 101, Portland, OR 97220–1384; Telecommunications and Information dependent technologies and services, telephone: (503) 820–2280. Administration (NTIA) is seeking including policy reforms for expediting Council address: Pacific Fishery applications from persons interested in the American public’s access to Management Council, 7700 NE serving on the Commerce Spectrum broadband services, public safety, and Ambassador Place, Suite 101, Portland, Management Advisory Committee digital television, as well as on long- OR 97220–1384. (CSMAC) for new two year terms to range spectrum planning. The CSMAC commence in December 2008. The functions solely as an advisory body in FOR FURTHER INFORMATION CONTACT: Mr. compliance with the FACA. The Mike Burner, Coastal Pelagic Species CSMAC provides advice to the Assistant CSMAC’s charter may be found a http:// Staff Officer, Pacific Fishery Secretary for Communications and www.fido.gov/facadatabase/ Management Council: (503) 820–2280. Information and NTIA Administrator on spectrum management matters. docslcharters%5C25109lSpectrum SUPPLEMENTARY INFORMATION: The DATES: Nominations must be %20Charter%203-28-07l(2007-03-30- purpose of the work session is to review postmarked or electronically 10-34-21).pdf. Additional information the proposed rule on revisions to transmitted on or before September 2, about the CSMAC and its activities may National Marine Fishery Service 2008. be found at http://www.ntia.doc.gov/ guidelines for National Standard 1 of advisory/spectrum. the Magnuson-Stevens Fishery ADDRESSES: Persons wishing to submit Members of the CSMAC are experts in Conservation and Management Act and applications should send their resume radio spectrum policy and do not other available information for the or curriculum vita and a statement Council’s September meeting briefing summarizing the qualifications of the 1 President’s Memorandum on Improving book and to develop comments and nominee and identifying any particular Spectrum Management for the 21st Century, 49 recommendations for consideration at expertise or area of interest relevant to Weekly Comp. Pres. Doc. 2875 (Nov. 29, the CSMAC’s work to the attention of 2004)(Executive Memorandum). the September 2008 Council meeting. 2 See Department of Commerce, Spectrum Policy Although non-emergency issues not Eric Stark, Designated Federal Officer, for the 21st Century - The President’s Spectrum contained in the meeting agenda may be by mail to Office of the Assistant Policy Initiative: Report 1, Recommendations of the discussed, those issues may not be the Secretary, National Federal Government Spectrum Task Force (June Telecommunications and Information 2004); Department of Commerce, Spectrum Policy subject of formal action during this for the 21st Century - The President’s Spectrum meeting. CPSMT and CPSAS actions Administration, 1401 Constitution Policy Initiative: Report 2, Recommendations from will be restricted to those issues Avenue N.W., Room 4725, Washington State and Local Governments and Private Sector specifically listed in this notice and any DC, 20230; by facsimile transmission to Responders (June 2004)(Report 2), available at (202) 482–6173; or by electronic mail to http://www.ntia.doc.gov/reports/specpolini/ issues arising after publication of this presspecpolinilreport2l06242004.pdf notice that require emergency action [email protected]. 3 ‘‘The National Telecommunications and under section 305(c) of the Magnuson- FOR FURTHER INFORMATION CONTACT: Eric Information Administration (NTIA) should Stevens Fishery Conservation and Stark at (202) 482–1880 or establish the Department of Commerce Spectrum Management Advisory Committee, consistent with Management Act, provided the public [email protected]; or Joe Gattuso at the Federal Advisory Committee Act [5 U.S.C. has been notified of the intent to take (202) 482–0977 or App.2] and the NTIA Organizations Act [47 U.S.C. final action to address the emergency. [email protected]. § 904(b)]. Report 2 at ii, 14-15.’’

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represent any organization or interest. limitations. (see below information for Written Comments: Written comments They serve on the CSMAC in the pre-registration). should be received by the Board staff at capacity of Special Government FOR FURTHER INFORMATION CONTACT: least three weeks prior to the meeting Employees. They do not receive Interested attendees may contact MAJ date so that the comments may be made compensation or reimbursement for Elaine M. Gullotta at 703–696–1385 ext available to the Board for consideration travel or for per diem expenses. 540, or e-mail at prior to the meeting. Written comments The CSMAC’s charter allows it to [email protected]. should be supplied to MAJ Elaine have up to 20 members. Current Gullotta in one of the following formats SUPPLEMENTARY INFORMATION: members of the CSMAC are not required (Word, PDF) via mail or e-mail at least to submit applications in order to be Agenda three weeks prior to the meeting. reappointed; however, reappointments 1300 Convene, (Mr. James G. Rebholz, Please Note: The Board operates under the are not automatic. Appointments are for Chairman). provisions of the Federal Advisory two-year terms, subject to continuation 1305 Minutes approval, Status of Committee Act, as amended. All public of the CSMAC under its charter. NTIA Recommendation from last meeting presentations will be treated as public intends to seek renewal of the current (Mr. Rebholz, Mr. Patel). documents and will be made available for charter, which expires March 27, 2009. 1340 Review and discussion of DAB public inspection, up to and including being The Secretary of Commerce will Nomination Outreach Efforts (Mr. posted on the Federal Advisory Committee Web site. appoint members with a broad cross- Rebholz). section of points of views from the 1420 Board Discussion, Due Outs- Written Comments may be sent to: private and non-federal government Subcommittee tasks (Mr. Rebholz). Employer Support of the Guard and sectors. The Department of Commerce 1430 Summary of Proceedings, Reserve, 1555 Wilson Blvd., Suite 200, seeks high level individuals with Administrative Announcements. Arlington, VA 22209, Attention: MAJ expertise in those sectors and interests 1440 Photographs (ESGR PAO Staff). Elaine Gullotta. 1500 Adjourn. on spectrum policy issues relevant to Dated: July 25, 2008. the CSMAC. (a) Background Patricia L. Toppings, Nominations should include a resume The purpose of the Board is to OSD Federal Register Liaison Officer, or curriculum vita and should also Department of Defense. include a statement summarizing the provide independent advice and [FR Doc. E8–17610 Filed 7–31–08; 8:45 am] qualifications of the nominee and recommendations to the Secretary of identifying any particular expertise or Defense on matters that arise from the BILLING CODE 5001–06–P area of interest relevant to the CSMAC’s military obligation of members of the work. National Guard and Reserve members and the impact on their civilian DEPARTMENT OF DEFENSE Dated: July 29, 2008. employment. Kathy D. Smith, Office of the Secretary Chief Counsel, National Telecommunications (b) Availability of Materials for the and Information Administration. Meeting Defense Science Board [FR Doc. E8–17693 Filed 7–31–08; 8:45 am] Please see the Federal Advisory AGENCY: Department of Defense. BILLING CODE 3510–60–S Committee Act Web site for copies of ACTION: Notice of advisory committee any available materials, including draft meeting. agendas for the meeting and background DEPARTMENT OF DEFENSE information. (http://www.fido.gov/ SUMMARY: The Defense Science Board facadatabase/form_meetings.asp). Task Force on Nuclear Weapons Surety Office of the Secretary will meet in closed session. (c) Procedures for Providing Public DATES: August 22, 2008. Notification of Upcoming Meeting of Comments ADDRESSES: the Defense Advisory Board for It is the policy of the DAB–ESGR to Institute for Defense Employer Support of the Guard and accept written public comments of any Analyses, 4850 Mark Center Drive, Reserve (DAB–ESGR) length, and to accommodate oral public Alexandria, VA. comments whenever possible. To FOR FURTHER INFORMATION CONTACT: Mr. AGENCY: Department of Defense. facilitate Board discussion at its David McDarby, HQ DTRA/OP–CSNS, ACTION: Notice of open meeting. meetings, the Board may not accept oral 8725 John J. Kingman Road, Stop 6201, comments at all meetings, The Board Ft. Belvoir, VA 22060; via e-mail at SUMMARY: This notice announces a Staff expect that public statements [email protected]; or via phone meeting of the Defense Advisory Board presented at Board meetings will be at (703) 767–4364. for Employer Support of the Guard and focused on the Board’s statutory charter SUPPLEMENTARY INFORMATION: The Reserve. This meeting will focus on the and any working group topics. mission of the Defense Science Board is status of recruitment efforts for the Oral Comments: Speaking times will to advise the Secretary of Defense and Board and recommendations made at be confirmed by Board staff on a ‘‘first- the Under Secretary of Defense for prior meetings. This meeting is open to come/first-served basis. To Acquisition, Technology & Logistics on the public. accommodate as many speakers as scientific and technical matters as they DATES: September 18, 2008 (1300–1500 possible, oral public comments must be affect the perceived needs of the hrs). no longer than 3 minutes. Because the Department of Defense. At the meeting, ADDRESSES: McPherson Room, Hamilton Board members may ask questions, the Defense Science Board Task Force Crowne Plaza, 14th and K Street, NW., reserved times will be approximate. will: Assess all aspects of nuclear Washington, DC 20005. Interested parties must contact MAJ weapons surety; continue to build on The public is asked to pre-register Elaine Gullotta in writing (via mail or e- the work of the former Joint Advisory three weeks in advance of the meeting mail) at least three weeks prior to the Committee on Nuclear Weapons Surety, due to security and or seating meeting. the Nuclear C2 System End-to-End

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Review and the Drell Panel; and review subject to the Privacy Act of 1974, (5 in its existing inventory of record and recommend methods and strategies U.S.C. 552a), as amended. systems subject to the Privacy Act of to maintain a safe, secure and viable DATES: This proposed actions will be 1974, (5 U.S.C. 552a), as amended. nuclear deterrent. effective without further notice on DATES: This proposed action will be In accordance with section 10(d) of September 2, 2008 unless comments are effective without further notice on the Federal Advisory Committee Act, received which result in a contrary September 2, 2008, unless comments are Public Law 92–463, as amended (5 determination. received which result in a contrary U.S.C. App. 2), it is hereby determined determination. that these Defense Science Board Task ADDRESSES: Send comments to the Force meetings concern matters listed in Department of the Army, Records ADDRESSES: Department of the Army, 5 U.S.C. 552b(c)(1) and that accordingly, Management and Declassification Freedom of Information/Privacy the meetings will be closed to the Agency, Privacy Division, 7701 Division, U.S. Army Records public. Telegraph Road, Alexandria, VA 22315. Management and Declassification The task force’s findings and FOR FURTHER INFORMATION CONTACT: Ms. Agency, 7701 Telegraph Road, Casey recommendations, pursuant to 41 CFR Vicki Short at (703) 428–6508. Building, Suite 144, Alexandria, VA 102–3.140 through 102–3.165, will be SUPPLEMENTARY INFORMATION: The 22325–3905. presented and discussed by the Department of the Army systems of FOR FURTHER INFORMATION CONTACT: Ms. membership of the Defense Science records notices subject to the Privacy Vicki Short at (703) 428–6508. Board prior to being presented to the Act of 1974, (5 U.S.C. 552a), as SUPPLEMENTARY INFORMATION: The Government’s decision maker. amended, have been published in the Department of the Army systems of Pursuant to 41 CFR 102–3.120 and Federal Register and are available from records notices subject to the Privacy 102–3.150, the Designated Federal the address above. Act of 1974, (5 U.S.C. 552a), as Officer for the Defense Science Board The Department of Army proposes to amended, have been published in the will determine and announce in the delete a system of records notice from Federal Register and are available from Federal Register when the findings and its inventory of record systems subject the address above. recommendations of the August 22, to the Privacy Act of 1974 (5 U.S.C. The specific changes to the record 2008, meeting are deliberated by the 552a), as amended. The proposed system being amended are set forth Defense Science Board. deletion is not within the purview of below followed by the notice, as Interested persons may submit a subsection (r) of the Privacy Act of 1974 amended, published in its entirety. The written statement for consideration by (5 U.S.C. 552a), as amended, which proposed amendments are not within the Defense Science Board. Individuals requires the submission of new or the purview of subsection (r) of the submitting a written statement must altered systems reports. Privacy Act of 1974, (5 U.S.C. 552a), as submit their statement to the Designated Dated: July 25, 2008. amended, which requires the Federal Official at the address detailed Patricia L. Toppings, submission of a new or altered system above, at any point, however, if a report. written statement is not received at least OSD Federal Register Liaison Officer, Dated: July 25, 2008. 10 calendar days prior to the meeting, Department of Defense. Patricia L. Toppings, which is the subject of this notice, then A0055–355a DALO it may not be provided to or considered OSD Federal Register Liaison Officer, by the Defense Science Board. The SYSTEM NAME: Department of Defense. Designated Federal Official will review Local transportation Authorization A0027–20a DAJA all timely submissions with the Defense and Use Files (February 22, 1993, 58 FR Science Board Chairperson, and ensure 10002). SYSTEM NAME: U.S. Army Claims Service they are provided to members of the REASON: Defense Science Board before the Management Information System (April meeting that is the subject of this notice. These records are no longer collected 4, 2003, 68 FR 16484). or maintained by Army G–4, they are Dated: July 25, 2008. covered under Privacy Act System of CHANGES: Patricia L. Toppings, Records Notice T7334, Defense Travel * * * * * OSD Federal Register Liaison Officer, System (September 8, 2004, 69 FR Department of Defense. 54272). RETENTION AND DISPOSAL: [FR Doc. E8–17606 Filed 7–31–08; 8:45 am] Delete entry and replace with ‘‘After BILLING CODE 5001–06–P [FR Doc. E8–17602 Filed 7–31–08; 8:45 am] 6 years, 3 months (investigative reports, BILLING CODE 5001–06–P except those relating to medical malpractice); or 10 years (medical DEPARTMENT OF DEFENSE malpractice investigative reports, claims DEPARTMENT OF DEFENSE files).’’ Department of Army Department of the Army * * * * * [Docket ID: USA–2008–0049] [Docket ID: USA–2008–0047] A0027–20a DAJA Privacy Act of 1974; System of SYSTEM NAME: Records Privacy Act of 1974; System of Records U.S. Army Claims Service AGENCY: Department of the Army, DoD. Management Information System. ACTION: Notice to delete a system of AGENCY: Department of the Army, DoD. SYSTEM LOCATION: records. ACTION: Notice to amend a system of records. U.S. Army Claims Service, Office of SUMMARY: The Department of the Army the Judge Advocate General, ATTN: is deleting a system of records in its SUMMARY: The Department of the Army JACS–Z, 4411 Llewellyn Avenue, Fort existing inventory of record systems is amending a system of records notice Meade, MD 20755–5360. Segments exist

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at subordinate field operating agencies or assurance type studies, or to support instructed in the permissible use of the and at Staff Judge Advocate Offices at action against a third party. information, buildings housing records Army installations throughout the To Foreign governments for use in are locked after normal business hours. world. Official mailing addresses are settlements of claims under the North published as an appendix to the Army’s Atlantic Treaty Organization Status of RETENTION AND DISPOSAL: compilation of systems of records Forces Agreement or similar After 6 years, 3 months (investigative notices. international agreements. reports, except those relating to medical To the State governments for use in CATEGORIES OF INDIVIDUALS COVERED BY THE malpractice); or 10 years (medical defending or prosecuting claim by the SYSTEM: malpractice investigative reports, claims state or its representatives. Individuals, corporations, files). To the Department of Labor, for associations, countries, states, consideration in determining rights territories, political subdivisions SYSTEM MANAGER(S) AND ADDRESS: under Federal Employees Compensation presenting a claim against the United Act or similar legislation. The Judge Advocate General, States. To civilian and Government experts Headquarters, Department of the Army, 2200 Army Pentagon, Washington, DC CATEGORIES OF RECORDS IN THE SYSTEM: for assistance in evaluating the claim. 20310–2200. Name of claimant, claim file number, To the Office of Management and Budget for preparation of private relief type of claim presented, reports of NOTIFICATION PROCEDURE: investigation, witness statements, police bills for presentation to the Congress. reports, photographs, diagrams, bills, To Government contractors for use in Individuals seeking to determine estimates, expert opinions, medical defending or settling claims filed against whether information about themselves records and similar reports, copy of them, including recovery actions, is contained in this record system correspondence with claimant, potential arising out of the performance of a should address written inquiries to the claimants, third parties, and insurers of Government contract. Commander, U.S. Army Claims Service, claimants or third parties, copies of To Federal and state workmen’s 4411 Llewellyn Avenue, Fort Meade, finance vouchers evidencing payment of compensation agencies for use in MD 20755–5360. claims, and similar relevant adjudicating claims. Individual should provide full name, information. To private insurers with a legal current address and telephone number, interest in the same case. claim number if known, date and place AUTHORITY FOR MAINTENANCE OF THE SYSTEM: To potential joint tort-feasors or their of incident giving rise to the claim, and 10 U.S.C. 3013, Secretary of the Army; representatives for the purpose of any other personal identifying data that 31 U.S.C. 3711, Collection and prosecuting or defending claims for would assist in determining location of Compromise; Army Regulation 27–20, contribution or indemnity. the records. Claims; and E.O. 9397 (SSN). Information from this system of RECORD ACCESS PROCEDURES: PURPOSE(S): records may also be disclosed to law students participating in a volunteer To develop and preserve all relevant Individuals seeking access to legal support program approved by the evidence about incidents, which information about themselves contained Judge Advocate General of the Army. generate claims against or in favor of the in this system should address written The DoD ‘Blanket Routine Uses’ set Army. Evidence developed is used as a inquiries to the Commander, U.S. Army forth at the beginning of the Army’s legal basis to support the settlement of Claims Service, 4411 Llewellyn Avenue, compilation of systems of records claims. Data are also used as a Fort Meade, MD 20755–5360. notices also apply to this system. management tool to supervise claims Individual should provide full name, operations at subordinate commands Note: This system of records contains current address and telephone number, worldwide. Routine uses of records individually identifiable health information. claim number if known, date and place maintained in the system, including The DoD Health Information Privacy Regulation (DoD 6025.18–R) issued pursuant of incident giving rise to the claim, and categories of users and the purposes of to the Health Insurance Portability and any other personal identifying data that such uses: Accountability Act of 1996, applies to most would assist in determining location of In addition to those disclosures such health information. DoD 6025.18–R may the records. generally permitted under 5 U.S.C. place additional procedural requirements on 552a(b) of the Privacy Act, these records the uses and disclosures of such information CONTESTING RECORD PROCEDURES: or information contained therein may beyond those found in the Privacy Act of The Army’s rules for accessing specifically be disclosed outside the 1974 or mentioned in this system of records records contesting contents, and DoD as a routine use pursuant to 5 notice. appealing initial agency determinations U.S.C. 552a(b)(3) as follows: To the Internal Revenue Service for POLICIES AND PRACTICES FOR STORING, are contained in Army Regulation 340– tax purposes. RETRIEVING, ACCESSING, RETAINING, AND 21; 32 CFR part 505; or may be obtained To the Department of Justice for DISPOSING OF RECORDS IN THE SYSTEM: from the system manager. assistance in deciding disposition of STORAGE: RECORD SOURCE CATEGORIES: claims filed against or in favor of the Paper records in file folders and Government and for considering electronic storage media. From the individual; investigative criminal prosecution, civil court action reports originating in the Department of or regulatory orders. RETRIEVABILITY: the Army, Federal Bureau of To the U.S. Claims Court and the By last name, Social Security Number, Investigation, and/or foreign, state, or Court of Appeals for the Federal Circuit, or claim number. local law enforcement agencies; medical to support legal actions, considerations treatment facilities; Armed Forces or evidence to support proposed SAFEGUARDS: Institute of Pathology; relevant records legislative or regulatory changes, for Records are accessible only by and reports in the Department of budgetary purposes, for quality control authorized personnel who are properly Defense.

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EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: collect the value of medical care None. Delete entry and replace with ‘‘10 furnished the injured party. U.S.C. 3013, Secretary of the Army; 42 [FR Doc. E8–17604 Filed 7–31–08; 8:45 am] ROUTINE USES OF RECORDS MAINTAINED IN THE U.S.C. 2651–3, Recovery by United BILLING CODE 5001–06–P SYSTEM, INCLUDING CATEGORIES OF USERS AND States; Army Regulation 27–20, Claims; THE PURPOSES OF SUCH USES: and E.O. 9397 (SSN).’’ In addition to those disclosures DEPARTMENT OF DEFENSE * * * * * generally permitted under 5 U.S.C. STORAGE: 552a(b) of the Privacy Act, these records Department of the Army Delete entry and replace with ‘‘Paper or information contained therein may specifically be disclosed outside the [Docket ID: USA–2008–0046] records in file folders and electronic storage media.’’ DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: Privacy Act of 1974; System of * * * * * Information may be disclosed to the Records RETENTION AND DISPOSAL: Department of Justice, appropriate U.S. AGENCY: Department of the Army, DoD. Delete entry and replace with Attorneys, civilian attorneys representing the injured party who agree ACTION: Notice to amend a system of ‘‘Records at the Judge Advocate also to represent the U.S. Army’s claim, records. General’s Office are destroyed 10 years after final action; i.e., completion of and opposing parties and their SUMMARY: The Department of the Army litigation or determination that case will attorneys. is amending a system of records notice not be prosecuted. Claims settled by Information from this system of in its existing inventory of record local Staff Judge Advocates are records may be disclosed to law systems subject to the Privacy Act of destroyed 6 years and 3 months after students participating in a volunteer 1974, (5 U.S.C. 552a), as amended. final action.’’ legal support program approved by the Judge Advocate General of the Army. DATES: This proposed action will be * * * * * The ‘Blanket Routine Uses’ set forth at effective without further notice on A0027–20d DAJA the beginning of the Army’s compilation September 2, 2008 unless comments are of systems of records notices also apply received which result in a contrary SYSTEM NAME: to this system. determination. Medical Expense Claim Files. POLICIES AND PRACTICES FOR STORING, ADDRESSES: Department of the Army, SYSTEM LOCATION: RETRIEVING, ACCESSING, RETAINING, AND Freedom of Information/Privacy Staff Judge Advocate Offices at Army DISPOSING OF RECORDS IN THE SYSTEM: Division, U.S. Army Records commands, field operating agencies, Management and Declassification STORAGE: installations and activities. A segment of Agency, 7701 Telegraph Road, Casey Paper records in file folders and the system is located at U.S. Army Building, Suite 144, Alexandria, VA electronic storage media. Claims Service, Fort Meade, MD 20755– 22325–3905. 5360. RETRIEVABILITY: FOR FURTHER INFORMATION CONTACT: Ms. By individual’s surname, Social Vicki Short at (703) 428–6508. CATEGORIES OF INDIVIDUALS COVERED BY THE Security Number, and court docket SYSTEM: SUPPLEMENTARY INFORMATION: The number. Department of the Army systems of Individuals who have received SAFEGUARDS: records notices subject to the Privacy medical treatment at the expense of the Act of 1974, (5 U.S.C. 552a), as U.S. Army as a result of a tortuous or Records are accessible only by amended, have been published in the negligent act of a third party; third authorized personnel who are properly Federal Register and are available from parties causing medical care to be instructed in the permissible use of the the address above. furnished to individuals entitled to information. medical care at Government expense. The specific changes to the record RETENTION AND DISPOSAL: system being amended are set forth CATEGORIES OF RECORDS IN THE SYSTEM: Records at the Judge Advocate below followed by the notice, as Copies of medical and personnel General’s Office are destroyed 10 years amended, published in its entirety. The records of individuals injured by a third after final action; i.e., completion of proposed amendments are not within party from whom the U.S. Army is litigation or determination that case will the purview of subsection (r) of the seeking to recover the costs of medical not be prosecuted. Claims settled by Privacy Act of 1974, (5 U.S.C. 552a), as care furnished the injured party; local Staff Judge Advocates are amended, which requires the accident and police reports relating to destroyed 6 years and 3 months after submission of a new or altered system the injury, claims investigation files; final action. report. correspondence with attorneys SYSTEM MANAGER(S) AND ADDRESS: Dated: July 25, 2008. representing the Army’s interest; court The Judge Advocate General, Patricia L. Toppings, documents; and similar pertinent documents. Headquarters, Department of the Army, OSD Federal Register Liaison Officer, Washington, DC 20310–2210. Department of Defense. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NOTIFICATION PROCEDURE: A0027–20d DAJA 10 U.S.C. 3013, Secretary of the Army; 42 U.S.C. 2651–3, Recovery by United Individuals seeking to determine SYSTEM NAME: States; Army Regulation 27–20, Claims; whether information about themselves Medical Expense Claim Files and E.O. 9397 (SSN). is contained in this system should (February 22, 1993, 58 FR 10002). address written inquiries to the Judge PURPOSE(S): Advocate General, Headquarters, CHANGES: To negotiate with the tort-feasor or an Department of the Army, Washington, * * * * * insurance carrier, or to sue the same to DC 20310–2210.

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Individual should provide full name, Building, Suite 144, Alexandria, VA CATEGORIES OF RECORDS IN THE SYSTEM: current address and telephone number, 22325–3905. Pleadings, motions, briefs, orders, case number that appeared on FOR FURTHER INFORMATION CONTACT: Ms. decisions, memoranda, opinions, documentation, any other information Vicki Short at (703) 428–6508. supporting documentation, and allied that will assist in locating pertinent SUPPLEMENTARY INFORMATION: The material, including claims investigation, records, and signature. Department of the Army systems of reports and files involved in representing the U.S. Army in the RECORD ACCESS PROCEDURES: records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as Federal Court System. Individuals seeking access to amended, have been published in the information about themselves contained AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Register and are available from in this system should address written the address above. 10 U.S.C. 3013, Secretary of the Army; inquiries to the Judge Advocate General, The specific changes to the record 28 U.S.C. 2671–2680, Judiciary and Headquarters, Department of the Army, system being amended are set forth Judicial Procedure; Army Regulation Washington, DC 20310–2210. below followed by the notice, as 27–20, Claims; and E.O. 9397 (SSN). Individual should provide full name, amended, published in its entirety. The PURPOSE(S): current address and telephone number, proposed amendments are not within case number that appeared on To defend the Army in civil suits filed the purview of subsection (r) of the against it in state or federal courts. documentation, any other information Privacy Act of 1974, (5 U.S.C. 552a), as that will assist in locating pertinent amended, which requires the ROUTINE USES OF RECORDS MAINTAINED IN THE records, and signature. submission of a new or altered system SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: CONTESTING RECORD PROCEDURES: report. The Army’s rules for accessing Dated: July 25, 2008. In addition to those disclosures generally permitted under 5 U.S.C. records, and for contesting contents and Patricia L. Toppings, appealing initial agency determinations 552a(b) of the Privacy Act, these records OSD Federal Register Liaison Officer, or information contained therein may are contained in Army Regulation 340– Department of Defense. 21; 32 CFR part 505; or may be obtained specifically be disclosed outside the from the system manager. A0027–20b DAJA DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: SYSTEM NAME: RECORD SOURCE CATEGORIES: Information is disclosed to the Tort Claim Files (February 1, 1996, 61 From the individual; Army records Department of Justice and United States FR 3682). and reports; Office of Personnel Attorneys’ offices handling the Management; Department of Justice, CHANGES: particular case. Most of the information U.S. Attorneys, opposing counsel, and * * * * * is filed in some manner in the courts in similar pertinent sources. which the litigation is pending and SYSTEM NAME: therefore is a public record. In addition, EXEMPTIONS CLAIMED FOR THE SYSTEM: Delete entry and replace with ‘‘Tort some of the information will appear in None. Claim Files in Litigation.’’ the written orders, opinions, and [FR Doc. E8–17607 Filed 7–31–08; 8:45 am] * * * * * decisions of the courts which, in turn, BILLING CODE 5001–06–P are published in the Federal Reporter AUTHORITY FOR MAINTENANCE OF THE SYSTEM: System under the name or style of the Delete entry and replace with ‘‘10 case and are available to individuals DEPARTMENT OF DEFENSE U.S.C. 3013, Secretary of the Army; 28 with access to a law library. U.S.C. 2671–2680, Judiciary and Information from this system of Department of the Army Judicial Procedure; Army Regulation records may also be disclosed to law 27–20, Claims; and E.O. 9397 (SSN).’’ students participating in a volunteer [Docket ID: USA–2008–0048] * * * * * legal support program approved by the Judge Advocate General of the Army. Privacy Act of 1974; System of STORAGE: Records The ‘Blanket Routine Uses’ set forth at Delete entry and replace with ‘‘Paper the beginning of the Army’s compilation AGENCY: Department of the Army, DoD. records in file folders and electronic of systems of records notices apply to ACTION: Notice to amend a system of storage media.’’ this system. records. * * * * * POLICIES AND PRACTICES FOR STORING, SUMMARY: The Department of the Army A0027–20b DAJA RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: is amending a system of records notice SYSTEM NAME: STORAGE: in its existing inventory of record Tort Claim Files in Litigation systems subject to the Privacy Act of Paper records in file folders and 1974, (5 U.S.C. 552a), as amended. SYSTEM LOCATION: electronic storage media. DATES: This proposed action will be Office of the Judge Advocate General, RETRIEVABILITY: effective without further notice on U.S. Army Litigation Division, 901 N. September 2, 2008 unless comments are Stuart Street, Suite 400, Arlington, VA Retrieved by claimant’s surname and received which result in a contrary 22203–1837. court docket number. determination. CATEGORIES OF INDIVIDUALS COVERED BY THE SAFEGUARDS: ADDRESSES: Department of the Army, SYSTEM: Records are maintained in file Freedom of Information/ Privacy Individuals who have filed a cabinets within secured buildings and Division, U.S. Army Records complaint against the U.S. Army in the available only to designated authorized Management and Declassification U.S. District Court under the Federal individuals who have official need for Agency, 7701 Telegraph Road, Casey Tort Claims Act. them.

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RETENTION AND DISPOSAL: in its existing inventory of record employees who had been nominated by Records are destroyed 10 years after systems subject to the Privacy Act of their employing activities for final action on the case. 1974, (5 U.S.C. 552a), as amended. assignment to Presidential support DATES: This proposed action will be duties. SYSTEM MANAGER(S) AND ADDRESS: effective without further notice on CATEGORIES OF RECORDS IN THE SYSTEM: Office of the Judge Advocate General, September 2, 2008 unless comments are White House Military Office Security Department of the Army, 2200 Army received which result in a contrary Screening Questionnaire; personnel Pentagon, Washington, DC 20310–2200. determination. records; name, Social Security Number NOTIFICATION PROCEDURE: ADDRESSES: Send comments to the (SSN); photographs; fingerprint cards; Individuals seeking to determine Department of the Navy, PA/FOIA interview sheet; correspondence, whether information about themselves Policy Branch, Chief of Naval documents and records concerning is contained in this system should Operations (DNS–36), 2000 Navy classification, security clearances, address written inquiries to the Chief, Pentagon, Washington, DC 20350–2000. assignment, training, and other U.S. Army Litigation Division, 901 N. FOR FURTHER INFORMATION CONTACT: Mrs. qualifications relating to suitability for Stuart Street, Suite 400, Arlington, VA Doris Lama at (202) 685–6545. Presidential support duties. 2203–1837. SUPPLEMENTARY INFORMATION: The Individuals should provide full name, AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Department of the Navy systems of current address and telephone number, 10 U.S.C. 5013, Secretary of the Navy; records notices subject to the Privacy case number that appeared on 10 U.S.C. 5041, Headquarters, Marine Act of 1974, (5 U.S.C. 552a), as documentation, any other information Corps; and E.O. 9397 (SSN). amended, have been published in the that will assist in locating pertinent Federal Register and are available from PURPOSE(S): records and signature. the address above. To evaluate and nominate individuals RECORD ACCESS PROCEDURES: The specific changes to the record for assignment to Presidential support Individuals seeking access to system being amended are set forth duties and to ensure that only those information about themselves contained below followed by the notice, as individuals most suitably qualified are in this system should address written amended, published in its entirety. The assigned to duty in Presidential support inquiries to the Chief, U.S. Army proposed amendments are not within activities. the purview of subsection (r) of the Litigation Division, 901 N. Stuart Street, ROUTINE USES OF RECORDS MAINTAINED IN THE Privacy Act of 1974, (5 U.S.C. 552a), as Suite 400, Arlington, VA 2203–1837. SYSTEM, INCLUDING CATEGORIES OF USERS AND Individual should provide full name, amended, which requires the THE PURPOSES OF SUCH USES: submission of a new or altered system current address and telephone number, In addition to those disclosures report. case number that appeared on generally permitted under 5 U.S.C. documentation, any other information Dated: July 25, 2008. 552a(b) of the Privacy Act, these records that will assist in locating pertinent Patricia Toppings, or information contained therein may records and signature. OSD Federal Register Liaison Officer, specifically be disclosed outside the Department of Defense. CONTESTING RECORD PROCEDURES: DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: The Army’s rules for accessing NM01070–9 To officials and employees in the records, contesting contents, and SYSTEM NAME: Executive Office of the President in the appealing initial agency determinations performance of their duties related to are contained in Army Regulation 340– White House Support Program (April 15, 2008, 73 FR 20264)). personnel administration, and 21; 32 CFR part 505; or may be obtained evaluation and nomination of from the system manager. CHANGES: individuals for assignment to RECORD SOURCE CATEGORIES: * * * * * Presidential support duties. To officials and employees of other From the individual; Army records SYSTEM LOCATION: federal agencies and offices, upon and reports. At end of entry, add ‘‘and Naval request, in the performance of their EXEMPTIONS CLAIMED FOR THE SYSTEM: Support Facility (NSF), Thurmont, P.O. official duties related to the provision of None. Box 1000, Thurmont, MD 21788–5100.’’ Presidential support and protection. * * * * * The ‘Blanket Routine Uses’ that [FR Doc. E8–17609 Filed 7–31–08; 8:45 am] appear at the beginning of the Navy’s BILLING CODE 5001–06–P NM01070–9 compilation of systems of records notices apply to this system. SYSTEM NAME: DEPARTMENT OF DEFENSE White House Support Program. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND Department of the Navy SYSTEM LOCATION: DISPOSING OF RECORDS IN THE SYSTEM: [Docket ID: USN–2008–0028] White House Liaison Office, Office of STORAGE: the Secretary of the Navy, 1000 Navy Paper and automated records/ Privacy Act of 1974; System of Pentagon, Washington, DC 20350–1000 databases. Records and Naval Support Facility (NSF), Thurmont, P.O. Box 1000, Thurmont, RETRIEVABILITY: AGENCY: Department of the Navy, DoD. MD 21788–5100. Name and/or Social Security Number ACTION: Notice to amend a system of (SSN). records. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: SAFEGUARDS: SUMMARY: The Department of the Navy All Navy and Marine Corps military Records are afforded appropriate is amending a system of records notice and civilian personnel and contractor protection at all times, stored in locked

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rooms and locked file cabinets, and are requirements of 5 U.S.C. 553(b)(1), (2), DEPARTMENT OF ENERGY accessible only to authorized personnel and (3), (c) and (e) and published in 32 who have a definite need-to-know and CFR part 701, subpart G. For additional Bonneville Power Administration who are properly screened, cleared, and information contact the system manager. trained. Access to automated Rebuild of the Libby (FEC) to Troy [FR Doc. E8–17598 Filed 7–31–08; 8:45 am] information is password protected and Section of BPA’s Libby to Bonners only available to individuals with an BILLING CODE 5001–06–P Ferry 115-Kilovolt Transmission Line official need-to-know. Project

RETENTION AND DISPOSAL: AGENCY: Bonneville Power Successful candidate’s package held ELECTION ASSISTANCE COMMISSION Administration (BPA), Department of for one year past period of tour. Energy (DOE). Unsuccessful candidate’s package Sunshine Act Notice destroyed within 1 year. ACTION: Notice of availability of Record AGENCY: U.S. Election Assistance of Decision (ROD). SYSTEM MANAGER(S) AND ADDRESS: Commission. Administrative Aide to the Secretary ACTION: SUMMARY: This notice announces the of the Navy, 1000 Navy Pentagon, Notice of Public Meeting (Amended). availability of the ROD to implement the Washington, DC 20350–1000. Proposed Action with the Kootenai River Crossing realignment option that NOTIFICATION PROCEDURE: DATE AND TIME: Tuesday, August 5, 2008, was identified in the Rebuild of the Individuals seeking to determine 12 Noon–3 p.m. whether information about themselves Libby (FEC) to Troy Section of BPA’s is contained in this system should PLACE: U.S. Election Assistance Libby to Bonners Ferry 115-kilovolt address written inquiries to the Office of Commission, 1225 New York Ave, NW., Transmission Line Project Final the Administrative Aide to the Secretary Suite 150, Washington, DC 20005 Environmental Impact Statement (DOE/ of the Navy, 1000 Navy Pentagon, (Metro Stop: Metro Center). EIS–0379, May 2008). BPA has decided to rebuild the 17-mile-long Libby-Troy Washington, DC 20350–1000. AGENDA: Commissioners will hold a section of the existing transmission line Individual should sign their request workshop discussion on Preparing for and provide full name and Social in Lincoln County, Montana at the same Election Day 2008 and Statewide Voter Security Number (SSN). voltage (115 kilovolt (kV)) with the same Registration Databases. Commissioners number of circuits (one). BPA will RECORD ACCESS PROCEDURES: will consider and vote on whether to rebuild this section of line using a modify Advisory Opinion 07–003–A Individuals seeking access to combination of wood and steel H-frame regarding Maintenance of Effort (MOE) information about themselves contained and single pole structures. BPA will also funding, pursuant to HAVA Section in this system should address written acquire additional transmission line inquiries to the Office of the 254(a)(7). Commissioners will consider corridor width through new easements Administrative Aide to the Secretary of and vote on a Proposed Replacement or permitted areas in some sections to the Navy, 1000 Navy Pentagon, Advisory Opinion 07–003–B Regarding bring the corridor up to BPA’s minimum Washington, DC 20350–1000. Maintenance of Effort. Commissioners width standards for 115-kV Individual should sign their request will consider a Draft Policy for Notice transmission line operation. Helicopters and provide full name and Social and Public Comment; Commissioners will be used for constructing the rebuilt Security Number (SSN). will consider a Draft Policy for Joint line, except in the Big Horn Terrace and Partnership Task Force of EAC and State CONTESTING RECORD PROCEDURES: Pipe Creek residential areas, where all Election Officials Regarding Spending of The Navy’s rules for accessing construction will occur from the HAVA Funds; Commissioners will records, and for contesting contents and ground. The Kootenai River Crossing consider Proposed Administrative appealing initial agency determinations realignment option will move the Regulations. Commissioners will receive are published in Secretary of the Navy Kootenai River line crossing about 0.75 a briefing regarding the Research Instruction 5211.5; 32 CFR part 701; or mile east of the existing crossing and Department Work Plan. The may be obtained from the system require acquisition of new easements Commission will consider other manager. and permitted areas. All mitigation administrative matters. RECORD SOURCE CATEGORIES: measures identified in the EIS are This meeting will be open to the adopted. Officials and employees of the public. Department of the Navy and other ADDRESSES: Copies of the ROD and EIS PERSON TO CONTACT FOR INFORMATION: Department of Defense components; may be obtained by calling BPA’s toll- federal, state, and local court Bryan Whitener, Telephone: (202) 566– free document request line, 1–800–622– documents; civilian and military 3100. 4520. The ROD and EIS Summary are investigative reports; general also available on our Web site, http:// correspondence concerning the Rosemary E. Rodriguez, www.efw.bpa.gov. individual; and federal and state agency Chair, U.S. Election Assistance Commission. records. [FR Doc. E8–17751 Filed 7–31–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: Tish BILLING CODE 6820–KF–P EXEMPTIONS CLAIMED FOR THE SYSTEM: Eaton, Bonneville Power Parts of this system may be exempt Administration—KEC–4, P.O. Box 3621, under 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) Portland, Oregon 97208–3621; toll-free and (k)(5), as applicable. telephone number 1–800–622–4519; fax An exemption rule for this system has number 503–230–5699; or e-mail been promulgated in accordance with [email protected].

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Issued in Portland, Oregon, on July 25, EA in the Commission’s public record However, the non-party commentors 2008. for this proceeding or the issuance of a will not receive copies of all documents Stephen J. Wright, Notice of Schedule for Environmental filed by other parties or issued by the Administrator and Chief Executive Officer. Review will serve to notify federal and Commission (except for the mailing of [FR Doc. E8–17726 Filed 7–31–08; 8:45 am] state agencies of the timing for the environmental documents issued by the BILLING CODE 6450–01–P completion of all necessary reviews, and Commission) and will not have the right the subsequent need to complete all to seek court review of the federal authorizations within 90 days of Commission’s final order. DEPARTMENT OF ENERGY the date of issuance of the Commission The Commission strongly encourages staff’s FEIS or EA. electronic filings of comments, protests Federal Energy Regulatory There are two ways to become and interventions in lieu of paper using Commission involved in the Commission’s review of the ‘‘eFiling’’ link at http:// [Docket No. CP08–446–000] this project. First, any person wishing to www.ferc.gov. Persons unable to file obtain legal status by becoming a party electronically should submit an original Perryville Gas Storage LLC; Notice of to the proceedings for this project and 14 copies of the protest or Application should, on or before the comment date intervention to the Federal Energy stated below, file with the Federal Regulatory Commission, 888 First July 25, 2008. Energy Regulatory Commission, 888 Street, NE., Washington, DC 20426. Take notice that on July 24, 2008, First Street, NE., Washington, DC 20426, This filing is accessible on-line at Perryville Gas Storage LLC (Petitioner), a motion to intervene in accordance http://www.ferc.gov, using the Three Riverway, Suite 400, Houston, TX with the requirements of the ‘‘eLibrary’’ link and is available for 77056, filed in Docket No. CP08–446– Commission’s Rules of Practice and review in the Commission’s Public 000, a petition for Exemption of Procedure (18 CFR 385.214 or 385.211) Reference Room in Washington, DC. Temporary Acts and Operations from and the Regulations under the NGA (18 There is an ‘‘eSubscription’’ link on the Certificate Requirements, pursuant to CFR 157.10). A person obtaining party Web site that enables subscribers to Rule 207(a)(5) of the Commission’s status will be placed on the service list receive e-mail notification when a Rules of Practice and Procedure, and maintained by the Secretary of the document is added to a subscribed section 7(c)(1)(B) of the Natural Gas Act Commission and will receive copies of docket(s). For assistance with any FERC (NGA), to perform specific temporary all documents filed by the applicant and Online service, please e-mail activity related to drill site preparation by all other parties. A party must submit and the drilling of two stratigraphic test [email protected], or call 14 copies of filings made with the (866) 208–3676 (toll free). For TTY, call wells located in Franklin Parish, Commission and must mail a copy to Louisiana to determine the feasibility of (202) 502–8659. the applicant and to every other party in Comment Date: August 15, 2008. rock mechanics for storage development the proceeding. Only parties to the and the feasibility of brine disposal, and proceeding can ask for court review of Kimberly D. Bose, to drill fresh water supply test well to Commission orders in the proceeding. Secretary. determine the availability of water However, a person does not have to [FR Doc. E8–17624 Filed 7–31–08; 8:45 am] supplies, all as more fully set forth in intervene in order to have comments BILLING CODE 6717–01–P the application which is on file with the considered. The second way to Commission and open to public participate is by filing with the inspection. This filing may also be Secretary of the Commission, as soon as DEPARTMENT OF ENERGY viewed on the Commission’s Web site at possible, an original and two copies of http://www.ferc.gov using the comments in support of or in opposition Federal Energy Regulatory ‘‘eLibrary’’ link. Enter the docket to this project. The Commission will Commission number, excluding the last three digits, consider these comments in [Project No. 12965–001] in the docket number field to access the determining the appropriate action to be document. For assistance, call (202) taken, but the filing of a comment alone Wickiup Hydro, LLC; Notice of Intent 502–8659 or TTY, (202) 208–3676. will not serve to make the filer a party To File License Application, Filing Of Any questions regarding this to the proceeding. The Commission’s Pre-Application Document, application should be directed to David rules require that persons filing Commencement of Licensing Hayden, Sr. VP and COO, Cardinal Gas comments in opposition to the project Proceeding, and Scoping; Request for Storage Partners, Three Riverway, Suite provide copies of their protests only to Comments on the Pad and Scoping 400, Houston, TX 77056 at (713) 350– the party or parties directly involved in Document, and Identification of Issues 6844. the protest. and Associated Study Requests Pursuant to Section 157.9 of the Persons who wish to comment only Commission’s rules, 18 CFR 157.9, on the environmental review of this July 25, 2008. within 90 days of this Notice the project should submit an original and a. Type of Filing: Notice of Intent to Commission staff will either: Complete two copies of their comments to the File License Application for a New its environmental assessment (EA) and Secretary of the Commission. License and Commencing Licensing place it into the Commission’s public Environmental commentors will be Proceeding. record (eLibrary) for this proceeding; or placed on the Commission’s b. Project No.: 12965–001. issue a Notice of Schedule for environmental mailing list, will receive c. Dated Filed: January 22, 2008. Environmental Review. If a Notice of copies of the environmental documents, d. Submitted by: Wickiup Hydro, LLC. Schedule for Environmental Review is and will be notified of meetings e. Name of Project: Wickiup Dam issued, it will indicate, among other associated with the Commission’s Hydroelectric Project. milestones, the anticipated date for the environmental review process. f. Location: On the Deschutes River, Commission staff’s issuance of the final Environmental commentors will not be in Deschutes County, Oregon. The environmental impact statement (FEIS) required to serve copies of filed project would use the U.S. Bureau of or EA for this proposal. The filing of the documents on all other parties. Reclamation’s Wickiup Dam. The

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project would occupy lands in the Register online at http://ferc.gov/ to attend one or both of the meetings, Deschutes National Forest managed by esubscribenow.htm to be notified via e- and to assist staff in identifying the U.S. Forest Service. mail of new filings and issuances particular study needs, as well as the g. Filed Pursuant to: 18 CFR part 5 of related to this or other pending projects. scope of environmental issues to be the Commission’s Regulations. For assistance, contact FERC Online addressed in the environmental h. Potential Applicant Contact: Mr. Support. document. The times and locations of Brent Smith, COO, Symbiotics, LLC, o. With this notice, we are soliciting these meetings are as follows: P.O. Box 535, Rigby, Idaho 83442, (208) comments on the PAD and Scoping Daytime Scoping Meeting 745–0834. Document 1 (SD1), as well as study Date: Wednesday, August 20, 2008. i. FERC Contact: Jim Puglisi at (202) requests. All comments on the PAD and Time: 9 a.m.–2p.m. (PST). 502–6241 or e-mail at SD1, and study requests, should be sent Location: Deschutes National Forest [email protected]. to the address above in paragraph h. In Supervisors Office, 1001 SW., Emkay j. We are asking federal, state, local, addition, all comments on the PAD and Drive, Bend, OR 97702. and tribal agencies with jurisdiction SD1, study requests, requests for Phone: (541) 383–5800. and/or special expertise with respect to cooperating agency status, and all Evening Scoping Meeting Date: Tuesday, August 19, 2008. environmental issues to cooperate with communications to and from Commission staff related to the merits of Time: 7 p.m.–10 p.m.(PST). us in the preparation of the Location: La Pine Senior Center, environmental document. Agencies who the potential application (original and eight copies) must be filed with the 16450 Victory Way, La Pine, OR 97739. would like to request cooperating status Phone: (541) 536–6237. should follow the instructions for filing Commission at the following address: Kimberly D. Bose, Secretary, Federal Scoping Document 1 (SD1), which comments described in paragraph o outlines the subject areas to be below. Cooperating agencies should Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. addressed in the environmental note the Commission’s policy that document, was mailed to the agencies that cooperate in the All filings with the Commission must include on the first page the project individuals and entities on the preparation of the environmental Commission’s mailing list. Copies of document cannot also intervene. See, 94 name (Wickiup Dam Hydroelectric Project) and number (P–12965–001) and SD1 will be available at the scoping FERC ¶ 61,076 (2001). bear the heading ‘‘Comments on Pre- meetings, or may be viewed on the web k. With this notice, we are initiating Application Document,’’ ‘‘Study at http://www.ferc.gov, using the informal consultation with: (a) The U.S. Requests,’’ ‘‘Comments on Scoping ‘‘eLibrary’’ link. Follow the directions Fish and Wildlife Service and/or NOAA Document 1,’’ ‘‘Request for Cooperating for accessing information in paragraph Fisheries under section 7 of the Agency Status,’’ or ‘‘Communications to n. Based on all oral and written Endangered Species Act and the joint and from Commission Staff.’’ Any comments, a Scoping Document 2 (SD2) agency regulations thereunder at 50 individual or entity interested in may be issued. SD2 may include a CFR, part 402, and (b) the State Historic submitting study requests, commenting revised process plan and schedule, as Preservation Officer, as required by on the PAD or SD1, and any agency well as a list of issues, identified section 106, National Historical requesting cooperating status must do so through the scoping process. Preservation Act, and the implementing by September 23, 2008. Site Visit regulations of the Advisory Council on Comments on the PAD and SD1, Historic Preservation at 36 CFR 800.2. study requests, requests for cooperating The potential applicant and l. With this notice, we are designating agency status, and other permissible Commission staff will conduct a site Wickiup Hydro, LLC as the forms of communications with the visit of the project on Tuesday, August Commission’s non-federal Commission may be filed electronically 19, 2008, starting at 10 a.m. at Wickiup representative for carrying out informal via the Internet in lieu of paper. The dam. From Bend, head south on consultation, pursuant to Section 7 of Commission strongly encourages Highway 97 approximately 23 miles to the Endangered Species Act and Section electronic filings. See 18 CFR Burgess Road. Turn right (west) on 106 of the National Historic 385.2001(a)(1)(iii) and the instructions Burgess Road. Proceed west on Burgess Preservation Act. on the Commission’s Web site (http:// Road for about 10 miles. Turn left m. Wickiup Hydro, LLC filed a Pre- www.ferc.gov) under the ‘‘e-filing’’ link. (south) on Wickiup Road. Proceed south Application Document (PAD; including p. Although our current intent is to on Wickiup Road to Wickiup dam. Turn a proposed process plan and schedule) prepare an environmental assessment left (east) at the base of the dam and go with the Commission, pursuant to 18 (EA), there is the possibility that an to the parking area located on the CFR 5.6 of the Commission’s Environmental Impact Statement (EIS) stability berm. All participants are regulations. will be required. Nevertheless, this responsible for their own transportation. n. A copy of the PAD is available for meeting will satisfy the NEPA scoping Anyone with questions about the site review at the Commission in the Public requirements, irrespective of whether an visit should contact Eric Steimle of Reference Room or may be viewed on EA or EIS is issued by the Commission. Wickiup Hydro, LLC at (503) 235–3424. the Commission’s Web site (http:// www.ferc.gov), using the ‘‘eLibrary’’ Scoping Meetings Meeting Objectives link. Enter the docket number, Commission staff will hold two At the scoping meetings, staff will: (1) excluding the last three digits in the scoping meetings in the vicinity of the Initiate scoping of the issues; (2) review docket number field, to access the project at the time and place noted and discuss existing conditions and document. For assistance, contact FERC below. The daytime meeting will focus resource management objectives; (3) Online Support at on resource agency, Indian tribes, and review and discuss existing information [email protected] or toll non-governmental organization and identify preliminary information free at 1–866–208–3676, or for TTY, concerns, while the evening meeting is and study needs; (4) review and discuss (202) 502–8659. A copy is also available primarily for receiving input from the the process plan and schedule for pre- for inspection and reproduction at the public. We invite all interested filing activity that incorporates the time address in paragraph h. individuals, organizations, and agencies frames provided for in Part 5 of the

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Commission’s regulations and, to the interventions in lieu of paper using the interventions in lieu of paper using the extent possible, maximizes coordination ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. of federal, state, and tribal permitting Persons unable to file electronically Persons unable to file electronically and certification processes; and (5) should submit an original and 14 copies should submit an original and 14 copies discuss the appropriateness of any of the protest or intervention to the of the protest or intervention to the federal or state agency or Indian tribe Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, acting as a cooperating agency for 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC development of an environmental 20426. 20426. document. This filing is accessible on-line at This filing is accessible on-line at Meeting participants should come http://www.ferc.gov, using the http://www.ferc.gov, using the prepared to discuss their issues and/or ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for concerns. Please review the PAD in review in the Commission’s Public review in the Commission’s Public preparation for the scoping meetings. Reference Room in Washington, DC. Reference Room in Washington, DC. Directions on how to obtain a copy of There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the the PAD and SD1 are included in item Web site that enables subscribers to Web site that enables subscribers to n. of this document. receive e-mail notification when a receive e-mail notification when a document is added to a subscribed document is added to a subscribed Meeting Procedures docket(s). For assistance with any FERC docket(s). For assistance with any FERC The meetings will be recorded by a Online service, please e-mail Online service, please e-mail stenographer and will become part of [email protected], or call [email protected], or call the formal record of the Commission’s (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call proceeding on the project. (202) 502–8659. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Kimberly D. Bose, on August 18, 2008. on August 18, 2008. Secretary. [FR Doc. E8–17636 Filed 7–31–08; 8:45 am] Kimberly D. Bose, Kimberly D. Bose, BILLING CODE 6717–01–P Secretary. Secretary. [FR Doc. E8–17625 Filed 7–31–08; 8:45 am] [FR Doc. E8–17626 Filed 7–31–08; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P DEPARTMENT OF ENERGY

Federal Energy Regulatory DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Commission [Docket No. EL08–77–000] Federal Energy Regulatory Federal Energy Regulatory Commission Commission Central Maine Power Company, Maine [Docket No. EL08–78–000] [Docket No. ER06–510–002] Public Service Company; Notice of Filing Commonwealth Edison Company, Energy Endeavors, LLC; Notice of Commonwealth Edison Company of Filing July 25, 2008. Indiana, Inc.; Notice of Filing Take notice that on July 18, 2008, July 25, 2008. Central Maine Power Company and July 25, 2008. Take notice that on July 14, 2008, Maine Public Service Company filed a Take notice that on July 18, 2008, the Energy Endeavors, LLC tendered for petition for declaratory order, pursuant Commonwealth Edison Company and filing Order No. 697 Compliance Filing to section 385.207 of the Commission’s Commonwealth Edison Company of and Application for Category 1 status regulations, requesting transmission rate Indiana, Inc. (collectively, ComEd) pursuant to section 205 of the Federal incentives for its Maine Power tendered for filing a Petition for Power Act. Connection Project, pursuant to section Declaratory Order for Incentive Rate Any person desiring to intervene or to 219 of the Federal Power Act. Treatment. protest this filing must file in Any person desiring to intervene or to Any person desiring to intervene or to accordance with Rules 211 and 214 of protest this filing must file in protest this filing must file in the Commission’s Rules of Practice and accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of Procedure (18 CFR 385.211, 385.214). the Commission’s Rules of Practice and the Commission’s Rules of Practice and Protests will be considered by the Procedure (18 CFR 385.211, 385.214). Procedure (18 CFR 385.211, 385.214). Commission in determining the Protests will be considered by the Protests will be considered by the appropriate action to be taken, but will Commission in determining the Commission in determining the not serve to make protestants parties to appropriate action to be taken, but will appropriate action to be taken, but will the proceeding. Any person wishing to not serve to make protestants parties to not serve to make protestants parties to become a party must file a notice of the proceeding. Any person wishing to the proceeding. Any person wishing to intervention or motion to intervene, as become a party must file a notice of become a party must file a notice of appropriate. Such notices, motions, or intervention or motion to intervene, as intervention or motion to intervene, as protests must be filed on or before the appropriate. Such notices, motions, or appropriate. Such notices, motions, or comment date. Anyone filing a motion protests must be filed on or before the protests must be filed on or before the to intervene or protest must serve a copy comment date. On or before the comment date. On or before the of that document on the Applicant and comment date, it is not necessary to comment date, it is not necessary to all the parties in this proceeding. serve motions to intervene or protests serve motions to intervene or protests The Commission encourages on persons other than the Applicant. on persons other than the Applicant. electronic submission of protests and The Commission encourages The Commission encourages interventions in lieu of paper using the electronic submission of protests and electronic submission of protests and ‘‘eFiling’’ link at http://www.ferc.gov.

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Persons unable to file electronically should submit an original and 14 copies Federal Energy Regulatory Commission, should submit an original and 14 copies of the protest or intervention to the 888 First Street, NE., Washington, DC of the protest or intervention to the Federal Energy Regulatory Commission, 20426. Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC This filing is accessible on-line at 888 First Street, NE., Washington, DC 20426. http://www.ferc.gov, using the 20426. This filing is accessible on-line at ‘‘eLibrary’’ link and is available for This filing is accessible on-line at http://www.ferc.gov, using the review in the Commission’s Public http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for Reference Room in Washington, DC. ‘‘eLibrary’’ link and is available for review in the Commission’s Public There is an ‘‘eSubscription’’ link on the review in the Commission’s Public Reference Room in Washington, DC. Web site that enables subscribers to Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the receive e-mail notification when a There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to document is added to a subscribed web site that enables subscribers to receive e-mail notification when a docket(s). For assistance with any FERC receive email notification when a document is added to a subscribed Online service, please e-mail document is added to a subscribed docket(s). For assistance with any FERC [email protected], or call docket(s). For assistance with any FERC Online service, please e-mail (866) 208–3676 (toll free). For TTY, call Online service, please e-mail [email protected], or call (202) 502–8659. [email protected], or call (866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call (202) 502–8659. on August 14, 2008. (202) 502–8659. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on August 1, 2008. Kimberly D. Bose, on August 4, 2008. Secretary. Kimberly D. Bose, [FR Doc. E8–17623 Filed 7–31–08; 8:45 am] Kimberly D. Bose, Secretary. BILLING CODE 6717–01–P Secretary. [FR Doc. E8–17629 Filed 7–31–08; 8:45 am] [FR Doc. E8–17628 Filed 7–31–08; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P DEPARTMENT OF ENERGY

DEPARTMENT OF ENERGY Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Federal Energy Regulatory [Docket Nos. ER03–295–003; ER04–1194– Federal Energy Regulatory Commission 001] Commission [Docket No. RR07–16–004] [Docket No. ER08–1106–001] SESCO Enterprises, LLC SESCO North American Electric Reliability Enterprises Canada, Ltd.; Notice of MATL LLP; Notice of Filing Corporation; Notice of Filing Filing

July 25, 2008. July 25, 2008. July 25, 2008. Take notice that on July 23, 2008, Take notice that on July 25, 2008, the Take notice that on June 19, 2008, MATL LLP tendered for filing a North American Electric Reliability SESCO Enterprises, LLC and SESCO supplement amending their June 13, Corporation tendered for filing an Enterprises Canada, Ltd tendered for 2008 filing. The June 13, 2008 filing amendment to their July 21 Compliance filing for Determination of Category 1 changed the creditworthiness Filing in the above-referenced Status Under Order No. 697 and procedures set for in Attachment L of its proceeding. Modification of Market-Based Rate Open Access Transmission Tariff in the Any person desiring to intervene or to Tariff. above-referenced proceeding. protest this filing must file in Any person desiring to intervene or to Any person desiring to intervene or to accordance with Rules 211 and 214 of protest this filing must file in protest this filing must file in the Commission’s Rules of Practice and accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of Procedure (18 CFR 385.211, 385.214). the Commission’s Rules of Practice and the Commission’s Rules of Practice and Protests will be considered by the Procedure (18 CFR 385.211, 385.214). Procedure (18 CFR 385.211, 385.214). Commission in determining the Protests will be considered by the Protests will be considered by the appropriate action to be taken, but will Commission in determining the Commission in determining the not serve to make protestants parties to appropriate action to be taken, but will appropriate action to be taken, but will the proceeding. Any person wishing to not serve to make protestants parties to not serve to make protestants parties to become a party must file a notice of the proceeding. Any person wishing to the proceeding. Any person wishing to intervention or motion to intervene, as become a party must file a notice of become a party must file a notice of appropriate. Such notices, motions, or intervention or motion to intervene, as intervention or motion to intervene, as protests must be filed on or before the appropriate. Such notices, motions, or appropriate. Such notices, motions, or comment date. Anyone filing a motion protests must be filed on or before the protests must be filed on or before the to intervene or protest must serve a copy comment date. Anyone filing a motion comment date. Anyone filing a motion of that document on the Applicant and to intervene or protest must serve a copy to intervene or protest must serve a copy all the parties in this proceeding. of that document on the Applicant and of that document on the Applicant and The Commission encourages all the parties in this proceeding. all the parties in this proceeding. electronic submission of protests and The Commission encourages The Commission encourages interventions in lieu of paper using the electronic submission of protests and electronic submission of protests and ‘‘eFiling’’ link at http://www.ferc.gov. interventions in lieu of paper using the interventions in lieu of paper using the Persons unable to file electronically ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. should submit an original and 14 copies Persons unable to file electronically Persons unable to file electronically of the protest or intervention to the should submit an original and 14 copies

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of the protest or intervention to the interventions in lieu of paper, using the 385.214). Anyone filing a motion to Federal Energy Regulatory Commission, FERC Online links at http:// intervene or protest must serve a copy 888 First Street, NE., Washington, DC www.ferc.gov. To facilitate electronic of that document on the Applicant. 20426. service, persons with Internet access Notice is hereby given that the This filing is accessible on-line at who will eFile a document and/or be deadline for filing protests with regard http://www.ferc.gov, using the listed as a contact for an intervenor to the applicant’s request for blanket ‘‘eLibrary’’ link and is available for must create and validate an authorization, under 18 CFR part 34, of review in the Commission’s Public eRegistration account using the future issuances of securities and Reference Room in Washington, DC. eRegistration link. Select the eFiling assumptions of liability, is August 14, There is an ‘‘eSubscription’’ link on the link to log on and submit the 2008. Web site that enables subscribers to intervention or protests. The Commission encourages receive e-mail notification when a Persons unable to file electronically electronic submission of protests and document is added to a subscribed should submit an original and 14 copies interventions in lieu of paper, using the docket(s). For assistance with any FERC of the intervention or protest to the FERC Online links at http:// Online service, please e-mail Federal Energy Regulatory Commission, www.ferc.gov. To facilitate electronic [email protected], or call 888 First St., NE., Washington, DC service, persons with Internet access (866) 208–3676 (toll free). For TTY, call 20426. who will eFile a document and/or be (202) 502–8659. The filings in the above-referenced listed as a contact for an intervenor Comment Date: 5 p.m. Eastern Time proceeding are accessible in the must create and validate an on August 1, 2008. Commission’s eLibrary system by eRegistration account using the clicking on the appropriate link in the eRegistration link. Select the eFiling Kimberly D. Bose, above list. link to log on and submit the Secretary. They are also available for review in intervention or protests. [FR Doc. E8–17627 Filed 7–31–08; 8:45 am] the Commission’s Public Reference Persons unable to file electronically BILLING CODE 6717–01–P Room in Washington, DC. There is an should submit an original and 14 copies eSubscription link on the Web site that of the intervention or protest to the enables subscribers to receive e-mail Federal Energy Regulatory Commission, DEPARTMENT OF ENERGY notification when a document is added 888 First St., NE., Washington, DC Federal Energy Regulatory to a subscribed dockets(s). For 20426. Commission assistance with any FERC Online The filings in the above-referenced service, please e-mail proceeding are accessible in the [Docket No. ER08–1250–000] [email protected]. or call Commission’s eLibrary system by (866) 208–3676 (toll free). For TTY, call clicking on the appropriate link in the Haverhill North Coke Company; (202) 502–8659. above list. Supplemental Notice That Initial They are also available for review in Market-Based Rate Filing Includes Kimberly D. Bose, the Commission’s Public Reference Request for Blanket Section 204 Secretary. Room in Washington, DC. There is an Authorization [FR Doc. E8–17631 Filed 7–31–08; 8:45 am] eSubscription link on the Web site that BILLING CODE 6717–01–P July 25, 2008. enables subscribers to receive e-mail This is a supplemental notice in the notification when a document is added to a subscribed dockets(s). For above-referenced proceeding of DEPARTMENT OF ENERGY Haverhill North Coke Company’s assistance with any FERC Online application for market-based rate Federal Energy Regulatory service, please e-mail authority, with an accompanying rate Commission [email protected] or call schedule, noting that such application (866) 208–3676 (toll free). For TTY, call [Docket No. ER08–933–000] includes a request for blanket (202) 502–8659. authorization, under 18 CFR part 34, of Lempster Wind, LLC; Supplemental Kimberly D. Bose, future issuances of securities and Notice That Initial Market-Based Rate Secretary. assumptions of liability. Filing Includes Request for Blanket [FR Doc. E8–17634 Filed 7–31–08; 8:45 am] Any person desiring to intervene or to Section 204 Authorization BILLING CODE 6717–01–P protest should file with the Federal Energy Regulatory Commission, 888 July 25, 2008. First Street, NE., Washington, DC 20426, This is a supplemental notice in the DEPARTMENT OF ENERGY in accordance with Rules 211 and 214 above-referenced proceeding of of the Commission’s Rules of Practice Lempster Wind, LLC’s application for Federal Energy Regulatory and Procedure (18 CFR 385.211 and market-based rate authority, with an Commission 385.214). Anyone filing a motion to accompanying rate schedule, noting that [Docket No. ER08–934–000 ] intervene or protest must serve a copy such application includes a request for of that document on the Applicant. blanket authorization, under 18 CFR Locust Ridge II, LLC; Supplemental Notice is hereby given that the part 34, of future issuances of securities Notice That Initial Market-Based Rate deadline for filing protests with regard and assumptions of liability. Filing Includes Request for Blanket to the applicant’s request for blanket Any person desiring to intervene or to Section 204 Authorization authorization, under 18 CFR part 34, of protest should file with the Federal future issuances of securities and Energy Regulatory Commission, 888 July 25, 2008. assumptions of liability, is August 14, First Street, NE., Washington, DC 20426, This is a supplemental notice in the 2008. in accordance with Rules 211 and 214 above-referenced proceeding of Locust The Commission encourages of the Commission’s Rules of Practice Ridge, LLC’s application for market- electronic submission of protests and and Procedure (18 CFR 385.211 and based rate authority, with an

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accompanying rate schedule, noting that DEPARTMENT OF ENERGY with any FERC Online service, please e- such application includes a request for mail [email protected]. or blanket authorization, under 18 CFR Federal Energy Regulatory call (866) 208–3676 (toll free). For TTY, part 34, of future issuances of securities Commission call (202) 502–8659. and assumptions of liability. [Docket No. ER08–1240–000] Kimberly D. Bose, Any person desiring to intervene or to MH Partners LP; Supplemental Notice Secretary. protest should file with the Federal That Initial Market-Based Rate Filing [FR Doc. E8–17630 Filed 7–31–08; 8:45 am] Energy Regulatory Commission, 888 Includes Request for Blanket Section BILLING CODE 6717–01–P First Street, NE., Washington, DC 20426, 204 Authorization in accordance with Rules 211 and 214 of the Commission’s Rules of Practice July 25, 2008. DEPARTMENT OF ENERGY and Procedure (18 CFR 385.211 and This is a supplemental notice in the 385.214). Anyone filing a motion to above-referenced proceeding of MH Federal Energy Regulatory intervene or protest must serve a copy Partners LP’s application for market- Commission of that document on the Applicant. based rate authority, with an accompanying rate schedule, noting that [Docket No. ER08–1261–000] Notice is hereby given that the such application includes a request for deadline for filing protests with regard blanket authorization, under 18 CFR Naturener Glacial Wind Energy 1, LLC; to the applicant’s request for blanket part 34, of future issuances of securities Supplemental Notice That Initial authorization, under 18 CFR part 34, of and assumptions of liability. Market-Based Rate Filing Includes future issuances of securities and Any person desiring to intervene or to Request for Blanket Section 204 assumptions of liability, is August 14, protest should file with the Federal Authorization 2008. Energy Regulatory Commission, 888 July 25, 2008. The Commission encourages First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 This is a supplemental notice in the electronic submission of protests and above-referenced proceeding of interventions in lieu of paper, using the of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Naturener Glacial Wind Energy 1, LLC’s FERC Online links at http:// application for market-based rate www.ferc.gov. To facilitate electronic 385.214). Anyone filing a motion to intervene or protest must serve a copy authority, with an accompanying rate service, persons with Internet access schedule, noting that such application who will eFile a document and/or be of that document on the Applicant. Notice is hereby given that the includes a request for blanket listed as a contact for an intervenor deadline for filing protests with regard authorization, under 18 CFR Part 34, of must create and validate an to the applicant’s request for blanket future issuances of securities and eRegistration account using the authorization, under 18 CFR part 34, of assumptions of liability. eRegistration link. Select the eFiling future issuances of securities and Any person desiring to intervene or to link to log on and submit the assumptions of liability, is August 14, protest should file with the Federal intervention or protests. 2008. Energy Regulatory Commission, 888 Persons unable to file electronically The Commission encourages First Street, NE., Washington, DC 20426, should submit an original and 14 copies electronic submission of protests and in accordance with Rules 211 and 214 of the intervention or protest to the interventions in lieu of paper, using the of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 and Federal Energy Regulatory Commission, FERC Online links at http:// 385.214). Anyone filing a motion to 888 First St., NE., Washington, DC www.ferc.gov. To facilitate electronic intervene or protest must serve a copy 20426. service, persons with Internet access who will eFile a document and/or be of that document on the Applicant. The filings in the above-referenced listed as a contact for an intervenor Notice is hereby given that the proceeding are accessible in the must create and validate an deadline for filing protests with regard Commission’s eLibrary system by eRegistration account using the to the applicant’s request for blanket clicking on the appropriate link in the eRegistration link. Select the eFiling authorization, under 18 CFR Part 34, of above list. link to log on and submit the future issuances of securities and They are also available for review in intervention or protests. assumptions of liability, is August 14, the Commission’s Public Reference Persons unable to file electronically 2008. Room in Washington, DC. There is an should submit an original and 14 copies The Commission encourages eSubscription link on the Web site that of the intervention or protest to the electronic submission of protests and interventions in lieu of paper, using the enables subscribers to receive e-mail Federal Energy Regulatory Commission, FERC Online links at http:// notification when a document is added 888 First St., NE., Washington, DC www.ferc.gov. To facilitate electronic to a subscribed docket(s). For assistance 20426. The filings in the above-referenced service, persons with Internet access with any FERC Online service, please e- proceeding are accessible in the who will eFile a document and/or be mail [email protected]. or Commission’s eLibrary system by listed as a contact for an intervenor call (866) 208–3676 (toll free). For TTY, clicking on the appropriate link in the must create and validate an call (202) 502–8659. above list. eRegistration account using the Kimberly D. Bose, They are also available for review in eRegistration link. Select the eFiling the Commission’s Public Reference link to log on and submit the Secretary. Room in Washington, DC. There is an intervention or protests. [FR Doc. E8–17635 Filed 7–31–08; 8:45 am] eSubscription link on the Web site that Persons unable to file electronically BILLING CODE 6717–01–P enables subscribers to receive e-mail should submit an original and 14 copies notification when a document is added of the intervention or protest to the to a subscribed docket(s). For assistance Federal Energy Regulatory Commission,

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888 First St., NE., Washington, DC FERC Online links at http:// average annual generation of 220,752- 20426. www.ferc.gov. To facilitate electronic gigawatt-hours, which would be sold to The filings in the above-referenced service, persons with Internet access a local utility. proceeding are accessible in the who will eFile a document and/or be Applicant Contact: Mr. Daniel R. Commission’s eLibrary system by listed as a contact for an intervenor Irwin, Free Flow Power Corporation, 33 clicking on the appropriate link in the must create and validate an Commercial Street, Gloucester, MA above list. eRegistration account using the 01930, phone: 978/232–3536. They are also available for review in eRegistration link. Select the eFiling FERC Contact: Patricia W. Gillis (202) the Commission’s Public Reference link to log on and submit the 502–8735. Room in Washington, DC. There is an intervention or protests. Deadline for filing comments, motions eSubscription link on the Web site that Persons unable to file electronically to intervene, competing applications enables subscribers to receive e-mail should submit an original and 14 copies (without notices of intent), or notices of notification when a document is added of the intervention or protest to the intent to file competing applications: 60 to a subscribed dockets(s). For Federal Energy Regulatory Commission, days from the issuance of this notice. assistance with any FERC Online 888 First St., NE., Washington, DC Comments, motions to intervene, service, please e-mail 20426. notices of intent, and competing [email protected] or call The filings in the above-referenced applications may be filed electronically (866) 208–3676 (toll free). For TTY, call proceeding are accessible in the via the Internet. See 18 CFR (202) 502–8659. Commission’s eLibrary system by 385.2001(a)(1)(iii) and the instructions clicking on the appropriate link in the Kimberly D. Bose, on the Commission’s Web site under the above list. ‘‘e-Filing’’ link. If unable to be filed Secretary. They are also available for review in electronically, documents may be paper- [FR Doc. E8–17633 Filed 7–31–08; 8:45 am] the Commission’s Public Reference filed. To paper-file, an original and eight BILLING CODE 6717–01–P Room in Washington, DC. There is an copies should be mailed to: Kimberly D. eSubscription link on the Web site that Bose, Secretary, Federal Energy enables subscribers to receive e-mail Regulatory Commission, 888 First DEPARTMENT OF ENERGY notification when a document is added Street, NE., Washington, DC 20426. For Federal Energy Regulatory to a subscribed dockets(s). For more information on how to submit Commission assistance with any FERC Online these types of filings please go to the service, please e-mail Commission’s Web site located at [Docket No. ER08–1260–000] [email protected] or call http://www.ferc.gov/filing- (866) 208–3676 (toll free). For TTY, call comments.asp. More information about Naturener Montana Wind Energy, LLC; (202) 502–8659. this project can be viewed or printed on Supplemental Notice That Initial the ‘‘eLibrary’’ link of the Commission’s Market-Based Rate Filing Includes Kimberly D. Bose, Web site at http://www.ferc.gov/docs- Request for Blanket Section 204 Secretary filing/elibrary.asp. Enter the docket Authorization [FR Doc. E8–17632 Filed 7–31–08; 8:45 am] number (P–13193) in the docket number BILLING CODE 6717–01–P July 25, 2008. field to access the document. For This is a supplemental notice in the assistance, call toll-free 1–866–208– above-referenced proceeding of DEPARTMENT OF ENERGY 3372. Naturener Montana Wind Energy, LLC’s Kimberly D. Bose, application for market-based rate Federal Energy Regulatory Secretary. authority, with an accompanying rate Commission [FR Doc. E8–17637 Filed 7–31–08; 8:45 am] schedule, noting that such application [Project No. 13193–000] includes a request for blanket BILLING CODE 6717–01–P authorization, under 18 CFR Part 34, of FFP Missouri 12, LLC; Notice of future issuances of securities and Preliminary Permit Application DEPARTMENT OF ENERGY assumptions of liability. Accepted for Filing and Soliciting Any person desiring to intervene or to Comments, Motions To Intervene, and Federal Energy Regulatory protest should file with the Federal Competing Applications Commission Energy Regulatory Commission, 888 July 25, 2008. First Street, NE., Washington, DC 20426, [Project No. 13194–000] in accordance with Rules 211 and 214 On April 22, 2008, FFP Missouri 12, of the Commission’s Rules of Practice LLC (Free Flow Power Corporation) FFP Missouri 13, LLC; Notice of and Procedure (18 CFR 385.211 and filed an application, pursuant to section Preliminary Permit Application 385.214). Anyone filing a motion to 4(f) of the Federal Power Act, proposing Accepted for Filing and Soliciting intervene or protest must serve a copy to study the feasibility of the Missouri Comments, Motions To Intervene, and of that document on the Applicant. River 12 Project, to be located in the Competing Applications Notice is hereby given that the Missouri River in Warren and Franklin deadline for filing protests with regard Counties, Missouri. July 25, 2008. to the applicant’s request for blanket The proposed Missouri River 12 On April 22, 2008, FFP Missouri 13, authorization, under 18 CFR Part 34, of project consists of: (1) 2,520 proposed LLC (Free Flow Power Corporation) future issuances of securities and 20-kilowatt Free Flow generating units filed an application, pursuant to section assumptions of liability, is August 14, having a total installed capacity of 50.4- 4(f) of the Federal Power Act, proposing 2008. megawatts, (2) a mooring system, (3) a to study the feasibility of the Missouri The Commission encourages proposed transmission line, and (4) River 13 Project, to be located in the electronic submission of protests and appurtenant facilities. The proposed Missouri River in Gasconade and interventions in lieu of paper, using the Missouri River Project 12 would have an Montgomery Counties, Missouri.

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The proposed Missouri River 13 DEPARTMENT OF ENERGY assistance, call toll-free 1–866–208– project consists of: (1) 3,960 proposed 3372. Federal Energy Regulatory 20-kilowatt Free Flow generating units Kimberly D. Bose, having a total installed capacity of 79.2- Commission Secretary. megawatts, (2) a mooring system, (3) a [FR Doc. E8–17639 Filed 7–31–08; 8:45 am] proposed transmission line, and (4) [Project No. 13195–000] appurtenant facilities. The proposed BILLING CODE 6717–01–P Missouri River Project 13 would have an FFP Missouri 14, LLC; Notice of average annual generation of 346,896- Preliminary Permit Application Accepted for Filing and Soliciting DEPARTMENT OF ENERGY gigawatt-hours, which would be sold to Comments, Motions To Intervene, and a local utility. Federal Energy Regulatory Competing Applications Applicant Contact: Mr. Daniel R. Commission Irwin, Free Flow Power Corporation, 33 July 25, 2008. [Project No. 13196–000] Commercial Street, Gloucester, MA On April 22, 2008, FFP Missouri 14, 01930, phone: 978/232–3536. LLC (Free Flow Power Corporation) FFP Missouri 15, LLC; Notice of Preliminary Permit Application FERC Contact: Patricia W. Gillis (202) filed an application, pursuant to section Accepted for Filing and Soliciting 502–8735. 4(f) of the Federal Power Act, proposing to study the feasibility of the Missouri Comments, Motions To Intervene, and Deadline for filing comments, motions River 14 Project, to be located in the Competing Applications to intervene, competing applications Missouri River in Osage and Callaway July 25, 2008. (without notices of intent), or notices of Counties, Missouri. On April 22, 2008, FFP Missouri 15, intent to file competing applications: 60 The proposed Missouri River 14 LLC (Free Flow Power Corporation) days from the issuance of this notice. project consists of: (1) 1,800 proposed filed an application, pursuant to section Comments, motions to intervene, 20-kilowatt Free Flow generating units 4(f) of the Federal Power Act, proposing notices of intent, and competing having a total installed capacity of 36- to study the feasibility of the Missouri applications may be filed electronically megawatts, (2) a mooring system, (3) a River 15 Project, to be located in the via the Internet. See 18 CFR proposed transmission line, and (4) Missouri River in Cole and Callaway appurtenant facilities. The proposed 385.2001(a)(1)(iii) and the instructions Counties, Missouri. on the Commission’s Web site under the Missouri River Project 14 would have an The proposed Missouri River 15 ‘‘e-Filing’’ link. If unable to be filed average annual generation of 157,680- project consists of: (1) 5,100 proposed electronically, documents may be paper- gigawatt-hours, which would be sold to 20-kilowatt Free Flow generating units filed. To paper-file, an original and eight a local utility. having a total installed capacity of 102- copies should be mailed to: Kimberly D. Applicant Contact: Mr. Daniel R. megawatts, (2) a mooring system, (3) a Bose, Secretary, Federal Energy Irwin, Free Flow Power Corporation, 33 proposed transmission line, and (4) Regulatory Commission, 888 First Commercial Street, Gloucester, MA appurtenant facilities. The proposed Street, NE., Washington, DC 20426. For 01930, phone: 978/232–3536. Missouri River Project 15 would have an more information on how to submit FERC Contact: Patricia W. Gillis, (202) average annual generation of 446,760- these types of filings please go to the 502–8735. gigawatt-hours, which would be sold to Commission’s Web site located at Deadline for filing comments, motions a local utility. http://www.ferc.gov/filing- to intervene, competing applications Applicant Contact: Mr. Daniel R. comments.asp. More information about (without notices of intent), or notices of Irwin, Free Flow Power Corporation, 33 this project can be viewed or printed on intent to file competing applications: 60 Commercial Street, Gloucester, MA the ‘‘eLibrary’’ link of Commission’s days from the issuance of this notice. 01930, phone: 978/232–3536. Web site at http://www.ferc.gov/docs- Comments, motions to intervene, FERC Contact: Patricia W. Gillis (202) filing/elibrary.asp. Enter the docket notices of intent, and competing 502–8735. number (P–13194) in the docket number applications may be filed electronically Deadline for filing comments, motions field to access the document. For via the Internet. See 18 CFR to intervene, competing applications 385.2001(a)(1)(iii) and the instructions (without notices of intent), or notices of assistance, call toll-free 1–866–208– on the Commission’s Web site under the intent to file competing applications: 60 3372. ‘‘e-Filing’’ link. If unable to be filed days from the issuance of this notice. Kimberly D. Bose, electronically, documents may be paper- Comments, motions to intervene, Secretary. filed. To paper-file, an original and eight notices of intent, and competing [FR Doc. E8–17638 Filed 7–31–08; 8:45 am] copies should be mailed to: Kimberly D. applications may be filed electronically Bose, Secretary, Federal Energy via the Internet. See 18 CFR BILLING CODE 6717–01–P Regulatory Commission, 888 First 385.2001(a)(1)(iii) and the instructions Street, NE., Washington, DC 20426. For on the Commission’s Web site under the more information on how to submit ‘‘e-Filing’’ link. If unable to be filed these types of filings please go to the electronically, documents may be paper- Commission’s Web site located at filed. To paper-file, an original and eight http://www.ferc.gov/filing- copies should be mailed to: Kimberly D. comments.asp. More information about Bose, Secretary, Federal Energy this project can be viewed or printed on Regulatory Commission, 888 First the ‘‘eLibrary’’ link of the Commission’s Street, NE., Washington, DC 20426. For Web site at http://www.ferc.gov/docs- more information on how to submit filing/elibrary.asp. Enter the docket these types of filings please go to the number (P–13195) in the docket number Commission’s Web site located at field to access the document. For http://www.ferc.gov/filing-

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comments.asp. More information about Any questions regarding the interested persons to comment on this this project can be viewed or printed on application should be directed to Consent Agreement, in accordance with the ‘‘eLibrary’’ link of Commission’s Lawrence O. Thomas, Director-Rates & CWA Section 311(b)(6)(C), 33 U.S.C. Web site at Regulatory, CenterPoint Energy Gas 1321(b)(6)(c). http://www.ferc.gov/docs-filing/ Transmission Company, P.O. Box DATES: Comments are due on or before elibrary.asp. Enter the docket number 21734, Shreveport, Louisiana 71151, or September 2, 2008. (P–13196) in the docket number field to call (318) 429–2804. ADDRESSES: Comments may be access the document. For assistance, Any person may, within 60 days after submitted electronically, by mail, or call toll-free 1–866–208–3372. the issuance of the instant notice by the Commission, file pursuant to Rule 214 through hand delivery/courier. Follow Kimberly D. Bose, of the Commission’s Procedural Rules the detailed instructions as provided in SUPPLEMENTARY Secretary. (18 CFR 385.214) a motion to intervene Section I.B of the [FR Doc. E8–17640 Filed 7–31–08; 8:45 am] or notice of intervention. Any person INFORMATION section. BILLING CODE 6717–01–P filing to intervene or the Commission’s FOR FURTHER INFORMATION CONTACT: Beth staff may, pursuant to section 157.205 of Cavalier, Special Litigation and Projects the Commission’s Regulations under the Division (2248–A), U.S. Environmental DEPARTMENT OF ENERGY Natural Gas Act (NGA) (18 CFR 157.205) Protection Agency, 1200 Pennsylvania file a protest to the request. If no protest Avenue, NW., Washington, DC 20460; Federal Energy Regulatory telephone (202) 564–3271; fax: (202) Commission is filed within the time allowed therefore, the proposed activity shall be 564–0010; e-mail: deemed to be authorized effective the [email protected]. [Docket No. CP08–442–000] day after the time allowed for protest. If SUPPLEMENTARY INFORMATION: a protest is filed and not withdrawn CenterPoint Energy Gas Transmission within 30 days after the time allowed I. General Information Company; Notice of Request Under for filing a protest, the instant request Blanket Authorization A. How Can I Get Copies of This shall be treated as an application for Document and Other Related July 25, 2008. authorization pursuant to section 7 of Information? Take notice that on July 18, 2008, the NGA. 1. Docket. EPA has established an The Commission strongly encourages CenterPoint Energy Gas Transmission official public docket for this action electronic filings of comments, protests, Company (CEGT), 1111 Louisiana under Docket ID No. EPA–HQ–OECA– and interventions via the Internet in lieu Street, Houston, Texas 77002–5231, 2008–0230. filed in Docket No. CP08–442–000, a of paper. See 18 CFR 385.2001(a)(1)(iii) The official public docket consists of prior notice request pursuant to sections and the instructions on the the Consent Agreement, proposed Final 157.205 and 157.216 of the Federal Commission’s Web site (http:// Order, and any public comments Energy Regulatory Commission’s www.ferc.gov) under the ‘‘e-Filing’’ link. received. Although a part of the official regulations under the Natural Gas Act Kimberly D. Bose, docket, the public docket does not for authorization to abandon, by sale Secretary. include Confidential Business and transfer, certain facilities in [FR Doc. E8–17641 Filed 7–31–08; 8:45 am] Information (CBI) or other information Oklahoma, all as more fully set forth in BILLING CODE 6717–01–P whose disclosure is restricted by statute. the application, which is on file with The official public docket is the the Commission and open to public collection of materials that is available inspection. The filing may also be ENVIRONMENTAL PROTECTION for public viewing at the Enforcement viewed on the Web at http:// AGENCY and Compliance Docket Information www.ferc.gov using the ‘‘eLibrary’’ link. Center (ECDIC) in the EPA Docket Enter the docket number excluding the [Docket ID Number EPA–HQ–OECA–2008– Center, (EPA/DC) EPA West, Room last three digits in the docket number 0230; FRL–8699–6] B102, 1301 Constitution Ave., NW., field to access the document. For Washington, DC. The EPA Docket assistance, contact FERC at Clean Water Act Class II: Proposed Center Public Reading Room is open [email protected] or call Administrative Settlement, Penalty from 8:30 a.m. to 4:30 p.m., Monday toll-free, (866) 208–3676 or TTY, (202) Assessment and Opportunity To through Friday, excluding legal 502–8659. Comment Regarding Windstream holidays. The telephone number for the Specifically, CEGT proposes to Corporation Public Reading Room is (202) 566–1744, abandon, by transfer and sale at net AGENCY: Environmental Protection and the telephone number for the ECDIC book value of $544,481 as of June 30, Agency (EPA). is (202) 566–1752. A reasonable fee may 2008, to CenterPoint Energy Resources ACTION: Notice. be charged by EPA for copying docket Corp., d/b/a Oklahoma Gas, an affiliated materials. local distribution company, a segment SUMMARY: EPA has entered into a 2. Electronic Access. You may access of Line 11 and entire Line 11–D. CEGT Consent Agreement with Windstream this Federal Register document states that Line 11 consists of 8,126 feet Corporation (Windstream) to resolve electronically through the EPA Internet of 41⁄2 inch steel pipe with two domestic violations of the Clean Water Act (CWA) under the ‘‘Federal Register’’ listings at taps and Line 11–D consists of 16,613 and the Emergency Planning and http://www.epa.gov/fedrgstr/. feet of 23⁄8 inch steel diameter pipe with Community Right-to-Know Act An electronic version of the public nine domestic taps, both located in (EPCRA), and their implementing docket is available through EPA’s Comanche County, Oklahoma. CEGT regulations. electronic public docket and comment asserts that Oklahoma Gas will The Administrator is hereby system, EPA Dockets. You may use EPA incorporate these lines as part of its providing public notice of this Consent Dockets at http://www.epa.gov/edocket/ existing low-pressure distribution Agreement and proposed Final Order, to submit or view public comments, system in Oklahoma. and providing an opportunity for access the index listing of the contents

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of the official public docket, and to receipt by EPA, identify the appropriate public docket, and made available in access those documents in the public docket identification number in the EPA’s electronic public docket. docket that are available electronically. subject line on the first page of your iii. Disk or CD–ROM. You may submit Once in the system, select ‘‘search,’’ comment. Please ensure that your comments on a disk or CD–ROM that then key in the appropriate docket comments are submitted within the you mail to the mailing address identification number. specified comment period. Comments identified in Section I.A.1. These Certain types of information will not received after the close of the comment electronic submissions will be accepted be placed in the EPA Dockets. period will be marked ‘‘late.’’ EPA is not in WordPerfect or ASCII file format. Information claimed as CBI and other required to consider these late Avoid the use of special characters and information whose disclosure is comments. any form of encryption. restricted by statute, which is not 1. Electronically. If you submit an 2. By Mail. Send your comments to: included in the official public docket, electronic comment as prescribed Enforcement and Compliance Docket will not be available for public viewing below, EPA recommends that you Information Center, Environmental in EPA’s electronic public docket. EPA’s include your name, mailing address, Protection Agency, Mailcode: 2201T, policy is that copyrighted material will and an e-mail address or other contact 1200 Pennsylvania Ave., NW., not be placed in EPA’s electronic public information in the body of your Washington, DC, 20460, Attention docket but will be available only in comment. Also include this contact Docket ID No. EPA–HQ–OECA–2008– printed, paper form in the official public information on the outside of any disk 0230. docket. To the extent feasible, publicly or CD–ROM you submit, and in any 3. By Hand Delivery or Courier. available docket materials will be made cover letter accompanying the disk or Deliver your comments to the address available in EPA’s electronic public CD–ROM. This ensures that you can be provided in Section I.A.1., Attention docket. When a document is selected identified as the submitter of the Docket ID No. EPA–HQ–OECA–2008– from the index list in EPA Dockets, the comment and allows EPA to contact you 0230. Such deliveries are only accepted system will identify whether the in case EPA cannot read your comment during the Docket’s normal hours of document is available for viewing in due to technical difficulties or needs operation as identified in Section I.A.1. EPA’s electronic public docket. further information on the substance of C. How Should I Submit CBI to the Although not all docket materials may your comment. EPA’s policy is that EPA Agency? be available electronically, you may still will not edit your comment, and any Do not submit information that you access any of the publicly available identifying or contact information docket materials through the docket consider to be CBI electronically provided in the body of a comment will through EPA’s electronic public docket facility identified in Section I.A.1. be included as part of the comment that For public commentors, it is or by e-mail. You may claim is placed in the official public docket, important to note that EPA’s policy is information that you submit to EPA as and made available in EPA’s electronic that public comments, whether CBI by marking any part or all of that public docket. If EPA cannot read your submitted electronically or in paper, information as CBI (if you submit CBI will be made available for public comment due to technical difficulties on disk or CD–ROM, mark the outside viewing in EPA’s electronic public and cannot contact you for clarification, of the disk or CD–ROM as CBI and then docket as EPA receives them and EPA may not be able to consider your identify electronically within the disk or without change, unless the comment comment. CD–ROM the specific information that contains copyrighted material, CBI, or i. EPA Dockets. Your use of EPA’s is CBI). Information so marked will not other information whose disclosure is electronic public docket to submit be disclosed except in accordance with restricted by statute. When EPA comments to EPA electronically is procedures set forth in 40 CFR Part 2. identifies a comment containing EPA’s preferred method for receiving In addition to one complete version of copyrighted material, EPA will provide comments. Go directly to EPA Dockets the comment that includes any a reference to that material in the at http://www.epa.gov/edocket and information claimed as CBI, a copy of version of the comment that is placed in follow the online instructions for the comment that does not contain the EPA’s electronic public docket. The submitting comments. Once in the information claimed as CBI must be entire printed comment, including the system, select ‘‘search,’’ and then key in submitted for inclusion in the public copyrighted material, will be available Docket ID No. EPA–HQ–OECA–2008– docket and EPA’s electronic public in the public docket. 0230. The system is an ‘‘anonymous docket. If you submit the copy that does Public comments submitted on access’’ system, which means EPA will not contain CBI on disk or CD–ROM, computer disks that are mailed or not know your identity, e-mail address, mark the outside of the disk or CD–ROM delivered to the docket will be or other contact information unless you clearly that it does not contain CBI. transferred to EPA’s electronic public provide it in the body of your comment. Information not marked as CBI will be docket. Public comments that are ii. E-mail. Comments may be sent by included in the public docket and EPA’s mailed or delivered to the Docket will electronic mail (e-mail) to electronic public docket without prior be scanned and placed in EPA’s [email protected], Attention Docket notice. If you have any questions about electronic public docket. Where ID No. EPA–HQ–OECA–2008–0230. In CBI or the procedures for claiming CBI, practical, physical objects will be contrast to EPA’s electronic public please consult the person identified in photographed, and the photograph will docket, EPA’s e-mail system is not an the FOR FURTHER INFORMATION CONTACT be placed in EPA’s electronic public ‘‘anonymous access’’ system. If you section. docket along with a brief description send an e-mail comment directly to the II. Background written by the docket staff. Docket without going through EPA’s electronic public docket, EPA’s e-mail Windstream Corporation is a B. How and To Whom Do I Submit system automatically captures your e- telecommunications company providing Comments? mail address. E-mail addresses that are voice, broadband, and entertainment You may submit comments automatically captured by EPA’s e-mail services to customers in sixteen (16) electronically, by mail, or through hand system are included as part of the states, and is incorporated in the State delivery/courier. To ensure proper comment that is placed in the official of Delaware. Windstream disclosed,

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pursuant to EPA’s policy entitled negotiated and signed an administrative ENVIRONMENTAL PROTECTION ‘‘Incentives for Self-Policing: Discovery, Consent Agreement, following the AGENCY Disclosure, Correction and Prevention of Consolidated Rules of Practice, 40 CFR Violations’’ (Audit Policy), 65 FR 19618 22.13(b), on June 27, 2008 (In Re: [ER–FRL–8584–3] (April 11, 2000), violations of the CWA Windstream Corporation, Docket Nos. and EPCRA, and their implementing CWA–HQ–2008–8001, EPCRA–HQ– Environmental Impact Statements and regulations. 2008–8001). This Consent Agreement is Regulations; Availability of EPA Specifically, Windstream disclosed subject to public notice and comment Comments that it failed to prepare and implement under CWA Section 311(b)(6), 33 U.S.C. a Spill Prevention, Control, and Availability of EPA comments 1321(b)(6). Countermeasure (SPCC) Plan for its prepared pursuant to the Environmental Concord, NC facility in violation of Under CWA Section 311(b)(6)(A), 33 Review Process (ERP), under section CWA Section 311(j), 33 U.S.C. 1321(j), U.S.C. 1321(b)(6)(A), any owner, 309 of the Clean Air Act and Section and 40 CFR part 112. EPA, as authorized operator, or person in charge of a vessel, 102(2)(c) of the National Environmental by CWA Section 311(b)(6), 33 U.S.C. onshore facility, or offshore facility from Policy Act as amended. Requests for 1321(b)(6), has assessed a civil penalty which oil is discharged in violation of copies of EPA comments can be directed for this violation. CWA Section 311(b)(3), 33 U.S.C. to the Office of Federal Activities at In addition, Respondent disclosed 1321(b)(3), or who fails or refuses to 202–564–7146. An explanation of the ratings assigned that it had failed to comply with EPCRA comply with any regulations that have to draft environmental impact Section 312, 42 U.S.C. 11022, and the been issued under CWA Section 311(j), statements (EISs) was published in FR regulations found at 40 CFR 370.25, 33 U.S.C. 1321(j), may be assessed an dated April 6, 2008 (73 FR 19833). when it failed to prepare and submit administrative civil penalty of up to emergency and chemical inventory $157,500 by EPA. Class II proceedings Draft EISs forms to the Local Emergency Planning under CWA Section 311(b)(6), 33 U.S.C. Commission (LEPC), the State EIS No. 20080197, ERP No. D–BLM– Emergency Response Committee 1321(b)(6), are conducted in accordance K60041–NV, Lincoln County Land Act (SERC), and the fire department with with 40 CFR Part 22. (LCLA) Groundwater Development jurisdiction over each facility, at the Under EPCRA Section 325, 42 U.S.C. and Utility Right-of-Way Project, following facilities: Brownfield, TX; 11045, the Administrator may issue an Implementation, To Grant a Right-of- Dalhart, TX; Dimmitt, TX; Dumas, TX; administrative order assessing a civil Way Permit for Groundwater Hubbard, TX; Levelland, TX; Glen Rose, penalty against any person who has Development and Utility Facilities, TX; Littlefield, TX; Crockett, TX; violated applicable emergency planning Lincoln County, NV. DeKalb, TX; Spearman, TX; Seymour, or right-to-know requirements, or any Summary: EPA expressed TX; Pecos, TX; Newton, TX; Lubbock, other requirement of EPCRA. environmental concerns about the long- TX; Trinity, TX; Texarkana, TX; New Proceedings under EPCRA Section 325, term availability of the water supply, Boston, TX; Memphis, TX; Fairfield, TX; 42 U.S.C. 11045, are conducted in conservation and water use efficiency, Crosbyton, TX; Higgins, TX; Follett, TX; accordance with 40 CFR Part 22. and indirect and cumulative impacts, Darrouzett, TX; Panhandle, TX; Lamesa, and recommended continued TX; Claude, TX; MoBeetie, TX; The procedures by which the public collaboration through a regional Burkeville, TX; Baird, TX; Hart, TX; may comment on a proposed Class II groundwater framework to ensure Orla, TX; Perryton, TX; Cuba, NM; penalty order, or participate in a CWA efficient long-term sustainable use of the Ruidoso, NM; White City, NM; Hobbs, Class II penalty proceeding, are set forth deep carbonate-rock aquifer, and NM; Espanola, NM; Checotah, OK; in 40 CFR 22.45. The deadline for evaluation and commitment to specific Wagoner, OK; Barnsdall, OK; Lindsay, submitting public comment on this climate change adaptation measures and OK; Albemarle, NC; Charlotte, NC; Consent Agreement is September 2, back-up water supplies. Rating EC2. Concord, NC; and Harrisburg, NC. EPA, 2008. All comments will be transferred EIS No. 20080200, ERP No. D–AFS– as authorized by EPCRA Section 325, 42 to the Environmental Appeals Board J65515–UT, Dixie National Forest U.S.C. 11045, has assessed a civil (EAB) of EPA for consideration. The Motorized Travel Plan, penalty for these violations. powers and duties of the EAB are Implementation, Dixie National and EPA determined that Respondent met outlined in 40 CFR 22.4(a). the Teasdale portion of the Fremont the criteria set out in the Audit Policy River Ranger District on the Fishlake for a 100% waiver of the gravity Pursuant to CWA Section National Forest, Garfield, Iron, Kane, component of the penalty for the CWA 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), Piute, Washington and Wayne and EPCRA violations. Therefore, EPA EPA will not issue an order in this Counties, UT. proposes to waive the gravity-based proceeding prior to the close of the penalty of $414,290 and proposes a public comment period. Summary: EPA does not object to the proposed action. Rating LO. settlement penalty amount of $11,333. Dated: July 17, 2008. This is the amount of the economic EIS No. 20080209, ERP No. D–AFS– Bernadette Rappold, benefit gained by Respondent, J65516–WY, Inyan Kara Analysis Area attributable to its delayed compliance Director, Special Litigation and Projects Vegetation Management, Proposes to with the CWA and EPCRA regulations. Division, Office of Enforcement and Implement Best Management Compliance Assurance. Of this amount, $861 is attributable to Livestock Grazing Practices and the CWA–SPCC violation, and $10,472 [FR Doc. E8–17724 Filed 7–31–08; 8:45 am] Activities Associated with Adaptive is attributable to the EPCRA violations. BILLING CODE 6560–50–P Management and Monitoring The total civil penalty assessed for Strategies, Douglas Ranger District, settlement purposes is eleven thousand Medicine Bow Routt National Forest three hundred and thirty-three dollars and Thunder Basin National ($11,333). Respondent has agreed to pay Grassland, Niobrara and Weston this amount. EPA and Respondent Counties, WY.

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Summary: EPA expressed Resource Management Plan, Counties, VA, Wait Period Ends: 09/ environmental concerns about potential Implementation, Grand and San Juan 02/2008, Contact: Kenneth Myers water quality impacts to riparian/stream Counties, UT, Wait Period Ends: 09/ 804–775–3353. systems due to past grazing activities. 02/2008, Contact: Brent Northrup Amended Notices EPA supports adaptive management 435–259–2100. practices proposed by the Forest Service EIS No. 20080288, Draft Supplement, EIS No. 20080227, Second Draft for improve existing resource conditions NOA, 00, Amendment 16 to the Supplement, TPT, CA, Presidio Trust impacted by grazing and long-term Fishery Management Plan for the Management Plan (PTMP), Updated drought. EPA requested that the final Snapper Grouper Fishery, Additional Information on the Concept for the EIS include a drought management plan Information to Analyze Four New 120-Acre Main Post District, Area B of and baseline data for monitoring and Management Measures Alternatives the Presidio of San Francisco, protecting water quality. Rating EC2. for Gag and Vermillion Snapper, Implementation, City and County of EIS No. 20080219, ERP No. D–NOA– Implementation, South Atlantic San Francisco, CA, Comment Period E39073–00, Programmatic—Coral Region, Comment Period Ends: 09/15/ Ends: 09/19/2008, Contact: John G. Restoration in the Florida Keys and 2008, Contact: Dr. Roy E. Crabtree Pelka 415–561–5300. Flower Garden Banks National Marine 727–824–5305. Revision to FR Notice Published: Sanctuaries, Implementation, FL, TX, EIS No. 20080289, Final EIS, FTA, TX, Extending Comment Period from 07/31/ and LA. Northwest Corridor Light Rail Transit 2008 to 09/19/2008. Line (LRT) to Irving/Dallas/Fort Summary: EPA does not object to the Worth International Airport, Dated: July 29, 2008. proposed action, but requested Construction, Dallas County, TX, Wait Robert W. Hargrove, additional data to clarify timeframes of Period Ends: 09/02/2008, Contact: Director, NEPA Compliance Division, Office coral growth and the level of effort to Elizabeth Zekasko 202–366–0244. of Federal Activities. conduct the restoration projects. Rating EIS No. 20080290, Draft EIS, STB, 00, [FR Doc. E8–17722 Filed 7–31–08; 8:45 am] LO. Elgin, Joliet & Eastern Railroad BILLING CODE 6560–50–P Dated: July 29, 2008. (Finance Docket No. 35087) Proposed Robert W. Hargrove, Acquisition by Canadian National Director, NEPA Compliance Division, Office (CN) Railway and Grand Trunk ENVIRONMENTAL PROTECTION of Federal Activities. Corporation to connect all Five of AGENCY [FR Doc. E8–17718 Filed 7–31–08; 8:45 am] CN’s Rail lines, Chicago, Illinois and [EPA–HQ–OECA–2007–0291; FRL–8700–2] BILLING CODE 6560–50–P Gary, Indiana, Comment Period Ends: 09/30/2008, Contact: Phillis Johnson- Interim Approach to Applying the Audit Ball 202–245–0304. Policy to New Owners ENVIRONMENTAL PROTECTION EIS No. 20080291, Draft EIS, AFS, CO, AGENCY Colorado Roadless Areas Rulemaking, AGENCY: Environmental Protection Proposes to Promulgate a State- Agency. [ER–FRL–8584–2] Specific Rule to Manage Roadless ACTION: Notice; request for comment. Values and Characteristics, Colorado Environmental Impacts Statements; SUMMARY: The Environmental Protection Notice of Availability Forests with Roadless Areas include: Arapaho and Roosevelt: Grand Mesa, Agency (‘‘EPA’’ or ‘‘the Agency’’) Responsible Agency: Office of Federal Uncompahgre, and Gunnison; Manti- announces and requests comment on its Activities, General Information (202) La Sal (portion in Colorado); Pike and Interim Approach to Applying the Audit 564–7167 or http://www.epa.gov/ San Isabel; Rio Grande; Routt: San Policy to New Owners (‘‘Interim compliance/nepa/. Juan; and White River National Approach’’). (EPA’s April 11, 2000 Weekly receipt of Environmental Impact Forests, CO, Comment Period Ends: policy on ‘‘Incentives for Self-Policing: Statements 10/23/2008, Contact: Kathy Kurtz Discovery, Disclosure, Correction and Filed 07/21/2008 Through 07/25/2008. 303–275–5083. Prevention of Violations,’’ is commonly Pursuant to 40 CFR 1506.9. EIS No. 20080292, Draft EIS, IBR, CA, referred to as the ‘‘Audit Policy’’ (65 FR EIS No. 20080285, Final EIS, NPS, MT, Millerton Lake Resource Management 19618).) This Interim Approach offers a Avalanche Hazard Reduction Project, Plan (RMP) and General Plan, detailed description of how EPA will Issuance of Special Use Permit for the Implementation, Fresno and Madera apply its Audit Policy to new owners of Use of Explosives in the Park, Counties, CA, Comment Period Ends: regulated facilities. Under the Interim Burlington Northern Santa Fe 09/15/2008, Contact: Robert Epperson Approach, EPA will offer certain Railway, Glacier National Park, 559–269–4518. incentives specifically tailored to new Flathead National Forest, Flathead EIS No. 20080293, Draft EIS, IBR, CA, owners that want to make a ‘‘clean and Glacier Counties, MT, Wait Cachuma Lake Resource Management start’’ at their newly acquired facilities Period Ends: 09/02/2008, Contact: Plan, Implementation, Cachuma Lake, by addressing environmental Chas Cartwright 406–888–7898. Santa Barbara County, CA, Comment noncompliance that began prior to EIS No. 20080286, Final EIS, AFS, UT, Period Ends: 09/15/2008, Contact: acquisition. This Interim Approach is Pockets Resource Management Sharon McHale 916–989–7172. designed to motivate new owners to Project, Proposes to Salvage Dead and EIS No. 20080294, Final EIS, FHW, VA, audit newly acquired facilities and use Dying Spruce/Fir, Regenerate Aspen, U.S. 460 Location Study Project, the Audit Policy to disclose, correct, and Manage Travel, Escalate Ranger Transportation Improvements from I– and prevent the recurrence of violations. District, Dixie National Forest, 295 in Prince George County to the It is also designed to encourage self- Garfield County, UT, Wait Period Interchange of Route 460 and 58 along disclosures of violations that will, once Ends: 09/02/2008, Contact: Robert G. the Suffolk Bypass, Funding, U.S. corrected, yield significant pollutant MacWhorter 435–826–5400. Army COE Section 10 and 404 reductions and benefits to the EIS No. 20080287, Final EIS, BLM, UT, Permits, Prince George, Sussex, Surry, environment. The incentives tailored for Moab Field Office Planning Area, Southampton and Isle of Wight new owners include penalty mitigation

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beyond what is provided in the Audit comment on the Interim Approach in submit an electronic comment, EPA Policy, as well as the modification of writing. Comments must be received by recommends that you include your certain Audit Policy conditions. EPA no later than October 30, 2008. name and other contact information in Through applying a clear, transparent, ADDRESSES: Submit your comments, the body of your comment and with any and easily administered Interim identified by Docket ID No. EPA–HQ– disk or CD–ROM you submit. If EPA Approach to resolving disclosures from OECA–2007–0291, by one of the cannot read your comment due to new owners, the Agency seeks to use following methods: technical difficulties and cannot contact the Audit Policy to leverage its ability • http://www.regulations.gov: Follow you for clarification, EPA may not be to make effective use of scarce the on-line instructions for submitting able to consider your comment. government resources. If procedural and comments. Electronic files should avoid the use of transaction costs can be minimized for • E-mail: [email protected], special characters, any form of regulators and self-disclosing new Attention Docket ID No. EPA–HQ– encryption, and be free of any defects or owners, EPA anticipates that the OECA–2007–0291. viruses. For additional information opportunity to work with new owners • Fax: (202) 566–9744, Attention about EPA’s public docket, visit the EPA as they make clean starts at their new Docket ID No. EPA–HQ–OECA–2007– Docket Center homepage at http:// facilities can help secure higher quality 0291. www.epa.gov/epahome/dockets.htm. environmental improvements more • Mail: Enforcement and Compliance Docket: All documents in the docket quickly and effectively than might Docket Information Center, are listed in the http:// otherwise occur. Environmental Protection Agency, www.regulations.gov index. Although On May 14, 2007, EPA published a Mailcode: 2822T, 1200 Pennsylvania listed in the index, some information is Federal Register Notice entitled Ave., NW., Washington, DC, 20460, not publicly available, e.g., CBI or other ‘‘Enhancing Environmental Outcomes Attention Docket ID No. EPA–HQ– information whose disclosure is From Audit Policy Disclosures Through OECA–2007–0291. restricted by statute. Certain other Tailored Incentives for New Owners’’ • Hand Delivery: Enforcement and material, such as copyrighted material, (72 FR 27116) (‘‘First Notice’’) seeking Compliance Docket Information Center will be publicly available only in hard public comment on whether and to in the EPA Docket Center (EPA/DC), copy. Publicly available docket what extent the Agency should consider EPA West, Room B 3334, 1301 materials are available either offering tailored incentives to encourage Constitution Avenue, NW., Washington, electronically at http:// new owners of regulated entities to DC. The EPA Docket Center Public www.regulations.gov or in hard copy at discover, disclose, correct, and prevent Reading Room is open from 8:30 a.m. to the Enforcement and Compliance the recurrence of environmental 4:30 p.m., Monday through Friday, Docket Information Center in the EPA violations pursuant to the Audit Policy. excluding legal holidays. The telephone Docket Center (EPA/DC), EPA West, The Agency received public comment number for the Reading Room is (202) Room B 3334, 1301 Constitution supportive of the idea of offering 566–1744, and the telephone number for Avenue, NW., Washington, DC. The tailored incentives to new owners, and the Enforcement and Compliance EPA Docket Center Public Reading decided to develop an approach to Docket is (202) 566–1927. Such Room is open from 8:30 a.m. to 4:30 applying the Audit Policy to new deliveries are only accepted during the p.m., Monday through Friday, excluding owners. The Agency believes the most Docket’s normal hours of operation, and legal holidays. The telephone number efficient way to effectively test this special arrangements should be made for the Reading Room is (202) 566–1744, strategy, and learn from practical for deliveries of boxed information. and the telephone number for the experience, is to implement it on an Instructions: Direct your comments to Enforcement and Compliance Docket is interim basis. Accordingly, the Agency Docket ID No. EPA–HQ–OECA–2007– (202) 566–1927. has decided to begin applying the 0291. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: For Interim Approach, effective upon received will be included in the public further information, contact Caroline publication of this Notice. EPA is docket without change and may be Makepeace of EPA’s Office of concurrently seeking public comment made available online at http:// Enforcement and Compliance on the Interim Approach for a period of www.regulations.gov, including any Assurance, Office of Civil Enforcement, 90 days. EPA will be reviewing public personal information provided, unless Special Litigation and Projects Division comment as it is received and will the comment includes information at [email protected] or (202) continue its dialogue with stakeholders claimed to be Confidential Business 564–6012. on whether refinements to the Interim Information (CBI) or other information SUPPLEMENTARY INFORMATION: Approach are needed. In addition, the whose disclosure is restricted by statute. Agency will place into the public docket Do not submit information that you I. Background and Goals copies of agreements resolving consider to be CBI or otherwise A. Background on EPA’s Exploration of violations disclosed by new owners protected through http:// Tailored Incentives for New Owners under the Interim Approach. In any www.regulations.gov. The http:// event, EPA intends to assess the www.regulations.gov Web site is an 1. Overview of the Audit Policy effectiveness of the Interim Approach ‘‘anonymous access’’ system, which On April 11, 2000, EPA issued its on a continual basis. Based on public means EPA will not know your identity revised final Audit Policy, or ‘‘2000 comment and after the Agency has or contact information unless you Audit Policy’’ (65 FR 19618). The gained sufficient experience in provide it in the body of your comment. purpose of the Audit Policy is to implementing the Interim Approach, If you send an e-mail comment directly enhance protection of human health and EPA will decide to finalize, revise or to EPA without going through http:// the environment by encouraging discontinue these tailored incentives for www.regulations.gov, your e-mail regulated entities to voluntarily new owners. address will be automatically captured discover, promptly disclose, DATES: The Interim Approach is and included as part of the comment expeditiously correct and prevent the effective upon publication of this that is placed in the public docket and recurrence of violations of federal Notice. EPA urges interested parties to made available on the Internet. If you environmental law. Benefits available to

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entities that make disclosures under the violations can be found at http:// Asked Questions document provides terms of the Audit Policy include www.epa.gov/compliance/resources/ that: reductions in and, in some cases, the policies/incentives/auditing/ • For new owners that in good faith elimination of civil penalties and an auditcrimvio-mem.PDF. The Small undertake a compliance evaluation and EPA determination not to recommend Business Compliance Policy (65 FR inform the Agency of such actions, criminal prosecution of disclosing 19630), published April 11, 2000, is an either by disclosure in writing or entry entities (ultimate prosecutorial additional voluntary disclosure policy into an Audit Agreement, prior to discretion resides with the U.S. that provides incentives for small submission of its first annual Title V Department of Justice). businesses (of 100 or fewer employees) certification, the violations disclosed The Audit Policy contains nine that voluntarily discover, promptly would be considered voluntarily conditions, and entities that meet all of disclose and expeditiously correct discovered for purposes of the Audit them are eligible for 100 percent environmental violations. More Policy. mitigation of any gravity-based civil information on the Small Business Generally, Clean Air Act (CAA) penalties that otherwise could be Compliance Policy is available at violations discovered during activities assessed in settlement of the disclosed http://www.epa.gov/compliance/ supporting Title V certification violations. (‘‘Gravity-based’’ penalty incentives/smallbusiness/index.html. requirements are not eligible for penalty refers to that portion of the civil penalty mitigation under the Policy. Condition 2 over and above the portion that 2. How the Audit Policy Has Been of the Audit Policy requires that represents the entity’s economic gain Applied to New Owners disclosed violations must not be from noncompliance, known as the Historically, EPA has recognized that discovered through a legally mandated ‘‘economic benefit.’’) Regulated entities additional flexibility in Audit Policy monitoring or sampling requirement that do not meet the first condition— implementation may be appropriate for prescribed by statute or regulation; systematic discovery of violations—but new owners. The 2000 Audit Policy therefore, examination of CAA meet the other eight conditions are addressed new owners and repeat compliance accompanying a Title V eligible for 75 percent mitigation of any 2 violations, focusing on pre-acquisition annual certification is not voluntary. gravity-based penalties. The Audit violations at the newly acquired facility: However, EPA wants to encourage new Policy includes important safeguards to ‘‘[i]f a facility has been newly acquired, owners to examine facility operations to deter violations and protect the the existence of a violation prior to determine compliance, correct environment. For example, the Audit acquisition does not trigger the repeat violations, and upgrade deficient Policy requires entities to act to prevent violations exclusion’’ as to the new equipment and practices. Thus, for new recurrence of violations and to remedy owner (65 FR at 19623). In addition, the owners that in good faith undertake any environmental harm that may have Audit Policy states that, in the such efforts and inform the Agency of occurred. Repeat violations, those that such actions, either by disclosure in resulted in serious actual harm to the acquisitions context, EPA will consider extending the prompt disclosure period writing or entry into an audit agreement environment, and those that may have with EPA prior to submission of the presented an imminent and substantial on a case-by-case basis. It also states that the 21-day disclosure period will begin facility’s first annual Title V endangerment are not eligible for relief certification under new ownership, the under the Audit Policy. Entities and on the date of discovery by the acquiring entity, but in no case will the violations disclosed would be individuals also remain criminally considered voluntarily discovered for liable for violations that result from period begin earlier than the date of acquisition. See 65 FR at 19622. purposes of the Audit Policy. conscious disregard of, or willful EPA’s Answer to Question 5 of the blindness to, their obligations under the EPA’s primary interest is to encourage 2007 Frequently Asked Questions law. owners of newly acquired facilities to document also provides that: Once a regulated entity discloses undertake a comprehensive examination • New owners may be eligible for violations in writing to EPA, EPA of and improvements to a facility’s penalty mitigation under the Audit evaluates the violations against the environmental compliance and its Policy for violations at newly acquired criteria set forth in the Audit Policy, and compliance management systems. facilities irrespective of the disclosing determines the appropriate enforcement Notwithstanding a new owner’s history entity’s compliance history at other response. For cases involving no of violations at its other facilities, if its facilities. assessment of penalties, the efforts to examine and improve upon an enforcement response for voluntary acquired facility’s environmental 3. First Federal Register Notice and disclosures is usually a Notice of operations are thorough and are likely to Public Comment Process on This Topic Determination (‘‘NOD’’). Audit Policy result in improved compliance, EPA’s EPA’s First Notice was issued to disclosures may also be resolved intent is to encourage such solicit public input and information to through an administrative consent examinations. be used in helping EPA better agreement and final order, or a civil On April 30, 2007, EPA issued the understand and formulate decisions judicial consent decree. If the disclosure ‘‘Audit Policy: Frequently Asked about issues associated with offering does not meet the conditions of the Questions (2007)’’ document applicable policy, the matter is handled (‘‘Frequently Asked Questions’’) which 2 Under the regulations governing CAA Title V under the appropriate media-specific recognizes that new owners are permit applications and annual compliance certifications, any application, form, report or penalty policies, which often include uniquely situated to examine and penalty mitigation for voluntary compliance certification is required to contain a improve performance at newly acquired certification by a responsible official of the truth, disclosures. facilities.1 Specifically, EPA’s Answer to accuracy and completeness of information The Audit Policy and related Question 2 of the 2007 Frequently contained in such documents. The regulations documents are available on the Internet further provide that ‘‘[t]his certification and any at http://www.epa.gov/compliance/ other certification required under this part shall 1 The 2007 Frequently Asked Questions state that, based on information and belief formed incentives/auditing/auditpolicy.html. document can be found on the Internet at http:// after reasonable inquiry, the statements and Additional guidance for implementing www.epa.gov/compliance/incentives/auditing/ information in the document are true, accurate, and the Policy in the context of criminal 2007-faqs.pdf. complete.’’ 40 CFR 70.5(d).

