4–3–08 Thursday Vol. 73 No. 65 Apr. 3, 2008
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Contents Federal Register Vol. 73, No. 65
Thursday, April 3, 2008
Agency for Healthcare Research and Quality Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Delegation of National Emission Standards for Hazardous Submissions, and Approvals, 18283–18286 Air Pollutants for Source Categories; NV, 18169–18172 Delegation of New Source Performance Standards: Agriculture Department National Emission Standards for Hazardous Air See Food Safety and Inspection Service Pollutants for the States of Arizona and Nevada, 18162–18169 Centers for Disease Control and Prevention Delegation of Partial Administrative Authority for NOTICES Implementation of Federal Implementation Plan: Agency Information Collection Activities; Proposals, Quinault Indian Nation, 18161–18162 Submissions, and Approvals, 18286–18287 Final Authorization of State Hazardous Waste Management Meetings: Program Revision; Virginia, 18172–18176 Disease, Disability, and Injury Prevention and Control PROPOSED RULES Special Emphasis Panel— Authorization of State Hazardous Waste Management Division of HIV/AIDS Prevention Laboratory Branch Program Revisions: Intramural Research Programs, 18287 Virginia, 18229–18230 Delegation of National Emission Standards for Hazardous Centers for Medicare & Medicaid Services Air Pollutants, NV, 18229 RULES National Emission Standards for Hazardous Air Pollutants: Medicare Program: Area Source Standards for Nine Metal Fabrication and Modification to the Weighting Methodology Used to Finishing Source Categories, 18334–18381 Calculate the Low-income Benchmark Amount, NOTICES 18176–18182 Meetings: NOTICES Mobile Sources Technical Review Subcommittee, 18271 Hearing: Proposed Determination to Prohibit, Restrict, or Deny Reconsideration of Disapproval of Montana State Plan Specification, or Use for Specification, of Area as a Amendment (07-004), 18287–18289 Disposal Site: Coast Guard Yazoo River Basin, Issaquena County, MS; Correction, 18332 PROPOSED RULES Safety Zone: Red Bull Air Race; San Diego Bay, San Diego, CA, 18222– Executive Office of the President 18224 See Presidential Documents Safety Zones: Annual Events requiring safety zones in the Captain of Federal Accounting Standards Advisory Board the Port Buffalo Zone, 18225–18229 NOTICES NOTICES Concepts Statement Exposure Draft, etc., 18271–18272 Meetings: National Boating Safety Advisory Council, 18295 Federal Aviation Administration RULES Commerce Department Class E Airspace: See International Trade Administration Kobuk, AK, 18151–18152 See National Oceanic and Atmospheric Administration Standard Instrument Approach Procedures, etc., 18152– 18154 Defense Department PROPOSED RULES See Navy Department Airworthiness Directives: Employee Benefits Security Administration Rolls-Royce Deutschland Ltd & Co KG (RRD) BR700- 715A1-30, etc., 18220–18222 NOTICES Proposed Revocation of Area Navigation Jet Routes J-888R Agency Information Collection Activities; Proposals, and J-996R; Alaska, 18222 Submissions, and Approvals, 18301–18302
Employment and Training Administration Federal Communications Commission NOTICES PROPOSED RULES Agency Information Collection Activities; Proposals, Radio Broadcasting Services: Submissions, and Approvals, 18302–18303 Evart, Ludington, Pentwater, and Manistee, Michigan, 18252–18253 Energy Department NOTICES See Federal Energy Regulatory Commission Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 18272–18276 Agency Information Collection Activities; Proposals, Closed Auction of Licenses for Cellular Unserved Service Submissions, and Approvals, 18263–18264 Areas, 18276–18278
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Federal Emergency Management Agency Determination Pursuant to Section 102 of the Illegal RULES Immigration Reform and Immigrant Responsibility Act Final Flood Elevation Determinations, 18189–18215 of 1996, as Amended; Hildalgo waiver, 18293–18294 National Flood Insurance Program; Assistance to Private Sector Property Insurers; Write-Your-Own Housing and Urban Development Department Arrangement, 18182–18188 NOTICES Suspension of Community Eligibility, 18188–18189 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals, 18297 Proposed Flood Elevation Determinations, 18230–18252 Indian Affairs Bureau Federal Energy Regulatory Commission NOTICES NOTICES Indian Gaming: Application: Approved Tribal - State Gaming Amendment, 18297 Northern Natural Gas Co., 18264–18265 Land Acquisitions; Skokomish Indian Tribe, Washington, Transcontinental Gas Pipe Line Corp., 18265–18266 18297–18298 Filing: Cedar Creek Wind Energy, LLC, 18266 Interior Department GEN-SYS Energy, 18266 Issuance Of Order: See Indian Affairs Bureau Plum Point Energy Associates, LLC, 18266–18267 See Land Management Bureau Wells Fargo Energy Markets, LLC, 18267 Order on Technical Conference, 18267–18270 Internal Revenue Service TransCanada Maine Wind Development Inc.: RULES Notice Of Filing, 18270–18271 Guidance Under Section 1502; Amendment of Matching Rule for Certain Gains on Member Stock; Correction, Federal Maritime Commission 18159–18160 NOTICES Request for Additional Information; Los Angeles/Long International Trade Administration Beach Port Terminal Operator Administration and NOTICES Implementation Agreement, 18278 Applications for Duty-Free Entry of Scientific Instruments, 18258–18259 Federal Reserve System Final Results of Antidumping Duty Changed Circumstances NOTICES Review and Reinstatement of the Antidumping Duty Change in Bank Control Notices; Acquisition of Shares of Order: Bank or Bank Holding Companies, 18278 Polyethylene Terephthalate Film, Sheet, and Strip from Formations of, Acquisitions by, and Mergers of Bank the Republic of Korea, 18259–18260 Holding Companies, 18278–18279 Proposals to Engage in Permissible Nonbanking Activities International Trade Commission or to Acquire Companies that are Engaged in NOTICES Permissible Nonbanking Activities; Correction, 18279 Certain Flash Memory Controllers, Drives, Memory Cards, and Media Players, etc: Federal Trade Commission Commission Decision Not To Review An Initial NOTICES Determination, 18300 Analysis of Proposed Consent Order to Aid Public Comment: Justice Department Reed Elsevier Inc. and Seisint, Inc., 18279–18281 NOTICES The TJX Companies, Inc., 18281–18283 Consent Decree: Atlanta Gas Light Company, et al., 18301 Food Safety and Inspection Service NOTICES Labor Department Meetings: See Employee Benefits Security Administration Shiga Toxin-Producing E. coli, 18257–18258 See Employment and Training Administration Health and Human Services Department See Veterans Employment and Training Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention Land Management Bureau See Centers for Medicare & Medicaid Services NOTICES See National Institutes of Health Intent to name a geographic location the Craig Thomas Little Mountain Special Management Area: Homeland Security Department Big Horn County, Wyoming, 18299–18300 See Coast Guard Intent to prepare a Resource Management Plan: See Federal Emergency Management Agency Four Rivers Field Office (Idaho), 18298–18299 See U.S. Customs and Border Protection Meetings: NOTICES Northwest California Resource Advisory Council, 18300 Designation of an Enhanced Driver’s License and Identity Document Issued by the State of Washington as a Merit Systems Protection Board Travel Document under the Western Hemisphere RULES Travel, 18421–18422 Streamlining Regulations, 18149–18151
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National Archives and Records Administration National Donate Life Month (Proc. 8231), 18429–18430 RULES National Fair Housing Month (Proc. 8232), 18431–18432 Locations and Hours; Changes in NARA Research Room Hours, 18160–18161 Securities and Exchange Commission NOTICES National Highway Traffic Safety Administration Applications: NOTICES Deregistration under Section 8(f) of the Investment Agency Information Collection Activities; Proposals, Company Act, 18303–18304 Submissions, and Approvals, 18320–18321 Kohlberg Capital Corp., 18304–18306 Self-Regulatory Organizations; Proposed Rule Changes: National Institutes of Health Chicago Board Options Exchange, Inc., 18306–18307 NOTICES Financial Industry Regulatory Authority, Inc., 18308– Agency Information Collection Activities; Proposals, 18310 Submissions, and Approvals, 18289–18290 Philadelphia Stock Exchange, Inc., 18310–18311 Government-Owned Inventions; Availability for Licensing, 18290–18291 Small Business Administration Meetings: NOTICES AIDS Research Advisory Committee, 18291 Disaster Declarations: Center for Scientific Review Emphasis Panel, 18292 Arkansas, 18311–18312 National Heart, Lung, and Blood Institute Special Missouri, 18312 Emphasis Panel, 18292–18293 Meetings: National Small Business Development Center Advisory National Oceanic and Atmospheric Administration Board, 18312 RULES Fisheries of the Exclusive Economic Zone Off Alaska: Social Security Administration Pacific Cod by American Fisheries Act Catcher Processors NOTICES Using Trawl Gear in the Bering Sea and Aleutian Retirement Research Consortium Request for Applications, Islands Management Area, 18219 18313–18320 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies State Department Fishery; etc., 18215–18219 RULES PROPOSED RULES Documents Required for Travelers Departing From or Fisheries of the Caribbean, Gulf of Mexico, and South Arriving in the United States at Sea and Land Ports-of- Atlantic: Entry from within the Western Hemisphere, 18384– Atlantic Coast Red Drum Fishery off the Atlantic States; 18420 Transfer of Management Authority, 18253–18256 NOTICES Surface Transportation Board Atlantic Coastal Fisheries Cooperative Management Act NOTICES Provisions: Acquisition and Operation Exemption: Tautog Fishery, 18260–18261 Burlington Shortline Railroad, Inc., 18322 Meetings: CSX Transportation, Inc.; Abandonment Exemption; Fisheries of the South Atlantic; South Atlantic Fishery Greenbrier and Fayette Counties, WV, 18322–18323 Management Council, 18261 Petition for Exemption: North Pacific Fishery Management Council, 18261–18262 Alaska Railroad Corp., 18323–18330
Navy Department Transportation Department NOTICES See Federal Aviation Administration Availability for Final Environmental Impact Statement: See National Highway Traffic Safety Administration Activities to Implement 2005 Base Realignment and See Pipeline and Hazardous Materials Safety Closure Actions at National Naval Medical Center, Administration Bethesda, MD, 18262–18263 See Surface Transportation Board
Peace Corps Treasury Department RULES See Internal Revenue Service Debt Collection, 18154–18159 NOTICES Proposed Renewal without Change; Comment Request; Pipeline and Hazardous Materials Safety Administration Imposition of Special Measures, 18331 NOTICES Meetings: U.S. Customs and Border Protection Hazardous Materials; Transport of Lithium Batteries, RULES 18321–18322 Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of- Presidential Documents Entry from within the Western Hemisphere, 18384– PROCLAMATIONS 18420 Special observances: NOTICES Cancer Control Month (Proc. 8229), 18423–18426 Quarterly IRS Interest Rates Used in Calculating Interest on National Child Abuse Prevention Month (Proc. 8230), Overdue Accounts and Refunds on Customs Duties, 18427–18428 18295–18297
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Veterans Employment and Training Service Part IV NOTICES Presidential Documents, 18423–18432 Meetings: Advisory Committee on Veterans’ Employment, Training and Employer Outreach, 18303 Reader Aids Consult the Reader Aids section at the end of this issue for Separate Parts In This Issue phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part II Environmental Protection Agency, 18334–18381 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part III listserv.access.gpo.gov and select Online mailing list Homeland Security Department, 18421–18422 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. Part III Homeland Security Department, U.S. Customs and Border Protection; State Department, 18384–18420
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Proclamations: 8229...... 18425 8230...... 18427 8231...... 18429 8232...... 18431 5 CFR 1201...... 18149 8 CFR 212...... 18384 235...... 18384 14 CFR 71...... 18151 97...... 18152 Proposed Rules: 39...... 18220 71...... 18222 22 CFR 41...... 18384 53...... 18384 309...... 18154 26 CFR 1 (2 documents) ...... 18159, 18160 33 CFR Proposed Rules: 165 (2 documents) ...... 18222, 18225 36 CFR 1253...... 18160 40 CFR 49...... 18161 60...... 18162 61...... 18162 63...... 18169 271...... 18172 Proposed Rules: 63 (2 documents) ...... 18229, 18334 271...... 18229 42 CFR 422...... 18176 423...... 18176 44 CFR 62...... 18182 64...... 18188 67 (2 documents) ...... 18189, 18197 Proposed Rules: 67 (3 documents) ...... 18230, 18243, 18246 47 CFR Proposed Rules: 73...... 18252 50 CFR 648...... 18215 679...... 18219 Proposed Rules: 622...... 18253 697...... 18253
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Rules and Regulations Federal Register Vol. 73, No. 65
Thursday, April 3, 2008
This section of the FEDERAL REGISTER Merit Systems Protection Board, 1615 M number of discovery requests. The contains regulatory documents having general Street, NW., Washington, DC 20419; MSPB noted at that time that it had applicability and legal effect, most of which (202) 653–7200, phone; (202) 653–7130, decided to follow the guidance of the are keyed to and codified in the Code of fax; or e-mail: [email protected]. Federal Rules of Civil Procedure (Fed. Federal Regulations, which is published under R. Civ. P.) in adopting these changes to 50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: its discovery procedures. The I. Background The Code of Federal Regulations is sold by September 18, 2003 interim rule also the Superintendent of Documents. Prices of On September 18, 2003, the MSPB amended 1201.73(d)(2) to reduce the new books are listed in the first FEDERAL issued an interim rule amending several number of days for filing subsequent REGISTER issue of each week. provisions of its practices and discovery requests from 10 days to 7 procedures regulations to improve the days. agency’s service to its customers by MERIT SYSTEMS PROTECTION III. Summary of Changes in This facilitating the expeditious adjudication Revised Interim Rule BOARD of appeals. These changes in the MSPB’s This revised interim rule makes 5 CFR Part 1201 rules of practice and procedure were, in part, a response to the directives several changes to the MSPB’s contained in the President’s regulations as follows: Streamlining Regulations 5 CFR 1201.28(g) is added to provide Management Agenda (2002). The that the date on which a case returns to AGENCY: Merit Systems Protection President’s management reform the adjudication process following a Board. initiative directs agencies to ‘‘reshape suspension is the 31st day after the ACTION: Revised interim rule with their organizations to meet a standard of suspension went into effect, but that if request for comment. excellence in attaining the outcomes that date falls on a day when the MSPB important to the nation.’’ Among other SUMMARY: The Merit Systems Protection is not open for business, such as a actions, agencies are directed to reduce Board (‘‘MSPB’’) is issuing a revised weekend or Federal holiday, then the the time they take to make decisions. In interim rule amending several first business day after that date is addition, appellants and agencies had provisions of its practices and substituted. The MSPB’s regulations also expressed concern about the procedures regulations to improve the were previously silent on this point and amount of time it took to adjudicate or agency’s service to its customers by it is anticipated that this amendment otherwise process a case through the facilitating the expeditious adjudication will serve its and the parties’ interests MSPB. As a result, the MSPB reviewed of appeals. This revised interim rule is by assuring that deadlines restart and its practice and procedure regulations intended to streamline MSPB case parties are held responsible for meeting and determined that aspects of the adjudication. It revises and adds to the processing requirements only on days regulations could be modified to regulatory changes undertaken in an that the MSPB is open to conduct improve its efficiency and effectiveness interim rule issued by the MSPB on official business. while maintaining the rights of the September 18, 2003. (68 FR 54651) This 5 CFR 1201.72(c) is clarified by parties to a fair and impartial revised interim rule reflects the adding the words ‘‘to parties’’ after adjudication of appeals before the comments received from MSPB ‘‘interrogatories’’ in response to a MSPB. adjudicators and practitioners based on comment received from a practitioner their experiences with the II. Changes Contained in the September suggesting that there may be some implementation of the current interim 18, 2003 Interim Rule confusion about whether interrogatories may be served on nonparties. rule. The MSPB is soliciting comments The September 18, 2003 interim rule concerning this revised interim rule, as 5 CFR 1201.72(d) is clarified by amended 5 CFR 1201.28 to allow the moving the words ‘‘the discovery sought well as additional comments concerning judge to grant a joint or unilateral is’’ from the introduction to the the September 18, 2003 interim rule. request for suspension of a case for only beginning of paragraph (1) of that The MSPB will issue a final rule one 30-day period rather than two 30- section. following the end of the comment day periods. Moreover, the amended 5 CFR 1201.73 is amended by adding period for this revised interim rule. All regulation provided that such requests a new section (a) concerning initial comments received during the comment would only be granted for good cause disclosures required of the parties. This period will be taken into consideration shown at the discretion of the judge, new provision, which is similar to Fed. in drafting the final rule. rather than automatically. Finally, the R. Civ. P. Rule 26, requires the parties DATES: Effective date: April 3, 2008. amendment specified a 30-day limit on to make certain specific initial Submit written comments on or before the amount of time the judge could disclosures to each other within 10 days June 2, 2008. grant for a unilateral request. of the date of the Acknowledgment ADDRESSES: Send comments to William The September 18, 2003 interim rule Order, so as to jump start the discovery D. Spencer, Clerk of the Board, Merit also added two new subsections to the process. Systems Protection Board, 1615 M MSPB’s regulations governing discovery 5 CFR 1201.73(e)(1) and 74(a) are Street, NW., Washington, DC 20419; procedures. These subsections, 5 CFR amended to add an express requirement (202) 653–7200, phone; (202) 653–7130, 1201.72(d) and 1201.73(e), permitted that the parties attempt to resolve a fax; or e-mail: [email protected]. the administrative judge to impose discovery dispute before filing a motion FOR FURTHER INFORMATION CONTACT: limits on the frequency or extent of the to compel with the MSPB. Parties often William D. Spencer, Clerk of the Board, use of discovery methods and the file a motion to compel discovery when
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interrogatories are only one day late or inspection or copying, and requests for must start the process by serving a there is a minor disagreement over the admission. request for discovery on the scope of discovery, before they make (d) Limitations. The judge may limit representative of the other party or the any reasonable effort to discuss the the frequency or extent of use of the party if there is no representative. The issue with the opposing party. At a discovery methods permitted by these request for discovery must state the time minimum, the MSPB believes that this regulations. Such limitations may be limit for responding, as prescribed in amendment will cause the parties to imposed if the judge finds that: § 1201.73(f), and must specify the time narrow the discovery issues in dispute, (1) The discovery sought is and place of the taking of the saving time and effort. cumulative or duplicative, or is deposition, if applicable. When a party obtainable from some other source that directs a request for discovery to an IV. Request for Additional Comment is more convenient, less burdensome, or officer or employee of a Federal agency The MSPB received 8 comments from less expensive; that is a party, the agency must make appellants’ representatives and agency (2) The party seeking discovery has the officer or employee available on representatives in response to the had sufficient opportunity by discovery official time to respond to the request, September 18, 2003 interim rule. The in the action to obtain the information and must assist the officer or employee MSPB is considering these comments sought; or as necessary in providing relevant and will respond to them when a final (3) The burden or expense of the information that is available to the rule is issued. However, as agency and proposed discovery outweighs its likely agency. appellant representatives have now had b (c) Discovery from a nonparty, a significant period of time operating I 5. Revise § 1201.73 to read as follows: including a nonparty Federal agency. under the amendments effected by the Parties should try to obtain voluntary September 18, 2003 interim rule, the § 1201.73 Initial disclosures and discovery discovery from nonparties whenever procedures. MSPB is interested in receiving possible. A party seeking discovery from additional comments based upon such (a) Initial disclosures. Except to the a nonparty Federal agency or employee actual experience prior to issuing a final extent otherwise directed by order, each must start the process by serving a rule. The MSPB also invites comments party must, without awaiting a request for discovery on the nonparty concerning other changes to its discovery request and within 10 days Federal agency or employee. A party regulations discussed herein that could following the date of the MSPB’s may begin discovery from other facilitate the expeditious adjudication of acknowledgment order, provide the nonparties by serving a request for appeals without adversely affecting the following information to the other party: discovery on the nonparty directly. If rights of the parties. (1) The agency must provide: the party seeking the information does (i) A copy of, or a description by not make that request, or if it does so List of Subjects in 5 CFR Part 1201 category or location of all documents in but fails to obtain voluntary Administrative practice and the possession, custody, or control of cooperation, it may obtain discovery procedure, Civil rights, Government the agency that the agency may use in from a nonparty by filing a written employees. support of its claims or defenses, and motion with the judge, showing the (ii) The name and, if known, the I relevance, scope, and materiality of the Accordingly, the MSPB amends 5 CFR address, telephone number, and e-mail particular information sought. If the Part 1201 as follows: address of each individual likely to have party seeks to take a deposition, it PART 1201—[AMENDED] discoverable information that the should state in the motion the date, agency may use in support of its claims time, and place of the proposed I 1. The authority citation for part 1201 or defenses, identifying the subjects of deposition. An authorized official of the continues to read as follows: such information. MSPB will issue a ruling on the motion, (2) The appellant must provide: Authority: 5 U.S.C. 1204, 1305, and 7701, and will serve the ruling on the moving and 38 U.S.C. 4331, unless otherwise noted. (i) A copy of, or a description by party. That official also will provide that category or location of all documents in party with a subpoena, if approved, that I 2. Add § 1201.28(g) as follows: the possession, custody, or control of is directed to the individual or entity the appellant that the appellant may use from which discovery is sought. The § 1201.28 Case suspension procedures. in support of his or her claims or subpoena will specify the manner in * * * * * defenses, and which the party may seek compliance (g) Termination after 30 days. If the (ii) The name and, if known, the with it, and it will specify the time limit final day of the 30-day suspension address, telephone number, and e-mail for seeking compliance. The party period falls on a day on which the address of each individual likely to have seeking the information is responsible MSPB is closed for business, discoverable information that the for serving any MSPB-approved adjudication shall resume as of the first appellant may use in support of his or discovery request and subpoena on the business day following the expiration of her claims or defenses, identifying the individual or entity, or for arranging for the 30-day period. subjects of such information. its service. I 3. Revise § 1201.72 by revising (3) Each party must make its initial (d) Responses to discovery requests. A paragraphs (c) and (d) to read as follows: disclosure based upon the information party, or a Federal agency that is not a then reasonably available to the party. A party, must answer a discovery request § 1201.72 Explanation and scope of party is not excused from making its within the time provided under discovery. disclosures because it has not fully paragraph (f)(2) of this section, either by * * * * * completed its investigation of its case, furnishing to the requesting party the (c) Methods. Parties may use one or because it challenges the sufficiency of information or testimony requested or more of the methods provided under the the other party’s disclosures, or because agreeing to make deponents available to Federal Rules of Civil Procedure. These the other party has not made its testify within a reasonable time, or by methods include written interrogatories disclosures. stating an objection to the particular to parties, depositions, requests for (b) Discovery from a party. A party request and the reasons for the production of documents or things for seeking discovery from another party objection. Parties and non-parties may
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respond to discovery requests by (3) Any motion to depose a nonparty ACTION: Final Rule. electronic mail if authorized by the (along with a request for a subpoena) requesting party. must be submitted to the judge within SUMMARY: This action establishes Class (e) Motions to compel discovery. (1) If the time limits stated in paragraph (f)(1) E airspace at Kobuk, AK to provide a party fails or refuses to respond in full of this section or as the judge otherwise adequate controlled airspace to contain to a discovery request, or if a nonparty directs. aircraft executing Standard Instrument fails or refuses to respond in full to a (4) Any motion for an order to compel Approach Procedures (SIAPs). Two new MSPB-approved discovery order, the discovery must be filed with the judge SIAPs and a textual departure procedure requesting party may file a motion to within 10 days of the date of service of (DP) are being developed for the Kobuk compel discovery. The requesting party objections or, if no response is received, Airport. This action establishes existing must file the motion with the judge, and within 10 days after the time limit for Class E airspace upward from 700 feet must serve a copy of the motion on the response has expired. Any pleading in (ft.) and 1,200 ft. above the surface at other party and on any nonparty entity opposition to a motion to compel Kobuk Airport, Kobuk, AK. or person from whom the discovery was discovery must be filed with the judge DATES: Effective Date: 0901 UTC, June 5, sought. Before filing any motion to within 10 days of the date of service of 2008. The Director of the Federal compel discovery, the moving party the motion. Register approves this incorporation by shall discuss the anticipated motion (5) Discovery must be completed reference action under title 1, Code of with the opposing party either in person within the time the judge designates. Federal Regulations, part 51, subject to or by telephone and the parties shall (g) Limits on the number of discovery the annual revision of FAA Order make a good faith effort to resolve the requests. (1) Absent prior approval by 7400.9 and publication of conforming discovery dispute and narrow the areas the judge, interrogatories served by amendments. of disagreement. The motion shall parties upon another party or a nonparty FOR FURTHER INFORMATION CONTACT: Gary include: may not exceed 25 in number, including Rolf, AAL–538G, Federal Aviation (i) A copy of the original request and all discrete subparts. Administration, 222 West 7th Avenue, (2) Absent prior approval by the judge a statement showing that the Box 14, Anchorage, AK 99513–7587; or agreement by the parties, each party information sought is relevant and telephone number (907) 271–5898; fax: may not take more than 10 depositions. material; and (907) 271–2850; e-mail: (3) Requests to exceed the limitations (ii) A copy of the response to the [email protected]. Internet address: set forth in paragraphs (g)(1) and (g)(2) request (including the objections to http://www.alaska.faa.gov/at. of this section may be granted at the discovery) or, where appropriate, a SUPPLEMENTARY INFORMATION: statement that no response has been discretion of the judge. In considering received, along with an affidavit or such requests, the judge shall consider History the factors identified in § 1201.72(d) of sworn statement under 28 U.S.C. 1746 On Friday, February 1, 2008, the FAA this part. supporting the statement (See appendix proposed to amend part 71 of the I IV to part 1201.); and 6. Revise § 1201.74(a) to read as Federal Aviation Regulations (14 CFR (iii) A statement that the parties have follows: part 71) to establish Class E airspace discussed the anticipated motion and § 1201.74 Orders for discovery upward from 700 ft. above the surface have made a good faith effort to resolve (a) Motion for an order compelling and from 1,200 ft. above the surface at the discovery dispute and narrow the discovery. Motions for orders Kobuk, AK (73 FR 6056). The action was areas of disagreement. compelling discovery and motions for proposed in order to create Class E (2) The other party and any other the appearance of nonparties must be airspace sufficient in size to contain entity or person from whom discovery filed with the judge in accordance with aircraft while executing SIAPs for the was sought may respond to the motion § 1201.73(e)(1) and (f)(4). An Kobuk Airport. Class E controlled to compel discovery within the time administrative judge may deny a motion airspace extending upward from 700 ft. limits stated in paragraph (f)(4) of this to compel discovery if a party fails to above the surface and from 1,200 ft. section. comply with the requirements of 5 CFR above the surface in the Kobuk Airport (f) Time limits. (1) Parties who wish § 1201.73(e)(1) and (f)(4). area is established by this action. to make discovery requests or motions Interested parties were invited to must serve their initial requests or * * * * * participate in this rulemaking motions within 25 days after the date on William D. Spencer, proceeding by submitting written which the judge issues an order to the Clerk of the Board. comments on the proposal to the FAA. respondent agency to produce the [FR Doc. E8–6934 Filed 4–2–08; 8:45 am] No comments were received. The rule is agency file and response. BILLING CODE 7400–01–P adopted as proposed. (2) A party or nonparty must file a The area will be depicted on response to a discovery request aeronautical charts for pilot reference. promptly, but not later than 20 days The coordinates for this airspace docket DEPARTMENT OF TRANSPORTATION after the date of service of the request or are based on North American Datum 83. order of the judge. Any discovery Federal Aviation Administration The Class E airspace areas designated as requests following the initial request 700/1,200 ft. transition areas are must be served within 10 days of the 14 CFR Part 71 published in paragraph 6005 of FAA date of service of the prior response, Order 7400.9R, Airspace Designations unless the parties are otherwise [Docket No. FAA–2007–0341; Airspace and Reporting Points, signed August 15, directed. Deposition witnesses must Docket No. 07–AAL–19] 2007, and effective September 15, 2007, give their testimony at the time and Establishment of Class E Airspace; which is incorporated by reference in 14 place stated in the request for Kobuk, AK CFR 71.1. The Class E airspace deposition or in the subpoena, unless designations listed in this document the parties agree on another time or AGENCY: Federal Aviation will be published subsequently in the place. Administration (FAA), DOT. Order.
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The Rule PART 71—DESIGNATION OF CLASS A, System, such as the commissioning of CLASS B, CLASS C, CLASS D, AND new navigational facilities, adding new This amendment to 14 CFR part 71 CLASS E AIRSPACE AREAS; obstacles, or changing air traffic establishes Class E airspace at the AIRWAYS; ROUTES; AND REPORTING requirements. These changes are Kobuk Airport, Alaska. This Class E POINTS designed to provide safe and efficient airspace is established to accommodate use of the navigable airspace and to I aircraft executing new DP and SIAPs, 1. The authority citation for 14 CFR promote safe flight operations under and will be depicted on aeronautical part 71 continues to read as follows: instrument flight rules at the affected charts for pilot reference. The intended Authority: 49 U.S.C. 106(g), 40103, 40113, airports. effect of this rule is to provide adequate 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: This rule is effective April 3, controlled airspace for Instrument Flight 1963 Comp., p. 389. 2008. The compliance date for each Rules (IFR) operations at the Kobuk § 71.1 [Amended] SIAP, associated Takeoff Minimums, Airport, Kobuk, Alaska. I 2. The incorporation by reference in and ODP is specified in the amendatory The FAA has determined that this 14 CFR 71.1 of Federal Aviation provisions. regulation only involves an established Administration Order 7400.9R, Airspace The incorporation by reference of body of technical regulations for which Designations and Reporting Points, certain publications listed in the frequent and routine amendments are signed August 15, 2007, and effective regulations is approved by the Directory necessary to keep them operationally September 15, 2007, is amended as of the Federal Register as of April 3, current. It, therefore—(1) is not a follows: 2008. ‘‘significant regulatory action’’ under * * * * * ADDRESSES: Availability of matter Executive Order 12866; (2) is not a incorporated by reference in the Paragraph 6005 Class E Airspace Extending ‘‘significant rule’’ under DOT amendment is as follows: Regulatory Policies and Procedures (44 Upward From 700 Feet or More Above the Surface of the Earth. For Examination— FR 11034; February 26, 1979); and (3) 1. FAA Rules Docket, FAA * * * * * does not warrant preparation of a Headquarters Building, 800 regulatory evaluation as the anticipated AAL AK E5 Kobuk, AK [New] Independence Avenue, SW., impact is so minimal. Since this is a Kobuk, Kobuk Airport, AK Washington, DC 20591; routine matter that will only affect air (Lat. 66°54′44″ N., long. 156°53′50″ W.) 2. The FAA Regional Office of the traffic procedures and air navigation, it That airspace extending upward from 700 region in which the affected airport is is certified that this rule will not have feet above the surface within a 7.7-mile located; a significant economic impact on a radius of the Kobuk Airport; and that 3. The National Flight Procedures substantial number of small entities airspace extending upward from 1,200 feet Office, 6500 South MacArthur Blvd., under the criteria of the Regulatory above the surface within a 73-mile radius of Oklahoma City, OK 73169 or, Flexibility Act. the Kobuk Airport. 4. The National Archives and Records The FAA’s authority to issue rules * * * * * Administration (NARA). For regarding aviation safety is found in Issued in Anchorage, AK, on March 24, Information on the availability of this Title 49 of the United States Code. 2008. material at NARA, call 202–741–6030, Subtitle 1, Section 106 describes the Anthony M. Wylie, or go to: http://www.archives.gov/ _ authority of the FAA Administrator. Manager, Alaska Flight Services Information federal register/ _ _ _ Subtitle VII, Aviation Programs, Area Group. code of federal regulations/ _ describes in more detail the scope of the [FR Doc. E8–6931 Filed 4–2–08; 8:45 am] ibr locations.html. agency’s authority. BILLING CODE 4910–13–P Availability—All SIAPs are available online free of charge. Visit http:// This rulemaking is promulgated nfdc.faa.gov to register. Additionally, under the authority described in DEPARTMENT OF TRANSPORTATION individual SIAP and Takeoff Minimums Subtitle VII, Part A, Subpart 1, Section and ODP copies may be obtained from: 40103, Sovereignty and use of airspace. 14 CFR Part 97 1. FAA Public Inquiry Center (APA– Under that section, the FAA is charged 200), FAA Headquarters Building, 800 [Docket No. 30601; Amdt. No. 3263] with prescribing regulations to ensure Independence Avenue, SW., the safe and efficient use of the Washington, DC 20591; or navigable airspace. This regulation is Standard Instrument Approach Procedures, and Takeoff Minimums 2.The FAA Regional Office of the within the scope of that authority region in which the affected airport is because it creates Class E airspace and Obstacle Departure Procedures; Miscellaneous Amendments located. sufficient in size to contain aircraft FOR FURTHER INFORMATION CONTACT: executing instrument procedures for the AGENCY: Federal Aviation Kobuk Airport and represents the FAA’s Administration (FAA), DOT. Harry J. Hodges, Flight Procedure Standards Branch (AFS–420)Flight continuing effort to safely and ACTION: Final Rule. efficiently use the navigable airspace. Technologies and Programs Division, SUMMARY: This rule establishes, amends, Flight Standards Service, Federal List of Subjects in 14 CFR Part 71 suspends, or revokes Standard Aviation Administration, Mike Instrument Approach Procedures Monroney Aeronautical Center, 6500 Airspace, Incorporation by reference, (SIAPs) and associated Takeoff South MacArthur Blvd., Oklahoma City, Navigation (air). Minimums and Obstacle Departure OK. 73169 (Mail Address: P.O. Box Adoption of the Amendment Procedures for operations at certain 25082 Oklahoma City, OK. 73125) airports. These regulatory actions are telephone: (405) 954–4164. I In consideration of the foregoing, the needed because of the adoption of new SUPPLEMENTARY INFORMATION: This rule Federal Aviation Administration or revised criteria, or because of changes amends Title 14, Code of Federal amends 14 CFR part 71 as follows: occurring in the National Airspace Regulations, Part 97 (14 CFR part 97) by
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amending the referenced SIAPs. The Terminal Instrument Procedures List of Subjects in 14 CFR part 97: complete regulatory description of each (TERPS). In developing these changes to SIAP is listed on the appropriate FAA SIAPs, the TERPS criteria were applied Air Traffic Control, Airports, Form 8260, as modified by the National only to specific conditions existing at Incorporation by reference, and Flight Data Center (FDC)/Permanent the affected airports. All SIAP Navigation (Air). Notice to Airmen (P–NOTAM), and is amendments in this rule have been Issued in Washington, DC on March 21, incorporated by reference in the previously issued by the FAA in a FDC 2008. amendment under 5 U.S.C. 552(a), 1 NOTAM as an emergency action of James J. Ballough, CFR part 51, and § 97.20 of Title 14 of immediate flight safety relating directly Director, Flight Standards Service. the Code of Federal Regulations. to published aeronautical charts. The The large number of SIAPs, their circumstances which created the need Adoption of the Amendment complex nature, and the need for a for all these SIAP amendments requires I Accordingly, pursuant to the authority special format make their verbatim making them effective in less than 30 delegated to me, Title 14, Code of publication in the Federal Register days. expensive and impractical. Further, Because of the close and immediate Federal Regulations, part 97, 14 CFR airmen do not use the regulatory text of relationship between these SIAPs and part 97, is amended by amending the SIAPs, but refer to their graphic safety in air commerce, I find that notice Standard Instrument Approach depiction on charts printed by and public procedure before adopting Procedures, effective at 0901 UTC on publishers of aeronautical materials. these SIAPs are impracticable and the dates specified, as follows: Thus, the advantages of incorporation contrary to the public interest and, PART 97—STANDARD INSTRUMENT by reference are realized and where applicable, that good cause exists APPROACH PROCEDURES publication of the complete description for making these SIAPs effective in less of each SIAP contained in FAA form than 30 days. I 1. The authority citation for part 97 documents is unnecessary. This Conclusion continues to read as follows: amendment provides the affected CFR sections and specifies the types of SIAP The FAA has determined that this Authority: 49 U.S.C. 106(g), 40103, 40106, and the corresponding effective dates. regulation only involves an established 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. This amendment also identifies the body of technical regulations for which frequent and routine amendments are airport and its location, the procedure I 2. Part 97 is amended to read as necessary to keep them operationally and the amendment number. follows: current. It, therefore—(1) is not a The Rule ‘‘significant regulatory action’’ under §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, This amendment to 14 CFR part 97 is DOT Regulatory Order 12866; (2) is not 97.35 [Amended] effective upon publication of each a ‘‘significant rule’’ under DOT By amending: § 97.23 VOR, VOR/ separate SIAP as amended in the regulatory Policies and Procedures (44 DME, VOR or TACAN, and VOR/DME transmittal. For safety and timeliness of FR 11034; February 26, 1979); and (3) or TACAN; § 97.25 LOC, LOC/DME, change considerations, this amendment does not warrant preparation of a LDA, LDA/DME, SDF, SDF/DME; incorporates only specific changes regulatory evaluation as the anticipated § 97.27 NDB, NDB/DME; § 97.29 ILS, contained for each SIAP as modified by impact is so minimal. For the same ILS/DME, ISMLS, MLS/DME, MLS/ FDC/P–NOTAMs. reason, the FAA certifies that this The SIAPs, as modified by FDC amendment will not have a significant RNAV; § 97.31 RADAR SIAPs; § 97.33 P–NOTAM, and contained in this economic impact on a substantial RNAV SIAPs; and § 97.35 COPTER amendment are based on the criteria number of small entities under the SIAPs, Identified as follows: contained in the U.S. Standard for criteria of the Regulatory Flexibility Act. * * * Effective Upon Publication
FDC date State City Airport FDC No. Subject
09/06/07 ...... GA ATHENS ...... ATHENS/BEN EPPS...... 7/5144 TAKE-OFF MINIMUMS AND (OBSTACLE) DEPARTURE PROCS AMDT 1. 01/28/07 ...... MA WESTFIELD/SPRING- BARNES MUNI ...... 8/2537 VOR OR TACAN RWY 2, AMDT FIELD. 4A. 03/03/08 ...... ID POCATELLO ...... POCATELLO REGIONAL...... 8/6887 NOTAM PREVIOUSLY PUB- LISHED IN TL 08–8 IS RE- SCINDED. 03/06/08 ...... NY ALBANY ...... ALBANY INTL ...... 8/7360 ILS OR LOC RWY 1, AMDT 10. 03/06/08 ...... TX LUBBOCK ...... LUBBOCK PRESTON SMITH INTL .... 8/7580 ILS OR LOC RWY 26, AMDT 3A. 03/10/08 ...... CO GREELEY ...... GREELEY-WELD COUNTY ...... 8/7780 NDB RWY 34, ORIG. 03/10/08 ...... LA LAKE CHARLES ...... LAKE CHARLES REGIONAL ...... 8/7796 ILS RWY 15, AMDT 20. 03/10/08 ...... AK ALLAKAKET ...... ALLAKAKET ...... 8/7800 RNAV (GPS) RWY 23, ORIG. 03/10/08 ...... AK ALLAKAKET ...... ALLAKAKET ...... 8/7801 RNAV (GPS) RWY 5, ORIG. 03/10/08 ...... AK KALTAG ...... KALTAG ...... 8/7818 RNAV (GPS) RWY 3, ORIG. 03/10/08 ...... AK KALTAG ...... KALTAG ...... 8/7820 RNAV (GPS) RWY 21, ORIG. 03/10/08 ...... NY NEW YORK ...... JOHN F. KENNEDY INTL ...... 8/7827 ILS RWY 22L, AMDT 24. 03/11/08 ...... OH AKRON ...... AKRON-CANTON REGIONAL ...... 8/7924 ILS OR LOC RWY 19, AMDT 7A. 03/11/08 ...... OH COLUMBUS ...... PORT COLUMBUS INTL ...... 8/7925 ILS OR LOC RWY 10R, AMDT 8A. 03/11/08 ...... OH AKRON ...... AKRON-CANTON REGIONAL ...... 8/7926 ILS OR LOC RWY 1, AMDT 37A.
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FDC date State City Airport FDC No. Subject
03/11/08 ...... WY CHEYENNE ...... CHEYENNE RGNL/JERRY OLSON 8/7938 RADAR–1, AMDT 1A. FIELD. 03/13/08 ...... IN ELKHART ...... ELKHART MUNI ...... 8/8186 ILS OR LOC RWY 27, AMDT 2. 03/13/08 ...... IL SPRINGFIELD ...... ABRAHAM LINCOLN CAPITAL ...... 8/8187 ILS OR LOC RWY 4, AMDT 25B. 03/13/08 ...... NE OMAHA ...... EPPLEY AIRFIELD...... 8/8189 ILS OR LOC/DME RWY 14L, AMDT 1. 03/13/08 ...... NE OMAHA ...... EPPLEY AIRFIELD ...... 8/8190 ILS OR LOC RWY 32L, AMDT 1. 03/13/08 ...... OH CINCINNATI ...... CINCINNATTI MUNI AIRPORT- 8/8191 ILS RWY 21L, AMDT 17. LUNKEN FIELD. 03/13/08 ...... SD RAPID CITY ...... RAPID CITY REGIONAL ...... 8/8192 ILS OR LOC RWY 32, AMDT 17C. 03/13/08 ...... OH DAYTON ...... JAMES M COX DAYTON INTL ...... 8/8193 ILS OR LOC RWY 18, AMDT 9A. 03/13/08 ...... OH DAYTON ...... JAMES M COX DAYTON INTL ...... 8/8194 ILS OR LOC RWY 24L, AMDT 8B. 03/13/08 ...... OH DAYTON ...... JAMES M COX DAYTON INTL ...... 8/8195 ILS OR LOC RWY 24R, AMDT 7. 03/13/08 ...... WI WAUKESHA ...... WAUKESHA COUNTY ...... 8/8196 ILS OR LOC RWY 10, AMDT 1. 03/13/08 ...... WI MADISON ...... DANE COUNTY REGIONAL-TRUAX 8/8197 ILS OR LOC/DME RWY 18, FIELD. ORIG–A. 03/13/08 ...... WI MADISON ...... DANE COUNTY REGIONAL-TRUAX 8/8198 ILS OR LOC/DME RWY 36, FIELD. ORIG–B. 03/13/08 ...... WI MILWAUKEE ...... GENERAL MITCHELL INTL ...... 8/8199 ILS RWY 7R, AMDT 15. 03/13/08 ...... WI MILWAUKEE ...... GENERAL MITCHELL INTL ...... 8/8200 ILS RWY 19R, AMDT 10. 03/13/08 ...... MI MUSKEGON ...... MUSKEGON COUNTY ...... 8/8202 ILS RWY 32, AMDT 17. 03/13/08 ...... MO COLUMBIA ...... COLUMBIA REGIONAL ...... 8/8203 ILS RWY 2, AMDT 13B. 03/13/08 ...... MO KANSAS CITY ...... KANSAS CITY INTL ...... 8/8204 ILS RWY 27, AMDT 1. 03/13/08 ...... WI OSHKOSH ...... WITTMAN RGNL ...... 8/8205 ILS OR LOC RWY 36, AMDT 6C. 03/13/08 ...... OH FREMONT ...... SANDUSKY COUNTY REGIONAL ..... 8/8211 GPS RWY 6, ORIG–A. 03/13/08 ...... OH FREMONT ...... SANDUSKY COUNTY REGIONAL ..... 8/8212 GPS RWY 24, ORIG–A. 03/13/08 ...... MI KALAMAZOO ...... KALAMAZOO/BATTLE CREEK INTL .. 8/8214 ILS OR LOC RWY 35, AMDT 22. 03/14/08 ...... CA ONTARIO ...... ONTARIO INTL ...... 8/8493 ILS OR LOC RWY 8L, AMDT 8A. 03/17/08 ...... CO DENVER ...... DENVER INTL ...... 8/8734 ILS OR LOC RWY 25, AMDT 2A.
[FR Doc. E8–6602 Filed 4–2–08; 8:45 am] SUPPLEMENTARY INFORMATION: The Peace Treasury. Procedures for written BILLING CODE 4910–13–P Corps published a proposed rule on demand of payment and debtor review February 22, 2008 (Volume 73, Number of the debt are provided. Methods of 36) for public review and comment. The debt collection are listed. Peace Corps did not receive any public Subpart C—Salary Offset PEACE CORPS comments and the Agency has not made any further revisions. Therefore, this The subpart provides for salary offset 22 CFR Part 309 rule is final and will be effective on the collection procedures. Coordination of date stated above. salary offset of another Federal Agency RIN 0420–AA22 Section-by-Section Analysis is addressed. Notice requirements prior Debt Collection to salary offset are listed. Outside Subpart A—General Provisions hearings prior to salary offset is AGENCY: Peace Corps. The subpart announces the general addressed. ACTION: Final Rule. purpose and scope of the regulation, Executive Order 12866 provides definitions and terms used in SUMMARY: The Peace Corps has revised this regulation, and this regulation’s This regulation has been determined its rules regarding debt collection. This interaction with other regulations and to be non-significant within the final rule clarifies and simplifies Peace procedures. Charges for interest, meaning of Executive Order 12866. Corps’ debt collection procedures and penalties and administrative expenses Regulatory Flexibility Act practices. It eliminates the tax refund are addressed. Procedures for offset provisions of the previous installment payments are provided. The Peace Corps Director, in regulation, and consolidates the Authority to carry out the necessary accordance with the Regulatory administrative and tax refund offset duties for debt collection is delegated to Flexibility Act, (5 U.S.C. 605) has provisions into one section. the Chief Financial Officer. reviewed this regulation and by DATES: Effective Date: This final rule is approving it certifies that this regulation Subpart B—Collection Actions effective May 5, 2008. will not have a significant economic FOR FURTHER INFORMATION CONTACT: The subpart provides for aggressive impact on a substantial number of small Suzanne B. Glasow, Associate General collection efforts by the Peace Corps, entities. This regulation pertains to the Counsel, Office of the General Counsel, and the timely turnover of past due administrative collection of individual 202–692–2157. collections to the Department of the debts owed to the Peace Corps, and does
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not affect acquisition, inter-Agency, or Corps hereby adopts the provisions of (h) Disposable pay has the same foreign claims. the Federal Claims Collections meaning as that term is defined in 5 Standards (31 CFR parts 900–904) and, CFR § 550.1103. Unfunded Mandates Reform Act of except as set forth in this part or (i) Employee means a current 1995 otherwise provided by law, Peace Corps employee of the Peace Corps or other This rule will not result in the will conduct administrative actions to Federal agency, including a member of expenditure by State, local, and tribal collect claims (including offset, the Armed Forces or Reserve of the governments, in the aggregate, or by the compromise, suspension, termination, Armed Forces of the United States. private sector, of $100,000,000 or more disclosure and referral) in accordance (j) FCCS means the Federal Claims in any one year, and it will not with the FCCS. Collection Standards jointly published significantly or uniquely affect small (b) This part is not applicable to: by the Department of the Treasury and governments. Therefore, no actions were (1) Peace Corps claims against another the Department of Justice at 31 CFR deemed necessary under the provisions Federal agency, any foreign country or parts 900–904. of the Unfunded Mandates Reform Act any political subdivision thereof, or any (k) Person means an individual, of 1995. public international organization. corporation, partnership, association, List of Subjects in 22 CFR Part 309 (2) Debts arising out of acquisitions organization, State or local government, contracts subject to the Federal or any other type of entity other than a Claims. Acquisition Regulation (FAR) shall be Federal agency, foreign government, or I For the reasons stated in the preamble, determined, collected, compromised, public international organization. Peace Corps has revised 22 CFR Part terminated, or settled in accordance (l) Salary offset means the 309, as set forth below. with those regulations (see 49 CFR part withholding of amounts from the 32). current pay account of a Federal PART 309—DEBT COLLECTION (3) Claims where the Peace Corps employee to satisfy a debt owed by that Subpart A—General Provisions Director (or designee) determines that employee to the United States. the achievement of the purposes of the (m) Suspension means the temporary Sec. Peace Corps Act, as amended, 22 U.S.C. cessation of an active debt collection 309.1 General purpose. 2501 et seq., or any other provision of pending the occurrence of an 309.2 Scope. law administered by the Peace Corps anticipated event. 309.3 Definitions. require a different course of action. (n) Termination means the cessation 309.4 Other procedures or actions. of all active debt collection action for 309.5 Interest, penalties, and administrative § 309.3 Definitions. the foreseeable future. costs. As used in this part (except where the 309.6 Collection in installments. (o) Waiver means the decision to forgo 309.7 Designation. context clearly indicates, or where the collection of a debt owed to the United term is otherwise defined elsewhere in States as permitted or required by law. Subpart B—Collection Actions this part) the following definitions shall 309.8 Application. apply: § 309.4 Other procedures or actions. 309.9 Notice—written demand for payment. (a) Administrative offset means (a) Nothing contained in this 309.10 Review requirements. withholding funds payable by the regulation is intended to require Peace 309.11 Collection. United States to, or held by the United Corps to duplicate administrative Subpart C—Salary Offset States for, a person to satisfy a debt proceedings required by contract or 309.12 Purpose. owed by the person to the United States. other laws or regulations. 309.13 Scope. (b) Administrative wage garnishment (b) Nothing in this regulation is 309.14 Coordinating offset with another means the process by which a Federal intended to preclude utilization of Federal agency. agency orders a non-Federal employer informal administrative actions or 309.15 Notice requirements before offset. to withhold amounts from an remedies which may be available. 309.16 Review. employee’s wages to satisfy a debt the 309.17 Procedures for salary offset. (c) Nothing contained in this 309.18 Voluntary repayment agreements as employee owes to the United States. regulation is intended to deter Peace an alternative to salary offset. (c) Compromise means that the Corps from demanding the return of 309.19 Waiver. creditor agency accepts less than the full specific property or from demanding the 309.20 Compromise. amount of an outstanding debt in full return of the property or the payment of 309.21 Suspension of collection. satisfaction of the entire amount of the its value. 309.22 Termination of collection. debt. (d) The failure of Peace Corps to 309.23 Discharge. (d) Debt or claim means an amount of 309.24 Bankruptcy. comply with any provision in this money which has been determined by regulation shall not serve as a defense Authority: 31 U.S.C. 3701–3719; 5 U.S.C. an appropriate agency official to be to the debt. 5514; 22 U.S.C. 2503(b); 31 U.S.C. 3720A; 31 owed to the United States from any CFR part 285; 5 CFR 550, subpart K. person. As used in this part, the terms § 309.5 Interest, penalties, and administrative costs. Subpart A—General Provisions debt and claim are synonymous. (e) Debtor means a person who owes (a) Except as otherwise provided by § 309.1 General purpose. the Federal Government money. statute, contract or excluded in This part prescribes the procedures to (f) Delinquent debt means any debt, accordance with FCCS, Peace Corps will be used by the United States Peace which has not been paid by the date assess: Corps (Peace Corps) in the collection specified in an agency’s initial written (1) Interest on unpaid debts in and/or disposal of non-tax debts owed notification or in an applicable accordance with 31 CFR 901.9. to Peace Corps and to the United States. agreement, unless other satisfactory (2) Penalty charges at a rate of 6 payment arrangements have been made. percent a year or such other rate as § 309.2 Scope. (g) Discharge means the release of a authorized by law on any portion of a (a) Applicability of Federal Claims debtor from personal liability for a debt. claim that is delinquent for more than Collection Standards (FCCS). Peace Further collection action is prohibited. 90 days.
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(3) Administrative charges to cover appropriate action in accordance with (vii) Other actions as permitted by the the costs of processing and handling applicable law and regulation. FCCS and applicable law. delinquent debts. (c) Peace Corps may transfer any past (7) How the debtor may inspect and (4) Late payment charges that shall be due, legally enforceable debt that has copy records related to the debt; computed from the date of mailing or been delinquent for fewer than 180 days (8) The debtor’s opportunity for an hand delivery of the notice of the claim to FMS for collection in accordance internal review of Peace Corps’ and interest requirements. with applicable law and regulation. (See determination that the debtor owes a (b) When a debt is paid in partial or 31 CFR part 285.) debt or the amount of the debt; installment payments, amounts received § 309.9 Notice—written demand for (9) The debtor’s right, if any, to shall be applied first to outstanding payment. penalty and administrative cost charges, request waiver of collection of certain (a) Upon determination that a debt is debts, as applicable; second to accrued interest, and then to owed to Peace Corps or the United outstanding principal. States, Peace Corps shall promptly hand (10) Requirement that the debtor (c) Waiver. Peace Corps will consider deliver or send by first-class mail (to the advise Peace Corps of any bankruptcy waiver of interest, penalties and/or debtor’s most current address in the proceeding of the debtor. administrative costs in accordance with records of Peace Corps) at least one (c) Peace Corps may omit from a the FCCS, 31 CFR 901.9(g). written notice (e.g. Bill of Collection or notice to a debtor one or more of the § 309.6 Collection in installments. demand letter) informing the debtor of provisions contained in paragraphs (b) (6) through (10) of this section if Peace Whenever feasible, and except as the consequences of failing to pay or Corps determines that any provision is required otherwise by law, debts owed otherwise resolve a Peace Corps debt, not legally required given the collection to the United States, together with subject to paragraph (c) of this section. Written demand under this subpart may remedies to be applied to a particular interest, penalties, and administrative be preceded by other appropriate debt, or which have already been costs as required by this regulation, actions under this part and or the FCCS, provided by prior notice, applicable should be collected in one lump sum. including but not limited to actions agreement, or contract. This is true whether the debt is being taken under the procedures applicable collected under administrative offset, to administrative offset, including salary § 309.10 Review requirements. including salary offset, or by another offset. (a) For purposes of this section, method, including voluntary payment. (b) The written notice shall inform the However, if the debtor is financially whenever Peace Corps is required to debtor of: afford a debtor a review within the unable to pay the indebtedness in one (1) The nature and amount of the lump sum, payment may be accepted in agency, Peace Corps shall provide the debt, and the facts giving rise to the debtor with an opportunity for an regular installments. If Peace Corps debt; agrees to accept payment in internal review of the existence or the (2) The date by which payment amount of the debt. For offset of current installments, it may require a legally should be made to avoid the imposition enforceable written agreement from the Federal salary under 5 U.S.C. 5514 for of interest, penalties, and administrative certain debts, debtors may also request debtor that specifies all of the terms of costs, and the enforced collection the arrangement and which contains a an outside hearing. (See subpart C of actions described in § 309.5 of this part; this part) provision accelerating the debt in the (3) The applicable standards for event the debtor defaults. The size and imposing interest, penalties and (b) Any request for a review must be frequency of the payments should bear administrative costs to delinquent debts; in writing to the contact office by the a reasonable relation to the size of the (4) Peace Corps’ willingness to payment due date stated in the initial debt and ability of the debtor to pay. If discuss alternative payment notice sent under § 309.9(b) or other possible, the installment payments arrangements and how the debtor may applicable provision. The debtor’s should be sufficient in size and enter into a written agreement to repay request shall state the basis for the frequency to liquidate the Government’s the debt under terms acceptable to dispute and include any relevant claim within three years. Peace Corps; documentation in support. (5) The name, address, and telephone § 309.7 Designation. (1) Peace Corps will provide for an number of a contact person or office internal review of the debt by an The Chief Financial Officer is within Peace Corps; appropriate agency official. The review delegated authority and designated to (6) Peace Corps’ intention to enforce may include examination of documents, perform all the duties for which the collection if the debtor fails to pay or internal discussions with relevant Director is responsible under the otherwise resolve the debt, by taking officials and discussion by letter or forgoing statutes and joint regulations. one or more of the following actions: orally with the debtor, at Peace Corps’ (i) Offset from Federal payments discretion. Subpart B—Collection Actions otherwise due to the debtor, including (2) An oral hearing is not required § 309.8 Application. income tax refunds, salary, certain benefit payments, retirement, vendor when, in Peace Corps’ determination, (a) Peace Corps shall aggressively payments, travel reimbursement and the matter can be decided on the collect claims and debts in accordance advances, and other Federal payments; documentary record. Peace Corps will with these regulations and applicable (ii) Referral to private collection provide a ‘‘paper hearing’’, that is, a law. agency; determination based upon a review of (b) Peace Corps will transfer to the (iii) Report to credit bureaus; the written record unless Peace Corps Department of the Treasury, Financial (iv) Administrative wage garnishment; makes a determination that a debt Management Service (FMS) any past (v) Referral to Department of Justice involves issues of credibility or veracity, due, legally enforceable non-tax debt for litigation action; at which point an oral hearing may be that has been delinquent for 180 days or (vi) Referral to Financial Management required. Unless otherwise required by more so that FMS may take appropriate Service of the Department of the law, such oral hearing shall not be a action to collect the debt or take other Treasury for collection; formal evidentiary hearing.
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§ 309.11 Collection. (1) 5 U.S.C. 5514, as amended, (3) The amount, frequency, Upon final determination of the governing the installment collection of approximate beginning date, and existence and amount of a debt, unless debts; duration of the intended deductions; other acceptable payment arrangement (2) 31 U.S.C. 3716, governing the (4) An explanation of the Peace Corps’ have been made or procedures under a liquidation of debts by administrative policy concerning interest, penalties specific statute apply, Peace Corps shall offset; and administrative costs, including a collect the debt by one or more of the (3) 5 CFR part 550, subpart K, setting statement that such assessments must be methods described in § 309.9(b) (6) (i- forth the minimum requirements for made unless excused in accordance vii) or as otherwise authorized by law executive agency regulations on salary with the FCCS (See § 309.5); and regulation. offset; and (5) The employee’s right to inspect (a) Administrative offset—(1) (4) 31 CFR parts 900 through 904, the and copy all records of the Peace Corps Payments otherwise due the debtor from Federal Claims Collections Standards. pertaining to the debt claimed or to the United States shall be offset from the (c) Nothing in this subpart precludes receive copies of such records if debt in accordance with 31 CFR 901.3. the compromise, suspension, or personal inspection is impractical; These may be funds under the control termination of collection actions where (6) The right to a hearing conducted of Peace Corps or other Federal appropriate under the standards by a hearing official (an administrative agencies. Collection may be through implementing the Federal Claims law judge, or alternatively, an centralized offset by the Financial Collection Standards. individual not under the supervision or Management Service (FMS) of the § 309.14 Coordinating offset with another control of the Peace Corps) with respect Department of the Treasury. Federal agency. to the existence and amount of the debt (2) Such payments include but are not claimed, or the repayment schedule, so (a) When Peace Corps is owed a debt limited to vendor payments, salary, long as a petition is filed by the by an employee of another agency, the retirement, lump sum payments due employee as prescribed; other agency shall not initiate the upon Federal employment separation, (7) If not previously provided, the requested offset until Peace Corps travel reimbursements, tax refunds, opportunity (under terms agreeable to provides the agency with a written loans or other assistance. Offset of the Peace Corps) to establish a schedule certification that the debtor owes Peace Federal salary payments will be in for the voluntary repayment of the debt Corps a debt (including the amount and accordance with 5 U.S.C. 5514. or to enter into a written agreement to basis of the debt and the due date of (3) Before administrative offset is establish a schedule for repayment of payment) and that Peace Corps has instituted by another Federal agency or the debt in lieu of offset. The agreement complied with these regulations. the FMS, Peace Corps shall certify in must be in writing, signed by both the (b) When another agency is owed the writing to that entity that the debt is employee and the creditor agency, and debt, Peace Corps may use salary offset past due and legally enforceable and documented in the creditor agency’s against one of its employees who is that Peace Corps has complied with all files; indebted to another agency, if requested applicable due process and other (8) The name, address and telephone to do so by that agency. Such request requirements as described in this part number of an officer or employee of the must be accompanied by a certification and other Federal law and regulations. Peace Corps who may be contacted that the person owes the debt (including (b) Any other method authorized by concerning procedures for requesting a the amount and basis of the debt and the law or regulation. hearing; due date of payment) and that the (9) The method and time period for Subpart C—Salary Offset agency has complied with its regulations as required by 5 U.S.C. 5514 requesting a hearing; § 309.12 Purpose. and 5 CFR part 550, subpart K. (10) That the timely filing of a petition This subpart provides Peace Corps’ for a hearing as prescribed will stay the policies and procedures for the § 309.15 Notice requirements before commencement of collection collection by salary offset of a Federal offset. proceedings; employee’s pay to satisfy certain past (a) Deductions under the authority of (11) The name and address of the due debts owed the United States 5 U.S.C. 5514 shall not be made unless office to which the petition should be Government. the creditor agency first provides the sent; employee with written notice that he/ (12) That the Peace Corps will initiate § 309.13 Scope. she owes a debt to the Federal certification procedures to implement a (a) The provisions of this section Government at least 30 calendar days salary offset, as appropriate, (which may apply to collection by salary offset before salary offset is to be initiated. not exceed 15 percent of the employee’s under 5 U.S.C. 5514 of debts owed to When Peace Corps is the creditor agency disposable pay) not less than 30 Peace Corps and debts owed to other this notice of intent to offset an calendar days from the date of delivery Federal agencies by Peace Corps’ employee’s salary shall be hand- of the notice of debt, unless the employees. Peace Corps will make delivered or sent by certified mail to the employee files a timely petition for a reasonable and lawful efforts to most current address that is available. hearing; administratively collect amounts owed The written notice will state: (13) That a final decision on the by employees prior to initiating salary (1) That Peace Corps has reviewed the hearing (if one is requested) will be offset action. This section does not records relating to the claim and has issued at the earliest practical date, but apply to debts where collection by determined that a debt is owed, its not later than 60 calendar days after the salary offset is explicitly provided for or origin and nature, and the amount of the filing of the petition requesting the prohibited by another statute (e.g. travel debt; hearing, unless the employee requests advances). (2) The intention of Peace Corps to and the hearing official grants a delay in (b) References. The following statutes collect the debt by means of deduction the proceedings; and regulations apply to Peace Corps’ from the employee’s current disposable (14) That any knowingly false or recovery of debts due the United States pay account until the debt and all frivolous statements, representations or by salary offset: accumulated interest is paid in full; evidence may subject the employee to:
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(i) Disciplinary procedures designated office not later than 20 may inspect and copy records related to appropriate under the Peace Corps Act calendar days after the date of delivery the debt. or the Foreign Service Act, Peace Corps of the notice as provided in § 309.15(a). (3) If personal inspection is regulations, or any other applicable The request must be signed by the impractical, copies of such records shall statutes or regulations; employee and should identify and be sent to the employee. (ii) Penalties under the False Claims explain with reasonable specificity and (e) Oral Hearing. (1) If an employee Act, §§ 3729–3731 of title 31, United brevity the facts, evidence and timely files a request for an oral hearing States Code, or any other applicable witnesses which the employee believes under § 309.16(a), the matter will be statutory authority; and support his or her position. If the conducted by a hearing official not (iii) Criminal penalties under 18 employee objects to the percentage of under the supervision or control of U.S.C. sections 286, 287, 1001, and 1002 disposable pay to be deducted from Peace Corps. or any other applicable authority; each check, the request should state the (2) Procedure. (i) After the employee (15) Any other rights and remedies objection and the reasons for it. The requests a hearing, the hearing official available to the employee under statutes employee must also specify whether an shall notify the employee of the form of or regulations governing the program for oral hearing or a review of the the hearing to be provided. If the which the collection is being made; documentary evidence is requested. If hearing will be oral, notice shall set (16) That unless there are applicable an oral hearing is desired, the request forth the date, time and location of the contractual or statutory provisions to should explain why the matter cannot hearing. If the hearing will be paper, the the contrary, amounts paid on or be resolved by review of the employee shall be notified that he or she deducted for the debt which are later documentary evidence alone. should submit arguments in writing to waived or found not owed to the United (b) Failure to submit timely. (1) If the the hearing official by a specified date States will be promptly refunded to the employee files a petition for a review after which the record shall be closed. employee; and after the expiration of the 20 calendar This date shall give the employee (17) That proceedings with respect to day period provided for in paragraph (a) reasonable time to submit such debt are governed by 5 U.S.C. of this section, the designated office documentation. 5514. may accept the request if the employee (ii) An employee who requests an oral (b) Peace Corps is not required to can show that the delay was the result hearing shall be provided an oral provide prior notice to an employee of circumstances beyond his or her hearing if the hearing official when the following adjustments are control, or because of a failure to receive determines that the matter cannot be made by Peace Corps to a Peace Corps the notice of the filing deadline (unless resolved by review of documentary employee’s pay: the employee has actual knowledge of evidence alone (e.g. when an issue of (1) Any adjustment to pay arising out the filing deadline). credibility or veracity is involved). The of an employee’s election of coverage or (2) An employee waives the right to hearing is not an adversarial a change in coverage under a Federal a review, and will have his or her adjudication, and need not take the form benefits program requiring periodic disposable pay offset in accordance with of an evidentiary hearing. deductions from pay if the amount to be Peace Corps’ offset schedule, if the (iii) If the hearing official determines recovered was accumulated over four employee fails to file a request for a that an oral hearing is not necessary, he pay periods or less; hearing unless such failure is excused as or she will make a decision based upon (2) A routine adjustment of pay that provided in paragraph (b) (1) of this a review of the available written record. is made to correct an overpayment of section. (iv) The hearing official must pay attributable to clerical or (3) If the employee fails to appear at maintain a summary record of any administrative errors or delays in an oral hearing of which he or she was hearing provided by this subpart. processing pay documents, if the notified, unless the hearing official Witnesses who provide testimony will overpayment occurred within the four determines failure to appear was due to do so under oath or affirmation. pay periods preceding the adjustment, circumstances beyond the employee’s (3) Decision. The written decision and, at the time of such adjustment, or control, his or her appeal will be shall include: as soon thereafter as practical, the decided on the basis of the documents (i) A statement of the facts presented individual is provided written notice of then available to the hearing official. to support the origin, nature, and the nature and the amount of the (c) Representation at the hearing. The amount of the debt; adjustment and point of contact for creditor agency may be represented by (ii) The hearing official’s findings, contesting the adjustment; or a representative of its choice. The analysis, and conclusions; and (3) Any adjustment to collect a debt employee may represent himself or (iii) The terms of any repayment of $50 or less, if, at the time of such herself or may be represented by an schedules, or the date salary offset will adjustment, or as soon thereafter as individual of his or her choice and at commence, if applicable. practical, the individual is provided his or her expense. (4) Failure to appear. In the absence written notice of the nature of the (d) Review of Peace Corps records of good cause shown (e.g. excused amount of the adjustment and a point of related to the debt. (1) An employee illness), an employee who fails to contact for contesting the adjustment. who intends to inspect or copy creditor appear at a hearing shall be deemed, for agency records related to the debt in the purpose of this subpart, to admit the § 309.16 Review. accordance with § 309.15(a) (5), must existence and amount of the debt as (a) Request for outside hearing. Except send a letter to the official designated in described in the notice of intent. The as provided in paragraph (b) of this the notice of intent to offset stating his hearing official shall schedule a new section, an employee who desires an or her intention. The letter must be sent hearing upon the request of the creditor outside hearing concerning the within 20 calendar days after receipt of agency representative when good cause existence or amount of the debt or the the notice. is shown. proposed offset schedule must send a (2) In response to a timely request (5) A hearing official’s decision is request to the office designated in the submitted by the debtor, the designated considered to be an official certification notice of intent. See § 309.15(a) (8). The official will notify the employee of the regarding the existence and amount of request must be received by the location and time when the employee the debt for purposes of executing salary
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offset under 5 U.S.C. 5514 only. It does employee’s proposed written agreement the belief that any claims or offset may not supersede the finding by Peace for repayment is acceptable. It is within have survived the discharge of a debtor. Corps that a debt is owed and does not the agency’s discretion to accept a Dated: March 31, 2008. affect the Government’s ability to repayment agreement instead of Tyler S. Posey, recoup the debt through alternative proceeding by offset. General Counsel. collection methods under other (c) If the Peace Corps decides that the appropriate methods. proposed repayment agreement is [FR Doc. E8–6917 Filed 4–2–08; 8:45 am] unacceptable, the employee will have BILLING CODE 6015–01–P § 309.17 Procedures for salary offset. 15 calendar days from the date he or she Unless otherwise provided by statute received notice of the decision to file a or contract, the following procedures petition for a review. DEPARTMENT OF THE TREASURY apply to salary offset: (d) If the Peace Corps decides that the Internal Revenue Service (a) Method. Salary offset will be made proposed repayment agreement is by deduction at one or more officially acceptable, the alternative arrangement 26 CFR Part 1 established pay intervals from the must be in writing and signed by both current pay account of the employee the employee and a designated agency [TD 9383] without his or her consent. official. (b) Source. The source of salary offset RIN 1545–BH21 is current disposable pay. § 309.19 Waiver. (c) Types of collection. (1) Lump sum Guidance Under Section 1502; (a) Under certain circumstances, Amendment of Matching Rule for payment. Ordinarily debts will be employees may have a statutory right to collected by salary offset in one lump Certain Gains on Member Stock; request a waiver of indebtedness. When Correction sum if possible. However, if the amount an employee makes a request under a of the debt exceeds 15 percent of statutory right, further collection will be AGENCY: Internal Revenue Service (IRS), disposable pay for an officially stayed pending an administrative Treasury. established pay interval, the collection determination on the request. ACTION: Final and temporary by salary offset must be made in (b) Waiver of indebtedness is an regulations; Correction. installment deductions. equitable remedy and as such must be (2) Installment deductions. (i) The based on an assessment of the facts SUMMARY: This document contains a size of installment deductions must bear involved in the individual case under correction to final and temporary a reasonable relation to the size of the consideration. The burden is on the regulations (TD 9383) that were debt and the employee’s ability to pay. employee to demonstrate that the published in the Federal Register on If possible, the size of the deduction applicable waiver standard has been Friday, March 7, 2008 (73 FR 12265). will be that necessary to liquidate the met. Concerning the treatment of certain debt in no more than 1 year. However, intercompany gain with respect to the amount deducted for any period § 309.20 Compromise. consolidated group member stock. must not exceed 15 percent of the Peace Corps may attempt to effect These amendments provide for the disposable pay from which the compromise in accordance with the redetermination of an intercompany deduction is made, except as provided standards set forth in the FCCS (31 CFR gain as excluded from gross income in by other regulations or unless the part 902). certain member stock transactions. employee has agreed in writing to These regulations affect corporations § 309.21 Suspension of collection. greater amount. filing consolidated returns. (ii) Installment payments of less than Suspension of collection action shall DATES: This correction is effective April $25 per pay period will be accepted be made in accordance with the 3, 2008. only in the most unusual circumstances. standards set forth in the FCCS (31 CFR (iii) Installment deductions will be 903.1–903.2). FOR FURTHER INFORMATION CONTACT: John made over a period of not greater than F. Tarrant or Ross E. Poulsen, (202) 622– the anticipated period of employment. § 309.22 Termination of collection. 7790 (not a toll-free number). Termination of collection action shall SUPPLEMENTARY INFORMATION: § 309.18 Voluntary repayment agreements be made in accordance with the as an alternative to salary offset. Background standards set forth in the FCCS (31 CFR (a) In response to a notice of intent, 903.1 and 903.3–903.4). The final and temporary regulations an employee may propose a written that are the subject of this document are agreement to repay the debt as an § 309.23 Discharge. under section 1502 of the Internal alternative to salary offset. Any Once a debt has been closed out for Revenue Code. employee who wishes to repay a debt accounting purposes and collection has Need for Correction without salary offset shall submit in been terminated, the debt is discharged. writing a proposed agreement to repay Peace Corps will report discharged debt As published, final and temporary the debt. The proposal shall admit the as income to the debtor to the Internal regulations (TD 9383) contain an error existence of the debt and set forth a Revenue Service per 26 U.S.C. 6050P that may prove to be misleading and is proposed repayment schedule. Any and 26 CFR 1.6050P–1. in need of clarification. proposal under this paragraph must be received by the official designated in § 309.24 Bankruptcy. Correction of Publication that notice within 20 calendar days after Peace Corps generally terminates Accordingly, the publication of the receipt of the notice of intent. collection activity on debts that have final and temporary regulations (TD (b) When the Peace Corps is the been discharged in bankruptcy unless 9383), which were the subject of FR creditor agency, in response to a timely otherwise provided for by bankruptcy Doc. E8–4573, is corrected as follows: proposal by the debtor the agency will law. The CFO will seek legal advice by On page 12266, column 1, in the notify the employee whether the the General Counsel’s office if there is preamble, under the paragraph heading
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‘‘Background’’, lines 3 through 5 from that may prove to be misleading and is INFORMATION section of this preamble. the bottom of the column, the language in need of clarification. This final rule document confirms ‘‘extent ‘‘the Commissioner determines without change to the rule the effective List of Subjects in 26 CFR Part 1 that treating S’s intercompany item as date of the regulation. excluded from gross income is Income taxes, Reporting and DATES: consistent with the purposes of recordkeeping requirements. Effective Date: The interim rule amending published on February 1, § 1.1502–13 and other provisions of the’’ Correction of Publication is corrected to read ‘‘extent ‘‘[t]he 2008 (73 FR 6030), is adopted as a final Commissioner determines that treating I Accordingly, 26 CFR part 1 is rule, effective April 14, 2008. S’s intercompany item as excluded from corrected by making the following FOR FURTHER INFORMATION CONTACT: gross income is consistent with the correcting amendment: Nancy Allard at 301–837–1477 or purposes of [§ 1.1502–13] and other Jennifer Davis Heaps at 301–837–1801 PART 1—INCOME TAXES provisions of the’’. or via fax number 301–837–0319. I LaNita Van Dyke, Paragraph 1. The authority citation SUPPLEMENTARY INFORMATION: NARA Chief, Publications and Regulations Branch, for part 1 continues to read in part as published an interim final rule on Legal Processing Division, Associate Chief follows: February 1, 2008 (73 FR 6030) to restore Counsel (Procedure and Administration). Authority: 26 U.S.C. 7805 * * * extended evening and Saturday research [FR Doc. E8–6879 Filed 4–2–08; 8:45 am] room hours in its Washington, DC, area I Par. 2. Section 1.1502–13T is BILLING CODE 4830–01–P archival research rooms, effective April amended by revising the introductory text of paragraph (c)(6)(ii)(C)(1) to read 14, 2008. The research rooms will be DEPARTMENT OF THE TREASURY as follows: open from 9 a.m. to 5 p.m. on Monday, Tuesday, and Saturday. On Wednesday, Internal Revenue Service § 1.1502–13T Intercompany transactions Thursday, and Friday they will be open (temporary). from 9 a.m. to 9 p.m. 26 CFR Part 1 * * * * * We received 53 comments on the (c) * * * [TD 9383] interim final rule from individuals and (6) * * * representatives of organizations, all RIN 1545–BH21 (ii) * * * supportive of the increased hours. (C) * * * While one comment expressed Guidance Under Section 1502; (1) In general. Notwithstanding Amendment of Matching Rule for disappointment with the choice of paragraph (c)(6)(ii)(A)(1), intercompany evenings because the extended hours Certain Gains on Member Stock; gain with respect to member stock is Correction overlap with the Library of Congress, a redetermined to be excluded from gross number of comments specifically AGENCY: Internal Revenue Service (IRS), income to the extent that— endorsed having three consecutive Treasury. * * * * * evenings and Saturday to maximize the ACTION: Correcting amendment. LaNita Van Dyke, cost-effectiveness of research room use by out-of-town researchers. SUMMARY: This document contains a Chief, Publications and Regulations Branch, correction to final and temporary Legal Processing Division, Associate Chief Seven comments requested that regulations (TD 9383) that were Counsel (Procedure and Administration). NARA provide additional ‘‘record pull published in the Federal Register on [FR Doc. E8–6883 Filed 4–2–08; 8:45 am] times’’ for retrieving records from the Friday, March 7, 2008 (73 FR 12265). BILLING CODE 4830–01–P stacks for use in the research rooms on Concerning the treatment of certain Saturdays and, in one case, weekdays. intercompany gain with respect to As we noted in the interim final rule, we consolidated group member stock. NATIONAL ARCHIVES AND RECORDS are restoring the late afternoon time for These amendments provide for the ADMINISTRATION pulling records from the stacks on the redetermination of an intercompany three weekdays that we are open in the gain as excluded from gross income in 36 CFR Part 1253 evening, but we have never had certain member stock transactions. RIN 3095–AB57 Saturday ‘‘pull’’ service. We recognize These regulations affect corporations that this would be a useful service to filing consolidated returns. [Docket NARA–08–0001] researchers who only use the research DATES: This correction is effective April rooms on Saturdays, but we are unable Locations and Hours; Changes in 3, 2008. to adopt the suggestion. The FY 2008 NARA Research Room Hours appropriation that is permitting us to FOR FURTHER INFORMATION CONTACT: John F. Tarrant or Ross E. Poulsen, (202) 622– AGENCY: National Archives and Records restore extended hours does not cover 7790 (not a toll-free number). Administration (NARA). adding staff to provide this additional new service. As a result, the finding aids SUPPLEMENTARY INFORMATION: ACTION: Final rule; confirmation of interim rule. room is open but there is no archival Background consultation. It is these archival The final and temporary regulations SUMMARY: NARA is revising its professionals who would be needed to that are the subject of this document are regulations to increase the number of ensure successful records pulls. Every under section 1502 of the Internal hours its archival research rooms are records request slip submitted is Revenue Code. open in the Washington, DC, area. In checked for accurate pull information response to an interim final rule by an archivist or specialist. We also do Need for Correction published on February 1, 2008, we not have the pull and refile manager or As published, final and temporary received 53 comments, which are pull and refile technicians available on regulations (TD 9383) contain an error discussed in the SUPPLEMENTARY Saturdays.
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Regulatory Impact WA 98101, or via e-mail at General rule for open burning, and 40 This rule is not a major rule as [email protected]. Additional CFR 49.10586 (i) Rule for air pollution defined in 5 U.S.C. Chapter 8, information may also be obtained from episodes. the Quinault Tribe by contacting Lisa Congressional Review of Agency III. EPA Response to the Request for Riener, Ouinault Indian Nation, 1214 Rulemaking. Delegation Aslis St. Taholah, WA 98569 or via e- List of Subjects in 36 CFR Part 1253 mail at [email protected]. EPA and the Quinault Indian Nation Archives and records. All documents in the electronic signed the Delegation Agreement that docket are listed in the specifies the provisions and authorities PART 1253—LOCATION OF NARA www.regulations.gov index. Although delegated. The Quinault Indian Nation FACILITIES AND HOURS OF USE listed in the index, some information is is delegated the following provisions; 40 not publicly available, i.e., CBI or other CFR 49.10590 (a) General provisions, 40 I Accordingly, the interim rule information whose disclosure is CFR 49.10586 (b) Rule for limiting amending 36 CFR part 1253 which was restricted by statute. Certain other visible emissions, 40 CFR 49.10586 (g) published on February 1, 2008 (73 FR material, such as copyrighted material, General rule for open burning, and 40 6030), is adopted as a final rule without is not placed on the Internet and will be CFR 49.10586 (i) Rule for air pollution change. publicly available only in hard copy episodes. In addition, the agreement Dated: March 31, 2008. form. Publicly available docket delegates to the Tribe authority to investigate complaints and assist EPA in Allen Weinstein, materials are available either electronically in www.regulations.gov or inspections. The Agreement also Archivist of the United States. includes terms and conditions [FR Doc. E8–6984 Filed 4–2–08; 8:45 am] in hard copy during normal business hours at the Office of Air, Waste and applicable to the delegation. A copy of BILLING CODE 7515–01–P Toxics, EPA Region 10, 1200 Sixth the Agreement is kept at EPA Region 10 Avenue, Seattle, Washington 98101. at the address above. EPA solicited by letter, advice and ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: insight from the State of Washington, AGENCY Steve Body at telephone number (206) Grays Harbor County, Jefferson County 553–0782, e-mail address: Olympic National Park, and the 40 CFR Part 49 [email protected], or the EPA Region Olympic National Forest on the 10 address. [EPA–R10–OAR–2008–0130; FRL–8549–2] Quinault request for delegation. One SUPPLEMENTARY INFORMATION: The comment supporting delegation was Announcement of the Delegation of purpose of this action is to announce received. Partial Administrative Authority for that on October 4, 2007, EPA Region 10, Section 553 of the Administrative Implementation of Federal delegated partial administrative Procedure Act, 5 U.S.C. 553(b)(B), Implementation Plan for the Quinault authority for implementation of certain provides that, when an agency for good Reservation to the Quinault Indian provisions of the Quinault FIP to the cause finds that notice and public Nation Quinault Indian Nation. See 40 CFR part procedure are impracticable, 49, subpart M, sections 10581 through unnecessary or contrary to the public AGENCY: Environmental Protection 10590, as authorized by 40 CFR 49.122 interest, the agency may issue a rule Agency (EPA). of the Federal Air Rules for Reservations without providing notice and an ACTION: Delegation of authority; (FARR), 40 CFR part 49, subpart C. opportunity for public comment. EPA technical amendment. I. Authority to Delegate has determined that there is good cause for making today’s rule final without SUMMARY: This action announces that on Federal regulation 40 CFR 49.122 October 4, 2007, EPA Region 10, and the prior proposal and opportunity for provides EPA authority to delegate to comment because EPA is merely Quinault Indian Nation, entered into a Indian Tribes partial administrative Partial Delegation of Administrative informing the public of partial authority to implement provisions of the delegation of administrative authority to Authority to carry out certain day-to-day Federal Air Rules for Reservations activities associated with the Quinault Indian Nation and making (FARR), 40 CFR part 49, subpart C. a technical amendment to the Code of implementation of the Federal Tribes must submit a request to the Implementation Plan for the Quinault Federal Regulations (CFR) by adding a Regional Administrator that meets the note announcing the partial delegation. Reservation (Quinault FIP). A note of requirements of 40 CFR 49.122. this partial delegation is being added to Thus, notice and public procedure are the Quinault FIP. II. Request for Delegation unnecessary. EPA finds that this constitutes good cause under 5 U.S.C. DATES: The technical amendment to 49 On July 25, 2006, the President of the 553(b)(B). CFR 49.10590 is effective April 3, 2008. Quinault Indian Nation submitted to the Moreover, since today’s action does The partial delegation of administrative Regional Administrator a request for not create any new regulatory authority was effective October 4, 2007. delegation of certain provision of the requirements, EPA finds that good cause ADDRESSES: EPA has established a Quinault FIP. That request included all exists to provide for an immediate docket for this action under Docket ID the information and demonstrations effective date pursuant to 5 U.S.C. No. EPA–R10–OAR–2008–0130. The required by the FARR for delegation. A 553(d)(3). delegation agreement and other docket copy of all documentation is on file at materials are available electronically at EPA Region 10, Seattle, Washington (see IV. Statutory and Executive Order EPA’s electronic public docket and ADDRESSES above). Reviews comment system, found at The Quinault Indian Nation requested Under Executive Order 12866 (58 FR www.regulations.gov or in hard copy delegation for the following provisions; 51735, October 4, 1993), this action is from Steve Body, Office of Air Waste 40 CFR 49.10590 (a) General provisions, not a ‘‘significant regulatory action’’ and and Toxics, AWT–107, EPA Region 10, 40 CFR 49.10586 (b) Rule for limiting therefore is not subject to review by the Suite 900, 1200 Sixth Avenue, Seattle, visible emissions, 40 CFR 49.10586 (g) Office of Management and Budget. For
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this reason, this action is also not not have substantial direct effects on the Dated: March 14, 2008. subject to Executive Order 13211, states, on the relationship between the Elin D. Miller, ‘‘Actions Concerning Regulations That national government and the states, or Regional Administrator, Region 10. Significantly Affect Energy Supply, on the distribution of power and I Chapter I, title 40 of the Code of Distribution, or Use’’ (66 FR 28355, May responsibilities among the various Federal Regulations is amended as 22, 2001). This action merely makes a levels of government, as specified in follows: technical amendment and gives notice Executive Order 13132 (64 FR 43255, of a partial delegation of administrative August 10, 1999). This technical PART 49—[AMENDED] authority. Accordingly, the amendment merely notes that partial Administrator certifies that this rule delegation of administrative authority to I 1. The authority citation for part 49 will not have a significant economic the Quinault Indian Nation is in effect. continues to read as follows: impact on a substantial number of small This rule also is not subject to Executive Authority: 42 U.S.C. 7401 et seq. entities under the Regulatory Flexibility Order 13045, ‘‘Protection of Children Act (5 U.S.C. 601 et seq.). This rule does from Environmental Health Risks and Subpart M—[Amended] not contain any unfunded mandate or Safety Risks’’ (62 FR 19885, April 23, I significantly or uniquely affect small 1997), because it is not economically 2. Section 49.10590 is amended by governments, as described in the significant. adding a note to the end of the section Unfunded Mandates Reform Act of 1995 This action does not involve technical to read as follows: (Pub. L. 104–4). standards; thus, the requirements of § 49.10590 Federally-promulgated Executive Order 13175, entitled section 12(d) of the National regulations and Federal implementation ‘‘Consultation and Coordination with Technology Transfer and Advancement plans. Indian Tribal Governments’’ (65 FR Act of 1995 (15 U.S.C. 272 note) do not * * * * * 67249, November 6, 2000), requires EPA apply. This rule does not impose an to develop an accountable process to information collection burden under the Note to § 49.10590: EPA entered into a ensure ‘‘meaningful and timely input by provisions of the Paperwork Reduction Partial Delegation of Administrative Authority with the Quinault Indian Nation tribal officials in the development of Act of 1995 (44 U.S.C. 3501 et seq.). The on October 4, 2007 for the rules listed in regulatory policies that have tribal Congressional Review Act, 5 U.S.C. 801 paragraphs (b), (g), and (i) of this section. implications.’’ ‘‘Policies that have tribal et seq., as added by the Small Business implications’’ is defined in the Regulatory Enforcement Fairness Act of [FR Doc. E8–6669 Filed 4–2–08; 8:45 am] Executive Order to include regulations 1996, generally provides that before a BILLING CODE 6560–50–P that have ‘‘substantial direct effects on rule may take effect, the agency one or more Indian tribes, on the promulgating the rule must submit a relationship between the Federal rule report, which includes a copy of ENVIRONMENTAL PROTECTION government and the Indian tribes, or on the rule, to each House of the Congress AGENCY the distribution of power and and to the Comptroller General of the responsibilities between the Federal United States. EPA will submit a report 40 CFR Parts 60 and 61 government and Indian tribes.’’ Under containing this rule and other required [AZ and NV–EPA–R09–OAR–2006–1014; section 5(b) of Executive Order 13175, information to the U.S. Senate, the U.S. FRL–8551–1] EPA may not issue a regulation that has House of Representatives, and the tribal implications, that imposes Comptroller General of the United Delegation of New Source substantial direct compliance costs, and States prior to publication of the rule in Performance Standards and National that is not required by statute, unless the Federal Register. A major rule Emission Standards for Hazardous Air the Federal government provides the cannot take effect until 60 days after it Pollutants for the States of Arizona funds necessary to pay the direct is published in the Federal Register. and Nevada compliance costs incurred by tribal This action is not a ‘‘major rule’’ as AGENCY: Environmental Protection governments, or EPA consults with defined by 5 U.S.C. 804(2). Agency (EPA). tribal officials early in the process of Under section 307(b)(1) of the Clean ACTION: developing the proposed regulation. Air Act, petitions for judicial review of Final rule. Under section 5(c) of Executive Order this action must be filed in the United SUMMARY: EPA is updating the Code of 13175, EPA may not issue a regulation States Court of Appeals for the Federal Regulations (CFR) delegation that has tribal implications and that appropriate circuit by June 2, 2008. tables to reflect the current delegation preempts tribal law, unless the Agency Filing a petition for reconsideration by status of the New Source Performance consults with tribal officials early in the the Administrator of this final rule does Standards (NSPS) and National process of developing the regulation. not affect the finality of this rule for the Emission Standards for Hazardous Air EPA has concluded that this rule may purposes of judicial review nor does it Pollutants (NESHAPs) in Arizona and have tribal implications. EPA’s action extend the time within which a petition Nevada. These updates were proposed fulfills a requirement to publish a notice for judicial review may be filed, and in the Federal Register on June 21, announcing partial delegation of shall not postpone the effectiveness of 2007. administrative authority to the Quinault such rule or action. This action may not Indian Nation and noting the partial be challenged later in proceedings to DATES: Effective Date: This rule is delegation in the CFR. However, it will enforce its requirements. (See section effective on May 5, 2008. neither impose substantial direct 307(b)(2)). ADDRESSES: EPA established docket compliance costs on tribal governments, number EPA–R09–OAR–2006–1014 for nor preempt tribal law. Thus, the List of Subjects in 40 CFR Part 49 this action. The index to the docket is requirements of sections 5(b) and 5(c) of Environmental protection, available electronically at http:// the Executive Order do not apply to this Administrative practice and procedure, www.regulations.gov and in hard copy rule. Air pollution control, Indians, at EPA, Region IX, 75 Hawthorne Street, This action also does not have Intergovernmental relations, Reporting San Francisco, California. While all Federalism implications because it does and recordkeeping requirements. documents in the docket are listed in
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the index, some information may be III. EPA Action Risks’’ (62 FR 19885, April 23, 1997), publicly available only at the hard copy No comments were submitted that because it approves a state or local rule location (e.g., copyrighted material), and change our assessment of the implementing a federal standard. In reviewing state or local delegation some may not be publicly available in delegations as described in our submissions, our role is to approve state either location (e.g., confidential proposed action. Therefore, as or local choices, provided that they business information). To inspect the authorized in Sections 111(c)(1) and meet the criteria of the Clean Air Act. hard copy materials, please schedule an 112(l)(1) of the Clean Air Act, EPA is In this context, in the absence of a prior appointment during normal business updating the CFR tables for Arizona and existing requirement for the State or hours with the contact listed in the FOR Nevada as proposed in the Federal local government to use voluntary FURTHER INFORMATION CONTACT section. Register on June 21, 2007. consensus standards (VCS), EPA has no FOR FURTHER INFORMATION CONTACT: IV. Statutory and Executive Order authority to disapprove state or local Cynthia G. Allen, EPA Region IX, (415) Reviews submissions for failure to use VCS. It 947–4120, [email protected]. Under Executive Order 12866 (58 FR would thus be inconsistent with SUPPLEMENTARY INFORMATION: 51735, October 4, 1993), this action is applicable law for EPA, when it reviews Throughout this document, ‘‘we,’’ ‘‘us’’ a state or local submission, to use VCS not a ‘‘significant regulatory action’’ and and ‘‘our’’ refer to EPA. in place of a state or local submission therefore is not subject to review by the that otherwise satisfies the provisions of Table of Contents Office of Management and Budget. For the Clean Air Act. Thus, the this reason, this action is also not I. Background requirements of Section 12(d) of the II. Public Comment and EPA Response subject to Executive Order 13211, National Technology Transfer and III. EPA Action ‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. IV. Statutory and Executive Order Reviews Significantly Affect Energy Supply, 272 note) do not apply. This rule does Distribution, or Use’’ (66 FR 28355, May I. Background not impose an information collection 22, 2001). This action merely updates On June 21, 2007, EPA proposed to burden under the provisions of the the list of approved delegations in the Paperwork Reduction Act of 1995 (44 update the delegation tables in the Code Code of Federal Regulations and of Federal Regulations, Title 40 (40 CFR) U.S.C. 3501 et seq.). imposes no additional requirements. The Congressional Review Act, 5 Parts 60 and 61, to allow easier access Accordingly, the Administrator certifies by the public to the status of delegations U.S.C. 801 et seq., as added by the Small that this rule will not have a significant Business Regulatory Enforcement in Arizona and Nevada jurisdictions economic impact on a substantial Fairness Act of 1996, generally provides (see 72 FR 34209). The updated number of small entities under the that before a rule may take effect, the delegation tables include the Regulatory Flexibility Act (5 U.S.C. 601 agency promulgating the rule must delegations approved in response to et seq.). Because this rule does not submit a rule report, which includes a recent requests, as well as those impose any additional enforceable duty copy of the rule, to each House of the previously granted. The tables are beyond that required by state or local Congress and to the Comptroller General shown at the end of this document. law, it does not contain any unfunded of the United States. EPA will submit a II. Public Comment and EPA Response mandate or significantly or uniquely report containing this rule and other affect small governments, as described required information to the U.S. Senate, EPA’s proposed action provided a 30- in the Unfunded Mandates Reform Act the U.S. House of Representatives, and day public comment period. During this of 1995 (Pub. L. 104–4). the Comptroller General of the United period, we received one comment from This rule also does not have tribal States prior to publication of the rule in the State of Nevada’s Division of implications because it will not have a the Federal Register. A major rule Environmental Protection (NDEP). substantial direct effect on one or more cannot take effect until 60 days after it NDEP noted that it requested delegation Indian tribes, on the relationship is published in the Federal Register. of Appendix B, Performance between the Federal Government and This action is not a ‘‘major rule’’ as Specifications, of 40 CFR Part 60 Indian tribes, or on the distribution of defined by 5 U.S.C. 804(2). (Appendix B), and that EPA approved power and responsibilities between the Under Section 307(b)(1) of the Clean this request by letter dated January 12, Federal Government and Indian tribes, Air Act, petitions for judicial review of 2007. However, EPA’s proposed as specified by Executive Order 13175 this action must be filed in the United rulemaking did not include Appendix B (65 FR 67249, November 9, 2000). This States Court of Appeals for the in the ‘‘Delegation Status for NSPS for action also does not have Federalism appropriate circuit by June 2, 2008. Nevada’’ table. NDEP requested that implications because it does not have Filing a petition for reconsideration by EPA add Appendix B to Nevada’s NSPS substantial direct effects on the States, the Administrator of this final rule does delegation status table. on the relationship between the national not affect the finality of this rule for the Appendix B was included in our government and the States, or on the purposes of judicial review nor does it approval letter of January 12, 2007 in distribution of power and extend the time within which a petition error. Appendices to 40 CFR Parts 60 responsibilities among the various for judicial review may be filed, and and 61 are not performance standards levels of government, as specified in shall not postpone the effectiveness of and are not delegable under Clean Air Executive Order 13132 (64 FR 43255, such rule or action. This action may not Act Sections 111(c)(1) or 112(l)(1). August 10, 1999). This action merely be challenged later in proceedings to However, all applicable test methods updates the list of already-approved enforce its requirements (see Section and other requirements in the delegations, and does not alter the 307(b)(2)) of the Clean Air Act. Appendices must be followed as relationship or the distribution of power required by the delegated subparts (see and responsibilities established in the List of Subjects in 40 CFR Parts 60 and EPA’s proposed rule published on Clean Air Act. This rule also is not 61 January 14, 2002 (67 FR 1676) and subject to Executive Order 13045 Environmental protection, subsequent final rule published on ‘‘Protection of Children from Administrative practice and procedure, April 26, 2002 (67 FR 20652)). Environmental Health Risks and Safety Air pollution control, Hazardous
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substances, Intergovernmental relations, and 61 of the Code of Federal Subpart A—General Provisions Reporting and recordkeeping Regulations is amended as follows: requirements. I 2. Section 60.4 is amended by revising Authority: This action is issued under the PART 60—[AMENDED] paragraphs (d)(1) and (d)(4) to read as authority of Sections 111 and 112 of the follows: Clean Air Act, as amended (42 U.S.C. 7411 I 1. The authority citation for Part 60 and 7412). continues to read as follows: § 60.4 Address. Dated: March 19, 2008. Authority: 42 U.S.C. 7401 et seq. * * * * * Andrew Steckel, (d) * * * Acting Director, Air Division, Region IX. (1) Arizona. The following table I For the reasons set out in the identifies delegations as of May 18, preamble, Title 40, Chapter I, Parts 60 2006:
DELEGATION STATUS FOR NEW SOURCE PERFORMANCE STANDARDS FOR ARIZONA
Air pollution control agency Subpart Arizona Maricopa Pima Pinal DEQ County County County
A ...... General Provisions ...... X X X X D ...... Fossil-Fuel Fired Steam Generators Constructed After August 17, 1971 ...... X X X X Da ...... Electric Utility Steam Generating Units Constructed After September 18, 1978 X X X X Db ...... Industrial-Commercial-Institutional Steam Generating Units ...... X X X X Dc ...... Small Industrial Steam Generating Units ...... X X X X E ...... Incinerators ...... X X X X Ea ...... Municipal Waste Combustors Constructed After December 20, 1989 and On X X X X or Before September 20, 1994. Eb ...... Municipal Waste Combustors Constructed After September 20, 1994 ...... X X X ...... Ec ...... Hospital/Medical/Infectious Waste Incinerators for Which Construction is Com- ...... X X ...... menced After June 20, 1996. F ...... Portland Cement Plants ...... X X X X G ...... Nitric Acid Plants ...... X X X X H ...... Sulfuric Acid Plant ...... X X X X I ...... Hot Mix Asphalt Facilities ...... X X X X J ...... Petroleum Refineries ...... X X X X K ...... Storage Vessels for Petroleum Liquids for Which Construction, Reconstruc- X X X X tion, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978. Ka ...... Storage Vessels for Petroleum Liquids for Which Construction, Reconstruc- X X X X tion, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984. Kb ...... Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage X X X X Vessels) for Which Construction, Reconstruction, or Modification Com- menced After July 23, 1984. L ...... Secondary Lead Smelters ...... X X X X M ...... Secondary Brass and Bronze Production Plants ...... X X X X N ...... Primary Emissions from Basic Oxygen Process Furnaces for Which Construc- X X X X tion is Commenced After June 11, 1973. Na ...... Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for X X X X Which Construction is Commenced After January 20, 1983. O ...... Sewage Treatment Plants ...... X X X X P ...... Primary Copper Smelters ...... X X X X Q ...... Primary Zinc Smelters ...... X X X X R ...... Primary Lead Smelters ...... X X X X S ...... Primary Aluminum Reduction Plants ...... X X X X T ...... Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants ...... X X X X U ...... Phosphate Fertilizer Industry: Superphosphoric Acid Plants ...... X X X X V ...... Phosphate Fertilizer Industry: Diammonium Phosphate Plants ...... X X X X W ...... Phosphate Fertilizer Industry: Triple Superphosphate Plants ...... X X X X X ...... Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facili- X X X X ties. Y ...... Coal Preparation Plants ...... X X X X Z ...... Ferroalloy Production Facilities ...... X X X X AA ...... Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and X X X X On or Before August 17, 1983. AAa ...... Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Ves- X X X X sels Constructed After August 7, 1983. BB ...... Kraft Pulp Mills ...... X X X X CC ...... Glass Manufacturing Plants ...... X X X X DD ...... Grain Elevators ...... X X X X EE ...... Surface Coating of Metal Furniture ...... X X X X FF ...... (Reserved) ...... GG ...... Stationary Gas Turbines ...... X X X X
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DELEGATION STATUS FOR NEW SOURCE PERFORMANCE STANDARDS FOR ARIZONA—Continued
Air pollution control agency Subpart Arizona Maricopa Pima Pinal DEQ County County County
HH ...... Lime Manufacturing Plants...... X X X X KK ...... Lead-Acid Battery Manufacturing Plants ...... X X X X LL ...... Metallic Mineral Processing Plants ...... X X X X MM ...... Automobile and Light Duty Trucks Surface Coating Operations ...... X X X X NN ...... Phosphate Rock Plants ...... X X X X PP ...... Ammonium Sulfate Manufacture...... X X X X QQ ...... Graphic Arts Industry: Publication Rotogravure Printing ...... X X X X RR ...... Pressure Sensitive Tape and Label Surface Coating Operations ...... X X X X SS ...... Industrial Surface Coating: Large Appliances ...... X X X X TT ...... Metal Coil Surface Coating ...... X X X X UU ...... Asphalt Processing and Asphalt Roofing Manufacture ...... X X X X VV ...... Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing X X X X Industry. WW ...... Beverage Can Surface Coating Industry ...... X X X X XX ...... Bulk Gasoline Terminals ...... X X X X AAA ...... New Residential Wool Heaters ...... X X X X BBB ...... Rubber Tire Manufacturing Industry ...... X X X X CCC ...... (Reserved) ...... DDD ...... Volatile Organic Compounds (VOC) Emissions from the Polymer Manufac- X X X X turing Industry. EEE ...... (Reserved) ...... FFF ...... Flexible Vinyl and Urethane Coating and Printing ...... X X X X GGG ...... Equipment Leaks of VOC in Petroleum Refineries ...... X X X X HHH ...... Synthetic Fiber Production Facilities ...... X X X X III ...... Volatile Organic Compound (VOC) Emissions From the Synthetic Organic X X X X Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes. JJJ ...... Petroleum Dry Cleaners ...... X X X X KKK ...... Equipment Leaks of VOC From Onshore Natural Gas Processing Plants ...... X X X X LLL ...... Onshore Natural Gas Processing: SO2 Emissions ...... X X X X MMM ...... (Reserved) ...... NNN ...... Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chem- X X X X ical Manufacturing Industry (SOCMI) Distillation Operations. OOO ...... Nonmetallic Mineral Processing Plants ...... X X X X PPP ...... Wool Fiberglass Insulation Manufacturing Plants ...... X X X X QQQ ...... VOC Emissions From Petroleum Refinery Wastewater Systems ...... X X X X RRR ...... Volatile Organic Compound Emissions from Synthetic Organic Chemical Man- ...... X X ...... ufacturing Industry (SOCMI) Reactor Processes. SSS ...... Magnetic Tape Coating Facilities ...... X X X X TTT ...... Industrial Surface Coating: Surface Coating of Plastic Parts for Business Ma- X X X X chines. UUU ...... Calciners and Dryers in Mineral Industries ...... X X X ...... VVV ...... Polymeric Coating of Supporting Substrates Facilities ...... X X X X WWW ..... Municipal Solid Waste Landfills ...... X X X ...... AAAA ..... Small Municipal Waste Combustion Units for Which Construction is Com- X X ...... menced After August 30, 1999 or for Which Modification or Reconstruction is Commended After June 6, 2001. CCCC .... Commercial and Industrial Solid Waste Incineration Units for Which Construc- X X ...... tion Is Commenced After November 30, 1999 or for Which Modification or Reconstruction Is Commenced on or After June 1, 2001. EEEE ..... Other Solid Waste Incineration Units for Which Construction is Commenced ...... After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006. KKKK ..... Stationary Combustion Turbines ...... GGGG .... (Reserved) ......
* * * * * (4) Nevada. The following table identifies delegations as of January 12, 2007:
DELEGATION STATUS FOR NEW SOURCE PERFORMANCE STANDARDS FOR NEVADA
Air pollution control agency Subpart Nevada Clark Washoe DEP County County
A ...... General Provisions ...... X X X
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DELEGATION STATUS FOR NEW SOURCE PERFORMANCE STANDARDS FOR NEVADA—Continued
Air pollution control agency Subpart Nevada Clark Washoe DEP County County
D ...... Fossil-Fuel Fired Steam Generators Constructed After August 17, 1971 ...... X X X Da ...... Electric Utility Steam Generating Units Constructed After September 18, 1978 ...... X ...... Db ...... Industrial-Commercial-Institutional Steam Generating Units ...... X ...... Dc ...... Small Industrial Steam Generating Units ...... X ...... E ...... Incinerators ...... X X X Ea ...... Municipal Waste Combustors Constructed After December 20, 1989 and On or Before Sep- X ...... tember 20, 1994. Eb ...... Municipal Waste Combustors Constructed After September 20, 1994 ...... X ...... Ec ...... Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After X ...... June 20, 1996. F ...... Portland Cement Plants ...... X X X G ...... Nitric Acid Plants ...... X ...... X H ...... Sulfuric Acid Plants ...... X ...... X I ...... Hot Mix Asphalt Facilities ...... X X X J ...... Petroleum Refineries ...... X ...... X K ...... Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modifica- X X X tion Commenced After June 11, 1973, and Prior to May 19, 1978. Ka ...... Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modifica- X X X tion Commenced After May 18, 1978, and Prior to July 23, 1984. Kb ...... Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for X ...... Which Construction, Reconstruction, or Modification Commenced After July 23, 1984. L ...... Secondary Lead Smelters ...... X X X M ...... Secondary Brass and Bronze Production Plants ...... X ...... X N ...... Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Com- X ...... X menced After June 11, 1973. Na ...... Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Con- X ...... struction is Commenced After January 20, 1983. O ...... Sewage Treatment Plants ...... X X X P ...... Primary Copper Smelters ...... X X X Q ...... Primary Zinc Smelters ...... X X X R ...... Primary Lead Smelters ...... X X X S ...... Primary Aluminum Reduction Plants ...... X ...... X T ...... Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants ...... X ...... X U ...... Phosphate Fertilizer Industry: Superphosphoric Acid Plants ...... X ...... X V ...... Phosphate Fertilizer Industry: Diammonium Phosphate Plants ...... X ...... X W ...... Phosphate Fertilizer Industry: Triple Superphosphate Plants ...... X ...... X X ...... Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities ...... X ...... X Y ...... Coal Preparation Plants ...... X X X Z ...... Ferroalloy Production Facilities ...... X ...... X AA ...... Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before X ...... X August 17, 1983. AAa ...... Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Con- X ...... structed After August 7, 1983. BB ...... Kraft pulp Mills ...... X ...... X CC ...... Glass Manufacturing Plants ...... X ...... X DD ...... Grain Elevators ...... X X X EE ...... Surface Coating of Metal Furniture ...... X X X FF ...... (Reserved) ...... GG ...... Stationary Gas Turbines ...... X X X HH ...... Lime Manufacturing Plants ...... X X X KK ...... Lead-Acid Battery Manufacturing Plants ...... X X X LL ...... Metallic Mineral Processing Plants ...... X X X MM ...... Automobile and Light Duty Trucks Surface Coating Operations ...... X X X NN ...... Phosphate Rock Plants ...... X X X PP ...... Ammonium Sulfate Manufacture ...... X ...... X QQ ...... Graphic Arts Industry: Publication Rotogravure Printing ...... X X X RR ...... Pressure Sensitive Tape and Label Surface Coating Operations ...... X ...... X SS ...... Industrial Surface Coating: Large Appliances ...... X X X TT ...... Metal Coil Surface Coating ...... X X X UU ...... Asphalt Processing and Asphalt Roofing Manufacture ...... X X X VV ...... Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry ...... X X X WW ...... Beverage Can Surface Coating Industry ...... X ...... X XX ...... Bulk Gasoline Terminals ...... X ...... X AAA ...... New Residential Wool Heaters ...... BBB ...... Rubber Tire Manufacturing Industry ...... X ...... CCC ...... (Reserved) ...... DDD ...... Volatile Organic Compounds (VOC) Emissions from the Polymer Manufacturing Industry .... X ...... EEE ...... (Reserved) ...... FFF ...... Flexible Vinyl and Urethane Coating and Printing ...... X ...... X
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DELEGATION STATUS FOR NEW SOURCE PERFORMANCE STANDARDS FOR NEVADA—Continued
Air pollution control agency Subpart Nevada Clark Washoe DEP County County
GGG ...... Equipment Leaks of VOC in Petroleum Refineries ...... X ...... X HHH ...... Synthetic Fiber Production Facilities ...... X ...... X III ...... Volatile Organic Compound (VOC) Emissions From the Synthetic Organic Chemical Manu- X ...... facturing Industry (SOCMI) Air Oxidation Unit Processes. JJJ ...... Petroleum Dry Cleaners ...... X X X KKK ...... Equipment Leaks of VOC From Onshore Natural Gas Processing Plants ...... X ...... LLL ...... Onshore Natural Gas Processing: SO2 Emissions ...... X ...... MMM ...... (Reserved) ...... NNN ...... Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufac- X ...... turing Industry (SOCMI) Distillation Operations. OOO ...... Nonmetallic Mineral Processing Plants ...... X ...... X PPP ...... Wool Fiberglass Insulation Manufacturing Plants ...... X ...... X QQQ ...... VOC Emissions From Petroleum Refinery Wastewater Systems ...... X ...... RRR ...... Volatile Organic Compound Emissions from Synthetic Organic Chemical Manufacturing In- ...... dustry (SOCMI) Reactor Processes. SSS ...... Magnetic Tape Coating Facilities ...... X ...... TTT ...... Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines ...... X ...... UUU ...... Calciners and Dryers in Mineral Industries ...... X ...... VVV ...... Polymeric Coating of Supporting Substrates Facilities ...... X ...... WWW ..... Municipal Solid Waste Landfills ...... X ...... AAAA ...... Small Municipal Waste Combustion Units for Which Construction is Commenced After Au- X ...... gust 30, 1999 or for Which Modification or Reconstruction is Commended After June 6, 2001. CCCC ..... Commercial and Industrial Solid Waste Incineration Units for Which Construction Is Com- X ...... menced After November 30, 1999 or for Which Modification or Reconstruction Is Com- menced on or After June 1, 2001. EEEE ...... Other Solid Waste Incineration Units for Which Construction is Commenced After Decem- X ...... ber 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006. KKKK ...... Stationary Combustion Turbines ...... X ...... GGGG .... (Reserved) ......
* * * * * Subpart A—General Provisions § 61.04 Address. * * * * * PART 61—[AMENDED] I 4. Section 61.04 is amended by (c) * * * revising paragraphs (c)(9)(i) and (9) * * * I 3. The authority citation for part 61 (c)(9)(iv) to read as follows: (i) Arizona. The following table continues to read as follows: identifies delegations as of June 14, Authority: 42 U.S.C. 7401 et seq. 2006:
DELEGATION STATUS FOR NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ARIZONA
Air pollution control agency Subpart Arizona Maricopa Pima Pinal DEQ County County County
A ...... General Provisions ...... X X X X B ...... Radon Emissions From Underground Uranium ...... C ...... Beryllium ...... X X X X D ...... Beryllium Rocket Motor Firing ...... X X X X E ...... Mercury ...... X X X X F ...... Vinyl Chloride ...... X X X X G ...... (Reserved) ...... H ...... Emissions of Radionuclides Other Than Radon From Department of Energy ...... Facilities. I ...... Radionuclide Emissions From Federal Facilities Other Than Nuclear Regu- ...... latory Commission Licensees and Not Covered by Subpart H. J ...... Equipment Leaks (Fugitive Emission Sources) of Benzene ...... X X X K ...... Radionuclide Emissions From Elemental Phosphorus Plants ...... L ...... Benzene Emissions from Coke By-Product Recovery Plants ...... X X X X M ...... Asbestos ...... X X X X N ...... Inorganic Arsenic Emissions From Glass Manufacturing Plants ...... X ...... O ...... Inorganic Arsenic Emissions From Primary Copper Smelters ...... X ...... P ...... Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Pro- X X ...... duction Facilities. Q ...... Radon Emissions From Department of Energy Facilities ......
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DELEGATION STATUS FOR NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR ARIZONA— Continued
Air pollution control agency Subpart Arizona Maricopa Pima Pinal DEQ County County County
R ...... Radon Emissions From Phosphogypsum Stacks ...... S ...... (Reserved) ...... T ...... Radon Emissions From the Disposal of Uranium Mill Tailings ...... U ...... (Reserved) ...... V ...... Equipment Leaks (Fugitive Emission Sources) ...... X X X X W ...... Radon Emissions From Operating Mill Tailings ...... X ...... (Reserved) ...... Y ...... Benzene Emissions From Benzene Storage Vessels ...... X X X X Z–AA ...... (Reserved) ...... BB ...... Benzene Emissions From Benzene Transfer Operations ...... X X X X CC–EE ... (Reserved) ...... FF ...... Benzene Waste Operations ...... X X X X
* * * * * (iv) Nevada. The following table identifies delegations as of September 21, 2005:
DELEGATION STATUS FOR NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR NEVADA
Air pollution control agency Subpart Nevada Clark Washoe DEP County County
A ...... General Provisions ...... X X ...... B ...... Radon Emissions From Underground Uranium ...... C ...... Beryllium ...... X X X D ...... Beryllium Rocket Motor Firing ...... X X ...... E ...... Mercury ...... X X ...... F ...... Vinyl Chloride ...... X X ...... G ...... (Reserved) ...... H ...... Emissions of Radionuclides Other Than Radon From Department of Energy Facilities ...... X ...... I ...... Radionuclide Emissions From Federal Facilities Other Than Nuclear Regulatory Commis- X ...... sion Licensees and Not Covered by Subpart H. J ...... Equipment Leaks (Fugitive Emission Sources) of Benzene ...... X ...... K ...... Radionuclide Emissions From Elemental Phosphorus Plants ...... X ...... L ...... Benzene Emissions from Coke By-Product Recovery Plants ...... X ...... M ...... Asbestos ...... X X N ...... Inorganic Arsenic Emissions From Glass Manufacturing Plants ...... X ...... O ...... Inorganic Arsenic Emissions From Primary Copper Smelters ...... X ...... P ...... Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facili- X ...... ties. Q ...... Radon Emissions From Department of Energy Facilities ...... R ...... Radon Emissions From Phosphogypsum Stacks ...... S ...... (Reserved) ...... T ...... Radon Emissions From the Disposal of Uranium Mill Tailings ...... U ...... (Reserved) ...... V ...... Equipment Leaks (Fugitive Emission Sources) ...... X ...... W ...... Radon Emissions From Operating Mill Tailings ...... X ...... (Reserved) ...... Y ...... Benzene Emissions from Benzene Storage Vessels ...... X ...... Z–AA ...... (Reserved) ...... BB ...... Benzene Emissions From Benzene Transfer Operations ...... X ...... CC–EE ... (Reserved) ...... FF ...... Benzene Waste Operations ...... X ......
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* * * * * mail directly to EPA, your e-mail would no longer need to resubmit a [FR Doc. E8–6915 Filed 4–2–08; 8:45 am] address will be automatically captured demonstration of these same authorities BILLING CODE 6560–50–P and included as part of the public and resources for every subsequent comment. If EPA cannot read your request for delegation of CAA section comment due to technical difficulties 112 standards. However, EPA maintains ENVIRONMENTAL PROTECTION and cannot contact you for clarification, the authority to withdraw its approval if AGENCY EPA may not be able to consider your the State does not adequately comment. implement or enforce an approved rule 40 CFR Part 63 Docket: The index to the docket for or program. this action is available electronically at [EPA–R09–OAR–2008–0229; FRL–8550–9] B. NDEP Delegations http://www.regulations.gov and in hard Delegation of National Emission copy at EPA Region IX, 75 Hawthorne On May 27, 1998, EPA published a Standards for Hazardous Air Pollutants Street, San Francisco, California. While direct final action delegating to the for Source Categories; State of all documents in the docket are listed in Nevada Division of Environmental Nevada, Nevada Division of the index, some information may be Protection (NDEP) several NESHAP and Environmental Protection publicly available only at the hard copy approving NDEP’s delegation location (e.g., copyrighted material), and mechanism for future standards (see 63 AGENCY: Environmental Protection some may not be publicly available in FR 28906). That action explained the Agency (EPA). either location (e.g., CBI). To inspect the procedure for EPA to grant delegations ACTION: Direct final rule. hard copy materials, please schedule an to NDEP by letter, with periodic Federal Register listings of standards that have SUMMARY: EPA is amending certain appointment during normal business regulations to reflect the current hours with the contact listed in the FOR been delegated. On November 1, 2007, delegation status of national emission FURTHER INFORMATION CONTACT section. NDEP requested delegation of the standards for hazardous air pollutants FOR FURTHER INFORMATION CONTACT: Mae following NESHAP contained in 40 CFR (NESHAP) in Nevada. Several NESHAP Wang, EPA Region IX, (415) 947–4124, part 63: • Subpart IIII—NESHAP: Surface were delegated to the Nevada Division [email protected]. Coating of Automobiles and Light-Duty of Environmental Protection on SUPPLEMENTARY INFORMATION: Trucks December 4, 2007. The purpose of this Throughout this document, ‘‘we,’’ ‘‘us’’ • Subpart PPPP—NESHAP for action is to update the listing in the and ‘‘our’’ refer to EPA. Surface Coating of Plastic Parts and Code of Federal Regulations. Table of Contents Products DATES: This rule is effective on June 2, • Subpart GGGGG—NESHAP: Site I. Background 2008 without further notice, unless EPA Remediation receives adverse comments by May 5, A. Delegation of NESHAP • B. NDEP delegations Subpart HHHHH—NESHAP: 2008. If we receive such comments, we Miscellaneous Coating Manufacturing will publish a timely withdrawal in the II. EPA Action • III. Statutory and Executive Order Reviews Subpart DDDDDD—NESHAP for Federal Register to notify the public Polyvinyl Chloride and Copolymers that this direct final rule will not take I. Background Production Area Sources • effect. A. Delegation of NESHAP Subpart EEEEEE—NESHAP for ADDRESSES: Submit comments, Primary Copper Smelting Area Sources identified by docket number EPA–R09– Section 112(l) of the Clean Air Act, as • Subpart FFFFFF—NESHAP for OAR–2008–0229, by one of the amended in 1990 (CAA), authorizes Secondary Copper Smelting Area following methods: EPA to delegate to state or local air Sources 1. Federal eRulemaking Portal: pollution control agencies the authority • Subpart GGGGGG—NESHAP for http://www.regulations.gov. Follow the to implement and enforce the standards Primary Nonferrous Metals Area on-line instructions. set out in the Code of Federal Sources—Zinc, Cadmium, and 2. E-mail: [email protected]. Regulations, Title 40 (40 CFR), part 63, Beryllium 3. Mail or delivery: Andrew Steckel National Emission Standards for On December 4, 2007, EPA granted (AIR–4), U.S. Environmental Protection Hazardous Air Pollutants for Source delegation to NDEP for these NESHAP, Agency Region IX, 75 Hawthorne Street, Categories. On November 26, 1993, EPA along with any amendments to San Francisco, CA 94105–3901. promulgated regulations, codified at 40 previously-delegated NESHAP, as of Instructions: All comments will be CFR part 63, Subpart E (hereinafter July 1, 2007. Today’s action is serving included in the public docket without referred to as ‘‘Subpart E’’), establishing to notify the public of the December 4, change and may be made available procedures for EPA’s approval of state 2007, delegations and to codify these online at http://www.regulations.gov, rules or programs under section 112(l) delegations into the Code of Federal including any personal information (see 58 FR 62262). Subpart E was later Regulations. provided, unless the comment includes amended on September 14, 2000 (see 65 Confidential Business Information (CBI) FR 55810). II. EPA Action or other information whose disclosure is Any request for approval under CAA Today’s document serves to notify the restricted by statute. Information that section 112(l) must meet the approval public of the delegation of NESHAP to you consider CBI or otherwise protected criteria in 112(l)(5) and Subpart E. To NDEP on December 4, 2007. Today’s should be clearly identified as such and streamline the approval process for action will codify these delegations into should not be submitted through future applications, a state or local the Code of Federal Regulations. http://www.regulations.gov or e-mail. agency may submit a one-time http://www.regulations.gov is an demonstration that it has adequate III. Statutory and Executive Order ‘‘anonymous access’’ system, and EPA authorities and resources to implement Reviews will not know your identity or contact and enforce any CAA section 112 Under Executive Order 12866 (58 FR information unless you provide it in the standards. If such demonstration is 51735, October 4, 1993), this action is body of your comment. If you send e- approved, then the state or local agency not a ‘‘significant regulatory action’’ and
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therefore is not subject to review by the April 23, 1997), because it approves a not affect the finality of this rule for the Office of Management and Budget. For state rule implementing a federal purposes of judicial review nor does it this reason, this action is also not standard. extend the time within which a petition subject to Executive Order 13211, In reviewing state delegation for judicial review may be filed, and ‘‘Actions Concerning Regulations That submissions, our role is to approve state shall not postpone the effectiveness of Significantly Affect Energy Supply, choices, provided that they meet the such rule or action. This action may not Distribution, or Use’’ (66 FR 28355, May criteria of the CAA. In this context, in be challenged later in proceedings to 22, 2001). This action merely updates the absence of a prior existing enforce its requirements (see section the list of approved delegations in the requirement for the State to use 307(b)(2)). Code of Federal Regulations and voluntary consensus standards (VCS), imposes no additional requirements. EPA has no authority to disapprove List of Subjects in 40 CFR Part 63 Accordingly, the Administrator certifies state submissions for failure to use VCS. Environmental protection, that this rule will not have a significant It would thus be inconsistent with Administrative practice and procedure, economic impact on a substantial applicable law for EPA, when it reviews Air pollution control, Hazardous number of small entities under the a state submission, to use VCS in place substances, Intergovernmental relations, Regulatory Flexibility Act (5 U.S.C. 601 of a state submission that otherwise Reporting and recordkeeping et seq.). Because this rule does not satisfies the provisions of the CAA. requirements. impose any additional enforceable duty Thus, the requirements of section 12(d) of the National Technology Transfer and Authority: This action is issued under the beyond that required by state law, it authority of Section 112 of the Clean Air Act, does not contain any unfunded mandate Advancement Act of 1995 (15 U.S.C. as amended, 42 U.S.C. 7412. or significantly or uniquely affect small 272 note) do not apply. This rule does governments, as described in the not impose an information collection Dated: March 19, 2008. Unfunded Mandates Reform Act of 1995 burden under the provisions of the Andrew Steckel, (Pub. L. 104–4). Paperwork Reduction Act of 1995 (44 Acting Director, Air Division, Region IX. This rule also does not have tribal U.S.C. 3501 et seq.). I Title 40, chapter I, part 63 of the Code implications because it will not have a The Congressional Review Act, 5 of Federal Regulations is amended as substantial direct effect on one or more U.S.C. 801 et seq., as added by the Small follows: Indian tribes, on the relationship Business Regulatory Enforcement between the Federal Government and Fairness Act of 1996, generally provides PART 63—[AMENDED] Indian tribes, or on the distribution of that before a rule may take effect, the power and responsibilities between the agency promulgating the rule must I 1. The authority citation for part 63 Federal Government and Indian tribes, submit a rule report, which includes a continues to read as follows: as specified by Executive Order 13175 copy of the rule, to each House of the Authority: 42 U.S.C. 7401, et seq. (65 FR 67249, November 9, 2000). This Congress and to the Comptroller General action also does not have Federalism of the United States. EPA will submit a Subpart E—Approval of State implications because it does not have report containing this rule and other Programs and Delegation of Federal substantial direct effects on the States, required information to the U.S. Senate, Authorities on the relationship between the national the U.S. House of Representatives, and government and the States, or on the the Comptroller General of the United I 2. Section 63.99 is amended by distribution of power and States prior to publication of the rule in revising paragraph (a)(28)(i) to read as responsibilities among the various the Federal Register. A major rule follows: levels of government, as specified in cannot take effect until 60 days after it § 63.99 Delegated Federal authorities. Executive Order 13132 (64 FR 43255, is published in the Federal Register. August 10, 1999). This action merely This action is not a ‘‘major rule’’ as (a) * * * updates the list of already-approved defined by 5 U.S.C. 804(2). (28) * * * delegations, and does not alter the Under section 307(b)(1) of the Clean (i) The following table lists the relationship or the distribution of power Air Act, petitions for judicial review of specific part 63 standards that have and responsibilities established in the this action must be filed in the United been delegated unchanged to the air CAA. This rule also is not subject to States Court of Appeals for the pollution control agencies in the State of Executive Order 13045 ‘‘Protection of appropriate circuit by June 2, 2008. Nevada. The (X) symbol is used to Children from Environmental Health Filing a petition for reconsideration by indicate each category that has been Risks and Safety Risks’’ (62 FR 19885, the Administrator of this final rule does delegated.
DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA
Subpart Description NDEP 1 WCAQMD 2 CCDAQM 3
A ...... General Provisions ...... X X ...... F ...... Synthetic Organic Chemical Manufacturing Industry ...... X ...... G ...... Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage X ...... Vessels, Transfer Operations, and Wastewater. H ...... Organic Hazardous Air Pollutants: Equipment Leaks ...... X ...... I ...... Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated X ...... Regulation for Equipment Leaks. J ...... Polyvinyl Chloride and Copolymers Production ...... X ...... L ...... Coke Oven Batteries ...... X ...... M ...... Perchloroethylene Dry Cleaning ...... X X ...... N ...... Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X X ...... O ...... Ethylene Oxide Sterilization Facilities ...... X X ...... Q ...... Industrial Process Cooling Towers ...... X ......
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DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA—Continued
Subpart Description NDEP 1 WCAQMD 2 CCDAQM 3
R ...... Gasoline Distribution Facilities ...... X X ...... S ...... Pulp and Paper ...... X ...... T ...... Halogenated Solvent Cleaning ...... X X ...... U ...... Group I Polymers and Resins ...... X ...... W ...... Epoxy Resins Production and Non-Nylon Polyamides Production ...... X ...... X ...... Secondary Lead Smelting ...... X ...... Y ...... Marine Tank Vessel Loading Operations ...... X ...... AA ...... Phosphoric Acid Manufacturing Plants ...... X ...... BB ...... Phosphate Fertilizers Production Plants ...... X ...... CC ...... Petroleum Refineries ...... X ...... DD ...... Off-Site Waste and Recovery Operations ...... X ...... EE ...... Magnetic Tape Manufacturing Operations ...... X ...... GG ...... Aerospace Manufacturing and Rework Facilities ...... X ...... HH ...... Oil and Natural Gas Production Facilities ...... X ...... II ...... Shipbuilding and Ship Repair (Surface Coating) ...... X ...... JJ ...... Wood Furniture Manufacturing Operations ...... X ...... KK ...... Printing and Publishing Industry ...... X X ...... LL ...... Primary Aluminum Reduction Plants ...... X ...... MM ...... Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand- X ...... Alone Semichemical Pulp Mills. OO ...... Tanks—Level 1 ...... X ...... PP ...... Containers ...... X ...... QQ ...... Surface Impoundments ...... X ...... RR ...... Individual Drain Systems ...... X ...... SS ...... Closed Vent Systems, Control Devices, Recovery Devices and Routing to a X ...... Fuel Gas System or a Process. TT ...... Equipment Leaks—Control Level 1 ...... X ...... UU ...... Equipment Leaks—Control Level 2 ...... X ...... VV ...... Oil-Water Separators and Organic-Water Separators ...... X ...... WW ...... Storage Vessels (Tanks)—Control Level 2 ...... X ...... XX ...... Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste X ...... Operations. YY ...... Generic MACT Standards ...... X ...... CCC ...... Steel Pickling ...... X ...... DDD ...... Mineral Wool Production ...... X ...... EEE ...... Hazardous Waste Combustors ...... X ...... GGG ...... Pharmaceuticals Production ...... X ...... HHH ...... Natural Gas Transmission and Storage Facilities ...... X ...... III ...... Flexible Polyurethane Foam Production ...... X ...... JJJ ...... Group IV Polymers and Resins ...... X ...... LLL ...... Portland Cement Manufacturing Industry ...... X ...... MMM ...... Pesticide Active Ingredient Production ...... X ...... NNN ...... Wool Fiberglass Manufacturing ...... X ...... OOO ...... Manufacture of Amino/Phenolic Resins ...... X ...... PPP ...... Polyether Polyols Production ...... X ...... QQQ ...... Primary Copper Smelting ...... X ...... RRR ...... Secondary Aluminum Production ...... X ...... TTT ...... Primary Lead Smelting ...... X ...... UUU ...... Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Re- X ...... covery Units. VVV ...... Publicly Owned Treatment Works ...... X ...... XXX ...... Ferroalloys Production ...... X ...... AAAA ...... Municipal Solid Waste Landfills ...... X ...... CCCC ...... Manufacturing of Nutritional Yeast ...... X ...... DDDD ...... Plywood and Composite Wood Products ...... X ...... EEEE ...... Organic Liquids Distribution (non-gasoline) ...... X ...... FFFF ...... Miscellaneous Organic Chemical Manufacturing ...... X ...... GGGG ...... Solvent Extraction for Vegetable Oil Production ...... X ...... HHHH ...... Wet-Formed Fiberglass Mat Production ...... X ...... IIII ...... Surface Coating of Automobiles and Light-Duty Trucks ...... X ...... JJJJ ...... Paper and Other Web Coating ...... X ...... KKKK ...... Surface Coating of Metal Cans ...... X ...... MMMM ..... Miscellaneous Metal Parts and Products ...... X ...... NNNN ...... Large Appliances ...... X ...... OOOO ...... Printing, Coating, and Dyeing of Fabrics and Other Textiles ...... X ...... PPPP ...... Surface Coating of Plastic Parts and Products ...... X ...... QQQQ ...... Wood Building Products ...... X ...... IRRRR ...... Surface Coating of Metal Furniture ...... X ...... SSSS ...... Surface Coating of Metal Coil ...... X ...... TTTT ...... Leather Finishing Operations ...... X ...... UUUU ...... Cellulose Products Manufacturing ...... X ...... VVVV ...... Boat Manufacturing ...... X ......
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DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA—Continued
Subpart Description NDEP 1 WCAQMD 2 CCDAQM 3
WWWW .... Reinforced Plastics Composites Production ...... X ...... XXXX ...... Tire Manufacturing ...... X ...... YYYY ...... Stationary Combustion Turbines ...... X ...... ZZZZ ...... Stationary Reciprocating Internal Combustion Engines ...... X ...... AAAAA ..... Lime Manufacturing Plants ...... X ...... BBBBB ..... Semiconductor Manufacturing ...... X ...... CCCCC .... Coke Oven: Pushing, Quenching and Battery Stacks ...... X ...... DDDDD .... Industrial, Commercial, and Institutional Boiler and Process Heaters ...... X ...... EEEEE ..... Iron and Steel Foundries ...... X ...... FFFFF ...... Integrated Iron and Steel ...... X ...... GGGGG ... Site Remediation ...... X ...... HHHHH .... Miscellaneous Coating Manufacturing ...... X ...... JJJJJ ...... Brick and Structural Clay Products Manufacturing ...... X ...... KKKKK ..... Clay Ceramics Manufacturing ...... X ...... LLLLL ...... Asphalt Roofing and Processing ...... X ...... MMMMM .. Flexible Polyurethane Foam Fabrication Operation ...... X ...... NNNNN .... Hydrochloric Acid Production ...... X ...... PPPPP ..... Engine Test Cells/Stands ...... X ...... QQQQQ ... Friction Products Manufacturing ...... X ...... SSSSS ..... Refractory Products Manufacturing ...... X ...... DDDDDD .. Polyvinyl Chloride and Copolymers Production Area Sources ...... X ...... EEEEEE ... Primary Copper Smelting Area Sources ...... X ...... FFFFFF .... Secondary Copper Smelting Area Sources ...... X ...... GGGGGG Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium ...... X ...... 1 Nevada Division of Environmental Protection. 2 Washoe County Air Quality Management Division. 3 Clark County Department of Air Quality Management.
* * * * * waste program will take effect. If we 2008–0256. Do not submit information [FR Doc. E8–6919 Filed 4–2–08; 8:45 am] receive comments that oppose this that you consider to be Confidential BILLING CODE 6560–50–P action, we will publish a document in Business Information (CBI) or otherwise the Federal Register withdrawing this protected through regulations.gov, or e- rule before it takes effect and a separate mail. Such comments should be sent via ENVIRONMENTAL PROTECTION document in the proposed rules section First Class or overnight mail. The AGENCY of this Federal Register will serve as a Federal regulations.gov Web site is an proposal to authorize the changes. ‘‘anonymous access’’ system, which 40 CFR Part 271 DATES: This Final authorization will means EPA will not know your identity become effective on June 2, 2008, unless or contact information unless you [EPA–RO3–RCRA–2008–0256; FRL–8548–9] EPA receives adverse written comment provide it in the body of your comment. Virginia: Final Authorization of State by May 5, 2008. If EPA receives such If you send an e-mail comment directly Hazardous Waste Management comment, it will publish a timely to EPA without going through Program Revision withdrawal of this immediate final rule regulations.gov, your e-mail address in the Federal Register and inform the will be automatically captured and AGENCY: Environmental Protection public that this authorization will not included as part of the comment that is Agency (EPA). take effect. placed in the public docket and made ACTION: Immediate final rule. ADDRESSES: Submit your comments by available on the Internet. If you submit one of the following methods: an electronic comment, even if you sent SUMMARY: Virginia has applied to EPA 1. Federal eRulemaking Portal: an e-mail comment directly to EPA, EPA for Final authorization of the revisions http://www.regulations.gov. Follow the recommends that you include your of its hazardous waste program under on-line instructions for submitting name and other contact information in the Resource Conservation and comments. the body of your comment and with any Recovery Act (RCRA). EPA has 2. E-mail: Thomas UyBarreta, disk or CD–ROM you submit. If EPA determined that these revisions satisfy [email protected]. cannot read your comment due to all requirements needed to qualify for 3. First Class or Overnight Mail: technical difficulties and cannot contact Final authorization, and is authorizing Thomas UyBarreta, Mailcode 3WC21, you for clarification, EPA may not be the State’s revisions through this RCRA State Programs Branch, U.S. EPA able to consider your comment. immediate final action. EPA is Region III, 1650 Arch Street, Electronic files should avoid the use of publishing this rule to authorize the Philadelphia, PA 19103–2029. special characters, any form of revisions without a prior proposal 4. Hand Delivery or Courier. Deliver encryption, and be free of any defects or because we believe this action is not your comments to Thomas UyBarreta, viruses. controversial and do not expect Mailcode 3WC21, RCRA State Programs You can view and copy Virginia’s comments that oppose it. Unless we Branch, U.S. EPA Region III, 1650 Arch application and associated publicly receive written comments that oppose Street, Philadelphia, PA 19103–2029. available materials from 8:15 a.m. to this authorization during the comment Instructions: We must receive your 4:30 p.m., Monday through Friday at the period, the decision to authorize comments by May 5, 2008. Please refer following locations: Virginia Virginia’s changes to its hazardous to Docket Number EPA–R03–RCRA– Department of Environmental Quality,
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Waste Division, 629 East Main Street, regulations that EPA promulgates under this authorization, you must do so at Richmond, VA 23219, Phone number: the authority of HSWA take effect in this time. (804) 698–4213, attn: Robert Wickline; authorized States even before they are If we receive comments that oppose and Virginia Department of authorized for the requirements. Thus, only the authorization of a particular Environmental Quality, West Central EPA will implement those requirements revision to the State hazardous waste Regional Office, 3019 Peters Creek Road, and prohibitions in Virginia, including program, we will withdraw that part of Roanoke, VA 24019, Phone number: issuing permits, until the State is this rule but the authorization of the (540) 562–6872, attn: Aziz Farahmand; granted authorization to do so. program revisions that the comments do and EPA Region Library, 2nd Floor, not oppose will become effective on the C. What is the Effect of This 1650 Arch Street, Philadelphia, PA date specified above. The Federal Authorization Decision? 19103–2029, Phone number: (215) 814– Register withdrawal document will 5254. Interested persons wanting to The effect of this decision is that a specify which part of the authorization examine these documents should make facility in Virginia subject to RCRA will will become effective, and which part is an appointment with the office at least have to comply with the authorized being withdrawn. five business days in advance. revised State requirements instead of F. What has Virginia Previously Been FOR FURTHER INFORMATION CONTACT: the equivalent Federal requirements in Authorized For? order to comply with RCRA. While Thomas UyBarreta, Mailcode 3WC21, Initially, Virginia received final RCRA State Programs Branch, U.S. EPA Virginia has enforcement responsibilities under its State authorization to implement its Region III, 1650 Arch Street, hazardous waste management program Philadelphia, PA 19103–2029. hazardous waste program for violations of such program, EPA nevertheless effective December 18, 1984 (49 FR Telephone 215–814–2953. 47391). EPA granted authorization for SUPPLEMENTARY INFORMATION: retains its authority under RCRA sections 3007, 3008, 3013, and 7003, revisions to Virginia’s regulatory program effective August 13, 1993 (58 A. Why are Revisions to State Programs which include, among others, authority FR 32855); September 29, 2000 (65 FR Necessary? to: • 46607); June 20, 2003 (68 FR 36925); States that have received final Take enforcement actions regardless and July 10, 2006 (71 FR 27216). authorization from EPA under RCRA of whether the State has taken its own section 3006(b), 42 U.S.C. 6926(b), must actions; G. What Revisions Are We Authorizing maintain a hazardous waste program • enforce RCRA requirements and With This Action? that is equivalent to, consistent with, suspend or revoke permits; and On October 10, 2007, Virginia and no less stringent than the Federal • perform inspections, and require submitted a program revision program. As the Federal program is monitoring, tests, analyses or reports. application, seeking authorization of revised, States must revise their This action does not impose revisions to its program in accordance programs and ask EPA to authorize the additional requirements on the with 40 CFR 271.21. Virginia’s revision revisions. Revisions to State programs regulated community because the application includes various regulations may be necessary when Federal or State regulations for which Virginia is being that are equivalent to, and no less statutory or regulatory authority is authorized by today’s action are already stringent than, revisions to the Federal modified or when certain other changes effective, and are not changed by today’s hazardous waste program, as published occur. Most commonly, States must action. in the Federal Register from July 1, revise their programs because of 2004 through July 19, 2006, as well as D. Why Wasn’t There a Proposed Rule revisions to EPA’s regulations in 40 miscellaneous changes to its previously Before This Rule? Code of Federal Regulations (CFR) parts authorized program. We now make an 124, 260 through 266, 268, 270, 273 and EPA did not publish a proposal before immediate final decision, subject to 279. today’s rule because we view this as a receipt of written comments that oppose routine program change and do not this action, that Virginia’s hazardous B. What Decisions Have We Made in expect comments that oppose this waste program revisions set forth in its This Rule? approval. We are providing an October 10, 2007 application satisfy all We conclude that Virginia’s program opportunity for public comment now. In of the requirements necessary to qualify revision application of October 10, addition to this rule, in the proposed for final authorization except as 2007, to revise its authorized program rules section of today’s Federal Register described in sections H. 1, 3, and 4 of meets all of the statutory and regulatory we are publishing a separate document this immediate final rule. Therefore, requirements established by RCRA. that proposes to authorize the State EPA grants Virginia final authorization Therefore, we grant Virginia Final program changes. for the following program revisions. authorization to operate its hazardous Virginia seeks authority to administer E. What Happens If EPA Receives waste program with the revisions the Federal requirements that are listed Comments That Oppose This Action? described in the authorization in Table 1. Virginia incorporates by application, except as described in If EPA receives comments that oppose reference these Federal provisions, in Sections H. 1, 3, and 4 of this immediate this authorization, we will withdraw accordance with the dates specified in final rule. Virginia has responsibility for this rule by publishing a document in Title 9, Virginia Administrative Code (9 permitting Treatment, Storage, and the Federal Register before the rule VAC 20–60–18). Table 1 also lists Disposal Facilities (TSDFs) within its becomes effective. EPA will base any Virginia’s requirements that are being borders and for carrying out the aspects further decision on the authorization of recognized as no less stringent than the of the RCRA program described in its the revised State program on the analogous Federal requirements. The revised program application, subject to proposal mentioned in the previous Virginia Waste Management Act the limitations of the Hazardous and paragraph. We will then address all (VWMA), enacted by the 1986 session of Solid Waste Amendments of 1984 public comments in a later final rule. Virginia’s General Assembly and (HSWA). New Federal requirements and You may not have another opportunity recodified in 1988 as Chapter 14, Title prohibitions imposed by Federal to comment. If you want to comment on 10.1, Code of Virginia, forms the basis
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of the Virginia program. The regulatory Administrative Code (9 VAC) effective references are to Title 9, Virginia May 22, 2006.
TABLE 1.—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of federal requirement (revision checklists1) Federal Register Analogous Virginia authority
RCRA Cluster XV,2 Non-HSWA
National Environmental Performance Track Program; 69 FR 62217, 10/25/04 ...... Title 9, Virginia Code (9 VAC) §§ 20–60–18 and 20– Corrections, Checklist 204. 60–262 A.
RCRA Cluster XV, HSWA
Identification and Listing of Hazardous Waste; Dyes and/ 70 FR 9138, 2/24/05 ...... 9 VAC §§ 20–60–18, 20–60–261 A, and 20–60–268 A. or Pigments Production Wastes; Land Disposal Re- strictions for Newly Identified Wastes; CERCLA Haz- ardous Substance Designation and Reportable Quan- tities; Designation of Five Chemicals as Appendix VIII Constituents; Addition of Four Chemicals to the Treat- ment Standards of F039 and the Universal Treatment Standards, Checklist 206.
RCRA Cluster XV, HSWA/Non-HSWA
Modification of the Hazardous Waste Manifest System, 70 FR 10776, 3/4/05 ...... 9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20– Checklist 207. 60–262 A, 20–60–263 A, 20–60–264 A, and 20–60– 265 A. Testing and Monitoring Activities; Final Rule: Methods 70 FR 34538, 6/14/05 ...... 9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20– Innovation Rule and SW–846 Final Update IIIB, 60–264 A, 20–60–265 A, 20–60–266 A, 20–60–268 Checklist 208. A, 20–60–270 A, and 20–60–279 A. Modification of the Hazardous Waste Manifest System, 70 FR 35034, 6/16/05 ...... 9 VAC §§ 20–60–18, 20–60–262 A, 20–60–264 A, and Checklist 207. 20–60–265 A. Methods Innovation Rule and SW–846 Update, Check- 70 FR 44150, 8/1/05 ...... 9 VAC §§ 20–60–18, 20–60–261 A, and 20–60–264 A. list 208.
RCRA Cluster XVI, Non-HSWA
Universal Waste Rule: Specific Provisions for Mercury 70 FR 45508, 8/5/05 ...... 9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20– Containing Equipment, Checklist 209. 60–264 A, 20–60–265 A, 20–60–270 A, and 20–60– 273 A. Standardized Permit for RCRA Hazardous Waste Man- 70 FR 53420, 9/8/05 ...... 9 VAC §§ 20–60–18, 20–124 A, 20–260 A, 20–261 A, agement Facilities, Checklist 210. 20–267 A, and 20–270 A. Revision of Wastewater Treatment Exemptions for Haz- 70 FR 57769, 10/4/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. ardous Waste Mixtures, Checklist 211.
RCRA Cluster XVI, HSWA/Non-HSWA
National Emission Standards for Hazardous Air Pollut- 70 FR 59402, 10/12/05 ...... 9 VAC §§ 20–60–18, 20–60–260 A, 20–60–264 A, 20– ants: Final Standards for Hazardous Air Pollutants for 60–265 A, 20–60–266 A, and 20–60–270 A. Hazardous Waste Combustors (Phase I Final Re- placement Standards and Phase II), Checklist 212. RCRA Burden Reduction Initiative, Checklist 213 ...... 71 FR 16862, 4/4/06 ...... 9 VAC §§ 20–60–18, 9 VAC 20–60–260 A, 9 VAC 20– 60–261 A, 9 VAC 20–60–264 A, 9 VAC 20–60–265 A, 9 VAC 20–60–266 A, 9 VAC 20–60–268 A, 9 VAC 20–60–270 A.
Other
Identification and Listing of Hazardous Waste Final Ex- 70 FR 21153, 4/25/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. clusion. Identification and Listing of Hazardous Waste ...... 69 FR 56357, 9/21/04 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. Identification and Listing of Hazardous Waste ...... 69 FR 60557, 10/12/04 ...... 9 VAC §§ 20–60–18 and 20–60–261 A. Nonwaste waters from Productions of Dyes, Pigments, 70 FR 35032,6/16/05 ...... 9 VAC §§ 20–60–18, 20–60–261 A, and 20–60–268 A. and Food, Drug, and Cosmetic Colorants. Identification and Listing of Hazardous Waste; Final Ex- 70 FR 42499, 7/25/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. clusion. Final Exclusion for Identification and Listing Hazardous 70 FR 44496, 8/3/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. Waste. Site-Specific Treatment Variances for Heritage Environ- 70 FR 44505, 8/3/05 ...... 9 VAC §§ 20–60–18, and 20–60–268 A. mental Services LLC and Chemical Waste Manage- ment, Chemical Services, Inc. Final Exclusion for Identification and Listing Hazardous 70 FR 49187, 8/23/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. Waste. Hazardous Waste Management System; Identification 70 FR 51638, 8/31/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. and Listing of Hazardous Waste; Final Amendment.
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TABLE 1.—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of federal requirement (revision checklists1) Federal Register Analogous Virginia authority
Identification and Listing of Hazardous Waste ...... 70 FR 60217, 10/17/05 ...... 9 VAC §§ 20–60–18, and 20–60–261 A. Identification and Listing of Hazardous Waste; Amend- 70 FR 71002, 11/25/05 ...... 9 VAC §§ 20–60–18 and 20–60–261 A. ment. Identification and Listing of Hazardous Waste; Final Ex- 70 FR 71002, 11/25/05 ...... 9 VAC §§ 20–60–18 and 20–60–261 A. clusion. Identification and Listing of Hazardous Waste; Final Ex- 70 FR 76168, 12/23/05 ...... 9 VAC §§ 20–60–18 and 20–60–261 A. clusion. Site-Specific Variance From the Land Disposal Restric- 71 FR 6209, 2/7/06 ...... 9 VAC §§ 20–60–18 and 20–60–268 A. tions Treatment Standard for 1,3-Phenylenediamine (1,3–PDA). Hazardous Waste Management System; Identification 71 FR 9723, 2/27/06 ...... 9 VAC §§ 20–60–18 and 20–60–261 A. and Listing of Hazardous Waste; Final Amendment. 1 A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules published in the FEDERAL REGISTER. EPA develops these checklists as tools to assist States in developing their authorization applications and in documenting specific State analogs to the Federal Regulations. For more information see EPA’s RCRA State Authorization web page at http:// www.epa.gov/epaoswer/hazwaste/state. 2 A RCRA ‘‘Cluster’’ is a set of Revision Checklists for Federal rules, typically promulgated over a 12-month period starting on July 1 and end- ing on June 30 of the following year.
H. Where Are the Revised Virginia 71002, 70 FR 71002, 70 FR 76168, 71 FR However, Virginia must make the Rules Different From the Federal Rules? 9723), as well as the site specific following modifications to its treatment variances from the Land incorporation by reference of 40 CFR 1. Virginia Requirements That Are parts 262, 264, and 265 in order to Broader in Scope Than the Federal Disposal Restrictions (LDR) treatment clarify that the enforcement authority Program standards published on August 3, 2005 (70 FR 44505) and February 7, 2006 (71 for the non-delegable provisions in The Virginia hazardous waste FR 6209). EPA today is not authorizing those parts remains with EPA: program contains certain provisions that Virginia to delist wastes or to grant • 9 VAC 20–60–262 B must state that, are beyond the scope of the Federal treatment variances. With regard to at 40 CFR 262.21 and 262.60(e), ‘‘EPA’’ program. Virginia’s statutory provision waste delisted as a hazardous waste by means the United States Environmental § 10.1–1426 F, which is related to the EPA, the authority of the Department of Protection Agency, in order to maintain Federal Regulations at 40 CFR 261.5 and Environmental Quality is limited to the Federal authority for the EPA 261.4(b)(1), explains the requirements recognition of the waste as a delisted Manifest Registry functions and the allowing local or state agencies to waste in Virginia, and the supervision of notification requirements for imports of collect hazardous waste from exempt waste management activities for the hazardous waste; • small quantity generators. The Virginia delisted waste when the activities occur 9 VAC 20–60–264 B must state that, code is broader in scope because there within the Commonwealth of Virginia. at 40 CFR 264.71(a)(3), ‘‘U.S. is not a corresponding part of the Virginia is not authorized to delist Environmental Protection Agency’’ Federal program that has such a wastes on behalf of the EPA, or to means the United States Environmental restriction. These broader in scope otherwise administer any case decision Protection Agency, in order to maintain provisions are not part of the program to issue, revoke, or continue a delisting Federal authority for the notification being authorized by today’s action. EPA of a waste by EPA. Similarly, while requirements for imports of hazardous cannot enforce requirements that are waste; Virginia is recognizing EPA’s decision • broader in scope, although compliance regarding the site-specific treatment 9 VAC 20–60–265 B must state that, with such provisions is required by variances, the authority to grant such at 40 CFR 265.71(a)(3), the term ‘‘U.S. Virginia law. variances remains with the EPA. Environmental Protection Agency’’ means the United States Environmental 2. Virginia Requirements That Are More 4. EPA Is Not Authorizing Portions of Protection Agency, in order to maintain Stringent Than the Federal Program the Uniform Hazardous Waste Manifest the Federal Authority for the The Virginia hazardous waste Rule (70 FR 10776) notification requirements for imports of program contains no new provisions hazardous waste. that are more stringent than those Virginia has adopted the Uniform Because these provisions have not yet required by the RCRA program as Hazardous Waste Manifest Rule (70 FR been amended, EPA is not authorizing codified in the July 1, 2006 edition of 10776, March 4, 2005) without them at this time. EPA will authorize title 40 of the Code of Federal exception; however, there are non- Virginia to administer the above Regulations (CFR). delegable Federal functions addressed regulations after they are modified in that Rule. Specifically, authority accordingly. 3. Virginia’s Adoption of EPA’s Site- must be left with the federal government Specific Delisting and Variance as set forth in 40 CFR 262.21, 262.60(e), I. Who Handles Permits After the Decisions 263.20(g)(4), 264.71(a)(3), and Authorization Takes Effect? In its regulations, Virginia has 265.71(a)(3). In its incorporation by After authorization, Virginia will adopted EPA’s decisions relative to the reference of 40 CFR Part 263, Virginia issue permits for all the provisions for site-specific delistings published appropriately does not substitute the which it is authorized and will between September 21, 2004 and term ‘‘U.S. Customs Official’’ that administer the permits it issues. EPA February 27, 2006 (69 FR 56357, 69 FR appears in 40 CFR 263.20(g)(4). As a will continue to administer any RCRA 60557, 70 FR 21153, 70 FR 42499, 70 FR result, this provision is herein included hazardous waste permits or portions of 44496, 70 FR 49187, 70 FR 51638, 70 FR in Virginia’s authorized program. permits which EPA issued prior to the
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effective date of this authorization until This action will not have substantial copy of the rule, to each House of the the timing and process for effective direct effects on the States, on the Congress and to the Comptroller General transfer to the State are mutually agreed relationship between the national of the United States. EPA will submit a upon. EPA and Virginia agree to government and the States, or on the report containing this document and coordinate the administration of permits distribution of power and other required information to the U.S. in order to maintain consistency. responsibilities among the various Senate, the U.S. House of EPA will not issue any more new levels of government, as specified in Representatives, and the Comptroller permits or new portions of permits for Executive Order 13132 (64 FR 43255, General of the United States prior to the provisions included in this revised August 10, 1999), because it merely publication in the Federal Register. A authorization after the effective date of authorizes State requirements as part of major rule cannot take effect until 60 this authorization. EPA will continue to the State RCRA hazardous waste days after it is published in the Federal implement and issue permits for HSWA program without altering the Register. Although this action is not a requirements for which Virginia is not relationship or the distribution of power ‘‘major rule’’ as defined by 5 U.S.C. yet authorized. and responsibilities established by 804(2), this action will be effective June RCRA. This action also is not subject to 2, 2008. J. How Does This Action Affect Indian Executive Order 13045 (62 FR 19885, Country (18 U.S.C. 115) in Virginia? April 23, 1997), because it is not List of Subjects in 40 CFR Part 271 Virginia is not seeking authorization economically significant and it does not Environmental protection, to operate the program on Indian lands, make decisions based on environmental Administrative practice and procedure, since there are no Federally-recognized health or safety risks that may Confidential business information, Indian lands in Virginia. disproportionately affect children. This Hazardous waste, Hazardous waste rule is not subject to Executive Order transportation, Indian lands, K. What is Codification and Is EPA 13211, ‘‘Actions Concerning Regulations Intergovernmental relations, Penalties, Codifying Virginia’s Hazardous Waste That Significantly Affect Energy Supply, Reporting and recordkeeping Program as Authorized in This Rule? Distribution, or Use’’ (66 FR 28355 (May requirements. Codification is the process of placing 22, 2001)) because it is not a significant Authority: This action is issued under the the State’s statutes and regulations that regulatory action under Executive Order authority of sections 2002(a), 3006 and 12866. comprise the State’s authorized 7004(b) of the Solid Waste Disposal Act as Under RCRA 3006(b), EPA grants a hazardous waste program into the Code amended 42 U.S.C. 6912(a), 6926, 6974(b). State’s application for authorization as Dated: March 18, 2008. of Federal Regulations. We do this by long as the State meets the criteria referencing the authorized State rules in required by RCRA. It would thus be William T. Wisniewski, 40 CFR part 272. We reserve the inconsistent with applicable law for Acting Regional Administrator, EPA Region amendment of 40 CFR part 272, subpart EPA, when it reviews a State III. VV for this authorization of Virginia’s authorization application, to require the [FR Doc. E8–6724 Filed 4–2–08; 8:45 am] revised program until a later date. use of any particular voluntary BILLING CODE 6560–50–P L. Administrative Requirements consensus standard in place of another standard that otherwise satisfies the The Office of Management and Budget requirements of RCRA. Thus, the DEPARTMENT OF HEALTH AND has exempted this action from the requirements of section 12(d) of the HUMAN SERVICES requirements of Executive Order 12866 National Technology Transfer and (58 FR 51735, October 4, 1993), and Advancement Act of 1995 (15 U.S.C. Centers for Medicare & Medicaid therefore this action is not subject to 272 note) do not apply. As required by Services review by OMB. This action authorizes section 3 of Executive Order 12988 (61 State requirements for the purpose of FR 4729, February 7, 1996), in issuing 42 CFR Parts 422 and 423 RCRA 3006 and imposes no additional this rule, EPA has taken the necessary [CMS–4133–F] requirements beyond those imposed by steps to eliminate drafting errors and State law. Accordingly, I certify that this ambiguity, minimize potential litigation, RIN 0938–AP25 action will not have a significant and provide a clear legal standard for economic impact on a substantial Medicare Program; Modification to the affected conduct. EPA has complied Weighting Methodology Used To number of small entities under the with Executive Order 12630 (53 FR Regulatory Flexibility Act (5 U.S.C. 601 Calculate the Low-Income Benchmark 8859, March 15, 1988) by examining the Amount et seq.). Because this action authorizes takings implications of the rule in pre-existing requirements under State accordance with the Attorney General’s AGENCY: Centers for Medicare & law and does not impose any additional Supplemental Guidelines for the Medicaid Services (CMS), HHS. enforceable duty beyond that required Evaluation of Risk and Avoidance of ACTION: Final rule. by State law, it does not contain any Unanticipated Takings issued under the unfunded mandate or significantly or executive order. This rule does not SUMMARY: This final rule changes the uniquely affect small governments, as impose an information collection weighting methodology used to described in the Unfunded Mandates burden under the provisions of the calculate the low-income benchmark Reform Act of 1995 (Pub. L. 104–4). For Paperwork Reduction Act of 1995 (44 premium amount (benchmark) for 2009 the same reason, this action would not U.S.C. 3501 et seq.). and thereafter. Under this final rule, the significantly or uniquely affect the The Congressional Review Act, 5 benchmark weighting methodology is communities of Tribal governments, as U.S.C. 801 et seq., as added by the Small adjusted so that the relative weights of specified by Executive Order 13175 (65 Business Regulatory Enforcement the Medicare Advantage Prescription FR 67249, November 9, 2000). In any Fairness Act of 1996, generally provides Drug (MA–PD) plan premiums and case, Executive Order 13175 does not that before a rule may take effect, the Prescription Drug Plan (PDP) plan apply to this rule since there are no agency promulgating the rule must premiums in the low-income Federally recognized tribes in Region 3. submit a rule report, which includes a benchmark premium amount reflect the
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distribution of enrollment of We have referred to this process as our Beneficiaries’’ (73 FR 1301), we beneficiaries eligible for the low-income reassignment process. Beneficiaries proposed an approach to reducing the subsidy in each plan. eligible for the full low-income disruption caused by the re-assignment DATES: Effective Dates: These premium subsidy who have not chosen process. In that proposed rule, we regulations are effective on May 31, a plan on their own, including proposed an approach that focused on 2008. beneficiaries dually eligible for benefits the premiums that would be charged to under Titles XVIII and XIX of the Act, LIS-eligible individuals in cases in FOR FURTHER INFORMATION CONTACT: are subject to reassignment. which they would be subject to paying Deondra Moseley, (410) 786–4577. Meghan Elrington, (410) 786–8675. Beneficiaries eligible for a partial a premium if they stayed in the plan premium subsidy are not subject to they were in. Specifically, we proposed, SUPPLEMENTARY INFORMATION: reassignment. under certain circumstances, to give I. Background For 2008, the number of beneficiaries PDP Sponsors the option of setting a reassigned to a different organization The beneficiary premiums for separate premium amount for such LIS- under this process varied widely by eligible individuals at the low-income Prescription Drug Plans (PDPs) are region, ranging from as few as 17 benchmark amount. We expected this based on an annual bidding process. beneficiaries to approximately 402,322 policy to reduce the number of Each year the beneficiary premium for beneficiaries. The average number of beneficiaries who would have to be re- a Part D plan can change as a result of beneficiaries reassigned to an assigned, and would ensure a choice of this bidding process. In addition, each organization other than the one with at least five no-premium plans for full year, as required by statute, CMS which they were enrolled was 34,044 LIS-eligible individuals in each region. recalculates the Federal Part D premium per region. Alternatively, LIS low-income subsidy (LIS) available to beneficiaries can affirmatively elect to Requirements for Issuance of low-income beneficiaries based on the stay in their plan and begin paying a Regulations new premiums for plans in each region. premium, or choose another plan with Section 902 of the Medicare As a result of these premium and or without a premium. Prescription Drug, Improvement, and subsidy changes, the premium for a Part While the reassignment policy Modernization Act of 2003 (MMA) D plan can be fully covered by the LIS prevents an LIS-eligible individual who amended section 1871(a) of the Act and in one year and not the following year. did not choose to elect a plan from requires the Secretary, in consultation The amount of the premium subsidy being charged a premium, it disrupts with the Director of the Office of available to LIS-eligible individuals continuity and stability in coverage. Management and Budget, to establish cannot be calculated until after bids are Individuals who are reassigned may and publish timelines for the submitted for the calendar year in have to change their pharmacy, get new publication of Medicare final question, because the subsidy amount is copies of their prescription from their regulations based on the previous based on the bids that are submitted. doctor, and determine whether they publication of a Medicare proposed or Therefore, a PDP sponsor whose need a change in medications because interim final regulation. Section 902 of premium for LIS-eligible enrollees is the formulary might be different. the MMA also states that the timelines currently zero does not know at the time Currently, under the demonstration for these regulations may vary but shall its bid is submitted whether the project entitled, ‘‘Medicare not exceed 3 years after publication of premium that would result from its bid Demonstration to Transition Enrollment the preceding proposed or interim final will be higher or lower than the of Low-Income Subsidy Beneficiaries’’ regulation except under exceptional premium subsidy amount. (established in 2007 and extended to circumstances. LIS-eligible individuals enrolled in a 2008), if the premium amount for a LIS- This final rule responds to comments PDP that does not charge them a eligible individual in the above we received on provisions set forth in premium are faced with the possibility situation is lower than a specified ‘‘de the January 8, 2008 proposed rule. In that the plan they are enrolled in will minimis’’ amount, the individual would addition, this final rule has been impose a premium during the next not be charged this de minimis amount, published within the 3-year time limit calendar year that would require them and could remain in his or her current imposed by section 902 of the MMA. to make monthly payments. Section plan without paying a premium. This Therefore, we believe that the final rule 1860D–1(b)(1)(C) of the Social Security demonstration also transitions the is in accordance with the Congress’ Act (the Act) mandates the initial calculation of the low-income intent to ensure timely publication of enrollment of full-benefit dual eligible benchmark premium amount for a final regulations. individuals not choosing a plan into a region from a method that weights the PDP where they would not pay a standardized Part D bids for PDPs II. Analysis of the Proposed Rule and premium. It does not, however, require equally to the statutory method required Responses to Public Comments that individuals be reassigned to a plan under the current regulation, which We received 32 timely items of that would not charge them a premium, calculates the benchmarks by weighting correspondence in response to the if they would be required to pay a the bids for PDPs and Medicare January 8, 2008 proposed rule. We premium in their plan the following Advantage Prescription Drug (MA–PD) received comments from a broad calendar year. Using our authority plans in that region based on each spectrum of commenters, including under Section 1860D–1(b)(1)(A) of the plan’s share of total Part D enrollment. consumer groups, health plans and Act to, ‘‘establish a process for the While the evaluation for this industry trade associations, and States. enrollment, disenrollment, termination, demonstration project is still underway, Approximately 13 comments were from and change of enrollment of Part D we believe it has demonstrated the consumer groups, 9 comments were eligible individuals in prescription drug advantages of continuity of care and from health plans and industry plans,’’ we have specified that LIS- stability. associations, 5 comments were from eligible individuals facing the above In the proposed rule published on States, 3 comments were from situation may ‘‘elect’’ a PDP with no January 8, 2008, ‘‘Option for pharmacists/providers, and 2 comments premium (to which they would be Prescription Drug Plans to Lower their were from students. With a few randomly assigned) by taking no action. Premiums for Low-income Subsidy exceptions, the commenters were
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concerned that the proposed rule would has reassigned full-subsidy beneficiaries relatively simple and transparent and not adequately address the reassignment in these PDPs to different, lower- does not raise the complexities of the issue, and suggested alternative premium PDPs in order to avoid a dual premium policy in the proposed approaches. Virtually all of these financial hardship for these rule about which these commenters are commenters recommended that, rather beneficiaries. concerned. than adopting the proposed approach, The conclusion of the ‘‘Medicare Comment: Many commenters we consider alternative methods for Demonstration to Transition Enrollment suggested that we continue with our de calculating the low-income benchmark of Low-Income Subsidy Beneficiaries,’’ minimis policy, rather than adopt the premium amounts. The following is a will put increased downward pressure policy in the proposed rule. summary of the public comments and on the benchmarks in these regions with Response: We believe that the our responses. high MA–PD enrollment and upward methodology established in this final Comment: Two commenters proposed pressure on the number of rule is a better approach to reducing that the low-income benchmark reassignments. Calculating the reassignments than continuing with the premium amounts be calculated by benchmark amounts using a weighted de minimis policy as it directly weighting each plan’s premium by its average based on LIS enrollment, addresses the benchmark disparities share of total LIS enrollment, rather however, will help stabilize the across regions. As stated in the than its share of total Part D enrollment. benchmarks in these regions. As noted proposed rule, we were concerned about Response: Because section 1860D– above, Part D beneficiary premiums for an approach that permanently would 14(b)(2) of the Act requires only that the PDPs tend to be higher than for MA– employ a fixed dollar figure, and premium calculation be ‘‘weighted’’, we PDs. In addition, PDPs tend to have a decided that a methodology under believe that the statute could reasonably greater share of LIS enrollment because which the number is not known in be interpreted to permit this proposed of auto and facilitated enrollment. As a advance would better preserve weighting methodology, and in response result, weighting Part D plan premiums incentives for plans to submit a low bid. to these comments we have determined by total LIS enrollment gives greater Comment: Many commenters that this approach more effectively weight to PDP premiums and tends to suggested calculating the benchmark addresses the LIS reassignment issue increase the benchmarks. As compared before applying Part C rebates to MA– that the proposed rule was intended to to the current regulatory formula, we PD premiums. CMS currently calculates address. Therefore, we are adopting this estimate that this change in the the low-income benchmark premium approach in our final rule instead of our methodology for calculating the amount using MA–PD premiums after originally proposed option for PDPs to benchmarks would have reduced the Part C rebates have been applied. reduce their premiums for full-subsidy number of 2008 reassignments by Calculating the benchmarks using MA– eligible beneficiaries. approximately 850,000 LIS PD premiums before the application of Specifically, the benchmark amounts beneficiaries. This is significantly rebates would increase the benchmark for each Part D region will be calculated greater than the 200,000 reassignment amounts in areas with high MA–PD as a weighted average of the Part D reduction estimated for the policy penetration and in turn decrease the premium amounts for basic Part D proposed in the proposed rule. number of reassignments in these Part D coverage with the weight for each PDP Comment: Many commenters regions, compared to the current and MA–PD plan equal to a percentage expressed concerns about various regulation. Commenters argued that this in which the numerator is equal to the features of the proposed policy and is a better representation of the true number of LIS eligible beneficiaries suggested clarifications or changes. drug cost for MA–PDs. Commenters enrolled in the Part D plan in the Commenters asked CMS to describe the believed that such an approach is reference month and the denominator is methodology for selecting participating permissible under the statute. equal to the total number of LIS eligible sponsors and any contingencies. Response: Section 1860D–14(b)(2) of beneficiaries enrolled in PDP and MA– Commenters asked CMS to make the the Act describes the calculation of the PD plans (not including PACE, private checkbox in the bid pricing tool (BPT) benchmark. The statute provides that for fee-for-services plans or 1876 cost plans) where PDP Sponsors were to indicate an MA–PD plan, CMS must use the in the reference month. whether the plan will participate in the weighted averages of the ‘‘portion of the Currently, CMS calculates the second premium visible and MA monthly prescription drug weighted portion of the low-income unambiguous. Commenters also asked beneficiary premium that is attributable benchmark premium amount using a whether certification and attestation to basic prescription drug benefits’’ to weighted average of the MA and PDP requirements should be amended. In calculate the benchmark for each region. premiums that is based on total Part D addition, commenters suggested The Act states that the term ‘‘MA enrollment. MA–PD sponsors can lower changes including limiting plans’ monthly prescription drug beneficiary their Part D premiums through the financial losses by placing a cap on the premium’’ means, ‘‘the base beneficiary application of Part C rebates. As a result, amount by which the premium could be premium * * * as adjusted * * *, less the Part D premiums for MA–PD plans reduced for LIS beneficiaries and the amount of rebate credited toward tend to be lower than PDP premiums. In commented on the complexity of such amount * * *’’ CMS interprets the addition, the benchmark amounts tend explaining the rule to beneficiaries. phrase ‘‘portion of the MA monthly to be significantly lower in regions with Response: We agree that the various prescription drug beneficiary premium high MA–PD penetration than in other features of the proposed rule would that is attributable to basic prescription Part D regions. have needed clarification in the final drug benefits’’ for an MA–PD plan to The lower benchmarks have rule. This final rule does not incorporate mean the base beneficiary premium contributed to large-scale reassignments the option for PDP Sponsors to offer a adjusted for the difference between the of LIS beneficiaries in many of these reduced premium to full subsidy bid and benchmark less the rebates. regions. This is because the relatively eligible individuals. The final rule takes Therefore, we do not believe it is low benchmarks result in many PDPs a different approach and changes the permissible under the statute to having a basic Part D premium that is weighting methodology used to calculate the benchmarks with MA–PD not fully covered by the Federal calculate the low-income benchmark premiums before the application of premium subsidy. As noted above, CMS premium amount. This approach is rebates. However, this regulation will
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have a comparable effect on LIS Comment: Several commenters definitively defined. The statutory reassignments to calculating the suggested changes to the reassignment language reads as follows: benchmarks using the MA–PD process, such as reassigning on other (2) LOW-INCOME BENCHMARK premiums that have not been reduced than a random basis, extending PREMIUM AMOUNT DEFINED.— by rebates, and hence produces the reassignment to people who have (A) IN GENERAL.—For purposes of this outcome recommended by the elected a plan with no premium and subsection, the term ‘‘low-income benchmark commenters. improvements to the premium premium amount’’ means, with respect to a Comment: Some commenters information provided to choosers. One PDP region in which— commenter asked CMS to review (i) All prescription drug plans are offered supported our alternative of allowing by the same PDP sponsor, the weighted PDPs to waive the difference between formularies to ensure they do not average of the amounts described in (B)(i) for the premium and the benchmark for full discourage access for vulnerable such plans; or subsidy eligible beneficiaries. beneficiaries. (ii) There are prescription drug plans Commenters believed that CMS Response: We do not believe these offered by more than one PDP sponsor, the overestimated the impact this would changes would be appropriate. Congress weighted average of amounts described in have on bids as plans would be has favored random assignment by subparagraph (B) for prescription drug plans specifying it in the case of initial and MA–PD plans described in section motivated to keep bids low in order to 1851(a)(2)(A)(i) offered in such region. receive new auto-assignments. assignment. We believe that it is appropriate to extend this to re- (B) PREMIUM AMOUNTS DESCRIBED.— Response: We continue to believe that The premium amounts described in this this option would have a negative assignment. It is not clear what the subparagraph are, in the case of— impact on bid competition and bid commenter means by reassigning people (i) A prescription drug plan that is a basic integrity. As stated in the proposed rule, who have elected a plan with no prescription drug plan, the monthly we did not choose this approach for two premium, since they would have made beneficiary premium for such plan; reasons. First, if the difference between an affirmative choice that we believe (ii) A prescription drug plan that provides should be respected. We also believe alternative prescription drug coverage the the two amounts were too great, this actuarial value of which is greater than that would produce a significant disparity that the information currently provided to beneficiaries on their choices is of standard prescription drug coverage, the between the revenue needs assumed in portion of the monthly beneficiary premium the bid, and the revenue that would be appropriate. Finally, we believe that that is attributable to basic prescription drug received under the reduced premium, beneficiaries are in the best position to coverage; and make plan choices based on plan and undermine the integrity of the bid (iii) An MA–PD plan, the portion of the formularies. process. More importantly, if a PDP MA monthly prescription drug beneficiary Comment: One commenter was premium that is attributable to basic sponsor knew that it could be assured concerned that the regulation would not prescription drug benefits (described in of reducing its premium for LIS-eligible come out in time for plans to use the section 1854(b)(2)(B)) * * * individuals to the LIS amount no matter information to model their bids. We historically have interpreted how much the premium produced by its Response: We agree that Part D ‘‘weighted average’’ to mean an average bid exceeded this amount, this would sponsors need to know how the LIS based on the plan’s share of total Part D greatly reduce existing incentives to bid benchmarks will be calculated in order enrollment. We believe that ‘‘weighted as low as possible. In response to the to prepare their Part D bids. Therefore, average’’ could also reasonably be commenters’ argument, we do not we are releasing this final rule before interpreted to mean weighted based on believe new auto-assignees would be April 7, 2008, which is the beginning of the plan’s share of LIS enrollment, enough incentive to keep bids low. the formal bid preparation period for particularly given that the benchmarks Comment: Many commenters did not 2009. On April 7, 2008, CMS will are applicable to LIS beneficiaries only. support the alternative in which CMS release all other final Part D payment The revised interpretation requires a would change the current reassignment policy information for 2009 as part of change in the regulation. Therefore, we process so that beneficiaries would be the Announcement of CY 2009 are revising § 423.780(b)(2) to provide informed of plans that offer a zero Medicare Advantage Capitation Rates for the low-income benchmark premium premium for full-subsidy eligible and Medicare Advantage and Part D amount for a PDP region to be a beneficiaries but would have to take Payment Policies. This document is weighted average of the premium action to change to such a plan. released annually by statute on the first amounts described in § 423.780(b)(2)(ii). Commenters believed that based on Monday in April. With the release of the The weight for each PDP and MA–PD their experience, placing the burden on Rate Announcement and the publication plan will be equal to a percentage. The beneficiaries to make the change would of this final rule, Part D sponsors will numerator will be the number of Part D result in beneficiaries remaining in have all the information on Part D LIS eligible individuals enrolled in the plans they cannot afford and would payment policies that is needed from plan in a reference month (as defined in increase premium collection problems. CMS to prepare their 2009 bids. § 422.258(c)(1)). The denominator will Two commenters believed that CMS be equal to the total number of Part D III. Provisions of the Final Regulations should implement this alternative, LIS eligible individuals enrolled in all because it would be easier to address As noted above, we believe that the PDP and MA–PD plans (but not non-payment of premium issues than statute can reasonably be interpreted to including PACE, private fee-for-service the issues with continuity of care that permit us to weight the premiums used plans, or 1876 cost plans) in a PDP come with reassignment. for the benchmark calculation by total region in the reference month. We will Response: We agree with the LIS enrollment for each plan. The include both partial and full-subsidy commenters who opposed the calculation of the benchmarks is individuals in the weighting alternative for the reasons stated in our described in section 1860–14(b)(2) of calculation. proposed rule. We are concerned about the Act. The statute provides that we charging beneficiaries a premium must take the ‘‘weighted average’’ of the VI. Collection of Information without them electing to pay it and the premium amounts described to Requirements potential financial hardship for calculate the benchmarks. The term This document does not impose individual beneficiaries. ‘‘weighted average,’’ however, is not information collection and
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recordkeeping requirements. Executive Order 12866 directs will lead to additional Federal costs of Consequently, it need not be reviewed agencies to assess all costs and benefits approximately $90 million for calendar by the Office of Management and of available regulatory alternatives and, year (CY) 2009. The CY 2009 cost of $90 Budget under the authority of the if regulation is necessary, to select million represents our best estimate of Paperwork Reduction Act of 1995. regulatory approaches that maximize the cost of the final rule. Generally, our net benefits (including potential V. Regulatory Impact Statement best estimates reflect an equal economic, environmental, public health likelihood of being too high or too low. A. Overall Impact and safety effects, distributive impacts, The estimated cost over the next 10 and equity). A regulatory impact fiscal years (2009 through 2018) is $1.68 We have examined the impact of this analysis (RIA) must be prepared for billion. The year-by-year impacts in rule as required by Executive Order major rules with economically millions of dollars are shown in Table 12866 (September 1993, Regulatory significant effects ($100 million or more Planning and Review), the Regulatory in any 1 year). This rule allows CMS to 1 below. The $90 million estimate above Flexibility Act (RFA) (September 19, calculate the low-income premium is for CY 2009. The table below 1980, Pub. L. 96–354), section 1102(b) of benchmark amounts by weighting the summarizes the fiscal year (FY) costs. the Social Security Act, the Unfunded premium amounts by total LIS Yearly growth is due to an estimated Mandates Reform Act of 1995 (Pub. L. enrollment for each plan in order to increase in the number of enrollees in 104–4), Executive Order 13132 on reduce the number of reassignments future years and increasing drug trends Federalism, and the Congressional compared to the current regulatory that cause higher estimated bids in Review Act (5 U.S.C. 804(2)). framework. We believe this final rule future years.
TABLE 1.—FEDERAL COSTS FOR FY 2009 THROUGH FY 2018
Fiscal Year 2009– 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2018
Estimated Costs (in millions)...... $60 $100 $120 $140 $150 $170 $190 $220 $250 $280 $1,680
This rule does reach the economic be fully covered by the premium benchmarks and reassignments on threshold of $100 million in the out- subsidy. Low-income subsidy program payments throughout the years and thus is considered a major beneficiaries are able to remain in these projection period. We do not explicitly rule, as outlined by Executive Order PDPs and are not reassigned to other project reassignments in future years. 12866. lower-premium PDPs. The expectation is that the net effect of This cost is due to increased Federal We expect this rule will reduce the future reassignments will result in premium subsidy payments, which are administrative costs for plan sponsors projected cost levels comparable to the the result of generally increasing the associated with the reassignment of LIS results of the reassignments modeled on low-income benchmarks. The higher beneficiaries. These costs include the the most recent bid results. benchmarks allow a greater number of production of new member The cost estimate assumes full low-income beneficiaries to remain in informational materials by the new enrollment weighting based on LIS their current plan, rather than plan, increased staffing of call centers to enrollment for the calculations of the reassigning them to a lower cost plan. field beneficiary questions, and costs low-income benchmark premium In each region, the low-income associated with implementing transition amounts. The estimate was developed benchmark essentially functions as a benefits for new enrollees. by applying this rule against the 2008 ceiling for the Federal premium subsidy Although there is no quantifiable bids and this impact was projected for low-income beneficiaries. That is, monetary value to CMS to reducing throughout the forecast period. The the Federal premium subsidy covers the reassignments, we feel this benefit is estimate does not anticipate any change full cost of the plan’s basic Part D important, as it will increase program in bidding strategies or outcomes but premium for a full-subsidy beneficiary, stability and continuity of care. The rule does include the effect on the level of up to the low-income benchmark supports pharmacy and formulary administrative costs plan sponsors will amount. consistency for the beneficiary. include in their bids to account for their Weighting based on each plan’s share Particularly in regions with high MA– expected number of LIS beneficiary of LIS enrollment generally is expected PD penetration, this rule will reduce the reassignments. to increase the low-income benchmarks. year-to-year volatility in reassignments The proposed rule estimated Federal We estimated that, in 2008, if the low- of LIS beneficiaries and will help avoid savings of approximately $20 million income benchmarks had been calculated the disruption that is inherent anytime per calendar year. However, the final based on LIS enrollment weighting a beneficiary is switched from one plan rule estimates an additional $90 million (rather than based on total Part D to another. in Federal costs for CY 2009. There are enrollment weighting), the benchmarks Based on the most recent bid results, two reasons that the cost estimate has would have been higher in 27 of the 34 we estimated that if the 2008 changed. First, the budget baseline has PDP regions. Generally, the higher the benchmarks had been calculated using been updated since the issuance of the low-income benchmarks, the lower the LIS enrollment weighting, there would proposed rule. The Mid-Session Review number of LIS reassignments. This is have been approximately 850,000 fewer baseline assumed the continuation of because, under the higher benchmarks, reassignments than if the benchmarks the $1 de minimis policy; the more PDPs are likely to have premiums had been calculated using total Part D President’s 2009 Budget baseline does that are equal to or less than the low- enrollment weighting. Then we not. Because of the change in income benchmark and, as a result, will determined the impact of the revised assumptions about the de minimis
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policy, even if we had stayed with the in any 1 year of $100 million in 1995 noted above is net of these increased five zero-premium organization policy dollars, updated annually for inflation. reassignments. in the proposed rule, the cost of the That threshold level is currently We estimate that this final rule, if final rule would have changed from approximately $130 million. This rule implemented in 2008, would have savings of approximately $20 million will have no consequential effect on increased the number of zero premium per year to costs of approximately $10 State, local, or tribal governments in the organizations available to beneficiaries million per year. Second, this final rule aggregate, or by the private sector. in 20 of the 34 PDP regions. This is changes the weighting methodology Executive Order 13132 establishes somewhat lower than the number of used to calculate the low-income certain requirements that an agency regions where the benchmarks would benchmark premium amount. As must meet when it promulgates a have been higher (27), because some discussed in the rationale, CMS has proposed rule (and subsequent final regions did not have any new plans that changed the method for calculating the rule) that imposes substantial direct landed under the benchmark with the Federal premium subsidy for LIS requirement costs on State and local new calculation. In addition, in 2008, beneficiaries so that the subsidy amount governments, preempts State law, or this regulation would have resulted in at better reflects the premiums of plans in otherwise has Federalism implications. least five zero-premium organizations in which LIS beneficiaries are enrolled. Since this regulation does not impose every Part D region with the exception The final rule uses each plan’s share of any costs on State or local governments, of one region, which would have had LIS enrollment, rather than each plan’s the requirements of E.O. 13132 are not four zero-premium organizations. share of total Part D enrollment, to applicable. This approach maintains a strong weight each plan’s premium. This incentive to bid low to keep and change results in fewer reassignments B. Anticipated Effects possibly add LIS beneficiaries. Absent than the proposed rule (approximately We have estimated the effect this the rule, there may be a ‘‘winner take 670,000) and greater low-income regulation will have on the number of all’’ outcome in certain regions with one premium subsidy costs. The reassignments, the number of zero- organization acquiring all of the LIS relationship between reassignments and premium plans available to full-subsidy beneficiaries in the region. It is difficult the premium subsidy is described eligible individuals in each region, and to predict what will happen in the above. bid incentives. absence of this rule, but we expect some The RFA requires agencies to analyze organizations will be induced to bid This rule will reduce the number of options for regulatory relief of small even lower while other organizations reassignments compared to the current businesses. For purposes of the RFA, will give up on this population and bid regulatory framework. In 2008, under small entities include small businesses, higher. the provisions of the ‘‘Medicare nonprofit organizations, and small Demonstration to Transition Enrollment C. Alternatives Considered governmental jurisdictions. Most of Low-Income Subsidy Beneficiaries’’, hospitals and most other providers and As stated in the ‘‘Background’’ section approximately 1.19 million LIS suppliers are small entities, either by of this final rule, we considered beneficiaries were reassigned to new nonprofit status or by having revenues allowing PDP Sponsors to reduce their of $6.5 million to $31.5 million in any Part D organizations. We estimated that premium to the subsidy amount after it 1 year. Individuals and States are not if the 2008 benchmarks had been was established for LIS-eligible included in the definition of a small calculated under the current regulation individuals without regard to the entity. We are not preparing an analysis (that is, full enrollment weighted using amount of their premium. We also for the RFA because we have all enrollees), the number of LIS considered allowing plans with determined, and the Secretary certifies, reassignments would have been 2.18 premiums under a fixed dollar amount that this regulation will not have a million. Under the policy in the to reduce their low-income premiums to significant economic impact on a proposed rule, the number of the premium subsidy amount (de substantial number of small entities. reassignments would have declined by minimis). We determined, however, that In addition, section 1102(b) of the Act approximately 200,000 (compared to the these options would undermine the requires us to prepare a regulatory current regulation) to 2.0 million. We integrity and competitiveness of the impact analysis if a rule may have a estimate that, if the 2008 benchmarks bidding process. significant impact on the operations of had been calculated using the LIS We also considered changing our a substantial number of small rural weighting methodology in this final approach to reassignment to an hospitals. This analysis must conform to rule, the benchmarks would have been approach that would allow LIS-eligible the provisions of section 604 of the higher in 27 of the 34 regions and the individuals to be informed of zero- RFA. For purposes of section 1102(b) of number of reassignments would have premium PDP options for full-subsidy the Act, we define a small rural hospital been 1.33 million—approximately eligibles, but would remain in their as a hospital that is located outside of 850,000 lower than under the current current plan, regardless of the premium, a Metropolitan Statistical Area for regulation. if they take no action. Beneficiary Medicare payment regulations and has We estimate that this final rule, if advocacy groups were concerned about fewer than 100 beds. We are not implemented in 2008, would have beneficiaries being charged a premium preparing an analysis for section 1102(b) reduced the benchmarks slightly in without electing to pay it. of the Act because we have determined, seven regions as compared to the We also considered changing the and the Secretary certifies, that this current regulation. These regions tend to regulation to calculate the benchmarks regulation will not have a significant have low MA–PD penetration and a using MA–PD premiums before they impact on the operations of a substantial concentration of LIS beneficiaries in have been reduced by Part C rebates. number of small rural hospitals. PDPs with relatively low premiums. The That approach, however, is not Section 202 of the Unfunded amount of the benchmark reduction was permitted under the statute. Mandates Reform Act of 1995 also typically less than $0.50. In 2008, these Finally, we considered the policy in requires that agencies assess anticipated benchmark reductions would have the proposed rule itself, which was an costs and benefits before issuing any increased reassignments in total by less option for PDP Sponsors in regions with rule whose mandates require spending than 50,000. The 1.33 million estimate less than five zero-premium PDPs to
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offer a separate prescription drug D. Accounting Statement provides our best estimate of the cost premium amount for full subsidy associated due to increased Federal low- eligible individuals subject to certain As required by OMB Circular A–4 income premium subsidy payments, conditions. In response to comments (available at http:// which are primarily the result of received on the proposed rule, we www.whitehouse.gov/omb/circulars/ allowing a greater number of low- determined that this approach did not a004/a-4.pdf), in Table 2 below, we income beneficiaries to remain in their address the reassignment issue as have prepared an accounting statement current plan, rather than reassigning effectively as the LIS benchmark showing the classification of the them to a lower cost plan. All weighting approach recommended by expenditures associated with the expenditures are classified as costs to commenters. provisions of this final rule. This table the Federal Government.
TABLE 2.—ACCOUNTING STATEMENT: CLASSIFICATION OF ESTIMATED EXPENDITURES FOR THE MODIFICATION TO THE WEIGHTING METHODOLOGY USED TO CALCULATE THE LOW-INCOME BENCHMARK AMOUNT, FINAL RULE [$ Millions]
Category: Monetized costs Costs
Single Year CY 2009 ...... $90 Annualized Monetized Costs Using 7% Discount Rate FY 2009–FY 2018 ...... 155.6 Annualized Monetized Costs Using 3% Discount Rate FY 2009–FY 2018 ...... 162.6 Undiscounted Cumulative Costs—FY 2009–FY 2018 ...... 1,680 Costs reflect transfers from the Federal Government to Health Plans.
E. Conclusion Act (42 U.S.C. 1302, 1395w–101 through Dated: March 20, 2008. This rule is estimated to result in an 1395w–152, and 1395hh). Kerry Weems, Acting Administrator, Centers for Medicare increased Federal cost of $90 million in Subpart P—Premium and Cost-Sharing CY 2009 and $1.68 billion over the next & Medicaid Services. Subsidies for Low-Income Individuals 10 fiscal years (2009 through 2018). As March 27, 2008. explained above, these costs are Michael O. Leavitt, I primarily due to an increase in low- 2. Amend § 423.780 by revising Secretary. paragraph (b)(2)(i) to read as follows: income premium subsidy payments. [FR Doc. 08–1088 Filed 3–31–08; 4 pm] This rule will not have a significant § 423.780 Premium subsidy. BILLING CODE 4120–01–P economic impact on a substantial number of small entities, so we are not * * * * * preparing an analysis for the RFA. In (b) * * * DEPARTMENT OF HOMELAND addition, the regulation will not have a (2) * * * significant impact on the operations of SECURITY a substantial number of small rural (i) The low-income benchmark premium amount for a PDP region is a Federal Emergency Management hospitals, so we are not preparing an Agency analysis for section 1102(b) of the Act. weighted average of the premium amounts described in paragraph The analysis above, together with the 44 CFR Part 62 preamble, provides a Regulatory Impact (b)(2)(ii) of this section, with the weight Analysis as it qualifies as a major rule for each PDP and MA–PD plan equal to [Docket ID FEMA–2008–0001] under Executive Order 12866. a percentage, the numerator being equal In accordance with the provisions of to the number of Part D low-income RIN 1660–AA58 Executive Order 12866, this regulation subsidy eligible individuals enrolled in was reviewed by the Office of the plan in the reference month (as National Flood Insurance Program Management and Budget. defined in § 422.258(c)(1) of this (NFIP); Assistance to Private Sector Property Insurers; Write-Your-Own List of Subjects in 42 CFR Part 423 chapter) and the denominator equal to the total number of Part D low-income Arrangement Administrative practice and subsidy eligible individuals enrolled in procedure, Emergency medical services, AGENCY: Federal Emergency all PDP and MA–PD plans (but not Health facilities, Health maintenance Management Agency, DHS. including PACE, private fee-for-service organizations (HMO), Medicare, ACTION: Interim Rule. plans or 1876 cost plans) in a PDP Penalties, Privacy, Reporting and SUMMARY: recordkeeping. region in the reference month. This rule amends portions of the Federal Emergency Management I For the reasons set forth in the * * * * * Agency (FEMA), Federal Insurance preamble, the Centers for Medicare & (Catalog of Federal Domestic Assistance Administration, Financial Assistance/ Medicaid Services amends 42 CFR Program No. 93.773, Medicare—Hospital Subsidy Arrangement (Arrangement) chapter IV as set forth below: Insurance; and Program No. 93.774, Medicare—Supplementary Medical between Write-Your-Own Companies PART 423—VOLUNTARY MEDICARE Insurance Program) (WYO Companies) and FEMA. The rule PRESCRIPTION DRUG BENEFIT makes technical changes intended to assist WYO Companies by recognizing I 1. The authority citation for part 423 each party’s duties under the continues to read as follows: Arrangement and amends the way Authority: Secs. 1102, 1860D–1 through FEMA communicates changes to the 1860D–42, and 1871 of the Social Security Unallocated Loss Adjustment Expenses
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(ULAE) compensation rate to WYO the Administration Navigation Bar of 1. Insurance Agent Training Companies. http://www.regulations.gov. Article II, section G. 3., is being added DATES: Effective Date: May 5, 2008. Viewing Comments and Documents: to address the WYO Companies’ Comment Date: Submit comments on For access to the docket to read cooperation in helping ensure that or before June 2, 2008. background documents or comments agents writing flood insurance under the ADDRESSES: You may submit comments, received, go to the Federal eRulemaking NFIP avail themselves of the training identified by Docket ID FEMA–2008– Portal at http://www.regulations.gov and opportunities needed to meet the 0001, by one of the following methods: search for Docket ID FEMA–2008–0001. minimum NFIP training requirements Federal eRulemaking Portal: http:// Submitted comments may also be called for in section 207 of the Bunning- www.regulations.gov. Follow the inspected at Office of Chief Counsel, Bereuter-Blumenauer Flood Insurance instructions for submitting comments. Federal Emergency Management Reform Act of 2004, Public Law 108– E-mail: [email protected]. Agency, 500 C Street, SW., Room 835, 264, 118 Stat. 733 (42 U.S.C. 4011 note) Include Docket ID FEMA–2008–0001 in Washington, DC 20472. (the ‘‘BBB Act’’). The new section of the Arrangement will not affect the training the subject line of the message. FOR FURTHER INFORMATION CONTACT: Fax: 866–466–5370. Edward L. Connor, Deputy Assistant and education requirements, which are Mail/Hand Delivery/Courier: Rules Administrator, Federal Emergency established by the States, but merely Docket Clerk, Office of Chief Counsel, Management Agency, 500 C Street SW., integrates WYO Companies into the Federal Emergency Management Washington, DC 20472, (202) 646–3429 effort to ensure agents meet those Agency, 500 C Street, SW., Room 835, (Phone), (202) 646–3445 (facsimile), or requirements. The new section commits Washington, DC 20472. [email protected]. the WYO Companies to notify their Handling of Confidential or agents of the requirement to comply Proprietary Information Submitted in SUPPLEMENTARY INFORMATION: with State regulations regarding flood Public Comments: Do not submit insurance agent education, notify them comments that include trade secrets, I. Introduction of flood insurance training confidential commercial or financial Under the authority of sections 1304 opportunities, and assist FEMA in information to the public regulatory and 1345 of the National Flood periodic assessment of agent training docket. Please submit such comments Insurance Act of 1968, Public Law 90– needs. Although WYO Companies are separately from other comments on the 448, 82 Stat. 476, as amended (42 U.S.C. already undertaking these efforts, they rulemaking. Comments containing this 4011, 4081), the Federal Emergency are being added to the Arrangement to type of information should be Management Agency (FEMA) provides formalize the commitment. appropriately marked as containing insurance protection against flood 2. Payment of Claims such information and submitted by damage to homeowners, businesses, and Article III, section D. 1. of the mail/hand delivery/courier to the FEMA others by means of the National Flood Arrangement provides that loss Office of Chief Counsel, 500 C Street, Insurance Program (NFIP). The sale of payments under flood insurance SW., Room 835, Washington, DC 20472. flood insurance is largely implemented Upon receipt of such comments, policies are to be made by the WYO by private insurance companies that FEMA will not place the comments in Company from Federal funds retained participate in the NFIP Write-Your-Own the public docket and will handle them in the bank account(s) established under (WYO) program. Through the WYO in accordance with applicable Article II, section E., and, if such funds program, insurance companies enter safeguards and restrictions on access. are depleted, from Federal funds into agreements with FEMA to sell and FEMA will hold them in a separate file derived by drawing against the Letter of service flood insurance policies and to which the public does not have Credit established pursuant to Article adjust claims after flood losses. access, and place a note in the public IV. WYO Companies have sought docket that FEMA has received such Under the WYO program, 88 private clarification as to what would occur materials from the commenter. If FEMA sector property insurers issue flood following a large scale flooding event if receives a request to examine or copy insurance policies and adjust flood there are no funds available in the this information, FEMA will treat it as insurance claims under their own National Flood Insurance Fund (NFIF) any other request under the Freedom of names based on the Financial to be drawn down through the company Information Act (FOIA) (5 U.S.C. 552) Assistance/Subsidy Arrangement letter of credit. and FEMA’s FOIA regulation on (Arrangement). The Arrangement is Although the seventh ‘‘Whereas’’ confidential commercial information published at 44 CFR part 62, Appendix clause in Article I already states that the found at 44 CFR 5.57. A and defines the duties and Federal Treasury will back all flood Instructions: All submissions received responsibilities of insurers that sell, policy claim payments by the Company, must include the agency name and service and market insurance under the FEMA is revising Article VII, section A. Docket ID (FEMA–2008–0001). Unless WYO program. The Arrangement also to provide additional clarification that the comment or material is submitted identifies the responsibilities of the there is no requirement that WYO using the method provided above in Government to provide financial and Companies use their own funds to pay ‘‘Handling of Confidential or Proprietary technical assistance to these insurers. NFIP claims when there are no funds Information Submitted in Public The Arrangement is renewed yearly available in the NFIF to be drawn down Comments,’’ all submissions will be through written agreement between the through the company letter of credit. As posted, without change, to the Federal WYO Companies and FEMA. will be discussed in more depth below, eRulemaking Portal at http:// II. Discussion of the Interim Rule in certain heavy loss years, the potential www.regulations.gov, and will include exists for the NFIP to exhaust its any personal information you provide. In this rule, FEMA makes three authority to borrow funds from the Therefore, submitting this information changes to the Arrangement. These Treasury to pay claims. In such an makes it public. You may wish to read changes either clarify existing practices event, there may be a period of time the Privacy Act notice that is available or clarify how FEMA communicates during which no funds are available in on the Privacy and Use Notice link on certain information to WYO Companies. the Treasury until the Congress takes
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action to either increase the program’s operating expense portion of that figure single catastrophic event (Hurricane borrowing authority, or appropriate was removed (64 FR 27705). In the Katrina) resulted in over $613 million in funds to relieve the debt. This interim Fiscal Year 2007 Arrangement, the only ULAE payments. The data from 1987 to rule revises Article VII, section A. to fixed compensation rates were the 2007 used to generate these figures is provide that in such circumstances, the agency commission rate of 15 percent, a available in the public docket for this Federal Insurance Administrator will 2 percent marketing incentive, and the rulemaking. Generally, ULAE is suspend the NFIP’s payment of claims 3.3 percent ULAE. expected to increase as claims payout until funds are again available in the Until now the ULAE has not changed. increases. That is, ULAE expenses for Treasury, and that the WYO Companies Pursuant to this rulemaking, however, the WYO Companies should be larger are not required to pay claims from their the 3.3 percent fixed rate will be during heavy loss years. However, the own funds in the event of such a removed and, the ULAE compensation ratio of ULAE to losses (either paid suspension. rate will be subject to change. Therefore, losses or incurred losses) is not it makes sense to treat it in the same constant. 3. Unallocated Loss Adjustment manner as the Adjuster fee schedule and For example, if paid losses increase Expense Schedule the WYO Allowance by releasing it in ten-fold, the increase in ULAE FEMA is revising Article III, section an annual fee schedule. This will allow expenditures (the administrative C.1. of the Arrangement which deals FEMA to adjust the rate as needed to expense associated with processing each with the Unallocated Loss Adjustment reflect the actual expenses incurred by claim) will not also increase ten-fold. Expense (ULAE) for which WYO the WYO Companies. However, under the Arrangement, the Companies receive reimbursement In the aftermath of Hurricanes ULAE reimbursement was a set 3.3 under the Arrangement. At present, the Katrina, Rita, and Wilma in 2005, FEMA percent of the incurred loss. In an ULAE rate is an expense reimbursement became aware that while the ULAE average year, claims tend to range of 3.3 percent of the incurred loss compensation percentage is equitable between $15,000 and $30,000. So, for an (except that it does not include for most loss years, it exposes the average $30,000 insurance claim the ‘‘incurred but not reported’’). The effect Federal Government to an excessive ULAE reimbursement of 3.3 percent of this rule is to remove the ULAE amount of reimbursement in loss years would be $990 per claim. However, compensation percentage from the that reach a catastrophic level of losses. claims from Hurricane Katrina, averaged Arrangement. Instead, the percentage ULAE is intended to cover those claim around $90,000, so the ULAE will now be communicated by FEMA to handling expenses that are not reimbursement of 3.3 percent jumped to the WYO Companies through a ULAE associated with specific claims, such as $2,970 per claim. When entering the Schedule. maintaining the home office claims staff realm of certain catastrophic flooding As currently written, the ULAE and establishing and running on-site events like Hurricane Katrina, WYO compensation rate is one of only a few claims field offices. The 3.3 percent rate Companies could benefit somewhat compensation rates explicitly spelled functioned equitably during most years from the economy of scale. out in the Arrangement. The WYO of the NFIP, under-compensating To confirm this, FEMA sought data Allocated Loss Adjustment Expense Fee companies moderately in light loss from the Institute for Business and Schedule (also called the Adjuster fee years, while providing slightly more Home Safety (IBHS), a nonprofit schedule) was at one time also in the compensation in heavier loss years, but organization of insurers and reinsurers Arrangement, but was removed because averaging out to an appropriate level. that conduct business in the United it changed frequently (61 FR 37687). However, as FEMA experienced after States or reinsure risks located in the Similarly, the total WYO Allowance was Hurricane Katrina, the 3.3 percent United States. IBHS submitted a once contained in the Arrangement. The schedule greatly exceeds the companies’ voluntary data call for unallocated loss WYO Allowance was a combination of actual ULAE out-of-pocket expenses in figures related to Hurricane Katrina to a 15 percent agency commission rate catastrophic loss years. the insurance companies on its flood and an operating expense rate. Because In an ‘‘average’’ loss year, the NFIP subcommittee. FEMA received the operating expense portion of that pays out approximately $16.8 million in consolidated data from five of the figure changed from year-to-year, the ULAE ($302,775,669/18 years), while a companies.
COMPANIES A THRU E
2005 2006 2005–2006
Direct Incurred Losses ...... $12,130,920,519 $304,991,844 $12,435,912,362 Direct ULAE Incurred ...... $328,235,999 $(17,947,595) $310,288,405 Percentage ...... 2.71 ¥5.88 2.50
The figures above reflect the amount negative 5.88 percent of the amount in contrast to the 3.3 percent that the of Direct Incurred Losses that were paid paid to insureds. The FY2006 cost WYO Companies were actually paid out to policyholders for flood loss. The savings was a result of efficiencies in under the terms of the Arrangement. Direct ULAE Incurred is the actual scale resulting from the realization of FEMA has considered four primary amount of cost that the WYO the cost in FY2005. Because the losses alternatives to the fixed 3.3 percent rate: Companies incurred to process the in both years are attributed to Hurricane A. Status quo. This is an unacceptable claims. In 2005, the companies Katrina, FEMA has aggregated the position due to the inflated ULAE payments to the WYO Companies that expended $328,235,999 which was 2.71 figures which show an overall actual occur after catastrophic events like percent of the overall amount paid out. cost to the WYO Companies for their Hurricane Katrina. In contrast, in 2006, the companies ULAE to be 2.5 percent of the incurred B. Straight reduction to the ULAE actually saved $17,947,595, which is a losses for a catastrophic event. This is formula from the current 3.3 percent to
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a number that is more equitable for method that FEMA uses to transmit cause finds the procedures for comment catastrophic years. While this would most of the other rates in the Agreement and response contrary to public interest. solve the problem for catastrophic years, to WYO Companies and will allow The rapid implementation of this rule is it would greatly under-compensate the FEMA to revise the rate more rapidly in the best interest of the public, as WYO Companies for the great than through the formal rulemaking delay could overwhelm the NFIP should preponderance of ‘‘routine’’ loss years. process. However, FEMA will not revise a catastrophic disaster occur. This would cause the companies to the rate during the Arrangement year. Although catastrophic loss events like question their continued participation Pursuant to the terms of 44 CFR Katrina are relatively infrequent events, in the program and could greatly impact 62.23(i)(3), an established loss the probability of another storm of the long-term effectiveness of the adjustment Fee Schedule is part of the similar magnitude remains the same for program. Arrangement and cannot be changed this year. Research has shown that there C. A blend of A and B that would during an Arrangement year. has been a significant increase in high- maintain the current ULAE schedule of FEMA has extended the FY2007 latitude cyclone frequency, with an 3.3 percent of incurred losses for non- Arrangement until such time that the increase in storm intensity. (‘‘Trends in catastrophic loss years, while providing FY2008 Arrangement and Schedules are Northern Hemisphere Surface Cyclone a lower ULAE rate for losses in excess finalized. Concurrent with the release of Frequency and Intensity’’, Gregory J. of a specified threshold. While this the FY2008 Arrangement, FEMA will McCabe, Martyn P. Clark and Mark C. approach has a certain appeal, as FEMA release the FY2008 ULAE Schedule. In Serreze, American Meterological explored this option the formula quickly the new schedule, FEMA intends to Society, June 15, 2001.) There has also became very complicated as FEMA tried move from a fixed rate system to a been an increase of more than 30 to adapt the formula so that it could be formula. FEMA used the data above to percent in the modeled frequency of applied at the individual company generate the new ULAE formula which major hurricanes making landfall in the level, taking into account the difference is expected to be 1 percent of the United States, which accounts for in what a catastrophic loss year would Written Premium plus 1.5 percent of the current elevated levels of hurricane look like for a large company versus Incurred Loss. FEMA used data from activity in the Atlantic basin that are smaller geographically concentrated 1985 to 2007 to compare ULAE expected to persist for at least the next companies. It also had to be flexible payments under the 3.3 percent five years. Although experts hold enough to appropriately limit ULAE framework versus this new formula and different climatological perspectives on compensation for catastrophes where found the difference to be negligible in the underlying causes of elevated the loss payments span fiscal years. In routine loss years. From 1985 to 2007, hurricane activity, warmer temperatures short, the formula quickly grew so excluding 2005 and 2006, the total (not are expected to result in high activity in complicated that it would be difficult to annual) difference is an increase of the Atlantic basin, leading to a greater administer. approximately $14 million. Using data potential for hurricanes to make landfall D. Providing the ULAE reimbursement from 2005–2006, which are the at higher intensities. (‘‘Insurance Risk for companies to be based on a catastrophic Katrina years, the Models Rise with Elevated Storm combination of a percentage of written difference is a total reduction of Frequency, Severity’’ Environment premiums and a percentage of incurred approximately $300 million. A chart News Service, April 13, 2006.) loss. Shifting a portion of the ULAE depicting this data is available in the Furthermore, hurricanes are not the compensation to be based on written public docket for this rulemaking. only cause of floods. Catastrophic premium would allow the companies a Although this rulemaking is focused flooding can occur at anytime of the more equitable vehicle to cover their on the manner in which the ULAE year. If a catastrophic event occurs fixed expenses—such as home office formula is communicated to the WYO before FEMA is able to revise the ULAE claims staff—that are incurred every Companies, and not the actual ULAE figure it could cause a financial year whether a light loss year or a rate itself, FEMA seeks data to use in its hardship to the American taxpayer as catastrophic loss year. However, under efforts to revise the formula, and there would be a drain on the NFIP such an approach the appropriate suggestions for ways to tailor the funds that would not have occurred if percentage of written premium would the change in the ULAE was in place at formula to ensure that it will accurately probably vary over time depending the time of the event. After Hurricane reimburse WYO Companies for their upon the policy base and the premium Katrina, the NFIP was forced to borrow actual loss. WYO Companies are adequacy of the NFIP. For example, as $17.31 billion from the Federal encouraged to submit actual ULAE data the current discounted premium Treasury. If an event were to occur, the during the comment period of this rule (commonly referred to as ‘‘subsidized program’s debt to the Treasury would to assist FEMA in continuing to refine premiums’’) is addressed through only increase. Since a catastrophic the formula. Comments that include aggressive rate increases, the NFIP’s flooding event has the possibility of trade secrets, confidential commercial written premium would increase happening at any time, any delay in or financial information should be without an associated increase in the implementing this rule puts the risk of submitted using the methods described WYO Companies’ fixed expenses. financial hardship in the realm of FEMA currently favors splitting the above in the ‘‘Handling of Confidential possibility. ULAE compensation between premium or Proprietary Information Submitted in The program has been fortunate to and incurred loss as described in Public Comments’’ portion of the have had two years in a row (2006 and alternative D. However, to assure that ADDRESSES caption of this preamble. 2007), in which the United States has the ULAE Fee Schedule can be easily III. Regulatory Requirements not been hit with a large disaster; adjusted to reflect needed readjustments however, it is foolish to expect that such over time, the ULAE percentage should Administrative Procedure Act calm years will continue. Spurred by be removed from the Arrangement and The Administrative Procedure Act the constant threat of flood hazards, handled similarly to the Adjuster Fee (APA), 5 U.S.C. 553, and 44 CFR 1.12, FEMA has been reviewing the NFIP to Schedule and WYO Allowance. provides an exception from the standard evaluate areas in which the program is Transmitting the ULAE rate through a notice and comment rulemaking inefficient. One area addressed is the Fee Schedule will align it with the procedures where the agency for good ULAE rate. As discussed above, the
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fixed 3.3 percent ULAE rate established on competition, employment, event, there may be a period of time in the Arrangement is not aligned with investment, productivity, innovation, or during which no funds are available in the actual expenses incurred by WYO on the ability of United States-based the Treasury until the Congress either Companies in processing claims. If a enterprises to compete with foreign- takes action to increase the program’s catastrophic disaster or any disaster based enterprises. borrowing authority, or appropriates resulting in more than $3 million in This rule is intended to revise the funds to relieve the debt. The change losses hits before this rule goes into Arrangement between the WYO made to the Arrangement in this rule is effect, it could overwhelm the NFIP. Companies and FEMA to encourage consistent with past practices of the This rule is intended to reduce agents writing flood insurance under the NFIP, clarifies that the practice will inefficiency in the NFIP and properly NFIP to avail themselves of the training continue in the future, and has no allocate relatively scarce resources to opportunities needed to meet the monetary impact. those in need. minimum NFIP training requirements, Finally, this rule revises section C.1. FEMA has not considered these to clarify that there is no requirement of Article III, to remove explicit changes to the Arrangement in a that WYO Companies use their own reference to the 3.3 percent ULAE vacuum. In the summer of 2007 FEMA funds to pay NFIP claims when there compensation percentage in the met with IBHS, a nonprofit organization are no funds available in the NFIF to be Arrangement to allow FEMA added of insurers and reinsurers that conduct drawn down through the company letter flexibility in adjusting the rate as business in the United States or reinsure of credit, and to change the method in needed to best align it to the actual risks located in the United States. Forty- which FEMA communicates the ULAE expenses incurred by the WYO three of the 88 WYO companies are rate to the WYO Companies. These Companies. Instead, the ULAE rate will members of IBHS and those 43 changes are intended to improve the be communicated by FEMA to the WYO companies write 85 percent of the WYO Arrangement and allow FEMA to run Companies through a Fee Schedule. The policies. The purpose of that meeting the NFIP in a more efficient and ULAE compensation rate will be was to discuss the possibility of reasonable manner. communicated to the WYO Companies removing the fixed ULAE rate and Executive Order 12866, Regulatory in the same manner that other forms of methods that could be used in its place Planning and Review its compensation have been to more appropriately reimburse the communicated. This rule does not actual expenses incurred by WYO FEMA has prepared and reviewed this change the ULAE rate, only the way it Companies. IBHS provided helpful rule under the provisions of Executive is communicated; therefore, there is no ideas, many of which are discussed Order 12866 (58 FR 51735, Oct. 4, monetary effect from this rule. above in the ‘‘Discussion of the Interim 1993). This rulemaking is not a Rule’’ section. In those discussions, significant regulatory action under Regulatory Flexibility Act IBHS did not oppose the removal of the section 3(f) of Executive Order 12866; ULAE percentage from the text of the therefore, OMB has not reviewed it The Regulatory Flexibility Act Arrangement or the revision of the under that Order. (‘‘RFA’’) (5 U.S.C. 601 et seq.), as ULAE formula. As explained in this preamble, the amended by the Small Business FEMA believes it is contrary to the first change to the Arrangement involves Regulatory Enforcement Fairness Act of public interest to delay the benefits of adding section G.3. to Article II. Section 1996 (Pub. L. 104–121, 110 Stat. 857) this rule. In accordance with the APA, G.3. clarifies a WYO Company’s mandates that an agency conduct a RFA 5 U.S.C. 553(b)(B), for the reasons cited cooperation in helping market the NFIP analysis when an agency is ‘‘required by above FEMA finds that there is good flood insurance policy, including section 553 * * * to publish general cause for the interim final rule to be ensuring that property insurance agents notice of proposed rulemaking for any published without prior public writing flood insurance under the NFIP proposed rule * * *’’ 5 U.S.C. 603(a). comment FEMA, however, values avail themselves of the training Accordingly, RFA analysis is not public input to the regulatory process, opportunities needed to meet the required when a rule is exempt from and for this reason we are inviting post- minimum NFIP training requirements notice and comment rulemaking under effective-date comments on this interim called for in section 207 of the Flood 5 U.S.C. 553(b). Good cause exists under rule. We may change this rule as a result Insurance Reform Act of 2004. As 5 U.S.C. 553(b)(B) to exempt this rule of the comments we receive. insurance companies, these entities are from the notice and comment expected to ensure that agents who requirements of 5 U.S.C. 553(b). Congressional Review of Agency provide insurance to the public Therefore no RFA analysis under 5 Rulemaking understand the policies they provide. U.S.C. 603 is required for this rule. FEMA has sent this interim final rule Training agents in the content of National Environmental Policy Act to the Congress and to the Government policies they provide is a necessary and Accountability Office under the typical part of marketing any insurance FEMA’s regulations implementing the Congressional Review of Agency policy. These are efforts WYO National Environmental Policy Act of Rulemaking Act, 5 U.S.C. 801–808. As Companies are already undertaking. 1969 (42 U.S.C. 4321 et seq.) at 44 CFR discussed in depth below in the Next, in Article VII of the 10.8(d)(2)(ii) categorically exclude the Executive Order 12866 analysis, this Arrangement, FEMA revises section A. preparation, revision, and adoption of rule is not a ‘‘major rule’’ within the to clarify for WYO Companies that, as regulations, directives, manuals, and meaning of that Act and will not result has always been the case, WYO other guidance documents related to in an annual effect on the economy of Companies do not have to use company actions that qualify for categorical $100,000,000 or more. Moreover, it will funds to pay NFIP claims when there exclusions. The changes made in this not result in a major increase in costs or are no funds available in the NFIF to be regulation constitute action to enforce prices for consumers, individual drawn down through the company letter Federal, State or local codes, standards industries, Federal, State, or local of credit. In certain heavy loss years, the or regulations. This rulemaking will not government agencies, or geographic potential exists for the NFIF to exhaust have a significant effect on the human regions. Nor does FEMA expect that it its authority to borrow funds from the environment and, therefore, neither an will have ‘‘significant adverse effects’’ Treasury to pay claims. In such an environmental assessment nor an
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environmental impact statement are expenditure, FEMA does discuss the power and responsibilities between the required. effects of this rule elsewhere in this Federal Government and Indian tribes. preamble. Executive Order 13132, Federalism Executive Order 12630, Governmental Moreover, because this rule addresses Actions and Interference With Executive Order 13132, entitled a pre-existing Arrangement between ‘‘Federalism’’ (64 FR 43255, Aug. 10, Constitutionally Protected Property FEMA, FIA, and WYO Companies it Rights 1999), sets forth principles and criteria does not impose any additional that agencies must adhere to in enforceable duty beyond that already FEMA has reviewed this rule under formulating and implementing policies agreed to. Participation as a WYO Executive Order 12630, ‘‘Governmental that have federalism implications; that Company is voluntary and does not Actions and Interference With is, regulations that have substantial affect State policymaking discretion. Constitutionally Protected Property direct effects on the States, or on the Accordingly, this rule does not contain Rights’’ (53 FR 8859, Mar. 18, 1988) as distribution of power and any unfunded mandate or significantly supplemented by Executive Order responsibilities among the various or uniquely affect small governments, as 13406, ‘‘Protecting the Property Rights levels of government. Federal agencies described in the Unfunded Mandates of the American People’’ (71 FR 36973, must closely examine the statutory Reform Act of 1995. June 28, 2006). This rule will not affect authority supporting any action that a taking of private property or otherwise would limit the policymaking discretion Executive Order 12898, Environmental have taking implications under of the States, and to the extent Justice Executive Order 12630. practicable, must consult with State and Under Executive Order 12898, List of Subjects in 44 CFR Part 62 local officials before implementing any ‘‘Federal Actions to Address Claims, Flood insurance, Reporting such action. The changes in this rule Environmental Justice in Minority and recordkeeping requirements. affect the contractual relationship Populations and Low-Income I between FEMA and WYO Companies. Populations’’ (59 FR 7629, Feb. 16, For the reasons set forth in the Participation as a WYO Company is 1994), FEMA incorporates preamble, amend 44 CFR part 62, voluntary and does not affect State environmental justice into its policies appendix A as follows: policymaking discretion. In accordance and programs. The Executive Order with Section 6 of Executive Order PART 62—SALE OF INSURANCE AND requires each Federal agency to conduct ADJUSTMENT OF CLAIMS 13132, FEMA determines that this rule its programs, policies, and activities that will not have federalism implications substantially affect human health or the I 1. The authority citation for part 62 sufficient to warrant the preparation of environment in a manner that ensures continues to read as follows: a federalism impact statement. that those programs, policies, and Authority: 42 U.S.C. 4001 et seq.; Paperwork Reduction Act of 1995 activities do not have the effect of Reorganization Plan No. 3 of 1978, 43 FR excluding persons from participation in 41943, 3 CFR, 1978 Comp., p. 329; E.O. As required by the Paperwork programs, denying persons the benefits 12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, Reduction Act of 1995 (44 U.S.C. 3501 of programs, or subjecting persons to 1979 Comp., p. 376. et seq.), an agency may not conduct or discrimination because of race, color, or I sponsor, and a person is not required to 2. In Appendix A to part 62, amend national origin. respond to, a collection of information Article II to add section G.3. to read as unless the collection of information FEMA believes that no action under follows: this rule will have a disproportionately displays a valid OMB control number. Appendix A to Part 62—Federal high or adverse effect on human health This rule does not impose any new Emergency Management Agency, or the environment. Accordingly, the reporting or recordkeeping Federal requirements, nor does it revise requirements of Executive Order 12898 information collection requirements do not apply to this rule. Insurance Administration, Financial Assistance/Subsidy Arrangement currently approved under the Executive Order 13045, Protection of Paperwork Reduction Act of 1995. Children * * * * * Executive Order 12988, Civil Justice FEMA has analyzed this rule under Article II—Undertaking of the Company Reform Executive Order 13045, Protection of * * * * * FEMA has reviewed this rule under Children From Environmental Health G. * * * Executive Order 12988, ‘‘Civil Justice Risks and Safety Risks. This rule is not 3. The Company shall notify its agents Reform’’ (61 FR 4729, Feb. 7, 1996). an economically significant rule and of the requirement to comply with State This rule meets applicable standards to would not create an environmental risk regulations regarding flood insurance minimize litigation, eliminate to health or safety that might agent education, notify agents of flood ambiguity, and reduce burden. disproportionately affect children. insurance training opportunities, and assist FEMA in periodic assessment of Unfunded Mandates Reform Act Executive Order 13175, Consultation and Coordination With Indian Tribal agent training needs. The Unfunded Mandates Reform Act Governments I 3. In Appendix A to part 62, amend of 1995 (2 U.S.C. 1531–1538) requires Article III to revise section C.1. to read Federal agencies, to the extent permitted FEMA has reviewed this rule under as follows: by law, to prepare a written assessment Executive Order 13175, ‘‘Consultation of the effects of any Federal mandate in and Coordination With Indian Tribal Article III—Loss Costs, Expenses, a proposed or final agency rule that may Governments’’ (65 FR 67249, Nov. 9, Expense Reimbursement, and Premium result in the expenditure by State, local, 2000). This rule will not have a Refunds and tribal governments, in the aggregate, substantial direct effect on one or more * * * * * or by the private sector, of $100 million Indian tribes, on the relationship C. * * * or more in any one year. Though this between the Federal Government and 1. Unallocated loss adjustment rule will not result in such an Indian tribes, or on the distribution of expense shall be reimbursed to the
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Company pursuant to a ‘‘ULAE management requirements of the column of the table. No direct Federal Schedule’’ coordinated with the program. If the Federal Emergency financial assistance (except assistance Company and provided by the Federal Management Agency (FEMA) receives pursuant to the Robert T. Stafford Insurance Administrator. documentation that the community has Disaster Relief and Emergency * * * * * adopted the required floodplain Assistance Act not in connection with a I 4. In Appendix A to part 62, amend management measures prior to the flood) may legally be provided for Article VII to revise section A. to read effective suspension date given in this construction or acquisition of buildings as follows: rule, the suspension will not occur and in identified SFHAs for communities a notice of this will be provided by not participating in the NFIP and Article VII—Cash Management and publication in the Federal Register on a identified for more than a year, on Accounting subsequent date. FEMA’s initial flood insurance map of A. FEMA shall make available to the DATES: Effective Dates: The effective the community as having flood-prone Company during the entire term of this date of each community’s scheduled areas (section 202(a) of the Flood Arrangement and any continuation suspension is the third date (‘‘Susp.’’) Disaster Protection Act of 1973, 42 period required by FIA pursuant to listed in the third column of the U.S.C. 4106(a), as amended). This Article V, Section C., the Letter of Credit following tables. prohibition against certain types of provided for in Article IV drawn on a ADDRESSES: If you want to determine Federal assistance becomes effective for repository bank within the Federal whether a particular community was the communities listed on the date Reserve System upon which the suspended on the suspension date, shown in the last column. The Company may draw for reimbursement contact the appropriate FEMA Regional Administrator finds that notice and of its expenses as set forth in Article IV Office. public comment under 5 U.S.C. 553(b) that exceed net written premiums FOR FURTHER INFORMATION CONTACT: are impracticable and unnecessary collected by the Company from the David Stearrett, Mitigation Directorate, because communities listed in this final effective date of this Arrangement or Federal Emergency Management rule have been adequately notified. Each community receives 6-month, continuation period to the date of the Agency, 500 C Street, SW., Washington, 90-day, and 30-day notification letters draw. In the event that adequate Letter DC 20472, (202) 646–2953. addressed to the Chief Executive Officer of Credit funding is not available to SUPPLEMENTARY INFORMATION: The NFIP stating that the community will be meet current Company obligations for enables property owners to purchase suspended unless the required flood policy claim payments issued, FIA flood insurance which is generally not floodplain management measures are shall direct the Company to otherwise available. In return, met prior to the effective suspension immediately suspend the issuance of communities agree to adopt and date. Since these notifications were loss payments until such time as administer local floodplain management made, this final rule may take effect adequate funds are available. The aimed at protecting lives and new within less than 30 days. Companies are not required to pay construction from future flooding. National Environmental Policy Act. claims from their own funds in the Section 1315 of the National Flood This rule is categorically excluded from event of such suspension. Insurance Act of 1968, as amended, 42 the requirements of 44 CFR part 10, * * * * * U.S.C. 4022, prohibits flood insurance Environmental Considerations. No Dated: March 28, 2008. coverage as authorized under the NFIP, environmental impact assessment has 42 U.S.C. 4001 et seq.; unless an Harvey E. Johnson Jr., been prepared. appropriate public body adopts Regulatory Flexibility Act. The Acting Deputy Administrator, Federal adequate floodplain management Emergency Management Agency. Administrator has determined that this measures with effective enforcement rule is exempt from the requirements of [FR Doc. E8–6898 Filed 4–2–08; 8:45 am] measures. The communities listed in the Regulatory Flexibility Act because BILLING CODE 9110–12–P this document no longer meet that the National Flood Insurance Act of statutory requirement for compliance 1968, as amended, 42 U.S.C. 4022, with program regulations, 44 CFR part DEPARTMENT OF HOMELAND prohibits flood insurance coverage 59. Accordingly, the communities will SECURITY unless an appropriate public body be suspended on the effective date in adopts adequate floodplain management Federal Emergency Management the third column. As of that date, flood measures with effective enforcement Agency insurance will no longer be available in measures. The communities listed no the community. However, some of these longer comply with the statutory 44 CFR Part 64 communities may adopt and submit the requirements, and after the effective required documentation of legally date, flood insurance will no longer be [Docket No. FEMA–8019] enforceable floodplain management available in the communities unless measures after this rule is published but Suspension of Community Eligibility remedial action takes place. prior to the actual suspension date. Regulatory Classification. This final AGENCY: Federal Emergency These communities will not be rule is not a significant regulatory action Management Agency, DHS. suspended and will continue their under the criteria of section 3(f) of ACTION: Final rule. eligibility for the sale of insurance. A Executive Order 12866 of September 30, notice withdrawing the suspension of 1993, Regulatory Planning and Review, SUMMARY: This rule identifies the communities will be published in 58 FR 51735. communities, where the sale of flood the Federal Register. Executive Order 13132, Federalism. insurance has been authorized under In addition, FEMA has identified the This rule involves no policies that have the National Flood Insurance Program Special Flood Hazard Areas (SFHAs) in federalism implications under Executive (NFIP), that are scheduled for these communities by publishing a Order 13132. suspension on the effective dates listed Flood Insurance Rate Map (FIRM). The Executive Order 12988, Civil Justice within this rule because of date of the FIRM, if one has been Reform. This rule meets the applicable noncompliance with the floodplain published, is indicated in the fourth standards of Executive Order 12988.
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Paperwork Reduction Act. This rule I Accordingly, 44 CFR part 64 is 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, does not involve any collection of amended as follows: 3 CFR, 1979 Comp.; p. 376. information for purposes of the § 64.6 [Amended] Paperwork Reduction Act, 44 U.S.C. PART 64—[AMENDED] 3501 et seq. I 1. The authority citation for part 64 I 2. The tables published under the List of Subjects in 44 CFR Part 64 continues to read as follows: authority of § 64.6 are amended as Authority: 42 U.S.C. 4001 et seq.; follows: Flood insurance, Floodplains. Reorganization Plan No. 3 of 1978, 3 CFR,
Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer no. sale of flood insurance in community map date available in SFHAs
Region III Virginia: Floyd County, Unincorporated 510199 November 18, 1974, Emerg; September 29, 04/16/2008 ...... 04/16/2008. Areas. 1989, Reg; April 16, 2008, Susp. Region IV South Carolina: Easley, City of, Pickens County ...... 450167 March 4, 1974, Emerg; July 19, 1982, Reg; ...... do* ...... do. April 16, 2008, Susp. Liberty, City of, Pickens County ...... 450168 April 16, 1974, Emerg; June 25, 1976, Reg; ...... do ...... do. April 16, 2008, Susp. Pickens, City of, Pickens County ...... 450169 October 7, 1974, Emerg; June 25, 1976, ...... do ...... do. Reg; April 16, 2008, Susp. Pickens County, Unincorporated Areas 450166 April 2, 1974, Emerg; July 19, 1982, Reg; ...... do ...... do. April 16, 2008, Susp. Tennessee: Adams, City of, Robertson County ...... 470159 November 26, 2003, Emerg; June 1, 2005, ...... do ...... do. Reg; April 16, 2008, Susp. Brownsville, City of, Haywood County .. 470087 July 30, 1974, Emerg; March 4, 1988, Reg; ...... do ...... do. April 16, 2008, Susp. Coopertown, Town of, Robertson Coun- 470423 September 15, 2003, Emerg; September ...... do ...... do. ty. 15, 2003, Reg; April 16, 2008, Susp. Haywood County, Unincorporated 470227 February 28, 1980, Emerg; September 1, ...... do ...... do. Areas. 1986, Reg; April 16, 2008, Susp. Henderson County, Unincorporated 470088 May 17, 1990, Emerg; May 17, 1990, Reg; ...... do ...... do. Areas. April 16, 2008, Susp. Millersville, City of, Robertson County .. 470388 August 30, 1982, Emerg; June 15, 1984, ...... do ...... do. Reg; April 16, 2008, Susp. Portland, City of, Robertson County ..... 470187 February 14, 1975, Emerg; August 4, 1987, ...... do ...... do. Reg; April 16, 2008, Susp. Robertson County, Unincorporated 470158 May 28, 1982, Emerg; June 15, 1984, Reg; ...... do ...... do. Areas. April 16, 2008, Susp. Scotts Hill, Town of, Henderson County 470322 January 17, 1980, Emerg; July 17, 1986, ...... do ...... do. Reg; April 16, 2008, Susp. Springfield, City of, Robertson County .. 470163 May 15, 1975, Emerg; September 30, 1983, ...... do ...... do. Reg; April 16, 2008, Susp. White House, City of, Robertson Coun- 470339 May 13, 1975, Emerg; June 1, 1988, Reg; ...... do ...... do. ty. April 16, 2008, Susp. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: March 26, 2008. DEPARTMENT OF HOMELAND and modified BFEs are the basis for the David I. Maurstad, SECURITY floodplain management measures that Assistant Administrator for Mitigation, each community is required either to Department of Homeland Security, Federal Federal Emergency Management adopt or to show evidence of being Emergency Management Agency. Agency already in effect in order to qualify or [FR Doc. E8–6908 Filed 4–2–08; 8:45 am] remain qualified for participation in the 44 CFR Part 67 BILLING CODE 9110–12–P National Flood Insurance Program Final Flood Elevation Determinations (NFIP). AGENCY: Federal Emergency DATES: The date of issuance of the Flood Management Agency, DHS. Insurance Rate Map (FIRM) showing ACTION: Final rule. BFEs and modified BFEs for each community. This date may be obtained SUMMARY: Base (1% annual chance) by contacting the office where the maps Flood Elevations (BFEs) and modified are available for inspection as indicated BFEs are made final for the on the table below. communities listed below. The BFEs
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ADDRESSES: The final BFEs for each developed criteria for floodplain Executive Order 13132, Federalism. community are available for inspection management in floodprone areas in This final rule involves no policies that at the office of the Chief Executive accordance with 44 CFR part 60. have federalism implications under Officer of each community. The Interested lessees and owners of real Executive Order 13132. respective addresses are listed in the property are encouraged to review the Executive Order 12988, Civil Justice table below. proof Flood Insurance Study and FIRM Reform. This final rule meets the FOR FURTHER INFORMATION CONTACT: available at the address cited below for applicable standards of Executive Order William R. Blanton, Jr., Engineering each community. The BFEs and 12988. modified BFEs are made final in the Management Branch, Mitigation List of Subjects in 44 CFR Part 67 Directorate, Federal Emergency communities listed below. Elevations at Management Agency, 500 C Street SW., selected locations in each community Administrative practice and Washington, DC 20472, (202) 646–3151. are shown. procedure, Flood insurance, Reporting National Environmental Policy Act. and recordkeeping requirements. SUPPLEMENTARY INFORMATION: The This final rule is categorically excluded I Federal Emergency Management Agency Accordingly, 44 CFR part 67 is from the requirements of 44 CFR part amended as follows: (FEMA) makes the final determinations 10, Environmental Consideration. An listed below for the modified BFEs for environmental impact assessment has PART 67—[AMENDED] each community listed. These modified not been prepared. elevations have been published in Regulatory Flexibility Act. As flood I 1. The authority citation for part 67 newspapers of local circulation and elevation determinations are not within continues to read as follows: ninety (90) days have elapsed since that the scope of the Regulatory Flexibility Authority: 42 U.S.C. 4001 et seq.; publication. The Assistant Act, 5 U.S.C. 601–612, a regulatory Reorganization Plan No. 3 of 1978, 3 CFR, Administrator of the Mitigation flexibility analysis is not required. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Directorate has resolved any appeals Regulatory Classification. This final 3 CFR, 1979 Comp., p. 376. resulting from this notification. rule is not a significant regulatory action This final rule is issued in accordance under the criteria of section 3(f) of § 67.11 [Amended] with section 110 of the Flood Disaster Executive Order 12866 of September 30, I 2. The tables published under the Protection Act of 1973, 42 U.S.C. 4104, 1993, Regulatory Planning and Review, authority of § 67.11 are amended as and 44 CFR part 67. FEMA has 58 FR 51735. follows:
*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected #Depth in feet above ground Modified
Polk County, North Carolina and Incorporated Areas Docket No.: FEMA–D–7802
Bear Creek ...... At the confluence with North Pacolet River ...... +1,395 Unincorporated Areas of Polk County. Approximately 870 feet upstream of Charleston Harbor +1,564 Drive. Big Fall Creek ...... At the confluence with North Pacolet River ...... +1,102 Unincorporated Areas of Polk County. Approximately 1,270 feet upstream of railroad ...... +1,682 Brights Creek ...... At the confluence with Green River ...... +922 Unincorporated Areas of Polk County. Approximately 700 feet upstream of the confluence of +937 Rash Creek. Britten Creek ...... At the confluence with Green River ...... +838 Unincorporated Areas of Polk County. Approximately 170 feet upstream of Lake Adger Road +1,108 (State Road 1138). Broad River ...... On the upstream side of Poors Ford Road (State Road +732 Unincorporated Areas of 1004). Polk County. Approximately 0.6 mile upstream of the confluence of +739 Green River. Collinsville Creek ...... At the confluence with Hughes Creek ...... +858 Unincorporated Areas of Polk County. Approximately 1.1 miles upstream of Landrum Road +996 (State Road 1520). Collinsville Creek Tributary 4 .... At the confluence with Collinsville Creek ...... +962 Unincorporated Areas of Polk County. Approximately 0.5 mile upstream of the confluence with +982 Collinsville Creek. Green River ...... At the confluence with Broad River ...... +736 Unincorporated Areas of Polk County. At the Polk/Henderson County boundary ...... +1,442 Green River Tributary 17 ...... At the confluence with Green River ...... +784 Unincorporated Areas of Polk County.
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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
Approximately 0.5 mile upstream of the confluence with +798 Green River. Green River Tributary 29 ...... At the confluence with Green River ...... +810 Unincorporated Areas of Polk County. Approximately 0.6 mile upstream of the confluence with +868 Green River. Green River Tributary 30 ...... At the confluence with Green River ...... +817 Unincorporated Areas of Polk County. Approximately 0.8 mile upstream of the confluence with +839 Green River. Green River Tributary 36 ...... At the confluence with Green River ...... +835 Unincorporated Areas of Polk County. Approximately 0.4 mile upstream of the confluence with +854 Green River. Green River Tributary 38 ...... At the confluence with Green River ...... +844 Unincorporated Areas of Polk County. Approximately 1,220 feet upstream of Katydid Lane ...... +856 Green River Tributary of Tribu- At the confluence with Green River Tributary 30 ...... +817 Unincorporated Areas of tary 30. Polk County. Approximately 0.4 mile upstream of the confluence with +844 Green River Tributary 30. Greens Creek ...... At the confluence with White Oak Creek ...... +745 Unincorporated Areas of Polk County. Approximately 350 feet upstream of East Green Creek +772 Drive (State Road 1340). Hensons Creek ...... At the Rutherford/Polk County boundary ...... +823 Unincorporated Areas of Polk County. Approximately 60 feet upstream of the Polk/Rutherford +824 County boundary. Hooper Creek ...... Approximately 500 feet downstream of the most down- +811 Unincorporated Areas of stream North Carolina/South Carolina State boundary. Polk County. Approximately 320 feet upstream of Henderson Road +1,034 (State Road 1525). Horse Creek ...... At the confluence with North Pacolet River ...... +879 Unincorporated Areas of Polk County, Town of Co- lumbus. Approximately 70 feet downstream of Three Bridges Drive +2,594 Hughes Creek ...... At the North Carolina/South Carolina State boundary ...... +803 Unincorporated Areas of Polk County. Approximately 270 feet upstream of Landrum Road (State +894 Road 1520). Joels Creek ...... At the confluence with North Pacolet River ...... +1,675 Unincorporated Areas of Polk County, City of Saluda. Approximately 0.7 mile upstream of Pearson Falls Road +1,891 (State Road 1102). Little Creek (into North Pacolet At the confluence with North Pacolet River ...... +893 Unincorporated Areas of River). Polk County, Town of Tryon. Approximately 300 feet upstream of North Trade Street .... +1,005 Little Creek (into Vaughn At the confluence with Vaughn Creek ...... +972 Town of Tryon. Creek). Approximately 1,020 feet upstream of Jervey Road ...... +1,022 Little White Oak Creek ...... At the confluence with White Oak Creek ...... +838 Unincorporated Areas of Polk County. Approximately 550 feet upstream of NC Highway 9 ...... +974 Machine Creek ...... At the confluence with White Oak Creek ...... +827 Unincorporated Areas of Polk County. Approximately 500 feet upstream of U.S. Highway 74 ...... +848 Mill Creek (into White Oak At the confluence with White Oak Creek ...... +755 Unincorporated Areas of Creek). Polk County. Approximately, 1,250 feet upstream of Coxe Road (State +756 Road 1005). North Pacolet River ...... At the North Carolina/South Carolina State boundary ...... +837 Unincorporated Areas of Polk County, Town of Tryon. Approximately 0.5 mile upstream of the confluence of +1,761 Joels Creek.
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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
North Pacolet River Tributary At the confluence with North Pacolet River ...... +917 Unincorporated Areas of 18. Polk County. Approximately 120 feet downstream of Howard Gap Road +924 (State Road 1122). North Pacolet River Tributary At the confluence with North Pacolet River ...... +935 Unincorporated Areas of 20. Polk County. Approximately 300 feet upstream of Baker Road (State +948 Road 1124). Ostin Creek ...... At the confluence with Green River ...... +919 Unincorporated Areas of Polk County. Approximately 200 feet upstream of Cow Crossing Lane .. +1,022 Rash Creek ...... At the confluence with Brights Creek ...... +935 Unincorporated Areas of Polk County. Approximately 750 feet upstream of the confluence with +938 Brights Creek. South Branch Little White Oak At the confluence with Little White Oak Creek ...... +876 Unincorporated Areas of Creek. Polk County. Approximately 2.3 miles upstream of NC Highway 9 ...... +926 Vaughn Creek ...... At the confluence with North Pacolet River ...... +889 Unincorporated Areas of Polk County, Town of Tryon. Approximately 630 feet upstream of the confluence of Lit- +989 tle Creek (into Vaughn Creek). Vaughn Creek Tributary 1 ...... At the confluence with Vaughn Creek ...... +904 Town of Tryon. Approximately 0.8 mile upstream of Vaughn Street ...... +973 Vaughn Creek Tributary 2 ...... At the confluence with Vaughn Creek ...... +972 Town of Tryon. Approximately 850 feet upstream of Jervey Road ...... +997 Walnut Creek ...... At the confluence with Green River ...... +802 Unincorporated Areas of Polk County. Approximately 60 feet upstream of NC Highway 9 ...... +1,058 Wheat Creek ...... At the confluence with Green River ...... +768 Unincorporated Areas of Polk County. Approximately 500 feet upstream of Ponder Road (State +817 Road 1329). White Oak Creek ...... At the confluence with Green River ...... +743 Unincorporated Areas of Polk County. Approximately 40 feet downstream of Smith Dairy Road +902 (State Road 1528). Wolfe Creek ...... At the confluence with North Pacolet River ...... +842 Unincorporated Areas of Polk County. Approximately 460 feet upstream of Interstate Highway 26 +877
* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Saluda Maps are available for inspection at Saluda City Hall, 6 East Main Street, Saluda, North Carolina. Town of Columbus Maps are available for inspection at Columbus Town Hall, 95 Walker Street, Columbus, North Carolina. Town of Tryon Maps are available for inspection at Tryon City Hall, 301 North Trade Street, Tryon, North Carolina. Unincorporated Areas of Polk County Maps are available for inspection at the Polk County Planning Department, 40 Courthouse Street, Columbus, North Carolina.
Stanly County, North Carolina and Incorporated Areas Docket Nos.: FEMA–D–7816 and FEMA–B–7733
Big Bear Creek ...... At the confluence with Long Creek ...... +295 Unincorporated Areas of Stanly County. Approximately 1,350 feet upstream of State Highway 49 .. +645 Big Bear Creek Tributary 1 ...... At the confluence with Big Bear Creek ...... +369 Unincorporated Areas of Stanly County. Approximately 0.5 mile upstream of the confluence with +384 Big Bear Creek. Big Bear Creek Tributary 2 ...... At the confluence with Big Bear Creek ...... +395 Unincorporated Areas of Stanly County.
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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
Approximately 0.6 mile upstream of the confluence with +426 Big Bear Creek. Big Bear Creek Tributary 3 ...... At the confluence with Big Bear Creek ...... +441 Unincorporated Areas of Stanly County. Approximately 710 feet upstream of Peaceful Lane ...... +483 Big Bear Creek Tributary 4 ...... At the confluence with Big Bear Creek ...... +580 Unincorporated Areas of Stanly County. Approximately 1.0 mile upstream of Ridenhour Road +606 (State Road 1433). Big Cedar Creek ...... At the confluence with Rocky River ...... +227 Unincorporated Areas of Stanly County. Approximately 1,240 feet upstream of West Whitley Street +283 (State Road 1933). Big Cedar Creek Tributary 1 .... At the confluence with Big Cedar Creek ...... +229 Unincorporated Areas of Stanly County. Approximately 0.4 mile upstream of the confluence with +241 Big Cedar Creek. Camp Branch ...... At the confluence with Rocky River ...... +449 Unincorporated Areas of Stanly County. Approximately 60 feet downstream of Tite Road (State +455 Road 1152). Cedar Creek ...... At the confluence with Pee Dee River (Lake Tillery) ...... +279 Unincorporated Areas of Stanly County, Town of Norwood. Approximately 0.6 mile upstream of Railroad ...... +422 Coldwater Branch ...... At the confluence with Rocky River ...... +327 Unincorporated Areas of Stanly County. Approximately 340 feet upstream of Old Sandbar Road +330 (State Road 1100). Coopers Creek ...... At the confluence with Rocky River ...... +254 Unincorporated Areas of Stanly County. Approximately 1.1 miles upstream of Old Davis Road +328 (State Road 1943). Curl Tail Creek ...... At the confluence with Riles Creek ...... +572 Unincorporated Areas of Stanly County, Town of Richfield, Village of Misenheimer. Approximately 510 feet downstream of Merner Terrace .... +655 East Prong Rock Hole Creek ... At the confluence with Rock Hole Creek ...... +488 Unincorporated Areas of Stanly County, Town of Stanfield. Approximately 0.5 mile upstream of West Stanly Street .... +569 Hardy Creek ...... At the confluence with Rocky River ...... +240 Unincorporated Areas of Stanly County. Approximately 150 feet upstream of the confluence of +383 Ugly Creek. Island Creek ...... At the confluence with Rocky River ...... +354 Unincorporated Areas of Stanly County, City of Lo- cust. Approximately 1.1 miles upstream of Pless Mill Road +537 (State Road 1136). Island Creek Tributary 1 ...... At the confluence with Island Creek ...... +368 Unincorporated Areas of Stanly County. Approximately 520 feet downstream of Drye-Hill Road +412 (State Road 1120). Island Creek Tributary 2 ...... At the confluence with Island Creek ...... +388 Unincorporated Areas of Stanly County. Approximately 0.4 mile upstream of the confluence with +412 Island Creek. Jacks Branch ...... At the confluence with Rocky River ...... +252 Unincorporated Areas of Stanly County. Approximately 1.1 miles upstream of the confluence with +281 Rocky River. Jacobs Creek ...... At the confluence with Pee Dee River (Lake Tillery) ...... +279 Unincorporated Areas of Stanly County, City of Al- bemarle. Approximately 2.5 miles upstream of Indian Mound Road +379 (State Road 1740).
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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
Little Bear Creek (North) ...... At the confluence with Big Bear Creek ...... +470 Unincorporated Areas of Stanly County. Approximately 450 feet upstream of NC 73 Highway ...... +523 Little Bear Creek (South) ...... At the confluence with Long Creek ...... +334 Unincorporated Areas of Stanly County. Approximately 1.7 miles upstream of Canton Road (State +524 Road 1249). Little Bear Creek (South) Tribu- At the confluence with Little Bear Creek (South) ...... +417 Unincorporated Areas of tary 1. Stanly County. Approximately 600 feet upstream of NC 24–27 Highway .. +443 Little Bear Creek (South) Tribu- At the confluence with Little Bear Creek (South) ...... +452 Unincorporated Areas of tary 2. Stanly County. Approximately 1,170 feet upstream of Canton Road (State +510 Road 1249). Little Cedar Creek ...... At the confluence with Rocky River ...... +226 Unincorporated Areas of Stanly County, Town of Norwood. Approximately 0.4 mile upstream of U.S. Highway 52 ...... +266 Little Creek (North) ...... At the confluence with Big Bear Creek ...... +444 Unincorporated Areas of Stanly County. Approximately 1,220 feet upstream of Old Concord Road +551 (State Road 1236). Little Creek (South) ...... At the confluence with Long Creek ...... +302 Unincorporated Areas of Stanly County. Approximately 900 feet upstream of Western Road (State +425 Road 1959). Little Long Creek ...... Approximately 450 feet downstream of Efird Street ...... +429 Unincorporated Areas of Stanly County, City of Al- bemarle, Town of New London. Approximately 1,480 feet upstream of Railroad ...... +569 Little Meadow Creek ...... Approximately 1.1 miles downstream of State Highway +551 City of Locust. 200. Approximately 1,200 feet downstream of Mauney Road +581 (State Road 2625). Little Mountain Creek ...... At the confluence with Mountain Creek ...... +384 Unincorporated Areas of Stanly County, Town of Badin. Approximately 1.1 miles upstream of Barnhardt Road +588 (State Road 1545). Long Creek ...... At the confluence with Rocky River ...... +284 Unincorporated Areas of Stanly County, City of Al- bemarle, Town of Rich- field, Village of Misenheimer. Approximately 0.7 mile upstream of Matton Grove Church +637 Road (State Road 1454). Long Creek Tributary 1 ...... Approximately 500 feet upstream of the confluence with +484 Unincorporated Areas of Long Creek. Stanly County. Approximately 1,170 feet upstream of Pennington Road +509 (State Road 1401). Long Creek Tributary 2 ...... Approximately 1,500 feet upstream of the confluence with +485 Unincorporated Areas of Long Creek. Stanly County. Approximately 0.9 mile upstream of the confluence with +508 Long Creek. Long Creek Tributary 3 ...... At the confluence with Long Creek ...... +530 Unincorporated Areas of Stanly County. Approximately 650 feet downstream of Sunnybrook Road +553 Meadow Creek ...... At the upstream side of Reed Mine Road (State Road +495 City of Locust. 1100). Approximately 0.9 mile upstream of Reed Mine Road +511 (State Road 1100). Melchor Branch ...... At the confluence with Little Long Creek ...... +448 City of Albemarle. Approximately 480 feet upstream of North Sixth Street ..... +486 Melchor Branch Tributary 1 ...... Just upstream of Fox Run Drive ...... +524 City of Albemarle. Approximately 160 feet upstream of Montgomery Avenue +557 Melchor Branch Tributary 1A .... At the confluence with Melchor Branch Tributary 1 ...... +536 City of Albemarle. Approximately 550 feet upstream of Montgomery Avenue +554
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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
Mountain Creek ...... At the confluence with Pee Dee River ...... +284 Unincorporated Areas of Stanly County, City of Al- bemarle. Approximately 60 feet upstream of State Highway 740 ..... +708 Mountain Creek Tributary 1 ...... At the confluence with Mountain Creek ...... +377 Unincorporated Areas of Stanly County. Approximately 300 feet upstream of Stony Hill Road +407 (State Road 1729). Pee Dee River...... At the Anson/Montgomery/Richmond/Stanly County +220 Unincorporated Areas of boundary. Stanly County, Town of Norwood. At the confluence of Yadkin River and Uwharrie River ...... +287 Pee Dee River Tributary 6 ...... At the confluence with Pee Dee River ...... +229 Unincorporated Areas of Stanly County. Approximately 150 feet upstream of Railroad ...... +264 Pole Bridge Creek ...... At the confluence with Little Bear Creek (North) ...... +477 Unincorporated Areas of Stanly County. Approximately 0.7 mile upstream of Lambert Road (State +570 Road 1231). Poplin Creek ...... At Aquadale Road ...... +429 City of Albemarle. Approximately 630 feet upstream of Dr. Martin Luther +501 King Jr. Drive. Poplin Creek Tributary 1 ...... Approximately 250 feet upstream of the confluence with +428 City of Albemarle. Poplin Creek. Approximately 300 feet upstream of East North Street ...... +483 Pumpkin Creek ...... At the confluence with Rocky River ...... +426 Unincorporated Areas of Stanly County. Approximately 0.5 mile upstream of the confluence with +444 Rocky River. Ramsey Creek ...... At the confluence with Big Bear Creek ...... +369 Unincorporated Areas of Stanly County. Approximately 1,270 feet upstream of Canton Road (State +543 Road 1249). Riles Creek ...... Approximately 500 feet upstream of Rowan/Stanly County +572 Unincorporated Areas of boundary. Stanly County, Town of Richfield. Approximately 1.3 miles upstream of Willie Road ...... +590 Rock Creek ...... At the upstream side of Rock Creek Park Drive ...... +430 Unincorporated Areas of Stanly County, City of Al- bemarle. Approximately 1,000 feet upstream of Railroad ...... +446 Rock Hole Branch ...... At the confluence with Rock Hole Creek ...... +458 Unincorporated Areas of Stanly County, Town of Stanfield. Approximately 2.3 miles upstream of the confluence with +544 Rock Hole Creek. Rock Hole Creek ...... At the confluence with Rocky River ...... +367 Unincorporated Areas of Stanly County, Town of Stanfield. Approximately 480 feet upstream of Polk Ford Road ...... +489 Rocky River ...... At the confluence with Pee Dee River ...... +220 Unincorporated Areas of Stanly County. Approximately 0.8 mile upstream of the confluence of +481 Muddy Creek. Rocky River Tributary 1 ...... At the confluence with Rocky River ...... +220 Unincorporated Areas of Stanly County. Approximately 0.8 mile upstream of the confluence with +245 Rocky River. Rocky River Tributary 3 ...... At the confluence with Rocky River ...... +237 Unincorporated Areas of Stanly County. Approximately 710 feet upstream of Loop Road (State +248 Road 1982). Rocky River Tributary 8 ...... At the confluence with Rocky River ...... +350 Unincorporated Areas of Stanly County. Approximately 0.5 mile upstream of the confluence with +364 Rocky River. Running Creek ...... At the confluence with Big Bear Creek ...... +467 Unincorporated Areas of Stanly County.
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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
Approximately 0.8 mile upstream of Five Point Road +540 (State Road 1206). Scaly Bark Creek ...... At the confluence with Long Creek ...... +384 Unincorporated Areas of Stanly County. Approximately 0.9 mile upstream of St. Martin Road +416 (State Road 1963). South Ugly Creek ...... At the confluence with Hardy Creek ...... +268 Unincorporated Areas of Stanly County. Approximately 1.1 miles upstream of the confluence with +311 Hardy Creek. Stony Run ...... At the confluence with Big Bear Creek ...... +339 Unincorporated Areas of Stanly County, Town of Oakboro, Town of Red Cross. Approximately 140 feet upstream of Running Creek +636 Church Road (State Road 1134). Stony Run Tributary 1 ...... At the confluence with Stony Run ...... +445 Unincorporated Areas of Stanly County. Approximately 1,120 feet upstream of Liberty Hill Church +469 Road (State Road 1115). Town Creek ...... At the confluence with Little Long Creek ...... +448 Unincorporated Areas of Stanly County, City of Al- bemarle, Town of New London. Approximately 1,890 feet upstream of Henderson Road +530 (State Road 1436). Town Creek Tributary 1 ...... At the confluence with Town Creek ...... +516 Unincorporated Areas of Stanly County. Approximately 1,060 feet upstream of Burris-Burleson +546 Road (State Road 1437). Ugly Creek ...... At the confluence with Hardy Creek ...... +380 Unincorporated Areas of Stanly County. Approximately 1,200 feet upstream of South Stanly +407 School Road (State Road 1922). Yadkin River ...... At the confluence with Pee Dee River and Uwharrie River +287 Unincorporated Areas of Stanly County, Town of Badin. Approximately 500 feet downstream of State Highway 49/ +566 8.
* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Albemarle Maps are available for inspection at City of Albemarle Engineering Department, 157 North Second Street, Albemarle, North Carolina. City of Locust Maps are available for inspection at Locust City Hall, 211 Town Centre, Locust, North Carolina. Town of Badin Maps are available for inspection at Badin Town Hall, 36 Falls Road, Badin, North Carolina. Town of Norwood Maps are available for inspection at Norwood Town Hall, Zoning Department, 116 South Main Street, Norwood, North Carolina. Town of Oakboro Maps are available for inspection at Oakboro Town Hall, 109A North Main Street, Oakboro, North Carolina. Town of Red Cross Maps are available for inspection at Red Cross Town Clerk’s Residence, 680 West Red Cross Road, Oakboro, North Carolina. Town of Richfield Maps are available for inspection at Richfield Town Hall, 138 Highway 49 North, Richfield, North Carolina. Town of Stanfield Maps are available for inspection at Stanfield Town Hall, 203 West Stanly Street, Stanfield, North Carolina. Unincorporated Areas of Stanly County Maps are available for inspection at Stanly County Planning and Zoning Department, 1000 North First Street, Albemarle, North Carolina. Village of Misenheimer Maps are available for inspection at Misenheimer Town Hall, 48384 U.S. Highway 52 North, Misenheimer, North Carolina.
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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
Unicoi County, Tennessee, and Incorporated Areas Docket No.: FEMA–B–7731
Nolichucky River ...... Approximately 1,400 feet downstream of the confluence of +1638 City of Erwin, Unincor- South Indian Creek. porated Areas of Unicoi County. Approximately 2,280 feet upstream of the Chestoa Pike +1690 Bridge. North Indian Creek ...... Approximately 1,170 feet downstream of the Interstate 26 +1832 Town of Unicoi, Unincor- Bridge. porated Areas of Unicoi County. Approximately 100 feet downstream of the confluence of +1920 Scioto Creek. South Indian Creek ...... Approximately 440 feet upstream of the confluence with +1641 Unincorporated Areas of Nolichucky River. Unicoi County, City of Erwin. Approximately 290 feet upstream of the Sandy Bottom +1680 Road Bridge. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Erwin Maps are available for inspection at Erwin Town Hall, 211 North Main Avenue, Erwin, TN 37650. Town of Unicoi Maps are available for inspection at Unicoi Town Hall, 3600 Unicoi Drive, Unicoi, TN 37692. Unincorporated Areas of Unicoi County Maps are available for inspection at Post Office Box 169, Erwin, TN 37650–0169.
(Catalog of Federal Domestic Assistance No. already in effect in order to qualify or Administrator of the Mitigation 97.022, ‘‘Flood Insurance.’’) remain qualified for participation in the Directorate has resolved any appeals Dated: March 17, 2008. National Flood Insurance Program resulting from this notification. David I. Maurstad, (NFIP). This final rule is issued in accordance with section 110 of the Flood Disaster Federal Insurance Administrator of the DATES: The date of issuance of the Flood National Flood Insurance Program, Insurance Rate Map (FIRM) showing Protection Act of 1973, 42 U.S.C. 4104, Department of Homeland Security, Federal BFEs and modified BFEs for each and 44 CFR part 67. FEMA has Emergency Management Agency. community. This date may be obtained developed criteria for floodplain [FR Doc. E8–6909 Filed 4–2–08; 8:45 am] by contacting the office where the maps management in floodprone areas in BILLING CODE 9110–12–P are available for inspection as indicated accordance with 44 CFR part 60. on the table below. Interested lessees and owners of real property are encouraged to review the DEPARTMENT OF HOMELAND ADDRESSES: The final BFEs for each proof Flood Insurance Study and FIRM SECURITY community are available for inspection available at the address cited below for at the office of the Chief Executive each community. The BFEs and Federal Emergency Management Officer of each community. The modified BFEs are made final in the Agency respective addresses are listed in the communities listed below. Elevations at table below. selected locations in each community 44 CFR Part 67 FOR FURTHER INFORMATION CONTACT: are shown. William R. Blanton, Jr., Engineering Final Flood Elevation Determinations National Environmental Policy Act. Management Branch, Mitigation This final rule is categorically excluded AGENCY: Federal Emergency Directorate, Federal Emergency from the requirements of 44 CFR part Management Agency, DHS. Management Agency, 500 C Street SW., 10, Environmental Consideration. An Washington, DC 20472, (202) 646–3151. ACTION: Final rule. environmental impact assessment has SUPPLEMENTARY INFORMATION: The not been prepared. SUMMARY: Base (1% annual chance) Federal Emergency Management Agency Regulatory Flexibility Act. As flood Flood Elevations (BFEs) and modified (FEMA) makes the final determinations elevation determinations are not within BFEs are made final for the listed below for the modified BFEs for the scope of the Regulatory Flexibility communities listed below. The BFEs each community listed. These modified Act, 5 U.S.C. 601–612, a regulatory and modified BFEs are the basis for the elevations have been published in flexibility analysis is not required. floodplain management measures that newspapers of local circulation, and Regulatory Classification. This final each community is required either to ninety (90) days have elapsed since that rule is not a significant regulatory action adopt or to show evidence of being publication. The Assistant under the criteria of section 3(f) of
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Executive Order 12866 of September 30, List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.; 1993, Regulatory Planning and Review, Administrative practice and Reorganization Plan No. 3 of 1978, 3 CFR, 58 FR 51735. procedure, Flood insurance, Reporting 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Executive Order 13132, Federalism. and recordkeeping requirements. 3 CFR, 1979 Comp., p. 376. This final rule involves no policies that have federalism implications under I Accordingly, 44 CFR part 67 is § 67.11 [Amended] Executive Order 13132. amended as follows: I 2. The tables published under the Executive Order 12988, Civil Justice PART 67—[AMENDED] Reform. This final rule meets the authority of § 67.11 are amended as applicable standards of Executive Order I 1. The authority citation for part 67 follows: 12988. continues to read as follows:
*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
La Paz County, Arizona and Incorporated Areas Docket No.: FEMA–B–7456
Arroyo La Paz...... Approximately 200 feet above confluence with North +288 La Paz County (Unincor- Levee Channel. porated Areas). Approximately 75 feet upstream of Parker-Poston Road ... +306 Cinnabar Wash ...... Approximately 100 feet above confluence with Colorado +264 La Paz County (Unincor- River. porated Areas). Approximately 1.00 miles above confluence with Colorado +326 River. Colorado River ...... Approximately 13.5 miles upstream of Adobe Lake ...... +202 La Paz County (Unincor- porated Areas). Approximately 0.38 mile downstream of Parker Dam ...... +379 Parker, Town of Colorado River Indian Reservation. Ehrenberg Wash...... Approximately 300 feet downstream of Parker-Poston +282 La Paz County (Unincor- Road. porated Areas). Approximately 0.43 mile upstream of Parker-Poston Road +332 Gonzales Wash ...... Approximately 115 feet above confluence with North +280 La Paz County (Unincor- Levee Channel. porated Areas). Approximately 50 feet upstream of Parker-Poston Road ... +288 Unnamed Stream 1 ...... Approximately 125 feet above confluence with South +266 La Paz County (Unincor- Levee Channel. porated Areas). Approximately 1,560 feet upstream of Parker-Poston +302 Road. Unnamed Stream 2 ...... Approximately 300 feet above confluence with South +280 La Paz County (Unincor- Levee Channel. porated Areas). Approximately 0.73 mile above confluence with South +340 Levee Channel. Unnamed Stream 3 ...... Approximately 225 feet above confluence with South +282 La Paz County (Unincor- Levee Channel. porated Areas). Approximately 0.44 mile upstream of Parker-Poston Road +334 Unnamed Stream 4 ...... Approximately 292 feet above confluence with North +288 La Paz County (Unincor- Levee Channel. porated Areas). Approximately 856 feet upstream of Parker-Poston Road +316 Shallow Flooding ...... West of Parker-Poston Road to South of Colorado River #2 La Paz County (Unincor- Indian Tribe. porated Areas).
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES La Paz County (Unincorporated Areas) Maps available for inspection at: La Paz County Community Development Dept., 1112 Joshua Avenue, Parker, Arizona 85344. Town of Parker Maps available for inspection at: Parker Town Hall, 1314 11th Street Parker, AZ 85344. Colorado River Indian Reservation
Yuma County, Arizona and Incorporated Areas Docket No.: FEMA–D–7642
Colorado River ...... At the downstream county boundary ...... +94 Yuma County (Unincor- porated Areas), Cities of Yuma and San Luis. At the upstream county boundary ...... +202
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES Yuma County (Unincorporated Areas) Maps available for inspection at the Yuma County Community Department of Development Services, 2351 West 26th Street, Yuma, Arizona. City of Yuma Maps available for inspection at the Yuma City Department of Development Services, One City Plaza, Yuma, Arizona. City of San Luis Maps available for inspection at the San Luis City Public Works Administration Office, 751 North 4th Avenue, San Luis, Arizona.
Riverside County, California and Incorporated Areas Docket Nos.: FEMA–B–7742 and FEMA–D–7828
Colorado River ...... At the downstream corporate limits of Riverside County ... +244 Colorado River Indian Tribe, Unincorporated Areas of Riverside County. At the upstream corporate limits of Riverside County ...... +338
* National Geodetic Vertical Datum. + North American Vertical Datum.
# Depth in feet above ground. ADDRESSES Colorado River Indian Tribe Maps available for inspection at the Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona. Unincorporated Areas of Riverside County Maps available for inspection at the Riverside County Flood Control District Office, 1995 Market Street, Riverside, California.
San Bernardino County, California and Incorporated Areas Docket Nos.: FEMA–B–7742 and FEMA–D–7828
Colorado River ...... At the downstream corporate limits of San Bernardino +338 City of Needles, Colorado County. River Indian Tribe, Fort Mojave Indian Tribe, Unin- corporated Areas of San Bernardino County. At the upstream corporate limits of San Bernardino Coun- +485 ty. Hooke Creek ...... At confluence with Fern Canyon ...... +4,877 Unincorporated Areas of San Bernardino County. Approximately 500 feet upstream of Hooke Road ...... +5,238
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Needles Maps are available for inspection at Needles City Hall, 817 Third Street, Needles, California. Colorado River Indian Tribe Maps are available for inspection at Colorado River Indian Tribal Offices, 26600 Mohave Road, Parker, Arizona. Fort Mojave Indian Tribe Maps are available for inspection at Mohave Indian Tribal Offices, 500 Merriman Avenue, Needles, California. Unincorporated Areas of San Bernardino County Maps are available for inspection at San Bernardino County Public Works Department, 825 East Third Street, San Bernardino, California.
Middlesex County, Connecticut (All Jurisdictions) Docket No.: FEMA–B–7746
Carr Brook ...... To approximately 1,130 feet upstream from Strickland +25 Town of Portland. Road. From confluence with Connecticut River ...... +25 Carr Brook Tributary A ...... From confluence with Carr Brook ...... +25 Town of Portland. To approximately 0.45 mile upstream of Bartlett Street ..... +25 Chestnut Brook ...... From mouth at Mattabesset River ...... +23 Town of Cromwell. To approximately 40 feet upstream of Route 9 ...... +23 Coginchaug River ...... At confluence with Mattabesset River ...... +23 City of Middletown.
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Approximately 450 feet upstream of State Route 66 +23 (Washington Street). Coles Road Brook ...... From mouth at Mattabesset River ...... +23 Town of Cromwell. To approximately 26 feet downstream of Route 372 ...... +23 Connecticut River ...... Approximately 1.17 miles downstream of confluence of +11 Town of Cromwell, City of Clark Creek. Middletown, Town of East Haddam, Town of East Hampton, Town of Haddam, Town of Port- land. Approximately 0.59 mile upstream of confluence of Hales +25 Brook. Cromwell Creek ...... From confluence with Connecticut River ...... +24 Town of Cromwell. To approximately 1,300 feet upstream of South Street ...... +24 East Swamp Brook ...... At confluence with Swamp Brook ...... +23 City of Middletown. Approximately 350 feet upstream of Tiger Lane ...... +23 Hales Brook ...... From confluence with Connecticut River ...... +25 Town of Portland. To approximately 0.76 mile upstream of confluence ...... +25 Mattabesset River ...... At confluence with Connecticut River ...... +23 City of Middletown, Town of Cromwell. Approximately 500 feet downstream of Berlin Road ...... +23 Mill Creek ...... At confluence with Connecticut River ...... +15 Town of Haddam. Approximately 1,200 feet upstream of Route 9A ...... +15 Miner Brook ...... At confluence with Mattabesset River ...... +23 City of Middletown. Moodus River ...... At confluence with Salmon River ...... +14 Town of East Haddam. At downstream side of Johnsonville Road ...... +14 Ponset Brook ...... At confluence with Connecticut River ...... +17 Town of Haddam. Approximately 0.40 mile upstream of confluence with +17 Connecticut River. Reservoir Brook ...... From confluence with Connecticut River ...... +25 Town of Portland. To approximately 25 feet downstream of Route 17 ...... +25 Salmon River ...... At confluence with Connecticut River ...... +14 Town of Haddam, Town of East Haddam. At downstream side of Leesville Dam ...... +14 Sawmill Brook ...... At confluence with Mattabesset River ...... +23 City of Middletown. Approximately 1,270 feet upstream of confluence with +23 Mattabesset River. Shunpike Creek ...... Mouth at Mattabesset River ...... +23 Town of Cromwell. To approximately 0.26 mile upstream of mouth at +23 Mattabesset River. Succor Brook ...... At confluence with Connecticut River ...... +12 Town of East Haddam. Approximately 125 feet upstream of Lumber Yard Road ... +12 Sumner Brook ...... At confluence with Connecticut River ...... +23 City of Middletown. At upstream side of State Routes 9 and 17 culvert ...... +23 Swamp Brook ...... At confluence with Mattabesset River ...... +23 City of Middletown. At confluence of East Swamp and West Swamp Brooks ... +23 West Swamp Brook ...... At upstream side of Kaplan Drive ...... +23 City of Middletown. At confluence with Swamp Brook ...... +23 Willow Brook ...... From mouth at Mattabesset River ...... +23 Town of Cromwell. To East View Drive ...... +23
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Middletown Maps are available for inspection at City of Middletown Planner’s Office, 245 deKoven Drive, Middletown, Connecticut. Town of Cromwell Maps are available for inspection at Town of Cromwell Planner’s Office, 41 West Street, Cromwell, Connecticut. Town of East Haddam Maps are available for inspection at Town of East Haddam Planner’s Office, 7 Main Street, East Haddam, Connecticut. Town of East Hampton Maps are available for inspection at Town of East Hampton Planning Administrator’s Office, 20 East High Street, East Hampton, Connecticut. Town of Haddam Maps are available for inspection at Town of Haddam Engineer’s Office, 30 Field Park Drive, Haddam, Connecticut. Town of Portland Maps are available for inspection at Town of Portland Planner’s Office, 33 East Main Street, Portland, Connecticut.
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Hillsborough County, Florida and Incorporated Areas Docket Nos.: FEMA–D–7686 and FEMA–B–7746
Alderman Creek ...... At the confluence with Little Manatee River ...... +82 Hillsborough County (Unin- corporated Areas). Approximately 2.4 miles upstream of Taylor Grill Road ..... +123 Archie Creek ...... Approximately 200 feet downstream of 78th Street South +11 Hillsborough County (Unin- corporated Areas). Approximately 0.4 mile upstream of Interstate 75 ...... +20 Backwater from Cypress Creek Approximately 900 feet southwest of the intersection of +30 Hillsborough County (Unin- Clubhouse Drive and Kings Boulevard. corporated Areas). Baker Canal ...... At the confluence with Lake Thonotosassa Tributary and +44 Hillsborough County (Unin- Baker Creek. corporated Areas). Approximately 150 feet downstream of Acker Road ...... +84 Baker Canal Tributary 1 ...... At the confluence with Baker Canal ...... +44 Hillsborough County (Unin- corporated Areas). At Taylor Road ...... +44 Baker Canal Tributary 2 ...... At the confluence with Baker Canal ...... +44 Hillsborough County (Unin- corporated Areas). Approximately 0.5 mile upstream of Gallagher Road ...... +64 Baker Canal Tributary 3 ...... At the confluence with Baker Canal ...... +44 Hillsborough County (Unin- corporated Areas). Approximately 1,100 feet upstream of U.S. Highway 92 .... +57 Baker Canal Tributary 5 ...... At the confluence with Baker Canal ...... +44 Hillsborough County (Unin- corporated Areas). At the upstream side of McIntosh Road ...... +57 Baker Canal Tributary 6 ...... At the confluence with Baker Canal ...... +46 Hillsborough County (Unin- corporated Areas). At the downstream side of McIntosh Road ...... +57 Baker Canal Tributary 7 ...... At the confluence with Baker Canal ...... +73 Hillsborough County (Unin- corporated Areas). Approximately 0.6 mile upstream of Shady Stream Drive .. +83 Baker Canal Tributary 8 ...... At the confluence with Baker Canal ...... +76 Hillsborough County (Unin- corporated Areas). Approximately 0.7 mile upstream of Walden Sheffield +96 Road. Baker/Pemberton Creek Tribu- At the confluence with Baker Creek and Pemberton Creek +56 Hillsborough County (Unin- tary 1. corporated Areas). Approximately 0.9 mile upstream of Emerald Acres Ave- +72 nue. Baker/Pemberton Creek Tribu- At the confluence with Baker/Pemberton Creek Tributary +56 Hillsborough County (Unin- tary 2. 1. corporated Areas). Approximately 0.7 mile upstream of the confluence with +60 Baker/Pemberton Creek Tributary 1. Baker/Pemberton/Mill Creek..... At the confluence with Baker Canal and Lake +44 Hillsborough County (Unin- Thonotosassa Tributary. corporated Areas), City of Plant City. Approximately 200 feet upstream of North Wheeler Street +115 Bassett Branch ...... At the confluence with Hillsborough River ...... +37 Hillsborough County (Unin- corporated Areas), City of Tampa. At the Hillsborough County boundary ...... +63 Big Bend ...... At the confluence with Bullfrog Creek ...... +31 Hillsborough County (Unin- corporated Areas). Approximately 0.8 mile upstream of Simmons Loop ...... +52 Blackwater Creek ...... At the confluence with Hillsborough River ...... +49 Hillsborough County (Unin- corporated Areas). Approximately 0.9 mile upstream of Canaan Avenue ...... +109 Brooker Creek ...... At the Hillsborough County boundary ...... +27 Hillsborough County (Unin- corporated Areas). At Farmer Road ...... +39 Brushy Creek ...... At the confluence with Rocky Creek ...... +25 Hillsborough County (Unin- corporated Areas). Approximately 1,350 feet upstream of Dale Marby High- +54 way North. Brushy Creek Branch 2 ...... At the confluence with Brushy Creek ...... +39 Hillsborough County (Unin- corporated Areas). Approximately 30 feet upstream of Hutchison Road ...... +51
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Brushy Creek Tributary 1 ...... At the confluence with Brushy Creek ...... +47 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Country Lake Drive ..... +51 Bullfrog Creek ...... Approximately 1.4 miles upstream of the railroad ...... +11 Hillsborough County (Unin- corporated Areas). Approximately 0.7 mile upstream of Edina Street ...... +92 Bullfrog Creek Tributary 1 ...... At the confluence with Bullfrog Creek ...... +26 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Lincoln Road ...... +43 Bullfrog Creek Tributary 2 ...... At the confluence with Bullfrog Creek ...... +58 Hillsborough County (Unin- corporated Areas). Approximately 0.4 mile upstream of West Lake Drive ...... +67 Bullfrog Creek Tributary 3 ...... At the confluence with Bullfrog Creek ...... +64 Hillsborough County (Unin- corporated Areas). Approximately 40 feet upstream of County Road 672 ...... +130 Campbell Branch ...... At the confluence with Flint Creek ...... +38 Hillsborough County (Unin- corporated Areas). Approximately 1,500 feet downstream of Branch Forbes +90 Road. Campbell Branch Tributary 1 .... At the confluence with Campbell Branch ...... +50 Hillsborough County (Unin- corporated Areas). Approximately 50 feet downstream of Thonotosassa Road +52 Carlton Branch ...... At the confluence with Little Manatee River ...... +46 Hillsborough County (Unin- corporated Areas). Approximately 0.3 mile upstream of Huckleberry Road ..... +118 Carlton Branch Tributary 1 ...... At the confluence with Carlton Branch ...... +60 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Leonard Lee Road ...... +92 Carlton Branch Tributary 2 ...... At the confluence with Carlton Branch ...... +69 Hillsborough County (Unin- corporated Areas). Approximately 0.5 mile upstream of Balm Wimauma Road +116 Carlton Branch Tributary 3 ...... At the confluence with Carlton Branch ...... +88 Hillsborough County (Unin- corporated Areas). Approximately 25 feet upstream of Sweat Loop Road ...... +114 Carlton Branch Tributary 3.1 .... At the confluence with Carlton Branch Tributary 3 ...... +89 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Balm Wimauma Road +108 Clay Gulley East ...... At the confluence with Hillsborough River ...... +36 Hillsborough County (Unin- corporated Areas). At Dormany Road ...... +75 Clay Gulley East Tributary 2 .... At the confluence with Clay Gulley East ...... +58 Hillsborough County (Unin- corporated Areas). At Five Acre Road ...... +60 Clay Gulley East Tributary 4 .... At the confluence with Clay Gulley East Tributary 6 ...... +48 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Five Acre Road ...... +58 Clay Gulley East Tributary 5 .... At the confluence with Clay Gulley East ...... +45 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Brunt Barn Avenue ..... +68 Clay Gulley East Tributary 6 .... At the confluence with Clay Gulley East ...... +45 +Hillsborough County (Unin- corporated Areas). Approximately 0.9 miles upstream of the confluence with +62 Clay Gulley East Tributary 4. Clay Gulley East Tributary 7 .... At the confluence with Clay Gulley East ...... +45 Hillsborough County (Unin- corporated Areas). Approximately 450 feet upstream of Warren Byrd Lane .... +49 Clay Gulley East Tributary 8 .... At the confluence with Clay Gulley East ...... +67 Hillsborough County (Unin- corporated Areas). Approximately 0.7 mile upstream of the confluence with +72 Clay Gulley East. Clay Gulley West ...... At the confluence with Hillsborough River ...... +35 Hillsborough County (Unin- corporated Areas), City of Tampa. At the Hillsborough County Boundary ...... +59 Cow House Creek ...... At the confluence with Hillsborough River ...... +27 Hillsborough County (Unin- corporated Areas), City of Temple Terrace. Approximately 2.7 miles upstream of the confluence of +35 Tampa Bypass Canal.
VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations 18203
*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Curiosity Creek ...... At the confluence with Little Manatee River ...... +9 Hillsborough County (Unin- corporated Areas). Approximately 1.2 miles upstream of Lightfoot Road ...... +17 Curiosity Creek (near City of Approximately 100 feet upstream of Fowler Avenue ...... +32 Hillsborough County (Unin- Tampa). corporated Areas). Approximately 500 feet upstream of West Bearss Avenue +48 Curiosity Creek Tributary 1 ...... At the confluence with Curiosity Creek ...... +11 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Pinetree Circle ...... +16 Curiosity Creek Tributary 1.1 .... At the confluence with Curiosity Creek Tributary 1 ...... +15 Hillsborough County (Unin- corporated Areas). Approximately 0.7 mile upstream of Butch Cassidy Trail ... +18 Cypress Creek ...... At the confluence with Little Manatee River ...... +14 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of 19th Avenue NE ...... +39 Cypress Creek (near City of At the confluence with Hillsborough River ...... +27 Hillsborough County (Unin- Tampa). corporated Areas), City of Tampa. Approximately 0.7 mile downstream of County Line Road +46 Delaney Creek ...... Approximately 1,000 feet downstream of Maydell Drive .... +11 Hillsborough County (Unin- corporated Areas). Approximately 1,500 feet upstream of Lakewood Drive +31 South. Delaney Creek Lateral C ...... At the confluence with Delaney Creek ...... +19 Hillsborough County (Unin- corporated Areas). Approximately 20 feet upstream of Rideout Road ...... +24 Delaney Creek Lateral D ...... At the confluence with Delaney Creek ...... +20 Hillsborough County (Unin- corporated Areas). Approximately 700 feet upstream of Ridein Road ...... +23 Delaney Creek Lateral E ...... At the confluence with Delaney Creek ...... +28 Hillsborough County (Unin- corporated Areas). Approximately 800 feet upstream of Palm River Road ...... +28 Delaney Creek Tributary 1 ...... At the upstream side of Causeway Boulevard ...... +11 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Maydell Drive ...... +12 Delaney Creek Tributary 2 ...... At the confluence with Delaney Creek ...... +17 Hillsborough County (Unin- corporated Areas). Approximately 900 feet upstream of Robindale Road ...... +20 Dug Creek ...... At the confluence with Little Manatee River ...... +18 Hillsborough County (Unin- corporated Areas). Approximately 0.2 mile upstream of State Road 674/Sun +69 City Center Boulevard. Dug Creek Tributary 1 ...... At the confluence with Dug Creek ...... +20 Hillsborough County (Unin- corporated Areas). Approximately 0.4 mile upstream of Ed Lane ...... +47 Dug Creek Tributary 2 ...... At the confluence with Dug Creek ...... +32 Hillsborough County (Unin- corporated Areas). Approximately 0.2 mile upstream of West Lake Drive ...... +69 Dug Creek Tributary 3 ...... At the confluence with Dug Creek ...... +60 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of West Lake Drive ...... +84 East Canal ...... At the confluence with Itchepackesassa Creek ...... +96 Hillsborough County (Unin- corporated Areas), City of Plant City. At the downstream side of Frontage Road ...... +114 East Canal Tributary ...... At the confluence with East Canal ...... +119 City of Plant City. Approximately 700 feet upstream of Crystal Terrace ...... +133 East Canal ...... At the upstream side of Frontage Road ...... +118 City of Plant City. Upstream of Frontage Road ..... Approximately 15 feet upstream of Alsobrook Street ...... +127 Flint Creek ...... At the confluence with Hillsborough River ...... +35 Hillsborough County (Unin- corporated Areas). Approximately 160 feet downstream of Kelso Road ...... +38 Gulley Branch ...... At the confluence with Little Manatee River ...... +39 Hillsborough County (Unin- corporated Areas). Approximately 2.5 miles upstream of the confluence with +94 Little Manatee River. Half Moon Lake Branch ...... At the confluence with Rocky Creek ...... +33 Hillsborough County (Unin- corporated Areas). Approximately 50 feet downstream of Vanderbilt Drive ..... +43
VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1 jlentini on PROD1PC65 with RULES 18204 Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations
*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Hillsborough Bay ...... Areas within MacDill Air Force Base ...... +10 Hillsborough County (Unin- corporated Areas), City of Tampa. Hillsborough River ...... Approximately 500 feet downstream of Temple Terrace .... +23 Hillsborough County (Unin- corporated Areas), City of Tampa, City of Temple Terrace. Approximately 700 feet upstream of the confluence of Big +52 Ditch Creek. Hollomans Branch ...... At the confluence with Hillsborough River ...... +35 Hillsborough County (Unin- corporated Areas). Approximately 0.7 mile upstream of West Knights Griffin +97 Road. Hollomans Branch Tributary 1 .. At the confluence with Hollomans Branch ...... +69 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of Dormany Road ...... +76 Hollomans Branch Tributary 2 .. At the confluence with Hollomans Branch ...... +62 Hillsborough County (Unin- corporated Areas). At the downstream side of Platt Road ...... +91 Hollomans Branch Tributary 3 .. At the confluence with Hollomans Branch ...... +55 Hillsborough County (Unin- corporated Areas). Approximately 0.6 mile upstream of Knights Griffin Road .. +71 Howard Prairie Branch ...... At the confluence with Little Manatee River ...... +57 Hillsborough County (Unin- corporated Areas). Approximately 40 feet upstream of South County Road 39 +109 Howard Prairie Branch Tribu- At the confluence with Howard Prairie Branch ...... +57 Hillsborough County (Unin- tary 1. corporated Areas). Approximately 3.2 miles upstream of Grange Hall Loop .... +73 Howard Prairie Branch Tribu- At the confluence with Howard Prairie Branch ...... +76 Hillsborough County (Unin- tary 2. corporated Areas). Approximately 50 feet upstream of South County Road 39 +117 Itchepackesassa Creek ...... At the confluence with Blackwater Creek ...... +88 Hillsborough County (Unin- corporated Areas). Approximately 1.3 miles upstream of Knights Griffin Road +112 Itchepackesassa Creek Tribu- At the confluence with Itchepackesassa Creek ...... +104 Hillsborough County (Unin- tary 1. corporated Areas). Approximately 1.1 miles upstream of Knights Griffin Road +110 Itchepackesassa Creek Tribu- At the confluence with Itchepackesassa Creek ...... +101 Hillsborough County (Unin- tary 2. corporated Areas). Approximately 0.5 mile upstream of the confluence with +103 Itchepackesassa Creek. Lake Thonotosassa Tributary ... At Thonotosassa Road ...... +38 Hillsborough County (Unin- corporated Areas). At the confluence of Baker Creek and Baker Canal ...... +44 Little Bullfrog Creek ...... At the confluence with Bullfrog Creek ...... +33 Hillsborough County (Unin- corporated Areas). Approximately 0.6 mile upstream of Big Bend Road ...... +80 Little Manatee River ...... Approximately 800 feet downstream of I–75 ...... +9 Hillsborough County (Unin- corporated Areas). Approximately 2.2 miles upstream of Taylor Gill Road ...... +99 Little Manatee River Tributary At the confluence with Little Manatee River Tributary 2 ..... +9 Hillsborough County (Unin- 2.2. corporated Areas). Approximately 600 feet upstream of Butch Cassidy Trail .. +28 Little Manatee River Tributary At the confluence with Little Manatee River Tributary 2 ..... +9 Hillsborough County (Unin- 2.1. corporated Areas). Approximately 980 feet upstream of Lightfoot Road ...... +17 Little Manatee River Tributary 1 At the confluence with Little Manatee River ...... +9 Hillsborough County (Unin- corporated Areas). At 30th Street SE ...... +9 Little Manatee River Tributary At the confluence with Little Manatee River ...... +57 Hillsborough County (Unin- 10. corporated Areas). Approximately 1.1 miles upstream of State Road 674 ...... +105 Little Manatee River Tributary At the confluence with Little Manatee River ...... +61 Hillsborough County (Unin- 11. corporated Areas). Approximately 1.6 miles upstream of the confluence with +83 Little Manatee River. Little Manatee River Tributary At the confluence with Little Manatee River ...... +72 Hillsborough County (Unin- 12. corporated Areas). Approximately 50 feet upstream of State Road 674 ...... +116
VerDate Aug<31>2005 17:54 Apr 02, 2008 Jkt 214001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1 jlentini on PROD1PC65 with RULES Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Rules and Regulations 18205
*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Little Manatee River Tributary At the confluence with Little Manatee River ...... +72 Hillsborough County (Unin- 13. corporated Areas). Approximately 0.3 mile upstream of State Road 674 ...... +120 Little Manatee River Tributary 2 At the confluence with Little Manatee River ...... +9 Hillsborough County (Unin- corporated Areas). Approximately 50 feet upstream of U.S. Route 301 ...... +21 Little Manatee River Tributary 3 At the confluence with Little Manatee River ...... +15 Hillsborough County (Unin- corporated Areas). Approximately 600 feet upstream of Palmetto Road ...... +19 Little Manatee River Tributary 4 At the confluence with Little Manatee River ...... +35 Hillsborough County (Unin- corporated Areas). Approximately 1.3 miles upstream of the confluence with +54 Little Manatee River. Little Manatee River Tributary 5 At the confluence with Little Manatee River ...... +36 Hillsborough County (Unin- corporated Areas). Approximately 1.4 miles upstream of the confluence of Lit- +85 tle Manatee River Tributary 5.1. Little Manatee River Tributary At the confluence with Little Manatee River Tributary 5 ..... +53 Hillsborough County (Unin- 5.1. corporated Areas). Approximately 0.9 mile upstream of the confluence with +92 Little Manatee River Tributary 5. Little Manatee River Tributary 6 At the confluence with Little Manatee River ...... +40 Hillsborough County (Unin- corporated Areas). Approximately 0.3 mile upstream of Leonard Lee Road .... +56 Little Manatee River Tributary 7 At the confluence with Little Manatee River ...... +44 Hillsborough County (Unin- corporated Areas). Approximately 1.1 miles upstream of the confluence of Lit- +79 tle Manatee River Tributary 7.1. Little Manatee River Tributary At the confluence with Little Manatee River Tributary 7 ..... +53 Hillsborough County (Unin- 7.1. corporated Areas). Approximately 1.0 mile upstream of the confluence with +81 Little Manatee River Tributary 7. Little Manatee River Tributary 8 At the confluence with Little Manatee River ...... +50 Hillsborough County (Unin- corporated Areas). Approximately 0.5 mile upstream of Grange Hall Loop ...... +72 Little Manatee River Tributary 9 At the confluence with Little Manatee River ...... +51 Hillsborough County (Unin- corporated Areas). Approximately 1.6 miles upstream of Grange Hall Loop .... +59 Lower Sweetwater Creek Tribu- Approximately 500 feet downstream of Sawyer Road ...... +10 Hillsborough County (Unin- tary 1. corporated Areas). Approximately 800 feet upstream of Paris Street West ..... +33 Mil Lake Tributary ...... Approximately 0.4 mile downstream of Livingston Avenue +35 Hillsborough County (Unin- corporated Areas). Approximately 65 feet downstream of Livingston Avenue .. +42 Mill Creek Tributary 1 ...... At the confluence with Mill Creek ...... +105 Hillsborough County (Unin- corporated Areas). Approximately 25 feet upstream of Bennett Road ...... +108 Mill Creek Tributary 2 ...... At the confluence with Mill Creek ...... +106 Hillsborough County (Unin- corporated Areas), City of Plant City. Approximately 0.6 mile upstream of Interstate 4 ...... +108 New River ...... At the confluence with Hillsborough River ...... +41 Hillsborough County (Unin- corporated Areas), City of Tampa. Approximately 2,000 feet upstream of Morris Bridge Road +63 New River East ...... At the confluence with New River ...... +47 Hillsborough County (Unin- corporated Areas). At the Hillsborough County boundary ...... +66 North Archie Creek...... Approximately 1,500 feet downstream of 78th Street +11 Hillsborough County (Unin- South. corporated Areas). At the upstream side of Valhalla Pond Drive ...... +28 North Lake Tributary ...... At the upstream side of Pebble Beach Boulevard ...... +38 Hillsborough County (Unin- corporated Areas). Approximately 0.3 mile upstream of Cherry Hills Drive ...... +54 North Prong Bullfrog Creek ...... At the confluence with Bullfrog Creek ...... +53 Hillsborough County (Unin- corporated Areas). Approximately 1.4 miles upstream of the confluence with +85 Bullfrog Creek.
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Pemberton Creek Tributary 1 ... At the confluence with Pemberton Creek ...... +78 Hillsborough County (Unin- corporated Areas). At U.S. Highway 92 ...... +83 Pierce Branch ...... At the confluence with Little Manatee River ...... +50 Hillsborough County (Unin- corporated Areas). Approximately 2.1 miles upstream of the confluence of +124 Pierce Branch Tributary 3. Pierce Branch Tributary 1 ...... At the confluence with Pierce Branch ...... +79 Hillsborough County (Unin- corporated Areas). Approximately 0.8 mile upstream of the confluence with +110 Pierce Branch. Pierce Branch Tributary 2 ...... At the confluence with Pierce Branch ...... +99 Hillsborough County (Unin- corporated Areas). Approximately 1.9 miles upstream of the confluence with +117 Pierce Branch. Pierce Branch Tributary 3 ...... At the confluence with Pierce Branch ...... +101 Hillsborough County (Unin- corporated Areas). Approximately 30 feet upstream of Sweat Loop Road ...... +115 Ponding Area ...... Entire shoreline within community ...... +35 City of Temple Terrace. Ponding Area ...... Approximately 400 feet northwest of the intersection of +53.8 Hillsborough County (Unin- Ojai Avenue and Hacienda Drive. corporated Areas). Ponding Area ...... Approximately 400 feet northwest of the intersection of +19.1 Hillsborough County (Unin- Kings Green Drive and Vilmont Greens Drive. corporated Areas). Ponding Area ...... Approximately 200 feet east of the intersection of 36th +29.1 Hillsborough County (Unin- Street and Myrtle Tree Lane. corporated Areas). Ponding Area ...... Approximately 100 feet east of the intersection of Vilmont +29.9 Hillsborough County (Unin- Greens Drive and Kensington Greens Drive. corporated Areas). Ponding Area ...... Approximately 370 feet northeast of the intersection of +35.6 Hillsborough County (Unin- Radison Avenue and Radison Lake Court. corporated Areas). Ponding Area ...... Approximately 500 feet northeast of the intersection of +35.6 Hillsborough County (Unin- Kings Boulevard and McDaniel Street. corporated Areas). Ponding Area ...... Approximately 400 feet southeast of the intersection of +36.5 Hillsborough County (Unin- Olive Branch Drive and Oxford Park Drive. corporated Areas). Ponding Area ...... Approximately 500 feet southeast of the intersection of +37.8 Hillsborough County (Unin- Vista Greens Drive and New Point Loop. corporated Areas). Ponding Area ...... Approximately 1,600 feet east of the intersection of Vista +33 Hillsborough County (Unin- Greens Drive and New Point Loop. corporated Areas). Ponding Area ...... Approximately 600 feet southwest of the intersection of +59.1 Hillsborough County (Unin- Chipper Drive and Pebble Beach Boulevard. corporated Areas). Ponding Area ...... Approximately 600 feet southwest of the intersection of +51.4 Hillsborough County (Unin- Council Drive and Pebble Beach Boulevard. corporated Areas). Ponding Area ...... Approximately 300 feet southwest of the intersection of +34 Hillsborough County (Unin- Foxhunt Drive and Finsbury Circle. corporated Areas). Ponding Area ...... Approximately 300 feet southwest of the intersection of +31 Hillsborough County (Unin- Foxhunt Drive and Foxglove Circle. corporated Areas). Ponding Area ...... Approximately 800 feet southeast of the intersection of +44.7 Hillsborough County (Unin- Nebraska Avenue and 139th Avenue. corporated Areas). Ponding Area ...... Approximately 1,300 feet southeast of the intersection of +39.3 Hillsborough County (Unin- Nebraska Avenue and 139th Avenue. corporated Areas). Ponding Area ...... Approximately 300 feet northeast of the intersection of Lu- +43.4 Hillsborough County (Unin- cerne Drive and 143rd Avenue. corporated Areas). Ponding Area ...... Approximately 200 feet northeast of the intersection of +43.8 Hillsborough County (Unin- Skipper Road and 16th Street. corporated Areas). Ponding Area ...... Approximately 800 feet northwest of the intersection of +52.7 Hillsborough County (Unin- Ojai Avenue and El Rancho Drive. corporated Areas). Ponding Area ...... Approximately 500 feet southeast of the intersection of +42.7 Hillsborough County (Unin- Emerald Lake Drive and Del Webb Boulevard. corporated Areas). Ponding Area...... Approximately 400 feet south of the intersection of +37 Hillsborough County (Unin- Foxhunt Drive and Finsbury Circle. corporated Areas). Ponding Areas ...... Entire shoreline within community, lowest range of ele- +105 City of Plant City. vations found. Entire shoreline within community, highest range of ele- +145 vations found. Ponding Areas ...... Entire shoreline within community, lowest range of ele- +8 Hillsborough County (Unin- vations found. corporated Areas). Entire shoreline within community, highest range of ele- +143 vations found.
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Ponding Areas ...... Entire shoreline within community, lowest range of ele- +12 City of Tampa. vations found. Entire shoreline within community, highest range of ele- +62 vations found. Rocky Creek ...... Approximately 1,400 feet downstream of Linebaugh Ave- +13 Hillsborough County (Unin- nue. corporated Areas). Approximately 300 feet upstream of Hammock Woods +46 Drive. Rocky Creek Tributary 1 ...... At the confluence with Turkey Ford Lake ...... +56 Hillsborough County (Unin- corporated Areas). Approximately 0.8 mile upstream of Fishermans Bend +63 Drive. Ruskin Inlet/Marsh Branch ...... Approximately 350 feet downstream of College Avenue .... +9 Hillsborough County (Unin- corporated Areas). Approximately 0.8 mile upstream of 14th Avenue SE ...... +21 Six Mile Creek ...... At the confluence with Tampa Bypass Canal ...... +11 Hillsborough County (Unin- corporated Areas). Approximately 450 feet upstream of Orient Road ...... +26 South Fork Little Manatee River At the confluence with Little Manatee River ...... +35 Hillsborough County (Unin- corporated Areas). At the Hillsborough County boundary ...... +45 Spartman Branch ...... At the confluence with Pemberton Creek ...... +88 Hillsborough County (Unin- corporated Areas), City of Plant City. At Mud Lake Road ...... +125 Sweetwater Creek ...... Approximately 500 feet upstream of Hanley Road ...... +10 Hillsborough County (Unin- corporated Areas). Approximately 65 feet upstream of Orange Grove Drive ... +43 Sweetwater Creek Channel H .. At the confluence with Sweetwater Creek ...... +18 Hillsborough County (Unin- corporated Areas). Approximately 75 feet downstream of Waters Avenue ...... +30 Tadpole Creek ...... At the confluence with Bullfrog Creek ...... +24 Hillsborough County (Unin- corporated Areas). Approximately 70 feet upstream of U.S. Highway 301 ...... +42 Tampa Bay ...... Areas within MacDill Air Force Base ...... +9 Hillsborough County (Unin- corporated Areas), City of Tampa. Tampa Bypass Canal ...... At Gate S–160 ...... +11 Hillsborough County (Unin- corporated Areas). At the confluence of Cow House Creek ...... +35 Tampa Bypass Canal Main At the confluence with Tampa Bypass Canal ...... +15 Hillsborough County (Unin- Ditch. corporated Areas). Approximately 1.5 miles upstream of Eureka Springs +18 Road. Tampa Bypass Canal Tributary At the confluence with Tampa Bypass Canal ...... +11 Hillsborough County (Unin- 1. corporated Areas). Approximately 40 feet downstream of Lakewood Drive ..... +34 Tampa Bypass Canal Tributary At the confluence with Tampa Bypass Canal Tributary 1 .. +15 Hillsborough County (Unin- 1 South Branch. corporated Areas). Approximately 300 feet upstream of the confluence with +16 Tampa Bypass Canal Tributary 1. Tampa Bypass Canal Tributary Approximately 200 feet upstream of the confluence with +10 Hillsborough County (Unin- 2. Tampa Bypass Canal. corporated Areas). Approximately 20 feet upstream of railroad ...... +22 Tiger Creek ...... At the confluence with Blackwatch Creek ...... +83 Hillsborough County (Unin- corporated Areas). On the upstream side of Half Mile Road ...... +100 Trout Creek ...... At the confluence with Hillsborough River ...... +35 Hillsborough County (Unin- corporated Areas), City of Tampa. At the Hillsborough County boundary ...... +49 Tucker Rhodine ...... Approximately 0.3 mile from the confluence with Bullfrog +22 Hillsborough County (Unin- Creek. corporated Areas). Approximately 0.6 mile upstream of the confluence with +39 Bullfrog Creek. Two Hole Branch ...... At the confluence with Hillsborough River ...... +37 Hillsborough County (Unin- corporated Areas). Approximately 1.5 miles upstream of Bruton Road ...... +93
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Two Hole Branch Tributary 1 ... At the confluence with Two Hole Branch ...... +69 Hillsborough County (Unin- corporated Areas). Approximately 2.6 miles upstream of Bob Smith Avenue .. +97 Wildcat Creek ...... Approximately 1.7 miles upstream of the confluence with +9 Hillsborough County (Unin- Little Manatee River. corporated Areas). Approximately 0.7 mile upstream of Stephens Road ...... +15
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Plant City Maps are available for inspection at the Plant City City Hall, 302 West Reynolds Street, Plant City, Florida. City of Tampa Maps are available for inspection at the City of Tampa Construction Services Center, 1400 North Boulevard, Tampa, Florida. City of Temple Terrace Maps are available for inspection at the City of Temple Terrace Engineering Department, 11210 North 53rd Street, Temple Terrace, Florida. Unincorporated Areas of Hillsborough County Maps are available for inspection at the Hillsborough County Department of Planning and Growth Management, 5701 East Hillsborough Ave- nue, Suite 1140, Tampa, Florida.
Lee County, Florida and Incorporated Areas Docket No.: FEMA–D–7680
Bayshore Creek ...... Approximately 600 feet downstream of Jamestown Circle +7 Lee County (Unincorporated Areas). At Nalle Grade Road ...... +23 Bedman Creek/Dog Canal ...... Approximately 700 feet downstream of Palm Beach Bou- +8 Lee County (Unincorporated levard. Areas). Approximately 2.6 miles upstream of Weir S–D–2 ...... +26 Billy Creek ...... At upstream side of Veronica Shoemaker Boulevard ...... +8 Lee County (Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile upstream of Oritz Circle ...... +17 Caloosahatchee River ...... At intersection of Cohn Road and Marsh Cove Lane ...... +8 Lee County (Unincorporated Areas), City of Cape Coral, City of Fort Myers. Approximately 0.4 mile south of intersection of Tarpon Es- +11 tates Boulevard and Tarpon Estates Court. Carrell Canal...... Approximately 900 feet upstream of confluence with +7 City of Fort Myers. Caloosahatchee River. Approximately 375 feet upstream of Evans Avenue ...... +13 Chapel Branch Creek ...... Approximately 600 feet downstream of Samville Road ...... +7 Lee County (Unincorporated Areas). Approximately 650 feet upstream of Rich Road ...... +20 Charlotte Harbor ...... At intersection of Kismet Parkway and Burnt Stove Road +6 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.7 mile west from Old Burnt Stove Road +10 and 48th Terrace intersection (follow Yucca Creek). Cypress Creek ...... Approximately 800 feet downstream of North River Road +8 Lee County (Unincorporated Areas). Approximately 3.0 miles upstream of North River Road .... +18 Daughtrey Creek ...... Approximately 0.4 mile downstream of Bayshore Road ..... +7 Lee County (Unincorporated Areas). Approximately 0.9 mile upstream of Nalle Grade Road ..... +24 East Branch Daughtrey Creek .. At downstream side of Bayshore Road ...... +7 Lee County (Unincorporated Areas). At Nalle Grade Road ...... +23 East Branch Yellow Fever Approximately 0.2 mile downstream of Pine Island Road .. +7 Lee County (Unincorporated Creek. Areas), City of Cape Coral. At upstream side of U.S. 41 Culvert ...... +18 Estero Bay ...... Approximately 0.3 mile west of intersection of Baybridge +11 Lee County (Unincorporated Boulevard and Bridge Run Court. Areas), City of Bonita Springs, Town of Fort Myers Beach. Approximately 0.5 mile west of intersection of Redfish +15 Street and Spring Creek Drive.
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Estero River ...... Approximately 0.4 mile downstream of South Tamiami +11 Lee County (Unincorporated Trail. Areas). Approximately 0.4 mile upstream of I–75 ...... +21 Fichter Creek ...... Approximately 1,000 feet upstream of the confluence with +7 Lee County (Unincorporated Caloosahatchee River. Areas). Approximately 50 feet upstream of Fichters Creek Lane ... +15 Ford Street Canal ...... At upstream side of Gallee Way ...... +9 City of Fort Myers. Approximately 200 feet downstream of Hanson Street ...... +18 Gulf of Mexico ...... Approximately 1,000 feet west of the Pelican Pass and +8 Lee County (Unincorporated Charlotte Harbor Mouth (Cayo Costa Island). Areas), City of Bonita Springs, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet west of intersection of Estero Bou- +20 levard and Hickory Boulevard. Halfway Creek ...... Approximately 0.6 mile downstream of U.S. Route 41 ...... +11 Lee County (Unincorporated Areas). Approximately 100 feet upstream of Railroad ...... +16 Halls Creek ...... Approximately 500 feet upstream of North River Road ...... +7 Lee County (Unincorporated Areas). Approximately 0.6 mile upstream of North River Road ...... +13 Hancock Creek ...... Approximately 100 feet upstream of Barrett Road ...... +7 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 100 feet upstream of Diplomat Parkway ..... +11 Hickey Creek ...... Approximately 1,000 feet upstream of Palm Beach Boule- +8 Lee County (Unincorporated vard. Areas). At the confluence of Hickey Creek Drainageway ...... +10 Hickey Creek (upstream of At confluence of Hickey Creek ...... +10 Lee County (Unincorporated Hickey Creek Drainageway). Areas). Approximately 800 feet upstream of confluence of Hickey +10 Creek. Hickey Creek Drainageway ...... At the confluence with Hickey Creek ...... +10 Lee County (Unincorporated Areas). Approximately 1.1 miles upstream of 17th Street ...... +22 Kickapoo Creek ...... At upstream side of Bayshore Road ...... +8 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of Old Bayshore Road .. +8 L–3 Canal ...... At the confluence with L Canal ...... +8 Lee County (Unincorporated Areas), City of Fort Myers. Approximately 0.4 mile upstream of Fowler Street ...... +14 Leitner Creek ...... Approximately 800 feet upstream of Terry Street ...... +12 City of Bonita Springs. Approximately 0.3 mile upstream of I–75 ...... +14 Manuels Branch ...... At upstream side of McGregor Boulevard ...... +7 City of Fort Myers. Approximately 975 feet upstream of Evans Avenue ...... +12 Marsh Point Creek ...... At upstream side of Bayshore Road ...... +7 Lee County (Unincorporated Areas). At Payne Lane ...... +14 Matlacha Pass ...... Approximately 0.5 mile east of intersection of Game Bird +6 Lee County (Unincorporated Lane and Ficus Tree Lane. Areas), City of Cape Coral. Approximately 0.7 mile east of intersection of Tropical +11 Point Drive and Cove Street. Mullock Creek ...... Approximately 300 feet downstream of Constitution Circle +10 Lee County (Unincorporated Areas). At Oriole Road ...... +15 Mullock Creek Tributary ...... Approximately 0.2 mile downstream of South Tamiami +11 Lee County (Unincorporated Trail. Areas). Approximately 150 feet upstream of South Tamiami Trail +13 North Colonial Waterway ...... At the confluence with Ten Mile Canal ...... +17 City of Fort Myers. Approximately 400 feet upstream of Milan Drive ...... +17 Oak Creek ...... At Imperial Street ...... +11 City of Bonita Springs. Approximately 1,000 feet upstream of Imperial Street ...... +11 Orange River ...... Approximately 2.5 miles upstream of Palm Beach Boule- +8 Lee County (Unincorporated vard. Areas). Approximately 2.5 miles upstream of Buckingham Road ... +17 Owl Creek...... Approximately 1,000 feet downstream of North River +7 Lee County (Unincorporated Road. Areas). Approximately 0.2 mile upstream of Shirley Lane ...... +20
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
Palm Creek ...... At downstream side of Bayshore Road ...... +7 Lee County (Unincorporated Areas). Approximately 50 feet downstream of Sharon Drive ...... +22 Pine Island Sound ...... Approximately 500 feet west of intersection of State Route +6 Lee County (Unincorporated 767 and Helen Road. Areas), City of Sanibel. At intersection of Seair Lane and Sol Vista Drive on +12 Captiva Island. Popash Creek ...... Approximately 0.3 mile upstream of Bayshore Road ...... +7 Lee County (Unincorporated Areas). At County boundary ...... +25 Powell Bypass ...... At Weir Valencia ...... +12 Lee County (Unincorporated Areas). Approximately 2.0 miles upstream of Mellow Drive ...... +20 Powell Creek ...... Approximately 0.3 mile upstream of Brooks Road ...... +7 Lee County (Unincorporated Areas). At Weir Valencia ...... +12 Powell Creek Tributary No. 1 ... At confluence with Powell Creek ...... +7 Lee County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with +10 Powell Creek. San Carlos Bay ...... At intersection of Sanibel Boulevard and Bay View Ave- +7 Lee County (Unincorporated nue. Areas), City of Cape Coral, City of Sanibel, Town of Fort Myers Beach. Approximately 500 feet south of intersection of Punta +20 Rassa Road and McGregor Boulevard. Six Mile Cypress Slough ...... At confluence with Ten Mile Canal ...... +13 Lee County (Unincorporated Areas), City of Fort Myers. At State Route 82 ...... +22 South Branch ...... At confluence with Estero River ...... +13 Lee County (Unincorporated Areas). At upstream side of I–75 ...... +17 Spanish Canal ...... At confluence with Spanish Creek ...... +13 Lee County (Unincorporated Areas). Approximately 0.8 mile upstream of confluence with Span- +18 ish Creek. Spanish Creek...... Approximately 900 feet upstream of confluence with +8 Lee County (Unincorporated Caloosahatchee River. Areas). Approximately 0.2 mile upstream of Persimmon Ridge +19 Road. Spring Creek ...... Approximately 500 feet downstream of Railroad ...... +11 City of Bonita Springs. Approximately 0.4 mile upstream of Railroad ...... +13 Stricklin Gully ...... At confluence with Trout Creek/Curry Lake Canal ...... +13 Lee County (Unincorporated Areas). Approximately 1.4 miles upstream of confluence with +18 Trout Creek/Curry Lake Canal. Stroud Creek ...... Approximately 100 feet upstream of Bayshore Road ...... +7 Lee County (Unincorporated Areas). Approximately 0.2 mile upstream of St. Paul Road ...... +23 Telegraph Creek ...... Approximately 1,000 feet upstream of confluence with +8 Lee County (Unincorporated Caloosahatchee River. Areas). Approximately 1.5 miles upstream of Telegraph Creek +18 Lane. Ten Mile Canal ...... Approximately 1,500 feet downstream of Briarcliff Road ... +11 Lee County (Unincorporated Areas), City of Fort Myers. At Hanson Street ...... +17 Trout Creek/Curry Lake Canal At downstream side of North River Road ...... +8 Lee County (Unincorporated Areas). At County boundary ...... +23 Winkler Canal ...... Approximately 700 feet upstream of the confluence with +7 City of Fort Myers. Caloosahatchee River. Approximately 125 feet upstream of Evans Avenue ...... +14 Yellow Fever Creek ...... Approximately 1,000 feet downstream of Pine Island Road +7 Lee County (Unincorporated Areas), City of Cape Coral. Approximately 0.5 mile upstream of Littleton Road ...... +11
* National Geodetic Vertical Datum.
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*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities #Depth in feet affected above ground Modified
+ North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Bonita Springs Maps are available for inspection at the City of Bonita Springs Administration Office, 9101 Bonita Beach Road, Bonita Springs, Florida. City of Cape Coral Maps are available for inspection at the City of Cape Coral Community Development Department, 1015 Cultural Park Boulevard, Cape Coral, Florida. City of Fort Myers Maps are available for inspection at the City of Fort Myers Community Development Department, 1825 Hendry Street, Suite 101, Fort Myers, Florida. Town of Fort Myers Beach Maps are available for inspection at the Town of Fort Myers Beach Council Chambers, 2523 Estero Boulevard, Fort Myers Beach, Florida. City of Sanibel Maps are available for inspection at the Sanibel City Hall, Planning Department, 800 Dunlop Road, Sanibel, Florida. Unincorporated Areas of Lee County Maps are available for inspection at the Lee County Community Development Department, 1500 Monroe Street, 2nd Floor, Fort Myers, Florida.
Range of elevations Source of flooding and location in feet (NAVD)
FLORIDA
Marion County (FEMA Docket No. D–7668) City of Belleview Unnamed Ponding Areas ...... +65–+108 Maps available for inspection at the Belleview City Hall, Public Works Department, 5343 Southeast Abshier Boulevard, Belleview, Florida. City of Dunnellon Unnamed Ponding Areas ...... +32–+69 Maps available for inspection at the Dunnellon City Hall, 20750 River Drive Dunnellon, Florida. Marion County (Unincorporated Areas) Unnamed Ponding Areas (primarily, but not exclusively located west of Interstate 75) ...... +6–+200 Maps available for inspection at the Marion County Transportation Department, 412 Southeast 25th Avenue, Ocala, Florida. For more information, please contact the Marion County Stormwater Division at (352) 671–8686. Town of McIntosh Orange Lake ...... +61 Maps available for inspection at the McIntosh Town Hall, 5975 Avenue G, McIntosh, Florida. City of Ocala Unnamed Ponding Areas ...... +48–+133 Maps available for inspection at the City of Ocala Engineering Department, 405 Southewast Osceola Avenue, Ocala, Florida.
*Elevation in feet (NGVD) +Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected #Depth in feet above ground Modified
Erie County, Ohio, and Incorporated Areas Docket No.: FEMA–B–7735
Boos Ditch ...... Approximately 400 feet from mouth ...... +577 Unincorporated Areas of Erie County. Mouth at Lake Erie ...... +577 Hahn Creek ...... Mouth at Lake Erie ...... +577 City of Huron. Downstream of Cleveland Road ...... +577 Huron River ...... Mouth at Lake Erie ...... +577 City of Huron. Approximately 3,700 feet upstream of Norfolk Southern +577 Corporation Railroad.
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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
Lake Erie ...... Entire Lake Erie coastline from the western City of Huron +577 City of Huron. corporate limits to eastern corporate limits. Spans mul- tiple Lake Erie reaches. Minor changes in floodplain boundaries. Entire Lake Erie coastline from the western City of Huron +577 corporate limits to eastern corporate limits. Spans mul- tiple Lake Erie reaches. Minor changes in floodplain boundaries. Entire Lake Erie coastline from the western City of Huron +577 corporate limits to eastern corporate limits. Spans mul- tiple Lake Erie reaches. Minor changes in floodplain boundaries. Entire Lake Erie coastline from the western City of Huron +577 corporate limits to eastern corporate limits. Spans mul- tiple Lake Erie reaches. Minor changes in floodplain boundaries. Lake Erie ...... Entire Lake Erie coastline from the western City of San- +577 City of Sandusky. dusky corporate limits to eastern corporate limits. Spans multiple Lake Erie reaches. Minor changes in floodplain boundaries. Lake Erie ...... Entire Lake Erie coastline from the western Village of +578 Village of Kelleys Island. Kelleys Island corporate limits to eastern corporate lim- its. Minor changes in floodplain boundaries. Lake Erie ...... Entire Lake Erie coastline within Erie County. Spans mul- +577 Unincorporated Areas of Erie tiple Lake Erie reaches. Minor changes in floodplain County. boundaries. Entire Lake Erie coastline within Erie County. Spans mul- +577 tiple Lake Erie reaches. Minor changes in floodplain boundaries. Mudbrook Creek ...... Mouth at Huron River ...... +577 City of Huron. Downstream of Mudbrook Road ...... +577 Plum Creek ...... Downstream of US6 Highway ...... +577 Unincorporated Areas of Erie County. Mouth at Lake Erie ...... +577 Sawmill Creek ...... Approximately 1,900 feet upstream from mouth ...... +577 Unincorporated Areas of Erie County. Mouth at Lake Erie ...... +577
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Huron Maps are available for inspection at Huron Township Station, 1820 Bogart Road, Huron, OH 48839. City of Sandusky Maps are available for inspection at 222 Meigs Street, Sandusky, OH 44870. Unincorporated Areas of Erie County Maps are available for inspection at 2900 Columbus Avenue, Sandusky, OH 44870. Village of Bay View Maps are available for inspection at 304 East Bay View Drive, Sandusky, OH 44870. Village of Berlin Heights Maps are available for inspection at 8 West Main Street, Berlin Heights, OH 44814. Village of Castalia Maps are available for inspection at 126 Main Street, Castalia, OH 44824. Village of Kelleys Island Maps are available for inspection at Municipal Building of Kelleys Island, 121 Addison Street, Kelley Island, OH 43438. Village of Milan Maps are available for inspection at 11 South Main Street, PO Box 1450, Milan, OH 44846.
Monroe County, New York (All Jurisdictions) Docket No.: FEMA–B–7742 and FEMA–D–7828
East Branch Larkin Creek ...... At Northbridge Road ...... +380 Town of Greece. Approximately 1,440 feet upstream of St. Andrews Dam .. +456 East Branch Red Creek ...... At confluence with Middle Branch Red Creek ...... +523 Town of Henrietta. Approximately 2,400 feet upstream of Erie Station Road .. +572
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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
East Branch Round Pond Approximately 50 feet downstream of Ridgeway Avenue +472 Town of Greece. Creek Reach 1. on 249–NY. Approximately 690 feet upstream of Indigo Creek Drive .... +515 East Branch Shipbuilders Creek At railroad ...... +328 Town of Webster. Approximately 1,800 feet upstream of Dirt Track ...... +430 East Branch Tributary Red At confluence with East Branch Red Creek ...... +530 Town of Henrietta. Creek. Approximately 150 feet upstream of East Henrietta Road +574 East Stem Middle Branch Red At confluence with Middle Branch Red Creek and West +524 Town of Henrietta. Creek. Stem Middle Branch Red Creek. Approximately 150 feet upstream of centerline of Erie Sta- +578 tion Road. Irondequoit Creek Reach 1 ...... Approximately 387 feet downstream of Linden Avenue ..... +357 Village of East Rochester. Approximately 1,600 feet upstream of Ontario Street ...... +380 Larkin Creek ...... At approximately 20 feet upstream of Lake Ontario State +255 Town of Greece, Town of Parkway. Ogden. Approximately 430 feet upstream of Black Forest Drive in +464 Town of Ogden. Middle Branch Red Creek ...... At confluence with Red Creek and East Branch Red +523 Town of Henrietta. Creek. At confluence with East and West Stem Middle Branch +524 Red Creek. Northrup Creek ...... At Flynn Road ...... +249 Town of Greece, Town of Ogden, Town of Parma, Village of Spencerport. Approximately 612 feet upstream of Wood Duck Run ...... +593 Red Creek ...... At confluence with New York State Barge Canal ...... +514 Town of Henrietta, City of Rochester, Town of Brigh- ton. At confluence with Middle and East Branch Red Creek .... +523 Round Pond Creek Reach 1 .... At Island Cottage Road ...... +257 Town of Greece. Approximately 4,400 feet downstream of Flood Control +461 Dam. South Stem East Branch Tribu- At confluence with East Branch Tributary Red Creek ...... +553 Town of Henrietta. tary Red Creek. Approximately 42 feet upstream of East Henrietta Road ... +582 West Branch Red Creek ...... At confluence with Red Creek ...... +518 City of Rochester, Town of Brighton. At Bridge to Park Dump ...... +519 West Stem Middle Branch Red At confluence with Middle Branch Red Creek and East +524 Town of Henrietta. Creek. Stem Middle Branch Red Creek. Approximately 270 feet upstream of Erie Station Road ..... +563
+ North American Vertical Datum. * National Geodetic Vertical Datum. # Depth in feet above ground. ADDRESSES City of Rochester Maps are available for inspection at Rochester City Hall, 30 Church Street, Rochester, New York. Town of Brighton Maps are available for inspection at Brighton Town Hall, 2300 Elmwood Avenue, Rochester, New York. Town of Greece Maps are available for inspection at Town of Greece Department of Public Works, 697 Long Pond Road, Rochester, New York. Town of Henrietta Maps are available for inspection at Henrietta Town Hall, 475 Calkins Road, Henrietta, New York. Town of Ogden Maps are available for inspection at Ogden Town Hall, 269 Ogden Center Road, Spencerport, New York. Town of Parma Maps are available for inspection at Parma Town Hall, 1300 Hilton-Parma Corners Road, Hilton, New York. Town of Perinton Maps are available for inspection at Perinton Town Hall, 1350 Turk Hill Road, Fairport, New York. Town of Webster Maps are available for inspection at Webster Town Hall, 1000 Ridge Road, Webster, New York. Village of East Rochester Maps are available for inspection at East Rochester Village Hall, 120 West Commercial Street, East Rochester, New York. Village of Spencerport
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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
Maps are available for inspection at Spencerport Village Building Department, 269 Ogden Center Road, Spencerport, New York.
Rutland County, Vermont (All Jurisdictions) Docket No.: FEMA–B–7746
Clarendon River ...... Approximately 1,700 feet upstream of confluence with +487 Town of Rutland. Otter Creek. At the confluence with Otter Creek ...... +487 Curtis Brook ...... At the confluence with East Creek ...... +663 Town of Rutland. Approximately 500 feet upstream of confluence with East +667 Creek. East Creek ...... At the confluence with Otter Creek ...... +532 City of Rutland, Town of Rut- land. Approximately 1.07 miles upstream of East Pittsford Road +752 Homer Stone Brook ...... At the confluence with Otter Creek ...... +630 Town of Wallingford. Approximately 75 feet upstream of confluence with Otter +632 Creek. Lake St. Catherine (Little Lake) Entire shoreline within the Town of Poultney ...... +486 Town of Poultney. Moon Brook ...... At the downstream side of Granger Street ...... +533 City of Rutland. Approximately 2,964 feet upstream of Sharon Drive ...... +699 Otter Creek ...... At upstream side of Center Rutland Dam ...... +515 Town of Clarendon, City of Rutland, Town of Danby, Town of Rutland, Town of Wallingford. Approximately 1.09 miles upstream of confluence of +642 Homer Stone Brook. Roaring Brook ...... At the confluence with Otter Creek ...... +567 Town of Wallingford. Approximately 165 feet upstream of confluence with Otter +571 Creek.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ADDRESSES City of Rutland Maps are available for inspection at Rutland City Clerk’s Office, 1 Strongs Avenue, Rutland, Vermont. Town of Clarendon Maps are available for inspection at Clarendon Town Hall, 279 Middle Road, North Clarendon, Vermont. Town of Danby Maps are available for inspection at Danby Town Hall, 130 Brook Road, Danby, Vermont. Town of Poultney Maps are available for inspection at Poultney Town Clerk’s Office, 9 Main Street, Poultney, Vermont. Town of Rutland Maps are available for inspection at Rutland Town Clerk’s Office, 181 Business Route 4, Center Rutland, Vermont. Town of Wallingford Maps are available for inspection at Wallingford Town Clerk’s Office, 75 School Street, Wallingford, Vermont.
Carroll County, Virginia, and Incorporated Areas Docket Nos.: FEMA–B–7742 & D–7828
Chestnut Creek ...... Approximately 2450 feet downstream of Cliffview Road .... +2298 Unincorporated Areas of Carroll County. Approximately 7500 feet upstream of Cliffview Road ...... +2332
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. ADDRESSES Unincorporated Areas of Carroll County Maps are available for inspection at Building Officials Office, 605–1 Pine Street, Hillsville, VA 24343.
City of Galax, Virginia Docket Nos.: FEMA–B–7742 & D–7828
Chestnut Creek ...... Just upstream of Cliffview Road ...... +2308 City of Galax.
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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
Approximately 7500 feet upstream of Cliffview Road ...... +2332
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. ADDRESSES City of Galax Maps are available for inspection at Galax Municipal Building, 111 East Grayson Street, Galax, VA 24333.
Grayson County, Virginia, and Incorporated Areas Docket Nos.: FEMA–B–7742 & D–7828
Chestnut Creek ...... Near Sewage Treatment Plant, just upstream of County +2332 Unincorporated Areas of Boundary. Grayson County. Near Sewage Treatment Plant, approximately 375 feet +2335 downstream of old Railroad Bridge.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. ADDRESSES Unincorporated Areas of Grayson County Maps are available for inspection at County Administrator’s Office, 129 Davis Street, Independence, VA 24348.
(Catalog of Federal Domestic Assistance No. Atmospheric Administration (NOAA), allocation of 658 mt of GB cod to the 97.022, ‘‘Flood Insurance.’’) Commerce. Sector. This rule also modifies the eligibility criteria for membership in Dated: March 17, 2008. ACTION: Final rule. David I. Maurstad, both the Hook Sector and the Fixed Gear Federal Insurance Administrator of the SUMMARY: This final rule implements Sector by allowing vessels without GB National Flood Insurance Program, the Georges Bank (GB) Cod Hook Sector cod landings history to join a sector. Department of Homeland Security, Federal (Hook Sector) Fishing Year (FY) 2008 DATES: Effective May 1, 2008. Emergency Management Agency. Operations Plan and Agreement, ADDRESSES: Copies of the Sector [FR Doc. E8–6911 Filed 4–2–08; 8:45 am] approved by the Administrator, Agreement, EA and the Final Regulatory BILLING CODE 9110–12–P Northeast Region, NMFS (Regional Flexibility Analysis (FRFA) are Administrator), and modifies the available from the Northeast Regional eligibility criteria for membership for Office: Patricia A. Kurkul, Regional DEPARTMENT OF COMMERCE the Hook Sector and the GB Cod Fixed Administrator, National Marine Gear Sector (Fixed Gear Sector). Fisheries Service, One Blackburn Drive, National Oceanic and Atmospheric Amendment 13 to the Northeast (NE) Gloucester, MA 01930. The EA and Administration Multispecies Fishery Management Plan FRFA are also accessible via the Internet (FMP) (Amendment 13) authorized at http://www.noaa.gov/nero/regs/ 50 CFR Part 648 allocation of up to 20 percent of the com.html. annual GB cod total allowable catch [Docket No. 071017599–8435–02] (TAC) to the Hook Sector. Pursuant to FOR FURTHER INFORMATION CONTACT: that authorization, the Sector submitted Thomas Warren, Fishery Policy Analyst, RIN 0648–AW16 an Operations Plan and Sector Contract phone (978) 281–9347, fax (978) 281– 9135, e-mail [email protected]. Magnuson-Stevens Act Provisions; entitled, ‘‘Georges Bank Cod Hook Fisheries of the Northeastern United Sector Fishing Year 2008–2009 SUPPLEMENTARY INFORMATION: A States; Northeast Multispecies Operations Plan and Agreement’’ proposed rule soliciting public Fishery; 2008 Georges Bank Cod Hook (together referred to as the Sector comment on the Sector Agreement for Sector Operations Plan and Agreement Agreement) and an Environmental the Hook Sector was published in the and Allocation of Georges Bank Cod Assessment (EA), and requested an Federal Register on March 3, 2008 (73 Total Allowable Catch allocation of GB cod, consistent with the FR 11376), with public comment FMP. This action results in accepted through March 18, 2008. The AGENCY: National Marine Fisheries authorization of the Sector Operations Regional Administrator approved the Service (NMFS), National Oceanic and Plan during the 2008 fishing year and FY 2008 Sector Operations Plan, based
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on public comment, and based on a regardless of gear used. The allocation vessels from fishing under the charter/ determination that the Operations Plan percentage is calculated by dividing the party or recreational regulations, and Agreement are consistent with the sum of total landings of GB cod landed provided the vessel fishes under the goals of the FMP and applicable law and by prospective Hook Sector members in applicable charter/party and is in compliance with the regulations FY 1996 through 2001, by the sum of recreational rules on separate trips. For governing the development and the total accumulated landings of GB each fishing trip, participating vessels operation of a sector as specified under cod landed by all NE multispecies will be required to fish under the NE § 648.87. Details pertaining to the vessels for the same time period. Based multispecies DAS program to account principal regulations applying to the upon the 19 qualifying landings for any incidental groundfish species Hook Sector, the process of review and histories of the Hook Sector members, that they may catch while fishing for GB approval of sectors, and facts regarding the Hook Sector’s share of the overall cod. In addition, participating vessels the Sector’s submission of the FY 2008 U.S. portion of the GB cod TAC is 658 will be required to call the Hook Sector Sector Agreement are contained in the mt (6.44 percent), or 1,450,566 lb (6.44 Manager prior to leaving port. All legal- proposed rule. An EA entitled percent times the fishery-wide GB cod sized cod caught would be retained and ‘‘Approval of the Georges Bank Cod target TAC of 10,222 mt). Note, the landed and counted against the Hook Hook Sector Operations Plan Fishing proposed rule contained a calculation Sector’s aggregate allocation. Year 2008’’, which analyzes the impacts error that has been corrected in this Participating vessels will not be allowed of the proposed Hook Sector operations, final rule. Specifically, the proposed to fish with or have on board gear other was also prepared. rule GB cod TAC of 614 mt was than jigs, non-automated demersal The Hook Sector was authorized to incorrect because it was based upon an longline, or handgear. NE multispecies fish in FYs 2004, 2005, 2006, and 2007, incorrect percentage share of 6.01 DAS used by participating vessels while and, based upon the GB cod landings percent, however the correct percentage conducting fishery research under an history of its members, was allocated share is 6.44 percent, which results in Exempted Fishing Permit during the FY 12.60, 11.70, 10.03, and 8.02 percent, a correct TAC of 658 mt. 2008 would be deducted from that Hook respectively, of the annual GB cod TAC. The Sector Agreement contains Sector member’s individual DAS The 2008 Sector Agreement contains allocation. Similarly, all GB cod landed procedures for the enforcement of the the same elements as the FY 2007 Sector by a participating vessel while Hook Sector rules and a schedule of Agreement. The Sector Agreement will conducting research would count penalties, and provides the authority to be overseen by a board of directors and toward the Hook Sector’s allocation of the Hook Sector Manager to issue stop a Sector Manager. The Sector’s GB cod GB cod TAC. Participating vessels will fishing orders to members of the Hook TAC is based upon the number of Sector be exempt from the GB Seasonal Closure Sector. Participating vessels will be members and their qualifying historic Area during May. landings of GB cod. The GB cod TAC is required to land fish only in designated A Letter of Authorization will be a ‘‘hard’’ TAC, meaning that, once the landing ports and would be required to issued to each member of the Hook TAC is caught, Sector vessels may not provide the Sector Manager with a copy Sector exempting them, conditional fish under a NE multispecies Day-at-Sea of the Vessel Trip Report (VTR) within upon their compliance with the Sector (DAS), possess or land GB cod or other 48 hr of offloading. Dealers purchasing Agreement, from the GOM and GB cod regulated species managed under the fish from participating vessels will be possession restrictions, the GB Seasonal FMP (regulated species), or use gear required to provide the Hook Sector Closure Area, the Western U.S./Canada capable of catching groundfish (unless Manager with a copy of the dealer report Area 72–hr observer notification fishing under charter/party or on a weekly basis. On a monthly basis, requirement, the DAS Leasing Program recreational regulations). Should the the Hook Sector Manager will transmit vessel size restrictions, differential DAS, hard TAC be exceeded, the Sector’s to NMFS a copy of the VTRs and the and the limits on the number of hooks allocation will be reduced by the aggregate catch information from these requirements as specified in overharvest in the following year. reports. After 90 percent of the Hook §§ 648.86(b)(1) and (2); 648.81(g); The FY 2008 Sector Agreement Sector’s allocation has been harvested, 648.85(a)(3)(ii)(C); 648.82(k)(4)(ix); contains exemptions from the following the Hook Sector Manager will be 648.82 (e)(2); 648.80(a)(3)(v) and restrictions of the FMP: The GB and required to provide NMFS with (a)(4)(v); and 648.80(b)(2)(v), Gulf of Maine (GOM) cod trip limit; the aggregate reports on a weekly basis. A respectively. If the effective date of the GOM, GB and Southern New England total of 1/12 of the Hook Sector’s GB cod approval of the Hook Sector is past May (SNE) limit on the number of hooks TAC, minus a reserve, will be allocated 1, 2008, the Hook Sector would be fished; the GB Seasonal Closure Area; to each month of the fishing year. GB allowed to fish under common pool the DAS Leasing Program vessel size cod quota that is not landed during a rules until the Hook Sector is approved, restrictions; differential DAS in the Gulf given month will be rolled over into the as authorized by § 648.87(b)(1)(xii). of Maine Differential DAS Area and in following month. Once the aggregate Based on the authority granted to the the SNE Differential DAS Area (those monthly quota of GB cod is reached, for Secretary of Commerce under Section portions of the differential areas which the remainder of the month, 305(d) (16 U.S.C. 1855(d)) of the overlap the Hook Sector Area); and the participating vessels may not fish under Magnuson-Stevens Act, this final rule Western U.S./Canada Area 72–hr a NE multispecies DAS, possess or land also modifies the regulations that define observer program notification. GB cod or other regulated species, or eligibility criteria for membership in the Justification for the proposed use gear capable of catching regulated Hook Sector and the Fixed Gear Sector, exemptions and analysis of the potential NE multispecies. Once the annual TAC in order to be consistent with the impacts of the Operations Plan are of GB cod is reached, Hook Sector original Council intent. The eligibility contained in the EA. members may not fish under a NE criteria for membership in the Hook A total of nineteen Hook Sector multispecies DAS, possess or land GB Sector and Fixed Gear Sector were members signed the 2008 Hook Sector cod or other regulated species, or use implemented by Amendment 13 and Contract. The GB cod TAC calculation gear capable of catching regulated NE Framework Adjustment 42 (69 FR is based upon the historic cod landings multispecies for the rest of the fishing 22906, April 27, 2004; and 71 FR 62156, of the participating Hook Sector vessels, year. The harvest rules will not preclude October 23, 2006, respectively). Of the
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several eligibility criteria for both these Sector to fish at the start of the fishing governing the Operations Plans sectors in the implementing regulations, year, constitutes good cause under approval. Due to the limited time a criterion requiring documented authority contained in 5 U.S.C. available to develop this rulemaking, landings of GB cod was not explicitly 553(d)(3), to establish an effective date there was insufficient time remaining to included as a criterion in the Council less than 30 days after the date of allow for the full 30–day delay in documents that proposed formation of publication. Because this final rule effectiveness. Therefore, for the reason the sectors. The implications of this authorizes the Hook Sector to fish under above, the AA finds good cause to waive eligibility criterion (requiring landings the Hook Sector’s Operations Plan, the 30–day delay in effectiveness and to history of GB cod) were not apparent at members of the Hook Sector may not make these regulations effective on May the time of implementation, but became fish under the Hook Sector rules until 1, 2008. apparent during the evaluation of sector the final rule is effective. If the effective Because the Hook Sector will be Operations Plans for FY 2008. Because date is delayed past May 1, 2008, the fishing under a hard TAC for GB cod, the proposed roster for the Fixed Gear members would be precluded from effort controls (i.e., the exemptions) are Sector for 2008 contains vessels that did fishing under Operations Plan rules, not necessary to constrain the impact of not land GB cod during the period 1996 which provide relief from various the Sector on the GB cod stock. Should to 2001, the current regulations would restrictions of the Fishery Management the Sector’s allocated GB cod TAC be prevent such vessels without landings Plan, and enable more efficient fishing caught, participating vessels would no from joining a sector. practices. A delay would likely result in longer be allowed to fish under a NE During the formation of the Hook economic harm to the sector members multispecies DAS, possess or land GB Sector and Fixed Gear Sector, it was by not allowing them to fish during a cod or other regulated species managed assumed that only vessels with GB cod very productive time of the fishing year. under the FMP, or use gear capable of landings would be interested in joining Under an approved Operations Plan, catching groundfish (unless fishing the sector, and therefore the landings with an effective date of May 1, 2008, under recreational or charter/party criterion was not perceived as the Hook Sector would be afforded regulations). Sector members will be exclusionary. However, NMFS exemptions from a seasonal closure on required to fish under their current NE evaluated the pertinent information Georges Bank, the differential Day-at- multispecies DAS allocation to account regarding the development of this Sea (DAS) requirement, the restriction for any other regulated NE multispecies regulation and concluded that this on number of hooks, cod possession that they may catch while fishing for GB eligibility criterion does not reflect limits, the observer notification cod and are restricted to using hook gear Council intent. Based on this requirement for the Western U.S./ only. evaluation, NMFS is correcting the Canada Area, and the DAS Leasing A FRFA was prepared as required by current regulations by eliminating the Program size restriction. The approval section 603 of the Regulatory Flexibility eligibility requirement (for landings) would coincide with the beginning of Act (RFA). A summary of the IRFA was because it precludes vessels without GB the Fishing Year, May 1, which is one published in the proposed rule for this cod landings history from joining either of the most productive months for the action and is not repeated here. A sector, and is more restrictive than fishery. If the effective date of the description of the action, why it is being Council intent. approved Operations Plan is delayed, considered, and the legal basis for this Hook Sector members would be fishing action are contained in the preamble to Comments and Responses under the more restrictive≥common the proposed rule and in the EA One pertinent comment was received pool’’ regulations until the approval. prepared for this action, and is not from a representative of the Hook Sector The GB seasonal closure and the cod repeated here. trip limits are two such regulations that on the proposed rule. Summary of the Issues Raised by Public Comment: The commenter expressed would preclude or severely constrain their fishing operations. The GB Comments in Response to the IRFA. A strong support for approval of the Hook Summary of the Assessment of the Sector Operations Plan and the seasonal closure, which includes the area traditionally fished by the Hook Agency of Such Issues, and a Statement modification to the eligibility criteria for of Any Changes Made From the the Hook Sector and the Fixed Gear Sector, would prevent the Hook Sector members from fishing on easily Proposed Rule as a Result of Such Sector. Comments Response: NMFS is approving the accessible fishing grounds. Due to the Hook Sector for FY 2008 and modifying current high cost of fuel, and the No public comments pertaining to the the eligibility criteria. relatively small size of vessels in the IRFA or the economic effects of this Hook Sector, it is not likely that vessels action were received. In this final rule, Classification would travel a long distance to fish in a minor increase was made to the size NMFS has determined that this final open areas, and there would be no of the GB cod TAC in order to correct rule is consistent with the FMP, the revenue earned. Even if vessels chose to a calculation error in the proposed rule, Magnuson-Stevens Act, and other travel to open fishing areas, they would which will result in the potential for applicable laws. This final rule has been be subject to relatively low cod trip additional revenue for the Hook Sector. determined to be not significant for the limits, and the other restrictions which Description of and Estimate of the purposes of Executive Order (E.O.) would result in low economic returns. Number of Small Entities to Which the 12866. The need to establish an effective date This final rule does not contain less than 30 days after the date of Proposed Rule Would Apply policies with federalism or ‘‘takings’’ publication results from the objective of The Small Business Administration implications as those terms are defined allowing vessels to fish in the Hook (SBA) size standard for small in E.O. 13132 and E.O. 12630, Sector as of May 1, 2008, the beginning commercial fishing entities is $ 4 respectively. of the fishing year, and the timing of the million in annual gross sales. All The Assistant Administrator for rulemaking process. The time period permitted and participating vessels in Fisheries finds that the need to under which these regulations were the groundfish fishery, including implement these measures in a timely developed was short due to the prospective Hook Sector members, are manner in order to allow the Hook complexity and length of the process considered to be small entities because
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gross sales by any one entity (vessel) do their needs (as well as the conservation members then signed a binding sector not exceed this threshold, and, therefore requirements of the FMP), is afforded a contract to abide by the measures there is no disproportionate impact larger degree of flexibility and specified in the Sector Agreement. As between large and small entities. The efficiency, which will result in described above, the approved Sector number of prospective participants in economic gains. For example, Hook Agreement minimizes economic the Hook Sector is 19 (or less), Sector members are able to plan their impacts to participating vessels by substantially less than the total number fishing activity and income in advance allowing them to operate more of active vessels in the groundfish with more certainty due to the fact that efficiently. Accordingly, the approved fishery. These 19 vessels will be subject there is a cod TAC, which is Sector Agreement reflects the to the regulatory exemptions and apportioned to each month of the year. management measures preferred by operational restrictions approved for the They are able to maximize their vessels participating in the GB Cod Hook Sector for FY 2008. efficiency (revenue per trip) due to the Hook Sector during FY 2008 and exemption from trip limits and hook Description of Steps the Agency Has represents all of the significant numbers. For some vessel owners in the Taken to Minimize the Economic alternatives that accomplish the Hook Sector, participation in the Hook Impact on Small Enitites Consistent objectives of sector provisions and Sector enables their businesses to With the Stated Objectives of Applicable minimize economic impacts to small remain economically viable. For the Statutes entities, as required by the RFA. above reasons, approval of the FY 2008 Therefore, in conjunction with the Approval of the FY 2008 Sector Sector Agreement minimizes the impact NEPA requirement to consider a Agreement results in an allocation of on small entities. reasonable range of alternatives, no 658 mt of GB cod to the Hook Sector, In contrast, under the No Action other alternatives were considered prior and minimization of economic impacts alternative, all Sector members would to approval of this action. on the Hook Sector. Once the GB cod have remained in the common pool of Modification of the eligibility criteria TAC is harvested, participating vessels vessels and fished under all the rules for the Hook Sector and the Fixed Gear would not be allowed to fish under a NE implemented by Amendment 13 and Sector will allow vessels without a multispecies DAS, possess or land GB subsequent Framework Adjustments. history of landing GB cod the cod, or other regulated species managed Under the regulatory scenario of the No opportunity to participate in a sector under the FMP, or use gear capable of Action alternative, relative to the and to therefore take advantage of the catching groundfish (unless fishing preferred alternative, Sector members associated sector efficiencies and under recreational or party/charter would likely have faced increased financial benefits. Although, the number regulations). Hook Sector vessels may economic uncertainty, loss of efficiency, of vessels that this modification will only fish with jigs, non-automated and loss of revenue. Because cod impact is likely very small, this change demersel longline, or handgear. Under usually represents a high proportion of in the eligibility requirement minimizes the Sector Agreement, members will be total fishing income for hook gear economic impacts on such vessels by exempt from several restrictions of the vessels, revenues for Sector members allowing the opportunity to fish in the FMP described in the preamble to the are sensitive to regulations that impact Hook Sector that would not otherwise proposed and final rule and in the EA. how and when they can fish for cod, be possible. This action will positively impact the such as trip limits and hook gear members of the Hook Sector’s 19 vessels restrictions. Sector members would Description of the Projected Reporting, that have voluntarily joined the Hook have been unnecessarily impacted by Recordkeeping, and Other Compliance Sector, who are relatively dependendant regulations designed to affect the catch Requirements of the Proposed Action upon groundfish revenue compared to of species of which hook gear catches This final rule contains no collection- other participants in the groundfish very little (e.g., yellowtail flounder, fishery. The approval of the Hook Sector of-information requirement subject to because hook gear is more selective than the Paperwork Reduction Act (PRA). and allocation of GB cod TAC will other gear types). For example, under indirectly benefit the communities of the No Action alternative, Sector List of Subjects in 50 CFR Part 648 Chatham and Harwichport, MA, and to members would have been affected by Fisheries, Fishing, Reporting and a lesser extent other Cape Cod the differential DAS counting recordkeeping requirements. communities involved in the groundfish requirement, one of the objectives of fishery. During FY 2006, members of the which is to protect yellowtail flounder. Dated: March 28, 2008. Hook Sector made 359 fishing trips, No other alternatives beyond the No James W. Balsiger, landed 179,616 lb (81,472 kg) of cod and Action were considered during the Acting Assistant Administrator For Fisheries, 258,544 lb (117,274 kg) of haddock, and development of this action. The RFA National Marine Fisheries Service/ generated approximately $ 269,424, and requires each IRFA to include a I For the reasons stated in the preamble, $ 310,253 in revenue from those species, description of significant alternatives 50 CFR part 648 is proposed to be respectively (assuming a dock-side price that accomplish the objectives of amended as follows: of $ 1.50 and $1.20 per lb, respectively). applicable statues (in this case, sector Hook Sector members also landed provisions) and minimize any PART 648—FISHERIES OF THE various other species, which significant economic impact to small NORTHEASTERN UNITED STATES contributed additionally to their entities. The objectives of sector I revenue. In general, the operation of the management, as originally developed 1. The authority citation for part 648 Hook Sector would continue to mitigate and implemented under Amendment continues to read as follows: the negative economic impacts that 13, are to provide opportunities for like- Authority: 16 U.S.C. 1801 et seq. result from the current suite of minded vessel operators to govern I 2. In § 648.87, paragraphs (d)(1)(ii) regulations that apply to the groundfish themselves so that they can operate in and (d)(2)(i) are revised to read as fishery (most recently Framework a more effective and efficient manner. follows: Adjustment 42; October 23, 2006; 71 FR The Hook Sector developed the Sector 62156). The Hook Sector, by fishing Agreement after consultation with § 648.87 Sector allocation. under rules that are designed to meet prospective members. Prospective * * * * *
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(d) * * * allowable catch (TAC) specified for AFA After the effective date of this closure (1) * * * trawl catcher processors in the BSAI. the maximum retainable amounts at (ii) Eligibility. All vessels issued a DATES: Effective 1200 hrs, Alaska local § 679.20(e) and (f) apply at any time valid limited access NE multispecies time (A.l.t.), April 1, 2008, though 1200 during a trip. DAS permit are eligible to participate in hrs, A.l.t., June 10, 2008. the GB Cod Hook Sector. Classification FOR FURTHER INFORMATION CONTACT: * * * * * Jennifer Hogan, 907–586–7228. This action responds to the best (2) * * * available information recently obtained SUPPLEMENTARY INFORMATION: NMFS (i) Eligibility. All vessels issued a from the fishery. The Assistant manages the groundfish fishery in the valid limited access NE multispecies Administrator for Fisheries, NOAA, BSAI exclusive economic zone DAS permit are eligible to participate in (AA), finds good cause to waive the according to the Fishery Management the GB Cod Fixed Gear Sector. requirement to provide prior notice and Plan for Groundfish of the Bering Sea * * * * * opportunity for public comment and Aleutian Islands Management Area [FR Doc. E8–6953 Filed 4–2–08; 8:45 am] pursuant to the authority set forth at 5 (FMP) prepared by the North Pacific BILLING CODE 3510–22–S U.S.C. 553(b)(B) as such requirement is Fishery Management Council under impracticable and contrary to the public authority of the Magnuson-Stevens interest. This requirement is Fishery Conservation and Management DEPARTMENT OF COMMERCE impracticable and contrary to the public Act. Regulations governing fishing by interest as it would prevent NMFS from U.S. vessels in accordance with the FMP National Oceanic and Atmospheric responding to the most recent fisheries appear at subpart H of 50 CFR part 600 Administration data in a timely fashion and would and 50 CFR part 679. delay the closure of Pacific cod by AFA 50 CFR Part 679 The B season allowance of the 2008 trawl catcher processors in the BSAI. Pacific cod TAC allocated to AFA trawl [Docket No. 071106673–8011–02] NMFS was unable to publish a notice catcher processors in the BSAI is 877 providing time for public comment RIN 0648–XG86 metric tons (mt) as established by the because the most recent, relevant data 2008 and 2009 final harvest Fisheries of the Exclusive Economic only became available as of March 27, specifications for groundfish in the 2008. Zone Off Alaska; Pacific Cod by BSAI (73 FR 10160, February 26, 2008). American Fisheries Act Catcher In accordance with § 679.20(d)(1)(i), The AA also finds good cause to Processors Using Trawl Gear in the the Administrator, Alaska Region, waive the 30-day delay in the effective Bering Sea and Aleutian Islands NMFS (Regional Administrator), has date of this action under 5 U.S.C. Management Area determined that the B season allowance 553(d)(3). This finding is based upon the reasons provided above for waiver of AGENCY: National Marine Fisheries of the 2008 Pacific cod TAC allocated to prior notice and opportunity for public Service (NMFS), National Oceanic and AFA catcher processors in the BSAI will comment. Atmospheric Administration (NOAA), soon be reached. Therefore, the Regional Commerce. Administrator is establishing a directed This action is required by § 679.20 ACTION: Temporary rule; closure. fishing allowance of 0 mt, and is setting and is exempt from review under aside the remaining 877 mt as bycatch Executive Order 12866. SUMMARY: NMFS is prohibiting directed to support other anticipated groundfish Authority: 16 U.S.C. 1801 et seq. fishing for Pacific cod by American fisheries. In accordance with Fisheries Act (AFA) trawl catcher § 679.20(d)(1)(iii), the Regional Dated: March 28, 2008. processors in the Bering Sea and Administrator finds that this directed Alan D. Risenhoover Aleutian Islands management area fishing allowance has been reached. Director, Office of Sustainable Fisheries, (BSAI). This action is necessary to Consequently, NMFS is prohibiting National Marine Fisheries Service. prevent exceeding the B season directed fishing for Pacific cod by AFA [FR Doc. 08–1089 Filed 3–31–08; 3:59 pm] allowance of the 2008 Pacific cod total trawl catcher processors in the BSAI. BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 73, No. 65
Thursday, April 3, 2008
This section of the FEDERAL REGISTER ADDRESSES: You may send comments by substantive verbal contact we receive contains notices to the public of the proposed any of the following methods: about this proposed AD. issuance of rules and regulations. The • Federal eRulemaking Portal: Go to Discussion purpose of these notices is to give interested http://www.regulations.gov and follow persons an opportunity to participate in the the instructions for sending your The European Aviation Safety Agency rule making prior to the adoption of the final (EASA), which is the Technical Agent rules. comments electronically. • Mail: Docket Management Facility, for the Member States of the European U.S. Department of Transportation, 1200 Community, has issued EASA DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., West Building Emergency Airworthiness Directive Ground Floor, Room W12–140, (EAD) 2007–0152–E, dated June 1, 2007, Federal Aviation Administration Washington, DC 20590–0001. to correct an unsafe condition for the • Hand Delivery: Deliver to Mail specified products. The EASA EAD 14 CFR Part 39 address above between 9 a.m. and 5 states: p.m., Monday through Friday, except [Docket No. FAA–2008–0224; Directorate It is necessary to change the limits of the Identifier 2007–NE–44–AD] Federal holidays. High Pressure (HP) Turbine Stage 1 and Stage • Fax: (202) 493–2251. 2 Rotor Discs. The maximum approved life RIN 2120–AA64 of these discs is decreased for all flight Examining the AD Docket missions. Airworthiness Directives; Rolls-Royce You may examine the AD docket on This Emergency Airworthiness Directive Deutschland Ltd & Co KG (RRD) the Internet at http:// (EAD) has been raised to instruct mandatory decreased maximum approved lives in the BR700–715A1–30, BR700–715B1–30, www.regulations.gov; or in person at the and BR700–715C1–30 Turbofan BR715 Time Limits Manual (TLM) T–715– Docket Operations office between 9 a.m. 3BR for the HP Turbine Stage 1 Rotor Disc Engines and 5 p.m., Monday through Friday, for both Part No. BRH20130 and Part No. AGENCY: Federal Aviation except Federal holidays. The AD docket BRH20131 and of the High Pressure (HP) Administration (FAA), DOT. contains this proposed AD, the Turbine Stage 2 Rotor Disc for both Part No. regulatory evaluation, any comments BRH19423 and Part No. BRH19427 for all ACTION: Notice of proposed rulemaking received, and other information. The flight missions. The life limits are decreased (NPRM). by the same proportion for all flight missions, street address for the Docket Operations thus back to birth pro-rata calculations due SUMMARY: We propose to adopt a new office (telephone (800) 647–5527) is the to the life limit changes are not necessary. airworthiness directive (AD) for the same as the Mail address provided in You may obtain further information by products listed above. This proposed the ADDRESSES section. Comments will examining the EASA EAD in the AD AD results from mandatory continuing be available in the AD docket shortly docket. airworthiness information (MCAI) after receipt. provided by the aviation authority of FOR FURTHER INFORMATION CONTACT: FAA’s Determination and Requirements Germany to identify and correct an Jason Yang, Aerospace Engineer, Engine of This Proposed AD unsafe condition on an aviation Certification Office, FAA, Engine and This product has been approved by product. The MCAI states the following: Propeller Directorate, 12 New England the aviation authority of Germany, and It is necessary to change the limits of the Executive Park, Burlington, MA 01803; is approved for operation in the United High Pressure (HP) Turbine Stage 1 and Stage e-mail: [email protected]; telephone States. Pursuant to our bilateral 2 Rotor Discs. The maximum approved life (781) 238–7747; fax (781) 238–7199. agreement with Germany, they have of these discs is decreased for all flight SUPPLEMENTARY INFORMATION: notified us of the unsafe condition missions. described in the EASA EAD and service Comments Invited This Emergency Airworthiness Directive information referenced above. We are (EAD) has been raised to instruct mandatory We invite you to send any written decreased maximum approved lives in the proposing this AD because we evaluated BR715 Time Limits Manual (TLM) T–715– relevant data, views, or arguments about all information provided by EASA and 3BR for the HP Turbine Stage 1 Rotor Disc this proposed AD. Send your comments determined the unsafe condition exists for both Part No. BRH20130 and Part No. to an address listed under the and is likely to exist or develop on other BRH20131 and of the High Pressure (HP) ADDRESSES section. Include ‘‘Docket No. products of the same type design. This Turbine Stage 2 Rotor Disc for both Part No. FAA–2008–0224; Directorate Identifier proposed AD would require reducing BRH19423 and Part No. BRH19427 for all 2007–NE–44–AD’’ at the beginning of the published life limits of HP Turbine flight missions. The life limits are decreased your comments. We specifically invite Stage 1 Discs, P/Ns BRH20130 and by the same proportion for all flight missions, comments on the overall regulatory, BRH20131, and HP Turbine Stage 2 thus back to birth pro-rata calculations due economic, environmental, and energy to the life limit changes are not necessary. Discs, P/Ns BRH19423 and BRH19427. aspects of this proposed AD. We will We are proposing this AD to prevent consider all comments received by the Costs of Compliance rotating parts that may have exceeded closing date and may amend this We estimate that this proposed AD their low-cycle fatigue life limits from proposed AD based on those comments. would affect 260 engines installed on failing, which could result in We will post all comments we airplanes of U.S. registry. We also uncontained engine failure and receive, without change, to http:// estimate that it would take about 1 subsequent damage to the airplane. www.regulations.gov, including any work-hour per engine to perform the DATES: We must receive comments on personal information you provide. We proposed actions and that the average this proposed AD by May 5, 2008. will also post a report summarizing each labor rate is $80 per work-hour. Based
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on these figures, we estimate the total 1. Is not a ‘‘significant regulatory Applicability cost of the proposed AD to U.S. action’’ under Executive Order 12866; (c) This AD applies to Rolls-Royce operators to be $20,800. Our cost 2. Is not a ‘‘significant rule’’ under the Deutschland Ltd & Co KG (RRD) BR700– estimate is exclusive of possible DOT Regulatory Policies and Procedures 715A1–30, BR700–715B1–30, and BR700– warranty coverage. (44 FR 11034, February 26, 1979); and 715C1–30 turbofan engines. These engines are installed on, but not limited to, Authority for This Rulemaking 3. Will not have a significant McDonnell Douglas Model 717–200 economic impact, positive or negative, airplanes. Title 49 of the United States Code on a substantial number of small entities specifies the FAA’s authority to issue under the criteria of the Regulatory Reason rules on aviation safety. Subtitle I, Flexibility Act. (d) It is necessary to change the limits of section 106, describes the authority of We prepared a regulatory evaluation the High Pressure (HP) Turbine Stage 1 and the FAA Administrator. ‘‘Subtitle VII: of the estimated costs to comply with Stage 2 Rotor Discs. The maximum approved Aviation Programs,’’ describes in more life of these discs is decreased for all flight this proposed AD and placed it in the missions. detail the scope of the Agency’s AD docket. authority. This Emergency Airworthiness Directive List of Subjects in 14 CFR Part 39 (EAD) has been raised to instruct mandatory We are issuing this rulemaking under decreased maximum approved lives in the the authority described in ‘‘Subtitle VII, Air transportation, Aircraft, Aviation BR715 Time Limits Manual (TLM) T–715– Part A, Subpart III, Section 44701: safety, Safety. 3BR for the HP Turbine Stage 1 Rotor Disc General requirements.’’ Under that for both Part No. BRH20130 and Part No. section, Congress charges the FAA with The Proposed Amendment BRH20131 and of the High Pressure (HP) promoting safe flight of civil aircraft in Accordingly, under the authority Turbine Stage 2 Rotor Disc for both Part No. BRH19423 and Part No. BRH19427 for all air commerce by prescribing regulations delegated to me by the Administrator, for practices, methods, and procedures flight missions. The life limits are decreased the FAA proposes to amend 14 CFR part by the same proportion for all flight missions, the Administrator finds necessary for 39 as follows: thus back to birth pro-rata calculations due safety in air commerce. This regulation to the life limit changes are not necessary. is within the scope of that authority PART 39—AIRWORTHINESS We are issuing this AD to prevent rotating because it addresses an unsafe condition DIRECTIVES parts that may have exceeded their low-cycle that is likely to exist or develop on fatigue life limits from failing, which could products identified in this rulemaking 1. The authority citation for part 39 result in uncontained engine failure and action. continues to read as follows: subsequent damage to the airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. Regulatory Findings Actions and Compliance § 39.13 [Amended] (e) No later than 30 days after the effective We determined that this proposed AD date of this AD the following mandatory would not have federalism implications 2. The FAA amends § 39.13 by adding actions need to be completed for each under Executive Order 13132. This the following new AD: individual BR700–715 HP Turbine Stage 1 proposed AD would not have a Rolls-Royce Deutschland Ltd & Co KG: Rotor Disc for both Part No. BRH20130 and substantial direct effect on the States, on Docket No. FAA–2008–0224; Directorate Part No. BRH20131 and High Pressure (HP) the relationship between the national Identifier 2007–NE–44–AD. Turbine Stage 2 Rotor Disc for both Part No. BRH19423 and Part No. BRH19427 installed Government and the States, or on the Comments Due Date distribution of power and in a BR700–715A1–30, B1–30 or C1–30 engine: responsibilities among the various (a) We must receive comments by May 5, 2008. (1) Identify the mandatory decreased levels of government. maximum approved life for the HP Turbine For the reasons discussed above, I Affected ADs Stage 1 and Stage 2 Rotor Discs listed in the certify this proposed regulation: (b) None. tables below:
HIGH PRESSURE (HP) TURBINE STAGE 1 ROTOR DISC
Mandatory decreased maximum approved life Engine thrust rating Engine flight mission Part No. C1–30 A1–30 B1–30 C1–30 A1–30 C1–30 derated Design Design Design Hawaiian Tropical Tropical
BRH20130 ...... 15971 13324 10500 17647 3794 7941 BRH20131 ...... 15971 13324 10500 17647 3794 7941
HIGH PRESSURE (HP) TURBINE STAGE 2 ROTOR DISC
Mandatory decreased maximum approved life Engine thrust rating Engine flight mission Part No. C1–30 A1–30 B1–30 C1–30 A1–30 C1–30 derated Design Design Design Hawaiian Tropical Tropical
BRH19423 ...... 21165 17800 13372 1165 10893 13461 BRH19427 ...... 21165 17800 13372 21165 10893 13461
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Note: Approved lives in the table are in and AIM, Federal Aviation the navigable waters of San Diego Bay, flight cycles Administration, 800 Independence CA in support of the Red Bull Air Race. (2) Record the mandatory maximum Avenue, SW., Washington, DC 20591; The safety zone would be necessary to approved life in the applicable lifing telephone: (202) 267–8783. provide for the safety of the crew, documentation. It is mandatory to use the SUPPLEMENTARY INFORMATION: spectators, participants in the event, values given in the two tables in step (e)(1) participating vessels and other vessels of this AD. History and users of the waterway. Persons and Alternative Methods of Compliance On March 12, 2008, an NPRM was vessels would be prohibited from (AMOCs) published in the Federal Register for entering into, transiting through, or (f) The Manager, Engine Certification Airspace Docket No. 08–AAL–6, FAA anchoring within this safety zone unless Office, FAA, has the authority to approve Docket No. FAA–2008–0111 (73 FR authorized by the Captain of the Port or AMOCs for this AD, if requested using the 13159), revoking Area Navigation Jet his designated representative. procedures found in 14 CFR 39.19. Routes J–889R and J–996R in Alaska. DATES: Comments and related material Related Information Subsequent to publication, it was found must reach the Coast Guard on or before that the FAA docket number was (g) Refer to EASA Emergency April 11, 2008. incorrect; the correct number is FAA– Airworthiness Directive 2007–0152–E, dated ADDRESSES: You may submit comments 2008–0180. In addition, the reference to June 1, 2007, for related information. identified by Coast Guard docket one Area Navigation Jet Route was (h) Contact Jason Yang, Aerospace number USCG–2008–0162 to the Docket incorrectly stated in the title of the Engineer, Engine Certification Office, FAA, Management Facility at the U.S. Engine and Propeller Directorate, 12 New NPRM. The correct Jet Route should England Executive Park, Burlington, MA have stated J–888R, instead of J–889R. Department of Transportation. To avoid 01803; e-mail: [email protected]; telephone This action corrects those errors. duplication, please use only one of the (781) 238–7747; fax (781) 238–7199, for more following methods: information about this AD. Correction to Final Rule (1) Online: http:// Issued in Burlington, Massachusetts, on Accordingly, pursuant to the www.regulations.gov. March 19, 2008. authority delegated to me, the FAA (2) Mail: Docket Management Facility (M–30), U.S. Department of Ann C. Mollica, docket number and the title of the NPRM as published in the Federal Transportation, West Building Ground Acting Manager, Engine and Propeller Floor, Room W12–140, 1200 New Jersey Directorate, Aircraft Certification Service. Register on March 12, 2008 (73 FR Avenue, SE., Washington, DC 20590– [FR Doc. E8–6866 Filed 4–2–08; 8:45 am] 13159), Airspace Docket No. 08–AAL–6, FAA Docket No. FAA–2008–0111, and 0001. BILLING CODE 4910–13–P incorporated by reference in 14 CFR (3) Hand delivery: Room W12–140 on 71.1, is corrected as follows: the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., DEPARTMENT OF TRANSPORTATION § 71.1 [Amended] Washington, DC 20590, between 9 a.m. Federal Aviation Administration On page 13159, correct the FAA and 5 p.m., Monday through Friday, docket number and the title to read as except Federal holidays. The telephone 14 CFR Part 71 follows: number is 202–366–9329. * * * * * (4) Fax: 202–493–2251. [Docket FAA No. FAA–2008–0180; Airspace FOR FURTHER INFORMATION CONTACT: If Docket No. 08–AAL–6] Docket No. FAA–2008–0180 you have questions on this proposed Proposed Revocation of Area Navigation Jet rule, call Petty Officer Adam Proctor, Proposed Revocation of Area Routes J–888R and J–996R; Alaska Waterways Management Division, U.S. Navigation Jet Routes J–888R and * * * * * J–996R; Alaska Coast Guard Sector San Diego, CA, at Issued in Washington, DC, on March 27, telephone (619) 278–7277. If you have AGENCY: Federal Aviation 2008. questions on viewing or submitting Administration (FAA), DOT. Stephen L. Rohring, material to the docket, call Renee V. ACTION: Notice of proposed rulemaking Acting Manager, Airspace and Rules Group. Wright, Program Manager, Docket (NPRM); correction. [FR Doc. E8–6935 Filed 4–2–08; 8:45 am] Operations, telephone 202–366–9826. BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: SUMMARY: This action corrects a notice of proposed rulemaking (NPRM) Public Participation and Request for published in the Federal Register March Comments DEPARTMENT OF HOMELAND 12, 2008 (73 FR 13159), Airspace Docket SECURITY We encourage you to participate in No. 08–AAL–6, FAA Docket No. FAA– this rulemaking by submitting 2008–0111. In that rule, the FAA docket Coast Guard comments and related materials. All number is incorrect. The correct FAA comments received will be posted, docket number should state FAA–2008– 33 CFR Part 165 without change, to http:// 0180, instead of FAA–2008–0111. In [Docket No. USCG–2008–0162] www.regulations.gov and will include addition, a typographical error to one Jet any personal information you have Route was made in the title. The title of RIN 1625–AA00 provided. We have an agreement with the NPRM should reference Jet Route J– the Department of Transportation (DOT) 888R, instead of J–889R. This action Safety Zone; Red Bull Air Race; San to use the Docket Management Facility. Diego Bay, San Diego, CA corrects those errors. Please see DOT’s ‘‘Privacy Act’’ DATES: Effective Date: 0901 UTC, April AGENCY: Coast Guard, DHS. paragraph below. 3, 2008. ACTION: Notice of proposed rulemaking. FOR FURTHER INFORMATION CONTACT: Ken Submitting Comments McElroy, Airspace and Rules Group, SUMMARY: The Coast Guard proposes If you submit a comment, please Office of System Operations Airspace establishing a temporary safety zone on include the docket number for this
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rulemaking (USCG–2008–0162), one at a time and place announced by whether this proposed rule would have indicate the specific section of this a later notice in the Federal Register. a significant economic impact on a document to which each comment substantial number of small entities. Background and Purpose applies, and give the reason for each The term ‘‘small entities’’ comprises comment. We recommend that you The Coast Guard would be small businesses, not-for-profit include your name and a mailing establishing a safety zone on the organizations that are independently address, an e-mail address, or a phone navigable waters of San Diego Bay in owned and operated and are not number in the body of your document support of the Red Bull Air Races. This dominant in their fields, and so that we can contact you if we have temporary safety zone is necessary to governmental jurisdictions with questions regarding your submission. provide for the safety of the crews, populations of less than 50,000. You may submit your comments and spectators, and participants of the race The Coast Guard certifies under 5 material by electronic means, mail, fax, and is also necessary to protect other U.S.C. 605(b) that this proposed rule or delivery to the Docket Management vessels and users of the waterway. would not have a significant economic impact on a substantial number of small Facility at the address under ADDRESSES; Discussion of Proposed Rule but please submit your comments and entities. material by only one means. If you The Coast Guard proposes to establish (1) The propsed rule will affect the submit them by mail or delivery, submit a safety zone that would be enforced following entities, some of which may them in an unbound format, no larger from 8 a.m. through 7 p.m. from April be small entities: the owners or 29th, 2008 through May 4th, 2008. This than 81⁄2 by 11 inches, suitable for operators of vessels intending to transit copying and electronic filing. If you safety zone is necessary to provide for or anchor in a portion of the safety zone submit them by mail and would like to the safety of the crews, spectators, and in San Diego Bay, San Diego, CA, from know that they reached the Facility, participants of the Red Bull Air Race 8 a.m. to 7 p.m. on April 29th, 2008 please enclose a stamped, self-addressed and to protect other vessels and users of through May 4th, 2008. postcard or envelope. We will consider the waterway. Persons and vessels will (2) This safety zone would not have all comments and material received be prohibited from entering into, a significant economic impact on a during the comment period. We may transiting through, or anchoring within substantial number of small entities for change this proposed rule in view of this safety zone unless authorized by the the following reasons. This rule only them. Captain of the Port, or his designated encompasses only a portion of the representative. The limits of this waterway, there will be chances for Viewing Comments and Documents temporary safety zone include all areas boating traffic to pass through the safety To view comments, as well as within a box that extends to the zone and the Captain of the Port may following coordinates: 32°42′41.00″ N, authorize entry into the zone, if documents mentioned in this preamble ° ′ ″ ° ′ ″ as being available in the docket, go to 117 10 33.06 W; 32 42 26.40 N, necessary. ° ′ ″ ° ′ ″ ° If you think that your business, http://www.regulations.gov at any time, 117 10 55.69 W; 32 41 57.22 N, 117 ′ ″ ° ′ ″ ° organization, or governmental click on ‘‘Search for Dockets,’’ and enter 9 33.05 W; and 32 41 45.04 N, 117 ′ ″ jurisdiction qualifies as a small entity the docket number for this rulemaking 9 54.28 W. Coast Guard personnel will and that this rule would have a (USCG–2008–0162) in the Docket ID enforce this safety zone. The Coast significant economic impact on it, box, and click enter. You may also visit Guard may be assisted by other Federal, please submit a comment (see the Docket Management Facility in State, or local agencies, including the ADDRESSES) explaining why you think it Room W12–140 on the ground floor of Coast Guard Auxiliary. Section 165.23 qualifies and how and to what degree the DOT West Building, 1200 New of Title 33, Code of Federal Regulations, this rule would economically affect it. Jersey Avenue, SE., Washington, DC prohibits any unauthorized person or 20590, between 9 a.m. and 5 p.m., vessel from entering or remaining in a Assistance for Small Entities safety zone. Vessels or persons violating Monday through Friday, except Federal Under section 213(a) of the Small holidays. this section will be subject to both criminal and civil penalties. Business Regulatory Enforcement Privacy Act Fairness Act of 1996 (Pub. L. 104–121), Regulatory Evaluation we want to assist small entities in Anyone can search the electronic This proposed rule is not a understanding this proposed rule so that form of all comments received into any ‘‘significant regulatory action’’ under they can better evaluate its effects on of our dockets by the name of the section 3(f) of Executive Order 12866, them and participate in the rulemaking. individual submitting the comment (or Regulatory Planning and Review, and If the rule would affect your small signing the comment, if submitted on does not require an assessment of business, organization, or governmental behalf of an association, business, labor potential costs and benefits under jurisdiction and you have questions union, etc.). You may review the section 6(a)(3) of that Order. The Office concerning its provisions or options for Department of Transportation’s Privacy of Management and Budget has not compliance, please contact Petty Officer Act Statement in the Federal Register reviewed it under that Order. Adam Proctor, Waterways Management published on April 11, 2000 (65 FR We expect the economic impact of Division, U.S. Coast Guard Sector San 19477), or you may visit http:// this proposed rule to be so minimal that Diego at telephone (619) 278–7277. The DocketsInfo.dot.gov. a full Regulatory Evaluation is Coast Guard will not retaliate against Public Meeting unnecessary. small entities that question or complain The safety zone is of a limited about this rule or any policy or action We do not now plan to hold a public duration, only eleven hours per day for of the Coast Guard. meeting. But you may submit a request a period of four days, and is limited to Collection of Information for one to the Docket Management a relatively small geographic area. Facility at the address under ADDRESSES This proposed rule would call for no explaining why one would be Small Entities new collection of information under the beneficial. If we determine that one Under the Regulatory Flexibility Act Paperwork Reduction Act of 1995 (44 would aid this rulemaking, we will hold (5 U.S.C. 601–612), we have considered U.S.C. 3501–3520).