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tailored Audit Policy incentives to new B. EPA’s Development of an Interim may still have to pay substantial civil owners. The Agency identified for Approach to Applying the Audit Policy penalties under the Audit Policy, unless comment a series of questions: (1) in the New Owner Context the economic benefit portion of the Should EPA offer tailored incentives to While EPA’s Audit Policy program penalty is insignificant. Therefore, new encourage new owners of regulated has been a successful effort to date, owners may be reluctant to call EPA’s entities to discover, disclose, correct, resolving disclosed violations involving attention to compliance issues at their and prevent environmental violations; over 3,500 entities and nearly 10,000 newly acquired facilities when they (2) how should the Agency determine facilities, its potential as a tool to themselves may not be fully aware of all who is a new owner; (3) what incentives promote compliance, and in particular the compliance issues presented. should the Agency consider offering in to produce significant pollutant Particularly when many and/or complex order to encourage new owners to self- reductions, has still not been fully facilities are involved, it may be audit and disclose; and (4) if such realized. More than half of these Audit difficult for new owners to have a reasonable idea of the full spectrum of tailored incentives are offered, what Policy disclosures have involved compliance issues. measures should the Agency use in reporting violations which, while In addition, the Agency’s experience determining whether and to what extent important for public information and with implementing the Audit Policy, self-audits by and disclosures from new safety purposes, may not produce especially with regard to corporate owners are achieving significant significant reductions in pollutant auditing agreements, suggests that one improvements to the environment. emissions once the violations are of the major reasons a company may be Formal notice and comment on such corrected. Consistent with EPA’s hesitant to self-audit and disclose under policy matters are not required, but the strategic plan, the Agency is seeking the Audit Policy is uncertainty about Agency thought it prudent to invite ways to increase the number of Audit how the Agency will treat such self- public input, given the significant Policy self-disclosures that have the disclosures. EPA is currently making an objectives EPA hopes to achieve and its potential to yield significant effort to provide greater overall certainty desire to develop any incentives in a environmental benefits while effecting and consistency in the Audit Policy’s transparent and inclusive way. compliance with federal environmental implementation, and the recently-issued requirements. In developing and EPA set up an electronic docket to 2007 Frequently Asked Questions implementing an approach to applying facilitate the comment process for the document should help provide greater the Audit Policy to new owners, the First Notice and to make all the certainty about how the Agency will Agency has two primary goals: (1) To comments readily available to the apply the Audit Policy to a particular secure the prompt correction of set of facts. Nevertheless, there is likely public. The Agency also held two public environmental violations, and (2) to meetings, in Washington, DC and San still some hesitation on the part of new achieve significant pollutant reductions owners to self-disclose violations, Francisco, California to facilitate oral and improvements to the environment comments. In addition, the day after because of concerns about exactly how as efficiently and expeditiously as such disclosures will be handled by the each public meeting, the Agency invited possible. a diverse and balanced group of Agency. Based in part on its recent experience In the Interim Approach to applying industry, government, academic and with corporate auditing agreements and the Audit Policy to new owners, interest group participants to smaller disclosures following acquisitions, the described in this Notice, EPA is offering working sessions to discuss the same Agency believes that encouraging the certain incentives to further encourage questions and issues that were posed in new owners of regulated facilities to new owners to discover, disclose, the First Notice. The working sessions assess, disclose, and address correct and prevent the recurrence of were designed to give the Agency an environmental compliance at their violations that began prior to their opportunity to hear the views of a newly acquired facilities presents a acquisition. The incentives include variety of individuals with different promising opportunity to achieve penalty mitigation beyond what the perspectives and experiences in a significant improvements to the Audit Policy generally provides and the relatively informal and frank environment in an expeditious and clearly-stated modification of certain atmosphere, where remarks would be efficient way. EPA believes that when a Audit Policy conditions. The Agency summarized but not attributed to new owner takes control of a facility, a recognizes that there are equitable and individual participants. No consensus of host of factors may make it feasible and policy arguments that a new owner opinion was sought or presented. attractive for a new owner to focus on, should not be penalized for the full The written comments, transcripts of and invest in, assessing and addressing economic benefit relating to violations the public meetings and summaries of environmental compliance issues. New that arose before a facility was under its the comments made during the working owners may be well-situated to make an control, if that new owner is willing to sessions, as well as the Notice itself are environmental ‘‘clean start’’ because promptly address such violations and available in the docket at http:// they may already be auditing and make changes to ensure that the facility www.regulations.gov, Docket ID No. assessing their new facilities, may have stays in compliance in the future. EPA EPA–HQ–OECA–2007–0291, or at the funding available to fix problems, and anticipates that such incentives may have an opportunity to manage and EPA Docket Center for which the make the difference in the willingness reduce risk by addressing and disclosing of new owners to come forward and physical address is listed above. noncompliance. commit to improving environmental EPA received thoughtful and Although EPA believes there are compliance and reduce impacts on the informative comments in response to compelling reasons that new owners environment. the First Notice that helped the Agency may be motivated to address Through implementing a clear, as it considered whether to proceed in noncompliance at their facilities, the transparent, and easily administered developing an approach to applying the Agency recognizes that there may be approach to resolving disclosures from Audit Policy to new owners, and how factors that new owners otherwise new owners, the Agency seeks to use to structure such an approach to meet interested in using the Audit Policy the Audit Policy to leverage its ability the goals described below in section I.B. perceive as disincentives. New owners to make effective use of scarce

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government resources. If procedural and ‘‘applied’’ and met eligibility initiate. The first criterion of the transaction costs can be minimized for requirements. To others, the term definition of ‘‘new owner’’ asks the new regulators and self-disclosing new ‘‘pilot’’ appeared to imply, again owner to confirm the history of its owners, EPA expects that the incorrectly, that the use of this relationship to the facility at issue, and opportunity to work with new owners settlement approach would be a limited to the violations being disclosed. EPA as they make clean starts at their new experiment, open only to a select group intends that this criterion be interpreted facilities can help secure higher quality of new owners. Thus, EPA is now broadly, and in a common sense environmental improvements more describing the first phase of applying of manner. For purposes of interpreting quickly and effectively than might the Audit Policy to new owners as an this criterion, the Agency’s focus will be otherwise occur. Interim Approach. However defined, on ownership, or managerial, or The Agency intends to assess, on an EPA intends to test the approach, and operational control of the environmental ongoing basis, whether this is in fact a decide to continue, change, or abandon operations at the facility. EPA will useful approach, yielding worthwhile it, once the Agency has sufficient assume, for purposes of interpreting this results, and to consider whether such information and feedback to evaluate its criterion, that responsibility for incentives produce any unintended effectiveness. environmental compliance or for any adverse results, such as discouraging violations may be shared by corporate appropriate due diligence, timely A. Definition of ‘‘New Owner’’ entities, controlling stockholders and compliance and/or the achievement and EPA has developed a set of criteria operators and does not, for example, lie maintenance of a fair and level playing defining which entities are eligible to be solely with individual employees or field. The approach will be considered new owners under the contractors at the facility. implemented on an interim basis, with Interim Approach. The second criterion specifies that the opportunity for changes or ‘‘new owner’’ approach will only be discontinuation, if warranted. 1. Interim Approach to Defining ‘‘New applied to violations that did not Owner’’ originate with the new owner, as II. Interim Approach To Applying the For purposes of the application of this opposed to violations that are wholly Audit Policy To New Owners tailored Interim Approach, an entity new and began after the transaction. For To further the goals described above will be considered a ‘‘new owner’’ example, if the new owner were to in section I.B., EPA has developed an where it certifies to the following install a new oil storage tank and fail to Interim Approach to applying the Audit criteria: provide for required secondary Policy to new owners, which is a. Prior to the transaction, the new containment pursuant to 40 CFR 112, described in this section. Comments owner was not responsible for such action would trigger a wholly new that the Agency received from the environmental compliance at the facility violation. If the new owner disclosed public in response to the First Notice on which is the subject of the disclosure, this violation to EPA, the Agency would this topic were supportive of developing did not cause the violations being not apply the new owner approach to tailored Audit Policy incentives for new disclosed and could not have prevented resolve the disclosure, but would treat owners. Many comments did include their occurrence; it as a regular Audit Policy matter. New caveats that any successful approach b. The violation which is the subject owners should bear in mind that even would need to be reasonable, simple, of the disclosure originated with the if such violations would not qualify for certain and clear, with a predictable and prior owner; and new owner penalty mitigation and streamlined resolution process that still c. Prior to the transaction, neither the benefits, they may nonetheless be allowed flexibility, where appropriate. buyer nor the seller had the largest eligible for Audit Policy consideration. The Agency decided that the most ownership share of the other entity, and The third criterion serves several efficient way to effectively test and they did not have a common corporate functions. Notwithstanding that a new refine the approach would be to parent. owner might be willing and able to implement it on an interim basis, and certify under the first criterion that it 2. Discussion of the ‘‘New Owner’’ reap the benefit of practical experience. lacked actual control of operations at Definition Accordingly, with this Notice, EPA is the facility, the Agency is proposing to announcing that the Agency will In its First Notice, EPA sought exclude all new owners that had the implement the Interim Approach, comment on what should constitute a largest pre-transaction ownership effective immediately. In addition, EPA ‘‘new owner’’ for purposes of being interest in the facility. Drawing this is concurrently seeking comment on the offered tailored incentives under the clear line at ‘‘largest ownership share’’ overall design and specific elements of Audit Policy. Commenters on the First is intended to help ensure that the the Interim Approach, as well as on any Notice generally urged EPA to define a Agency is faced with fewer scenarios relevant issues or considerations which ‘‘new owner’’ broadly and to consider that raise questions about the extent of may not appear to be reflected. In some that a wide range of transactions might influence that the new and previous sections, certain issues are specifically potentially produce a qualifying new owners may have had over each other. raised for comment. owner. While most commenters Such questions might necessitate just The Agency is now calling the initial recommended that the Agency make no the sort of analysis of corporate history phase of this project an Interim distinctions between asset, stock, or and the terms of the transaction the Approach rather than a pilot program. merger transactions, most did not Agency seeks to avoid because of As EPA reviewed public comments, it believe that either new entities created efficiency and ambiguity concerns, and appeared that certain in corporate ‘‘spin-offs’’ or owners who would raise transaction costs for all misunderstandings arose from the had prior control over the facility parties involved. This criterion excludes concept of a ‘‘program.’’ Many should qualify as new owners. corporate spin-offs, because it excludes commenters incorrectly perceived that The Agency intends that this Interim situations where a seller had the largest the Agency was considering some sort Approach apply only to new owners pre-transaction ownership share of the of award or special status program that did not control operations at the new owner entity, or was the new which would bestow benefits on facility before the transaction, and only owner’s corporate parent. The third accepted members once they had to violations that the new owner did not criterion would allow participation by a

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new owner which, prior to the existing methods for defining ‘‘new benefits, for nine months after the date transaction, was a silent or inactive owner,’’ which included: (1) Using the of the transaction closing. For nine partner in a joint venture, and then ‘‘no affiliation’’ or ‘‘bona fide months after the date of the transaction purchased the rest of the business and prospective purchaser’’ definitions closing, the new owner can choose to became the active owner, so long as its found in the Comprehensive make disclosures in two different prior share was less than the largest, and Environmental Response, contexts, which are described in detail the new owner can certify to the first Compensation, and Liability Act in sections a. and b. below. The new criterion. It would also allow (CERCLA), as amended by the Small owner can choose to enter into an audit participation by a new owner which is Business Liability Relief and agreement which will specify the the product of a merger, so long as Brownfields Revitalization Act (Pub. L. facility or facilities to be audited, the neither party had previously held the 107–118, 115 Stat. 2356, ‘‘the scope of regulatory programs covered, greatest ownership share of the entity Brownfields Amendments’’); (2) dates for completion of audits and with which it merged. In the case of requiring that the transaction occurred disclosure of violations. Alternatively, stock transactions, EPA intends that at ‘‘at arms’’ length;’’ (3) adopting the the new owner can choose to make ‘‘largest ownership share’’ be change of ownership standards used for disclosures individually, as violations interpreted to mean ownership of the various federal environmental statutes; are discovered, but each disclosure largest number either of shares of stock (4) relying on verification of ownership would have to be made promptly, or of voting rights. The third criterion change by other regulatory agencies within 21 days of discovery, or within also bars situations where the buyer and such as the Internal Revenue Service or 45 days of the closing, whichever is the seller had a common corporate Securities and Exchange Commission; longer. See section II.E.3., ‘‘Prompt parent. EPA assumes, for purposes of (5) seeking assurance from the new Disclosure Condition,’’ below. A new interpreting this criterion, that the owner that the transaction was not owner could also elect to make separate corporate parent was in control of the conducted to avoid penalties; (6) individual disclosures as described prior owner, the ‘‘new’’ owner, and applying a ‘‘management test;’’ and (7) below in section II.B.1.b., and then facility operations. Accordingly, where using the definitions with which the decide to enter into an audit agreement two companies have a common State of New Jersey implements its and make further disclosures under that corporate parent and one subsidiary Industrial Site Recovery Act (N.J.S.A. agreement. Of course, such an audit buys another, the acquiring entity is not 13:1K–6 and N.J.A.C. 7:26B). agreement would need to be entered sufficiently ‘‘new’’ to warrant this Consideration of all of these into within nine months of the closing tailored application of the Audit Policy. approaches was instructive and useful date for the transaction. The Agency’s intent is to minimize in developing the criteria. However, for a. New Owner Enters into an Audit the resources necessary to apply the a variety of reasons, EPA found that Agreement with EPA, within Nine Audit Policy to new owners, and sought none of them seemed appropriate to Months of the Closing, and Receives a simple and direct way to identify adopt wholesale in the new owners ‘‘New Owner’’ Audit Policy owners who want to make a clean start context. Given the different scenarios to Consideration, for Violations Disclosed for their newly acquired operations. which the suggested definitions were Pursuant to that Agreement. EPA considered and preliminarily meant to apply, and EPA’s desire to An audit agreement provides the concluded that the expenditure of provide clarity and certainty to the opportunity to tailor timeframes and expectations to the new owner’s unique resources necessary to research and public, the Agency decided to adopt a situation. While the audit agreement analyze corporate transactions would be bright-line approach that is easily approach is optional, it is highly so great as to be unworkable, and would understood and applied by regulator recommended if the circumstances or detract from efficient and effective and regulated alike. resolution of violations. Thus, the The Agency hopes to be inclusive complexity of facilities would likely Agency decided, as a policy matter, to enough to maximize the number of require more time to audit or if a new rely generally on a self-certification facilities brought into compliance under owner expects to be making more than one disclosure to EPA. An audit from the new owner that it meets the the Audit Policy, and to ensure agreement also reduces uncertainty, for criteria in section II.A.1. New owners sufficient opportunities to fully test the both the new owner and EPA, as it should be aware that this certification Interim Approach. This definition of specifies the timeframes for completing will be required as a condition to new owner is solely intended to apply the audit, the facilities covered, the resolving disclosed violations. to the application of the Audit Policy in Most public comments about the environmental requirements to be the context of the Interim Approach. certification issue advised that any evaluated, and when the discovered However, since the Agency is concerned required certifications not be so violations will be disclosed. that only appropriate new owners be burdensome or complex as to chill new Most importantly, and consistent with eligible for the benefits of this approach, owners’ interest in coming forward to EPA practice, an audit agreement ‘‘stops EPA specifically invites comment on the the government. The eligibility criteria the clock’’ with regard to the Prompt above are clear and straightforward, and criteria for defining ‘‘new ownership’’ Disclosure condition, for violations the certification will simply be included and whether the standard above is discovered and disclosed pursuant to along with the certifications made by appropriate. the agreement. An audit agreement also the self-disclosing entity that all Audit B. Timing for Availability of New Owner ‘‘stops the clock’’ with regard to the Policy conditions, as applied to new Incentives: For How Long Is an Owner disclosure of violations that involve owners, have been met. This approach ‘‘New?’’ required monitoring, sampling or is designed to be sufficiently auditing, if the new owner enters into uncomplicated and manageable, while 1. Two Scenarios: Audit Agreement or an audit agreement prior to the first seeking to ensure that only appropriate Prompt Disclosure Within Nine Months instance when such action is required. new owners benefit from the Agency’s of Closing See section II.E.2., ‘‘Voluntary Discovery Interim Approach. Under this Interim Approach, EPA Condition,’’ below. Commenters did suggest that the will consider an owner ‘‘new,’’ and ‘‘Entering into an audit agreement’’ Agency might adopt a range of pre- eligible for ‘‘new owner’’ treatment and means that (1) the new owner has

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committed in writing to audit a specific 2. Discussion of Timing auditing was due, could no longer be newly acquired facility or facilities, (2) In the First Notice, EPA asked for given Audit Policy consideration. See the new owner has specified the scope comment on the issue of how long after Section II.E.2. ‘‘Voluntary Discovery of regulatory programs to be covered, acquisition an owner should be Condition.’’ In addition, as discussed dates for completion of the audits and considered ‘‘new’’ for purposes of being below in Section II.D., the Agency dates for the disclosure of violations eligible for new owner Audit Policy would assess penalties for the economic found, and (3) EPA has accepted those benefits. While some commenters benefit of costs saved from not having terms. EPA reserves its right to negotiate suggested six months, the majority to operate or maintain controls and with the new owner about the scope, recommended one year or more, up to equipment, from the date of acquisition timing and sequence of the audits and three years. Commenters described the until the corrections are complete. Thus, disclosures. An audit agreement may be challenges of making decisions about the longer new owners take to undertake entered via a formal bilateral agreement auditing and disclosing when, after an and complete an audit, and to disclose or through an exchange of letters, acquisition, there are many immediate and correct violations found, the higher provided the letters reflect a meeting of and competing priorities. the penalty associated with avoided the minds and contain the appropriate The Agency recognizes that post- operation and maintenance costs would information and commitments. transaction demands may make it be. difficult to focus corporate attention on EPA does not intend that entering into Because of the above considerations, an immediate evaluation of an audit agreement be a lengthy or although the majority of commenters resource-intensive process for either environmental compliance issues, especially when the company would asked that new owners be considered new owners or the Agency. While the ‘‘new’’ for at least a year after the Agency will not disqualify a new owner have to make a potentially expensive commitment to conduct audits and transaction, EPA decided to give ‘‘new whose audit agreement was not address noncompliance. The Agency owners’’ a nine-month window of time finalized before the end of the nine- believes that requiring such potentially to come forward to the Agency, and month period because of delay on the high-stakes decision-making too quickly benefit from the new owner approach to part of EPA, new owners seeking an after the transaction, before the new penalty mitigation and application of agreement should approach the Agency owner has had the chance to operate its the Audit Policy conditions. If a new as early as possible, sufficient to allow facility, would mean that fewer new owner makes disclosures after the nine- a reasonable time to finalize an audit owners would come forward, month window has passed, and has not agreement with EPA. notwithstanding that, given more time entered into an audit agreement which b. New Owner Audit Policy for consideration and analysis of the extends the disclosure schedule, the Treatment Will Be Available for situation, some would have indeed used disclosure may still be eligible for Violations Disclosed Within Nine the Audit Policy. Since EPA’s intent is regular Audit Policy treatment, although Months After the Transaction Closing, to encourage new owners to audit and the ‘‘new owner’’ benefits will not be as Long as the New Owner Discloses disclose, and work with the Agency to available. EPA requests comment on and Corrects Each Violation Promptly, correct problems, it seems advisable to whether more or less time would be and Meets All Other Conditions of the provide sufficient time for decision- advisable. Audit Policy. making. 3. Flexibility Regarding Approach and If a new owner prefers not to commit However, the Agency is concerned that compliance may be unduly delayed Commitment to Auditing and to performing audits and making if new owner benefits are offered for a Disclosures disclosures within particular year or more. The longer the Agency timeframes, it need not choose the audit On a related issue, commenters also allows for the new owner to decide to agreement option, and can make asked for flexibility in the level of make disclosures, or to enter into an individual disclosures as they are commitment to auditing and disclosure audit agreement, the longer it may be found, during the nine months before violations are identified, that a new owner need make when it following acquisition. This option may disclosed, and corrected. The potential comes forward to EPA, including when give a new owner more control over, for an audit agreement schedule to and how that commitment would be and privacy concerning, its auditing, but allow time frames for auditing and required. Some commenters suggested a to be eligible for new owner Audit disclosures well beyond nine months, tiering approach based on the level and Policy incentives, each violation found depending on the scope and nature of complexity of the expected disclosures. must be disclosed and corrected the overall auditing plan, could only Other commenters reflected the promptly, as described below in exacerbate this potential issue. misapprehension that the Agency was sections II.E.3. ‘‘Prompt Disclosure Notwithstanding that such extended envisioning a ‘‘program’’ to which a Condition,’’ and II.E.5. ‘‘Correction and timeframes may be approved only if the new owner would first need to apply, Remediation Condition.’’ This option new owner is making a significant and be credentialed as a new owner, also requires that the new owner commitment to audit and fix many and/ separate from any firm intention or disclose any violations that involve or complex facilities, there is potential commitment to actually audit or make required monitoring, sampling or for a significant passage of time before disclosures. Since the Agency’s focus is auditing prior to the first instance when the disclosed violations are fully on the actual disclosure of violations such action is required, in order to meet corrected. On the other hand, the longer and commitment to audit and correct the Voluntary Discovery condition, and a new owner delays coming forward, the violations, EPA believes that designing be eligible for Audit Policy more likely it is that certain violations any precursory or ‘‘place-holding’’ consideration, as described in section which would have been eligible if steps, such as self-identifying as a new II.E.2. ‘‘Voluntary Discovery Condition.’’ disclosed earlier, because the new owner or merely indicating potential Of course, each disclosure would also owner was coming forward before the interest in auditing, would be have to meet the other six Audit Policy first instance when ‘‘otherwise unnecessary and a waste of effort for conditions, as applied to new owners. required’’ monitoring, sampling or both EPA and the new owner.

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C. Interim Approach to the Calculation which may have been realized as a 3. Discussion of Calculation and and Assessment of Penalties result of noncompliance, even where Assessment of Penalties EPA’s Interim Approach to the entity meets all Audit Policy In the First Notice, the Agency asked implementation of the Audit Policy is conditions. The Audit Policy further for comment on the issue of how designed to address the fact that new provides that the Agency may waive the economic benefit should be calculated owners may still have to pay substantial economic benefit component of the for disclosures by new owners. Many civil penalties under the Audit Policy. penalty where the Agency determines commenters addressed the issue of Although 100 percent of the gravity that the economic benefit is penalties to recapture economic benefit, portion of the penalty may be mitigated insignificant. and the issue of whether they should be under the Audit Policy, the economic Violators obtain an economic benefit eliminated or reduced in the new owner benefit portion may still be significant. from violating the law by delaying situation. Some commenters posited The Agency recognizes that there are compliance, avoiding compliance, or that the new owner does not actually equitable and policy arguments that a obtaining an unfair competitive receive any economic benefit from the new owner should not be penalized for advantage. When violators delay previous owner’s delayed or avoided the full economic benefit relating to compliance, they have the use of the compliance. On the other hand, it is violations that arose before a facility money that should have been spent on possible that benefit does accrue; for was under its control, if that new owner compliance to put into profit-making example, it may be reflected in the purchase price. Notwithstanding is willing to promptly address such investments. Simply put, violators arguments over whether economic violations and make changes to ensure ‘‘gain’’ the returns on the amount of that the facility stays in compliance in benefit could inure to a new owner, it money that should have been invested the future. is difficult to accurately determine the in pollution control equipment. A The uncertainties associated with the amount of any such benefit. There are typical example is where a factory calculation and assessment of economic also equitable and policy arguments that delays installation of a required benefit may be factors that new owners a new owner should not be penalized otherwise interested in using the Audit wastewater treatment facility. If the for economic benefits relating to Policy perceive as disincentives. In this wastewater treatment facility costs violations that originated when a facility section, EPA discusses an approach to $1,000,000 to install, and the violator was not in its control, and the new calculating and assessing economic waits three years past the required date owner is willing to self-disclose and benefit in the new owner context. to comply, the violator has saved over expeditiously correct the violations, and $200,000 by delaying compliance.3 make changes to ensure future 1. Interim Approach to the Calculation compliance. The Agency has speculated and Assessment of Penalties A second type of economic benefit is derived when a violator avoids the that one of the reasons that there have a. No penalties for economic benefit annual costs it would have incurred had been relatively few Audit Policy or gravity will be assessed against the it complied in a timely manner. A disclosures of violations requiring the new owner for the period before the typical example would be where a installation of significant environmental date of acquisition. factory avoids the operation and controls may relate to the potential size b. Penalties for economic benefit maintenance costs for the above- of penalties to recapture economic associated with avoided operation and mentioned wastewater treatment plant benefit. There may be significant maintenance costs will be assessed for the three years the polluter was out economic benefit associated with against the new owner from the date of of compliance. corrections requiring expensive acquisition. environmental controls, and companies c. Penalties for economic benefit The third type of economic benefit is may well consider it prudent to quietly associated with delayed capital derived from the violator obtaining an fix their problems, without advising expenditures or with unfair competitive unfair competitive advantage. Economic EPA (or the state) or seeking input from advantage will not be assessed against benefit associated with unfair regulators. However, new owners the new owner if violations are competitive advantage might arise in a investing tens of millions of dollars to corrected in accordance with the Audit number of new owner scenarios. An correct violations that began prior to Policy (i.e., within 60 days of the date example could involve a newly acquired their ownership may want to involve of discovery or another reasonable facility with permit limits on its hours EPA and receive a covenant not to sue 4 timeframe to which EPA has agreed). of operation and/or throughput. The for those violations as part of a new owner may discover that its facility settlement. As a matter of course, EPA 2. Background of Economic Benefit is operating two hours beyond its permit settlements typically release and Recapture limit each day in order to achieve more covenant not to sue for the alleged The imposition of civil penalties that output. The funds made from that extra violations resolved under the settlement recapture the economic benefit of output would also constitute unfair agreement. noncompliance is a cornerstone of the competitive advantage economic By providing certainty to the EPA’s civil penalty program. Benefit benefit. economic benefit assessment, EPA’s recapture has been a part of the Audit intent is to increase the number of Policy since it was first issued on the 3 The specific amount is $209,530 and was disclosures of significant violations, premise that, even in self-audit and generated by the current version of the Agency’s which will allow the Agency to disclosure situations, penalties should BEN computer model using the following participate in developing the approach assumptions: (1) The violator was in the average not be reduced below the level maximum tax bracket of 40%; (2) the violator’s cost to correcting such violations and necessary to recapture economic benefit of money (i.e., the discount/compound rate) was the when a violator has achieved an unfair current BEN default value of 9.4%; and (3) inflation 4 A release and covenant not to sue is a legal economic advantage over its complying was based on the Plant Cost Index published in mechanism under which EPA agrees to relinquish Chemical Engineering magazine. The BEN any potential claims to initiate a lawsuit against a competitors. Accordingly, the Audit computer model can be found at http:// party for any of the violations settled under the Policy provides that EPA reserves the www.epa.gov/compliance/civil/econmodels/ agreement, where that party complies with all of the right to assess any economic benefit index.html. terms of the settlement agreement.

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securing appropriate environmental focuses on two elements. First, for the Remediation; Condition D.6. Prevent benefit. To further this goal, and reasons stated above, EPA will not seek Recurrence; and Condition D.7. No because of the equities of the new owner penalties for economic benefit Repeat Violations), as described in the situation, the Agency believes it is associated with capital expenditures, 2000 Audit Policy, the 2007 Frequently appropriate to modify its approach to assuming the violations are promptly Asked Questions document and/or the calculating and assessing economic corrected. Second, because the new Audit Policy Interpretive Guidance benefit with respect to disclosures from owner does clearly benefit from not (‘‘1997 Interpretive Guidance’’),5 new owners. having to operate and maintain controls although the Agency does not intend to One issue raised in the First Notice and equipment before they are installed alter the approach it has taken to their was whether EPA should take into and functioning, the Agency will assess application or interpretation in the new account possible purchase price penalties for economic benefit owners context. adjustments attributable to associated with those savings, starting In order for the Agency to offer the environmental compliance liabilities in from the date the facility was acquired incentives of this Interim Approach to designing the Agency’s approach to new until the corrections are complete. EPA applying the Audit Policy, the new owners. Such consideration of considers this a fair approach, and, owner would have to meet all nine of adjustments to purchase price could because such penalties for avoided costs the following conditions, as tailored for potentially factor into the Agency’s will rise the longer it takes to complete new owners, as well as certify to the approach to calculating and assessing auditing, disclosures, and correction, criteria of the new owner definition. penalties in the new owner context. one that may help motivate new owners 1. Systematic Discovery Condition However, no commenters recommended to avoid delays. EPA does not intend to (Condition D.1.) that EPA try to incorporate a offset the cost of performing audits from consideration of possible purchase price any penalties for economic benefit The Systematic Discovery condition adjustments into the approach to new since, especially for newly acquired of the Audit Policy provides that owners. Some commenters asserted that facilities, auditing is generally a means violations be discovered through either purchase price is often set at the outset by which to assess and assure an environmental audit or a compliance of negotiations and that, especially in compliance, and a cost of doing management system (CMS), if disclosing larger transactions, environmental business in a responsible manner. In entities are to receive 100 percent compliance costs or savings are addition, there are situations where mitigation of gravity-based penalties (if immaterial to the pricing of the auditing may be required as a matter of a violation is discovered outside such a transaction. Commenters pointed out compliance (e.g., Risk Management review, and meets all the other Audit that, even in the event that there were Plans under Clean Air Act 112(r)(7)), Policy conditions, 75 percent mitigation negotiations to adjust pricing, and where EPA considers it is available). The Audit Policy confidentiality issues may preclude its inappropriate to credit the cost of the definition of ‘‘Environmental Audit’’ is consideration by the Agency, and audit against assessed penalties. a systematic, documented, periodic and inquiries into if and how price may As is the case in the settlement of any objective review by regulated entities of have been adjusted may chill violation, EPA may provide additional facility operations and practices related participation in this Interim Approach. flexibility in assessing economic benefit to meeting environmental requirements. The Agency is also concerned that it on a case-by-case basis, if the Agency A ‘‘Compliance Management System’’ would be prohibitively costly and believes it is warranted and appropriate encompasses the regulated entity’s difficult, if not impossible, for EPA to given the facts in a particular situation. documented systematic efforts, accurately and effectively analyze As EPA has already stated in its Answer appropriate to the size and nature of its whether a price adjustment attributable to Question 9 of the 2007 Frequently business to prevent, detect, and correct to environmental issues occurred, or to Asked Questions document, the Agency violations. For the full definitions of conclusively determine how large it intends to consider all factors of ‘‘Environmental Audit’’ and ‘‘CMS,’’ see was. Incurring such time-intensive settlement in assessing economic benefit section II.B. of the Audit Policy at 65 FR transaction costs, which would likely in Audit Policy cases, and fairness is the 19625. still yield inconclusive results, would central guiding principle underlying detract from EPA’s goals of leveraging Agency decisions regarding the a. Interim Approach to Systematic its resources to secure higher quality assessment of economic benefit. Discovery Condition in the New Owner environmental improvements more Context D. Interim Approach to Application of quickly and effectively than might In the new owner context, EPA Certain Audit Policy Conditions to New otherwise occur. Accordingly, under recognizes that pre-closing due Owners this Interim Approach, EPA does not diligence may meet all the elements of intend to consider adjustments to This section describes EPA’s Interim the Audit Policy definition of purchase price. Approach to applying the nine ‘‘Environmental Audit,’’ with the Commenters offered various conditions of the Audit Policy to new exception of the periodic review suggestions for ways to approach the owners. The Agency is proposing to element. EPA recognizes that a new issue of penalties for economic benefit apply five conditions differently in the owner’s pre-closing due diligence including: Waiving any pre-closing new owner context (Condition D.1. penalties; calculating penalties from the Systematic Discovery; Condition D.2. 5 The ‘‘Audit Policy Interpretive Guidance,’’ date the audit is complete; beginning Voluntary Discovery; Condition D.3. issued on January 15, 1997, can be found at http:// the calculation of penalties only after a Prompt Disclosure; Condition D.8. Other www.epa.gov/compliance/resources/ policies/civil/rcra/audpolintepgui-mem.pdf. The reasonable period for achieving Violations Excluded; and Condition D.9. 1997 Interpretive Guidance was developed to compliance; calculating penalties Cooperation). For the sake of clarity and answer frequently asked questions regarding the starting a year after the end of the audit; completeness, this section discusses the implementation of the original Audit Policy issued and offsetting penalties by the cost of Agency’s usual approach to applying in 1995 (60 FR 66,706 (December 22, 1995)). The 2007 Frequently Asked Questions document the audit, or by the cost of corrective the remaining Audit Policy conditions describes the differences between the original Audit measures. EPA has considered a variety (Condition D.4. Independent Discovery; Policy and the 2000 Policy and is intended to of options and the Interim Approach Condition D.5. Correction and supplement the 1997 Interpretive Guidance.

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review is by its nature a one-time event, be considered for full penalty owners to broadly examine facility and will waive the element of the mitigation. compliance and facility operations, Systematic Discovery condition that correct violations found, and upgrade 2. Voluntary Discovery Condition calls for that review to be ‘‘periodic.’’ In deficient equipment and practices, as (Condition D.2.) all other aspects, for new owner soon as possible. Thus, for new owners disclosures, EPA will apply the The Voluntary Discovery condition of that undertake such efforts and either Systematic Discovery condition and the Audit Policy provides that the disclose violations or enter into an audit standards in the usual manner. disclosed violation must have been agreement with an auditing and identified voluntarily, and not through disclosure schedule, before the first b. Discussion of Systematic Discovery a legally mandated monitoring, instance when the monitoring, sampling In the First Notice, EPA asked for sampling, or auditing procedure that is or auditing is required, the disclosures comment on whether the Agency should required by statute, regulation, permit, would not be disqualified from Audit require that new owners have performed judicial or administrative order, or Policy consideration because of the a certain level of pre-transaction due consent agreement. The Audit Policy Voluntary Discovery condition. diligence to qualify for new owner provides three examples of discovery Providing this limited window for benefits. Public comments on this issue which would not be ‘‘voluntary’’ such disclosure, prior to the first required reflected the fact that mergers and that they would be ineligible for penalty instance of monitoring, sampling, or acquisitions vary widely in size, type mitigation: emissions violations auditing, would provide a one-time and circumstance. Many commenters detected through a required emissions ‘‘catch-up’’ period for new owners to asserted that the level of environmental monitor; violations of a National use the Audit Policy for violations due diligence review a prospective Pollutant Discharge Elimination System found through activities that are already buyer can perform is largely determined (NPDES) discharge limit found through required. For example, an entity could by the size, scope, speed and prescribed monitoring; and violations perform its Annual Comprehensive Site circumstances of negotiations, and can found through a compliance audit Compliance Evaluation required by the range from in-depth inquiries to required to be performed by the terms NPDES General Industrial Stormwater scenarios where very little information of a consent order or settlement Permits and Stormwater Pollution can be gathered. Commenters indicated agreement.6 Prevention Plans (SWPPP) prior to its that a buyer’s pre-purchase information Generally, Clean Air Act violations due date, and discover and disclose on regulatory compliance is often discovered during activities supporting violations for Audit Policy imperfect and incomplete. Commenters Title V certification requirements are consideration. Of course, this eligibility asserted that any pre-condition from not eligible for penalty mitigation under for Audit Policy consideration would EPA that a certain level of due diligence the Policy based on the Voluntary not affect the new owner’s independent must have been performed to make Discovery condition.7 The Answer to obligation to make appropriate and disclosures as a new owner would Question 2 of EPA’s 2007 Frequently timely notifications and reports to simply inhibit such disclosures from Asked Questions document described a regulatory authorities. buyers, rather than encourage more due limited exception to this condition for b. Discussion of Voluntary Discovery diligence. In addition, commenters new owners. Clean Air Act violations posited that, aside from the fact that discovered at newly acquired facilities In the First Notice, EPA asked for some buyers may simply be unable to as part of the new owner’s comment on whether the Agency should perform the requisite due diligence, reexamination of facility compliance allow Audit Policy consideration of many would be concerned about how under Title V are considered voluntarily violations that might otherwise be EPA might interpret the sufficiency of discovered for purposes of the Audit excluded when the disclosures come their efforts, and thus dissuaded from Policy, provided that the new owner from new owners. Most commenters making disclosures. Some commenters either discloses the violation in writing supported the idea of allowing new recommended requiring the CERCLA or enters into an audit agreement with owners to be eligible for penalty ‘‘all appropriate inquiry’’ standard for EPA before the new owner’s first annual mitigation consideration for ‘‘non- prospective purchasers. However, that compliance certification under new voluntarily’’ discovered violations by standard, with its emphasis on ownership. expanding the Agency’s interpretation identifying contamination, was of the Voluntary Discovery condition to developed for a different situation. a. Interim Approach to Voluntary other statutes and regulations, beyond EPA does not see a compelling reason Discovery Condition the Clean Air Act Title V scenario to layer more or different review Under the Interim Approach, EPA is described in EPA’s 2007 Frequently conditions onto the Audit Policy expanding its interpretation of the Asked Questions document. While standards that currently exist. The Voluntary Discovery condition of the voluntary discovery is fundamental to Agency has concerns about the Audit Policy in the new owner context, EPA’s Audit Policy, the approach to resources that would be needed to previously limited to compliance with new owners is aimed at encouraging analyze and verify whether any new Title V of the Clean Air Act, to allow new owners’ quick and thorough standard of review had been met. consideration of all violations which scrutiny of all operations and required Moreover, EPA does not wish to deviate would otherwise be ineligible for Audit practices, and providing this from the original intent of the Audit Policy consideration under this opportunity may make new owners Policy and this condition. The only condition. EPA wants to encourage new proactive in checking for compliance circumstance that warrants a different issues as soon as possible. Thus, the approach in the new owner context is 6 The Audit Policy’s Voluntary Discovery Agency is willing to give new owners that a prospective buyer would not have exclusion does not apply to violations that are this limited ‘‘catch-up’’ period to had an opportunity to perform periodic discovered pursuant to audits that are conducted as monitor, sample and audit, and will reviews of a facility it does not yet own. part of a comprehensive environmental allow otherwise ineligible violations to management system (EMS) required under a For that reason, EPA will not require settlement agreement. See 65 FR at 19621 (April 11, receive Audit Policy consideration, if that a new owner’s pre-closing review 2000). the new owner (a) promptly discloses meet the ‘‘periodic’’ element in order to 7 See supra note 2. the violations or (b) enters into an audit

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agreement with an auditing and violations discovered in pre-acquisition make disclosures by whichever date is disclosure schedule before the date the due diligence be considered promptly later. For example, if a new owner monitoring, sampling, or auditing disclosed if disclosures were made discovered a violation a week after would be required. between 30 and 60 days after closing. acquisition, prompt disclosure can be Commenters described the many made within 45 days of the closing. 3. Prompt Disclosure Condition immediate and competing priorities that (Condition D.3.) 4. Discovery and Disclosure may distract from focusing corporate Independent of Government or Third The Audit Policy provides that the attention on a decision to make Party Plaintiff Condition (Condition regulated entity fully must disclose the voluntary disclosures to a regulatory D.4.) specific violation in writing to EPA agency. Commenters noted that without within 21 days (or within such shorter adequate time for the new management The Audit Policy states that violations time as may be required by law) after to consider whether to self-disclose the must be discovered and identified the entity discovered that the violation issues found in pre-transaction due before EPA or another government has, or may have, occurred. The Audit diligence reviews, the default decision agency likely would have identified the Policy defines discovery as the time at may be to not engage with EPA, but problem. This condition provides that which there is an objectively reasonable rather to quietly fix problems found. regulated entities must take the basis for believing that a violation has, EPA recognizes that the time period initiative to find violations on their own or may have, occurred. immediately following a transaction and disclose them promptly instead of The preamble of the Audit Policy closing may be quite turbulent and that, waiting for an indication of pending states that, in the acquisitions context, notwithstanding the fact that the new enforcement action or third-party EPA will consider extending the prompt owner had information about violations complaint. The Audit Policy lists the disclosure period on a case-by-case before acquisition, it may be a circumstances under which discovery basis. It also states that the 21-day particularly difficult time to make and disclosure will not be considered disclosure period will begin on the date speedy decisions about coming forward independent. Discovery and disclosure of discovery by the acquiring entity, but to EPA. To encourage new owners to must be made before the beginning of a in no case will the period begin earlier decide to disclose due diligence federal, state or local agency inspection, than the date of acquisition. See 65 FR findings, and in the spirit of the 2000 investigation or information request; at 19622. Audit Policy preamble language notice of a citizen suit; the filing of a As EPA currently implements the discussed above, the Agency will now complaint by a third party; the reporting Audit Policy, if an entity enters into an allow new owners up to 45 days after of the violation to EPA (or other audit agreement with the Agency, ‘‘the acquisition to disclose and meet the government agency) by a clock stops’’ with regard to the Prompt Prompt Disclosure condition. ’’whistleblower’’ employee; or imminent Disclosure condition for any violations A few commenters requested that the discovery of the violation by a discovered thereafter and disclosed in post-closing timeframes for disclosure regulatory agency. However, where EPA accordance with the agreement. be extended from 21 days. With one determines that a facility did not know exception, EPA does not see a a. Interim Approach to Prompt it was under civil investigation, and compelling reason to change current Disclosure Condition EPA determines that the entity is implementation of the Audit Policy, otherwise acting in good faith, the Under the Interim Approach, EPA since it provides adequate timeframes Agency may exercise its discretion to will allow limited flexibility in applying for regulated entities to meet the prompt reduce or waive civil penalties under the Prompt Disclosure condition in the disclosure condition. Any new owner the Audit Policy. new owner context. For violations concerned about its ability to meet the EPA encourages multi-facility discovered pre-closing, prompt Prompt Disclosure condition can enter auditing and does not intend that the disclosure to EPA would have to be into an audit agreement during the first ‘‘independent discovery’’ condition made within 45 days after the nine months after acquisition and ‘‘the preclude the availability of the Audit transaction closing to be considered for clock will stop’’ with regard to prompt Policy when multiple facilities are new owner incentives. For violations disclosure for violations discovered involved. Thus, for entities that own or discovered post-closing, the new owner thereafter and disclosed in accordance operate multiple facilities, the fact that would have to disclose violations with the agreement. EPA is willing to one facility is already the subject of an within 21 days after discovery or within appropriately tailor timeframes and investigation, inspection, information 45 days after the transaction closing, expectations for auditing and reporting request or third-party complaint does whichever time period is longer. If a to the new owner’s particular situation not preclude the Agency from exercising new owner has entered into an audit (e.g., number and complexity of its discretion to make the Audit Policy agreement with EPA, violations facilities, scope of audit). available for violations self-discovered discovered and disclosed pursuant to However, if the new owner chooses at other facilities owned or operated by that agreement would be governed by not to enter into an audit agreement the same regulated entity. the disclosure schedule in the during the nine months after agreement. Of course, if a statute or acquisition, disclosures would have to a. Interim Approach to Independent regulation requires that a violation be be made promptly either within 21 days Discovery Condition reported or disclosed more quickly than of discovery or within 45 days of the EPA is not changing its current the time frames above, disclosures must closing, whichever is later. Otherwise, if interpretations of the Discovery and be made within the time limit EPA held that all violations found post- Disclosure Independent of Government established by law. transaction had to be disclosed within or Third Party Plaintiff condition as 21 days, any problems found soon after applied to new owner disclosures. b. Discussion of Prompt Disclosure closing would need to be disclosed Although EPA did not, in the First earlier than the violations already b. Discussion of Independent Discovery Notice, specifically ask for comment on discovered in pre-acquisition due Although EPA did not, in the First the Prompt Disclosure condition, diligence. To avoid this unintended Notice, specifically ask for comment on several commenters requested that result, EPA will allow the new owner to the Independent Discovery condition,

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one commenter suggested that environmental or human harm due to to consider tailoring a compliance disclosures of violations found during the violation. schedule appropriate for the situation due diligence that were raised by third In both the 2000 Audit Policy and the and circumstances. 2007 Frequently Asked Questions parties or governmental agencies should One commenter requested that EPA document, EPA recognizes that not all not be disqualified from Audit Policy issue enforcement discretion letters to violations can be corrected in the 60-day consideration under this condition. The allow the continued operation of Agency disagrees. For example, in a time frame. EPA may allow for an noncompliant facilities while they wait matter involving a new owner, it is extension of time for corrections that for ‘‘completion of required acts.’’ EPA’s possible that potential violations have require significant expenditures, involve standing policy on enforcement already been reported by the seller or technically complex issues, or involve included by the seller in a report to a decisions for which an entity seeks or is discretion only allows the Agency to regulatory agency, especially when the required to obtain EPA, state or local approve such a ‘‘no action assurance’’ in seller had been under an obligation to input or approval. If more than 60 days extremely unusual circumstances where perform monitoring, sampling, or will be needed to correct the violation, it is clearly necessary to serve the public auditing. Because the new owner’s the entity must notify EPA in writing interest and where no other mechanism disclosure of those violations would not before the end of the 60-day period. can adequately address the situation.8 In the scenario described, an appropriate have occurred prior to ‘‘imminent a. Interim Approach to Correction and approach already exists, since under discovery’’ by the government or the Remediation Condition commencement of a government EPA’s current application of the Audit investigation, EPA would be unable to EPA is not changing its current Policy the Agency recognizes that not apply Audit Policy penalty mitigation. interpretation of the Correction and all violations can be corrected within 60 Also, if a government agency has Remediation condition in the context of days of discovery. EPA may allow an initiated an investigation and the new owner disclosures. extension for corrections that require Where violations are discovered by facility’s prior owner were aware of this, significant expenditures, involve the new owner prior to acquisition, EPA such issues would be considered technically complex issues, or involve will consider the date of the transaction ‘‘known,’’ and the new owner would not decisions for which an entity seeks or is closing as the date of discovery, for receive Audit Policy consideration and required to obtain EPA or state input or purposes of interpreting the Correction new owner benefits. An underlying approval (e.g., permits). While the and Remediation condition. Thus, for objective of the Audit Policy is to Agency may consider a permit violations found before the new owner conserve government resources and application adequate to address timing owned the facility, correction would those of citizen plaintiffs by under the correction condition under need to be completed within 60 days encouraging the regulated community to from the date of the acquisition closing, the Audit Policy, ultimately any self-police. That objective would be although EPA may agree to a longer resolution of the underlying violation thwarted, in part, if the Agency period of time if appropriate and will be conditioned on the timely and conferred Audit Policy benefits on a warranted. full achievement of compliance, and new owner on notice that its facility is that caveat will be clearly stated in any already under investigation. While EPA b. Discussion of Correction and settlement or resolution documents. does not want to expend its limited Remediation Where a violation cannot be fully resources to conduct fact-finding on the Although EPA did not, in the First corrected until a permit is received by extent to which a new owner was aware Notice, specifically ask for comment on the new owner, EPA may require the of a pending civil investigation prior to the Correction and Remediation new owner to implement interim disclosure, the Agency may exercise its condition, many commenters discussed measures or controls as part of the discretion to waive or reduce penalties it. While some commenters sought settlement document. for new owners if EPA determines that extensions to 90 or 120 days from the (1) the new owner did not know that its 60-day prompt correction period, other 6. Prevent Recurrence (Condition D.6.) newly acquired facility was under commenters supported maintaining the Under the Prevent Recurrence investigation and (2) the new owner is Agency’s current interpretation, and otherwise acting in good faith. condition, the disclosing entity must some commenters from the regulated agree in writing to take steps to prevent The Agency, of course, encourages the community acknowledged that a recurrence of the violation after it has cooperative and speedy resolution of violations frequently can be handled been disclosed and corrected. known violations. Even if the violation case-by-case under today’s existing Preventative steps may include, but are was ineligible for the Audit Policy, the disclosure process (e.g., under the Audit not limited to, improvements to the Agency will generally consider the Policy). One commenter urged that, in entity’s environmental auditing efforts willingness of a new owner to address designing any tailored incentives for or compliance management system. and correct problems a positive factor in new owners, the Agency take care that determining the appropriateness of any any new owner approach not be used by a. Interim Approach to Prevent EPA enforcement response, penalty the disclosing entity as a means to delay Recurrence Condition assessment or resolution. compliance. One of EPA’s primary goals in EPA is not changing the Prevent 5. Correction and Remediation developing the approach to new owners Recurrence condition of the Audit Condition (Condition D.5.) is to secure pollutant reductions and Policy as applied to new owner Under the Audit Policy, the regulated environmental improvements as quickly disclosures. entity must correct the disclosed as possible, and a blanket extension of violation within 60 calendar days from the 60-day correction period would 8 See ‘‘Processing Requests for Use of the date of discovery, certify in writing undercut that aim. However, especially Enforcement Discretion,’’ Memorandum from Steven A. Herman (March 3, 1995), which can be that the violation has been corrected, in the context of an audit agreement found on the Internet at http://www.epa.gov/ and take appropriate measures as involving complex facilities and compliance/resources/policies/civil/io/proreq- required by law to remedy any technical issues, the Agency is willing hermn-mem.pdf.

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b. Discussion of Prevention of a. Interim Approach to No Repeat b. Discussion of Serious Actual Harm Recurrence Violations Condition and Imminent and Substantial Endangerment No comments were received on the EPA is not changing its current Prevent Recurrence condition. A interpretations of the No Repeat Although EPA did not, in the First Notice, specifically ask for comment on fundamental goal of the Audit Policy is Violations condition as applied to new the Other Violations Excluded to create incentives for regulated entities owner disclosures. to not only look for and correct condition, the Agency received several environmental violations, but to put b. Discussion of No Repeat Violations comments about allowing Audit Policy systems and practices in place to consideration for violations that may Several comments discussed the prevent the recurrence of the violation have caused ‘‘serious actual harm.’’ Repeat Violations condition, and all disclosed. EPA will continue to apply Commenters contended that unless EPA this condition to require new owners to support the Agency’s current were more flexible in implementing this agree take steps to prevent the interpretation. The Repeat Violations condition, the Agency would not recurrence of violations disclosed. An exclusion benefits both the public and receive disclosures of significant underpinning of the significant penalty law-abiding entities by ensuring that violations, since a new owner could not mitigation offered under the Audit penalties are not waived for those be confident of receiving any Audit Policy is the assurance from the entities that have previously been on Policy consideration. disclosing entity that the problem that notice of violations, and failed to The incentives for new owners are gave rise to the violation has in fact prevent repeat violations. specifically aimed at encouraging the disclosure and correction of these been fully addressed, and EPA sees no 8. Other Violations Excluded Condition reason to propose a different approach potentially more serious violations. (Condition D.8.) for new owners. EPA’s goal is to motivate new owners to find and disclose violations, which will, The Audit Policy provides that certain 7. No Repeat Violations Condition once corrected, result in significant (Condition D.7.) violations are not eligible for the environmental protection and benefit. incentives available under the Policy. In For example, EPA wants to encourage Condition 7 of the Audit Policy order to be eligible for Audit Policy new owners to identify and correct New provides that repeat violations are not consideration, the violation cannot be Source Review violations, and put in eligible for Audit Policy benefits. one which (a) resulted in serious actual place the required environmental Specifically, under the No Repeat harm, or may have presented an controls avoided by previous owners. Violations condition, the same or imminent and substantial EPA recognizes that such significant closely-related violation must have not endangerment, to human health or the violations may meet the threshold of occurred at the same facility within the environment, or (b) violates the specific what results in serious actual harm or past three years. For purposes of this terms of any judicial or administrative may have presented an imminent and condition, the term ‘‘violation’’ includes order, or consent agreement. substantial, and that the Audit Policy any violation subject to a federal, state specifically excludes such violations. or local civil judicial or administrative a. Interim Approach to Exclusion of EPA’s waiver, absent catastrophic order, consent agreement, conviction or Violations Condition for Violations events, of part (a) of Condition D.8. in plea agreement. Recognizing that minor Which Resulted in Serious Actual Harm the new owner context, is intended to violations are sometimes settled without or May Have Presented an Imminent allow and invite new owner disclosures a formal action in court or in an and Substantial Endangerment of significant violations which began administrative enforcement proceeding, Under EPA’s Interim Approach, before acquisition, without either the term also covers any act or omission undermining the Agency’s ability to absent a fatality, community evacuation, for which the regulated entity has invoke its imminent and substantial or other seriously injurious or received a penalty reduction. When the endangerment authorities to address facility is part of a multi-facility catastrophic event, where the violation similar violations, or compromising organization, the Audit Policy is not that gave rise to serious actual harm or EPA’s ability to allege that similar available if the same or closely-related imminent and substantial endangerment violations resulted in serious actual violation occurred as part of a pattern of began before the new owner acquired harm. violations at one or more of these the facility, EPA will not exclude new The Agency believes the specific goals facilities within the last five years. owners’ disclosures of such violations and equities of the new owner context As articulated in the preamble to the from Audit Policy consideration warrant the decision to create an Audit Policy, ‘‘[i]f a facility has been because of the Other Violations exception for the Interim Approach to newly acquired, the existence of a Excluded condition. allow the disclosure of serious violation prior to the acquisition does This eligibility for Audit Policy violations by new owners, with the not trigger the repeat violations consideration and penalty mitigation caveats described above in section exclusion’’ as to the new owner. See 65 would not affect either the new owner’s II.D.8.a. However, EPA seeks further FR at 19623 (April 11, 2000). Most independent obligation to notify comment on creating this exception. recently, in the Answer to Question 5 of appropriate regulatory authorities in the EPA’s 2007 Frequently Asked Questions 9. Cooperation (Condition D.9.) event of a release or the new owner’s document, the Agency stated that new Under the Audit Policy, the regulated owners that undertake examinations of liability for the violation and its entity must cooperate as required by newly acquired facilities generally will correction. In all circumstances, EPA EPA and provide the Agency with the be eligible under the No Repeat reserves its authority and ability to take information it needs to determine Policy Violations condition of the Audit Policy enforcement action to abate any applicability. With respect to this irrespective of the new owner’s history endangerment or address violations, condition, EPA looks only to whether an of violations at other facilities that were including the issuance of appropriate entity cooperated with the Agency in not recently acquired. orders. the consideration of the entity’s request

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for treatment under the Audit Policy, 2. Effect on Merger and Acquisition compliance at the facility. Nevertheless, not whether the entity has cooperated (M&A) Activity the Agency reserves its rights to pursue with the Agency in past matters or EPA does not believe there is a high sellers where the circumstances and whether the entity is in litigation with probability that implementing an equities warrant. the Agency on other matters. Interim Approach to resolving Audit 4. Recognition as an Incentive a. Interim Approach to Cooperation Policy disclosures from new owners Some commenters supported the idea Condition would have a noticeable effect on of recognition from EPA as an incentive merger and acquisition activity. The EPA is modifying the Cooperation to motivate disclosures from new Agency did receive comments condition of the Audit Policy only to owners, but others noted the potential suggesting that encouraging new owners make clear that the disclosing entity for publicity to be misunderstood or to disclose violations might lead sellers must cooperate with EPA and provide misinterpreted. Some types of to either avoid buyers likely to audit such information as is necessary and recognition suggested, such as logos and and disclose, or to include ‘‘no-tell’’ requested by EPA to determine the public promotions, seemed more clauses in their transaction or indemnity applicability of the Audit Policy, as appropriate for an Agency award agreements, making indemnification modified by this Interim Approach. In program. Other ideas, such as access to contingent on the new owner refraining particular, EPA may ask an entity an ombudsman who would keep from any disclosures of environmental seeking new owner benefits to provide internal lists of participants and seek to or other violations to the government. information to support its submission resolve company disputes with However, EPA also received regulators, seemed unsuitable as that it is a ‘‘new owner’’ as defined comments asserting that consideration under Section II.A. recognition for having used the Audit of environmental compliance liabilities, Policy to disclose and resolve b. Discussion of Cooperation as opposed to environmental violations, notwithstanding the contamination and clean-up liabilities, No comments were requested or Agency’s appreciation of a new owner’s is generally not a driving force in, or received concerning the Cooperation choice to come forward. Some important element of, M&A condition. However, because the Interim commenters suggested making transactions. In addition, the Agency Approach applies only to ‘‘new owners’’ recognition optional, or letting the new received comments suggesting that such and modifies certain conditions of the owners choose the sort of recognition to incentives for new owners might have a Audit Policy, the Agency wants to make receive, but these concepts pose beneficial effect on negotiations, clear that regulated entities seeking sufficient implementation difficulties to encouraging prospective sellers to treatment under the Interim Approach make them unattractive options for the address violations before closing, or will be expected to cooperate by Agency. EPA does recognize the giving prospective buyers leverage to providing information as necessary and voluntary nature of the new owner’s negotiate for the seller to correct requested by EPA to determine whether choice to come forward to the violations found during due diligence. If such entities are entitled to new owner government and will seek to sellers were to include ‘‘no tell’’ clauses benefits. In all other respects, EPA will appropriately reflect that in Agency in their transaction or indemnity continue to apply the Cooperation statements concerning the disclosure agreements, such clauses may well be condition, as articulated in the Audit and correction of violations by new voidable as contrary to the public Policy and EPA’s Answer to Question 7 owners. interest. of the 2007 Frequently Asked Questions 5. State and Local Coordination document, to violations disclosed 3. Approach to Sellers Commenters noted that lack of pursuant to the Interim Approach. See EPA received comments urging it to coordination or inconsistencies with 65 FR at 19623. provide enforcement protection to the state programs, and state audit policies E. Other Issues Related to the Interim prior owners of facilities whose new where they exist, may dissuade new Approach owners have disclosed noncompliance owners from coming forward to EPA, under the Audit Policy. However, EPA and that new owners might choose 1. Consideration of Indemnification does not believe that this would be instead to deal with states, especially Agreements appropriate. Moreover, the Agency does where states are authorized to Most commenters did not recommend not intend to allow sellers the same implement federal regulatory programs. that the Agency take indemnification penalty mitigation benefits as new EPA recognizes that state and local agreements into account in designing its owners, as requested by some regulatory agencies are partners in approach to new owners’ disclosures. commenters, or to require joint implementing the enforcement and They noted the confidential nature of disclosures from buyer and seller. A compliance assurance program, and has such agreements, and urged that EPA seller that did not discover, disclose and established ways of coordinating and not try to investigate arrangements for correct violations when it operated a working together with our state and risk allocation between a buyer and facility should not be a beneficiary of local partners. When consistent with seller that are properly determined by the Audit Policy, simply because the EPA’s policies on protecting the marketplace. Many commenters facility’s new owner decides to confidential and sensitive information, asserted that the analysis of such undertake such actions. The the Agency will share with state and indemnification agreements would be opportunity to properly operate the local agencies information relating to complex, costly and time-consuming. facility and to address noncompliance, the disclosure of violations of federally- As EPA’s focus is on the effective use of including through use of the Audit authorized, approved or delegated scarce government resources to achieve Policy, was available to the seller while programs. Whether a new owner should compliance and significant it operated the facility. Resolving the make a disclosure to EPA, the state, or environmental benefits, the Agency violations with the new owners should both, depends on the type of regulation does not intend to scrutinize or consider provide the appropriate environmental violated, availability of a state audit indemnification agreements a new controls and improvements necessary to program, whether multiple facilities owner may have arranged. reduce pollution and ensure ongoing located in different states are involved,

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and the scope of legal relief sought by as the 2000 Audit Policy to see whether enforcement data (e.g., history of the entity. Federal liability can only be they address any relevant questions. violations, unresolved violations, last resolved by EPA. The 2000 Audit Policy and related inspections, type of permitted activity, documents are available on the Internet priority area). 6. Confidentiality at http://www.epa.gov/compliance/ Various commenters expressed 2. Discussion of Measures and incentives/auditing/auditpolicy.html. Assessment concern about the confidentiality of Additional guidance for implementing both audit and transaction documents. the Policy in the context of criminal Commenters were supportive of The Agency does not believe these violations can be found at http:// testing and assessing the effectiveness of concerns are warranted. First, it is www.epa.gov/compliance/resources/ a tailored approach to new owners, but generally not EPA’s intention to request policies/incentives/auditing/ not of limiting the effort in scope or documents related to the transaction, auditcrimvio-mem.PDF. size, or to any particular industrial since the Agency has no plans to review To the extent that the Interim sector. Some commenters urged a focus or analyze them. Second, since 1986, Approach’s conditions or criteria differ on only compliance measures (e.g., the Agency has had a policy to refrain from the 2000 Audit Policy, the 2007 number of violations corrected, number from routine requests for audit reports Frequently Asked Questions, or the of violators in compliance, number and in the context of disclosures of civil 1997 Interpretive Guidance, the Interim type of disclosures), while other violations, except in the rare event that Approach will, in the new owner commenters discussed pollution the information is necessary to context, supersede any inconsistent reductions as the best measure of determine whether the conditions of the provisions. All other provisions of the success, albeit acknowledging that such Audit Policy have been met. This Policy 2000 Audit Policy and the two other reductions can be difficult to quantify. was re-affirmed in the 2000 Audit documents will continue to apply to Some commenters recommended that Policy, and EPA will not alter this self-disclosing new owners. the Agency define criteria for significant practice in the context of disclosures The Interim Approach is intended to environmental improvement. from new owners. Third, EPA has long- inform the public and regulated entities The measures described above focus standing policies of not publicly of the Agency’s current enforcement on both increases in compliance and disclosing any information that might approach to new owners disclosing benefits to the environment, tracking not only the number of new owner interfere with settlement negotiations 9 violations under the Audit Policy. As is disclosures resolved but also how much and of withholding Audit Policy self- the case with all Agency policies, was expended to correct them, and how disclosures from release prior to application of the Audit Policy and this much of an effect on pollution those resolution of the disclosures.10 Interim Approach is subject to EPA’s corrections had. In addition, since the enforcement discretion and is not F. How Should a New Owner Self- Agency is interested in an accurate binding on the public or EPA. See also Disclose or Request an Audit assessment of how much the Interim Section II.G. of the 2000 Audit Policy Agreement? Approach may motivate new owners to for discussion of the Audit Policy’s come forward to EPA, the Agency New Owners should contact either applicability (65 FR 19626). Philip Milton ((202) 564–5029, intends to track new owners that did not [email protected]) or Caroline H. Approach to Assessment of Interim take advantage of the Audit Policy. EPA Makepeace ((202) 564–6012 or Approach will look at a relevant sub-set of ongoing mergers and acquisitions activity (i.e., [email protected]) of EPA’s 1. Measures to Assess Interim Approach Office of Enforcement and Compliance facilities under new ownership which Assurance, Office of Civil Enforcement, The Agency intends to assess the are subject to environmental regulations Special Litigation and Projects Division effectiveness of the Interim Approach and requirements) and may narrow the regarding disclosures or audit on an ongoing basis and will measure scope of inquiry further, to focus on agreements. the following indicators: facilities that have significant a. Number of new owner disclosures environmental regulatory obligations, or G. Applicability resolved. on facilities in certain sectors. Such an This Interim Approach applies to b. Pounds of pollutants estimated to effort may help give EPA a sense of the settlement of claims for civil penalties be reduced, treated or eliminated. sorts of enforcement issues the Agency for any violations under all of the c. Dollars invested in improved may be ‘‘missing’’ in the effort to federal environmental statutes that EPA environmental performance or promote disclosures and compliance. administers. EPA has issued documents improved environmental management EPA may also identify some of the addressing several applicability issues practices. non-disclosing facilities which changed pertaining to the Audit Policy. New In addition, to help the Agency assess ownership nine months or more before owners considering whether to take the Interim Approach and identify as potential ‘‘facilities of interest,’’ advantage of the Interim Approach where opportunities may exist to where the analysis of available should review those documents as well improve it, EPA intends to observe the enforcement data indicates there may be number of recently acquired facilities compliance issues, or significant gaps in 9 See ‘‘Restrictions on Communicating with whose new owners chose not to make EPA’s understanding of a facility’s Outside Parties Regarding Enforcement Actions,’’ ‘‘new owner’’ disclosures under the compliance status. While such facilities Memorandum from Granta Y. Nakayama (March 8, Audit Policy. Within a relevant universe may potentially be ripe or appropriate 2006), which can be found on the Internet at of mergers and acquisitions transactions for an inspection or enforcement http://www.epa.gov/compliance/resources/policies/ civil/io/commrestrictions- (i.e., facilities under new ownership attention, EPA has not established any nakayamamemo030806.pdf. which are subject to environmental new enforcement priority focused on 10 See ‘‘Confidentiality of Information Received regulations and requirements), EPA will M&A transactions or recently acquired under the Agency’s Self-Disclosure Policy,’’ identify facilities whose new owners facilities. EPA does expect, however, Memorandum from Steven A. Herman (January 16, 1997), which can be found on the Internet at did not audit and disclose to EPA, and that awareness that the Agency will be http://www.epa.gov/compliance/resources/policies/ cross-reference these newly acquired tracking disclosures after relevant incentives/auditing/sahmemo.pdf. facilities with other already available transactions may favorably affect the

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tipping point of the new owner’s must be submitted for inclusion in the FOR FURTHER INFORMATION CONTACT: internal risk analysis in favor of public docket. Information so marked Diane Mason, (202) 418–7126 (voice), auditing and disclosing. EPA’s tracking will not be disclosed except in (202) 418–7828 (TTY), or e-mail: is intended to help inform the Agency’s accordance with procedures set forth in [email protected]. assessment of the effectiveness of the 40 CFR part 2. SUPPLEMENTARY INFORMATION: This is a Interim Approach and may at some 2. Tips for Preparing Your Comments. summary of the Bureau’s public notice point serve as a scoping element for When submitting comments, remember DA 08–1673, released July 16, 2008, in enforcement planning. to: CG Docket No. 03–123. The full text of • Identify the Notice and Request for III. Public Process document DA 08–1673 is available for Comments by docket number and other public inspection and copying during EPA seeks public comment on the identifying information (subject regular business hours at the FCC Interim Approach described in this heading, Federal Register date and page Reference Information Center, Portals II, Notice, and asks that comments be number). 445 12th Street, SW., Room CY–A257, specifically aimed at improving the • Follow directions—The Agency Washington, DC 20554. It also may be overall design and specific elements of may ask you to respond to specific purchased from the Commission’s the Interim Approach, as well as at questions. duplicating contractor at Portals II, 445 addressing any relevant issues or • Explain why you agree or disagree; 12th Street, SW., Room CY–B402, considerations which may not appear to suggest alternatives and language. Washington, DC 20554; the contractor’s be reflected. The public comment • Describe any assumptions and Web site, http://www.bcpiweb.com; or docket will be open for a period of 90 provide any technical information and/ by calling (800) 378–3160. days. The Agency will concurrently or data that you used. To request materials in accessible • begin applying the Interim Approach, as If possible, provide any pertinent formats for people with disabilities EPA believes the most efficient way to information about the context for your (Braille, large print, electronic files, effectively test this strategy, and learn comments (e.g., the size and type of audio format), send an e-mail to from practical experience, is to acquisition transaction you have in [email protected] or call the Consumer & implement it on an interim basis. mind). Governmental Affairs Bureau at (202) EPA will be reviewing public • If you estimate potential costs or 418–0530 (voice) or (202) 418–0432 comment as it is received and will burdens, explain how you arrived at (TTY). Document DA 08–1673 can also continue its dialogue with stakeholders your estimate in sufficient detail to be downloaded in Word or Portable on whether refinements to the Interim allow for it to be reproduced. Document Format (PDF) at: http:// Approach are needed. In addition, the • Provide specific examples to www.fcc.gov/cgb/dro/trs.html. In Agency will place into the public docket illustrate your concerns, and suggest addition, the applications for copies of agreements resolving alternatives. certification may be viewed on the violations disclosed by new owners • Explain your views as clearly as Bureau’s Disability Rights Office Web under the Interim Approach. EPA possible. site at http://www.fcc.gov/cgb/dro/ • intends to assess the effectiveness of the Submit your comments on time. trs_by_state.html . Interim Approach on a continual basis. Dated: July 25, 2008. Based on public comment and after the Synopsis Granta Y. Nakayama, Agency has gained sufficient experience The applications for certification of in implementing the Interim Approach, Assistant Administrator, Office of Enforcement and Compliance Assurance. TRS programs of the states, territories, EPA will decide to finalize, revise or and the District of Columbia listed [FR Doc. E8–17715 Filed 7–31–08; 8:45 am] discontinue these tailored incentives for below (hereinafter, ‘‘states’’) have been new owners. BILLING CODE 6560–50–P granted, pursuant to Title IV of the EPA encourages parties of all Americans with Disabilities Act (ADA), interests, including state, tribal and 47 U.S.C. 225(f)(2), and 47 CFR local government, industry, not-for- FEDERAL COMMUNICATIONS 64.606(b). On the basis of the state profit organizations, municipalities, COMMISSION applications, the Bureau has determined public interest groups and private [CG Docket No. 03–123; DA 08–1673] that: citizens to comment, so that the Agency (1) The TRS program of the states can hear from as broad a spectrum of Notice of Certification of State meet or exceed all operational, stakeholders as possible. Telecommunications Relay Service technical, and functional minimum IV. What Should I Consider as I (TRS) Programs standards contained in 47 CFR 64.604; Prepare My Comments for EPA? (2) The TRS programs of the listed AGENCY: Federal Communications states make available adequate 1. Submitting CBI. Do not submit CBI Commission. procedures and remedies for enforcing to EPA through http:// ACTION: Notice. the requirements of the state program; www.regulations.gov or e-mail. Clearly and mark the part or all of the information SUMMARY: In this document, the (3) The TRS programs of the listed that you claim to be CBI. For CBI Consumer & Governmental Affairs states in no way conflict with federal information in a disk or CD–ROM that Bureau (Bureau) grants certification of law. you mail to EPA, mark the outside of the fifty states’, two territories’, and the The Bureau also has determined that, disk or CD–ROM as CBI and then District of Columbia’s TRS programs. where applicable, the intrastate funding identify electronically within the disk or The current certification for state TRS mechanisms of the listed states are CD–ROM the specific information that programs expires this year. This action labeled in a manner that promotes is claimed as CBI. In addition to one certifies state TRS programs for the next national understanding of TRS and does complete version of the comment that five years, pursuant to the Commission’s not offend the public, consistent with 47 includes information claimed as CBI, a rules. CFR 64.606(d). copy of the comment that does not DATES: Certifications effective July 26, Because the Commission may adopt contain the information claimed as CBI 2008, through July 25, 2013. changes to the rules governing relay

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programs, including state relay DA 08–60, published at 73 FR 9118, outreach activities, or to ensure that programs, the certification is February 19, 2008, the Commission their contracted TRS providers conduct conditioned on a demonstration of received 84 comments, all of which outreach in accordance with 47 CFR compliance with any additional new address Speech-to-Speech (STS) 64.604(c)(3). outreach. As part of their applications rules that are adopted by the This certification, as conditioned, Commission. The Commission will for certification, states were required to shall remain in effect for a five year provide guidance to the states on submit specific examples of all outreach period, beginning July 26, 2008, and demonstrating compliance with such activities, including those targeted to rule changes. users and receivers of STS services. We ending July 25, 2013, pursuant to 47 In response to the public notice reviewed each of the outreach plans CFR 64.606(c). One year prior to the seeking comment on the applications for submitted by the states in conjunction expiration of this certification, certification of state TRS programs, with each of the applications listed beginning July 25, 2012, the states may Applications for Certification as below and found them to be in apply for renewal of their TRS program Certified State Telecommunications compliance with the Commission’s certification by filing documentation in Relay Service (TRS) Programs Filed; requirements. The Bureau reminds accordance with the 47 CFR 64.606(a) Pleading Cycle Established for Comment states receiving certification of their and (b). States Approved for on Applications, CG Docket No. 03–123, continued obligation to engage in Certification:

File No: TRS–46–07, Alabama Public Service Commission, State of File No: TRS–19–07, Department of Commerce, State of Alaska. Alabama. File No: TRS–47–07, Arkansas Deaf and Hearing Impaired, State of File No: TRS–02–07, Commission for the Deaf and Hard of Hearing, Arkansas. State of Arizona. File No: TRS–32–07, California Public Utilities Commission, State of File No: TRS–23–07, Colorado Public Utilities Commission, State of California. Colorado. File No: TRS–48–07, Connecticut Department of Public Utility, State of File No: TRS–35–07, Delaware Public Service Commission, State of Connecticut. Delaware. File No: TRS–49–07, Public Service Commission, District of Columbia File No: TRS–50–07, Florida Public Service Commission, State of Flor- ida. File No: TRS–51–07, Georgia Pubic Service Commission, State of File No: TRS–22–07, Hawaii Public Utilities Commission, State of Ha- Georgia. waii. File No: TRS–43–07, Idaho Public Service Commission, State of Idaho File No: TRS–10–07, Illinois Commerce Commission, State of Illinois. File No: TRS–08–07 Indiana Telephone Relay Access Corporation, File No: TRS–03–07, Iowa Utilities Board, State of Iowa. State of Indiana. File No: TRS–07–07, Kansas Relay Services, Inc., State of Kansas ..... File No: TRS–52–07, Kentucky Public Service Commission, Common- wealth of Kentucky. File No: TRS–13–07, Louisiana Relay Administration Board, State of File No: TRS–53–07, Maine Public Utilities Commission, State of Louisiana. Maine. File No: TRS–33–07, Telecommunications Access of Maryland, State File No: TRS–34–07, Department of Telecommunications and Energy, of Maryland. Commonwealth of Massachusetts. File No: TRS–54–07, Michigan Public Service Commission, State of File No: TRS–39–07, Minnesota Department of Commerce, State of Michigan. Minnesota. File No: TRS–55–07, Mississippi Public Service Commission, State of File No: TRS–15–07, Missouri Public Service Commission, State of Mississippi. Missouri. File No: TRS–56–07, Telecommunications Access Program, State of File No: TRS–40–07, Nebraska Public Service Commission, State of Montana. Nebraska. File No: TRS–25–07, Relay Nevada, State of Nevada ...... File No: TRS–42–07, New Hampshire Public Service Commission, State of New Hampshire. File No: TRS–45–07, New Jersey Board of Utilities, State of New Jer- File No: TRS–14–07, Commission for the Deaf and Hard of Hearing, sey. State of New Mexico. File No: TRS–16–07, New York State Department of Public Service, File No: TRS–30–07, Department of Health and Human Service, State State of New York. of North Carolina. File No: TRS–12–07, Information Technology Department, State of File No: TRS–37–07, Public Utilities Commission of Ohio, State of North Dakota. Ohio. File No: TRS–57–07, Oklahoma Telephone Association, State of Okla- File No: TRS–36–07, Oregon Public Utilities Commission, State of Or- homa. egon. File No: TRS–58–07, Pennsylvania Bureau of Consumer Services, File No: TRS–28–07, Telecommunications Regulatory Board, Puerto Commonwealth of Pennsylvania. Rico. File No: TRS–59–07, Division of Public Utilities and Carriers, State of File No: TRS–11–07, South Carolina Office of Regulatory Staff, State Rhode Island. of South Carolina. File No: TRS–60–07, Department of Human Services, State of South File No: TRS–20–07, Tennessee Regulatory Authority, State of Ten- Dakota. nessee. File No: TRS–17–07, Texas Public Utility Commission, State of Texas File No: TRS–61–07, Virgin Islands Public Services Commission, U.S. Virgin Islands. File No: TRS–09–07, Public Service Commission, State of Utah ...... File No: TRS–44–07, Vermont Department of Public Service, State of Vermont. File No: TRS–04–07, Department for the Deaf and Hard of Hearing, File No: TRS–27–07, Office of the Deaf and Hard of Hearing, State of Commonwealth of Virginia. Washington. File No: TRS–06–07, Public Service Commission of West Virginia, File No: TRS–01–07, Wisconsin Department of Administration, State of State of West Virginia. Wisconsin. File No: TRS–18–07, Division of Vocational Rehabilitation, State of Wy- oming.

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Federal Communications Commission. (202) 418–0530 (voice) or (202) 418– of the Commission’s hearing aid Nicole McGinnis, 0432 (TTY). Document DA 08–1331 also compatibility rules. Deputy Chief, Consumer & Governmental can be downloaded in Word and Federal Communications Commission Portable Document Format (PDF) at Affairs Bureau. Nicole McGinnis, http://www.fcc.gov/cgb/dro/ [FR Doc. E8–17695 Filed 7–31–08; 8:45 am] Deputy Chief, Consumer and Governmental BILLING CODE 6712–01–P hearing.html. The designation required by Affairs Bureau. Amendment of the Commission’s Rules [FR Doc. E8–17696 Filed 7–31–08; 8:45 am] FEDERAL COMMUNICATIONS Governing Hearing Aid-Compatible BILLING CODE 6712–01–P COMMISSION Mobile Handsets, Petition of American National Standards Institute Accredited [WT Docket No. 07–250; DA 08–1331] Standards Committee C63 (EMC) ANSI FEDERAL MARITIME COMMISSION ASC C63, WT Docket No. 07–250, Consumer and Governmental Affairs Sunshine Act Meeting Bureau Reminds Digital Wireless First Report and Order, FCC 08–68, published at 73 FR 25566, May 7, 2008 Handset Manufacturers and Public AGENCY HOLDING THE MEETING: Federal (2008 Hearing Aid Compatibility First Mobile Service Providers of Obligation Maritime Commission. Report and Order), may be sent to the To Designate an Agent for Hearing Aid Commission via e-mail to TIME AND DATE: August 6, 2008—10 a.m. Compatibility Issues [email protected], or by mail PLACE: 800 North Capitol Street, NW., AGENCY: Federal Communications to the Commission, Attention: Arlene First Floor Hearing Room, Washington, Commission. Alexander, Room 3–C408 (see DC. ACTION: Notice. ADDRESSES section of this document for STATUS: A portion of the meeting will be mailing address). Designated service in Open Session and the remainder of SUMMARY: In this document, the agent information may be viewed the meeting will be in Closed Session. Consumer and Governmental Affairs through the Bureau’s Disability Rights Matters To Be Considered Bureau (Bureau) reminds public mobile Office Web site at http://www.fcc.gov/ service providers and digital wireless cgb/dro/section255.html. Open Session handset manufacturers of their (1) FMC Agreement No. 201188— obligation to designate an agent for Synopsis Houston Terminal, LLC Cooperative service of informal complaints received On February 28, 2008, the Working Agreement, effective August 9, by the Commission, as well as notices, Commission released the 2008 Hearing 2008. inquiries, and orders, relating to hearing Aid Compatibility First Report and (2) FMC Agreement No. 201189—New aid compatibility. Order, which modified the Orleans Terminal, LLC Cooperative DATES: The requirement to designate a Commission’s hearing aid compatibility requirements applicable to providers of Working Agreement, effective August 9, service and contact agent became 2008. effective June 6, 2008. public mobile services and manufacturers of digital wireless ADDRESSES: Federal Communications Closed Session handsets used in the delivery of those Commission, 445 12th Street, SW., (1) Los Angeles/Long Beach Port/ services. These modifications include Washington, DC 20554. Terminal Agreements. requiring manufacturers and service FOR FURTHER INFORMATION CONTACT: (2) Internal Administrative Practices providers to provide hearing aid and Personnel Matters. Arlene Alexander, Consumer and compatibility contact information Governmental Affairs Bureau, Disability directly to the Commission for posting FOR FURTHER INFORMATION CONTACT: Rights Office at (202) 418–0581 (voice), on the Commission’s Web site. Karen V. Gregory, Assistant Secretary, (202) 418–0183 (TTY), or e-mail Specifically, the Commission amended (202) 523–5725. [email protected]. 47 CFR 68.418 to require that Karen V. Gregory, SUPPLEMENTARY INFORMATION: This is a manufacturers and service providers Assistant Secretary, summary of the Bureau’s document DA designate and identify one or more [FR Doc. E8–17838 Filed 7–30–08; 4:15 pm] 08–1331, released June 5, 2008. A copy agents upon whom service may be made of document DA 08–1331 will be of all informal complaints, as well as BILLING CODE 6730–01–P available for public inspection and notices, inquiries, orders, decisions, and copying during regular business hours other pronouncements of the at the FCC Reference Information Commission in any matter before the FEDERAL RESERVE SYSTEM Center, Portals II, 445 12th Street, SW., Commission. The regulations further Change in Bank Control Notices; Room CY–A257, Washington, DC 20554. provide that ‘‘[s]uch designation shall Acquisition of Shares of Bank or Bank Document DA 08–1331 also may be be provided to the Commission and Holding Companies purchased from the Commission’s shall include a name or department duplicating contractor at Portals II, 445 designation, business address, The notificants listed below have 12th Street, SW., Room CY–B402, telephone number, and, if available, applied under the Change in Bank Washington, DC 20554. Customers may TTY number, facsimile number, and Control Act (12 U.S.C. 1817(j)) and contact the Commission’s duplicating Internet e-mail address.’’ Finally, the § 225.41 of the Board’s Regulation Y (12 contractor at its Web site http:// regulations require the Commission to CFR 225.41) to acquire a bank or bank www.bcpiweb.com or by calling 1–800– make this information available to the holding company. The factors that are 378–3160. public. considered in acting on the notices are To request materials in accessible Apart from requiring the provision of set forth in paragraph 7 of the Act (12 formats for people with disabilities contact information directly to the U.S.C. 1817(j)(7)). (Braille, large print, electronic files, Commission, the new regulations do not The notices are available for audio format), send an e-mail to otherwise change the procedures for immediate inspection at the Federal [email protected] or call the Bureau at handling complaints alleging a violation Reserve Bank indicated. The notices

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also will be available for inspection at Board, are available for immediate available for inspection at the offices of the office of the Board of Governors. inspection at the Federal Reserve Bank the Board of Governors. Interested Interested persons may express their indicated. The applications also will be persons may express their views in views in writing to the Reserve Bank available for inspection at the offices of writing on the standards enumerated in indicated for that notice or to the offices the Board of Governors. Interested the BHC Act (12 U.S.C. 1842(c)). If the of the Board of Governors. Comments persons may express their views in proposal also involves the acquisition of must be received not later than August writing on the standards enumerated in a nonbanking company, the review also 18, 2008. the BHC Act (12 U.S.C. 1842(c)). If the includes whether the acquisition of the A. Federal Reserve Bank of proposal also involves the acquisition of nonbanking company complies with the Minneapolis (Jacqueline G. King, a nonbanking company, the review also standards in section 4 of the BHC Act Community Affairs Officer) 90 includes whether the acquisition of the (12 U.S.C. 1843). Unless otherwise Hennepin Avenue, Minneapolis, nonbanking company complies with the noted, nonbanking activities will be Minnesota 55480–0291: standards in section 4 of the BHC Act conducted throughout the United States. 1. John Smoluch and Donna Smoluch, (12 U.S.C. 1843). Unless otherwise Additional information on all bank both of Coon Rapids, Minnesota, to noted, nonbanking activities will be holding companies may be obtained retain and acquire control of conducted throughout the United States. from the National Information Center Community Pride Bank Corporation, Additional information on all bank website at www.ffiec.gov/nic/. Ham Lake, Minnesota, and thereby holding companies may be obtained Unless otherwise noted, comments indirectly retain and acquire control of from the National Information Center regarding each of these applications Community Pride Bank, Isanti, website at www.ffiec.gov/nic/. must be received at the Reserve Bank Minnesota. Unless otherwise noted, comments indicated or the offices of the Board of B. Federal Reserve Bank of Kansas regarding each of these applications Governors not later than August 28, City (Todd Offenbacker, Assistant Vice must be received at the Reserve Bank 2008. President) 1 Memorial Drive, Kansas indicated or the offices of the Board of A. Federal Reserve Bank of Chicago City, Missouri 64198–0001: Governors not later than August 25, (Burl Thornton, Assistant Vice 1. The Barbara Dean Flaming Trust 2008. President) 230 South LaSalle Street, and Brenda Jean Flaming Salinas, A. Federal Reserve Bank of Chicago, Illinois 60690–1414: trustee; the Brenda Jean Flaming Trust Philadelphia (Michael E. Collins, Senior 1. BOSP Bancshares, Inc., Sun Prairie, and Barbara Dean Flaming Waite, Vice President) 100 North 6th Street, Wisconsin, to become a bank holding trustee; the Michael Todd Flaming Trust Philadelphia, Pennsylvania 19105– company by acquiring 100 percent of and Brenda Jean Flaming Salinas, 1521: the voting shares of Bank of Sun Prairie, trustee; and the Flaming Children 2008 1. Embassy Bancorp, Inc., Bethlehem, Sun Prairie, Wisconsin. Irrevocable Trust and Gerald R. Pennsylvania, to become a bank holding Board of Governors of the Federal Reserve Chelgren, trustee; all of Cherokee, company by acquiring 100 percent of System, July 29, 2008. Oklahoma, part of a group acting in the voting shares of Embassy Bank for Robert deV. Frierson, concert, to acquire and retain control of the Lehigh Valley, Bethlehem, Deputy Secretary of the Board. Alfalfa County Bancshares, Inc., and Pennsylvania. [FR Doc. E8–17668 Filed 7–31–08; 8:45 am] thereby indirectly acquire and retain Board of Governors of the Federal Reserve BILLING CODE 6210–01–S control of ACB Bank, both in Cherokee, System, July 28, 2008. Oklahoma. Robert deV. Frierson, Board of Governors of the Federal Reserve Deputy Secretary of the Board. FEDERAL RESERVE SYSTEM System, July 29, 2008. [FR Doc. E8–17652 Filed 7–31–08; 8:45 am] Notice of Proposals to Engage in Robert deV. Frierson, BILLING CODE 6210–01–S Deputy Secretary of the Board. Permissible Nonbanking Activities or [FR Doc. E8–17670 Filed 7–31–08; 8:45 am] to Acquire Companies that are Engaged in Permissible Nonbanking BILLING CODE 6210–01–S FEDERAL RESERVE SYSTEM Activities Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice FEDERAL RESERVE SYSTEM have given notice under section 4 of the Formations of, Acquisitions by, and The companies listed in this notice Bank Holding Company Act (12 U.S.C. Mergers of Bank Holding Companies have applied to the Board for approval, 1843) (BHC Act) and Regulation Y (12 pursuant to the Bank Holding Company CFR Part 225) to engage de novo, or to The companies listed in this notice Act of 1956 (12 U.S.C. 1841 et seq.) acquire or control voting securities or have applied to the Board for approval, (BHC Act), Regulation Y (12 CFR Part assets of a company, including the pursuant to the Bank Holding Company 225), and all other applicable statutes companies listed below, that engages Act of 1956 (12 U.S.C. 1841 et seq.) and regulations to become a bank either directly or through a subsidiary or (BHC Act), Regulation Y (12 CFR Part holding company and/or to acquire the other company, in a nonbanking activity 225), and all other applicable statutes assets or the ownership of, control of, or that is listed in § 225.28 of Regulation Y and regulations to become a bank the power to vote shares of a bank or (12 CFR 225.28) or that the Board has holding company and/or to acquire the bank holding company and all of the determined by Order to be closely assets or the ownership of, control of, or banks and nonbanking companies related to banking and permissible for the power to vote shares of a bank or owned by the bank holding company, bank holding companies. Unless bank holding company and all of the including the companies listed below. otherwise noted, these activities will be banks and nonbanking companies The applications listed below, as well conducted throughout the United States. owned by the bank holding company, as other related filings required by the Each notice is available for inspection including the companies listed below. Board, are available for immediate at the Federal Reserve Bank indicated. The applications listed below, as well inspection at the Federal Reserve Bank The notice also will be available for as other related filings required by the indicated. The applications also will be inspection at the offices of the Board of

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Governors. Interested persons may instruments, call 404–639–5960 and with this greater understanding, the express their views in writing on the send comments to Maryam I. Daneshvar, NYVPRC’s role has been refocused to question whether the proposal complies CDC Acting Reports Clearance Officer, better position it to respond to emerging with the standards of section 4 of the 1600 Clifton Road, MS–D74, Atlanta, needs. BHC Act. Additional information on all GA 30333 or send an e-mail to This project will evaluate a pilot bank holding companies may be [email protected]. implementation of the revised NYVPRC obtained from the National Information Comments are invited on: (a) Whether Web site. The revised Web site will Center website at www.ffiec.gov/nic/. the proposed collection of information target local government and community Unless otherwise noted, comments is necessary for the proper performance leaders with youth violence-related regarding the applications must be of the functions of the agency, including online training, information resources received at the Reserve Bank indicated whether the information shall have and community workspace to build and or the offices of the Board of Governors practical utility; (b) the accuracy of the sustain comprehensive, community- not later than August 18, 2008. agency’s estimate of the burden of the wide prevention efforts. The objectives A. Federal Reserve Bank of proposed collection of information; (c) of the NYVPRC pilot project are to Richmond (A. Linwood Gill, III, Vice ways to enhance the quality, utility, and determine (1) the usefulness and President) 701 East Byrd Street, clarity of the information to be favorability of the online training, Richmond, Virginia 23261–4528: collected; and (d) ways to minimize the information resources and community 1. City First Enterprises, Inc., to burden of the collection of information workspaces, (2) the reach of targeted engage de novo through its subsidiary, on respondents, including through the promotional efforts, and (3) progress City First Homes, both of Washington, use of automated collection techniques made on short term outcomes. Four data D.C., in lending and community or other forms of information collection tools will be used to measure development activities, pursuant to technology. Written comments should these objectives: (1) User feedback sections 225.28(b)(1), (b)(12)(i), and be received within 60 days of this surveys, (2) training surveys, (3) (b)(12)(ii) of Regulation Y. notice. implementation interviews and (4) B. Federal Reserve Bank of Atlanta Proposed Project coalition capacity surveys. (Steve Foley, Vice President) 1000 User feedback surveys will elicit Peachtree Street, N.E., Atlanta, Georgia Evaluation of the National Youth responses from users at various points 30309: Violence Prevention Resource Center on the NYVPRC Web site by inviting 1. Early Bancshares, Inc., Blakely, (NYVPRC)—New—National Center for them via a pop-up window to complete Georgia, to acquire 100 percent of the Injury Prevention and Control (NCIPC), an online survey that will take 5 outstanding shares of One South Bank, Centers for Disease Control and minutes to complete. All questions will Chipley, Florida (in organization), and Prevention (CDC). be closed-ended and intended to gather thereby engage in operating a savings Background and Brief Description feedback on customer satisfaction association, pursuant to section The origin of the National Youth regarding the various Web site 225.28(b)(4)(ii) of Regulation Y. Violence Prevention Resource Center functions. It is expected that each set of Comments regarding this application (NYVPRC) is woven into the federal data will be collected from up to 15 must be received not later than August response to the Columbine High School different groups of individuals over a 28, 2008. shootings in 1999. As the Nation took a three year period. For each group, the Board of Governors of the Federal Reserve broad look at the issue of violence response period will continue until a System, July 29, 2008. occurring in school settings, it became pre-determined number of surveys has Robert deV. Frierson, clear that violence among adolescents been met therefore an 80 percent Deputy Secretary of the Board. stretched far beyond the walls of response rate is not a goal. The sample will not be representative of the entire [FR Doc. E8–17669 Filed 7–31–08; 8:45 am] educational institutions and presented a population. BILLING CODE 6210–01–S complex threatening public health concern requiring a comprehensive The training surveys will be response. To that end, the White House conducted during the online training established the Council on Youth available through the Web site to assess DEPARTMENT OF HEALTH AND satisfaction with and knowledge gained HUMAN SERVICES Violence in October 1999 to coordinate youth violence prevention activities of from the training. The training survey questions will be woven into three Centers for Disease Control and all federal agencies. The Council, in training modules that will be hosted on Prevention collaboration with CDC and other federal agencies, directed the the Web site. Data will be collected [60Day–08–08BI] development of NYVPRC to serve as a electronically and, in total, the survey user-friendly, single point of entry to will take 15 minutes to complete. Proposed Data Collections Submitted potentially life-saving information about Implementation interviews and for Public Comment and youth violence prevention. coalition capacity surveys will be Recommendations Since 1999, a substantial body of required as a criteria for participation in the pilot. The implementation In compliance with the requirement evidence has evolved to support the interviews will be conducted with all of Section 3506(c)(2)(A) of the belief that youth violence can be coalition leaders invited to participate Paperwork Reduction Act of 1995 for prevented through the comprehensive, opportunity for public comment on systematic application of effective approaches. A better understanding of 2 Mercy, J. A., Rosenberg, M. L., Powell, K. E., proposed data collection projects, the Broome, C. V., & Roper, W. L. (1993). Public health Centers for Disease Control and the key influencers on the prevention of policy for preventing violence. Health Affairs, 12, 123 Prevention (CDC) will publish periodic youth violence has emerged. Armed 7–26. summaries of proposed projects. To 3 Mercy J, Butchart A, Farrington D, Cerda´ M. 1 request more information on the Centers for Disease Control and Prevention. Youth violence. In: Krug E, Dahlberg LL, Mercy JA, (1999). Ten great public health achievements— Zwi AB, Lozano R, editors. The World Report on proposed projects or to obtain a copy of United States, 1900–1999. Morbidity and Mortality Violence and Health. Geneva (Switzerland): World the data collection plans and Weekly Report, 48, 241–243. Health Organization; 2002. p. 25–56.

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in the pilot project. Interviews will be complete. The implementation supporting the development of conducted by phone using open-ended interviews and coalition capacity community-wide youth violence questions to determine coalition surveys will be conducted at the prevention coalitions and subsequent strengths, weaknesses, and barriers to beginning of the pilot period as a strategic planning. coalition building and strategic baseline measure and again at the end The pre-post research design of the planning efforts. Each interview will of the 12-month pilot period. The evaluation will aid CDC in assessing the take 30 minutes. The capacity building baseline information will assist CDC in changes in knowledge, attitudes, and surveys will be conducted with all tailoring technical assistance that might resource capacity associated with the members of the pilot project coalitions. be required by the pilot communities. NYVPRC Web site and will inform These surveys will determine changes The evaluation will then utilize these revision of the Web site materials for a in the capacity of partner organizations baseline measures along with the future nationwide launch. There is no associated with pilot coalitions and are information collected during the pilot to cost to respondents for any of these expected to take 30 minutes to assess the Web site’s success at surveys.

ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average Number of responses burden per Total burden Respondents respondents per response (in hours) respondent (in hours)

Online Training Survey ...... 400 1 15/60 100 User Feedback Survey ...... 1000 1 5/60 83 Partner Survey ...... 120 2 30/60 120 Coalition Capacity Survey ...... 50 2 30/60 50

Total ...... 353

Dated: July 24, 2008. 0278]—Revision—National Center for NCHS proposes to begin the expansion Maryam I. Daneshvar, Health Statistics (NCHS), Centers for of NHAMCS data gathering to include Acting Reports Clearance Officer, Centers for Disease Control and Prevention (CDC). hospital-based ambulatory surgery Disease Control and Prevention. Background and Brief Description centers (ASCs). Beginning in 2010, [FR Doc. E8–17601 Filed 7–31–08; 8:45 am] NCHS plans to seek OMB approval to BILLING CODE 4163–18–P The National Hospital Ambulatory expand NHAMCS to also include free- Medical Care Survey (NHAMCS) has standing ASCs. The objective of this been conducted annually since 1992. new collection will be to collect data DEPARTMENT OF HEALTH AND The purpose of NHAMCS is to meet the about ambulatory surgery centers, the HUMAN SERVICES needs and demands for statistical patients they serve, and the services information about the provision of they deliver. It will remain the principal Centers for Disease Control and ambulatory medical care services in the Prevention source of data on ambulatory surgery United States. Ambulatory services are center services in the United States. It rendered in a wide variety of settings, [30Day–08–0278] has been the benchmark against which including physicians’ offices and special programmatic data sources are Agency Forms Undergoing Paperwork hospital outpatient and emergency Reduction Act Review departments. The target of the NHAMCS compared. NHAMCS ASC data that will be collected include patient The Centers for Disease Control and to date has been in-person visits made to outpatient departments (OPDs) and characteristics, diagnoses, surgical and Prevention (CDC) publishes a list of nonsurgical procedures, provider and information collection requests under emergency departments (EDs) of non- Federal, short stay hospitals (hospitals type of anesthesia, time in and out of review by the Office of Management and surgery and postoperative care, and Budget (OMB) in compliance with the with an average length of stay of less discharge disposition. Paperwork Reduction Act (44 U.S.C. than 30 days) or those whose specialty Chapter 35). To request a copy of these is general (medical or surgical) or Users of NHAMCS data include, but requests, call the CDC Reports Clearance children’s general. are not limited to, congressional offices, Officer at (404) 639–5960 or send an e- This revision is to transfer data Federal agencies, state and local mail to [email protected]. Send written gathering from the previously governments, schools of public health, comments to CDC Desk Officer, Office of conducted National Survey of colleges and universities, private Management and Budget, Washington, Ambulatory Surgery (NSAS) (OMB No. industry, nonprofit foundations, DC or by fax to (202) 395–6974. Written 0920–0334) to NHAMCS. After the professional associations, clinicians, comments should be received within 30 1994–1996 NSAS, funds were not researchers, administrators, and health days of this notice. available to gather this important, and planners. There are no costs to the much sought after, data until 2006. Due Proposed Project respondents other than their time. The to a lack of funds it has not been total estimated annualized burden hours National Hospital Ambulatory possible to conduct an independent are 9,186. Medical Care Survey [OMB No. 0920– NSAS since that time and so, for 2009,

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ESTIMATED ANNUALIZED BURDEN HOURS

Average Number of Number of burden per Type of respondent Form name respondents responses per response respondent (in hours)

Hospital Chief Medical Officer ...... Hospital Induction (NHAMCS–101) ...... 470 1 55/60 Ancillary Service Executive ...... Ambulatory Unit Induction (NHAMCS–101/U) 845 2 1 Physician/Registered Nurse/Medical Record ED Patient Record form NHAMCS–100 (ED)] 220 100 7/60 Clerk. Medical Record Clerk ...... Pulling and re-filing Patient Records ...... 393 132 1/60 Physician/Registered Nurse/Medical Record OPD Patient Record form [NHAMCS–100 125 200 6/60 Clerk. (OPD)]. Physician/Phys. Asst./Nurse Practitioner/ Cervical Cancer Screening Supplement 250 1 15/60 Nurse Midwife. (CCSS) (NHAMCS–906). Physician/Registered Nurse/Medical Record ASC Patient Record form NHAMCS–100 107 100 6/60 Clerk. (ASC).

Dated: July 24, 2008. clearance request includes the data decades. It has become clear that a Maryam I. Daneshvar, collection in 2008 and 2009 using the redesign of the NHDS that provides Acting Reports Clearance Officer, Centers for current NHDS design; a pretest of a new greater depth of information is Disease Control and Prevention. design; and data collection for 2010 and necessary. [FR Doc. E8–17603 Filed 7–31–08; 8:45 am] 2011 of the survey using the new In 2008, a sample of 30 hospitals will BILLING CODE 4163–18–P design. be selected for a pretest. These hospitals will not be a probability sample, but Current NHDS instead will be intentionally selected to DEPARTMENT OF HEALTH AND The National Hospital Discharge include hospitals of differing size, HUMAN SERVICES Survey (NHDS) has been conducted location and other characteristics continuously by the National Center for related to their service and patient Centers for Disease Control and Health Statistics, CDC, since 1965. It is clientele. Prevention the principal source of data on inpatient In 2010, a redesigned NHDS will be [30Day–08–0212] utilization of short-stay, non-Federal implemented and will consist of a hospitals and is the principal annual completely new sample of Agency Forms Undergoing Paperwork source of nationally representative approximately 240 hospitals. The Reduction Act Review estimates on the characteristics of redesigned NHDS will use a modified discharges, the lengths of stay, two stage design. The first stage The Centers for Disease Control and diagnoses, surgical and non-surgical sampling will be hospitals. The second Prevention (CDC) publishes a list of procedures, and the patterns of use of stage of sampling will be discharges. A information collection requests under care in hospitals in various regions of stratified, random sample of 120 review by the Office of Management and the country. It is the benchmark against discharges is targeted within each Budget (OMB) in compliance with the which special programmatic data hospital. In the redesigned survey all Paperwork Reduction Act (44 U.S.C. sources are measured. The data items data will be abstracted by trained health Chapter 35). To request a copy of these collected are the basic core of the care staff under contract. All data will requests, call the CDC Reports Clearance variables contained in the Uniform be obtained from hospital records and Officer at (404) 639–5960 or send an e- Hospital Discharge Data Set (UHDDS) in charts and computer systems. mail to [email protected]. Send written The current data items will be comments to CDC Desk Officer, Office of addition to several variables (admission collected with significant additional Management and Budget, Washington, source and type, admitting diagnosis details. Patient level data items to be DC or by fax to (202) 395–6974. Written and present on admission indicators) collected include personal identifiers comments should be received within 30 which are identical to those needed for such as social security number (last 4 days of this notice. billing of inpatient services for Medicare patients. In the current survey, data are digits), name and medical record Proposed Project obtained in one of three ways: number; clinical laboratory results such National Hospital Discharge Survey— Abstracted by hospital staff; abstracted as hematocrit and white blood cell Revision—The National Hospital by Bureau of the Census Staff under an count; and financial billing and record Discharge Survey (NHDS) (OMB# 0920– interagency agreement; and provided in data. The survey includes detailed 0212), National Center for Health electronic format. Due to budgetary questions for three modules: Acute Statistics (NCHS), Centers for Disease constraints, the number of hospitals and myocardial infarction; infectious Control and Prevention (CDC). the number of discharges for the 2008 disease; and end of life issues. Facility and 2009 NHDS data collections will level data items include demographic Background and Brief Description decrease by approximately 50% from information, clinical capabilities, and Section 306 of the Public Health previous years. financial information. Service (PHS) Act (42 U.S.C. 242k), as Users of NHDS data include, but are amended, authorizes that the Secretary Redesigned NHDS not limited to the CDC; the of Health and Human Services (DHHS), Although the current NHDS is still Congressional Research Office; the acting through NCHS, shall collect fulfilling its intended functions, it is Office of the Assistant Secretary for statistics on the extent and nature of based on concepts from the health care Planning and Evaluation (ASPE); illness and disability of the population delivery system, as well as the hospital American Health Care Association, of the United States. This three-year and patient universes, of previous Centers for Medicare and Medicaid

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Services (CMS), and Bureau of the NHDS data have been used extensively universities, research organizations, Census. Data collected through the in the development and monitoring of foundations, and a variety of users in NHDS are essential for evaluating health goals for the Year 2000 and 2010 the print media. There is no cost to status of the population, for the Healthy People Objectives. In addition, respondents other than their time to planning of programs and policy to NHDS data provide annual updates for participate. The total estimated elevate the health status of the Nation, numerous tables in the Congressionally- annualized burden hours are 5,591. for studying morbidity trends, and for mandated NCHS report, Health, United research activities in the health field. States. Other users of these data include

TABLE 1—ESTIMATED ANNUALIZED BURDEN HOURS

Number of Average Number of responses burden per Type of data collection respondents per response respondent (in hours)

Current NHDS Primary Procedure Hospitals Sample Listing Sheet ...... 13 12 25/60 Current NHDS Primary Procedure Hospitals Medical Abstract Form ...... 13 250 5/60 Current NHDS Primary Procedure Hospitals Transmittal Notice ...... 13 12 1/60 Current NHDS Alternate Procedure Hospitals locating medical records ...... 41 250 1/60 Current NHDS In-House Tape or Printout Hospital—computer programming and submission 29 12 13/60 Current NHDS Hospital Interview Questionnaire ...... 10 1 2 Redesigned pretest Survey presentation to hospital ...... 10 1 1 Redesigned pretest Facility questionnaire ...... 10 1 4 Redesigned pretest Sample discharges within hospital, obtain UB–04 & payment data ...... 10 10 14/60 Redesigned pretest Verify sampling & reabstract medical records ...... 2 10 14/60 Redesign pretest Debrief hospital staff ...... 10 1 1 Redesigned 2010–2011 Survey presentation to hospital ...... 80 1 1 Redesigned 2010–2011 Facility questionnaire ...... 80 1 4 Redesigned 2010–2011 Sample discharges within hospital, obtain UB–04 & payment data .... 160 120 14/60 Redesigned 2010–2011 Verify sampling & re-abstract medical records ...... 3 25 14/60

Dated: July 24, 2008. utility, and clarity of the information to Effective January 1, 2009, as required Maryam I. Daneshvar, be collected; and (4) the use of by the MMSEA, an entity serving as an Acting Reports Clearance Officer, Centers for automated collection techniques or insurer or third party administrator for Disease Control and Prevention. other forms of information technology to a group health plan and, in the case of [FR Doc. E8–17605 Filed 7–31–08; 8:45 am] minimize the information collection a group health plan that is self-insured BILLING CODE 4163–18–P burden. and self-administered, a plan 1. Type of Information Collection administrator or fiduciary must: (1) Request: New collection; Title of Secure from the plan sponsor and plan DEPARTMENT OF HEALTH AND participants such information as the HUMAN SERVICES Information Collection: Mandatory Insurer Reporting Requirements of Secretary may specify to identify Centers for Medicare & Medicaid Section 111 of the Medicare, Medicaid situations where the group health plan Services and SCHIP Act of 2007 (MMSEA) (Pub. is a primary plan to Medicare; and (2) report such information to the Secretary [Document Identifier: CMS–10265] L. 110–173); Use: Section 111 of the Medicare, Medicaid and SCHIP in the form and manner (including Agency Information Collection Extension Act of 2007 (Pub. L. 110–173) frequency) specified by the Secretary. Activities: Proposed Collection; amends the Medicare Secondary Payer Effective July 1, 2009, as required by Comment Request (MSP) provisions of the Social Security the MMSEA, ‘‘applicable plans,’’ must: Act (42 U.S.C. 1395y(b)) to provide for (1) Determine whether a claimant is AGENCY: Centers for Medicare & Medicaid Services. mandatory reporting by group health entitled to Medicare benefits; and, if so, plan arrangements and by liability (2) report the identity of such claimant In compliance with the requirement insurance (including self-insurance), no- and provide such other information as of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the fault insurance, and workers’ the Secretary may require to properly Centers for Medicare & Medicaid compensation laws and plans. The law coordinate Medicare benefits with Services (CMS) is publishing the provides that, not withstanding any respect to such insurance arrangements following summary of proposed other provision of law, the Secretary of in the form and manner (including collections for public comment. Health and Human Services may frequency) as the Secretary may specify Interested persons are invited to send implement this provision by program after the claim is resolved through a comments regarding this burden instruction or otherwise. The Secretary settlement, judgment, award or other estimate or any other aspect of this has elected not to implement the payment (regardless of whether or not collection of information, including any provision through rulemaking and will there is a determination or admission of of the following subjects: (1) The implement by publishing instructions liability). Applicable plan refers to the necessity and utility of the proposed on a publicly available Web site and following laws, plans or other information collection for the proper submitting an information collection arrangements, including the fiduciary or performance of the agency’s functions; request to OMB for review and approval administrator for such law, plan or (2) the accuracy of the estimated of the associated information collection arrangement: (1) Liability insurance burden; (3) ways to enhance the quality, requirements. (including self-insurance); (2) No-fault

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insurance; and (3) Workers’ DEPARTMENT OF HEALTH AND supplements, and notices (for compensation laws or plans. HUMAN SERVICES simplicity, this notice refers to these As indicated, the Secretary has collectively as ‘‘submissions’’); for Food and Drug Administration elected to implement this provision by periodic reporting on class III devices; and for the registration of certain publishing instructions at a Web site [Docket No. FDA–2008–N–0420] establishments. Under statutorily- established for such purpose. The Web Medical Device User Fee Rates for defined conditions, a qualified site is http://www.cms.hhs.gov/ Fiscal Year 2009 applicant may receive a fee waiver or MandatoryInsRep/. CMS shall use this may pay a lower small business fee (see Web site to publish preliminary AGENCY: Food and Drug Administration, 21 U.S.C. 379j(d) and (e)). guidance as well as the final HHS. Under the act, the fee rate for each instructions. The Web site also advises ACTION: Notice. type of submission is set at a specified interested parties how to comment on percentage of the standard fee for a SUMMARY: The Food and Drug the preliminary guidance. Form premarket application (a premarket Administration (FDA) is publishing the Number: CMS–10265 (OMB# 0938– application is a premarket approval fee rates and payment procedures for New); Frequency: Yearly; Affected application (PMA), a product medical device user fees for fiscal year development protocol (PDP), or a Public: Business or other for-profits, (FY) 2009. The Federal Food, Drug, and biologics licensing application (BLA)). Not-for-profit institutions and State, Cosmetic Act (the act), as amended by The act specifies the standard fee for a Local or Tribal Governments; Number of the Medical Device User Fee and premarket application for each year Respondents: 290,404; Total Annual Modernization Act of 2002 (MDUFMA), from FY 2008 through FY 2012; the Responses: 6,920,504; Total Annual the Medical Device User Fee standard fee for a premarket application Hours: 2,120,478. Stabilization Act of 2005 (MDUFSA), received by FDA during FY 2009 is To obtain copies of the supporting and the Medical Device User Fee Amendments of 2007 (Title II of the $200,725. From this starting point, this statement and any related forms for the notice establishes FY 2009 fee rates for proposed paperwork collections Food and Drug Administration Amendments Act of 2007 (FDAAA)), other types of submissions, and for referenced above, access CMS’ Web Site periodic reporting, by applying criteria at http://www.cms.hhs.gov/ authorizes FDA to collect user fees for certain medical device submissions, and specified in the act. PaperworkReductionActof1995, or e- The act specifies the annual fee for annual fees both for certain periodic mail your request, including your establishment registration for each year reports and for certain establishments address, phone number, OMB number, from FY 2008 through FY 2012; the subject to registration. The FY 2009 fee and CMS document identifier, to registration fee for FY 2009 is $1,851. rates are provided in this notice. These [email protected], or call the There is no reduction in the registration fees apply from October 1, 2008, fee for small businesses. An Reports Clearance Office on (410) 786– through September 30, 2009. To avoid establishment must pay the registration 1326. delay in the review of your application, fee if it is any of the following types of In commenting on the proposed you should pay the fee before or at the establishments: information collections please reference time you submit your application to • Manufacturer. An establishment the document identifier or OMB control FDA. The fee you must pay is the fee that makes by any means any article that number. To be assured consideration, that is in effect on the later of the date is a device, including an establishment comments and recommendations must that your application is received by FDA that sterilizes or otherwise makes such be submitted in one of the following or the date your fee payment is received. article for or on behalf of a specification ways by September 30, 2008: If you want to pay a reduced small developer or any other person. business fee, you must qualify as a small 1. Electronically. You may submit • Single-Use Device Reprocessor. An business before you make your your comments electronically to http:// establishment that performs submission to FDA; if you do not manufacturing operations on a single- www.regulations.gov. Follow the qualify as a small business before you instructions for ‘‘Comment or use device that has previously been make your submission to FDA, you will used on a patient. Submission’’ or ‘‘More Search Options’’ have to pay the higher standard fee. • to find the information collection Specification Developer. An This notice provides information on establishment that develops document(s) accepting comments. how the fees for FY 2009 were specifications for a device that is 2. By regular mail. You may mail determined, the payment procedures distributed under the establishment’s written comments to the following you should follow, and how you may name but which performs no address: CMS, Office of Strategic qualify for reduced small business fees. manufacturing, including an Operations and Regulatory Affairs, FOR FURTHER INFORMATION CONTACT: For establishment that, in addition to Division of Regulations Development, information on MDUFMA: Visit FDA’s developing specifications, also arranges Attention: Document Identifier/OMB Web site, http://www.fda.gov/cdrh/ for the manufacturing of devices labeled Control Number___, Room C4–26–05, mdufma. with another establishment’s name by a 7500 Security Boulevard, Baltimore, For questions relating to this notice: contract manufacturer. Maryland 21244–1850. David Miller, Office of Financial The fees for FY 2009 go into effect on Management (HFA–100), Food and Drug October 1, 2008, and will remain in Dated: July 2, 2008. Administration, 5600 Fishers Lane, effect through September 30, 2009. Michelle Shortt, Rockville, MD 20857, 301–827–3917. II. Fees for FY 2009 Director, Regulations Development Group, SUPPLEMENTARY INFORMATION: Office of Strategic Operations and Regulatory Under the act, all submission fees and Affairs. I. Background the periodic reporting fee are set as a [FR Doc. E8–17731 Filed 7–31–08; 8:45 am] Section 738 of the act (21 U.S.C. 379j) percent of the standard (full) fee for a BILLING CODE 4120–01–P establishes fees for certain medical premarket application (see 21 U.S.C. device applications, submissions, 379j(a)(2)(A)), and the act sets the

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standard fee for a premarket application, • For a 30-day notice, 1.6 percent of business fee is 25 percent of the including a biologic licensing the base fee; standard (full) fee (see 21 U.S.C. application (BLA) and a premarket • For a 510(k) premarket notification, 379j(d)(2)(C)). For a 510(k) premarket report, at $200,725 for FY 2009 (see 21 1.84 percent of the base fee; notification submission, a 30-day notice, • U.S.C. 379j(b); this is referred to as the For a 513(g) request for and a 513(g) request for classification ‘‘base fee’’). The fees set by reference to classification information, 1.35 percent information, the small business fee is 50 the base fee are— of the base fee; and percent of the standard (full) fee (see 21 • For an annual fee for periodic • For a panel-track supplement, 75 reporting concerning a class III device, U.S.C. 379j(e)(2)(C)). There is no small percent of the base fee; 3.5 percent of the base fee. business rate for the annual • For a 180-day supplement, 15 For all submissions other than a establishment registration fee; all percent of the base fee; 510(k) premarket notification, a 30-day establishments pay the same fee. Table • For a real-time supplement, 7 notice, and a 513(g) request for 1 of this document sets out the FY 2009 percent of the base fee; classification information, the small rates for all medical device fees.