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Federalism Energy Effects PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS A rule has implications for federalism We have analyzed this proposed rule under Executive Order 13211, Actions under Executive Order 13132, 1. The authority citation for part 165 Concerning Regulations That Federalism, if it has a substantial direct continues to read as follows: effect on State or local governments and Significantly Affect Energy Supply, would either preempt State law or Distribution, or Use. We have Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. impose a substantial direct cost of determined that it is not a ‘‘significant Chapter 701; 50 U.S.C. 191, 195; 33 CFR energy action’’ under that order because 1.05–1, 6.04–1, 6.04–6, and 160.5; Public compliance on them. We have analyzed Law 107–295, 116 Stat. 2064; Department of this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ Homeland Security Delegation No. 0170.1 have determined that it does not have under Executive Order 12866 and is not implications for federalism. likely to have a significant adverse effect 2. Add new § 165.T11–015 to read as on the supply, distribution, or use of follows: Unfunded Mandates Reform Act energy. The Administrator of the Office of Information and Regulatory Affairs § 165.T11–015 Safety Zone; Red Bull Air The Unfunded Mandates Reform Act Race, San Diego Bay, San Diego, CA of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant Federal agencies to assess the effects of energy action. Therefore, it does not (a) Location. The limits of this their discretionary regulatory actions. In require a Statement of Energy Effects temporary safety zone would include all particular, the Act addresses actions under Executive Order 13211. areas within a box that extends to the ° ′ ″ that may result in the expenditure by a Technical Standards following coordinates: 32 42 41.00 N, State, local, or tribal government, in the 117°10′33.06″ W; 32°42′26.40″ N, aggregate, or by the private sector of The National Technology Transfer 117°10′55.69″ W; 32°41′57.22″ N, $100,000,000 or more in any one year. and Advancement Act (NTTAA) (15 117°9′33.05″ W; and 32°41′45.04″ N, Though this proposed rule would not U.S.C. 272 note) directs agencies to use 117°9′54.28″ W. result in such an expenditure, we do voluntary consensus standards in their (b) Effective Period. This section discuss the effects of this rule elsewhere regulatory activities unless the agency would be effective from 8 a.m. through in this preamble. provides Congress, through the Office of 7 p.m. from April 29th, 2008 through Management and Budget, with an Taking of Private Property May 5th, 2008. If the need for the safety explanation of why using these zone ends before the scheduled This proposed rule would not effect a standards would be inconsistent with termination time, the Captain of the Port taking of private property or otherwise applicable law or otherwise impractical. will cease enforcement of this safety have taking implications under Voluntary consensus standards are zone. technical standards (e.g., specifications Executive Order 12630, Governmental (c) Regulations. In accordance with Actions and Interference with of materials, performance, design, or operation; test methods; sampling the general regulations in § 165.23 of Constitutionally Protected Property this part, entry into, transit through, or Rights. procedures; and related management systems practices) that are developed or anchoring within this zone by all Civil Justice Reform adopted by voluntary consensus vessels would be prohibited, unless standards bodies. authorized by the Captain of the Port or This proposed rule meets applicable his designated representative. Mariners This proposed rule does not use standards in sections 3(a) and 3(b)(2) of requesting permission to transit through technical standards. Therefore, we did Executive Order 12988, Civil Justice the safety zone may request not consider the use of voluntary Reform, to minimize litigation, authorization to do so from the Patrol consensus standards. eliminate ambiguity, and reduce Commander (PATCOM). The Patrol burden. Environment Commander may be contacted on VHF– FM Channel 16. Protection of Children We have analyzed this proposed rule Enforcement. All persons and vessels We have analyzed this proposed rule under Commandant Instruction shall comply with the instructions of under Executive Order 13045, M16475.lD which guides the Coast the Coast Guard Captain of the Port or Protection of Children from Guard in complying with the National the designated on-scene patrol Environmental Health Risks and Safety Environmental Policy Act of 1969 personnel. Patrol personnel can be Risks. This rule is not an economically (NEPA) (42 U.S.C. 4321–4370f), and comprised of commissioned, warrant, significant rule and would not create an have made a preliminary determination and petty officers of the Coast Guard environmental risk to health or risk to that this action is not likely to have a onboard Coast Guard, Coast Guard safety that might disproportionately significant effect on the human Auxiliary, local, state, and federal law affect children. environment. A preliminary ‘‘Environmental Analysis Check List’’ enforcement vessels. Upon being hailed Indian Tribal Governments supporting this preliminary by the U.S. Coast Guard patrol personnel by siren, radio, flashing light, This proposed rule does not have determination is available in the docket where indicated under ADDRESSES. or other means, the operator of a vessel tribal implications under Executive shall proceed as directed. The Coast Order 13175, Consultation and List of Subjects in 33 CFR Part 165 Guard may be assisted by other federal, Coordination with Indian Tribal state, or local agencies. Governments, because it would not have Harbors, Marine safety, Navigation a substantial direct effect on one or (water), Reporting and recordkeeping Dated: March 5, 2008. more Indian tribes, on the relationship requirements, Security measures, and D.L. LeBlanc, between the Federal Government and Waterways. Commander, U.S. Coast Guard, Acting Indian tribes, or on the distribution of For the reasons discussed in the Captain of the Port, San Diego. power and responsibilities between the preamble, the Coast Guard proposes to [FR Doc. E8–6892 Filed 4–2–08; 8:45 am] Federal Government and Indian tribes. amend 33 CFR Part 165 as follows: BILLING CODE 4910–15–P
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DEPARTMENT OF HOMELAND www.regulations.gov and will include behalf of an association, business, labor SECURITY any personal information you have union, etc.). You may review the provided. We have an agreement with Department of Transportation’s Privacy Coast Guard the Department of Transportation (DOT) Act Statement in the Federal Register to use the Docket Management Facility. published on April 11, 2000 (65 FR 33 CFR Part 165 Please see DOT’s ‘‘Privacy Act’’ 19477), or you may visit http:// [Docket No. USCG–2008–0219] paragraph below. DocketsInfo.dot.gov. SUPPLEMENTARY INFORMATION: RIN 1625–AA00 A. Submitting Comments If you submit a comment, please Public Meeting Safety Zones: Annual Events include the docket number for this We do not now plan to hold a public Requiring Safety Zones in the Captain rulemaking (USCG–2008–0219), meeting. But you may submit a request of the Port Buffalo Zone indicate the specific section of this for a meeting by writing to Commander, document to which each comment AGENCY: Coast Guard, DHS. Coast Guard Sector Buffalo, at the applies, and give the reason for each ACTION: Notice of Proposed Rulemaking. address under ADDRESSES explaining comment. We recommend that you why one would be beneficial. If we SUMMARY: The Coast Guard proposes include your name, mailing address, determine that one would aid this establishment of safety zones for annual and an e-mail address or other contact rulemaking, we will hold one at a time events in the Captain of the Port Buffalo information in the body of your and place announced by a later notice zone. This proposed rule consolidates document to ensure that you can be in the Federal Register. current regulations establishing safety identified as the submitter. This also Background and Purpose zones for annual fireworks events in the allows us to contact you in the event former Captain of the Port Cleveland further information is needed or if there On July 22, 2005, the Coast Guard Zone and the former Captain of the Port are questions. For example, if we cannot consolidated the Captain of the Port Buffalo Zone. In addition, it adds events read your submission due to technical Cleveland zone and the Captain of the not previously published in Coast Guard difficulties and you cannot be Port Buffalo zone into one zone re- regulations. These safety zones are contacted; your submission may not be defining the Captain of the Port Buffalo necessary to protect spectators, considered. You may submit your zone. This proposed rule will participants, and vessels from the comments and material by electronic consolidate the regulations found in 33 hazards associated with fireworks means, mail, fax, or delivery to the CFR 165.202, Safety Zones; Annual displays or other events. Docket Management Facility at the Fireworks Events in the Captain of the address under ADDRESSES; but please Port Cleveland Zone, the regulations DATES: Comments and related materials submit your comments and material by found in 33 CFR 165.914, Safety Zones; must reach the Coast Guard on or before only one means. If you submit them by Annual Fireworks Events in the Captain May 5, 2008. mail or delivery, submit them in an of the Port Buffalo Zone so that all the ADDRESSES: 1 You may submit comments unbound format, no larger than 8 ⁄2 by annual fireworks events in the current identified by Coast Guard docket 11 inches, suitable for copying and Captain of the Port Buffalo Zone are number USCG–2008–0219 to the Docket electronic filing. If you submit them by found in one CFR section. In addition Management Facility at the U.S. mail and would like to know that they this proposal adds events not previously Department of Transportation. To avoid reached the Facility, please enclose a published in the CFR. duplication, please use only one of the stamped, self-addressed postcard or These safety zones are necessary to following methods: envelope. We will consider all protect vessels and people from the (1) Online: http:// comments and material received during hazards associated with fireworks www.regulations.gov. the comment period. We may change displays or other events. Such hazards (2) Mail: Docket Management Facility this proposed rule in view of them. include obstructions to the waterway (M–30), U.S. Department of that may cause marine casualties and Transportation, West Building Ground B. Viewing Comments and Documents the explosive danger of fireworks and Floor, Room W12–140, 1200 New Jersey To view comments, as well as debris falling into the water that may Avenue, SE., Washington, DC 20590– documents mentioned in this preamble cause death or serious bodily harm. 0001. as being available in the docket, go to (3) Hand delivery: Room W12–140 on http://www.regulations.gov at any time, Discussion of Proposed Rule the Ground Floor of the West Building, click on ‘‘Search for Dockets,’’ and enter The proposed rule and associated 1200 New Jersey Avenue, SE., the docket number for this rulemaking safety zones are necessary to ensure the Washington, DC 20590, between 9 a.m. (USCG–2008–0219) in the Docket ID safety of vessels and people during and 5 p.m., Monday through Friday, box, and click enter. You may also visit annual firework events in the Captain of except Federal holidays. The telephone the Docket Management Facility in the Port Buffalo area of responsibility number is 202–366–9329. Room W12–140 on the ground floor of that may pose a hazard to the public. (4) Fax: 202–493–2251. the DOT West Building, 1200 New This proposal consolidates the events FOR FURTHER INFORMATION CONTACT: CDR Jersey Avenue, SE., Washington, DC listed in §§ 165.202 and 165.914 into a Joseph Boudrow, U.S. Coast Guard 20590, between 9 a.m. and 5 p.m., new section 165.939. This new section Sector Buffalo; (716) 843–9572. Monday through Friday, except Federal unites all the annual Firework events in holidays. the recently consolidated COTP Buffalo I. Public Participation and Request for zone into one section of the CFR. In Comments C. Privacy Act addition, there are several events that We encourage you to participate in Anyone can search the electronic are added and some events that have this rulemaking by submitting form of all comments received into any been deleted in this new section. comments and related materials. All of our dockets by the name of the The proposed safety zones will be comments received will be posted, individual submitting the comment (or enforced only immediately before, without change, to http:// signing the comment, if submitted on during, and after events that pose
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hazard to the public, and only upon governmental jurisdictions with effect on State or local governments and notice by the Captain of the Port. populations of less than 50,000. would either preempt State law or The Captain of the Port Buffalo will The Coast Guard certifies under 5 impose a substantial direct cost of notify the public that the zones in this U.S.C. 605(b) that this proposed rule compliance on them. We have analyzed proposal are or will be enforced by all would not have a significant economic this proposed rule under that Order and appropriate means to the affected impact on a substantial number of small have determined that it does not have segments of the public including entities. implications for federalism. publication in the Federal Register as This proposed rule would affect the practicable, in accordance with 33 CFR following entities, some of which might Unfunded Mandates Reform Act 165.7(a). Such means of notification be small entities: The owners of The Unfunded Mandates Reform Act may also include, but are not limited to, operators of vessels intending to transit of 1995 (2 U.S.C. 1531–1538) requires Broadcast Notice to Mariners or Local or anchor in the areas designated as Federal agencies to assess the effects of Notice to Mariners. The Captain of the safety zones in subparagraphs (1) their discretionary regulatory actions. In Port will issue a Broadcast Notice to through (28) during the dates and times particular, the Act addresses actions Mariners notifying the public when the safety zones are being enforced. that may result in the expenditure by a enforcement of the safety zone These safety zones would not have a State, local, or tribal government, in the established by this section is cancelled. significant economic impact on a aggregate, or by the private sector of All persons and vessels shall comply substantial number of small entities for $100,000,000 or more in any one year. with the instructions of the Coast Guard the following reasons: This proposed Though this proposed rule will not Captain of the Port or the designated rule would be in effect for short periods result in such expenditure, we representative. Entry into, transiting, or of time, and only once per year, per nevertheless discuss its effects anchoring within the safety zone is zone. The safety zones have been elsewhere in this preamble. prohibited unless authorized by the designed to allow traffic to pass safely Captain of the Port Buffalo, or his around the zone whenever possible and Taking of Private Property designated representative. The Captain vessels will be allowed to pass through This proposed rule will not effect the of the Port or his designated the zones with the permission of the taking of private property or otherwise representative may be contacted via Captain of the Port. have taking implications under VHF Channel 16. If you think that your business, Executive Order 12630, Governmental organization, or governmental Actions and Interference with Regulatory Evaluation jurisdiction qualifies as a small entity Constitutionally Protected Property This proposed rule is not a and that this proposed rule would have Rights. ‘‘significant regulatory action’’ under a significant economic impact on it, Civil Justice Reform section 3(f) of Executive Order 12866, please submit a comment (see Regulatory Planning and Review, and ADDRESSES) explaining why you think it This proposed rule meets applicable does not require an assessment of qualifies and how and to what degree standards in sections 3(a) and 3(b) (2) of potential costs and benefits under this proposed rule would economically Executive Order 12988, Civil Justice section 6(a)(3) of that Order. The Office affect it. Reform, to minimize litigation, of Management and Budget has not eliminate ambiguity, and reduce reviewed it under that Order. Assistance for Small Entities burden. We expect the economic impact of Under section 213(a) of the Small Protection of Children this proposed rule to be so minimal that Business Regulatory Enforcement a full Regulatory Evaluation is Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this proposed rule unnecessary. we want to assist small entities in under Executive Order 13045, The Coast Guard’s use of these safety understanding this proposed rule so that Protection of Children from zones will be periodic, of short they can better evaluate its effects on Environmental Health Risks and Safety duration, and designed to minimize the them and participate in the rulemaking. Risks. This proposed rule is not an impact on navigable waters. These If the proposed rule would affect your economically significant rule and does safety zones will only be enforced small business, organization, or not create an environmental risk to immediately before, during, and after governmental jurisdiction and you have health or risk to safety that may the time the events occur. Furthermore, questions concerning its provisions or disproportionately affect children. these safety zones have been designed to options for compliance, please contact Indian Tribal Governments allow vessels to transit unrestricted to CDR Joseph Boudrow, Prevention portions of the waterways not affected Department, Coast Guard Sector Buffalo, The Coast Guard recognizes the treaty by the safety zones. The Coast Guard Buffalo, NY, at (716) 843–9572. The rights of Native American Tribes. expects insignificant adverse impact to Coast Guard will not retaliate against Moreover, the Coast Guard is committed mariners from the activation of these small entities that question or complain to working with Tribal Governments to safety zones. about this proposed rule or any policy implement local policies and to mitigate or action of the Coast Guard. tribal concerns. We have determined Small Entities that these safety zones and fishing rights Under the Regulatory Flexibility Act Collection of Information protection need not be incompatible. (5 U.S.C. 601–612), we have considered This proposed rule calls for no new We have also determined that this whether this proposed rule would have collection of information under the proposed rule does not have tribal a significant economic impact on a Paperwork Reduction Act of 1995 (44 implications under Executive Order substantial number of small entities. U.S.C. 3501–3520). 13175, Consultation and Coordination The term ‘‘small entities’’ comprises with Indian Tribal Governments, small businesses, not-for-profit Federalism because it does not have a substantial organizations that are independently A rule has implications for federalism direct effect on one or more Indian owned and operated and are not under Executive Order 13132, tribes, on the relationship between the dominant in their fields, and Federalism, if it has a substantial direct Federal Government and Indian tribes,
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or on the distribution of power and List of Subjects in 33 CFR Part 165 (i) Location. All waters of the Seneca responsibilities between the Federal River within a 500-foot radius of land Harbors, Marine Safety, Navigation ° ′ ″ ° ′ ″ Government and Indian tribes. (water), Reporting and record keeping position: 43 09 21 N, 076 20 01 W. Nevertheless, Indian Tribes that have requirements, Security measures, and (DATUM: NAD 83). (ii) Enforcement date. This section is questions concerning the provisions of Waterways. this proposed rule or options for effective from 9:30 p.m. to 10 p.m. on compliance are encouraged to contact For the reasons discussed in the the third weekend of September each preamble, the Coast Guard proposes to the point of contact listed under FOR year. amend 33 CFR part 165 as follows: FURTHER INFORMATION CONTACT. (6) Island Festival Fireworks Display, Baldwinsville, NY. Energy Effects PART 165—REGULATED NAVIGATION (i) Location. All waters of the Seneca AREAS AND LIMITED ACCESS AREAS We have analyzed this proposed rule River within a 500-foot radius of land under Executive Order 13211, Actions 1. The authority citation for Part 165 position: 43°09′25″ N, 076°20′21″ W; in Concerning Regulations That continues to read as follows: Baldwinsville, NY. (DATUM: NAD 83). Significantly Affect Energy Supply, (ii) Enforcement date. This section is Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. effective from 10 p.m. to 10:30 p.m. on Distribution, or Use. We have Chapter 701; 50 U.S.C. 191, 195; 33 CFR determined that it is not a ‘‘significant 1.05–1, 6.04–1, 6.04–6, and 160.5; Public the first weekend of July each year. energy action’’ under that order because Law 107–295, 116 Stat. 2064; Department of (7) Seneca River Days, Baldwinsville, it is not a ‘‘significant regulatory action’’ Homeland Security Delegation No. 0170.1. NY. (i) Location. All waters of the Seneca under Executive Order 12866 and is not 2. Add § 165.939 to read as follows: likely to have a significant adverse effect River within a 500-foot radius of land ° ′ ″ ° ′ ″ on the supply, distribution, or use of § 165.939 Safety Zones; Annual Fireworks position: 43 09 25 N, 076 20 21 W; in energy. The Administrator of the Office Events in the Captain of the Port Buffalo Baldwinsville, NY. (DATUM: NAD 83). of Information and Regulatory Affairs Zone. (ii) Enforcement date. This section is has not designated it as a significant (a) Safety Zones. The following areas effective from 9:30 p.m. to 10:30 p.m. on energy action. Therefore, it does not are designated Safety zones and are the first weekend of July each year. require a Statement of Energy Effects listed geographically from New York to (8) Oswego Harborfest, Oswego, NY. (i) Location. All waters of Lake under Executive Order 13211. Ohio. Ontario within a 1,000 foot radius of (1) Boldt Castle 4th of July Fireworks, ° ′ ″ ° ′ ″ Technical Standards Heart Island, NY. barge position: 43 28 10 N, 076 31 04 The National Technology Transfer (i) Location. All waters of the St. W; in Oswego, NY. (DATUM: NAD 83). (ii) Enforcement Date. This section is and Advancement Act (NTTAA) (15 Lawrence River within a 500-foot radius effective from 9 p.m. to 10 p.m. on the U.S.C. 272 note) directs agencies to use of the land position: 44°20′39″ N, last Saturday in July each year. voluntary consensus standards in their 075°55′16″ W; at Heart Island, NY. (9) Village Fireworks, Sodus Point, regulatory activities unless the agency (DATUM: NAD 83). NY. provides Congress, through the Office of (ii) Enforcement date. This section is (i) Location. All waters of Sodus Bay Management and Budget, with an effective from 9pm to 10pm on July 4 of within a 500-foot radius of land explanation of why using these each year. position: 43°16′27″ N, 076°58′27″ W; in (2) Clayton Chamber of Commerce standards would be inconsistent with Sodus Point, NY. (DATUM: NAD 83). applicable law or otherwise impractical. Fireworks, Calumet Island, NY. (ii) Enforcement date. This section is Voluntary consensus standards are (i) Location. All waters of the St. effective from 10 p.m. to 10:30 p.m. on technical standards (e.g., specifications Lawrence River within a 500-foot radius the first Saturday in July each year. of materials, performance, design, or of land position: 44°15′05″ N, ° ′ ″ (10) City of Syracuse Fireworks operation; test methods; sampling 076 05 35 W; in Calumet Island Harbor, Celebration, Syracuse, NY. procedures; and related management NY. (DATUM: NAD 83). (i) Location. All waters of Onondaga systems practices) that are developed or (ii) Enforcement date. This section is Lake within a 350-foot radius of land adopted by voluntary consensus effective from 9 p.m. to 10 p.m. on July position: 43°03′37″ N, 076°09′59″ W; in standards bodies. 1 of each year. Syracuse, NY. (DATUM: NAD 83). This proposed rule does not use (3) French Festival Fireworks, Cape (ii) Enforcement Date. This section is technical standards. Therefore, we did Vincent, NY. effective from 9:30 p.m, to 10:30 p.m. on not consider the use of voluntary (i) Location. All waters of the St. the last weekend in June each year. consensus standards. Lawrence River within a 500-foot radius (11) Tom Graves Memorial Fireworks, of land position: 44°07′53″ N, Environment Port Bay, NY. 076°20′02″ W. (DATUM: NAD 83). (i) Location. All waters of Port Bay We have analyzed this proposed rule (ii) Enforcement date. This section is within a 500-foot radius of barge under Commandant Instruction effective from 9:30 p.m. to 10:30 p.m. on position: 43°17′46″ N, 076°50′02″ W; in M16475.lD which guides the Coast the first or second weekend of July each Port Bay, NY. (DATUM: NAD 83). Guard in complying with the National year. (ii) Enforcement date. This section is Environmental Policy Act of 1969 (4) Brewerton Fireworks, Brewerton, effective from 10 p.m. to 10:30 p.m. on (NEPA) (42 U.S.C. 4321–4370f), and NY. the first weekend in July each year. have made a preliminary determination (i) Location. All waters of Lake (12) Rochester Harbor and Carousel that this section is not likely to have a Oneida within a 500-foot radius of barge Festival, Rochester, NY. significant effect on the human position: 43°14′15″ N, 076°08′03″ W; in (i) Location. All waters of Lake environment. Brewerton, NY. (DATUM: NAD 83). Ontario within a 500-foot radius of land A preliminary ‘‘Environmental (ii) Enforcement date. This section is position: 43°15′21″ N, 077°36′19″ W in Analysis Check List’’ supporting this effective from 9:30 p.m. to 10:30 p.m. on Rochester, NY. (DATUM: NAD 83). preliminary determination is available the first weekend of July each year. (ii) Enforcement date. This section is in the docket where indicated under (5) Celebrate Baldwinsville Fireworks, effective from 8 p.m. to 10 p.m. on June ADDRESSES. Baldwinsville, NY. 24th of each year.
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(13) North Tonawanda Fireworks (ii) Enforcement date. This section is Sunset Point on the western side of the Display, Tonawanda, NY. effective from 9:45 p.m. to 11 p.m. on mouth of the Rocky River in Cleveland, (i) Location. All waters of the East the first weekend in July each year. OH. Niagara River within a 500-foot radius (20) Browns Football Halftime (ii) Enforcement date. This section is of a barge located at position: 43°01′12″ Fireworks, Cleveland, OH. effective from 9:45 p.m. to 11 p.m. on N, 078°53′36″ W; in North Tonawanda, (i) Location. All navigable waters of the third weekend in July each year. NY. (DATUM: NAD 83). Cleveland Harbor and Lake Erie (25) Lorain 4th of July Celebration (ii) Enforcement date. This section is beginning in approximate land position: Fireworks Display, Lorain, OH. effective from 9:45 p.m. to 10:15 p.m. on 41°30.823′ N, 081°41.620′ W (the (i) Location. All waters of Lorain July 4th of each year. northwest corner of Burke Lakefront Harbor within a 300-yard radius of land (14) Tonawanda’s Canal Fest Airport); continuing northwest to position 41°28.591′ N, 082°10.855′ W Fireworks, Tonawanda, NY. 41°31.176′ N, 081°41.884′ W; then (DATUM: NAD 83), east of the harbor (i) Location. All waters of the East southwest to 41°30.810′ N, 081°42.515′ entrance on the end of the break wall Niagara River within a 500-foot radius W; then southeast to 41°30.450′ N, near Spitzer’s Marina. of barge position: 43°01′12″ N, 081°42.222′ W (the northwest corner of (ii) Enforcement date. This section is 078°53′36″ W; in Tonawanda, NY. dock 28 at the Cleveland Port Authority) effective from 9:45 p.m. to 11 p.m. on (DATUM: NAD 83). then northeast back to the starting point the first weekend in July each year. (ii) Enforcement date. This section is at 41°30.823′ N, 081°41.620′ W. (26) Lorain Port Fest Fireworks effective from 9:30 p.m. to 10:30 p.m. on (DATUM: NAD 83). Display, Lorain, OH. the fourth Sunday in July each year. (ii) Enforcement date. This section is (i) Location. All waters of Lorain (15) Celebrate Erie Fireworks, Erie, effective on a Sunday during the second Harbor within a 250-yard radius of land PA. or third Cleveland Brown’s home game position: 41°28.040′ N, 082°10.365′ W; (i) Location. All waters of Presque Isle each year. in Lorain, OH (DATUM: NAD 83). Bay within an 800-foot radius of land (21) City of Cleveland 4th of July (ii) Enforcement date. This section is position: 42°08′19″ N, 080°05′29″ W; at Fireworks, Cleveland, OH. effective from 9:45 p.m. to 11 p.m. on the end of Dobbins Landing Pier, Erie, (i) Location. All navigable waters of the third weekend in July each year. PA. (DATUM: NAD 83). Cleveland Harbor and Lake Erie within (b) Definitions. The following (ii) Enforcement date. This section is a 400-yard radius of Main Entrance definitions apply to this section: effective from 9:45 p.m. to 10:30 p.m. on Light 5 (LLNR 4180) at position: (1) Designated Representative means the third weekend in August each year. 41°30.23′ N, 081°42.7′ W; in Cleveland, any Coast Guard commissioned, (16) Ashtabula Area Fireworks, OH (DATUM: NAD 83). warrant, or petty officer designated by Walnut Beach, Ashtabula, OH. (ii) Enforcement date. This section is the Captain of the Port Buffalo to (i) Location. All waters of Lake Erie effective from 9:45 p.m. to 11 p.m. on monitor a safety zone, permit entry into and Ashtabula Harbor within a 300-yard the first weekend in July each year. the zone, give legally enforceable orders radius of land position: 41°54.167′ N, (22) Dollar Bank Jamboree Fireworks to persons or vessels within the zones, 080°48.416′ W; in Ashtabula, OH. Display, Cleveland, OH. and take other actions authorized by the (DATUM: NAD 83). (i) Location. All navigable waters of Captain of the Port. (ii) Enforcement date. This section is Cleveland Harbor and Lake Erie (2) Public vessel means vessels effective from 9:45 p.m. to 11 p.m. on beginning at land position: 41°30.823′ owned, chartered, or operated by the the second weekend in July each year. N, 081°41.620′ W (the northwest corner United States, or by a State or political (17) Fairport Harbor Mardi Gras, of Burke Lakefront Airport); continuing subdivision thereof. Fairport Harbor, OH. northwest to 41°31.176′ N, 081°41.884′ (c) Regulations. (1) In accordance with (i) Location. All waters of Fairport W; then southwest to 41°30.810′ N, the general regulations in section 165.23 Harbor and Lake Erie within a 300-yard 081°42.515′ W; then southeast to of this part, entry into, transiting, or radius of land position: 41°45.500′ N, 41°30.450′ N, 081°42.222′ W (the anchoring within this safety zone is 081°16.300′ W; east of the harbor northwest corner of dock 28 at the prohibited unless authorized by the entrance at Fairport Harbor Beach, OH. Cleveland Port Authority) then Captain of the Port Buffalo, or his (DATUM: NAD 83). northeast back to the starting point at designated representative. (ii) Enforcement date. This section is 41°30.823′ N, 081°41.620′ W. (DATUM: (2)(i) These safety zones are closed to effective from 9:45 p.m. to 11 p.m. on NAD 83). all vessel traffic, except as may be the first Saturday of July each year. (ii) Enforcement date. This section is permitted by the Captain of the Port (18) Lake County Perchfest Fireworks, effective from 9:45 p.m. to 11 p.m. on Buffalo or his designated representative. Fairport, OH. the first weekend in July each year. (ii) All persons and vessels must (i) Location. All waters of Fairport (23) Lakewood City Fireworks Display, comply with the instructions of the Harbor and Lake Erie within a 300-yard Lakewood,OH. Coast Guard Captain of the Port or his radius of land position: 41°45.500′ N, (i) Location. All waters of Lake Erie designated representative. 081°16.300′ W; in Fairport, OH. within a 200-yard radius of land (iii) Upon being hailed by the U.S. (DATUM: NAD 83). position: 41°29.755′ N, 081°47.780′ W Coast Guard by siren, radio, flashing (ii) Enforcement date. This section is (off of Lakewood Park); in Lakewood, light or other means, the operator of a effective from 9:45 p.m. to 11 p.m. on OH. (DATUM: NAD 83). vessel shall proceed as directed. the second weekend in September each (ii) Enforcement date. This section is (3)(i) All vessels must obtain year. effective from 9:45 p.m. to 11 p.m. on permission from the Captain of the Port (19) Mentor Harbor Yacht Club the first weekend in July each year. Buffalo or his designated representative Fireworks, Mentor Harbor, OH. (24) Cleveland Yachting Club to enter, move within, or exit the safety (i) Location. All waters of Lake Erie Fireworks Display, Rocky River, OH. zone established in this section when and Mentor Harbor within a 200-yard (i) Location. All waters of the Rocky this safety zone is enforced. radius of 41°43.200′ N, 081°21.400′ W River and Lake Erie within a 200-yard (ii) Vessels and persons granted (west of the harbor entrance); in Mentor radius of land position 41°29.428′ N, permission to enter the safety zone must Harbor, OH. (DATUM: NAD 83). 081°50.309′ W (DATUM: NAD 83) at obey all lawful orders or directions of
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the Captain of the Port or a designated standards for hazardous air pollutants Division of Environmental Protection. In representative. (NESHAP) to the Nevada Division of the Rules and Regulations section of this (iii) While within a safety zone, all Environmental Protection on December Federal Register, EPA is amending vessels must operate at the minimum 4, 2007. EPA is proposing to revise the regulations to reflect the current speed necessary to maintain a safe Code of Federal Regulations to reflect delegation status of NESHAP in Nevada. course. the current delegation status of NESHAP EPA is taking direct final action without (d) Exemption. Public vessels, as in Nevada. prior proposal because the Agency defined in paragraph (b) of this section, DATES: Any comments on this proposal believes this action is not controversial. are exempt from the requirements in must arrive by May 5, 2008. If we receive adverse comments, this section. ADDRESSES: Submit comments, however, we will publish a timely (e) Waiver. For any vessel, the Captain identified by docket number EPA–R09– withdrawal of the direct final rule and of the Port Buffalo or his designated OAR–2008–0229, by one of the address the comments in subsequent representative may waive any of the following methods: action based on this proposed rule. requirements of this section, upon 1. Federal eRulemaking Portal: Please note that if we receive adverse finding that operational conditions or http://www.regulations.gov. Follow the comment on an amendment, paragraph, other circumstances are such that on-line instructions. or section of this rule and if that application of this section is 2. E-mail: [email protected]. provision may be severed from the unnecessary or impractical for the 3. Mail or deliver: Andrew Steckel remainder of the rule, we may adopt as purposes of public or environmental (AIR–4), U.S. Environmental Protection final those provisions of the rule that are safety. Agency Region IX, 75 Hawthorne Street, not the subject of an adverse comment. (f) Notification. The Captain of the San Francisco, CA 94105–3901. We do not plan to open a second Port Buffalo will notify the public that Instructions: All comments will be comment period, so anyone interested that the zones in this proposal are or included in the public docket without in commenting should do so at this will be enforced by all appropriate change and may be made available time. If we do not receive adverse means to the affected segments of the online at http://www.regulations.gov, comments, no further activity is public including publication in the including any personal information planned. For further information, please Federal Register as practicable, in provided, unless the comment includes see the direct final action. accordance with 33 CFR 165.7(a). Such Confidential Business Information (CBI) means of notification may also include, Authority: This action is issued under the or other information whose disclosure is authority of Section 112 of the Clean Air Act, but are not limited to Broadcast Notice restricted by statute. Information that as amended, 42 U.S.C. 7412. to Mariners or Local Notice to Mariners. you consider CBI or otherwise protected Dated: March 19, 2008. The Captain of the Port will issue a should be clearly identified as such and Andrew Steckel, Broadcast Notice to Mariners notifying should not be submitted through the public when enforcement of the http://www.regulations.gov or e-mail. Acting Director, Air Division, Region IX. safety zone established by this section is http://www.regulations.gov is an [FR Doc. E8–6920 Filed 4–2–08; 8:45 am] cancelled. ‘‘anonymous access’’ system, and EPA BILLING CODE 6560–50–P § 165.202 [Removed and Reserved] will not know your identity or contact 3. Remove and reserve § 165.202. information unless you provide it in the body of your comment. If you send e- ENVIRONMENTAL PROTECTION § 165.914 [Removed and Reserved] mail directly to EPA, your e-mail AGENCY 4. Remove and reserve § 165.914. address will be automatically captured 40 CFR Part 271 and included as part of the public Dated: March 25, 2008. comment. If EPA cannot read your [EPA–R03–RCRA–2008–0256; FRL–8549–1] S.J. Ferguson, comment due to technical difficulties Captain, U.S. Coast Guard, Captain of the and cannot contact you for clarification, Virginia: Authorization of State Port Buffalo. EPA may not be able to consider your Hazardous Waste Management [FR Doc. E8–6896 Filed 4–2–08; 8:45 am] comment. Program Revisions BILLING CODE 4910–15–P Docket: The index to the docket for AGENCY: Environmental Protection this action is available electronically at Agency (EPA). http://www.regulations.gov and in hard ACTION: ENVIRONMENTAL PROTECTION copy at EPA Region IX, 75 Hawthorne Proposed rule. AGENCY Street, San Francisco, California. While SUMMARY: Virginia has applied to EPA all documents in the docket are listed in 40 CFR Part 63 for Final authorization of the changes to the index, some information may be its hazardous waste program under the [EPA–R09–OAR–2008–0229; FRL–8550–8] publicly available only at the hard copy Resource Conservation and Recovery location (e.g., copyrighted material), and Act (RCRA). EPA proposes to grant final Delegation of National Emission some may not be publicly available in authorization to Virginia. In the ‘‘Rules Standards for Hazardous Air Pollutants either location (e.g., CBI). To inspect the and Regulations’’ section of this Federal for Source Categories; State of hard copy materials, please schedule an Register, EPA is authorizing the changes Nevada, Nevada Division of appointment during normal business by an immediate final rule. EPA did not Environmental Protection hours with the contact listed in the FOR make a proposal prior to the immediate FURTHER INFORMATION CONTACT section. AGENCY: Environmental Protection final rule because we believe this action Agency (EPA). FOR FURTHER INFORMATION CONTACT: Mae is not controversial and do not expect Wang, EPA Region IX, (415) 947–4124, ACTION: Proposed rule. comments that oppose it. We have [email protected]. explained the reasons for this SUMMARY: Pursuant to section 112(l) of SUPPLEMENTARY INFORMATION: This authorization in the preamble to the the 1990 Clean Air Act, EPA granted document concerns the delegation of immediate final rule. Unless we get delegation of specific national emission unchanged NESHAP to the Nevada written comments which oppose this
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authorization during the comment proposed BFE modifications for the These proposed elevations are used to period, the immediate final rule will communities listed in the table below. meet the floodplain management become effective on the date it The purpose of this notice is to seek requirements of the NFIP and are also establishes, and we will not take further general information and comment used to calculate the appropriate flood action on this proposal. If we receive regarding the proposed regulatory flood insurance premium rates for new comments that oppose this action, we elevations for the reach described by the buildings built after these elevations are will withdraw the immediate final rule downstream and upstream locations in made final, and for the contents in these and it will not take effect. We will then the table below. The BFEs and modified buildings. respond to public comments in a later BFEs are a part of the floodplain Comments on any aspect of the Flood final rule based on this proposal. You management measures that the Insurance Study and FIRM, other than may not have another opportunity for community is required either to adopt the proposed BFEs, will be considered. comment. If you want to comment on or show evidence of having in effect in A letter acknowledging receipt of any this action, you must do so at this time. order to qualify or remain qualified for comments will not be sent. participation in the National Flood DATES: Send your written comments by Administrative Procedure Act Insurance Program (NFIP). In addition, May 5, 2008. Statement. This matter is not a these elevations, once finalized, will be ADDRESSES: Submit your comments by rulemaking governed by the used by insurance agents, and others to one of the following methods: Administrative Procedure Act (APA), 5 calculate appropriate flood insurance 1. Federal eRulemaking Portal: U.S.C. 553. FEMA publishes flood premium rates for new buildings and http://www.regulations.gov. Follow the elevation determinations for notice and the contents in those buildings. on-line instructions for submitting comment; however, they are governed comments. DATES: Comments are to be submitted by the Flood Disaster Protection Act of 2. E-mail: Thomas UyBarreta, on or before July 2, 2008. 1973, 42 U.S.C. 4105, and the National [email protected]. ADDRESSES: The corresponding Flood Insurance Act of 1968, 42 U.S.C. 3. First Class or Overnight Mail: preliminary Flood Insurance Rate Map 4001 et seq., and do not fall under the Thomas UyBarreta, Mailcode 3WC21, (FIRM) for the proposed BFEs for each APA. RCRA State Programs Branch, U.S. EPA community are available for inspection National Environmental Policy Act. Region III, 1650 Arch Street, at the community’s map repository. The This proposed rule is categorically Philadelphia, PA 19103–2029. respective addresses are listed in the excluded from the requirements of 44 4. Hand Delivery or Courier: Deliver table below. CFR part 10, Environmental your comments to Thomas UyBarreta, You may submit comments, identified Consideration. An environmental Mailcode 3WC21, RCRA State Programs by Docket No. FEMA–B–7770, to impact assessment has not been Branch, U.S. EPA Region III, 1650 Arch William R. Blanton, Jr., Chief, prepared. Street, Philadelphia, PA 19103–2029. Engineering Management Branch, Regulatory Flexibility Act. As flood FOR FURTHER INFORMATION CONTACT: Mitigation Directorate, Federal elevation determinations are not within Thomas UyBarreta at 215–814–2953. Emergency Management Agency, 500 C the scope of the Regulatory Flexibility SUPPLEMENTARY INFORMATION: For Street, SW., Washington, DC 20472, (202) 646–3151, or (e-mail) Act, 5 U.S.C. 601–612, a regulatory additional information, please see the flexibility analysis is not required. immediate final rule published in the [email protected]. Executive Order 12866, Regulatory ‘‘Rules and Regulations’’ section of this FOR FURTHER INFORMATION CONTACT: Planning and Review. This proposed Federal Register. William R. Blanton, Jr., Chief, rule is not a significant regulatory action Engineering Management Branch, Dated: March 18, 2008. under the criteria of section 3(f) of Mitigation Directorate, Federal William T. Wisniewski, Executive Order 12866, as amended. Emergency Management Agency, 500 C Acting Regional Administrator, EPA Region Executive Order 13132, Federalism. III. Street, SW., Washington, DC 20472, (202) 646–3151 or (e-mail) This proposed rule involves no policies [FR Doc. E8–6675 Filed 4–2–08; 8:45 am] [email protected]. that have federalism implications under BILLING CODE 6560–50–P Executive Order 13132. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency Executive Order 12988, Civil Justice (FEMA) proposes to make Reform. This proposed rule meets the DEPARTMENT OF HOMELAND applicable standards of Executive Order SECURITY determinations of BFEs and modified BFEs for each community listed below, 12988. Federal Emergency Management in accordance with section 110 of the List of Subjects in 44 CFR Part 67 Agency Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). Administrative practice and 44 CFR Part 67 These proposed BFEs and modified procedure, Flood insurance, Reporting BFEs, together with the floodplain and recordkeeping requirements. [Docket No. FEMA–B–7770] management criteria required by 44 CFR Accordingly, 44 CFR part 67 is Proposed Flood Elevation 60.3, are the minimum that are required. proposed to be amended as follows: Determinations They should not be construed to mean that the community must change any PART 67—[AMENDED] AGENCY: Federal Emergency existing ordinances that are more Management Agency, DHS. stringent in their floodplain 1. The authority citation for part 67 ACTION: Proposed rule. management requirements. The continues to read as follows: community may at any time enact Authority: 42 U.S.C. 4001 et seq.; SUMMARY: Comments are requested on stricter requirements of its own, or Reorganization Plan No. 3 of 1978, 3 CFR, the proposed Base (1 percent annual- pursuant to policies established by other 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, chance) Flood Elevations (BFEs) and Federal, State, or regional entities. 3 CFR, 1979 Comp., p. 376.
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§ 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows:
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Crawford County, Kansas, and Incorporated Areas
Cow Creek ...... Approximately 0.34 mile downstream of South Broad- None +878 Unincorporated Areas of way. Crawford County, City of Pittsburg. Confluence of Second Cow Creek ...... None +891 East Fork of Taylor Branch... Approximately 0.35 mile downstream of East 4th None +899 Unincorporated Areas of Street. Crawford County, City of Pittsburg. At East Atkinson Avenue ...... None +930 First Cow Creek ...... Confluence with Second Cow Creek ...... None +891 Unincorporated Areas of Crawford County, City of Pittsburg. Approximately 53 feet upstream of West 20th Street .. None +908 Taylor Branch ...... Confluence with East Fork Taylor Branch ...... None +897 City of Pittsburg. Approximately 0.36 mile upstream of East 10th Street None +934
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Pittsburg Maps are available for inspection at 201 West 4th Street, Pittsburg, KS 66762. Unincorporated Areas of Crawford County Maps are available for inspection at 111 East Forest, Suite M, Girard, KS 66743.
Yadkin County, North Carolina, and Incorporated Areas
Arnold Branch ...... At the confluence with South Deep Creek ...... None +1030 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Rena Road None +1113 (State Road 1316). Beaverdam Creek ...... At the confluence with Cobb Creek and Jonesville None +909 Unincorporated Areas of Creek. Yadkin County, Town of Jonesville. Approximately 1,190 feet upstream of Haynes Road None +1030 (State Road 1312). Big Kennedy Creek ...... At the Iredell/Yadkin County boundary ...... None +847 Unincorporated Areas of Yadkin County. Approximately 160 feet upstream of the Iredell/Yadkin None +849 County boundary. Cain Mill Branch ...... At the Davie/Yadkin County boundary ...... None +795 Unincorporated Areas of Yadkin County. Approximately 1,590 feet upstream of Snow Road None +858 (State Road 1160). Chinquapin Creek ...... At the Davie/Yadkin County boundary ...... None +788 Unincorporated Areas of Yadkin County. Approximately 90 feet downstream of Baity Road None +805 (State Road 1723). Cobb Creek...... At the confluence with Beaverdam Ceek and None +909 Unincorporated Areas of Jonesville Creek. Yadkin County, Town of Jonesville. Approximately 1.2 miles upstream of Swaim Road ..... None +951 Cranberry Creek ...... At the confluence with South Deep Creek ...... None +844 Unincorporated Areas of Yadkin County. Approximately 1.9 miles upstream of Whitaker Road None +1019 (State Road 1334).
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Deep Creek ...... At the confluence with Yadkin River ...... None +718 Unincorporated Areas of Yadkin County. Approximately 1,150 feet downstream of Speer +732 +731 Bridge Road (State Road 1711). Dobbins Creek ...... At the confluence with North Little Hunting Creek ...... None +977 Unincorporated Areas of Yadkin County. Approximately 0.6 mile upstream of Twin Creek Road None +1060 (State Road 1319). Dobbins Creek Tributary ...... At the confluence with Dobbins Creek ...... None +1040 Unincorporated Areas of Yadkin County. At the downstream side of Sandy Creek Drive ...... None +1051 Fall Creek ...... At the confluence with Yadkin River ...... None +833 Unincorporated Areas of Yadkin County. Approximately 1,575 feet upstream of NC Highway 67 None +960 Fisher Creek ...... At the confluence with South Deep Creek ...... None +777 Unincorporated Areas of Yadkin County. Approximately 910 feet upstream of Brandon Hills None +798 Road (State Road 1153). Flat Rock Branch ...... At the confluence with North Little Hunting Ceek ...... None +839 Unincorporated Areas of Yadkin County. Approximately 810 feet downstream of Flat Rock None +941 Church Road. Forbush Creek ...... At the confluence with Yadkin River ...... None +720 Unincorporated Areas of Yadkin County. Approximately 400 feet upstream of Union Grove None +922 Church Road (State Road 1585). Forbush Creek Tributary 1 .... At the confluence with Forbush Creek ...... None +747 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of the confluence None +762 with Forbush Creek. Forbush Creek Tributary 2 .... At the confluence with Forbush Creek ...... None +748 Unincorporated Areas of Yadkin County. Approximately 1.1 miles upstream of the confluence None +795 with Forbush Creek. Forbush Creek Tributary 3 .... At the confluence with Forbush Creek ...... None +809 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of the confluence None +836 with Forbush Creek. Forbush Creek Tributary 4 .... At the confluence with Forbush Creek ...... None +830 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of Griffin Road None +852 (State Road 1591). Forbush Creek Tributary 5 .... At the confluence with Forbush Creek ...... None +889 Unincorporated Areas of Yadkin County. Approximately 0.8 mile upstream of Bovendertown None +942 Road (State Road 1584). Hall Creek ...... At the confluence with Yadkin River ...... None +778 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of the confluence of None +902 Hall Creek Tributary 2. Hall Creek Tributary 1 ...... At the confluence with Hall Creek ...... None +853 Unincorporated Areas of Yadkin County. Approximately 0.6 mile upstream of the confluence None +875 with Hall Creek. Hall Creek Tributary 2 ...... At the confluence with Hall Creek ...... None +874 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of the confluence None +901 with Hall Creek. Harmon Creek ...... Approximately 0.5 mile upstream of the confluence +740 +741 Unincorporated Areas of with South Deep Creek. Yadkin County. Approximately 1,990 feet upstream of Ray T Moore None +812 Road (State Road 1725). Hauser Creek ...... At the confluence with Yadkin River ...... None +711 Unincorporated Areas of Yadkin County. At the Davie/Yadkin County boundary ...... None +711
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Haw Branch ...... At the confluence with North Deep Creek ...... None +800 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1.1 miles upstream of the confluence None +825 with North Deep Creek. Jonesville Creek ...... At the confluence with Sandyberry Creek ...... None +896 Town of Jonesville. At the confluence of Cobb Creek and Beaverdam None +909 Creek. Lineberry Creek ...... At the confluence with Yadkin River ...... None +883 Unincorporated Areas of Yadkin County. Approximately 1.2 miles upstream of NC Highway 67 None +900 Little Forbrush Creek ...... At the confluence with Forbrush Creek ...... None +769 Unincorporated Areas of Yadkin County. Approximately 1.3 miles upstream of the confluence None +956 with Little Forbrush Creek Tributary 1. Little Forbush Creek Tribu- At the confluence witih Little Forbush Creek ...... None +880 Unincorporated Areas of tary 1. Yadkin County. Approximately 0.9 mile upstream of the confluence None +956 with Little Forbush Creek. Logan Creek ...... At the confluence with Forbush Creek ...... None +720 Unincorporated Areas of Yadkin County. Approximately 1,180 feet downstream of NC Highway None +959 67. Logan Creek Tributary 1 ...... At the confluence with Logan Creek ...... None +813 Unincorporated Areas of Yadkin County. Approximately 2.2 miles upstream of the confluence None +883 with Logan Creek. Logan Creek Tributary 2 ...... At the confluence with Logan Creek ...... None +850 Unincorporated Areas of Yadkin County. Approximately 1,800 feet upstream of Dal Road None +906 (State Road 1581). Logan Creek Tributary 3 ...... At the confluence with Logan Creek ...... None +912 Unincorporated Areas of Yadkin County. Approximately 1.5 miles upstream of Mill Hill Road None +987 (State Road 1542). Loney Creek ...... At the confluence with Logan Creek ...... None +739 Unincorporated Areas of Yadkin County. Approximately 1.7 miles upstream of the confluence None +786 with Logan Creek. Long Branch ...... At the Iredell/Yadkin County boundary ...... None +898 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of Barron Hill Road None +948 (State Road 1102). Long Branch North ...... At the confluence with North Little Hunting Creek ...... None +938 Unincorporated Areas of Yadkin County. Approximately 1,350 feet upstream of Wells Hollow None +1075 Drive. Mill Branch ...... At the confluence with Logan Creek ...... None +722 Unincorporated Areas of Yadkin County. Approximately 1.2 miles upstream of Bloomtown None +758 Road (State Road 1569). Miller Creek ...... At the confluence with Yadkin River ...... None +757 Unincorporated Areas of Yadkin County. Approximately 60 feet downstream of Apperson Road None +766 (State Road 1557). North Deep Creek ...... Approximately 250 feet upstream of the confluence None +739 Unincorporated Areas of with Deep Creek and South Deep Creek. Yadkin County, Town of Yadkinville. Approximately 1,290 feet downstream of Center Road None +1079 (State Road 1381). North Deep Creek Tributary At the confluence with North Deep Creek ...... None +831 Unincorporated Areas of 1. Yadkin County. Approximately 1.5 miles upstream of the confluence None +872 with North Deep Creek. North Deep Creek Tributary At the confluence with North Deep Creek ...... None +835 Unincorporated Areas of 2. Yadkin County, Town of Yadkinville.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Approximately 1.1 miles upstream of U.S. Highway None +897 601. North Deep Creek Tributary At the confluence with North Deep Creek Tributary 2 None +860 Town of Yadkinville. 2A. Approximately 0.7 mile upstream of the confluence None +877 with North Deep Creek Tributary 2. North Deep Creek Tributary At the confluence with North Deep Creek ...... None +840 Unincorporated Areas of 3. Yadkin County. Approximately 0.4 mile upstream of Shugarts Mill None +873 Road (State Road 1379). North Deep Creek Tributary At the confluence with North Deep Creek ...... None +847 Unincorporated Areas of 4. Yadkin County, Town of Boonville. Approximately 1.0 mile upstream of Baptist Church None +941 Road. North Deep Creek Tributary At the confluence with North Deep Creek Tributary 4 None +854 Unincorporated Areas of 4A. Yadkin County. Approximately 0.7 mile upstream of the confluence None +875 with North Deep Creek Tributary 4. North Deep Creek Tributary At the confluence with North Deep Creek Tributary 4 None +884 Unincorporated Areas of 4B. Yadkin County. Approximately 0.4 mile upstream of Abraham Road None +921 (State Road 1512). North Little Hunting Creek .... At the Iredell/Yadkin County boundary ...... None +813 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Union Church None +1025 Road (State Road 1109). North Little Hunting Creek At the confluence with North Little Hunting Creek ...... None +825 Unincorporated Areas of Tributary 1. Yadkin County. Approximately 0.5 mile upstream of the confluence None +836 with North Little Hunting Creek. North Little Hunting Creek At the confluence with North Little Hunting Creek ...... None +947 Unincorporated Areas of Tributary 2. Yadkin County. Approximately 210 feet downstream of Old U.S. High- None +1091 way 421 West. Roby Creek ...... At the confluence with Turner Creek ...... None +712 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of Georgia Road None +761 (State Road 1717). Rocky Branch ...... At the confluence with North Little Hunting Creek ...... None +887 Unincorporated Areas of Yadkin County. Approximately 630 feet downstream of Rocky Branch None +1027 Road. Sandyberry Creek ...... At the upstream side of Center Road ...... None +948 Unincorporated Areas of Yadkin County, Town of Jonesville. Approximately 140 feet downstream of Interstate 77 .. None +1062 South Deep Creek ...... At Old Stage Road (State Road 1733) ...... None +741 Unincorporated Areas of Yadkin County, Town of Yadkinville. Approximately 1,700 feet downstream of Rock House None +1043 Mountain Road (State Road 1349). South Deep Creek Tributary At the confluence with South Deep Creek ...... None +763 Unincorporated Areas of 1. Yadkin County, Town of Yadkinville. Approximately 1,580 feet upstream of Billy Reynolds None +932 Road (State Road 1134). South Deep Creek Tributary At the confluence with South Deep Creek ...... None +780 Unincorporated Areas of 3. Yadkin County. Approximately 0.5 mile upstream of Merry Acres None +818 Drive. South Deep Creek Tributary At the confluence with South Deep Creek Tributary 3 None +784 Unincorporated Areas of 3A. Yadkin County. Approximately 780 feet upstream of Helton Road None +802 (State Road 1136). South Deep Creek Tributary At the confluence with South Deep Creek Tributary 3 None +794 Unincorporated Areas of 3B. Yadkin County.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Approximately 0.5 mile upstream of Arnold Road None +827 (State Road 1132). South Deep Creek Tributary At the confluence with South Deep Creek ...... None +885 Unincorporated Areas of 4. Yadkin County. Approximately 0.4 mile upstream of Cranberry Road None +1078 (State Road 1343). South Deep Creek Tributary At the confluence with South Deep Creek Tributary 4 None +1051 Unincorporated Areas of 4A. Yadkin County. Approximately 550 feet downstream of Longtown None +1075 Road (State Road 1338). South Deep Creek Tributary At the confluence with South Deep Creek ...... None +930 Unincorporated Areas of 5. Yadkin County. Approximately 900 feet upstream of Marler Road None +1076 (State Road 1103). South Deep Creek Tributary At the confluence with South Deep Creek Tributary 5 None +954 Unincorporated Areas of 5A. Yadkin County. Approximately 360 feet downstream of Marler Road None +1043 (State Road 1103). South Deep Creek Tributary At the confluence with South Deep Creek ...... None +1007 Unincorporated Areas of 6. Yadkin County. Approximately 160 feet downstream of U.S. Highway None +1017 21. South Deep Tributary 7 ...... At the confluence with South Deep Creek ...... None +1020 Unincorporated Areas of Yadkin County. Approximately 1,100 feet downstream of Swaims None +1035 Church Road (State Road 1347). Steelman Creek ...... At the Davie/Yadkin County boundary ...... None +795 Unincorporated Areas of Yadkin County. Approximately 0.9 mile upstream of Else Road (State None +829 Road 1163). Tanyard Creek ...... At the confluence with Yadkin River ...... None +840 Unincorporated Areas of Yadkin County, Town of Boonville. Approximately 1.4 miles upstream of River Road None +909 (State Road 1367). Turner Creek ...... At the confluence with Yadkin River ...... None +712 Unincorporated Areas of Yadkin County. Approximately 0.4 mile upstream of Turners Creek None +824 Road (State Road 1728). Turner Creek Tributary 1 ...... At the confluence with Turner Creek ...... None +712 Unincorporated Areas of Yadkin County. Approximately 0.7 mile upstream of the confluence None +719 with Turner Creek. Walkers Branch ...... At the confluence with North Little Hunting Creek ...... None +880 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Buck Shoals None +1006 Road (State Road 1103). Williams Creek ...... At the confluence with Yadkin River ...... None +882 Unincorporated Areas of Yadkin County. Approximately 180 feet upstream of Hailey Drive ...... None +899 Yadkin River ...... At the Davie/Forsyth/Yadkin County boundary ...... None +711 Unincorporated Areas of Yadkin County, Town of Jonesville. Approximately 500 feet downstream of the Surry/ +904 +903 Wilkes/Yadkin County boundary. Yadkin River Tributary 10 ..... At the confluence with Yadkin River ...... None +748 Unincorporated Areas of Yadkin County. Approximately 90 feet downstream of Hauser Road ... None +784 Yadkin River Tributary 11 ..... At the confluence with Yadkin River ...... None +854 Unincorporated Areas of Yadkin County, Town of Boonville. Approximately 1.0 mile upstream of U.S. Highway None +964 601. Yadkin River Tributary 15 ..... At the confluence with Yadkin River ...... None +815 Unincorporated Areas of Yadkin County. Approximately 475 feet upstream of Limerock Road None +826 (State Road 1529).
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Yadkin River Tributary 17 ..... At the confluence with Yadkin River ...... None +827 Unincorporated Areas of Yadkin County. Approximately 0.5 mile upstream of Doe Run Drive ... None +849 Yadkin River Tributary 27 ..... At the confluence with Yadkin River ...... None +771 Unincorporated Areas of Yadkin County, Town of East Bend. Approximately 3.2 miles upstream of the confluence None +951 with Yadkin River. Yadkin River Tributary 9 ...... At the confluence with Yadkin River ...... None +741 Unincorporated Areas of Yadkin County. Approximately 1.8 miles upstream of Butner Mill Road None +847 (State Road 1562).
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Town of Boonville Maps are available for inspection at Boonville Town Hall, 110 North Carolina Avenue, Boonville, NC. Town of East Bend Maps are available for inspection at East Bend Town Hall, 108 West Main Street, East Bend, NC. Town of Jonesville Maps are available for inspection at Jonesville Town Hall, 136 West Main Street, Jonesville, NC. Town of Yadkinville Maps are available for inspection at Yadkinville Town Hall, 213 Van Buren Street, Yadkinville, NC. Unincorporated Areas of Yadkin County Maps are available for inspection at Yadkin County Manager’s Office, 217 East Willow Street, Yadkinville, NC.
Bexar County, Texas, and Incorporated Areas
Ackerman Creek ...... At the confluence with Rosillo Creek ...... None +651 City of San Antonio. Approximately 1,600 feet upstream of Candlemeadow None +698 Balcones Creek ...... At the confluence with Cibolo Creek ...... +1278 +1277 City of Fair Oaks Ranch, City of San Antonio, Un- incorporated Areas of Bexar County. At the confluence with Tributary A ...... None +1580 Beital Creek Tributary A ...... Approximately 600 feet upstream of confluence with +722 +723 City of San Antonio, City Beital Creek. of Windcrest. Approximately 1,500 feet upstream of Jim Seal Drive None +792 Bertal Creek ...... Just upstream of confluence with Salado Creek ...... +694 +697 City of San Antonio. Just upstream of Nacogdoches Road ...... +827 +828 Caracol Creek ...... Approximately 600 feet upstream of confluence with +773 +770 City of San Antonio. Medio Creek. Approximately 3,700 feet upstream of West Military None +854 Drive. Catalpa Pershing Channel .... Just upstream of U.S. Highway 281 ...... None +661 City of San Antonio. Approximately 1,000 feet upstream of Mulberry Ave- None +672 nue. Chimenea Creek ...... At the confluence with Helotes Creek ...... None +1086 City of San Antonio. Approximately 5 miles upstream of Private Road ...... None +1398 Comanche Creek ...... Approximately 4,500 feet downstream of Mauemann None +525 City of San Antonio. Road. Approximately 700 feet upstream of Applewhite Road None +572 Concepcion Creek...... Approximately 400 feet downstream of Probandt None +592 City of San Antonio. Street. Approximately 400 feet upstream of U.S. Highway 90 None +683 W Access Road. Culebra Creek ...... Approximately 1,800 feet upstream of confluence with +775 +779 City of San Antonio. Leon Creek. Approximately 9,000 feet upstream of Galm Road ...... None +1003 Culebra Creek Tributary A .... Just downstream of Grissom Road ...... +794 +792 City of San Antonio.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Approximately 1,500 feet upstream of Dover Ridge .... None +899 Culebra Creek Tributary B .... Approximately 200 feet downstream of Culebra Road None +864 City of San Antonio. Approximately 600 feet upstream of Culebra Road ..... None +868 Culebra Creek Tributary C.... Approximately 4,000 feet downstream of FM 1560 None +895 City of San Antonio, City North. of Helotes. Approximately 500 feet upstream of Beverly Hills None +996 Road. Culebra Creek Tributary C–1 Approximately 800 feet upstream of the confluence None +909 City of San Antonio. with Culebra Creek Tributary C at the FM 1560 N. Approximately 1,800 feet upstream of Shaenfield None +923 Road. Culebra Creek Tributary D.... Approximately 2,400 feet downstream of FM 1560 None +892 City of San Antonio. North. Approximately 3,200 feet upstream of Gass Road ...... None +960 Culebra Creek Tributary E .... Approximately 110 feet upstream of Galm Road ...... None +953 City of San Antonio. Approximately 2,700 feet upstream of Remuda Ranch None +998 Culebra Creek Tributary F .... Approximately 1,500 feet upstream of Kallison Lane .. None +980 City of San Antonio. Approximately 6,200 feet upstream of Kallison Lane .. None +1007 Elm Creek ...... At the confluence with Mud Creek ...... +794 +790 City of San Antonio. Approximately 900 feet upstream of Loop 1604 Ac- +833 +834 cess Road. Elm Waterhole Creek...... Approximately 4,300 feet downstream of Redland +798 +796 City of San Antonio. Road. Approximately 2,700 feet downstream of Judson None +847 Road. Escondido Creek ...... Approximately 700 feet downstream of private road None +575 City of San Antonio, City near the confluence with Martinez Creek B. of New Berlin. Approximately 1,200 feet upstream of Binz-Engleman None +695 Road. Fort Sam Houston Tributary Just upstream of Road S–33 E ...... +647 +645 Unincorporated Areas of Bexar County, City of San Antonio, City of Terrell Hills. Approximately 300 feet upstream of Rittiman Road .... None +746 French Creek ...... Approximately 1,250 feet downstream of Private Road None +826 City of San Antonio. at 7581 Bandera Road. Approximately 150 feet upstream of FM 1560 at None +995 French Creek. French Creek Tributary A ..... Just upstream of Hausman Road South ...... +922 +923 City of San Antonio. Just upstream of Loop 1604 West Access Road ...... +938 +936 French Creek Tributary B ..... Approximately 600 feet downstream of Loop 1604 +926 +929 City of San Antonio. West Access Road. Just upstream of Loop 1604 West Access Road ...... +936 +937 French Creek Tributary No. 2 Approximately 1,180 feet downstream of Braun Hol- None +848 City of San Antonio. low. Approximately 980 feet downstream of Braun Hollow None +849 French Creek Tributary No. 4 Approximately 1,370 feet upstream of Guilbeau Road None +852 City of San Antonio. along French Creek. Approximately 970 feet upstream of Tezel Road ...... None +908 Government Canyon Tribu- Approximately 500 feet upstream of confluence with None +1198 City of San Antonio. tary E. Government Canyon. Approximately 900 feet upstream of confluence with None +1216 Government Canyon. Government Canyon Creek .. Approximately 950 feet upstream of confluence with None +926 City of San Antonio. Culebra Creek. Approximately 1,300 feet upstream of Helotes Springs None +1327 Government Canyon Creek Approximately 2,900 feet upstream of Galm Road None +968 City of San Antonio. Tributary B. along Government Canyon Creek. Approximately 1.2 miles above Galm Road along None +1000 Government Canyon Creek. Government Canyon Creek Approximately 170 feet upstream of confluence with None +1028 City of San Antonio. Tributary C. Government Canyon. Approximately 1,600 feet upstream of confluence with None +1055 Government Canyon. Government Canyon Creek Approximately 1,050 feet upstream of Galm Road ...... None +958 City of San Antonio. Tributary A. Approximately 3.5 miles upstream of Galm Road ...... None +1132
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Government Canyon Greek Approximately 650 feet upstream of confluence with None +1176 City of San Antonio. Tributary D. Government Canyon Creek. Approximately 4,100 feet upstream of confluence with None +1216 Government Canyon Creek. Helotes Creek ...... Approximately 2,000 feet upstream of confluence with +855 +852 City of San Antonio, City Culebra Creek. of Grey Forest, City of Helotes. Approximately 3,000 feet upstream of Four Rogers None +1240 Road. Helotes Creek Tributary A .... Approximately 2,800 feet downstream of FM 1560 None +970 City of San Antonio, City North. of Helotes. Approximately 700 feet upstream of Parrigin Road ..... None +1039 Huebner Creek ...... Approximately 400 feet upstream of Ingram Road ...... +765 +768 City of San Antonio, City of Leon Valley. Approximately 2,500 feet downstream of DeZavala +958 +956 Road. Huebner Creek Tributary A... Approximately 1,300 feet downstream of Eckhert +841 +843 City of San Antonio. Road. Approximately 260 feet downstream of Southwell None +918 Road. Huesta Creek ...... Approximately 2,400 feet downstream of Old Babcock +920 +922 City of San Antonio. Road. Approximately 5,000 feet upstream of Arroyo Hondo .. None +1102 Huesta Creek Tributary A ..... Just upstream of Hausman Road ...... None +957 City of San Antonio. Approximately 1,300 feet upstream of Old Cedar Bou- None +989 levard. Indian Creek ...... Approximately 4,000 feet downstream of Ripps Ranch +565 +572 City of San Antonio. Road. Approximately 600 feet upstream of Medina Base None +716 Road. Lee Creek ...... Just downstream of Hilltop Drive ...... +1105 +1106 City of San Antonio, City of Grey Forest. Approximately 1,600 feet downstream of Babcock None +1240 Road. Leon Creek ...... Approximately 2,500 feet upstream of Missouri Pacific None +519 City of San Antonio, Unin- Railroad along Medina River. corporated Areas of Bexar County. Approximately 4,900 feet upstream of Miranda Ridge None +1400 Leon Creek Overflow ...... Just upstream of Prue Road at confluence with Leon +888 +889 City of San Antonio. Creek. Approximately 1,230 feet downstream at Hausman +946 +948 Road. Leon Creek Tributary B ...... Approximately 500 feet upstream of confluence with None +598 City of San Antonio. Leon Creek. Approximately 130 feet downstream of Somerset None +624 Road. Leon Creek Tributary C ...... Approximately 750 feet upstream of confluence with None +635 City of San Antonio. Leon Creek. Approximately 2,200 feet upstream of Southwest Mili- None +653 tary Drive. Leon Creek Tributary D ...... Approximately 120 feet downstream of Kelly Drive ..... None +667 Unincorporated Areas of Bexar County. Approximately 1,600 feet downstream of Growndon None +675 Road. Leon Creek Tributary E ...... At confluence with Leon Creek ...... None +672 Unincorporated Areas of Bexar County. Approximately 140 feet downstream of Unnamed None +719 Street in Lackland AFB. Leon Creek Tributary E1 ...... Approximately 210 feet upstream of confluence with None +672 Unincorporated Areas of Leon Creek Tributary E. Bexar County. Approximately 100 feet upstream of Kenly Avenue ..... None +738 Leon Creek Tributary F ...... At confluence with Leon Creek ...... None +713 City of San Antonio. Just upstream of South Callaghan Road ...... None +715 Leon Creek Tributary J ...... Approximately 300 feet downstream of Intersate High- None +1107 City of San Antonio. way 10 West. Approximately 200 feet downstream of Cielo Vista None +1174 Road.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Leon Creek Tributary L ...... Approximately 150 feet upstream of Boerne Stage None +1149 City of San Antonio. Road. Approximately 1,900 feet upstream of Boerne Stage None +1157 Road. Leon Creek Tributary M...... Approximately 1,300 feet downstream of Boerne None +1202 City of San Antonio. Stage Road. Approximately 2.18 miles upstream of Boerne Stage None +1348 Road. Leon Creek Tributary N ...... Approximately 350 feet upstream of confluence with None +1277 City of San Antonio. Leon Creek at the Unnamed Road. Approximately 3,700 feet upstream of Unnamed Road None +1323 Live Oak Slough ...... Approximately 1,700 feet downstream of Rife Lane .... None +559 City of San Antonio. Approximately 1,200 feeet upstream of Old Pearsall None +617 Road at Loop 1604. Lorence Creek ...... Approximately 100 feet downstream of Entrance Ave- +738 +736 City of San Antonio, Town nue. of Hollywood Park. Just upstream of Sonterra Boulevard ...... None +967 Los Reyes Creek...... Approximately 2,000 feet downstream of Antonio +1025 +1026 City of San Antonio, City Drive. of Helotes. Approximately 4,200 feet upstream of State Highway None +1299 16 North. Los Reyes Creek Tributary A Approximately 300 feet upstream of confluence with None +1175 City of San Antonio. Los Reyes Creek. Approximately 250 feet upstream of Private Road at None +1210 18524 State Highway 16. Lower French Creek ...... Approximately 170 feet downstream of Heliport Drive +800 +802 City of San Antonio. Approximately 100 feet downstream of Low Bid Lane +826 +825 Lower Mud Creek ...... Just downstream of Wurzbach Parkway ...... +737 +732 City of San Antonio. Approximately 6,000 feet upstream of west Bound None +893 Loop 1604. Macaway Creek ...... Approximately 4,000 feet downstream of U.S. High- None +509 Unincorporated Areas of way 87. Bexar County, City of San Antonio. Approximately 1,450 feet downstream of LaVernia None +614 Road. Martinez Creek B ...... At the confluence with Cibolo Creek ...... None +527 City of St. Hedwig, City of New Berlin, City of San Antonio. Approximately 1,400 feet upstream of Crestway Drive None +822 Maverick Creek ...... Approximately 400 feet upstream of Old Babcock +925 +926 City of San Antonio. Road. Approximately 1,400 feet upstream of Kyle Seale None +1174 Parkway. Medina River ...... Approximately 2,000 feet upstream of Interstate High- None +478 City of San Antonio, Unin- way 37 South along San Antonio River. corporated Areas of Bexar County. Approximately 5,000 feet upstream of Gross Lane ..... +688 +690 Medio Creek ...... Approximately 100 feet downstream of Campground None +556 City of San Antonio, Unin- Road. corporated Areas of Bexar County. Approximately 8,700 feet upstream of Talley Road ..... None +875 Meusebach Creek ...... Approximately 1,370 feet downstream of private road None +1111 City of San Antonio, Unin- at 188 Specht Road. corporated Areas of Bexar County. Approximately 1,360 feet upstream of Blanco Road ... None +1140 New Braunfels Avenue, Aus- At the confluence with San Antonio River ...... +682 +684 City of Alamo Heights, City tin Highway and Broadway of San Antonio, City of Drain. Terrell Hills. Just upstream of Ridgehaven Place ...... None +794 Nichols Creek ...... Just downstream of Aue Road ...... None +1131 City of San Antonio. Approximately 1,700 feet upstream of Old Fredericks- None +1241 burg Access Road. Nichols Creek Tributary 1 ..... Just downstream of Interstate Highway 10 West Ac- None +1158 City of San Antonio. cess Road. Approximately 900 feet downstream of Lost Creek None +1166 Way.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Olmos Creek (Lower and At confluence with San Antonio River ...... +726 +722 Town of Shavano Park, Upper Reaches). City of Alamo Heights, City of Castle Hills, City of San Antonio. Approximately 3,000 feet upstream of Lou Mell Road None +1047 Panthe Spring Creek ...... Just upstream of North Loop Road ...... +798 +796 City of San Antonio, Town of Hollywood Park. Approximately 3,000 feet upstream of Loop 1604 ...... None +963 Pecan Creek ...... Approximately 550 feet upstream of confluence with None +1237 City of San Antonio. Leon Creek. Just downstream of Private Road at 26690 Toutant None +1366 Beauregard Road. Polecat Creek ...... Approximately 2,900 feet downstream of Cagnon None +618 City of San Antonio. Road. Just upstream of South Keller Road ...... +701 +703 Quail Creek ...... Just downstream of Interstate Highway 410 ...... +707 +709 City of San Antonio. Approximately 1,300 feet upstream of Oakhaven None +754 Road. Ranch Creek ...... Approximately 650 feet upstream of confluence with None +1092 City of San Antonio. Los Reyes Creek. Approximately 4,000 feet upstream of confluence with None +1123 Los Reyes Creek. Rittman Creek ...... Just downstream of Summer Fest ...... None +689 City of Kirby, City of San Antonio. Approximately 3,000 feet upstream of Rittman Road .. None +719 Rock Creek ...... At confluence with Olmos Creek ...... +761 +763 City of San Antonio. Approximately 600 feet downstream of Datapoint None +894 Road. Rosillo Creek...... Approximately 400 feet upstream of Old Corpus None +532 City of Kirby, City of San Christi Road. Antonio. Approximately 550 feet upstream of Walzem Road .... None +756 Rundale Creek ...... Approximately 250 feet downstream of private road at None +1457 Unincorporated Areas of Upper Balcones Road. Bexar County. Approximately 4,050 feet upstream of Upper None +1639 Balcoones Road. Salado Creek ...... At the confluence with San Antonio River ...... None +599 City of San Antonio, Town of Shavano Park, Unin- corporated Areas of Bexar County. Approximately 100 feet downstream of Loop W Ac- +951 +948 cess Road. San Antonio River ...... Approximately 4.5 miles downstream of Loop 1604 .... None +435 City of San Antonio, City of Alamo Heights. Downstream of Almos Dam ...... +686 +685 Selma Creek ...... At confluence with Cibolo Creek ...... +738 +743 City of Selma, City of San Antonio. Approximately 1,900 feet upstream of Loop 1604 ...... None +850 Slick Ranch Creek ...... Approximately 1,000 feet downstream of Pinn Road .. +706 +711 City of San Antonio. Approximately 1,100 feet upstream of Rogers Road ... None +874 Slick Ranch Creek Tributary Approximately 650 feet upstream of Richland Hills None +761 City of San Antonio. B. Road. Approximately 1,400 feet upstream of Potranco Road None +778 Tributary A to Panther Approximately 1,200 feet downstream of Blanco Road None +844 City of San Antonio. Springs Creek. at confluence with Panther Spring Creek. Approximately 200 feet downstream of Loop 1604 W None +942 Access Road. Tributary A to Salado Creek Just downstream of Unnamed Park Road at Pecan +570 +573 City of San Antonio. Valley. Approximately 200 feet upstream of Gateway ...... None +602 Tributary A–1 to Panther Approximately 50 feet downstream of Private Road ... None +921 City of San Antonio. Spring Creek. Just downstream of Loop 1604 W Access Road ...... None +962 Tributary B To Salado Creek At confluence with Salado Creek ...... +596 +598 City of San Antonio. Approximately 400 feet upstream of Amanda Street ... None +622 Tributary C to Salado Creek At confluence with Salado Creek ...... +620 +621 City of San Antonio. Just upstream of Seguin Street ...... None +691
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Tributary C to Selma Creek .. Approximately 1,600 feet downstream of North Loop None +799 City of Selma, City of Live 1604. Oak, City of San Anto- nio. Approximately 2,700 feet upstream of North Loop None +846 1604. Tributary D to Salado Creek Just upstream of Ira Lee Road ...... +705 +708 City of San Antonio. Approximately 900 feet upstream of Tesoro River ...... None +753 Tributary D to Selma Creek .. Approximately 250 feet downstream of North Loop None +813 City of San Antonio. 1604 Access Road. Approximately 1,700 feet upstream of North Loop None +853 1604 Access Road. Tributary E To Salado Creek Approximately 550 feet downstream of Nacogdoches +725 +727 City of San Antonio. Road. Approximately 600 feet upstream of Perrin Beitel None +787 Road. Tributary E to Martinez Creek Approximately 400 feet downstream of NRCS Dam None +638 City of San Antonio. B. No 2. Approximately 1,500 feet downstream of Lucky Feilds None +688 Tributary E to Salado Creek Approximately 1,200 feet upstream of Nacogdoches +721 +724 City of San Antonio. Road. Approximately 900 feet upstream of O’Connor Road .. None +868 Tributary F to Martinez Creek Approximately 3,000 feet downstream of Walzem None +678 City of San Antonio. B. Road. Approximately 1,800 feet upstream of Elm Trail Drive None +733 Tributary G to Martinez Approximately 750 feet upstream of confluence with None +1370 City of San Antonio. Creek B. Balcones Creek at Boerne Stage Road. Approximately 2,700 feet upstream of confluence with None +1391 Balcones Creek at Boerne Stage Road. Tuttle Road Ditch...... Approximately 300 feet downstream of Harry None +684 City of Terrell Hills, City of Wurzbach Road. San Antonio, Unincor- porated Areas of Bexar County. Approximately 500 feet upstream of Harry Wurzbach None +697 Road. US 281 Tributary Salado Downstream of Country Parkway ...... +782 +784 City of Hill Country Village, Creek. City of San Antonio. Upstream of Blackhawk Trail ...... None +881 UTSA Tributary to Leon Approximately 1,300 feet upstream of UTSA Boule- +960 +956 City of San Antonio. Creek. vard. Approximately 700 feet upstream of UTSA Boulevard +975 +972 Unnamed Tributary 1 to At confluence with Beitel Creek ...... None +707 City of San Antonio. Beitel Creek. Just upstream of Interstate Highway 35 ...... None +752 Unnamed Tributary 1 to Elm Just upstream of Loop 1604 E Access Road at con- None +833 City of San Antonio. Waterhole Creek. fluence with Elm Waterhole Creek. Approximately 1,000 feet downstream of Roseheart ... None +892 Unnamed Tributary 2 in Just downstream of Rock Creek Run ...... None +836 City of San Antonio. Olmos Creek Watershed. Approximately 800 feet upstream of Rock Creek Run None +847 Unnamed Tributary 2 to Downstream of Old O’Connor Road ...... None +789 City of San Antonio. Beitel Creek. Just upstream of Judson Road ...... None +848 Unnamed Tributary 3 in Downstream of Greely Street ...... None +722 City of Alamo Heights. Olmos Creek Watershed. Approximately 250 feet downstream of Townsend Av- None +746 enue. Unnamed Tributary 3 to Approximately 100 feet downstream of O’Connor None +812 City of San Antonio. Beitel Creek. Road. Approximately 1,500 feet upstream of Dreamwood None +850 Drive. Unnamed Tributary 5 in At the confluence with Olmos Creek ...... None +960 Town of Shavano Park, Olmos Creek Watershed. City of San Antonio. Approximately 5,000 feet upstream of Northwest Loop None +1041 1604. Unnamed Tributary 5 to Approximately 900 feet downstream of West Loop None +828 City of San Antonio. Caracol. 1604 N. Approximately 300 feet upstream of Copperfield ...... None +866
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
Unnamed Tributary 6 in At confluence with West Fork Olmos Creek ...... None +932 City of San Antonio. Olmos Creek Watershed. Approximately 600 feet upstream of DeZavala Road .. None +942 Unnamed Tributary to At the confluence with Rundale Creek ...... None +1480 Unincorporated Areas of Rundale Creek. Bexar County. Approximately 70 feet upstream of Grow Ranch ...... None +1548 Walzem Creek ...... Just upstream of Judivan Drive ...... +673 +678 City of Windcrest, City of San Antonio. Approximately 200 feet downstream of Crestway +840 +841 Drive. West Fork Olmos Creek Approximately 1,300 feet upstream of confluence with +830 +831 City of San Antonio. Upper. Olmos Creek. Approximately 4,000 feet upstream of Rod Maple- None +970 wood. West Salitrillo Creek ...... Approximately 100 feet downstream of FM 1516 ...... +647 +646 City of San Antonio, City of Converse, City of Live Oak, Unincorporated Areas of Bexar County. About 200 feet upstream of Avery Road ...... +889 +886 West Tributary to Rosillo Approximately 550 feet upstream of confluence with None +673 City of Kirby. Creek. Rosillo Creek. Approximately 500 feet upstream of Old Seguin Road None +694 Westwood Village Creek ...... Approximately 100 feet upstream of Old U.S. High- +698 +700 City of San Antonio. way 90. Approximately 1,000 feet upstream of Pinn Road ...... None +724 Wildcat Canyon ...... At confluence with Government Canyon Creek ...... None +1058 City of San Antonio. Approximately 300 feet upstream of confluence with None +1058 Government Canyon Creek. Woman Hollering Creek ...... Approximately 850 feet downstream of New Berlin None +539 Unincorporated Areas of Road. Bexar County, City of New Berlin, City of Schertz, City of St. Hedwig. Approximately 1,100 feet usptream of Golf Road ...... None +719
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Alamo Heights Maps are available for inspection at 6116 Broadway Street, San Antonio, TX 78209. City of Castle Hills Maps are available for inspection at 6915 West Avenue, Castle Hills, TX 78213. City of Converse Maps are available for inspection at 403 South Seguin, P. O. Box 35, Converse, TX 78109. City of Fair Oaks Ranch Maps are available for inspection at 7286 Dietz Elkhorn, Fair Oaks Ranch, TX 78015. City of Grey Forest Maps are available for inspection at 18502 Scenic Loop Rd, Grey Forest, TX 78023. City of Helotes Maps are available for inspection at 12951 Bandara Road, Helotes, TX 78023. City of Hill Country Village Maps are available for inspection at 116 Aspen Lane, San Antonio, TX 78232. City of Kirby Maps are available for inspection at 5631 Binz Engleman Road, Kirby, TX 78219. City of Leon Valley Maps are available for inspection at 6400 El Verde Road, Leon Valley, TX 78238. City of Live Oak Maps are available for inspection at 8001 Shin Oak Drive, Live Oak, TX 78233. City of New Berlin Maps are available for inspection at 415 East Donnegan Street, Maintenance Building, Seguin, TX 78155.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation ** # Depth in feet Communities affected above ground Effective Modified
City of San Antonio Maps are available for inspection at 114 West Commerce, Seventh Floor, San Antonio, TX 78205. City of Schertz Maps are available for inspection at 1400 Schertz Parkway, Schertz, TX 78154. City of Selma Maps are available for inspection at 9375 Corporate, Selma, TX 78154. City of St. Hedwig Maps are available for inspection at 13065 FM 1346, St. Hedwig, TX 78152. City of Terrell Hills Maps are available for inspection at 5100 N. New Braunfels, San Antonio, TX 78209. City of Universal City Maps are available for inspection at 2150 Universal City Blvd., Universal City, TX 78148. City of Windcrest Maps are available for inspection at 8601 Midcrown, Windcrest, TX 78239. Town of Hollywood Park Maps are available for inspection at 407 Rhapsody Lane, Hollywood Park, TX 78216. Town of Shavano Park Maps are available for inspection at 99 Saddletree Court, Shavano Park, TX 78231. Unincorporated Areas of Bexar County Maps are available for inspection at 233 North Pecos Street, La Trinidad, Suite 420, San Antonio, TX 78207.
(Catalog of Federal Domestic Assistance No. BFEs are a part of the floodplain SUPPLEMENTARY INFORMATION: The 97.022, ‘‘Flood Insurance.’’) management measures that the Federal Emergency Management Agency Dated: March 25, 2008. community is required either to adopt (FEMA) proposes to make David I. Maurstad, or show evidence of having in effect in determinations of BFEs and modified Federal Insurance Administrator of the order to qualify or remain qualified for BFEs for each community listed below, National Flood Insurance Program, participation in the National Flood in accordance with section 110 of the Department of Homeland Security, Federal Insurance Program (NFIP). In addition, Flood Disaster Protection Act of 1973, Emergency Management Agency. these elevations, once finalized, will be 42 U.S.C. 4104, and 44 CFR 67.4(a). [FR Doc. E8–6913 Filed 4–2–08; 8:45 am] used by insurance agents, and others to These proposed BFEs and modified BILLING CODE 9110–12–P calculate appropriate flood insurance BFEs, together with the floodplain premium rates for new buildings and management criteria required by 44 CFR the contents in those buildings. 60.3, are the minimum that are required. DEPARTMENT OF HOMELAND DATES: Comments are to be submitted They should not be construed to mean SECURITY on or before July 2, 2008. that the community must change any existing ordinances that are more ADDRESSES: The corresponding Federal Emergency Management preliminary Flood Insurance Rate Map stringent in their floodplain Agency (FIRM) for the proposed BFEs for each management requirements. The community are available for inspection community may at any time enact stricter requirements of its own, or 44 CFR Part 67 at the community’s map repository. The pursuant to policies established by other [Docket No. FEMA–B–7769] respective addresses are listed in the Federal, State, or regional entities. table below. Proposed Flood Elevation You may submit comments, identified These proposed elevations are used to Determinations by Docket No. FEMA–B–7769, to meet the floodplain management William R. Blanton, Jr., Chief, requirements of the NFIP and are also AGENCY: Federal Emergency Engineering Management Branch, used to calculate the appropriate flood Management Agency, DHS. Mitigation Directorate, Federal insurance premium rates for new buildings built after these elevations are ACTION: Proposed rule. Emergency Management Agency, 500 C made final, and for the contents in these Street, SW., Washington, DC 20472, SUMMARY: Comments are requested on buildings. the proposed Base (1 percent annual- (202) 646–3151, or (e-mail) Comments on any aspect of the Flood chance) Flood Elevations (BFEs) and [email protected]. Insurance Study and FIRM, other than proposed BFE modifications for the FOR FURTHER INFORMATION CONTACT: the proposed BFEs, will be considered. communities listed in the table below. William R. Blanton, Jr., Chief, A letter acknowledging receipt of any The purpose of this notice is to seek Engineering Management Branch, comments will not be sent. general information and comment Mitigation Directorate, Federal Administrative Procedure Act regarding the proposed regulatory flood Emergency Management Agency, 500 C Statement. This matter is not a elevations for the reach described by the Street, SW., Washington, DC 20472, rulemaking governed by the downstream and upstream locations in (202) 646–3151 or (e-mail) Administrative Procedure Act (APA), the table below. The BFEs and modified [email protected]. 5 U.S.C. 553. FEMA publishes flood
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elevation determinations for notice and Executive Order 12866, Regulatory Accordingly, 44 CFR part 67 is comment; however, they are governed Planning and Review. This proposed proposed to be amended as follows: by the Flood Disaster Protection Act of rule is not a significant regulatory action 1973, 42 U.S.C. 4105, and the National under the criteria of section 3(f) of PART 67—[AMENDED] Flood Insurance Act of 1968, 42 U.S.C. Executive Order 12866, as amended. 4001 et seq., and do not fall under the Executive Order 13132, Federalism. 1. The authority citation for part 67 APA. This proposed rule involves no policies continues to read as follows: National Environmental Policy Act. that have federalism implications under Authority: 42 U.S.C. 4001 et seq.; This proposed rule is categorically Executive Order 13132. Reorganization Plan No. 3 of 1978, 3 CFR, excluded from the requirements of 44 Executive Order 12988, Civil Justice 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, CFR part 10, Environmental 3 CFR, 1979 Comp., p. 376. Consideration. An environmental Reform. This proposed rule meets the impact assessment has not been applicable standards of Executive Order § 67.4 [Amended] prepared. 12988. 2. The tables published under the Regulatory Flexibility Act. As flood List of Subjects in 44 CFR Part 67 elevation determinations are not within authority of § 67.4 are proposed to be the scope of the Regulatory Flexibility Administrative practice and amended as follows: Act, 5 U.S.C. 601–612, a regulatory procedure, Flood insurance, Reporting flexibility analysis is not required. and recordkeeping requirements.
* Elevation in feet (NGVD) + Elevation in feet (NAVD) Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected Effective Modified
Jersey County, Illinois, and Incorporated Areas
Elsah Creek ...... At the mouth of the Mississippi River ...... +439 +438 Village of Elsah. Approximately 500 feet upstream of Maple Street ...... +439 +438 Illinois River ...... At the mouth of the Mississippi River in Jersey Coun- +440 +439 Unincorporated Areas of ty. Jersey County, City of Grafton. Approximately 1500 feet upstream of the Illinois River +440 +439 Road Ferry Crossing. Mississippi River ...... Approximately 0.5 miles downstream of the con- +438 +437 Unincorporated Areas of fluence of Piasa Creek. Jersey County, City of Grafton, Village of Elsah. At river mile 223.1 at the downstream tip of Iowa Is- +441 +440 land.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Grafton Maps are available for inspection at Grafton City Hall, 118 East Main Street, Grafton, IL 62037. Unincorporated Areas of Jersey County Maps are available for inspection at Jersey County Government Building, 200 North Lafayette St., Jerseyville, IL 62052. Village of Elsah Maps are available for inspection at 51 North Street, P.O. Box 28, Elsah, IL 62028.
Yancey County, North Carolina, and Incorporated Areas
Bailey Branch ...... At the confluence with Pine Swamp Branch ...... None +2575 Unincorporated Areas of Yancey County. Approximately 1,740 feet upstream of the confluence None +2637 with Pine Swamp Branch. Bald Mountain Creek ...... At the confluence with Cane River ...... +2293 +2294 Unincorporated Areas of Yancey County. Approximately 1,810 feet upstream of Bee Log Road None +2467 (State Road 1408). Big Crabtree Creek ...... The confluence with South Toe River ...... None +2411 Unincorporated Areas of Yancey County. Approximately 1.4 miles upstream of Seven Mile None +3147 Ridge Road (State Road 1167). Brown Creek ...... Approximately 300 feet upstream of the confluence +2633 +2634 Unincorporated Areas of with South Toe River. Yancey County.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected Effective Modified
Approximately 1.2 miles upstream of Upper Browns None +4690 Creek Road (State Road 1154). Cane River ...... At the confluence with Nolichucky River and North None +2044 Unincorporated Areas of Toe River. Yancey County. Approximately 60 feet downstream of the confluence None +3157 of Mitchell Creek. Cattail Creek ...... At Mountain Farm Road ...... None +3012 Unincorporated Areas of Yancey County. At the confluence of North Fork Cattail Creek and None +3157 South Fork Cattail Creek. Jacks Creek ...... At the confluence with North Toe River ...... None +2136 Unincorporated Areas of Yancey County. Approximately 60 feet upstream of Sheriff Anglin None +2532 Road (State Road 1364). Little Crabtree Creek ...... Approximately 450 feet downstream of Depot Street +2622 +2623 Unincorporated Areas of (State Road 1140). Yancey County, Town of Burnsville. Approximately 650 feet upstream of East Boulevard .. None +2740 McIntosh Branch ...... The confluence with Pine Swamp Branch ...... None +2699 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 50 feet upstream of Van Kirk Lane ...... None +2751 Mitchell Branch ...... At the confluence with Little Crabtree Creek ...... None +2705 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 260 feet upstream of Mitchell Branch None +2751 (State Road 1373). Nolichucky River ...... Approximately 550 feet upstream of the railroad ...... None +1981 Unincorporated Areas of Yancey County. At the confluence of Cane River and North Toe River None +2044 North Cox Creek ...... Approximately 220 feet upstream of the confluence +2148 +2149 Unincorporated Areas of with Cane River. Yancey County. Approximately 1.5 miles upstream of the confluence None +3061 with Cane River. North Fork Cattail Creek ...... At the confluence with Cattail Creek and South Fork None +3157 Unincorporated Areas of Cattail Creek. Yancey County. Approximately 1.1 miles upstream of North Fork Road None +4869 North Toe River ...... At the confluence with Nolichucky River and Cane None +2044 Unincorporated Areas of River. Yancey County. At the Yancey/Mitchell County boundary ...... None +2411 Pine Swamp Branch ...... At the confluence with Cane River ...... None +2553 Unincorporated Areas of Yancey County, Town of Burnsville. Approximately 1,770 feet upstream of Cherry Lane None +2720 (State Road 1139). Pine Swamp Branch ...... Approximately 1,770 feet upstream of Cherry Lane None #1 Town of Burnsville. (State Road 1139). Approximately 200 feet upstream of East Main Street None #1 South Cox Creek ...... At the confluence with Jacks Creek ...... None +2420 Unincorporated Areas of Yancey County. Approximately 700 feet upstream of Coxes Creek None +2791 Road (State Road 1354). South Fork Cattail Creek ...... At the confluence with Cattail Creek and North Fork None +3157 Unincorporated Areas of Cattail Creek. Yancey County. Approximately 0.5 mile upstream of Tennis Court None +3739 Road. South Toe River ...... At the confluence with North Toe River ...... None +2356 Unincorporated Areas of Yancey County. Approximately 1,100 feet downstream of the con- None +2629 fluence of Brown Creek.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected Effective Modified
ADDRESSES Town of Burnsville Maps are available for inspection at Town of Burnsville Courthouse, Mapping Department, 110 Town Square, Burnsville, NC. Unincorporated Areas of Yancey County Maps are available for inspection at Yancey County Courthouse, Room 11, Burnsville, NC.
Beadle County, South Dakota, and Incorporated Areas
James River ...... Just upstream of the Sanborn County and Beadle None +1237 Unincorporated Areas of County line. Beadle County, City of Huron.
Just downstream of the Spink County and Beadle None +1253 County line.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Huron Maps are available for inspection at 329 Wisconsin, P.O. Box 1369, Huron, SD 57350. Unincorporated Areas of Beadle County Maps are available for inspection at 400 3rd S.W., P.O. Box 25, Huron, SD 57350.
(Catalog of Federal Domestic Assistance No. regarding the proposed regulatory flood FOR FURTHER INFORMATION CONTACT: 97.022, ‘‘Flood Insurance.’’) elevations for the reach described by the William R. Blanton, Jr., Chief, Dated: March 18, 2008. downstream and upstream locations in Engineering Management Branch, David I. Maurstad, the table below. The BFEs and modified Mitigation Directorate, Federal Federal Insurance Administrator of the BFEs are a part of the floodplain Emergency Management Agency, 500 C National Flood Insurance Program, management measures that the Street, SW., Washington, DC 20472, Department of Homeland Security, Federal community is required either to adopt (202) 646–3151 or (e-mail) Emergency Management Agency. or show evidence of having in effect in [email protected]. [FR Doc. E8–6910 Filed 4–2–08; 8:45 am] order to qualify or remain qualified for SUPPLEMENTARY INFORMATION: The BILLING CODE 9110–12–P participation in the National Flood Insurance Program (NFIP). In addition, Federal Emergency Management Agency these elevations, once finalized, will be (FEMA) proposes to make DEPARTMENT OF HOMELAND used by insurance agents, and others to determinations of BFEs and modified SECURITY calculate appropriate flood insurance BFEs for each community listed below, premium rates for new buildings and in accordance with section 110 of the Federal Emergency Management the contents in those buildings. Flood Disaster Protection Act of 1973, Agency 42 U.S.C. 4104, and 44 CFR 67.4(a). DATES: Comments are to be submitted These proposed BFEs and modified on or before July 2, 2008. 44 CFR Part 67 BFEs, together with the floodplain ADDRESSES: The corresponding management criteria required by 44 CFR [Docket No. FEMA–B–7768] preliminary Flood Insurance Rate Map 60.3, are the minimum that are required. (FIRM) for the proposed BFEs for each Proposed Flood Elevation They should not be construed to mean community are available for inspection Determinations that the community must change any at the community’s map repository. The existing ordinances that are more AGENCY: Federal Emergency respective addresses are listed in the stringent in their floodplain Management Agency, DHS. table below. management requirements. The ACTION: Proposed rule. You may submit comments, identified community may at any time enact by Docket No. FEMA–B–7768, to stricter requirements of its own, or SUMMARY: Comments are requested on William R. Blanton, Jr., Chief, pursuant to policies established by other the proposed Base (1 percent annual- Engineering Management Branch, Federal, State, or regional entities. chance) Flood Elevations (BFEs) and Mitigation Directorate, Federal These proposed elevations are used to proposed BFE modifications for the Emergency Management Agency, 500 C meet the floodplain management communities listed in the table below. Street, SW., Washington, DC 20472, requirements of the NFIP and are also The purpose of this notice is to seek (202) 646–3151, or (e-mail) used to calculate the appropriate flood general information and comment [email protected]. insurance premium rates for new
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buildings built after these elevations are excluded from the requirements of 44 applicable standards of Executive Order made final, and for the contents in these CFR part 10, Environmental 12988. buildings. Consideration. An environmental List of Subjects in 44 CFR Part 67 Comments on any aspect of the Flood impact assessment has not been Insurance Study and FIRM, other than prepared. Administrative practice and the proposed BFEs, will be considered. Regulatory Flexibility Act. As flood procedure, Flood insurance, Reporting A letter acknowledging receipt of any elevation determinations are not within and recordkeeping requirements. comments will not be sent. the scope of the Regulatory Flexibility Accordingly, 44 CFR part 67 is Administrative Procedure Act Act, 5 U.S.C. 601–612, a regulatory proposed to be amended as follows: Statement. This matter is not a flexibility analysis is not required. rulemaking governed by the PART 67—[AMENDED] Executive Order 12866, Regulatory Administrative Procedure Act (APA), 5 Planning and Review. This proposed 1. The authority citation for part 67 U.S.C. 553. FEMA publishes flood rule is not a significant regulatory action continues to read as follows: elevation determinations for notice and under the criteria of section 3(f) of comment; however, they are governed Authority: 42 U.S.C. 4001 et seq.; Executive Order 12866, as amended. Reorganization Plan No. 3 of 1978, 3 CFR, by the Flood Disaster Protection Act of Executive Order 13132, Federalism. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 1973, 42 U.S.C. 4105, and the National 3 CFR, 1979 Comp., p. 376. Flood Insurance Act of 1968, 42 U.S.C. This proposed rule involves no policies 4001 et seq., and do not fall under the that have federalism implications under § 67.4 [Amended] APA. Executive Order 13132. 2. The tables published under the National Environmental Policy Act. Executive Order 12988, Civil Justice authority of § 67.4 are proposed to be This proposed rule is categorically Reform. This proposed rule meets the amended as follows:
* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above State City/town/county Source of flooding Location ** ground Existing Modified
City of Richmond, Virginia
Virginia ...... City of Richmond ... Bacons Quarter Branch .... Approximately at the confluence with None +67 Shockoe Creek. Approximately 1400 feet upstream of None +184 Hermitage Road. Virginia ...... City of Richmond ... Battery Park Ponding Area Approximately 2250 feet south of None +136 Overbrook Road. Approximately 850 feet north of None +139 Overbrook Road. Virginia ...... City of Richmond ... Cannons Creek Branch .... Approximately at the confluence with Ba- None +74 cons Quarter Branch. Approximately 200 feet downstream of None +96 Vale Street. Virginia ...... City of Richmond ... Jordans Branch ...... Approximately 35 feet north of Route 64 None +164 near the Henrico County line. Approximately 120 feet north of Route 64 None +164 near the Henrico County line. Virginia ...... City of Richmond ... Pocoshock Creek ...... Approximately at the Chesterfield County None +133 line. Approximately at the confluence with None +133 Pocosham Creek. Virginia ...... City of Richmond ... Shockoe Creek ...... Approximately at East Franklin Street ...... +21 +23 Approximately 2700 feet upstream of None +129 Magnolia Street.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Richmond Maps are available for inspection at City Hall, 900 East Broad Street, Room 600, Richmond, VA 23219.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified
Washington County, Minnesota, and Incorporated Areas
10th Street Basin ...... Entire shoreline ...... None +885 City of Afton. 10th Street and Neal Avenue Entire shoreline ...... None +867 City of Afton. Basin. 8th Street Basin ...... Entire shoreline ...... None +880 City of Afton. Barker Lake ...... Entire shoreline ...... None +891 City of Hugo, Unincor- porated Areas of Wash- ington County. Bay Lake ...... Entire shoreline ...... None +891 Unincorporated Areas of Washington County. Cloverdale Lake ...... Entire shoreline ...... None +907 Unincorporated Areas of Washington County. East Boot Lake ...... Entire shoreline ...... None +920 Unincorporated Areas of Washington County. Fish Lake ...... Entire shoreline ...... None +954 City of Scandia. Forest Lake ...... Entire shoreline ...... None +903 City of Forest Lake. Freidrich Pond ...... Entire shoreline ...... None +913 City of Lake Elmo. German Lake ...... Entire shoreline ...... None +959 City of Scandia. Klawitter Pond ...... Entire shoreline ...... None +963 City of Lake Elmo. Kramer Pond ...... Entire shoreline ...... None +914 City of Lake Elmo. Legion Pond ...... Entire shoreline ...... None +889 City of Lake Elmo. Maple Marsh ...... Entire shoreline ...... None +975 Unincorporated Areas of Washington County. McDonald Lake ...... Entire shoreline ...... None +892 Unincorporated Areas of Washington County. Mississippi River ...... Approximately 1,850 feet upstream of southern Coun- +692 +691 City of Cottage Grove, City ty Boundary. of Hastings, City of Newport, City of St. Paul Park, Unincorporated Areas of Washington County. Approximately 1,200 feet downsteam of southern +705 +704 County Boundary. Mooers Lake Channel ...... At the convergence with the Mississippi River ...... +698 +697 City of Cottage Grove, Un- incorporated Areas of Washington County. Just downstream of Grey Cloud Island Drive South .... +698 +697 Raleigh Creek ...... Approximately 180 feet upstream of the confluence +889 +899 City of Lake Elmo, City of with Lake Elmo. Oakdale. Approximately 845 feet upstream of 31st Street North None +975 Silver Lake ...... Entire shoreline ...... None +991 City of Oakdale. South Branch Clearwater At the confluence with Clearwater Creek ...... +912 +910 City of Hugo. Creek. Approximately 950 feet upstream of the confluence +912 +911 with Clearwater Creek. St. Croix River ...... Approximately 16,265 feet downstream of confluence +691 +692 Unincorporated Areas of with Interstate Highway 94. Washington County, City of Afton, City of Bayport, City of Lake St. Croix Beach, City of Lakeland, City of Lakeland Shores, City of Marine-On-St. Croix, City of Oak Park Heights, City of St. Mary’s Point, City of Stillwater. Approximately 23,050 feet downstream of SOO Line None +698 Railroad. Staples Lake ...... Entire shoreline ...... None +950 Unincorporated Areas of Washington County. Sunfish Lake ...... Entire shoreline ...... +894 +899 City of Lake Elmo. Tingley Springs ...... Entire shoreline ...... None +931 City of Hugo. Unnamed Wetland DNR ID Entire shoreline ...... None +962 City of Hugo, City of For- No. 82015600. est Lake. Unnamed Wetland DNR ID Entire shoreline ...... None +964 City of Forest Lake. No. 82016500. Unnamed Wetland DNR ID Entire shoreline ...... None +965 City of Forest Lake, City of No. 82021200. Scandia.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified
Unnamed Wetland DNR ID Entire shoreline ...... None +966 City of Scandia. No. 82021300. Unnamed Wetland DNR ID Entire shoreline ...... None +936 City of Forest Lake, City of No. 82021600. Hugo. Unnamed Wetland DNR ID Entire shoreline ...... None +958 City of Forest Lake, City of No. 82022000. Hugo. Unnamed Wetland DNR ID Entire shoreline ...... None +940 City of Hugo. No. 82022100. Unnamed Wetland DNR ID Entire shoreline ...... None +948 City of Hugo. No. 82022200. Unnamed Wetland DNR ID Entire shoreline ...... None +983 City of Hugo, Unincor- No. 82022300. porated Areas of Wash- ington County. Unnamed Wetland DNR ID Entire shoreline ...... None +957 City of Hugo. No. 82022400. Unnamed Wetland DNR ID Entire shoreline ...... None +974 City of Hugo. No. 82022500. Unnamed Wetland DNR ID Entire shoreline ...... None +945 City of Hugo. No. 82022700. Unnamed Wetland DNR ID Entire shoreline ...... None +952 City of Hugo. No. 82022900. Unnamed Wetland DNR ID Entire shoreline ...... None +910 Unincorporated Areas of No. 82031200. Washington County. Unnamed Wetland DNR ID Entire shoreline ...... None +1005 City of Grant. No. 82035000. Unnamed Wetland North Entire shoreline ...... None +916 Unincorporated Areas of DNR ID No. 82031100. Washington County. Unnamed Wetland South Entire shoreline ...... None +918 Unincorporated Areas of DNR ID No. 82031100. Washington County. Valley Branch ...... Approximately 345 feet downstream of Putman Boule- +692 +693 City of Afton. vard South. At West Metcalf Marsh Outfall ...... None +813 Valley Creek ...... At the confluence with Valley Branch ...... +717 +714 City of Afton. Approximately 2,080 feet upstream of 22nd Street None +907 South (most upstream crossing). Valley Creek Tributary ...... At the confluence with Valley Creek ...... None +792 City of Afton. Approximately 3,265 feet upstream of the confluence None +812 with Valley Creek. West Boot Lake ...... Entire shoreline ...... None +920 Unincorporated Areas of Washington County. West Metcalf Marsh ...... Entire shoreline ...... None +813 City of Afton. White Rock Lake ...... Entire shoreline ...... None +966 City of Scandia.
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Afton Maps are available for inspection at 3033 St. Croix Trail South, Afton, MN 55001. City of Bayport Maps are available for inspection at 294 North Third Street, Bayport, MN 55003. City of Cottage Grove Maps are available for inspection at 7516 80th Street South, Cottage Grove, MN 55016. City of Forest Lake Maps are available for inspection at 220 North Lake Street, Forest Lake, MN 55025. City of Grant Maps are available for inspection at 111 Wildwood Road, Willernie, MN 55090. City of Hastings Maps are available for inspection at 101 Fourth Street East, Hastings, MN 55033. City of Hugo Maps are available for inspection at 14669 Fitzgerald Avenue North, Hugo, MN 55038. City of Lake Elmo Maps are available for inspection at 3800 Laverne Avenue, Lake Elmo, MN 55042.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified
City of Lake St. Croix Beach Maps are available for inspection at 1919 Quebec Avenue South, Lake St. Croix Beach, MN 55043. City of Lakeland Maps are available for inspection at 690 Quinnell Avenue North, Lakeland, MN 55043. City of Lakeland Shores Maps are available for inspection at 1858 Ramada Avenue South, Lakeland Shores, MN 55043. City of Marine-On-St. Croix Maps are available for inspection at 121 Judd Street, Marine on St. Croix, MN 55047. City of Newport Maps are available for inspection at 596 7th Avenue, Newport, MN 55055. City of Oak Park Heights Maps are available for inspection at 14168 Oak Park Blvd. North, Oak Park Heights, MN 55082. City of Oakdale Maps are available for inspection at 1584 Hadley Ave. North, Oakdale, MN 55128. City of Scandia Maps are available for inspection at 13809 Scandia Trail, Scandia, MN 55073. City of St. Mary’s Point Maps are available for inspection at 16491 St. Mary’s Drive South, St. Mary’s Point, MN 55043. City of St. Paul Park Maps are available for inspection at 600 Portland Avenue, St. Paul Park, MN 55071. City of Stillwater Maps are available for inspection at 106 South Main Street, Stillwater, MN 55082. Unincorporated Areas of Washington County Maps are available for inspection at 14949 62nd Street North, Stillwater, MN 55082–0006.
Portage County, Ohio, and Incorporated Areas
Breakneck Creek ...... Approximately 260 feet upstream of Brady Lake Road None +1040 Unincorporated Areas of Portage County. At confluence of Breakneck Creek and Hudson Ditch None +1069 Breakneck Creek Overflow ... Approximately 5,300 feet upstream of Main Street ..... None +1048 City of Kent. Approximately 1,400 feet downstream of Powder Mill None +1048 Road. Breakneck Creek Overflow ... Approximately 3,500 feet upstream of Main Street ..... None +1047 Unincorporated Areas of Portage County. Approximately 600 feet downstream of Powder Mill None +1048 Road. Cuyahoga River ...... Approximately 80 feet upstream of Main Street ...... +1085 +1084 Village of Mantua. Approximately 3,300 feet upstream of High Street ...... +1088 +1087 Cuyahoga River ...... Approximately 1,500 feet upstream of River Bend None +1040 Unincorporated Areas of Boulevard. Portage County. Approximately 2,900 feet upstream of River Bend None +1040 Boulevard. Approximately 1,600 feet downstream of Infirmary None +1082 Road. Approximately 3,300 feet upstream of High Street ...... None +1087 Cuyahoga River Overflow ..... Approximately 1,100 feet upstream of confluence with None +1083 Village of Mantua. Cuyahoga River. Approximately 2,600 feet upstream of confluence with None +1083 Cuyahoga River. Cuyahoga River Overflow ..... Approximately 700 feet upstream of confluence with None +1083 Unincorporated Areas of Cuyahoga River. Portage County. Approximately 1,700 feet upstream of confluence with None +1083 Cuyahoga River. Hudson Ditch ...... At confluence of Breakneck Creek and Hudson Ditch None +1069 Unincorporated Areas of Portage County. Approximately 2,300 feet upstream of Bower Road .... None +1084 Plum Creek ...... Approximately 30 feet upstream of Railroad ...... +1016 +1017 City of Kent. Approximately 200 feet downstream of Howe Road ... None +1040 Plum Creek ...... Approximately 330 feet downstream of Howe Road ... None +1039 Unincorporated Areas of Portage County. Approximately 4,000 feet upstream of Tallmadge None +1078 Road.
* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum.
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Kent Maps are available for inspection at 930 Overholt Road, Kent, OH 44240. Unincorporated Areas of Portage County Maps are available for inspection at 449 South Meridian Street, Ravenna, OH 44266. Village of Mantua Maps are available for inspection at 4736 East High Street, Mantua, OH 44255.
Centre County, Pennsylvania, and Incorporated Areas
Cherry Run...... Approximately at the confluence with North Fork None +1396 Township of Snow Shoe. Beech Creek. Approximately at Clarence Road ...... None +1396
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES Township of Snow Shoe Maps are available for inspection at Town Hall, 268 Oldside Road, Clarence, PA 16829.
Bedford County, Virginia, and Incorporated Areas
Ivy Creek ...... Approximately 1,430 ft downstream of Hawkins Mill +678 +679 Unincorporated Areas of Road. Bedford County. Approximately 2,200 ft downstream of Tabernacle +823 +829 Lane. Johns Creek ...... Approximately at confluence with Little Otter River ..... None +732 Unincorporated Areas of Bedford County, City of Bedford. Approximately 1,800 ft downstream of Independence None +818 Boulevard. Johns Creek ...... Approximately 445 ft downstream of Independence +827 +828 City of Bedford, Unincor- Boulevard. porated Areas of Bed- ford County. Approximately 740 ft upstream of Independence Bou- +841 +842 levard. Approximately 3,400 ft upstream of Independence None +861 Boulevard. Approximately at East Main Street ...... None +939 Little Otter River ...... Approximately at Big Island Highway ...... +790 +792 Unincorporated Areas of Bedford County. Approximately at Route 43 ...... +837 +839 Tributary No. 10 To Ivy Approximately at confluence with Ivy Creek ...... None +700 Unincorporated Areas of Creek. Bedford County. Approximately 500 ft downstream of Forest Road ...... None +838 Tributary No. 10 To Little Approximately at confluence with Little Otter River ..... None +839 City of Bedford, Unincor- Otter River. porated Areas of Bed- ford County. Approximately at Lake Drive ...... None +867 Tributary No. 11 To Ivy Approximately at confluence with Ivy Creek ...... None +696 Unincorporated Areas of Creek. Bedford County. Approximately 250 ft downstream of Forest Road ...... None +802 Tributary No. 14 To Ivy Approximately at confluence with Ivy Creek ...... None +683 Unincorporated Areas of Creek. Bedford County. Approximately 1,500 ft upstream of McIntosh Drive .... None +812 Tributary No. 15 To Ivy Approximately at county boundary with the City of None +671 Unincorporated Areas of Creek. Lynchburg. Bedford County. Approximately 1 mi upstream of Hawkins Mill Road ... None +800
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* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above Flooding source(s) Location of referenced elevation ** ground Communities affected Effective Modified
Tributary No. 8 To Little Otter Approximately at confluence with Little Otter River ..... None +797 Unincorporated Areas of River. Bedford County, City of Bedford. Approximately at Bedford City corporate limits ...... None +824 Tributary No. 8 To Little Otter Approximately at Bedford City corporate limits ...... None +824 City of Bedford, Unincor- River. porated Areas of Bed- ford County. Approximately 500 ft downstream of Longwood Ave- None +932 nue. Tributary No. 8A To Little Approximately at confluence with Tributary No. 8 To None +824 City of Bedford, Unincor- Otter River. Little Otter River. porated Areas of Bed- ford County. Approximately 0.5 mi upstream of confluence with None +914 Tributary No. 8 To little Otter River. Tributary No. 9 To Little Otter Approximately at confluence with Little Otter River ..... None +826 Unincorporated Areas of River. Bedford County, City of Bedford. Approximately 1,700 ft downstream of Whitfield Drive None +851 Tributary No. 9 To Little Otter Approximately 1,700 ft downstream of Whitfield Drive None +851 City of Bedford, Unincor- River. porated Areas of Bed- ford County. Approximately 2,400 ft upstream of Whitfield Drive ..... None +940
* National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. ADDRESSES City of Bedford Maps are available for inspection at City Municipal Building, 215 E. Main Street, Bedford, VA 24523. Unincorporated Areas of Bedford County Maps are available for inspection at Office of the County Administrator, 122 E. Main Street, Suite 2002, Bedford, VA 24523.
(Catalog of Federal Domestic Assistance No. SUMMARY: This document sets forth a 249A for vacant FM Channel 242A at 97.022, ‘‘Flood Insurance.’’) proposal to amend the FM Table of Ludington, Michigan. Channel 249A can Dated: March 17, 2008. Allotments. The Commission requests be allotted at Ludington in compliance David I. Maurstad, comment on a petition filed by Roy E. with the Commission’s minimum Federal Insurance Administrator of the Henderson. Petitioner proposes the distance separation requirements with a National Flood Insurance Program, allotment of Channel 274A at Evart, site restriction of 9.0 km (5.6 miles) Department of Homeland Security, Federal Michigan, as a first local service. north of Ludington. The proposed Emergency Management Agency. Channel 274A can be allotted at Evart in coordinates for Channel 249A at [FR Doc. E8–6912 Filed 4–2–08; 8:45 am] compliance with the Commission’s Ludington are 44–01–53 North Latitude BILLING CODE 9110–12–P minimum distance separation and 86–24–57 West Longitude. Finally, requirements with a site restriction of in order to accommodate that channel 14.6 km (9.1 miles) north of Evart. The substitution, the Commission issues a proposed coordinates for Channel 274A show cause order to Synergy Media, FEDERAL COMMUNICATIONS Inc., to show cause why its Station COMMISSION at Evart are 44–01–43 North Latitude and 85–17–51 West Longitude. In order WMLZ(FM) license should not be modified to specify operation on 47 CFR Part 73 to accommodate the proposed allotment of Channel 274A at Evart, the Channel 282A in lieu of Channel 249A [DA 08–568; MB Docket No. 08–26; RM– Commission also issues a show cause at Manistee, Michigan. See 11418] order to Bay View Broadcasting, Inc., to SUPPLEMENTARY INFORMATION infra. show cause why its Station WMOM(FM) DATES: Comments must be filed on or Radio Broadcasting Services; Evart, license should not be modified to before May 5, 2008, and reply comments Ludington, Pentwater, and Manistee, specify operation on Channel 242A in on or before May 20, 2008. MI lieu of Channel 274A at Pentwater, ADDRESSES: Federal Communications AGENCY: Federal Communications Michigan. In order to accommodate that Commission, Washington, DC 20554. In Commission. channel substitution, the Commission addition to filing comments with the further proposes, and invites comment FCC, interested parties should serve the ACTION: Proposed rule. on, the substitution of FM Channel designated petitioner and her counsel as
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follows: Katherine Pyeatt, 3500 Maple § 73.202 [Amended] ADDRESSES: You may submit comments, Avenue, #1320, Dallas, Texas 75219; 2. Section 73.202(b), the Table of FM identified by ‘‘0648–AT13’’, by any one and Gene A. Bechtel, Esq., Law Office Allotments under Michigan, is amended of the following methods: of Gene Bechtel, 1050 17th Street, NW., by adding Hugo, Channel 286A. • Electronic Submissions: Submit Suite 600, Washington, DC 20036. 3. Section 73.202(b), the Table of FM electronic public comments via the FOR FURTHER INFORMATION CONTACT: Allotments under Michigan, is amended Federal e-Rulemaking Portal: http:// Deborah A. Dupont, Media Bureau, by removing Channel 242A and adding www.regulations.gov. • Fax: 727–824–5308; Attention: Kate (202) 418–7072. Channel 249A at Ludington. Michie. SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. • Mail: Kate Michie, Southeast synopsis of the Commission’s Notice of John A. Karousos, Regional Office, NMFS, 263 13th Proposed Rule Making, MB Docket No. Assistant Chief, Audio Division, Media Avenue South, St. Petersburg, FL 33701. 08–26, adopted March 12, 2008, and Bureau. Instructions: All comments received released March 14, 2008. The full text [FR Doc. E8–6658 Filed 4–2–08; 8:45 am] are a part of the public record and will of this Commission decision is available BILLING CODE 6712–01–P generally be posted to http:// for inspection and copying during www.regulations.gov without change. normal business hours in the FCC All Personal Identifying Information (for Reference Information Center (Room DEPARTMENT OF COMMERCE example, name, address, etc.) CY–A257), 445 12th Street, SW., voluntarily submitted by the commenter Washington, DC 20554. The complete National Oceanic and Atmospheric may be publicly accessible. Do not text of this decision may also be Administration submit Confidential Business purchased from the Commission’s copy Information or otherwise sensitive or contractor, Best Copy and Printing, Inc., 50 CFR Parts 622 and 697 protected information. 445 12th Street, SW., Room CY–B402, NMFS will accept anonymous Washington, DC 20554, (800) 378–3160, [Docket No. 0612242961–7381–01] comments. Attachments to electronic or via the company’s Web site, http:// comments will be accepted in Microsoft www.bcpiweb.com. This document does RIN 0648–AT13 Word, Excel, WordPerfect, or Adobe not contain proposed information PDF file formats only. Fisheries of the Caribbean, Gulf of collection requirements subject to the Copies of the environmental Mexico, and South Atlantic; Atlantic Paperwork Reduction Act of 1995, assessment, which describes the Coastal Fisheries Cooperative Public Law 104–13. In addition, impacts of the transfer of management Management Act Provisions; Atlantic therefore, it does not contain any authority, may be obtained from Kate Coast Red Drum Fishery off the proposed information collection burden Michie at the address above or by e-mail Atlantic States; Transfer of ‘‘for small business concerns with fewer at: [email protected]. Management Authority than 25 employees,’’ pursuant to the FOR FURTHER INFORMATION CONTACT: Kate Small Business Paperwork Relief Act of AGENCY: National Marine Fisheries Michie, telephone: 727–824–5305, fax: 2002, Public Law 107–198, see 44 U.S.C. Service (NMFS), National Oceanic and 727–824–5308, e-mail: 3506 (c)(4). Atmospheric Administration (NOAA), [email protected]. The Provisions of the Regulatory Commerce. SUPPLEMENTARY INFORMATION: The Flexibility Act of 1980 do not apply to ACTION: Proposed rule; request for Atlantic red drum fishery off the South this proceeding. Members of the public comments. Atlantic and Mid-Atlantic coastal states should note that from the time a Notice is currently managed under two of Proposed Rule Making is issued until SUMMARY: NMFS issues this proposed separate FMPs. Atlantic red drum the matter is no longer subject to rule to repeal the Atlantic Coast Red located in the EEZ are managed under Commission consideration or court Drum Fishery Management Plan (FMP) the Atlantic Coast Red Drum FMP review, all ex parte contacts are and to transfer the management prepared by the South Atlantic Council, prohibited in Commission proceedings, authority of Atlantic red drum in the in cooperation with the Mid-Atlantic such as this one, which involve channel exclusive economic zone (EEZ) from the Council (Council FMP), and allotments. See 47 CFR 1.1204(b) for South Atlantic Fishery Management implemented under the authority of the rules governing permissible ex parte Council (South Atlantic Council), in Magnuson-Stevens Act by regulations at contacts. cooperation with the Mid-Atlantic 50 CFR part 622. The Council FMP For information regarding proper Fishery Management Council (Mid- prohibits harvest or possession of red filing procedures for comments, see 47 Atlantic Council), under the Magnuson- drum in the South Atlantic and Mid- CFR 1.415 and 1.420. Stevens Conservation and Management Atlantic EEZ. Atlantic red drum located Act (Magnuson-Stevens Act) to the List of Subjects in 47 CFR Part 73 in state waters are managed under the Atlantic States Marine Fisheries Interstate Fishery Management Plan Radio, Radio broadcasting. Commission (Commission) under the (ISFMP) for Red Drum (Commission Atlantic Coastal Fisheries Cooperative FMP) by the Atlantic coast states (New For the reasons discussed in the Management Act (Atlantic Coastal Act), preamble, the Federal Communications Jersey through Florida) and the Atlantic as requested by the Councils and the States Marine Fisheries Commission. Commission proposes to amend 47 CFR Commission. The intent of this action is Part 73 as follows: The Commission was established under to enhance the effectiveness and the Atlantic States Marine Fisheries PART 73—RADIO BROADCAST efficiency of managing Atlantic red Commission Compact, an interstate SERVICES drum. compact approved by Congress in 1942. DATES: Written comments on this This proposed rule would repeal the 1. The authority citation for Part 73 proposed rule must be received no later Council FMP and implementing continues to read as follows: than 5 p.m., eastern time, on May 5, regulations issued under the Magnuson- Authority: 47 U.S.C. 154, 303, 334, 336. 2008. Stevens Act and replace them with
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substantially identical regulations under Background that overfishing was still occurring in the Atlantic Coastal Act. to the In the early 1980’s, Atlantic coastal state waters. Commission under the Atlantic Coastal states realized that significant In 1993, the Atlantic Coastal Act was enacted to facilitate coordination of Act. The Atlantic Coastal Act allows the overfishing of juvenile red drum had inter-jurisdictional fisheries Federal government to better coordinate been occurring in state waters for some management (16 U.S.C. 5101 et seq). its management practices with the states time. At the same time, a purse seine The Atlantic Coastal Act acknowledges via the Commission process. The repeal fishery for red drum developed in the the Commission’s authority for of the Council FMP would occur at the Gulf of Mexico EEZ. Although Gulf red preparing and adopting coastal FMPs same time as this rule is implemented. drum is a different stock than Atlantic and facilitates the states’ red drum, there was concern that a Statutory Authority implementation and enforcement of purse seine fishery might develop in the these FMPs in their waters. Under the Section 803(b) of the Atlantic Coastal South Atlantic. Given these conditions, Act, 16 U.S.C. 5101 et seq., states that Atlantic Coastal Act, Federal support is the Commission implemented an ISFMP still required for cooperative interstate in the absence of an approved and for Atlantic red drum in 1984. Although implemented FMP under the Magnuson- management. The Commission FMP for this ISFMP addressed overfishing in Atlantic red drum was adopted under Stevens Act (16 U.S.C. 1801 et seq.), state waters, it lacked the authority to and, after consultation with the the authority of the Atlantic States protect the Atlantic red drum spawning Marine Fisheries Compact, originally appropriate Fishery Management stock in the EEZ. Council(s), the Secretary of Commerce approved by Congress in 1940. The South Atlantic Council, in In 1998, the Secretary approved (Secretary) may implement regulations cooperation with the Mid-Atlantic to govern fishing in the EEZ, which in Amendment 1 to the Council FMP, Council, developed the Council FMP in which identified essential fish habitat this case is from 3 to 200 nautical miles 1990 under the authority of the (nm) offshore. These regulations must and habitat areas of particular concern. Magnuson-Stevens Act. The In 2000, Amendment 2 to the Council be (1) compatible with the effective management unit for Atlantic red drum implementation of an ISFMP developed FMP established new proxy reference was defined as the population of red points for red drum, based on a 40– by the Commission and (2) consistent drum occurring along the United States with the national standards set forth in percent static spawning potential ratio Atlantic coast from the Federal (SPR) of the stock. However, under the section 301 of the Magnuson-Stevens boundary, separating the Gulf of Mexico Commission FMP, state management Act. Regulations may include measures EEZ from the South Atlantic EEZ to the measures were still based on an SPR of recommended by the Commission to the New Jersey/New York line. Regulations 30 percent and red drum continued to Secretary that are necessary to support implementing the Council FMP (55 FR be overfished. Therefore, to reduce the provisions of the Commission FMP. 47059, November 9, 1990) prohibited mortality of juvenile red drum in state Purpose and Need for the Transfer of the possession or harvest of red drum in waters and achieve optimum yield from Management Authority this management area. the stock, the South Atlantic Council’s Objectives of the Council FMP Red Drum Management Committee and The management of red drum included: (1) Maintaining a spawning the Commission’s South Atlantic State- (Sciaenops ocellatus) is greatly stock biomass sufficient to prevent Federal Management Board influenced by the biology of the fish. recruitment failure by working recommended the Commission The younger fish are found primarily in cooperatively with the states to provide implement compatible management state waters (estuaries and inlets) while a 30–percent escapement of juvenile red measures. the larger fish and schools may be found drum to the spawning stock and control In June 2002, the Commission in either the offshore state waters (shore fishing mortality to achieve at least a developed and approved Amendment 2 to 3 nm) or Federal waters (3 to 200 nm 30–percent spawning stock biomass per to the Commission FMP, which among offshore). Because of this distribution, recruit level; (2) providing a flexible other things, updated the Commission juveniles tend to experience higher rates management system to address FMP to meet the standards for of exploitation than the offshore adult incompatibility and inconsistency Commission FMPs under the Atlantic population. According to the most among state and Federal regulations Coastal Act. The management goal of recent stock assessment of Atlantic red which minimizes regulatory delay while Amendment 2 was to achieve and drum, conducted in 2000, recruitment retaining substantial Council and public maintain the optimum yield for the of individuals to the spawning stock input into management decisions and Atlantic red drum fishery, i.e. the continues to decline, largely due to which can adapt to changes in resource amount of harvest U.S. fishermen could excessive fishing mortality on juvenile abundance, new scientific information, take while maintaining the SPR at or red drum, predominantly in state and changes in fishing patterns among above 40 percent. To meet this goal, waters. user groups or by area; and (3) Amendment 2 required states to Since most of the day-to-day promoting cooperative collection of implement appropriate bag and size management and all harvest of red drum biological, economic, and sociological limits. In addition, all states agreed to takes place in state waters, the South data required to effectively monitor and maintain their current level of harvest Atlantic Council, the Mid-Atlantic assess the status of the red drum restrictions to preclude the Council, and the Commission have resource and evaluate management establishment of any new commercial requested that Atlantic red drum in the efforts. fisheries for red drum. South Atlantic and Mid-Atlantic EEZ be In 1991, the Commission The Commission’s Red Drum Plan managed under the Atlantic Coastal Act implemented Amendment 1 to their Review Team examined the status of the instead of under the Magnuson-Stevens ISFMP for red drum to make it Atlantic red drum stock the next year. Act. Managing Atlantic red drum under compatible with the Council FMP. They found that although escapement of a single FMP would minimize Escapement rates of juvenile red drum juvenile red drum to the EEZ was management costs and eliminate increased as a result of Amendment 1 to increasing (by approximately 15 percent unnecessary duplication of management the ISFMP for red drum, however, in the southern region and 18 percent in efforts. overall exploitation estimates indicated the northern region), it was increasing
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by only approximately half of the FMP under the Magnuson-Stevens Act Dated: March 28, 2008. desired rate of 30 percent. Thus, and simultaneously implementing James W. Balsiger, overfishing of juvenile red drum in state comparable regulations under the Acting Assistant Administrator For Fisheries, waters was still occurring. Commission FMP under the Atlantic National Marine Fisheries Service. Following implementation of Coastal Act, will provide for a more For the reasons set out in the Amendment 2 to the Commission FMP, efficient and timely rebuilding of the preamble, 50 CFR parts 622 and 697, are the Councils determined they had done Atlantic red drum resource. proposed to be amended as follows: all they could to protect the Atlantic red drum spawning stock, but lacked the Classification PART 622—FISHERIES OF THE ability to prevent overfishing of Pursuant to section 304(b)(1)(A) of the CARIBBEAN, GULF, AND SOUTH juveniles in state waters under the Magnuson-Stevens Act, I have ATLANTIC present management structure. As a determined that this proposed rule is result, the Mid-Atlantic and South 1. The authority citation for part 622 consistent with the Magnuson-Stevens continues to read as follows. Atlantic Councils requested in letters Act and other applicable law, subject to dated December 9, 2003, and October further consideration after public Authority: 16 U.S.C. 1801 et seq. 26, 2004, respectively, that the Secretary comment. § 622.1 [Amended] repeal the Council FMP, as authorized This proposed rule has been 2. In § 622.1, Table 1, the entries for under section 304(h) of the Magnuson- determined to be not significant for ‘‘Atlantic Coast Red Drum FMP’’ are Stevens Act, and use the authority purposes of Executive Order 12866. removed. § 622.32 [Amended] provided by the Atlantic Coastal Act to The Chief Counsel for Regulation of manage red drum in Federal waters of 3. In § 622.32, remove paragraph the Department of Commerce certified (b)(3), and redesignate paragraph (b)(4) the U.S. Atlantic, with the provision to the Chief Counsel for Advocacy of the that the current EEZ harvest or as paragraph (b)(3); remove newly Small Business Administration that this possession prohibitions remain in place. redesignated paragraph (b)(3)(iii), and proposed rule, if adopted, would not The letters stated that the basis for the redesignate newly redesignated have a significant economic impact on Councils’ requests was that the paragraphs (b)(3)(iv) through (vi) as a substantial number of small entities. Commission has an Atlantic red drum paragraphs (b)(3)(iii) through (v). The basis for this is as follows: FMP that mirrors the Council FMP, and § 622.48 [Amended] No small entities, as defined by the 4. In § 622.48, remove paragraph (k), 100 percent of the harvest and most of Regulatory Flexibility Act, are directly or the day-to-day management of Atlantic indirectly impacted by the rule and the rule and redesignate paragraphs (l) and (m) red drum takes place in state waters has no direct or indirect economic costs. as paragraphs (k) and (l), respectively. under the Commission’s jurisdiction. Specifically, this rule would transfer The letters also stated that consolidating management of the Atlantic Red Drum PART 697—ATLANTIC COASTAL the management of Atlantic red drum Resource from the South Atlantic Fishery FISHERIES COOPERATIVE under one management authority, Management Council to the Atlantic States MANAGEMENT Marine Fisheries Commission (Commission) namely the Commission, would 5. The authority citation for part 697 minimize costs and avoid unnecessary to reduce management costs by avoiding unnecessary duplication of management continues to read as follows: duplication as mandated by national efforts. The Commission is the creation of 15 standard 7 of the Magnuson-Stevens Authority: 16 U.S.C. 5101 et seq. member states and each member state is 6. In § 697.2(a), the definition of Act, without having any adverse represented by 3 Commissioners: the director impacts on the red drum resource. This ‘‘Atlantic red drum’’ is added and the for the state’s marine fisheries management definition of ‘‘Regional Administrator’’ would provide for a more efficient and agency, a state legislator, and an individual timely mechanism to address managing appointed by the governor. Neither the is revised, in alphabetical order, to read Atlantic red drum throughout its range. Commission, which is directly affected by as follows: this rule, nor its member states are small The Commission supported these § 697.2 Definitions. requests in a December 17, 2004, letter governmental jurisdictions as defined by the (a)*** to NOAA’s Assistant Administrator for RFA. The transfer would not require the Atlantic red drum, also called redfish, Fisheries. The Commission requested Commission to change its existing Red Drum Fishery Management Plan, nor, in turn, means Sciaenops ocellatus, or a part that the current EEZ harvest or would it require member states to change thereof, found in the waters of the possession prohibitions remain in place, their existing regulations regarding harvest of Atlantic Ocean off the Atlantic coastal and that the process of withdrawing the red drum by small or large entities. states, to the outer boundary of the EEZ, Council FMP and establishing Consequently, this rule would not require the as specified in § 600.10 of this chapter, management authority under the Commission, its member states, or entities from the boundary of the United States Atlantic Coastal Act be a simultaneous operating within the states to change existing and Canada, to the boundary between action to ensure continuous protection practices. The Secretary would maintain the the South Atlantic Fishery Management of Atlantic red drum in the EEZ. existing prohibitions in the EEZ, and NMFS and the U.S. Coast Guard would continue to Council and the Gulf of Mexico Fishery Benefits of the Change in Management enforce those prohibitions. Management Council, as specified in Authority As a result, an initial regulatory § 600.105(c) of this chapter. Consistent with national standard 7, flexibility analysis is not required and * * * * * this action would reduce management none has been prepared. Regional Administrator, means costs and avoid unnecessary duplication List of Subjects Regional Administrator, Northeast of management efforts. Under the Region, NMFS, or Regional Atlantic Coastal Act, the Secretary will 50 CFR Part 622 Administrator, Southeast Region, maintain the existing harvest or Fisheries, Fishing, Puerto Rico, NMFS, whichever has the applicable possession prohibitions in the EEZ, and Reporting and recordkeeping jurisdiction, or a respective designee. the states, NMFS, and the U.S. Coast requirements, Virgin Islands. * * * * * Guard will continue to enforce those 50 CFR Part 697 7. In § 697.7, paragraph (f) is added to prohibitions. Repealing the Council Fisheries, Fishing. read as follows:
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§ 697.7 Prohibitions. demarcation line between the South for the conduct of exempted fishing * * * * * Atlantic Fishery Management Council beneficial to the management of the (f) Atlantic red drum fishery. In and the Gulf of Mexico Fishery American lobster, weakfish, Atlantic red addition to the prohibitions set forth in Management Council described in drum, Atlantic striped bass, Atlantic § 600.725 of this chapter, it is unlawful § 600.105(c) of this chapter. sturgeon, or horseshoe crab resource or for any person to do any of the (2) Fail to release immediately fishery, pursuant to the provisions of following: without further harm, all Atlantic red § 600.745 of this chapter. drum caught in the EEZ area described (1) Harvest or possess Atlantic red (a) * * * in paragraph (f)(1) of this section. (1) Have a detrimental effect on the drum in the EEZ south of a line 8. In § 697.22, the introductory text extending in a direction of 115° from American lobster, weakfish, Atlantic red and paragraph (a)(1) are revised to read drum, Atlantic striped bass, Atlantic true north commencing at a point at as follows: 40°29.6′ N. lat., 73°54.1′ W. long., such sturgeon, or horseshoe crab resource or point being the intersection of the New § 697.22 Exempted fishing. fishery; or Jersey/New York boundary with the 3– The Regional Administrator or * * * * * nm line denoting the seaward limit of Director may exempt any person or [FR Doc. E8–6955 Filed 4–2–08; 8:45 am] state waters, and north of the vessel from the requirements of this part BILLING CODE 3510–22–S
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Notices Federal Register Vol. 73, No. 65
Thursday, April 3, 2008
This section of the FEDERAL REGISTER the FSIS Docket Room, 1400 April 2007, some control measures for contains documents other than rules or Independence Avenue, SW., Room 2534 E. coli O157:H7 implemented by beef proposed rules that are applicable to the South Building, Washington, DC 20250, operations have proven to be public. Notices of hearings and investigations, between 8:30 a.m. and 4:30 p.m., inadequate. During the period following committee meetings, agency decisions and Monday through Friday, as soon as they April 2007, there has been an increased rulings, delegations of authority, filing of petitions and applications and agency become available. number of positives in Agency sampling statements of organization and functions are FSIS will finalize an agenda on or for E. coli O157:H7 compared to the examples of documents appearing in this before the meeting date and post it and preceding three years, a couple of section. the documents related to the public outbreaks attributed to this pathogen meeting on the FSIS Web page at: and beef products, and a number of http://www.fsis.usda.gov/News/ large recalls. FSIS took a number of DEPARTMENT OF AGRICULTURE Meetings_&_Events/. steps to address the increase in Agency Also, when it becomes available, the E. coli O157:H7 positive results, Food Safety and Inspection Service official transcript of the meeting will be outbreaks, and illnesses. [Docket No. FSIS–2008–0011] kept in the FSIS Docket Room at the For example, on October 12, 2007, above address and will also be posted FSIS issued instructions to inspection Shiga Toxin-Producing E. coli Public on the Agency Web site, http:// program personnel to inform Meeting www.fsis.usda.gov. establishments producing raw beef products that they had an obligation AGENCY: Food Safety and Inspection FOR FURTHER INFORMATION CONTACT: (under 9 CFR 417.4(a)(3)) to reassess Service, USDA. Keith Payne, Phone: (202) 690–6522, FAX: (202) 690–6519, e-mail: their HACCP system to determine ACTION: Notice of public meeting. [email protected] or at the mail whether any changes were necessary in SUMMARY: This notice is announcing address: USDA, FSIS, 1400 response to these E. coli O157:H7 that the U.S. Department of Independence Avenue, SW., Room developments. On October 12, 2007, Agriculture’s (USDA) Food Safety and 1175, South Building, Washington, DC FSIS also instructed inspection program Inspection Service (FSIS) will sponsor a 20250. personnel at establishments producing public meeting on April 9–10, 2008. The Persons requiring a sign language raw beef products to complete an on- purpose of the meeting is to have a interpreter or other special line checklist detailing steps the discussion with stakeholders on recent accommodations should notify Mr. establishment takes to address E. coli spikes in recalls and illnesses related to Payne by April 2, 2008. O157:H7. FSIS intends to use the Escherichia coli (E. coli) O157:H7, SUPPLEMENTARY INFORMATION: information from the checklist to provide updates on FSIS initiatives determine targeted approaches for related to E. coli O157:H7, review Background Agency E. coli O157:H7 verification perspectives, research progress, and Shiga toxin-producing E. coli (STEC) testing. build a foundation for establishing was first identified in the early 1980s in Also in October 2007, FSIS solutions to address the challenges this North America as the cause of outbreaks implemented other steps, including pathogen causes. of bloody diarrhea, often leading to follow-up sampling and testing of raw DATES: The public meeting will be held severe and fatal illness. These outbreaks ground beef, raw ground beef on Wednesday, April 9, 2008, 8 a.m. to were associated with ground beef trimmings, and other raw ground beef 5 p.m., and Thursday, April 10, 2008, consumption, and E. coli O157:H7 was and raw beef patty components in 8 a.m. to 1 p.m. the STEC identified as causing the response to an FSIS positive E. coli ADDRESSES: The meeting will be held at illnesses. In 1994, FSIS notified the O157:H7 result or another Federal or the Holiday Inn Georgetown, 2101 public that raw ground beef State entity’s positive E. coli O157:H7 Wisconsin Avenue, NW., Washington, contaminated with E. coli O157:H7 is result. It also announced that it would DC 20007, Phone: (202) 338–3120, Web adulterated under the Federal Meat begin routine sampling and testing of site: http://www.higeorgetown.com. Inspection Act unless the ground beef is raw ground beef components (including Any changes to meeting dates, times, processed to destroy this pathogen. Also raw beef patty components) other than location, and agenda will be posted on in 1994, FSIS began sampling and beef manufacturing trimmings for E. coli the FSIS Web site and announced in the testing ground beef for E. coli O157:H7. O157:H7. Raw ground beef components Agency’s Constituent Update. On January 19, 1999, FSIS published other than beef manufacturing a policy statement in the Federal trimmings include two piece chucks Registration Register that explained that if non-intact and other primal/sub-primal cuts Pre-registration for this meeting is raw beef products or intact raw beef intended for use in raw ground beef or encouraged. To pre-register to attend in products that are to be processed into other raw non-intact product, raw person or via teleconference, access the non-intact product prior to distribution esophagus (weasand) meat, head meat, FSIS Web site, http://www.fsis.usda.gov. for consumption are found to be cheek meat, beef from advanced meat Contact Sheila Johnson for more contaminated with E. coli O157:H7, they recovery (AMR) systems, low information on logistics at (202) 690– will be deemed to be adulterated if not temperature rendered lean finely 6498 or via e-mail at processed to destroy the pathogen (64 textured beef (LFTB), partially defatted [email protected]. FR 2803). chopped beef, partially defatted beef All documents related to the meeting Beginning at least with the high fatty tissue, and heart meat. Finally, on will be available for public inspection in prevalence season for E. coli O157:H7 in January 1, 2008, FSIS began a new risk-
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based sampling program for E. coli electronic mail subscription service Dated: March 28, 2008. O157:H7 that takes into account which provides automatic and Faye Robinson, establishment volume. customized access to selected food Director Statutory Import Programs Staff. To continue to take steps to address safety news and information. This [FR Doc. E8–6947 Filed 4–2–08; 8:45 am] E. coli O157:H7, FSIS will hold a public service is available at http:// BILLING CODE 3510–DS–S meeting on Wednesday and Thursday, www.fsis.usda.gov/news_and_events/ April 9–10, 2008, to facilitate discussion email_subscription/. Options range from with stakeholders on recent spikes in recalls to export information to DEPARTMENT OF COMMERCE recalls and illnesses related to E. coli regulations, directives and notices. O157:H7; provide updates on FSIS Customers can add or delete International Trade Administration initiatives related to E. coli O157:H7; subscriptions themselves, and have the Application for Duty–Free Entry of and solicit input from producers, option to password protect their Scientific Instruments industry, consumers, academia, states, accounts. and other public health and regulatory Pursuant to Section 6(c) of the agencies for possible solutions to Done at Washington, DC, on: March 28, Educational, Scientific and Cultural address the challenges this pathogen 2008. Materials Importation Act of 1966 (Pub. presents. Alfred V. Almanza, All interested parties are welcome to L. 89–651; as amended by Pub. L. 106– Administrator. 36; 80 Stat. 897; 15 CFR part 301), we attend the meeting and to submit [FR Doc. E8–6868 Filed 4–2–08; 8:45 am] written comments on the agenda items invite comments on the question of after they are discussed through May 7, BILLING CODE 3410–DM–P whether instruments of equivalent 2008, to Mr. Payne by phone (202) 690– scientific value, for the purposes for 6522, fax (202) 690–6519, e-mail: which the instruments shown below are [email protected], or at the intended to be used, are being DEPARTMENT OF COMMERCE mail address: USDA, FSIS, 1400 manufactured in the United States. Comments must comply with 15 CFR Independence Avenue, SW., Room International Trade Administration 1175, South Building, Washington, DC 301.5(a)(3) and (4) of the regulations and be filed within 20 days with the 20250. Individuals who do not wish Applications for Duty–Free Entry of FSIS to post their personal contact Statutory Import Programs Staff, U.S. Scientific Instruments th information—mailing address, e-mail Department of Commerce 14 and Constitution Ave., NW, Room 2104 address, telephone number—on the Pursuant to Section 6(c) of the Internet may leave the information off Washington, D.C. 20230. Applications Educational, Scientific and Cultural may be examined between 8:30 a.m. and their comments. Materials Importation Act of 1966 (Pub. The comments and the official 5 p.m. in Room 2104, U.S. Department L. 89–651, as amended by Pub. L. 106– transcript of the meeting, when they of Commerce. 36; 80 Stat. 897; 15 CFR part 301), we become available, will be posted on the Docket Number: 08–008. Applicant: agency’s Web site at http:// invite comments on the question of Rice University, 6100 Main Street, www.fsis.usda.gov. whether instruments of equivalent Houston, TX 77005. Instrument: Low scientific value, for the purposes for Temperature Microscopy Scanning Additional Public Notification which the instruments shown below are Probe. Manufacturer: Nano Magnetics Public awareness of all segments of intended to be used, are being Instruments, Ltd., Turkey. Intended Use: rulemaking and policy development is manufactured in the United States. The instrument is intended to be used important. Consequently, in an effort to Comments must comply with 15 CFR for imaging local magnetic field and ensure that minorities, women, and 301.5(a)(3) and (4) of the regulations and change current distribution in persons with disabilities are aware of be postmarked on or before April 23, semiconductor nanostructures. An this notice, FSIS will announce it online 2008. Address written comments to essential feature of this instrument is through the FSIS Web page located at Statutory Import Programs Staff, Room that can supply 300mK scanning Hall http://www.fsis.usda.gov/regulations/ probe microscopy with 50 NM special _ _ 2104, U.S. Department of Commerce, 2008 Notices Index/. FSIS will also Washington, D.C. 20230. Applications resolution. Application accepted by make copies of this Federal Register may be examined between 8:30 A.M. Commissioner of Customs: March 12, publication available through the FSIS and 5:00 P.M. at the U.S. Department of 2008. Constituent Update, which is used to Commerce in Room 2104. Docket Number: 08–009. Applicant: provide information regarding FSIS University of Michigan, Department of policies, procedures, regulations, Docket Number: 08–007. Applicant: Materials Science and Engineering, 2300 Federal Register notices, FSIS public University of Southern California, Hayward St., Ann Arbor, MI 48109– meetings, and other types of information University Park, Los Angeles, CA 2136. Instrument: Heating Microscope that could affect or would be of interest 90089–9045. Instrument: Transmission Optical Dilatometer. Manufacturer: to constituents and stakeholders. The Electron Microscope, Model JEM–2100. Expert System Solutions, Italy. Intended Update is communicated via Listserv, a Manufacturer: Jeol, Inc., Japan. Intended Use: This instrument will be used in a free electronic mail subscription service Use: The instrument is intended to be Defense Advanced Research Projects for industry, trade groups, consumer used to visualize tissues, cells and Agency (DARPA)-funded project on interest groups, health professionals, purified biological molecules at high Direct Digital Manufacturing of Airfoils. and other individuals who have asked magnification by transmission electron The objective is to create a low–cost to be included. The Update is also microscopy. The tissues, cells and highly accurate method for manufacture available on the FSIS Web page. molecules to be imaged will be of jet turbine engine airfoils for military Through Listserv and the Web page, evaluated for their morphological and aircraft. The Heating Microscope FSIS is able to provide information to a structural features. Application Optical Dilatometer hardware and much broader and more diverse accepted by Commissioner of Customs: software will be used for sintering audience. In addition, FSIS offers an March 11, 2008. shrinkage up to 1600 degrees centigrade,
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thermal expansion down to room that Kolon sold subject merchandise at description remains dispositive as to the temperature and cristobalite less than normal value (NV) during the scope of the product coverage. transformation at 215 degrees POR, and hereby reinstate Kolon in the Analysis of Comments Received centigrade. An essential feature of the order. The final weighted–average equipment is that it perform a non– dumping margin is listed below in the All issues raised in the case and contact optical measurement. section entitled ‘‘Final Results of rebuttal briefs submitted by Kolon and Application accepted by Commissioner Review.’’ the Petitioners are addressed in the ‘‘Issues and Decision Memorandum’’ of Customs: March 14, 2008. EFFECTIVE DATE: April 3, 2008. (Decision Memorandum) from Stephen Dated: March 28, 2008. FOR FURTHER INFORMATION CONTACT: J. Claeys, Deputy Assistant Secretary for Faye Robinson, Michael J. Heaney or Robert James, AD/ Import Administration, to David M. Director, Statutory Import Programs Staff, CVD Operations, Office 7, Import Spooner, Assistant Secretary for Import Import Administration. Administration, International Trade Administration, dated March 30, 2008, [FR Doc. E8–6949 Filed 4–2–08; 8:45 am] Administration, U.S. Department of which is adopted by this notice. A list BILLING CODE 3510–DS–S Commerce, 14th Street and Constitution of issues which parties have raised is in Avenue, NW., Washington, DC 20230; the Decision Memorandum and is telephone: (202) 482–4475 or (202) 482– attached to this notice as an appendix. DEPARTMENT OF COMMERCE 0649, respectively. Parties can find a complete discussion SUPPLEMENTARY INFORMATION: International Trade Administration of all issues raised in this review and Background the corresponding recommendations in A–580–807 the Decision Memorandum which is on On October 2, 2007, the Department file in the Central Records Unit, Room published in the Federal Register the Polyethylene Terephthalate Film, 1117, of the main Commerce Building. preliminary results of changed Sheet, and Strip from the Republic of In addition, a complete version of the circumstances review and intent to Korea: Final Results of Antidumping Decision Memorandum can be accessed reinstate Kolon in the antidumping Duty Changed Circumstances Review directly on the Web at http:// order on PET film from Korea. See and Reinstatement of the Antidumping www.ia.ita.doc.gov/frn. The paper copy Preliminary Results. This review covers Duty Order and the electronic version of the sales of subject merchandise by Kolon. Decision Memorandum are identical in AGENCY: Import Administration, The POR is July 1, 2005 through June content. International Trade Administration, 30, 2006. Department of Commerce. We invited interested parties to Changes Since the Preliminary Results SUMMARY: On October 2, 2007 the comment on the preliminary results of Based on our analysis of the Department of Commerce (the review. On November 5, 2007, we Department) published the preliminary comments received, we have made received comments from Kolon and the certain changes in the margin results of the changed circumstances petitioners (DuPont Teijin Films, review and intent to reinstate Kolon calculations. These changes are Mitsubishi Polyester Film, Inc, and discussed in the relevant sections of the Industries, Inc. (Kolon) in the Toray Plastics (America) Inc.). On antidumping duty order on Decision Memorandum and the November 13, 2007, Kolon and the Memorandum to the File from Michael polyethylene terephthalate film, sheet Petitioners filed rebuttal comments. At and strip (PET film) from the Republic J. Heaney dated March 31, 2007 the request of Kolon, we held a hearing (Analysis Memorandum). Specifically, of Korea (Korea). See Polythylene on this changed circumstances review Terephthalate Film Sheet and Strip for these final results: on November 21, 2007. On February 6, 1) We matched home market and U.S. from the Republic of Korea: Preliminary 2008, we extended the time frame for sales of PET film by their actual Results of Changed Circumstances completion of this changed thicknesses rather than by thickness Review and Intent to Reinstate Kolon circumstances review by 60 days. The ranges. Industries, Inc. in the Antidumping Department has conducted this changed 2) We made a deduction from CEP to Order, 72 FR 56048 (October 2, 2007) circumstances review in accordance account for bank and postal charges (Preliminary Results). On February 6, with section 751(b) of the Tariff Act of incurred by Kolon’s U.S. affiliate. 2008 we extended the time frame for 1930, as amended (the Act). 3) We corrected a clerical error in our completion of this changed recalculation of variable cost of circumstances review by 60 days. See Scope of the Order manufacture. Polythylene Terephthalate Film, Sheet, Imports covered by this review are and Strip from the Republic of Korea: shipments of all gauges of raw, Final Results of Review Extension of Time Limits for Final pretreated, or primed polyethylene We determine that the following Results of Changed Circumstances terephthalate film, sheet, and strip, weighted–average margin percentage Review, 73 FR 6931 (February 6, 2008). whether extruded or coextruded. The exists for the period July 1, 2005 This review covers subject films excluded from this review are through June 30, 2006: merchandise manufactured and metallized films and other finished exported by Kolon. The products films that have had at least one of their Manufacturer/Exporter Margin covered by this order are all gauges of surfaces modified by the application of PET film, sheet and strip (see ‘‘Scope of a performance enhancing resinous or Kolon ...... 1.53 percent the Review’’ section below). The period inorganic layer of more than 0.00001 of review (POR) is July 1, 2005 through inches (0.254 micrometers) thick. PET Since we have established that PET June 30, 2006. Based on our analysis of film is currently classifiable under film from Korea manufactured and the comments received, we have made Harmonized Tariff Schedule (HTS) exported by Kolon is being sold at less changes in the margin calculation. subheading 3920.62.00.90 The HTS than NV, Kolon is hereby reinstated in Therefore, the final results differ from subheading is provided for convenience the antidumping order effective on the the preliminary results. We determine and for customs purposes. The written publication date of this notice. We will
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advise the U.S. Customs and Border DEPARTMENT OF COMMERCE that the Secretary of Commerce Protection to collect a cash deposit of (Secretary) received on February 11, 1.53 percent on all entries of the subject National Oceanic and Atmospheric 2008. Administration merchandise exported by Kolon that are On March 10, 2008, upon a delegation entered, or withdrawn from warehouse, RIN 0648–XG78 of authority from the Secretary, NMFS for consumption on or after the completed its independent review of the publication date of these final results. Atlantic Coastal Fisheries Cooperative Commission’s findings and NMFS This requirement shall remain in effect Management Act Provisions; Tautog determined that the State of New Jersey until publication of the final results of Fishery the next administrative review as to was not in compliance with the Kolon. There are no changes to the rates AGENCY: National Marine Fisheries Commission’s Tautog Plan and that the applicable to any other companies Service (NMFS), National Oceanic and measures New Jersey failed to under this antidumping duty order. Atmospheric Administration (NOAA), implement and enforce are necessary for Commerce. the conservation of the tautog fishery. Notification to Interested Parties ACTION: Notice of cancellation of Federal New Jersey was notified by letter on The Department will disclose moratorium. March 11, 2008, that NMFS declared a calculations performed in connection Federal moratorium on fishing for, SUMMARY: NMFS announces the with the final results of review within possession of, and landing of tautog by cancellation of the Federal moratorium five days of the date of publication of the recreational and commercial on fishing for tautog in the State waters this notice in accordance with 19 CFR fishermen in New Jersey state waters of New Jersey. NMFS canceled the 351.224(b). effective April 1, 2008, if New Jersey has This notice also serves as a reminder moratorium, as required by the Atlantic Coastal Fisheries Cooperative not complied with the Commission’s to parties subject to administrative Tautog Plan by that date. Details were protective orders (APO) of their Management Act (Atlantic Coastal Act), provided in a Federal Register notice responsibility concerning the based on the determination that New published on March 14, 2008 (73 FR disposition of proprietary information Jersey is now in compliance with the disclosed under APO in accordance Atlantic States Marine Fisheries 13864), and are not repeated here. with 19 CFR 351.305(a)(3). Timely Commission’s (Commission) Tautog Activities Pursuant to the Atlantic written notification of the return/ Interstate Fishery Management Plan Coastal Act disposition of APO materials or (Plan). conversion to judicial protective order is DATES: Effective March 31, 2008. The Atlantic Coastal Act specifies hereby requested. Failure to comply ADDRESSES: Harold C. Mears, Director, that, if, after a moratorium is declared with the regulations and the terms of an State, Federal and Constituent Programs with respect to a State, the Secretary is APO is a sanctionable violation. Office, NMFS, Northeast Region, One notified by the Commission that it is We are issuing and publishing this Blackburn Drive, Gloucester, MA 01930. withdrawing the determination of determination in accordance with FOR FURTHER INFORMATION CONTACT: Bob noncompliance, the Secretary shall section 751(b)(1) of the Act and 19 CFR Ross, Fishery Management Specialist, immediately determine whether the 351.216. NMFS, Northeast Region, (978) 281– State is in compliance with the Dated: March 28, 2008. 9327, fax (978) 281–9117, e-mail applicable plan. If the state is David M. Spooner, [email protected]. determined to be in compliance, the moratorium shall be terminated. On Assistant Secretary for Import SUPPLEMENTARY INFORMATION: Administration. March 26, 2008, NMFS received a letter Background Appendix–Comments in Decision Memo from the Commission that New Jersey Tautog (Tautoga onitis), often known has taken corrective action to comply 1. Authority to reinstate Kolon in the ≤ by the common name ‘‘blackfish,’’ is a with the Tautog Plan, and that the antidumping Order Commission has withdrawn its 2. Whether Changed Circumstances coastal fish species ranging from Nova Reviews Are a Suitable Vehicle for Scotia to South Carolina, but most determination of noncompliance. abundant from the southern Gulf of Reinstating Previously Revoked Cancellation of the Moratorium Respondents Within an Order Maine (lower Massachusetts Bay and 3. Whether Reinstating Revoked southern Cape Cod Bay) to Chesapeake Based on the Commission’s March 26, Respondents is Consistent with the Bay. The Commission manages this 2008, letter, information received from Court’s Decision on Asahi Chemical species according to its Tautog Plan. the State of New Jersey, and NMFS 4. Authority of Department to Require The Commission’s Tautog Plan can be review of New Jersey’s revised tautog Kolon to Sign a Reinstatement located at http://www.asmfc.org, (select regulations, which achieved the ‘‘Interstate Fishery Management,’’ then Agreement≤ required 25.6–percent reduction in select ‘‘Tautog.’’). 5. Whether Procedures Applicable to tautog exploitation as was required by Reviews or Investigations Should On February 7, 2008, the Commission voted the State of New Jersey out of the Tautog Plan, NMFS concurs with Govern this Proceeding the Commission’s determination that 6. Zeroing compliance with the Commission’s 7. Model–Match Methodology Tautog Plan. Specifically, the New Jersey is now in compliance with 8. Calculation of General and Commission found that New Jersey had the Tautog Plan. Therefore, the Administrative Expenses not implemented management measures moratorium on fishing for, possession 9. Calculation of Variable Cost of to achieve the required 25.6 percent of, and landing of tautog by the Manufacture reduction in tautog exploitation as was recreational and commercial fishermen 10. Adjustment for Kolon’s Bank and required by the Tautog Plan. The within New Jersey waters is canceled. Postal Charges Commission forwarded the findings of Authority: 16 U.S.C. 5101 et seq. [FR Doc. E8–6951 Filed 4–2–08; 8:45 am] their vote on February 7, 2008, in a BILLING CODE 3510–DS–S formal non-compliance referral letter
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Dated: March 31, 2008. Pierce, FL. Registration for the addresses sharks, squids, sculpins, and James W. Balsiger, Workshop is limited. octopuses in the GOA; sharks, skates, sculpins, and octopuses in the BSAI; Acting Assistant Administrator for Fisheries, Special Accommodations National Marine Fisheries Service. and possibly grenadiers in the GOA and [FR Doc. 08–1090 Filed 3–31–08; 3:59 pm] This meeting is physically accessible BSAI) in one analysis may result in an BILLING CODE 3510–22–S to people with disabilities. Requests for unmanageable decision making auxiliary aids should be directed to the document. Management of these species council office (see ADDRESSES) 3 days groups (plus additional multiple sub- DEPARTMENT OF COMMERCE prior to the meeting. area, sub-allocation, and seasonal Note: The times and sequence apportionments) poses numerous National Oceanic and Atmospheric specified in this agenda are subject to management and regulatory difficulties Administration change. and may result in unintended Dated: March 31, 2008. consequences on fishing fleets. The RIN: 0648–XG87 Tracey L. Thompson, proposed priorities for action include: (1) move BSAI and/or GOA squid into Fisheries of the South Atlantic; South Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. the forage fish category; (2) move BSAI Atlantic Fishery Management Council; and/or GOA octopus into the forage fish Meeting [FR Doc. E8–6882 Filed 4–2–08; 8:45 am] BILLING CODE 3510–22–S category or remove it from the FMPs AGENCY: National Marine Fisheries and defer management to the State of Service (NMFS), National Oceanic and Alaska; (3) delete an alternative to add Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE grenadiers to the TAC specification Commerce. process; and (4) separate the proposed National Oceanic and Atmospheric alternatives into distinct BSAI and GOA ACTION: Notice of a South Atlantic Administration amendment packages. The Committee Deepwater Coral Teacher’s Workshop. will develop recommendations on these RIN: 0648–XG79 SUMMARY: The South Atlantic Fishery priority actions. Management Council, in partnership North Pacific Fishery Management Although non-emergency issues not with NOAA Undersea Research Center, Council; Public Meeting contained in this agenda may come NOAA Fisheries, and Harbor Branch before this group for discussion, those Oceanographic Institution is conducting AGENCY: National Marine Fisheries issues may not be the subject of formal a Deepwater Coral Teacher Workshop in Service (NMFS), National Oceanic and action during this meeting. Action will Ft. Pierce, FL. Atmospheric Administration (NOAA), be restricted to those issues specifically Commerce. DATES: The workshop will take place identified in this notice and any issues ACTION: Notice of a public meeting. April 19, 2008. See SUPPLEMENTARY arising after publication of this notice INFORMATION. that require emergency action under SUMMARY: The North Pacific Fishery section 305(c) of the Magnuson-Stevens ADDRESSES: The workshop will be held Management Council’s (Council) Non- Fishery Conservation and Management at the Harbor Branch Oceanographic Target Species Committee will meet Act, provided the public has been Institute at Florida Atlantic University, April 23, 2008 at the Alaska Fishery notified of the Council’s intent to take 5600 U.S. 1, North, Ft. Pierce, FL; Science Center, National Marine final action to address the emergency. telephone: (772) 465–2400. Mammal Conference Room. Council address: South Atlantic DATES: The meeting will be held on Special Accommodations Fishery Management Council, 4055 April 23, 2008, from 9 a.m. to 5 p.m. These meetings are physically Faber Place Drive, Suite 201, North ADDRESSES: The meeting will be held at accessible to people with disabilities. Charleston, SC 29405. the Alaska Fishery Science Center, 7600 Requests for sign language FOR FURTHER INFORMATION CONTACT: Kim Sand Point Way NE, Bldg 4, Seattle, interpretation or other auxiliary aids Iverson, Public Information Officer; WA. It will also be held by should be directed to Gail Bendixen, telephone: (843) 571–4366 or toll free teleconference at the National Marine (907) 271–2809, at least 5 working days (866) SAFMC–10; fax: (843) 769–4520; Fisheries Service, 709 W 9th, Juneau, prior to the meeting date. email: [email protected]. AK (8 a.m. AST). Dated: March 31, 2008. SUPPLEMENTARY INFORMATION: The Council address: North Pacific Tracey L. Thompson, Fishery Management Council, 605 W. Deepwater Coral Teacher’s Workshop Acting Director, Office of Sustainable will take place from 8:30 a.m. - 5 p.m. 4th Ave., Suite 306, Anchorage, AK Fisheries, National Marine Fisheries Service. 99501–2252. on April 19, 2008. [FR Doc. E8–6880 Filed 4–2–08; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jane The Workshop is designed for BILLING CODE 3510–22–S teachers and educators targeting high- DiCosimo, Council staff; telephone: school grade students to better increase (907) 271–2809. their student’s knowledge and SUPPLEMENTARY INFORMATION: The Non- DEPARTMENT OF COMMERCE awareness of these important marine Target Species Committee will consider ecosystems. The Workshop will include possible priorities for breaking out National Oceanic and Atmospheric presentations on deepwater coral reefs different groups from the ‘‘other Administration found off of Florida, an overview of the species’’ complexes in the BSAI and Oculina Habitat Area of Particular GOA groundfish fishery management RIN: 0648–XG80 Concern, deepwater coral research, plans. The need to set these priorities is North Pacific Fishery Management mapping and monitoring, and to take quicker action for more Council; Public Meeting management. The Workshop also vulnerable groups. The committee and includes a guided tour of the have expressed concern that analyzing a AGENCY: National Marine Fisheries Smithsonian Marine Station in Ft. broader set of alternatives (which Service (NMFS), National Oceanic and
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Atmospheric Administration (NOAA), DEPARTMENT OF DEFENSE environmental impacts associated with Commerce. implementation of these realignment Department of the Navy actions at NNMC in Bethesda, MD. ACTION: Notice of a public committee The FEIS addresses three alternatives: meeting. Notice of Availability for Final Two alternatives that implement the Environmental Impact Statement for BRAC-directed actions and a No Action SUMMARY: The North Pacific Fishery the Activities To Implement 2005 Base Alternative. Both BRAC implementation Management Council’s (Council) Crab Realignment and Closure Actions at alternatives provide the same facilities Committee will meet. National Naval Medical Center, with some facility site changes and Bethesda, MD differences between new construction DATES: The meeting will be held on and renovation to obtain required AGENCY: Department of the Navy, DoD. April 29, 2008, from 8:30 a.m. to 5:30 facilities. The environmental impacts p.m. ACTION: Notice. between the two BRAC alternatives are ADDRESSES: The meeting will be held at SUMMARY: Pursuant to Section similar. The Navy’s Preferred Alternative the Swedish Culture Center, 1920 (102)(2)(C) of the National would add approximately 1,144,000 Dexter Avenue North, Seattle, WA Environmental Policy Act of 1969 square feet (SF) of new building 98109. (NEPA), the regulations implemented by construction, provide approximately the Council on Environmental Quality Council address: North Pacific 508,000 SF of renovation to existing (40 CFR parts 1500–1508), and the Fishery Management Council, 605 W. building space at NNMC, and provide Department of the Navy (DON) NEPA 4th Ave., Suite 306, Anchorage, AK approximately 824,000 SF of new 99501–2252. regulation (32 CFR part 775), DON parking facilities. It would announces the availability of the Final accommodate approximately 2,500 FOR FURTHER INFORMATION CONTACT: Environmental Impact Statement (FEIS) Mark Fina, North Pacific Fishery additional staff and an estimated 1,862 for potential environmental impacts patients and visitors each weekday. Management Council; telephone: (907) associated with implementing actions The new construction or 271–2809. directed by the Defense Base Closure improvements to existing facilities and Realignment (BRAC) Act of 1990, SUPPLEMENTARY INFORMATION: The would provide medical care and Public Law 101–510, as amended in Committee will have discussions on the administration additions and 2005 (BRAC Law), at the National Naval following items: purpose and need alterations, a National Intrepid Center of Medical Center (NNMC) in Bethesda, Excellence for traumatic brain injury statement; potential elements and MD. options; crew proposal and alternatives and psychological health care, to those proposals; data issues; DATES: The Wait Period (No Action permanent and temporary lodging community protections; possible Period) for the FEIS will end 30 days facilities (Bachelor Enlisted Quarters TM emergency relief from regionalization; after publication of an NOA in the and Fisher Houses ), a new physical fitness center, additional parking, and arbitration issues. Federal Register by the U.S. Environmental Protection Agency. road and utility improvements on the Although non-emergency issues not ADDRESSES: Officer in Charge—BRAC, installation as needed to support the contained in this agenda may come National Naval Medical Center, 8901 new facilities. before this group for discussion, those Wisconsin Avenue, Bethesda, MD 20889 The FEIS finds that the Preferred issues may not be the subject of formal and Telephone: 301–319–4561. Alternative would have minimal action during this meeting. Action will impacts to soil, water, or biological FOR FURTHER INFORMATION CONTACT: be restricted to those issues specifically resources because the new facilities Officer in Charge—BRAC, National identified in this notice and any issues would be constructed on either existing Naval Medical Center, 8901 Wisconsin arising after publication of this notice development such as parking lots or on Avenue, Bethesda, MD 20889 and landscaped areas with only a small that require emergency action under Telephone: 301–319–4561. section 305(c) of the Magnuson-Stevens increase in impervious surfaces. No SUPPLEMENTARY INFORMATION: Under the Fishery Conservation and Management effects to rare, threatened, and BRAC law, the Walter Reed Army Act, provided the public has been endangered species would be expected Medical Center (WRAMC) will realign notified of the Council’s intent to take under the Preferred Alternative. all tertiary and complex health care Emissions of air pollutants from final action to address the emergency. services to the NNMC campus in construction and operations of the Special Accommodations Bethesda. The transfer and integration Preferred Alternative would not exceed of these services with existing functions de minimis levels or ambient standards This meeting is physically accessible at NNMC will result by law in creation established by the U.S. Environmental to people with disabilities. Requests for of a new premier military health care Protection Agency for protection of the sign language interpretation or other center to be named the Walter Reed airshed and thus air quality impacts auxiliary aids should be directed to Gail National Military Medical Center would not be significant. A short-term Bendixen, (907) 271–2809, at least 5 (WRNMMC) at Bethesda, MD, and is to increase in noise levels would occur working days prior to the meeting date. be accomplished by 15 September 2011. during construction that is typical of The BRAC-directed realignment will Dated: March 31, 2008. construction activities. Utility bring additional patients and visitors expansions would be required, but Tracey L. Thompson, requiring additional staff and facilities major issues are not anticipated. Acting Director, Office of Sustainable to be provided at NNMC. The FEIS The Navy is pursuing formal Section Fisheries, National Marine Fisheries Service. provides information on the proposed 106 consultation under the National [FR Doc. E8–6881 Filed 4–2–08; 8:45 am] new construction and facility Historic Preservation Act to resolve all BILLING CODE 3510–22–S alterations, current estimates of the adverse effects to historic properties. additional staff that will be needed, and The Preferred Alternative will add an assessment of the potential traffic to an area already experiencing
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heavy traffic congestion. The FEIS Dated: March 28, 2008. IAEA Safeguards Agreement provides a number of recommended T.M. Cruz, (‘‘Additional Protocol’’), and Collection improvements both on and off Base to Lieutenant, Judge Advocate Generals Corps, of Information by the Department of address the effects of the traffic U.S. Navy, Federal Register Liaison Officer. Energy; (3) Type of Review: New; (4) generated by the Preferred Alternative. [FR Doc. E8–6891 Filed 4–2–08; 8:45 am] Purpose: Develop Information for The Navy is programming funds for BILLING CODE 3810–FF–P Inclusion by the Department of Energy improvements at gates and on Base and in the United States Declaration to the is submitting a request for Defense International Atomic Energy Agency Access Road Program approval for some DEPARTMENT OF ENERGY (IAEA) under the Additional Protocol to of these improvements off Base. the U.S.-IAEA International Safeguards The FEIS finds all direct effects to Proposed Agency Information Agreement. land use to be within NNMC and Collection This proposed collection of consistent with NNMC plans; all actions information is pursuant to AGENCY: U.S. Department of Energy. take place within the NNMC implementing the provisions of the ACTION: boundaries. Off Base, the BRAC actions Notice and request for Protocol Additional to the Agreement increase traffic on roads already comments. Between the United States of America and the IAEA for the Application of experiencing traffic congestion. SUMMARY: The Department of Energy Safeguards in the United States of Community planners believe that the (DOE) invites public comment on a America (the ‘‘Additional Protocol’’ or traffic congestion in the region could proposed collection of information that ‘‘AP’’). The Additional Protocol is a cause land development plans to be DOE is developing for submission to the supplement to the existing U.S.-IAEA altered and the BRAC traffic volumes Office of Management and Budget Safeguards Agreement, which entered contribute to the congestion with (OMB) pursuant to the Paperwork into force in 1980; once the U.S. AP heavier volumes than previously Reduction Act of 1995. Comments are enters into force, it will become part of anticipated in their plans. invited on: (a) Whether the proposed the Safeguards Agreement. The United Economic impacts to the surrounding collection of information is necessary States signed the U.S. AP in 1998, economy from the large investment in for the proper performance of the President Bush submitted it to the construction and renovation of facilities functions of the agency, including Senate on May 9, 2002 for the Senate’s under the Preferred Alternative would whether the information shall have advice and consent to ratification, and be beneficial. Personnel relocating from practical utility; (b) the accuracy of the the Senate approved a resolution WRAMC are not expected to change agency’s estimate of the burden of the providing such advice and consent on their off base residences and lodging proposed collection of information, March 31, 2004. Legislation to being added for the increase in staff, including the validity of the implement the U.S. AP was enacted on patients and visitors is considered methodology and assumptions used; (c) December 18, 2006. Entry into force of adequate; impacts to local housing, ways to enhance the quality, utility, and the U.S. AP will take place when the schools, or community services are clarity of the information to be President deposits the instrument of expected to be minimal. Impacts to collected; and (d) ways to minimize the ratification with the IAEA. human health and safety are not burden of the collection of information The Department of Energy is the Lead expected. on respondents, including through the Agency for implementing the The FEIS has been distributed to use of automated collection techniques Additional Protocol at locations owned, various federal, state, and local or other forms of information operated, or leased by or for DOE, agencies, elected officials, special technology. including Nuclear Regulatory interest groups, and interested parties. DATES: Comments regarding this Commission (NRC)-licensed or certified The FEIS is also available at the proposed information collection must activities on DOE installations, and, in following local libraries and public be received on or before June 2, 2008. coordination with the Department of facilities: Bethesda Library, 7400 If you anticipate difficulty in submitting Defense, non-military locations on Arlington Road, Bethesda, MD, 20814; comments within that period, contact installations that store or process naval Chevy Chase Library, 8005 Connecticut the person listed in ADDRESSES as soon reactor fuel (collectively known as Avenue, Chevy Chase, MD, 20815; Davis as possible. ‘‘DOE Locations’’). This collection of Library, 6400 Democracy Boulevard, ADDRESSES: Written comments may be information affects only those persons Bethesda, MD, 20817; Kensington Park sent to JoAnna Sellen, Office of performing activities at DOE Locations Library, 4201 Knowles Avenue, International Regimes and Agreements that would be declarable to the IAEA Kensington, MD, 20895; Rockville (NA–243), National Nuclear Security under the U.S. AP. The NRC is the Lead Library, 21 Maryland Avenue, Administration, 1000 Independence Agency for locations that are subject to Rockville, MD 20850; Bethesda-Chevy Ave., SW., Washington, DC 20585 or by the regulatory authority of the NRC, Chase Regional Services Center, 4805 fax at 202–586–1348, or by e-mail at pursuant to the NRC’s regulatory Edgemoor Lane, Bethesda, MD, 20814; [email protected]. jurisdiction under the Atomic Energy Bethesda Urban Partnership, Inc., 7700 Act of 1954, as amended (42 U.S.C. 2011 Old Georgetown Road, Bethesda, MD, FOR FURTHER INFORMATION CONTACT: et seq.), with the exception of those 20814; and Bethesda-Chevy Chase Requests for additional information or NRC-licensed or certified activities at Chamber of Commerce, 7910 Woodmont copies of the information collection DOE Locations. The Department of Avenue, Suite 1204, Bethesda, MD, instrument and instructions should be Commerce (DOC) is the Lead Agency for 20814. directed to the person listed in all other locations in the United States, The FEIS is also available at the ADDRESSES. except U. S. Government locations and following Web sites: http:// SUPPLEMENTARY INFORMATION: This those locations for which the NRC is the www.bethesda.med.navy.mil/ package contains: (1) OMB No. {enter Lead Agency. All persons, including Professional/Public_Affairs/BRAC/; and ‘‘New}; (2) Information Collection DOE contractors performing declarable http://www.montgomerycountymd.gov/ Request Title: U.S. Declaration under activities at locations other than those brac. the Protocol Additional to the U.S.- for which DOE is the Lead Agency,
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would submit their declarations for Issued in Washington, DC on March 27, comprehensive overview of Department- these activities at non-DOE Locations to 2008. wide printing and duplicating activities; either the NRC or DOC, as appropriate. Adam M. Scheinman, (4) Estimated Number of Respondents: The Department of Energy proposes to Assistant Deputy Administrator for 163; (5) Estimated Total Burden Hours: collect information that is required for Nonproliferation and International Security. 1607; (6) Number of Collections: The submission under the U.S. AP. [FR Doc. E8–6905 Filed 4–2–08; 8:45 am] information collection request contains Collecting this information from those BILLING CODE 6450–01–P five (5) information and/or entities that are actually performing recordkeeping requirements. declarable activities at DOE Locations Statutory Authority: See 44 U.S.C. 103, DEPARTMENT OF ENERGY provides the most effective and efficient 501 & 504, and the Government Printing and Binding Regulations, Title IV; Joint way for DOE to identify such declarable Information Collection Extension activities and the locations associated Committee on Printing Report Forms. with such activities, and to assemble AGENCY: Department of Energy. Issued in Washington, DC on March 27, accurate and timely information on such ACTION: Submission for Office of 2008. activities. Management and Budget (OMB) review; Mary R. Anderson, All reporting requirements that are comment request. Director, Office of Administrative Management and Support. applicable to respondents making their SUMMARY: The Department of Energy declarations through DOE can be found [FR Doc. E8–6906 Filed 4–2–08; 8:45 am] (DOE) has submitted an information BILLING CODE 6450–01–P in Article 2.a of the U.S. AP. These collection request to the OMB for activities are considered to be funded, extension under the provisions of the specifically authorized or controlled by, Paperwork Reduction Act of 1995. The DEPARTMENT OF ENERGY or carried out on behalf of, the United information collection requests a three- States, by virtue of the fact that the year extension of its Department-wide Federal Energy Regulatory Department of Energy, as an agency of Printing and Publishing Activities, OMB Commission the U.S. Government, controls all Control Number 1910–0100. This [Docket No. CP08–93–000] activities, regardless of performer, that information collection request covers occur at its installations. information necessary to the Northern Natural Gas Company; Notice (5) Respondents: Respondents will Department for gathering and compiling of Application primarily include DOE Management and data from its facilities nation-wide on Operations (M&O) contractors operating the usage of in-house printing and March 27, 2008. DOE installations and facilities. DOE duplicating facilities as well as all Take notice that on March 19, 2008, estimates that 10–15 respondents will printing productions from external Northern Natural Gas Company submit declarations under the U.S. AP; Government Printing Office vendors. (Northern), 1111 South 103rd Street, however, the number will fluctuate on DATES: Comments regarding this Omaha, Nebraska 68124, filed in Docket an annual basis. Because any person collection must be received on or before No. CP08–93–000 an application performing a declarable activity at a May 5, 2008. If you anticipate that you pursuant to section 7(b) of the Natural location for which DOE is the Lead will be submitting comments, but find Gas Act (NGA) and part 157 of the Agency must report that activity it difficult to do so within the period of Commission’s regulations for through DOE, and because the identity time allowed by this notice, please permission and approval to abandon in- of such persons might change from year advise the OMB Desk Officer of your place compression facilities at its to year as declarable activities are intention to make a submission as soon Kermit compressor station, located in initiated or terminated, DOE cannot as possible. The Desk Officer may be Winkler County, Texas, all as more fully estimate with certainty the total number telephoned at 202–395–4650. set forth in the application which is on file with the Commission and open to of respondents subject to this collection ADDRESSES: Written comments should of information. Likewise, it cannot be sent to: DOE Desk Officer, Office of public inspection. The filing may also estimate with certainty the number of Information and Regulatory Affairs, be viewed on the Web at http:// small businesses, if any, that would be Office of Management and Budget, New www.ferc.gov using the ‘‘eLibrary’’ link. affected by this collection. Executive Office Building, Room 10102, Enter the docket number excluding the last three digits in the docket number (6) Estimated Number of Burden 735 17th Street, NW., Washington, DC field to access the document. For Hours: The burden in person-hours of 20503; and to: Dallas Woodruff, Lead assistance, contact FERC at responding to the proposed collection of Printing Specialist, U.S. Department of [email protected] or call information will depend on the number Energy, M/S MA–421, 1000 toll-free, (886) 208–3676 or TTY, (202) of declarable activities at the Independence Ave., SW., Washington, DC 20585; or by fax at 202–586–0753 or 502–8659. respondent’s location. This effort might Specifically, Northern proposes to range from as low as 40 hours, for a by e-mail at [email protected]. abandon in-place two compressor units: location with one or two declarable A G.E. 9,300 horsepower unit and a activities, to as many as 400 hours, for FOR FURTHER INFORMATION CONTACT: The Solar 1,080 horsepower unit and station a location with 30–40 declarable individuals listed in ADDRESSES. piping at its Kermit compressor station. activities. This effort includes annual SUPPLEMENTARY INFORMATION: This Northern states that the two units were effort expended in maintaining and information collection request contains: damaged during a fire and explosion in training on using the software provided (1) OMB No. 1910–0100; (2) Information the spring of 2003. Northern avers that by DOE to assemble and report the Collection Request Title: Department- no physical construction activities will information as well as making the wide Printing and Publishing Activities; occur to abandon the compressor units declaration. (3) Purpose: The information collected in-place since the units were severed Statutory Authority: Public Law 109–401 is reported to the Joint Committee on from the station piping and (December 18, 2006). Printing (JCP). It provides the JCP a disconnected after the fire and
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explosion were contained. Northern two copies of their comments to the Transco proposes to abandon the SMI declares that it will retain the Secretary of the Commission. 66C Platform and appurtenant facilities. compressor station yard along with the Environmental commenters will be Transco states that it has not used the office building for Northern’s personnel placed on the Commission’s platform to provide transportation to utilize. Northern avers that a by-pass environmental mailing list, will receive service at least since the abandonment pipeline around the compressor station copies of the environmental documents, of the compressors in 1986. Transco was constructed and is now in operation and will be notified of meetings declares that the platform is no longer and service has been restored. Northern associated with the Commission’s needed by Transco, was damaged in states that the abandonment would not environmental review process. hurricanes Katrina and Rita in 2005, and impact any firm service obligations to Environmental commenters will not be should be removed. Transco avers that Northern’s existing shippers since the required to serve copies of filed the abandonment of the platform will pipeline facilities, including the documents on all other parties. have no impact on the daily design relocated by-pass pipeline, will have the However, the non-party commenters capacity of, or operating conditions on, capacity to continue full, uninterrupted will not receive copies of all documents Transco’s pipeline system, nor will the service. filed by other parties or issued by the abandonment have any adverse impact Any questions regarding this Commission (except for the mailing of on Transco’s existing customers. application should be directed to environmental documents issued by the Transco states that no customers have Michael T. Loeffler, Senior Director of Commission) and will not have the right received service through the SMI 66C Certificates and External Affairs, to seek court review of the Platform since the abandonment of the Northern Natural Gas Company, 1111 Commission’s final order. compressors in 1986. South 103rd Street, Omaha, Nebraska Comments, protests and interventions Any questions regarding this 68124, at (402) 398–7103. may be filed electronically via the application should be directed to Ingrid There are two ways to become Internet in lieu of paper. See, 18 CFR Germany, Certificates & Tariffs, involved in the Commission’s review of 385.2001(a)(1)(iii) and the instructions Transcontinental Gas Pipe Line this project. First, any person wishing to on the Commission’s Web site under the Corporation, P.O. Box 1396, Houston, obtain legal status by becoming a party ‘‘e-Filing’’ link. Texas 77251, at (713) 215–4015. to the proceedings for this project Comment Date: April 17, 2008. There are two ways to become should, on or before the comment date stated below, file with the Federal Kimberly D. Bose, involved in the Commission’s review of Energy Regulatory Commission, 888 Secretary. this project. First, any person wishing to obtain legal status by becoming a party First Street, NE., Washington, DC 20426, [FR Doc. E8–6864 Filed 4–1–08; 8:45 am] to the proceedings for this project a motion to intervene in accordance BILLING CODE 6717–01–P with the requirements of the should, on or before the comment date Commission’s Rules of Practice and stated below, file with the Federal Procedure (18 CFR 385.214 or 385.211) DEPARTMENT OF ENERGY Energy Regulatory Commission, 888 and the Regulations under the NGA (18 First Street, NE., Washington, DC 20426, CFR 157.10). A person obtaining party Federal Energy Regulatory a motion to intervene in accordance status will be placed on the service list Commission with the requirements of the Commission’s Rules of Practice and maintained by the Secretary of the [Docket No. CP08–94–000] Commission and will receive copies of Procedure (18 CFR 385.214 or 385.211) all documents filed by the applicant and Transcontinental Gas Pipe Line and the Regulations under the NGA (18 by all other parties. A party must submit Corporation; Notice of Application CFR 157.10). A person obtaining party 14 copies of filings made with the status will be placed on the service list Commission and must mail a copy to March 27, 2008. maintained by the Secretary of the the applicant and to every other party in Take notice that on March 18, 2008, Commission and will receive copies of the proceeding. Only parties to the Transcontinental Gas Pipe Line all documents filed by the applicant and proceeding can ask for court review of Corporation (Transco), P.O. Box 1396, by all other parties. A party must submit Commission orders in the proceeding. Houston, Texas 77251, filed in Docket 14 copies of filings made with the However, a person does not have to No. CP08–94–000 an application Commission and must mail a copy to intervene in order to have comments pursuant to section 7(b) of the Natural the applicant and to every other party in considered. The second way to Gas Act (NGA) and part 157 of the the proceeding. Only parties to the participate is by filing with the Commission’s regulations for proceeding can ask for court review of Secretary of the Commission, as soon as permission and approval to abandon the Commission orders in the proceeding. possible, an original and two copies of South Marsh Island Block 66 ‘‘C’’ However, a person does not have to comments in support of or in opposition Platform (SMI 66C Platform) and intervene in order to have comments to this project. The Commission will appurtenances, located in offshore considered. The second way to consider these comments in Louisiana, all as more fully set forth in participate is by filing with the determining the appropriate action to be the application which is on file with the Secretary of the Commission, as soon as taken, but the filing of a comment alone Commission and open to public possible, an original and two copies of will not serve to make the filer a party inspection. The filing may also be comments in support of or in opposition to the proceeding. The Commission’s viewed on the Web at http:// to this project. The Commission will rules require that persons filing www.ferc.gov using the ‘‘eLibrary’’ link. consider these comments in comments in opposition to the project Enter the docket number excluding the determining the appropriate action to be provide copies of their protests only to last three digits in the docket number taken, but the filing of a comment alone the party or parties directly involved in field to access the document. For will not serve to make the filer a party the protest. assistance, contact FERC at to the proceeding. The Commission’s Persons who wish to comment only [email protected] or call rules require that persons filing on the environmental review of this toll-free, (886) 208–3676 or TYY, (202) comments in opposition to the project project should submit an original and 502–8659. provide copies of their protests only to
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the party or parties directly involved in comment date. Anyone filing a motion comment date, it is not necessary to the protest. to intervene or protest must serve a copy serve motions to intervene or protests Persons who wish to comment only of that document on the Applicant and on persons other than the Applicant. on the environmental review of this all the parties in this proceeding. The Commission encourages project should submit an original and The Commission encourages electronic submission of protests and two copies of their comments to the electronic submission of protests and interventions in lieu of paper using the Secretary of the Commission. interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Environmental commenters will be ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically placed on the Commission’s Persons unable to file electronically should submit an original and 14 copies environmental mailing list, will receive should submit an original and 14 copies of the protest or intervention to the copies of the environmental documents, of the protest or intervention to the Federal Energy Regulatory Commission, and will be notified of meetings Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC associated with the Commission’s 888 First Street, NE., Washington, DC 20426. environmental review process. 20426. This filing is accessible on-line at Environmental commenters will not be This filing is accessible on-line at http://www.ferc.gov, using the required to serve copies of filed http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for documents on all other parties. ‘‘eLibrary’’ link and is available for review in the Commission’s Public However, the non-party commenters review in the Commission’s Public Reference Room in Washington, DC. will not receive copies of all documents Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the filed by other parties or issued by the There is an ‘‘eSubscription’’ link on the web site that enables subscribers to Commission (except for the mailing of Web site that enables subscribers to receive email notification when a environmental documents issued by the receive e-mail notification when a document is added to a subscribed Commission) and will not have the right document is added to a subscribed docket(s). For assistance with any FERC to seek court review of the docket(s). For assistance with any FERC Online service, please email Commission’s final order. Online service, please e-mail [email protected], or call Comments, protests and interventions [email protected], or call (866) 208–3676 (toll free). For TTY, call may be filed electronically via the (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Internet in lieu of paper. See, 18 CFR (202) 502–8659. Comment Date: 5 p.m. Eastern Time 385.2001(a) (1) (iii) and the instructions Comment Date: 5 p.m. Eastern Time on April 17, 2008. on the Commission’s Web site under the on April 7, 2008. Kimberly D. Bose, ‘‘e-Filing’’ link. Kimberly D. Bose, Comment Date: April 17, 2008. Secretary. Secretary. [FR Doc. E8–6858 Filed 4–2–08; 8:45 am] Kimberly D. Bose, [FR Doc. E8–6860 Filed 4–2–08; 8:45 am] BILLING CODE 6717–01–P Secretary. BILLING CODE 6717–01–P [FR Doc. E8–6859 Filed 4–2–08; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Federal Energy Regulatory DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Commission [Docket No. ER08–451–000] Federal Energy Regulatory [Docket No. ER97–4335–008] Commission Plum Point Energy Associates, LLC; [Docket No. ER07–1105–004] GEN∼SYS Energy; Notice of Filing Notice of Issuance of Order
Cedar Creek Wind Energy, LLC; Notice March 27, 2008. March 27, 2008. of Filing Take notice that on July 24, 2006, Plum Point Energy Associates, LLC GEN∼SYS Energy filed a letter notifying (Plum Point) filed an application for March 27, 2008. the Commission that pursuant to market-based rate authority, with an Take notice that on March 24, 2008, amendments of Section 201(f) of the accompanying tariff. The proposed Cedar Creek Wind Energy, LLC, filed an Federal Power Act, 16 U.S.C. 824(f), in market-based rate tariff provides for the amendment to its February 5, 2008, the Energy Policy Act of 2005, it ceased sale of energy, capacity and ancillary notice of non-material change in status to be a ‘‘public utility’’ as of August 8, services at market-based rates. Plum in accordance to the Commission’s 2005. Point also requested waivers of various March 7, 2008, request. Any person desiring to intervene or to Commission regulations. In particular, Any person desiring to intervene or to protest this filing must file in Plum Point requested that the protest this filing must file in accordance with Rules 211 and 214 of Commission grant blanket approval accordance with Rules 211 and 214 of the Commission’s Rules of Practice and under 18 CFR Part 34 of all future the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). issuances of securities and assumptions Procedure (18 CFR 385.211, 385.214). Protests will be considered by the of liability by Plum Point. Protests will be considered by the Commission in determining the On March 6, 2008, pursuant to Commission in determining the appropriate action to be taken, but will delegated authority, the Director, appropriate action to be taken, but will not serve to make protestants parties to Division of Tariffs and Market not serve to make protestants parties to the proceeding. Any person wishing to Development-West, granted the request the proceeding. Any person wishing to become a party must file a notice of for blanket approval under Part 34 become a party must file a notice of intervention or motion to intervene, as (Director’s Order). The Director’s Order intervention or motion to intervene, as appropriate. Such notices, motions, or also stated that the Commission would appropriate. Such notices, motions, or protests must be filed on or before the publish a separate notice in the Federal protests must be filed on or before the comment date. On or before the Register establishing a period of time for
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the filing of protests. Accordingly, any DEPARTMENT OF ENERGY approvals of Wells Fargo’s issuance of person desiring to be heard concerning securities or assumptions of liability. the blanket approvals of issuances of Federal Energy Regulatory Copies of the full text of the Director’s securities or assumptions of liability by Commission Order are available from the Plum Point, should file a protest with [Docket Nos. ER08–354–000; ER08–354– Commission’s Public Reference Room, the Federal Energy Regulatory 001; ER08–354–002] 888 First Street, NE., Washington, DC Commission, 888 First Street, NE., 20426. The Order may also be viewed Washington, DC 20426, in accordance Wells Fargo Energy Markets, LLC; on the Commission’s Web site at http:// with Rules 211 and 214 of the Notice of Issuance of Order www.ferc.gov, using the eLibrary link. Commission’s Rules of Practice and March 27, 2008. Enter the docket number excluding the Procedure. 18 CFR 385.211, 385.214 Wells Fargo Energy Markets, LLC last three digits in the docket number (2007). The Commission encourages the (Wells Fargo), filed an application for filed to access the document. electronic submission of protests using market-based rate authority, with an Comments, protests, and interventions the FERC Online link at http:// accompanying tariff. The proposed may be filed electronically via the www.ferc.gov. market-based rate tariff provides for the Internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions Notice is hereby given that the sale of energy, capacity and ancillary services at market-based rates. Wells on the Commission’s Web site under the deadline for filing protests is April 7, ‘‘e-Filing’’ link. The Commission 2008. Fargo also requested waivers of various Commission regulations. In particular, strongly encourages electronic filings. Absent a request to be heard in Wells Fargo requested that the Kimberly D. Bose, opposition to such blanket approvals by Commission grant blanket approval Secretary. the deadline above, Plum Point is under 18 CFR Part 34 of all future [FR Doc. E8–6861 Filed 4–2–08; 8:45 am] authorized to issue securities and issuances of securities and assumptions BILLING CODE 6717–01–P assume obligations or liabilities as a of liability by Wells Fargo. guarantor, indorser, surety, or otherwise On March 6, 2008, pursuant to in respect of any security of another delegated authority, the Director, DEPARTMENT OF ENERGY person; provided that such issuance or Division of Tariffs and Market assumption is for some lawful object Development—West, granted the Federal Energy Regulatory within the corporate purposes of Plum request for blanket approval under Part Commission Point, compatible with the public 34 (Director’s Order). The Director’s interest, and is reasonably necessary or Order also stated that the Commission [Docket No. AD08–2–000] appropriate for such purposes. would publish a separate notice in the Federal Register establishing a period of Order on Technical Conference The Commission reserves the right to time for the filing of protests. require a further showing that neither Accordingly, any person desiring to be Issued March 20, 2008. public nor private interests will be heard concerning the blanket approvals AGENCY: Federal Energy Regulatory adversely affected by continued of issuances of securities or assumptions Commission. approvals of Plum Point’s issuance of of liability by Wells Fargo, should file ACTION: Order on Technical Conference. securities or assumptions of liability. a protest with the Federal Energy Copies of the full text of the Director’s Regulatory Commission, 888 First SUMMARY: On December 11, 2008, the Order are available from the Street, NE., Washington, DC 20426, in Federal Energy Regulatory Commission Commission’s Public Reference Room, accordance with Rules 211 and 214 of convened a technical conference on 888 First Street, NE., Washington, DC the Commission’s Rules of Practice and interconnection queuing practices. This 20426. The Order may also be viewed Procedure. 18 CFR 385.211, 385.214 order follows up that technical on the Commission’s Web site at (2007). The Commission encourages the conference and directs Regional http://www.ferc.gov, using the eLibrary electronic submission of protests using Transmission Organizations and link. Enter the docket number excluding the FERC Online link at http:// Independent System Operators to file www.ferc.gov. reports on the status of their efforts to the last three digits in the docket Notice is hereby given that the number filed to access the document. improve the processing of their deadline for filing protests is April 7, interconnection queues. Comments, protests, and interventions 2008. DATES: may be filed electronically via the Absent a request to be heard in Reports are due April 21, 2008. Internet in lieu of paper. See, 18 CFR opposition to such blanket approvals by FOR FURTHER INFORMATION CONTACT: 385.2001(a)(1)(iii) and the instructions the deadline above, Wells Fargo is Mary C. Morton, Federal Energy on the Commission’s Web site under the authorized to issue securities and Regulatory Commission, 888 First ‘‘e-Filing’’ link. The Commission assume obligations or liabilities as a Street, NE., Washington, DC 20426, strongly encourages electronic filings. guarantor, indorser, surety, or otherwise (202) 502–8040. in respect of any security of another Michael G. Henry (Legal Information), Kimberly D. Bose, person; provided that such issuance or Secretary. Federal Energy Regulatory assumption is for some lawful object Commission, 888 First Street, NE., [FR Doc. E8–6862 Filed 4–2–08; 8:45 am] within the corporate purposes of Wells Washington, DC 20426, (202) 502– BILLING CODE 6717–01–P Fargo, compatible with the public 8532. interest, and is reasonably necessary or appropriate for such purposes. SUPPLEMENTARY INFORMATION: The Commission reserves the right to Before Commissioners: Joseph T. Kelliher, require a further showing that neither Chairman; Suedeen G. Kelly, Marc Spitzer, public nor private interests will be Philip D. Moeller, and Jon Wellinghoff. adversely affected by continued
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Order on Technical Conference processing their interconnection queues resources from being available in new 1. This order follows up on our with the timeliness envisioned in Order capacity markets auctions. December 11, 2007, technical No. 2003, in certain cases greatly 6. The Commission believes that over conference (Technical Conference) on exceeding the timelines in their tariffs. the long term, the improved Surges in the volume of new generation transmission planning required under interconnection queuing practices. In 5 this order, we direct the Regional development are taxing the current Order No. 890 will address some of the Transmission Organizations (RTOs) and queue management approach in some causes of the current interconnection Independent System Operators (ISOs) to regions. Additionally, the queue problems. In particular, the file reports on the status of their efforts unprecedented demand in some regions planning reforms adopted by Order No. to improve the processing of their for new types of generation, principally 890 should increase the transparency of interconnection queues. We also renewable generation, places further planning information to all customers, provide guidance to assist the RTOs and stress on queue management because increase coordination among ISOs and their stakeholders in those such generation technologies can, for transmission owners in each region, and efforts. example, be brought online more otherwise result in a more robust quickly than traditional generation. transmission system. These Background Finally, some regions have capacity improvements, in turn, should enable 2. The Commission issued Order No. markets that did not exist when the developers to make fewer, more tailored 2003 to standardize the agreements and current queue management approach interconnection requests and make it procedures related to the was developed and are struggling with easier to interconnect with the interconnection of large generating how to manage their queues to transmission system. However, while facilities.1 We found that ‘‘[a] standard accommodate those new markets. the efforts currently under way to set of procedures as part of the [Open comply with Order No. 890 hold Discussion Access Transmission Tariff] for all promise for the long-term processing of jurisdictional transmission facilities will 4. The Commission is concerned interconnection queues, we cannot minimize opportunities for undue about delays in processing afford to wait until those efforts are discrimination and expedite the interconnection queues. Although we completed to address the queue development of new generation, while are concerned about delays in all management problem. 7. We note in particular the comments protecting reliability and ensuring that regions, the Technical Conference of the ISO/RTO Council on the scope rates are just and reasonable.’’ 2 Key to revealed that the delays are particularly and nature of the interconnection queue balancing these goals was queue significant in RTOs and ISOs that are problems facing ISOs and RTOs. management procedures, including attracting significant new entry. Many of According to the ISO/RTO Council, the timelines that Transmission Providers 3 the factors identified at the Technical queue backlog has increased in many of must use reasonable efforts to meet. Conference as contributing to delays are the ISOs and RTOs because of the 3. In response to concerns about the present for all Transmission Providers, significant new entry that is occurring. effectiveness of queue management, the independent and non-independent The ISO/RTO Council states that Commission held the Technical alike. For example, the need for restudy Conference. The Commission also prompt action is necessary to address when multiple projects withdraw from these problems; however, the Council issued a notice afterward inviting a queue and the complexity of designing urges that the Commission allow each comments.4 The speakers at the interconnections within a system with region to develop solutions that are Technical Conference and the written limited excess transmission capacity are tailored to its specific circumstances comments confirm that some not confined to RTOs and ISOs. All and contends that stakeholder processes Transmission Providers are not Transmission Providers should be to discuss reforms are already underway evaluating whether changes are needed 1 in several regions. Standardization of Generator Interconnection to their queue management practices to 8. While the Commission could take Agreements and Procedures, Order No. 2003, FERC ensure the expediency called for by Stats. & Regs. ¶ 31,146 (2003), order on reh’g, Order action to impose solutions, and may No. 2003–A, FERC Stats. & Regs. ¶ 31,160, order on Order No. 2003. However, given the need to do so if the RTOs and ISOs do reh’g, Order No. 2003–B, FERC Stats. & Regs. greater interest of new generation not act themselves, we agree that we ¶ 31,171 (2004), order on reh’g, Order No. 2003–C, entrants in gaining access to RTO and should allow each region the FERC Stats. & Regs. ¶ 31,190 (2005), aff’d sub nom. ISO markets compared to other markets, Nat’l Ass’n of Regulatory Util. Comm’rs v. FERC, opportunity to propose its own solution. 475 F.3d 1277 (D.C. Cir. 2007), cert. denied, 76 the magnitude of the backlogs in RTO- Although there are some common issues U.S.L.W. 3454 (Feb. 25, 2008). See also and ISO-managed queues is particularly affecting all the regions, there are also Standardization of Small Generator Interconnection significant. Agreements and Procedures, Order No. 2006, FERC significant differences in the nature and Stats. & Regs. ¶ 31,180, order on reh’g, Order No. 5. These backlogs not only deprive scope of the problem from region to 2006–A, FERC Stats. & Regs. ¶ 31,196 (2005), order generation developers of needed region; there may, therefore, be no one granting clarification, Order No. 2006–B, FERC business certainty, they also undermine right answer for how to improve queue Stats. & Regs. ¶ 31,221 (2006), appeal pending sub other important public goals. As nom. Consol. Edison Co. of N.Y., Inc. v. FERC, Nos. management. Further, any solution 06–1275 (DC Cir. filed July 14, 2006 and later); detailed by speakers at the Technical involves a balancing of interests. Interconnection for Wind Energy, Order No. 661, Conference, delays in interconnecting Therefore, we urge the RTOs and ISOs FERC Stats. & Regs. ¶ 31,186 (2005), order on reh’g, renewable generation in the footprints to work with their stakeholders to Order No. 661–A, FERC Stats. & Regs. ¶ 31,198 of the Midwest Independent (2005). develop consensus proposals. 2 Order No. 2003, FERC Stats. & Regs. ¶ 31,146 at Transmission System Operator, Inc. and 9. While each of the RTOs and ISOs P 11. the California Independent System represented at the conference indicated 3 ‘‘Transmission Provider’’ is a defined term Operator Corporation are creating under Order No. 2003. See Standard Large additional challenges in meeting state 5 Preventing Undue Discrimination and Generator Interconnection Procedures (‘‘pro forma renewable portfolio standards. In the Preference in Transmission Service, Order No. 890, LGIP’’) § 1. 72 FR 12,266 (Mar. 15, 2007), FERC Stats. & Regs. 4 Notice Inviting Comments, Interconnection ISO New England Inc. and PJM ¶ 31,241 (2007), order on reh’g, Order No. 890–A, Queuing Practices, Docket Nos. AD08–2–000, et al. Interconnection, LLC regions, queue 73 FR 2984 (Jan. 16, 2008), FERC Stats. & Regs. ¶ 31, (Dec. 17, 2007). delays could prevent least cost 261 (2007).
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that it was evaluating its queue 12. With regard to reforms applicable interconnection-related study process management, the RTOs and ISOs and to future and early-stage existing may be the only reliable vehicle a their stakeholders must proceed more interconnection requests, we note that customer has to evaluate the merits of quickly, and the Commission intends to Order No. 2003 authorizes a number of different interconnection points and monitor their efforts. Thus, we direct options to streamline the configurations. Thus, it is critical that each RTO and ISO to file a status report interconnection process. For example, reforms applicable to future and early- with the Commission within 30 days of Order No. 2003 already allows for the stage existing interconnection requests the date of this order.6 The report must feasibility study to be combined with provide customers with enough describe the current size of the RTO’s or the system impact study at the request flexibility and information to respond to ISO’s interconnection queue (i.e., of the customer.7 Order No. 2003 business uncertainties. At the same number of pending interconnection permits Transmission Providers who time, the Commission realizes that the requests and total megawatts perform system impact studies on a actions of one party in the queue can represented by those requests), the clustered basis to allocate the cost of affect the interests of other parties in the current projected timeframes for common upgrades to members of a queue. Thus, there needs to be a way to processing pending interconnection cluster without regard to queue prioritize the processing of requests on requests, and the nature and extent of position.8 Further, Order No. 2003 a fair basis and to ensure that the any problems that have led to any such authorizes the use of third party flexibility for individual generators does queue backlogs, including a discussion consultants to conduct interconnection not undermine the certainty and speed of how clustering has or has not studies.9 When considering tariff needed for the queue as a whole. alleviated those problems. The report changes applicable to future and early- 15. Order No. 2003 struck a balance must also explain the status of stage existing interconnection requests, by establishing that material stakeholder discussions on queue the RTOs and ISOs should first consider modifications to an interconnection reform and provide a schedule for whether their current tariffs use all of request will result in loss of queue selecting and implementing any the streamlining options already position, while allowing a customer to necessary reforms, including a target explicitly sanctioned under Order No. make multiple interconnection requests date for filing any necessary tariff 2003. for the same basic project, if it makes a amendments or waivers. To assist 13. If an RTO or ISO concludes that relatively modest demonstration that it stakeholders in their deliberations, we the options already identified in Order is serious about the project. These offer the guidance set forth below. No. 2003 are inadequate to address its requests are then processed and queue problems, it may consider 10. The reforms that can be allocated costs on a first-come, first- proposing variations from Order No. implemented most quickly from a served basis.11 While this approach 2003. Because RTOs and ISOs do not regulatory standpoint are those that do made good sense at the time Order No. own generation and thus do not have an not require any revisions to an RTO’s or 2003 was issued and still works well in incentive to unduly discriminate, ISO’s current tariff. For example, no many situations, it has led to some variations sought by an RTO or ISO are unexpected consequences, particularly Commission filings are needed to reviewed under the ‘‘independent entity increase the staff available to work on in transmission systems with numerous variation standard.’’ This standard interconnection customers and limited interconnection studies or adopt more allows independent Transmission efficient modeling for feasibility studies excess transmission capacity. In markets Providers flexibility in designing their with numerous interconnection or system impact studies. Similarly, interconnection procedures to customers, many of those customers each of the RTO and ISO tariffs already accommodate regional needs.10 may be competing for the same load, provide an option for performing a 14. The Commission recognizes that single system impact study for a cluster the business of developing generation is and not all will be needed. Further, in of interconnection requests, so no very dynamic and requires the systems with limited excess further Commission filings would be coordination of a whole host of factors transmission capacity, the first-come, necessary to take full advantage of the beyond interconnection, many of which first-served approach to cost allocation existing flexibility to cluster. Therefore, are outside the full control of the can result in great disparities between we urge the RTOs and ISOs when developer. In the absence of alternative the costs faced by the customer whose evaluating ways to improve their queue sources of information about available request happens to trigger the need for processing first to consider whether transmission capacity, the a network upgrade as opposed to those they have taken all effective steps under in lower queue positions. Moreover, the their current tariffs. 7 Pro forma LGIP § 6.1. relatively small deposit amounts, 11. While there likely are reforms that 8 Id. § 4.2. coupled with the incentives produced can be implemented without the need 9 Id. § 13.4. by a first-come, first-served approach to for Commission filings, more may need 10 Order No. 2003 at P 822–27; Order No. 2003– allocating capacity, provides an A at P 759. An RTO or ISO proposing a variation incentive for developers to secure a to be done. Reforms necessitating tariff must demonstrate that the variation is just and changes come in two forms: (1) Reforms reasonable and not unduly discriminatory, and place in the queue even for projects that that apply to future interconnection would accomplish the purposes of Order No. 2003. may not be commercially viable. These requests as well as existing See, e.g., PJM Interconnection, LLC., 108 FERC and other factors can result in large ¶ 61,025, at P 7 (2004) (‘‘[W]hen an RTO is the filing numbers of interconnection requests interconnection requests that are still at entity, the Commission will review the proposed an early stage in the interconnection variations to ensure that they do not provide an being ultimately withdrawn, which in process; and (2) reforms that affect unwarranted opportunity for undue discrimination turn slows down the process by existing interconnection requests that or produce an interconnection process that is unjust necessitating more study and restudy. and unreasonable.’’), order denying reh’g, 110 FERC While the Commission is open to are in later stages of the process. The ¶ 61,099 (2005); and Midwest Indep. Transmission issues raised by these two classes of Sys. Operator, Inc., 117 FERC ¶ 61,128 (2006), order reforms may well differ. on reh’g, 119 FERC ¶ 61,097, at P 7 (2007) (rejecting 11 As noted above, Order No. 2003 did allow for a proposed pricing variation because the RTO ‘‘had some flexibility in the first-come, first-served not shown that the proposal would accomplish the approach where a Transmission Provider performs 6 The reports will be noticed and subject to public purposes Order No. 2003 set forth as possible a single system impact study for a cluster of comment. justifications for this type of pricing’’). interconnection requests.
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considering a range of possible mechanisms through which customers reformed process may be speculative, variations from Order No. 2003 with can gather the information necessary to including as to ultimate timing and cost regard to future and early-stage existing more narrowly tailor their allocation. In those cases, we would interconnection requests, we believe interconnection requests toward a final expect proponents of reform to have an that there are three types of variations acceptable configuration. easier time justifying such reform.14 that, individually or in combination, 18. Third, there may be approaches to Whether and how a particular reform hold particular promise for speeding up prioritizing queue processing that should apply to a late-stage request will queue processing while remaining provide protection against depend on the specific facts. The faithful to the goals of Order No. 2003. discrimination comparable to the first- Commission is open to considering such 16. First, it may be appropriate to come, first-served approach, but that are reforms. Further, while such reforms do increase the requirements for getting more efficient. For example, there may pose more difficult issues than reforms and keeping a queue position. For be merit in a first-ready, first-served applicable to future and early-stage example, it may be appropriate to approach, whereby customers who existing requests, the Commission increase the amount of the deposits demonstrate the greatest ability to move recognizes that they may be necessary in required at the different stages of the forward with project development are order to resolve current backlogs. process to more accurately reflect the processed first. Further, the Commission The Commission orders: cost of the necessary studies. Such a is open to considering methods of The RTOs and ISOs are hereby change would not only be consistent clustering other than that provided in directed to file reports as discussed in with traditional ratemaking principles, Order No. 2003. Order No. 2003’s the body of this order within 30 days of but would also increase the likelihood approach to clustering is fundamentally the date of this order. that only projects that are likely to be based on a first-come, first-served By the Commission. commercially viable (and hence willing paradigm, as clusters are limited to to commit to the cost of such studies in requests filed within the same time Nathaniel J. Davis, Sr., advance) are in the queue. Such a frame, not to exceed 180 days.12 Deputy Secretary. change also would likely reduce the Clustering that takes into account [FR Doc. E8–6606 Filed 4–2–08; 8:45 am] number of multiple interconnection factors other than proximity of filing BILLING CODE 6717–01–P requests made by the same customer for date may allow for more efficient the purpose of speculating on the cost studies and we are open to reviewing impacts of different locations. However, such proposals. DEPARTMENT OF ENERGY as discussed above, multiple requests 19. We note that reforms that would for a single project can result from a affect existing interconnection requests Federal Energy Regulatory legitimate desire to evaluate the merits that are in later stages of the process Commission of different interconnection points and create special circumstances that require [Docket No. ER08–685–000] configurations without having to go to careful consideration. Unlike reforms the back of the queue. Therefore, the applicable to future and early-stage TransCanada Maine Wind more stringent the requirements, the existing interconnection requests, any Development Inc.; Notice of Filing more important it is to ensure that such reforms could significantly disrupt March 27, 2008. customers have access to alternative the activities of customers who may sources of reliable information about have taken action in reliance upon the Take notice that on March 17, 2008, available transmission capacity to help existing process. Reforms of this sort TransCanada Maine Wind Development them tailor their interconnection could take the form of a filing to make Inc submitted for filing an application requests more narrowly toward a single generic revisions to the tariff, filings to for authorization to make wholesale acceptable interconnection modify individual interconnection- sales of energy and capacity at configuration. Further, the RTOs and related agreements, or a request for a negotiated, market-based rates. ISOs should address the impact of any one-time waiver of the tariff.13 These Any person desiring to intervene or to increases in the requirements on smaller reforms could change both the timing protest this filing must file in customers or any other class of and the cost allocation for a customer. accordance with Rules 211 and 214 of interconnection customers. Some customers may experience an the Commission’s Rules of Practice and 17. Second, elimination of the overall benefit from a particular reform, Procedure (18 CFR 385.211, 385.214). feasibility study as a separate step could while others may be disadvantaged by a Protests will be considered by the reduce processing time without harming reform. In still other cases, perhaps the Commission in determining the interconnection customers. Under Order majority, the difference between appropriate action to be taken, but will No. 2003, the feasibility study is continued processing under the existing not serve to make protestants parties to intended, in part, to provide tariff provisions and processing under a the proceeding. Any person wishing to preliminary information to assist become a party must file a notice of developers in deciding whether it is 12 See pro forma LGIP § 4.2. But see id. § 4.1 intervention or motion to intervene, as even worth their while to pursue more (allowing allocation of cost of common upgrades for appropriate. Such notices, motions, or detailed interconnection studies. clustered interconnection requests without regard protests must be filed on or before the to queue position). comment date. On or before the Elimination of a separate feasibility 13 See, e.g., Midwest Indep. Transmission Sys. study could streamline the study Operator, Inc., 117 FERC ¶ 61,128 (2006), order on comment date, it is not necessary to process and could reduce reh’g, 119 FERC ¶ 61,097 (2007) (rejecting as serve motions to intervene or protests interconnection requests by screening unsupported proposed tariff amendments on persons other than the Applicant. applicable to existing interconnection agreements The Commission encourages out those customers who are not willing but without prejudice to future filings to revise to pay the higher deposit required for a individual interconnection agreements); and Cal. electronic submission of protests and system impact study. However, Indep. Sys. Operator Corp., 118 FERC ¶ 61,226, elimination of a feasibility study phase, order on clarification, 120 FERC ¶ 61,180 (2007) 14 See, e.g., New York Indep. Sys. Operator, Inc., (granting one-time waiver of procedures for 114 FERC ¶ 61,207 (2006) (granting one-time waiver like increased requirements to obtain conducting clustered system impact studies despite of interconnection procedure noting that protestor’s and retain a queue position, creates a application to protestor who had already undergone claim that it would incur higher costs due to greater need to develop alternative a system impact study). potential loss of its queue position was speculative).
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interventions in lieu of paper using the ADDRESSES: The meeting will be held at FEDERAL ACCOUNTING STANDARDS ‘‘eFiling’’ link at http://www.ferc.gov. the Doubletree Hotel Crystal City- ADVISORY BOARD Persons unable to file electronically National Airport, 300 Army Navy Drive, should submit an original and 14 copies Arlington, VA 22202–2891. Phone 703– Notice of Concepts Statement of the protest or intervention to the 416–4100. The hotel is located three Exposure Draft Distinguishing Basic Federal Energy Regulatory Commission, blocks from the Pentagon City Metro Information, Required Supplementary 888 First Street, NE., Washington, DC station, and shuttle buses are available Information, and Other Accompanying 20426. to and from both the Metro station and Information and Scheduled Meeting Dates for 2009 This filing is accessible on-line at Washington Reagan National Airport. http://www.ferc.gov, using the Board Action: Pursuant to 31 U.S.C. ‘‘eLibrary’’ link and is available for FOR FURTHER INFORMATION CONTACT: 3511(d), the Federal Advisory review in the Commission’s Public For technical information: John Guy, Committee Act (Pub. L. 92–463), as Reference Room in Washington, DC. Designated Federal Officer, amended, and the FASAB Rules of There is an ‘‘eSubscription’’ link on the Transportation and Regional Programs Procedure, as amended in April, 2004, Web site that enables subscribers to Division, Mailcode 6405J, U.S. EPA, notice is hereby given that the Federal receive e-mail notification when a 1200 Pennsylvania Ave., NW., Accounting Standards Advisory Board document is added to a subscribed Washington, DC 20460; Ph: 202–343– (FASAB) has issued a Concepts docket(s). For assistance with any FERC 9276; e-mail: [email protected]. Statement Exposure Draft, Online service, please e-mail Distinguishing Basic Information, [email protected], or call For logistical and administrative Required Supplementary Information, (866) 208–3676 (toll free). For TTY, call information: Ms. Cheryl Jackson, U.S. and Other Accompanying Information. (202) 502–8659. EPA, Transportation and Regional The Concepts Statement Exposure Comment Date: 5 p.m. Eastern Time Programs Division, Mailcode 6405J, U.S. Draft proposes amendments to on April 7, 2008. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 202–343–4653; Statement of Federal Financial Kimberly D. Bose, e-mail: [email protected]. Accounting Concepts 2, Entity and Secretary. Display, to provide conceptual guidance [FR Doc. E8–6863 Filed 4–2–08; 8:45 am] Background on the work of the for determining how information in Subcommittee is available at: http:// BILLING CODE 6717–01–P financial reports should be categorized. www.epa.gov/air/caaac/ The Concepts Statement Exposure Draft mobile_sources.html. Individuals or is available on the FASAB home page organizations wishing to provide http://www.fasab.gov/exposure.html. ENVIRONMENTAL PROTECTION comments to the Subcommittee should Copies can be obtained by contacting AGENCY submit them to Mr. Guy at the address FASAB at (202) 512–7350. Respondents [FRL–8550–7] above by April 24, 2008. The are encouraged to comment on any part Subcommittee expects that public of the exposure draft. Written comments Meeting of the Mobile Sources statements presented at its meetings will are requested by June 26th, 2008, and Technical Review Subcommittee not be repetitive of previously should be sent to: Wendy M. Payne, Executive Director, Federal Accounting AGENCY: submitted oral or written statements. Environmental Protection Standards Advisory Board, 441 G Street, Agency (EPA). SUPPLEMENTARY INFORMATION: During the NW., Suite 6814, Mail Stop 6K17V, ACTION: Notice of meeting. meeting, the Subcommittee may also Washington, DC 20548. hear progress reports from some of its Notice is also given that the FASAB SUMMARY: Pursuant to the Federal workgroups as well as updates and will meet on the following dates in Advisory Committee Act, Public Law announcements on activities of general room 7C13 of the U.S. Government 92–463, notice is hereby given that the interest to attendees. Accountability Office (GAO) Building Mobile Sources Technical Review (441 G Street, NW.) unless otherwise Subcommittee (MSTRS) will meet in For Individuals With Disabilities: For noted: May 2008. The MSTRS is a information on access or services for subcommittee under the Clean Air Act individuals with disabilities, please —Wednesday and Thursday, February Advisory Committee. This is an open contact Mr. Guy or Ms. Jackson (see 25 and 26, 2009. meeting. The meeting will include above). To request accommodation of a —Wednesday and Thursday, April 22 discussion of current topics and disability, please contact Mr. Guy or Ms. and 23, 2009. presentations about activities being Jackson, preferably at least 10 days prior —Wednesday and Thursday, June 17 conducted by EPA’s Office of to the meeting, to give EPA as much and 18, 2009. Transportation and Air Quality. The time as possible to process your request. —Wednesday and Thursday, August 26 preliminary agenda for the meeting and and 27, 2009. Dated: March 28, 2008. any notices about change in venue will —Wednesday and Thursday, October 21 be posted on the Subcommittee’s Web Margo Tsirigotis Oge, and 22, 2009. site: http://www.epa.gov/air/caaac/ Director, Office of Transportation and Air —Wednesday and Thursday, December mobile_sources.html. MSTRS listserver Quality. 16 and 17, 2009. subscribers will receive notification [FR Doc. E8–6916 Filed 4–2–08; 8:45 am] The purposes of the meetings are to when the agenda is available on the BILLING CODE 6560–50–P discuss issues related to: Subcommittee Web site. To subscribe to —FASAB’s conceptual framework. the MSTRS listserver, send a blank e- —Stewardship Reporting. mail to [email protected]. —Social Insurance. DATES: Thursday, May 8, 2008 from 9 —Natural Resources. a.m. to 5 p.m. Registration begins at 8:30 —Technical Agenda. a.m. —Any other topics as needed.
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A more detailed agenda can be DATES: Written PRA comments should volume as one of the key inputs obtained from the FASAB Web site be submitted on or before June 2, 2008. required to establish per-payphone (http://www.fasab.gov) one week prior If you anticipate that you will be monthly compensation. to each meeting. submitting comments, but find it Federal Communications Commission. Any interested person may attend the difficult to do so within the period of William F Caton, meetings as an observer. Board time allowed by this notice, you should Deputy Secretary. discussion and reviews are open to the advise the contact listed below as soon public. GAO Building Security requires as possible. [FR Doc. E8–6663 Filed 4–2–08; 8:45 am] BILLING CODE 6712–01–P advance notice of your attendance. ADDRESSES: You may submit all PRA Please notify FASAB of your planned comments by e-mail or U.S. mail. To attendance by calling 202–512–7350 at submit your comments by e-mail, send FEDERAL COMMUNICATIONS least one day prior to the respective them to [email protected]. To submit your COMMISSION meeting. comments by U.S. mail, send them to FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Federal Notice of Public Information Wendy Payne, Executive Director, 441 G Communications Commission, Room 1– Collection(s) Being Reviewed by the Street, NW., Washington, DC 20548, or C216, 445 12th Street, SW., Washington, Federal Communications Commission call (202) 512–7350. DC 20554, or via the Internet to for Extension Under Delegated [email protected]. Authority: Federal Advisory Committee Authority, Comments Requested FOR FURTHER INFORMATION CONTACT: Act, Pub. L. 92–463. For March 27, 2008. additional information about the Dated: March 29, 2008. SUMMARY: The Federal Communications information collection(s), contact Leslie Charles Jackson, Commission, as part of its continuing F. Smith via the Internet at [email protected] effort to reduce paperwork burden Federal Register Liaison Officer. or call (202) 418–0217. [FR Doc. E8–6809 Filed 4–2–08; 8:45 am] invites the general public and other SUPPLEMENTARY INFORMATION: BILLING CODE 1610–01–M Federal agencies to take this OMB Control Number: 3060–1083. opportunity to comment on the Title: Request to Update Default following information collection(s), as Compensation Rate for Dial-Around required by the Paperwork Reduction FEDERAL COMMUNICATIONS Calls From Payphones, WC Docket No. Act of 1995, 44 U.S.C. 3501–3520. An COMMISSION 03–225. agency may not conduct or sponsor a Form Number: N/A. collection of information unless it Notice of Public Information Type of Review: Extension of a displays a currently valid control Collection(s) Being Reviewed by the currently approved collection. number. No person shall be subject to Federal Communications Commission Respondents: Business or other for any penalty for failing to comply with for Extension Under Delegated profit. a collection of information subject to the Authority, Comments Requested Number of Respondents and Paperwork Reduction Act (PRA) that Responses: 10 respondents; 10 does not display a valid control number. March 26, 2008. responses. Comments are requested concerning (a) SUMMARY: The Federal Communications Estimated Time per Response: 100 whether the proposed collection of Commission, as part of its continuing hours. effort to reduce paperwork burden, Obligation to Respond: Voluntary. information is necessary for the proper invites the general public and other Frequency of Response: One time performance of the functions of the Federal agencies to take this reporting requirement. Commission, including whether the opportunity to comment on the Total Annual Burden: 1,000 hours. information shall have practical utility; following information collection(s), as Annual Cost Burden: $53,000. (b) the accuracy of the Commission’s required by the Paperwork Reduction Privacy Act Impact Assessment: No burden estimate; (c) ways to enhance Act of 1995 (PRA), 44 U.S.C. 3501–3520. impacts. the quality, utility, and clarity of the An agency may not conduct or sponsor Nature of Extent of Confidentiality: information collected; and (d) ways to a collection of information unless it The Commission is not requesting that minimize the burden of the collection of displays a current valid control number. the respondents submit confidential information on the respondents, No person shall be subject to any information to the FCC. Respondents including the use of automated penalty for failing to comply with a may, however, request confidential collection techniques or other forms of collection of information subject to the treatment for information they believe to information technology. PRA that does not display a valid be confidential under 47 CFR 0.459 of DATES: Persons wishing to comment on control number. Comments are the Commission’s rules. this information collection should requested concerning: (a) Whether the Needs and Uses: Pursuant to Section submit comments June 2, 2008. If you proposed collection of information is 276(b)(1)(A) of the Act, the Commission anticipate that you will be submitting necessary for the proper performance of is required to ensure that all payphone comments, but find it difficult to do so the functions of the Commission, service providers are fairly within the period of time allowed by including whether the information shall compensated. In order to calculate fair this notice, you should advise the have practical utility; (b) the accuracy of compensation for the payphones that contact listed below as soon as possible. the Commission’s burden estimate; (c) are not supported by Flex ANI, the ADDRESSES: Direct all PRA comments to ways to enhance the quality, utility, and Commission must obtain monthly Nicholas A. Fraser, Office of clarity of the information collected; and payphone call volume data. Once the Management and Budget (OMB), (202) (d) ways to minimize the burden of the impacted entities (primarily the 395–5887, or via fax at 202–395–5167, collection of information on the Regional Bell Operating Companies and or via the Internet at respondents, including the use of the large interexchange companies) [email protected] and automated collection techniques or submit this data, the Commission will to [email protected], Federal other forms of information technology. calculate an average monthly call Communications Commission (FCC). To
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submit your comments by e-mail send Applicants for Experimental Radio Federal Communications Commission. them to: [email protected]. Services are required by 47 CFR 5.59(e) Marlene H. Dortch, To view a copy of this information of the Commission’s rules to submit Secretary. collection request (ICR) submitted to FCC Form 703 when they propose to [FR Doc. E8–6937 Filed 4–2–08; 8:45 am] OMB: (1) Go to the Web page http:// change the control of a corporation BILLING CODE 6712–01–P www.reginfo.gov/public/do/PRAMain, holding a station license via a transfer (2) look for the section of the Web page of stock ownership or control of a called ‘‘Currently Under Review’’, (3) station. The Commission uses the FEDERAL COMMUNICATIONS click the downward-pointing arrow in information to determine the eligibility COMMISSION the ‘‘Select Agency’’ box below the for licenses, without which, violations ‘‘Currently Under Review’’ heading, (4) of ownership regulations may occur. Notice of Public Information select ‘‘Federal Communications OMB Control No.: 3060–0068. Collection(s) Being Reviewed by the Commission’’ from the list of agencies Federal Communications Commission, Title: Application for Consent to presented in the ‘‘Select Agency’’ box, Comments Requested Assign an Experimental Authorization. (5) click the ‘‘Submit’’ button to the right of the ‘‘Select Agency’’ box and (6) Form No.: FCC Form 702. March 31, 2008. when the list of FCC ICRs currently Type of Review: Extension of a SUMMARY: As part of its continuing effort under review appears, look for the title currently approved collection. to reduce paperwork burden and as of this ICR (or its OMB Control Number, Respondents: Business or other for- required by the Paperwork Reduction if there is one) and then click on the ICR profit and not-for-profit institutions. Act (PRA) of 1995 (44 U.S.C. 3501– Reference Number to view detailed Number of Respondents: 10 3520), the Federal Communications information about this ICR. respondents; 10 responses. Commission invites the general public FOR FURTHER INFORMATION CONTACT: For and other Federal agencies to comment Estimated Time per Response: 36 on the following information additional information, send an e-mail minutes. to Judith B. Herman at 202–418–0214. collection(s). Comments are requested Frequency of Response: On occasion concerning (a) whether the proposed SUPPLEMENTARY INFORMATION: reporting requirement and third party collection of information is necessary OMB Control No.: 3060–0053. disclosure requirement. for the proper performance of the Title: Application for Consent to functions of the Commission, including Transfer Control of Corporation Holding Obligation to Respond: Required to whether the information shall have Stations License. obtain or retain benefits. Form No.: FCC Form 703. Total Annual Burden: 6 hours. practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways Type of Review: Extension of a Annual Cost Burden: $600. to enhance the quality, utility, and currently approved collection. Privacy Act Impact Assessment: N/A. Respondents: Business or other for- clarity of the information collected; and Nature and Extent of Confidentiality: profit, not-for-profit institutions and (d) ways to minimize the burden of the Applicants may request that information state, local or tribal government. collection of information on the be withheld from public inspection Number of Respondents: 40 respondents, including the use of pursuant to 47 CFR 0.459 of the respondents; 40 responses. automated collection techniques or Commission’s rules. The request must Estimated Time per Response: 36 other forms of information technology. be justified pursuant to 47 CFR 0.457. minutes. An agency may not conduct or sponsor Frequency of Response: On occasion Needs and Uses: This collection will a collection of information unless it reporting requirement and third party be submitted as an extension (no change displays a currently valid OMB control disclosure requirement. in reporting requirements) after this 60 number. No person shall be subject to Obligation to Respond: Required to day comment period to Office of any penalty for failing to comply with obtain or retain benefits. Management and Budget (OMB) in order a collection of information subject to the Total Annual Burden: 24 hours. to obtain the full three year clearance. Paperwork Reduction Act that does not Annual Cost Burden: $2,400. Mandatory electronic filing of display a valid OMB control number. Privacy Act Impact Assessment: N/A. applications for Experimental Radio DATES: Written PRA comments should Nature and Extent of Confidentiality: licenses, including FCC Form 702, be submitted on or before June 2, 2008. Applicants may request that information commenced on January 1, 2004. If you anticipate that you will be be withheld from public inspection Applicants for Experimental Radio submitting comments, but find it pursuant to 47 CFR 0.459 of the Services are required by 47 CFR 5.59(d) difficult to do so within the period of Commission’s rules. The request must of the Commission’s rules to submit time allowed by this notice, you should be justified pursuant to 47 CFR 0.457. FCC Form 702 when the legal right to advise the contact listed below as soon Needs and Uses: This collection will control the use and operation of a as possible. be submitted as an extension (no change station is to be transferred, as a result of ADDRESSES: in reporting or third party disclosure a voluntary act (contract or other You may submit all PRA requirements) after this 60 day comment agreement); of an involuntary act (death comments by e-mail or U.S. post mail. period to Office of Management and or legal disability) of the grantee of a To submit your comments by e-mail, Budget (OMB) in order to obtain the full station authorization; by involuntary send them to [email protected]. To submit three year clearance. However, the assignment of the physical property your comments by U.S. mail, mark them regulatory fee has increased to $60.00 constituting the station under a court to the attention of Cathy Williams, per application (a $5.00 increase since decree in bankruptcy proceedings or Federal Communications Commission, the last submission to the OMB). other court order; or by operation of law Room 1–C823, 445 12th Street, SW., Mandatory electronic filing of in any other manner. The regulatory fee Washington, DC 20554. applications for Experimental Radio has increased to $60.00 per application FOR FURTHER INFORMATION CONTACT: For licenses, including FCC Form 703, (an increase of $5.00 since the last additional information about the commenced on January 1, 2004. submission to the OMB). information collection(s), contact Cathy
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Williams at (202) 418–2918 or send an Congressional decision to establish a (f) 700 MHz Auction Winner e-mail to [email protected]. hard deadline of February 17, 2009, for Consumer Education Reporting (47 CFR SUPPLEMENTARY INFORMATION: the end of full-power analog 27.20). Winners of the 700 MHz OMB Control Number: 3060–1115. broadcasting has made consumer spectrum auction must report their Title: DTV Consumer Education awareness even more critical. consumer education efforts to the Initiative; Sections 15.124, 27.20, In this Order, the Commission Commission on a quarterly basis. These 54.418, 73.674, and 76.1630. imposes the following information and parties must file the first by the tenth Form Number: FCC Form 388. disclosure requirements: day of the first calendar quarter Type of Review: Extension of a (a) Broadcaster Education and following the initial grant of the license currently approved collection. Reporting (47 CFR 73.674). authorization that the entity holds. Respondents: Business or other for- (i) On-air Education. Broadcasters OMB Control Number: 3060–0214. profit entities; not-for-profit institutions, must provide on-air DTV Transition Title: Sections 73.3526 and 73.3527, State, local or tribal governments. consumer education information (e.g., Local Public Inspection Files; Sections Number of Respondent: 11,022 via Public Service Announcements 76.1701 and 73.1943, Political Files. respondents. (PSAs) or information crawls) to their Form Number: Not applicable. viewers. Broadcasters must comply with Estimated time per Response: 1 Type of Review: Extension of a one of three alternative sets of rules as minute–3 hours. currently approved collection. Frequency of Response: On occasion provided in the Report and Order. Respondents: Business or other for- reporting requirement; Quarterly (ii) DTV Consumer Education profit entities; Not for-profit reporting requirement; Monthly Quarterly Activity Report, FCC Form institutions. reporting requirement; Third party 388. Broadcasters must electronically disclosure requirement. file a report about its DTV Transition Number of Respondent: 52,285 Obligation to Respond: Required to consumer education efforts to the respondents. obtain benefits—Statutory authority for Commission on a quarterly basis. Estimated time per Response: 2.5–109 this collection of information is Broadcasters must begin filing these hours. contained in sections 4(i), 303(r), 335, quarterly reports no later than April 10, Frequency of Response: and 336 of the Communications Act of 2008. In addition, if the broadcaster has Recordkeeping requirement; Third party 1934, as amended, 47 U.S.C. 154(i), a public Web site, they must post these disclosure requirement. 303(r), 335, and 336. reports on that Web site. Obligation to Respond: Required to Total Annual Burden: 156,069 hours. (b) Multichannel Video Programming obtain benefits—Statutory authority for Total Annual Cost: None. Distributor (MVPD) Customer Bill this collection of information is Nature of Response: Required to Notices (47 CFR 76.1630). MVPDs, contained in sections 154(i), 303 and obtain or retain benefits. which include, for example (and are not 308 of the Communications Act of 1934, Confidentiality: No need for limited to), cable operators, direct as amended. confidentiality required. broadcast satellite (DBS) carriers, open Total Annual Burden: 1,831,706 Privacy Impact Assessment: No video system operators, and private hours. cable operators, must provide monthly impact(s). Total Annual Cost: None. Needs and Uses: The Commission notices about the DTV transition in their adopted on February 19, 2008, a Report customer billing statements. Nature of Response: Required to and Order, In the Matter DTV Consumer (c) Consumer Electronics obtain or retain benefits. Education Initiative, MB Docket 07–148, Manufacturer Notices (47 CFR 15.124). Confidentiality: No need for FCC 08–56. As the Nation transitions Parties that manufacture, import, or ship confidentiality required. from analog broadcast television service interstate television receivers and Privacy Impact Assessment: No to digital broadcast television service, devices designed to work with impact(s). the Commission has been committed to television receivers must provide notice Needs and Uses: The Commission working with representatives from to consumers of the transition’s impact adopted on February 19, 2008, a Report industry, public interest groups, and on that equipment. This information and Order, In the Matter DTV Consumer Congress to make the significant must be included with all devices Education Initiative, MB Docket 07–148, benefits of digital broadcasting available shipped, beginning on the effective date FCC 08–56. The Report and Order adds to the public. The digital transition will of these rules, until March 31, 2009. a new recordkeeping requirement for make valuable spectrum available for (d) DTV.gov Partner Consumer full-power commercial and both public safety uses and expanded Education Reporting. DTV.gov noncommercial educational TV wireless competition and innovation. By Transition Partners must report their broadcast stations (both analog and compressing television broadcasting consumer education efforts, as a digital) for the contents of their public into a smaller amount of the available condition of continuing Partner status. inspection files. Specifically, the rule spectrum, the digital transition has They must begin filing these quarterly requires these stations to retain in their allowed the Commission to make reports no later than April 10, 2008. public inspection file a copy of their valuable 700 MHz spectrum available (e) Eligible telecommunications DTV Consumer Education Quarterly for sale and use by wireless companies carriers (ETCs) Federal Universal Activity Report, FCC Form 388, on a and public safety organizations. The Service Low-Income Program quarterly basis. The Report for each transition will also provide consumers Participant Notices (47 CFR 54.418). quarter is to be placed in the public with better quality television picture ETCs that receive federal universal inspection file by the tenth day of the and sound, and make new services service funds must provide monthly succeeding calendar quarter. These available through multicasting. These notice of the transition to their low Reports shall be retained in the public innovations, however, are dependent income customers and potential inspection file for one year. upon widespread consumer customers. This information must be Broadcasters shall publicize in an understanding of the benefits and provided beginning on the effective date appropriate manner the existence and mechanics of the transition. The of these rules, until March 31, 2009. location of these Reports.
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Federal Communications Commission. industry, public interest groups, and must be included with all devices Marlene H. Dortch, Congress to make the significant shipped, beginning on the effective date Secretary. benefits of digital broadcasting available of these rules, until March 31, 2009. [FR Doc. E8–6938 Filed 4–2–08; 8:45 am] to the public. The digital transition will (d) DTV.gov Partner Consumer BILLING CODE 6712–01–P make valuable spectrum available for Education Reporting. DTV.gov both public safety uses and expanded Transition Partners must report their wireless competition and innovation. By consumer education efforts, as a FEDERAL COMMUNICATIONS compressing television broadcasting condition of continuing Partner status. COMMISSION into a smaller amount of the available They must begin filing these quarterly spectrum, the digital transition has reports no later than April 10, 2008. Notice of Public Information allowed the Commission to make (e) Eligible telecommunications Collection(s) Approved by the Office of valuable 700 MHz spectrum available carriers (ETCs) Federal Universal Management and Budget for sale and use by wireless companies Service Low-Income Program and public safety organizations. The Participant Notices (47 CFR 54.418). March 28, 2008. transition will also provide consumers ETCs that receive federal universal SUMMARY: The Federal Communications with better quality television picture service funds must provide monthly Commission has received Office of and sound, and make new services notice of the transition to their low Management and Budget (OMB) available through multicasting. These income customers and potential approval for the following public innovations, however, are dependent customers. This information must be information collection(s) pursuant to the upon widespread consumer provided beginning on the effective date Paperwork Reduction Act of 1995 (44 understanding of the benefits and of these rules, until March 31, 2009. U.S.C. 3501–3520). An agency may not mechanics of the transition. The (f) 700 MHz Auction Winner conduct or sponsor a collection of Congressional decision to establish a Consumer Education Reporting (47 CFR information unless it displays a hard deadline of February 17, 2009, for 27.20). Winners of the 700 MHz currently valid OMB control number, the end of full-power analog spectrum auction must report their and no person is required to respond to broadcasting has made consumer consumer education efforts to the a collection of information unless it awareness even more critical. Commission on a quarterly basis. These displays a currently valid OMB control In this Order, the Commission parties must file the first by the tenth number. Comments concerning the imposes the following information and day of the first calendar quarter accuracy of the burden estimate(s) and disclosure requirements: following the initial grant of the license any suggestions for reducing the burden (a) Broadcaster Education and authorization that the entity holds. should be directed to the person listed Reporting (47 CFR 73.674). OMB Control Number: 3060–0214. in the FOR FURTHER INFORMATION (i) On-air Education. Broadcasters OMB Approval Date: March 27, 2008. CONTACT section below. must provide on-air DTV Transition Expiration Date: September 30, 2008. FOR FURTHER INFORMATION CONTACT: For consumer education information (e.g., Title: Sections 73.3526 and 73.3527, additional information contact Cathy via Public Service Announcements Local Public Inspection Files; sections Williams via the internet at (PSAs) or information crawls) to their 76.1701 and 73.1943, Political Files. [email protected] or by phone on (202) 418– viewers. Broadcasters must comply with Form No.: Not applicable. 2918. one of three alternative sets of rules as Estimated Annual Burden: 52,285 responses; 2.5 hours–109 hours per SUPPLEMENTARY INFORMATION: provided in the Report and Order. OMB Control Number: 3060–1115. (ii) DTV Consumer Education response; 1,831,706 hours total per year. OMB Approval Date: March 27, 2008. Quarterly Activity Report, FCC Form Obligation to Respond: Required to Expiration Date: September 30, 2008. 388. Broadcasters must electronically retain or obtain benefits; statutory Title: DTV Consumer Education file a report about its DTV Transition authority for this collection of Initiative, Sections 15.124, 27.20, consumer education efforts to the information is contained in 154(i), 303, 54.418, 73.674 and 76.1630. Commission on a quarterly basis. and 308 of the Communications Act of Form No.: FCC Form 388. Broadcasters must begin filing these 1934. Estimated Annual Burden: 70,026 quarterly reports no later than April 10, Nature and Extent of Confidentiality: responses; 0.5 hours–85 hours per 2008. In addition, if the broadcaster has There is no need for confidentiality. response; 156,069 hours total per year. a public Web site, they must post these Needs and Uses: The Commission Obligation to Respond: Required to reports on that Web site. adopted on February 19, 2008, a Report retain or obtain benefits; statutory (b) Multichannel Video Programming and Order, In the Matter DTV Consumer authority for this collection of Distributor (MVPD) Customer Bill Education Initiative, MB Docket 07–148, information is contained in sections 4(i), Notices (47 CFR 76.1630). MVPDs, FCC 08–56. The Report and Order adds 303(r), 335, and 336, of the which include, for example (and are not a new recordkeeping requirement for Communications Act of 1934, as limited to), cable operators, direct full-power commercial and amended, 47 U.S.C. 154(i), 303(r), 335, broadcast satellite (DBS) carriers, open noncommercial educational TV and 336. video system operators, and private broadcast stations (both analog and Nature and Extent of Confidentiality: cable operators, must provide monthly digital) for the contents of their public There is no need for confidentiality. notices about the DTV transition in their inspection files. Specifically, the rule Needs and Uses: The Commission customer billing statements. requires these stations to retain in their adopted on February 19, 2008, a Report (c) Consumer Electronics public inspection file a copy of their and Order, In the Matter DTV Consumer Manufacturer Notices (47 CFR 15.124). DTV Consumer Education Quarterly Education Initiative, MB Docket 07–148, Parties that manufacture, import, or ship Activity Report, FCC Form 388, on a FCC 08–56. As the Nation transitions interstate television receivers and quarterly basis. The Report for each from analog broadcast television service devices designed to work with quarter is to be placed in the public to digital broadcast television service, television receivers must provide notice inspection file by the tenth day of the the Commission has been committed to to consumers of the transition’s impact succeeding calendar quarter. These working with representatives from on that equipment. This information Reports shall be retained in the public
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inspection file for one year. • The Commission’s contractor will the ECFS Web page at http:// Broadcasters shall publicize in an receive hand-delivered or messenger- www.fcc.gov/cgb/ecfs/. appropriate manner the existence and delivered paper filings for the I. Licenses To Be Offered in Auction 77 location of these Reports. Commission’s Secretary at 236 Federal Communications Commission. Massachusetts Avenue, NE., Suite 110, 1. By the Auction 77 Comment Public Notice, the Bureau announces an Marlene H. Dortch, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. auction of licenses to provide cellular Secretary. Eastern Time (ET). All hand deliveries service in two different unserved areas [FR Doc. E8–6940 Filed 4–2–08; 8:45 am] must be held together with rubber bands (Auction 77), with bidding scheduled to BILLING CODE 6712–01–P or fasteners. Commercial overnight mail commence on June 17, 2008. The (other than U.S. Postal Service Express spectrum to be auctioned is the subject Mail and Priority Mail) must be sent to of two groups of pending mutually FEDERAL COMMUNICATIONS 9300 East Hampton Drive, Capitol exclusive long-form applications (FCC COMMISSION Heights, MD 20743. Forms 601) for unserved area licenses in [Report No. AUC–08–77–A (Auction 77); DA • U.S. Postal Service first-class, the Cellular Radiotelephone Service. 08–543; AU Docket No. 08–32] Express, and Priority mail should be Participation in Auction 77 will be limited to those applicants identified in Closed Auction of Licenses for Cellular addressed to 445 12th Street, SW., Washington, DC 20554. Attachment A of the Auction 77 Unserved Service Areas Scheduled for Comment Public Notice. Licenses will • People with Disabilities: Contact the June 17, 2008; Comment Sought on be auctioned for each mutually FCC to request reasonable Competitive Bidding Procedures for exclusive applicant group (MX Group) accommodations (accessible format Auction 77 identified in Attachment A of the documents, sign language interpreters, Auction 77 Comment Public Notice. The AGENCY: Federal Communications CART, etc.) by e-mail: [email protected] winning bidder in each group will be Commission. or telephone: 202–418–0530 or TTY: licensed to serve only the unserved area ACTION: Notice. 202–418–0432. proposed in its long-form application(s) SUMMARY: This document announces the FOR FURTHER INFORMATION CONTACT: for that MX Group. auction of licenses for Cellular Wireless Telecommunications Bureau, 2. In MX Group FGN001, one of the Unserved Service Areas, with bidding Auctions and Spectrum Access applicants, E.N.M.R. Telephone scheduled to commence on June 17, Division: For auction legal questions: Cooperative (ENMR), has filed two 2008 (Auction 77). This document also Sayuri Rajapakse at (202) 418–0660. For applications that propose different seeks comments on competitive bidding general auction questions: Roy Knowles Cellular Geographic Service Areas procedures for Auction 77. or Barbara Sibert at (717) 338–2868. (CGSAs). ENMR was required by the DATES: Comments are due on or before Mobility Division: For service rule Commission’s rules to file two separate April 4, 2008, and reply comments are questions: Erin McGrath (legal) or applications for these CGSAs. Because due on or before April 11, 2008. Gabriel Ubieta (technical) at (202) 418– ENMR’s applications are not mutually 0620. ADDRESSES: Comments and reply exclusive with each other, but each of comments must be identified by AU SUPPLEMENTARY INFORMATION: This is a these applications is mutually exclusive Docket No. 08–32; DA 08–543. summary of the Auction 77 Comment with the competing applicant in the MX Comments may be filed electronically Public Notice released on March 21, Group, if ENMR qualifies to bid in the using the Internet by accessing the 2008. The complete text of the Auction auction, it will submit one bid for the Federal Communications Commission’s 77 Comment Public Notice, including opportunity to have both of its (Commission) Electronic Comment Attachment A, and related Commission applications processed in the event that Filing System (ECFS) at http:// documents, are available for public it is the winning bidder in MX Group www.fcc.gov/cgb/ecfs. Filers should inspection and copying from 8 a.m. to FGN001. follow the instructions provided on the 4:30 p.m. ET Monday through Thursday II. Bureau Seeks Comment on Auction Web site for submitting comments. The or from 8 a.m. to 11:30 a.m. ET on Procedures Wireless Telecommunications Bureau Fridays in the FCC Reference 3. Consistent with the provisions of (Bureau) requests that a copy of all Information Center, 445 12th Street, 47 U.S.C. 309(j)(3), the Bureau seeks comments and reply comments be SW., Room CY–A257, Washington, DC comment on the following issues submitted electronically to the 20554. The Auction 77 Comment Public relating to Auction 77. following address: [email protected]. Notice and related Commission In addition, comments and reply documents also may be purchased from A. Auction Design comments may be submitted by any of the Commission’s duplicating i. Single-Round Sealed-Bid Auction the following methods: contractor, Best Copy and Printing, Inc. • Paper Filers: Parties who choose to (BCPI), 445 12th Street, SW., Room CY– Design file by paper must file an original and B402, Washington, DC 20554, telephone 4. The Bureau proposes to award the four copies of each filing. Filings can be 202–488–5300, facsimile 202–488–5563, licenses included in Auction 77 using a sent by hand or messenger delivery, by or you may contact BCPI at its Web site: single-round sealed-bid auction. The commercial overnight courier, or by http://www.BCPIWEB.com. When Bureau proposes to use the single-round first-class or overnight U.S. Postal ordering documents from BCPI, please format because the informational Service mail (although the Bureau provide the appropriate FCC document advantages of a simultaneous multiple- continues to experience delays in number, for example, DA 08–543. The round auction are not necessary here. receiving U.S. Postal Service mail). All Auction 77 Comment Public Notice and Because a bidder can only bid on a filings must be addressed to the related documents also are available on single cellular unserved area, bidders do Commission’s Secretary, Attn: WTB/ the Internet at the Commission’s Web not need the information afforded by a ASAD, Office of the Secretary, Federal site: http://wireless.fcc.gov/auctions/ simultaneous multiple-round auction to Communications Commission. 77/, or by using the search function on consider valuations, alternative business
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plans, or backup strategies. The Bureau 9. For Auction 77, the Bureau will be calculated by rounding the tied seeks comment on this proposal. proposes to set the upfront payment at bid amount up to the next highest $100. $500 for each applicant. The unserved The license(s) will be assigned to the B. Auction Structure areas and the proposed upfront payment bidder submitting the highest bid in the i. Round Structure are listed in Attachment A of the additional round. If no bids are placed Auction 77 Comment Public Notice. The in the additional round, the license(s) 5. The Commission will conduct Bureau seeks comment on this proposal. will be assigned to the bidder placing Auction 77 over the Internet, and the tied bid in the previous round with telephonic bidding will be available as ii. Reserve Price or Minimum Bid the highest random number, a random well. The toll-free telephone number for 10. In light of 47 U.S.C. 309(j), the number having previously been the Auction Bidder Line will be Bureau proposes to establish a assigned to each bid. If there is a tie for provided to qualified bidders. The start minimum bid amount at $500 for each the winning bid in the additional round, and finish time of the bidding round of the two cellular unserved areas in the FCC may add another tie-breaking will be announced in a public notice to Auction 77. For each unserved area, the round or rounds, or stop the auction be released at least one week before the proposed minimum bid amount is listed without assigning the license(s). start of the auction. in Attachment A of the Auction 77 15. The Commission will announce 6. The single-round sealed-bid format Comment Public Notice. The Bureau the schedule for a subsequent round via will consist of one bidding round seeks comment on this proposal. an announcement in the FCC Auction followed by the release of auction 11. If commenters believe that the System, concurrent with the release of results. In the event of tied bids in an proposed minimum bid amount is not a round results. The Bureau seeks MX Group, the Commission will post an reasonable amount, they should explain comment on this proposal. announcement in the FCC Auction why this is so, and comment on the System to announce an additional desirability of an alternative approach. D. Considerations Relating to Certain round of bidding for that MX Group. Commenters are advised to support Post-Auction Payment Rules The Bureau seeks comment on this their claims with valuation analyses and i. Additional Default Payment proposal. suggested amounts or formulas. In Percentage establishing minimum bid amounts, the ii. Information Relating to Auction Bureau particularly seeks comment on 16. Any winning bidder that defaults Delay, Suspension, or Cancellation such factors as the amount of spectrum or is disqualified after the close of an 7. For Auction 77, the Bureau being auctioned, the availability of auction (i.e., fails to remit the required proposes that, by public notice or by technology to provide service, the size down payment within the prescribed announcement during the auction, the of the service areas, issues of period of time, fails to make full Bureau may delay, suspend, or cancel interference with other spectrum bands payment, or is otherwise disqualified) is the auction in the event of natural and any other relevant factors that could liable for a default payment under 47 disaster, technical obstacle, reasonably have an impact on valuation CFR 1.2104(g)(2). This payment consists administrative or weather necessity, of the license or licenses being of a deficiency payment, equal to the evidence of an auction security breach auctioned. The Bureau also seeks difference between the amount of the or unlawful bidding activity, or for any comment on whether, consistent with bidder’s bid and the amount of the other reason that affects the fair and 47 U.S.C. 309(j), the public interest winning bid the next time a license efficient conduct of competitive would be served by having no minimum covering substantially the same bidding. In such cases, the Bureau, in its bid amount or a higher minimum bid spectrum and geographic area is won in sole discretion, may elect to resume the amount. an auction, plus an additional payment auction or cancel the auction in its equal to a percentage of the defaulter’s iii. Minimum Acceptable Bids entirety. Network interruption may bid or of the subsequent winning bid, cause the Bureau to delay or suspend 12. Eligible bidders will be able to whichever is less. the auction. The Bureau emphasizes place a bid in any whole dollar amount 17. The percentage of the bid that a that exercise of this authority is solely equal to or greater than the minimum defaulting bidder must pay in addition within the discretion of the Bureau. The bid for each cellular unserved area. to the deficiency will depend in part on Bureau seeks comment on this proposal. Bidders will not be permitted to the auction format ultimately chosen for withdraw a bid. The Bureau seeks a particular auction, if the license is C. Bidding Procedures comment on this proposal. subsequently reauctioned. In non- package auctions, the amount can range i. Upfront Payments and Bidding iv. Provisionally Winning Bids and Tied Eligibility from three percent up to a maximum of Bids 20 percent, established in advance of 8. The Bureau has delegated authority 13. At the end of the bidding round, the auction and based on the nature of and discretion to determine an the winning bid for each cellular the service and the inventory of the appropriate upfront payment for the unserved area will be determined based licenses being offered. cellular unserved area licenses being on the highest bid amount received for 18. For Auction 77, the Bureau auctioned. A bidder’s upfront payment the area. The result will be announced proposes to establish an additional is a refundable deposit to establish shortly after the close of the bidding default payment of 20 percent. As eligibility to bid in the auction on the round. previously noted by the Commission, cellular unserved area license(s) for 14. In the event of identical high bid defaults weaken the integrity of the which the applicant submitted an amounts being submitted in a cellular auction process and impede the application. Upfront payments protect unserved area (i.e., tied bids), the deployment of service to the public, and against frivolous or insincere bidding Bureau proposes to allow an additional an additional default payment of more and provide the Commission with a bidding round or rounds, if necessary, than three percent will be more effective source of funds from which to collect for bidders to submit higher bids for the in deterring defaults. The Bureau payments owed at the close of the cellular unserved area with tied bids. proposes the maximum 20 percent auction. The minimum bid for the next round default payment for Auction 77. Since
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Auction 77 is being conducted strictly By Order of the Federal Maritime Act of 1956 (12 U.S.C. 1841 et seq.) to resolve conflicts between entities in Commission. (BHC Act), Regulation Y (12 CFR Part two cellular unserved areas that were Karen V. Gregory, 225), and all other applicable statutes unable to resolve their mutually Assistant Secretary. and regulations to become a bank exclusive applications, a default by the [FR Doc. E8–6835 Filed 4–2–08; 8:45 am] holding company and/or to acquire the winning bidder would suggest that the BILLING CODE 6730–01–M assets or the ownership of, control of, or bidder has not made a good-faith effort the power to vote shares of a bank or to abide by FCC license assignment bank holding company and all of the procedures, thereby weakening the FEDERAL RESERVE SYSTEM banks and nonbanking companies integrity of the auction process. The owned by the bank holding company, Bureau proposes to impose the Change in Bank Control Notices; including the companies listed below. maximum payment percentage to deter Acquisition of Shares of Bank or Bank The applications listed below, as well such behavior. The Bureau seeks Holding Companies as other related filings required by the comment on this proposal. Board, are available for immediate The notificants listed below have inspection at the Federal Reserve Bank III. Commission’s EX PARTE Rules applied under the Change in Bank indicated. The applications also will be Control Act (12 U.S.C. 1817(j)) and available for inspection at the offices of 19. This proceeding has been § 225.41 of the Board’s Regulation Y (12 the Board of Governors. Interested designated as a permit-but-disclose CFR 225.41) to acquire a bank or bank persons may express their views in proceeding in accordance with the holding company. The factors that are writing on the standards enumerated in Commission’s ex parte rules, 47 CFR considered in acting on the notices are the BHC Act (12 U.S.C. 1842(c)). If the 1.1200–1.1216. Persons making oral ex set forth in paragraph 7 of the Act (12 proposal also involves the acquisition of parte presentations are reminded that U.S.C. 1817(j)(7)). a nonbanking company, the review also The notices are available for memoranda summarizing the includes whether the acquisition of the immediate inspection at the Federal presentations must contain summaries nonbanking company complies with the Reserve Bank indicated. The notices of the substance of the presentations standards in section 4 of the BHC Act also will be available for inspection at and not merely a listing of the subjects (12 U.S.C. 1843). Unless otherwise the office of the Board of Governors. discussed. More than a one or two noted, nonbanking activities will be Interested persons may express their sentence description of the views and conducted throughout the United States. views in writing to the Reserve Bank arguments presented is generally Additional information on all bank indicated for that notice or to the offices required. Other rules pertaining to oral holding companies may be obtained of the Board of Governors. Comments and written ex parte presentations in from the National Information Center must be received not later than April 18, permit-but-disclose proceedings are set Web site at www.ffiec.gov/nic/. forth in 47 CFR 1.1206(b). 2008. A. Federal Reserve Bank of Unless otherwise noted, comments Federal Communications Commission. Minneapolis (Jacqueline G. King, regarding each of these applications William W. Huber, Community Affairs Officer) 90 must be received at the Reserve Bank Hennepin Avenue, Minneapolis, indicated or the offices of the Board of Associate Chief, Auctions and Spectrum Governors not later than April 28, 2008. Access Division, WTB. Minnesota 55480–0291: 1. Timothy A. Tierney, Madison, A. Federal Reserve Bank of New [FR Doc. E8–6956 Filed 4–2–08; 8:45 am] York (Anne MacEwen, Bank BILLING CODE 6712–01–P Wisconsin; as an individual, and as a group acting in concert with Mark R. Applications Officer) 33 Liberty Street, Tierney, Superior, Wisconsin; David S. New York, New York 10045–0001: Tierney, Eden Prairie, Minnesota; the 1. Modern Bank Management LLC, Modern Bank Partners LLC, and Modern FEDERAL MARITIME COMMISSION Robert V. Tierney Trust, Timothy Tierney as trustee, Madison, Wisconsin; Financial Inc., all of New York, New York; to become bank holding Notice of Request for Additional and the Faith M. Tierney Trust, Timothy companies by acquiring 100 percent of Information Tierney as trustee, Madison, Wisconsin; to acquire control of Superior the voting shares of Modern Bank, N.A., New York, New York. The Commission gives notice that it Bancorporation LTD, Superior, 2. National Australia Bank Limited, has formally requested that the parties Wisconsin, and thereby indirectly National Equities Limited, both of to the below listed agreement provide acquire control of Community Bank Melbourne, Australia, and National additional information pursuant to 46 Superior, Superior, Wisconsin. Americas Investment, Inc., National U.S.C. 40304(d). This action prevents Board of Governors of the Federal Reserve Americas Holdings LLC, both of New the agreement from becoming effective System, March 31, 2008. York, New York; to become bank as originally scheduled. Robert deV. Frierson, holding companies by acquiring 100 Agreement No.: 201178. Deputy Secretary of the Board. percent of the voting shares of Great Title: Los Angeles/Long Beach Port/ [FR Doc. E8–6926 Filed 4–2–08; 8:45 am] Western Bancorporation, Inc., Omaha, Terminal Operator Administration and BILLING CODE 6210–01–S Nebraska, and its subsidiary, Great Implementation Agreement. Western Bank, Watertown, South Dakota. Comments regarding this Parties: The West Coast MTO FEDERAL RESERVE SYSTEM application must be received not later Agreement; The City of Los Angeles, than April 18, 2008. acting by and through its Board of Formations of, Acquisitions by, and Mergers of Bank Holding Companies B. Federal Reserve Bank of Harbor Commissioners; and The City of Minneapolis (Jacqueline G. King, Long Beach, acting by and through its The companies listed in this notice Community Affairs Officer) 90 Board of Harbor Commissioners. have applied to the Board for approval, Hennepin Avenue, Minneapolis, Dated: March 28, 2008. pursuant to the Bank Holding Company Minnesota 55480–0291:
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1. Kirkwood Bancorporation Co., Servicing LP, Plano, Texas, SUMMARY: The consent agreement in this Bismark, North Dakota; to acquire 27.67 Countrywide Mortgage Ventures, LLC, matter settles alleged violations of percent of the voting shares of Kirkwood Calabasas, California, Countrywide federal law prohibiting unfair or Bancorporation of Nevada, Inc., and Commercial Real Estate Finance, Inc., deceptive acts or practices or unfair thereby indirectly acquire voting shares Calabasas, California, The Countrywide methods of competition. The attached of Kirkwood Bank of Nevada, both of Foundation, Calabasas, California, Analysis to Aid Public Comment Las Vegas, Nevada, a de novo bank. Recontrust Company, National describes both the allegations in the 2. Kirkwood Bancorporation of Association, Thousand Oaks, California, draft complaint and the terms of the Nevada, Inc.; to become a bank holding CWB Community Assets, Inc., consent order—embodied in the consent company by acquiring 100 percent of Thousand Oaks, California, agreement—that would settle these the voting shares of Kirkwood Bank of Countrywide Commercial allegations. Nevada, both of Las Vegas, Nevada, a de Administration LLC, Calabasas, DATES: Comments must be received on novo bank. California, Recontrust Company or before April 28, 2008. Board of Governors of the Federal Reserve (Nevada) Thousand Oaks, California, ADDRESSES: Interested parties are System, March 31, 2008. Countrywide KB Home Loans, LLC, invited to submit written comments. Robert deV. Frierson, Thousand Oaks, California, CWB Comments should refer to ‘‘Reed Deputy Secretary of the Board. Mortgage Ventures, LLC, Thousand Elsevier and Seisint, File No. 052 3094,’’ [FR Doc. E8–6925 Filed 4–2–08; 8:45 am] Oaks, California, Landsafe Services of to facilitate the organization of BILLING CODE 6210–01–S Alabama, Inc., Rosemead, California, comments. A comment filed in paper Landsafe Title of Maryland, Inc., form should include this reference both Calabasas, California and thereby engage in the text and on the envelope, and FEDERAL RESERVE SYSTEM in (1) operating a savings association; (2) should be mailed or delivered to the operating a nondepository trust following address: Federal Trade Notice of Proposals to Engage in company; (3) community development Commission/Office of the Secretary, Permissible Nonbanking Activities or activities; (4) extending credit and Room 135–H, 600 Pennsylvania to Acquire Companies that are servicing loans; (5) real estate and Avenue, N.W., Washington, D.C. 20580. Engaged in Permissible Nonbanking personal property appraising; (6) credit Comments containing confidential Activities; Correction bureau services; (7) asset management, material must be filed in paper form, This notice corrects a notice (FR Doc. servicing, and collection activities; (8) must be clearly labeled ‘‘Confidential,’’ E8–4013) published on page 11419 of acquiring debt in default; and (9) and must comply with Commission the issue for Monday, March 3, 2008. providing tax services for residential Rule 4.9(c). 16 CFR 4.9(c) (2005).1 The Under the Federal Reserve Bank of mortgage transaction pursuant to FTC is requesting that any comment Richmond, the entry for Bank of sections 225.28(b)(1), 225.28(b)(2), filed in paper form be sent by courier or America Corporation, Charlotte, North 225.28(b)(4), 225.28(b)(5), 225.28(b)(6) overnight service, if possible, because Carolins, is revised to read as follows: and 225.28(b)(12) of Regulation Y. U.S. postal mail in the Washington area A. Federal Reserve Bank of In connection with this proposal Bank and at the Commission is subject to Richmond (A. Linwood Gill, III, Vice of America Corporation, has applied to delay due to heightened security President) 701 East Byrd Street, acquire from Bank of America, National precautions. Comments that do not Richmond, Virginia 23261–4528: Association, Charlotte, North Carolina, contain any nonpublic information may 1. Bank of America Corporation, 20,000 shares of Series B Non–Voting instead be filed in electronic form by Charlotte, North Carolina; to acquire Convertible Preferred Stock of following the instructions on the web- Countrywide Financial Corporation, Countrywide Financial Corporation, based form at http:// Calabasas, California, and thereby Calabasas, California, which is secure.commentworks.com/ftc- indirectly acquire Countrywide Bank, convertible at the option of the holder ReedElsevierSeisint. To ensure that the FSB, Alexandria, Virginia, Countrywide into approximately 15.7 percent of the Commission considers an electronic Home Loans, Inc., Calabasas, California, voting common stock of Countrywide comment, you must file it on that web- Countrywide Financial Corporation, Financial Corporation. based form. Calabasas, California, Countrywide Comments on this application must The FTC Act and other laws the Financial Holding Company, Inc., be received by April 29, 2008. Commission administers permit the Calabasas, California, Effinity Financial Board of Governors of the Federal Reserve collection of public comments to Corporation, Alexandria, Virginia, System, March 31, 2008. consider and use in this proceeding as Countrywide Tax Services Corporation, Robert deV. Frierson, appropriate. All timely and responsive public comments, whether filed in Simi Valley, California, CTC Real Estate Deputy Secretary of the Board. Services, Calabasas, California, paper or electronic form, will be [FR Doc. E8–6924 Filed 4–2–08; 8:45 am] considered by the Commission, and will Countrywide Servicing Exchange, BILLING CODE 6210–01–S Calabasas, California, Countrywide be available to the public on the FTC Asset Management Corp., Calabasas, website, to the extent practicable, at California, Landsafe Appraisal Services, www.ftc.gov. As a matter of discretion, Inc., Plano, Texas, Landsafe Credit, Inc., FEDERAL TRADE COMMISSION the FTC makes every effort to remove Richardson, Texas, Landsafe Flood home contact information for Determination, Inc., Richardson, Texas, [File No. 052 3094] 1 Landsafe Title of California, Inc., The comment must be accompanied by an Reed Elsevier Inc. and Seisint, Inc.; explicit request for confidential treatment, Rosemead, California, Landsafe Title of including the factual and legal basis for the request, Texas, Inc., Rosemead, California, Analysis of Proposed Consent Order and must identify the specific portions of the Landsafe Title of Florida, Inc., to Aid Public Comment comment to be withheld from the public record. The request will be granted or denied by the Calabasas, California, Countrywide AGENCY: Federal Trade Commission. Commission’s General Counsel, consistent with Warehouse Lending, Calabasas, ACTION: Proposed Consent Agreement. applicable law and the public interest. See California, Countrywide Home Loans Commission Rule 4.9(c), 16 CFR 4.9(c).
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individuals from the public comments it September 1, 2004 and has continued to thieves then used the credentials to receives before placing those comments operate Seisint under the Seisint name; make thousands of unauthorized on the FTC website. More information, REI also uses Seisint’s technologies and searches for consumer information in including routine uses permitted by the facilities in REI’s LexisNexis data broker Seisint databases. These breaches Privacy Act, may be found in the FTC’s business. In connection with Seisint’s disclosed sensitive information about privacy policy, at http://www.ftc.gov/ business, proposed respondents collect, more than 300,000 consumers, ftc/privacy.shtm. and store in electronic databases, including, in many instances, names, FOR FURTHER INFORMATION CONTACT: information about millions of current and prior addresses, dates of Alain Sheer, FTC Bureau of Consumer consumers, including names, current birth, and SSNs. In some instances, the Protection, 600 Pennsylvania Avenue, and prior addresses, dates of birth, thieves opened new credit accounts in NW, Washington, D.C. 20580, (202) driver’s license numbers, and Social the names of consumers whose 326–2252. Security numbers (‘‘SSNs’’). They also information was disclosed and made sell products customers use to retrieve purchases on the new accounts. In other SUPPLEMENTARY INFORMATION: Pursuant to section 6(f) of the Federal Trade information from the databases, instances, they used the information to Commission Act, 38 Stat. 721, 15 U.S.C. including products to locate assets and activate newly-issued credit cards stolen from legitimate cardholders and then 46(f), and § 2.34 of the Commission people, authenticate identities, and verify credentials. Until at least mid- made fraudulent purchases on the cards. Rules of Practice, 16 CFR 2.34, notice is 2005, access to information in Seisint Although some of these breaches hereby given that the above-captioned databases was controlled using only occurred before REI acquired Seisint on consent agreement containing a consent user IDs and passwords (‘‘credentials’’). September 1, 2004, they continued for at order to cease and desist, having been Seisint customers include insurance least 9 months after the acquisition, filed with and accepted, subject to final companies, debt collectors, employers, during which time Seisint was under approval, by the Commission, has been landlords, law firms, and law REI’s control. placed on the public record for a period enforcement and other government The proposed order applies to of thirty (30) days. The following agencies. nonpublic information sold by Seisint Analysis to Aid Public Comment The complaint further alleges that REI and LexisNexis, as well as by any other describes the terms of the consent and Seisint engaged in a number of business within REI to the extent that agreement, and the allegations in the practices that, taken together, failed to the business sells products that include complaint. An electronic copy of the provide reasonable and appropriate an SSN, driver’s license number; date of full text of the consent agreement security for sensitive consumer birth; or bank, credit card, or other package can be obtained from the FTC information stored in Seisint databases. financial account number or Home Page (for March 27, 2008), on the In particular, they: (1) failed to make information. The order also contains World Wide Web, at http://www.ftc.gov/ credentials hard to guess; (2) failed to provisions designed to prevent os/2008/03/index.htm. A paper copy require periodic changes of credentials respondents from engaging in the future can be obtained from the FTC Public (such as every 90 days, for customers in practices similar to those alleged in Reference Room, Room 130–H, 600 with access to sensitive consumer the complaint. Pennsylvania Avenue, NW, Washington, information); (3) failed to suspend Part I of the proposed order requires D.C. 20580, either in person or by credentials after a certain number of each respondent to establish and calling (202) 326–2222. unsuccessful log-in attempts; (4) maintain a comprehensive information Public comments are invited, and may allowed customers to store their security program that is reasonably be filed with the Commission in either credentials in a vulnerable format in designed to protect the security, paper or electronic form. All comments cookies on their computers; (5) failed to confidentiality, and integrity of should be filed as prescribed in the require customers to encrypt or nonpublic personal information ADDRESSES section above, and must be otherwise protect credentials, search collected from or about consumers. The received on or before the date specified queries, and/or search results in transit security programs must contain in the DATES section. between customer computers and administrative, technical, and physical Seisint websites; (6) allowed customers safeguards appropriate to the Analysis of Agreement Containing to create new credentials without respondent’s size and complexity, the Consent Order to Aid Public Comment confirming that the new credentials nature and scope of its activities, and The Federal Trade Commission has were created by customers rather than the sensitivity of the personal accepted, subject to final approval, a identity thieves; (7) permitted users to information collected from or about consent agreement from Reed Elsevier share credentials; (8) did not adequately consumers. Specifically, the order Inc. (‘‘REI’’) and Seisint, Inc. (‘‘Seisint’’). assess the vulnerability of Seisint’s web requires each respondent to: The proposed consent order has been application and computer network to ∑ Designate an employee or placed on the public record for thirty commonly known or reasonably employees to coordinate and be (30) days for receipt of comments by foreseeable attacks, such as ‘‘Cross-Site accountable for the information security interested persons. Comments received Scripting‘‘ attacks; and (9) did not program. during this period will become part of implement simple, low-cost, and readily ∑ Identify material internal and the public record. After thirty (30) days, available defenses to such attacks. As a external risks to the security, the Commission will again review the result, an attacker could easily guess or confidentiality, and integrity of agreement and the comments received, intercept the user credentials of customer information that could result and will decide whether it should legitimate customers and use them to in the unauthorized disclosure, misuse, withdraw from the agreement and take access sensitive information—including loss, alteration, destruction, or other appropriate action or make final the SSNs—about millions of consumers. compromise of such information, and agreement’s proposed order. The complaint alleges that on assess the sufficiency of any safeguards The Commission’s proposed multiple occasions since January 2003, in place to control these risks. complaint alleges that REI (through its identity thieves exploited these ∑ Design and implement reasonable LexisNexis division) and Seisint are vulnerabilities to obtain the credentials safeguards to control the risks identified data brokers. REI acquired Seisint on of legitimate Seisint customers. The through risk assessment, and regularly
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test or monitor the effectiveness of the to consumers’ information. The DATES: Comments must be received on safeguards’ key controls, systems, and practices challenged in the cases have or before April 28, 2008. procedures. included, but are not limited to: (1) ∑ ADDRESSES: Interested parties are Develop and use reasonable steps to creating unnecessary risks to sensitive invited to submit written comments. select and retain service providers information by storing it on computer Comments should refer to ‘‘TJX, File No. capable of appropriately safeguarding networks without a business need to do 072 3055,’’ to facilitate the organization personal information they receive from so; (2) storing sensitive information on of comments. A comment filed in paper the respondent, and require service networks in a vulnerable format; (3) form should include this reference both providers by contract to implement and failing to use readily available security in the text and on the envelope, and maintain appropriate safeguards. measures to limit access to a computer should be mailed or delivered to the ∑ Evaluate and adjust its information network through wireless access points following address: Federal Trade security programs in light of the results on the network; (4) failing to adequately of testing and monitoring, any material Commission/Office of the Secretary, assess the vulnerability of a web Room 135–H, 600 Pennsylvania changes to operations or business application and computer network to arrangements, or any other Avenue, N.W., Washington, D.C. 20580. commonly known or reasonably Comments containing confidential circumstances that it knows or has foreseeable attacks; (5) failing to reason to know may have material material must be filed in paper form, implement simple, low-cost, and readily must be clearly labeled ‘‘Confidential,’’ impact on its information security available defenses to such attacks; and program. and must comply with Commission (6) failing to use readily available 1 Part II of the proposed order requires Rule 4.9(c). 16 CFR 4.9(c) (2005). The security measures to limit access FTC is requesting that any comment each respondent to obtain within 180 between computers on a network and days, and on a biennial basis thereafter filed in paper form be sent by courier or between such computers and the overnight service, if possible, because for a period of twenty (20) years, an Internet. This proposed action against assessment and report from a qualified, U.S. postal mail in the Washington area REI and Seisint is the first to challenge and at the Commission is subject to objective, independent third-party alleged security failures involving the professional, certifying, among other delay due to heightened security security of passwords. Passwords are a things, that: (1) it has in place a security precautions. Comments that do not critical part of a reasonable and program that provides protections that contain any nonpublic information may appropriate security program because meet or exceed the protections required instead be filed in electronic form by passwords are typically the first (and are by Part I of the proposed order; and (2) following the instructions on the web- often the only) method used to its security program is operating with based form at http:// authenticate (or authorize) users to sufficient effectiveness to provide secure.commentworks.com/ftc-TJX. To access resources, such as programs and reasonable assurance that the security, ensure that the Commission considers databases, available on a computer confidentiality, and integrity of an electronic comment, you must file it network or online. consumers’ personal information has on that web-based form. The purpose of this analysis is to been protected. The FTC Act and other laws the Parts III through VII of the proposed facilitate public comment on the Commission administers permit the order are reporting and compliance proposed order. It is not intended to collection of public comments to provisions. Part III requires respondents constitute an official interpretation of consider and use in this proceeding as to retain documents relating to their the proposed order or to modify its appropriate. All timely and responsive compliance with the order. For most terms in any way. public comments, whether filed in By direction of the Commission. records, the order requires that the paper or electronic form, will be documents be retained for a five-year Donald S. Clark considered by the Commission, and will period. For the third-party assessments Secretary be available to the public on the FTC and supporting documents, respondents [FR Doc. E8–6952 Filed 4–2–08: 8:45 am] website, to the extent practicable, at must retain the documents for a period [BILLING CODE 6750–01–S] www.ftc.gov. As a matter of discretion, of three years after the date that each the FTC makes every effort to remove assessment is prepared. Part IV requires home contact information for dissemination of the order now and in FEDERAL TRADE COMMISSION individuals from the public comments it the future to persons with receives before placing those comments responsibilities relating to the subject [File No. 072 3055] on the FTC website. More information, matter of the order. Part V ensures The TJX Companies, Inc.; Analysis of including routine uses permitted by the notification to the FTC of changes in Proposed Consent Order to Aid Public Privacy Act, may be found in the FTC’s corporate status. Part VI mandates that Comment privacy policy, at http://www.ftc.gov/ each respondent submit a compliance ftc/privacy.shtm. report to the FTC within 180 days, and AGENCY: Federal Trade Commission. FOR FURTHER INFORMATION CONTACT: periodically thereafter as requested. Part ACTION: Proposed Consent Agreement. Alain Sheer or Molly Crawford, FTC VII is a provision ‘‘sunsetting’’ the order Bureau of Consumer Protection, 600 SUMMARY: The consent agreement in this after twenty (20) years, with certain Pennsylvania Avenue, NW, Washington, matter settles alleged violations of exceptions. D.C. 20580, (202) 326–2252. This is the Commission’s nineteenth federal law prohibiting unfair or case to challenge the failure by a deceptive acts or practices or unfair 1 The comment must be accompanied by an company to implement reasonable methods of competition. The attached explicit request for confidential treatment, information security practices. Each of Analysis to Aid Public Comment including the factual and legal basis for the request, the Commission’s cases to date has describes both the allegations in the and must identify the specific portions of the alleged that a number of security draft complaint and the terms of the comment to be withheld from the public record. The request will be granted or denied by the practices, taken together, failed to consent order—embodied in the consent Commission’s General Counsel, consistent with provide reasonable and appropriate agreement—that would settle these applicable law and the public interest. See security to prevent unauthorized access allegations. Commission Rule 4.9(c), 16 CFR 4.9(c).
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SUPPLEMENTARY INFORMATION: Pursuant payment card authorization; (2) bank provisions designed to prevent TJX from to section 6(f) of the Federal Trade routing, account, and check numbers engaging in the future in practices Commission Act, 38 Stat. 721, 15 U.S.C. and, in some instances, driver’s license similar to those alleged in the 46(f), and § 2.34 of the Commission number and date of birth for personal complaint. Rules of Practice, 16 CFR 2.34, notice is check verification; and (3) name, Part I of the proposed order requires hereby given that the above-captioned address, and drivers’ license or military TJX to establish and maintain a consent agreement containing a consent or state identification number comprehensive information security order to cease and desist, having been (‘‘personal ID numbers’’) for unreceipted program in writing that is reasonably filed with and accepted, subject to final returns (collectively, ‘‘personal designed to protect the security, approval, by the Commission, has been information’’). This information is confidentiality, and integrity of personal placed on the public record for a period particularly sensitive because it can be information collected from or about of thirty (30) days. The following used to facilitate payment card fraud consumers. The security program must Analysis to Aid Public Comment and other consumer harm. contain administrative, technical, and describes the terms of the consent The Commission’s proposed physical safeguards appropriate to TJX’s agreement, and the allegations in the complaint alleges that since at least July size and complexity, the nature and complaint. An electronic copy of the 2005, TJX engaged in a number of scope of its activities, and the sensitivity full text of the consent agreement practices that, taken together, failed to of the personal information collected package can be obtained from the FTC provide reasonable and appropriate from or about consumers. Specifically, Home Page (for March 27, 2008), on the security for personal information on its the order requires TJX to: World Wide Web, at http://www.ftc.gov/ computer networks. Among other ∑ Designate an employee or os/2008/03/index.htm. A paper copy things, TJX: (a) created an unnecessary employees to coordinate and be can be obtained from the FTC Public risk to personal information by storing accountable for the information security Reference Room, Room 130–H, 600 it on, and transmitting it between and program. Pennsylvania Avenue, NW, Washington, within, in-store and corporate networks ∑ Identify material internal and D.C. 20580, either in person or by in clear text; (b) did not use readily external risks to the security, calling (202) 326–2222. available security measures to limit confidentiality, and integrity of personal Public comments are invited, and may wireless access to its networks, thereby information that could result in the be filed with the Commission in either allowing an intruder to connect unauthorized disclosure, misuse, loss, paper or electronic form. All comments wirelessly to in-store networks without alteration, destruction, or other should be filed as prescribed in the authorization; (c) did not require compromise of such information, and ADDRESSES section above, and must be network administrators and other users assess the sufficiency of any safeguards received on or before the date specified to use strong passwords or to use in place to control these risks. in the DATES section. different passwords to access different ∑ Design and implement reasonable programs, computers, and networks; (d) safeguards to control the risks identified Analysis of Agreement Containing failed to use readily available security through risk assessment, and regularly Consent Order to Aid Public Comment measures to limit access among test or monitor the effectiveness of the The Federal Trade Commission has computers and the internet, such as by safeguards’ key controls, systems, and accepted, subject to final approval, a using a firewall to isolate card procedures. consent agreement from The TJX authorization computers; and (e) failed ∑ Develop and use reasonable steps to Companies, Inc. (‘‘TJX’’). to employ sufficient measures to detect retain service providers capable of The proposed consent order has been and prevent unauthorized access to appropriately safeguarding personal placed on the public record for thirty computer networks or to conduct information they receive from (30) days for receipt of comments by security investigations, such as by respondents, require service providers interested persons. Comments received patching or updating anti-virus software by contract to implement and maintain during this period will become part of or following up on security warnings appropriate safeguards, and monitor the public record. After thirty (30) days, and intrusion alerts. their safeguarding of personal the Commission will again review the The complaint alleges that the breach information. agreement and the comments received, compromised tens of millions of ∑ Evaluate and adjust its information and will decide whether it should payment cards as well as the personal security program in light of the results withdraw from the agreement and take information of approximately 455,000 of the testing and monitoring, any appropriate action or make final the consumers who had made unreceipted material changes to its operations or agreement’s proposed order. returns. The complaint further alleges business arrangements, or any other According to the Commission’s that issuing banks have claimed tens of circumstances that it knows or has complaint, TJX is an off-price retailer millions of dollars in fraudulent charges reason to know may have a material selling apparel and home fashions in on some of these payment card impact on the effectiveness of their over 2,500 stores worldwide. Consumers accounts. Issuing banks also have information security program. may pay for purchases at these stores cancelled and re-issued millions of Part II of the proposed order requires with credit and debit cards (collectively, payment cards, and according to the that TJX obtain, covering the first 180 ‘‘payment cards’’), cash, or personal complaint, consumers holding these days after the order is served, and on a checks. In selling its products, TJX cards were unable to use them to access biennial basis thereafter for twenty (20) routinely uses its computer networks to their credit and bank accounts until years, an assessment and report from a collect personal information from they received the replacement cards. qualified, objective, independent third- consumers to obtain authorization for Additionally, the complaint alleges that party professional, certifying, among payment card purchases, verify personal some consumers have obtained or will other things, that (1) it has in place a checks, and process merchandise have to obtain new personal ID security program that provides returned without receipts (‘‘unreceipted numbers, such as new drivers’ licenses. protections that meet or exceed the returns’’). Among other things, it The proposed order applies to protections required by Part I of the collects: (1) account number, expiration personal information TJX collects from proposed order; and (2) its security date, and an electronic security code for or about consumers. It contains program is operating with sufficient
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effectiveness to provide reasonable By direction of the Commission. the United States. Over the past decade, assurance that the security, however, the dramatic influx of patients Donald S. Clark confidentiality, and integrity of into EDs has seriously challenged the consumers’ personal information is Secretary ability of these departments to deliver protected. [FR Doc. E8–6950 Filed 4–2–08: 8:45 am] timely, quality, and safe emergency Parts III through VII of the proposed [BILLING CODE 6750–01–S] healthcare services. Moreover, with order are reporting and compliance most emergency departments operating provisions. Part III requires TJX to retain at or over capacity it may prove difficult documents relating to its compliance DEPARTMENT OF HEALTH AND for them to respond to the surge in with the order. For most records, the HUMAN SERVICES emergency room demand created by order requires that the documents be natural and man-made disasters. retained for a five-year period. For the Agency for Healthcare Research and Development of increasingly refined third-party assessments and supporting Quality and validated triage methods is one documents, TJX must retain the Agency Information Collection potential key to addressing documents for a period of three years overcrowding by speeding up the care after the date that each assessment is Activities: Proposed Collection; Comment Request delivery to the most acute ED patients prepared. Part IV requires dissemination while helping hospitals assess, carefully of the order now and in the future to AGENCY: Agency for Healthcare Research allocate and plan the amount of human principals, officers, directors, and and Quality, HHS. and other resources needed to care for managers having responsibilities ACTION: Notice. all patients. relating to the subject matter of the In response to a need to standardize order. Part V ensures notification to the SUMMARY: This notice announces the the triage process and improve the flow FTC of changes in corporate status. Part intention of the Agency for Healthcare of patients, Richard C. Wuerz, MD, VI mandates that TJX submit an initial Research and Quality (AHRQ) to request (Department of Emergency Medicine at compliance report to the FTC, and make that the Office of Management and the Brigham and Women’s Hospital and available to the FTC subsequent reports. Budget (OMB) approve the proposed the Harvard Medical School) and David Part VII is a provision ‘‘sunsetting’’ the information collection project: R. Eitel, MD, (Department of Emergency order after twenty (20) years, with ‘‘Assessment of the Emergency Severity Medicine, The York Hospital WellSpan certain exceptions. Index (ESI).’’ In accordance with the Health System) initiated development of This is the Commission’s twentieth Paperwork Reduction Act of 1995, the Emergency Severity Index (ESI) in case to challenge the failure by a Public Law 104–13 (44 U.S.C. 1995. The ESI is unique in its focus on company to implement reasonable 3506(c)(2)(A)), AHRQ invites the public appropriate resource allocation and its information security practices. Each of to comment on this proposed the Commission’s cases to date has consideration of necessary resource information collection. utilization in assigning acuity. To alleged that a number of security This proposed information collection practices, taken together, failed to encourage adoption of the ESI, AHRQ was previously published in the Federal developed an implementation handbook provide reasonable and appropriate Register on January 22nd, 2008 and security to prevent unauthorized access (Emergency Severity Index, Version 4) allowed 60 days for public comment. No and companion DVDs. These materials to consumers’ information. The comments were received. The purpose practices challenged in the cases have are intended to provide hospitals and of this notice is to allow an additional triage nurses with background on why included, but are not limited to: (1) 30 days for public comment. creating unnecessary risks to sensitive they might want to implement the ESI DATES: Comments on this notice must be information by storing it on computer as a triage tool, and offers received by May 5, 2008. networks without a business need to do recommendations on the so; (2) storing sensitive information on ADDRESSES: Written comments should implementation process and staff networks in a vulnerable format; (3) be submitted to: AHRQ’s OMB Desk training. failing to use readily available security Officer by fax at (202) 395–6974 This project will assess the product’s (attention: AHRQ’s desk officer) or by e- acceptance by emergency departments measures to limit access to a computer _ network through wireless access points mail at OIRA [email protected] and others involved in addressing on the network; (4) failing to adequately (attention: AHRQ’s desk officer). Copies medical surges to better understand the assess the vulnerability of a web of the proposed collection plans, data usefulness of the ESI compared to other application and computer network to collection instruments, and specific similar tools. It will focus on the commonly known or reasonably details on the estimated burden can be satisfaction with the product’s foreseeable attacks; (5) failing to obtained from the AHRQ Reports presentation, content, and clarity; extent implement simple, low-cost, and readily Clearance Officer. to which the product has improved available defenses to such attacks; (6) FOR FURTHER INFORMATION CONTACT: emergency services and surge failing to use readily available security Doris Lefkowitz, AHRQ Reports preparation; and the improvements measures to limit access between Clearance Officer, (301) 427–1477, or by users would like to see in the next computers on a network and between e-mail at [email protected]. version of this product. This will be such computers and the internet, and (7) SUPPLEMENTARY INFORMATION: accomplished through (1) developing failing to use strong passwords to and implementing an electronic and authenticate (or authorize) users to ‘‘Proposed Project—Assessment of the paper-based survey targeting emergency access programs and databases on Emergency Severity Index (ESI)’’ department professionals assessing the computer networks or online. AHRQ is proposing to examine uptake satisfaction with the ESI’s content, The purpose of the analysis is to aid and use of an emergency room triage clarity and actual use of the system in public comment on the proposed order. tool, the Emergency Severity Index everyday emergency departments, and It is not intended to constitute an (ESI). The hospital emergency (2) convening focus groups of ED official interpretation of the proposed department (ED) represents a critical professionals to identify characteristics order or to modify its terms in any way. point in care delivery for patients across that might predict uptake and use of this
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system in participating emergency prompts will be sent after two weeks to utilize it in their emergency departments. those who have not yet completed the departments, focus groups may also be questionnaire, followed by two useful to gather information on why Method of Collection additional reminders sent three weeks these organizations opted not to employ Survey: An equal-probability sample apart. The expected response rate of 80 the ESI. In order to facilitate of 507 ED professionals from the percent will result in 405 respondents to communication among focus group database AHRQ maintains of the survey with approximately 70% ED participants and ensure that responses individuals and organizations that nurses, 20% ED medical and health address the key issues identified in the requested a copy of the ESI tools will be services managers, and 10% ED focus group guide, we will limit contacted to participate in the survey. physicians. participation in each focus group Where a phone number has been Focus Groups: Focus groups will be meeting to between six and eight provided, we will do a reverse conducted to gauge ED managers’ and individuals. A total of four focus group telephone number search to identify the clinicians’ awareness of the ESI tool as meetings will be held, including two mailing address of the requester and well as AHRQ’s role in ED surge meetings each with ED medical conduct a mail survey with telephone planning and preparation. To the extent directors, ED triage nurses, and ED follow-up. For those who have provided that we are able to identify a subgroup medical and health services managers. an e-mail address, we will send a link of ED representatives who are aware of to a Web survey. Telephone and e-mail the ESI tool but have chosen not to Estimated Annual Respondent Burden
EXHIBIT 1.—ESTIMATED ANNUALIZED BURDEN HOURS
Number of Number of Hours per Total burden Data collection effort responses per respondents respondent response hours
ED professionals survey ...... 405 1 20/60 135 ED professionals focus groups ...... 32 1 1.5 48
Total ...... 437 na na 183
EXHIBIT 2.—ESTIMATED ANNUALIZED COST BURDEN
Average Data collection effort Number of Total burden hourly wage Total cost respondents hours rate* burden
ED professionals survey ...... 405 135 $33.70 $4,549.50 ED professionals focus groups ...... 32 48 36.62 1,757.76
Total ...... 437 183 na 6,307.26 *Total cost burden for the survey is based upon the weighted average of 13 physicians at $58.76/hr, 95 nurses at $29.10/hr, and 27 medical and health services managers at $37.82/hr. Total cost burden for the focus groups is based on the weighted average of 6 ED physicians at $58.76/hr, 21 nurses at $29.10/hr, and 21 medical and health services managers at $37.82/hr. National Compensation Survey: Occupational wages in the United States 2006, ‘‘U.S. Department of Labor, Bureau of Labor Statistics.’’
This information collection will not any of the following: (a) Whether the All comments will become a matter of impose a cost burden on respondents proposed collection of information is public record. beyond that associated with their time necessary for the proper performance of Dated: March 25, 2008. to provide the required data. There will AHRQ health care research and health Carolyn M. Clancy, be no additional costs for capital care information dissemination Director. equipment, software, computer services, functions, including whether the etc. information will have practical utility; [FR Doc. E8–6757 Filed 4–2–08; 8:45 am] BILLING CODE 4160–90–M Estimated Annual Costs to the Federal (b) the accuracy of AHRQ’s estimate of Government burden (including hours and costs) of the proposed collection(s) of Developing and implementing the DEPARTMENT OF HEALTH AND information; (c) ways to enhance the survey—$183,305. HUMAN SERVICES Developing and conducting focus quality, utility, and clarity of the groups—$69,669. information to be collected; and (d) Agency for HeaIthcare Research and Analyzing the data and report ways to minimize the burden of the Quality production—$26,172. collection of information upon the Associated personnel costs—$17,073. respondents, including the use of Agency Information Collection The total cost to the government for automated collection techniques or Activities: Proposed Collection; this activity is estimated to be $296,219. other forms of information technology. Comment Request Comments submitted in response to Request for Comments AGENCY: Agency for Healthcare Research this notice will be summarized and In accordance with the above-cited and Quality, Department of Health and included in the Agency’s subsequent Paperwork Reduction Act legislation, Human Services. request for OMB approval of the comments on AHRQ’s information ACTION: Notice. collection are requested with regard to proposed information collection.
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SUMMARY: This notice announces the processes of care and the safety and Part 46. Identifiable data for provider intention of the Agency for Healthcare quality of healthcare delivery. These organizations and individuals will only Research and Quality (AHRQ) to request ACTION partnerships will be working be used for the above-stated purposes that the Office of Management and collaboratively with 34 hospitals, and will be kept confidential. Budget (OMB) allow the proposed ranging from large academic teaching Methods of Collection information collection project, hospitals to community hospitals, in 11 ‘‘Reducing Healthcare Associated states. At each of these hospitals, multi- The infection prevention training will Infections (HAI): Improving patient disciplinary teams will implement be implemented at 34 hospitals over a safety through implementing clinician training that uses AHRQ- 6 month period at the end of 2008 multidisciplinary training.’’ In supported evidence-based tools to through 2009. The data collection accordance with the Paperwork improve infection safety. Through the instruments will be administered at Reduction Act of 1995, 44 U.S.C. HAI project, these hospitals will focus each hospital before, during and after 3506(c)(2)(A), AHRQ invites the public on barriers and challenges to the training. Respondents include both to comment on this proposed implementing infection prevention medical and administrative personnel. information collection. training and how to sustain lessons These instruments will be a key input DATES: Comments on this notice must be learned in order to help other hospitals to AHRQ understanding the challenges received by June 2, 2008. achieve success. and barriers to implementing training The project involves six activities: (1) and improving infection safety. The ADDRESSES: Written comments should Implement training focused on be submitted to: Doris Lefkowitz, proposed paper-based data collection mitigating infections, particularly with Reports Clearance Officer, AHRQ, by e- instruments are: respect to blood stream infections (BSI), Pre-Training Infection Prevention and mail at [email protected]. central line insertions, ventilator Copies of the proposed collection Safety Assessment. associated pneumonia (V AP) and chest Post-Training Infection Prevention plans, data collection instruments, and tube insertions; (2) catalogue infection and Safety Assessment. specific details on the estimated burden rates before and after the training; (3) Baseline Infection Rates Summary. can be obtained from AHRQ’s Reports analyze the opinions of hospital staff Follow-up Infection Rates Summary. Clearance Officer. about their hospital’s infection Infection Prevention and Patient FOR FURTHER INFORMATION CONTACT: prevention and patient safety activities; Safety Activities Catalogue. Doris Lefkowitz, AHRQ Reports (4) analyze the trainees’ evaluation of Training Evaluation. Clearance Officer, (301) 427–1477, or by the infection prevention and patient In addition to the 34 hospitals which e-mail at [email protected]. safety training and materials; (5) will implement the training and fully SUPPLEMENTARY INFORMATION: determine the impact of the participate in the HAI project, there will be a control group consisting of 102 Proposed Project—‘‘Reducing implementation of infection prevention training and the hospitals’ participation rural hospitals. At each of the control Healthcare Associated Infections (HAI): group hospitals, an infection prevention Improving Patient Safety Through in the HAI project on their ability to mitigate and sustain infection safety staff member will complete the Post- Implementing Multi-Disciplinary Training Infection Prevention and Training’’ improvements; and (6) make publicly available case studies focusing on the Safety Assessment, Follow-up Infection The goal of the HAI project is to hospitals’ experiences of the training Rate Summary, and the Infection identify factors associated with the and their success with infection Prevention and Patient Safety Activities implementation of training that can reduction and sustainability. Catalogue. In addition to providing a assist hospitals in successfully reducing In order to support the healthcare baseline measure, the control group and sustaining the reduction of organizations and hospitals, AHRQ will hospitals will provide additional infections associated with the process of be issuing a contract to coordinate the insights on the challenges of and care. The project is being carried out assessment aspects of the HAI program. barriers to infection prevention and pursuant to AHRQ’s statutory mandates The objective of the HAI assessment patient safety at rural hospitals. under 42 U.S.C. 299b(b) and contract is to facilitate the collection of Estimated Annual Respondent Burden 299(b)(1)(G) to disseminate research infection information across the HAI findings to community settings for project hospitals including providing Exhibit 1 shows the estimated burden practice improvement and to support technical assistance and support for the hours to the respondents for providing research on determinants of practitioner administration of the common data all of the data needed to meet the use and development of best practices. collection instruments. In addition, the study’s objectives. For both the Pre- The findings from the HAI project will assessment contractor will assist AHRQ Training and Post-Training Infection be shared publicly to assist other in sharing the lessons learned about the Prevention and Safety Assessment healthcare organizations in their efforts successes, barriers, and challenges in instruments, the number of respondents to improve infection safety. implementing and sustaining infection is based on an estimate of 20 For the HAI project, AHRQ will use safety interventions and tools. Each of respondents at each of the 34 the Accelerating Change and the 34 participating hospitals will be implementation hospitals. In addition, Transformation in Organizations and responsible for securing clearance from one respondent at each of the 102 Networks (ACTION) which is a program their own Institutional Review Boards hospitals in the control group will of task order contracts to support field- for their activities as part of the HAI complete the Post-Training instrument. based partnerships for conducting project, including administration of the For both the Baseline and Follow-up applied research. In order to understand proposed data collection instruments. Infection Rate Summary instrument, the the challenges of infection prevention The data collection will be conducted in number of respondents is based on an and patient safety at the point of care, accordance with the Health Insurance estimate of one respondent at each of AHRQ has funded five ACTION Portability and Accountability Act the 34 implementation hospitals. In partnerships, each of which has (HIPAA) Privacy Rule, 45 CFR parts 160 addition, one respondent at each of the experience with implementing and 164, and with the Protection of 102 control group hospitals will interventions and tools to improve the Human Subjects regulations, 45 CFR complete the Follow-Up instrument. For
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the Infection Prevention and Patient number of respondents for the Training project. There will be no cost burden to Safety Activity Catalogue, the number of Evaluation instrument is based on an the respondent other than that respondents is based on an estimate of estimate of 25 respondents at each of the associated with their time to provide the 1 respondent at each of the 34 34 implementation hospitals. required data. There will be no implementation hospitals and the 102 Exhibit 2 shows the estimated additional costs for capital equipment, control group hospitals. Finally, the annualized cost burden for the software, computer services, etc. respondents’ time to participate in this
EXHIBIT 1. ESTIMATED ANNUALIZED BURDEN HOURS
Number of Data collection instrument Number of responses per Hours per Total burden respondents respondent response hours
Pre-Training Infection Prevention and Safety Assessment ...... 34 20 30/60 340 Post-Training Infection Prevention and Safety Assessment ...... 136 5.75 45/60 587 Baseline Infection Rate Summary ...... 34 1 30/60 17 Follow-up Infection Rate Summary ...... 136 1 40/60 91 Infection Prevention and Patient Safety Activity Catalogue ...... 136 1 1.00 136 Training Evaluation ...... 34 25 10/60 141
Total ...... 136 na na 1,312
EXHIBIT 2.—ESTIMATED ANNUALIZED COST BURDEN
Average Data collection instrument Number of Total burden hourly wage Total cost respondents hours rate* burden
Pre-Training Infection Prevention and Safety Assessment ...... 34 340 $41.75 $14,195 Post-Training Infection Prevention and Safety Assessment ...... 136 587 41.75 24,507 Baseline Infection Rate Summary ...... 34 17 28.99 493 Follow-up Infection Rate Summary ...... 136 91 28.99 2,638 Infection Prevention and Patient Safety Activity Catalogue 136 136 39.02 5,307 Training Evaluation ...... 34 141 49.04 6,915
Total ...... 136 1,312 na 54,055 * Based on the planned respondents, the average hourly rates are the average of the mean hourly wage estimates for the following occupa- tional groups: Epidemiologists, health care support aides, medical and health services managers, pharmacists, physicians, physician assistants, registered nurses, and respiratory therapists. The wage estimates are derived from the National Occupational Employment and Wage Estimates, Bureau of Labor Statistics, May 2006.
Estimated Annual Costs to the Federal improvement and information DEPARTMENT OF HEALTH AND Government dissemination functions, including HUMAN SERVICES This data collection effort is one whether the information will have practical utility; (b) the accuracy of Centers for Disease Control and aspect of a larger effort focused on Prevention reducing healthcare associated AHRQ’s estimate of burden (including infections. The cost of developing the hours and costs) of the proposed [30 Day–08–07BO] data collection instruments by a collection(s) of information; (c) ways to onetime statistical support task order is enhance the quality, utility, and clarity Agency Forms Undergoing Paperwork $25,000. The costs of implementing the of the information to be collected; and Reduction Act Review data collection instruments and (d) ways to minimize the burden of the The Centers for Disease Control and analyzing and publishing the results are collection of information upon the Prevention (CDC) publishes a list of $108,650 annually. respondents, including the use of information collection requests under Finally, the estimated costs for federal automated collection techniques or review by the Office of Management and staff time for supporting the common other forms of information technology. Budget (OMB) in compliance with the data collection efforts are $24,000 Comments submitted in response to Paperwork Reduction Act (44 U.S.C. annually. Thus, the estimated annual this notice will be summarized and Chapter 35). To request a copy of these cost to the federal government is included in the Agency’s subsequent requests, call the CDC Reports Clearance $145,150. request for OMB approval of the Officer at (404) 639–5960 or send an Request for Comments proposed information collection. All e-mail to [email protected]. Send written comments to CDC Desk Officer, Office of comments will become a matter of In accordance with the above-cited Management and Budget, Washington, public record. Paperwork Reduction Act legislation, DC 20503 or by fax to (202) 395–6974. comments on AHRQ’s information Dated: March 25, 2008. Written comments should be received collection are requested with regard to Carolyn M. Clancy, within 30 days of this notice. any of the following: (a) Whether the Director. proposed collection of information is Proposed Project necessary for the proper performance of [FR Doc. E8–6761 Filed 4–2–08; 8:45 am] State of Pennsylvania Fire and Life AHRQ health care research, quality BILLING CODE 4160–90–M Safety Public Education Survey—New—
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Division of Unintentional Injury, with Healthy People 2010 objectives, asked to participate in a 35-item survey. National Center for Injury Prevention work to reduce and eliminate non-fatal Completed surveys will be returned and Control (NCIPC), Centers for and fatal injuries from residential fires. either on-line, through the mail, or by Disease Control and Prevention (CDC). The survey will be conducted with fax. Non-responding fire departments fire departments in Pennsylvania. The will be telephoned to confirm receipt of Background and Brief Description 2007 National Directory of Fire Chiefs & the survey and to encourage This project will involve conducting a EMS Administrators lists all fire participation. The telephone script for statewide survey of Pennsylvania fire departments in Pennsylvania along with this group is approximately 3 minutes. departments to identify current fire and their contact information. A stratified It is estimated that 260 out of the 654 life safety education programs, random sampling strategy will be used initially contacted fire departments will resources, and training needs. Survey to generate a study sample that includes complete the 30 minute survey, which findings will be used to develop an all career and combination (career/ is designed to collect information on the inventory of programs and resources, volunteer) fire departments and a scope and content of educational and to inform Pennsylvania’s fire and proportion of all volunteer fire programs and activities, training needs, life safety educators during future departments. An initial mailing will be and barriers to fire and life safety training programs. In the United States sent to the current postal addresses and education. each year, there are approximately existing e-mail addresses of selected fire There are no costs to respondents 400,000 residential fires, with 14,000 departments’ Fire Chiefs. This mailing except for their time to participate in the non-fatal and 3,000 fatal civilian will include a brief description of the surveys. injuries. The National Center of Injury study and instructions on how to submit The total estimated annualized Prevention and Control (NCIPC), in line the survey. Fire departments will be burden hours are 163.
ESTIMATED ANNUALIZED BURDEN HOURS
Average bur- Number of Number of den per Respondents Form name respondents responses per response respondent (in hours)
Pennsylvania Fire Chiefs ...... Telephone Script/ Follow-up ...... 654 1 3/60 Pennsylvania Fire and Life Safety Education 260 1 30/60 Survey.
Dated: March 28, 2008. Management Analysis and Services Office, DEPARTMENT OF HEALTH AND Maryam I. Daneshvar, CDC, pursuant to Public Law 92–463. HUMAN SERVICES (HHS) Acting Reports Clearance Officer, Centers for Matters to be Discussed: The meeting will Disease Control and Prevention. include the review, discussion, and Centers for Medicare & Medicaid [FR Doc. E8–6894 Filed 4–2–08; 8:45 am] evaluation of ‘‘Division of HIV/AIDS Services Prevention Laboratory Branch Intramural BILLING CODE 4163–18–P Research Programs.’’ Notice of Hearing: Reconsideration of Contact Person for More Information: Disapproval of Montana State Plan Amendment (SPA) 07–004 DEPARTMENT OF HEALTH AND Jeffrey A. Johnson, Ph.D., Designated Federal HUMAN SERVICES Officer, National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention, CDC, 1600 AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. Centers for Disease Control and Clifton Road NE., Mailstop G45, Atlanta, GA Prevention 30333, Telephone 404–639–4976. ACTION: Notice of Hearing. The Director, Management Analysis and Disease, Disability, and Injury Services Office, has been delegated the SUMMARY: This notice announces an Prevention and Control; Special authority to sign Federal Register notices administrative hearing to be held on Emphasis Panel (SEP): Division of HIV/ pertaining to announcements of meetings and May 20, 2008, at the CMS Denver AIDS Prevention Laboratory Branch other committee management activities, for Regional Office, 1600 Broadway, Suite Intramural Research Programs both CDC and the Agency for Toxic #700, Vail Conference Room, Denver, Substances and Disease Registry. Colorado 80202, to reconsider CMS’ In accordance with Section 10(a)(2) of Dated: March 26, 2008. decision to disapprove Montana SPA 07–004. the Federal Advisory Committee Act Elaine L. Baker, (Pub. L. 92–463), the Centers for Disease Closing Date: Requests to participate Control and Prevention (CDC) Director, Management Analysis and Services in the hearing as a party must be Office, Centers for Disease Control and received by the presiding officer by announces the aforementioned meeting. Prevention. April 18, 2008. Times and Dates: 8 a.m.–4 p.m., June 19, [FR Doc. E8–6885 Filed 4–2–08; 8:45 am] 2008 (Closed). 8:30 a.m.–4 p.m., June 20, FOR FURTHER INFORMATION CONTACT: BILLING CODE 4163–18–P 2008 (Closed). Kathleen Scully-Hayes, Presiding Place: Centers for Disease Control and Officer, CMS, 2520 Lord Baltimore Prevention, 1600 Clifton Road NE., Bldg 18 Drive, Suite L, Baltimore, Maryland Room 2–102, Atlanta, GA 30333 telephone 21244, Telephone: (410) 786–2055. 404–639–4976. Status: The meeting will be closed to the SUPPLEMENTARY INFORMATION: This public in accordance with provisions set notice announces an administrative forth in Section 552b(c)(4) and (6), Title 5 hearing to reconsider CMS’ decision to U.S.C., and the Determination of the Director, disapprove Montana SPA 07–004 which
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was submitted on May 24, 2007, and • Whether the State has demonstrated Clause of the Fourteenth Amendment of disapproved on January 4, 2008. that the proposed amendment is the Constitution and Title VI of the Civil Under this SPA, the State proposed to consistent with the Equal Protection Rights Act of 1964 (prohibiting eliminate cost sharing with respect to Clause of the Constitution and Title VI discrimination on the basis of race, Medicaid services for enrolled members of the Civil Rights Act of 1964. color, and national origin in federally of federally recognized American Indian Although the State asserted that it only assisted programs). The State submitted Tribes. CMS requested additional needed to show a ‘‘rational basis,’’ the a response, but that response did not information from Montana that would State did not demonstrate that this test establish such consistency. describe how the State’s proposal was has been applied in the same The proposed amendment was consistent with the Equal Protection circumstance by reviewing courts. disapproved because it is inconsistent Clause of the Fourteenth Amendment of Instead, it appears that the applicable with section 1902(a)(10)(B) of the Social the Constitution and Title VI of the Civil test is ‘‘strict scrutiny’’ and the State did Security Act (the Act). That provision Rights Act of 1964 (prohibiting not demonstrate the necessary requires that all categorically eligible discrimination on the basis of race, ‘‘compelling State interest’’ and that the individuals receive the same benefit color, and national origin in federally proposed action was narrowly tailored package, and that all individuals within assisted programs). The State submitted to meet that interest. a covered eligibility group receive the a response, but that response did not Section 1116 of the Act and Federal same benefit package. CMS concluded establish such consistency. regulations at 42 CFR Part 430, establish that the proposed exemption from cost The proposed amendment was Department procedures that provide an sharing by enrolled members of Tribes disapproved because it is inconsistent administrative hearing for would not be consistent with section with section 1902(a)(10)(B) of the Social reconsideration of a disapproval of a 1902(a)(10)(B) because it would result in Security Act (Act). That provision State plan or plan amendment. CMS is a greater amount, duration, and scope of requires that all categorically eligible required to publish a copy of the notice medical assistance available to Indians individuals receive the same benefit to a State Medicaid agency that informs than to other similarly situated non- package, and that all individuals within the agency of the time and place of the Indians. Moreover, CMS concluded that a covered eligibility group receive the hearing, and the issues to be considered. the State had not demonstrated that the same benefit package. CMS concluded If we subsequently notify the agency of proposed amendment was consistent that the proposed exemption from cost additional issues that will be considered with sections 1902(a)(4) and 1902(a)(19) sharing by enrolled members of Tribes at the hearing, we will also publish that of the Act, because the State had not would not be consistent with section notice. demonstrated that it was consistent with 1902(a)(10)(B) because it would result in Any individual or group that wants to the Equal Protection Clause and Title VI a greater amount, duration, and scope of participate in the hearing as a party of the Civil Rights Act. Sections medical assistance available to Indians must petition the presiding officer 1902(a)(4) and 1902(a)(19) of the Act than to other similarly situated non- within 15 days after publication of this require methods of administration Indians. Moreover, CMS concluded that notice, in accordance with the necessary for the ‘‘proper and efficient’’ the State had not demonstrated that the requirements contained at 42 CFR operation of the plan and provision of proposed amendment was consistent 430.76(b)(2). Any interested person or care and services in a manner with sections 1902(a)(4) and 1902(a)(19) organization that wants to participate as ‘‘consistent with the best interests of of the Act, because the State had not amicus curiae must petition the beneficiaries.’’ demonstrated that it was consistent with The hearing will involve the presiding officer before the hearing the Equal Protection Clause and Title VI following issues: begins in accordance with the of the Civil Rights Act. Sections • Whether the State’s proposed requirements contained at 42 CFR 1902(a)(4) and 1902(a)(19) of the Act amendment would result in a different 430.76(c). If the hearing is later require methods of administration amount, duration, and scope of medical rescheduled, the presiding officer will necessary for the ‘‘proper and efficient’’ assistance available for some notify all participants. operation of the plan and provision of categorically eligible individuals than The notice to Montana announcing an care and services in a manner other similarly situated individuals, and administrative hearing to reconsider the ‘‘consistent with the best interests of in a different amount, duration, and disapproval of its SPA reads as follows: beneficiaries.’’ scope of medical assistance for some The hearing will involve the Mr. John Chappuis, State Medicaid individuals in an eligibility group than following issues: Director, Montana Department of for others in the same group. The State’s • Whether the State’s proposed Public Health and Human Services, proposed amendment would provide a amendment would result in a different P.O. Box 4210, Helena, MT 59604– greater amount of medical assistance to amount, duration, and scope of medical 4210. Indians than non-Indians because the assistance available for some Dear Mr. Chappuis: medical assistance for Indian categorically eligible individuals than I am responding to your request for beneficiaries would be increased by the other similarly situated individuals, and reconsideration of the decision to amount that would otherwise be in a different amount, duration, and disapprove the Montana State plan collected through the imposition of cost scope of medical assistance for some amendment (SPA) 07–004, which was sharing. individuals in an eligibility group than submitted on May 24, 2007, and • Whether the State has demonstrated for others in the same group. The State’s disapproved on January 4, 2008. that the proposed amendment is proposed amendment would provide a Under this SPA, the State proposed to consistent with the Equal Protection greater amount of medical assistance to eliminate cost sharing with respect to Clause of the Constitution and Title VI Indians than non-Indians because the Medicaid services for enrolled members of the Civil Rights Act of 1964. medical assistance for Indian of federally recognized American Indian Although the State asserted that it only beneficiaries would be increased by the Tribes. CMS requested additional needed to show a ‘‘rational basis,’’ the amount that would otherwise be information from Montana that would State did not demonstrate that this test collected through the imposition of cost describe how the State’s proposal was has been applied in the same sharing. consistent with the Equal Protection circumstance by reviewing courts.
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Instead, it appears that the applicable DEPARTMENT OF HEALTH AND biobehavioral research in NIH test is ‘‘strict scrutiny’’ and the State did HUMAN SERVICES intramural laboratories or as extramural not demonstrate the necessary grantees for a minimum of 2 years (3 ‘‘compelling State interest’’ and that the National Institutes of Health years for the General Research LRP) in proposed action was narrowly tailored research areas supporting the mission Division of Loan Repayment; to meet that interest. and priorities of the NIH. Submission for OMB Review; The AIDS Research Loan Repayment I am scheduling a hearing on your Comment Request; National Institutes Program (AIDS–LRP) is authorized by request for reconsideration to be held on of Health Loan Repayment Programs Section 487A of the Public Health May 20, 2008, at the CMS Denver Service Act (42 U.S.C. 288–1); the Regional Office, 1600 Broadway, Suite Summary: In compliance with the requirement of Section 3506(c)(2)(A) of Clinical Research Loan Repayment #700, Vail Conference Room, Denver, the Paperwork Reduction Act of 1995, Program for Individuals from Colorado 80202, in order to reconsider the Division of Loan Repayment, the Disadvantaged Backgrounds (CR–LRP) the decision to disapprove SPA 07–004. National Institutes of Health (NIH), has is authorized by Section 487E (42 U.S.C. If this date is not acceptable, we would submitted to the Office of Management 288–5); the General Research Loan be glad to set another date that is and Budget (OMB) a request to review Repayment Program (GR–LRP) is mutually agreeable to the parties. The and approve the information collection authorized by Section 487C of the hearing will be governed by the listed below. This proposed information Public Health Service Act (42 U.S.C. procedures prescribed by Federal collection was previously published in 288–3); the Loan Repayment Program regulations at 42 CFR Part 430. the Federal Register on December 26, Regarding Clinical Researchers (LRP– I am designating Ms. Kathleen Scully- 2007, and allowed 60 days for public CR) is authorized by Section 487F (42 Hayes as the presiding officer. If these comment. No responses to the notice U.S.C. 288–5a); the Pediatric Research arrangements present any problems, were received. The purpose of this Loan Repayment Program (PR–LRP) is please contact the presiding officer at notice is to allow an additional 30 days authorized by Section 487F (42 U.S.C. 288–6); the Extramural Clinical (410) 786–2055. In order to facilitate any for public comment. The National Research LRP for Individuals from communication which may be necessary Institutes of Health may not conduct or Disadvantaged Backgrounds (ECR–LRP) between the parties to the hearing, sponsor, and the respondent is not required to respond to, an information is authorized by an amendment to please notify the presiding officer to Section 487E (42 U.S.C. 288–5); the indicate acceptability of the hearing collection that has been extended, revised, or implemented on or after Contraception and Infertility Research date that has been scheduled and October 1, 1995, unless it displays a LRP (CIR–LRP) is authorized by Section provide names of the individuals who currently valid OMB control number. 487B (42 U.S.C. 288–2); and the Health will represent the State at the hearing. Disparities Research Loan Repayment Sincerely, Proposed Collection Program (HD–LRP) is authorized by Title: National Institutes of Health Section 485G (42 U.S.C. 287c–33). Kerry Weems, Acting Administrator. Loan Repayment Programs. Type of The Loan Repayment Programs can Section 1116 of the Social Security Information Collection Request: repay up to $35,000 per year toward a Act (42 U.S.C. 1316; 42 CFR 430.18) Revision of a currently approved participant’s extant eligible educational (Catalog of Federal Domestic Assistance collection (OMB No. 0925–0361, loans, directly to lenders, in addition to program No. 13.714, Medicaid Assistance expiration date 06/30/08). Form salary and benefits. The information Program) Numbers: NIH 2674–1, NIH 2674–2, proposed for collection will be used by NIH 2674–3, NIH 2674–4, NIH 2674–5, the Division of Loan Repayment to Dated: March 26, 2008. NIH 2674–6, NIH 2674–7, NIH 2674–8, determine an applicant’s eligibility for Kerry Weems, NIH 2674–9, NIH 2674–10, NIH 2674– participation in the program. Frequency Acting Administrator, Centers for Medicare 11, NIH 2674–12, NIH 2674–13, NIH of Response: Initial application and & Medicaid Services. 2674–14, NIH 2674–15, NIH 2674–16, annual renewal application. Affected [FR Doc. E8–6867 Filed 4–2–08; 8:45 am] NIH 2674–17, NIH 2674–18, and NIH Public: Applicants, research BILLING CODE 4120–01–P 2674–19. Need and Use of Information supervisors, recommenders, Collection: The NIH makes available organizational contacts and financial financial assistance, in the form of institutions. Type of Respondents: educational loan repayment, to M.D., Physicians, other scientific or medical PhD., Pharm.D., D.D.S., D.M.D., D.P.M., personnel, and institutional D.C., and N.D. degree holders, or the representatives. The annual reporting equivalent, who perform biomedical or burden is as follows:
Estimated number of Average Annual Type of respondents Number of responses burden burden respondents per hours per hours respondent response requested
Intramural LRPs: Initial Applicants ...... 30 1 10.11 303.30 Advisors/Supervisors ...... 30 1 .5 15.00 Recommenders ...... 90 1 .33 29.70 Financial Institutions ...... 10 1 1.25 12.50
Subtotal ...... 160 ...... 360.50
Extramural LRPs:
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Estimated number of Average Annual Type of respondents Number of responses burden burden respondents per hours per hours respondent response requested
Initial Applicants ...... 1900 1 10.35 19,665.00 Advisors/Supervisors ...... 1750 1 .5 875.00 Recommenders ...... 5700 1 .33 1881.00 Financial Institutions ...... 300 1 1.25 375.00
Subtotal ...... 9650 ...... 22,796.00
Intramural LRPs: Renewal Applicants ...... 60 1 7.42 445.20 Advisors/Supervisors ...... 60 1 1.33 79.80
Subtotal ...... 120 ...... 525.00
Extramural LRPs: Renewal Applicants ...... 1225 1 8.58 10,510.50 Advisors/Supervisors ...... 925 1 1.00 925.00 Recommenders ...... 3675 1 .33 1212.75
Subtotal ...... 5825 ...... 12,648.25
Total ...... 15,755 ...... 36,329.75
The annualized cost to respondents is Regulatory Affairs, commercialization of results of estimated at $1,298,341. The annualized [email protected] or by federally-funded research and cost to the Federal Government for fax to 202–395–6974, Attention: Desk development. Foreign patent administering the Loan Repayment Officer for NIH. To request more applications are filed on selected Programs is expected to be information on the proposed project or inventions to extend market coverage $1,794,667.48. This cost includes to obtain a copy of the data collection for companies and may also be available administrative support by the Division plans and instruments, contact: Suman for licensing. of Loan Repayment and $440,039 for the King, PhD., Director, Division of Loan ADDRESSES: Licensing information and continuing development and Repayment, National Institutes of copies of the U.S. patent applications maintenance of the LRP Management Health, 6011 Executive Blvd., Room 206 listed below may be obtained by writing Information System/Online Application (MSC 7650), Bethesda, Maryland to the indicated licensing contact at the System (MIS/OAS). 20892–7650. Dr. King may be contacted Office of Technology Transfer, National Request For Comments: Written via e-mail at [email protected] or by Institutes of Health, 6011 Executive comments and/or suggestions from the calling 301–594–3234. Boulevard, Suite 325, Rockville, public and affected agencies should Comments Due Date: Comments Maryland 20852–3804; telephone: 301/ address one or more of the following regarding this information collection are 496–7057; fax: 301/402–0220. A signed points: (1) Whether the proposed best assured of having their full effect if Confidential Disclosure Agreement will collection of information is necessary received within 30 days of the date of be required to receive copies of the for the proper performance of the this publication. patent applications. function of the agency, including Dated: March 27, 2008. HPV Virus-Like Particles for Delivery of whether the information will have Raynard S. Kington, Gene-Based Vaccines practical utility; (2) the accuracy of the Deputy Director, NIH. agency’s estimate of the burden of the [FR Doc. E8–6857 Filed 4–2–08; 8:45 am] Description of Technology: The proposed collection of information, BILLING CODE 4140–01–P invention describes methods of eliciting including the validity of the immune responses and treating disease methodology and assumptions used; (3) based on novel vaccine compositions ways to enhance the quality, utility, and DEPARTMENT OF HEALTH AND and vaccination strategies employing clarity of the information to be HUMAN SERVICES human papilloma virus (HPV) virus-like collected; and (4) ways to minimize the particles (VLPs), comprising L1 and L2 burden of the collection of information National Institutes of Health proteins. These VLPs have the capacity on those who are to respond, including to incorporate up to 8 kb of DNA into the use of appropriate automated, Government-Owned Inventions; the shell and express only the target electronic, mechanical, or other Availability for Licensing antigen. These compositions are technological collection techniques or AGENCY: National Institutes of Health, effective at eliciting an immune other forms of information technology. Public Health Service, HHS. response to the transgene product Direct Comments to OMB: Written ACTION: Notice. expressed by the DNA when comments and/or suggestions regarding administered at epithelial surfaces the item(s) contained in this notice, SUMMARY: The inventions listed below including the mucosa (e.g. nasal or especially regarding the estimated are owned by an agency of the U.S. respiratory passages or genital tract) or public burden and associated response Government and are available for skin in conjunction with disruption of time, should be directed to the: Office licensing in the U.S. in accordance with the epithelial layer. It is typically of Management and Budget, Office of 35 U.S.C. 207 to achieve expeditious difficult to elicit an immune response in
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the genital tract, so this technology homologous and heterologous H5 U.S. Provisional Application No. 60/ overcomes a previous deficiency. challenge studies. One vaccine, a 872,071 filed 30 Nov 2006 (HHS Robust B and T cell responses were trivalent combination of H5 Reference No. E–326–2006/0–US–01). elicited in mice using the subject immunogens, was particularly effective PCT Application No. PCT/US2007/ technology with representative DNA in conferring protection. These vaccines 024625 filed 30 Nov 2007 (HHS expressing M/M2 from respiratory can be delivered intramuscularly or Reference No. E–326–2006/1–PCT–01). syncytial virus (RSV). This technology through needle-free delivery Licensing Status: Available for non- could be used in a prime-boost mechanism. exclusive or exclusive licensing. vaccination regimen as well to enhance Applications: Avian influenza vaccine Licensing Contact: Susan Ano, Ph.D.; the immune response. specifically designed for poultry and 301–435–5515; [email protected]. Applications: Vaccines against a other avian species. number of pathogens, including HPV, Advantages: Protects against Dated: March 25, 2008. HIV, HSV, HCV, and RSV. homologous and heterologous Steven M. Ferguson, Advantages: challenges; Needle-free delivery elicits Director, Division of Technology Development Novel, non-invasive vaccine strategy robust immune response. and Transfer, Office of Technology Transfer, to elicit both systemic and mucosal Development Status: Animal (mouse National Institutes of Health. immunity in typically poorly inductive and chicken) data available. [FR Doc. E8–6893 Filed 4–2–08; 8:45 am] sites. Inventors: Gary Nabel, Srinivas Rao, BILLING CODE 4140–01–P Packaging system that can Wing-pui Kong, Zhi-yong Yang, and accommodate up to 8 kb of DNA. Chih-jen Wei (VRC/NIAID). No expression of viral genes. Patent Status: DEPARTMENT OF HEALTH AND Potential for multivalent vaccine U.S. Provisional Application No. 61/ HUMAN SERVICES development against heterologous 021,586 filed 16 Jan 2008 (HHS pathogens. Reference No. E–050–2008/0–US–01). National Institutes of Health Development Status: Animal (mouse) U.S. Provisional Application No. 61/ data available. 023,341 filed 24 Jan 2008 (HHS National Institute of Allergy and Inventors: Barney S. Graham et al. Reference No. E–050–2008/1–US–01). Infectious Diseases; Notice of Meeting (NIAID) and John T. Schiller et al. (NCI). U.S. Patent No. 7,094,598 issued 22 Pursuant to section 10(a) of the Publications: Aug 2006 (HHS Reference No. E–241– Federal Advisory Committee Act, as 1. Meeting abstract from the Keystone 2001/1–US–01) and associated foreign amended (5 U.S.C. Appendix 2), notice Symposium on Viral Immunity 2008 rights (CMV/R vector). can be provided upon request. Licensing Status: Available for is hereby given of a meeting of the AIDS 2. CB Buck, DV Pastrana, DR Lowy, JT exclusive or non-exclusive licensing; Research Advisory Committee, NIAID. Schiller. Efficient intracellular assembly CMV/R vector is available on a non- The meeting will be open to the of papillomaviral vectors. J. Virol. 2004 exclusive basis only. public, with attendance limited to space Jan;78(2):751–757. Licensing Contact: Susan Ano, Ph.D.; available. Individuals who plan to Patent Status: U.S. Provisional 301–435–5515; [email protected]. attend and need special assistance, such Application No. 61/022,324 filed 19 Jan as sign language interpretation or other Codon Optimized Genes for Subunit 2008 (HHS Reference No. E–077–2008/ reasonable accommodations, should Vaccines 0–US–01). notify the Contact Person listed below Licensing Status: Available for Description of Technology: Available in advance of the meeting. exclusive or non-exclusive licensing. for licensing from the NIH are gene Name of Committee: AIDS Research Licensing Contact: Susan Ano, Ph.D.; constructs that express immunogenic Advisory Committee, NIAID; AIDS Vaccine 301–435–5515, [email protected]. proteins based on viral genes that have Research Subcommittee. Collaborative Research Opportunity: been optimized for expression in Date: May 30, 2008. The NIAID/OTD is seeking statements of mammalian cells. Using vaccine vectors Time: 8:30 a.m. to 5 p.m. capability or interest from parties expressing respiratory syncytial virus Agenda: To discuss the implication of interested in collaborative research to (RSV) proteins from the optimized recent vaccine trial results for future HIV genes, this technology was shown to vaccine development. further develop, evaluate, or Place: Betheda North Marriott Hotel and commercialize HPV Virus-Like Particles result in a potent RSV-specific cellular Conference Center, 5701 Marinelli Road, for Delivery of Gene-Based Vaccines. immune responses with favorable Rockville, MD 20852. Please contact either Cecelia Pazman or phenotypic patterns. This technology Contact Person: James A. Bradac, PhD, Barry Buchbinder at 301–496–2644 for was shown to generate a superior Program Official, Preclinical Research and more information. immune (both humoral and cellular) Development Branch, Division of AIDS, response when utilized as part of a Room 5116, National Institutes of Health/ Avian Influenza Vaccine heterologous vector prime-boost NIAID, 6700B Rockledge Drive, Bethesda, Description of Technology: Sustained regimen. Such optimized genes could be MD 20892–7628, 301–435–3754, outbreaks of highly pathogenic avian an important component of an effective [email protected]. influenza H5N1 in avian species RSV vaccine. Further, this optimization (Catalogue of Federal Domestic Assistance increase the risk of reassortment and could have possible application of to Program Nos. 93.855, Allergy, Immunology, adaptation to humans. The ability to and Transplantation Research; 93.856, other viral genes and their respective Microbiology and Infectious Diseases contain its spread in birds would reduce vaccines. Research, National Institutes of Health, HHS) this threat and help maintain the Applications: Vaccines; Improved capacity for egg-based vaccine protein expression. Dated: March 26, 2008. production. Development Status: Animal (mouse) Jennifer Spaeth, This technology describes DNA data available. Director, Office of Federal Advisory vaccines against avian influenza. These Inventors: Barney S. Graham and Committee Policy. vaccines were used to elicit antibodies Teresa R. Johnson (VRC/NIAID). [FR Doc. E8–6711 Filed 4–2–08; 8:45 am] in animals that were effective against Patent Status: BILLING CODE 4140–01–M
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DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 93.337, 93.393–93.396, 93.837–93.844, HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892 93.846–93.878, 93.392, 93.893, National (Telephone Conference Call). Institutes of Health, HHS) Contact Person: Lambratu Rahman, PhD, National Institutes of Health Dated: March 26, 2008. Review Officer, Center for Scientific Review, Jennifer Spaeth, Center for Scientific Review; Notice of National Institutes of Health, 6701 Rockledge Director, Office of Federal Advisory Closed Meetings Drive, Room 6214, MSC 7804, Bethesda, MD 20892, 301–451–3493, [email protected]. Committee Policy. [FR Doc. E8–6713 Filed 4–2–08; 8:45 am] Pursuant to section 10(d) of the Name of Committee: Center for Scientific Review Special Emphasis Panel; Multiscale BILLING CODE 4140–01–M Federal Advisory Committee Act, as Modeling. amended (5 U.S.C. Appendix 2), notice Date: May 21, 2008. is hereby given of the following Time: 8 a.m. to 6 p.m. DEPARTMENT OF HEALTH AND meetings. Agenda: To review and evaluate grant HUMAN SERVICES The meetings will be closed to the applications. Place: Georgetown Suites, 111 30th Street, National Institutes of Health public in accordance with the NW., Washington, DC 20007. provisions set forth in sections Contact Person: Malgorzata Kloesk, PhD, National Heart, Lung and Blood 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Officer, Center for as amended. The grant applications and Scientific Review, National Institutes of Institute; Notice of Closed Meetings the discussions could disclose Health, 6701 Rockledge Drive, Room 4188, Pursuant to section 10(d) of the confidential trade secrets or commercial MSC 7849, Bethesda, MD 20892, 301–435– Federal Advisory Committee Act, as 2211, [email protected]. property such as patentable material, amended (5 U.S.C. Appendix 2), notice and personal information concerning Name of Committee: Integrative, is hereby given of the following Functional and Cognitive Neuroscience; individuals associated with the grant meetings. applications, the disclosure of which Integrated Review Group, Cognitive Neuroscience Study Section. The meetings will be closed to the would constitute a clearly unwarranted Date: May 27–28, 2008. public in accordance with the invasions of personal privacy. Time: 8 a.m. to 5 p.m. provisions set forth in sections Notice of Committee: Center for Scientific Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Review Emphasis Panel; Urology PAR applications. as amended. The grant applications and Applications. Place: Hyatt Regency Bethesda, One the discussions could disclose Date: April 17, 2008. Bethesda Metro Center, 7400 Wisconsin confidential trade secrets or commercial Time: 4 p.m. to 5 p.m. Avenue, Bethesda, MD 20814. property such as patentable material, Agenda: To review and evaluate grant Contact Person: Judith A. Finkelstein, PhD, Scientific Review Officer, Center for and personal information concerning applications. individuals associated with the grant Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Health, 6701 Rockledge Drive, Room 5178, applications, the disclosure of which (Telephone Conference Call). MSC 7844, Bethesda, MD 20892, 301–435– would constitute a clearly unwarranted Contact Person: Ryan G. Morris, PhD, 1249, [email protected]. invasion of personal privacy. Scientific Review Officer, Center for Name of Committee: Molecular, Cellular Name of Committee: National Heart, Lung, Scientific Review, National Institutes of and Developmental Neuroscience Integrated and Blood Institute Special Emphasis Panel; Health, 6701 Rockledge Drive, Room 4205, Review Group; Neural Oxidative Metabolism Resource Related Research Project (U24). MSC 7814, Bethesda, MD 20892, 301–435– and Death Study Section. Date: April 22, 2008. 1501, [email protected]. Date: May 28–29, 2008. Time: 2 p.m. to 4 p.m. This notice is being published less than 15 Time: 8 a.m. to 6 p.m. Agenda: To review and evaluate grant days prior to the meeting due to the timing Agenda: To review and evaluate grant applications. limitations imposed by the review and applications. Place: National Institutes of Health, 6701 funding cycle. Place: The Drake Hotel, 140 East Walton Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific Place, Chicago, IL 60611. (Telephone Conference Call). Review Special Emphasis Panel; Nephrology Contact Person: Carol Hamelink, PhD, Contact Person: Patricia A. Haggerty, PhD, Applications PAR06–113. Scientific Review Administrator, Center for Scientific Review Administrator, Review Date: April 21, 2008. Scientific Review, National Institutes of Branch/DERA, National Heart, Lung, and Time: 4 p.m. to 6 p.m. Health, 6701 Rockledge Drive, Room 5040H, Blood Institute, 6701 Rockledge Drive, Room Agenda: To review and evaluate grant MSC 7850, Bethesda, MD 20892, 301–435– 7194, Bethesda, MD 20892–7924, 301–435– applications. 1328, [email protected]. 0288, [email protected]. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Name of Committee: National Heart, Lung, Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel; and Blood Institute Special Emphasis Panel; (Telephone Conference Call). Neuropsychiatric Mechanisms, Models and Pathway to Independence Award (K99). Contact Person: Ryan G. Morris, PhD, Pharmacology. Date: April 29, 2008. Scientific Review Officer, Center for Date: May 29, 2008. Time: 1:30 p.m. to 3:30 p.m. Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4205, Agenda: To review and evaluate grant applications. MSC 7814, Bethesda, MD 20892, 301–435– applications. Place: National Institutes of Health, 6701 1501, [email protected]. Place: The Fairmont Washington, DC, 2401 Rockledge Drive, Bethesda, MD 20892 This notice is being published less than 15 M Street, NW., Washington, DC 20037. (Telephone Conference Call). days prior to the meeting due to the timing Contact Person: Boris P. Sokolov, PhD, Contact Person: William J. Johnson, PhD, limitations imposed by the review and Scientific Review Officer, Center for Scientific Review Officer, Review Branch/ funding cycle. Scientific Review, National Institutes of DERA, National Heart, Lung, and Blood Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 5217A, Institute, 6701 Rockledge Drive, Room 7178, Review Special Emphasis Panel; Oncology MSC 7846, Bethesda, MD 20892, 301–435– Bethesda, MD 20892–7924, 301–435–0725, Area. 1197, [email protected]. [email protected]. Time: 11:30 a.m. to 2 p.m. (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Program Nos. 93.233, National Center for applications. 93.333, Clinical Research, 93.306, 93.333, Sleep Disorders Research; 93.837, Heart and
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Vascular Diseases Research; 93.838, Lung illegal entry into the United States. In U.S.C. 470 et seq.)), the Migratory Bird Diseases Research; 93.839, Blood Diseases Section 102(b) of IIRIRA, Congress has Treaty Act (16 U.S.C. 703 et seq.), the and Resources Research, National Institutes called for the installation of fencing, Clean Air Act (42 U.S.C. 7401 et seq.), of Health, HHS) barriers, roads, lighting, cameras, and the Archeological Resources Protection Dated: March 26, 2008. sensors on not less than 700 miles of the Act (Pub. L. 96–95, 16 U.S.C. 470aa et Jennifer Spaeth, southwest border, including priority seq.), the Safe Drinking Water Act (42 Director, Office of Federal Advisory miles of fencing that must be completed U.S.C. 300f et seq.), the Noise Control Committee Policy. by December 2008. Finally, in section Act (42 U.S.C. 4901 et seq.), the Solid [FR Doc. E8–6702 Filed 4–2–08; 8:45 am] 102(c) of the IIRIRA, Congress granted to Waste Disposal Act, as amended by the BILLING CODE 4140–01–M me the authority to waive all legal Resource Conservation and Recovery requirements that I, in my sole Act (42 U.S.C. 6901 et seq.), the discretion, determine necessary to Comprehensive Environmental DEPARTMENT OF HOMELAND ensure the expeditious construction of Response, Compensation, and Liability SECURITY barriers and roads authorized by section Act (42 U.S.C. 9601 et seq.), the 102 of IIRIRA. Archaeological and Historic Office of the Secretary I determine that the areas in the Preservation Act (Pub. L. 86–523, 16 vicinity of the United States border U.S.C. 469 et seq.), the Antiquities Act Determination Pursuant to Section 102 described on the attached document, (16 U.S.C. 431 et seq.), the Historic of the Illegal Immigration Reform and which is incorporated and made a part Sites, Buildings, and Antiquities Act (16 Immigrant Responsibility Act of 1996, hereof, are areas of high illegal entry U.S.C. 461 et seq.), the Wild and Scenic as Amended (collectively ‘‘Project Areas’’). These Rivers Act (Pub. L. 90–542, 16 U.S.C. Project Areas are located in the States of 1281 et seq.), the Farmland Protection AGENCY: Office of the Secretary, California, Arizona, New Mexico, and Department of Homeland Security. Policy Act (7 U.S.C. 4201 et seq.), the Texas. In order to deter illegal crossings Coastal Zone Management Act (Pub. L. ACTION: Notice of determination. in the Project Areas, there is presently 92–583, 16 U.S.C. 1451 et seq.), the a need to construct fixed and mobile SUMMARY: The Secretary of Homeland Wilderness Act (Pub. L. 88–577, 16 barriers (such as fencing, vehicle Security has determined, pursuant to U.S.C. 1131 et seq.), the Federal Land barriers, towers, sensors, cameras, and law, that it is necessary to waive certain Policy and Management Act (Pub. L. other surveillance, communication, and laws, regulations and other legal 94–579, 43 U.S.C. 1701 et seq.), the detection equipment) and roads in the requirements in order to ensure the National Wildlife Refuge System vicinity of the border of the United expeditious construction of barriers and Administration Act (Pub. L. 89–669, 16 States. In order to ensure the roads in the vicinity of the international U.S.C. 668dd–668ee), the Fish and expeditious construction of the barriers Wildlife Act of 1956 (Pub. L. 84–1024, land border of the United States. and roads that Congress prescribed in DATES: This Notice is effective on April 16 U.S.C. 742a, et seq.), the Fish and the IIRIRA in the Project Areas, which Wildlife Coordination Act (Pub. L. 73– 3, 2008. are areas of high illegal entry into the Determination and Waiver: I have a 121, 16 U.S.C. 661 et seq.), the United States, I have determined that it Administrative Procedure Act (5 U.S.C. mandate to achieve and maintain is necessary that I exercise the authority operational control of the borders of the 551 et seq.), the Otay Mountain that is vested in me by section 102(c) of Wilderness Act of 1999 (Pub. L. 106– United States. Public Law 109–367, § 2, the IIRIRA as amended. 145), Sections 102(29) and 103 of Title 120 Stat. 2638, 8 U.S.C. 1701 note. Accordingly, I hereby waive in their I of the California Desert Protection Act Congress has provided me with a entirety, with respect to the number of authorities necessary to construction of roads and fixed and (Pub. L. 103–433), 50 Stat. 1827, the accomplish this mandate. One of these mobile barriers (including, but not National Park Service Organic Act (Pub. authorities is found at section 102(c) of limited to, accessing the project area, L. 64–235, 16 U.S.C. 1, 2–4), the the Illegal Immigration Reform and creating and using staging areas, the National Park Service General Immigrant Responsibility Act of 1996 conduct of earthwork, excavation, fill, Authorities Act (Pub. L. 91–383, 16 (‘‘IIRIRA’’). Public Law 104–208, Div. C, and site preparation, and installation U.S.C. 1a–1 et seq.), Sections 401(7), 110 Stat. 3009–546, 3009–554 (Sept. 30, and upkeep of fences, roads, supporting 403, and 404 of the National Parks and 1996) (8 U.S.C 1103 note), as amended elements, drainage, erosion controls, Recreation Act of 1978 (Pub. L. 95–625), by the REAL ID Act of 2005, Public Law safety features, surveillance, Sections 301(a)–(f) of the Arizona Desert 109–13, Div. B, 119 Stat. 231, 302, 306 communication, and detection Wilderness Act (Pub. L. 101–628), the (May 11, 2005) (8 U.S.C. 1103 note), as equipment of all types, radar and radio Rivers and Harbors Act of 1899 (33 amended by the Secure Fence Act of towers, and lighting) in the Project U.S.C. 403), the Eagle Protection Act (16 2006, Public Law 109–367, § 3, 120 Stat. Areas, all federal, state, or other laws, U.S.C. 668 et seq.), the Native American 2638 (Oct. 26, 2006) (8 U.S.C. 1103 regulations and legal requirements of, Graves Protection and Repatriation Act note), as amended by the Department of deriving from, or related to the subject (25 U.S.C. 3001 et seq.), the American Homeland Security Appropriations Act, of, the following laws, as amended: The Indian Religious Freedom Act (42 U.S.C. 2008, Public Law 110–161, Div. E, Title National Environmental Policy Act 1996), the Religious Freedom V, Section 564, 121 Stat. 2090 (Dec. 26, (Pub. L. 91–190, 83 Stat. 852 (Jan. 1, Restoration Act (42 U.S.C. 2000bb), the 2007). In Section 102(a) of IIRIRA, 1970) (42 U.S.C. 4321 et seq.)), the National Forest Management Act of Congress provided that the Secretary of Endangered Species Act (Pub. L. 93– 1976 (16 U.S.C. 1600 et seq.), and the Homeland Security shall take such 205, 87 Stat. 884 (Dec. 28, 1973) (16 Multiple Use and Sustained Yield Act of actions as may be necessary to install U.S.C. 1531 et seq.)), the Federal Water 1960 (16 U.S.C. 528–531). additional physical barriers and roads Pollution Control Act (commonly This waiver does not supersede, (including the removal of obstacles to referred to as the Clean Water Act) (33 supplement, or in any way modify the detection of illegal entrants) in the U.S.C. 1251 et seq.)), the National previous waivers published in the vicinity of the United States border to Historic Preservation Act (Pub. L. 89– Federal Register on September 22, 2005 deter illegal crossings in areas of high 665, 80 Stat. 915 (Oct. 15, 1966) (16 (70 FR 55622), January 19, 2007 (72 FR
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2535), and October 26, 2007 (72 FR additional physical barriers and roads U.S.C. 1251 et seq.), the National 60870). (including the removal of obstacles to Historic Preservation Act (Pub. L. 89– I reserve the authority to make further detection of illegal entrants) in the 665, 80 Stat. 915 (Oct. 15, 1966) (16 waivers from time to time as I may vicinity of the United States border to U.S.C. 470 et seq.)), the Migratory Bird determine to be necessary to accomplish deter illegal crossings in areas of high Treaty Act (16 U.S.C. 703 et seq.), the the provisions of section 102 of the illegal entry into the United States. In Clean Air Act (42 U.S.C. 7401 et seq.), IIRIRA, as amended. Section 102(b) of the IIRIRA, Congress the Archeological Resources Protection Dated: April 1, 2008. has called for the installation of fencing, Act (Pub. L. 96–95, 16 U.S.C. 470aa et Michael Chertoff, barriers, roads, lighting, cameras, and seq.), the Safe Drinking Water Act (42 Secretary. sensors on not less than 700 miles of the U.S.C. 300f et seq.), the Noise Control southwest border, including priority [FR Doc. 08–1095 Filed 4–1–08; 2:03 pm] Act (42 U.S.C. 4901 et seq.), the Solid miles of fencing that must be completed BILLING CODE 4410–10–P Waste Disposal Act, as amended by the by December of 2008. Finally, in section Resource Conservation and Recovery 102(c) of the IIRIRA, Congress granted to Act (42 U.S.C. 6901 et seq.), the me the authority to waive all legal DEPARTMENT OF HOMELAND Comprehensive Environmental SECURITY requirements that I, in my sole discretion, determine necessary to Response, Compensation, and Liability Office of the Secretary ensure the expeditious construction of Act (42 U.S.C. 9601 et seq.), the barriers and roads authorized by section Archaeological and Historic Determination Pursuant to Section 102 102 of the IIRIRA. Preservation Act (Pub. L. 86–523, 16 of the Illegal Immigration Reform and I determine that the area in the U.S.C. 469 et seq.), the Antiquities Act Immigrant Responsibility Act of 1996, vicinity of the United States border as (16 U.S.C. 431 et seq.), the Historic as Amended described in the attached document, Sites, Buildings, and Antiquities Act (16 U.S.C. 461 et seq.), the Farmland AGENCY: Office of the Secretary, hereinafter the Project Area, which is Protection Policy Act (7 U.S.C. 4201 et Department of Homeland Security. incorporated and made a part hereof, is seq.), the Coastal Zone Management Act ACTION: Notice of determination. an area of high illegal entry. In order to deter illegal crossings in the Project (Pub. L. 92–583, 16 U.S.C. 1451 et seq.), SUMMARY: The Secretary of Homeland Area, there is presently a need to the Federal Land Policy and Security has determined, pursuant to construct fixed and mobile barriers and Management Act (Pub L. 94–579, 43 law, that it is necessary to waive certain roads in conjunction with U.S.C. 1701 et seq.), the National laws, regulations and other legal improvements to an existing levee Wildlife Refuge System Administration requirements in order to ensure the system in the vicinity of the border of Act (Pub. L. 89–669, 16 U.S.C. 668dd– expeditious construction of barriers and the United States as a joint effort with 668ee), the Fish and Wildlife Act of roads in the vicinity of the international Hidalgo County, Texas. In order to 1956 (Pub. L. 84–1024, 16 U.S.C. 742a, land border of the United States. ensure the expeditious construction of et seq.), the Fish and Wildlife DATES: This Notice is effective on April the barriers and roads that Congress Coordination Act (Pub. L. 73–121, 16 3, 2008. prescribed in the IIRIRA in the Project U.S.C. 661 et seq.), the Administrative Determination and Waiver: The Area, which is an area of high illegal Procedure Act (5 U.S.C. 551 et seq.), the Department of Homeland Security has a entry into the United States, I have Rivers and Harbors Act of 1899 (33 mandate to achieve and maintain determined that it is necessary that I U.S.C. 403), the Eagle Protection Act (16 operational control of the borders of the exercise the authority that is vested in U.S.C. 668 et seq.), the Native American United States. Public Law 109–367, me by section 102(c) of the IIRIRA as Graves Protection and Repatriation Act Section 2, 120 Stat. 2638, 8 U.S.C. 1701 amended. Accordingly, I hereby waive (25 U.S.C. 3001 et seq.), the American note. Congress has provided the in their entirety, with respect to the Indian Religious Freedom Act (42 U.S.C. Secretary of Homeland Security with a construction of roads and fixed and 1996), the Religious Freedom number of authorities necessary to mobile barriers (including, but not accomplish this mandate. One of these limited to, accessing the project area, Restoration Act (42 U.S.C. 2000bb), and authorities is found at section 102(c) of creating and using staging areas, the the Federal Grant and Cooperative the Illegal Immigration Reform and conduct of earthwork, excavation, fill, Agreement Act of 1977 (31 U.S.C. 6303– Immigrant Responsibility Act of 1996 and site preparation, and installation 05). (‘‘IIRIRA’’). Public Law 104–208, Div. C, and upkeep of fences, roads, supporting I reserve the authority to make further 110 Stat. 3009–546, 3009–554 (Sept. 30, elements, drainage, erosion controls, waivers from time to time as I may 1996) (8 U.S.C 1103 note), as amended safety features, surveillance, determine to be necessary to accomplish by the REAL ID Act of 2005, Public Law communication, and detection the provisions of section 102 of the 109–13, Div. B, 119 Stat. 231, 302, 306 equipment of all types, radar and radio IIRIRA, as amended. (May 11, 2005) (8 U.S.C. 1103 note), as towers, and lighting) in the Project Area, amended by the Secure Fence Act of all federal, state, or other laws, Dated: April 1, 2008. 2006, Public Law 109–367, Section 3, regulations and legal requirements of, Michael Chertoff, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. deriving from, or related to the subject Secretary. 1103 note), as amended by the of, the following laws, as amended: The [FR Doc. 08–1096 Filed 4–1–08; 2:03 pm] Department of Homeland Security National Environmental Policy Act BILLING CODE 4410–10–P Appropriations Act, 2008, Public Law (Pub. L. 91–190, 83 Stat. 852 (Jan. 1, 110–161, Div. E, Title V, Section 564, 1970) (42 U.S.C. 4321 et seq.)), the 121 Stat. 2090 (Dec. 26, 2007). In Endangered Species Act (Pub. L. 93– Section 102(a) of the IIRIRA, Congress 205, 87 Stat. 884) (Dec. 28, 1973) (16 provided that the Secretary of U.S.C. 1531 et seq.)), the Federal Water Homeland Security shall take such Pollution Control Act (commonly actions as may be necessary to install referred to as the Clean Water Act) (33
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DEPARTMENT OF HOMELAND Recreational Boating Safety Program Dated: March 27, 2008. SECURITY report. F.J. Sturm, (3) Executive Secretary’s report. Captain, U.S. Coast Guard, Deputy for Coast Guard (4) Chairman’s session. Prevention Policy. [Docket No. USCG–2008–0123] (5) TSAC Liaison’s report. [FR Doc. E8–6877 Filed 4–2–08; 8:45 am] (6) NAVSAC Liaison’s report. BILLING CODE 4910–15–P National Boating Safety Advisory (7) National Association of State Council Boating Law Administrators report. DEPARTMENT OF HOMELAND AGENCY: Coast Guard, DHS. (8) Report on upcoming national SECURITY ACTION: Notice of meetings. boating survey. (9) Prevention through People U.S. Customs and Border Protection SUMMARY: The National Boating Safety Subcommittee report. Advisory Council (NBSAC) and its (10) Boats and Associated Equipment Quarterly IRS Interest Rates Used in subcommittees on boats and associated Subcommittee report. Calculating Interest on Overdue equipment, prevention through people, (11) Recreational Boating Safety Accounts and Refunds on Customs and recreational boating safety strategic Duties planning will meet to discuss various Strategic Planning Subcommittee report. issues relating to recreational boating A more detailed agenda can be found AGENCY: Customs and Border Protection, safety. All meetings will be open to the at: http://www.uscgboating.org/nbsac/ Department of Homeland Security. nbsac.htm, after April 10, 2008. public. ACTION: General notice. DATES: NBSAC will meet on Friday, Prevention Through People April 25, 2008, from 7:30 a.m. to 1 p.m. Subcommittee: Discuss current SUMMARY: This notice advises the public and on Sunday, April 27, 2008, from regulatory projects, grants, contracts, of the quarterly Internal Revenue 7:30 a.m. to 12 p.m. The Boats and and new issues affecting the prevention Service interest rates used to calculate Associated Equipment Subcommittee of boating accidents through outreach interest on overdue accounts will meet on Friday, April 25, 2008, and education of boaters. (underpayments) and refunds from 2 p.m. to 5:30 p.m. The Boats and Associated Equipment (overpayments) of customs duties. For Recreational Boating Safety Strategic Subcommittee: Discuss current the calendar quarter beginning April 1, Planning Subcommittee will meet on regulatory projects, grants, contracts, 2008, the interest rates for overpayments Saturday, April 26, 2008 from 8 a.m. to and new issues affecting boats and will be 5 percent for corporations and 6 12 p.m. The Prevention through People associated equipment. percent for non-corporations, and the Subcommittee will meet on Saturday, Recreational Boating Safety Strategic interest rate for underpayments will be April 26, 2008, from 1 p.m. to 4:30 p.m. Planning Subcommittee: Discuss current 6 percent. This notice is published for These meetings may close early if all status of the strategic planning process the convenience of the importing public business is finished. On Saturday, April and any new issues or factors that could and Customs and Border Protection 26th, a Subcommittee meeting may start impact, or contribute to, the personnel. earlier if the preceding Subcommittee development of the strategic plan for the DATES: Effective Date: April 1, 2008. meeting has closed early. recreational boating safety program. FOR FURTHER INFORMATION CONTACT: Ron ADDRESSES: NBSAC will meet at the The Procedural Samoset, 220 Warrenton Street, Wyman, Revenue Division, Collection Rockport, ME 04856. The subcommittee All meetings are open to the public. and Refunds Branch, 6650 Telecom meetings will be held at the same These meetings may close early if all Drive, Suite #100, Indianapolis, Indiana address. Send written material and business is finished. At the Chairs’ 46278; telephone (317) 614–4516. requests to make oral presentations to discretion, members of the public may SUPPLEMENTARY INFORMATION: make oral presentations during the Mr. Jeff Ludwig, Executive Secretary of Background NBSAC, Commandant (CG–54221), U.S. meetings. If you would like to make an Coast Guard Headquarters, 2100 Second oral presentation at a meeting, please Pursuant to 19 U.S.C. 1505 and Street, SW., Washington, DC 20593– notify the Executive Secretary of your Treasury Decision 85–93, published in 0001. This notice is available on the request no later than Friday, April 4, the Federal Register on May 29, 1985 Internet at http://www.regulations.gov 2008. If you would like a copy of your (50 FR 21832), the interest rate paid on or at the Web site for the Boating Safety material distributed to each member of applicable overpayments or Division at http://www.uscgboating.org. the committee or subcommittee in underpayments of customs duties must FOR FURTHER INFORMATION CONTACT: Jeff advance of a meeting, please submit 30 be in accordance with the Internal Ludwig, Executive Secretary of NBSAC, copies to the Executive Secretary no Revenue Code rate established under 26 telephone 202–372–1061, fax 202–372– later than Friday, April 4, 2008. If you U.S.C. 6621 and 6622. Section 6621 was 1932. would like written material to be amended (at paragraph (a)(1)(B) by the SUPPLEMENTARY INFORMATION: Notice of distributed at the meeting, please Internal Revenue Service Restructuring these meetings is given under the submit at least 60 copies to the and Reform Act of 1998, Pub. L. 105– Federal Advisory Committee Act, 5 Executive Secretary no later than 206, 112 Stat. 685) to provide different U.S.C. App. (Pub. L. 92–463). Friday, April 18, 2008. interest rates applicable to overpayments: one for corporations and Information on Services for Individuals Tentative Agendas of Meetings one for non-corporations. With Disabilities National Boating Safety Advisory The interest rates are based on the Council (NBSAC): For information on facilities or Federal short-term rate and determined (1) Remarks—Mr. James P. Muldoon, services for individuals with disabilities by the Internal Revenue Service (IRS) on NBSAC Chairman; or to request special assistance at the behalf of the Secretary of the Treasury (2) Chief, Boating Safety Division meetings, contact the Executive on a quarterly basis. The rates effective Update on NBSAC Resolutions and Secretary as soon as possible. for a quarter are determined during the
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first-month period of the previous percent (6%). For corporate quarter beginning July 1, 2008, and quarter. overpayments, the rate is the Federal ending September 30, 2008. In Revenue Ruling 2008–10, the IRS short-term rate (3%) plus two For the convenience of the importing determined the rates of interest for the percentage points (2%) for a total of five public and Customs and Border calendar quarter beginning April 1, percent (5%). For overpayments made Protection personnel the following list 2008, and ending June 30, 2008. The by non-corporations, the rate is the of IRS interest rates used, covering the interest rate paid to the Treasury for Federal short-term rate (3%) plus three period from before July of 1974 to date, underpayments will be the Federal percentage points (3%) for a total of six to calculate interest on overdue short-term rate (3%) plus three percent (6%). These interest rates are accounts and refunds of customs duties, percentage points (3%) for a total of six subject to change for the calendar is published in summary format.