TABLE 1—MEDICAL DEVICE FEES FOR FY 2009

Standard Fee, as a Per- cent of the Standard FY 2009 FY 2009 Small Application Fee Type Fee for a Premarket Standard Fee Business Fee Application

Premarket application (a PMA submitted under section 515(c)(1) of the act (21 U.S.C. 360e(c)(1)), a PDP submitted under section 515(f) of the act, or a BLA submitted under section 351 of the Public Health Service (PHS) Act (42 U.S.C. 262)) Set in statute $200,725 $50,181

Premarket report (submitted under section 515(c)(2) of the act) 100% $200,725 $50,181

Efficacy supplement (to an approved BLA under section 351 of the PHS Act) 100% $200,725 $50,181

Panel-track supplement 75 % $150,544 $37,636

180-day supplement 15% $30,109 $7,527

Real-time supplement 7% $14,051 $3,513

510(k) premarket notification submission 1.84% $3,693 $1,847

30-day notice 1.6 % $3,212 $1,606

513(g) request for classification information 1.35% $2,710 $1,355

Annual Fee Type

Annual fee for periodic reporting on a class III device 3.5% $7,025 $1,756

Annual establishment registration fee (to be paid by each establishment that is a manufacturer, a single-use device reprocessor, or a specification developer, as defined by 21 U.S.C. 379i(13)) Set in statute $1,851 $1,851

III. How to Qualify as a Small Business premarket report, you should submit the document, ‘‘FY 2009 Medical Device for Purposes of Medical Device Fees materials showing you qualify as a small User Fee Small Business Qualification business 60 days before you send your and Certification,’’ available on FDA’s If your business has gross receipts or submission to FDA. If you make a Internet site at http://www.fda.gov/cdrh/ sales of no more than $100 million for submission before FDA finds that you mdufma. This form is not available the most-recent tax year, you may qualify as a small business, you must separate from the guidance document. qualify for reduced small business fees. pay the standard fee for that submission. (2) A certified copy of your Federal If your business has gross sales or If your business qualified as a small (U.S.) Income Tax Return for the most receipts of no more than $30 million, business for FY 2008, your status as a recent tax year. The most recent tax year you may also qualify for a waiver of the small business will expire at the close will be 2008, except— fee for your first premarket application of business on September 30, 2008. You • (PMA, PDP, or BLA) or premarket must re-qualify for FY 2009 in order to If you submit your FY 2009 report. You must include the gross pay small business fees during FY 2009. MDUFMA Small Business Qualification receipts or sales of all of your affiliates If you are a domestic (U.S.) business, before April 15, 2009, and you have not along with your own gross receipts or and wish to qualify as a small business yet filed your return for 2008, you may sales when determining whether you for FY 2009, you must submit the use tax year 2007. meet the $100 million or $30 million following to FDA: • If you submit your FY 2009 threshold. If you want to pay the small (1) A completed FY 2009 MDUFMA MDUFMA Small Business Qualification business fee rate for a submission, or Small Business Qualification on or after April 15, 2008, and have not you want to receive a waiver of the fee Certification (Form FDA 3602). This yet filed your 2008 return because you for your first premarket application or form is provided in FDA’s guidance obtained an extension, you may submit

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your most-recent return filed prior to country in which the firm is 30, 2008, which will be subject to FY the extension. headquartered. This certification must 2008 fee rates. A second choice is for (3) For each of your affiliates, either— show the amount of gross receipts or applications that will be received on or • If the affiliate is a domestic (U.S.) sales for the most recent tax year, in after October 1, 2008, which will be business, a certified copy of the both U.S. dollars and the local currency subject to FY 2009 fee rates.) After affiliate’s Federal (U.S.) income tax of the country, the exchange rate used completing data entry, print a copy of return for the most recent tax year, or in converting the local currency to U.S. the Medical Device User Fee Cover • If the affiliate is a foreign business dollars, and the dates for the gross Sheet and note the unique PIN located and cannot submit a Federal (U.S.) receipts or sales collected. The in the upper right-hand corner of the Income Tax Return, a National Taxing applicant should also submit a printed cover sheet. Authority Certification completed by, statement signed by the head of the and bearing the official seal of, the applicant’s firm or by its chief financial B. Step Two—Electronically Transmit a National Taxing Authority of the officer that the applicant has submitted Copy of the Printed Cover Sheet With country in which the firm is certifications for all of its affiliates, the PIN to FDA’s Office of Financial headquartered. This certification must identifying the name(s) of each Management show the amount of gross receipts or affiliate(s), or that the applicant has no Once you are satisfied that the data on sales for the most recent tax year, in affiliates. The National Taxing the cover sheet is accurate, both U.S. dollars and the local currency Authority is the foreign equivalent of electronically transmit that data to FDA of the country, the exchange rate used the U.S. Internal Revenue Service. according to instructions on the screen. in converting the local currency to U.S. Since electronic transmission is dollars, and the dates of the gross IV. Procedures for Paying Application and Annual Report Fees possible, applicants are required to set receipts or sales collected. The up a user account and use passwords to applicant should also submit a If your application or submission is assure data security in the creation and statement signed by the head of the subject to a fee and is received by FDA electronic submission of cover sheets. applicant’s firm or by its chief financial from October 1, 2008 through officer that the applicant has submitted September 30, 2009, you must pay the C. Step Three—Mail Payment and a certifications for all of its affiliates, fee in effect for FY 2009. The later of the Copy of the Completed Medical Device identifying the name(s) of each date that the application or annual User Fee Cover Sheet to the St. Louis affiliate(s), or that the applicant has no report is received in the reviewing Address Specified in This Section affiliates. The National Taxing center’s document room or the date that • Make the payment in U. S. currency Authority is the foreign equivalent of the check is received by U.S. Bank by check, bank draft, or U.S. Postal the U.S. Internal Revenue Service. determines whether the fee rates for FY money order payable to the Food and If you are a foreign business, and wish 2008 or FY 2009 apply. FDA must Drug Administration. (FDA’s tax to qualify as a small business for FY receive the correct fee at the time that identification number is 53–0196965, 2009, you must submit the following: an application or annual report is should your accounting department (1) A completed FY 2009 MDUFMA submitted, or the application or annual need this information.) report will not be accepted for filing or Foreign Small Business Qualification • Please write your application’s review. Certification (Form FDA 3602A). This unique PIN, from the upper right-hand FDA requests that you follow the form is provided in FDA’s guidance corner of your completed Medical steps below before submitting a medical document, ‘‘FY 2009 Medical Device Device User Fee Cover Sheet, on your device application or annual report User Fee Small Business Qualification check, bank draft, or U.S. Postal money subject to a fee. Please pay close and Certification,’’ available on FDA’s order. Internet site at http://www.fda.gov/cdrh/ attention to these procedures to ensure • Mail the payment and a copy of the mdufma. This form is not available that FDA links the fee with the correct completed Medical Device User Fee separate from the guidance document. application. (Note: In no case should the (2) A National Taxing Authority check for the fee be submitted to FDA Cover Sheet to: Food and Drug Certification, completed by, and bearing with the application.) Administration, P.O. Box 956733, St. the official seal of, the National Taxing Louis, MO, 63195–6733. A. Step One—Secure a Payment (Note: This address is for payments of Authority of the country in which the Identification Number (PIN) and firm is headquartered. This Certification application and annual report fees only Medical Device User Fee Cover Sheet and is not to be used for payment of must show the amount of gross receipts From FDA Before Submitting Either the or sales for the most recent tax year, in annual establishment registration fees.) Application or the Payment (Note: Both If you prefer to send a check by a both U.S. dollars and the local currency the FY 2008 and FY 2009 fee rates will of the country, the exchange rate used courier (such as FEDEX, DHL, UPS, be available on the Cover Sheet Web etc.), the courier may deliver the check in converting the local currency to U.S. Site beginning on the date of dollars, and the dates of the gross to: U.S. Bank, Attn: Government publication of this notice, and the FY Lockbox 956733, 1005 Convention receipts or sales collected. 2008 rates will no longer appear after (3) For each of your affiliates, either— Plaza, St. Louis, MO 63101. • If the affiliate is a domestic (U.S.) September 30, 2008.) (Note: This address is for courier business, a certified copy of the Log onto the MDUFMA Web site at delivery only. Contact the U.S. Bank at affiliate’s Federal (U.S.) Income Tax http://www.fda.gov/oc/mdufma and, 314–418–4821 if you have any questions Return for the most recent tax year under the forms heading, click on the concerning courier delivery.) (2007 or later), or link ‘‘User Fee Cover Sheet.’’ Complete It is helpful if the fee arrives at the • If the affiliate is a foreign business the Medical Device User Fee Cover bank at least 1 day before the and cannot submit a Federal (U.S.) Sheet. Be sure you choose the correct application arrives at FDA. FDA records Income Tax Return, a National Taxing application submission date range. (Two the official application receipt date as Authority Certification completed by, choices will be offered until October 1, the later of the following: and bearing the official seal of, the 2008. One choice is for applications that • The date the application was National Taxing Authority of the will be received on or before September received by FDA.

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• The date U.S. Bank receives the located in the upper right-hand corner Listing Module (DRLM) of FURLS. New payment. U.S. Bank is required to notify of the printed order. establishments will need to register and FDA within 1 working day, using the existing establishments will update B. Step Two—Pay for Your DFUF Order PIN described previously in this their annual registration using choices document. Unless paying by credit card, all on the DRLM menu. Once you choose payments must be in U. S. currency and to register or update your annual D. Step Four—Submit Your Application drawn on a U.S. bank. The DFUF order registration the system will prompt you to FDA With a Copy of the Completed will include payment information, through the entry of information about Medical Device User Fee Cover Sheet including details on how you can pay your establishment and your devices. If Please submit your application and a online using a credit card or electronic you have any problems with this copy of the completed Medical Device checks. Follow the instructions process, e-mail [email protected] or User Fee Cover Sheet to one of the provided to make an electronic call 240–276–0111 for assistance. following addresses: payment. If you prefer not to pay online, (Note: This e-mail address and phone • Medical device applications should you may pay by a check, in U.S. dollars number are for assistance with be submitted to: Food and Drug and drawn on a U.S. bank, mailed to: establishment registration only, and not Administration, Center for Devices and Food and Drug Administration, P.O. for any other aspects of medical device Radiological Health, Document Mail Box 70961, Charlotte, NC 28272–0961. user fees.) (Note: This address is different from the Center (HFZ–401), 9200 Corporate D. Step Four—Enter Your DFUF Order address for payments of application and Blvd., Rockville, MD 20850. PIN and PCN annual report fees and is to be used only • Biologic applications should be sent for payment of annual establishment After completing your annual or to: Food and Drug Administration, registration fees.) initial registration and device listing, Center for Biologics Evaluation and If a check is sent by a courier that you will be prompted to enter your Research, Document Control Center requests a street address, the courier can DFUF order PIN and PCN, when (HFM–99), suite 200N, 1401 Rockville deliver the check to: Wachovia Bank, applicable. Fees are only required for Pike, Rockville, MD 20852–1448. Attn: Food and Drug Administration— those establishments defined in section V. Procedures for Paying Annual Lockbox 70961, rm. NC0810, 1525 West I of this document. Establishment Fees WT Harris Blvd., Charlotte, NC 28262. Dated: July 28, 2008. (Note: This Wachovia Bank address is Jeffrey Shuren, If you are required to pay an annual for courier delivery only; do not send establishment registration fee, you must Associate Commissioner for Policy and mail to this address.) Planning. pay for each establishment prior to Please make sure that both of the registration. Payment must be submitted following numbers are written on your [FR Doc. E8–17739 Filed 7–31–08; 8:45 am] by first creating a Device Facility Use check: (1) The FDA post office box BILLING CODE 4160–01–S Fee (DFUF) order through the User Fee number (P.O. Box 70961), and (2) the Web site at https://fdasfinapp8.fda.gov/ PIN that is printed on your order. A OA_HTML/fdaCAcdLogin.jsp. You will DEPARTMENT OF HEALTH AND copy of your printed order should also HUMAN SERVICES be issued a PIN once you place your be mailed along with your check. FDA’s order. After payment has been tax identification number is 53– Food and Drug Administration processed, you will be issued a payment 0196965. confirmation number (PCN). You will Wire transfers may also be used to pay [Docket No. FDA–2008–N–0427] not be able to register your annual establishment fees. For wire Prescription Drug User Fee Rates for establishment if you do not have a PIN transfer information, please contact the Fiscal Year 2009 and a PCN. An establishment required user fee helpdesk at 301–827–9539 or to pay an annual establishment [email protected]. AGENCY: Food and Drug Administration, registration fee is not legally registered HHS. C. Step Three—Complete the in FY 2009 until it has completed the ACTION: Notice. steps in this section to register and pay Information Online to Update Your any applicable fee (see 21 U.S.C. Establishment’s Annual Registration for SUMMARY: The Food and Drug 379j(f)(2)). FY 2009, or to Register a New Administration (FDA) is announcing the Establishment for FY 2009 rates for prescription drug user fees for A. Step One—Submit a Device Facility fiscal year (FY) 2009. The Federal Food, User Fee Order With a PIN From FDA Go to CDRH’s Web site at http:// Drug, and Cosmetic Act (the act), as Before Registering or Submitting www.fda.gov/cdrh/reglistpage.html and amended by the Prescription Drug User Payment click the ‘‘Electronic Registration and Listing System (FURLS)’’ link on the left Fee Amendments of 2007 (PDUFA IV) To submit a DFUF order, you must of the page. This opens up a new page (Title 1 of the Food and Drug create or have previously created a user with important information about Administration Amendments Act of account and password for the User Fee FURLS. After reading this information 2007 (FDAAA)), authorizes FDA to Web site listed in this section. After click on the link at the bottom of the collect user fees for certain applications creating a user name and password, log page. That takes you to an FDA Industry for approval of drug and biological onto the Annual Facility User Fee 2009 Systems page with tutorials that products, on establishments where the store. Complete the DFUF order by demonstrate how to create a new FURLS products are made, and on such entering the number of establishments user account if your establishment did products. Base revenue amounts to be you are registering. Once you are not create an account in FY 2008. generated from PDUFA fees were satisfied that the data on the order is Enter your existing account ID and established by PDUFA IV, with accurate, electronically transmit that password to log into FURLS. From the provisions for certain adjustments. Fee data to FDA according to instructions on FURLS/FDA Industry Systems menu, revenue amounts for applications, the screen. Print a copy of the final there will be a button that you will click establishments, and products are to be DFUF order and note the unique PIN to go to the Device Registration and established each year by FDA so that

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one-third of the PDUFA fee revenues category will provide one-third of the Amendments of 2002 (PDUFA III) FDA collects each year will be generated total revenue to be collected each year. provided that fee revenue amounts, after from each of these categories. This This notice uses the fee base revenue they had been adjusted for inflation, notice establishes fee rates for FY 2009 amount for FY 2008 published on should be further adjusted to reflect for application fees for an application October 12, 2007 (72 FR 58103), adjusts changes in workload for the process for requiring clinical data ($1,247,200), for it for the 2009 drug safety increase (see the review of human drug applications an application not requiring clinical section 736(b)(4) of the act), for (see section 736(c)(2) of the act). The data or a supplement requiring clinical inflation, and for workload, and then conference report accompanying data ($623,600), for establishment fees establishes the application, PDUFA III, House of Representatives ($425,600), and for product fees establishment, and product fees for FY Report number 107–481, provides ($71,520). These fees are effective on 2009. These fees are effective on guidance on how the workload October 1, 2008, and will remain in October 1, 2008, and will remain in adjustment provision of PDUFA III is to effect through September 30, 2009. For effect through September 30, 2009. be implemented. Following that applications and supplements that are II. Fee Revenue Amount for FY 2009 guidance, FDA calculated the average submitted on or after October 1, 2008, number of each of the four types of the new fee schedule must be used. The total fee revenue amount for FY submissions specified in the workload Invoices for establishment and product 2009 is $510,665,000, based on the fee adjustment provision (human drug fees for FY 2009 will be issued in revenue amount specified in the statute, applications, commercial INDs, efficacy August 2008, using the new fee including additional fee funding for supplements, and manufacturing schedule. drug safety and adjustments for inflation supplements) received over the 5-year FOR FURTHER INFORMATION CONTACT: and changes in workload. The statutory period that ended on June 30, 2002 David Miller, Office of Financial amount and a one-time base adjustment (base years), and the average number of Management (HFA–100), Food and Drug are described in section II.A and II.B of each of these types of applications over Administration, 5600 Fishers Lane, this document. The adjustment for the most recent 5-year period that ended Rockville, MD 20857, 301–827–3917. inflation is described in section II.C, and June 30, 2007. PDUFA IV directs that SUPPLEMENTARY INFORMATION: the adjustment for changes in workload this same method be used in making the in section II.D. I. Background workload adjustment apply to the 2008 A. FY 2009 Statutory Fee Revenue statutory revenue amount, except that Sections 735 and 736 of the act (21 Amounts Before Adjustments for this calculation the number of U.S.C. 379g and 379h), establish three commercial INDs with a submission in PDUFA IV specifies that the fee different kinds of user fees. Fees are the previous 12 months is used for each revenue amount before adjustments for assessed on the following: (1) Certain 12-month period rather than the number FY 2009 for all fees is $427,783,000 types of applications and supplements of new commercial INDs submitted (see ($392,783,000 specified in section for approval of drug and biological section 736(b) of the act, as amended by 736(b)(1) of the act, plus an additional products, (2) certain establishments PDUFA IV). where such products are made, and (3) $35,000,000 for drug safety in FY 2009 certain products (section 736(a) of the specified in section 736(b)(4) of the act). The results of these calculations are act). When certain conditions are met, presented in Columns 1 and 2 of Table B. Base Adjustment to Statutory Fee 1 of this document. Column 3 reflects FDA may waive or reduce fees (section Revenue Amount 736(d) of the act). the percent change in workload over the For FY 2008 through FY 2012, the The statute also specifies that two 5-year periods. Column 4 shows the base revenue amounts for the total $354,893,000 of the base amount is to be weighting factor for each type of revenues from all PDUFA fees are further adjusted for workload increases application, estimating how much of the established by PDUFA IV. The base through FY 2007 (see section total FDA drug review workload was revenue amount for FY 2008 is to be 736(b)(1)(B) of the act). The adjustment accounted for by each type of adjusted for workload, and that adjusted on this amount is to be made in application in the table during the most amount becomes the base amount for accordance with the workload recent 5 years. Column 5 of Table 1 of the remaining 4 fiscal years. That adjustment provisions that were in this document is the weighted percent adjusted base revenue amount is effect for FY 2007, except that the change in each category of workload. increased for drug safety enhancements adjustment for investigational new drug This was derived by multiplying the by $10,000,000 in each of the (IND) workload is based on the number weighting factor in each line in Column subsequent 4 fiscal years, and the of INDs with a submission in the 4 by the percent change from the base increased total is further adjusted each previous 12 months, rather than on the years in Column 3. At the bottom right year for inflation and workload. Fees for number of new commercial INDs of the table the sum of the values in applications, establishments, and submitted in the same 12-month period. Column 5 is added, reflecting a total products are to be established each year For each fiscal year beginning in FY increase in workload of 11.73 percent by FDA so that revenues from each 2004, the Prescription Drug User Fee when compared to the base years.

TABLE 1—SUMMARY WORKLOAD ADJUSTER CALCULATION TO BE APPLIED TO FY 2009 STATUTORY BASE

Column 1 Column 2 Application Type 5-Year Average Latest 5-Year Column 3 Column 4 Column 5 Base Years Average Percent Change Weighting Factor Weighted % Change

New drug applications (NDAs)/biologics license applications (BLAs) 119.6 123.8 3.5% 35 .2% 1 .24%

Active INDs 4751.8 5528 .2 16 .3% 44 .2% 7 .22%

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TABLE 1—SUMMARY WORKLOAD ADJUSTER CALCULATION TO BE APPLIED TO FY 2009 STATUTORY BASE—Continued

Column 1 Column 2 Application Type 5-Year Average Latest 5-Year Column 3 Column 4 Column 5 Base Years Average Percent Change Weighting Factor Weighted % Change

Efficacy supplements 159.2 163.4 2 .6% 7.4% 0.20%

Manufacturing supplements 2100.6 2589 .2 23 .3% 13 .2% 3 .07%

FY 2008 workload adjuster to be applied to the statutory base 11 .73%

Increasing the PDUFA IV statutorily fiscal year for Federal employees stationed in the Washington, DC specified amount of $354,893,000 by the stationed in the Washington, DC metropolitan area. This figure is specified workload adjuster (11.73 metropolitan area; or (3) the average published by the Office of Personnel percent) results in an increase of annual change in cost, per full time Management, and found on their Web $41,629,000, rounded to the nearest equivalent (FTE) FDA position, of all site, http://www.opm.gov/oca/08tables/ thousand dollars. Adding this amount to personnel compensation and benefits html/dcb.asp, above the salary table. For the $427,783,000 statutorily specified paid for the first 5 of the previous 6 FY 2008 it was 4.49 percent. amount from section II.A of this fiscal years. PDUFA IV provides for this document, results in a total adjusted annual adjustment to be cumulative and The third factor is the average change PDUFA IV base revenue amount of compounded annually after FY 2008 in FDA cost for compensation and $469,412,000, before further adjustment (see section 736(c)(1) of the act). benefits per FTE over the previous 5 of for inflation and changes in workload The first factor is the CPI increase for the most recent 6 fiscal years (FY 2002 after FY 2007. the 12-month period ending in June through FY 2007). The data on total 2008. The CPI for June 2008 was compensation paid and number of FTEs C. Inflation Adjustment to FY 2009 Fee 218.815, and the CPI for June 2007 was paid, from which the average cost per Revenue Amount 208.352. (These CPI figures are available FTE can be derived, are published in PDUFA IV provides that fee revenue on the Bureau of Labor statistics Web FDA’s Justification of Estimates for amounts for each fiscal year after 2008 site, http://data.bls.gov/cgi-bin/ Appropriations Committees. Table 2 of shall be adjusted for inflation. The surveymost?bls by checking the first box this document summarizes that actual adjustment must reflect the greater of: under ‘‘Price Indexes’’ and then clicking cost and FTE use data for the specified (1) The total percentage change that ‘‘Retrieve Data’’ at the bottom of the fiscal years, and provides the percent occurred in the Consumer Price Index page.) The CPI for June 2008 is 5.05 change from the previous fiscal year and (CPI) (all items; U.S. city average) percent higher than the CPI for the the average percent change over the during the 12-month period ending June previous 12-month period. most 5 recent fiscal years, which is 5.64 30 preceding the fiscal year for which The second factor is the increase in fees are being set; (2) the total pay for the previous fiscal year (FY 2008 percent. percentage pay change for the previous in this case) for Federal employees

TABLE 2—FDA PERSONNEL COMPENSATION AND BENEFITS (PC&B) EACH YEAR AND PERCENT CHANGE ($000)

Annual Aver- age Increase Fiscal Year 2003 2004 2005 2006 2007 for Latest 5 Years

Total PC&B $971,255 $1,042,749 $1,077,604 $1,114,704 $1,144,369

Total FTEs 10257 10141 9910 9698 9569

PC&B per FTE $94.692 $102.825 $108.739 $114,942 $119.591

% Change from Previous Year 4.09% 8.59% 5.75% 5.70% 4.05% 5.64%

Because the average change in pay per D. Workload Adjustment to the FY 2009 review activity. PDUFA IV also specifies FTE (5.64 percent) is the highest of the Inflation Adjusted Fee Revenue Amount that for FY 2009 the additional three factors, it becomes the inflation adjustment for changes in review adjustment for total fee revenue for FY For each fiscal year beginning in FY activity may not result in a total 2009. Increasing the FY 2009 fee 2009, PDUFA IV provides that fee workload adjustment that is more than revenue base of $469,412,000 by 5.64 revenue amounts, after they have been 2 percentage points higher than it would percent yields an inflation-adjusted fee adjusted for inflation, shall be further have been in the absence of the revenue amount for FY 2009 of adjusted to reflect changes in workload adjustment for changes in review $495,887,000, rounded to the nearest for the process for the review of human workload (see section 736(c)(2)(B) of the thousand dollars, before addition of the drug applications (see section 736(c)(2) act). FY 2009 workload adjustment. of the act). PDUFA IV continues the Therefore, FDA will first calculate the PDUFA III workload adjustment with FY 2009 workload adjustment without modifications, and provides for a new the PDUFA IV adjustment for changes in additional adjustment for changes in review activity. Then FDA will apply

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the adjustment for changes in review FDA calculated the average number of 2008). Column 3 reflects the percent activity, to determine if the total each of the four types of applications change in workload from Column 1 to workload adjustment is no more than 2 specified in the workload adjustment Column 2. Column 4 shows the percentage points higher than it would provision: (1) Human drug applications, weighting factor for each type of have been in the absence of the (2) active commercial investigational application, estimating how much of the adjustment for changes in review new drug applications (applications that total FDA drug review workload was activity. have at least one submission during the accounted for by each type of previous 12 months), (3) efficacy application in the table during the most In calculating the FY 2009 workload supplements, and (4) manufacturing recent 5 years. Column 5 of Table 1 is adjustment without the PDUFA IV supplements received over the 5-year the weighted percent change in each adjustment for changes in review period that ended on June 30, 2007 category of workload. This was derived activity, FDA will follow the guidance (base years), and the average number of by multiplying the weighting factor in provided in the conference report each of these types of applications over each line in Column 4 by the percent accompanying the Prescription Drug the most recent 5-year period that ended change from the base years in Column User Fee Amendments of 2002, House June 30, 2008. 3. At the bottom right of Table 3 of this of Representatives Report number 107– The calculations are summarized in document is the sum of the values in 481, using active commercial INDs Table 3 of this document. The 5-year Column 5 that are added, reflecting an rather than newly submitted averages for each application category increase in workload of 2.98 percent for commercial INDs as the surrogate for are provided in Column 1 (5-Year FY 2009 when compared to the base IND workload, as specified by PDUFA Average Base Years 2002–2007) and years, but before taking into account the IV. Column 2 (Latest 5-Year Average 2003– impact of change in review activity.

TABLE 3—PRELIMINARY WORKLOAD ADJUSTER CALCULATION FOR FY 2009 WITHOUT ADJUSTMENT FOR CHANGES IN REVIEW ACTIVITY

Column 1 Column 2 5-Year Average Latest 5-Year Column 3 Column 4 Column 5 Application Type Base Years 2002– Average 2003– Percent Change Weighting Factor Weighted % Change 2007 2008

NDAs/BLAs 123.8 128.4 3.7% 33 .3% 1 .24%

Active commercial INDs 5755 .8 5897.6 2.5% 45 .2% 1 .11%

Efficacy supplements 163.4 173.0 5 .9% 8.3% 0.49%

Manufacturing supplements 2589.2 2616 .2 1 .0% 13 .2% 0.14%

FY 2009 workload adjuster without adjustment changes for review activity 2.98%

PDUFA IV specifies that FDA make is the percent by which the average protocol assessments for active additional adjustments for changes in workload for meetings, annual reports, commercial INDs has changed from the review activities to the first two and labeling supplements for NDAs and 5-year period 2002 through 2007 to the categories (human drug applications BLAs has changed from the 5-year 5-year period 2003 through 2008. There and active commercial INDs). These period 2002 through 2007 to the 5-year is no entry in the last two lines of adjustments, specified under PDUFA IV, period 2003 through 2008. Likewise, the column 2b because the adjustment for are summarized in the new Columns 2b number in the active commercial INDs changes in review workload does not and 2c in Table 4 of this document. The line of Column 2b of Table 4 of this apply to the workload for efficacy number in the NDAs/BLAs line of document is the percent by which the supplements and manufacturing Column 2b of Table 4 of this document workload for meetings and special supplements.

TABLE 4—FINAL WORKLOAD ADJUSTER CALCULATION FOR FY 2009 WITH ADJUSTMENT FOR CHANGES IN REVIEW ACTIVITY1

Column 1 Column 3 % 5-Year Aver- Column 2a Column 2b Column 2c Change Column 4 Column 5 Application Type age Base Latest 5-Year Adjustment for is Column 2a Ad- (Column 1 to Weighting Weighted % Years 2002– Average Changes in Re- justed by Column Column 2c or Factor Change 2007 2003–2008 view Activity 2b 2a)

NDAs/BLAs 123.8 128.4 -0.55% 127.7 3.1% 33 .3% 1 .05

Active commer- cial INDs 5755.8 5897 .6 +0 .39% 5920.6 2.9% 45.2% 1.31

Efficacy supple- ments 163.4 173.0 NA 173 .3 5 .9% 8.3% 0 .49%

Manufacturing supplements 2589.2 2516 .2 NA 2616.2 1.0% 13.2% 0.14%

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TABLE 4—FINAL WORKLOAD ADJUSTER CALCULATION FOR FY 2009 WITH ADJUSTMENT FOR CHANGES IN REVIEW ACTIVITY1—Continued

Column 1 Column 3 % 5-Year Aver- Column 2a Column 2b Column 2c Change Column 4 Column 5 Application Type age Base Latest 5-Year Adjustment for is Column 2a Ad- (Column 1 to Weighting Weighted % Years 2002– Average Changes in Re- justed by Column Column 2c or Factor Change 2007 2003–2008 view Activity 2b 2a)

FY 2009 workload adjuster with adjustment changes for review activity 2.98% 1 Numbers may not add due to rounding.

The 2009 workload adjuster with III. Application Fee Calculations For FY 2008, FDA is estimating the adjustment for changes in review number of fee-paying FAEs for the full A. Application Fee Revenues and year based on the actual count for the activity at the bottom of Table 4 of this Application Fees document is 2.98 percent exactly the first 9 months and estimating the same as the workload adjuster without Application fees will be set to number for the final 3 months, as we those changes at the bottom of Table 3 generate one-third of the total fee have done for the past 6 years. of this document. Therefore the revenue amount, or $170,222,000, Table 5 of this document shows, in inflation-adjusted revenue amount of rounded to the nearest thousand dollars, Column 1, the total number of each type $495,887,000 from section II.B of this in FY 2009, as calculated in section II.D of FAE received in the first 9 months of document will be multiplied by the of this document. FY 2008, whether fees were paid or not. Column 2 shows the number of FAEs for 2009 workload adjuster of 2.98 percent, B. Estimate of Number of Fee-Paying which fees were waived or exempted resulting in a total adjusted revenue Applications and Establishment of during this period, and Column 3 shows amount in FY 2009 of $510,665,000, Application Fees the number of fee-paying FAEs received rounded to the nearest thousand dollars. For FY 2008 through FY 2012, FDA through June 30, 2008. Column 4 PDUFA specifies that one-third of the will estimate the total number of fee- estimates the 12-month total fee-paying total fee revenue is to be derived from paying full application equivalents FAEs for FY 2008 based on the application fees, one-third from (FAEs) it expects to receive the next applications received through June 30, establishment fees, and one-third from fiscal year by averaging the number of 2008. All of the counts are in FAEs. A product fees (see section 736(b)(2) of the fee-paying FAEs received in the 5 most full application requiring clinical data act). Accordingly, one-third of the total recent fiscal years. This use of the counts as one FAE. An application not revenue amount, or $ 170,222,000, rolling average of the 5 most recent requiring clinical data counts as one- rounded to the nearest thousand dollars, fiscal years is the same method that has half an FAE, as does a supplement is the total amount of fee revenue that applied for the last 6 years. requiring clinical data. An application will be derived from each of these fee In estimating the number of fee- that is withdrawn, or refused for filing, categories. paying FAEs that FDA will receive in counts as one-fourth of an FAE if the FY 2009, the 5-year rolling average for applicant initially paid a full the most recent 5 years will be based on application fee, or one-eighth of an FAE actual counts of fee-paying FAEs if the applicant initially paid one-half of received for FY 2004 through FY 2008. the full application fee amount.

TABLE 5—FY 2008 FULL APPLICATION EQUIVALENTS RECEIVED THROUGH JUNE 30, 2008, AND PROJECTED THROUGH SEPTEMBER 30, 2008

Column 1 Column 2 Column 3 Total Received Fee Exempt or Total Fee Paying Column 4 Application or Action Through Waived Through Through 12-Month Fee- 6/30/2008 6/30/2008 6/30/2008 Paying Projection

Applications requiring clinical data 102.3 40 .3 62 .0 82.7

Applications not requiring clinical data 11 .1 4.1 7.0 9.3

Supplements requiring clinical data 45 .0 6 .0 39 .0 52 .0

Withdrawn or refused to file 0.5 0 0 .5 0 .7

Total 158.9 50.4 108.5 144.7

In the first 9 months of FY 2008, FDA 108.5 by 3 and multiplying by 4 received annually in the most recent 5- received 158.9 FAEs, of which 108.5 extrapolates the amount to the full 12 year period, and including our estimate were fee-paying. Based on data from the months of the fiscal year and projects for FY 2008, is 136.5 FAEs. FDA will set last 9 fiscal years, on average, 25 percent the number of fee-paying FAEs in FY fees for FY 2009 based on this estimate of the applications submitted each year 2008 at 144.7. as the number of FAEs that will pay come in the final 3 months. Dividing As Table 6 of this document shows, fees. the average number of fee-paying FAEs

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TABLE 6—FEE-PAYING FULL APPLICATION EQUIVALENT—5-YEAR AVERAGE

5-Year Fiscal Year 2004 2005 2006 2007 2008 Average

Fee-Paying FAEs 145.1 121.5 136.7 134.4 144.7 136.5

The FY 2009 application fee is about 40 waivers and reductions Wachovia Bank, Attn: Food and Drug estimated by dividing the average granted, the same amount estimated last Administration Lockbox 70963, 1525 number of full applications that paid year. In addition, FDA estimates that West WT Harris Blvd., rm. NC0810, fees over the latest 5 years, 136.5, into another 30 product fees will be Charlotte, NC 28262. (Note: This the fee revenue amount to be derived exempted this year based on the orphan Wachovia Bank address is for courier from application fees in FY 2009, drug exemption in FDAAA (see section delivery only.) $170,222,000. The result, rounded to the 736(k) of the act). FDA estimates that Please make sure that the FDA post nearest $100, is a fee of $1,247,200 per 2,380 products will qualify for product office box number (P.O. Box 70963) is full application requiring clinical data, fees in FY 2008, after allowing for written on the check. The tax and $623,600 per application not waivers and reductions, including the identification number of the Food and requiring clinical data or per orphan drug products eligible under the Drug Administration is 53–0196965. supplement requiring clinical data. FDAAA exemption, and will use this Wire transfer payment may also be number for its FY 2009 estimate. used. The routing and transit number is IV. Fee Calculations for Establishment Accordingly, the FY 2009 product fee 021030004 and the account number is and Product Fees rate is determined by dividing the 75060099. A. Establishment Fees adjusted total fee revenue to be derived B. Establishment and Product Fees At the beginning of FY 2008, the from product fees ($170,222,000) by the estimated 2,380 products for a FY 2009 FDA will issue invoices for establishment fee was based on an establishment and product fees for FY estimate that 390 establishments would product fee of $71,520 (rounded to the nearest $10). 2009 under the new fee schedule in be subject to, and would pay, fees. By August 2008. Payment will be due on the end of FY 2008, FDA estimates that V. Fee Schedule for FY 2009 October 1, 2008. FDA will issue 435 establishments will have been The fee rates for FY 2009 are set out invoices in November 2009 for any billed for establishment fees, before all in Table 7 of this document. products and establishments subject to decisions on requests for waivers or fees for FY 2009 that qualify for fees reductions are made. As in previous TABLE 7 after the August 2008 billing. years, FDA again estimates that a total Dated: July 28, 2008. of 25 establishment fee waivers or Fee Rates for reductions will be made for FY 2008. In Fee Category FY 2009 Jeffrey Shuren, addition, FDA estimates that another 10 Associate Commissioner for Policy and full establishment fees will be exempted APPLICATIONS Planning. this year based on the orphan drug Requiring clinical data $1,247,200 [FR Doc. E8–17738 Filed 7–31–08; 8:45 am] exemption in the Food and Drug Not requiring clinical data $623,600 BILLING CODE 4160–01–S Administration Amendments Act of Supplements requiring $623,600 2007 (FDAAA) (see section 736(k) of the clinical data act). Subtracting 35 establishments (25 DEPARTMENT OF HEALTH AND plus the estimated 10 establishments ESTABLISHMENTS $425,600 HUMAN SERVICES under the orphan exemption) from 435 leaves a net of 400 fee-paying PRODUCTS $71,520 National Institutes of Health establishments. FDA will use 400 for its National Institute on Alcohol Abuse VI. Implementation of Adjusted Fee FY 2009 estimate of establishments and Alcoholism; Notice of Meeting paying fees, after taking waivers and Schedule reductions into account. The fee per A. Application Fees Pursuant to section 10(d) of the establishment is determined by dividing Federal Advisory Committee Act, as the adjusted total fee revenue to be The appropriate application fee amended (5 U.S.C. Appendix 2), notice derived from establishments established in the new fee schedule is hereby given of a meeting of the ($170,222,000) by the estimated 400 must be paid for any application or National Advisory Council on Alcohol establishments, for an establishment fee supplement subject to fees under Abuse and Alcoholism. rate for FY 2009 of $425,600 (rounded PDUFA that is received after September The meeting will be open to the to the nearest $100). 30, 2008. Payment must be made in U.S. public as indicated below, with currency by check, bank draft, or U.S. attendance limited to space available. B. Product Fees postal money order payable to the order Individuals who plan to attend and At the beginning of FY 2008, the of the Food and Drug Administration. need special assistance, such as sign product fee was based on an estimate Please include the user fee ID number language interpretation or other that 2,355 products would be subject to, on your check. Your payment can be reasonable accommodations, should and would pay, product fees. By the end mailed to: Food and Drug notify the Contact Person listed below of FY 2008, FDA estimates that 2,450 Administration, P.O. Box 70963, in advance of the meeting. products will have been billed for Charlotte, NC 28272–0963. The meeting will be closed to the product fees, before all decisions on If checks are to be sent by a courier public in accordance with the requests for waivers or reductions are that requests a street address, the provisions set forth in sections made. FDA assumes that there will be courier can deliver the checks to: 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

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as amended. The grant applications and language interpretation or other is hereby given of the following the discussions could disclose reasonable accommodations, should meetings. confidential trade secrets or commercial notify the Contact Person listed below The meetings will be closed to the property such as patentable material, in advance of the meeting. public in accordance with the and personal information concerning The meeting will be closed to the provisions set forth in sections individuals associated with the grant public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications, the disclosure of which provisions set forth in sections as amended. The grant applications and would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. the discussions could disclose as amended. The grant applications confidential trade secrets or commercial Name of Committee: National Advisory and/or contract proposals and the property such as patentable material, Council on Alcohol Abuse and Alcoholism. discussions could disclose confidential and personal information concerning Date: September 17–18, 2008. trade secrets or commercial property individuals associated with the grant Closed: September 17, 2008, 5:30 p.m. to such as patentable material, and applications, the disclosure of which 7:30 p.m. personal information concerning Agenda: To review and evaluate grant individuals associated with the grant would constitute a clearly unwarranted applications. invasion of personal privacy. Place: National Institutes of Health, 5635 applications and/or contract proposals, Fishers Lane, Bethesda, MD 20892. the disclosure of which would Name of Committee: National Eye Institute Open: September 18, 2008, 9 a.m. to 3:30 constitute a clearly unwarranted Special Emphasis Panel; K08, K23, K99–NEI p.m. invasion of personal privacy. Research Training Applications. Agenda: Program reports and Name of Committee: National Advisory Date: August 8, 2008. presentations. Council for Biomedical Imaging and Time: 8:30 a.m. to 5 p.m. Place: National Institutes of Health, 5635 Bioengineering; NACBIB September 2008. Agenda: To review and evaluate grant Fishers Lane, Bethesda, MD 20892. applications. Contact Person: Abraham P. Bautista, PhD, Date: September 16, 2008. Place: Hyatt Regency Bethesda, One Executive Secretary, National Institute on Open: 9 a.m. to 12:30 p.m. Alcohol Abuse & Alcoholism, National Agenda: Report from the Institute Director, Bethesda Metro Center, 7400 Wisconsin Institutes of Health, 5635 Fishers Lane, Rm other Institute staff and presentations of Avenue, Bethesda, MD 20814. 3039, Rockville, MD 20852, 301–443–9737, working group reports. Contact Person: Samuel Rawlings, PhD, [email protected]. Place: Bethesda Marriott Suites, 6711 Chief, Scientific Review Branch, Division Of Information is also available on the Democracy Boulevard, Bethesda, MD 20817. Extramural Research, National Eye Institute, Closed: 1:30 p.m. to 4:30 p.m. Institute’s/Center’s home page: http:// 5635 Fishers Lane, Suite 1300 Msc 9300, Agenda: To review and evaluate grant silk.nih.gov/silk/niaaa1/about/roster.htm, Bethesda, MD 20892–9300, 301–451–2020, where an agenda and any additional applications and/or proposals. Place: Bethesda Marriott Suites, 6711 [email protected]. information for the meeting will be posted This notice is being published less than 15 when available. Democracy Boulevard, Bethesda, MD 20817. Contact Person: Anthony Demsey, PhD, days prior to the meeting due to the timing (Catalogue of Federal Domestic Assistance Director, National Institute of Biomedical limitations imposed by the review and Program Nos. 93.271, Alcohol Research Imaging and Bioengineering, 6701 funding cycle. Career Development Awards for Scientists Democracy Blvd., Room 241, Bethesda, MD and Clinicians; 93.272, Alcohol National Name of Committee: National Eye Institute 20892. Research Service Awards for Research Special Emphasis Panel; NEI Conference Any interested person may file written Training; 93.273, Alcohol Research Programs; Grant Review. comments with the committee by forwarding 93.891, Alcohol Research Center Grants, the statement to the Contact Person listed on Date: August 26, 2008. National Institutes of Health, HHS) this notice. The statement should include the Time: 12 p.m. to 2 p.m. Dated: July 25, 2008. name, address, telephone number and when Agenda: To review and evaluate grant Jennifer Spaeth, applicable, the business or professional applications. Director, Office of Federal Advisory affiliation of the interested person. Place: National Institutes of Health, 5635 Committee Policy. Information is also available on the Fishers Lane, Bethesda, MD 20892 Institute’s/Center’s home page: http:// [FR Doc. E8–17583 Filed 7–31–08; 8:45 am] (Telephone Conference Call). www.nibib1.nih.gov/about/NACBIB/ Contact Person: Samuel Rawlings, PhD, BILLING CODE 4140–01–M NACBIB.htm, where an agenda and any Chief, Scientific Review Branch, Division Of additional information for the meeting will Extramural Research, National Eye Institute, be posted when available. DEPARTMENT OF HEALTH AND 5635 Fishers Lane, Suite 1300 Msc 9300, Dated: July 25, 2008. HUMAN SERVICES Bethesda, MD 20892–9300, 301–451–2020, Jennifer Spaeth, [email protected]. National Institutes of Health Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.867, Vision Research, National Institute of Biomedical [FR Doc. E8–17586 Filed 7–31–08; 8:45 am] National Institutes of Health, HHS) Imaging and Bioengineering; Notice of BILLING CODE 4140–01–M Dated: July 25, 2008. Meeting Jennifer Spaeth, Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Federal Advisory Committee Act, as HUMAN SERVICES Committee Policy. amended (5 U.S.C. Appendix 2), notice [FR Doc. E8–17584 Filed 7–31–08; 8:45 am] is hereby given of a meeting of the National Institutes of Health National Advisory Council for BILLING CODE 4140–01–M Biomedical Imaging and Bioengineering. National Eye Institute; Notice of Closed The meeting will be open to the Meetings public as indicated below, with attendance limited to space available. Pursuant to section 10(d) of the Individuals who plan to attend and Federal Advisory Committee Act, as need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice

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DEPARTMENT OF HEALTH AND certification, a laboratory must 361–8989/800–433–3823, (Formerly: HUMAN SERVICES participate in a quarterly performance Laboratory Specialists, Inc.). testing program plus undergo periodic, Kroll Laboratory Specialists, Inc., 450 Substance Abuse and Mental Health on-site inspections. Southlake Blvd., Richmond, VA Services Administration Laboratories which claim to be in the 23236, 804–378–9130, (Formerly: applicant stage of certification are not to Scientific Testing Laboratories, Inc.; Current List of Laboratories Which be considered as meeting the minimum Kroll Scientific Testing Laboratories, Meet Minimum Standards To Engage in requirements described in the HHS Inc.). Urine Drug Testing for Federal Mandatory Guidelines. A laboratory Laboratory Corporation of America Agencies must have its letter of certification from Holdings, 7207 N. Gessner Road, AGENCY: Substance Abuse and Mental HHS/SAMHSA (formerly: HHS/NIDA) Houston, TX 77040, 713–856–8288/ Health Services Administration, HHS. which attests that it has met minimum 800–800–2387. Laboratory Corporation of America ACTION: Notice. standards. In accordance with Subpart C of the Holdings, 69 First Ave., Raritan, NJ SUMMARY: The Department of Health and Mandatory Guidelines dated April 13, 08869, 908–526–2400/800–437–4986, Human Services (HHS) notifies Federal 2004 (69 FR 19644), the following (Formerly: Roche Biomedical agencies of the laboratories currently laboratories meet the minimum Laboratories, Inc.). certified to meet the standards of standards to conduct drug and specimen Laboratory Corporation of America Subpart C of the Mandatory Guidelines validity tests on urine specimens: Holdings, 1904 Alexander Drive, Research Triangle Park, NC 27709, for Federal Workplace Drug Testing ACL Laboratories, 8901 W. Lincoln 919–572–6900/800–833–3984, Programs (Mandatory Guidelines). The Ave., West Allis, WI 53227, 414–328– (Formerly: LabCorp Occupational Mandatory Guidelines were first 7840/800–877–7016, (Formerly: Testing Services, Inc., CompuChem published in the Federal Register on Bayshore Clinical Laboratory). Laboratories, Inc.; CompuChem April 11, 1988 (53 FR 11970), and ACM Medical Laboratory, Inc., 160 Laboratories, Inc., A Subsidiary of subsequently revised in the Federal Elmgrove Park, Rochester, NY 14624, Roche Biomedical Laboratory; Roche Register on June 9, 1994 (59 FR 29908), 585–429–2264. CompuChem Laboratories, Inc., A on September 30, 1997 (62 FR 51118), Advanced Toxicology Network, 3560 Member of the Roche Group), and on April 13, 2004 (69 FR 19644). Air Center Cove, Suite 101, Memphis, A notice listing all currently certified Laboratory Corporation of America TN 38118, 901–794–5770/888–290– Holdings, 13112 Evening Creek Drive, laboratories is published in the Federal 1150. Register during the first week of each Suite 100, San Diego, CA 92128, 858– Aegis Sciences Corporation, 345 Hill 668–3710/800–882–7272, (Formerly: month. If any laboratory’s certification Ave., Nashville, TN 37210, 615–255– is suspended or revoked, the laboratory Poisonlab, Inc.) 2400, (Formerly: Aegis Analytical Laboratory Corporation of America will be omitted from subsequent lists Laboratories, Inc.). until such time as it is restored to full Holdings, 550 17th Ave., Suite 300, Baptist Medical Center-Toxicology Seattle, WA 98122, 206–923–7020/ certification under the Mandatory Laboratory, 9601 I–630, Exit 7, Little Guidelines. 800–898–0180, (Formerly: DrugProof, Rock, AR 72205–7299, 501–202–2783, Division of Dynacare/Laboratory of If any laboratory has withdrawn from (Formerly: Forensic Toxicology the HHS National Laboratory Pathology, LLC; Laboratory of Laboratory Baptist Medical Center). Pathology of Seattle, Inc.; DrugProof, Certification Program (NLCP) during the Clinical Reference Lab, 8433 Quivira past month, it will be listed at the end, Division of Laboratory of Pathology of Road, Lenexa, KS 66215–2802, 800– Seattle, Inc.) and will be omitted from the monthly 445–6917. listing thereafter. Laboratory Corporation of America Diagnostic Services, Inc., dba DSI, Holdings, 1120 Main Street, This notice is also available on the 12700 Westlinks Drive, Fort Myers, Internet at Southaven, MS 38671, 866–827–8042/ FL 33913, 239–561–8200/800–735– 800–233–6339, (Formerly: LabCorp http://www.workplace.samhsa.gov and 5416. http://www.drugfreeworkplace.gov. Occupational Testing Services, Inc.; Doctors Laboratory, Inc., 2906 Julia MedExpress/National Laboratory FOR FURTHER INFORMATION CONTACT: Mrs. Drive, Valdosta, GA 31602, 229–671– Center.) Giselle Hersh, Division of Workplace 2281. LabOne, Inc. d/b/a Quest Diagnostics, Programs, SAMHSA/CSAP, Room 2– DrugScan, Inc., P.O. Box 2969, 1119 10101 Renner Blvd., Lenexa, KS 1042, One Choke Cherry Road, Mearns Road, Warminster, PA 18974, 66219, 913–888–3927/800–873–8845, Rockville, Maryland 20857; 240–276– 215–674–9310. (Formerly: Quest Diagnostics 2600 (voice), 240–276–2610 (fax). DynaLIFE Dx,* 10150–102 St., Suite Incorporated; LabOne, Inc.; Center for SUPPLEMENTARY INFORMATION: The 200, Edmonton, Alberta, Canada T5J Laboratory Services, a Division of Mandatory Guidelines were developed 5E2, 780–451–3702/800–661–9876, LabOne, Inc.) in accordance with Executive Order (Formerly: Dynacare Kasper Medical MAXXAM Analytics Inc.,* 6740 12564 and section 503 of Public Law Laboratories). Campobello Road, Mississauga, ON, 100–71. Subpart C of the Mandatory ElSohly Laboratories, Inc., 5 Industrial Canada L5N 2L8, 905–817–5700 Guidelines, ‘‘Certification of Park Drive, Oxford, MS 38655, 662– (Formerly: NOVAMANN (Ontario), Laboratories Engaged in Urine Drug 236–2609. Inc.) Testing for Federal Agencies,’’ sets strict Gamma-Dynacare Medical MedTox Laboratories, Inc., 402 W. standards that laboratories must meet in Laboratories,* A Division of the County Road D, St. Paul, MN 55112, order to conduct drug and specimen Gamma-Dynacare Laboratory 651–636–7466/800–832–3244. validity tests on urine specimens for Partnership, 245 Pall Mall Street, MetroLab-Legacy Laboratory Services, Federal agencies. To become certified, London, ONT, Canada N6A 1P4, 519– 1225 NE 2nd Ave., Portland, OR an applicant laboratory must undergo 679–1630. 97232, 503–413–5295/800–950–5295. three rounds of performance testing plus Kroll Laboratory Specialists, Inc., 1111 Minneapolis Veterans Affairs Medical an on-site inspection. To maintain that Newton St., Gretna, LA 70053, 504– Center, Forensic Toxicology

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Laboratory, 1 Veterans Drive, Toxicology Testing Service, Inc., 5426 information collection request 1670– Minneapolis, MN 55417, 612–725– NW. 79th Ave., Miami, FL 33166, NEW, CAPTAP Train the Trainer 2088. 305–593–2260. Survey. As required by the Paperwork National Toxicology Laboratories, Inc., US Army Forensic Toxicology Drug Reduction Act of 1995, (Pub. L. 104–13, 1100 California Ave., Bakersfield, CA Testing Laboratory, 2490 Wilson St., 44 U.S.C. chapter 35) as amended by the 93304, 661–322–4250/800–350–3515. Fort George G. Meade, MD 20755– Clinger-Cohen Act (Pub. L. 104–106), One Source Toxicology Laboratory, Inc., 5235, 301–677–7085. DHS is soliciting comments for this 1213 Genoa-Red Bluff, Pasadena, TX * The Standards Council of Canada collection. 77504, 888–747–3774, (Formerly: (SCC) voted to end its Laboratory DATES: Comments are encouraged and University of Texas Medical Branch, Accreditation Program for Substance will be accepted until September 30, Clinical Chemistry Division; UTMB Abuse (LAPSA) effective May 12, 1998. 2008. This process is conducted in Pathology-Toxicology Laboratory). Laboratories certified through that accordance with 5 CFR 1320.1. Oregon Medical Laboratories, 123 program were accredited to conduct ADDRESSES: Interested persons are International Way, Springfield, OR forensic urine drug testing as required 97477, 541–341–8092. invited to submit written comments on by U.S. Department of Transportation the proposed information collection to Pacific Toxicology Laboratories, 9348 (DOT) regulations. As of that date, the DeSoto Ave., Chatsworth, CA 91311, Department of Homeland Security, certification of those accredited National Protection and Programs 800–328–6942, (Formerly: Centinela Canadian laboratories will continue Hospital Airport Toxicology Directorate, Infrastructure Protection, under DOT authority. The responsibility Infrastructure Information Collection Laboratory). for conducting quarterly performance Pathology Associates Medical Division, Attn: Veronica Heller, Team testing plus periodic on-site inspections Lead, Planning and Policy Integration, Laboratories, 110 West Cliff Dr., of those LAPSA-accredited laboratories Spokane, WA 99204, 509–755–8991/ Ballston One, 4601 N. Fairfax Dr., 5th was transferred to the U.S. HHS, with Floor, Arlington, VA 22203. 800–541–7891x7. the HHS’ NLCP contractor continuing to FOR FURTHER INFORMATION CONTACT: Phamatech, Inc., 10151 Barnes Canyon have an active role in the performance Department of Homeland Security, Road, San Diego, CA 92121, 858–643– testing and laboratory inspection National Protection and Programs 5555. processes. Other Canadian laboratories Quest Diagnostics Incorporated, 3175 Directorate, Infrastructure Protection, wishing to be considered for the NLCP Presidential Dr., Atlanta, GA 30340, Infrastructure Information Collection may apply directly to the NLCP 770–452–1590/800–729–6432, Division, Attn: Veronica Heller, Team contractor just as U.S. laboratories do. (Formerly: SmithKline Beecham Lead, Planning and Policy Integration, Clinical Laboratories; SmithKline Bio- Upon finding a Canadian laboratory to Ballston One, 4601 N. Fairfax Dr., 5th Science Laboratories). be qualified, HHS will recommend that Floor, Arlington, VA 22203. DOT certify the laboratory (Federal Quest Diagnostics Incorporated, 400 SUPPLEMENTARY INFORMATION: The Office Register, July 16, 1996) as meeting the Egypt Road, Norristown, PA 19403, of Management and Budget is minimum standards of the Mandatory 610–631–4600/877–642–2216, particularly interested in comments Guidelines published in the Federal (Formerly: SmithKline Beecham that: Clinical Laboratories; SmithKline Bio- Register on April 13, 2004 (69 FR 1. Evaluate whether the proposed Science Laboratories). 19644). After receiving DOT collection of information is necessary Quest Diagnostics Incorporated, 7600 certification, the laboratory will be for the proper performance of the Tyrone Ave., Van Nuys, CA 91405, included in the monthly list of HHS- functions of the agency, including 866–370–6699/818–989–2521, certified laboratories and participate in whether the information will have (Formerly: SmithKline Beecham the NLCP certification maintenance practical utility; Clinical Laboratories). program. 2. Evaluate the accuracy of the S.E.D. Medical Laboratories, 5601 Office Elaine Parry, agency’s estimate of the burden of the Blvd., Albuquerque, NM 87109, 505– Acting Director, Office of Program Services, proposed collection of information, 727–6300/800–999–5227. SAMHSA. including the validity of the South Bend Medical Foundation, Inc., [FR Doc. E8–17654 Filed 7–31–08; 8:45 am] methodology and assumptions used; 530 N. Lafayette Blvd., South Bend, BILLING CODE 4160–20–P 3. Enhance the quality, utility, and IN 46601, 574–234–4176 x276. clarity of the information to be Southwest Laboratories, 4645 E. Cotton collected; and Center Boulevard, Suite 177, Phoenix, 4. Minimize the burden of the DEPARTMENT OF HOMELAND AZ 85040, 602–438–8507/800–279– collection of information on those who SECURITY 0027. are to respond, including through the Sparrow Health System, Toxicology National Protection and Programs use of appropriate automated, Testing Center, St. Lawrence Campus, Directorate; Submission for Review: electronic, mechanical, or other 1210 W. Saginaw, Lansing, MI 48915, CAPTAP Train the Trainer Survey technological collection techniques or 517–364–7400, (Formerly: St. 1670–NEW other forms of information technology, Lawrence Hospital & Healthcare e.g., permitting electronic submissions System). AGENCY: National Protection and of responses. St. Anthony Hospital Toxicology Programs Directorate, Infrastructure Laboratory, 1000 N. Lee St., Protection, DHS. Analysis Oklahoma City, OK 73101, 405–272– ACTION: 60-Day Notice and request for Agency: Department of Homeland 7052. comments. Security, National Protection and Toxicology & Drug Monitoring Programs Directorate, Infrastructure Laboratory, University of Missouri SUMMARY: The Department of Homeland Protection. Hospital & Clinics, 301 Business Loop Security (DHS) invites the general Title: CAPTAP Train the Trainer 70 West, Suite 208, Columbia, MO public and other federal agencies the Survey. 65203, 573–882–1273. opportunity to comment on new OMB Number: 1670–NEW.

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Frequency: Once. resource for information and technology secure Web site, through which Affected Public: Federal, State, Local, that would assist them in support of individuals can participate in the Tribal. their mission. In order to assess the assessment. DHS has opted to conduct Number of Respondents: 150. current version of the DHS Tech this collection electronically in order to Estimated Time per Respondent: 12 Clearinghouse, a National Online minimize the burden on participants. minutes. Electronic Assessment (NOEA) will be Individuals that choose to participate Total Burden Hours: 30 hours. administered. This notice and request will take part in the assessment over a Total Burden Cost (capital/startup): for comments is required by the 4-week period, at locations of their None. Paperwork Reduction Act of 1995 (Pub. choice where an Internet connection is Total Burden Cost (operating/ L. 104–13, 44 U.S.C. chapter 35). available. The assessment will require a maintaining): None. Previously, a 60-day Notice for public total of two and a half (2.5) hours of the Description: The C/ACAMS program comment was published on May 19, respondent’s time, thus presenting a uses the CAPTAP Train the Trainer 2008. minimal burden to each respondent. survey to assess participant satisfaction DATES: Comments are encouraged and Participants will be asked to read and with the training. The survey supports will be accepted until September 2, sign an electronic consent form granting data-based decision-making by 2008. their consent to participate in the identifying actionable training data to Comments: Interested persons are assessment. Participants will then reallocate resources to address it. The invited to submit written comments on complete an online Entrance Form, Train the Trainer survey collects data the proposed information collection to which addresses their familiarity with about participants satisfaction with the the Office of Information and Regulatory computers, computer use in instructors, materials, course Affairs, Office of Management and employment and leisure, common Web curriculum, activities and applicability Budget. Comments should be addressed sites they visit and/or use, and to effect cost savings by prioritizing to Desk Officer for the Department of expectations of the Tech Clearinghouse. training improvements. Homeland Security, Science & They will then utilize and assess the Tech Clearinghouse by conducting Dated: July 25, 2008. Technology Directorate, and sent via electronic mail to specified and general searches and Matt Coose, providing feedback through online [email protected] or faxed Acting Chief Information Officer, National assessment instruments (Structured to (202) 395–6974. Please include Protection and Programs Directorate, Assessment Cases). After completing the docket number [DHS–2008–0075] in the Department of Homeland Security. Structured Assessment Cases, subject line of the message. [FR Doc. E8–17644 Filed 7–31–08; 8:45 am] participants will complete an online FOR FURTHER INFORMATION CONTACT: BILLING CODE 4410–10–P Exit Form, which addresses the Michael Bowerbank (202) 254–6895 participant’s satisfaction with and the (this is not a toll free number). overall usability of the Tech DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: The Tech Clearinghouse and specific functions SECURITY Clearinghouse National On-line included in the Tech Clearinghouse. Assessment (NOEA) will collect [Docket No. DHS–2008–0075] The electronic data collection forms will information via a secure Web site. The standardize the collection of Science and Technology Directorate; data will be used by DHS S&T to: (1) information that is both necessary and Submission for Review; Information Assess the overall usability of the Tech sufficient for assessing the Tech Collection Request for the DHS S&T Clearinghouse, (2) Assess the specific Clearinghouse. All online assessment Tech Clearinghouse Program functions of the Tech Clearinghouse, (3) instruments were created using Assess the relevancy and usefulness of mrInterviewTM 4.0 software, which AGENCY: Science and Technology the content of the Tech Clearinghouse to works in conjunction with the Directorate, DHS. first responders, (4) Assess the ease with Statistical Package for the Social ACTION: 30-day Notice and request for which users navigate the Tech Sciences (SPSSTM). Data collected from comment. Clearinghouse, and (5) Provide general online assessment instruments will be feedback on the Tech Clearinghouse. analyzed using SPSSTM 15.0. Data will SUMMARY: The Department of Homeland Information technology will be used be stored in password-protected Security (DHS) invites the general in the collection of this information to computers accessible only to authorized public to comment on new data reduce the data gathering and records personnel, and no data will be collection forms for the Tech management burden. The National associated in any way with personally Clearinghouse program: Consent Form, Online Electronic Assessment will be identifiable information (PII). Entrance Form, Structured Assessment conducted with approximately 100 Case #1, Structured Assessment Case #2, currently employed or recently retired Overview of This Information Structured Assessment Case #3, individuals from the first responder Collection Structured Assessment Case #4, and disciplines. An invitation to participate (1) Type of Information Collection: Exit Form. The Homeland Security Act in the National Online Electronic New information collection. of 2002 requires the Department of Assessment will be distributed through (2) Title of the Form/Collection: Tech Homeland Security (DHS) Science and sources such as the First Responder Clearinghouse. Technology Directorate (S&T) to Technologies (R-Tech) User Working Agency Form Number, if any, and the establish a Technology Clearinghouse to Group (UWG), the R-Tech Newsletter, applicable component of the encourage and support innovative and national and state-level associations Department of Homeland Security technical solutions to enhance representing all first responder sponsoring the collection: DHS Science homeland security and the mission of disciplines. The sources will announce & Technology Directorate. the Department (Pub. L. 107–296, the opportunity for participation in the (3) Affected public who will be asked Section 313). This requirement responds NOEA. or required to respond, as well as a brief to long-standing requests by the first The assessment will be completely abstract: Individuals; the data will be responder community to create a Web-based. DHS S&T will provide a gathered from individuals who receive

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an invitation to participate in the Households—Other Needs; 97.036, Disaster Declared Disaster Areas; 97.049, Presidential National Online Electronic Assessment Grants—Public Assistance (Presidentially Declared Disaster Assistance—Disaster through sources such as the First Declared Disasters); 97.039, Hazard Housing Operations for Individuals and Responder Technologies (R-Tech) User Mitigation Grant.) Households; 97.050 Presidential Declared Disaster Assistance to Individuals and Working Group (UWG), the R-Tech R. David Paulison, Households—Other Needs, 97.036, Disaster Newsletter, and national and state-level Administrator, Federal Emergency Grants—Public Assistance (Presidentially associations representing all first Management Agency. Declared Disasters); 97.039, Hazard responder disciplines. [FR Doc. E8–17685 Filed 7–31–08; 8:45 am] Mitigation Grant.) (4) An estimate of the total number of BILLING CODE 9110–10–P respondents and the amount of time R. David Paulison, estimated for an average respondent to Administrator, Federal Emergency Management Agency. respond: DEPARTMENT OF HOMELAND a. Estimate of the total number of SECURITY [FR Doc. E8–17691 Filed 7–31–08; 8:45 am] respondents: 100. BILLING CODE 9110–10–P b. An estimate of the time for an Federal Emergency Management average respondent to respond: 2.5 Agency burden hours. DEPARTMENT OF HOMELAND [FEMA–1773–DR] SECURITY Dated: July 18, 2008. Kenneth D. Rogers, Missouri; Amendment No. 7 to Notice Federal Emergency Management Chief Information Officer, Science and of a Major Disaster Declaration Agency Technology Directorate. AGENCY: Federal Emergency [FEMA–1773–DR] [FR Doc. E8–17617 Filed 7–31–08; 8:45 am] Management Agency, DHS. BILLING CODE 4410–10–P ACTION: Notice. Missouri; Amendment No. 6 to Notice of a Major Disaster Declaration SUMMARY: This notice amends the notice DEPARTMENT OF HOMELAND of a major disaster declaration for the AGENCY: Federal Emergency SECURITY State of Missouri (FEMA–1773–DR), Management Agency, DHS. dated June 25, 2008, and related ACTION: Notice. Federal Emergency Management determinations. Agency SUMMARY: This notice amends the notice DATES: Effective Date: July 25, 2008. [FEMA–1771–DR] of a major disaster declaration for the FOR FURTHER INFORMATION CONTACT: State of Missouri (FEMA–1773–DR), Illinois; Amendment No. 5 to Notice of Peggy Miller, Disaster Assistance dated June 25, 2008, and related a Major Disaster Declaration Directorate, Federal Emergency determinations. Management Agency, 500 C Street, SW., DATES: AGENCY: Federal Emergency Washington, DC 20472, (202) 646–3886. Effective Date: July 18, 2008. FOR FURTHER INFORMATION CONTACT: Management Agency, DHS. SUPPLEMENTARY INFORMATION: The notice ACTION: Notice. of a major disaster declaration for the Peggy Miller, Disaster Assistance State of Missouri is hereby amended to Directorate, Federal Emergency SUMMARY: This notice amends the notice include the following areas among those Management Agency, 500 C Street, SW., of a major disaster declaration for the areas determined to have been adversely Washington, DC 20472, (202) 646–3886. State of Illinois (FEMA–1771–DR), affected by the catastrophe declared a SUPPLEMENTARY INFORMATION: Notice is dated June 24, 2008, and related major disaster by the President in his hereby given that the incident period for determinations. declaration of June 25, 2008. this disaster is closed effective July 18, DATES: Effective Date: July 22, 2008. 2008. Audrain, Carroll, Chariton, Christian, FOR FURTHER INFORMATION CONTACT: Howard, Macon, Miller, Morgan, Pettis, Ray, (The following Catalog of Federal Domestic Peggy Miller, Disaster Assistance Shelby, and Sullivan Counties for Public Assistance Numbers (CFDA) are to be used Directorate, Federal Emergency Assistance. Linn, Stone, Taney, and Vernon for reporting and drawing funds: 97.030, Management Agency, 500 C Street, SW., Counties for Public Assistance (already Community Disaster Loans; 97.031, Cora Washington, DC 20472, (202) 646–3886. designated for Individual Assistance.) Brown Fund; 97.032, Crisis Counseling; Nodaway County for Public Assistance 97.033, Disaster Legal Services; 97.034, SUPPLEMENTARY INFORMATION: Notice is (already designated for Individual Assistance Disaster Unemployment Assistance (DUA); hereby given that the incident period for and emergency protective measures [Category 97.046, Fire Management Assistance Grant; this disaster is closed effective July 22, B], limited direct Federal assistance, under 97.048, Disaster Housing Assistance to 2008. the Public Assistance program.) Individuals and Households In Presidential (The following Catalog of Federal Domestic Cape Girardeau County for Public Declared Disaster Areas; 97.049, Presidential Assistance Numbers (CFDA) are to be used Assistance (already designated for emergency Declared Disaster Assistance—Disaster for reporting and drawing funds: 97.030, protective measures [Category B], limited Housing Operations for Individuals and Community Disaster Loans; 97.031, Cora direct Federal assistance, under the Public Households; 97.050, Presidential Declared Brown Fund; 97.032, Crisis Counseling; Assistance program.) Disaster Assistance to Individuals and 97.033, Disaster Legal Services; 97.034, (The following Catalog of Federal Domestic Households—Other Needs; 97.036, Disaster Disaster Unemployment Assistance (DUA); Assistance Numbers (CFDA) are to be used Grants—Public Assistance (Presidentially 97.046, Fire Management Assistance Grant; for reporting and drawing funds: 97.030, Declared Disasters); 97.039, Hazard 97.048, Disaster Housing Assistance to Community Disaster Loans; 97.031, Cora Mitigation Grant.) Individuals and Households In Presidential Brown Fund; 97.032, Crisis Counseling; R. David Paulison, Declared Disaster Areas; 97.049, Presidential 97.033, Disaster Legal Services; 97.034, Declared Disaster Assistance—Disaster Disaster Unemployment Assistance (DUA); Administrator, Federal Emergency Housing Operations for Individuals and 97.046, Fire Management Assistance Grant; Management Agency. Households; 97.050, Presidential Declared 97.048, Disaster Housing Assistance to [FR Doc. E8–17692 Filed 7–31–08; 8:45 am] Disaster Assistance to Individuals and Individuals and Households In Presidential BILLING CODE 9110–10–P

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DEPARTMENT OF HOMELAND DEPARTMENT OF HOMELAND SUMMARY: This is a notice of the SECURITY SECURITY Presidential declaration of a major disaster for the State of Nebraska Federal Emergency Management Federal Emergency Management (FEMA–1779–DR), dated July 18, 2008, Agency Agency and related determinations. DATES: [FEMA–1768–DR] Effective Date: July 18, 2008. [FEMA–1768–DR] FOR FURTHER INFORMATION CONTACT: Wisconsin; Amendment No. 13 to Peggy Miller, Disaster Assistance Wisconsin; Amendment No. 14 to Notice of a Major Disaster Declaration Directorate, Federal Emergency Notice of a Major Disaster Declaration Management Agency, 500 C Street, SW., AGENCY: Federal Emergency Washington, DC 20472, (202) 646–3886. AGENCY: Federal Emergency Management Agency, DHS. SUPPLEMENTARY INFORMATION: Notice is Management Agency, DHS. ACTION: Notice. hereby given that, in a letter dated July 18, 2008, the President declared a major ACTION: Notice. SUMMARY: This notice amends the notice disaster under the authority of the of a major disaster declaration for the Robert T. Stafford Disaster Relief and SUMMARY: This notice amends the notice State of Wisconsin (FEMA–1768–DR), Emergency Assistance Act, 42 U.S.C. of a major disaster declaration for the dated June 14, 2008, and related 5121–5207 (the Stafford Act), as follows: State of Wisconsin (FEMA–1768–DR), determinations. dated June 14, 2008, and related I have determined that the damage in DATES: Effective Date: July 25, 2008. certain areas of the State of Nebraska determinations. FOR FURTHER INFORMATION CONTACT: resulting from severe storms, straight-line winds, and flooding on June 27, 2008, is of DATES: Effective Date: July 25, 2008. Peggy Miller, Disaster Assistance Directorate, Federal Emergency sufficient severity and magnitude to warrant FOR FURTHER INFORMATION CONTACT: a major disaster declaration under the Robert Management Agency, 500 C Street, SW., T. Stafford Disaster Relief and Emergency Peggy Miller, Disaster Assistance Washington, DC 20472, (202) 646–3886. Assistance Act, 42 U.S.C. 5121–5207 (the Directorate, Federal Emergency SUPPLEMENTARY INFORMATION: Notice is Stafford Act). Therefore, I declare that such Management Agency, 500 C Street, SW., hereby given that the incident period for a major disaster exists in the State of Washington, DC 20472, (202) 646–3886. this disaster is closed effective July 25, Nebraska. In order to provide Federal assistance, you SUPPLEMENTARY INFORMATION: The notice 2008. are hereby authorized to allocate from funds of a major disaster declaration for the (The following Catalog of Federal Domestic available for these purposes such amounts as State of Wisconsin is hereby amended to Assistance Numbers (CFDA) are to be used you find necessary for Federal disaster include the following area among those for reporting and drawing funds: 97.030, assistance and administrative expenses. You are authorized to provide Public areas determined to have been adversely Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; Assistance in the designated areas, Hazard affected by the catastrophe declared a 97.033, Disaster Legal Services; 97.034, Mitigation throughout the State, and any major disaster by the President in his Disaster Unemployment Assistance (DUA); other forms of assistance under the Stafford declaration of June 14, 2008. 97.046, Fire Management Assistance Grant; Act that you deem appropriate. Consistent 97.048, Disaster Housing Assistance to with the requirement that Federal assistance Green County for Public Assistance (already Individuals and Households In Presidential be supplemental, any Federal funds provided designated for Individual Assistance.) Declared Disaster Areas; 97.049, Presidential under the Stafford Act for Hazard Mitigation (The following Catalog of Federal Domestic Declared Disaster Assistance—Disaster will be limited to 75 percent of the total Assistance Numbers (CFDA) are to be used Housing Operations for Individuals and eligible costs. Federal funds provided under for reporting and drawing funds: 97.030, Households; 97.050 Presidential Declared the Stafford Act for Public Assistance also will be limited to 75 percent of the total Community Disaster Loans; 97.031, Cora Disaster Assistance to Individuals and eligible costs, except for any particular Brown Fund; 97.032, Crisis Counseling; Households—Other Needs, 97.036, Disaster Grants—Public Assistance (Presidentially projects that are eligible for a higher Federal 97.033, Disaster Legal Services; 97.034, cost-sharing percentage under the FEMA Disaster Unemployment Assistance (DUA); Declared Disasters); 97.039, Hazard Mitigation Grant.) Public Assistance Pilot Program instituted 97.046, Fire Management Assistance Grant; pursuant to 6 U.S.C. 777. If Other Needs 97.048, Disaster Housing Assistance to R. David Paulison, Assistance under Section 408 of the Stafford Individuals and Households In Presidential Administrator, Federal Emergency Act is later warranted, Federal funding under Declared Disaster Areas; 97.049, Presidential Management Agency. that program also will be limited to 75 Declared Disaster Assistance—Disaster percent of the total eligible costs. [FR Doc. E8–17690 Filed 7–31–08; 8:45 am] Further, you are authorized to make Housing Operations for Individuals and BILLING CODE 9110–10–P changes to this declaration to the extent Households; 97.050, Presidential Declared allowable under the Stafford Act. Disaster Assistance to Individuals and The Federal Emergency Management Households—Other Needs; 97.036, Disaster DEPARTMENT OF HOMELAND Agency (FEMA) hereby gives notice that Grants—Public Assistance (Presidentially SECURITY Declared Disasters); 97.039, Hazard pursuant to the authority vested in the Mitigation Grant.) Federal Emergency Management Administrator, under Executive Order Agency 12148, as amended, Willie G. Nunn, of R. David Paulison, FEMA is appointed to act as the Federal Administrator, Federal Emergency [FEMA–1779–DR] Coordinating Officer for this declared Management Agency. disaster. [FR Doc. E8–17682 Filed 7–31–08; 8:45 am] Nebraska; Major Disaster and Related The following areas of the State of Determinations BILLING CODE 9110–10–P Nebraska have been designated as adversely affected by this declared AGENCY: Federal Emergency Management Agency, DHS. major disaster: ACTION: Notice. Dodge, Douglas, Sarpy, and Saunders Counties for Public Assistance.

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All counties within the State of Nebraska In order to provide Federal assistance, you Grants; 97.039, Hazard Mitigation Grant are eligible to apply for assistance under the are hereby authorized to allocate from funds Program.) Hazard Mitigation Grant Program. available for these purposes such amounts as R. David Paulison, (The following Catalog of Federal Domestic you find necessary for Federal disaster Administrator, Federal Emergency Assistance Numbers (CFDA) are to be used assistance and administrative expenses. Management Agency. for reporting and drawing funds: 97.030, You are authorized to provide assistance Community Disaster Loans; 97.031, Cora for emergency protective measures (Category [FR Doc. E8–17686 Filed 7–31–08; 8:45 am] Brown Fund; 97.032, Crisis Counseling; B), including direct Federal assistance, under BILLING CODE 9110–10–P 97.033, Disaster Legal Services; 97.034, the Public Assistance program in the Disaster Unemployment Assistance (DUA); designated areas; Hazard Mitigation 97.046, Fire Management Assistance Grant; throughout the State; and any other forms of DEPARTMENT OF HOMELAND 97.048, Disaster Housing Assistance to assistance under the Stafford Act that you SECURITY Individuals and Households In Presidential deem appropriate subject to completion of Declared Disaster Areas; 97.049, Presidential Preliminary Damage Assessments (PDAs), Federal Emergency Management Declared Disaster Assistance—Disaster unless you determine that the incident is of Agency Housing Operations for Individuals and such unusual severity and magnitude that Households; 97.050 Presidential Declared PDAs are not required to determine the need [Docket ID FEMA–2004–0004] Disaster Assistance to Individuals and for supplemental Federal assistance pursuant Households—Other Needs, 97.036, Disaster to 44 CFR 206.33(d). [Z–RIN 1660–ZA02] Grants—Public Assistance (Presidentially Consistent with the requirement that Declared Disasters); 97.039, Hazard Federal assistance be supplemental, any Planning Guidance for Protection and Mitigation Grant.) Federal funds provided under the Stafford Recovery Following Radiological R. David Paulison, Act for Public Assistance and Hazard Dispersal Device (RDD) and Administrator, Federal Emergency Mitigation will be limited to 75 percent of the Improvised Nuclear Device (IND) Management Agency. total eligible costs, except for any particular Incidents projects that are eligible for a higher Federal [FR Doc. E8–17688 Filed 7–31–08; 8:45 am] cost-sharing percentage under the FEMA AGENCY: Federal Emergency BILLING CODE 9110–10–P Public Assistance Pilot Program instituted Management Agency, DHS. pursuant to 6 U.S.C. 777. If Other Needs ACTION: Notice of final guidance. Assistance is later warranted, Federal DEPARTMENT OF HOMELAND funding under that program will also be SUMMARY: The Department of Homeland SECURITY limited to 75 percent of the total eligible Security (DHS) is issuing final guidance costs. entitled, ‘‘Planning Guidance for Federal Emergency Management Further, you are authorized to make Agency Protection and Recovery Following changes to this declaration to the extent Radiological Dispersal Device (RDD) allowable under the Stafford Act. [FEMA–1780–DR] and Improvised Nuclear Device (IND) The Federal Emergency Management Incidents’’ (the Guidance). This Texas; Major Disaster and Related Guidance is intended for Federal Determinations Agency (FEMA) hereby gives notice that pursuant to the authority vested in the agencies, State and local governments, AGENCY: Federal Emergency Administrator, Department of Homeland emergency management officials, and Management Agency, DHS. Security, under Executive Order 12148, the general public who should find it ACTION: Notice. as amended, Sandy Coachman, of FEMA useful in developing plans for is appointed to act as the Federal responding to an RDD or IND incident. SUMMARY: This is a notice of the Coordinating Officer for this declared The Guidance recommends ‘‘protective Presidential declaration of a major disaster. action guides’’ (PAGs) to support disaster for the State of Texas (FEMA– decisions about actions that should be 1780–DR), dated July 24, 2008, and I do hereby determine the following taken to protect the public and related determinations. areas of the State of Texas to have been emergency workers when responding to affected adversely by this declared DATES: Effective Date: July 24, 2008. or recovering from an RDD or IND major disaster: FOR FURTHER INFORMATION CONTACT: incident. The Guidance outlines a Peggy Miller, Disaster Assistance Aransas, Bexar, Brooks, Calhoun, Cameron, process to implement the Directorate, Federal Emergency Hidalgo, Jim Wells, Kenedy, Kleberg, Nueces, recommendations, discusses existing Management Agency, Washington, DC Refugio, San Patricio, Starr, Victoria, and operational guidelines that should be Willacy Counties for Public Assistance 20472, (202) 646–2705. useful in the implementation of the Category B (emergency protective measures), PAGs and other response actions, and SUPPLEMENTARY INFORMATION: Notice is including direct Federal assistance. hereby given that, in a letter dated July All counties within the State of Texas are encourages federal, state and local 24, 2008, the President declared a major eligible to apply for assistance under the emergency response officials to use disaster under the authority of the Hazard Mitigation Grant Program. these guidelines to develop specific Robert T. Stafford Disaster Relief and operational plans and response (The following Catalog of Federal Domestic protocols for protection of emergency Emergency Assistance Act, 42 U.S.C. Assistance Numbers (CFDA) are to be used 5121–5206 (the Stafford Act), as follows: for reporting and drawing funds: 97.030, workers responding to catastrophic Community Disaster Loans; 97.031, Cora incidents involving high levels of I have determined that the damage in radiation and/or radioactive certain areas of the State of Texas resulting Brown Fund Program; 97.032, Crisis from Hurricane Dolly beginning on July 22, Counseling; 97.033, Disaster Legal Services contamination. 2008, and continuing, is of sufficient severity Program; 97.034, Disaster Unemployment DATES: This notice is effective August 1, and magnitude to warrant a major disaster Assistance (DUA); 97.046, Fire Management 2008. declaration under the Robert T. Stafford Assistance; 97.048, Individual and Disaster Relief and Emergency Assistance Household Housing; 97.049, Individual and FOR FURTHER INFORMATION CONTACT: Act, 42 U.S.C. 5121–5206 (the Stafford Act). Household Disaster Housing Operations; Craig Conklin, Director Sector Specific Therefore, I declare that such a major disaster 97.050, Individual and Household Program— Agency Executive Management Office, exists in the State of Texas. Other Needs; 97.036, Public Assistance Office of Infrastructure Protection,

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Department of Homeland Security at Guides and Other Activities in RDD or responses are available at Docket ID No. 703–235–2850 (phone), or IND Incidents FEMA–2004–0004 at http:// [email protected] (e-mail), or, John (a) Group A: Access Control During www.regulations.gov. Emergency Response Operations MacKinney, Deputy Director, Nuclear/ (b) Group B: Early Phase Protective Action In addition to the issuance of this Radiological/Chemical Threats and (Evacuation or Sheltering) Guidance, in response to interagency Science and Technology Policy, Office (c) Group C: Relocation and Critical working group discussions and public of Policy, Department of Homeland Infrastructure Utilization in Affected comments, further guidance will be Security, at (202) 447–3885 (phone), or Areas provided for the consequences that [email protected] (e-mail). (d) Group D: Temporary Access to would be unique to an IND attack. This Relocation Areas for Essential Activities SUPPLEMENTARY INFORMATION: Guidance was not written to provide (e) Group E: Transportation and Access specific recommendations for a nuclear Table of Contents Routes (f) Group F: Release of Property From detonation (IND), but to consider the Preface Radiologically Controlled Areas applicability of existing PAGs to RDDs (a) Introduction (g) Group G: Food Consumption and INDs. In particular, it does not (b) Characteristics of RDD and IND (h) Derivation of Operational Guidelines consider very high doses or dose rate Incidents Appendix 5. References zones expected following a nuclear (1) Radiological Dispersal Device (RDD) Appendix 6. Acronyms/Glossary (2) Improvised Nuclear Device (IND) weapon detonation and other (3) Differences Between Acts of Terror and Background complicating impacts that can significantly affect life-saving outcomes, Accidents This Guidance was developed to such as severely damaged infrastructure, (c) Phases of Response address the critical issues of protective (1) Early Phase loss of communications, water pressure, actions and protective action guides (2) Intermediate Phase and electricity, and the prevalence of (PAGs) to protect human health and to (3) Late Phase secondary hazards. Scientifically sound mitigate the effects caused by terrorists’ (d) Guidance for RDD and IND Incidents recommendations for responders are a (1) Protective Actions use of a Radiological Dispersal Device critical component of post-incident life- (2) Protective Action Guides (PAGs) (RDD) or Improvised Nuclear Device (3) Early and Intermediate Phase Protective (IND). This document provides saving activities, including Action Guides for RDD and IND guidance for site cleanup and recovery implementing protective orders, Incidents following an RDD or IND incident, and evacuation implementation, safe (A) Early Phase PAGs affirms the applicability of existing 1992 responder entry and operations, and (B) Intermediate Phase PAGs urban search and rescue and victim (4) Late Phase Guidance EPA PAGs for radiological emergencies. The development of this Guidance extraction. In the interim, this Guidance (5) Emergency Worker Guidance should be used until the IND guidance (e) Operational Guidelines for Early and was directed by the White House, Office Intermediate PAGs of Science and Technology Policy, is developed. (1) Derived Response Levels (DRLs) through the National Science and The intended audience of this (2) Derived Intervention Levels (DILs) for Technology Council, Committee on document are Federal, State, and local Food Homeland and National Security, radiological emergency response and (3) Radiation Levels for Control of Access Subcommittee on Standards (SoS). In incident management officials. This to Radiation Areas 2003, the SoS convened a senior level Guidance is not intended to impact site Appendix 1. Planning for Protection of Federal working group, chaired by DHS, cleanups occurring under other Emergency Workers Responding to RDD statutory authorities such as the and IND Incidents to develop guidance for response and (a) Guidelines for Emergency Workers in recovery following a radiological Environmental Protection Agency’s Responding to RDD and IND Incidents dispersal device (RDD) or improvised (EPA) Superfund program, the Nuclear (b) Controlling Occupational Exposures nuclear device (IND) incident. The Regulatory Commission’s (NRC) and Doses to Emergency Workers working group consisted of senior decommissioning program, or other (c) Understanding Radiation Risks subject matter experts in radiological/ Federal and State cleanup programs. In (d) Preparedness nuclear emergency preparedness, addition, the scope of this Guidance Appendix 2. Risk Management Framework response, recovery, and incident does not include situations involving for RDD and IND Incident Planning U.S. nuclear weapons accidents. (a) The Stages of the Risk Management management. The following Federal Framework for Responding to RDD and departments and agencies were In addition to the issuance of this IND Incidents represented on the working group: DHS, Guidance, further guidance is being (1) Define the Problems and Put Them in EPA, Department of Commerce (DOC), planned for the devastating Context Department of Energy (DOE), consequences that would be unique to (2) Analyze the Risks Department of Defense (DOD), INDs. In the interim, the present (3) Examine the Options Department of Labor (DOL), Department document will provide general RDD and (4) Make a Decision of Health and Human Services (HHS), IND guidance. (5) Take Action To Implement Decision (6) Evaluate the Results and Nuclear Regulatory Commission By agreement with the Environmental (b) Technical Advisory Committee (NRC). Protection Agency (EPA), the Guidance Appendix 3. Federal Cleanup On January 3, 2006, DHS issued the being published today is final and its Implementation Cleanup Activities ‘‘Preparedness Directorate; Protective substance will be incorporated without Overview Action Guides for Radiological change into the revision of the 1992 (a) General Management Structure Dispersal Device (RDD) and Improvised EPA Manual of Protective Actions (1) Technical Working Group Nuclear Device (IND) Incidents; Notice’’ Guides and Protective Actions for (2) Stakeholder Working Group (71 FR 174, Jan. 3, 2006), and requested Nuclear Incidents (the PAG Manual). (b) Activities (1) Optimization and Recommendation public comments on this interim This notice of final guidance will (2) Public Review of Decision Guidance. Some changes to the therefore sunset upon publication of the (3) Execute Cleanup Guidance were made as a result of these new EPA PAG Manual (see, http:// Appendix 4. Operational Guidelines for comments. A summary of the comments www.epa.gov/radiation/rert/pags.html). Implementation of Protective Action on the interim Guidance document and The reader will then be directed to the

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new EPA PAG Manual, where these recovery of critical infrastructure are not produces radioactive fallout, which may provisions may be found. made quickly, the disruption and harm spread and deposit over very large areas. caused by the incident could be If a nuclear yield is not achieved, the (a) Introduction inadvertently and unnecessarily result would likely resemble an RDD in For the early and intermediate phases increased. Failure to restore important which fissile weapons material was of response, this document presents services rapidly could result in utilized. levels of projected radiation dose at additional adverse public health and which the Federal Government welfare impacts that could be more (3) Differences Between Acts of Terror recommends that actions be considered significant than the direct radiological and Accidents to avoid or reduce adverse public health impacts. Most radiological emergency planning consequences from an RDD or IND has been conducted to respond to incident. This document incorporates (b) Characteristics of RDD and IND Incidents potential nuclear power plant accidents. guidance and regulations published by RDD and IND incidents differ from a the EPA, Food and Drug Administration A radiological incident is defined as nuclear power plant accident in several (FDA), and the Occupational Safety and an event or series of events, deliberate ways, and response planning should Health Administration (OSHA). For the or accidental, leading to the release, or take these differences into account. late phase of the response, this potential release, into the environment First, the severity of an IND incident Guidance presents a process for of radioactive material in sufficient would be dramatically greater than any establishing appropriate exposure levels quantity to warrant consideration of nuclear power plant accident. An IND based on site-specific circumstances. protective actions. Use of an RDD or would have grave consequences for the This Guidance addresses key IND is an act of terror that results in a human population and create a large radiological protection questions at each radiological incident. radius of severe damage from blast and stage of an RDD or IND incident (early, (1) Radiological Dispersal Device (RDD) fires, which could not occur in a nuclear intermediate, and late) and constitutes power plant accident. An RDD poses a threat to public advice by the Federal government to Second, the radiological release from health and safety through the malicious Federal, State, and local decision an RDD or IND may start without any spread of radioactive material by some makers. advance warning and would likely have The objective of the Guidance is to aid means of dispersion. The mode of a relatively short duration. In a major decision makers in protecting the dispersal typically conceived as an RDD nuclear power plant accident, there is public, first responders, and other is an explosive device coupled with likely to be several hours or days of emergency workers from the effects of radioactive material. The explosion warning before the release starts, and radiation, and cleaning up the affected adds an immediate threat to human life the release is likely to be drawn out over area, while balancing the adverse social and property. Other means of dispersal, many hours. This difference means that and economic impacts following an both passive and active, may be most early phase, and some RDD or IND incident. Restoring the employed. normal operation of critical There is a wide range of possible intermediate phase, protective action infrastructure, services, industries, consequences that may result from an decisions, which may be made in a business, and public activities as soon RDD, depending on the type and size of timely fashion during power plant as possible can minimize adverse social the device and how dispersal is incidents, must be made much more and economic impacts. achieved. The consequences of an RDD quickly (and with less information) in This Guidance for RDD and IND may range from a small, localized area, an RDD or IND incident if they are to incidents is not a set of absolute such as a single building or city block, be effective. standards. The guides are not intended to large areas, conceivably several Third, an RDD or IND incident is to define ‘‘safe’’ or ‘‘unsafe’’ levels of square miles. However, most experts more likely to occur in a major city exposure or contamination; rather they agree that the likelihood of impacting a center with a large population. Because represent the approximate levels at very large area is low. In most plausible of the rural setting in which many which the associated protective actions scenarios, the radioactive material nuclear facilities are located, the lower are justified. The Guidance provides would not result in acutely harmful number and density of people affected Federal, State and local decision makers radiation doses, and the primary public by a nuclear plant incident would be the flexibility to be more or less health concern from those materials less, making evacuations much more restrictive, as deemed appropriate based would be increased risk of cancer to manageable, and the amount of critical on the unique characteristics of the exposed individuals. Hazards from fire, infrastructure impacted is also likely to incident and local considerations. smoke, shock (physical, electrical, or be smaller. This RDD/IND Guidance can be used thermal), shrapnel (from an explosion), Fourth, large nuclear facilities have to select actions to prepare for, respond hazardous materials, and other chemical detailed emergency plans developed to, and recover from the adverse effects or biological agents may also be present. over years that are periodically that may exist during any phase of a exercised including specified protective terrorist incident—the early (emergency) (2) Improvised Nuclear Device (IND) actions, evacuation routes, and methods phase, the intermediate phase, or the An IND is an illicit nuclear weapon to quickly alert the public of the actions late phase. There may be an urgent need bought, stolen, or otherwise originating to take. This would not be the case for to evacuate people; there may also be an from a nuclear State, or a weapon an RDD or IND incident. This level of urgent need to restore the services of fabricated by a terrorist group from radiological emergency planning critical infrastructure (e.g., roads, rail illegally obtained fissile nuclear typically does not exist in most cities lines, airports, electric power, water, weapons material that produces a and towns without nearby nuclear sewage, medical facilities, and nuclear explosion. The nuclear yield facilities. businesses) in the hours and days achieved by an IND produces extreme Fifth, the radioactive material releases following the incident—thus, some heat, powerful shockwaves, and prompt from a nuclear power plant incident response decisions must be made radiation that would be acutely lethal would be well known in advance based quickly. If the decisions affecting the for a significant distance. It also on reactor operational characteristics

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whereas releases associated with an there may be no time to take protective actions needed to recover from the RDD or IND would not. actions to significantly reduce plume incident, reopen critical infrastructure, Sixth, in an act of terrorism, the exposure. Also, in the event of a covert and return to a state of relatively normal incident scene becomes a crime scene. dispersal, discovery or detection may activity. In general, intermediate phase As such, the crime scene must be not occur for days or weeks, allowing decisions should consider late phase preserved for forensic investigation. contamination to be dispersed broadly response objectives. However, some This may impact emergency responders by foot, vehicular traffic, wind, rain, or intermediate phase decisions will need during the early and intermediate other forces. to be made quickly (i.e., within hours) phases of response. It should be noted If an IND explodes, there may only be and should not be delayed by that other personnel responding to the time to make early phase protective discussions on what the more desirable incident (i.e., law enforcement, security action recommendations (e.g., permanent decisions will be. Local personnel) will be involved in addition evacuation, or shelter-in-place) many officials must weigh public health and to emergency responders. miles from the explosion to protect welfare concerns, potential economic (c) Phases of Response areas against exposure to fallout. Areas effects, and many other factors when close to the explosion will be making decisions. For example, it can Typically, the response to an RDD or devastated, and communications and be expected that hospitals and their IND incident can be divided into three access will be extremely limited. access roads will need to remain open time phases—the early phase, the Assistance will likely not be intermediate phase, and the late phase— or be reopened quickly. These interim forthcoming or even possible for some decisions can often be made with the that are generally accepted as being hours. Self-guided protective actions are common to all radiological incidents. acknowledgement that further work may likely to be the best recourse for most be needed as time progresses. The phases represent time periods in survivors (e.g., evacuation which response officials would be perpendicular to the plume movement if (3) Late Phase making public health protection it can be achieved quickly, or sheltering decisions. Although these phases cannot in a basement or large building for a day The late phase is the period when be represented by precise time periods, or more after the incident 1). Due to the recovery and cleanup actions designed and may overlap, they provide a useful lack of communication and access, to reduce radiation levels in the framework for the considerations outside guidance and assistance to these environment to acceptable levels are involved in emergency response areas can be expected to be delayed. commenced. This phase ends when all planning. Therefore, response planning and public the remediation actions have been (1) Early Phase outreach programs are critical measures completed. With additional time and to meet IND preparedness objectives. increased understanding of the The early phase (or emergency phase) situation, there will be opportunities to is the period at the beginning of the (2) Intermediate Phase involve key stakeholders in providing incident when immediate decisions for The intermediate phase of the sound, cost-effective cleanup effective protective actions are required, response may follow the early phase recommendations that are protective of and when actual field measurement data response within as little as a few hours. human health and the environment. generally are not available. Exposure to Generally, early (or emergency) phase the radioactive plume, short-term The intermediate phase of the response is usually assumed to begin after the decisions will be made directly by exposure to deposited radioactive elected public officials, or their materials, and inhalation of radioactive incident source and releases have been designees, with limited stakeholder material are generally taken into brought under control and protective involvement due to the need to act account when considering protective action decisions can be made based on within a short timeframe. Long-term actions for the early phase. The measurements of exposure and decisions should be made with response during the early phase radioactive materials that have been includes initial emergency response deposited as a result of the incident. stakeholder involvement, and can also actions to protect public health and Activities in this phase typically overlap include incident-specific technical welfare in the short term, considering a with early and late phase activities, and working groups to provide expert advice time period for protective actions of may continue for weeks to many to decision makers on alternatives, hours to a few days. Priority should be months, until protective actions can be costs, and impacts. The relationship given to lifesaving and first-aid actions. terminated. between typical protective actions and In general, early phase protective During the intermediate phase, the phases of the incident response are actions should be taken very quickly, decisions must be made on the initial outlined in Figure 1. There is overlap and the protective action decisions can between the phases; this framework 1 be modified later as more information Additional protective action guides and should be used to inform planning and recommendations are needed for the close-in zones decision-making. becomes available. If an explosive RDD after an IND. A follow-on Federal effort is underway is deployed without warning, however, to address this critical need. BILLING CODE 9110–21–I

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BILLING CODE 9110–21–C

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(d) Guidance for RDD and IND Incidents under varying emergency Though the early and intermediate This section defines protective actions circumstances. The 1992 EPA PAGs PAGs in this Guidance are values of and protective action guides, and meet the following principal criteria and dose to be avoided, published dose provides guidance for their goals: (1) Prevent acute effects, (2) conversion factors and derived response implementation in RDD and IND reduce risk of chronic effects, and (3) levels may be utilized in estimating incidents. In addition, this section require optimization to balance doses, and for choosing and provides guidance for protection of protection with other important factors implementing protective actions. Other emergency workers, and a strategy for and ensure that actions taken result in quantitative measures and derived devising cleanup plans, criteria, and more benefit than harm. concentration values may be useful in options. The 1992 EPA PAG Manual, however, emergency situations; for example, for was not developed to address response the release of goods and property from (1) Protective Actions actions following radiological or nuclear contaminated zones, and to control Protective actions are activities that terrorist incidents and does not address access into and out of contaminated should be conducted in response to an long-term cleanup. The 1992 EPA PAG areas. RDD or IND incident in order to reduce Manual was written to address the kinds Because of the short time frames or eliminate exposure of the public to of nuclear or radiological incidents required for emergency response radiation or other hazards. These deemed likely to occur. While intended decisions in the early and intermediate actions are generic and are applicable to to be applicable to any radiological phases, it is likely there will not be RDDs and INDs. The principal release, the 1992 EPA PAGs were opportunities for local decision makers protective action decisions for designed principally to address the to consult with a variety of stakeholders consideration in the early and impacts of commercial NPP accidents, before taking actions. Therefore, this intermediate phases of an emergency are the worst type of incident under Guidance incorporates the significant whether to shelter-in-place, evacuate, or consideration at that time. This is body of work done in the general relocate affected or potentially affected important for two reasons: Commercial context of radiological emergency populations. Secondary actions include nuclear power plant accidents are response planning from the administration of medical almost always signaled by preceding development of the 1992 EPA PAGs, countermeasures, decontamination events, giving plant managers time to and represents the results of scientific (including decontamination of persons make decisions, and giving local analysis, public comment, drills, evacuated from the affected area), use of emergency managers time to exercises, and a consensus at the access restrictions, and use of communicate with the public and Federal level for appropriate emergency restrictions on food and water. In some initiate evacuations if necessary. In action. situations, only one protective action addition, the suite of radionuclides needs to be implemented, while in present at nuclear power plants is well- In order to use the early and others, numerous protective actions known, and is dominated by relatively intermediate phase PAGs to make should be implemented. Many factors short-lived isotopes. decisions about appropriate protective should be considered when deciding The 1992 EPA PAG Manual provides actions, decision makers will need whether or not to order a protective a significant part of the basis of this information on suspected radionuclides; action based on the projected dose to a document and should be referred to for projected plume movement, and population. For example, evacuation of additional details. In deriving the radioactive depositions; and/or actual a population is much more difficult and recommendations contained in this measurement data or, during the period costly as the size of the population Guidance, new types of incidents and initially following the release, expert increases. scenarios that could lead to advice in the absence of good environmental radiological information. Sources of such (2) Protective Action Guides (PAGs) contamination were considered. The information include on-scene A PAG is the projected dose to a interagency working group determined responders, as well as monitoring, reference individual, from an accidental that the 1992 EPA PAGs for the early assessment, and modeling centers. or deliberate release of radioactive and intermediate phases, including (3) Early and Intermediate Phase material, at which a specific protective emergency responder guidelines, are Protective Action Guides for RDD and action to reduce or avoid that dose is also appropriate for use in RDD and IND IND Incidents recommended. Thus, protective actions incidents. This Guidance is intended to are designed to be taken before the supplement the 1992 EPA PAG Manual The early and intermediate phase anticipated dose is realized. for application to RDD and IND RDD/IND PAGs are generally based on The Environmental Protection Agency incidents, including providing new late the following sources: The 1992 EPA (EPA) has published PAGs in the phase guidance. PAGs developed by EPA in coordination ‘‘Manual of Protective Action Guides The RDD/IND Guidance provides with other Federal agencies through the and Protective Actions for Nuclear generic criteria based on balancing Federal Radiological Preparedness Incidents’’ (EPA 400–R–92–001, May public health and welfare with the risk Coordinating Committee; guidance 1992), in coordination with the Federal of various protective actions applied in developed by the FDA for food and food Radiological Preparedness Coordinating each of the phases of an RDD or IND products and the distribution of Committee (FRPCC). The PAGs incident. The RDD/IND Guidance is potassium iodide. Table 1 provides a presented in this manual, hereafter specific to radiation and radioactive summary of the early and intermediate referred to as the 1992 EPA PAGs, are materials, and must be considered in the phase PAGs for protection of the general non-regulatory. They are designed to context of other chemical or biological public in an RDD or IND incident and provide a flexible basis for decisions hazards that may also be present. key protective actions.

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TABLE 1—PROTECTIVE ACTION GUIDES FOR RDD AND IND INCIDENTS

Phase Protective action recommendation Protective action guide

Early ...... Sheltering-in-place or evacuation of the 1 to 5 rem (0.01–0.05 Sv) projected dose.b publica. Administration of prophylactic drugs— 5 rem (0.05 Sv) projected dose to child thyroid.c,e potassium iodidec,e Administration of other prophylactic or decorporation agentsd. Intermediate ...... Relocation of the public ...... 2 rem (0.02 Sv) projected dose first year. Subsequent years, 0.5 rem/y (0.005 Sv/y) projected dose.b Food interdiction ...... 0.5 rem (0.005 Sv) projected dose, or 5 rem (0.05 Sv) to any individual organ or tissue in the first year, whichever is limiting. Drinking water interdiction ...... 0.5 rem (0.005 Sv) projected dose in the first year. a Should normally begin at 1 rem (0.01 Sv); take whichever action (or combination of actions) that results in the lowest exposure for the major- ity of the population. Sheltering may begin at lower levels if advantageous. b Total Effective Dose Equivalent (TEDE)—the sum of the effective dose equivalent from external radiation exposure and the committed effec- tive dose equivalent from inhaled radioactive material. c Provides thyroid protection from radioactive iodine only. d For other information on other radiological prophylactics and medical countermeasures, refer to http://www.fda.gov/cder/drugprepare/de- fault.htm, http:/www.bt.cdc.gov/radiation, or http://www.orau.gov/reacts. e Committed Dose Equivalent (CDE). FDA understands that a KI administration program that sets different projected thyroid radioactive dose thresholds for treatment of different population groups may be logistically impractical to implement during a radiological emergency. If emergency planners reach this conclusion, FDA recommends that KI be administered to both children and adults at the lowest intervention threshold (i.e., >5 rem (0.05 Sv) projected internal thyroid dose in children) (FDA 2001).

In the early and intermediate phases FDA guidance on the administration not impacted. The intermediate phase is of an RDD or IND incident there may of stable iodine is also considered also the period during which planning not be adequate information to appropriate (useful primarily for NPP for long-term site cleanup and determine radiation levels or make dose incident involving radioiodine release). remediation should be initiated. projections because there may be little The administration of other medical For the intermediate phase, relocation or no advance notice of an attack, the countermeasures should be evaluated of the population is a protective action characteristics of the RDD or IND may on a case-by-case basis and depend on that can be used to reduce dose. not be immediately known, monitoring the nature of the event and Relocation is the removal or continued equipment may not be available to make radionuclides involved. exclusion of people (households) from measurements, or there may not be time The initial zone should be established contaminated areas in order to avoid to do measurements or projections and controlled around the incident site, chronic radiation exposure, and it is before emergency response actions need as is the case for other crime scenes and meant to protect the general public. For to be initiated. Therefore, to use this hazards. This Guidance allows for the the intermediate phase, the existing guide to determine whether protective refinement of that area if the radiation relocation PAGs of 2 rem (0.02 Sv) in action is needed in a particular exposure levels warrant such action. the first year and 0.5 rem (0.005 Sv) in situation, it may be necessary to Advance planning by local officials for any subsequent year are considered compare the PAGs to results of a dose messaging, communications, and appropriate for RDD and IND incidents. projection. In general, it should be actions in the event of an RDD or IND However, for IND incidents, the area emphasized that realistic assumptions, are strongly encouraged. impacted and the number of people that based on incident-specific information, might be subject to relocation could (B) Intermediate Phase PAGs potentially be very large and could should be used when making radiation exceed the resources and infrastructure dose projections so that the final results The decisions in the intermediate available. For example, in making are representative of actual conditions phase will focus on the return of key relocation decisions, the availability of rather than overly conservative infrastructure and services, and the rapid return to normal activities. This adequate accommodations for relocated exposures. It is very important that local people should be considered. Decision officials responsible for carrying out will include decisions on allowing use of roads, ports, waterways, makers may need to consider limiting emergency response actions conduct transportation systems (including action to those areas most severely advance planning to ensure that they are subways, trains, and airports), hospitals, affected, phasing relocation adequately prepared if such an incident businesses, and residences. It will also implementation based on the resources were to occur. include responses to questions about available. (A) Early Phase PAGs acceptable use and release of real and The relocation PAGs apply personal property such as cars, clothes, principally to personal residences, but For the early phase, the 1992 EPA or equipment that may have been may impact other locations as well. For PAGs for evacuation and sheltering-in- impacted by the RDD or IND incident. example, these PAGs could impact work place are appropriate for RDD and IND Many of the activities will be concerned locations, hospitals, and park lands, as incidents (see Table 1). Early phase with materials and areas that were not well as the use of highways and other protective action decisions in an RDD or affected, but for which members of the transportation facilities. For each type of IND must be made quickly, and with public may have concern. Thus, the facility, the individual occupancy time very little confirmatory data. While RDD/IND Guidance serves to guide should be taken into account to sheltering-in-place should be carried out decisions on returning to impacted determine the criteria for using a facility at 1 rem (0.01 Sv) sheltering-in-place areas, leaving impacted areas, and or area. It might be necessary to avoid can begin at any projected dose level. providing assurance that an area was continuous use of homes in an area

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because radiation levels are too high; short period of time. However, if the organizations), already have guidance however, a factory or office building in impacted area is large, achieving low and tools that may be used to help the same area could be used because cleanup levels for remediation of the establish cleanup levels. The occupancy times are shorter. Similarly, entire area, and/or maintaining existing optimization process allows local a highway could be used at higher land uses, may not be practicable. decision makers to draw on the thought contamination levels because the It should be noted that an processes used to develop the dose and/ exposure time of highway users would intermediate phase PAG is not or risk benchmarks used by these State, be considerably less than the time spent equivalent to a starting point for Federal, or other sources. These by residents in a home. development of the late phase cleanup benchmarks, though developed within The intermediate phase PAG for the process. However, contamination and different contexts, may be useful for interdiction of food is set at 0.5 rem radiation levels existing after an analysis of cleanup options. Decision (0.005 Sv) projected dose in the first incident (e.g., concentrations, or dose makers might reasonably determine that year, and the intermediate phase PAG rates), as well as actions already taken, it is appropriate to move up or down for the interdiction of drinking water is provide practical starting points for from these benchmarks, depending on set at 0.5 rem (0.005 Sv) projected dose further action and cleanup. The goal of the site-specific circumstances and for the first year for RDD and IND cleanup is to reduce those levels as low balancing of other relevant factors. incidents. These values are consistent as is reasonable. It is possible that final In developing this Guidance, the with those now used or being criteria for reoccupation at a given Federal Government recognized that considered as PAGs for other types of incident site may be either below or experience from existing programs, such nuclear/radiological incidents. above the intermediate phase PAG dose as the EPA’s Superfund program, the The use of simple dose reduction value, since no dose or risk cap for the NRC’s standards for decommissioning techniques is recommended for personal late phase is explicitly recommended and decontamination to terminate a property and all potentially under this Guidance. plant license, and other national and contaminated areas that continue to be Late phase cleanup criteria should be international recommendations, may be occupied. This technique is also derived through a site-specific useful in planning the cleanup and consistent with the 1992 EPA PAGs optimization process, which should recovery efforts following an RDD or developed for other types of nuclear/ include potential future land uses, IND incident. This Guidance allows the radiological incidents. Examples of technical feasibility, costs, cost- consideration and incorporation, as simple dose reduction techniques effectiveness, and public acceptability. appropriate, of any or all of the existing would be washing all transportation Optimization is a concept that is environmental program elements. vehicles (e.g., automobiles, trains, ships, common to many State, Federal, and The site-specific optimization process and aircraft), personal clothing, eating international risk management programs includes quantitative and qualitative utensils, food preparation surfaces, and that address radionuclides and assessments applied at each stage of site other personal property before next use, chemicals, although it is not always cleanup decision making, from initial as practicable and appropriate. referred to as such. The Risk scoping and stakeholder outreach, to Management Framework described in (4) Late Phase Guidance evaluation of cleanup options, to Appendix 2 provides such a process and The late phase involves the final implementation of the chosen helps assure the protection of public alternative. The evaluation of options cleanup of areas and property at which health and welfare. Decisions should radioactive material is present. Unlike for the late phase of recovery after an take health, safety, technical, economic, RDD or IND incident should consider all the early and intermediate phases of an and public policy factors into account. RDD or IND incident, decision makers of the relevant factors, including: Appendix 3 utilizes the framework as a • Areas impacted (e.g., size, location will have more time and information basis for RDD and IND site cleanup during the late phase to allow for better relative to population). planning. • Types of contamination (chemical, data collection, stakeholder Broadly speaking, optimization is a biological, and radiological). involvement, and options analysis. In flexible, multi-attribute decision process • Other hazards present. this respect, the late phase is no longer that seeks to weigh many factors. • Human health risk. a response to an ‘‘emergency situation,’’ Optimization analyses are quantitative • Public welfare. and is better viewed in terms of the and qualitative assessments applied at • Ecological risks. objectives of cleanup and site recovery. each stage of site recovery decision- • Actions already taken during the Because of the extremely broad range making, from evaluation of remedial early and intermediate phases. of potential impacts that may occur options to implementation of the chosen • Projected land uses. from RDDs and INDs (e.g., light alternative. The evaluation of cleanup • Preservation or destruction of contamination of one building to alternatives, for example, should factor places of historical, national, or regional widespread destruction of a major in all relevant variables, including areas significance. metropolitan area), a pre-established impacted (e.g., size and location relative • Technical feasibility. numeric cleanup guideline is not to population), types of contamination • Wastes generated and disposal recommended as best serving the needs (chemical, biological, and/or options and costs. of decision makers in the late phase. radioactive), human health, public • Costs and available resources to Rather, a process should be used to welfare, technical feasibility, costs, and implement and maintain remedial determine the societal objectives for available resources to implement and options. expected land uses and the options and maintain remedial options, short-term • Potential adverse impacts (e.g., to approaches available, in order to select effectiveness, long-term effectiveness, human health, the environment, and the the most acceptable criteria. For timeliness, public acceptability, and economy) of remedial options. example, if the incident is an RDD of economic effects (e.g., on residents, • Short-term effectiveness. limited size and the impacted area is tourism, and business, and industry). • Long-term effectiveness. small, it might reasonably be expected Various Federal, and State agencies, • Timeliness. that a complete return to normal along with other organizations (e.g., • Public acceptability, including local conditions can be achieved within a national and international advisory cultural sensitivities.

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• Economic effects (e.g., on As explained in Appendix 3, the actions to protect public health and employment, tourism, and business). Incident Command or Unified welfare in the short term. Priority • Intergenerational equity. Command should develop a schedule should be given to lifesaving and first- The site-specific optimization process with milestones for conducting the aid actions. Following an IND provides the best opportunity for optimization process as soon as detonation in particular, the highest decision makers to gain public practicable following the incident. priority missions should also include confidence through the involvement of While the goal should be to complete actions such as suppression of fires that stakeholders. This process should begin the initial optimization process as soon could result in further loss of life. during, and proceed independently of, as possible following an incident For the purposes of this Guidance, intermediate phase protective action (depending on the size of the incident), ‘‘emergency worker’’ is defined as any activities. the schedule must take into Appendix 3 provides additional worker who performs an early or consideration incident-specific factors details on a process that may be used to intermediate phase work action. Table 2 that would affect successful implement this Guidance, describing shows the emergency worker guidelines implementation. This schedule may the role of the Federal Government and for early phase emergency response need to reflect a phased approach to how it could integrate its activities with actions. In intermediate and late phase State and local governments and the cleanup and is subject to change as the cleanup progresses. actions (i.e., cleanup and recovery), public. For some radiological terror standard worker protections, including incidents, States may take the primary (5) Emergency Worker Guidelines the 5 rem (0.05 Sv) occupational dose leadership role in cleanup and limit, apply. contribute significant resources toward The response during the early phase recovery of the site. includes initial emergency response

TABLE 2—EMERGENCY WORKER GUIDELINES IN THE EARLY PHASE 2

Total effective dose equivalent (TEDE) a Activity Condition guideline

5rem (0.05 Sv) ...... All occupational exposures ...... All reasonably achievable actions have been taken to minimize dose. 10 rem (0.1 Sv) ...... Protecting valuable property necessary • All appropriate actions and controls have been implemented; however, ex- for public welfare (e.g., a power ceeding 5 rem (0.05 Sv) is unavoidable. plant). • Responders have been fully informed of the risks of exposures they may ex- perience. • Dose >5 rem (0.05 Sv) is on a voluntary basis. • Appropriate respiratory protection and other personal protection is provided and used. • Monitoring available to project or measure dose. 25 rem (0.25 Sv) b .... Lifesaving or protection of large popu- • All appropriate actions and controls have been implemented; however, ex- lations. It is highly unlikely that doses ceeding 5 rem (0.05 Sv) is unavoidable. would reach this level in an RDD in- • Responders have been fully informed of the risks of exposures they may ex- cident; however, worker doses higher perience. than 25 rem (0.25 Sv) are conceiv- • Dose >5 rem (0.05 Sv) is on a voluntarily basis. able in a catastrophic incident such • Appropriate respiratory protection and other personal protection is provided as an IND incident. and used. • Monitoring available to project or measure dose. a The projected sum of the effective dose equivalent from external radiation exposure and committed effective dose equivalent from internal ra- diation exposure. b EPA’s 1992 PAG Manual states that ‘‘Situations may also rarely occur in which a dose in excess of 25 rem for emergency exposure would be unavoidable in order to carry out a lifesaving operation or avoid extensive exposure of large populations.’’ Similarly, the NCRP and ICRP raise the possibility that emergency responders might receive an equivalent dose that approaches or exceeds 50 rem (0.5 Sv) to a large portion of the body in a short time (Limitation of Exposure to Ionizing Radiation, National Council on Radiation Protection and Measures, NCRP Report 116 (1993a). If lifesaving emergency responder doses approach or exceed 50 rem (0.5 Sv) emergency responders must be made fully aware of both the acute and the chronic (cancer) risks of such exposure.

This Guidance document and the impacts and case-specific information achievable’’ (ALARA) principle after an emergency worker guidelines were needed, it is impossible to develop a incident. Still, in some incidents developed for a wide range of possible single turn-back dose level for all medically significant doses above the radiological scenarios, from a small RDD responders to use in all events, annual occupational 5 rem (0.05 Sv) that may impact a single building to an especially those that involve lifesaving dose limit may be unavoidable. For IND that could potentially impact a operations. Indeed, with proper instance, in the case of a catastrophic large geographic region. Therefore, the preparedness measures (training, incident, such as an IND, Incident 5, 10 and 25 rem guidelines (Table 2) personal protective equipment, etc.) Commanders may need to consider should not be viewed as inflexible many radiological emergencies raising the lifesaving and valuable limits applicable to the range of early addressed by this document, even property (i.e., necessary for public phase emergency actions covered by lifesaving operations, may be welfare) emergency worker guidelines this Guidance. Because of the range of manageable within the 5 rem (0.05 Sv) in order to prevent further loss of life occupational limit. Moreover, Incident and prevent the spread of massive 2 In the intermediate and late phases, standard worker protections, including the 5 rem Commanders should make every effort destruction. Ensuring that emergency occupational dose limit, would normally apply. to employ the ‘‘as low as reasonably workers have full knowledge of the

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associated risks prior to initiating success of the emergency response/ radiation levels for control of access to emergency action and medical rescue operation against the potential radiation areas. evaluation of emergency workers after for and significance of the health and such exposure is essential. (See safety risks to the emergency workers. (1) Derived Response Levels (DRLs) Appendix 1 for additional discussion of Federal, state and local emergency The 1992 EPA PAG Manual contains ALARA.) response officials should use these guidance and Derived Response Levels Ideally, the Incident Commanders guidelines to develop specific (DRLs) for various potential exposure should define and enforce the operational plans and response pathways, including external exposure, emergency dose limits in accordance protocols for protection of emergency inhalation, submersion, ground shine, with the immediate risk situation and response workers. the type of emergency action being and drinking water, for application in performed (see Table 2). However, in (e) Operational Guidelines for Early and the early and intermediate phases. the case of an attack it may not be Intermediate PAGs These values serve as, or can be adapted possible to conduct dose measurements Implementation of the early and to serve as, operational guidelines to or projections before initiating intermediate PAGs may be supported by readily determine if protective actions emergency response activities. operational guidelines that can be need to be implemented. The summed Therefore, it is crucial that officials readily used by decision makers and ratios of radionuclide concentrations responsible for carrying out emergency responders in the field. Operational obtained through field measurements response actions in the early phase guidelines are levels of radiation or can be compared to the DRLs to conduct thorough advance planning to concentrations of radionuclides that can determine whether the PAGs are likely ensure that they are adequately be accurately measured by radiation to be exceeded. If concentrations of prepared if such an incident occurs. detection and monitoring equipment, radionuclides obtained through field Planning should include evaluating data and then related or compared to the measurements are less than the DRLs, and information on possible or PAGs to quickly determine whether the PAGs are not likely to be exceeded anticipated radiation exposures in RDD actions need to be implemented. Federal and, thus, a protective action may not or IND incidents, developing procedures agencies are continuing development of need to be taken. for reducing and controlling emergency operational guidelines to support the responder exposures to allowable dose (2) Derived Intervention Levels (DILs) application of this Guidance, and other for Food limits (Table 2), obtaining appropriate site-level decisions; therefore, they are personal protective equipment (e.g., provided here in overview only. The FDA has developed Derived respirators, clothing) for protecting Some values already exist that could Intervention Levels (DILs) for emergency responders who enter potentially serve as operational implementation of the early and contaminated areas, and developing guidelines for RDD and IND response intermediate PAGs for food. These DILs appropriate decision-making criteria for and recovery operations, and there are establish levels of contamination that responding to catastrophic incidents various tools available to help derive can exist on crops and in food products that may involve high radiation operational guidelines for response exposure levels. Planning should also and still maintain dose levels below the planning. Appendix 4 presents a food PAGs, and could therefore be used include informing and educating summary of the types of operational emergency workers about emergency as operational guidelines for RDD and guidelines for RDD and IND response IND incidents. More information on response procedures and controls as operations currently under well as the acute and chronic (cancer) DILs can be found in ‘‘Accidental development. Radioactive Contamination of Human risks of exposure, particularly at higher Additional tools and assessment dose levels. Effective advance planning Food and Animal Feeds: methodologies to aid in planning and Recommendations for State and Local will help to ensure that the emergency development of operational guidelines worker guidelines are correctly applied Agencies’’ (U.S. Department of Health for use with PAGs for a wide range of And Human Services, Food and Drug and that emergency workers are not situations are available from the Federal Administration, August 13, 1998). exposed to radiation levels that are Radiological Monitoring and higher than necessary in the specific Assessment Center (FRMAC). These (3) Radiation Levels for Control of emergency action. tools and methods are written to In addition, as part of advance Access to Radiation Areas support FRMAC operations during planning, officials should develop a radiological and nuclear emergency Additional operational guidelines for process for assessing hazards and for responses. The FRMAC manuals use in the early and intermediate phases determining appropriate actions in of response are being developed for incidents that may involve high provide detailed methods for computing Derived Response Levels (DRLs) and issues such as clearance of personal and radiation doses. Decisions regarding real property, land and facility access, emergency response actions in incidents doses based on measurement or and for response actions. A DOE project involving high radiation exposures modeling results and suggest input 3 supported by an interagency effort is require careful consideration of the parameters for various situations. developing needed tools and benefits to be achieved by the ‘‘rescue’’ Some examples of existing values that or response action (e.g., the significance can be used as operational guidelines operational guidelines that address of the outcome to individuals, large for RDD and IND response operations continued use, or necessary control for populations, general welfare, or and tools that could be used to establish personal property (e.g., vehicles, valuable property necessary for public site-specific operational guidelines equipment, personal items, debris) and welfare), and the potential health include, derived response levels, real property (e.g., buildings, roads, impacts (i.e., acute and chronic) to derived intervention levels for food, and bridges, residential and commercial emergency workers. The planning for a areas, national monuments and icons) 3 potential high radiation exposure These materials and additional information on that may be impacted by an RDD or IND the FRMAC can be obtained at http:// incident. The effort includes incident should consider how to weigh www.nv.doe.gov/nationalsecurity/ the potential for and significance of the homelandsecurity/frmac. consideration of short and long term use

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or access to areas. A DOE report 4 is radiation levels necessary for the particular conducting the emergency response available for review, and use as emergency response action. operation. That is, in making an emergency appropriate. The report includes This appendix provides information to response decision, the potential for the proposed operational guidelines and assist local, State, and Federal authorities, success of the response/rescue operation and and emergency workers in planning for the significance of its benefits to the their technical derivation, and provides radiological emergencies, in particular those community should be weighed against the tools such as the computer model related to terrorist attacks using RDDs and potential for, and significance of, the health RESRAD–RDD 5 for calculating incident- INDs. The appendix is not intended to and safety risks to workers. specific guidelines and worker stay-time provide comprehensive training guidance. tables for access control, and dose-based Other information useful in the planning (b) Controlling Occupational Exposures and Doses to Emergency Workers soil and building contamination levels process may be available from the following organizations: Appropriate measures should be taken to to assist in the site-specific optimization • process. The goal of the DOE report is The National Council on Radiation minimize radiation dose to emergency Protection and Measurements, workers responding to an RDD or IND to provide sufficient information to • the International Commission on incident. With proper preparedness measures assist decision makers and responders Radiological Protection, (e.g., training, personal protective in executing their responsibilities in a • the International Atomic Energy Agency, equipment), many emergencies that this safe way. Appendix 4 of this Guidance • the American Nuclear Society, document addresses, including lifesaving provides a more detailed overview of • the Health Physics Society, and actions, may be possible to manage within the operational guidelines contained in • the Conference of Radiation Control the 5 rem (0.05 Sv) occupational limit. the DOE draft report and their intended Program Directors. Emergency management officials responsible applications. for an incident should take steps to keep all (a) Guidelines for Emergency Workers in doses to emergency workers ‘‘as low as Appendix 1—Planning for Protection of Responding to RDD and IND Incidents reasonable achievable’’ (ALARA). Protocols Emergency Workers Responding to Table 2 in Section (d)(5) of the Guidance for maintaining ALARA should include the RDD and IND Incidents shows the emergency worker guidelines for following health physics and industrial the early phase. In the intermediate and late hygiene practices: The purpose of this appendix is to provide phases, standard OSHA and other worker • Minimizing the time spent in the Federal, state, and local decision makers with health and safety standards apply. The DOE contaminated area (e.g., rotation of information on how to prepare for, and and NRC also have standards that govern emergency responders); implement emergency worker guidance in worker health and safety for normal • Maintaining distance from sources of RDD and IND incidents. Because there may operations at their owned or licensed radiation; not be adequate information or time for facilities. OSHA’s occupational radiation • Shielding of the radiation source; determining radiation levels or making dose dose limit (1.25 rem (0.0125 Sv) per annual • Using hazard controls that are applicable projections in the early phase of an RDD or quarter, or 5 rem (0.05 Sv) total in one year) to the work performed; IND incident, it is very important that minimizes risk to workers consistent with the • Properly selecting and using respirators emergency management officials conduct Occupational Health and Safety Act (29 and other personal protective equipment worker health and safety planning and U.S.C. 651 et seq.). (PPE), to minimize exposure to internally training in advance to ensure they are In many radiological incidents, particularly deposited radioactive materials (e.g., alpha adequately prepared if such an incident RDD situations, the actual dose to emergency and beta emitters); and occurs. workers may be controlled to less than 5 rem • Using prophylactic medications, when Planning should include evaluating data (0.05 Sv). However, in other radiological appropriate, that either block the uptake or and information on possible or anticipated incidents precautions may not be sufficient reduce the retention time of radioactive radiation exposures in RDD and IND or effective to keep emergency worker doses material in the body. incidents and on acute and chronic risks of at or below 5 rem (0.05 Sv), because of the To minimize the risks from exposure to radiation exposures, developing procedures magnitude of the incident and because ionizing radiation, all emergency responders for reducing and controlling emergency certain measures typically used to control should be trained and instructed to follow worker exposures, obtaining appropriate exposures in normal operations may not be emergency response plans and protocols and personal protective equipment (e.g., applicable. For example, one of the major be advised on how to keep exposures as low respirators, protective clothing) to help radiation protection controls used in normal as reasonably achievable. Health physics and protect emergency workers who enter radiological operations is containment of the industrial hygiene practices should include exposure areas, and developing appropriate radioactive material. Another is to keep the use of dosimetry for monitoring of decisionmaking criteria for responding in people away from the source material. During individual exposure with real-time readings catastrophic incidents, such as an IND, that emergency response to an RDD or IND (i.e., real-time electronic dosimeters) and may involve high exposure levels. Planning incident use of these controls may not be permanent records (e.g., film badges, should also include training and educating possible due to the nature of the incident and optically stimulated luminescent [OSL], or emergency workers about emergency the urgency of response actions. As a result, thermoluminescent dosimeters [TLDs]). Also, response procedures in radiological high radiation exposures for emergency employers should (1) develop procedures environments, radiation exposure controls responders may be unavoidable and have the and training that relate measurements to dose and the risks of exposure, particularly at potential to exceed regulatory limits used for and risk, (2) understand and practice ALARA higher levels. Effective planning and training normal operations. Therefore, the 5, 10 and procedures with workers, and (3) address will help to ensure that exposures to 25 rem guidelines found in Table 2 should other issues related to performing response in emergency workers are kept to the lowest not be viewed as absolute standards a radiological environment. applicable to the full range of incidents (c) Understanding Radiation Risks 4 Preliminary Report on Operational Guidelines covered by this guidance, but rather serve as Developed for Use in Emergency Preparedness and decision points for making worker protection If there is the possibility that emergency Response to a Radiological Dispersal Device decisions during emergencies. workers would receive a radiation dose Incident, DOE/HS–0001. The report and associated Emergency response actions in higher than the 5 rem (0.05 Sv) guideline, material will be available at http:// catastrophic incidents that involve high emergency workers should be trained to www.ogcms.energy.gov. exposure levels require careful consideration understand the risk associated with such 5 RESRAD–RDD is derived from RESRAD, which of both the benefits to be achieved by the doses, including a thorough explanation of is a computer model designed to estimate radiation ‘‘rescue’’ or response action (e.g., the the latent risks associated with receiving doses and risks from residual radioactive materials. The RESRAD model has been applied to determine significance of the benefit to individuals, doses greater than 5 rem (0.05 Sv), and acute the risk to human health posed at over 300 sites in populations, valuable property necessary for risks at higher doses. Emergency workers the United States and abroad that have been general welfare), and the potential for acute should be fully aware of both the projected contaminated with radiation. and chronic health impacts to individuals acute and chronic risks (cancer) they may

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incur in an emergency response action. the emergency worker guidelines for basic risk management principles were also Furthermore, emergency workers cannot be radiological emergency response, including used in development of the 1992 EPA PAGs. forced to perform a rescue action involving specific emergency responder health and The framework is designed to help radiation doses above regulatory limits, and safety procedures and ALARA principles. decision makers make good risk management they should be given reasonable assurance The reader is referred to the EPA PAG decisions. The level of effort and resources that normal controls cannot be utilized to Manual (May 1992), the FRMAC Radiological invested in using the framework should be reduce doses to less than 5 rem (0.05 Sv). Emergency Response Health and Safety commensurate with the significance of the After the event, it is essential that emergency Manual (May 2001), and the Hazardous problem, the potential severity and economic workers be provided with medical follow up. Waste Operations and Emergency Response impact, the level of controversy surrounding The estimated risk of fatal cancer 6 for (HAZWOPER) regulations. The EPA has a the problem, and resource constraints. The healthy workers who receive a dose of 10 rem Worker Protection (40 CFR part 311) standard health and environmental hazards that must (0.10 Sv) is about 0.46 percent over the that applies the HAZWOPER standard to be considered are radiation hazards, and worker’s lifetime (i.e., 4–5 fatal cancers per State and local workers in States that do not potentially chemical or biological hazards. 1000 people, or 0.4–0.5 percent). The risk have their own occupational safety and Other factors to be considered include the scales linearly. For workers who receive a health program. continued disruption in normal activities, dose of 25 rem (0.25 Sv), the risk is about 1.1 The HAZWOPER regulations, found in 29 loss of, or limited access to critical percent. The risk is believed to be greater for CFR 1910.120 and 1926.65, were infrastructure and health care and general those who are younger at the time of promulgated to protect personnel working at economic damage. exposure. For example, for 20–30 year olds a hazardous waste site, or a treatment, The framework relies on the three key the estimated risk of fatal cancer at 25 rem storage, or disposal facility, or performing principles of (1) broad context, (2) (1.75 percent) is about twice as large as the emergency response. This standard also stakeholder participation, and (3) iteration. risk for 40–50 year olds (0.8 percent). covers employers whose employees are Broad context refers to placing all of the Above 50 rem (0.5 Sv) acute effects are engaged in emergency response without health and environmental issues in the full possible. Where lifesaving actions may result regard to the location of the hazard (unless range of impacts and recovery factors in doses that approach or exceed 50 rem specifically exempted or where a more following an RDD or IND incident, and is (0.50 Sv), such as in an IND incident, protective safety and health standard intended to assure that all aspects of public emergency workers need to have a full applies). If an employer anticipates that their welfare are taken into account. Stakeholder understanding of the potential acute effects employees will respond to a potential hazard, participation is critical to making and of the expected radiation exposure, in HAZWOPER requires such actions as (1) the successfully implementing sound, cost- addition to the risk of chronic effects. The development of an emergency response plan effective, risk-informed decisions. Iteration is decision to take these lifesaving actions must (including personnel roles, lines of authority, the process of continuing to refine the be based on the estimation that the human training, communication, personal protective analysis base on information available, and health benefits of the action exceed the safety equipment, and emergency equipment), (2) improve the decisions and actions that can be and health risks to the emergency workers. procedures for handling a response, (3) taken at any point in time. Together these It is important to note that the approach specific training requirements based on the principles outline a fair, responsive approach used to translate dose to risk in this anticipated roles of the responder, and (4) to making the decisions necessary to discussion is a simplistic approach for medical surveillance. For specific effectively respond to the impacts of an RDD developing rough estimates of risks for interpretations regarding HAZWOPER and/or or IND incident. comparative purposes. Other more realistic other occupational safety and health Risk management is the process of and accurate approaches are often used in standards, employers should consult the identifying, evaluating, selecting, and assessing risks for risk management decisions appropriate implementing agency (e.g., implementing actions to reduce risk to public (other than for emergencies) when more appropriate Federal agencies, State health and the environment. The goal of risk complete information about the contaminants Occupational Safety and Health Programs, or management is scientifically sound, cost- and the potential for human exposure is State Radiation Control Programs). effective, integrated actions that reduce or available. These approaches rely on prevent public health impacts while taking radionuclide-specific risk factors (e.g., found Appendix 2—Risk Management Framework for RDD and IND Incident into account social, cultural, ethical, public in Federal Guidance Report No. 13 and EPA policy, and legal considerations. In order to Health Effects Assessment Summary Tables), Planning accomplish this goal, information will be and are typically used in long-term This appendix contains a description of a needed on the nature and magnitude of the assessments, such as environmental cleanup. risk management framework for making hazard present as a result of the incident, the (d) Preparedness decisions to protect public health and options for reducing risks, and the effectiveness and costs of those options. To prepare for large radiological disasters, welfare in the context of cleanup and site Decision makers also compare the economic, local officials and Incident Commanders will recovery following an RDD or IND incident. social, cultural, ethical, legal, and public need to have a decision-making process The framework is based on the report, policy implications associated with each already developed and ready to implement ‘‘Framework for Environmental Health Risk option, as well as the unique safety and when they can no longer use standard Management,’’ mandated by the 1990 Clean health hazards facing emergency responders occupational dose limits or when there is the Air Act Amendments published by the and ecological hazards the cleanup actions possibility that they may face decisions Commission on Risk Assessment and Risk themselves may cause. Often a stakeholder involving exposures approaching or Management in 1997. This appendix working group can provide input needed to exceeding 25 rem (0.25 Sv) for lifesaving provides specific material for RDD and IND operations. Preparedness entails investigating incidents, and reference to the report is consider all of the relevant information. the nature of the RDD and IND incident for encouraged for the details of the general Stakeholders can provide valuable input to which local officials must be prepared, framework. A plan for implementing this decision makers during the long-term having appropriate worker health and safety framework for RDD and IND incidents is cleanup effort, and the key decision makers plans and protocols for such incidents, and provided in Appendix 4. should establish a process that provides for training and exercises to assure a level of The ‘‘Framework for Environmental Health appropriate stakeholder input. Identifying readiness among officials and responders. Risk Management’’ is considered generally which stakeholders need to be involved in Incident Commanders and emergency suitable for addressing the long-term cleanup the process depends on the situation. In the responders should thoroughly understand issues for RDDs and INDs. Given the time case of a site contaminated as a result of an frames following an RDD or IND incident RDD or IND incident, stakeholders may there is generally not sufficient time in the include individuals whose health, economic 6 Risk per dose of a fatal cancer for members of ¥ early phase to conduct a full risk assessment well-being, and quality of life are currently the general public is assumed to be about 6 × 10 4 per rem. Cancer incidence is assumed to be about and get stakeholder involvement. In order for affected or would be affected by the cleanup 8 × 10¥4 per rem (see Federal Guidance Report No. the framework to be most useful it must be and the site’s subsequent use, or nonprofit 13). Occupational risk coefficients are slightly used in planning and preparing for a organizations representing such individuals. higher. radiological or nuclear incident. Many of the They may also include those who have

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regulatory responsibility, and those who may example, how long the individuals will be the scientific aspects of a risk and note its speak on behalf the environment generally, exposed in the future. subjective, cultural, and comparative business and economics, or future The potential for future radiation exposure dimensions. Stakeholders play an important generations. of the public from the site must be role in providing information that should be Stakeholder input should be considered considered within the context of the societal used in risk analyses and in identifying throughout all stages of the framework as objectives to be achieved, and must examine specific health and ecological concerns. appropriate, including analyzing the risks, cleanup options in the context of other risks (3) Examine the Options identifying potential cleanup options, members of the community face. There may evaluating options, selecting an approach, also be broader public health or This stage of the risk management process and evaluating the effectiveness of the action environmental issues that local governments involves identifying potential cleanup afterwards. Their input will assist decision and public health agencies have to confront options and evaluating their effectiveness, makers in providing a reasoned basis for and consider. feasibility, costs, benefits, cultural or social actions to be taken. Further information on The goals of the cleanup effort will extend impacts, and unintended consequences. This the importance and selection of stakeholders well beyond the reduction of potential process can begin whenever appropriate, can be found in the Framework for delayed radiation health effects, and may after defining the problem and considering Environmental Health Risk Management. include: the context. It does not have to wait until the Decision makers can also benefit from the • Public health protection goals, including risk analysis is completed, although a risk use of working groups that provide expert mitigating acute hazards and long-term analysis often will provide important technical advice regarding the decisions that chronic issues, and protecting children and information for identifying and evaluating need to be made during the long-term other sensitive populations. risk management options. In some cases, recovery process. Further information on • Social and economic goals, such as examining risk management options may how to incorporate the use of technical minimizing disruption to communities and help refine a risk analysis. Risk management working groups is provided later in this businesses, maintaining property values, and goals may be redefined after decision makers appendix. protecting historical or cultural landmarks or and stakeholders gain some appreciation for resources. what is feasible, what the costs and benefits (a) The Stages of the Risk Management • National security goals, such as are, and how the process of reducing Framework for Responding to RDD and IND maintaining and normalizing use of critical exposures and risks can improve human and Incidents highways, airports, or seaports for mass ecological health. The ‘‘Framework for Environmental Health transit; maintaining energy production; and Once potential options have been Risk Management’’ has six stages: providing for critical communications. identified, the effectiveness, feasibility, 1. Define the problem and put it in context. • Public welfare goals, including benefits, detriments, and costs of each option 2. Analyze the risks associated with the maintaining hospital capacity, water must be assessed to provide input into problem in context. treatment works, and sewage systems for selecting the best option. Key questions 3. Examine options for addressing the protection of community health; assuring include determining (1) the expected benefits risks. adequate food, fuel, power, and other and costs, (2) distribution of benefits and 4. Make decisions about which options to essential resources; and providing for the costs across the impacted community, (3) the implement. protection or recovery of personal property. feasibility of the option given the available time, resources, and any legal, political, 5. Take actions to implement the decisions. (2) Analyze the Risks 6. Evaluate results of the actions taken. statutory, and technology limitations, and (4) Risk management decisions under this To make effective risk management whether the option increases certain risks framework should do the following: decisions, decision makers and other while reducing others. Other adverse • Clearly articulate all of the problems in stakeholders need to know what potential consequences may be cultural, political, their public health and ecological contexts, harm a situation poses and how great the social, or economic. Adverse economic not just those associated with radiation. likelihood is that people or the environment consequences may include impacts on a • Emerge from a decision-making process will be harmed. The nature, extent, and focus community, such as reduced property values that elicits the views of those affected by the of a risk analysis should be guided by the risk or loss of jobs, environmental justice issues, decision. management goals. The results of a risk and harming the social fabric of a town or • Be based on the best available scientific, analysis—along with information about tribe by relocating the people away from an economic, and other technical evidence. public values, statutory requirements, court area. • Be implemented with stakeholder decisions, equity considerations, benefits, Many risk management options may be support in a manner that is effective, and costs—are used to decide whether and unfeasible for social, political, cultural, legal, expeditious, and flexible. how to manage the risks. or economic reasons—or because they do not • Be shown to have a significant impact on Risk analyses can be controversial, reduce risks to the extent necessary. For the risks of concern. reflecting the important role that both science example, removing all the soil from an entire • Be revised and changed when significant and judgment play in drawing conclusions valley that is contaminated with radioactive new information becomes available. about the likelihood of effects on public material may be infeasible. On the other • Account for their multi-source, health and the environment. It is important hand, the costs of cleaning up an elementary multimedia, multi-chemical, and multi-risk that risk assessors respect both the scientific school may be considered justified by their contexts. foundation of risks and the procedures for benefits: Protecting children and returning to • Be feasible, with benefits reasonably making inferences about risks in the absence daily activities and a sense of normalcy. Of related to their costs. of adequate data. Risk assessors should course, the feasibility and cost-effectiveness • Give priority to preventing risks, not just provide decision makers and other of an option may change in the future. stakeholders with plausible conclusions controlling them. (4) Make a Decision • Be sensitive to political, social, legal, and about risk that can be made on the basis of cultural considerations. the available information. They should also A productive stakeholder involvement provide decision makers with evaluations of process can generate important guidance for (1) Define the Problems and Put Them in the scientific support for their conclusions, decision makers. Thus, decisions may reflect Context descriptions of major sources of uncertainty, negotiation and compromise, as long as risk In the case of RDDs, the initial problem is and alternative views. management goals and intentions are met. In caused by the dispersal of radioactive Stakeholders’ perception of a risk can vary some cases, win-win solutions that allow material. The incident may also result in the substantially depending on such factors as stakeholders with divergent views to achieve release of other types of contaminants the extent to which the stakeholders are their primary goals are possible. Decision (chemical or biological) or create other types directly affected, whether they have makers should allow the opportunity for of public health hazards. Individuals exposed voluntarily assumed the risk or had the risk public comment on proposed decisions. may include emergency workers and imposed on them, and the nature of their Decision makers must weigh the value of members of the public, and there may be connection with the cause of the risk. For obtaining additional information against the different associated assumptions; for this reason, risk analyses should characterize need for a decision, however uncertain the

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decision may be. Sometimes a decision must to determine how best to obtain the necessary committee would make recommendations to be made primarily on a precautionary basis. technical input to support these decisions the decision makers on whether cleanup has When sufficient information is available to and demonstrate to the public that the final reduced contamination to acceptable levels, make a risk management decision, or when decisions are credible and sound. or whether further actions are needed before additional information or analysis would not There are a variety of ways to approach re-occupancy. contribute significantly to the quality of the this situation, and decision makers will need decision, the decision should not be to tailor the process to particular site Appendix 3—Federal Cleanup postponed. circumstances. This section describes one Implementation (5) Take Action To Implement the Decision approach that is available to decision makers, This appendix provides a federally- which is based on the ‘‘ad hoc’’ mechanisms recommended approach for environmental When options have been evaluated and used for coordinating interagency expertise decisions made, a plan for action should be cleanup after an RDD or IND incident to and assessing the effectiveness in general of accompany the risk management principles developed and implemented. The issuance of the cleanup in response to the 2001 anthrax protective action recommendations is the outlined in Appendix 2. This approach attacks in Washington, DC. For significant describes how State and local governments responsibility of local officials to protect the decontamination efforts, the key decision public and the environment during may coordinate with Federal agencies, and makers may choose to convene an the public, consistent with the National emergencies: Long-term cleanup decisions independent committee of technical experts have the same basic risk management Response Framework (NRF). The approach to conduct a deliberative and comprehensive does not attempt to provide detailed framework, but entail substantially more post-decontamination review. The committee analysis and stakeholder involvement. When descriptions of State and local roles and would evaluate the effectiveness of the expertise. It is assumed those details will be government officials and stakeholders have decontamination process and make agreed on a strategy, cleanup activities provided in State and local level planning recommendations on whether the documents that address radiological/nuclear should commence. It may take considerable decontaminated areas or items may be time for these actions to be completed, and terrorism incidents. reoccupied or reused. It is important to note This site cleanup approach is intended to additional decisions may often be necessary that although this review may enhance the as the actions proceed. function under the NRF with Federal scientific credibility of the final outcome, agencies performing work consistent with (6) Evaluate the Results final cleanup decisions rest with decision their established roles, responsibilities, and Decision makers and other stakeholders makers. capabilities. Agencies should be tasked to must continue to review what risk The committee may consist of experts from perform work under the appropriate management actions have been implemented Federal agencies, State and tribal public Emergency Support Function, as a primary or and how effective these actions have been. health and environmental agencies, support agency, as described in the NRF. Evaluating effectiveness involves monitoring universities and private industries, the local This plan is also designed to be compatible and measuring, as well as comparing actual health department, and possibly with the Incident Command/Unified benefits and costs to estimates made in the representatives of local workers and the Command (IC/UC) structure embodied in the decision-making stage. The effectiveness of community. To maximize objectivity, the National Incident Management System the process leading to implementation committee should be an independent group (NIMS). should also be evaluated at this stage. that will provide input to the decision The functional descriptions and processes Evaluation provides important information makers, not be a part of the decision-making in this approach are provided to address the about the following: Whether the actions team. specific needs and wide range of potential were successful; whether they accomplished The scientific expertise in the committee impacts of an RDD or IND incident. During what was intended; whether the predicted should reflect the needs of the decision the intermediate phase, site cleanup planners benefits and costs were accurate; whether makers in all aspects of the decontamination should begin the process described below, any modifications are needed to the risk process (e.g., environmental sampling, under the direction of the on-site IC/UC, and management plan to improve success; epidemiology, risk assessment, industrial in close coordination with Federal, State and whether any critical information gaps hygiene, statistics, health physics, and local officials. After early and intermediate hindered success; whether any new engineering). Agencies on the committee may phase activities have come to conclusion and information has emerged which indicates also have representatives on the technical only long-term cleanup activities are that a decision or stage of the framework working group, but in order to preserve the ongoing, the IC/UC structure may continue to should be revisited; whether unintended objectivity of the committee, it is best to support planning and decision-making for consequences have emerged; how designate different experts to serve on each the long-term cleanup. The IC/UC may make stakeholder involvement contributed to the group. The chair and co-chair of the personnel changes and structural adaptations outcome; and what lessons can be learned to committee should not be a part of the to suit the needs of a lengthy, multifaceted guide future risk management decisions, or to decision-making group at the site. and highly visible remediation process. For improve the decision-making process. The decision makers should develop a example, a less formal and structured Evaluation is critical to accountability and charter for the committee that specifies the command, more focused on technical to ensure efficient use of valuable but limited tasks committee members are intended to analysis and stakeholder involvement, may resources. Tools for evaluation include perform, the issues they are to consider, and be preferable for extended site cleanup than environmental and health monitoring, the process they will use in arriving at what is required under emergency research, analyses of costs and benefits, and conclusions and recommendations. The circumstances. discussions with stakeholders. charter should also specify whether the Radiological and nuclear terrorism individual members are expected to incidents cover a broad range of potential (b) Technical Advisory Committee represent the views of their respective scenarios and impacts. This appendix Making decisions on the appropriate agencies, or just their own opinions as assumes that the Federal Government is a cleanup approaches and levels following an independent scientific experts. Consensus primary funding agent for site cleanup. In RDD or IND incident will undoubtedly be a among committee members is desirable, but particular, the process described for the late challenging task for decision makers. As may not be possible. If consensus cannot be phase in section (d)(4) of this document already noted, the technical issues may be achieved, the charter should specify how assumes an incident of relatively large size. complex. Many potentially competing factors decision makers expect the full range of For smaller incidents, all of the elements in will need to be carefully weighed and opinions to be reflected in the final this section may not be warranted. The decision makers should expect public committee report. process should be tailored to the anxiety in the face of a terrorist act involving In general, the technical peer review circumstances of the particular incident. radioactive materials. Different regulatory committee would evaluate pre- and post- Decision makers should recognize that for authorities and organizations historically decontamination sampling data, the some radiological/nuclear terrorist incidents, have taken different cleanup approaches for decontamination plan, and any other states will take the primary leadership role radioactively contaminated industrial sites. information key to assessing the effectiveness and contribute significant resources toward Given this context, decision makers will need of the cleanup. Based on this evaluation, the cleanup of the site. This section does not

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address such a scenario, but states may return to normalcy in accordance with Federal materials, the representatives in the choose to use the process described here. intermediate phase PAGs—should not be UC may change appropriately and the This implementation plan does not address delayed for the final site remediation response will be conducted according to the law enforcement coordination during decision. applicable Federal procedures. terrorism incident responses, including how A process for addressing environmental Issues that cannot be resolved at the IC/UC the FBI will manage on-scene activities contamination that applies an optimization or Unified Area Command level may be immediately following an act of terror. process for site cleanup is presented below. raised with the JFO and JFO Unified Agencies’ roles and responsibilities will be As described in this document, optimization Coordination Group for resolution. The JFO implemented according to the NRF and is a flexible process in which numerous coordinates and prioritizes Federal resources, supporting documents. Also, victim triage factors are considered to achieve an end and when applicable, issues mission and other medical response procedures are result that considers local needs and desires, assignments to Federal agencies under the beyond the scope of this Guidance. The plan health risks, costs, technical feasibility, and Stafford Act. Issues that cannot be resolved presented in this appendix is not intended to other factors. The general process outlined at the JFO level may be raised to the DHS impact site cleanups occurring under other below provides decision makers with input NOC, senior-level interagency management statutory authorities such as EPA’s from both technical experts and stakeholder groups, and the White House Homeland Superfund program, the NRC’s representatives, and also provides an Security Council. decommissioning program, or State- opportunity for public comment. The extent Day-to-day tactical management, planning, administered cleanup programs. and complexity of the process for an actual and operations for the RDD/IND cleanup Cleanup Activities Overview incident should be tailored to the needs of process will be managed at the IC/UC level, the specific incident; for smaller incidents, but for large-scale cleanups, it is expected As described earlier in the document, the workgroups discussed below may not be that the JFO Unified Coordination Group will radiological/nuclear emergency responses are necessary. review proposed cleanup plans and provide often divided roughly into three phases: (1) The goals of the process described below strategic and policy direction. The agency(s) The early phase, when the plume is active are: (1) Transparency—the basis for cleanup with primary responsibility for site cleanup and field data are lacking or not reliable; (2) decisions should be available to stakeholder should be represented in the JFO Unified the intermediate phase, when the plume has Coordination Group. The IC/UC will need to passed and field data are available for representatives, and to the public at large; (2) establish appropriate briefing venues as the assessment and analysis; and (3) the late inclusiveness—representative stakeholders cleanup process proceeds, including the phase, when long-term issues are addressed, should be involved in decision-making affected mayor(s) and Governor(s). such as cleanup of the site. For purposes of activities; (3) effectiveness—technical subject The discussion below assumes a traditional this appendix, the response to a radiological matter experts should analyze remediation NIMS IC/UC structure; if the IC/UC or nuclear terrorism incident is divided into options, consider established dose and risk transitions later to a different management two separate, but interrelated and benchmarks, and assess various technologies structure for a longer-term cleanup, the IC/ overlapping, processes. The first is in order to assist in identifying a final UC would need to determine the appropriate comprised of the early and intermediate solution that is optimal for the incident; and way to incorporate the workgroups described phases of response, which consists of the (4) shared accountability—the final decision immediate and near-term on-scene actions of to proceed will be made jointly by Federal, below into that structure. State, local, and Federal emergency State, and local officials. Appendix 2 presented the general steps in responders under the IC/UC. On-scene Under the NRF, FEMA may issue mission the cleanup process: Analyze the risks, actions include incident stabilization, assignments to the involved Federal agencies, examine the options, make and implement a lifesaving activities, dose reduction actions as appropriate, to assist in response and decision, evaluate the results. This process for members of the public and emergency recovery. Additional funding may be will be managed by the IC/UC, who responders, access control and security, provided to State/local governments to ultimately determines the structure and emergency decontamination of persons and perform response/recovery activities through organization of the Incident Command Post, property, ‘‘hot spot’’ removal actions, and other mechanisms. The components of the but the discussion below provides one resumption of basic infrastructure functions. process are as follows: recommended approach for managing the cleanup process within a NIMS ICS response The second process pertains to (a) General Management Structure environmental cleanup, which is initiated structure. The Incident Command Post soon after the incident (during the Planning for the long-term cleanup should Planning Section has the lead for response intermediate phase) and continues into the begin during the intermediate phase, and at planning activities, working in conjunction late phase. The process starts with convening that time, a traditional NIMS response with other sections, and would have the lead stakeholders and technical subject matter structure should still be in place. However, for development of the optimization analysis, experts to begin identifying and evaluating NIMS was developed specifically for working closely with the Operations Section. options for the cleanup of the site. The emergency management and may not be the The NIMS describes the units that make up environmental cleanup process overlaps the most efficient response structure for long- the Planning Section, and allows for intermediate phase activities described above term cleanup. If the cleanup will extend for additional units to be added depending on and should be coordinated with those years, the IC/UC may decide to transition at site-specific needs. NIMS states that for activities. This process is interrelated with some point to a different long-term project incidents involving the need to coordinate the ongoing intermediate phase activities, management structure. and manage large amounts of environmental and the intermediate phase protective actions Under the NRF and NIMS, incidents are sampling and analytical data from multiple continue to apply through the late phase managed at the lowest possible jurisdictional sources, an Environmental Unit may be until cleanup is complete. level. In most cases, this will be at the level established within the Planning Section to Cleanup planning and discussions should of the Incident Command or Unified facilitate interagency environmental data begin as soon as practicable after an incident Command (IC/UC). The IC/UC directs on- management, monitoring, sampling, analysis, to allow for selection of key stakeholders and scene tactical operations. Responding local, assessment, and site cleanup and waste subject matter experts, planning, analyses, State, and Federal agencies are represented in disposal planning. RDD/IND incidents would contractual processes, and cleanup activities. the IC/UC and Incident Command Post in involve the collection of not only large States may choose to pre-select stakeholders accordance with NIMS principles regarding amounts of radiological data, but also data for major incident recovery coordination. jurisdictional authorities, functional related to other environmental and health These activities should proceed in parallel responsibilities, and resources provided. For and safety hazards, and would therefore with ongoing intermediate phase activities, INDs, and large RDDs, multiple Incident likely warrant the establishment of an and coordination between these activities Command Posts (ICPs) may be established to Environmental Unit in the Planning Section. should be maintained. Preliminary manage the incident with an Area Command Planning for FRMAC radiological sampling remediation activities during the or Unified Area Command supporting the and monitoring activities will be integrated intermediate phase—such as emergency ICPs and prioritizing resources and activities into the Planning Section, and coordinated removals, decontamination, resumption of among them. If the RDD/IND incident with other Situation and Environmental Unit basic infrastructure function, and some happens on a Federal facility or involves data management activities.

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The IC/UC would assign the responsibility fields who may warrant representation on the incorporated as appropriate. A reconvening for coordinating and development of the technical working group. of the stakeholder and/or technical working optimization analysis to a specific unit. For (2) Stakeholder Working Group groups may be useful for resolving some incidents in which the contaminated area is issues. The stakeholder working group should be small and the analysis is straightforward, the (3) Execute Cleanup IC/UC may choose to assign such convened as soon as practicable, normally within days or weeks of the incident. The responsibilities to the Environmental Unit. Cleanup activities should commence as stakeholder working group would be On the other hand, for large incidents quickly as practicable, and allow for managed by the Planning Section Unit that requiring more complicated tradeoffs or the incremental reoccupation of areas as cleanup is assigned responsibility for the evaluation of cleanup goals with broad proceeds. For significant decontamination optimization analysis. The IC/UC may direct efforts, the IC/UC may choose to employ a implications, the IC/UC may choose to the Public Information Officer (who would establish a separate unit in the Planning technical peer review advisory committee to coordinate with the JIC) to work with the conduct a review of the effectiveness of the Section (for example, a Cleanup Planning group, including establishing a process for Unit) to coordinate the development of the cleanup. The technical peer review advisory the group to report out its recommendations. committee is discussed in more detail in optimization analysis. The IC/UC may then How and where the stakeholder working Appendix 2. convene a technical working group and a group would meet to review information and stakeholder working group, managed by the provide its input would need to be Appendix 4—Operational Guidelines Environmental or Cleanup Planning Unit, to determined in conjunction with the group analyze cleanup options and develop for Implementation of Protective Action members. The stakeholder working group Guides and Other Activities in RDD or recommendations. The Environmental or may also be asked to participate in meetings Cleanup Planning Unit would coordinate with the JFO Unified Coordination Group if IND Incidents working group processes and interactions needed. During all phases of an incident, many and report the results of the optimization Makeup: The stakeholder working group decisions will need to be made at the field- analysis and workgroup efforts to the IC/UC should include selected Federal, State, and level, such as making protective action through the Planning Section Chief. local representatives; local non-governmental decisions, opening critical infrastructure, The development and completion of the representatives; and local/regional business limited re-entry of citizens to homes or optimization analysis is expected to be an stakeholders. The exact selection and balance businesses, release of personal property, and iterative process, and for large incidents, the of stakeholders is incident specific. cleanup will likely proceed in phases, most others. This appendix presents operational Function: The function of the stakeholder guidelines being developed to assist decision likely from the ‘‘outside in’’ toward the most working group is to provide input to the IC/ contaminated areas. The extent of the makers and emergency responders in UC concerning local needs and desires for implementing protective actions and making analysis and process used to develop it site recovery, proposed cleanup options, and other on-site decisions.7 Operational would be tailored to the needs of the specific other recommendations. The group should guidelines are levels of radiation or incident, but the following working groups present local goals for the use of the site, concentrations of radionuclides that can be may be convened by the IC/UC to assist prioritizing current and future potential land decision makers in the optimization process, uses and functions, such as utilities and accurately measured by radiation detection particularly for large or complex cleanups. infrastructure, light industrial, downtown and monitoring equipment that can then be compared to PAGs, or field-level radiation (1) Technical Working Group business, and residential land uses. The stakeholder working group would not be a dose decision points (such as for the release A technical working group should be decision-making body. of personal property) to quickly determine convened as soon as practicable, normally what action should be taken. In most within days or weeks of the incident. The (b) Activities situations, the operational guidelines will be technical working group would be managed (1) Optimization and Recommendations given in terms of external gamma rates or by the Planning Section Unit that is assigned The IC/UC directs the management of the media-specific (e.g., surfaces, soil, or water) responsibility for the optimization analysis. radionuclide concentration units. Both The technical working group may or may not optimization analysis through the Planning Section. Technical and stakeholder working external and internal exposure potential were be physically located at the ICP. The group considered in the development of the may review data and documents, provide groups assist in performing analyses and developing cleanup options and provide operational guidelines. input electronically, and meet with incident This appendix discusses the operational management officials. The group may also be input to the IC/UC, and may be asked to participate in meetings with the JFO Unified guidelines qualitatively and does not provide asked to participate in meetings with the JFO actual numeric values. The operational Unified Coordination Group if needed. Coordination Group if needed. The IC/UC reviews the options described in the guidelines are being developed to provide Function: The technical working group optimization analysis and selects a proposed reasonable assurance that field-level provides multi-agency, multi-disciplinary approach for site cleanup, in close radiation dose decision points and the PAGs expert input on the optimization analysis, coordination with Federal, State and local recommended in this document can be met including advice on technical issues, analysis officials. Again, depending on the incident under different circumstances. The of relevant regulatory requirements and size, it may be necessary to conduct the operational guidelines also address, to some guidelines, risk analyses, and development of cleanup in phases. Thus, decisions on extent, the impact of protective actions, such cleanup options. The technical working cleanup approaches may also be made in as controlling wash water after rinsing group would provide expert technical input phases. As appropriate for the magnitude of vehicles to remove contamination. Actual to the IC/UC; it would not be a decision- the cleanup task, the IC/UC would brief conditions may warrant development of making body. relevant Federal, State, and local government incident-specific guidelines. To support this Makeup: The technical working group officials on proposed cleanup plans for need, the RESRAD–RDD 8 software tool was should include selected Federal, State, local, approval. This may involve the office of the developed to allow for easy and timely and private sector subject matter experts in affected mayor and Governor. At the Federal calculation of site-specific operational such fields as environmental fate and level, it may involve the JFO Unified transport modeling, risk analysis, technical Coordination Group and higher-level 7 For purposes of this appendix, ‘‘relocation area’’ remediation options analysis, cost, risk and officials. benefit analysis, health physics/radiation refers to an area that local officials have determined protection, construction remediation (2) Public Review of Decision is not safe for prolonged occupation by the public, practices, and relevant regulatory based on the intermediate phase PAGs, and have The IC/UC should work with the POI and recommended that the public be relocated. requirements. The exact selection and JIC to publish a summary of the process, the 8 RESRAD–RDD is a computer modeling tool balance of subject matter experts is incident- options analyzed, and the recommendations developed by the U.S. Department of Energy for specific. The Advisory Team for the for public comments. Public meetings should calculating radiation concentrations on different Environment, Food, and Health is comprised also be convened at appropriate times. Public media, and doses and dose rates following an RDD of Federal radiological experts in various comments should be considered and incident.

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guidelines that can be tailored to the specific Individual groups are further categorized into derivation, intended application, and tools to emergency and the required response. subgroups as appropriate. Table 3 assist in their application, are provided in the The operational guidelines are organized summarizes operational guideline groups and Preliminary Report on Operational into seven groups that are generally subgroups. A summary description of these Guidelines Developed for Use in Emergency categorized by the phase of emergency groups and subgroups is provided below. Preparedness and Response to a Radiological response in which they would be Detailed descriptions of the operational Dispersal Device Incidents (DOE/HS–0001, implemented or used for planning purposes. guidelines, to include their technical available at http://www.ogcms.energy.gov).

TABLE 3—OPERATIONAL GUIDELINES: GROUPS AND SUBGROUPS

Groups Subgroups

A. Access control during emergency response operations ...... 1. Life and property-saving measures. 2. Emergency worker demarcation. B. Early-phase protective action ...... 1. Evacuation. 2. Sheltering. C. Relocation from different areas and critical infrastructure utilization in relocation areas ...... 1. Residential areas. 2. Commercial and industrial areas. 3. Other areas, such as parks and monu- ments. 4. Hospitals and other health care facilities. 5. Critical transport facilities. 6. Water and sewer facilities. 7. Power and fuel facilities. D. Temporary access to relocation areas for essential activities ...... 1. Worker access to businesses for essential actions. 2. Public access to residences for retrieval of property, pets, records. E. Transportation and access routes ...... 1. Bridges. 2. Streets and thoroughfares. 3. Sidewalks and walkways. F. Release of property from radiologically controlled areas ...... 1. Personal property, except wastes. 2. Waste. 3. Hazardous waste. 4. Real property, such as lands and buildings. G. Food consumption ...... 1. Early-phase food guidelines. 2. Early-phase soil guidelines. 3. Intermediate-phase soil guidelines. 4. Intermediate- to late-phase soil guidelines.

(a) Group A: Access Control During exposure rate, gross alpha surface areas that exceed the relocation PAGs. These Emergency Response Operations contamination, beta/gamma surface areas include residential areas, commercial/ These operational guidelines are designed contamination, and/or air concentration. industrial areas, and other areas such as to assist responders in decision making for Radionuclide-specific correction factors as parks, cemeteries, and monuments. Group C worker health and safety in the early to well as radionuclide-specific and respiratory operational guidelines also assist in efforts to intermediate phases of response when the protection-specific tables are also provided. ensure that facilities critical to the public situation has not been fully stabilized or Stay times are provided for a range of doses welfare can continue to operate, if needed. characterized. They are designed to guide (i.e., 0.1 rem (.001 Sv), 0.5 rem (.005 Sv), 1 These facilities include hospitals, airports, responders in establishing radiological rem (.01 Sv), 2 rem (.02 Sv), 5 rem (.05 Sv), railroads and ports, water and sewer control zones or boundaries for the areas 10 rem (.10 Sv), 25 rem (.25 Sv), 100 rem (1 facilities, and power and fuel facilities. These Sv), many of which correspond to guidelines operational guidelines are typically directly impacted by the RDD or IND used for workers and the public). expressed as soil, building, or street-surface incident where first responders and contamination concentrations (e.g., pCi/m2). emergency response personnel are working. (b) Group B: Early-Phase Protective Action They are not intended to restrict emergency (Evacuation or Sheltering) (d) Group D: Temporary Access to Relocation worker access, but rather to inform workers Group B operational guidelines are Areas for Essential Activities of potential radiological hazards that exist in designed to help decision makers make Group D operational guidelines pertain to the area and to provide tools to those timely protective action decisions, such as intermediate phase protective actions. They responsible for radiation protection during whether to evacuate or shelter the general are designed to assist in determining response activities. These operational public in the early phase. These operational constraints necessary to allow for temporary guidelines may be used to restrict the access guidelines are similar to values presented in access to restricted (relocation) areas. For of nonessential personnel and members of the FRMAC Assessment Manual for example, the public, or owners/employees of the public to specific areas. Examples of evacuation and sheltering. Group B businesses, may need temporary access to operational guidelines developed in this operational guidelines are typically residences, or commercial, agricultural, or group include life- and property-saving expressed as limiting concentrations of industrial facilities in order to retrieve measures and emergency worker zone radioactivity in surface soil. essential records, conduct maintenance to demarcation. protect facilities, prevent environmental Group A operational guidelines are (c) Group C: Relocation and Critical damage, attend to animals, or retrieve pets. expressed as a series of reference ‘‘stay time’’ Infrastructure Utilization in Affected Areas These operational guidelines describe the tables for responders who may have only These operational guidelines are intended level and timeframes at which these actions limited health physics information and for early-to intermediate-phase protective can be taken without supervision or personal protective equipment at the time of actions. They are designed for use in radiological protections. The public or the response. For example, the health physics deciding whether to relocate the public from employees may occasionally (e.g., a few days information available to them could include affected areas for a protracted period of time. per month) access areas that do not exceed or be limited to measurements of the external Screening values are provided to delineate these guidelines. Temporary access to

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relocation areas that exceed these levels establish three property categories: at greater been growing during the incident. Subgroups should be permitted only under the than 200 times ANSI N13.12 screening levels, G.3 and G.4 are intended for use of soil in supervision, or with the permission of, monitored remediation or control is the intermediate to long-term recovery radiation protection personnel. The recommended; at levels between 10 and 200 phases and can be used for placing land use guidelines are typically expressed in terms of times the levels, self-remediation restrictions on agricultural activities after an stay-times during which the public or (conventional washing) of the property is RDD incident. They can be used to determine employees may access the areas without recommended as soon as practical; and if crops can be grown on residually receiving a predetermined dose. below the self-remediation levels, no control contaminated soil to produce a harvest that or protective action is necessary. would be acceptable for public consumption. (e) Group E: Transportation and Access Operational guidelines for real property Routes (buildings and lands) are designed to assist (h) Derivation of Operational Guidelines These operational guidelines apply to on-scene decision-making, and in Operational guidelines for each group are intermediate phase actions. They are development of the cleanup options being derived through a systematic approach designed to assist in determining whether described in section (d)(4), Late Phase in which, (1) applicable release/exposure transportation routes (e.g., bridges, highways, Guidance, of this document. Section (d)(4) on scenarios for each group were defined, (2) streets) or access ways (e.g., sidewalks and long-term cleanup incorporates the principle appropriate human receptors for each walkways) may be accessed by the public for of site-specific optimization, and highlights scenario were identified, and (3) the receptor general, limited, or restricted use. The stakeholder involvement and shared doses from applicable exposure pathways relocation PAGs serve as the basis for these accountability. The guidelines for real were estimated. Operational guidelines operational guidelines. For example, property are unique in that there is no one (Groups A–G; see Table 4A), which operational guidelines may be defined for specific, predefined numeric criterion (i.e., correspond to specific PAGs, were derived industrial or commercial use of various expressed in terms of concentration, dose, or for 11 potential RDD radionuclides:10 Am- roads, bridges, or access ways. These may be risk) on which to base decisions. These 241, Cf-252, Cm-244, Co-60, Cs-137, Ir-192, necessary to allow for access between non- guidelines are intended to be utilized in the Po-210, Pu-238, Pu-239, Ra-226, and Sr-90. relocation areas via a highway that passes optimization process, which will likely The concepts and overarching methodology through a relocation area or for access to consider the magnitude and extent of the used to derive operational guidelines for recovery areas in the immediate area of an contamination and the radionuclide(s) RDD-related radionuclides could also be incident. These operational guidelines involved, the proposed long-term land and generally applied, with modifications, to assume regular or periodic use and are not building use in the affected areas, the need radionuclides associated with an IND. appropriate for one-time events, such as for expedited recovery, public welfare issues, Additional RDD or IND incident scenarios evacuation or relocation actions. They are the cost impacts for each proposed cleanup were analyzed to support the derivation of typically expressed as surface contamination option, the ecological considerations, and the operational guideline groups and 2 concentrations (e.g., pCi/m ). other factors. Real property operational subgroups described above. Two of these (f) Group F: Release of Property From guidelines are provided as reference values additional scenarios involve the use of water Radiologically Controlled Areas (e.g., soil and building-surface concentrations to flush streets and clean vehicles. or risks) that can be used as a starting point Accordingly, operational guidelines for street Group F operational guidelines are for evaluating options and impacts relative to flushing and cleaning contaminated vehicles intended for intermediate to long-term a range of dose or risk-based benchmarks are also provided. The operational guidelines recovery-phase protective actions. During (e.g., 500, 100, 25, or 4 millirem per year; will be submitted in the Federal Register for response and recovery operations, property lifetime risk ranges, and others) that could be comment prior to finalization. and wastes must be cleared from considered as part of cleanup options radiologically controlled areas (relocation analysis. Thus, they are not regulatory dose Appendix 5—References and Resources areas). Property includes personal property, limits or criteria, but serve as concentration debris and non-radiological wastes, ‘‘Access to Employee and Medical Records.’’ hazardous waste, and real property (e.g., values that provide support to the Occupational Safety and Heath Standards. buildings and lands). These operational optimization analyses. 29 CFR part 1910.1020. guidelines support such actions. Because (g) Group G: Food Consumption ‘‘Accidental Radioactive Contamination of subsequent retrieval of cleared, or released, Human Food and Animal Feeds: Group G operational guidelines apply to properties will be difficult, these levels Recommendations for State and Local early through long-term recovery phase should be consistent with late-phase cleanup Agencies’’, U.S. Department of Health and protective actions, as needed. They are goals wherever practicable. For this reason, Human Services, Food and Drug designed to aid in decision making about the they should not be applied to property that Administration, August 13, 1998. need for placing restrictions on consumption will continue to be used within controlled ‘‘Developing Radiation Emergency Plans for of contaminated foods or on agricultural areas. These operational guidelines should Academic, Medical or Industrial also be used for screening property that was products during and following an RDD or Facilities.’’ National Council on Radiation located outside the controlled area for IND incident. Four subgroups were Protection and Measurement (NCRP). possible contamination. In general, the developed (Subgroups G.1–G.4; see Table NCRP Report No. 111 (1991). operational guidelines in this group provide 4A), which are intended for use in ‘‘Framework for Environmental Health Risk reasonable assurance that the cleared conjunction with the operational guidelines Management.’’ Commission on Risk property is acceptable for long-term, in other groups. Subgroup G.1 guidelines Assessment and Risk Management (1997). unrestricted use (or appropriate disposition, pertain to food consumption in the early ‘‘FRMAC Radiological Emergency Response in the case of wastes) without further response phase immediately after an Health and Safety Manual’’ (May 2001), radiological reassessment or control. incident. These guidelines can be used to see, http://www.nv.doe.gov/ For personal property such as vehicles and screen against measured concentrations taken nationalsecurity/homelandsecurity/frmac/ equipment, the operational guideline values from previously harvested food or from default.htm. were derived using the ANSI N13.12 animal products exposed during the incident. ‘‘Guidance: Potassium Iodide as a Thyroid standard clearance screening levels.9 These Subgroup G.1 guidelines also can be used to Blocking Agent in Radiation Emergencies.’’ draft operational guidelines are available for determine the need for a food embargo, or Food and Drug Administration, 66 FR review and use as appropriate at http:// restrictions on consumption of contaminated 64046, Dec. 11, 2001. www.ogcms.energy.gov. The guidelines foods. Subgroup G.2 guidelines, soil ‘‘Hazardous Waste Operations and guidelines, also apply to the early phase of Emergency Response.’’ Occupational 9 response, but they are intended for use in The American National Standards Institute evaluating crops or animal products exposed (ANSI) produces consensus based national 10 These radionuclides were determined by a joint standards. ANSI standard N13.12, Surface and during the RDD incident (e.g., after the plume DOE and NRC study to be the most likely sources Volume Radioactivity Standards for Clearance, can has passed). They serve as a comparison with available for potential terrorist use in an RDD be found at http://hps.org/hpssc/ measured concentrations taken from surface (Interagency Working Group on Radiological N13_12_1999.html. soil in which plant foods and fodder had Dispersal Devices, May 2003) (DOE/NRC 2003).

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Safety and Health Standards. 29 CFR part ‘‘Standards for Protection Against FDA Food and Drug Administration, U.S. 1910.120. Radiation.’’ Nuclear Regulatory Department of Health and Human Services. ‘‘Health Effects Summary Tables,’’ Commission. 10 CFR part 20. FRMAC Federal Radiological Monitoring Environmental Protection Agency, http:// ‘‘Surface and Volume Radioactivity and Assessment Center—A coordinating www.epa.gov/radiation/heast/. Standards for Clearance.’’ American center for Federal, State, and local field ‘‘Health Risks from Exposure to Low Levels National Standards Institute (ANSI), personnel performing radiological of Ionizing Radiation: BEIR VII Phase 2.’’ N13.12 (1999). monitoring and assessment—specifically, National Research Council of The National providing data collection, data analysis Academies (2006). Appendix 6—Acronyms/Glossary and interpretation, and finished products ‘‘Ionizing Radiation.’’ Occupational Safety AMS Aerial Measuring System—A DOE to decision makers. The FRMAC is a and Health Standards. 29 CFR part technical asset consisting of both fixed deployable asset of the NIRT administered 1910.1096. wing and helicopter systems for measuring by DOE. For more information, see http:// ‘‘Key Elements of Preparing Emergency radiation on the ground; a deployable asset www.nv.doe.gov/nationalsecurity/ Responders for Nuclear and Radiological of the NIRT. homelandsecurity/frmac/default.htm. Terrorism.’’ National Council on Radiation ALARA As low as reasonably achievable— FRN Federal Register Notice. Protection and Measurements (NCRP). A process to control or manage radiation Gy One gray is equal to an absorbed dose NCRP Commentary No. 19 (2005). exposure to individuals and releases of (mean energy imparted to a unit of matter ‘‘Management of Equipment Contaminated radioactive material to the environment so mass) of 1 joule/kilogram. 1 gray (Gy) = with Depleted Uranium or Radioactive that doses are as low as social, technical, 10,000 erg/g = 100 rad. Commodities.’’ Army Regulation 700–48 economic, practical, and public welfare HHS U.S. Department of Health and Human (2002). considerations permit. Services. ‘‘Management Of Terrorist Events Involving ANSI American National Standards HAZWOPER Hazardous Waste Operations Radioactive Material.’’ National Council on Institute. and Emergency Response Standard (29 Radiation Protection and Measurements ARS Acute Radiation Syndrome. CFR 1910.120). (NCRP). NCRP Report No. 138 (2001). CERCLA Comprehensive Environmental HSPD Homeland Security Presidential ‘‘Manual of Protective Action Guides and Response, Compensation, and Liability Directive—Executive Order issued to the Protective Actions for Nuclear Incidents’’ Act, commonly known as Superfund. This Federal agencies by the President on (1992 EPA PAG Manual). EPA 400–R–92– legislation was enacted by Congress in matters pertaining to Homeland Security. 001 (1992). 1980 to protect households and IC/UC Incident Command/Unified National Response Framework, U.S. communities from abandoned toxic waste Command—A system to integrate various Department of Homeland Security (2008). sites. necessary functions to respond to National Incident Management System, U.S. CFR Code of Federal Regulations. emergencies. The system is widely used by Department of Homeland Security (2007). CMS Consequence Management Site local responders. Under Unified ‘‘National Oil and Hazardous Substances Restoration, Cleanup and Decontamination Command, multiple jurisdictional Pollution Contingency Plan.’’ 40 CFR part Subgroup. authorities are integrated. 300. DEST Domestic Emergency Support ICP Incident Command Post—The field ‘‘Occupational Radiation Protection.’’ Team—A technical advisory team designed location where the primary functions are Department of Energy. 10 CFR part 835. to pre-deploy and assist the FBI Special performed. The ICP may be co-located with ‘‘Preliminary Report on Operational Agent in Charge. The DEST may deploy the incident base or other incident Guidelines Developed for Use in after an incident to assist the FBI. facilities. Emergency Preparedness and Response to DHS U.S. Department of Homeland ICRP International Commission on Security. a Radiological Dispersal Device Incident.’’ Radiological Protection. DIL Derived Intervention Level—The DOE/HS–0001. http:// ICS Incident Command System—A concentration of a radionuclide in food www.ogcms.energy.gov. standardized, on-scene, all-hazard incident expressed in Becquerel/kg which, if ‘‘Protective Action Guides for Radiological management concept. ICS is based upon a present throughout the relevant period of flexible, scalable response organization Dispersal Device (RDD) and Improvised time (with no intervention), could lead to Nuclear Device (IND) Incidents; Notice.’’ an individual receiving a radiation dose providing a common framework within 71 FR 174, Jan. 3, 2006. equal to the PAG. which people can work together ‘‘Radiation Protection Guidance to Federal DOD U.S. Department of Defense. effectively. Agencies for Occupational Exposure.’’ DOE U.S. Department of Energy. IND Improvised Nuclear Device—An illicit Presidential Directive. 52 FR 2822, Jan. 27, DRL Derived Response Level—A level of nuclear weapon that is bought, stolen, or 1987. radioactivity in an environmental medium otherwise obtained from a nuclear State, or ‘‘Radiological Dispersal Devices: An Initial that would be expected to produce a dose a weapon fabricated by a terrorist group Study to Identify Radioactive Materials of equal to its corresponding PAG. from illegally obtained fissile nuclear Greatest Concern and Approaches to their EMP Electromagnetic Pulse— weapons material and produces a nuclear Tracking, Tagging, and Disposition.’’ DOE/ Electromagnetic radiation from a nuclear explosion. NRC Interagency Working Group on explosion. JFO Joint Field Office—The operations of Radiological Dispersal Devices, Report to EMS Emergency Medical Service. the various Federal entities participating in the NRC and the Secretary of Energy EOC Emergency Operations Center—A a response at the local level should be (2003). response entity’s central command and collocated in a Joint Field Office whenever ‘‘Reporting and Recording Occupational control center for carrying out emergency possible, to improve the efficiency and Injuries and Illnesses.’’ U.S. Department of management functions. effectiveness of Federal incident Energy Occupational Safety and Health EPA U.S. Environmental Protection management activities. Standards. 29 CFR part 1904. Agency. JFO Unified Coordination Group JFO ‘‘Risks from Low-Level Environmental ESF Emergency Support Function—The structure is organized, staffed and managed Exposure to Radionuclides,’’ Federal ESFs provide the structure for coordinating in a manner consistent with NIMS Guidance Report 13, Environmental Federal interagency support for domestic principles and is led by the Unified Protection Agency, January 1998, EPA incident response. Coordination Group. Personnel from 402–R–97–014. FBI Federal Bureau of Investigation, U.S. Federal and State departments and ‘‘Standards for Cleanup Of Land and Department of Justice. agencies, other jurisdictional entities and Buildings Contaminated with Residual FCO Federal Coordinating Officer— private sector businesses and NGOs may be Radioactive Materials from Inactive Appointed by the Director of the Federal requested to staff various levels of the JFO, Uranium Processing Sites.’’ Health and Emergency Management Agency, on behalf depending on the requirements of the Environmental Protection Standards for of the President, to coordinate federal incident. Uranium and Thorium Mill Tailings. 40 assistance to a state affected by a disaster JIC Joint Information Center—A focal point CFR part 192.10–12. or emergency. for the coordination and provision of

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information to the public and media oversee and coordinate Federal activities Sv Sievert; the SI unit of radiation dose concerning the Federal response to the for the incident. equivalent. 1 Sv = 100 rem. emergency. PIO Public Information Officer—The PIO TEDE Total effective dose equivalent—The JOC Joint Operations Center—The focal acts as the communications coordinator or sum of the effective dose equivalent from point for management and coordination of spokesperson within the Incident external radiation exposure and the local, State and Federal investigative/law Command System. committed effective dose equivalent from enforcement activities. PPE Personal protective equipment. internal exposure. KI Potassium Iodide. R Roentgen—Measure of exposure in air. Dated: July 18, 2008. LNT or LNT model—Linear no-threshold Rad Radiation absorbed dose. One rad is Michael Chertoff, dose-response for which any dose greater equal to an absorbed dose of 100 erg/gram than zero has a positive probability of or 0.01 joule/kilogram. 1 rad = 0.01 gray Secretary, U.S. Department of Homeland producing an effect (e.g. , mutation or (Gy). Security. cancer). The probability is calculated either RAP Radiological Assistance Program—A [FR Doc. E8–17645 Filed 7–31–08; 8:45 am] from the slope of a linear (L) model or from DOE emergency response asset that can BILLING CODE 9110–21–P the limiting slope, as the dose approaches rapid deploy at the request of State or local zero, of a linear-quadratic (LQ) model. governments for technical assistance in MERRT Medical Emergency Radiological radiological incidents. RAP teams are a Response Team—Provides direct patient deployable asset of the NIRT. DEPARTMENT OF HOMELAND treatment, assists and trains local health RDD Radiological Dispersal Device—Any SECURITY care providers in managing, handling, and device that causes the purposeful treatment of radiation exposed and dissemination of radioactive material, Transportation Security Administration contaminated casualties, assesses the across an area with the intent to cause impact on human health, and provides harm, without a nuclear detonation Extension of Agency Information consultation and technical advice to local, occurring. Collection Activity Under OMB Review: State, and Federal authorities. REAC/TS Radiation Emergency Assistance TSA Customer Comment Card NCP National Oil and Hazardous Center/Training Site—A DOE asset located Substances Pollution Contingency Plan (40 in Oak Ridge, TN, with technical expertise AGENCY: Transportation Security CFR part 300)—The Plan provides the in medical and health assessment Administration, DHS. organizational structure and procedures for concerning internal and external exposure ACTION: 30 Day Notice. preparing for and responding to discharges to radioactive materials. REAC/TS is a of oil and releases of hazardous substances, deployable asset of the NIRT. SUMMARY: This notice announces that pollutants, and contaminants. Rem Roentgen Equivalent Man; the the Transportation Security NCRP National Council on Radiation conventional unit of radiation dose Administration (TSA) has forwarded the Protection and Measurements. equivalent. 1 rem = 0.01 sievert (Sv). Information Collection Request (ICR) NIEHS National Institute for Environmental REMM Radiation Event Medical abstracted below to the Office of Health Sciences. Management—A Web-based algorithm NIMS National Incident Management providing just-in-time information for Management and Budget (OMB) for System—The Homeland Security Act of medical responders. It is also useful for review and approval of an extension of 2002 and HPSD–5 directed the DHS to education and training. Developed by the the currently approved collection under develop NIMS. The purpose of the NIMS Office of Assistant Secretary for the Paperwork Reduction Act. The ICR is to provide a consistent nationwide Preparedness and Response and the describes the nature of the information approach for Federal, State, and local National Library of Medicine. Available at collection and its expected burden. TSA governments to work effectively and http://www.remm.nlm.gov. published a Federal Register notice, efficiently together to prepare for, respond RERT Radiological Emergency Response with a 60-day comment period soliciting to, and recover from domestic incidents. Team—An EPA team trained to do comments, of the following collection of NIRT Nuclear Incident Response Team— environmental sampling and analysis of Created by the Homeland Security Act of radionuclides. RERT provides assistance information on May 9, 2008, 73 FR 2002, the NIRT consists of radiological during responses and takes over operation 26404. TSA uses a customer comment emergency response assets of the DOE and of the FRMAC from DOE at a point in time card to collect passenger comments the EPA. When called upon by the after the emergency phase. RERT is a including complaints, compliments, and Secretary for Homeland Security for actual deployable asset of the NIRT. suggestions at airports. or threatened radiological incidents, these Shelter-in-Place The use of a structure for DATES: Send your comments by assets come under the ‘‘authority, radiation protection from an airborne September 2, 2008. A comment to OMB direction, and control’’ of the Secretary. plume and/or deposited radioactive NOC National Operations Center. materials. is most effective if OMB receives it NPP Nuclear Power Plant. SI International System of Units. within 30 days of publication. NRC U.S. Nuclear Regulatory Commission. Stakeholder A stakeholder is anybody with ADDRESSES: Interested persons are NRF National Response Framework—The an interest (a ‘stake’) in a problem and its invited to submit written comments on successor to the National Response Plan. solution. The involvement of stakeholders the proposed information collection to The Framework presents the doctrine, (i.e., parties who have interests in and the Office of Information and Regulatory principles, and architecture by which our concern about a situation) is seen as an Affairs, Office of Management and nation prepares for and responds to all- important input to the optimization Budget. Comments should be addressed hazard disasters across all levels of process. It is a proven means to achieve government and all sectors of incorporation of values into the decision- to Nathan Lesser, Desk Officer, communities. making process, improvement of the Department of Homeland Security/TSA, OSHA Occupational Safety and Health substantive quality of decisions, resolution and sent via electronic mail to Administration, U.S. Department of Labor. of conflicts among competing interests, [email protected] or faxed PAG Protective Action Guide—The building of shared understanding with to (202) 395–6974. projected dose to a reference individual, both workers and the public, and building FOR FURTHER INFORMATION CONTACT: from an accidental or deliberate release of of trust in institutions. Furthermore, Joanna Johnson, Communications radioactive material at which a specific involving all concerned parties reinforces protective action to reduce or avoid that the safety culture, and introduces the Branch, Business Management Office, dose is recommended. necessary flexibility in the management of Operational Process and Technology, PFO Principal Federal Official—The PFO the radiological risk that is necessary to TSA–11, Transportation Security will act as the Secretary of Homeland achieve more effective and sustainable Administration, 601 South 12th Street, Security’s local representative, and will decisions. Arlington, VA 22202–4220; telephone

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(571) 227–3651; facsimile (571) 227– DEPARTMENT OF HOUSING AND management and natural resources 3588. URBAN DEVELOPMENT agencies. Agenda topics will be provided under the SUPPLEMENTARY SUPPLEMENTARY INFORMATION: [Docket No. FR–5186–N–31] INFORMATION section of this notice. Comments Invited Federal Property Suitable as Facilities Meetings of the Interim Steering In accordance with the Paperwork To Assist the Homeless Committee for the National Climate Reduction Act of 1995 (44 U.S.C. 3501 Change and Wildlife Science Center are AGENCY: Office of the Assistant et seq.), an agency may not conduct or open to the public. Secretary for Community Planning and sponsor, and a person is not required to ADDRESSES: The meeting location is Development, HUD. respond to, a collection of information Main Interior Building, Department of unless it displays a valid OMB control ACTION: Notice. the Interior 1849 C Street, NW., number. Therefore, in preparation for Washington, DC 20240, North SUMMARY: This Notice identifies Penthouse, 7th floor. OMB review and approval of the unutilized, underutilized, excess, and following information collection, TSA is surplus Federal property reviewed by DATES: August 14, 2008, commencing at soliciting comments to— HUD for suitability for possible use to 9:15 a.m. and adjourning at 12 p.m. (1) Evaluate whether the proposed assist the homeless. FOR FURTHER INFORMATION CONTACT: Dr. information requirement is necessary for DATES: Effective Date: August 1, 2008. Robin P. White, U.S. Geological Survey, the proper performance of the functions 12201 Sunrise Valley Drive, Reston, of the agency, including whether the FOR FURTHER INFORMATION CONTACT: Kathy Ezzell, Department of Housing Virginia 20192, 304–724–4503, information will have practical utility; [email protected]. (2) Evaluate the accuracy of the and Urban Development, 451 Seventh agency’s estimate of the burden; Street, SW., Room 7262, Washington, SUPPLEMENTARY INFORMATION: The (3) Enhance the quality, utility, and DC 20410; telephone (202) 708–1234; National Climate Change and Wildlife clarity of the information to be TTY number for the hearing- and Science Center Interim Steering collected; and speech-impaired (202) 708–2565, (these Committee is comprised of members (4) Minimize the burden of the telephone numbers are not toll-free), or from Federal and State government. The collection of information on those who call the toll-free Title V information line Interim Steering Committee shall advise are to respond, including using at 800–927–7588. the Director of the U.S. Geological appropriate automated, electronic, SUPPLEMENTARY INFORMATION: In Survey (USGS) on matters relating to the mechanical, or other technological accordance with the December 12, 1988 development of the National Climate collection techniques or other forms of court order in National Coalition for the Change and Wildlife Science Center. Matters To Be Considered: The information technology. Homeless v. Veterans Administration, No. 88–2503–OG (D.D.C.), HUD meeting will begin with Federal, State Information Collection Requirement publishes a Notice, on a weekly basis, and non-governmental organizations Title: TSA Customer Comment Card. identifying unutilized, underutilized, provided an opportunity to outline Type of Request: Extension of a excess and surplus Federal buildings priority wildlife climate change research currently approved collection. and real property that HUD has needs. The committee will discuss and identify common themes and unique OMB Control Number: 1652–0030. reviewed for suitability for use to assist needs for support of land and resource Forms(s): TSA Customer Comment the homeless. Today’s Notice is for the management agencies. The meeting will Card. purpose of announcing that no additional properties have been conclude with identification of next Affected Public: Airline Passengers. steps for implementation of the National Abstract: The Transportation Security determined suitable or unsuitable this week. Climate Change and Wildlife Science Administration (TSA) is seeking Center. renewal of the TSA Customer Comment Dated: July 24, 2008. Card information collection. The card is Mark R. Johnston, Dated: July 25, 2008. being used by TSA at airports to collect Deputy Assistant Secretary for Special Needs. Sue Haseltine, customer comments, complaints, [FR Doc. E8–17360 Filed 7–31–08; 8:45 am] Associate Director for Biology. compliments, and suggestions. This BILLING CODE 4210–67–P [FR Doc. E8–17537 Filed 7–31–08; 8:45 am] collection continues a voluntary BILLING CODE 4311–AM–P program for passengers to provide feedback to TSA regarding their DEPARTMENT OF THE INTERIOR experiences with TSA security DEPARTMENT OF THE INTERIOR procedures. This collection of Geological Survey information allows TSA to evaluate and Bureau of Land Management address customer concerns about Interim Steering Committee for the [F–19329–B; AK–964–1410–HY–P] security procedures and policies. National Climate Change and Wildlife Number of Respondents: 150,000. Science Center Alaska Native Claims Selection Estimated Annual Burden Hours: AGENCY: U.S. Geological Survey, AGENCY: Bureau of Land Management, 12,500. Interior. Interior. Issued in Arlington, Virginia, on July 28, ACTION: Notice of open public meeting. ACTION: Notice of decision approving 2008. lands for conveyance. Kriste Jordan, SUMMARY: Pursuant to Public Law 106– Program Manager, Business Improvements 503, the Interim Steering Committee for SUMMARY: As required by 43 CFR and Communications, Office of Information the National Climate Change and 2650.7(d), notice is hereby given that an Technology. Wildlife Science Center will hold a appealable decision approving lands for [FR Doc. E8–17646 Filed 7–31–08; 8:45 am] meeting to discuss priority wildlife conveyance pursuant to the Alaska BILLING CODE 9110–05–P climate change research needs of land Native Claims Settlement Act will be

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issued to Mendas Cha¯-A¯ g Native DEPARTMENT OF THE INTERIOR Conservation Area. The main issues Corporation. The lands are in the addressed in the Final EIS were vicinity of Healy Lake, Alaska, and are Bureau of Land Management geothermal resource leasing, recreation, located in: [Cost Code: 1220 AL] and special status species. Three alternatives were analyzed in the Final Copper River Meridian, Alaska Notice of Availability of Record of EIS: (1) No action, which would not T. 26 N., R. 5 E., Decision for the Truckhaven lease any geothermal resources; (2) Secs. 21 and 22; Geothermal Leasing Area Final leasing only lands with existing Secs. 27, 28, and 29; Environmental Impact Statement, noncompetitive lease applications; and Secs. 32 and 33. California (3) the proposed action, which would Containing 4,325.95 acres. offer all BLM managed lands within this AGENCY: Bureau of Land Management, area for lease, subject to certain Fairbanks Meridian, Alaska Interior. stipulations and mitigation measures to T. 12 S., R. 15 E., ACTION: Record of Decision. be applied either at lease issuance or at Secs. 13 and 24. the development stage. Containing 819.88 acres. SUMMARY: In accordance with the T. 11 S., R. 16 E., National Environmental Policy Act of After careful consideration of all Sec. 12. 1969 (NEPA, 42 U.S.C. 4321 et seq.), the factors, including balancing the need for Federal Land Policy and Management renewable energy, the need to protect Containing 640 acres. Act of 1976 (FLPMA, 43 U.S.C. 1701 et Aggregating 5,785.83 acres. biological, cultural and visual values, seq.) and the Bureau of Land and the need to maintain areas for The subsurface estate in these lands Management (BLM) management recreational opportunities associated will be conveyed to Doyon, Limited, policies, the BLM announces the with the Ocotillo Wells State Vehicle when the surface estate is conveyed to availability of the Record of Decision Recreation Area, the BLM has selected Mendas Cha¯-A¯ g Native Corporation. (ROD) for the Truckhaven Geothermal Alternative 3 as the preferred Notice of the decision will also be Leasing Area, Imperial County, managed alternative. Some areas will be required published four times in the Fairbanks by the El Centro Field Office. The El by stipulation to unitize as appropriate Centro Field Manager has signed the Daily News-Miner. in order to consolidate production ROD, which constitutes the final facilities and, thereby, minimize surface DATES: The time limits for filing an decision of the BLM. impacts. Two power plants are appeal are: DATES: The appeal period will end 30 anticipated to be constructed within the 1. Any party claiming a property days after publication of this notice in planning area, which would involve an interest which is adversely affected by accordance with 43 CFR 4.411(a). initial disturbance of approximately 502 the decision shall have until September ADDRESSES: Copies of the ROD are acres. Following construction, 2, 2008 to file an appeal. available upon request from the Field approximately 95 acres would be Manager, El Centro Field Office, Bureau reclaimed, leaving approximately 405 2. Parties receiving service of the of Land Management, 1661 S. 4th Street, acres disturbed by roads, well pads, decision by certified mail shall have 30 El Centro, CA 92243 or via the Internet pipelines, and the two plants. Various days from the date of receipt to file an at http://www.ca.blm.gov/elcentro. site-specific Conditions of Approval appeal. Copies of the ROD are available for will be imposed at the development Parties who do not file an appeal in public inspection at the following stage to protect other resources and accordance with the requirements of 43 locations: uses. • CFR Part 4, Subpart E, shall be deemed Bureau of Land Management, Comments on the Truckhaven to have waived their rights. California State Office, 2800 Cottage Geothermal Leasing Area Draft EIS Way, Suite W–1834, Sacramento, CA ADDRESSES: A copy of the decision may received from the public and via 95825. internal BLM review were incorporated be obtained from: Bureau of Land • Bureau of Land Management, El into the Final EIS. These comments Management, Alaska State Office, 222 Centro Field Office, 1661 S. 4th Street, resulted in corrections, clarifying text, West Seventh Avenue, #13, Anchorage, El Centro, CA 92243. and the addition of new data used in the Alaska 99513–7504. • Bureau of Land Management, analysis of impacts. The Final EIS California Desert District, 22835 Calle FOR FURTHER INFORMATION, CONTACT: The Truckhaven Geothermal Leasing Area Bureau of Land Management by phone San Juan De Los Lagos, Moreno Valley, CA 92553. addresses comprehensive, long-range at 907–271–5960, or by e-mail at decisions for the use and management FOR FURTHER INFORMATION CONTACT: [email protected]. Persons John of geothermal resources in the planning who use a telecommunication device Dalton, Truckhaven Geothermal Leasing area and management of other resources (TTD) may call the Federal Information Area EIS Project Manager, at (951) 691– and uses potentially affected by 5200, Bureau of Land Management, Relay Service (FIRS) at 1–800–877– geothermal resource management 22835 Calle San Juan De Los Lagos, 8330, 24 hours a day, seven days a decisions. The ROD for this project Moreno Valley, CA 92553; addresses only BLM’s decisions for week, to contact the Bureau of Land [email protected]. Management. public lands and resources administered SUPPLEMENTARY INFORMATION: The by BLM. Barbara Opp Waldal, Truckhaven Geothermal Leasing Area Land Law Examiner, Land Transfer encompasses approximately 14,731 Sean E. Hagerty. Adjudication I. acres of Federal minerals in western Acting Deputy State Director, Division of [FR Doc. E8–17611 Filed 7–31–08; 8:45 am] Imperial County, California, north of Energy and Minerals, BLM—California State Office. BILLING CODE 4310–JA–P State Route 78 and generally west and south of County Highway S–22. The [FR Doc. E8–17556 Filed 7–31–08; 8:45 am] area is part of the California Desert BILLING CODE 4310–40–P

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DEPARTMENT OF THE INTERIOR ADDRESSES: Copies of the Moab Field acres of surface estate and 1.9 million Office PRMP/FEIS were sent to affected acres of Federal mineral estate within Bureau of Land Management Federal, state, and local government the planning area. agencies and to interested parties. [UT–060–1610–016J] The Moab RMP will provide future Copies of the PRMP/FEIS are available broad-scale management direction for Notice of Availability of Moab Field for public inspection at: land use allocations and allowable uses Moab Field Office, 82 East Dogwood, Office Proposed Resource on public lands within the planning Management Plan and Final Moab, UT, 84532. Utah State Office, 440 West 200 area. Implementation of the decisions of Environmental Impact Statement South, Salt Lake City, UT 84145. the PRMP/FEIS would apply only to BLM-administered public lands and AGENCY: Bureau of Land Management, Interested persons may also review Interior. the PRMP/FEIS on the Internet at Federal mineral estate. In the Moab http://www.blm.gov/ut/st/en/fo/moab/ Field Office Draft RMP/EIS (DRMP/ ACTION: Notice of Availability. planning.html. All protests must be in DEIS), which was released for a 90-day SUMMARY: In accordance with the writing and mailed to the following public review and comment period in National Environmental Policy Act of addresses: August 2007, four alternatives were 1969 and the Federal Land Policy and Regular Mail: BLM Director (210), analyzed, including a No Action Management Act of 1976, the Bureau of Attention: Brenda Hudgens-Williams, alternative. These alternatives were Land Management (BLM) has prepared P.O. Box 66538, Washington, DC 20035. developed through issue identification a Proposed Resource Management Plan/ Overnight Mail: BLM Director (210), during the scoping process. Such issues Final Environmental Impact Statement Attention: Brenda Hudgens-Williams, included: travel management, (PRMP/FEIS) for the Moab Field Office. 1620 L Street, NW., Suite 1075, recreation, special designations, Washington, DC 20036. DATES: The BLM planning regulations minerals, non-WSA lands with (43 CFR 1610.5–2) state that any person FOR FURTHER INFORMATION, CONTACT: wilderness characteristics. who meets the conditions as described Brent Northrup, Moab Field Office, 82 The PRMP/FEIS would designate five in the regulations may protest the BLM’s East Dogwood, Moab, UT, 84532; phone: new Areas of Critical Environmental PRMP/FEIS. A person who meets the (435)259–2100; or e-mail at: Concern (ACECs), and the continuation _ conditions and files a protest must file Brent [email protected]. of no existing ACECs, totaling 63,232 the protest within 30 days of the date SUPPLEMENTARY INFORMATION: The Moab acres. Resource use limitations that that the Environmental Protection RMP planning area is located in apply to the proposed ACECs include a Agency publishes this notice in the southeastern Utah. The BLM range of different prescriptions as Federal Register. administers approximately 1.8 million described in Table 1 below.

TABLE 1—EVALUATION OF AREAS OF CRITICAL ENVIRONMENTAL CONCERN

Area name Values of concern Resource use limitations Acres

Behind the Rocks...... Threatened, sensitive and endangered 1, 2, 3, 4, 5, 6, 7, 8 ...... 5,201 plants, cultural, scenic. Cottonwood Diamond Watershed ...... Natural systems ...... 4, 5 (outside WSA), 6 (outside WSA), 9, 35,830 10, 11 (inside WSA), 12, 13, 14 (inside WSA). Highway 279 Shafer Basin/Long Canyon Cultural, scenic, natural systems, wildlife 3, 5, 6, 7, 27 (except Highway 279 and 13,500 Long Canyon, 1), 28. Mill Creek Canyon ...... Cultural, scenic, natural systems ...... 1, 4, 5, 6, 7, 9, 15, 16, 17, 18, 19, 20, 21, 3,721 22. Ten Mile Wash...... Cultural, natural systems, natural haz- 5, 6, 7, 8, 9 (downstream from Dripping 4,980 ards, wildlife. Springs), 12, 23 (at Dripping Springs), 24, 25 (at Green River), 26. 1. VRM Class I. 2. No Vegetation treatments. 3. Vehicle-based camping, campfires only in campgrounds. 4. No new motorized or mechanized routes. 5. Motorized/ mechanized use limited to designated routes. 6. No surface occupancy for oil and gas leasing. 7. Preclude surface use. 8. No collection of woodland products. 9. Not available for livestock grazing. 10. Closed to vehicle use at the end of Class-B road system. 11. Closed to mechanized and motorized travel. 12. No competitive events. 13. Suspend commercial permits. 14. Closed to oil and gas leasing. 15. No vehicle-based camping. 16. No campfires in riparian areas. 17. No motorized competitive events. 18. Recreational events confined to designated roads. 19. Recreation facility limited to day-use only. 20. No recreational mining. 21. No fuel wood harvesting permits. 22. Campfire wood gathering in upland areas only. 23. Camping in designated sites only. 24. Establish speed limits. 25. Restrict vehicle access.

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26. Permits required for groups larger than 25 vehicles or if monitoring indicates long-term damage. 27. VRM Class I. 28. Permitted activities would be confined to main roads within crucial bighorn lambing habitat from April 1 through June 15. This restriction would not apply to filming if the filming meets the minimum impact criteria.

Comments on the Moab Field Office ACTION: Notice of filing of plat of survey. they have become final, including DRMP/DEIS received from the public decisions or appeals. SUMMARY: The Bureau of Land and internal BLM review were Dated: July 24, 2008. considered and incorporated as Management (BLM) will file the plat of Michael T. Birtles, appropriate into the PRMP/FEIS. Public survey of the lands described below in comments resulted in the addition of the BLM Montana State Office, Billings, Chief Cadastral Surveyor, Division of Resources. clarifying text, but did not significantly Montana, (30) days from the date of change proposed land use plan publication in the Federal Register. [FR Doc. E8–17613 Filed 7–31–08; 8:45 am] decisions. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310–$$–P Instructions for filing a protest with Marvin Montoya, Cadastral Surveyor, the Director of the BLM regarding the Branch of Cadastral Survey, Bureau of DEPARTMENT OF THE INTERIOR PRMP/FEIS may be found in the Dear Land Management, 5001 Southgate Reader Letter of the PRMP/FEIS and at Drive, Billings, Montana 59101–4669, Bureau of Land Management 43 CFR 1610.5–2. E-mail and faxed telephone (406) 896–5124 or (406) 896– protests will not be accepted as valid 5009. [ID 100 1150 MR 241A: DBG081010] protests unless the protesting party also SUPPLEMENTARY INFORMATION: This provides the original letter by either Notice of Public Meeting: Off-Highway survey was executed at the request of Vehicle and Recreation Transportation regular or overnight mail postmarked by the Fort Peck Agency, through the the close of the protest period. Under Management Sub-Group of the Rocky Mountain Regional Director, Resource Advisory Council to the these conditions, the BLM will consider Bureau of Indian Affairs, and was the e-mail or faxed protest as an Boise District, Bureau of Land necessary to determine Trust and Tribal Management, U.S. Department of the advance copy and it will receive full land. consideration. If you wish to provide Interior The lands we surveyed are: the BLM with such advance AGENCY: Bureau of Land Management, notification, please direct faxed protests Principal Meridian, Montana U.S. Department of the Interior. to the attention of the BLM protest T. 3 S., R. 33 E. ACTION: Notice of public meeting. coordinator at 202–452–5112, and e- The plat, in 2 sheets, representing the mails to Brenda_Hudgens- dependent resurvey of a portion of the SUMMARY: In accordance with the [email protected]. All protests, Buffalo Creek Guide Meridian, through Federal Land Policy and Management including the follow-up letter (if e- Township 3 South, a portion of the Act (FLPMA) and the Federal Advisory mailing or faxing) must be in writing Committee Act of 1972 (FACA), the U.S. and mailed to the appropriate address, subdivisional lines, a portion of the subdivision of section 18, the adjusted Department of the Interior, Bureau of as set forth in the ADDRESSES section original meanders of the former right Land Management (BLM) Boise District, above. Off-Highway Vehicle (OHV) and Before including your phone number, and left banks of the Big Horn River, downstream, through section 18, and Recreation Transportation Management e-mail address, or other personal Sub-group of the Resource Advisory identifying information in your protest, the subdivision of section 18, and the survey of a portion of the meanders of Council, will hold meetings as indicated you should be aware that your entire below. protest—including your personal the present right bank of the Big Horn DATES: The first meeting will be held identifying information—may be made River, downstream, through section 18, the meanders of the former right and left August 11, 2008, beginning at 7 p.m. publicly available at any time. While and adjourning at 9 p.m. The meeting you can ask us in your protest to banks of two relicted channels of the Big Horn River, downstream, through will be held in a meeting room at the withhold your personal identifying Owyhee County Historical Museum in information from public review, we section 18, the limits of erosion, through section 18, the medial line of two Murphy Idaho. A public comment cannot guarantee that we will be able to period will be held before the do so. relicted channels of the Big Horn River, through section 18, and certain division conclusion of the meeting. Selma Sierra, of accretion and partition lines FOR FURTHER INFORMATION CONTACT: MJ Utah State Director. Township 3 South, Range 33 East, Byrne, Public Affairs Officer and RAC Coordinator, BLM Boise District, 3948 Authority: 40 CFR 1506.6, 43 CFR 1610.2, Principal Meridian, Montana, was 43 CFR 1610.5–1. accepted July 18, 2008. Development Ave., Boise, ID 83705, We will place a copy of the plat, in Telephone (208) 384–3393. [FR Doc. E8–17554 Filed 7–31–08; 8:45 am] 2 sheets, and related field notes we SUPPLEMENTARY INFORMATION: The five- BILLING CODE 4310–DQ–P described in the open files. They will be member Sub-group provides advice to available to the public as a matter of the 15-member Council in the form of DEPARTMENT OF THE INTERIOR information. recommendations that relate to public If BLM receives a protest against this concerns regarding Off-Highway Vehicle Bureau of Land Management survey, as shown on this plat, in two (OHV) and Recreation Transportation sheets, prior to the date of the official Management actions and issues related [MT–926–1910–BJ–5RSD] filing, we will stay the filing pending to the BLM-managed public lands Montana: Filing of Plat of Survey our consideration of the protest. located in the Boise District. This advice We will not officially file this plat, in is then forwarded to the Secretary of the AGENCY: Bureau of Land Management, two sheets, until the day after we have Interior, through the BLM, in the form Montana State Office, Interior. accepted or dismissed all protests and of recommendations. Items on the

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agenda include review and discussion DATES: Written comments regarding the development in North Las Vegas and of requests for input by BLM during the proposed sale or the environmental Clark County. This substation RAC’s Field Tour of the Murphy Sub- assessment (EA) will be accepted until contributes an essential service to the region located in Owyhee County. September 15, 2008. neighboring area and its surroundings. Future sub-group meetings will be held ADDRESSES: Mail written comments to The substation consists of transformers, in order to provide opportunities for the the BLM Field Manager, Las Vegas Field insulators, busses, switches, breakers, public and interested stakeholder Office, 4701 N. Torrey Pines Drive, Las and distribution feeders. It generates groups to continue to provide input into Vegas, NV 89130. power and electrical energy for use in a future BLM actions related to OHV and FOR FURTHER INFORMATION CONTACT: one-mile radius. The proponent Recreation Transportation Management Manuela Johnson at (702) 515–5224. proposes to construct a concrete wall in this and other areas in the District. along the perimeter of the substation. SUPPLEMENTARY INFORMATION: The Public notice of future meetings will be The sale parcel was analyzed in the following described land, parcel N– provided through news releases and ‘‘Las Vegas Land Disposal Boundary 83621, is located in North Las Vegas at announcements in the local media. Environmental Impact Statement,’’ the northeast corner of Grand Teton Agenda items and location may change approved December 23, 2004 (EIS), Drive and Aliante Parkway. The parcel due to changing circumstances, which is available for public review at is legally described as: including wildfire emergencies. All the Las Vegas Field Office. The parcel meetings are open to the public. The Mount Diablo Meridian, Nevada was analyzed in an EA for this sale, public may present written comments to T. 19 S., R. 61 E., which tiers to the EIS. the Sub-group. Each Sub-group meeting Sec. 8, portion of lot 13 (N1/2SW1/4 of lot Certain minerals for this parcel will will also have time allocated for hearing 13). be reserved to the United States in public comments. Depending on the The area described contains 5.19 acres, accordance with BLM approved Mineral number of persons wishing to comment more or less. Potential Report, dated October 5, 2006. and time available, the time for This parcel of land is offered for sale Information pertaining to the individual oral comments may be to NPC at no less than the fair market reservation of minerals specific to the limited. Individuals who plan to attend value (FMV) of $467,000 as determined parcel is located in the case file and and need special assistance, such as by the authorized officer. An appraisal available for review at the Las Vegas sign language interpretation, tour report has been prepared by a state Field Office. Terms and Conditions of Sale: The transportation or other reasonable certified appraiser for the purposes of patent issued would contain the accommodations, should contact the establishing FMV. following numbered reservations, BLM Coordinators as provided above. This sale is in conformance with the covenants, terms and conditions: Expedited publication is requested to Las Vegas Resource Management Plan give the public adequate notice. 1. All oil and gas and saleable (RMP), approved October 5, 1998. BLM minerals are reserved to the United Dated: July 28, 2008. has determined that the proposed action States, its permittees, licensees and Aden L. Seidlitz, conforms to the land use plan decision, lessees, together with the right to District Manager. LD–1, in that RMP. The land contains prospect for, mine, and remove the [FR Doc. E8–17658 Filed 7–31–08; 8:45 am] no other known public values. The minerals under applicable law and such parcel has not been identified for BILLING CODE 4310–GG–P regulations as the Secretary of the transfer to the State or any other local Interior may prescribe, along with all government or non-profit organization. necessary access and exit; DEPARTMENT OF THE INTERIOR The EA, master title plat, map, and 2. A right-of-way is reserved for approved appraisal report for the ditches and canals constructed by Bureau of Land Management proposed sale are available for review at authority of the United States under the the Las Vegas Field Office. Act of August 30, 1890 (43 U.S.C. 945); [NV–056–5853–EU; N–83621; 8–08807; A direct sale (without competition) TAS:14X5232] 3. The parcel is subject to valid may be used when, in the opinion of the existing rights; Notice of Realty Action: Direct Sale of authorized officer, a competitive sale is 4. Those rights for fiber optic line Public Lands in Clark County, NV not appropriate and the public interest purposes which have been granted to would best be served by direct sale. Nevada Power Co., its successors and AGENCY: Bureau of Land Management, Examples include, but are not limited assigns, by right-of-way No. N–76304, Interior. to: (1) A tract identified for sale that is pursuant to the Act of October 21, 1976 ACTION: Notice. an integral part of a project of public (43 U.S.C. 1761); importance and speculative bidding 5. Those rights for substation, SUMMARY: The Bureau of Land would jeopardize a timely completion transmission line and access road Management (BLM) proposes to offer by and economic viability of the project; purposes which have been granted to non-competitive sale one parcel of land and (2) there is a need to recognize an Nevada Power Co., its successors and in northwest Las Vegas, Nevada totaling authorized use such as an existing assigns, by right-of-way No. N–76305, approximately 5.19 acres to Nevada business which could suffer a pursuant to the Act of February 15, 1901 Power Company (NPC). This land has substantial economic loss if the tract (43 U.S.C. 959); been examined and found suitable for were purchased by other than the 6. Those rights for road, utility and disposal utilizing direct sale procedures. authorized user. drainage purposes which have been The authority for the sale is under An existing NPC authorized site-type granted to the City of North Las Vegas, Sections 203 and 209 of the Federal right-of-way, N–76305, known as the its successors and assigns, by right-of- Land Policy and Management Act of Grand Teton substation encumbers the way No. N–76357, pursuant to the Act 1976 (FLPMA), 43 U.S.C. 1713 and entire sale parcel. This substation lies in of October 21, 1976 (43 U.S.C. 1761); 1719, respectively, and BLM land sale the northwestern portion of Government 7. Those rights for underground water and mineral conveyance regulations at Lot 13 and provides support for the pipeline purposes which have been 43 CFR 2710 and 2720. community and its continued granted to Southern Nevada Water

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Authority, its successors and assigns, by was found to indicate that any the application would have no adverse right-of-way No. N–66225, pursuant to hazardous substances have been stored effect on the marketability of title, or the the Act of October 21, 1976 (43 U.S.C. for one year or more, nor had any FMV of the parcel. Encumbrances of 1761); hazardous substances been disposed of records, appearing in the BLM public 8. Those rights for underground or released on the subject property. files for the parcel for sale, are available telephone facilities purposes which The parcel is subject to reservations for review during business hours, 7:30 have been granted to Central Telephone for road, public utilities and flood a.m. to 4:30 p.m., Pacific Time, Monday Company, its successors and assigns, by control purposes, both existing and through Friday, at the Las Vegas Field right-of-way No. N–77675, pursuant to proposed, in accordance with the local Office. Subject to limitations prescribed the Act of October 21, 1976 (43 U.S.C. governing entities’ transportation plans. by law and regulation, and prior to 1761); No warranty of any kind, express or patent issuance, a holder of any right-of- 9. By accepting this patent, the implied, is given by the United States as way within the parcel may be given the patentee agrees to indemnify, defend to the title, physical condition, or opportunity to amend the right-of-way and hold the United States harmless potential use of the parcel of land for conversion to a new term, including from any costs, damages, claims, causes proposed for sale, and the conveyance perpetuity, if applicable, or to an of action, penalties, fines, liabilities, and of any such parcel will not be on a easement. judgments of any kind or nature arising contingency basis. It is the buyer’s BLM will notify valid existing right- from the past, present, and future acts responsibility to be aware of all of-way holders of their ability to convert or omissions of the patentee, its applicable federal, state and local their compliant rights-of-way to employees, agents, contractors, or government policies and regulations perpetual rights-of-way or easements. lessees, or any third-party, arising out that would affect the subject lands. It is Each valid holder will be notified in of, or in connection with, the patentees also the buyer’s responsibility to be writing of their rights and then must use, occupancy, or operations on the aware of existing or prospective uses of apply for the conversion of their current patented real property. This nearby properties. Any land lacking authorization. indemnification and hold harmless access from a public road or highway Unless other satisfactory agreement includes, but is not limited will be conveyed as such, and future arrangements are approved in advance to, acts and omissions of the patentee, access acquisition will be the by a BLM authorized officer, its employees, agents, contractors, or responsibility of the buyer. conveyance of title shall be through the lessees, or third party arising out of or Federal law requires that conveyees use of escrow. Designation of the escrow in connection with the use and/or must be: (a) A citizen of the United agent shall be through mutual occupancy of the patented real property States 18 years of age or over; (b) a agreement between the BLM and the resulting in: (1) Violations of federal, corporation subject to the laws of any prospective patentee, and costs of state, and local laws and regulations State or of the United States; (c) a State, escrow shall be borne by the prospective applicable to the real property; (2) State instrumentality or political patentee. Judgments, claims or demands of any subdivision authorized to hold property; Requests for all escrow instructions kind assessed against the United States; and (d) an entity legally capable of must be received by the Las Vegas Field (3) Costs, expenses, damages of any kind conveying and holding lands or Office prior to 30 days before the incurred by the United States; (4) Other interests therein under the laws of the prospective patentee’s scheduled releases or threatened releases on, into State within which the lands to be closing date. There are no exceptions. or under land, property and other conveyed are located. Where applicable, BLM will not sign any documents interests of the United States by solid or the entity shall also meet the related to 1031 Exchange transactions. hazardous waste(s) and/or hazardous requirements of paragraphs (a) and (b) of The timing for completion of the substances(s), as defined by federal or this section. exchange is the prospective patentee’s state environmental laws; (5) Other On publication of this notice and responsibility in accordance with activities by which solid or hazardous until completion of the sale, the BLM is Internal Revenue Services regulations. substances or wastes, as defined by no longer accepting land use BLM is not a party to any 1031 federal and state environmental laws applications affecting the parcel Exchange. were generated, released, stored, used or identified, except applications for the In the event of a sale, the unreserved otherwise disposed of on the patented amendment of previously filed right-of- mineral interests will be conveyed real property, and any cleanup way applications or existing simultaneously with the sale of the response, remedial action, or other authorizations to increase the term of land. These unreserved mineral actions related in any manner to said the grants in accordance with 43 CFR interests have been determined to have solid or hazardous substances or wastes; 2807.15 and 2886.15. Encumbrances no known mineral value pursuant to 43 (6) Or natural resource damages as that may appear in the BLM files for the CFR 2720.0–6 and 2720.2(a). defined by federal and state law. This parcel proposed for sale are available for Acceptance of the sale offer will covenant shall be construed as running review during business hours, 7:30 a.m. constitute an application for conveyance with the patented real property, and to 4:30 p.m., Pacific Time, Monday of those unreserved mineral interests. may be enforced by the United States in through Friday, at the Las Vegas Field The purchaser will be required to pay a a court of competent jurisdiction; and Office. $50 non-refundable filing fee for 10. Pursuant to the requirements Proof of citizenship is evidenced by conveyance of the available mineral established by section 120(h) of the presenting a birth certificate, passport, interests. In accordance with BLM’s Comprehensive Environmental or naturalization papers. Failure to authority to conduct direct sales, BLM Response, Compensation and Liability submit the above requested documents is borrowing some of the competitive Act, 42 U.S.C. 9620(h) (CERCLA), as within 30 days from the proposed sale bid procedures as set forth below. The amended by the Superfund offer shall result in the cancellation of purchaser will have until 4 p.m., Pacific Amendments and Reauthorization Act the sale. Time, 30 days from the date of receiving of 1988, 100 Stat. 1670, notice is hereby The parcel may be subject to the sale offer to accept the offer and given that the above-described lands applications received prior to submit a deposit of 20 percent of the have been examined and no evidence publication of this notice if processing purchase price, the $50 filing fee for

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conveyance of mineral interests, and DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: payment of publication costs to the Las Title: 30 CFR Parts 202, 206, and 207, Vegas Field Office. The purchaser must Minerals Management Service Indian Oil and Gas Valuation. OMB Control Number: 1010–0103. remit the remainder of the purchase [Docket No. MMS–2008–MRM–0029] price within 180 days from the date of Bureau Form Number: Forms MMS– 4109, MMS–4110, MMS–4295, MMS– receiving the sale offer to the Las Vegas Agency Information Collection 4410, and MMS–4411. Field Office. Payments must be received Activities: Proposed Collection, Comment Request Abstract: The Secretary of the U.S. by certified check, postal money order, Department of the Interior (Secretary) is bank draft, or cashier’s check payable to AGENCY: Minerals Management Service responsible for matters relevant to the U.S. Department of the Interior- (MMS), Interior. mineral resource development on BLM. Failure to meet conditions ACTION: Notice of an extension of a Federal and Indian lands and the Outer established for this sale will void the currently approved information Continental Shelf (OCS). Under the sale and any monies received will be collection (OMB Control Number 1010– Mineral Leasing Act (30 U.S.C. 1923), forfeited. Arrangements for electronic 0103). the Indian Mineral Development Act of fund transfer to BLM for the balance due 1982 (25 U.S.C. 2103), and the Outer shall be made a minimum of two weeks SUMMARY: To comply with the Continental Shelf Lands Act (43 U.S.C. prior to the date you wish to make Paperwork Reduction Act of 1995 1353), the Secretary is responsible for payment. (PRA), we are inviting comments on a (1) Managing the production of minerals from Federal and Indian lands and the The BLM may accept or reject any or collection of information that we will OCS; (2) collecting royalties and other all offers to purchase any parcel, or may submit to the Office of Management and mineral revenues from lessees who withdraw any parcel of land or interest Budget (OMB) for review and approval. We changed the title of this information produce minerals; and (3) distributing therein from sale, if, in the opinion of collection request (ICR) to meet OMB the funds collected in accordance with the authorized officer, consummation of requirements. The new title of this ICR applicable laws. The Secretary also has the sale would not be fully consistent is ‘‘30 CFR Parts 202, 206, and 207, a trust responsibility to manage Indian with FLPMA or other applicable laws or Indian Oil and Gas Valuation.’’ lands and seek advice and information is determined not to be in the public DATES: Submit written comments on or from Indian beneficiaries. The MMS interest. before September 2, 2008. performs the minerals revenue management functions and assists the The parcel of land will not be offered ADDRESSES: You may submit comments Secretary in carrying out the for sale prior to 60 days from the date by the following methods: Department’s trust responsibility for of publication of this notice. Only • Electronically go to http:// Indian lands. Applicable laws written comments submitted by postal www.regulations.gov. In the ‘‘Comment pertaining to mineral royalties are service or overnight mail will be or Submission’’ column, enter ‘‘MMS– located on our Web site at http:// considered as properly filed. Electronic 2008–MRM–0029’’ to view supporting www.mrm.mms.gov/Laws_R_D/ mail, facsimile, or telephone comments and related materials for this ICR. Click will not be considered. PublicLawsAMR.htm. on ‘‘Send a comment or submission’’ Regulations at 30 CFR part 202, Before including your address, phone link to submit public comments. subparts C and J, pertain to royalties; number, e-mail address, or other Information on using Regulations.gov, part 206, subparts B and E, govern the personal identifying information in your including instructions for accessing valuation of oil and gas produced from comment, you should be aware that documents, submitting comments, and leases on Indian lands; and part 207 your entire comment—including your viewing the docket after the close of the pertains to recordkeeping. Indian tribes personal identifying information—may comment period, is available through and individual Indian mineral owners the site’s ‘‘User Tips’’ link. All be made publicly available at any time. receive all royalties generated from their comments submitted will be posted to While you can ask us in your comment lands. Determining product valuation is the docket. essential to ensure that Indian tribes and to withhold your personal identifying • Mail comments to Hyla Hurst, information from public review, we individual Indian mineral owners Regulatory Specialist, Minerals receive payment on the full value of the cannot guarantee that we will be able to Management Service, Minerals Revenue do so. minerals removed from their lands. Management, P.O. Box 25165, MS Failure to collect the data described in Any adverse comments regarding the 302B2, Denver, Colorado 80225. Please this information collection could result proposed sale will be reviewed by the reference ICR 1010–0103 in your in the undervaluation of leased minerals BLM Nevada State Director, who may comments. • on Indian lands. All data reported is sustain, vacate, or modify this realty Hand-carry comments or use an subject to subsequent audit and action and issue a final determination. overnight courier service. Our courier adjustment. In the absence of timely filed objections, address is Building 85, Room A–614, this realty action will become the final Denver Federal Center, West 6th Ave. Indian Oil determination of the Department of the and Kipling Blvd., Denver, Colorado The regulations apply to all oil Interior. 80225. Please reference ICR 1010–0103 production from Indian oil and gas in your comments. leases, except leases on the Osage Authority: 43 CFR part 2711. FOR FURTHER INFORMATION CONTACT: Hyla Indian Reservation. The regulations Dated: July 14, 2008. Hurst, telephone (303) 231–3495, or e- provide that lessees determine the value Mary Jo Rugwell, mail [email protected]. You may of oil based on the higher of: (1) The Manager, Las Vegas Field Office. also contact Hyla Hurst to obtain copies, gross proceeds under an arm’s-length [FR Doc. E8–17615 Filed 7–31–08; 8:45 am] at no cost, of (1) The ICR, (2) any contract, or (2) major portion analysis. associated forms, and (3) the regulations These oil valuation methods are eligible BILLING CODE 4310–HC–P that require the subject collection of for applicable transportation information. allowances. From information collected

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on Form MMS–4110, Oil Transportation leases. This reporting requirement 4393. This form provides MMS with the Allowance Report, MMS verifies ensures that Indian lessors receive all data necessary to make a decision transportation allowances during the royalties due and aids MMS compliance whether to approve or deny the request product valuation verification to efforts. and track deductions on royalty reports. determine if the lessee reported and The MMS and tribal personnel use the Summary paid the proper royalty amount. The information collected on Form MMS– MMS and tribal personnel evaluate 4295, Gas Transportation Allowance The MMS is requesting OMB’s whether the transportation allowances Report, to evaluate whether approval to continue to collect this reported and claimed by lessees are transportation allowances reported information. Not collecting this within regulatory allowance limitations. under a non-arm’s-length contract or no information would limit the Secretary’s contract are reasonable, and actual costs ability to discharge his/her duties and Indian Gas are within regulatory allowance may also result in loss of royalty The regulations apply to all gas limitations. payments to Indian tribes and production from Indian oil and gas The MMS and tribal personnel use the individual Indian mineral owners. leases, except leases on the Osage information collected on Form MMS– Proprietary information submitted to Indian Reservation. Most Indian leases 4109, Gas Processing Allowance MMS under this collection is protected, contain the requirement to perform Summary Report, to evaluate whether and no items of a sensitive nature are accounting for comparison (dual processing allowances reported under a collected. The requirement to respond is non-arm’s-length contract or no contract accounting) for gas produced from the mandatory for Form MMS–4411, Safety are reasonable, and actual costs are lease. Lessees must elect to perform Net Report, when certain circumstances within regulatory allowance limitations. actual dual accounting as defined in 30 exist. For all other forms in this CFR 206.176 or alternative dual Indian Oil and Gas collection, the requirement to respond is voluntary; i.e., a response is required to accounting as defined in 30 CFR Form MMS–4393, Request to Exceed obtain a benefit. 206.173. Lessees use Form MMS–4410, Regulatory Allowance Limitation, is Accounting for Comparison [Dual used for both Federal and Indian leases. Frequency of Response: Annually and Accounting], to certify that dual Most of the burden hours are incurred on occasion. accounting is not required on an Indian on Federal leases; therefore, the form is Estimated Number and Description of lease or to make an election for actual approved under ICR 1010–0136, Respondents: 302 Indian lessees. or alternative dual accounting for Indian pertaining to Federal oil and gas leases. Estimated Annual Reporting and leases. However, we include a discussion of the Recordkeeping ‘‘Hour’’ Burden: 1,074 The regulations require lessees to form in this ICR, as well as the burden hours. submit Form MMS–4411, Safety Net hours for Indian leases. To request We have not included in our Report, when gas production from an permission to exceed a regulatory estimates certain requirements Indian oil or gas lease is sold beyond the allowance limit, lessees must submit a performed in the normal course of first index pricing point. The safety net letter to MMS explaining why a higher business and considered usual and calculation establishes the minimum allowance limit is necessary and customary. The following chart shows value, for royalty purposes, of natural provide supporting documentation, the estimated burden hours by CFR gas production from Indian oil and gas including a completed Form MMS– section and paragraph:

RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS

Average num- 30 CFR Reporting and recordkeeping requirement Hour burden ber of annual Annual burden responses hours

202—ROYALTIES Subpart C—Federal and Indian Oil

202.101 ...... Standards for reporting and paying royalties. Burden covered under OMB Control Number Oil volumes are to be reported in barrels of clean oil of 42 1010–0140 (expires 11/30/2009). Burden standard U.S. gallons (231 cubic inches each) at 60 °F. covered under § 210.52. ***

Subpart J—Gas Production From Indian Leases

202.551(b) ...... How do I determine the volume of production for which I Burden covered under OMB Control Number must pay royalty if my lease is not in an approved Fed- 1010–0140. Burden covered under § 210.52. eral unit or communitization agreement (AFA)? (b) You and all other persons paying royalties on the lease must report and pay royalties based on your takes. * * *

202.551(c) ...... (c) You and all other persons paying royalties on the lease 1 1 1 may ask MMS for permission * * *

202.558(a) and (b) ...... What standards do I use to report and pay royalties on Burden covered under OMB Control Number gas? 1010–0140. Burden covered under § 210.52. (a) You must report gas volumes as follows: * * * (b) You must report residue gas and gas plant product vol- umes as follows: * * *

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average num- 30 CFR Reporting and recordkeeping requirement Hour burden ber of annual Annual burden responses hours

206—PRODUCT VALUATION Subpart B—Indian Oil

206.56(b)(2) ...... Transportation allowances—general. Burden covered under OMB Control Number (b)(2) Upon request of a lessee, MMS may approve a trans- 1010–0136 (expires 06/30/2009). portation allowance deduction in excess of the limitation pre- scribed by paragraph (b)(1) of this section. * * * An applica- tion for exception (using Form MMS–4393, Request to Ex- ceed Regulatory Allowance Limitation) must contain all rel- evant and supporting documentation necessary for MMS to make a determination. * * *

206.57(a)(1)(i) ...... Determination of transportation allowances. AUDIT PROCESS. See note. (a) Arm’s-length transportation contracts. (1)(i) * * * The lessee shall have the burden of demonstrating that its contract is arm’s-length.

206.57(a)(1)(i) ...... (a) Arm’s-length transportation contracts. Burden covered under § 206.57(c)(1)(i) and (iii). (1)(i) * * * Before any deduction may be taken, the lessee must submit a completed page one of Form MMS–4110 (and Schedule 1), Oil Transportation Allowance Report * * *

206.57(a)(1)(iii) ...... (a) Arm’s-length transportation contracts. AUDIT PROCESS. See note. (1)(iii) * * * When MMS determines that the value of the transportation may be unreasonable, MMS will notify the lessee and give the lessee an opportunity to provide written information justifying the lessee’s transportation costs.

206.57(a)(2)(i) ...... (a) Arm’s-length transportation contracts. Burden covered under § 206.57(a)(3). (2)(i) * * * Except as provided in this paragraph, no allowance may be taken for the costs of transporting lease production which is not royalty-bearing without MMS approval.

206.57(a)(2)(ii) ...... (a) Arm’s-length transportation contracts. 20 1 20 (2)(ii) Notwithstanding the requirements of paragraph (i), the lessee may propose to MMS a cost allocation method on the basis of the values of the products transported. * * *

206.57(a)(3) ...... (a) Arm’s-length transportation contracts. 40 1 40 (3) If an arm’s-length transportation contract includes both gaseous and liquid products, and the transportation costs attributable to each product cannot be determined from the contract, the lessee shall propose an allocation procedure to MMS. * * * The lessee shall submit all available data to support its proposal. * * *

206.57(b)(1) ...... (b) Non-arm’s-length or no contract. Burden covered under § 206.57(c)(2)(i), and (1) * * * A transportation allowance may be claimed retro- (c)(2)(iii). actively for a period of not more than 3 months prior to the first day of the month that Form MMS–4110 is filed with MMS, unless MMS approves a longer period upon a show- ing of good cause by the lessee. * * *

206.57(b)(1) ...... (b) Non-arm’s-length or no contract. Burden covered under OMB Control Number (1) * * * When necessary or appropriate, MMS may direct a 1010–0140. Burden covered under § 210.52. lessee to modify its actual transportation allowance deduc- tion.

206.57(b)(2)(iv) ...... (b) Non-arm’s-length or no contract. 20 1 20 (2)(iv) * * * After a lessee has elected to use either method for a transportation system, the lessee may not later elect to change to the other alternative without approval of MMS.

206.57(b)(2)(iv)(A) ...... (b) Non-arm’s-length or no contract. 20 1 20 (2)(iv)(A) * * * After an election is made, the lessee may not change methods without MMS approval. * * *

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

Average num- 30 CFR Reporting and recordkeeping requirement Hour burden ber of annual Annual burden responses hours

206.57(b)(3)(i) ...... (b) Non-arm’s-length or no contract. 40 1 40 (3)(i) * * * Except as provided in this paragraph, the lessee may not take an allowance for transporting lease production which is not royalty bearing without MMS approval.

206.57(b)(3)(ii) ...... (b) Non-arm’s-length or no contract. 20 1 20 (3)(ii) Notwithstanding the requirements of paragraph (i), the lessee may propose to MMS a cost allocation method on the basis of the values of the products transported. * * *

206.57(b)(4) ...... (b) Non-arm’s-length or no contract. 20 1 20 (4) Where both gaseous and liquid products are transported through the same transportation system, the lessee shall propose a cost allocation procedure to MMS. * * * The les- see shall submit all available data to support its proposal. ***

206.57(b)(5) ...... (b) Non-arm’s-length or no contract. 20 1 20 (5) A lessee may apply to MMS for an exception from the re- quirement that it compute actual costs in accordance with paragraphs (b)(1) through (b)(4) of this section. * * *

206.57(c)(1)(i) ...... (c) Reporting requirements. 4 4 16 (1) Arm’s-length contracts. (i) With the exception of those transportation allowances specified in paragraphs (c)(1)(v) and (c)(1)(vi) of this section, the lessee shall submit page one of the initial Form MMS–4110 (and Schedule 1), Oil Transportation Allowance Report, prior to, or at the same time as, the transportation allowance determined, under an arm’s-length contract, is reported on Form MMS–2014, Re- port of Sales and Royalty Remittance. * * *

206.57(c)(1)(iii) ...... (c) Reporting requirements. 4 4 16 (1) Arm’s-length contracts. (iii) After the initial reporting period and for succeeding reporting periods, lessees must submit page one of Form MMS–4110 (and Schedule 1) within 3 months after the end of the calendar year, or after the appli- cable contract or rate terminates or is modified or amended, whichever is earlier, unless MMS approves a longer period (during which period the lessee shall continue to use the al- lowance from the previous reporting period).

206.57(c)(1)(iv) ...... (c) Reporting requirements. AUDIT PROCESS. See note. (1) Arm’s-length contracts. (iv) MMS may require that a lessee submit arm’s-length transportation contracts, production agreements, operating agreements, and related documents. Documents shall be submitted within a reasonable time, as determined by MMS.

206.57(c)(2)(i) ...... (c) Reporting requirements. 6 1 6 (2) Non-arm’s-length or no contract. (i) With the exception of those transportation allowances spec- ified in paragraphs (c)(2)(v), (c)(2)(vii) and (c)(2)(viii) of this section, the lessee shall submit an initial Form MMS–4110 prior to, or at the same time as, the transportation allowance determined under a non-arm’s-length contract or no-contract situation is reported on Form MMS–2014. * * * The initial report may be based upon estimated costs.

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RESPONDENTS’ ESTIMATED ANNUAL BURDEN HOURS—Continued

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206.57(c)(2)(iii) ...... (c) Reporting requirements. 6 3 18 (2) Non-arm’s-length or no contract. (iii) For calendar-year reporting periods succeeding the initial reporting period, the lessee shall submit a completed Form MMS–4110 containing the actual costs for the previous re- porting period. If oil transportation is continuing, the lessee shall include on Form MMS–4110 its estimated costs for the next calendar year. * * * MMS must receive the Form MMS–4110 within 3 months after the end of the previous re- porting period, unless MMS approves a longer period (dur- ing which period the lessee shall continue to use the allow- ance from the previous reporting period).

206.57(c)(2)(iv) ...... (c) Reporting requirements. Burden covered under § 206.57(c)(2)(i). (2) Non-arm’s-length or no contract. (iv) For new transportation facilities or arrangements, the les- see’s initial Form MMS–4110 shall include estimates of the allowable oil transportation costs for the applicable period. ***

206.57(c)(2)(v) ...... (c) Reporting requirements. Burden covered under § 206.57(c)(2)(i). (2) Non-arm’s-length or no contract. (v) * * * only those allowances that have been approved by MMS in writing * * *

206.57(c)(2)(vi) ...... (c) Reporting requirements. AUDIT PROCESS. See note. (2) Non-arm’s-length or no contract. (vi) Upon request by MMS, the lessee shall submit all data used to prepare its Form MMS–4110. The data shall be pro- vided within a reasonable period of time, as determined by MMS.

206.57(c)(4) and (e)(2) ...... (c) Reporting requirements. Burden covered under OMB Control Number (4) Transportation allowances must be reported as a separate 1010–0140. Burden covered under § 210.52. line item on Form MMS–2014 * * * (e) Adjustments. (2) For lessees transporting production from Indian leases, the lessee must submit a corrected Form MMS–2014 to reflect actual costs * * *

206.59 ...... May I ask MMS for valuation guidance? 20 1 20 You may ask MMS for guidance in determining value. You may propose a value method to MMS. Submit all available data related to your proposal and any additional information MMS deems necessary. * * *

206.61(a) and (b) ...... What records must I keep and produce? AUDIT PROCESS. See note. (a) On request, you must make available sales, volume, and transportation data for production you sold, purchased, or obtained from the field or area. You must make this data available to MMS, Indian representatives, or other author- ized persons. (b) You must retain all data relevant to the determination of royalty value. * * *

206—PRODUCT VALUATION Subpart E—Indian Gas

206.172(b)(1)(ii) ...... How do I value gas produced from leases in an index 4 25 100 zone? (b) Valuing residue gas and gas before processing. (1)(ii) Gas production that you certify on Form MMS–4410 * * * is not processed before it flows into a pipeline with an index but which may be processed later * * *

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206.172(e)(6)(i) and (iii) ...... (e) Determining the minimum value for royalty purposes of gas 3 10 30 sold beyond the first index pricing point. (6)(i) You must report the safety net price for each index zone to MMS on Form MMS–4411, Safety Net Report, no later than June 30 following each calendar year; * * * (iii) MMS may order you to amend your safety net price within one year from the date your Form MMS–4411 is due or is filed, whichever is later. * * *

206.172(e)(6)(ii) ...... (e) Determining the minimum value for royalty purposes of gas Burden covered under OMB Control Number sold beyond the first index pricing point. 1010–0140. Burden covered under § 210.52. (6)(ii) You must pay and report on Form MMS–2014 additional royalties due no later than June 30 following each calendar year * * *

206.172(f)(1)(ii), (f)(2), and (f) Excluding some or all tribal leases from valuation under this 40 1 40 (f)(3). section. (1) An Indian tribe may ask MMS to exclude some or all of its leases from valuation under this section. * * * (ii) If an Indian tribe requests exclusion from an index zone for less than all of its leases, MMS will approve the request only if the excluded leases may be segregated into one or more groups based on separate fields within the reserva- tion. (2) An Indian tribe may ask MMS to terminate exclusion of its leases from valuation under this section. * * * (3) The Indian tribe’s request to MMS under either paragraph (f)(1) or (2) of this section must be in the form of a tribal resolution. * * *

206.173(a)(1) ...... How do I calculate the alternative methodology for dual 2 19 38 accounting? (a) Electing a dual accounting method. (1) * * * You may elect to perform the dual accounting cal- culation according to either 206.176(a) (called actual dual accounting), or paragraph (b) of this section (called the al- ternative methodology for dual accounting).

206.173(a)(2) ...... (a) Electing a dual accounting method. Burden covered under § 206.173(a)(1). (2) You must make a separate election to use the alternative methodology for dual accounting for your Indian leases in each MMS-designated area. * * *

206.174(a)(4)(ii) ...... How do I value gas production when an index-based Burden covered under OMB Control Number method cannot be used? 1010–0140. Burden covered under § 210.52. (a) Situations in which an index-based method cannot be used. (4)(ii) If the major portion value is higher, you must submit an amended Form MMS–2014 to MMS by the due date speci- fied in the written notice from MMS of the major portion value. * * *

206.174(b)(1)(i) and (iii); (b) Arm’s-length contracts. AUDIT PROCESS. See note. (b)(2); (d)(2). (1)(i) You have the burden of demonstrating that your contract is arm’s-length. * * * (iii) * * * In these circumstances, MMS will notify you and give you an opportunity to provide written information justifying your value. * * * (2) MMS may require you to certify that your arm’s-length con- tract provisions include all of the consideration the buyer pays, either directly or indirectly, for the gas, residue gas, or gas plant product. (d) Supporting data. (2) You must make all such data available upon request to the authorized MMS or Indian representatives, to the Office of the Inspector General of the Department, or other author- ized persons. * * *

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206.174(d) ...... (d) Supporting data. If you determine the value of production Burden covered under OMB Control Number under paragraph (c) of this section, you must retain all data 1010–0140. relevant to determination of royalty value.

206.174(f) ...... (f) Value guidance. You may ask MMS for guidance in deter- 40 1 40 mining value. You may propose a valuation method to MMS. Submit all available data related to your proposal and any additional information MMS deems necessary. * * *

206.175(d)(4) ...... How do I determine quantities and qualities of production 20 1 20 for computing royalties? (d)(4) You may request MMS approval of other methods for determining the quantity of residue gas and gas plant prod- ucts allocable to each lease. * * *

206.176(b) ...... How do I perform accounting for comparison? Burden covered under § 206.173(a)(1). (b) If you are required to account for comparison, you may elect to use the alternative dual accounting methodology provided for in § 206.173 instead of the provisions in para- graph (a) of this section.