Corporate over- Under-payments Over-payments payments Beginning date Ending date (percent) (percent) (Eff. 1–1–99) (percent)
070174 ...... 063075 6 6 ...... 070175 ...... 013176 9 9 ...... 020176 ...... 013178 7 7 ...... 020178 ...... 013180 6 6 ...... 020180 ...... 013182 12 12 ...... 020182 ...... 123182 20 20 ...... 010183 ...... 063083 16 16 ...... 070183 ...... 123184 11 11 ...... 010185 ...... 063085 13 13 ...... 070185 ...... 123185 11 11 ...... 010186 ...... 063086 10 10 ...... 070186 ...... 123186 9 9 ...... 010187 ...... 093087 9 8 ...... 100187 ...... 123187 10 9 ...... 010188 ...... 033188 11 10 ...... 040188 ...... 093088 10 9 ...... 100188 ...... 033189 11 10 ...... 040189 ...... 093089 12 11 ...... 100189 ...... 033191 11 10 ...... 040191 ...... 123191 10 9 ...... 010192 ...... 033192 9 8 ...... 040192 ...... 093092 8 7 ...... 100192 ...... 063094 7 6 ...... 070194 ...... 093094 8 7 ...... 100194 ...... 033195 9 8 ...... 040195 ...... 063095 10 9 ...... 070195 ...... 033196 9 8 ...... 040196 ...... 063096 8 7 ...... 070196 ...... 033198 9 8 ...... 040198 ...... 123198 8 7 ...... 010199 ...... 033199 7 7 6 040199 ...... 033100 8 8 7 040100 ...... 033101 9 9 8 040101 ...... 063001 8 8 7 070101 ...... 123101 7 7 6 010102 ...... 123102 6 6 5 010103 ...... 093003 5 5 4 100103 ...... 033104 4 4 3 040104 ...... 063004 5 5 4 070104 ...... 093004 4 4 3 100104 ...... 033105 5 5 4 040105 ...... 093005 6 6 5 100105 ...... 063006 7 7 6 070106 ...... 123107 8 8 7 010108 ...... 033108 7 7 6 040108 ...... 063008 6 6 5
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Dated: March 28, 2008. DATES: Comments Due Date: May 5, accuracy of the agency’s estimate of the W. Ralph Basham, 2008. burden of the proposed collection of Commissioner, U.S. Customs and Border ADDRESSES: Interested persons are information; (3) Enhance the quality, Protection. invited to submit comments regarding utility, and clarity of the information to [FR Doc. E8–6845 Filed 4–2–08; 8:45 am] this proposal. Comments should refer to be collected; and (4) Minimize the BILLING CODE 9111–14–P the proposal by name and/or OMB burden of the collection of information approval Number (2577–0046) and on those who are to respond; including should be sent to: HUD Desk Officer, through the use of appropriate Office of Management and Budget, New automated collection techniques or DEPARTMENT OF HOUSING AND Executive Office Building, Washington, other forms of information technology, URBAN DEVELOPMENT DC 20503; fax: 202–395–6974. e.g., permitting electronic submission of FOR FURTHER INFORMATION CONTACT: responses. [Docket No. FR–5187–N–18] Lillian Deitzer, Reports Management This notice also lists the following information: Requirement for Contractors To Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Title of Proposal: Requirement for Provide Certificates of Insurance for Contractors to provide Certificates of Capital Program Projects Street, SW., Washington, DC 20410; e-mail Lillian Deitzer at Insurance for Capital Program Projects. AGENCY: Office of Public and Indian [email protected] or OMB Approval Number: 2577–0046. Housing, HUD. telephone (202) 402–8048. This is not a Form Numbers: None. ACTION: Notice. toll-free number. Copies of available Members of affected public: Business documents submitted to OMB may be or other for profit. SUMMARY: The proposed information obtained from Ms. Deitzer. Description of the Need for the collection requirement described below SUPPLEMENTARY INFORMATION: This Information and Its Proposed Use: has been submitted to the Office of notice informs the public that the Public Housing Agencies must obtain Management and Budget (OMB) for Department of Housing and Urban certificates of insurance from review, as required by the Paperwork Development has submitted to OMB a contractors and subcontractors before Reduction Act. The Department is request for approval of the Information beginning work under either the soliciting public comments on the collection described below. This notice development of a new low-income subject proposal. is soliciting comments from members of public housing project or the This collection is fundamental to the the public and affecting agencies modernization of an existing project. ongoing operations of the Congregate concerning the proposed collection of The certificates of insurance provide Housing Services Program (CHSP). The information to: (1) Evaluate whether the evidence that worker’s compensation Department monitors the proper use of proposed collection of information is and general liability, automobile ability grant funds according to statutory, necessary for the proper performance of insurance are in force before any regulatory, and administrative the functions of the agency, including construction work is started. requirements. The Grantees must meet whether the information will have Frequency of Submission: Quarterly, annual requirements. practical utility; (2) Evaluate the semi-annually, annually.
Number of × Annual × Hours per respondents responses response = Burden hours
Reporting Burden ...... 3,200 4 0.47 6,000
Total Estimated Burden Hours: 6,000. ACTION: Notice of Approved Tribal— of engaging in Class III gaming activities Status: Extension of a currency State Gaming Amendment. on Indian lands. This Amendment increases the overall limit of allowable approved collection. SUMMARY: This notice publishes an Class III machines and increases the Authority: Section 3507 of the Paperwork Approval of the Amendment to Interim maximum payout per machine. The Reduction Act of 1995, 44 U.S.C. 35, as Compact between the Chippewa Cree amended. Tribe of the Rocky Boy’s Reservation Amendment is approved. Dated: March 28, 2008. and the State of Montana regarding Dated: March 25, 2008. Lillian L. Deitzer, Class III Gaming on the Rocky Boy’s Carl J. Artman, Departmental Paperwork Reduction Act Reservation. Assistant Secretary—Indian Affairs. Officer, Office of the Chief Information EFFECTIVE DATE: April 3, 2008. [FR Doc. E8–6884 Filed 4–2–08; 8:45 am] Officer. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4310–4N–P [FR Doc. E8–6930 Filed 4–2–08; 8:45 am] George T. Skibine, Director, Office of BILLING CODE 4210–67–P Indian Gaming, Office of the Deputy Assistant Secretary—Policy and DEPARTMENT OF THE INTERIOR Economic Development, Washington, DC 20240, (202) 219–4066. Bureau of Indian Affairs DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: Under Land Acquisitions; Skokomish Indian Bureau of Indian Affairs Section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Public Tribe, Washington Indian Gaming Law 100–497, 25 U.S.C. § 2710, the Secretary of the Interior shall publish in AGENCY: Bureau of Indian Affairs, AGENCY: Bureau of Indian Affairs, the Federal Register notice of approved Interior. Interior. Tribal—State compacts for the purpose
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ACTION: Notice of Final Agency Excepting therefrom right-of-way for media, newsletters and the Idaho BLM Determination to take land into trust U.S. Highway 101. Web site (listed below) at least 15 days under 25 CFR part 151. Parcel No. 42102 23 00012. prior to the first meeting once specific Together with and subject to a dates and locations are finalized. SUMMARY: The Assistant Secretary— perpetual, non-exclusive easement for Throughout the planning process, the Indian Affairs made a final agency ingress, egress, drainage and utilities, 20 public will be given opportunities to determination to acquire approximately feet in width, as described in instrument participate through workshops and open 0.94 acres of land into trust for the recorded January 30, 1979, Auditor’s house meetings. Workshops will Skokomish Indian Tribe of Washington File No. 356506. Situated in Mason provide the public an opportunity to on March 14, 2008. This notice is County, Washington. Containing 0.94 work with BLM in (1) identifying the published in the exercise of authority acres, more or less. full range of issues to be addressed in delegated by the Secretary of the Interior Dated: March 25, 2008. the RMP/EIS and (2) developing the to the Assistant Secretary—Indian alternatives to be analyzed in the EIS. Carl J. Artman, Affairs by 209 Departmental Manual 8.1. BLM will also provide an opportunity FOR FURTHER INFORMATION CONTACT: Assistant Secretary—Indian Affairs. for public review upon publication of George Skibine, Director, Office of [FR Doc. E8–6878 Filed 4–2–08; 8:45 am] the Draft RMP/EIS. Indian Gaming, MS–3657 MIB, 1849 C BILLING CODE 4310–4N–P ADDRESSES: You may submit comments Street, NW., Washington, DC 20240; by any of the following methods: Telephone (202) 219–4066. • Web site: http://www.blm.gov/id/st/ SUPPLEMENTARY INFORMATION: This DEPARTMENT OF THE INTERIOR en/fo/four_rivers/Planning/four_rivers notice is published to comply with the _ Bureau of Land Management resource.html. requirement of 25 CFR part 151.12(b) • E-mail: [email protected]. that notice be given to the public of the [ID–110–1610–DG–053D–DBG081008] • Fax: 208–384–3493. Secretary’s decision to acquire land in • Mail: Bureau of Land Management, trust at least 30 days prior to signatory Notice of Intent To Prepare a Resource Attn: RMP Project Manager, Four Rivers acceptance of the land into trust. The Management Plan for the Four Rivers Field Office, 3948 Development purpose of the 30-day waiting period in Field Office (Idaho) and Associated Avenue, Boise, ID 83705. 25 CFR 151.12(b) is to afford interested Environmental Impact Statement Before including your address, phone parties the opportunity to seek judicial AGENCY: Bureau of Land Management, number, e-mail address or other review of final administrative decisions Department of the Interior. personal identifying information in your to take land in trust for Indian tribes and comment, you should be aware that ACTION: Notice of intent. individual Indians before transfer of your entire comment—including your title to the property occurs. On March SUMMARY: Pursuant to Section 202 of the personal identifying information—may 14, 2008, the Assistant Secretary— Federal Land Policy and Management be made publicly available at any time. Indian Affairs decided to accept Act of 1976 (FLPMA) and Section 102 While you can ask us in your comment approximately 0.94 acres of land into (2)(C) of the National Environmental to withhold your personal identifying trust for the Skokomish Indian Tribe of Policy Act of 1969 (NEPA), the Bureau information from public review, we Washington under the authority of the of Land Management (BLM) Four Rivers cannot guarantee that we will be able to Indian Reorganization Act of 1934, 25 Field Office (FRFO), Boise, Idaho do so. All submissions from U.S.C. 465. The 0.94 acre parcel is intends to prepare a RMP with an organizations or businesses and located within the exterior boundaries associated EIS for the Four Rivers individuals identifying themselves as of the Skokomish Indian Tribe in Mason Planning Area. Publication of this notice representatives of organizations or County, Washington. The parcel is also initiates a public scoping period to businesses will be made available for currently used for the Tribe’s gaming extend until 15 days after the last public public inspection in their entirety. facility. No change in the use is scoping meeting. RMPs are the basic Documents pertinent to this proposal anticipated following conveyance of the land use documents used by the BLM may be examined at the Four Rivers parcel to the United States in trust for Field Office at the above address. the Tribe. The property is located that guide land use decisions and management actions on public lands. FOR FURTHER INFORMATION: For further adjacent/contiguous to the location of information and/or to have your name the Lucky Dog Casino and its parking RMP level decisions establish goals and added to the mailing list, contact lot, which are already held in trust. The objectives (i.e. desired future Jonathan Beck, FRFO RMP Project legal description of the property is as conditions), the measures needed to Manager, Four Rivers Field Office, at the follows: achieve those goals and objectives and All that portion of the Southeast the parameters for resource use on BLM address above. Telephone: 208–384– 3300 or e-mail: Quarter (SE1⁄4) of the Southwest Quarter lands. This RMP will replace the 1988 [email protected]. (SW1⁄4) of the Northwest Quarter Cascade RMP and portions of the 1983 (NW1⁄4) AND of Indian Lot twenty-three Kuna Management Framework Plan SUPPLEMENTARY INFORMATION: The (23), all in Section two (2), township (MFP) and the 1987 Jarbidge RMP. The planning area is located in southwestern twenty-one (21) North, Range four (4) Snake River Birds of Prey National Idaho’s Ada, Adams, Boise, Canyon, West, W.M., particularly described as Conservation Area (NCA), located in the Elmore, Gem, Payette, Valley and follows: FRFO, is being addressed in a separate, Washington counties, encompassing Beginning at a point 16.20 chains East comprehensive RMP currently available approximately 783,000 public land of the quarter Section post on the West as a Final EIS. acres administered by the BLM. The line of said Section two (2), which point DATES: The BLM will announce public planning area includes all of the FRFO is a post 30 feet East of the center of US scoping meetings pursuant to 43 CFR located outside the Snake River Birds of Highway 101; thence North 2° 15′ East, 1610.2 (BLM Planning Regulations) and Prey National Conservation Area (NCA), 175 feet; thence west 235 feet; thence 40 CFR 1501.7 (NEPA Regulations) to and encompasses an area extending South 2° 15′ West, 175 feet; thence identify relevant issues. Meetings will north of the Snake River from West, 235 feet to the point of beginning. be announced through local news approximately Glenns Ferry in the
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southeast, west to Weiser, and north to development. After gathering public DATES: This naming will be in effect the McCall. Much of the planning area is comments on which issues the plan date this notice appears in the Federal comprised of interspersed sections of should address, the suggested issues Register. public, private, State or Forest Service will be evaluated for their applicability ADDRESSES: Additional information lands. While the FRFO includes the to the planning process and categorized regarding the naming and the public approximately one half million acre into one of following categories: lands affected by it may be obtained by NCA, along about 81 miles of the Snake 1. Issues to be resolved in the plan; written request to the BLM Cody Field River, the NCA is managed under its 2. Issues to be resolved through policy Office, P.O. Box 518, Cody, Wyoming own comprehensive RMP. The Four or administrative action; or 82414; or by visiting the BLM Cody Rivers RMP will fulfill the needs and 3. Issues beyond the scope of this Field Office, 1002 Blackburn Avenue, obligations set forth by the National plan. Cody, Wyoming, during its business Environmental Policy Act (NEPA), the This evaluation and categorization hours (7:45 a.m. to 4:30 p.m., Monday Federal Land Policy and Management will be described in the plan with through Friday, except holidays). Act (FLPMA) and BLM management associated rationale. In addition to the FOR FURTHER INFORMATION CONTACT: policies. The BLM will work issues to be resolved in the plan, a Mike Stewart, Field Manager, BLM, collaboratively with interested parties to number of management questions and Cody Field Office, P.O. Box 518, 1002 identify the management decisions best concerns will also be addressed. The Blackburn Avenue, Cody, Wyoming suited to local, regional and national public is encouraged to help identify 82414. Mr. Stewart may also be needs and concerns. these questions and concerns during the contacted by telephone at (307) 578– The purpose of the public scoping scoping period. 5900. process is to determine relevant issues The BLM will use an interdisciplinary that will influence the scope of the SUPPLEMENTARY INFORMATION: In June approach to develop the plan. In order environmental analysis and EIS 2003, the BLM acquired approximately to consider the variety of resource issues alternatives. These issues also guide the 8,200 acres of land on and near Little and concerns identified, specialists with planning process. You may submit Mountain, approximately 15 miles east expertise in the disciplines comments on issues and planning of Lovell, Wyoming. The land was corresponding to the issues listed above criteria, in writing, to the BLM at any previously part of the Devils Canyon will be represented and utilized in the public scoping meeting or you may Ranch. Acquisition of the land planning process. submit them to the BLM using one of improved access to thousands of acres the methods listed in the ADDRESSES Dated: March 27, 2008. of State, BLM-administered public, and section above. To be most helpful, you David Wolf, National Forest System lands on the should submit formal scoping Associate District Manager. western slope of the Bighorn Mountains. comments within 15 days after the last [FR Doc. E8–6901 Filed 4–2–08; 8:45 am] Funding for the first phase of the acquisition was made through a $4 public meeting. BILLING CODE 4310–GG–P Preliminary issues and management million congressional appropriation concerns have been identified by BLM from the Land and Water Conservation personnel, other agencies, and DEPARTMENT OF THE INTERIOR Fund Act and by a $100,000 donation individuals and user groups. They from the Rocky Mountain Elk represent BLM’s knowledge to date Bureau of Land Management Foundation. An additional 3,000 acres regarding existing issues and concerns are being held by the Trust for Public with current land management. The [WY–020–08–1220–DA] Land, a national land conservation preliminary issues that will be group, for transfer to the BLM at a later addressed in this planning effort Notice of Intent To Name a Geographic date. When the transfer occurs, these include: land tenure adjustments, lands Location the Craig Thomas Little lands would automatically become part and realty management, special status Mountain Special Management Area, of the Craig Thomas Little Mountain species management, recreation Big Horn County, WY Special Management Area. management, public access and The area proposed for naming offers transportation, livestock grazing AGENCY: Bureau of Land Management, a variety of recreational and educational management, wild and scenic river Interior. opportunities and sites of historic, evaluations, riparian-wetland ACTION: Notice of intent. cultural, and paleontological interest. management, upland vegetation Portions of the area lie within the Little management, noxious weed SUMMARY: The Bureau of Land Mountain ACEC and the West Slope management, wildfire management, Management (BLM) announces its intent SRMA, as established in the Cody social and economic sustainability of to name an area of the public lands Resource Management Plan (RMP). The local communities, and mineral and administered by the Cody Field Office. RMP restricts vehicular travel to energy exploration and development. These lands include the Little Mountain designated roads and trails within the In addition, the BLM also requests Area of Critical Environmental Concern area administered by the Cody Field public input for nominations considered (ACEC), a portion of the West Slope Office. The specific routes designated worthy of Area of Critical Special Recreation Management Area for travel were established by an Environmental Concern (ACEC) (SRMA), and recently acquired lands Activity Plan and its implementation is designation. To be considered as a near Little Mountain. In recognition of currently in progress. potential ACEC, an area must meet the the late United States Senator Craig The following described lands are criteria of relevance and importance as Thomas’ support and assistance in included: Approximately 69,253 acres established and defined at 43 CFR furthering public land management in of BLM-managed public land in 1610.72. There are nine ACECs and six the area administered by the BLM Cody Townships 56 through 58 North, and ACEC/Research Natural Areas within Field Office, this notice announces that Ranges 92 through 94 West, 6th the Four Rivers Planning Area. All those public lands collectively will be Principal Meridian lying north of U.S. ACEC nominations within the planning known as the ‘‘Craig Thomas Little Highway Alternate 14 (14A), south of area will be evaluated during RMP Mountain Special Management Area’’. the Montana state line, east of the
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Bighorn Canyon National Recreation formal council meeting will have time persons are advised that information on Area, and west of the Bighorn National allocated for public comments. this matter can be obtained by Forest. Depending on the number of persons contacting the Commission’s TDD wishing to speak, and the time James K. Murkin, terminal on (202) 205–1810. available, the time for individual Acting Associate State Director. comments may be limited. Members of SUPPLEMENTARY INFORMATION: The [FR Doc. E8–6936 Filed 4–2–08; 8:45 am] the public are welcome on field tours, Commission instituted this investigation BILLING CODE 4310–22–P but they must provide their own on December 12, 2007, based on a transportation and lunch. Individuals complaint filed by SanDisk Corporation. who plan to attend and need special The complaint alleges violations of DEPARTMENT OF THE INTERIOR assistance, such as sign language section 337 of the Tariff Act of 1930 (19 Bureau of Land Management interpretation and other reasonable U.S.C. 1337) in the importation into the accommodations, should contact the United States, the sale for importation, [CA–310–0777–XG] BLM as provided above. and the sale within the United States after importation of certain flash Notice of Public Meeting: Northwest Dated: March 28, 2008. memory controllers, drives, memory California Resource Advisory Council Joseph J. Fontana, Public Affairs Officer. cards, media players, and products AGENCY: Bureau of Land Management, [FR Doc. E8–6888 Filed 4–2–08; 8:45 am] containing the same by reason of Interior. BILLING CODE 4310–40–P infringement of various claims of five ACTION: Notice of public meeting. United States patents. The complaint names nearly fifty respondents. SUMMARY: In accordance with the Federal Land Policy and Management INTERNATIONAL TRADE On March 6, 2008, complainant Act of 1976 (FLPMA), and the Federal COMMISSION SanDisk filed an unopposed motion to Advisory Committee Act of 1972 [Investigation No. 337–TA–619] amend the notice of investigation to (FACA), the U. S. Department of the correct the names of certain respondents Interior, Bureau of Land Management In the Matter of Certain Flash Memory pursuant to Commission Rule 210.14(b). (BLM) Northwest California Resource Controllers, Drives, Memory Cards, SanDisk asserts that there is no dispute Advisory Council will meet as indicated and Media Players and Products as to which parties are named in the below. Containing Same; Notice of notice of investigation, but that the DATES: The meeting will be held Commission Decision Not To Review following three errors should be Wednesday and Thursday, June 11 and an Initial Determination Granting corrected with regard to the names of 12, 2008, in Weaverville, California. On Complainant’s Motion to Amend the the respondents in the notice of June 11, the council convenes at 10 a.m. Notice of Investigation investigation: ‘‘Chipsbank Technology in the parking area of the Weaverville AGENCY: U.S. International Trade (Shenzhen) Co., Ltd.’’ should be Victorian Inn, 2051 Main St., and Commission. changed to ‘‘Chipsbank Technologies departs for a field tour of Trinity County ACTION: Notice. (Shenzhen) Co., Ltd.;’’ ‘‘Chipsbank public lands managed by the BLM Microelectronics Co., Ltd.’’ should be Redding Field Office. On June 12, the SUMMARY: Notice is hereby given that changed to ‘‘Shenzhen Chipsbank meeting begins at 8 a.m. in the the U.S. International Trade Microelectronics Co., Ltd.;’’ and ‘‘Dane- Conference Room of the Weaverville Commission has determined not to Elec Memory S.A.’’ should be changed Victorian Inn. The council will take review an initial determination (‘‘ID’’) to ‘‘Dane Memory S.A., d/b/a Dane-Elec public comments at 11 a.m. (Order No. 25) issued by the presiding Memory S.A.’’ FOR FURTHER INFORMATION CONTACT: Rich administrative law judge (‘‘ALJ’’) in the Burns, BLM Ukiah Field Office above-referenced investigation granting On March 12, 2008, the ALJ granted manager, (707) 468–4000; or BLM complainant’s motion to amend the SanDisk’s motion, finding good cause to Public Affairs Officer Joseph J. Fontana, notice of investigation. amend the notice of investigation to (530) 252–5332. FOR FURTHER INFORMATION CONTACT: reflect the corrected corporate names. SUPPLEMENTARY INFORMATION: The 12- Michelle Walters, Office of the General No petitions for review were filed. member council advises the Secretary of Counsel, U.S. International Trade The Commission has determined not the Interior, through the BLM, on a Commission, 500 E Street, SW., to review the ALJ’s ID. variety of planning and management Washington, DC 20436, telephone (202) The authority for the Commission’s issues associated with public land 708–5468. Copies of non-confidential determination is contained in section management in Northwest California. At documents filed in connection with this 337 of the Tariff Act of 1930, as this meeting, agenda topics include a investigation are or will be available for amended (19 U.S.C. 1337), and in discussion of shooting area inspection during official business section 210.42 of the Commission’s management, support for BLM’s use of hours (8:45 a.m. to 5:15 p.m.) in the Rules of Practice and Procedure (19 CFR California Conservation Corps crews, an Office of the Secretary, U.S. update on access issues at South Cow International Trade Commission, 500 E 210.42). Mountain, land use planning at Lack’s Street, SW., Washington, DC 20436, Issued: March 28, 2008. Creek and an update on management of telephone (202) 205–2000. General By order of the Commission. the Sacramento River Bend Area of information concerning the Commission Marilyn R. Abbott, Critical Environmental Concern. may also be obtained by accessing its Secretary to the Commission. Members will also hear status reports on Internet server at http://www.usitc.gov. activities in the Arcata, Redding and The public record for this investigation [FR Doc. E8–6869 Filed 4–2–08; 8:45 am] Ukiah field offices’ areas of jurisdiction. may be viewed on the Commission’s BILLING CODE 7020–02–P Members of the public may present electronic docket (EDIS) at http:// written comments to the council. Each edis.usitc.gov. Hearing-impaired
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DEPARTMENT OF JUSTICE www.usdoj.gov/enrd/ applications for exemption from the Consent_Decrees.html. A copy of the prohibited transaction provisions of Notice of Lodging of Consent Decree proposed Consent Decree may also be section 408(a) of the Employee Under the Comprehensive obtained by mail from the Consent Retirement Income Security Act of 1974 Environmental Response, Decree Library, P.O. Box 7611, U.S. (ERISA) (29 CFR 2570.30, et seq.). A Compensation and Liability Act Department of Justice, Washington, DC copy of the information collection (CERCLA) 20044–7611 or by faxing or e-mailing a request (ICR) can be obtained by request to Tonia Fleetwood contacting the individual shown in the Notice is hereby given that on March ([email protected]), fax no. ADDRESSES section of this notice or at 28, 2008, a proposed Consent Decree in (202) 514–0097, phone confirmation no. http://www.RegInfo.gov. United States v. Atlanta Gas Light (202) 514–1547. In requesting a copy Company, et al., Civil Action No. 6:08– DATES: Written comments must be from the Consent Decree Library, please cv–00442–ACC–GJK (M.D. Fla.), was submitted to the office shown in the enclose a check in the amount of $13.75 lodged with the United States District ADDRESSES section on or before June 2, (25 cents per page reproduction cost) for 2008. Court for the Middle District of Florida. a copy exclusive of appendices, or The proposed Consent Decree resolves ADDRESSES: G. Christopher Cosby, $110.75 (25 cents per page reproduction Department of Labor, Employee Benefits the United States’ claims against: cost) for a copy including appendices Atlanta Gas Light Company; City of Security Administration, 200 payable to the ‘‘U.S. Treasury’’ or, if by Constitution Avenue, NW., Washington, Sanford; Florida Power & Light e-mail or fax, forward a check in that Company; Florida Power Corporation; DC 20210, (202) 693–8410, Fax (202) amount to the Consent Decree Library at 693–4745 (these are not toll-free and Florida Public Utilities Company the stated address. (collectively the ‘‘Settling Defendants’’), numbers). for cost recovery and injunctive relief Henry S. Friedman, SUPPLEMENTARY INFORMATION: under Sections 106 and 107 of CERCLA, Assistant Section Chief, Environmental I. Background 42 U.S.C. 9606 and 9607, relating to the Enforcement Section, Environment and release or threatened release of Natural Resources Division. Section 408(a) of ERISA provides that hazardous substances into the [FR Doc. E8–6854 Filed 4–2–08; 8:45 am] the Secretary may grant exemptions environment at or from the Sanford BILLING CODE 4410–15–P from the prohibited transaction Gasification Plant Superfund provisions of sections 406 and 407(a) of Alternative Site (‘‘Site’’) located in ERISA and directs the Secretary to Sanford, Seminole County, Florida. DEPARTMENT OF LABOR establish an exemption procedure with The Consent Decree requires Settling respect to such provisions. In this Defendants to undertake the remedial Employee Benefits Security regard, the Department previously action selected by the United States Administration issued a regulation which describes the Environmental Protection Agency for procedures that must be followed in the Site and to reimburse the United Proposed Extension of Information filing for such exemptions (29 CFR Collection Request Submitted for States for all of the government’s past 2570.30 et seq.). Under section 408(a) of Public Comment; Procedure for cost and future oversight cost incurred ERISA, in order for the Secretary to Application for Exemption From the or to be incurred, plus interest, in grant an exemption, it must be Prohibited Transaction Provisions of connection with the remedial action at determined that such exemption is ‘‘(1) Section 408(a) of the Employee the Site. The estimated value of the cash Administratively feasible; (2) in the Retirement Security Act (ERISA) payments and work performed by the interests of the plan and its participants Settling Defendants that the United AGENCY: Employee Benefits Security and beneficiaries; and (3) protective of States will receive under the terms of Administration, Department of Labor. the rights of participants and the Consent Decree is $12,703,224.58. ACTION: Notice. beneficiaries.’’ In order to make such The Department of Justice will receive determination, the Department requires for a period of thirty (30) days from the SUMMARY: The Department of Labor, as full information regarding all aspects of date of this publication comments part of its continuing effort to reduce the transaction, including the specific relating to the proposed Consent Decree. paperwork and respondent burden, circumstances surrounding the Comments should be addressed to the conducts a preclearance consultation transaction, and the parties and assets Assistant Attorney General, program to provide the general public involved. Thus, sections 2570.34 and Environment and Natural Resources and Federal agencies with an 2570.35 of the exemption procedures Division, and either e-mailed to opportunity to comment on proposed regulation lists the information that [email protected] or and continuing collections of must be supplied by the applicant. This mailed to P.O. Box 7611, U.S. information in accordance with the information includes: Identifying Department of Justice, Washington, DC Paperwork Reduction Act of 1995 (PRA information (name, type of plan, EIN 20044–7611, and should refer to United 95). This program helps to ensure that number, etc.); an estimate of the number States v. Atlanta Gas Light Company, et requested data can be provided in the of plan participants; a detailed al., D.J. Ref. 90–11–2–07157. desired format, reporting burden (time description of the transaction and the The proposed Consent Decree may be and financial resources) is minimized, parties for which an exemption is examined at the United States collection instruments are clearly requested; statements regarding what Attorney’s Office, 500 W. Church Street, understood, and the impact of collection section of ERISA is thought to be in Suite 300, Orlando, FL 33805, and the requirements on respondents can be violation and whether the transaction(s) United States Environmental Protection properly assessed. Currently, the involved have already been entered Agency, Region 4, 61 Forsyth Street, Employee Benefits Security into; a statement of whether the Atlanta, GA 30303. During the public Administration is soliciting comments transaction is customary in the industry; comment period, the Consent Decree on the proposed extension of the a statement of the hardship or economic may also be examined on the following information collection provisions loss, if any, which would result if the Department of Justice Web site, http:// included in the procedure for exemption were denied; a statement
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explaining why the proposed exemption Title: Procedure for Application for initiate the planning process each year. would be administratively feasible, in Prohibited Transaction Exemption The requirements of the reporting and the interests of the plan and protective Regulation pursuant to 29 CFR 2570.30, data collection process itself remain of the rights of plan participants and et seq. unchanged from year to year. beneficiaries; and several other Type of Review: Extension of a Copies of the SQSP Handbook may be statements. In addition, the applicant currently approved collection of obtained by contacting the addressee must certify that the information information. below. The Handbook is also available supplied is accurate and complete. OMB Number: 1210–0060. electronically at http:// Section 408(a) of ERISA requires that Affected Public: Individuals or www.workforcesecurity.doleta.gov. before granting an exemption from households; business or other for-profit; A copy of the proposed information 406(a) the Secretary ‘‘shall require that not-for-profit institutions. collection request (ICR) can be obtained adequate notice be given to interested Respondents: 84. by contacting the office listed below in parties, and shall afford interested Responses: 143. the addressee section of this notice or by persons opportunity to present views.’’ Average Response time: 25 hours. accessing: http://www.doleta.gov/ Thus, section 2570.43 of the exemption Estimated Total Burden Hours: 0. OMBCN/OMBControlNumber.cfm. procedures regulation requires that the Estimated Total Burden Dollars: DATES: Submit comments to the office applicant for an exemption provide $373,000. listed in the addressee section below on interested persons with a copy of the Joseph S. Piacentini, or before June 2, 2008. Federal Register notice containing the Director, Office of Policy and Research, ADDRESSES: Submit comments to proposed exemption and a statement Employee Benefits Security Administration. Delores A. Mackall, Office of Workforce which informs them of their right to [FR Doc. E8–6767 Filed 4–1–08; 8:45 am] Security, Employment and Training comment on the proposed exemption. Administration, U.S. Department of BILLING CODE 4510–29–P Labor, Room S–4231, 200 Constitution II. Review Focus Avenue, NW., Washington, DC 20210; The Department of Labor DEPARTMENT OF LABOR telephone: 202–693–3183 (this is not a (Department) is particularly interested toll-free number), fax: 202–693–3975 or in comments that: Employment and Training by e-mail: [email protected]. • Evaluate whether the proposed Administration SUPPLEMENTARY INFORMATION: collection of information is necessary I. Background: As part of UI Performs, for the proper performance of the Proposed Information Collection a comprehensive performance functions of the agency, including Request for the Unemployment management system implemented in whether the information will have Insurance (UI) State Quality Service 1995 for the UI program, SQSP is the practical utility; Plan (SQSP); Comment Request principal vehicle that state UI agencies • Evaluate the accuracy of the use to plan, record and manage program AGENCY: Employment and Training agency’s estimate of the burden of the improvement efforts as they strive for Administration, Department of Labor. proposed collection of information, excellence in service. The SQSP which including the validity of the ACTION: Notice. serves as the State Plan for the UI methodology and assumptions used; program is also the grant agreement. The • SUMMARY: The Department of Labor, as Enhance the quality, utility, and statutory basis for the SQSP is Title III, clarity of the information to be part of its continuing effort to reduce paperwork and respondent burden section 302 of the Social Security Act, collected; and which authorizes the Secretary of Labor • conducts a preclearance consultation Minimize the burden of the to provide funds to administer the UI program to provide the general public collection of information on those who programs, and sections 303(a)(8) and (9) and Federal agencies with an are to respond, including through the which govern the expenditures of those opportunity to comment on proposed use of appropriate automated, funds. The SQSP represents an and/or continuing collections of electronic, mechanical, or other approach to tie program performance information in accordance with a technological collection techniques or with the budget and planning process. other forms of information technology, provision of the Paperwork Reduction II. Desired Focus of Comments: e.g., permitting electronic submissions Act of 1995 at 44 U.S.C. 3506(c)(2)(A). Currently, the Department of Labor is of responses. This program helps to ensure that soliciting comments concerning the requested data can be provided in the III. Current Actions proposed extension collection of the UI desired format, reporting burden (time SQSP. The Department is particularly The Office of Management and and financial resources) is minimized, interested in comments which: Budget’s (OMB) approval of this ICR collection instruments are clearly • Evaluate whether the proposed will expire on July 31, 2008. After understood, and the impact of collection collection of information is necessary considering comments received in requirements on respondents can be for the proper performance of the response to this notice, the Department properly assessed. Currently, the functions of the agency, including intends to submit the ICR to OMB for Employment and Training whether the information will have continuing approval. No change to the Administration (ETA) is soliciting practical utility; existing ICR is proposed or made at this comments concerning the proposed • Evaluate the accuracy of the time. extension of the State Quality Service agency’s estimate of the burden of the Comments submitted in response to Plan (SQSP). proposed collection of information, this notice will be summarized and/or Guidelines for completion and including the validity of the included in the request for OMB submittal of the SQSP are contained in methodology and assumptions used; approval of the information collection ETA Handbook 336, 18th Edition. Fiscal • Enhance the quality, utility, and request; they will also become a matter year-specific information such as DOL’s clarity of the information to be of public record. strategic goals and program areas that collected; and Agency: Employee Benefits Security warrant special attention will be • Minimize the burden of the Administration, Department of Labor. provided in an advisory that will collection of information on those who
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are to respond, including through the Outreach (ACVETEO) was established accompanied by proof of service on the use of appropriate automated, pursuant to Title II of the Veterans’ applicant, in the form of an affidavit or, electronic, mechanical, or other Housing Opportunity and Benefits for lawyers, a certificate of service. technological collection techniques, or Improvement Act of 2006 (Pub. L. 109– Hearing requests should state the nature other forms of information technology, 233) and section 9 of the Federal of the writer’s interest, the reason for the e.g., permitting electronic submission of Advisory Committee Act (FACA) (Pub. request, and the issues contested. responses. L. 92–462, Title 5 U.S.C. app. II). The Persons who wish to be notified of a III. Current Actions: ETA proposes to ACVETEO’s authority is codified in hearing may request notification by extend this clearance with no change in Title 38 U.S. Code, section 4110. writing to the Secretary, U.S. Securities burden hours. States will describe in a The ACVETEO is responsible for and Exchange Commission, 100 F single narrative: Performance related to assessing employment and training Street, NE., Washington, DC 20549– the Government Performance Results needs of veterans; determining the 1090. Act (GPRA) goals; results of any extent to which the programs and FOR FURTHER INFORMATION CONTACT: customer satisfaction surveys (optional), activities of the Department of Labor Diane L. Titus at (202) 551–6810, SEC, and actions planned to correct meet these needs; and assisting in Division of Investment Management, deficiencies in program performance, carrying out outreach to employers Office of Investment Company reporting, Benefits Accuracy seeking to hire veterans. Regulation, 100 F Street, NE., Measurement (BAM), and the Tax The Advisory Committee on Veterans’ Washington, DC 20549–4041. Performance System (TPS). Actions Employment, Training and Employer planned to correct deficiencies for Outreach will meet on Wednesday, May Skyline Funds [File No. 811–5022] Secretary Standards, Core Measures, 21st, from 8 a.m. to 4 p.m. at the U.S. Summary: Applicant seeks an order and the Data Validation (DV) program Department of Labor, 200 Constitution declaring that it has ceased to be an are expected to be addressed in Avenue, NW., Washington, DC 20210. investment company. On December 31, corrective action plans. States are The committee will discuss programs 2007, applicant transferred its assets to requested to submit the SQSP and the assisting veterans seeking employment Skyline Special Equities Portfolio, a required signature page electronically. and raising employer awareness as to series of Managers AMG Funds, based Type of Review: Extension, without the advantages of hiring veterans with on net asset value. Expenses of $393,155 change. special emphasis on the guard/reserve incurred in connection with the Agency: Employment and Training and transition programs. reorganization were paid by Managers Administration. Individuals needing special Investment Group LLC, the acquiring Title: Unemployment Insurance State accommodations should notify Bill fund’s investment adviser, and Skyline Quality Service Plan (SQSP). Offutt at (202) 693–4717 by May 9, Asset Management, L.P., applicant’s OMB Number: 1205–0132. 2008. Affected Public: State Workforce investment adviser. Agencies (SWAs). Signed in Washington, DC, this 27th day of Filing Dates: The application was Total Respondents: 53. March 2008. filed on March 7, 2008, and amended on Frequency: Annually. John M. McWilliam, March 26, 2008. Average Time per Response: 3.14 Deputy Assistant Secretary, Veterans Applicant’s Address: 311 South hours. Employment and Training. Wacker Dr., Suite 4500, Chicago, IL Number of Annual Responses: 583. [FR Doc. E8–6754 Filed 4–2–08; 8:45 am] 60606. Estimated Total Burden Hours: 1829 BILLING CODE 4510–79–P Excelsior Private Equity Fund II, Inc. hours. [File No. 811–8149] Estimated Total Burden Cost: $0. Comments submitted in response to Summary: Applicant, a closed-end this notice will be summarized and/or SECURITIES AND EXCHANGE investment company, seeks an order included in the request for OMB COMMISSION declaring that it has ceased to be an approval of the information collection [Release No. IC–28227] investment company. On October 29, request; they will also become a matter 2007, applicant made a final liquidating of public record. Notice of Applications for distribution to its shareholders, based Deregistration under Section 8(f) of the Dated: March 4, 2008. on net asset value. Expenses of $475,230 Investment Company Act of 1940 incurred in connection with the Cheryl Atkinson, liquidation were paid by applicant and Administrator, Office of Workforce Security. March 28, 2008. UST Advisers, Inc., applicant’s [FR Doc. E8–6890 Filed 4–2–08; 8:45 am] The following is a notice of investment adviser. BILLING CODE 4510–FW–P applications for deregistration under Filing Dates: The application was section 8(f) of the Investment Company filed on January 29, 2008, and amended Act of 1940 for the month of March, on March 26, 2008. DEPARTMENT OF LABOR 2008. A copy of each application may be Applicant’s Address: 225 High Ridge obtained for a fee at the SEC’s Public Rd., Stamford, CT 06905. Veterans’ Employment and Training Reference Branch (tel. 202–551–5850). Service An order granting each application will The Munder @Vantage Fund [File No. 811–9937] Office of the Assistant Secretary for be issued unless the SEC orders a Veterans’ Employment and Training; hearing. Interested persons may request Summary: Applicant, a closed-end The Advisory Committee on Veterans’ a hearing on any application by writing investment company, seeks an order Employment, Training and Employer to the SEC’s Secretary at the address declaring that it has ceased to be an Outreach (ACVETEO); Notice of Open below and serving the relevant investment company. On December 14, Meeting applicant with a copy of the request, 2007, applicant transferred its assets to personally or by mail. Hearing requests Munder Internet Fund, a series of The Advisory Committee on Veterans’ should be received by the SEC by 5:30 Munder Series Trust, based on net asset Employment, Training and Employer p.m. on April 22, 2008, and should be value. Expenses of approximately
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$155,530 incurred in connection with Private Asset Management Fund [File outstanding expenses. After these the reorganization were paid by Munder No. 811–21049] expenses have been paid, remaining Capital Management, applicant’s Summary: Applicant seeks an order monies will be distributed pro rata to investment adviser. Applicant has declaring that it has ceased to be an the common shareholders. retained approximately $14,200 in cash investment company. On December 27, Filing Dates: The application was to pay certain outstanding liabilities. 2007, applicant made a liquidating filed on January 30, 2008, and amended Filing Dates: The application was distribution to its shareholders based on on March 11, 2008. Applicant’s Address: c/o Skadden, filed on March 3, 2008, and amended on net asset value. Expenses of $2,540 Arps, Slate, Meagher & Flom LLP, Four March 26, 2008. incurred in connection with the Times Sq., New York, NY 10036. Applicant’s Address: 480 Pierce St., liquidation were paid by Private Asset Birmingham, MI 48009. Management, Inc., applicant’s Atlas Insurance Trust [File No. 811– investment adviser. 8041] Dreyfus Balanced Fund, Inc. [File No. Filing Date: The application was filed 811–7068] Summary: Applicant seeks an order on February 25, 2008. declaring that it has ceased to be an Summary: Applicant seeks an order Applicant’s Address: 11995 El investment company. On February 26, declaring that it has ceased to be an Camino Real, Suite 303, San Diego, CA 2007, applicant made a liquidating investment company. On December 17, 92130. distribution to its shareholders, based 2004, applicant transferred its assets to Alliance All-Market Advantage Fund, on net asset value. Applicant incurred Dreyfus Premier Balanced Opportunity Inc. [File No. 811–8702] no expenses in connection with the Fund, a corresponding series of Dreyfus Summary: Applicant, a closed-end liquidation. Premier Manager Funds II, based on net Filing Dates: The application was investment company, seeks an order asset value. Expenses of $64,000 filed on December 19, 2007, and declaring that it has ceased to be an incurred in connection with the amended on January 31, 2008. reorganization were paid by The investment company. On February 1, Applicant’s Address: 794 Davis Street, Dreyfus Corporation, applicant’s 2008, applicant transferred its assets to San Leandro, CA 94577. investment adviser. AllianceBernstein Large Cap Growth Fund, Inc., based on net asset value. For the Commission, by the Division of Filing Dates: The application was Investment Management, pursuant to Expenses of $260,000 incurred in filed on January 30, 2008, and amended delegated authority. connection with the reorganization were on March 20, 2008. Florence E. Harmon, paid by applicant. Applicant’s Address: c/o The Dreyfus Filing Date: The application was filed Deputy Secretary. Corporation, 200 Park Ave., New York, on February 21, 2008. [FR Doc. E8–6873 Filed 4–2–08; 8:45 am] NY 10166. Applicant’s Address: 1345 Avenue of BILLING CODE 8011–01–P SEI Index Funds [File No. 811–4283] the Americas, New York, NY 10105. Summary: Applicant seeks an order Oppenheimer Emerging Technologies SECURITIES AND EXCHANGE declaring that it has ceased to be an Fund [File No. 811–9845] COMMISSION investment company. On September 14, Summary: Applicant seeks an order [Investment Company Act Release No. 2007, applicant transferred its assets to declaring that it has ceased to be an 28228; 812–13368] S&P 500 Index Fund, a series of SEI investment company. On October 26, Institutional Managed Trust, based on 2007, applicant transferred its assets to Kohlberg Capital Corporation; Notice net asset value. Expenses of $148,500 Oppenheimer Capital Appreciation of Application incurred in connection with the Fund, based on net asset value. March 28, 2008. reorganization were paid by applicant Expenses of approximately $102,108 AGENCY: Securities and Exchange and SEI Investment Management incurred in connection with the Commission (the ‘‘Commission’’). Corporation, applicant’s investment reorganization were paid by applicant. adviser. Filing Date: The application was filed ACTION: Notice of an application for an order under section 61(a)(3)(B) of the Filing Date: The application was filed on March 11, 2008. Investment Company Act of 1940 (the on March 3, 2008. Applicant’s Address: 6803 South Tucson Way, Centennial, CO 80112. ‘‘Act’’). Applicant’s Address: One Freedom Valley Dr., Oaks, PA 19456. Fortress Pinnacle Investment Fund LLC SUMMARY OF APPLICATION: Applicant, [File No. 811–21232] HBI Equity Trust, Series 1 [File No. Kohlberg Capital Corporation 811–8184] Summary: Applicant, a closed-end (‘‘Kohlberg Capital’’), requests an order investment company, seeks an order approving the proposal to grant stock Summary: Applicant, a unit declaring that it has ceased to be an options to directors who are not also investment trust, seeks an order investment company. On November 27, employees or officers of Kohlberg declaring that it has ceased to be an 2007, applicant distributed to its Capital (the ‘‘Non-Employee Directors’’) investment company. On May 15, 2001, preferred shareholders cash payments under its 2008 Non-Employee Director applicant made a liquidating equal to the face amount of their Plan (the ‘‘Plan’’). distribution to its unitholders, based on securities plus preferred dividends FILING DATES: The application was filed net asset value. Applicant incurred no accrued. On January 22, 2008, applicant on February 27, 2007, and amended on expenses in connection with the made a liquidating distribution to its February 13, 2008, and March 21, 2008. liquidation. common shareholders, based on net Applicants have agreed to file an Filing Date: The application was filed asset value. Expenses of $195,000 amendment to the application during on February 19, 2008. incurred in connection with the the notice period, the substance of Applicant’s Address: 222 South liquidation will be paid by applicant. which is reflected in this notice. Riverside Plaza, 7th Floor, Chicago, IL Applicant has retained approximately HEARING OR NOTIFICATION OF HEARING: An 60606. $260,159 in cash to cover the order granting the application will be
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issued unless the Commission orders a have an external investment adviser 4. Under the terms of the Plan, the hearing. Interested persons may request within the meaning of section 2(a)(20) of exercise price of an option will not be a hearing by writing to the the Act. less than the current market value of, or Commission’s Secretary and serving 2. Kohlberg Capital requests an order if no such market value exists, the applicant with a copy of the request, under section 61(a)(3)(B) of the Act that current net asset value per share of, personally or by mail. Hearing requests would approve the proposal under the Kohlberg Capital’s Common Stock on should be received by the Commission Plan to issue stock options to Non- the date of the issuance of the option.3 by 5:30 p.m. on April 22, 2008, and Employee Directors to purchase shares Options granted under the Plan will should be accompanied by proof of of Kohlberg Capital’s common stock, expire within ten years from the date of service on applicant, in the form of an $0.01 par value per share (‘‘Common grant and may not be assigned or affidavit or, for lawyers, a certificate of Stock’’). Kohlberg Capital has a seven transferred other than by will or the service. Hearing requests should state member Board, four of whom are not laws of descent and distribution. the nature of the writer’s interest, the ‘‘interested persons’’ (as defined in 5. Kohlberg Capital’s officers and reason for the request, and the issues section 2(a)(19) of the Act) employees have been eligible to receive contested. Persons who wish to be (‘‘Disinterested Directors’’). The Non- options under Kohlberg Capital’s 2006 notified of a hearing may request Employee Directors are all Disinterested equity incentive plan under which Non- notification by writing to the Directors, but it is possible that Employee Directors are not entitled to Commission’s Secretary. Kohlberg Capital may have Non- participate (the ‘‘Employee Plan’’). As of ADDRESSES: Secretary, U.S. Securities Employee Directors in the future who December 31, 2007, Kohlberg Capital are interested persons of Kohlberg had 18,017,699 shares of Common Stock and Exchange Commission, 100 F 4 Street, NE., Washington, DC 20549– Capital.2 The Board approved the Plan outstanding. The 75,000 shares of 1090; Applicant, 295 Madison Avenue, on February 5, 2008. Kohlberg Capital’s Kohlberg Capital’s Common Stock that 6th Floor, New York, NY, 10017. shareholders will vote on the Plan at its may be issued to Non-Employee Directors under the Plan represent FOR FURTHER INFORMATION CONTACT: 2008 annual meeting of shareholders. 3. Kohlberg Capital’s Non-Employee 0.42% of Kohlberg Capital’s outstanding Bruce R. MacNeil, Senior Counsel, at voting securities as of December 31, (202) 551–6817, or Julia Kim Gilmer, Directors are eligible to receive stock options under the Plan. The Plan 2007. As of the same date, Kohlberg Branch Chief, at (202) 551–6821 Capital had no outstanding warrants or (Division of Investment Management, provides for the issuance of a maximum of 75,000 shares of Kohlberg Capital’s rights to purchase its voting securities Office of Investment Company and the amount of voting securities that Regulation). Common Stock, in the aggregate, to Non-Employee Directors. The Plan also would result from the exercise of all SUPPLEMENTARY INFORMATION: The provides that each Non-Employee outstanding options issued to Kohlberg following is a summary of the Director will automatically be granted Capital’s officers and employees under application. The complete application is options to purchase 5,000 shares of the Employee Plan would be 1,315,000 available for a fee at the Public Kohlberg Capital’s Common Stock on shares of Common Stock, or Reference Desk, U.S. Securities and the date of each annual meeting of approximately 7.30% of Kohlberg Exchange Commission, 100 F Street, shareholders of Kohlberg Capital during Capital’s outstanding voting securities. NE., Washington, DC 20549–0102 the term of the Plan. One-half of the Applicant’s Legal Analysis (telephone 202–551–5850). grant of options will vest immediately 1. Section 63(3) of the Act permits a and the remaining one-half of the grant Applicant’s Representations BDC to sell its common stock at a price of options will vest on the earlier of (a) below current net asset value upon the 1. Kohlberg Capital, a Delaware the first anniversary of the date of the exercise of any option issued in corporation, is a business development grant, or (b) the date immediately accordance with section 61(a)(3). company (‘‘BDC’’) within the meaning preceding the next annual meeting of 1 Section 61(a)(3)(B) provides, in of section 2(a)(48) of the Act. Kohlberg shareholders. A Non-Employee Director pertinent part, that a BDC may issue to Capital provides debt and equity growth who is appointed to serve on the Board its non-employee directors options to capital to privately-held middle market outside the annual election cycle will purchase its voting securities pursuant companies and its investment objective automatically be granted options for a to an executive compensation plan, is to generate current income and number of shares of Common Stock provided that: (a) The options expire by capital appreciation from the equal to the product of (x) the number their terms within ten years; (b) the investments made by those companies of full months remaining until the next exercise price of the options is not less in senior secured term loans, mezzanine annual meeting of shareholders divided than the current market value of the debt and selected equity investments. by 12 and (y) 5,000. One-half of the pro- underlying securities at the date of the Kohlberg Capital may also invest in rata grant will vest immediately and the issuance of the options, or if no market loans to larger, publicly traded remaining one-half of the pro-rata grant exists, the current net asset value of the companies, high-yield bonds, distressed on the earlier of (a) the first anniversary voting securities; (c) the proposal to debt securities and debt and equity of the preceding annual meeting of issue the options is authorized by the securities issued by collateralized debt shareholders, or (b) the date BDC’s shareholders, and is approved by obligation funds. Kohlberg Capital’s immediately preceding the next annual order of the Commission upon business and affairs are managed under meeting of shareholders. the direction of its board of directors application; (d) the options are not transferable except for disposition by (‘‘Board’’). Kohlberg Capital does not 2 Each Non-Employee Director receives an annual fee of $25,000, $500 for each committee meeting 1 Section 2(a)(48) defines a BDC to be any closed- attended, and reimbursement of reasonable out-of- 3 Under the Plan, ‘‘current market value’’ is the end investment company that operates for the pocket expenses incurred in attending Board closing price of the Common Stock on the NASDAQ purpose of making investments in securities meetings. Each Non-Employee Director who serves Global Select Market on the date the option is described in sections 55(a)(1) through 55(a)(3) of the as chairperson of a Board committee receives an granted. Act and makes available significant managerial additional $5,000 per year, except that the 4 Kohlberg Capital’s Common Stock constitutes assistance with respect to the issuers of such chairperson of the audit committee receives $10,000 the only voting security of applicant currently securities. per year. outstanding.
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gift, will or intestacy; (e) no investment result from the exercise of all 19(b)(3)(A)(i) of the Act 4 and Rule 19b– adviser of the BDC receives any outstanding options issued to its officers 4(f)(1) thereunder,5 which renders the compensation described in section and employees under the Employee proposal effective upon filing with the 205(a)(1) of the Investment Advisers Act Plan would be 1,315,000 shares of Commission. The Commission is of 1940, except to the extent permitted Kohlberg Capital’s Common Stock, or publishing this notice to solicit by clause (b)(1) or (b)(2) of that section; approximately 7.30% of its outstanding comments on the proposed rule change, and (f) the BDC does not have a profit- voting securities as of December 31, as modified by Amendment No. 1, from sharing plan as described in section 2007, which is below the percentage interested persons. 57(n) of the Act. limitations in the Act. Kohlberg Capital 2. In addition, section 61(a)(3) asserts that, given the relatively small I. Self-Regulatory Organization’s provides that the amount of the BDC’s amount of Common Stock issuable to Statement of the Terms of Substance of voting securities that would result from Non-Employee Directors upon their the Proposed Rule Change the exercise of all outstanding warrants, exercise of options under the Plan, the CBOE proposes to implement the options, and rights at the time of exercise of such options would not, second phase of the expansion of the issuance may not exceed 25% of the absent extraordinary circumstances, BDC’s outstanding voting securities, have a substantial dilutive effect on the industry-wide Penny Pilot Program. The except that if the amount of voting net asset value of Kohlberg Capital’s text of the proposed rule change is securities that would result from the Common Stock. available on the Exchange’s Web site exercise of all outstanding warrants, (http://www.cboe.org/legal), at the For the Commission, by the Division of CBOE’s Office of the Secretary, and at options, and rights issued to the BDC’s Investment Management, pursuant to directors, officers, and employees delegated authority. the Commission’s Public Reference Room. pursuant to an executive compensation Florence E. Harmon, plan would exceed 15% of the BDC’s Deputy Secretary. II. Self-Regulatory Organization’s outstanding voting securities, then the [FR Doc. E8–6876 Filed 4–2–08; 8:45 am] Statement of the Purpose of, and total amount of voting securities that BILLING CODE 8011–01–P Statutory Basis for, the Proposed Rule would result from the exercise of all Change outstanding warrants, options, and rights at the time of issuance will not SECURITIES AND EXCHANGE In its filing with the Commission, the exceed 20% of the outstanding voting COMMISSION Exchange included statements securities of the BDC. concerning the purpose of, and basis for, 3. Kohlberg Capital represents that its [Release No. 34–57576; File No. SR–CBOE– the proposed rule change and discussed 2008–33] proposal to grant certain stock options any comments it received on the to Non-Employee Directors under the Self-Regulatory Organizations; proposed rule change. The text of these Plan meets all the requirements of Chicago Board Options Exchange, statements may be examined at the section 61(a)(3)(B). Kohlberg Capital Incorporated; Notice of Filing and places specified in Item IV below. The states that the Board is actively involved Immediate Effectiveness of Proposed CBOE has prepared summaries, set forth in the oversight of its affairs and that it Rule Change, as Modified by in Sections A, B, and C below, of the relies extensively on the judgment and Amendment No. 1 Thereto, Relating to most significant aspects of such experience of its Board. In addition to the Penny Pilot Program statements. their duties as Board members generally, Kohlberg Capital states that March 28, 2008. A. Self-Regulatory Organization’s the Non-Employee Directors provide Pursuant to Section 19(b)(1) of the Statement of the Purpose of, and guidance and advice on operational Securities Exchange Act of 1934 Statutory Basis for, the Proposed Rule matters, asset valuation and strategic (‘‘Act’’),1 and Rule 19b–4 thereunder,2 Change direction, as well as serving on notice is hereby given that on March 25, 1. Purpose committees. Kohlberg Capital believes 2008, the Chicago Board Options that the availability of options under the Exchange, Incorporated (‘‘CBOE’’ or CBOE proposes to amend its rules in Plan will provide significant at-risk ‘‘Exchange’’) filed with the Securities connection with the second phase of the incentives to Non-Employee Directors to and Exchange Commission expansion of the industry-wide Penny remain on the Board and devote their (‘‘Commission’’) the proposed rule Pilot Program on March 28, 2008. The best efforts to ensure Kohlberg Capital’s change as described in Items I, II, and Penny Pilot Program commenced on success. Kohlberg Capital states that the III below, which Items have been January 26, 2007, and was later options will provide a means for the substantially prepared by the CBOE. On expanded (Phase I) on September 27, Non-Employee Directors to increase March 27, 2008, the Exchange submitted 2007 with the addition of twenty-two their ownership interests in Kohlberg Amendment No. 1 to the proposed rule option classes. Currently, thirty-five Capital, thereby ensuring close 3 change. The Exchange has designated option classes participate in the Penny identification of their interests with this proposal as one constituting a Pilot Program.6 those of Kohlberg Capital and its stated policy, practice, or interpretation shareholders. Kohlberg Capital asserts with respect to the meaning, Phase II of the expansion will begin that by providing incentives such as administration, or enforcement of an on March 28, 2008, last for one year options, it will be better able to existing rule under Section until March 27, 2009, and add the maintain continuity in the Board’s following twenty-eight option classes to membership and to attract and retain 1 15 U.S.C. 78s(b)(1). the highly experienced, successful and 2 17 CFR 240.19b–4. 4 15 U.S.C. 78s(b)(3)(A)(i). dedicated business and professional 3 In connection with Amendment No. 1 the 5 17 CFR 240.19b–4(f)(1). people who are critical to Kohlberg Exchange submitted a Regulatory Circular that 6 CBOE also quotes and trades two index option CBOE disseminated on March 25, 2008, identifying classes, XSP and DJX, in the same minimum Capital’s success as a BDC. the twenty-eight option classes being added to the increments as the Pilot classes (except for options 4. Kohlberg Capital states that the Penny Pilot on March 28, 2008. The circular on the QQQQs, in which the minimum increment amount of voting securities that would constitutes changes to the text of CBOE’s rules. is $0.01 for all option series).
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the Pilot Program.7 These twenty-eight exchange and, in particular, the Electronic Comments new classes will be among the most requirements of Section 6(b) of the Act.8 • active, multiply-listed option classes. Specifically, the Exchange believes the Use the Commission’s Internet Goldman Sachs Group, Inc. (GS) proposed rule change is consistent with comment form (http://www.sec.gov/ Countrywide Financial Corporation the Section 6(b)(5) Act 9 requirements rules/sro.shtml); or (CFC) that the rules of an exchange be • Send an e-mail to rule- Bank of America Corporation (BAC) designed to promote just and equitable [email protected]. Please include File iShares MSCI Emerging Mkts. Index principles of trade, to prevent Number SR–CBOE–2008–33 on the Fund (EEM) fraudulent and manipulative acts, and, subject line. Merrill Lynch & Co., Inc. (MER) in general, to protect investors and the Vale (RIO) public interest. Paper Comments EMC Corporation (EMC) • Send paper comments in triplicate Exxon Mobil Corporation (XOM) B. Self-Regulatory Organization’s Wal-Mart Stores, Inc. (WMT) Statement on Burden on Competition to Nancy M. Morris, Secretary, The Home Depot, Inc. (HD) Securities and Exchange Commission, The proposed rule change does not 100 F Street, NE., Washington, DC Valero Energy Corporation (VLO) impose any burden on competition that Alcoa Inc. (AA) 20549–1090. is not necessary or appropriate in Dell Inc. (DELL) furtherance of the purposes of the Act. All submissions should refer to File SanDisk Corporation (SNDK) Number SR-CBOE–2008–33. This file The Bear Stearns Companies, Inc. (BSC) C. Self-Regulatory Organization’s number should be included on the Pfizer Inc (PFE) Statement on Comments on the subject line if e-mail is used. To help the eBay Inc. (EBAY) Proposed Rule Change Received From Commission process and review your Halliburton Company (HAL) Members, Participants, or Others Lehman Brothers Holdings Inc. (LEH) comments more efficiently, please use JPMorgan Chase & Co. (JPM) No written comments were solicited only one method. The Commission will Washington Mutual, Inc. (WM) or received with respect to the proposed post all comments on the Commission’s Ford Motor Company (F) rule change. Internet Web site (http://www.sec.gov/ Target Corporation (TGT) rules/sro.shtml). Copies of the American International Group, Inc. III. Date of Effectiveness of the submission, all subsequent (AIG) Proposed Rule Change and Timing for amendments, all written statements Newmont Mining Corporation (NEM) Commission Action with respect to the proposed rule Verizon Communications Inc. (VZ) The proposed rule change has become change that are filed with the Mini-NDX Index Options (MNX) effective pursuant to Section Commission, and all written Starbucks Corporation (SBUX) 19(b)(3)(A)(i) of the Act 10 and Rule 19b– communications relating to the The minimum increments for all 4(f)(1) thereunder,11 because it proposed rule change between the classes in the Penny Pilot Program, constitutes a stated policy, practice, or Commission and any person, other than except for the QQQQs, will continue to interpretation with respect to the those that may be withheld from the be $0.01 for all option series below $3 meaning, administration, or public in accordance with the (including LEAPS), and $0.05 for all enforcement of an existing rule. provisions of 5 U.S.C. 552, will be option series $3 and above (including At any time within 60 days of the available for inspection and copying in LEAPS). For QQQQs, the minimum the Commission’s Public Reference increment will remain $0.01 for all filing of the proposed rule change, the Commission may summarily abrogate Room, 100 F Street, NE., Washington, option series. CBOE intends to continue DC 20549, on official business days to implement the quote mitigation such rule change if it appears to the Commission that such action is between the hours of 10 a.m. and 3 p.m. strategies that it previously identified in Copies of the filing also will be available its rule filings relating to the Penny Pilot necessary or appropriate in the public for inspection and copying at the Program. interest, for the protection of investors, or otherwise in furtherance of the principal office of the CBOE. All Finally, CBOE intends to submit to 12 the Commission reports analyzing the purposes of the Act. comments received will be posted without change; the Commission does Penny Pilot Program for the following IV. Solicitation of Comments time periods: not edit personal identifying • February 1, 2008–July 31, 2008 Interested persons are invited to information from submissions. You • August 1, 2008–January 31, 2009 submit written data, views, and should submit only information that CBOE anticipates that its reports will arguments concerning the foregoing, you wish to make available publicly. All assess the impact of penny pricing on including whether the proposed rule submissions should refer to File market quality and options systems change is consistent with the Act. Number SR–CBOE–2008–33 and should capacity. CBOE’s reports should be Comments may be submitted by any of be submitted on or before April 24, submitted within one month following the following methods: 2008. the end of the period being analyzed. For the Commission, by the Division of 8 15 U.S.C. 78f(b). Trading and Markets, pursuant to delegated 2. Statutory Basis 9 15 U.S.C. 78f(b)(5). authority.13 The Exchange believes the proposed 10 15 U.S.C. 78s(b)(3)(A)(i). rule change is consistent with the Act 11 17 CFR 240.19b–4(f)(1). Florence E. Harmon, and the rules and regulations under the 12 For purposes of calculating the 60-day period Deputy Secretary. within which the Commission may summarily [FR Doc. E8–6872 Filed 4–2–08; 8:45 am] Act applicable to a national securities abrogate the proposed rule change under Section 19(b)(3)(C) of the Act, the Commission considers BILLING CODE 8011–01–P 7 CBOE issued a Regulatory Circular, which is the period to commence on March 27, 2008, the published on its Web site, identifying these twenty- date on which CBOE filed Amendment No. 1. See eight option classes. 15 U.S.C. 78s(b)(3)(C). 13 17 CFR 200.30–3(a)(12).
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SECURITIES AND EXCHANGE (c) Indicate in the arbitration award establish new procedures that COMMISSION which of the Rule 2130 grounds for arbitrators must follow when expungement serve(s) as the basis for its considering requests for expungement [Release No. 34–57572; File No. SR–FINRA– 2008–010] expungement order and provide a brief relief under Rule 2130. The procedures written explanation of the reason(s) for are designed to: (1) Make sure that Self-Regulatory Organizations: its finding that one or more Rule 2130 arbitrators have the opportunity to Financial Industry Regulatory grounds for expungement applies to the consider the facts that support or weigh Authority, Inc.; Notice of Filing of facts of the case. against a decision to grant Proposed Rule Change Relating to (d) Assess all forum fees for hearing expungement; and (2) ensure that Amendments to the Codes of sessions in which the sole topic is the expungement occurs only when the Arbitration Procedure To Establish determination of the appropriateness of arbitrators find and document one of the New Procedures for Arbitrators To expungement against the parties narrow grounds specified in Rule 2130. Follow When Considering Requests for requesting expungement relief. 13805. Proposed Rules 12805 and 13805 Expungement Relief Expungement of Customer Dispute would require arbitrators considering an Information under Rule 2130 expungement request to hold a recorded March 27, 2008. In order to grant expungement of hearing session by telephone or in Pursuant to Section 19(b)(1) of the customer dispute information under person, provide a brief written Securities Exchange Act of 1934 Rule 2130, the panel must: explanation of the reasons for ordering (‘‘Act’’)1 and Rule 19b–4 thereunder,2 (a) Hold a recorded hearing session expungement, and, in cases involving a notice is hereby given that on March 13, (by telephone or in person) regarding settlement, review the settlement 2008, Financial Industry Regulatory the appropriateness of expungement. documents to examine the amount paid Authority, Inc. (‘‘FINRA’’) (f/k/a This paragraph will apply to cases to any party and any other terms and National Association of Securities administered under Rule 13800 even if conditions of the settlement that might Dealers, Inc. (‘‘NASD’’)) filed with the a claimant did not request a hearing on raise concerns about the associated Securities and Exchange Commission the merits. person’s involvement in the alleged (‘‘SEC’’ or ‘‘Commission’’) the proposed (b) In cases involving settlements, misconduct before awarding rule change as described in Items I, II, review settlement documents and expungement. The proposed rule and III below, which Items have been consider the amount of payments made change would provide that the panel prepared by FINRA. The Commission is to any party and any other terms and must assess forum fees for hearing publishing this notice to solicit conditions of a settlement. sessions held solely for the purpose of comments on the proposed rule change (c) Indicate in the arbitration award considering expungement against the from interested persons. which of the Rule 2130 grounds for parties requesting the relief. expungement serve(s) as the basis for its The proposed rule change would not I. Self-Regulatory Organization’s expungement order and provide a brief affect FINRA’s current practice of Statement of the Terms of Substance of written explanation of the reason(s) for permitting expungement, without the Proposed Rule Change its finding that one or more Rule 2130 judicial intervention, of information FINRA is proposing Rule 12805 of the grounds for expungement applies to the from the Central Registration Depository Code of Arbitration Procedure for facts of the case. (‘‘CRD’’) system as directed by Customer Disputes (‘‘Customer Code’’) (d) Assess all forum fees for hearing arbitrators in intra-industry arbitration and Rule 13805 of the Code of sessions in which the sole topic is the awards that involve associated persons Arbitration Procedure for Industry determination of the appropriateness of and firms based on the defamatory Disputes (‘‘Industry Code’’) to establish expungement against the parties nature of the information ordered 3 new procedures that arbitrators must requesting expungement relief. expunged. follow when considering requests for * * * * * Background expungement relief under Rule 2130. Below is the text of the proposed rule II. Self-Regulatory Organization’s The CRD system, an online change. All the text is new. Statement of the Purpose of, and registration and licensing system, * * * * * Statutory Basis for, the Proposed Rule contains information regarding broker- Change dealers and their associated persons. It 12805. Expungement of Customer contains administrative information Dispute Information Under Rule 2130 In its filing with the Commission, (e.g., personal, educational, and FINRA included statements concerning In order to grant expungement of the purpose of and basis for the customer dispute information under 3 In its original filing with the Commission proposed rule change and discussed any proposing Rule 2130 (see SR–NASD–2002–168), Rule 2130, the panel must: comments it received on the proposed FINRA (then known as NASD) explained in (a) Hold a recorded hearing session rule change. The text of these statements Footnote 2 that ‘‘NASD may execute, without a (by telephone or in person) regarding court order, arbitration awards rendered in disputes may be examined at the places specified between registered representatives and firms that the appropriateness of expungement. in Item IV below. FINRA has prepared This paragraph will apply to cases contain expungement directives in which the summaries, set forth in sections A, B, arbitration panel states that expungement relief is administered under Rule 12800 even if and C below, of the most significant being granted because of the defamatory nature of a customer did not request a hearing on aspects of such statements. the information. These expungements are not the merits. covered by the moratorium and will not be covered (b) In cases involving settlements, A. Self-Regulatory Organization’s by the proposed rules and policies.’’ In Amendment No. 1 to that filing (at page five), FINRA reiterated review settlement documents and Statement of the Purpose of, and this point by stating ‘‘NASD may execute, without consider the amount of payments made Statutory Basis for, the Proposed Rule a court order, an arbitration award rendered in a to any party and any other terms and Change dispute between a member and a current or former conditions of a settlement. associated person that contains an expungement 1. Purpose directive in which the arbitration panel states that expungement relief is being granted based on the 1 15 U.S.C. 78s(b)(1). FINRA is proposing to amend its defamatory nature of the information.’’ See also 2 17 CFR 240.19b–4. Customer Code and Industry Code to NASD Notice to Members 04–16 (March 2004) n. 4.
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employment history) and disclosure waive the requirement to be named as expungement under Rule 2130. This information (e.g., criminal matters, a party if it determines that the new requirement would address issues regulatory and disciplinary actions, civil expungement relief and accompanying concerning judicial confirmation of judicial actions, and information findings on which it is based are awards containing orders of relating to customer disputes). Members meritorious and that expungement expungement, as demonstrated in a of the securities industry, state and would not have a material adverse effect recent state court case 7 in which the federal regulators, and self-regulatory on investor protection, the integrity of court expressed concern that the organizations use the CRD system. the CRD system, or regulatory arbitrators did not describe ‘‘a single Although public investors do not have requirements. fact or circumstance’’ 8 for their access to the CRD system, much of the Proposed new Rules 12805 and 13805 conclusion that the claims were information in that system is available would set forth procedures that factually impossible or clearly to investors through FINRA arbitrators must follow before erroneous (one of the grounds for BrokerCheck and individual state recommending expungement of expungement enumerated in Rule 2130). disclosure programs.4 FINRA recognizes information related to arbitration cases As a result, the court ordered the that accurate and complete reporting in from an associated person’s CRD record. arbitrators to conduct a hearing to the CRD system is an important aspect If the arbitrators do not fully adhere to clarify the facts and circumstances that of investor protection. these procedures, FINRA may determine led them to order expungement. The FINRA operates the CRD system not to waive the obligation under Rule proposed requirement of a written pursuant to policies developed jointly 2130 to be named as a party to an explanation would provide regulators with the North American Securities expungement proceeding. with additional insight into why Administrators Association (NASAA). Sometimes, arbitrators will order arbitrators awarded expungement based FINRA works with the SEC, NASAA, expungement at the conclusion of an on what might appear to be questionable other members of the regulatory evidentiary hearing on the merits of the facts and circumstances (e.g., cases community, and broker-dealer firms to case. More often, however, arbitrators involving payment of significant establish policies and procedures will order expungement at the request of monetary compensation to the reasonably designed to ensure that a party to facilitate settlement of the customer).9 information submitted to and dispute. For example, customers may The proposed rule change also would maintained in the CRD system is receive monetary compensation as part require the arbitrators to assess all accurate and complete. These of a settlement, the terms of which forum fees for hearing sessions in which procedures, among other things, cover require the customer to consent to (or the sole topic is the determination of the expungement of information from the not oppose) the entry of a stipulated appropriateness of expungement against CRD system. award containing an order of the parties requesting expungement In December 2003, the SEC approved expungement. In such cases, FINRA relief. In cases that settle, industry NASD Rule 2130, which contains expected that arbitrators would examine parties often seek expungement. In such procedures for expungement of the amount paid to any party and any cases, parties generally present customer dispute information from the other terms and conditions of the arguments solely on the issue of CRD System.5 It requires that FINRA settlement that might raise concerns expungement. In these circumstances, members or associated persons name about the associated person’s behavior FINRA believes the fee for that hearing 6 FINRA as an additional party in any before awarding expungement. session should not be assessed against a court proceeding in which they seek an Contrary to this expectation, however, customer.10 order to expunge customer dispute arbitrators often did not inquire into the In cases administered under Rule information or request confirmation of terms of settlement agreements. 12800 or Rule 13800 (Simplified In order for arbitrators to perform the an award containing an order of Arbitration), a hearing on the merits critical fact finding necessary before expungement. normally is held only at the request of Under Rule 2130, FINRA may waive granting expungement, the proposed a customer or claimant, respectively. the requirement to be named as a party rule change would require arbitrators to The proposed rule change would clarify if it determines that the expungement hold a recorded hearing session by that if parties request expungement relief is based on an affirmative judicial telephone or in person. The requirement relief in such cases, a hearing session or arbitral finding that: (i) The claim, of a hearing session would ensure that would be held to determine the allegation, or information is factually arbitrators consider the facts that appropriateness of the request even if a impossible or clearly erroneous; (ii) the support or weigh against a decision to hearing on the merits was not requested. registered person was not involved in grant expungement. In cases involving Any forum fees for hearing sessions the alleged investment-related sales settlements, the proposal would require associated with a request for practice violation, forgery, theft, arbitrators to review the settlement expungement would be assessed against misappropriation, or conversion of documents, consider the amount paid to the parties making the request. As noted above, the proposed rule funds; or (iii) the claim, allegation, or any party, and consider any other terms change would not affect FINRA’s information is false. If expungement and conditions of the settlement that current practice of permitting relief is based on a judicial or arbitral might raise concerns about the finding other than as enumerated associated person’s involvement in the alleged misconduct before awarding 7 Matter of Sage, Rutty & Co., Inc. v. Salzberg, immediately above, FINRA may also Index No. 2007–01942 (N.Y. Sup. Ct. May 30, 2007). expungement. 8 The proposed rule change would Id. at 4. 4 FINRA BrokerCheck is a free online tool to help 9 In such cases, the payment may be based on the investors check the background of current and require arbitrators to indicate which of behavior of someone other than the associated former FINRA-registered securities firms and the Rule 2130 grounds for expungement person who is seeking expungement. brokers. serve as the basis for their expungement 10 In those situations where the issue of 5 Securities Exchange Act Release No. 48933 order, and provide a brief written expungement does not constitute the sole topic (December 16, 2003), 68 FR 74667 (December 24, considered by the arbitrators during a hearing 2003). Rules 2130 applies to all cases filed on or explanation of the reasons for ordering session, the panel will determine the hearing after April 12, 2004; see NASD Notice to Members session fee that each party must pay. See Rules 04–16 (March 2004). 6 See NASD Notice to Members 04–43 (June 2004). 12902(a) and 13902(a).
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expungement, without judicial (B) institute proceedings to determine For the Commission, by the Division of intervention, of information from the whether the proposed rule change Trading and Markets, pursuant to delegated CRD system as directed by arbitrators in should be disapproved. authority.12 intra-industry arbitration awards that Florence E. Harmon, involve associated persons and firms IV. Solicitation of Comments Deputy Secretary. based on the defamatory nature of the Interested persons are invited to [FR Doc. E8–6870 Filed 4–2–08; 8:45 am] information ordered expunged. In submit written data, views and BILLING CODE 8011–01–P allowing expungement relief without arguments concerning the foregoing, judicial intervention under such including whether the proposed rule circumstances, FINRA believes that it is change is consistent with the Act. SECURITIES AND EXCHANGE fairly balancing the interests of the Comments may be submitted by any of COMMISSION brokerage community and others in the following methods: [Release No. 34–57575; File No. SR–Phlx– expunging defamatory statements with 2008–06] FINRA’s interests in investor protection Electronic Comments and the integrity of the CRD system. Self-Regulatory Organizations; • Use the Commission’s Internet Philadelphia Stock Exchange, Inc.; 2. Statutory Basis comment form (http://www.sec.gov/ Order Approving Proposed Rule rules/sro.shtml); or FINRA believes that the proposed rule Change, as Modified by Amendment • change is consistent with the provisions Send an e-mail to rule- No. 1 Thereto, Relating to U.S. Dollar- of Section 15A(b)(6) of the Act, 11 which [email protected]. Please include File Settled FCO Spot Prices requires, among other things, that Number SR–FINRA–2008–010 on the March 28, 2008. FINRA rules must be designed to subject line. prevent fraudulent and manipulative Paper Comments I. Introduction acts and practices, to promote just and On January 28, 2008, the Philadelphia • equitable principles of trade, and, in Send paper comments in triplicate Stock Exchange, Inc. (‘‘Phlx’’ or general, to protect investors and the to Nancy M. Morris, Secretary, ‘‘Exchange’’) filed with the Securities public interest. The new procedures Securities and Exchange Commission, and Exchange Commission would enhance the integrity of the 100 F Street, NE., Washington, DC (‘‘Commission’’), pursuant to Section information in the CRD system and 20549–1090. 19(b)(1) of the Securities Exchange Act would ensure that investor protection is 1 All submissions should refer to File of 1934 (‘‘Act’’) and Rule 19b–4 not compromised when arbitrators order 2 Number SR–FINRA–2008–010. This file thereunder, a proposed rule change to expungement of information related to number should be included on the amend the definition of Spot Price so arbitration cases from an associated subject line if e-mail is used. To help the that the Exchange may use certain bid person’s CRD record. Commission process and review your and ask prices (‘‘Thomson Quotes’’) B. Self-Regulatory Organization’s comments more efficiently, please use provided by Tenfore Systems Limited Statement on Burden on Competition only one method. The Commission will (‘‘Tenfore’’) through Thomson Financial post all comments on the Commission’s LLC (‘‘Thomson’’) as Spot Prices in FINRA does not believe that the Internet Web site (http://www.sec.gov/ determining applicable margin proposed rule change will result in any rules/sro.shtml). Copies of the requirements and strike prices for the burden on competition that is not submission, all subsequent Exchange’s U.S. dollar-settled foreign necessary or appropriate in furtherance amendments, all written statements currency options (‘‘FCOs’’). On February of the purposes of the Act. with respect to the proposed rule 19, 2008, the Exchange filed C. Self-Regulatory Organization’s change that are filed with the Amendment No. 1 to the proposed rule Statement on Comments on the Commission, and all written change. The proposed rule change, as Proposed Rule Change Received from communications relating to the modified by Amendment No. 1, was Members, Participants, or Others proposed rule change between the published for comment in the Federal Commission and any person, other than Register on February 27, 2008.3 The Written comments were neither those that may be withheld from the Commission received no comments on solicited nor received. public in accordance with the the proposal. This order approves the provisions of 5 U.S.C. 552, will be proposed rule change, as modified by III. Date of Effectiveness of the Amendment No. 1. Proposed Rule Change and Timing for available for inspection and copying in Commission Action the Commission’s Public Reference II. Description of the Proposal Room on official business days between Phlx proposes to amend the definition Within 35 days of the date of the hours of 10 a.m. and 3 p.m. Copies of Spot Price to permit the Exchange to publication of this notice in the Federal of such filing also will be available for use the Thomson Quotes to calculate the Register or within such longer period (i) inspection and copying at the principal Spot Prices in connection with the as the Commission may designate up to office of FINRA. Exchange’s determination of strike 90 days of such date if it finds such All comments received will be posted prices and margin requirements for its longer period to be appropriate and without change; the Commission does U.S. dollar-settled FCOs.4 Under Phlx publishes its reasons for so finding or not edit personal identifying (ii) as to which the self-regulatory information from submissions. You 12 17 CFR 200.30–3(a)(12). organization consents, the Commission should submit only information that 1 15 U.S.C. 78s(b)(1). will: you wish to make available publicly. All 2 17 CFR 240.19b–4. (A) By order approve such proposed submissions should refer to File 3 See Securities Exchange Act Release No. 57361 rule change, or Number SR–FINRA–2008–010 and (February 20, 2008), 73 FR 10503. 4 The Exchange is also proposing to substitute the should be submitted on or before April term ‘‘Spot Prices’’ for the defined term ‘‘Spot Sales 11 15 U.S.C. 78o–3(b)(6). 24, 2008. Prices’’ in Rule 1000(b)(16), as a clarification that
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Rule 1012, ‘‘Series of Options Open for be the inverse of the average of the dollar-settled FCOs can monitor the Trading,’’ the Exchange is required to Thomson Quote bid and ask (that is, one underlying spot market, including the refer to the spot prices of foreign divided by the average of the Thomson Exchange’s dissemination of a modified currencies in determining strike prices Quote bid and ask). spot rate for foreign currencies at least for U.S. dollar-settled FCOs. Further, The Exchange will not disseminate once every fifteen seconds while the Phlx Rule 722, ‘‘Margin Accounts,’’ the current spot market value it Exchange is open for trading. The requires the Exchange to establish calculates based upon the Thomson Commission also notes that the margin requirements for FCO Quotes. However, the Exchange Exchange has represented that it transactions based upon the spot price currently does, and will continue to, believes that the new method of of the foreign currency underlying the disseminate its modified spot value, calculating Phlx Spot Prices should, option. which is also based upon the Thomson over time, produce only minor Currently, the Exchange receives Spot Quotes, real-time over Network B of the differences from the current method of Prices that are contributor bank quotes Consolidated Tape Association.7 The determining Spot Prices. Accordingly, from Reuters in real-time and takes the Exchange states that this modified spot the Commission finds that the proposed weighted average of the various quotes value is more widely distributed, rule change, as amended, is consistent to determine the Phlx’s foreign currency carried by more vendors, and more with the Act. spot price.5 The Exchange now seeks to easily accessible than the Exchange’s amend the definition of Spot Prices to current foreign currency spot market IV. Conclusion include foreign currency quotes of price calculated on the basis of the bank It is therefore ordered, pursuant to entities other than commercial banks, so quotes provided by Reuters. Section 19(b)(2) of the Act,10 that the that the Exchange can use the Thomson III. Discussion proposed rule change (SR–Phlx–2008– Quotes to calculate Spot Prices for the 06), as modified by Amendment No. 1, setting of margin requirements and After careful review, the Commission be, and hereby is, approved. strike prices and for any other necessary finds that the proposed rule change, as amended, is consistent with the For the Commission, by the Division of purposes in connection with Phlx’s FCO Trading and Markets, pursuant to delegated contracts. Thomson Quotes are not requirements of the Act and the rules authority.11 and regulations thereunder applicable to limited to quotes from banks but also Florence E. Harmon, include quotes from other foreign a national securities exchange and, in Deputy Secretary. currency market participants. particular, with Section 6(b)(5) of the Under the proposal, the Exchange will Act,8 which requires, among other [FR Doc. E8–6871 Filed 4–2–08; 8:45 am] receive the latest Thomson Quotes from things, that the rules of a national BILLING CODE 8011–01–P Thomson, which in turn obtains this securities exchange be designed to data from Tenfore.6 With the exception prevent fraudulent and manipulative of the Japanese yen, the Exchange will acts and practices, to promote just and SMALL BUSINESS ADMINISTRATION then calculate the average of the bid and equitable principles of trade, to remove [Disaster Declaration #11202] ask received to determine the current impediments to, and perfect the spot market price that the Exchange will mechanism of, a free and open market Arkansas Disaster #AR–00019 use for purposes of calculating margin and a national market system and, in requirements and strike prices with general, to protect investors and the AGENCY: U.S. Small Business respect to U.S. dollar-settled FCOs. public interest.9 Administration. Because the Thomson Quote is The Commission believes that ACTION: Notice. expressed differently for the Japanese Exchange’s use of Thomson Quotes for SUMMARY: This is a Notice of the yen than for the other currencies (in determining Spot Prices for the setting Presidential declaration of a major foreign currency units per U.S. dollar of margin requirements and strike prices disaster for Public Assistance Only for rather than in U. S. dollars per unit of for Phlx’s U.S.-dollar settled FCOs is the State of Arkansas (FEMA–1751–DR), foreign currency), the spot price that reasonable and should result in Phlx dated 03/26/2008. Phlx will use for the Japanese yen will Spot Prices that are representative of foreign currency spot market prices. Incident: Severe Storms, Tornadoes, Although the Exchange will not and Flooding. this defined term includes both bids and offers Incident Period: 03/18/2008 and made by participants in the foreign currency disseminate the current Spot Prices it markets (as opposed to offers only). In addition, the calculates based upon the Thomson continuing. Exchange is proposing to amend Rule 722 such that DATES: the current spot market price of an underlying Quotes, the Commission believes that Effective Date: 03/26/2008. foreign currency shall be determined using spot sufficient venues exist for obtaining Physical Loan Application Deadline prices at 4 (the close of trading for U.S. dollar- reliable information on the foreign Date: 05/27/2008. settled FCOs) rather than 2:30 (the close of trading currencies so that investors in U.S. ADDRESSES: Submit completed loan for physical delivery FCOs). 5 Until March 14, 2008, in connection with its applications to: U.S. Small Business physical delivery FCOs, when the Exchange 7 The Exchange currently disseminates, over the Administration, Processing and received the bid and ask from the Reuters feed, the facilities of the Consolidated Tape Association at Disbursement Center, 14925 Kingsport Exchange computed the average and distributed least once every fifteen seconds while the Exchange Road, Fort Worth, TX 76155. that value as the foreign currency spot value over is open for trading, a modified spot rate for the facilities of the Options Price Reporting currencies underlying U.S. dollar-settled FCOs. The FOR FURTHER INFORMATION CONTACT: A. Authority (‘‘OPRA’’) to vendors and individual Exchange does not propose to change the modified Escobar, Office of Disaster Assistance, customers. The Exchange ceased disseminating this spot rate in this proposed rule change. See U.S. Small Business Administration, foreign currency spot value after March 14, 2008, Securities Exchange Act Release Nos. 55513 (March in connection with the planned delisting of its 22, 2007), 72 FR 14636 (March 28, 2007) (SR–Phlx– 409 3rd Street, SW., Suite 6050, physical delivery FCO contracts. 2007–28) and 56034 (July 10, 2007), 72 FR 38853 Washington, DC 20416. 6 Tenfore has more than 21 contributors reporting, (July 16, 2007) (SR–Phlx–2007–34). SUPPLEMENTARY INFORMATION: Notice is 8 consisting of banks, spot currency portals, the 15 U.S.C. 78f(b)(5). hereby given that as a result of the European Central Bank, and brokers. Tenfore’s bid 9 In approving this proposed rule change, the and ask Spot Prices are at any given point in time Commission has considered the proposed rule’s the latest bid and ask supplied to Tenfore by the impact on efficiency, competition, and capital 10 15 U.S.C. 78s(b)(2). last in time of any Tenfore contributor to report. formation. See 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12).
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President’s major disaster declaration on FOR FURTHER INFORMATION CONTACT: A. SMALL BUSINESS ADMINISTRATION 03/26/2008, Private Non-Profit Escobar, Office of Disaster Assistance, organizations that provide essential U.S. Small Business Administration, National Small Business Development services of a governmental nature may 409 3rd Street, SW., Suite 6050, Center Advisory Board file disaster loan applications at the Washington, DC 20416. address listed above or other locally SUPPLEMENTARY INFORMATION: Notice is AGENCY: U.S. Small Business announced locations. hereby given that as a result of the Administration (SBA). The following areas have been President’s major disaster declaration on ACTION: Notice of open Federal advisory determined to be adversely affected by 03/27/2008, applications for disaster committee meeting. the disaster: loans may be filed at the address listed Primary Counties: Baxter, Benton, above or other locally announced SUMMARY: Boone, Carroll, Clay, Conway, locations. The SBA is issuing this notice Craighead, Crawford, Faulkner, The following areas have been to announce the location, date, time and Franklin, Fulton, Greene, Hot determined to be adversely affected by agenda for the next meeting of the Spring, Howard, Independence, the disaster: National Small Business Development Izard, Jackson, Johnson, Lawrence, Primary Counties (Physical Damage and Center (SBDC) Advisory Board. Logan, Madison, Marion, Nevada, Economic Injury Loans): DATES: The meeting will be held on Newton, Pope, Randolph, Scott, Bollinger, Carter, Christian, Franklin, Tuesday, April 15, 2008 at 1 p.m. EST. Searcy, Sharp, Stone, Van Buren, Greene, Iron, Jasper, Jefferson, Washington, White, Woodruff, Yell. Maries, Newton, Oregon, Phelps, ADDRESSES: This meeting will be held The Interest Rates Are: Pulaski, Reynolds, St. Francois, via conference call. Stone, Texas, Washington, Wayne. SUPPLEMENTARY INFORMATION: Pursuant Percent Contiguous Counties (Economic Injury Loans Only): to section 10(a) of the Federal Advisory Other (Including Non-Profit Orga- Missouri: Barry, Barton, Butler, Committee Act (5 U.S.C. Appendix 2), nizations) With Credit Available Camden, Cape Girardeau, Crawford, SBA announces the meeting of the Elsewhere ...... 5.250 Dade, Dallas, Dent, Douglas, National SBDC Advisory Board. This Businesses and Non-Profit Orga- Gasconade, Howell, Laclede, Board provides advice and counsel to nizations Without Credit Avail- Lawrence, Madison, Mcdonald, the SBA Administrator and Associate able Elsewhere ...... 4.000 Miller, Osage, Perry, Polk, Ripley, Administrator for Small Business Saint Louis, Sainte Genevieve, Development Centers. The number assigned to this disaster Shannon, St. Charles, Stoddard, for physical damage is 11202. The purpose of this meeting is to Taney, Warren, Webster, Wright. discuss following issues pertaining to (Catalog of Federal Domestic Assistance Arkansas: Carroll, Fulton, Randolph, the SBDC Advisory Board: Number 59008) Sharp. Herbert L. Mitchell, Illinois: Monroe. —Roles and Responsibilities. Kansas: Cherokee, Crawford. —Mission Statement. Associate Administrator for Disaster Oklahoma: Ottawa. Assistance. The Interest Rates are: —Association of Small Business [FR Doc. E8–6944 Filed 4–2–08; 8:45 am] Development Centers (ASBDC) Fall BILLING CODE 8025–01–P Percent Conference. —Entrepreneurial Development’s For Physical Damage: SMALL BUSINESS ADMINISTRATION Homeowners With Credit Avail- Annual Report. able Elsewhere ...... 5.500 FOR FUTHER INFORMATION CONTACT: The [Disaster Declaration #11203 and #11204] Homeowners Without Credit Available Elsewhere ...... 2.750 meeting is open to the public however Missouri Disaster #MO–00025 Businesses With Credit Avail- advance notice of attendance is requested. Anyone wishing to attend AGENCY: U.S. Small Business able Elsewhere ...... 8.000 Administration. Other (Including Non-Profit Or- and/or make a presentation to the Board ganizations) With Credit must contact Alanna Falcone by Friday, ACTION: Notice. Available Elsewhere ...... 5.250 April 11, 2008, by fax or e-mail in order Businesses And Non-Profit Or- SUMMARY: This is a Notice of the ganizations Without Credit to be placed on the agenda. Alanna Presidential declaration of a major Available Elsewhere ...... 4.000 Falcone, Program Analyst, 409 Third disaster for the State of MISSOURI For Economic Injury: Street, SW., Washington, DC 20416, (FEMA–1749–DR), dated 03/27/2008. Businesses & Small Agricultural Phone, 202–619–1612, Fax 202–481– Incident: Severe Storms and Flooding. Cooperatives Without Credit 0134, e-mail, [email protected]. Available Elsewhere ...... 4.000 Incident Period: 03/17/2008 and Additionally, if you need continuing. The number assigned to this disaster accommodations because of a disability DATES: Effective Date: 03/27/2008. for physical damage is 11203B and for or require additional information, please Physical Loan Application Deadline economic injury is 112040. contact Alanna Falcone at the Date: 05/27/2008. information above. Economic Injury (EIDL) Loan (Catalog of Federal Domestic Assistance Application Deadline Date: 12/23/2008. Numbers 59002 and 59008) Cherylyn H. Lebon, ADDRESSES: Submit completed loan Herbert L. Mitchell, Committee Management Officer. applications to: U.S. Small Business Associate Administrator for Disaster [FR Doc. E8–6886 Filed 4–2–08; 8:45 am] Administration, Processing and Assistance. BILLING CODE 8025–01–P Disbursement Center, 14925 Kingsport [FR Doc. E8–6942 Filed 4–2–08; 8:45 am] Road, Fort Worth, TX 76155. BILLING CODE 8025–01–P
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SOCIAL SECURITY ADMINISTRATION Federal Government or application 6. Demographic Research submission, your first point of contact is b. Tasks [Docket No. SSA–2008–0018] the Grants.gov support staff at 1. Research, Evaluation, and Data Development Retirement Research Consortium [email protected], 1–800–518–4726. If 2. Dissemination Request for Applications (RFA) your difficulties are not resolved, you 3. Training and Education Program Announcement No. SSA– may also contact the SSA Grants 4. Reporting ORES–08–01 Management Team for assistance: Gary C. Responsibilities Stammer, 410–965–9501; Audrey 1. Center Responsibilities AGENCY: Social Security Administration Adams, 410–965–9469; or Mary Biddle, 2. SSA Responsibilities (SSA). 410–965–9503. If extenuating Part II. Award Information circumstances prevent you from A. Type of Award ACTION: Request for Applications for a B. Availability and Duration of Funding Cooperative Agreement to Re-Compete a submitting an application through C. Letter of Intent Retirement Research Consortium (RRC). www.grants.gov, please contact the SSA Part III. Eligibility Information Grants Management Team for possible A. Eligible Applicants SUMMARY: The growing share of older prior approval to download, complete B. Cost Sharing or Matching Americans in the population has and submit an application by mail. C. Other profound long term effects on Social Should SSA grant such approval, the Part IV. Application and Submission Security. Social Security’s Board of downloadable application package will Information A. Overview Trustees projects that the program will be available at www.ssa.gov/oag. Please be in poor fiscal shape over the long B. Availability of Application Forms fax inquiries regarding the application C. Content and Organization of Technical term at currently legislated payroll tax process to the Grants Management Team Application and benefit levels as a result of at 410–966–9310 or mail to: Social D. Components of a Complete Application demographic changes. Through Security Administration, Office of E. Guidelines for Application Submission education and research efforts, the Acquisition and Grants, Grants F. Submission Date and Times Social Security Administration (SSA) is Management Team, Attention: SSA– G. Funding Restrictions committed to addressing these ORES–08–1, 1st Floor—Rear Entrance, H. Other Submission Requirements difficulties and ensuring responsive Part V. Application Review Information 7111 Security Blvd., Baltimore, MD A. Review Process and Funding programs and sustainable solvency. 21244. To ensure receipt of the proper B. Selection Process and Evaluation SSA’s research efforts will support application package, please include Criteria informed public discussion and creative program announcement number SSA– Part VI. Award Administration Information thinking that relates the principles of ORES–08–1 and the date of this A. Notification the program to economic and announcement. B. Award Notices demographic realities and changing C. Administration and National Policy FOR FURTHER INFORMATION CONTACT: For needs and preferences of American Requirements nonprogrammatic information regarding Part VII. Agency Contacts households. the announcement or application Part VIII. Other As authorized under section 1110 of package, contact: SSA, Office of the Social Security Act, SSA announces Part I. Funding Opportunity Acquisition and Grants, Grants the solicitation of applications for a Description Management Team, 7111 Security Blvd., cooperative agreement to re-compete a 1st Floor—Rear Entrance, Baltimore, A. Purpose Retirement Research Consortium to help MD 21244. Contact persons are: Gary inform the public and policymakers As authorized under section 1110 of Stammer, Grants Management Officer, about Social Security issues. In the first the Social Security Act, SSA announces telephone (410) 965–9501, (e-mail: year, the Consortium will be composed the solicitation of applications for a [email protected]); or Mary of one or more research centers. The cooperative agreement to re-compete a Biddle, Grants Management Officer, centers will have a combined annual Retirement Research Consortium (RRC). telephone (410) 965–9503, e-mail: budget of approximately $7.5 million. SSA seeks applications in support of the [email protected]. The fax number is SSA expects to fund the centers for a RRC that will continue to serve as a (410) 966–9310. period of 5 years, contingent on an national resource fostering high quality For information on the program research, communication, and annual review process and continued content of the announcement/ availability of funds. education on matters related to application, contact: Sharmila retirement policy. The Consortium may DATES: The closing date for submitting Choudhury, SSA, Office of Retirement consist of one or more research centers. applications under this announcement and Disability Policy, 500 E St., SW., The Consortium’s program purpose is to is June 9, 2008. Letters of Intent are due Room 913, Washington, DC 20254. The benefit the public through the following: by May 9, 2008. fax number is (202) 358–6187. The (1) Research, evaluation, and data ADDRESSES: SSA requires that telephone number is (202) 358–6261 development. SSA expects the RRC to applicants submit an electronic (e-mail: [email protected]). plan, initiate, and maintain a multi- application through www.grants.gov for SUPPLEMENTARY INFORMATION: disciplinary research program of high Funding Opportunity Number SSA– quality that will broadly cover ORES–08–1. The www.grants.gov, ‘‘Get Table of Contents retirement and Social Security program Registered’’ Internet page is available to Part I. Funding Opportunity Description issues. A portion of the research effort help explain the registration and A. Purpose can focus on the development of application submission process. In B. The Role of the Center(s) research data sources and providing addition, new Federal grant applicants a. Priority Research Areas (PRA) opportunities to use non-publicly may find the Grants.gov ‘‘Registration 1. Social Security and Retirement 2. Macroeconomic Analyses of Social available data that can be accessed at Brochure’’ on the above noted Internet Security restricted-use data sites, subject to the page to be helpful. If you experience 3. Wealth and Retirement Income rules and requirements of those sites. problems with the steps related to 4. Program Interactions (2) Dissemination. The RRC will registering to do business with the 5. International Research disseminate policy research findings
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using a variety of media to inform the individual assets, earnings from is to produce high-quality research academic community, policymakers, continued employment, etc. Examples covering the range of objectives and the public. of research topics include the role of discussed above, across the separate (3) Training and education. The RRC financial literacy in wealth priority areas. will train and provide funding support accumulation/decumulation, the b. Tasks for graduate students and postgraduates optimal design of retirement investment to conduct research on retirement policy vehicles, effects of 401(k) and Each center will perform the related matters. 403(b)plans on retirement wealth, following tasks: measuring retiree well-being, and the 1. Research, evaluation, and data B. The Role of the Center(s) distribution of retirement income development. Each center will be a. Priority Research Areas (PRAs) sources among subgroups of interest. expected to plan, initiate, and maintain 4. Program Interactions: This covers a research program that meets the The successful applicant shall interactions between current Old Age highest standards of rigor and develop and conduct a research and and Survivors’ Insurance (OASI) and objectivity. evaluation program that also other public or private programs, like Joint research between Consortium appropriately balances dissemination Disability Insurance (DI), Supplemental and SSA researchers is encouraged, as is and training activities directed toward Security Income (SSI), and Medicare, as collaboration with other organizations understanding retirement policy. SSA well as private pension plans and interested in retirement income policy. has identified six priority research areas personal saving. Examples of research Federal employees can not receive any within the realm of retirement income topics include interactions between funding support for collaborations. policy. Reviewers will score favorably Veterans’ Disability Insurance, SSI and Planning and execution of the research applications that feature high quality Social Security, reforms to promote program shall always consider the research projects that address the work among the disabled, policy implications of research findings. priority areas. The priority research understanding retirees’ take up of However, SSA also considers it areas are: Medicare Part D, and in general how appropriate, for example, to engage in 1. Social Security and Retirement: changes in the Social Security program activities to make advances in research Here we seek to understand how Social (e.g., retirement ages, tax rates, benefit techniques, where these are related to Security’s programs influence the nature amounts, benefit computation) might primary objectives of the Consortium. and timing of retirement and the influence applications to the DI or SSI SSA recognizes the value of high- claiming of benefits, and the impact of programs. quality comprehensive micro-data for changes in Social Security program 5. International Research: The aim conducting policy research. The RRC rules on Trust Fund solvency. Examples here is to learn from other countries’ should work to facilitate the of research topics for this area include social insurance experiences. This development of micro-data sources as new insights on claiming behavior, includes cross-country comparisons of well as provide researchers with demand and supply of older workers, social, demographic, and institutional opportunities to use non-publicly health and functional capacity of older characteristics as well as studies of available data for research purposes workers with an emphasis on whether specific countries as they institute under secure conditions. Such efforts older workers can work longer given reform. Examples of research topics must adhere to clear privacy protection longer life expectancies, early include cross-national comparisons of requirements. For example, RRC retirement and the disability program, retirement policy reform, health researchers may be allowed to access retirement decisions of married couples, insurance and retirement behavior, and SSA administrative data, including effects of voluntary individual accounts, pension reform in various countries. administrative data files that have been and implications of changes in the 6. Demographic Research: This area linked to surveys sponsored by SSA or Social Security retirement ages and includes changes in mortality, fertility, other Federal agencies, at SSA sites by other parameters of the Social Security immigration, health, and marital status, following the requirements of SSA and program (e.g., tax rate, benefit amount, and their implications for retirement those other Federal agencies. They may benefit computation.) policy. Also included in this area are be subject to background checks and 2. Macroeconomic Analyses of Social differences in the effects of Social fingerprinting in accordance with SSA Security: This includes the Security policy alternatives among personnel suitability requirements. SSA macroeconomic and financial effects of workers and beneficiaries by age, race/ will distribute the necessary forms and Social Security and changes in policy ethnicity, sex, and occupation. consents for completion to awardees on national saving, investment, and Examples of research topics include interested in accessing administrative economic growth. Macroeconomic trends in fertility and mortality, labor data at SSA sites. RRC researchers can analysis also includes, but is not limited market behavior of immigrants, marital also access restricted data at other to, the intertemporal effects on capital histories and retirement income federal agency restricted data sites, such formation, retirement savings, and the security, and health limitations and as those of the Census Bureau and the unified budget. Examples of research retirement behavior. National Center for Health Statistics, topics include the study of demographic SSA realizes competent analysis of all subject to the rules and restrictions of change on saving, effects of national tax priority research areas may be beyond those sites. Restricted data from the policy on Social Security Trust funds, the capacity of any one center and thus Health and Retirement Study can be and the impact on financial markets of each center may wish to focus their obtained after meeting their Social Security reform. individual resources and expertise on a requirements for approval. 3. Wealth and Retirement Income: subset of the areas listed above. Examples of data improvement efforts This area considers the role of Social Similarly, a center may choose to include improving the quality of Security in retirement income and concentrate on a few aspects of the existing data sources and their wealth accumulation. This area also priority research areas more strongly documentation; aiding researchers to includes analyses of other sources of than others. SSA expects each center to use administrative data extracts at SSA retirement income and private savings describe its quality assurance process. sites for policy-relevant research such as employer-provided pensions, The goal of the Consortium as a whole projects; developing sophisticated
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statistical techniques to mask micro- field of retirement research. The RRC Jointly with SSA, each center will data; and developing new sources of should allocate funding in two ways: select approximately six nationally data for retirement policy analysis. Dissertation fellowships to support recognized scholars and practitioners In order to ensure the policy graduate students and small research who are unaffiliated with any center to relevance, utility, and scope of the grants to support postdoctoral provide assistance in formulating the centers’ research, evaluation, and data researchers and junior scholars. center’s research agenda and advice on development goals, a group of Applications solicited widely and implementation. Each center shall select nationally recognized scholars and nationally are encouraged. Graduate three scholars/practitioners, and SSA practitioners (See Part I, Section C, students working with RRC researchers will select three scholars/practitioners. Center Responsibilities) shall on funded projects as research assistants Efforts will be made in selecting the periodically review the center’s will be included in the research budget, scholars/practitioners to assure a broad activities. not in the training budget. The centers range of academic disciplines and 2. Dissemination. Another important will conduct educational seminars for political viewpoints. Funded under this feature of each center’s responsibilities government analysts and policymakers agreement, the scholars/practitioners is making knowledge and information on the Consortium’s research findings must meet once a year at the RRC available to the academic and policy and methodological advancements. Annual Conference in Washington, DC. communities and the public. The RRC To assure the quality of its research, On occasion, all centers’ scholars/ will facilitate the process of translating dissemination, and training, each center practitioners will meet jointly to basic behavioral and social research should establish and maintain a formal evaluate and provide advice on theories and findings into practical tie with a university, including links Consortium objectives and progress. policy alternatives. The centers will be with appropriate departments within Further, the centers may contact the expected to maintain a dissemination that university. Each center must have scholars/practitioners throughout the system of quarterly newsletters, research a major presence at a single site; year for suggestions regarding center papers, and policy briefs. These however, alternative arrangements activities. The SSA Project Officer or products should be accessible to the among entities and with individual representative will participate in all public via the Internet on a center- scholars are encouraged and may be meetings. maintained Web site. In addition, the proposed. 2. SSA Responsibilities: SSA will be centers will be expected to organize 4. Reporting. Every three months involved with the Consortium in jointly conferences, workshops, lectures, during the award period, the grantee establishing research priorities and seminars, or other ways of sharing will produce a quarterly report of deliverable dates to accomplish the current research activities and findings. progress. The grantee’s quarterly objectives of this announcement. SSA, The Consortium will hold an annual progress reports should provide a or its representatives, will provide the conference on issues related to concise summary of the progress being following types of support to the retirement income policy, with made toward completion of activities in Consortium: organizational responsibility rotating the annual work plan. The grantee among the centers. The centers will should pay particular attention in the a. Consultation and technical work with SSA to produce a conference reports to achieving any milestones set assistance in planning, operating and agenda. The conference will be held in forth in the work plan, delays in evaluating the Consortium’s activities. Washington, DC. The hosting center will achieving milestones and the impact of b. Information about SSA programs, also have the responsibility for delays on the final product. Details policies, and research priorities. preparing and distributing a bound regarding the format of quarterly c. Assistance in identifying SSA volume of conference papers and related progress reports will be provided in the information and technical assistance materials to conference participants. RRC Terms and Conditions at the time resources pertinent to the centers’ SSA encourages applicants to propose of award. success. creative methods of disseminating data d. Review of Consortium activities and information. Applications should C. Responsibilities and collegial feedback to ensure that show sensitivity to alternative 1. Center Responsibilities: The centers objectives and award conditions are dissemination strategies that may be have the primary and lead responsibility being met. SSA may suspend or appropriate for different audiences, to define objectives and approaches; terminate any cooperative agreement in such as policymakers, practitioners, the plan research, conduct studies, and whole or in part at any time before the public, advocates, and academics. The analyze data; and publish results, date of expiration, if the awardee research and dissemination will be interpretations, and conclusions of their materially fails to comply with the nonpartisan and of value to all levels of work. terms and conditions of the cooperative policymaking. SSA reserves the right to Occasionally, SSA will request Quick agreement, technical performance review all publications created using Turnaround projects from the RRC. requirements are not met, or the project Consortium funding. These projects include commenting on is no longer relevant to the Agency. SSA 3. Training and education. The RRC is SSA research plans, providing critical will promptly notify the awardee in expected to both train new scholars and commentary on research products, writing of the determination and the to educate academics and practitioners composing policy briefs, performing reasons for suspension or termination on new techniques and research statistical policy analyses, and other together with the effective date. SSA findings on issues of retirement policy. activities designed to inform SSA’s reserves the right to suspend funding for SSA expects each center to develop and research, evaluation, and policy analysis individual projects in process or in expand a diverse corps of scholars/ function. Funding for these as well as previously approved research areas or researchers who focus their analytical other related activities should be tasks after awards have been granted. skills on research and policy issues included in the budget narrative at a In general, SSA seeks organizations central to the Consortium’s mission. level of $40,000. The agency can raise with demonstrated capacity for SSA expects the centers to financially the ceiling above $40,000 for quick providing quality policy research and support the training and research of turnaround projects if both need and training, and working with government young scholars or scholars new to the funds exist. policymakers.
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Part II. Award Information Although up to three awards are under section 501(c)4 of the Internal anticipated, nothing in this Revenue Code that engage in lobbying A. Type of Award announcement restricts SSA’s ability to are prohibited from receiving Federal All awards made under this program make more or fewer awards, to make an cooperative agreement awards. will be made in the form of a award of lesser amount, or to add B. Cost Sharing cooperative agreement. A cooperative additional centers to the RRC in the agreement, as distinct from a grant, future. Further, SSA is not required to SSA will not provide a center’s entire anticipates substantial involvement fund all proposed Consortium activities funding. Recipients of an SSA between SSA and the awardee during in any year. SSA will review all cooperative agreement are required to the performance of the project. A proposed activities annually and award contribute a non-Federal match of at comprehensive annual review process up to $2.75 million per center per year. least 5 percent toward the total will allow SSA to evaluate, recommend approved cost of each center. The total changes, and approve each center’s C. Letter of Intent approved cost of the project is the sum activities. SSA’s involvement may Prospective applicants are asked to of the Federal share (maximum of 95 include collaboration or participation in submit by May 9, 2008, a letter of intent percent) and the non-Federal share the activities of the centers as that includes (1) this program (minimum of 5 percent). The non- determined at the time of award. The announcement number and title; (2) a Federal share may be cash or in-kind terms of award are in addition to, not in brief description of the proposed center; (property or services) contributions. lieu of, otherwise applicable guidelines (3) the name, postal and e-mail C. Other and procedures, and will be issued addresses, and the telephone and fax along with notice of award. numbers of the Center Director; and (4) Each center director must have a The grantee must apply to continue the identities of the key personnel and demonstrated capability to organize, the cooperative agreement in order to participating institutions. The letter of administer, and direct the center. The receive funds in subsequent years of the intent is not required, is not binding, director will be responsible for the 5-year agreement. The grantee will and does not enter into the review organization and operation of the center produce a continuation application, process of a subsequent application. The and for communication with SSA on subject to review and approval by SSA. sole purpose of the letter of intent is to scientific and operational matters. The The continuation application should allow SSA staff to estimate the potential director must also have a minimum time clearly describe a set of research, review workload and avoid conflicts of commitment of 25 percent to training, and dissemination activities interest in the review. The letter of Consortium activities. Racial/ethnic that best address the priorities of SSA. intent should be sent to: Sharmila minority individuals, women, and SSA will engage in a dialogue with Choudhury, RRC Letter of Intent, Office persons with disabilities are encouraged grantees throughout the award period of Retirement and Disability Policy, to apply as directors. A list of previous regarding research topics. Based on that Social Security Administration, 500 E grants and cooperative agreements held dialogue, SSA will provide the grantee St., SW., ITC Room 913, Washington, by the director shall be submitted with guidance (in writing) on the DC 20254–0001. E-mail: including the names and contact agency’s research priorities for the [email protected]. information of each grant’s and subsequent continuation cycle. cooperative agreement’s administrator. Part III. Eligibility Information B. Availability and Duration of Funding In addition to the director, skilled A. Eligible Applicants personnel and institutional resources 1. Up to $7.5 million will be available capable of providing a strong research to fund the initial 12-month budget SSA seeks applications from domestic Institutions of Higher Education, and evaluation base in the specified period of a proposed five-year priority areas must be available. The cooperative agreement(s) pursuant to Hospitals, Non-Profit organizations, Commercial organizations, Federal and institution must show a strong the announcement. commitment to the Consortium’s 2. Applicants must include detailed State Governments, and Native American tribal organizations. Each support. Such commitment may be budget estimates for the first year. provided as dedicated space, salary 3. The amount of funds available for center need not be limited by geographical boundaries. A research support for investigators or key the cooperative agreement in future personnel, dedicated equipment or years has not been established. team may consist of investigators or institutions that are geographically other financial support for the proposed Legislative support for continued center. funding of the Consortium cannot be distant, to the extent that the research guaranteed and funding is subject to design requires and accommodates such Part IV. Application and Submission future appropriations and budgetary arrangements. Nothing in this Information announcement precludes non-academic approval. SSA expects, however, that A. Overview the Consortium will be supported entities from being affiliated with an during future fiscal years at an annual applicant. This part contains information on the level of up to $7.5 million. No cooperative agreement funds may preparation of an application for 4. Nothing in this announcement be paid as profit to any cooperative submission under this announcement states that the annual funds will be agreement recipient. For-profit and the forms necessary for submission. divided proportionately among the organizations may apply with the Potential applicants should read this centers. understanding that no funds may be part carefully in conjunction with the 5. Additional funds may become paid as profit. Profit is considered as information provided in Part I. available from SSA or other Federal any amount in excess of the allowable SSA anticipates that the applicant agencies in support of Consortium costs of the award recipient. will have access to additional sources of projects. In accordance with an amendment to funding for some projects and 6. Initial awards, pursuant to this the Lobbying Disclosure Act, popularly arrangements with other organizations announcement, will be made on or known as the Simpson-Craig and institutions. The applicant about September 15, 2008. Amendment, those entities organized (including the center Director and other
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key personnel) shall make all current host institution, universities, research themes and projects. The lines and anticipated related funding foundations, other Federal agencies, of research described in the prospectus arrangements (including contact etc.) and the uses to which they would should be concrete enough that project information for grant/contract/ be put, should be documented in this descriptions in subsequent research cooperative agreement administrators) section. When additional funding is plan amendments can be viewed as explicit in an attachment to the contemplated, applicants shall note articulating a research theme discussed application (Part IV, Section D). As part whether the funding is being donated by in the prospectus. An application that of the annual review process, this the host institution, is in-hand from contains an ad hoc categorization of an information will be updated and another funding source, or will be unstructured set of research projects, reviewed to limit duplicative funding applied for from another funding rather than a set of projects that strike for center projects. source. Formal commitments for the 5 a coherent theme, will be judged percent, non-federal, minimum budget B. Availability of Application Forms unfavorably. share should be highlighted in this The application kit is available at Note: Once a successful RRC applicant has section. been selected, SSA will review the RRC www.grants.gov. For information Seeking additional support from other research agenda and determine research regarding the application package, sources is encouraged. However, funds priorities. This may include the addition, contact: SSA, Office of Acquisition and pertaining to this announcement must modification, or removal of proposed Grants, Grants Management Team, 7111 not duplicate those received from other research projects. After review, each center Security Blvd., 1st Floor Rear Entrance, funding sources. will submit to SSA a revised research plan Baltimore, MD 21244. Contact persons Project Narrative: The core of the and budget. The research plan will be are: Gary Stammer, Grants Management application must contain five sections, periodically reviewed and revised as Officer, telephone (410) 965–9501, (e- presented in the following order: necessary. The application should discuss mail: [email protected]); or Mary (1) A brief (not more than 10 pages) how the centers select research projects to Biddle, Grants Management Officer, background analysis of the key propose, including involvement of the retirement policy issues and trends with outside scholars/practitioners, SSA, and telephone (410) 965–9503, e-mail: other advisors and participants in the [email protected]. The fax number is a focus on the primary research themes consortium. (410) 966–9310. To request an of the proposed center. The analysis application kit for those without should discuss concisely, but (3) A prospectus for dissemination, Internet access or for those experiencing comprehensively, important priority including ways to reach a broad extenuating circumstances preventing research issues and demonstrate the audience of researchers, policymakers, the submission of an electronic applicant’s grasp of the policy and and the public. Dissemination plans application, contact the Grants research significance of recent and should detail proposed publications and Management Office as mentioned above. future social, economic, political, and conferences. When requesting an application kit, demographic issues. (4) A prospectus for training and the applicant should refer to the (2) A research and evaluation education, including proposed training program announcement number SSA– prospectus for a five-year research and educational strategies to meet the ORES–08–1 and the date of this agenda, outlining the major research goals described in Part I, Section B-b, announcement to ensure receipt of the themes to be investigated over the next Task 3. proper application kit. five years. In particular, the prospectus (5) A staffing and organization will describe the activities planned for proposal for the center, including an C. Content and Organization of the priority research areas and other analysis of the types of background Technical Application additional research topics proposed by needed among staff members, the The application must begin with the the applicant. The prospectus should center’s organizational structure, and required application forms and a three- discuss the kind of research activities linkages with the host institution and page (double-spaced) overview and that are needed to both address current other organizations. In this section, the summary of the application. Staff Social Security issues and anticipate applicant should specify how it will resumes should be included in a future policy debates. The prospectus assure an effective approach to research, separate appendix. should follow from the background and where appropriate, identify the Budget Narrative: In addition to analysis section. It may, of course, also necessary links to university providing an explanation of the budget discuss research areas and issues that departments, other organizations and categories specified in the required were not mentioned in the analysis if scholars engaged in research and forms, the budget narrative must also the author(s) of the application feel government policy making. link the research, training, there have been gaps in past research, or The applicant should identify the dissemination, and administration to that new factors have begun to affect or center Director and key senior research the center’s funding level. The special soon will begin to affect national staff. Full resumes of proposed staff instructions attachment of the retirement policy. If a center intends to members must be included as a separate application kit provides information on enhance data for retirement research appendix to the application. The time the distribution and presentation of purposes, they should include a commitment to the center and other budget data. Though SSA believes that discussion of the technical expertise of commitments for each proposed staff all three of the stated goals and center staff and proposed mechanisms member shall be indicated. The objectives are important, it is expected to facilitate the sharing of data. application should specify how that the substantial majority of funds The prospectus shall include detailed administrative arrangements would be will support Research, Evaluation, and descriptions of individual research made to minimize start-up and Data Development. Funding should also projects that will be expected in the transition delays. Note that once the be allocated to address occasional SSA center’s first year of operation. The cooperative agreement has been requested activities (described in Part I, special instructions attachment of the awarded, changes in key staff will Section C–1). application kit provides guidelines for require prior approval from SSA. The The availability, potential availability project proposals. The prospectus kinds of administrative and tenure or expectation of other funds (from the should be specific about long-term arrangements, if any, the center
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proposes to make should also be 5. Budget Narrative for Section B— date of June 9, 2008. However, when the discussed in this section. In addition, Budget Categories; SSA Grants Management Team the authors of the application and the 6. Copy of the applicant’s approved approves the submission of a mailed role that they will play in the proposed indirect cost rate agreement, if application due to extenuating center must be specified. appropriate; circumstances, applications may be This section shall discuss the 7. Part III—Project Narrative. The mailed or hand-delivered to: Social financial arrangements for supporting project narrative should be organized in Security Administration, Office of research assistants, dissertation five sections: Acquisition and Grants, Grants fellowships, affiliates, resident scholars, (1) Background Analysis, Management Team, Attention: SSA– etc. The discussion should include the (2) Research, Evaluation, and Data ORES–08–1, 1st Floor-Rear Entrance, expected number and type of scholars to Development Prospectus, 7111 Security Blvd., Baltimore, MD be supported and the level of support (3) Dissemination Prospectus, 21244. Hand-delivered applications are anticipated. (4) Training and Education accepted between the hours of 8 a.m. If the applicant envisions an Prospectus, and 5 p.m., Monday through Friday. An arrangement of several universities or (5) Staffing Proposal Including Staff application will be considered as entities, this section should describe the Utilization, Staff Background, and meeting the deadline if it is either: specifics of the relationships, including Organizational Experience. • Received from Grants.gov on or leadership, management, and 8. Assurances—Form SF–424B; before the deadline date; or administration. The staffing proposal 9. Disclosure of Lobbying Activities, • Received at the above address on or should pay particular attention to Form SF–LLL, if applicable. before the deadline, when a mailed discussing how a focal point for 10. Any appendices/attachments. application has been authorized by the research, training, and scholarship will Grants Management Team; or E. Guidelines for Application • be maintained given the arrangement Submission Postmarked by June 9, 2008 when a proposed. mailed application has been authorized The application also should discuss These guidelines should be followed by the Grants Management Team. the role, selection procedure, and in submitting applications: Packages approved for mailing must be expected contribution of the outside —All applications requesting SSA funds sent through the U.S. Postal Service or scholars/practitioners (See Part I, for cooperative agreement projects by commercial carrier on or before the Section C–1). under this announcement must be deadline date and received in time to be The application should provide an submitted on the standard forms considered during the competitive organizational experience summary of provided in the application kit. review and evaluation process. past work at the institution proposed as —The application shall be executed by Applicants are cautioned to request a the location (or the host) of the center an individual authorized to act for the legibly dated U.S. Postal Service that relates directly or indirectly to the applicant organization and to assume postmark or to obtain a legibly dated research priorities of this request. This for the applicant organization the receipt from a commercial carrier as discussion should include more than a obligations imposed by the terms and evidence of timely mailing. Private listing of the individual projects conditions of the cooperative metered postmarks are not acceptable as completed by the individuals who are agreement award. proof of timely mailing. included in the application. The —Length: Applications should be as Applications that do not meet the discussion should provide a sense of brief and concise as possible, but above criteria will be considered late institutional commitment to policy assure successful communication of applications. SSA will not waive or research on issues involving retirement the applicant’s proposal to the extend the deadline for any applicant policy. The application must list in an reviewers. The Project Narrative unless the deadline is waived or appendix appropriate recent or current portion of the application may not extended for all applicants. SSA will research projects, with a brief research exceed 150 double spaced pages notify each late applicant that its summary, contact person, references, (excluding the resume and outside application will not be considered. and address and telephone numbers of funding appendices), equivalent to Letters of intent, which are optional, references. This section should also being typewritten on one side using are requested by May 9, 2008. See Part 1 ″ ″ discuss the experience of the research standard (8 ⁄2 x 11 ) size paper and II, Section C for details. 12 point font. Attachments that staff in working with the government G. Funding Restrictions agencies and their demonstrated support the project narrative count capacity to provide policy relevant within the 150 page limit. There will be limitations concerning support to these agencies. Attachments not applicable to the allowable construction expenses. project narrative do not count toward Submitted budgets may include minor D. Components of a Complete this page limit. construction expenses, such as Application —Attachments/Appendices, when alterations and renovations. This could A complete application package included should be used only to include work required to change the consists of one electronic application. It provide supporting documentation. interior arrangements or other physical should include the following items: —On all applications developed by characteristics of an existing facility or 1. Project Abstract/Summary (not to more than one organization, the installed equipment so that it may be exceed three pages); application must identify only one more effectively used for the project. 2. Table of Contents; institution as the lead organization Alteration and renovation may include 3. Part I (Face Sheet)—Application for and the official applicant. The other(s) work referred to as improvements, Federal Assistance (Standard Form 424); can be included as sub grantees or conversion, rehabilitation, remodeling, 4. Part II—Budget Information— subcontractors. or modernization, but is distinguished a. Form SF–424A—Sections A from construction and large scale through F F. Submission Dates and Times permanent improvements. b. Form SSA SF–424 Section G— Applicants must submit applications Awards will not allow reimbursement Personnel through www.grants.gov by the closing of pre-award costs.
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H. Other Submission Requirements amount of required project information. areas and how closely the proposed SSA requires applicants to submit an However, when completing the Project projects fit the objectives for which the electronic application through Narrative, please follow the guidelines applications were solicited. www.grants.gov for Funding under Part IV, Section C, above. The application will be judged on the Opportunity Number SSA–ORES–08–1. All awardees must adhere to SSA’s breadth and depth of the applicant’s If you experience problems with Privacy and Confidentiality Regulations commitment to research and evaluation application submission, your first point (20 CFR part 401) as well as provide of the priority research areas described of contact is the Grants.gov support staff specific safeguards surrounding client in Part I, Section B, part a. The at [email protected], 1–800–518– information sharing, paper/computer discussion and research proposed must 4726. If your difficulties are not records/data, and other issues address at least three priority research resolved, you may also contact the SSA potentially arising from administrative areas, preferably with a multi- Grants Management Team for data. Additional details regarding disciplinary approach. Applicants will assistance: Gary Stammer, 410–965– safeguarding of Personally Identifiable generally receive higher scores for 9501; Audrey Adams, 410–965–9469; or Information are available in the SSA addressing more than three priority Mary Biddle, 410–965–9503. If Grants Administration Manual, Section research areas. However, a strong extenuating circumstances prevent you 3–10–60, available at http:// proposal focusing on three areas will from submitting an application through www.ssa.gov/oag/grants/ outscore one that is broad and weakly _ www.grants.gov, please contact the SSA ssagrant info.htm. defined. Applicants with additional Grants Management Team for possible insightful research proposals will also B. Selection Process and Evaluation score higher. Besides detailed plans for prior written approval to download, Criteria complete and submit an application by research projects in the first year, the mail. When such approval is granted, The evaluation criteria correspond to research agenda should discuss possible the downloadable application package the outline for the development of the projects over the longer five-year will be available at www.ssa.gov/oag. Budget and Project Narrative Statement horizon. Reviewers will rate The address for pre-approved mailed of the application described in Part IV, applications on the contents of the plans applications is: Social Security Section C, above. The application to conduct policy relevant research. should be prepared in the format (3) Dissemination. (15 points) Administration, Office of Acquisition Reviewers will evaluate strategies for and Grants, Grants Management Team, indicated by the outline described in the dissemination of research and other Attention: SSA–ORES–08–1, 1st Floor- components of a complete application related information to a broad and Rear Entrance, 7111 Security Blvd., (Part IV, Section D). disparate set of academic, research, and Baltimore, MD 21244. To ensure receipt Selection of the successful applicants policy communities as well as to the of the proper application package, will be based on the technical and public. Reviewers will also evaluate please include program announcement financial criteria laid out in this whether the appropriate dissemination number SSA–ORES–08–1 and the date announcement. Reviewers will method is being proposed for targeted of this announcement. determine the strengths and weaknesses of each application in terms of the audiences of academics and researchers, Part V. Application Review Information evaluation criteria listed below. policymakers, and the public. Proposed A. Review Process and Funding The point value following each strategies that increase dissemination criterion heading indicates the across centers and other organizations In addition to any other reviews, a maximum numerical relative weight conducting retirement research will also review panel consisting of at least three that each section will be given in the receive higher ratings. qualified persons will be formed. Each review process. An unacceptable rating (4) Training. (10 points) panelist will objectively review and on any individual criterion may render The evaluation of the training and score the cooperative agreement the application unacceptable. education prospectus will include an applications using the evaluation Consequently, applicants should take assessment of plans to enhance the criteria listed below. The panel will care that all criteria are fully addressed training of graduate students and young recommend centers based on (1) the in the applications. Applications will be scholars through direct financial application scores; (2) the feasibility and reviewed as follows: support as well as exposure to policy adequacy of the project plan and (1) Quality of the background research. An approach that solicits methodology; and (3) how the centers analysis. (10 points) applications widely and from across the would jointly meet the objectives of the Applications will be judged on nation is encouraged. In addition, Consortium. The Agency will consider whether they provide a thoughtful and reviewers will evaluate proposed the panel’s recommendations when coherent discussion of political, strategies for educating and training awarding the cooperative agreements. economic, social, and demographic policymakers and practitioners on Although the results from the review issues influencing retirement and issues of retirement. panel are the primary factor used in solvency. Reviewers will judge (5) Quality of the staffing proposal making funding decisions, they are not applicants’ abilities to discuss the past, and proposed administration. (15 the sole basis for making awards. The present, and future role of government points) Agency will consider other factors as programs and polices which affect these Reviewers will judge the applicant’s well (such as duplication of internal and issues and how these are tied to their center Director and staff on research external research effort) when making proposed research agenda. experience, demonstrated research funding decisions. (2) Quality of the research and skills, administrative skills, public All applicants must use the guidelines evaluation prospectus. (40 points) administration experience, and relevant provided in the SSA application kit at Reviewers will judge this section on policy-making skills. An additional www.grants.gov by June 9, 2008 for whether the research agenda is criterion will be the center’s preparing applications requesting scientifically sound and policy relevant. demonstrated potential to act as a funding under this cooperative They also will consider whether the conduit between basic and applied agreement announcement. These applicant is likely to produce significant behavioral and social science research guidelines describe the minimum contributions to their proposed research and policy analysis/evaluation. Both the
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evidence of past involvement in related 15, 2008. Those who were not selected (Catalog of Federal Domestic Assistance: research and the specific plans for will be notified by official letter. Program No. 96.007, Social Security— seeking applied outcomes described in Research and Demonstration) C. Administration and National Policy the application shall be considered part Dated: March 21, 2008. Requirements of that potential. Reviewers may Michael J. Astrue, consider references from grant/ Executive Order 12372 and 12416— Commissioner of Social Security. cooperative agreement administrators Intergovernmental Review of Federal [FR Doc. E8–6948 Filed 4–2–08; 8:45 am] Programs on previous grants and cooperative BILLING CODE 4191–02–P agreements held by the proposed center This program is not covered by the Director or other key personnel. Director requirements of Executive Order (E.O.) and staff time commitments to the 12372, as amended by E.O. 12416, DEPARTMENT OF TRANSPORTATION center also will be a factor in evaluation. relating to the Federal policy for Reviewers will evaluate the affiliations consulting with State and local elected National Highway Traffic Safety of proposed key personnel to ensure the officials on proposed Federal financial Administration required multi-disciplinary nature of the assistance. consortium is being fulfilled. Reports, Forms and Recordkeeping VII. Agency Contacts Applicants will be judged on the Requirements; Agency Information nature and extent of the organizational For matters related to the application Collection Activity Under OMB Review support for research, mentoring and submission process for this scholars, dissemination, and in areas cooperative agreement, contact Grants AGENCY: National Highway Traffic related to the center’s central priorities Management Officer, Gary Stammer at Safety Administration, DOT. and this request. Reviewers will (410) 965–9501 or ACTION: Notice. evaluate the commitment of the host [email protected], or Mary Biddle, institution (and the proposed Grants Management Officer, at (410) SUMMARY: In compliance with the institutional unit that will contain the 965–9503 or [email protected]. The Paperwork Reduction Act of 1995 (44 center) to assess its ability to support all mailing address is SSA, Office of U.S.C. 3501 et seq.), this notice three of the center’s major activities: (1) Acquisition and Grants, Grants announces that the Information Research, evaluation, and data Management Team, 7111 Security Blvd., Collection Request (ICR) abstracted development; (2) dissemination; (3) 1st Floor, Rear Entrance, Baltimore, MD below has been forwarded to the Office education and training. Reviewers also 21244. The fax number is (410) 966– of Management and Budget (OMB) for will evaluate the applicant’s 9310. review and comment. The ICR describes demonstrated capacity to work with a For program content information, the nature of the information collections range of government agencies. contact the RRC Project Officer, and their expected burden. The Federal (6) Appropriateness of the budget for Sharmila Choudhury at (202) 358–6261 Register Notice with a 60-day comment carrying out the planned staffing and or [email protected]. The period was published on January 9, activities. (10 points) mailing address is SSA, Office of 2008, Vol. 73, No. 6, Pages 1666–1667. Reviewers will consider whether (1) Retirement and Disability Policy, 500 E DATES: Comments must be submitted on the budget assures an efficient and St., SW., Room 913, Washington, DC or before May 5, 2008 effective allocation of funds to achieve 20254. The fax number is (202) 358– FOR FURTHER INFORMATION CONTACT: the objectives of this solicitation, and (2) 6187. Susan Ryan at the National Highway the applicant has additional funding VIII. Other Traffic Safety Administration, Office of from other sources, in particular, the Regional Operations and Program host institution. Applications that show This announcement is for the re- competition of the RRC. The cooperative Delivery (NTI–200), 202–366–2715, funding from other sources that 1200 New Jersey Avenue, SE., supplement funds from this cooperative agreement for the RRC currently in place was awarded in 2003 and will Washington, DC 20590. agreement will be given higher marks SUPPLEMENTARY INFORMATION: than those without financial support. expire in September 2008. Along with the official notice of Awardees are required to contribute a National Highway Traffic Safety award each year, SSA will issue a set of minimum of 5 percent cost share of total Administration Terms and Conditions that define project costs. closely the responsibilities of the center Title: Highway Safety Program Cost Panel Recommendations. Once each and SSA towards meeting the goals of Summary and 23 CFR Part 1345, application is scored and ranked, the the cooperative agreement. Occupant Protection Incentive Grant, panel will then review the top An Annual Priority Research Memo Section 405. applicants and recommend centers that will also be issued each year before the OMB Numbers: 2127–0003; 2127– together best address the range of start of the continuation cycle to guide 0600. responsibilities described in Part I. the centers in preparing their Type of Request: Extension to a Part VI. Award Administration continuation applications. previously approved collection of Information SSA is committed to accessibility of information. its products to persons with disabilities. Abstract: The Highway Safety Plan A. Notification Each center’s Web site should meet identifies state’s traffic safety problems Grants.gov will issue application accessibility standards identified in and describes the program and projects receipt acknowledgements. Section 508 of the Rehabilitation Act. to address those problems. In order to The annual conference also should be account for funds expended, States are B. Award Notices accessible to persons with disabilities. required to submit a HS–217 Highway Applicants who have been selected Additional information on how SSA Safety Program Cost Summary. The will receive an official electronic notice sponsors grants and other details may be Program Cost Summary is completed to of award signed by an SSA Grants found on the Grants Home page at reflect the state’s proposed allocations Management Officer around September http://www.ssa.gov/oag. of funds (including carry-forward funds)
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by program area, based on the projects ACTION: Notice of public meeting. progress have been made since the and activities identified in the Highway February 2007 meeting, we believe Safety Plan. SUMMARY: This notice is to advise additional steps should be taken to An occupant protection incentive interested persons that PHMSA will prevent a significant incident. While the grant (Section 405) is available to states conduct a public meeting to discuss the safety record associated with the that can demonstrate compliance with safe transportation of lithium batteries. transportation of lithium batteries is at least four of six criteria. DATES: The public meeting will be very good, we continue to observe Demonstration of compliance requires Friday, April 11, 2008, starting at 9 a.m. incidents in all modes of transport and submission of copies of relevant seat ADDRESSES: The meeting will be held at are especially concerned about the risk belt and child passenger protection the U.S. DOT headquarters, Rooms 8–9– of battery-related fires aboard aircraft. statutes, plan and/or reports on 10—DOT Conference Center, 1200 New PHMSA is aware of more than 90 statewide seatbelt enforcement and Jersey Ave., SE., Washington, DC 20590. reports of transport incidents involving child seat education programs and The main visitor’s entrance is located in batteries and battery-powered devices; possible some traffic court records. the West Building, on New Jersey several of these have involved fires in Affected Public: For the Highway Cost Avenue and M Street. For information an aircraft cabin. In cooperation with Summary the public is the 50 states, on the facilities or to request special NTSB and FAA we are investigating a District of Columbia, Puerto Rico, U.S. accommodations, please contact Kevin number of these incidents to determine Territories, and Tribal Government. For Leary at the telephone number listed their root cause and to identify effective the Section 405 grant program the under FOR FURTHER INFORMATION measures to reduce risk. Based on the public is the 50 states, the District of CONTACT below. observed incidents and our Columbia, Puerto Rico, American FOR FURTHER INFORMATION CONTACT: investigations, we have identified Samoa, Guam, Northern Marianas and Kevin Leary, Office of Hazardous several factors we believe are the the Virgin Islands. Materials Standards, telephone, 202– primary cause of most of the battery Estimated Total Annual Burden: 570 366–8553, Pipeline and Hazardous incidents. These factors include: and 780 respectively. Materials Safety Administration, U.S. internal short circuits, external short Address: Send comments, within 30 Department of Transportation, East circuits, improper charging or days, to the Office of Information and Building, PHH–10, 1200 New Jersey discharging, and non-compliance with Regulatory Affairs, Office of Avenue, SE., Washington, DC 20590– current safety standards. Management and Budget, 725–17th 0001. On December 17, 2007 and January 7, Street, NW., Washington, DC 20503, 2008, the National Transportation Safety Attention: NHTSA Desk Officer. SUPPLEMENTARY INFORMATION: On Board (NTSB) issued a total of eight Comments are invited on: Whether February 22, 2007, the Pipeline and safety recommendations following its the proposed collection of information Hazardous Materials Safety investigation of a February 7, 2006 is necessary for the proper performance Administration (PHMSA) hosted a hazardous materials incident at the of the functions of the Department, meeting of public and private sector Philadelphia International Airport. In including whether the information will stakeholders who share our interest in that incident, United Parcel Service have practical utility; the accuracy of the safe transportation of batteries and Company flight 1307 landed at the the Departments estimate of the burden battery-powered devices. The meeting airport after a cargo smoke indication in of the proposed information collection; included representatives of the National the cockpit. The captain, first officer, ways to enhance the quality, utility and Transportation Safety Board (NTSB), the and a flight engineer evacuated the clarity of the information to be Federal Aviation Administration (FAA), airplane after landing, sustaining minor collected; and ways to minimize the the National Highway Traffic Safety injuries. The airplane and most of the burden of the collection of information Administration (NHTSA), battery and cargo were destroyed by a fire. NTSB on respondents, including the use of electronics manufacturers, the Air determined that the probable cause of automated collection techniques or Transport Association (ATA), the Air this accident was an in-flight cargo fire other forms of information technology. Line Pilots Association (ALPA), and from an unknown source. The NTSB A comment to OMB is most effective if emergency responders. On the basis of issued the following safety OMB receives it within 30 days of the meeting we initiated a recommendations: publication. comprehensive strategy aimed at • Require aircraft operators to reducing the transportation risks posed John F. Oates, implement measures to reduce the risk by batteries of all types. PHMSA of primary lithium batteries becoming Acting Associate Administrator for Regional Operations and Program Delivery. outlined the strategy in an action plan involved in fires on cargo-only aircraft, detailing a range of public and private such as transporting such batteries in [FR Doc. E8–6856 Filed 4–2–08; 8:45 am] sector measures designed to enhance fire resistant containers and/or in BILLING CODE 4910–59–P safety standards, improve data restricted quantities at any single collection and awareness, and otherwise location on the aircraft; • DEPARTMENT OF TRANSPORTATION reduce the risks of transporting batteries Until fire suppression systems are and battery-powered devices, with a required on cargo-only aircraft, as asked Pipeline and Hazardous Materials special focus on aviation safety. PHMSA for in Safety Recommendation A–07–99, Safety Administration and the parties to the action plan have require that cargo shipments of met repeatedly over the course of the secondary lithium batteries, including [PHMSA–2008–0075 (Notice No. 08–2)] last year and have made significant those contained in or packed with Hazardous Materials: Transport of progress in meeting the action plan equipment, be transported in crew- Lithium Batteries; Notice of Public targets. accessible locations where portable fire Meeting PHMSA believes that a follow-on suppression systems can be used; public meeting would be useful at this • Require aircraft operators that AGENCY: Pipeline and Hazardous time to review progress under the 2007 transport hazardous materials to Materials Safety Administration action plan and discuss necessary next immediately provide consolidated and (PHMSA), DOT. steps. Although substantial effort and specific information about hazardous
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materials on board an aircraft, including lithium batteries, particularly in the air qualify it as a Class III rail carrier and proper shipping name, hazard class, mode. will not exceed $5 million. quantity, number of packages, and Topics to be covered during the Pursuant to the Consolidated location, to on-scene emergency public meeting include: Appropriations Act, 2008, Public Law responders upon notification of an (1) Recent transportation incidents; 110–161, 193, 121 Stat. 1844 (2007), accident or incident; (2) Probable causes of battery nothing in this decision authorizes the • Require commercial cargo and incidents; following activities at any solid waste passenger operators to report to the (3) NTSB recommendations; rail transfer facility: collecting, storing Pipeline and Hazardous Materials Safety (4) PHMSA/FAA activities; and or transferring solid waste outside of its Administration all incidents involving (5) Action plan with next steps/ original shipping container; or primary and secondary lithium additional actions. separating or processing solid waste batteries, including those contained in In addition, we plan to discuss the (including baling, crushing, compacting or packed with equipment, that occur effectiveness of stakeholder and shredding). The term ‘‘solid waste’’ either on board or during loading or partnerships in reducing the safety risks is defined in section 1004 of the Solid unloading operations and retain the posed by the transportation of lithium Waste Disposal Act, 42 U.S.C. 6903. failed items for evaluation purposes; batteries, ways to facilitate and foster If the verified notice contains false or • Analyze the causes of all thermal additional stakeholder partnerships, and misleading information, the exemption failures and fires involving secondary strategies for expanding the ongoing is void ab initio. Petitions to revoke the and primary lithium batteries and, DOT public awareness campaign. exemption under 49 U.S.C. 10502(d) based on this analysis, take appropriate The public is invited to attend may be filed at any time. The filing of action to mitigate any risks determined without prior notification. Due to the a petition to revoke will not to be posed by transporting secondary heightened security measures, automatically stay the effectiveness of and primary lithium batteries, including participants are encouraged to arrive the exemption. Petitions to stay must be those contained in or packed with early to allow time for security checks filed no later than April 10, 2008 (at equipment, on board cargo and necessary to obtain access to the least 7 days before the exemption passenger aircraft as cargo; checked building. becomes effective). baggage; or carry-on items; An original and 10 copies of all • Eliminate regulatory exemptions for Issued in Washington, DC on March 28, pleadings, referring to STB Finance the packaging, marking, and labeling of 2008. Docket No. 35121, must be filed with cargo shipments of small secondary Theodore L. Willke, the Surface Transportation Board, 395 E lithium batteries (no more than 8 grams Associate Administrator for Hazardous Street, SW., Washington, DC 20423– equivalent lithium content) until the Materials Safety. 0001. In addition, a copy of each analysis of the failures and the [FR Doc. E8–6923 Filed 4–2–08; 8:45 am] pleading must be served on John D. implementation of risk-based BILLING CODE 4910–60–P Heffner, John D. Heffner, PLLC, 1750 K requirements asked for in Safety Recommendation A–07–108 are Street, NW., Suite 350, Washington, DC completed; DEPARTMENT OF TRANSPORTATION 20006. • In collaboration with air carriers, Board decisions and notices are manufacturers of lithium batteries and Surface Transportation Board available on our Web site at http:// www.stb.dot.gov. electronic devices, air travel [STB Finance Docket No. 35121] associations, and other appropriate Decided: March 26, 2008. government and private organizations, Burlington Shortline Railroad, Inc., By the Board, David M. Konschnik, establish a process to ensure wider, d/b/a Burlington Junction Railway— Director, Office of Proceedings. highly visible, and continuous Acquisition and Operation Anne K. Quinlan, dissemination of guidance and Exemption—BNSF Railway Company Acting Secretary. information to the air-traveling public, [FR Doc. E8–6844 Filed 4–2–08; 8:45 am] Burlington Shortline Railroad, Inc., including flight crews, about the safe BILLING CODE 4915–01–P carriage of secondary (rechargeable) d/b/a Burlington Junction Railway lithium batteries or electronic devices (BJRY), a Class III rail carrier, has filed containing these batteries on board a verified notice of exemption under 49 DEPARTMENT OF TRANSPORTATION passenger aircraft; and CFR 1150.41 to acquire and operate, • In collaboration with air carriers, pursuant to an agreement with BNSF Surface Transportation Board manufacturers of lithium batteries and Railway Company (BNSF), [STB Docket No. AB–55 (Sub-No. 682X)] electronic devices, air travel approximately 2.5 miles of BNSF associations, and other appropriate railroad properties consisting of certain CSX Transportation, Inc.— government and private organizations, trackage, real properties, and railroad Abandonment Exemption—in establish a process to periodically operating rights. The railroad properties Greenbrier and Fayette Counties, WV measure the effectiveness of your efforts consist of two tracks, numbered 3905 to educate the air-traveling public, and 3930, connecting to a switch at CSX Transportation, Inc. (CSXT) has including flight crews, about the safe BNSF’s main rail line at milepost 39 in filed a notice of exemption under 49 carriage of secondary (rechargeable) Montgomery, IL. There are no mileposts CFR Part 1152 Subpart F—Exempt lithium batteries or electronic devices on the subject line. Abandonments to abandon a 16.7-mile containing these batteries on board The transaction is scheduled to be line of railroad on CSXT’s Southern passenger aircraft. consummated on April 19, 2008 (more Region, Huntington-East Division, During the April 11th meeting we than 30 days after the notice of Sewell Subdivision, between milepost plan to distribute and solicit feedback exemption was filed). CAF 27, near Rainelle, and milepost on a draft action plan identifying BJRY certifies that its projected CAF 43.7, near Nallen, in Greenbrier additional steps that will help to reduce annual revenues as a result of this and Fayette Counties, WV. The line the risk associated with the transport of transaction will not exceed those that traverses United States Postal Service
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Zip Codes 25962, 25981 and 26680, and CSXT has filed environmental and of North Pole to Delta Junction, Alaska. includes the stations of Babcock and historic reports which address the The project would involve the Nallen. effects, if any, of the abandonment on construction and operation of CSXT has certified that: (1) No local the environment and historic resources. approximately 80 miles of new main traffic has moved over the line for at SEA will issue an environmental line track. Figure 1 shows ARRC’s least 2 years; (2) any overhead traffic on assessment (EA) by April 8, 2008. existing track and the proposed rail line the line can be rerouted over other lines; Interested persons may obtain a copy of extension from North Pole to Delta (3) no formal complaint filed by a user the EA by writing to SEA (Room 1100, Junction (All figures are available for of rail service on the line (or by a state Surface Transportation Board, viewing on the Board’s Web site at or local government entity acting on Washington, DC 20423–0001) or by www.stb.dot.gov by going to behalf of such user) regarding cessation calling SEA, at (202) 245–0305. ‘‘Environmental Matters,’’ then selecting of service over the line either is pending [Assistance for the hearing impaired is ‘‘Key Cases’’ in the dropdown; and then with the Board or with any U.S. District available through the Federal when the next page appears, clicking Court or has been decided in favor of Information Relay Service (FIRS) at 1– ‘‘Alaska Railroad—Northern Rail complainant within the 2-year period; 800–877–8339.] Comments on Extension’’). Because the construction and (4) the requirements of 49 CFR environmental and historic preservation and operation of this project has the 1105.7 (environmental report), 49 CFR matters must be filed within 15 days potential to result in significant 1105.8 (historic report), 49 CFR 1105.11 after the EA becomes available to the environmental impacts, the Board’s (transmittal letter), 49 CFR 1105.12 public. Section on Environmental Analysis (newspaper publication), and 49 CFR Environmental, historic preservation, (SEA) has determined that the 1152.50(d)(1) (notice to governmental public use, or trail use/rail banking preparation of an Environmental Impact agencies) have been met. conditions will be imposed, where Statement (EIS) is appropriate. As a condition to this exemption, any appropriate, in a subsequent decision. To help determine the scope of the employee adversely affected by the Pursuant to the provisions of 49 CFR EIS, and as required by the Board’s abandonment shall be protected under 1152.29(e)(2), CSXT shall file a notice of regulations at 49 CFR 1105.10(a)(2), SEA Oregon Short Line R. Co.— consummation with the Board to signify published in the Federal Register and Abandonment—Goshen, 360 I.C.C. 91 that it has exercised the authority mailed to the public on November 1, (1979). To address whether this granted and fully abandoned the line. If 2005, the Notice of Availability of Draft condition adequately protects affected consummation has not been effected by Scope of Study for the EIS, Notice of employees, a petition for partial CSXT’s filing of a notice of Scoping Meetings, and Request for revocation under 49 U.S.C. 10502(d) consummation by April 3, 2009, and Comments. SEA also prepared and must be filed. there are no legal or regulatory barriers distributed to the public a fact sheet that Provided no formal expression of to consummation, the authority to introduced ARRC’s Northern Rail intent to file an offer of financial abandon will automatically expire. Extension, announced SEA’s intent to assistance (OFA) has been received, this Board decisions and notices are prepare an EIS, requested comments, exemption will be effective on May 3, available on our Web site at ‘‘http:// and gave notice of three public scoping 2008, unless stayed pending www.stb.dot.gov.’’ meetings to over 400 citizens, elected reconsideration. Petitions to stay that do officials, Federal, state, and local not involve environmental issues,1 Decided: March 24, 2008. agencies, tribal organizations, and other formal expressions of intent to file an By the Board, David M. Konschnik, potentially interested organizations OFA under 49 CFR 1152.27(c)(2),2 and Director, Office of Proceedings. received this information. SEA held trail use/rail banking requests under 49 Anne K. Quinlan, three public scoping meetings in North CFR 1152.29 must be filed by April 14, Acting Secretary. Pole, Delta Junction, and Anchorage, 2008. Petitions to reopen or requests for [FR Doc. E8–6448 Filed 4–2–08; 8:45 am] Alaska on December 6, 7, and 8, 2005, public use conditions under 49 CFR BILLING CODE 4915–01–P respectively. 1152.28 must be filed by April 23, 2008, The scoping comment period with the Surface Transportation Board, concluded January 13, 2006. The U.S. 395 E Street, SW., Washington, DC DEPARTMENT OF TRANSPORTATION Army Corps of Engineers, Alaska 20423–0001. District (USACE); U.S. Coast Guard, A copy of any petition filed with the Surface Transportation Board Seventeenth Coast Guard District (USCG); Bureau of Land Management, Board should be sent to CSXT’s [STB Finance Docket No. 34658] representative: Louis E. Gitomer, 600 Alaska State Office (BLM); U.S. Baltimore Ave., Suite 301, Towson, MD Alaska Railroad Corporation—Petition Department of Defense, Alaskan 21204. for Exemption—To Construct and Command (ALCOM); U.S. Department If the verified notice contains false or Operate a Rail Line Between North of Defense, 354th Fighter Wing, Eielson misleading information, the exemption Pole, Alaska and Delta Junction in Air Force Base (354th); Federal Transit is void ab initio. Alaska Administration, Region 10 (FTA); Federal Railroad Administration (FRA); 1 The Board will grant a stay if an informed AGENCY: Surface Transportation Board. and Alaska Department of Natural decision on environmental issues (whether raised ACTION: Notice of availability of final Resources (ADNR) requested and were by a party or by the Board’s Section of scope of study for the Environmental granted cooperating agency status in Environmental Analysis (SEA) in its independent preparation of the EIS. After review and investigation) cannot be made before the Impact Statement (EIS). exemption’s effective date. See Exemption of Out- consideration of all comments received, of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any SUMMARY: On July 6, 2007, the Alaska this notice sets forth the final scope of request for a stay should be filed as soon as possible Railroad Corporation (ARRC) filed a the EIS. The final scope reflects any so that the Board may take appropriate action before petition with the Surface Transportation changes to the draft scope as a result of the exemption’s effective date. 2 Each OFA must be accompanied by the filing Board (Board) pursuant to 49 U.S.C. the comments, summarizes and fee, which is currently set at $1,300. See 49 CFR 10502 for authority to construct and addresses the principal environmental 1002.2(f)(25). operate a new rail line from the vicinity concerns raised by the comments, and
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briefly discusses pertinent issues distance of approximately 80 miles. The Federal agency actions concerning this project that further Figure 1 shows ARRC’s existing track considered in this EIS will include clarify the final scope. and the proposed rail line extension decisions, permits, approvals and FOR FURTHER INFORMATION CONTACT: from North Pole to Delta Junction. The funding related to the proposed action. David Navecky, Section of purpose of the project is to develop a The Board will decide whether or not to Environmental Analysis, Surface safe and reliable all-weather rail grant authority to ARRC to construct Transportation Board, 395 E Street, SW., connection to support anticipated and operate the rail line pursuant to 49 Washington, DC 20423–0001, 202–245– freight and passenger needs between U.S.C. 10901 and 10502. The USACE 0294, or call SEA’s toll-free number for Fairbanks and Delta Junction. will decide whether or not to issue the project at 1–800–359–5142. Major elements of the project would permits pursuant to Section 404 of the Assistance for the hearing impaired is include: Clean Water Act (33 U.S.C. 1251–1376, • available through the Federal Approximately 80 miles of new as amended) and/or Section 10 of the railroad track; Rivers and Harbors Act of 1899 (33 Information Relay Service (FIRS) at 1– • 800–877–8339. The Web site for the Crossings of the Tanana River, Little U.S.C. 403). The USCG will decide Surface Transportation Board is Delta River, Delta Creek, Delta River, whether or not to issue authority to www.stb.dot.gov. and depending on the selected construct bridges over navigable waters Christy Everett, Regulatory Branch, alternative, the Salcha River and Little of the United States pursuant to the Fairbanks Field Office, U.S. Army Corps Salcha River (along with many other Department of Transportation Act of of Engineers—Alaska District, 2175 small stream crossings); 1966 (49 U.S.C. 1651–1659). The BLM • Rock revetments and/or levees in University Avenue, Suite 201E, will decide whether or not to issue a and along the Tanana River to direct Fairbanks, AK 99709–4777, 907–474– right-of-way grant for BLM-administered river flow under the proposed Tanana 2166. lands under Title V of the Federal Land James Helfinstine, Commander, River bridge; Policy and Management Act of 1976 (43 • Grade-separated crossings of the Seventeenth Coast Guard District, P.O. U.S.C. 1737). ALCOM will decide Richardson and Alaska highways Box 25517, Juneau, AK 99802–5517, whether or not to concur with depending on the selected alternative; 907–463–2268. alignments on military lands including • Pipeline and utility crossings, the Tanana Flats and Donnelly training Gary Foreman, Bureau of Land including at least one crossing of the Management, Fairbanks District Office, areas. The 354th will decide whether or Trans-Alaska Pipeline System (TAPS); not to concur with alignments on or in 1150 University Avenue, Fairbanks, AK • Sidings and facilities for passenger, proximity to Eielson AFB, which is 99709, 907–474–2339. freight, and maintenance operations; Chris Pike, Lieutenant Colonel, USAF, home to the 354th Fighter Wing. FTA and may provide funding for portions of the ALCOM/J4, 10471 20th Street, • Ancillary railroad support facilities project’s construction and/or operation. Elmendorf AFB, AK 99506–2100, 907– including, but not limited to: 552–7013. FRA is currently administering grant communications towers and facilities, funding to ARRC for preliminary Jeff Putnam, P.E., Deputy Base Civil power lines, signals, and access roads. Engineer, 354 CES/CEVP, 2310 Central engineering and environmental analysis ARRC plans to support both of the Northern Rail Extension. The EIS Avenue, Suite 100, Eielson AFB, AK commercial and passenger rail service 99702–2299, 907–377–5213. should include all of the information needs with the proposed project. necessary for the decisions by the Board Linda Gehrke, Federal Transit Anticipated commercial freight includes Administration, Region 10, Jackson and the cooperating agencies. agricultural goods, mining products, SEA and the cooperating agencies are Federal Building, 915 Second Avenue, and petrochemicals. The proposed preparing a Draft EIS (DEIS) for the Seattle, WA 98174–1002, 206–220– project could also provide improved proposed action. The DEIS will address 4463. access to the military training areas on those environmental issues and John Winkle, Passenger Programs the west side of the Tanana River. concerns identified during the scoping Division, Federal Railroad Environmental Review Process: The process and detailed in this final scope. Administration, 1120 Vermont Avenue, Board is the lead agency, pursuant to 40 It will also discuss a reasonable range of NW., Washington, DC 20590, 202–493– CFR 1501.5. SEA is responsible for alternatives to the proposed action, 6067. ensuring that the Board complies with including a no-action alternative, and Donald Perrin, Large Project the National Environmental Policy Act recommend environmental mitigation Coordinator, Office of Project (NEPA), 42 U.S.C. 4321–4335, and measures, as appropriate. Management and Permitting, Alaska related environmental statutes, and for The DEIS will be made available upon Department of Natural Resources, 550 completing the environmental review its completion for public review and W. 7th Avenue, Suite 1160, Anchorage, process. The NEPA review process is comment. A Final EIS (FEIS) will then AK 99501–1000, 907–269–7476. intended to assist SEA, the cooperating be prepared reflecting further analysis SUPPLEMENTARY INFORMATION: agencies and the public in identifying by SEA and the cooperating agencies Background: ARRC operates and and assessing the potential and the public and agency comments on maintains a 29-mile-long branch, environmental consequences of a the DEIS. In reaching their decisions on referred to as the Eielson Branch, that proposed action and the reasonable this case, the Board and the cooperating runs from ARRC’s railyard facilities in alternative before a decision is made. agencies will take into account the full Fairbanks and then south and east ICF International is serving as an environmental record, including the through the community of North Pole, independent third-party contractor to DEIS, the FEIS, and all public and Alaska to Eielson Air Force Base. The assist SEA in the environmental review agency comments received. proposed action, referred to as the process. SEA is directing and Proposed Action and Alternatives: Northern Rail Extension, would involve supervising the preparation of the EIS. The NEPA regulations require Federal the construction and operation of a new The USACE, FTA, USCG, BLM, 354th, agencies to consider a reasonable range rail line from a point on the existing FRA, ALCOM, and ADNR are of feasible alternatives to the proposed Eielson Branch in the vicinity of North cooperating agencies, pursuant to 40 action. The President’s Council on Pole to Delta Junction, Alaska, a CFR 1501.6. Environmental Quality (CEQ), which
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oversees the implementation of NEPA, Eielson Alternative Segments 3,500 feet in length to cross the Tanana has stated in Forty Most Asked SEA is considering three alternative River. This is ARRC’s preferred Questions Concerning CEQ’s National segments through the Eielson area that alternative segment. Salcha Alternative Segment 2 remains Environmental Policy Act Regulations start about one half mile southeast of the on the east side of the Tanana River for that ‘‘[R]easonable alternatives include Eielson Farm Road. Each alternative most of its 13.8-mile route. For those that are practical or feasible from segment has at least one shared segment approximately the first 9 miles, the the technical and economic standpoint section. The alternative segments pass route parallels the Tanana River and and using common sense * * *.’’ In this between the fence line of Eielson Air Richardson Highway. The river then EIS, SEA and the cooperating agencies Force Base on the east and the Eielson curves west while the route maintains a are considering a full range of Farm Community on the west. They alternatives that meet the purpose and southerly direction. In approximately connect with the Salcha Alternative the last 3 miles, the segment crosses the need of the project, as well as the no- Segments (see Figure 3). action alternative. Some alternatives river at Flag Hill, where it connects with Eielson Alternative Segment 1 takes one of the Central Alternative Segments. have been dismissed from further the most westerly route, closer to the analysis because they have been The Tanana River crossing would farm community and farthest from the require a dual-modal bridge span determined to be infeasible or because Richardson Highway. The segment SEA and the cooperating agencies ranging from 1,300 to 2,800 feet in crosses through some farm community length. This alternative segment would consider them to be environmentally property while staying to the west along inferior to other alternatives under require relocation of portions of the Piledriver Slough. The segment crosses Richardson Highway and Salcha consideration. The EIS will include a a few roads before hugging the Tanana brief discussion of the reasons for Elementary School. Approximately two River for approximately the last 3 miles miles of the highway would need to be eliminating certain alternatives from of the alternative segment. This relocated further into the river bluff and detailed analysis. The reasonable and alternative segment is 10.3 miles long. the rail line would assume the location feasible alternatives included for Eielson Alternative Segment 2 follows of the highway by the river. In addition detailed analysis and alternatives the same route as the Eielson to the Tanana River main channel dismissed from detailed analysis are Alternative Segment 1 for crossing, the alternative segment would discussed in more detail below. approximately 5.7 miles, at which point cross some Tanana River side channels, Eielson Alternative Segment 2 bears A. Alternatives the Little Salcha River, and the Salcha more to the southeast, crosses Piledriver River. The Proposed Action and Alternatives Slough, and follows a route closer to the include common segments, alternative Richardson Highway. The last 2.2 miles Connector Segments segments, and connector segments. of Eielson Alternative Segment 2 share The connector segments are short Common segments are portions of the the same route as Eielson Alternative pieces of rail alignment between 0.9 and rail line with a single route option. Segment 3. This alternative segment is 4.4 miles long that connect alternative Alternative segments provide multiple 10.0 miles long. segments that do not have a common route options. Connector segments are Eielson Alternative Segment 3 takes start and end points. There are five short pieces of a rail alignment that the most easterly route, remaining closer connector segments on the west side of connect alternative segments. There are to the Richardson Highway and located the Tanana River that connect the two common segments—north and largely within Eielson Air Force Base Central Alternative Segments to the south common segments—with a property, but outside the base fence Salcha and Donnelly alternative combined length of 13.1 miles. Between line. The segment would cross segments (see Figure 5). Connector these common segments are five sets of Piledriver Slough approximately one Segments B and E are part of the ARRC’s alternative segments with two or three half mile into its route and then stay preferred route. segments each. Figure 2 shows the east of the slough for approximately 4.2 Central Alternative Segments proposed routes, and divides the project miles before crossing Twentythreemile into six areas. The six areas are shown Slough, a tributary of Piledriver Slough. SEA is considering two alternative in more detail in Figures 3–8. This alternative segment is 10.1 miles segments between the Salcha and long. This is ARRC’s preferred Donnelly alternative segments. Both ARRC filed its preferred alternative alternative segment. Central Alternative Segments run with the Board on July 6, 2007. All parallel to the west bank of the Tanana common segments are part of the Salcha Alternative Segments River in a southeasterly direction (see preferred alternative identified by SEA is considering two alternative Figure 5). ARRC. Alternative segments and segments for the Salcha section, each Central Alternative Segment 1 connector segments that were filed as starting approximately 0.3 mile connects to the Salcha Alternative ARRC’s preference are identified in the northwest of the intersection of the Old Segments via Connector Segment A sections below. Richardson Highway and Bradbury from Salcha Alternative Segment 1 or North Common Segment Drive. The segments cross the Tanana Connector Segment C from Salcha River at different places and meet four Alternative Segment 2 and is further The North Common Segment starts at connector segments (see Figure 4). from the Tanana River than Central the east end of the Chena River Salcha Alternative Segment 1 crosses Alternative Segment 2. The alternative Overflow Bridge off of the Eielson the Tanana River just west of the segment is 5.1 miles long and out of the Branch and extends 2.7 miles southeast intersection of the Bradbury Drive and Tanana River floodplain. Central to meet the Eielson Alternative Ruger Trail. After crossing the river, the Alternative Segment 1 does not connect Segments. The segment runs roughly alternative segment runs through the to Donnelly Alternative Segment 2 due parallel to the Richardson Highway, Tanana Flats Training Area on the west to terrain considerations. crosses the Eielson Farm Road, and is side of the river. The segment is 11.8 The Central Alternative Segment 2 on the east side of the Tanana River (see miles long and would require a dual- connects to the Salcha Alternative Figure 3). modal bridge ranging from 2,400 to Segments via Connector Segment B from
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Salcha Alternative Segment 1 or B. Alternatives Excluded From Detailed Community among the Eielson Connector Segment D from Salcha Analysis alignments proposed by ARRC in 2005, Alternative Segment 2. The alternative Based on the process described under ARRC dropped the first half of the N1 segment is within the floodplain of the Proposed Action and Alternatives, and N2 alignments, the two alignments Tanana River and has several clearwater ARRC developed the initial sets of with greater private property intrusion. stream crossings. The Central alignments and provided them to SEA ARRC instead retained one (formerly Alternative Segment is 3.6 miles long for consideration as alternatives. Since called N3 and Eielson West) of the three and is the Applicant’s preferred 2005, ARRC presented SEA with several alignments presented in November 2005 alternative. The alternative segment versions of the alignments. Examples of and after the scoping comment period connects directly to Donnelly these versions are shown in Figures 9 offered a new alignment (formerly Alternative Segment 2 and to Donnelly and 10. The latest alignment versions called Eielson East) located to the east Alternative Segment 1 via Connector and the Applicant’s preferred of the Eielson Farm Community, closer Segment E. alignments were identified to SEA in to the Eielson Air Force Base fenced boundary. In the interim between the Donnelly Alternative Segments two key sources; ARRC’s Preferred Route Alternative Report published in end of the scoping comment period and SEA is considering two alternative March 2007 and ARRC’s filing of its ARRC’s Preferred Route Alternative segments for the Donnelly area (see preferred route with the Board on July Report, ARRC developed a crossover Figure 6). Both run on the southwestern 6, 2007. SEA identified alignments and alignment between Eielson East and side of the Tanana River and end segments proposed to be carried forward West. approximately 4 miles east of Delta for more detailed study, and others SEA agreed with dropping the N1 and N2 alignments through the Eielson Farm Creek, where they meet the South proposed to be eliminated from further Community and decided to retain the Common Segment. The alternative consideration. The Proposed Action and Eielson East and West alignments, segments both cross Delta Creek and the Alternatives Section describes the renamed as Eielson 1 and 2, including Little Delta River but run through alternative segments that have been the crossover alignment, for detailed distinct terrains with different elevation retained by SEA for detailed analysis. analysis in this EIS as the Eielson profiles. The following discussion describes Alternative Segments. Donnelly Alternative Segment 1 takes several alignments and alternatives for the southern route, farther from the segments that were initially considered Alignments Proposed in Scoping Tanana River and through the but eliminated from detailed study in Comments northeastern corner of the Donnelly the Salcha, Donnelly, and Delta In response to scoping comments that Training Area. This segment is 25.8 segments of the alignment. For each of were received by SEA and posted on the miles long and crosses steep grades. The the alternatives that were eliminated, a Board’s Web site, ARRC considered route would cross the Delta Creek brief discussion of the alternative and alignments that crossed the Tanana paleochannel, an ancient water channel the reasons for elimination is provided. River shortly before or after the Chena that appears to no longer be active but Eielson Area Alignments River overflow; therefore bypassing the could become active during periods of Eielson Farm Community. These high flow. This is ARRC’s preferred Alignments Proposed by ARRC alignments, however, would create alternative segment. During SEA’s EIS scoping comment further intrusion into the Tanana Flats Donnelly Alternative Segment 2 runs period, ARRC initially presented three Training Area and also affect important closer to the Tanana River than alignments (formerly called N1, N2, and moose habitat. Therefore, ARRC did not Donnelly Alternative Segment 1. This N3) that crossed the Eielson Farm propose these alignments to SEA in segment is 26.2 miles long and crosses Community. Members of that ARRC Preferred Route Alternative milder grades than Donnelly Alternative community strongly opposed the N1 Report in March 2007. Segment 1, but faces more difficult and N2 alignments, which were closer Comments also recommended an geotechnical considerations than the to the Tanana River, because of private alignment that crossed the Richardson other Donnelly alternative. property impacts (see Figure 11). Highway at Milepost 0. The recommended alignment would either South Common Segment The N1 alignment, as initially proposed by ARRC in November 2005, continue through Eielson Air Force Base This segment would connect the two crossed the Tanana River from the using an existing track or go around the Donnelly Alternative Segments to the Eielson Farm Community into the Air Force Base to the east. According to Delta Alternative Segments described Tanana Flats Training Area. The ARRC, during its the initial corridor below. The segment begins alignment then continued south through analysis, ARRC considered using the approximately four miles east of Delta the training area on the western side of additional section of the existing Creek and runs roughly parallel to the the Tanana River. During scoping, Eielson Branch line, but determined that Tanana River until the river curves ALCOM expressed concern about the using the line was not reasonable or southerly, just north of Delta Junction. amount of encroachment this alignment practicable because of the current grade The segment is 10.5 miles long (see would have on the training area. Other crossing of the Richardson Highway and Figure 7). comments raised strong concerns about topography. Because of security and operational concerns, ARRC anticipated Delta Alternative Segments the alignment passing through a prime moose calving area. After the scoping that the 354th Fighter Wing would SEA is considering two alternative comment period, ARRC developed two consider use of the existing track segments for the Delta area. Each of other feasible and reasonable through Eielson Air Force Base for these segments crosses the Delta River: alignments, now Eielson Alternative through-movement of trains as highly One north and one south of Delta Segments 1 and 2, and dropped the N1 undesirable. Land use and other Junction. The alternative segments meet alignment through Tanana Flats conditions around the east side of at the end of the alignment about 3 Training Area. Eielson Air Force Base are unfavorable miles west of the Tanana River, adjacent Because there were few design for an alignment due to potential private to the Alaska Highway (see Figure 8). differences through the Eielson Farm property impacts, concerns over existing
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land use, and steep topography. For retained for detailed study. The N3 or would only be constructed if requested these reasons, ARRC determined that Salcha East alignment would affect a by the military. At this time, the spur alignments east of the Richardson total of approximately 304 acres of has not been requested and the military Highway from the start of the project at wetlands, compared to 103 acres for the has indicated to SEA that such a spur Milepost 0 to the south end of the Air Salcha Central alignment, and 53 acres may interfere with training activities at Force Base runway are not practicable for the Salcha West alignment. This the Blair Lakes Range. Therefore, the or feasible. segment would also more directly affect Blair Lakes Spur will not be analyzed in Comments also recommended an cultural resources such as remains of the DEIS (see Figure 10). the historic Salchaket Village. SEA alignment through Eielson Air Force Tanana Area Alignments Base along the east side of the retained the other alignment (formerly Richardson Highway. Such an known as the N2 and subsequently the All Tanana area alignments have been alignment would avoid Piledriver Salcha Central alignment) on the east retained for detailed analysis in the Slough and private property in the side of the Tanana River for detailed DEIS. These alignments have been Eielson Farm Community. ARRC analysis, and is now called Salcha renamed as the Central Alternative reviewed the feasibility of alignments in Alternative Segment 2. Segments (see Figure 13). this area. Based on information obtained Alignments Proposed in Scoping Donnelly Area Alignments from the military, ARRC determined Comments During SEA’s scoping process, ARRC that alignments east of the highway in presented two alignments to SEA proximity to the Air Force Base were The east bank of the Tanana River, through the Donnelly area. One infeasible due to encroachment on the particularly through Salcha, remains alignment (formerly named S2/Donnelly operating and runway/taxi areas. transient and unstable as the river continues to migrate east. The East alignment) hugged the west side of Salcha Area Alignments Richardson Highway, along Salcha the Tanana River while the second Alignments Proposed by ARRC Bluff, is located on a narrow shelf alignment (formerly named S1/Donnelly between the steep bluff and the main Central alignment) followed the Tanana Before SEA’s EIS scoping period channel of the Tanana River. In River initially before heading further began, ARRC proposed four alignments response to scoping comments, ARRC south and west near the Little Delta through the Salcha area including two considered an alignment that would River (see Figures 14 and 15). In on the western side of the Tanana River cross the eastern-most main channel to response to comments from agencies, south of ARRC’s proposed Salcha a pair of islands. This alignment would ARRC shifted an early version of S2/ Crossing. These alignments paralleled continue south of the bluff and traverse Donnelly East further inland from the each other until merging in the Flag Hill the islands before crossing back to the Tanana River due to fish habitat area. One alignment (formerly called the east bank of the Tanana River. However, concerns. In ARRC’s March 2007 N5 and subsequently the Salcha West after further examination of the river Preferred Route Alternative Report both alignment) closely followed the bank of hydraulics, the stability of the islands in of these alignments were retained, but the Tanana River; therefore, intruding this area, and long-term serviceability, ARRC included a third alignment called less into the Tanana Flats Training Area ARRC proposed to drop this alignment. the Donnelly West alignment, which than the N1 alignment while having SEA did not retain this alignment as an was developed by ARRC after the potentially higher impacts on fish alternative in the DEIS. scoping period. habitat and higher construction costs. Although ARRC had shifted the The second alignment (formerly called Richardson Highway alignment to minimize potential N1) encroached more on military Comments received during SEA’s EIS impacts, SEA decided to not retain the property, but avoided the Tanana River scoping period recommended a rail Donnelly East alignment for detailed bank and some of the fishery concerns. alternative that paralleled the analysis in the DEIS. In addition to Because of the greater potential conflict Richardson Highway all the way to affecting a substantial amount of with military use, ARRC retained the Delta Junction. ARRC, upon request wetlands (approximately 363 acres), it route closer to the Tanana River for from SEA, considered an alignment would create adverse impacts through further examination and dropped following the Richardson Highway, but the displacement of summer homes and alignment N1. The alignment closer to determined such an alignment was not vacation cabins that the other two the Tanana River was retained by SEA reasonable or feasible. The hilly alignments avoid. The Donnelly East for detailed analysis and is now called topography on the east side of the alignment would also cross sensitive the Salcha Alternative Segment 1 (see Tanana River is considerably less wildlife habitat contained in clear Figure 12). favorable for rail line construction south backwater channels and springs that Two alignments were also proposed of Flag Hill. There are also a large serve as prime spawning and rearing by ARRC on the east side of the Tanana number of private land holdings along habitat for salmon. ARRC has also River. One Salcha area alignment the highway, requiring potentially indicated that this alignment would (formerly known as the N3 and significant mitigation for continued traverse steep hills with potential icing subsequently the Salcha East vehicle access and potentially causing problems as well as areas that exhibit alignment), retained in ARRC’s March large impacts to private property. SEA groundwater upwelling and quicksand- 2007 Preferred Route Alternative did not retain this alignment as an type conditions. SEA retained Donnelly Report, traveled east of the Richardson alternative in the DEIS. Alternative Segments 1 and 2 for Highway and south of the Eielson Air detailed analysis in this DEIS. Force Base. Although the alignment met Blair Lakes Spur the purpose and need, this alignment Before the start of scoping in 2005, Delta Area Alignments was not retained by SEA as an ARRC proposed a spur to the Blair During scoping, ARRC presented two alternative for detailed analysis because Lakes Range and/or other facilities to alignments (formerly named S1 and S2 it would affect a significantly greater support military operations including and Delta Central and South, wetland acreage than the two Salcha sidings, off-load facilities, and end-of- respectively) in the Delta Junction area Alternative Segments that are being track facilities. However, the spur that crossed the Delta River from the
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Donnelly alignments and continued to Response to Comments effects of the project on rivers and ice the rail terminus on the south side of SEA and the cooperating agencies formation. Other comments listed Delta Junction (see Figure 16). In the reviewed and considered the comments concerns regarding the potential project interim between scoping and the March received on the draft scope (26 impacts on floodplains. Comments 2007 Preferred Route Alternative comments with approximately 180 requested that the EIS include a Analysis Report, ARRC developed a signatures) in preparation of this final discussion of best management practices third alignment (formerly named the S5/ scope of the EIS. The final scope reflects applied to minimize impacts of the Delta North alignment) that crossed the any changes to the draft scope as a Proposed Action on water resources. Delta River north of Delta Junction and result of comments. Other changes in The EIS will contain a floodplain analysis and will evaluate the potential continued south along the east side of the final scope were made for impacts to surface water and ground the Richardson Highway to the rail clarification or as a result of additional terminus. water. analysis. Additions and modifications • Analysis of navigation. Comments SEA decided not to retain the Delta reflected in the final scope include: requested that the EIS identify existing • Analysis of impacts on fisheries and Central alignment for detailed analysis navigable waterways within the project fish habitat. Federal and state agencies because it would involve greater adverse area and analyze the potential impacts impacts to residential and commercial provided comments on the potential on navigability resulting from each property in Delta Junction than the impacts on fish and fish habitat. As a alternative; describe the permitting other alignments. In addition, the Delta point of clarification, the EIS will requirements for the various alternatives Central alignment would involve consider all project effects on fish with regards to navigation; and propose adverse impacts to a larger amount of resources including: impacts from road mitigation measures to minimize or wetlands (approximately 83 acres) than placement, grade cuts and fills, changes eliminate potential impacts to the two alternative segments being in permafrost levels, types and locations navigation, as appropriate. The EIS will retained for detailed analysis (36 acres of crossings and the accommodation of address navigation, as requested. for the Delta North Segment and 58 ice formation. The EIS will also evaluate • Analysis of rail safety. Comments acres for the Delta South segment). SEA impacts to aquatic resources in terms of stated concerns over rail and highway retained Delta Alternative Segments 1 aerial acreage or linear extent to be safety such as hazardous materials and 2 for detailed analysis in the DEIS. affected and the functions these transport and at-grade crossings. The resources perform. EIS will examine the potential safety • Alignment Along the Alaska Range Analysis of impacts on birds. impacts that could result from the Comments stated concerns about the proposed action. In their October 2006 review of the potential impacts on birds. As a point of • range of reasonable alternatives, USACE Analysis of recreation and access. clarification, the analysis in the EIS will Comments requested that the EIS recommended that the EIS include consider the locations of raptor nests analysis of an alternative along the address the potential impacts on near proposed alignments. These nests recreation areas, access to these areas, foothills of the Alaska Range to the were identified from surveys over three and safety. Analysis of these issues will military training areas on the west side nesting seasons. The EIS will address be included in the EIS. of the Tanana River and that the EIS the bird species generally present in the • Effects from expanded use of evaluate transportation alternatives project area. military training areas. Comments other than rail. SEA eliminated further • Analysis of impacts on moose. requested that the EIS evaluate the analysis of these recommended Comments stated that moose strikes by impacts of expanded use of the Tanana alternatives because they did not meet trains are among the greatest wildlife Flats and Donnelly training areas. one of the purposes of the proposed concerns. To clarify, the EIS will Consultations with the military Northern Rail Extension; specifically to address moose habitat, calving and regarding future training plans indicate provide passenger train service between concentration areas and travel corridors, that the Proposed Action would not Fairbanks and Delta Junction and to and proposed protocols for monitoring increase or shift training activities in provide common carrier rail service to and reporting moose strikes. The EIS these areas in the foreseeable future. Delta Junction. will consider data from observations Therefore, the project area for most Public Participation conducted during the winters of 2005/ analyses regarding the training areas 2006 and 2006/2007, and will identify will be limited to the rail line and As part of the environmental review potential mitigation measures, as immediate vicinity. process to date, SEA has conducted appropriate. • Analysis of an Alaska-Canada rail broad public outreach activities to • Analysis of wildlife and habitat. link and Alaska-Canada natural gas inform the public about the Proposed Comments recommend that the EIS pipeline as reasonably foreseeable Action and to facilitate public consider the impacts of the proposed future actions. Although the Alaska- participation. SEA consulted with and project on other wildlife such as bison Canada rail link has been proposed in will continue to consult with Federal, and high quality plant communities the past, there are no formalized plans state, and local agencies, affected such as freshwater fens and open-water to construct, operate or fund a railroad communities, and all interested parties oxbows. Federal agencies also requested to Canada. Therefore, SEA and the to gather and disseminate information that the EIS consider impacts from the cooperating agencies do not consider about the proposal. SEA and the spread of invasive species and the this reasonably foreseeable. However, if cooperating agencies have also disruption of aquatic habitat by the an Alaska-Canada rail link becomes developed and implemented a placement of the rail line. The EIS will reasonably foreseeable during the Government-to-Government consider these impacts. process of preparing the EIS, SEA and Consultation and Coordination Plan to • Analysis of water resources. the cooperating agencies will include it seek, discuss, and consider the views of Comments requested that the EIS in the analysis of impacts. The State has Federally recognized Tribal evaluate the potential project accepted a proposal from TransCanada Governments regarding the Proposed interactions between permafrost and Pipeline Corporation to construct a Action and Alternatives. surface water and groundwater and the natural gas pipeline along the TAPS,
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pending approval by the legislature and Environmental Impact Analysis 3. Recreation (as part of the land use a public review period. SEA will discussion and a separate Section 4(f) to Proposed New Construction monitor the State review process and meet the requirements of the Federal whether TransCanada files an Analysis in the EIS will address the Railroad Administration and Federal application with the Federal Energy proposed activities associated with Transit Administration). Regulatory Commission before construction and operation of new rail The EIS will: determining that it is reasonably facilities and their potential a. Evaluate existing conditions and foreseeable. environmental impacts, as appropriate. the potential impacts of the alternatives, Under CEQ’s guidelines, the analysis Impact Categories including the various new rail line of environmental effects resulting from construction alignments and their The EIS will analyze potential direct a proposed action requires the operation, on recreational opportunities and indirect impacts from construction separation of actions and effects that are in the project area. and operation of new rail facilities on reasonably foreseeable as opposed to b. Propose mitigative measures to the human and natural environment for minimize or eliminate potential project results that are remote and speculative. each alternative, or in the case of the no- impacts on recreational opportunities, Typically, the Board analyzes potential action, the potential direct and indirect rail operations for a period of three to impacts of these activities not occurring. as appropriate. five years into the future depending on Impact areas addressed will include the c. Identify resources including parks, an applicant’s projections. Projects for categories of land use, biological wildlife refuges, and sites eligible for rail operations beyond these time frames resources, water resources including the National Register of Historic Places are generally not reasonably foreseeable. wetlands and other waters of the US, and evaluate unavoidable impacts to Beyond three to five years, for example, navigation, geology and soils, air them for the 4(f) evaluation, in fluctuations in the economy and quality, noise, energy resources, accordance with Section 4(f) of the demand for infrastructure projects socioeconomics as they relate to Department of Transportation Act of become speculative. The time frame for physical changes in the environment, 1966, as amended. the analysis of potential effects of other safety, highway-rail grade crossing 4. Biological Resources. projects or actions will likely vary by delay, cultural and historic resources, The EIS will: resource area depending on the subsistence, recreation, aesthetics, and a. Evaluate the existing biological availability of reliable information and environmental justice. The EIS will resources within the project area, the current and predicted health of the include a discussion of each of these including vegetative communities, resource. categories as they currently exist in the wildlife and fisheries, wetlands, and • Analysis of alternatives that do not project area and will address the Federal and state threatened or meet the ARRC’s stated purpose and potential direct and indirect impacts of endangered species and the potential need. Under NEPA, an applicant’s goals each alternative on each category as impacts to these resources resulting are important in defining the range of described below: from each alternative. feasible alternatives. NEPA does not 1. Safety. b. Describe any wildlife sanctuaries, require discussion of an alternative that The EIS will: refuges, national or state parks, forests, is not reasonably related to the proposal a. Describe existing road/rail grade or grasslands and evaluate the potential considered by the agencies. Here, the crossing safety and analyze the potential impacts to these resources resulting proposed project is intended to provide for an increase in accidents related to from each alternative. freight and passenger rail service from the new rail operations, as appropriate. c. Propose mitigative measures to Fairbanks to the region south of North b. Describe existing rail operations avoid, minimize, or compensate for Pole, Alaska. Comments were received and analyze the potential for increased potential impacts to biological suggesting that the EIS evaluate probability of train accidents, as resources, as appropriate. transportation alternatives such as appropriate. 5. Water Resources. improvements to the Richardson c. Evaluate the potential for The EIS will: Highway, as an alternative to rail disruption and delays to the movement a. Describe the existing surface water construction. This alternative, while it of emergency vehicles due to new rail and groundwater resources within the may improve transportation access to line construction and operation for each project area, including lakes, rivers, Delta Junction, does not advance the alternative. streams, stock ponds, wetlands, and applicant’s goals of expanding reliable d. Propose mitigative measures to floodplains and analyze the potential rail service in interior Alaska, and minimize or eliminate potential project impacts on these resources resulting therefore will not be evaluated as a impacts to safety, as appropriate. from each alternative. 2. Land Use. separate alternative in the EIS. b. Describe the permitting • The EIS will: Analysis of ARRC’s proposed a. Evaluate potential impacts of each requirements for the various alternatives Eielson Branch Realignment Project alternative on existing land use patterns with regard to wetlands, stream and (now the Fort Wainwright Realignment within the project area and identify river crossings, water quality, Project) and the Northern Rail Extension those land uses that would be floodplains, and erosion control. under one NEPA document. The potentially impacted by new rail line c. Propose mitigative measures to comment stated that the projects are construction. avoid, minimize, or compensate for connected and suggested that one NEPA b. Analyze the potential impacts potential project impacts to water document could more efficiently associated with each alternative to land resources, as appropriate. analyze both projects. However, the uses identified within the project area. 6. Navigation. Eielson Branch realignment would be Such potential impacts may include The EIS will: constructed regardless of whether the incompatibility with existing land uses a. Identify existing navigable Northern Rail Extension is built and the and conversion of land to railroad uses. waterways within the project area and NEPA process for the realignment is on c. Propose mitigative measures to analyze the potential impacts on a different schedule. Therefore, both minimize or eliminate potential impacts navigability resulting from each projects are best analyzed separately. to land use, as appropriate. alternative.