206.176(c) ...... (c) * * * If you do not perform dual accounting, you must cer- Burden covered under § 206.172(b)(1)(ii). tify to MMS that gas flows into such a pipeline before it is processed.

Transportation Allowances

206.177(c)(2) and (c)(3) ..... What general requirements regarding transportation al- 4 1 4 lowances apply to me? (c)(2) If you ask MMS, MMS may approve a transportation al- lowance deduction in excess of the limitation in paragraph (c)(1) of this section. * * * (3) Your application for exception (using Form MMS–4393, Request to Exceed Regulatory Allowance Limitation) must contain all relevant and supporting documentation nec- essary for MMS to make a determination.

206.178(a)(1)(i) ...... How do I determine a transportation allowance? 1 25 25 (a) Determining a transportation allowance under an arm’s- length contract. (1)(i) * * * You are required to submit to MMS a copy of your arm’s-length transportation contract(s) and all subsequent amendments to the contract(s) within 2 months of the date MMS receives your report which claims the allowance on the Form MMS–2014.

206.178(a)(1)(iii) ...... (a) Determining a transportation allowance under an arm’s- AUDIT PROCESS. See note. length contract. (1)(iii) If MMS determines that the consideration paid under an arm’s-length transportation contract does not reflect the value of the transportation because of misconduct by or be- tween the contracting parties * * * In these circumstances, MMS will notify you and give you an opportunity to provide written information justifying your transportation costs.

206.178(a)(2)(i) and (ii) ...... (a) Determining a transportation allowance under an arm’s- 20 1 20 length contract. (2)(i) * * * you cannot take an allowance for the costs of transporting lease production that is not royalty bearing with- out MMS approval, or without lessor approval on tribal leases. (ii) As an alternative to paragraph (a)(2)(i) of this section, you may propose to MMS a cost allocation method based on the values of the products transported. * * *

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206.178(a)(3)(i) and (ii) ...... (a) Determining a transportation allowance under an arm’s- 40 1 40 length contract. (3)(i) If your arm’s-length transportation contract includes both gaseous and liquid products and the transportation costs at- tributable to each cannot be determined from the contract, you must propose an allocation procedure to MMS. * * * (ii) You are required to submit all relevant data to support your allocation proposal. * * *

206.178(b)(1)(ii) ...... (b) Determining a transportation allowance under a non-arm’s- 15 3 45 length contract or no contract. (1)(ii) * * * You must submit the actual cost information to support the allowance to MMS on Form MMS–4295, Gas Transportation Allowance Report, within 3 months after the end of the 12-month period to which the allowance applies. ***

206.178(b)(2)(iv) ...... (b) Determining a transportation allowance under a non-arm’s- 20 1 20 length contract or no contract. (2)(iv) You may use either depreciation with a return on undepreciated capital investment or a return on depreciable capital investment. * * * you may not later elect to change to the other alternative without MMS approval.

206.178(b)(2)(iv)(A) ...... (b) Determining a transportation allowance under a non-arm’s- 20 1 20 length contract or no contract. (2)(iv)(A) * * * Once you make an election, you may not change methods without MMS approval. * * *

206.178(b)(3)(i) ...... (b) Determining a transportation allowance under a non-arm’s- 40 1 40 length contract or no contract. (3)(i) * * * Except as provided in this paragraph, you may not take an allowance for transporting a product that is not roy- alty bearing without MMS approval.

206.178(b)(3)(ii) ...... (b) Determining a transportation allowance under a non-arm’s- 20 1 20 length contract or no contract. (3)(ii) As an alternative to the requirements of paragraph (b)(3)(i) of this section, you may propose to MMS a cost al- location method based on the values of the products trans- ported. * * *

206.178(b)(5) ...... (b) Determining a transportation allowance under a non-arm’s- 40 1 40 length contract or no contract. (5) If you transport both gaseous and liquid products through the same transportation system, you must propose a cost allocation procedure to MMS. * * * You are required to sub- mit all relevant data to support your proposal. * * *

206.178(d)(1) ...... (d) Reporting your transportation allowance. AUDIT PROCESS. See note. (1) If MMS requests, you must submit all data used to deter- mine your transportation allowance * * *

206.178(d)(2), (e), and (f)(1) (d) Reporting your transportation allowance. Burden covered under OMB Control Number (2) You must report transportation allowances as a separate 1010–0140. Burden covered under § 210.52. entry on Form MMS–2014. * * * (e) Adjusting incorrect allowances. If for any month the trans- portation allowance you are entitled to is less than the amount you took on Form MMS–2014, you are required to report and pay additional royalties due, plus interest com- puted under 30 CFR 218.54 from the first day of the first month you deducted the improper transportation allowance until the date you pay the royalties due. * * * (f) Determining allowable costs for transportation allowances. *** (1) Firm demand charges paid to pipelines. * * * You must modify the Form MMS–2014 by the amount received or credited for the affected reporting period.

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Processing Allowances

206.180(a)(1)(i) ...... How do I determine an actual processing allowance? 1 15 15 (a) Determining a processing allowance if you have an arm’s- length processing contract. (1)(i) * * * You have the burden of demonstrating that your contract is arm’s-length. You are required to submit to MMS a copy of your arm’s-length contract(s) and all subsequent amendments to the contract(s) within 2 months of the date MMS receives your first report that deducts the allowance on the Form MMS–2014.

206.180(a)(1)(iii) ...... (a) Determining a processing allowance if you have an arm’s- AUDIT PROCESS. See note. length processing contract. (1)(iii) If MMS determines that the consideration paid under an arm’s-length processing contract does not reflect the value of the processing because of misconduct by or between the contracting parties * * * In these circumstances, MMS will notify you and give you an opportunity to provide written in- formation justifying your processing costs.

206.180(a)(3) ...... (a) Determining a processing allowance if you have an arm’s- 40 1 40 length processing contract. (3) If your arm’s-length processing contract includes more than one gas plant product and the processing costs attributable to each product cannot be determined from the contract, you must propose an allocation procedure to MMS. * * * You are required to submit all relevant data to support your proposal. * * *

206.180(b)(1)(ii) ...... (b) Determining a processing allowance if you have a non- 20 5 100 arm’s-length contract or no contract. (1)(ii) * * * You must submit the actual cost information to support the allowance to MMS on Form MMS–4109, Gas Processing Allowance Summary Report, within 3 months after the end of the 12-month period for which the allowance applies. * * *

206.180(b)(2)(iv) ...... (b) Determining a processing allowance if you have a non- 20 1 20 arm’s-length contract or no contract. (2)(iv) You may use either depreciation with a return on undepreciable capital investment or a return on depreciable capital investment.* * * you may not later elect to change to the other alternative without MMS approval.

206.180(b)(2)(iv)(A) ...... (b) Determining a processing allowance if you have a non- 20 1 20 arm’s-length contract or no contract. (2)(iv)(A) * * * Once you make an election, you may not change methods without MMS approval. * * *

206.180(b)(3) ...... (b) Determining a processing allowance if you have a non- 20 1 20 arm’s-length contract or no contract. (3) Your processing allowance under this paragraph (b) must be determined based upon a calendar year or other period if you and MMS agree to an alternative.

206.180(c)(1) ...... (c) Reporting your processing allowance. AUDIT PROCESS. See note. (1) If MMS requests, you must submit all data used to deter- mine your processing allowance. * * *

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206.180(c)(2) and (d) ...... (c) Reporting your processing allowance. Burden covered under OMB Control Number (2) You must report gas processing allowances as a separate 1010–0140. Burden covered under § 210.52. entry on the Form MMS–2014. * * * (d) Adjusting incorrect processing allowances. If for any month the gas processing allowance you are entitled to is less than the amount you took on Form MMS–2014, you are required to pay additional royalties, plus interest computed under 30 CFR 218.54 from the first day of the first month you de- ducted a processing allowance until the date you pay the royalties due. * * *

206.181(c) ...... How do I establish processing costs for dual accounting 40 1 40 purposes when I do not process the gas? (c) A proposed comparable processing fee submitted to either the tribe and MMS (for tribal leases) or MMS (for allotted leases) with your supporting documentation submitted to MMS. If MMS does not take action on your proposal within 120 days, the proposal will be deemed to be denied and subject to appeal to the MMS Director under 30 CFR part 290.

207—SALES AGREEMENTS OR CONTRACTS GOVERNING THE DISPOSAL OF LEASE PRODUCTS Subpart A—General Provisions

207.4(b) ...... Contracts made pursuant to old form leases. AUDIT PROCESS. See note. (b) The stipulation, the substance of which must be included in the contract, or be made the subject matter of a separate in- strument properly identifying the leases affected thereby, is as follows: * * *

207.5 ...... Contract and sales agreement retention. AUDIT PROCESS. See note. Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other docu- ments which are relevant to the valuation of production are to be maintained by the lessee and made available upon re- quest during normal working hours to authorized MMS, State or Indian representatives, other MMS or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to MMS within a reasonable period of time, as determined by MMS. Any oral sales arrangement negotiated by the les- see must be placed in written form and retained by the les- see. Records shall be retained in accordance with 30 CFR part 212.

Total Burden ...... 140 1,074 Note: AUDIT PROCESS—The Office of Regulatory Affairs determined that the audit process is exempt from the Paperwork Reduction Act of 1995 because MMS staff asks non-standard questions to resolve exceptions.

Estimated Annual Reporting and collection of information * * *.’’ The PRA also requires agencies to Recordkeeping ‘‘Non-hour’’ Cost Agencies must specifically solicit estimate the total annual reporting Burden: We have identified no ‘‘non- comments to: (a) Evaluate whether the ‘‘non-hour cost’’ burden to respondents hour’’ cost burdens. proposed collection of information is or recordkeepers resulting from the Public Disclosure Statement: The PRA necessary for the agency to perform its collection of information. If you have (44 U.S.C. 3501 et seq.) provides that an duties, including whether the costs to generate, maintain, and disclose agency may not conduct or sponsor, and information is useful; (b) evaluate the this information, you should comment a person is not required to respond to, accuracy of the agency’s estimate of the and provide your total capital and a collection of information unless it burden of the proposed collection of startup cost components or annual displays a currently valid OMB control information; (c) enhance the quality, operation, maintenance, and purchase number. usefulness, and clarity of the of service components. You should Comments: Before submitting an ICR information to be collected; and (d) describe the methods you use to to OMB, PRA Section 3506(c)(2)(A) minimize the burden on the estimate major cost factors, including requires each agency ‘‘* * * to provide respondents, including the use of system and technology acquisition, notice * * * and otherwise consult automated collection techniques or expected useful life of capital with members of the public and affected other forms of information technology. equipment, discount rate(s), and the agencies concerning each proposed period over which you incur costs.

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Capital and startup costs include, SUMMARY: Section 18 of the OCS Lands ADDRESSES: Mail comments and among other items, computers and Act (43 U.S.C. 1344) requires the information on the program to: Ms. software you purchase to prepare for Department of the Interior to solicit Renee Orr, 5-Year Program Manager, collecting information; monitoring, information from interested and affected Minerals Management Service (MS– sampling, and testing equipment; and parties during the preparation of a 5- 4010), 381 Elden Street, Herndon, record storage facilities. Generally, your year OCS oil and gas leasing program. Virginia 20170. Environmental estimates should not include equipment The current 5-year program covers the comments and information relevant to or services purchased: (i) Before October period July 2007 to June 30, 2012. The oil and gas development on the OCS 1, 1995; (ii) to comply with Department’s MMS is soliciting should be sent to: Mr. James F. Bennett, requirements not associated with the information on whether to begin a new Chief, Branch of Environmental information collection; (iii) for reasons Program for mid-2010 to mid-2015 Assessment, Minerals Management other than to provide information or (approximate dates) to succeed the Service (MS–4042), 381 Elden Street, keep records for the Government; or (iv) current one. Herndon, Virginia 20170. If you submit as part of customary and usual business Section 18 requires completion of a any privileged or proprietary or private practices. multi-step process of public information to be treated as We will summarize written responses consultation and analysis before the confidential, please mark the envelope, to this notice and address them in our Secretary of the Interior may approve a ‘‘Contains Confidential Information’’. ICR submission for OMB approval, new 5-Year Program. The section 18 Internet: The MMS will accept including appropriate adjustments to process includes the following required comments submitted to our electronic the estimated burden. We will provide steps: This initial solicitation of public comment system. (Public a copy of the ICR to you without charge comments; development of a draft Connect). This system can be accessed upon request. The ICR also will be proposed program, a proposed program, at http://www.mms.gov. We also will a proposed final program; and posted at http://www.mrm.mms.gov/ provide access to information Secretarial approval. If the decision is Laws_R_D/FRNotices/FRInfColl.htm. concerning the 5-Year Program at the made to prepare a new 5-Year Program, MMS Internet Web site (http:// Public Comment Policy: We will post the MMS will also prepare appropriate all comments in response to this notice www.mms.gov) and copies or summaries _ _ NEPA analysis documents. The public of comments we receive in response to at http://www.mrm.mms.gov/Laws R D/ will have opportunities to comment on FRNotices/FRInfColl.htm. We also will this notice will be available in the MMS the draft proposed program, the draft Public Connect database. make copies of the comments available EIS or other NEPA documents, and the FOR FURTHER INFORMATION CONTACT: Ms. for public view, including names and proposed program. This Notice in Renee Orr, 5-Year Program Manager, at addresses of respondents, during regular particular requests comments on areas (703) 787–1215. business hours at our offices in that are restricted from leasing by Lakewood, Colorado. Before including Congressional Moratoria but were SUPPLEMENTARY INFORMATION: The MMS your address, phone number, e-mail removed from Presidential Withdrawal requests comments from states; local address, or other personal identifying on July 14, 2008. and tribal governments; American Indian and Native Alaskan information in your comment, be DATES: The MMS must receive all advised that your entire comment— comments and information by organizations; Federal agencies; including your personal identifying September 15, 2008. environmental and fish and wildlife information—may be made publicly organizations; the oil and gas industry; available at any time. While you can ask Public Comment Procedure other interested organizations; and other us in your comment to withhold from The MMS will accept comments in parties on whether to begin the public view your personal identifying one of two formats: By mail or our preparation of a new 5-Year Program. information, we cannot guarantee that Internet commenting system. Please MMS is seeking a wide range of we will be able to do so. submit your comments using only one information, including marine MMS Information Collection of these formats, and include full names productivity, environmental sensitivity Clearance Officer: Arlene Bajusz (202) and addresses. Comments submitted by and resource assessment. The 5-Year 208–7744. other means may not be considered. We Program enables the Federal Government, states, industry, and other Dated: July 21, 2008. will not consider anonymous comments, and we will make available interested parties to plan for steps Richard J. Adamski, for inspection in their entirety all proposed to lead to OCS oil and gas Acting Associate Director for Minerals comments submitted by organizations lease sales. The Department will make Revenue Management. and businesses, or by individuals a decision on whether to proceed with [FR Doc. E8–17730 Filed 7–31–08; 8:45 am] identifying themselves as a specific lease sale on the schedule, BILLING CODE 4310–MR–P representatives of organizations and only after meeting all of the applicable businesses. requirements of the OCS Lands Act, the Our practice is to make comments, National Environmental Policy Act DEPARTMENT OF THE INTERIOR including the names and home (NEPA), and other statutes. addresses of respondents, available for The OCS is a significant source of oil Minerals Management Service public review. An individual and gas for the Nation’s energy supply. Request for Comments on the commenter may ask that we withhold On a per day basis, the OCS currently Preparation of a 5-Year Outer from the public record, his or her name, produces about 1.35 million barrels of Continental Shelf (OCS) Oil and Gas home address, or both, and we will oil and almost 8 billion cubic feet of Leasing Program honor such a request to the extent natural gas. This represents allowable by law. If you submit approximately 27 percent of domestic AGENCY: Minerals Management Service comments and desire that we withhold oil production and 15 percent of natural (MMS), Interior. such information, you must so state gas production. prominently at the beginning of your The MMS’s oversight and regulatory ACTION: Request for Comments. submission. frameworks ensure production and

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drilling are conducted in a safe and of oil and natural gas. New development at risk.’’ The Department of Commerce environmentally responsible manner. technologies and methods will provide reported in April that the U.S. trade The offshore areas of the United the opportunity for this development to deficit grew to its largest level in over States are estimated to contain proceed with proper protection for the a year to $60.9 billion. Even with significant quantities of resources in yet- environment. exports rising, increases in oil prices to-be-discovered fields. MMS estimates The MMS is initiating the section 18 continued to drive up the deficit. The that the Undiscovered Technically 5-year program development at this deficit of petroleum products has grown Recoverable oil and gas resources in the time, approximately 2 years ahead of to $34.5 billion, up from $23.5 billion U.S. OCS consist of 86 billion barrels of schedule, as part of the Federal last year. It is expected that continued oil and 420 trillion cubic feet of natural Government’s actions to address the importing of oil will widen the trade gas. Significant areas of the OCS have existing domestic energy situation. deficit even more sending billions of been under congressional and/or Currently, each American uses an dollars to other countries. executive restrictions starting in the average of 3 gallons of oil per day. Gasoline prices may be a more visible early 1980’s. Currently, approximately About two-thirds of that oil is used in consequence of the energy situation, but 574 million acres, i.e., 85 percent of the transportation. In fact, oil is expected to there are other consequences that affect OCS offshore the lower-48 states are remain, by far, the primary fuel for various sectors of the economy. unavailable for leasing consideration, transportation for decades to come, even According to the EIA, while gasoline due to congressional moratoria, with aggressive efforts and government prices in the U.S. have increased about something no other country in the world policies to encourage the development $1.15 per gallon over the past year, has done to this extent. MMS estimates of alternative fuels, more efficient diesel fuel has increased almost $1.90 that these restricted areas—in the engines, and increasingly effective per gallon. (Source: Gasoline and Diesel Pacific, the Atlantic, and parts of the conservation measures. Fuel Update. Energy Information central and eastern Gulf of Mexico— The MMS is developing a program to Administration. 14 July 2008. http:// contain about 30 percent of the potential produce electricity from alternative tonto.eia.doe.gov/oog/info/wohdp/ undiscovered oil and 27 percent of the energy resources on the OCS. Under the diesel.asp?featureclicked=1&) Since undiscovered natural gas resources Energy Policy Act of 2005, the much of the Nation’s consumer goods offshore the lower-48 states. (This is a Secretary, acting through MMS, has are transported by truck, the prices of mean estimate based on MMS’s 2006 established a program to develop such goods to the consumer also reflect assessment.) renewable energy resources on the OCS. the increase in energy costs and may Neighboring countries are expanding On July 9, 2008, MMS issued a affect consumer buying patterns. offshore oil and gas exploration due to Proposed Rule for alternative energy on Energy is also one of the greatest oil and gas price increases as well as the OCS. As a first step, under an input costs for manufacturers. This other environmental and economic interim policy announced in late 2007, sector is dependent upon globally factors. A moratorium imposed by the MMS is working toward issuance of competitive energy to compete in the Canadian government on offshore several leases for data gathering and marketplace both domestically and drilling in Georges Bank, a rich fishing technology testing. These leases will globally. According to the Industrial ground off southwest Nova Scotia in the look at varied renewable energy sources Energy Consumers of America (IECA), a North Atlantic, is in place until 2012. in different portions of the OCS. The cross-industry trade association, the The Canadian government is Energy Information Administration high price of natural gas in particular considering lifting that moratorium. (EIA) reported in 2007 that wind and has contributed to the loss of about 3.3 Canada also has issued leases and other renewables are the fastest growing million, or about 19 percent, of U.S. exploration rights in the eastern energy sources in the U.S., projecting manufacturing jobs since 2000 (Source: Beaufort Sea adjacent to the U.S. that renewables will account for over 10 Cicio, Paul. Industrial Energy Beaufort Sea. Another example is Cuba, percent of domestic energy production Consumers of America. ‘‘A Natural-Gas which has entered into licenses with by 2030. In the long term, development High.’’ Forbes.com. 4 June 2008. private energy companies to develop its of a wide array of renewable energy http://www.ieca-us.com/documents/ offshore resources. Cuba appears to be sources is critical. However, in the short 06.04.08_Forbes.comArticle- exploring aggressively its oil and gas and mid-term, both nationally and MagazineArticle.pdf). resources since the late 1990’s, with globally, we will continue to rely on Furthermore, as the use of natural gas offshore activity less than 50 miles from fossil fuels. to generate electricity has grown in this the coast of Florida. On June 18, 2008, the President country, the increase in natural gas The vast majority of OCS production issued a statement on energy, prices causes an increase in electricity comes from the Central and Western particularly focusing on the rising price costs to manufacturers as well as to the Planning Areas of the Gulf of Mexico. of gasoline. High gasoline prices stem general public. The EIA projects Given the recent effects of hurricanes on from high oil prices which result from residential electricity prices will Gulf production in the short and long basic ‘‘supply and demand’’ factors in increase by an annual average of about terms, it is clear that the country has the current market. The dramatic 5.2 percent in 2008 and 9.8 percent in concentrated most of its offshore increase in oil and natural gas prices has 2009, compared with an increase of 2.2 domestic energy production activity in resulted from growing U.S. and global percent in 2007. (Source: Short-Term one area. To address this, MMS is demand for these products that has not Energy Outlook. Energy Information calling for a broadened approach to been matched by an equivalent increase Administration. 8 July 2008. http:// address other areas of the OCS as well. in available supplies. The President www.eia.doe.gov/steo) Unlike oil that is In testimony before Congress in May stated that much of the oil consumed in priced globally, natural gas is a more 2008, Energy Secretary Bodman the U.S. comes from abroad and some of regional product that is priced emphasized the need to expand that is from ‘‘unstable regions and domestically. Over 80 percent of natural conventional energy supplies and unfriendly regimes. This makes us more gas consumed in the U.S. is diversify their sources. He proposed vulnerable to supply shocks and price domestically produced. While supply greater access to areas, including the spikes beyond our control—and that and demand have remained fairly OCS, that contain substantial amounts puts both our economy and our security stable, the price of natural gas has

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shown an increase of almost 130 percent States, or its individual States, with and the approved program includes over the past year. respect to the nature or extent of three areas that had not been considered In his June 18 statement, the President internal waters or of sovereign rights or for leasing for many years—the North asked Congress to pass legislation as jurisdiction. Aleutian Basin, Alaska; a portion of the soon as possible to lift the congressional Many planning areas were subject to Gulf of Mexico; and an area in the Mid- restrictions in order to give states the a recently modified presidential Atlantic off the coast of Virginia. Only option to recommend the opening of the withdrawal from leasing under the the area off Virginia remains under a OCS off their coasts to environmentally- authority of section 12 of the OCS Lands congressional ban. Had these areas not responsible exploration for and Act (43 U.S.C. 1341). On July 14, 2008 been included in the Draft Proposed development of hydrocarbon resources a Modification of the Presidential Program, they could not have been in and sharing of revenues. On July 14, the Withdrawal of areas of the United States the approved program. President removed the executive Outer Continental Shelf from leasing As set forth in more detail later in this prohibition in those areas and again disposition was announced by President notice, the information requested is asked Congress to lift the congressional Bush in the following statement, ‘‘Under wide-ranging, including other uses of restrictions and to allow increased the authority vested in me as President the sea, marine productivity, and domestic oil exploration and of the United States, including section environmental sensitivity. Accordingly, production. Similar legislation has been 12(a) of the Outer Continental Shelf this notice provides an opportunity for introduced in the recent past, but not Lands Act, 43 U.S.C. 1341(a), I hereby a governor or anyone else to comment enacted. The current economic and modify the prior memoranda of on any area of the OCS. Such energy situation may argue for withdrawals from disposition by leasing information is therefore solicited and reconsideration of these matters. The of the United States Outer Continental will be considered in light of the factors dramatic increase in energy prices has Shelf issued on August 4, 1992, and specified by section 18 of the OCS affected all aspects of the American June 12, 1998, as modified on January Lands Act, discussed later in this notice, economy, and while not all coastal 9, 2007, to read only as follows:’’ and in light of existing moratoria. Based states have considered exploration and upon the analysis of these factors, the Under the authority vested in me as development activity off their coasts, President of the United States, including Secretary will decide which areas to some states have already addressed the section 12(a) of the Outer Continental Shelf include in the draft proposed program. potential of the OCS. For example, in Lands Act, 43 U.S.C. 1341(a), I hereby Pursuant to section 18, included areas 2006 the Commonwealth of Virginia withdraw from disposition by leasing, for a will be subject to further analysis as adopted an energy policy that includes time period without specific expiration, well as review and analysis under interest in developing natural gas those areas of the Outer Continental Shelf NEPA. The Secretary also seeks resources more than 50 miles off its designated as of July 14, 2008, as Marine comments on whether the Congressional coast. Similar legislation has been Sanctuaries under the Marine Protection, restrictions should be eliminated or Research, and Sanctuaries Act of 1972, 16 introduced in other states. U.S.C. 1431–1434, 33 U.S.C. 1401 et seq. modified. Section 18 of the OCS Lands Act requires that the Secretary consider This modification affects the Section 18 national energy needs in formulating a following planning areas: Washington- As previously noted, the program leasing program. In April 2007 when Oregon; Northern, Central, and preparation process will follow all the MMS announced the Proposed Final Southern California; South, Mid-, and procedural steps required by section 18 Program for 2007–2012, oil was priced North Atlantic; and Central and Eastern of the OCS Lands Act. This notice at $64.21 per barrel. As of the end of Gulf of Mexico. Portions of these solicits comments early in the June 2008, prices were at $134.60 per planning areas have been closed to preparation process pursuant to section barrel, representing an increase of over leasing pursuant to congressional 18(c)(1) of that Act. The MMS will 100 percent. Gasoline prices have moratoria in annual appropriations prepare a draft proposed program based doubled over the same period from just statutes from the 1980’s to the present. upon consideration of the comments we over $2 to over $4 per gallon. Also pursuant to the Gulf of Mexico receive and analysis of the principles Energy Security Act of 2006, Congress and factors specified in section 18. The OCS Planning Areas To Be Considered placed off limits until 2022 the Eastern draft proposed program will present for and Analyzed Gulf within 125 miles of Florida, all of review and comment a preliminary Section 18 of the OCS Lands Act the Eastern Gulf east of 86 degrees, 41 schedule of lease sales and potential requires that the 5-year schedule of minutes West longitude, and a portion alternatives. lease sales be based upon a comparative of the Central Gulf within 100 miles of Section 18 of the OCS Lands Act lists analysis of the oil and gas-bearing Florida. See Figure 2. The President’s the factors to be considered—the regions of the OCS. MMS has created 26 June 16 and July 14 statements continue economic, social, and environmental planning areas, which are depicted in to recognize that deference should be values of all of the resources of the OCS Figures 1 and 2. The boundaries paid to the coastal states, but calls for and the potential impact of oil and gas between planning areas were discontinuing the restrictions so the exploration and development on the administratively created and are not states have the option to decide whether environment. Specific factors that must specified in law or regulation. Note that to support offshore activity. As with the be analyzed and considered in deciding precise marine boundaries between the RFI issued in August 2005 (70 FR where and when to lease include the United States and nearby or adjacent 49669) for the current program, we are following: (1) Existing information on nations have not been determined in all asking for input from the states, local the geographical, geological, and cases. The depicted maritime governments, and other interested ecological characteristics of such boundaries and limits, as well as parties as to whether and how their regions; (2) equitable sharing of divisions between planning areas, interest in offshore resources has developmental benefits and where shown, are for planning and changed. Based upon expressions of environmental risks among the various administrative purposes only. These such interest in the initiation of the regions; (3) location of such regions and limits do not affect or prejudice in any current program, areas under restriction regional and national energy markets; manner the position of the United were included in the program proposals (4) location with respect to other current

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and anticipated uses of the sea and activities, existing or proposed sea what environmental impacts do you seabed; (5) expressed industry interest; lanes, potential sites of deepwater ports foresee from imports of oil and gas? (6) laws, goals, and policies of affected (including liquefied natural gas (viii) Is there a strategic advantage to states specifically identified by facilities), potential offshore wind, considering sources of oil and gas in governors; (7) relative environmental wave, current or other alternative energy areas currently under congressional sensitivity and marine productivity of sites, and other anticipated uses of OCS moratoria to potentially diversify OCS different areas of the OCS; and (8) resources and locations; energy development? environmental and predictive (6) Relative environmental sensitivity Specific information for different areas of the and marine productivity of the different OCS. The OCS Lands Act requires the planning areas and/or a specific section States Secretary to obtain a proper balance of a given planning area of the OCS; As every state is feeling the effects of among the potential for environmental (7) Environmental and predictive increased oil and gas prices and thereby damage, the discovery of oil and gas, information pertaining to offshore and is potentially impacted by the and adverse impact on the coastal zone, coastal areas potentially affected by OCS possibilities of enhanced domestic for which DOI uses cost-benefit oil and gas development (including, but energy production, a letter soliciting analysis. not limited to, socio-cultural and such information has been sent to the Types of Information Requested archaeological information); and governors of all 50 states. For coastal (8) Methods and procedures for states, pursuant to section 18(f)(5) of the The MMS invites comments from assuring the receipt of fair market value OCS Lands Act and implementing anyone who would like to submit for lands leased. regulations at 30 CFR 256.20, MMS information for us to consider in The MMS also invites commenters to requests information concerning the determining the appropriate size, respond to the following questions: relationship between OCS oil and gas timing, and location of OCS oil and gas (i) What do you think is the proper activity and the states’ coastal zone leasing for the new 5-year period. The role of OCS oil and gas leasing as part management programs that are being types of information we seek are of a comprehensive national energy developed or administered under the described below, using general and policy? How should the 5-year program Coastal Zone Management Act. We also specific headings. Regardless of these be structured to fulfill this role? request states to submit information headings, all respondents are welcome (ii) Since recent studies have concerning environmental risk and to comment on any aspect of program projected shortfalls in meeting energy potential for damage to coastal and preparation and to submit any type of needs, particularly natural gas, how marine resources associated with pertinent information. could such needs be balanced with the development of the OCS, information General laws, goals, and policies influencing the related to other uses of the sea, and any management of the OCS? How should The MMS would like to receive information that is relevant to equitable long-term planning address the current comments and suggestions of national sharing of developmental benefits and energy supply situation? or regional application that would be environmental risks associated with (iii) Should areas under Congressional useful in formulating the program. The OCS oil and gas activity. In addition, for moratoria be included in the new 5-Year types of information that would be most non-coastal and coastal states we Program? What areas? With Sales useful to us in conducting the analysis request information on the impacts of proposed in what time-frame? pursuant to section 18 of the OCS Lands rising prices and potential shortages on Act relate to the following factors: (iv) Although OCS oil and gas leasing your economies and citizens and their (1) National energy needs for the is typically conducted through an roles in the national economy. extensive, long-established process, are period relevant to the new program (in Oil and Gas Industry particular for this program, the role of there alternative ways to ensure OCS oil and gas leasing in achieving appropriate consultation and to As specified in section 18(a)(2)(E) of national energy policy goals, including streamline our leasing procedures? the OCS Lands Act, MMS requests that its potential for contributing to Should the OCS Lands Act be amended oil and gas industry respondents increased domestic natural gas to allow changes in the 5-year plan provide information indicating interest supplies); the economic, social, and without starting the process all over in the opportunity to lease and develop environmental values of the renewable again in cases of acute supply or additional OCS oil and gas resources. and nonrenewable resources contained demand shift affecting national Respondents should base this in the OCS; and the potential impact of security? How might we best meet the information upon their expectations as oil and gas exploration and purpose of the OCS Lands Act ‘‘to of 2010. For each area in which a development on other resource values of insure that the extent of oil and gas company is interested, please submit the OCS and the marine, coastal, and resources of the outer Continental Shelf information concerning unleased human environments; is assessed at the earliest practicable hydrocarbon potential, future oil and (2) Geographical, geological, and time’’? gas price expectations, and other ecological characteristics of the (v) If new areas are leased for relevant information that the company planning areas of the OCS and near exploration and potential development, uses in making OCS oil and gas leasing shore and coastal environments; what short-term and long-term impacts decisions. The MMS requests that (3) Equitable sharing of do you foresee for the economies of industry respondents provide additional developmental benefits and coastal communities? information as specified below. Upon environmental risks among the various (vi) How should ecological request, such information will be treated planning areas; considerations be weighed against confidentially, as explained further (4) Location of planning areas with national and local economic benefits, if below: respect to, and the relative needs of, new areas are considered for oil and gas (1) Indicate the OCS planning area(s) regional and national energy markets; leasing? where the company would be interested (5) Other uses of the sea and seabed, (vii) If new areas are not leased for in acquiring oil and gas leases regardless including fisheries, navigation, military exploration and potential development, of whether the area is currently under

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Congressional moratoria. If more than Section 18(g) of the OCS Lands Act containing privileged or proprietary one planning area is of interest, rank the authorizes confidential treatment of information. areas in order of preference. privileged or proprietary information. In Department of Commerce (2) Indicate the number and timing of order to protect the confidentiality of lease sales in the period 2010–2015 that privileged or proprietary information, Pursuant to section 18(f)(5) of the OCS would be appropriate for each planning include such information as an Lands Act and implementing area. If only one lease sale in a planning attachment to other comments regulations at 30 CFR 256.20, MMS area is appropriate, indicate whether submitted so that there is no ambiguity requests information concerning that area should be considered for about what portions of the comments relationships between affected states’ leasing early or late in the 5-year are confidential or proprietary. Upon coastal zone management programs and program schedule. If more than one OCS oil and gas activities. We have sent lease sale in a planning area is request, MMS will treat the privileged or proprietary information that is a letter to the Secretary of Commerce suggested, indicate the preferred soliciting such information. interval between lease sales. attached to a response as confidential (3) The MMS estimated resource from the time of its receipt until 5 years Department of Energy after approval of the 2010–2015 leasing potential in moratoria areas is based on Pursuant to implementing regulations a limited number of wells, and very old program, subject to the standards of the at 30 CFR 256.16, MMS requests (25 years) seismic data. How might Freedom of Information Act. However, information concerning regional and seismic data be acquired in these areas? MMS will not treat as confidential any national energy markets, OCS oil and (4) Indicate the lead time to aggregate summaries of privileged or gas production goals, and oil and gas production (should new leasing be proprietary information, the names of transportation networks. We have sent a allowed to occur in previously restricted respondents, or comments not letter to the Secretary of Energy areas) in areas that are not part of the containing such information. As noted soliciting such information. current program, relative to lead-times above, respondents should affix the Dated: July 29, 2008. to new production in previously leased label ‘‘Contains Confidential Randall B. Luthi, areas like the Central and Western Gulf Information’’ on any envelope of Mexico. Director, Minerals Management Service.

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[FR Doc. E8–17708 Filed 7–31–08; 8:45 am] performance of duties imposed on the Assessment and FONSI for BILLING CODE 4310–MR–P Department of the Interior. Improvements to the Rio Grande Dirk Kempthorne, Rectification Project (RGRP) located in El Paso and Hudspeth Counties, Texas Secretary of the Interior. DEPARTMENT OF THE INTERIOR are available. An environmental impact [FR Doc. E8–17587 Filed 7–31–08; 8:45 am] Bureau of Reclamation statement will not be prepared unless BILLING CODE 4310–MN–M additional information which may affect Glen Canyon Dam Adaptive this decision is brought to our attention Management Work Group within 30 days from the date of this INTERNATIONAL BOUNDARY AND Notice. AGENCY: Bureau of Reclamation, WATER COMMISSION, UNITED Interior. STATES AND MEXICO FOR FURTHER INFORMATION CONTACT: Lisa ACTION: Notice of charter renewal. Santana, Environmental Protection United States Section; Notice of Specialist, Environmental Management SUMMARY: This notice is published in Availability of a Draft Environmental Division, United States Section, accordance with section 9(a)(2) of the Assessment and Finding of No International Boundary and Water Federal Advisory Committee Act of Significant Impact for Improvements to 1972 (Pub. L. 92–463, as amended). Commission; 4171 N. Mesa, C–100; El the Rio Grande Rectification Project in Paso, Texas 79902. Telephone: (915) Following consultation with the General El Paso and Hudspeth Counties, TX Services Administration, notice is 832–4707; e-mail: hereby given that the Secretary of the AGENCY: United States Section, [email protected]. Interior (Secretary) is renewing the International Boundary and Water DATES: Comments on the Draft EA and charter for the Glen Canyon Dam Commission, United States and Mexico Draft FONSI will be accepted through Adaptive Management Work Group. The (USIBWC). September 2, 2008 purpose of the Adaptive Management ACTION: Notice of Availability of Draft Work Group is to advise and to provide Environmental Assessment (EA) and Availability: Single hard copies of the recommendations to the Secretary with Finding of No Significant Impact Draft Environmental Assessment and respect to the operation of Glen Canyon (FONSI). Finding of No Significant Impact are Dam and the exercise of other available by request at the above authorities pursuant to applicable SUMMARY: Pursuant to Section 102(2)(c) address. Electronic copies are available Federal law. of the National Environmental Policy from the USIBWC homepage at http:// FOR FURTHER INFORMATION CONTACT: Act (NEPA) of 1969, the Council on www.ibwc.gov/Organization/ Linda Whetton, 801–524–3880. Environmental Quality Final Environmental/ The certification of renewal is Regulations (40 CFR Parts 1500 through EIS_EA_Public_Comment.html. published below. 1508), and the United States Section’s Operational Procedures for Dated: July 28, 2008. Certification Implementing Section 102 of NEPA, Susan Daniel, I hereby certify that Charter renewal published in the Federal Register General Counsel. of the Glen Canyon Dam Adaptive September 2, 1981, (46 FR 44083); the [FR Doc. E8–17514 Filed 7–31–08; 8:45 am] Management Work Group is in the USIBWC hereby gives notice of BILLING CODE 7010–01–P public interest in connection with the availability of the Draft Environmental

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INTERNATIONAL TRADE Commission should contact the Office Commerce’s scope, produced by U.S. COMMISSION of the Secretary at 202–205–2000. mills or cut from coiled plate by service General information concerning the centers. In its full five-year review [Investigation Nos. 731–TA–753, 754, and Commission may also be obtained by determinations, the Commission 756 (Second Review)] accessing its internet server (http:// defined the Domestic Like Product as Cut-to-Length Carbon Steel Plate From www.usitc.gov). The public record for cut-to-length plate, including cut-to- China, Russia, and Ukraine these reviews may be viewed on the length plate made from microalloy steel. Commission’s electronic docket (EDIS) One Commissioner defined the AGENCY: United States International at http://edis.usitc.gov. Domestic Like Product differently in the Trade Commission. SUPPLEMENTARY INFORMATION: first five-year reviews. ACTION: Institution of five-year reviews Background. On October 24, 1997, the (4) The Domestic Industry is the U.S. concerning the antidumping duty order Department of Commerce suspended producers as a whole of the Domestic on cut-to-length carbon steel plate from antidumping duty investigations on Like Product, or those producers whose China and the suspended investigations imports of cut-to-length carbon steel collective output of the Domestic Like on cut-to-length carbon steel plate from plate from China, Russia, and Ukraine Product constitutes a major proportion Russia and Ukraine. (62 FR 61766, 61773, and 61780, of the total domestic production of the November 19, 1997). Following five- product. In its original determinations SUMMARY: The Commission hereby gives year reviews by Commerce and the and its full five-year review determinations, the Commission notice that it has instituted reviews Commission, effective September 17, defined the Domestic Industry to pursuant to section 751(c) of the Tariff 2003, Commerce issued a continuation include all producers of the Domestic Act of 1930 (19 U.S.C. 1675(c)) (the Act) of the suspended investigations on Like Product, whether toll producers, to determine whether revocation of the imports of cut-to-length carbon steel integrated producers, or processors. One antidumping duty order on cut-to-length plate from China, Russia, and Ukraine Commissioner defined the Domestic carbon steel plate from China and/or the (68 FR 54417). The suspension Industry differently in the first five-year termination of the suspended agreement concerning cut-to-length investigations on cut-to-length carbon reviews. carbon steel plate from China was (5) An Importer is any person or firm steel plate from Russia and Ukraine subsequently terminated and an would be likely to lead to continuation engaged, either directly or through a antidumping duty order was imposed parent company or subsidiary, in or recurrence of material injury. effective November 3, 2003 (68 FR Pursuant to section 751(c)(2) of the Act, importing the Subject Merchandise into 60081). The Commission is now the United States from a foreign interested parties are requested to conducting second reviews to determine respond to this notice by submitting the manufacturer or through its selling whether revocation of the order agent. information specified below to the concerning cut-to-length carbon steel 1 Participation in the reviews and Commission; to be assured of plate from China and/or termination of consideration, the deadline for public service list. Persons, including the suspended investigations industrial users of the Subject responses is September 22, 2008. concerning cut-to-length carbon steel Comments on the adequacy of responses Merchandise and, if the merchandise is plate from Russia and Ukraine would be sold at the retail level, representative may be filed with the Commission by likely to lead to continuation or October 15, 2008. For further consumer organizations, wishing to recurrence of material injury to the participate in the reviews as parties information concerning the conduct of domestic industry within a reasonably must file an entry of appearance with these reviews and rules of general foreseeable time. It will assess the the Secretary to the Commission, as application, consult the Commission’s adequacy of interested party responses provided in section 201.11(b)(4) of the Rules of Practice and Procedure, part to this notice of institution to determine Commission’s rules, no later than 21 201, subparts A through E (19 CFR part whether to conduct full reviews or days after publication of this notice in 201), and part 207, subparts A, D, E, and expedited reviews. The Commission’s the Federal Register . The Secretary will F (19 CFR part 207). determinations in any expedited maintain a public service list containing DATES: Effective Date: August 1, 2008. reviews will be based on the facts the names and addresses of all persons, FOR FURTHER INFORMATION CONTACT: available, which may include or their representatives, who are parties Mary Messer (202–205–3193), Office of information provided in response to this to the reviews. Investigations, U.S. International Trade notice. Former Commission employees who Commission, 500 E Street, SW., Definitions. The following definitions are seeking to appear in Commission Washington, DC 20436. Hearing- apply to these reviews: five-year reviews are advised that they impaired persons can obtain (1) Subject Merchandise is the class or may appear in a review even if they information on this matter by contacting kind of merchandise that is within the participated personally and the Commission’s TDD terminal on 202– scope of the five-year reviews, as substantially in the corresponding 205–1810. Persons with mobility defined by the Department of underlying original investigation. The impairments who will need special Commerce. Commission’s designated agency ethics assistance in gaining access to the (2) The Subject Countries in these official recently has advised that a five- reviews are China, Russia, and Ukraine. year review is no longer considered the 1 No response to this request for information is (3) The Domestic Like Product is the ‘‘same particular matter’’ as the required if a currently valid Office of Management domestically produced product or corresponding underlying original and Budget (OMB) number is not displayed; the OMB number is 3117–0016/USITC No. 08–5-187, products which are like, or in the investigation for purposes of 18 U.S.C. expiration date June 30, 2011. Public reporting absence of like, most similar in 207, the post employment statute for burden for the request is estimated to average 15 characteristics and uses with, the Federal employees, and Commission hours per response. Please send comments Subject Merchandise. In its original rule 201.15(b) (19 CFR 201.15(b)), 73 FR regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade determinations, the Commission 24609 (May 5, 2008). This advice was Commission, 500 E Street, SW., Washington, DC defined the Domestic Like Product as developed in consultation with the 20436. cut-to-length plate, co-extensive with Office of Government Ethics.

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Consequently, former employees are no conform with the requirements of association, identify the firms in which longer required to seek Commission sections 201.6 and 207.7 of the your workers are employed or which are approval to appear in a review under Commission’s rules. The Commission’s members of your association. Commission rule 19 CFR 201.15, even if rules do not authorize filing of (3) A statement indicating whether the corresponding underlying original submissions with the Secretary by your firm/entity is willing to participate investigation was pending when they facsimile or electronic means, except to in these reviews by providing were Commission employees. For the extent permitted by section 201.8 of information requested by the further ethics advice on this matter, the Commission’s rules, as amended, 67 Commission. contact Carol McCue Verratti, Deputy FR 68036 (November 8, 2002). Also, in (4) A statement of the likely effects of Agency Ethics Official, at 202–205– accordance with sections 201.16(c) and the revocation of the antidumping duty 3088. 207.3 of the Commission’s rules, each order with respect to China and the Limited disclosure of business document filed by a party to the reviews termination of the suspended proprietary information (BPI) under an must be served on all other parties to investigations with respect to Russia administrative protective order (APO) the reviews (as identified by either the and Ukraine on the Domestic Industry and APO service list. Pursuant to public or APO service list as in general and/or your firm/entity section 207.7(a) of the Commission’s appropriate), and a certificate of service specifically. In your response, please rules, the Secretary will make BPI must accompany the document (if you discuss the various factors specified in submitted in these reviews available to are not a party to the reviews you do not section 752(a) of the Act (19 U.S.C. authorized applicants under the APO need to serve your response). 1675a(a)) including the likely volume of issued in the reviews, provided that the Inability to provide requested subject imports, likely price effects of application is made no later than 21 information. Pursuant to section subject imports, and likely impact of days after publication of this notice in 207.61(c) of the Commission’s rules, any imports of Subject Merchandise on the the Federal Register. Authorized interested party that cannot furnish the Domestic Industry. applicants must represent interested information requested by this notice in (5) A list of all known and currently parties, as defined in 19 U.S.C. 1677(9), the requested form and manner shall operating U.S. producers of the who are parties to the reviews. A notify the Commission at the earliest Domestic Like Product. Identify any separate service list will be maintained possible time, provide a full explanation known related parties and the nature of by the Secretary for those parties of why it cannot provide the requested the relationship as defined in section authorized to receive BPI under the information, and indicate alternative 771(4)(B) of the Act (19 U.S.C. APO. forms in which it can provide 1677(4)(B)). Certification. Pursuant to section equivalent information. If an interested (6) A list of all known and currently 207.3 of the Commission’s rules, any party does not provide this notification operating U.S. importers of the Subject person submitting information to the (or the Commission finds the Merchandise and producers of the Commission in connection with these explanation provided in the notification Subject Merchandise in each Subject reviews must certify that the inadequate) and fails to provide a Country that currently export or have information is accurate and complete to complete response to this notice, the exported Subject Merchandise to the the best of the submitter’s knowledge. In Commission may take an adverse United States or other countries after making the certification, the submitter inference against the party pursuant to 2002. will be deemed to consent, unless section 776(b) of the Act in making its (7) If you are a U.S. producer of the otherwise specified, for the determinations in the reviews. Domestic Like Product, provide the Commission, its employees, and Information to be Provided in following information on your firm’s contract personnel to use the Response to this Notice of Institution: If operations on that product during information provided in any other you are a domestic producer, union/ calendar year 2007 (report quantity data reviews or investigations of the same or worker group, or trade/business in short tons and value data in U.S. comparable products which the association; import/export Subject dollars, f.o.b. plant). If you are a union/ Commission conducts under Title VII of Merchandise from more than one worker group or trade/business the Act, or in internal audits and Subject Country; or produce Subject association, provide the information, on investigations relating to the programs Merchandise in more than one Subject an aggregate basis, for the firms in and operations of the Commission Country, you may file a single response. which your workers are employed/ pursuant to 5 U.S.C. Appendix 3. If you do so, please ensure that your which are members of your association. Written submissions. Pursuant to response to each question includes the (a) Production (quantity) and, if section 207.61 of the Commission’s information requested for each pertinent known, an estimate of the percentage of rules, each interested party response to Subject Country. As used below, the total U.S. production of the Domestic this notice must provide the information term ‘‘firm’’ includes any related firms. Like Product accounted for by your specified below. The deadline for filing (1) The name and address of your firm firm’s(s’) production; such responses is September 22, 2008. or entity (including World Wide Web (b) The quantity and value of U.S. Pursuant to section 207.62(b) of the address if available) and name, commercial shipments of the Domestic Commission’s rules, eligible parties (as telephone number, fax number, and e- Like Product produced in your U.S. specified in Commission rule mail address of the certifying official. plant(s); and 207.62(b)(1)) may also file comments (2) A statement indicating whether (c) The quantity and value of U.S. concerning the adequacy of responses to your firm/entity is a U.S. producer of internal consumption/company the notice of institution and whether the the Domestic Like Product, a U.S. union transfers of the Domestic Like Product Commission should conduct expedited or worker group, a U.S. importer of the produced in your U.S. plant(s). or full reviews. The deadline for filing Subject Merchandise, a foreign producer (8) If you are a U.S. importer or a such comments is October 15, 2008. All or exporter of the Subject Merchandise, trade/business association of U.S. written submissions must conform with a U.S. or foreign trade or business importers of the Subject Merchandise the provisions of sections 201.8 and association, or another interested party from the Subject Country(ies), provide 207.3 of the Commission’s rules and any (including an explanation). If you are a the following information on your submissions that contain BPI must also union/worker group or trade/business firm’s(s’) operations on that product

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during calendar year 2007 (report the ability to shift supply among International Trade Commission, 500 E quantity data in short tons and value different national markets (including Street, SW., Washington, DC 20436, data in U.S. dollars). If you are a trade/ barriers to importation in foreign telephone (202) 205–2000. General business association, provide the markets or changes in market demand information concerning the Commission information, on an aggregate basis, for abroad). Demand conditions to consider may also be obtained by accessing its the firms which are members of your include end uses and applications; the Internet server at http://www.usitc.gov. association. existence and availability of substitute The public record for this investigation (a) The quantity and value (landed, products; and the level of competition may be viewed on the Commission’s duty-paid but not including among the Domestic Like Product electronic docket (EDIS) at http:// antidumping duties) of U.S. imports produced in the United States, Subject edis.usitc.gov. Hearing-impaired and, if known, an estimate of the Merchandise produced in the Subject persons are advised that information on percentage of total U.S. imports of Country(ies), and such merchandise this matter can be obtained by Subject Merchandise from each Subject from other countries. contacting the Commission’s TDD Country accounted for by your firm’s(s’) (11) (OPTIONAL) A statement of terminal on (202) 205–1810. imports; whether you agree with the above SUPPLEMENTARY INFORMATION: The (b) The quantity and value (f.o.b. U.S. definitions of the Domestic Like Product Commission instituted this investigation port, including antidumping duties) of and Domestic Industry; if you disagree on May 11, 2006, based on a complaint, U.S. commercial shipments of Subject with either or both of these definitions, as amended, filed by Crocs, Inc. Merchandise imported from each please explain why and provide (‘‘Crocs’’) of Niwot, Colorado. 71 FR Subject Country; and alternative definitions. (c) The quantity and value (f.o.b. U.S. 27514 (2006). The amended complaint port, including antidumping duties) of Authority: These reviews are being alleges violations of section 337 of the conducted under authority of title VII of the Tariff Act of 1930, as amended (19 U.S. internal consumption/company Tariff Act of 1930; this notice is published transfers of Subject Merchandise U.S.C. 1337), in the importation into the pursuant to section 207.61 of the United States, the sale for importation, imported from each Subject Country. Commission’s rules. (9) If you are a producer, an exporter, and the sale within the United States or a trade/business association of Issued: July 21, 2008. after importation of certain foam producers or exporters of the Subject By order of the Commission. footwear, by reason of infringement of Merchandise in the Subject Marilyn R. Abbott, claims 1–2 of U.S. Patent No. 6,993,858 Country(ies), provide the following Secretary to the Commission. (‘‘the ‘858 patent’’); U.S. Patent No. information on your firm’s(s’) [FR Doc. E8–17179 Filed 7–31–08; 8:45 am] D517,789 (‘‘the ‘789 patent’’); and the operations on that product during BILLING CODE 7020–02–P Crocs trade dress (the image and overall calendar year 2007 (report quantity data appearance of Crocs-brand footwear). in short tons and value data in U.S. The complaint further alleges that an dollars, landed and duty-paid at the INTERNATIONAL TRADE industry in the United States exists as U.S. port but not including antidumping COMMISSION required by subsection (a)(2) of section 337. The complaint requests that the duties). If you are a trade/business [Investigation No. 337–TA–567] association, provide the information, on Commission issue a permanent general an aggregate basis, for the firms which In the Matter of Certain Foam exclusion order and permanent cease are members of your association. Footwear; Notice of Commission and desist orders. The complaint (a) Production (quantity) and, if Decision To Modify a Final Initial identifies 11 respondents that include: known, an estimate of the percentage of Determination and To Terminate the (1) Collective Licensing International, total production of Subject Merchandise Investigation With a Finding of No LLC (‘‘Collective’’) of Englewood, in each Subject Country accounted for Violation of Section 337 Colorado; (2) Double Diamond by your firm’s(s’) production; and Distribution Ltd. (‘‘Double Diamond’’) of (b) the quantity and value of your AGENCY: U.S. International Trade Saskatoon, Saskatchewan; (3) firm’s(s’) exports to the United States of Commission. Effervescent Inc. (‘‘Effervescent’’) of Subject Merchandise and, if known, an ACTION: Notice. Fitchburg, Massachusetts; (4) Gen-X estimate of the percentage of total Sports, Inc. (‘‘Gen-X Sports’’) of exports to the United States of Subject SUMMARY: Notice is hereby given that Toronto, Ontario; (5) Holey Soles Merchandise from each Subject Country the U.S. International Trade Holding Ltd. (‘‘Holey Soles’’) of accounted for by your firm’s(s’) exports. Commission has determined to modify Vancouver, British Columbia; (6) (10) Identify significant changes, if a final initial determination (‘‘ID’’) of Australia Unlimited, Inc. of Seattle, any, in the supply and demand the presiding administrative law judge Washington; (7) Cheng’s Enterprises Inc. conditions or business cycle for the (‘‘ALJ’’). The Commission has of Carlstadt, New Jersey; (8) D. Myers & Domestic Like Product that have determined that there is no violation of Sons, Inc. of Baltimore, Maryland; (9) occurred in the United States or in the section 337 in the above-captioned Inter-Pacific Trading Corp. of Los market for the Subject Merchandise in investigation. Angeles, California; (10) Pali Hawaii of each Subject Country after 2002, and FOR FURTHER INFORMATION CONTACT: Honolulu, Hawaii; and (11) Shaka Shoes significant changes, if any, that are Clint Gerdine, Esq., Office of the of Kaliua-Kona, Hawaii. The likely to occur within a reasonably General Counsel, U.S. International Commission terminated the foreseeable time. Supply conditions to Trade Commission, 500 E Street, SW., investigation as to the trade dress consider include technology; Washington, DC 20436, telephone (202) allegation on September 11, 2006. A production methods; development 708–2310. Copies of non-confidential twelfth respondent, Old Dominion efforts; ability to increase production documents filed in connection with this Footwear, Inc. of Madison Heights, (including the shift of production investigation are or will be available for Virginia, was added to the investigation facilities used for other products and the inspection during official business on October 10, 2006. All but five use, cost, or availability of major inputs hours (8:45 a.m. to 5:15 p.m.) in the respondents have been terminated from into production); and factors related to Office of the Secretary, U.S. the investigation on the basis of a

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consent order, settlement agreement, or SUMMARY: Notice is hereby given that Commission determined not to review undisputed Commission determination the U.S. International Trade the ID. of non-infringement. The five remaining Commission has issued a limited On March 10, 2008, GSC filed a respondents are: (1) Collective; (2) exclusion order against the infringing motion requesting an order directing Double Diamond; (3) Effervescent; (4) products of a respondent found in respondent Nanjing to show cause why Gen-X Sports; and (5) Holey Soles. default, and has terminated the above- it should not be found in default for On April 11, 2008, the ALJ issued his captioned investigation. failure to respond to the complaint and final ID finding no violation of section FOR FURTHER INFORMATION CONTACT: Notice of Investigation. On March 21, 337 by the remaining respondents. The Jonathan J. Engler, Office of the General 2008, the ALJ issued Order No. 9, which Commission extended the deadline for Counsel, U.S. International Trade ordered Nanjing to show cause by April determining whether to review the final Commission, 500 E Street, SW., 4, 2008 why it should not be found in ID until June 18, 2008. Washington, DC 20436, telephone (202) default. No response to Order No. 9 was On June 18, 2008, the Commission 205–3112. Copies of non-confidential filed. On April 25, 2008, the ALJ issued determined to review-in-part the final documents filed in connection with this an ID, Order No. 10, finding Nanjing in ID. Particularly, the Commission investigation are or will be available for default. The Commission determined determined to review: (1) The ALJ’s inspection during official business not to review that ID. Because Nanjing findings concerning non-infringement of hours (8:45 a.m. to 5:15 p.m.) in the was found to be in default, the the ‘789 patent by the respondents’ Office of the Secretary, U.S. Commission issued notice of its products and lack of satisfaction of the International Trade Commission, 500 E consideration of a default remedy, and technical prong of the domestic industry Street, SW., Washington, DC 20436, requested briefing from interested requirement by Crocs’ footwear; and (2) telephone (202) 205–2000. General parties on remedy, the public interest, the ALJ’s finding of invalidity with information concerning the Commission and bonding on May 16, 2008. The Commission investigative respect to the ‘858 patent. may also be obtained by accessing its attorney and GSC submitted briefing Having reviewed the record in this Internet server (http://www.usitc.gov). responsive to the Commission’s request investigation, including the final ID and The public record for this investigation on May 30 and May 29, 2008, the parties’ briefing, the Commission may be viewed on the Commission’s respectively, and each proposed a has determined to modify and clarify electronic docket (EDIS) at http:// limited exclusion order directed to parts of the final ID concerning non- edis.usitc.gov. Hearing-impaired infringement and lack of satisfaction of Nanjing’s accused products, and persons are advised that information on recommended allowing entry under the technical prong of the domestic this matter can be obtained by industry requirement relating to the ‘789 bond of 100 percent of entered value contacting the Commission’s TDD during the period of Presidential review. patent and invalidity of the ‘858 patent. terminal on (202) 205–1810. The Commission found that each of The Commission affirms the final ID SUPPLEMENTARY INFORMATION: This the statutory requirements of section with the modifications and investigation was initiated on August 1, 337(g)(1)(A)–(E), 19 U.S.C. clarifications set forth in its separately 2007, based on a complaint filed by 1337(g)(1)(A)–(E), has been met with issued Opinion, and terminates the General Scientific Corporation (‘‘GSC’’) respect to the defaulting respondents. investigation with a finding of no of Ann Arbor, Michigan. 72 FR 42111 Accordingly, pursuant to section violation of section 337. (Aug. 1, 2007). The complaint alleges 337(g)(1), 19 U.S.C. 1337(g)(1), and The authority for the Commission’s violations of section 337 of the Tariff Commission rule 210.16(c), 19 CFR determination is contained in section Act of 1930 (19 U.S.C. 1337), as 210.16(c), the Commission presumed 337 of the Tariff Act of 1930, as amended, in the importation into the the facts alleged in the complaint to be amended, 19 U.S.C. 1337, and in section United States, the sale for importation, true. 210.45 of the Commission’s Rules of and the sale within the United States The Commission has determined that Practice and Procedure, 19 CFR 210.45. after importation of certain magnifying the appropriate form of relief in this Issued: July 25, 2008. loupe products and components thereof investigation is a limited exclusion By order of the Commission. by reason of infringement of claim 8 of order prohibiting the unlicensed entry Marilyn R. Abbott, U.S. Patent No. 5,446,507, claim 1 of of certain magnifying loupe products Secretary to the Commission. U.S. Patent No. 6,513,929, or claims 1– and components thereof, by reason of 5 or 10 of U.S. Patent No. 6,704,141. The infringement of one or more of claim 8 [FR Doc. E8–17665 Filed 7–31–08; 8:45 am] complaint further alleges that an of U.S. Patent No. 5,446,507, claim 1 of BILLING CODE 7020–02–P industry in the United States exists as U.S. Patent No. 6,513,929, and claims 1– required by subsection (a)(2) of section 5 and 10 of U.S. Patent No. 6,704,141 INTERNATIONAL TRADE 337. The complainant requested that the that are manufactured abroad by or on COMMISSION Commission issue an exclusion order behalf of, or imported by or on behalf and cease and desist orders. The of, Nanjing JinJiahe I/E Co. of Jiangsu, [Investigation No. 337–TA–611] complaint named SheerVision, Inc. China, or any of its affiliated companies, (‘‘SheerVision’’), of Rolling Hills Estates, parents, subsidiaries, or other related In the Matter of Certain Magnifying California, as well as Nanjing JinJiahe business entities, or any of their Loupe Products and Components I/E Co. (‘‘Nanjing’’), of Jiangsu, China, as successors or assigns. The Commission Thereof; Notice of Commission respondents. further determined that the public Issuance of a Limited Exclusion Order On January 28, 2008, GSC and interest factors enumerated in section Against the Infringing Products of respondent SheerVision jointly moved 337(g)(1), 19 U.S.C. 1337(g)(1), do not Respondent Found in Default; to terminate this investigation with preclude issuance of the limited Termination of Investigation respect to SheerVision based on a exclusion order. Finally, the AGENCY: U.S. International Trade settlement agreement and a proposed Commission determined that the bond Commission. consent order. On February 8, 2008, the under the limited exclusion order ALJ issued an ID (Order No. 8) granting during the Presidential review period ACTION: Notice. the motion to terminate. The shall be in the amount of 100 percent of

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the entered value of the imported INTERNATIONAL TRADE and federal agencies with an articles. The Commission’s order was COMMISSION opportunity to comment on proposed delivered to the President and the and/or continuing collections of [USITC SE–08–021] United States Trade Representative on information in accordance with the the day of its issuance. Government in the Sunshine Act Paperwork Reduction Act of 1995 The Commission has terminated this Meeting Notice (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This investigation. The authority for the program helps to ensure that requested Commission’s determination is AGENCY HOLDING THE MEETING: United data can be provided in the desired contained in section 337 of the Tariff States International Trade Commission. format, reporting burden (time and Act of 1930, as amended (19 U.S.C. TIME AND DATE: August 7, 2008 at 11 financial resources) is minimized, 1337), and sections 210.16(c) and 210.41 a.m. collection instruments are clearly of the Commission’s Rules of Practice understood, and the impact of collection PLACE: and Procedure (19 CFR 210.16(c) and Room 101, 500 E Street, SW., requirements on respondents can be § 210.41). Washington, DC 20436, Telephone: properly assessed. Currently, the (202) 205–2000. Issued: July 24, 2008. Employment and Training STATUS: By order of the Commission. Open to the public. Administration is soliciting comments Marilyn R. Abbott, MATTERS TO BE CONSIDERED: concerning the collection of data about Secretary. 1. Agenda for future meetings: None. the Wagner-Peyser Act of 1933, as 2. Minutes. [FR Doc. E8–17662 Filed 7–31–08; 8:45 am] amended by the Workforce Investment 3. Ratification List. Act of 1998, Funded Public Labor BILLING CODE 7020–02–P 4. Inv. Nos. 701–TA–457 and 731– Exchange and Veterans’ Employment TA–1153 (Preliminary) (Certain Tow- and Training Service Funded Labor INTERNATIONAL TRADE Behind Lawn Groomers and Parts Exchange. COMMISSION Thereof from China)—briefing and vote. A copy of the proposed information (The Commission is currently scheduled collection request (ICR) can be obtained [Investigation No. 731–TA–990 (Review)] to transmit its determinations to the by contacting the office listed below in Secretary of Commerce on or before the ADDRESSES section of this notice or Non-Malleable Cast Iron Pipe Fittings August 8, 2008; Commissioners’ by accessing: http://www.doleta.gov/ From China opinions are currently scheduled to be OMBCN/OMBControlNumber.cfm. Determination transmitted to the Secretary of DATES: Written comments must be Commerce on or before August 15, On the basis of the record 1 developed submitted to the office listed in the in the subject five-year review, the 2008.) ADDRESSES section below on or before United States International Trade 5. Outstanding action jackets: None. September 30, 2008. Commission (Commission) determines, In accordance with Commission ADDRESSES: Submit written comments pursuant to section 751(c) of the Tariff policy, subject matter listed above, not to Karen A. Staha, Performance and Act of 1930 (19 U.S.C. 1675(c)), that disposed of at the scheduled meeting, Technology Office, Employment and revocation of the antidumping duty may be carried over to the agenda of the Training Administration, U.S. order on non-malleable cast iron pipe following meeting. Department of Labor, 200 Constitution fittings from China would be likely to By order of the Commission. Avenue, NW., Room S–5206, lead to continuation or recurrence of Issued: July 29, 2008. Washington, DC 20210. Telephone material injury to an industry in the William R. Bishop, number: 202–693–3420 (this is not a United States within a reasonably Hearings and Meetings Coordinator. toll-free number). Fax: 202–693–3490. E-mail: [email protected]. foreseeable time. [FR Doc. E8–17754 Filed 7–31–08; 8:45 am] SUPPLEMENTARY INFORMATION: Background BILLING CODE 7020–02–P The Commission instituted this I. Background review on March 3, 2008 (73 FR 11440) States submit quarterly performance and determined on June 6, 2008 that it DEPARTMENT OF LABOR data for the Wagner-Peyser funded would conduct an expedited review (73 public labor exchange services through FR 34325, June 17, 2008). Proposed Information Collection Request for Wagner-Peyser Act of ETA 9002 reports and for Veterans’ The Commission transmitted its Employment and Training Services determination in this review to the 1933, as Amended by the Workforce Investment Act of 1998, Funded Public (VETS)-funded labor exchange services Secretary of Commerce on July 24, 2008. through VETS 200 reports. The The views of the Commission are Labor Exchange and Veterans’ Employment and Training Service Employment and Training (ET) contained in USITC Publication 4023 Handbook No. 406 contains the report (July 2008), entitled Non-Malleable Cast Funded Labor Exchange (OMB Control Number 1205–0240): Comment forms and provides instructions for Iron Pipe Fittings from China: completing these reports. The ET Investigation No. 731–TA–990 (Review). Request for Extension Without Changes Handbook No. 406 contains a total of Issued: July 24, 2008. eight reports (ETA 9002, A, B, C, D, E$; By order of the Commission. AGENCY: Employment and Training VETS 200 A, B, C). The ETA 9002 and Marilyn R. Abbott, Administration. VETS 200 reports collect data on Secretary to the Commission. ACTION: Notice. individuals who receive core [FR Doc. E8–17664 Filed 7–31–08; 8:45 am] employment and workforce information SUMMARY: The Department of Labor, as services through the public labor BILLING CODE 7020–02–P part of its continuing effort to reduce exchange and VETS-funded labor 1 The record is defined in section 207.2(f) of the paperwork and respondent burden exchange of the states’ One-Stop Commission’s Rules of Practice and Procedure (19 conducts a preclearance consultation delivery systems. The Employment and CFR 207.2(f)). program to provide the general public Training Administration is proposing

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similar changes to the reporting proposed collection of information, Agency: Employment and Training requirements for Workforce Investment including the validity of the Administration. Act Programs and the Trade Adjustment methodology and assumptions used; Title: Wagner-Peyser Act/Jobs for Assistance Act Programs. Please note • Enhance the quality, utility, and Veterans reporting system (formerly the that ETA will seek comments regarding clarity of the information to be Labor-Exchange Reporting System extensions to these collections in collected; and (LERS)). separate Federal Register notices. • Minimize the burden of the OMB Number: 1205–0240. II. Review Focus collection of information on those who Affected Public: State, Local, or Tribal Government Cite/Forms: Wagner-Peyser The Department of Labor is are to respond, including through the Act (29 U.S.C. 49) and Jobs for Veterans particularly interested in comments use of appropriate automated, Act (Pub. L. 107–288). ETA–9002 and which: electronic, mechanical, or other • Evaluate whether the proposed technological collection techniques or VETS 200 reports. collection of information is necessary other forms of information technology, Total Respondents: 54 states and for the proper performance of the e.g., permitting electronic submissions territories. functions of the agency, including of responses. Frequency: Quarterly. Total Responses: 1,728 submissions whether the information will have III. Current Actions practical utility; annually—each state submits reports • Evaluate the accuracy of the Type of Review: Extension without each quarter. agency’s estimate of the burden of the changes. Estimated Total Burden Hours:

Form/activity Total Frequency Total responses Average time Total annual respondents per response burden hours

ETA 9002 A ...... 54 Quarterly ...... 216 346 74,641 ETA 9002 B ...... 54 Quarterly ...... 216 346 74,641 ETA 9002 C ...... 54 Quarterly ...... 216 346 74,641 ETA 9002 D ...... 54 Quarterly ...... 216 346 74,641 ETA 9002 E ...... 54 Quarterly ...... 216 21 4,536 VETS 200 A ...... 54 Quarterly ...... 216 346 74,641 VETS 200 B ...... 54 Quarterly ...... 216 346 74,641 VETS 200 C ...... 54 Quarterly ...... 216 346 74,641

Totals ...... 54 ...... 1,728 ...... 527,020

Total Burden Cost (capital/startup): SUMMARY: The Department of Labor, as ADDRESSES: Submit written comments $1,825,200. part of its continuing effort to reduce to Karen A. Staha, Performance and Total Burden Cost (operating/ paperwork and respondent burden Technology Office, Employment and maintaining): $17,128,164. conducts a preclearance consultation Training Administration, U.S. program to provide the general public Department of Labor, 200 Constitution Comments submitted in response to and federal agencies with an Avenue, NW., Room S–5206, this comment request will be opportunity to comment on proposed Washington, DC 20210. Telephone summarized and/or included in the and/or continuing collections of number: 202–693–3420 (this is not a request for Office of Management and information in accordance with the toll-free number). Fax: 202–693–3490. Budget approval of the information Paperwork Reduction Act of 1995 E-mail: [email protected]. collection request; they will also (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This SUPPLEMENTARY INFORMATION: become a matter of public record. program helps to ensure that requested Dated: July 25, 2008. data can be provided in the desired I. Background John R. Beverly, format, reporting burden (time and On June 16, 1998, the Office of Administrator, Office of Performance and financial resources) is minimized, Management and Budget (OMB) Technology, Employment and Training collection instruments are clearly approved a Government Performance Administration. understood, and the impact of collection and Results Act (GPRA) compliant [FR Doc. E8–17649 Filed 7–31–08; 8:45 am] requirements on respondents can be performance and participant outcomes BILLING CODE 4510–FN–P properly assessed. Currently, the data system for the TAA Program; this Employment and Training system was revised in 2000 and is Administration is soliciting comments known as the Trade Act\Participant DEPARTMENT OF LABOR concerning the collection of data about Report (TAPR). States implemented use the Trade Adjustment Assistance of the TAPR beginning with the first Proposed Information Collection Reform Act of 2002. quarter of the fiscal year 1999 (October Request for Trade Adjustment A copy of the proposed information through December, 1998), and have Assistance Reform Act of 2002 (OMB collection request (ICR) can be obtained continued to collect and report data Control Number 1205–0392): Comment by contacting the office listed below in every quarter since then. The Request for Extension Without the addressee section of this notice or by Employment and Training Changes accessing: http: //www.doleta.gov/ Administration is proposing similar OMBCN/OMBControlNumber.cfm. changes to the reporting requirements AGENCY: Employment and Training DATES: Written comments must be for Workforce Investment Act Programs Administration. submitted to the office listed in the and the Wagner-Peyser Act Programs. addressee’s section below on or before Please note that ETA will seek ACTION: Notice. September 30, 2008. comments regarding extensions to these

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collections in separate Federal Register * Enhance the quality, utility, and Title: Trade Act Participant Report notices. clarity of the information to be (TAPR). collected; and OMB Number: 1205–0392. II. Review Focus * Minimize the burden of the Affected Public: State, Local, or Tribal The Department of Labor is collection of information on those who Government. particularly interested in comments are to respond, including through the which: use of appropriate automated, Forms: Trade Adjustment Assistance * Evaluate whether the proposed electronic, mechanical, or other Reform Act of 2002, see table below for collection of information is necessary technological collection techniques or list of forms. for the proper performance of the other forms of information technology, Total Respondents: 50 States. functions of the agency, including e.g., permitting electronic submissions Frequency: Quarterly and annual. whether the information will have of responses. Total Responses Annually: 50 practical utility; * Evaluate the accuracy of the III. Current Actions submissions annually—each state submits TAPR files each quarter. agency’s estimate of the burden of the Type of Review: Extension without proposed collection of information, changes. Average Time per Response: 2.8 including the validity of the Agency: Employment and Training hours. methodology and assumptions used; Administration. Estimated Total Burden Hours:

Annual TAA burden national par- Hours per Annual TAPR Applicable Annual TAPR ticipants TAPR record burden hours hourly rate burden dollars

Data Collection ...... 30,000 0.3 9,000 $32.50 $292,500 TAPR Submission ...... 50 2.5 500 32.50 16,250

Total ...... 308,750

Total Burden Cost (capital/startup): information in accordance with the I. Background $0. Paperwork Reduction Act of 1995 Total Burden Cost (operating/ (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This Each state administering a grant under maintaining): $308,750. program helps to ensure that requested the WIA adult, dislocated worker, and Comments submitted in response to data can be provided in the desired youth programs is required to submit this comment request will be format, reporting burden (time and quarterly (ETA 9090) and annual (ETA summarized and/or included in the financial resources) is minimized, 9091) reports containing information request for Office of Management and collection instruments are clearly related to levels of participation and Budget approval of the information understood, and the impact of collection performance outcomes for each program. In addition, each state submits collection request; they will also requirements on respondents can be a file of individual records on all become a matter of public record. properly assessed. Currently, the participants who exit the programs, Dated: July 25, 2008. Employment and Training formally called the Workforce Administration is soliciting comments John R. Beverly, Investment Act Title 1–B Standardized concerning the collection of data about Administrator, Office of Performance and Record Data (WIASRD). These Technology, Employment and Training the Workforce Investment Act participant records are submitted once a Administration. Management Information and Reporting year based on a July-to-June program [FR Doc. E8–17650 Filed 7–31–08; 8:45 am] System. period. This notice is requesting the BILLING CODE 4510–FN–P A copy of the proposed information extension of the current collection collection request (ICR) can be obtained without change. by contacting the office listed below in DEPARTMENT OF LABOR The Employment and Training the addressee section of this notice or by Administration is proposing similar Proposed Information Collection accessing: http://www.doleta.gov/ changes to the reporting requirements Request for Workforce Investment Act, OMBCN/OMBControlNumber.cfm. for Wagner-Peyser Employment Service Title 1B Programs (OMB Control DATES: Written comments must be Programs and the Trade Adjustment Number 1205–0420): Comment submitted to the office listed in the Assistance Act Programs. Please note Request for Extension Without addressee’s section below on or before that ETA will seek comments regarding Changes September 30, 2008. extensions to these collections in separate Federal Register notices. AGENCY: Employment and Training ADDRESSES: Submit written comments Administration. to Karen A. Staha, Performance and II. Review Focus ACTION: Notice. Technology Office, Employment and The Department of Labor is Training Administration, U.S. SUMMARY: The Department of Labor, as particularly interested in comments Department of Labor, 200 Constitution which: part of its continuing effort to reduce Avenue, NW., Room S–5206, * Evaluate whether the proposed paperwork and respondent burden Washington, DC 20210. Telephone conducts a preclearance consultation collection of information is necessary number: 202–693–3420 (this is not a program to provide the general public for the proper performance of the toll-free number). Fax: 202–693–3490. and federal agencies with an functions of the agency, including E-mail: [email protected]. opportunity to comment on proposed whether the information will have and/or continuing collections of SUPPLEMENTARY INFORMATION: practical utility;

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* Evaluate the accuracy of the electronic, mechanical, or other OMB Number: 1205–0420. agency’s estimate of the burden of the technological collection techniques or Affected Public: State, Local, or Tribal proposed collection of information, other forms of information technology, Government. including the validity of the e.g., permitting electronic submissions Forms: ETA–9090, ETA 9091. methodology and assumptions used; of responses. Total Respondents: 53 States and * Enhance the quality, utility, and III. Current Actions Territories. clarity of the information to be Type of Review: extension without Frequency: Quarterly and Annual. collected; and changes. Total Responses Annually: 265. * Minimize the burden of the Agency: Employment and Training Average Time per Response: See collection of information on those who Administration. Tables: are to respond, including through the Title: Workforce Investment Act, Title use of appropriate automated, 1B. I. WIASRD Record

PY 02 annual Annual na- Record type Hrs. per job national tional burden seeker record counts hours

Adult, DW, NEG Exiters ...... 0.6 435,355 276,450 Youth Exiters ...... 2.0 164,266 328,532

Total ...... 599,621 604,982

II. Quarterly and Annual Summary Reports

Hrs. per year Number of re- Annual na- Program per state porting states tional hours

Quarterly Report ETA 9090 ...... 640 53 33,920 Annual Report ETA 9091 ...... 400 53 21,200

Total ...... 1,040 53 55,120

III. Customer Satisfaction Survey

Total national Survey task Number of Hours per state burden hours/ states per task/yr yr

Respondents ...... 53 83 .3 4,417 Survey Administration ...... 53 688 36,464 Survey Prep and Overhead ...... 53 154 8,162

Total ...... 53 925.3 49,043

Estimated Total Burden Hours: DEPARTMENT OF LABOR accepting applications for Stand Down 709,145. grant awards. A Stand Down is an event Veterans’ Employment and Training Total Burden Cost (operating/ held in a local community where Service maintaining): 0. homeless veterans are provided with a wide variety of social services. Under Comments submitted in response to Fiscal Years (FYs) 2008 Through 2010 this announcement, VETS anticipates this comment request will be Stand Down Grant Award Requests that up to $400,000 will be available in summarized and/or included in the AGENCY: Veterans’ Employment and each of the three fiscal years for grant request for Office of Management and Training Service (VETS), U.S. awards of up to a maximum of $10,000 Budget approval of the information Department of Labor (USDOL). per multi-day event (more than one collection request; they will also ACTION: Initial announcement of day), and a maximum of $7,000 for a become a matter of public record. available FY 2008, FY–2009, and FY– one (1) day event. VETS expects to Dated: July 25, 2008. 2010 funds under the Homeless award approximately forty-five (45) grants each fiscal year. Availability of John R. Beverly, Veterans’ Reintegration Program (HVRP) Fiscal Year 2009, and Fiscal Year 2010 Administrator, Office of Performance and to Support Local Stand Down Events. Funding Opportunity No.: 17–805. funds will be dependent upon Technology, Employment and Training Congressional appropriations. Administration. SUMMARY: The U.S. Department of Labor Applications for Stand Down funds will [FR Doc. E8–17651 Filed 7–31–08; 8:45 am] (USDOL), Veterans’ Employment and be accepted from State Workforce BILLING CODE 4510–FN–P Training Service (VETS) continues to Agencies and State and local Workforce support local Stand Down events that Investment Boards, Veterans Service assist homeless veterans and is now Organizations (VSO), local public

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agencies, and non-profit organizations, services, and referral to other supportive item(s) that has not been approved by including community and faith-based services. For the purpose of this Stand the DVET/GOTR. organizations. USDOL is not authorized Down grant award, applicants must plan IV. Award Information to award grant funds to organizations (and indicate in writing in their grant that are registered with Internal application package) to provide the The maximum amount that can be Revenue Service (IRS) as a 501(c)(4) following minimum services to awarded to support a local Stand Down organization. homeless veteran participants: event is $10,000 per applicant per year. Application for Stand Down grant Department of Veterans Affairs If the event is held for one (1) day, the funding are to be submitted to the medical and mental health services; maximum amount that can be awarded appropriate State Director of Veterans Department of Labor—State is $7,000. Employment and Training/ Grant Workforce Agency employment and V. Eligibility Information Officer Technical Representative training services to include Disabled (DVET/GOTR). Address and contact Veterans’ Outreach Program and Local 1. Eligible Applicants information for each State DVET/GOTR Veterans’ Employment Representatives Eligible applicants will generally fall can be found at Web site address: participation where available; into one of the following categories: http://www.dol.gov/vets/aboutvets/ An assortment of hot and/or cold State and local Workforce Boards, contacts/main.htm. foods to provide to homeless veteran Veteran Service Organizations, local To be considered for FY–2008 participants; public agencies, and non-profit funding, applications must be received An assortment of clothing appropriate organizations including community and within thirty (30) days of this for the local climate to provide to faith-based organizations. Organizations announcement. This will allow for homeless veteran participants; and registered with the Internal Revenue obligation of funds prior to 9/30/08. Referral services to secure emergency Service as a 501 (c) (4) organizations are Any events approved in Fiscal Year housing on-the-spot for homeless not eligible to apply for this funding 2008 must be held prior to 12/31/08. veteran participants. opportunity. Applications for other events planned in Fiscal Year 2009 must be received at II. Allowable Costs 2. Cost Sharing or Matching least sixty (60) days prior to the event Stand Down grant funds must be used Cost Sharing and matching funds are and no later than July 30, 2009. to enhance employment and training not required. However, we strongly Applications for events planned in opportunities or to promote self- encourage applicants to maximize the Fiscal Year 2010 must be received at sufficiency for homeless veterans. The resources available to the Stand Down least sixty (60) days prior to the event funds may be used to support Stand event and its homeless veteran and no later than July 30, 2010. Down activities such as: participants. SUPPLEMENTARY INFORMATION: The purchase of food, bottled water, clothing, sleeping bags, one-person 3. Other Eligibility Requirements I. Funding Opportunity Description tents, backpacks filled with non- Applicant Registration Requirements: Stand Down is a military term perishable foods, and hygiene care kits; All applicants for Federal funding are referring to an opportunity to achieve a Rental of facilities and/or tents for the required to include a Dun and brief respite from combat. Troops would duration of the Stand Down event; Bradstreet Number (DUNS) with their assemble in a base camp to receive new Payment for special one-time application. Applicants can obtain a clothing, hot food, and a relative degree electricity costs, equipment rentals, DUNS number through the following of safety before returning to the front. advertising, event posters, portable Web site: http:// Today more than 160 organizations toilets, janitorial/kitchen supplies, and www.dunandbradstreet.com/ or by across the country partner with local communications/Internet access for the phone at 1–866–705–5711. businesses, government agencies, and duration of the Stand Down event; A. After receiving a DUNS number, all community- and faith-based service The hiring of security personnel for grant applicants must also register as a providers to hold Stand Down events for the duration of the event; vendor with the Central Contractor homeless veterans and their families in Rental of transportation equipment Registration (CCR) through the the local community. (bus, van, car, taxi, etc.) and/or actual following Web site: http://www.ccr.gov Each year, the Assistant Secretary for gasoline expenses of volunteer drivers or by phone at 1–888–227–2423. CCR Veterans’ Employment and Training to provide transportation of homeless registration should become active awards Homeless Veterans’ veterans to and from the Stand Down within 24 hours of completion. If grant Reintegration Program (HVRP) grants to event; and applicants have questions regarding programs that enhance employment and Other pertinent items and services for registration, please contact the CCR training opportunities and/or promote homeless veteran participants as Assistance Center at 1–888–227–2423. self-sufficiency for homeless veterans. deemed appropriate by USDOL—VETS. After registration, grant applicants Residual HVRP funds can be awarded as III. Funding Restrictions will receive a confirmation number. grants to organizations sponsoring Stand Grantee listed point of Contact will Down events for homeless veterans. Stand Down grant funds may not be receive a Trader Partnership The critical services provided at a used to pay for administrative costs and Identification Number (TPIN) via mail. Stand Down are often the catalyst that administrative and/or programmatic The TPIN is, and should remain, a enables homeless veterans to reenter staff, because these events are usually confidential password. mainstream society. Typically, some of an all ‘‘volunteer’’ effort. Stand Down the services available at these events grant funds may not be used to purchase VI. Application Content include temporary shelter, showers, special monogrammed tee shirts, pen To be considered responsive, all haircuts, meals, clothing, hygiene kits, sets, specialty hats (unless for cold applications for Stand Down funding medical examinations, immunizations, weather use), military and veteran type must include: legal advice, State identification cards, patches, memento gifts for staff Applicant letter requesting Stand veterans benefit information, training members/visitors/volunteers, and any Down funds (original signed in blue program information, employment other supplementary/replacement ink);

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1. Application for Federal Assistance, VII. Award Administration Information grantees must submit the Stand Down Standard Form (SF) 424 (OMB No. Stand Down funding is a non- Report of actual activities and 4040–0004) (original signed in blue ink). competitive grant awarded on a first- expenditures to the appropriate DVET/ Also Note: The 02 version of the SF–424 come, first-served basis until available GOTR and to the USDOL Procurement which expires on 1/31/2009 must now residual funding is exhausted. Funding Services. If grantees experience any be used. The Grant Officer will not is subject to approval by the Grant delay in submitting this report, they accept previously issued versions of the Officer. If approved, the grantee will should immediately contact their SF–424. receive a grant award document and appropriate DVET/GOTR and provide a 2. SF–424A, Budget Information financial form to complete in order for justification to request an extension. The following documents are required (OMB No. 4040–0006)—Non- USDOL Office of Financial Management to be submitted by the grantees to their Construction Programs (SF–424 and SF– to set-up an account in the Health and appropriate DVET/GOTR, within forty- 424A forms can be downloaded from Human Services, Payment Management five (45) days after completion of the the following Web site: System (HHS/PMS) to electronically Stand Down event: www.grants.gov); draw down funds. An original signed invoice or list of Budget Narrative—a detailed If awarded funds, the grantee must all items purchased with USDOL–VETS description of each planned expenditure submit the completed HHS/PMS listed on the SF–424A. The description grant funding; financial forms directly to the USDOL, Original sales receipts of items should provide the methodology used in Division of Financial Management purchased with USDOL–VETS funding; determining the cost estimates such as Operations in order to electronically Comparison of planned budget items quantity and if the item will be draw down funds. The financial forms (per object class categories listed on the purchased or rented. Please indicate should be sent via FedEx, UPS, or other SF 424A) vs. actual expenditures. Note, whether the items will be utilized by the non-U.S. Postal Service provider to some planned expenditure items are participants or assist the volunteer(s) at avoid processing delays. If grantee has donated at the last minute for these the event; previously set-up an electronic HHS/ events, therefore, actual expenditures Complete the Direct Cost Description PMS account, additional awarded funds are subject to change. If budget revisions for Applicants and Sub-Applicants (see will be added into that existing bank are needed, grantees are to seek prior Appendix D); account unless otherwise notified in approval from their appropriate DVET/ Demonstrate and document Stand writing. Questions or problems relating GOTR; Down Activities and develop a timeline to the HHS/PMS paperwork or • SF 269A, Financial Status Reports for completion of activities. For Stand processes should be referred to the are to be electronically data entered into Down events that occur on or after July USDOL Office of Financial management E-grants and a signed and dated copy 1st, grant applicants must demonstrate at (202) 693–4479. provided to the appropriate DVET/ and document planning activities prior Upon receipt of grant award financial GOTR. Access to E-grants will be to the end of the Fiscal Year (September documents, HHS/PMS will forward a provided upon award. SF 269A 30th); packet of instructions to the grantee on Financial Status Report forms are Original signed Assurances and how to set up a payment account. After available for download at: Certifications Signature Page (see setting up the account, the grantee will www.grants.gov); Appendix C); be able to draw down funds to The Stand Down After Action Report reimburse approved expenses already Complete the Survey on Ensuring (see Appendix F); and incurred and to cover approved Equal Opportunity for Applicants (OMB Copies of all PSC 272s that were also expenses that will be paid within three No. 1894–0010) (see Appendix E); submitted to HHS/PMS. (3) days of the draw down. Funds Grantees are to submit the Stand 3. A copy of the Central Contractor requested for draw down through the Down Activity and Expenditure Report Registration (CCR) confirmation HHS/PMS are directly deposited into to the appropriate DVET/GOTR. The number. Please do not send the Trader the account within 24 hours of the DVET/GOTR will review the report to Partnership Identification Number request. ensure it is complete and accurate and (TPIN) (see Section III.3.A.); Since grantees may draw funds down that all expenditures are appropriate, Letters of support, particularly from in more than one quarter, up to and after and allowable. the local One-Stop Career Centers and/ the date of the Stand Down event, To prevent processing delays and/or or Disabled Veterans’ Outreach Program grantees are required to complete a PSC the need to recoup over payments, Specialists (DVOPs) and Local Veterans’ Federal Cash Transaction Report (PS grantees should wait for notification Employment Representative (LVER) 272) no later than forty-five (45) days from the DVET/GOTR that the report staff, the Department of Veterans after the end of each quarter in which has been reviewed and approved at the Affairs, Department of Housing and grantees received all or part of their VETS regional level prior to entering Urban Development (HUD) or the local grant award (February 15th, May 15th, financial reports into E-grants, and prior Continuum of Care (COC), Veterans’ August 15th, and November 15th). to sending the originals to Procurement Service Organizations (VSO), State and Instructions for completing this Services. After notification from the local government agencies, local requirement are provided in the HHS/ DVET/GOTR, grantees are to distribute businesses, local non-profit PMS information packet. Grantees are to the Activity and Expenditure Report as organizations including community- print hard copies of all PSC 272s follows: based and faith-based organizations, etc; submitted to HHS/PMS and provide 1. The original SF 269A, signed when applicable; and them with their After Action Activity invoice or list of expenditures and the A copy of the Internal Revenue and Expenditure Report submitted to Stand Down After Action Report is Service documentation indicating their appropriate DVET/GOTR. mailed to: U.S. Department of Labor, approval of non-profit status (for Procurement Services Center, Room example: 501(c)(3), 501(c)(19), etc.) as VIII. Required Post-Event Reporting S–4307, Attn: Cassandra Mitchell, 200 required to verify eligibility when No later than forty-five (45) calendar Constitution Avenue, NW., Washington, claiming non-profit status. days after the Stand Down event, DC 20210.

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Original sales receipts of items Appendix D: Direct Cost Description Dated: July 29, 2008. purchased with USDOL–VETS funding, for Applicants and Sub-Applicants Henry Pitney, a copy of the signed SF 269A, signed Appendix E: Survey on Ensuring Deputy General Counsel, Millennium invoice or signed list of expenditures, a Equal Opportunity for Applicants Challenge Corporation. comparison of actual versus planned Appendix F: Stand Down After Summary of Amendment to Millennium activities and expenditures, Stand Down Action Report Challenge Compact With the After Action Report, and copies of all OMB Information Collection No. Government of the Republic of PSC 272s sent to HHS/PMS are to be 1205–0458 Expires September 30, 2009 Madagascar submitted to the appropriate DVET/ According to the Paperwork GOTR. Reduction Act of 1995, no persons are The Board of Directors of the If the DVET/GOTR does not required to respond to a collection of Millennium Challenge Corporation recommend approval of a particular information unless such collection (MCC) has approved an amendment (the expenditure, he/she will notify the displays a valid OMB control number. Amendment) to the existing grantee in writing with an explanation Public reporting burden for this approximately $109.8 million, four-year for the disapproval and instruct grantee collection of information is estimated to Millennium Challenge Compact to electronically return the funds within average 20 hours per response, between the United States of America, 15 calendar days to the HHS/PMS including time for reviewing acting through MCC, and the account if already drawn down. All FY instructions, searching existing data Government of the Republic of 2008 Stand Down awarded funds must sources, gathering and maintaining the Madagascar (the Compact). data needed, and completing and be electronically drawn down by no Background later than November 30, 2008. If Stand reviewing the collection of information. Down funds are not electronically Send comments regarding the burden The Compact was signed April 18, drawn down by the grantee within 90 estimated or any other aspect of this 2005, entered into force on July 27, 2005 calendar days following the collection of information, including and, under its original terms, would commencement of the Stand Down suggestions for reducing this burden, to: have terminated on July 26, 2009. It is OIRA Desk Officer for VETS/DOL, event and if practicable, the USDOL the only compact entered into by MCC Office of Management and Budget, 725 may reallocate these funds for other with a four-year rather than a five-year 17th St., NW., Washington, DC 20503. term. The main objectives of the purposes accordingly. Please do not send your completed Any grantee who fails to comply with Compact consist of raising incomes in application to the OMB. Send it to the the guidance set forth in the Stand rural areas by increasing land rights sponsoring agency as specified in this Down Special Grant Provisions and security and improving land solicitation. reporting requirements will not be administration capacity, expanding the considered favorably from any future Signed at Washington, DC, this 25th day of financial sector, and increasing funding from U.S. Department of Labor July 2008. investment in farms and other rural Veterans’ Employment and Training Cassandra Mitchell, businesses in five high-potential Service. Grant Officer. geographic zones. The extension of the [FR Doc. E8–17622 Filed 7–31–08; 8:45 am] Compact term is intended to allow a IX. Agency Contacts BILLING CODE 4510–79–P more complete achievement of the Questions regarding this Compact’s goals and enhance the announcement should be directed to the sustainability of the investments being DVET/GOTR in your State. Contact MILLENNIUM CHALLENGE made under the Compact. information for each DVET/GOTR is CORPORATION Scope of the Amendment located in the VETS Staff Directory at the following Web page: http:// [MCC FR 08–08] The Amendment extends the term of the Compact for a single additional year www.dol.gov/vets/aboutvets/contacts/ Notice of Amendment To Compact main.htm or access the staffing without making changes to either the With the Government of the Republic scope of program activities or the level directory at Web site address: http:// of Madagascar www.dol.gov/vets. of funds currently obligated under the AGENCY: Millennium Challenge Compact. The Amendment also X. Other Information Corporation. conforms the Compact’s administrative Current competitive HVRP grantees ACTION: Notice. winding up provision to the related are not eligible for a separate non- provision in other compacts that have competitive Stand Down grant award as SUMMARY: In accordance with Section been entered into since the Compact described in this announcement. 609(i)(2) of the Millennium Challenge was signed. Finally, the Amendment Current competitive HVRP grantees are Act of 2003, as amended (Pub. L. 108– updates information with respect to the authorized to utilize existing funds for 199, Division D), the Millennium title of the MCC principal representative Stand Down purposes. Challenge Corporation is publishing a under the Compact. Appendices: (Located on U.S. summary, justification and the complete Reasons for the Amendment Department of Labor, Veterans’ text of the Amendment to Millennium Employment and Training Service Web Challenge Compact between the United The Government of Madagascar is page www.dol.gov/vets follow link for States of America, acting through the unlikely to achieve all of the project 2008 Stand Down Grants and Required Millennium Challenge Corporation, and objectives as defined in the Compact by Forms listed under announcements.) the Government of the Republic of its original termination date in July Appendix A: Application for Federal Madagascar. Representatives of the 2009. While MCC’s and the Government Assistance SF–424 United States Government and the of Madagascar’s efforts continue to keep Appendix B: Budget Information Government of the Republic of Compact objective realization moving Sheet SF–424A Madagascar executed the Amendment forward and are resulting in increased Appendix C: Certifications and documents on July 24, 2008 and July 15, disbursement rates, the time allotted for Assurances Signature Page 2008, respectively. implementation of several major

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contracts is insufficient to reach certain districts in rural Madagascar where such Million Seven Hundred and Seventy- targets. In certain cases, MCC was not accounts currently are unavailable. Three Thousand United States Dollars willing to allow construction contracts (US$109,773,000) during the Compact C. Agriculture Business Investment to be entered into absent a five-year Term to enable the Government to Project (ABIP) term for the Compact. With an extension implement the Program and achieve the of one year to the term of the Compact, The one-year extension of the Objectives outlined in the Compact; the likelihood of achieving project Compact term will provide ABIP time to Whereas, to better facilitate the proper objectives will improve substantially, broaden and deepen its activities related implementation and achievement of and the probability of sustaining these to increasing farm and small business certain of the Objectives, MCC and the activities once Compact funding ceases revenue and investment opportunities. Government wish to extend the will increase. It will provide an opportunity for Compact Term for one additional year; The fifth year extension will better farmers to work with project staff to and position the Government of Madagascar adopt improved production techniques Whereas, pursuant to Section 5.3 of to fully implement the Compact’s during additional crop production the Compact, the Parties desire to planned activities, achieve the targets cycles. In addition, it will provide time amend the Compact as set forth in this set forth in the Compact’s monitoring for an adequate guarantee period Amendment; and evaluation plan, and ultimately following the completion of the Now, therefore, in consideration of better allow for the sustainable poverty construction of the agricultural business the foregoing and the mutual covenants reduction impact contemplated by the centers that will serve as regional hubs and agreements set forth herein and in Compact. for post-Compact technical assistance. the Compact, the Parties hereby agree as Examples of the implementation The additional year will also allow the follows: activities that will be supported by the agricultural business centers to further Amendment to Section 1.3 additional year of the Compact term test and strengthen their operational include the following. model to better ensure that delivery of Section 1.3 of the Compact is A. Land Tenure Project services to farmers, associations and amended by deleting the last sentence rural small enterprises can be sustained in its entirety and replacing it with the The extended term will provide the into the future. following: Compact’s Land Tenure Project time to better implement activities related to the Amendment to Millennium Challenge This Compact shall remain in force for five modernization and decentralization of Compact Between the Government of years from the date of entry into force of this land services and information gathering the Republic of Madagascar and the Compact, unless earlier terminated in accordance with Section 5.4 (the ‘‘Compact and dissemination in Madagascar. One United States of America Acting Term’’). component of these activities is the Through the Millennium Challenge construction of decentralized land Corporation Amendment to Section 5.1 offices in beneficiary communities and Amendment to Millennium Challenge Section 5.1 of the Compact is the rehabilitation or new construction of Compact amended by replacing the notice regional Land Administration offices. information for MCC with the following: The fifth year will reduce the risk that This Amendment to Millennium Challenge Compact (this ‘‘Amendment’’) To MCC: Millennium Challenge Corporation, planned construction will not be Attention: Vice President for Compact completed and provide time for an is made by and between the Implementation (with a copy to the Vice adequate guarantee period following the Government of the Republic of President and General Counsel), 875 15th completion of construction. The Madagascar (the ‘‘Government’’) Street, NW., Washington, DC 20005, extended term will also help ensure the (referred to herein individually as a United States of America, Facsimile: (202) sustainability of the reforms achieved ‘‘Party’’ and collectively, the ‘‘Parties’’), 521–3700, E-mail: and implemented through the Land and the United States of America, acting [email protected] (Vice Tenure Project by allowing additional through the Millennium Challenge President for Compact Implementation); time for the provision of adequate Corporation, a United States [email protected] (Vice President and General Counsel). technical assistance to strengthen the Government corporation (‘‘MCC’’). All institutional and human resource capitalized terms used in this Amendment to Section 5.2 Amendment that are not otherwise capacity of the land services providers Section 5.2 of the Compact is defined have the meanings given to at the regional and local levels. amended by deleting the words ‘‘Vice such terms in the Compact. B. Finance Project President for Country Relations’’ and The amended Compact term will Recitals replacing them with ‘‘Vice President for provide the time necessary to allow the Whereas, MCC and the Government Compact Implementation.’’ largest activity in the Finance Project— signed the Millennium Challenge Amendment to Section 5.4(e) the creation of a national payment Compact by and between the United Section 5.4(e) of the Compact is system—to be more effectively States of America, acting through the amended by deleting the text of the completed. The additional year will MCC, and the Government, on April 18, section in its entirety and replacing it provide the time necessary to build the 2005 (the ‘‘Compact’’); with the following: Central Bank of Madagascar’s technical Whereas, the Compact currently capacity to operate and sustain the provides for a Compact Term of four All MCC Funding shall terminate upon the system. The extended Compact term years from the date of the Compact’s expiration, suspension, or termination of this will also allow adequate time for the entry into force, July 27, 2005; Compact; provided, however, that MCC Funding may be used, in compliance with construction of the new branches for the Whereas, pursuant to the Compact, this Compact and any relevant Supplemental Madagascar National Savings Bank MCC grants to the Government, subject Agreement, to pay for (i) reasonable contemplated by the Compact, a critical to the terms and conditions of the expenditures for goods, works and services activity aimed at providing low-cost Compact, MCC Funding in an amount that are properly incurred under or in savings accounts to the people of four not to exceed One Hundred Nine furtherance of this Compact before the

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expiration, suspension or termination of this NUCLEAR REGULATORY 4. How can the burden of the Compact, provided that the request for such COMMISSION information collection be minimized, payment is properly submitted within sixty including the use of automated (60) days after such expiration, suspension or Agency Information Collection collection techniques or other forms of termination, and (ii) reasonable expenditures Activities: Proposed Collection; (including administrative expenses) properly information technology? incurred in connection with the winding up Comment Request A copy of the draft supporting statement may be viewed free of charge of the Program within one-hundred and AGENCY: U.S. Nuclear Regulatory at the NRC Public Document Room, One twenty (120) days after the expiration, Commission (NRC). suspension or termination of this Compact. White Flint North, 11555 Rockville ACTION: Notice of pending NRC action to Pike, Room O–1 F21, Rockville, MD Further Assurances submit an information collection 20852. OMB clearance requests are Each Party hereby covenants and request to the Office of Management and available at the NRC worldwide Web agrees, without necessity of any further Budget (OMB) and solicitation of public site: http://www.nrc.gov/public-involve/ consideration, to execute and deliver comment. doc-comment/omb/index.html. The any and all such further documents and SUMMARY: The NRC is preparing a document will be available on the NRC take any and all such other action as home page site for 60 days after the may be reasonably necessary or submittal to OMB for review of continued approval of information signature date of this notice. Comments appropriate to carry out the intent and submitted in writing or in electronic purpose of this Amendment. collections under the provisions of the Paperwork Reduction Act of 1995 (44 form will be made available for public Effect of This Amendment U.S.C. Chapter 35). inspection. Because your comments will Information pertaining to the not be edited to remove any identifying From and after the date this or contact information, the NRC Amendment enters into force in requirement to be submitted: 1. The title of the information cautions you against including any accordance with Section 8 of this information in your submission that you Amendment, the Compact and this collection: NRC Form 396, ‘‘Certification of Medical Examination by Facility do not want to be publicly disclosed. Amendment shall be read together and Comments submitted should reference construed as one document, and each Licensee.’’ 2. Current OMB approval number: Docket No. NRC–2008–0416. You may reference in the Compact to the submit your comments by any of the ‘‘Compact,’’ ‘‘hereunder,’’ ‘‘hereof’’ or 3150–0024. 3. How often the collection is following methods. Electronic words of like import referring to the required: Upon application for an initial comments: Go to http:// Compact, and each reference to the operator license, every six years for the www.regulations.gov and search for ‘‘Compact,’’ ‘‘thereunder,’’ ‘‘thereof’’ or renewal of operator or senior operator Docket No. NRC–2008–0416. Mail words of like import in any license, and upon notices of disability. comments to NRC Clearance Officer, Supplemental Agreement or in any 4. Who is required or asked to report: Russell Nichols (T–5 F52), U.S. Nuclear other document or instrument delivered Facility licensees who are tasked with Regulatory Commission, Washington, pursuant to the Compact or any certifying the medical fitness of an DC 20555–0001. Questions about the Supplemental Agreement, shall mean applicant or licensee. information collection requirements and be construed as a reference to the 5. The number of annual respondents: may be directed to the NRC Clearance Compact, as amended by this 137. Officer, Russell Nichols (T–5 F52), U.S. Amendment. 6. The number of hours needed Nuclear Regulatory Commission, Limitations annually to complete the requirement or Washington, DC 20555–0001, by request: 793 (323 hours for reporting telephone at 301–415–6874, Except as expressly amended by this [.25 hours per response], and 470 hours Amendment, all of the provisions of the or by e-mail to for recordkeeping [3.4 hours per [email protected]. Compact remain unchanged and in full recordkeeper]. force and effect. 7. Abstract: NRC Form 396 is used to Dated at Rockville, Maryland, this 24th day of July 2008. transmit information to the NRC Entry Into Force of This Amendment For the Nuclear Regulatory Commission. regarding the medical condition of This Amendment shall enter into Tremaine Donnell, force upon its signature by each of the applicants for initial operator licenses or renewal of operator licenses and for the Acting NRC Clearance Officer, Office of Parties. Signature page begins on the Information Service. next page. maintenance of medical records for all licensed operators. The information is [FR Doc. E8–17663 Filed 7–31–08; 8:45 am] In witness whereof, the undersigned, BILLING CODE 7590–01–P duly authorized by their respective used to determine whether the physical governments, have signed this condition and general health of applicants for operator licensees is such Amendment at: NUCLEAR REGULATORY that the applicant would not be Antananarivo, Madagascar on July 15, COMMISSION 2008, by Marius Ratolojanahary, expected to cause operational errors and Minister of Land Reform, Estate and endanger public health and safety. [Docket No. 50–293] Country Planning for the Government of Submit, by September 30, 2008, In the Matter of: Entergy Nuclear the Republic of Madagascar; and comments that address the following Operations, Inc.; Entergy Nuclear Washington, DC, United States of questions: Generation Company (Pilgrim Nuclear America on July 24, 2008, by Darius 1. Is the proposed collection of Power Station); Order Approving Mans, Vice President for Compact information necessary for the NRC to Indirect Transfer of Facility Operating Implementation, Millennium Challenge properly perform its functions? Does the License Corporation, on behalf of the United information have practical utility? States of America. 2. Is the burden estimate accurate? 3. Is there a way to enhance the I [FR Doc. E8–17706 Filed 7–31–08; 8:45 am] quality, utility, and clarity of the Entergy Nuclear Operations, Inc. BILLING CODE 9211–03–P information to be collected? (ENO) and Entergy Nuclear Generation

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Company (Entergy Nuclear) are co- ENO will become a direct subsidiary of give its consent in writing. Upon review holders of the Facility Operating a new parent company called EquaGen, of the information in the application as License, No. DPR–35, which authorizes LLC. EquaGen, LLC will be owned in supplemented and other information the possession, use, and operation of the equal shares by two new intermediate before the Commission, and relying Pilgrim Nuclear Power Station (Pilgrim). holding companies as follows. Entergy upon the representations and Pilgrim is a boiling water nuclear EquaGen, Inc. is being created as a agreements in the application as reactor that is owned by Entergy direct subsidiary of Entergy Corporation supplemented, the NRC staff concludes Nuclear and operated by ENO. The and will own 50 percent of EquaGen, that the proposed indirect transfer of facility is located on the western shore LLC. Similarly, Enexus EquaGen, LLC is control of the license held by Entergy of Cape Cod in the town of Plymouth on being created as a direct subsidiary of Nuclear to Enexus, as described herein, the Entergy Nuclear site in Plymouth Enexus and will also own 50 percent of will not affect the qualifications of County, Massachusetts. EquaGen, LLC. Accordingly, following Entergy Nuclear as holder of the Pilgrim the corporate restructuring, Entergy license. The indirect transfer of control II Corporation and Enexus will each have of the license is otherwise consistent By application dated July 30, 2007, as indirect control of 50 percent of ENO. with applicable provisions of law, supplemented by letters dated October Finally, ENO will be converted from regulations, and orders issued by the 31, and December 5, 2007, and January a corporation to a limited liability NRC. Furthermore, the NRC staff 24, March 17, April 22, and May 2, company and its name will be changed concludes that the proposed corporate 2008, ENO, acting on behalf of itself and from Entergy Nuclear Operations, Inc. to restructuring involving new Entergy Nuclear, requested that the U.S. EquaGen Nuclear, LLC. Under Delaware intermediate and ultimate parent Nuclear Regulatory Commission (NRC, law, EquaGen Nuclear, LLC will assume companies over ENO, as described the Commission), pursuant to Section all of the rights and responsibilities of herein, will not affect the qualifications 50.80 of Title 10 of the Code of Federal ENO, and it will be the same company of ENO as holder of the Pilgrim license. Regulations (10 CFR), consent to the (legal entity) both before and after the The indirect transfer of control of the proposed indirect transfer of control of conversion and name change. Also, license as held by ENO, to the extent the Pilgrim license. Entergy Nuclear will undergo a name affected by the proposed restructuring, Entergy Nuclear is currently a direct change to become Enexus Nuclear is otherwise consistent with applicable wholly owned subsidiary of Entergy Generation Company. The staff provisions of law, regulations, and Nuclear Holding Company #1. Seventy- understands that ENO will request an orders issued by the Commission. five percent of Entergy Nuclear Holding administrative license amendment to The NRC staff concludes that the Company #1 is directly owned by conform the Pilgrim license in the near conversion of Entergy Nuclear Entergy Corporation while the future. Operations, Inc. to EquaGen Nuclear, remaining 25 percent is directly owned Notice of the request for approval and LLC would not constitute a direct by Entergy Global, LLC. Entergy Global, an opportunity for a hearing was transfer of the licenses to the extent held LLC is a direct wholly owned subsidiary published in the Federal Register on by ENO. Therefore, no consent to the of Entergy International Holdings LTD January 16, 2008 (73 FR 2951). By proposed conversion is necessary. which, in turn, is a direct wholly owned petition dated February 5, 2008, Locals The findings set forth above are subsidiary of Entergy Corporation. 369 and 590, Utility Workers Union of supported by the NRC’s safety Therefore, under the current corporate America (UWUA), American Federation evaluation dated July 28, 2008. structure, Entergy Corporation is the of Labor-Congress of Industrial III indirect owner of 100 percent of Entergy Organization, representing plant Nuclear. workers at the Pilgrim facility, Accordingly, pursuant to Sections Under the proposed corporate responded to the Federal Register 161b, 161i, 161o, and 184 of the Atomic restructuring, a new holding company, notice and requested a hearing and Energy Act of 1954, as amended, 42 Enexus Energy Corporation (Enexus), leave to intervene as a party in the U.S.C. 2201(b), 2201(i), 2201(o), and will be created. Initially, the Pilgrim proceeding. On June 12, 2008, 2234; and 10 CFR 50.80, IT IS HEREBY shareholders of Entergy Corporation Local 369 filed a notice of withdrawal ORDERED that the application regarding will separately own the shares of of its petition to intervene. The notice the indirect license transfer discussed Enexus and, as such, Enexus will be of withdrawal did not apply to Local above related to the proposed corporate owned by the public. Entergy Nuclear 590. restructuring and establishment of Holding Company #1 will become a The request for a hearing is currently Enexus is approved, subject to the direct wholly owned subsidiary of pending before the Commission. following conditions: Enexus and both Entergy Global, LLC Pursuant to 10 CFR 2.1316, during the 1. Entergy Nuclear shall enter into the and Entergy International Holdings LTD pendency of a hearing, the staff is $700 million Support Agreement with will be eliminated. Accordingly, expected to promptly proceed with the Enexus Energy Corporation as described following the corporate restructuring, approval or denial of license transfer in the application, no later than the time Enexus will acquire indirect control of requests consistent with the staff’s the proposed transactions and indirect 100 percent of Entergy Nuclear. findings in its safety evaluation. Notice license transfer occurs. Entergy Nuclear ENO, the operator of the Pilgrim of the staff’s action shall be promptly shall take no action to cause Enexus facility, is currently a direct wholly transmitted to the presiding officer and Energy Corporation, or its successors owned subsidiary of Entergy Nuclear parties to the proceeding. Commission and assigns, to void, cancel, or modify Holding Company #2 which, in turn, is action on the pending hearing requests the Support Agreement or cause it to fail a direct wholly owned subsidiary of is being handled independently of this to perform, or impair its performance Entergy Corporation. Therefore, Entergy action. under the Support Agreement, without Corporation is currently the indirect Pursuant to 10 CFR 50.80(a), no prior written consent of the NRC. The owner of 100 percent of ENO. license, or any right thereunder, shall be Support Agreement may not be Under the proposed corporate transferred, directly or indirectly, amended or modified without 30 days restructuring, Entergy Nuclear Holding through transfer of control of the prior written notice to the Director of Company #2 will be eliminated and license, unless the Commission shall the Office of Nuclear Reactor Regulation

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or his designee. An executed copy of the NUCLEAR REGULATORY restructuring, Enexus will acquire Support Agreement shall be submitted COMMISSION indirect control of 100 percent of EN- Vermont Yankee. to the NRC no later than 30 days after [Docket Nos. 50–271 and 72–59] the completion of the proposed ENO, the operator of the Vermont transactions and the indirect license In the Matter of Entergy Nuclear Yankee facility, is currently a direct transfer. Entergy Nuclear shall inform Operations, Inc.; Entergy Nuclear wholly owned subsidiary of Entergy the NRC in writing anytime it draws Vermont Yankee, LLC (Vermont Nuclear Holding Company #2 which, in upon the Support Agreement. Yankee Nuclear Power Station); Order turn, is a direct wholly owned subsidiary of Entergy Corporation. Approving Indirect Transfer of Facility 2. The ten separate support guarantees Therefore, Entergy Corporation is Operating License from various Entergy subsidiaries, currently the indirect owner of 100 which total $315 million, including the I percent of ENO. support guarantee relating to Pilgrim, Under the proposed corporate may be revoked when, and conditioned Entergy Nuclear Operations, Inc. restructuring, Entergy Nuclear Holding (ENO) and Entergy Nuclear Vermont upon, implementation of the new $700 Company #2 will be eliminated and Yankee, LLC (EN-Vermont Yankee) are million Support Agreement at the time ENO will become a direct subsidiary of co-holders of the Facility Operating a new parent company called EquaGen, the proposed restructuring and indirect License, No. DPR–28, which authorizes license transfer are completed. LLC. EquaGen, LLC will be owned in the possession, use, and operation of the equal shares by two new intermediate 3. Should the proposed corporate Vermont Yankee Nuclear Power Station holding companies as follows. Entergy restructuring and establishment of (Vermont Yankee). Vermont Yankee is a EquaGen, Inc. is being created as a Enexus not be completed within one boiling water nuclear reactor that is direct subsidiary of Entergy Corporation year from the date of this Order, this owned by EN-Vermont Yankee and and will own 50 percent of EquaGen, Order shall become null and void, operated by ENO. The facility is located LLC. Similarly, Enexus EquaGen, LLC is provided, however, upon written in the town of Vernon, Windham being created as a direct subsidiary of application and good cause shown, such County, Vermont. Enexus and will also own 50 percent of date may be extended by Order. II EquaGen, LLC. Accordingly, following This Order is effective upon issuance. the corporate restructuring, Entergy By application dated July 30, 2007, as Corporation and Enexus will each have For further details with respect to this supplemented by letters dated October indirect control of 50 percent of ENO. Order, see the application dated July 30, 31, and December 5, 2007, and January Finally, ENO will be converted from 2007, as supplemented by letters dated 24, March 17, April 22, and May 2, a corporation to a limited liability October 31, and December 5, 2007, and 2008, ENO, acting on behalf of itself and company and its name will be changed January 24, March 17, April 22, and EN-Vermont Yankee, requested that the from Entergy Nuclear Operations, Inc. to May 2, 2008, and the NRC’s safety U.S. Nuclear Regulatory Commission EquaGen Nuclear, LLC. Under Delaware evaluation dated July 28, 2008, which (NRC, the Commission), pursuant to law, EquaGen Nuclear, LLC will assume are available for public inspection at the Section 50.80 of Title 10 of the Code of all of the rights and responsibilities of Commission’s Public Document Room Federal Regulations (10 CFR), consent ENO, and it will be the same company (PDR), located at One White Flint North, to the proposed indirect transfer of (legal entity) both before and after the Public File Area 01 F21, 11555 control of the Vermont Yankee license, conversion and name change. Also, EN- Rockville Pike (first floor), Rockville, including the general license for the Vermont Yankee will undergo a name Maryland and accessible electronically independent spent fuel storage change to become Enexus Nuclear installation. from the Agencywide Documents Vermont Yankee, LLC. The staff EN-Vermont Yankee is currently a Access and Management System understands that ENO will request an direct wholly owned subsidiary of administrative license amendment to (ADAMS) Public Electronic Reading Entergy Nuclear Vermont Investment Room on the Internet at the NRC Web conform the Vermont Yankee license in Company, LLC which, in turn, is a the near future. site, http://www.nrc.gov/reading-rm/ direct wholly owned subsidiary of Notice of the request for approval and adams.html. Persons who do not have Entergy Nuclear Holding Company #3, an opportunity for a hearing was access to ADAMS or who encounter LLC. Entergy Nuclear Holding Company published in the Federal Register on problems in accessing the documents #3, LLC is a direct wholly owned January 16, 2008 (73 FR 2953). By located in ADAMS, should contact the subsidiary of Entergy Nuclear Holding petition dated February 5, 2008, Locals NRC PDR Reference staff by telephone Company which, in turn, is a direct 369 and 590, Utility Workers Union of at 1–800–397–4209, 301–415–4737, or wholly owned subsidiary of Entergy America (UWUA), American Federation by e-mail to [email protected]. Corporation. Therefore, under the of Labor-Congress of Industrial Dated at Rockville, Maryland this 28th day current corporate structure, Entergy Organization, representing plant of July 2008. Corporation is the indirect owner of 100 workers at the Pilgrim Nuclear Power percent of EN-Vermont Yankee. For the Nuclear Regulatory Commission. Station located in Plymouth, Under the proposed corporate Massachusetts, responded to the Timothy J. McGinty, restructuring, a new holding company, Federal Register notice and requested a Acting Director, Division of Operating Reactor Enexus Energy Corporation (Enexus), hearing and leave to intervene as a party Licensing, Office of Nuclear Reactor will be created. Initially, the in the proceeding for Vermont Yankee. Regulation. shareholders of Entergy Corporation On June 12, 2008, Local 369 filed a [FR Doc. E8–17677 Filed 7–31–08; 8:45 am] will separately own the shares of notice of withdrawal of its petition to BILLING CODE 7590–01–P Enexus and, as such, Enexus will be intervene. The notice of withdrawal did owned by the public. Entergy Nuclear not apply to Local 590. Holding Company will become a direct The request for a hearing is currently wholly owned subsidiary of Enexus. pending before the Commission. Accordingly, following the corporate Pursuant to 10 CFR 2.1316, during the

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pendency of a hearing, the staff is Energy Act of 1954, as amended, 42 Access and Management System expected to promptly proceed with the U.S.C. 2201(b), 2201(i), 2201(o), and (ADAMS) Public Electronic Reading approval or denial of license transfer 2234; and 10 CFR 50.80, IT IS HEREBY Room on the Internet at the NRC Web requests consistent with the staff’s ORDERED that the application regarding site, http://www.nrc.gov/reading-rm/ findings in its safety evaluation. Notice the indirect license transfer discussed adams.html. Persons who do not have of the staff’s action shall be promptly above related to the proposed corporate access to ADAMS or who encounter transmitted to the presiding officer and restructuring and establishment of problems in accessing the documents parties to the proceeding. Commission Enexus is approved, subject to the located in ADAMS, should contact the action on the pending hearing request is following conditions: NRC PDR Reference staff by telephone being handled independently of this 1. EN-Vermont Yankee shall enter at 1–800–397–4209, 301–415–4737, or action. into the $700 million Support by e-mail to [email protected]. Also, an intervenor from Oswego, Agreement with Enexus Energy Dated at Rockville, Maryland this 28th day New York, submitted two letters to the Corporation as described in the of July 2008. Commission with public comments application, no later than the time the For the Nuclear Regulatory Commission. dated January 21, 2008, along with an proposed transactions and indirect electronic transmission containing license transfer occurs. EN-Vermont Timothy J. McGinty, public comments dated January 27, Yankee shall take no action to cause Acting Director, Division of Operating Reactor 2008. The public comments are Enexus Energy Corporation, or its Licensing, Office of Nuclear Reactor Regulation. addressed by the NRC’s safety successors and assigns, to void, cancel, evaluation dated July 28, 2008. or modify the Support Agreement or [FR Doc. E8–17678 Filed 7–31–08; 8:45 am] Pursuant to 10 CFR 50.80(a), no cause it to fail to perform, or impair its BILLING CODE 7590–01–P license, or any right thereunder, shall be performance under the Support transferred, directly or indirectly, Agreement, without prior written through transfer of control of the consent of the NRC. The Support NUCLEAR REGULATORY license, unless the Commission shall Agreement may not be amended or COMMISSION give its consent in writing. Upon review modified without 30 days prior written [Docket Nos. 50–155 and 72–43] of the information in the application as notice to the Director of the Office of supplemented and other information Nuclear Reactor Regulation or his In the Matter of Entergy Nuclear before the Commission, and relying designee. An executed copy of the Operations, Inc.; Entergy Nuclear upon the representations and Support Agreement shall be submitted Palisades, LLC (Big Rock Point); Order agreements in the application as to the NRC no later than 30 days after Approving Indirect Transfer of Facility supplemented, the NRC staff concludes the completion of the proposed Operating License that the proposed indirect transfer of transactions and the indirect license I control of the license held by EN- transfer. EN-Vermont Yankee shall Vermont Yankee to Enexus, as described inform the NRC in writing anytime it Entergy Nuclear Operations, Inc. herein, will not affect the qualifications draws upon the Support Agreement. (ENO) and Entergy Nuclear Palisades, of EN-Vermont Yankee as holder of the 2. The ten separate support guarantees LLC (EN-Palisades) are co-holders of the Vermont Yankee license. The indirect from various Entergy subsidiaries, Facility Operating License, No. DPR–06, transfer of control of the license is which total $315 million, including the which authorizes the possession, use, otherwise consistent with applicable support guarantee relating to Vermont and operation of Big Rock Point. Big provisions of law, regulations, and Yankee, may be revoked when, and Rock Point is an independent spent fuel orders issued by the NRC. Furthermore, conditioned upon, implementation of storage installation (ISFSI) that is owned the NRC staff concludes that the the new $700 million Support by EN-Palisades and operated by ENO. proposed corporate restructuring Agreement at the time the proposed The facility is located in Charlevoix involving new intermediate and restructuring and indirect license County, Michigan. transfer are completed. ultimate parent companies over ENO, as II described herein, will not affect the 3. Should the proposed corporate qualifications of ENO as holder of the restructuring and establishment of By application dated July 30, 2007, as Vermont Yankee license. The indirect Enexus not be completed within one supplemented by letters dated October transfer of control of the license as held year from the date of this Order, this 31, and December 5, 2007, and January by ENO, to the extent affected by the Order shall become null and void, 24, March 17, April 22, and May 2, proposed restructuring, is otherwise provided, however, upon written 2008, ENO, acting on behalf of itself and consistent with applicable provisions of application and good cause shown, such EN-Palisades, requested that the U.S. law, regulations, and orders issued by date may be extended by Order. Nuclear Regulatory Commission (NRC, the Commission. This Order is effective upon issuance. the Commission), pursuant to Section The NRC staff concludes that the For further details with respect to this 50.80 of Title 10 of the Code of Federal conversion of Entergy Nuclear Order, see the application dated July 30, Regulations (10 CFR), consent to the Operations, Inc. to EquaGen Nuclear 2007, as supplemented by letters dated proposed indirect transfer of control of LLC would not constitute a direct October 31, and December 5, 2007, and the Big Rock Point license, including transfer of the licenses to the extent held January 24, March 17, April 22, and the general license for the ISFSI. by ENO. Therefore, no consent to the May 2, 2008, and the NRC’s safety EN-Palisades is currently a direct proposed conversion is necessary. evaluation dated July 28, 2008, which wholly owned subsidiary of Entergy The findings set forth above are are available for public inspection at the Nuclear Midwest Investment Company, supported by the NRC’s safety Commission’s Public Document Room LLC which, in turn, is a direct wholly evaluation dated July 28, 2008. (PDR), located at One White Flint North, owned subsidiary of Entergy Nuclear Public File Area 01 F21, 11555 Holding Company which, in turn, is a III Rockville Pike (first floor), Rockville, direct wholly owned subsidiary of Accordingly, pursuant to Sections Maryland and accessible electronically Entergy Corporation. Therefore, under 161b, 161i, 161o, and 184 of the Atomic from the Agencywide Documents the current corporate structure, Entergy

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Corporation is the indirect owner of 100 Station located in Plymouth, by ENO. Therefore, no consent to the percent of EN-Palisades. Massachusetts, responded to the proposed conversion is necessary. Under the proposed corporate Federal Register notice and requested a The findings set forth above are restructuring, a new holding company, hearing and leave to intervene as a party supported by the NRC’s safety Enexus Energy Corporation (Enexus), in the Big Rock Point proceeding. On evaluation dated July 28, 2008. will be created. Initially, the June 12, 2008, Local 369 filed a notice shareholders of Entergy Corporation of withdrawal of its petition to III. will separately own the shares of intervene. The notice of withdrawal did Accordingly, pursuant to Sections Enexus and, as such, Enexus will be not apply to Local 590. 161b, 161i, 161o, and 184 of the Atomic owned by the public. Entergy Nuclear The request for a hearing is currently Energy Act of 1954, as amended, 42 Holding Company will become a direct pending before the Commission. U.S.C. 2201(b), 2201(i), 2201(o), and wholly owned subsidiary of Enexus. Pursuant to 10 CFR 2.1316, during the 2234; and 10 CFR 50.80, IT IS HEREBY Accordingly, following the corporate pendency of a hearing, the staff is ORDERED that the application regarding restructuring, Enexus will acquire expected to promptly proceed with the the indirect license transfer discussed indirect control of 100 percent of EN- approval or denial of license transfer above related to the proposed corporate Palisades. requests consistent with the staff’s restructuring and establishment of ENO, the operator of the Big Rock findings in its safety evaluation. Notice Enexus is approved, subject to the Point facility, is currently a direct of the staff’s action shall be promptly following conditions: wholly owned subsidiary of Entergy transmitted to the presiding officer and 1. EN-Palisades shall enter into the Nuclear Holding Company #2 which, in parties to the proceeding. Commission $700 million Support Agreement with turn, is a direct wholly owned action on the pending hearing requests Enexus Energy Corporation as described subsidiary of Entergy Corporation. is being handled independently of this in the application, no later than the time Therefore, Entergy Corporation is action. the proposed transactions and indirect currently the indirect owner of 100 Also, an intervenor from Oswego, license transfer occurs. EN-Palisades percent of ENO. New York, submitted two letters to the shall take no action to cause Enexus Under the proposed corporate Commission with public comments Energy Corporation, or its successors restructuring, Entergy Nuclear Holding dated January 21, 2008. The public and assigns, to void, cancel, or modify Company #2 will be eliminated and comments are addressed by the NRC’s the Support Agreement or cause it to fail ENO will become a direct subsidiary of safety evaluation dated July 28, 2008. to perform, or impair its performance a new parent company called EquaGen, Pursuant to 10 CFR 50.80(a), no LLC. EquaGen, LLC will be owned in license, or any right thereunder, shall be under the Support Agreement, without equal shares by two new intermediate transferred, directly or indirectly, prior written consent of the NRC. The holding companies as follows. Entergy through transfer of control of the Support Agreement may not be EquaGen, Inc. is being created as a license, unless the Commission shall amended or modified without 30 days direct subsidiary of Entergy Corporation give its consent in writing. Upon review prior written notice to the Director of and will own 50 percent of EquaGen, of the information in the application as the Office of Nuclear Material Safety LLC. Similarly, Enexus EquaGen, LLC is supplemented and other information and Safeguards or his designee. An being created as a direct subsidiary of before the Commission, and relying executed copy of the Support Enexus and will also own 50 percent of upon the representations and Agreement shall be submitted to the EquaGen, LLC. Accordingly, following agreements in the application as NRC no later than 30 days after the the corporate restructuring, Entergy supplemented, the NRC staff concludes completion of the proposed transactions Corporation and Enexus will each have that the proposed indirect transfer of and the indirect license transfer. EN- indirect control of 50 percent of ENO. control of the license held by EN- Palisades shall inform the NRC in Finally, ENO will be converted from Palisades to Enexus, as described writing anytime it draws upon the a corporation to a limited liability herein, will not affect the qualifications Support Agreement. company and its name will be changed of EN-Palisades as holder of the Big 2. The ten separate support guarantees from Entergy Nuclear Operations, Inc. to Rock Point license. The indirect transfer from various Entergy subsidiaries, EquaGen Nuclear, LLC. Under Delaware of control of the license is otherwise which total $315 million, including the law, EquaGen Nuclear, LLC will assume consistent with applicable provisions of support guarantee relating to Big Rock all of the rights and responsibilities of law, regulations, and orders issued by Point, may be revoked when, and ENO, and it will be the same company the NRC. Furthermore, the NRC staff conditioned upon, implementation of (legal entity) both before and after the concludes that the proposed corporate the new $700 million Support conversion and name change. Also, EN- restructuring involving new Agreement at the time the proposed Palisades will undergo a name change to intermediate and ultimate parent restructuring and indirect license become Enexus Nuclear Palisades, LLC. companies over ENO, as described transfer are completed. The staff understands that ENO will herein, will not affect the qualifications 3. The Parent Company Guarantee request an administrative license of ENO as holder of the Big Rock Point may be terminated when, and amendment to conform the Big Rock license. The indirect transfer of control conditioned upon, replacement with an Point license in the near future. of the license as held by ENO, to the alternative financial assurance Notice of the request for approval and extent affected by the proposed mechanism that is acceptable under the an opportunity for a hearing was restructuring, is otherwise consistent terms of 10 CFR 50.75(e)(1) at the time published in the Federal Register on with applicable provisions of law, the proposed restructuring and indirect January 16, 2008 (73 FR 2956). By regulations, and orders issued by the license transfer are completed. petition dated February 5, 2008, Locals Commission. 4. Should the proposed corporate 369 and 590, Utility Workers Union of The NRC staff concludes that the restructuring and establishment of America (UWUA), American Federation conversion of Entergy Nuclear Enexus not be completed within one of Labor-Congress of Industrial Operations, Inc. to EquaGen Nuclear, year from the date of this Order, this Organization, representing plant LLC would not constitute a direct Order shall become null and void, workers at the Pilgrim Nuclear Power transfer of the licenses to the extent held provided, however, upon written

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application and good cause shown, such 24, March 17, April 22, and May 2, Enexus and will also own 50 percent of date may be extended by Order. 2008, ENO, acting on behalf of itself and EquaGen, LLC. Accordingly, following This Order is effective upon issuance. EN-FitzPatrick, requested that the U.S. the corporate restructuring, Entergy For further details with respect to this Nuclear Regulatory Commission (NRC, Corporation and Enexus will each have Order, see the application dated July 30, the Commission), pursuant to Section indirect control of 50 percent of ENO. 2007, as supplemented by letters dated 50.80 of Title 10 of the Code of Federal Finally, ENO will be converted from October 31, and December 5, 2007, and Regulations (10 CFR), consent to the a corporation to a limited liability January 24, March 17, April 22, and proposed indirect transfer of control of company and its name will be changed May 2, 2008, and the NRC’s safety the FitzPatrick license, including the from Entergy Nuclear Operations, Inc. to evaluation dated July 28, 2008, which general license for the independent EquaGen Nuclear, LLC. Under Delaware are available for public inspection at the spent fuel storage installation. law, EquaGen Nuclear, LLC will assume Commission’s Public Document Room EN-FitzPatrick is currently a direct all of the rights and responsibilities of (PDR), located at One White Flint North, wholly owned subsidiary of Entergy ENO, and it will be the same company Public File Area 01 F21, 11555 Nuclear New York Investment Company (legal entity) both before and after the Rockville Pike (first floor), Rockville, 1 which, in turn, is a direct wholly conversion and name change. Also, EN- Maryland, and accessible electronically owned subsidiary of Entergy Nuclear FitzPatrick will undergo a name change from the Agencywide Documents Holding Company #1. Seventy-five to become Enexus Nuclear FitzPatrick, Access and Management System percent of Entergy Nuclear Holding LLC. The staff understands that ENO (ADAMS) Public Electronic Reading Company #1 is directly owned by will request an administrative license Room on the Internet at the NRC Web Entergy Corporation while the amendment to conform the FitzPatrick site, http://www.nrc.gov/reading-rm/ remaining 25 percent is directly owned license in the near future. adams.html. Persons who do not have by Entergy Global, LLC. Entergy Global, Notice of the requests for approval and an opportunity for a hearing was access to ADAMS or who encounter LLC is a direct wholly owned subsidiary published in the Federal Register on problems in accessing the documents of Entergy International Holdings LTD January 16, 2008 (73 FR 2950). By located in ADAMS, should contact the which, in turn, is a direct wholly owned petition dated February 5, 2008, Locals NRC PDR Reference staff by telephone subsidiary of Entergy Corporation. 369 and 590, Utility Workers Union of at 1–800–397–4209, 301–415–4737, or Therefore, under the current corporate America (UWUA), American Federation by e-mail to [email protected]. structure, Entergy Corporation is the indirect owner of 100 percent of EN- of Labor-Congress of Industrial Dated at Rockville, Maryland, this 28th day FitzPatrick. Organization, representing plant of July 2008. Under the proposed corporate workers at the Pilgrim Nuclear Power For the Nuclear Regulatory Commission. restructuring, a new holding company, Station located in Plymouth, E. William Brach, Enexus Energy Corporation (Enexus), Massachusetts, responded to the Director, Division of Spent Fuel Storage and will be created. Initially, the Federal Register notice and requested a Transportation, Office of Nuclear Material shareholders of Entergy Corporation hearing and leave to intervene as a party Safety and Safeguards. will separately own the shares of in the FitzPatrick proceeding. On June [FR Doc. E8–17687 Filed 7–31–08; 8:45 am] Enexus and, as such, Enexus will be 12, 2008, Local 369 filed a notice of BILLING CODE 7590–01–P owned by the public. Entergy Nuclear withdrawal of its petition to intervene. Holding Company #1 will become a The notice of withdrawal did not apply direct wholly owned subsidiary of to Local 590. NUCLEAR REGULATORY Enexus. Entergy Global, LLC, Entergy The request for a hearing is currently COMMISSION International Holdings LTD, and pending before the Commission. [Docket Nos. 50–333 and 72–12] Entergy Nuclear New York Investment Pursuant to 10 CFR 2.1316, during the Company 1 will be eliminated. pendency of a hearing, the staff is In the Matter of Entergy Nuclear Accordingly, following the corporate expected to promptly proceed with the Operations, Inc.; Entergy Nuclear restructuring, Enexus will acquire approval or denial of license transfer Fitzpatrick, LLC (James A. FitzPatrick indirect control of 100 percent of EN- requests consistent with the staff’s Nuclear Power Plant); Order Approving FitzPatrick. findings in its safety evaluation. Notice Indirect Transfer of Facility Operating ENO, the operator of the FitzPatrick of the staff’s action shall be promptly License facility, is currently a direct wholly transmitted to the presiding officer and owned subsidiary of Entergy Nuclear parties to the proceeding. Commission I Holding Company #2 which, in turn, is action on the pending hearing requests Entergy Nuclear Operations, Inc. a direct wholly owned subsidiary of is being handled independently of this (ENO) and Entergy Nuclear FitzPatrick, Entergy Corporation. Therefore, Entergy action. LLC (EN-FitzPatrick) are co-holders of Corporation is currently the indirect Pursuant to 10 CFR 50.80(a), no the Facility Operating License, No. owner of 100 percent of ENO. license, or any right thereunder, shall be DPR–59, which authorizes the Under the proposed corporate transferred, directly or indirectly, possession, use, and operation of the restructuring, Entergy Nuclear Holding through transfer of control of the James A. FitzPatrick Nuclear Power Company #2 will be eliminated and license, unless the Commission gives its Plant (FitzPatrick). FitzPatrick is a ENO will become a direct subsidiary of consent in writing. Upon review of the boiling water nuclear reactor that is a new parent company called EquaGen, information in the application as owned by EN-FitzPatrick and operated LLC. EquaGen, LLC will be owned in supplemented and other information by ENO. The facility is located in equal shares by two new intermediate before the Commission, and relying Scriba, Oswego County, New York. holding companies as follows. Entergy upon the representations and EquaGen, Inc. is being created as a agreements in the application as II direct subsidiary of Entergy Corporation supplemented, the NRC staff concludes By application dated July 30, 2007, as and will own 50 percent of EquaGen, that the proposed indirect transfer of supplemented by letters dated October LLC. Similarly, Enexus EquaGen, LLC is control of the license held by EN- 31, and December 5, 2007, and January being created as a direct subsidiary of FitzPatrick to Enexus, as described

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herein, will not affect the qualifications (2) The ten separate support ACTION: Notice of receipt of license of EN-FitzPatrick as holder of the guarantees from various Entergy transfer application and opportunity to FitzPatrick license. The indirect transfer subsidiaries, which total $315 million, request a hearing. of control of the license is otherwise including the support guarantee relating consistent with applicable provisions of to FitzPatrick, may be revoked when, DATES: A request for a hearing must be law, regulations, and orders issued by and conditioned upon, implementation filed by August 21, 2008, in accordance the NRC. Furthermore, the NRC staff of the new $700 million Support with 10 CFR 2.309(b)(1). concludes that the proposed corporate Agreement at the time the proposed FOR FURTHER INFORMATION CONTACT: restructuring involving new restructuring and indirect license Amy M. Snyder, Senior Project intermediate and ultimate parent transfer are completed. Manager, Fuel Manufacturing Branch, companies over ENO, as described (3) Should the proposed corporate Division of Fuel Cycle Safety and herein, will not affect the qualifications restructuring and establishment of Safeguards, Office of Nuclear Material of ENO as holder of the FitzPatrick Enexus not be completed within one Safety and Safeguards, U.S. Nuclear license. The indirect transfer of control year from the date of this Order, this Regulatory Commission, Mail Stop of the license as held by ENO, to the Order shall become null and void, EBB2C40M, Washington, DC 20555– extent affected by the proposed provided, however, upon written 0001, Telephone: (301) 492–3225; fax restructuring, is otherwise consistent application and good cause shown, such number: (301) 492–5539; e-mail: with applicable provisions of law, date may be extended by Order. [email protected]. regulations, and orders issued by the This Order is effective upon issuance. SUPPLEMENTARY INFORMATION: Commission. For further details with respect to this The NRC staff concludes that the Order, see the application dated July 30, I. Introduction conversion of Entergy Nuclear 2007, as supplemented by letters dated By letters dated November 14 and Operations, Inc. to EquaGen Nuclear, October 31, and December 5, 2007, and December 10, 2007, January 7 (two LLC would not constitute a direct January 24, March 17, April 22, and letters), January 11, February 15, and transfer of the licenses to the extent held May 2, 2008, and the NRC’s safety February 29, 2008, and e-mails dated by ENO. Therefore, no consent to the evaluation dated July 28, 2008, which December 12 (three e-mails) and proposed conversion is necessary. are available for public inspection at the December 13, 2007 (two e-mails), and The findings set forth above are Commission’s Public Document Room January 9, and January 14, 2008 supported by the NRC’s safety (PDR), located at One White Flint North, (collectively the Application), BWX evaluation dated July 28, 2008. Public File Area 01 F21, 11555 Technologies, Inc., Nuclear Products Rockville Pike (first floor), Rockville, III Division (BWXT or the licensee) Maryland and accessible electronically requested approval, by the U.S. Nuclear Accordingly, pursuant to Sections from the Agencywide Documents Regulatory Commission (NRC or the 161b, 161i, 161o, and 184 of the Atomic Access and Management System Commission), of the transfer of Special Energy Act of 1954, as amended, 42 (ADAMS) Public Electronic Reading Nuclear Materials License No. SNM–42 U.S.C. 2201(b), 2201(i), 2201(o), and Room on the Internet at the NRC Web to Babcock & Wilcox Nuclear 2234; and 10 CFR 50.80, It is hereby site, http://www.nrc.gov/reading-rm/ Operations Group, Inc. (B&W NOG). ordered that the application regarding adams.html. Persons who do not have B&W NOG is a Delaware Corporation the indirect license transfer discussed access to ADAMS or who encounter that was created on November 20, 2007, above related to the proposed corporate problems in accessing the documents as a wholly-owned subsidiary of restructuring and establishment of located in ADAMS, should contact the Babcock & Wilcox Investment Company, Enexus is approved, subject to the NRC PDR Reference staff by telephone Inc. The requested transfer action would following conditions: at 1–800–397–4209, 301–415–4737, or result in a transfer of control of Special (1) EN-FitzPatrick shall enter into the by e-mail at [email protected]. Nuclear Materials License No. SNM–42 $700 million Support Agreement with Dated at Rockville, Maryland, this 28th day from BWXT to B&W NOG. Enexus Energy Corporation as described of July 2008. BWXT is the holder of Special in the application, no later than the time For the Nuclear Regulatory Commission. Nuclear Materials License No. SNM–42, the proposed transactions and indirect Timothy J. McGinty, which authorizes BWXT to receive, license transfer occurs. EN-FitzPatrick possess, and use special nuclear Acting Director, Division of Operating Reactor shall take no action to cause Enexus Licensing, Office of Nuclear Reactor material and irradiated fuel (spent Energy Corporation, or its successors Regulation. nuclear fuel) for the research, and assigns, to void, cancel, or modify [FR Doc. E8–17689 Filed 7–31–08; 8:45 am] fabrication and assembly of nuclear fuel the Support Agreement or cause it to fail and related components at its facilities BILLING CODE 7590–01–P to perform, or impair its performance located in the Lynchburg, Virginia area. under the Support Agreement, without The license provides, among other prior written consent of the NRC. The NUCLEAR REGULATORY things, that the facilities are subject to Support Agreement may not be COMMISSION all rules, regulations, and orders of the amended or modified without 30 days NRC, now or hereafter in effect. Special prior written notice to the Director of Nuclear Materials License No. SNM–42 [Docket No. 70–27] the Office of Nuclear Reactor Regulation applies to the BWXT fuel manufacturing or his designee. An executed copy of the Notice of Receipt of an Application To facilities, the research facility known as Support Agreement shall be submitted Transfer the Control of Special Nuclear the Lynchburg Technology Center to the NRC no later than 30 days after Materials License No. SNM–42; (LTC), the waste treatment facility, and the completion of the proposed Opportunity To Request a Hearing, and the uranium storage facilities located in transactions and the indirect license Provide Written Comments Campbell County, Virginia. transfer. EN-FitzPatrick shall inform the Pursuant to 10 CFR 2.1301, the NRC in writing anytime it draws upon AGENCY: Nuclear Regulatory Commission is noticing in the Federal the Support Agreement. Commission. Register the receipt of the Application

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for approval of the transfer of Special II. Opportunity To Request a Hearing http://www.nrc.gov/site-help/e- Nuclear Materials License No. SNM–42 The NRC hereby provides notice that submittals.html. A filing is considered because it involves a major fuel cycle this is a proceeding regarding the complete at the time the filer submits its facility licensed under 10 CFR part 70. consideration of the issuance of an order documents through EIE. To be timely, The NRC is considering the issuance of authorizing the transfer of control of an electronic filing must be submitted to an order pursuant to 10 CFR 70.36, Special Nuclear Materials License No. the EIE system no later than 11:59 p.m. authorizing the transfer of control of SNM–42. In accordance with the general eastern time on the due date. Upon Special Nuclear Materials License No. requirements in Subpart C of 10 CFR receipt of a transmission, the E-Filing SNM–42 from BWXT to B&W NOG. An part 2, as amended on January 14, 2004 system time-stamps the document and amendment to the existing license (69 FR 2182), any person whose interest sends the submitter an e-mail notice would follow the issuance of the order. may be affected by this proceeding and confirming receipt of the document. The EIE system also distributes an e-mail According to the BWXT Application, a who desires to participate as a party notice that provides access to the newly formed entity, namely B&W must file a written request for a hearing document, to the NRC Office of the NOG, would acquire ownership of the and a specification of the contentions General Counsel and any others who BWXT Virginia facilities and upon that the person seeks to have litigated in have advised the Office of the Secretary approval of the license transfer would the hearing. that they wish to participate in the be the licensee responsible for operating A request for hearing or a petition for proceeding, so that the filer need not and maintaining them. The Application leave to intervene must be filed in serve the documents to each participant does not propose any physical changes accordance with the NRC E-Filing rule, separately. Therefore, applicants and to the facilities or other changes. which the NRC promulgated on August other participants (or their counsel or 28, 2007 (72 FR 49139). The E-Filing The amendment would replace representative) must apply for and rule requires participants to submit and references to BWXT, Inc., in the license, receive a digital ID certificate before a serve documents over the Internet, or in with references to B&W NOG, to reflect hearing request/petition to intervene is some cases to mail copies on electronic the transfer, if approved by the filed so that they can obtain access to storage media. Participants may not Commission. the document via the E-Filing system. submit paper copies of their filings A person filing electronically may Pursuant to 10 CFR 70.36, no license, unless they seek a waiver in accordance or any right thereunder, shall be seek assistance through the ‘‘Contact with the procedures described below. Us’’ link located on the NRC Web site transferred, assigned in any manner, To comply with the procedural disposed of, either voluntarily or at http://www.nrc.gov/site-help/e- requirements of the E-Filing rule, at submittals.html, or by calling the NRC involuntarily, directly or indirectly, least ten (10) days prior to the filing through the transfer of control of the technical help line, which is available deadline, the petitioner/requestor must between 8:30 a.m. and 4:15 p.m., eastern license, to any person, unless the contact the Office of the Secretary by e- Commission, after securing full time, Monday through Friday. The help mail at [email protected], line number is (800) 397–4209 or information, finds that the transfer is in or by calling (301) 415–1677, to request: accordance with the provisions of the locally, (301) 415–4737. (1) A digital identification (ID) Participants who believe that they Atomic Energy Act of 1954, as amended, certificate, which allows the participant and gives its consent in writing. The have a good cause for not submitting (or its counsel or representative) to documents electronically must file a Commission will approve an digitally sign documents and access the application for the transfer of a license motion, in accordance with 10 CFR E-Submittal server for any proceeding in 2.302(g), with their initial paper filing, and authorize the transfer of the license which it is participating; and/or (2) the through the issuance of an order, if it is requesting authorization to continue to creation of an electronic docket for the submit documents in paper format. determined that the proposed transferee proceeding [even in instances in which is qualified to hold the license and that Such filings must be submitted by: (1) the petitioner/requestor (or its counsel First class mail addressed to the Office the transfer is otherwise consistent with or representative) already holds an NRC- of the Secretary of the Commission, U.S. applicable provisions of law, issued digital ID certificate]. Each Nuclear Regulatory Commission, regulations, and orders issued by the petitioner/ requestor will need to Washington, DC 20555–0001, Attention: Commission pursuant thereto. download the Workplace Forms Rulemaking and Adjudications Staff; or An NRC administrative review, ViewerTM to access the Electronic (2) courier, express mail, or expedited documented in a letter to BWXT dated Information Exchange (EIE), a delivery service to the Office of the March 19, 2008, found the application component of the E-Filing system. The Secretary, Sixteenth Floor, One White acceptable to begin a technical review. Workplace Forms ViewerTM is free and Flint North, Rockville, Pike, Rockville, If the NRC issues an order, as described is available at http://www.nrc.gov/site- MD, 20852, Attention: Rulemaking and above, the approval of the above help/e-submittals/install-viewer.html. Adjudications Staff. Participants filing a requested actions will be documented in Instruction for applying for a digital ID document in this manner are a conforming amendment to Special certificate is available on the NRC’s responsible for serving the document to Nuclear Materials License No. SNM–42. public Web site at http://www.nrc.gov/ all other participants. Filing is However, before issuing an order and site-help/e-submittals/apply- considered complete by first-class mail approving the amendment, the NRC will certificates.html. as of the time of deposit in the mail, or need to make the findings required by Once a petitioner/requestor has by courier, express mail, or expedited the Atomic Energy Act of 1954, as obtained a digital ID certificate, has delivery service upon depositing the amended, and NRC regulations. These created a docket, and downloads the EIE document with the provider of the findings will be documented in a safety viewer, he or she can then submit a service. evaluation report. The license transfer request for hearing or petition for leave Non-timely requests and/or petitions request falls within the 10 CFR to intervene. Submissions should be in and contentions will not be entertained 51.22(c)(21), categorical exclusion so no Portable Document Format (PDF), in absent a determination by the environmental review of the proposed accordance with NRC guidance that is Commission, the presiding officer, or action is required. available on the NRC public Web site at the Atomic Safety and Licensing Board

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that the petition and/or request should 4. Demonstrate that the issue raised in Adjudications Staff, and should cite the be granted and/or the contentions the contention is material to the publication date and page number of should be admitted based on a findings that the NRC must make to this Federal Register notice. Comments balancing of the factors specified in 10 support the action that is involved in received after 30 days will be CFR 2.309(c)(1)(i)–(viii). To be timely, the proceeding; considered if practicable to do so, but filings must be submitted no later than 5. Provide a concise statement of the only the comments received on or 11:59 p.m. eastern time on the due date. alleged facts or expert opinions that before the due date can be assured Documents submitted in adjudicatory support the requester’s/petitioner’s consideration. position on the issue and on which the proceedings will appear in the NRC’s IV. Further Information electronic hearing docket, which is requester/petitioner intends to rely to available to the public at http:// support its position on the issue; and Documents related to this action ehd.nrc.gov/EHD_Proceeding/home.asp, 6. Provide sufficient information to including the Application for the unless excluded pursuant to an order by show that a genuine dispute exists with proposed license transfer and the Commission, an Atomic Safety and the applicant on a material issue of law supporting documentation, are available Licensing Board, or a presiding officer. or fact. This information must include electronically through the NRC’s Participants are requested not to include references to specific portions of the Electronic Reading Room at http:// social security numbers in their filings. Application that the requester/petitioner www.nrc.gov/reading-rm/adams.html. With respect to copyrighted works, disputes and the supporting reasons for From this site, you can access the NRC’s except for limited excerpts that serve each dispute, or, if the requester/ Agencywide Documents Access and the purpose of the adjudicatory filings petitioner believes the Application fails Management System (ADAMS), which and would constitute a Fair Use to contain information on a relevant provides text and image files of NRC’s application, participants are requested matter as required by law, the public documents. The ADAMS not to include copyrighted materials in identification of each failure and the accession numbers for the publicly their submission. supporting reasons for the requester’s/ available documents related to this The formal requirements for petitioner’s belief. notice are: In addition, in accordance with 10 documents contained in 10 CFR CFR 2.309(f)(2), contentions must be ADAMS 2.304(c)–(e) must be met. If the NRC Document based on documents or other Accession No. grants an electronic document information available at the time the exemption in accordance with 10 CFR November 14, 2007: Initial petition is to be filed, such as the 2.302(g)(3), then the requirements for Application ...... ML080920759 Application, or other supporting paper documents, set forth in 10 CFR December 7, 2007: RAI Re- documents filed by the licensee or 2.304(b) must be met. quest I ...... ML073340643 otherwise available to the petitioner. In addition to meeting other December 10, 2007: RAI Re- Contentions may be amended or new sponse I ...... ML073460400 applicable requirements of 10 CFR contentions filed after the initial filing December 17, 2007: Meeting 2.309, the general requirements only with leave of the presiding officer. Minutes ...... ML080090688 involving a request for a hearing filed by Requesters/petitioners should, when January 7, 2008: Application a person other than an applicant must possible, consult with each other in Supplement ...... ML080160257 state: preparing contentions and combine January 7, 2008: Application Supplement ...... ML080160149 1. The name, address, and telephone similar subject matter concerns into a number of the requester; January 11, 2008: Applica- joint contention, for which one of the tion Supplement ...... ML080230599 2. The nature of the requester’s right co-sponsoring requesters/petitioners is February 1, 2008: RAI Re- under the Atomic Energy Act of 1954, designated the lead representative. quest II ...... ML080280551 as amended, to be made a party to the Further, in accordance with 10 CFR February 1, 2008: Propri- proceeding; 2.309(f)(3), any requester/petitioner that etary Determination I ...... ML080150394 3. The nature and extent of the wishes to adopt a contention proposed February 15, 2008: RAI Re- requester’s property, financial or other by another requester/petitioner must do sponse II ...... ML080920674 February 29, 2008: Re- interest in the proceeding; so, in accordance with the E-Filing rule, 4. The possible effect of any decision sponse to Proprietary De- within ten (10) days of the date the termination ...... ML080640268 or order that may be issued in the contention is filed, and designate a March 19, 2008: Application proceeding in the requester’s interest; representative who shall have the Acceptance ...... ML080710555 and authority to act for the requester/ March 31, 2008: Proprietary 5. The circumstances establishing that petitioner. Determination II ...... ML080790072 the request for a hearing is timely in April 24, 2008: RAI Request accordance with 10 CFR 2.309(b). III. Written Comments III ...... ML081050308 In accordance with 10 CFR 2.309(f)(1), In accordance with 10 CFR 2.1305(a), a request for hearing or petitions for as an alternative to requests for hearings Application Supplements via ADAMS leave to intervene must set forth, with and petitions to intervene, persons may E-Mails Accession No. particularity, the contentions sought to submit written comments regarding the be raised. For each contention, the license transfer application. These December 12, 2007 ...... ML081190572 request or petition must: comments must be submitted by December 12, 2007 ...... ML081190669 December 12, 2007 ...... ML081190672 1. Provide a specific statement of the September 2, 2008, in accordance with December 13, 2007 ...... ML081190671 issue of law or fact to be raised or 10 CFR 2.1305(b). The Commission will December 13, 2007 ...... ML081190670 controverted; address the comments received in January 9, 2008 ...... ML081190624 2. Provide a brief explanation of the accordance with 10 CFR 2.1305(c). January 14, 2008 ...... ML081190661 basis for the contention; Comments should be submitted to the 3. Demonstrate that the issue raised in Secretary, U.S. Nuclear Regulatory If you do not have access to ADAMS, the contention is within the scope of the Commission, Washington, DC 20555– or if there are problems in accessing the proceeding; 0001, Attention: Rulemakings and documents located in ADAMS, contact

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the NRC Public Document Room (PDR) The Draft SEIS evaluates alternatives to (DOT F 4500) which documents the reference staff at 1–800–397–4209, 301– the planning concept for the 120-acre type of assistance provided to each 415–4737, or by e-mail to [email protected]. Main Post district at the Presidio of San small business that is enrolled in the These documents may also be viewed Francisco identified in the 2002 PTMP, program. electronically on the public computers the Trust’s comprehensive land use plan The use of the Regional Resource located at the NRC’s PDR, O 1 F21, One and policy framework. The Draft SEIS Center Monthly Report Form, (DOT F White Flint North, 11555 Rockville considers planning proposals that were 4502) will highlight activities, such as Pike, Rockville, MD 20852. The PDR not anticipated in the PTMP, including counseling, marketing, meetings/ reproduction contractor will copy a contemporary art museum and a conferences, and services to businesses documents for a fee. lodge, and identifies Alternative 2 as the as completed during the month. The Dated at Rockville, Maryland, this 17 day proposed action, which is further information will be used to ascertain of July, 2008, described in the PTMP Main Post whether the program is providing For the Nuclear Regulatory Commission. Update. services to its constituency, the small business community, in a fair and Peter Habighorst, Interested parties have requested that the Trust extend the public comment equitable manner. The information Chief, Fuel Manufacturing Branch, Fuel collected is necessary to determine Facilities Licensing Directorate, Division of period. By extending the comment Fuel Cycle Safety, and Safeguards, Office of period, the Trust anticipates more in- whether small businesses are Nuclear Materials Safety and Safeguards. depth comments on the Draft SEIS, participating in DOT funded and DOT [FR Doc. E8–17666 Filed 7–31–08; 8:45 am] which will promote a better-informed assisted opportunities with the DOT. The Counseling Information Form, BILLING CODE 7590–01–P decision on the proposed action. The PTMP Main Post Update and Draft SEIS (DOT F 4640.1) has been eliminated and can be reviewed at local libraries and the information contained in that form is now consolidated into the Regional PRESIDIO TRUST the Trust headquarters at the address given above, and on the Trust Web site Resource Center Monthly Report Form (formerly titled Monthly Report of Notice Extending Prescribed Comment at http://www.Presidio.gov in the Major Operations Form). To eliminate Period Projects section. Karen Cook, General Counsel, the duplication and to streamline the data AGENCY: The Presidio Trust. Presidio Trust, 34 Graham Street, P.O. collection process, OSDBU revised the ACTION: Notice extending prescribed Box 29052, San Francisco, California Monthly Report of Operations Form into comment period. 94129–0052, Telephone: 415–561–5300. the Regional Resource Center Monthly Report Form. SUMMARY: By Federal Register notice of Dated: July 28, 2008. We are required to publish this notice June 13, 2008 (73 FR 33814), the Karen A. Cook, in the Federal Register by the Environmental Protection Agency General Counsel. Paperwork Reduction Act of 1995. On calculated the 45-day time period for [FR Doc. E8–17653 Filed 7–31–08; 8:45 am] June 26, 2008, OSDBU published a 60- public review of the Draft Supplemental BILLING CODE 4310–4R–P day notice in the Federal Register (73 Environmental Impact Statement (SEIS). FR 36368) Docket #OST–2008–0182, The deadline for comments was July 31, informing the public of OSDBU’s 2008. By this notice, the Presidio Trust DEPARTMENT OF TRANSPORTATION intention to extend an approved (Trust) is extending the public comment information collection. [Docket No. DOT–OST–2008–0182] period to September 19, 2008. Although DATES: Written comments should be the time for comments has been Office of Small and Disadvantaged submitted by: September 2, 2008 and extended, the Trust requests that Business Utilization (OSDBU); Notice submitted to the attention of the DOT/ interested parties provide comments as of Request for Renewal of Data OST Desk Officer, Office of Information soon as possible. Collection by the Office of Small and and Regulatory Affairs, Office of DATES: Written comments should be Disadvantaged Business Utilization’s Management and Budget, Docket submitted on or before September 19, (OSDBU) Regional Small Business library, Room 10102, 725 17th Street, 2008. Transportation Resource Centers NW., Washington, DC 20503 or oira_submission @omb.eop.gov (e-mail). ADDRESSES: Written comments may be (SBTRCs); Agency Information submitted to Main Post, Attn: Collection Activities; Request for FOR FURTHER INFORMATION CONTACT: Compliance Manager, The Presidio Comments, Renewal and Approval of Arthur D. Jackson, 202–366–5344 Office Trust, 34 Graham Street, P.O. Box Information Collection(s): Regional of Small and Disadvantaged Business 29052, San Francisco, CA 94129–0052. Center Intake Form (DOT F 4500) and Utilization, Office of the Secretary, U.S. Electronic comments can be sent to Regional Resource Center Monthly Department of Transportation, 1200 [email protected]. Please be Report Form (DOT F 4502) New Jersey Avenue, SE., Room W56 aware that all comments and 462, Washington, DC 20590. Office AGENCY: Office of the Secretary, DOT. information submitted will be made hours are from 9 a.m. to 5 p.m., Monday available to the public, including, ACTION: Notice and request for through Friday, except Federal holidays. without limitation, any postal address, comments. SUPPLEMENTARY INFORMATION: e-mail address, phone number, or other SUMMARY: The Office of Small and Title: U.S. Department of information contained in each Disadvantaged Business Utilization Transportation, Office of Small and submission. (OSDBU) invites the public to comment Disadvantaged Business Utilization SUPPLEMENTARY INFORMATION: In about our intention to request the Office (OSDBU) accordance with the National of Management and Budget’s (OMB) OMB Control No: 2105–0554; Form Environmental Policy Act, the Trust is approval to renew information No.: DOT F 4500, Regional Center Intake requesting public comment on the collection forms, associated with Form and Form No.: DOT F 4502, Presidio Trust Management Plan OSDBU. The collection involves the use Regional Resource Center Monthly (PTMP) Main Post Update Draft SEIS. of the Regional Center Intake Form, Report Form.

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Affected Public: Representatives of electronically by the SBTRCs and participating in a conference, workshop DOT Regional Small Business retained in secured files of the client. or any other venue that relates to small Transportation Resource Centers and The completion of the form is used as businesses. (4) Meetings that are held the Small Businesses community on a a tool for making decisions about the with government representatives in the national basis. needs of the business, such as; referral region, or at the state level, are an Type of Review: Clearance and to technical assistance agencies for help, activity that is reported. (5) Events Renewal. identifying the type of profession or Hosted by the SBTRCs, such as small Abstract: In accordance with Public trade of the business, the type of business workshops, financial Law 95–507, an amendment to the certification that the business holds, assistance workshops, matchmaking Small Business Act and the Small length of time in business, and location events, are activities that are reported on Business Investment Act of 1953, of the firm. The SBTRCs must complete a monthly basis. OSDBU is responsible for the an Intake Form and retain copies in Respondents: Small Business implementation and execution of the secured files in their offices. A limited Transportation Resource Centers. Department of Transportation (DOT) amount of privacy information is Estimated Number of Respondents: activities on behalf of small businesses, requested on this form. We have 100. in accordance with Section 8, 15 and 31 informed the public that the Privacy Act Frequency: The information will be of the Small Business Act (SBA), as is stated on the form. Under the Privacy collected monthly. amended. The Office of Small and Act (5 U.S.C. 552) any person can Estimated Total Burden on Disadvantaged Business Utilization also request to see or get copies of any Respondents: 1200 hours. administers the provisions of Title 49, of personal information that DOT has in Comments are invited on: (a) Whether the United States Code, Section 332, the his or her file, when that file is the proposed collection of information Minority Resource Center (MRC) which retrievable by individual identifiers, is necessary for the proper performance includes the duties of advocacy, such as name or social security of the functions of the Department, outreach and financial services on numbers. Request for information about including whether the information will behalf of small and disadvantaged another party may be denied unless have practical utility; (b) the accuracy of business businesses and those certified DOT has the written permission of the the Departments estimate of the burden under CFR 49 parts 23 and or 26 as individual to release the information to of the proposed information collection; Disadvantaged Business Enterprises the requestor or unless the information (c) ways to enhance the quality, utility (DBE).The Small Business is subject to disclosure under the and clarity of the information collection; Transportation Resource Regional Freedom of Information Act. This can and (d) ways to minimize the burden of Centers will collect information on assist the SBTRCs in developing a the collection of information on small businesses, which includes business plan or adjusting their business respondents, by the use of electronic Disadvantaged Business Enterprise plan to increase its ability to market its means, including the use of automated (DBE), Women-Owned Small Business goods and services to buyers and collection techniques or other forms of (WOB), Small Disadvantaged Business potential users of their services. information technology. (SDB), 8(a), Service Disabled Veteran Respondents: Small Business All responses to this notice will be Owned Business (SDVOB), Veteran Transportation Resource Centers. summarized and included in the request Owned Small Business (VOSB), Estimated Number of Respondents: for OMB approval. All comments will HubZone, and types of services they 100. also become a matter of public record. seek from the SBTRCs. Services and Frequency: The information will be Issued in Washington, DC on July 25, 2008. responsibilities of the SBTRCs include collected monthly. Patricia Lawton, business analysis, general management Estimated Total Burden on & technical assistance and training, Respondents: 600 hours. DOT Clearance Officer, Office of the Chief Information Officer. business counseling, outreach services/ The Regional Resource Center conference participation, short-term Monthly Report Form (DOT F 4502) for [FR Doc. E8–17671 Filed 7–31–08; 8:45 am] loan assistance. The cumulative data each SBTRC must submit a monthly BILLING CODE 4910–9X–P collected will be analyzed by the status report of business activities OSDBU to determine the effectiveness conducted during the 30 day time DEPARTMENT OF TRANSPORTATION of services provided, including frame. The form is used to capture counseling, outreach, and financial activities and accomplishments that Federal Aviation Administration services. Such data will also be were made by the Regional SBTRCs analyzed by the OSDBU to determine during the course of the month. In Ninth Meeting: Special Committee 209, agency effectiveness in assisting small addition, the form includes a data ATCRBS/Mode S Transponder MOPS businesses to enhance their collection section where numbers and Maintenance opportunities to participate in hours are reported and a section that is government contracts and subcontracts. assigned for a written narrative that AGENCY: Federal Aviation The Regional Center Intake Form, provides back up that supports the data. Administration (FAA), DOT. (DOT F 4500) is used by the Regional Activities to be reported are (1) ACTION: Notice of RTCA Special SBTRC staff to enroll small business Counseling Activity which identifies the Committee 209, EUROCAE WG–49 Joint clients into the program in order to counseling hours provided to Plenary Session ATCRBS/Mode S create a viable database of firms that can businesses, number of new Transponder MOPS Maintenance. participate in government contracts and appointments, and follow-up on subcontracts, especially those projects counseled clients. (2) Activity for SUMMARY: The FAA is issuing this notice that are transportation related. In Businesses Served identifies the type of to advise the public of a meeting of addition, each enrolled small business small business that is helped, such as a RTCA Special Committee 209, ATCRBS/ will be assigned a client number that DBE, 8(a), WOB, HubZone, SDB, Mode S Transponder MOPS can track the firm’s involvement in the SDVOB, or VOSB. 3) Marketing Activity Maintenance. services offered by the SBTRCs. Each includes the name of an event attended DATES: The meeting will be held August area on the form must be filled in by the SBTRC and the role played when 20–21, 2008, from 9 a.m.–5 p.m.

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ADDRESSES: RTCA Inc., 1828 L Street, is intended to affect the legal status of Petitioner: U.S. Avionix. NW., Suite 805, Washington, DC 20036. the petition or its final disposition. Section of 14 CFR Affected: 43.3(j)(2). FOR FURTHER INFORMATION CONTACT: DATES: Comments on this petition must Description of Relief Sought: U.S. RTCA Secretariat, 1828 L Street, NW., identify the petition docket number Avionix requests relief from the Suite 805, Washington, DC 20036–5133; involved and must be received on or maintenance, preventive maintenance, telephone (202) 833–9339; fax (202) before August 21, 2008. rebuilding, and alteration requirements 833–9434; Web site http://www.rtca.org; ADDRESSES: You may send comments contained in § 43.3(j)(2) to alter, repair, (2) Secretary Contact: Gary Furr; identified by Docket Number FAA– and supply any parts for instruments telephone (609) 485–4254, e-mail 2008–0582 using any of the following not manufactured by it using its Parts [email protected]. methods: Manufacturer Approval and Technical • Standard Order Authorization. SUPPLEMENTARY INFORMATION: Pursuant Government-wide Rulemaking Web to section 10(a)(2) of the Federal Site: Go to http://www.regulations.gov [FR Doc. E8–17593 Filed 7–31–08; 8:45 am] Advisory Committee Act (Pub. L. 92– and follow the instructions for sending BILLING CODE 4910–13–P your comments electronically. 463, 5 U.S.C., Appendix 2), notice is • hereby given for a Special Committee Mail: Send comments to the Docket 209 meeting. The agenda will include: Management Facility: U.S. Department DEPARTMENT OF TRANSPORTATION August 20–21: of Transportation, 1200 New Jersey • Co-Chairs, Welcome, Introductions Avenue, SE., West Building Ground Federal Highway Administration and Remarks. Floor, Room W12–140, Washington, DC [Docket No. FHWA–2008–0112] • Review and Approval of the Agenda 20590. • (SC209–WP09–01). Fax: Fax comments to the Docket Agency Information Collection • Review and Approval of the Management Facility at 202–493–2251. Activities: Notice of Request for • Minutes from SC–209; Plenary Meeting Hand Delivery: Bring comments to Renewal of a Previously Approved #8 (SC209 WP09–02). the Docket Management Facility in Information Collection • Closing Plenary Session (Date, Place Room W12–140 of the West Building and Time of Future Meetings, Ground Floor at 1200 New Jersey AGENCY: Office of the Secretary (OST). Discussion of Agenda topic for Next Avenue, SE., Washington, DC, between ACTION: Notice and request for Meeting(s), Other Business, Adjourn). 9 a.m. and 5 p.m., Monday through comments. Attendance is open to the interested Friday, except Federal holidays. public but limited to space availability. Privacy: We will post all comments SUMMARY: The OST invites public With the approval of the chairman, we receive, without change, to http:// comments about our intention to request members of the public may present oral www.regulations.gov, including any the Office of Management and Budget’s statements at the meeting. Persons personal information you provide. (OMB) approval for renewal of a wishing to present statements or obtain Using the search function of our docket previously approved information information should contact the person Web site, anyone can find and read the collection that is summarized below SUPPLEMENTARY INFORMATION listed in the FOR FURTHER INFORMATION comments received into any of our under . We CONTACT section. Members of the public dockets, including the name of the published a Federal Register Notice may present a written statement to the individual sending the comment (or with a 60-day public comment period committee at any time. signing the comment for an association, on this information collection on May business, labor union, etc.). You may 22, 2008. We are required to publish Issued in Washington, DC, July 23, 2008. review DOT’s complete Privacy Act this notice in the Federal Register by Francisco Estrada C., Statement in the Federal Register the Paperwork Reduction Act of 1995. RTCA Advisory Committee. published on April 11, 2000 (65 FR DATES: Please submit comments by [FR Doc. E8–17561 Filed 7–31–08; 8:45 am] 19477–78). September 2, 2008. BILLING CODE 4910–13–M Docket: To read background ADDRESSES: You may submit comments documents or comments received, go to identified by DOT DMS Docket Number http://www.regulations.gov at any time FHWA–2008–0112 by any of the DEPARTMENT OF TRANSPORTATION or to the Docket Management Facility in following methods: Web Site: http:// Room W12–140 of the West Building Federal Aviation Administration dms.dot.gov. Follow the instructions for Ground Floor at 1200 New Jersey submitting comments on the DOT [Summary Notice No. PE–2007–34] Avenue, SE., Washington, DC., between electronic docket site. Fax: 1–202–493– 9 a.m. and 5 p.m., Monday through 2251. Mail: Docket Management Petition for Exemption; Summary of Friday, except Federal holidays. Facility; U.S. Department of Petition Received FOR FURTHER INFORMATION CONTACT: Transportation, 1200 New Jersey AGENCY: Federal Aviation Katrina Holiday (202) 267–3603 or Avenue, SE., Washington, DC 20590. Administration (FAA), DOT. Frances Shaver (202) 267–9681, Office Hand Delivery: U.S. Department of of Rulemaking, Federal Aviation ACTION: Notice of petition for exemption Transportation, 1200 New Jersey Administration, 800 Independence received. Avenue, SE., Washington, DC 20590, Avenue, SW., Washington, DC 20591. between 9 a.m. and 5 p.m., Monday SUMMARY: This notice contains a This notice is published pursuant to through Friday, except Federal holidays. summary of a petition seeking relief 14 CFR 11.85. Docket: For access to the docket to read from specified requirements of 14 CFR. Issued in Washington, DC, on July 28, background documents or comments The purpose of this notice is to improve 2008. received, go to http://dms.dot.gov at any the public’s awareness of, and Pamela Hamilton-Powell, time or to U.S. Department of participation in, this aspect of FAA’s Director, Office of Rulemaking. Transportation, 1200 New Jersey regulatory activities. Neither publication Avenue, SE., Washington, DC 20590, of this notice nor the inclusion or Petition for Exemption between 9 a.m. and 5 p.m., Monday omission of information in the summary Docket No.: FAA–2008–0582. through Friday, except Federal holidays.

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FOR FURTHER INFORMATION CONTACT: Mr. way, in the form of utility use and transportation departments. The SDOT’s Jon Obenberger, 202–366–2221, Office occupancy agreements (formerly OMB and local agency transportation of Infrastructure, Federal Highway Control #: 2125–0522) with each utility departments are each involved in an Administration, Department of company. This documentation, average of 15 utility use and occupancy Transportation, 1200 New Jersey consisting of a use and occupancy agreements (or permits) per year for an Avenue, SE., Washington, DC 20590. agreement (permit), must be in writing annual frequency of 69,000. SDOT’s are Office hours are from 8 a.m. to 4:30 and must be maintained in the SDOT allowed to submit their eligibility p.m., Monday through Friday, except and/or local agency transportation statement for utility adjustments and Federal holidays. department. their utility accommodation policies SUPPLEMENTARY INFORMATION: Each SDOT’s is required (23 CFR when warranted by changes or updates 615.215) to submit to the FHWA a Title: Utility Adjustments, occur, or at the SDOT’s discretion. It is utility adjustment eligibility statement Agreements, Eligibility Statements and estimated 10 SDOT’s will update either (formerly OMB Control #: 2125–0515) Accommodation Policies. their eligibility statement for utility OMB Control #: 2125–0519. that establishes the SDOT’s legal authority and policies it employs for agreements or utility accommodation Background: Federal laws dealing policies per year. with the relocation and accommodation accommodating utilities within highway Estimated Average Annual Burden of utility facilities associated with the right-of-ways or obligation to pay for right-of-way of highway facilities are utility adjustments. FHWA has per Response: The estimated average previously reviewed and approved these contained in the United States Code amount of time required to develop and eligibility statements for each State (U.S.C.) 23, Sections 123 and 109(I)(1). record the costs for each utility DOT. The statements are used as a basis Regulations dealing with the utility adjustment is 8 hours. The estimated for Federal-aid reimbursement in utility facility accommodation and relocation amount of time required by the SDOT’s relocation costs under the provisions of are based upon the laws contained in 23 and local agency transportation 23 U.S.C. 123. Updated statements may U.S.C. and are found in the Code of departments to process each utility use be submitted for review at the State’s Federal Regulations (CFR), Title 23, and occupancy agreement (permit) is 8 discretion where circumstances have Chapter I, Subchapter G, Part 645, hours. The estimated amount of time for modified (for example, a change in State subparts A and B. each update to the SDOT’s eligibility statute) the extent to which utility statement for utility adjustments has an The FHWA requires (23 CFR part 645 adjustments are eligible for subpart A—Utility Relocations, average burden of 18 hours. The reimbursement by the State or those estimated amount of time for each Adjustments, and Reimbursement) instances where a local SDOT’s legal update and submittal of a SDOT’s utility developing and recording costs for basis for payment of utility adjustments accommodation policy has an average utility adjustments, as the basis for differs from that of the State. reimbursing State Departments of Each SDOT’s is also required (23 CFR burden of 280 hours. Transportation (SDOT’s) and local 645.215) to develop and submit to Estimated Total Annual Burden agency transportation departments, FHWA their utility accommodation Hours: The annual burden associated when they have paid the costs of utility policies (formerly OMB Control #: 2125– with developing and recording the costs facilities relocations that were required 0514) that will be used to regulate and for adjusting utility facilities is 72,000 by the construction of Federal-aid manage the utility facilities within the hours based on an estimate of 9,000 highway projects. The FHWA requires rights-of-way of Federal-aid highway adjustments that utility companies the utility companies to document the projects. The agencies utility perform annually that may be eligible costs or expenses for adjusting their accommodation policies need to address for Federal-aid highway funding facilities. These utility companies must the basis for utility facilities to use and allowing SDOT’s or local agency have a system for recording labor, occupy highway right-of-ways; the transportation departments to request materials, supplies and equipment costs State’s authority to regulate such use; reimbursement from FHWA. The annual incurred when undertaking adjustments and the policies and/or procedures burden associated with preparing, to accommodate the highway projects. employed for managing and submitting and approving utility use This record of costs forms the basis for accommodating utilities within the and occupancy agreements (permits) is payment by the SDOT or local right-of-ways of Federal-aid highway 552,000 burden-hours. The annual transportation department to the utility projects. Upon FHWA’s approval of the burden associated with developing and company. In turn the FHWA reimburses policy statement, the SDOT may take the SDOT or local transportation approving updates to SDOT’s eligibility any action required in accordance with statement for utility adjustments is 90 department for its payment to the utility the approved policy statement without hours. The annual burden associated company. The utility company is a case-by-case review by the FHWA. In with developing and approving updates required to maintain these records of addition, the utility accommodation to SDOT’s utility accommodation costs for 3 years after final payment is policy statements that have been policies is 1,400 hours. The received. approved previously by the FHWA are accumulated burden for the combined The SDOT and/or local agency periodically reviewed by the SDOT’s to transportation departments are determine if updating is necessary to information collection is 625,490. responsible for maintaining the highway reflect policy changes. Authority: The Paperwork Reduction Act rights-of-way, including the control of Respondents: 52 SDOT’s, including of 1995; 44 U.S.C. Chapter 35, as amended; its use by the utility companies. In the District of Columbia and Puerto and 49 CFR 1.48. managing the use of the highway rights- Rico, local agency transportation Issued on: July 25, 2008. of-way, the SDOT and/or local agency departments, and utility companies. transportation department is required Frequency: Developing and recording Judith Kane, (23 CFR 645.205 and 23 CFR 645.213) costs and expenses for utility Team Leader, Management Programs and to document the terms under which adjustments are submitted as they occur Analysis Division. utility facilities are allowed to cross or during the year (annually) by utility [FR Doc. E8–17672 Filed 7–31–08; 8:45 am] otherwise occupy the highway rights-of- companies to SDOTs or local agency BILLING CODE 4910–22–P

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DEPARTMENT OF TRANSPORTATION Transportation Equity Act: A Legacy for a request for a waiver of compliance Users of 2005 (SAFETEA–LU) calls for with certain requirements of its safety Federal Highway Administration an Evaluation and Assessment of CMAQ standards. The individual petition is [Docket No. FHWA–2008–0113] Projects. The statute calls for the described below, including the party identification and analysis of a seeking relief, the regulatory provisions Agency Information Collection representative sample of CMAQ projects involved, the nature of the relief being Activities: Notice of Request for and the development and population of requested, and the petitioner’s Renewal of a Previously Approved a database that describes the impacts of arguments in favor of relief. Information Collection the program both on traffic congestion Connecticut Department of levels and air quality. To establish and Transportation AGENCY: Office of the Secretary (OST). maintain this database, the FHWA is ACTION: Notice and request for requesting States to submit annual [Waiver Petition Docket Number FRA–2008– comments. reports on their CMAQ investments that 0088] The Connecticut Department of SUMMARY: cover projected air quality benefits, The OST invites public Transportation (CDOT) in conjunction comments about our intention to request financial information, a brief description of projects, and several with the National Railroad Passenger the Office of Management and Budget’s Corporation (Amtrak) seeks a waiver of (OMB) approval for renewal of a other factors outlined in the Interim Program Guidance for the CMAQ compliance from certain provisions of previously approved information 49 CFR Part 238, Passenger Equipment collection that is summarized below program. States are requested to provide the end of year summary reports via the Safety Standards. Specifically, under SUPPLEMENTARY INFORMATION. We § 238.309(d)(2), which provide the are required to publish this notice in the automated system provided through FHWA by the first day of March of each clean, oil, test, and stencil (COT&S) Federal Register by the Paperwork requirements for air brake valves. Reduction Act of 1995. year, covering the prior Federal fiscal year. In the aftermath of the events DATES: Please submit comments by Respondents: 51; each State DOT, and surrounding Hurricane Katrina, the September 30, 2008. Washington, DC. Federal Emergency Management Agency ADDRESSES: You may submit comments Frequency: Annually. (FEMA) has identified a need to have identified by DOT DMS Docket Number Estimated Average Burden per passenger car equipment readily FHWA–2008–0113 by any of the Response: 125 hours per annual report. available for emergency evacuation following methods: Estimated Total Annual Burden purposes. CDOT has responded by Web Site: http://dms.dot.gov. Follow Hours: 6,375 hours. making 10 demotored SPV passenger the instructions for submitting Public Comments Invited: You are cars that have been identified and are comments on the DOT electronic docket asked to comment on any aspect of this currently in storage available to support site. information collection, including: (1) this effort. In order to expedite the Fax: 1–202–493–2251. Whether the proposed collection is return of this equipment for immediate Mail: Docket Management Facility; necessary for the FHWA’s performance; service, CDOT requests relief from the U.S. Department of Transportation, 1200 (2) the accuracy of the estimated COT&S requirements. New Jersey Avenue, SE., Washington, burdens; (3) ways for the FHWA to The range of dates in which these cars DC 20590. enhance the quality, usefulness, and last had a COT&S performed is July Hand Delivery: U.S. Department of clarity of the collected information; and 2001, to May 2006. The regulation Transportation, 1200 New Jersey (4) ways that the burden could be requires a COT&S every 1,476 days. Avenue, SE., Washington, DC 20590, minimized, including the use of Prior to being placed in-service, CDOT between 9 a.m. and 5 p.m., Monday electronic technology, without reducing will contract Amtrak to perform a single through Friday, except Federal holidays. the quality of the collected information. car air brake test on each car to ensure Docket: For access to the docket to The agency will summarize and/or the integrity of the air brake system. read background documents or include your comments in the request Additionally, Amtrak will ensure the comments received, go to http:// for OMB’s clearance of this information integrity of all safety critical systems, as dms.dot.gov at any time or to U.S. collection. outlined in §§ 238.303, 238.305 and Department of Transportation, 1200 238.311 and will be the custodian of the Authority: The Paperwork Reduction Act New Jersey Avenue, SE., Washington, cars while in emergency stand-by status. DC 20590, between 9 a.m. and 5 p.m., of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1.48. FRA reserves the right to issue a Monday through Friday, except Federal temporary interim waiver if an Holidays. Issued On: July 25, 2008. emergency arises or other conditions FOR FURTHER INFORMATION CONTACT: Judith Kane, warrant before the comment period ends Michael Koontz, 202–366–2076, Office Team Leader, Management Programs and for this waiver request. of Natural and Human Environment, Analysis Division. Interested parties are invited to Federal Highway Administration, [FR Doc. E8–17673 Filed 7–31–08; 8:45 am] participate in these proceedings by Department of Transportation, 1200 BILLING CODE 4910–22–P submitting written views, data, or New Jersey Avenue, Washington, DC, comments. FRA does not anticipate 20590. Office hours are from 8 a.m. to scheduling a public hearing in 5 p.m., Monday through Friday, except DEPARTMENT OF TRANSPORTATION connection with these proceedings since Federal holidays. the facts do not appear to warrant a Federal Railroad Administration SUPPLEMENTARY INFORMATION: hearing. If any interested party desires OMB: 2125–0614. Petition for Waiver of Compliance an opportunity for oral comment, they Title: Annual Reporting for the should notify FRA, in writing, before Congestion Mitigation and Air Quality In accordance with Part 211 of Title the end of the comment period and Improvement (CMAQ) Program. 49 Code of Federal Regulations (CFR), specify the basis for their request. Background: Section 1808 of the Safe, notice is hereby given that the Federal All communications concerning these Accountable, Flexible, Efficient Railroad Administration (FRA) received proceedings should identify the

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appropriate docket number (e.g., Waiver Norfolk Southern Corporation Petition Docket Number FRA–2008– Petition Docket Number FRA–2008– [Docket Number FRA–2008–0077] 0077) and may be submitted by any of 0088) and may be submitted by any of the following methods: The Norfolk Southern Corporation the following methods: • Web site: http:// • Web site: http:// (NS) seeks a waiver of compliance from www.regulations.gov. Follow the online www.regulations.gov. Follow the online certain provisions of 49 CFR Part 232, instructions for submitting comments. instructions for submitting comments. Brake System Safety Standards for • Fax: 202–493–2251. • Fax: 202–493–2251. Freight and Other Non-Passenger Trains • Mail: Docket Operations Facility, • Mail: Docket Operations Facility, and Equipment. Specifically, NS is U.S. Department of Transportation, 1200 U.S. Department of Transportation, 1200 requesting a waiver to increase the 4- New Jersey Avenue, SE., W12–140, New Jersey Avenue, SE., W12–140, hour off-air requirement, as prescribed Washington, DC 20590. Washington, DC 20590. in 49 CFR 232.205(a)(3), to 24 hours at • Hand Delivery: 1200 New Jersey • Hand Delivery: 1200 New Jersey certain locations on NS’s Pocahontas Avenue, SE., Room W12–140, Avenue, SE., Room W12–140, Division in West Virginia. Washington, DC 20590, between 9 a.m. Washington, DC 20590, between 9 a.m. NS has approximately 12 locations and 5 p.m., Monday through Friday, and 5 p.m., Monday through Friday, where they will park a train of except Federal holidays. except Federal Holidays. approximately 100 cars that have Communications received within 45 Communications received within 20 received a Class I brake test. The days of the date of this notice will be days of the date of this notice will be locomotives will cut away from the cars considered by FRA before final action is considered by FRA before final action is and leave them in the siding without taken. Comments received after that taken. Comments received after that any means to maintain air. These cars date will be considered as far as date will be considered as far as will remain in the siding until another practicable. All written communications practicable. All written communications train arrives and attaches to the cars that concerning these proceedings are concerning these proceedings are have been left in the siding. Because available for examination during regular available for examination during regular these cars have been off-air for more business hours (9 a.m.–5 p.m.) at the business hours (9 a.m.–5 p.m.) at the than 4 hours (sometimes as much as 24 above facility. All documents in the above facility. All documents in the hours) § 205(a)(3) requires that they be public docket are also available for public docket are also available for given another Class I brake test, inspection and copying on the Internet inspection and copying on the Internet although they have only travelled a at the docket facility’s Web site at at the docket facility’s Web site at distance of approximately 150 miles. NS http://www.regulations.gov. http://www.regulations.gov. feels that these tests are unnecessary Anyone is able to search the Anyone is able to search the and subject their employees to electronic form of any written electronic form of any written performing these tests in less than communications and comments communications and comments desirable walking conditions. NS has received into any of our dockets by the received into any of our dockets by the tried to leave a locomotive attached to name of the individual submitting the name of the individual submitting the the cars in the siding to maintain air comment (or signing the comment, if comment (or signing the comment, if pressure. However, NS states that this is submitted on behalf of an association, submitted on behalf of an association, not cost effective, since the locomotive business, labor union, etc.). You may business, labor union, etc.). You may may be required to idle for 24 hours at review DOT’s complete Privacy Act review DOT’s complete Privacy Act a cost of $57 an hour, in addition to the Statement in the Federal Register Statement in the Federal Register system average of $750 per day for the published on April 11, 2000 (Volume published on April 11, 2000 (Volume locomotive out of service cost. The 65, Number 70; Pages 19477–78). 65, Number 70; Pages 19477–78). addition of yard air sources has been Issued in Washington, DC on July 29, 2008. considered, but due to the geographic Issued in Washington, DC on July 29, 2008. Grady C. Cothen, Jr., location and lack of available electrical Michael Logue, power, the installation cost is estimated Deputy Associate Administrator for Safety Standards and Program Development. Deputy Associate Administrator for Safety at $707,397. Compliance and Program Implementation. NS does not feel that safety will be [FR Doc. E8–17707 Filed 7–31–08; 8:45 am] [FR Doc. E8–17705 Filed 7–31–08; 8:45 am] compromised as a Class III brake test BILLING CODE 4910–06–P BILLING CODE 4910–06–P would be performed on the blocks left in the siding when added to trains. To DEPARTMENT OF TRANSPORTATION date, NS states that there is no evidence DEPARTMENT OF TRANSPORTATION of vandalism at any of the locations Maritime Administration where they would invoke this waiver. Federal Railroad Administration Interested parties are invited to [Docket No. MARAD–2008 0069] Petition for Waiver of Compliance participate in these proceedings by submitting written views, data, or Requested Administrative Waiver of In accordance with Part 211 of Title comments. FRA does not anticipate the Coastwise Trade Laws 49 Code of Federal Regulations (CFR), scheduling a public hearing in AGENCY: Maritime Administration, notice is hereby given that the Federal connection with these proceedings since Department of Transportation. Railroad Administration (FRA) received the facts do not appear to warrant a ACTION: Invitation for public comments a request for a waiver of compliance hearing. If any interested party desires on a requested administrative waiver of from certain requirements of its safety an opportunity for oral comment, they the Coastwise Trade Laws for the vessel standards. The individual petition is should notify FRA, in writing, before TRINITY. described below, including the party the end of the comment period and seeking relief, the regulatory provisions specify the basis for their request. SUMMARY: As authorized by Public Law involved, the nature of the relief being All communications concerning these 105–383 and Public Law 107–295, the requested, and the petitioner’s proceedings should identify the Secretary of Transportation, as arguments in favor of relief. appropriate docket number (e.g., Waiver represented by the Maritime

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Administration (MARAD), is authorized Geographic Region: ‘‘Southern (milepost 763.0); and traverses through to grant waivers of the U.S.-build California in the area outside of Ventura United States Postal Service ZIP Codes requirement of the coastwise laws under Harbor.’’ 97439, 97441, 97449, 97453, 97459, certain circumstances. A request for 97461, 97467, 97480, 97487, 97490, and Privacy Act such a waiver has been received by 97493. MARAD. The vessel, and a brief Anyone is able to search the CORP also seeks authority to description of the proposed service, is electronic form of all comments discontinue service over the portions of listed below. The complete application received into any of our dockets by the the Coos Bay Subdivision that it leases: 2 is given in DOT docket MARAD–2008– name of the individual submitting the (1) The Coquille Branch extending from 0069 at http://www.regulations.gov. comment (or signing the comment, if milepost 763.13 near Cordes to milepost Interested parties may comment on the submitted on behalf of an association, 785.5 near Coquille, a distance of 22.37 effect this action may have on U.S. business, labor union, etc.). You may miles, in Coos County, OR, including vessel builders or businesses in the U.S. review DOT’s complete Privacy Act the stations of North Bend (milepost that use U.S.-flag vessels. If MARAD Statement in the Federal Register 765.6), Coos Bay (milepost 768.9), determines, in accordance with Public published on April 11, 2000 (Volume McCormac (milepost 770.5), Hayden Law 105–383 and MARAD’s regulations 65, Number 70; Pages 19477–78). (milepost 773.1), Chrome (milepost at 46 CFR part 388 (68 FR 23084; April Dated: July 23, 2008. 781.2), and Coquille (milepost 785.6), 30, 2003), that the issuance of the By order of the Maritime Administrator. and traversing through Unites States Postal Service ZIP Codes 97420, 97423, waiver will have an unduly adverse Leonard Sutter, effect on a U.S.-vessel builder or a and 97459; and (2) the LPN Branch Secretary, Maritime Administration. business that uses U.S.-flag vessels in extending between CORP milepost that business, a waiver will not be [FR Doc. E8–17616 Filed 7–31–08; 8:45 am] 738.8 and LPN Branch milepost 2.0, a granted. Comments should refer to the BILLING CODE 4910–81–P distance of 2.0 miles, in Douglas docket number of this notice and the County, OR, including the station of vessel name in order for MARAD to Gardiner Junction (milepost 738.8), and DEPARTMENT OF TRANSPORTATION properly consider the comments. traversing through United States Postal Comments should also state the Surface Transportation Board Service ZIP Code 97441. commenter’s interest in the waiver The line does contain federally application, and address the waiver [STB Docket No. AB–515 (Sub-No. 2)] granted rights-of-way. Any criteria given in § 388.4 of MARAD’s documentation in CORP’s possession regulations at 46 CFR part 388. Central Oregon & Pacific Railroad, will be made available promptly to Inc.—Abandonment and those requesting it. CORP’s entire case DATES: Submit comments on or before Discontinuance of Service—in Coos, for abandonment and discontinuance September 2, 2008. Douglas, and Lane Counties, OR was filed with the application. ADDRESSES: Comments should refer to On July 14, 2008, the Central Oregon This line of railroad has appeared on docket number MARAD–2008–0069. & Pacific Railroad, Inc. (CORP) filed an CORP’s system diagram map or has been Written comments may be submitted by application under 49 U.S.C. 10903 for included in its narrative in category 1 hand or by mail to the Docket Clerk, permission to abandon and discontinue since May 8, 2008. U.S. Department of Transportation, service over portions of a line of railroad The interest of railroad employees Docket Operations, M–30, West known as the Coos Bay Subdivision, will be protected by the conditions set Building Ground Floor, Room W12–140, which consists of (1) the Coos Bay forth in Oregon Short Line R. Co.— 1200 New Jersey Avenue, SE., Branch (which is owned by CORP), and Abandonment—Goshen, 360 I.C.C. 91 Washington, DC 20590. You may also (2) the Coquille Branch and the LPN (1979). send comments electronically via the Branch (which are leased by CORP).1 Any interested person may file with Internet at http://www.regulations.gov. CORP seeks authority to abandon the Surface Transportation Board All comments will become part of this certain portions of the Coos Bay written comments concerning the docket and will be available for Subdivision that it owns, namely the proposed abandonment and inspection and copying at the above line extending from milepost 669.0 near discontinuance or protests (including address between 10 a.m. and 5 p.m., Vaughn to milepost 763.13 near Cordes, the protestant’s entire opposition case), E.T., Monday through Friday, except a distance of 94.13 miles in Coos, by August 28, 2008. All interested federal holidays. An electronic version Douglas, and Lane Counties, OR. The persons should be aware that following of this document and all documents line includes the stations of Richardson any abandonment of rail service and entered into this docket is available on (milepost 685.0), Swisshome (milepost salvage of the line, the line may be the World Wide Web at http:// 697.1), Suislaw (milepost 697.8); Tide suitable for other public use, including www.regulations.gov. (milepost 699.2), Mapleton (milepost interim trail use. Any request for a 705.3), Beck (milepost 709.0), Wendson public use condition under 49 U.S.C. FOR FURTHER INFORMATION CONTACT: 10905 (49 CFR 1152.28) and any request Joann Spittle, U.S. Department of (milepost 715.0), Cushman (milepost 716.0), Canary (milepost 721.3), Kroll for a trail use condition under 16 U.S.C. Transportation, Maritime 1247(d) (49 CFR 1152.29) must be filed Administration, 1200 New Jersey (milepost 732.8), Gardiner Junction (milepost 738.8), Reedsport (milepost by August 28, 2008. Each trail use Avenue, SE., Room W21–203, request must be accompanied by a $200 Washington, DC 20590. Telephone 202– 740.4), Lakeside (milepost 752.1), Hauser (milepost 759.3), and Cordes filing fee. See 49 CFR 1002.2(f)(27). 366–5979. Applicant’s reply to any opposition SUPPLEMENTARY INFORMATION: As 1 The Coos Bay Subdivision also consists of statements and its response to trail use described by the applicant the intended CORP’s line between Vaughn and Eugene, OR. service of the vessel TRINITY is: CORP does not propose to abandon this additional 2 CORP leases the Coquille Branch from the segment. A feeder line application to purchase the Union Pacific Railroad Company and leases the Intended Use: ‘‘Sailing vessel Coos Bay Subdivision has been filed in STB LPN Branch from Longview, Portland & Northern instruction.’’ Finance Docket No. 35160. Railway Company.

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requests must be filed by September 12, minimum purchase price required to under 49 CFR 1150.31 to acquire from 2008. See 49 CFR 1152.26(a). A final keep the line in operation. CORP’s Sierra Northern Railway (SNR) and decision will be issued by October 31, representative to whom inquiries may Sierra Railroad Company (SRC) and to 2008. be made concerning sale or subsidy operate, pursuant to a Letter of Intent Persons opposing the proposed terms is set forth above. dated March 20, 2008,1 approximately abandonment and/or discontinuance Persons seeking further information 80.30 miles of track as follows: (1) SRC’s who wish to participate actively and concerning abandonment procedures rail line between Oakdale, CA, milepost fully in the process should file a protest. may contact the Board’s Office of Public 0.0, and Sonora, CA, milepost 49.0; (2) Persons who may oppose the Assistance, Governmental Affairs, and SNR’s Woodland Branch, between abandonment and/or discontinuance Compliance at (866) 254–1792 or refer milepost 1.75 and milepost 16.5, with but who do not wish to participate fully to the full abandonment or the right of access through the Union in the process or by submitting verified discontinuance regulations at 49 CFR Pacific Railroad Company’s (UP) statements of witnesses containing part 1152. Questions concerning Westgate Yard; (3) SNR’s industrial detailed evidence should file comments. environmental issues may be directed to switching operation over approximately Persons seeking information concerning the Board’s Section of Environmental 4.50 miles at the Riverbank Arsenal over the filing of protests should refer to 49 Analysis (SEA) at (202) 245–0305. property leased from the U.S. CFR 1152.25. Persons interested only in [Assistance for the hearing impaired is Government through its agent NI seeking public use or trail use available through the Federal Industries, Inc.; and (4) SNR’s operation conditions should also file comments. Information Relay Service (FIRS) at 1– at the Port of Sacramento over track that In addition, a commenting party or 800–877–9339.] is leased from the Port of Sacramento, protestant may provide: (i) An offer of An environmental assessment (EA) (or with the right of access through UP’s financial assistance (OFA) for continued environmental impact statement (EIS), if Westgate Yard.2 All of the lines are rail service, pursuant to 49 U.S.C. 10904 necessary) prepared by SEA will be currently operated by SNR. (due 120 days after the application is served upon all parties of record and This transaction is related to the filed or 10 days after the application is upon any agencies or other persons who concurrently filed verified notice of granted by the Board, whichever occurs commented during its preparation. Any exemption in STB Finance Docket No. sooner); (ii) recommended provisions other persons who would like to obtain 35166, Patriot Rail, LLC, Patriot Rail for protection of the interests of a copy of the EA (or EIS) may contact Holdings LLC, and Patriot Rail Corp.— employees; (iii) a request for a public SEA. EAs in this type of abandonment Continuance in Control Exemption— use condition under 49 U.S.C. 10905; proceeding normally will be made Sierra & Central Pacific Railroad and (iv) a statement pertaining to available within 33 days of the filing of Company, Inc. In that proceeding, prospective use of the right-of-way for the application. The deadline for Patriot Rail, LLC and its subsidiaries, interim trail use and rail banking under submission of comments on the EA will Patriot Rail Holdings LLC and Patriot 16 U.S.C. 1247(d) and 49 CFR 1152.29. generally be within 30 days of its Rail Corp., jointly have filed a verified Written comments and protests, notice of exemption to continue in including all requests for public use and service. The comments received will be control of SCPRR, upon its becoming a trail use conditions, must indicate the addressed in the Board’s decision. A supplemental EA or EIS may be issued rail carrier. proceeding designation STB Docket No. The transaction is scheduled to be AB–515 (Sub-No. 2) and must be sent to: where appropriate. consummated on or after August 15, (1) Surface Transportation Board, 395 E By decisions served in this 2008 (30 days after the notice of Street, SW., Washington, DC 20423– proceeding on July 29, 2008, and on August 1, 2008, the Board is also exemption was filed). 0001, and (2) Terence M. Hynes, Sidley SCPRR certifies that its projected Austin LLP, 1501 K Street, NW., providing for a public hearing to be held in this proceeding. annual revenues as a result of this Washington, DC 20005. The original and transaction will not exceed those that 10 copies of all comments or protests Board decisions and notices are would qualify it as a Class III rail carrier shall be filed with the Board with a available on our Web site at http:// and will not exceed $5 million. certificate of service. Except as www.stb.dot.gov. According to SCPRR, the proposed otherwise set forth in 49 CFR part 1152, Decided: July 29, 2008. acquisition and operation does not every document filed with the Board By the Board, David M. Konschnik, involve a provision or agreement that must be served on all parties to the Director of Proceedings. may limit future interchange with a abandonment and discontinuance Anne K. Quinlan, third-party connecting carrier. proceeding. 49 CFR 1104.12(a). Acting Secretary. Pursuant to the Consolidated The line sought to be abandoned and [FR Doc. E8–17694 Filed 7–31–08; 8:45 am] Appropriations Act, 2008, Public Law discontinued will be available for BILLING CODE 4915–01–P 110–161, section 193, 121 Stat. 1844 subsidy or sale for continued rail use, if (2007), nothing in this decision the Board decides to permit the authorizes the following activities at any abandonment and/or discontinuance, in DEPARTMENT OF TRANSPORTATION solid waste rail transfer facility: accordance with applicable laws and Collecting, storing or transferring solid regulations (49 U.S.C. 10904 and 49 CFR Surface Transportation Board waste outside of its original shipping 1152.27). Each OFA must be [STB Finance Docket No. 35165] container; or separating or processing accompanied by a $1,500 filing fee. See 49 CFR 1002.2(f)(25). No subsidy Sierra & Central Pacific Railroad 1 A redacted version of the Letter of Intent was arrangement approved under 49 U.S.C. Company, Inc.—Acquisition and included with the notice. The full version of the 10904 shall remain in effect for more Operation Exemption—Sierra Northern Letter of Intent was concurrently filed under seal than 1 year unless otherwise mutually Railway and Sierra Railroad Company along with a motion for protective order. The agreed by the parties (49 U.S.C. motion for protective order is being addressed in a separate decision. 10904(f)(4)(B)). Applicant will promptly Sierra & Central Pacific Railroad 2 The 80.38 miles of track that SCPRR is acquiring provide upon request to each interested Company, Inc. (SCPRR), a noncarrier, include spur, side, and yard trackage in addition to party an estimate of the subsidy and has filed a verified notice of exemption the main lines being acquired.

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solid waste (including baling, crushing, miles of track in the State of California, Board decisions and notices are compacting and shredding). The term currently operated by SNR. available on our Web site at http:// ‘‘solid waste’’ is defined in section 1004 The transaction is scheduled to be www.stb.dot.gov. of the Solid Waste Disposal Act, 42 consummated on or after August 15, Decided: July 25, 2008. U.S.C. 6903. 2008 (30 days after the notice of By the Board, David M. Konschnik, If the verified notice contains false or exemption was filed). Director, Office of Proceedings. misleading information, the exemption PRL is a noncarrier limited liability Anne K. Quinlan, is void ab initio. Petitions to revoke the company that owns 51% of the equity Acting Secretary. exemption under 49 U.S.C. 10502(d) interest in PRH, which, in turn, owns [FR Doc. E8–17655 Filed 7–31–08; 8:45 am] may be filed at any time. The filing of 100% of the stock of PRC. PRC is a BILLING CODE 4915–01–P a petition to revoke will not noncarrier holding company that automatically stay the effectiveness of controls the following Class III rail the exemption. Petitions to stay must be carries: Tennessee Southern Railroad DEPARTMENT OF TRANSPORTATION filed no later than August 8, 2008 (at Company, Rarus Railway Company, least 7 days before the exemption Utah Central Railway Company, Surface Transportation Board becomes effective). Sacramento Valley Railroad, Inc., and [STB Finance Docket No. 35169] An original and 10 copies of all The Louisiana and North West Railroad pleadings, referring to STB Finance Company LLC. Pursuant to the Watco Companies, Inc.—Continuance Docket No. 35165, must be filed with transaction, PRC will acquire direct in Control Exemption—Baton Rouge the Surface Transportation Board, 395 E control of SCPRR. PRL and PRH, Southern Railroad, LLC Street, SW., Washington, DC 20423– through their control of PRC, will 0001. In addition, a copy of each acquire indirect control of SCPRR. Watco Companies, Inc. (Watco), a pleading must be served on Louis F. Patriot states that: (1) The rail lines to noncarrier, has filed a verified notice of Gitomer, Esq., 600 Baltimore Avenue, be acquired and operated by SCPRR do exemption to continue in control of Suite 301, Towson, MD 21204. not connect with it or any other railroad Baton Rouge Southern Railroad, LLC Board decisions and notices are in the Patriot corporate family; (2) the (BRSR), upon BRSR’s becoming a Class available on our Web site at http:// continuance in control is not part of a III rail carrier.1 www.stb.dot.gov. series of anticipated transactions that This transaction is related to a concurrently filed verified notice of Decided: July 25, 2008. would connect the railroads with each other or any other railroad in the Patriot exemption in STB Finance Docket No. By the Board, David M. Konschnik, 35159, Baton Rouge Southern Railroad, Director, Office of Proceedings. corporate family; and (3) the transaction does not involve a Class I rail carrier. LLC—Lease and Operation Exemption— Anne K. Quinlan, The Kansas City Southern Railway Acting Secretary. Therefore, the transaction is exempt from the prior approval requirements of Company. In that proceeding, BRSR [FR Doc. E8–17657 Filed 7–31–08; 8:45 am] 49 U.S.C. 11323. See 49 CFR seeks an exemption under 49 CFR BILLING CODE 4915–01–P 1180.2(d)(2). 1150.31 to lease and to operate Under 49 U.S.C. 10502(g), the Board approximately 8.2 miles of rail line owned by The Kansas City Southern DEPARTMENT OF TRANSPORTATION may not use its exemption authority to relieve a rail carrier of its statutory Railway Company between specified obligation to protect the interests of its points in Louisiana. Surface Transportation Board The parties intend to consummate the employees. Section 11326(c), however, transaction on or shortly after August [STB Finance Docket No. 35166] does not provide for labor protection for 19, 2008, and hence after the August 17, transactions under sections 11324 and Patriot Rail, LLC, Patriot Rail Holdings 2008 effective date of the exemption. LLC, and Patriot Rail Corp.— 11325 that involve only Class III rail Watco currently controls 17 Class III Continuance in Control Exemption— carriers. Accordingly, the Board may not rail carriers: South Kansas and Sierra & Central Pacific Railroad impose labor protective conditions here, Oklahoma Railroad Company, Palouse Company, Inc. because all the carriers involved are River & Coulee City Railroad, Inc., Class III rail carriers. Timber Rock Railroad, Inc., Stillwater Patriot Rail, LLC (PRL), and its If the notice contains false or Central Railroad, Inc., Eastern Idaho subsidiaries, Patriot Rail Holdings LLC misleading information, the exemption Railroad, Inc., Kansas & Oklahoma (PRH) and Patriot Rail Corp. (PRC) is void ab initio. Petitions to revoke the Railroad, Inc., Pennsylvania (collectively, Patriot), all noncarriers, exemption under 49 U.S.C. 10502(d) Southwestern Railroad, Inc., Great jointly have filed a verified notice of may be filed at any time. The filing of Northwest Railroad, Inc., Kaw River exemption to continue in control of a petition to revoke will not Railroad, Inc., Mission Mountain Sierra & Central Pacific Railroad automatically stay the effectiveness of Railroad, Inc., Mississippi Southern Company, Inc. (SCPRR), upon SCPRR’s the exemption. Petitions for stay must Railroad, Inc., Yellowstone Valley becoming a Class III rail carrier. be filed no later than August 8, 2008 (at Railroad, Inc., Louisiana Southern This transaction is related to a least 7 days before the exemption Railroad, Inc., Arkansas Southern concurrently filed verified notice of becomes effective). Railroad, Inc., Alabama Southern exemption in STB Finance Docket No. An original and 10 copies of all Railroad, Inc., Vicksburg Southern 35165, Sierra & Central Pacific Railroad pleadings, referring to STB Finance Railroad, Inc, and Austin Western Company, Inc.—Acquisition and Docket No. 35166, must be filed with Railroad, Inc. Operation Exemption—Sierra Northern the Surface Transportation Board, 395 E Watco represents that: (1) The rail Railway and Sierra Railroad Company. Street, SW., Washington, DC 20423– lines to be operated by BRSR do not In that proceeding, SCPRR seeks to 0001. In addition, one copy of each connect with any other railroads in the acquire from Sierra Northern Railway pleading must be served on Louis F. (SNR) and Sierra Railroad Company, Gitomer, Esq., 600 Baltimore Avenue, 1 Watco owns 100% of the issued and outstanding Inc., and to operate approximately 80.30 Suite 301, Towson, MD 21204. stock of BRSR.

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Watco corporate family; (2) the 1150.31 to acquire, by lease, and to be filed no later than August 12, 2008 continuance in control is not part of a operate approximately 8.2 miles of rail (at least 7 days before the exemption series of anticipated transactions that line of The Kansas City Southern becomes effective). would connect these rail lines with any Railway Company (KCS) in Louisiana.1 An original and 10 copies of all other railroad in the Watco corporate The lines to be leased and operated are: pleadings, referring to STB Finance family; and (3) the transaction does not (1) KCS’s UTL Lead located between the Docket No. 35159, must be filed with involve a Class I rail carrier. Therefore, end of the turnout of switch near the Surface Transportation Board, 395 E the transaction is exempt from the prior milepost 216.0 ‘‘D-Line’’ of the New Street, SW., Washington, DC 20423– approval requirements of 49 U.S.C. Orleans Subdivision and extending west 0001. In addition, a copy of each 11323. See 49 CFR 1180.2(d)(2). approximately 2 miles to the end of the pleading must be served on Karl Morell, Under 49 U.S.C. 10502(g), the Board UTL Lead; and (2) the tracks in KCS’s Of Counsel, Ball Janik LLP, Suite 225, may not use its exemption authority to New Yard and Dome Yard, 1455 F Street, NW., Washington, DC relieve a rail carrier of its statutory approximately 6.2 miles. 20005. obligation to protect the interests of its According to BRSR, the lease Board decisions and notices are employees. Section 11326(c), however, agreement will contain a provision that available on our Web site at http:// does not provide for labor protection for prohibits BRSR from interchanging www.stb.dot.gov. traffic with a third party at Baton Rouge, transactions under sections 11324 and Decided: July 25, 2008. 11325 that involve only Class III rail LA. This transaction is related to a By the Board, David M. Konschnik, carriers. Accordingly, the Board may not Director, Office of Proceedings. impose labor protective conditions here, concurrently filed verified notice of exemption in STB Finance Docket No. Anne K. Quinlan, because all of the carriers involved are Acting Secretary. Class III carriers. 35169, Watco Companies, Inc.— [FR Doc. E8–17446 Filed 7–29–08; 8:45 am] If the verified notice contains false or Continuance in Control Exemption— misleading information, the exemption Baton Rouge Southern Railroad, LLC. In BILLING CODE 4915–01–P is void ab initio. Petitions to revoke the that proceeding, Watco Companies, Inc., exemption under 49 U.S.C. 10502(d) has filed a verified notice of exemption may be filed at any time. The filing of to continue in control of BRSR upon DEPARTMENT OF THE TREASURY a petition to revoke will not BRSR’s becoming a Class III rail carrier. BRSR certifies that its projected Office of Foreign Assets Control automatically stay the effectiveness of annual revenues as a result of the the exemption. Stay petitions must be transaction will not result in BRSR Additional Designations Pursuant to filed no later than August 8, 2008 (at becoming a Class II or Class I rail New Zimbabwe Executive Order least 7 days before the exemption carrier. However, because its projected Signed by President Bush on July 25, becomes effective). annual revenues will exceed $5 million, 2008 ‘‘Blocking Property of Additional An original and 10 copies of all BRSR also certifies that it has complied Persons Undermining Democratic pleadings, referring to STB Finance with the notice requirements of 49 CFR Processes or Institutions in Docket No. 35169, must be filed with 1150.32(e). Zimbabwe’’ (the ‘‘Order’’) the Surface Transportation Board, 395 E The transaction is expected to be AGENCY: Office of Foreign Assets Street, SW., Washington, DC 20423– consummated on or shortly after August Control, Treasury. 0001. In addition, one copy of each 19, 2008, 60 days after BRSR’s pleading must be served on Karl Morell, certification of the notice requirements ACTION: Notice. Of Counsel, Ball Janik, LLP, Suite 225, of section 1150.32(e). 1455 F Street, NW., Washington, DC SUMMARY: The Treasury Department’s Pursuant to the Consolidated Office of Foreign Assets Control 20005. Appropriations Act, 2008, Public Law (‘‘OFAC’’) is publishing the names of Board decisions and notices are 110–161, section 193, 121 Stat. 1844 seventeen newly-designated entities and available on our Web site at http:// (2007), nothing in this decision one individual whose property and www.stb.dot.gov. authorizes the following activities at any interests in property are blocked solid waste rail transfer facility: Decided: July 25, 2008. pursuant to the Order. By the Board, David M. Konschnik, collecting, storing or transferring solid DATES: The designation by the Director Director, Office of Proceedings. waste outside of its original shipping container; or separating or processing of OFAC of the seventeen entities and Anne K. Quinlan, one individual identified in this notice, Acting Secretary. solid waste (including baling, crushing, compacting and shredding). The term pursuant to the Order is effective July [FR Doc. E8–17450 Filed 7–31–08; 8:45 am] ‘‘solid waste’’ is defined in section 1004 25, 2008. BILLING CODE 4915–01–P of the Solid Waste Disposal Act, 42 FOR FURTHER INFORMATION CONTACT: U.S.C. 6903. Assistant Director, Compliance Outreach & Implementation, Office of DEPARTMENT OF TRANSPORTATION If the verified notice contains false or misleading information, the exemption Foreign Assets Control, Department of Surface Transportation Board is void ab initio. Petitions to revoke the the Treasury, 1500 Pennsylvania exemption under 49 U.S.C. 10502(d) Avenue, NW. (Treasury Annex), [STB Finance Docket No. 35159] may be filed at any time. The filing of Washington, DC 20220, Tel.: 202/622– a petition to revoke will not 2490. Baton Rouge Southern Railroad, LLC— automatically stay the effectiveness of Lease and Operation Exemption—The SUPPLEMENTARY INFORMATION: the exemption. Petitions for stay must Kansas City Southern Railway Electronic and Facsimile Availability Company 1 BRSR states that it has been negotiating an Information about this designation agreement with KCS for several months and that all Baton Rouge Southern Railroad, LLC essential terms have been agreed to between the and additional information concerning (BRSR), a noncarrier, has filed a verified parties. The agreement is expected to be finalized OFAC are available from OFAC’s Web notice of exemption under 49 CFR soon. site (http://www.treas.gov/ofac) or via

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facsimile through a 24-hour fax-on- Wayhill Lane, Umwisdale, Harare, Zimbabwe; P.O. Box 3198, Harare, demand service, Tel.: 202/622–0077. Zimbabwe [ZIMBABWE] Zimbabwe; Phone No. 263–4–751168; 5. INDUSTRIAL DEVELOPMENT Fax No. 263–4–757497 [ZIMBABWE] Background CORPORATION OF ZIMBABWE LTD 13. ZB FINANCIAL HOLDINGS On July 25, 2008, the President issued (a.k.a. INDUSTRIAL DEVELOPMENT LIMITED (a.k.a. FINHOLD; a.k.a. a new Executive Order with respect to CORPORATION OF ZIMBABWE), WWW.ZB.CO.ZW; a.k.a. ZIMBABWE Zimbabwe pursuant to, inter alia, the P.O. Box CY1431, Causeway, Harare, FINANCIAL HOLDINGS LIMITED), International Emergency Economic Zimbabwe; 93 Park Lane, Harare, 10th Floor ZB House, 46 Speke Powers Act (50 U.S.C. 1701–06). In the Zimbabwe; Phone 263–4–794805; Fax Avenue, P.O. Box 3198, Harare, Order, the President took additional No. 263–4–250385 [ZIMBABWE] Zimbabwe; National ID No. 1278/89 steps with respect to the national 6. INFRASTRUCTURE DEVELOPMENT (Zimbabwe); Phone No. 263–4– emergency declared in Executive Order BANK OF ZIMBABWE (a.k.a. 751168; Fax No. 263–4–251029 13288 of March 7, 2003, and relied upon ZIMBABWE DEVELOPMENT BANK), [ZIMBABWE] for additional steps taken in Executive P.O. Box 1720, Harare, Zimbabwe; 14. ZB HOLDINGS LIMITED, 10th Floor Order 13391 of November 22, 2005, in ZDB House, 99 Rotten Row, Harare, ZB House, 46 Speke Avenue, P.O. Box order to address the continued political Mashonaland East, Zimbabwe; Phone 3198, Harare, Zimbabwe; Phone No. repression and the undermining of No. 263–4–7501718; Fax No. 263–4– 263–4–751168; Fax No. 263–4– democratic processes and institutions in 7744225 [ZIMBABWE] 251029 [ZIMBABWE] Zimbabwe. 7. INTERMARKET HOLDINGS Section 1 of the Order blocks, with LIMITED, 10th Floor ZB House, 46 15. ZIMBABWE IRON AND STEEL certain exceptions, all property, and Speke Avenue, P.O. Box 3198, Harare, COMPANY (a.k.a. ZISCO; a.k.a. interests in property, that are in, or Zimbabwe; Phone No. 263–4–751168; ZISCOSTEEL), Private Bag 2, Redcliff hereafter come within, the United States Fax No. 263–4–251029 [ZIMBABWE] Zimbabwe, Zimbabwe; Phone No. or the possession or control of United 8. MINERALS MARKETING 263–55–62401; Fax No. 263–55– States persons for persons determined CORPORATION OF ZIMBABWE 68666 [ZIMBABWE] by the Secretary of the Treasury, in (a.k.a. MMCZ), 90 Mutare Road, 16. ZIMBABWE MINING consultation with the Secretary of State, Harare, Zimbabwe; P.O. Box 2628, DEVELOPMENT CORPORATION to satisfy any of the criteria set forth in Harare, Zimbabwe; Phone No. 263–4– (a.k.a. ZIMBABWE MINING subparagraphs (a)(i) through (a)(vii) of 486946; Fax No. 263–4–487261 DEVELOPMENT CORP.; a.k.a. Section 1. On July 25, 2008, the Director [ZIMBABWE] ZMDC), MMCZ Building, 90 Mutare of OFAC designated, pursuant to one or 9. ORYX NATURAL RESOURCES (a.k.a. Rd., Harare, Zimbabwe; P.O. Box more of the criteria set forth in ORYX DIAMONDS; a.k.a. ORYX 4101, Harare, Zimbabwe; Phone No. subparagraphs (a)(i) through (a)(vii) of DIAMONDS (PTY) LTD; a.k.a. ORYX 263–4–487014; Fax No. 263–4– Section 1 of the Order, the following DIAMONDS LTD.; a.k.a. ORYX 487022 [ZIMBABWE] seventeen entities and one individual, ZIMCON (PVT) LIMITED), Bank of whose names have been added to the 17. ZIMRE HOLDINGS LIMITED (a.k.a. Nova Scotia Bldg., Fourth Floor, WWW.ZHL.CO.ZW; a.k.a. ZIMRE), list of Specially Designated Nationals George Town, Grand Cayman, and whose property and interests in 9th Floor, Zimre Centre, Cnr. Leopold Cayman Islands; 3, Victor Darcy property are blocked, pursuant to the Takawira/Kwame Nkrumah Avenue, Close, Borrowdale, Harare, Zimbabwe; Order: P.O. Box 4839, Harare, Zimbabwe; S Drive, George Town, Grand Phone No. 263–4–772963; Fax No. Entities Cayman, Cayman Islands; Parc Nicol 263–4–772972 [ZIMBABWE] Offices, Bldg. 6, 301, William Nicol 1. AGRICULTURAL DEVELOPMENT Individual BANK OF ZIMBABWE (a.k.a. Drive, Bryanston, Gauteng 2021, AGRIBANK; a.k.a. AGRICULTURAL South Africa; Alexander Forbes 1. AL-SHANFARI, Thamer Bin Said BANK OF ZIMBABWE), Box 369, Building, Windhoek, Namibia; Ahmed (a.k.a. AL SHANFARI, Harare, Zimbabwe; 15th Floor, Bermuda [ZIMBABWE] SHEIKH THAMER; a.k.a. AL Hurudza House, 14–16 Nelson 10. OSLEG (a.k.a. OPERATION SHANFARI, Thamer; a.k.a. AL Mandela Avenue, Harare, Zimbabwe; SOVEREIGN LEGITIMACY; a.k.a. SHANFARI, Thamer Said Ahmed; Phone No. 263–4–774426; Fax No. OSLEG (PVT.) LTD.; a.k.a. OSLEG a.k.a. AL-SHANFARI, Thamer Bin 263–4–774556 [ZIMBABWE] ENTERPRISES; a.k.a. OSLEG MINES; Saeed; a.k.a. AL-SHANFARI, Thamer 2. COMOIL (PVT) LTD, 2nd Floor, a.k.a. OSLEG MINING AND Said Ahmed; a.k.a. SHANFARI, Travel Plaza, 29 Mazoe St., Box EXPLORATION; a.k.a. OSLEG Thamer), P.O. Box 18, Ruwi 112, CY2234, Causeway, Harare, VENTURES), Lonhoro House, Union Oman; DOB 3 Jan 1968; citizen Oman; Zimbabwe; Block D, Emerald Hill Avenue, Harare, Zimbabwe nationality Oman; Passport 00000999 Office P, Emerald Park, Harare, [ZIMBABWE] (Oman); alt. Passport 3253 (Oman); Zimbabwe [ZIMBABWE] 11. SCOTFIN LIMITED, 10th Floor ZB Chairman & Managing Director, Oryx 3. DIVINE HOMES (PVT) LTD (a.k.a. House, 46 Speke Avenue, P.O. Box Group and Oryx Natural Resources DIVINE HOMES), 12 Meredith Drive, 3198, Harare, Zimbabwe; Phone No. (individual) [ZIMBABWE] Eastlea, Harare, Zimbabwe; 31 263–4–751168; Fax No. 263–4– Kensington, Highlands, Harare, 251029 [ZIMBABWE] Dated: July 25, 2008. Zimbabwe; Shop # 6, Hillside 12. ZB BANK LIMITED (a.k.a. ZB Virginia R. Canter, Shopping Center, Harare, Zimbabwe BANK; a.k.a. ZBCL; a.k.a. ZIMBABWE Acting Director, Office of Foreign Assets [ZIMBABWE] BANKING CORPORATION LIMITED; Control. 4. FAMBA SAFARIS, P.O. Box CH273, a.k.a. ZIMBANK), Zimbank House, [FR Doc. E8–17647 Filed 7–31–08; 8:45 am] Chisipite, Harare, Zimbabwe; 4 Cnr. 1st Street/Speke Avenue, Harare, BILLING CODE 4811–42–P

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Corrections Federal Register Vol. 73, No. 149

Friday, August 1, 2008

This section of the FEDERAL REGISTER FEDERAL COMMUNICATIONS DEPARTMENT OF HOMELAND contains editorial corrections of previously COMMISSION SECURITY published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are Transportation Security Administration prepared by the Office of the Federal [Report No. 2870] Register. Agency prepared corrections are Intent to Request Approval From OMB issued as signed documents and appear in Petitions for Reconsideration of Action in Rulemaking Proceeding of One New Public Collection of the appropriate document categories Information: On–Boarding Information elsewhere in the issue. Correction for New Hire Candidates In notice document E8–17276 Correction beginning on page 43753 in the issue of In notice document E8–16543 Monday, July 28, 2008, make the beginning on page 41367 in the issue of following correction: Friday, July 18, 2008, make the On page 43753, in the third column, following correction: in the first paragraph, in the thirteenth On page 41368, in the second column, line, ‘‘September 11, 2008’’ should read in the signature block, ‘‘June 14, 2008’’ ‘‘August 12, 2008’’. should read ‘‘July 14, 2008’’. [FR Doc. Z8–17276 Filed 7–31–08; 8:45 am] [FR Doc. Z8–16543 Filed 7–31–08; 8:45 am] BILLING CODE 1505–01–D BILLING CODE 1505–01–D

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Part II

Department of Agriculture Agricultural Marketing Service

7 CFR Part 65 Mandatory Country of Origin Labeling of Beef, Pork, Lamb, Chicken, Goat Meat, Perishable Agricultural Commodities, Peanuts, Pecans, Ginseng, and Macadamia Nuts; Interim Final Rule

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DEPARTMENT OF AGRICULTURE provisions in this interim final rule do November 27, 2006, Federal Register not affect the regulatory requirements (71 FR 68431); the reopening of the Agricultural Marketing Service for fish and shellfish that were comment period for all aspects of the published in the October 5, 2004, interim final rule that was published in 7 CFR Part 65 Federal Register. the June 20, 2007, Federal Register (72 [Docket No. AMS–LS–07–0081] DATES: This interim final rule is FR 33851); and the reopening of the effective September 30, 2008. Comments comment period for the proposed rule RIN 0581–AC26 must be submitted on or before for all covered commodities that was September 30, 2008 to be assured of published in the June 20, 2007, Federal Mandatory Country of Origin Labeling consideration. The requirements of this Register (72 FR 33917). The last section of Beef, Pork, Lamb, Chicken, Goat rule do not apply to covered provides for the required impact Meat, Perishable Agricultural commodities produced or packaged analyses including the Regulatory Commodities, Peanuts, Pecans, before September 30, 2008. Flexibility Act, the Paperwork Ginseng, and Macadamia Nuts ADDRESSES: Comments should be Reduction Act, Civil Rights Analysis, and the relevant Executive Orders. AGENCY: Agricultural Marketing Service, submitted through the Internet at http:// USDA. www.regulations.gov. Send written I. Background comments to: Country of Origin ACTION: Interim final rule with request Questions and Answers Concerning This for comments. Labeling Program, Room 2607–S; Agricultural Marketing Service (AMS), Interim Final Rule SUMMARY: The Farm Security and Rural USDA; STOP 0254; 1400 Independence What are the general requirements of Investment Act of 2002 (2002 Farm Avenue, SW., Washington, DC 20250– Country of Origin Labeling? Bill), the 2002 Supplemental 0254, or by facsimile to 202/354–4693. All comments received will be posted The 2002 and 2008 Farm Bills Appropriations Act (2002 amended the Act to require retailers to Appropriations), and the Food, on the Web site at: http:// www.regulations.gov. Comments sent to notify their customers of the country of Conservation and Energy Act of 2008 origin of beef (including veal), lamb, (2008 Farm Bill) amended the the above location that specifically pertain to the information collection pork, chicken, goat, wild and farm- Agricultural Marketing Act of 1946 (Act) raised fish and shellfish, perishable to require retailers to notify their and recordkeeping requirements of this action should also be sent to the Desk agricultural commodities, peanuts, customers of the country of origin of pecans, ginseng, and macadamia nuts. covered commodities. Covered Officer for Agriculture, Office of Information and Regulatory Affairs, The implementation of mandatory commodities include muscle cuts of COOL for all covered commodities Office of Management and Budget beef (including veal), lamb, chicken, except wild and farm-raised fish and (OMB), New Executive Office Building, goat, and pork; ground beef, ground shellfish was delayed until September 725 17th Street, NW., Room 725, lamb, ground chicken, ground goat, and 30, 2008. The law defines the terms Washington, DC 20503. ground pork; wild and farm-raised fish ‘‘retailer’’ and ‘‘perishable agricultural and shellfish; perishable agricultural FOR FURTHER INFORMATION CONTACT: Erin commodity’’ as having the meanings commodities; macadamia nuts; pecans; Morris, Associate Deputy Administrator, given those terms in section 1(b) of the ginseng; and peanuts. The Poultry Programs, AMS, USDA, by Perishable Agricultural Commodities implementation of mandatory country telephone on 202/720–5131, or via e- Act of 1930 (PACA) (7 U.S.C. 499 et of origin labeling (COOL) for all covered mail at: [email protected]. seq.). Under PACA, a retailer is any commodities, except wild and farm- SUPPLEMENTARY INFORMATION: The person engaged in the business of raised fish and shellfish, was delayed information that follows has been selling any perishable agricultural until September 30, 2008. divided into three sections. The first commodity at retail. Retailers are The 2008 Farm Bill contains a number section provides background required to be licensed when the of provisions that amended the COOL information including questions and invoice cost of all purchases of provisions in the Act. These changes answers about this interim final rule, a perishable agricultural commodities include the addition of chicken, goat, summary of the history of this exceeds $230,000 during a calendar macadamia nuts, pecans, and ginseng as rulemaking, and a general overview of year. The term perishable agricultural covered commodities, the addition of the law, including the changes commodity means fresh and frozen provisions for labeling products of contained in the 2008 Farm Bill. The fruits and vegetables. multiple origin, as well as a number of second section provides a discussion of Food service establishments are other changes that are discussed more the rule’s requirements, including a specifically exempted as are covered fully in the Supplementary Information summary of changes from the October commodities that are ingredients in a portion of this rule. However, the 30, 2003, proposed rule as well as a processed food item. In addition, the implementation date of September 30, summary of the comments received in law specifically outlines the criteria a 2008, was not changed by the 2008 response to the relevant prior requests covered commodity must meet to bear a Farm Bill. Therefore, in order to meet for comments associated with this ‘‘United States country of origin’’ the September 30, 2008, implementation rulemaking and the Agency’s responses designation. date and to provide the newly affected to these comments. The prior requests industries the opportunity to provide for comments include: The proposed How do I find out if my product is comments prior to issuing a final rule, rule published in the October 30, 2003, considered a covered commodity or if it the Department is issuing this interim Federal Register (68 FR 61944); the is labeled accurately under the COOL final rule. This interim final rule interim final rule for fish and shellfish law? contains definitions, the requirements published in the October 5, 2004, This regulation contains the for consumer notification and product Federal Register (69 FR 59708); the requirements for labeling covered marking, and the recordkeeping reopening of the comment period (for commodities and for determining responsibilities of both retailers and costs and benefits) for the interim final whether a product is subject to this rule. suppliers for covered commodities. The rule that was published in the However, additional questions regarding

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whether a product is considered a United States on or before July 15, 2008, information to the retailer indicating the covered commodity or is labeled and once present in the United States, country of origin of the covered accurately under this regulation may be remained continuously in the United commodity.’’ And, the law does not e-mailed to [email protected]. States. provide authority to control the movement of product. In fact, the use of Given that the law exempts covered How should I label a retail product that commodities from mandatory COOL if contains a single type of covered a mandatory identification system that they are an ingredient in a processed commodity (such as a bag of frozen would be required to track controlled food item, what is the definition of a strawberries) prepared from raw product through the entire chain of processed food item and what types of material sources having different commerce is specifically prohibited. products are considered processed food origins? When will the requirements of this items? In this interim final rule, a single type regulation take effect? A processed food item is a retail item of covered commodity (e.g., frozen The effective date of this regulation is derived from a covered commodity that peas), presented for retail sale in a September 30, 2008, because the statute has undergone specific processing consumer package, that has been provides for a September 30, 2008, resulting in a change in the character of prepared from raw material sources implementation date. However, because the covered commodity, or that has been having different origins is referred to as some of the affected industries (goat, combined with at least one other a commingled covered commodity. chicken, pecans, ginseng, and covered commodity or other substantive Further, a commingled covered macadamia nuts) did not have prior food component (e.g., chocolate, commodity does not include ground opportunities to comment on this breading, tomato sauce), except that the meat products. If the retail product rulemaking and because the 2008 Farm addition of a component (such as water, contains two different types of covered Bill made changes to several of the salt, or sugar) that enhances or commodities (e.g., peas and carrots), it labeling provisions for meat covered represents a further step in the is considered a processed food item and commodities, it is reasonable to allow preparation of the product for is not subject to mandatory COOL. time for covered commodities that are consumption, would not in itself result In the case of perishable agricultural already in the chain of commerce and in a processed food item. Specific commodities, peanuts, pecans, ginseng, for which no origin information is processing that results in a change in and macadamia nuts, for imported known or been provided to clear the the character of the covered commodity covered commodities that have not system. Therefore, the requirements of includes cooking (e.g., frying, broiling, subsequently been substantially this rule do not apply to covered grilling, boiling, steaming, baking, transformed in the United States that are commodities produced or packaged roasting), curing (e.g., salt curing, sugar commingled with imported and/or before September 30, 2008. In addition, curing, drying), smoking (hot or cold), United States origin commodities, the during the six month period following and restructuring (e.g., emulsifying and declaration shall indicate the countries the effective date of the regulation, AMS extruding). Examples of items excluded of origin for all covered commodities in will conduct an industry education and include: Meatloaf, meatballs, fabricated accordance with Customs and Border outreach program concerning the steak, breaded veal cutlets, corned beef, Protection (CBP) marking regulations provisions and requirements of this sausage, breaded chicken tenders, and (19 CFR part 134). teriyaki flavored pork loin; a salad mix rule. AMS has determined that this that contains lettuce and a dressing What are the requirements for labeling allocation of enforcement resources will packet, a salad mix that contains lettuce ground meat products, which often ensure that the rule is effectively and and carrots, a fruit cup that contains contain raw material sources from rationally implemented. This AMS plan melons, bananas, and strawberries; a bag multiple countries? of outreach and education should of mixed vegetables that contains peas The 2008 Farm Bill specifies that the significantly aid the industry in and carrots; and roasted peanuts. notice of country of origin for ground achieving compliance with the beef, ground lamb, ground pork, ground requirements of this rule. What requirements must be met for a goat, and ground chicken shall include retailer to label a covered commodity as How will the requirements of this a list of all of the countries of origin being of United States origin? regulation be enforced? contained therein or reasonably The law prescribes specific criteria contained therein. This interim final USDA has entered into agreements that must be met for a covered provides that when a raw material from with States having existing enforcement commodity to bear a ‘‘United States a specific origin is not in a processor’s infrastructure to assist in compliance country of origin’’ declaration. The inventory for more than 60 days, the reviews for fish and shellfish covered specific requirements for covered country shall no longer be included as commodities. These agreements will be commodities are as follows: Perishable a possible country of origin. expanded to encompass all covered agricultural commodities, pecans, commodities. USDA determines the ginseng, peanuts, and macadamia Why can’t the Department of number of reviews to be conducted and nuts—covered commodities must be Agriculture (USDA) track only imported has developed comprehensive produced in the United States; beef, products and consider all other procedures for the compliance reviews. lamb, pork, chicken, and goat—covered products to be of ‘‘United States Only USDA is able to initiate commodities must be derived Origin?’’ enforcement actions against a person exclusively from animals (1) born, The COOL provision of the Farm Bill found to be in violation of the law. The raised, and slaughtered in the United applies to all covered commodities. COOL statute does not provide for a States (including animals born and Moreover, the law specifically identifies private right of action. USDA may also raised in Alaska and Hawaii and the criteria that products of United conduct investigations of complaints transported for a period of time not States origin must meet. The law further made by any person alleging violations more than 60 days through Canada to states that ‘‘Any person engaged in the of these regulations when the Secretary the United States and slaughtered in the business of supplying a covered determines that reasonable grounds for United States); or (2) present in the commodity to a retailer shall provide such investigation exist.