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b. Describe the permitting services interrelated with natural or and operation of the rail lines, on visual requirements for the various alternatives physical environmental effects. resources and other aesthetic values with regards to navigation. b. Propose mitigative measures to within the project area. c. Propose mitigative measures to minimize or eliminate potential project b. Propose mitigative measures to minimize or eliminate potential impacts adverse impacts to social and economic minimize or eliminate potential project to navigation, as appropriate. resources, as appropriate. 7. Geology and Soils. 12. Transportation Systems. impacts on aesthetics, as appropriate. The EIS will: The EIS will: 16. Environmental Justice. a. Describe the geology, soils, a. Evaluate the potential impacts of The EIS will: permafrost and seismic conditions each alternative, including new rail line found within the project area, including construction and operation, on the a. Evaluate the potential impacts of unique or problematic geologic existing transportation network in the each alternative, including construction formations or soils, prime farmland, project area, including vehicular delays and operation of the rail lines, on local prime and unique soils, and hydric soils at grade crossings. and regional minority populations and and analyze the potential impacts on b. Propose mitigative measures to low-income populations. these resources resulting from the minimize or eliminate potential project b. Propose mitigative measures to various alternatives for construction and impacts to transportation systems, as minimize or eliminate potential project operation of a new rail line. appropriate. impacts on environmental justice issues, b. Evaluate potential measures 13. Cultural and Historic Resources. as appropriate. employed to avoid or construct through The EIS will: unique or problematic geologic a. Analyze the potential impacts to Cumulative Impacts formations, soils, or permafrost. historic structures or districts c. Propose mitigative measures to previously recorded and determined The EIS will analyze cumulative minimize or eliminate potential project potentially eligible, eligible, or listed on impacts for the alternatives for the impacts to geology and soils, as the National Register of Historic Places proposed construction and operation of appropriate. within or immediately adjacent to the new rail facilities on the human and 8. Air Quality. right-of-way for the proposed rail natural environment, or in the case of The EIS will: alignments. the no-action, of the lack of these a. Evaluate air emissions from rail b. Evaluate the potential impacts of activities. SEA will analyze the operations, if the alternative would each alternative to archaeological sites potential additive effects of the affect a Class I or non-attainment or previously recorded and either listed as Proposed Action and Alternatives to the maintenance area as designated under unevaluated or determined potentially effects on applicable resources of the Clean Air Act. eligible, eligible, or listed on the relevant past, present, and reasonably b. Describe the potential air quality National Register of Historic Places foreseeable projects or actions in the impacts resulting from new rail line within the right-of-way for the area of the proposed action. SEA will construction activities. alternative rail alignments and the no- determine appropriate time and c. Propose mitigative measures to action alternative. geographic boundaries for applicable minimize or eliminate potential project c. Analyze the potential impacts to resource-specific analyses in order to impacts to air quality, as appropriate. historic structures or districts or focus the cumulative impacts analysis 9. Noise and Vibration. archaeological sites identified by ground on truly meaningful effects. Resources The EIS will: survey and determined potentially addressed may include the categories of a. Describe the potential noise and eligible, eligible, or listed on the land use, biological resources, water vibration impacts during new rail line National Register of Historic Places construction. within or immediately adjacent to the resources including wetlands and other b. Describe the potential noise and right-of-way for the alternative rail waters of the U.S., navigation, geology vibration impacts of rail line operations alignments. and soils, air quality, noise, energy over new and existing rail lines. d. Evaluate the potential general resources, socioeconomics as they relate c. Propose mitigative measures to impacts to paleontological resources in to physical changes in the environment, minimize or eliminate potential project the project area due to project rail safety, transportation systems, impacts to sensitive noise receptors, as construction, if necessary and required. cultural and historic resources, appropriate. e. Propose mitigative measures to subsistence, recreation, aesthetics, and 10. Energy Resources. minimize or eliminate potential project environmental justice. The EIS will The EIS will: impacts to cultural and historic review all relevant past, concurrent, and a. Describe and evaluate the potential resources, as appropriate. reasonably foreseeable actions that impact of the new rail line on the 14. Subsistence. could result in collectively significant distribution of energy resources in the The EIS will: impacts to each of the categories of project area for each alternative, a. Analyze the potential impacts of impacts listed above, and to any other including petroleum and gas pipelines the alternatives, including the alternate categories of impacts that may be and overhead electric transmission alignments for new rail line addressed as a result of comments lines. construction and operation, on received during the scoping process or b. Propose mitigative measures to subsistence activities in the project area. the DEIS comment period. minimize or eliminate potential project b. Propose mitigative measures to impacts to energy resources, as minimize or eliminate potential project By the Board, Victoria Rutson, Chief, appropriate. impacts on subsistence activities, as Section of Environmental Analysis. 11. Socioeconomics. appropriate. Anne K. Quinlan, The EIS will: 15. Aesthetics. Acting Secretary. a. Analyze the effects of a potential The EIS will: [FR Doc. E8–6939 Filed 4–2–08; 8:45 am] influx of construction workers and the a. Evaluate the potential impacts of potential increase in demand for local each alternative, including construction BILLING CODE 4915–01–P
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DEPARTMENT OF THE TREASURY Regulatory Policy and Programs Affected Public: Business and other Division at (800) 949–2732. for-profit institutions. Financial Crimes Enforcement SUPPLEMENTARY INFORMATION: Burden: Estimated Number of Network; Proposed Renewal Without Abstract: The Director of the Respondents: 5,000. Change; Comment Request; Financial Crimes Enforcement Network Imposition of Special Measure Against Estimated Number of Responses: is the delegated administrator of the 5,000. VEF Banka, as a Financial Institution of Bank Secrecy Act. The Act authorizes Primary Money Laundering Concern the Director to issue regulations to Estimated Number of Hours: 5,000. require all financial institutions defined (Estimated at one hour per respondent). AGENCY: Financial Crimes Enforcement as such pursuant to the Act to maintain An agency may not conduct or Network (‘‘FinCEN’’), Department of the or file certain reports or records that sponsor, and a person is not required to Treasury. have been determined to have a high respond to, a collection of information ACTION: Notice and request for degree of usefulness in criminal, tax, or unless it displays a valid control comments. regulatory investigations or proceedings, number assigned by the Office of SUMMARY: As part of our continuing or in the conduct of intelligence or Management and Budget. Records effort to reduce paperwork and counter-intelligence activities, including required to be retained under the Bank respondent burden, FinCEN invites analysis, to protect against international Secrecy Act must be retained for five 1 comment on a proposed renewal, terrorism. years. Generally, information collected without change, to information Regulations implementing section pursuant to the Bank Secrecy Act is collection requirements found in 5318A of title 31, United States Code confidential but may be shared as existing regulations imposing the can be found in part at 31 CFR 103.192. provided by law with regulatory and imposition of a special measure against In general, the regulations require law enforcement authorities. financial institutions, as defined in 31 the VEF Banka, as a financial institution Request for Comments of primary money laundering concern. U.S.C. 5312(a)(2) and 31 CFR 103.11 to This request for comments is being establish, document, and maintain Comments submitted in response to made pursuant to the Paperwork programs as an aid in protecting and this notice will be summarized and/or Reduction Act of 1995, Public Law 104– securing the U.S. financial system. included in the request for Office of Title: Imposition of Special Measure 13, 44 U.S.C. 3506(c)(2)(A). Management and Budget approval. All against VEF Banka. DATES: Written comments are welcome comments will become a matter of Office of Management and Budget public record. Comments are invited on: and must be received on or before June Control Number: 1506–0041. 2, 2008. (a) Whether the collection of Abstract: The Financial Crimes information is necessary for the proper ADDRESSES: Written comments should Enforcement Network is issuing this performance of the functions of the be submitted to: Financial Crimes notice to renew the control number for agency, including whether the Enforcement Network, P.O. Box 39, an information collection in an existing information shall have practical utility; Vienna, VA 22183, Attention: Comment regulation concerning the imposition of (b) the accuracy of the agency’s estimate Request; Imposition of Special Measure a special measure against the VEF of the burden of the collection of against VEF Banka. Comments also may Banka, as a financial institution of information; (c) ways to enhance the be submitted by electronic mail to the primary money laundering concern, quality, utility, and clarity of the following Internet address: pursuant to the authority contained in information to be collected: (d) ways to [email protected], again with a 31 U.S.C. 5318A. minimize the burden of the collection of caption, in the body of the text, Current Action: Renewal without information on respondents, including ‘‘Attention: Comment Request; change to existing regulations. through the use of automated collection Imposition of Special Measure against Type of Review: Extension of a techniques or other forms of information VEF Banka.’’ currently approved information technology; and (e) estimates of capital Inspection of comments: Comments collection. or start-up costs and costs of operation, may be inspected, between 10 a.m. and maintenance and purchase of services to 4 p.m., in the FinCEN reading room in 1 Pub. L. 91–508, as amended and codified at 12 provide information. Vienna, VA. Persons wishing to inspect U.S.C. 1829b, 12 U.S.C. 1951–1959 and 31 U.S.C. 5311–5332. Language expanding the scope of the Dated: March 26, 2008. the comments submitted must request Bank Secrecy Act to intelligence or counter- an appointment with the Disclosure intelligence activities to protect against James H. Freis, Jr., Officer by telephoning (703) 905–5034 international terrorism was added by section 358 of Director, Financial Crimes Enforcement (Not a toll free call). the Uniting and Strengthening America by Network. Providing Appropriate Tools Required to Intercept FOR FURTHER INFORMATION CONTACT: and Obstruct Terrorism (USA PATRIOT) Act of [FR Doc. E8–6889 Filed 4–2–08; 8:45 am] Financial Crimes Enforcement Network, 2001, Pub. L. No. 107–56. BILLING CODE 4810–02–P
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Corrections Federal Register Vol. 73, No. 65
Thursday, April 3, 2008
This section of the FEDERAL REGISTER ENVIRONMENTAL PROTECTION Wednesday, March 19, 2008, make the contains editorial corrections of previously AGENCY following correction: published Presidential, Rule, Proposed Rule, On page 14815, footnote 22 is missing and Notice documents. These corrections are [EPA–R04–OW–2008–0179;FRL–8543–7] and is corrected to read: prepared by the Office of the Federal 22 EPA, 2008. Synopsis of Yazoo Register. Agency prepared corrections are Proposed Determination To Prohibit, issued as signed documents and appear in Restrict, or Deny the Specification, or Backwater Area Hydrology. Wetlands the appropriate document categories the Use for Specification, of an Area as Regulatory Section, Water Management elsewhere in the issue. a Disposal Site, Yazoo River Basin, Division, EPA Region 4, Atlanta, GA. Issaquena County, MS [FR Doc. Z8–5401 Filed 4–2–08; 8:45 am] BILLING CODE 1505–01–D Correction In notice document E8–5401 beginning on page 14806, in the issue of
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Part II
Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Nine Metal Fabrication and Finishing Source Categories; Proposed Rule
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ENVIRONMENTAL PROTECTION (OMB), Attn: Desk Officer for EPA, 725 Constitution Ave., NW., Washington, AGENCY 17th St., NW., Washington, DC 20503. DC. The Public Reading Room is open • Hand Delivery: EPA Docket Center, from 8:30 a.m. to 4:30 p.m., Monday 40 CFR Part 63 Public Reading Room, EPA West, Room through Friday, excluding legal 3334, 1301 Constitution Ave., NW., holidays. The telephone number for the [EPA–HQ–OAR–2006–0306; FRL–8547–2] Washington, DC 20460. Such deliveries Public Reading Room is (202) 566–1744, RIN 2060–AO27 are only accepted during the Docket’s and the telephone number for the Air normal hours of operation, and special Docket is (202) 566–1742. National Emission Standards for arrangements should be made for FOR FURTHER INFORMATION CONTACT: Dr. Hazardous Air Pollutants: Area Source deliveries of boxed information. Donna Lee Jones, Sector Policies and Standards for Nine Metal Fabrication Instructions: Direct your comments to Programs Division, Office of Air Quality and Finishing Source Categories Docket ID No. EPA–HQ–OAR–2006– Planning and Standards (D243–02), 0306. EPA’s policy is that all comments Environmental Protection Agency, AGENCY: Environmental Protection received will be included in the public Research Triangle Park, North Carolina Agency (EPA). docket without change and may be 27711, telephone number: (919) 541– ACTION: Proposed rule. made available online at http:// 5251; fax number: (919) 541–3207; e- www.regulations.gov, including any mail address: [email protected]. SUMMARY: EPA is proposing national personal information provided, unless SUPPLEMENTARY INFORMATION: emission standards for control of the comment includes information Outline. The information in this hazardous air pollutants (HAP) for nine claimed to be confidential business preamble is organized as follows: metal fabrication and finishing area information (CBI) or other information source categories. This rule proposes whose disclosure is restricted by statute. I. General Information emission standards in the form of Do not submit information that you A. Does this action apply to me? management practices and equipment consider to be CBI or otherwise B. What should I consider as I prepare my comments to EPA? standards for new and existing protected through http:// C. Where can I get a copy of this operations of dry abrasive blasting, www.regulations.gov or e-mail. The document? machining, dry grinding and dry http://www.regulations.gov Web site is D. When would a public hearing occur? polishing with machines, spray painting an ‘‘anonymous access’’ system, which II. Background Information for Proposed Area and other spray coating, and welding means EPA will not know your identity Source Standards operations. These proposed standards or contact information unless you A. What is the statutory authority and reflect EPA’s determination regarding provide it in the body of your comment. regulatory approach for the proposed the generally achievable control If you send an e-mail comment directly standards? technology (GACT) and/or management to EPA without going through http:// B. What source categories are affected by www.regulations.gov, your e-mail the proposed standards? practices for the nine area source C. What are the production operations, categories. address will be automatically captured emission sources, and available controls? and included as part of the comment DATES: Comments must be received on III. Summary of Proposed Standards that is placed in the public docket and or before May 5, 2008, unless a public A. Do the proposed standards apply to my made available on the Internet. If you hearing is requested by April 14, 2008. source? submit an electronic comment, EPA B. When must I comply with the proposed If a hearing is requested on this recommends that you include your standards? proposed rule, written comments must name and other contact information in C. For what processes is EPA proposing be received by May 19, 2008. Under the the body of your comment and with any standards? Paperwork Reduction Act, comments on disk or CD–ROM you submit. If EPA D. What emissions control requirements is the information collection provisions cannot read your comment due to EPA proposing? E. What are the initial compliance must be received by OMB on or before technical difficulties and cannot contact May 5, 2008. provisions? you for clarification, EPA may not be F. What are the continuous compliance ADDRESSES: Submit your comments, able to consider your comment. requirements? identified by Docket ID No. EPA–HQ– Electronic files should avoid the use of G. What are the notification, OAR–2006–0306, by one of the special characters, any form of recordkeeping, and reporting following methods: encryption, and be free of any defects or requirements? • http://www.regulations.gov: Follow viruses. IV. Rationale for This Proposed Rule the on-line instructions for submitting Docket: All documents in the docket A. How did we select the source category? comments. are listed in the http:// B. How did we select the affected sources? • E-mail: [email protected]. www.regulations.gov index. Although C. How did we determine the regulated • Fax: (202) 566–9744. listed in the index, some information is processes? • D. How was GACT determined? Mail: National Emission Standards not publicly available, e.g., CBI or other E. How did we select the compliance for Hazardous Air Pollutants: Area information whose disclosure is requirements? Source Standards for Metal Fabrication restricted by statute. Certain other F. How did we decide to exempt this area and Finishing Operations Docket, material, such as copyrighted material, source category from title V permit Environmental Protection Agency, Air is not placed on the Internet and will be requirements? and Radiation Docket and Information publicly available only in hard copy V. Impacts of the Proposed Standards Center, Mailcode: 2822T, 1200 form. Publicly available docket A. What are the air impacts? Pennsylvania Ave., NW., Washington, materials are available either B. What are the cost impacts? DC 20460. Please include a total of two electronically through http:// C. What are the economic impacts? D. What are the non-air health, copies. In addition, please mail a copy www.regulations.gov or in hard copy at environmental, and energy impacts? of your comments on the information the NESHAP for Metal Fabrication and VI. Statutory and Executive Order Reviews collection provisions to the Office of Finishing Area Sources Docket, at the A. Executive Order 12866: Regulatory Information and Regulatory Affairs, EPA Docket and Information Center, Planning and Review Office of Management and Budget EPA West, Room 3334, 1301 B. Paperwork Reduction Act
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C. Regulatory Flexibility Act I. General Information Heating Equipment, except Electric; (6) D. Unfunded Mandates Reform Act Industrial Machinery and Equipment: A. Does this action apply to me? E. Executive Order 13132: Federalism Finishing Operations; (7) Iron and Steel F. Executive Order 13175: Consultation The regulated categories and entities Forging; (8) Primary Metal Products and Coordination With Indian Tribal potentially affected by this proposed Manufacturing; and (9) Valves and Pipe Governments action are shown in the table below. Fittings. Facilities affected by this G. Executive Order 13045: Protection of This proposed rule applies only to proposed rule are not subject to the Children From Environmental Health facilities that are an area source of the miscellaneous coating requirements in and Safety Risks compounds of cadmium, chromium, 40 CFR part 63, subpart HHHHHH, H. Executive Order 13211: Actions lead, manganese, and nickel, or an area ‘‘National Emission Standards for Concerning Regulations That source of volatile organic HAP (VOHAP) Hazardous Air Pollutants: Paint Significantly Affect Energy Supply, from spray painting operations, and Stripping and Miscellaneous Surface Distribution, or Use which perform metal fabrication or Coating Operations at Area Sources,’’ for I. National Technology Transfer finishing operations in one of the their affected source(s) that are subject Advancement Act following nine source categories: (1) to the requirements of this proposed J. Executive Order 12898: Federal Actions Electrical and Electronic Equipment rule. There potentially may be other To Address Environmental Justice in Finishing Operations; (2) Fabricated sources at the facility not subject to the Minority Populations and Low-Income Metal Products; (3) Fabricated Plate requirements of this proposed rule that Populations Work (Boiler Shops); (4) Fabricated are instead subject to subpart HHHHHH Structural Metal Manufacturing; (5) of this part.
Metal fabrication and finishing 1 Examples of Regulated Entities category NAICS Codes
Electrical and Electronics Equip- 335999 ...... Establishments primarily engaged in manufacturing motors and gen- ment Finishing Operations. erators and electrical machinery, equipment, and supplies, not elsewhere classified. The electrical machinery equipment and sup- plies industry sector includes facilities primarily engaged in high en- ergy particle acceleration systems and equipment, electronic sim- ulators, appliance and extension cords, bells and chimes, insect traps, and other electrical equipment and supplies, not elsewhere classified. The Motors and Generators Manufacturing industry sec- tor includes those establishments primarily engaged in manufac- turing electric motors (except engine starting motors) and power generators; motor generator sets; railway motors and control equip- ment; and motors, generators and control equipment for gasoline, electric, and oil-electric buses and trucks. Fabricated Metal Products ...... 332117 ...... Establishments primarily engaged in manufacturing fabricated metal products, such as fire or burglary resistive steel safes and vaults and similar fire or burglary resistive products; and collapsible tubes of thin flexible metal. Also included are establishments primarily en- gaged in manufacturing powder metallurgy products, metal boxes; metal ladders; metal household articles, such as ice cream freez- ers and ironing boards; and other fabricated metal products not elsewhere classified. Fabricated Plate Work (Boiler 332313, 332410, 332420 ...... Establishments primarily engaged in manufacturing power and ma- Shops). rine boilers, pressure and nonpressure tanks, processing and stor- age vessels, heat exchangers, weldments and similar products. Fabricated Structural Metal Manu- 332312 ...... Establishments primarily engaged in fabricating iron and steel or facturing. other metal for structural purposes, such as bridges, buildings, and sections for ships, boats, and barges. Heating Equipment, except Electric 333414 ...... Establishments primarily engaged in manufacturing heating equip- ment, except electric and warm air furnaces, including gas, oil, and stoker coal fired equipment for the automatic utilization of gaseous, liquid, and solid fuels. Typical products produced in this source cat- egory include low-pressure heating (steam or hot water) boilers, fireplace inserts, domestic (steam or hot water) furnaces, domestic gas burners, gas room heaters, gas infrared heating units, com- bination gas-oil burners, oil or gas swimming pool heaters, heating apparatus (except electric or warm air), kerosene space heaters, gas fireplace logs, domestic and industrial oil burners, radiators (except electric), galvanized iron nonferrous metal range boilers, room heaters (except electric), coke and gas burning salamanders, liquid or gas solar energy collectors, solar heaters, space heaters (except electric), mechanical (domestic and industrial) stokers, wood and coal-burning stoves, domestic unit heaters (except elec- tric), and wall heaters (except electric).
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Metal fabrication and finishing 1 category NAICS Codes Examples of Regulated Entities
Industrial Machinery and Equip- 333120, 333132, 333911 ...... Establishments primarily engaged in construction machinery manu- ment: Finishing Operations. facturing, oil and gas field machinery manufacturing, and pumps and pumping equipment manufacturing. Finishing operations in- clude the collection of all operations associated with the surface coating of industrial machinery and equipment. The construction machinery manufacturing industry sector includes establishments primarily engaged in manufacturing heavy machinery and equip- ment of types used primarily by the construction industries, such as bulldozers; concrete mixers; cranes, except industrial plan over- head and truck-type cranes; dredging machinery; pavers; and power shovels. Also included in this industry are establishments primarily engaged in manufacturing forestry equipment and certain specialized equipment, not elsewhere classified, similar to that used by the construction industries, such as elevating platforms, ship cranes and capstans, aerial work platforms, and automobile wrecker hoists. The oil and gas field machinery manufacturing in- dustry sector includes establishments primarily engaged in manu- facturing machinery and equipment for use in oil and gas field or for drilling water wells, including portable drilling rigs. The pumps and pumping equipment industry sector includes establishments primarily engaged in manufacturing pumps and pumping equipment for general industrial, commercial, or household use, except fluid power pumps and motors. This category includes establishments primarily engaged in manufacturing domestic water and sump pumps. Iron and Steel Forging ...... 33211 ...... Establishments primarily engaged in the forging manufacturing proc- ess, where purchased iron and steel metal is pressed, pounded or squeezed under great pressure into high strength parts known as forgings. The process is usually performed hot by preheating the metal to a desired temperature before it is worked. The forging process is different from the casting and foundry processes, as metal used to make forged parts is never melted and poured. Primary Metals Products Manufac- 332618 ...... Establishments primarily engaged in manufacturing products such as turing. fabricated wire products (except springs) made from purchased wire. These facilities also manufacture steel balls; nonferrous metal brads and nails; nonferrous metal spikes, staples, and tacks; and other primary metals products not elsewhere classified. Valves and Pipe Fittings ...... 332919 ...... Establishments primarily engaged in manufacturing metal valves and pipe fittings; flanges; unions, with the exception of purchased pipes; and other valves and pipe fittings not elsewhere classified. 1North American Industry Classification System.
This table is not intended to be only to the following address: Roberto C. Where can I get a copy of this exhaustive, but rather provide a guide Morales, OAQPS Document Control document? for readers regarding entities likely to be Officer (C404–02), Environmental In addition to being available in the affected by this action. To determine Protection Agency, Office of Air Quality docket, an electronic copy of this whether your facility would be Planning and Standards, Research proposed action will also be available regulated by this action you can refer to Triangle Park, North Carolina 27711, on the Worldwide Web (WWW) through the descriptions in section (II)(B) below. Attention Docket ID EPA–HQ–OAR– EPA’s Technology Transfer Network For descriptions of the North American 2006–0306. Clearly mark the part or all (TTN). A copy of this proposed action Industry Classification System (NAICS) of the information that you claim to be will be posted on the TTN’s policy and codes, you can view information on the CBI. For CBI information in a disk or guidance page for newly proposed or U.S. Census site at http:// CD–ROM that you mail to EPA, mark promulgated rules at the following www.census.gov/epcd/ec97brdg. If you the outside of the disk or CD–ROM as address: http://www.epa.gov/ttn/oarpg/. have any questions regarding the CBI and then identify electronically The TTN provides information and applicability of this action to a within the disk or CD–ROM the specific technology exchange in various areas of particular entity, consult either the air air pollution control. permit authority for the entity or your information that is claimed as CBI. In EPA regional representative as listed in addition to one complete version of the D. When would a public hearing occur? 40 CFR 63.13 of subpart A (General comment that includes information If anyone contacts EPA requesting to Provisions). claimed as CBI, a copy of the comment speak at a public hearing concerning that does not contain the information this proposed rule by April 14, 2008, we B. What should I consider as I prepare claimed as CBI must be submitted for will hold a public hearing on April 18, my comments to EPA? inclusion in the public docket. 2008. If you are interested in attending Do not submit information containing Information so marked will not be the public hearing, contact Ms. Pamela CBI to EPA through http:// disclosed except in accordance with Garrett at (919) 541–7966 to verify that www.regulations.gov or e-mail. Send or procedures set forth in 40 CFR part 2. a hearing will be held. If a public deliver information identified as CBI hearing is held, it will be held at 10 a.m.
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at the EPA’s Environmental Research regulations for source categories that includes establishments primarily Center Auditorium, Research Triangle may have many small businesses. engaged in manufacturing motors and Park, NC, or an alternate site nearby. Determining what constitutes GACT generators and electrical machinery, equipment, and supplies, not elsewhere II. Background Information for involves considering the control classified, and includes facilities Proposed Area Source Standards technologies and management practices that are generally available to the area primarily engaged in high energy A. What is the statutory authority and sources in the source category. We also particle acceleration systems and regulatory approach for the proposed consider the standards applicable to equipment, electronic simulators, standards? major sources in the same industrial appliance and extension cords, bells Section 112(d) of the CAA requires us sector to determine if the control and chimes, insect traps, and other to establish national emission standards technologies and management practices electrical equipment and supplies not for hazardous air pollutants (NESHAP) are transferable and generally available elsewhere classified. This category also for both major and area sources of HAP to area sources. In appropriate includes those establishments primarily engaged in manufacturing electric that are listed for regulation under CAA circumstances, we may also consider motors (except engine starting motors) section 112(c). A major source emits or technologies and practices at area and and power generators; motor generator has the potential to emit 10 tons per major sources in similar categories to sets; railway motors and control year (tpy) or more of any single HAP or determine whether such technologies equipment; and motors, generators and 25 tpy or more of any combination of and practices could be considered control equipment for gasoline, electric, HAP. An area source is a stationary generally available for the area source category at issue. Finally, as noted and oil-electric buses and trucks. source that is not a major source. Fabricated Metal Products, Not Section 112(k)(3)(B) of the CAA calls above, in determining GACT for a Elsewhere Classified: This category for EPA to identify at least 30 HAP particular area source category, we includes establishments primarily which, as the result of emissions from consider the costs and economic engaged in manufacturing fabricated area sources, pose the greatest threat to impacts of available control technologies and management practices metal products, such as fire or burglary public health in the largest number of resistive steel safes and vaults and urban areas. EPA implemented this on that category. We are proposing these national similar fire or burglary resistive provision in 1999 in the Integrated products; and collapsible tubes of thin Urban Air Toxics Strategy (64 FR 38715, emission standards in response to a court-ordered deadline that requires flexible metal. Also included are July 19, 1999). Specifically, in the EPA to issue standards for 11 source establishments primarily engaged in Strategy, EPA identified 30 HAP that categories listed pursuant to section manufacturing powder metallurgy pose the greatest potential health threat 112(c)(3) and (k) by June 15, 2008 products, metal boxes; metal ladders; in urban areas, and these HAP are (Sierra Club v. Johnson, no. 01–1537, metal household articles, such as ice referred to as the ‘‘30 urban HAP.’’ D.D.C., March 2006). We have already cream freezers and ironing boards; and Section 112(c)(3) requires EPA to list issued regulations addressing one of the other fabricated metal products not sufficient categories or subcategories of 11 area source categories. See elsewhere classified. area sources to ensure that area sources regulations for Wood Preserving Fabricated Plate Work (Boiler Shops): representing 90 percent of the emissions (Federal Register, 72 (135), July 16, This category includes establishments of the 30 urban HAP are subject to 2007.) Other rulemakings will include primarily engaged in manufacturing regulation. We implemented these standards for the remaining source power and marine boilers, pressure and requirements through the Integrated categories that are due in June 2008. nonpressure tanks, processing and Urban Air Toxics Strategy (64 FR 38715, storage vessels, heat exchangers, July 19, 1999). A primary goal of the B. What source categories are affected weldments and similar products. Strategy is to achieve a 75 percent by these proposed standards? Fabricated Structural Metal reduction in cancer incidence These proposed standards would Manufacturing: This category includes attributable to HAP emitted from affect any facility that performs metal establishments primarily engaged in stationary sources. fabrication or finishing operations in fabricating iron and steel or other metal Under CAA section 112(d)(5), we may one of the following nine metal for structural purposes, such as bridges, elect to promulgate standards or fabrication and finishing area source buildings, and sections for ships, boats, requirements for area sources ‘‘which categories: (1) Electrical and Electronic and barges. provide for the use of GACT or Equipment Finishing Operations; (2) Heating Equipment, except Electric: management practices by such sources Fabricated Metal Products; (3) This category includes establishments to reduce emissions of hazardous air Fabricated Plate Work (Boiler Shops); primarily engaged in manufacturing pollutants.’’ Additional information on (4) Fabricated Structural Metal heating equipment, except electric and GACT is found in the Senate report on Manufacturing; (5) Heating Equipment, warm air furnaces, including gas, oil, the legislation (Senate Report Number except Electric; (6) Industrial Machinery and stoker coal fired equipment for the 101–228, December 20, 1989), which and Equipment: Finishing Operations; automatic utilization of gaseous, liquid, describes GACT as: (7) Iron and Steel Forging; (8) Primary and solid fuels. Typical products * * * methods, practices and techniques Metal Products Manufacturing; and (9) produced in this source category which are commercially available and Valves and Pipe Fittings. Throughout include low-pressure heating (steam or appropriate for application by the sources in this proposed rule, we refer to the nine hot water) boilers, fireplace inserts, the category considering economic impacts metal fabrication and finishing source domestic (steam or hot water) furnaces, and the technical capabilities of the firms to categories collectively as ‘‘metal domestic gas burners, gas room heaters, operate and maintain the emissions control fabrication or finishing operations.’’ gas infrared heating units, combination systems. The following are descriptions of the gas-oil burners, oil or gas swimming Consistent with the legislative history, nine metal fabrication and finishing pool heaters, heating apparatus (except we can consider costs and economic source categories: electric or warm air), kerosene space impacts in determining GACT, which is Electrical and Electronic Equipment heaters, gas fireplace logs, domestic and particularly important when developing Finishing Operations: This category industrial oil burners, radiators (except
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electric), galvanized iron nonferrous springs) made from purchased wire. 2002 U.S. Census data also indicate that metal range boilers, room heaters These facilities also manufacture steel more than 90 percent of the metal (except electric), coke and gas burning balls; nonferrous metal brads and nails; fabrication and finishing area source salamanders, liquid or gas solar energy nonferrous metal spikes, staples, and categories is comprised of small collectors, solar heaters, space heaters tacks; and other primary metals businesses, based on the Small Business (except electric), mechanical (domestic products not elsewhere classified. Administration definition. and industrial) stokers, wood and coal- Valves and Pipe Fittings: This source A majority of the metal fabrication burning stoves, domestic unit heaters category includes establishments and finishing area source facilities are (except electric), and wall heaters primarily engaged in manufacturing estimated to be in urban areas, based on (except electric). metal valves and pipe fittings, flanges, an estimate of 73 percent developed Industrial Machinery and Equipment and unions, with the exception of from from EPA’s 2002 National Emission Finishing Operations: This category purchased pipes; and other valves and Inventory (NEI).2 includes establishments primarily pipe fitting products not elsewhere Facilities affected by this proposed engaged in construction machinery classified. rule are not subject to the miscellaneous manufacturing, oil and gas field We added the nine metal fabrication coating requirements in 40 CFR part 63, machinery manufacturing, and pumps and finishing source categories to the subpart HHHHHH, ‘‘National Emission and pumping equipment manufacturing. Integrated Urban Air Toxics Strategy Standards for Hazardous Air Pollutants: Finishing operations include the Area Source Category List on November Paint Stripping and Miscellaneous collection of all operations associated 22, 2002 (67 FR 70427). The inclusion Surface Coating Operations at Area with the surface coating of industrial of these source categories to the section Sources,’’ for their affected source(s) machinery and equipment. This 112(c)(3) area source category list is that are subject to the requirements of category includes establishments based on 1990 emissions data, as EPA this proposed rule. There potentially primarily engaged in manufacturing used 1990 as the baseline year for that may be other sources at the facility not heavy machinery and equipment of listing. The nine metal fabrication and subject to the requirements of this types used primarily by the construction finishing source categories were listed proposed rule that are instead subject to industries, such as bulldozers; concrete for regulation based on emissions of subpart HHHHHH of this part. mixers; cranes, except industrial plant compounds of cadmium, chromium, C. What are the production operations, overhead and truck-type cranes; lead, manganese, and nickel in the 1990 emission sources, and available dredging machinery; pavers; and power inventory, hereafter referred to as controls? shovels. Also included in this industry ‘‘metal fabrication and finishing metal are establishments primarily engaged in HAP’’ (MFHAP). Four of the metal While these nine source categories manufacturing forestry equipment and fabrication and finishing source produce a wide variety of products, they certain specialized equipment, not categories were also listed for emissions perform very similar fabrication and elsewhere classified, similar to that used of the organic HAP trichloroethylene finishing operations to create them. by the construction industries, such as (TCE).1 Chlorinated solvents such as There are five general production elevating platforms, ship cranes and TCE are used as degreasers in these operations common to metal fabrication capstans, aerial work platforms, and metal fabrication and finishing source and finishing source categories that can automobile wrecker hoists. This categories. We subsequently discovered emit MFHAP. These five production category also includes establishments that the 1990 emissions data for TCE operations are: (1) Dry abrasive blasting; primarily engaged in manufacturing was for metal fabrication and finishing (2) dry grinding and dry polishing with machinery and equipment for use in oil facilities that used TCE in degreasing machines; (3) machining; (4) spray and gas fields or for drilling water wells, operations, which are not part of this painting and coating; and (5) welding. including portable drilling rigs. This source category. Rather, these emission As typical within any industry, there category includes establishments units at both major and area sources are is variation in operations between primarily engaged in manufacturing subject to standards for halogenated facilities. Also, all facilities do not pumps and pumping equipment for solvent cleaning under 40 CFR part 63, necessarily employ all five production general industrial, commercial, or subpart T. Consequently, we are not areas. Information acquired from an household use, except fluid power proposing standards for TCE from metal EPA survey of 166 facilities showed that pumps and motors, and establishments fabrication and finishing facilities. The for the area sources in the source primarily engaged in manufacturing four metal fabrication and finishing categories of interest, 39 percent domestic water and sump pumps. source categories listed for TCE perform dry abrasive blasting, 59 Iron and Steel Forging: This category emissions remain listed source percent perform metal fabrication and includes establishments primarily finishing with machines, 60 percent engaged in the forging manufacturing categories pursuant to section 112(c)(3) of this part. Therefore, we are clarifying perform painting or coating of some process, where purchased iron and steel kind (that includes but is not limited to metal is pressed, pounded or squeezed that we do not need these four source categories to meet the section 112(c)(3) spray painting or spray coating), and 65 under great pressure into high strength percent perform welding. More detailed parts known as forgings. The process is 90 percent requirement regarding area source emissions of TCE. analyses are available in the docket, usually performed hot by preheating the including estimated percentages of the metal to a desired temperature before it Based on 2002 U.S. Census data and a survey of the industry that we number of facilities in each category is worked. The forging process is performing each operation. different from the casting and foundry conducted in 2006, we estimate that 5,800 metal fabrication and finishing Another metal fabrication and processes, as metal used to make forged finishing operation that can emit parts is never melted and poured. area source facilities are currently operating in the U.S. Our analyses of MFHAP is plating. This operation was Primary Metal Products noted to be performed by some of the Manufacturing: This source category 1 These four source categories were Electrical and includes establishments primarily Electronic Equipment Finishing Operations; 2 These urban areas are defined to be the urban engaged in manufacturing products Fabricated Metal Products; Primary Metal Products 1 and urban 2 areas that formed the basis of the such as fabricated wire products (except Manufacturing; and Valves and Pipe Fittings. listing decisions under 112(c)(3) and (k).
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facilities in the nine metal fabrication Dry abrasive blasting equipment machines; however, no emissions occur and finishing source categories, but is consists of the following general types from hand polishing. not regulated by this proposed rule. of systems, listed from small to large: Machining Operations. This metal Plating operations are not regulated by Portable blasters, blast cabinets or fabrication and finishing operation this proposed rule because they are ‘‘glove boxes’’, blast chambers which includes activities such as turning, regulated elsewhere, as follows: can be 3 or 4-sided structures, and milling, drilling, boring, tapping, Chromium electroplating tanks are ‘‘bulk’’ blasters that are totally enclosed planing, broaching, sawing, cutting, subject to the Chromium Electroplating and vented to a filtration device to shaving, shearing, threading, reaming, NESHAP (40 CFR 63, subpart N), while collect and recycle the blast material. shaping, slotting, hobbing, and other plating operations at area sources Shot peening is a common type of dry chamfering, where stock is removed are subject to the Plating and Polishing abrasive blasting that is a surface from a work piece as chips by a machine Area Source Rule (40 CFR part 63, treatment used to increase the fatigue that forces a cutting piece against a work subpart WWWWWW) which will be life of metal parts. In shot peening, a piece. Shearing operations cut materials into a desired shape and size, while promulgated by June 15, 2008. higher pressure is used to focus the forming operations bend or conform abrasive on a localized area as opposed 1. Metal Fabrication and Finishing materials into specific shapes. Cutting to general abrasive blasting that may be Operations and shearing operations include directed over a larger surface area. Shot punching, piercing, blanking, cutoff, The nine Metal Fabrication and peening generally refers to abrasive Finishing source categories produce a parting, shearing and trimming. blasting with metallic or steel pellets, Forming operations include bending, wide variety of products using five like BB shot. Shot peening is almost general production operations that can forming, extruding, drawing, rolling, always performed in a contained area so spinning, coining, and forging the metal. emit MFHAP: (1) Dry abrasive blasting; that the pellets can be recovered and (2) dry grinding and dry polishing with Machining is usually totally enclosed, reused. Similarly, blasting performed machines; (3) machining; (4) spray where the enclosure is part of the with sand other media is also often painting and coating; and (5) welding. operating equipment. Many of these performed in a contained area so that The following is a brief description of machining operations use lubricants or the media can be recovered and reused. each of these five fabrication and liquid coolants either alone or in finishing operations regulated by this Dry Grinding and Dry Polishing conjunction with enclosures. proposed rule. Operations. These metal fabrication and Painting Operations. Paints and coatings (hereafter called ‘‘paints’’) are Dry Abrasive Blasting Operations. finishing operations are very similar and applied to metal fabrication and This metal fabrication and finishing vary only as to their timing in the finishing products for surface operation (also referred to in the fabrication and extent of abrasion. Not protection, aesthetics, or both. Painting industry as sand blasting, shot blasting, all parts are polished but most are or coating (hereafter called ‘‘painting’’) and shot peening) is used to clean or ground. Grinding is performed on a work piece prior to fabrication or is usually performed using a spray gun prepare a surface by forcibly propelling in a spray booth or with portable spray abrasive material against it. Commonly finishing operations to remove undesirable material from the surface or equipment. Paints may also be applied used abrasives include silica sand, glass via dip tanks. The coated parts then beads, aluminum oxide, slag, garnet, to remove burrs or sharp edges. Grinding is done using belts, disks, or pass through an open (flashoff) area steel shot, walnut shells, as well as where additional volatiles evaporate wheels consisting of or covered with other materials. Common applications from the paint. The coated parts may various abrasives, e.g., silica, alumina, of dry abrasive blasting include surface pass through a drying/curing oven, or silicon carbide, garnet, alundum, or preparation for painting or coating; burr are allowed to air dry, where the emery. Grinding may be performed dry removal after machining, grinding, or remaining volatiles are evaporated. welding; matte surface finishing; or may use lubricants or coolants such Spray-applied painting operations removal of flash from molded objects. as water or water-based mixtures, include any hand-held device that Two primary aspects differentiate the solutions, or emulsions containing creates an atomized mist of paint and various types of abrasive blasting: The cutting oils, soaps, detergents, wetting deposits the paint on a substrate. For the method of abrasive propulsion and the agents, or proprietary compounds. purposes of this rule, spray-painting type of abrasive used. There are three Polishing generally follows grinding. does not include thermal spray primary methods of propelling the The purpose of the polishing operation operations, also known as metallizing, abrasive: Air pressure, using is to remove any remaining metal and to flame spray, plasma arc spray, and compressed air to propel the abrasive; prepare the surface for more refined electric arc spray, among other names, water pressure, using air or water finishing procedures. Burrs on castings in which solid metallic or non-metallic pressure to propel a wet abrasive slurry; or stampings may also be removed by material is heated to a molten or semi- or centrifugal wheels, which use a polishing. Polishing is performed using molten state and propelled to the work rotating impeller to mechanically propel hard-faced wheels constructed of piece or substrate by compressed air or the abrasive. muslin, canvas, felt or leather. Abrasives other gas, where a bond is produced Abrasive blasting covers numerous are applied to the wheels with synthetic upon impact. Thermal spraying applications under widely varying adhesives or cements, typically silicate- operations at area sources are subject to conditions. Blasting is also performed base cements. The types of abrasives the Plating and Polishing Area Source outdoors with a portable apparatus or that are used in polishing include both NESHAP, subpart WWWWWW of this indoors within specially constructed natural and artificial abrasives. part. cabinets or enclosures/chambers, either Lubricants including oil, grease, tallow, Spray gun cleaning may be done by manually, or as part of an automated and special bar lubricants are used to hand cleaning parts of the disassembled process line. Because the applications of prevent gouging and tearing when a fine gun in a container of solvent, by abrasive blasting are widely varied, polished surface is required and also to flushing solvent through the gun there is a similarly wide variety of minimize frictional heat. Polishing may without atomizing the solvent and paint abrasive blasting equipment available. also be performed by hand without residue, or by using a fully enclosed
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spray gun washer. A combination of aluminum oxide, slag, garnet, steel shot, Spray Painting Emissions. The non-atomizing methods may also be walnut shells, and other materials. Few sources of HAP emissions from spray used. A gun washer consists of a solvent if any blast materials contain MFHAP, painting operations are the metal reservoir and a covered enclosure that therefore any MFHAP that is emitted pigments and solvents that are in the dispenses solvent for gun cleaning. The from blasting would originate from the paints. A substantial fraction of paint enclosure may also hold the gun for part or product being blasted. that is atomized does not reach the part automated gun cleaning. During gun Occasionally the blasted part or product and becomes what is termed cleaning in a gun washer, the cleaning may be painted, in which case the PM ‘‘overspray’’ and generates HAP solvent is dispensed from the reservoir will contain additional MFHAP if emissions. and sprayed through the gun while it is present in the pigments in the paint. All five MFHAP are potential open. Painted substrates are uncommon in the components of paint pigments that are Welding Operations. This metal metal fabrication and finishing used to provide color to the paint. The fabrication and finishing operation joins industries, since these industries MFHAP are emitted when the paints are two metal parts by melting the parts at primarily produce new products rather atomized during spray application. The the joint and filling the space with than recondition old ones. The blasted proposed spray painting requirements of molten metal. The most frequently used substrates typically include metals such this proposed rule would only apply to method for generating heat is obtained as: Cadmium, chromium (primarily in those spray painting operations that either from an electric arc or a gas- stainless steel), iron, lead, magnesium, spray-apply paints that contain MFHAP. oxygen flame. The type of welding most manganese (in both mild and stainless Paints are considered to contain commonly used in the metal fabrication steels), mercury, molybdenum, nickel MFHAP if they contain any individual and finishing source categories is (in stainless steel), selenium, tin, MFHAP at a concentration greater than thought to be electric arc welding. vanadium, and zinc (in galvanized 0.1 percent by mass. For the purpose of Electric arc welding includes many steel). All five MFHAP are potential determining whether paints contain different variations that involve various components of blasting substrates. MFHAP, facilities would be able to use types of electrodes, fluxes, shielding Dry Grinding and Dry Polishing formulation data provided by the gases, and types of equipment. Electric Emissions. Some metal fabrication and manufacturer or supplier, such as the arc welding can be divided into that finishing machine operations, such as material safety data sheet, as long as it which uses consumable electrodes vs. grinding and polishing, are often times represents each MFHAP compound in nonconsumable electrodes. In electric dry operations which can emit PM that the paint that is present at 0.1 percent arc welding, a flow of electricity across can contain MFHAP. Polishing by hand by mass or more for Occupational Safety the gap from the tip of the welding without the use of machines usually and Health Administration (OSHA)- electrode to the base metal creates the emits little or no PM or MFHAP due to defined carcinogens and at 1.0 percent heat needed for melting and joining the the low level of abrasion that potentially by mass or more for other MFHAP metal parts. The electric current melts can be induced by the worker’s hands. compounds. both the electrode and the base metal at All the PM or MFHAP in grinding and Paint solvents are used as vehicles for the joint to form a molten pool, which polishing is produced from the work the paint pigments. These solvents solidifies upon cooling. Consumable piece itself. Thus, the composition of include VOHAP such as xylenes, welding rods are used when extra metal the PM and presence of MFHAP is toluene, phenol, cresols/cresylic acid, is needed as a filler for the joint to make dependent upon the metal being glycol ethers (including ethylene glycol a complete bond. The consumable rods worked. As above for blasting, the metal monobutyl ether), styrene, methyl must be close in composition to the base fabrication and finishing substrates isobutyl ketone, and ethyl benzene. metals, and can vary with each typically include metals such as: Paints used in spray painting are application. An externally supplied gas Cadmium, chromium (primarily in thinned with solvents so that the paints (argon, helium, or carbon dioxide) can stainless steel), iron, lead, magnesium, are fluid enough to be able to be be used to shield the arc. manganese (in both mild and stainless delivered onto the parts and products steels), mercury, molybdenum, nickel via narrow spray gun nozzles. The 2. Metal Fabrication and Finishing HAP (in stainless steel), selenium, tin, solvents are considered to be completely Emission Sources vanadium, and zinc (in galvanized volatilized during spray application of All five of the metal fabrication and steel). All five MFHAP are potential the paint and during curing or drying. finishing operations described above components of metal fabrication and Most solvents contain HAP. The can emit MFHAP. The MFHAP that can finishing substrates and therefore, are solvents may also consist of volatile be emitted from the metal fabrication also potential emissions from operations organic compound (VOC) emissions and finishing operations are in the form of dry grinding and dry polishing with which contribute to ozone formation, an of particulate matter (PM) produced machines. EPA-regulated criteria pollutant. from the material being fabricated, PM Machining Emissions. Most of the The remaining HAP emissions are emitted from the use of consumable machining operations in the metal primarily from cleaning operations, welding rods, and MFHAP used to color fabrication and finishing industry are such as cleaning of spray guns. The paints (as pigments). In addition, there totally enclosed, where the enclosure is HAP emissions from both the cleaning are VOHAP emitted from painting part of the equipment. Many of these solvent and the paint removed from the operations, where the VOHAP are used operations use lubricants or liquid gun can be emitted during cleaning. as vehicles and solvents for the paints. coolants, either alone or in conjunction Solvents used for equipment cleaning Details on the HAP emissions from each with enclosures. Because any emissions may contain the same HAP as the paints of the five potential HAP-emitting generated by these machining they remove. The HAP Emissions from operations follow below. operations, which would be in the form gun cleaning are minimized when Dry Abrasive Blasting Emissions. The of PM, are captured or entrained in the cleaning is performed in a manner such emissions from dry abrasive blasting are liquid, little or no emissions are that an atomized mist or spray of gun predominantly inert PM resulting from generated. Any MFHAP that is released cleaning solvent and paint residue is not breakdown of the blast material which from machining would originate from created outside of a container that is composed of silica sand, glass beads, the part or product being machined. collects used gun cleaning solvent.
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Mixing and storage are other sources metal rods that must be replaced, it is reduces fume by 30 percent as of HAP emissions. The HAP emissions slower than the welding operations compared to other available products can occur from displacement of HAP- which use continuous electrodes. has been reported as recently available laden air in containers used to store Another type of welding that uses a for use with FCAW. Minor effects to HAP solvents or to mix paints consumable electrode and has a high reduce fume formation rate have also containing HAP solvents. The fume formation rate is fluxed-core arc been attributed to the speed that the displacement of vapor-laden air also can welding (FCAW). High fume formation welding torch moves along the weld, be caused by changes in temperature or occurs because the weld material is a i.e., the ‘‘travel speed.’’ barometric pressure, or by agitation liquid or ‘‘flux’’ and not a solid wire, Carrier or shielding gas type and flow during mixing. and therefore is more volatile. rate are also variables that have been Welding Emissions. The type of Gas metal arc welding (GMAW), found to affect welding fume formation welding most commonly used in the originally called metal inert gas (MIG) rate. Substitution of argon gas reduces metal fabrication and finishing source welding because it used an inert gas for the fume formation rate. A reduction in categories is thought to be electric arc shielding, has a moderate fume fume of approximately 40 percent has welding. This is also the type of welding formation rate as compared to other been reported if argon is replaced as the that can produce the most MFHAP welding operations. The advantages of shielding gas. The shield gas flowrate emissions, since a consumable electrode GMAW include its ability to be operated also can be optimized, with 35 cubic is used. Emissions from welding are in in semiautomatic or automatic modes. It feet per hour the reported optimum rate. the form of a fume, which is defined to is the only consumable welding type This rate is in the middle of the usual be particles that are small enough to be that can weld all commercially operating range and is thought to be low airborne for extended periods of time important metals, such as carbon steel, enough to minimize turbulence but high and are visible to the human eye. The high-strength low alloy steel, stainless enough to protect the worker. steel, nickel alloys, titanium, aluminum, size of particles in welding fume is Voltage and current play a key role in and copper. With GMAW, a weld can be highly variable with an average size the welding fume formation rate. While µ performed in all positions with the around 1 micrometer ( m), low voltage and/or current is known to proper choice of electrode, shielding corresponding to what is commonly lower the fume formation rate, the use gas, and welding variables. Compared to called the ‘‘fume’’ size range. Welding of a pulsed current has been found to SMAW, the rate of deposition of the fumes have a bimodal distribution, with lower fume formation by up to 90 electrode material and therefore welding maximum concentrations in ‘‘coarse’’ percent of the rate with straight current (approximately 1.5 µm) and ‘‘fine’’ (0.52 rate is higher than with GMAW. The for some types of welding operations. µm) particle size ranges. disadvantage is that the equipment for The reduction in welding fume with a Welding fumes are a product of the GMAW is more complex, more pulsed current is due to the change in base metal being welded, the expensive, and less portable than metal electrode transfer mode from consumable welding electrode or wire, SMAW. the shielding gas, and any surface Another type of welding that uses a globular to spray, that results from coatings or contaminants on the base consumable electrode and has a low moderately increasing the voltage and metal. As much as 95 percent of the fume formation rate is submerged arc delivering a pulsed rather than steady welding fume is thought to originate welding (SAW). In this type of welding, current. There is also a voltage window from the melting of the electrode or wire the welding rod is not exposed to the in which the fume rate reduction consumable. Welding fume constituents atmosphere which lowers the potential occurs, since with too high voltage, a may include silica and fluorides, used for emissions. shift from spray to stream mode occurs to aid the welding operation, and HAP Two welding operations that use non- along with a subsequent increase in metals such as antimony, arsenic, consumable electrodes are gas tungsten emissions. Pulsed current is only beryllium, cobalt, mercury, and arc welding (GTAW) that is also called successful if used with GMAW, which selenium, in addition to the five tungsten inert gas (TIG), and plasma arc is itself a pollution prevention MFHAP: Cadmium, chromium, lead, welding (PAW). Because consumable technique since it has one of the lowest manganese, and nickel. As noted above electrodes are not used, this type of fume formation rates of welding for dry abrasive blasting, chromium and welding has low or no emissions. performed with consumable electrodes. nickel are found primarily in stainless The choice of welding method is Welding emissions have been found steel, whereas manganese is found in determined by many variables that to be reduced when automation is used. both mild and stainless steels. include but are not limited to substrate Since automated welding is faster and Among the electric arc welding material and shape; type of weld more efficient than manual welding, operations that use a consumable needed; skill of welder; and amount of total emissions are lower even though electrode, shielded metal arc welding welding to be done, therefore, a change the overall fume formation rate of the (SMAW) is used in more than 50 from one type of welding to another is automated welding remains the same as percent of welding. SMAW also was the not always possible. with manual welding. first welding type to use a consumable The shape of the material is another Emissions of MFHAP in welding fume electrode and suits most general variable that can affect fume formation are also subject to regulations by the purpose welding applications. SMAW, rate. It also has been found that when OSHA, a U.S. government agency that also called manual metal arc welding the angle of welding is closer to 90°, develops work place emission (MMAW) or ‘‘stick’’ possibly because it lower fume formation occurs. If the standards. The sole goal of OSHA uses replaceable welding electrode rods shape of the part to be welded prevents regulations is to protect the worker from that look like sticks, has a high fume re-positioning the welding equipment, being exposed to high concentrations of formation rate as compared to other this pollution prevention technique also pollutants, such as MFAP. The OSHA welding operations. The advantages of cannot be used. regulations set standards for MFHAP SMAW welding include its simplicity, In terms of welding rod feed rate, it concentration as measured in the low cost, portability, and the fact that a has been found that the higher the wire breathing zone of the workers, as a time- shielding gas is not needed. One feed rate the higher the fume formation weighted average over the time period restriction of SMAW is that since it uses rate. Also, a low fume welding rod that of a typical work shift (usually 6 hours
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or more). The OSHA limits for MFHAP according to the manufacturer’s Spray Painting Controls. There are are as follows: specifications. Used blast material is three primary means of controlling recycled via screening, sieving, or other emissions from painting operations: methods to remove degraded media and Reduction of overspray; capture of return the blast material to its original overspray with a spray booth and OSHA limit condition. Significant cost savings are control of the MFHAP by filtration or a (micrograms realized through recycling of the blast water scrubbing system; and changes to Welding MFHAP per cubic meter) material. Some dry abrasive blasting paint composition to reduce solvent and operations are not completely enclosed, VOHAP content. cadmium fume ...... 5 or are performed outdoors. Emissions Reduction of overspray can have a chromium, hexavalent ...... 5 from these operations are controlled or significant effect on emissions of both chromium, total metal ...... 1,000 reduced via partial enclosures and also MFHAP and VOHAP. The fraction of lead ...... 50 the use of management practices. These applied paint that becomes overspray manganese ...... 5,000 practices include good choice of blast depends on many variables, but two of nickel ...... 1,000 media which is less likely to break the most important are the type of down into fine PM; avoiding re-use of equipment and the skill of the painter. The OSHA hexavalent chromium blast media, or filtration of blast media High velocity low pressure spray guns exposure limit was reduced in 2006 to remove broken particles; and or other high-efficiency technologies, from 52 to 5 micrograms per cubic meter avoiding blasting outside during periods such as airless spray guns or µ 3 ( g/m ). The American Conference of of high winds. electrostatic technologies, can Government Industrial Hygienists, an Dry Grinding and Dry Polishing with significantly reduce the amount of association of occupational health Machines Controls. These machine overspray, and thus reduce emissions. professionals, recommends a worker operations emit significant metal PM if Worker training is particularly exposure limit for ‘‘total welding fume’’ uncontrolled, therefore, these important with these technologies, µ 3 of 5,000 g/m . operations, if not totally enclosed, use because they require even experienced 3. Metal Fabrication and Finishing HAP control systems to control the PM painters to learn new techniques. Many Emission Controls emitted. The control systems are types of training programs are available composed of local capture devices with and many facilities perform their own A variety of methods is used to cartridge, fabric, or high-efficiency training ‘‘in-house.’’ The best known of control emissions from the metal particulate air (HEPA) filters as control the external training programs is the fabrication and finishing operations. devices. These control systems are Spray Technique Analysis and Research Some methods are designed to reduce known to achieve 85 percent overall (STAR) program study that originated emissions through pollution prevention control of PM, as a surrogate for at the University of Northern Iowa or management practices, and other MFHAP, considering the efficiency of Waste Reduction Center and has now methods involve capturing emissions both the capture and control devices. been adopted at 37 locations (primarily and exhausting them to an add-on The large amount of fine PM generated community colleges) throughout the emission control device. The most during these operations would make the United States. widely-used methods of control work environment unbearable for the Some overspray lands on surfaces of employed by the metal fabrication and workers if not controlled, hence the spray booth and the masking paper finishing operations are discussed constant PM control is standard that is usually placed around the surface below. industry practice and an integral part of being sprayed, but the rest of the Dry Abrasive Blasting Controls. Small all dry grinding and dry polishing with overspray is contained by the spray self-contained ‘‘glove box’’ dry abrasive machine operations at metal fabrication booth and drawn into the spray booth blasting operations are used for small and finishing facilities. exhaust system. The large amount of PM parts and typically have no vents to the Machining Controls. The MFHAP generated during paint spraying makes atmosphere, thus no emissions. These emitted by machining operations consist it necessary to control the PM emitted devices are considered controlled of large particles or metal shavings that at all times to protect the worker and operations as typically operated. When are so large they immediately fall to the working environment. If the spray booth using glove boxes, the worker places floor. The machines used today to has filters, most of the overspray PM their hands in openings or gloves that perform precision cutting and forming and metals are captured by the filters; extend into the box and enables the are totally enclosed except for doors that otherwise, the emissions are exhausted worker to hold the objects as they are open to allow placement of the part to to the atmosphere. Spray booths being blasted without allowing air and be machined. The doors are closed controlled by fabric filters can reduce blast material to escape the box. Because before the machining begins; therefore, PM and MFHAP emissions by 98 of the proximity of the worker to the no MFHAP or PM is emitted into the percent, if operated properly. Water glove box and the blasting operation, no workplace during machining operations. curtains can also be used for controlling abrasive material can be allowed to be Some machining operations also use emissions from spray booths. emitted. lubricants and cutting oils to keep the As a result of efforts to reduce the Larger dry abrasive blasting equipment cooled and working properly impact of HAP- and VOC-containing operations are performed in enclosures and, therefore, concurrently entrain any paint solvents on the environment, and are typically equipped with fine particles that are generated. These many paint manufacturers have cartridge filters or other external add-on ‘‘wet’’ machining operations also do not developed lower solvent-content paints, control devices that collect degraded or generate any MFHAP or PM emissions also referred to as ‘‘water-based’’ paints. ‘‘used’’ blast material and particles during operation. This industry has Water-based paints may have up to 30 removed from the parts or products. evolved since 1990, where machining percent VOHAP-containing solvent, These control systems, which consist of operations were open and a large source with the balance of the paint vehicle enclosures and filters, can achieve at of PM and MFHAP, to the current consisting of water; however, the level least 95 percent control of PM, as a industry practice of totally enclosing the of solvent in water-based paints is much surrogate for MFHAP, if operated machining operations. less than the previous 80 percent or
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more VOHAP that is contained in from the base material. If the wire fast welding torch travel speed; solvent-based paints. As a result of the consists of MFHAP-containing material, optimized carrier or shielding gas flow lower VOHAP solvent content, water- such as chromium or nickel, then the rate; substitution of inert shielding gas, based paints in general have a lower emissions of these MFHAP are more such as argon, for carbon dioxide VOHAP content than solvent-based likely. Since the weld or wire material shielding gas; lowering the welding paints. The regulations promulgated to must closely match the material being voltage; pulsing the applied current; and fulfill section 112 of the CAA for major welded in order to be effective, the the use of automation, i.e., robotics. sources had a direct effect on increasing choice of weld material may not be able Note that pulsing the current is only the market availability of lower-HAP to be altered by the facility for some or successful if used with GMAW, which and -VOC paints in all market areas, all of its products. For example, if is itself a pollution prevention including miscellaneous metal parts, stainless steel is a required material due technique since it has one of the lowest plastic parts, large appliances, autobody to the specifications of the part or fume formation rates for welding refinishing, and architectural and product by the customers, the potential performed with consumable electrodes. industrial maintenance coatings. Many for chromium emissions in these In addition to the numerous State air toxics regulations require the operations cannot be prevented. management and pollution prevention use of commonly called ‘‘compliant The choice of welding type, which practices that reduce welding fume coatings,’’ where the only paints or impacts the potential fume formation generation, some facilities use capture coatings allowed to be used in certain rate, also provides opportunities for and control devices to collect welding areas must contain a solvent content pollution prevention. The type of fume after it is generated. Hoods and lower than a designated level in order welding method used at metal other local exhaust techniques are used to be ‘‘compliant’’ with the regulation. fabrication and finishing facilities is to collect the welding fume which is The use of compliant coatings is a determined by many variables that then vented to cartridge, fabric, or HEPA pollution prevention control method. include but are not limited to substrate filters. Some of these control systems Some regulations which require material and shape; type of weld may only partially capture the welding compliant coatings set one limit for all needed; skill of welder; and amount of fume. The advantage of using local paints while others require different welding to be done. Therefore, a change capture systems as opposed to room limits depending on the purpose of the from one type of welding to another is ventilation is that it provides the ability paint. Other regulations permit a not always possible. to move the control device to different Welding which does not use a weighted averaging of the solvent welding stations as needed. Very few consumable electrode has a much lower content of the paints used, where facilities in the metal fabrication and emission potential, as noted above in facilities are permitted to use paints finishing source categories use full room the ‘‘Welding Emissions’’ discussion. with higher solvent contents as long as ventilation and PM control to reduce Two common welding operations that their use is offset by paints with lower welding emissions. This is due to the use non-consumable electrodes are solvent content. This latter method of competing requirements to ventilate the compliance is considered a more GTAW, also called TIG, and PAW. breathing zone of the worker to comply flexible approach that allows facilities Switching from welding that uses a with OSHA regulations and the need to to balance their use of solvents to where consumable electrode to one of the minimize the amount of exhaust air it is needed most. In addition, some above operations that does not use a going to ventilation and add-on control facilities may choose to use add-on consumable electrode is a form of devices. controls such as solvent recovery units, pollution prevention. thermal incineration, or carbon Among the welding operations that The use of control systems is not absorbers to control VOHAP emissions use a consumable electrode, SMAW, always possible because the capture for situations where the solvent content also called MMAW or ‘‘stick,’’ is the systems may affect the air flow pattern cannot be reduced to a compliant most widely used electric arc welding. around welding operations and, coating level. These add-on controls are However, SMAW has a high fume therefore, interfere with the success of known to achieve at least 95 percent formation rate as compared to other the weld. Another difficulty with local control of VOHAP. welding operations. Another welding exhaust is the need to position and Welding Controls. Many different type that also has a high fume formation sometimes reposition the capture welding operations are commonly used rate is FCAW. GMAW, also called MIG, equipment so as to be most effective in the metal fabrication and finishing has a moderate fume formation rate as during welding operations without industry, as discussed above under compared to other welding operations. causing more fumes to enter the welding emissions. Consequently, there The disadvantage of GMAW is that the breathing zone of the worker. are many possible means of reducing equipment for GMAW is more complex, Fume control welding guns, emissions. Not all control methods are more expensive, and less portable than commonly called fume guns, have been appropriate for all types of welding SMAW. Another type of welding that developed where the welding fume is operations, however, and thus there is uses consumable electrodes and has a captured by the same device that no one ‘‘best’’ method to reduce welding relatively lower fume formation rate is performs the welding. Mixed success fume or PM, as a surrogate for MFHAP. SAW. Switching from welding that has has been reported with these devices The two primary categories of emission a relatively higher fume formation rate, because of problems with the control for welding are fume reduction such as SMAW or FCAW, to one that ergonomics of using the fume guns. through pollution prevention and has a lower rate, such as GMAW or In the EPA survey of metal fabrication management practices, and capture and SAW, is a form of pollution prevention. and finishing facilities, only 20 percent control of the welding fume. Other welding variables have been of facilities with welding stations used The primary variable in pollution determined to have a favorable effect on controls devices or fume guns. These prevention for welding is the type of fume formation rates. Optimizing these control systems are known to achieve 85 welding wire or electrode used. Over 95 variables for the specific task at hand is percent overall PM control efficiency, as percent of welding fume is thought to a form of pollution prevention. These a surrogate for MFHAP, considering the originate from the filler or electrode variables include optimized welding rod efficiency of both the capture and material with the remainder coming feed rate, use of low fume welding rods; control devices.
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III. Summary of Proposed Standards we have further differentiated some of spray painting; (7) control of MFHAP in the above five operations. We identify the spray painting of objects less than or A. Do the proposed standards apply to below nine distinct metal fabrication equal to 15 feet in any dimension; (8) my source? and finishing processes for the purposes control of MFHAP in the spray painting The proposed subpart XXXXXX of this proposed rule. of objects greater than 15 feet in any applies to new or existing affected metal For dry abrasive blasting operations, dimension; and (9) welding. fabrication and finishing area sources in we determined that there were two one of the following nine source distinct sizes of products being blasted D. What emissions control requirements categories (listed alphabetically) that that affected the manner in which the is EPA proposing? emit MFHAP: (1) Electrical and blasting was performed: products more We are proposing control Electronic Equipment Finishing than 8 feet in any dimension, and requirements for nine metal fabrication Operations; (2) Fabricated Metal products equal to or less than 8 feet. For and finishing processes described above Products; (3) Fabricated Plate Work products under 8 feet, we also observed in section (C). The following is a (Boiler Shops); (4) Fabricated Structural that some of these products were blasted description of these proposed control Metal Manufacturing; (5) Heating in completely enclosed chambers that requirements. The emission control Equipment, except Electric; (6) did not allow any air or emissions to requirements proposed here do not Industrial Machinery and Equipment: escape. Therefore, we developed three apply to tool or equipment repair; or Finishing Operations; (7) Iron and Steel distinct dry abrasive blasting processes: research and development operations. Forging; (8) Primary Metal Products (1) Dry abrasive blasting of objects less 1. Standards for Dry Abrasive Blasting Manufacturing; and (9) Valves and Pipe than or equal to 8 feet in any dimension of Objects Less Than or Equal To 8 Feet Fittings. A more detailed description of in completely enclosed and unvented in Any Dimension, Performed in these source categories can be found in blast chambers; (2) dry abrasive blasting Completely Enclosed and Unvented section II(B) above. If you have any of objects less than or equal to 8 feet in Blast Chambers questions regarding the applicability of any dimension performed in vented this action to a particular entity, consult enclosures, and (3) dry abrasive blasting Completely enclosed and unvented either the air permit authority for the of objects greater than 8 feet in any blast chambers are generally small entity or your EPA regional dimension. ‘‘glove box’’ type dry abrasive blasting representative as listed in 40 CFR 63.13 In spray painting operations that emit operations. Because there are no vents of subpart A (General Provisions). MFHAP, we also determined that there or openings in the enclosures, there are Facilities affected by this proposed rule were two distinct sizes of products no emissions directly from the operation are not subject to the miscellaneous being painted that affected the manner itself. coating requirements in 40 CFR part 63, in which the process was performed: This proposed rule would require subpart HHHHHH, ‘‘National Emission products more than 15 feet in any owners or operators of completely Standards for Hazardous Air Pollutants: dimension, and products equal to or less enclosed and unvented blast chambers Paint Stripping and Miscellaneous than 15 feet in any dimension. to comply with the following two Surface Coating Operations at Area Therefore we developed two distinct management and pollution prevention Sources,’’ for their source(s) subject to spray painting processes: (1) Spray practices: (1) Minimize dust generation the requirements of this proposed rule. painting of objects less than or equal to during emptying of the enclosure; and There potentially may be other sources 15 feet in any dimension, and (2) spray (2) operate all equipment used in the at the facility not subject to the painting of objects greater than 15 feet blasting operation according to requirements of this proposed rule that in any dimension. However, for the manufacturer’s instructions. purposes of controlling VOHAP, we did are instead subject to subpart HHHHHH 2. Standards for Dry Abrasive Blasting not distinguish between object size, of this part. of Objects Less than or Equal to 8 Feet therefore the standards proposed for in Any Dimension, Performed in Vented B. When must I comply with these control of VOHAP emissions from spray Enclosures proposed standards? painting includes only one proposed All existing area source facilities GACT requirement. This proposed rule would require subject to this proposed rule would be For dry grinding and dry polishing owners or operators of affected new and required to comply with the rule with machines, machining, and existing dry abrasive blasting operations requirements no later than 2 years after welding, we did not observe any blasting substrates of less than or equal the date of publication of the final rule distinct differences that would warrant to 8 feet in any dimension to perform in the Federal Register. further distinguishing the operations blasting with a control system that into separate processes. Therefore, these includes an enclosure, as a capture C. For what processes is EPA proposing three processes combined with the three device, and a cartridge, fabric or HEPA standards? for dry abrasive blasting and three for filter as a control device that is designed In our research for this proposed rule, painting results described above, results to control PM emissions, as a surrogate we found that there are five general in nine total processes addressed by this for MFHAP, from the process. These production operations common to the proposed rule, as follows: (1) Dry control systems using filters can achieve nine metal fabrication and finishing abrasive blasting objects less than or at least 95 percent control efficiency of source categories that can emit MFHAP. equal to 8 feet in any dimension, PM, as a surrogate for MFHAP, if These five production operations are: (1) performed in completely enclosed and operated according to the Dry abrasive blasting; (2) dry grinding unvented blast chambers; (2) dry manufacturer’s specifications. and dry polishing with machines; (3) abrasive blasting of objects less than or An enclosure is defined to be any machining; (4) spray painting; and (5) equal to 8 feet in any dimension, structure that includes a roof and at welding. In our review of the available performed in vented enclosures; (3) dry least two complete walls, with side data, we observed significant differences abrasive blasting of objects greater than curtains and ventilation as needed to for some of the five metal fabrication 8 feet in any dimension; (4) dry grinding insure that no air or PM exits the and finishing operations. As explained and dry polishing with machines; (5) chamber while blasting is performed. below, as the result of these differences machining; (6) control of VOHAP from Apertures or slots may be present in the
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roof or walls to allow for transport of the three management and pollution part or product being machined. blasted objects using overhead cranes, prevention practices: (1) Keep work Machining is totally enclosed and/or or cable and cord entry into the blasting areas free of excess dust by regular uses lubricants or liquid coolants that chamber. Facilities that would like to sweeping or vacuuming to control the do not allow small particles to escape. use equipment other than those listed accumulation of dust and other This proposed rule would require above can seek approval to do so particles; regular sweeping or owners or operators of affected new and pursuant to the procedures in § 63.6(g) vacuuming is defined to be sweeping or existing machining operations to of the General Provisions to part 63, vacuuming conducted once per day, comply with the following two which require the owner or operator to once per shift, or once per operation as management and pollution prevention demonstrate that the alternative means needed, depending on the severity of practices to minimize dust generation in of emission limitation achieves at least dust generation; (2) enclose dusty the workplace: (1) Keep work areas free equivalent HAP emission reductions as material storage areas and holding bins, of excess dust by regular sweeping or the controls specified in this proposed seal chutes and conveyors; and (3) vacuuming to control the accumulation rule. operate all equipment according to of dust and other particles; regular This proposed rule also would require manufacturer’s instructions. sweeping or vacuuming is defined to be owners or operators of all affected new sweeping or vacuuming conducted once 4. Standards for Dry Grinding and Dry and existing dry abrasive blasting per day, once per shift, or once per Polishing With Machines operations blasting substrates of less operation as needed, depending on the than or equal to 8 feet in any dimension Dry grinding and dry polishing with severity of dust generation; and (2) to comply with the following three machines operations often emit operate equipment used in machining management and pollution prevention significant PM, which is a surrogate for operations according to manufacturer’s practices: (1) Keep work areas free of MFPM. This proposed rule would instructions. excess dust by regular sweeping or require owners or operators of affected vacuuming to control the accumulation new and existing dry grinding and dry 6. Standards for Control of VOHAP from of dust and other particles; regular polishing with machines operations to Spray Painting Operations sweeping or vacuuming is defined to be capture PM emissions, as a surrogate for Spray painting operations can be sweeping or vacuuming conducted once MFHAP, with capture devices and vent significant sources of VOHAP per day, once per shift, or once per the exhaust to a cartridge, fabric, or emissions. This proposed rule would operation as needed, depending on the HEPA filter. These control systems are require owners or operators of spray severity of dust generation; (2) enclose known to achieve at least 85 percent painting operations from affected dusty material storage areas and holding overall PM control efficiency, as a sources that have the potential to emit bins, seal chutes and conveyors; and (3) surrogate for MFHAP, if operated VOHAP to use paints containing no operate all equipment according to according to the manufacturer’s more than 3.0 pounds VOHAP per manufacturer’s instructions. specifications. Facilities that would like gallon paint solids (0.36 kilograms per to use equipment other than those listed liter (kg/liter)) on an annual (12-month) 3. Standards for Dry Abrasive Blasting above can seek approval to do so rolling average basis. Two methods of of Objects Greater Than 8 Feet in Any pursuant to the procedures in § 63.6(g) complying with this standard are Dimension of the General Provisions to part 63, provided. One option would require This proposed rule would require which require the owner or operator to that all paints are demonstrated as owners or operators of affected new and demonstrate that the alternative means meeting the VOHAP limit. The second existing dry abrasive blasting operations of emission limitation achieves at least option would require facilities to meet that blast substrates greater than 8 feet equivalent HAP emission reductions as the VOHAP limit using a 12-month in any dimension to comply with the the controls specified in this proposed rolling weighted average. In this second following management and pollution rule. option, some paints can be above the prevention practices to minimize This proposed rule would also require VOHAP limit as long as their use is MFHAP emissions from the processes: owners or operators of affected new and balanced by other paints that are below (1) Do not perform blasting outside existing dry grinding and dry polishing the limit, such that the overall weighted when wind velocity is greater than 25 with machines operations to comply average of all paints and their VOHAP miles per hour; (2) switch from high with the following two management and content is calculated to be at or below PM-emitting blast media (e.g., sand) to pollution prevention practices: (1) Keep the VOHAP limit that would be required low PM-emitting blast media (e.g., steel work areas free of excess dust by regular by this proposed rule. shot, aluminum oxide), whenever sweeping or vacuuming to control the This proposed rule would also require practicable; (3) do not blast substrates accumulation of dust and other owners or operators of new and existing having coatings containing lead (>0.1 particles; regular sweeping or spray painting operations that have the percent lead), unless enclosures, vacuuming is defined to be sweeping or potential to emit VOHAP to comply barriers, or other PM control methods vacuuming conducted once per day, with the following two management and are used to collect the lead particles; once per shift, or once per operation as pollution prevention practices: (1) and (4) do not re-use the blast media needed, depending on the severity of Minimize VOHAP emissions during unless contaminants (i.e., any material dust generation; and (2) operate all mixing, storage, and transfer of paints; other than the base metal, such as paint equipment used in dry grinding and dry and (2) keep paint and solvent lids residue) have been removed by filtration polishing with machines according to tightly closed when not in use. or screening so that the abrasive manufacturer’s instructions. Based on reasonable assumptions material conforms to its original size about the practices included in the 1990 and makeup. 5. Standards for Machining 112(k) urban HAP inventory, we have This proposed rule would also require The majority of the PM released by concluded that painting processes that owners or operators of affected dry machining operations consists of large contributed to VOHAP and MFHAP abrasive blasting operations that blast particles or metal shavings that fall emissions in these source categories substrates greater than 8 feet in any immediately to the floor. Any MFHAP most likely did not include the dimension to comply with the following that is released would originate from the following materials or activities and,
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therefore, we do not cover these the application of paints or coatings that students and instructors at paint materials or activities in this proposed contain fillers that adversely affect training centers. rule: atomization with HVLP or equivalent Spray Painting Training (1) Paints applied from a hand-held spray guns, and the application of Requirements. This proposed rule device with a paint cup capacity that is coatings that normally have a dried film would require all workers that perform less than 3.0 fluid ounces (89 cubic thickness of less than 0.0013 centimeter spray painting at affected new and centimeters); (0.0005 in.). existing facilities to be trained, with (2) Surface coating application using Spray painting also does not include certification made available that this powder coating, hand-held, non- thermal spray operations, also known as training has occurred. The painters refillable aerosol containers, or non- metallizing, flame spray, plasma arc would need to be certified as having atomizing application technology, spray, and electric arc spray, among completed classroom and hands-on including, but not limited to, paint other names, in which solid metallic or training in the proper selection, mixing, brushes, rollers, hand wiping, flow non-metallic material is heated to a and application of paints, or the coating, dip coating, electrodeposition molten or semi-molten state and equivalent. Refresher training would coating, web coating, coil coating, propelled to the work piece or substrate need to be repeated at least once every touch-up markers, or marking pens; by compressed air or other gas, where a 5 years. These requirements would not (3) Any painting or coating that bond is produced upon impact. Thermal apply to operators of robotic or normally requires the use of an airbrush spraying operations at area sources are automated surface painting operations. or an extension on the spray gun to subject to the Plating and Polishing Area The initial and refresher training would properly reach limited access spaces; or Source NESHAP, subpart WWWWWW need to address the following topics to the application of paints or coatings that of this part. reduce paint overspray, which has a contain fillers that adversely affect Spray Gun Technology Requirements. direct effect on emissions reductions, as atomization with high velocity low This proposed rule would require all follows: pressure (HVLP) or equivalent spray affected new and existing facilities • Spray gun equipment selection, set using spray-applied paints to use HVLP guns, and the application of coatings up, and operation, including measuring spray guns, electrostatic application, or that normally have a dried film paint viscosity, selecting the proper airless spray techniques. Alternatively, thickness of less than 0.0013 centimeter fluid tip or nozzle, and achieving the an equivalent technology can be used if (0.0005 in.). proper spray pattern, air pressure and it is demonstrated to achieve transfer volume, and fluid delivery rate. 7. Standards for Control of MFHAP from efficiency comparable to one of the • Spray technique for different types Spray Painting of Objects Greater Than spray gun technologies listed above for 15 Feet in Any Dimension a comparable operation, and for which of paints to improve transfer efficiency This proposed rule would require written approval has been obtained from and minimize paint usage and owners or operators of affected new and the Administrator or delegated overspray, including maintaining the existing spray painting of objects greater authority. correct spray gun distance and angle to than 15 feet in any dimension to comply The procedure to be used to the part, using proper banding and with one equipment standard, to use of demonstrate that spray gun transfer overlap, and reducing lead and lag low-emitting and pollution preventing efficiency is equivalent to that of an spraying at the beginning and end of HVLP spray gun should be equivalent to each stroke. spray gun technology. This proposed • rule also would require two the California South Coast Air Quality Routine spray booth and filter management practices: (1) Spray painter Management District’s ‘‘Spray maintenance, including filter selection training and (2) spray gun cleaning. Equipment Transfer Efficiency Test and installation. Based on reasonable assumptions Procedure for Equipment User, May 24, For the purposes of the proposed about the practices included in the 1990 1989’’ and ‘‘Guidelines for training requirements, the facility owner 112(k) urban HAP inventory, we have Demonstrating Equivalency with or operator may certify that their concluded that painting processes that District Approved Transfer Efficient employees have completed training contributed to MFHAP emissions in Spray Guns, September 26, 2002’’ during ‘‘in-house’’ training programs. these source categories most likely did (incorporated by reference, see § 63.14 Also, facilities that can show by not include the following materials or of subpart A of this part). The Director documentation or certification that a activities, and, therefore, we do not of the Federal Register approves this painter’s work experience and/or cover these materials or activities in this incorporation by reference in training has resulted in training proposed rule: accordance with 5 U.S.C. 552(a) and 1 equivalent to the training described (1) Paints applied from a hand-held CFR part 51. You may obtain a copy above would not be required to provide device with a paint cup capacity that is from the California South Coast Air the initial training required for these less than 3.0 fluid ounces (89 cubic Quality Management District Web site at painters. centimeters); http://www.aqmd.gov/permit/docspdf/ Spray painters have 180 days to (2) Surface coating application using TransferEfficiencyTestingGuidelinesfor complete training after hiring or powder coating, hand-held, non- HVLPEquivalency.pdf and http://www. transferring into a surface painting job refillable aerosol containers, or non- aqmd.gov/permit/docspdf/Spray-Eqpt- from another job in the facility. These atomizing application technology, Trfr-Efficiency.pdf. You may inspect a proposed training requirements would including, but not limited to, paint copy at the National Archives and not apply to the students of an brushes, rollers, hand wiping, flow Records Administration (NARA). For accredited surface painting training coating, dip coating, electrodeposition information on the availability of this program who are under the direct coating, web coating, coil coating, material at NARA, call 202–741–6030, supervision of an instructor who meets touch-up markers, or marking pens; or go to: http://www.archives.gov/ the requirements of this paragraph. The (3) Any painting or coating that federal_register/code_of_federal_ training and certification for this rule normally requires the use of an airbrush regulations/ibr_locations.html. The would be valid for a period not to or an extension on the spray gun to proposed requirements of this paragraph exceed 5 years after the date the training properly reach limited access spaces; or do not apply to painting performed by is completed.
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Spray Gun Cleaning Requirements. other names, in which solid metallic or comparable filter technology that can be This proposed rule would require all non-metallic material is heated to a demonstrated to achieve at least 98 paint spray gun cleaning operations at molten or semi-molten state and percent control efficiency of paint affected new and existing facilities to propelled to the work piece or substrate overspray (also referred to as use an atomized mist or spray such that by compressed air or other gas, where a ‘‘arrestance’’). As an alternate the gun cleaning solvent and paint bond is produced upon impact. Thermal compliance option, spray booths can be residue is not created outside of the spraying operations at area sources are equipped with a water curtain, called a container that collects the used gun subject to the Plating and Polishing Area ‘‘waterwash’’ or ‘‘waterspray’’ booth. cleaning solvent. Spray gun cleaning Source NESHAP, subpart WWWWWW 98 Percent PM Control Filter—For may be done, for example, by hand of this part. spray booths equipped with a PM filter, cleaning of parts of the disassembled Spray Gun Technology Standards. the procedure used to demonstrate filter gun in a container of solvent, by This proposed rule would require all efficiency would need to be consistent flushing solvent through the gun affected new and existing facilities with the American Society of Heating, without atomizing the solvent and paint using spray-applied paints to use HVLP Refrigerating, and Air-Conditioning residue, or by using a fully enclosed spray guns, electrostatic application, or Engineers (ASHRAE) Method 52.1, spray gun washer. A combination of airless spray techniques. Alternatively, ‘‘Gravimetric and Dust-Spot Procedures these non-atomizing methods above an equivalent technology can be used if for Testing Air-Cleaning Devices Used may also be used. it is demonstrated to achieve transfer in General Ventilation for Removing Particulate Matter, June 4, 1992’’ 8. Standards for Control of MFHAP efficiency comparable to one of the spray gun technologies listed above for (incorporated by reference, see § 63.14 From Spray Painting Objects Less Than of subpart A of this part). The Director or Equal to 15 Feet in Any Dimension a comparable operation, and for which written approval has been obtained from of the Federal Register approves this This proposed rule would require the Administrator or delegated incorporation by reference in affected new and existing facilities that authority. accordance with 5 U.S.C. 552(a) and 1 are spray painting objects less than or The procedure to be used to CFR part 51. You may obtain a copy equal to 15 feet in any dimension to demonstrate that spray gun transfer from the ASHRAE at 1791 Tullie Circle, comply with two equipment standards: efficiency is equivalent to that of an NE., Atlanta, GA 30329 or by electronic (1) Use of low-emitting and pollution HVLP spray gun should be equivalent to mail at [email protected]. You may preventing spray gun technology, and the California South Coast Air Quality inspect a copy at the NARA. For (2) use of spray booth PM filters. This Management District’s ‘‘Spray information on the availability of this proposed rule also would require two Equipment Transfer Efficiency Test material at NARA, call 202–741–6030, management practices: (1) Spray painter Procedure for Equipment User, May 24, or go to: http://www.archives.gov/ _ _ _ _ training; and (2) spray gun cleaning. 1989’’ and ‘‘Guidelines for federal register/code of federal _ Based on reasonable assumptions Demonstrating Equivalency with regulations/ibr locations.html. about the practices included in the 1990 District Approved Transfer Efficient Compliance with the filter efficiency 112(k) urban HAP inventory, we have Spray Guns, September 26, 2002’’ standard also can be demonstrated concluded that painting processes that (incorporated by reference, see § 63.14 through data provided by the filter contributed to MFHAP emissions in of subpart A of this part). The Director manufacturer. The test paint for these source categories most likely did of the Federal Register approves this measuring filter efficiency would be a not include the following materials or incorporation by reference in high solids bake enamel delivered at a activities: accordance with 5 U.S.C. 552(a) and 1 rate of at least 135 grams per minute (1) Paints applied from a hand-held CFR part 51. You may obtain a copy from a conventional (non-HVLP) air- device with a paint cup capacity that is from the California South Coast Air atomized spray gun operating at 40 less than 3.0 fluid ounces (89 cubic Quality Management District Web site at pounds per square inch air pressure; the centimeters); http://www.aqmd.gov/permit/docspdf/ air flow rate across the filter shall be 150 (2) Surface coating application using TransferEfficiencyTestingGuidelinesfor feet per minute. Affected facilities may powder coating, hand-held, non- HVLPEquivalency.pdf and http://www. use published filter efficiency data refillable aerosol containers, or non- aqmd.gov/permit/docspdf/Spray-Eqpt- provided by filter vendors to atomizing application technology, Trfr-Efficiency.pdf. You may inspect a demonstrate compliance with this including, but not limited to, paint proposed requirement and would not be copy at the NARA. For information on brushes, rollers, hand wiping, flow required to perform this measurement. the availability of this material at coating, dip coating, electrodeposition Waterwash spray booths—As an NARA, call 202–741–6030, or go to: coating, web coating, coil coating, alternative compliance option, spray http://www.archives.gov/federal_ touch-up markers, or marking pens; booths may be equipped with a water register/code_of_federal_regulations/ (3) Any painting or coating that _ curtain that achieves at least 98 percent normally requires the use of an airbrush ibr locations.html. The requirements of control of MFHAP. The waterwash or or an extension on the spray gun to this paragraph would not apply to ‘‘waterspray’’ spray booths would be properly reach limited access spaces; or painting performed by students and required to be operated and maintained the application of paints or coatings that instructors at paint training centers. according to the manufacturer’s contain fillers that adversely affect Spray Booth PM Control Requirement. specifications. atomization with HVLP or equivalent This proposed rule would require the Spray Painting Training surface preparation stations or spray Requirements. This proposed rule spray guns, and the application of 3 coatings that normally have a dried film booths of affected new and existing would require all workers that perform thickness of less than 0.0013 centimeter facilities to be fitted with fiberglass or spray painting at affected new and (0.0005 in.). polyester fiber filters or other existing facilities to be trained, with Spray painting also does not include certification made available that this 3 The spray booth roof may contain narrow slots thermal spray operations, also known as for connecting the parts and products to overhead training has occurred. The painters metallizing, flame spray, plasma arc cranes, or for cord or cable entry into the spray would need to be certified as having spray, and electric arc spray, among booth. completed classroom and hands-on
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training in the proper selection, mixing, flushing solvent through the gun compliance with the following and application of paints, or the without atomizing the solvent and paint requirements: Limit the VOHAP content equivalent. Refresher training would residue, or by using a fully enclosed of spray-applied paints, use of spray need to be repeated at least once every spray gun washer. A combination of booths and filters, use of approved spray 5 years. These requirements would not these non-atomizing methods above delivery and cleaning systems, and apply to operators of robotic or may also be used. proper training of workers in spray automated surface painting operations. painting application techniques. The initial and refresher training would 9. Standards for Welding F. What are the continuous compliance need to address the following topics to This proposed rule would require requirements? reduce paint overspray, which has a owners or operators of affected new and direct effect on emissions reductions, as existing welding operations to minimize There are continuous requirements for follows: or reduce welding fume by all affected processes in metal • Spray gun equipment selection, set implementing the following 11 fabrication and finishing sources. There up, and operation, including measuring management and pollution prevention are also additional continuous paint viscosity, selecting the proper practices to be used as practicable: compliance requirements for specific fluid tip or nozzle, and achieving the (a) Use low fume welding processes processes or groups of processes, as proper spray pattern, air pressure and whenever possible. These welding follows: Visual emissions testing for dry volume, and fluid delivery rate. processes include but are not limited to: abrasive blasting, machining, and dry • Spray technique for different types GMAW—also called MIG; GTAW—also grinding and dry polishing with of paints to improve transfer efficiency called TIG; PAW; SAW; and all welding machines; tests for VOHAP content of and minimize paint usage and processes that do not use a consumable paints in spray painting; tests for spray overspray, including maintaining the electrode; painting for MFHAP control; and visual correct spray gun distance and angle to (b) Use shielding gases, as appropriate emissions testing for welding. These the part, using proper banding and to the type of welding used; requirements are discussed below in overlap, and reducing lead and lag (c) Use an inert carrier gas, such as more detail. spraying at the beginning and end of argon, as practicable to the type of 1. Continuous Compliance each stroke. welding used; Requirements for All Sources • Routine spray booth and filter (d) Use low or no-HAP welding maintenance, including filter selection materials and substrates; This proposed rule would require and installation. (e) Operate with a welding angle close owners or operators of all affected new For the purposes of the proposed to 90°; and existing sources to demonstrate training requirements, the facility owner (f) Optimize electrode diameter; continuous compliance by adhering to or operator may certify that their (g) Operate with lower voltage and the management and pollution employees have completed training current; prevention practices specified in this during ‘‘in-house’’ training programs. (h) Use low fume wires, as proposed rule and maintaining the Also, facilities that can show by appropriate to the type of welding used; appropriate records to document this documentation or certification that a (i) Optimize shield gas flow rate, as compliance. painter’s work experience and/or applicable to the type of welding used; Owners or operators that comply with training has resulted in training (j) Use low or optimized torch speed; this proposed rule by operating capture equivalent to the proposed training and and control systems would be required described above would not be required (k) Use pulsed-current power to operate and maintain each capture to provide the initial training required supplies, as applicable to the type of system and control device according to for these painters. welding used. the manufacturer’s specifications. They Spray painters have 180 days to As a compliance alternative to the also would be required to maintain complete training after hiring or management practices for welding records to document conformance with transferring into a surface painting job processes, facilities may use control this requirement, and to keep the from another job in the facility. These systems that reduce at least 85 percent manufacturer’s instruction manual proposed training requirements do not of the welding fume, as a surrogate for available at the facility at all times. apply to the students of an accredited MFHAP, with operation of the capture surface painting training program who and control devices according to the 2. Visual Emissions Testing for Dry are under the direct supervision of an manufacturer’s instructions. Abrasive Blasting, Machining, and Dry instructor who meets the requirements Grinding and Dry Polishing With of this paragraph. The training and E. What are the initial compliance Machines, To Determine Continuous certification for this proposed rule requirements? Compliance would be valid for a period not to To demonstrate initial compliance Visible Emissions Testing. For new exceed 5 years after the date the training with this proposed rule, owners or and existing affected sources of dry is completed. operators of affected new and existing abrasive blasting operations (except dry Spray Gun Cleaning Requirements. sources with dry abrasive blasting, abrasive blasting in completely enclosed This proposed rule would require all machining, dry grinding and dry and unvented blast chambers), paint spray gun cleaning operations at polishing with machines, spray machining operations, and dry grinding affected new and existing facilities to painting, and welding operations would and dry polishing with machines, this use an atomized mist or spray such that certify that they have implemented all proposed rule would require visible the gun cleaning solvent and paint required management and pollution emissions testing to demonstrate residue is not created outside of the prevention practices. continuous compliance with container that collects the used gun In addition, owners or operators of management and pollution prevention cleaning solvent. Spray gun cleaning new and existing affected sources with practices intended to reduce emissions may be done, for example, by hand spray painting operations that have the of PM, as a surrogate for MFHAP. cleaning of parts of the disassembled potential to emit VOHAP or MFHAP The affected sources would perform gun in a container of solvent, by would also certify that they are in visual determinations of fugitive
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emissions, according to the graduated the need for an additional compliance incorporation by reference in schedule described below, using EPA option are in error. accordance with 5 U.S.C. 552(a) and 1 Method 22 (40 CFR part 60, appendix A) Option 1: Compliance via Paint CFR part 51. You may obtain a copy of for a period of 15 continuous minutes VOHAP Content Limit. In this option, these standards from ASTM at http:// from the exhaust from either the stack the facility determines the VOHAP www.astm.org or ASTM International, to the control device or the stack from content of their paints and the volume 100 Barr Harbor Drive, P.O. Box C700, the building where the equipment is fraction of paint solids in the paints to West Conshohocken, PA 19428–2959 located, as applicable. For the purpose compare to the limit of 3.0 pounds U.S.A. You may inspect a copy at the of this proposed rule, the presence of VOHAP per gallon paint solids (0.36 kg/ National Archives and Records visible emissions would be noted if any liter) on an annual (12-month) rolling Administration (NARA). For emissions are observed for more than a average basis. information on the availability of this total of 6 minutes during the 15-minute Facilities may rely on manufacturer’s material at NARA, call 202–741–6030, period. In case of failure in any Method formulation data for determining the or go to: http://www.archives.gov/ 22 test, immediate correction action VOHAP content of their paints and the federal_register/code_of_federal_ would be required to follow to reduce volume fraction of paint solids; tests or regulations/ibr_locations.html. or eliminate the visible emissions. The analysis of the materials would not be Option 2: Compliance via a Weighted- affected source would then be required required if formulation data are Average Paint VOHAP Content Limit. to perform more frequent visible available. Alternatively, results from the This option would allow a emissions testing, as described in the following test methods may be used. demonstration of compliance based on graduated schedule below. For determining the VOHAP content the VOHAP contained in the mix of Graduated Testing Schedule. The of paints, Method 311 of 40 CFR part 63, paints used. This option offers facilities graduated schedule for continuous appendix A may be used. Nonaqueous the flexibility to use some individual compliance with visible emissions volatile matter, excluding water (i.e., paints that do not by themselves meet testing for this rule, which progresses VOC) may also be used as a surrogate for the paint VOHAP limit, if they also use from daily to weekly to monthly testing, VOHAP, since VOC includes all VOHAP low-HAP or non-HAP paints such that is as follows. as well as any additional organic overall weighted average VOHAP Affected sources would be required to compounds present in the paint. To content of all paints used over a 12- be tested daily for visible emissions determine VOC content of the paints, month period meets the VOHAP limit. with Method 22 for 10 consecutive days facilities may use manufacturer’s Facilities would likely need to use this that the source is in operation. If visible formulation data or Method 24 of 40 option if they use HAP-containing emissions are not observed during these CFR part 60, appendix A. For thinners and/or other additives in 10 days, the affected source can be determining the average density of addition to paints, since these additives tested once every 5 consecutive days volatile matter in the paint, facilities usually have high VOHAP contents. (weekly) that the source is in operation. may use American Society of Testing Equations are provided in this proposed If no visible emissions are observed and Materials (ASTM) Method D1475– rule to demonstrate how to perform the during these 4 consecutive weekly 98, ‘‘Standard Test Method for Density calculations to demonstrate compliance. Method 22 tests, the affected source can of Liquid Coatings, Inks, and Related Facilities would track the mass of be tested once per consecutive 21 days Products’’ (incorporated by reference, VOHAP in each paint and the amount (month) of operation. If any visible see § 63.14 of subpart A of this part). of paint used in affected sources each emissions are observed during the The Director of the Federal Register month of the compliance period. This weekly and monthly testing, the affected approves this incorporation by reference information would then be used to source would resume visible emissions in accordance with 5 U.S.C. 552(a) and determine the total mass of VOHAP in testing in the more frequent schedule, 1 CFR part 51. You may obtain a copy all paints along with the total volume of i.e., weekly visible emissions testing is of these standards from ASTM at paint solids used during the compliance increased to daily, and monthly testing http://www.astm.org or ASTM period by adding together all the is increased to weekly. International, 100 Barr Harbor Drive, monthly values for mass of VOHAP and P.O. Box C700, West Conshohocken, PA the monthly values for volume of paint 3. Tests for VOHAP Content of Paints in 19428–2959 U.S.A. You may inspect a solids used, for the 12 months of the Spray Painting To Determine copy at the National Archives and initial compliance period. Facilities may Continuous Compliance Records Administration (NARA). For subtract from the total mass of VOHAP For owners and operators of new and information on the availability of this the amount contained in waste materials existing affected spray painting material at NARA, call 202–741–6030, sent to a hazardous waste treatment, operations, this proposed rule would or go to: http://www.archives.gov/ storage, and disposal facility regulated allow two options for demonstrating federal_register/ under 40 CFR part 262, 264, 265, or 266, compliance with the limitation on the code_of_federal_regulations/ ‘‘Hazardous Waste.’’ mass of VOHAP contained in their ibr_locations.html. Facilities would be required to paints: (1) Compliance via paint VOHAP For determining the volume fraction calculate their overall weighted-average content limit, and (2) compliance via a of paint solids, facilities may use: (1) VOHAP paint content (in pound or weighted-average paint VOHAP content ASTM Method D2697–03, ‘‘Standard kilogram VOHAP emitted per gallon or limit. Both of these options are Test Method for Volume Nonvolatile liter paint solids used) and show that pollution prevention strategies. Matter in Clear or Pigmented Coatings;’’ this rate meets the VOHAP limit. Since we do not have knowledge of or (2) ASTM Method D6093–97 Facilities may use readily available any facilities using other control (Reapproved 2003), ‘‘Standard Test purchase records and manufacturer approaches to control VOHAP Method for Percent Volume Nonvolatile formulation data to determine the emissions, we have not included any Matter in Clear or Pigmented Coatings amount of each paint used and the other on control options in this Using a Helium Gas Pycnometer’’ VOHAP in each material. proposed rule. We are specifically (incorporated by reference, see § 63.14 In summary, if a facility chooses to requesting comments on this part of the of subpart A of this part). The Director demonstrate compliance using Option 2, proposed rule if our assumptions about of the Federal Register approves this Compliance via a Weighted Average
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Paint VOHAP Content Limit, they and certify that surface preparation intervals of opacity observation is would be required to determine all the stations or spray booths are fitted with determined, producing a total of 360 parameters listed below for their paints. fiberglass or polyester fiber filters or seconds or 6 minutes of opacity Either manufacturer’s formulation data other comparable filter technology that observation or 6-minute average opacity. or analysis of the materials by approved can be demonstrated to achieve at least If in the second tier tests using test methods would be allowable 98 percent control efficiency of the Method 9 the average of the 6-minute options for determining these values. MFHAP in the paint. opacities is determined to be 20 percent • Quantity of each paint, thinner and/ or less, implementation of Method 9 5. Visual Emissions Testing for Welding or other additive used, from records. testing would be required with a • Mass of VOHAP in each paint, To Determine Continuous Compliance graduated schedule of reduced thinner, and other additives, from For new and existing affected sources frequency like that used for the Method manufacturer’s data or tests. with welding operations, this proposed 22 tests, described above in section • Volume fraction of paint solids for rule would require visible emissions (F)(2), from daily to weekly to monthly each paint, from manufacturer’s data or testing from a vent, stack, exit, or for consecutive successful tests. If tests. opening from the building containing opacity continues to be less than 20 • Total mass of VOHAP in all the welding metal fabrication and percent and, pursuant to the graduated materials and total volume of paint finishing operations to demonstrate schedule the Method 9 testing for the solids used each month, by calculation. continuous compliance with welding processes is able to be reduced • Total mass of VOHAP emissions management practices or add-on to once a month, the facility would have and total volume of paint solids used for controls intended to control PM the choice of switching back to the initial compliance period, by emissions, as a surrogate for MFHAP. performing Method 22 tests on a calculation. This testing has a three-tier compliance monthly basis. Alternatively, the facility • Ratio of the total mass of VOHAP structure. could choose to continue performing emitted to the total volume of paint Tier 1. The first tier for welding monthly Method 9 tests. solids used for the initial compliance compliance would require visual If the average of the 6-minute period, by calculation. determinations of fugitive emissions opacities is determined to be more than With this option, facilities would using EPA Method 22, and allows the 20 percent in the Method 9 tests in the need to record these calculations and same graduated testing schedule second tier, the third tier of welding results, and include them in the described above in section (F)(2) for dry compliance requirements would be Notification of Compliance Status. EPA abrasive blasting, dry grinding and dry required, as described below. notes that the VOHAP composition of polishing with machines, and Tier 3. The third tier for welding coatings subject to this proposed rule is machining, which includes provisions compliance would include the ‘‘emissions data’’ under section 114 of for reducing the frequency of the development and implementation of a the CAA, and EPA’s regulatory Method 22 tests when no visible Site-specific Welding Emissions definition of such term in 40 CFR part emissions are observed in consecutive Management Plan (SWMP) within 30 2, because the information is necessary time periods of operation. If no visible days, and submittal of the SWMP to the to determine compliance with emissions are found, no corrective delegated authority. The SWMP would applicable limits. As such, this action would be required. be required to be kept at the facility in information must be available to the If visible emissions are present during a readily accessed location for inspector public regardless of whether EPA any Method 22 test, immediate review. Also, the facility would be obtains the information through a corrective action would be required that required to report any exceedence of the reporting requirement or through a includes inspection of all fume sources 20 percent opacity annually along with specific request to the regulated entity. and control methods in operation, and their annual compliance report. Therefore, such information is not documentation of the visual emissions The purpose of the SWMP is to ensure eligible for treatment as ‘‘confidential test results. The graduated schedule also that no visible emissions occur in the business information.’’ would require the affected source to future from this process, as determined resume visible emissions testing in the by EPA Method 22 tests or less than 20 4. Tests for Spray Painting for MFHAP previous, more frequent schedule, i.e., percent opacity by EPA Method 9. Control To Determine Continuous weekly visible emissions testing is Application of the SWMP may involve Compliance increased to daily, and monthly testing implementation of additional Affected new and existing facilities is increased to weekly. management and pollution prevention that perform spray painting would need Tier 2. The second tier for welding practices, as described above under to ensure and certify that: (1) All new compliance would be implemented if Welding Controls, beyond those already and existing personnel, including visible emissions are detected for the in place at the facility or the use of contract personnel, who spray-apply second time in any consecutive twelve- capture equipment and add-on control surface paints with MFHAP are trained month period. The second tier would devices. During the development of the in the proper application of surface require corrective action and SWMP, daily Method 9 tests would be paints; (2) all spray-applied paints with documentation of the detection of required to continue to be performed, MFHAP are applied with a HVLP spray visible emissions and the corrective according to the graduated schedule. gun, electrostatic application, airless action taken. Corrective action would be The SWMP would be required to be spray gun, or equivalent; (3) emissions required to take place immediately after updated after any failures to meet 20 of MFHAP are minimized during the failed Method 22 test. In addition, percent or less opacity as determined by mixing, storage, and transfer of paints; the second tier for welding compliance Method 9. If opacity continues to be less and (4) paint and solvent lids are kept would require a facility to perform a than 20 percent and Method 9 testing of tightly closed when not in use. visual determination of emissions the welding processes at the facility falls In addition, for spray painting objects opacity using EPA Method 9 (40 CFR to once a month, according to the less than 15 feet in any dimension, part 60, appendix A) within 24 hours of graduated testing schedule, the facility owners or operators of affected the failed Method 22 test. In EPA would have a choice of changing to processes would also need to ensure Method 9, the average of 24 15-second monthly Method 22 tests or remaining
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with monthly Method 9, as above. The IV. Rationale for This Proposed Rule categories. We subsequently discovered that the 1990 emissions data for TCE SWMP would be updated annually and A. How did we select the source was for metal fabrication and finishing would include revisions to reflect any category? changes in welding operations or facilities that used TCE in degreasing controls at the facility. The nine metal fabrication and operations, which are not part of this finishing source categories were listed The SWMP is estimated to require up source category. Rather, these emission as area source categories on November units at both major and area sources are to 16 hours to prepare initially. We are 22, 2002 (67 FR 70427). The inclusion subject to standards for halogenated proposing that the SWMP would of these source categories on the area solvent cleaning under 40 CFR part 63, address the following: The type(s) of source category list was based on data subpart T. Consequently, we are not welding operation(s) currently used at from the CAA section 112(k) inventory, proposing standards for TCE from metal the facility; the measures used to which represents 1990 urban air fabrication and finishing facilities. The minimize welding fume at each of type information. Those data indicated that four metal fabrication and finishing of welding operation or each welding metal fabrication and finishing plants source categories listed for TCE station; and procedures used by the were contributors to MFHAP emissions emissions remain listed source facility to ensure that these measures are in urban areas. categories pursuant to section 112(c)(3) being implemented. No outside For these source categories, we of this part, and this proposed rule consultants or professional engineer performed site visits and written facility establishes standards for emissions of certification is required or necessary to surveys, reviewed published literature, MFHAP and VOHAP. Therefore, we are prepare the SWMP. reviewed information from Web sites of clarifying that we do not need these four vendors of air pollution control devices, source categories to meet the section G. What are the notification, and held discussions with trade 112(c)(3) 90 percent requirement recordkeeping, and reporting organizations and industry experts. regarding area source emissions of TCE. requirements? From this research we found that the nine source categories perform the same We also found that some metal The affected new and existing sources HAP-emitting processes, and, if the fabrication and finishing facilities also would be required to comply with some process was present, the emissions were perform plating. All chromium requirements of the General Provisions controlled in the same way. electroplating tanks are already subject (40 CFR part 63, subpart A), which are Consequently, we decided to issue to the Chromium Electroplating identified in Table 3 of this proposed regulations for these nine metal NESHAP (40 CFR part 63, subpart N), rule. Each facility would be required to fabrication and finishing area source while other plating operations at area submit an Initial Notification and a categories in one rulemaking action. sources are subject to the Plating and Notification of Compliance Status Polishing Area Source Rule (40 CFR part according to the requirements in 40 CFR B. How did we select the affected 63, subpart WWWWWW). Therefore, 63.9 in the General Provisions. The sources? these sources would not be affected affected source would be required to We found in on our research sources under this proposed rule for prepare an annual compliance status described above in section IV(A) that metal fabrication and finishing area report and keep this report in a readily potential sources of HAP emissions sources. available location for inspector review. from the nine metal fabrication and C. How did we determine the regulated If there are any exceedences during the finishing source categories include the processes? year, the facility would submit this following five general metal fabrication annual compliance report with any and finishing operations: (1) Dry We found in our research for this exceedence reports prepared during the abrasive blasting; (2) machining; (3) dry proposed rule that there are five general year. The exceedence reports would grinding and dry polishing with production operations common to the describe the circumstance of the machines; (4) spray painting; and (5) nine metal fabrication and finishing exceedence and the corrective action welding. We found that MFHAP are source categories that can emit MFHAP: taken. We specifically request comment used in and have the potential to be (1) Dry abrasive blasting; (2) dry on this proposed requirement for annual emitted from these operations. grinding and dry polishing with compliance report preparation and Therefore, we selected the facilities with machines; (3) machining; (4) spray exceedence report submission. these processes in the source categories painting; and (5) welding. As part of our as the affected sources for this proposed analyses, we considered whether there Facilities also would be required to rule. Because the MFHAP may be were differences in the operations, the maintain all records that demonstrate emitted as fugitives, we have elected to products fabricated or finished, or other initial and continuous compliance with define the affected sources as the factors affecting emissions that would this proposed rule, including records of collection of all equipment and warrant different control strategies. all required notifications and reports, activities necessary to perform dry Under section 112(d)(1) of the CAA, with supporting documentation; records abrasive blasting, machining, dry EPA ‘‘may distinguish among classes, showing compliance with management grinding and dry polishing with types, and sizes within a source and pollution prevention practices. machines, spray painting, and welding. category or subcategory in establishing Owners and operators would also Four of the metal fabrication and such standards * * *’’ maintain records of the following, if finishing source categories were also We observed significant differences in applicable: Date and results of all visual listed for emissions of the organic HAP processes for two of the five metal 4 determinations of fugitive emissions, TCE. Chlorinated solvents such as TCE fabrication and finishing operations: Dry including any follow-up tests and are used as degreasers in these metal abrasive blasting and painting. corrective actions taken; date and fabrication and finishing source Considering these differences in the results of all visual determinations of processes, we identified nine distinct 4 emissions opacity, and corrective These four source categories were Electrical and metal fabrication and finishing Electronic Equipment Finishing Operations; actions taken; and a copy of the SWMP, Fabricated Metal Products; Primary Metal Products processes for the purposes of this if it is required. Manufacturing; and Valves and Pipe Fittings. proposed rule. A discussion of how we
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identified these nine processes follows abrasive blasting of objects greater than that would apply to all spray painting below. 8 feet in any dimension; (2) dry abrasive operations. Since this standard is a blasting of objects less than or equal to pollution prevention technique that 1. Dry Abrasive Blasting Regulated 8 feet in any dimension, performed in restricts the types of coatings used in Processes completely enclosed and unvented blast spray painting, it does not differentiate Some dry abrasive blasting operations chambers; and (3) dry abrasive blasting the size of the product being painted. for small parts with low-throughput are of objects less than or equal to 8 feet in performed in completely enclosed units any dimension, performed in vented 3. Other Regulated Processes commonly called ‘‘glove boxes,’’ which enclosures. For dry grinding and dry polishing have no air outlet or ventilation and, with machines; machining; and welding hence, no emissions when designed and 2. Spray Painting Regulated Processes we did not observe any distinct operated properly. These sources are Most spray painting performed at differences that would warrant distinctly different from larger metal fabrication and finishing area differentiating the operations into operations which are not completely sources is performed in enclosed spray separate processes. Therefore, these enclosed because of the limitations of paint booths, which are typically three operations are included as their size. equipped with filters for PM control, individual regulated processes in this Most dry abrasive blasting of larger where PM is a surrogate for MFHAP. proposed rule. objects and/or large throughput Because of the impracticality of operations performed at metal enclosing large objects in booths, similar 4. The Nine Regulated Processes in the fabrication and finishing area sources is to the discussion above for dry abrasive Metal Fabrication and Finishing Source performed in enclosed spaces, which blasting, we found that it is common Categories are typically equipped with cartridge practice in the industry for these In the above section IV(C)(1), we filters or other control devices on the air sources to spray paint large objects discussed how we divided dry abrasive exhaust. However, it is not always outside or in 2- or 3-sided buildings. We blasting operations into three processes practical to completely enclose dry found that the size of objects typically for the purposes of this proposed rule. abrasive blasting of very large objects spray painted outside are approximately In the above section IV(C)(2), we (e.g., oil derricks) because of the size 15 feet in any one dimension. discussed how we divided painting and subsequent cost of the enclosure Therefore, we determined that there operations into three processes for and also difficulty maneuvering the were two distinct sizes of products regulation. The remaining three object into the enclosure. The being painted that affected the manner operations were not further divided, as impracticality of this effort is in which the process was performed: (1) discussed above in section (C)(3). The particularly evident when the operation Products more than 15 feet in any result of these analyses is that we have is only performed intermittently. dimension; and (2) products equal to or identified the following nine metal Consequently, dry abrasive blasting of less than 15 feet in any dimension. fabrication and finishing processes for very large objects is sometimes Therefore, we developed two distinct this proposed rule: performed outdoors or in 2- or 3-sided spray painting processes for MFHAP (1) Dry abrasive blasting objects less buildings that are open on one or more control: (1) Spray painting of objects than or equal to 8 feet in any dimension, sides to allow the large articles to be less than or equal to 15 feet in any performed in completely enclosed and easily moved into the blasting zone by dimension; and (2) spray painting of unvented blast chambers; heavy equipment or cranes. objects greater than 15 feet in any (2) Dry abrasive blasting of objects We found State regulations that allow dimension. less than or equal to 8 feet in any outdoor dry abrasive blasting operations It should be noted that the object size dimension, performed in vented for objects over 8 feet in any one cut-off for the spray painting processes enclosures; dimension. We also found through our is more stringent than the one selected (3) Dry abrasive blasting of objects industry surveys that these very large for dry abrasive blasting in that objects greater than 8 feet in any dimension; objects were blasted outdoors. We also between 8 and 15 feet in dimension are (4) Dry grinding and dry polishing learned that facilities are motivated to enclosed for spray painting but not for with machines; enclose dry abrasive blasting operations blasting. This difference occurs because (5) Machining; whenever possible because of the the MFHAP overspray from (6) Control of VOHAP from spray potential cost savings from recovering uncontrolled spray painting is higher, painting; the blast material which lowers blast more hazardous, and more of a nuisance (7) Control of MFHAP in spray material usage and also costs, so that (i.e., more odor, clean-up, etc.) than the painting of objects less than or equal to outside blasting is only performed when inert PM and low level of MFHAP 15 feet in any dimension; necessary because of the size of the emitted from dry abrasive blasting. (8) Control of MFHAP in spray parts or products. Therefore, painting spray booths need to painting of objects greater than 15 feet Consequently, we determined for the be sealed better, whereas in dry abrasive in any dimension; and purposes of this proposed rule that there blasting the structures can be partially (9) Welding. were two distinct sizes of products enclosed. being blasted that affected the manner We also determined that there was the D. How was GACT determined? in which the process was performed: potential for significant VOHAP We are proposing nine standards Products more than 8 feet in any emissions from painting that are not representing GACT for the metal dimension, and products less than or controlled by the PM capture and fabrication and finishing source equal to 8 feet. For products less than control equipment described above. We categories, as provided in CAA section or equal to 8 feet, we also observed that also observed that for the purposes of 112(d)(5). The information used to some of these products were blasted in controlling VOHAP, it was not determine the proposed GACT is completely enclosed chambers that did necessary to distinguish between sizes derived from site visits and written not allow any air or emissions to escape. of the objects painted. Therefore, we are facility surveys, published literature, Therefore, we developed three distinct proposing one standard for control of information from websites of vendors of dry abrasive blasting processes: (1) Dry VOHAP emissions from spray painting air pollution control devices, and
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discussions with trade organizations outdoors for objects over 8 feet in any GACT for this process is an equipment and industry experts. We found that the one dimension. Therefore, we standard of enclosures and filtration MFHAP emissions from the nine metal concluded that this is a separate process that captures and collects the PM fabrication and finishing source different from the indoor blasting which emitted, as a surrogate for MFHAP. We categories are already well controlled by was described above. are also proposing management the industry, where MFHAP is Consequently, we developed three practices as GACT that are standard controlled as PM, a surrogate for distinct processes for dry abrasive industry practice or ‘‘good MFHAP. The facilities were motivated blasting operations the purposes of this housekeeping’’ for in and around dusty to control these MFHAP emissions to proposed rule, as follows: (1) Dry processes, as follows: (1) Keep work improve health and safety of the abrasive blasting objects less than or areas free of excess dust by regular worker’s environment and to save raw equal to 8 feet in any dimension, sweeping or vacuuming to control the material use. performed in completely enclosed and accumulation of dust and other We evaluated the control technologies unvented blast chambers; (2) dry particles; regular sweeping or and management practices that are abrasive blasting of objects less than or vacuuming is defined to be sweeping or current industry practice for the nine equal to 8 feet in any dimension, vacuuming conducted once per day, metal fabrication and finishing area performed in vented enclosures; and (3) once per shift, or once per operation as source categories. See Section II(C)(3) dry abrasive blasting of objects greater needed, depending on the severity of above, ‘‘Metal Fabrication and Finishing than 8 feet in any dimension. The dust generation; (2) enclose dusty HAP Emission Controls,’’ for a following is a discussion of how we material storage areas and holding bins, discussion of the controls used in the developed GACT for these three seal chutes and conveyors; and (3) metal fabrication and finishing source processes. operate all equipment according to categories. We also evaluated the a. Dry Abrasive Blasting Objects Less manufacturer’s instructions. control technologies used in similar Than or Equal to 8 Feet in Any c. Dry Abrasive Blasting of Objects industries. We did not identify any Dimension, Performed in Completely Greater Than 8 Feet in any Dimension. major sources of MFHAP in these nine Enclosed and Unvented Chambers. We We found that it is standard industry source categories. found that it is standard industry practice to perform outdoor blasting of We also considered costs and practice to use total enclosures with no large objects that cannot fit easily inside economic impacts in determining exhaust for some dry abrasive blasting an enclosure. We also found that many GACT. We believe the consideration of operations of objects less than or equal State laws allow dry abrasive blasting costs and economic impacts is to 8 feet. Therefore, we are proposing outdoors if performed on objects larger especially important for metal that GACT for this dry abrasive blasting than 8 feet in any one dimension. It is fabrication and finishing sources process is management practices not standard practice in metal because requiring additional controls because controls in the form of total fabrication and finishing facilities to would result in only marginal enclosures are already a part of the enclose these processes and would be a reductions in emissions at very high process equipment and do not allow significant cost to the facility to do so costs for a modest incremental PM, as a surrogate for MFHAP, to be because of the large size of the objects, improvement in MFHAP control, and emitted during blasting. These two at approximately $110 million per ton of because more than 90 percent of metal management practices are as follows: (1) MFHAP removed. fabrication and finishing facilities are Minimize dust generation during Because of the burden an enclosure small businesses. emptying of the enclosure; and (2) requirement would entail for facilities Since we have concluded that the operate all equipment used in the that perform abrasive blasting of large industry was already well-controlled, blasting operation according to objects, we propose the GACT we have developed GACT requirements manufacturer’s instructions. These requirement for objects greater than 8 to insure that these gains in emission management practices are standard feet in any dimension, where the control from the 1990 levels are industry practice for ‘‘good blasting is performed outdoors, to be continued. We explain below in detail housekeeping’’ in and around dusty management practices that minimize our proposed GACT determinations. processes, and are applicable when the MFHAP emissions, as follows: (1) Do chambers are opened for cleaning after not perform blasting outside when wind 1. GACT for Dry Abrasive Blasting blasting is competed. velocity is greater than 25 mph; (2) Dry abrasive blasting generates much b. Dry Abrasive Blasting of Objects switch from high PM-emitting blast PM and to a lesser degree MFHAP from Less than or Equal to 8 Feet in any media (e.g., sand) to low PM-emitting substrate material, and any dirt and Dimension, Performed in Vented blast media (e.g., steel shot, aluminum paint if the substrate was previously Enclosures. We found that it is standard oxide), whenever practicable; (3) do not used. We found that it is standard industry practice to control some indoor blast substrates having coatings industry practice to control indoor blasting operations of objects less than containing lead (>0.1 percent lead), blasting by either a total enclosure with or equal to 8 feet by using an enclosure unless enclosures, barriers, or other PM no exhaust or a total enclosure exhausted to PM filtration devices, control methods are used to collect the exhausted to PM filtration devices where PM is controlled as a surrogate lead particles; (4) do not re-use the blast where PM is controlled as a surrogate for MFHAP. Since these dry abrasive media unless contaminants (i.e., any for MFHAP. Facilities in the industry blasting operations are enclosed, material other than the base metal, such have enclosed these processes due to capturing and filtering the exhaust as paint residue) have been removed by the significant cost savings that results enables recycling of the blast material, filtration or screening so that the dry from the ability to recycle the used blast which is a cost savings to the facility abrasive material conforms to its material. and standard industry practice. We original size and makeup; (5) keep work We also found that it is standard learned from the facilities in the areas free of excess dust by regular industry practice to perform blasting of industry that the indoor workplace sweeping or vacuuming to control the large objects outdoors since they cannot would not be tolerable without the accumulation of dust and other fit easily inside enclosures. Many State blasting controls that we are proposing particles; regular sweeping or laws allow dry abrasive blasting as GACT. Therefore, we propose that vacuuming is defined to be sweeping or
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vacuuming conducted once per day, equipment used in machining painting at affected new and existing once per shift, or once per operation as operations according to manufacturer’s facilities to be trained, with certification needed, depending on the severity of instructions. made available that this training has dust generation; (6) enclose dusty occurred. For the purposes of the 4. GACT for Spray Painting To Control material storage areas and holding bins, proposed training requirements, the MFHAP seal chutes and conveyors; and (7) facility owner or operator may certify operate all equipment according to Emissions from spray painting that their employees have completed manufacturer’s instructions. include MFHAP from the paint training during ‘‘in-house’’ training pigments. Spray painting performed programs. Also, facilities that can show 2. GACT for Dry Grinding and Dry indoors at metal fabrication and by documentation or certification that a Polishing With Machines finishing area sources is required by painter’s work experience and/or We found that it is standard industry OSHA regulations to be performed in an training has resulted in training practice to capture PM emissions, as a enclosed spray paint booth. We found equivalent to the training described surrogate for MFHAP, from dry grinding that these booths are typically equipped above would not be required to provide and dry polishing with machines, by the with filters for PM control, where PM is the initial training required for these use of local exhaust, hoods, or other a surrogate for MFHAP. Because of the painters. The training would need to vacuum devices; and to collect the PM impracticality of enclosing very large address the following topics to reduce with filtration devices, such as cartridge objects in booths, we also found that it paint overspray, which has a direct filters. Facilities have reported that the is common practice in the industry to effect on emissions reductions: Spray indoor workplace would not be spray paint large objects outside or in 2- gun equipment selection, set up, and tolerable without these types of controls or 3-sided structures. We found that the operation; spray technique for different on dry grinding and dry polishing with size of objects typically spray painted types of paints to improve transfer machines. outside are approximately 15 feet in any efficiency and minimize paint usage and Therefore, we propose that GACT for one dimension. Therefore, we overspray; and routine spray booth and dry grinding and dry polishing with determined that there were two distinct filter maintenance, including filter machines would be the equipment sizes of products being painted that selection and installation. Spray standard of capture and control with affected the manner in which the painters have 180 days to complete filtration devices. We also propose process was performed: (1) Products training after hiring or transferring into management practices that are standard greater than 15 feet in any dimension, a surface painting job from another job industry procedures and common ‘‘good and (2) products less than or equal to 15 in the facility. The training and housekeeping’’ practices in and around feet in any dimension. Accordingly, we certification for this proposed rule dusty processes, as follows: (1) Keep developed GACT requirements for each would be valid for a period not to work areas free of excess dust by regular of these two processes. The following exceed 5 years after the date the training sweeping or vacuuming to control the describes our proposed GACT and the is completed. accumulation of dust and other rationale for selecting the GACT Spray Gun Cleaning Requirements— particles; regular sweeping or requirements for these two processes. We are proposing that GACT for this vacuuming is defined to be sweeping or proposed rule would require all paint a. GACT Requirements for Control of vacuuming conducted once per day, spray gun cleaning operations at MFHAP in Spray Painting Objects once per shift, or once per operation as affected new and existing facilities to Greater Than 15 Feet in Any Dimension needed, depending on the severity of use an atomized mist or spray such that dust generation; and (2) operate all The GACT requirements in this the gun cleaning solvent and paint equipment used in dry grinding and dry proposed rule would require owners or residue is not created outside of the polishing with machines according to operators of affected new and existing container that collects the used gun manufacturer’s instructions. spray painting operations to comply cleaning solvent. These gun cleaning with one equipment standard: (1) Use of 3. GACT for Machining methods include hand cleaning of parts, low-emitting and pollution preventing use of a fully enclosed spray gun The majority of the PM released by spray gun technology. The proposed washer, or a combination of these non- machining processes consists of large rule also would require two atomizing methods. Hand cleaning is particles or metal shavings that fall management practices: (1) Spray painter considered equivalent to gun washers as immediately to the floor. Any MFHAP training; and (2) spray gun cleaning. long as the painters do not atomize that is released would originate from the Spray Gun Technology cleaning solvent from the gun and the part or product being machined. We Requirements—We are proposing that spent solvent is collected in a container found that it is general industry practice GACT for this proposed rule would that is closed when not in use. to totally enclose the machining process require all affected new and existing and/or use lubricants or liquid coolants facilities using spray-applied paints to b. Rationale for GACT To Control that do not allow small particles to use HVLP spray guns, electrostatic MFHAP in Spray Painting Objects escape. Therefore, we are proposing that application, or airless spray techniques. Greater Than 15 Feet in Any Dimension GACT for machining is the following Alternatively, an equivalent technology Some facilities paint large objects two management and pollution can be used if it is demonstrated to (greater than 15 feet) in open air or 2- prevention practices: (1) Keep work achieve transfer efficiency comparable sided buildings so that the objects can areas free of excess dust by regular to one of the spray gun technologies be moved in and out with cranes and sweeping or vacuuming to control the listed above for a comparable operation, other heavy equipment. It is not accumulation of dust and other and for which written approval has been standard practice in metal fabrication particles; regular sweeping or obtained from the Administrator or and finishing facilities to enclose these vacuuming is defined to be sweeping or delegated authority. operations in booths and would be a vacuuming conducted once per day, Spray Painting Training significant cost to the facility to do so once per shift, or once per operation as Requirements—We are proposing that because of the large size of the objects, needed, depending on the severity of GACT for this proposed rule would at approximately $20 million per ton of dust generation; and (2) operate all require all workers that perform spray MFHAP removed for large spray booths.
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However, in order to minimize paint used gun cleaning solvent. These gun GACT for this proposed rule would waste and exposure of the worker to cleaning methods include hand cleaning require all workers that perform spray paint overspray, it is standard industry of parts, use of a fully enclosed spray painting at affected new and existing practice for facilities that spray paint gun washer, or a combination of these facilities to be trained, with certification large objects to use HVLP equivalent non-atomizing methods. Hand cleaning made available that this training has high transfer efficiency spray techniques is considered equivalent to gun washers occurred. The training would need to even though they are not enclosing the as long as the painters do not atomize address the following topics to reduce paint operation and filtering the exhaust cleaning solvent from the gun and the paint overspray, which has a direct air. spent solvent is collected in a container effect on emissions reductions: Spray These HVLP spray painting that is closed when not in use. Since gun equipment selection, set up, and technologies produce a 40 percent facilities that do not currently have an operation; spray technique for different decrease in paint consumption and automated gun washer can still comply types of paints to improve transfer resultant emissions compared to with the proposed standards by cleaning efficiency and minimize paint usage and conventional spray guns. Conventional guns by hand, we do not expect that overspray; and routine spray booth and high-pressure air-atomized spray guns sources would have any annualized filter maintenance, including filter have a typical transfer efficiency of capital costs or operating costs for spray selection and installation. Spray about 30 percent while HVLP and other gun cleaning. painters have 180 days to complete types of high-efficiency spraying use training after hiring or transferring into c. GACT Requirements for Control of lower air pressures and achieve a a surface painting job from another job MFHAP in Spray Painting Objects Equal transfer efficiency of about 50 percent, in the facility. For the purposes of the To or Less Than 15 Feet in Any or greater, with appropriate operator proposed training requirements, the Dimension training. The HVLP spray method we facility owner or operator may certify are proposing as GACT is a pollution This proposed rule would require that their employees have completed prevention technology that is standard affected new and existing facilities that training during ‘‘in-house’’ training industry practice and reduces the are spray painting objects less than or programs. Also, facilities that can show amount of paint sprayed. The HVLP equal to 15 feet in any dimension to by documentation or certification that a spray method reduces paint costs to the comply with two equipment standards: painter’s work experience and/or facility, reduces worker exposure to (1) Use of low-emitting and pollution training has resulted in training paint overspray, reduces clean-up preventing spray gun technology, and equivalent to the training described requirements, and also reduces MFHAP (2) use of spray booth PM filters. This above would not be required to provide emissions. proposed rule also would require two the initial training required for their Because of the burden an enclosure management practices: (1) Spray painter painters. The training and certification requirement would entail for facilities training, and (2) spray gun cleaning. for this proposed rule would be valid for that paint large objects, we propose the Spray Booth PM Control a period not to exceed 5 years after the equipment standard for GACT for these Requirement—We are proposing that date the training is completed. sources to be a requirement for HVLP GACT for this proposed rule would Spray Gun Cleaning Requirements— spray gun use. We chose the size require the surface preparation stations We are proposing that GACT for this requirement for indoor spray painting at or spray booths of affected new and proposed rule would require all paint 15 feet based on industry information. existing facilities to be fitted with spray gun cleaning operations at We specifically request comment on our fiberglass or polyester fiber filters or affected new and existing facilities to size cut-off on affected sources of this other comparable filter technology that use an atomized mist or spray such that requirement. In addition, we are can be demonstrated to achieve at least the gun cleaning solvent and paint proposing management practices as 98 percent control efficiency of paint residue is not created outside of the GACT to ensure that workers are trained overspray (also referred to as container that collects the used gun properly in the high efficiency spray ‘‘arrestance’’). As an alternative cleaning solvent. These gun cleaning painting techniques and that the spry compliance option, spray booths may be methods include hand cleaning of parts, equipment is washed in a way that equipped with a water curtain that use of a fully enclosed spray gun minimizes atomization of the paint, achieves at least 98 percent control of washer, or a combination of these non- which can cause MFHAP emissions to MFHAP. The waterspray booths would atomizing methods. Hand cleaning is occur. The HVLP training and be required to be operated and considered equivalent to gun washers as equipment cleaning procedures are maintained according to the long as the painters do not atomize common practice in this industry as manufacturer’s specifications. cleaning solvent from the gun and the well as other similar industries. To Spray Gun Technology spent solvent is collected in a container minimize the impact on small business, Requirements—We are proposing that that is closed when not in use. the facility owner or operator may GACT for this proposed rule would perform this training during ‘‘in-house’’ require all affected new and existing d. Rationale for GACT To Control training programs. Also, facilities can facilities using spray-applied paints to MFHAP in Spray Painting Objects Equal show that a painter’s work experience use HVLP spray guns, electrostatic To or Less Than 15 Feet in Any and/or training have resulted in application, or airless spray techniques. Dimension equivalent training and, therefore, Alternatively, an equivalent technology We are proposing that GACT for this would not be required to provide can be used if it is demonstrated to process includes management practices training at an external location for these achieve transfer efficiency comparable and equipment standards. Our proposed painters. to one of the spray gun technologies GACT for this process includes the use This proposed rule would require all listed above for a comparable operation, of the pollution prevention spray paint spray gun cleaning operations at and for which written approval has been painting technologies such as HVLP affected new and existing facilities to be obtained from the Administrator or spray guns or their equivalent. These performed such that the gun cleaning delegated authority. spray painting technologies produce a solvent and paint residue is not created Spray Painting Training 40 percent decrease in paint outside of the container that collects the Requirements—We are proposing that consumption and resultant emissions
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compared to conventional spray guns. use. In addition, the use of high will use paints that meet the same Conventional high-pressure air- efficiency spray paint techniques VOHAP level as the current industry atomized spray guns have a typical reduces the amount of time the worker practice. We specifically request transfer efficiency of about 30 percent spends in painting, allowing the facility comment on the appropriateness of this while HVLP and other types of high- to use the worker for other operations or part of GACT for metal fabrication and efficiency spraying use lower air training, and thereby reducing labor finishing sources. pressures and achieve a transfer costs. The proposed GACT would require efficiency of about 50 percent, or This proposed rule would require all owners or operators of spray painting greater, with appropriate operator paint spray gun cleaning operations at operations from affected sources that training. affected new and existing facilities to be have the potential to emit VOHAP to The HVLP spray method we are performed such that the gun cleaning use paints containing no more than 3.0 proposing as GACT is a pollution solvent and paint residue is not created pounds VOHAP per gallon paint solids prevention technology that is standard outside of the container that collects the (0.36 kg/liter) on an annual (12-month) industry practice in this industry as used gun cleaning solvent. These gun rolling average basis. We are proposing well as other similar industries, and cleaning methods include hand cleaning two methods of complying with this reduces the amount of paint sprayed. of parts, use of a fully enclosed spray GACT standard. One option would The HVLP spray method reduces paint gun washer, or a combination of these require that all paints are demonstrated costs to the facility, reduces worker non-atomizing methods. Hand cleaning as meeting the VOHAP limit. The exposure to paint overspray, reduces is considered equivalent to gun washers second option would require facilities to clean-up requirements, and also reduces as long as the painters do not atomize meet the VOHAP limit using a 12-month MFHAP emissions. cleaning solvent from the gun and the rolling weighted average. In this second In addition, we are proposing spent solvent is collected in a container option, some paints can be above the management practices as GACT to that is closed when not in use. Since VOHAP limit as long as their use is ensure that workers are trained properly facilities that do not currently have an balanced by other paints that are below in the high efficiency spray painting automated gun washer can still comply the limit, such that the overall weighted techniques and that the spray with the proposed standards by cleaning average of all paints and their VOHAP equipment is washed in a way that guns by hand, we do not expect that content is calculated to be at or below minimizes atomization of the paint, sources would have any annualized the VOHAP limit that would be required which can cause MFHAP emissions to capital costs or operating costs for spray by this proposed rule. occur. The HVLP training and gun cleaning. The proposed GACT would also equipment cleaning procedures are require owners or operators of new and common practice in this industry as 5. GACT for Control of VOHAP existing spray painting operations that well as other similar industries. To Emissions From Spray Painting have the potential to emit VOHAP to minimize the impact on small business, We are proposing to set GACT for comply with the following two the facility owner or operator may VOHAP emissions from spray painting management and pollution prevention perform this training during ‘‘in-house’’ because the CAA, in § 112(k)(3)(C), practices: (1) Minimize VOHAP training programs. Also, facilities can provides us with the discretion to emissions during mixing, storage, and show that a painter’s work experience regulate these HAP in order to reduce transfer of paints; and (2) keep paint and and/or training have resulted in the public health risk posed by the solvent lids tightly closed when not in equivalent training and, therefore, release of any HAP. We found that use. would not be required to provide VOHAP emissions from painting were 6. GACT for Welding training at an external location for their over 60 percent of the total HAP painters. emissions from the metal fabrication Welding generates a small particle We also propose that GACT for spray and finishing area source categories in size metal fume (<5 µm) that is visible painting objects less than or equal to 15 the 2002 EPA NEI and were over 30 to the human eye at high enough feet is the use of a spray booth equipped times the MFHAP level. We also found concentrations and which contains with a high efficiency PM filter that that some facilities currently have State MFHAP. Because of recent OSHA removes MFHAP. OSHA already permits that allow them to emit high rulings to reduce the worker exposure to requires that all indoor spray painting levels of VOHAP from their metal hexavalent chromium, a common be performed in an enclosed booth or fabrication and finishing painting component of most welding fumes, room, with the exhaust vented through processes, although their actual facilities may consider ventilating their a filter. Therefore, upgrade of a spray emissions have historically been at welding processes areas beyond the booth to include a PM filter to control lower levels. In this regard, we believe previous levels so that the welding MFHAP is only a small change to the that in the time since data were exhaust goes quickly and directly into current process. The PM filters that collected for the 2002 NEI, most the environment. Previous to the 2006 remove MFHAP also are available at no facilities have begun to use low-VOC OSHA rule and at a lower ventilation significant additional cost. Based on our and low-VOHAP paints that were rate, a large portion of the welding research, we estimate that only 20 developed as a result of a shift in market fumes would have collided with percent of the current facilities that do demand due to the recent paint and equipment and interior walls and would spray painting are expected to require a coating rules for other sources. not have been exhausted outside. change in their filter type to be able to Therefore, we are proposing a spray The amount of MFHAP emissions control MFHAP and meet the proposed painting VOHAP content limit of 3.0 from welding is dependent on a variety GACT. The costs of the MFHAP filters pound VOHAP per gallon painting of factors including welding techniques, as well as the costs of high efficiency solids as GACT, based on information amount of welding performed, and type spray equipment and training are received from the industry in the 2006 of metal in the product being welded. In estimated to be offset by the reduced EPA survey and data acquired in our research we found that welding paint costs attributed to the use of high previously promulgated EPA rules for operations at any one facility vary from efficiency spray equipment, for those other similar industries. A VOHAP limit day to day, and from product to facilities where HVLP is not already in will also ensure that any new sources product. We also found that a change
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from one type of welding process to The following are the management performed in a graduated schedule, another is not always technically practices we are proposing as GACT for from daily to weekly to monthly, to possible for this industry as well as welding processes in the metal determine whether or not the process is other similar industries. This is fabrication and finishing industries: in compliance for five of the nine demonstrated by the fact that even at an (a) Use low fume welding processes standards described above: Two of the individual facility, different types of whenever practicable. These welding three process types of dry abrasive welding and fume control strategies are processes include but are not limited to: blasting (not to include dry abrasive in use. Thus, there is no one single GMAW—also called MIG; GTAW—also blasting of objects less than or equal to method that is generally used to reduce called TIG; PAW; SAW; and all welding 8 feet in completely enclosed welding fumes in this industry or other processes that do not use a consumable chambers), machining, and dry grinding electrode. similar industries. and dry polishing with machines, and (b) Use shielding gases, as practicable; Because heat is needed to melt the welding. welding rod and form the welded joint (c) Use an inert carrier gas, such as during the welding process, moving argon, as practicable to the type of We believe that compliance with and/or cooling high velocity air in the welding used; GACT using the graduated testing vicinity of the weld can be detrimental (d) Use low or no-HAP welding schedule for visual emissions and to its success. Therefore, small materials and substrates as much as opacity will enable facilities with a low enclosures or vacuum systems with high practicable; level of emissions to quickly reach a low (e) Operate with a welding angle close frequency of testing thereby minimizing exhaust rates close to the welding ° cannot be used to capture welding to 90 , as practicable to the type of the impact of this proposed rule on fumes. Another difficulty with local welding used and physical lower emitting sources. On the other exhaust is the need to position and characteristics of the substrate; hand, facilities with higher levels of (f) Optimize electrode diameter, as sometimes re-position the capture emissions may be required to prepare a equipment to be most effective during practicable; (g) Operate with lower voltage and SWMP and give careful thought to the the welding process without causing current, as practicable; pollution prevention management more fume to enter the breathing zone (h) Use low fume wires, as practices that can reduce emissions at of the worker. We studied the practices practicable; their facility. The use of visual of metal fabrication and finishing (i) Optimize shield gas flow rate, as emissions or opacity testing, as opposed industry as well as other industries that practicable; to emission testing, is a lower cost use welding, and determined that (j) Use low or optimized torch speed, method to determine compliance that control devices are usually used only as as practicable; and accommodates the different levels of a last resort when process variables and/ (k) Use pulsed-current power activity that can occur from facility to or products dictate a high fume-forming supplies, as practicable. facility, and from product to product welding technique. and day to day within the same facility, In addition to the technical difficulty E. How did we select the compliance so that there is not a large cost impact of using add-on controls for welding requirements? on small businesses. fumes, the control devices are not cost- We are proposing notification, effective for control of MFHAP and reporting, and recordkeeping Under this proposed rule, each would impose a significant burden on requirements to ensure compliance with facility would prepare an annual the facilities in the metal fabrication and this proposed rule. We are requiring an compliance certification and keep it on finishing industry. The estimated costs Initial Notification and Notification of site in a readily-accessible location. for use of add-on control equipment for Compliance Status. These requirements Facilities would be required to submit welding is greater than $7 million per are consistent with Section 63.9(h) of this annual compliance report only if ton of MFHAP. Therefore, based on the the General Provisions of this part. For there are any exceedences or deviations above technical and cost issues, we are demonstrating initial compliance, this from the equipment and management not proposing that GACT is the use of proposed rule would require affected practice requirements during the year, add-on control equipment. facilities to certify that the required and would include these exceedence Most facilities have begun to use management practices have been reports with their compliance report. management and pollution prevention implemented and that all equipment We recognize that many of these techniques to reduce welding fumes, associated with the processes is being facilities are small businesses; therefore since these practices are the most properly operated and maintained. For we are requiring the submission of this efficient and cost-effective way to demonstrating continuous compliance, annual compliance certification only if protect their workers and meet the the proposed requirements include exceedences occur during the year so OSHA standards. Because of the annual certifications that the that there is not an undue economic difficulties with using control management practices are being burden on small businesses. equipment for welding, we propose as followed and all equipment associated GACT a set of management practices with the processes is being properly We are proposing a 2-year period for that minimize fume generation for operated and maintained. This proposed existing facilities to achieve compliance. welding, as practicable to the type of rule specifies recordkeeping We believe the 2-year period provides welding used or needed and the type of requirements in accordance with sufficient time for facilities to identify product being welded. We also propose Section 63.10 of the General Provisions. their applicability to the rule and make that control systems with add-on control These records are needed for EPA to any necessary changes to comply with devices that achieve at least 85 percent determine compliance with specific rule the standards. All new area sources control can be used as a compliance requirements. would be required to comply with this option instead of the management Because MFHAP emissions from the proposed rule on the date of publication practices, since these control systems metal fabrication and finishing sources of the final rule or upon startup, provide an equivalent control of are visible emissions, we are requiring whichever is later. MFHAP. visual emissions or opacity testing
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F. How did we decide to exempt this FR 75323. Thus, in the Exemption Rule, for area sources covered by this area source category from title V we explained that not all of the four proposed rule through recordkeeping or permitting requirements? factors must weigh in favor of reporting requirements. We have We are proposing exemption from exemption for EPA to determine that considered the various title V title V permitting requirements for title V is unnecessarily burdensome for recordkeeping and reporting affected facilities in the metal a particular area source category. requirements, including requirements fabrication and finishing area source Instead, the factors are to be considered for a 6-month monitoring report, categories for the reasons described in combination, and EPA determines deviation reports, and an annual below. whether the factors, taken together, certification in 40 CFR 70.6 and 71.6. Section 502(a) of the CAA provides support an exemption from title V for a For any affected metal fabrication and that the Administrator may exempt an particular source category. finishing facility, this proposed In the Exemption Rule, in addition to area source category from title V if he NESHAP would require an initial determining whether compliance with determines that compliance with title V notification and a notification of title V requirements would be requirements is ‘‘impracticable, compliance status. This proposed Metal unnecessarily burdensome on an area infeasible, or unnecessarily Fabrication and Finishing NESHAP also source category, we considered, burdensome’’ on an area source would require affected facilities to consistent with the guidance provided category. See CAA section 502(a). In maintain records showing compliance by the legislative history of section with the required equipment standard December 2005, in a national 502(a), whether exempting the area rulemaking, EPA interpreted the term and management practices. The source category would adversely affect information that would be required in ‘‘unnecessarily burdensome’’ in CAA public health, welfare or the section 502 and developed a four-factor the notifications and records is similar environment. See 70 FR 15254–15255, to the information that would be balancing test for determining whether March 25, 2005. We have determined title V is unnecessarily burdensome for provided in the deviation reports that the proposed exemptions from title required under 40 CFR 70.6(a)(3) and 40 a particular area source category, such V would not adversely affect public that an exemption from title V is CFR 71.6(a)(3). We acknowledge that health, welfare and the environment. title V might impose additional appropriate. See 70 FR 75320, December Our rationale for this decision follows 19, 2005 (‘‘Exemption Rule’’). compliance requirements on this here. category, but we have determined that The four factors that EPA identified in In considering the proposed the Exemption Rule for determining the monitoring, recordkeeping, and exemption from title V requirements for reporting requirements of this proposed whether title V is ‘‘unnecessarily sources in the category affected by this burdensome’’ on a particular area source NESHAP for the metal fabrication and proposed rule, we first compared the finishing source categories would be category include: (1) Whether title V title V monitoring, recordkeeping, and sufficient to assure compliance with the would result in significant reporting requirements (factor one) to provisions of this NESHAP, and title V improvements to the compliance the requirements in this proposed would not significantly improve those requirements, including monitoring, NESHAP for the metal fabrication and compliance requirements. recordkeeping, and reporting that are finishing area source categories. EPA proposed for an area source category (70 determined that the management For the second factor, we determine FR 75323); (2) whether title V practices currently used by metal whether title V permitting would permitting would impose significant fabrication and finishing facilities is impose a significant burden on the area burdens on the area source category and GACT, and this proposed rule would sources in the category and whether that whether the burdens would be require recordkeeping, which serves as burden would be aggravated by any aggravated by any difficulty the sources monitoring and deviation reporting, to difficulty the source may have in may have in obtaining assistance from assure compliance with this NESHAP. obtaining assistance from the permitting permitting agencies (70 FR 75324); (3) The monitoring component of the first agency. Subjecting any source to title V whether the costs of title V permitting factor favors title V exemption because permitting imposes certain burdens and for the area source category would be this proposed standard would provide costs that do not exist outside of the title justified, taking into consideration any for monitoring in the form of visible V program. EPA estimated that the potential gains in compliance likely to emissions and opacity testing and average cost of obtaining and complying occur for such sources (70 FR 75325); recordkeeping that would assure with a title V permit was $38,500 per and (4) whether there are compliance with the requirements of source for a 5-year permit period, implementation and enforcement this proposed rule. This proposed including fees. See Information programs in place that are sufficient to NESHAP would also require the Collection Request for Part 70 Operating assure compliance with the proposed preparation of annual compliance Permit Regulations, January 2000, EPA NESHAP for the area source category, certification reports and submission of ICR Number 1587.05. EPA does not without relying on title V permits (70 this report if there are any deviations have specific estimates for the burdens FR 75326). during the year, which should call and costs of permitting the metal In discussing these factors in the attention to those facilities in need of fabrication and finishing area sources; Exemption Rule, we further explained supervision to the State agency in the however, there are certain activities that we considered on ‘‘a case-by-case same way as a title V permit. Records associated with the part 70 and 71 rules. basis the extent to which one or more would be required to ensure that the These activities are mandatory and of the four factors supported title V management practices are followed, impose burdens on the facility. They exemptions for a given source category, including such records as results of the include reading and understanding and then we assessed whether visual emissions and opacity tests, and permit program guidance and considered together those factors spray painting training of the regulations; obtaining and demonstrated that compliance with title employees. understanding permit application forms; V requirements would be ‘unnecessarily As part of the first factor, we have answering follow-up questions from burdensome’ on the category, consistent considered the extent to which title V permitting authorities after the with section 502(a) of the Act.’’ See 70 could potentially enhance compliance application is submitted; reviewing and
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understanding the permit; collecting factor that the costs of compliance with of the area source NESHAP that we records; preparing and submitting title V would impose a significant exempted, but that the States were also monitoring reports on a 6-month or burden on nearly all of the providing compliance assistance to more frequent basis; preparing and approximately 5,800 metal fabrication assure that the area sources were in the submitting prompt deviation reports, as and finishing facilities affected by this best position to comply with the defined by the State, which may include proposed rule. We also believe in NESHAP. See 70 FR 75325–75326. In a combination of written, verbal, and considering the first factor that, while proposing this rule, we do not have other communications methods; title V might impose additional similar data available on the specific collecting information, preparing, and requirements, the monitoring, enforcement as in the Exemption rule, submitting the annual compliance recordkeeping and reporting but we have no reason to think that certification; preparing applications for requirements in the proposed NESHAP States will be less diligent in enforcing permit revisions every 5 years; and, as would assure compliance with the this NESHAP. See 70 FR 75326. In fact, needed, preparing and submitting equipment standards and management States must have adequate programs to applications for permit revisions. In practices imposed in the NESHAP. In enforce the section 112 regulations and addition, although not required by the addition, in our consideration of the provide assurances that they will permit rules, many sources obtain the fourth factor, we find that there are enforce all NESHAP before EPA will contractual services of consultants to adequate implementation and delegate the program. See 40 CFR part help them understand and meet the enforcement programs in place to assure 63, General Provisions, subpart E. permitting program’s requirements. The compliance with the NESHAP. Because In light of all the information ICR for part 70 provides additional the costs, both economic and non- presented here, we believe that there are information on the overall burdens and economic, of compliance with title V are implementation and enforcement costs, as well as the relative burdens of so high, and the potential for gains in programs in place that are sufficient to each activity. Also, for a more compliance is low, we propose that title assure compliance with the Metal comprehensive list of requirements V permitting is not justified for this Fabrication and Finishing NESHAP imposed on part 70 sources (hence, source category. Accordingly, the third without relying on title V permitting. burden on sources), see the factor supports the proposed title V Balancing the four factors for this area requirements of 40 CFR 70.3, 70.5, 70.6, exemptions for metal fabrication and source category strongly supports the and 70.7. finishing area sources. proposed finding that title V is In assessing the second factor for The fourth factor we considered in unnecessarily burdensome. While title metal fabrication and finishing facilities, determining if title V is unnecessarily V might add additional compliance we found that over 90 percent of the burdensome is whether there are requirements if imposed, we believe approximately 5,800 metal fabrication implementation and enforcement that there would not be significant and finishing facilities affected by this programs in place that are sufficient to improvements to the compliance proposed rule are small businesses. assure compliance with the NESHAP requirements in the NESHAP because These small sources lack the technical without relying on title V permits. There the requirements in this proposed rule resources that would be needed to are State programs in place to enforce are specifically designed to assure comply with permitting requirements this area source NESHAP, and we compliance with the standards and and the financial resources that would believe that the State programs will be management practices imposed on this be needed to hire the necessary staff or sufficient to assure compliance with this area source category. outside consultants. As discussed NESHAP. We also note that EPA retains We further maintain that the above, title V permitting would impose authority to enforce this NESHAP economic and non-economic costs of significant costs on these area sources, anytime under CAA sections 112, 113 compliance with title V, in conjunction and, accordingly, we propose that title and 114. We further note that small with the likely difficulty this number of V would be a significant burden for business assistance programs required small sources would have obtaining sources in this category. More than 90 by CAA section 507 may be used to assistance from the permitting authority, percent of the facilities that would be assist area sources that have been would impose a significant burden on subject to this proposed rule are small exempted from title V permitting. Also, the sources. In addition, the high businesses with limited resources, and States and EPA often conduct voluntary relative costs would not be justified under title V they would be subject to compliance assistance, outreach, and given that there is likely to be little or numerous mandatory activities with education programs (compliance no potential gain in compliance if title which they would have difficulty assistance programs), which are not V were required. And, finally, there are complying, whether they were issued a required by statute. These additional adequate implementation and standard or a general permit. programs would supplement and enforcement programs in place to assure Furthermore, given the number of enhance the success of compliance with compliance with the NESHAP. Thus, we sources in the category and the this area source NESHAP. We believe propose that title V permitting is relatively small size of many of those that the statutory requirements for ‘‘unnecessarily burdensome’’ for the sources, it would likely be difficult for implementation and enforcement of this metal fabrication and finishing area them to obtain assistance from the NESHAP by the delegated States and source categories. permitting authority. Thus, we believe EPA, combined with the additional In addition to evaluating whether that the second factor strongly supports assistance programs would be sufficient compliance with title V requirements is the proposed title V exemption for metal to assure compliance with this area ‘‘unnecessarily burdensome,’’ EPA also fabrication and finishing facilities. source NESHAP without relying on title considered, consistent with guidance The third factor, which is closely V permitting. provided by the legislative history of related to the second factor, is whether In applying the fourth factor in the section 502(a), whether exempting the the costs of title V permitting for these Exemption Rule, where EPA had metal fabrication and finishing area area sources would be justified, taking deferred action on the title V exemption source categories from title V into consideration any potential gains in for several years, we had enforcement requirements would adversely affect compliance likely to occur for such data available to demonstrate that States public health, welfare, or the sources. We explained for the second were not only enforcing the provisions environment. Exemption of the metal
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fabrication and finishing area source this industry in the 1990 urban HAP have two exceedences per year; and 1 categories from title V requirements inventory. Although there are no percent (58 facilities) will have three would not adversely affect public additional air emission reductions as a exceedences per year and need to health, welfare, or the environment result of this proposed rule, we believe prepare an initial SWMP. The labor because the level of control would that this proposed rule will assure that hours estimated for each exceedence remain the same if a permit were the emission reductions made by the report is 2 hours, 16 hours are estimated required. The title V permit program industry since 1990 will be maintained. for preparation of the SWMP, and 0.25 does not impose new substantive air Along with the HAP described above, hours for recording a test result. For quality control requirements on sources, there is an undetermined amount of subsequent years, facilities with a but instead requires that certain VOHAP and PM that has been co- SWMP will only need to update their procedural measures be followed, controlled in the metal fabrication and SWMP. particularly with respect to determining finishing processes that contributed to The above analysis shows that we compliance with applicable criteria pollutant emissions in 1990. expect that the maximum number of exceedences per year for any facility requirements. As stated in our B. What are the cost impacts? consideration of factor one for this would be three exceedences. According category, title V would not lead to For all metal fabrication and finishing to the monitoring requirements for significant improvements in the processes except painting, all facilities welding sources, which are the only compliance requirements applicable to are expected to be achieving the level of metal fabrication and finishing sources existing or new area sources. control required by the proposed that are not required to use add-on Furthermore, one of the primary standard. Therefore, no additional air control devices, the second exceedence purposes of the title V permitting pollution control devices or systems in any one year requires the facility to program is to clarify, in a single would be required. No capital costs are perform an EPA Method 9 opacity test document, the various and sometimes associated with this proposed rule, and to determine whether the exhaust from complex regulations that apply to no operational and maintenance costs the process or building is less than or sources in order to improve are expected because facilities are greater than 20 percent opacity. If the understanding of these requirements already following the manufacturer’s EPA Method 9 test shows an opacity and to help sources achieve compliance instructions for operation and greater than 20 percent, the facility with the requirements. In this case, maintenance of pollution control would be required to prepare a SWMP devices and systems. Many of the however, we do not believe that a title to address the emission control strategy management practices required by this V permit is necessary to understand the that the facility is planning for the proposed rule are pollution prevention requirements applicable to these area future to minimize PM emissions from and have the co-benefit to provide a cost sources. We also have no reason to think the process. We expect that the savings for facilities. requirement to prepare a SWMP will that new sources would be substantially The annual cost of monitoring, different from the existing sources. In cause the facility to initiate changes in reporting, and recordkeeping for this the facility’s management practices or addition, we explained in the proposed rule is estimated at Exemption Rule that requiring permits use of add-on control equipment such approximately $735 per facility per year that the facility will subsequently be for the large number of area sources after the first year with an additional could, at least in the first few years of able to meet the opacity or visible $385 per facility for one-time costs in emission requirements in this proposed implementation, potentially adversely the first year. While most of these affect public health, welfare, or the rule. Therefore, we expect no further facilities are small, the costs are exceedences by the facilities after being environment by shifting State agency expected to be approximately 0.01 resources away from assuring required to prepare a SWMP. We percent of revenues. specifically invite comment on these compliance for major sources with The annual estimate includes 2 hours existing permits to issuing new permits assumptions for the proposed rule. per facility per year for preparing The total number of labor hours for these area sources, potentially annual compliance reports. The annual included in this annual cost estimate reducing overall air program estimate also includes an industry-wide includes 2 hours for preparation of the effectiveness. Based on this analysis, we average of 13 hours a year per facility Initial Notification in the first year; 4 believe that title V exemptions for metal for visible emissions monitoring of two hours for preparation of the Notification fabrication and finishing area sources buildings or sources. Although it is of Compliance Status in the first year, would not adversely affect public possible that some facilities would and 2 hours for preparing the Annual health, welfare, or the environment for initially be required by this proposed Compliance Certification at the end of all of the reasons previously explained. rule to perform daily visual emissions or the year, for an industry-wide average For the reasons stated here, we are opacity testing, the graduated estimate of 24 hours per facility in the proposing to exempt the metal compliance test schedule of this first year, which include the 13 hours fabrication and finishing area source proposed rule allows for decrease in per facility for monitoring. In the second categories from title V permitting frequency to once a month if visible year, the estimated industry-wide requirements. emissions are not found. This average labor hours per facility falls to V. Impacts of the Proposed Standards monitoring schedule is reflected in our 18 hours, of which 13 hours are due to estimate. monitoring. A. What are the air impacts? In the above estimated annual costs, We estimate that the proposed Since 1990, the metal fabrication and we have included approximately 11,600 standards for spray painting VOHAP finishing industry has reduced their air labor-hours among the 5,800 sources for content will have no net annual cost to impacts by voluntary controls that were exceedence reports and preparation of a spray painting operations. The cost of likely motivated by concerns for worker SWMP. This estimate assumes that 80 lower VOHAP content paints has been safety. These controls would have percent of the facilities (4,640 facilities) reduced since the market for these reduced approximately 122 tons of the will have no exceedences; 15 percent paints has increased due to other paint MFHAP (cadmium, chromium, lead, (870 facilities) will have one exceedence and coating rules promulgated by EPA. manganese, and nickel) attributed to per year; 4 percent (232 facilities) will Therefore, there is no additional cost
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estimated for lower VOHAP content that after loading the spray gun in the Therefore, spray painting training paints required by this proposed rule. washer, the painters can perform other impacts would be lower than that We estimate that the proposed tasks while the spray guns are being estimated based on typical assumptions standards for spray painting will have cleaned. Automated spray gun washers of the number of spray painters per no net annual cost to spray painting are also capable of re-using solvent for facility. In summary, EPA estimates that operations. The initial cost of complying gun cleaning to minimize solvent the proposed requirements for surface with these proposed standards would be consumption and waste disposal. coating operations would not result in off-set and recovered over time by cost This proposed rule also requires that any net increase in annual or capital savings as a result of more efficient use facilities certify that their painters have costs from the control requirements for of labor and materials by surface coating knowledge of the proper use of HVLP or surface coating operations. We operations. The initial costs for surface equivalent equipment. However, specifically request comment on this coating operations may include facilities can show that a painter’s work aspect of this proposed rule. purchase of improved spray booth experience and/or training have resulted filters, automated enclosed gun washers, in equivalent training and, therefore, Information on our cost impact HVLP spray guns, and painter training, would not be necessarily required to estimates on the sources is available in if needed to comply with the proposed provide training at an external location the docket for this proposed rule. (See standards. However, spray painting for these painters. In addition, this Docket Number EPA–HQ–OAR–2006– processes are already required by OSHA proposed rule permits facilities to 0306). standards to perform spray painting in perform hands-on or in-house training C. What are the economic impacts? a spray booth or similar enclosure, so to meet the training requirements. theses costs would not be attributed to Therefore, we believe that painter The only measurable costs these proposed standards. Therefore, we training costs would have a low impact attributable to these proposed standards have not estimated costs required to on the affected facilities. The following are associated with the monitoring, install spray booths to comply with the discussion summarizes and further recordkeeping, and reporting proposed standards. We specifically illustrates this point. requirements. These proposed standards request comment on the appropriateness First, many facilities already send are estimated to impact a total of 5,800 of this assumption for the metal their painters to training sponsored by area source facilities. We estimate that paint companies and trade fabrication and finishing industries. over 5,300 of these facilities are small The proposed standards specify that organizations. Paint companies sponsor entities. Our analysis indicates that this certain types of filters have to be used painter training so that the paint proposed rule would not impose a on the spray booth exhaust to minimize company can reduce warranty claims on MFHAP emissions, and these filters are their paint products. These training significant adverse impact on any not addressed by OSHA standards. courses already cover much of the same facilities, large or small since these costs Some spray painting facilities may need material required by this proposed rule. are approximately 0.01 percent of to replace their current filters for ones Therefore, this proposed rule would not revenues. with higher control efficiency, but the impose new training costs on these D. What are the non-air health, higher efficiency filters are readily facilities that already participate in environmental, and energy impacts? available and will not result in any training. Second, facilities may perform additional cost. training ‘‘in-house’’ or show that a No detrimental secondary impacts are This proposed rule also would require painter’s work experience and/or expected to occur from the non-painting all affected new and existing facilities to training have resulted in equivalent sources because all facilities are perform their paint spray gun cleaning training and, therefore, would not be currently achieving the GACT level of operations such that gun cleaning required to provide training at an control. No facilities would be required solvent and paint residue is not created external location for these painters. to install and operate new or additional outside of the container and used gun Third, the estimated training cost could control devices or systems, or install cleaning solvent is collected. These gun be offset by reduced coating costs if the and operate monitoring devices or cleaning methods include hand cleaning training results in reduced coating systems. No additional solid waste of parts, use of a fully enclosed spray consumption. Data from the STAR would be generated as a result of the PM gun washer, or a combination of these program indicate that painters who emissions collected and there are no non-atomizing methods. Hand cleaning complete this training can decrease the additional energy impacts associated is considered equivalent to gun washers amount of coating sprayed by about 20 with operation of control devices or as long as the painters do not atomize percent per job. We estimate that if a monitoring systems for the non-painting cleaning solvent from the gun and the typical facility reduced their coating sources. spent solvent is collected in a container consumption and costs by about 4 that is closed when not in use. Since percent per year, the cost savings would We expect no increase in generation facilities that do not currently have an equalize the increased cost of training of wastewater or other water quality automated gun washer can still comply after 1 year, and there would be no net impacts. None of the control measures with the proposed standards by cleaning cost in training. To recover the cost of considered for this proposed rule guns by hand, we do not expect that training over 5 years, a typical facility generates a wastewater stream. The sources would have any annualized would need to reduce their coating installation of spray booths and capital costs or operating costs for spray consumption by slightly less than 1 enclosed gun washers, and increased gun cleaning. We specifically request percent. Fourth, all painting in the worker training in the proper use and comment on this assumption. metal fabrication and finishing handling of coating materials should If spray gun washers are used, the industries is not done by spraying. reduce worker exposure to harmful annual costs for these washers would be Many metal fabrication and finishing chemicals in the workplace. This should offset by the reduced labor to clean facilities perform painting by dip have a positive benefit on worker spray guns and reduced costs for painting or other coating techniques that health, but this benefit cannot be cleaning solvent purchase and disposal. are not subject to the spray painting quantified in the scope of this Spray gun washers are automated so standards of this proposed rule. rulemaking.
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VI. Statutory and Executive Order to these proposed standards are Small entities include small businesses, Reviews associated with the monitoring, small not-for-profit enterprises, and recordkeeping, and reporting A. Executive Order 12866: Regulatory small governmental jurisdictions. requirements. There are no capital, Planning and Review For the purposes of assessing the operating, maintenance, or purchase of impacts of this proposed rule on small This action is not a ‘‘significant services costs expected as a result of this entities, small entity is defined as: (1) A regulatory action’’ under the terms of proposed rule. Executive Order 12866 (58 FR 51735, Although it is possible that some small business that meets the Small October 4, 1993) and is therefore not facilities would initially be required by Business Administration size standards subject to review under the Executive this proposed rule to record the results for small businesses, as defined by the Order. of daily visual emissions or opacity Small Business Administration’s (SBA) regulations at 13 CFR 121.201; (2) a B. Paperwork Reduction Act testing, the graduated compliance test schedule of this proposed rule allows small governmental jurisdiction that is a The information collection for decrease in frequency to once a government of a city, county, town, requirements in this proposed rule have month if emissions are not found. Also, school district, or special district with a been submitted for approval to OMB the requirement for preparation of a population of less than 50,000; and (3) under the Paperwork Reduction Act, 44 SWMP is expected to result in a a small organization that is any not-for- U.S.C. 3501 et seq. The information maximum of three exceedences from 1 profit enterprise which is independently collection request (ICR) document percent (58) of the facilities because of owned and operated and is not prepared by EPA has been assigned EPA the pollution prevention focus of the dominant in its field. ICR number 2298.01. SWMP. Burden is defined at 5 CFR After considering the economic The recordkeeping and reporting 1320.3(b). requirements in this proposed rule are impacts of this proposed rule on small An agency may not conduct or entities, I certify that this action will not based on the requirements in EPA’s sponsor, and a person is not required to NESHAP General Provisions (40 CFR have a significant economic impact on respond to, a collection of information a substantial number of small entities. part 63, subpart A). The recordkeeping unless it displays a currently valid OMB This proposed rule is estimated to and reporting requirements in the control number. The OMB control impact a total of 5,800 area source metal General Provisions are mandatory numbers for EPA’s regulations in 40 fabrication and finishing facilities; over pursuant to section 114 of the CAA (42 CFR part 63 are listed in 40 CFR part 9. U.S.C. 7414). All information other than To comment on the Agency’s need for 5,300 of these facilities are estimated to emissions data submitted to EPA this information, the accuracy of the be small entities. We have determined pursuant to the information collection provided burden estimates, and any that small entity compliance costs, as requirements for which a claim of suggested methods for minimizing assessed by the facilities’ cost-to-sales confidentiality is made is safeguarded respondent burden, including the use of ratio, are expected to be less than 0.01 according to CAA section 114(c) and the automated collection techniques, EPA percent. The analysis also shows that Agency’s implementing regulations at has established a public docket for this none of the small entities would incur 40 CFR part 2, subpart B. action, which includes this ICR, under economic impacts exceeding three This proposed NESHAP would Docket ID number EPA–HQ–OAR– percent of its revenue. Although this require metal fabrication and finishing 2006–0306. Submit any comments proposed rule contains requirements for area sources to submit an Initial related to the ICR for this proposed rule new area sources, we are not aware of Notification and a Notification of to EPA and OMB. See ADDRESSES any new area sources being constructed Compliance Status according to the section at the beginning of this notice now or planned in the next three years, requirements in 40 CFR 63.9 of the for where to submit comments to EPA. and consequently, we did not estimate General Provisions (subpart A). Records Send comments to OMB at the Office of any impacts for new sources. would be required to demonstrate Information and Regulatory Affairs, Although this proposed rule will not compliance with operation and Office of Management and Budget, 725 have a significant economic impact on maintenance of capture and control 17th Street NW., Washington, DC 20503, a substantial number of small entities, devices, VOHAP content of paints, and Attention: Desk Officer for EPA. Since EPA nonetheless has tried to reduce the other management practices. The owner OMB is required to make a decision impact of this proposed rule on small or operator of a metal fabrication and concerning the ICR between 30 and 60 entities. The standards represent finishing facility also is subject to days after April 3, 2008, a comment to practices and controls that are common notification and recordkeeping OMB is best assured of having its full throughout the sources engaged in metal requirements in 40 CFR 63.9 and 63.10 effect if OMB receives it by May 5, 2008. fabrication and finishing. The standards of the General Provisions (subpart A). The final rule will respond to any OMB also require minimal amount of Annual compliance certifications and or public comments on the information recordkeeping and reporting needed to annual exceedence reports would be collection requirements contained in demonstrate and verify compliance. required instead of the semiannual this proposal. These standards were developed based excess emissions reports required by the on information obtained from small NESHAP General Provisions. C. Regulatory Flexibility Act The annual burden for this The Regulatory Flexibility Act businesses in our surveys, consultation information collection averaged over the generally requires an agency to prepare with small business representatives on first three years of this ICR is estimated a regulatory flexibility analysis of any the State and national level, and to be a total of 35,268 labor hours per rule subject to notice and comment industry representatives that are year at a cost of $1.1 million or rulemaking requirements under the affiliated with small businesses. approximately $580 per facility. The Administrative Procedure Act or any We continue to be interested in the average annual reporting burden is six other statute unless the agency certifies potential impacts of this proposed hours per response, with approximately that the rule would not have a action on small entities and welcome three responses per facility for 1,933 significant economic impact on a comments on issues related to such respondents. The only costs attributable substantial number of small entities. impacts.
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D. Unfunded Mandates Reform Act proposed rule is not subject to section influence the regulation. This action is Title II of the Unfunded Mandates 203 of the UMRA. not subject to Executive Order 13045 because it is based solely on technology Reform Act of 1995 (UMRA), Public E. Executive Order 13132: Federalism Law 104–4, establishes requirements for performance. Executive Order 13132 (64 FR 43255, Federal agencies to assess the effects of August 10, 1999) requires EPA to H. Executive Order 13211 (Energy their regulatory actions on State, local, develop an accountable process to Effects) and tribal governments and the private ensure ‘‘meaningful and timely input by This rule is not subject to Executive sector. Under section 202 of the UMRA, State and local officials in the Order 13211, ‘‘Actions Concerning EPA generally must prepare a written development of regulatory policies that Regulations That Significantly Affect statement, including a cost-benefit have federalism implications.’’ ‘‘Policies Energy Supply, Distribution, or Use’’ (66 analysis, for proposed and final rules that have federalism implications’’ is FR 28355, May 22, 2001) because it is with ‘‘Federal mandates’’ that may defined in the Executive Order to not a significant regulatory action under result in expenditures by State, local, include regulations that have Executive Order 12866. and tribal governments, in the aggregate, ‘‘substantial direct effects on the States, or by the private sector, of $100 million I. National Technology Transfer on the relationship between the national or more in any one year. Before Advancement Act government and the States, or on the promulgating an EPA rule for which a distribution of power and Section 12(d) of the National written statement is needed, section 205 responsibilities among the various Technology Transfer and Advancement of the UMRA generally requires EPA to levels of government.’’ Act of 1995 (‘‘NTTAA’’), Public Law identify and consider a reasonable This proposed rule does not have 104–113 (15 U.S.C. 272 note) directs number of regulatory alternatives and federalism implications. It will not have EPA to use voluntary consensus adopt the least costly, most cost- substantial direct effects on the States, standards (VCS) in its regulatory effective, or least burdensome on the relationship between the national activities unless to do so would be alternative that achieves the objectives government and the States, or on the inconsistent with applicable law or of the rule. The provisions of section distribution of power and otherwise impractical. Voluntary 205 do not apply when they are responsibilities among the various consensus standards are technical inconsistent with applicable law. levels of government, as specified in standards (e.g., materials specifications, Moreover, section 205 allows EPA to Executive Order 13132. This proposed test methods, sampling procedures, and adopt an alternative other than the least rule does not impose any requirements business practices) that are developed or costly, most cost-effective, or least on State and local governments. Thus, adopted by voluntary consensus burdensome alternative if the Executive Order 13132 does not apply standards bodies. NTTAA directs EPA Administrator publishes with the final to this proposed rule. to provide Congress, through OMB, rule an explanation why that alternative In the spirit of Executive Order 13132, explanations when the Agency decides was not adopted. Before EPA establishes and consistent with EPA policy to not to use available and applicable any regulatory requirements that may promote communications between EPA voluntary consensus standards. significantly or uniquely affect small and State and local governments, EPA This proposed rulemaking involves governments, including tribal specifically solicits comment on this technical standards. Therefore, the governments, it must have developed proposed rule from State and local Agency conducted a search to identify under section 203 of the UMRA a small officials. potentially applicable VCS. However, government agency plan. The plan must we identified no such standards, and provide for notifying potentially F. Executive Order 13175: Consultation none were brought to our attention in affected small governments, enabling and Coordination With Indian Tribal comments. Therefore, EPA has decided officials of affected small governments Governments to use EPA Methods 24 and 311 in this to have meaningful and timely input in Executive Order 13175 (65 FR 67249, proposed rule. In addition, we are the development of EPA regulatory November 6, 2000), requires EPA to proposing to use ASHRAE Method 52.1, proposals with significant Federal develop an accountable process to ‘‘Gravimetric and Dust-Spot Procedures intergovernmental mandates, and ensure ‘‘meaningful and timely input by for Testing Air-Cleaning Devices Used informing, educating, and advising tribal officials in the development of in General Ventilation for Removing small governments on compliance with regulatory policies that have tribal Particulate Matter, June 4, 1992,’’ to the regulatory requirements. implications.’’ This proposed rule does measure paint booth filter efficiency and EPA has determined that this not have tribal implications, as specified to measure the control efficiency of proposed rule does not contain a in Executive Order 13175. This paint overspray arrestors with spray- Federal mandate that may result in proposed rule imposes no requirements applied paintings. This method will expenditures of $100 million or more on tribal governments. Thus, Executive enable owner/operators to determine for State, local, and tribal governments, Order 13175 does not apply to this rule. their facility’s compliance with the in the aggregate, or the private sector in EPA specifically solicits additional spray booth filter requirement of this any one year. This proposed rule is not comment on this proposed rule from proposed rule. expected to impact State, local, or tribal tribal officials. We are also proposing to use two governments. Thus, this proposed rule methods from the California South is not subject to the requirements of G. Executive Order 13045: Protection of Coast Air Quality Management District: sections 202 and 205 of the UMRA. EPA Children From Environmental Health ‘‘Spray Equipment Transfer Efficiency has determined that this proposed rule and Safety Risks Test Procedure For Equipment User, contains no regulatory requirements that EPA interprets Executive Order 13045 May 24, 1989,’’ and ‘‘Guidelines for might significantly or uniquely affect (62 FR 19885, April 23, 1997) as Demonstrating Equivalency with small governments. This proposed rule applying to those regulatory actions that District Approved Transfer Efficient contains no requirements that apply to concern health or safety risks, such that Spray Guns, September 26, 2002,’’ as such governments, and impose no the analysis required under section 5– methods to demonstrate the equivalency obligations upon them. Therefore, this 501 of the Order has the potential to of spray gun transfer efficiency for spray
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guns that do not meet the definition of EPA has determined that this in Clear or Pigmented Coatings, IBR HVLP, airless spray, or electrostatic proposed rule will not have approved for § 63.11516(e)(3)(ii)(A). spray. These methods will enable disproportionately high and adverse * * * * * owner/operators to determine their human health or environmental effects (d) * * * facility’s compliance with the HVLP on minority or low-income populations (7) California South Coast Air Quality requirement of this proposed rule. because it increases the level of Management District’s ‘‘Spray We also cite in this proposed rule environmental protection for all affected Equipment Transfer Efficiency Test three ASTM methods: ASTM Method populations without having any Procedure for Equipment User, May 24, D2697–03, ‘‘Standard Test Method for disproportionately high and adverse 1989,’’ IBR approved for Volume Nonvolatile Matter in Clear or human health or environmental effects § 63.11173(e)(3) and § 63.11516(d)(2) of Pigmented Coatings,’’ and ASTM on any population, including any subpart XXXXXX of this part. D6093–97 (Reapproved 2003), minority or low-income population. The (8) California South Coast Air Quality ‘‘Standard Test Method for Percent nationwide standards would reduce Management District’s ‘‘Guidelines for Volume Nonvolatile Matter in Clear or HAP emissions and thus decrease the Demonstrating Equivalency with Pigmented Coatings Using a Helium Gas amount of emissions to which all District Approved Transfer Efficient Pycnometer,’’ for determining the affected populations are exposed. Spray Guns, September 26, 2002,’’ IBR volume fraction of paint solids; and List of Subjects in 40 CFR Part 63 approved for §§ 63.11173(e) and ASTM D1475–98, ‘‘Standard Test 63.11516(d)(2). Method for Density of Liquid Coatings, Environmental protection, Air Inks, and Related Products,’’ for pollution control, Hazardous * * * * * determining the average density of substances, Incorporations by reference, (l) * * * volatile matter in the spray paints and Reporting and recordkeeping (1) American Society of Heating, coatings. requirements. Refrigerating, and Air Conditioning In addition to the VCS already cited Dated: March 20, 2008. Engineers Method 52.1, ‘‘Gravimetric in this proposed rule, EPA Method 24 Stephen L. Johnson, and Dust-Spot Procedures for Testing and 311 already incorporate VCS. The Administrator. Air-Cleaning Devices Used in General EPA Method 311 is a compilation of five For the reasons stated in the Ventilation for Removing Particulate VCS: ASTM D1979–91, ASTM D3432– preamble, title 40, chapter I of the Code Matter, June 4, 1992,’’ IBR approved for 89, ASTM D4747–87, ASTM D4827–93, of Federal Regulations is proposed to be §§ 63.11173(e)(2)(i) and and ASTM PS 9–94. The EPA Method amended as follows: 63.11516(d)(1)(ii). 24 incorporates six VCS: ASTM D1475– * * * * * 90, ASTM D2369–95, ASTM D3792–91, PART 63—[AMENDED] 3. Part 63 is amended by adding ASTM D4017–96a, ASTM D4457–85 subpart XXXXXX consisting of 1. The authority citation for part 63 (Reapproved 1991), and ASTM D5403– §§ 63.11514 through 63.11523 and continues to read as follows: 93. tables 1 through 4 to read as follows: EPA welcomes comments on this Authority: 42 U.S.C. 7401, et seq. Subpart XXXXXX—National Emission aspect of the proposed rulemaking and, Subpart A—[Amended] Standards for Hazardous Air Pollutants specifically, invites the public to Area Source Standards for 9 Metal identify potentially-applicable 2. Section 63.14 is amended by Fabrication and Finishing Source voluntary consensus standards and to revising paragraphs (b)(25) and (26), Categories Applicability and Compliance explain why such standards should be (d)(7) and (8), and (l)(1); and adding Dates used in this regulation. new paragraph (b)(66) to read as Sec. Under § 63.7(f) and § 63.8(f) of subpart follows: 63.11514 Am I subject to this subpart? A of the General Provisions, a source 63.11515 What are my compliance dates? § 63.14 Incorporations by reference. may apply to EPA for permission to use Standards and Compliance Requirements alternative test methods or alternative * * * * * monitoring requirements in place of any (b) * * * 63.11516 What are my standards and (25) ASTM D6093–97 (Reapproved management practices? required testing methods, performance 63.11517 What are my monitoring specifications, or procedures. 2003), Standard Test Method for Percent requirements? Volume Nonvolatile Matter in Clear or 63.11518 [Reserved] J. Executive Order 12898: Federal Pigmented Coatings Using a Helium Gas Actions To Address Environmental 63.11519 What are my notification, Pycnometer, IBR approved for recordkeeping, and reporting Justice in Minority Populations and §§ 63.3161(f)(1), 63.3521(b)(1), requirements? Low-Income Populations 63.3941(b)(1), 63.4141(b)(1), 63.11520 [Reserved] Executive Order 12898 (59 FR 7629, 63.4741(b)(1), 63.4941(b)(1), 63.5160(c), Other Requirements and Information February 16, 1994) establishes Federal and 63.11516(e)(3)(ii)(A). (26) ASTM D1475–98, Standard Test 63.11521 Who implements and enforces executive policy on environmental this subpart? justice. Its main provision directs Method for Density of Liquid Coatings, 63.11522 What definitions apply to this Federal agencies, to the greatest extent Inks, and Related Products, IBR subpart? practicable and permitted by law, to approved for §§ 63.3151(b), 63.11523 What General Provisions sections make environmental justice part of their 63.3941(b)(4), 63.3941(c), 63.3951(c), apply to this subpart? 63.4141(b)(3), 63.4141(c), 63.4551(c), mission by identifying and addressing, Tables to Subpart XXXXXX as appropriate, disproportionately high 63.11516(e)(3)(iii), 63.11516(e)(3)(iv), Table 1 to Subpart XXXXXX of Part 63— and adverse human health or 63.11516(e)(4)(iii), and 63.11516(e)(4)(iv). Description of Source Categories Affected environmental effects of their programs, by This Subpart policies, and activities on minority * * * * * Table 2 to Subpart XXXXXX of Part 63— populations and low-income (66) ASTM D2697–03, Standard Test Default Organic HAP Mass Fraction for populations in the United States. Method for Volume Nonvolatile Matter Solvents and Solvent Blends
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Table 3 to Subpart XXXXXX of Part 63— collection of all equipment and comply with the provisions of this Default Organic HAP Mass Fraction for activities necessary to perform dry subpart. Petroleum Solvent Groups grinding and dry polishing with Table 4 to Subpart XXXXXX of Part 63— machines metal fabrication or finishing § 63.11515 What are my compliance Applicability of General Provisions to dates? operations which use MFHAP or Metal Fabrication or Finishing Area (a) If you own or operate an existing Sources perform metal fabrication or finishing operations that have the potential to affected source, you must achieve Subpart XXXXXX—National Emission emit MFHAP. compliance with the applicable Standards for Hazardous Air Pollutants (4) A spray painting metal fabrication provisions in this subpart within two Area Source Standards for 9 Metal or finishing affected source is the years of the date of publication of the Fabrication and Finishing Source collection of all equipment and final rule in the Federal Register, except Categories Applicability and activities necessary to perform spray- for spray painter training required by Compliance Dates applied painting operations on metal § 63.11516(d)(8), ‘‘Standards for control substrates using paints which contain of MFHAP in spray painting.’’ § 63.11514 Am I subject to this subpart? VOHAP or MFHAP. A spray painting (b) If you start up a new affected (a) You are subject to this subpart if metal fabrication or finishing affected source after the date of publication of you own or operate an area source of source includes all equipment used to the final rule in the Federal Register, metal fabrication or finishing metal HAP apply cleaning materials to a substrate you must achieve compliance with the (MFHAP), defined to be the compounds to prepare it for paint application provisions in this subpart upon startup of cadmium, chromium, lead, (surface preparation) or to remove dried of your affected source. manganese, and nickel, or a source of paint; to apply a paint to a substrate Standards and Compliance volatile organic HAP (VOHAP) from (paint application) and to dry or cure Requirements spray painting operations, which the paint after application; or to clean performs metal fabrication or finishing paint operation equipment (equipment § 63. 11516 What are my standards and operations in one of the following nine cleaning). If you are subject to the management practices? source categories listed in paragraphs provisions of this subpart, you are not (a) Dry abrasive blasting metal (a)(1) through (9) of this section. subject to the provisions of subpart fabrication or finishing standards. If you Descriptions of these source categories HHHHHH of this part, National own or operate a new or existing dry are shown in Table 1 of this subpart. Emission Standards for Hazardous Air abrasive blasting metal fabrication or (1) Electrical and Electronic Pollutants: Paint Stripping and finishing affected source you must Equipment Finishing Operations; Miscellaneous Surface Coating comply with the requirements in (2) Fabricated Metal Products; Operations at Area Sources, for affected paragraphs (a)(1) through (3) of this (3) Fabricated Plate Work (Boiler source(s) subject to the requirements of section, as applicable. Shops); paragraphs (b)(1) through (5) of this (1) Standards for dry abrasive blasting (4) Fabricated Structural Metal section. of objects less than or equal to 8 feet in Manufacturing; (5) A welding metal fabrication or any one dimension, performed in totally (5) Heating Equipment, except finishing affected source is the enclosed and unvented blast chambers. Electric; collection of all equipment and If you own or operate a new or existing (6) Industrial Machinery and activities necessary to perform welding dry abrasive blasting metal fabrication Equipment: Finishing Operations; (7) Iron and Steel Forging; operations which use MFHAP, or or finishing affected source which (8) Primary Metal Products perform metal fabrication or finishing consists of an abrasive blasting chamber Manufacturing; and operations that have the potential to that is totally enclosed and unvented, as (9) Valves and Pipe Fittings. emit MFHAP. defined in § 63.11522, ‘‘Definitions,’’ (b) The provisions of this subpart (c) An affected source is existing if you must implement management apply to each new and existing affected you commenced construction or practices to minimize emissions of source listed and defined in paragraphs reconstruction of the affected source, as MFHAP. These management practices (b)(1) through (5) of this section at all defined in § 63.2, ‘‘General Provisions’’ are the practices specified in paragraph times. to part 63, before April 3, 2008. (a)(1)(i) of this section. You must (1) A dry abrasive blasting metal (d) An affected source is new if you demonstrate that management practices fabrication or finishing affected source commenced construction or are being implemented by complying is the collection of all equipment and reconstruction of the affected source, as with the requirements in paragraphs activities necessary to perform dry defined in § 63.2, ‘‘General Provisions’’ (a)(1)(ii) through (iv) of this section. abrasive blasting operations, which use to part 63, on or after April 3, 2008. (i) Management practices for totally MFHAP or perform metal fabrication or (e) This subpart does not apply to enclosed and unvented abrasive blasting finishing operations that have the research or laboratory facilities, as chamber affected sources are to: potential to emit MFHAP. defined in section 112(c)(7) of the Clean (A) Minimize dust generation during (2) A machining metal fabrication or Air Act (CAA). emptying of abrasive blasting finishing affected source is the (f) This subpart does not apply to tool enclosures; and collection of all equipment and or equipment repair operations, or (B) Operate all equipment associated activities necessary to perform facility maintenance as defined in with dry abrasive blasting operations machining metal fabrication or finishing § 63.11522, ‘‘Definitions.’’ according to the manufacturer’s operations which use MFHAP or (g) You are exempt from the instructions. perform metal fabrication or finishing obligation to obtain a permit under 40 (ii) You must perform visual operations that have the potential to CFR part 70 or 40 CFR part 71, provided determinations of fugitive emissions as emit MFHAP. you are not otherwise required by law specified in § 63.11517(b), ‘‘Monitoring (3) A dry grinding and dry polishing to obtain a permit under 40 CFR 70.3(a) Requirements,’’ in close proximity to with machines metal fabrication or or 40 CFR 71.3(a). Notwithstanding the the total enclosed and unvented dry finishing affected source is the previous sentence, you must continue to abrasive blasting chamber.
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(iii) You must keep a record of all vacuuming dust once per day, once per (i) Management practices for outdoor visual determinations of fugitive shift, or once per operation, as needed dry abrasive blasting metal fabrication emissions along with any corrective depending on the severity of dust or finishing affected sources are the actions taken in accordance with the generation; and practices specified in paragraphs requirements in § 63.11519(c)(2), (B) You must enclose dusty material (a)(3)(i)(A) through (G) of this section. ‘‘Notification, recordkeeping, and storage areas and holding bins, seal (A) Keep work areas free of excess reporting requirements.’’ chutes and conveyors; and MFHAP material by sweeping or (iv) If visible fugitive emissions are (C) You must operate all equipment vacuuming dust once per day, once per detected, you must comply with the associated with dry abrasive blasting shift, or once per operation, as needed requirements in paragraphs (a)(1)(iv)(A) operations according to manufacturer’s depending on the severity of dust and (B) of this section. instructions. generation; and (A) Perform corrective actions as (iii) To demonstrate that management (B) Enclose dusty material storage needed until the visible emissions are practices are being implemented, you areas and holding bins, seal chutes and eliminated, at which time you must must perform visual determinations of conveyors; and perform a follow-up inspection for fugitive emissions as specified in (C) Operate all equipment associated visible emissions in accordance with § 63.11517(b), ‘‘Monitoring with dry abrasive blasting operations § 63.11517(a), ‘‘Monitoring Requirements,’’ at the outlet of the vent according to manufacturer’s Requirements.’’ Corrective actions or stack to which the dry abrasive instructions; and include, but are not limited to, blasting operation and any control (D) No dry abrasive blasting shall be inspection and repositioning of the system are vented. performed during a wind event, as blasting chamber, adjusting the blasting (iv) You must keep a record of all defined in § 63.11522, ‘‘Definitions;’’ mechanism, and repairing leaks. visual determinations of fugitive and (B) Report all instances when visible (E) No dry abrasive blasting shall be emissions along with any corrective emissions are detected, along with the performed on substrates having paints action taken in accordance with the corrective actions taken and the results containing lead (greater than 0.1 percent requirements in § 63.11519(c)(2), of subsequent follow-up determinations lead) unless enclosures or barriers are ‘‘Notification, recordkeeping, and for visible emissions, along with your employed, or similar precautions are reporting requirements.’’ annual compliance report, as required taken to collect the lead-bearing (v) If visible fugitive emissions are by § 63.11519(b)(5), ‘‘Notification, emissions or prevent them from being detected, perform corrective actions as recordkeeping, reporting requirements.’’ dispersed; and (2) Standards for dry abrasive blasting needed until the visible fugitive (F) Dry abrasive blasting media shall of objects less than or equal to 8 feet in emissions are eliminated, at which time not be re-used unless contaminants (i.e., any one dimension, performed in vented you must comply with the requirements any material other than the base metal, enclosures. If you own or operate a new in paragraphs (a)(2)(v)(A) and (B) of this such as paint residue) have been or existing dry abrasive blasting metal section. removed by filtration or screening, and fabrication or finishing affected source (A) Perform a follow-up inspection for the abrasive material conforms to its which consists of a dry abrasive blasting visible fugitive emissions in accordance original size; and operation which has a vent allowing any with § 63.11517(a), ‘‘Monitoring (G) Whenever practicable, switch air or blast material to escape, you must Requirements.’’ Corrective actions from high particulate matter (PM)- comply with the requirements in include, but are not limited to, emitting blast media (e.g., sand) to low paragraphs (a)(2)(i) through (v) of this inspecting and replacing filters; and PM-emitting blast media (e.g., steel shot, section. As an alternative, dry abrasive inspecting, repairing, and/or correcting aluminum oxide.), where PM is a blasting operations for which the items enclosure and exhaust air flow, so that surrogate for MFHAP. to be blasted exceed 8 feet (2.4 meters) the enclosure air is directed into the (ii) You must perform visual in any dimension, may be performed filtration device. determinations of fugitive emissions, as outdoors, subject to the requirements in (B) Report all instances where visible specified in § 63.11517(b), ‘‘Monitoring paragraph (a)(3) of this section. emissions are detected, along with any Requirements,’’ at the fenceline or (i) You must capture emissions and corrective action taken and the results of property border nearest to the outdoor vent them to a filtration control device. subsequent follow-up inspections for dry abrasive blasting operation. You must demonstrate compliance with visible emissions, along with your (iii) Keep a record of all visual this requirement by maintaining a annual compliance report, as required determinations of fugitive emissions record of the manufacturer’s by § 63.11519(b)(5), ‘‘Notification, along with any corrective action taken specifications for the capture and recordkeeping, and reporting in accordance with the requirements in control devices, as specified by the requirements.’’ § 63.11519(c)(2), ‘‘Notification, requirements in § 63.11519(c)(4), (3) Standards for dry abrasive blasting recordkeeping, and reporting ‘‘Notification, recordkeeping, and of objects greater than 8 feet in any one requirements.’’ reporting requirements.’’ If you control dimension. If you own or operate a new (iv) If visible fugitive emissions are emissions with a device other than a or existing dry abrasive blasting metal detected, perform corrective actions filtration device, you must establish that fabrication or finishing affected source until the visible fugitive emissions are the alternate control device is at least which consists of a dry abrasive blasting eliminated, at which time you must equivalent, according to § 63.6(g) of the operation which is performed outdoors, comply with the requirements in ‘‘General Provisions’’ to part 63. you must implement management paragraphs (a)(3)(iv)(A) and (B) of this (ii) You must implement the practices to minimize emissions of section. management practices to minimize MFHAP as specified in paragraph (A) Perform a follow-up inspection for emissions of MFHAP as specified in (a)(3)(i) of this section. You must visible fugitive emissions in accordance paragraphs (a)(2)(ii)(A) through (C) of demonstrate that management practices with § 63.11517(a), ‘‘Monitoring this section. are being implemented by complying Requirements.’’ (A) You must keep work areas free of with the requirements in paragraphs (B) Report all instances where visible excess MFHAP material by sweeping or (a)(3)(ii) through (iv) of this section. emissions are detected, along with any
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corrective action taken and the results of fabrication or finishing affected source, and the results of subsequent follow-up subsequent follow-up inspections for you must comply with the requirements inspections for visible emissions, along visible emissions, along with your of paragraphs (c)(1) through (5) of this with your annual compliance report as annual compliance report as required by section. required by § 63.11519(b)(5), § 63.11519(b)(5), ‘‘Notification, (1) You must capture emissions and ‘‘Notification, recordkeeping, and recordkeeping, and reporting vent them to a filtration control device. reporting requirements.’’ requirements.’’ You must demonstrate compliance with (d) Standards for control of MFHAP in (b) Standards for machining. If you this requirement by maintaining a spray painting. If you own or operate a own or operate a new or existing record of the manufacturer’s new or existing spray painting metal machining metal fabrication or finishing specifications for the capture and fabrication or finishing affected source, affected source, you must implement control devices, as specified by the as defined in § 63.11522, ‘‘Definitions,’’ management practices to minimize requirements in § 63.11519(c)(4), you must implement the management emissions of MFHAP as specified in ‘‘Notification, recordkeeping, and practices in paragraphs (d)(1) through paragraph (b)(1) of this section. You reporting requirements.’’ If you control (9) of this section. must demonstrate that management emissions with a device other than a (1) Standards for spray painting practices are being implemented by filtration device, you must establish that objects less than or equal to 15 feet in complying with the requirements in the alternate control device is at least any dimension for MFHAP control. All paragraphs (b)(2) through (4) of this equivalent, according to § 63.6(g) of the paints applied via spray-applied section. ‘‘General Provisions’’ to part 63. painting to objects which do not exceed (1) Machining affected sources must (2) You must implement management 15 feet (4.57 meters) in any dimension, comply with the management practices practices to minimize emissions of must be applied in a spray booth or specified in paragraphs (b)(1)(i) and (ii) MFHAP as specified in paragraphs preparation station that meets the of this section. (c)(2)(i) and (ii) of this section. requirements of paragraphs (d)(1)(i) (i) Keep work areas free of excess (i) Keep work areas free of excess through (iii) of this section. MFHAP material by sweeping or MFHAP material by sweeping or (i) Spray booths and preparation vacuuming once per day, once per shift, vacuuming once per day, once per shift, stations must have a full roof, at least or once per operation, as needed or once per operation, as needed two complete walls, and one or two depending on the severity of dust depending on the severity of dust complete side curtains or other barrier generation; and generation; material so that all four sides are (ii) Operate all equipment associated (ii) Operate all equipment associated covered. The spray booths must be with machining according to with the operation of dry grinding and ventilated so that air is drawn into the manufacturer’s instructions. dry polishing with machines, including booth and leaves only through the filter. (2) You must perform visual the emission control system, according The roof may contain narrow slots for determinations of fugitive emissions, as to manufacturer’s instructions. connecting fabricated products to specified in § 63.11517(b), ‘‘Monitoring (3) To demonstrate that the overhead cranes, and/or for cords or Requirements,’’ at an exit or opening of management practices are being cables. the building containing the machining implemented, you must perform visual (ii) All spray booths, preparation metal fabrication or finishing operation. determinations of fugitive emissions, as stations, and mobile enclosures must be (3) You must keep a record of all specified in § 63.11517(b), ‘‘Monitoring fitted with a type of filter technology visual determinations of fugitive Requirements,’’ at an exit or opening of that is demonstrated to achieve at least emissions along with any corrective the building containing the dry grinding 98 percent capture of MFHAP. The action taken in accordance with the and dry polishing with machines. procedure used to demonstrate filter requirements in § 63.11519(c)(2), (4) You must keep a record of all efficiency must be consistent with the ‘‘Notification, recordkeeping, and visual determinations of fugitive American Society of Heating, reporting requirements.’’ emissions along with any corrective Refrigerating, and Air-Conditioning (4) If visible fugitive emissions are action taken in accordance with the Engineers (ASHRAE) Method 52.1, detected, perform corrective actions requirements in § 63.11519(c)(2), ‘‘Gravimetric and Dust-Spot Procedures until the visible fugitive emissions are ‘‘Notification, recordkeeping, and for Testing Air-Cleaning Devices Used eliminated, at which time you must reporting Requirements.’’ in General Ventilation for Removing comply with the requirements in (5) If visible fugitive emissions are Particulate Matter, June 4, 1992’’ paragraphs (b)(4)(i) and (ii) of this detected, perform corrective actions (incorporated by reference, see § 63.14 section. until the visible fugitive emissions are of subpart A of this part). The test (i) You must perform a follow-up eliminated, at which time you must coating for measuring filter efficiency inspection for visible fugitive emissions comply with the requirements in shall be a high solids bake enamel in accordance with § 63.11517(a), paragraphs (c)(5)(i) and (ii) of this delivered at a rate of at least 135 grams ‘‘Monitoring Requirements.’’ section. Corrective actions include, but per minute from a conventional (non- (ii) You must report all instances are not limited to, inspecting and HVLP) air-atomized spray gun operating where visible emissions are detected, replacing filters; inspecting, repairing, at 40 pounds per square inch (psi) air along with any corrective action taken and/or correcting the operation of the pressure; the air flow rate across the and the results of subsequent follow-up emission capture equipment and air filter shall be 150 feet per minute. inspections for visible emissions, along flow into the capture system; and Owners and operators may use with your annual compliance report as increasing the capture efficiency. published filter efficiency data provided required by § 63.11519(b)(5), (i) You must perform a follow-up by filter vendors to demonstrate ‘‘Notification, recordkeeping, and inspection for visible fugitive emissions compliance with this requirement and reporting requirements.’’ in accordance with § 63.11517(a), are not required to perform this (c) Standards for dry grinding and dry ‘‘Monitoring Requirements.’’ measurement. polishing with machines. If you own or (ii) You must report all instances (iii) You must perform regular operate a new or existing dry grinding where visible emissions are detected, inspection and replacement of the filters and dry polishing with machines metal along with any corrective action taken in all spray booths, preparation stations,
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and mobile enclosures according to (5) Spray painting worker successful completion of the required manufacturer instructions, and maintain certification. All workers performing training. Alternatively, owners and documentation of these activities, as painting must be certified that they have operators who can show by detailed in § 63.11519(c)(5), completed training in the proper spray documentation or certification that a ‘‘Notification, recordkeeping, and application of paints and the proper painter’s work experience and/or reporting requirements.’’ setup and maintenance of spray training has resulted in training (iv) As an alternative compliance equipment. The minimum requirements equivalent to the training required in requirement, spray booths equipped for training and certification are paragraph (d)(6)(ii) of this section are with a water curtain, called described in paragraph (d)(6) of this not required to provide the initial ‘‘waterwash’’ or ‘‘waterspray’’ booths section. The spray application of paint training required by that paragraph to that are operated and maintained is prohibited by persons who are not these painters. according to the manufacturer’s certified as having completed the (7) Records of spray painting training. specifications and that achieve at least training described in paragraph (d)(6) of You must maintain records of employee 98 percent control of MFHAP, may be this section. The requirements of this training certification for use of HVLP or used in lieu of the spray booths paragraph do not apply to the students other high transfer efficiency spray requirements of paragraphs (d)(1)(i) of an accredited painting training paint delivery methods as detailed in through (iii) of this section. program who are under the direct § 63.11519(c)(7), ‘‘Notification, (2) Standards for spray painting of all supervision of an instructor who meets recordkeeping, and reporting objects for MFHAP control. All paints the requirements of this paragraph. The requirements.’’ applied via spray-applied painting must requirements of this paragraph do not (8) Spray painting training dates. As be applied with a high-volume, low- apply to operators of robotic or required by paragraph (d)(5) of this section, all new and existing personnel pressure (HVLP) spray gun, electrostatic automated painting operations. at an affected spray painting metal application, airless spray gun, air- (6) Spray painting training program fabrication or finishing affected source, assisted airless spray gun, or an content. Each owner or operator of an including contract personnel, who spray equivalent technology that is affected spray painting metal fabrication apply paints must be trained by the demonstrated to achieve transfer or finishing affected source must ensure dates specified in paragraphs (d)(8)(i) efficiency comparable to one of these and certify that all new and existing and (ii) of this section. spray gun technologies for a comparable personnel, including contract personnel, who spray apply paints are trained in (i) If your source is a new source, all operation, and for which written personnel must be trained and certified approval has been obtained from the the proper application of paints as required by paragraph (d)(5) of this no later than 180 days after hiring or no Administrator. The procedure used to later than 180 days after April 3, 2008, demonstrate that spray gun transfer section. The training program must include, at a minimum, the items listed whichever is later. Training that was efficiency is equivalent to that of an completed within 5 years prior to the HVLP spray gun must be equivalent to in paragraphs (d)(6)(i) through (iii) of this section. date training is required, and that meets the California South Coast Air Quality the requirements specified in paragraph Management District’s ‘‘Spray (i) A list of all current personnel by name and job description who are (d)(6)(ii) of this section satisfies this Equipment Transfer Efficiency Test requirement and is valid for a period not Procedure for Equipment User, May 24, required to be trained; (ii) Hands-on, or in-house or external to exceed 5 years after the date the 1989’’ and ‘‘Guidelines for classroom instruction that addresses, at training is completed. Demonstrating Equivalency with a minimum, initial and refresher (ii) If your source is an existing District Approved Transfer Efficient training in the topics listed in source, all personnel must be trained Spray Guns, September 26, 2002’’ paragraphs (d)(6)(ii)(A) through (D) of and certified no later than 60 days after (incorporated by reference, see § 63.14 this section. hiring or no later than 6 months after of subpart A of this part). (A) Spray gun equipment selection, April 3, 2008, whichever is later. (3) Spray system recordkeeping. You set up, and operation, including Worker training that was completed must maintain documentation of the measuring coating viscosity, selecting within 5 years prior to the date training HVLP or other high transfer efficiency the proper fluid tip or nozzle, and is required, and that meets the spray paint delivery methods, as achieving the proper spray pattern, air requirements specified in paragraph detailed in § 63.11519(c)(6), pressure and volume, and fluid delivery (d)(6)(ii) of this section satisfies this ‘‘Notification, recordkeeping, and rate. requirement and is valid for a period not reporting requirements.’’ (B) Spray technique for different types to exceed 5 years after the date the (4) Spray gun cleaning. All cleaning of of paints to improve transfer efficiency training is completed. paint spray guns must be done with and minimize paint usage and (9) Duration of training validity. either non-HAP gun cleaning solvents, overspray, including maintaining the Training and certification will be valid or in such a manner that an atomized correct spray gun distance and angle to for a period not to exceed 5 years after mist of spray of gun cleaning solvent the part, using proper banding and the date the training is completed, and and paint residue is not created outside overlap, and reducing lead and lag all personnel must receive refresher of a container that collects used gun spraying at the beginning and end of training that meets the requirements of cleaning solvent. Spray gun cleaning each stroke. this section and be re-certified every 5 may be done with, for example, hand (C) Routine spray booth and filter years. cleaning of parts of the disassembled maintenance, including filter selection (e) Standards for VOHAP from spray gun in a container of solvent, by and installation. painting. For a new or existing spray flushing solvent through the gun (D) Environmental compliance with painting metal fabrication or finishing without atomizing the solvent and paint the requirements of this subpart. affected source, as defined in residue, or by using a fully enclosed (iii) A description of the methods to § 63.11522, ‘‘Definitions,’’ you must spray gun washer. A combination of be used at the completion of initial or comply with the limits specified in these non-atomizing methods may also refresher training to demonstrate, either paragraph (e)(1) or (e)(2) of this be used. document, and provide certification of section. You must demonstrate these
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limits are being implemented by generated by the test methods specified subpart PPPP (Plastic Parts NESHAP) of complying with the requirements in in paragraphs (e)(3)(i)(B) through (E) of this part, rather than EPA Method 24. paragraph (e)(3) or (e)(4) of this section, this section, such as manufacturer’s You may use the volatile fraction that is as applicable. You must also implement formulation data or material safety data emitted, as measured by the alternative the management practices specified in sheets (MSDS), if it represents each method in appendix A to subpart PPPP paragraph (e)(5) of this section to VOHAP that is present at 0.1 percent by (Plastic Parts NESHAP) of this part, as minimize VOHAP emissions from mass or more for Occupational Safety a substitute for the mass fraction of mixing and storage. and Health Administration (OSHA)— VOHAP. (1) Paint VOHAP content limit option. defined carcinogens as specified in 29 (D) Alternative method. You may use Limit the VOHAP content of all paints CFR 1910.1200(d)(4) and at 1.0 percent an alternative test method for applied via spray applied coating by mass or more for other compounds. determining the mass fraction of operations to no more than 3 pounds of For example, if toluene (not an OSHA VOHAP once the Administrator has volatile organic HAP per gallon (lb/gal) carcinogen) is 0.5 percent of the approved it. You must follow the (0.36 kg/l) paint solids, in accordance material by mass, you do not have to procedure in § 63.7(f) to submit an with paragraphs (e)(1)(i) through (iii) of count it. For reactive adhesives in alternative test method for approval. this section. which some of the HAP react to form (E) Solvent blends. Solvent blends (i) You may use the VOHAP content solids and are not emitted to the may be listed as single components for limit option for any individual painting atmosphere, you may rely on some materials in data provided by operation, for any group of painting manufacturer’s data that expressly states manufacturers or suppliers. Solvent operations in the affected source, or for the VOHAP or volatile matter mass blends may contain VOHAP which must all the painting operations in the fraction emitted. If there is a be counted toward the total VOHAP affected source. disagreement between such information mass fraction of the materials. When test (ii) You may not use any thinner and/ and results of a test conducted data and manufacturer’s data for solvent or other additive that contains VOHAP according to paragraphs (e)(3)(i)(B) blends are not available, you may use as determined according to paragraph through (D) of this section, then the test the default values for the mass fraction (e)(3)(i) of this section. method results will take precedence of VOHAP in these solvent blends listed (iii) You must use the procedures in unless, after consultation, you in Table 2 or 3 to this subpart. If you this section on each paint, thinner and/ demonstrate to the satisfaction of the use the tables, you must use the values or other additive in the condition it is enforcement agency that the formulation in Table 2 for all solvent blends that in when it is received from its data are correct. match Table 2 entries according to the manufacturer or supplier and prior to (B) Method 311. You may use EPA instructions for Table 2, and you may any alteration. Method 311 (appendix A to 40 CFR part use Table 2 only if the solvent blends in (iv) You do not need to determine the 63, ‘‘Test Methods’’) for determining the the materials you use do not match any VOHAP content of paints, thinners and/ mass fraction of VOHAP. Use the of the solvent blends in Table 2 and you or other additives that are reclaimed on- procedures specified in paragraphs know only whether the blend is site (or reclaimed off-site if you have (e)(3)(i)(B)(1) and (2) of this section aliphatic or aromatic. However, if the documentation showing that you when performing an EPA Method 311 results of an EPA Method 311 test received back the exact same materials test. indicate higher values than those listed that were sent off-site) and reused in the (1) Count each VOHAP that is on Table 2 or 3 to this subpart, the EPA painting operation for which you use measured to be present at 0.1 percent by Method 311 results will take precedence the VOHAP content limit option, mass or more for OSHA-defined unless, after consultation, you provided these materials in their carcinogens as specified in 29 CFR demonstrate to the satisfaction of the condition as received were 1910.1200(d)(4) and at 1.0 percent by enforcement agency that the formulation demonstrated to comply with the mass or more for other compounds. For data are correct. VOHAP content limit option. example, if toluene (not an OSHA (ii) Determine the volume fraction of (2) Weighted-average paint VOHAP carcinogen) is measured to be 0.5 paint solids. You must determine the content limit option. Limit the VOHAP percent of the material by mass, you do volume fraction of paint solids (liters content of the total mass of paints not have to count it. Express the mass (gal) of paint solids per liter (gal) of applied via spray-applied coating fraction of each VOHAP you count as a paint) for each paint used during the operations to no more than 3 lb/gal (0.36 value truncated to four places after the compliance period by a test, by kg/l) paint solids on a 12-month rolling decimal point (e.g., 0.3791). calculation, or by information provided weighted-average basis. (2) Calculate the total mass fraction of by the supplier or the manufacturer of (3) Compliance with paint VOHAP VOHAP in the test material by adding the material, using one of the options in content limit option. If you comply with up the individual VOHAP mass paragraphs (e)(3)(ii)(A) through (C) of the VOHAP content limit in paragraph fractions and truncating the result to this section. If test results obtained (e)(1) of this section, you must three places after the decimal point (e.g., according to paragraph (e)(3)(ii)(A) of demonstrate compliance by complying 0.763). this section do not agree with the with the requirements in paragraphs (C) Method 24. For paints, as defined information obtained under paragraph (e)(3)(i) through (vi) of this section. in § 63.11522, ‘‘Definitions,’’ you may (e)(3)(ii)(B) or (C) of this section, the test (i) Determine the mass fraction of use EPA Method 24 (appendix A to 40 results will take precedence unless, after VOHAP. You must determine the mass CFR part 60, ‘‘Test Methods’’) to consultation, you demonstrate to the fraction of VOHAP for each paint, determine the mass fraction of satisfaction of the enforcement agency thinner and/or other additive used nonaqueous volatile matter and use that that the formulation data are correct. during the compliance period by using value as a substitute for mass fraction of (A) ASTM Method D2697–03 or one of the options in paragraphs VOHAP. For reactive adhesives in ASTM Method D6093–97 (Reapproved (e)(3)(i)(A) through (E) of this section. which some of the HAP react to form 2003). You may use ASTM Method (A) Information from the supplier or solids and are not emitted to the D2697–03, ‘‘Standard Test Method for manufacturer of the material. You may atmosphere, you may use the alternative Volume Nonvolatile Matter in Clear or rely on information other than that method contained in appendix A to Pigmented Coatings’’ (incorporated by
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reference, see § 63.14), or ASTM Method between ASTM Method D1475–98 test the applicable limit in paragraph (e)(1) D6093–97 (Reapproved 2003), results and the supplier’s or of this section, or any thinner and/or ‘‘Standard Test Method for Percent manufacturer’s information, the test other additive used contained any Volume Nonvolatile Matter in Clear or results will take precedence unless, after VOHAP, this is an exceedence of the Pigmented Coatings Using a Helium Gas consultation you demonstrate to the limitation for that compliance period Pycnometer’’ (incorporated by reference, satisfaction of the enforcement agency and must be reported as specified in see § 63.14), to determine the volume that the formulation data are correct. § 63.11519(b)(8)(i), ‘‘Notification, fraction of paint solids for each paint. (v) Determine the VOHAP content of recordkeeping, and reporting Divide the nonvolatile volume percent each paint. Calculate the VOHAP requirements.’’ obtained with the methods by 100 to content, kg (lb) of VOHAP emitted per (4) Compliance with weighted-average calculate volume fraction of paint liter (gal) paint solids used, of each paint VOHAP content limit option. If solids. paint used during the compliance you comply with the weighted-average (B) Alternative method. You may use period using Equation 2 of this section: VOHAP content in paragraph (e)(2) of an alternative test method for this section, you must demonstrate ()()DW compliance by complying with the determining the solids content of each = cc Hc (.)Eq 2 requirements in paragraphs (e)(4)(i) coating once the Administrator has V approved it. You must follow the s through (ix) of this section. When procedure in § 63.7(f) to submit an Where: calculating the weighted-average alternative test method for approval. Hc = Organic HAP content of the paint, kg VOHAP content according to this (C) Information from the supplier or organic HAP emitted per liter (gal) paint section, do not include any paints, manufacturer of the material. You may solids used. thinners and/or other additives used on obtain the volume fraction of paint Dc = Density of paint, kg paint per liter (gal) painting operations for which you use solids for each paint from the supplier paint, determined according to the HAP content limit option of paragraph (e)(3)(iv) of this section. or manufacturer. paragraph (e)(1) of this section. You do Wc = Mass fraction of organic HAP in the (iii) Calculation of volume fraction of paint, kg organic HAP per kg paint, not need to determine the mass of paint solids. You may determine the determined according to paragraph VOHAP in paints, thinners and/or other volume fraction of paint solids using (e)(3)(i) of this section. additives that have been reclaimed on- Equation 1 of this section: Vs = Volume fraction of paint solids, liter site (or reclaimed off-site if you have (gal) paint solids per liter (gal) paint, documentation showing that you m determined according to paragraph received back the exact same materials =− volatiles (e)(3)(ii) of this section. Vs 11(.)Eq that were sent off-site) and reused in the Davg (vi) Compliance demonstration for painting operation. If you use paints, Where: paint VOHAP content limit option. To thinners and/or other additives that
Vs = Volume fraction of paint solids, liters demonstrate continuous compliance, have been reclaimed on-site, the amount (gal) paint solids per liter (gal) paint. you must comply with the requirements of each used in a month may be reduced m = Total volatile matter content of the paint, in paragraphs (e)(3)(vi)(A) through (D) of by the amount of each that is reclaimed. including HAP, volatile organic this section. That is, the amount used may be compounds (VOC), water, and exempt (A) The calculated VOHAP content calculated as the amount consumed to compounds, determined according to for each paint used must be less than or account for materials that are reclaimed. EPA Method 24, grams volatile matter equal to the applicable HAP content (i) Mass fraction of VOHAP. per liter paint. limit in paragraph (e)(1) of this section, Determine the mass fraction of VOHAP Davg = Average density of volatile matter in the paint, grams volatile matter per liter and each thinner and/or other additive for each paint, thinner and/or other volatile matter, determined from test used must contain no VOHAP, additive used during each month results using ASTM Method D1475–98, determined according to paragraph according to the requirements in ‘‘Standard Test Method for Density of (e)(3)(i) of this section. paragraph (e)(3)(i) of this section. Liquid Coatings, Inks, and Related (B) You must keep all records (ii) Volume fraction of paint solids. Products’’ (incorporated by reference, see required by § 63.11519(c)(8) and (9), Determine the volume fraction of paint § 63.14), information from the supplier ‘‘Notification, recordkeeping, and solids for each paint used during each or manufacturer of the material, or month according to the requirements in reference sources providing density or reporting requirements.’’ specific gravity data for pure materials. (C) As part of the notification of paragraph (e)(3)(ii) of this section. If there is disagreement between ASTM compliance status required in (iii) Density of materials. Determine Method D1475–98 test results and other § 63.11519(a)(2), ‘‘Notification, the density of each liquid paint, thinner information sources, the test results will recordkeeping, and reporting and/or other additive used during each take precedence unless, after requirements,’’ you must identify the month from test results using ASTM consultation you demonstrate to the paint operation(s) for which you used Method D1475–98, ‘‘Standard Test satisfaction of the enforcement agency the VOHAP content limit option and Method for Density of Liquid Coatings, that the formulation data are correct. submit a statement that the paint Inks, and Related Products’’ (iv) Determine the density of each operation(s) was (were) in compliance (incorporated by reference, see § 63.14), paint. Determine the density of each with the HAP content limit because you information from the supplier or paint used during the compliance used no paints for which the VOHAP manufacturer of the material, or period from test results using ASTM content exceeded the applicable limit in reference sources providing density or Method D1475–98, ‘‘Standard Test paragraph (e)(1) of this section, and you specific gravity data for pure materials. Method for Density of Liquid Coatings, used no thinners and/or other additives If there is disagreement between ASTM Inks, and Related Products’’ that contained VOHAP, determined Method D1475–98 test results and other (incorporated by reference, see § 63.14), according to the procedures in such information sources, the test information from the supplier or paragraphs (e)(3)(i) through (v) of this results will take precedence unless, after manufacturer of the material can be section. consultation you demonstrate to the used, or specific gravity data for pure (D) If at any time the calculated satisfaction of the enforcement agency chemicals. If there is disagreement VOHAP content for any paint exceeded that the formulation data are correct. If
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you purchase materials or monitor Calculate the mass of VOHAP in the documentation of the amount of waste consumption by weight instead of thinners and/or other additives used materials and mass of VOHAP volume, you do not need to determine during the month using Equation 3B of contained in them. material density. Instead, you may use this section: (vii) Paint solids. Determine the total the material weight in place of the volume of paint solids used, in liters, combined terms for density and volume n ∑()()()Vol D W(. Eq 3B) which is the combined volume of paint in Equations 3A, 3B, and 4 of this tj,, tj tj , solids for all the paints used during j=1 section. each month, using Equation 4 of this (iv) Volume of materials. Determine Where: section: the volume of each paint, thinner and/ B = Total mass of organic HAP in the or other additive used during each thinners and/or other additives used m during the month, kg. = month by measurement or usage Vst∑()() Vol c,, i V s i ( Eq . 4) records. If you purchase materials or Volt, j = Total volume of thinner and/or other i=1 additive, j, used during the month, liters. monitor consumption by weight instead Where: Dt, j = Density of thinner and/or other of volume, you do not need to additive, j, kg per liter. Vst = Total volume of paint solids used determine the volume of each material Wt, j = Mass fraction of organic HAP in during the month, liters. used. Instead, you may use the material thinner and/or other additive, j, kg Volc, i = Total volume of paint, i, used during weight in place of the combined terms organic HAP per kg thinner and/or other the month, liters. for density and volume in Equations 3A additive. For reactive adhesives as Vs, i = Volume fraction of paint solids for and 3B of this section. defined in § 63.11522, ‘‘Definitions,’’ use paint, i, liter solids per liter paint, (v) Mass of VOHAP. The mass of the mass fraction of organic HAP that is determined according to paragraph VOHAP is the combined mass of emitted as determined using the method (e)(3)(ii) of this section. in appendix A to subpart PPPP of this m = Number of paints used during the VOHAP contained in all paints, thinners month. and/or other additives used during each part. n = Number of different thinners and/or other (viii) Weighted-average VOHAP month minus the VOHAP in certain additives used during the month. waste materials. Calculate the mass of Content. Calculate the weighted-average VOHAP using Equation 3 of this section. (vi) HAP in waste materials. If you VOHAP content for all the paints used choose to account for the mass of in the compliance period, in kg (lb) =++ VOHAP contained in waste materials HABRew( Eq . 3) VOHAP emitted per liter (gal) paint sent or designated for shipment to a solids used, using Equation 5 of this Where: hazardous waste TSDF in Equation 3 of section: He = Total mass of organic HAP used during this section, then you must determine the month, kg. the mass according to paragraphs n A = Total mass of organic HAP in the paints (e)(4)(vi)(A) through (D) of this section. ∑ H used during the month, kg, as calculated e (A) You may only include waste y=1 in Equation 3A of this section. = Hyr n (Eq . 5) B = Total mass of organic HAP in the materials in the determination that are thinners and/or other additives used generated by painting operations in the ∑ Vst during the month, kg, as calculated in affected source for which you use y=1 Equation 3B of this section. Equation 3 of this section and that will Where: Rw = Total mass of organic HAP in waste be treated or disposed of by a facility Hyr = Weighted-average organic HAP content materials sent or designated for shipment that is regulated as a TSDF under 40 of all paints used in the compliance to a hazardous waste treatment, storage, CFR part 262, 264, 265, or 266. The period, kg VOHAP per liter paint solids and disposal facility (TSDF) for TSDF may be either off-site or on-site. used. treatment or disposal during the month, You may not include VOHAP contained He = Total mass of organic HAP from all kg, determined according to paragraph materials used during month, y, kg, as (e)(4)(vi) of this section. (You may assign in wastewater. (B) You must determine either the calculated by Equation 3 of this section. a value of zero to R w if you do not wish V = Total volume of paint solids used to use this allowance.) amount of the waste materials sent to a st during month, y, liters, as calculated by Calculate the mass VOHAP in the TSDF during the month or the amount Equation 4 of this section. paints used during the month using collected and stored during the month y = Identifier for months. Equation 3A of this section: and designated for future transport to a n = Number of months in the compliance TSDF. Do not include in your period (n equals 12). m determination any waste materials sent ∑()()()Vol D W(. Eq 3A) to a TSDF during a month if you have (ix) Compliance demonstration for ci,, ci ci , weighted-average paint VOHAP content i=1 already included them in the amount limit option. To demonstrate continuous Where: collected and stored during that month or a previous month. compliance, you must comply with the A = Total mass of organic HAP in the paints requirements in paragraphs (e)(4)(ix)(A) used during the month, kg. (C) Determine the total mass of Vol = Total volume of paint, i, used during VOHAP contained in the waste through (F) of this section. the month, liters. materials specified in paragraph (A) Calculate the weighted-average Dc= Density of paint, i, kg paint per liter (e)(4)(vi)(A) of this section. VOHAP content for each compliance paint. (D) You must document the period using Equation 5 of this section. Wc= Mass fraction of organic HAP in paint, methodology you use to determine the A compliance period consists of 12 i, kg organic HAP per kg paint. For amount of waste materials and the total months. Each month is the end of a reactive adhesives as defined in mass of VOHAP they contain, as compliance period consisting of that § 63.11522, ‘‘Definitions,’’ use the mass fraction of organic HAP that is emitted required in § 63.11519(c)(9)(viii), month and the preceding 11 months. as determined using the method in ‘‘Notification, recordkeeping, and You must perform the calculations in appendix A to subpart PPPP of this part. reporting requirements.’’ If waste paragraph (e)(4) of this section on a m = Number of different paints used during manifests include this information, they monthly basis using data from the the month. may be used as part of the previous 12 months of operation.
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(B) If the weighted-average VOHAP cleaning materials, and waste materials (v) Operate with a welding angle close content of the total mass of paints must be stored in closed containers. to 90°; applied via spray-applied coating (ii) Spills of VOHAP-containing (vi) Optimize electrode diameter; operations for any 12-month compliance paints, thinners and/or other additives, (vii) Operate with lower voltage and period exceeded the applicable VOHAP cleaning materials, and waste materials current; content limit in paragraph (e)(2) of this must be minimized. (viii) Use low fume wires, as section this is an exceedence of the (iii) VOHAP-containing paints, appropriate to the type of welding used; VOHAP content limitation for that thinners and/or other additives, (ix) Optimize shield gas flow rate, as compliance period and must be reported cleaning materials, and waste materials applicable to the type of welding used; as specified in § 63.11519(b)(8)(ii), must be conveyed from one location to (x) Use low or optimized torch speed; ‘‘Notification, recordkeeping, and another in closed containers or pipes. and (xi) Use pulsed-current power reporting requirements.’’ (iv) Mixing vessels which contain supplies, as appropriate to the type of (C) As part of the notification of VOHAP-containing paints and other materials must be closed except when welding used. compliance status required by (3) Tier 1 compliance requirements § 63.11519(a)(2), ‘‘Notification, adding to, removing, or mixing the contents. for welding. You must perform visual recordkeeping, and reporting determinations of welding fugitive requirements,’’ you must include a list (v) Emissions of VOHAP must be minimized during cleaning of storage, emissions as specified in § 63.11517(b), of processes that will comply with the ‘‘Monitoring requirements,’’ at the weighted-average VOHAP content limit mixing, and conveying equipment. (f) Standards for welding. If you own primary vent, stack, exit, or opening option, in accordance with paragraph from the building containing the (e)(2) of this section. or operate a new or existing welding metal fabrication or finishing affected welding metal fabrication or finishing (D) As part of each annual compliance source, you must comply with the operations. You must keep a record of report required by § 63.11519(b)(1), requirements in paragraphs (f)(1) and (2) all visual determinations of fugitive ‘‘Notification, recordkeeping, and of this section. You must demonstrate emissions along with any corrective reporting requirements,’’ you must that management practices or fume action taken in accordance with the include a list of the rolling 12-month control measures are being implemented requirements in § 63.11519(c)(2), monthly calculated values of the by complying with the requirements in ‘‘Notification, recordkeeping, and VOHAP content calculated according to paragraphs (f)(3) through (8) of this reporting requirements.’’ paragraph (e)(4)(viii) of this section, for section. (4) Requirements upon initial each month for which 11 previous (1) You must operate all equipment, detection of visible emissions from consecutive months of data are capture, and control devices associated welding. If visible fugitive emissions are available. Thus, for the first annual with welding operations according to detected during any visual report, no monthly VOHAP content will manufacturer’s instructions. You must determination required in paragraph be reported, for the second, monthly demonstrate compliance with this (f)(3) of this section, you must comply VOHAP content will be reported for a requirement by maintaining a record of with the requirements in paragraphs portion of the year, and for subsequent the manufacturer’s specifications for the (f)(4)(i) and (ii) of this section. reports, a full year (12 months) of capture and control devices, as specified (i) Perform corrective actions that monthly VOHAP content will be by the requirements in § 63.11519(c)(4), include, but are not limited to, reported. ‘‘Notification, recordkeeping, and inspection of welding fume sources, and (E) As part of each annual compliance reporting requirements.’’ evaluation of the proper operation and report required by § 63.11519(b)(1), (2) You must implement management effectiveness of the management ‘‘Notification, recordkeeping, and practices, as practicable, to minimize practices or fume control measures reporting requirements,’’ you must emissions of MFHAP as specified in implemented in accordance with identify the painting operation(s) for paragraphs (f)(2)(i) through (xi) of this paragraph (f)(2) of this section. After which you used the weighted-average section. Alternatively, you may use a completing such corrective actions, you VOHAP content limit option. If there welding fume control system that must perform a follow-up inspection for were no exceedences of the VOHAP achieves at least 85 percent overall visible fugitive emissions in accordance content limitations, you must submit a control of MFHAP, and operate this with § 63.11517(a), ‘‘Monitoring statement that the painting operation equipment according to the Requirements,’’ at the primary vent, was in compliance with the VOHAP manufacturer’s specifications. stack, exit, or opening from the building content limit during the reporting (i) Use low fume welding processes containing the welding metal fabrication period because the VOHAP content for whenever possible. These welding or finishing operations. each compliance period was less than or processes include but are not limited to: (ii) Report all instances where visible equal to the applicable VOHAP limit in Gas metal arc welding (GMAW)—also emissions are detected, along with any paragraph (e)(2) of this section, called metal inert gas welding (MIG); corrective action taken and the results of determined according to paragraph gas tungsten arc welding (GTAW)—also subsequent follow-up inspections for (e)(4) of this section. called tungsten inert gas (TIG); plasma visible emissions, and submit with your (F) You must maintain records as arc welding (PAW); submerged arc annual compliance report as required by specified in § 63.11519(c)(8) and (9), welding (SAW); and all welding § 63.11519(b)(5), ‘‘Notification, ‘‘Notification, recordkeeping, and processes that do not use a consumable recordkeeping, and reporting reporting requirements.’’ electrode. requirements.’’ (5) You must implement the (ii) Use shielding gases, as appropriate (5) Tier 2 requirements upon management practices described in to the type of welding used; subsequent detection of visible paragraphs (e)(5)(i) through (v) of this (iii) Use an inert carrier gas, such as emissions. If visible fugitive emissions section to minimize VOHAP emissions argon, as appropriate to the type of are detected more than once during any from mixing and storage. welding used; consecutive 12-month period (i) All VOHAP-containing paints, (iv) Use low or no-HAP welding (notwithstanding the results of any thinners and/or other additives, materials and substrates; follow-up inspections), you must
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comply with paragraphs (f)(5)(i) through (i) You must submit a report of control methods currently employed for (iv) of this section. exceedence of 20 percent opacity, along the welding metal fabrication or (i) Within 24 hours of the end of the with your annual compliance report, as finishing affected source; visual determination of fugitive specified in § 63.11519(b)(8)(iii), (E) A description of additional emissions in which visible fugitive ‘‘Notification, recordkeeping, and management practices and/or fume emissions were detected, you must reporting requirements,’’ and according control methods to be implemented conduct a visual determination of to the requirements of § 63.11519(b)(1), pursuant to paragraph (f)(7)(ii) of this emissions opacity, as specified in ‘‘Notification, recordkeeping, and section, and the projected date of § 63.11517(c), ‘‘Monitoring reporting requirements.’’ implementation; and requirements,’’ at the primary vent, (ii) Within 30 days of the opacity (F) Any revisions to a Site-Specific stack, exit, or opening from the building exceedence, you must prepare and Welding Emissions Management Plan containing the welding metal fabrication implement a Site-Specific Welding must contain copies of all previous plan or finishing operations. Emissions Management Plan, as entries, pursuant to paragraphs (ii) In lieu of the requirement of specified in paragraph (f)(8) of this (f)(8)(i)(D) and (E) of this section. paragraph (f)(3) of this section to section. If you have already prepared a (ii) The Site-Specific Welding perform visual determinations of Site-Specific Welding Emissions Emissions Management Plan must be fugitive emissions with EPA Method 22, Management Plan in accordance with updated annually to contain current you must perform visual determinations this paragraph, you must prepare and information, as required by paragraphs of emissions opacity in accordance with implement a revised Site-Specific (f)(8)(i)(A) through (C) of this section, § 63.11517(d), ‘‘Monitoring Welding Emissions Management Plan and submitted with your annual Requirements,’’ using EPA Method 9, at within 30 days. compliance report, according to the the primary vent, stack, exit, or opening (iii) During the preparation (or requirements of § 63.11519(b)(1), from the building containing the revision) of the Site-Specific Welding ‘‘Notification, recordkeeping, and welding metal fabrication or finishing Emissions Management Plan, you must reporting requirements.’’ operations. continue to perform daily visual (iii) You must maintain a copy of the (iii) You must keep a record of each determinations of emissions opacity as current Site-Specific Welding Emissions visual determination of emissions specified in § 63.11517(c), ‘‘Monitoring Management Plan in your records in a opacity performed in accordance with Requirements,’’ using EPA Method 9, at readily-accessible location for inspector paragraphs (f)(5)(i) or (ii) of this section, the primary vent, stack, exit, or opening review, in accordance with the along with any subsequent corrective from the building containing the requirements in § 63.11519(c)(11), action taken, in accordance with the welding metal fabrication or finishing ‘‘Notification, recordkeeping, and requirements in § 63.11519(c)(3), operations. reporting requirements.’’ ‘‘Notification, recordkeeping, and (iv) You must maintain records of reporting requirements.’’ daily visual determinations of emissions § 63. 11517 What are my monitoring requirements? (iv) You must report the results of all opacity performed in accordance with visual determinations of emissions paragraph (f)(7)(iii) of this section, (a) Visual determination of fugitive opacity performed in accordance with during preparation of the Site-Specific emissions, general. Visual paragraphs (f)(5)(i) or (ii) of this section, Welding Emissions Management Plan, determination of fugitive emissions along with any subsequent corrective in accordance with the requirements in must be performed according to the action taken, and submit with your § 63.11519(b)(9), ‘‘Notification, procedures of EPA Method 22, of 40 annual compliance report as required by recordkeeping, and reporting CFR part 60, appendix A. You must § 63.11519(b)(6), ‘‘Notification, requirements.’’ conduct the EPA Method 22 test while recordkeeping, and reporting (v) You must include these records in the affected source is operating under requirements.’’ your annual compliance report, normal conditions. The duration of each (6) Requirements for opacities less according to the requirements of EPA Method 22 test must be at least 15 than 20 percent. For each visual § 63.11519(b)(1), ‘‘Notification, minutes, and visible emissions will be determination of emissions opacity recordkeeping, and reporting considered to be present if they are performed in accordance with requirements.’’ detected for more than six minutes of paragraph (f)(5) of this section for which (8) Site-Specific Welding Emissions the fifteen minute period. the average of the six-minute average Management Plan. The Site-Specific (b) Visual determination of fugitive opacities recorded is less than 20 Welding Emissions Management Plans emissions, graduated schedule. Visual percent, you must perform corrective must comply with the requirements in determinations of fugitive emissions actions, including inspection of all paragraphs (f)(8)(i) through (iii) of this must be performed in accordance with welding fume sources, and evaluation of section. paragraph (a) of this section and the proper operation and effectiveness (i) Site-Specific Welding Emissions according to the schedule in paragraphs of the management practices or fume Management Plans must contain the (b)(1) through (3) of this section. control measures implemented in information in paragraphs (f)(8)(i)(A) (1) Daily Method 22 Testing. Perform accordance with paragraph (f)(2) of this through (F) of this section. visual determination of fugitive section. (A) Company name and address; emissions once per day, on each day the (7) Tier 3 requirements for opacities (B) A list and description of all process is in operation, during operation exceeding 20 percent. For each visual welding operations which currently of the process. determination of emissions opacity comprise the welding metal fabrication (2) Weekly Method 22 Testing. If no performed in accordance with or finishing affected source; visible fugitive emissions are detected paragraph (f)(5) of this section for which (C) A description of all management in consecutive daily EPA Method 22 the average of the six-minute average practices and/or fume control methods tests, performed in accordance with opacities recorded exceeds 20 percent, in place at the time of the opacity paragraph (b)(1) of this section for 10 you must comply with the requirements exceedence; days of work day operation of the in paragraphs (f)(7)(i) through (v) of this (D) A list and description of all process, you may decrease the section. management practices and/or fume frequency of EPA Method 22 testing to
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once per every five days of operation of 9 testing to once per every 21 days of startup, or by August 1, 2008, whichever the process. If visible fugitive emissions operation of the process. If visible is later. You are required to submit the are detected during these tests, you emissions opacity greater than 20 information specified in paragraphs must resume EPA Method 22 testing of percent is detected during any monthly (a)(2)(i) through (iii) of this section with that operation once per day during each test, you must resume testing every five your notification of compliance status: day that the process is in operation, in days of operation of the process (i) Your company’s name and address; accordance with paragraph (b)(1) of this according to the requirements of (ii) A statement by a responsible section. paragraph (d)(2) of this section. official with that official’s name, title, (3) Monthly Method 22 Testing. If no (4) Return to Method 22 testing for phone number, e-mail address and visible fugitive emissions are detected welding, Tier 2 or 3. If, after two signature, certifying the truth, accuracy, in four consecutive weekly EPA Method consecutive months of testing, the and completeness of the notification 22 tests performed in accordance with average of the six minute opacities and a statement of whether the source paragraph (b)(2) of this section, you may recorded during any of the monthly EPA has complied with all the relevant decrease the frequency of EPA Method Method 9 tests performed in accordance standards and other requirements of this 22 testing to once per 21 days of with paragraph (d)(3) of this section subpart; operation of the process. If visible does not exceed 20 percent, you may (iii) If you operate any spray painting fugitive emissions are detected during resume monthly EPA Method 22 testing affected sources, the information these tests, you must resume weekly as in paragraph (f)(2) of this section. In required by § 63.11516(e)(3)(vi)(C), EPA Method 22 in accordance with lieu of this, you may elect to continue ‘‘Compliance demonstration,’’ or paragraph (b)(2) of this section. performing monthly EPA Method 9 tests § 63.11516(e)(4)(ix)(C), ‘‘Compliance (c) Visual determination of emissions in accordance with paragraph (d)(3) of demonstration,’’ as applicable; and opacity for welding Tier 2 or 3, general. this section. (iv) The date of the notification of Visual determination of emissions compliance status. opacity must be performed in § 63.11518 [Reserved] (b) What reports must I prepare or accordance with the procedures of EPA submit? Method 9, of appendix A of part 60, and § 63.11519 What are my notification, (1) Annual compliance reports. You recordkeeping, and reporting must prepare annual compliance reports while the affected source is operating requirements? under normal conditions. The duration for each affected source according to the of the EPA Method 9 test shall be thirty (a) What notifications must I submit? requirements of paragraphs (b)(2) minutes. (1) Initial Notification. If you are the through (7) of this section. The annual (d) Visual determination of emissions owner or operator of a metal fabrication compliance reporting requirements may opacity for welding Tier 2 or 3, or finishing operation as defined in be satisfied by reports required under graduated schedule. You must perform § 63.11514 ‘‘Am I subject to this other parts of the CAA, as specified in visual determination of emissions subpart?,’’ you must submit the Initial paragraph (b)(3) of this section. These opacity in accordance with paragraph Notification required by § 63.9(b) reports do not need to be submitted (c) of this section and according to the ‘‘General Provisions,’’ for a new affected unless an exceedence of the schedule in paragraphs (d)(1) through source no later than 120 days after requirements of this subpart has (4) of this section. initial startup or August 1, 2008, occurred. In this case, the annual (1) Daily Method 9 testing for welding, whichever is later. For an existing compliance report must be submitted Tier 2 or 3. Perform visual affected source, you must submit the along with the exceedence reports. determination of emissions opacity once Initial Notification no later than April 3, (2) Dates. Unless the Administrator per day during each day that the process 2009. Your Initial Notification must has approved or agreed to a different is in operation. provide the information specified in schedule for submission of reports (2) Weekly Method 9 testing for paragraphs (a)(1)(i) through (iv) of this under § 63.10(a), ‘‘General Provisions,’’ welding, Tier 2 or 3. If the average of the section. you must prepare and, if applicable, six minute opacities recorded during (i) The name, address, phone number submit each annual compliance report any of the daily consecutive EPA and e-mail address of the owner and according to the dates specified in Method 9 tests performed in accordance operator; paragraphs (b)(2)(i) through (iii) of this with paragraph (d)(1) of this section (ii) The address (physical location) of section. Note that the information does not exceed 20 percent for 10 days the affected source; reported for each of the months in the of operation of the process, you may (iii) An identification of the relevant reporting period will be based on the decrease the frequency of EPA Method standard (i.e., this subpart); and last 12 months of data prior to the date 9 testing to once per five days of (iv) A brief description of the type of of each monthly calculation. consecutive work day operation. If operation. For example, a brief (i) The first annual compliance report opacity greater than 20 percent is characterization of the types of products must cover the first annual reporting detected during any of these tests, you (e.g., aerospace components, sports period which begins the day after the must resume testing every day of equipment, etc.), the number and type compliance date and ends on December operation of the process according to the of processes, and the number of workers 31. requirements of paragraph (d)(1) of this usually employed. (ii) Each subsequent annual section. (2) Notification of compliance status. compliance report must cover the (3) Monthly Method 9 testing for If you are the owner or operator of an subsequent semiannual reporting period welding Tier 2 or 3. If the average of the existing metal fabrication or finishing from January 1 through December 31. six minute opacities recorded during affected source, you must submit a (iii) Each annual compliance report any of the consecutive weekly EPA notification of compliance status on or must be prepared no later than January Method 9 tests performed in accordance before June 2, 2010. If you are the owner 31 and kept in a readily-accessible with paragraph (d)(2) of this section or operator of a new metal fabrication or location for inspector review. If an does not exceed 20 percent for four finishing affected source, you must exceedence has occurred during the consecutive weekly tests, you may submit a notification of compliance year, each annual compliance report decrease the frequency of EPA Method status within 120 days after initial must be submitted along with the
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exceedence reports, and postmarked or which resulted in detection of visible compliance report, as required by delivered no later than January 31. emissions; paragraph (b)(1) of this section. (3) Alternate dates. For each affected (ii) A description of the corrective (A) Identification of each paint used source that is subject to permitting actions taken subsequent to the test; and that exceeded the applicable limit, and regulations pursuant to 40 CFR part 70 (iii) The date and results of the each thinner and/or other additive used or 40 CFR part 71, ‘‘Title V.’’ follow-up visual determination of that contained VOHAP, and the dates (i) If the permitting authority has fugitive emissions performed after the and time periods each was used. established dates for submitting annual corrective actions. (B) The calculation of the VOHAP reports pursuant to 40 CFR (6) Visual determination of emissions content (via Equation 2 of 70.6(a)(3)(iii)(A) or 40 CFR opacity requirements. The annual § 63.11516(e)(3), ‘‘Spray painting 71.6(a)(3)(iii)(A), ‘‘Title V,’’ you may compliance report must contain the VOHAP content requirements’’) for each prepare or submit, if required, the first information specified in paragraphs paint identified in paragraph and subsequent compliance reports (b)(6)(i) through (iii) of this section for (b)(7)(iv)(A) of this section. You do not according to the dates the permitting each affected source which performs need to submit background data authority has established instead of visual determination of emissions supporting this calculation (e.g., according to the date specified in opacity in accordance with information provided by paint suppliers paragraph (b)(2)(iii) of this section. § 63.11517(c), ‘‘Monitoring or manufacturers, or test reports). (ii) If an affected source prepares or requirements.’’ (C) The determination of mass submits an annual compliance report (i) The date of every visual fraction of VOHAP for each thinner and/ pursuant to this section along with, or determination of emissions opacity; or other additive identified in paragraph as part of, the monitoring report (ii) The average of the six-minute (b)(7)(iv)(A) of this section (as required by 40 CFR 70.6(a)(3)(iii)(A) or opacities measured by the test; and determined according to 40 CFR 71.6(a)(3)(iii)(A), ‘‘Title V,’’ and (iii) A description of any corrective § 63.11516(e)(3)(i), ‘‘Spray painting the compliance report includes all action taken subsequent to the test. VOHAP content requirements’’). You do required information concerning (7) Paint limit reports. The annual not need to submit background data exceedences of any limitation in this compliance report must contain the supporting this calculation (e.g., subpart, its submission will be deemed information specified in paragraphs information provided by material to satisfy any obligation to report the (b)(7)(i) through (v) of this section for suppliers or manufacturers, or test same exceedences in the annual each spray painting affected source. reports). monitoring report. However, submission (i) Identification of the compliance (D) A statement of the cause of each of an annual compliance report shall not option or options specified in exceedence of the VOHAP content otherwise affect any obligation the § 63.11516(e), ‘‘Spray painting VOHAP requirement in § 63.11516(e)(1), affected source may have to report content requirements,’’ that you used on ‘‘VOHAP content limit option.’’ deviations from permit requirements to each spray painting operation during (v) Exceedences of the weighted- the permitting authority. the reporting period. If you switched average VOHAP content limit option. If (4) General requirements. The annual between compliance options during the you used the weighted-average VOHAP compliance report must contain the reporting period, you must report the content limit option and there was an information specified in paragraphs beginning and ending dates of each exceedence of the applicable limit in (b)(4)(i) through (iii) of this section, and option you used. § 63.11516(e)(2), ‘‘Weighted-average the information specified in paragraphs (ii) If you used the weighted-average VOHAP content limit option,’’ an (b)(5) through (7) of this section that is VOHAP content compliance option in exceedence report must be prepared to applicable to each affected source. § 63.11516(e)(2), ‘‘Weighted-average contain the information in paragraphs (i) Company name and address; VOHAP content limit option,’’ your (b)(7)(v)(A) through (C) of this section. (ii) Statement by a responsible official annual compliance report must include This exceedence report must be with that official’s name, title, and the calculation results for rolling 12- submitted along with your annual signature, certifying the truth, accuracy, month weighted-average VOHAP compliance report, as required by and completeness of the content of the content, according to paragraph (b)(1) of this section. report; and § 63.11516(e)(4)(ix)(C), ‘‘Compliance (A) The beginning and ending dates of (iii) Date of report and beginning and Demonstration.’’ each compliance period during which ending dates of the reporting period. (iii) If there were no exceedences of the 12-month weighted-average VOHAP The reporting period is the 12-month the limitations in § 63.11516(e)(1), content exceeded the applicable limit in period ending on December 31. Note ‘‘VOHAP content limit option,’’ or § 63.11516(e)(2), ‘‘Weighted-average that the information reported for the 12 § 63.11516(e)(2) ‘‘Weighted-average VOHAP content limit option.’’ months in the reporting period will be VOHAP content limit option,’’ the (B) The calculations used to based on the last 12 months of data annual compliance report must include determine the weighted-average 12- prior to the date of each monthly a statement that there were no month VOHAP content for the calculation. exceedences of the limitations during compliance period in which the (5) Visual determination of fugitive the reporting period. exceedence of the limit in emissions requirements. The annual (iv) Exceedences of the VOHAP § 63.11516(e)(2), ‘‘Weighted-average compliance report must contain the content limit option. If you used the VOHAP content limit option’’ occurred. information specified in paragraphs HAP content limit option and there was You must submit the calculations for (b)(5)(i) through (iii) of this section for an exceedence of the applicable VOHAP Equations 3, 3A, 3B, and 4 of each affected source which performs content requirement in § 63.11516(e)(1), § 63.11516(e)(4), ‘‘Spray painting visual determination of fugitive ‘‘VOHAP content limit option,’’ an VOHAP content requirements,’’ and if emissions in accordance with exceedence report must be prepared to applicable, the calculation used to § 63.11517(a), ‘‘Monitoring contain the information in paragraphs determine mass of VOHAP in waste requirements.’’ (b)(7)(iv)(A) through (D) of this section. materials according to (i) The date of every visual This exceedence report must be § 63.11516(e)(4)(vi). You do not need to determination of fugitive emissions submitted along with your annual submit background data supporting
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these calculations (e.g., information (9) Site-specific Welding Emissions (ii) The average of the six-minute provided by materials suppliers or Management Plan reporting. You must opacities measured by the test; and manufacturers, or test reports). submit a copy of the records of daily (iii) A description of any corrective (C) A statement of the cause of each visual determinations of emissions action taken subsequent to the test. exceedence of the limit in recorded in accordance with (4) Maintain a record of the § 63.11516(e)(2), ‘‘Spray Painting § 63.11516(f)(7)(iv), ‘‘Tier 3 manufacturer’s specifications for the VOHAP content requirements.’’ requirements for opacities exceeding 20 control devices used to comply with (8) Exceedence reports. You must percent,’’ and a copy of your Site- § 63.11516, ‘‘Standards and prepare and submit exceedence reports Specific Welding Emissions management practices.’’ according to the requirements of Management Plan and any subsequent (5) Spray paint booth filter records. paragraphs (b)(8)(i) through (iii) of this revisions to the plan pursuant to Maintain a record of the demonstration section, and submit these reports along § 63.11516(f)(8), ‘‘Site-specific Welding of filter efficiency and regular spray with your annual compliance report, as Emissions Management Plan,’’ along paint booth filter maintenance and required by paragraph (b)(1) of this with your annual compliance report, performed in accordance with section. according to the requirements in § 63.11516(d)(1)(ii), ‘‘Spray painting of (i) Exceedences of spray painting paragraph (b)(1) of this section. objects less than 15 feet in all VOHAP content limits. As required by (c) What records must I keep? You dimensions requirements.’’ § 63.11516(e)(3)(vi)(D), ‘‘Spray painting must collect and keep records of the (6) HVLP or other high transfer VOHAP content requirements,’’ you data and information specified in efficiency spray delivery system must prepare an exceedence report paragraphs (c)(1) through (12) of this documentation records. Maintain whenever the calculated VOHAP section, according to the requirements documentation of HVLP or other high content for any paint used exceeded the in paragraph (c)(13) of this section. transfer efficiency spray paint delivery applicable limit, or any thinner and/or (1) General compliance and systems, in compliance with other additive used contained any applicability records. Maintain § 63.11516(d)(3), ‘‘Requirements for VOHAP. This report must be submitted information specified in paragraphs spray painting of all objects.’’ This with your annual compliance report, (c)(1)(i) through (ii) of this section for documentation must include the according to the requirements of each affected source. manufacturer’s specifications for the paragraph (b)(1) of this section, and equipment and any manufacturer’s (i) Each notification and report that must contain the information in operation instructions. If you have you submitted to comply with this paragraphs (b)(7)(iv)(A) through (D) of obtained written approval for an subpart, and the documentation this section. alternative spray application system in supporting each notification and report. (ii) Exceedences of spray painting accordance with § 63.11516(d)(2), (ii) Records of the applicability weighted-average VOHAP content ‘‘Spray painting of all objects,’’ you determinations as in § 63.11514(b)(1) limits. As required by must maintain a record of that approval through (5), ‘‘Am I subject to this § 63.11516(e)(4)(ix)(B), ‘‘Spray painting along with documentation of the subpart,’’ listing equipment included in VOHAP content requirements,’’ you demonstration of equivalency. must prepare an exceedence report its affected source, as well as any (7) HVLP or other high transfer whenever the weighted-average VOHAP changes to that and on what date they efficiency spray delivery system content of paints used in any 12-month occurred, for 5 years to be made employee training documentation compliance period exceeds the available for inspector review at any records. Maintain certification that each applicable limit. This report must be time. worker performing spray painting submitted along with your annual (2) Visual determination of fugitive operations has completed the training compliance report, according to the emissions records. Maintain a record of specified in § 63.11516(d)(6), requirements of paragraph (b)(1) of this the information specified in paragraphs ‘‘Requirements for spray painting of all section, and must contain the (c)(2)(i) through (iii) of this section for objects,’’ with the date the initial information in paragraphs (b)(7)(v)(A) each affected source which performs training and the most recent refresher through (C) of this section. visual determination of fugitive training was completed. (iii) Exceedences of 20 percent emissions in accordance with (8) General records detailing opacity for welding affected sources. As § 63.11517(a), ‘‘Monitoring compliance with the spray painting required by § 63.11516(f)(7)(i), requirements.’’ VOHAP limits. Maintain a current copy ‘‘Requirements for opacities exceeding (i) The date and results of every visual of the information detailed in 20 percent,’’ you must prepare an determination of fugitive emissions; paragraphs (c)(8)(i) through (iii) of this exceedence report whenever the average (ii) A description of any corrective section. of the six-minute average opacities action taken subsequent to the test; and (i) Information provided by materials recorded during a visual determination (iii) The date and results of any suppliers or manufacturers, such as of emissions opacity exceeds 20 percent. follow-up visual determination of manufacturer’s formulation data, or test This report must be submitted along fugitive emissions performed after the data used to determine the mass fraction with your annual compliance report corrective actions. of VOHAP and density for each paint, according to the requirements in (3) Visual determination of emissions thinner and/or other additive and the paragraph (b)(1) of this section, and opacity records. Maintain a record of the volume fraction of paint solids for each must contain the information in information specified in paragraphs paint. paragraphs (b)(8)(iii)(A) and (B) of this (c)(3)(i) through (iii) of this section for (ii) Results of testing to determine section. each affected source which performs mass fraction of VOHAP, density, or (A) The date on which the exceedence visual determination of emissions volume fraction of paint solids. You occurred; and opacity in accordance with must keep a copy of the complete test (B) The average of the six-minute § 63.11517(c), ‘‘Monitoring report. average opacities recorded during the requirements.’’ (iii) If you use information provided visual determination of emissions (i) The date of every visual to you by the manufacturer or supplier opacity. determination of emissions opacity; and of the material that was based on
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testing, you must keep the summary treatment, storage, and disposal facility manufacturer’s instruction, you must sheet of results provided to you by the (TSDF) according to § 63.11516(e)(4)(vi), keep these instructions readily available manufacturer or supplier. You are not you must keep records of the for inspector review. required to obtain the test report or information specified in paragraphs (13) Your records must be maintained other supporting documentation from (c)(9)(viii)(A) through (C) of this section. according to the requirements in the manufacturer or supplier. (A) The name and address of each paragraphs (c)(13)(i) through (iii) of this (9) Periodic records detailing TSDF to which you sent waste materials section. compliance with the VOHAP limits. For for which you use an allowance in (i) Your records must be in a form each compliance period, you must keep Equation 3 of § 63.11516(e)(4), ‘‘Spray suitable and readily available for the records specified in paragraphs painting VOHAP content requirements;’’ expeditious review, according to (c)(9)(i) through (ix) of this section. a statement of which subparts under 40 § 63.10(b)(1), ‘‘General Provisions.’’ (i) The painting operations on which CFR parts 262, 264, 265, and 266, Where appropriate, the records may be you used each compliance option and ‘‘Hazardous Waste Management,’’ apply maintained as electronic spreadsheets or the time periods (beginning and ending to the facility; and the date of each as a database. dates and times) for each option you shipment. (ii) As specified in § 63.10(b)(1), used. (B) Identification of the painting ‘‘General Provisions,’’ you must keep (ii) For the HAP content limit option, operations producing waste materials each record for 5 years following the a record of the calculation of the included in each shipment and the date of each occurrence, measurement, VOHAP content for each paint, using month or months in which you used the corrective action, report, or record. allowance for these materials in Equation 2 of § 63.11516(e)(3), ‘‘Spray (iii) You must keep each record on- Equation 1 of § 63.11516(e)(4), ‘‘Spray Painting VOHAP content requirements.’’ site for at least 2 years after the date of (iii) For the weighted-average VOHAP painting VOHAP content requirements.’’ (C) The methodology used in each occurrence, measurement, content limit option, you must keep the corrective action, report, or record records of the information in paragraphs accordance with § 63.11516(e)(4), ‘‘Spray painting VOHAP content according to § 63.10(b)(1), ‘‘General (c)(9)(iii)(A) through (C) of this section. Provisions.’’ You may keep the records (A) Calculation of the total mass of requirements,’’ to determine the total off-site for the remaining 3 years. VOHAP content for the paints, thinners amount of waste materials sent to or the and/or other additives used each month amount collected, stored, and § 63. 11520 [Reserved] using Equations 3, 3A, and 3B of designated for transport to a TSDF each § 63.11516(e)(4), ‘‘Spray painting month; and the methodology to Other Requirements and Information VOHAP content requirements;’’ determine the mass of VOHAP § 63. 11521 Who implements and enforces (B) If applicable, the calculation used contained in these waste materials. This this subpart? must include the sources for all data to determine mass of VOHAP in waste (a) This subpart can be implemented used in the determination, methods materials according to and enforced by EPA or a delegated used to generate the data, frequency of § 63.11516(e)(4)(vi), ‘‘Spray painting authority such as your State, local, or testing or monitoring, and supporting VOHAP content requirements;’’ tribal agency. If the EPA Administrator calculations and documentation, (C) Calculation of the total volume of has delegated authority to your State, including the waste manifest for each paint solids used each month using local, or tribal agency, then that agency, shipment. Equation 4 of § 63.11516(e)(4), ‘‘Spray in addition to the EPA, has the authority painting VOHAP content requirements,’’ (ix) The date, time, and duration of each exceedence of the VOHAP content to implement and enforce this subpart. and You should contact your EPA Regional (D) Calculation of the 12-month limits in § 63.11516(e)(1),’’VOHAP Office to find out if implementation and weighted-average VOHAP content using content limit option,’’ or enforcement of this subpart is delegated Equation 5 of § 63.11516(e)(4), ‘‘Spray § 63.11516(e)(2) ‘‘Weighted-average to your State, local, or tribal agency. painting VOHAP content requirements.’’ VOHAP content limit option.’’ (iv) The name and volume of each (10) Visual determination of (b) In delegating implementation and paint, thinner and/or other additive emissions opacity performed during the enforcement authority of this subpart to used during each compliance period. If preparation (or revision) of the Site- a State, local, or tribal agency under 40 you are using the HAP content limit Specific Welding Emissions CFR part 63, subpart E, the authorities option for all paints at the source, you Management Plan. You must maintain a contained in paragraph (c) of this may maintain purchase records for each record of each visual determination of section are retained by the EPA material used rather than a record of the emissions opacity performed during the Administrator and are not transferred to volume used. preparation (or revision) of a Site- the State, local, or tribal agency. (v) The mass fraction of VOHAP for Specific Welding Emissions (c) The authorities that cannot be each paint, thinner and/or other Management Plan, in accordance with delegated to State, local, or tribal additive used during each compliance § 63.11516(f)(7)(iii), ‘‘Requirements for agencies are specified in paragraphs period unless the material is tracked by opacities exceeding 20 percent.’’ (c)(1) through (4) of this section. weight. (11) Site-Specific Welding Emissions (1) Approval of an alternative non- (vi) The volume fraction of paint Management Plan. If you have been opacity emissions standard under solids for each paint used during each required to prepare a plan in accordance § 63.6(g), of the General Provisions of compliance period. with § 63.11516(f)(7)(iii), ‘‘Site-Specific this part. (vii) Records of the density for each Welding Emissions Management Plan,’’ (2) Approval of an alternative opacity paint, thinner and/or other additive you must maintain a copy of your emissions standard under § 63.6(h)(9), used during each compliance period. current Site-Specific Welding Emissions of the General Provisions of this part. (viii) If you use an allowance in Management Plan in your records and (3) Approval of a major change to test Equation 3 of § 63.11516(e)(4), ‘‘Spray readily available for inspector review. methods under § 63.7(e)(2)(ii) and (f), of painting VOHAP content requirements,’’ (12) Manufacturer’s instructions. If the General Provisions of this part. A for VOHAP contained in waste materials you comply with this subpart by ‘‘major change to test method’’ is sent to or designated for shipment to a operating any equipment according to defined in § 63.90.
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(4) Approval of a major change to compressed air against the surface. coining, and forging the metal. monitoring under § 63.8(f), of the Hydroblasting, wet abrasive blasting, or Processes specifically excluded are General Provisions of this part. A other abrasive blasting operations which hand-held devices and any process ‘‘major change to monitoring’’ under is employ liquids to reduce emissions are employing fluids for lubrication or defined in § 63.90. not dry abrasive blasting. cooling. (5) Approval of a major change to Dry grinding and dry polishing with Manufacturer’s formulation data recordkeeping and reporting under machines means grinding or polishing means data on a material (such as a § 63.10(f), of the General Provisions of without the use of lubricating oils or paint) that are supplied by the material this part. A ‘‘major change to fluids. manufacturer based on knowledge of the recordkeeping/reporting’’ is defined in Fabric filter means a type of add-on ingredients used to manufacture that § 63.90. air control device used for collecting PM material, rather than based on testing of by filtering a process exhaust stream the material with the test methods § 63.11522 What definitions apply to this through a filter or filter media; a fabric specified in § 63.11516(e), ‘‘Spray subpart? filter is also known as a baghouse. Painting VOHAP content requirements.’’ The terms used in this subpart are Facility maintenance means Manufacturer’s formulation data may defined in the CAA; and in this section operations performed as part of the include, but are not limited to, as follows: routine repair or renovation of information on density, VOHAP Add-on control device means equipment, machinery, and structures content, volatile organic matter content, equipment installed on a process vent or that comprise the infrastructure of the and paint solids content. exhaust system that reduces the affected facility and that are necessary Mass fraction of VOHAP means the quantity of a pollutant that is emitted to for the facility to function in its ratio of the mass of volatile organic HAP the air. intended capacity. Facility maintenance (VOHAP) to the mass of a material in Adequate emission capture methods also includes operations associated with which it is contained, expressed as kg are hoods, enclosures, or any other duct the installation of new equipment or of organic HAP per kg of material. intake devices with ductwork, dampers, structures, and any processes as part of Metal fabrication and finishing HAP manifolds, plenums, or fans designed to janitorial activities. Facility (MFHAP) means cadmium, chromium, draw greater than 85 percent of the maintenance includes operations on lead, manganese, or nickel. airborne dust generated from the stationary structures or their Metal fabrication and finishing source process into the control device. appurtenances at the site of installation, categories are limited to operations Capture system means the collection to portable buildings at the site of described in Table 1 to this subpart. of components used to capture gases installation, to pavements, or to curbs. Metal fabrication or finishing and fumes released from one or more Facility maintenance also includes operations means dry abrasive blasting, emissions points and then convey the operations performed on mobile machining, spray painting, or welding captured gas stream to an add-on equipment, such as fork trucks, that are in any one of the nine metal fabrication control device or to the atmosphere. A used in a manufacturing facility and and finishing source categories listed in capture system may include, but is not which are maintained in that same Table 1 to this subpart. limited to, the following components as facility. Facility maintenance does not Organic HAP content means the mass applicable to a given capture system include surface coating of motor of volatile organic HAP (VOHAP) design: Duct intake devices, hoods, vehicles, mobile equipment, or items emitted per volume of paint solids used enclosures, ductwork, dampers, that routinely leave and return to the for a paint calculated using Equation 2 manifolds, plenums, and fans. facility, such as delivery trucks, rental of § 63.11516(e), ‘‘Spray Painting Cartridge collector means a type of equipment, or containers used to VOHAP content requirements.’’ The add-on control device that uses transport, deliver, distribute, or VOHAP content is determined for the perforated metal cartridges containing a dispense commercial products to paint in the condition it is in when pleated paper or non-woven fibrous customers, such as compressed gas received from its manufacturer or filter media to remove PM from a gas canisters. supplier and does not account for any stream by sieving and other Grinding means a process performed alteration after receipt. mechanisms. Cartridge collectors can be on a workpiece prior to fabrication or Paint means a material applied to a designed with single use cartridges, finishing operations to remove substrate for decorative, protective, or which are removed and disposed after undesirable material from the surface or functional purposes. Such materials reaching capacity, or continuous use to remove burrs or sharp edges. include, but are not limited to, paints, cartridges, which typically are cleaned Grinding is done using belts, disks, or coatings, sealants, liquid plastic by means of a pulse-jet mechanism. wheels consisting of or covered with coatings, caulks, inks, adhesives, and Confined abrasive blasting enclosure various abrasives. maskants. Decorative, protective, or means an enclosure that includes a roof Machining means dry metal turning, functional materials that consist only of and at least two complete walls, with milling, drilling, boring, tapping, protective oils for metal, acids, bases, or side curtains and ventilation as needed planing, broaching, sawing, cutting, any combination of these substances, or to insure that no air or PM exits the shaving, shearing, threading, reaming, paper film or plastic film which may be enclosure while dry abrasive blasting is shaping, slotting, hobbing, and pre-coated with an adhesive by the film performed. Apertures or slots may be chamfering with machines. Shearing manufacturer, are not considered paints present in the roof or walls to allow for operations cut materials into a desired for the purposes of this subpart. mechanized transport of the blasted shape and size, while forming Paint solids means the nonvolatile objects with overhead cranes, or cable operations bend or conform materials portion of the paint that makes up the and cord entry into the dry abrasive into specific shapes. Cutting and dry film. blasting chamber. shearing operations include punching, Polishing means an operation which Dry abrasive blasting means cleaning, piercing, blanking, cutoff, parting, removes fine excess metal from a polishing, conditioning, removing or shearing and trimming. Forming surface to prepare the surface for more preparing a surface by propelling a operations include bending, forming, refined finishing procedures prior to stream of abrasive material with extruding, drawing, rolling, spinning, plating or other processes. Polishing
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may also be employed to remove burrs extension on the spray gun to properly the worker places their hands in on castings or stampings. Polishing is reach limited access spaces; the openings or gloves that extend into the performed using hard-faced wheels application of paints that contain fillers box and enable the worker to hold the constructed of muslin, canvas, felt or that adversely affect atomization with objects as they are being blasted without leather, and typically employs natural HVLP spray guns, and the application of allowing air and blast material to escape or artificial abrasives. Polishing paints that normally have a dried film the box. performed by hand without machines is thickness of less than 0.0013 centimeter Vented dry abrasive blasting means not considered polishing for the (0.0005 in.). dry abrasive blasting where the blast purposes of this subpart. (4) Thermal spray operations (also material is moved by air flow from Responsible official means known as metallizing, flame spray, within the chamber to outside the responsible official as defined in 40 CFR plasma arc spray, and electric arc spray, chamber into the atmosphere or into a 70.2. among other names) in which solid control system. Spray-applied painting means metallic or non-metallic material is Volatile organic compound (VOC) application of paints using a hand-held heated to a molten or semi-molten state means any compound defined as VOC device that creates an atomized mist of and propelled to the work piece or in 40 CFR 51.100(s). paint and deposits the paint on a substrate by compressed air or other gas, Volume fraction of paint solids means substrate. For the purposes of this where a bond is produced upon impact. the ratio of the volume of paint solids subpart, spray-applied painting does not Thinner means an organic solvent that (also known as the volume of include the following materials or is added to a paint after the paint is nonvolatiles) to the volume of a paint in activities: received from the supplier. which it is contained; liters (gal) of (1) Paints applied from a hand-held Tool or equipment repair means paint solids per liter (gal) of paint. device with a paint cup capacity that is equipment and devices used to repair or Welding means a process which joins less than 3.0 fluid ounces (89 cubic maintain process equipment or to two metal parts by melting the parts at centimeters). prepare molds, dies, or other changeable the joint and filling the space with (2) Surface coating application using elements of process equipment. molten metal. powder coating, hand-held, non- Totally enclosed and unvented means Wind event means an occurrence refillable aerosol containers, or non- enclosed so that no air enters or leaves when the 60-minute average wind speed atomizing application technology, during operation. is greater than 25 miles per hour. including, but not limited to, paint Totally enclosed and unvented dry brushes, rollers, hand wiping, flow abrasive blasting chamber means a dry § 63.11523 What General Provisions apply coating, dip coating, electrodeposition abrasive blasting enclosure which has to this subpart? coating, web coating, coil coating, no vents to the atmosphere, thus no The provisions in 40 CFR part 63, touch-up markers, or marking pens. emissions. A typical example of this sort subpart A, applicable to sources subject (3) Painting operations that normally of abrasive blasting enclosure would be to § 63.11514(a) are specified in Table 4 require the use of an airbrush or an a small ‘‘glove box’’ enclosure, where of this subpart.
TABLE 1 TO SUBPART XXXXXX OF PART 63.—DESCRIPTION OF SOURCE CATEGORIES AFFECTED BY THIS SUBPART
Metal fabrication and finishing source category Description
Electrical and Electronic Equipment Finishing Operations ...... Establishments primarily engaged in high energy particle acceleration systems and equipment, electronic simulators, appliance and extension cords, bells and chimes, insect traps, and other electrical equipment and supplies not elsewhere classified. Also, establishments primarily engaged in manufac- turing electric motors (except engine starting motors) and power generators; motor generator sets; railway motors and control equipment; and motors, generators and control equipment for gasoline, electric, and oil-electric buses and trucks. Fabricated Metal Products ...... Establishments primarily engaged in manufacturing fabricated metal products, such as fire or burglary resistive steel safes and vaults and similar fire or burglary resistive products; and collapsible tubes of thin flexible metal. Also, establishments primarily engaged in manufacturing powder metallurgy prod- ucts, metal boxes; metal ladders; metal household articles, such as ice cream freezers and ironing boards; and other fabricated metal products not elsewhere classified. Fabricated Plate Work (Boiler Shops) ...... Establishments primarily engaged in manufacturing power marine boilers, pressure and nonpressure tanks, processing and storage vessels, heat ex- changers, weldments and similar products. Fabricated Structural Metal Manufacturing ...... Establishments primarily engaged in fabricating iron and steel or other metal for structural purposes, such as bridges, buildings, and sections for ships, boats, and barges.
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TABLE 1 TO SUBPART XXXXXX OF PART 63.—DESCRIPTION OF SOURCE CATEGORIES AFFECTED BY THIS SUBPART— Continued
Metal fabrication and finishing source category Description
Heating Equipment, except Electric ...... Establishments primarily engaged in manufacturing heating equipment, except electric and warm air furnaces, including gas, oil, and stoker coal fired equipment for the automatic utilization of gaseous, liquid, and solid fuels. Products produced in this source category include low-pressure heating (steam or hot water) boilers, fireplace inserts, domestic (steam or hot water) furnaces, domestic gas burners, gas room heaters, gas infrared heating units, combination gas-oil burners, oil or gas swimming pool heaters, heat- ing apparatus (except electric or warm air), kerosene space heaters, gas fireplace logs, domestic and industrial oil burners, radiators (except electric), galvanized iron nonferrous metal range boilers, room heaters (except elec- tric), coke and gas burning salamanders, liquid or gas solar energy collec- tors, solar heaters, space heaters (except electric), mechanical (domestic and industrial) stokers, wood and coal-burning stoves, domestic unit heaters (except electric), and wall heaters (except electric). Industrial Machinery and Equipment Finishing Operations...... Establishments primarily engaged in manufacturing heavy machinery and equipment of types used primarily by the construction industries, such as bulldozers; concrete mixers; cranes, except industrial plant overhead and truck-type cranes; dredging machinery; pavers; and power shovels. Also es- tablishments primarily engaged in manufacturing forestry equipment and certain specialized equipment, not elsewhere classified, similar to that used by the construction industries, such as elevating platforms, ship cranes, and capstans, aerial work platforms, and automobile wrecker hoists. In addition, establishments primarily engaged in manufacturing machinery and equip- ment for use in oil and gas fields or for drilling water wells, including port- able drilling rigs. Also, establishments primarily engaged in manufacturing pumps and pumping equipment for general industrial, commercial, or house- hold use, except fluid power pumps and motors. This category includes es- tablishments primarily engaged in manufacturing domestic water and sump pumps. Iron and Steel Forging ...... Establishments primarily engaged in the forging manufacturing process, where purchased iron and steel metal is pressed, pounded or squeezed under great pressure into high strength parts known as forgings. The forging proc- ess is different from the casting and foundry processes, as metal used to make forged parts is never melted and poured. Primary Metals Products Manufacturing ...... Establishments primarily engaged in manufacturing products such as fab- ricated wire products (except springs) made from purchased wire. These fa- cilities also manufacture steel balls; nonferrous metal brads and nails; non- ferrous metal spikes, staples, and tacks; and other primary metals products not elsewhere classified. Valves and Pipe Fittings ...... Establishments primarily engaged in manufacturing metal valves and pipe fit- tings; flanges; unions, with the exception of purchased pipes; and other valves and pipe fittings not elsewhere classified.
Instructions for Table 2—You may use chemical abstract series (CAS) number. fraction for the entry matching either the mass fraction values in the following If a solvent blend matches both the the solvent blend name or CAS number, table for solvent blends for which you name and CAS number for an entry, that or use the organic HAP mass fraction do not have test data or manufacturer’s entry’s organic HAP mass fraction must from Table 2 to this subpart if neither formulation data and which match be used for that solvent blend. the name nor CAS number match. either the solvent blend name or the Otherwise, use the organic HAP mass
TABLE 2 TO SUBPART XXXXXX OF PART 63.—DEFAULT ORGANIC HAP MASS FRACTION FOR SOLVENTS AND SOLVENT BLENDS
Average organic Solvent/solvent blend CAS No. HAP mass fraction Typical organic HAP, percent by mass
1. Toluene ...... 108–88–3 1.0 Toluene. 2. Xylene(s) ...... 1330–20–7 1 .0 Xylenes, Ethylbenzene. 3. Hexane ...... 110–54–3 0.5 n-hexane. 4. n-Hexane ...... 110–54–3 1.0 n-hexane. 5. Ethylbenzene ...... 100–41–4 1 .0 Ethylbenzene. 6. Aliphatic 140 ...... 0 None. 7. Aromatic 100 ...... 0.02 1% xylene, 1% cumene. 8. Aromatic 150 ...... 0.09 Naphthalene. 9. Aromatic naphtha ...... 64742–95–6 0 .02 1% xylene, 1% cumene. 10. Aromatic solvent ...... 64742–94–5 0 .1 Naphthalene. 11. Exempt mineral spirits ...... 8032–32–4 0 None. 12. Ligroines (VM & P) ...... 8032–32–4 0 None.
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TABLE 2 TO SUBPART XXXXXX OF PART 63.—DEFAULT ORGANIC HAP MASS FRACTION FOR SOLVENTS AND SOLVENT BLENDS—Continued
Average organic Solvent/solvent blend CAS No. HAP mass fraction Typical organic HAP, percent by mass
13. Lactol spirits ...... 64742–89–6 0.15 Toluene. 14. Low aromatic white spirit ...... 64742–82–1 0 None. 15. Mineral spirits ...... 64742–88–7 0.01 Xylenes. 16. Hydrotreated naphtha ...... 64742–48–9 0 None. 17. Hydrotreated light distillate ...... 64742–47–8 0.001 Toluene. 18. Stoddard Solvent ...... 8052–41–3 0.01 Xylenes. 19. Super high-flash naphtha ...... 64742–95–6 0.05 Xylenes. 20. Varsol [reg] solvent ...... 8052–49–3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha ...... 64742–89–8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixtures ...... 68477–31–6 0.08 4% naphthalene, 4% biphenyl.
Instructions for Table 3—You may use do not have test data or manufacturer’s the mass fraction values in the following formulation data. table for solvent blends for which you
TABLE 3 TO SUBPART XXXXXX OF PART 63.—DEFAULT ORGANIC HAP MASS FRACTION FOR PETROLEUM SOLVENT GROUPSa
Average or- ganic HAP Solvent type mass frac- Typical organic HAP, percent by mass tion
Aliphatic b ...... 0.03 1% Xylene, 1% Toluene, 1% Ethylbenzene, 1% Ethylbenzene, 1% Toluene, 1% Ethylbenzene. Aromatic c ...... 0.06 4% Xylene, 1% Toluene, 1% Ethylbenzene. a Use this table only if the solvent blend does not match any of the solvent blends in Table 2 to this subpart by either solvent blend name or CAS number and you only know whether the blend is aliphatic or aromatic. b E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent Blend. c E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydro- carbons, Light Aromatic Solvent.
Instructions for Table 4—As required requirement in the following table that in § 63.11523, ‘‘General Provisions applies to you. Requirements,’’ you much meet each
TABLE 4 TO SUBPART XXXXXX OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO METAL FABRICATION OR FINISHING AREA SOURCES
Citation Subject
63.1 1 ...... Applicability. 63.2 ...... Definitions. 63.3 ...... Units and abbreviations. 63.4 ...... Prohibited activities. 63.5 ...... Construction/reconstruction. 63.6(a), (b)(1)–(b)(5), (c)(1), (c)(2), (c)(5), (g), (i), (j) ...... Compliance with standards and maintenance requirements. 63.9(a)–(d) ...... Notification requirements. 63.10(a), (b) except for (b)(2), (d)(1), (d)(4) ...... Recordkeeping and reporting. 63.12 ...... State authority and delegations. 63.13 ...... Addresses of State air pollution control agencies and EPA regional offices. 63.14 ...... Incorporation by reference. 63.15 ...... Availability of information and confidentiality. 63.16 ...... Performance track provisions. 1 § 63.11514(g), ‘‘Am I subject to this subpart?’’ exempts affected sources from the obligation to obtain title V operating permits.
[FR Doc. E8–6411 Filed 4–2–08; 8:45 am] BILLING CODE 6560–50–P
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Part III
Department of Homeland Security Department of State 8 CFR Parts 212 and 235 22 Parts 41 and 53 Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere; Designation of an Enhanced Driver’s License and Identity Document Issued by the State of Washington as a Travel Document Under the Western Hemisphere Travel Institute; Final Rule and Notice
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DEPARTMENT OF HOMELAND B. Statutory and Regulatory History B. Regulatory Flexibility Act SECURITY 1. Intelligence Reform and Terrorism C. Executive Order 13132: Federalism Prevention Act D. Executive Order 12988: Civil Justice [USCBP 2007–0061] 2. Advance Notice of Proposed Rulemaking Reform 3. Rules for Air Travel From Within the E. Unfunded Mandates Reform Act RIN 1651–AA69 Western Hemisphere 4. Amendments to Section 7209 of IRTPA Assessment 8 CFR Parts 212 and 235 5. Other Relevant Legislation F. Paperwork Reduction Act 6. Passport Cards G. Privacy Statement DEPARTMENT OF STATE 7. Certifications to Congress List of Subjects II. Documentation at the Border Amendments to the Regulations 22 CFR Parts 41 and 53 III. Summary of Document Requirements in the Proposed Rule Abbreviations and Terms Used in This Documents Required for Travelers IV. Discussion of Comments Document A. General Departing From or Arriving in the ANPRM—Advance Notice of Proposed United States at Sea and Land Ports- B. Implementation 1. General Rulemaking of-Entry From Within the Western 2. Timeline BCC—Form DSP–150, B–1/B–2 Visa and Hemisphere 3. Security/Operational Considerations Border Crossing Card 4. Technology CBP—U.S. Customs and Border Protection AGENCIES: U.S. Customs and Border 5. Cruise Ships CBSA—Canada Border Services Agency Protection, Department of Homeland 6. MODUs/OCS Security; Bureau of Consular Affairs, DHS—Department of Homeland Security C. Passports DOS—Department of State Department of State. 1. General FAST—Free and Secure Trade ACTION: Final rule. 2. Cost of Passports 3. Obtaining Passports FBI—Federal Bureau of Investigation SUMMARY: This rule finalizes the second 4. DOS Issuance Capacity IBWC—International Boundary and Water phase of a joint Department of 5. Passport Cards Commission Homeland Security and Department of D. Alternative Documents INA—Immigration and Nationality Act 1. General IRTPA—Intelligence Reform and Terrorism State plan, known as the Western 2. Driver’s License and Birth Certificate Hemisphere Travel Initiative, to Prevention Act of 2004 3. Trusted Traveler Documents LPR—Lawful Permanent Resident implement new documentation 4. Children/Groups of Children/Alternative MMD—Merchant Mariner Document requirements for U.S. citizens and Approaches/Parental Consent MODU—Mobile Offshore Drilling Unit certain nonimmigrant aliens entering 5. State Enhanced Driver’s License Projects MRZ—Machine Readable Zone the United States. This final rule details 6. Mexican/Canadian/Bermudian NATO—North Atlantic Treaty Organization the documents U.S. citizens1 and Documents 7. REAL ID Driver’s Licenses NEPA—National Environmental Policy Act nonimmigrant citizens of Canada, E. Native Americans and Canadian Indians of 1969 Bermuda, and Mexico will be required F. Outside the Scope of This Rulemaking NPRM—Notice of Proposed Rulemaking to present when entering the United 1. General OARS—Outlying Area Reporting System States from within the Western 2. Air Rule OCS—Outer Continental Shelf Hemisphere at sea and land ports-of- 3. IBWC PEA—Programmatic Environmental 4. Lawful Permanent Residents entry. Assessment DATES: This final rule is effective on 5. Dual Nationals G. Public Relations SENTRI—Secure Electronic Network for June 1, 2009. 1. General Travelers Rapid Inspection FOR FURTHER INFORMATION CONTACT: 2. Outreach TBKA—Texas Band of Kickapoo Act Department of Homeland Security: H. Regulatory Analyses UMRA—Unfunded Mandates Reform Act Colleen Manaher, WHTI, Office of 1. Regulatory Assessment USCIS—U.S. Citizenship and Immigration Field Operations, U.S. Customs and 2. Regulatory Flexibility Act Services Border Protection, 1300 Pennsylvania V. Final Document Requirements US-VISIT—United States Visitor and Avenue, NW., Room 5.4–D, A. U.S. Citizens Arriving by Sea or Land Immigrant Status Indicator Technology B. Canadian Citizens and Citizens of Washington, DC 20229, telephone Program Bermuda Arriving by Sea or Land WHTI—Western Hemisphere Travel number (202) 344–1220. C. Mexican Nationals Arriving by Sea or Initiative Department of State: Consuelo Pachon, Land Office of Passport Policy, Planning D. State Enhanced Driver’s Licenses and I. Background and Advisory Services, Bureau of Identification Documents Consular Affairs, telephone number E. Future Documents For a detailed discussion of the (202) 663–2662. VI. Special Rules for Specific Populations document requirements for travelers A. U.S. Citizen Cruise Ship Passengers SUPPLEMENTARY INFORMATION: entering the United States from within B. U.S. and Canadian Citizen Children the Western Hemisphere before January Table of Contents 1. Children Under Age 16 2. Children Under Age 19 Traveling in 31, 2008, the statutory and regulatory I. Background Groups histories through June 26, 2007, and the A. Documentation Requirements for C. American Indian Card Holders from applicability of the rule related to Arrivals at Sea and Land Ports-of-Entry Kickapoo Band of Texas and Tribe of specific groups, please see the NPRM Prior to This Rule Oklahoma published at 72 FR 35088. For the 1. U.S. Citizens D. Members of United States Native document requirements which went 2. Nonimmigrant Aliens From Canada and American Tribes into effect on January 31, 2008, please the British Overseas Territory of E. Canadian Indians see the Notice ‘‘Oral Declarations No Bermuda F. Individual Passport Waivers 3. Mexican Nationals G. Summary of Document Requirements Longer Satisfactory as Evidence of VII. Regulatory Analyses Citizenship and Identity’’ which was 1 ‘‘U.S. citizens’’ as used in this rule refers to both A. Executive Order 12866: Regulatory published in the Federal Register on U.S. citizens and U.S. non-citizen nationals. Planning and Review December 21, 2007, at 72 FR 72744.
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A. Documentation Requirements for (US–VISIT)). However, the passport passport requirement to present a Arrivals at Land and Sea Ports-of-Entry requirement is currently waived for passport or other document, or Prior to the Effective Date of This Rule most citizens of Canada and Bermuda combination of documents, that are The following is an overview of the when entering the United States as ‘‘deemed by the Secretary of Homeland documentation requirements for citizens nonimmigrant visitors from countries in Security to be sufficient to denote of the United States, Canada, British the Western Hemisphere at land or sea identity and citizenship’’ when entering 7 Overseas Territory of Bermuda ports-of-entry. These travelers have the United States. WHTI thus requires (Bermuda), and Mexico who enter the been required to satisfy the inspecting U.S. citizens and nonimmigrant aliens United States at sea and land ports-of- CBP officer of their identities and from Canada, Mexico, and Bermuda to entry prior to the effective date of this citizenship at the time of their comply with the new documentation rule. applications for admission. Since requirements. January 31, 2008, these nonimmigrant 2. Advance Notice of Proposed 1. U.S. Citizens aliens also have been asked to present Rulemaking Generally, U.S. citizens must possess document proving citizenship, such as a a valid U.S. passport to depart from or birth certificate, and government-issued On September 1, 2005, DHS and DOS enter the United States.2 However, U.S. documents proving identity, such as a published in the Federal Register an citizens who depart from or enter the driver’s license, when entering the advance notice of proposed rulemaking United States by land or sea from within United States through land and sea (ANPRM) that announced that DHS and the Western Hemisphere other than ports-of-entry.8 DOS were planning to amend their respective regulations to implement from Cuba have historically been 3. Mexican Nationals exempt from this passport requirement.3 section 7209 of IRTPA. For further U.S. citizens have always been required Mexican nationals are generally information, please see the ANPRM to satisfy the inspecting officers of their required to present a valid unexpired document that was published in the passport and visa when entering the Federal Register on September 1, 2005, identity and citizenship.4 Since January United States. However, Mexican at 70 FR 52037. Comments to the 31, 2008, U.S. citizens ages 19 and older nationals arriving in the United States at ANPRM related to arrivals at sea and have been asked to present documents land and sea ports-of-entry who possess land ports-of-entry are addressed in this proving citizenship, such as a birth a Form DSP–150, B–1/B–2 Visa and final rule. certificate, and government-issued Border Crossing Card (BCC) 9 currently documents proving identity, such as a 3. Rules for Air Travel From Within the may be admitted without presenting a driver’s license, when entering the Western Hemisphere valid passport if they are coming by United States through land and sea land or sea from contiguous territory.10 On August 11, 2006, DHS and DOS ports-of-entry. Children under the age of published an NPRM for air and sea 19 have only been asked to present B. Statutory and Regulatory History arrivals. The NPRM proposed that, proof of citizenship, such as a birth This final rule sets forth the second subject to certain narrow exceptions, certificate.5 phase of a joint Department of beginning January 2007, all U.S. citizens 2. Nonimmigrant Aliens From Canada Homeland Security (DHS) and and nonimmigrant aliens, including and the British Overseas Territory of Department of State (DOS) plan, known those from Canada, Bermuda, and Bermuda as the Western Hemisphere Travel Mexico, entering the United States by Initiative (WHTI), to implement section air and sea would be required to present Each nonimmigrant alien arriving in 7209 of the Intelligence Reform and a valid passport or NEXUS Air card; the United States must present a valid Terrorism Prevention Act of 2004, as U.S. citizens would also be permitted to unexpired passport issued by his or her amended (IRTPA) on June 1, 2009.11 A present a Merchant Mariner Document country of nationality and, if required, brief discussion of IRTPA, amendments (MMD). The NPRM provided that the a valid unexpired visa issued by a U.S. to IRTPA, and related regulatory efforts requirements would not apply to 6 embassy or consulate abroad. follows. For a more detailed description members of the United States Armed Nonimmigrant aliens entering the of these efforts through June 26, 2007, Forces. For a detailed discussion of United States must also satisfy any other please refer to the NPRM at 72 FR what was proposed for air and sea applicable admission requirements (e.g., 35088. arrivals, please see the NPRM at 71 FR United States Visitor and Immigrant 41655 (hereinafter, Air and Sea NPRM). Status Indicator Technology Program 1. Intelligence Reform and Terrorism The final rule for travelers entering or Prevention Act departing the United States at air ports- 2 Section 215(b) of the Immigration and On December 17, 2004, the President of-entry (hereinafter, Air Final Rule) Nationality Act (INA), 8 U.S.C. 1185(b). signed IRTPA into law.12 IRTPA was published in the Federal Register 3 See 22 CFR 53.2(b), which waived the passport requirement pursuant to section 215(b) of the INA, mandates that the Secretary of on November 24, 2006. Beginning 8 U.S.C. 1185(b). Homeland Security, in consultation January 23, 2007,13 U.S. citizens and 4 In lieu of a passport, travelers claiming U.S. with the Secretary of State, develop and nonimmigrant aliens from Canada, citizenship long have been permitted to enter on an implement a plan to require travelers for Bermuda, and Mexico entering and oral declaration or to present a variety of documents whom the President had waived the to establish their identity and citizenship and right departing the United States at air ports- to enter the United States as requested by the CBP of-entry, which now includes from officer. A driver’s license issued by a state motor 7 8 CFR 212.1(a)(1) (Canadian citizens) and 8 CFR within the Western Hemisphere, are vehicle administration or other competent state 212.1(a)(2) (Citizens of Bermuda). See also 22 CFR generally required to bear a valid 41.2. government authority is a common form of identity passport. The main exceptions to this document. Citizenship documents generally 8 72 FR 72744. include birth certificates issued by a United States 9 A BCC is a machine-readable, biometric card, requirement are for U.S. citizens who jurisdiction, Consular Reports of Birth Abroad, issued by the Department of State, Bureau of present a valid, unexpired MMD Certificates of Naturalization, and Certificates of Consular Affairs. 10 Citizenship. 8 CFR 212.1(c)(1)(i). See also 22 CFR 41.2(g). 13 DHS and DOS determined that delaying the 5 72 FR 72744. 11 Pub. L. 108–458, as amended, 118 Stat. 3638 effective date of the Air Rule to January 23, 2007, 6 Section 212(a)(7)(B)(i) of the INA, 8 U.S.C. (Dec. 17, 2004). was appropriate for air travel because of operational 1182(a)(7)(B)(i). 12 Pub. L. 108–458, 118 Stat. 3638 (Dec. 17, 2004). considerations and available resources. See id.
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traveling in conjunction with maritime 5. Other Relevant Legislation standards and best practices for business and U.S. and Canadian citizens On August 4, 2007, the President protection of personal identification who present a NEXUS Air card for use signed into law the Implementing documents. at a NEXUS Air kiosk.14 The Air Rule Recommendations of the 9/11 On May 1, 2007, NIST certified that made no changes to the requirements for Commission Act of 2007 (9/11 the proposed card architecture of the members of the United States Armed Commission Act of 2007).18 Section 723 passport card meets or exceeds the Forces. Please see the Air Final Rule at of the 9/11 Commission Act of 2007 relevant standard and best practices, as 71 FR 68412 for a full discussion of called on the Secretary of Homeland specified in the statute. documentation requirements in the air Security to begin to develop pilot 2. Technology Sharing. Certify that environment. programs with states to develop state- passport card technology has been In the Air Final Rule, DHS and DOS issued secure documents that would shared with Canada and Mexico. deferred a final decision on the denote identity and citizenship. Section DHS and DOS continue to share document requirements for arrivals by 724 of the 9/11 Commission Act of 2007 information and meet regularly with called on the Secretary of State to sea until the second phase. Complete both Mexican and Canadian officials examine the feasibility of lowering the responses to the comments relating to regarding the radio frequency execution fee for the proposed passport identification (RFID) technology for the sea travel that were submitted in card. response to the Air and Sea NPRM are passport card. presented in this final rule. 6. Passport Cards 3. Postal Service Fee Agreement. On October 17, 2006, to meet the Certify that an agreement has been 4. Amendments to Section 7209 of reached and reported to Congress on the IRTPA documentation requirements of WHTI and to facilitate the frequent travel of fee collected by the U.S. Postal Service for acceptance agent services. On October 4, 2006, the President persons living in border communities, DOS and the Postal Service have signed into law the Department of DOS, in consultation with DHS, memorialized their agreement on the Homeland Security Appropriations Act proposed to develop a card-format fees for the passport card set by DOS, of 2007 (DHS Appropriations Act of passport for international travel by U.S. including the execution fee which the 2007).15 Section 546 of the DHS citizens through land and sea ports-of- Postal Service retains. Appropriations Act of 2007 amended entry between the United States and section 7209 of IRTPA by stressing the Canada, Mexico, or the Caribbean and 4. Groups of Children. Certify that an 19 alternative procedure has been need for DHS and DOS to expeditiously Bermuda. The passport card will developed for border crossings by implement the WHTI requirements no contain security features similar to the groups of children. later than the earlier of two dates, June traditional passport book. The passport card will be particularly useful for 1, 2009, or three months after the The final rule contains an alternative citizens in border communities who Secretaries of Homeland Security and procedure for groups of children regularly cross the border and will be State certify that certain criteria have traveling across an international border considerably less expensive than a been met. The section required under adult supervision with parental traditional passport. The validity period consent as proposed in the land and sea ‘‘expeditious[]’’ action and stated that for the passport card will be the same NPRM. requirements must be satisfied by the as for the traditional passport—ten years ‘‘earlier’’ of the dates identified.16 5. Infrastructure. Certify that the for adults and five years for minors necessary passport card infrastructure Congress also expressed an interest in under age 16. The final rule on the having the requirements for sea and has been installed and employees have passport card was published on been trained. land implemented at the same time and December 31, 2007 at 72 FR 74169. having alternative procedures for groups WHTI is a significant operational of children traveling under adult 7. Certifications to Congress change in a series of changes that are supervision.17 However, on December In Section 546 of the DHS aimed at transforming the land border 26, 2007, the President signed into law Appropriations Act of 2007, Congress management system. DHS will utilize the Department of Homeland Security called for DHS and DOS to make certain the technology currently in place at all Appropriations Act of 2008 (‘‘Omnibus certifications before completing the ports-of-entry to read any travel Bill’’, Pub. L. 110–161) which amended implementation of the WHTI plan. The document with a machine-readable zone, including passports and the new section 7209(b)(1) of IRTPA to require Departments have been working toward passport card. CBP Officers have been that WHTI ‘‘may not be implemented making these certifications since trained in use of this infrastructure. In earlier than the date that is the later of October 2006. In Section 723 of the addition, CBP will deploy an integrated 3 months after the Secretary of State and 9/11 Commission Act, Congress RFID technical infrastructure to support the Secretary of Homeland Security required the submission of a report to advanced identity verification in make the certification required in the appropriate congressional committees regarding the state incremental deployment phases. CBP subparagraph (B) or June 1, 2009.’’ Officers receive ongoing training on (Section 545, Omnibus Bill). enhanced driver’s license pilot program required by a separate provision of the WHTI policies and procedures and that Act. will continue as we approach full WHTI 14 The Air Rule did not change the requirements implementation, including technology for lawful permanent residents. Lawful Permanent Congress has asked for the following Residents of the United States continue to need to certifications: deployment, technology capability, and carry their I–551 cards and permanent residents of 1. National Institute of Standards and documentary requirements. CBP will Canada continue to be required to present a Technology (NIST) Certification. develop training requirements and passport and a visa, if necessary, as they did before plans, perform the required training, the rule came into effect. Acquire NIST certification for the 15 Pub. L. 109–295, 120 Stat. 1355 (Oct. 4, 2006). passport card concerning security provide on-site training support and 16 Id. at 546. See Congressional Record, 109th monitor its effectiveness through Cong., 2nd sess., September 29, 2006 at H7964. 18 Pub. L. 110–53, 121 Stat. 266 (Aug. 4, 2007). assessment and ongoing support. Initial 17 Id. 19 71 FR 60928. training was completed in January 2008.
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6. Passport Card Issuance. Certify that from WHTI implementation, beginning FAST, or SENTRI); (4) a valid MMD the passport card is available to U.S. January 31, 2008, CBP would begin when traveling in conjunction with citizens. requesting documents that help official maritime business; or (5) a valid DOS has developed an ambitious and establish identity and citizenship from U.S. Military identification card when aggressive schedule to develop the all U.S. and Canadian citizens entering traveling on official orders or permit. passport card and is making progress the United States. This announcement The Departments proposed that toward that goal. DOS issued the final was made to reduce the well-known Canadian citizens entering the United rule on December 31, 2007. DOS has vulnerability posed by those who might States at sea and land ports-of-entry accepted applications for the passport illegally purport to be U.S. or foreign would be required to present, in card since February 1, 2008, and expects citizens trying to enter the U.S. by land addition to a visa, if required: 22 to issue cards in spring 2008. or sea on a mere oral declaration. A 1. A passport issued by the 7. Common Land and Sea person claiming U.S. citizenship must Government of Canada; or Implementation. Certify to one establish that fact to the examining CBP 2. A valid trusted traveler program implementation date. Officer’s satisfaction, including by card issued by the Canada Border The final rule provides for one presenting documentation as necessary. Services Agency (CBSA) or DHS, e.g. implementation date for land and sea Historically, a U.S. citizen has had to FAST, NEXUS, or SENTRI.23 travel. present a U.S. passport only if such In the Land and Sea NPRM, DHS and 8. State Enhanced Driver’s License passport is required under the DOS also noted that they had engaged Projects. Certify to agreement for at least provisions of 22 CFR part 53. Since with the Government of Canada in one voluntary program with a state to January 31, 2008, DHS has expected the discussions of alternative documents test a state-issued enhanced driver’s evidence of U.S., Bermudian, or that could be considered for border license and identification document. Canadian citizenship to include either crossing use at land and sea ports-of- On March 23, 2007, the Secretary of of the following documents or groups of entry under the proposed rule. DHS and Homeland Security and the Governor of documents: (1) Document specified in DOS pledged continued engagement in Washington signed a Memorandum of CBP’s regulations as WHTI-compliant discussions of alternatives and Agreement to develop, issue, test, and for that individual’s entry; or (2) a welcomed comments suggesting evaluate an enhanced driver’s license government-issued photo identification alternative Canadian documents. and identification card with facilitative document presented with proof of Under the proposed rule, all technology to be used for border citizenship, such as a birth certificate. Bermudian citizens would be required crossing purposes. On September 26, CBP retains its discretionary authority to present a passport issued by the 2007, the Secretary of Homeland to request additional documentation Government of Bermuda or the United Security and the Governor of Vermont when warranted and to make individual Kingdom when seeking admission to the signed a similar Memorandum of exceptions in extraordinary United States at all sea or land ports-of- Agreement for an enhanced driver’s circumstances when oral declarations entry, including travel from within the license and identification card to be alone or with other alternative Western Hemisphere. used for border crossing purposes; on documents may be accepted. In the Land and Sea NPRM, the October 27, 2007, the Secretary and the As of January 31, 2008, CBP has Departments proposed that all Mexican Governor of New York also signed a required proof of citizenship, such as a nationals would be required to present Memorandum of Agreement. On birth certificate or other similar either: (1) A passport issued by the December 6, 2007, the Secretary of documentation as noted in the final rule Government of Mexico and a visa when Homeland Security and the Governor of for U.S. and Canadian children under seeking admission to the United States Arizona also signed a similar age 19. or (2) a valid Form DSP–150, B–1/B–2 Memorandum of Agreement to develop, visa Border Crossing Card (BCC) when issue, test, and evaluate an enhanced III. Summary of Document seeking admission to the United States driver’s license and identification Requirements in the Proposed Rule at land ports-of-entry or arriving by card.20 In the June 26, 2007, NPRM, the pleasure vessel or by ferry from Mexico. The Departments have worked very Departments proposed new The Departments proposed that BCCs closely to update the appropriate documentation requirements for U.S. alone would no longer be acceptable by congressional committees on the status citizens and nonimmigrant aliens from a Mexican national to enter the United of these certifications and will continue Canada, Bermuda, and Mexico entering States from Canada; instead, a Mexican to do so until final certifications are the United States by land from Canada national would need to present a made. DOS and DHS believe that these and Mexico, or by sea 21 from within the passport and visa when entering the certifications will be made well in Western Hemisphere. The proposed United States from Canada. advance of the June 1, 2009, deadline document requirements are summarized The Departments proposed that for implementation. In the unlikely below; for a full discussion of the Mexican nationals who hold BCCs event that the Departments are unable to proposed requirements, please refer to would be allowed to use their BCCs for complete all the necessary certifications the NPRM at 72 FR 35088 (hereinafter by June 1, 2009, the Departments will Land and Sea NPRM). 22 See 8 CFR 212.1(h), (l), and (m) and 22 CFR provide notice to the public and amend The Departments proposed that most 41.2(k) and (m). the date(s) for compliance with the 23 Canadian citizens who demonstrate a need may U.S. citizens entering the United States enroll in the SENTRI program and currently may document requirements for land and sea at all sea or land ports-of-entry would be use the SENTRI card in lieu of a passport. To enroll border crossings as necessary. required to present either: (1) A U.S. in SENTRI, a Canadian participant must present a passport book; (2) a U.S. passport card; valid passport and a valid visa, if required. Other II. Documentation at the Border foreign participants in the SENTRI program must (3) a valid trusted traveler card (NEXUS, In the Land and Sea NPRM, the present a valid passport and a valid visa, if required, when seeking admission to the United Departments announced that, separate 21 In some circumstances under this rule, it is States, in addition to the SENTRI Card. The important to distinguish between types of sea proposed rule did not alter the passport and visa 20 For more information on these enhanced travel. Those circumstances are so noted in the requirements for other foreign enrollees in SENTRI driver’s license projects, see http://www.dhs.gov. discussion of the final requirements. (i.e., other than Canadian foreign enrollees).
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entry at the land border from Mexico the REAL ID Act.26 In the January 29, which have been included and and, when arriving by ferry or pleasure 2008 rule, DHS indicated its intent to addressed in these comment responses. vessel from Mexico. For travel outside work with states interested in The majority of the comments (1,910 of certain geographical limits or for a developing driver’s licenses that will from the ANPRM) addressed only stay over 30 days, Mexican nationals meet both the REAL ID and WHTI potential changes to the documentation who entered the United States from requirements. requirements at land border ports-of- Mexico possessing a BCC would also be In the Land and Sea NPRM, the entry. One hundred and fifty-two required to obtain a Form I–94 from CBP Departments also proposed special comments from the ANPRM addressed as is currently the practice.24 The BCC circumstances for specific groups of changes to the documentation would not be permitted in lieu of a travelers permitting other documents: requirements for persons arriving at air passport for commercial or other sea • U.S. citizens on cruise ship voyages or sea ports-of-entry. Comments in arrivals in the United States. that originate and end in the United response to both the ANPRM and the The Departments also proposed States may carry government-issued Land and Sea NPRM were received from continuing the current practice that photo identification (IDs) and birth a wide range of sources including: Mexican nationals may not use the certificates, consular reports of birth Private citizens; businesses and FAST or SENTRI card in lieu of a abroad or certificates of naturalization; associations; local, state, federal, and • passport or BCC. Mexican national U.S. and Canadian citizen children tribal governments; members of the FAST and SENTRI participants, under age 16 and children age 16 to 18 United States Congress; and foreign however, would continue to benefit traveling in groups may carry originals government officials. from expedited border processing. or certified copies of birth certificates; The comments received in response to The Departments also proposed to U.S. citizen children may also carry the ANPRM and the Land and Sea eliminate the exception to the passport consular reports of birth abroad or NPRM regarding arrivals by land and requirement for Mexican nationals who certificates of naturalization; sea are addressed in this rulemaking. A • enter the United States from Mexico Members of the Kickapoo Band of summary of the comments from the solely to apply for a Mexican passport Texas and Tribe of Oklahoma may carry ANPRM, the Air and Sea NPRM, and or other ‘‘official Mexican document’’ at the Form I–872, American Indian Card; the Land and Sea NPRM follows with a Mexican consulate in the United The Land and Sea NPRM indicated complete responses to the comments. States located directly adjacent to a land that document requirements for Lawful A. General port-of-entry and who currently are not Permanent Residents (LPRs) of the required to present a valid passport. United States, employees of the DHS and DOS received thirty-nine This type of entry generally occurs at International Boundary and Water comments to the Land and Sea NPRM land borders.25 Commission (IBWC) between the United expressing general agreement with the In the Land and Sea NPRM, DHS and States and Mexico, workers on the Outer proposed requirements. DOS encouraged U.S. states to consider Continental Shelf (OCS), active duty DHS and DOS received several participation in enhanced driver’s alien members of the U.S. Armed comments to the August 11, 2006, Air license pilot programs and the Forces, and members of NATO-Member and Sea NPRM for implementation of Government of Canada to propose Armed Forces would remain WHTI in the air and sea environments acceptable WHTI-compliant documents unchanged. that opposed any requirements for land- The Departments also outlined certain that it would issue to its citizens. DHS border crossings. DHS and DOS approaches with regard to Native proposed to consider, as appropriate, received thirty comments to the Land Americans and Canadian Indians, as documents such as driver’s licenses that and Sea NPRM expressing general well as alternative approaches to satisfy WHTI requirements by denoting disagreement with the proposed rule. children and requested comments on identity and citizenship. These One commenter requested more the proposed alternatives for inclusion documents could be from a state, tribe, stringent document requirements than in this final rule. A discussion of those band, province, territory, or foreign proposed. approaches and the comments received government if developed in accordance follows in the comment response B. Implementation with enhanced driver’s license project section. agreements between those entities and 1. General DHS. In addition to denoting identity IV. Discussion of Comments Comment: One commenter to the and citizenship, these documents will In the ANPRM, the Air and Sea Land and Sea NPRM noted that a U.S. have compatible technology, security NPRM, and Land and Sea NPRM, DHS citizen cannot be denied entry to the criteria, and respond to CBP’s and DOS sought public comment to United States. operational concerns. assist the Secretary of Homeland Response: U.S. citizens cannot be On January 29, 2008, DHS published Security to make a final determination denied entry to the United States; in the Federal Register a final rule concerning which document, or however, the documents that this rule concerning minimum standards for combination of documents, other than requires are designed to establish state-issued driver’s licenses and valid passports, would be accepted at citizenship and identity. Travelers identification cards that can be accepted sea and land ports-of-entry. without WHTI-compliant documents for official purposes in accordance with DHS and DOS received 2,062 written who claim U.S. citizenship will undergo comments in response to the ANPRM additional inspection and processing 24 See 8 CFR 212.1(c)(1)(i); also 22 CFR 41.2(g). and over 1,350 written comments in until the inspecting officer is satisfied If Mexicans are only traveling within a certain geographic area along the United States’ border response to the Land and Sea NPRM. that the traveler is a U.S. citizen, which with Mexico; usually up to 25 miles from the border The Departments also received several could lead to lengthy delays. but within 75 miles under the exception for Tucson, comments to the August 11, 2006, Air Comment: Two commenters to the Arizona, they do not need to obtain a form I–94. If and Sea NPRM that addressed sea or Land and Sea NPRM expressed concern they travel outside of that geographic area, they must obtain an I–94 from CBP at the port-of-entry. land travel or the WHTI plan generally, that the manner by which DHS is 8 CFR 235.1(h)(1). certifying itself as being ready to 25 See 8 CFR 212.1(c)(1)(ii). 26 See REAL ID Final Rule at 73 FR 5272. implement WHTI does not allow
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Congress to exercise the necessary or for humanitarian or national interest Several comments to the Air and Sea oversight of the WHTI program. reasons should also extend to Canadian NPRM and to the Land and Sea NPRM Response: DOS and DHS disagree. and Mexican citizens. One commenter asked for an extended implementation The Departments are in the process of to the Land and Sea NPRM requested timeline. One commenter stated that taking the necessary steps to be able to that DHS consult with local emergency WHTI in the land and sea environments make all certifications to Congress as responders so that WHTI does not should be implemented as soon as required by statute. WHTI is a compromise their ability to protect possible. A few commenters urged that significant operational change in a American and Canadian communities. the Departments give the public ample series of changes that are aimed at Response: Pursuant to IRTPA, this opportunity to prepare for the final transforming the land border final rule provides for situations in implementation. Twenty-four management system. DHS will utilize which documentation requirements may commenters recommended delaying the technology currently in place at all be waived for U.S. citizens on a case-by- implementation until pilot projects and ports-of-entry to read any travel case basis for unforeseen emergencies or field trials had been completed. Two document with a machine-readable ‘‘humanitarian or national interest hundred and six commenters zone, including passports and the new reasons.’’ Similarly, CBP has authority recommended that DHS should set a passport card. CBP Officers have been to temporarily admit non-immigrant clear implementation date of June 2009. trained in use of this infrastructure. In aliens into the United States on a Six commenters requested a flexible addition, CBP will deploy an integrated temporary basis in case of a medical or and phased implementation approach RFID technical infrastructure to support other emergency, which is not changed for WHTI. Thirty-six commenters advanced identity verification in by this final rule. Finally, local recommended ensuring that there is a incremental deployment phases. CBP emergency responders routinely consult critical mass of WHTI-compliant Officers receive ongoing training on with local CBP offices regarding entry documentation (i.e., passports, NEXUS, WHTI policies and procedures and that procedures into the United States FAST, and enhanced driver’s licenses) will continue as we approach full WHTI during emergency situations. in circulation prior to WHTI implementation, including technology implementation at land and sea ports-of- Comment: One commenter stated that deployment, technology capability, and entry. One commenter to the Land and the Land and Sea NPRM would be documentary requirements. CBP will Sea NPRM requested that key contrary to U.S. obligations under develop training requirements and benchmarks relating to document international human rights law, free plans, perform the required training, availability and installation of required trade agreements, and U.S. statutes, provide on-site training support and infrastructure be developed to including the International Covenant on monitor its effectiveness through determine the timeline for full Civil and Political Rights, the Charter of assessment and ongoing support, with implementation. the Organization of American States, the initial training having been completed Response: Since the publication of the in January 2008. North American Free Trade Agreement NPRM, Congress has amended section The Departments have worked very (NAFTA), and the NAFTA 7209 by the 200 Omnibus Bill, to closely to update the appropriate Implementation Act because the rules prohibit WHTI from being implemented congressional committees on the status restrict free movement of people in the before June 1, 2009, at the earliest. DHS of the certifications and will continue to Western Hemisphere. and DOS will transition toward WHTI do so until final certifications are made. Response: DHS and DOS are not secure document requirements over the Moreover, the National Institute of denying U.S. or non-U.S. citizens the next 16 months, with implementation Standards and Technology (NIST) ability to travel to and from the United on June 1, 2009. This allows ample time certified on May 1, 2007, that the States by requiring an appropriate for the public to prepare for the change. architecture of the passport card meets document for admission. Pursuant to 8 Comment: Two commenters stated or exceeds the relevant standard and the U.S.C. 1182(a)(7)(A) and 1185, DHS and that ending oral declarations on January best practices for protection of personal DOS have authority to require sufficient 31, 2008, without a plan would cause identification documents as specified in proof of identity and citizenship via substantial delays at ports-of-entry and the statute. DOS and DHS are on track presentation of a passport or alternative suggested a single implementation date to make all certifications well in document when seeking entry to the of 2009 rather than a phased advance of the June 1, 2009 United States. By requiring a valid implementation. Three commenters implementation date. passport or other alternative document were concerned about how the Comment: Approximately two for entry to the United States from elimination of the practice of accepting hundred commenters to the Land and within the Western Hemisphere, DHS oral declarations of citizenship and how Sea NPRM requested that the and DOS are eliminating a historical processing of travelers without Departments commit sufficient exemption of the requirement that all documents in the transition phase will resources to fully implement WHTI, U.S. citizens and other travelers must impact the flow of traffic at busy border including technology, staffing, funding, posses a passport to enter the country. crossings. Response: In the Land and Sea NPRM, training, and marketing. 2. Timeline Response: DOS and DHS are fully the Departments announced that, committed to providing the necessary Comment: DHS and DOS received one separate from WHTI implementation, resources to implement WHTI, hundred and ten comments to the beginning January 31, 2008, CBP would including technology, staffing, funding, ANPRM regarding the timeline for begin requesting documents that training, and outreach to the traveling implementation of WHTI. Ten of the evidence identity and citizenship from public. ANPRM commenters believed that all U.S. and Canadian citizens entering Comment: Several commenters raised WHTI should be implemented sooner the United States at land and sea ports- concerns about requiring passports or than proposed. Nine of these of-entry. This change was made to other forms of documentation during commenters approved of the timelines reduce the well-known vulnerability emergency situations. One commenter proposed, and ninety-four commenters posed by those who might illegally stated that the passport waiver for U.S. believed that the timeline should be purport to be U.S. or foreign citizens citizens during unforeseen emergencies extended. trying to enter the United States by land
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or sea on a mere oral declaration. As of the ANPRM stating that the technology is currently used as part of January 31, 2008, a person claiming U.S. implementation of WHTI at the land existing trusted traveler programs. The citizenship must establish that fact to borders would result in travel delays at RFID chip contained in the passport the examining CBP Officer’s the ports-of-entry. Ten commenters to card issued by DOS will not contain any satisfaction, generally through the the Land and Sea NPRM recommended personal information. The vicinity RFID presentation of a birth certificate and that the ‘‘border crossing agencies’’ technology to be deployed would act as government-issued photo identification. implement a plan to anticipate and a pointer to a secure CBP database and CBP retains its discretionary authority mitigate longer waits at key border does not transmit personal information. to request additional documentation crossings. The information is presented to CBP when warranted and to make individual Response: DHS has analyzed the officers as the traveler pulls up to an exceptions in extraordinary potential for travel delays at the ports- inspection booth, thus facilitating faster circumstances when oral declarations of-entry in the document ‘‘Western processing of the individual. alone or with other alternative Hemisphere Travel Initiative in the documents may be accepted. Land and Sea Environments: 5. Cruise Ships CBP has relied on its operational Programmatic Environmental Comment: Four commenters to the experience in processing travelers Assessment.’’ The public was invited to Land and Sea NPRM stated their entering the United States by land to comment on this analysis. DHS has appreciation that passports will not be ensure that the elimination of oral concluded that implementation of required for those cruise passengers declarations is implemented in a WHTI in the land environment will not departing and returning to the United manner that will minimize delays while have an adverse impact on wait times. States. One commenter disagreed with achieving the security benefit By using documents that contain an the proposed alternative document underlying WHTI. The changes that MRZ or employ RFID technology, the requirement for certain U.S. citizen took place January 31, 2008, have gone Departments anticipate that wait times cruise ship passengers. smoothly. Compliance rates are high will decrease. The final Programmatic Response: DHS and DOS appreciate and continue to increase. There have Environmental Assessment is available these comments, and have decided to been no increases in wait times at http://www.cbp.gov. adopt in the final rule the NPRM attributable to the end of accepting oral 4. Technology provision addressing U.S. citizens on declarations alone at the border. round-trip cruises. Thus, U.S. citizens Comment: One commenter to the Comment: Eight commenters to the traveling entirely within the Western Land and Sea NPRM stated that WHTI Land and Sea NPRM stated that WHTI Hemisphere may present a government- implementation should be delayed until should not be implemented until RFID issued photo ID along with an original a study underway at the Government technology has been deployed. These Accountability Office (GAO) is commenters also stated that RFID or a copy of a birth certificate instead of completed. Another commenter called technology should be deployed at all a document designated in this final rule upon DHS to conduct a more land-border crossings. Six hundred and if they: (1) Board a cruise ship at a port comprehensive economic impact thirty-eight commenters stated that or place within the United States and (2) analysis before the proposed rule is appropriate infrastructure and return to the same U.S. port or place promulgated. personnel should be in place for a from where they originally departed. In Response: The Departments welcome program of this magnitude. addition, DHS and DOS added a new congressional oversight and have Response: DHS is committed to provision that clarifies that U.S. citizens cooperated with several GAO ensuring that infrastructure and fully under the age of 16 are required to engagements that have directly or trained personnel are in place to present either an original or a copy of indirectly touched on WHTI. The successfully implement WHTI in the his or her birth certificate without Departments intend to fully implement land environment. DHS believes that having to provide a photo ID. WHTI on June 1, 2009, the earliest deploying new RFID technology at Regarding the comment opposing possible date, which the Departments certain land ports-of-entry, in alternative document requirements for believe is in the best interests of combination with existing technology, cruise ship passengers, because of the national security. Additionally, the is the most cost-effective way to nature of round trip cruise ship travel, Departments are providing ample time enhance security while ensuring the DHS has determined that when U.S. for robust communication efforts to and efficient flow of trade and travelers. citizens depart from and reenter the preparation by the traveling public. DHS believes that RFID deployment to United States on board the same cruise While the Departments will consider the low-volume land-border ports-of-entry ship, they pose a low security risk in findings of these GAO engagements in the near future is unnecessary given contrast to cruise ship passengers who with regard to WHTI implementation, it the current traffic volumes. embark in foreign ports. Therefore, is not necessary, nor would it be Comment: Two commenters to the under certain conditions, U.S. citizen appropriate, to delay implementation of Land and Sea NPRM stated that DHS cruise ship passengers traveling within WHTI until any particular GAO report and DOS should reconsider the use of the Western Hemisphere will be is completed. Moreover, CBP has also vicinity RFID technology in the passport permitted to present alternative conducted a robust economic analysis of card because of the substantial privacy documentation as described in section the proposed rule, as detailed in the and security risks. Four commenters V.A. of this document. Land and Sea NPRM and elsewhere in stated that the implementation of WHTI 6. MODUs/OCS this document, in accordance with should protect the personal privacy of applicable laws, regulations, and travelers. Comment: One commenter to the policies. Response: Based on experience to Land and Sea NPRM supported the date with the use of RFID technology, clarification on document requirements 3. Security and Other Operational DHS is confident that existing and for workers returning to and from Considerations future vicinity RFID-enabled documents Mobile Offshore Drilling Units (MODUs) Comment: DHS and DOS received can be used at the border in a manner within the United States Outer approximately thirty-five comments to that safeguards personal privacy. RFID Continental Shelf (OCS).
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Response: DHS and DOS appreciate passports, stating that passports are DHS and DOS received many comments this comment. DHS and DOS clarified in easily falsified or altered. One stating that passports are too expensive the Land and Sea NPRM that offshore commenter stated that passports can be for routine cross-border visits and that workers who work aboard Mobile intercepted in the mail and falsified. the cost of the passport book should be Offshore Drilling Units (MODUs) Response: A primary purpose of the reduced or eliminated. Several attached to the United States Outer passport has always been to establish commenters requested that DOS offer Continental Shelf (OCS), and who travel citizenship and identity. It has been lower rates for families, the elderly, and to and from MODUs, would not need to used to facilitate travel to foreign children under 18. One commenter was possess a passport or other designated countries by displaying any appropriate concerned about the eventual cost of the document to re-enter the United States visas or entry/exit stamps. Passports are passport card. One commenter stated if they do not enter a foreign port or globally interoperable, consistent with that the cost of the passport card should place. Upon return to the United States worldwide standards, and usable be reasonable and it should remain less from a MODU, such an individual regardless of the international expensive than a passport. One would not be considered an applicant destination of the traveler. As such, we commenter to the Land and Sea NPRM for admission for inspection purposes recognize that false passports are requested a no-cost passport card for under 8 CFR 235.1. Therefore, this valuable assets for dangerous people. travelers who cross international individual would not need to possess a We take precautionary measures to borders at unique geographical passport or other designated document verify passports and share information locations. One commenter urged the when returning to the United States. with international partners regarding State Department to provide expedited DHS and DOS note that, for immigration lost and stolen passports. passport service to truck drivers at no purposes, offshore employees on U.S. passports incorporate a host of additional charge. Five commenters to MODUs underway, which are not security features. These security features the Land and Sea NPRM suggested that considered attached to the OCS, would include, but are not limited to, rigorous U.S. passport fees be waived for Indian not need to present a passport or other adjudication standards and document tribal members. One commenter stated designated document for re-entry to the security features. The adjudication that the cost of obtaining a passport United States mainland or other standards establish the individual’s would cause people not to travel, territory if they do not enter a foreign citizenship and identity and ensure that negatively affecting commerce. port or place during transit. However, the individual meets the qualifications Response: Title 22 of the United an individual who travels to a MODU for a U.S. passport. The document States Code mandates that DOS charge directly from a foreign port or place and, authentication features include digitized a fee for each passport application and therefore, has not been previously photographs, embossed seals, a fee for executing each application, inspected and admitted to the United watermarks, ultraviolet and fluorescent where applicable. The law and States, would be required to possess a light verification features, security implementing regulations provide for passport or other designated document laminations, micro-printing, and certain exemptions from passport fees, when arriving at the United States port- holograms. but the law does not provide DOS the of-entry by sea. An application for a U.S. passport is discretion to create additional adjudicated by trained DOS experts and exemptions or a reduced fee category C. Passports issued to persons who have documented based on the personal circumstances of the individual. Children do benefit from 1. General their identity and United States citizenship by birth, naturalization or a lower application fee but it reflects the Comment: Thirty-one commenters to derivation. Applications are subject to reduced validity period of the passport the Land and Sea NPRM stated that additional Federal government checks rather than a concession based on age. increasing the number of documents in to ensure the applicants are eligible to Please see the passport card final rule () circulation will increase the number of receive a U.S. passport under applicable for more information on the cost documents that are lost, stolen or standards. structure of the passport card. See 72 FR misplaced, and thus individuals in U.S. passports are delivered by 74169. these circumstances will need expedited priority mail with delivery confirmation 3. Obtaining Passports replacement. One commenter to the providing proof of receipt at the Land and Sea NPRM expressed concern addressee’s zip code. Mail carriers are Comment: DHS and DOS received about how to enter the United States if instructed to scan the Priority Mail seven comments to the Land and Sea his passport had been lost or stolen. piece at the time it is delivered to the NPRM asking why a birth certificate had Response: U.S. citizens whose address indicated on the envelope. to be submitted with the passport passports are lost or stolen can apply for Priority Mail envelopes also help application or an old passport had to be replacements and request expedited protect the passport from loss or theft. submitted along with a renewal service if necessary. Individuals who are The envelopes are sturdy and less likely application, thus potentially leaving abroad and have an urgent need to to become damaged or unsealed during travelers without a passport or a birth travel are generally issued a one-year, mail processing. certificate to use for international travel. limited validity passport that will Foreign passports accepted for Response: To prevent fraud, original enable them to continue their trips. That admission to the United States must birth certificates must be examined by passport will be replaced within the meet the standards set out in the passport examiners who are trained in year for no additional fee either International Civil Aviation fraud detection before they are returned domestically or abroad. Individuals who Organization (ICAO) 9303, and a CBP to the applicant. For the same reason, a are within the United States and have inspecting officer verifies and person is not permitted to hold two an urgent need to travel may pay a fee authenticates such passports presented valid passports of the same type except for expedited processing as defined in for admission to the United States. on DOS authorization. DOS physically 22 CFR 51.56. cancels current passports when it issues Comment: One commenter to the 2. Cost of Passports new passports, therefore, current or old Land and Sea NRPM raised concerns Comment: In response to the Air and passports have to be submitted during about the security of U.S. and foreign Sea NPRM and Land and Sea NPRM, the renewal process. If a passport is
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needed for urgent travel, the traveler can interoperable travel document as could be considered for border crossing request expedited service. defined by the International Civil use at land and sea ports-of-entry. DHS Aviation Organization (ICAO). In fact, and DOS have shared technology and 4. DOS Issuance Capacity designating the card format passport for procurement specifications with the Comment: DHS and DOS received one wider use, including by air travelers, Government of Canada regarding hundred eighty-four comments to the would inadvertently undercut the alternative travel documents and Land and Sea NPRM that expressed broad-based international effort to welcome continued engagement with concern that DOS would not be able to strengthen civil aviation security and Canadian counterparts to implement timely process the increased numbers of travel document specifications to WHTI. Alternative identity and passport applications that will result address the post 9/11 threat citizenship documents issued by the from implementation of the rule. One environment because it would not meet Government of Canada will be commenter stated that standard all the international standards for considered in the future. applications should be processed in six passports and other official travel Comment: One commenter to the weeks and expedited applications in documents. Moreover, in its NPRM recommended that the card one week. One commenter stated that consideration of the 2007 should expire not less than ten years with the increase of passport Appropriations Act for the Department from the date issued. applications, adjudicators within DOS of Homeland Security, Congress, while Response: Passport cards, like are not given enough time to thoroughly allowing for the use of the passport card passport books, will be valid for ten check them. One commenter stated that by citizens traveling by sea between the years for adults and five years for the wait time in applying for the United States, Canada, Mexico, the children less than 16 years of age. passport card should be less than thirty Caribbean, or Bermuda, did not make days. parallel changes regarding international D. Alternative Documents Response: Prior to the implementation air travel. 1. General of the first phase of WHTI in January Comment: DHS and DOS received five 2007, DHS and DOS conducted a comments to the Land and Sea NPRM Comment: DHS and DOS received successful campaign to alert the stating that the implementation of WHTI approximately 230 comments to the traveling public and stakeholders in the should not take place until the passport ANPRM requesting alternative private sector to the new document card is available. One commenter documentation to the traditional requirements implemented in the air suggested that the passport card should passport book. Almost half of those phase, particularly in the aviation and be issued in conjunction with existing commenters wanted a low-cost travel and tourism industries. state licensing agencies with federal identification card that could be used DOS has taken numerous measures in support. Four commenters stated that for crossing the border. Many response to the increased demand the passport card could not possibly be commenters requested that existing CBP resulting from the implementation of designed, tested, publicized, and be Trusted Traveler cards be accepted. WHTI. DOS has created hundreds of readily obtainable by the summer of Several commenters asked for a clear new positions and is currently 2008. One commenter stated that the definition of the documents that would producing more than 1.6 million issuance of a passport card would not be acceptable under WHTI for land passports per month. DOS anticipates facilitate spontaneous travel. travel. A few commenters stated that increasing passport issuance to 500,000 Response: As stated in the Land and only the passport should be acceptable. documents a week. DOS is also Sea NPRM, in which the Departments Two commenters asked that a planning to open additional passport jointly announced the next phase of Transportation Worker Identification facilities around the country. Through WHTI addressing entry into U.S. land Card (TWIC) be designated as an these efforts, DOS expects to be able to and sea ports-of-entry, DHS and DOS acceptable document. meet the increased demand resulting have considered the operational DHS and DOS received three from the implementation of WHTI in the challenges posed by the new comments to the Land and Sea NPRM land and sea environments. requirements. As a result, the requesting a low-cost identification card Departments are taking a flexible, that could be used for crossing the 5. Passport Cards practical approach to land border. Eleven commenters to the Land Comment: DHS and DOS received implementation that considers a variety and Sea NPRM supported the four comments to the Air and Sea of factors, including the availability of opportunity for travelers to present a NPRM for implementation of WHTI in passports, passport cards, and state- variety of government-approved the air and sea environments requesting issued enhanced driver’s licenses identifications. Three commenters that the passport card be designated as pursuant to project agreements with requested DHS and DOS to further study an acceptable document in the air DHS. During this transition period, U.S. the possibility for alternative environment. Two commenters to the citizens will be able to obtain the identification that would be accepted in Land and Sea NPRM did not support the documents necessary to satisfy WHTI. place of a passport. issuance of passport cards because the Comment: The Government of Canada Response: Other acceptable cards cannot be used for international commented on the Land and Sea NPRM documents are designated in this rule by travel beyond Canada, Mexico, the and encouraged the sharing of the the Secretary of Homeland Security as Caribbean, or Bermuda. technological and procurement sufficient to establish identity and Response: The passport card is specifications of the U.S. passport card citizenship at land and sea ports-of- intended as a lower cost means of in order to assist in the development of entry. For U.S. citizens, along with the establishing identity and nationality for comparable passport card options in passport and lower-cost passport card, U.S. citizens in two limited situations— other countries. CBP Trusted Traveler cards under the for U.S. citizens crossing U.S. land Response: DHS and DOS have NEXUS, SENTRI, and FAST programs borders and traveling by sea between engaged with the Government of Canada will be accepted under this rule. In the United States, Canada, Mexico, the in discussions of alternative documents addition, identification cards issued to Caribbean, or Bermuda. The passport proposed by the Canadian federal military members of the U.S. Armed card is not designed to be a globally government and several provinces that Forces will be accepted when such
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personnel are traveling on official travel final rule for a non-photo identification from a passport requirement is the best orders. Merchant Mariner Documents document (e.g., fingerprint verification) approach to balance security and travel (MMDs) issued by the U.S. Coast Guard for persons who object to being efficiency considerations in the cruise to U.S. citizens will also be accepted photographed based on their religious ship environment. In contrast, because when traveling for official maritime beliefs. of the myriad government entities that business. Response: While DHS and DOS issue birth certificates and because of Canadian citizens will be able to remain sensitive to the concerns of the greater potential for counterfeiting present CBP Trusted Traveler Cards. different religious groups, the or adulteration associated with general The Border Crossing Card (BCC) issued Departments must balance those use in the land and sea environments, by DOS to Mexican nationals will be concerns against the need to secure our the Departments have determined that it accepted when coming from Mexico. borders through the implementation of is not prudent to permit the Documents issued as part of a DHS- the document standards required by combination of birth certificates and approved state enhanced driver’s WHTI. In particular, photographs serve driver’s licenses generally for adults license project will be acceptable a unique and essential function and when single, secure documents are according to the agreement between the significantly minimize the opportunities available. CBP recognizes that residents individual state and DHS, or the for document fraud, unlike fingerprints, of unique geographic locations face Government of Canada and DHS. Details by allowing an inspecting CBP officer or special challenges in that some must on state enhanced driver’s license any law enforcement officer to travel through Canada to get from their projects will be published as notices in immediately compare the picture on the homes in the United States to their the Federal Register as they are document against the traveler. In order schools, jobs, and hospitals in other finalized. to be consistent with international travel areas of the United States. CBP has In addition to the documents standards, DHS is requiring all adult worked with many of these described above, DHS and DOS are travelers to carry a government-issued communities over the years to facilitate providing alternatives to the passport photographic identification document. travel. Full implementation of WHTI requirement for children under 16, Failure to do so may result in delays at will not diminish CBP’s ability to utilize children under 18 traveling in groups, the border as officers try to determine existing protocols and other inspection Native American U.S. citizens, identity and citizenship. processes to admit travelers to and from Canadian Indians, and certain U.S. 2. Driver’s License and Birth Certificate unique geographic locations. The cruise passengers on ‘‘closed-loop’’ Departments have elected not to adopt voyages that originate in the United Comment: DHS and DOS received any of the remaining comments. States. DHS and DOS encourage U.S. almost 300 comments to the ANPRM Comment: DHS and DOS received states and Canadian provinces (through stating that the combination of a driver’s several comments to the Land and Sea the Government of Canada) to license and birth certificate should be NPRM stating that because the participate in enhanced driver’s license acceptable to denote an individual’s combination of a driver’s license and projects. citizenship and identity. DOS and DHS birth certificate is acceptable aboard a Comment: Four commenters to the received several comments to the Land cruise ship, it should also be acceptable Land and Sea NPRM asked for a and Sea NPRM stating that a driver’s documentation for land-border entries. definition of ‘‘availability’’ concerning license and birth certificate should be One commenter stated that because the documents that will be accepted under acceptable to denote an individual’s land-border tourist industry has a far WHTI. citizenship and identity. One larger impact on the U.S. economy than Response: In the Land and Sea NPRM, commenter stated that because Native the cruise-ship industry, the land border the Departments stated, in the context of Americans can use their tribal deserves no less protection and implementation and the effective date of identification cards, northern-border consideration. the final rule: citizens should be allowed to use their Response: DHS and DOS disagree. As state or province-issued birth mentioned previously, due to the At a date to be determined by the Secretary certificates and driver’s licenses. Thirty- operational environment and the of Homeland Security, in consultation with eight commenters stated that they security risks assessed, the Departments the Secretary of State, the Departments will should be exempt from a passport implement the full requirements of the land have determined that U.S. citizens may and sea phase of WHTI. The implementation requirement due to their unique use the combination of a driver’s license date will be determined based on a number geographic location. Two commenters and birth certificate when traveling on of factors, including the progress of actions requested special provisions for waiving certain cruise-ship voyages. As detailed undertaken by the Department of Homeland passport requirements for North in the Land and Sea NPRM, the security Security to implement the WHTI American Indians traveling through the risks associated with designating this requirements and the availability of WHTI U.S. border. One commenter disagreed document combination for U.S. citizens compliant documents on both sides of the with the cruise ship exemption for U.S. on round-trip cruises are low. See 72 FR 27 border. * * * citizens. 35096. DHS and DOS have carefully In this context, ‘‘availability’’ means Response: The Departments agree that considered the issues surrounding that WHTI-designated documents exist U.S. citizens may use the combination protection of our land borders and have and the public can obtain them. The of a driver’s license and birth certificate determined that the documents Departments are publishing this final when traveling on ‘‘closed loop’’ cruise designated in this rule for entry at land rule with ample notice to the traveling ship voyages, where the U.S. citizen ports-of-entry reflect the best approach public. This will also allow sufficient departs from a U.S. port or place and to balance security and travel efficiency time for the traveling public to obtain returns to the same U.S. port upon considerations in the land environment. documents before June 1, 2009. completion of the voyage. Accordingly, Comment: Three commenters to the Comment: Thirteen commenters to we disagree with the commenter Land and Sea NPRM recommended that the Land and Sea NPRM asked that the advocating that the Departments not senior citizens be permitted entry to the Departments include a provision in the adopt a special provision for cruise United States using government-issued travel. DHS and DOS have determined photo identification with proof of 27 72 FR at 35096. that exempting certain cruise passengers citizenship based on their low security
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risk, significant cross-border linkages, supported the proposed requirements photo identification other than a and limited financial resources. for children. Four commenters to the passport. Response: DHS and DOS appreciate Land and Sea NPRM suggested the Under this final rule, U.S. citizen this comment. DHS and DOS are exemption from presenting a passport children under age 19, who are traveling sensitive to the needs of senior citizens be raised to age 16 and under. One with public or private school groups, and note that DOS will be offering a commenter stated that it would be religious groups, social or cultural lower cost passport card as an appropriate to exempt children under alternative to the passport book. Senior the age of 18. Sixty-eight commenters organizations, or teams associated with citizens who live in participating states supported the provisions being made for youth sport organizations that arrive at or provinces may also be eligible to children traveling with their families, in U.S. sea or land ports-of-entry from obtain an enhanced driver’s license. groups, or with chaperones. One contiguous territory, are permitted to present either: (1) An original or a copy 3. Trusted Traveler Documents commenter stated that there was concern for the treatment of children if of a birth certificate; (2) a Consular Comment: Three commenters to the they have lost their documentation and Report of Birth Abroad issued by DOS; Land and Sea NPRM expressed concern were detained at the border. One or (3) a Certificate of Naturalization that the existing NEXUS card is not commenter asked that U.S. and issued by USCIS. Under this provision, considered an acceptable form of ID at Canadian children traveling in groups groups of children must be under the the border. One commenter sought early for short trips should not be required to supervision of an adult affiliated with written assurances that NEXUS cards carry an original or certified copy of a the organization (including a parent of will be recognized as entry documents birth certificate if accompanied by a one of the accompanied children who is in non-dedicated commuter lanes. One chaperone. One commenter stated that only affiliated with the organization for commenter stated that DHS should attendance by students who are not purposes of a particular trip) and all the make it a priority to expand both members of athletic teams at high children have parental or legal guardian NEXUS and FAST. school events is jeopardized by this consent to travel. Canadian citizen Response: Existing NEXUS cards are proposal. children under age 19 who are traveling already acceptable documents for entry Response: Under this final rule, all in groups are permitted to present an at land and sea ports-of-entry. CBP is U.S. citizen children under the age of 16 original or a copy of a birth certificate, upgrading the card format/features and are permitted to present at all sea and a Canadian Citizenship Card, or is conducting a robust training program land ports-of-entry when arriving from for its personnel at these ports of entry contiguous territory either: (1) An Canadian Naturalization Certificate to ensure that CBP Officers enforce both original or a copy of a birth certificate; under the same circumstances. For the current documentation procedures (2) a Consular Report of Birth Abroad purposes of this alternative procedure, recognizing trusted traveler cards and issued by DOS; or (3) a Certificate of an adult would be considered to be a the WHTI requirements uniformly. Naturalization issued by U.S. person age 19 or older, and a group Comment: Twenty-six commenters to Citizenship and Immigration Services. would consist of two or more people. the Land and Sea NPRM requested the The Departments have decided to While DHS and DOS are sensitive to expansion of the NEXUS, SENTRI, and expand the list of documents Canadian the needs of school groups, carrying an FAST programs. Four commenters children may present. Under the final original or copy of a birth certificate requested that the Trusted Traveler rule, Canadian citizen children under represents the minimum travel Programs be promoted more the age of 16 are permitted to present an requirement a person would possess to aggressively. Two commenters original or a copy of a birth certificate, enable us to secure our borders through requested that the government explore a Canadian Citizenship Card, or the implementation of WHTI. opportunities and technologies to Canadian Naturalization Certificate at further develop frequent border crossing all sea and land ports-of-entry when Comment: Six commenters to the programs. Two commenters requested arriving from contiguous territory. The Land and Sea NPRM requested that the expansion of the NEXUS program to final rule relaxes the birth certificate children of Mexican citizenship be include driver’s licenses. Three requirement by allowing presentation of included in the special requirements for commenters stated it is imperative that either an original or copy of a birth children under the age of 16 or under the phrase ‘‘as a participant in the certificate, rather than an original or a the age of 19 when traveling in groups. program’’ be interpreted broadly enough certified copy as proposed in the NPRM. One of these commenters questioned to cover situations where truck drivers DHS and DOS have determined that why Mexican children under the age of are crossing the border in a regular age 16 is the most appropriate age to 16 were not included under the special commercial or traveler lane for both begin the requirement to present a requirements for children as Canadian NEXUS and FAST. passport book, passport card (for U.S. children were. citizens), or other approved document Response: CBP is expanding the Response: IRTPA directs DHS and because at that age most states begin NEXUS, SENTRI, and FAST Trusted DOS to implement a plan to require Traveler programs to accommodate an issuing photo identification to children, documents for citizens for whom the increase in applications expected as a such as a driver’s license, and at that general passport requirements have result of the implementation of WHTI. point, the child would, consequently, have a known and established identity previously been waived, not to 4. Children/Groups of Children/ that could be readily accessed by border eliminate document requirements Alternative Approaches/Parental security and law enforcement currently in place. All Mexican citizens, Consent personnel. Also, age 16 is the age at including children, are currently Comment: Thirty-one commenters to which DOS begins to issue adult required to present either a passport and the ANPRM asked to allow travelers passports, valid for 10 years instead of visa, or a BCC upon arrival in the under the age of 16 to use a birth 5 years for children. DHS and DOS also United States. DHS and DOS are not certificate as sufficient proof of identity recognize that it is difficult for the changing the current document and citizenship. Ninety-three majority of children under age 16 to requirements for children of Mexican commenters to the Land and Sea NPRM obtain a form of government-issued citizenship entering the United States.