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What are the recordkeeping the shipping container, immediate origin of covered commodities. In requirements of this regulation? container, or consumer ready package. addition, the FY 2004 Consolidated Any person engaged in the business of In addition to indicating country of Appropriations Act (Pub. L. 108–199) supplying a covered commodity to a origin information, pre-labeled products delayed the implementation of retailer, whether directly or indirectly, must contain sufficient supplier mandatory country of origin labeling must maintain records to establish and information to allow USDA to trace- (COOL) for all covered commodities identify the immediate previous source back the product to the supplier except wild and farm-raised fish and (if applicable) and immediate initiating the claim. Records that shellfish until September 30, 2006. The subsequent recipient of a covered identify the covered commodity, the Agriculture, Rural Development, Food commodity for a period of 1 year from supplier, and for products that are not and Drug Administration, and Related pre-labeled, the country of origin the date of the transaction. In addition, Agencies Appropriations Act of 2006 information must be maintained for a the supplier of a covered commodity (Pub. L. 109–97) delayed the period of 1 year from the date the origin that is responsible for initiating a applicability of mandatory COOL for all declaration is made at retail. Retailer country(ies) of origin claim, which in covered commodities except wild and and supplier records may be maintained the case of beef, lamb, chicken, goat, farm-raised fish and shellfish until in any location. and pork is the slaughter facility, must September 30, 2008. possess or have legal access to records How does this regulation impact On October 11, 2002, AMS published that are necessary to substantiate that existing State country of origin labeling Guidelines for the Interim Voluntary claim. In the case of beef, lamb, chicken, programs? Country of Origin Labeling of Beef, goat, and pork, a producer affidavit shall Lamb, Pork, Fish, Perishable To the extent that State country of Agricultural Commodities, and Peanuts be considered acceptable evidence on origin labeling programs encompass which the slaughter facility may rely to (67 FR 63367) providing interested commodities that are not governed by parties with 180 days to comment on initiate the origin claim, provided it is this regulation, the States may continue the utility of the voluntary guidelines. made by someone having first-hand to operate them. For those State country On November 21, 2002, AMS knowledge of the origin of the animal(s) of origin labeling programs that published a notice requesting and identifies the animal(s) unique to encompass commodities that are the transaction. governed by this regulation, these emergency approval of a new USDA continues to look for ways to programs are preempted. However, this information collection (67 FR 70205) minimize the burden associated with preemption does not apply to State providing interested parties with a 60- this rule. Therefore, under this interim marketing programs for commodities day period to comment on AMS’ burden final rule, slaughter facilities that such as Washington apples, Idaho estimates associated with the slaughter animals that are part of a potatoes, etc. recordkeeping requirements as required National Animal Identification System While the COOL statute does not by the Paperwork Reduction Act of 1995 (NAIS) compliant system or other contain an express preemption (PRA). On January 22, 2003, AMS recognized official identification system provision, it is clear from the language published a notice extending this (e.g., Canadian official system, Mexico in the statute that Congress intended comment period (68 FR 3006) an official system) may also rely on the preemption of State law. The law additional 30 days. presence of an official ear tag and/or the assigns enforcement responsibilities to On October 30, 2003, AMS published presence of any accompanying animal the Secretary and encourages the the proposed rule for the mandatory markings (i.e., ‘‘Can’’, ‘‘M’’), as Secretary to enter into partnerships with COOL program (68 FR 61944) with a 60- applicable, on which to base their origin States with enforcement infrastructure day comment period. On December 22, claims. This provision also applies to to assist in the administration of the 2003, AMS published a notice such animals officially identified as a program. The law provides for a 30-day extending the comment period (68 FR group lot. period in which retailers and suppliers 71039) an additional 60 days. On June For retailers, records and other may take the necessary corrective action 20, 2007, AMS reopened the comment documentary evidence relied upon at after receiving notice of a period for the proposed rule for all the point of sale by the retailer to nonconformance. The Secretary can covered commodities (72 FR 33917). establish a covered commodity’s impose a civil penalty only if the On October 5, 2004, AMS published country(ies) of origin must be retailer or supplier has not made a good the interim final rule for fish and maintained for one year from the date faith effort to comply, and only after the shellfish (69 FR 59708) with a 90-day the origin declaration is made at retail Secretary provides notice and an comment period. On December 28, and, upon request, provided to any duly opportunity for a hearing. Allowing 2004, AMS published a notice authorized representatives of USDA private rights of actions would frustrate extending the comment period (69 FR within 5 business days of the request. the purpose of this comprehensive 77609) an additional 60 days. On For pre-labeled products, the label enforcement system in which Congress November 27, 2006, the comment itself is sufficient evidence on which the struck a delicate balance of imposing a period was reopened on the costs and retailer may rely to establish a product’s requirement, but ensuring that the benefits aspects of the interim final rule origin. Pre-labeled products are those agency had wide latitude in (71 FR 68431). On June 20, 2007, the covered commodities that are labeled enforcement discretion. Thus, it is clear comment period was reopened for all for country of origin by the firm or that State laws and other actions were aspects of the interim final rule (72 FR entity responsible for making the initial intended to be preempted. 33851). claim or by a further processor or Overview of the Law repacker (i.e., firms that receive bulk Prior Documents in This Proceeding products and package the products as This interim final rule is issued Section 10816 of Public Law 107–171 covered commodities in a form suitable pursuant to the 2002 Farm Bill, the 2002 (7 U.S.C. 1638–1638d) and Section for the retailer). The country of origin Appropriations, and the 2008 Farm Bill, 11002 of Public Law 110–234 amended information of pre-labeled covered which amended the Act to require the Act (7 U.S.C. 1621 et seq.) to require commodities must be legibly printed on retailers to notify their customers of the retailers to inform consumers of the

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country of origin of covered for meat covered commodities. These an audit shall provide the Secretary commodities. changes include additional provisions with verification of the country of origin The intent of this law is to provide concerning labeling meat covered of covered commodities. The 2008 Farm consumers with additional information commodities that have multiple Bill states that records maintained in the on which to base their purchasing countries of origin and specify that a course of the normal conduct of the decisions. COOL is a retail labeling retailer of a covered commodity derived business of such person, including program and as such does not provide from an animal that is imported into the animal health papers, import or customs a basis for addressing food safety. Food United States for immediate slaughter documents, or producer affidavits, may products, both imported and domestic, shall designate the origin of such serve as such verification. The law must meet the food safety standards of covered commodity as the country from prohibits the Secretary from using a the Food and Drug Administration which the animal was imported and the mandatory identification system to (FDA) and the Food Safety and United States. In addition, the 2008 verify the country of origin of a covered Inspection Service (FSIS). Farm Bill specifies that meat covered commodity. Under the 2008 Farm Bill, Under the 2002 Farm Bill, the term commodities derived from an animal the Secretary is prohibited from ‘‘covered commodity’’ was defined as that was not born, raised, or slaughtered requiring the maintenance of additional muscle cuts of beef (including veal), in the United States shall designate a records other than those maintained in lamb, pork; ground beef, ground lamb, country other than the United States as the normal conduct of business. The law ground pork; farm-raised fish and the country of origin. provides examples of existing shellfish; wild fish and shellfish; The 2008 Farm Bill also specifies how certification programs that may be used perishable agricultural commodities; ground meat products shall be labeled. to certify the country of origin of a and peanuts. The 2008 Farm Bill added The notice of country of origin for covered commodity. muscle cuts and ground chicken and ground beef, ground pork, ground lamb, The 2008 Farm Bill also modified the goat; pecans; ginseng; and macadamia ground chicken, or ground goat shall enforcement provisions for both nuts as covered commodities. The law include a list of all countries of origin retailers and suppliers. Under the 2002 excludes items from needing to bear a contained therein or a list of all Farm Bill, civil penalties up to $10,000 country of origin declaration when a reasonably possible countries of origin per violation were specified for retailers covered commodity is an ‘‘ingredient in contained therein. and suppliers. Under the 2008 Farm a processed food item.’’ The law defines To convey the country of origin Bill, civil penalties have been reduced the terms ‘‘retailer’’ and ‘‘perishable information, the law states that retailers to up to $1,000 for each violation. In agricultural commodity’’ as having the may use a label, stamp, mark, placard, addition, the 2008 Farm Bill specifies meanings given those terms in PACA. or other clear and visible sign on the that the Secretary must provide retailers The law specifically outlines the covered commodity or on the package, and suppliers with a 30-day period criteria a covered commodity must meet display, holding unit, or bin containing during which the retailer or supplier in order to bear a ‘‘United States country the commodity at the final point of sale can take the necessary steps to comply of origin’’ declaration. In the case of to consumers. Food service with the law after receiving notice from perishable agricultural commodities, establishments, such as restaurants, the Secretary. Under the 2002 Farm Bill, peanuts, pecans, ginseng, and cafeterias, food stands, and other similar only retailers were provided with this macadamia nuts, the covered facilities are exempt from these labeling 30-day period. In addition, the 2008 commodity must be exclusively requirements. Farm Bill states that the Secretary may produced in the United States. In The law makes reference to the fine a retailer or supplier, after addition, under the 2008 Farm Bill, for definition of ‘‘retailer’’ in section 1(b) of providing notice and an opportunity for perishable agricultural commodities, PACA as the meaning of ‘‘retailer’’ for a hearing, only if the retailer or supplier peanuts, pecans, macadamia nuts, and the application of the labeling has not made a good faith effort to ginseng produced in the United States, requirements under the COOL law. comply with the law and continues to designation of the State, region, or Under PACA and thus this interim final willfully violate the law. The law also locality of the United States where such rule, a retailer is any person engaged in encourages the Secretary to enter into commodity was produced shall be the business of selling any perishable partnerships with States with sufficient to identify the country of agricultural commodity at retail. enforcement infrastructure to the extent origin. Retailers are required to be licensed possible to assist in the program’s In the case of beef, lamb, pork, when the invoice cost of all purchases administration. chicken, and goat, covered of perishable agricultural commodities commodities, the law states that they exceeds $230,000 during a calendar II. Summary of Changes From the may bear a U.S. origin declaration only year. Therefore, retail establishments, Proposed Rule if they are derived exclusively from such as butcher shops, which do not As previously mentioned, the 2008 animals born, raised, and slaughtered in generally sell fruits and vegetables, do Farm Bill made a number of changes to the United States (including animals not meet the PACA definition of a the COOL provisions contained in the born and raised in Alaska and Hawaii retailer and therefore are not subject to Act. These changes have been and transported for a period of time not this rule. incorporated into this interim final rule more than 60 days through Canada to The law requires any person engaged as appropriate. In addition, the Agency the United States and slaughtered in the in the business of supplying a covered has made other modifications for clarity United States). In addition, under the commodity to a retailer to provide the and to reduce the burden on regulated 2008 Farm Bill, animals present in the retailer with the product’s country of parties where practicable as the added United States on or before July 15, 2008, origin information. In addition, the law costs of implementing this rule will and once present in the United States, states the Secretary of Agriculture may likely be passed on to consumers. Many remained continuously in the United conduct an audit of any person that of these changes were incorporated in States, are also eligible to bear a United prepares, stores, handles, or distributes the interim final rule for fish and States origin declaration. a covered commodity for retail sale to shellfish that was published in the The 2008 Farm Bill provided further verify compliance with the law and this October 5, 2004, Federal Register (69 FR direction on country of origin labeling regulation. Any person subject to such 89708). Thus, readers may find it

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helpful to review the interim final rule 319.15(a), i.e., chopped fresh and/or Country of Origin Notification for for fish and shellfish for further frozen beef with or without seasoning Muscle Cuts and Ground Meat discussions of some of the changes that and without the addition of beef fat as were made from the proposed rule such such, and containing no more than 30 The October 30, 2003, proposed rule as those changes made to the definition percent fat, and containing no added contained provisions for labeling of a processed food item and to the water, phosphates, binders, or covered commodities when the product recordkeeping provisions. extenders, and also includes products entered the United States during the Further, enforcement of the interim defined by the terms ‘‘hamburger’’ in 9 production process. In general, animals final rule for fish and shellfish will be CFR 319.15(b) and ‘‘beef patties’’ in 9 that were born and/or raised in country consistent with the statute as amended CFR 319.15(c). A full explanation of this X and slaughtered in the United States by the 2008 Farm Bill. Comments are change is discussed in the Comments were to be labeled as being imported specifically requested concerning the and Responses section. from country X and identifying the revisions to recordkeeping provisions The definition of ‘‘processed food production steps that occurred in the made herein. Any comments received item’’ has been modified to provide United States. The 2008 Farm Bill pursuant to this rulemaking, to the additional clarity as to the types of retail contains provisions on labeling covered extent relevant, will be reviewed in items that are considered processed commodities of multiple countries of connection with the continuing food items and are therefore exempt origin. Under this interim final rule, if regulatory action on the mandatory from labeling under this interim final an animal was born, raised, and/or COOL program for fish and shellfish. A rule. Based on the comments received slaughtered in the United States and summary of the changes made in this on the proposed rule in which was not imported for immediate interim final rule is discussed below. numerous commenters suggested that slaughter as defined in § 65.180, the Definitions the scope of what is considered a origin of the resulting meat products covered commodity should be narrowed derived from that animal may be The 2008 Farm Bill added muscle and because the Department was designated as Product of the United cuts and ground chicken and goat; concerned about the burden of this rule States, Country X, and/or (as applicable) pecans; macadamia nuts; and ginseng as on affected entities as the added costs of Country Y, where Country X and covered commodities. Therefore, a implementing this rule will likely be Country Y represent the actual or definition for born in reference to passed on to consumers, AMS is possible countries of foreign origin. chicken as well as definitions for adopting the definition of a processed chicken, ginseng, goat, ground chicken, If an animal was imported into the food item in this interim final rule that and ground goat have been added for United States for immediate slaughter as was promulgated in the interim final clarity. In addition, the definition of defined in § 65.180, the origin of the rule for fish and shellfish. Thus, under ‘‘covered commodity’’ has also been resulting meat products derived from this interim final rule, items that are modified accordingly to include muscle that animal shall be designated as cooked, cured, smoked, and cuts of beef (including veal), lamb, Product of Country X and the United restructured would all be considered chicken, goat, and pork; ground beef, States. processed food items. Under the ground lamb, ground chicken, ground In both cases above, the origin proposed rule, items that were cooked goat, and ground pork; perishable declaration may include more specific would have been required to be labeled. agricultural commodities; macadamia information related to production steps A full explanation of this change is nuts; pecans; ginseng; and peanuts. provided records to substantiate the discussed in the Comments and The definitions of ‘‘canned’’ and claims are maintained and the claim is Responses section. ‘‘produced in any other country other consistent with other applicable Federal than the United States’’ have been The definition of ‘‘raised’’ has also legal requirements. deleted as they have been determined to been modified to provide clarity. The be unnecessary. term ‘‘raised’’ is defined in this interim Labeling Ground Meat Covered A definition for ‘‘commingled covered final rule for the purpose of providing Commodities commodities’’ and ‘‘imported for clarity with respect to the specific The proposed rule contained immediate slaughter’’ have been added production steps specified in the law, provisions for labeling commingled for clarity. born, raised, and slaughtered, and how The following definitions have been the origin of covered commodities shall products—including ground beef. deleted as the requirements for labeling be labeled. This definition does not However, the 2008 Farm Bill specifies wild and farm-raised fish and shellfish impact any other labeling claims subject how ground meat items shall be labeled. covered commodities were promulgated to approval by FSIS. Under this interim final rule, the in a separate action: ‘‘farm-raised fish’’, Pursuant to the 2008 Farm Bill, the declaration for ground beef, ground ‘‘hatched’’, ‘‘processed (for fish and definition of ‘‘United States country of pork, ground lamb, ground goat, and shellfish’’, ‘‘U.S. flagged vessel’’, ‘‘vessel origin’’ has also been modified. Under ground chicken covered commodities flag’’, ‘‘waters of the United States’’, and this interim final rule, beef, pork, lamb, shall list all countries of origin ‘‘wild fish and shellfish’’. In addition, chicken, and goat derived from animals contained therein or that may be other definitions such as ‘‘covered present in the United States on or before reasonably contained therein. Further, commodity’’, ‘‘production step’’, July 15, 2008, and once present in the this interim final rule provides that ‘‘raised’’, and ‘‘United States country of United States, remained continuously in when a raw material from a specific origin’’ have been modified to remove the United States, shall be considered of origin is not in a processor’s inventory references to fish and shellfish. United States origin. The 2002 Farm Bill for more than 60 days, the country shall The definition of ‘‘ground beef’’ has and thus the October 30, 2003, proposed no longer be included as a possible been modified to provide clarity and to rule, did not contain such a provision. country of origin. Under the proposed expand the scope of ground beef items This provision will help address the rule, the label for these products was covered by this rule. Under this interim issue of the lack of origin information required to include an alphabetical final rule, the term ‘‘ground beef’’ has on some animals currently residing in listing of the countries of origin for all the meaning given that term in 9 CFR the United States. raw materials contained therein.

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Labeling Comingled Covered of a check box provided it is in With respect to establishing the chain Commodities conformance with other Federal labeling of custody of a product, in response to For covered commodities other than laws. Also, under this final rule, a bulk comments received, the Agency has meat items, this interim final rule, to a container (e.g., display case, shipper, deleted this language from the rule. Any great extent, includes the labeling bin, carton, and barrel), used at the person engaged in the business of provisions for commingled covered retail level to present product to supplying a covered commodity to a commodities that were developed in the consumers, may contain a covered retailer, whether directly or indirectly, interim final rule for fish and shellfish commodity from more than one country must maintain records to establish and based on comments received on the of origin provided all possible origins identify the immediate previous source are listed. Under the proposed rule, the and immediate subsequent recipient of proposed rule. Most of the commenters use of check boxes was not expressly a covered commodity for a period of 1 requested greater flexibility in labeling allowed and covered commodities from year from the date of the transaction. these types of products. Other more than one origin that were offered Under the proposed rule, records would commenters expressed concern as to for sale in a bulk container were have been required to be kept for 2 whether listing the countries in required to be individually labeled. years. alphabetical order is acceptable under Under the proposed rule, State or For retailers, this rule requires records FDA and CBP regulations. For a more regional label designations were not and other documentary evidence relied complete discussion of the rationale for permitted in lieu of country of origin. upon at the point of sale by the retailer this change, readers are invited to However, the 2008 Farm Bill, and thus to establish a covered commodity’s review the interim final rule for fish and this interim final rule, expressly country(ies) of origin must be shellfish (69 FR 59708), which is posted authorize the use of State, regional, or maintained for one year from the date on the AMS Web site at http:// locality label designations in lieu of the origin declaration is made at retail www.ams.usda.gov/AMSv1.0/. Further, country of origin for perishable and, upon request, provided to any duly changes are made in this regulation to agricultural commodities, peanuts, authorized representatives of USDA make clear that in those instances in pecans, ginseng, and macadamia nuts. within 5 business days of the request. which CBP marking regulations apply Under the proposed rule, retailers were Recordkeeping pursuant to 19 CFR part 134, this required to have maintained these regulation does not impose any The 2008 Farm Bill made changes to records at the retail store for 7 days additional marking requirements. the recordkeeping provisions of the Act. following the sale of the product. For Accordingly, under this interim final Specifically, the 2008 Farm Bill states pre-labeled products, the rule provides rule, for imported covered commodities that records maintained in the course of that the label itself is sufficient evidence that are commingled with covered the normal conduct of the business of on which the retailer may rely to commodities (of the same type) sourced such person, including animal health establish a product’s origin. The from a different origin the declaration papers, import or customs documents, proposed rule would not have provided shall indicate the countries of origin in or producer affidavits, may serve as for this method of substantiation. The accordance with existing CBP marking such verification. Under the 2008 Farm rule now requires that records identify regulations (19 CFR part 134). Bill, the Secretary is prohibited from the covered commodity, the supplier, requiring the maintenance of additional Markings and for products that are not pre- records other than those maintained in labeled, the country of origin With regard to markings, in addition the normal conduct of business. In information. This information must be to the change made by the 2008 Farm addition to the changes made as a result maintained for a period of 1 year from Bill with respect to State, region, and of the 2008 Farm Bill, other changes the date the origin designations are locality labels, which is further have been made to reduce the made at retail. Under the proposed rule, discussed below, the Agency has made recordkeeping burden. In general, these these records would have been required several changes to provide for increased changes, to a great extent, include the to be maintained for 2 years. flexibility in labeling. In general, these changes that were made to the Accordingly, under this interim final changes mirror the changes that were recordkeeping provisions contained in rule, upon request by USDA made to the marking provisions the interim final rule for fish and representatives, suppliers and retailers contained in the interim final rule for shellfish as a result of comments subject to this subpart shall make fish and shellfish as a result of received on the proposed rule. The available to USDA representatives, comments received on the proposed majority of the commenters records maintained in the normal course rule. Many commenters requested the recommended shorter retention times of business that verify an origin claim. use of check boxes to convey origin for both retailer and supplier records. Such records shall be provided within information. Other commenters Other commenters expressed concern 5 business days of the request and may requested that bulk commodities should that the preamble for the proposed rule be kept in any location. be allowed to be commingled in bins as provided no explanation of the records USDA continues to look for ways to long as the signage indicates the that would be necessary to establish the minimize the burden associated with countries of origin of the contents of the chain of custody of a product. For a this rule. Therefore, under this interim bin. Numerous other commenters more complete discussion of the final rule, in addition to relying on recommended that State and regional relevant comments, readers are invited producer affidavits to initiate an origin designations should be accepted in lieu to review the interim final rule for fish claim, slaughter facilities that slaughter of country of origin. For a more and shellfish. These changes include the animals that are part of a National complete discussion of the relevant removal of the store-level recordkeeping Animal Identification System (NAIS) comments, readers are invited to review requirement, a reduction in the length of compliant system or other recognized the interim final rule for fish and time that records must be maintained, official identification system (e.g., shellfish. the removal of the requirement for a Canadian official system, Mexico Accordingly, under this interim final unique identifier, and revisions to the official system) may also rely on the rule, the declaration of the country of recordkeeping requirements for pre- presence of an official ear tag and/or the origin of a product may be in the form labeled products. presence of any accompanying animal

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markings (i.e., ‘‘Can’’, ‘‘M’’), as processed food item. Under this interim slaughter as defined in § 65.180, the applicable, on which to base their origin final rule, a ‘‘processed food item’’ is origin of the resulting meat products claims. This provision also applies to defined as: A retail item derived from a derived from that animal may be such animals officially identified as a covered commodity that has undergone designated as Product of the United group lot. specific processing resulting in a change States, Country X, and/or (as applicable) in the character of the covered Country Y, where Country X and Responsibilities of Retailers and commodity, or that has been combined Country Y represent the actual or Suppliers with at least one other covered possible countries of foreign origin. With regard to the ‘‘safe harbor’’ commodity or other substantive food If an animal was imported into the language contained in the proposed component (e.g., chocolate, breading, United States for immediate slaughter as rule, which allows retailers and tomato sauce), except that the addition defined in § 65.180, the origin of the suppliers to rely on the information of a component (such as water, salt, or resulting meat products derived from provided unless they could have been sugar) that enhances or represents a that animal shall be designated as reasonably expected to have knowledge further step in the preparation of the Product of Country X and the United otherwise, based on comments received, product for consumption, would not in States. this ‘‘safe harbor’’ language has been itself result in a processed food item. In both cases above, the origin removed from this interim final rule. Specific processing that results in a declaration may include more specific The commenters contend that because change in the character of the covered information related to production steps the statute states that retailers are not commodity includes cooking (e.g., provided records to substantiate the subject to fines unless the Secretary frying, broiling, grilling, boiling, claims are maintained and the claim is determines they have willfully violated steaming, baking, roasting), curing (e.g., consistent with other applicable Federal the statute, the standard of willfulness salt curing, sugar curing, drying), legal requirements. is a higher bar to liability than the smoking (cold or hot), and restructuring Labeling Imported Covered standard of negligence that is (e.g., emulsifying and extruding). Commodities encompassed in the reasonable reliance Examples of items excluded from standard utilized in the ‘‘liability country of origin labeling include Under this interim final rule, an shield.’’ A complete discussion is teriyaki flavored pork loin, meatloaf, imported covered commodity for which contained in the Comments and roasted peanuts, breaded chicken origin has already been established as Responses section of this interim final tenders, fruit medley, mixed vegetables, defined by this law (e.g., born, raised, rule. and a salad mix that contains lettuce slaughtered or grown) and for which no production steps have occurred in the Highlights of This Interim Final Rule and carrots and/or salad dressing. United States shall retain its origin as Covered Commodities Labeling Covered Commodities of declared to U.S. Customs and Border United States Origin The term ‘‘covered commodity’’ Protection (CBP) at the time the product includes: Muscle cuts of beef, lamb, The law prescribes specific criteria enters the United States, through retail pork, chicken, and goat; ground beef, that must be met for a covered sale. ground lamb, ground pork, ground commodity to bear a ‘‘United States Covered commodities imported in chicken, and ground goat; perishable country of origin’’ declaration. consumer-ready packages are currently agricultural commodities (fresh and Therefore, covered commodities may be required to bear a country of origin frozen fruits and vegetables); peanuts; labeled as having a United States origin declaration on each individual package pecans; ginseng; and macadamia nuts. if the following specific requirements under the Tariff Act of 1930 (Tariff Act). are met: This interim final rule does not change Exemption for Food Service (a) Beef, pork, lamb, chicken, and these requirements. Establishments goat—covered commodities must be Labeling Commingled Covered Under this interim final rule, food derived from animals exclusively born, Commodities service establishments are exempt from raised, and slaughtered in the United COOL labeling requirements. Food States; from animals born and raised in In this interim final rule, a service establishments are restaurants, Alaska or Hawaii and transported for a commingled covered commodity is cafeterias, lunch rooms, food stands, period of time not more than 60 days defined as a single type of covered saloons, taverns, bars, lounges, or other through Canada to the United States and commodity (e.g., frozen peas), presented similar facilities operated as an slaughtered in the United States; or from for retail sale in a consumer package, enterprise engaged in the business of animals present in the United States on that has been prepared from raw selling food to the public. Similar food or before July 15, 2008, and once material sources having different service facilities include salad bars, present in the United States, remained origins. Further, a commingled covered delicatessens, meal preparation stations continuously in the United States. commodity does not include ground in which the retailer sets out ingredients (b) Perishable agricultural meat products. If the retail product for different meals and consumers commodities, peanuts, pecans, ginseng, contains two different types of covered assemble the ingredients into meals to and macadamia nuts—covered commodities (e.g., peas and carrots), it take home, and other food enterprises commodities must be from products is considered a processed food item and located within retail establishments that exclusively produced in the United is not subject to mandatory COOL. provide ready-to-eat foods that are States. In the case of perishable agricultural consumed either on or outside of the commodities, peanuts, pecans, ginseng, Labeling Muscle Cut Covered retailer’s premises. and macadamia nuts, for imported Commodities of Multiple Countries of covered commodities that have not Exclusion for Ingredient in a Processed Origin (That Includes the United States) subsequently been substantially Food Item Under this interim final rule, if an transformed in the United States that are Items are excluded from labeling animal was born, raised, and/or commingled with imported and/or under this regulation when a covered slaughtered in the United States and United States origin commodities, the commodity is an ingredient in a was not imported for immediate declaration shall indicate the countries

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of origin for all covered commodities in Mexico’’; may only contain the name of Recordkeeping Requirements and accordance with CBP marking the country such as ‘‘USA’’ or Responsibilities regulations (19 CFR part 134). For ‘‘Mexico’’; or may be in the form of a The law states that the Secretary may example, a bag of frozen peas that were check box provided it is in conformance conduct an audit of any person that sourced from France and India is with CBP marking regulations and other prepares, stores, handles, or distributes currently required under CBP Federal labeling laws (i.e., FDA, FSIS). a covered commodity for retail sale to regulations to be marked with that For example, CBP marking regulations verify compliance. As such, records origin information on the package. (19 CFR part 134) specifically require maintained in the normal course of the use of the words ‘‘product of’’ in Defining Country of Origin for Ground business that verify origin declarations certain circumstances. The adjectival Meat Products are necessary in order to provide form of the name of a country may be The law states that the origin retailers with credible information on used as proper notification of the which to base origin declarations. declaration for ground beef, ground country of origin of imported pork, ground lamb, ground goat, and commodities provided the adjectival Under this interim final rule, any ground chicken covered commodities form of the name does not appear with person engaged in the business of shall list the countries of origin other words so as to refer to a kind or supplying a covered commodity to a contained therein or shall list the species of product. Symbols or flags retailer, whether directly or indirectly reasonably possible countries of origin. (i.e., growers, distributors, handlers, alone may not be used to denote country Therefore, under this interim final rule, packers, and processors, etc.), must of origin. The labeling requirements when a raw material from a specific make available information to the under this rule do not supersede any origin is not in a processor’s inventory subsequent purchaser about the existing Federal legal requirements, for more than 60 days, the country shall country(ies) of origin of the covered unless otherwise specified, and any no longer be included as a possible commodity. This information may be country of origin designation must not country of origin. This does not mean provided either on the product itself, on obscure or intervene with other labeling that labels must change every 60 days. the master shipping container, or in a information required by existing Labels containing the applicable document that accompanies the product regulatory requirements. countries (e.g., Country X, Y, Z) may through retail sale provided it identifies extend beyond a given 60-day period For domestic and imported perishable the product and its country(ies) of depending on how long raw materials agricultural commodities, macadamia origin. from those countries are actually in nuts, peanuts, pecans, and ginseng, Any person engaged in the business of inventory. In the event of a supplier State, regional, or locality label supplying a covered commodity to a audit by USDA, records kept in the designations are acceptable in lieu of retailer, whether directly or indirectly, normal course of business should country of origin labeling. must maintain records to establish and provide the information necessary to In order to provide the industry with identify the immediate previous source verify the origin claim. as much flexibility as possible, this rule (if applicable) and immediate Remotely Purchased Products does not contain specific requirements subsequent recipient of a covered commodity for a period of 1 year from For sales of a covered commodity in as to the exact placement or size of the the date of the transaction. which the customer purchases a covered country of origin declaration. However, commodity prior to having an such declarations must be legible and In addition, the supplier of a covered opportunity to observe the final package conspicuous, and allow consumers to commodity that is responsible for (e.g., Internet sales, home delivery sales, find the country(ies) of origin easily and initiating a country of origin etc.) the retailer may provide the read it without strain when making their declaration, which in the case of beef, country of origin notification either on purchases, and provided that existing lamb, pork, chicken, and goat is the the sales vehicle or at the time the Federal labeling requirements must be slaughter facility, must possess or have product is delivered to the consumer. followed. For example, the country of legal access to records that are necessary origin declaration may be located on the to substantiate that claim. In the case of Markings information panel of a package of frozen beef, lamb, chicken, goat, and pork, a Under this interim final rule, the produce as consumers are familiar with producer affidavit shall be considered country of origin declaration may be such location for displaying nutritional acceptable evidence on which the provided to consumers by means of a and other required information. slaughter facility may rely to initiate the label, placard, sign, stamp, band, twist Likewise, in the case of store overwrap origin claim, provided it is made by tie, pin tag, or other clear and visible and other similar type products, which someone having first-hand knowledge of sign on the covered commodity or on is the type of packaging used for fresh the origin of the animal(s) and identifies the package, display, holding unit, or meat and poultry products, the the animal(s) unique to the transaction. bin containing the commodity at the information panel would also be an USDA continues to look for ways to final point of sale to consumers. In acceptable location for the origin minimize the burden associated with general, abbreviations are not declaration as this is a location that is this rulemaking. Therefore, slaughter acceptable. Only those abbreviations currently utilized for providing other facilities that slaughter animals that are approved for use under CBP rules, Federally-mandated labeling part of a National Animal Identification regulations, and policies, such as ‘‘U.K.’’ information (i.e., safe handling System (NAIS) compliant system or for ‘‘The United Kingdom of Great instructions, nutrition facts, and other recognized official identification Britain and Northern Ireland’’, ingredients statement). However, to the system (e.g., Canadian official system, ‘‘Luxemb’’ for Luxembourg, and ‘‘U.S.’’ extent practicable, the Agency Mexico official system) may also rely on for the ‘‘United States’’ are acceptable. encourages retailers and suppliers to the presence of an official ear tag and/ The declaration of the country of origin place this information on the front of or the presence of any accompanying of a product may be in the form of a these types of packages, also known as animal markings (i.e., ‘‘Can’’, ‘‘M’’), as statement such as ‘‘Product of USA,’’ the principal display panel, so it will be applicable, on which to base their origin ‘‘Produce of the USA’’, or ‘‘Grown in readily apparent to consumers. claims. This would also include such

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animals officially identified as a group associated administrative offices, and at Comments and Responses lot. supplier establishments subject to these On October 30, 2003, AMS published For an imported covered commodity, regulations. USDA will coordinate the the proposed rule for the mandatory the importer of record as determined by scheduling and determine the COOL program (68 FR 61944) with a 60- CBP, must ensure that records: Provide procedures for compliance reviews. day comment period. On December 22, clear product tracking from the United Only USDA will be able to initiate 2003, AMS published a notice States port of entry to the immediate enforcement actions against a person extending the comment period (68 FR subsequent recipient and accurately found to be in violation of the law. 71039) an additional 60 days. AMS reflect the country(ies) of origin of the USDA may also conduct investigations received over 5,600 timely comments item as identified in relevant CBP entry of complaints made by any person from consumers, retailers, foreign documents and information systems; alleging violations of these regulations governments, producers, wholesalers, and maintain such records for a period when the Secretary determines that manufacturers, distributors, members of of 1 year from the date of the reasonable grounds for such Congress, trade associations and other transaction. investigation exist. Under this interim final rule, retailers interested parties. The majority of the also have recordkeeping Retailers and suppliers, upon being comments received were from responsibilities. Records and other notified of the commencement of a consumers expressing support for the documentary evidence relied upon at compliance review, must make all requirement to label the method of the point of sale by the retailer to records or other documentary evidence production of fish and shellfish as either establish a covered commodity’s material to this review available to wild and/or farm-raised. Numerous country(ies) of origin must be USDA representatives within 5 business other comments related to the definition maintained for one year from the date days of receiving a request and provide of a processed food item, the the origin declaration is made at retail. any necessary facilities for such recordkeeping requirements for both retailers and suppliers, and the Upon request, these records must be inspections. enforcement of the program. In addition, provided to any duly authorized The law contains enforcement representatives of USDA within 5 over 100 late comments were received provisions for both retailers and business days of the request and may be that generally reflected the substance of suppliers that include civil penalties of maintained in any location. For pre- the timely comments received. To the up to $1,000 for each violation. For labeled products (i.e., labeled by the extent that these comments applied to manufacturer/first handler) the label retailers and persons engaged in the fish and shellfish covered commodities, itself is sufficient evidence on which the business of supplying a covered these comments have already been retailer may rely to establish the commodity to a retailer (suppliers), the addressed in the interim final rule for product’s origin. Pre-labeled products law states that if the Secretary fish and shellfish (69 FR 59708). are those covered commodities that are determines that a retailer or supplier is On June 20, 2007, AMS reopened the labeled for country of origin by the firm in violation of the Act, the Secretary comment period for the proposed rule or entity responsible for making the must notify the retailer or supplier of for all covered commodities (72 FR initial claim or by a further processor or the determination and provide the 33917). AMS received over 721 repacker (i.e., firms that receive bulk retailer or supplier with a 30-day period comments from consumers, retailers, products and package the products as during which the retailer or supplier foreign governments, producers, covered commodities in a form suitable may take necessary steps to comply. If wholesalers, manufacturers, for the retailer). The country of origin upon completion of the 30-day period distributors, members of Congress, trade information of pre-labeled covered the Secretary determines the retailer or associations and other interested commodities must be legibly printed on supplier has (1) not made a good faith parties. The majority of the comments the shipping container, immediate effort to comply and (2) continues to received were from consumers container, or consumer ready package. willfully violate the Act, after providing expressing support for mandatory COOL In addition to indicating country of notice and an opportunity for a hearing, for the remaining covered commodities. origin information, pre-labeled products the retailer or supplier may be fined not Numerous comments were received that must contain sufficient supplier more than $1,000 for each violation. provided insights and suggestions relating to the definitions for ‘‘processed information to allow USDA to trace- In addition to the enforcement food item,’’ ‘‘blended products,’’ back the product to the supplier provisions contained in the Act, ‘‘retailer,’’ and ‘‘ground beef.’’ Several initiating the claim. Records that statements regarding a product’s origin foreign governments expressed concern identify the covered commodity, the must also comply with other existing that the law itself may not be consistent supplier, and for products that are not Federal statutes. For example, the with the World Trade Organization or pre-labeled, the country of origin Federal Food, Drug, and Cosmetic Act information must be maintained for a North American Free Trade Agreement prohibits labeling that is false or obligations of the United States. Other period of 1 year from the date the origin misleading. In addition, for perishable declaration is made at retail. commenters pointed out that COOL agricultural commodities, mislabeling provides no food safety benefit to Enforcement country of origin is also in violation of consumers. Some commenters PACA misbranding provisions. Thus, The law encourages the Secretary to expressed concerns that poultry and inaccurate country of origin labeling of enter into partnerships with States to food service establishments are exempt covered commodities may lead to the extent practicable to assist in the from COOL regulations. Several additional penalties under these statutes administration of this program. As such, commenters discussed the challenges USDA has entered into partnerships as well. and possible solutions for labeling with States that have enforcement With regard to the voluntary use of country of origin when products have infrastructure to conduct retail NAIS compliant tags on which to base entered the United States during the compliance reviews. origin claims, 9 CFR 71.22 prohibits the production process. Many commenters Routine compliance reviews may be removal of official identification devices requested an implementation period to conducted at retail establishments and except at the time of slaughter. allow clearing from channels of

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commerce those preexisting animals shellfish will appear at 7 CFR part 65. the labeling exemption for food service and commodities for which accurate For the ease of the reader, the establishments and pointed out that this labeling would be difficult. discussion of the comments will refer to provision will result in a substantial Any comments received on the the initial regulatory numbering amount of product being unlabeled for October 30, 2003, proposed rule that scheme. The numbering scheme for the country of origin. One commenter were not addressed previously in the regulatory provisions in this interim encouraged USDA to retain the food interim final rule for fish and shellfish, final rule is different and therefore may service establishment definition and to as well as any new comments received not align with the proposed rule. add meal preparation services as in response to the June 20, 2007, another example. comment reopening, will be addressed Definitions Agency Response: Section 282(b) of in this rule. Born the Act provides for an exemption for On October 5, 2004, AMS published Summary of Comments: One food service establishments. Therefore, the interim final rule for fish and commenter recommended that a new this interim final rule retains the shellfish (69 FR 59708) with a 90-day definition be added that would define provision for an exemption for food comment period. On December 28, the term ‘‘born’’ in the case of: service establishments. In addition, 2004, AMS published a notice (a) Beef, pork, and lamb: The country language describing meal preparation extending the comment period (69 FR in which cattle, hogs, and sheep were stations as another example of a food 77609) an additional 60 days. On birthed on or after September 30, 2004. service establishment has been added to November 27, 2006, the comment (b) Cattle, hogs, and sheep: All cattle, the preamble. Accordingly, these period was reopened on the cost and hogs, and sheep birthed prior to recommendations have been adopted in benefit aspects of the interim final rule September 30, 2004, and residing within part. (71 FR 68431). AMS received over 192 the United States on September 30, Ground Beef comments from consumers, retailers, 2004, shall be deemed to be born in the foreign governments, producers, United States, except those identified as Summary of Comments: Several wholesalers, manufacturers, foreign (through various means). commenters suggested that the distributors, members of Congress, trade Agency Response: The definition of ground beef be modified so associations and other interested implementation date for covered that all beef products that are ground parties. The majority of the comments commodities other than fish and would be covered regardless of the received were from consumers shellfish was delayed until September amount of beef fat, and regardless of expressing support for the requirement 30, 2008. The 2008 Farm Bill amended whether it contains added water, to label fish and shellfish with the section 282(a)(2) of the Act such that phosphates, binders, or extenders. country of origin and method of beef, lamb, pork, chicken, and goat can Agency Response: In the October 30, production as either wild and/or farm- be designated as having a United States 2003, proposed rule, the Agency defined raised, and to extend mandatory COOL origin if derived from an animal that the term ‘‘ground beef’’ as having the to the remaining covered commodities. was present in the United States on or meaning given the term in 9 CFR Most of the comments did not address before July 15, 2008, and once present 319.15(a), i.e., chopped fresh and/or the specific question of the rule’s costs in the United States, remained frozen beef with or without seasoning and benefits. A limited number of the continuously in the United States. and without the addition of beef fat as comments did relate to the costs and Accordingly, the issue raised in the such, and containing no more than 30 benefits of the documentation and comment has been addressed by the percent fat, and containing no added recordkeeping requirements of the law. 2008 Farm Bill amendment, and this water, phosphates, binders, or Some commenters noted no increased rule reflects that statutory change. extenders. The Agency has considered sales or demand for seafood as a result the comments received and agrees that of COOL. Several commenters provided Covered Commodity the definition of ground beef contained evidence regarding the costs of Summary of Comments: Numerous within the proposed rule was too compliance with the interim final rule commenters suggested that the narrow as it would have excluded covering fish and shellfish. Other definition of covered commodity should products such as hamburger and commenters cited academic and be amended to include poultry. potentially beef patties. Consumers Government Accountability Office Agency Response: The 2008 Farm Bill likely would have been confused as to studies to argue that USDA amended section 281(2)(A) of the Act to why certain ground beef products were overestimated the costs to implement include chicken as a covered labeled with country of origin while systems to meet COOL requirements, commodity as well as goat, pecans, others were not. Accordingly, AMS has and that the true costs to industry will ginseng, and macadamia nuts. revised the definition of ground beef be much lower than those projected by Therefore, the term ‘‘covered such that ‘‘ground beef’’ has the the economic impact analysis contained commodity’’ has been defined in this meaning given that term in 9 CFR in the interim final rule for fish and interim final rule as ‘‘muscle cuts of 319.15(a), i.e., chopped fresh and/or shellfish. To the extent that these beef, lamb, chicken, goat, and pork; frozen beef with or without seasoning comments apply to the overall costs and ground beef, ground lamb, ground and without the addition of beef fat as benefits of mandatory COOL for the chicken, ground goat, and ground pork; such, and containing no more than 30 remaining covered commodities, they perishable agricultural commodities; percent fat, and containing no added will be addressed herein. peanuts; pecans; ginseng; and water, phosphates, binders, or When the proposed rule was macadamia nuts.’’ Accordingly, the extenders, and also includes products published on October 30, 2003, the commenters’ concerns regarding adding defined by the terms ‘‘hamburger’’ in 9 regulatory provisions were all proposed poultry as a covered commodity have CFR 319.15(b) and ‘‘beef patties’’ in 9 to be contained in a new part 60 of Title been addressed by the 2008 Farm Bill. CFR 319.15(c). This revised definition 7 of the Code of Federal Regulations. will result in the inclusion of hamburger Under this interim final rule, the Food Service Establishment and beef patties by allowing for the regulatory provisions for the covered Summary of Comments: Several addition of beef fat and water. However, commodities other than fish and commenters stated their opposition to ground beef, hamburger, and beef

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patties that contain seasonings and/or One commenter encouraged USDA to and the Agency’s responses, readers are other ingredients such as binders or retain the definition as published in the invited to review the interim final rule extenders would meet the definition of fish and shellfish rule, but recognize for fish and shellfish. a processed food item and would that processing for perishable The Agency believes the definition of therefore not be covered under this rule. agricultural commodities is different a processed food item contained in the than for the other covered commodities. interim final rule for fish and shellfish Processed Food Item The commenter pointed out that much has established a bright line standard in Summary of Comments: AMS value added processing occurs with terms of what products are covered by received numerous comments on the respect to produce and stated that the regulation. Therefore, under this definition of a processed food item. peeling, coring, chopping, and interim final rule, the definition of a Several commenters expressed the packaging a fresh pineapple for processed food item is the same as that opinion that the number of exemptions consumers changes the character of the which was published in the interim allowed under the processed food item covered commodity from a bristly fruit final rule for fish and shellfish (69 FR definition should be substantially to a ready-to-eat product. The 89708). Further, to provide additional limited so as to allow for labeling of the commenter recommended that USDA guidance to the industry, the Agency maximum number of commodities as should recognize that perishable has added additional examples of the possible. Some commenters offered agricultural commodities that retailers types of products that would be specific recommendations as to what prepare and package for consumers excluded in the Questions and Answers should not be included as a processing immediate consumption should be section of this rule. step such as marinating, breading, considered processed food items. With respect to the issue of canning, smoking, curing, cooking, Other commenters expressed general substantial transformation, the law dividing into portions, etc. Some concern about the proposed definition, specifically defines the criteria for a commenters offered specific but did not offer any alternatives. Other covered commodity to be labeled as recommendations as to what should be commenters expressed concern that the having a United States country of origin. included as a processing step such as concept of substantial transformation, Imported covered commodities do not freezing, removing inedible portions which is the basis for determining origin generally meet this criteria and, therefore, may not bear a declaration (such as peeling, coring, and chopping under CBP regulations, the World Trade that identifies the United States as the a fresh pineapple), restructuring, Organization’s Rules of Origin, and the sole country of origin. cooking, curing, and smoking. With Codex General Standard for the Labeling of Prepackaged Food, is being With regard to excluding ground meat respect to recognizing freezing as a products, the Act defines the term processing step, one commenter overwritten. Another commenter expressed their opinion that the ‘‘covered commodity’’ to specifically provided examples of other regulations include ground beef, ground pork, administered by AMS that recognize addition of salt or sugar represents a change in nutritional properties and ground lamb, ground goat as well as freezing as a processing step. The therefore should represent a processing ground chicken. Thus, these commenter contends that these step thereby creating a processed food commodities must be labeled under this regulations have established an item. regulation. However, items such as administrative precedent and a Agency Response: In the October 30, meatballs, meat loaf, and similar items departure from such precedent would 2003, proposed rule, the term that contain seasonings and/or binders, not be legally supported. The ‘‘processed food item’’ was defined as a would not meet the definition of commenter also contends that imported retail item derived from a covered ‘‘ground beef’’ as defined in this frozen products are already required to commodity that has undergone a regulation. With regard to fabricated be labeled with the country of origin physical or chemical change, and has a steak, this product is restructured and under the Tariff Act and that requiring character that is different from that of therefore would be considered a the labeling of these products under the covered commodity; or a retail item processed food item under this interim COOL would be duplicative. Finally, derived from a covered commodity that final rule. the commenter contends that there was has been combined with other covered With respect to considering freezing no legislative intent for frozen foods to commodities or other substantive food as a processing step, freezing is clearly fall under the COOL labeling components. The Agency also a method of preservation and does not requirements. contemplated a number of alternative change the character of the product. In Several commenters requested that definitions. In promulgating the addition, in defining the term perishable USDA clarify the types of products that definition of a processed food item in agricultural commodity, Congress would be considered processed food the interim final rule for fish and referenced the definition for this term items under the second part of the shellfish, the Agency reviewed and under the Perishable Agricultural definition. Some commenters stated that responded to all of the comments Commodities Act of 1930 (PACA). products such as hamburger, beef received on the October 30, 2003, Under PACA, the term perishable patties, meatballs, meat loaves, and proposed rule. The majority of the agricultural commodity means ‘‘any of fabricated steak should be defined as comments received argued for a broader the following, whether or not frozen or processed food items. Another definition of a processed food item such packed in ice * * *’’ Therefore, it is commenter suggested that ground beef, that more products would be excluded clear that frozen fruits and vegetables ground lamb, and ground pork should from labeling. Accordingly, under the are specifically included as covered be defined as processed food items. interim final rule for fish and shellfish, commodities under the statute. As the Several commenters suggested that the definition of a processed food item commenter points out, many imported roasted, dry roasted, and honey roasted was modified such that cooked products (in consumer-ready packages) peanuts should be defined as processed products, breaded products, and items are already required to be labeled under food items. Several commenters that have been imparted with a the Tariff Act. This interim final rule concurred with the agency’s definition particular flavor are all considered does not change these requirements. as published in the interim final rule for processed food items. For a more With respect to the recommendation fish and shellfish. complete discussion of these comments to recognize that perishable agricultural

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commodities that retailers prepare and Agency believes this definition clearly beef, ground pork, and ground lamb, the package for consumers’ immediate indicates that covered commodities sold retail product should be labeled as consumption should be considered by wholesalers to restaurants and other ‘‘product of the United States’’ if in fact processed food items, many of these food service establishments are not that product was produced in the preparations must be done prior to a covered by COOL. Accordingly, no United States. product being ready for consumption. modification to the definition of a Agency Response: The law expressly For example, a consumer would not eat retailer has been made. states the criteria for products to be a pineapple that wasn’t peeled, cored, considered of United States origin, Slaughter and sliced and/or chopped. Such which are included in the definition of processing thus does not change the Summary of Comments: In the this term as stated in § 65.260 of this character of the product but rather proposed rule, the Agency specifically interim final rule. The specific prepares it for consumption. This is invited comments on the use of requirements for covered commodities similar to the process of peeling shrimp. alternative terms for the term are as follows: Perishable agricultural A consumer would not eat shrimp prior ‘‘slaughtered.’’ Numerous commenters commodities, pecans, ginseng, peanuts, to it being peeled and accordingly, suggested alternatives including and macadamia nuts—covered peeling shrimp is not considered a abattoired, processed, harvested, commodities must be produced in the processing step under the interim final prepared, and initial processing. United States; beef, lamb, pork, chicken, rule for fish and shellfish. Agency Response: The Agency and goat—covered commodities must be With respect to roasted, dry roasted, believes that the alternative term derived exclusively from animals (1) and honey roasted peanuts, because ‘‘harvested’’ as suggested by several of born, raised, and slaughtered in the these items are all cooked, under the the commenters is an acceptable United States (including animals born definition of a processed food item in alternative for the term ‘‘slaughtered’’ and raised in Alaska and Hawaii and this interim final rule, these products that will be readily understood by transported for a period of time not are excluded from labeling. With regard consumers. Accordingly, this rule has more than 60 days through Canada to to excluding items that contain added been modified to allow the use of this the United States and slaughtered in the salt or sugar, the Agency believes the term in lieu of the term ‘‘slaughtered’’. United States); or (2) present in the addition of these ingredients merely Country of Origin Notification United States on or before July 15, 2008, represent a further step in the and once present in the United States, preparation of the product for Exemption for Food Service remained continuously in the United consumption and do not result in a Establishments States. The regulation also states that change of character of the covered Summary of Comments: Several covered commodities further processed commodity. Therefore, this commenters were not in favor of the or handled in a foreign country after recommendation is not adopted. exemption for food service meeting the requirements to be labeled as United States origin (as defined in Retailer establishments as it would limit the information available to consumers. § 65.260) may bear the declaration that Summary of comments: Several Agency Response: The Act expressly identifies the United States as the sole commenters were concerned that the states the exemption of food service country of origin at retail provided the definition of a retailer in the proposed establishments. Therefore, this identity of the product is maintained rule does not conform to what the exemption is retained in this regulation. along with records to substantiate the average consumer thinks of as a retailer origin claims and the claim is consistent Labeling Covered Commodities of because it excludes stores that do not with other applicable Federal legal United States Origin sell fruits and vegetables such as fish requirements. Thus, peanuts grown in markets, meat markets, small green Summary of Comments: One the United States and processed in grocers, and convenience stores. These commenter supported labeling only another country such that a substantial commenters urged USDA to resolve any those products derived from animals transformation does not occur are still ambiguities surrounding the definition specifically born, raised, and processed eligible to bear a United States origin in a way that maximizes the number of in the United States as eligible for the declaration. food items and establishments subject to ‘‘product of the United States’’ In the case of all inclusive labels such mandatory COOL. Another commenter designation. This commenter opposed as ‘‘Product of the United States, noted that Congress intended to impose an all-inclusive label such as ‘‘product Canada, or Mexico’’, the 2008 Farm Bill the new labeling requirements on sales of the United States, Canada, or provided further direction on country of conducted by a certain class of business Mexico’’ when the commodity meets the origin labeling for meat covered entities (i.e., PACA retailers) but not on specific qualifications for the ‘‘product commodities. These changes include all retail sales of covered commodities. of the United States’’ label. Another additional provisions concerning They further stated that any person that commenter advocated that the ‘‘United labeling meat covered commodities that primarily sells food in wholesale or in States origin’’ designation should only have multiple countries of origin. Under bulk to independent businesses (e.g., be available for peanut products in this interim final rule, if an animal was restaurants and other food service which the peanuts have been grown and born, raised, and/or slaughtered in the establishments) should be exempt from harvested in the United States and have United States and was not imported for COOL. not been substantially transformed immediate slaughter as defined in Agency Response: The law outside the United States. Other § 65.180, the origin of the resulting meat specifically defines the term retailer as commenters supported a presumption of products derived from that animal may having the meaning given that term in United States origin in which the be designated as Product of the United section 1(b) of PACA. Accordingly, fish absence of foreign import markings States, Country X, and/or (as applicable) markets or any other retail entities that should be used to identify livestock Country Y, where Country X and either invoice fruits and vegetables at a exclusively born, raised, and processed Country Y represent the actual or level below the $230,000 threshold or in the United States. One commenter possible countries of foreign origin. In do not sell any fruits and vegetables at suggested that in the case of the covered addition, the origin declaration may all are not included. Likewise, the commodities beef, pork, lamb, ground include more specific information

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related to production steps provided countries may be represented in the packaging. The proposed rule also records to substantiate the claims are finished product. As an example, the would have required that the labeling of maintained and the claim is consistent commenters suggested an all-inclusive all blended products specify precisely with other applicable Federal legal label stating ‘‘product of the United the countries of origin represented requirements. States, Canada, or Mexico.’’ The within each individually-packaged With regard to allowing for commenters contend that such a label retail product. presumption of United States origin, the will provide consumers with a The Department believes that the law also states that ‘‘Any person reasonable indication of likely origin statutory language makes clear that the engaged in the business of supplying a while reducing implementation costs. purpose of the COOL law is to provide covered commodity to a retailer shall One commenter requested that USDA for a retail labeling program for covered provide information to the retailer clarify what constitutes the ‘‘same commodities—not to impose economic indicating the country of origin of the covered commodity’’. The commenter inefficiencies and disrupt the orderly covered commodity.’’ Accordingly, stated that the example in the proposed production, processing, and retailing of presumption of United States origin is rule referred to green and red leaf covered commodities. Therefore, in this not authorized under the statute. lettuce as if they are a single commodity interim final rule, the provision to and that the produce industry would separately track the product has been Labeling Imported Covered consider those two different items. The removed, and the labeling requirements Commodities That Have Been commenter noted this would render a have been made consistent with other Substantially Transformed in the United bag containing red and green leaf lettuce Federal labeling requirements (i.e., CBP States as a processed food item. The marking regulations). This interim final Summary of Comments: Two commenter recommended that if a rule does not impose any additional commenters supported the provisions commodity has a unique identifier such burden with respect to the labeling of contained in the interim final rule for as a unique price look up code (PLU) commingled products for which fish and shellfish for labeling products related to anything but size or region, it labeling is also required under CBP that have been imported from country x should be considered a unique item. regulations. and substantially transformed in the Other commenters appeared to be In the case of perishable agricultural United States to be labeled as ‘‘from confused as to labeling ‘‘blended’’ commodities, peanuts, pecans, ginseng, country x, processed in the United covered commodities and instead and macadamia nuts, for imported States’’ and recommended this provided comments on labeling covered commodities that have not provision also be used for other covered commodities of mixed origin. The subsequently been substantially commodities. One commenter opposed relevant comments have been addressed transformed in the United States that are requiring further itemization of exact in the appropriate sections. commingled with imported and/or production steps that occurred in the Agency Response: In an effort to United States origin commodities, the United States or in the foreign country. clarify the labeling requirements for this declaration shall indicate the countries One commenter supported a label that type of product, the Agency has of origin for all covered commodities in expresses each country’s specific role in removed references to the term accordance with CBP marking the production of a product. ‘‘blended’’ covered commodities and regulations (19 CFR part 134). Agency Response: The 2008 Farm Bill has added a definition of ‘‘commingled’’ The 2008 Farm Bill states that the contains labeling provisions for the covered commodities. Under this origin declaration for ground beef, following categories: United States interim final rule, commingled covered ground pork, ground lamb, ground goat, country of origin, multiple countries of commodities are defined as a single type and ground chicken covered origin, imported for immediate of covered commodity (e.g., frozen commodities shall list the countries of slaughter, foreign country of origin, as peas), presented for retail sale in a origin contained therein or shall list the well as for labeling ground products. consumer package, that has been reasonably possible countries of origin. Accordingly, this interim final rule prepared from raw material sources This interim final provides that when a contains labeling provisions for these having different origins. If the retail raw material from a specific origin is not categories in accordance with the law. A product contains two different types of in a processor’s inventory for more than complete discussion on how covered covered commodities (e.g., peas and 60 days, the country shall no longer be commodities should be labeled is carrots), it is considered a processed included as a possible country of origin. contained in this regulation in the food item and is not subject to In reference to the comment about section entitled ‘‘Highlights of this mandatory COOL. Further, a clarifying the language ‘‘the same Regulation’’. commingled covered commodity does covered commodity’’, the Agency has not include ground meat products. added additional language describing Blended Products However, because labeling of ground the types of products this labeling Summary of Comments: Several meat products was included in the provision covers in the preamble. In commenters stated that the provision for blended (commingled) provisions of the response to the commenter’s labeling blended products under the proposed rule, for purposes of recommendation regarding red and proposed rule, which required an discussing the comments, they are green leaf lettuce, the Agency disagrees alphabetical listing of countries included under this subheading. with the commenter’s recommendation contained therein and required facilities USDA is concerned about the burden to use price lookup codes as the to document the origin of a product was imposed by the rule on facilities that standard for whether or not a covered separately tracked, was excessively produce a commingled retail product as commodity is considered ‘‘the same’’. costly. Commenters supported language the added costs of implementing this While green leaf and red leaf lettuce are in the interim final rule for fish and rule will likely be passed on to different varieties of lettuce, they are shellfish, which stated ‘‘the declaration consumers. The proposed rule would both still leaf lettuce and thus would shall indicate the countries of origin have required such facilities to not meet the definition of a processed contained therein or that may be document that the origin of a product food item. This is also the case with contained therein.’’ Several commenters was separately tracked, while in their different varieties of apples or onions as supported labeling that indicates several control, during production and each variety—red delicious, fuji, or

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granny smith in the case of apples and under this interim final rule, provided stickers will fall off during transport and red, yellow, and white in the case of it is in accordance with other Federal display. These commenters contend that onions—has its own PLU code. Thus, labeling laws. For example, in certain the country of origin notification the provision for labeling commingled circumstances CBP regulations require requirement should be met if the covered commodities apples to products the words ‘‘product of’’ or ‘‘made in’’ to majority of perishable agricultural such as a bag that contains frozen precede the name of the country. commodities in a bulk bin have labels as consumers will be able to determine strawberries originating from the United Section 60.300(b) States and Mexico, a bag that contains the country of origin. bananas originating from Ecuador and Summary of Comments: Several Agency Response: The Agency agrees Costa Rica, and a bag of lettuce that commenters recommended that the that flexibility should be provided to contains romaine and iceberg lettuce conspicuous location requirement retailers to commingle like items from originating from the United States and should include any place on the different origins in bulk bins. Thus, Mexico. package or product. Several commenters under this interim final rule, a bulk supported the current application of this container (e.g., display case, shipper, Remotely Purchased Products requirement under the interim final rule bin, carton, and barrel), used at the Summary of comments: One for fish and shellfish and recommended retail level to present product to commenter recommended that suppliers that USDA further explain the consumers, may contain a covered should list the country of origin on the conspicuous standard to ensure a commodity from more than one country sales vehicle. Another commenter common understanding across all of origin provided all possible origins recommended that the country of origin regulated communities as well as among are listed. The Agency also understands notification should be allowed to be compliance and enforcement personnel. that stickering efficacy is not 100%. The made either on the sales vehicle or at Agency Response: At the request of Agency agrees that consumers would the time the product is delivered to the the commenters, the Agency has likely be able to discern the country of consumer. included an additional discussion of origin if the majority of items were Agency Response: The Agency agrees this requirement in the preamble of this labeled; however, the Agency that companies should be allowed rule. Declarations must be legible and encourages retailers to use placards and flexibility in providing the notice of placed in a conspicuous location as to other signage as a way to more clearly country of origin. As such, under this allow consumers to find the country(ies) indicate information to consumers as to interim final rule, companies can of origin easily and read it without the origin of the covered commodity. provide the required notification either strain when making their purchases, Accordingly, the Agency does not on the sales vehicle or at the time the and provided that existing Federal believe it is necessary to change the product is delivered to the consumer. labeling requirements must be followed. language for this provision. The Agency For example, the country of origin will address the issue of preponderance Markings information may be located on the of stickering in its compliance and Section 60.300(a) information panel of a package of frozen enforcement procedures, as applicable, produce as consumers are familiar with to ensure uniform guidance is provided Summary of Comments: Several such location for displaying nutritional to compliance and enforcement commenters stated that flexibility is and other required information. personnel. critically important to help minimize Likewise, in the case of store costs in complying with the law. These overwrap and other similar type Section 60.300(e) commenters urged AMS to permit the products, which is the type of packaging Summary of Comments: Several use of the numerous declaration options used for fresh meat and poultry commenters recommended that the as listed in the interim final rule for fish products, the information panel of the Agency allow for the use of and shellfish. Commenters also package is also considered an acceptable abbreviations for country names as long supported the use of a check box to location for the origin declaration as this as the abbreviation clearly indicates the declare country of origin information on is a location that is currently utilized for origin of a covered commodity. The covered commodities. Several providing other Federally-mandated commenters made reference to the commenters recommended that the labeling information (i.e., safe handling Agency’s policy to follow CBP’s country of origin declaration be allowed instructions, nutrition facts, and interpretation of the Tariff Act with to be made in the form of a statement ingredients statement). However, to the regard to abbreviations and stated their such as ‘‘product of the U.S.’’ or as extent practicable, the Agency belief that the Agency is not bound by simply the country name such as encourages retailers and suppliers to CBP’s interpretation. Some commenters ‘‘USA’’. The commenters pointed out place this information on the front, also recommended that the Agency utilize that this provision was contained within known as the principal display panel, of the country abbreviations established by the proposed rule, but was deleted from these types of packages so it will be the International Organization for the interim final rule for fish and readily apparent to consumers. Standardization. One commenter shellfish. pointed out the USDA accepts Agency Response: The Agency Section 60.300(d) abbreviations from intermediary believes that the law provides flexibility Summary of Comments: Several suppliers and others on records. in providing the country of origin commenters expressed support for the Agency Response: The Agency notification and this interim final rule provision in both the proposed rule and believes that the limited application of has been drafted accordingly. As such, the interim final rule for fish and abbreviations that unmistakably § 65.400(a) allows for the same shellfish that allows for commingling indicate the country of origin is flexibility in providing the origin like items in the same bulk bin even if appropriate. The CBP has a long history information as allowed in the interim they are from different origins. Several of administering the Tariff Act and has final rule for fish and shellfish, commenters asserted that it is issued numerous policy rulings with including allowing for the use of a impossible to label every single item in regard to this subject. The Agency check box. In addition, the use of the a bulk bin, that stickering efficacy is not concurs with CBP’s interpretation that name of the country only is permitted 100%, and that it is likely that some most abbreviations may not be readily

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understood by the majority of stated that the rule does not need to animal markings (i.e., ‘‘Can’’, ‘‘M’’), as consumers. The Agency does permit the establish new document or applicable, on which to base their origin use of abbreviations in supplier records recordkeeping burdens to verify country claims. This provision also applies to as long as a key or other similar of origin claims and that existing such animals officially identified as a document explaining what the records should be sufficient. Several group lot. abbreviations represent is provided. commenters recommended that the With regard to providing examples of However, the Agency does not believe Agency provide a list of example normal business records that may be that providing a key in the store for documents that would illustrate useful in verifying origin claims, the consumers to have to locate and acceptable normal business records. Agency has included some examples of decipher is appropriate or reasonable. Some of these commenters offered the records in the regulation and additional Accordingly, these recommendations following examples of documents: examples have been posted on the AMS are not adopted. However, the Agency Animal health papers, import or Web site. has added clarifying language to Customs documents, producer Location of Records § 65.400(e). affidavits, and records maintained in compliance with assessments and Summary of Comments: Several Section 60.300(f) remittances for Federally legislated commenters requested flexibility in the Summary of Comments: Numerous promotion and research programs. regulation for establishing the manner commenters recommended that the Several commenters supported the use and location in which regulated firms Agency accept State and regional label of producer affidavits. maintain records. Commenters noted designations in lieu of country of origin Agency Response: The Agency agrees that firms with multiple locations or a labeling for commodities produced in that records kept in the normal course corporate headquarters might choose to the United States. Two commenters of business likely contain sufficient centralize supplier records. Commenters recommended that retailers be information to verify origin claims. The requested that the rule permit firms to permitted to substitute more visually Act, as amended by the 2008 Farm Bill, maintain records centrally, provided the appealing and consumer-targeted labels, states that records maintained in the information is readily available and that such as ones with American flags, in course of the normal conduct of the firm has the capability to transfer it lieu of a standard or commodity label. business, including animal health to the specific retail outlet if requested Agency Response: The 2008 Farm Bill papers, import or customs documents, by USDA. The commenters stated that modified the Act to allow for the use of or producer affidavits may serve for retailers and suppliers could make State, region, or locality label verification purposes. The Act, as records available to USDA either designations to meet the country of amended, further states that the electronically by transferring computer origin notification requirements of the Secretary may not require a person that files or by facsimiles of paper statute for perishable agricultural prepares, stores, handles, or distributes documents. Some commenters commodities, peanuts, pecans, a covered commodity to maintain a requested that retailers and suppliers be macadamia nuts, and ginseng that are record of the country of origin of the given a reasonable period of time to produced in the United States. The covered commodity other than those produce records requested by the Department believes it is appropriate to maintained in the course of the normal Agency. Agency Response: The regulation expand this provision to also allow conduct of the business of such person. provides flexibility by allowing State, regional, or locality labels for Therefore, under this interim final electronic or hard copy formats, by not imported products. Therefore, under rule, upon request by USDA requiring specific records, and by this interim final rule, for perishable representatives, suppliers and retailers subject to this subpart shall make providing flexibility in where the agricultural commodities, peanuts, available to USDA representatives, records can be kept. The Agency agrees pecans, macadamia nuts, and ginseng records maintained in the normal course that retailers and suppliers could make covered commodities, State or regional of business that verify an origin claim. records available to USDA label designations are acceptable in lieu Such records shall be provided within representatives either electronically by of country of origin for both domestic 5 business days of the request and may transferring computer files or by and imported products. Accordingly, be maintained in any location. In the providing facsimiles of paper this recommendation is adopted in part. case of beef, lamb, chicken, goat, and documents. The Agency also agrees that With regard to substituting more pork, a producer affidavit shall be retailers and suppliers should be visually appealing labels, as long as considered acceptable evidence on allowed a reasonable amount of time to country of origin information is which the slaughter facility may rely to provide records to USDA provided in accordance with this initiate the origin claim, provided it is representatives upon request. Under this regulation, additional labels can be made by someone having first-hand interim final rule, the requirement to applied to the package that are more eye knowledge of the origin of the animal(s) maintain records at the retail facility has appealing. In addition, there is no and identifies the animal(s) unique to been removed. Accordingly, the standardized format for labels under the transaction. In addition, to further recommendation to allow retailers to this regulation, so suppliers and reduce the burden associated with provide records to the USDA retailers have flexibility in designing the labeling meat covered commodities with representative within some reasonable appearance of the label provided the origin information, under this interim period of time is adopted. origin declaration is legible and placed final rule, slaughter facilities that in a conspicuous location. slaughter animals that are part of a Recordkeeping Retention Recordkeeping National Animal Identification System Summary of Comments: The Agency (NAIS) compliant system or other received numerous comments regarding General recognized official identification system the recordkeeping retention Summary of Comments: Numerous (e.g., Canadian official system, Mexico requirements. One commenter was in commenters supported the acceptance official system) may choose to rely on favor of the retention period contained of existing records used in the normal the presence of an official ear tag and/ in the proposed rule. Several course of business. These commenters or the presence of any accompanying commenters recommended the one-year

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retention period contained in the retail records, the Agency believes a 1- violated the statute, the standard of interim final rule for fish and shellfish. year period is necessary to provide the willfulness is a higher bar to liability Several commenters recommended that Agency with sufficient time to conduct than the standard of negligence that is the COOL rule harmonize the record supplier compliance reviews. These encompassed in the reasonable reliance retention requirements with the FDA reviews often do not commence until standard utilized in the ‘‘liability regulations on Bioterrorism. Several several months after the product in shield.’’ commenters recommended a retention question was displayed for retail sale. Agency Response: The Agency agrees period as short as possible and pointed Accordingly, this recommendation is that the provision allowing a supplier of out that many of the covered not adopted. a covered commodity that is responsible commodities are purchased by With regard to the comment that the for initiating a country(ies) of origin consumers within a matter of weeks, Agency should adopt the recordkeeping claim to possess or have legal access to and in the case of fresh meat products, provisions required by FSIS with records that are necessary to within 40 to 60 days of production. respect to HACCP documents, the substantiate that claim is necessary. Another commenter added that even for record retention requirements contained Accordingly, this provision is included the minimal amount of frozen meat in this interim final rule are shorter than in section 65.500(b)(1) of this interim covered commodities that are sold at those required by FSIS with relation to final rule. retail, the time from production through HACCP. Accordingly, this With regard to the recommendation retail sale would be less than 6 months. recommendation is not adopted. that intermediary suppliers be required Another commenter recommended a to keep only those records that identify Responsibilities of Suppliers and their immediate suppliers and retention period of 180 days. Another Retailers commenter recommended that the subsequent recipients, this is the case Agency consider a similar Summary of Comments: Several with products that are pre-labeled with recordkeeping retention period as that commenters pointed out that in the case origin information. However, for required by FSIS with respect to HACCP of beef, lamb, and pork, most of the products that are not pre-labeled, the documents for fresh products. records necessary to verify the origin of intermediary supplier must provide the Agency Response: Based on the the livestock used to produce the origin information (and identify the comments received, the Agency agrees covered commodity will not be product unique to the transaction) in a that it is appropriate to reduce the generated by the supplier of the covered document that accompanies the product record retention requirements contained commodity. The commenters contend through retail sale. Therefore, the in the proposed rule. Many of these that it is therefore important that the Agency believes it is necessary for comments are similar to those that the regulation allow the supplier to either intermediary suppliers to also possess Agency considered in promulgating the have the records or have access to the records that identify the origin interim final rule for fish and shellfish. records as the records to verify the birth information for compliance verification Thus, the Agency believes that the country of the livestock will reside with purposes for products that are not pre- recordkeeping provisions in the interim the livestock producer that sold the labeled. final rule for fish and shellfish, which livestock months or years earlier, and With respect to the recommendation require a 1-year record retention the animal may have changed hands to require importers to maintain requirement for suppliers and centrally several times before harvest. Several adequate records to reconcile purchases, located retail records, as opposed to the commenters expressed concern with inventories, and sales of imported and 2-year requirement contained in the placing undue recordkeeping and domestic commodities, the law does not proposed rule, is appropriate. In liability burdens on livestock producers. provide the Agency with the authority addition, as discussed in more detail in Other commenters noted that only to require such detailed information nor the preamble of this regulation and the livestock producers have first-hand is such information necessary to preceding responses to comments, the knowledge of the origin of their animals. substantiate origin claims. requirement to maintain records at the One commenter recommended that With respect to the safe harbor retail store has been removed. Under USDA distinguish between suppliers provision, the 2008 Farm Bill modified this interim final rule, these records with first-hand knowledge and the enforcement provisions of the Act may now be kept in any location and intermediary suppliers. The commenter such that retailers and suppliers can must be provided to USDA upon request suggested that intermediary suppliers only be fined if after 30-days of within 5 business days of the request. should not be required to keep records receiving a notice from the Secretary With regard to the recordkeeping beyond those necessary to identify their that they are in violation of the Act, the retention time implemented by FDA immediate suppliers and subsequent retailer or supplier has not made a good under the Bioterrorism Act, the corporate recipients. Another faith effort to comply and continues to recordkeeping retention requirements commenter recommended that willfully violate the Act. Thus, the under the final rule (69 FR 71561) importers be required to maintain Agency agrees with the commenter’s issued by FDA vary based on the type adequate records to reconcile purchase, suggestion that the ‘‘liability shield’’ of product from six months to two years. inventories, and sales of imported and provides less protection for retailers and Thus, the recordkeeping requirements domestic commodities. suppliers than the statute itself. contained in this interim final rule are One commenter suggested that the Accordingly, the ‘‘liability shield’’ similar to those in the FDA regulation ‘‘liability shield’’ that entitles retailers language has been deleted from this and in some cases, are less burdensome. and others handling covered interim final rule. For a more complete discussion of the commodities to rely on the information comments the Agency considered in provided to them should be amended to Enforcement promulgating the interim final rule for reflect the statutory standard for liability Summary of Comments: The Agency fish and shellfish, readers are invited to that applies to retailers under the received numerous comments on the review that document. statute. The commenter contends that issue of enforcement. Numerous As to the recommendation for because the statute states that retailers commenters recommended that the allowing for a shorter record retention are not subject to fines unless the Agency incorporate a transition period period for supplier and centrally-located Secretary determines they have willfully prior to the rule taking effect to allow

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industries producing, processing, and implementation as that used in the achieving compliance with the retailing covered commodities time to interim final rule for fish and shellfish. requirements of this rule. clear the channels of commerce before The commenter pointed out that frozen Existing State Programs enforcing the rule. Two commenters perishable agricultural commodities recommended that AMS implement have a long shelf life and that many Summary of Comments: The Agency COOL for all covered commodities no such products will have been harvested invited comment on the proposed rule later than January 1, 2009. Several and frozen well before the rule is issued. as it relates to existing State programs. commenters did not offer a specific The commenter recommended that the One commenter recommended that implementation timeframe other than to Agency allow these products to enter USDA clarify the preemption language request that the Agency establish a the chain of commerce and only require contained in both the proposed rule and ‘‘reasonable’’ period to carry out country of origin information on frozen the interim final rule for fish and education and outreach activities. produce that was harvested and shellfish. Specifically, the commenter Several commenters referenced the processed after the final rule takes stated that USDA should recognize that language contained in the House version effect. The commenter pointed out that the Federal law ‘‘occupies the field’’ and of the 2008 Farm Bill that states that all the timing for covered meat hence, preempts State country of origin animals present in the United States on commodities is also complicated labeling laws for all products that are in or before January 1, 2008, shall be because of the lifecycle of animals. The the ambit of covered commodities. The considered of United States origin. commenter recommended that the commenter stated that States should not Other commenters recommended that Agency employ a uniform compliance be able to impose country of origin AMS should presume any meat product date policy that is used by both FDA labeling requirements on covered or animals in the channels of commerce and FSIS for frozen perishable commodities that are ingredients in prior to the rule’s implementation date agricultural commodities and meat processed food items or on those to be of United States origin. products, if not for all covered prepared in food service establishments. Several commenters urged AMS to commodities. The commenter believes that Congress has clearly spoken and concluded that establish commodity specific One commenter requested that the timeframes for the rule’s labeling shall not apply to these items. Agency recognize that a willful Agency Response: In accordance with implementation due to unique violation does not occur where a party commercial life-cycle attributes. One Executive Order 13132, the Agency does is exercising good faith efforts to comply not believe there is basis to allow for commenter suggested an 18-month with the statute. The commenter further implementation timeframe for peanuts. preemption of State laws that would stated their belief that good faith efforts One commenter suggested a six to encompass commodities that are not would include a clear program for twelve month implementation period regulated under this regulation either providing comprehensive labeling of all and another commenter suggested a because they meet the definition of a covered commodities at the store level, one-year timeframe. One commenter processed food item or because they recognizing that for various reasons, suggested timeframes based on the were prepared in food service some small percentage (perhaps 10 or average age of animals at time of establishments. No comments from 15%) of covered commodities might not harvest. Specifically, the commenter States were received. Accordingly, this bear labeling on any given day. suggested: For imported beef, pork, recommendation is not adopted. Agency Response: The effective date lamb, ground beef, ground pork and Miscellaneous ground lamb, a delayed effective date by of this regulation is September 30, 2008, at least six months; for beef, pork, lamb, because the statute provides for a Summary of Comments: Many ground beef, ground pork, and ground September 30, 2008, implementation commenters discussed the use of import lamb produced from animals imported date. However, because some of the markings to differentiate cattle of for direct harvest, a delayed effective affected industries (goat, chicken, foreign origin from cattle born and date by at least six months; for beef pecans, ginseng, and macadamia nuts) raised in the United States. These produced from animals harvested from did not have prior opportunities to commenters noted that current APHIS the United States herd, a delayed comment on this rulemaking, and the regulations require live cattle imported effective date by at least 30 months; for 2008 Farm Bill made changes to several from Canada to be branded with the ground beef, which is traditionally of the labeling provisions for meat letters ‘‘CAN’’ and live cattle imported produced from cull dairy and breeding covered commodities, it is reasonable to from Mexico to be branded with the stock, a delayed effective date of at least allow time for covered commodities that letter ‘‘M.’’ Commenters argued that 8 years; for pork produced from animals are already in the chain of commerce processors could rely on these brands harvested from the United States herd, and for which no origin information is and other import markings to segregate a delayed effective date by six months; known or been provided to clear the animals and ensure accurate country of for ground pork, which is traditionally system. Therefore, the requirements of origin notification. Many of these produced from cull breeding stock, a this rule do not apply to covered commenters argued that the absence of delayed effective date by at least 2 years; commodities produced or packaged import markings should indicate a and for lamb and ground lamb produced before September 30, 2008. In addition, ‘‘presumption of United States origin.’’ from animals harvested from the United during the six month period following AMS also received numerous comments States herd, a delayed effective date by the effective date of the regulation, AMS expressing concern about the potential at least 12 months. The commenter will conduct an industry education and for COOL to create obstacles to further suggested that during the time outreach program concerning the international trade and possible allowed to clear the channels of provisions and requirements of this conflicts with regard to United States commerce, the Agency could encourage rule. AMS has determined that this trade agreements under the World Trade retailers to voluntarily label products allocation of enforcement resources will Organization, the North American Free when the necessary information is ensure that the rule is effectively and Trade Agreement, and General available. rationally implemented. This AMS plan Agreements on Tariffs and Trade. Another commenter encouraged the of outreach and education should Several other commenters expressed Agency to utilize a similar approach for significantly aid the industry in their opinions regarding the justification

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for COOL as a food safety or animal livestock producers from undue more handling stages than domestic health measure. Several other recordkeeping and liability burdens product by the time it reaches the point commenters asserted that COOL will not placed on them by retailers and packers. of final United States retail sale. The ensure food safety or animal health. On the other hand, meat packers and commenter stated that because imported Agency Response: With respect to retailers expressed that the rule should beef, lamb and pork passes through at using import markings to segregate grant them the ability to pass liability least two countries, and through animals, the Agency believes the for noncompliance with labeling or handling by ranchers, exporters, labeling provisions contained in verification of country of origin back importers, processors, and distributors, § 65.300 of this interim final rule down the supply chain to product imported products will require a longer provide flexibility such that the need to sources. Two commenters noted that the audit trail that demands more, and segregate animals will be limited to interim final rule for fish and shellfish potentially more detailed, those suppliers that want to provide deletes the requirement for chain of recordkeeping. more specific origin information. custody documentation. One Agency Response: The Agency has However, in an effort to further reduce commenter concluded that the rule already addressed many of these the burden associated with labeling should not require intermediary comments earlier in this Comment and meat covered commodities with origin suppliers to maintain records beyond Response section. In general, the information, under this interim final those necessary to identify their Agency has reduced the recordkeeping rule, slaughter facilities that slaughter immediate suppliers and subsequent burden to the extent possible while still animals that are part of a National business customers. maintaining a verifiable audit trail. Animal Identification System (NAIS) Four commenters advocated that Compared to the proposed rule, this compliant system or other recognized USDA should require importers of interim final rule reduces the length of official identification system (e.g., designated commodities to maintain time that records must be kept, revises Canadian official system, Mexico adequate records to reconcile purchases, the recordkeeping requirements for pre- official system) may also rely on the inventories and sales of imported and labeled products, and removes the presence of an official ear tag and/or the domestic commodities in order to requirement to maintain records at the presence of any accompanying animal reduce the need for expensive and retail store. Any person engaged in the markings (i.e., ‘‘Can’’, ‘‘M’’), as burdensome affidavits or audits on business of supplying a covered applicable, on which to base their origin United States livestock producers. One commodity to a retailer, whether claims. This provision also includes commenter noted that the beef industry directly or indirectly, must maintain such animals officially identified as a is more segmented than any other records to establish and identify the group lot. industry affected by COOL and that this immediate previous source and With regard to presumption of United segmentation complicates the transfer of immediate subsequent recipient of a States origin, the 2008 Farm Bill origin information for United States beef covered commodity for a period of 1 amended the Act such that animals producers. year from the date of the transaction. present in the United States on or before Another commenter warned that the Under the proposed rule, records would July 15, 2008, and once present in the requirement to document the country of have been required to be kept for 2 United States, remained continuously in birth, raising and slaughter of livestock years. the United States will be considered of will create a tremendous recordkeeping For retailers, records and other United States origin. burden on both packers and producers; documentary evidence relied upon at With respect to the commenters’ and in some cases, it may not even be the point of sale by the retailer to concern regarding international trade possible to achieve. This commenter establish a covered commodity’s obligations, the Agency has considered contended that those packers harvesting country(ies) of origin must be these obligations throughout the older animals might find it nearly maintained for one year from the date rulemaking process and concludes that impossible to find adequate supplies of the origin declaration is made at retail this regulation is consistent with U.S. livestock for which records exist and, upon request, provided to any duly international trade obligations. regarding the location of the animal’s authorized representatives of USDA With regard to the comments on birth. The commenter added that the within 5 business days of the request. COOL serving as a food safety or animal recordkeeping burden placed on Under the proposed rule, retailers were health measure, as stated in the domestic processors might create a required to maintain these records at the preamble, the purpose of COOL is to disadvantage relative to imported retail store for 7 days following the sale provide additional information to products, which will have no such of the product. consumers on which to base their requirements to document the animal’s For pre-labeled products, the interim purchasing decisions. COOL is a retail origin back to birth. final rule provides that the label itself is labeling program and as such does not Two commenters further illuminated sufficient evidence on which the retailer provide a basis for addressing food this point. One of these noted that it may rely to establish a product’s origin. safety. Food products, both imported would be more efficient in the lamb The proposed rule did not provide for and domestic, must meet the food safety industry to focus on tracking the one to this method of substantiation. Under the standards of FDA and FSIS. three percent of United States slaughter interim final rule, records that identify representing Canadian lambs imported the covered commodity, the supplier, Preliminary Paperwork Reduction Act by a handful of individuals or firms. and for products that are not pre- Summary of Comments: USDA The commenter also pointed out that labeled, the country of origin received conflicting comments due to recordkeeping requirements for information must be maintained for a regarding liability burdens and the assessments and remittances for the period of 1 year from the date the origin maintenance of records throughout Lamb Promotion Research and designations are made at retail. Under supply channels between retailers, Information (check-off) order, a current the proposed rule, these records would suppliers and producers. Generally, audit trail exists for country of origin of have been required to be maintained for cattle, pork and lamb producers and domestic sheep. The other commenter 2 years. their trade associations provided contended that imported meat, by its In addition to these burden reducing comments supporting protections for nature, is likely to have passed through changes made by the Agency, the 2008

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Farm Bill also made several burden requirement, the cost still could exceed Another commenter believes COOL will reducing changes. Accordingly, some of $1 billion. hurt consumers because it will the concerns expressed by the Agency Response: While the Agency discourage the use of imported beef, commenters have been addressed by the believes its analysis conducted in the which will result in less ground beef 2008 Farm Bill and by this interim final PRIA in 2003 was accurate for that time, being produced and driving up the rule. For example, the statute expressly the Agency has conducted a new price. Other commenters stated their allows for the use of producer affidavits, economic impact analysis because belief that consumers think domestic so packers will be able to rely on economic conditions have changed, products are superior and are willing to affidavits to base the origin claims for updated data are available, and pay more for it. One commenter covered commodities. This will additional commodities have been included a paper written by an alleviate many of the concerns added. The commodities to be regulated economics professor entitled, ‘‘An expressed by producers. Likewise, by this regulation are muscle cuts of Overview of the Impact of COOL on under the 2008 Farm Bill, the Secretary beef, lamb, goat, pork, and chicken; Production Costs for the U.S. Cattle is prohibiting from requiring the ground beef, ground lamb, ground Producer and Results of the TFOG creation of records not already chicken, ground goat, and ground pork; Experiment’’ who concluded, in part, maintained in the normal course of perishable agricultural commodities; that the impact of COOL on the demand business, which will also reduce the ginseng; peanuts; macadamia nuts; and for beef in the United States is recordkeeping burden. In addition, the pecans. uncertain. The paper referenced 2008 Farm Bill contains a provision The results of this updated analysis different opinions expressed by such that all animals present in the show estimated first-year incremental economists and others and stated that United States on or before July 15, 2008, cost for growers, producers, processors, there is really no consensus about the will be considered of United States wholesalers, and retailers at $2.5 billion. impact of COOL on the demand for beef origin, which addresses the concerns of The estimated cost to the United States in the United States. commenters regarding adequate economy in higher food prices and Agency Response: The Agency supplies of livestock for which origin is reduced food production in the tenth interprets all of these comments as documented back to birth. A complete year after implementation of the rule is discussing COOL’s impact on the discussion of the changes made as a $211.9 million. The Agency also re- demand for covered commodities. The result of the 2008 Farm Bill can be estimated the paperwork costs and Agency maintains its position found earlier in this document. estimated those to be $126 million in concerning the impact of COOL on the initial and startup costs during the first demand for all the covered products as Preliminary Regulator Impact Analysis year and $499 million per year to store presented in the Regulatory Impact and maintain the records thereafter. Analysis. Summary of Comments: Numerous With regard to the commenters’ Summary of Comments: One comments were submitted stating that statements regarding segregation, this commenter stated that COOL USDA underestimated the interim final rule provides flexibility in implementation and maintenance costs implementation and maintenance costs how products of multiple origin can be can be minimized by streamlining of the COOL program. One commenter labeled. Thus, the costs associated with regulatory requirements. stated that the implementation costs labeling products of multiple origin will Agency Response: As previously plus two years of maintenance costs likely be less than the upper range discussed, the Agency has made totaled $49 million. Another commenter estimate in the PRIA as the proposed changes that streamline both the provided an estimated total rule did not contain this flexibility. A regulatory and paperwork burden implementation cost of $236,000 for complete discussion on labeling aspects of COOL. For example, the planning, software, training, and capital. products of multiple origin is contained definition of a processed food item has It provided an estimated annual in the Highlights of this Interim Final been changed such that a greater maintenance cost of $279,300 for Rule section earlier in this document. number of products are now exempt maintenance of hardware/software, Summary of Comments: One from COOL requirements. The fewer the operation costs, and packaging. Their commenter stated their belief that number of products that must be reported net economic impact was statute is intended to disadvantage labeled, the lower implementation and ¥ $516,200. A third commenter stated imported meat. maintenance costs will be for many that retailers experienced actual first Agency Response: Both importers and affected entities. Another example is year implementation costs of $9,000 to domestic suppliers are required to meet that the overall recordkeeping retention $16,500 per store for seafood labeling, the requirements of the rule. The period for retailers and suppliers is and intermediary suppliers experienced Agency believes that firms will find reduced from 2 years to 1 year for costs between $200,000 and $250,000 efficient ways to comply with the centrally located records and the per firm. They reported that one retailer requirements of the rule. requirement to maintain records at the saw a $0.07 per pound (less than 2 Summary of Comments: One retail store has been removed. These percent) increase in cost of goods from commenter stated that the authorizing records can now be maintained in any its suppliers directly attributable to the legislation was not a ‘‘Pro-Consumer’’ location. requirements necessary to comply with safety measure. In addition to the changes made by country of origin labeling. A fourth Agency Response: As discussed in the Agency in an effort to reduce the commenter discussed the capital more detail in the preamble and in other burden of complying with this rule, expenditures necessary to meet the responses to comments earlier in this changes have also been made as a result product segregation requirements for section, COOL is not a food safety of the 2008 Farm Bill. For example, the beef and pork slaughter plants. This measure. COOL provides more 2008 Farm Bill and this interim final commenter estimated that cost to exceed information to consumers on which to rule provide for flexibility in labeling $2 billion. The commenter stated their base their purchasing decisions. products of multiple origin. In addition, belief that even with those plants that Summary of Comments: Several the 2008 Farm Bill allows for the use of can be identified as ‘‘All-American’’ and commenters believe that COOL will producer affidavits and prohibits the exempt from the segregation have an adverse impact on beef demand. Secretary from requiring the creation of

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records that are not already maintained USDA Economic Research Service (ERS) from these studies do not take into as part of the normal course of business. data revealed that United States origin account changes in consumers’ A complete discussion of the changes lamb enjoyed a $.40 per pound price preferences for a particular product or made by the Agency, including the advantage compared to imported lamb product attribute over time. changes made as a result of the 2008 products. The commenter further stated Summary of Comments: One Farm Bill, can be found earlier in this that using ERS retail data released in commenter noted that COOL could document. The Agency believes these January 2003, the two-year combined serve as a risk management measure. changes as a whole have greatly reduced volume-weighted average price of Some countries, which may not have as the burden on affected industries and domestic lamb was $4.30 per pound. stringent food safety regulations and/or the cost estimates for the For imported lamb, it was $3.90 per have not implemented/enforced those implementation of this rule have been pound. regulations as rigorously as the U.S., lowered significantly as discussed in the Agency Response: The Agency has may export hazardous food products. RIA. determined that the relationship COOL could allow consumers to avoid Summary of Comments: Several between domestic and imported lamb such food items as the need arose. commenters pointed out that many prices change over time. In some years Agency Response: As previously products are already labeled as to domestic prices will be higher and in discussed in the preamble of this rule country of origin pursuant to existing other years imported prices will be and in other responses to comments, laws. One commenter illustrated that higher. The commenter was examining COOL provides consumers with more retailers provide origin labeling on more 2001 and 2002 data. An examination of information on which to base their than 60 percent of the top 20 fruits and monthly retail scanner prices provided purchases. Food products, both top 20 vegetables (by consumption). by ERS from January 2004 through imported and domestic, must meet the This commenter added that the industry December 2005 indicates that imported food safety standards of FDA and FSIS. is now providing such labeling and will lamb prices per pound sold as a COOL will permit consumers to choose continue to do so. These same premium as compared to domestic lamb the origin of the foods they purchase. commenters also contended that for this time period. Thus, it cannot be Summary of Comments: Two additional country of origin labeling assumed that origin information commenters asserted their belief that the requirements are unnecessary and consistently provides a net benefit in utility of COOL is unsubstantiated and would impose enormous additional the form of higher prices for domestic that it imposes onerous costs on covered costs on all segments of the food chain. lamb. commodities with no quantifiable They argued that the cost of mandatory Summary of Comments: One benefits. The commenters believe that country of origin labeling is significant commenter cited three studies (surveys) mandatory COOL should thus be and will not provide consumer benefit. that found consumers overwhelmingly repealed and replaced with a voluntary Agency Response: If 60 percent of the desire COOL and believe they have a program. top 20 fruits and the top 20 vegetables right to know such information. One Agency Response: While it may be are already labeled with origin study, conducted in early June 2007, difficult to quantify the benefits information as stated by the commenter, found that 92 percent thought that associated with mandatory COOL, the the Agency would expect that the cost imported food should be labeled as to COOL program must be implemented on of implementing COOL for the its country of origin. Another study September 30, 2008, in accordance with remaining fruit and vegetable products (survey), conducted in March 2007, the statute. may be less than what the Agency is found that 82 percent of the people estimating. However, it is difficult to polled supported mandatory COOL. Preliminary Regulatory Flexibility quantify the associated cost savings. As Finally, a study (survey) conducted in Analysis for the cost of implementing and mid-July 1997 found that 88 percent of Summary of Comments: Several maintaining COOL, these commenters those polled said all retail food should commenters urged the Agency to ensure did not offer any quantitative data to have COOL. This study also showed that small businesses were not burdened support their claim. that 94 percent believe that consumers with unnecessary recordkeeping Summary of Comments: One have a right to know the country of requirements. One commenter noted commenter reported that they origin of the foods they purchase. that paperwork and recordkeeping implemented COOL without burden or Agency Response: The Agency does burdens continue to be top concerns for noticeable expense. This commenter is not believe that these types of studies small businesses. a retailer who believed its customers are provide a sufficient basis to estimate the Agency Response: In the initial demanding to know the origin of the quantitative benefits, if any, of COOL. regulatory flexibility analysis, the foods they see for sale. They have As discussed in the Regulatory Impact Agency noted that costs of completed labeling the country of origin Analysis, there are several limitations implementation may be proportionately on all of its beef, pork, lamb, peanuts with the willingness-to-pay studies that higher for smaller versus larger firms and fresh produce (in addition to call into question the appropriateness of given the potential scale of economies seafood) without any burden or using this approach to make associated with the operation of systems noticeable expense. They believe this determinations about the benefits of this to comply with the requirements of improved traceability reduced their risk. rule. First, consumers in such studies mandatory country of origin labeling. In Agency Response: The Agency views often overstate their willingness to pay particular, larger firms would have the this comment as supporting the for a product. Second, in most of these ability to spread fixed costs of Agency’s contention that firms will willingness-to-pay studies, consumers implementation over a greater number adapt their existing infrastructure as are not faced with the actual choices of units of production, thereby incurring needed to comply with COOL and that they would face at retail outlets. Third, lower average costs per unit. firms will find the most cost effective consumers’ willingness-to-pay as However, the Agency has drafted this way of doing so. elicited from a survey is a function of rule to provide as much regulatory relief Summary of Comments: In support of the questions asked. Different for small entities as possible within the the benefits of the mandatory COOL questionnaires will yield different limits of the discretionary authority program, one commenter noted that results. Finally, the results reported provided by the law. For example, the

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Agency has reduced the recordkeeping rule that would have an effect on the USDA finds little evidence that retention period and has provided economy of $100 million or more in any consumers are willing to pay a price flexibility in labeling commingled one year. This rule has been reviewed premium for country of origin labeling covered commodities and commodities by the Office of Management and (COOL). USDA also finds little evidence of multiple origin. In addition, the rule Budget (OMB). Executive Order 12866 that consumers are likely to increase allows market participants to decide requires that a regulatory impact their purchase of food items bearing the how best to implement COOL in their analysis be performed on all United States origin label as a result of operations. And, market participants economically significant regulatory this rulemaking. Current evidence does other than those retailers defined by the actions. not suggest that United States producers statute can decide to sell products This interim final rule defines will receive sufficiently higher prices through marketing channels not subject covered commodities as muscle cuts of for United States-labeled products to to the rule. The Agency further assumes beef, lamb, goat, pork, and chicken; cover the labeling, recordkeeping, and that in the longer run, higher costs will ground beef, ground lamb, ground pork, other related costs. The lack of be passed on to consumers in the form ground goat, and ground chicken; widespread participation in voluntary of higher prices for the covered perishable agricultural commodities; programs for labeling products of commodities. ginseng; peanuts; macadamia nuts; and United States origin provides evidence Summary of Comments: Several pecans. This interim final rule together that consumers do not have strong commenters said that recordkeeping and with the interim final rule for fish and enough preferences for products of other costs of compliance will fall shellfish that was published in the United States origin to support price disproportionately on smaller, October 5, 2004, Federal Register (69 FR premiums sufficient to recoup the costs independent farmers. One of these 89708) define the full scope of covered of labeling. commenters noted that the position of commodities as defined by law. Statement of Need small, independent farmers may be This regulatory impact assessment Justification for this interim final rule weakened due to this additional burden. reflects revisions to the Preliminary Agency Response: As noted in the remains unchanged from the PRIA. This Regulatory Impact Assessment Agency’s previous response, the initial rule is the direct result of statutory (PRIA)(68 FR 61944). Revisions to the regulatory flexibility analysis showed obligations to implement the COOL PRIA were made as a result of changes that costs of implementation may be provisions of the 2002 and 2008 Farm to the rule relative to the October 30, proportionately higher for smaller Bills. There are no alternatives to 2003, proposed rule, and comments versus larger firms. However, the Federal regulatory intervention for Agency believes smaller farmers may received on the proposed rule for all implementing this statutory directive. have some implementation cost covered commodities. The COOL provisions of the Act advantages over larger farms. Smaller The Comments and Responses section change current Federal labeling farms likely have simpler recordkeeping lists the comments received and requirements for muscle cuts of beef, systems, and thus would incur lower provides the Agency’s responses to the pork, lamb, goat, and chicken; ground development costs relative to larger comments. Where substantially beef, ground pork, ground lamb, ground farms. The rule does not prescribe a unchanged, results of the PRIA are goat, and ground chicken; perishable particular recordkeeping system; so for summarized herein, and revisions are agricultural commodities; ginseng; example, a small fruit and vegetables described in detail. Interested readers peanuts; macadamia nuts; and pecans operation likely would be able to are referred to the text of the PRIA for (hereafter, covered commodities). Under maintain records in hardcopy form a more comprehensive discussion of the current Federal laws and regulations, rather than developing a complicated assumptions, data, methods, and results. COOL is only universally required for electronic recordkeeping system. Summary of the Economic Analysis wild and farm-raised fish and shellfish Summary of Comments: Several covered commodities. In particular, commenters asserted their belief that The estimated benefits associated labeling of United States origin is not COOL would provide benefits to small with this interim final rule are likely to currently mandatory for the other producers and consumers at reasonable be small. The estimated first-year commodities and labeling of imported implementation costs. One commenter incremental costs for growers, products at the consumer level is explained that for truly small producers producers, processors, wholesalers, and required only in certain circumstances. (less than 50 animals), mandatory COOL retailers are $2.5 billion. The estimated As described in the PRIA, the will create a niche market. cost to the United States economy in conclusion remains that there does not Agency Response: The Agency higher food prices and reduced food appear to be a compelling market failure believes that the firms within each of production in the tenth year after argument regarding the provision of the industries will competitively adjust implementation of the rule is $211.9 country of origin information. to the provisions of COOL. Some may million. Comments received on the PRIA and create niche markets while others may Note that this analysis does not subsequent requests for comments provide covered commodities to quantify certain costs of the rule such as elicited no evidence of significant retailers, the food service industry, and the cost of the rule after the first year, barriers to the provision of this the away from home food markets or the cost of any supply disruptions or information other than private costs to which are not covered by COOL. any other ‘‘lead-time’’ issues. Except for firms in the supply chain and low the recordkeeping requirements, there is expected returns. Thus, from the point Executive Order 12866—Regulatory insufficient information to distinguish of view of society, market mechanisms Impact Analysis between first-year startup and would ensure that the optimal level of USDA has examined the economic maintenance costs versus ongoing country of origin information would be impact of this interim final rule as maintenance costs for this interim final provided. required by Executive Order 12866. rule. Maintenance costs beyond the first USDA has determined that this year are expected to be lower than the Alternative Approaches regulatory action is economically combined startup and maintenance The PRIA noted that many aspects of significant, as it is likely to result in a costs required in the first year. the mandatory COOL provisions

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contained in the Act are prescriptive the retailer may rely to establish the The law also states that for perishable and provide little regulatory discretion product’s origin. Thus, the retailer’s agricultural commodities, peanuts, for this rulemaking. Some commenters records would not need to show country pecans, macadamia nuts, and ginseng suggested that USDA explore more of origin information for that bag of produced in the United States, opportunities for less costly regulatory apples, but the retailer’s records would designation of the State, region, or alternatives. Specific suggestions need to include information to allow the locality of the United States where such focused on methods for identifying source of those apples to be tracked commodity was produced shall be country of origin, recordkeeping back through the system to allow the sufficient to identify the country of requirements, and the scope of products country of origin claim to be verified at origin. required to be labeled. the point in the system at which the As noted in the PRIA, the law stated A number of comments on the PRIA claim was initiated. Under the proposed that COOL applies to the retail sale of suggested that USDA adopt a rule, the retailer would have also been a covered commodity beginning ‘‘presumption of United States origin’’ required to identify the country of origin September 30, 2004. Subsequent to the standard for identifying commodities of of the bag of apples within its publication of the proposed rule, the United States origin. Under this recordkeeping system; the information law was amended to change the standard, only imported livestock and provided on the bag itself would not implementation date to September 30, covered commodities would be required have been sufficient. This change in 2008, for all covered commodities to be identified and tracked according to recordkeeping requirements should except farm-raised and wild fish and their respective countries of origin. Any lessen the number of changes that shellfish. The implementation date for livestock or covered commodity not so entities in the distribution chain need to fish and shellfish covered commodities identified would then be considered by make to their recordkeeping systems was September 30, 2004. The delay of presumption to be of United States and should lessen the amount of data the effective date of the labeling origin. A presumption of origin standard entry that is required. requirements under the law provides would require mandatory identification This interim final rule changes the affected entities with additional time to of products not of United States origin. definition of a processed food item such adjust their systems to comply with the The law, however, specifically prohibits that a greater number of products are requirements of the law and this rule. USDA from using a mandatory now exempt from COOL requirements. Analysis of Benefits and Costs identification system to verify the The fewer the number of products that As in the PRIA, the baseline for this country of origin of a covered must be labeled, the lower commodity. In addition, as discussed in analysis is the present state of the implementation and maintenance costs affected industries absent mandatory the proposed rule, the Agency does not for many affected entities. believe that a presumption of United COOL. USDA recognizes that some The 2008 Farm Bill contains a number States origin standard provides a means affected firms have already begun to of provisions that amended the COOL of providing country of origin implement changes in their operations provisions in the Act. In general, these information that is credible and can be to accommodate the law and the verified. Comments on the proposed changes provide for greater flexibility in expected requirements of this interim rule did not identify how to overcome labeling by retailers and suppliers and final rule. these obstacles. Thus, a presumption of reduces the burden on livestock Because the Act contains an United States origin standard is not a producers. For example, the 2008 Farm implementation date of September 30, viable alternative. Bill provides for flexibility in labeling 2004, for wild and farm-raised fish and With regard to alternatives for ground products by allowing the notice September 30, 2008, for all other recordkeeping, a number of commenters of country of origin to include a list of covered commodities, the economic suggested that USDA reduce the countries contained therein or that may impacts of the rule will be staggered by recordkeeping burden for the rule. In reasonably be contained therein. In four years. The analysis herein of this interim final rule, the requirement addition, the law provides flexibility in economy wide costs of the rule abstracts to maintain records at the retail store labeling meat covered commodities away from the staggered dates of has been removed. In addition, the derived from animals of multiple implementation and treats all overall recordkeeping retention period countries of origin. For example, under commodities as having the same for retailers and suppliers is reduced this interim final rule, if an animal was effective date of implementation. As from 2 years to 1 year. born, raised, and/or slaughtered in the discussed more fully below, a two- The interim final rule also United States and was not imported for pronged approach was used to estimate ‘‘streamlines’’ the required immediate slaughter as defined in the costs of this rule. While direct fish recordkeeping for items that are pre- § 65.180, the origin of the resulting meat costs are not specifically included and labeled (i.e., labeled by the products derived from that animal may discussed in this analysis, they have manufacturer/first handler) with the be designated as Product of the United been updated using more recent data required country of origin information. States, Country X, and/or (as applicable) and used to estimate the overall impacts Records that demonstrate the chain of Country Y where Country X and of this rule on the United States custody (immediate previous source and Country Y represent the actual or economy even though labeling of fish subsequent recipient) for all covered possible countries of foreign origin. was implemented in 2004 and no new items must be maintained, but the The law also provides that meat from regulations for fish are forthcoming from underlying records (e.g., invoices, bills animals present in the United States on this rule. This was done to take into of lading, production and sales records, or before July 15, 2008, and once account all the cross-commodity effects etc.) do not need to identify the country present in the United States, remained of this rule. The results of the analysis of origin of these pre-labeled products. continuously in the United States, may are not significantly affected by this For example, if a processor labels the be labeled as having a United States simplifying assumption. country of origin on a bag of apples, and origin. Additionally, the law states that Benefits: The expected benefits from the apples ultimately are sold in that producer affidavits shall be considered implementation of this rule are difficult package at retail, then that label may sufficient records documenting animals’ to quantify. The Agency’s conclusion serve as sufficient evidence on which origin. remains unchanged, which is that the

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benefits will be small and will accrue addition, foods imported into the shellfish, this revised regulatory impact mainly to those consumers who desire United States must meet food safety assessment presents only a single set of country of origin information. Several standards equivalent to those required anticipated costs. Comments analysts conclude that the main benefit of products produced domestically. representing affected entities clearly is the welfare effect resulting from Costs: To estimate the costs of this described that compliance with the rule removing informational distortions rule, a two-pronged approach was would require changes beyond associated with not knowing the origin employed. First, implementation costs recordkeeping alone. The revised of products (Ref. 1). Numerous for firms in the industries directly incremental cost estimates reflect not comments received on previous COOL affected by the rule were estimated. The only the revised definition of a rulemaking actions indicate that there implementation costs on directly processed product but the changes made clearly is interest by some consumers in affected firms represent increases in as a result of the 2008 Farm Bill, the the country of origin of food. The capital, labor, and other input costs that additional recordkeeping costs and mandatory COOL program may provide firms will incur to comply with the additional payments by the directly additional benefits to these consumers. requirements of the rule. These costs are affected firms for capital, labor, and However, commenters provided no expenses that these particular firms other expenses that will be incurred as additional substantive evidence to alter must incur, and thus represent the a result of operational changes to the Agency’s conclusion that the opportunity costs of the rulemaking. comply with the rule. measurable economic benefits of These costs, however, are not First-year incremental costs for mandatory COOL will be small. necessarily dead weight losses to the directly affected firms are estimated at Additional information and studies United States economy, as measured by $2.5 billion, a reduction of $1.4 billion cited by commenters were of the same the value of goods and services that are or 36 percent from the upper range type identified in the PRIA—namely, produced. This is simply because estimate presented in the proposed rule. consumer surveys and willingness-to- increases in capital, labor, and other Costs per firm are estimated at $376 for pay studies, including the most recent inputs necessary to comply with the producers, $53,948 for intermediaries studies reviewed for this analysis (Ref. rule will benefit the providers of such (such as handlers, importers, processors, 2; Ref. 3). The Agency does not believe inputs. In order to estimate the net and wholesalers), and $235,551 for that these types of studies provide a decrease in economic activity as a result retailers. sufficient basis to estimate the of this rulemaking, the implementation To assess the overall net impacts of quantitative benefits, if any, of COOL. cost estimates were applied to a general the higher costs of production resulting There are several limitations with the equilibrium model to estimate overall from the rule, we used a computational willingness-to-pay studies that call into impacts on the United States economy general equilibrium (CGE) model of the question the appropriateness of using after a 10-year period of economic United States economy developed by this approach to make determinations adjustment. The general equilibrium USDA’s Economic Research Service about the benefits of this rule. First, model provides a means to estimate the (ERS) (Ref 4). The model was adjusted consumers in such studies often change in overall consumer purchasing by imposing the estimated overstate their willingness to pay for a power after the economy has adjusted to implementation costs on the directly product. This typically happens because the requirements of the rule. In impacted segments of the economy. survey participants are not constrained addition, since the Department has not That is, the costs of implementation by their normal household budgets identified a market failure associated increase costs of production for directly when they are deciding which product with this rulemaking and therefore does impacted firms, and these increased or product feature they most value. not believe the rule would have costs of production were imposed on Second, in most of these willingness-to- measurable benefits, we believe this net the CGE model. The model estimates pay studies, consumers are not faced decrease in economic activity can be changes in prices, production, exports, with the actual choices they would face considered the overall net costs and imports as the directly impacted at retail outlets. Third, consumers’ (benefits minus costs) of this industries adjust to higher costs of willingness-to-pay as elicited from a rulemaking. production over the longer run (10 survey is a function of the questions Details of the data, sources, and years). The CGE model covers the whole asked. Different questionnaires will methods underlying the cost estimates United States economy, and estimates yield different results. Finally, the are provided in the PRIA. This section how other segments of the economy results reported from these studies do provides the revised cost estimates and adjust to changes emanating from the not take into account changes in describes revisions made to the PRIA. directly affected segments and the consumers’ preferences for a particular In the PRIA, a range of estimated resulting change in overall productivity product or product attribute over time. implementation costs were developed to of the economy. As was the case in the interim final reflect the likely range of first-year costs Overall net costs to the United States rule for fish and shellfish, a number of for directly affected firms to comply economy in terms of reduced commenters pointed to additional food with the proposed rule. The lower range purchasing power resulting from a loss safety incidents that occurred in 2007, of incremental cost estimates reflected in productivity after a decade of suggesting that mandatory COOL would the costs to modify and maintain adjustment are estimated at $211.9 provide food safety benefits to current recordkeeping systems, while million in the tenth year. Domestic consumers. As discussed in the PRIA, the upper range of estimates reflected production for all of the covered however, mandatory COOL does not other capital and operational costs to commodities at the producer and retail address food safety issues. Appropriate comply with the proposed rule. We levels, except for fruits and vegetables, preventative measures and effective concluded in the PRIA that costs likely is estimated to be lower, and prices are mechanisms to recall products in the would fall in the middle to upper end estimated to be higher, compared to the event of contamination incidents are the of the range of estimated costs. Taking absence of this rulemaking. Fruit and means used to protect the health of the into account comments received on the vegetable production, exports, and entire consuming public regardless of proposed rule and the PRIA, as was the imports are estimated to increase even the form in which a product is case in the regulatory impact analysis in though costs increase due to this consumed or where it is purchased. In the interim final rule for fish and rulemaking, likely due to substitution

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effects attributable to the differential quantities of their products demanded provide country of origin information cost impacts of the rule. In addition, also decline. Consumers pay slightly for the covered commodities that they United States exports are estimated to more for the products and purchase less sell, and firms that supply covered decrease for all covered commodities of the covered commodities. Overall, the commodities to these retailers must except for fruits and vegetables. model indicates that the net loss to provide them with this information. In Compared to the baseline of no society, or the ‘‘deadweight’’ burden of addition, virtually all other firms in the mandatory COOL, United States imports the rule, is considerably smaller than supply chain for the covered are estimated to increase for fruits and the incremental opportunity costs to commodities are potentially affected by vegetables, cattle and sheep, hogs, directly affected firms that were the rule because country of origin chicken, and fish. United States imports imposed on the model. The remainder information will need to be maintained of broilers, beef and veal, and pork are of this section describes in greater detail along the entire supply chain. estimated to decrease. how the estimated direct, incremental Number of firms and number of The findings indicate that, consistent costs and the overall net costs to the establishments affected: This rule is with standard economic theory, directly United States economy are developed. estimated to directly or indirectly affect affected industries recover a portion of Cost assumptions: This rule directly approximately 1,256,000 establishments the higher costs imposed by the rule regulates the activities of retailers (as owned by approximately 1,222,000 through slightly higher prices for their defined by the law) and their suppliers. firms. Table 1 provides estimates of the products. With higher prices, the Retailers are required by the rule to affected firms and establishments.

TABLE 1—ESTIMATED NUMBER OF AFFECTED ENTITIES

Type Firms Establishments

Beef, Lamb, Pork, and Goat: Cattle and Calves ...... 971,400 971,400 Sheep and Lamb ...... 69,090 69,090 Hogs and Pigs ...... 65,540 65,540 Goats ...... 9,146 9,146 Stockyards, Dealers & Market Agencies ...... 6,807 6,807 Livestock Processing & Slaughtering ...... 2,943 3,207 Meat & Meat Product Wholesale ...... 2,509 2,706 Chicken: Chicken Producer and Processor ...... 38 168 Chicken Wholesaler/Distributor ...... 510 564 Perishable Agricultural Commodities: Fruits & Vegetables ...... 79,800 79,800 Ginseng Farms ...... 190 190 Ginseng Dealers ...... 46 46 Frozen fruit, juice & vegetable mfg ...... 155 247 Fresh fruit & vegetable wholesale ...... 4,654 5,016 Peanuts, Pecans, & Macadamia Nuts: Peanut Farming ...... 650 650 Macadamia Farming ...... 53 53 Pecan Farming ...... 1,119 1,119 Roasted nuts & peanut butter mfg ...... 8 9 Peanuts, Pecans, & Macadamia Wholesalers ...... 5 5 General line grocery wholesalers ...... 3,037 3,436 Retailers ...... 4,040 36,392

Totals: Producers ...... 1,197,026 1,197,156 Handlers, Processors, & Wholesalers ...... 20,674 22,043 Retailers ...... 4,040 36,392

Grand Total ...... 1,221,740 1,255,591

Information in the PRIA for the roasted and dry-roasted peanuts. Only consistent with levels reported in the numbers of affected producers has been green and raw nuts are required by PRIA (as applicable) due to the large updated with more recent information. COOL because other product forms are percentage of product forms not covered Other changes from the PRIA are not covered by this regulation due to the by this rule. The number of peanut reductions in the numbers of affected definition of a processed food item. producers is reduced from 13,000 to entities in the peanut sector, and Market shares for green and raw nuts 650, the number of macadamia nut consequently, in the totals. In addition, sold at affected retailers are not producers is estimated at 53, the affected entities in the chicken, goat, available, but the volume of sales is number of pecan producers is estimated ginseng, macadamia nut, and pecan certainly very small in comparison to at 1,119, the number of peanut, industries have been added. The rule roasted peanuts. For purposes of macadamia nut and pecan processing covers only ginseng root. As previously estimation, the numbers of affected (which includes drying) firms is discussed, the rule does not cover most entities at each level of the peanut, estimated at 8, and the number of product forms of peanuts, macadamia macadamia nuts, and pecan sectors peanut, macadamia nut, and pecan nuts, and pecans sold at retail, such as were reduced to 5 percent of their totals, wholesaling firms is estimated at 5.

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The chicken industry is somewhat the findings of the available studies more complex if products are from more different from the other covered about the rule’s potential costs. than one country. The efficiency of commodities. One major difference is Cost drivers: This rule is a retail operations may be affected as products that chicken firms are highly vertically labeling requirement. Retail stores move through the receiving, storage, integrated and the integrators own the subject to this rule will be required to processing, and shipping operations. birds from the time they hatch to the inform consumers as to the country of For packers and processors handling time they sell the birds directly to origin of the covered commodities that products from multiple origins, there retailers or to another processor or they sell. To accomplish this task, may also be a need to separate shifts for distributor. There are 38 chicken individual package labels or other point- processing products from different companies in the United States of-sale materials will be required. If origins, to split processing within shifts, operating 168 slaughtering plants. The products are not already labeled by or to alter labels to correctly identify the integrators dictate all aspects of the suppliers, the retailer will be country or countries of origin. However, production process to the growers who responsible for labeling the items or in the case of meat covered are under contractual obligation to providing the country of origin commodities, there is flexibility in grow-out chickens for one of the information through other point-of-sale labeling covered commodities of integrators. All decisions from when to materials. This may require additional multiple origins under this interim final populate a grower’s farm, to feed retail labor and personnel training. rule. In the case where products of formulation, veterinarian services, and Modification to existing recordkeeping different origins are segregated, costs are harvesting the mature chickens are systems likely will be required to ensure likely to increase. Records will need to made by the integrator. The grower that products are labeled accurately and be maintained to ensure that accurate supplies the chicken houses and the to permit compliance and enforcement country of origin information is retained labor. reviews. For most retail firms of the size throughout the process and available to Of all the chicken sold to retailers, defined by the statute (i.e., those permit compliance and enforcement 68.9 percent comes directly from the retailing fresh and frozen fruits and reviews. In the case of beef, lamb, integrator, 27.7 percent through a vegetables with an invoice value of at chicken, goat, and pork, a producer distributor, and the remaining from least $230,000 annually), we assume affidavit shall be considered acceptable brokers and further processors. With 95 that recordkeeping will be evidence on which the slaughter facility percent of the chickens produced/ accomplished primarily by electronic may rely to initiate the country of origin processed under vertical integration, means. Modifications to recordkeeping claim. keeping track of the product should be systems will require software Processors handling only domestic less burdensome than for other covered programming and may entail additional origin products or products from a computer hardware. Retail stores are single country of origin may have lower commodities. For the vertically also expected to undertake efforts to implementation costs compared with integrated firms, the main cost will be ensure that their operations are in processors handling products from stepping-up their on-going tracking compliance with the rule. multiple origins. Procurement costs also system, if they do not have an adequate Prior to reaching retailers, most may be unaffected in this case, if the system already, more labeling, and more covered commodities move through processor is able to continue sourcing involvement in ensuring the required distribution centers or warehouses. products from the same suppliers. information is sent to retailers for each Direct store deliveries (such as when a Alternatively, a processor that currently load of product, if the product is not local truck farmer delivers fresh sources products from multiple already pre-labeled for COOL. produce directly to a retail store) are an countries may choose to limit its source It is assumed that all firms and exception. Distribution centers will be to fewer countries or a single country. establishments identified in Table 1 will required to provide retailers with In this case, such cost avoidance would be affected by the rule, although some country of origin information. This be partially offset by additional may not produce or sell products likely will require modification of procurement costs to source supplies ultimately within the scope of the rule. existing recordkeeping processes to from a single or narrower country of While this assumption may overstate ensure that the information passed from origin. Additional procurement costs the number of affected firms and suppliers to retail stores permits may include higher transportation costs establishments, we nevertheless believe accurate product labeling and permits due to longer shipping distances and the assumption is reasonable. Detailed compliance and enforcement reviews. higher acquisition costs due to supply data are not available on the number of Additional labor and training may be and demand conditions for products entities categorized by the marketing required to accommodate new processes from a particular country of origin, channels in which they operate and the and procedures needed to maintain the whether domestic or foreign. specific products that they sell. flow of country of origin information At the production level, agricultural Source of cost estimates: To develop through the distribution system. There producers need to maintain information estimates of the cost of implementing may be a need to further separate in existing records to establish country this rule, comments on the proposed products within the warehouse, add of origin information for the products rule as well as the interim final rule for storage slots, and alter product stocking, they produce and sell. Country of origin fish and shellfish were reviewed and sorting, and picking procedures. information will need to be transferred available economic studies were also Packers and processors of covered to the first handler of their products, examined. No single source of commodities will also need to inform and records sufficient to allow the information, however, provided retailers and wholesalers as to the source of the product to be traced back comprehensive coverage of all economic country of origin of the products that will need to be maintained as the benefits and costs associated with they sell. To do so, their suppliers will products move through the supply mandatory COOL for all of the covered need to provide documentation chains. In the case of beef, lamb, commodities. Available information and regarding the country of origin of the chicken, goat, and pork, a producer knowledge about the operation of the products that they sell. Maintaining affidavit shall be considered acceptable supply chains for the covered country of origin identity through the evidence on which the slaughter facility commodities were used to synthesize packing or processing phase may be may rely to initiate the country of origin

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claim. In general, additional producer product identification, and labor and production that are affected (Table 2). costs include the cost of modifying and training. Relative to the PRIA, estimated maintaining a recordkeeping system for Incremental cost impacts on affected quantities are reduced for peanut country of origin information, animal or entities: To estimate the direct costs of producers and for all commodities at the this rule, the focus is on those units of intermediary and retailer levels.