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Question From the Proposed Rule: 5. State Enhanced Driver’s License crossing purposes. Under this final rule, Alternative Approach for Children; Projects U.S. citizens arriving from contiguous Parental Consent Comment: DHS and DOS received two territory and adjacent islands may comments to the Air and Sea NPRM present the enhanced driver’s license In the Land and Sea NPRM, the stating that the best solution to and identification card issued by the Departments solicited comments on increasing security at our borders is one State of Washington at land and sea whether a traditional passport or a that incorporates improved technology ports-of-entry. passport card should be required for any in existing documentation, such as a To establish an EDL program, each child under 16 entering the United driver’s license. Thirty commenters to entity individually enters into States without his/her parents and not the Land and Sea NPRM stated that agreement with DHS based on specific factors such as the entity’s level of in a group. DOS and DHS also solicited WHTI should not be implemented until interest, funding, technology, and other comments on what would be the all state or provincial enhanced driver’s development and implementation advantages and disadvantages to license pilot programs are in place. Six factors. As each EDL program is specific requiring a traditional passport or a Canadian provinces urged DHS to to each entity, DHS does not intend to passport card, and not allowing child explicitly recognize their proposed delay the implementation of WHTI until travelers in such circumstances to rely enhanced driver’s license in the final all potential state and provincial upon a birth certificate, Consular Record rule. Twelve commenters supported enhanced driver’s license projects are of Birth Abroad, or Certificate of proposed state pilot programs. One operational. However, DHS will Naturalization. hundred-eight commenters continue to welcome states and Comment: Two commenters to the recommended that DHS recognize an provinces interested in implementing Land and Sea NPRM requested that a enhanced driver’s license denoting EDL programs—even those that start child under the age of 16 who is identity and citizenship for entry by after WHTI implementation. traveling with only one parent not be both Canadian and American citizens. Comment: Two commenters required to have a letter of consent to One commenter stated that programs for recommended a meeting with all state travel from the other parent. One producing an enhanced driver’s license driver’s license directors by January commenter stated that there needs to be need more time for development and 2008 before the completion of the a solution concerning a child traveling distribution prior to the summer of Washington State pilot program. across the border with an extended 2008. Eleven commenters recommended Response: DHS appreciates this family member who is not the parent. completing an enhanced driver’s license comment and remains committed to pilot project prior to implementation of Response:: While the Departments working on a continuing basis with and WHTI. Fifty-six commenters to the Land coordinating efforts among states take seriously the issue of child and Sea NPRM requested financial and abduction, the final rule does not interested in developing, testing, and technical assistance from the Federal implementing pilot programs for require a passport or passport card for government so that states could produce enhanced driver’s licenses. DHS children or evidence of parental consent enhanced driver’s licenses. encourages states interested in for the child to cross the international Response: DHS encourages U.S. states developing enhanced driver’s licenses border. Parents are strongly encouraged and Canadian provinces acting through to work closely with DHS to that end. to check the requirements of the the Canadian Government to undertake governments of Mexico and Canada for enhanced driver’s license projects. In a 6. Mexican/Canadian/Bermudian child travelers as well as review the separate notice published concurrently Documents guidance on the DOS and DHS Web in the Federal Register with this final Comment: Two commenters to the sites when planning international travel rule, DHS will designate the Land and Sea NPRM mistakenly for their children. Washington State enhanced driver’s believed that DHS had accepted Under this final rule, a U.S. citizen license as acceptable and notes that Canadian provincial driver’s licenses who is under the age of 16 is permitted additional such documents will be under the proposed rule. Eleven to present either an original or a copy added by notice. DHS will consider commenters appreciated DHS’s of his or her birth certificate, a Consular documents such as U.S. state and acceptance of alternative Canadian Report of Birth Abroad issued by DOS, Canadian provincial enhanced driver’s citizenship and identity documents. or a Certificate of Naturalization issued licenses that satisfy the WHTI Four commenters urged DHS and DOS by USCIS when entering the United requirements by denoting identity and to work with border states and Canadian States from contiguous territory at sea or citizenship undertaken pursuant to provinces toward acceptable upgrades land ports-of-entry. agreements with DHS. These documents of existing documents. In its comments also will have compatible facilitative to the Land and Sea NPRM, the Based upon a review of the alternative technology and must meet minimum Government of Canada noted that DHS approach for children and the parental standards of issuance to meet CBP’s and DOS would accept the U.S. consent questions asked in the Land and operational needs. As noted above, the Merchant Mariner Document (MMD) as Sea NPRM and the comments received State of Washington has begun a a WHTI-compliant document for U.S. in response, DHS and DOS are not voluntary program to develop an citizens traveling on official maritime implementing any additional enhanced driver’s license and business and requested that the requirements regarding children or identification card that would denote modernized Canadian Seafarer’s evidence of parental consent to travel identity and citizenship. On March 23, Identity Document (SID) issued by other than those proposed in the Land 2007, the Secretary of Homeland Canada also be recognized by DHS and Sea NPRM, which are adopted in this Security and the Governor of DOS as a WHTI-compliant document at final rule. The Departments note that Washington signed a Memorandum of sea and land ports-of-entry. obtaining a passport book or card or Agreement to develop, issue, test, and Response: While DHS appreciates other document with an MRZ or RFID evaluate an enhanced driver’s license these comments, DHS is not designating technology may result in faster and identification card with facilitative the provincial driver’s license or the processing at the border. technology to be used for border Canadian Seafarer’s Identity Document
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as acceptable documents in this final security of IBWC identification equal opportunity to obtain the same rule. As stated in the Land and Sea documents. documents that are available to all other NPRM, DHS and DOS have engaged Response: The Departments U.S. citizens. with the Government of Canada and appreciate this comment. As stated in • Consider broader issuance of the various provinces in discussions of the Land and Sea NPRM, U.S. citizens American Indian Card now issued to alternative documents that could be and Mexican national direct and members of the federally recognized considered for border crossing use at indirect employees of the IBWC crossing Kickapoo Tribes or a similar card. land and sea ports-of-entry under this the United States-Mexico border may • Accept tribal enrollment cards from rule. DHS and DOS will continue continue to use their IBWC cards while tribes whose members continue working with the Canadian government on official business under this final rule. traditional border crossings without any to explore potential alternative limitation on the border crossing point E. U.S. Native Americans and Canadian documents in the future. The or points where each such tribal Indians Departments clarify that the MMD is enrollment card is accepted. • being phased out and is not a document 1. Proposed Rule Accept all tribal enrollment cards that will be accepted in the long term. from all federally recognized Native In the Land and Sea NPRM, the American tribes at some or all border 7. REAL ID Driver’s Licenses Departments sought comments on what crossing points. Native American tribal documents Comment: Four commenters to the The Land and Sea NPRM proposed could be designated as acceptable in the that, for Canadian Indians: Land and Sea NPRM asked for final rule. The Departments specified clarification whether enhanced driver’s general criteria for acceptable Native Canadian members of First Nations or licenses issued as part of a state pilot ‘‘bands’’ would be permitted to enter the American documents to meet. To satisfy United States at traditional border crossing program under WHTI would comply Section 7209 of IRTPA, the documents with the REAL ID requirements as well. points with tribal membership documents must establish the identity and subject to the same conditions applicable to Two commenters cautioned against the citizenship of each individual. In the United States Native Americans. Canadian action of implementing WHTI using the Land and Sea NPRM, DHS and DOS First Nations or bands who seek to have their requirements of REAL ID due to proposed to accept tribal enrollment tribal enrollment cards accepted for border concerns regarding privacy, costs, a documents only if members of the crossing purposes should submit comments complicated verification system, and the issuing tribe continue to cross the land for the record which contain the information issues of federalism. One commenter requested * * *for comparable federally border of the United States for a recognized U.S. tribes.28 stated that DHS must definitively historic, religious or other cultural declare that WHTI-compliant driver’s purpose. It was also proposed that the The Land and Sea NPRM also licenses meet the improved driver’s tribal enrollment card must be proposed acceptance of the new license requirements of the REAL ID satisfactory to CBP, may only be used at document to be issued by the Canadian Act. that tribe’s traditional border crossing Department of Indian Affairs and Response: DHS has worked to align points and will only be accepted so long Northern Development (hereinafter REAL ID and EDL requirements. EDLs as that tribe cooperates with the ‘‘INAC Card’’) are being developed consistent with the verification and validation of the 2. Summary of Comments requirements of REAL ID and, as such, document. Tribes were also obligated to can be used for official purposes such as cooperate with CBP on the enhancement Many tribes and bands commented on accessing a Federal facility, boarding of their documents in the future as a the NPRM asking that the Departments Federally-regulated commercial aircraft, condition for the acceptance of the include their tribal enrollment cards or and entering nuclear power plants. document. other tribal documents as acceptable While the REAL ID requirements DHS and DOS specifically invited documents under WHTI. These include proof of legal status in the U.S., comments from those United States commenters also proposed that all tribal the EDL will require that the cardholder tribes with members who continue to cards issued by U.S. tribes should be be a U.S. citizen. In addition, the EDL cross the border for a traditional accepted. Several Canadian First Nations will also include technologies that purpose. The Departments sought commented on the Land and Sea NPRM facilitate electronic verification and comments from any tribe wishing to to propose that their tribal enrollment travel at ports-of-entry. DHS is propose its tribal enrollment card as an cards or other tribal documents be extremely cognizant of the need to acceptable alternative document. The designated as acceptable documents. protect privacy, and as such institutes Land and Sea NPRM asked that such These commenters also proposed that best practices with regard to the comments include detailed information all such band cards for Canadian collection and use of personal data for about traditional border crossings and Indians be accepted. Commenters all of its programs. the locations of those crossings. The suggested that, in the alternative, the Departments also requested information 8. IBWC Departments should accept the about the enrollment qualifications proposed, revised INAC card as an Comment: DHS and DOS received one employed by each such U.S. tribe. A acceptable alternative document. comment to the Air and Sea NPRM for detailed description of the information implementation of WHTI in the air and sought by the Departments is provided 3. Final Rule—U.S. Native Americans sea environments requesting that in the Land and Sea NPRM. See 72 FR As stated in the Land and Sea NPRM, International Boundary and Water at 35099–35100. the United States has a special Commission (IBWC) identification be DHS and DOS also stated that they relationship, founded in the acceptable for land and sea travel. DHS were considering alternative approaches Constitution, with its Native American and DOS received one comment to the and invited comments on these tribes.29 This relationship allows the Land and Sea NPRM requesting that alternative approaches for U.S. Native
IBWC identification be acceptable for Americans: 28 • 72 FR at 35100. land and sea travel. The comment also Make no special provision for U.S. 29 See Constitution, I, § section 8, cl.3; Cherokee noted several improvements in the Native Americans because they have an Nation v Georgia, 30 U.S. 1, 17 (1831); Worcester
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federal government, where appropriate, purposes of entitlements. Since 1951, tribes and their representatives to designate Native American members the Canadian Government has commented to the Land and Sea NPRM of federally recognized U.S. tribes for maintained Indian Registration Lists, that WHTI infringed upon an asserted special treatment.30 which confirm the heritage of each ‘‘right’’ to unrestricted passage across Comments throughout the rulemaking individual for entitlement purposes. the U.S.-Canadian border granted under process and consultations with U.S. Through this long-standing registration the Jay Treaty and other treaties. DHS Native American tribes have process, Canada has formally conferred and DOS received one comment to the emphasized the particular impact which ‘‘registered’’ Indian status on Air and Sea NPRM for implementation a new document requirement may have individuals. Only registered Canadian of WHTI in the air and sea on Native Americans belonging to U.S. Indians can apply for the LTS issued environments similarly stating that tribes who continue to cross the land ‘‘status’’ card i.e., the INAC card. Native Americans should not have any borders for traditional historic, LTS currently issues an INAC card restrictions on travel across the borders religious, and other cultural purposes. with some security features such as a of the United States. Two commenters Several of these tribes are concerned photograph of the document holder. The stated that assurance was needed that that their members will be required to Government of Canada proposes to issue document requirements would not obtain a passport, passport card, or a new INAC card that would comply obstruct or discourage them from alternative document to maintain with international document security obtaining those documents or inhibiting contact with ethnically related standards agreed by the Governments of the movement of their people. One communities, including, for some tribes, Canada and the United States as part of commenter to the Land and Sea NPRM members who live on traditional land in the Security and Prosperity Partnership observed that while Native Americans Mexico or Canada. (SPP). When the document is issued in are eligible to obtain passports as Based on the record of this accordance with the SPP 1.1.3 security Canadian or U.S. citizens, many choose rulemaking proceeding, the standard it is expected to include a not to because they perceive it as a Departments have adopted an machine-readable zone (MRZ). threat to their sovereign status. One alternative approach from the Land and It is anticipated that Canada will commenter is concerned that such Sea NPRM for U.S. Native Americans. begin to issue the new INAC cards documents are required to denote DHS will work with tribes recognized beginning in 2008. DHS continues to citizenship and identity and many by the United States government if each have discussions with the Government believe that accepting citizenship from tribe (1) Continues to have strong of Canada about how to ensure that DHS the U.S. or Canada would undermine cultural, historic, and religious cross- and CBP will have the capability to the federal government’s treaty border ties; and (2) is willing to improve electronically validate and verify the obligations. Six individuals and one the security of the tribal enrollment identity and citizenship of INAC card tribe commented that the rule would documents in the future. Accordingly, holders. Permanent designation of the have a negative impact on Native paragraph (e) in 8 CFR 235.1 has been INAC as an acceptable travel document Americans’ ability to maintain familial revised to capture this change. by the Secretary of Homeland Security ties and exercise religious and cultural As stated in the proposed rule, will be conditioned on the satisfactory practices across international borders. acceptance of a tribal enrollment establishment of a process to achieve One tribe commented that international document would be contingent upon: this validation. crossings were based on proximity to (1) The tribe satisfactorily establishing If designated by the Secretary of water. One tribe commented that the identity and citizenship in connection Homeland Security, the proposed new Departments’ attempts to fit border with the use of its document; (2) the INAC card will also be accepted as crossing needs into a box are simply tribe providing CBP with access to satisfactory evidence of the citizenship unrealistic. appropriate parts of its tribal enrollment and identity of registered Canadian Response: The INA requires the records; and (3) the tribe agreeing to Indians. inspection of all applicants for improve the security of its tribal In light of the decision to accept an admission, with the purpose of verifying documents in cooperation with CBP. appropriate document issued by the identity and citizenship. The Jay Treaty Government of Canada to those of 1794 and other treaties do not prevent 4. Final Rule—Canadian Indians recognized by that government as the Departments from requiring As requested by Congress, DHS has Canadian Indians, the Departments have documentary evidence of identity and consulted with the Government of decided not to accept the multitude of citizenship from Native Americans and Canada regarding several alternative documents issued by the many Canadian Indians. documents, including a proposed more Canadian First Nations. Congress, through the enactment of secure INAC Card. It is anticipated that Section 7209 of IRTPA, specifically 5. Specific Comments Objecting to any mandated that the Departments develop this new INAC card will be issued by Document Requirement the Canadian Department of Indian a plan to require documentary evidence Affairs and Northern Development, Comments: CBP received of identity and citizenship at the Director of Land and Trust Services approximately one hundred comments borders. Section 289 of the INA 31 refers (LTS). DHS proposes to accept this to the ANPRM and several commenters to the ‘‘right’’ of ‘‘American Indians’’ document for Canadian Indians if and to the Land and Sea NPRM opposing born in Canada to ‘‘pass the borders of when it is available in connection with any regulations that would require the United States,’’ provided they features and procedures to satisfactorily Native Americans or Canadian Indians possess at least 50 percent of Native evidence identity and citizenship. traveling to and from the United States American blood. Section 289, however, LTS is responsible for determining the to carry and produce a U.S. or Canadian benefits individuals who establish their status of all Canadian Indians under passport upon entry. These commenters identity, their Canadian citizenship, and Canada’s Indian Act of 1876 for asserted that such a requirement would that they are ‘‘American Indians.’’ infringe upon an asserted ‘‘right’’ of DHS and DOS have proposed to v Georgia, 31 U.S. 515, 561 (1832); U.S. v Sandoval, indigenous peoples living within the accept certain tribal documents as an 231 U.S. 28, 46–47 (1913). United States and Canada to travel 30 Morton v. Mancari, 417 U.S. 535, 551–55. freely across the border. Twenty-two 31 See 8 U.S.C. 1359.
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appropriate accommodation to U.S. As stated above, the Departments Response: DHS and DOS appreciate Native Americans. received comments from numerous these comments. As indicated above, tribes, and these comments were fully based on the comments received and the 6. Specific Native American and considered and are addressed in this information provided to the Canadian Indian Comments Directed to final rule. Delaying issuance of the final Departments on the particular impact the Rulemaking Process rule would delay notice to the public the document requirement would have Comment: Ten commenters to the and consequently the time available for on Native American tribes, the Land and Sea NPRM requested that DHS travelers to obtain designated Departments have determined that, at and DOS meet with their tribal documentation. For these reasons, DHS the time of full implementation of this governments. One tribe and one and DOS did not reopen the comment final rule, U.S. citizens belonging to a individual commented that DHS and period for the Land and Sea NPRM. federally-recognized tribe may present DOS have failed to adequately consult tribal enrollment documents designated with federally recognized Indian tribes 7. Comments on the Acceptance of by the Secretary of Homeland Security on the implementation of this rule in Tribal Documents as meeting the WHTI standards at land accordance with the law and Comment: Twenty-six tribes, along ports-of-entry. If designated by the consequently requested that the entire with three individuals, commented that Secretary of Homeland Security as Land and Sea NPRM be retracted until members should be allowed to use their satisfactory, Canadian citizens may proper ‘‘government-to-government’’ existing tribal cards at any crossing present the new proposed INAC card at consultations can take place. One tribe point. One tribe commented that an land ports-of-entry when arriving from expressed concerns that the Land and contiguous territory. Sea NPRM would be the ‘‘only independent pilot project is underway for a secure identification document Documents that will be designated by opportunity’’ for tribal governments to the Secretary must establish the identity engage in dialogue regarding the that can be used by that tribe. Seven commenters welcomed the proposal to and citizenship of the Native American proposed regulation. One commenter and Canadian Indian document holders. encouraged DHS to continue the open accept tribal enrollment documents as long as those documents are approved Documents that will be designated by dialogue with tribal governments along the Secretary must be secure, and U.S. the international borders and to view by DHS. Many commenters recommended using tribal documents as tribes must also cooperate with CBP on tribal governments as an asset for the enhancement of their documents in protecting and providing security for the an alternative to the passport. Several commenters encouraged DHS to the future as a condition for the international borders. continued acceptance of the document. Response: Throughout the rulemaking continue working with indigenous process, DHS has met with Native peoples to provide a mechanism for 8. Native American Privacy Issues Americans to discuss the WHTI border crossing that is as streamlined as Comment: Twelve tribes commenting document requirements and tribal possible. One tribe’s comment requested to the Land and Sea NPRM were concerns. Moreover, DHS specifically that Native Americans be granted the concerned with disclosure and privacy solicited comments from Native same privileges as U.S. Merchant issues regarding religious and cultural Americans in an August 6, 2007, letter Mariners if the Departments decide that information. One tribe noted that to all federally recognized tribes. requiring passports is the only option information presumably related to Comment procedures outlined in the for entry documents. One commenter traditional border crossings, which they Land and Sea NPRM provided Native requested broader issuance of the consider private, was not requested Americans with the opportunity to American Indian Card now issued to from other state or government entities. provide information about their tribal members of the federally recognized These commenters insisted that the enrollment documents. The Kickapoo Tribe or a similar card. Two request for this information was not Departments received comments from commenters requested that existing necessary. numerous tribes, and these comments Canadian Certificates of Indian Status Response: DHS and DOS remain were fully considered in the decision to (CIS) be accepted as a WHTI-compliant sensitive to related privacy concerns. In issue this final rule. document for entry into the United the Land and Sea NPRM, DHS and DOS Comment: Two tribes requested an States. One commenter urges that secure invited any tribe that wished to propose extension of the comment period for the indigenous, tribal or CIS Identity Cards its tribal enrollment card as an Land and Sea NPRM to be able to study for the purposes of entry into and from acceptable alternative document at one the options available to them. the U.S. and Canada be established or more traditional border crossing Response: We have carefully within the provisions of WHTI. One points to submit comments explaining considered the comments and tribe requested the acceptance of fully why its card should be accepted determined that it is not advisable to Canadian First Nations’ tribal IDs at all for travel while noting any privacy reopen the comment period for the Land border crossings. One tribe argued that concerns. The privacy of tribes and their and Sea NPRM. Section 7209 of IRTPA, their tribal enrollment records were members will be of the utmost as amended, calls on the Departments to sufficient to prove citizenship and importance to the Departments when act expeditiously to implement WHTI. objected to any notion that state-issued consulting with tribes to enhance their The Departments believe that the birth certificates were superior to their documents to be WHTI compliant. expeditious issuance of this Final Rule tribal records. One tribe commented that best advances our national security. they support the comments by other 9. Miscellaneous Comments Throughout the entire WHTI rulemaking tribal governments to develop a national Comment: One commenter to the process, DHS has met with Native tribal ID card for identification purposes Land and Sea NPRM sought clarification Americans and Canadian Indians to for crossing international borders. One on what would be considered a discuss the WHTI document tribe did not understand the reluctance ‘‘qualifying tribal entity’’ under the requirements and tribal concerns. DHS of DHS to accept tribal membership proposed rule. specifically solicited comments from documents as sufficient evidence of Response: A qualifying tribal entity is Native Americans in an August 6, 2007, identity and citizenship to support the one that is federally recognized by the letter to all federally recognized tribes. right to enter the United States. government of the U.S. that agrees to
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meet WHTI tribal document security losses in border communities, the TRIP). CBP has also been making standards, including agreeing to provide federal government is not providing a incremental improvements to its trusted CBP access to the appropriate entries in remedy or addressing the impact in any traveler programs. See http://cbp.gov/ its enrollment records. DHS will work way. xp/cgov/travel/trusted_traveler/. with federally recognized tribes to Response: The Departments continue Comment: Two commenters to the develop, test and produce WHTI- to strive to minimize the potential Land and Sea NPRM stated that the cost compliant documents. Documents could impact of WHTI implementation, for a Canadian passport is high and that be produced on behalf of a single tribe especially on border communities. the process for obtaining a passport or a group of tribes who have agreed to However, the WHTI plan was mandated should be made easier. Another produce a WHTI-compliant tribal by Congress in section 7209 of the commenter stated that the process for document. IRTPA in response to an important obtaining a Mexican passport and visa Comment: One tribe commented to national security imperative identified should be made less onerous. the Land and Sea NPRM that most by the 9/11 Commission. Further, the Response: While the U.S. government members are born at home or on Departments believe that is working closely with passport reservations and have difficulty implementation of WHTI will help agencies throughout the Western producing a birth certificate, which is facilitate legitimate trade and travel over Hemisphere on WHTI and other travel an important source document used to time. It should also be recognized that document security matters, each obtain documents under the proposed a number of factors have a greater effect nation’s government ultimately controls rule. on the economies of border the process and cost for obtaining a Response: DHS and DOS have communities, including overall passport. The application process for procedures in place to make economic conditions and the current and cost of a Canadian or Mexican determinations of citizenship when exchange rate. Providing financial government-issued document is outside birth certificates are unavailable. support to those communities is beyond the scope of this rule and outside the the scope of this rule, however. Departments’ authorities. 10. Kickapoo Tribe American Indian Comment: Two commenters stated Comment: One commenter requested Card that FAST enrollees are not currently that a ‘‘full environmental statement’’ be Comment: Two commenters to the treated as trusted travelers, which prepared prior to implementation of Land and Sea NPRM asked that DHS defeats the purpose of the FAST passport or documentation control. and DOS maintain the current practice program. Response: DHS and DOS documented of allowing members of the Kickapoo Response: Comments regarding the their assessment of the potential for Tribe to cross the border under the administration of CBP Trusted Traveler impact on the quality of the human Texas Band of Kickapoo Act. One programs are beyond the scope of this environment in the ‘‘Western commenter is concerned that USCIS has rule; however, it should be noted that Hemisphere Travel Initiative in the Land and Sea Environments: not issued new documents for several commercial drivers enrolled in FAST Programmatic Environmental years and asks that USCIS resume are trusted travelers. Comment: Ten commenters Assessment’’ dated September 10, 2007. issuing such form I–872 American recommended the creation of a NEXUS The public was given an opportunity to Indian Cards. appeals board. These commenters also comment on a draft of the Programmatic Response: DHS and DOS agree to recommended a streamlined renewal Environmental Assessment (PEA) upon continue the current practice of process for NEXUS. One commenter the publication of the Notice of allowing U.S. citizen and Mexican suggested several changes to the NEXUS Availability on June 25, 2007. See 72 FR national Kickapoo Indians to enter and program such as a one card/one fee per 34710. Comments regarding the draft exit the United States using their family program; extending the validity PEA were addressed in the Final PEA. American Indian Cards, issued by period of the NEXUS card to ten years; Based on the final PEA, a determination USCIS, as an alternative to the streamlining the renewal process; and was made that the travel documents traditional passport or passport card at recognizing NEXUS and FAST cards for proposed for WHTI and use of the travel all land and sea border ports-of-entry. entry in non-dedicated commuter lanes. documents for implementation of There are currently no plans to issue One commenter suggested a clear IRTPA will not have a significant new form I–872 American Indian cards. NEXUS renewal process that ensures no impact on the quality of the human F. Outside the Scope of the NPRM and down time for NEXUS members. environment and that further analysis Final Rule Response: Comments regarding the under the National Environmental administration of CBP Trusted Traveler Policy Act of 1969 (NEPA) would not be 1. General programs are beyond the scope of this necessary. A Finding of No Significant Comment: DHS and DOS received rule. DHS would note, however, that Impact (FONSI) was issued on three comments to the Air and Sea under the final rule, all CBP Trusted September 10, 2007, a copy of which is NPRM regarding implementation of Traveler documents will be acceptable contained in the final PEA. WHTI in the air and sea environments entry documents for United States and Comment: One commenter to the that proposed various technical Canadian citizens at all lanes and all Land and Sea NPRM disagreed with the specifications for DOS’s passport card. land ports-of-entry. DHS further notes employee citizenship requirement for Response: Comments regarding the that, if an individual feels that an the enhanced driver’s license projects technical specifications for the DOS- application to a CBP Trusted Traveler because it would result in the loss of issued passport card are beyond the program was denied based upon valuable workforce for state scope of this rule; however, the public inaccurate information, redress may be governments. had the opportunity to comment on sought through contacting the local Response: While DHS appreciates this DOS’s proposed passport card NPRM at trusted traveler Enrollment Center to comment, policies regarding state 71 FR 60928 (October 17, 2006). schedule an appointment to speak with employee citizenship requirements are Comment: Two commenters to the a supervisor, writing the CBP Trusted beyond the scope of this rule. DHS Land and Sea NPRM stated that while Traveler Ombudsman, or using the DHS remains committed to working with and the economic analysis predicts job Traveler Redress Inquire Program (DHS coordinating efforts among states
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interested in developing, testing, and ports-of-entry, see the Air Final Rule at closely with the Canadian and Mexican implementing enhanced driver’s license 71 FR 68416 (November 24, 2006). governments on numerous fronts, projects. DHS encourages states Comment: One commenter to the including the Security and Prosperity interested in developing enhanced Land and Sea NPRM requested that an Partnership (SPP) of North America, the driver’s licenses to work closely with alternative procedure for the transfer of Smart Border Declaration, and the DHS to that end. medical patients be established for all Shared Border Accord. The objectives of Comment: Two comments to the Land modes of travel. the initiatives are to establish a common and Sea NPRM requested that DHS Response: The air mode of travel is approach to security to protect North support the proposal to establish DOS beyond the scope of this rule; however, America from external threats, prevent offices in border communities to IRTPA provides for situations in which and respond to threats within North provide flexibility for spontaneous trips. documentation requirements may be America, and further streamline the Two commenters recommended an waived on a case-by-case basis for secure and efficient movement of increase in the capacity of one of the unforeseen emergencies or legitimate traffic across our shared regional passport offices specifically for ‘‘humanitarian or national interest borders. The Secretaries are committed passport service companies. reasons.’’ Please see the Air Final Rule, to working with our international Response: While DHS and DOS 71 FR at 68419, for more information. partners to establish a common security appreciate these comments, expansion strategy. of DOS passport offices in specific 3. Lawful Permanent Residents Comment: One commenter stated that border communities is beyond the scope Comment: Three commenters to the a new comment period should be of this rule. Land and Sea NPRM stated that a opened or else the Land and Sea NPRM Comment: One commenter to the Lawful Permanent Resident card should should be withdrawn. Land and Sea NPRM recommended that be sufficient to travel to and from the Response: The Departments have the number of expedited applications United States without the presentation carefully considered the comment and for individual passports submitted by of a passport. One commenter to the determined that it is not advisable to service companies be increased. NPRM expressed concern about waiting reopen the comment period for the Land Response: While DHS and DOS to renew an expired Lawful Permanent and Sea NPRM. Section 7209 of the appreciate these comments, operational Resident card when applying for entry IRTPA, as amended, calls on the policies between passport service into the United States. Departments to implement WHTI providers and DOS are beyond the Response: Lawful Permanent expeditiously, which the Departments scope of this rule. Residents (LPRs) of the United States believe is in the best interests of Comment: One commenter to the will continue to be able to enter the national security. The procedures for Land and Sea NPRM recommended that United States upon presenting a Lawful the 60-day comment period outlined in the Departments explore, as part of the Permanent Resident card (I–551) or the Land and Sea NPRM provided the proposed pilot project concept, the other valid evidence of permanent public the opportunity to provide development of an ‘‘Indigenous lane’’ resident status. There are current meaningful comments on the proposed for border crossing/passage purposes. regulations that already address the rule and questions asked. The Response: While DHS remains entry of LPRs into the United States, Departments received over 1,350 committed to working with tribal which remain unchanged by WHTI. comments, which were fully considered groups, operational policies regarding and are addressed in this document. ‘‘dedicated lanes’’ are beyond the scope 4. Dual Nationals Moreover, delaying issuance of the final of this rule. Comment: One commenter to the rule would delay notice to the public and shorten the time available to the 2. Air Rule Land and Sea NPRM sought clarification on what documents would be required traveling public to obtain designated Comment: One commenter to the for travelers who have dual citizenship. documentation. For these reasons, DHS Land and Sea NPRM requested that the Response: The WHTI rule lists the and DOS did not open a new comment alternative procedure for U.S. and new documentation requirements for period and did not withdraw the Land Canadian children entering the United U.S., Canadian, Bermudan citizens, and and Sea NPRM. States under age 19 traveling as part of Mexican nationals entering the United school groups, religious groups, social 2. Outreach States by land or sea from within the or cultural organizations, or teams Comment: DHS and DOS received Western Hemisphere. WHTI does not associated with youth support thirteen comments to the ANPRM that alter United States immigration law or organizations be extended to the air recommended the Departments work regulations regarding citizenship. environment in addition to land and sea with the travel industry to launch an ports-of-entry. G. Public Relations effective communications campaign to Response: Comments regarding inform and educate the traveling public documentation requirements for U.S. 1. General about any new documentation and Canadian children entering the U.S. Comment: DHS and DOS received requirements. One hundred seventy at air ports-of-entry are beyond the fifty comments to the ANPRM asking for comments were received to the Land scope of this rule; however, the public a partnership between the U.S. and and Sea NPRM stating that all the had the opportunity to comment on Canada to address WHTI issues. One changes taking place during these requirements in the August 11, hundred commenters to the Land and implementation of WHTI are confusing. 2006, NPRM for the air environment. Sea NPRM expressed a strong desire to Seven hundred and seventeen Children under the age of 16 arriving see a more robust coordination between commenters encouraged DHS to from Western Hemisphere countries are Canada and the United States. Nineteen formulate, implement, and fully fund a required to present a passport when commenters recommended a joint public awareness communications entering the United States by air. For a public communications campaign with campaign immediately, particularly as it more detailed description of Canada. could add clarity. Six commenters documentation requirements for Response: The Secretaries of DHS and recommended that a public relations/ children entering the U.S. through air DOS have worked and continue to work marketing firm be hired. One
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commenter encouraged DHS and DOS to This analysis was published Land and Sea NPRM (see USCBP–2007– timely convey information concerning concurrently with the Land and Sea 0061–0002 and USCBP–2007–0061– the plan to end oral declarations on NPRM, and CBP requested comments on 0004) fully met these criteria. A January 31, 2008. One commenter the documents. Based on the Regulatory regulatory analysis conducted by a requested that the DHS undertake a full Assessment, CBP acknowledges that ‘‘third party’’ is not a requirement under review of the public education plan for WHTI could have a negative impact on either Executive Order 12866 or OMB WHTI. travel in both environments; however, Circular A–4. Response: DHS and DOS are as demonstrated in intensive case Comment: CBP received one comment committed to an effective and intensive studies of eight representative U.S. to the Regulatory Assessment of the communications strategy during the communities along both the Canadian Land and Sea NPRM stating that it did implementation of WHTI. As was done and Mexican borders, reduced travel not make sense for predicted forgone in preparation for the changes at the attributable to WHTI is predicted to cruise travel to have a higher percentage border that took place on January 31, have a less-than-1 percent impact on of reduced travel than forgone land 2008, the Departments will continue to local output and employment levels in travel. issue detailed press releases, address the those communities. Additionally, CBP Response: CBP notes that estimated public’s frequently asked questions, found that the cruises covered by the forgone travel was predicted using supply travel information on their Web rule would not likely be greatly affected elasticities of demand for cruise travel sites, and hold public meetings in because obtaining a travel document and derived demand elasticities for land affected communities. During the early represents a small portion of overall cost travel. CBP estimates that cruise travel phase of the implementation of WHTI in for most cruise passengers. Finally, the is more elastic than land-border travel the air environment, DHS and CBP analysis for travel in the air because cruise passengers travel almost worked closely with the travel industry environment was finalized with the Air exclusively for leisure purposes. Cruise and other industries to disseminate Final Rule (Documents Required for passengers, thus, have many potential timely, accurate information, and Travelers Departing From or Arriving in substitutes for their cruise trips; in aggressively publicize the new the United States at Air Ports-of-Entry economic terms, cruise passengers’ requirements. CBP found that the From Within the Western Hemisphere demand for travel is very ‘‘elastic.’’ overwhelming majority of affected air published November 24, 2006 (71 FR Conversely, land travelers cross the travelers, approximately 99 percent, 68412)). border for a myriad of reasons, presented acceptable documentation Comment: CBP received three including work, shopping, visiting upon entry to the United States from comments to the Regulatory Assessment family and friends, as well as vacation within the Western Hemisphere from for the Land and Sea NPRM stating that purposes. Because land-border trips are the earliest stages of implementation. the analysis understated the economic less ‘‘elastic’’ than cruise trips, the This figure included not only U.S. losses that would result from percent of forgone travelers is lower in citizens but also the citizens of Canada, implementation of the rule. Eight the land environment than the cruise Mexico, and Bermuda. The Departments commenters to the Regulatory environment. Comment: Two commenters to the believe that this coordinated public Assessment for the Land and Sea NPRM Land and Sea NPRM stated that the outreach effort will continue to serve as contended that the economic analysis economic analysis cannot be considered a useful model for implementation in was incomplete and insufficient. Two reliable because it examines a program the land and sea phase of WHTI. commenters stated that the underlying assumptions in the analysis were that is not yet in place. H. Regulatory Analyses arbitrary and low. Several commenters Response: Per Executive Order 12866, an economic analysis is required for all 1. Regulatory Assessment stated that there must be a meaningful, third-party economic impact assessment major rulemakings prior to final Comment: DHS and DOS received of any proposed measures before implementation. This analysis must over 1,700 comments to the ANPRM proceeding. contain an identification of the that expressed concern that WHTI Response: While these commenters regulatory ‘‘baseline’’ as well as the would have a negative impact on trade were dissatisfied with the economic anticipated costs and benefits of the rule and tourism. Twenty-four comments to analysis, they did not submit specific on relevant stakeholders. The analysis the Air and Sea NPRM for WHTI stated information that would enhance the prepared for the Land and Sea NPRM that implementation would have a current analysis, nor did they submit was reviewed by the Office of negative impact on cross-border travel. alternative analyses that more robustly Management and Budget (OMB) in Five commenters to the Land and Sea considered the impacts on the U.S. and accordance with Executive Order 12866 NPRM stated that implementation foreign economies. The analysis and OMB Circular A–4. would have a negative impact on day prepared by CBP for the Land and Sea Comment: Two commenters to the trips across the border. Approximately NPRM was reviewed by the Office of Land and Sea NPRM stated that the nine hundred commenters stated that Management and Budget (OMB) in Regulatory Assessment erroneously WHTI would have a negative impact on accordance with Executive Order 12866 analyzed expenditure flows from the trade and tourism resulting in revenue and OMB Circular A–4. According to Mexican and Canadian border together, losses. Twenty-two commenters to the OMB Circular A–4, a good regulatory when they should actually be analyzed Land and Sea NPRM recommended that analysis should include: (1) A statement separately. security be improved without damaging of the need for the proposed action, (2) Response: As described in the healthy cross-border trade and an examination of alternative detailed Regulatory Assessment for commerce. approaches, and (3) an evaluation of the implementation of WHTI in the land Response: Pursuant to Executive benefits and costs—quantitative and environment (USCBP–2007–0061–0002) Order 12866, CBP conducted an qualitative—of the proposed action and published concurrently with the Land economic analysis to address the the main alternatives identified by the and Sea NPRM and this final rule, the potential impacts of reduced travel that analysis. The two Regulatory analysis did address economic impacts could result from the implementation of Assessments that were published in the on the northern and southern borders WHTI in the land and sea environments. public docket concurrently with the separately.
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Comment: Two commenters to the under either Executive Order 12866 or published concurrently with the Land Land and Sea NPRM asked about OMB Circular A–4. and Sea NPRM, the analysis did not calculated risk reduction that would Comment: Two commenters to the assume that all lost spending in Canada occur as a result of implementation of Land and Sea NPRM stated that the and Mexico would instead be spent WHTI. One commenter stated that a costs to the State Department to ‘‘catch exclusively in border communities. CBP third-party assessment of improved up’’ on the backlog of passport made several simplifying assumptions border security should be conducted. applications were not considered. in order to estimate increases in U.S. Response: Typically, reductions in the Response: The commenter is correct. spending within the regional areas probability of a terrorist attack resulting CBP did not consider the costs to DOS designated for case study. The analysis from a regulation are measured against in the Regulatory Assessment because assumed that only a subset of the U.S. the baseline probability of occurrence the increased costs to DOS as a result of travelers who choose not to obtain (the current likelihood that a terrorist increased demand for passports due to documentation and stay in the United attack involving an individual arriving WHTI can be recouped by a surcharge States spend in the regional study area in the United States in the sea on the fee for the application of a what they would have spent in Mexico environment will be attempted and be passport. See 22 U.S.C. 214(b). It would or Canada. In other words, the analysis successful) and combined with be inappropriate, therefore, to present assumed U.S. travelers visiting Mexico information about the consequences of these as costs of the regulation. and Canada for tourist reasons will the attack. The difference between the Comment: One commenter to the substitute their forgone trips abroad baseline probability of occurrence and Land and Sea NPRM stated that she was with trips within the United States the probability of occurrence after the ‘‘mystified’’ by the assertion that an outside of the regional study area. regulation is implemented would economic analysis was not necessary. Additionally, as noted in the represent the incremental probability Response: DHS and DOS did not Regulatory Assessment, CBP made the reduction attributable to the rule. make this assertion in the Land and Sea simplifying assumption that the money Historical data on the frequency of NPRM. CBP conducted two extensive these travelers would have spent on terrorist attacks to estimate the current Regulatory Assessments for foreign travel remains in their home baseline probability of attack within the implementation of WHTI in the land country. The analysis did not attempt to United States cannot be used for several and sea environments that were determine the portion of forgone travel- reasons: existing data does not provide summarized in the preamble to the Land related expenditures that might be used information about whether documented and Sea NPRM and were available in instead for purchasing goods from attacks were attributable to the lack of full for public comment (see USCBP– foreign entities via mail order or the a passport requirement; the data on 2007–0061–0002 and USCBP–2007– Internet. This factor was acknowledged international events occurring within 0061–0004). as a source of uncertainty in the cost the United States in the last decade are Comment: Four commenters to the estimates for WHTI implementation in limited, and little information is Land and Sea NPRM stated that the the land environment. available to describe the consequences estimated costs of lost trips by Canadian Comment: One commenter stated that of most of these events; and use of these travelers were incorrectly calculated in the analysis of tourism expenditures did data to project future probability of the Regulatory Assessment for the not consider the impact of the cost of attack requires an understanding of the implementation of WHTI in the land acquiring documentation on spend socioeconomic and political conditions environment. rates. motivating and facilitating these events Response: DHS and DOS appreciate Response: CBP agrees that the impact historically and foresight with regard to these comments. CBP has modified the of the cost of acquiring WHTI-compliant how these factors may change in the Regulatory Assessment for this final rule documentation should be included in future. In the absence of more detailed to more accurately account for potential the estimate of lost expenditures in U.S. data, DHS and DOS are unable to lost trips from Canadian visitors to the border communities. Specifically, in the quantitatively estimate the incremental United States. Please refer to the section final Regulatory Assessment, CBP reduction in the probability of terrorist below titled ‘‘Executive Order 12866’’ considered whether the costs of attack that will result from this rule. for a summary of the revised analysis obtaining documentation would be Instead, CBP conducted a ‘‘breakeven and refer to the public docket and offset by reduced spending on the trip analysis’’ to determine what the http://www.cbp.gov for the complete itself, or whether the traveler would reduction in risk would have to be given Regulatory Assessments for the final reduce household spending locally by a the estimated costs of the rule. commensurate amount. A review of the implementation of WHTI (land Comment: Three commenters to the travel economics literature was environment only). Using the Risk Land and Sea NPRM stated that the inconclusive, but suggests that travelers Management Solutions U.S. Terrorism Regulatory Assessment erroneously often do not adhere to a budget while Risk Model (RMS model), CBP assumed that lost spending in Canada on a trip, particularly vacations. Also, estimated the critical risk reduction that and Mexico resulting from forgone CBP was unable to identify literature would have to occur in order for the travel to those countries would instead predicting whether travelers would costs of the rule to equal the benefits— be spent in border communities. One amortize documentation costs across all or break even. As calculated, critical commenter stated that the Regulatory the trips taken in a given time period, risk reduction required for the rule to Assessment erroneously assumed that or whether they might reduce spending break even ranges from 3 percent to 34 U.S. dollars that would have been spent on the first trip taken after obtaining percent (for more detail see the section in Canada and Mexico would now acceptable documentation to offset below on Executive Order 12866). remain in the United States. documentation costs. For these reasons, This breakeven analysis prepared by Response: These commenters appear CBP believes it is most appropriate to CBP for the Land and Sea NPRM was to have misread the Regulatory assume that individuals who continue reviewed by OMB in accordance with Assessments. As described in the traveling after the implementation of Executive Order 12866 and OMB detailed Regulatory Assessment for WHTI will not spend less on cross- Circular A–4. An analysis conducted by Implementation of WHTI in the Land border trips. Rather, the costs of a ‘‘third party’’ is not a requirement Environment (USCBP–2007–0061–0002) obtaining acceptable documentation
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will result in reduced household access to these countries in the form of required to have either: (1) A U.S. spending in the travelers’ home a linear demand curve. For the reasons passport; (2) a U.S. passport card; (3) a communities. Therefore, the analysis of discussed previously, this demand valid trusted traveler card (NEXUS, the distributional impacts of the final curve is relevant regardless of the FAST, or SENTRI); (4) a valid MMD rule includes a reduction in household regulatory option considered. Therefore, when traveling in conjunction with expenditures by U.S. citizens to offset CBP used it to predict responses to official maritime business; or (5) a valid the cost of obtaining WHTI-compliant varying regulatory alternatives not U.S. Military identification card when documents. Similar changes in spending considered in the original survey that traveling on official orders or permit. by Mexican and Canadian travelers are incorporate ranges of compliance Under the final rule, cards issued for assumed to occur in those travelers options and costs. home communities, and as a result, do the DHS Trusted Traveler Programs not affect expenditures in the United 2. Regulatory Flexibility Act NEXUS, Free and Secure Trade (FAST), States. Please refer to the section below Comment: One commenter noted and Secure Electronic Network for titled ‘‘Executive Order 12866’’ for a several examples of individuals who Travelers Rapid Inspection (SENTRI) are summary of the revised analysis and would be considered small businesses, designated as entry documents for U.S. refer to the public docket and http:// including sole proprietors, self- citizens at all lanes at all land and sea www.cbp.gov for the complete employed individuals, and freelancers. ports-of-entry when traveling from Regulatory Assessments for the final Response: CBP agrees that these ‘‘sole contiguous territory or adjacent islands. rule. proprietors’’ would be considered small Additionally, U.S. citizens who have Comment: One commenter stated that businesses and could be directly been pre-screened as part of the NEXUS some of the findings of the Regulatory affected by the rule if their occupation or Canadian Border Boat Landing Assessments analysis is based on requires travel within the Western Program who arrive by pleasure vessel surveys of traveler responses that may Hemisphere where a passport was not from Canada are permitted to report not be accurate. previously required. The number of their arrival by telephone or by remote Response: CBP disagrees with this such sole proprietors is not available video inspection, respectively. comment. Estimation of lost consumer from the Small Business Administration U.S. citizens who arrive by pleasure surplus under each of the regulatory or other available business databases, vessel from Canada are permitted to alternatives considered requires but we acknowledge that the number show the NEXUS card in lieu of a information about travelers’ willingness could be considered ‘‘substantial.’’ passport or passport card along the to pay for access to Mexico or Canada. However, as estimated in the Regulatory Willingness to pay is the maximum sum northern border under the auspices of Assessment for implementation of the remote inspection system for of money an individual would be WHTI in the land environment, the cost willing to pay rather than do without a pleasure vessels, such as the Outlying to such businesses would be only $125 Area Reporting System (OARS). good or amenity. If the cost of access to for a first-time passport applicant, $70 Currently, as NEXUS members, U.S. Mexico or Canada is within the range of for a first-time passport card applicant citizen recreational boaters can report costs below this maximum value, the plus an additional $60 if expedited their arrival to CBP by telephone. traveler will pay for access and continue service were requested. to travel. Likewise, if the cost of access Otherwise, these U.S. citizen pleasure exceeds this maximum, travelers will V. Final Document Requirements vessel travelers arriving from Canada are forgo future travel. Therefore, because it Based on the analysis of the required to report in person to a port- represents a maximum value, comments and section 7209 of IRTPA, of-entry in order to enter the United willingness to pay for access to these as amended, DHS and DOS have States.33 countries will not vary depending on determined that U.S. citizens and After full implementation of WHTI, the regulatory alternative considered. It nonimmigrant aliens from Canada, dedicated lanes for trusted traveler is calculated once, and then that value, Bermuda, and Mexico entering the programs will still exist at certain land or in this case demand curve, can be United States at land and sea ports-of- ports-of-entry, which will provide used to evaluate decisions about future entry from the Western Hemisphere will program members with the opportunity travel based on a range of regulatory be required to present documents or for expedited inspections. alternatives with varying access costs. combinations of documents designated The Regulatory Assessment relies on by this final rule. DHS and DOS expect B. Canadian Citizens and Citizens of the results of a survey conducted for the the date of full WHTI implementation to Bermuda Arriving by Sea or Land Department of State. The surveyors be June 1, 2009. As noted, the Congress 1. Canadians informed respondents that after the has mandated that WHTI shall be implementation of WHTI, they would be implemented no earlier than the date Under this final rule, Canadian required to have a valid passport for that is the later of 3 months after the citizens entering the United States at sea travel to Mexico and Canada. While the Secretary of State and the Secretary of and land ports-of-entry are required to survey did not specify the cost of Homeland Security make the obtaining the document, a passport is a certification required in subparagraph 33 well-known, familiar form of See 8 CFR 235.1(g). U.S. citizen holders of a (B) or June 1, 2009. (Section 545, Canadian Border Boat Landing Permit (Form I–68) identification with published fees that Omnibus Bill). The Departments will are required to possess a passport, passport card, or has been available for decades. implement on June 1, 2009. trusted traveler program document when arriving in Therefore, CBP believes it is acceptable the United States in combination with the Form A. U.S. Citizens Arriving by Sea or Land I–68 and are required to show this documentation to assume that the survey respondents when applying for or renewing the Form I–68. had a reasonable idea of the cost of the Under the final rule, most U.S. Participants would continue to benefit from document when responding to this citizens 32 entering the United States at entering the United States from time to time question. The response to this question without having to wait for a physical inspection, all sea or land ports-of-entry are subject to the applicable regulations. More and information about the number of information on the Canadian Border Boat Landing travelers making trips is used to 32 Unless the U.S. citizen falls into one of the Program (I–68 Permit Program) is available on the estimate travelers’ willingness to pay for special rule categories listed below. CBP Web site at http://www.cbp.gov.
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present, in addition to any visa seeking admission to the United States, document’’ at a Mexican consulate in required: 34 or (2) a valid BCC when seeking the United States located directly • A valid passport issued by the admission to the United States at land adjacent to a land port-of-entry are not Government of Canada;35 or ports-of-entry or arriving by pleasure currently required to present a valid • A valid trusted traveler program vessel or by ferry from Mexico. passport.43 This final rule eliminates card issued by CBSA or DHS, e.g., For purposes of this rule, a pleasure this exception to the passport FAST, NEXUS, or SENTRI.36 vessel is defined as a vessel that is used requirement for Mexican nationals. Additionally, Canadian citizens in the exclusively for recreational or personal Under the final rule, Mexican nationals NEXUS program who arrive by pleasure purposes and not to transport will be required to have a BCC or a vessel from Canada are permitted to passengers or property for hire. A ferry passport with a visa to enter the United present a NEXUS membership card in is defined as any vessel: (1) Operating States for all purposes. lieu of a passport along the northern on a pre-determined fixed schedule; (2) border under the auspices of the remote providing transportation only between D. State Enhanced Driver’s License inspection system for pleasure vessels, places that are no more than 300 miles Projects such as the Outlying Area Reporting apart; and (3) transporting passengers, DHS remains committed to System (OARS).37 Currently, as NEXUS vehicles, and/or railroad cars. We note considering travel documents developed members, Canadian recreational boaters that ferries are subject to land border- by the various U.S. states and the can report their arrival to CBP by type processing on arrival from, or Governments of Canada and Mexico in telephone.38 Otherwise, these Canadian departure to, a foreign port or place. the future that would denote identity pleasure vessel travelers arriving from Arrivals aboard all vessels other than and citizenship and would also satisfy Canada are required to report in person ferries and pleasure vessels would be section 7209 of IRTPA, as amended by to a port-of-entry in order to enter the treated as sea arrivals.41 section 723 of the 9/11 Commission Act United States.39 Mexican nationals who hold BCCs of 2007. 2. Bermudians will continue to be allowed to use their Under this final rule, DHS will BCCs in lieu of a passport for admission consider as appropriate documents such Under this final rule, all Bermudian at the land border from Mexico and as state driver’s licenses and citizens are required to present a when arriving by ferry or pleasure identification cards that satisfy the passport 40 issued by the Government of vessel from Mexico when traveling WHTI requirements by denoting Bermuda or the United Kingdom when within the border zone for a limited identity and citizenship. These seeking admission to the United States time period. For travel beyond certain documents must also have compatible at all sea or land ports-of-entry, geographical limits or a stay over 30 technology, security criteria, and must including travel from within the days, Mexican nationals who enter the respond to CBP’s operational concerns. Western Hemisphere. United States from Mexico possessing Such acceptable documents will be C. Mexican Nationals Arriving by Sea or BCCs are required to obtain a Form I– announced and updated by publishing a Land 94 from CBP.42 The BCC is not notice in the Federal Register. A list of permitted in lieu of a passport for such programs and documents will also Under this final rule, all Mexican commercial or other sea arrivals to the be maintained on the CBP Web site. It nationals are required to present either: United States. is still anticipated that the Secretary of (1) A passport issued by the Under current regulations, Mexican Homeland Security will designate Government of Mexico and a visa when nationals may not use the FAST or documents that satisfy section 7209 and SENTRI card in lieu of a passport or the technology, security, and 34 See 8 CFR 212.1(h), (l), and (m) and 22 CFR 41.2(k) and (m). BCC. This will continue under the final operational concerns discussed above as 35 Foreign passports remain an acceptable travel rule, however, these participants would documents acceptable for travel under document under section 7209 of the IRTPA. continue to benefit from expedited section 7209. 36 Canadian citizens who demonstrate a need may border processing. To date, DHS has entered into formal enroll in the SENTRI program and currently may Currently, Mexican nationals who are Memoranda of Agreement (MOAs) with use the SENTRI card in lieu of a passport. To enroll admitted to the United States from the States of Washington, Vermont, New in SENTRI, a Canadian participant must present a valid passport and a valid visa, if required, when Mexico solely to apply for a Mexican York, and Arizona which have begun applying for SENTRI membership. Other foreign passport or other ‘‘official Mexican voluntary programs to develop an participants in the SENTRI program must present ‘‘enhanced driver’s license’’ and a valid passport and a valid visa, if required, when 41 For example, commercial vessels are treated as identification card that would denote seeking admission to the United States, in addition arrivals at sea ports-of-entry for purposes of this identity and citizenship.44 Concurrent to the SENTRI card. This final rule does not alter final rule. A commercial vessel is any civilian the passport and visa requirements for other foreign vessel being used to transport persons or property with this final rule, DHS is also enrollees in SENTRI (i.e., other than Canadian for compensation or hire to or from any port or publishing a separate notice in today’s foreign enrollees). Currently, Canadian citizens can place. A charter vessel that is leased or contracted Federal Register wherein the Secretary show a SENTRI, NEXUS, or FAST card for entry to transport persons or property for compensation of Homeland Security is designating into the United States only at designated lanes at or hire to or from any port or place would be designated land border ports-of-entry. considered an arrival by sea under this rule. that the State of Washington enhanced 37 Permanent residents of Canada must also carry Arrivals by travelers on fishing vessels, research or a valid passport and valid visa, if required. seismic vessels, other service-type vessels (such as 43 See 8 CFR 212.1(c)(1)(ii). 38 Remote pleasure vessel inspection locations are salvage, cable layers, etc.), or humanitarian service 44 On September 26, 2007, the Secretary of only located on the northern border. vessels (such as rescue vessels or hospital ships) are Homeland Security and the Governor of Vermont 39 See 8 CFR 235.1(g). Canadian holders of a considered as arrivals by sea. signed a similar Memorandum of Agreement for an Canadian Border Boat Landing Permit (Form I–68) 42 See 8 CFR 212.1(c)(1)(i); also 22 CFR 41.2 (g). enhanced driver’s license and identification card to are required to possess a passport or trusted traveler If Mexicans are only traveling within a certain be used for border crossing purposes; on October card when arriving in the United States in geographic area along the United States border with 27, 2007, the Secretary and the Governor of New combination with the Form I–68 and would be Mexico, usually up to 25 miles from the border but York also signed a similar Memorandum of required to show this documentation when within 75 miles under the exception for Tucson, Agreement. The state of Arizona has also applying for or renewing the Form I–68. Arizona, they do not need to obtain a form I–94. If announced its intention to sign an MOA with DHS 40 Bermudian citizens must also satisfy any they travel outside of that geographic area, they to begin an enhanced driver’s license project. For applicable visa requirements. See 8 CFR 212.1(h), must obtain an I–94 from CBP at the port-of-entry. more information on these projects, see http:// (l), and (m) and 22 CFR 41.2(k) and (m). 8 CFR 235.1(h)(1). www.dhs.gov.
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driver’s license document is secure. and various provinces in discussions of • The passengers must return on the Therefore, U.S. citizens may present the alternative documents that could be same ship to the same U.S. port or place enhanced driver’s licenses and considered for border crossing use at from where they originally departed. identification cards issued by the State land and sea ports of entry. Other On such cruises, U.S. Citizens under of Washington pursuant to the MOA at alternative identity and citizenship the age of 16 may present an original or land and sea ports-of-entry when documents issued by the Government of a copy of a birth certificate, a Consular arriving from contiguous territory and Canada will be considered, as Report of Birth Abroad, or a Certificate adjacent islands. appropriate. The Departments welcome of Naturalization issued by U.S. DHS is continuing discussions on the comments suggesting alternative Citizenship and Immigration Services. development of enhanced driver’s Canadian documents. All passengers arriving on a cruise ship license projects with several other states Various Canadian provinces have that originated at a foreign port or place and the Government of Canada. CBSA indicated their interest or intention in are required to present travel documents and several Canadian provinces are pursuing projects with enhanced that comply with applicable document planning and developing EDL projects. driver’s licenses similar to the requirements otherwise specified in this DHS remains committed to working Washington State, Vermont and Arizona final rule when arriving in the United with and coordinating efforts among programs with DHS. Because documents States. For voyages where the cruise states interested in developing, testing, accepted for border crossing under ship originated in the United States, if and implementing programs for WHTI must denote citizenship, the any new passengers board the ship at a enhanced driver’s licenses on a participation of the Government of foreign port or place or another location continuing basis. DHS encourages states Canada in determinations of citizenship in the United States, the new passengers interested in developing enhanced on behalf of its citizens, and recognition will have to present travel documents driver’s licenses to work closely with of this determination, is a strong that comply with applicable document DHS to that end. consideration by the United States in requirements otherwise specified in this On January 28, 2008, DHS published the acceptance of documents for final rule when arriving in the United a final rule in the Federal Register Canadian citizens. We will consider States. U.S. citizen cruise ship concerning minimum standards for additional documents in the future, as passengers that fall under this state-issued driver’s licenses and appropriate. alternative document requirement are reminded to carry appropriate travel identification cards that can be accepted VI. Special Rules for Specific documentation to enter any foreign for official purposes in accordance with Populations the REAL ID Act of 2005.45 DHS has countries on the cruise. If the ship worked to align REAL ID and EDL A. U.S. Citizen Cruise Ship Passengers returns to a U.S. port different from the requirements. EDLs are being developed Because of the nature of round trip point of embarkation, all passengers consistent with the requirements of cruise ship travel, DHS has determined must carry a passport or other WHTI REAL ID and, as such, can be used for that when U.S. citizens depart from and compliant documentation. official purposes such as accessing a reenter the United States on board the B. U.S. and Canadian Citizen Children Federal facility, boarding Federally- same cruise ship, they pose a low The U.S. government currently regulated commercial aircraft, and security risk in contrast to cruise ship requires all children arriving from entering nuclear power plants. The passengers who embark in foreign ports. countries outside the Western enhanced driver’s license will also DHS and DOS have adopted the Hemisphere to present a passport when include technologies that facilitate following alternative document entering the United States. Currently, electronic verification and travel at requirement for U.S. cruise ship children (like adults) from the United ports-of-entry. While the proposed passengers. For purposes of the final States, Canada, and Bermuda are not REAL ID requirements include proof of rule, a cruise ship is defined as a required to present a passport when legal status in the U.S., the enhanced passenger vessel over 100 gross tons, entering the United States by land or sea driver’s license will require that the carrying more than twelve passengers from contiguous territory or adjacent card holder be a U.S. citizen. for hire, making a voyage lasting more than 24 hours any part of which is on islands, other than Cuba. Mexican E. Future Documents the high seas, and for which passengers children are currently required to Additionally, DHS and DOS remain are embarked or disembarked in the present either a passport and visa, or a committed to considering travel United States or its territories.46 BCC upon arrival in the United States, documents developed by the various U.S. citizen cruise ship passengers as discussed above. DHS, in U.S. states, Native American tribes and traveling within the Western consultation with DOS, has adopted the nations, and the Government of Canada Hemisphere are permitted to present a procedures below in this final rule. in the future that would satisfy section government-issued photo identification 1. Children Under Age 16 7209 of IRTPA. document in combination with either: Under the final rule, all U.S. citizen Both DHS and DOS continue to (1) An original or a copy of a birth children under age 16 are permitted to engage with the Government of Canada certificate, (2) a Consular Report of Birth present either: (1) An original or a copy Abroad issued by DOS, or (3) a of a birth certificate; (2) a Consular 45 The REAL ID Act of 2005 prohibits Federal Certificate of Naturalization issued by Report of Birth Abroad issued by DOS; agencies, effective May 11, 2008, from accepting a U.S. Citizenship and Immigration driver’s license or personal identification card for or (3) a Certificate of Naturalization Services (USCIS), when returning to the any official purpose unless the license or card has issued by USCIS, at all sea and land United States, under certain conditions: been issued by a State that is meeting the ports-of-entry when arriving from requirements set forth in the Act. See Pub. L. 109– • The passengers must board the contiguous territory. Canadian citizen 13m 119 Stat. 231, 302 (May 11, 2005) (codified at cruise ship at a port or place within the 49 U.S.C. 30301 note). On March 9, 2007, DHS children under age 16 are permitted to United States; and issued a rule proposing to establish minimum present an original or a copy of a birth standards for State-issued driver’s licenses and identification cards that Federal agencies would 46 For this final rule, DHS adopts the definition certificate, a Canadian Citizenship Card, accept for official purposes after May 11, 2008. See of a cruise ship used by the U.S. Coast Guard. See or Canadian Naturalization Certificate at 72 FR 10820. 33 CFR 101.105. all sea and land ports-of-entry when
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arriving from contiguous territory. U.S. letterhead: (1) The name of the group, sea and land ports-of-entry when and Canadian children age 16 and over organization or team and the name of arriving from contiguous territory or who arrive from contiguous territory are the supervising adult; (2) a list of the adjacent islands. subject to the WHTI document children on the trip; (3) for each child, D. Members of United States Native requirements otherwise specified in this the primary address, primary phone American Tribes final rule. number, date of birth, place of birth, and All Canadian birth certificates are name of at least one parent or legal For the reasons discussed above, upon issued from a centralized location guardian; and (4) the written and signed full implementation of this final rule within the provinces and territories. statement of the supervising adult and if designated by the Secretary of Each province or territory can issue two certifying that he or she has obtained Homeland Security as acceptable under types of birth certificates: a long form, parental or legal guardian consent for WHTI, Native American enrollment or which is a one-page paper document each participating child. The group, identification cards from a federally- similar to U.S. birth certificates, or a organization, or team would be able to recognized tribe or group of federally short form, which is a laminated card demonstrate parental or legal guardian recognized tribes will be permitted for version of the long form. All versions of consent by having the adult leading the use at entry at any land and sea port-of- the birth certificate throughout the group sign and certify in writing that he entry when arriving from contiguous provinces are similar in format (paper or she has obtained parental or legal territory or adjacent islands. form or laminated card). guardian consent for each participating All Canadian-issued birth certificates child. For Canadian children, in E. Canadian Indians are considered by the Government of addition to the information indicated For the reasons discussed above, upon Canada as certified and are accepted by above, a trip itinerary, including the full implementation of this final rule CBSA. Both the long and short forms of stated purpose of the trip, the location and if designated by the Secretary of certified Canadian birth certificates of the destination, and the length of stay Homeland Security, the proposed new issued by the provinces and territories would be required. Indian and Northern Affairs Canada are permissible documents under the To avoid delays upon arrival at a port- (INAC) card to be issued by LTS and to final rule. of-entry, CBP would recommend that contain a photograph and an MRZ, may the group, organization, or team provide 2. Children Under Age 19 Traveling in also be presented as evidence of the this information to that port-of-entry Groups citizenship and identity of Canadian well in advance of arrival, and would Indians when they seek to enter the Under this final rule, U.S. citizen recommend that each participant United States from Canada at land ports- children under age 19 who are traveling traveling on the trip carry in addition to of-entry. with public or private school groups, the above mentioned documents a religious groups, social or cultural government or school issued photo F. Individual Cases of Passport Waivers organizations, or teams associated with identification document, if available. youth sport organizations that arrive at Travelers with the group who are age 19 The passport requirement may be U.S. sea or land ports-of-entry from and over are subject to the generally waived for U.S. citizens in certain contiguous territory, may present either: applicable travel document individual situations on a case-by-case (1) An original or a copy of a birth requirements specified in 8 CFR parts basis, such as an unforeseen emergency certificate; (2) a Consular Report of Birth 211, 212 or 235 and 22 CFR parts 41 or or cases of humanitarian or national 47 Abroad issued by DOS; or (3) a 53. interest. Existing individual passport Certificate of Naturalization issued by Based upon a review of the alternative waivers for non-immigrant aliens are 48 USCIS, when the groups are under the approach for children and the parental not changed by the final rule. supervision of an adult affiliated with consent questions asked in the Land and G. Summary of Document Requirements the organization (including a parent of Sea NPRM, DHS and DOS are not one of the accompanied children who is implementing any additional The following chart summarizes the only affiliated with the organization for requirements regarding children such as acceptable documents for sea and land purposes of a particular trip) and when parental consent to travel. arrivals from the Western Hemisphere all the children have parental or legal under WHTI. C. American Indian Card Holders From guardian consent to travel. Canadian The Departments note that document citizen children under age 19 may Kickapoo Band of Texas and Tribe of Oklahoma requirements for Lawful Permanent present an original or a copy of a birth Residents (LPRs) of the United States, certificate, a Canadian Citizenship Card, Under the final rule, U.S. citizen employees of the International or Canadian Naturalization Certificate at members of the Kickapoo Band of Texas Boundary and Water Commission all sea and land ports-of-entry when and Tribe of Oklahoma are permitted to (IBWC) between the United States and arriving from contiguous territory. For present the Form I–872 American Mexico, OCS workers, active duty alien purposes of this alternative procedure, Indian Card in lieu of a passport or members of the U.S. Armed Forces, and an adult would be considered to be a passport card at all sea and land ports members of NATO-member Armed person age 19 or older, and a group of entry when arriving from contiguous Forces, as discussed in the Land and would consist of two or more people. territory or adjacent islands. Mexican Sea NPRM, remain unchanged. The group, organization, or team will national members of the Kickapoo Band be required to contact CBP upon of Texas and Tribe of Oklahoma are 47See section 7209(c)(2) of IRTPA. See also 22 crossing the border at the port-of-entry permitted to present the I–872 in lieu of CFR 53.2. and provide on organizational either a passport and visa, or a BCC at 48See 8 CFR Part 212.
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Pleasure Sea (all other Group/population Acceptable document(s) Land Ferry vessel vessels)
All Travelers (U.S., Can., Mex., Berm.) Valid Passport book (and valid visa, if Yes ...... Yes ...... Yes ...... Yes. at all sea and land POEs. necessary for foreign travelers). U.S. Citizens at all sea and land POEs Valid Passport card ...... Yes ...... Yes ...... Yes ...... Yes. when arriving from Canada, Mexico, the Caribbean, and Bermuda. U.S. and Canadian citizen Trusted Trav- Trusted Traveler Cards (NEXUS, FAST, Yes* ...... Yes* ...... Yes* ...... * Yes. eler Members at all sea and land SENTRI). POEs when arriving from contiguous territory or adjacent islands. U.S. Citizen Merchant Mariners on offi- U.S. Merchant Mariner Document Yes ...... Yes ...... Yes ...... Yes. cial mariner business at all sea and (MMD). land POEs. Mexican Nationals arriving from Mexico Border Crossing Card (BCC) ...... Yes** ...... Yes** ...... Yes** ...... No. U.S. Citizen Cruise Ship Passengers on Government-issued photo ID and origi- N/A ...... N/A ...... N/A ...... Yes—for round round trip voyages that begin and end nal or copy of birth certificate; under trip voyages in the same U.S. port. age 16, birth certificate. that originate in U.S. U.S. and Canadian Citizen Children Original or copy of birth certificate*** Yes ...... Yes ...... Yes ...... Yes. Under 16 at all sea and land POEs (government-issued photo ID rec- when arriving from contiguous territory. ommended, but not required). U.S. and Canadian Citizen Children— Original or copy of birth certificate*** Yes ...... Yes ...... Yes ...... Yes. Groups of Children Under Age 19, and parental/guardian consent (gov- under adult supervision with parental/ ernment -issued photo ID rec- guardian consent at all sea and land ommended, but not required). POEs when arriving from contiguous territory. U.S. Citizen/Alien Members of U.S. Military ID and Official Orders ...... Yes ...... Yes ...... Yes ...... Yes. Armed Forces traveling under official orders or permit at all air, sea and land POEs. U.S. and Mexican Kickapoo at land and Form I–872 American Indian Card ...... Yes ...... Yes ...... Yes ...... Yes. sea POEs when arriving from contig- uous territory and adjacent islands. U.S. citizen members of Native Amer- Tribal Enrollment Documents des- Yes ...... Yes ...... Yes ...... Yes. ican tribes recognized by the U.S. ignated by the Secretary of Homeland Government when arriving from con- Security as meeting WHTI tribal doc- tiguous territory at land and sea POEs. ument security. Canadian citizen members of First Na- If designated by the Secretary of Home- Yes ...... Yes ...... Nos ...... No. tions or bands recognized by the Ca- land Security, the proposed new nadian Government when arriving INAC card issued by the Government from Canada at land POEs. of Canada containing an MRZ. * Approved for Mexican national members traveling with BCC or a passport and visa. ** In conjunction with a valid I–94 for travel outside the 25- or 75-mile geographic limits of the BCC. *** U.S. children would also be permitted to present a Certificate of Birth Abroad or Certificate of Naturalization; Canadian children would be permitted to present a Canadian Citizenship Card or Canadian Naturalization Certificate.
VII. Regulatory Analyses entering the United States via land already obtained a passport due to the ports-of-entry on the northern and air rule and will not incur any burden A. Executive Order 12866: Regulatory southern borders (including arrivals by due to this rule. To the extent that the Planning and Review ferry and pleasure boat) as well as three traveling populations overlap in This final rule implementing the certain cruise ship passengers. Costs to the air, land, and sea environments, we second phase of WHTI for entries by obtain the necessary documentation for have potentially overestimated the land and sea is considered to be an air travel were considered in a previous direct costs of the rule presented here. economically significant regulatory analysis examining the implementation action under Executive Order 12866 of WHTI in the air environment (the The period of analysis is 2005–2018 because it may result in the expenditure Regulatory Assessment for the (14 years). We calculate costs beginning of over $100 million in any one year. November 2006 Final Rule for in 2005 because although the suite of Accordingly, this rule has been implementation of WHTI in the air WHTI rules was not yet in place, DOS reviewed by the Office of Management environment can be found at experienced a dramatic increase in and Budget (OMB). The following www.regulations.gov; document number passport applications since the WHTI summary presents the costs and benefits USCBP–2006–0097–0108). If travelers plan was announced in early 2005. We of requirements for U.S. citizens have already purchased a passport for account for those passports obtained entering the United States from other travel in the air environment, they prior to full implementation to more countries in the Western Hemisphere by would not need to purchase a passport accurately estimate the economic land and sea, plus the costs and benefits for travel in the land or sea impacts of the rule as well as to of several alternatives considered during environments. CBP does not attempt to incorporate the fairly sizable percentage the rulemaking process. estimate with any precision the number of travelers who currently hold The regulatory assessments of travelers who travel in more than one passports in anticipation of the new summarized here consider U.S. travelers environment, and, therefore, may have requirements.
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The Secretary of Homeland Security conducted by DOS (completed in 2005), use a comment to the August 2006 is designating CBP trusted traveler cards and a host of regional studies conducted NPRM for implementation of WHTI in (NEXUS, SENTRI, FAST), the Merchant by state and local governments and the air and sea environments (71 FR Mariner Document (MMD), and academic research centers. 46155) from the International Council of specified documents from DHS- Other than DOS’s passport demand Cruise Lines to estimate how many approved enhanced driver’s license study, no source exists to our unique U.S. cruise travelers already programs as acceptable travel knowledge that has estimated the total hold acceptable documentation. documents for U.S. citizens to enter the number of land entrants nationwide. Based on CBP’s analysis, United States at land and sea ports-of- Researchers almost always count or approximately 3.6 million U.S. travelers entry. Because DHS and DOS believe estimate crossings, not crossers and are affected in the first year of that children under the age of 16 pose focus on a region or locality, not an implementation, 2009 (note that the a low security threat in the land and sea entire border. Building on the work analysis anticipates a significant environments, U.S. children may conducted for DOS’s passport study, we number of travelers will obtain WHTI- present a birth certificate in lieu of other distilled approximately 300 million compliant documents in 2005 through designated documents. Additionally, annual crossings into the number of 2008, prior to the implementation of the DHS and DOS have determined that frequent (defined as at least once a rule. In addition, travelers who only exempting certain cruise passengers year), infrequent (once every three make trips in the first half of 2009 will from a passport requirement is the best years), and rare (once every ten years) not be covered by the rule). Of these, approach to balance security and travel ‘‘unique U.S. adult travelers.’’ We then approximately 3.5 million enter through efficiency considerations in the cruise estimate the number of travelers without a land-border crossing (via privately ship environment. To meet the cruise acceptable documentation and estimate owned vehicle, commercial truck, bus, exemption, a passenger must board the the cost to obtain a document. The fee train, on foot) and ferry and recreational cruise ship at a port or place within the for the passport varies depending on the boat landing sites. An estimated 0.1 United States and the passenger must age of the applicant, whether or not the million are cruise passengers who do return on the same ship to the same U.S. applicant is renewing a passport, not meet the alternative documentation port or place from where he or she whether or not the applicant is provision in the final rule (note that originally departed. requesting expedited service, and over 90 percent of U.S. cruise For the summary of the analysis whether or not the applicant obtains a passengers are expected to meet the presented here, CBP assumes that only passport or a passport card. exemption criteria). CBP estimates that the passport, trusted traveler cards, and Additionally, we consider the amount of the traveling public will acquire the MMD were available in the first time required to obtain the document approximately 3.1 million passports in years of the analysis (recalling that the and the value of that time. To estimate 2009, at a direct cost to traveling period of analysis begins in 2005 when the value of an applicant’s time in the individuals of $283 million. These passport cards and enhanced driver’s land environment, we conducted new estimates are summarized in Table A. licenses were not yet available). CBP research that built on existing estimates also assumes that most children under from the Department of Transportation. TABLE A.—FIRST-YEAR ESTIMATES 16 will not obtain a passport or passport To estimate the value of an applicant’s FOR U.S. ADULT TRAVELERS card but will instead use alternative time in the sea environment, we use estimates for air travelers’ value of time [All estimates in millions] documentation (birth certificates). The (air and sea travelers share very similar estimates reflect that CBP trusted Affected travelers: characteristics) from the Federal traveler cards will be accepted at land Land/ferry/pleasure boat crossers 3.5 Aviation Administration (FAA, 2005 and sea ports-of-entry. Finally, CBP Cruise passengers ...... 0.1 data). We use the 2005 DOS passport assumes that most of the U.S. cruise demand study and CBP statistics on the Total ...... 3.6 passenger population will present trusted traveler programs to estimate Passports demanded: alternative documentation (government- how many unique U.S. travelers already Land/ferry/pleasure boat crossers 3.1 issued photo ID and birth certificate) hold acceptable documents. Cruise passengers ...... 0.1 because they meet the alternative We estimate covered cruise documentation provision in the rule. Total ...... 3.2 passengers using data from the Maritime Total cost of passports: To estimate the costs of the rule, we Administration (MARAD, 2006 data) follow this general analytical Land-border crossers ...... $272 and itineraries available on the cruise Cruise passengers ...... 11 framework: line Web sites (for 2007). The —Determine the number of U.S. overwhelming majority of Western Total ...... $283 travelers that will be covered Hemisphere cruise passengers—92 —Determine how many already hold percent—would fall under the cruise- To estimate potential forgone travel in acceptable documents passenger alternative documentation the land environment, we derive —Determine how many will opt to provision. Passengers not covered by the traveler demand curves for access to obtain passports (and passport cards) alternative documentation provision fall Mexico and Canada based on survey and estimate their lost ‘‘consumer into four trade markets—Alaska (72 responses collected in DOS’s passport surplus’’ percent), Trans-Panama Canal (16 study. We estimate that when the rule —Determine how many will forgo travel percent), U.S. Pacific Coast (8 percent), is implemented, the number of unique instead of obtaining passports or and Canada/New England (4 percent). U.S. travelers to Mexico who are passport cards and estimate their lost We estimate that these passengers will frequent travelers decreases by 5.7 ‘‘consumer surplus’’ have to obtain a passport rather than percent, the unique U.S. travelers who We estimate covered land travelers one of the other acceptable documents are infrequent travelers decreases by 6.4 using multiple sources, including: because these travelers will likely have percent, and the unique U.S. travelers crossing data from the Bureau of an international flight as part of their who are rare travelers decreases by 15.7 Transportation Statistics (BTS, 2004 cruise vacation, and only the passport is percent. The number of U.S. travelers data), a study of passport demand a globally accepted travel document. We visiting Canada who are frequent
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travelers decreases by 3.3 percent, the (2003), which described the Federal pay (D1) for access to Mexico and unique U.S. travelers who are infrequent Trade Commission investigation into Canada. At price P1, the number of U.S. travelers decreases by 9.5 percent, and potential impacts of two cruise-line travelers without passports currently the unique U.S. travelers who are rare mergers and estimated a demand making trips to these countries is travelers decreases by 9.6 percent. These elasticity for cruise travel. We estimate represented by Q1. As seen in the estimates account for the use of a that the number of travelers decreases second figure, if the government passport card for those travelers who by 24 percent, 13 percent, 7 percent, requires travelers to obtain a passport or choose to obtain one. For unique and 6 percent for travelers on short (1 passport card in order to take trips to travelers deciding to forgo future visits, to 5 nights), medium (6 to 8 nights), Mexico and Canada, the price of access their implied value for access to these long (9 to 17 nights), and very long increases by the cost of obtaining the countries is less than the cost of cruises (over 17 nights) once the rule is new document, to P . As a result, the obtaining a passport card. implemented. 2 number of travelers making trips to To estimate potential forgone travel in We then estimate total losses in the sea environment, we use a study consumer surplus. The first figure below these countries decreases to Q2. from Coleman, Meyer, and Scheffman represents U.S. travelers’ willingness to BILLING CODE 9111–14–P
BILLING CODE 9111–14–C TABLE B.—TOTAL COSTS FOR U.S. test our assumptions for the analysis in All travelers in this figure experience TRAVELERS OVER THE PERIOD OF the land environment. We first a loss in consumer surplus; the size of ANALYSIS—Continued conducted a preliminary sensitivity the surplus loss depends on their [2005–2018, in $millions] analysis to identify the variables that willingness to pay for access to these have the most significant effect on countries. The lost surplus experienced 3% dis- 7% dis- consumer welfare losses. We found that by travelers whose willingness to pay Year Cost count rate count rate the frequency of travel (frequent, exceeds P is shown in the dark blue 2 infrequent, rare), crossings at multiple rectangle, and is calculated as (P ¥P ) 2009 ...... 431 383 333 2 1 ports-of-entry, future annual affected * Q2. Travelers whose willingness to 2010 ...... 352 304 255 pay for access to these countries is less 2011 ...... 270 226 183 individuals, and the amount of time than the price of the passport or 2012 ...... 235 191 149 spent applying for documentation were passport card will experience a loss 2013 ...... 235 186 140 the most sensitive variables in the equal to the area of the aqua triangle, 2014 ...... 290 222 159 analysis. The variables that did not 2015 ...... 314 234 161 calculated as 1/2 * (Q ¥Q ) * (P ¥P ). appear to have an impact on consumer 1 2 2 1 2016 ...... 250 181 120 Costs of the rule (expressed as losses losses were the estimated number of 2017 ...... 225 158 101 crossings by Lawful Permanent in consumer surplus) are summed by 2018 ...... 201 137 84 year of the analysis. We then add the Residents or Native Americans and government costs of implementing Total ...... $3,340 $2,748 estimated future timing with which WHTI over the period of analysis. travelers will apply for acceptable Fourteen-year costs are $3.3 billion at The primary analysis for land documentation. After we conducted our the 3 percent discount rate and $2.7 summarized here assumes a constant formal Monte Carlo analysis we found billion at 7 percent, as shown in Table number of border crossers over the that our most sensitive assumptions are: B. Annualized costs are $296 million at period of analysis; in the complete The projected crossing growth rate, the 3 percent and $314 million at 7 percent. Regulatory Assessment we also consider frequency of travel, and the number of scenarios where the number of border new unique travelers that enter the TABLE B.—TOTAL COSTS FOR U.S. crossers both increases and decreases population annually. The results of the TRAVELERS OVER THE PERIOD OF over the period of analysis. It is worth Monte Carlo analysis are presented in ANALYSIS noting that border crossings have been Table C. Note that these estimates do [2005–2018, in $millions] mostly decreasing at both the northern not include the government costs of and southern borders since 1999. The implementation, estimated to be $0.8 analysis for sea travel assumes a 6 Year Cost 3% dis- 7% dis- billion over the time period of the count rate count rate percent annual increase in passenger analysis (3 percent discount rate) counts over the period of analysis as the because we have no basis for assigning 2005 ...... $435 $435 $435 Western Hemisphere cruise industry uncertainty parameters for government 2006 ...... 153 148 143 continues to experience growth. 2007 ...... 91 85 79 costs. 2008 ...... 493 451 406 Finally, we conduct a formal uncertainty (Monte Carlo) analysis to
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TABLE C.—SUMMARY OF KEY CHAR- represent primarily transfers in and out While we expect that cruise lines will ACTERISTICS OF PROBABILITY DIS- of the U.S. economy. be indirectly affected by the rule, how TRIBUTIONS OF TOTAL WELFARE For cruise passengers, we have only they will be affected depends on their rough estimates of where U.S. LOSSES IN THE LAND ENVIRONMENT itineraries, the length of their cruises, passengers come from, how they travel their current capacity, and future (2005–2018, IN $BILLIONS), 3 PER- to and from the ports where they expansion, as well as by travelers’ CENT DISCOUNT RATE embark, where they go, and the decisions. We expect short cruises (1 to activities they engage in while cruising. Statistic Value 5 nights) to be most notably affected We know even less about how they will because the passport represents a greater Trials ...... 10,000 alter their behavior if they do, in fact, percentage of the overall trip cost, Mean ...... $2.2 forgo obtaining a passport. Ideally, we passengers on these cruises are less Median ...... $2.1 could model the indirect impacts of the likely to already hold a passport, and Std Dev ...... $0.5 rule with an input-output model (either travel plans for these cruises are Variance ...... 2.4E+08 static or dynamic) that could give us a frequently made closer to voyage time. 5th Percentile ...... $1.5 reasonable estimation of the level the Longer cruises are less likely to be 95th Percentile ...... $3.1 impact, the sectors affected, and Point Estimate ...... $2.3 affected because these trips are planned regional impacts. Unfortunately, given well in advance, passengers on these the dearth of data, the assumptions we voyages are more likely to already We then consider the secondary had to make, the very small numbers of impacts of forgone travel in the land and possess a passport, and the passport cost travelers who are estimated to forgo is a smaller fraction of the total trip cost. sea environments. Forgone travel will travel, and the fact that much of their result in gains and losses in the United travel experience occurs outside the Because border-crossing activity is States, Canada, and Mexico. For this United States, using such a model predominantly a localized phenomenon, analysis, we made the simplifying would not likely produce meaningful and the activities engaged in while assumption that if U.S. citizens forgo results. We recognize, however, that visiting the United States are well travel to Canada and Mexico, their multiple industries could be indirectly documented in existing studies, we can expenditures that would have been affected by forgone cruise travel, explore the potential impacts of forgone spent outside the country now remain including (but not limited to): Cruise travel more quantitatively in the land here. In this case, industries receiving lines; cruise terminals and their support environment. Using various studies on the diverted expenditure in the United services; air carriers and their support average spending per trip in the United States experience a gain, while the services; travel agents; traveler States, Canada, and Mexico, we estimate travel and related industries in Canada accommodations; dining services; retail the net results of changes in expenditure and Mexico suffer a loss. Conversely, if shopping; tour operators; scenic and flows in 2008 (the presumed first year Canadian and Mexican citizens forgo sightseeing transportation; hired the requirements will be implemented) travel to the United States, their transportation (taxis, buses); and arts, and subsequent years. Because Mexican potential expenditures remain abroad— entertainment, and recreation. crossers already possess acceptable a loss for the travel and related According to the MARAD dataset documentation to enter the United industries in the United States, but a used for the sea analysis, there are 17 States (passport or Border Crossing gain to Canada and Mexico. Note that cruise lines operating in the Western Card), we do not estimate that Mexican ‘‘gains’’ and ‘‘losses’’ in this analysis Hemisphere, 9 of which are currently travelers will forgo travel to the United cannot readily be compared to the costs offering cruises that would be indirectly States. The summary of expenditure and benefits of the rule, since they affected by a passport requirement. flows is presented in Table D.
TABLE D.—NET EXPENDITURE FLOWS IN NORTH AMERICA, 2009, 2010, AND SUBSEQUENT YEARS [In millions]
2009: Spending by U.S. travelers who forgo travel to Mexico ...... +$160 Spending by Mexican travelers who forgo travel to the United States ...... 0 Spending by U.S. travelers who forgo travel to Canada ...... +60 Spending by Canadian travelers who forgo travel to United States ...... ¥400
Net ...... ¥180 2010: Spending by U.S. travelers who forgo travel to Mexico ...... +280 Spending by Mexican travelers who forgo travel to the United States ...... 0 Spending by U.S. travelers who forgo travel to Canada ...... +110 Spending by Canadian travelers who forgo travel to United States ...... ¥440
Net ...... ¥50 Subsequent years (annual): Spending by U.S. travelers who forgo travel to Mexico ...... +280 Spending by Mexican travelers who forgo travel to United States ...... 0 Spending by U.S. travelers who forgo travel to Canada ...... +110 Spending by Canadian travelers who forgo travel to United States ...... ¥330
Net ...... +60
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To examine these impacts more given an external stimulus affecting both in terms of output and locally, we conduct eight case studies those activities. In all of our case studies employment. The results of these eight using a commonly applied input-output but one, forgone border crossings case studies are presented in Table E. model (IMPLAN), which examines attributable to WHTI have a less-than-1- regional changes in economic activity percent impact on the regional economy
TABLE E.—MODELED DISTRIBUTIONAL EFFECTS IN EIGHT CASE STUDIES
Change as % of total* * * Study area (counties) State Output Employment
San Diego ...... California ...... +0.02 +0.03 Pima, Santa Cruz ...... Arizona ...... +0.02 +0.02 Hidalgo, Cameron ...... Texas ...... +0.1 +0 .1 Presidio ...... Texas ...... +0.4 +0 .4 Niagara, Erie ...... New York ...... ¥0 .2 ¥0 .3 Washington ...... Maine ...... ¥1.4 ¥3.2 Macomb, Wayne, Oakland ...... Michigan ...... ¥0.02 ¥0 .04 Whatcom ...... Washington ...... ¥0.5 ¥1.3
As shown, we anticipate very small mode-target pair (constituting an TABLE F.—CRITICAL RISK REDUCTION net positive changes in the southern- individual scenario) the model accounts FOR THE RULE border case studies because Mexican for the probability that a successful [7 percent discount rate] travelers to the United States use attack will occur and the consequences existing documentation, and their travel of the attack. RMS derives attack Critical risk reduc- is not affected. The net change in probabilities from a semi-annual Valuation tion (%) regional output and employment is structured expert elicitation process ethodology negative (though still very small) in the Stand- focusing on terrorists’ intentions and Low ard High northern-border case studies because capabilities. It bases scenario Canadian travelers forgoing trips consequences on physical modeling of Cost of injury (fatality = outnumber U.S. travelers staying in the attack phenomena and casts target $1.1m) ...... 27 14 6.8 United States and because Canadian characteristics in terms of property Willingness to pay (VSL travelers to the United States generally damage and casualties of interest to = $3m) ...... 21 10 5.2 spend more per trip than U.S. travelers insurers. Specifically, property damages Quality of life (VSL = to Canada. On both borders, those U.S. include costs of damaged buildings, loss $3m) ...... 18 8.8 4.4 travelers that forgo travel do not Willingness to pay (VSL of building contents, and loss from = $6m) ...... 14 7.0 3.5 necessarily spend the money they business interruption associated with would have spent outside the United Quality of life (VSL = property to which law enforcement $6m) ...... 11 5.5 2.8 States in the case-study region; they prohibits entry immediately following a may spend it outside the region, and terrorist attack. RMS classifies casualties Several key factors affect estimates of thus outside the model. based on injury-severity categories used Finally, because the benefits of the critical risk reduction required for by the worker compensation insurance homeland security regulations cannot the benefits of the rule to equal or industry. readily be quantified using traditional exceed the costs. These factors include: analytical methods, we conduct a The results in Table F are based on the uncertainty in the risk estimate ‘‘breakeven analysis’’ to determine what the annualized cost estimate (assuming produced by the RMS model; the the reduction in risk would have to be a seven percent discount rate) of the potential for other types of baseline given the estimated costs of the rule presented above. These results losses not captured in the RMS model; implementation of WHTI (land show that a decrease in perceived risk and the size of other non-quantified environment only). Using the Risk (the ‘‘low risk’’ scenario generated by direct and ancillary benefits of the rule. Management Solutions U.S. Terrorism RAND to characterize the expected The RMS model likely underestimates Risk Model (RMS model), we estimated annual losses in the United States from total baseline terrorism loss because it the critical risk reduction that would terrorist attacks) leads to a smaller only reflects the direct, insurable costs have to occur in order for the costs of annualized loss and a greater required of terrorism. It does not include any the rule to equal the benefits—or break critical risk reduction for the benefits of indirect losses that would result from even. the rule to break even with costs. continued change in consumption The RMS model has been developed Conversely, an increase in perceived patterns or preferences or that would for use by the insurance industry and risk (the ‘‘high risk’’ scenario) leads to result from propagating consequences of provides a comprehensive assessment of a greater annualized loss and a smaller interdependent infrastructure systems. the overall terrorism risk from both required critical risk reduction. The For example, the RMS model does not foreign and domestic terrorist total range in critical risk reduction capture the economic disruption of a organizations. The RMS model under the standard threat outlook terrorism event beyond the immediate generates a probabilistic estimate of the produced by the RMS model is a factor insured losses. Furthermore, the model overall terrorism risk from loss of three and ranges from 5.5 to 14 also excludes non-worker casualty estimates for dozens of types of percent depending on the methodology losses and losses associated with potential attacks against several used to value the benefits of avoided government buildings and employees. thousand potential targets of terrorism terrorist attacks (the value of avoided Finally, the model may not capture less- across the United States. For each attack injuries and deaths). tangible components of losses that the
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public wishes to avoid, such as the fear United States from countries in the Alternative 2: Require all U.S. and anxiety associated with Western Hemisphere. travelers (including children) to present experiencing a terrorist attack. Omission 3. Alternative 2, but without RFID- a valid passport book, passport card, or of these losses will cause us to overstate enabled passport cards. trusted traveler document. the necessary risk reductions. Calculations of costs for the The second alternative is similar to Although the risk reduction alternatives can be found in the two the final rule, though it includes associated with the final rule cannot be Regulatory Assessments for the final children and does not provide a quantified due to data limitations, a rule. passport exception for cruise separate analysis of the potential Alternative 1: Require all U.S. passengers. While this alternative benefits resulting from reductions in travelers (including children) to present incorporates the low-cost passport card wait time at the border suggests that the a valid passport book. and CBP trusted traveler cards as net benefits of the rule (total benefits The first alternative would require all acceptable travel documents, this minus total costs) have the potential to U.S. citizens, including minors under 16 alternative was ultimately rejected as be positive. In a separate effort, CBP and all cruise passengers, to present a potentially too costly and burdensome estimated the costs and benefits of valid passport book only. This for low-risk populations of travelers processing technology investments at alternative was rejected as potentially (certain cruise passengers and minors ports-of-entry. As part of this analysis, too costly and burdensome for low-risk under 16). analysts evaluated the wait time impact populations of travelers. While the Alternative 3: Require all U.S. attributable to each technology passport book will always be an alternative. The results suggest that travelers (including children) to present acceptable document for a U.S. citizen implementing standard documents and a valid passport book, passport card, or to present upon entry to the United RFID technology could result in trusted traveler document; no RFID- States, DHS and DOS believe that the reductions in wait time valued as highly enabled passport card. cost of a traditional passport book may as $2.4 billion to $3.3 billion between be too expensive for some U.S. citizens, The third alternative is similar to the 2009 and 2018 (discount rates of 7 and particularly those living in border second; it just now assumes that the 3 percent, respectively). Subtracting communities where land-border passport card is not enabled with RFID total present value costs suggests the crossings are an integral part of technology. For this analysis, we potential for net benefits as high as $0.9 everyday life. As stated previously, DHS assume that this does not change the fee billion to $1.7 billion (discount rates of charged for the passport card; we 7 and 3 percent, respectively). and DOS, believe that children under the age of 16 pose a low security threat assume, however, that government costs Alternatives to the Rule in the land and sea environments and to test and deploy the appropriate technology at the land borders to read CBP considered the following will be permitted to present a birth the passport cards are eliminated. This alternatives to the final rule— certificate when arriving in the United alternative was rejected because DHS 1. Require all U.S. travelers (including States at all land and sea ports-of-entry children) to present a valid passport from contiguous territory. DHS and DOS and DOS strongly believe that book upon return to the United States have also determined that designating facilitation of travel, particularly at the from countries in the Western alternative documentation for certain land borders where wait times are a Hemisphere. cruise passengers from a passport major concern, should be a primary 2. Require all U.S. travelers (including requirement is the best approach to achievement of WHTI implementation. children) to present a valid passport balance security and travel efficiency Table G presents a comparison of the book, passport card, or CBP trusted considerations in the cruise ship costs of the final rule and the traveler document upon return to the environment. alternatives considered.
TABLE G.—COMPARISON OF REGULATORY ALTERNATIVES [In $millions]
13-year Compared Alternative cost (7%) to final rule Reason rejected
Final rule ...... $2,748 n/a Alternative 1: Passport book only for all U.S. travelers ...... $6,728 +$3,979 Cost of a passport considered too high for citizens in border communities; low-risk traveling populations (cer- tain cruise passengers, children under 16) unduly bur- dened. Alternative 2: Passport book, passport card, and other $5,751 +$3,003 Low-risk traveling populations (certain cruise passengers, designated documents for all U.S. travelers. children under 16) unduly burdened. Alternative 3: Passport book, passport card, and other $5,340 +$2,591 Low-risk traveling populations (certain cruise passengers, designated documents for all U.S. travelers; no RFID- children under 16) unduly burdened, unacceptable wait enabled passport card. times at land-border ports of entry.
It is important to note that for next generation of CBP trusted traveler thirteen years than alternatives allowing scenarios where the RFID-capable documents. These technology only the passport book or the passport passport card is acceptable (the final deployment costs are estimated to be card that is not RFID-enabled, which rule and Alternative 2), the estimates substantial, particularly in the early can be processed with existing readers include government implementation phases of implementation. As a result, that scan the passport’s machine- costs for CBP to install the appropriate the alternatives allowing more readable zone. Allowing presentation of technology at land ports-of-entry to read documents than just the passport book alternative documentation for minors RFID-enabled passport cards and the result higher government costs over and most cruise passengers results in
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notable cost savings over thirteen years statement showing the classification of of this rule will be approximately $314 (about $2.5 billion to $4.0 billion the expenditures associated with this million annualized (7 percent discount depending on the documents rule. The table below provides an rate) and approximately $296 million considered). estimate of the dollar amount of these annualized (3 percent discount rate). Accounting statement costs and benefits, expressed in 2005 Non-quantified benefits are enhanced dollars, at 7 percent and 3 percent security and efficiency. As required by OMB Circular A–4, discount rates. We estimate that the cost CBP has prepared an accounting
ACCOUNTING STATEMENT: CLASSIFICATION OF EXPENDITURES, 2005–2017 [2005 Dollars]
3% discount rate 7% discount rate
Costs: Annualized monetized costs ...... $296 million ...... $314 million. Annualized quantified, but un-monetized Indirect costs to the travel and tourism indus- Indirect costs to the travel and tourism indus- costs. try. try. Qualitative (un-quantified) costs ...... Indirect costs to the travel and tourism indus- Indirect costs to the travel and tourism indus- try. try. Benefits: Annualized monetized benefits ...... None quantified ...... None quantified. Annualized quantified, but un-monetized None quantified ...... None quantified. benefits. Qualitative (un-quantified) benefits ...... Enhanced security and efficiency ...... Enhanced security and efficiency.
B. Regulatory Flexibility Act perform a regulatory flexibility analysis could be certain ‘‘sole proprietors’’ who CBP has prepared this section to of small entity impacts only when a rule could be considered small businesses 52 examine the impacts of the final rule on directly regulates them.’’ and could be directly affected by the small entities as required by the As described in the Regulatory rule if their occupations required travel Assessment for this rule, CBP could not Regulatory Flexibility Act (RFA).49 A within the Western Hemisphere where a quantify the indirect impacts of the rule small entity may be a small business passport was not previously required. with any degree of certainty; it instead (defined as any independently owned However, as estimated in the Regulatory focused the analysis on the direct costs and operated business not dominant in Assessment for implementation of to individuals recognizing that some its field that qualifies as a small WHTI in the land environment, the cost small entities will face indirect impacts. business per the Small Business Act); a to such businesses would be only $125 Some of the small entities indirectly for a first-time passport applicant, $70 small not-for-profit organization; or a affected will be foreign owned and will for a first-time passport card applicant, small governmental jurisdiction be located outside the United States. plus an additional $60 if expedited (locality with fewer than 50,000 people). Additionally, reductions in When considering the impacts on service were requested. We believe such international travel that result from the small entities for the purpose of an expense would not rise to the level rule could lead to gains for domestic of being a ‘‘significant economic complying with the RFA, CBP consulted industries. Most travelers are expected impact.’’ the Small Business Administration’s to eventually obtain passports and CBP thus certifies that this regulatory guidance document for conducting continue traveling. Consequently, action does not have a significant regulatory flexibility analyses.50 Per this indirect effects are expected to be economic impact on a substantial guidance, a regulatory flexibility spread over wide swaths of domestic number of small entities. analysis is required when an agency and foreign economies. The complete analysis of impacts to determines that the rule will have a Small businesses may be indirectly small entities for this rule is available significant economic impact on a affected by the rule if international on the CBP Web site at: http:// substantial number of small entities that travelers forego travel to affected www.regulations.gov; see also http:// are subject to the requirements of the Western Hemisphere countries. These www.cbp.gov. rule.51 This guidance document also industry sectors may include (but are C. Executive Order 13132: Federalism includes a good discussion describing not limited to): how direct and indirect costs of a Executive Order 13132 requires DHS regulation are considered differently for —Manufacturing —Wholesale trade and DOS to develop a process to ensure the purposes of the RFA. CBP does not —Retail trade ‘‘meaningful and timely input by State believe that small entities are subject to —Transportation (including water, air, and local officials in the development of the requirements of the rule; individuals truck, bus, and rail) regulatory policies that have federalism are subject to the requirements, and —Real estate implications.’’ Policies that have individuals are not considered small —Arts, entertainment, and recreation federalism implications are defined in entities. To wit, ‘‘The courts have held —Accommodation and food services the Executive Order to include rules that the RFA requires an agency to Because this rule does not directly that have ‘‘substantial direct effects on regulate small entities, we do not the States, on the relationship between 49 See 5 U.S.C. 601–612. believe that this rule has a significant the national government and the States, 50 See Small Business Administration, Office of economic impact on a substantial or on the distribution of power and Advocacy, A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act, May number of small entities. The exception responsibilities among the various 2003. levels of government.’’ DHS and DOS 51 See id. at 69. 52 See id. at 20. have analyzed the rule in accordance
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with the principles and criteria in the E. National Environmental Policy Act of entitlement to the issuance of a United Executive Order and have determined 1969 States passport or related service and to that it does not have federalism DHS, in consultation with DOS, the properly administer and enforce the implications or a substantial direct Environmental Protection Agency and laws pertaining to issuance thereof. effect on the States. The rule requires the General Services Administration There are currently two OMB- U.S. citizens and nonimmigrant aliens have reviewed the potential approved application forms for from Canada, Bermuda and Mexico environmental and other impacts of this passports, the DS–11 Application for a entering the United States by land or by proposed rule in accordance with the U.S. Passport (OMB Approval No. 1405– sea from Western Hemisphere countries National Environmental Policy Act 0004) and the DS–82 Application for a to present a valid passport or other (NEPA) of 1969 (42 U.S.C. 4321 et seq.), U.S. Passport by Mail. Applicants for the passport cards would use the same identified alternative document. States the regulations of the Council on application forms (DS–11 and DS–82). do not conduct activities subject to this Environmental Quality (40 CFR part The forms have been modified to allow rule. For these reasons, this rule does 1500), and DHS Management Directive 5100.1, Environmental Planning the applicant to elect a card or book not have sufficient federalism formal passport, or both. First time implications to warrant the preparation Program of April 19, 2006. A programmatic environmental applicants must use the DS–11. The rule of a federalism summary impact would result in an increase in the statement. assessment (PEA) was prepared that examined, among other things, potential number of persons filing the DS–11 and D. Unfunded Mandates Reform Act alternatives regarding implementation could result in an increase in the Assessment of the proposed rule at the various land number of persons filing the DS–82, and and sea ports of entry and what, if any, a corresponding increase in the annual Title II of the Unfunded Mandates environmental impacts may result from reporting and/or record-keeping burden. Reform Act of 1995 (UMRA), enacted as the rule and its implementation. In conjunction with publication of the Public Law 104–4 on March 22, 1995, The final PEA was published on final rule, DOS will amend the OMB requires each Federal agency, to the September 10, 2007, and resulted in a form 83–I (Paperwork Reduction Act extent permitted by law, to prepare a Finding of No Significant Impact Submission) relating to the DS–11 to written assessment of the effects of any (FONSI) for the WHTI sea and land reflect these increases. Federal mandate in a proposed or final plan. A review of the relative impacts The collection of information agency rule that may result in the showed that none of the alternatives encompassed within this rule has been expenditure by State, local, and tribal analyzed would result in a significant submitted to the OMB for review in governments, in the aggregate, or by the impact on the human environment. accordance with the Paperwork private sector, of $100 million or more A Notice of Availability for the final Reduction Act of 1995 (44 U.S.C. 3507). (adjusted annually for inflation) in any PEA and FONSI was published on An agency may not conduct, and a person is not required to respond to, a one year. Section 204(a) of the UMRA, September 26, 2007, in the Federal collection of information unless the 2 U.S.C. 1534(a), requires the Federal Register, and the PEA and FONSI are collection of information displays a agency to develop an effective process available for viewing on http:// www.dhs.gov and http://www.cbp.gov. valid control number assigned by OMB. to permit timely input by elected Estimated annual average reporting officers (or their designees) of State, In addition, copies may be obtained by writing to: U.S. Customs and Border and/or recordkeeping burden: 14.7 local, and tribal governments on a million hours. proposed ‘‘significant intergovernmental Protection, 1300 Pennsylvania Avenue, NW., Room 5.4D, Attn: WHTI Estimated annual average number of mandate.’’ A ‘‘significant Environmental Assessment, respondents: 9 million. intergovernmental mandate’’ under the Washington, DC 20229. Estimated average burden per UMRA is any provision in a Federal respondent: 1 hour 25 minutes. agency regulation that will impose an F. Paperwork Reduction Act Estimated frequency of responses: Every 10 years (adult passport and enforceable duty upon State, local, and 1. Passports/Passport Cards tribal governments, in the aggregate, of passport card applications); every 5 $100 million (adjusted annually for The collection of information years (minor passport and passport card inflation) in any one year. Section 203 requirement for passports is contained applications) Comments on this of the UMRA, 2 U.S.C. 1533, which in 22 CFR 51.20 and 51.21. The required collection of information should be sent supplements section 204(a), provides information is necessary for DOS to the Office of Management and that, before establishing any regulatory Passport Services to issue a United Budget, Attention: Desk Officer of the requirements that might significantly or States passport in the exercise of Department of State, Office of uniquely affect small governments, the authorities granted to the Secretary of Information and Regulatory Affairs, agency shall have developed a plan that, State in 22 U.S.C. Section 211a et seq. Washington, DC 20503. and Executive Order 11295 (August 5, among other things, provides for notice 1966) for the issuance of passports to 2. Groups of Children to potentially affected small United States citizens and non-citizen The collection of information governments, if any, and for a nationals. The issuance of U.S. requirements for groups of children meaningful and timely opportunity to passports requires the determination of would be contained in 8 CFR 212.1 and provide input in the development of identity and nationality with reference 235.1. The required information is regulatory proposals. to the provisions of Title III of the necessary to comply with section 7209 This rule would not impose a Immigration and Nationality Act (8 of IRTPA, as amended, to develop an significant cost or uniquely affect small U.S.C. sections 1401–1504), the alternative procedure for groups of governments. The rule does have an Fourteenth Amendment to the children traveling across an effect on the private sector of $100 Constitution of the United States, and international border under adult million or more. This impact is other applicable laws. The primary supervision with parental consent. DHS, discussed in the Executive Order 12866 purpose for soliciting the information is in consultation with DOS, has discussion. to establish nationality, identity, and developed alternate procedures
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requiring that certain information be unless the collection of information 8 CFR Part 235 provided to CBP so that these children displays a valid control number Administrative practice and would not be required to present a assigned by OMB. procedure, Aliens, Immigration, passport. Consequently, U.S. and Estimated annual reporting and/or Reporting and recordkeeping Canadian citizen children through age recordkeeping burden: 1,625 hours. requirements. 18, who are traveling with public or private school groups, religious groups, Estimated average annual respondent 22 CFR Part 41 or recordkeeping burden: 15 minutes. social or cultural organizations, or teams Aliens, Nonimmigrants, Passports and Estimated number of respondents associated with youth sport visas. organizations that arrive at U.S. sea or and/or recordkeepers: 6,500 land ports-of-entry, would be permitted respondents. 22 CFR Part 53 to present an original or a copy of a Estimated annual frequency of Passports and visas, travel birth certificate (rather than a passport), responses: 6,500 responses. restrictions. when the groups are under the Comments on this collection of supervision of an adult affiliated with Amendments to the Regulations information should be sent to the Office the organization and when all the of Management and Budget, Attention: I children have parental or legal guardian For the reasons stated above, DHS and Desk Officer of the Department of consent to travel. U.S. citizen children DOS amend 8 CFR parts 212 and 235 Homeland Security, Office of would also be permitted to present a and 22 CFR parts 41 and 53 as set forth Information and Regulatory Affairs, Certificate of Naturalization or a below. Consular Report of Birth Abroad. Washington, DC 20503. Canadian children would also be G. Privacy Statement permitted to present a Canadian Title 8—Aliens and Nationality Citizenship Card or Canadian A Privacy Impact Assessment (PIA) was posted to the DHS Web site (at Naturalization Certificate. PART 212—DOCUMENTARY When crossing the border at the port- http://www.dhs.gov/xinfoshare/ REQUIREMENTS; NONIMMIGRANTS; of-entry, the U.S. group, organization, or publications/editorial_0511.shtm) WAIVERS; ADMISSION OF CERTAIN team would be required to provide to regarding the proposed rule. The INADMISSIBLE ALIENS; PAROLE CBP on organizational letterhead the changes adopted in this final rule following information: (1) The name of involve the removal of an exception for I 1. The authority citation for part 212 the group; (2) the name of each child on U.S. citizens from having to present a is revised to read as follows: the trip; (3) the primary address, passport in connection with Western primary phone number, date of birth, Hemisphere travel other than Cuba, Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, place of birth, and name of at least one such that said individuals would now 1226, 1227, 1359; 8 U.S.C. 1185 note (section parent or legal guardian for each child be required to present a passport or 7209 of Pub. L. 108–458, as amended by on the trip; (4) the name of the other identified alternative document section 546 of Pub. L. 109–295 and by section chaperone or supervising adult; and (5) when traveling from foreign points of 723 of Pub. L. 110–53). the signed statement of the supervising origin both within and without of the adult certifying that he or she has Western Hemisphere. The rule expands I 2. A new § 212.0 is added to read as obtained parental or legal guardian the number of individuals submitting follows: consent for each child. passport information for travel within § 212.0 Definitions. The primary purpose for soliciting the the Western Hemisphere, but does not information is to allow groups of involve the collection of any new data For purposes of § 212.1 and § 235.1 of children arriving at the U.S. border elements. Presently, CBP collects and this chapter: under adult supervision with parental stores passport information from all Adjacent islands means Bermuda and consent to present either an original or travelers required to provide such the islands located in the Caribbean Sea, a copy of a birth certificate, (either for information pursuant to the Aviation except Cuba. U.S. children: a Consular Report of Birth and Transportation Security Act of 2001 Cruise ship means a passenger vessel Abroad, or Certificate of Naturalization; (ATSA) and the Enhanced Border over 100 gross tons, carrying more than or for Canadian children: a Canadian Security and Visa Reform Act of 2002 12 passengers for hire, making a voyage Citizenship Card or Canadian (EBSA), in the Treasury Enforcement lasting more than 24 hours any part of Naturalization Certificate), rather than a Communications System (TECS) (for which is on the high seas, and for which passport, when the requested which a System of Records Notice is passengers are embarked or information is provided to CBP. This published at 66 FR 53029). By removing disembarked in the United States or its information is necessary for CBP to the passport exception for U.S. Citizens territories. verify that the group of children traveling within the Western Ferry means any vessel operating on entering the United States is eligible for Hemisphere, DHS and DOS are a pre-determined fixed schedule and this alternative procedure so that the requiring these individuals to comply route, which is being used solely to children would not be required to with the general requirement to submit provide transportation between places present a passport or other generally passport information when traveling to that are no more than 300 miles apart acceptable document. and from the United States. and which is being used to transport The collection of information passengers, vehicles, and/or railroad encompassed within this proposed rule List of Subjects cars. has been submitted to the OMB for 8 CFR Part 212 Pleasure vessel means a vessel that is review in accordance with the used exclusively for recreational or Paperwork Reduction Act of 1995 (44 Administrative practice and personal purposes and not to transport U.S.C. 3507). An agency may not procedure, Aliens, Immigration, passengers or property for hire. conduct, and a person is not required to Passports and visas, Reporting and United States means ‘‘United States’’ respond to, a collection of information recordkeeping requirements. as defined in section 215(c) of the
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Immigration and Nationality Act of from contiguous territory or adjacent (2) The adult leading the group, 1952, as amended (8 U.S.C. 1185(c)). islands. organization, or team must demonstrate U.S. citizen means a United States (iv) Canadian Indians. If designated parental or legal guardian consent by citizen or a U.S. non-citizen national. by the Secretary of Homeland Security, certifying in the writing submitted in United States qualifying tribal entity a Canadian citizen holder of a Indian paragraph (a)(1)(v)(B)(1) of this section means a tribe, band, or other group of and Northern Affairs Canada (‘‘INAC’’) that he or she has obtained for each Native Americans formally recognized card issued by the Canadian Department child the consent of at least one parent by the United States Government which of Indian Affairs and North or legal guardian. agrees to meet WHTI document Development, Director of Land and (3) The inspection procedure standards. Trust Services (‘‘LTS’’) in conformance described in this paragraph is limited to * * * * * with security standards agreed upon by members of the group, organization, or the Governments of Canada and the I 3. Section 212.1 is amended by: team who are under age 19. Other United States, and containing a machine I a. Revising paragraphs (a)(1) and members of the group, organization, or readable zone and who is arriving from (a)(2); and team must comply with other applicable Canada may present the card prior to document and/or inspection I b. Revising paragraph (c)(1). entering the United States at a land port- requirements found in this part or parts The revisions read as follows: of-entry. 211 or 235 of this subchapter. § 212.1 Documentary requirements for (v) Children. A child who is a (2) Citizens of the British Overseas nonimmigrants. Canadian citizen arriving from Territory of Bermuda. A visa is * * * * * contiguous territory may present for generally not required for Citizens of the (a) Citizens of Canada or Bermuda, admission to the United States at sea or British Overseas Territory of Bermuda, Bahamian nationals or British subjects land ports-of-entry certain other except those Bermudians that fall under resident in certain islands. (1) Canadian documents if the arrival meets the nonimmigrant visa categories E, K, S, or citizens. A visa is generally not required requirements described below. V as provided in paragraphs (h), (l), and for Canadian citizens, except those (A) Children Under Age 16. A (m) of this section and 22 CFR 41.2. A Canadians that fall under nonimmigrant Canadian citizen who is under the age passport is required for Citizens of the visa categories E, K, S, or V as provided of 16 is permitted to present an original British Overseas Territory of Bermuda in paragraphs (h), (l), and (m) of this or a copy of his or her birth certificate, arriving in the United States. section and 22 CFR 41.2. A valid a Canadian Citizenship Card, or a * * * * * unexpired passport is required for Canadian Naturalization Certificate (c) Mexican nationals. (1) A visa and Canadian citizens arriving in the United when arriving in the United States from a passport are not required of a Mexican States, except when meeting one of the contiguous territory at land or sea ports- national who: following requirements: of-entry. (i) Is applying for admission as a (B) Groups of Children Under Age 19. (i) NEXUS Program. A Canadian temporary visitor for business or A Canadian citizen, under age 19 who citizen who is traveling as a participant pleasure from Mexico at a land port-of- is traveling with a public or private in the NEXUS program, and who is not entry, or arriving by pleasure vessel or school group, religious group, social or otherwise required to present a passport ferry, if the national is in possession of cultural organization, or team associated and visa as provided in paragraphs (h), a Form DSP–150, B–1/B–2 Visa and with a youth sport organization is (l), and (m) of this section and 22 CFR Border Crossing Card issued by the permitted to present an original or a 41.2, may present a valid unexpired Department of State, containing a copy of his or her birth certificate, a NEXUS program card when using a machine-readable biometric identifier; Canadian Citizenship Card, or a NEXUS Air kiosk or when entering the or. Canadian Naturalization Certificate United States from contiguous territory (ii) Is applying for admission from when arriving in the United States from or adjacent islands at a land or sea port- contiguous territory or adjacent islands contiguous territory at land or sea ports- of-entry. A Canadian citizen who enters at a land or sea port-of-entry, if the of-entry, when the group, organization the United States by pleasure vessel national is a member of the Texas Band or team is under the supervision of an from Canada under the remote of Kickapoo Indians or Kickapoo Tribe adult affiliated with the organization inspection system may present a valid of Oklahoma who is in possession of a and when the child has parental or legal unexpired NEXUS program card. Form I–872 American Indian Card. guardian consent to travel. For purposes (ii) FAST Program. A Canadian of this paragraph, an adult is considered * * * * * citizen who is traveling as a participant to be a person who is age 19 or older. in the FAST program, and who is not The following requirements will PART 235—INSPECTION OF PERSONS otherwise required to present a passport apply: APPLYING FOR ADMISSION and visa as provided in paragraphs (h), (1) The group, organization, or team I 4. The authority citation for part 235 (l), and (m) of this section and 22 CFR must provide to CBP upon crossing the is revised to read as follows: 41.2, may present a valid unexpired border, on organizational letterhead: FAST card at a land or sea port-of-entry (i) The name of the group, Authority: 8 U.S.C. 1101 and note, 1103, prior to entering the United States from organization or team, and the name of 1183, 1185 (pursuant to E.O. 13323, contiguous territory or adjacent islands. the supervising adult; published January 2, 2004), 1201, 1224, 1225, (iii) SENTRI Program. A Canadian (ii) A trip itinerary, including the 1226, 1228, 1365a note, 1379, 1731–32; 8 citizen who is traveling as a participant stated purpose of the trip, the location U.S.C. 1185 note (section 7209 of Pub. L. in the SENTRI program, and who is not 108–458, as amended by section 546 of Pub. of the destination, and the length of L. 109–295 and by section 723 of Pub. L. otherwise required to present a passport stay; 110–53). and visa as provided in paragraphs (h), (iii) A list of the children on the trip; (l), and (m) of this section and 22 CFR (iv) For each child, the primary I 5. Section 235.1 is amended by: 41.2, may present a valid unexpired address, primary phone number, date of I a. Revising paragraph (b); SENTRI card at a land or sea port-of- birth, place of birth, and name of a I b. Revising paragraph (d); and entry prior to entering the United States parent or legal guardian. I c. Revise paragraph (e).
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The revised text reads as follows: (i) Boards a cruise ship at a port or considered to be a person age 19 or place within the United States; and, older. The following requirements will § 235.1 Scope of examination. (ii) Returns on the return voyage of apply: * * * * * the same cruise ship to the same United (A) The group or organization must (b) U.S. Citizens. A person claiming States port or place from where he or provide to CBP upon crossing the U.S. citizenship must establish that fact she originally departed. border, on organizational letterhead: to the examining officer’s satisfaction On such cruises, U.S. Citizens under the (1) The name of the group, and must present a U.S. passport or organization or team, and the name of alternative documentation as required age of 16 may present an original or a copy of a birth certificate, a Consular the supervising adult; by 22 CFR part 53. If such applicant for (2) A list of the children on the trip; admission fails to satisfy the examining Report of Birth Abroad, or a Certificate of Naturalization issued by U.S. (3) For each child, the primary immigration officer that he or she is a address, primary phone number, date of U.S. citizen, he or she shall thereafter be Citizenship and Immigration Services. (6) Native American Holders of an birth, place of birth, and name of a inspected as an alien. A U.S. citizen parent or legal guardian. must present a valid unexpired U.S. American Indian Card. A Native American holder of a Form I–872 (B) The adult leading the group, passport book upon entering the United organization, or team must demonstrate States, unless he or she presents one of American Indian Card arriving from contiguous territory or adjacent islands parental or legal guardian consent by the following documents: certifying in the writing submitted in (1) Passport Card. A U.S. citizen who may present the Form I–872 card prior paragraph (b)(8)(ii)(A) of this section possesses a valid unexpired United to entering the United States at a land that he or she has obtained for each States passport card, as defined in 22 or sea port-of-entry. child the consent of at least one parent CFR 53.1, may present the passport card (7) Native American Holders of Tribal or legal guardian. when entering the United States from Documents. A U.S. citizen holder of a (C) The inspection procedure contiguous territory or adjacent islands tribal document issued by a United described in this paragraph is limited to at land or sea ports-of-entry. States qualifying tribal entity or group of (2) Merchant Mariner Document. A United States qualifying tribal entities, members of the group, organization, or U.S. citizen who holds a valid Merchant as provided in paragraph (e) of this team who are under age 19. Other Mariner Document (MMD) issued by the section, who is arriving from contiguous members of the group, organization, or U.S. Coast Guard may present an territory or adjacent islands may present team must comply with other applicable unexpired MMD used in conjunction the tribal document prior to entering the document and/or inspection with official maritime business when United States at a land or sea port-of- requirements found in this part. entering the United States. entry. * * * * * (3) Military Identification. Any U.S. (8) Children. A child who is a United (d) Enhanced Driver’s License citizen member of the U.S. Armed States citizen entering the United States Projects; alternative requirements. Upon Forces who is in the uniform of, or bears from contiguous territory at a sea or the designation by the Secretary of documents identifying him or her as a land ports-of-entry may present certain Homeland Security of an enhanced member of, such Armed Forces, and other documents, if the arrival falls driver’s license as an acceptable who is coming to or departing from the under subsection (i) or (ii). document to denote identity and United States under official orders or (i) Children Under Age 16. A U.S. citizenship for purposes of entering the permit of such Armed Forces, may citizen who is under the age of 16 is United States, U.S. and Canadian present a military identification card permitted to present either an original citizens may be permitted to present and the official orders when entering or a copy of his or her birth certificate, these documents in lieu of a passport the United States. a Consular Report of Birth Abroad upon entering or seeking admission to (4) Trusted Traveler Programs. A U.S. issued by the Department of State, or a the United States according to the terms citizen who travels as a participant in Certificate of Naturalization issued by of the agreements entered between the the NEXUS, FAST, or SENTRI programs U.S. Citizenship and Immigration Secretary of Homeland Security and the may present a valid NEXUS program Services when entering the United entity. The Secretary of Homeland card when using a NEXUS Air kiosk or States from contiguous territory at land Security will announce, by publication a valid NEXUS, FAST, or SENTRI card or sea ports-of-entry. of a notice in the Federal Register, at a land or sea port-of-entry prior to (ii) Groups of Children Under Age 19. documents designated under this entering the United States from A U.S. citizen, who is under age 19 and paragraph. A list of the documents contiguous territory or adjacent islands. is traveling with a public or private designated under this paragraph will A U.S. citizen who enters the United school group, religious group, social or also be made available to the public. States by pleasure vessel from Canada cultural organization, or team associated (e) Native American Tribal Cards; using the remote inspection system may with a youth sport organization is alternative requirements. Upon the present a NEXUS program card. permitted to present either an original designation by the Secretary of (5) Certain Cruise Ship Passengers. A or a copy of his or her birth certificate, Homeland Security of a United States U.S. citizen traveling entirely within the a Consular Report of Birth Abroad qualifying tribal entity document as an Western Hemisphere is permitted to issued by the Department of State, or a acceptable document to denote identity present a government-issued photo Certificate of Naturalization issued by and citizenship for purposes of entering identification document in combination U.S. Citizenship and Immigration the United States, Native Americans with either an original or a copy of his Services when arriving from contiguous may be permitted to present tribal cards or her birth certificate, a Consular territory at land or sea ports-of-entry, upon entering or seeking admission to Report of Birth Abroad issued by the when the group, organization, or team is the United States according to the terms Department of State, or a Certificate of under the supervision of an adult of the voluntary agreement entered Naturalization issued by U.S. affiliated with the group, organization, between the Secretary of Homeland Citizenship and Immigration Services or team and when the child has parental Security and the tribe. The Secretary of for entering the United States when the or legal guardian consent to travel. For Homeland Security will announce, by United States citizen: purposes of this paragraph, an adult is publication of a notice in the Federal
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Register, documents designated under I 4. Section 41.2 is amended by revising card issued by the Canadian Department this paragraph. A list of the documents the heading, the introductory text, and of Indian Affairs and North designated under this paragraph will paragraphs (a), (b), (g)(1) and (g)(2) to Development, Director of Land and also be made available to the public. read as follows: Trust Services (LTS) in conformance * * * * * with security standards agreed upon by § 41.2 Exemption or Waiver by Secretary the Governments of Canada and the of State and Secretary of Homeland Security of passport and/or visa United States, and containing a machine requirements for certain categories of readable zone, and who is arriving from Title 22—Foreign Relations nonimmigrants. Canada, may present the card prior to Pursuant to the authority of the entering the United States at a land port- PART 41—VISAS: DOCUMENTATION Secretary of State and the Secretary of of-entry. (5) Children. A child who is a OF NONIMMIGRANTS UNDER THE Homeland Security under the INA, as Canadian citizen who is seeking IMMIGRATION AND NATIONALITY ACT amended, a passport and/or visa is not admission to the United States when required for the following categories of Subpart A—Passport and Visas Not arriving from contiguous territory at a nonimmigrants: Required for Certain Nonimmigrants sea or land port-of-entry, may present (a) Canadian citizens. A visa is not certain other documents if the arrival required for an American Indian born in I 1. The authority citation for part 41 is meets the requirements described in Canada having at least 50 percentum of revised to read as follows: either paragraph (i) or (ii) of this section. blood of the American Indian race. A (i) Children Under Age 16. A Authority: 8 U.S.C. 1104; Pub. L. 105–277, visa is not required for other Canadian 112 Stat. 2681–795 through 2681–801; 8 Canadian citizen who is under the age citizens except for those who apply for U.S.C. 1185 note (section 7209 of Pub. L. of 16 is permitted to present an original 108–458, as amended by section 546 of Pub. admission in E, K, V, or S nonimmigrant or a copy of his or her birth certificate, L. 109–295). classifications as provided in a Canadian Citizenship Card, or a paragraphs (k) and (m) of this section Canadian Naturalization Certificate I 2. A new § 41.0 is added to read as and 8 CFR 212.1. A passport is required follows: when arriving in the United States from for Canadian citizens applying for contiguous territory at land or sea ports- admission to the United States, except § 41.0 Definitions. of-entry. when one of the following exceptions For purposes of this part and part 53: (ii) Groups of Children Under Age 19. applies: A Canadian citizen who is under age 19 Adjacent islands means Bermuda and (1) NEXUS Program. A Canadian the islands located in the Caribbean Sea, and who is traveling with a public or citizen who is traveling as a participant private school group, religious group, except Cuba. in the NEXUS program, and who is not Cruise ship means a passenger vessel social or cultural organization, or team otherwise required to present a passport associated with a youth sport over 100 gross tons, carrying more than and visa as provided in paragraphs (k) 12 passengers for hire, making a voyage organization may present an original or and (m) of this section and 8 CFR 212.1, a copy of his or her birth certificate, a lasting more than 24 hours any part of may present a valid NEXUS program which is on the high seas, and for which Canadian Citizenship Card, or a card when using a NEXUS Air kiosk or Canadian Naturalization Certificate passengers are embarked or when entering the United States from disembarked in the United States or its when applying for admission to the contiguous territory or adjacent islands United States from contiguous territory territories. at a land or sea port-of-entry. A Ferry means any vessel operating on at all land and sea ports-of-entry, when Canadian citizen who enters the United the group, organization or team is under a pre-determined fixed schedule and States by pleasure vessel from Canada route, which is being used solely to the supervision of an adult affiliated under the remote inspection system may with the organization and when the provide transportation between places present a NEXUS program card. that are no more than 300 miles apart child has parental or legal guardian (2) FAST Program. A Canadian citizen consent to travel. For purposes of this and which is being used to transport who is traveling as a participant in the passengers, vehicles, and/or railroad paragraph, an adult is considered to be FAST program, and who is not a person who is age 19 or older. The cars. otherwise required to present a passport Pleasure vessel means a vessel that is following requirements will apply: and visa as provided in paragraphs (k) (A) The group, organization, or team used exclusively for recreational or and (m) of this section and 8 CFR 212.1, must provide to CBP upon crossing the personal purposes and not to transport may present a valid FAST card at a land border, on organizational letterhead: passengers or property for hire. or sea port-of-entry prior to entering the (1) The name of the group, United States means ‘‘United States’’ United States from contiguous territory organization or team, and the name of as defined in section 215(c) of the or adjacent islands. the supervising adult; Immigration and Nationality Act of (3) SENTRI Program. A Canadian (2) A trip itinerary, including the 1952, as amended (8 U.S.C. 1185(c)). citizen who is traveling as a participant stated purpose of the trip, the location U.S. citizen means a United States in the SENTRI program, and who is not of the destination, and the length of citizen or a U.S. non-citizen national. otherwise required to present a passport stay; United States qualifying tribal entity and visa as provided in paragraphs (k) (3) A list of the children on the trip; means a tribe, band, or other group of and (m) of this section and 8 CFR 212.1, (4) For each child, the primary Native Americans formally recognized may present a valid SENTRI card at a address, primary phone number, date of by the United States Government which land or sea port-of-entry prior to birth, place of birth, and the name of at agrees to meet WHTI document entering the United States from least one parent or legal guardian. standards. contiguous territory or adjacent islands. (B) The adult leading the group, (4) Canadian Indians. If designated by organization, or team must demonstrate § 41.1 [Amended] the Secretary of Homeland Security, a parental or legal guardian consent by I 3. Section 41.1 is amended by Canadian citizen holder of an Indian certifying in the writing submitted in removing and reserving paragraph (b). and Northern Affairs Canada (‘‘INAC’’) paragraph (a)(5)(ii)(A) of this section
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that he or she has obtained for each PART 53—PASSPORT REQUIREMENT States from contiguous territory or child the consent of at least one parent AND EXCEPTIONS adjacent islands at a land or sea port-of- or legal guardian. entry. A U.S. citizen who enters the (C) The procedure described in this I 5. The authority citation for part 53 United States by pleasure vessel from paragraph is limited to members of the continues to read as follows: Canada under the remote inspection group, organization, or team that are Authority: 8 U.S.C. 1185; 8 U.S.C. 1185 system may also present a NEXUS under age 19. Other members of the note (section 7209 of Pub. L. 108–458); E.O. program card; group, organization, or team must 13323, 69 FR 241 (Dec. 23, 2003). (ii) FAST Program. A U.S. citizen who comply with other applicable document is traveling as a participant in the FAST I 6. Section 53.2 is revised to read as program may present a valid FAST card and/or inspection requirements found follows: in this part and 8 CFR parts 212 and when entering the United States from 235. § 53.2 Exceptions. contiguous territory or adjacent islands at a land or sea port-of-entry; (6) Enhanced Driver’s License (a) U.S. citizens, as defined in § 41.0 (iii) SENTRI Program. A U.S. citizen Programs. Upon the designation by the of this chapter, are not required to bear who is traveling as a participant in the Secretary of Homeland Security of an U.S. passports when traveling directly SENTRI program may present a valid enhanced driver’s license as an between parts of the United States as SENTRI card when entering the United acceptable document to denote identity defined in § 51.1 of this chapter. States from contiguous territory or and citizenship for purposes of entering (b) A U.S. citizen is not required to adjacent islands at a land or sea port-of- the United States, Canadian citizens bear a valid U.S. passport to enter or entry; The NEXUS, FAST, and SENTRI may be permitted to present these depart the United States: cards are not sufficient to establish documents in lieu of a passport when (1) When traveling as a member of the citizenship for purposes of issuance of seeking admission to the United States Armed Forces of the United States on a U.S. passport under part 51 of this according to the terms of the agreements active duty and when he or she is in the chapter; or entered between the Secretary of uniform of, or bears documents (5) When arriving at land ports of Homeland Security and the entity. The identifying him or her as a member of, entry and sea ports of entry from Secretary of Homeland Security will such Armed Forces, when under official contiguous territory or adjacent islands, announce, by publication of a notice in orders or permit of such Armed Forces, Native American holders of American the Federal Register, documents and when carrying a military Indian Cards (Form I–872) issued by designated under this paragraph. A list identification card; or U.S. Citizenship and Immigration of the documents designated under this (2) When traveling entirely within the Services (USCIS) may present those paragraph will also be made available to Western Hemisphere on a cruise ship, cards; or the public. and when the U.S. citizen boards the (6) When arriving at land or sea ports (b) Citizens of the British Overseas cruise ship at a port or place within the of entry from contiguous territory or Territory of Bermuda. A visa is not United States and returns on the return adjacent islands, U.S. citizen holders of required, except for Citizens of the voyage of the same cruise ship to the a tribal document issued by a United British Overseas Territory of Bermuda same United States port or place from States qualifying tribal entity or group of who apply for admission in E, K, V, or where he or she originally departed. United States qualifying tribal entities S nonimmigrant visa classification as That U.S. citizen may present a as provided in 8 CFR 235.1(e) may provided in paragraphs (k) and (m) of government-issued photo identification present that document. Tribal this section and 8 CFR 212.1. A passport document in combination with either an documents are not sufficient to establish is required for Citizens of the British original or a copy of his or her birth citizenship for purposes of issuance of Overseas Territory of Bermuda applying certificate, a Consular Report of Birth a United States passport under part 51 for admission to the United States. Abroad issued by the Department, or a of this chapter; or * * * * * Certificate of Naturalization issued by (7) When bearing documents or U.S. Citizenship and Immigration combinations of documents the (g) Mexican nationals. (1) A visa and Services before entering the United Secretary of Homeland Security has a passport are not required of a Mexican States; if the U.S. citizen is under the determined under Section 7209(b) of national who is applying for admission age of 16, he or she may present either Public Law 108–458 (8 U.S.C. 1185 from Mexico as a temporary visitor for an original or a copy of his or her birth note) are sufficient to denote identity business or pleasure at a land port-of- certificate, a Consular Report of Birth and citizenship. Such documents are entry, or arriving by pleasure vessel or Abroad issued by the Department, or a not sufficient to establish citizenship for ferry, if the national is in possession of Certificate of Naturalization issued by purposes of issuance of a U.S. passport a Form DSP–150, B–1/B–2 Visa and U.S. Citizenship and Immigration under part 51 of this chapter; or Border Crossing Card, containing a Services; or (8) When the U.S. citizen is employed machine-readable biometric identifier, (3) When traveling as a U.S. citizen directly or indirectly on the issued by the Department of State. seaman, carrying an unexpired construction, operation, or maintenance (2) A visa and a passport are not Merchant Marine Document (MMD) in of works undertaken in accordance with required of a Mexican national who is conjunction with maritime business. the treaty concluded on February 3, applying for admission from contiguous The MMD is not sufficient to establish 1944, between the United States and territory or adjacent islands at a land or citizenship for purposes of issuance of Mexico regarding the functions of the sea port-of-entry, if the national is a a United States passport under part 51 International Boundary and Water member of the Texas Band of Kickapoo of this chapter; or Commission (IBWC), TS 994, 9 Bevans Indians or Kickapoo Tribe of Oklahoma (4) Trusted Traveler Programs. (i) 1166, 59 Stat. 1219, or other related who is in possession of a Form I–872 NEXUS Program. When traveling as a agreements, provided that the U.S. American Indian Card issued by U.S. participant in the NEXUS program, he citizen bears an official identification Citizenship and Immigration Services or she may present a valid NEXUS card issued by the IBWC and is traveling (USCIS). program card when using a NEXUS Air in connection with such employment; * * * * * kiosk or when entering the United or
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(9) When the Department of State school group, religious group, social or birth, place of birth, and the name of at waives, pursuant to EO 13323 of cultural organization, or team associated least one parent or legal guardian. December 30, 2003, Section 2, the with a youth sport organization may (B) The adult leading the group, requirement with respect to the U.S. present either an original or a copy of organization, or team must demonstrate citizen because there is an unforeseen his or her birth certificate, a Consular parental or legal guardian consent by emergency; or Report of Birth Abroad, or a Certificate certifying in the writing submitted in (10) When the Department of State of Naturalization issued by U.S. paragraph (b)(11)(ii)(A) of this section waives, pursuant to EO 13323 of Citizenship and Immigration Services that he or she has obtained for each when arriving in the United States from December 30, 2003, Sec 2, the child the consent of at least one parent contiguous territory at all land or sea requirement with respect to the U.S. or legal guardian. citizen for humanitarian or national ports of entry, when the group, interest reasons; or organization or team is under the (C) The procedure described in this paragraph is limited to members of the (11) When the U.S. citizen is a child supervision of an adult affiliated with under the age of 19 arriving from the organization and when the child has group, organization, or team who are contiguous territory in the following parental or legal guardian consent to under age 19. Other members of the circumstances: travel. For purposes of this paragraph, group, organization, or team must comply with other applicable document (i) Children Under Age 16. A United an adult is considered to be a person and/or inspection requirements found States citizen who is under the age of 16 who is age 19 or older. The following requirements will in 8 CFR parts 211, 212, or 235. is permitted to present either an original apply: Dated: March 26, 2008. or a copy of his or her birth certificate, (A) The group, organization, or team a Consular Report of Birth Abroad, or a must provide to CBP upon crossing the Michael Chertoff, Certificate of Naturalization issued by border on organizational letterhead: Secretary of Homeland Security, Department U.S. Citizenship and Immigration (1) The name of the group, of Homeland Security. Services when entering the United organization or team, and the name of Patrick Kennedy, States from contiguous territory at land the supervising adult; or sea ports-of-entry; or (2) A list of the children on the trip; Under Secretary of State for Management, (ii) Groups of Children Under Age 19. and Department of State. A U.S. citizen who is under age 19 and (3) For each child, the primary [FR Doc. E8–6725 Filed 4–2–08; 8:45 am] who is traveling with a public or private address, primary phone number, date of BILLING CODE 9111–14–P
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Notices Federal Register Vol. 73, No. 65
Thursday, April 3, 2008
This section of the FEDERAL REGISTER passport or such alternative documents must enter into agreement with DHS to contains documents other than rules or as the Secretary of Homeland Security develop an acceptable EDL document. proposed rules that are applicable to the (Secretary) designates as satisfactorily Each EDL program is specific to each public. Notices of hearings and investigations, establishing identity and citizenship entity based on specific factors such as committee meetings, agency decisions and when entering the United States. In a the entity’s level of interest, funding, rulings, delegations of authority, filing of petitions and applications and agency final rule published concurrently in this technology, and other development and statements of organization and functions are issue of the Federal Register, the implementation factors. Based on the examples of documents appearing in this Department of Homeland Security individual development of each EDL section. (DHS) and Department of State (DOS) program, DHS will announce acceptable describe the second phase of a joint State and provincial EDL programs on plan, known as the Western Hemisphere an ongoing basis by publication in the DEPARTMENT OF HOMELAND Travel Initiative (WHTI), to implement Federal Register. SECURITY these new requirements. That final rule To be acceptable, EDL documents specifies the documents that U.S. must satisfy section 7209 by denoting Designation of an Enhanced Driver’s citizens and nonimmigrant aliens from identity and citizenship. Acceptable License and Identity Document Issued Canada, Bermuda, and Mexico will be EDL documents must also have by the State of Washington as a Travel required to present when entering the compatible technology, security criteria, Document Under the Western United States at land and sea ports-of- and must respond to CBP’s operational Hemisphere Travel Initiative entry from within the Western concerns. The EDL must include AGENCY: U.S. Customs and Border Hemisphere. technologies that facilitate inspection at As provided for in the WHTI final Protection, Department of Homeland ports-of-entry. EDL documents must rule for land and sea, one type of Security. also be issued in a secure process and citizenship and identity document that include technology that facilitates travel ACTION: Notice. U.S. citizens may present upon entry to to satisfy WHTI requirements. DHS SUMMARY: This notice announces that the United States is an enhanced believes that the use of the EDL will the Secretary of Homeland Security is driver’s license or identification have considerable facilitation benefits designating enhanced driver’s licenses document (EDLs) designated by the because CBP officers currently must and identity documents (EDL) issued by Secretary pursuant to section 7209 of inspect over 8,000 different types of the State of Washington as acceptable IRTPA, as amended. See 8 U.S.C. 1185 documents issued by State and local documents to denote identity and note. To this end, in the WHTI final rule entities when making admissibility citizenship for purposes of entering the for land and sea, a new regulatory determinations at land and seaports. United States at land and sea ports of provision, at 8 CFR 235.1(d), provides: Based on DHS testing and its experience entry upon implementation of Section Upon the designation by the Secretary of with its trusted traveler programs, DHS 7209 of the Intelligence Reform and Homeland Security of an enhanced driver’s expects that each application for Terrorism Prevention Act of 2004. U.S. license as an acceptable document to denote admission will be more efficient and citizens possessing these EDLs will be identity and citizenship for purposes of travelers will move through the primary permitted to present the EDL as an entering the United States, U.S. citizens and inspection process more quickly with Canadian citizens may be permitted to acceptable document under the Western present these documents in lieu of a passport EDLs that will incorporate radio Hemisphere Travel Initiative when upon entering or seeking admission to the frequency identification (RFID) entering the United States from Canada United States according to the terms of the technology. and Mexico at land and sea ports of agreements entered between the Secretary of DHS is coordinating efforts to ensure entry. Homeland Security and the entity. The that a State enhanced driver’s license Secretary of Homeland Security will developed to meet the requirements of DATES: This designation will become announce, by publication of a notice in the effective on June 1, 2009. WHTI, will also adopt standards that Federal Register, documents designated REAL ID requires, as they are defined FOR FURTHER INFORMATION CONTACT: under this paragraph. A list of the documents through the REAL ID rulemaking Colleen Manaher, Western Hemisphere designated under this paragraph will also be process. DHS published the REAL ID Travel Initiative, U.S. Customs and made available to the public. final rule on January 29, 2008 setting Border Protection, 1300 Pennsylvania EDL Programs minimum standards for state-issued Avenue, NW., Washington, DC 20229, DHS is committed to working with driver’s licenses and identifications 202–344–1220. the various U.S. States and the cards that be accepted for official SUPPLEMENTARY INFORMATION: Government of Canada to facilitate the purposes in accordance with the REAL Background development of state and province ID Act of 2005. See Public Law 109–13, issued EDLs as travel documents that 119 Stat. 231, 302 (May 11, 2005) The Western Hemisphere Travel denote identity and citizenship; (codified at 49 U.S.C. 30301 note). Initiative therefore, satisfying section 7209 of Although REAL ID-compliant licenses The Intelligence Reform and IRTPA, as amended. The Secretary and identification cards can be issued to Terrorism Prevention Act of 2004 believes there is great promise in non-U.S. citizens upon verification of (IRTPA), as amended, provides that driver’s licenses that are enhanced to legal status in the United States, EDLs upon implementation, U.S. citizens and satisfy WHTI requirements, namely will only be issued to citizens of the Bermudian, Canadian and Mexican denoting both identity and citizenship. United States or Canada by an authority nationals will be required to present a To establish an EDL program, each State in each individual’s country. DHS will
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continue to work closely with states to only be issued to U.S. citizens. EDLs the State of Washington, pursuant to the develop EDLs that meet both REAL ID also may be issued as photo terms of the MOA executed between and WHTI requirements. identification cards to non-drivers. DHS and the State of Washington, as an Washington State EDLs The Secretary has determined that acceptable document to denote identity Washington State EDL documents will and citizenship for purposes of entering The State of Washington has the United States. Therefore, pursuant established a voluntary program to satisfy section 7209 by denoting identity to 8 CFR 235.1(d), U.S. citizen holders develop an enhanced driver’s license and citizenship. The Washington State of these Washington State EDLs may and identification card that would EDL documents will have compatible denote identity and citizenship. On facilitative technology to meet CBP’s present these EDLs as an alternative to March 23, 2007, the Secretary of operational needs. These documents a passport upon entering the United Homeland Security and the Governor of contain vicinity RFID chips and States at all land and sea ports of entry Washington signed a Memorandum of machine readable zones that will when coming from contiguous territory Agreement (MOA) to develop, issue, facilitate processing for the holder. The and adjacent islands. EDL will also include physical security test, and evaluate an enhanced driver’s Dated: March 26, 2008. features that guard against tampering. license and identification card with Michael Chertoff, facilitative technology to be used for Washington State has already begun border crossing purposes. Under the issuing EDLs. Secretary. terms of the agreement between DHS This notice announces that the [FR Doc. E8–6819 Filed 4–2–08; 8:45 am] and Washington State, the EDL will Secretary designates the EDL issued by BILLING CODE 9111–14–P
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Part IV
The President Proclamation 8229—Cancer Control Month, 2008 Proclamation 8230—National Child Abuse Prevention Month, 2008 Proclamation 8231—National Donate Life Month, 2008 Proclamation 8232—National Fair Housing Month, 2008
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Federal Register Presidential Documents Vol. 73, No. 65
Thursday, April 3, 2008
Title 3— Proclamation 8229 of April 1, 2008
The President Cancer Control Month, 2008
By the President of the United States of America
A Proclamation During Cancer Control Month, we honor cancer victims and survivors, raise awareness of the impact cancer has on our citizens, and underscore our commitment to battling this deadly disease. Cancer is the second-leading cause of death in the United States, and we remain committed to making the medical advances necessary to prevent and treat this disease. Scientists and medical professionals have made great progress in developing innovative treatments, improving diagnostic tools, and increasing our understanding of cancer. These advances have helped people with cancer live longer, healthier lives. All Americans can reduce their risk of developing cancer by following healthy eating habits, exercising regularly, avoiding tobacco and excessive use of alcohol, and controlling their weight. By scheduling regular physicals, getting preventive health screenings, and being aware of their family history, individuals who do develop cancer can increase the likelihood that it will be discovered at an earlier and more treatable stage. I encourage all our citizens to talk to their doctors and learn more about preventive measures that can save lives. My Administration remains dedicated to finding a cure for cancer. Since 2005, the Cancer Genome Atlas has played a role in advancing cancer research, and it is helping scientists learn more about the genetic sources of cancer. We continue to support the innovative advances needed to bring hope to those affected, and we will continue to fight cancer. As we observe Cancer Control Month, we honor cancer survivors for their determination, courage, and strength, and we remember those who lost their valiant fight against cancer. Their stories are an inspiration to all Americans. We also recognize medical professionals, researchers, family members, and friends who help support cancer patients. Their efforts improve the quality of life for those suffering from cancer, and their compassion embodies the true spirit of our Nation. The Congress of the United States, by joint resolution approved March 28, 1938 (52 Stat. 148; 36 U.S.C. 103), as amended, has requested the President to issue an annual proclamation declaring April as ‘‘Cancer Control Month.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim April 2008 as Cancer Control Month. I encourage citizens, government agencies, private businesses, nonprofit organi- zations, and other interested groups to join in activities that raise awareness about how all Americans can prevent and control cancer.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.
[FR Doc. 08–1098 Filed 4–2–08; 9:03 am] Billing code 3195–01–P
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Proclamation 8230 of April 1, 2008
National Child Abuse Prevention Month, 2008
By the President of the United States of America
A Proclamation Children are the hope and promise of our Nation, and our society has a special duty to ensure young Americans get the care and attention they need to succeed in life. During National Child Abuse Prevention Month, we underscore our commitment to preventing child abuse and neglect so that all children can live in safety and security. Parents have a responsibility to safeguard their children from danger and to provide the love, protection, and guidance youngsters need to grow into confident and caring adults. In every community across the Nation, good and courageous citizens are improving the lives of our most vulnerable children with acts of compassion. The strength of America lies in the ability of our citizens to make a positive difference in the lives of our young people. My Administration is committed to the safety of our Nation’s youth. In 2006, I signed into law the Adam Walsh Child Protection and Safety Act, which was designed to protect children from sexual and other violent crimes, help prevent child pornography, and make the Internet safer for our children. This law expands sex offender registration and notification on a nationwide basis, provides a statutory basis for the Project Safe Childhood program, and gives communities and law enforcement the tools necessary to keep children out of harm’s way. Additionally, with strengthened Federal pen- alties, we will ensure that those who prey on our children will be caught, prosecuted, and punished to the fullest extent of the law. As we observe National Child Abuse Prevention Month, we reaffirm our loving commitment to America’s youth and our dedication to building a society in which all children can realize their full potential. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 2008 as National Child Abuse Prevention Month. I encourage all citizens to help protect our children from abuse and neglect and to take an active role in creating safe communities.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.
[FR Doc. 08–1099 Filed 4–2–08; 9:03 am] Billing code 3195–01–P
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Proclamation 8231 of April 1, 2008
National Donate Life Month, 2008
By the President of the United States of America
A Proclamation Every human life has matchless value, and during National Donate Life Month, we reaffirm our commitment to raising awareness about the impor- tance of organ donation. We also express our appreciation to those who have donated organs, tissue, and marrow. Thousands of Americans are currently on the waiting list for an organ or tissue transplant. I urge all Americans to register with their State’s donor registry; fill out, sign, and carry an organ donor card; say yes to organ donation on their driver’s license; and share their decision with family and friends. By taking these steps, Americans can help save lives. My Administration is committed to strengthening organ and tissue donation programs and awareness activities. Just last year, I was pleased to sign the ‘‘Charlie W. Norwood Living Organ Donation Act,’’ which helps match more donors with those in need of transplants. The kindness and generosity of donors reflect the compassionate spirit of our Nation. During National Donate Life Month, we celebrate the life-saving work of medical professionals and researchers and the many others whose actions reflect our commitment to a brighter tomorrow. Individuals can visit organdonor.gov to learn more about organ and tissue donation and how they can give the gift of life. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 2008 as National Donate Life Month. I call upon health care professionals, volunteers, edu- cators, government agencies, faith-based and community groups, and private organizations to help raise awareness of the urgent need for organ and tissue donors throughout our Nation.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.
[FR Doc. 08–1100 Filed 4–2–08; 9:03 am] Billing code 3195–01–P
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Proclamation 8232 of April 1, 2008
National Fair Housing Month, 2008
By the President of the United States of America
A Proclamation During National Fair Housing Month, our Nation commemorates the 40th anniversary of the Fair Housing Act and reaffirms our dedication to maintain- ing equal access to housing for every American. On April 11, 1968, President Lyndon B. Johnson signed the Fair Housing Act. This important legislation was one of a series of civil rights laws that sought to secure the rights of individuals and extend the full blessings of liberty to all Americans. The Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing and, in doing so, furthers the ideals championed by Dr. Martin Luther King, Jr., and other heroes of the civil rights movement. Our Nation has come a long way, yet our journey to justice is not complete. While the housing market works through this difficult period, my Administra- tion remains steadfast in its commitment to help responsible homeowners, to end discrimination, and to work to ensure that all citizens have access to housing. During National Fair Housing Month, we acknowledge our re- sponsibility to ensure that all Americans enjoy the opportunities that this great land of liberty offers. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim April 2008 as National Fair Housing Month. I call upon the people of the United States to learn more about their rights and responsibilities under the Fair Housing Act.
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IN WITNESS WHEREOF, I have hereunto set my hand this first day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second.
[FR Doc. 08–1101 Filed 4–2–08; 9:03 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 73, No. 65 Thursday, April 3, 2008
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL
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. 240...... 17810 Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 18 CFR The United States Government Manual 741–6000 7746 (See 8228)...... 18141 35...... 17246 7747 (See 8228)...... 18141 Other Services 7987 (See 8228)...... 18141 21 CFR Electronic and on-line services (voice) 741–6020 8097 (See 8228)...... 18141 522...... 17890 Privacy Act Compilation 741–6064 8214 (See 8228)...... 18141 Public Laws Update Service (numbers, dates, etc.) 741–6043 8228...... 18141 22 CFR TTY for the deaf-and-hard-of-hearing 741–6086 8229...... 18425 41...... 18384 8230...... 18427 53...... 18384 8231...... 18429 309...... 18154 ELECTRONIC RESEARCH 8232...... 18431 26 CFR World Wide Web Executive Orders: 11651 (See 1...... 18159, 18160 Full text of the daily Federal Register, CFR and other publications Proclamation is located at: http://www.gpoaccess.gov/nara/index.html 30 CFR 8228) ...... 18141 Federal Register information and research tools, including Public Administrative Orders: 756...... 17247 Inspection List, indexes, and links to GPO Access are located at: Presidential Proposed Rules: http://www.archives.gov/federallregister Determinations: 938...... 17268 No. 2008-15 of March E-mail 32 CFR 19, 2008 ...... 17241 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is No. 2008-17 of March Proposed Rules: an open e-mail service that provides subscribers with a digital 28, 2008 ...... 17879 199...... 17271 form of the Federal Register Table of Contents. The digital form No. 2008-16 of March 33 CFR of the Federal Register Table of Contents includes HTML and 24, 2008 ...... 18147 PDF links to the full text of each document. 117...... 17249, 17250 To join or leave, go to http://listserv.access.gpo.gov and select 5 CFR Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 1201...... 18149 165...... 18222, 18225 (or change settings); then follow the instructions. 7 CFR 36 CFR PENS (Public Law Electronic Notification Service) is an e-mail 1253...... 18160 service that notifies subscribers of recently enacted laws. 457...... 17243 Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 40 CFR 301...... 17930 and select Join or leave the list (or change settings); then follow 49...... 18161 319...... 17930 the instructions. 52 ...... 17890, 17893, 17896 FEDREGTOC-L and PENS are mailing lists only. We cannot 8 CFR 60...... 18162 respond to specific inquiries. 61...... 18162 212...... 18384 63...... 17252, 18169 Reference questions. Send questions and comments about the 235...... 18384 81...... 17897 Federal Register system to: [email protected] 9 CFR 180 ...... 17906, 17910, 17914, The Federal Register staff cannot interpret specific documents or 17918 94...... 17881 regulations. 271...... 17924, 18172 12 CFR Proposed Rules: FEDERAL REGISTER PAGES AND DATE, APRIL 52...... 17289, 17939 268...... 17885 63 ...... 17292, 17940, 18229, 17241–17880...... 1 14 CFR 18334 271...... 17944, 18229 17881–18148...... 2 61...... 17243 18149–18432...... 3 71 ...... 17887, 17888, 18151 42 CFR 97...... 18152 422...... 18176 Proposed Rules: 423...... 18176 39 ...... 17258, 17260, 17935, 17937, 18220 44 CFR 71...... 18222 62...... 18182 64...... 17928, 18188 16 CFR 67...... 18189, 18197 Proposed Rules: Proposed Rules: 305...... 17263 67 ...... 18230, 18243, 18246 17 CFR 47 CFR 200...... 17810 Proposed Rules: 239...... 17810 73...... 18252
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REMINDERS Embraer Model EMB-120, Fisheries of the Exclusive due by 4-7-08; published 3- The items in this list were 120ER, 120FC, 120QC, Economic Zone Off Alaska; 7-08 [FR E8-04253] editorially compiled as an aid and 120RT Airplanes; Atka Mackerel in the Bering Final Authorization of State to Federal Register users. published 2-28-08 Sea and Aleutian Islands Hazardous Waste Inclusion or exclusion from Fokker Model F.28 Mark Management Area; Management Program this list has no legal 0070 and 0100 Airplanes; comments due by 4-7-08; Revisions: significance. published 2-28-08 published 3-21-08 [FR 08- Colorado; comments due by General Electric Co.; 01061] 4-11-08; published 3-12- published 2-28-08 Fisheries of the Exclusive 08 [FR E8-04978] Hazardous Waste RULES GOING INTO Standard Instrument Approach Economic Zone Off Alaska: Management System; EFFECT APRIL 3, 2008 Procedures, etc.; published Shallow-Water Species Hazardous Waste Manifest 4-3-08 Fishery by Vessels Using System Modification; COMMERCE DEPARTMENT TREASURY DEPARTMENT Trawl Gear in the Gulf of comments due by 4-11-08; National Oceanic and Internal Revenue Service Alaska; comments due by published 2-26-08 [FR E8- 4-7-08; published 3-26-08 Atmospheric Administration Guidance Under Section 1502; 03615] [FR 08-01073] Atlantic Coastal Fisheries Amendment of Matching Inert ingredients: Cooperative Management Rule for Certain Gains on Fisheries of the Northeastern Denial of Pesticide Petitions, Act Provisions; Weakfish Member Stock; Correction; United States: etc.; comments due by 4- Fishery; published 3-4-08 published 4-3-08 Atlantic Sea Scallop Fishery; 8-08; published 2-8-08 ENVIRONMENTAL Framework Adjustment [FR E8-02175] 19; comments due by 4- Land Disposal Restrictions: PROTECTION AGENCY COMMENTS DUE NEXT 8-08; published 3-19-08 Site Specific Treatment Approval and Promulgation of WEEK Air Quality Implementation [FR 08-01055] Variance etc.; Plans: COMMERCE DEPARTMENT EnergySolutions Facility in AGRICULTURE Clive, UT; comments due Pennsylvania; published 3-4- DEPARTMENT Patent and Trademark Office by 4-7-08; published 3-6- 08 Agricultural Marketing Examination of Patent 08 [FR E8-04428] Pennsylvania etc.; published Service Applications That Include Site Specific Treatment 3-4-08 Claims Containing Olives Grown in California; Variance; EnergySolutions Delegation of Partial Alternative Language; Decreased Assessment Facility in Clive, UT; Administrative Authority for comments due by 4-9-08; Rate; comments due by 4- comments due by 4-7-08; Implementation of Federal published 3-10-08 [FR E8- 7-08; published 2-7-08 [FR published 3-6-08 [FR E8- Implementation Plan: 04744] E8-02193] 04449] Quinault Indian Nation; Proposed Tolerance Actions: AGRICULTURE ENVIRONMENTAL published 4-3-08 2,4-D, Bensulide, et al.; DEPARTMENT PROTECTION AGENCY MERIT SYSTEMS comments due by 4-7-08; Animal and Plant Health Approval and Promulgation of PROTECTION BOARD published 2-6-08 [FR E8- Inspection Service Implementation Plans: Revised Interim Rule with 02094] South American Cactus Moth; Reasonably Available Request for Comment; FEDERAL Quarantine and Regulations; Control Technology for published 4-3-08 Oxides of Nitrogen; New COMMUNICATIONS comments due by 4-11-08; COMMISSION TRANSPORTATION Jersey; comments due by published 2-11-08 [FR E8- Creation of a Low Power DEPARTMENT 02477] 4-7-08; published 3-6-08 [FR E8-04346] Radio Service; comments Federal Aviation AGRICULTURE due by 4-7-08; published 3- Community Right-to-Know; Administration DEPARTMENT 6-08 [FR E8-04456] Airworthiness Directives: Corrections and 2007 Forest Service Updates: FEDERAL RESERVE Airbus Model A319, A320, Special Areas; Roadless Area SYSTEM Toxics Release Inventory; and A321 Series Conservation; Applicability to Truth in Lending; comments North American Industry Airplanes; published 2-28- the National Forests in due by 4-8-08; published 1- Classification System 08 Idaho; comments due by 4- 9-08 [FR E7-25058] Reporting Codes; ATR Model ATR42 and 7-08; published 1-7-08 [FR comments due by 4-7-08; FEDERAL RETIREMENT ATR72 Airplanes; 07-06305] THRIFT INVESTMENT published 2-28-08 published 3-6-08 [FR E8- AGRICULTURE 04387] BOARD BAE Systems (Operations) DEPARTMENT Participants Choices of TSP Limited Model BAe 146 Environmental Statements; Funds; comments due by 4- Grain Inspection, Packers Notice of Intent: and Model Avro 146 RJ and Stockyards 9-08; published 3-10-08 [FR Coastal Nonpoint Pollution Airplanes; published 2-28- Administration E8-04776] 08 Control Programs; States HEALTH AND HUMAN Swine Contractors; comments and Territories— Boeing Model 737 300, 400, due by 4-8-08; published 2- SERVICES DEPARTMENT Florida and South and 500 Series Airplanes; 8-08 [FR E8-02376] Food and Drug published 2-28-08 Carolina; Open for Administration Weighing, Feed, and Swine comments until further Proposal to Permit the Use of Boeing Model 767 200, 300, Contractors; comments due notice; published 2-11- Ultrafiltered Milk; Extension 300F, and 400ER Series by 4-11-08; published 2-11- 08 [FR 08-00596] of Comment Period: Airplanes; published 2-28- 08 [FR 08-00577] 08 Final Authorization of State Cheeses and Related COMMERCE DEPARTMENT Bombardier Model DHC 8 Hazardous Waste Cheese Products; 102, DHC 8 103, DHC 8 National Oceanic and Management Program comments due by 4-11- 106, DHC 8 201, DHC 8 Atmospheric Administration Revisions; Utah; comments 08; published 2-11-08 [FR 202, DHC 8 301, DHC 8 Endangered and Threatened due by 4-7-08; published 3- E8-02454] 311, and DHC 8 315 Wildlife and Plants: 7-08 [FR E8-04251] HOMELAND SECURITY Airplanes, and Model Endangered Status for Black Final Authorization of State DEPARTMENT DHC 8 400 Series Abalone; comments due Hazardous Waste Coast Guard Airplanes; published 2-28- by 4-10-08; published 1- Management Program Drawbridge Operation 08 11-08 [FR E8-00335] Revision; Utah; comments Regulations:
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Mill Neck Creek, Oyster 4-11-08; published 2-11-08 Bombardier Model DHC-8- published 1-7-08 [FR 08- Bay, NY; comments due [FR E8-02062] 400, DHC-8-401, and 00002] by 4-7-08; published 3-7- DHC 8 402 Airplanes; NUCLEAR REGULATORY TREASURY DEPARTMENT 08 [FR E8-04470] COMMISSION comments due by 4-10- Safety Zone: 08; published 3-11-08 [FR Standards for the Decommissioning Planning; Administrative Collection of Red Bull Air Race; San E8-04771] comments due by 4-7-08; Claims; comments due by Diego Bay, San Diego, Airworthiness directives: published 1-22-08 [FR E8- 4-7-08; published 3-7-08 CA; comments due by 4- Eurocopter Model AS 332 00574] [FR E8-04586] 11-08; published 4-3-08 PERSONNEL MANAGEMENT L2 Helicopters; comments [FR E8-06892] OFFICE due by 4-7-08; published Security Zone: 2-5-08 [FR E8-01701] Time-in-Grade Rule LIST OF PUBLIC LAWS Anacostia River, Eliminated; comments due Airworthiness Directives: Washington, DC; Lindstrand Balloons Ltd. by 4-7-08; published 2-6-08 This is a continuing list of comments due by 4-7-08; [FR E8-02122] Models 42A, 56A, 77A, published 3-7-08 [FR E8- 105A, 150A, 210A, 260A, public bills from the current POSTAL SERVICE 04463] 60A, 69A, 90A, 120A, session of Congress which New Standards to Prohibit the have become Federal laws. It MacDill Air Force Base, 180A, 240A, and 310A Mailing of Replica or Inert may be used in conjunction Tampa Bay, FL; Balloons; comments due Munitions; comments due by with ‘‘PLUS’’ (Public Laws comments due by 4-7-08; by 4-11-08; published 3- 4-7-08; published 3-7-08 Update Service) on 202–741– published 2-5-08 [FR E8- 12-08 [FR E8-04759] [FR E8-04459] 6043. This list is also 01765] Rolls-Royce plc RB211 available online at http:// TRANSPORTATION Series Turbofan Engines; Special Local Regulations: www.archives.gov/federal- DEPARTMENT comments due by 4-7-08; Recurring Marine Events in register/laws.html. the Fifth Coast Guard Federal Aviation published 2-6-08 [FR E8- District; comments due by Administration 02028] The text of laws is not 4-9-08; published 3-10-08 Airworthiness Directives: Saab Model SAAB SF340A published in the Federal [FR E8-04707] Agusta S.p.A. Model AB and SAAB 340B Register but may be ordered in ‘‘slip law’’ (individual Temporary Restricted 139 and AW 139 (Including Variant 340B pamphlet) form from the Anchorage: Helicopters; comments (WT)) Series Airplanes; Superintendent of Documents, Seventh Coast Guard due by 4-7-08; published comments due by 4-11- 3-7-08 [FR E8-04461] 08; published 3-12-08 [FR U.S. Government Printing District, Captain of the Office, Washington, DC 20402 Airbus Model A318, A319, E8-04660] Port Zone Jacksonville; (phone, 202–512–1808). The A320, and A321 Amendment of Class E comments due by 4-10- text will also be made Airplanes; comments due Airspace; Franklin, PA; 08; published 3-11-08 [FR available on the Internet from E8-04757] by 4-7-08; published 3-13- comments due by 4-7-08; published 2-21-08 [FR 08- GPO Access at http:// INTERIOR DEPARTMENT 08 [FR E8-05017] 00766] www.gpoaccess.gov/plaws/ Fish and Wildlife Service Bell Helicopter Textron index.html. Some laws may Canada Models 206L, L- Class E Airspace; comments not yet be available. Endangered and Threatened 1, L-3, L-4, and 407 due by 4-7-08; published 2- Wildlife and Plants: Helicopters; comments 21-08 [FR 08-00722] S. 2733/P.L. 110–198 12 Month Finding on due by 4-7-08; published Establishment of Class E Higher Education Extension Petition to List Bonneville 3-7-08 [FR E8-04495] Airspace: Act of 2008 (Mar. 24, 2008; Cutthroat Trout as Bombardier Model CL-600- Rumford, ME; comments 122 Stat. 656) Threatened or 2C10 (Regional Jet Series due by 4-7-08; published Endangered; comments Last List March 18, 2008 700, 701 & 702), CL-600- 2-20-08 [FR 08-00718] due by 4-7-08; published 2D15 (Regional Jet Series Swans Island, ME; 2-7-08 [FR E8-02222] 705), and CL-600-2D24 comments due by 4-7-08; Public Laws Electronic JUSTICE DEPARTMENT (Regional Jet Series 900) published 2-20-08 [FR 08- Standards for the Airplane; comments due 00717] Notification Service by 4-10-08; published 3- (PENS) Administrative Collection of Vinalhaven, ME; comments 11-08 [FR E8-04770] Claims; comments due by due by 4-7-08; published 4-7-08; published 3-7-08 Bombardier Model CL 600 2-20-08 [FR 08-00719] [FR E8-04586] 2B19 (Regional Jet Series PENS is a free electronic mail Modification of Restricted 100 & 440) Airplanes; notification service of newly LABOR DEPARTMENT Areas; Camp Shelby, MS; comments due by 4-7-08; enacted public laws. To Employment Standards comments due by 4-7-08; published 3-6-08 [FR E8- subscribe, go to http:// Administration published 2-20-08 [FR E8- 04322] listserv.gsa.gov/archives/ Family and Medical Leave Act 03138] Bombardier Model DHC-8- publaws-l.html of 1993; comments due by TREASURY DEPARTMENT 4-11-08; published 2-11-08 102, DHC-8-103, DHC-8- Note: This service is strictly Internal Revenue Service [FR E8-02062] 106, DHC-8-201, DHC-8- for E-mail notification of new 202, DHC-8-301, DHC-8- Guidance Necessary to laws. The text of laws is not LABOR DEPARTMENT 311, and DHC-8-315 Facilitate Electronic Tax available through this service. Wage and Hour Division Airplanes; comments due Administration—Updating of PENS cannot respond to Family and Medical Leave Act by 4-10-08; published 3- Section 7216 Regulations; specific inquiries sent to this of 1993; comments due by 11-08 [FR E8-04772] comments due by 4-7-08; address.
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