TABLE 2—ESTIMATED ANNUAL UNITS OF PRODUCTION AFFECTED BY MANDATORY COUNTRY OF ORIGIN LABELING

Peanuts, Lamb and Fruit, pecans, and Beef Pork goat Chicken vegetable, macadamia and ginseng nuts

Million Head Million Pounds

Producer ...... 33.9 104.8 2.9 45,012.9 120,388.5 212.7

Million Pounds

Intermediary ...... 24,890 6,721 354 27,710 99,449 11 Retailer ...... 8,193 2,330 133 17,645 47,078 5

For livestock, the relevant unit of pecans sold at retail are subject to the Pork production at the intermediary production is an animal because there requirements of this rule because of the level is reduced by 12.2 billion pounds. will be costs associated with definition of a processed food item. Unlike beef and lamb, much of the pork maintaining country of origin Green and raw peanuts are specialty carcass typically is processed into information on each animal. These costs items typically sold at roadside stands, products that would not be covered may include recordkeeping and ear through mail order, and at specialty under the COOL rule. For example, tagging and other related means of shops. These items frequently are not most of the ham and bacon are cured, identification on either an individual carried by many of the retailers subject and other cuts such as picnic meat are animal or lot basis. Annual domestic to this rule. Statistics on the size of this used for sausage and other processed slaughter numbers are used to estimate niche market are not readily available. products. Thus, a factor of 0.375 is the flow of animals through the live We assume that no more than 5 percent applied to pork production at both the animal production segment of the of the sales of peanuts at subject intermediary and retailer levels, which supply chain. Estimates have changed retailers are sold as green or raw is the estimate of the proportion of the from the PRIA due to the addition of the peanuts. Therefore, the initial estimates retail-weight pork carcass that is used new commodities (chicken, goats, of the volume of peanuts affected by this for fresh pork cuts that would require macadamia nuts, pecans, and ginseng), rule are reduced to 5 percent of the country of origin labeling under the the use of more up-to-date information amounts estimated in the PRIA. rule. The cuts assumed to be covered for previously included commodities, Macadamia nuts and pecans have been commodities are fresh ham, all of the the revised definition of a processed included with peanuts. loin cuts, spareribs, and the entire product and of ground beef, and We assume that all sales by Boston butt. We recognize that some of changes made to the COOL provisions intermediaries such as handlers, these cuts will be processed into items by the 2008 Farm Bill. packers, processors, wholesalers, and not covered by the rule, while other cuts For chicken producers, production is importers will be affected by the rule. will be sold in unprocessed forms that measured by round weight (live weight) Although some product is destined would be covered by the rule. In the pounds. exclusively for foodservice or other PRIA, the 37.5 percent adjustment factor For fruits and vegetables, we assume channels of distribution not subject to was applied at the retailer level, but not that essentially all production is the rule, we believe these intermediaries at the intermediary level. In this predestined for either fresh or will seek to keep their marketing analysis, we have also applied the processing use. That is, growers know options open for possible sales to adjustment at intermediary levels, before the crop is produced whether it subject retailers. Estimated units of because products destined for items will be sold for fresh consumption or for production for most commodities at the exempt from the rule would not require processing. However, producers do not intermediary level are reduced from the COOL. In addition to the 37.5 percent know whether their products ultimately PRIA due to the definition of a adjustment factor, a further reduction of will be sold to retailers, foodservice processed food item. 10 percent is applied to account for the firms, or exporters. Therefore, it is Beef production at the intermediary increase in the number of items exempt assumed that all fresh fruit and level is reduced 10 percent from the from the labeling requirements due to vegetable production and production PRIA estimate to account for the change the revised definition of a processed destined for frozen processors at the in the definition of a processed food food item. producer level will be affected by this item. Data are not readily available on Lamb production at the intermediary rule. Ginseng production has been the sales of beef in different product level is unchanged from the PRIA, as included with the fruit and vegetable forms. Based on discussions with there are relatively few of the value- production. The total fruit and vegetable industry experts, it is assumed that added types of products that would be production has been updated with 2006 approximately 10 percent of beef excluded from labeling. Goat meat has data from the PRIA. products are sold in forms exempt from been included with lamb. As previously discussed, only green this rule (e.g., cooked products, Fruit and vegetable production at the and raw peanuts, macadamia nuts, and seasoned products). intermediary level is reduced by 21.2

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billion pounds to exclude products not wholesale macadamia nuts are through retailers covered by this rule. covered by this rule under the definition estimated by the Hawaii Department of To derive this share, the factor of 0.622 of a processed food item. The revised Agriculture at 21 firms and is used to remove the 37.8 percent food estimate includes only frozen, plain establishments. Similar to peanuts, the service quantity share of total food in vegetables in the frozen vegetables rule exempts most product forms of 2006 (Ref. 8). This factor is then category because items such as mixed macadamia nuts sold at retail. While multiplied by 0.756, which was the frozen vegetables and vegetables with data on macadamia nuts sold at retail share of sales by supermarkets, sauce are not covered by this rule. that are covered by this rule are not warehouse clubs and superstores of food Frozen, plain vegetable sales at retail are available, the volume of sales is for home consumption in 2006 (Ref 9). estimated at 5.5 billion pounds (Ref. 5). certainly very small. For purposes of In other words, supermarkets, Information and data on ginseng is estimation, the number of affected warehouse clubs and superstores limited. However, the Wisconsin entities at each level of the macadamia represent the retailers as defined by Department of Agriculture reports the nut sector has been reduced to 5 percent PACA, and these retailers are estimated number of growers at 190, the number of the total estimated. The number of to account for 75.6 percent of retail sales of dealers at 46, and grower sales at farms has been reduced from 1059 to 53 of the covered commodities. 282,055 dry root pounds for 2006 (Ref. and the number of wholesalers has been Estimated beef and pork volumes at 6). While some other regions in the reduced from 21 to 1. the retailer level are reduced by 10 country likely produce ginseng, The Census of Agriculture provides percent from the PRIA to account for the information could not be found and it an estimate of 22,371 pecan farming larger number of items exempt from is believed that Wisconsin is the largest operations [Ref. 7]. Similar to peanuts labeling under the revised definition of producing state. The information from and macadamia nuts, the rule exempts a processed food item. Lamb volume is Wisconsin likely underestimates the most product forms of pecans sold at unchanged from the PRIA estimate. Goat total number of farms, dealers, and retail. For purposes of estimation, the meat has been included with lamb. production of ginseng. However, we number of affected entities at each level Estimated total retailer volume is believe that Wisconsin represents most of the pecan sector has been reduced to increased by 18.0 billion pounds of the ginseng production; therefore, 5 percent of the total 22,371 farms to because chicken was not a covered this information is used for this rule. 1,119 farms. commodity in the PRIA. Since the number of entities and As with peanut, macadamia nut, and Fruit and vegetable retailer volume is production are likely underestimated pecan production at the producer level, reduced by 8.5 billion pounds from the and the production is relatively small as peanut, macadamia nut, and pecan PRIA estimate because of the exclusion compared to other covered production at the intermediary level is of a large volume of frozen vegetable commodities, the production was not also reduced by 95 percent. The products under the revised definition of adjusted for retail consumption. estimate of peanut, macadamia nut, and a processed food item. Retailer peanut The Census of Agriculture provides pecan production is intended to include volume is reduced 95 percent from the an estimate of the number of macadamia only green and raw peanuts, macadamia PRIA estimate due to the revised nut farming operations. The total nuts, and pecans. definition of a processed food item. number of macadamia farms is For retailers, food disappearance Table 3 summarizes the direct, estimated at 1,059 [Ref. 7]. Businesses figures are adjusted to estimate incremental costs that firms will incur that husk and crack macadamia nuts are consumption through retailers as during the first year as a result of this unofficially estimated by the Hawaii defined by the statute. For each covered rule. These estimates are derived Field Office of the National Agricultural commodity, disappearance figures are primarily from the available studies that Statistical Service (NASS) at 8 firms and multiplied by 0.470, which represents addressed cost impacts of mandatory establishments. Businesses that the estimated share of production sold COOL.

TABLE 3—ESTIMATES OF FIRST-YEAR IMPLEMENTATION COSTS PER AFFECTED INDUSTRY SEGMENT [Million dollars]

Peanuts, Lamb & pecans, & Total Beef Pork goat Chicken F & V macadamia nuts 1

Producer ...... 305 105 10 0 30 0 450 Intermediary ...... 373 101 5 139 497 0 1,115 Retailer ...... 574 93 5 44 235 0 952

Total ...... 1,252 299 21 183 763 0 2,517 1 Indicates a value greater than zero, but less than 0.5.

Assumptions and procedures Considering all producer segments hands two, three, or more times from underlying the cost estimates are together, we have estimated a $9 per birth to slaughter, and each exchange described fully in the discussion of the head cost to cattle producers to will require the transfer of country of ‘‘upper range’’ estimates presented in implement the rule. This estimate origin information. Thus, total costs for the PRIA. Changes from the PRIA reflects the expectation of relatively beef producers are estimated at $305 estimates are highlighted herein. One of small implementation costs at the cow- million, a 16 percent reduction from the the major changes is that all the data calf level of production, but relatively PRIA upper range estimate due to the from the PRIA has been updated by higher costs each time cattle are resold. lower level of slaughter in 2006 and the using more recent data. Typically, fed steers and heifers change slightly lower per head cost estimate. In

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addition, as provided in the 2008 Farm is reduced by 10 percent from the PRIA range estimate even with the inclusion Bill, in the case of livestock, a producer upper range estimate. of goat as a covered commodity. affidavit shall be considered acceptable Total costs for affected entities in the Costs for chicken producers who evidence on which a packer may rely to beef sector are thus estimated at $1,252 grow-out chicken for an integrator (the initiate an origin claim. million, a 26 percent reduction from the firm that will slaughter and possibly We assume that intermediaries will PRIA estimate. further process the chickens) is $0.00 face increased costs associated with Costs for pork producers are estimated because these individuals do not own or tracking cattle and the covered beef at $1.00 per head. With annual slaughter control the movement of the chickens commodities produced from these of 104.8 million head, total costs for they are raising. All chickens produced animals and providing this information producers are estimated at $105 million, are owned, and their movement is to subsequent purchasers, which may be which is a 30 percent reduction from controlled, by the integrator, which is other intermediaries or covered the PRIA estimate due to a slightly the main intermediary in the chicken retailers. Incremental costs for beef lower per head slaughter estimate. supply chain. We do not expect that packers may include additional capital Costs for all pork sector producers will need change any current intermediaries (including handlers, and labor expenditures to enable cattle practices and thus will not incur any processors, and wholesalers) should be from different origins to be tracked for additional costs due to this rule. similar to costs for beef sector slaughter, fabrication, and processing. Costs for the intermediaries in the intermediaries. These estimated costs As previously mentioned, under this chicken supply chain are estimated to for pork industry intermediaries are interim final rule, if an animal was born, be $0.005 per pound. Since the $0.015 per pound, for a total of $101 raised, and/or slaughtered in the United integrators own their chickens from the million, a reduction of $267 million States and was not imported for time they hatch to time they are sold to from the PRIA estimate. The reduction a retailer or distributor, there is no need immediate slaughter as defined in is due to the downward revision of the to ‘‘collect’’ country of origin § 65.180, the origin of the resulting meat volume of pork production estimated to information. Costs to the integrator are products derived from that animal may be affected at the intermediary level and mainly due to system changes to be designated as Product of the United a slightly lower per pound cost estimate. incorporate COOL information into States, Country X, and/or (as applicable) Costs for retailers of pork are existing recordkeeping systems and Country Y where Country X and estimated to be $0.04 per pound. The supplying required information to the Country Y represent the actual or per-pound cost estimate for pork is retailers and food distributors. possible countries of foreign origin. In lower than for beef primarily to reflect Approximately 69 percent of chicken addition, the rule also provides for the higher costs incurred by in-store covered by COOL is supplied directly to flexibility in labeling ground products grinding operations to produce ground the retailer from the integrator. The vast by allowing the notice of country of beef. Although ground pork may also be majority, if not all, of the chicken origin to include a list of countries produced in-store, most ground pork is supplied by the integrator is pre-labeled. contained therein or that may processed into sausage and other The bulk of the rest is supplied by the reasonably be contained therein. products not covered by the rule. Total distributors whose costs will be slightly However, we believe that some estimated costs for pork retailers are $93 higher since they are receiving product segregation will still occur in order to million, a 40 percent decrease from the from integrators and selling product to provide the marketplace with product PRIA estimate. Total costs for the pork retailers. Total costs for intermediaries strictly of United States origin. sector are estimated at $299 million, are estimated at $139 million. Considering the costs likely to be faced which is $374 million less than the Costs for retailers are estimated to be by intermediaries in the beef sector, PRIA upper range estimate. $0.0025 per pound. As noted above, $0.015 per pound is adopted as an Costs per head for lamb and goat most, if not all, chicken is purchased estimate of costs, which is consistent producers are estimated at $3.50 per directly from integrators and will have with estimates from the available head. Total costs for lamb and goat been pre-labeled. This will significantly studies. Total costs are thus estimated at producers are estimated at $10 million, lower the retailers cost in terms of $373 million, a 31 percent reduction which is $5 million less than the PRIA meeting COOL requirements. Most of from the PRIA upper range estimate due estimate even with the addition of goat. the costs retailers will bear will be from to the reduced estimate of the volume of Intermediaries in the lamb and goat distributors. Total cost for retailers are production affected and the slightly sector will likely face per-pound costs $44 million. lowered per pound cost estimate. The similar to costs faced by beef and pork Total estimated costs for chicken cost per pound was lowered due to the sector intermediaries, which are producers, intermediaries, and retailers increasing use of pre-packaged and pre- estimated at $0.015 per pound. Total are $183 million. Since chicken costs labeled beef products, which lowers costs for lamb and goat sector were not included in the PRIA, the total costs for retailers as well as intermediaries are thus estimated at $5 estimated costs for chicken is an intermediaries. million, which is $2 million less than increase in the total cost of covered The implementation costs are the PRIA upper range estimate. commodities in the PRIA. estimated at $0.07 per pound for beef Costs to retailers for lamb and goat Although fruit, vegetable, and ginseng retailers, for a total of $574 million. This should be similar to costs borne for producers maintain the types of records figure reflects the costs for individual pork, which was estimated at $0.04 per that will be required to substantiate package labels, meat case segmentation, pound. Total costs for retailers of lamb United States origin claims, it is record keeping and information and goat are estimated at $5 million, believed that this information is not technology changes, labor, training, and which is $4 million lower than the PRIA universally transferred by producers to auditing. In addition, there likely will upper range estimate. purchasers of their products. Producers be increased costs for in-store butcher Summing the estimates for producers, will have to supply this type of department operations related to intermediaries, and retailers results in information in a format that allows cutting, repackaging, and grinding estimated costs of $21 million for the handlers and processors to maintain operations. As with the estimate for lamb and goat industries. This total is country of origin information so that it intermediaries, the estimate for retailers $11 million less than the PRIA upper can be accurately transferred to retailers.

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For fruit, vegetable, and ginseng through the supply chain. Total costs for Average estimated implementation producers, costs are estimated at fruits, vegetables, and ginseng at retail costs per producer are relatively small at $0.00025 per pound to make and are estimated at $235 million, a $376. This is $67 per firm lower than substantiate COOL claims, which reduction of $485 million from the the PRIA estimates. The difference is equates to $0.01 for a 40 pound PRIA. The lowered cost estimate is attributable to the reduction in the container. Because fruits and vegetables attributable to both a lowered estimate number of peanut producers. Estimated only have a single point of origin, which of the volume of affected production costs for intermediaries are substantially is where they are grown, substantiating and a lowered estimated cost per unit larger, averaging $53,948 per firm and country of origin claims is substantially for retailers. $50,598 per establishment. The average simpler for fruit and vegetable Costs per pound for each segment of cost per firm is $3,862 higher than the producers than for livestock producers. the peanut, macadamia nut, and pecan PRIA upper range estimated cost, with Total costs for fruit, vegetable, and industries is estimated at $0.00025 for the higher cost attributable to the lower ginseng producers are estimated at $30 producers, $0.005 for intermediaries number of estimated firms. Similarly, million, which is $6 million higher than and $0.015 for retailers. As a result, the average cost per intermediary the PRIA upper range estimate for fruits costs for the peanut, macadamia nut, establishment is $7,996 higher than and vegetables due to higher levels of and pecan industries are estimated at production in 2006. about $400,000, with negligible costs for PRIA the upper range estimate due to Fruit, vegetable, and ginseng producers and costs of less than the lower number of establishments. At intermediaries will shoulder a sizeable $200,000 at the intermediary and an average of $235,551 per firm, portion of the burden of tracking and retailer levels. Total upper range costs retailers have the highest average substantiating country of origin for all the peanut sectors were estimated estimated costs per firm. This is information. Intermediaries will need to at $8 million in the PRIA. The reduced $160,538 lower than the PRIA upper obtain information to substantiate COOL estimates are due to the drastically range estimate. The lower estimated cost claims by producers and suppliers; lowered estimates of the volumes of per retailer is attributable to the maintain COOL identity throughout affected peanut, macadamia nut, and reduction in the number of retailing handling, processing, and distribution; pecan production. firms from the PRIA time period and the and supply retailers with COOL Total incremental costs are estimated lower total estimated costs. Retailers’ information through product labels and for this rule at $450 million for average estimated costs per records. The estimated cost for these producers, $1,115 million for establishment are $26,149. This amount activities for fruit and vegetable sector intermediaries and $952 million for is $21,924 lower than the PRIA upper intermediaries is $0.005 per pound, retailers for the first year. Total range estimate. resulting in total estimated costs of $497 incremental costs for all supply chain The costs per firm and per million. This amount is $83 million less participants are estimated at $2,517 than the PRIA upper range estimate establishment represent industry million for the first year, a reduction of because of the lowered estimate of the averages for aggregated segments of the $1,365 million from the PRIA upper volume of production affected by the supply chain. Large firms and range estimate even though a number of rule. establishments likely will incur higher Because intermediaries will bear a new commodities have been added for COOL coverage. The reduced estimates costs relative to small operations due to large portion of the burden of COOL the volume of commodities that they tracking and labeling, implementation are due to lower volumes of affected products at the intermediary as well as handle and the increased complexity of costs for retailers will be reduced. It is their operations. In addition, different believed that virtually all frozen fruits the retailer level and slightly lower cost estimates. types of businesses within each segment and vegetables will be labeled by are likely to face different costs. Thus, suppliers, thus imposing minimal There are wide differences in average the range of costs incurred by individual incremental costs for retailers. In estimated implementation costs for addition, over 60 percent of fresh fruits individual entities in different segments businesses within each segment is and vegetables arrive at retail with of the supply chain (Table 4). With the expected to be large, with some firms labels or stickers that may be used to exception of a small number of chicken incurring only a fraction of the average provide COOL information. It is producers, producer operations are costs and other firms incurring costs believed that fresh fruit and vegetable single-establishment firms. Thus, many times larger than the average. suppliers will provide COOL average estimated costs per firm and per Average costs per producer operation information on these labels and stickers, establishment are somewhat similar. can be calculated according to the again imposing minimal incremental Retailers subject to the rule operate an commodities that they produce (Table average of just over nine establishments costs for retailers. Costs for retailers are 5). Average estimated costs are lowest per firm. As a result, average estimated estimated at $0.005 per pound of fresh for lamb and goat producers ($128) and costs per retail firm also are just over and frozen fruits and vegetables, $0.005 highest for hog operations ($1,599). less than the amount assumed for the nine times larger than average costs per establishment. Again, chicken ‘‘producers’’ do not own PRIA upper range estimates. The lower or control the movement of the birds per-unit cost is supported by the revised TABLE 4—ESTIMATED IMPLEMENTATION they are growing-out. We do not expect recordkeeping requirements. For pre- COSTS PER FIRM AND ESTABLISHMENT that the rule will result in any changes labeled products, the label itself is in their current production practices, sufficient evidence on which the retailer Cost estimates per may rely to establish a product’s and thus their average cost is zero. Because average production volume per country of origin. For these pre-labeled Firm Establish- products, the product label or sticker ment hog operation is large relative to other carries the required country of origin types of producer operations, estimated information, while the recordkeeping Producer ...... $376 $376 costs per hog operation are large relative Intermediary ...... 53,948 50,598 to other producer operations. system maintains the information Retailer ...... 235,551 26,149 necessary to track the product back

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TABLE 5—ESTIMATED FIRST-YEAR IM- the rule. Accordingly, such an whole, it is important to understand that PLEMENTATION COSTS PER PRO- alternative would decrease a significant portion of the costs directly DUCER OPERATION implementation costs for the rule. At the incurred by the affected entities take the retail level and to a lesser extent at the form of expenditures for additional Average intermediary level, cost reductions production inputs, such as payments to Producer cost would be at least partly proportional to others whether for increased hours the reduction in the volume of worked or for products and services Beef ...... $314 production requiring retail labeling, provided. As such, these direct, Lamb & Goats ...... 128 although if the broader definition incremental costs to affected entities Pork ...... 1,599 excluded products for which represent opportunity costs of the rule, Chicken ...... 0 Fruits, Vegetables & Ginseng .. 376 incremental costs are relatively high, but they do not represent net losses to Peanuts, Pecans, & Maca- such as beef products, the impact could the economy. As a result, the direct damia Nuts ...... 258 be more than proportional. Start-up costs incurred by the participants in the costs for retailers and many supply chains for the covered It is believed that the major cost intermediaries likely would be little commodities do not measure the net drivers for the rule occur when livestock changed by a narrowing of the scope of impact of this rule on the economy as or covered commodities are transferred commodities requiring labeling because a whole. Instead, the relevant measure from one firm to another, when firms would still need to modify their of net impact is the extent to which the livestock or covered commodities are recordkeeping, production, rule reduces the amount of goods and commingled in the production or warehousing, distribution, and sales services that can be produced marketing process, and when products systems to accommodate the throughout the United States economy are assembled and then redistributed to requirements of the rule for those from the available supply of inputs and retail stores. In part, some requirements commodities that would require resources. of the rule will be accomplished by labeling. Ongoing maintenance and Even from the perspective of the firms using essentially the same operational costs, however, likely would directly affected entities, the direct, processes and practices as are currently decrease in some proportion to a incremental costs do not present the used, but with information on country decrease in the number of items covered whole picture. Initially, the affected entities will have to incur the of origin claims added to the processes. by the rule. On the other hand, operational adjustments and expenses This adaptation generally would require implementation costs for the vast necessary to implement the rule. relatively small marginal costs for majority of agricultural producers However, over time as the economy recordkeeping and identification would not be affected by a change in the adjusts to the requirements of the rule, systems. In other cases, however, firms definition of a processed food item. This the burden facing suppliers will be may need to revamp current operating is because it is assumed that virtually all reduced as their production level and processes to implement the rule. For affected producers would seek to retain the option of selling their products the prices they receive change. What is example, a processing or packing plant through supply channels for retailers critical in assessing the net effect of this may need to sort incoming products by subject to the rule. Agricultural rule on the affected entities over the country of origin in addition to weight, producers generally would have little longer run is to determine the extent to grade, color, or other quality factors. influence on the ultimate product form which the entities are able to pass these This may require adjustments to plant in which their products are sold at costs on to others and consequently how operations, line processing, product retail, and thus would be little affected the demand for their commodities is handling, and storage. Ultimately, it is by changes in the definition of a affected. anticipated that a mix of solutions will processed food item. Conceptually, suppose that all the be implemented by industry The definition of a processed food increases in costs from the rule were participants to effectively meet the item developed for this rule has taken passed on to consumers in the form of requirements of the rule. Therefore, it is into account comments from affected higher prices and that consumers anticipated that direct, incremental entities and has resulted in excluding continued to purchase the same costs for the rule likely will fall within products that would be more costly and quantity of the affected commodities a reasonable range of the estimated total troublesome for retailers and suppliers from the same marketing channels. of $2,517 million. to provide country of origin Under these conditions, the suppliers of In the PRIA, one regulatory alternative information. Total incremental costs for these commodities would not suffer any considered by AMS would be to narrow this rule are estimated at $1,365 million net loss from the rule even if the the definition of a processed food item, less than the upper range costs increases in their operating costs were thereby increasing the scope of estimated in the PRIA, with much of the quite substantial. However, other commodities covered by the rule. This reduction attributable to the revised industries might face losses as alternative is not adopted in this rule. definition of a processed food item. consumers would spend less on other An increase in the number of Net Effects on the economy: The commodities. It is unlikely, however, commodities that would require COOL previous section estimated the direct, absent the rule leading to changes in would increase implementation costs of incremental costs of the rule to the consumers’ preferences for the covered the rule with little expected economic affected firms in the supply chains for commodities that consumers will benefit. Additional labeling the covered commodities. While these maintain their consumption of the requirements may also slow some of the costs are important to those directly covered commodities in the face of innovation that is occurring with involved in the production, distribution, increased prices. Rather, many or most various types of value-added, further and marketing of covered commodities, consumers will likely reduce their processed products. they do not represent net costs to the consumption of the covered A different regulatory alternative United States economy or net costs to commodities. The resulting changes in would be to broaden the definition of a the affected entities for that matter. consumption patterns will in turn lead processed food item, thereby decreasing With respect to assessing the net to changes in production patterns and the scope of commodities covered by effect of this rule on the economy as a the allocation of inputs and resources

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throughout the economy. The net result, is expected to have negligible impacts implementation costs to directly once all these changes have occurred, is with respect to estimated net impacts on affected firms. This result does not that the total amount of goods and the overall United States economy. imply that the implementation costs for services produced by the United States The ERS CGE model traces the directly affected firms have been economy will be less than before. impacts from an economic ‘‘shock,’’ in substantially reduced from the initial To analyze the effect of the changes this case a permanent incremental estimates. While some of the increase in resulting from the rule on the total increase in costs of production, through their costs will be offset by reduced amount of goods and services produced the U.S agricultural sector and the U.S production and higher prices over the throughout the United States economy economy to the rest of the world and longer term, the suppliers of the covered in a global context, a computable back through the inter-linking of commodities will still bear direct general equilibrium (CGE) model economic sectors. By taking into implementation costs. developed by the Economic Research account the linkages among the various The estimates of the overall net costs Service (ERS) is utilized (Ref. 4). The sectors of the United States and world to the United States economy are based ERS CGE model includes all the covered economies, a comprehensive assessment on the estimates of the incremental commodities and the products from can be made of the economic impact on increases in operating costs to the which they are derived, as well as non- the United States economy of the rule affected firms. The model does not covered commodities that will be implementing COOL. The model reports permit supply channels for covered indirectly affected by the rule, such as economic changes resulting after a ten- commodities that require country of feed grains. Even though COOL for fish year period of adjustment. origin information to be separated from was implemented in 2004, the costs for The results of this analysis indicate supply channels for the same fish and shellfish are included here to that the rule implementing COOL after commodities that do not require COOL. account for the cross-commodity effects the economy has had a period of ten Thus, the direct cost impacts must be between covered commodities. Ignoring years to adjust will have a smaller net adjusted to accurately reflect changes in the costs for fish and shellfish would impact on the overall United States operating costs for all firms supplying result in assuming that COOL did not economy than the incremental costs for covered commodities. Table 6 reports apply to fish and the cross-commodity directly affected entities for the first these adjusted estimates in terms of effects may be distorted. Peanuts, year. Under the assumption that COOL their percentage of total operating costs however, are aggregated with oilseeds in will not change consumers’ preferences for each of the directly affected sectors. the model, and there is no meaningful for the covered commodities, it is The percentages used are based on the way to modify the model to account for estimated that the overall net costs to estimate of the percentage change in the impacts of the rule on peanut the United States economy due to the operating costs for the entire supply production, processing, and rule, in terms of a reduction in channel and are adjusted between the consumption. Given the revised consumers’ purchasing power, will be various segments of each covered definition of a processed food item, $211.9 million. This represents the net commodities’ supply chain (producers, almost all peanut products are exempt cost to the United States economy after processors, importers, and retailers) from this rule. As a consequence, the all transfers and adjustments in based on the estimate of how the costs peanut sector accounts for only a consumption and production patterns of the regulation will be distributed negligible fraction of the total estimated have occurred. among them. As a result, the cost incremental costs for all directly Overall net costs to the United States changes shown in Table 6 only affected entities. Thus, omitting the economy after a decade of adjustment approximate the direct cost estimates small direct costs on the peanut sector are significantly smaller than the previously described.

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In addition, it is assumed that processing and retailing segments of the model results are estimated. The domestic and foreign suppliers of the these sectors to increase. result of this calculation shows that affected commodities located at the As discussed above, consumption and revenues to suppliers of the covered same level or segment of the supply production patterns will change as the commodities will decrease by $461 chain face the same percentage incremental increases in operating costs million. This decrease in revenue is due increases in their operating costs. In outlined above are passed on, at least to the decrease in estimated revenues in reality, the incremental costs for some partially, to consumers in the form of all the covered commodities; all affected imported covered commodities may be higher prices by the affected firms. The sectors show a small revenue decrease increases in the prices of the covered lower, as a portion of those products due to the increased costs of the rule. commodities will in turn cause exports already enter the United States with The costs of the rule will not be and domestic consumption and shared equally by all suppliers of the country of origin labels. ultimately domestic production to fall. covered commodities. The distribution The percentage changes in operating The results of our analysis indicate that of the costs of the rule will be costs reported in Table 6 differ from the United States production of all the determined by several factors in percentage changes in operating costs covered commodities combined will addition to the direct costs of complying reported for the High Cost scenario as decline 0.02 percent and that the overall with the rule. These are the availability price level for these commodities (a listed in Table 8 in the PRIA. The of substitute products not covered by weighted average index of the prices differences in percentage changes the rule and the relative received by suppliers for their reported in the PRIA and those reported competitiveness of the affected here are attributable to changes in commodities) will increase by 0.02 percent. suppliers with respect to other sectors of implementation costs of the rule as well the U.S. and world economies. as recalibration of our estimates of total The structure of the model does not enable changes in net revenues to Although the increases in operating operating costs for the various segments suppliers of the covered commodities to costs are the initial drivers behind the of the supply channels of the directly be determined. Likewise, the model changes in consumption and production affected sectors. Thus, for example, even cannot be used to determine the extent patterns resulting from this rule, they do though changes in the rule reduced our to which the reductions in production not, as can be seen by examining Table estimate of the incremental costs arise from some firms going out of 7, determine which commodity sector incurred by intermediaries and retailers business or all firms cutting back on will be most affected. Table 7 contains in the beef and lamb sectors, the their production. To provide an the percentage changes in prices, recalibration of our estimate of their indication of what effect this will have production, exports, and imports for the operating costs causes the estimated on the suppliers of the covered three main segments of the marketing percentage change in costs applied to commodities, changes in revenues using chain by covered commodities.

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TABLE 7—ESTIMATED IMPACT OF RULE ON U.S. PRODUCTION, PRICES AND TRADE OF IMPACTED SECTORS

Exports Imports Commodity Price Production (volume) (volume)

Percent change from base year

Fruits and Vegetables ...... 0.21 ¥0.20 ¥0.39 0.04 Cattle and Sheep ...... 0.52 ¥0.94 ¥1.18 0.25 Broilers ...... 0.03 ¥0.56 ¥0.36 ¥0.03 Hogs ...... 0.26 ¥0.46 ¥0.60 0.16 Beef and Veal ...... 0.99 ¥1.09 ¥1.93 ¥2.32 Chicken ...... 0.82 ¥0.90 ¥1.54 0.29 Pork ...... 0.68 ¥0.81 ¥1.37 ¥0.86 Fish ...... 0.50 ¥0.68 ¥0.06 0.04

As mentioned previously, peanuts, their operating costs than do foreign from projected levels reported in the macadamia nuts, and pecans are suppliers. The resulting gap between the USDA Agricultural Baseline for 2006 included with oilseed products in the supply response of United States and (Ref. 18), while values in Table 2 ERS CGE model. As a result, they are foreign producers provides foreign represent actual reported values for not included in this analysis. suppliers with a cost advantage in 2006 as compiled by USDA’s NASS. The rule increases operating costs for United States markets that enables them Baseline values were used to the supply chains of the covered to increase their exports to the United accommodate the structure of the commodities. As shown in Table 7, the States even though they face similar model. increased costs result in higher prices increases in operating costs. Increases in prices for all covered for these products. The quantity To put these impacts in more commodities are small, less than one demanded at these higher prices falls, meaningful terms, the percentage cent per pound. Production changes are with the result that the production of all changes reported in Table 7 were similarly small, less than 100 million of the covered commodities decreases. converted into changes in current prices pounds for all covered commodities. Imports of fruits, vegetables, cattle, and quantities produced, imported, and The declines in the production of cattle, sheep, chicken, fish, and hogs increase exported (Table 8). The base values in broilers, and hogs mirrors the declines because United States domestic Table 8 vary from those reported in in the production of beef, chicken, and suppliers respond more to changes in Table 2 above because they are derived pork.

TABLE 8—ESTIMATED CHANGES IN U.S. PRODUCTION PRICES, AND TRADE FOR AFFECTED COMMODITIES

Change Indicator Units Base from base

U.S. Production: Veg. & Fruits ...... Mil. Lbs ...... 191,523 ¥383 Cattle ...... Thous. Hd ...... 32,229 ¥303 Broilers ...... Mil. Hd ...... 6,503 ¥36 Hogs ...... Thous. Hd ...... 103,015 ¥474 Beef ...... Mil. Lbs ...... 24,784 ¥270 Chicken ...... Mil. Lbs ...... 35,733 ¥322 Pork ...... Mil. Lbs ...... 20,706 ¥168 Fish ...... Mil. Lbs ...... 7,997 ¥54 U.S. Price: Veg. & Fruits ...... $/Lb ...... 0.25 0.0005 Cattle and sheep ...... $/Cwt ...... 89.55 0.4657 Broilers ...... $/Lb ...... 0.43 0.0001 Hogs ...... $/Cwt ...... 49.62 0.1290 Beef and veal ...... $/Lb ...... 4.09 0.0405 Chicken ...... $/Lb ...... 1.74 0.0143 Pork ...... $/Lb ...... 2.83 0.0192 Fish ...... $/Lb ...... 0.93 0.0047 U.S. Exports (volume): Fruits & Vegetables ...... Mil. Lbs ...... 19,990 ¥78 Beef ...... Mil. Lbs ...... 697 ¥13 Chicken ...... Mil. Lbs ...... 5,203 ¥80 Pork ...... Mil. Lbs ...... 2,498 ¥34 Fish ...... Mil. Lbs ...... 6,384 ¥4 U.S. Imports (volume): Fruits & Vegetables ...... Mil. Lbs ...... 37,573 15 Beef ...... Thous. Hd ...... 2,502 ¥58 Chicken ...... Mil. Hd ...... 0 0 Pork ...... Thous. Hd ...... 5,741 ¥49

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TABLE 8—ESTIMATED CHANGES IN U.S. PRODUCTION PRICES, AND TRADE FOR AFFECTED COMMODITIES—Continued

Change Indicator Units Base from base

Fish ...... Mil. Lbs ...... 10,158 4 Sources: Base values for meat and fruits and vegetables come from USDA Agricultural Baseline Projections to 2016, Staff Report WAOB– 2007–1. USDA, Office of the Chief Economist, 2007. Changes are derived from applying percentage changes obtained from the ERS CGE model to the base values. a Live animal estimates derived from baseline values for meat product using 2005 average dress weight for cattle, hogs and broilers. b Base values for fish come from Fisheries of the United States, 2005. National Marine Fisheries Service, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, 2006. c Fruit and vegetable price derived by dividing the total value of fruit and vegetable production by total quantity of fruit and vegetables produced as reported in USDA baseline for 2005. d Fish price derived by dividing total value of commercial and aquaculture production, excluding other, by total commercial and aquaculture production.

The estimated changes in prices and by the rule. Consumer demand for the market clearing conditions. This permits production cause revenues for the fruit covered commodities would have to prices to adjust to ensure that total and vegetable industry to increase an increase 0.90 percent to offset the costs demand equals total supply for each estimated $5 million. The small revenue to the economy of COOL as outlined in commodity in the world. increase in the fruit and vegetable the rule. The general equilibrium feature of the industry is attributed to the fact that the The hypothetical 0.90 percent model means that all economic price increase just offsets the production increase in demand for covered sectors—agricultural and non- decrease. The estimated changes in commodities represents the overall agricultural—are included. Hence, production and prices result in revenues increase (shift) in demand from all resources can move among sectors, decreasing by $94 million for beef cattle outlets. If there were such a demand thereby ensuring that adjustments in the producers while revenues from increase for domestically produced feed grains and livestock sectors, for production and sale of beef decrease by covered commodities, however, it example, are consistent with an estimated $112 million dollars. would presumably occur at those adjustments in the processed sectors. Revenues for broiler production decline retailers required to provide country of The model is static and this implies by $91 million and revenues for the origin information. As previously that gains (or losses) from stimulating production and sale of chicken decrease discussed, the percentage share of (or inhibiting) investment and by $54 million. In addition, revenues for covered commodities sold by retailers productivity growth are not captured. hog production decrease by $21 million subject to this rule is estimated at 47.0 The model allows the existing resources and revenues from production and sale percent of total consumption. This to move among sectors, thereby of pork decrease by $79 million. Finally, indicates that demand at covered capturing the effects of re-allocation of revenues to the fish industry fall by retailers would need to increase by 1.9 resources that are the result of policy nearly $14 million. percent for purposes of this hypothetical changes. However, because the model The increase in the prices of all exercise, assuming no change in fixes total available resources, it likely affected commodities causes exports to demand at other domestic outlets or in significantly underestimates the long- decline (Table 8). These declines are export demand. run effects of policies on aggregate small; they are for the most part smaller As previously mentioned, the output. For example, the 10-year than the declines in United States estimates of the overall net economic average real growth of GDP between production of these commodities. effects of the rule are derived from a 1997 and 2007 was approximately 3.1% The ERS CGE model assumes that CGE model developed by ERS. The (Ref 8). If applied to the next 10 years, firms behave as though they have no results from this model show the this implies an economy approximately influence on either their input or output changes in production and consumption 36% larger at the end of this analysis prices. On the other hand, a model that patterns after the economy has adjusted than at the beginning of this analysis. assumed that processors could influence to the incremental increase in costs The ERS CGE model uses data from their input and output prices could find (medium run results). Such changes the Global Trade Analysis Project that prices received by agricultural occur over time and the economy does (GTAP database, version 7.2). The producers decreased because processors not adjust instantaneously. database represents the world as of 2004 passed their cost increases down to their The results of this analysis describe and includes information on suppliers rather than increase the price and compare the old production and macroeconomic variables, production, they charged their customers. consumption patterns to the new ones, consumption, trade, demand and supply The estimates of the net economic but do not reflect any particular elasticities, and policy measures. The impact of the rule on the United States adjustment process. The purpose of GTAP database includes 57 are based on the assumption that using the ERS CGE model is not to commodities and 101 countries/regions. country of origin labeling does not shift forecast what prices and production will For this analysis, the regions were consumer demand toward the covered be over any particular time frame, but to represented by the following country/ commodities of United States origin. explore the net implications of COOL on regions: The United States, Canada, This assumption is based on the earlier the United States economy and capture Mexico, the European Union-25 (EU), finding that there was no compelling the direction of the changes. Oceania, China, Other East Asian evidence to support the view that The ERS CGE model is global in the Countries, India, Other South Asian mandatory COOL will increase the sense that all regions in the world are Countries, South America and Central demand for United States products. covered. Production and consumption America, OPEC Countries, Russia, Despite this lack of evidence, we decisions in each region are determined Africa and the rest of the World. The examine how much of a shift or increase within the model following behavior agricultural sector is subdivided into the in demand for commodities of United that is consistent with economic theory. following 7 commodity aggregations: States origin would have to occur to Multilateral trade flows and prices are Rice, wheat, corn, other feed grains offset the costs imposed on the economy determined simultaneously by world (barley, sorghum), soybeans, sugar (cane

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and beets), vegetables and fresh fruits, would duplicate or overlap with this at least $230,000 annually. Therefore, other crops (cotton, peanuts), cattle and rule. the number of retailers affected by this sheep, hogs and goats, poultry, and fish. Many aspects of the mandatory COOL rule is considerably smaller than the The food processing sectors are provisions are prescriptive and provide total number of retailers nationwide. In subdivided into the following 6 little regulatory discretion in addition, there is no requirement that commodity aggregations, bovine cattle rulemaking. The law requires a firms in the supply chain must supply and sheep meat, pork meat, chicken statutorily defined set of food retailers their products to retailers subject to the meat, vegetable oils and fats, other to label the country of origin of covered rule. processed food products, beverages and commodities. The law also prohibits Because country of origin information tobacco, and fish. The remaining sectors USDA from using a mandatory will have to be passed along the supply in the database were represented by 18 identification system to verify the chain and made available to consumers aggregated non-agricultural sectors. country of origin of covered at the retail level, it is assumed that commodities. However, the rule each participant in the supply chain as Interim Final Regulatory Flexibility provides flexibility in allowing market identified in Table 1 will likely Analysis participants to decide how best to encounter recordkeeping costs as well This rule has been reviewed under the implement mandatory COOL in their as changes or modifications to their requirements of the Regulatory operations. Market participants other business practices. Absent more Flexibility Act (RFA) (5 U.S.C. 601 et than those retailers defined by the detailed information about each of the seq.). The purpose of RFA is to consider statute may decide to sell products entities within each of the marketing the economic impact of a rule on small through marketing channels not subject channels, it is assumed that all such businesses and evaluate alternatives that to the rule. Taking into account entities will be affected to some extent would accomplish the objectives of the comments received on the proposed even though some producers and rule without unduly burdening small rule, the rule decreases the length of suppliers may choose to market their entities or erecting barriers that would time that records are required to be kept, products through channels not subject restrict their ability to compete in the providing some relief to affected entities to the requirements of this rule. marketplace. The Agency believes that both large and small. A complete Therefore, it is estimated that this rule will have a significant discussion of the information collection approximately 1,256,000 establishments economic impact on a substantial and recordkeeping requirements and owned by approximately 1,222,000 number of small entities. As such, the associated burdens appears in the firms will be either directly or indirectly Agency has prepared the following Paperwork Reduction Act section. In affected by this rule. The only changes regulatory analysis of the rule’s likely addition, although recent amendments from the Preliminary Regulatory Impact economic impact on small entities have added additional covered Analysis (PRIA) are reductions in the pursuant to the RFA. The Comments commodities, the number of products numbers of affected firms and and Responses section lists the required to be labeled is reduced establishments in the peanut sector and comments received on the preliminary because the definition of a processed the addition of chicken, goat, ginseng, RFA and provides the Agency’s food item has been broadened, thus macadamia nuts, and pecans as covered responses to the comments. providing additional regulatory relief. commodities. These changes and the The objective of the rule is to regulate use of more up-to-date information The rule is the direct result of the activities of retailers (as defined by resulted in the number of statutory obligations to implement the the law) and their suppliers so that establishments and firms decreasing COOL provisions of the 2002 and 2008 retailers will be able to fulfill their from the PRIA. Farm Bills. The Act requires USDA to statutory obligations. The rule requires This rule potentially will have an issue regulations to implement a retailers to provide country of origin impact on all participants in the supply mandatory COOL program for the information for all of the covered chain, although the nature and extent of remaining covered commodities not commodities that they sell. It also the impact will depend on the later than September 30, 2008. The requires all firms that supply covered participant’s function within the intent of this law is to provide commodities to these retailers to marketing chain. The rule likely will consumers with additional information provide the retailers with the have the greatest impact on retailers and on which to base their purchasing information needed to correctly label intermediaries (handlers, processors, decisions. Specifically, the law imposes the covered commodities. In addition, wholesalers, and importers), while the additional Federal labeling all other firms in the supply chain for impact on individual producers is likely requirements for covered commodities the covered commodities are potentially to be relatively small. sold by retailers subject to the law. affected by the rule because country of The direct incremental costs are Covered commodities include muscle origin information will need to be estimated for the rule at approximately cuts of beef (including veal), lamb, pork, maintained and transferred along the $2,517 million. The decrease in the chicken, and goat; ground beef, ground entire supply chain. In general, the direct incremental cost in the rule as lamb, ground pork, ground goat, and supply chains for the covered compared to the PRIA is mainly the ground chicken; perishable agricultural commodities consist of farms, result of broadening the definition of a commodities; ginseng; peanuts; processors, wholesalers, and retailers. A processed food item, which exempts macadamia nuts; and pecans. listing of the number of entities in the more products from the labeling Under preexisting Federal laws and supply chains for each of the covered requirements of the rule. regulations, COOL is not universally commodities can be found in Table 1. There are two measures used by the required for the commodities covered by Retailers covered by this rule must Small Business Administration (SBA) to this rule. In particular, labeling of meet the definition of a retailer as identify businesses as small: Sales United States origin is not mandatory, defined by the Perishable Agricultural receipts or number of employees. In and labeling of imported products at the Commodities Act of 1930 (PACA). The terms of sales, SBA classifies as small consumer level is required only in PACA definition includes only those those grocery stores with less than $25 certain circumstances. Thus, the Agency retailers handling fresh and frozen fruits million in annual sales and specialty has not identified any Federal rules that and vegetables with an invoice value of food stores with less than $6.5 million

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in annual sales (13 CFR 121.201). meet the definition of a PACA retailer than 100 employees, resulting in Warehouse clubs and superstores with because most of these larger food approximately 95 percent of the fresh less than $25 million in annual sales are retailers likely would handle fresh and fruit and vegetable wholesalers being also defined as small. SBA defines as frozen fruits and vegetables with an classified as small businesses. small those agricultural producers with invoice value of at least $230,000 While information on ginseng less than $750,000 in annual receipts. annually. Thus, an estimated 83 percent wholesalers is not available, 46 dealers Of the other businesses potentially (3,351 out of 4,040) of the retailers have been identified and they would all affected by the rule, SBA classifies as subject to the rule are small. However, be considered as small businesses. small those manufacturing firms with this is only 8.0 percent of the estimated In addition to specialty wholesalers less than 500 employees and total number of small food store that primarily handle a single covered wholesalers with less than 100 retailers. In other words, an estimated commodity, there are also general-line employees. 92.0 percent of small food store retailers wholesalers that handle a wide range of Retailers: While there are many would not be subject to the products. It is assumed that these potential retail outlets for the covered requirements of the rule. general-line wholesalers likely handle at commodities, food stores, warehouse Retailer costs under the rule are least one and possibly all of the covered clubs, and superstores are the primary estimated at $952 million. Costs are commodities. Therefore, the number of retail outlets for food consumed at estimated at $235,551 per retail firm and general-line wholesale businesses is home. In fact, food stores, warehouse $26,149 per retail establishment. These included among entities affected by the clubs, and superstores account for 75.6 estimated costs are lower than the PRIA rule. percent of all food consumed at home upper range estimates. Retailers will The 2004 Statistics of U.S. Businesses (Ref. 9). Therefore, the number of these face recordkeeping costs, costs provides information on general-line stores provides an indicator of the associated with supplying country of grocery wholesalers by employment number of entities potentially affected origin information to consumers, and size. There were 3,037 firms in total, by this rule. The 2002 Economic Census possibly additional handling costs. and 2,858 firms had less than 100 (Ref. 10) shows there were 42,318 food These cost increases may result in employees. This results in store, warehouse club, and superstore changes to retailer business practices. approximately 94 percent of the general- firms operated for the entire year. Most The rule does not specify the systems line grocery wholesalers being classified of these firms, however, would not be that affected retailers must put in place as small businesses. subject to the requirements of this rule. to implement mandatory COOL. Instead, In general, over 94 percent of the The law defines the term retailer as retailers will be given flexibility to wholesalers are classified as small having the meaning given that term in develop or modify their own systems to businesses. This indicates that most of section 1(b) of the Perishable comply with the rule. There are many the wholesalers affected by mandatory Agricultural Commodities Act of 1930 ways in which the rule’s requirements COOL may be considered as small (PACA). Thus, under this interim final may be met and firms will likely choose entities as defined by SBA. rule, a retailer is defined as any person the least cost method in their particular It is estimated that intermediaries licensed as a retailer under PACA. The situation to comply with the rule. (importers and domestic wholesalers, number of such businesses is estimated Wholesalers: Any establishment that handlers, and processors) will incur from PACA data (Ref. 11). The PACA supplies retailers with one or more of costs under the rule of approximately definition of a retailer includes only the covered commodities will be $1,115 million. Costs are estimated at those retailers handling fresh and frozen required by retailers to provide country $53,948 per intermediary firm and fruits and vegetables with an invoice of origin information so that retailers $50,598 per establishment. value of at least $230,000 annually. can accurately supply that information Wholesalers will encounter increased Therefore, the number of retailers to consumers. Of wholesalers costs in complying with mandatory affected by this rule is considerably potentially affected by the rule, SBA COOL. Wholesalers will likely face smaller than the number of food defines those having less than 100 increased recordkeeping costs, costs retailers nationwide. USDA data employees as small. Importers of associated with supplying country of indicate that there are 4,040 retail firms covered commodities will also be origin information to retailers, and as defined by PACA that would thus be affected by the rule and are categorized possibly costs associated with subject to the rule. As explained below, as wholesalers in the data. segmenting products by country of most small food store firms have been The 2004 Statistics of U.S. Businesses origin, and additional handling costs. excluded from mandatory COOL based (Ref. 12) provides information on Some of the comments received on the on the PACA definition of a retailer. wholesalers by employment size. For proposed rule from wholesalers and The 2002 Economic Census data meat and meat products wholesalers retailers have indicated that retailers provide information on the number of there is a total of 2,509 firms. Of these, may choose to source covered food store firms by sales categories. Of 2,401 firms have less than 100 commodities from a single supplier that the 42,318 food stores, warehouse club, employees. This indicates that procures the covered commodity from and superstore firms, an estimated approximately 96 percent of meat only one country in an attempt to 41,629 firms had annual sales meeting wholesalers are considered as small minimize the costs associated with the SBA definition of a small firm plus firms using the SBA definition. complying with mandatory COOL. 689 other firms that would be classified There are 510 chicken wholesaler/ These changes in business practices as above the $25 million threshold. distributor firms operating 564 facilities. could lead to the further consolidation USDA has no information on the Of these, there are 332 firms which have of firms in the wholesaling sector. The identities of these firms, and the PACA less than 100 employees, resulting in rule does not specify the systems that database does not identify firms by approximately 65 percent of the chicken affected wholesalers must use to North American Industry Classification wholesalers/distributors being classified implement mandatory COOL. Instead, System code that would enable as small businesses. wholesalers will be given flexibility to matching with Economic Census data. For fresh fruit and vegetable modify or develop their own systems to USDA assumes, however, that all or wholesalers there are a total of 4,654 comply with the rule. There are many nearly all of the 689 large firms would firms. Of these, 4,418 firms have less ways in which the rule’s requirements

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may be met. In addition, wholesalers costs in complying with mandatory general, additional producer costs have the option of supplying covered COOL. Manufacturers like wholesalers include the cost of modifying and commodities to retailers or other will likely face increased recordkeeping maintaining a recordkeeping system for suppliers that are not covered by the costs, costs associated with supplying the country of origin information, rule. country of origin information to animal or product identification, and Manufacturers: Any manufacturer retailers, and possibly costs associated labor and training. Based on our that supplies retailers or wholesalers with segmenting products by country of knowledge of the affected industries as with a covered commodity will be origin and additional handling costs. well as comments received on the required to provide country of origin Some of the comments received on the proposed rule and the voluntary information to retailers so that the proposed rule from manufacturers have guidelines, it is believed that producers information can be accurately supplied indicated that they may limit the already have much of the information to consumers. Most manufacturers of number of sources from which they available that could be used to covered commodities will likely print procure raw products. These changes in substantiate country of origin claims. country of origin information on retail business practices could lead to the Cattle, hog, lamb, sheep, chicken, and packages supplied to retailers. Of the further consolidation of firms in the goat producers may have a slightly manufacturers potentially affected by manufacturing sector. The rule does not larger burden for recordkeeping than the rule, SBA defines those having less specify the systems that affected fruit, vegetable, ginseng, peanut, than 500 employees as small. manufacturers must use to implement macadamia nut, and pecan producers The 2004 Statistics of U.S. Businesses mandatory COOL. Instead, because animals can be born in one (Ref. 12) provides information on manufacturers will be given flexibility country and fed and slaughtered in manufacturers by employment size. For to modify or develop their own systems another country. However, this rule livestock processing and slaughtering to comply with the rule. There are many provides flexibility in labeling meat there is a total of 2,943 firms. Of these, ways in which the rule’s requirements covered commodities of multiple 2,834 firms have less than 500 may be met. origins. employees. This suggests that 96 Producers: Producers of perishable The costs for producers are expected percent of livestock processing and agricultural commodities, peanuts, to be relatively limited and should not slaughtering operations would be macadamia nuts, pecans, and ginseng have a larger impact on small producers considered as small firms using the SBA are directly affected by mandatory than large producers. Producer costs are definition. COOL. Producers of cattle, hogs, sheep, estimated at $450 million, or an For chicken processing there are a and goats while not directly covered by estimated $376 per firm. total of 38 firms, only two of which are this rule, will nevertheless be affected Economic impact on small entities: classified as small. Thus, only 5 percent because covered meat commodities are Information on sales or employment is of the chicken processors are small produced from livestock. Whether not available for all firms or businesses. directly or indirectly affected, these establishments shown in Table 1. For frozen fruit, juice, and vegetable producers will more than likely be However, it is reasonable to expect that manufacturers there is a total of 155 required by handlers and wholesalers to this rule will have a substantial impact firms. There are 132 of these firms that maintain country of origin information on a number of small businesses. At the are considered to be small. This suggests and transfer it to them so that they can wholesale and retail levels of the supply that 85 percent of the frozen fruit, juice, readily transfer this information to chain, the efficiency of these operations and vegetable manufacturers would be retailers. Individuals who grow-out may be affected. For packers and considered as small using the SBA chickens for an integrator are not processors handling products sourced definition. expected to be affected by this rule. from multiple countries, there may also There are a total of 161 roasted nuts SBA defines a small agricultural be a desire to operate separate shifts for and peanut butter manufacturers, which producer as having annual receipts less processing products from different includes firms that do drying. Because than $750,000. The 2002 U.S. Census of origins, or to split processing within only green and raw peanuts, macadamia Agriculture (Ref. 13) shows there are shifts. In either case, costs are likely to nuts, and pecans will require retail 1,018,359 farms that raise beef cows, increase. Records will need to be country of origin labeling under this and 2,458 are estimated to have annual maintained to ensure that accurate rule, it is estimated that no more than receipts greater than $750,000. Thus, at country of origin information is retained 5 percent of peanut, macadamia nut, least 99 percent of these beef cattle throughout the process and to permit and pecan manufacturing firms will be farms would be classified as small compliance and enforcement reviews. affected. Therefore, 8 peanut, businesses according to the SBA Even if only domestic origin products macadamia nut, and pecan definition. Similarly, an estimated 82 or products from a single country of manufacturers are estimated to be percent of hog farms would be origin are handled, there may be affected, most if not all of which likely considered as small and an estimated 99 additional procurement costs to source could be considered as small. percent of sheep, lamb, and goat farms supplies from a single country of origin. In general, approximately 95 percent would be considered as small. Additional procurement costs may of the manufacturers are classified as Based on 2002 U.S. Census of include higher transportation costs due small businesses. This indicates that Agriculture information, 92 percent of to longer shipping distances and higher most of the manufacturers of covered vegetable farms, 94 percent of fruit, nut, acquisition costs due to supply and commodities impacted by the rule and berry farms, and 91 percent of demand conditions for products from a would be considered as small entities as peanut, macadamia nut, and pecan particular country of origin, whether defined by SBA. farms could be classified as small. domestic or foreign. Manufacturers are included as At the production level, agricultural These additional costs may result in intermediaries and additional costs for producers will need to maintain records consolidations within the processor, these firms are discussed in the to establish country of origin for the manufacturer, and wholesaler sectors previous section addressing products they sell. This information will for these covered commodities. Also, to wholesalers. Manufacturers of covered need to be conveyed as the products comply with the rule, retailers may seek commodities will encounter increased move through the supply chains. In to limit the number of entities from

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which they purchase covered identification and electronic estimate of the annual recordkeeping commodities. recordkeeping systems. burden. Additional alternatives considered: The rule has no requirements for Title: Recordkeeping and Records As previously mentioned, the COOL firms to report to USDA. Compliance Access Requirements for Producers and provisions of the Act leave little audits will be conducted at firms’ places Food Facilities regulatory discretion in defining who is of business. As stated previously, OMB Number: 0581–new directly covered by this rule. The law required records may be kept by firms Type of Request: New collection. explicitly identifies those retailers in the manner most suitable to their Expiration Date: Three years from the required to provide their customers with operations and may be hardcopy date of approval. Abstract: The COOL provisions in the country of origin information for documents, electronic records, or a 2002 and 2008 Farm Bills require that covered commodities (namely, retailers combination of both. In addition, the as defined by PACA). specified retailers inform consumers as rule provides flexibility regarding where to the country of origin of covered The law also requires that any person records may be kept. If the product is supplying a covered commodity to a commodities. Covered commodities pre-labeled with the necessary country included in this rulemaking are: Muscle retailer provide information to the of origin information, records retailer indicating the country of origin cuts of beef (including veal), lamb, documenting once-forward and once- chicken, goat, and pork; ground beef, of the covered commodity. Again, the back chain of custody information are law provides no discretion regarding ground lamb, ground chicken, ground sufficient as long as the source of the goat, and ground pork; perishable this requirement for suppliers of claim can be tracked and verified. Such covered commodities to provide agricultural commodities; macadamia flexibility should reduce costs for small nuts; pecans; ginseng; and peanuts. information to retailers. entities to comply with the rule. The rule has no mandatory The key changes from the preliminary requirement, however, for any firm The rule requires that covered PRA analysis are reductions in the other than statutorily defined retailers to commodities at subject retailers be numbers of affected firms and make country of origin claims. In other labeled with country of origin establishments in the peanut sector and words, no producer, processor, information, that suppliers of covered the addition of chicken, goat, ginseng, wholesaler, or other supplier is required commodities provide such information macadamia nuts, and pecans as covered to make and substantiate a country of to retailers, and that retailers and their commodities. These changes, and the origin claim provided that the suppliers maintain records and use of more recent data for the other commodity is not ultimately sold in the information sufficient to verify all covered commodities, results in the form of a covered commodity at the country of origin claims. The rule number of establishments and firms establishment of a retailer subject to the provides flexibility regarding the decreasing from the preliminary PRA. In rule. Thus, for example, a processor and manner in which the required addition, as discussed in more detail its suppliers may elect not to maintain information may be provided by below, the recordkeeping retention country of origin information nor to retailers to consumers. The rule period has been reduced for both make country of origin claims, but provides flexibility in the manner in supplier and retailer records. Further, instead sell products through marketing which required country of origin the 2008 Farm Bill specifically allows channels not subject to the rule. Such information is provided by suppliers to for the use of producer affidavits and marketing alternatives include retailers, and in the manner in which prohibits the Secretary from requiring foodservice, export, and retailers not records and information are maintained the maintenance of additional records subject to the rule. It is estimated that to substantiate country of origin claims. not already maintained in the normal 47.0 percent of United States food sales Thus, the rule provides the maximum course of business. occur through retailers subject to the flexibility practicable to enable small While the Agency believes there will rule, with the remaining 53.0 percent entities to minimize the costs of the rule be savings to firms as a result of these sold by retailers not subject to the rule on their operations. changes, such savings are difficult to or sold as food away from home. The recordkeeping burden associated quantify. In addition, a number of Additionally, food product sales into with this rule was reduced based on affected firms commented that the export markets provide marketing public comments. USDA seeks initial paperwork burden estimates opportunities for producers and comments on whether the regulatory published in the proposed rule were too intermediaries that are not subject to the impact analysis accurately reflects the low. Therefore, the estimated labor provisions of the rule. The majority of potential population of impacted small hours per firm and per establishment product sales are not subject to the rule, entities and the extent to which the remain unchanged in this PRA analysis. and there are many current examples of regulation economically impacts those Comments are specifically invited on companies specializing in production of entities. this issue. Upon request by USDA commodities for foodservice, export Paperwork Reduction Act markets, and other channels of representatives, suppliers and retailers distribution that would not be directly Pursuant to the Paperwork Reduction subject to this subpart shall make affected by the rule. Act (PRA) (44 U.S.C. 3501–3520), the available to USDA representatives, The rule does not dictate systems that information collection provisions records maintained in the normal course firms will need to put in place to associated with this interim final rule of business that verify an origin claim. implement the requirements. Thus, have been submitted to OMB for Such records shall be provided within different segments of the affected approval as a new collection. The 5 business days of the request and may industries will be able to modify or Comments and Responses section lists be maintained in any location. Any develop their own least-cost systems to the comments received on the person engaged in the business of implement COOL requirements. For preliminary PRA analysis contained in supplying a covered commodity to a example, one firm may depend the October 30, 2003, proposed rule and retailer (i.e., including but not limited to primarily on manual identification and provides the Agency’s responses to the producers, distributors, handlers, paper recordkeeping systems, while comments. A description of these packers, and processors), whether another may use automated provisions is given below with an directly or indirectly, must make

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country of origin information available information systems and must be producers, handlers, manufacturers, to the retailer and must maintain maintained for a period of 1 year from wholesalers, importers, and retailers of records to establish and identify the the date of the transaction. covered commodities will be affected by immediate previous source and As previously mentioned, upon this rule. request by USDA representatives, immediate subsequent recipient of a Burden: Approximately 1,255,591 suppliers and retailers subject to this covered commodity for a period of one establishments owned by approximately subpart shall make available to USDA year from the date of the transaction. In 1,221,740 firms are estimated to be representatives, records maintained in addition, the supplier of a covered either directly or indirectly affected by commodity that is responsible for the normal course of business that verify this rule. As previously discussed in initiating a country(ies) of origin claim, an origin claim. Such records shall be previous sections of this document, which in the case of beef, lamb, chicken, provided within 5 business days of the several changes have been made in this goat, and pork is the slaughter facility, request and may be maintained in any interim final rule compared to the must possess or have legal access to location. In addition, records that October 30, 2003, proposed rule. These records that are necessary to identify the covered commodity, the changes are a result of changes made by substantiate that claim. In the case of retail supplier, and for products that are the Agency in an effort to reduce the beef, lamb, chicken, pork, and goat, a not pre-labeled the country of origin burden on regulated entities as well as producer affidavit shall be considered information must be maintained for a changes made by the 2008 Farm Bill. acceptable evidence on which the period of one year from the date the slaughter facility may rely to initiate the origin declaration is made at retail. Such In general, the supply chain for each origin claim, provided it is made by records may be located at the retailer’s of the covered commodities includes someone having first-hand knowledge of point of distribution, or at a warehouse, agricultural producers, processors, the origin of the animal(s) and identifies central office or other off-site location. wholesalers, importers, and retailers. the animal(s) unique to the transaction. Description of Recordkeepers: Imported products may be introduced at For an imported covered commodity, Individuals who supply covered any level of the supply chain. Other the importer of record must ensure that commodities, whether directly to intermediaries, such as auction markets, records provide clear product tracking retailers or indirectly through other may be involved in transferring from the port of entry into the United participants in the marketing chain, are products from one stage of production States to the immediate subsequent required to establish and maintain to the next. The rule’s paperwork recipient. In addition, the records must country of origin information for the burden will be incurred by the number accurately reflect the country of origin covered commodities and supply this and types of firms and establishments in relevant CBP entry documents and information to retailers. As a result, listed in Table 9, which follows.

TABLE 9—COSTS ASSOCIATED WITH PAPERWORK BURDEN

Establish- Maintenance Type Firms Initial costs ments costs Total costs

Producers: Cattle & Calves ...... 971,400 75,699,259 971,400 145,651,716 221,350,975 Sheep & Lambs ...... 69,090 5,384,046 69,090 10,359,355 15,743,400 Hogs & Pigs ...... 65,540 5,107,401 65,540 9,827,068 14,934,469 Goats ...... 9,146 715,745 9,146 1,371,381 2,084,126 Chicken Producer and Processor ...... 38 2,961 168 25,190 28,151 Fruits & Vegetables ...... 79,800 6,218,654 79,800 3,788,984 10,007,638 Ginseng ...... 190 14,806 190 9,021 23,828 Peanuts ...... 650 50,653 650 30,863 81,516 Pecans ...... 1,119 87,192 1,119 53,130 140,323 Macadamia ...... 53 4,130 53 2,516 6,647 Handlers, Processors, & Wholesalers: Stockyards, Dealers & Market Agencies ...... 6,807 8,910,363 6,807 6,589,040 15,499,403 Livestock Processing & Slaughtering ...... 2,943 3,852,387 3,207 62,086,237 65,938,624 Meat & Meat Product Wholesale ...... 2,509 3,284,281 2,706 2,619,354 5,903,635 Chicken Processor and Wholesaler ...... 510 667,590 564 545,941 1,213,531 Frozen Fruit, Juice & Vegetable Mfg ...... 155 202,895 247 239,091 441,986 Fresh Fruit & Vegetable Wholesale ...... 4,654 6,092,086 5,016 4,855,388 10,947,474 Ginseng Dealers...... 46 60,214 46 44,527 104,741 Roasted Nuts & Peanut Butter Mfg ...... 8 10,472 9 8,712 19,184 Peanut, Pecans, & Macadamia Nut Wholesalers ...... 5 6,545 5 4,840 11,385 General Line Grocery Wholesalers ...... 3,037 3,975,433 3,436 3,325,979 7,301,412 Retailers ...... 4,040 5,288,360 36,392 247,264,534 252,552,894

Totals: Producers ...... 1,197,026 93,281,849 1,197,156 171,119,224 264,401,073 Handlers, Processors, & Wholesalers ...... 20,674 27,062,266 22,043 80,319,108 107,381,374 Retailers ...... 4,040 5,288,360 36,392 247,264,534 252,552,894

Grand Total...... 1,221,740 125,632,475 1,255,591 498,702,866 624,335,341

The affected firms and establishments costs to comply with the rule. Initial than one establishment. Second, will broadly incur two types of costs. costs will be borne by each firm, even enterprises will incur additional First, firms will incur initial or start-up though a single firm may operate more recordkeeping costs associated with

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storing and maintaining records on an initial or start-up costs would be any bookkeepers, or in the case of operations ongoing basis. These activities will take additional recordkeeping burden that perform their own bookkeeping, an place in each establishment operated by needed to record the required country of individual with equivalent skills. The each affected business. origin information and transfer this Bureau of Labor Statistics (BLS) Compared to the proposed rule, this information to handlers, processors, publishes wage rates for bookkeepers, rule reduces the length of time that wholesalers, or retailers via records accounting, and auditing clerks (Ref. records must be kept and revises the used in the normal course of business. 15). It is assumed that this wage rate recordkeeping requirements for pre- Producers will need an estimated 4 represents the cost for producers to hire labeled products. Any person engaged hours to modify an established system an independent bookkeeper. In the case in the business of supplying a covered for organizing records to carry out the of producers who currently perform commodity to a retailer, whether purposes of this regulation. This their own bookkeeping, it is assumed directly or indirectly, must maintain additional time would be required to that this wage rate represents the records to establish and identify the modify existing recordkeeping systems opportunity cost of the producers’ time immediate previous source and to incorporate any added information for performing these tasks. The May immediate subsequent recipient of a needed to substantiate country of origin 2006 wage rate, the most recent data covered commodity for a period of 1 claims. Although not all farm products available, is estimated at $15.28 per year from the date of the transaction. ultimately will be sold at retail hour. For this analysis, an additional Under the proposed rule, records would establishments covered by this rule, it is 27.5 percent is added to the wage rate have been required to be kept for 2 assumed that virtually all producers to account for total benefits which years. will wish to keep their marketing includes social security, unemployment Upon request by USDA options as flexible as possible. Thus, all insurance, workers compensation, etc. representatives, suppliers and retailers producers of covered commodities or The estimate of this additional cost to subject to this subpart shall make livestock (in the case of the covered employers is published by the BLS (Ref. available to USDA representatives, meat commodities) will modify 15). At 4 hours per firm and a cost of records maintained in the normal course recordkeeping systems sufficient to $19.48 per hour, initial recordkeeping of business that verify an origin claim. substantiate country of origin claims. It costs to producers are estimated at Such records shall be provided within is also recognized that some operations approximately $93.3 million to modify 5 business days of the request and may will require substantially more than 4 existing recordkeeping systems in order be maintained in any location. Under hours modifying their recordkeeping to substantiate country of origin claims. the proposed rule, retailers would have systems. In particular, it is believed that The recordkeeping burden on to have maintained these records at the livestock backgrounders, stockers, and handlers, processors, wholesalers, and retail store for 7 days following the sale feeders will face a greater burden in retailers is expected to be more complex of the product. modifying recordkeeping systems. than the burden most producers face. For pre-labeled products, the rule These types of operations will need to These operations will need to maintain provides that the label itself is sufficient track country of origin information for country of origin information on the evidence on which the retailer may rely animals brought into the operation as covered commodities purchased and to establish a product’s origin. The well as for animals sold from the subsequently furnish that information to proposed rule did not provided for this operation via records used in the normal the next participant in the supply chain. method of substantiation. The rule now course of business, increasing the This will require adding additional requires that records identify the burden of substantiating country of information to a firm’s bills of lading, covered commodity, the supplier and origin claims. Conversely, operations invoices, or other records associated for products that are not pre-labeled, the such as fruit and vegetable farms that with movement of covered commodities country of origin information. This produce only United States products from purchase to sale. Similar to information must be maintained for a likely will require little if any change to producers, however, it is believed that period of 1 year from the date the origin their existing recordkeeping systems in most of these operations already and production designations are made order to substantiate country of origin maintain the types of necessary records at retail. Under the proposed rule, these claims. Overall, it is believed that 4 in their existing systems. Thus, it is records would have been required to be hours represents a reasonable estimate assumed that country of origin maintained for 2 years. of the average additional time that will information will require only With respect to initial recordkeeping be required per year across all types of modification of existing recordkeeping costs, it is believed that most producers producers. systems rather than development of new currently maintain normal business that In estimating initial recordkeeping systems. would contain the information needed costs, 2001 wage rates and benefits The Label Cost Model Developed for to substantiate country of origin claims. published by the Bureau of Labor FDA by RTI International (Ref. 16; Ref. However, producers do not typically Statistics from the National 17) is used to estimate the cost of pass along country of origin information Compensation Survey were used. including additional country of origin to subsequent purchasers. Therefore, Subsequently, the National information to an operation’s records. It producers likely will incur some Compensation Survey has been updated is assumed that a limited information, additional incremental costs to record, and 2006 wage rates and benefits are one-color redesign of a paper document maintain, and transfer country of origin now available. These updated wage will be sufficient to comply with the information to substantiate required rates and benefits are used in estimating rule’s recordkeeping requirements. The claims made at retail. Because much of the recordkeeping costs and results in number of hours required to complete the necessary recordkeeping has already an increase in the estimated costs. the redesign is estimated to be 29 with been developed during typical farm and For producers, it is assumed that the an estimated cost at $1,309 per firm. ranch operations, it is estimated that the added work needed to initially adapt an While the cost will be much higher for incremental costs for producers to existing recordkeeping system for some firms and lower for others, it is supplement existing records with country of origin information is believed that $1,309 represents a country of origin information will be primarily a bookkeeping task. This task reasonable estimate of average cost for relatively small per firm. Examples of may be performed by independent all firms. Based on this, it is estimated

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that the initial recordkeeping costs to Cattle, for example, typically change additional hour a week. It is expected, intermediaries such as handlers, ownership between 2 to 3 times before however, that livestock processing and processors, and wholesalers (importers they are slaughtered and processed. slaughtering enterprises will experience are included with wholesalers) will be Livestock may be acquired from other a more intensive recordkeeping burden. approximately $27 million, and initial countries by United States producers, These enterprises disassemble carcasses recordkeeping costs at retail will be which may complicate the task of into many individual cuts, which must approximately $5 million. The tracking country of origin information. maintain their country of origin recordkeeping cost to producers Because animals are frequently sorted identity. In addition, businesses that increases due to the increase in the and regrouped at various stages of produce ground beef, lamb, goat and number of firms from the additional production and may change ownership pork may commingle product from covered commodities; goat, chicken, several times prior to slaughter, country multiple origins, which will require macadamia nuts, pecans, and ginseng. of origin information will need to be some monitoring and recordkeeping to The recordkeeping cost to maintained on animals as they move ensure accurate labeling and to intermediaries and retailers declines through their lifecycle. Thus, it is substantiate the country of origin slightly from the initial recordkeeping expected that the recordkeeping burden information provided to retailers. cost estimate in the proposed rule due for livestock producers will be higher Maintenance of the recordkeeping to the reduction in the number than it will be for producers of other system at these establishments is intermediaries and retailers from covered commodities. It is estimated estimated to total 1,040 hours per continuing consolidation in those that these producers will require an establishment, or 20 hours per week. sectors. additional 12 hours a year, or 1 hour per Maintenance activities will include The total initial recordkeeping costs month, to maintain country of origin inputting, tracking, and storing country for all firms are thus estimated at records. Again, this is an average for all of origin information for each covered approximately $125 million. This enterprises. commodity. Since this is mostly an increase in the recordkeeping cost as It is assumed that farm labor will administrative task, the cost is estimated compared to the initial recordkeeping primarily be responsible for maintaining by using the May 2006 BLS wage rate costs in the proposed rule is due to the country of origin information at from the National Compensation Survey higher estimated wage rates and producers’ enterprises. NASS data (Ref. for Administrative Support Occupations benefits. 18) are used to estimate average farm ($14.60 per hour with an additional 27.5 In addition to these one-time costs to wage rates—$9.80 per hour for livestock percent added to cover overhead costs modify recordkeeping systems, workers and $9.31 per hour for other for a total of $18.62 per hour). This enterprises will incur additional crops workers. Applying the rate of 27.5 occupation category includes stock and recordkeeping costs associated with percent to account for benefits results in inventory clerks and record clerks. storing and maintaining records. These an hourly rate of $12.50 for livestock Coupled with the assumed hours per costs are referred to as maintenance workers and $11.87 for other crops establishment, the resulting total annual costs in Table 9. Again, the marginal workers. Assuming 12 hours of labor per maintenance costs to handlers, cost for producers to maintain and store year for livestock operations and 4 processors, and wholesalers and other any additional information needed to hours per year for all other operations, intermediaries are estimated at substantiate country of origin claims is the estimated total annual maintenance approximately $80 million. expected to be relatively small. costs to producers is $171 million, Retailers will need to supply country For fruit, vegetable, ginseng, peanut, which is higher than the initial of origin information for each covered macadamia nut, and pecan producers, maintenance costs in the proposed rule. commodity sold at each store. country of origin generally is The increase in the estimated Therefore, additional recordkeeping established at the time that the product maintenance cost is due to the higher maintenance costs are believed to affect is harvested, and thus there is no need estimated wage rates and benefits and each establishment. Because tracking of to track country of origin information the increase in the number of producers the covered commodities will be done throughout the production lifecycle of due to the inclusion of chickens, goats, daily, it is believed that an additional the product. Likewise, this is also the ginseng, macadamia nuts, and pecans as hour of recordkeeping activities for case for chicken as the vast majority of covered commodities. country of origin information will be chicken products sold by covered It is expected that intermediaries such incurred daily at each retail retailers are from chickens that are as handlers, processors, and wholesalers establishment. These additional produced in a controlled environment will face higher costs per enterprise to activities result in an estimated 365 in the United States. This group of maintain country of origin information additional hours per year per producers is estimated to require an compared to costs faced by producers. establishment. Using the BLS wage rate additional 4 hours a year, or 1 hour per Much of the added cost is attributed to for administrative support occupations quarter, to maintain country of origin the larger average size of these ($14.60 per hour with an additional 27.5 information. enterprises compared to the average percent added to cover overhead costs Compared to chicken, fruit, vegetable, producer enterprise. In addition, these for a total of $18.62 per hour) results in ginseng, peanut, macadamia nut, and intermediaries will need to track total estimated annual maintenance pecan producers, it is expected that products both coming into and going costs to retailers of $247 million. This livestock producers will incur higher out of their businesses. estimated cost is higher than the initial costs to maintain country of origin With the exception of livestock maintenance cost for retailers in the information. Chicken, fruits, vegetables, processing and slaughtering proposed rule due to the higher wage ginseng, peanuts, and macadamia nuts establishments, the maintenance burden rate and benefits from the updated BLS are generally harvested once and then hours for country of origin information. shipped by the producer to the first recordkeeping is estimated to be 52 The total maintenance recordkeeping handler. In contrast, livestock can and hours per year per establishment. For costs for all enterprises are thus often do move through several this part of the supply chain, the estimated at approximately $499 geographically dispersed operations recordkeeping activities are on-going million. The increase in the total prior to sale for processing or slaughter. and are estimated to require an maintenance cost over the initial

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maintenance cost estimate in the of appropriate automated, electronic, 10. U.S. Census Bureau. 2002 Economic proposed rule is due to the higher wage mechanical, or other technological Census. Retail Trade Subject Series. rates and benefits which were updated recordkeeping techniques or other forms Establishment and Firm Size. with more recent information and the of information technology. Comments EC97R44S–SZ. Issued September 2004. addition of more covered commodities. 11. AMS, USDA. Perishable Agricultural concerning the recordkeeping Commodities Act database. The total first-year recordkeeping requirements contained in this interim 12. U.S. Census Bureau. 2004 Statistics of burden is calculated by summing the final rule should be submitted through U.S. Businesses. initial and maintenance costs. The total the Internet at http:// 13. NASS, USDA. 2002 Census of recordkeeping costs are estimated for www.regulations.gov. Written comments Agriculture. producers at approximately $264 should be sent to Country of Origin 14. NASS, USDA. 2005 Census of million; for handlers, processors, and Labeling Program, Room 2607–S; Aquaculture. wholesalers at approximately $107 Agricultural Marketing Service (AMS), 15. Bureau of Labor Statistics, Department of million; and for retailers at USDA; STOP 0254; 1400 Independence Labor, National Compensation Survey, May 2006, Employer Cost for Employee approximately $253 million. The total Avenue, SW.; Washington, DC 20250– recordkeeping cost for all participants in Compensation. 0254, or by facsimile to 202/354–4693. 16. Food and Drug Administration. the supply chain for covered Comments sent to the above location ‘‘Establishment and Maintenance of commodities is estimated at $624 should also be sent to the Desk Officer Records Under the Public Health million for the first year, with for Agriculture, Office of Information Security and Bioterrorism Preparedness subsequent maintenance costs of $499 and Regulatory Affairs, Office of and Response Act of 2002,’’ proposed million per year. rule. May 9, 2003. Annual Reporting and Recordkeeping Management and Budget, New 17. RTI, International 2000. FDA Labeling Burden for the First Year (Initial): Public Executive Office Building, 725 17th Cost Model: Final Report. Revised April reporting burden for this initial Street, NW., Room 725, Washington, DC 2002. recordkeeping set up is estimated to 20503. All responses to this action will 18. NASS, USDA. Farm Labor, August 17, average 4.5 hours per year per be summarized and included in the 2007. request for OMB approval. All 19. Office of the Chief Economist, USDA. individual recordkeeper. USDA Agricultural Baseline Projections Estimated Number of Firms comments will become a matter of public record. to 2016, Staff Report WAOB–2007–1. Recordkeepers: 1,221,740. February 2007. Estimated Total Annual Burden: References 5,504,811 hours. Executive Order 12988 Annual Reporting and Recordkeeping 1. Dinopoulos, Elias, Grigorios Livanis, and The contents of this rule were Burden (Maintenance): Public reporting Carol West. ‘‘How Cool is C.O.O.L.?’’ Working Paper WPTC 05–11, University reviewed under Executive Order 12988, burden for this recordkeeping storage of Florida, International Agricultural Civil Justice Reform. This rule is not and maintenance is estimated to average Trade and Policy Center, 2005. intended to have a retroactive effect. 24.9 hours per year per individual 2. Plastina, Alejandro and Konstantinos States and local jurisdictions are recordkeeper. Giannakas. ‘‘Market and Welfare Effects Estimated Number of Establishments preempted from creating or operating of Mandatory Country-of-Origin Labeling country of origin labeling programs for Recordkeepers: 1,255,591. in the U.S. Specialty Crops Sector’’ Estimated Total Annual Burden: Selected Paper, American Agricultural the commodities specified in the Act 31,909,210 hours. Economics Association Annual Meeting, and these regulations. With regard to AMS is committed to implementation Portland, Oregon, July 2007. other Federal statutes, all labeling of the Government Paperwork 3. Mabiso, Athur, James Sterns, Lisa House, claims made in conjunction with this Elimination Act (GPEA) to provide the and Allen Wysocki. ‘‘Estimating regulation must be consistent with other public with the option to submit or Consumers’ Willingness-To-Pay for applicable Federal requirements. There transact business electronically to the Country-Of-Origin Labels in Fresh are no administrative procedures that Apples and Tomatoes: A Double-Hurdle extent practicable. This new must be exhausted prior to any judicial Probit Analysis of American Data Using challenge to the provisions of this rule. information collection has no forms and Factor Scores.’’ American Agricultural is only for recordkeeping purposes. Economics Association Annual Meeting, Civil Rights Review Therefore, the provisions of an Providence, Rhode Island, July 2005. electronic submission alternative are not 4. Krissoff, Barry, Fred Kuchler, Kenneth AMS considered the potential civil required by GPEA. Nelson, Janet Perry, and Agapi Somwaru. rights implications of this rule on AMS is soliciting comments from all ‘‘County of Origin Labeling: Theory and minorities, women, or persons with interested parties concerning these Observation.’’ USDA, ERS, WRS–04–02, disabilities to ensure that no person or recordkeeping requirements. Comments January 2004. group shall be discriminated against on are specifically invited on: (1) Whether 5. Information Resources, Inc. InfoScan 2002. the basis of race, color, national origin, 6. NASS, USDA, Wisconsin Department of the recordkeeping is necessary for the Agriculture. Wisconsin 2007 gender, religion, age, disability, sexual proper operation of this program, Agricultural Statistics. http:// orientation, marital or family status, including whether the information www.nass.usda.gov/Statistics_by_State/ political beliefs, parental status, or would have practical utility; (2) the Wisconsin/. protected genetic information. This accuracy of USDA’s estimate of the 7. NASS, USDA, Hawaii Department of review included persons that are burden of the recordkeeping Agriculture. Hawaii 2007 Agricultural employees of the entities that are subject requirements, including the validity of Statistics. http://www.nass.usda.gov/hi/ to these regulations. This interim final _ _ the methodology and assumptions used; stats/t of c.htm. rule does not require affected entities to (3) ways to enhance the quality, utility, 8. Bureau of Economic Analysis. http:// relocate or alter their operations in ways www.bea.gov/national/index.htm#gdp. and clarity of the records to be 9. ERS, USDA. Food CPI, Prices and that could adversely affect such persons maintained; and (4) ways to minimize Expenditures: Sales of Food at Home by or groups. Further, this rule will not the burden of the recordkeeping on Type of Outlet. http://www.ers.usda.gov/ deny any persons or groups the benefits those who are to maintain and/or make Briefing/CPIFoodAndExpenditures/Data/ of the program or subject any persons or the records available, including the use table16.htm. groups to discrimination.

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Executive Order 13132 programs are preempted. In most cases, I For the reasons set forth in the This rule has been reviewed under the requirements contained within this preamble, 7 CFR chapter I is amended Executive Order 13132, Federalism. rule are more stringent and prescriptive by adding part 65 to read as follows: than the requirements of the State This Order directs agencies to construe, PART 65—COUNTRY OF ORIGIN in regulations and otherwise, a Federal programs. With regard to consultation with States, as directed by the law, AMS LABELING OF BEEF, PORK, LAMB, statute to preempt State law only where CHICKEN, GOAT MEAT, PERISHABLE the statute contains an express has consulted with the States that have country of origin labeling programs. AGRICULTURAL COMMODITIES, preemption provision or there is some MACADAMIA NUTS, and PEANUTS other clear evidence to conclude that Further, States were expressly invited to comment on the proposed regulation as the Congress intended preemption of Subpart A—General Provisions it related to existing State programs. No State law, or where the exercise of State States submitted any comments Definitions authority conflicts with the exercise of pertaining to this issue. Federal authority under the Federal Sec. This interim final rule contains those 65.100 Act. statute. This rule is required by the 2002 provisions of the October 30, 2003 (68 65.105 AMS. Farm Bill, as amended by the 2008 Farm FR 61944), proposed rule that pertain to 65.110 Beef. Bill. muscle cuts of beef, lamb and pork; 65.115 Born. While this statute does not contain an ground beef, ground lamb, ground pork; 65.120 Chicken. express preemption provision, it is clear perishable agricultural commodities; 65.125 Commingled covered commodities. from the language in the statute that 65.130 Consumer package. and peanut covered commodities as 65.135 Covered commodity. Congress intended preemption of State well as the additional commodities that law. The law assigns enforcement 65.140 Food service establishment. were added by the 2008 Farm Bill: 65.145 Ginseng. responsibilities to the Secretary and Chicken, macadamia nuts, pecans, encourages the Secretary to enter into 65.150 Goat. ginseng, and goat meat. Modifications to 65.155 Ground beef. partnerships with States with these provisions have been made as 65.160 Ground chicken. enforcement infrastructure to assist in discussed herein. 65.165 Ground goat. the administration of the program. The This interim final rule is made 65.170 Ground lamb. law provides for a 30-day period in effective on September 30, 2008. The 65.175 Ground pork. which retailers and suppliers may take requirements of this rule do not apply 65.180 Imported for immediate slaughter. the necessary corrective action after to covered commodities produced or 65.185 Ingredient. receiving notice of a nonconformance. 65.190 Lamb. packaged before September 30, 2008. 65.195 Legible. The Secretary can impose a civil penalty This will allow existing product to clear only if the retailer or supplier has not 65.200 NAIS-compliant system. through the channels of commerce and 65.205 Perishable agricultural commodity. made a good faith effort to comply and permit AMS to conduct an industry 65.210 Person. only after the Secretary provides notice education and outreach program 65.215 Pork. and an opportunity for a hearing. concerning the provisions contained 65.220 Processed food item. Allowing private rights of actions would within this rulemaking. 65.225 Produced. frustrate the purpose of this Further, pursuant to 5 U.S.C. 553, it 65.230 Production step. comprehensive enforcement system in is found and determined upon good 65.235 Raised. which Congress struck a delicate cause that it is impractical, unnecessary, 65.240 Retailer. balance of imposing a requirement, but and contrary to the public interest to 65.245 Secretary. ensuring that the agency had wide 65.250 Slaughter. give preliminary notice prior to putting 65.255 United States. latitude in enforcement discretion. this rule into effect. This action is 65.260 United States country of origin. Thus, it is clear that State laws and authorized under the Agricultural 65.265 USDA. other actions were intended to be Marketing Act of 1946, as amended. preempted. This interim final rule reflects changes Country of Origin Notification Several States have implemented made as a result of comments received 65.300 Country of origin notification. mandatory programs for country of in response to the 2003 proposed rule 65.400 Markings. origin labeling of certain commodities. and the 2004 interim final rule on fish Recordkeeping For example, Alabama, Arkansas, and shellfish, as well as the changes 65.500 Recordkeeping requirements. Mississippi, and Louisiana have origin made by the 2008 Farm Bill. After labeling requirements for certain issuance of this interim final rule, the Subpart B—[Reserved] seafood products. Other States Department will provide all affected Authority: 7 U.S.C. 1621 et seq. including Wyoming, Idaho, North persons, including the newly affected Dakota, South Dakota, Louisiana, industries—goat, chicken, macadamia Subpart A—General Provisions Kansas, and Mississippi have origin nuts, pecans, and ginseng—the labeling requirements for certain meat opportunity to provide additional Definitions products. In addition, the State of comments prior to issuing a final rule. § 65.100 Act. Florida and the State of Maine have In addition, this action is needed to Act means the Agricultural Marketing origin labeling requirements for fresh meet the statutory implementation date. Act of 1946 (7 U.S.C. 1621 et seq.). produce items. Further, this rule provides for a 60-day To the extent that these State country comment period. § 65.105 AMS. of origin labeling programs encompass List of Subjects in 7 CFR Part 65 AMS means the Agricultural commodities that are not governed by Marketing Service, United States this regulation, the States may continue Agricultural commodities, Food Department of Agriculture. to operate them. For those State country labeling, Meat and meat products, of origin labeling programs that Macadamia nuts, Peanuts, Pecans, § 65.110 Beef. encompass commodities that are Reporting and recordkeeping Beef means meat produced from governed by this regulation, these requirements. cattle, including veal.

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§ 65.115 Born. containing no more than 30 percent fat, Information Officer for utilizing NAIS Born in the case of chicken means and containing no added water, standards regarding animal movement hatched from the egg. phosphates, binders, or extenders, and information. also includes products defined by the § 65.120 Chicken. terms ‘‘hamburger’’ in 9 CFR 319.15(b) § 65.205 Perishable agricultural commodity. Chicken has the meaning given the and ‘‘beef patties’’ in 9 CFR 319.15(c). term in 9 CFR 381.170(a)(1). Perishable agricultural commodity § 65.160 Ground chicken. means fresh and frozen fruits and § 65.125 Commingled covered Ground chicken means comminuted vegetables of every kind and character commodities. chicken of skeletal origin that is that have not been manufactured into Commingled covered commodities produced in conformance with all articles of a different kind or character means covered commodities (of the applicable Food Safety and Inspection and includes cherries in brine as same type) presented for retail sale in a Service labeling guidelines. defined by the Secretary in accordance consumer package that have been with trade usages. prepared from raw material sources § 65.165 Ground goat. having different origins (e.g., bag of Ground goat means comminuted goat § 65.210 Person. frozen strawberries). of skeletal origin that is produced in Person means any individual, conformance with all applicable Food § 65.130 Consumer package. partnership, corporation, association, or Safety and Inspection Service labeling other legal entity. Consumer package means any guidelines. container or wrapping in which a § 65.215 Pork. covered commodity is enclosed for the § 65.170 Ground lamb. Pork means meat produced from hogs. delivery and/or display of such Ground lamb means comminuted commodity to retail purchasers. lamb of skeletal origin that is produced § 65.220 Processed food item. in conformance with all applicable Food § 65.135 Covered commodity. Processed food item means a retail Safety and Inspection Service labeling item derived from a covered commodity (a) Covered commodity means: guidelines. that has undergone specific processing (1) Muscle cuts of beef, lamb, chicken, resulting in a change in the character of § 65.175 Ground pork. goat, and pork; the covered commodity, or that has been (2) Ground beef, ground lamb, ground Ground pork means comminuted pork combined with at least one other chicken, ground goat, and ground pork; of skeletal origin that is produced in covered commodity or other substantive (3) Perishable agricultural conformance with all applicable Food food component (e.g., chocolate, commodities; Safety and Inspection Service labeling breading, tomato sauce), except that the (4) Peanuts; guidelines. addition of a component (such as water, (5) Macadamia nuts; § 65.180 Imported for immediate slaughter. salt, or sugar) that enhances or (6) Pecans; and represents a further step in the Imported for immediate slaughter (7) Ginseng. preparation of the product for (b) Covered commodities are excluded means imported into the United States consumption, would not in itself result from this part if the commodity is an for ‘‘immediate slaughter’’ as that term in a processed food item. Specific ingredient in a processed food item as is defined in 9 CFR 93.400, i.e., processing that results in a change in defined in § 65.220. consignment directly from the port of the character of the covered commodity entry to a recognized slaughtering includes cooking (e.g., frying, broiling, § 65.140 Food service establishment. establishment and slaughtered within 2 grilling, boiling, steaming, baking, Food service establishment means a weeks from the date of entry. restaurant, cafeteria, lunch room, food roasting), curing (e.g., salt curing, sugar stand, saloon, tavern, bar, lounge, or § 65.185 Ingredient. curing, drying), smoking (hot or cold), other similar facility operated as an Ingredient means a component either and restructuring (e.g., emulsifying and enterprise engaged in the business of in part or in full, of a finished retail food extruding). Examples of items excluded selling food to the public. Similar food product. include teriyaki flavored pork loin, service facilities include salad bars, roasted peanuts, breaded chicken delicatessens, and other food enterprises § 65.190 Lamb. tenders, and fruit medley. Lamb means meat, other than mutton located within retail establishments that § 65.225 Produced. provide ready-to-eat foods that are (or yearling mutton), produced from consumed either on or outside of the sheep. Produced in the case of a perishable retailer’s premises. agricultural commodity, peanuts, § 65.195 Legible. ginseng, pecans, and macadamia nuts § 65.145 Ginseng. Legible means text that can be easily means grown. read. Ginseng means ginseng root of the § 65.230 Production step. genus Panax. § 65.200 NAIS-compliant system. Production step means, in the case of § 65.150 Goat. NAIS-compliant system means beef, pork, goat, chicken, and lamb, Goat means meat produced from Animal and Plant Health Inspection born, raised, or slaughtered. goats. Service (APHIS)/Veterinary Services (VS) official animal identification § 65.235 Raised. § 65.155 Ground beef. numbers, tags, devices, or protocols, and Raised means, in the case of beef, Ground beef has the meaning given location identifiers that are consistent pork, chicken, goat, and lamb, the that term in 9 CFR 319.15(a), i.e., with any APHIS/VS official disease period of time from birth until slaughter chopped fresh and/or frozen beef with program or activity, and animal tracking or in the case of animals imported for or without seasoning and without the databases that have been reviewed and immediate slaughter as defined in addition of beef fat as such, and approved by APHIS/VS Chief § 65.180, the period of time from birth

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until date of entry into the United must contain country of origin as set Protection (CBP) at the time the product States. forth in this regulation. entered the United States, through retail (b) Exemptions. Food service sale. § 65.240 Retailer. establishments as defined in § 65.135 (g) Labeling commingled covered Retailer means any person licensed as are exempt from labeling under this commodities. In the case of perishable a retailer under the Perishable subpart. agricultural commodities; peanuts; Agricultural Commodities Act of 1930 (c) Exclusions. A covered commodity pecans; ginseng; and macadamia nuts: (7 U.S.C. 499a(b)). is excluded from this subpart if it is an For imported covered commodities that ingredient in a processed food item as § 65.245 Secretary. have not subsequently been defined in § 65.220. substantially transformed in the United Secretary means the Secretary of (d) Labeling covered commodities of Agriculture of the United States or any States that are commingled with United States origin. covered commodities sourced from a person to whom the Secretary’s (1) A covered commodity may bear a authority has been delegated. different origin that have not been declaration that identifies the United substantially transformed (as § 65.250 Slaughter. States as the sole country of origin at established by CBP) in the United retail only if it meets the definition of Slaughter means the point in which a States, and/or covered commodities of United States country of origin as livestock animal (including chicken) is United States origin, the declaration defined in § 65.260. shall indicate the countries of origin in prepared into meat products (covered (2) Covered commodities further accordance with existing Federal legal commodities) for human consumption. processed or handled in a foreign requirements. For purposes of labeling under this part, country after meeting the requirements the word harvested may be used in lieu to be labeled as United States origin as (h) Labeling ground beef, ground pork, of slaughtered. defined in § 65.260 (e.g., born, raised, ground lamb, ground goat, and ground and slaughtered or produced) may bear chicken. The declaration for ground § 65.255 United States. beef, ground pork, ground lamb, ground United States means the 50 States, the a declaration that identifies the United States as the sole country of origin at goat, and ground chicken covered District of Columbia, the commodities shall list all countries of Commonwealth of Puerto Rico, the U.S. retail provided the identity of the product is maintained along with origin contained therein or that may be Virgin Islands, American Samoa, Guam, reasonably contained therein. In the Northern Mariana Islands, and any records to substantiate the origin claims and the claim is consistent with other determining what is considered other Commonwealth, territory, or reasonable, when a raw material from a possession of the United States. applicable Federal legal requirements. (e) Labeling muscle cut covered specific origin is not in a processor’s § 65.260 United States country of origin. commodities of multiple countries of inventory for more than 60 days, that country shall no longer be included as United States country of origin means origin that include the United States. a possible country of origin. in the case of: (1)(i) If an animal was born, raised, (a) Beef, pork, lamb, chicken, and and/or slaughtered in the United States (i) Remotely purchased products. For goat: and was not imported for immediate sales of a covered commodity in which (1) From animals exclusively born, slaughter as defined in § 65.180, the the customer purchases a covered raised, and slaughtered in the United origin of the resulting meat products commodity prior to having an States; derived from that animal may be opportunity to observe the final package (2) From animals born and raised in designated as Product of the United (e.g., Internet sales, home delivery sales, Alaska or Hawaii and transported for a States, Country X, and/or (as applicable) etc.), the retailer may provide the period of not more than 60 days through Country Y where Country X and country of origin notification either on Canada to the United States and Country Y represent the actual or the sales vehicle or at the time the slaughtered in the United States; or possible countries of foreign origin. product is delivered to the consumer. (3) From animals present in the (ii) If an animal was imported into the § 65.400 Markings. United States on or before July 15, 2008, United States for immediate slaughter as and once present in the United States, defined in § 65.180, the origin of the (a) Country of origin declarations can remained continuously in the United resulting meat products derived from either be in the form of a placard, sign, States. that animal shall be designated as label, sticker, band, twist tie, pin tag, or (b) Perishable agricultural Product of Country X and the United other format that allows consumers to commodities, peanuts, ginseng, pecans, States. identify the country of origin. The and macadamia nuts: From products (2) In both cases of paragraph (e)(1)(i) declaration of the country of origin of a produced in the United States. and (e)(1)(ii) of this section, the origin product may be in the form of a declaration may include more specific statement such as ‘‘Product of USA,’’ § 65.265 USDA. information related to production steps ‘‘Produce of the USA,’’ or ‘‘Grown in USDA means the United States provided records to substantiate the Mexico,’’ may only contain the name of Department of Agriculture. claims are maintained and the claim is the country such as ‘‘USA’’ or Country of Origin Notification consistent with other applicable Federal ‘‘Mexico,’’ or may be in the form of a legal requirements. check box provided it is in conformance § 65.300 Country of origin notification. (f) Labeling imported covered with other Federal labeling laws. In providing notice of the country of commodities. Imported covered (b) The declaration of the country of origin as required by the Act, the commodities for which origin has origin (e.g., placard, sign, label, sticker, following requirements shall be already been established as defined by band, twist tie, pin tag, or other display) followed by retailers: this law (e.g., born, raised, slaughtered must be legible and placed in a (a) General. Labeling of covered or grown) and for which no production conspicuous location, so as to render it commodities offered for sale whether steps have occurred in the United likely to be read and understood by a individually, in a bulk bin, carton, crate, States, shall retain their origin, as customer under normal conditions of barrel, cluster, or consumer package declared to U.S. Customs and Border purchase.

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(c) The declaration of country of available to USDA representatives, handlers, packers, and processors), must origin may be typed, printed, or records maintained in the normal course maintain records to establish and handwritten provided it is in of business that verify an origin claim. identify the immediate previous source conformance with other Federal labeling Such records shall be provided within (if applicable) and immediate laws and does not obscure other 5 business days of the request and may subsequent recipient of a covered labeling information required by other be maintained in any location. commodity for a period of 1 year from Federal regulations. (b) Responsibilities of Suppliers. the date of the transaction. (d) A bulk container (e.g., display (1) Any person engaged in the (3) For an imported covered business of supplying a covered case, shipper, bin, carton, and barrel), commodity (as defined in § 65.300(f)), commodity to a retailer, whether used at the retail level to present the importer of record as determined by directly or indirectly, must make product to consumers, may contain a CBP, must ensure that records: Provide available information to the buyer about covered commodity from more than one clear product tracking from the port of the country(ies) of origin of the covered country of origin provided all possible entry into the United States to the commodity. This information may be origins are listed. immediate subsequent recipient and provided either on the product itself, on (e) In general, abbreviations are not accurately reflect the country of origin the master shipping container, or in a acceptable. Only those abbreviations of the item as identified in relevant CBP document that accompanies the product approved for use under CBP rules, entry documents and information regulations, and policies, such as ‘‘U.K.’’ through retail sale. In addition, the supplier of a covered commodity that is systems; and must maintain such for ‘‘The United Kingdom of Great records for a period of 1 year from the Britain and Northern Ireland’’, responsible for initiating a country(ies) of origin claim, which in the case of date of the transaction. ‘‘Luxemb’’ for Luxembourg, and ‘‘U.S.’’ (c) Responsibilities of Retailers. for the ‘‘United States’’ are acceptable. beef, lamb, chicken, goat, and pork is The adjectival form of the name of a the slaughter facility, must possess or (1) Records and other documentary country may be used as proper have legal access to records that are evidence relied upon at the point of sale notification of the country of origin of necessary to substantiate that claim. For to establish a covered commodity’s imported commodities provided the that purpose, in the case of beef, lamb, country(ies) of origin must be provided adjectival form of the name does not chicken, goat, and pork, a producer to any duly authorized representative of appear with other words so as to refer affidavit shall be considered acceptable USDA in accordance with § 65.500(a)(2), to a kind or species of product. Symbols evidence on which the slaughter facility and maintained for a period of 1 year or flags alone may not be used to denote may rely to initiate the origin claim, from the date the origin declaration is provided it is made by someone having country of origin. made at retail. For pre-labeled products, first-hand knowledge of the origin of the (f) With the exception of perishable the label itself is sufficient evidence on animal(s) and identifies the animal(s) agricultural commodities, peanuts, which the retailer may rely to establish unique to the transaction. Packers that pecans, and ginseng, State or regional the product’s origin. slaughter animals that are part of a NAIS label designations are not acceptable in (2) Records that identify the covered compliant system or other recognized lieu of country of origin labeling. commodity, the retail supplier, and for official identification system (e.g., products that are not pre-labeled, the Recordkeeping Canadian official system, Mexico country of origin information, must be official system) may also rely on the maintained for a period of 1 year from § 65.500 Recordkeeping requirements. presence of an official ear tag and/or the the date the origin declaration is made (a) General. presence of any accompanying animal at retail. (1) All records must be legible and markings (i.e., ‘‘Can’’, ‘‘M’’), as may be maintained in either electronic applicable, on which to base their origin Subpart B—[Reserved] or hard copy formats. Due to the claims. This provision also applies to variation in inventory and accounting such animals officially identified as a documentary systems, various forms of group lot. Dated: July 28, 2008. documentation and records will be (2) Any person engaged in the Lloyd C. Day, acceptable. business of supplying a covered Administrator, Agricultural Marketing (2) Upon request by USDA commodity to a retailer, whether Service. representatives, suppliers and retailers directly or indirectly (i.e., including but [FR Doc. E8–17562 Filed 7–28–08; 4:30 pm] subject to this subpart shall make not limited to growers, distributors, BILLING CODE 3410–02–P

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Reader Aids Federal Register Vol. 73, No. 149 Friday, August 1, 2008

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. Presidential Documents Executive orders and proclamations 741–6000 The United States Government Manual 741–6000 Other Services Electronic and on-line services (voice) 741–6020 Privacy Act Compilation 741–6064 Public Laws Update Service (numbers, dates, etc.) 741–6043 TTY for the deaf-and-hard-of-hearing 741–6086

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REMINDERS Interest Assumptions for States; Amendment (14); Environmental Statements; The items in this list were Valuing and Paying comments due by 8-5-08; Notice of Intent: editorially compiled as an aid Benefits; published 7-15-08 published 6-6-08 [FR E8- Coastal Nonpoint Pollution to Federal Register users. TRANSPORTATION 12745] Control Programs; States Inclusion or exclusion from DEPARTMENT Fisheries Off West Coast and Territories— States: this list has no legal Federal Aviation Florida and South significance. Administration Modifications of West Coast Carolina; Open for Commercial Salmon comments until further Airworthiness Directives: Fishery; (Inseason Action Fokker Model F27 Mark 050 notice; published 2-11- RULES GOING INTO 3 and 4); comments due 08 [FR 08-00596] Airplanes; published 7-17- by 8-6-08; published 7-22- EFFECT AUGUST 1, 2008 National Ambient Air Quality 08 08 [FR E8-16784] Standards for Lead: TRANSPORTATION Fisheries Off West Coast AGRICULTURE DEPARTMENT States; Modifications of the Extension Of Comment DEPARTMENT Period.; comments due by Federal Transit West Coast Commercial 8-4-08; published 7-9-08 Cooperative State Research, Administration Salmon Fishery: Education, and Extension [FR E8-15579] Charter Service; published 8- Inseason Actions; comments Service Outer Continental Shelf Air 1-08 due by 8-8-08; published Competitive and 7-24-08 [FR E8-16996] Regulations Update to Noncompetitive Non-formula Magnuson-Stevenson Fishery Include New Jersey State Grant Programs, General COMMENTS DUE NEXT Conservation and Requirements; comments Grant Administrative WEEK Management Act Provisions: due by 8-6-08; published 7- Provisions, etc.; published Fisheries of the 7-08 [FR E8-15352] 8-1-08 AGRICULTURE Northeastern United Proposed Tolerance Actions: COMMERCE DEPARTMENT DEPARTMENT States; Expansion of Aldicarb, Ametryn, 2,4-DB, Emergency Fishery National Oceanic and Agricultural Marketing Dicamba, Dimethipin, Closure Due to the Atmospheric Administration Service Disulfoton, Diuron, et al.; Presence of the Toxin comments due by 8-4-08; Fisheries of the Exclusive Raisins Produced From that Causes Paralytic published 6-4-08 [FR E8- Economic Zone Off Alaska: Grapes Grown In California; Use of Estimated Trade Shellfish Poison; 12374] Chiniak Gully Research Demand to Compute comments due by 8-6-08; Tolerance Exemption: Area for Vessels Using Volume Regulation published 7-7-08 [FR 08- Trawl Gear; published 1- 2-Oxepanone, Percentages; comments due 01412] 9-08 Homopolymer; comments by 8-4-08; published 7-18- Papahanaumokuakea Marine due by 8-4-08; published Fisheries Off West Coast 08 [FR 08-01447] National Monument 6-4-08 [FR E8-11980] States; Pacific Coast Proclamation Provisions; Groundfish Fishery: AGRICULTURE comments due by 8-6-08; FEDERAL DEPARTMENT COMMUNICATIONS Biennial Specifications and published 7-7-08 [FR E8- COMMISSION Management Measures; Animal and Plant Health 15096] Inseason Adjustments; Inspection Service ENVIRONMENTAL Agency Information Collection published 7-24-08 Import/Export User Fees; PROTECTION AGENCY Activities; Proposals, comments due by 8-4-08; Approval and Promulgation of Submissions, and Approvals; ENVIRONMENTAL published 6-4-08 [FR E8- comments due by 8-8-08; PROTECTION AGENCY Air Quality Implementation 12376] Plans: published 7-9-08 [FR E8- Approval and Promulgation of Interim Rule and Request for Illinois and Indiana— 15586] Air Quality Implementation Comments: Comments on New 800 MHz Plans: Finding of Attainment for Mexican Fruit Fly; 1-Hour Ozone for the Band Plan for Puerto Rico; Minnesota; Interstate Designation of Portion of Chicago-Gary-Lake comments due by 8-8-08; Transport of Pollution; Willacy County, TX, as a County, IL-IN Area; published 7-14-08 [FR E8- published 6-2-08 Quarantined Area; comments due by 8-6- 16036] Pennsylvania; published 7-2- comments due by 8-4-08; 08; published 7-7-08 Radio Broadcasting Services: 08 published 6-5-08 [FR E8- [FR E8-15331] La Grande and Prairie City, Standards of Performance for 12542] California State OR; comments due by 8- Equipment Leaks of VOC in COMMERCE DEPARTMENT Implementation Plan: 4-08; published 6-30-08 the Synthetic Organic National Oceanic and South Coast Air Quality [FR E8-14652] Chemicals Manufacturing Atmospheric Administration Management District; Laramie, WY; comments Industry, etc.; published 6-2- comments due by 8-4-08; Endangered and Threatened due by 8-4-08; published 08 published 7-3-08 [FR E8- Species: 6-30-08 [FR E8-14645] 14883] US Filter Recovery Services, Telecommunications Relay Caribbean Monk Seal; California State Inc., Under Project XL; Services and Speech-to- comments due by 8-8-08; Implementation Plan; published 7-2-08 Speech Services for published 6-9-08 [FR E8- Revision: FEDERAL Individuals with Hearing and 12808] Sierra Air Quality COMMUNICATIONS Fisheries of the Caribbean, Speech Disabilities: COMMISSION Management District, et Gulf of Mexico, and South al.; comments due by 8-8- E911 Requirements for IP- High-Cost Universal Service Atlantic: 08; published 7-9-08 [FR Enabled Service Support; Federal-State Joint Shrimp Fishery of the Gulf E8-15435] Providers; comments due Board on Universal Service; by 8-8-08; published 7-18- of Mexico; Revisions to Direct Final Approval of published 7-2-08 08 [FR E8-16270] Allowable Bycatch Revised Municipal Waste PENSION BENEFIT Reduction Devices; Combustor State Plan for FEDERAL RESERVE GUARANTY CORPORATION comments due by 8-6-08; Designated Facilities and SYSTEM Benefits Payable in published 7-7-08 [FR 08- Pollutants: Unfair or Deceptive Acts or Terminated Single-Employer 01411] Indiana; comments due by Practices; comments due by Plans; Allocation of Assets Snapper-Grouper Fishery off 8-7-08; published 7-8-08 8-4-08; published 5-19-08 in Single Employer Plans; the Southern Atlantic [FR E8-15347] [FR E8-10247]

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GENERAL SERVICES National Park Service and Federal Tort Claims Act; Sailplanes; comments due ADMINISTRATION the Fish and Wildlife comments due by 8-8-08; by 8-4-08; published 7-3- General Services Acquisition Service; comments due by published 7-9-08 [FR E8- 08 [FR E8-15177] Regulation: 8-8-08; published 7-9-08 15583] Removal of Regulations GSAR Case 2007-G501; [FR E8-15614] PERSONNEL MANAGEMENT Allowing for Polished Frost Protests, Disputes and Meetings: OFFICE on Wings of Airplanes; Appeals; comments due Migratory Bird Hunting; Prevailing Rate Systems: comments due by 8-6-08; published 5-8-08 [FR E8- by 8-8-08; published 6-9- Proposed Frameworks for Redefinition of the New 10246] 08 [FR E8-12572] Early Season Migratory Orleans, LA Appropriated GSAR Case 2008-G510— Bird Hunting Regulations; Fund Federal Wage TRANSPORTATION Rewrite of GSAR Part comments due by 8-4-08; System Wage Area; DEPARTMENT 537, Service published 7-24-08 [FR E8- comments due by 8-8-08; Federal Railroad Contracting; comments 16515] published 7-9-08 [FR E8- Administration due by 8-5-08; Papahanaumokuakea Marine 15598] Railroad Rehabilitation and National Monument Improvement Financing published 6-6-08 [FR POSTAL SERVICE E8-12571] Proclamation Provisions; Program; comments due by Treatment of Undeliverable Rewrite of GSAR Part 547, comments due by 8-6-08; 8-8-08; published 6-9-08 published 7-7-08 [FR E8- Books and Sound [FR E8-12811] Transportation; comments Recordings; comments due 15096] TREASURY DEPARTMENT due by 8-5-08; published by 8-8-08; published 7-9-08 6-6-08 [FR E8-12694] INTERIOR DEPARTMENT [FR E8-15223] Thrift Supervision Office General Services Acquisition National Park Service Unfair or Deceptive Acts or Regulation; GSAR Case TRANSPORTATION Practices; comments due by General Regulations; Areas DEPARTMENT 2007-G500; Administered by the 8-4-08; published 5-19-08 Federal Aviation Rewrite of GSAR Part 517, National Park Service and [FR E8-10247] Administration Special Contracting the Fish and Wildlife Airworthiness Directives: Methods; comments due Service; comments due by LIST OF PUBLIC LAWS by 8-5-08; published 6-6- 8-8-08; published 7-9-08 Boeing Model 707 Airplanes 08 [FR E8-12613] [FR E8-15614] and Model 720 and 720B This is a continuing list of HEALTH AND HUMAN National Register of Historic Series Airplanes; public bills from the current SERVICES DEPARTMENT Places: comments due by 8-4-08; session of Congress which Food and Drug Pending Nominations and published 6-20-08 [FR E8- have become Federal laws. It Administration Related Actions; 13925] may be used in conjunction Requirements for Human comments due by 8-5-08; Boeing Model 727 with ‘‘PLUS’’ (Public Laws Blood and Blood published 7-21-08 [FR E8- Airplanes; comments due Update Service) on 202–741– Components Intended for 16531] by 8-4-08; published 6-20- 6043. This list is also 08 [FR E8-13920] Transfusion or Further INTERIOR DEPARTMENT available online at http:// Manufacturing Use: Surface Mining Reclamation Boeing Model 737 300, 400, www.archives.gov/federal- Extension of Comment and Enforcement Office and 500 Series Airplanes; register/laws.html. comments due by 8-8-08; Period; comments due by West Virginia Regulatory published 6-24-08 [FR E8- The text of laws is not 8-4-08; published 1-11-08 Program; comments due by 14183] published in the Federal [FR E8-00297] 8-7-08; published 7-8-08 Register but may be ordered Boeing Model 737 600, 700, HOMELAND SECURITY [FR E8-15438] in ‘‘slip law’’ (individual and 800 Series Airplanes; DEPARTMENT pamphlet) form from the JUSTICE DEPARTMENT comments due by 8-8-08; U.S. Customs and Border Superintendent of Documents, CALEA Cost Recovery published 6-24-08 [FR E8- Protection U.S. Government Printing Regulations; Section 610 14185] Changes to the Visa Waiver Review; comments due by Office, Washington, DC 20402 Program to Implement the Boeing Model 747-400, 747- (phone, 202–512–1808). The 8-4-08; published 6-3-08 400D, and 747-400F Electronic System for Travel [FR E8-12399] text will also be made Authorization Program; Series Airplanes; available on the Internet from Inspection of Records Relating comments due by 8-4-08; comments due by 8-8-08; to Depiction of Simulated GPO Access at http:// published 6-9-08 [FR E8- published 6-18-08 [FR E8- www.gpoaccess.gov/plaws/ Sexually Explicit 13714] 12673] Performances; comments index.html. Some laws may Dassault Model Mystere- HOMELAND SECURITY due by 8-5-08; published 6- not yet be available. Falcon 900, Falcon DEPARTMENT 6-08 [FR E8-12635] 900EX, and Falcon 2000 H.R. 3564/P.L. 110–290 Coast Guard NATIONAL CREDIT UNION Airplanes; comments due Regulatory Improvement Act Safety Zones: ADMINISTRATION by 8-6-08; published 7-7- of 2007 (July 30, 2008; 122 Central Massachusetts Unfair or Deceptive Acts or 08 [FR E8-15370] Stat. 2914) August Swim Events; Practices; comments due by DG Flugzeugbau GmbH H.R. 3985/P.L. 110–291 comments due by 8-7-08; 8-4-08; published 5-19-08 Model DG 500MB Gliders; Over-the-Road Bus published 7-8-08 [FR E8- [FR E8-10247] comments due by 8-4-08; Transportation Accessibility Act 15388] OFFICE OF MANAGEMENT published 7-29-08 [FR E8- of 2007 (July 30, 2008; 122 HOMELAND SECURITY AND BUDGET 17369] Stat. 2915) DEPARTMENT Management and Budget EADS SOCATA Model TBM H.R. 4289/P.L. 110–292 Federal Emergency Office 700 Airplanes; comments To name the Department of Management Agency Requirements for Federal due by 8-7-08; published Veterans Affairs outpatient Proposed Flood Elevation Funding Accountability and 7-8-08 [FR E8-15461] clinic in Ponce, Puerto Rico, Determinations; comments Transparency Act Sikorsky Aircraft Corporation as the ‘‘Euripides Rubio due by 8-5-08; published 5- Implementation; comments Model S-76A, B, and C Department of Veterans Affairs 7-08 [FR E8-10152] due by 8-4-08; published 6- Helicopters; comments Outpatient Clinic’’. (July 30, INTERIOR DEPARTMENT 6-08 [FR E8-12558] due by 8-4-08; published 2008; 122 Stat. 2917) Fish and Wildlife Service PEACE CORPS 6-4-08 [FR E8-12414] H.R. 5501/P.L. 110–293 General Regulations; Areas Claims against the Stemme GmbH & Co. KG Tom Lantos and Henry J. Administered by the Government under the Model S10-VT Powered Hyde United States Global

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Leadership Against HIV/AIDS, 2012. (July 30, 2008; 122 2008 (July 30, 2008; 122 Stat. enacted public laws. To Tuberculosis, and Malaria Stat. 2971) 2974) subscribe, go to http:// Reauthorization Act of 2008 Last List July 31, 2008 listserv.gsa.gov/archives/ (July 30, 2008; 122 Stat. S. 2607/P.L. 110–295 publaws-l.html 2918) DTV Transition Assistance Act Note: This service is strictly (July 30, 2008; 122 Stat. Public Laws Electronic S. 231/P.L. 110–294 Notification Service for E-mail notification of new 2972) laws. The text of laws is not (PENS) To authorize the Edward S. 3218/P.L. 110–296 available through this service. Byrne Memorial Justice PENS cannot respond to Assistance Grant Program at Criminal History Background PENS is a free electronic mail specific inquiries sent to this fiscal year 2006 levels through Checks Pilot Extension Act of notification service of newly address.

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TABLE OF EFFECTIVE DATES AND TIME PERIODS—AUGUST 2008

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

August 1 Aug 18 Sep 2 Sep 15 Sep 30 Oct 30

August 4 Aug 19 Sep 3 Sep 18 Oct 3 Nov 3

August 5 Aug 20 Sep 4 Sep 19 Oct 6 Nov 3

August 6 Aug 21 Sep 5 Sep 22 Oct 6 Nov 4

August 7 Aug 22 Sep 8 Sep 22 Oct 6 Nov 5

August 8 Aug 25 Sep 8 Sep 22 Oct 7 Nov 6

August 11 Aug 26 Sep 10 Sep 25 Oct 10 Nov 10

August 12 Aug 27 Sep 11 Sep 26 Oct 14 Nov 10

August 13 Aug 28 Sep 12 Sep 29 Oct 14 Nov 12

August 14 Aug 29 Sep 15 Sep 29 Oct 14 Nov 12

August 15 Sep 2 Sep 15 Sep 29 Oct 14 Nov 13

August 18 Sep 2 Sep 17 Oct 2 Oct 17 Nov 17

August 19 Sep 3 Sep 18 Oct 3 Oct 20 Nov 17

August 20 Sep 4 Sep 19 Oct 6 Oct 20 Nov 18

August 21 Sep 5 Sep 22 Oct 6 Oct 20 Nov 19

August 22 Sep 8 Sep 22 Oct 6 Oct 21 Nov 20

August 25 Sep 9 Sep 24 Oct 9 Oct 24 Nov 24

August 26 Sep 10 Sep 25 Oct 10 Oct 27 Nov 24

August 27 Sep 11 Sep 26 Oct 14 Oct 27 Nov 25

August 28 Sep 12 Sep 29 Oct 14 Oct 27 Nov 26

August 29 Sep 15 Sep 29 Oct 14 Oct 28 Nov 28

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